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Report 01
11 A PORTION OF THE SW 114 OF THE SE 114 OF SECTION 10, TOWNSHIP 23 N, RANGE 8 EAST, W.M. ATE' rx S71x UTILtri LMATtb S S C-1 HEnE SRC wPRq- rE PA.Y- [T BALL . r -- "SIX RE9SIX 1110IY r➢ ➢EiERXIHE THE EXAET VERTrCK AN➢ MR[Z�4TAL LIXC ;IOX 7 ALL ES ISIMG LxoEAcannP UriL IITES PxIOR 0 CrAEXCIXG CP�srRI,CY[pa xp 4EPR£SCXrai1R1 IS W➢C rH4r ALL Ell-. L TL[71ET aRE SHpYM IKRE➢IL rHE EwwzR ASSUCS b RESPG 11 LILY rM uill[rlEs xoT S,�ux 1p UTILITILS WIT m- Ix r�[R PR�Ea LpEAlIOX EALL SErdw r.0� DiG I-BOS-i2�-355s r S 813'20'41' E 150.34' W 60,02' 90.32 z "rnp '0' EASEMLNT 170' 2007D322aaT311 ILA z v Sa. 7 w m `OT q 4� mE7(. S id�lp HO 5 gti52 REMAIN ,., Ia H 5 0 ���a p 15' UTILI TV .7 EASMT REC#4287252 I J R=25.D' z . T 60-02 - r-r - -m- - -- w 64.64' 1-39,92 I 5 88'2o'7ET.32'rN E ST:L- HT OF WAY IC 7TO ' BE DEDICATED ` SHORT PLAT INFORMATION: TOTAL AREA: 0.34 ACRES PROPOSED NUMBER OF LOTS: 2 ZONING: R-6 R/W TO BE DC DICATED= 1,645 5Q. FEET PROPOSED NET DENSITY, 5.4 LEGAL DESCRIPTION: EAST HALF OF THE FOLLOWING DESCRIBED PRCPERTY: THE 5PUTNEAST QUARTER OF THE NORTH -'ALF OF THE NORTHWEST OUARTER OF THE SOUTHWEST QUARTER BE THE SOUTHEAST QUARTER OF SECTION 1D, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; EXCEPT THE NORTH 67 FEET SECTIONAND EXCEPT THE EAST 30 FEET THEREOF, CONVEYED TO KING COUNT' FUR ROAD B" DEED RECORDED UNDER AUDITOR'S FILE NO. 3065639 OWNER: CLINTON THOMAS FOSTER, AS HIS SLPARATL ESTATE 6450 SOUTHCENTER BLVO. SUITE TCB SEAIIL" WASHINGTON 98188 SURVEYOR: MEAD GILMAN do ASSOC. 17625 - 130TH AVENUE NE SUITE 104 WOOD IN VOLE, WASHINGTON 9B072 ENGINEER: OFFE ENGINEERS, PLLC 13932 SE 159th PLACE RENTON, WASHINGTON 98058-7832 WWI g Z GRAPHIC SCALE _ CL CL I n,.w �o tia Lu 0 0 RECOMMENDED FOR APPROVAL _ ➢,tom � _ senoixaoi ➢axe. .we xo. [MG NO. ➢otr ➢ntn OF DEVELOPMENT PLANNING 0;TY OF RENTON MBAR 31 2W8 RECEIVED CITY OF DOYFAShORT PLAT RENTON.WASHINGTON RENTON no. rsFnsoNI w ju V 0 0 z 0 .. ... ..... m 0 0 0 n -T --------- --- m r2 co m & 0 0FIT L 0 0 z HOQUIAM AVENUE NE to z m m fA .99 > 2� w SHORT PLAT TOM FOSTER ®4FFEFriGINEHRSDOYEA TOPOGRAPHY AND TREE PLAN DEVELOPMENT CPLANNING CITY O EWON MAR 3 1 I► W8 RECEIVED Y L rt gel HOQUTAM AVENUE NE ■ �r S U � 6a i1a� 9 ffl o_, ��® �■�a�i'i g a � I Ae� DOYEA SHORT PLAT LANOSCAPF PUN VAR-11, VAUY VAUY f R JGrF VPW3 ' la ds ape achr�ct 2r�3 iaceL— .� 95Ce s s +125-A96-4R'X7 DEVPU-'jPviC,NT PLAWNG MAR - -1 2008 P F ECEIVEU �Y� f �S1 � � a R �F i� M r*1- { n I m i HOQUTAM AVENUE NE 777 Ri F« LL L a k is REVI510?JS �f ,�� JW LkY, dILY V�L CY x� �if V, �'r nds i arc rLcs DC,Y�A SHORT PI AT �� $g�= 'ANDSCAPF PLAN i� c 0 - %-VIEW kr6N '�-Eb�; DOYEA SHORT PLAT SW1/4, SE1/4, SEC. 10, TWP. 23N., RGE. 5E., W.M. LUAL _ ND-— 521 _ SHPL UNPLATTED 1 UNPLATTED i " N1LL Y1114 B� D. SO rA OF w Yam— �_ F" plr2 OR for 0,1 u s of uwE N W f60.K• B0 ao.Jz' - - -- • L4s*jr a 0.1' SO^ OF uNE wM URE. HONEY BROOKE WEST ,ftc. su a,""`"` u f�' W AKA SAGECREST Z D REC. NO. 20080229000783 2 a LL I Z ri 0.34,E 91. 8.+.%f S-F $ _ { ii $ 00010 4 WT4 N.E BEN R. AOORM: SS! HoOu M FEE, N,E, 8 Z `4J I 44 43------- Q 20z 9. W ` NDVY lO ROG ,10. 4Nh52, I------_i� Q �y ii a' IQ' 117LiR' IIYr. 11 44.QY Ra.3r' g 'tiTT.J THE WY OF REMMM FOR - - N ea24'w• r fcALc) N Rr20•43' w fPL}T) aw.s4' NOW PURPOWS BY aEiy p - RMORM UNDER NEC. R0. 3 [BA9s a RExwq) N.E. 5TH PLACE Y I D 40 LINT T1A1-E MI ai UNE LI N 1 3-5 ICuNONEQKEoI Scale 1 wEyREx V v =EC C411YF T19LE /IV4 S,GCCJLE3T-a0 RM Yp(f TN15 yEE,E� 1 LTiT !K RE 1000 grM832 CM OF W W. I \\` ,. PEAf or IlaaT BROORE wW AIiA S,QECFAW ANE ■ FM re vDL. TA FAS'l1,IG: 131a¢xx.3T0 244 OF FLATS. AT PAM L61M R[C91R1 - W. t1�E /I' Raa.4R' .44 2aDe422rooQ1w. R4621'pR-. N.E. 19p2 Op' 4TH STREET '°,x��`�� rA9 uaFO fVt If6 FII1O A S- ELECTRONIC TA SACf !h TiµYERS[ $11M1E1'- ACCIIYC! IQTS OR f2C=S III.O. M 3}2-19O-4m_ Clr/ QF RENNO. IRSI Ma(fNRIG: ,R4M9,3.323 GSiRiC'. ,!, lYOB.Si6 1. RAT OF NDNE, R� WW ARA SIZ.I1 M IELORDED IN AMCORDW. YOL 240 OF P M, AT PWM B)-AI, IMIEN NO. 2009°"R°Q M " SFI01[f PlJ1T Mead Gilman & Assoc. 1PGM Professional I,817d Surveyors SET ,/2• % 24- RUM ws1R 1 3/4- RASM OAP STAWM -WM Qk" a As�'12 y /M145/3RR,,• WMXFt AS Un*RW3E 35145 �^ L" /'��,I� /� SB 5 DOYEA f_A P.O. BOX 289. WOODIANILLE, WA DA072 PRONE: (425) 4M-1252 FAX: (425) 486-3=O4 FOUND 2- BRABS CAP NONU N CAE. OWFM 1/00) L1R1�: C DATE'. JOB N0', SL4 5, FEB 2009 08162 6450 SOUTNCENTER BLVD C/BCD BrY: SCALE: . NRP 1" = 2P' 2 OF 2 PLAN REVIEW C(TY OF RENTON JUN 2 5 2009 RECEIVED L Ali - I I I "11FAA111 6ORR f m ga- Lie A m x is s s VIP CA Pi.AN REVIEW Cl'f'Y tF REN7 N suN 2 5 2009 RECEIVED j Pi.Arl� aEV#EW c a REN ON RECEIVED DOYEA SHORT PLAT SW1/4, SE1/4, SEC. 10, TWP, 23N., RGE. 5E., W.Nl, LUA-08-020—SHPL LND-20-0521 UNPLATTED j UNPLATTED COXC M4.L 'MA1 FACE of I .,`— 9G1fp sera Ow TM S 0.1 s m. N M'20'�4' W G.i' s�TM w L9x. ?60.74' ao.9r 90.32, - LL - —� 90,IFH Fy[[y, OF SMALL MCI 0.1' $OWN OF UM I 21, GATT FAL>i f L .EAR Of Z � I LE.1 HONEY BROOKS WEST "Au 9�No EW40Y EA9EAIEM nER AKA SACECRE.ST FE-' NO 20070MM1371. Z w REC. NO. 20080229000783 Z aLLJ W r•_ Z n 6,601a S.F. i,13}# s,F. f I NEE 6M PL+ u S NOOLAM WEAVORM �N.C. — — — T Z �{ rr 44 43 2P'3LJ I HOOK ro Q x f0' NOW-OF-wAT N10 I cc - C O Ncc. Na 4x7mI f Q - Cy Z I' I� N 6C20'M' w (CAu) N 69'20X wW (IiAn 770.20' RROODOruffimSES 9Y 0E00 MECOROCO LAM REc. MD IS _ N.E. 5TH PLACE 3� 8 20 020 40 so LVNE Ti1gF uNc I'�f'� Scale 1 „ = 20� �Q [Y cc Si/4 COII. SiG. 1P-2]-} [CiIC NEE1F NONEr BROGIE 118TIA� T1�16 SURYf't - CA C PEA ACNE+BROOK£ KSr AK+. 5hCECRESE-Oq C 'n5R TM'S sUR. 1 CM OF NO. la}2 w�wrllal 1, PLAT OF uONEr OROOKf M.51 AILI fvi0EE74si ,� I�ole]m NY lGLcvm TA : 11o'g E0-5 NO: #K2J 0 FASTING: i1i6622.17p 24a OF F M. AT PAM 97-91, " E10. C1 1 1' 20090229000761. 660.E6' - N S6'2S'Op' w N.E. 1962.00' Empu"AV �w. yrh 4TH STREET A 5' ELECIRow TOTAL STATMOX wIS W D FOO TIi19 F1EW TRWUW "41 AGCI^ACY MUn OR 060 WAG. 152-130-100. Safi OF RWON N0. 1551 MORTHW' 1W070$26 WELU ��. I3 VAS": 139 LME i. PAT OF➢ omEYi WOKE WEST AFA 14= At RE00MED NI VOL 244 OF RATS. AT WW6n 87-91. 171�� m(orWA. NO. 20D@=90m70. SHIM pw Mead Gilman & Assoc. LEG=of Professional Land Surveyors SET 1/2' M 24' REWt MEIN 13/a' KAM C.W 5 WM WADa ra.uwl a ASSOONTES '324W35145/xnt- (EtMI" As mHUMMI E - S8 �Ovr ` EA P.O. BOX 289, WOODINVILLE, WA 98072 401FL). i PMOKE: (425) b6-12$7 FAXL (425) 486-6100 O FdJNO Y cols w WmN Drr N O/AL famm i/a9) ]ae N08762 CSB 5,L FEB 2009 tt t+jiF� e.}a 4s%1f1 CE1 TEA elw aatn . MRP 1 20' 2 OF 2 PLAN REVIEW CITY OF RENTON jUN 2 5 2009 RECEIVED ui,a,a:nrri r,. ��eWenue REAL ESTATE FXCISE TAX AFFIDAVIT this form isyourrcceipt PLEAS L'I'1'PE OR PRINT C'I IAPTLK 82A5 KCW -CI [A1`11-i A WAC ashen slaulped by cashier. Tt11S AFFIDAV 1T W11,1, NUT BE ACCEPTED UNLESS A LLAREAS ON ALL PAGES ARE FULLY COMPLETED (See hack of last page fnr iustrncurnts} Narne SS 5 DOYEA, LLC i Na,Re City cf Renton, a Municipal corporation a 0 j F9uding Address 190 Queen Anne Ave, N„ Suite 100 Mailing AdJress 1055 S oulh Grady Way a Cny,'Stai Seattle, WA98109C4 CuyfStatc!'Lrp Renton, WA98057 Phone No. (inc Vudi ng area code) Phone No (including area code) Scud all propcny I- cunespundeucc to 0 Same as Buyer,'Grantee List all real and personal property tar parcel account assessed value(s) nurnbtrs- check box rl personal property Name 102305-9212 (I.O,P) Mailing Address ❑ n frryd5�ate%! p ❑ Phone No finchrding arcs code) Slreel aJdress of property _ This property is Incated rn Ren1ol'. /❑ Check box rf any of the listed parcels ai c being scgicgatcd from a kiiEci parcel. Legal description of properly UI'more space is needed, you may attach a separate sheet to each page J the affidas it) A portion el Section 10, Township 23 North, Range 5 Fast, W-M., in the City of Renton, King County, Washington, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. ® Select Land li CUcdui. enter am additional codes:__ (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter 0 ❑ 84.36 RCW (nonprofit organization)? 0 YF.$ NO Is this property designated as forest huid per chapter 8433 RCW"? ❑ r❑ Is Otis propem' classifier! as cturemt use (open space, fans and ❑ z�] a6milltrral.. or timber) land per chapter 8,4 34' Is this property rcx king special valuation as historical properly ❑ ❑ (xz chai 84.26 RCW? i answers are ycs, complete as instructed below (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NH W OWNIiR(S) l'o continue the current desilation as forest laud or classification as current use (open space, fann and agriculture, or limber) laird, you must sign on (3) 1lelow. The county assessor must then deterniinc fthe land tran5lerred conliuues to qualify and will indicate by signing. below. If the land no longer qualities or you do not wish to continue the designation or classi ficaliun, 11 will be removed and the compensating or be taxes Will be due and pa}able by the seller or tratlsleror at the time of sale. (RCAV 8433,140 or RCW 81 34.108). ?nor to signing (3) below, you may contact your local couni assessor for more infonnallon. This land ❑ does ❑ does not qualify for Continuance DF,PLI"I Y ASSLSSUR DATE (2) NOTICE OF COMPLIANCE (11IS711I) C ]PROPERTY) NEW (.)WNI;R(S): To continue special valuation as historic ptoperty, sign (3} be] uw. If the new owners) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW.. shall be duc and payable by the Sella or transferor at 11re tune of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling pncc. NfA If claiming an exemption, list % AC number and reason for exemption. WAC No. (SCCIIonfSdb3Cell0n) ReaSUri for exemption Conveyed to municipality for road purposes.Bruce Type of Document Deed of Dedication Date of Document 6124109 Gross Selling. Price $ 0.00 *Persmial Property (dc[inct) $ _ 0.00 Exemption Claimed (deduct) 5 coo Taxable Selling Price S _ 0.00 Excise lax- Stale S _ 000 G.005f. Local -s - ---- 0.00 *Delinquent Interest_ State S a ao Local S 0.Do *Delinquent Penalty $ SuhlolaI $ *Si Iechnolcgy Fce S 5.00 *Affidavit Processing Fcc $ 'Total Doc $ 10,00 A MININIUM OF S10.110 IS DUE IN FEE(5) AND/OR TAX *SI_f'. INSTRUCTIONS I CERTIFY UrNDER ]'Ei OF PERJURY THAT THE P'ORVGUING IS TRUE AND CORRECT. Si anature of' Grantor or Grantor's Agent ;name (print) Brace E. Groom MG lie Dale & city cf signing: June 24, 2009 Signature of Grantee or Grantee's Agent Namc (print) Date & city of signing: --_ Perjury: Perjury is It class C felony which is punishable by imprisonnicni in the state correctional institution Ibr it maximum teen of not more Ihau five yeah, or by a fine in an amonnl fixed by the court of not more Ihau five thousand dollars (15,000 tX)), or by both imps sounieut and fine (RCW 9A.20,020 (1 C))- R6V 84 0WIan (a) (05JA,10) TI[IS SPACE; - "I REASURLR'S USF, ONLY COUNTY TREASURF, EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 67 FEET; AND EXCEPT THE EAST 30 FEFT THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 3065639; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF HEREIN DESCRIBED PROPERTY; THENCE NORTH 00° 10'22" FAST ALONG THE WEST LINE THEREOF 6.00 FEET TO A LINE PARALLEL WITH AND 6.00 FEET NORTH, AS MEASURED AT RIGHT ANGLES THERETO, OF THE SOUTH LINE OF HEREIN DESCRIBED PROPERTY; THENCE SOUTH 88°20'44" EAST ALONG SAID PARALLEL LINE 124.68 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.91 FEET THROUGH A CENTRAL ANGLE OF 91028'20" TO THE EAST LINE OF HEREIN DESCRIBED PROPERTY; THENCE SOUTH 00°10'56" WEST ALONG SAID EAST LINE 31.65 FEET TO THE SOUTHEAST CORNER OF HEREIN DESCRIBED PROPERTY; ThiENCE NORTH 88°2U44" WEST ALONG THE SOUTH LINE THEREOF 150.33 FEET TO THE POINT OF BEGINNING. SITUATE ALL IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Gf11j,01 LPJ0 PAGE 2 OF 3 51 o pit E I M'RAAINAAIM `E{ am -off 3' A 3 n a ?oo 5 use- F n erg^ r owl, Tpm i71 w � �Y� y-�a'z Aga -°P a� ��m�� F n T CA CO ���is VI �I "Wills z pt n 1 to /l--Aj U., a. �sz� A 0 QgQ T T� a '� tac<m��ca � 2T !�� 6 76 m fTl IA 5 R 3 ; 5 Az m m � o m i I ti _ x 3 V m u+A. ♦YE C � _E K Ox wv� n o m we K F N X 2 s C Rp z' D G d r ca Ell Q m' ti N c 9 y rn 0 N A�e Af4R Q 66, 6 ags �1VE DOYEA SHORT PLAT SW1 /4, SE1 /4, SEC. 10, TWP. 23N., RGE. 5E., W.M. LUA-08-020—SHPL LND-20-0521 i UNPLATTFD UNPLATTED . �- .— ... N 2 '4U' .C2 6a' 90.32' J0.P1' Z HONEY �BYR/OrO/pKEWEST 'P' MJGET SOUND FNFRRr Ea5£MCNI I I LW .} AKA A`l!'l'L•f FS'T REN ftGc'. NU. 2—C322001311 w REC. NO. 20080229000783 g Z' 1 2 Wr^ LLI r W m S t* S I. 5.135+ S.F. I V 1 - Z J ryry a1; �2r5_S yp;4 ACPRF55. 550 ` m `-' Q y 44 4} N c E 5TH PI o GQUAM 4VC M.E. I O L �_ L m Q I' I Q �? , 15' MCNI EA RAC ANI) UTILIHY 1H5 PORTION CON LYLJ TO = THE CI OA Nf H", fVN ' `.Onp FORPOSFS Ur CEEL' Q , J �ELDRCEO FINDER REC. NO. 124.66' N 69'30'94' W IGI.C') N 8t'2P'45 W (PLAi; 3.7 0--` .. 1P0.73 J.L N.E. 5TH PLACE I� n� 20 0 20 40 80 1�N.,_TkRI F I llv�' LEuC-Y _ aEaRINC I —_ 6.00_--_ IN CO'102?- E SE CoR SEC. 10-21-5 Scale 1 p 20' 55/4 COR VC 10-25-5 {CALC PER HONEY BKOCKE [CArc PER NONfY PROI WEST M WECRESi-010 WtSI 4KA SI:.ECNE51-Oi0 NOT YIS:T [HIS SURYEY) MERIDIAN CURVE TABNUT '.rsn THIS SIJWIV) aTT or RENTON Na. 1452 NORiEI[NG� 18p904 pet 1. NAi OF NCnEY 8IRpp E WEST AKA SACCL'RLS AS RECORDED INEA5i1NG, 1316W32.370 CUBE _._'NCIN P.Ad:,S 246 Of aA15. a' FAGES 6]-9 ', UNDER NCCOROING, NO CF-T1. CI 1991 25,P0 91'R9'Y ]008ff23400PJ8.1 EQUIPMENT do PROCF6URFS "as,� N.E. 4TH STREET 2641962 2.66' —�"--E >• A 5- 0.Ec'chic rclx sTA11aN was USED FnR nus HELD w TRAVEk6E SDR1E1. ACCURACY wLLIS OR E10E1n1 W'-k,- CIU% OF Rf N1OI. nO. 'ei" 332-13p-wa 4CRTU T,G 18097B.67W REFERENCES F/SIiNG. t313999.596 1. R:AT Ot NUNEY 9RD0KE WT51 AKA SAOECRf Sr kS RE LORDED IN YOL 249 OF PLATS, AT PALES 5I-9'-, ILI Rf CID ING, Np. 2OW229ppp T83 LFGFNU J 4 SHORT PLAT Mead Gilman & Assoc. SLI 1/2" X 24' RFT wITH 1 1/4- "SHE C ST—LP "4w T for ® Professional Land Surveyors N'kIAANOTED1 k ASSOCACE6 "32434/J5143/36St 1' ([kC[FT !