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PARTIES OF RECORD TALL FIRS LOT 11 VARIANCES LUA07-107, ECF, V-A, V-A, V-A Darrin Sanford Pacific Engineering Design, LLC 15445 53rd Avenue S ste: #100 Seattle, WA 98188 tel: (206) 431-7970 eml: dsanford@paceng.com (contact) Emma Tucker 3433 NE 17th Place Renton, WA 98056 tel: (425) 271-1027 (party of record) Wauneta M. Eastman 3533 NE 17th Place Renton, WA 98056 (party of record) Scott Cameron Bent Nose, LLC 1215 120th Avenue NE ste: #110 Bellevue, WA 98004 tel: (425) 453-9995 (owner / applicant) Karen Walter Muckleshoot Indian Tribe Fisheries Division 39015 172nd Avenue SE Auburn, WA 98092 (party of record) Linda Lynch 3436 NE 17th Place Renton, WA 98056 tel: (425) 970-3441 eml : linda.lynch@comcast.net (party of record) Clifford Tucker 3433 NE 17th Place Renton, WA 98056 (party of record) Updated: 08/07/08 (Page 1 of 1) Cr, Y OF TALL FWM REFlTt7N LOT'" Pacific =440 7.7N AYE S a TALI. FIRS -- _ Engineering ` wA P Design, LLCFAX ''°°" (425) 521-SBW �» WEB srrE:WA } C MI Engineering and PACENaCXiM I Ylemmng Consultants crry OF RENTON �a�+aU. er o.rc .wx �-« ,•^,• p.n c. as��rl.nvly TALL RR9 LOTH 1{ Y Si Pacific W40 -Nav AVE 8 TALL MRS — LOT tl / RaWr , WA OROM { Engineering r,o„,=: an or n�wnau \ Design, LLC FFAK,, — calls) rr -- w® t Civil Engineering and PAOENaOOU Kar"ng Consultants Sewall Wetland Consulting, Inc. 27641 Covkom Way SE #2 Phone: 25L1&TLC515 Coving WA 9W42 Fax25i3-852-4732 �} 2012 May 30, 2012 Vladimir Kubay 32810 201h Avenue SW Federal Way, Washington 98023 RE: Tall Firs Lot 11 (Parcel #3449500055) City of Renton Installation Sign off SWC rob#12-136 Dear Vladimir, This letter is to inform you that I have inspected the stream buffer mitigation area on your property (Parcel #3449500055) on May 18, 2012 for compliance with the intent of the original plan, The mitigation has been installed as specified on the "Tall Firs Lot 11, Buffer Mitigation Plan, Parcel #3449500055" (dated 11/18/11 and revised 5/13/11 and 11/17/11) which was prepared by The Watershed Company. All plants have been installed correctly in the proper location as specified on the plan and all appear healthy. Since the installation matches the plan no "as -built" is needed. The start of the five (5) year monitoring of this project will begin from this date. The plan calls for a late summer or fall monitoring with an annual report to follow. If you have any questions or require any additional information please feel free to contact me at (253) 859-0515 or at esewall clsewallwc.com. Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall Senior Wetland Ecologist PWS #212 Sewall Wetland Consulting, Inc. 27641 Coving6:m Way SE #2 Phone 253-899-0515 Covington WA 96042 Fax 253-85247i2 May 30, 2012 Vladimir Kubay 32810 201" Avenue SW Federal Way, Washington 98023 RE: Tall Firs Lot 11 (Parcel #3449500055) City of Renton Installation Sign off SWC Job#12-136 Dear Vladimir, This letter is to inform you that I have inspected the stream buffer mitigation area on your property (Parcel #3449500055) on May 18, 2012 for compliance with the intent of the original plan_ The mitigation has been installed as specified on the "Tall Firs Lot 11, Buffer Mitigation Plan, Parcel i#3449500055" (dated 11/18/11 and revised 5/13/11 and 11/17/11) which was prepared by The Watershed Company. All plants have been installed correctly in the proper location as specified on the plan and all appear healthy. Since the installation matches the plan no "as -built' is needed. The start of the five (5) year monitoring of this project will begin from this date. The plan calls for a late summer or fall monitoring with an annual report to follow_ If you have any questions or require any additional information please feel free to contact me at (253) 859-0515 or at esewall(c�sewallwc.com. Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall Senior Wetland Ecologist PWS #212 Denis Law Ma or C171T . !� I � Department of Community and Economic Development Alex Pietsch, Administrator March 21, 2011 Mr. Scott Cameron The Cameron Group 1215 120th Ave NE, ste: #110 Bellevue, WA 98004 SUBJECT_ Tall Firs, Lot 11 Variances (LUA07-107, V-A, ECF) Dear Mr. Cameron, This office has reviewed your request (July 1, 2010) to extend the approval for three variances for Tall Firs Lot 11 (File No. LUA07-107, V-A, ECF) pursuant to RMC 4-9-250.1318. Specifically, the municipal code allows the original approving body to issue a single one (1) year extension. As the decision was issued on July 30, 2008, your request of July I" was timely. Therefore, your request is reasonable_ We understand that the property has been sold, and that the new owner is intending to construct a home on the site. You should be aware this office is empowered to issue only one such extension. If the building permit for the lot is not issued by August 1, 2011, the variance will expire and cannot be extended again. Therefore, your variance extension request is approved. The variance will expire on August 1, 2011. Please feel free to me at (425) 430-7286 should you have any further questions or comments regarding this extension. Sincerely, Jennifer Henning, A1CP Current Planning Manager cc, Chip Vincent, Planning Director Project File Renton City Hall • 1055 South Grady Way 9 Renton, Washington 98057 • rentonwa.gov Jennifer T. Henning From: Scott Cameron [scott@cameronregroup.com] Sent: Thursday, .January 27, 2011 2:11 PM To: Jennifer T. Henning Subject: (File No. LUA07-107, V, ECF). July 1, 2010 Dear Ms. Henning, This letter requests the extension of the three variances granted in July 2008, for Tall Firs, Lot 11(File No. LUA07-107, V, ECF). We have sold the property and the current owner intends to construct a home on the site during 2011. Thank you for your consideration. Sincerely, Scott Cameron Scott Cameron The Cameron Group Windermere Bellevue Commons Cell (425) 445-0887 Fax (425) 450-2600 scott@cameronregroup.com The Cameron Group I View Our Current E-Newsletter THE CAMERON GROUP RL.ttli.. I'STAI I: SUIRVIt U'S 1 Mr. Scott Cameron Bent Nose LLC 1200 -121 Avenue NE Suite B 100 Bellevue, Washington 98004 Subject: 2009 Monitoring Report NGPE Buffer Enhancement Plantings Tall Firs Lots 8, 9, 10 Renton, Washington Dear Mr. Cameron: AlderNW December 23, 2009 Project No. 80305 City of Renton Planning Division DEC 2 3 N09 fE NEO As requested, I visited the project site on September 22, 2009, to review plantings on the Buffer enhancement area on the NGPE associated with Lots 8, 9 and 10 of the Tall Firs residential development in Renton, where Buffer Enhancement plantings were required to restore and enhance the buffer area affected by construction of storm drain line extending down the slope toward Honey Creek. The enhancement planting plan for the project is presented on the Planting Plan, dated June 4, 2007, by Adolfson Associates, Inc. The plant schedule was adjusted in the fall of 2008 to reflect plant survival at the end of the first year after installation. My letter dated December 23, 2008, presented the adjusted plant schedule and the number of surviving plants at that time, for use in the continuing monitoring. 1 conducted the monitoring visit on September 22, 2009. A second visit was conducted on December 4, 2009 to collect additional data regarding the plant cover over the restoration area. Second Annual Report Success Criteria Monitoring standards to be evaluated at the end of the second year following installation of the plant materials as listed on the Planting Plan, dated .tune 4, 2007, by Adolfson Associates, Inc., are as follows: 1. 80% survival of all planted materials after the first year 2. No debris such as trash or tires shall be present 3. Non-native plant species cover shall not exceed twenty percent Plant Survival (criteria 1) I completed a count of the surviving plant materials within the NGPE buffer enhancement area. Results of this count are presented on Table 1. The overall survival rate for all planted trees and shrubs on the area is 87%. This survival rate meets the success criteria to be met at the end of the second year. 812 NE 83rd Street, Seattle, Washington 98115• Phone (206)334-1338 email aldernw@comcast.net Mr. Scott Cameron December 23, 2009 Debris (Criteria 2) Trash and debris is absent from the buffer enhancement area. Vegetative Cover (Criteria 3) Two sample transects to measure of the level of plant cover over the mitigation area were been established. The two transects were oriented at right angles to the length of the restoration area. Transect 1 has its starting point at approximately 38 feet north of the southeast corner of the NGPA. Transect 2 has its starting point at approximately 80 feet north of the southeast corner of the NGPA. The lengths of the transects are based on the extent of the area on either side of the drain pipe which were planted. Results of the % cover sampling are presented on Tables 2A, and 2B. The overall average cover by native shrubs as estimated from measurements along the two transects is approximately 17%, and there is minimal cover by Himalayan blackberry. Field bindweed (Convolvulus arvensis) is not represented on the transect data largely because the measurements were conducted after fall frosts had affected soft bodied herbaceous plants. It is however present on the restoration area at the top south end of the Storm drain restoration area within the NGPF and will likely affect the continued shrub growth. Recommendations Based on observations of conditions on the mitigation area, I have the following recommendations for maintenance activities. Common bindweed is present in the buffer planting area and will affect the growth and survival of plantings over the storm line. Measures to control its growth should be instituted in the spring and over the summer months as the bindweed initiates new growth. The above ground portion of the plants have died back over the winter but will regrow in the spring. 2. At the time of this monitoring visit, the level of cover by Himalayan blackberry was less than 5%. However, blackberry grows rapidly and will quickly take over the area and will potentially affect the growth and survival of the desired native plants in the absence of control measures. Work to control Himalayan blackberry during the spring and summer will be required. 3. The buffer area affected by construction of storm drain line is satisfactorily meeting the requirements for buffer restoration and enhancement at this time. Maintenance to control growth of bind weed and Himalayan blackberry will be required to assure that the area will continue to satisfy restoration requirements. Recommended Maintenance Schedule - 2010 April, 2010. Growth and survival of planted shrub materials should be reviewed to verify survival over the winter season_ If warranted, replacement plant materials should be installed. Himalayan blackberry where it Project No.80305 Page No. 3 Mr. Scott Cameron December 23, 2009 is present within and directly adjacent to restoration area should be removed from growing over desired shrub native shrubs. June, 2010 Restoration. area should be examined to determine growth of bindweed, and where present, bindweed should be removed. Ju1y-August 2010 Bindweed can grow rapidly during summer months. Where present bindweed should be removed from growing to cover desired shrub growth. SeMtember 2010 Annual monitoring inspection and report to City of Renton. If you have any questions or require additional information, please call. Sincerely yours, ALDER NW Garet P. Munger Enclosures: Table 1 Plant Survival Count p2A �i',��gs�4� llpasv�ee�4s Project No.80305 Page No. 3 TABLE 1 SCIENTIFIC NAME COMMON NAME QUANTITY Plant Schedule* 2009 count totals D.F. Pseudotsuga menziesii Douglas fir 3 (3) Ap Pyrus fusca Crab apple 2 (1) dog Cornus stolonifera Red -osier dogwood 45 (43) Hn Corylus cornuta Hazelnut 14 (12) Os Holodiscus discolor Ocean Spray 6 (5) Ro Rosa nootkana Nootka rose 29 (27) Th Rubusparviflorus Tbirnbleberry 15 (12) Sn Symphoricgrp os alba Snowberry 25 (19) Totals 139 (122) * Plant Schedule numbers are from the adjusted plant schedule after replanting in December, 2008. 2009 count numbers are surviving plants in October, 2009. Per cent survival is 87% TABLE 2A TRANSECT 1 DATA Transect 1: Starting point 38ft north of SE corner Restoration area and running at right angles to length of restoration area. December 4, 2009 Transect # 1 Distance Herbaceous Woody cover Non native Other Along groundcover (native) shrubs Transect (% cover) (% cover) (% cover) (feet) 0-5 100 (grasses) 10 (5) 10 (4) Nettles 70% 5-10 90 (grasses) 10(5) 10 (4) Nettles 60% 10-15 80 (grasses) 0 0 Nettles 70% moss 15-20 90 (grasses) 10(2) 0 Nettles 50% 20-25 70 (grasses) 10 (1) 0 Nettles 60% 10 (2) 25-30 70 (grasses) 10(l) 10 (4) Nettles 50% 30 (2) 30-35 60 (grasses) 10 (l) 10 (4) Sword fern 10% 10 (2) Average 80 14 6 Cover % Notes: ( ) identification of plant species along transect. (1) snowberry (Symphoricarpos alba) (2) wild rose (Rosa nootkana) (3) salmonberry (Rubus spectabilis) (4) Himalayan blackberry (Rubus discolor) (5) red osier dogwood (C'ornus stolonifera) Nettles = Urtica dioca Mr. Scott Cameron December 23, 2009 TABLE 2A TRANSECT 2 DATA Transect 2: Starting point 80ft north of SE corner Restoration area and running at right angle to length of restoration area. December 4, 2009 Transect # l Distance Herbaceous Woody cover Non native Other Along groundcover (native) shrubs Transect (% cover) (% cover) (% cover) - - (feet) - 0-5 90 (grasses) 10 (3) 0 - T Nettles 10% 20 (6) mosses 5-10 100 (grasses) 10(5) 0 Nettles 10% 10-I5 80 (grasses) 15 (5) 0 Nettles 20% 15 (3) moss 15-20 90 (grasses) 10(5) 10 (5) Nettles 50% Average 90 20 2 Cover % Notes: ( ) Identification of plant species along transect. (1) snowberry (Symphoricarpos Alba) (2) wild rose (Rosa nootkana) (3) salmonberry (Ruhus spectabdis) (4) Himalayan blackberry (Rubus discolor) (5) red osier dogwood (Cornus stolonifera) (6) Oregon grape (Mahonia nervosa) Nettles = Urtica dioca Project No.80305 Page No. 3 w 2 �S5 1 51 551�5�k P S s� r mar f, d a - ME1rfMPL 4v ` � c � rI W v z i4 teE 1TrH ST � 4'� A z Renton � 9� rvr $Irh,S�r w a z L w w R {C j 2= Kmg Comely 1253ft VICINITY MAP ALDE RNTaff Firs Renton, Washington Project No.80305 Date Figure 1 APPROXIMATE SCALE 40 0 40 60 feet SITE MAP ALDERNW Tall Firs NGPA Restoration Renton, Washington Project No.80305 Date Dec., 2009 Figure 2 Drainage Easement 0 Restoration/Enhancement O�- pproximate Location Transect 2 pproximate Location Transect 1 Approximate photopoint tocation 12 IPA �' '�' � r.'- S a w-.' rt .'i ,'r`� M'iYr" � �w� f �... �� lid •� ; 14 Isc �: r - r-+ ? ;dam `�' '► -T •, � i ��'* w" .�#��'ti� Yf g` vim+ '4'!x Ile 47 �i. o� � s '• � �le .i y':-, ^� -� � �., fie.. ti Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 20080g� PACIFIC NW TIT �pg20 15 7 09G0Z 2008 14:24 4.00 KING COUNTY, Up Title: NGPE EASEMENT Property Tax Parcel Number: TAX # 344950- 0055 I Project File #: LUA07-107 Street Intersection or Project Name: TALL FIRS LOT I I Grantor(s): Bent Nose, LLC. 1215 120th Ave NE, Suite 110 Bellevue, WA 98005 Grantee(s): Bent Nose, LLC. 12151201e Ave NE, Suite 110 Bellevue, WA 98005 The Grantor, as named above, for and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the above name4 Grantee, the following described property /�qq LEGAL DESCRIPTION; j��J LOT 11, BLOCK 1, HONEY CREEK PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 59 OF PLATS, PAGE 57, RECORDS OF KING COUNTY, WA; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. NATIVE GRQWTH PROTECTION EASEMENT PACIFIC NORTHWEST TITLE 6)) ! Z�� t 2_ THE CREATION OF THE NATIVE GROWTH PROTECTION EASEMENT (NGPE) CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE EASEMENT AREA SHOWN IN THE ATTACHED PLAN. THIS INTEREST SHALL BE FOR THE PURPOSE OF PRESERVING NATIVE VEGETATION FOR THE CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND THE PROTECTION OF PLANT AND ANIMAL HABITAT. THE NATIVE GROWTH PROTECTION EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE EASEMENT AREA ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE EASEMENT AREA. THE VEGETATION WITHIN THE NGPE MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT EXPRESS WRITTEN PERMISSION FROM THE CITY OF RENTON, PROVIDED HOWEVER THAT THE LEAST AMOUNT OF REMOVAL AND/OR DAMAGE OF VEGETATION IS ALLOWED AS NECESSARY TO CONSTRUCT, MAINTAIN AND REPAIR A SINGLE-FAMILY HOME AND SURFACE WATER DRAINAGE FACILITIES ON THE PROPERTY. ANY VEGETATION DAMAGED OR REMOVED IN THE NATIVE GROWTH PROTECTION EASEMENT MUST BE REPLACED WITH NATIVE VEGETATION. THE RIGHT OF ENTRY IS GRANTED HEREIN TO THE AGENTS, REPRESENTATIVE AND EMPLOYEES OF THE OWNERS OR SUBSEQUENT OWNERS OF THE UNDERLYING PROPERTY. NATIVE GROWTH PROTECTION EASEMENT LEGAL DESCRIPTION: COMMENCING AT THE NORTHWEST CORNER OF LOT #11 SAID ABOVE PROPERTY N39°20'20"E A DISTANCE OF 47.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING N 39" 20' 20" E FOR A DISTANCE OF 93.I3 FEET TO THE NORTHEAST CORNER OF LOT #1 1 ; THENCE S 25" 47' 46" E FOR A DISTANCE OF 17,17 FEET TO A POINT; THENCE S 260 28' 21" E FOR A DISTANCE OF 22.04 FEET TO A POINT; THENCE S 35" 54' 45" E A DISTANCE OF 15,90 FEET TO A POINT; THENCE S 330 14' 08" E A DISTANCE OF 21,33 FEET TO A POINT; THENCE S 090 06' 52" E A DISTANCE OF 13.14 FEET TO A POINT; THENCE S 10" 43' 06" W A DISTANCE OF 11.93 FEET TO A POINT; THENCE S 170 37' 59" E A DISTANCE OF 13.28 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF LOT ##11; THENCE FOLLOWING THIS LINE S 550 51' 17" W A DISTANCE OF 81.24 FEET TO THE SOUTHWEST CORNER OF LOT 911; THENCE N 09" 50' 36" W A DISTANCE OF 16.64 FEET TO A POINT; THENCE N 170 3T 59" W A DISTANCE OF 38.99 FEET TO A POINT; THENCE N 10" 43' 06" E A DISTANCE OF 7.96 FEET TO A POINT; THENCE N 350 54' 45" W A DISTANCE OF 16.04 FEET TO POINT; THENCE N 26" 28' 21" W A DISTANCE OF 11.39 FEET TO THE TRUE POINT OF BEGINNING. oy� Sh'� w � 32 75 IST fs� `STONAL o cog EXPIRES: 02/18/2009 Native Growth Protection Easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns, Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this L day of 2002�. Notary Seal must be within box 9 `tom\\\\1111titi�tfill e'3` iQ��Ryi� �► '2 ��'� tWAS►'���. =� INDIVIDUAL FORM OFACKNOWLEDGMENT STATE OF WASHINGTON } SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that CAM-e YbdL _ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notlry Pubes in ands the,5tate of Washington Notary (Print) t� V �My appointment expires: Dated: 1 121 09, Seal must be within box REPRESENTATII•E FORM OFACKNOWL STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument, Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: SAProject Files\07019 Tall Firs Lot I IMPE EasementNGPE EASEMENT,DOC\ Page 2 FORM 03 0000Poh/CA2-21-97 r � Y as a a N39 20'20"E 47.87' I o 2 Z mK I 0 O v N V I m rn rTf N39 20'20 "E 83.13' S39 2O'20"W z 161. 00"-u tu) (-.4 0) � go Z �a•Y f 'A Y hhZ V Csr � o / 6t cn ru iv O 4.' Cb z ��ssr J +. r V VI V r�^ V I NS 41 �1 M -U (j, N v o ry cn A(lpo—n_! -racr; �v �� �cryaoc..,� cQ cp O a, C14 rn rq Z 01 rl ADO � � > I r rn �, B TALL FIRS ETE3NATRE Pacific SALWA 981813 cwnvv lq Engineering PHONE: PROJECT NO.-.07019 77 (206) 431-7970 DRAWN BY. CM PROTEC'nON C FAX: ISSUE DATE T,L Design, 08/77%08 EASEMENT (206) 388-1648 MAP 1 Civil Engineering and WEB SITE: PAGE 03 OF 03 PACENG.COM Planning Consultants CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 14, 2008 To: City Clerk's Office From: Stacy Tucker Subiect: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Tall Firs Lot 11 Variances LUA (file) Number: LUA-07-107, ECF, V-A, V-A, V-A Cross -References: LUA05-164 - Tall Firs at Honey Creek AKA's: Lot 11 Tall Firs Variances Project Manager: Andrea Petzel / Jennifer Henning Acceptance Date: October 4, 2007 Applicant: Scott Cameron, Bent Nose, LLC Owner: same as applicant Contact: Darrin Sanford, Pacific Engineering Design, LLC PID Number: 3449500055 ERC Decision Date: June 2, 2008 ERC Appeal Date: June 23, 2008 Administrative Approval: July 30, 2008 Appeal Period Ends: August 13, 2008 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Application for Environmental Review for the development of a single-family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. Location: 3400 Block of NE 17th Place Comments: CITE` "'OF RENTON 41% 77 Department of Community and * ,.0 h♦ Economic Development ���� L4111b caw, iviay�n AlC% YICTSCIl, AUminisrraTor August 14, 200E Darrin Sanford Pacific Engineering Design, LLC 15445 53 Avenue S Seattle, WA 98188 SUBJECT: Tall Firs Lot 11 Variances LUA07-107, ECF, V-A, V-A, V-A Dear Mr. Sanford: This letter is to inform you that the appeal period ended June 23, 2008 for Environmental Review Committee's Determination of Non -Significance — Mitgated, and August 13, 2008 for the Administrative Variance approval for the above -referenced project. No appeals were filed on the Determination of Non -Significance — Mitigated and the Administrative Variance approval, therefore these decisions are final and application for the appropriate permits may proceed. The applicant.must comply with all ERC Mitigation Measures and Adminsitrative Variance conditions of approval during construction and prior to final inspection. If you have any questions regarding the report and decision issued for this Administrative Variance approval, please call me at (425) 430-7286. Sincerely, Jennifer Henning Current Planning Manager cc: Scott Cameron - Bent Nose, LLC / Owner Emma Tucker, Clifford Tucker, Karen Walter, Wauneta M. Eastman, Linda Lynch / Parties of Record 1055 South Grady Way - Renton, Washington 98057 1 E lr T Q lr AI4-PAD OFTHECURVE- 9 This pamroonlains50%recycled maleria1,30%post consumer STAFF REPORT City of Renton Department of Community & Economic Development ADMINISTRATIVE VARIANCE REPORT & DECISION Project Name: Tall Firs at Honey Creek, Lot 11 Variances Owner / Contact: Scott Cameron Bent Nose, LLC 4 - 102nd Avenue NE, Suite: #201 Bellevue, WA 98004 Applicant: Darrin Sanford Project Manager Pacific Engineering Design, LLC 15445 53rd Avenue S. Ste: #100 Seattle, WA 98188 File Number Project Description Project Location: Site Area: LUA07-107, V-A, V-A, V-A, ECF Project Manager NALAE INITIAUDATE Jennifer Henning Application for three administrative variances for development of a single-family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three administrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. 3500 Block of NE 17`h Place Approx. 10,133 SF New Building Area Approx. 2,000 SF ' SITE ool 1' NE 17t Si a. s NE Sunset 'I Bfvd Project Location Map Variance Report & Decision.doc STAFF REPORT City of Renton Department of Community & Economic Development ADMINISTRATIVE VARIANCE REPORT & DECISION Project Name: Tall Firs at Honey Creek, Lot 11 Variances Owner / Contact. Scott Cameron Bent Nose, LLC 4 - 102nd Avenue NE, Suite. #201 Bellevue, WA 98004 Applicant: Darrin Sanford Project Manager Pacific Engineering Design, LLC 15445 53rd Avenue S. Ste: #100 Seattle, WA 98188 File Number: LUA07-107, V-A, V-A, V-A, ECF Project Manager: Jennifer Henning Project Description: Application for three administrative variances for development of a single-family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three administrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. Project Location: 3500 Block of NE 17th Place Site Area: Approx. 10,133 SF New Building Area Approx. 2,000 SF -ti SITE AN icA AOL, E Sunset Bfvd' Project Location Map Variance Report & Decision.doc Cily of Renton Department of Commu �c Economic Development Adr, trative Variance Report & Decision TALL FIRS AT HONEY CREEKLOf 11 VARIANCES LUA07-107, V-A, V-A, V-A, ECF Report of July 30, 2008 Page 2 of 9 PART ONE: PROJECT DESCRIPTIONIBACKGROUND The applicant, Scott Cameron, is requesting three administrative variances to build one single-family house on a lot containing protected slopes and in a stream buffer. The parcel is Lot I l of Tall Firs at Honey Creek, which is an existing legal lot, currently vacant, created in 1958. Lots 8, 9 and 10 of Tall Firs at Honey Creek went through a similar environmental review and variance process in 2005 (LUA 05-164). Construction of those three homes was completed in 2007. The subject site slopes steeply downwards from NE 17t' Place on the south side to Honey Creek on the north edge of the lot. The City of Renton Water Classes Map shows this segment of Honey Creek as a class 3 stream. However, the State Department of Fish and Wildlife, in a letter dated June 1, 2006, reported Coho salmon and cutthroat trout in Honey Creek. This information changes the classification of the stream at this location to a class 2, with a required 100-foot buffer. Where protected slopes are present, the stream buffer extends to the top of the slope. For this project, the stream buffer thus extends to the top of the protected slope, approximately 90 to 125 feet from the ordinary high water mark (OHWM) of Honey Creek. The slopes are thickly vegetated with fir trees and native plants categorized as lowland mixed forest. There is dense shrub cover along the stream and no wetlands onsite. The proposed house would be approximately 2,000 GSF with a 1,570 SF building footprint. It would consist of two stories utilizing relatively lightly loaded wood framing supported on deep foundations. Due to the topographic relief across the site, the structure would use a stepped foundation and daylight basement construction. Upon completion of the house, less than 20% of the overall site will be covered with impervious surface by buildings and driveways. The requested front yard variance would reduce the front yard setback requirement of 20 ft. for the garage and 15 ft. for the primary structure to 1 foot in order to place the houses as far as possible from of the critical areas. Critical Areas variances are requested in order to build the homes on the protected slopes in the stream buffer. PART TWO: ENVIRONMENTAL REVIEW A SEPA Determination of Non -significance — Mitigated was issued on June 2, 2008 imposing the following mitigation measures: 1. The applicant shall follow the recommendations of the geotechnical and supplemental studies provided by Earth Solutions Northwest, LLC, dates September 10, 2007 and January 15, 2008. The recommendations shall be followed for site preparation, site construction and building construction phases. 2. The applicant shall submit a clearing/grading plan indicating clearing limits with the building permit application. 3. The applicant shall submit a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the State Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. 4. The applicant shall place a Native Growth Protection Easement (NGPE) over that part of the lot encompassing the creek and buffer area, where not covered by the house, walkway, or driveway. Restrictive covenants shall also be placed on the lot. The easement and restrictive covenants shall be recorded prior to issuance of building permits. 5. Should erosion occur that impacts Honey Creek; the applicant shall be required to restore, maintain, and monitor the disturbed area. Maintenance and monitoring of the impacted site shall occur for five years, with evaluation reports submitted to the Development Services Project Manager quarterly for the first year and annually for the four years thereafter. 6. In order to mitigate for the clearing of the upslope area where the house would be sited, and to mitigate for the proposed 75 foot setback from Honey Creek rather than the 100 feet that would be applicable to Class 2 streams, staff recommends that the applicant be required to submit a slope vegetation enhancement plan. The Variance Report & Decision.doe City of Renton Department of Comm -fz Economic Development Ads, rative Variance Report & Decision TALL FIRS AT"HONEY CREEK W i 11 VARIANCES LUA07-107, V-A, V-A, V A, ECF Report of July 30, 2008 Page 3 of 9 enhancement plan would need to be prepared by a qualified professional, and consist of native plants. The plan shall be submitted to the Planning Division project manager at the time of building permit submittal. 11 PART THREE: ADMINISTRATIVE LAND USE ACTION - REPORT & DECISION A. Type of Land Use Action Site Plan Review Conditional Use XX I Administrative Variance B. Exhibits The following exhibits were entered into the record: Shoreline Substantial Development Permit Binding Site Plan Administrative Code Determination Exhibit No. 1: Yellow file containing: application, proof of posting and publication, environmental review and other documentation pertinent to this request. Exhibit No. 2: Site and Utilities Plan — Lot 11 (Sheet CO 1) (Dated 9/20/2007) Exhibit No. 3: Neighborhood Detail Map (Sheet ND01) (Dated 05/11/2006 Exhibit No. 4 Zoning Map (Sheet D-5, East '/2) Exhibit No. 5. ERC Mitigation Measures and Advisory Notes C. Staff Review Comments Representatives from various City departments have reviewed the application materials to identify and address site plan issues regarding the proposed development. All of these comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Decision at the end of the report. Several staff review memoranda are also included as exhibits to this report. FINDINGS, CONCLUSIONS & DECISION Having reviewed the written record in the matter, the City now makes and enters the following: D. Findings 1) Request: The applicant, Scott Cameron, has requested approval of three administrative variances. The first is a critical areas variance pursuant to RMC 4-9-250.13.l.c.iii.a, in order to allow the construction of one single- family home on protected steep slopes. The second is a critical areas variance pursuant to RMC 4-9- 250.B.I .c.iii.c, to allow the construction of one single-family home in a stream buffer. The third is a front yard setback variance to reduce the 20-foot front yard garage setback, required by RMC 4-2-11 OA, to one (1) foot. The front yard setback variance is requested in order to move the proposed homes as far as possible out of the stream buffer. 2) Administrative Variance: The applicants' administrative variance submittal materials comply with the requirements necessary to process a variance. The project file, the applicants' site plans, and a location and zoning map are entered as Exhibits No. I through 4. 3) Existing Land Use: The land use surrounding the subject site is single-family residential. Honey Creek runs along the rear property line of the site. 4) Existing Site Conditions: The lot is currently platted but undeveloped. It was platted in 1958. Approximately 80% of the site is located on protected slopes, 40%, or steeper, and in the stream buffer of Honey Creek. Variance Report & Decision -doe City of Renton Department of Commu & Economic Development rldr trative variance Report & Decision TALL FIRS AT HONEY CREEKLO'l II VARIANCES LUA07-107, V A, VIA, V A, ECF Deport of July 30, 2008 Page 4 of 9 5) Zoning: The site is located in the Residential - 8 (R-8) dwelling units per acre zone. The development standards for this zone require a 15-foot front yard setback for the primary structure, 20-foot front yard setback for the garage, 20-foot rear yard setback, and 5-foot interior side yard setback. Maximum lot coverage for lots over 5,000 square feet in size is 35% or 2,500 square feet, whichever is greater. 6) Topography: There is a small plateau along NE 17`h Place and then the site slopes downward steeply from southwest to northeast, toward the rear of the site. 7) Lot and Building Size: Lot 1 l is 10,133 SF. The proposed single-family home would have approximately 2,000 SF of living space and a footprint of approximately 1,570 SF. 8) Consistency with Variance Criteria: The decision maker shall have authority to grant an administrative variance upon making a determination, in writing, that the criteria for the specific variance are met. The variance criteria for assessing a critical areas variance to Guild a single-family house on steep slopes are set forth in RMC 4-9-250.B.6: a. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated: Granting a variance to allow the construction of a single-family house on steep slopes would not be detrimental to the public welfare. There is a danger that the soils upon which the neighboring home is built could be impacted by the excavation and pile driving that would be undertaken during construction of the homes. For this reason staff recommends as a condition of variance approval, that the applicant be required to follow the submitted geotechnical report, which contains recommendations regarding this potential detrimental impact of the project. b. There is no reasonable use of the property left if the requested variance is not granted: The property is zoned for single-family residential development. If the lot is not used for the development of a single-family home, there is no other use that the lot could be used for that would allow the owner a reasonable return for the cost of the property. c. The variance granted is the minimum amount necessary to accommodate the proposal objectives: The construction of one house on the existing underlying lot is the minimum amount necessary to meet the owner's proposed objective. d. The need for the variance is not the result of actions of the applicant or property owner: The need for the variance lies in the natural topography of the site and the fact that it was platted many years ago before the City instituted critical areas regulations. It is not the result of actions on the part of the applicant and owner. The variance criteria for assessing a critical areas variance to Guild a single-family house in a class 2, 3, or 4-stream buffer are set forth in RMC 4-9-250B9: a. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed five thousand (5,000) square feet, including access. Otherwise the alteration shall be reviewed as a Hearing Examiner variance and subject to the review criteria of subsection B6 of this Section: Because the stream buffer extends to the top of the slope, no part of the lot is located outside the stream buffer area. This would not suffice for the placement of the proposed home. The homes on Lots 8 and 9 could be placed a little closer to the front of the lots, and thus farther out of the buffer area, and still retain the 20 ft. of driveway length considered adequate for access. Staff has spoken with the representatives of the appropriate departments, and it is not likely that the paving width would be increased along the street frontage of the site in the future. For this reason, staff recommends as a condition of approval, that the house on Lot 11 be placed such that there is only 20 ft. of driveway length as measured from the edge of the paving of NE 17`' Place. The front yard variance will address this issue as well. Variance Report & Decision.doc City of Renton Department of Commu & Economic Development Adr trative Variance Report & Decision TALL FIRS AT HONEY CREEK LOr 11 VARIANCES LUA07-107, V A, VIA, V-A, ECF Report of July 30, 2008 Page 5 of 9 b. Access is located so as to have the least impact on the wetland and/or stream/lake and its buffer: The driveway would be located at the front of the lot almost completely out of the stream buffer. c. The proposal preserves the functions and values of the wetlands and/or stream/lake/riparian habitat to the maximum extent possible: By placing the house as close to the front of the lots as possible, the impacts to habitat are minimized. There would remain a minimum 75-foot buffer area between the house and Honey Creek. In order to preserve and protect this valuable buffer area, staff recommends as a condition of variance approval, that the applicant place a Native Growth Protection Easement over that part of the lot encompassing the creek and buffer area where the houses are not proposed. The easement shall be recorded prior to issuance of building permits. The submitted stream study and geotechnical reports contain recommendations that, when followed, would also assure that the function of the habitat is not affected more that necessary. This includes recommendations regarding foundation work and the replanting of disturbed areas. Staff recommends as a condition of variance approval, that the applicant be required to follow the recommendations of the submitted geotechnical report and stream study. In addition to following the recommendations of the stream study as they pertain to replanting, staff recommends that the applicant be required to submit to the Planning Division project manager, a planting plan for all areas disturbed during construction prior to the issuance of building permits. The planting plan shall show the proposed new vegetation in all areas of the buffer that was disturbed by construction. A professional, qualified in the use of native vegetation, shall plan and carry out the revegetation. Staff recommends as a further condition, that prior to issuance of an occupancy permit, all replanting shall be completed. d. The proposal includes on -site mitigation to the maximum extent possible: The impacts of building one home in the stream buffer are avoided as much as possible through the placement and design of the house and its foundation. Replanting of disturbed areas would mitigate for disturbances. The applicant was previously required (for LUA05-164, lots 8, 9 and 10) to extend an existing outfall pipe that had eroded the slope. This has helped to improve the slope stability in the stream buffer and reduce the negative impact surface water runoff, and offset some of the impacts of building the homes. As a condition of variance approval, staff recommends temporary erosion control according to the State Department of Ecology standards. This must be in place during all stages of construction. In addition, staff recommends that existing trees greater than 6-inches in diameter be retained and protected throughout the duration of site and building construction. e. The proposal first develops noncritical area, then the critical area buffer, before the critical area itself is developed: By placing the home as close to the front of the lot as possible, the applicant is avoiding the critical areas as much as possible. f. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State: Because the home would be built at least 75 feet from the ordinary high water mark of Honey Creek, and that buffer area is thickly vegetated with mature native plants, the impact to the Coho salmon and cutthroat trout reported by the Department of Fish and Wildlife is not expected. As a condition of variance approval, staff recommends temporary erosion control according to the State Department of Ecology standards. This must be in place during all stages of construction. In addition, staff recommends that existing trees greater than 6-inches in diameter be retained and protected throughout the duration of site and building construction. Variance Report & Decision.doe City afRenton Department of Commu & Economic Development Adt trative Variance Report & Decision TALL FIRS AT HONEY CREEK LO r 11 VARIANCES L UA07-107, V-A, V A, V-A, ECF Report of July 30, 2005 Page 6 of 9 g. The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelopable condition after the effective date of this Section: Lot l 1 is pre-existing and was platted as part of Tall Firs at Honey Creek in 1958. h. The proposed variance is based on considerations of the best available science as described in WAC 365-195-905, or where there is an absence of valid scientific information, the steps in RMC 4-9-25OF are followed: The applicant submitted a Stream Evaluation (dated September 17, 2007) and Supplemental Stream Study (dated March 14, 2008) completed by Alder NW. The studies address the proposal to build one house in relation to Honey Creek and its buffer area. The study has adequately followed characteristics of a valid scientific process. In addition, comments were previously provided for LUA05-164 (lots 8, 9 and 10) by Larry Fisher of the State Department of Fish and Wildlife, which provided clarification of the conditions of the stream and presence of fish. The variance criteria for assessing a frontyard setback variance to reduce the frontyard garage setback of Lot 11 front 20 feet to ]foot, in order to place the garage at 20 feet from the edge of street paving, are set forth in RMC 4-9-250B9. a. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification: The property is unusually encumbered by protected steep slopes. The stream buffer of Honey Creek extends from the rear of the lot to the top of the steep slopes at the front of the lot. There is only an approximately 12 to 20 foot strip of land at the front of the lot that is not affected by the protected slopes and stream buffer. Thus it is not possible for the applicant to build a home as others would on lots of the same size in the R-8 zone, in which it is located. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated: Granting of the variance to reduce the front yard setback of Lot l I such that the garages can be placed 20 feet. from the edge of the street paving would not likely be detrimental to the public or to other improvements in the vicinity. There is a fairly large amount of area in the unimproved right-of-way that could be used as front yard area if the garage was closer than the required 20 ft. from the front lot line. Planning Division staff spoke with staff of other departments, and no frontage improvements will be required along the site. It is not likely that the paving will ever be widened there. The proposed home would have a two -car garage. Furthermore, if a critical areas variance is approved requiring that the houses on Lot 11 be placed such that the garage is only 20 feet from the edge of street paving, each home would still retain enough space for an additional two cars to park in the driveway. c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated: Approval of the variance would not constitute a granting of special privilege. Due to the unusual existing conditions on the lot and the necessity to remain as far out of the critical areas as possible, it is not likely that other property owners would be faced with the same situation. Granting of similar variances for Lots 8, 9 and 10 in June 2006 (LUA05-164) established precedence for a nearly identical situation. At that time, the report and decision noted: "If similar situations were to arise, a variance such as this would also be considered. " As the variances for the abutting property to the west has previously been granted, this is not considered to be a grant of special privilege. Variance Report & Decision.doc City of Renton Department of Commu & Economic Development Adr native variance Report c& Decision TALL FIRS AT HONEY CREEK LD7 11 VARIANCES LUA07-107, V-A, V-A, V-A, ECF Report of July 30, 2008 Page 7 of 9 d. That the approval as determined by the Decision -maker is a minimum variance that will accomplish the desired purpose: The proposal to build one home on existing legal lots in proximity to Honey Creek on protected steep slopes necessitates critical areas variances and exemptions_ Approval of a zero foot (0') variance would be the minimum needed to accomplish the purpose; however, this would result in portions of the house possibly extending beyond the property line, and into the right-of-way. Therefore, staff recommends approval of the critical areas variance and exemption as proposed. E. Conclusions 1. The subject site is located in the 3500 block of NE 171h Place, within the Residential - S Dwelling Units per Acre (R-8) zoning designation. 