$ pTHCRWSE 5 TOM FOSTER P.O, BOX 289, WOOD NVILLE, WA 92077 NCTEp1. nsr -i 4V ifP:-C'R�� r�OARC�"nN9 PH3NE: (425) 486-1752 FAX (425) 488-6108 19 FOIJ-D 2' 6-55 CA' MUNOKIENT N CASE. (NSFTED 1/09) '—NE' F1� PRAWN BY PAIC: JOB 40; C 50 50JTHCEN-ER 9Lvb �50 5, �EII 2009 D8162 2ilo�p5 CYND 3'ECALE: SHEET: NRP — 20. P Of 2 P4AN COF�# M MAR 0 6 200 RECEIVED PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND. USE PERMIT SUBMITTAL. REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTs) 4 Plat Name Reservation 4 Postage 4 Preapplication Meeting Summary 4 Public Works Approval Letter 2 Rehabilitation Plan 4 Screening Detail 4 Site Plan 2 AND 4 Stream or Lake Study, Standard 4 Stream or Lake Study, Supplemental4 Stream or Lake Mitigation Plan 4 Street Profiles 2 Title Report or Plat Certificate 4 Topography Maps Traffic Study 2 Tree Cutting/Land Clearing Plan 4 Urban Center Design Overlay District Report 4 Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Plan, Preliminary, Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement 2ANas Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 ANo s Map of View Area 2 AND s Photosimulations 2 AN(l3 This requirement may be waived by_ 1. Property Services Section 2_ Public Works Plan Review Section 3. Building Section 4. Planning Section PROJECT NAME: YE -A 210PT DATE: . S ! ti H:1Forms\Planninglwaiverofsubmilia lregs.xis 02/08 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Calculations , Colored Maps for Display a Construction Mitigation Description 2 AND 4 Deed of Right -of -Way Dedication Density Worksheet 4 Drainage Control Plan z Drainage Report 2 Elevations, Architectural a AND 4. Environmental Checklist a Existing.Covenants (Recorded Copy) a Existing Easements (Recorded Copy) 4 Flood Hazard Data4 Floor Plans 3AN04 Geotechnical Report2AN03 Grading Plan, Conceptual z Grading Plan, petailed 2 Habitat Data Report 4 Improvement Deferral 2 Irrigation Plan 4 King County Assessor's 'Map Indicating Site Landscape Plan, Coneeptual4 Landscape Plan, Qetailed a . Legal Description 4 List of Surrounding Property Owners 4 Mailing Labels for Property Owners 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cards (one per monument) , Neighborhood Detail Map 4 This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section PROJECT NAME /��l u, � DATE: HAForms%Planninglwaiverofsubmittalregs.xis 02108 DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. i !jj G 8a square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets" Private access easements" Total excluded area: ._ Subtract fine 2 from line 1 for net area 4. Divide lire 3 by 4:3_briii for net acreage 5. Number of dwelling units or lots planned i.__ ... i:.-- A f_._ J V. U'1V1l.1C 1111C J UV 1111L: `f IUI f[eL density 10 44, square feet square feet rJ !'i A irvi i �.n fool criiiaro fnAf units/lots :IVVUfIIIIU L1f1�I.•`_,IC{C,rC. fri€ic-al Areas are defined as -hreas iaetermilned by the City to by n0i suliable lot deaf_lopm!lent and which are Subject io t??" City s tOritIcai Areas Heq;u:at r a '_U1. u t=e"rV MM !a3 Uhi1t t! art'Lh. Critical areas buffers are not deducted/excluded. "' .�HPvim (niihlir` nr A iir)+ ' nw4 4n E?R 60Yr iiiH.Afi ------- - - -_-- _- -------------------- --- - -- - Parcel riame: TOTAL PARCEL North: 1�2047.8455 East . 1314614.6516 Tine Course: N 88-20-40 W Length: 1.50.34 North: 1.82052.1890 East 1314464.3744 Line Course: 5 00-10-22 W Length: 97.69 ❑ North: 181954.4994 East 1314464.0798 Line Course: S 88-20-44 E Length: 150.33 ri North: 181950.1591 Fast 1314614.3471 Line Course: N 00--10-56 E Length: 97.68 North: 182047.6387 Fast 1314614.6578 C Perimeter: 496.04 Area: ?4,680. ooP S.F. 0.33 acres'-: P Mapcheck Closure - ;Uses listed courses, radii, and deltas)L Error Closure: 0.0092 Course: S 41-58-27 FC Errcr North:-0.00685 Fast : 0.00616 ❑ Precision 1: 53,917.39 ❑ L L ` p � rce 1. name : R/W DEDiCA710,N LI North: 181981.8143 East 1314614.4416 Curve. Length: 39.91 Radius: 25.00 Delta: 91-28-20 Tangent: 25.65 .hard: 35.81 Course: S 45-55-06 W_; Course In: N 89-49-04 W Course Out: S O1-39-16 WE RP North: 181981.8938 East 1314589.4417 L End North: 181956.9042 East 1314588.7199 L Line Course: N 88-20-44 rrd Length: 124.68 _ No: tli: 181960.5039 East 1314464.0919 E Line Cc'_Irse: S 00-10-22 W Length: 6.00 ❑ North: 18191)4.5039 East 1314464.013E Line Course: S 88-20-44 E Length: 150.33 ❑ North: 181950.1637 East 1314614_.3411 E. Line Course: N 00-10-56 E Lengtr:: 31.65 u North: 181981.81.3.5 East : 131.4614,4418 L C! Perimeter: 352.57 Area: 1,044. %%P S.E. 0.02 acres) Mapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure. 0.0008 Course: S 15-40-47 EC' Error North: -O.00076 East : 0.00021 G Precision 1: 440,712.50 ❑ Parcel name: LOT I r North: 182050.4551 East . 1314524.3682 Line Course: N 88-20-40 W Length: 6C.02 - North: 182052.1891 East 1314464.3733 Line Course: S 00-10-22 W Length: 91.69 North: 181960.4996 East 1.314464.0968 t Line Course: S 88-20-44 E Lengtr: 60.02 C ,North: 181958.7667 Last 1314524.0917 C Line Course: N 00--10-22 E Length: 91.68 North: 182050.4463 East 1314524.3682 Fj Perimeter: 303.41 Area: 5,501. <4P S-F_ 0.12 acresE Mapcheck Closure -- (Uses listed courses, radii, and deltas)-] Error Closure: C.00B8 ;,nurse: S CO-01-21 EL Error North:-0.00884 East : 0.00000 L Precision 1: 34,478.41 [l f� - - - - - - - - - - - - - - - - - - - - - _. - - - - - - - - - - - - - - - - - - - - - - - - ,._ - - - , - .� Parcel name: LOT 2'E North: 122047.6455 East : 1314614.6516 Line Course: N 88-2C-40 W Length: 90.32 North: 1.82050.4549 East 1314524.369zi Line Course: S 00-10-22 W Length: 91.68 E North: 181958.7753 East 1314514.0929 Line Course: S 88-20-44 E Length: 64.66 L North: 1819.56.9085 East 1314588.7259 Curve Length: 39.91 Radius: 25.00 Delta: 91-28-20 Tangent: 25.65 _ Chord: 35.81 Course: N 45-55-06 ED Course In: N 01-39-16 E Course Out: 5 89-49-04 E RP North: 181981.8981 East 1314589.4477 E End North: 181981.8186 Nast 1314614.4476 u Line Course: N 00-10-51n E Length: 66.03 L North: 182047.8482 East 1314614,6576 Perimeter: 352.60 Area: 8,135. %% P S.E. 0.18 aures7 Mapcheck Clcsure - (Uses listed courses, radii, and deltas)E Error C3osure: 0.0065 Course: N 65-12-38 EL Error North: 0.002'75 Fast : 0.00594 lJ Precision 1: 54,246.15 LI Parcel name: TOTAL PARCEL North: 182047.8455 EasL 1314614.6516 Line Course: N 88-20-40 W Length: 150.34 North: 182052.1890 East 1.314464.3744 Line Course: S 00-10-22 W Length: 97.69 North: 181954.4994 East 1314464.0"?98 Line Course: 5 88-20-44 E Length: 150.33 - North: 181950.1591 East 11114614.3471 Line Course: N 00-10-56 E Length: 97.fi8 North: 182047.8387 East 1314614.6578 Perimeter: 496.04 Area: 14,680. °P S.F. 0.33 Aapcheck Closure - (Uses listed courses, radii, and de].tas) Error Closure: 0.0092 Course: S 41-58-27 E- Error Forth., -0.00685 East : 0_00J-16 Precision 1?,91-7.39 W ----------------------------- Parcel name: R W DEDICATI2N- North: 181981.8143 East : 1314614.4416 Curve Length: 39.91 Radius: 25.00 Delta: 91-28-20 Tangent: 25.65 - Chord: 35.81 Course: S 45-55-06 W Course In: N 89-49-04 W Course Out: S 01-39-16 W RP North: 181981.8938 East 1314589.441'7 End North: 181956.9042 East 13i4588.7199 Line Course: N 88-20-44 W Length: 124.68 - North: 181960.5039 -ast 1314464.0919 Line Course: S 00-10-22 W Length: 6.00 -1 Nortr:: 181954.5039 EasL 1314464.0738 Line Course: .S 88-20-44 E Length: 150.33 Ncrth: 181950.1637 East 1314614.3411 Line Course: N 00-10-56 F.. Lengtr: 31.65 North: 181981.8135 East 1314614,4418 F 11 Perimeter: 352.57 Area: 1,044. Z.�P S.F. O.Q2 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) i Error C:7osure: 0.0008 Course: S 15-40-47 E:- Error North:-0.00076 East : 0.00021 Precision 1: 440,712.50 - -------------------------------------------------- Parcel name: LOT 1_ North: 182030.4531 East 1314524.3682 Line Course: N 88-20-40 W Length: 60.02 North: 182002,1891 East : 1314464.3733 Line Course: S 00-10-22 W Length: 91.69 North: 181960.4996 East 1314464.0968 - Line Course: S 88-20--44 E Length: 60.02 North: 181958.J667 East 1314524.0917 J Line Course: N OG-10-22 E Length: 91.68 North: 132050.4463 East 1314524.3682 Perimeter: 303.41 Area: 5,501. M S.F0.12 acres -I Mapcheck Closure - (Uses listed courses, radii, and delzas)❑ Error Closure: 0.0088 Course: S OC-01-21 EC Error North:-0.00884 East : 0.00000 Precision l: 34,4,'8.4 ------------------ Parcel name: LOT 2 North: 182047.8455 East : 1314614.6516 Line Course: N 88-20-40 rrY Length: 90.32 North: 182050.4549 East 1314524.3694 Line Course: S 00-10-22 W Ler;gth: 91.68 North: 181958.7753 East : 1314524.0929 Tine Course: S 88-20-44 E Length: 64.66 North: 181956.9085 East 1314588.i259 Curve Length: 39.91 Radius: 25.00 Delta: 91-28-20 Tangent: 25.65 Chord: 35.81 Course: N 45-55-06 E-- Course in: N 01-39-16 E Ccurse Out: S 89-49-04 E_ RP North: 181981.8981 East 1314589.4477 End North: 181981.8186 East 1314614,4476 Line Course: N 00-10-56 E Length: 66.03 North: 18204`7.84d2 East 1314614.6',"r6 Perimeter: 352.60 Area: 8,135. % P S.F. 0.18 acres. 7 Mapcheck Closure - {Uses listed (:ourses, radii, and dei.tas) Error Closure: 0.0{}65 Course: N 65-12-38 E- Error North: 0.00275 East 0.00594 Precision 1: 54,246.15 L� -------------------------- Parcel name: TOTAL PARCELCD North: 18204',.8455 EasL : 1314614.6516 Line Course: N 88-20-40 W Length: 150.34 _ North: 182052.1890 Fast 1314464.3744 G Line Course: 5 00-70-22 W Length: 97.69 North: 181954.4994 East : 1314464.079B Line Course: S 88-20-44 E Length: 150.33 ❑ North: 181950.1591 East : 13 461d.3d71 C Line Course: N 00 10-56 E Length: 97.68 North: 18204-1-8387 East 13=4614.6578 J 2erimeter: 496.01 Area: 14,680. %�P S.F. 0.33 acres Mapcheck Closure - (Uses listed courses, radii, and deltas}15 Error Closure: 0.0r)92 Course: S 41-58-21 El' Frror North:-0.00685 East 0.00616 ❑ Precision 1: 53,917.39 ❑ L. ----------------------------- Parcel name: R/W DEDICATTON_] 0 North: 181981.9143 Fast 7 1314614.4416 Curve Length: 39.91 Radius: 25.00 -i Delta: 91-28-20 Tangent: 25.65 Chord: 35.61 Course: S 45-55-06 Wei Course In: N 89-49-04 W Course Out: S 01-39-16 WE RP North: 181981.8938 East 1314589.4417 L] F.nd North: 181956.9042 East : 1314588.7199 Cl Line Course: N 88-2C-44 W Length: 1"14.68 ❑ North: 181960.5039 East 1314464.C919 ❑ Line Course: S 00-10-22 w Length: 6.00 ❑ North: 181954.5039 East 1314464.0138 Line Ccur_se: S 88-20-44 E Length: 150.33 ❑ North: 181950.1637 Gast. 1314614.3411 ❑ Line Course: N OC-10-56 E Length: 31.65 0 North: 161981.8135 Fast 1314614.4418 D 71 Perimeter: 352.57 Area: 1,044. %%P S.F. 0.02 acres,] Mapcheck Closure. - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0008 Course: S 15-40-47 EG Error Norlti: -0.00076 East- : 0.00021 Precision 1: 440,712.5C ❑ El 71 ------------------- Parcel nar:e: LOT 1 n North: 182050.4551 Fast . 1314524.3682 Line Course: N 88-20-40 W Length: 60.02 North: 182052.1891 East 1314464.3733 ❑- Line Course: S 00-10-22 W Length: 91.69 North: 181960.4996 East 1'114464.0968 l Line Course: 5 86-20-44 E Length: 60.02 r North: A 1958.7667 East 1314524.0917 ❑ Line Course: N 00-1C-22 E Length: 91.68 North: 182050.4463 Fast : 1314524.3602 LJ ❑ Perimeter: 303.41 Area: 5,501. %%P S.F. 0.12 acres❑ Mapcheck Closure - (Uses listed courses, radii, and c'eltas)❑ Error Closure: 0.0088 Course: S 00-01-21 E1] Error North: -0.00804 East : 0.00000 11 Precision is 34,478.41 7 Li _ _ _ _ - _ - - - - - __ _ _ _ _ _ _ _ _ _ _ _ _ _ 7. Parcel name: LOT 2[' North: 182047.8455 East : 1314614.6516 Line Course: N 88-20-40 Iq Length: 90.32 North: 182050.4549 East : 1.314524.3694 Line Course: S 00-10-22 W Lenq the 91"68 F, North: 181958.7753 East 1314524.0929 D Line Course: S 88-20-44 E Length: 61.66 D North: 181956.9085 East : 1.314588.7259 L Curve Length: 39.91 Radius: 25.00 Ll Delta: 91-28-20 Tangent: 25.65 W Chord: 35"81 Course: N 45-55-06 EC Course ln: N 01-39-"16 E Course Out: S 89-49-04 EIi RP North: 181981.8981 East - 1314589.4417 End North: 181981.8186 East 1314614.4476 D Line Course: N 00-10-56 E Length: 66.03 2 North: 182047.8482 East 31.4c14.6576 n Perimeter: f 332.60 Area: 8,135. o�P S"r. 0.18 acres_i Mapcheck Closure - (7 es listed courses, radii, and (ieltas)❑ Error Closure: 0.0065 Course: N 65-12-38 E❑ Error North: 0-00275 -ast : 0.00594 D Precision 1: 54,246.15 IF 1 Form No. 14 Subdivision Guarantee Guarantee No.: 4209-1333098 GUARANTEE Issued by First American Title Insurance Company 818 Stewart St, Ste 800, Seattle, WA 98101 Title Dicer.- Pat Fullerton Phone: (206)728-0400 FAX. FrrstAmerican Title t ; Form No. 14 Subdivision Guarantee (4-10-15) Guarantee No.: 4209-1333098 Page No.: 1 A First American Title Insurance Company " s 818 Stewart St, Ste 800 Fist Amer can Seattle, WA 98101 l [� Phn - (206)728 0400 (800)826J718 N, •/r ` Fax - Pat Fullerton (206) 615-3055 pfullet-ton@firstam.com Title Team One Fax No. (866) 904-2177 Jennifer Salas (206) 615-3011 jsalas@firstam.com SUBDIVISION GUARANTEE Tina Kotas (206) 615-3012 tkotas@firstam.com LIABILITY $ 1,000.00 ORDER NO.: 4209-1333098 FEE $ 350.00 TAX $ 31.50 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Langley Development herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured For the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, rt.