2. The R-8 zone requires a minimum 20-foot front yard setback for the garage (section 4-2-110A). In order to fulfill the condition of the critical areas variance to move the home as far out of the critical areas as possible, a variance is requested to reduce the front yard setback of the garage to one (1) foot. 3. The analysis of the proposal according to variance criteria is found in the body of the Staff Report. 4. The Environmental Review Committee has issued a Determination of Non -significance — Mitigated for the project on June 2, 2008. F. Decision The Administrative Critical Areas Variance to build one single-family house on steep slopes, Tall Firs at Honey Creek Lot 11, File No. LUA07-107, V-A, V-A, V A, ECF is approved subject to the following conditions: 1. The applicant shall follow the submitted geotechnical report. 2. The applicant shall provide temporary erosion and sedimentation control according to the State Department of Ecology manual. This must be in place during all stages of construction. 3. Existing trees greater than 6-inches in diameter shall be retained and protected throughout the duration of site and building construction. The Administrative Critical Areas Variance to build one single-family house in a class 2, 3, or 4 stream buffer, Tall Firs at Honey Creek Lot]],. LUA07-107, V-A, V-A, V-A, ECF, is approved subject to the following conditions: 1. The applicant shall follow the submitted geotechnical report. 2. The house on Lot 11 shall be placed such that there is only 20 ft. of driveway length as measured from the edge of the paving of NE 171h Place. 3. The applicant shall place a Native Growth Protection Easement over that part of the lot encompassing the creek and buffer except for the area where the house is to be located, after consultation with Planning Division project manager. The easement shall be recorded prior to issuance of building permits. 4. The applicant shall install and maintain temporary erosion control according to the State Department of Ecology standards. This must be in place during all stages of construction 5. Existing trees greater than 6-inches in diameter be retained and protected throughout the duration of site and building construction. 6. The applicant shall follow the recommendations of the submitted Stream Study and Supplemental Stream Study (prepared by Alder NW, dated September 17, 2007 and March 14, 2008). 7. The applicant shall submit to the Planning Division project manager, a planting plan for all areas disturbed during construction prior to the issuance of the building permit. The planting plan shall show the proposed new Variance Report & Decision.doc City of Renton Department of Commu I Economic Development Adt native Variance Report & Decision TALL FIRS AT HONEY CREEK L 01 11 VARIANCES L UA07-107, V-A, V-A, V A, ECF Report of July 30, 2008 Page 8 of 9 vegetation in all areas of the buffer that would be disturbed by construction. A professional, qualified in the use of native vegetation, shall plan and conduct the planting approved per the revegetation plan. 8. The applicant shall complete all replanting prior to final inspection of the building permit for the home. The Administrative Setback Variance, Tall Firs at Honey Creek Lot 11, File No. LUA07-I07, V-A, V-A, V-A, ECF is approved subject to the following condition: The variance is granted only in conjunction with the Critical Areas Variance and Critical Areas Exemption. If the Critical Areas Variance and/or Exemption are not approved, or the conditions are not met, the variance is null and void. Signature: C.E. Vincent, Planning Director TRANSMITTED this 30th day of July, 2008 to the applicants and owner: Scott Cameron Bent Nose, LLC 4 - 102nd Avenue NE Ste: #201 Bellevue, WA 98004 TRANSMITTED this 30th day of July, 2008 to the contact: Darrin Sanford Project Manager Pacific Engineering Design, LLC 15445 53rd Avenue S Ste: #100 Seattle, WA 98188 TRANSMITTED this 30th day of July, 2008 to the Parties -of -Record: Clifford Tucker Emma Tucker Linda Lynch 3422 NE 17th Place 3433 NE 17th Place 3436 NE 17th Place Renton, WA 98056 Renton, WA 98056 Renton, WA 98056 TRANSMITTED this 30th day of July, 2008 to the following: Larry Meckling, Building Official Fire Marshal Neil Watts, Development Services Director Gregg Zimmerman, Public Works, Administrator Renton Reporter Land Use Action Appeals Date Karen Walter Muckleshoot Indian Tribe Fisheries Div. 39015 172nd Avenue SE Auburn, WA 98092 The administrative land use decision will become final if the decision is not appealed within 14 days of the date of approval. An appeal of the decision must be filed within the 14 day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). An appeal to the Hearing Examiner is governed by Title IV, Section 4-8-11.13, which requires that such appeals be filed directly with the Hearing Examiner via the City of Renton City Clerks Office. Appeals must be made in writing on or before 5:00 PM on August 13, 2008. Any appeal must be accompanied by a $75.00 fee and other specific requirements. THE APPEARANCE OF FAIRNESS DOCTRINE provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be Variance Report & Decision.doc City of Renton Department of Commu & Economic Development Adt trative Variance Report & Decision TALL FIRS AT HONEY CREEK LOT 11 VARIANCES LUA07-107, V-A, V-A, V A, ECF Report of July 30, 2008 Page 9 of 9 made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. Variance Report & Decision.doe �.t 'RMYo1�JCilYNXa PFA "bpf%12 e x Jii PORTION OF THE SW 1/4 OF THE SE 1/4 OF SEC. 4, TWN. 23N., RNC3. 5E., W.M. r N E% YARD GRAIN b u ' \ 72U 044Y (4 )-3n.50 . ..- r r FOO M GRAIN/ #� 7MTU14E ' PROPOSED WATER utTSl V R75.0' n ' O VEWA EDGE OF DUST. ',� 1' ----ASPHALT (TYV.} SETO 45.0' HAMMER HEAD THIN-ARXM DESIGN PEP L'ITY OF RENM STANDARD DETAILS M EAS qt 71 I , LOT 11 1 TAX !F 344950-0055 ( ` EXHIBIT 2 g H fA.T rM,: 070Y mAEN er: cJs 159JE pATL 00-71}90�7 S>fTi ftEY' Lar" WM AND UTLn= PLAN ola�ew�eRaw CQ1 3 N OD LL 0 r w v0 w F IL 0 v r 3 uo LL 0 s�ae��ns�n7 A¢svuald p W09T7N37Vd pue JBU.4 I!A!.) �3.IlB Sam uJa .s r9 wa om-ws Mm) ST iP]IV J j I LN, ue-sziR6 ���tQNQlIBi d6 AMD 9SO" WM ixuaaui ug -- ld '1 Ib1 s 3AV odcs swat og!o f =� /1 �Lv� , 1 �a..w uea� 3[N Ad NOrNlll It1Q7 NOINai � 'RsrSw sad Trot =aAUO ,__ w V, !�1 ca 1T i x W C5 - 33 T24N R5E E 1/2 --------------------------- E5 - 09 T23N ME E 1/2 C �y O + a m + ZONING 1,4 t PW TECHNICAL SERVICES � � Q 200 400 � �\T 0� HAWN Feat 1:4,800 D 5 04 T23N R5E E 1/2 5304 ca H 2 x W CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA07-107, ECF, V-A, V-A, V-A APPLICANT: Scott Cameron, Bent Nose, LLC PROJECT NAME: Tali Firs Lot 11 Variances DESCRIPTION OF PROPOSAL: . Application for Environmental Review for the development of a single- family home on Lot 11 of Tall Firs at Haney. Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three atlminstrative variances are requested; a reduced front yard setback, building on a critical slope; and a reduction in the stream buffer. There are no wetlands onsite. LOCATION OF PROPOSAL: 3400 Block of NE 171h Place LEAD AGENCY: The City of Renton Department of Community & Economic. Development Planning Division. MITIGATION MEASURES; 1. The applicant shall follow the recommendations,of the geotechnieal and supplemental studies provided by Earth'Solutions Northwest, LLC, dates September 10, 2001 and ,Januarjr 15, 2.008. The recommendations shall be followed for site preparation,site construction and building construction phases: 2. The applicant shall submit a clearing/grading plari iridicating clearing lirrA ith the building perrhif ;application. - .. The applicant shall submit.a Temporary.,Er9st©n a dFSed mentation Contrc;l Plan (TESCP) designed' pursuant to the State Department of Ecology's Eion arid;Sedirrieht Corrfrol Regi�irerrierts, outlined in Volume ll of the 2001 Storrnwate►. Maiiag+ement Manual 4. The applicant shall place a Native. GroW'ffi Protection Easement tNGPI )`over,that part of the lot encompassing the creel` and buffer areas:where,not c6v6red by the'.,' vt alkwayy or driveway. Restrictive covenants shall also be placed onthe Jo#. serl The`:eaerit and restrictive covenants shall be recorded prior to issuance of building permns.,;. g. Should erosion occur that impacts Harley Creek, the applicant: shall be required: to restore,. maintain and monitor the disturbed area.. Maintenance and .monitoring of the impacted site shall occur.for five•years, with evaluation reports submitted to the Development Services Project Mainager quarterly for t#ie first year. and annually for the four years.thereafter. 6. Iri: order to mitigate for the clearing of -the, upslope area where the house would be sited,. acid -tomitigate for the proposed 75 foot setback from Honey;Greek rather than the 100 feet that w" ould be applicable to Class. 2 stream's; staff recommends °that the.applicant be required. to submit an slope vegetation enhaneement plan. The enhancement plan. would need to: be prepared by a qualified .professional, and:consiitt of native plants. The. plan shall -be submitted to the Planning Division projedt manager at the time of building permit submittal. EXHIBIT 5 Page 1 of 1 CITY OF RENTON DETERMINATION OF NOWSIGNIFICANCE-MITIGATED ADVISORY NOTES STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a bi-weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a bi-weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on June 7, 2008. The full amount of the fee charged for said foregoing publication is the sum of $100.80. indaM.Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 9th day of .tune, 2008. athy Dals , otary Public J4 the State of Washington, Residing in Covingt n, Washington P. Q. Number: NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non - Significance -Mitigated for the following project under the authority of the Renton Municipal Code. Tall Firs Lot l l Variances LUA07-107, Ecf, V-A, V-A, V-A Location: 3400 Block of NE l7th Place. Application for Environmental Review for the development of a single-family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the.stream buffer. There are no wetlands onsite. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on June 23, 2008. Appeals must be filed in writing together with the required S75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-t 10.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (42514,10-6510. Published in the Renton Reporter on June 7, 2008. #84509. zy a Ali NO r— i�+lll �0F7 W P,'J i ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (III POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Tall Fks Lot 11 Variances PROJECT NUMBER: LUA07-10L ECF, V�A, V-A, V-A LOCATION: 3400 Block of NE 17µ Place DESCRIPTION: Applfcatfon for Environmental Rev➢ew for the development of a sfnghtfamfly home on Lot 11 of Tall Fim at Honey Creak. The pro;act site is located In the R-6 Zone, The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminsirative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction In the stream buffer. There are no wetlands onsite, THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on June 23, 200. Appeals must be Tiled in writing together with the required $76.00 application fee will Hearing Examiner, City of Renton, 1P53 South Grady Way, Renton. WA 96057. Appeals to the Examiner are governed by City of Renton Municipal Code Section "-110.6. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510, IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT 1425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the proJecl NUMBER when calling for proper file identificatlon. CERTIFICATION hereby certify that copies of the above document rr�k�� were past by me in conspicuous places or nearby the described prope fltty� 11) 1ltktiIs DATE: LI SIGNE _ -- A i - ATTEST: Subscribed and sworn before rue, a Notary Public, in and for the State of Washington rl in 6-k { on the day of :Tim' NOTARY ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Tall Firs Lot 11 Variances PROJECT NUMBER: LUA07-107, ECF, V-A, V-A, V-A LOCATION: 3400 Block of NE 171h Place DE5CRIPTIOW Application for Environmental Review for the development of a single-family home on Lot 11 of Tali Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on June 23, 2008. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. CITY F RENTON * a ,�j7 �- ^,� t]enis �.aw, Mayar June 4, 2008 Darrin Sanford Pacific Engineering Design, LLC 15445 53rd Avenue S #100 Seattle, WA 98188 SUBJECT: Tall Firs Lot 11 Variances LUA07-107, ECF, V-A, V-A, V-A Dear Mr. Sanford: Department of Community and Economic Development Alex Pietsch, Administrator This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have. issued a threshold Determination of Non -Significance -Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report and Decision, Part 2, Section B for a list of the Mitigation Measures. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on June 23, 2008. Appeals must be filed in writing together, with the required $75.00 application fee with: Hearing Examiner, City. of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-5- 110.13, Additional information regarding the appeal process maybe obtained from the Renton City Clerk's Office, (425) 430-6510. If the Environmental Determination is appealed, a public hearing date will be set and all parties notified. If you have any questions or desire clarification of the above, please call me at (425) 430-7286. For the Environmental Review Committee, Jennifer Henning, AICP Current Planning Manager Enclosure cc: Scott Cameron - Bent Nose, LLC / Owner(s) Linda Lynch, Emma Tucker, Karen Waltcr / Party(ias) of Record 1055 South Grady Way - Renton, Washington 98057 S- This paper mntains 50% recycled material, 30% post consumer RENTON AHEAD OF T E. CURVE CITY F RENTON UR7- +� Denis Law. Mayor �r r� June 4, 2008 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: Environmental Determination Department of Community and Economic Development Alex Pietsch, Administrator Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on June 2, 2008: DETERMINATION OF NON -SIGNIFICANCE -MITIGATED PROJECT NAME: Tall Firs Lot 11 Variances PROJECT NUMBER: LUA07-107, ECF, V-A, V-A, V-A LOCATION: 3400 Block of NE 17`4 Place DESCRIPTION: Application for Environmental Review for the development of a single- family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminstrative variances are requested; a reduced, front yard setback, Building on a critical slope, .and a reduction in the stream buffer. There are no wetlands onsite. Appeals of the environmental determination must be filed in writing on or before 5:00 PM -on June 23, 2008. Appeals must be filed in writing together with .the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-1 10.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office,. (425) 430-6510. If you have questions, please call me at (425) 430-7286. For the Environmental Review Committee., Jennifer Henning, AICP Current Planning Manager Enclosure cc: King County Wastewater Treatment Division WDFW, Stewart Reinbold David F. Dietzman, Department of Natural Resources WSDOT, Northwest Region Duwamish Tribal Office Karen Walter, Fisheries; Muckieshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program US Army Corp. of Engineers Stephanie Kramer, Office of Archaeology & Historic Preservation 1055 South Grady Way - Renton, Washington 98057 This papercbntains 50% recycled material, 30% postconsumer -RENTON AHEAD OF THE CURVF CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA07-107, ECF, V-A, V-A, V-A APPLICANT: Scott Cameron, Bent Nose, LLC PROJECT NAME: Tall Firs Lot 11 Variances DESCRIPTION OF PROPOSAL: Application for Environmental Review for the development of a single- family home on Lot 11 of Tall Firs at Honey. Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. LOCATION OF PROPOSAL: 3400 Block of NE 17`h Place LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. The applicant shall follow the recommendations of the geotechnicai and supplemental studies provided by Earth Solutions Northwest, LLC, dates September 10, 2007 and Janijary 15, 2008. The recommendations shall be followed for site preparation, site construction and. building construction phases. 2. The applicant shall submit a clearing/grading plan.'indicating clearing limits .with the building permit application. 3. The applicant shall submit a Temporary. Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the State Department of Ecology''Erosion and Sediment Control Requirements, ,outlined in Volume 11 of the 2001 Stormwater Management Manual: 4.. The applicant shall place`a Native Growth.Protection Easement (NGPE) over that part of the lot encompassing the creek and buffer area, where not covered:by the house, walkway, or driveway. Restrictive covenants shall. also be placed on the lot. The,easement and restrictive covenants shall be recorded prior to issuance of building permits. . 5. Should erosion occur that impacts Honey Creek, the applicant shall be required to restore, maintain and monitor the disturbed area. Maintenance and monitoring of the impacted site shall occur for five years, with evaluation reports submitted to the Development Services Project Manager quarterly for the first year and annually for the four years thereafter. 6. In order to mitigate for the clearing of the upslope area where the house would be sited, and to mitigate for the proposed 75 foot setback from Honey;Creek father than the 100 feet that would be.applicable to Class: .2 streams, staff recommends that the. applicant be required to submit an slope vegetation enhancement plan. The enhancement plan would need to be prepared by a qualified professional, and consist of native plants. The plan shall be submitted to the Planning Division project manager at the time of building permit submittal. ERC Mitigation Measures Page 1 of 1 CITY OF RENTCN DETERMINATION OF NON -SIGNIFICANCE -MITIGATED ADVISORY NOTES APPLICATION NO(S): LUA07-107, ECF, V-A, V-A, V-A APPLICANT: Scott Cameron, Bent Nose, LLC PROJECT NAME: Tall Firs Lot 11 Variances DESCRIPTION OF PROPOSAL: Application for Environmental Reviewfor the development of a single- family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. LOCATION OF PROPOSAL: 3400 Block of NE 171h Place LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division Advisory Notes to Applicant. The following notes are supplemental information provided in conjunction. with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Fire: 1. Fire sprinklers for the house will be required.due to the location of the proposed house on a dead-end road. Parks: 1. There is city ,owned open space abutting this parcel on the opposite. side of Honey Creek. ERC Advisory Notes Page .I of I CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA07-107, V-A, V-A, V-A, ECF APPLICANT: Scott Cameron, Bent Nose, LLC PROJECT NAME: Tall Firs at Honey Creek Lot 11 Variances DESCRIPTION OF PROPOSAL: Application for Environmental Review for the development of a single- family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. LOCATION OF PROPOSAL: 3400 block of NE 17th Place LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on June 23, 2008. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 O.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: June 7, 2008 DATE OF DECISION: June 2, 2008 SIGNATURES: awl 61 Z_O 6 -2 -08 6r-&dg Zi erm , Administrator Date I. David Daniels, Fire Chief Date Public Works Department Fire Department �A� A"-- o Terry Hig hiyama, Administrator Date Alex Pietsch, Administrator Community Services Department of Community & Economic Development Date ENVIRONMENTAL REVIEW COMMITTEE MEETING NOTICE June 2, 2008 To: Gregg Zimmerman, Public Works Administrator Terry Higashiyama, Community Services Administrator I. David Daniels, Fire Chief Alex Pietsch, CED Administrator From: Jennifer Henning, CED Planning Manager Meeting Date: Monday, June 2, 2008 Time: 3:00 PM Location: Sixth Floor Conference Room #620 Agenda listed below. Tall Firs Lot 11 Variances (Hennina) LUA07-107, ECF, V-A, V-A, V-A Location: 3400 block of NE 17th Place. Description: Application for Environmental Review for the development of a single-family horse on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. Boeina Paint Hanaar (Dolbeej LUA08-046, ECF Location: 737 Logan Avenue N. Description: The applicant is requesting a SEPA Environmental Review for the reactivation of the 5-50 Paint Hangar located at 737 Logan Ave. N. The existing 5-50 building is 38,000 sq. ft. and is located on a 168-acre parcel belonging to Renton Municipal Airport. The subject site is zone Industrial Medium (IM). The purpose of the project would be to refurbish the 5-50 Paint Hangar to paint 737 series aircraft. The entire interior of the facility would be demolished except the boiler room and associated equipment. Major upgrades would include a walk-on ceiling, new body exhaust pits, and structural upgrades. The 5-50 building is located approximately 67 feet west of the Cedar River's ordinary high water mark. The proposal is to refurbish the interior of an existing facility; as such, the existing on -site storm drainage system would be utilized. Pasauier Boatlift (Wasser) LUA08-047, ECF, CU-H, SM Location: 3709 Lake Washington Blvd N. Description: The applicant is requesting Environmental (SEPA) Review, a Hearing Examiner Conditional Use Permit and a Shoreline Substantial Development Permit for the installation of a freestanding, portable boatlift inside an existing boat house in association with an existing single family residence on the shore of Lake Washington. The project site is a 4,349 square foot lot in the Residential - 8 dwelling unitslacre (R-8) zone. The proposed project encompasses the assembly of a pre -manufactured marine grade aluminum boatlift using common hand tools. Assembly and installation is expected to take approximately four hours. The proposed boatlift would be assembled on shore adjacent to and within 20 feet of Lake Washington. cc: D. Law, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, CED Director® D. Pargas, Assistant Fire Marshall N. Watts, Development Services Director F. Kaufman, Hearing Examiner C. Duffy, Deputy Chief/Fire Marshal J. Medzegian, Council P. Hahn, Transportation Systems Director R. Lind, CED Planning Manager L. Warren, City Attorney ERC City of Renton REPORT Department of Community & Economic Development ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: February 4, 2008 I Reprised June 2, 2008 Project Name: Tall Firs at Honey Creek Lot 11 Variances Owner: Scott Cameron, Bent Nose, LLC 1215 120"' Avenue NE, Suite 110 Bellevue, WA 98004 Applicant: Same as Owner Contact Damn Sanford, Pacific Engineering Design, LLC 15445 53" i Avenue South, Suite 100 Seattle, WA 98188 File Number. LUA 07-107 V-A, V-A, V-A, ECF Project Manager: Jennifer Kenning, Planning Manager Project Summary: Application for Environmental Review for the development of a single-family home on Lot 1 l of Tall Firs at Honey Creek The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. In order to build the single-family home, three adminstrative variances are requested-, a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. 'There are no wetlands onsite. Project Location: 3400 block of NE 17th Place Exist. Bldg. Area SF: NIA Proposed New Bldg. Area (footprint): 1,570 SF Proposed New Bldg. Area (gross): 2,000 SF Site Area: 10,133 SF Total Building Area GSF: 2,000 SF STAFF Determination of Nora -Significance - Mitigated (DNS-M) RECOMMENDATION: .NE 17V Project Location Map Tall Firs Lot I I ERC REPORI' doc City of Renton Department of Comt y & Economic Development Environ al Review Committee Staff -Report TALL FIRS AT HONEY CREEK 11 VARIANCES UA 0 7-10 7 V-A, If A, V-A, ECF Revised Report of June 2, 2008 Page 2 of 7 PART ONE: PROJECT DESCRIPTION ! BACKGROUND The applicant, Scott Cameron, is requesting Environmental (SEPA) Review and three variances to build one single-family house on an existing lot containing protected slopes and within a stream buffer. The parcel is Lot 11 of Tall Firs at Honey Creek, which is an existing legal lot, currently vacant, created in 1958. Lots 8, 9 and 10 of Tall Firs at Honey Creek went through a similar environmental review and variance process in 2005 (LUA 05-164). A Determination of Non -Significance Mitigated (DNS-M) was issued for Lots 8, 9 and 10 was issued on June 29, 2006. Construction of those three homes was completed in 2007. The subject site slopes steeply downward from NE 171h Pl. on the south side to Honey Creek on the north edge of the lot. The City of Renton Water CIasses Map shows this segment of Honey Creek as a Class 3 stream. However, Larry Fisher of the State Department of Fish and Wildlife, in a letter dated June 1, 2006, reported coho salmon and cutthroat trout in the stream. This information changes the classification of the stream at this location to a Class 2, with a required 100-foot buffer. Steep slopes greater than 40% slope are present on the site, and extend from Honey Creek. Where protected slopes are present, the stream buffer extends to the top of the slope. For this project, the stream buffer thus extends to the top of the protected slope, approximately 90 to 125 feet from the ordinary high water mark (OHWM) of Honey Creek. The slopes are thickly vegetated with fir trees, western red cedar, alder trees, and native plants categorized as lowland mixed forest. There is dense shrub cover along the stream; however no wetlands are present onsite. The proposed house would be approximately 2,000 GSF with a 1,570 SF building footprint. It would consist of two stories utilizing relatively lightly loaded wood framing supported on deep foundations. Due to the topographic relief across the site, the structure would use a stepped foundation and daylight basement construction. Upon completion of the house, less than 20% of the overall site will be covered with impervious surface by buildings and driveways. The requested front yard variance would reduce the front yard setback requirement of 20 ft. for the garage and 15 ft. for the primary structure to 1 foot in order to place the houses as far as possible from of the critical areas. Critical Areas variances are requested in order to build the homes on the protected slopes in the stream buffer. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21 C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS-M with a 14-day Appeal Period. B. Mitigation Measures 1. The applicant shall follow the recommendations of the geotechnical and supplemental studies provided by Earth Solutions Northwest, LLC, dates September 10, 2007 and January 15, 2008. The recommendations shall be followed for site preparation, site construction and building construction phases. 2. The applicant shall submit a clearing/grading plan indicating clearing limits with the building permit application. 3. The applicant shall submit a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the State Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume 1I of the 2001 Stormwater Management Manual. 4. The applicant shall place a Native Growth Protection Easement (NGPE) over that part of the lot encompassing the creek and buffer area, where not covered by the house, walkway, or driveway. Restrictive covenants shall also be placed on the lot. The easement and restrictive covenants shall be recorded prior to issuance of building permits. Tall Firs Lot 11 ERC REPORT.doc City of Renton Department of Comt Y & Economic Development Environ al Review Committee Staff Report TALL FIRS AT HONEY CREEK 11 VARIANCES UA 07-107 V-A, V A, V A, ECF Revised Report of June 2, 2008 Page 3 of 7 5. Should erosion occur that impacts Honey Creek, the applicant shall be required to restore, maintain and monitor the disturbed area. Maintenance and monitoring of the impacted site shall occur for five years, with evaluation reports submitted to the Development Services Project Manager quarterly for the .first year and annually for the four years thereafter. 6. In order to mitigate for the clearing of the upslope area where the house would be sited, and to mitigate for the proposed 75 foot setback from Honey Creek rather than the 100 feet that would be applicable to Class 2 streams, staff recommends that the applicant be required to submit an slope vegetation enhancement plan. The enhancement plan would need to be prepared by a qualified professional, and consist of native plants. The plan shall be submitted to the Planning Division project manager at the time of building permit submittal. C. Exhibits Exhibit 1 Site and Utilities Plan (dated 9/20/2007) Exhibit 2 Neighborhood Detail Map (dated 9/20/2007) D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The site slopes steeply toward Honey Creek with grades greater than 40%. The applicant submitted a Geotechnical Engineering Study from Earth Solutions NW (ESNW) (dated September 10, 2007), which was subject to secondary review, conducted by GeoEngineers (letter dated January 15, 2008). Most of the site is heavily vegetated, but the 1,570 SF future building pad site was previously cleared in conjunction with construction on the abutting lots (#8, 9, and 10) and uncontrolled fill has been placed along the top of the slopes of the subject property resulting in a steeper gradient than was likely prior to the site grading activities. The fill material was likely generated from the excavations conducted on the adjacent lots to the west. The top of the slope is presently covered with straw, however, some erosion is evident and likely results from upland sheetflow. The original geotechnical report (dated September 10, 2007) found that the subject parcel meets the criteria for High Landslide and Severe Erosion Hazard area; however, there is no evidence of recent large-scale slope instability. The report states that development of a new single-family house could be supported on drilled pier or pin pile foundations advanced at least 10 feet into dense native soils encountered at depths of about 25 feet below existing grades. The new residence footprint and drainage elements will likely improve overall slope stability by protecting the slope surface from weathering and capturing and redirecting surface water or shallow seepage that might otherwise cause instability. GeoEngineers secondary review indicated that the site was feasible for proposed development from an engineering standpoint, and further took no exception to the recommendations of the ESNW report. However, GeoEngincers did note the need for additional information. In a response to the secondary review, Earth Solutions NW commented on two missing elements from their original report in a letter dated January 15, 2008. First, the response notes that there are no public wells within one -quarter mile of the site. A private well was dug in 1972 on a parcel over one -quarter mile to the west of the subject site. Second, the response letter addresses the missing slope stability analysis by stating that the existing slope is stable with respect to deep-seated rotational failure. The most common form of instability on this slope would be related to erosion, and due to the relatively loose condition of existing, near surface soils and the granular nature of the material, erosion from surface water would be expected across much of the slopes area of the property. Impacts of constructing a new house on the protected steep slopes include the disruption and removal of soils. The applicant has indicated that soils would be excavated in order to create deep foundations. Soils would be removed to a depth where medium -dense to dense native sands are found. Over -excavation may be Tall Firs Lot II ER REPORT doc City of Renton Department of Comn v & Economic Development Envirow d Review Committee Staff Report TALL FIRS AT HONEY CREEK_ _ 11 VARIANCES UA 0 7-10 7 V A, V-A, V-A, ECF Revised Report of June Z, 2008 Page 4 of 7 necessary in order to reach medium -dense sands, and in such cases structural fill may be required to bring foundations up to proposed footing elevations. Soils would also be impacted when the piers and pilings proposed to support sections of the homes are driven. Because the building pad site has already been cleared in conjunction with the construction of the homes on Lots 8, 9, and 10, the applicant proposes no additional clearing, grubbing or tree removal. It is likely that some grading will occur, however it would be minimal and likely limited to drilled pier spoils and grading associated with the foundation construction and landscaping. Approximately 100 cubic yards of fill will be brought to the site. No clearing or grading plan was submitted with the application materials, and as part of the variance report staff will recommend as a condition of approval that the applicant submit a clearing/grading plan indicating clearing limits with the building permit application. The applicant has proposed to minimize any possible impacts that would arise from the removal of vegetation by avoidance of disturbing any areas other than those where construction is absolutely necessary. The house would be placed as close to the top of the slope as possible, and the applicant has requested a front yard variance to do this. The possible impact of erosion due to construction of the homes on steep slopes would be minimized by the design of the foundations as recommended in the submitted geotechnical report. The geotechnical report also recommends using caution and monitoring when excavating and driving piles to avoid impacts to soils under the neighboring home. Staff recommends that the applicant be required to follow the recommendations of the geotechnical report and supplemental studies during site and building construction. As part of the Stream Buffer and Protected Slope Critical Areas Variances, staff will recommend that the applicant be required to follow the recommendations in the submitted geotechnical report and stream evaluation study. The applicant will also be required to submit a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the State Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. A Spill Prevention, Control, and Containment Plan must also be supplied. Mitigation Measures: a. The applicant shall follow the recommendations of the geotechnical and supplemental studies provided by Earth Solutions Northwest, LLC, dates September 10, 2007 and January 15, 2008. The recommendations shall be followed for site preparation, site construction and building construction phases. b. The applicant shall submit a clearing/grading plan indicating clearing limits with the building permit application. c. The applicant shall submit a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the State Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume 11 of the 2001 Stormwater Management Manual. d. The applicant shall place a Native Growth Protection Easement (NGPE) over that part of the lot encompassing the creek and buffer area, where not covered by the house, walkway, or driveway. Restrictive covenants shall also be placed on the lot. The easement and restrictive covenants shall be recorded prior to issuance of building permits. Nexus: SEPA Regulations, Critical Areas Regulations, DOE Stormwater Manual 2. Water a. Wetland, Streams, Lakes Impacts: Impacts to Honey Creek - a Class 2 stream - could occur due to onsite construction. Disturbance of soils and removal of vegetation in the stream buffer on steep slopes could lead to erosion; the response of Earth Solutions NW to the secondary review indicates that erosion from surface water would be expected across much of the slopes area of the site. Construction of the house would necessitate soil removal for the foundations to a depth of up to 35 feet. Tall Firs Lot 11 ER REPORT.doc City of Renton Department of Coin y car Economic Development Environ al Review Committee Staff Report TALL FIRS AT HONEY CREEK 11 VARIANCES L UA 07-107 V-A, V-A, V A, ECF Revised Report of June 2, 2008 Page 5 of 7 The applicant submitted a Stream Evaluation by AlderNW (dated September 17, 2007). The report states that there will be no anticipated disturbance to the stream of streamside vegetation. The forest canopy over the stream will not be reduced, so there will be no loss of shading effect over the stream, and no anticipated impact on stream temperatures. Vegetation on the steep slope below the home will be undisturbed and there will be no reduction in the level of biological production along the stream bank for support of aquatic populations. The City's Environmental Review Committee (ERC) initially discussed the project proposal on February 4, 2008, The ERC determined that additional information was needed in order to issue an environmental threshold determination for the project. Specifically, the committee requested that a Supplemental Stream Study be provided. The project was placed on -hold, pending receipt of the study. A Supplemental Stream Study, prepared by Alder NW (dated March 14, 2008, received April 1, 2008) was submitted for review. The study notes that the south portion of the property, where the new home is proposed, was partially cleared during site construction work for the abutting Lots 8, 9, and 10 of the Tall Firs development. Honey Creek is characterized in the study as a Class 3, perennial stream. (However, due to previous determination, the City considers this reach to be Class 2, based on information provided by Washington Department of Fish and Wildlife regarding the presence of Coho salmon and cutthroat trout in the stream.) The supplemental study describes the development as reserving the area below the house and within 75 feet of the stream as a Native Growth Protection Easement, to function as a buffer and wildlife habitat area adjacent to Honey Creek. No new clearing, beyond that has already been completed during previous work for Lots 8, 9 and 10 would occur. Special review criteria apply and have been responded to by the applicant via the supplemental stream study. The criteria (in bold) and response are provided as follows: a. The proposal is the minimums necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed five thousand (5,000) square feet, including access. The study indicates that the area of new impervious surface on the lot would be approximately 2,000 s.f., including the new residence and the driveway access to the lot. b. Access is located so as to have the least impact on the wetland and/or stream/lake and its buffer. The study indicates that access to the new home would be from NE 17t` Place. This access is one the south side of the proposed new home and is on the side away from Honey Creek and the buffer area to be maintained. C. The proposal preserves the functions and values of the wetlands and/or stream/lake/riparian habitat to the maximum extent possible. The study indicated that he proposed building footprint and area to be cleared is outside of the standard 75 foot stream buffer. The area within the 75 foot buffer would be set aside form development and the vegetative cover maintained. d. The proposal includes on -site mitigation to the maximum extent possible. The study indicated that no area outside of the building footprint is available for mitigation. Any areas outside of the building footprint disturbed during construction would be restored with native plant materials. e. The proposal first develops non -critical area then the critical area buffer, before the critical area itself is developed. The study indicates that there is no area within the existing lot which is outside of a defined Class 3 stream buffer when the buffer is extended beyond 75 feet to include the extent of the steep slope. The proposed development area would be limited to the area adjacent the existing road and away from Honey Creek. f. The proposed activities will not jeopardize the continued existence of endangered, threatened, or sensitive species as listed by the Federal or State government. The study concludes that there are no threatened or endangered species that would be affected by the proposed development. g. The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelopable condition after the effective date of this Section. Tall Firs Lot 11 ERC REPORT.doc Cin, of Renton Department of Comn v & Economic Development Environt zl Review Committee Staff Report TALL FIRS AT HONEY CREEK, 11 VARIANCES UA 07--107 V-A, V-A, V-A, ECF Revised Report of June 2, 2008 Page 6 of 7 The study states that Lot 11 is an existing lot, platted prior to adoption of regulations assigning a stream classification to Honey Creek. h. The proposed variance is based on considerations of the best available science as described in WAC 365-195-905, or where there is an absence of valid scientific information. The study discusses best available science based on McMillan's The Science of Wetland Buffers and Its Implications far the Management of Wetlands. McMillan describes buffers as barrier or treatment zone intended to be established and maintained to protect the character and function of the aquatic resource. Buffers provide "sink" and "source" functions. The "sink" functions are those that essentially absorb impacts before reaching the aquatic resource (moderate water function levels, mediate chemical and physical impacts from erosion, and moderate temperature). The "source" functions support wildlife habitat, provide biotic input to the wetland system, and mediate effects of human disturbance. The important functions related to the stream buffer associated with Honey Creek on Lot 1 I are related to the maintenance of water quality in the stream and to maintenance of wildlife habitat and biotic support to the aquatic habitat of the creek. The study indicates that water quality is less of an issue related to buffer size and width. There would be little contribution to flows within Honey Creek, based on the side slopes of Lot 11. The side slope is well vegetated and stable, therefore resulting in little potential for erosion. The buffer does provide an area of biological production which contributes food and nutrients to the aquatic habitat. Since no new clearing is proposed, there would be no significant change in the vegetative cover and biological production directly adjacent of the creek which would affect the level of contribution of organic matter and nutrients to the aquatic system. Shade to moderate water temperature would be maintained by existing vegetation as no additional clearing would occur. The study discusses concludes that since the house would be supported on pilings rather than on an excavated foundation support, the impacts would be minimized. In addition, best management practices would be utilized to minimized disturbance. Work would be seasonally limited to the summer months when Honey creek is at its lowest level and soils are driest to limit the potential for erosion. Revegetation with native plants is also proposed. No new impacts would occur for utilities. The new house would be built at least 75 ft. from the ordinary high water mark of the stream, so the chances of impacts to the stream would be limited as much as possible. Staff is recommending approval of a variance to reduce the front yard setback requirement in order to place the house closer to the street and further from the stream. As discussed under Soils above, the project would be required to provide erosion control and revegetate any disturbed areas in order to reduce the risk of impacts, although this is not anticipated. The applicant would also be required to follow recommendations in both the geotechnical report and stream study, to assure that construction methods are used that reduce the potential for impacts to Honey Creek. However, given in the event that erosion does occur there could be impacts to Honey Creek and the associated salmon habitat. Therefore, as a condition of approval staff recommends that over the course of developing lot 11, should erosion occur that impacts Honey Creek the applicant shall be required to restore, maintain and monitor the impacted site. In order to mitigate for the clearing of the upslope area where the house would be sited, and to mitigate for the proposed 75 foot setback from Honey Creek rather than the 100 feet that would be applicable to Class 2 streams, staff recommends that the applicant be required to submit an enhancement plan. The enhancement plan would need to be prepared by a qualified professional, and consist of native plants. The plan shall be submitted to the Planning Division project manager at the time of building permit submittal. Mitigation Measures: a. Should erosion occur that impacts Honey Creek, the applicant shall be required to restore, maintain and monitor the disturbed area. Maintenance and monitoring of the impacted site shall occur for five years, with evaluation reports submitted to the Development Services Project Manager quarterly for the first year and annually for the four years thereafter. b. In order to mitigate for the clearing of the upslope area where the house would be sited, and to mitigate for the proposed 75 foot setback from Honey Creek rather than the 100 feet that would be applicable to Class 2 streams, staff recommends that the applicant be required to submit an slope vegetation enhancement plan. Tall Firs Lot I ERC REPORT. doe City of Renton Department of Comi y & Economic Development Environ al Review Committee Staff Report TALL FIRS AT HONEY CREEK 11 VARIANCES L UA 07-107 V A, V-A, V-A, ECF Revised Report of June 2, 2008 Page 7 of 7 The enhancement plan would need to be prepared by a qualified professional, and consist of native plants. The plan shall be submitted to the Planning Division project manager at the time of building permit submittal. Nexus: SEPA Regulations, Critical Areas Regulations 3. Wildlife Impacts: Impacts to the coho salmon and cutthroat trout reported in Honey Creek by the Department of Fish and Wildlife are unlikely. The houses would be at least 75 feet from the ordinary high water mark. Although there is a potential of erosion due to disturbance of soils and vegetation in the buffer area, the applicant will be required to follow the geotechnical report and stream study, to reduce this risk. Erosion control would also be required. As conditions of approval of the Critical Areas Variances the applicant is required to submit plans for replanting, and monitoring and maintenance plans. Staff received comments from Karen Walter of the Muckleshoot Indian Tribe Fisheries Division, expressing concern for the impacts of salmon habitat due to tree removal from the site, specifically the loss of any trees that would be otherwise available to recruit to Honey Creek and provide salmonid habitat. At this time, the applicant has no plans to remove any trees from the site. Because the entire site is within a stream buffer, the removal of any trees in the future would be subject to a Critical Areas Variance reviewed by the Hearing Examiner. Therefore, no mitigation measures are recommended at this time. Mitigation Measures: No further mitigation measures are necessary. Nexus: NIA E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." Copies of all Review Comments are contained in the Official File and may be attached to this report. Environmental Determination Appeal Process Appeals of the environmental determination must be filed in writing on or before 5:00 PM, June 23, 2008. Renton Municipal Code Section 4-8-110.13 governs appeals to the Hearing Examiner. Appeals must be filed in writing at the City Clerk's office along with a $75.00 application fee. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall - 7th Floor, 1055 S. Grady Way, Renton WA 98057. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Fire: 1. Fire sprinklers for the house will be required due to the location of the proposed house on a dead-end road. Parks: 2. There is city -owned open space abutting this parcel on the opposite side of Honey Creek. Tall Firs Lot 11 ERC REPORT. doe 'Iavlswlv'./1[AlrO PER 'tAyk71 PORTION OF THE SW 1/4 OF THE SE 1/4 OF SEC. 4, TWN_ 23N., RNQ. 5E., W,M. f W .♦ p . Q -0i uu ♦♦ , Fr'w. e � ' C �1 CALE ♦♦♦♦♦♦ ` /� GPA 2� �1 6 le s v ♦h EK YARD GRAIN � ♦qt / / ♦ PROPOSED Id PRIVATE STDRM EASrT g�tt 1 72LF R^ PVC YD Ill ` `\ ♦♦ 'f' O / ! RIM .326.79 \ \ 1 INV (B')�326.29 i1\ < / NV <4 ) 326,EE 4 1 v ,^ EoonNc DRAIN/ METER WATER +^ nLOT 11 alTuuE \' TAX # 344950-0055 N� J?� i S' SIdE. YARD 1 SE TB 1 �C NEW R25.0' j d PRIYEWF `♦` �1YPao"T rro 07" 1•{ t`♦� moE OF [MST. RO.o'� 1' T YAR6 `m.. m cis ♦� ASPHALT(TYP.) ! �� r ISWE GATE: 00-iD-91DO7 r �,,♦♦ R25A'— , ' PROPOSED SANITARY SMELT Imo'.: SIDE SERvCE 4 t HAPAMER aTy OF NEAR TURN-AROESION PER h1, alr ♦ �� LOT it OF RENTDN STANDARD DD ETAILS 20.0' � 4SD f 111LRlS CLAN 45.01 Y ' o+ol�wv�-taA.e Got sp -) All ULM[d Y,ICK]Ghi3�tld R° iB�H I!ASJ rase-oa' mrn a i e 83M 5n nc'oi uc 0888i49 (SZV) use-(sz (SZw C)"I"I `u2lsau ►ic MM mio AAO Q sflom vM " iILI30Lii�ug' IEJ TIVl e and atlas gom u 10-1 8FLi TtVl -10 AJM Sy V ' Y + � + PUBLIC WORKS DEPARTMENT �,-� M E M O R A N D U M DATE: April 21, 2008 TO: Alex Pietsch David Daniels Terry Higashiyama Neil Watts Jennifer Henning FROM: Gregg Zimmerman - SUBJECT: April 21, 2008 ERC Agenda, Tall Firs at Honey Creels Lot 11 Variances Having visited this site, it does not look like it can accommodate a residential building pad to me, and I am concerned about environmental impacts regarding critical slopes, stream buffers, bank stability, and habitat impacts. Based upon my visual inspection, and with the information I currently have, I do not agree with issuing administrative variances in order to accommodate building a house in this location. I do not feel that I have sufficient information to issue a DNS-M for this proposal. E c:fusers'tigzirnmermanldesktoplcity forms%memo formslstandard memo.doc "R- 6� ��LDeisLaw, Mayor April 21, 2008 Darrin Sanford Pacific Engineering Design, LLC 15445 53rd Avenue S # 100 Seattle, WA 98188 SUBJECT: Tail Firs Lot 11 Variances LUA07-107, V-A, V-A, V-A, ECF "Off Hold" Notice CITY IFF RENTON Department of Community and Economic Development Alex Pietsch, Administrator Dear Mr.. Sanford. Thank you for submitting the additional materials requested in the February 5, 2008 letter from the City. Your project has been taken off hold and the City will be continuing with their review of the Tall Firs Lot 11 Variances project. The project has. been rescheduled for review by the Environmental Committee on April 21, 2008. The planner that was assigned to this project is no longer with the City of Renton, therefore, if you have any questions; please contact Jennifer Henning, Planning Manager at (425) 430-7286. Sincerely, Stacy Tucker Planning Secretary cc: Scott Cameron —.Bent Nose, LLC / Owner(s) Linda Lynch, Emma Tucker, Karen Walter 1 Party(ies) of Record 1055 South Grady Way - Renton, Washington 98057 This paperoonfains501/6recyc material,30%post consumer RENTaN AHEAD OF THE CURVE �60FRENTQNFIt1E SUILDINGDiIQ�*NW March 14, 2008 Project No. 80305b Ms. ScoiL F. Cameron Bern Nose LLC 4-lVd Ave NE Bellevue Washington 98004 Subject: Supplemental Stream Report Tall Firs Lot 11 Renton, Washington Tax Parcel No. Tax ID # 3449500055 Dear Mr. Cameron. - As requested, I have prepared a stream evaluation report for Lot 11 of the Tall Firs residential development in the City of Renton. The subject property is identified as King County Tax Lot # 3449500055. This lot is also identified as Lot I 1 of the Honey Park Addition. The property is located in the 3500 block of NE 17" Place. In preparing this report I reviewed a previous report dated December 1, 2005 which: addressed conditions on Lots 8, 9, 10 and 11. For that report I had visited the site in August and September, 2005 to complete the site evaluation. I revisited the site in September, 2007 and in February, 2008 for completing this report which addresses Lot 11. general Site Conditions The subject property is an irregularly shaped property with an area of approximately 0.23 acre. It is located on the northeast side of NE 17'h Place, in the 3500 block, within the City of Renton. For the purpose of discussing site conditions and the proposed development, we have assigned north as being perpendicular to NE 17`h Place_ The property is an existing platted building lot. It is bounded on the south by NE 17" Place. The north property line generally follows the orientation of Honey Creek. Lot 10 of the Tall Firs development, with a recently constructed new house is to the west. The lot to the east is undeveloped and is forested. Other properties on the south side of NE 17'h Place are occupied by existing homes. The subject property was partially cleared during construction work for Lot 10. The property is situated on the north facing side of a steep sided ravine with Honey Creek flowing through the base of the ravine. Topographically the property generally slopes steeply down from about elev. 348 along the north side of NE 17'h Place to about elev. 290 at Honey Creek. North of the creek, the ravine slopes steeply up. A large diameter sanitary sewer main runs through the base of the ravine and there is a gravel surfaced roadway along the north side of Honey Creek. Where it passes the subject property, the sewer line, was initially constructed generally within the creek bed. There are manholes on either side of the creek. 518 North 59th Street, Seattle, Washington 98103• Phone (206)783-1036 email aldernwocomcast.net Mr. Scott Cameron March 18, 2008 Vegetative Cover Vegetative Cover Vegetation across the property is generally characterized as Lowland mixed forest. This cover type designation is based on the habitat categories listed in the King County Wildlife Study Guidelines for SEPA (1993). Similar categories are listed and described in the King County Wildlife Habitat Profile (1987), The predominant tree species present on the property is Douglas fir (Pseudotsuga menziesu), with some red alder (Alnus rubra) and western red cedar (Thuja plicata). Understory shrub species include vine maple (Acer circinatum), salmonberry (Rubus spectabilis), and some snowberry (Symphoricarpos alba). This vegetative cover type extends east and west along the sides of the ravine, and along the north side of the ravine. The south end of the property was cleared during construction work for lots 8, 9, and 10 of the Tall Firs development. The clearing affected approximately 2,000sq_ft of the lot. The area of clearing corresponds to the area of the proposed home on the lot. Honey Creek Honey Creek flows from east to west within the base of the ravine, across the north side of the property. Where it passes the subject property and for a distance to the east and west, the creek has been designated on the City of Renton Water Class Map as a Class 3 Water. The standard buffer assigned to Class 3 Waters is 75 feet. Where there is a steep slope adjacent to the stream, the stream buffer extends to the top of the steep slope. For this property, the steep slope emends to close to the NE 17'h Street right-of-way. There is very little of the property which is outside of the steep slope and the stream buffer. Where it passes the subject property, Honey Creek is perennial stream. )At the time of our site visit on August 1, 2005, the depth of water within the channel was abkn" to 3"_ The creek bed is generally composed of cobbles and gravels with some smaller areas of sand. For most of its length adjacent to the subject property, the stream channel is Eft to 8ft in width It appears that construction of the sanitary sewer main through the base of the ravine originally went through parts of the stream bed. Construction of the gravel roadway along the creek involved some grading and fill which extends along the north side of the creels. There is dense shrub cover along the creek with sahnonberry (Rubus spectabilis), vine maple (Acer circinatum), willows (Salix spp.), and Himalayan blackberry as the predominant shrub species Proposed Development It is proposed to construct a new single-family residence on the southern end of the property near NE 17t' Place. `1 e, section of the property below the house and within the 75ft stream buffer will be left undeveloped and will be designated as an NGPE to serve as buffer and wildlife habitat adjacent to Honey Creels. The extent of clearing for construction of the new house and the extent of area to be included in the NGPE will be similar to that completed on Lots 8, 9, and 10. No new clearing on Lot 11, beyond that completed during previous work for Lots 8, 9, and 10 will be required for new construction on Lot 11. Project No. 80305 Page No. 2 Mr_ Scott Cameron March 18, 2008 `Sanitary sewer service to the home will be provided by connection to the sanitary sewer line in NE 17`h Place. Roof drains and runoff from driveways will be directed into the storm drainage system. This drain flows into the recently constructed drain line extending down the slope between lots 9 and 10 of the Tali Firs development The house is being designed as a daylight basement rambler style home similar to the ones completed on Lots 8, 9, and 10. Impacts to the slope and stream buffer are being minimized by moving the homes as far to the south, away from the stream, as possible. The area available to construct a new home on the existing lot is limited by to pmvide a setback from NE 17`h Plac-- and by re ui-r-amens to maintain a buflir bebweem nevv construction and Honey Creels. Impacts to the stream and buffer are being avoided to the extent possible by application for a variance to allow locating the homes closer to the road and further away from Honey Creels. A variance to reduce the front yard setback is being applied for to allow placing the homes closer to NE 17t` Place. With acceptance of the variance to reduce the setback from the street, impacts to the stream can be reduced to the minimum reslu=d to construct a new home on the existing building lot. There is no area outside of the steep slope and stream buffer on the previously platted residential building lot available for construction of a new home on the lot. Construction of the new home requires a variance to reduce the buffer width assigned for Honey Creek. Renton City Code 4-9-250B9 provides criteria by which a variance can be granted for a reduction in the stream buffer. This section of the code reads as follows: "Special Review Criteria - Single Family Residence on a Legal Lot with a Category 3 Wetland; or Single Family Residence on a Legal Lot with a Class 2, 3, or 4 StreamlLake: In lieu of the criteria shown in subsections B5 and B6 of this Section, a variance may be granted from any wetland or stream requirement in the critical areas regulations for a single family residence to be located on an existing legal lot if all of thefollawing criteria are met: a. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed five thousand (5,000) square feet, including access. Otherwise the alteration shall be reviewed as a Hearing Examiner variance and subject to the review criteria of subsection B6 of this Section; b. Access is located so as to have the least impact on the wetland and/or streamflake and its buffer, c. The proposal preserves the functions and values of the wetlands and/or streamllakeInparian habitat to the maximum extent possible; d. The proposal includes on -site mitigation to the maximum extent possible; e. Ae proposal first develops noncritical area, then the critical area buffer, before the critical area itself is developed; f. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; g. The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelopable condition after the effective date of this Section; and h_ The proposed variance is based on consideration of the best available science as described in WAC 365-195-905, or where there is an absence of valid scientific Project No. 80305 Page No, 3 Mr. Scott Cameron March 18, 2008 information, the steps in RMC 4-9-25OF are followed (Ord. 4835, 3-27-2000; Amd. Ord, 4851, 8-7-2000) " criteria a The area of new impervious surface on the lot will be approximately 2,004sq.ft. This includes the proposed new residence and driveway to access the lot. Crete is b Access to the new home wdl be from NE 17'' Place. This access is on the south side of the proposed new home and is on the side away from Honey Creek and the buffer area to be maintained. Criteria c The proposed building foot print and area to W cleared is outside of the standard 75ft stream buffer. The area within the 75ft buffer will be set aside from development and the vegetative cover maintained. Criteria d There is no area outside of the building footprint available for mitigation. Any areas outside of the building footprint disturbed during construction will be restored with native plant materials. Criteria e There is no area within the existing lot which is outside of the defined stream buffer when the buffer is extended beyond 75ft to include the extent of the steep slope. The proposed development is limited to the area adjacent to the existing road and away from the creek. Criteria f There are no threatened or endangered species winch will be affected by the proposed development. Criteria g Lot 11 is an existing lot. It was platted prior to adoption of regulations assigning a protective for Honey Creek. Criteria h. The requested variance involves a reduction in the buffer width assigned for Honey Creek. The standard buffer assigned to Class 3 Waters is 75 feet. Where there is a steep slope adjacent to the strearn, the stream buffer extends to the top of the steep slope. The variance being requested involves a relaxation of the requirement that the stream buffer shall be extended beyond the standard 75ft width to include the extent of the steep slope. The standard 75ft buffer is being maintained for new construction on Lot I The Science of Wetland Buffers and Its Implications for the Management of Wetlands, McKllan 2000, provides a discussion of approaches for evaluating buffers with respect to best available science. The discussion which follows is based on that approach- While the McMillan report addresses wetland buffers, the discussion applies more broadly to buffers around aquatic resources in general. Buffer$ are defined as a barrier or treatment zone intended to be established and maintained to protect the character and function of aquatic resources. Buffers are effective in protection for the aquatic resource fiurctions related to hydrological functions affecting Water Quantity, hydrologic functions affecting Water Quality, and functions related to maintaining Wildlife Habitat. Buffers act as an an integral unit of the aquatic resource system in the urban environment in providing protection to the aquatic resource by providing what have been identified as "sunk" and "source" functions. They act to provide protection to the wetland in the form of generating a physical barrier between human activity and the wetland. Project No. 80305 Page No. 4 Mr_ Scott Cameron March 18, 2008 "Sink" functions are those that in effect, absorb impacts before reaching the aquatic resource. They serve to moderate water level fluctuations; they serve to mediate chemical and physical impacts to the aquatic resource from erosion, movement of sediments and pollutants into the aquatic resource; and to moderate temperatue in the aquatic resource. "Source" functions include the roles served to the aquatic system to support wildlife habitat, provide biotic input to the wetland system, and for their role in mediating effects of human disturbance to aquatic area associated wildlife. These "sink" and "source' functions are related to the vegetative cover on the buffer, the total area of buffer habitat included, the width of the buffer, surrounding topography, and the level of development within the surrounding urban landscape. Important functions related to the stream buffer associated with Honey Creels on Lot 11 are related to maintenance of water quality in the stream and to maintenance of wildlife habitat and biotic support to the aquatic habitat of the creek. Water quantity is less of an issue related to the buffer size and width. Water quantity and volume of run off to the stream is affected not so much by the extent of buffer being maintained, and more by the design of the storm water system. There is little conbtribution to flows within Honey Creek from the side slope on Lot 1 I. Surface runoff from the new construction will be collected in and directed into the storm drain line between Lots 9 and 10 to maintain surface flows to the creek. In the existing condtion on Lot 11 there is little if any untreated surface water run-off discharging from the lot toward Honey Creek. The side slope within the 75ft buffer width is well vegetated and in is stable. As such there is little potential for erosion. As designed, the propsed residence on the lot will cover the majority of the lot area outside of the area within the 75ft buffer which will be protected from new development. There will be little lawn and landscapihng around the house which would potentially be treated with fertilizers and herbicides and which would be a source of runoff to the creek. The buffer functions related to water quality will W The significant wildlife habitat function of the buffer associated with Honey Creek on Lot 11 is related to biotic support to the stream and protection of the stream habitat from disturbance. As related to the stream, the buffer provides an area of biological production which contributes food and nutrients to the aquatic habitat. The preserved buffer provides biological support by way of maintaining input of nutrients and organic matter into the Honey Creek aquatic system. No new clearing of trees and vegetation beyond that completed during construction of lots 8, 9, and 10 will be required. There will be no significant change in the vegetative coven and biological production directly adjacent to the creek which would affect the level of contribution of organic matter and nutrients to the aquatic system. An important element of the habitat function of the stream buffer is in providing shade to ameliorate water temperature effects on the stream habitat. With the height of the trees on the sideslope and limits on clearing within th 75ft buffer, the shading effect of the stream side vegetation and the trees on the slope will not be changed with the proposed construction of the new home on Lot 11, Project No. 80305 Page No. 5 Mr. Scott Cameron March 18, 2008 Impacts to the steam and buffer are being minimized to the extent possible by design of the new home to be supported on pilings as an alternative to excavating to establish foundation support_ Best management practices will be employed during construction to limit the area impacted by construction and limit the potential for erosion and disturbance outside of the designated building construction area. Construction of the new homes will be completed using best management practices to limit the buffer area to be temporarily disturbed during construction. Work on the slope will be seasonally limited to summer months —en £cars - Homy Creek am. at lower levels and soils are driest to limit the potential for erosion. All disturbed area outside of the areas designated for the building lots and within the stream buffer will be restored with plantings of native plant materials. Restoration will include measures to stabilize disturbed soil surfaces. The stream and the existing forested buffer areas on the property are relatively undisturbed. The stream and riparian vegetation along Honey Creels which had been disturbed for construction of the sanitary sewer line have become stabilized and there is well established vegetation along the creek. There is little opportunity to enhance the existing stream and buffer habitats on and adjacent to the proposed construction. We trust the information presented is sufficient for your current heeds, if you have any questions or require additional information, please call. Sincerely yours, ALDERP1W Garet P. Munger Encl.: Site Map - Figure 1 Project No. 80305 Page No. 6 n \ ` � III FIR � \ Q C KL 1 0 01 ry OS \ �`{ � \ I '\ driveway 1� APPROXIMATE SCALE 30 0 30 60 feet 1 A derNW SITE MAP Tall firs Lot 11 Renton, Washington Proj. No. 72207 Date Mar., 2008 Figure 1 CITY _�F IRENTON )� ),nis Law, Mayor February 5, 2008 Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator Darrin Sanford Pacific. Engineering Design, LLC . 15445 53`d Avenue S ##1.00 Seattle, WA 99188 Subject: Supplemental Stream Study Tall h'irs Lot 11 Variances City of Renton File LUA 07-107, V-A, V-A, V-A, ECF Dear Mr. Sanford: After preliminary review, the Environmental Review Committee has determined that additional information is needed for the development of Tali Firs Loti l; Specifically, the Committee requires additional.information about potential stream impacts is necessary. This is not considered secondary review of the initial stream study, but rather a supplemental. stream study. Enclosed with this letter is a copy of the.City°s Wetland/Stream Consultant.i-oster list, as well as a copy of the code requirementsfor a supplemental: stream study. In addition to what is required by code, the consultant should specifically address the following variance criteria from RMC 4-9- 250139 in order to prove that the building will not cause adverse environmental impact: a. The proposal is the minimum necessary to accommodate the building footprint and access. In no case, however, shall the impervious surface exceed five.thousand (5,000) square feet, including access. Otherwise the alteration shall be reviewed as a Hearing Examiner variance and subject to.the review criteria of subsection B6 of this Section. b. Access. is located so as to have the least impact on the wetland and/or stream/lake and its buffer. C. The proposal preserves the functions and values of the wetlands and/or stream/lake/riparian habitat to the maximum extent possible. d. The proposal includes on -site mitigation to the maximum extent possible. C. The proposal first develops non -critical area then the critical area buffer, before the critical area itself is developed. f. The proposed activities will "not jeopardize the continued existence of endangered, threatened, or sensitive species as listed by the Federal or State government. g. The inability to derive reasonable economic use of the property is not the result of actions segregating or dividing the property and creating the undevelopable condition after the effective date of this Section. h_ The proposed variance is based on considerations of the best available science as described in WAC 365-195-905, or where there is an absence of valid scientific information, the steps in RMC 4-9-25OF are followed. 1055 South Grady Way - Renton, Washington 98057 Th'K naru+r rnrrfainc Ci(1N rrxvrlivlmaiPrial- NW, oast consumer RENTON AHEAD OF THE CURVE r Tall Firs Lot 1 l Variances LUA07-107, V-A, V-A, V-A, E.CF Supplernental Stream Letter Page 2 of 2 Your project will be placed on hold pending receipt of this additional information. Once I receive the supplemental stream study, your project will be taken off hold and a meeting with the. Environmental Review Committee will be rescheduled. If you, or the consultants have any questions regarding what is required, please contact me at (425) 430-7270. cerely, Andrea Petz.el Associate Planner Enclosures CC! Scott Cameron, Sent Nose; LLC /-Owner/Applicant Linda Lynch, Emma Tu6ker,,Karert=W4,1,ter.1 Parties of Record Page 1 of l Andrea Petzel - well location "Tall Firs tical Area From: "Scott Riegel"<Scott,Riegel(i,)earthsolutionsii .eorrt7 To: <apetzelC,.ci.renton.%va.us> Date: 01/ 30/2008 1 1:55 AM Subject: well location Tall Firs Critical Area Andrea, The well location that I included in the response letter was near the corner of Kirkland Avenue Northeast and Northeast 141h Street. This is a little over'/d of a mile to the west of the subject site. Let me know if you need anything further. Thanks, Scott S. Riegel, L.G. Senior Project Geologist Earth Solutions NW Phone (425) 284-3300 FAX (425) 284-2855 Cell (206) 793-9044 This e-mail is intended for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the receiver of this e-mail is not the intended recipient or the employee or agent responsible for delivering the message to the intended receipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. fi le://C:DDocuments%20and%20SWin gslnweillLocal %20Setti ngslTetnp1GW } 0000 LHTM 01/30/2008 +� �. 6 rv�� Denis Law, Mayor January 17, 2008 Darrin Sanford Pacific Engineering Design, LLC 15445 53rd Avenue S #100 Seattle, WA 98188 CITY )F RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator Subject: Off —Hold Tall Firs Lot I 1 Variances City of Renton File LUA 07-107, V-A, V-A, V-A, ECF Dear Mr. Sanford: Thank you for submitting the additional requested secondary review of the geotechnical report. Your project has been taken off hold and the City will continue review. The project has been rescheduled for the Environmental Review Committee February 4, 2008. Sincerely, i' Andrea Petzel Associate Planner cc: City of Renton File LUA 07-107 Scott Cameron, Bent Nose, LLC _ Owner Linda Lynch — POR Emma Tucker — POR Karen Walter; Muckleshoot Fisheries - POR 1055 South Grady.Way - Renton, Washington 98057. R E lr T o N AHEAD OF THE CURVE - . 0 This pap ercontains5Q%recycledma6erial,30hpostci7nsumer _ - . January 15, 2008 ES-0999.01 Bent Nose, LLC 1215 - 1200' Avenue Northeast, Suite 110 Bellevue, Washington 98005 Attention: Mr. Wes Falkenborg Subject: Geotechnical Addendum Response to City of Renton Independent Review Comments Tall Firs Lot No. 11 Dated December 12, 2007 Renton, Washington File No. 171 a5-001-00 Reference: Earth Solutions NW Geotechnical Engineering Study ES-0999, dated September 10, 2007 Dear Mr. Falkenborg: L h ons C Earth Solutions NW PLC • Ceotechnical Engineering • Construction Monitoring • Environmental Sciences JA N In accordance with your request, Earth Solutions NW (ESNW) has prepared this letter providing our response to pertinent city of City of Renton independent review comments detailed in the referenced correction notice. We provide the pertinent comment followed by our response below. Comment 1 "Requirement 4 stipulates that the report identify the presence of any public or private well within one -quarter mile of the site." ESNW Response ESNW conducted a review of the Department of Ecology online water well database. Based on this review, no public wells are located within one -quarter mile of the site. One private water well was identified, located at 19029 - 152nd Avenue Southeast. The well was drilled on January 1, 1972 to a depth of 20 feet below existing grade. 2881 152nd Avenue NE 0 Redmond, WA 98052 ► (425) 284-3300 41 FAX (425) 284-2855 • Toll Free M66) 336.8710 Bent Nose Construction ES-0999.09 January 15 2008 Page 2 Comment 2 "Requirement 8 stipulates that the report provide a slope stability analysis." ESNW Response With respect to existing slope stability, the soils underlying the slope consist primarily of a thin layer of fill over relatively firm, granular native soils. Soil relative density increased with depth. The slope gradient generally exceeds 40 percent. No groundwater was observed at our test locations, at the time of our fieldwork (August 2007). In our opinion, the existing slope is stable with respect to deep-seated rotational failure. A layer of silt was observed at the base of boring location B-1 at the time of our fieldwork (August 2007). However, there were no signs of movement observed at this contact. The most common mode of failure on slopes such as those on the subject site is typically relatively shallow debris -type in nature. This phenomenon occurs when weathered native soil or fill becomes saturated and loses shear strength. Left in its current configuration, in our opinion the most common form of instability on this slope would be related to erosion. Due to the relatively loose condition of the existing, near surface soils and granular nature of the material, erosion from surface water would be expected across much of the sloped area of the property. We trust this addendum meets your current needs. If you information is required, please call. Sincerely, EARTH SOLUTIONS NW, LLC S, ie _ nior Proj Geolo ist ) Cc: Pacific Engineering Design, LLC Attention: Ms. Jayna Paradise questions, or if additional Kyle R. Campbell, P.E. Principal Cl'y{fig i5' JAN 5 2008 . Earth Solutions NVV, U.0 December 12, 2007 Bent Nose LLC 1215 -- 120th Avenue NE, Suite 120 Bellevue, Washington 98005 Attention: Scott Cameron Subject: Summary of Independent Review Geotechnical Report for Tall Firs Lot No. 11 Renton, Washington File No. 17155-001-00 INTRODUCTION i�1:0F N GIN[-.I-ViS JaIV RECE1�> This letter summarizes the results of our independent peer review of the geotechnical report prepared for development of the single family residence on the existing Lot No. I 1 at the Tall Firs subdivision in Renton, Washington. This review is completed at your request and in accordance with the terms of the Services Agreement between our firms executed on November 8, 2007. We understand that this independent peer review was requested by the City of Renton as part of their planning review of this proposed development. Our review is intended to evaluate the feasibility of the land use, completeness of the geotechnical and geological information, and compliance of the project information with Renton Municipal Code (RMC) as it pertains to geotechnical and geologically critical areas considerations. This review is completed in general accordance with subsection RMC 4-3-050F7 of the Renton Municipal Code. REVIEW COMMENTS SITE LOCATION AND TOPOGRAPHY Lot 11 of the Tall Firs plat is located at 35xx NE 17'h Place in Renton. The property consists of Parcel No. 3449500055. The site is located on the south flank of the Honey Creek ravine. Topography at the site slopes down from NE 17'h Place to the northeast at inclinations that exceed 40 percent. EaiNl Science +Tec1111o1agy 8410 1541tr Avenue NE ialephwvt 425.881.60p0 Re Ahtawd, WA 98052 iacsiraii€ 425.80.8058 —h'11- www.geoenkNloefs.com Bent Nose LLC December 12, 2007 Page 2 GEOLOGIC SETTING The geologic map of King County (Booth and Wisher, 2006) indicates that the soils within the Honey Creek ravine consist of Advance Outwash (Qva) and that the soils to the south of the ravine consist of glacial till (Qvt). Advance outwash is a very dense mixture of sand, silty sand and gravel. Till is a very dense mixture of silt, sand, gravel and cobbles. CRITICAL AREAS City of Renton critical areas maps are presented in RMC 4-3-050Q. These maps indicate that the site has delineations of a high erosion hazard (EH), a high landslide hazard (LH) and a steep slope (40+%) area. GEOTECHNICAL REPORT The geotechnical report that we were provided for review was prepared by Earth Solutions NW, LLC (ESNW) and is dated September 10, 2007. The report describes site conditions and soil stratigraphy observed in two borings completed at the site. The report presents the conclusion that the project is feasible and presents geotechnical recommendations for design of the site improvements, earthwork and drainage. The report discusses geologic hazards and identifies the presence of the high erosion hazard (EH), high landslide hazard (LH) and steep slope (40+%) area at the site. These critical areas are evaluated and ESNW presents opinions regarding the possible impacts of each of these hazards on the development, recommendations for mitigation of the possible impacts, and conclusions that the proposed development will not adversely affect the subject site or adjacent properties. CONCLUSIONS AND COMMENTS On the basis of our review of the available information, the high erosion hazard (EH), high landslide hazard (LH) and steep slope (40+%) critical area delineations are appropriate for this site. In our opinion, the proposed development at this site is feasible from an engineering standpoint. The proposed development is also allowable within the criteria of RMC critical areas regulations. The ESNW geotechnical report presents geotechnical recommendations for design of the site improvements, earthwork and drainage. We take no exception to these recommendations. We evaluated the ESNW geotechnical report for consistence with the criteria of RMC 4-8-120137, Table 18 — Geotechnical Report — Detailed Requirements. On the basis of our review, we conclude that the ESNW report is consistent with all of the requirements for reports for sites with erosion hazard, high landslide hazard and steep slope areas, with the following exceptions: • Requirement 4 stipulates that the report identify the presence of any public or private well within one -quarter mile of the site. This information was not provided. Requirement 8 stipulates that the report provide a slope stability analysis. The report presents statements that the project will not adversely impact existing slope stability; however, the existing slope stability is not discussed or analyzed. We recommend that the ESNW geotechnical information be supplemented to address these two requirements. file No. 17155-001-00 GEOI_NGINEER', Bent hose :LJ-C December 1?. 2007 Pale " If you have any questions concerning the inforniation presented in this lcaer, please contact us- Yours very truly. GeoEntineers. Inc. f'7 . Thomas A. Tobin, PE Principal t A I :a a Rcdnt'.tiiJ Iina<s'•I"!j��13Jfl.K) t_.t dos Two copies submitted < I L t2. 07 Lh�lti�v i/�G.?if A cc: Darrin Sanford Pacific Engineering Design 15,445 — 53rd Avenue South, Suite 100 Kenton. Washington 98055 Disclaimer: An} cloc•irunie E{imi, facsisttile or hard copy of the original document (email, text. table• anct'(sr figure), ifprovided, and an: attachme ., are only a corn- of the original document. Ttrc original dcxeimcni is siimd by GeoEngineers, Inc. anti wilt se;ve as the official document arrcccrd f'ilt;Vr,. f?l ij'fiDl-0!? GEOENGtNEEiiS City of ..e. iton Department of Planning / Building / Public v � orks ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ,jP){? v`et,,) COMMENTS DUE: OCTOBER 18, 2007 APPLICATION NO: LUA07-107, V-A, V-A, V-A, ECF DATE CIRCULATED: OCTOBER 4, 2007 APPLICANT: Scott Cameron - Bent Nose, LLC PROJECT MANAGER: Andrea Petzel PROJECT TITLE: Tali Firs Lot 11 Variances PLAN REVIEW: Mike Dotson r!'..Y,Dr kcN,` ` REGEIVED SITE AREA: 0.23 acres BUILDING AREA (gross): N/A LOCATION: 3500 Block of NE 17th Place WORK ORDER NO: 77814 207 SUMMARY OF PROPOSAL: Application for Environmental Review and three administrative variances 0Ut1EDd WrbWt&C"ingle- family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream, Tin order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shcrafine Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS lg,- 'r"� - Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Culf iral Preservation Airport Environment 10,000 Feet 14, 000 Feet We have reviewed �s application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where a Tonal in onnation is needed to properly assess this proposal. /o - / 7 a % Signature of Director or Authorized Representative Date City of. _iton Department of Planning / Building / Public .. arks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: F-7 j r-(, COMMENTS DUE: OCTOBER f8,200.._..