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: January 20, 2009 at 7:30 A.M. First*nerrcan True t Form No. 14 subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Clinton Thomas Foster, as his separate estate Guarantee No.: 4209-1333098 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: The East half of the following described property: The Southeast quarter of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. Except the North 67 feet thereof. Also Except the East 30 feet thereof conveyed to King County for road by Deed recorded under Recording No, 3065639. APN: 1023059212 First Amencan Title Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4209-1333098 Page No.: 3 1. General Taxes for the year 2009, which cannot be paid until the 15th day of February of said year. Tax Account No.: 1023059212 1st Half Amount: $ 1,363.09 Assessed Land Value: $ 128,000.00 Assessed Improvement Value: $ 143,000.00 2nd Half Amount: $ 1,363.08 Assessed Land Value: $ 128,000.00 Assessed Improvement Value: $ 143,000.00 2. Delinquent General Taxes for the year 2008 Tax Account No.: 1023059212 1st Half Amount Billed: $ 1,213.36 Amount Paid: $ 0.00 Amount Due: $ 1,213.36, plus interest and penalty 2nd Half Amount Billed: $ 1,213.36 Amount Paid: $ 0.00 Amount Due: $ 1,213.36, plus interest and penalty 3. Delinquent General Taxes for the year 2007 Tax Account No.: 1023059212 1st Half Amount Billed: $ 1,207.66 Amount Paid: $ 0.00 Amount Due: $ 1,207.66, plus interest and penalty 2nd Half Amount Billed: $ 1,207.65 Amount Paid: $ 0.00 Amount Due: $ 1,207.65, plus interest and penalty 4. Delinquent General Taxes for the year 2006 Tax Account No.: 1023059212 1st Half Amount Billed: $ 1,170.70 Amount Paid: $ 773.41 Amount Due: $ 397.29, plus interest and penalty 2nd Half Amount Billed: $ 1,170.70 Amount Paid: $ 0.00 Amount Due: $ 1,170.70, plus interest and penalty FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1333098 Page No.: 4 5. Delinquent taxes may be subject to foreclosure proceedings by King County. Additional amounts may also be owing in connection with the foreclosure process. 6. Deed of Trust and the terms and conditions thereof. Grantor/Trustor. Clinton Thomas Foster, a married man as his separate estate Grantee/ Beneficiary: Seattle Savings Bank, a Washington bank corporation Trustee: First American Title Insurance Company, a corporation Amount: $350,000.00 Recorded: March 3, 2006 Recording Information: 20060303001923 A document recorded July 15, 2008 as Recording No. 20080715001193 , purportedly substitutes Northwest Trustee Services, Inc. as Trustee under the Deed of Trust/Mortgage. 7. Lien for utility charges in favor of City of Renton Against: Thomas Foster Amount: $104.87 Recorded: January 4, 2008 Recording Information: 20080104000964 8. Judgment, In Favor of: Against: Amount: Dated: Filed: Judgment No. (if applicable) Case/Cause No.: Attorney for Judgment Creditor Michael Dooley and Linda Dooley RAL Development & Venture Co., Thomas Holliday, Kathleen Holliday and C. Thomas Foster $132,609.33 , together with interest, costs and attorneys' fees, if any May 25, 2006 May 25, 2006 06-9-18893-0 02-2-07731-5 Undisclosed Said Judgment was recorded on June 13, 2005 under Recording No. 20050613001049. Said Judgment was assigned to Langley Venture Group by the instrument recorded on June 6, 2006 under Recording No. 20060606000689. 9. Judgment. In Favor of: Washington First Intl Bank Against: C. Thomas Foster and Mary] Foster Amount: $1,445,226.46 together with attorneys' fees, if any Dated: May 30, 2007 Fled: May 30, 2007 Judgment No. (if applicable) : 07-9-16344-7 Case/Cause No.: 06-2-35218-1 Attorney for Judgment Creditor: Michael Joseph Gearing interest, costs and First American Title Form No. 14 Subdivision Guarantee (4-10-75) 10. Judgment. Guarantee No.: 4209-1333098 Page No.: 5 In Favor of: Washington First Intl Bank Against: C. Thomas Foster and Maryl Foster Amount: $266,929.70 , together with interest, costs and attorneys' fees, if any Dated: May 30, 2007 Filed: May 30, 2007 Judgment No. (if applicable) : 07-9-16345-5 Case/Cause No.: 06-2-35218-1 Attorney for .Judgment Creditor. Michael Joseph Gearing 11. Easement, including terms and provisions contained therein: Recording Information: 4267252 For: Right of way and utility line 12. The terms and provisions contained in the document entitled "Seller's Notice of On -Site Sewage System Operation and Maintenance Requirements" Recorded: March 3, 2006 Recording No.: 20060303001920 13. Easement, including terms and provisions contained therein: Recorded: March 22, 2007 Recording Information: 20070322001371 In Favor Of: Puget Sound Energy, Inc., a Washington corporation For: Electric transmission and/or distribution system First American Title Form No. 14 Subdivision Guarantee (4-10-75) INFORMATIONAL NOTES Guarantee Nu,:4209-1333098 Page No.: b A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. B. The following deeds affecting the property herein described have been recorded within 24 months of the effective date of this commitment: NONE First American Tlt/e Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4204-1333098 Page No.: 7 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) DefeQs, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land' does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "pubic records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shal3 in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding, 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful ad which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent passible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or govemmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. IM (Rev. 1415195) First American Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Dtherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the foilowing additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the Coverage of this Guarantee, or to pay the full amount of U1is Guarantee or, if this Guarantee is issued for the benefrt of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder, In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation, (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee_ The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the arnount of liability stated in Schedule A or in Part 2, (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as iimited or provided under Section b of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, It shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein, Guarantee No.: 4209-1333098 Page No.: 8 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for Costs, attomeys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shali transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Ttle Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. Ail arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a Court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shalt be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shah include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA, 92707. Form No. 1282 (Rev. 12f 15/95) First American Title .34 AC 3070 .33 AC m I N 21730 SF OD N I 9385 ' 0.27 AC o , uO 9217 Q �z 0.19 AC ' 0.2 3 AC 9185 9298 30 W f . to co 2.83 AC '02 AC 9123 .33 9212 o i> 149,OQ5 f f Mmf I 51+1- .51+/� ,� TR.A a� �Ln 0.37 AC rn 1,�60 Lot 1 . 2 106.01. ,arias w54 LOT 4 OP 5 s r %N 9� 20060303001921_____ 0060 _11921 E FIRST AMERICAN WO 32.00 AFTER RECORDING MAIL TO PAGE001 OF 001 03/B3/200i3 15.07 KING COUNTY, WA Clinton Thomas Foster Hoquiam Avenue NEE Re Renton, WA 9805£ E2190622 13:32 KIN0312a0f3 KING COUNTY, L!R ggg.33S.0a SALE $33@.000.00 PRCE001 OF 001 Escrow No: 27367AT Tax IC? No: 102303921201 Brief Legal Description: Section 10, Township 23 North, Range 5 Fast of SE114, NW1/4, SVVV4 SE1f4 Full Legal r n page: 1 FIRST' AMERICAN 5��1 Statutory Warranty Deed 'I $ 3-2— THE GIiAN7'C)R Vuncent D. Doyea and .)Anet L. Doyen, husband and wife for and in consideration of Ten dollars and other good and valuable eansideration in hand paid, conveys and warrants to Clintun 'fhonias Foster. a married man as his separate estate the following described real estate, situated in the County of ICING, State of Washington: The East half of the following described piroperry: The Southeast quarter of the North half Vf the Northwest quarter of the Southwejt tlilartel" of the Southeast ryuarter of Sel'ti Vrl 10, Township 23 :North, Range i Last, W.11_, in King County, Washington; h_scept the Ngrdt 67 feet And Except the East 30 feet thereof, conveyed to King County for road by Deed recorded under Anditor's File No. 3065639. SIiBJH CT TO: Easement, including terms and provision cOntaitted therein. Recorded #4267252 for right of way and ntility line. Asscsyor's Property'Fax Parcel Account Number(s) I U23 U 59212 t1 ] Dated this 28th day of February, 2006 vuncent 1). Doyea 'yt_o: - X , anet L. Doyca STATE OF WA�S/FITNGTON COUNTY OF,,p1 - SL I :;citify-thlat�-I or iiai-e saLisfacrory evidence that Vtincent D_ Dnyea arm 3unet L_ Doyea are the a persons —ho appeared efore me, and said persons acknowledged that they signed this instrtintent and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument, Dated: 3l1106 Not Yubli En ar for the State of Washingu>n . Residing at 1___L4 , vrI � My appointment expires: 9WIS V;aionrarmgnMIWA Rcv.1el29)96 i.PI3-ld 20060303001922.:.-- E - 20060303001922 FIRST Al16RICRN ,CD 32,00 PAGE001 OF 001 03/03/2006 16:07 KING COUNTY, WA�y AFTER RECORDING MAIL TO: Clinton Thomas Foster E2190623 5450 Sauthcenter Blvd Y11 06 �/ VV VV Seattle, WA 981 B8 03/03/2006 1$' `S4 KING COUNTY, UP TAX $10.00 SRLE $0.00 PAGE001 OF 001 Escrow No: 27367AT Tax No: 102305921201 Brief legal; Section 10, Township 23 North, Range 5 Easi of SE1/4, NW114, SW114, SE1/4 Full page legal on page 1 Quit Claims Deed THE GRANTOR Maryl C. Fostcr, wife of grantee for and in consideration of to establish scpaT-ete property conveys, and quit claims to Clinton Thomas Foster, a married man as his separate estate the fok)o ving described real estate, situated in the County of RING, State of Washington, together with all after acquired litic ofthe gran(ors) therein: The. Ef isl half of the follartin� dcscrihrd prOpertp: 711c Southeast gnurtrr of the \'Orth hall of the Noilhwesi quarter of the Southvvcst quarter Of fhe "walleact quarter of'Section I p, "Fit%+ nship 23 north, Ranpc 5 lank, �11,b1., in Kn[g (:Ounty, lj'a. in46 1:xcep[ the .Worth fi, lest Anri Esrepl th,- East 31) reel thereof, coneeyed to hinn Comity for road by Oved racovdrd under Audinn's mile Nc.31)l5639. FIRST AMERIA2s3 Dated lurch ", 241EI(r� Maryl CtEostel STATE OFWASFIFN'GTON } ss f COUNTY OF I certify that I know oT have satisfactory evidence that , an are the persons who appeared before rue, and said prrsnns acknowledged that hcf.%R /Alw-y signed this ins[rm-nent and acknowledged it to be and voluntary act for the uses and p-irposes ruentioncd in this Instrument Dated A. ` ' t- _. Notery 110 in an for the 5 e of Washington Residing l 1 20060303001923.--v Return Address SEAT"TLE SAVINGS BANK P. 0- Box IM02 Seattle, WA 98109 ATTN: Construction Loan Dept. Loan 9: 2197-60227 200603030III�u�IIIRIIM�n 01923 KING COUNTY. LJA Document Title(s) (or transactions contained therein): 1. DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIYTU1tF: FlrsfNG 2. Reference Number(s) of Documents assigned or released: (on page of document) : hST A ERICAN Grantor(s) (Last name first, then first name and initials): �� f 1. Clinton Thomas Foster, a married man as his separate estate t Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): I. SEATTLE SAVINGS BANK ❑ Additional names on page — of document. Trustee(s) (Last name first, then first name and initials): 1. FIRST AMERICAN TITLE INSURANCE COMPANY Legal description (abbreviated: i,e. lot, block, plat or section, township, range) Section 10, Township 23 North, Range 5 East of SE 114, NW 1/4, SW 1/4, SE 1/4 Full legal description is on page of document. Assessor's Property Tax ParceVAccount Number(s) 102305921201 20060303001A1� EXHIBITS A and B DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING This deed of trust, assigrunent of leases and rents, security agreement and fixture filing (hereinafter called "Deed of Trust") is made as of February 27, 2006, among Clinton Thomas Foster, a marred man as his separate estate, whose address is 20840 SE 118`t' Street, Issaquah, WA 98027 (hereinafter called "Grantor"); First American Title insurance Company, a corporation, whose address is 210t Fourth Ave, Suite 800, Seattle, WA 98121 (hereinafter called ""Trustee"); and SEATTLE SAVINGS BANK, a Washington bank corporation, whose address is 190 Queen Anne Avenue No. #100, P. 0. Box 19102, Seattle, WA 98109 (hereinafter called "Beneficiary"). WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL, and CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of King, State of Washington, described in Exhibit A attached hereto and by this reference incorporated herein, together with any and all buildings, structures and improvements now or hereafter erected on or attached to the property, including, but not limited to, the fixtures, attachments, appliances, equipment, machinery, and other articles or), in or attached to the property or to such buildings and improvements, all of which are herein collectively called the "Property"; TOGETHER WITH all interests, estate or other claims, both in law and in equity, which Grantor now has or may hereafter acquire in the Property; TOGETHER WITH all easements, rights -of -way and rights used in connection therewith or as a means of access to the Property, and all tenements, hereditarnents and appiutenances of and to the Property, and all water rights, permits, certificates and water rights agreements and shares of stock evidencing the same; TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property; and any and all sidewalks, alleys, and strips and gores of laird adjacent to or used in connection with the Property; TOGETHER WITH all right, title and interest of Grantor in and to all personal property (the "Personal Property's now or hereafter owned by Grantor and now or at any time hereafter located on or at the Property or used in connection therewith, including, but not limited to, all goods, machinery, tools, insurance proceeds, equipment (including fire sprinklers and alarm systems, office air conditioning, heating, refrigerating, electronic monitoring, window or structural cleaning rigs, maintenance, and all other equipment of every kind), lobby and all other indoor and outdoor furniture, rugs, carpets, and other floor DEED OF TRUST PAGE r 200603030019?3 coverings, all inventory related to the Grantor's operation of the Property and any business operated thereon by Grantor, draperies, drapery rods and brackets, awnings, window shades, venetian blinds, curtains, lamps, chandeliers and other lighting fixtures, and office maintenance and other supplies and all proceeds thereof and all rights of Grantor as lessee of any Personal Property; TOGETHER WITH all right, title, and interest of Grantor in the funds deposited pursuant to Section 1.6 or Section 1.7; TOGETHER WITH all the estate, interest, right, title, other claim or demand, which Grantor now has or may hereafter acquire in the Property, including all unearned premiums under insurance policies now or hereafter obtained by Grantor, claims or demands with respect to the proceeds of insurance, all proceeds (including, without limitation, funds, accounts, deposits, instruments, general intangibles, notes or chattel paper) of the conversion, voluntary or involuntary, of any of the property described above into cash or other liquidated claims, including proceeds of hazard, title and other insurance and proceeds received pursuant to any sales or rental agreements of Grantor in respect to the Property, ail refunds or rebates of taxes or assessments on the Property, all rights of action in respect of the Property and all judgments, damages, awards, settlements and compensation (including interest thereon), heretofore, or hereafter made to the present and all subsequent owners of any property or rights described or encumbered hereby for any injury to or decrease in the value thereof for any reason, or by any governmental or other lawful authority for the taking by eminent domain, condemnation or by any proceeding or purchase in lieu thereof of all or any part of the Property, including, without limitation, any awards resulting from a change of grade of streets and awards for severance damages. TOGETHER WITH any and all existing and future leases (including subleases thereof), whether written or oral, rental agreements and all future agreements for use and occupancy, and any and all extensions, renewals and replacements thereof, upon all or relating to any part of the Property (hereinafter collectively referred to as the -Leases-), TOGETHER WITH any and all guaranties of tenant's performance under any and all of the Leases; TOGETHER WITH the immediate and continuing right to collect and receive all of the rents, fees, charges, accounts, income, receipts, revenues, issues, profits and other income or other payments of any nature now due or which may become due or to which Grantor may now or shall hereafter (including any income of any nature corning due during any redemption period) become entitled to or may make demand or claim for, arising or issuing from or out of the Leases or from or out of the Property or any part thereof, including but not limited to fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities, minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance contributions, deficiency rents and liquidated damages following default in any Lease, all accounts, instruments, and general intangibles DEED OF'1RUST PAGE 2 20060303001923. = -- related to the Grantor's operation of the Property and any business operated thereon by Grantor and all proceeds thereof, and all proceeds payable under any policy of insurance covering loss of rents resulting From untenantability caused by destruction or damage to the Property, together with any and all rights and claims of any kind which. Grantor may have against any tenant under the Leases or any subtenants or occupants of the property and all proceeds payable as a result of the Tenant's exercise of an option to purchase the Property, all proceeds derived from the termination or rejection of arty Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any rights or claims of any ]rind that Grantor may have against Tenant under the leases or any occupancy of the Property (all such monies, rights and claims described in this paragraph being hereinafter called "Cash Collateral"), excepting therefrom, any sums which by the express provisions of any of the Leases are payable directly to any goverrunental authority or to any other person, firm or corporation other than the landlord under the Leases; SUBJECT, HOWEVER, to a license hereby granted by Beneficiary to Grantor, but limited as hereinafter provided, to collect and receive all of the Cash Collateral. TOGETHER WITH all plans, specifications, contracts, agreements and purchase orders pertaining or incidental to the design or construction of any Improvements; TOGETHER WITH all of Grantor's rights under any payment, performance or other bond in connection with construction of Improvements, and all construction materials, supplies and equipment delivered to the Property or intended to be used in connection with the construction of Improvements wherever actually located. All architectural drawings, plans, specifications, soil tests, feasibility studies, appraisals, engineering reports and similar materials relating to the Property; TOGETHER WITH all contracts and rights pertaining to or affecting the Property including without limitation all options or contracts to acquire other property for use in connection with operation or development of the Property, deposits, bank accounts, contract rights, accounts, general intangibles (including without limitation trademarks, trade names -Md symbols), permits, licenses, franchises and certificates; TOGETHER WITH all commitments or agreements, now or hereafter in existence, intended by the obligor thereof to provide Grantor funds to repay the Beneficiary or improve the Property and the right to receive all proceeds due under such commitments or agreements including refundable deposits and fees; TOGETHER WITH all books, records, surveys, reports, and other documents related to the property described herein or construction or operation of the Property; TOGETHER WITH all governmental permissions, environmental clearances, authority to subdivide the Property, rights, licenses and permits as are necessary for the DEED OF TRUST PAGF 3 20060303001 ga:%_.___' commencement, continuation, completion, occupancy, use and disposition of all or any portion of the Property; and TOGETHER WITH all additions, accessions, replacements, substitutions, proceeds and products of the property described herein. The entire estate, property, and interest hereby conveyed to Trustec may hereafter be referred to as the "Trust Estate." FOR THE PURPOSE OF SECURING: 1. Payment of indebtedness in the principal amount of $350,000.00 with interest thereon, evidenced by that certain promissory note of even date herewith (the "Note") executed by Grantor, which has been delivered to, and is payable to, the order of Beneficiary and which, by this reference, is made a part hereof, and any and all modifications, extensions and renewals thereof. The interest rate, payment terms, or the balance due on the Note and the indebtedness evidenced thereby may be indexed, adjusted, renewed, or renegotiated without affecting the priority of this Deed of Trust. 2. Payment of all sums which may become due from Grantor under the Secured Loan Documents or advances by Beneficiary or its successor under the Secured Loan Documents, with interest thereon at the Default Rate (as defined herein), which include but are not limited to, fire and other hazard insurance and taxes upon the Property, according to the terms of this Deed of Trust; payment by the Grantor of all reasonable attorneys' fees and costs incurred by the Trustee or Beneficiary in foreclosing this Deed of Trust or realizing upon any of the collateral for the obligations which this Deed of Trust secures; payment by Grantor of all reasonable attorneys' fees and costs incurred by Trustee or Beneficiary in defending the priority or validity of this Deed of Trust or the title to the Property; payment by Grantor of all sums advanced by Beneficiary to or on behalf of Grantor for the purpose of clearing encumbrances or defects from the title to the Property where Beneficiary, in good faith, believes such ericumbrances to be superior to the lien of the Deed of Trust, including, without limitation, payment of ad valorem taxes and mechanics' or rnaterialmen's liens which may have gained priority over the lien of this Deed of Trust; payment by Grantor of all reasonable attorneys, fees and costs incurred by Trustee or Beneficiary in any bankruptcy proceedings or any reorganization or arrangement proceeding under the United States Bankruptcy Code affecting Grantor or this Deed of Trust, and payment of all other sums advanced by Beneficiary under the Secured Loan Documents to protect the Trust Estate, with interest thereon at the Default Rate. 3. Payment of all other sums, with interest thereon, which may hereafter be loaned to Grantor, its successors, or assigns, by Beneficiary, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. 4. Payment and performance of all of the obligations of Grantor under any loan agreement between Grantor and Beneficiary related to the loan evidenced by the Note 1)FED OFF TRUST PAGE 4 20060303001g93 _- (together with all modifications, amendments, supplements, and exhibits thereto, the "Loan Agreement"). This Deed of Trust, the ;~Tote, the Loan Agreemert, and any other document given to evidence or further secure the payment and performance of any obligation secured hereby may hereafter be referred to as the "Loan Documents." Notwithstanding the foregoing, this Deed of Trust does not secure and shall not be construed as securing any obligation of Grantor under (a) the Hazardous Substance Indemnity Agreement of even date herewith made by Grantor or (b) the Certificate of Compliance with Access Laws and Indemnification of even date herewith made by Grantor. The term "Secured Loan Documents" means the Loan Documents except the Hazardous Substance Indemnity Agreement and the Certificate of Compliance with Access Laws and Indemnification. ARTICLE I. COVENANTS AND AGREEMENTS OF GRANTOR Grantor hereby covenants and agrees: 1.1 Maintenance of the Property The Property shall be maintained in good condition at all times. Grantor shall promptly make all necessary repairs, replacements, and renewals so that the value of the Property shall be maintained. Grantor shall not commit or permit any waste on the Property. Grantor shall comply with all laws, ordinances, regulations, and private restrictions affecting the Property. Grantor shall operate the Property in such manner as to prevent deterioration of the land and improvements including fences, except for reasonable wear and tear from proper use. Grantor shall not demolish or remove any improvements from the Property without the wntten consent of Beneficiary. 1.2 Required Insurance Grantor shall at all times provide, maintain, and keep in force, or cause to be provided, maintained, and kept in force, the following policies of insurance. (a) Insurance against loss or damage to the building and improvements situated on the Property (the "Improvements") by fire and any of the risks covered by insurance of the type now known as "broad form of extended coverage," in an amount not less than one hundred percent (100%) of the full replacement cost of the Improvements (exclusive of the cost of excavations, foundations, and footings below the lowest basement floor), and with not more than $5,000.00 deductible from the loss payable for any casualty. The policies of insurance carried in accordance with this subparagraph a. shall contain the "Replacement Cost Endorsement"; (b) Insurance against loss or damage to the Personal Property by fire and other risks covered by insurance of the type now known as "broad form of extended coverage"; DEED OF TRUST PAGE 5 20060303001-q9 (c) A commercial general liability insurance policy with respect to the Property, including contractual liability coverage in a minimum amount of $1,000,000.00, or such other amounts as Beneficiary may require and from an insurance company acceptable to Beneficiary. Such policy shall be endorsed to provide that the insurance is primary to and not contributory to any similar insurance carried by Grantor and shall contain a severability of interest clause. (d) A flood insurance policy providing coverage based on Federal Emergency Management Agency recommendations or, at Beneficiary's option, full replacement cost coverage if the Property is located in an area designated by the Department of Housing and Urban Development as a special flood hazard area; (e) Such other insurance and in such amounts as may, from time to time, be required by Beneficiary against the same or other hazards, including, without limitation, business interruption insurance or insurance covering; loss of rents; and (f) All policies of insurance required by the terms of this Deed of Trust shall contain an endorsement or agreement by the insurer that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Grantor which might otherwise result in forfeiture of said insurance and the further agreement of the insurer waiving all rights of set-off, counterclaim, or deductions against Grantor (Non -Contributory Standard Mortgage Clause and Lender's Loss Payable Endorsement --Form 438 BFU NS or CP 12- or their equivalent). 1.3 Delivery of Policies; Payment of Premiums Proceeds (a) All policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall have attached thereto a lender's loss payable endorsement for the benefit of Beneficiary in form satisfactory to Beneficiary. Grantor shall furnish Beneficiary with an original policy (or certificate of insurance if acceptable to Beneficiary) of all policies of required insurance. If Beneficiary consents to Grantor providing any of the required insurance through blanket policies carved by Grantor and covering more than one location, then Grantor shall furnish Beneficiary with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. (b) At least 30 days prior to the expiration of each such policy, Grantor shall furnish Beneficiary with evidence satisfactory to Beneficiary of the payment of premium and the reissuance of a policy continuing insurance in force as required by this Deed of Trust. All such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage without at least 30 days prior written notice to Beneficiary. In the event Grantor fails to provide, maintain, keep in force, or deliver and furnish to Beneficiary the policies or certificates of insurance required by this section, Beneficiary may procure such insurance or single -interest DEED OF TRUST PAGE 6 20060303001W3 - - insurance for such risks covering Beneficiary's interest, and Grantor will pay all premiums thereon promptly upon demand by Beneficiary and, until such payment is made by Grantor, the amount of all such premiums shall be secured by this Deed of Trust. (c) In the event of loss, Grantor shall immediately notify Beneficiary, who may make proof of loss if it is not made promptly by Grantor. Proceeds shall be paid directly to Beneficiary who may compromise with any insurance company and make a final settlement which shall be binding upon Grantor. Beneficiary may, at its election, apply the proceeds to the reduction of the indebtedness secured hereby or to the restoration or repair of the Property. 