- APPLICATION NO: LUA07-107, V-A, V-A, V-A, ECF DATE CIRCULATED: OCTOBER 4,,2 07 APPLICANT: Scott Cameron - Bent Nose, LLC PROJECT MANAGER: Andrea . t ' —4 2007, PROJECT TITLE: Tall Firs Lot 11 Variances PLAN REVIEW: Mike Dotson SITE AREA: 0.23 acres BUILDING AREA (gross): NIA LOCATION: 3500 Block of NE 17`h Place WORK ORDER NO: 77814 - SUMMARY OF PROPOSAL: Application for Environmental Review and three administrative variances for development of a single- family home on Lot 11 of Tall Firs at Honey Creek, The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. Tln order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animais Environmental Health Energyl Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li htlGlare Recreation Utilities Trans oaation Public Services HistorirlCutturai Preservation Airport Environment 70,000 Feet 14.000 Feet We have reviewed this appfication with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. l4Cj, Signature of Director or Authorized Representative — loltl' , , Z Date City of . ton Department of Planning / Building / Public .. orks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:elmve�N SvcSvc& COMMENTS DUE: OCTOBER 18, 2007 APPLICATION NO: LUA07-107, V-A, V-A, -A, ECF DATE CIRCULATED: OCTOBER 4, 2007 RECWED APPLICANT: Scott Cameron - Bent Nose, LLC PROJECT MANAGER: Andrea Petzel PROJECT TITLE: Tall Firs Lot 11 Variances PLAN REVIEW: Mike Dotson SITE AREA: 0.23 acres BUILDING AREA Toss): N/A CITY OF RENTTON LOCATION: 3500 Block of NE 17" Place I WORK ORDER NO: 77814 LMLFFY SYSTEMS SUMMARY OF PROPOSAL: Application for Environmental Review and three administrative variances for development of a single- family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. Tln order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energyl Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COM ENTS 1 I Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Histonc/Cuttural Preservation Airport Environmenr 10.000 Feet 14,000 Feet We ave eviewed this application with particular att ntion to those areas in which we have expertise and have identified areas of probable impact or area additional i or atio need�d to prop y assess this proposal. Sign&cure of Director or A than d Rep a tative Date Page l of 2 Andrea Petzel - Re: Tall Firs Lot Y.- Variances, LUA07-107, V-A, V-.,, V-A, ECF, Notice of Application and Proposed Determ From: Andrea Petzel To: Walter, Karen Date: 10/24/2007 3:01 PM Subject: Re: Tali Firs Lot 11 Variances, LUA07-107, V-A, V-A, V-A, ECF, Notice of Application and Proposed Determ Karen, Thank you for your comments. They will be addressed and presented to the Environmental Review Committee. I put you comments in the public file and you are a party of record, I am aware that there are fish present up to that site, and for purposes of this development it is considered a Class 2 stream (based on comments from Larry Fisher). The project is currently on hold pending secondary review of their geotechnical report, so I haven't done an in-depth review of the project yet. You will be informed when the project comes off hold. As to the trees, I'll have to look into that. I've been out to the site several times over the past year and there are no trees in the building pad area, and the applicant doesn't have any plans to remove any more. Again, that will be reviewed when the project comes off hold. As always you're welcome to take a look at anything in the public file. It's on the 6th floor of Renton City Hall. If you have any other comments you'd like to make as part of the public record please let me know. Thanks, Andrea >>> "Karen Walter" <Karen.Walter@muckleshoot.nsn.us> 10/18/07 4:38 PM >>> Ms. Petzei, The Muckleshoot Indian Tribe Fisheries Division has reviewed the threshold determination and the environmental checklist for the above referenced project. We have a question about this proposal and a comment. 1. Since this site appears to be currently forested (based on the 2005 Aerial photo available on King County's [MAP program), what is the proposed mitigation for the removal of the trees that exist within 100 feet of Honey Creek that will be removed if this variance is granted? The loss of trees that would otherwise be available to recruit to Honey Creek and provide salmonid habitat should be viewed as a permanent impact that requires mitigation. Honey Creek currently has a lack of wood to provide habitat (discussed in both the May Creek and WRIA 8 Limiting Factors reports); therefore, any trees removed that would recruit to the channel should be viewed as an impact. Alternatively, is there an analysis of the number of trees, species type, their heights and diameters (at breast height) so that one could quantify the impact if this variance is granted? The response in the checklist to question 4 b in plants, fails to answer this question. 2. Also please note that the checklist may be incorrect with respect to salmon and trout that have been observed on or near the site or are known to be on or near the site. Coho have been found in Honey Creek http:l/dnr.metrokc...ggyiVVrias/8/fish-- €naps1co, ho/index.htm. Cutthroat trout are also found in Honey Creek http://dnr.metrokc goy/Wriasl8(fis, h m_apsfco_ho/index.htm. Coho and cutthroat trout may be within the area near the project site unless there is a natural barrier downstream. Since the checklist does not discuss salmonid use on or near the site there is no way to evaluate potential impacts to salmonids based on the response. We would appreciate any additional information that may be available to answer these questions and comment. Thank you very much, Karen Walter Watershed and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division file:IIC:1Documents%20and%20Settingslnweil\Local%20Scttings\Temp\GWI00001.HTM 10/24/2007 Y CITY OOF MENTON IN Kathy Keolker, Mayor October 18, 2007 Darrin Sanford Pacific Engineering Design, LLC 15445 53r`t Avenue S #100 Seattle, WA 98188 Planning/Building/PublieWorks Department Gregg Zimmerman P.E., Administrator Subject: Secondary Geotechnical Review - Tall Firs Lot 11 Variances City of Renton File LUA 07-107, V-A, V-A, V-A, ECF Darrin` The City has completed preliminary review of the Geotechnical Report by Earth Solutions NW, submitted as part of your application for Environmental Review. Secondary review of the report is required per RMC 4-3-050.F.7.b.i: b. Geologic Hazards.: Independent secondary review shall be conducted in , accordance with the following: i. Required - Sensitive and Protected Slopes, and Medium, High, or Very High Landslide Hazards: All geotechnical reports submitted in accordance with subsection J2 of this Section, Special Studies Required, and chapter 4=8 RMC, Permits - General and Appeals, shall be independently reviewed by qualified specialists selected by the City, at the applicant's expense. An applicant may request that independent review be waived by the Department Administrator in accordance with subsection 134b of this Section; Review Authority— Geologic Hazards, Habitat Conservation, Shorelines, Streams and Lakes, and Wetlands. Below is a list of 'Soils/Geotechnical specialists from. the City's 2007-08- approved consultant roster. It is your responsibility to contact one of the consultants from this list . to cond'uct secondary review of the Earth Solutions NW report, Five copies of the secondary review report should subsequently be submitted to the City for review. GeoEngincers 8410 154th Avenue NE Redmond, WA 98052 Phone: 425-861 �6000 Fax: 425-861-6050 www_ eoen inebrs..com Contact: Tom'Tobin Golder Associates, Inc. 18300 NE Union Hill Road, Suite 200 Redmond, WA 98052 Phone: 425-88370777 Fax: 425-882-5498 Contact: David Banton 1055 South Grady Way - Renton, Washington 98057 This paper contains 50% recyded mstem-4 309k post consumer RENTON AHEAD OF T14F. CURVE Tall )firs Lot 11 Variances LUA07-107, V-A, V-A, V-A, ECF Secondary Review Letter Page 2 of Kleinfelder, Inc. Landau Associates 2405 1.40th Avenue.NE, Suite A-101 130 2nd Avenue S Bellevue, WA 98005 Edmonds, WA 98020 Phone: 425-562-4200 Phone: 425-778-0907 Fax: 425-562-4201 Fax: 425-778-6409 www-kleinfelder:com www.landauinc.coni Contact: David Cotton As of the date of this letter your project will be placed on hold and the Environmental Review Committee meeting originally slated for October 29, 2007 will be rescheduled: pending receipt of the secondary review report. Please contact me at.(425) 430-7270 if you have any questions. Sincerely, - Andrea Petrel Associate Planner cc: City of Renton Film. LUA 07;-107 City o; ton Department of Planning / Building / Pul 'arks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: OCTOBER 18, 2007 APPLICATION NO: LUA07-107, V-A, V-A, V-A, ECF DATE CIRCULATED: OC APPLICANT: Scott Cameron - Bent Nose, LLC PROJECT MANAG Andrea Petzel PROJECT TITLE: Tall Firs Lot 11 Variances PLAN REVIEW: Mike SITE AREA: 0.23 acres BUILDING AREA ross : N/A LOCATION: 3500 Block of NE 171h Place WORK ORDER NO: 77814 SUMMARY OF PROPOSAL: Application for Environmental Review and three administrative variances for development of a single- family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone, The site has critical shapes and abuts Honey Creek, a Class 2 stream. Tln order to build the single-family home, three adminstrative variances are requested: a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Light/Glare Recreation Utifities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal Signature of Director or Authorized Representative Date City o ton Department of Planning / Building / Pul 'orks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET "r1 REVIEWING DEPARTMENT: PCILYU COMMENTS DUE: OCTOBER 18, 2007 O rr APPLICATION NO: LUA07-107, V-A, V-A, V-A, ECF DATE CIRCULATED: OCTOBER 4, 2007 APPLICANT: Scott Cameron - Bent Nose, LLC PROJECT MANAGER: Andrea Petzel CTt PROJECT TITLE: Tall Firs Lot 11 Variances PLAN REVIEW: Mike Dotson a C7 � 6 SITE AREA: 0.23 acres BUILDING AREA (gross): NIA m LOCATION: 3500 Block of NE 171h Place I WORK ORDER NO: 77814 SUMMARY OF PROPOSAL: Application for Environmental Review and three administrative variances for development of a single- family home on Lot 11 of Tall Firs at Honey Creek, The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. Tln order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor impacts Probable Manor Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energyl Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Housing Aesthetics Li hf/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14.000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional in for Wation is needed to properly assess this proposal. Signature of Director or Authorized Representative — f (J C J Date City o don Department of Planning / Building / Pu, ?orks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Kl COMMENTS DUE: OCTOBER 18, 2007 APPLICATION NO, LUA07-107, V-A, V-A, V-A, ECF DATE CIRCULATED: OCTOBER 4, 2007 if' ' APPLICANT: Scott Cameron - Bent Nose, LLC 4-1 LJ PROJECT MANAGER: Andrea Petzel F PROJECT TITLE: Tall Firs Lot 11 Variances PLAN REVIEW: Mike Dotson uCT SITE AREA: 0.23 acres BUILDING AREA (gross): N/A LOCATION: 3500 Block of NE 17`h Place � WORK ORDER NO: 77814 SUMMARY OF PROPOSAL: Application for Environmental Review and three administrative variances for development of a single- family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. Tln order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary .Earth Air Water Plants Land/Shoreline Use Aoirnals Environmental Health Energy/ Natural Resources B. POLICY-RELA TED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Trans ortaticn Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where ad.cA' ional nformation is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City 01 ton Department of Planning / Building / Pub 'orks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: OCTOBER 18, 2007 APPLICATION N0: LUA07-107, V-A, V-A, V-A, ECF DATE CIRCULATED: OCTOBER 4, 2007 APPLICANT: Scott Cameron - Bent Nose, LLC PROJECT MANAGER: Andrea Petzel PROJECT TITLE: Tall Firs Lot 11 Variances PLAN REVIEW: Mike Dotson - SITE AREA: 0.23 acres BUILDING AREA (gross): N/A OCT 0 4 LOCATION: 3500 Block of NE 17tr' Place I WORK ORDER NO: 77814 D! M r7inir. ru�lti.�ru SUMMARY OF PROPOSAL: Application for Environmental Review and three administrative variances for development of a single- family home on Lot 11 of Tall Firs at Honey Creek. The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. Tln order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. A. ENVIRONMENTAL. IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animais Environmental Health Energyl Natural Resources S. POLICY-RELA TED COMMENTS /4/L''L C. CODE -RELATED COMMENTS A/e/ve Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Housin Aesthetics Light/Glare Recreation Utilities Transportation Public Services HistorWCuitural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particalar attention to those areas in which we have expertise and have identified areas of probable impact or areas w re additional information is needed to properly assess this proposal. ti / �a 7 of Diregoir or Authorized Representati Date CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 4N day of October, 2007, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Letter, NOA, Environmental Checklist, & PMT's documents. This information was sent to: Name Representing Agencies See Attached Darrin Sanford, Pacific Engineering Design, LLC Contact Scott Cameron, Bent Nose, LLC Owner/Applicant Surrounding Property Owners See Attached (Signature of Send STATE OF WASHINGTON } } SS COUNTY OF KING } I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary aqtk%%Hses and .�°� LYI/ �► I purposes mentioned in the instrument. Dated: I D ~IS,10 Notary Public in and Notary (Print): ennhcr My appointment expires: a -A-to Project Name: Tall First Lot 11 Variances Project Number: LUA07-107, V-A, V-A, V-A, ECF e�;ato`bf Wu ingfv§7- f template - affidavit of service by mailing AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology * WDFW - Stewart Reinbold * Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section c/o Department of Ecology Attn: Karen Walter or SEPA Reviewer PO Box 47703 3190 160th Ave SE 39015 — 172rd Avenue SE Olympia, WA 98504-7703 Bellevue, WA 98008 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS-240 Seattle, WA 98106-1514 39015 172"d Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Seattle District Office Environmental Planning Supervisor Preservation* Attn: SEPA Reviewer Ms. Shirley Marroquin Attn: Stephanie Kramer PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 PO Box 48343 Seattle, WA 98124 Seattle, WA 98104-3855 Olympia, WA 98504-8343 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Mr. Micheal E. Nicholson Attn: Mr. Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 SE 72Id Place 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liason Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6300 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01 W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities State Department of Ecology Real Estate Services NW Regional Office Title Examiner 3190 1601h Avenue SE 700 Fifth Avenue, Suite 4900 Bellevue, WA 98008-5452 PO Box 34018 Seattle, WA 98124-4018 Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, PMT's, and the notice of application. * template - affidavit of service by mailing 07 -107 Sta.-c /jtiz(s � 01 14107 042305918908 ABRAHAMSON NORMANR 3408 NE 17TH ST RENTON WA 98055 042305903801 COPPER RIDGE INC 12708 195TH PL SE ISSAQUAH WA 98027 04230S904908 HAACK DONALD FRED+KATHY ANN 1899 PIERCE AVE NE RENTON WA 98056 042305909105 MEAKIN A L 7100 S TAFT ST SEATTLE WA 98178 042305909006 PRICE PROPERTY LLC 1201 MONSTER RD SW RENTON WA 98055 344950003501 BARDEN PHILIP A+GARDEN 3424 NE 17TH PL RENTON WA 98056 344950005506 ELAINE M BENT NOSE LLC 4 102ND AVE NE #201 BELLEVUE WA 98004 344950010001 EASTMAN ARTHUR E+WAUNETA M 3533 NE 17TH PL RENTON WA 98056 042305932305 GRIFFIN PHILIP R+JOYCE L 1885 PIERCE AVE NE RENTON WA 98056 042305905707 344950009003 HARRIS JOAN LAFORD PO BOX 1023 3501 NE 17TH PL MAPLE VALLEY WA 98038 RENTON WA 98056 344950008005 O'NEIL TOM P 1000 E SHELBY SEATTLE WA 98102 042305904007 RENFRO FRANCES #320 POB 28 DOUGLASS KS 67039 344950004004 344950010506 UNGEFUG HARRY H VAZQUEZ LUIS V+VIRGINIA+JOR 3430 NE 17TH PL 3425 NE 17TH ST RENTON WA 98056 RENTON WA 98056 344950009508 PHAN QUYEN+DUC VAN TRAN PO BOX 3357 RENTON WA 98055 344950008500 TUCKER C L 3433 NE 17TH PL RENTON WA 98056 NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS-M) DATE: October 4, 2007 LAND USE NUMBER: LUA07-i W. VA. V-A, V-A, ECE PROJECT NAME: Tall Fes Lot 1" Variances PROJECT DESCRIPTION: Application for Environmental Review and three adminlstrat.Ve variances for devalnpment of a single- amily hume on Lot 11 of Tall firs at Honey Creek. The protect site is located in the R-3 Zone. The site has critical slopes and abuts Honey Greek, a Class 2 stream Tln order to build the sirgle-fami.y home, three adminstrative variances are requested, a rebucetl front yard seti. budding on a critical slope, and a reouction in the stream buffer There are no wetlands onsile PROJECT LOCATION: 3500 Block of HE 17' Place OPTIONAL DETERMINATION OF NON SIGNIFICANCE, MITIGATED {DNS -MI: As the Lead Agency, the City of Renton has determined that significant envuonmentai Impacts a'e unlikely to result from the proposed project Therefore, as permitted under the RCW 4321 C.' 1), the City cf Renton is using the Optional DNS-M process to give notice that a DNS- V is likely to be issued. Comment pa•iods for the project and the proposed DNS-M are integrated fnto a single comment period. There will be to comment period fallowing the issuance of the Threshold Ueterminalion or Non-S,gniftcance- Maigaled IDNS-i A 14-day appeal period will follow the issuance of lh2 DNS-M- PERMIT APPLICATION DATE: September 21, 2007 NOTICE OF COMPLETE APPLICATION: October 4, 20-57 APPLICANTIPROJECT CONTACT PERSON: Darrin Sanford, Pacific Engineering Design; Tel: (206) 431-791 Eni dsanford@paceng.com PermitslReview Requested: Environmental jSEPA) Review, Administrative Vanance Approval i1 Variances are required} Other Permits which may be required: Requested Studies: Location where application may be reviewed: PUBLIC HEARING: CONSISTENCY OVERVIEW: ZoninglLand Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: I, R''(1, hereby certify that copies of the above document were posted by rie in conspicuous places or nearby the�described property n DATE: `� SIGNED: r sty-tri�{ ATTEST: Subscribed and sworn before me, a Notary Public, in and for the State of Washington residiAv ris" on the me day of _0o NOTARY PU LIC �{!,f �fjl''i<lI ter`'';•�°'�� Building Permit Geotechnical Report and Stream Study PlanninglBu ldfnglPublic Works Department, Development Service Division, Sixth Floor Renton City 11055 South Grady Way, Renton, WA s0057 NiA The subject site is designated Residental Single Family IRSFI on the City of Renton Comprehensive land Use Map al:d Residential - 8 IR-5) on the City's Zoning Map - Environmental {SEPA) Checklist, Stream Study, Geotechnical Hill Proposed Mitigation Measures: The toiio:ving M.liyaboa MeasJres w, I likely us inposec on the prop—d pi-cjecl. Ill recommended Mitigation Measure' eodresn project impacts no: —.red! by -istna codes 310 r gOafilns as bted above. The appkcarl wd+ be reGoveb!0 pay the aj>rompriafe 'i /;.+nsgorlelion Merna!ron Fee; the appicanf wX be fe7u"ed lu fM/ !.he eop,'np'Vale 1 ;— MlfVgarien Fee. and Con-menls on the above app,lca6or :nest he subri in writog to Andrea Pel¢el. Associate Fanner, IEl—&pn-.enl Services Divisor, 10e5 Soutn Grady 'Nay. Reston, VL'A 98057. by 500 PM an Cclaber ', 8, 200,. If you have questions about tnis proposal. or wish to he mace a pally of record and receive addit:cnal notilicabon by mad, contact the Project Manager. Anyone who suo-15 written onmrnerts will automatically teceme a pally of record and will to no^i8ed of any decision on this project. CONTACT PERSON: Andrea Petrel, Associate Plattner; Tel: (425) 430-7270; Er l: apetzel(?Pci.renton.wa.us PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICRTION Tne project will be scbjecl to the City's SEPA ordinance, Critical Areas If you would like to he made a party of record to receive further information on this proposed project, complete Regulations, R-8 Development Standards and other applicable codes this form and return to: City of Renton, Development Planning. 1055 So. Grady Way, Renton, WA 98057. and regulalions as appropriale, Name/File No.: Tall Firs Lot 11 Varl3noesll-UA07-107, V-A, V-AV-A. ECF NAME. MAILING ADDRESS: TELEPHONE NO CERTIFICATION Y NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NOWSIGNIFICANCE-MITIGATED (DNS-M) DATE: LAND USE NUMBER: PROJECT NAME: October 4, 2007 LUA07-107, V-A, V-A, V-A, ECF Tall Firs Lot 11 Variances PROJECT DESCRIPTION: Application for Environmental Review and three administrative variances for development of a single-family home on Lot 11 of Tall Firs at Honey Creek" The project site is located in the R-8 Zone. The site has critical slopes and abuts Honey Creek, a Class 2 stream. Tin order to build the single-family home, three adminstrative variances are requested; a reduced front yard setback, building on a critical slope, and a reduction in the stream buffer. There are no wetlands onsite. PROJECT LOCATION: 3500 Block of NE 17" Place 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"21C"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 Nan-Signifcance- Mitigated (DNS-M). A 14-day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: September 21, 2007 NOTICE OF COMPLETE APPLICATION: October 4, 2007 APPLICANTIPROJECT CONTACT PERSON: Darrin Sanford, Pacific Engineering Design; Tel: (206) 431-7970; Eml: dsanford@paceng.com Permits/Review Requested: Environmental (SEPA) Review, Administrative Variance Approval (3 Variances are required) Other Permits which may be required: Building Permit Requested Studies: Geotechnical Report and Stream Study Location where application may be reviewed: Planning/Building/Public Works Department, Development Service Division, Sixth Floor Renton City Hall, 1056 South Grady Way, Renton, WA 98057 PUBLIC HEARING: NIA ZoninglLand Use: The subject site is designated Residential Single Family (RSF) on the City of Renton Comprehensive Land Use Map and Residential - 8 (R-8) on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist, Stream Study, Geotechnical Report Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, Critical Areas Regulations, R-8 Development Standards 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 will be required to pay the appropriate Transportation Mitigation Fee; ■ The applicant will be required to pay the appropriate Fire Mitigation Fee; and Comments on the above application must be submitted in ;writing to Andrea Petzel, Associate Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on October 18, 2007. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Andrea Petzel, Associate Planner; Tel: (425) 430-7270; Eml: apetzel@ci.renton.wa.us PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: Tall Firs Lot 11 VariancesiLUA07-107, V-A, V-A, V-A, ECF NAME: MAILING ADDRESS: TELEPHONE NO.: Kathy Keolker, Mayor October 4, 2007 Darrin Sanford Pacific Engineering Design; LLC 15445 53rd Avenue S #100 Seattle, WA 98188 Subject: Tall Firs Lot 11 Variances LUA07-107, V-A, V-A, V-A, ECF Dear Mr. Sanford: CIT- OF RENTON Planning/Building/PublicWorlcs Department Gregg Zimmerman P.E., Administrator The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on October 29, 2007. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7270 if you have any questions. Sincerely, l � Andrea Petzel Associate Planner cc: Scott Cameron -Bent Nose,. LLC / Owner 1055 South Grady Way - Renton, Washington 98057 This papercontains 50% recyded material, 30% post consumer RENTON AHEAD OF THE CURVE cd- _, City of Renton Vcl TY OPMEW P�NNlNr LANDUSE PERMIT ��'SEP z z� MASTER APPLICATION pECErvEo PROPERTY OWNER(S) NAME: Scott Cameron, Bent Nose, LLC ADDRESS: 1215 120`h Avenue NE, Suite 110 CITY. Bellevue ZIP: 98004 TELEPHONE 425-453-9995 NUMBER: APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER CONTACT PERSON NAME: Darrin Sanford COMPANY (if applicable): Pacific Engineering Design LLC ADDRESS: 15445 53' Avenue S, Suite 100 CITY: Seattle ZIP: 98188 TELEPHONE NUMBER AND E-MAIL ADDRESS: 206-431- 7970 I dsanford@paceng.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME:.Tall Firs at Honey Creek Lot 11 PROJECTIADDRESS(S)/LOCATION AND ZIP CODE: Near the 3500 block of NE 17th Place. It is a pre- existing legal lot (Lot 11) of the Tall Firs at Honey Creek Project (LUA05-164) KING COUNTY ASSESSOR'S ACCOUNT NU MBER(S ):3449500055 EXISTING LAND USE(S): Single Family Residential PROPOSED LAND USE(S):Single Family Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Single Family (RSF) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): Residential Single Family (RSF) EXISTING ZONING: R-8 PROPOSED ZONING (if applicable): R-8 SITE AREA (in square feet): Approximately 10,133 sf 1.23 acres SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: NIA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NIA NUMBER OF PROPOSED LOTS (if applicable): One (1) Existing Lot Q;wcb/pw/devserv/forms/planning/masterapp.doc t 09/0$/07 P- IJECT INFOR NUMBER OF NEW DWELLING UNITS (if applicable): 1 NUMBER OF EXISTING DWELLING UNITS (if applicable): NIA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): Approximately 2,000 sf SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA PROJECT VALUE: Approximately $600,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO u FLOOD HAZARD AREA sq. ft. C] X GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ X SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. .MATION (con jed) Q: web/pw/devserv/forms/planning/mastempp.doc 2 09/08/07 NET FLOOR AREA OF NON-RESIDENTI UILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA PROJECT VALUE: Approximately $600,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL A, PLEASE INCLUDE SQUARE FOOTAGE (if applica ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ X GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. Ll X SHORELINE STRE & LAKES sq_ ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN A PORTION OF THE SW'/ of the SE'/4 OF SECTION 4, TOWNSHIP 23N, RANGE 5E, IN THE C OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 3. Front Yard Setback Variance E 1. Environmental Review 4. k'vt i!z �� s rk'rrat =Lim 2. Steep Slope Variance i� Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Namels) r-rrtG'C''� , declare that I am (please check one) '� the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief - I certify that I know or have satisfactory evidence that S( c f { j-- (-j +- p r� Sig this instrument and acknowledged it to be his/her/their free and voluntary act for the uses an[ purposes mentioned in the instrument. & - (Signature of OwnerlRepresentative) (Signature of Owner/Representative) Notary (Print) My appointment expires: `3 t X�` ) , (% DEVELOPMENT SERVICES DIViSIG WAS Ei-, OF SUEMITT L REQUIkEMENTS FOR LAND USE APPLICATION' ,onstruction Mitigation Description 2AND 4 )ensity Worksheet 4 )rainage Report z nvironmental Checklist 4 .xisting Easements (Recorded Copy) 4 1 I 1 I 1ta0r Plans s AND 4 ,/,rading Plan, Conceptual z abitat Data Report 4 :r,dscape Plan, Conceptual ;gal Description 4 ailing Labels for Property Owners 4 1 1 1 1 aster Application 1=orrri 4 :ighbcrhood Detail Map a is requirement may be waived by: � ! i f r j Property Services Section PROJECT NAME: ��I �� I fJ!_�J< Public Works Plan Review Section Building Section DATE- 2q A) s� Development Planning Section DEV IOE PLANNING RPLAN SEP 2 12007 Q:IWE31PMDEVSERV1FormslPlanninglwaivercfsubmittalregs_g-O6.xis RECEIVED EVELOPMENT SERVICES DIVISION WAIVER �F SUBMITTAL REQUIRE,v.ENTS FOR LAND USE APPLICATIONS 'arising, Lot Coverage & Landscaping Analysis 4 I 1 1 1 'fat Name Reservation 4 'reapplication Meeting Summary 4 J 1 1 1 I ehabilitation Plan 4 .ite Plan 2 ANb 4 tream or Lake Study, Supplemental 4 f 1 j i treet Profiles 2 opography Map 3 -ee Cutting/Land Clearing Plan 4 J 1 1 f filities Plan, Generalized 2 etlands Mitigation Plan, Prelfminary 4 1 J f 1 fireless: Applicant Agreement Statement 2AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND a Map of Existing Site Conditions 2 AND 3 Map of View Area 2ANE),3 Photosimulations ZANo3 is requirement may be waived by: r I Property Services Section PROJECT NAME: 1-ni-4 llM�2S Public Works Plan Review Section Building Section DATE:T C)- Development Planning Section j I f V6'iClftC� Q:IWEBIPMDEVSEZV1FormslPlanninglwaiverofsubmittairegs_9-06-xis 09106 ru PACIFIC ENGINEERING ❑E=IGN, LLC CIVIL ENGINEERING AND PLANNING CONSULTANTS September 21, 2007 DEtJ C! fy L OF Y EW Pt.ANN1NG REN,rp�! Ms. Andrea Petzel SEP Z 12007 City of Renton Development Services Division RECEIVED 1055 South Grady Way Renton, WA 98055 Sub_lect: Tall Firs at Honey Creek Lot 11 PF,D Project No.: 07019 Project Narrative for Variance Requests Dear Andrea: On behalf of our client, Bent Nose Development, LLC, we have prepared the following project narrative for Tall Firs at Honey Creek Lot 11. Project Description The proposal is to construct one (1) new single family home on the existing lot located in the 3500 block of NE 17"' Place, Renton; Parcel #344950-0055. The parcel has been vacant since the lot was created in 1958. The new residence will be constructed very close to the existing street frontage; the rear portion of the house will extend into the steep slope areas to the north and into the stream/creek buffer for Honey Creek. This proposal is similar to the layout of the adjacent properties, Tall Firs at Honey Creek Lots 8, 9 and 10, which were granted variances in 2006 and constructed recently. Similarly to the houses that were constructed on the adjacent lots, the house on. Lot 11 will be supported on pilings as an alternative to excavating to establish foundation support. This will minimize the disturbance of the soils and vegetation. Furthermore, the proposed residential structure will consist of two stories utilizing relatively lightly loaded wood framing supported on deep foundations. Due to the topographic relief across the site, the residential structure will utilize a stepped foundation and daylight basement construction. Reports Prepared for This Project Stream Evaluation Report and Geotechnical Engineering Report. Alder NW prepared a Stream Evaluation Report for this site. Copies of the Stream Evaluation Report, dated September 17, 2007 are included with submittal. Earth Solutions NW prepared a Geotechnical Engineering Study for this site. Copies of this report dated September 10, 2007 are also included with this submittal. www. paceng . com 15445 53RD AVENUE SOUTH, SUITE 100, SEATTLE, WA 981 88 FAX 206 385-1 B49 PHONE 425 251 -BeI 1 20B 431 -757❑ Ms. Andrea Petzei September 21, 2007 City of Renton Tall Firs at Honey Creek Lot I I Permits required Front Yard Setback Variance, Steep Slope Setback Variance, Stream/Creek Buffer Variance, and Environmental Review Approval. Zoning Designation The property is zoned Single Family Residential R-8. The surrounding area is zoned single-family residential and has single family homes which were built in the 1960's. Additionally, homes have recently been constructed on adjacent lots 8, 9 and 10. See the attached photograph for the house that was constructed on Lot 10 immediately adjacent to Lot 11. Current Use Vacant lot. Special Features Honey Creek, a class 3 stream. Soil Type/Drainage The site is underlain with sand and gravels. Please refer to the provided Geotechnical Engineering Study prepared by Earth Solutions NW, dated September 10, 2007. The proposed drainage for the new home is to provide foundation drainpipes (perforated) and a separate downspout line (solid) around the house. The yard areas will have drains installed and connected to the downspout lines. These separate lines (downspout and foundation) will be connected down slope of the house then conveyed independently to the existing area drain located on Lot 10 at the top of slope and in turn conveyed in the existing storm drain system discharging to Honey Creek. Variances Reauested: Critical Areas Variance to construct a house on steep slopes. A variance is requested per (RMC 4-9-250B1ciiia) to construct one single family home on the existing platted lot within the steep slope setback. For further information, please see the Justification for Steep Slope Variance letter prepared by Pacific Engineering Design LLC, dated September 21, 2007, and the Geotechnical Engineering Study prepared by Earth Solutions NW LLC, dated September 10, 2007. Critical Areas Variance to construct a house in steam/creek buffer. A variance is requested per (RMC 4-9-250B 1 ciiic) to construct one single family home on the existing platted lot within the stream/creek buffer. For further information, please see the Justification for Reduction to Stream Buffer Variance letter prepared by Pacific Engineering Design LLC, dated September 21, 2007 and the Stream Evaluation Report prepared by Alder NW, dated September 17, 2007. Front Yard Setback Variance. A variance is requested per (RMC 4-9-250B1ci) to construct a house on Lot 11 within the front yard setback. For further information, please see the Justification for Front Yard Setback letter prepared by Pacific Engineering Design Pacific Engineering Design LLC Page 2 of 3 P:1Project Files107019 Tall Firs Lot 111Variance(s) Request & Justification\Project Narrative for Variance Request.doc Ms. Andrea Petzel City of Renton September 21, 2007 Tall Firs at Honey Creek Lot I I LLC, dated September 21, 2007 and the Geotechnical Engineering Study prepared by Earth Solutions NW LLC:, dated September 10, 2007, Proposed Use Single Family Residence. Access Access to the project will be from a new driveway off of NE 17th Place. Total Estimated Cost/Fair Market Value Estimated cost $500,000; Market value (completed home) $600,000. Estimated cut and fill Quantities The proposed house will be supported on piles, and therefore will only generate minor amounts of material. Approximately 25 cubic yards of material will be moved on site to provide for the house foundation. It is anticipated that with only minor earthwork operations, material will remain on site. Tree Removal No additional clearing, grubbing or tree removal is anticipated for home construction on this site. Dedication to the City No dedication will be provided. Proposed size, number and range The existing lot is approximately 10,000 square feet. The proposed house is approximately 20% smaller than the houses that were constructed on Lots S, 9 and 10. A copy of the photograph for the house that was constructed on Lot 10 is included in the variance submittal Job shacks, sales trailers, and model home No proposal at this time. If you have any questions or concerns regarding this narrative or our variance requests, you may contact me at (206) 431-7970 or via email at dsan ford@pac eng. coin. Sincerely, Darrin Sanford Project Manager, Member cc: Scott Cameron/Bent Nose, LLC Pacific Engineering Design LLC Page 3 of 3 P:1Project Files107019 Tall Firs Lot 1 lWariance(s) Request & JustificationTroject Narrative for Variance Request.doc PACIFIC ENGINEERING ❑Ez.IGN, LLC CIVIL ENGINEERING AND PLANNING CONSULTANTS September 21, 2007 DEVELOPMENT PLANNING Ms. Andrea Petzel CITY OF RENT01q City of Renton SEP Z 12007 Development Services Division RECEIVED South Grady Way Renton, WA 98055 Subject: Tall Firs at Honey Creek Lot 11 PED Project No.: 07019 Justification for Steep Slopes Setback Variance Dear Andrea: On behalf of our client, Bent Nose Development, LLC, we respectfully request a variance to construct a house within a steep slope setback. Project Description The proposal is to construct one (1) new single family home on the existing lot located in the 3500 block of NE 171" Place, Renton; Parcel #344950-0055. The parcel has been vacant since the lot was created in 1958. The new residence will be constructed very close to the existing street frontage and the rear portion of the house will extend into the steep slope areas to the north and into the stream/creek buffer for Honey Creek. This proposal is similar to the layout of the adjacent properties, Tall Firs at Honey Creek Lots 8, 9 and 10, which were granted variances in 2006 and constructed recently, Similarly to the houses that were constructed on the adjacent lots, the house on Lot 11 will be supported on pilings as an alternative to excavating to establish foundation support. This will minimize the disturbance of the soils and vegetation. Furthermore, the proposed residential structure will consist of two stories utilizing relatively lightly loaded wood framing supported on deep foundations. Due to the topographic relief across the site, the residential structure will utilize a stepped foundation and daylight basement construction. Earth Solutions NW prepared a Geotechnical Engineering Study for this site. Copies of this report dated September 10, 2007 are included with this variance request. Excerpts from this study are provided below. Please refer to the Geotechnical Engineering Study in its entirety for further analysis. Variance Justification Critical Areas Variance to construct a house on steep slopes. A variance is requested per (RMC 4-9-250B1ciiic) to construct one single family home on the existing platted lot within the steep slope setback. The undue hardship is that there is not enough www. paceng. com 15445 53RD AVENUE SOUTH, SUF-E 100, SEATTLE, WA 5B1 B8 FAX 2O6 380-1 64B PHONE 425 251-881 1 2❑B 431-7870 Ms. Andrea Petzel September 21, 2007 City of Renton Tall Firs at Honey Creek Lot 1 1 developable area elsewhere on the site to accommodate a building pad and provide practical off-street parking without encroaching into the protected slope setback. Due to the geometry and the size of the subject site, it is not possible to locate the proposed single-family residence outside the protected slope area of the property. Furthermore, the Geotechnical Engineering Study indicates that the location of the home will likely improve overall slope stability. The Geotechnical Engineering Study states the following: "In our opinion, the subject property contains steep slope areas with gradients of 40 percent or greater. However, based on our understanding of the proposed project, construction of a single- family residence as illustrated on the conceptual site plan will not increase the potential for slope stability or erosion on the property or downslope. We understand the proposed residence will utilize a stepped foundation and pile support to reduce the grading and site modifications required to construct the new residence. Furthermore, in our opinion the new residence footprint and drainage elements will likely improve overall slope stability by protecting the slope surface from weathering and capturing and redirecting surface water or shallow seepage that may otherwise cause instability." The Geotechnical Engineering Study further states, "based on the results of our study and our understanding of the project, construction of the proposed single-family residence is feasible from a geotechnical standpoint... the proposed residential structure can be supported on drilled pier or pin pile foundations advanced at least ten feet into dense native soils encountered at depths of about 25 feet below existing grades." This will minimize disturbance to slopes and to the stream and the buffer. The granting of this variance will not constitute a grant of special privilege nor be materially detrimental to the public welfare as it will add a valuable home to the neighborhood, likely improve the overall slope stability and have no significant long term effect on the creek and the aquatic habitat within the stream corridor. If you have any questions or concerns regarding this request, you may contact me at (206) 431-7970 or via email at dsanford@paceng.com. Sincerely, �✓ tf���� l � r� �� Darrin Sanford Project Manager, Member cc: Scott Cameron/Bent Nose, LLC Pacific Engineering Design LLC Page 2 of 2 PAProject Files107019 Tall Firs Lot I I\Variance(s) Request & Justification\Steep Slope Setback Variance Justifcation.doc 1 PACIFIC .