1.4 Assignment of Policies Upon Foreclosure In the event of foreclosure of this Deed of Trust or other transfer of title or assignment of the Trust Estate in extinguishment, in whole or in part, of the debt secured hereby, all right, title, and interest of Grantor in and to all policies of insurance required by Section 1.2 shall inure to the benefit of and pass to the successor in interest to Grantor or the purchaser or grantee of the Trust Estate. 1.5 Indemnification; Subrogation.; Waiver of Offset (a) if Beneficiary is made a party defendant to any litigation concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein, or the occupancy thereof by Grantor, then Grantor shall indemnify, defend, and hold Beneficiary harmless from all liability, loss, cost, or damage, by reason of said litigation, including reasonable attorney fees and expenses incurred by Beneficiary in any such litigation, whether or not any such litigation is prosecuted to judgment. (b) Grantor waives any and all right to claim or recover against Beneficiary, its officers, employees, agents, and representatives, for loss of or damage to Grantor, the Trust Estate, Grantor's property, or the property of others under Grantor's control from any cause insured against or required to be insured against by the provisions of this Deed of Trust. (c) All sums payable by Grantor hereunder and all obligations secured hereby shall be paid without counterclaim, setoff, deduction, or defense and without abatement, suspension, deferment, diminution, or reduction; and the obligations and liabilities of Grantor hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein) by reason of (i) any damage to or destruction of or any condemnation or similar taking of the Trust Estate or any part thereof; (ii) any restriction or prevention of or interference with any use of the Trust Estate or any part thereof; (iii) any title defect or encumbrance or any eviction from the Property or the Improvements or any part thereof by title paramount or otherwise; (iv) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation, or other like proceeding relating to Beneficiary, or any action taken with respect to this Deed of Trust by any trustee or receiver of Beneficiary, or by any court, in any such proceeding; (v) any claim which Grantor has or might have against DEED OF TRUST PAGE 7 20060303001q��=_ Beneficiary; (vi) any default or failure on the part of Beneficiary to perform or comply with any of the terms hereof or of any other agreement with Grantor; or (vii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing and whether or not Grantor shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Grantor waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension, deferment, dimintitiori, or reduction of any sum secured hereby and payable by Grantor. 1.6 Taxes and Liens Grantor shall pay before they become delinquent all taxes and assessments levied against or on account of the Trust Estate and shall pay as due all claims for work done on or for services rendered or material furnished to the Property. Special assessments shall be paid currently, without deferral, unless the lien for deferred assessments is subordinate to the interest of Beneficiary under this Deed of Trust, or Beneficiary gives its prior written consent to the deferral. Grantor shall maintain the Trust Estate free of any liens or encumbrances except for "Permitted Encumbrances" as defined in Section 1.1.0, the lien of taxes and assessments not delinquent, and except as hereinafter otherwise provided. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Beneficiary's interest in the Trust Estate is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within 15 days after the lien arises or, if a lien is filed, within 15 days after Grantor has notice of the filing, secure the discharge of the lien or deposit with Beneficiary cash or a sufficient corporate surety bond or other security satisfactory to Beneficiary in an amount sufficient to discharge the lien plus any costs, attorney fees, or other charges that could accrue as a result of a foreclosure or sale under the lien_ The assessor or tax collector of the county in which the Property is located is authorized to deliver to Beneficiary a written statement of the property taxes assessed or owing at any time. 1.7 Reserves Beneficiary may require Grantor to maintain reserves fox payment of taxes (including special assessments and other charges against the Trust Estate by governmental or quasi -governmental bodies) or premiums on property insurance or both. The reserves shall be created by payment each month to Beneficiary of an amount determined by Beneficiary to be sufficient to produce by the date they are due amounts equal to the estimated taxes and insurance premiums to be paid. If at the time that payments are to be made the reserve for either taxes or insurance premiums is insufficient, Grantor shall upon demand pay such additional sum as Beneficiary shall determine to be necessary to cover the required payment. If Grantor desires to carry a package plan of insurance that includes coverage in addition to that required under this Deed of Trust, Beneficiary, if allowed by law, may at its option establish and administer a reserve for that purpose. In such event the premium attributable to the required insurance coverage shall be quoted separately, and Beneficiary may permit Grantor to furnish a certificate of insurance rather than deposit the policy as required above. DEED OF TRUST PAGE 8 20060303001923.-- If at any time Beneficiary holds an insufficient amount in the insurance reserve to coves the premium for the entire package policy, Beneficiary may, at its discretion, pay only that portion of the premium attributable to the required insurance coverage. If the blanket policy does not permit such partial payment, Beneficiary may use the reserve funds for the premium on a new, separate policy providing the required insurance coverage and allow the package policy to lapse. Beneficiary shall not charge a service charge for collecting reserves and paying taxes and insurance premiums. The reserves shall not constitute a trust. Grantor agrees that Beneficiary may commingle reserve funds with other funds of Beneficiary and need not invest them for the benefit of Grantor. Grantor agrees that Beneficiary need not pay Grantor interest on reserves, unless applicable statutes require payment of interest notwithstanding any contrary agreement. 1.8 Expenditures by Beneficiary If Grantor shall fail to comply with any provision of the Loan Dociunents, Beneficiary may, at its option, on Grantor's behalf, and with subsequent notice to Grantor, take the required action and any amount that it reasonably expends in so doing shall be added to the indebtedness secured hereby. Amounts so added shall be payable on demand with interest at the default interest rate specified in the Note ("Default Rate") from the date of expenditure. Failure to repay such expenditure and interest thereon on demand will, at Beneficiary's option, constitute an event of default hereunder. Beneficiary may, at its option, commence an action against Grantor for the recovery of such expenditure and interest thereon, and in such event Grantor agrees to pay, in addition to the amount of such expenditure, all costs and expenses incurred in such action, together with a reasonable attorney's fee at trial and on appeal_ 1.9 Utilities Grantor shall pay or cause to be paid when due all utility charges which are incurred by Grantor for the benefit of the Trust Estate or which may become a charge or lien against the Trust Estate for gas, electricity, water or sewer services fumished to the Trust Estate and all other assessments or charges of a similar nature, whether public or private, affecting the Trust Estate or any portion thereof, whether or not such assessments or charges are liens thereon. 1.10 Warranty; Defense of Title Grantor warrants that Grantor holds merchantable title to the Property in fee simple, free of all encumbrances other than the encumbrances described on Exhibit B attached hereto (hereinafter referred to as "Permitted Encumbrances"). Grantor warrants and will forever defend the title against the claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Beneficiary under this Deed of Trust, Grantor shall defend the action at Grantor's expense. If any Permitted Encumbrance is a lien, Grantor shall pay any sums and do any other acts necessary to prevent a default or prevent any action or condition which with the lapse of time, the giving of notice, or any other DEED OF TRUST PAGE 9 20060303001923.vi action of a creditor, would be a default or enable any creditor to declare a default or foreclose any Permitted. Encumbrance which is a lien. 1.11 Condemnation If all or any part of the Trust Estate is condemned, the net proceeds of the award shall be paid directly to Beneficiary and be applied on the indebtedness secured hereby. "The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorney fees necessarily paid or incurred by Grantor and Beneficiary in connection with the condemnation. If any proceeding in condemnation is filed, Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor hereby assigns to Beneficiary the net proceeds of any condemnation award. 1.12 Imposition of Tax The following shall constitute taxes to which this paragraph applies: (a) A specific tax upon deeds of trust or upon all or any part of the indebtedness secured by a deed of trust. (b) A specific tax on the owner of property covered by a deed of trust which the taxpayer is authorized or required to deduct from payments on the deed of trust. (c) A tax on premises covered by a deed of trust chargeable against Beneficiary under the deed of trust or the holder of the note secured. (d) A speci fic tax on all or any portion of the indebtedness secured hereby or on payments of principal and interest made by a Grantor under a deed of trust. If any federal, state, or local tax to which this paragraph applies is enacted subsequent to the date of this Deed of Trust, this shall have the same effect as a default and Beneficiary may exercise any or all of the remedies available to it in the event of a default unless the following conditions are met: (a) Grantor may lawfully pay the tax or charge imposed; and (b) Grantor pays the tax or charge within 30 days after notice from Beneficiary that the tax law has been enacted. 1.13 Inspection That Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of any of the Loan Documents. DEED OF TRUST PAGE 10 20060303001923.0-i 1.14 No Waiver By accepting payment of any obligation secured hereby after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other obligations secured hereby or to declare default for failure so to pay. 1.15 Accounting Grantor will keep and maintain or will cause to be kept and maintained in accordance with sound accounting practice accurate and proper books of record and account relating to the Property. Grantor shall permit Beneficiary to examine the books of account and other records of Grantor, to discuss the affairs, finances and accounts of Grantor and to be informed as to the same by Grantor, all at such reasonable times and intervals as Beneficiary may desire_ Grantor will, at its own cost and expense, fiirnish to Beneficiary within ninety (90) days after the end of each fiscal year, its U.S. income tax return and annual financial statements of Grantor and copies of the balance sheet and operating statements relating to the Property for such year, in reasonable detail and in form and substance satisfactory to Beneficiary. In the event Grantor fails to furnish any of the financial statements hereinabove required, Beneficiary may cause an audit to be made of Grantor's books and records, at Grantor's sole cost and expense. 1.16 Use of Property; Commercial Loan The Property is not used principally for agricultural purposes. The loan evidenced by the Note is not matte primarily for personal, family or household purposes. 1.17 Construction Mortgage This Deed of Trust is a "Construction Mortgage" or "Construction Deed of Trust" to the extent that it secures an obligation incurred for constnrction of an improvement on the Property_ ARTICLE II. SECURITY AGREEMENT; FIXTURE FILING 2.1 Creation of Security Interest Grantor hereby grants to Beneficiary a security interest in (a) the Personal Property located on or at the Property, including without limitation any and all property of similar type or kind hereafter located on or at the Property, (b) the Cash Collateral, and (c) all other Trust Estate property in which a security interest may be granted under the Uniform Commercial Code of Washington (collectively, the "Secured Property"), for the purpose of securing all obligations of Grantor contained in any of the Secured Loan Documents. DEED OF TPUST PAGE 1 I 20060303001923. 2.2 Warranties, Representations, and Covenants of Grantor Grantor hereby warrants, represents and covertatzts as follows: (a) Except for the security interest granted hereby, Grantor is, and as to portions of the Secured Property to be acquired after the date hereof will be, the sole owner of the Secured Property, free from any adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever. Grantor will notify Beneficiary of, and will defend the Secured Property against, all claims and demands of all persons at any time claiming the same or any interest therein. (b) Grantor will not lease, sell, convey or in any manner transfer the Secured Property without the prior written consent of Beneficiary. (c) The Secured Property is not used or bought for personal, family or household purposes. (d) The Secured Property will be kept on or at the Property and Grantor will not remove the Secured Property from the Property without the prior written consent of Beneficiary, except such portions or items of Secured Property which are consumed or wont out in ordinary usage, all of which shall be promptly replaced by Grantor with an article of equal suitability owned by Grantor free and clear of any lien or security interest except such as may be approved in writing by Beneficiary. (e) Grantor maintains a place of business in the State of Washington, and Grantor will immediately notify Beneficiary in writing of any change in its place of business. (f) At the request of Beneficiary, Grantor will loin Beneficiary in executing one or more financing statements and renewals and amendments thereof pursuant to the Uniform Commercial Code of Washington in form satisfactory to Beneficiary, and will pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. (g) All covenants and obligations of Grantor contained herein relating to the Trust Estate shall be deemed to apply to the Secured Property whether or.not expressly referred to herein. (h) This Deed of Trust constitutes a security agreement as that term is used in the Uniform Commercial Code of Washington. 2.3 Fixture Filing This Deed of Trust constitutes a financing statement filed as a fixture filing in the Official Records of the County in which the Property is located with respect to any and all DEED OF TRUST PAGE 12 20060303001923.v' fixtures included within the term "Trust Estate" as used herein and with respect to any goods or other personal property that may now or hereafter become such fixtures. ARTICLE.. 111. ASSIGNMENT OF LEASES AND RENTS 3.1 Assignment Grantor hereby assigns to Beneficiary and grants to Beneficiary a security interest in all Leases and Cash Collateral as security for performance of all obligations contained in the Secured Loan Documents. 3.2 Representations and "Warranties Grantor represents and warrants as follows: (a) Grantor has good right, title and interest in and to the Leases and Cash Collateral and good right to assign the same, and no other person has any right, title or interest therein. (b) Grantor has duly and punctually perfornied all and singular the terms, covenants, conditions and warranties of the Leases on Grantor's part to be kept, observed and perforated. (e) The existing Leases, if any, are valid and, except as disclosed to Beneficiary in writing, unmodified and are in full .force and effect, (d) Grantor has not previously sold, assigned, transferred, mortgaged, pledged or granted a security interest in the Leases and Cash Collateral, whether now due or hereafter to become due. (e) None of the Cash Collateral due and issuing from the Property or from any part thereof has been collected for any period in excess of one month from the date hereof, and payment of any of same has not otherwise been anticipated, waived, released, discounted, set off or otherwise discharged or compromised. (1) Grantor has not received any funds or deposits from any tenant for which credit has not already been made on account of accrued Cash Collateral. thereof. (g) None of the tenants under any existing Leases is in default of any of the terms 3.3 Covenants of Performance Grantor covenants and agrees as follows: DEED of TRUST PAGE 13 20060303001923.E-- (a) Grantor shall observe, perform, and discharge, duly and punctually, all of the obligations of the Leases on the part of Grantor to be kept, observed, and performed; and shall give prompt notice to Beneficiary of any failure on the part of Grantor to observe, perform, and discharge same. (b) Grantor shall notify and direct in writing each and every present or future tenant or occupant of the Property or any part thereof that any security deposit or other deposits heretofore delivered to Grantor have been retained by Grantor or assigned and delivered to Beneficiary as the case may be. (c) Grantor shall enforce the performance of each and every obligation, term, covenant, condition, and agreement in the Leases by any tenant to be performed, and shall notify Beneficiary of the occurrence of any material default under the Leases. (d) Grantor shall appear in and defend any action or proceeding arising under, occurring out of, or in any planner connected with the Leases or the obligations, duties, or liabilities of Grantor or any tenant thereunder at the expense of Grantor. 3.4 Prior Approval for Actions Affecting Leases Grantor, without the prior written consent of Beneficiary, further covenants and agrees as follows: (a) Grantor shall not receive or collect any Cash Collateral from any present or future tenant of the Property or any part thereof for a period of more than one month in advance (whether in cash or by promissory note) nor pledge, transfer, mortgage, grant a security interest in, or otherwise encumber or assign future payments of Cash Collateral. (b) Grantor shall not waive, forgive, excuse, condone, discount, set off, compromise, or in any manner release or discharge any tenant under any Leases having a term in excess of one year of or from any material obligations, covenants, conditions, and agreements by such tenant to be kept, observed, and performed, including the obligation to pay the Cash Collateral thereunder in the manner and at the place and time specified therein. (c) Grantor shall not cancel, terminate, or consent to any surrender of any of the Leases having a term in excess of one year, nor commence any action of ejectment or any summary proceedings for dispossession of the tenant under any such Leases, nor exercise any right of recapture of the Property provided in any such Leases, nor modify or in any way alter the terms thereof. (d) Grantor shall not lease any part of the Property for a term in excess of one year, nor renew or extend the term of any Leases of the Property other than month -to -month rental agreements unless an option therefor was originally so reserved by tenants in the Leases. DEED OF TRUST PAGE 14 20060303001923.:-: - (e) Grantor shall not relocate any commercial tenant within the Property nor consent to any modification of the express purposes for which the Property has been leased, nor consent to any subletting of the Property or any part thereof, or to any assignment of the Leases by any commercial tenant thereunder or to any assig2unent or further subletting of any sublease_ 3.5 Rejection of Leases Grantor further covenants and agrees as follows: (a) In the event any tenant under the Leases should become the subject of any proceeding under the United States Bankruptcy Code or any other federal, state or local statute which provides for the possible termination or rejection of the Leases assigned hereby, Grantor covenants and agrees that in the event any of the Leases are so rejected, no damage settlement shall be, made without the prior written consent of Beneficiary. (b) Grantor will request that any check in payment of damages for rejection or tennination of any such Lease will be made payable both to Grantor and Beneficiary. (c) Grantor hereby assigns any such payment to Beneficiary and further covenants and agrees that upon request of Beneficiary, it will duly endorse to the order of Beneficiary any such check, the proceeds of which will be applied to any portion of the indebtedness secured by this Deed of Trust in such manner as Beneficiary may elect. 3.6 License to Collect Cash Collateral As long as there shall exist no default by Grantor in the payment of any indebtedness secured hereby or in the observance and performance of any obligation, term, covenant or condition or warranty herein or in the Note or contained in the Leases, Grantor shall have the right under a license granted hereby (but limited as provided herein) to collect, but not prior to accrual, all of the Cash Collateral arising from or out of said Leases or any renewals, extensions and replacements thereof, or from or out of the Property or any part thereof. Grantor shall receive such Cash Collateral and hold the Cash Collateral, together with the right and license herein granted as a trust fiend to be applied, and Grantor hereby covenants to so apply them, as required by Beneficiary, firstly to the payment of taxes and assessments upon the .Property before penalty or interest is due thereon; secondly to the costs of insurance, maintenance and repairs required by the terms of this Deed of Trust; thirdly to satisfaction of all obligations under the Leases; and fourthly to the payment of interest, principal and any other stuns becoming due under the Note and Secured Loan Documents, before using any part of the same for any other purposes. Upon the conveyance by Grantor and its successors and assigns of Grantor's interest in the Property, all right, title, interest and powers granted under the license aforesaid shall automatically pass to and may be exercised by each subsequent owner. DEED dF TRUST PAGE 15 20060303001923.01 ARTICLE IV. DEFAULT AND REMEDIES UPON DEFAULT 4.1 Events of Default Any of the following events shall be deemed an event of default hereunder: (a) Default shall be made in the payment of any installment of principal or interest on the Note or any other sum secured hereby when due; or (b) Grantor or any guarantor of the indebtedness secured hereby as applicable shall file a voluntary petition in bankruptcy or such a petition shall be filed against Grantor or any guarantor; or if Grantor or any guarantor shall file any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Grantor or any guarantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, or shall make any general assignment for the benefit Of creditors, or shall admit in writing its inability to pay its debts generally as they become due; or (c) A court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Grantor or any guarantor seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or any trustee, receiver or liquidator of Grantor or any guarantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Grantor or any affected guarantor; or (d) A notice of lien, levy or assessment is filed or a writ of execution or attachment or any similar process shalt be issued or levied against all or any part of or interest in the Trust Estate, or any judgment involving monetary damages shall be entered against Grantor which shall become a lien on the Trust Estate or any portion thereof or interest therein; or (e) There has occurred a breach of or default wider any term, covetiant, agreement, condition, provision, representation, or warranty contained in any of the Loan Documents or any part thereof, not referred to in this Section 4.1; or (t) A default occurs under any guaranty of the loan secured hereby or any guaranty of the loan secured hereby ceases to be in full force and effect or any guarantor asserts that any guaranty is not in full force and effect; or (g) The actual or attempted conveyance, assignment, transfer, mortgage, pledge, encumbrance, or other disposition of the Project, the Property, or Grantor's rights under this DEED of TRUST PAGE 16 20060303001923.v Deed of "Trust in violation of the; terms of this Deed of Trust or the Loan Documents without the written consent of Beneficiary; or (h) If the Loan. Documents evidence or secure a construction loan, any of the following events shall also be deemed an event of default hereunder (capitalized terms not otherwise defined herein shall have the meanings given to them in the Loan Documents): (i) The dissolution, liquidation, bankruptcy, reorganization or insolvency, voluntary or involuntary, of the contractor, engineer or architect. (ii) Title to the Property is not satisfactory to Beneficiary by reason of any defect (even though the same may have existed at the time of any prior advance of the loan proceeds), except those matters affecting title which have at any time been consented to in writing by Beneficiary, or the Title Insurer fails or refuses to insure any disbursement to be secured by this Deed of Trust as a valid lien on the Property subject only to those matters affecting title which have at any time been consented to in writing by Beneficiary. (iii) Grantor does not construct the Project substantially in accordance with all material aspects of the Plans and Drawings and all applicable laws, rules, regulations and requirements now existing or hereafter enacted, adopted or promulgated of all governmental authorities having jurisdiction over the Property, or Grantor fails to file with the appropriate departments of any governmental authority having jurisdiction over the Property amended or supplemental Plans and Drawings if required by law, or Grantor fails to furnish to Beneficiary written certificates issued by such departments approving the Plans and Drawings_ (iv) The substantial delay, discontinuation, or prohibition of construction of Improvements on the Property. (v) Grantor fails to comply with any requirement of any government authority having jurisdiction over the Property within the time required by such authority after notice in writing of such requirement shall have been given to Grantor- (i) If Grantor shall be in default, violation or non-compliance with a Permitted Encumbrance. 0) Any default by Grantor under any indebtedness (whether now existing or hereafter incurred) in favor of Beneficiary or the failure of Grantor to comply with or to perform any term, obligation, covenant or condition contained in any agreement between Grantor and Beneficiary (whether such agreemcnt exists now or is hereafter made). BEED OF MUST PAGE 17 20060303001923.