-NGINEERING DEIGN, LLC o CIVIL ENGINEERING AND PLANNING CONSULTANTS September 21, 2007 DEVFLOPv#FNT PLAlV�}I1�(G CITY p� 9EENTO Ms. Andrea Petzel SEP 1 12007 City of Renton ������ Development Services Division EL) 1055 South Grady Way Renton, WA 98055 Subject: Tall Firs at Honey Creek Lot 11 PED Project No.: 07019 Justification for Front Yard Setback Variance Dear Andrea: On behalf of our client, Bent Nose Development, LIX, we respectfully request a variance for the front yard setback for Tall Firs at Honey Creek Lot 11. Proiect Description The proposal is to construct one (1) new single family home on the existing lot located in the 3500 block of NE 171h Place, Renton; Parcel #344950-0055. The parcel has been vacant since the lot was created in 1958. The new residence will be constructed very close to the existing street frontage and the rear portion of the house will extend into the steep slope areas to the north and into the stream/creek buffer for Honey Creek. This proposal is similar to the layout of the adjacent properties, Tall Firs at Honey Creek Lots 8, 9 and 10, which were granted variances in 2006 and constructed recently. Similarly to the houses that were constructed on the adjacent lots, the house on Lot 11 will be supported on pilings as an alternative to excavating to establish foundation support. This will minimize the disturbance of the soils and vegetation. Furthermore, the proposed residential structure will consist of two stories utilizing relatively lightly loaded wood framing supported on deep foundations. Due to the topographic relief across the site, the residential structure will utilize a stepped foundation and daylight basement construction. Earth Solutions NW prepared a Geotechnical Engineering Study, dated September 10, 2007 for this site. Copies of this report are included with this variance request. Excerpts from the study are included below. Please refer to the study for further geotechnical analysis. Variance Justification Front Yard Setback Variance. A variance is requested per (RMC 4-9-250B1ci) to construct a house on Lot 11 within the front yard setback. The house will be approximately one (1) foot from the property line and 20 feet from the existing edge of pavement providing practical off street parking. www. paceng. corn 15445 53H❑ AVENUE SOUTH, SU17E 100, SEATTLE, WA 981 BB FAX 2083BB-1 B4B PHONE 425 2E1 -eEl 1 20e 431 -7B7O Ms. Andrea Petzel September 21, 2007 City of Renton lull Firs at honey Creek Lot 1 The undue hardship is that there is not enough developable area elsewhere on the lot to build a home without encroaching into the front yard setback. Due to the geometry and the size of the subject site, it is not possible to locate the proposed single-family residence outside the protected slope area of the property. Therefore, by locating the house within the front yard setback, we are further reducing any potential impacts to the slope. Furthermore, the Geotechnical Engineering Study indicates that the location of the home will likely improve overall slope stability. The Geotechnical Engineering Study prepared by Earth Solutions NW, LLC, dated September 10, 2007 states the following: "In our opinion, the subject property contains steep slope areas with gradients of 40 percent or greater. However, based on our understanding of the proposed project, construction of a single-family residence as illustrated on the conceptual site plan will not increase the potential for slope stability or erosion on the property or downslope. We understand the proposed residence will utilize a stepped foundation and pile support to reduce the grading and site modifications required to construct the new residence. Furthermore, in our opinion the new residence footprint and drainage elements will likely improve overall slope stability by protecting the slope surface from weathering and capturing and redirecting surface water or shallow seepage that may otherwise cause instability." The granting of this variance will not constitute a grant of special privilege nor be materially detrimental to the public welfare as it will add a valuable home to the neighborhood, likely improve the overall slope stability and have no significant long term effect on the creek and the aquatic habitat within the stream corridor. If you have any questions or concerns regarding this request, you may contact me at (206) 431- 7970 or via email at dsanfordL()paceng.com. Sincerely, I'Arri Darrin Sanford Project Manager, Member cc: Scott Cameron/Bent Nose, LLC Pacific Engineering Design LLC Page 2 of 2 P:Troject Files%07019 Tall Firs Lut I I Wariance(s) Request & JustificationWront yard Setback Justification.doc PACIFIC LNGINEERING DEt)IGN, LLC CIVIL ENGINEERING AND PLANNING CONSULTANTS September 21, 2007 DEVELOPMENT PLANNING CITY rT ;3ENTorj Ms. Andrea Petzel SEP 2 12007 City of Renton Development Services Division RECEIVED 1055 South Grady Way Renton, WA 98055 Subject: Tall Firs at Honey Creek Lot 11 PED Project No.: 07019 Justification for Reduction to Stream/Creek Buffer Variance Dear Andrea: On behalf of our client, Bent Nose Development, LLC, we respectfully request a variance for the reduction to the stream/creek buffer. Project Description The proposal is to construct one (1) new single family home on the existing lot located in the 3500 block of NE 17`h Place, Renton; Parcel 9344950-0055. The parcel has been vacant since the lot was created in 1958. The new residence will be constructed very close to the existing street frontage; the rear portion of the house will extend into the steep slope areas to the north and into the stream/creek buffer for Honey Creek. This proposal is similar to the layout of the adjacent properties, Tall Firs at Honey Creek Lots 8, 9 and 10, which were granted variances in 2006 and constructed recently. Similarly to the houses that were constructed on the adjacent lots, the house on Lot ll will be supported on pilings as an alternative to excavating to establish foundation support. This will minimize the disturbance of the soils and vegetation. Furthermore, the proposed residential structure will consist of two stories utilizing relatively lightly loaded wood framing supported on deep foundations. Due to the topographic relief across the site, the residential structure will utilize a stepped foundation and daylight basement construction. Alder NW prepared a Stream Evaluation Report for this site. Copies of the Stream Evaluation Report, dated September 17, 2007 are included with this variance request. Excerptsfrom this report are included below. Please refer to the report for further analysis. The Stream Evaluation Report states, "Honey Creek flows from east to west within the base of the ravine, across the north side of the property. Where it passes the subject property and for a distance to the east and west, the creek has been designated on the City of Renton Water Class Map as a Class 3 Water. The standard buffer assigned to Class 3 www. paceng. Com 1544,5 53RD AVENUE S❑UTH, SUITE 1 ❑❑, SEATTLE, WA 9S1 H8 FAX 2OB 3BS-1 R4R PHONE 425 251 -881 1 20E 431 -797C } Ms. Andrea Petzel September 21, 2007 City of Renton 'fall Firs at Honey Creek Lot 1 1 Waters in 75 feet. Where there is a steep slope adjacent to the stream, the stream buffer extends to the top of the steep slope. For this property, the steep slopes extend close to the NE 171h Street right-of-way. There is very little of the property which is outside of the steep slope and the stream buffer." Variance Justification Critical Areas Variance to construct a house in stream/creek buffer. A variance is requested per (RMC 4-9-250B 1 ciiic) to construct one single family home on the existing platted lot within the stream/creek buffer for Honey Creek. The undue hardship is that there is no area outside of the steep slope and stream buffer on the previously platted residential building lot available for construction of a new home on the lot. Construction of the new home requires a variance to reduce the buffer width assigned for the steep slope and Honey Creek. Therefore, we are requesting a variance to reduce the stream buffer from 100' to 75. The Stream Evaluation Report indicates that "impacts to the slope and stream buffer are being minimized by moving the homes as far to the south, away from the stream, as possible. A variance to the front yard setback is being applied for to allow placing the homes closer to NE 17th Place. With acceptance of the variance to reduce the setback from the street, impacts to the stream can be reduced to the minimum required to construct a new home of the existing building lot. With construction of the homes on the existing building lot as proposed there will be no disturbance to the stream or steam side vegetation. The forest canopy over the stream will not be reduced so there will be no reduction in the effect of shading over the stream and no reduction in the effect of shading over the stream and no anticipated effect on stream temperatures. Vegetation on the steep slope below the home will be undisturbed and there will be no reduction in the level of biological production along the stream bank for support of aquatic populations." The granting of this variance will not constitute a grant of special privilege nor be materially detrimental to the public welfare as it will add a valuable home to the neighborhood, likely improve the overall slope stability and have no significant long term effect on the creek and the aquatic habitat within the stream corridor. If you have any questions or concerns regarding this request, you may contact me at (206) 431-7970 or via email at dsanford(apaceng corn. Sincerely, --Wrl it Darrin Sanford Project Manager, Member cc: Scott Cameron/Bent Nose, LLC Pacific Engineering Design LLC Page 2 of 2 P:1Project Files107019 Tall Firs Lot 111Variance(s) Request & Justification\Reduction to Stream Buffer Variance Justifcation.doc DEVELOPMENT SERVICES DIVISION ENVIRONMENTAL CHECKLIST City of Renton Development Services Division DEVELOPMi;-NT PLANNING 1055 South Grady Way, Renton, WA 98055 C;IY OF RENTON Phone: 425-430-7200 Fax: 425-430-7231 SEP 2 12007 PURPOSE OF CHECKLIST: RECEIVED 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 mosl precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply"_ Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. C:\Documents and SettingslScott Cameron\Local SettingslTemporary Internet Files\OLKC\Tall Firs Lot 11 SEPA_docOMW07 A. BACKGROUND Name of proposed project, if applicable: Tall Firs at Honey Creek Lot 11 2. Name of applicant: Scott Cameron, Bent Nose, LLC 3. Address and phone number of applicant and contact person: 1215 120th Ave NE, Suite 110 Bellevue, WA 98005 (425) 453-9995 phone 4. Date checklist prepared: 8128107 5. Agency requesting checklist: City of Renton Planning Department. 6. Proposed timing or schedule (including phasing, if applicable): Approvals of Variance(s) and Environmental Review expected Fall 2007. Building permit approval expected Fall/Winter 2007. Construction of home proposed to begin Spring 2008. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? if yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. 1) Stream Evaluation Report prepared by Alder NW 2) Geotechnical Engineering Study prepared by Earth Solutions NW. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Steep slopes variance, front yard setback variance, variance to reduce stream buffer to 75 feet, and one (1) building permit. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The proposed site is located near the 3500 block of NE 17`h Place. Lot 11 is a pre- existing legal lot of the Tall Firs at Honey Creek project (LUA05-164) The proposed use of the site is to construct one (1) residential home of approximately 2,000 square feet on a total of 1 existing tax lots totaling 10,133 square feet. C:1Documents and Settings%Scott CameronlLocal SettingslTemporary Internet Files\OLKWall Firs Lot 11 SEPA,doc 2 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 proposed site is located near the 3500 block of NE 171h Place. Lot 11 is a pre- existing legal lot of the Tall Firs at Honey Creek project (LUA05-164) A portion of the SW '/4 of the SE % of Section 4, Township 23N, Range 5E. Legal Description: Lot 11, Block 1, Honey Creek Park, according to the plat thereof, recorded in volume 59 of plats 57, in King County, Washington B. ENVIRONMENTAL ELEMENTS EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) 40% C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Mid -dense sands, dense to very dense sands. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No evidence of recent large scale slope instability. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No major filling is planned for the site. Grading of the site would be performed as part of the normal excavation process of the foundation and final grading. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Erosion could occur, however, best management practices, on -site erosion control and performing the work during the dry season will limit the potential for erosion. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Less than 20% of the overall site will be covered with impervious surface by buildings and driveways. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: C:Oocuments and SettingslScott CameronlLocai Settings\Temporary Internet FileslOLKCITali Firs Lot 11 SEPA.doc Best management practices, on -site erosion control and performing the work during the dry season will limit the potential for erosion. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Minor dust and contractor vehicle emissions would be the only emissions during construction. No other notable air emissions would occur following completion of construction. Are there any off -site sources of emission or odor that may affect your proposal? If so, generally describe. No. C. Proposed measures to reduce or control emissions or other impacts to air, if any: None planned. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. if appropriate, state what stream or river it flows into. Yes, the property is situated on the north facing of a ravine with Honey Creek flowing through the base of the ravine along the northern border of the site. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans_ Yes. There is currently a 100 foot buffer from Honey Creek. We are requesting a variance in order to reduce the buffer to 75 feet in order to construct the house. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No materials will be placed in, or removed from, surface water or wetlands. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. CADocuments and SettingslScott CameronUcal SettingslTemporary Internet Files%OLKCITaiI Firs Lot 11 SEPA.doc 4 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. C. Water Runoff (including storm water): 1} Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known), Where will this water flow? Will this water flow into other waters, If so, describe. The site is underlined with sand and gravels. The proposed drainage for the new home is to provide foundation drainpipes (perforated) and a separate downspout pipe (solid) around the house. The yard areas will have drains installed and connected to the downspout pipes. These separate pipes (downspout and foundation) will be connected down slope of the house then conveyed independently to the existing area drain located on Lot 10 at the top of slope. It will then be conveyed in the existing storm drain system discharging to Honey Creek. 2) Could waste material enter ground or surface waters? If so, generally describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The proposed yard and roof drain conveyance system will be designed and constructed in conformance with the City of Renton standards. Best Management Practices (BMPs) will also be utilized. 4. PLANTS a. Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? C:Zocuments and SettingslScott Cameron\Local SettingsUemporary Internet FilesICLKCITaII Firs Lot 11 SEPA.doc 5 The proposed house will be supported on piles, and therefore will only generate minor amounts of material. Approximately 25 cubic yards of material will be moved on site to provide for the house foundation. It is anticipated that with only minor earthwork operations, material will remain on site. No additional clearing, grubbing or tree removal is anticipated for home construction on this site. c. List threatened or endangered species known to be on or near the site_ None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Any areas down slope of the building foot print, disturbed by construction, will be revegetated with native shrubs. Traditional landscaping (lawn and shrubs) will be installed up slope and in the front yard of the home. 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 crows Mammals: deer, bear, elk, beaver, other Fists: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. None known. C. Is the site part of a migration route? If so, explain. No. d, Proposed measures to preserve or enhance wildlife, if any: Best management practices will be used to ensure protection of stream vegetation and the forest canopy. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Natural gas will be the source for heating for the completed project. 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. CADocuments and Settingslscott Cameron\Local SettingslTemporary Internet Filesk0LKQTaII Firs Lot 11 SEPA.doc 6 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. 1) Describe special emergency services that might be required. No. 2) Proposed measures to reduce or control environmental health hazards, if any; Silt and construction fencing. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Minimal traffic noise from single family residences. 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. Short term noise levels would be limited to construction equipment and traffic to build one (1) home. Noise would be limited to City of Renton approved building hours. No long term noise impacts expected. 3) Proposed measures to reduce or control noise impacts, if any: None proposed. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently vacant. The adjacent properties are single family residential. b. Has the site been used for agriculture? If so, describe. No. C. Describe any structures on the site. None. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? R - 8. f_ What is the current comprehensive plan designation of the site? Residential single family (RSF). g. If applicable, what is the current shoreline master program designation of the site? N/A. C:1Documents and SettingslScott CameronlLocal SettingslTemporary Internet Fi1esl0LKC1Ta11 Firs Lot 11 SEPA.doc 7 h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes, there are steep slopes on site. Honey Creek is located at the bottom of the ravine; there is a stream buffer on site. i. Approximately how many people would reside or work in the completed project? One family unit would reside in one home. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: NIA Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposal is already is compatible with existing land uses. ;1•11Mli[C] a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. One (1 ) housing unit of middle to high income. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. C. Proposed measures to reduce or control housing impacts, if any: None. 10. AESTHETICS a. What is the tallest height of any proposed structures), not including antennas; what is the principal exterior building material(s) proposed_ Tallest height falls within City of Renton building codes -approximately twenty five feet (25') above existing grade. b. What views in the immediate vicinity would be altered or obstructed? None. C. Proposed measures to reduce or control aesthetic impacts, if any: Build a home consistent with the CC & R's of the neighborhood and the overall new construction designs in the Renton Highlands. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Household lights only. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off -site sources of light or glare may affect your proposal? None. CADocuments and SettingslScott CameronlLocal SettingslTemporary Internet Files10LKOTall Firs Lot 11 SEPA.doc 8 Proposed measures to reduce or control light and glare impacts, if any: NIA. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? There is a walking path along the north side of Honey Creek. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: NIA. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. No. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. NIA. C. Proposed measures to reduce or control impacts, if any: NIA. 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 would from NE Sunset Blvd, via Newport Ave via NE 17t" Street to NE 17t" Place. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No. Closest transit stop is within .5 miles of site. C. How many parking spaces would the completed project have? How many would the project eliminate? Two (2) parking spaces will be created in the two (2) car garage and two (2) spaces will be provided on driveway. No parking spaces would be eliminated. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? if so, generally describe (indicate whether public or private? No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. CADocuments and SettingslScott CameronlLocal SettingslTemporary Intemet Files\OLM-Mall Firs Lot 11 SEPA.doc 9 f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. NIA. g. Proposed measures to reduce or control transportation impacts, if any: NIA. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. One home would not require an increased need for public services beyond the existing service levels. b. Proposed measures to reduce or control direct impacts on public services, if any. NIA. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Electricity, natural gas, water, refuse service, sanitary sewer system and telephone. 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. No new utilities are proposed for the project. C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part- Proponent - Name Printed: Scott F. Cameron, Manager, Bent Nose LLC Date: r CADocurnents and SettingslScott CameronlLoca! Setting slTemporary Internet Fi1esl0LKC1Ta11 Firs Lot 11 SEPA.doc 10 D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS (These sheets should only be used for actions involving decisions on policies, plans and programs. You do not need to fill out these sheets for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: CADocuments and Settings%Scott Cameron\Local SettingsUemporary Internet Fi1es%0LKCITa11 Firs Lot 11 SEPA.doc 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclo§ore on my part. Proponent:, —�`� l�lr�vi: nl '> /= 'T j Name Printed:`°� Date: 6% ? f - ENVCHLST.DOC REVISED 6198 C:1Documents and SettingMScott CameronUcal Settings\Temporary Internet Fiies10LKC\Tall Firs Lot 11 SEPA.doc 12 AlderNW September 17, 2007 Pro ect No. 80305 0 VELOPMENT PLANNING CITY OF PENTON SEP 2 12007 Mr. Scott F. Cameron RECEIVED Bent Nose LLC 4-102" Ave NE Bellevue Washington 98004 Subject: Stream Evaluation Report Tall Firs Lot II Renton, Washington Tax Parcel No. Tax I.D 4 3449500055 Dear Mr. Cameron: As requested, I have prepared a stream evaluation report for Lot 1 I of the Tall Firs residential development in the City of Renton. The subject property is identified as King County Tax Lot 4 3449500055. This lot is also identified as Lot I I of the Honey Park Addition. The property is located in the 3500 block of NE 17"' Place_ In preparing this report I reviewed the previous report dated December 1, 2005 which addressed conditions on Lots 8, 9, 10 and 11. For that report I had visited the site in August and September, 2005 to complete the site evaluation. I revisited the site in September, 2007 for completing this report which addresses Lot l I . General Site Conditions The subject property is an irregularly shaped property with an area of approximately 0.23 acre. It is located on the northeast side of NE 17ffi Place, in the 3500 block, within the City of Renton. For the purpose of discussing site conditions and the proposed development, we have assigned north as being perpendicular to NE 17"' Place. The property is an existing platted building lot. It is bounded on the south by NE 17`' Place. The north property line generally follows the orientation of Honey Creek, although the property extends beyond the north bank of utle creek. Lot 10 of the Tall Firs development, with a recently constructed new house is to the west. The lot to the east is undeveloped and is forested. Other properties on the south side of NE 17'' Place are occupied by existing homes. The subject property was partially cleared during construction work for Lot 10. The property is situated on the north facing side of a steep sided ravine with Honey Creek flowing through the base of the ravine. Topographically the property generally slopes steeply down from about elev. 348 along the north side of NE 17`" Place to about elev. 290 at Honey Creek. North of the creek, the ravine slopes steeply up, A large diameter sanitary sewer main runs through the base of the ravine and there is a gravel surfaced roadway along the north side of Honey Creek. Where it passes the subject property, the sewer line, was initially constructed generally within the creek bed. There are manholes on either side of the creek. 518 North 59t+ Street, Seattle, Washington 98103• Prone (206)783-1036 email aidernw@comcast.net Mr. Scott Cameron September 17, 2007 Vegetative Cover Vegetation across the property is generally characterized as Lowland mixed forest. This cover type designation is based on the habitat categories listed in the King County Wildlife Study Guidelines for SEPA (1993). Similar categories are listed and described in the King County Wildlife Habitat Profile (1997). The predominant tree species present on the property is Douglas fir (Rwudotsuga menziesii), with some red alder (Alnus rubra) with a few western red cedar (Thuja plicata). Understory shrub species include vine maple (Ater circinatum), salmonberry (Rubes speclabilis), hazelnut (Carylus cornuta), and snowberry (Symphoricarpos alba). Himalayan blackberry (Rubes discolor) is present along the south side of the property at the top of the slope. This vegetative cover type extends east and west along the sides of the ravine, and along the north side of the ravine. Honey Creek Honey Creek flows from east to west within the base of the ravine, across the north side of the property. Where it passes the subject property and for a distance to the east and west, the creek has been designated on the City of Renton Water Class Map as a Class 3 Water. The standard buffer assigned to Class 3 Waters is 75 feet. Where there is a steep slope adjacent to the stream, the stream buffer extends to the top of the steep slope. For this property, the steep slope extends to close to the NE 171h Street right-of-way. There is very little of the property which is outside of the steep slope and the stream buffer. Where it passes the subject property, Honey Creek is a perennial stream, At the time of our site visit on August 1, 2005, the depth of water within the channel was about 2" to Y" The creek bed is generally composed of cobbles and gravels with some smaller areas of sand. For most of its length adjacent to the subject property, the stream channel is Eft to 8ft in svidth It appears that construction of the sanitary sewer main through the base of the ravine originally went through parts of the stream bed. Construction of the gravel roadway along the creek involved some grading and fill which extends along the north side of the creek_ There is dense shrub cover along the creek with salmonberry (Rubes spectabilis), vine maple (Ater circinatum), willows (Salix spp.), and Himalayan blackberry as the predominant shrub species Proposed Development It is proposed to construct a new single-family residence on the southern end of the property near NE 17t` Place. 1 he section of the property below the house will be left undeveloped and will be designated as an NGPE to serve as buffer and wildlife habitat adjacent to Honey Creek_ The extent of clearing for construction of the new house and the extent of area to be included in the NGPE will be similar to that completed on Lots 8, 9. and 10, The house is being designed as a daylight basement rambler style homes. Foundation support will be provided by pilings to minimize grading required. Impacts to the slope and stream buffer are being minimized by moving the homes as far to the south, away from the stream, as possible. A variance to reduce the front yard setback is being applied for to allow placing the homes closer to NE 17`s Place. With acceptance of the variance to reduce the setback from the street, impacts to the stream can be reduced to the minimum required to construct a new home on the existing building lot. Project No. 80305 Page No. 2 Mr. Scott Camcron September 17, 2007 Sanitary sewer service to the home will be provided by connection to the sanitary sewer line in NE 17`r Place. Roof drains and runoff from driveways will be directed into the storm drainage system for road run off, This drain flows into the recently constructed drain line extending down the slope between lots 9 and 10 of the Tall Firs development There is no area outside of the steep slope and stream buffer on the previously platted residential building lot available for construction of a new home on the lot. Construction of the new home requires a variance to reduce the buffer width assigned for the steep slope and Honey Creek. A variance to reduce stream buffers may be approved where it can be demonstrated that there are no alternative designs which could reduce impacts and that impacts are minimized and or mitigated to the extent possible. The area available to construct a new home on the existing lot is limited by requirements to provide a setback from NE 17`h Place and by requirements to maintain a buffer between new construction and Honey Creek. L*wpacts to the stream and buffer are being avoided to the extent possible by application for a variance to allow locating the homes closer to the road and further away from Honey Creek_ Impacts to the steam and buffer are being minimized to the extent possible by design of the new home to be supported on pilings as an alternative to excavating to.establish foundation support. Best management practices will be employed during construction to limit the area impacted by construction and limit the potential for erosion and disturbance outside of the designated building construction area. Construction of the new homes will be completed using best management practices to limit the buffer area to be temporarily disturbed during construction. Work on the slope will be seasonally limited to summer months when flows in Honey Creek are at lower levels and soils are driest to Iimit the potential for erosion. All disturbed area outside of the areas designated for the building lots and within the stream buffer will be restored with plantings of native plant materials. Restoration will include measures to stabilize disturbed soil surfaces. The stream and the existing forested buffer areas on the property are relatively undisturbed_ The stream and riparian vegetation along Honey Creek which had been disturbed for construction of the sanitary sewer line have become stabilized and there is well established vegetation along the creek. There is little opportunity to enhance the existing stream and buffer habitats on and adjacent to the proposed construction. Stream and Stream Buffer Impacts Impact evaluation With construction of the homes on the existing building lot as proposed where will. be no disturbance to the stream or stream side vegetation. The forest canopy over the stream will not be reduced so there will be no reduction in the effect of shading over the stream and no anticipated effect on stream temperatures, Vegetation on the steep slope below the home will be undisturbed and there will be no reduction in the level of biological production along the stream bank for support of aquatic populations. It is our conclusion that construction and maintenance of the new home on lot 11, as designed will not have a significant long term effect on the creek and the aquatic habitat within stream corridor. Project No, 80305 Page No. 3 Mr. Scott Cameron September I7, 2007 We trust the information presented is sufficient for your current needs. If you have any questions or require additional information, please call. Sincerely yours, ALDERNW Garet P. Munger / Encl..- Site Map - Figure 1 Project No. 80305 Page No. 4 N TiI- 'R Ti.- RO ECA EN i I I SET S 11331 E & R TRAIL i E J� 1271 30 R - - - 3� \ C D R \ i L R SEWER CO STUB I D NEV �'a- 3 1 - DE 16 I I . \ 2 r8 7� , 1 S SANITARY SEWER MANHOLE 5 � —� APPROXIMATE SCALE 30 0 30 60 feet SITE MAP ALDERNW Tall Firs Lot Renton, Washington roject No.80305 Date Sept., 2007 Figure 1 Di VELOPMENT PL4NNlNG crry aF RENTO�j PREPARED FOR SEP 2 2007 BENT NOSE, LLC RECE1VEL) September 10, 2007 co ie Senior Project ologist Kyle R. Campbell, P.E. Principal Expu GEOTECHNICAL ENGINEERING STUDY PROPOSED SINGLE-FAMILY RESIDENCE TALL FIRS LOT 11 NORTHEAST 17T" PLACE RENTON, WASHINGTON ES-0999 Earth Solutions NW, LLC 2881 — 152nd Avenue Northeast, Redmond, Washington 98052 Ph:425-284-3300 Fax:425-284-2855 Toll Free: 866-336-8710 (-- Geolechnicel Engineering Report ) Geotechnical. Services Are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted far a civil engi- neer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared solelyfor the client. No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one — not evenyou—should apply the report for any purpose or project except the one originally contemplated. Read the Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary Do not read selected elements only. A Geotechnical Engineering Report Is Based on A Unite Set of Prolect-SlmcUuc Nct rs Geotechnical engineers consider a number of unique, project -specific fac- tors when establishing the scope of a study. Typical factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates oth- erwise, do not rely on a geotechnical engineering report that was: • not prepared for you, • not prepared for your project, • not prepared for the specific site explored, or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: • the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, • elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or • project ownership. As a general rule, always inform your geotechnical engineer of project changes ---even minor ones —and request an assessment of their impact. Geolechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed Subsurface Conditions Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineer- ing repod whose adequacy may have been affected by: the passage of time; by man-made events, such as construction on or adjacent to the site; or by natural events, such as floods, earthquakes, or groundwater fluctua- tions. Alwayscontact the geotechnical engineer before applying the report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems. Most Reotechnical Hadings Are Professional Opinions Site exploration identifies subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engi- neers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ —sometimes significantly — from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method of managing the risks associated with unanticipated conditions. A Report's Recommendations Are AW Final Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engi- neers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual September 10, 2007 ES-0999 Bent Nose, LLC 1215 - 12oth Avenue Northeast, Suite 110 Bellevue, Washington 98005 Attention: Mr. Scott Cameron Dear Mr. Cameron: Earth Solutions NW«C Earth Solutions NW LLC • Geotechnic-al Engincerin, • Construction Monitoring • Environmental Sciences Earth Solutions NW, LLC (ESNW) is pleased to present this report titled "Geotechnical Engineering Study, Proposed Single -Family Residence, Tall Firs Lot 11, 17th Place Northeast , Renton, Washington". Based on the conditions encountered during our fieldwork, the site is underlain primarily by native soils consisting of loose to dense silty sand, sand and isolated areas of gravel. Fill, consisting primarily of loose poorly graded sand with silt and gravel and well graded gravel (GW) associated with past grading of the adjacent properties was also encountered along the top of the existing slope. Groundwater seepage was not encountered at the time of our fieldwork (August 23, 2007). However, localized perched zones of groundwater seepage could be encountered during site grading operations, depending of the time of year and depth of excavations. Due to the presence of steep slopes at the site, we have included landslide, coalmine, seismic, and erosion hazard assessments for the subject site, in accordance with the City of Renton Municipal Code, Section 4-3-050 Critical Areas Regulations. In our opinion, the proposed residential structure can be supported on deep foundations consisting of pin piles or drilled piers. We provide foundation support recommendations, site grading and stabilization recommendations later in this report. The opportunity to be of service to you is appreciated. If you have any questions regarding the content of this geotechnical engineering study, please call. Sincerely, EARTH SOLUTIONS NW, LLC C mpb rincipai 2881 152nd Avenue NE 0 Redmond, WA 98052 • (425) 284-3300 0 FAX (425) 284-2855 0 Toll Free (856) 336-8710 TABLE OF CONTENTS ES-0999 PAGE INTRODUCTION ............... ............................ .............. 1 General........................................................................... 1 Project Description ............ .......................... .................. 2 Surface............ ........... ..................................................... 3 Subsurface......................................................................... 3 Groundwater....................................................................... 4 CRITICAL AREA ASSESSMENT ....................... I - 1. 1 .................. 4 Landslide Hazard Assessment ............................................. 4 Erosion Hazard Assessment ............................................... 5 Seismic Hazard Assessment ............................................... 5 Coal Mine Hazard Assessment ............................................ 5 DISCUSSION AND RECOMMENDATIONS ....................................... 5 General............................................................................. 5 Site Preparation and Earthwork ............................................ 6 In -situ Soils .............................................................. 6 Structural Fill Placement ............................................ 7 Slope Fill Placement .......................................... ........ 7 Excavations and Slopes ...................................................... 7 Utility Trench Backfill ........................................................... 8 Foundations...................................................................... 8 Drilled Piers Foundation ............................................. 8 PinPiles ................................................................... 9 Axial Load Capacity .................................................... 9 Foundation Setbacks ................................................. 10 Lateral Load Capacity ................................................. 10 Slab -on -Grade Floors........... .................. - ........................... 10 Retaining Walls ......... - ....................................................... 11 Drainaa........................................................................... 11 Rockeries and Modular Block Walls ..................................... 12 Seismic Considerations .......................................................... 12 LIMITATIONS ................... .......................................................... 12 Additional Services ............................................................ 