-- 4.2 Rights and Remedies on Default Upon the occurrence of any event of default and at any time thereafter, Beneficiary may exercise any one or more of the following rights and remedies: (a) Withhold further disbursement of proceeds of the loan that is evidenced by the Note. (b) The right at its option by notice to Grantor to declare the entire indebtedness secured hereby immediately due and payable. (c) With respect to all or any part of the Property, the right to foreclose by judicial foreclosure in accordance with applicable law. (d) The right to have Trustee sell the Trust Estate in accordance with the Deed of Trust Act of Washington and the Uniform Commercial Code of Washington where applicable, at public auction to the highest bidder_ Any person except Trustee may bid at the Trustee's sale. The power of sale conferred by this Deed of Trust and the law is not an exclusive remedy and when not exercised, Beneficiary may foreclose this Deed of Trust as a mortgage. Trustee is not obligated to notify any party hereto of a pending sale under any other deed of trust or of any action or proceeding in which Grantor, Trustee, or Beneficiary shall be a party, unless such action or proceeding is brought by Trustee. (e) With respect to all or any part of the Trust Estate that constitutes personalty, the rights and remedies of a secured party under the Uniform Commercial Code of Washington. (f) The right, without notice to Grantor, to terminate the license granted to Grantor to collect the Cash Collateral without taping possession, and to demand, collect, receive, sue for, attach and levy against the Cash Collateral in Beneficiary's name; to give proper receipts, releases and acquittances therefor; and after deducting all necessary and proper costs and expenses of operation and collection as determined by Beneficiary, including reasonable attorney fees, to apply the net proceeds thereof, together with any funds of Grantor deposited with Beneficiary, upon any indebtedness secured hereby and in such order as Beneficiary may determine. In furtherance of this right, Beneficiary may require any tenant or other user to make payments of rent or use fees directly to Beneficiary, and payments by such tenant or user to Beneficiary in response to its demand shall satisfy the obligation for which the payments are made, whether or not any proper grounds for the demand existed. (g) The right to have a receiver appointed to take possession of any or all of the Trust Estate, with the power to protect and preserve the Trust Estate and to operate the Trust Estate preceding foreclosure or sale and apply the proceeds, over and above cost of the receivership, against the indebtedness secured hereby. Vic receiver may serve without bond if permitted by law. Beneficiary's right to the appointment of a receiver shall exist whether or not apparent value of the Trust Estate exceeds the indebtedness by a substantial amount. DEFD OF TRUST PAGE 19 20060303001 W)l --- Grantor hereby irrevocably consents to the appointment of a receiver on the terms set forth herein. Employment by Beneficiary shall not disqualify a person from sen ing as receiver. Upon taking possession of all or any part of the Trust Estate, the receiver may: (1) Use, operate, manage, control, and conduct business on the Trust Estate; (2) Make expenditure for all maintenance, renewals, replacements, alterations, additions, and improvements to the Trust Estate as in its judgment are proper; (3) Insure and reinsure the Trust Estate and all risks incidental to the possession, operation, and management of the Trust Estate; (4) Collect the Cash Collateral and any other revenues and income from the Trust Estate and apply such sums to the expenses of usc, operation, and management in such priority as the receiver deems appropriate. Grantor shalt promptly turn over to the receiver all documents, books, records, papers, and accounts, together with the amount of any deposits, rentals, and use fees from any tenant or other user. The receiver may appear in any proceeding or bring suit on Grantor's behalf, as necessary to enforce obligations of any tenant or other user, Weluding actions for the recovery of .rent and actions in forcible detainer; (5) Cancel or terminate any Lease or agreement for any cause for which Grantor would be entitled to cancel the same; (b) Extend or modify any Lease and make any new Lease on any portion of the Trust Estate. Any such instruments shall be binding upon Grantor and all persons whose interests in the Trust Estate are subordinate to this Deed of Trust, and upon the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from sale, discharge, or indebtedness, satisfaction of the foreclosure decree or issuance of any certificate of sale or deed to any purchaser; (7) Complete any construction in progress on the Property, and in that connection, pay bills, borrow funds, employ contractors, and make any changes in plans or specifications as the receiver deems appropriate; or (8) If the revenues and income are insufficient to pay expenses, the receiver may borrow from Beneficiary such sums as the receiver deems necessary for the purposes stated in this paragraph. The amounts borrowed shall bear interest from the date of expenditure until repaid at the same rate per annum as is accruing on the Note. Such sums shall become a part of the balance secured by this Deed of Trust and shall be payable by Grantor on demand_ DEED OF TRUST PAGE 19 200603O300?47l (h) Subject to any limitations imposed by law, the right to obtain a deficiency judgment in the event the net sale proceeds of any foreclosure sale are insufficient to pay the entire unpaid indebtedness secured hereby. W Any other right or remedy provided in this Deed of Trust, the Note, any other Loan Documents, or under law, 0) If the Loan Documents evidence or secure a construction loan, then Beneficiary shall have the right to take over and complete the work of construction, and, for that purpose, to make disbursements from the undisbursed loan funds. Any contracts entered into or indebtedness incurred on the exercise of such right may be in the name of Grantor, and Beneficiary is hereby irrevocably appointed attorney -in -fact (the appointment being coupled with an interest) to enter into the contract, incur such obligations, enforce contracts or agreements theretofore made by or on behalf of Grantor, and to do any and all things necessary or proper to complete the work of constriction, including the signing of Grantor's name to such contracts and documents as may be deemed necessary by counsel for Beneficiary. In no event shall Beneficiary be required to use its own funds to complete the improvements if undisbursed loan funds are insufficient, but Beneficiary may, at its option, advance such funds. Any funds so advan"d shall be payable to Beneficiary by Grantor on demand together with interest at the Default Rate stated in the Note until paid and shall be secured by this Deed of Trust_ 4.3 Foreclosure by Power of Sale Should Beneficiary elect to foreclose by exercise of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be given such Notice of Default as tlien required by law. Trustee shall, without demand on Grantor, after lapse of such time as may then be required by law and after Notice of Sale and Notice of Foreclosure having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale and Notice of Foreclosure, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time, of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the Property so sold, but without any covenant or warranty, express or implied_ The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. (b) After deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title and reasonable counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of all suns expended under the terms DEED OF TRUST FACTF 20 20060303001q')l �J� hereof, not then repaid, with accrued interest, all other sums then secured hereby and the remainder, if any, shall be paid into court in the manner provided by law. 4.4 Sale of Personal Property Beneficiary shall give Grantor reasonable notice of the time and place of any public sale of any Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten days before the time of the sale or disposition. 4.5 Due on Sale or Increase in Interest Rate on Sale Grantor agrees and acknowledges that the indebtedness evidenced by the Note is personal to Grantor, and that Grantor's personal responsibility and/or control of the Property is a material inducement to Beneficiary to agree to enter into this transaction. Any conveyance of the whole or any part of the Property, whether by deed, contract, further encumbrance (by way of any Iien, mortgage, deed of trust or otherwise), lease of the same (other than a lease of any portion of the space in the improvements on the Property in the ordinary course of business without an option to purchase) or otherwise, without Beneficiary's prior written consent, or any transfer of capital stock or partnership interests or limited Iiability company interests in Grantor without Beneficiary's prior written consent, shall be deemed to increase the risk of Beneficiary, and Beneficiary or other holder may declare the entire unpaid balance immediately due and payable, or, at its sole option, it may consent to such conveyance, or transfer in writing and may increase the interest rate on the Note, change the maturity date of the Note, modify the loan terms, or impose whatever other conditions it shall deem necessary to compensate it for such increased risk. Any increase in interest shall entitle the holder to increase monthly payments on the loan evidenced by the Note so as to retire the obligation within the original stipulated time. In the event Grantor shall request the consent of Beneficiary in accordance with the provisions of this Section 4.5, Grantor shall deliver a written request to Beneficiary, together with such information as Beneficiary may reasonably request regarding such conveyance or transfer and shall allow Beneficiary 30 days to evaluate, such request. In the event Beneficiary approves such conveyance or transfer, Grantor shall pay Beneficiary a processing fee in an amount to be determined by Beneficiary but in no event less than $500.00 to compensate Beneficiary for its costs in processing such request. Consent as to any one transaction shall not be deemed to be a waiver of the right to require consent to any further or successive transaction. The execution and delivery by Grantor of any joint venture agreement, partnership agreement, declaration of trust, option agreement, or other instrument whereunder any person, corporation, or other entity may become entitled, directly or indirectly, to the possession or enjoyment of the Property, or the income or other benefits derived or to be derived therefrom, shall in each case be deemed to be a conveyance or transfer for the purposes of this section, and shall require the prior written consent of Beneficiary. DEED OF TRUST PAGE 21 20060303001 q9'1 3 In the event ownership of the Property or any portion thereof becomes vested in a person other than Grantor herein named, Beneficiary may, without notice to Grantor herein named, whether or not Beneficiary has given written consent to such change in ownership, deal with such successor or successors in interest with reference to this Deed of Trust and the obligations secured hereby, in the same manner as with Grantor herein named, without in any way vitiating or discharging Grantor's liability hereunder or the obligations hereby secured. 4.6 Attorneys' Fees In the event suit or action or proceeding is instituted to enforce any of the terms of this Deed of Trust, Beneficiary shall be entitled to recover from Grantor such sum as the court may adjudge reasonable as attorney fees at trial, on any appeal, and in any bankruptcy proceeding. All reasonable expenses incurred by Beneficiary that are necessary at any time in Beneficiary's opinion for the protection of its interest or the enforcement of its rights, including without limitation, the cost of searching records, obtaining title reports, surveyors' reports, demanding payment, attorneys' opinions, or title insurance, whether or not any court action is involved, shall become a part of the indebtedness secured hereby, payable on demand, and shall bear interest at the Default Rate from the date of expenditure until paid. ARTICLE V. MISCELLANEOUS 5.1 Governing Law This Deed of Trust shall be governed by the laws of the State of Washington. In the event that any provision or clause of any of the Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Documents which can be given effect without the conflicting provision, and to this end the provisions of the Loan Documents are declared to be severable. 5.2 Modi£'ication This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 5.3 Inspections and Appraisals Beneficiary or its agents may enter upon the Property at any reasonable times to inspect or appraise it or to perform any of the acts it is authorized to perform under any of the Loan Documents, whether or not any default exists hereunder. If Grantor refuses to permit such inspection or appraisal, Beneficiary may specifically enforce performance of this provision. Grantor agrees to pay the cost of all appraisals and appraisal reviews required by Beneficiary in its sole discretion (a) to comply with (i) any applicable statute or regulation, or (ii) the request or directive (whether or not having the force of law) of any regulatory authority with jurisdiction over Beneficiary, (b) to comply with Beneficiary's policies concerning DEED of TRUST PAGE 22 20060303001 s23.::-- appraisals, (c) at any tinie after the occurrence of an event of default, or (d) in connection with a suit for a deficiency judgment_ All such appraisal and appraisal review costs shall become a part of the indebtedness secured hereby and shall be payable on demand, together with interest thereon at the Default Rate, 5.4 Reconveyance by Trustee Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of the Note to Trustee for cancellation and retention and upon payment by Grantor of Trustee's fees, Trustee shall reconvey to Grantor, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto." 5.5 Notices Whenever Beneficiary, Grantor or Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be deemed given when (1) personally delivered, (ii) three (3) days after deposit in the United States mail by .registered or certified mail, postage prepaid and return receipt requested or (iii) one (1) day after deposit with a nationally recognized overnight delivery service such as Federal Express or Airborne. Any communication which is mailed or deposited with an overnight delivery service as provided above shall be addressed to the address set forth at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of stich change. 