12 TABLE OF CONTENTS Cont'd ES-0999 GRAPHICS PLATE 'I VICINITY MAP PLATE 2 BORING LOCATION PLAN PLATE 3 SLOPE FILL DETAIL PLATE 4 RETAINING WALL DRAINAGE DETAIL PLATE a FOOTING DRAIN DETAIL APPENDICES Appendix A Field Exploration Boring Logs Appendix B Laboratory Test Results Sieve Analysis Results GEOTECHNICAL ENGINEERING STUDY PROPOSED SINGLE-FAMILY RESIDENCE TALL FIRS LOT 11 NORTHEAST 17T" PLACE RENTON, WASHINGTON ES-0999 INTRODUCTION General This geotechnical engineering study was prepared for the proposed single-family residence to be constructed near the northwestern terminus of Northeast 17 h Place, east of Newport Avenue Northeast within Renton, Washington, The purpose of this study was to drill two soil borings within the development envelope of the site, perform appropriate geotechnical analyses, and develop geotechnical recommendations for the proposed development. Our scope of services for completing this geotechnical engineering study included the following: • Subsurface exploration and characterization of the site soil and groundwater conditions, including a site geologic description; • A Critical Areas Hazards assessment in general accordance with the City of Renton Municipal code, Section 4-5-050; • Recommendations for site grading, drainage, cut and fill slopes, structural fill requirements, erosion control, and recommended pavement sections; • Soil bearing capacity, subgrade preparation, and foundation recommendations, including recommended building setbacks from steep slope areas; • Deep foundation recommendations including drilled pier and pin pile methods; • An assessment of the suitability of site soils for use as structural fill, and; • Geotechnical recommendations related to the proposed detention pond, and other pertinent geotechnical recommendations, as appropriate. Earth Solutions NW, LLC Bent Nose, LLC ES-0999 September 10, 2007 Page 2 The following documents were reviewed as part of preparing this Geotechnical Engineering Study: • Composite Geologic Map of King County, Washington, Booth, 2006; + Boundary and Topography Plan, Sheet 1 of 1, prepared by Baima & Holmberg, dated July 5, 2005; • Partial Architectural Site Plans provided by the client, undated; • City of Renton Code, Chapter 4-3-050 — Critical Areas • King County IMap online property resource, and; • King County Soil Conservation Survey (SCS). Proiect Description We understand the site will be developed with a single-family residence and associated improvements. Based on our review of the partial site plan, the new residence will be constructed as close as possible to the existing street frontage and will extend into the steep slope areas to the north, similar to the layout of adjacent properties constructed in 2006. We also understand foundation support will be provided by deep foundations consisting of either drilled piers or pin piles advanced into dense native soils. The proposed residential structure will consist of two stories utilizing relatively lightly loaded wood framing supported on deep foundations. Due to the topographic relief across the site, the residential structure will utilize a stepped foundation and daylight basement construction. Based on our experience with similar developments, we anticipate wall loads on the order of one to two kips per lineal foot and slab -on -grade loading of 150 pounds per square foot (psf). If the above design assumptions are incorrect or change, ESNW should be contacted to review the recommendations in this report. ESNW should review the final design to verify that our geotechnical recommendations have been incorporated. Earth Solutions NW, LLC Bent Nose, LLC September 10, 2007 Surface ES-0999 Page 3 The site is located near the northeastern terminus of Northeast 17th Place, east of Newport Avenue Northeast in Renton, Washington. The approximate location of the property is illustrated on the Vicinity Map (Plate 1). The property consists of a single residentially platted lot recorded in the 1960s that has remained vacant. The site is roughly rectangular in shape and is bordered on the north by a ravine descending to Honey Creek, to the east and west by residential properties, and to the south by Northeast 17th Place. The approximate limits of the property are illustrated on the Boring Location Plan (Plate 2). Several physical constraints encumber the subject lot, including protected steep slopes with gradients greater than 40 percent and a nearby stream alignment which do not allow for siting of a residence outside typical buffer areas. The topography across the site consists of steeply descending slopes facing roughly north- northeast. Uncontrolled fill has been placed along the top of the slopes of the subject property resulting in a steeper gradient than was likely existing prior to site grading activities. We understand the fill material was generated from the excavations conducted on the adjacent lots to the west of the subject property. The Honey Creek stream channel is located along the base of the steep slope areas, past the margins of the north property line. Subsurface Two soil borings were drilled within the subject site for purposes of assessing soil conditions, and for purposes of characterizing and classifying the site soils. Please refer to the boring logs pio-vid u in appendix A for a more detailed description of the subsurface conditions. - - Fill was encountered at test site B-2 located at the top of the slope area. The fill consisted primarily of loose to medium dense poorly graded sand with silt (Unified Soil Classification SP- SM) and well graded gravel with sand (GW). Underlying the fill and in test site B-1, we encountered native soils consisting primarily of up to about 25 feet of loose to medium dense silty sand (SM) and poorly graded sand with silt and gravel (SP-SM). Very dense silt (ML) was encountered at the base of boring B-1. The geologic map of the area identifies Advance sand (Qva) deposits throughout the site and glacial till (Qvt) to the southerly surrounding areas. Advance sand deposits generally consist of compact sand and gravel with occasional silt. Earth Solutions NW, LLC Bent Nose, LLC ES-0999 September 10, 2007 Page 4 The King County Soil Survey (SCS) indicates the site is underlain by Alderwood Series gravelly sandy loam (AgD) soils. The Alderwood series soils are characterized by a matrix of non - sorted silt, sand and gravel in a compact or dense condition at depth. The SCS describes Alderwood series soils as having moderate to rapid runoff with a moderate to severe erosion hazard. The soil conditions encountered during our fieldwork generally correlate with the geologic map designations consisting primarily of Advance sand type deposits. Groundwater Groundwater seepage was not encountered at the time of our fieldwork (August 23, 2007). However, the presence of groundwater seepage should be anticipated in the deeper site excavations. Groundwater seepage rates and elevations fluctuate depending on many factors, including precipitation duration and intensity, the time of year, and soil conditions. In general, groundwater flow rates are higher during the wetter, winter months. CRITICAL AREAS ASSESSMENT As part of our report preparation, we performed a critical area assessment in general accordance with the City of Renton Municipal Code, Section 4-3-050, Due to the geometry and size of the subject site, we understand it is not possible to locate the proposed single-family residence outside the protected slope area of the property. Landslide Hazard Assessment Based on our review of the Landslide Hazard map at the City of Renton, the slopes located within the subject site are not designated as a landslide hazard. The slopes across the subject site descend to Honey Creek with variable gradients generally above 40 percent. However, our review of the City of Renton Municipal Code, Section 4-3-050B(c)iii indicates the slopes across the site meet High Landslide Hazard (LH) criteria, which includes any slopes over 40 percent. In our opinion, the subject property contains steep slope areas with gradients of 40 percent or greater. However, based on our understanding of the proposed project, construction of a single-family residence as illustrated on the conceptual site plan will not increase the potential for slope instability or erosion on the property or downslope. We understand the proposed residence will utilize a stepped foundation and pile support to reduce the grading and site modifications required to construct the new residence. Furthermore, in our opinion the new residence footprint and drainage elements will likely improve overall slope stability by protecting the slope surface from weathering and capturing and redirecting surface water or shallow seepage that may otherwise cause instability. Earth Solutions NW, LLC Bent Nose, LLC September 10, 2007 Erosion Hazard Assessment ES-0999 Page 5 In our opinion, based on the soil and topographic conditions, the proposed development area of the site can generally be characterized as a severe erosion hazard. As such, Best Management Practices (BPM's) should be implemented during and after construction to minimize the potential for excessive erosion or instability. Exposed earth surfaces should be appropriately vegetated or mulched to reduce erosion during construction. Surface water runoff should be controlled and not allowed to discharge over the top of the slopes. Final erosion control measures should consist of surface water controls and appropriate species of vegetation where exposed earth surfaces are present. Provided the recommendations detailed in this report are followed, in our opinion, the proposed development will not increase the erosion hazard on the property or on adjacent properties. Seismic Hazard Assessment Based on our review of the Seismic Hazard map at the City of Renton, the site is not classified as a seismic hazard. Based on the soil conditions observed during our fieldwork, we are in agreement with the City of Renton mapping of the site. Coalmine Hazard Assessment Based on our review of the Coalmine Hazard map at the City of Renton, the site not located in a coalmine hazard area. As such, our report does not include a coalmine hazard assessment. DISCUSSION AND RECOMMENDATIONS General Based on the results of our study and our understanding of the project, construction of the proposed single-family residence is feasible from a geotechnical standpoint. The primary geotechnical considerations associated with the proposed development include site grading and earthwork, foundation support, structural fill placement, temporary and permanent slope construction and stability, and the suitability of the on -site soils for use as structural fill. Based on the results of our study, the proposed residential structure can be supported on drilled pier or pin pile foundations advanced at least ten feet into dense native soils encountered at depths of about 25 feet below existing grades. Where loose or unsuitable soil conditions are exposed at subgrade elevations for structural elements, compaction of the soils to the specifications of structural fill, or overexcavation and replacement with structural fill may be necessary. Earth Solutions NK LLC Bent Nose, LLC ES-0999 September 10, 2007 Page 6 Fill placement along the steep slopes of the site should be kept to a minimum. If fill placement is planned, fill should be benched and keyed into the existing slope areas, as appropriate. ESNW should review final grading plans to confirm appropriate geotechnical parameters have been incorporated and to provide supplemental recommendations, as necessary. Recommendations for structural fill placement are discussed in the "Site Preparation and Earthwork" section of this study. In our opinion, the soils generated from cuts throughout the site should generally be suitable for use as structural fill. The silty sand, silty sand with gravel, and sand soils encountered at the majority of the exploration sites will generally exhibit good soil strength when compacted to structural fill specifications. The presence of groundwater seepage in deeper utility and site excavations should be anticipated. Supplement recommendations for controlling groundwater seepage should be provided by the geotechnical engineer during the grading activities, as appropriate. However, based on the data obtained from the test sites, and our overall characterization of subsurface conditions, extensive site dewatering is not anticipated to be necessary for the proposed site development. This study has been prepared for the exclusive use of Bent Nose, LLC, and their representatives. No warranty, expressed or implied, is made. This study has been prepared in a manner consistent with the level of care and skill ordinarily exercised by other members of the profession currently practicing under similar conditions in this area. Site Preparation and Earthwork The primary geotechnical considerations during the proposed site preparation and earthwork activities will involve foundation support, structural fill placement and compaction, site drainage and erosion control, and permanent fill slope construction. We anticipate the grading for the project will be minimal and will likely be limited to drilled pier spoils and grading associated with foundation construction and landscaping. Alteration to the steep slope areas of the site will be kept to a minimum. In -situ Soils From a geotechnical standpoint, the silty sand and sand soils encountered at the test sites are generally suitable for use as structural fill. Due to the generally granular nature of the native and existing fill soils, use of these soils throughout the structural fill and permanent fill slope areas of the site is feasible. The moisture sensitivity of the native soils can be generally characterized as moderate. Because the native soils are moderately sensitive to moisture, successful use of the on -site soils will largely be dictated by the moisture content of the soils at the time of placement and compaction. The soils encountered at the test sites were generally in a moist to wet condition at the time of the exploration (August 2007). Soils encountered during site excavations that are excessively over the optimum moisture content may require moisture conditioning prior to placement and compaction. Conversely, if the native soils are found to be dry at the time of placement, moisture conditioning through the application of water may be necessary prior to compacting the soil. Earth Solutions NW, LLC Bent Nose, LLC ES-0999 September 10, 2007 Page 7 If the on -site soils cannot be successfully compacted, the use of an imported soil may be necessary. Imported soil intended for use as structural fill should consist of a well graded granular soil with a maximum aggregate grain size of four inches, and a moisture content that is at or near the optimum level. During wet weather conditions, imported soil intended for use as structural fill should consist of a well graded granular soil with a fines content of 5 percent or less defined as the percent passing the #200 sieve, based on the minus three-quarter inch fraction. Structural Fill Placement Structural fill is defined as compacted soil placed in foundation, slab -on -grade, and roadway areas. Fills placed to construct permanent slopes and throughout retaining wall and utility trench backfill areas are also considered structural fill. Soils placed in structural areas should be compacted to a relative compaction of 90 percent, based on the maximum dry density as determined by the Modified Proctor Method (ASTM D-1557) and placed in maximum 12 inch lifts. in pavement areas, the upper 12 inches of the structural fill should be compacted to a relative compaction of at least 95 percent. Slope Fill Placement In general, fill placement throughout the existing slope areas should be kept to a minimum and should be provided with an appropriate bench and key system such that fill is placed on a level and firm surface. General guidelines for slope fill placement are provided on Plate 3 of this report. The geotechnical engineer should be on -site during the fill placement to assess the slope fill construction, and to provide supplement recommendations for the fill placement, as appropriate. During the construction of the fill slopes, appropriate means for compacting the slope face should be utilized. Excavations and Slopes The United States Occupational Safety and Health Administration (OSHA), and the Washington Department of Labor and Industries (L&I) classify soils in terms of minimum safe slope inclinations (see WAC 296-155-66401 Appendix A -Soil classification). Based on the soil conditions anticipated to be encountered during site grading activities, fill and loose native soils would be classified by OSHAIL&I as Type C. Temporary slopes over four feet in height in Type C soils should be sloped no steeper than 1.5H:1V (Horizontal:Vertical). The relatively unweathered native soils encountered below would be classified by OSHA/L&I as Types A and B. Temporary slopes over four feet in height in Types A and B soils should be sloped no steeper than 0.75H:1V and 1 H:1 V, respectively. If appropriate slopes cannot be achieved, temporary shoring may be necessary to support the excavations. Permanent slopes should maintain a gradient of 2H:1V, or flatter, and should be planted with an appropriate species of vegetation to enhance stability and to minimize erosion. Earth Solutions NW, LLC Bent Nose, LLC ES-0999 September 10, 2007 Page 8 The project geotechnical engineer should observe temporary and permanent slopes to verify that the inclination is appropriate, and to provide additional grading recommendations, as necessary. Utility Trench Backfill In our opinion, the soils observed at the test sites are generally suitable for support of utilities. Organic or compressible soils encountered in the trench excavations should not be used for supporting utilities. In general, the existing fill and native soils observed at the test sites should generally be suitable for use as structural backfill in the utility trench excavations, provided the soil is at or near the optimum moisture content at the time of placement and compaction. Moisture conditioning of the soils may be necessary at some locations prior to use as structural fill. Utility trench backfill should be placed and compacted to the specifications of structural fill provided in this report, or to the applicable specifications of the city or county jurisdictions, as appropriate. Foundations Based on the results of our study, the proposed residential structure can be supported on deep foundations consisting of either drilled pier or pin piles advanced at least ten feet into the dense native soils encountered at depths of about 25 feet below existing grades. Drilled Pier Foundations We understand drilled pier foundations will likely be used for this project. In our opinion the use of drilled piers to support new foundations is feasible from a geotechnical standpoint. For purposes of this study, deep foundation diameters of 18 to 24 inches are considered. Other deep foundation diameters can also be considered, and should be assessed by the geotechnical engineer, as necessary. The following allowable deep foundation capacities should be used for the foundation design, as appropriate. Allowable Capacities Lateral Capacities Diameter (in.) Compression (tons) Uplift (tons)* 0.5 Inch (tons) Deflection 18 25 12 3 20 30 16 4 24 40 20 5 * Allowable uplift capacity does not include weight of the pile or pier. 1.0 Inch (tons) Deflection 4 5 Earth solutions NW, LLC Bent Nose, LLC ES-0999 September 10, 2007 Page 9 The above allowable capacities assume the foundations will achieve a minimum embedment of ten feet into the dense native sand and silt soils. For preliminary design purposes, pier or pile lengths on the order of 20 to 30 feet should be anticipated. The criteria for establishing acceptable pier or pile foundation lengths will be based on a minimum embedment of ten feet into the dense native sand and silt deposits. Depending on the extent of excavation and removal of overburden within the building footprint, pier and pile lengths will likely vary across the site. The geotechnical engineer should observe the installation of the foundations and assess appropriate foundation lengths based on the soils encountered during the installation. The method of pier or pile installation, and the proposed equipment and sequencing of the installation should be reviewed by the geotechnical engineer. Drilled pier excavations should be cased if necessary to minimize caving of the drilled shafts. The upper deposits of sand encountered at the boring sites, and the presence of groundwater seepage could contribute to caving of uncased excavations. The geotechnical engineer should observe the installation of the deep foundations, and provide supplement recommendations, as necessary during the installation. Pin Piles If pin piles are utilized for this project, the should be advanced through the loose soils to bear on the dense sand and silt soils encountered at depths below approximately 25 feet relative to existing grade. Based on the soil conditions encountered during our fieldwork a, we estimate total pile lengths will be on the order of 30 to 40 feet. However, the ultimate pile length will be determined by achieving adequate refusal. Therefore, if soil variability is encountered during installation, longer pile lengths may be required to achieve acceptable refusal criteria. Three and four inch diameter pin piles are typically Schedule 40 galvanized steel driven by an 850 pound hammer operating at 900 blows per minute. Axial Load Capacity Assuming the pin piles are driven to refusal, the allowable axial load capacities listed below can be used for design: Pile Diameter 3 inch 4 inch Load Capacity* 6 tons 10 tons Refusal Criteria (seconds/inch) C assumes a factor -of -safety of at least 2.0) 10 10 Earth Solutions NW, LLC Bent Nose, LLC ES-0999 September 10, 2007 Page 10 Refusal is generally defined as less than six inches of penetration within the above refusal criteria. With structural loading as expected, total settlement in the range of one inch is anticipated, with differential settlement of approximately three quarters of an inch. The majority of the settlements should occur during construction, as dead loads are applied. Lateral Load Capacity In general, lateral load capacity of pin piles is very limited and should be neglected in design. Limited lateral load capacity can be provided by passive resistance developed by grade beams, if utilized. if additional lateral load capacity is required, ESNW can review the pile design and provide batter pile recommendations, as appropriate. An ESNW representative should observe the pin pile installation to verify the refusal criteria during the pile driving operation. Foundation Setbacks Due to the physical constraints encumbering the subject site, the proposed residence will be situated along the protected slopes. This location will require a variance to allow modifications along protected slopes and in our opinion, based on the use of deep foundations and improved drainage controls, the proposed construction will not adversely impact existing slope stability. Slab -On -Grade Floors Slab -on -grade floors should be supported on a firm and unyielding subgrade consisting of structural fill or piles, as appropriate, depending on the final grades. Unstable or yielding areas of the subgrade should be recompacted or overexcavated and replaced with suitable structural fill prior to construction of the slab. A capillary break consisting of a minimum of four inches of free draining crushed rock or gravel should be placed below the slab. The free draining material should have a fines content of 5 percent or less (percent passing the #200 sieve, based on the minus three-quarter inch fraction). In areas where slab moisture is undesirable, installation of a vapor barrier below the slab should be considered. If a vapor barrier is used it should consist of a material specifically designed for that purpose such as Stego Wrap and should be installed in accordance with the manufacturer's specifications. Earth Solutions NW. LLC Bent Nose, LLC September 10, 2007 Retaining Walls ES-0999 Page 11 Retaining walls should be designed to resist earth pressures and any applicable surcharge loads. For design, the following parameters can be assumed for retaining wall design: • Active Earth Pressure (Yielding Wall) « At -Rest Earth Pressure (Restrained Wall) • Traffic Surcharge (Passenger Vehicles) • Passive Resistance • Coefficient of Friction 35 pcf (equivalent fluid) 50 pcf 70 psf (rectangular distribution) 350 pcf (equivalent fluid) Ml Additional surcharge loading from foundations, sloped backfill, or other loading should be included in the retaining wall design, as necessary. Drainage should be provided behind retaining walls such that hydrostatic pressures do not develop. If drainage is not provided, hydrostatic pressures should be included in the wall design, as appropriate. ESNW should review retaining wall designs to verify that appropriate earth pressure values have been incorporated into design, and to provide additional recommendations, as necessary. Retaining walls should be backfilled with free draining material that extends along the height of the wall, and a distance of at least 18 inches behind the wall. The upper one foot of the wall backfill can consist of a less permeable (surface seal) soil, if desired. A rigid, perforated drain pipe should be placed along the base of the wall, and connected to an appropriate discharge location. A typical retaining wall and drainage detail is illustrated on Plate 4 of this report. Drainage Groundwater seepage was not observed at the time of our fieldwork (August 23, 2007). However, localized perched zones of groundwater seepage could be encountered in the site excavations, particularly during the wetter winter months. Temporary measures to control groundwater seepage and surface water runoff during construction would likely involve interceptor trenches and sumps, as necessary. Surface water should not be allowed to flow over the top of any slopes located on site. A swale or other approved means of directing surface water should be incorporated into final site designs to discharge to an approved point. In our opinion, perimeter drains should be installed at or below the invert of the building footings. A typical footing drain detail is provided on Plate 5 of this report. Earth Solutions NW, LLC a Bent Nose, LLC ES-0999 September 10, 2007 Page 12 Rockeries and Modular Block Walls In our opinion, the use of rockeries or modular block walls at this site is feasible from a geotechnical standpoint. Rockeries or modular block walls over four feet in height will require an engineered design, ESNW can provide engineered rockery and modular block wall designs, upon request. The geotechnical engineer should review the final wall alignments and wall heights with respect to the proposed site grading. Seismic Considerations The 2006 International Building Code specifies several soil profiles that are used as a basis for seismic design of structures. Based on the soil conditions observed at the test sites, Site Glass C, from table 1613.5.2, should be used for design. In our opinion, liquefaction susceptibility at this site is low. The relative density of the site soils and the absence of a uniform, shallow groundwater table is the primary basis for this designation. LIMITATIONS The recommendations and conclusions provided in this geotechnical engineering study are professional opinions consistent with the level of care and skill that is typical of other members in the profession currently practicing under similar conditions in this area. A warranty is not expressed or implied. Variations in the soil and groundwater conditions observed at the test sites may exist, and may not become evident until construction. ESNW should reevaluate the conclusions in this geotechnical engineering study if variations are encountered. Additional Services ESNW should have an opportunity to review the final design with respect to the geotechnical recommendations provided in this report. ESNW should also be retained to provide testing and consultation services during construction. Earth Solutions NW, LLC 3A SE 68TH E ST 3. 5: 77 V"JJD7F' .MAY CRrEK 'e PARK M :SIGHLANDS PARK '4-','.,CI.ST� - VTVII PAI R K VA--Y 2 Ssw - SJERRA N' E 2 — IOth S hEr,. �9NF 241%3 24:S7 1C- j — S St Nz"" S., fir_nq:!, SI 2,1C %, 2, 3r: 71=s� 4� P. %-. 4,S. > W A 22,0 C� CR. FK OPEN, C5 a SE S: 7 SPACE ➢ !'j5th % 9tT S' , -APX S I E G7 'Yw Al S sl 41 "A" 3,5', P! NE $V4 VAY AE Z�f N 7 Lh N �-NEI?,Z� St n \k VALEI AT, PI 'NF 12TH.R ST L: o 7 NT t�L.ft4r� - !:' 1, %F Sc lj�:h PARK 5E i I I Th. I th pj� ST i iMtn S1 l, NE I I 'ffi T7, st 'fin i I Th 5: NE 1 IT Si Ct SUNSET -- -Z7. LM,'4T YE I C"h .-.—z b N , 'S. > ;'.A;ZK " C. 'E — < Ot� U - . — � I'D$ NE jo, t' It SI NE P! NE r 'Iz P" Li �6 f Cp.Oth N Ln ZSE -�2 �-! I , 1161 st� Olh S' 1�1 %E Oth, -St 'S I QT.h S: Z-,- NE— St 7 C 12 NE-<�� 9th 5Z NE -F, NL� NE 91h PI SE J'% S-n F JJz :2 h —St a"r C,-""" PARKSS NE 8:h ir NE -5 HIGHLANDS ik �ah ��Jb Ci �.. RE. . 7 L NF —81nPI 17 - _j Reference: King County Map 626 By Thomas Brothers Maps Dated 2008 !El Earth Solutions l W114 M Vicinity Map Tall Firs - Lot 11 Renton, Washington NOTE: This Mate may contain areas of color. ESNW cannot be Drwn. G L,9 Date 09106/2007 Proj. No. 0999 responsible for any subsequent misinterpretation of the information resulting from black & white reproductions of this plate. Checked SSR I Date Sept- 2007 1 Plate 1 ♦ ♦ • • � • ♦ 33C 3=C 3�0 • i3-2�11 • 1 I � � I ~ / R LEGEND B-1— 6—Approximate — Approximate Location of ESNW Boring, Proj. No. ES-0999, Aug. 2007 Subject Site Proposed Building NOTE: The graphics shown on this plate are not intended for design purposes or precise scale measurements, but only to illustrate the approximate test locations relative to the approximate locations of existing and 1 or proposed site features. The information illustrated is largely based on data provided by the dient at the time of our study. ESNW cannot be responsible for subsequent design changes or interpretation of the data by others. NOTE: This plate may contain areas of color. ESNW cannot be responsible for any subsequent misinterpretation of the information resulting from black & white reproductions of this plate. ? j9 320 Sao 340 NORTH 0 30 60 120 1 "=fi0' Scale in Feet SCHEMATIC ONLY - NOT TO SCALE NOT A CONSTRUCTION DRAWING Final Slope Gradient Compacted Slope Face Bench and Keyway Fill to I consist of suitable granular �. material approved by the 2 - - - Geotechncial Engineer. I� Typical "Bench„ Keyed into Existing Slope Face -' Geotechnical Engineer to Verify k I k I "Key (Minimum 2' Deep by 6' Wide) NOTES: n Slope should be stripped of topsoil and unsuitable materials prior to excavating Key Way or benches. o Benches will typically be equal to a dozer blade width, approximately 8 feet, but a minimum of 4 feet. o Final slope gradient should be 2 .- 1 (horizontal : vertical)_ a Final slope face should be densified by over -building with compacted fill and trimming back to shape or by compaction with dozer or roller. A Planting or hydroseeding slope face with a rapid growth deep rooted vegetative mat will reduce erosion potential of slope area. 13 Use of pegged in place jute matting or geotechnical fabric will help maintain the seed and mulch in place until the root system has an opportunity to germinate. Existing Grade Structural fill should be placed in thin loose lifts not exceeding 12 inches in thickness. Each lift should be compacted to no less than the degree specified in the "Site Preparation and Earth Work" section of this report. No additional lift should be placed until compaction is achieved. _Eart h SulutiE►nti NWt SLOPE FILL DETAIL Tall Firs - Lot 11 Renton, Washington Drwn. GLS Date 09/10/2007 Proj. No. 0999 Checked SSR Date Sept. 2007 Plate 3 18" Min. oa � °� 0 o 0 o Oa o OQ oa a 0�o0 a 0o 0 0 0 c o 0 o a 00 °o o as RR • 000 o 0 0 o V o p p o 0 0 _ a Oa 000 000 p o 90 0 o p o0 0 0 0° o Q G O ° V ° O o 0 O ao nQ a a o po 0 O oa 0 0 Cr .0 0 0 ° o o o 0o 0 0 op° op ° 0 o0 ° 0 V r O p 'o o ° r per a-08o & 0 ° t o a 00oo0opO o � 0 0 8 o a � o °p a o 4 0 .• 0.. aa O oo O o p 6 G .0. a U a • O O j oo 0 o° Oo o o Q 'o 0 9 0 0 Do-o ° do III •. 0 o O �• S•S NOTES: • Free Draining Backfill should consist of soil having less than 5 percent fines. Percent passing #4 should be 25 to 75 percent. • Sheet Drain may be feasible in lieu of Free Draining Backfill, per ESNW recommendations. • Drain Pipe should consist of perforated, rigid PVC Pipe surrounded with 1" Drain Rock. LEGEND: pop c Free Draining Structural Backfill 0 'rti ti ti 1 inch Drain Rock Structural Fill \ Perforated Drain Pipe (Surround In Drain Rock) SCHEMATIC ONLY - NOT TO SCALE NOTA CONSTRUCTION DRAWING • Slope o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2" (Min.) Perforated Rigid Drain Pipe (Surround with 1" Rock) NOTES: • Do NOT tie roof downspouts to Footing Drain. SCHEMATIC ONLY - NOT OT SCALE • Surface Seal to consist of NOT A CONSTRUCTION DRAWING 12" of less permeable, suitable soil. Slope away from building. LEGEND: Surface Seal; native soil or other low permeability material. 1 Drain Rock FOOTING DRAIN DETAIL Tall Firs - Lot 11 Renton, Washington Drwn- GLS Date 09/10/20071Proj. No. 0999 Checked SSR I Date Sept. 2007Plate 5 APPENDIX A SUBSURFACE EXPLORATION ES-0999 The subsurface conditions at the site were explored by drilling two borings. The approximate boring locations are illustrated on Plate 2 of this report. The boring logs are provided in this Appendix. The subsurface exploration was completed in August 2007 and our borings were advanced to a maximum depth of 31.5 feet below existing grades. Logs of the borings drilled by ESNW are presented in Appendix A. The final logs represent the interpretations of the field logs and the results of laboratory analyses. The stratification lines on the logs represent the approximate boundaries between soil types. In actuality, the transitions may be more gradual. Earth Solutions NW, LLC Earth Solutions NWLLC SOIL CLASSIFICATION CHART MAJOR DIVISIONS SYMBOLS TYPICAL DESCRIPTIONS GRAPH I LETTER GRAVEL AND CLEAN GRAVELS �•� S +� Gw WELL -GRADED GRAVELS, GRAVEL - SAND MIXTURES, LITTLE OR NO FINES GRAVELLY SOILS (LITTLE OR NO FINES) ° 66 o DQo 0 Q aQ C GP POORLY-GRADED GRAVELS, GRAVEL- SAND MIXTURES, LITTLE OR NO FINES COARSE GRAINED SOILS MORE THAN 50% OF COARSE FRACTION GRAVELS WITH FINES O a a 6 GM SILTY GRAVELS, GRAVEL - SAND - SILT MIXTURES CLAYEY GRAVELS, GRAVEL - SAND - CLAY MIXTURES RETAINED ON NO, 4 SIEVE (APPRECIABLE AMOUNT OF FINES) SAND AND CLEAN SANDS SW WELL -GRADED SANDS GRAVELLY SANDS, LrI FLE OR NO FINES MORE THAN 50% OF MATERIAL IS Sp POORLY -GRADED SANDS, GRAVELLY SAND, LITTLE OR NO FINES LARGER THAN NO. 200 SIEVE SIZE SANDY SOILS (LrrTLE OR NO FINES) SANDS WITH FINES SM °7 SILTY SANDS, SAND - SILT MIXTURES MORE THAN 50% OF COARSE FRACTION PASSING ON NO. 4 SIEVE (APPRECIABLE AMOUNT OF FINES) Sc CLAYEY SANDS, SAND - CLAY MIXTURES INORGANIC SILTS AND VERY FINE ML SANDS, ROCK FLOUR, SILTY OR CLAYEY FINE SANDS OR CLAYEY SILTS WrrH SLIGHT PLASTICITY FINE GRAINED SOILS SILTS LIQUID LIMIT AND LESS THAN 50 CLAYS CL INORGANIC CLAYS OF LOW TO MEDIUM PLASTICITY, GRAVELLY CLAYS, SANDY CLAYS, SILTY CLAYS, LEAN CLAYS —_ — = OL ORGANIC SILTS AND ORGANIC SILTY CLAYS OF LOW PLASTICITY MORE THAN 50% OF MATERIAL IS SMALLER THAN NO.200 SIEVE MH INORGANIC SILTS, MICACEOUS OR DIATOMACEOUS FINE SAND OR SILTY SOILS slzl± SILTS LIQUID LIMIT AND CLAYS GREATER THAN 50 CH INORGANIC CLAYS OF HIGH PLAsncITY �� ORGANIC CLAYS OF MEDIUM TO HIGH PLASTICITY. ORGANIC SILTS HIGHLY ORGANIC SOILS . �+ .�+..�+. �` — — PT PEAT, HUMUS, SWAMP SOILS WITH HIGH ORGANIC CONTENTS DUAL SYMBOLS are used to indicate borderline soil classifications. The discussion in the text of this report is necessary for a proper understanding of the nature of the material presented in the attached logs. Earth Solutions Ni BORING NUMBER B-1 2881 152nd Avenu- ...E. PAGE 1 OF 2 Redmond, Washington 98052 Telephone: 425-284-3300 %X' Fax: 425-284-2855 CLIENT Bent Nose, LLC _ PROJECT NAME Tall Firs - Lot 11 PROJECT NUMBER 0999 PROJECT LOCATION Renton, Washington DATE STARTED 8123/07 COMPLETED 8/23107 GROUND ELEVATION HOLE SIZE DRILLING CONTRACTOR Boretec GROUND WATER LEVELS: DRILLING METHOD HSA AT TIME OF DRILLING — LOGGED BY SHA CHECKED BY SHA AT END OF DRILLING — NOTES Field Grass AFTER DRILLING = _ ate OR }} U a- + _j M j O ? a TESTS U (L p MATERIAL DESCRIPTION �UZ MZ W C? 0 Brown silty SAND, loose, moist SM LSS 100 2'3 MC = 13.3096 5 5.4 Brown poorly graded SAND with sift and gravel, loose, moist SS 100 5-" MC = 6.30% (14) Fines = 7.80% SS 100 7-9-9 MC = 7.80% (18) 10 SS 100 15(22�i1 MC = 8.50% SP- SM 15 -light iron oxide staining SS 100 5) MC = 7.20% 20 2a.o Earth Solutions Nl BORING NUMBER B-'I 2881 152nd Avenu_ _ _.E. PAGE 2 OF 2 Redmond, Washington 98052 Telephone: 425-284-3300 Fax: 425-284-2855 CLIENT Bent Nose LLC PROJECT NAME Tall Firs - Lot 11 PROJECT NUMBER 0999 PROJECT LOCATION Renton Washington a Y U] w U a M a z Q TESTS v a p J MATERIAL DESCRIPTION W U O ? a. Z � W � v 20 Brown poorly graded SAND with silt and gravel, medium dense, moist SS 100 9-9-8 MC = 9.40% (17} Fines = 9,50°% SP- SM 25 SS 100 31-5014" MC = 7.40% Gray SILT with sand and gravel, very dense, moist ML ZB.S Boring terminated at 26.5 feet below existing grade. No groundwater encountered during drilling. Boring backfilled with bentonite. Bottom of hole at 26.5 feet. Earth Solutions N' BORING NUMBER B-2 2881 152nd Avenu- . _. E. PAGE 1 OF 2 Washington 96052 Redmond,UR "W Telephone: 425-284-3300 Fax: 425-284-2855 CLIENT Bent Nose, LLC PROJECT NAME Tall Firs - Lot 11 PROJECT NUMBER D999 PROJECT LOCATION Renton Washington DATE STARTED 8l23107 COMPLETED 8123l07 GROUND ELEVATION HOLE SIZE DRILLING CONTRACTOR Boretec GROUND WATER LEVELS: DRILLING METHOD HSA AT TIME OF DRILLING -- LOGGED BY SHA CHECKED BY SHA AT END OF DRILLING - - NOTES AFTER DRILLING --- W Z CL LEI OBE H j vJ U 2 W CO Q m O? TESTS y CL p MATERIAL DESCRIPTION LU 2Z v a Uz D (9 W SP- SM SS 100 1 7-5-4 MC = 13.20% SS 1100 I 28-,� I MC = 4.20% SM SS 1100 I 26-6-6 I MC = 5.40% (12) Fines = 4.10% GW S5 100 2(2)1 MC = 24.50% SP- SM SS 100 ( } MC = 8-60% Poorly graded SAND with silt and gravel, loose, moist (Fill) Brown poorly graded SAND with sift, medium dense, moist (Fill) -asphalt chunks Gray well graded GRAVEL with sand, medium dense, moist (Fill) -end of fill zone at 10' Brown poorly graded -possible voids with silt, medium dense, moist Earth Solutions N BORING NUMBER BW2 2881 152nd Avenu E. PAGE 2 OF 2 INN M-1 Redmond, Washington 98052 NEWW Telephone: 425-284-3300 Fax: 425-284-2855 CLIENT Bent Nose, LLC PROJECT NAME Tall Firs - Lot 11 PROJECT NUMBER 0999 PROJECT LOCATION Renton, Washington rL e _ aLU Lu } M j 0 j d TESTS v T 0-0 MATERIAL DESCRIPTION o� O mUZ _3 �Z W 20 Brown poorly graded SAND with silt, dense, moist SS 100 13-14-15 (29) 25 SP- =- 55 100 11-12-14 MC = 5.50% (26) Fines = 5.40% SM 30 SS 100 10l57- MC = 6-10% 31.5 Boring terminated at 31.5 feet below existing grade. No groundwater encountered during drilling. Boring backfilled with bentonite. Bottom of hole at 31.5 feet. APPENDIX B LABORATORY TEST RESULTS ES-0999 Earth Solutions NW, LLC Earth Solutions NW, I_LC GRAIN SIZE DISTRIBUTION 2881 152nd Avenue N.E. NA Redmond, WA 96052 Te4ephone: (425) 284-3300 Fax: (425) 284-2855 CLIENT Bent Nose LLC PROJECT NAME Tall Firs, Lot 11 PROJECT NUMBER ES-999 PROJECT LOCATION Renton U.S. SIEVE OPENING IN INCHES I U.S. SIEVE NUMBERS i HYDROMETER 0 LLI W Z LL Ld It ul 4 GRAIN SIZE IN MILLIMETERS COBBLES GRAVEL I SAND SILT OR CLAY coarse I fine I coarse I medium I fine Specimen Identification Classification LL PL PI I Cc Cu • TP-1 5.0ft. Brown poorly graded SAND with slit and gravel, SP-SM 0.23 37.95 m TP-1 20.Oft. Brown poorly graded SAND with silt, SP-SM 1.36 1 5.24 • TP-2 7.Oft. Gray well graded GRAVEL with sand, GW 1.62 57.48 * TP-2 25.0ft. Brown poorly graded SAND with silt, SP-SM 0.71 3.52 W Z Specimen identification D100 D60 D30 D10 °�6Gravei °!°Sand 46Silt °.6Cay 20 0 TP-1 5.0ft. 37.5 4.138 0.319 0.109 38.8 53.5 7.8 1 M Ul TP-1 20.Oft. 19 0.427 0.217 0.082 9.0 81.5 9.5 lu w TP-2 7.0ft. 37.5 19.272 3.235 0.335 63.8 32.0 4.1 * TP-2 25.Oft. 9.5 0.559 0.25 0.159 5.5 89.2 5.4 REPORT DISTRIBUTION ES-0999 4 COPIES Bent Nose, LLC 1215 -1201h Avenue Northeast, Suite 110 Bellevue, Washington 98005 Attention: Mr. Scott Cameron 1 COPY Pacific Engineering Design, LLC 15445 - 53rd Avenue South Seattle, Washington 98188 Attention: Ms. Jayna Paradise Earth Solutions NW, LLC x !fa'4t dihf L iI ranSnatlon' , August 29, 2007 Pacific Engineering Design, LLC 15445 53rd Ave 5 #100 Seattle, WA 98188 Attn.: Jayne Paradise Reference No.(s): Order No.: C5 - 20328384-T23 Property Address: Lot 11, NE 17th Place, Renton, Washington Buyer/Borrowers: 5eller(s): Bent Nose, LLC 14450 N.E. 296' R., #200 Bellevue, WA 98007 Phone: 425-451-7301 800.441-7701 Fax: 421-646-8576 DEVELOPMENT PLANNING CITY OF RENTON SEP 2 12007 RECEIVED In connection with the above referenced Order, we are enclosing documentation as requested. If we may be of further assistance, please feel Free to contact any member of the team listed below Title Team Chris Scurti (425) 646-8585 cscurti@landam.com Shelley Fooks (425) 646-8583 sfooks@landam.com Robert L. Iverson (425) 646-8581 biverson@landam.com Justin Boettcher (425) 646-8582 jboettcher@landam.com 1-800-441-7701 Fax: (425) 646-8576 We thank you for this opportunity to serve you_ Chris Scurd Title Officer Enclosure(s) Cc: Cameron Real Estate Group LLC Attn: Scott Cameron Pacific Engineering Design, LLC Attn: Jayne Paradise Issued by 1 1. II Al w _ 14450 N.E. 29"' Pl., #200 e4{::sta;rkia ,•a:�_ Bellevue, WA 98007 Phone: 425-451-7301 Transr�aiion 800-441-7701 Fax: 425-646-8576 Transnation Title Insurance CoMany COMMITMENT FORTPI'L.E INSURANCE Transn2tion Title Insurance Company, a Nebraska corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title Insurance, as Identified In Schedule A, In favor of the proposed Insured named In Schedule A, as owner or mortgagee of the estate or Interest covered hereby in the land descrlbed or referred to In Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule S exceptions, and the conditions and stipulations of the pollcy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms,) This Commitment shall be effecttye oniy when the identity of the proposed Insured and the amount of the pollcy or policies committed for have been Inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and Is subject to the Conditions and Stipulations, This Commitment Is preliminary to the Issuance of such policy or policies of title insurance and alt liability and obligations hereunder shall cease and terminate 180 days after the effective date hereof or when the policy or policies committed for shail Issue, whichever first occurs, provided that the failure to issue such policy or policies Is not the fault of the Company. NOTE: THE POLICY COMMITTED FOR MAY HE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Transnation Title Insurance Company r��Zli I NS�9'�y� Attest: =NSEAL� By: y Secretar: ab° President SRA h •hy, COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall Include deed of trust, trust deed, or other security Instrument, 2, IF the proposed Insured has or acquires actual knowledge of any defer, lien, encumbrance, adverse claim or other matter affecting the estate or Interest or mortgage thereon covered by this Commitment other than those shown In Schedule U hereof, and shall fall to disclose such knowledge to the Company In writing, the Company shall be relieved from liability for any loss or damage resulting from any act of rellance hereon to the extent the Company Is prejudiced by failure to so dlsciese such knowiedge. If the proposed Insured shall disclose such knowledge to the Company, or If the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at Its option may amend Schedule B of this Commitment accofdingly, but such amendment shall not relieve the Company from liability previously lncurred pursuant to paragraph 3 of these Condltlons and Stipulations, 3. liability of the Company under this Commltrnent shall be only to the named proposed Insured and such parties Included under the definition of Insured In the form of policy or policies committed for and only for actual loss lncurred In rellance hereon in undertaking In good faith (a) to comply wfth the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated In Schedule A for the policy or policies committed for and such liabillty Is subject to the Insuring provisions and Condltlons and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for In favor of the proposed insured which are hereby Incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of actlon that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or Interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Commitment Cover - WA (Revised 4I03) SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company wlll not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) The Fallowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) ,any law, ordinance or governmental regulation (indudhvg brit not lim[tM to funding and zwing laws, ordinances, or regulations) restricting, regulating, pfohr61hng or relating to (1) the occupancy, use or enjoyment of the land; (II) the character, dimensions or iocatlon of any Improvement now or hereafter erected on the land; (111) a spamton in ownership or a change In the dimensionsor area of the land or any parcel of which the lard is or was a part; or (Iv) ervivonrnentpl protection, of the effect of any vialabon of these laws, ordinances or governmental regulations, except tc the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting From a violation or alleged vWdr:lcu affecting the lard has been recorded In the public records at Date of Pollcy. (b) Any governmental Police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affeclFrg the land has been recorded In the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the pudic records at Date of Porky, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3, DefecrSr liens, encumbrances, adverse claims or other rnatters: (a) create], suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the inarre,d claimant ano not dioclosecl in writing to the Company by the insured claimant prior to the date the insured claimant bacamp an Insured under this rnJcy; tic) resulting in no lass or damage to the Insured claimant; (d) attaching or created eubsequent to Dote of Policy (except to the extiert that this policy Insures the priority of the Iles of the insured mortgage over any statutory lies for services, labor or material or to the extant Insurance Is afforded herein as to assessments for street Improvemenb under coratimbon or completed at Date of Policy); or (e) resuiting in loss or damage whluh would not have been sustained If the Insured cialmant had paid value far the Insured mortgage. 4. Urienforceabpity of the Ilea of the Insured mortgage because of the Inability or failure of the Insured at oabe of Policy, or the inability or failure of any subsequerd owner of the indebtedness, to comply with applicable doing business laws of the state In which the land Is slbuntad. 5. Invalkdlty or unenforceability of the lien of the Insured mort;iage, or claim thereof, which arlsee out of the transaction eyldenoed by the Insured mortgage and Is based upon usury or any consumer credit probecdon or truth-Inlaw. 6. Any statutory lien far services, iaboror materials (or the claim of priority of any statutory ton for services, labor or materials over the lien of the Insured mortgage) arising From an Improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and is not financed In whole or In part by proceeds of the Indebtedness secured by the Insured mortgage which at Date of Policy the Insured has advanced or Is obligated to advance. 7. Any claim, which arlsss out of the transaction creating the Interest of the mortgages Insured by this policy, by reason of the operation of federal bankrupth:y, state insolvency, or similar creditors' lights laws, that Is based on: (a) thetransaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraud uient canter; or (b) the subordinallun of the interest of the insured mortgagee ova resuit cf the application of the doctrine or equitable cubord Ination; or (c) the transaction creating the interest or the }nsured mortgugee being deemed a preferential transfer except where dhe preferential transfer results from the I'd pure: (1) to timely record the Instrument of transfer; or (I I) of such recordation to impartnodce to a purchaser for value or a judgment or Ilen creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not umiied W building and zoning laws, ordlnanceer or regulations) restricting, regulating, prohlbittng or reiating to (1) the occupancy, use or enjoyment of the land; (il) the character, dimensions or locatlon of nny Improvement now or hereafter erected an the land; (ill) a reparation In ownershlp or a change In the dimensions or area of the land or any parcel of which the land is or was apart; or ()v) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulaLions, except: to the extra-lt that a notice of the enfurcement thereof or a nohre of a defect, hen or enumbranr.'e reaullang from a volaban nr alleged VIDIAtlon Nfrecti,Yg the lard has been recrded in Lhe public re cads al -Data of Polley. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting frown a violation or alleged violation affecting the land has been recorded in the public records at Date of Pubcy. Rights of eminent domain unless notice of the exerdse thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for vaiue without knowledge. 3. Defects, (lens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed ID by the Insured da Imant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured da lmant and not disclosed In writing to the Conn parry by the Insured claimant prior to the date the inwred claimant became an insured under this policy; (c) resulting In no loss or damage to the Insured dalmant; (d) attaching or created subsequent to Date of Policy; or (e) fesultirg in loss or damage which would not have been sustained IF the insured claimant had paid value for the estate or intereet Inmhned by this policy. 4. Any claim, which anew out of the tmnsacton vesting In the insured the estate or Interest khsured by tars policy, by reason of the operation of fedpmf bankruptcy, Grate Insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creatng the —Late or Interest;rsured by this }policy being deaaned a fraudulent conveyance or fraudulent transfer; or (b) the transaction cresting the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer reeutte from the [allure: (I) to timely record the Insttument of transfer; or (Ii) of such recordation to Impart notice to a purchaser Fur vaiue or a Judgment or lien creditor. Commitment Cover - WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE: INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (10-22-03) rn addRlon to the Exceptions In Schedule B, You are notlnsured against loss, costs, attomeys fors, and expenses resulting from: 1. Governmental police pourer, and the existence or violation of any law or government reguiatlon, This includes ordinanc�, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) improvements or the Land le) Land dlvislon (f) environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the vlefabon or enforcement appears In the Public Records at the Policy Date. This Exclusion does not limit the coverage described In Covered Risk 14, 15 lb, 17 or 24. 2. The failure or Your existing structures, or any part of them, to be constructed In accordance vAth appkable budding codes. This Exclusion does not apply to vidations of building codes If notice of the violation appears In the Public Records at the Policy Date, 3, The right to take the Land by condemning kt, unless: (a) a notice of exercising the right appears In the Public Records at the Policy Date; or (b) the taldrtq happened before the Poilcy Date and Is binding on You If You bought the Land without Knowing of the taking. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear in the Public records; (bj that are Known to You at the Policy Date, but not in ins, unL ss they appeared In the Public Records at the Policy Oate; (c) that result In no loss to You; or (d) that first occur after the Policy Date - this does not lin it the coverage described in Covered Risk 7, a.d, 22, 23r 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any tend outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) In streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described In Covered Rlsk it or 18. CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly excluded from the caverage of this policy and the Company will not pay loss or damage, costs, attnmeys' fees or expenses whlch arise by reason of: 1, (n) Any law, ordinance or governmental regulation (Including but not Ilrrllted to hulkdng and zoning laws, ordl hances, or regulations) restricting, regulating, pmh]Utlrxj or relating to (1) the occupancy, me or enjoyment of the land; (Y) tha dreracter, dlmanslons or location of any Improvement now or hereafter erected on the land; (III) a sepa radon in avmerahlp or a change In the dimensions or arm of the land or any parcel of which the land Is or was n part; or (Iv) environmental protection, or the effect of any vVatlon of these laws, ordinances or governmental regulations, except to the extant that a notice of the enforcement biereof or a notice of a defect, Ilea or encumbrance resulting front a violation or alleged vWatlan a0wing the land has been recorded In the pubfc records ut Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecidng the land has been recorded In the public record* at Date of Policy, 2. Righis of eminent domain unlesv notice of Ire exercise thereof has been recorded in the public records at Date of Policy, but nutexduding from coverage any toklrx3 which has utturrecl prior to Date of Policy which would be binding on the rights of a purchaser for value wtthont knowledge. 3. Defects, liens, encumbrarcesr adverse claims or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public recurrds at Date of Poilcy, but known to the Insured claimant and not dlsdosed In writing to the Compar y by the Insured dalmant prior to the date the Insured cialmunt became an Insured under this polity; (c) resulting In no loss or damage to the insured dalmant; (d) attaching or created subsequent to Date of Policy; ar (e) resulting In loss or damage which would not have been sustained If the Insured dalmant had pald value for the Insured mortgage or for the estate or Interest Insured by this policy. 4, Onenfbnttabll fly of the lien of the Insumd mnag aye because of the lnabhiity or failure of the insured bt Dare of Pcllcy, or the In_bi6Cy ar failure of am sul,.�equeiA owner of the Indebtedness, to comply with applicable doing buarrms laws of the state in which the land Is situated. S. invalidity or unenfarreabiiity of the Ih5n of the inaured mortgage, or cluirn t it cf, which arfaes out of the transaction evidenced by the Insured morVmje and Is based upon usury or any conuumer credit protection or truth -In -lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or lntered insured by this pouchy or the transaction creating the Interest of the Insured lender, by reason of the operation of federal bankruptcy, sblte Irrsalvency or similar creditors' rights laws. Commitment Cover - WA (Revised 4/03) SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY — STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Tuxes or uasesemel whirr are not now payable or which are not shown as existing Nano by the records of any taxing authority that levies taxes or assessments w real property or by the public records; proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons In possession, or daiming to be In possesslon, thereof, 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the puhllc records, 4. Discrepancies, conflicts In boundary Ilnes, shortage !n area, encroachments, or any other facts which a correct survey of the land would disclose, and which are nat shown by the pubic records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under Workmans' Compensation Acts, not disclosed by the pudic records. 6. (a) Unpatmted mining claims; (b) reservations or exceptions In patents or In Acts authorl2ing the issuance thereof; (c) Indian treaty or aboriginal rights, Ircluding, but not limlted to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shover by the public records. y. Right of use, control or regulation by the united States of America In the exercise of power3 over navigation; any prohlbtlon or Ilmitatlon on the use, occupancy or Improvement of the land resulting from the rights of the pubric or riparian owners to um any waters wh Idh may cover the land or to use any portion or the land which a now or may formerly have been covered by water. a. Any service, installation, connection, maintenance or constracton dwrges for sewer, water, electricity, or garbage collection or ditpasu 1, or other utilities unless diedosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY — EXTENDED COVERAGE _. Taxesor assessl which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result In taxes or assessrneritsr or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground eashanerl servitudes or Irhstailabans which are not disclosed by the public records. B. (a) Unpatented mining claims; (b) reservations or exceptions In patenter or In Acts authonting the issuance thereof; (c) Indian treaty or aboriginal rights, Including, but not limited to, easements or equitable sentudes; or, (d) watx rights, dalms or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 4. Right of use, control or regulation by the united States of America In the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or Improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. S. Any service, Installation, connection, maintenance or censtntctlon charges for sewer, water, electricity, or garbage collection or disposal, or other utllitles unless disdusrsd as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10-17-92) 2nd ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) No general exceptions appear In these policy roll Commitment Cover - WA (Revised 4/03) Order No.: C5 - 20328384 L 1= 14450 N.E. 29-' PI., #20C i°:r .i:r'i� Ew;fa Beiie�ue, WA 9$007 �` Phone: 425-451-7301 ransy� ation 840-441-7701 Fax: 425-546-8576 3. COMMITMENT FOR TITLE INSURANCE SCHEDULE Effective Date: August 24, 2007 at 8:00 a.m. Policy or Policies to be issued: ALTA 2006 Owner's Policy Proposed Insured: To Be Determined Amount: TO COME Premium: $ 0.00 Tax: $ 0.00 Total: $ .0.00 ALTA 2006 Loan Policy - Simultaneous Issue Proposed Insured: Amount: Premium: Tax: Total: To Be Determined TO COME $ 0.00 $ 0.00 $ 0.00 Commitment No.: CS - 20328384 Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective data hereof vested in: Bent Nose, LLC, a Washington limited liability company 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Transnation Titfe�Inf�surance Company By AwMarized sl n ture Preliminary Commitment Page 1 Order No. CS - 20328384 EXHIBIT "A" LOT 11, BLOCK 1, HONEY CREEK PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 59 OF PLATS, PAGE 57, RECCRDS OF KING COUNTY, WASHINGTON; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, SPATE OF WASHINGTON. Order No. CS - 20328384 SCHEDULES REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Standard exceptions set forth on the Commitment Cover. Defects, liens, encumbrances, adverse ciaims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior, to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY 15 1.78% FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: • A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE; GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, :F ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 344950 0055 YEAR BILLED PAID BALANCE 2007 $1,160.16 $0.00 $1,160.16 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,160.16. LEVY CODE: 210D ASSESSED VALUE LAND: $105,000 ASSESSED VALUE IMPROVEMENTS: $0.00 3. 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. 4. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE -DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE ~BADE TO THE CITY{COUNTY/AGENCY. CITY/COUNTY/AG'ENCY: CITY OF RENTON RECORDED: DECEMBER 3, 1986 RECORDING NO_: 8612D31455 ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT CR CHANCE IN THE COURSE OF HONEY CREEK- 6. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. Page 3 Order No. CS - 20328384 SCHEDULE B - continued 7. ANY REST RICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 8. RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 4867G27, 9. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OR HONEY CREEK PARK. 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. 10. NATIVE GROWTH PROTECTION EASEMENT IMPOSED BY iN5TRUMENT RECORDED ON AUGUST 18, 2006, UNDER RECORDING NO. 20060818000853. 11 12 CONSTRUCTION DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: BENT NOSE, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEc: CHICAGO TITLE BENEFICIARY: VENTURE BANK ORIGINAL AMOUNT: $1,368,465.00 DATED: FEBRUARY 1, 2006 RECORDED: FEBRUARY 21, 2006 RECORDING NO.: 200602ZI000663 INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LEND ER/AG ENCY/ IND IVIDUAL_ COVERS: SAID PREMISES AND OTHER PROPERTY THE DEED OF TRUST WAS MODIFIED SY INSTRUMENT. RECORDED: OCTOBER 11, 2006 RECORDING NO.: 2D0610110D0747 PROVIDING FOR: INCREASE IN PRINCIPAL THE DEED OF TRUST WAS MODIFIED BY INSTRUMENT. RECORDED: FEBRUARY 22, 2007 RECORDING NO_: 20070228003213 PROVIDING FOR: INCREASE IN PRINCIPAL APPOINTMENT OF SUCCESSOR TRUSTEE: APPOINTED: TRUSTEE SERVICES, INC. BY: VENTURE BANK RECORDED: AUGUST 3, 2007 RECORDING NO.: 20070803000748 MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. Page 4 Order No. CS - 20328384 SCHEDULE B -- continued NOTE 1: WE ARE INFORMED THAT BENT NOSE, LLC, IS A LIMITED LIABILITY COMPANY (LLC). A COPY OF THE DUPLICATE CRIGINAL OF THE FILED LLC CERTIFICATE OF FORMATION, THE LLC AGREEMENT, AND ALL SUBSEQUENT MODIFICAT IONS OR AMENDMENTS MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. NOTE 2: ANY CONVEYANCE OR MORTGAGE BY BENT NOSE, LLC, A LIMITED LIABILITY COMPANY (LLC), MUST BE EXECUTED BY ALL THE MEMBERS, OR EVIDENCE SUBMITTED THAT CERTAIN DESIGNATED MEMBERS OR MANAGERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. NOTE 3: THE COMPANY HAS BEEN ASKED TO ISSUE SIMULTANEOUS POLICIES WITHOUT DISCLOSURE OF THE LIABILITY AMOUNTS. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNTS OF THE OWNER'S AND LENDER'S POLICIES COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE FORTHCOMING OWNER'S POLICY MUST BE ISSUED IN AN AMOUNT AT LEAST EQUAL TO THE FULL VALUE OF THE ESTATE INSURED IN ACCORDANCE WITH OUR RATING SCHEDULE ON FILE IN THE OFFICE OF THE WASHINGTON STATE INSURANCE COMMISSIONER. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 4: TITLE WILL BE VESTED IN PARTIES YET TO BE DISCLOSED. WHEN TITLE IS VESTED, THEIR TITLE WILL BE SUBJECT TO MATTERS OF RECORD AGAINST THEIR NAMES. NOTE 5: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: VACANT LAND KNOWN AS: LOT 11, NE 17TH PLACE RENTON, WA 98059 NOTE 6: THIS IS A SALE TRANSACTION. THE PREMIUM FOR THE OWNER'S POLICY AND ANY LENDER'S POLICY REQUESTED IS DISCLOSED IN SCHEDULE A OF THE PRELIMINARY COMMITMENT. OTHER CUSTOMER SEGMENT CLASSIFICATIONS MAY APPLY, INCLUDING THE: BUILDER'S PREMIUM SUBDIVIDER'S PREMIUM SIMULTANEOUS ISSUE PREMIUM ATTACHED IS A BRIEF DESCRIPTION OF THESE CUSTOMER SEGMENT CLASSIFICATIONS. PLEASE INFORM YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE LISTED CUSTOMER SEGMENT PREMIUMS. YOU MAY REACH YOUR TITLE OFFICER, CHRIS SCURTI, AT (425) 646-8585 OR CSCURTIOLANDAM.COM. NOTE 7: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT -TRANSNATION TITLE INSURANCE COMPANY" ,MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1,. NOTE 8: THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. Page 5 Order No_ CS - 20323384 SCHEDULE B - continued NOTE 9: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENT'S TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT 11, BLOCK 1, HONEY CREEK PARK NOTE 10: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: TRANSNATION TITLE INSURANCE COMPANY 1501 - 4TH AVENUE, SUITE 308 SEATTLE, WA 98101 ATTN: RECORDING DEPT. NOTEII: IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERE—[ O, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN, THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. NOTE 12: THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. (END OF EXCEPTIONS) Investigation should be made to determine if there are any sever treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA 2003 Homeowner's Policy, the ALTA 2006 Loan Policy, or, in the case of standard lender's coverage, the ALTA 2006 Standard Loan Policy The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. JBS Enclosures: Sketch Vesting Deed Paragraphs All recorded matters Page 6 Order Ne.: C5 - 20328384 14450 N.E. 29d' PI., #200 F F L' tip ?� I .4qq Bellevue, WA 98007 Phone: 425-451-7301 Transnation 800-441-7701 Fax: 425-646-8576 CUSTOMER SEGMENT CLASSIFICATION ADDENDUM — SALE This Is a safe transaction. The customer segment classlflcatlons applied to this transaction are disclosed fn Schedule A of the preliminary commitment. Other customer segment classifications may apply, including the: Bulller`s Premium - For standard owner's policies insuring the sale or lease of new residential or condominium units. For a fender's policy insuring the lien of a mortgage financing construction for resale. Subdivider's Premium - If the land has been or is to be divided for sale or lease. For a lender's policy insuring the lien of a mortgage financing development for resale. Simultaneous Issue Premium - If an additional lender's or owner's policy is issued at the same time as the purchaser's policy, only a small fee is charged for the same coverage type and amount as the owner's policy. PLEASE INFORM YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE LISTED CUSTOMER SEGMENT PREMIUMS. You may reach your title officer, Chris Scurti, at (425) 646-8585 or CScurti@Landam.com. Please acknowledge your receipt of this premium disclosure by signing below. Name: Date: Please return to company at: 14450 N.E. 29th Place Suite 200 Bellevue, WA 98007 Attn: Chris Scurti Discounted Rate Disclosure Addendum Name: Date: HOUT CHARGE, FOR YOUR INFORMATION. T is NOT INI ED TO SHOW ALL MATTERS THIS SKETCH IS PROVIDED. PROPERTY NCLUDINGTBUT NOT LIMITED TO. AREA, DIMENSIONS. EASEM EASEMENTS, ENO ROACHMENTS OR LOCATIONS OF RELATED TO THE R OP IT IS NOT A PART OF, NOR DOES iT MOOIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANYASSUMES 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, RANGE: 05I= .,F('TION- 04 TOWNSHIP: 23N Branch :LAO,User 1089 Order: 20328384 Title Officer: Comment: Station Td :EOSi. WnEN RECORDeD RE TURN TO RENMOSE , LLC 4AMtlD AVBNUSNS ZOrM2at 1)ELLEYMOVA 980% 200902210DQ6H2.001 ! I 2006 22100. E��2y1p87484 R2�QpjCJIIN�g5 MI16q2 SRLE ¢125 ��9a, eQ E>AGWtl4 OF @at CHICAGO TITLE INSURANCE COMPANY SI47517 STATUTORY WARRANTY DEED 3 Dated 7MMARY14,M TfM GRANtbtt DARUCH RATSMhMAND P,57T W1 ATSMM ALVEAND A'ND WIM ( For and in enwideration of I Tmq DOLI.AmANDC!ImMoo00ANovAiuAm coNSEDERh'RQN is Land paid, conveys and wants to EFI�TNOS$11L,A WASHRVGTON ESMrrED LLmu rT,va)mpANY tha fedlowiog destAAe3 roaL astrue sitvaeed it the Czanty of mNG Stare of Wgsl,ingson: TaaAcm" Numbers): _ 3447w-an4D-04;34445p4ao4s•09:344450A050-ul;34495a-0055-06 LOPS 8, 9, '.0 AND 11, BLOCK 1, HONEY CAEBH ?ARIL, ACCORDINO TO THE PLAT THaB[=OF, R�COP.nED SM VOLLM 54 OF PLATS, PAGE(S) 57, IN KIM --=TX. WA-6HINOTON MUCH KATSAON �-'r- WHERKk76AfPN ruolfm.it®c DEVELOPMENT PLANNING CITY OF RENTON SEP 2 t 2007 RECEIVED KING,WA Page l of 3 Printed on 8/29I2007 2:25:22 PM Document: DED WAR 2006.0221-000662 Branch :LAO,User :LD89 Order: 20329394 Title Officer: Comment: 20060221000662.002 STATE OR WASHINGTON, COUNTY KING am. ON ^_HIS I,LL't = DAY OF - bWO-t-( , 2066, SEFORE KE PERSGNALLY APPEARED PHILIP KATSMAN TO NE KNMW TO BE THE INCIVTBUAL FPHO EXECOTED TH3 nREGOING INSTP.UMENT AS ATTORNEY IN FACT FOR BARUCH A&TSM&N AND ESTHER. KATSM= A= XCRNOWL$DGED THAT 6E SIGNED TF419 SAMB AS HIS ARSE AXV VOLUNTARY ACT AND DEED AS ATTORNEY ER FAGS' FOR SAID PRINCIPAL FOR THE USES AND PURPOSES HEREIN MENTIONED, ;VD ON OATH STATSD THAT THE POWER OF ATTORNEY AUIHORI$IAG T}U 9XBCaTIOX OP THIS INSTRMONT RAS t{OT llELN REVOKI'D AND THAT SAID FRINCIPAL TS NOW LIMING AND IS NOT INSANE. GrVEN UNDBR MY HAND ANU OFFICIAL SEAL TEE DAY ARD YEAR LAST ADOVB WRITTEN. NOTARY SIWA-, RS PRINTBO NAME: -El dA«- NOTARY PUBLIC xaf AiND F'DR STATE OP WASHINGTOtsf .,I". AT MY CQMM2:SSION SKPIRU EILEEN V. OLSON NOTARY PUBLIC STATE Cr WA@N7 WON C9Mk45E70N E�RE3 8 PTEMBER 9 2ODS Station Id TOT31, KING,WA Page 2 of 3 Printed on 8/29/2007 2:25:23 PM Document: DED WAR 200&022I.060662 Station Id :EOBL Branch :I.AC,User .L099 Order: 20329384 Title Officer: Comment: 2008=1000662,0403 CI-CICACTO MU INSURANCE COMPANY EXMRrr A PstrmNo.: L167517 COVSNARTS, CONDITIONS, RESTRI0TIO2t5, EASEMENTS, NOTEH, DEDICATIONS AND SETBACKS, IV ANY, SET FORTH IN OR DELINEATED ON SAID PLAT, C01MIANTS, CONDITIONS, RSSTRICPIOUS AND aSETIENTS CONTAXMED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR F.HSTRICTIONS, IF ANY, BASED UPON RACK, COLOR, RSLIGLON, SXX. SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, 71SABILITY, N3;-gDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE or I8COM8, AS SET FORTH IH APPLICABLE STATE OR PEDERAL LAWS, EXCEPT TO THE EXTENT --VAX SAID W9E19AN7 OR RESTRICTION IS PERMITTED gY A1PLICABLE LAW: RECORDED: .7ANUARY 20, 1SS9 RECORDCNG NUMBER: 4867027 ANY QUHSTIUN THAT MAY ARISE DDE TO SHIFTING AND CHANGING IN = COURSE OR SOUN^-ARISE OF NONHY CRERP., ANY PROHIBITION OR LIMITATION OB USE, OCCUPANCY OR IMPROVEMENT OF THE LAND RESULTING FROM THEE RICiM OF THE PUBLIC OR RIPARIAN OWNERS TG USE ANY PORTION WHICH IS NON OR HA9 BEEN FOOMPLY COVERED BY.WATER. sMM &MNm KING,WA Page 3 of 3 Printed on 8/29/2007 2:25:23 PM Documant: DED WAR 7-006.0221.000662 3 Ik r 4eG 1►u# a�� Der � �I Lx � tlr1�alTora, MASiIINCTi�!R•'�`' «.. •. � D. c�? pYYl�t'_� `0 H0. iOZS AN ORDIIA 1 riL CfLIY of RFHTON, KASHINCSON, 15TASLI311 G At 'POSED AMSSMENT DISTRICT *OH SANITARY SEWER SERVICE IN THE N0l1EYCRETI! INTZICWTOR SERVICR ARCA AND LSTAIWAXING THE AMOUNT Or THE CHARGE UPCW COHNECf'ION TO THE FACILITIES. ME CITY COUNCIL OF THE CITY or Rzwrow, , wABHIHGTON, m ORDAIN AS FOLUMr., SECTION Ie There is hereby created a sanitary sorer -service Special assessment district for the Honsycr*ek Interceptor area in the northeast quadrant of the City of Rento:. which area is more particularly dascribed as rollowsr Sea Exhibit 'A" attached hereto and rude a part hereof as if fully set forth herein. A leap of the prdlect area is attached as Exhibit 'a' and made a part hereof as if fully set forth.) SECTION IS! Persons vennecting to the sanitary sever faeilitiss in this Spacial Assessment district which prvpertiaa have not becn charged or assessed with the Cost of the sanitary Sewer swin, 0411 pay in addition to the payment of the Connectlon parmLit fee and in addition to the general facility and trunk ccnn■ction charge, the following additional tease A. Area Charges (Sev EMbit 'A` and `Is) Residence me dwelling units, apartnts or equivalantal - $M .00 per *welling unit Commercial Developments - 50 per square foot of gross site area R. Front rootage Charg@03 (See fAIM eCe and 60) Thar* is hereby created a subdistrict within the Honeyereak Interceptor Special Assessment District consisting of properties fronting on Interceptor Sewrrr rM M i= AT �i r[ 1f)f[dl1!#1M NL s U A1E it lMU MM CMTFKM 1. �s1l�NR Maxine E. Motor Mills C4 011601104 W100I00004 00 *0 M ft 11 IRM tndWRW@qP1►ef. QLAj .— an cma Su4"*60 Wd laid ft-10L dq vQS&21W4W im A r ORDINANCE no. 4023 The properties to be sae#ssad far front footage f are mare particularly described in Exhibit 'C' attached hereto and made a part heroof an if fully get forth. { The front footage charge shall be 037.19 per frontage foot, representing $14.32 per center line feet divided squally for property froi%t.in,I on each site of the center line foot. iY NECTION M o This Ordinancs is sffectivs upon its paassgg, approval and thirty 1301 days after publication. ti y� V PAUSED By THE CITT COUNCIL this 17th day of Nove+nber, 1966. i &XInG E. MOtOrt Ulty C er APPROVED BY TOZ MAYOR this 17th day of *wsmber, l966. ! i rpaMayor Barbara �S8 �'�t i1DCIG�► . 1 Approved an to form: Cl�b+�+�M.aI s�+r'►� ' awrence 4. WCrren, CityWttornsyy i Dote of Publication, November 21. 1986 J i i I Dated: January 15, 1958 Auditor's File Recorded: January 20, 1958 No. 4867027 HONEY CREEK PARK No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one .detached single femi.ly .dwelling not to exceed 1-1/2 stories in height and .private garage.!•fbr not more .than 2 cars. Iry dwelling shall be permitted on any lot at a cost of less than $8000.00 based upcn.cost levels prevailing.on the. date these covenants are recorded, it being -.the intention .and. •purpose• of the covenants to assure that all dwellings shall .be of -quali•ty, and workmanship and materials substantially the same •or better than that which can be. produced on the date these cove- nants are recorded,•at the, minimum -cost .stated herein for minimum permitted dwel2ing::.si•ze.... =.The ground •floor • are a of the main atrue ture, exclusive of one•story,,,open porches, shall not bq less than 900 square feet for a one story dwelling nor less ,than B00 square feet for a dwelling of more than. one ,,story.., ..Wi.th the exception that one-half the floor area of attached garages may.•be, included as. part of the main structure if a portion of said garage is used for utilities. No building shall be located on any lot nearer than 20 feet to front line, or nearer than .10. feet to any side, -street line. No building shall be located.nearer than 5 feet to. an interior lot line except no side yard shall be.require.d.for a garage or -other accessory building located 50 feet or more. from minimum, building setback line. No dwelling shall be located on. any interior..lot nearer, than 25 feet to rear of lot line. For the - purpose of. this covenant eaves, steps -and open porches shall not be considered A..a part.,.of a bui.ldiAg,provided, however, that this shall not be construed to.permi�.any portion of a building on a,lot to encroach upon another lot. No noxious or offensive activity shall be carried on upon any lot, nor shall anythi.ng.be done thereon which may be or become an annoyance or nuisance'to,the neighborhood.. No sign of any kind shall be displayed to public view on any lot except one professionalsign of; not more than one square foot, one sign of not more than -five square, feet,advertising the property for sale or rent or signs used by a.builder to advertise the property during construction and sales period,.. No structure of a temporary character, trailer, basement,. tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residerice either temporarily.ar permanently. The work of construction of all buildi.ngs.and-structures shall be•prosecuted diligently and con- L,inuous1y u l] 4-41 L, 41A4ng an{-`LLLtLresr7 are i0-µ-1i.1ly completed and Painter; AdL4,1.1L1and 4 as. to the exterior. appearance, within.12 months from the date- of commence- ment of construction, unless prevented by causes beyond the ownerst control. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Sanitary containers.for all waste must be used. All incinerators or other equipment for the storage of disposal of such materials shall.be kept.in a clean and sanitary condition. trenn4-A niin.A nn nmv4-.. nn arc 1 N. Page 2 Auditor s File No, 486!OQ7 No individual sewage -disposal system shall -be permitted on any lot unless''.'- the ' system is:, demigned, located:.and.;eoils tructed in accordance with the requirementa., standards and.redommendati.=5 of the city and/or county publia..health. a-athor�#ies. .,.,App,.roval 'of such system as installed shall be. obtained Xrom,,s.uch .authorities. ... These covenants are to run with. ,the, land' and shall be binding ,on all parties and, all persona claimingthunde� theca for a period of 15 years from the. date,:these.. covenants.: are reaflrded, ' after'. which time said covenants sha.11'be,. automatically extended.:X.Pr successive periods of 10 years unless an .ins.trument., s;I-gne-d- by &--rna jority of the then owners of the lots has been recorded.,. agreeing ..to change the, covenants in. whole or in part. . Enforcement shall be by'prooe'edings at law or in equity against any person or persona.: violating or, attempting to violate any covenant either to re- "..strain.-•violat,ion. or .to.. re.aover..damages. invalidation of any of these covenants by judgment oP'court order shall in no: wise af,fec.t..any.of .the oth,er,.,provisions which shall`Temaln in' full farae : _an.d.; effect.. 0 HONEY CREEK PARK SECTION 4,TWR 23 N" RANGE 5 €. W. M. KING COUNTY WASHINGTON HILL a INGMAN ENGINEERS . f _ � .r-.rlr •Y'"i' -- rT-T— .. .r ►r' a� : is it rIt r tO :x' n{f/r>, X� •h. iraa r re►:,wi' rar.ar ���'c. i� �y,•r:x 'r ki � � •33 � r�1 � / Lr/ '� !I J� ~ lc� rifi. Y_ f a.f` '•1 f � •��� $�6 AL 4 ` a ` .+ f�'r � �rre'ar_se'L• r,rra __}}u � ids �{� '� i a ,r.- kr �/ rr]Ys JE► ...�� a' .�k � til .•>t�, ,t. � r Y1}�4 � # .. -f,r/ n .F :-qh �00 rre»!a r rra. er SCALE {'• 100' I;��• der. s •rs -s a9e�u•r Jr.A+ /� oe � ww' —1 � . v'r_ � ? ' 7-z._ I..? ¢ s it OESCPfPT/O�f/ =� � C*eer1F/C,4TES Tf.-,s Pier of /iVlVeX C-01f:CA' me ,Ao AW r+M1 -*J' we 4*wrV riHA firA sr /LurJ? "f a✓O rrc/ of ric X'r✓/ j/G v/' fr e 4&l--44 e-rf �s rf i. .P ..ren rus rr ii r/ ''��+jyI N,� 1.Jdry/r/M rf JK1/per *, rl".FJ4 A, �,rrbvasr ofJ r1 'd 4� Tifs. l!.#' .Prrrp•r J'!• .Y. ,!! f. ({!,i/./ fwlr tAw rrriYeTiect � /iJ/eMtfJ p>. ✓!,w• cr.rrrrl,�r r T ETH,E.£ ✓vtTA' fiSs/pin-•1!� cf !A• !v% 0 r! /.ir .FSrifGt' /Airrr r/ I<irt /rt1' i� '�R-.�r+'r Jlrr irn! r1M ! /N Iwil 4 rF yJSFr-TwriSfr.v1 rife r-&oA5%+41 r."wlr A4e. A"Mow ,W. -aw aft► XrwnJl wfwp r1M/''r• .!'arfd .Pexyr .f E, .tK.,;I. , S ✓c /Or4 as /}A'rr� AfL,61'ACI.Y� rJ r frw� tw.�r//i✓ w " !1�r�/f►!1►iis r!rI! 4-!wol, �' i rsr Jar+55wr✓r inrr a/ �iid S.J-d!rlslas; +44efrr'FAA .SAr .Y.v/.C•r �y J.irc oI' serd abd'd+±Vl�•. r dlyr�e*Cr s! i0 qrl • OC".Wis/ - `• J T�letr -Fs /n J"!I ?S.7 I0 firl, w►e.'+► ri.-.fixe+ lY .W,�yyr. r d fi i+very -wore F'.yi3 qj�r +e'A l TJbrwle A►tair A'Mh1 /%f^Oi•frarr T c► .Ifs-M /'M iY•AUA/ l.i rrrs, r/r rj /,yr 4'7r11 lire AhOW J. Ar w+%.p. S./ rfd iir AAr y rf !'�.+.'fAi+ AW► Ifr'.il7Yi� YJ4 #yam . o�.�crc7fv.V _., W&ae:.arr 10 ae rf✓Es¢ . 3ell rs , .�frXlYsor+ dx/' :!/iTrr E 'i?�r'C'�rr," AIJ rorA , A>rM! ��/wr✓ ? � : ...►/ d/i►6r/i3• Frye aie•.ad, • A.0 R. +yM"71 AI' �a�a M . /}er► / w/ A'rrriy �Irrh efj y O*d[-AWW rwq 44F" drs'crrSra r!u lllr/irsr f /..4 /w14/h- /Q"a<ew' � Xr�'!Y?� or.rna..ra v e' r>� ys J.#ew+9 .fr.•,rr frrl r}ir► 1Fl�F �irM'+1�/Yr- .'•.. af Tr.N'c fr►r✓ .a+o/ yijraJ+er/flyr►1 a X* rS�f IJ! lifrJYIE /ri - .- .. a.i � .6/p/}�r/#/ �✓ PrlffY i /Js !IJ �N�.tJJ /"JJM'ryt�, ,:�. - A , i/+ /1I. P.lrrnbrn/S ar iAlf rI/O"'I�lc �ry�Nf�• /�'frfJ ,'(k/r MY _ _ .. - s�fa--.> a/ a fir ryti/ fa �,Ir NY .rrrvJJw+y J�IJ /fir rii�i, iw/ !'-� 6� /-fr Jef , J/ae•x , d f r1✓ i /r+rrr� w/r/MIr' .sfi •� /-+s.:-. P� r � r53r wiyJ...r/ .w,Ir..ww.i �l.tilrcy � . si /�srr�r fr r I , o .-.�.i✓ . ir,y✓ �.i rwaa �cwr.r .Iw�wr. - ry .►iJ:vES3 IrHE.tEOF Jrr +}� Arrrr}r'rsr Jr/ e�,Au`.y}'ii./ rrfi.:rrd o..r srrr. !-R JRArr «.,.rrf�rfr/rnn Xr/re !. .YJtwr/Jaa - Fyrs�Err./ �- 6 .•�.o f/� i6rrS1 rird� .4CflN0lYL EOGrs1ENT" SFO/C of /IJOJArll�fiarl� 4r�,-r +rr /M arra'i �,rrss � AW4ery• rK•J[4r, /wrviwekrr/�r - r� r>.� ��V.rf� .�i� �1.�fiJA7 iif I!'Fii� �. ,iftrlMO�li'► .t1�7 w.f► Qi',-.ro Fiy..-r�...s rrs/ I7'/.//1r.3► J "Ao �i — n'/r � fa ...r .e•►orw /a de riAr 1 /'►y's..r/✓ �r /y�. _ r. . fJ.:r ofis'�afnr>, ors .►r.I+rw`JP/jfd 'rir.,:�r'-'wMws ,i*r •' .. +ors r�I srrrid rdr J+w+r+ rV il/rJr /1w1&016lW mod'. ". - r.'T.w--ff -rew/ J"r%- 4Fy Bralach :LAO-User :LO91 order: 20308225 Title Officer: NW Comment. Station Id :EOEC 2P06081=006ra1.001 RefurnAddreas. City Clork's Office City of Renton 1055 Soatb Grady Way Rcntoli WA 98055 f 20060818000853 RENT 340ss Lm 34.0Y FAGEee1 OF eea e811612046 11:47 KXW COUNTY, 1lF5 Title: NGPr6 EASEMEW Property Tax .Parcel Number: TAX # 344950- 004p; TAX if 344950-00451 TAX 9 344950-0050 P.zrolca FIIo or 06029 5tree: ta:ersealm mRoxo[ Nave; TALT, FTR5 Grantar(s)_ Bent Nose, LLC. Grantcc(s); Bunt Nme, LLC. 4102nd Ave NE Ste 201 4102ad Ave NE Ste 201 Bellavno,WA 98004-5621 Bellevue, WA 9800,V562I The Grantor, as n mod above, far (M4 sn waaidcratiaa of rmitual hcnc8ta, hareby grnnlx, harguim, ael is and deliveN ie the alwve mamad Grantee, the fallowing dcfcrtbod progcm LEGAL. DI:SCRIPTION- LOTS 9, 9 AND 10, BLOCK 1, OF HONEY CREEK FLAT, V UL, 59, PG, 57, RECORDED LV KING COUNTY, WASHINGTON. -t-Z= GROWTH ?RDTEC.UON EASEMENT THE C REATION OF THE NATIVE GROWTH PROTECTION FASFMENT LNG Pr_) CON VEYS TO THE PUBU0A BEN Tl cw. INTEREST IN TIM LAND W]THiN THE EASEMENT ARRA SHOWN riN T14-9 ATTACHPO PLAN. THISINTEREST SHALL BE FORTHE PMOSE OF PRESERVING NATIVE VEGETATION ri)R'rHS CONTROL OP SURFACE WATERAND r:ROSION, MAINTENAN'(:L C)F SLOPESTABILI Y,VISUALANDAURA[,BUFFERING, AND THE PROTRCTR)NOFMAN'CAND ANIMAL HABITAT. T11E NATIVE GROWTH PROTECTION EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIER4 OF III fASBWFNT AREA ENFORCEABLE ON 061iALF OF THE PUBLIC HY THE CITY OF RENTON, TO LEAVE UNDISTURBED ALL TREES AND OTILER VEGETATION NVITHIN THE EASEMENT AREA. THR VEGETATION WITHIN THE NGPE MAY NOT BH CUT, PRUNED, COVERED BY FILL., REMOVED ORLAMAOCrA WITI 10ur EXMkESS WRITTEN PL'RMISS(ON FROM TflECITY OFRBNTON, PROVIDF,D H4DwFWFR THAT THE LE.ASTAMOUNT OF REMOVAL ANMR DAMAGE OF VEGETATION (S ALW WED AS NECESSARY TO CONSTRUCT, MAINTAIN AND REPAIR THE THREE SINGLE-FAMILY HOMES AND SURFACFIWATZR DRAINAGL CACILIPIES ON THF. PROPER TY. Ai R' VEGETATION DAMAQED Olt REMOVED IN THE NATIVE GROWTH PROTFi 71614 EA&VVENT MUST BE REPLACED WITH NATIVE VEGETATION. THE RIGHT OF ENTRY 18 GRANTED HEREIN TO TIM AOY_NTS, REP.RRSRNTATIVE AN0 EMPLOYEES OF THE OWNERS OR SUBSP.QUENT OWNERS OF THE VNDPSLYINO PROPERTY. COMMENCING AT THE SOUrHPAST CORNER OF LOT910 SAID ABOVE PROPERTY N39'20'2D'L• A DLSFANCF OF 86.89 FE T r TO 7TIE TRUE POINT OF BEGINN[NO; THENCE FROM TiIII TRUE POINT OF BEGINNING N 66' S 1' 1 S" W FOR A DISTANCE Op 50.93 FEETTO A POINT; ._ TIILNOBN441lT10"WFOR AD1ST'ANCEOF49.10FEE]'TOAPOINT, ' -' '1'lllu"vCBN 5P 24' 53" W FORA DISTANCE OF 43.71 FEET L'O A POINT; THENcs 5 64138' 31" EA DISTANCE OF 16,23 FEET TO A POLiT; THENCE S 72° 24'.341'E A DISTANCE OF 56.62 FEE;'I" 1'O A P01NT: THENCE. N 42- 00' 14" W A DISTANCE OF 17,62 FEET TO A POINr ON EAST PROPERTY LINE OF LOT W6; THENCE ALONG TIUS LINE N 36° 3 T D2" E A DISTANCE OF 76.50 FEETTO A POINT OF OHWM OF HONFBY CREEY4 THENCE FOLLOWING THIS LINT. S 421 II0' 14" HA DISTANCE OF IZ33 FEET 10 A POINT; THEN(M S 73° 24' 34" E A DISTANCE OF 41.11 FEET TO A POINT; !'HENCE S 641 nr 3111 E A DISTANCE OF 37,39 FEET TO A POINT; 773EW,Fi S 55" 2415311 E A DISTANCE OF 57.29 FELT I'D A POINT; THENCE S 44" 1710" F A DISTANCE OF 42.D5 FEET TO A POINT; THr,NrF. S 66, 51' 15" E A DISTANCE OF 43.3 S FEET TO A POINT; THRNf F S 4U 39' 40" E a DISTANCE OF RIM rfCT -10 A POINT!-CN WEST PROPFaTY LINE OF LNG WA Page ' of 3 Printed on 5/21/2007 2:27:33 PM Daamonc EA5 2006.0818CO0853 Branch :LAO.User 1091 Jrder: 20308225 Title Offrcar: MW Comment. 20090018000053,002 TALL MRS PROJOT x0.: Oam DRAWN RY: TO IOU8 barb 0�-53-06 uw i PAGE Ot CF OS r�* Q) 0 m J�� KA,rM rrPacORC* M eerin gID61 i6,1,i,G Ci 1 E.Ji—,i Yato6 ni eceY eJ Station Id :,EOEC: K1NGJKk Page 2 of 3 Printed on 5121I2007 7-:27:34 EM Document: EAS 2006.0819000853 Brunel[ :LAO. iser 1091 Jrder: 20308225 'Title Officer: NdV Comment. Station ld :=01 C 2DU808t80DOSS$p03 ]AT#1 0; i HIPNCL ALONG SAIb LINE 5 3D° ZO' 2U" W A 136TANCE. OF 74.11 }EET TO THE TRUE POINT OF BEGINNING. Mativc GrotrthProtaction Tiasemealshall run with the lend deacrihed hfrro4 mud shall bo binding upon Lhr panes, Lhcir heirs, socscasars in interest and assigns. Gramurs covenant that d:cy are. the lawful owners ofthe above properties and that they have a good and lawful htybt to axe: dea tills agieement. M VINESS WHER IF, said Grantor has caused this insLrument to ba excmted this V"day of pY . !L7 Ex�EvL. NuLary Srah must he urithla UOX lNDIVFDUAL FIVRI&VAf.'KXrIJRF4W--MV1'r ,WATAOp WASTWIGTON l Sy CDUN7Y0FAING l Ittrtlh(hatClotoworhmucsactalkcLoryrvldenLxshu____. - a ign.6 4i1.51n,W0 nr and nrknowlpCgtd Ilto of hMitrMdr= And VotugLary am rar the vsw wid purposes mmrfanad 4t Ufe ifu[ror i Notary Public in and for IN State of Washington My appooibntalt expires: Dated_ _ TO of 1V, , TMC.IUti } Sh f1F KI%* } i f kno+ ar hoe saGrfm u F. drat hd ro • died [ iy the VRhu11, fi dd rr.f a64 pR Ipf ftjaI N*tg y My al'ri pvtoiCx F\kIfD 029 Tell FinSlAiEtlGNr.DCD "acZ that signed rota iilsuniatnK on d to exeetltt the Itavu mn and d Vla ba thr free and ➢UrPOM LLLxnR011td in the 4-6 FDRM 03 OWCibtu'CA2-21-97 KINC,IVA Page 3 of 3 Printed oil. 512I -007 2:27:34 PM Dominent: EAS 2006.0818000853 3ranch .LAO,TJser :L089 Order: 20328384 Title Officer Comment; Station Id :EOBL RETURN ADDREMS VENTURE RANx AM, COWL LOAN CENTER P.9. Bolt 7600 LACEY, WA 99E09.9900, DATE; February 1, 2006 2006p22i0g0669.0g1 i ta T WL r W 1Lr< o KING 001k7TY, YN CONSTRUCTION bg�D OF TRUST Reforwee L (if applicable}: _ Grantor(st, 1. SENT NOSE, LLC Grantee[sI 1. VENTURE BANK 2. CHICAGO TITHE, Trustoo t� W7,S7-17 - y Additional on page _ Legg# Dascrlptiom LOTS B-11, BLOCK 1, VOLUME 59 OF PLATS, PAGE 67 Additional on page 2. AAZ$or'a Tax Parrai DO; $44950-0040-04, 344960.0045-D9, 81 495"060-01 & 344960-0056-06 THIS DEED OF TRUST Is dated Februaw 1. 2006, among SENT NDSE, LI.C, * Waddngtan Llrtdted Liblallty Company, who" addrass Is 4. 102ND AVE NE SUITE 201, BElLEVUE, VOA 98004 ("OranTOr"Il VENTURE BANK, whoa* malifag address is KENT FINANCIAL CENTER, 10914 SE KENT-KANGLEY ROAD, KENT, WA 98030 rraforrad to below mWetfines as "Lender' and sometimes as "Benot1alary'l, and CHICA00 TITLE, whose nicftg address Is 10500 NE STH SUITE 1760, BELLEVUE. WA W004-4357 freferrad to below as "Trustea'f, KING,IYA Page 1 of 9 Printed on 9/2912007 2:26:20 PM Document: TDD 2006.0221.000663 £99000*LZZ0,90T ass.:,uDLunooOT Fed LZ:9Z:Z L00Z/6Z/8 uo paIuud 6JO Z a�gd VA'tOlux DEED OF TRUST (Continued) PAge 2 CONVEYANCE AND GRANT, Far valuable comldmUm4 Cnntar corweys to Tm;tee In trust with panel of sals, fight of entry and posom%n and for the beno9t of tender n $menclary. sA of GrAncol's fight, tilde. •nil intarert ht and tD the Iallaniog da.edbad foal property, tapthw whh all .rd.ilm or ..bdcgUerxIy .,.Mart or .liked bVildlags, Improvements and tortures; sh •saemeM. ligma of way, and appurtenances; dI water, watel ugh" and cl+tch rights ;including stock ;" mrTdiea r,'Rh ditch of ir"Inlon r1Ah[ml: and it other eights. royalfi a, and pro..4 mlae to the real "-party. idrerudirtg sohlbbut Arritatimn oA tnintmI$, oB, g m. a.autarmal end ahnllar msltara, (the R98t PrbPSTty") Ideated In KING County, State of Wash1ngtonl LOTS B. S, 10 AND 11, BLOCK 1, HONEY CPESK PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME I59 OF PLATS, PAGE Sal 57 , IN KING COUNTY, WASHINGTON The Real Property Or its addtase In CRmmonly [mown Bo- EAT 8- NE 17TH PLACE, LOT 9 - NE 17TH PLACE, LOT 10, 11 - NE 17TH PLACE, MENTON, WA WIGS, The Reel Property tax idv iliricalion numbef It 344950-004"4, 34495D-0045-00, 344950-OOSO.01 & 3449t30-170 S5-DB. CRaSEl-CDLI.4TERALIZATION. In sdditwn to the Note, this peed of Trust aeetras all 001,irailonA, ddau and Aablhioa, plum interest M.non, of Glamor to Landw. ar .ny .-or more of them, as wag as au cldmm by Lender again% M— any ans Or roo- of Them, wftethaf AOW aeathrrg or herdatler eiwarg, whWhie Poteted of t1nflilwd H the lnJW2e of toe Nate. whatew .alo,emry or othefwaa. whalher dim m not duo, direct or indirect, deteurdned of undalermnud, ateolute of wrtingenL liquidated or unliquidated whether Grantoi may he 1'mble inclsiduany, or 1*i with edtefe. whether gbpgatad se guarantor, ayrety, sec*fnna datlon party or othenviaa, and whether toorlary upan such arrow. may be or han altar may become ballad by my st.ww of Umil rtiono, and whethel the obllgetlonto mq.rarfch amdvnte may be, h.mahar may became etherMse u,anfarceabie. r,JTURE ADVANCES- . irldltian t0 the Note, this Deed of Trvrt aaeu,es aU Irrurra arr"m + made by :ender Grenwr wircther or rot the edwwnccr ere made pureu.nt in a cehtmitm.ne. This Deed of Trust..runts. in aMiion to the amaUM *F4411 d In the Note. IrAune advenoes in afro amount of At,SO4,000.00. i.gerhar +eilh ai Intelsat thereon, mh ,h tutors advances Lander is obligated b =PA- as long as Grantor eomptea with all the terms and wndttlana M the Now or other loan egranmenh howevet, In M avant shall such frrhmnet advances lemchrding in«desd =add in the aggragata e1,804,000.00. ttrenmf twotq asdpna is s—hy to- Lmdar, au el Grantor'. TfghL title, end anla,an In and to all leamao, ft—f:, and profits al the Pr,;pany. This assignment is m—ded in aeCotdama With 8CW 85.09.070: the ben oraemd by Chia esslgnmem is irrmnood to be apoc$iA parteetad and ohuste upon the Hcocding of thiv Dead of T(tst. Lander grans m Glamor A Wilma w aellecl The Rama and profits, which Acance may be ranked at Le,&r'e option And shall he automatically ravokedvpdn eaetlerarbn of di or part O thm 1rMebTcdossm. THIS MED OF TRUST, V)CLUDI*G THE ASSIGNMENT C* RENTS AND Tw SECURITY INTEREST IN THE fLiffTS AND PERSPNAL PROPERTT, IS GIVEN TO SECURE W PAYMENT OF THE thlbEaTEDUMS AND Igo PERFORMANCE OF ANY AND ALL 08LICATIONS UNDER THE NOTE, THE RELATED DOCUMENTS. AND TWS DEED OF TRUST, TICS DEED OF TRUST IS GIVEN AND ACCEPTE7 CK THE FOLLOWING TERMS' PAYMENT AND FERFORMARGC. Erwrpt of alhamise provided in tiff Ned of Trust, Grantor snail pay to Lender all unLt arcu,od by this Died of Titral as thry hacome due, and an$ spta0y and In a dmaiy mtmef Actlarm an at Genitor`s abRsarlmrs under the Nola, this Mao at Tlusl, and the Rafted Doctments, CONSTRUG714N MDRTGAali. Th;& Dead of Trust % a 'conspvetan mortgage' for the pvrpmvs of 5actiona 16334 and 7A.309 of the ilnllurm Cpinmemlat Gods, as Vh aaotlbw he" been eoopted by the State of wa.1instow POSSESSION ARO MA1NTERANCE OF THE PRCINUITY. Grantor agrees that Gnnmr's possession and use of the Property shill be ppve,md by the fallowing pta.idfanr. Pusoe AID,f and lbs. Until the o—orrime of an Event of Daloolt, Otstnal may it] ,•main in paamisalon and eargral Of the Property; 12) use, opens or meraga the Property end (3) wifect the Room from the Preparly hhts privilege is a f1wrae hom London to Carnal Atnomatipagy MY09ed upon dafaultl. T7sa roRatying Pmvision• relate to me use of the Property., to ether limiteibos m the Property. The Real Properly is not used pdMip to for agdmibjrd "opsu. Duty to M*WJ,, Glamor Arun maintain the Property In unAm•ma oondlteon end promptly padmm ill rapiecamams, and malntaneiwe —toddy, to pteearve ha -Ia.Nph.m r, Wasp, Granlor &half not cease, cantor of partdi any nutmance nor memmiu parmlr, or suHar slay Wirstog of or west+ an or to the Pmpwy or .dry portion of the ?"Or y, NAthout IlmtHng the gmorality of the loregoing, Grantor Will not femovt. or g(ard to any attW tarry the right to remove, any timber. mb,erala llmludirg og and gas), wa6 el.y, ecerla, soil, grand or fact prodtme wNhout Lender's pour written taheenf. RemDvW of help .amend. drereor ah.11 not demo3ish or remove Ally lmpraveromls (ram the Real Property without LenBary prier wdeen aansary, As a bondloion to the teasowl of any )mmovamams, Leander may ugrrire Orantof To mete afrmgehi" saltsiectery to Lander to replace such tmpro..AnIs with Improvmwnts of at icast oat ..Joe. Laltder'e Right to Imm. tender mad tendeet agents end representadyne" enter upon the Real Praperry at all reaaomble dmas m nr•nd tp Landsr's ururesta and it inaptm the Real Propeny for purpolm of Gamor's CURlpitanpa with the terms and pm,ditisot of this Dead of Trust. Compll n e whh Govern"Wntal Ragtdnmmts. Graawr shed promptly ewftft and shag proroptty okoSo dompi once M all agerdc, tenants or toner porsans or anddea of avery narute wbgtsoeum who rant, lease or cawmiae t,se er omvpy the Property id any menrm, with all laws, prdifanc s. end roWledirns. only or here,11W in vff,m of all gofornmaneel Authorities applIcaoie m we use at occupancy or the Prog", Ihduding witltom Pnnitatian, the AmariDona Witt, DisebRNes pat. Granter gray mnrest in goad fallh any anrh law, ardll e, or regvbtiwh and withhold cnmpeen:e dwstg any procaedifap. ;nviuding appropdale appeala, so long as Grant, I— n otitied Lentler in whiting pair to doing ao ant ao long p, in Lender's Able .pinion, Lender's idurears In the Property are not jeno•rdmad. LoMor mar —f ba Warvnr to post adequa® .—r,ty or a surely trend, faronaety sadefaetony to Lender, to Prabedt IANJer'. trnmsc Duty to Pm dt. Gfanmr ag,maa neitha, to abandan ar 1"" anottir Med the Property. Banta, sW do all other ecm, in additlon to rhom mete .et lorlh mbeva in (hie aectlan, wNch from the cAanrptar and use of the Property are romonahty neeeasary To protect and promme the Property. Z00'£99000 iZZ091}0Z IHOE P111011s;S :"I LU103 :-1331330 all�i 4K'8-UoZ :191)10 620-1: nSP`Ov"T ii-mig Branch :LAO,User :L0S9 Order: 2032S384 Title Officer: Comment Station Id :EOEL 20060220W=3-003 DEED OF TRUST ICantliii l Page 3 Cohsphhedep Loan. If soma or ail of tno pmCauada of the loan sroatinp the hhdebtedrseea are to be used W owhvvucl a r;—i le:e w ma;tl#n of shiny enpovemmts on the Property, the Improyereente chap ba completed no letw than the maturity data of the Nora for /vwh earil,r date as Lenase stay r4uta by astsbfish} and Granter chaff pay in full e4 costa and eapweaee in —con wtth the work. Larhdru wdl dteaarrae hsheb omimada under iuoh tame And condinena as Lander. y deem raesunsay haealaery to lnwm [hat the Lhfenset created bythlt Deed of Treat Shall have Fail avar all Fravabla liana, baWdbtg those Of meta lei euol and —An— Lander may naval uncap other thugs, char dhsburearl raglaesrs ha auppomd by feehhlpted bals, axpanaa t Mavlts, waivers of Yens, oanapo llcn proprela reporter and much other daaumantation ee Landa[ may raaaansbly, requeet. DU( ON SALE-eIP1,11 ' by LGMaGR. Lander may, et Landor's action, 1At declare Irarredl due end pal as sums secured by this Dead at Treat or IRI 1rWompa rho Imafear late provided for in tho wets or other document .,is. nwing the Ind.btadmbra and Impose Duch other corvifTtare as Lender Blame apprepFit e, upon the eels Or trareal without Landerrs pYer written consent, of a-1 ar any part of the Heal Froperry, or any InteeeaS In No Rawl Property, A 'safe or Lmm lw' mewl Lhe mme enea of Fled Prupeny ., any rigle, title ar Imereat h the Reel Propaw, whether leper, bslcelioial or equitable; whether volumes) or imaiumaryl whother by outright seta, dead, trL ftl aaia cordra TF, land Tadao, corral for d®d, [vasshotd imareei wide . tam grasper then this# 191 Yana, haesaapdon "nil t, of by Tale, aaaigrvnsrht, or tmnsler of any banal Wamost in ar to any lendtruet h.ldkq 110. to the Now Nepal yr by any other madhod of wrwayanc, o1 an Inmrvet in era Rael a rvparrY- It eqy Granter }f a corporation, pvtnwaNp a limited :other Company, scatter also Irn'Ndes any change in ownership o1 more than twenty -fined p 44ff PEW of She voting steal. aarmaishdp Mail or oral Ill compact' Interests, ae tine case may be, pt aeon Gtenler. However, thJs op"n that[ not 40 Maralced try Lender If sash exerclse is prohibited by federal law or by WeairN1W law. TAXES A00 LMNft, The fallowing provinmr. refatbr g to the Texas and here on rho, r4aparty " part or Shia Geed of Trmat: Peym"p. Grantor shall pay when due (and Jn all avente prior ro dBlktgaanpld aft taxes, epeeist mxTt, ihtaessmams, thing" (lncludlnp water end Fewer), fines and 1mporXIona levied against or on account of the Progeny, and shag pay when our, ell cimll for worn carte on or for carvicw rendored or material furntanad to tin# Properly, 4rammr .theft madniafn Vine Property trao at aG Hans having priorhy oval or equal to the Iral of Lender under this Dead ct Yrua1, ..ells imr the ilen of ideas and --ant. nor due errs ..wept as mharwiae pre led In this Dead of Trust. Right to Contest. Grantor may witithoid payment of any tax, asaespment, or Balm In connection with a good faith dispute o%w the obpgstdan to pal ac long as Lander', Vhtereet In the Properly it »otj#opard[red, 11 a fill ariaaa or Is tiled An a rasult or ,tmpayment, Grantor Shag within fifteen tl61 days attar the lien arleas dr, if a lien la Iliad, within fifpean 1161 Jaya .Eger t,rantpr has wrl oo of the F&ll Sol the diartirl of the Lan, or If'equesl by Landes, del with Lordor Cash or a bur fir laid sorporbte sivety tend or other aaourlty satisfactory to Landes In an anneal awfivsnt 1p d4clharga the lien club any MMS and ottemvla' tees, or Otter ehl that could acuue as a rawh e1 a foreclosure. or Sale under itlr lien. In any contest, Grantor Map dafand ilaeg end Lender aid Noe satisfy MY eclva'sa judamam balata adlo.Wa,nam agalrat Ltha Property. 43aia a shall nano Lender AS an adaifronei obligee under any,testy bond fwnishad in the cunuSat proce#dir,ga. Will of Psyresa. Grantor Shall upon demand fumath W Lander fatlatacrory avldance of payment of the taxes or absooni ems and ahsli ahrrhaiire the aoproprisia govarnmr+taL peril eel to dadoar tq I -Al at any ilia a written ;T.rx mend of firs texas And,Ase/irtaams ,gal lha Praperty- h4odoe of Ounatrual grantor ehhs4 notify Lenov at L"i RRasTt 1151 days before any wort is oahrrirl any aervlCao are 1rcrWhed, or amy materials we supplied to The Properly, it arty nhBettniWS lion, meLarialmah'a Ill or other lien could be "Parted on amount of the work, vwotoea, or material, Granter will upon 7eweet of Lender lwhlah to Lander adY naa aaauranow eattsfill to Lender that Granter obn and will pay the cast o' aaav Imprpy ram, PROI'FfiTY DAMAGE INBVAANCE, The following pravisiars refatlltp o Lnawbhg line Property ens a pan of this Deed of Treat. Mslmtsnial e1 kwvr+ryes- Grsrdor shad clown, and molnieah poll of the Ipauran b, with standard aat,noW coverage endumements an a replecamenn baste for the full ehaurabar value c Iriq eft Improvements on the Real Propel In en amount awham r to vo d appliemnern of arty celdawarl trial and whh a slandand mortgage. elousa in savor of Lander. Gra-,tor shag also pr ra anti momtdin comorchwnew, gen—th.bEfity caner c m su:h aoye,pe arrwrtntc ae Lam- r.,af rhilraeat withh T,uate. era Larder :aL7g „amsd'ss addWar al dnsurada ',, ewh Nabifhy Inowsnce policies. Adriitlunapy, Grantor acid eraTmain el Other Inerursdce, Including but not limited to hazard, Iweanass Interrupton, and bopsr inatrancar as Latafer may raasocabfy require. Poacim Shay be wflttan in roan, amounu, eavocogas and basis recA ly accoptnbfu to L*Adef and Issued by a company of companies marcrhsbly aw:eptaefa to Lender, Grantor, upon r4lr i of Londef, will deliver To Lender from time to tiros the popolee or rrafdfloatatLaf }nsurmee In form mthtaotera to Lender, IwILdlrtg Wpuledons that ooyeragse wdl not be carat letl or dimine6eld vAthoul at least ern 110) days prior Mitlah nellea to Lender. Each Insurance pallay also shall Inoludo an wdhxsamsttt providinp that coverage ire saver of Lender will not tm kes abed Fn " Way by era/ act, Omelet pn or delsuit of Granter a any other petaon. Should the field Property be located In an area designed by rho Drpeotar of the Feda•,f Ernargmsy Management Agency as a spr laf lived hazard eras. Granter agrees vo oboln and maiman %tiara[ Flood Irwurande, 1i available, Wilhln 45 days after notice IF given by Lender that the Property Is bcased In a special flood hazard wee, for the h#i r,npard prinwkul hall o1 the lob. aid any piles Liana on hha p+opartr &—mi g the loan, up ti this, maximum pity fil set under the 1Jadwnw Flovd Imarl oa °raTzhi, cr as otherwise requital by Lender, and to melmakn Tveh i,uuranoe IN line taren of the loan. Application of Prsesbds, Granter Shop promptly notify Lender of any Idea or damage to the Property. Lender may make proof of Loan tt Gramor fDU to do as whlan fifteen 11% d9ye 61 the 011"Altir. Whottar a not Lender's aecudry, I. impa4od Lender may, at Lendcf'a electionl receive and retain the proeeeds of serf insurarme end apply the proceeds to the 1W lion of the Indeb[edrhnee, payment of any Ilan affi lblg 1hd Praperty, or the restoration and repair of the PropwtY. If Larder elects to aoMY the of(ro eds to restoretron or" repair, Gmntnr ahab repair or replace rid damaged w deaheyad lmia—manls in a mennr aetiafal inn Lando. LSnda ,has, upon —bsfawtary prvo1 of Duch ,si"ridilute, pay or reiml Gramor from the proDaada for ft ra"onabfe eatl of repair Or miloretim if Grantor is net in default under this Aced of Trust. Any prodaede which hays not been dfasursed wiNln 180 days after trap fall and wtlah Lender ties shot comarri d to the lepalt ar r"rorauon of the property shell be "sod Brat to pay any amount owe hp do Lender unaar this Deed of Trust, Mn to Day acehued Twerest, and Vha ramllrcial If amy. chaff Do applied to pine arineiptr balance of rind Indwira as. If Lender held. Arty otozodoht attar payrraemt I. foil at the Indoblocall such prcvasds snap be Pea wlLi—E interasl to Grantor as , Grantor's Imsrasm may appear. Gmnoar'a Report me tasural Upon radrue r; or t,ander. hovravar not mars then ones a Year, Grenmr Shall ;wnLM to Lair i a report on each existing Doilcy at Insurance andwtrhg; Ill the nama of tno infraiN 0 the dad insured; 13i the amount of the polloy; S41 the property insured, the then Cartel leplaromant vaua dl ewh prWany. and Fire memhbt of deaarmining that value; and 01 the eaphario, dare Ol the policl vranror elroll. upon IING,WA Page 3 of 9 Printed on 3/29/2007 226:21 Pl%A Document: TDD 2006.0221,000663 Branch .LAO,I7ser :"L089 Order: 20328384 Title Officer: Comment Station Id EOBL zaasoz2t ooasss.00a A,e1 ajge 4o" Aq paallmW Wau�e ;o of Japual u lJ p4s wp uvalpm;o 1dl4wi +aµq tAEp iC) ae,4t uIgMm J4pµal at ajq.yJt 11 1— Pue JePual pue Ja —13 at y+alwwvus J4ggvaseel ovyd a Jq Pue lauurtu v u! 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ALMJ ; 'a4g 'saxol Ile6urhtd ,n auA*4dgp of PmeuN lou mq 0QFnJW'17epdo+dde swaW apval 4241 Wpm Rue a1[ti let Palva4ga aq iw 11s4t W41 Aaw Il24aq a,,mae,p uo Jmxm 'awamP.0c PaieroN Aup Is 1-1 to Rana v141'pun A4d w eZiogOAlp Pt pe,inba] o mWalt, xwnoulo Age anp ua4,a Aid 1a oW40slp aJ W41t1 ¢,)MRI} at p64,, U tau rK HuIPAlwl -ewawnaoa AalalalA Ave J0 tW V1 Io Pa40 H4r fro va!gAaJd Apr Oil+w AVdwa9 w sl!e) +olueJo N Jq Attadv,d rot u1 I imp! ;. spual ;ao}ie 041sla7rW ➢InOm JA44 peouawwpa n 6U!praPwd Jo ugl0e Aut J1 '93HrWGNddX-1 3,=N31 'JGadwd a41 to 7aaslwwaarttlw ofW, 49eq awl WWAlap 1W-1 as Jae!wdds luapumapq fit orsy'npUn 10 isanbol y eBD4 (PglnuouO-o) isnul do 633❑ KlNG,WA Page 4 of 9 Printed on 8/29/2007 2:26:21 P-M Dacumcnt; TDt7 2006,0221.000663 Sifmch :1:40,User :L089 Order. 2032S3S4 Title Cf£cer: Comment: Station 1d :E03L 20060=1000663,005 DEED OF TRYST (Continued) Page 5 Addranaaa, The —fling eddree.e. of Grantor fdebtsd and Lender ;secured party] From whloh Fdrarm.ttan cdfaamgV drA sadurhy interact premed bV this Goad of 7tun may be o6rairatl I-1, ae mgtA d W 1ht Urdfayn rommeR a1 Cbd•1 am a, clod on the Arat pas• 0t this aced of Tniar. NPITP ER Ag;W109SSr ATTOFMEY-IN-FAGT, The fOgovOng woviabns reletlnit ro hurter adauffiI end attomavandaet ua a part of thus Dead of Trust; As'ther Aaaursnoss. At any time, snd from tine tO time. upon itcI of Lender, Grarrtar wig make, mbouta and dstiver, ar Will cause to be made, amcwed or delivered, td Landw a io Lender's daeipnet, and when raqueddd by Lander. aeuae To be rRed, recorded raffled, or rerecorded, as tie vase may be. at atieh timae and in such olks:e and of "* ra Landar may doom appropriate, any and all etch maetgaga6, loads of vast, security deeds, security apreemaaa, Ilnaneing atetaments, continuation etabomerdt, Instruments of furdter asstfande, certificates, and orh,e documents as may, in the sole gpnllao of Lander, be 690eacsw Or dealrebn in wdar to ofrxtuau, eomprete. part ed, commas, or arassrva Ill Grantor's obRgetions under taw Nate, this lived of TrI snd rite Relatad 0—cm-C., and 121 the limy and mcudty irdemm efaaled oV tnfa NO of Trust es first and prior bens on the PAVarry, Mwthtr now owned or hamatoe; aogtdred by GrAI UnIasv prohlbew by low w Lender sprees to iho agnhay in wriLing, Ornntw atdt r•irnbrrea Lw4o, for sit 004U ant axpsnsea irrturred h oonnecffon with the mallets ralarred To in this paragraph. Anormi,t faoc V grantor falls m do any of the ttdnpe weaned to in tits preeedfng paragraph, Lander may 40 so for and in the nemo 01 Grantor aced Gra at nlor'a eapwoo. For lucn purpirl", CalArruee hareby ireav6eably sppaims Landee as Qrantor'e atmmoy-in ieot rim eta purpose of making, ewaotding, delenoring, flNng, recording, and doing all ad— dray. ae —V b , one —y or d-k.bi., le Leach's con apinion, to acoardpeah the meners r•firred To In the prnedfpg pafagrmpls, 1 ILL PEIIFDRINAMCF. if Grantor pays an du. Irdabmdma-, Iroluding wi Uuovt ltrdtadon aft future advene", when due, and .the wl a performs III tho Ddlgrtlorte Irmpoved upon Orentor urtdar thta Dead of T10614, LVWO shag sxedute and dellwin to Tructap a request tar Iu(I aponveya ae and ahap expculs and deliver to Grantor suhabb etotements Of ta;mination of my finanoing atatament on [lie avldmelrg LondWe sooudty Interest h the Koreas and the Passed PrOII Am mcomeyansoo foe shall be paid W Gronror, if 00,miLlOd by epplioahk Taw, The grantee In any rooarrvayanee may be dosortbod w the 'potaon or pamtuy legally ondtled thereto', cord the ecalrela in the reeomreyarce of any n attar or fella shall be 46,rch va proof of the vutmrdnose of any, wall mattara or faota. EVENTS Of DEFAII Each 01 Ih0 fellassmrg, at LI option shin cdml6uw an Event of Nitwit under this Dead of Tr-r; Payment Dgfouh, Gfantpt Earls ea make only gtymant when due i.4. the Indaht.,a eau. Other aafeuha. Grano faits ,a wrI Will or to partarm any other tram, 4b460on, cowmarrt or eonthHon aatrtelnad in his Deed of lervat er In any at The Aeleted Docfanuda or iq cump)y with or to parroi'tYY any taffr�. ,blioationr covenant or ...didan vontelned k> any otrset egraament betwarn Lander and Groram, Comdknca P•fsuh, Fallura to como?V with any other ten, abligadon, covanarrt or condition Centa4ea In iris Dead of Trust, tha Mom or b any of the Related 6OcvmanW. o•F•ult w other Peymseta. Failure of Mentor whh:n the time required by this deed of Trust to mete any peymam For texas or inaturrI or any other p"roart nace..ery to pavan filfnp o1 or to sheet disehaeps of any Ilan, Wauk To Favor of Th" Panles. Should Grantor datault under any loan, aatenalan 00 credit, security agreatmam, purchase or sow agreement. ar any ogwe agreement, In favor at any artier wodhar are penson that may malorMly affect any of Gmnlar'a property 0r Gterxar'e ability to repay the Indabtadnme ar perform their reapeotire abllgedone under this Deed of Trust or any of the Related Documents. Fat,. Statement.. Any warranty, regimentation at statement made it foaiaded m Lundeu of Grarroe ar on Granipr's behatf under lhia Geed of Truce ve due fleinisd ooaumamers is fafea of mideedirtg in any material respect, aitner now ar at the lima made or fufnished or becomes falm or mleleedkig a[ any time thmatter. D.facdr. GdLfaraga.ttafr. Tfis Dead of Taut ar any 91 the Bellied DaGarnanti cacaos to be kr Na 1Otcs end afl0c'r {Including ianiure 01 arty 0oltal.ru dacumant to erotte a valid and perfected Security frMI ar gent at any lima and for any matori t7.aete Or W.N—.y, The dlasotutIon of Grereer'a (eapaoS ,* of ,shatFar •IatI to —J— 1. medal, say w6mbe wiL4drawe rrdfn ffsa abutted ImblIty or any other iwminat4on of Grantor'. aatataea;e ® a going businEse or the death of any member, the ifionlI of Grantor, the appointment of a recmar for any pert of Gramer's prgRWY, any easigneram for Ina bereant of oredfigra, any type of uaditor wwkmk or the cornmerwamard of any proceeding under any bankruptcy or Inaolwroy laws by a spinal Gremor. Cmdltat or Forfelnrrp Proceedings. Corninarra ment Of fcraoloetre dr iatreh4ne prooeodingo, whether by JVdu*1 pro,;ewh g, Nell -help, asposWsslcn Or any aflrar method, by Orly credlew of Grantor or by arty gavwnmenW agency ag•Inat any pruparty saouring the irdebtvdrrsae. 1I 61audas a pinminhmeot of any of Gearor's acooumc. Including deport[ a0counta, with Lander. However, blip Event of DofaWr shell net apply it {hero Is a good fafih dispute 4y Grantor as to the vaildlw a; roeeanablertesa of the tiahaa which Is the ten*i. of the oratgtor or furfakum procasding and V grantor lava. launder wrlbah hobos of iho emilhoe or forloft— proe:aadhig and el"miia with Lancer mur"t of a euroty bond for thadmr e enr 1—lourm . praenatlrnp, in on amount determined by Lads, in he *oua ,cFe diI a. baiug an adequate reaeNe or frond for Ate dins , onach c1 odaaf Aprae I Any broach by Grantor under the terms of any oilier agreemant hare n Grem of and Land. that is oat remadiea within any pro.. p-.d proaidad Ilutin, inahtdhei without gmitetlon OM agmsmant acnaareeng any indebtear— cr other ohtipation of Grantor w Lunder, whether axiaVrig now or Inter. Events Atraating QuareMer. Any 01 the preceding everIm 0eeura whh respect to any Guarantor of arty at the Indobtse[I or, Any guararnar dies or Names Inceenpatent, a; revokes at dkphea the vaMity of, a J164MY ureter, a" Guarani of the Inda ebdwo< u, In rile avwm aen t a de nh, Lender, M in on, re lay, but shall oat oe rmulrad W. permit the Guareoor's sataca to mime unoor dttinnegy TM ubllgedott artring under the g*aromy an e manner astlefemory to Landau, and, ut dung ac, curs any Event of Deteuk. Adrwse Cliental. A material advorea change wau q In Grantor's IlnamaNl contlitlon, or Larder 11aflaVes [its plospect of pavmsnt at parfoemmoo of the Indebladnese Is bnpaped, Iesacusity, Lander in good IM0, iwlirret imelf itbsaum. Right to Cure. Ii any tlafeult, other than a detaull in payment U eur.La end If Cramer het nor been 1]II a nollae of a b:aech of the same prdvlaldn VIM. Deed of Trust whhln tte lomoeding i"N. (Sit mornhe, h rraey be wrod if Gran6l, after re"Mrie; written notice from Lender oomandino cure at ouch default: (tl cum. vas Gfauir within tan (lot dnye; or M if the ours mquiras mar than ten j10 days, Immadlei•ly Idll•fea *tape wtdch Land. dean. in 1—i ... sofa d'isotation tc oa svir.Wirt to curs this III and dr.raeftar comhua, and complete. all rsaiiWable KINGMA Page 5 of 9 Printed on 3/29.72M7 2:26'.21 PM DocmnenL TDD2006.0221-000663 Brarlch:LAC,'Jw.L089 Crder:20328384 Title Officer: Cornlnen-: Station Id :ECBL 20060221=1663,006 041 uodn PW--I.- GO". put 'JoAwd 'ailP •'P lie Mwe Idpne Ile,is •+-fudafd e41 to oaurAsnvoa U10411M •aatmn Jad[*w*nm L41 •ta*,alul ul aJyr*. 4- G1! ,o :&Purl Aq put pamPLx. *4 I!e49 YJoumgsul *44 Pau roalsrn;o[vaapn. *'y1 J9 OMAN Put *weu .41 Pu. •Paplaow SI 15311 po pveQ sm PAW JagW.N •d3 s,loupay *41 Ja abed pUr 10a4 aqL '>OSyBJ♦7 Pua 'Paun,1'J*Pya1 IGVJ6!Jv 241 Ju I&IuM GAP'1Me1 MIS Ail PD'Jnbw eAttew i.416 IR .1 WPIPPt v!'vlwu�m do 1104• l-Pul R41 'unl4ul IAA. to-mS'dSULLa'd ONI4 0J04-1 .41. 10 anlip *41 u� paPlooeJ Put Japuel Aq PadpalaaauWt ptry Palnaara :umunMul ue Aq %moll la POGO IttA At" p*iu!OddG M21131 Au* 01 Iiakonrl lotsadaet* 01u?wddt *wP 01 .Wp wg,p ABW 'W!bd* 9�apulrl to 'Japb,,l '*.LsdJl ,am.*wana •M*J *Iggo!Idda AA p.pIA0a0 lutlxv In out qL puv WK oauOuuoaas u a- ae44• ul 'arludRwv[ Ialatp.( Aq asgoalal 01 '4 01, .41. only pe4s APuat wu 'alt* PUP aO!R. 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The word 'Imprauemenos• means eE exiatinp and future Improve —Et, b-latrelp, awctvrey, mobile homes aff> d an the Peal Property, dacAltrea, addtiatfs, fepfacaments and othar tatlstruation on tha Real Property. hrdebrednexa, the word-Indaumeralas' means as principal, tMaresl, and other mm,tris. can and spa —as payabk undo, ms Nose or Rrletcd Documents, agether with aL renawals ol, 9ra naiwra Or, modlficatmm of, aanaalidatlene al and aubalitutiona lot the ttota ar Polated D—nnanla and erry amdvma expender ar advanced by Lanier to dlacherge Grahary obligations or espouses incurred oy Tmites or Lender M enforce fdrentor'a WGSi tio- ender This Oeed of Td t, togede r with minas; on attar arnc, m as pfasdded in this C—d of Tlusl. Speefdoally, whhaut hmitauen Odebtednsas inolvdes the futura advartm set ionh in the Futvra Ad—caa 4foalabn, ntgathar with if interact lhoroan end aA amounts that may be Indhaeily se --,.ad by the Cross-t=Uhatarelhatwn pmvia on of this D"d bt Tm%L Under. Tha wwd'Lander' means VENTURE AANK, its altailizears and age pg Nate. Tha ward 'Nda' means the oromiasory note dated Falnuery I, 2006, in the Orlg3nal prindipei amount of $1,368,485,00 )10m mentor a tedder, together wilh au eonawals at, a sled. a Of, modlleatians at, relinenrings of, corMidationa of, end substituimns for Lha pramlaaary trot, w agreement. Nivricir TO QAANTDR: THE NOTE CONTAM A VARIABLE INTERMT RATE- Peraonaf Property. The words 'Psraonaf Freporry� mean ell aoLipment, rodum, Ahd other artiplea of p,mano: property now or thresher owned by Gramar, and now or hefeallas aaeched of allixed 10 the Rea? Prapartv,- tegemer sYth au aepassions, parts, wad additions to, art raplannmentr of, and dl anb,%Vt Orts foe. e+ry of such Trapprey; and tog4thar with all kaeuas and profiu rhemen andproceads (inol,aiing whhpr,i luonetIm ainsurance MOW; arq =al,aldx of pmmiumsy Iron any aate or other diapesition of the Property, PTopinT- The word "Property' means cOl[Udvely floe: ReaE Properb, pro the Personal Pro"tty. Real Property- The wo,da -Real Pecpemj mean Iha real property, immeeta end d9hts, ea rurth+r d...ib d in this Deed a1 Trust, ReleW D,rc a nti, The wards 'Related Documenta' mean ell prorrii—ry notes, cmdit agfaements, loan apream 4: gvarenAas, secadnr agreerfrtMb. mortgages, deeds of vwt, coca y, deeds, c Ihterai moregay;3, and a9 other mawmeau, agre for and clacumenro, whath.f now v tooredhar ea.0 g, erecwh! in ee,mea ion with the fndeb[adnna; pm ,dad. that the enyhpronentai Indamnlry aWeementa am rnt'Releted Doaumantw` and we hot —.1fid by We Dead of Ttvet, Rama, The wofd 'Flow" —a— all p,eaent a„d IUWm ,ants, rayenues, Ha *, issues, myatrles, proflu, and pnrat oanarlts darfved Imst the Ptoperry. Tmstee. The word "Tewwo- means CHICAGO TITLE. whmn malting address is 10500 NE 91'H SUITE 1780, BEf LEVr1E, WA 08OO4-4a57 and e,y setstfmo Pt auen iw iwiwree. 0PANTOR ACKNOWLEDGES HavINO aEAO ALL THE PROy1910NS OF PHIS GEED OF TRU6T. AND ORaNTOR AGREES TO 17S TERMS. GRAfaTOPt JUDIYH R. HOLDEN VrNr NOS a NOTARY PU$LIC SIAif OF WASHINGTON CDMMIBSIGM EXPIRES c TT F CAMERON oral BEFIT >« t.i CsGtaUER it 2009 JTFPHINL"N GAMENV4q, Mem r of DENY EHT�LL LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 9TATe OF f✓ i — - - — as COURTy RP _J�4 On lhta 7 day Of , 20 d7& , Oaf— me, Lho ,dldeaai9ned Notary pubis, paraonstg aplxarao SCOTT I CAMIRON tmher: JCSUHINE N�atON, Mamber.o( BENT NOSE. LLC. arse pemedahy known W me er graved ro me on basis of lsaft4cimy eAdeno, to he members or designated Agents of dta IlmiLad Ealldhy company whet executed do Deed at Tmst and aakAOwladgad she Deed of Trust to be the Noe and wWntaiy am and died of the limited wbltity, eompaoy, by avrfroetry of elarute, ire arlklaa of orgarnhatlo„ ar ire .V-nditng agro tv the tzea And ptapeaee therrin mentioned, and on oath stared that they an aulheriaed to ..acute it;. 1wt and 1n fact a%acuted the Deed of Trost on behah OI lha hmned flalydity epmpany. 8y Raslding aI Li`>lG/L.Ar» JS.tr Henn Poh11a In and iorthe 5t44 of,/.O My saran nTsS;0n expires 800'898000 L�ZDSW: IQH. ar uotlElS :Iuaiu(uoQ :Jaoiijp ap?1 b8i SZyOZ :;ap�p 680?: lasi1<��1� �a riQ Branch :7.AO,Uscr :LQ89 order: 2b328? 8,1- Title OfEcer: Comment: Statiml Td FOBI, 20060221000661008 DEEM OF TRUST �Conthuedl REQUEST FOR FULL RECONMANCE To: TNTIBB The undersigned le iha i"M G—, end hvldw of •II kWbrednesr e•curad by this Coed ai Trust. You ere hereby requ ated, upon pa},nerd of ajE 4tlth4 owing to you, to reconay withqut vfarranty, V the persona emitted therm, the right, iitla and imam nm MW by yvu vgdn the peed vF Trvet Dam wmfi ury: or. fts HING,WA Page 9 of 9 Printed on 8/29/2007 2:26:22 PM Document: TDD 2006.0221.000663 5rarluh :LAO,Lscr :L089 Ordar: 20328384 Title Olfiver: C.umment: Station Id :BOBL Electronically Recorded 20070803000748 3NGE0 SYSTEMS INC, WHEN RECORDED MAIL TO Page 001 of 001 Trustee Services,Ino. OBl0312007 12:115 P.O, Box 2980 King Caunty, WA Silverdale, WA 98383-2980 20070803000748.001 AST 12.00 APPOINTMENT OF SUCCESSOR TRUSTEE TSI # W 133425G Originaf Trustor. BENT NOSE LLC Oiigi7W Trustee: CMCAGO TITLE Onginal Beneficiary: VENTURE BANK Dated: 02101/2006 Accorded: t17J2112005 Re-Recotded: Auditors I Lsstrunient #: 20060221000663 Ajiditor's I fustrumem #: Bcxrk / heel: Book / Reel: "age: Page: Filed for record in King County, State of Wushington Whereas, the undersigned is dre present Beneficiary under the Deed of Trust described allove: And whereas, the undersi8ned, who is• the present Ileneticiary under said Deed of Trust, desires to appoint a Successor Trustee wader said Deed of TTaSt in the place and $lend of present Trustee thereunder, Now therefore, the undersigned hereby appoint; Truatce Services, Inc. as Successor Tiisstee under said Defied of Tiust. to have all the Nwers of the Chigirral Trustee, e"feetive immediately. On M312g07 Venture Bank [leather NL l,itrzueld Acting Agent Su : of WA, County of KITSAP Oo W0312007, before me, the under dgner' a Notary Public in and for the State of WA, duly commissioned rind mom, personally appeared heather M. Litchfield to me known to be ncc Acting Agent of the corporation dial executed the foregoing rostrum eu, sod aekaoz=ledpA dae said instruitient to be the :ree and voluralaly sot sud deed of said corporatiun, for the uses and purposes theieiu mentioned, and an Bath state that he'she is aathurized to execute the said msnumcnt. Witness my hand anus official seal hereto affixed the, day and year first above mitten. Anna Lisa Anderson Notary Public for said State arrd County 4ly commission Expires: 071Ofi12048 Rotary public $t9IA41 �198iY.85glolt Anlra.u88 Anderaorr CDnntlaslun Fapires 07.0448 KING,WA Page 1 of I Printed on 812912c07 2:26:30 PM Doctament: TDD APP 2007.0803.000748 Branch :LAO,User: I.089 Order: 20328384 Title Officer: Comment: Station id :E70BL 26061011000747.001 P4TUAN ADDRESS: VWTURR SANK XrQ COM'L LOAN 1} Cued F.O. SON 3800 LACEY, WA 9e809.3800 //jj�� 2kt11 //�� /J�//���jy�J 1 000 A i a'1'7 CHIP C0e18appolggr 002y"1 38.90 KINCiCOlAtTY 1 SIJfFB MODIFICATION Or -DEED OF TRUST P4 7 ReFarence A (ff app4ioabW: 0.093 '2c�y3 imoZ'ZAL70 Q GC1 Additional on page Grentor(e): 1, SENT NOSE, LLC 3renteefs} 1, VENTURE BANK Legal Description: LOTS B-11, BLOCK 1, VOLUME 59 OF PLATS, PAGE 57 Additional on page 2 Assessor'a Tex Parcel IDA: 344950-0040-04, 344950-0045-09, 344D50-00EO-01 & 344950-005E-O& THIS MODIFICATION OF DEED OF TRUST dated August 10, 2006, Ia made and amouhtd between between SENT NOSE, LLC, a Washington Limited Liability Company, whose addrots is. 4 • 102ND AVE NE, SUITE 201, BELL WUE, WA 98004 ("Grantor -I and vtiNTURE SANK, whose address I; KENT FINANCIAL CENTER, 10914 SE KENT-KANOLEY ROAD, KENT, WA 98030 I"Lander" ), K NG, WA Page 1 of 3 Printed on 9/29/2007 2:26:39 PM Document: TDD MOD 2006.1011.000747 cvcCao' I I01'9OX C[C)N Q(2,i :juounziog IMZj 6E:K Z L0CZ/6Zr/g uo pa1TITJl C JO Z a&l MODIFICATION OF D] ED OF TRUST 10antinved) Page 2 DEED OF TRUST. Lender and Granter haub ammAd 1— a Deed of Trust dated Aogua 30, 20CS {ens rOsed of Twwt"i wh'ch has been rsoordod in KM Cwmy, Stern df Waahingmn, A. lodevra: ltd..rded P.bruery ZT, 2006 onaet loop Cpamy Audiwra Ft. No. 2000OZ21000663 . REAL PROPERTY DESCRIPTION. Tire Deed of Trust govera the ion"Inp dea 6h d rent propnrt} located in rLNG Couity, STam cf Washington: L079 B, 9. 10 AND 11, BLOCK 1, HONEY CREEK PARK, AGCORDIHG TO THE FLAT THEAEOF, RECORDED IN VOLUME 59 OF PLAYS, PAVE IS) 67, Ri 10NG COUNTY, WASHINOTON The Reel Properly or Ib addrean is oxrtoony known ea L07 6- XXXX NE 17TH PLACE, LOT 9 - NE 17TH PLACE, L137 I% i1 , WE 17TH PLACE. RENTON, WA 98C69, The Rea! Prooerry tax idemifiaas.Un number Is 344950,0040-04, 344950,-0O66.09, 3A4960 t10S0-01 4 34496"066.06. MODIFICATION, Lander and Gramm hereby mpddy the Geed ol'rrus es follows: The pdncipy amemr, a1 the Non-Aevahlnq LIOs 0 Credit It behq ku:rewed bur, 51,10,466,00 W 11,435,908,00. CONTINUINO VAQDIT5'. Except es espteuiy modtf4d above, rho terms of thb onglnei Coed of Trott sham ,emafn unchanged and in full fordo and etfeei. Ca, t by Lend.* W IN. Mvillfiaailon doer not wai-o Lender's right to requuq oaiat pa+fpnarenae 01 in* Used of Trust as changed above nob obligate Lender to auks any future modlR6adens. Nothing in this VKKMcetfan etWl mmdr a satiafaction of the p-11in nary note or aft, credlt agreement deco e,d by the Deed or Trust [Me 'Nuts'I. It u in. L t-f- of Lendar w r eln as book all ponies to the Deed of 7:us- anti all Remise, makers and endore.rs to tha Nora, IreXudkp aewm•,7v1O Oa per0u, unlaea a party 4 errpreealY ralbaaad by Lender In wrlpng, Any maket or endorser, inckdvl0 abeommodation makeu, a.'tall not he rafeamd by vlrtue of this NIe4Nrdetion. 11 arry pmbon who .ionad the anginal Deep of Trust does not aign tits Wwditication, than at peraons slgning below acknowl.dp. that this MacRikwion is given ocrid, MANY, based an rho reprnaentation in tender that the on.lgning peraan eermerra to tit+ etIonRes end provief.tns of dsls W4d f1catron or 67-wise W01 not be rafacasd by It. This waiver applies not ort'S' Yr any 4dli0l extension 4r raadlnnetltrt, but also to all emi, aubseauont actions. GRANTOR ACKNOWLEDGES HAVING READ ALL Tito FROVIM= OF TNIB MODIFICATION OF DEED OF 7RVST AND 43RANTOR AO:REEs TO ITS TERMS. TH[u mub& :A71ON OF DEED OF TRUST m DATED AUGUST 10, 2008. CiAANTOA: BENT NO6'b!'LLC v.�.'��zE?t?:Ik-lam."-.4.} Yciz:.e. F, CAMk73AH, at.mber of BEN Sf 4,, X�IFITIIM, , em .r Of SENT OSE, LLO IENDER: VENTURE BANK x Auwr +, r,LIIMITTED LIABILITY COMPANY ACKNOWLEDGMENT STAYS OF 1Y m G I S8 COUNTY OF..�, On thc, ffivA der ei { , 2a -I.- me, the unlarev- Naury PuTl�c, perearteny apoasrad SCL7TY P. t1i smear; J08FPHiNE N, GtMEPON, Mgmber of BENT NOSE, LLO, and paraeneRf known to tuo or paoved to me an the bdola of aatetio wry a0dance to be mambmm or designated .goons of the Hmted ilablih e0mdeny Mat mooted the 104dlneatlon of Deed of Trust and q;knovrtadged the Modification to ha the froo and whmto,y am sad deed or the line ad Ilablil[v Company, by auRwr[ty of etabmO, Is .fricke aF organ®tiun or ita tifWating agra.m.m, 101 the u. find purposes therein MINAUoned, and on bath autvd that they are ainhofized to sauna this MadtRaaOion and ➢, het WAO.Wd oft Mudirk:abon on h"" of th. II—W Imbtliryc moan �TMuwpr+ YNAI� A-ldfngat wi +n Notary Pebble Nt end Tor the State of 1fn ,' G 6,�a.{fi M4 carcnlaaion aaplrec 6 ;p rfkl`i� i71' A All Z0O•41'L00% W &300Z v1k1'rF)-q T1 'I901 PI u011RIS -lUaUIWOD :-MaT33O a[;!j b9E3Z£OZ :-aPJO 680T �'An'OHT T O=E[ Branch :,T,A0,T_ise; :L089 Order:2032S384 Title Off-,=-: Comment: 200SI011000747.003 MODIFICATION OF DEED OF TRUST (Continued) Page s LENDEA ACKNOWLEDGMENT stn7C OF } r ss COUNTY 4F } On this day of 2L Lam, netore me, the wdetslpned Musery PtuNm, M'oorta y appevad L :,SA_ utd peraanalty known to me or proved to sae on tie ttpi a at sawlaowty aw — to be the V I— edthedted a tar the Lander that. b"Cu ad tha within and fnrego;N lntvutnaet and aax ladgbd ■old i trwratd to Im the tr a orunt�iy c and load of the Said Len6et, dory eU&w JZ tl W the I. -de, tl��� its board of dXam or oth ko for o ea sN pwpoaea therein mentloned, erd on Dail stated that he or she ad oumotod to etaahta th;o c In en e+ a aael etfi: 2 Notarryy Ynbuc R a et a Slats of Waahl"ton No v Puhlk In . d for ftre State of PEGGY BYANE Mr eme 5esidn aspires Y COMMISWN ExpipeS Sepf.9, "q KING,WA Page 3 of 3 Document: TDD MOD 2006.1011.000747 Station Id :OBL Printed on 8/29/200 7 2:26:39 P'_vi 20070226003215.001 RETURN ADDRESS: VENTU3Ll BANK ATTN: CUNT LOAN CEN7ER P.O. aox 3800 LACEY, WA 98609-3800 MODIFICATION OF DEED OF TRUST Referenne # fit appllcablej: 4M AddStionai on pagr- Grantor(s): 1, BENT NOSE, LLC Grarlteefa] 1, VENTURE BANK Legal Description; LOTS 6.71, BLOCK 1, VOLUME 59 OF PLAT5, PACE 67 Additional on page 2 Assessor's Tax Parcal iDt 34495O-OO40-04, 344950-0D4U-OS, 344960-0060.01 & 344950.0055.06 THIS MODIFICATION OF DEED OF TRUST dated February 16, 2D07, Is made and executed between between BENT NOSE, LLC,-a Washington Corporation, a Washington Limited Llability Comparty, whose address is 1215 120TH AVE NE SUITE 110, BELLEVUE, WA 99005 (-Gewtor"} and VENTURE BANK, whose address is KENT FINANCIAL CENTER, 10914 SE KENT-KANGLEY ROAD, KENT, WA WOW 1'Mender"l. MODIFICATION OF DEED OF TRUST (Continued) Page 2 DEED OF THEIST- Landat and Grantor have entered into a deed of Trust dated February 1, 2006 (the "Deed of Truct') which has hme racardad In KING CnLmty, state of Washington, as loWws: Recorded February 2i, 2DO6 under icing County Audltors F"ue ilo. 20v6022100663, subLatfhinHy ntod; ed ay Modification ut Uead of Tnrst dated August 10, 2006 and recorded under King County Auditor's File #20081010OG747. REAL PROPERTY DESCRIPTION. 1"ho Dead of Trust covert the followirs0 described raai property located in KING Courrty, State of Washington: LOTS e, 9, 10 AND 11, BLDCK 1, HONEY CREEK PARK, ACCORDING TO THE ALAI' THEREOF, RECORDED IN VOLUME 69 OF PLATS, PAGE ISI 57 , IN KLNG COUNTY, WASHINGTON The Real Property or its address is commonly known as LOT 8- XXXX NE 17TK PLACE, LOT 9 - WE 17TH PLAC`_, LOT 10. 11 - NE 177H PLACE. RENTOW, WA 99050. The Real Property tax identification number Is 34496"04044, 344960-0040-09, 344950-0015"1 & 344950-0055-DF. MODIFICATION. Lander and Grantor hereby modify the Deed of Trust as follows' The prindpai amount of the Non.RCvofuing Lino of GredK is being Inoraaaed from $1,436,$Q8.00 to ti'6111325.001 CONTINUIffO VAIJOITY, Except as expieasiy modified above, the tsttrro of the ohginoi Dead of Trust shah remain unchanged and in full torte and affect. Consent by Lender to this Modrilaatlon does not waive Lander's rlgttt to require atriat performance of the Doed of Trust as changed above nor obligate Lender to make any future modifications. Nothing In this Modilloatlon shall constitute a setisfactfon of the promissory note or other credit agreament sevurod by the Doed of Trust (the "Rote"). It is Use intankian of Lender to mteih 49 table A parties to the Deed of Trust and all ponjA4, makers end endorsers t0 the No%, including wcornmods6on paftise, unlaas a party it expressly relaaaad by Lender in w"rig. Any maker or endorser, Including accommodsGen makers, shall not be released by virtue of Oil$ Modification If any parson who signed the otiginat Deed ut TrkW ones not sign this Modification, then N! pmone signing below acknowledge that this Modlf *tlon 4 given conditionally, based on the repmaentatinn to Lander that the non -signing person consents to the changes and provisions of this Modlffoatlon or olh"iiac win net be released by it. Thla walvar applies not aNy to any in -Vat esrtenslen a modlficallen, but a3sn to all such sutrsaquent anions. GRANTOR ACANOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION Or DEED of TRUST AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF PEED OF TRUST IS DATED FEBRUARY 10, 2007, G1 ANTORt BENT NOSE, C Par, OTT F CAME ON, hlergher of BENT NOS£, LLC By: JOH NE N *MEMO M�.rs NOSE,SS LLG LENDER: VENTURE BA X Author of i ZOOTE ?Z308ZZ0lOOZ 2007022800.9213.003 MODIFICATION OF DEED OF TRUST iContinuedl Page 3 LIMITED .,�LIABILITY COMPANY ACKNOWLEDGMENT STATE OF i�VLS0)6 T y I ss COUNTY OF Y1A)6 I On this A6 � day o1 K � l/ Lt G! r `F._ _ 20(��, oefore me, the undersigned Notafy Public, personally appeared SCOTT F CA0.0ErtON, berg 14SiPHlNE N CAMERON, Member of BEWr NOSE, LLC, and personally known to me or proved to me on the basis of saticfacmry evidence to be marnbers or designated agents of the limited liability company that executed the Modhication of Dodd of Trust and acknowledged the Modification to be the tree and valuntery act and "ad of the iimitsn`liaWity company, by avthoriry of statute, its arttolea of organizellon or itc operatirtg agroement, for the uses.6rtd:.puipnde fhsrsin mentioned, and on oath stated that they ere authOtiied W execute this Mod�oation and in�ta�ctfe"�ra t �ii3'11' .0ificallon on behalf of the broiled 1fabilit aomp y. rr �•Go�' p'•, a3y Xp'S Atain¢Q L f'it% t t.tl—' i. Noteiy PtidliC En and !ot the State 6f * '•Y� pE1Bw-tlsslon expires 43f ST 0 LENDER STATE OF COUNTY aF_ ffI NStery Pbficup State of Wistdogla t ss PEOGY BYRNE MY COMMISSION EXPIRES e2009 I On this_ day 20 f before me, the undersigned Notary f'ubfrc, raonaiiy Rppsarod and paraonaliy known to ore rdVad to me pR the basis of satataolery evidonC6 to be the _ , age t to he Lender t [ executed the w13dn and foregoing instrument and abknawledged said Instrument to be the free end vc unlnry ad a claad of the said Lender, duly authofixed by tfta Leader through its board of 6tactors or alh lad, r the a purposov therein tnentloaadr and on oath stated that he or she is authorized to sxeuuto this said f "i"' nt a th a al affixed is the corporate seat of said Lender. gy `�AA.ReWding at"( Y ;'"' Notary P fic M an t f tha. State of 41 1—�-�"' lily aammlesion expires ,__�\ - ue..rro.�r.. +..esesum +,.. rt.o-•••.--ems.,..,., .'co�.iay..,�,,,,W.-,.s.Js �wnfu,re�servr�srw.c n..a. •nt—- - Printed: 09-2 3-2007 Payment Made CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07-107 09/21/2007 03:16 PM Total Payment: 1,150.00 Current Payment Made to the Following Items: Receipt Number: Payee: bent nose Ilc Trans Account Code Description Amount ------ 5010 ------------------- 000.345.81,00.0007 -------------------------------- Environmental Review ---------------- 1,000.00 5022 000,345.81.00.0019 Variance Fees 150.00 Payments made for this receipt Trans Method Description Amount ---------- Payment -------- Check --------------------------- 1007 --------------- 1,100.00 Payment Check 5546 50.00 Account Balances Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00,0002 Annexation Fees 5007 000.345.81,00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.B1.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 OD0.231.70.00.0000 Tax Balance Due .00 .00 .00 .00 .00 .00 .00 00 00 00 .00 .00 .00 .00 .00 .00 00 00 .00 .DO .00 .00 .00 .00 .00 v cin MaN IN OF �E SEp 2 12997 R0705055 Remaining Balance Due: $0.00 REVISIONS; REVISIONS PER XXXX22 r C) r ° C) 0 z �— Y O O O W U:) !al � W F - W C� Q Ld Q J Q re = 0 LL_ Q 0 V) .a; 0 � 0 z � N f� 0 0 �tE � a zU Uoc °�a- C E •— Q3 fjl,%om E �N CT L J L.Li C) z Q - S U i V) tj z z0 II w z _j D�-Q C)O Z W H J Q J V) Q U V) o W I:J 7 O 3� U tY in Q w f Q V) 0 0 C) z 0 V) w w PORTION OF THE SW 1/4 OF THE SE 1/4 OF SEC. 4, TWN. 23N., RNG, SE., W.M. 44�o 9f i ton _ to i' 942 z Lu ! t0 z 94 (WJ 4 ,85 11a__ _l { qM ` 0020 iO 92 C Q / V �X � I L. 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P-1 • • 4 IOWA 1r I z z Ill cc LL V cr) Lo NT /-'IN N >C LL 0 1 L (14 b' 0) �0) ■ ® 0 0) LLjw -rI .JZr. W N �N m >W� 0 Q 0 u z�WW C zoJ4 O Ill SW= LL mgtmOL PROJECT NO.: 07019 DRAWN BY: CJB ISSUE DATE: 09-20-2007 SHEET REV.: NEIGHBORHOOD DETAIL MAP 07019N001.DWG 0 z REVISIONS: REVISIONS PER XXXX22 i