5.6 Acceptance by Trustee Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. 5.7 Captions The captions or headings at the beginning of each section hereof are for the convenience of the parties and are not a part of this Deed of Trust. 5.8 Invalidity of Certain provisions If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Trust Estate, the unsecured or partially unsecured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall DEED OF TRUST PAGE 23 200603030019XA r!. be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or fully secured by the lien of this Deed of Trust. Further, the invalidity or unenforceability of any portion or provision of this Deed of Trust shall in no way affect the validity or enforceability of the remainder hereof. 5.9 Subrogation To the extent that proceeds of the Note are used to pay any outstanding lien, charge or prior encumbrance against the Trust Estate, such proceeds have been or will be advanced by Beneficiary at Grantor's request and Beneficiary shall be subrogated to any and all rights and liens owned by any owner or holder of such outstanding liens, charges and prior encumbrances, irrespective of whether such liens, charges or encumbrances are released. 5.10 No Merger If both the lessor's and lessee's estates under any lease or portion thereof which constitutes a part of the Trust Estate shall at any time become vested in one owner, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of merger and, in such event, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary as to the separate estates. In addition, upon the foreclosure of the lien created by this Deed of Trust on the Trust Estate pursuant to the provisions hereof, any leases or subleases then existing and created by Grantor shall not be destroyed or terminated by application of the Iaw of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser, at any such foreclosure sale shall so elect_ No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any lease or sublease unless Beneficiary or such purchaser shall give written notice thereof to such tenant or subtenant. 5.11 Late Charge Grantor recognizes that default by Grantor in making the payments under the Note and/or in any of the other Loan Documents when due will result in Beneficiary incurring additional expense servicing the loan, loss to Beneficiary of the use of the money due, and frustration to Beneficiary in meeting its other loan commitments. In the event that any payment or portion thereof is not paid within 15 days after the date it is due, Beneficiary may collect, and Grantor agrees to pay with such payment, a "late charge" of 6 percent of any overdue amount as liquidated damages for the additional expense of handling such delinquent payments. Such late charge represents the reasonable estimate of Beneficiary and Grantor of a fair, average compensation due to the failure of Grantor to make timely payments. Such late charge shall be paid without prejudice to the right of Beneficiary to collect any other amounts provided to be paid or to declare a default hereunder. DCHD of TRUST PAGE 24 20060303001 q?l IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the flay and year first above written. GRANTOR: Clinton Thomas Foster, a married rnan as his separate estate By: inton Thomas Foster STATE OF WASHINGTON ) ss. COUNTY OF /61 ) I certify t t I kno or have satisfactory evidence that Clinton Thomas Foster is the person who appeared before me, and said person acknowledged that he signed this instrument, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. X�? A -of Dated: ___3 200b (Sib a ur o aty) /f . (Print or stare na e of Notary) NOTARY P in and for the State of - ' Washington, residing at: _ '. My appointment expires: rod %0 ) DEED OF TRUST PAGE 25 20060303001 a?:A EXHIBIT A to Deed of Trust LEGA.I, DESCRIPTION The East half of the following described property: The Southeast quarter of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the North 67 Feet AND EXCEPT the East 30 feet thereof, conveyed to King County for road by Deed recorded under Auditor's pile No. 3065639. DEED of TRUST PAGE 26 20080715001193.;.-- After Recording Return to: Nanci Lambert Northwest "l'rustee Services, Inc. P.O. Box 997 Bellevue, WA 98009-0997 1 f�Q 7 Q 1 20080 I 15001193 FIRST AMERICAN AST 14,00 Pp5e00l OF 001 07/13/200B 13:36 ICING COUNTY, WA Appointment of Successor Trustee File No. 7338.20253 2I97-60227 3Z q- ; SST AM o/i/ Clinton Thomas Foster, a married man as his separate estate. is/are -he grantor(s), First American Title insurance Company is the tmstec and Seattle Savings Bank is the beneficiary under that certain deed of trust dated 02/27/06 and recorded on 03/03f06 under King County, Washington Auditor's File No. 20060303001923. The present beneficiary under said deed of trust appoints Nonhwest'frustee Services, Inc., a Washington corporation, whose address is P.O. Box 997, Bellevue, WA 98039-0997, as suceessor trustee tinder the deed of trust with all powers of the original trustee. The undersigned present beneficiary warrants and represents that, as of the date this Appointment of Successor Trustee has been executed and acknowledged, it is the owner and holder of the obligation secured by the subject deed of trust and is not holding the same as security for a different obligation. Seattle Savings Bank STATE OF )ss COt]NT'Y OF ) I certify that 1 know or have satisfactory evidence that _{�F, is the person who appeared before me, and said person acknowledged tl1at0she) signed this instrument, an,th stated t t i /she) was authorized to execute The instrument and acknowledged it as theof .�v �, •-,� to be the free and voluntary act of such party for the uses and purposes men: Dated: '� P :,.SANG `rrrrirl *ot public i for the State of r� f�yl 9'; [isiding at s 4 appointtne expires NORTHWEST TRUSTEE SERVICEYT11n '"�� 't�J—�'� ��::�0 'C:Ilent: Seattle mortgage Company P.O. Box 997 hgr 0 uc�nv<`•+= �-�` >Borrower Taster, Clinton Thomas BEi,L,Evu):, WA 98009-0997 tt►rtMyt` AB *��.� 425-586-1900 FAx 425-586-1997 U� SERVING WASHINGTON, ORECON, IDAHO & ALASKA 20080104000964.---- CITY OF RENTON FINANCE DEPARTMENT 1055 S GRADY WAY RENTON, WA 98057 - - } 2008( 104000964 12/I4/2007 RRNTON CITY OF N 42.00 P"' 4Ot OF 01 KOUT11INGCNYUA NOTICE OF LIEN FOR UTILITY SERVICE CITY OF RENTON vs. THOMAS FOSTER NOTICE IS HEREBY GIVEN that the City of Renton, State of Washington, has and claims a lien for utility charges against the following described premises situated in King County, Washington. Said lien is claimed for delinquent utility charges and penalties and is also claimed for future utility charges against said premises. Property Address Parcel No Lien Amount Utility Account No 553 HOQUTAM AV NE 1023059212 $104.97 020988-000 Pursuant to Renton Municipal Code, Title VIII, Chapter 1, 8-1-8, Chapter 2, 8-2-1, Chapter 4, 8-4-12 and Chapter 5, 8-5-16, and Revised Code of Washington, Chapter 35, "Such charges and penalties shall be a lien against the herein above described real properties," I, Linda Parks, Fiscal Services Director of the City of Renton Finance Department, King County, Washington, hereby certify that the above referenced account is delinquent in the sum stated. Linda Parrs Fiscal Services Director City of Renton 510052 Page 1 of 1 =5061 san-1045_€}n'3 FZetur� Arl�ress: 1� Elea: print rips ,g:,rm;,c�on ' HI G i STAFF RECORDER'S Cover Skeet .i)0CUSttrj;:Clt 'fitie(S) (or tractions cfat'ltaired ti'temin): (all am�l epplIT:We 0 your docum---�c Milgt b W cat1 l jr.) t. Refercince Numbers) of Documents a3ssr`gried or r-elcased: ArltlittQn t v:fcmr:ce #'s in ^ago of do' -Ur t!m (ire' oar(S) �Las$ name, first name, initial;.) !>. Additional mints cn pa!g+, ofdomkmen6. G'rt az tee(s) (La: , name fist, they first nee Aad initials) I. eI - 2. r� AddWanai mart s on page T— of 4=rnent. Legal description (zbbmhated; i.e. lit, block. plat or section, towiiship, rm)ge) Additional Itgsl is ca page A.sseAs is Properly Tax Va eVAtcount.Number 0Assentor Ticyc-t assiptid The Attditbr/RL!c�)rdvr will rely ou the imbrmation provided on tho fom. ne : °Nff will nog read the du�,Umcnt to verify `.'xe arxugvcy or co _ I ie ess of h indeKmg1ni`brmariou provided herein, requesting an emergen(v nuaMndard re"rditg, fox au addidonal fee as proAded in RCW 36.18,010. 1 understand thw the recording ? ess'srg --f'quirmlents may cover up or oth'c-Mise obscvvc some part of tht test of the orlg.E.� doc'umem. Signature of Rcqu,stag Warty w I 2 3 8 i3 14 15 h� z8 1� 21 22 ?.3 24 2s 2e; 27 2s 31 ', $2 Iv A �^mac F 4 %�iklky z5. � I � TPE SU-PE?)JW( C-QUXT O fIM STATE OF S,9jiNCrTOIN FOR TQN(N CGUINri- r YCFI LD 0 OLBY email UNL DA D001LBY, hmband ind -Mfe, , RAL DP-VF-L0Pl,,II-Nf & VF2.4 ffm C{J-'\,P,AN ', a Ya�ifi)gton partner -ship; ' QI4L' S UOLL AY �md KA`IBLE'lN HOLUDAY, Ujsband and %V3jfb, anti the ma OVA a n unity coraposcd lhervDfr, Cl. THWAAS FOSTER and KARYL, FOS EFL Hvkand. and V/&, ;grid the nxarital ccmmunity coraporad thereof, BERT 11TO LA. aid JAINE DOE 0 , Husband ud Wife' aru3 - ht malital comminaty mlr!'P sse the* -Co 'and 30P' L. SCOTT, X AMAS RE-kuY, INC., J"b)'a Jo1w, L. ScoTT RI~.z UONO, a WashJun on eerp,ration, D ,,rhd r m J>rJI3GMENT ONI ARBI' VfION AWARD , I INO, 02-3-0 773 ? � SEA- KFOG FINI ? �.� U -ARBITRA'TION MVARD ORIGINAL 2ICKY �Es�F{ Java W� � iG�'t7�n3'r (4 25) 451-I-x--X� FIN-4 (42!))4 -368LP ..M Q-6J !Q-2L.U42 3 2 3 4 5 6 7 a 10 1' 14 16 17 19 20 2? 22 -23 24 25 26 27 28 29 30 a1 32 TIRS M XITER ha'Ar' +:)n r:6r F ari ; upon tht. Motion of plaintiffi Rar aal Order ContsrmkiZ Pin Arhitratirn Avva d atad for Tudgment up-;n the Awa -d, aid the plamtiffs bat'lI1� given xtiotick: is w•ri ottbis rnWon t.a dAra axtts five days before- ffia hezi7ng -is x;qcsned by RUN 7.04.150, and the Court hathng the wpuen Epemm to ubit tt s!t forth in tit; G,., u pre•611-vls Qsder dattd MY 21, 2�w, the t Arhilrat.:.en Aguc ment betw-em the pales dated Febauarry I?, 2005 a -A tk� Fib ANtration Award entered by Arbitrator Christ,)pher J. Sc Ain,, F--q. &mdMa} �, 2 5 and de�.-ir4i3g zWffuiiy aduisad :m the pyeiai, it in herby ORWLHTED, AL MDQED, AND JDF-CXLBD thAt. tie P�!&rtPctd Fig! kitrafim Award ba, and the s ae hereby is coz xcd pursuW to ROW 7.f 4,150, arx! it is kTHERORDERED, ADJ rDGRD,.ANDDECREED Vinjudgmont be, and eteFty i-s,, entered NoinaW7 ndant%nd ,sen-erally, as T'o ows: X_ TaAment C€edito.r5: Z-fcbaei. and Linda Dooley, Rbsbasid and it, UNTt CO-'LvJPANY, 7a Wasiuri_gWp partncrslip )UD(j WT ON A"ITRATTOIN AWARD - 2 C�Z,j�,f RLy I AC K50.4, FLT-r- Zil�-,-)- 1167511 hvu:.uf.3 sc n-Ft!a ^ S[LLVJU[, 4VAa W4-- UP.s 40i`�i4 fnzs} nst-y x'nx, taj,}Sx-id89 200-$5051 a001049.004 4 13 7 s 14 is 113 17 i 20 21 22 >3 24 25 26 27 26 29 sa �1 THO),fAs IIOLLED,,ky aild Hkisbu-ied and Wifr, aid Ehc �ta1 �.r�T�rtir�ty ���pt�sed F�1CF�t7;, C. TI-101"LR.s FOSTER and '—LAX L .FSTM Husband attd );'ife, and tlae marital or�t= ii sly cor pDged th6n�vf 4. Tote est DateofhdQn tit 5- ,C jtcrneys:Ft;�- . 3,7215 G.. Attc)ma s Fees Iii :u€j icd iilrhC(jQ�YYyyf��11�p1.����G//#}}R••O��}}tyy� with Confirmation ill L-i.F4�Jmrinn Award: ` 7. Costs,'5?I34,+t� _ C),,Itc;x Rec0vt'.r'J i2t7t1YtfS (Costs pursUaat to C'W 7.04.1.9o): . �3 9_ priaoipal Jtxlgmellt of t Shalt Bear lrtere.s.t ut 120/0 per aFii?um 10, .A,ttamty .Fees, -Costs stiod Otlier P ;ov y Allaoupt$ _ bAl13eaz'1,31Wr"t at 12% per a,nrmm- AWAr,,D 3 HErtMAN, RE Q[?�,` . K[, KtA,UFNTiA i, PI_LC. 210[y 7'361Yc A•r�n�\<x�TMGtiS'C i6�j)vrs7-7R�J0 F.13L i4�.5)�� 7tb89 1 2 3 a 5 6 7 40 �2 �3 14 16 h� 18 t� 24 22 23 24 25 26 i �7 2� 23 31 32 I]. A mey; for Jjd T t Cr-r�-dstor. U Al-,O ays for Judgment Debtor,-: Stever'. Herman, Rzzor, Arai, YAtiftman, Siaincrly & lacksor,''LLC 21oo 1I� Ave.1M. 1�63ewlee VTA 98004 425-45 t -1.400 7amt . Fir* PMJ!p Bard-rtl� y 1601 'Fifth Avemla saitp, 23-00 Seattle, WA 93101-1613 206-52 l-6-41.0 -brelida INI uer Ater -Wy mi-, LL P -Iwo Ui�<�n STrare ,lNotl st- Srtitt 545t7 206-6.23-4711 v Qi DI:t BRAT LEFT �:��, Cflu�i� S�p�aur CoLrtJ'�.ui� 'resented by. S Ii R ,Y 3 'SON, C �Vto,aley fot vj�nbffs JT DMI1;NT ON AM TTRA,TION `' ,4 iaz.s f ,�-1 ac7Cti �Rk f��S;�s9�x6�A 20050618001049. ON Approved as to Form and C«utmt; 3 . 4 yff(LIP $U-DSL P-X, W,513A t� 1� BRENDA MOINEP, INSPA# 12 13 } 14 10 3't 14 12 , 21 22 26 2: 28 29 30 AWARD w 5 �I LAW CfFiwm QF .23bC7' A1Gii-1 AZ'ENiFE FW�ft7 mil* 4�' ,-0050613001 ID49.007 1 �T A,- E 0= VV A,:,' H lie; G, -4 4) 7 -,") c:«;k ". GO uA4 of KNj 1 0 an p k WJ t 0 S�n! cif sa4l 20060606000689.:�v 20060606000689 FIRST 11M6R, AFTER RECORDCNG MAIL, TO: xzNC8c2006 10:57 Name IIErPirt�T� ! nQr.��IQl Kac. _z-ia4e A esa ^• .PP C Address 2/on rr� �X . AIC City 1 State —Z! Docurtient Title(s): (or transactions contained therein) 1. Rs$r�t,t,e�tf Of �u��r.t 2. 3_ 4, Reference Number(s) of Documents assigned or released: �o���) ab� oLlC, ❑ Additional numbers on page of document Grantor(s): (Last name first, then first name and ititials) 2. 3. 4. S. El Aciciitio� gal name page of document Grautee(s): (Las(name East, then First name and initials) 1.. �``po%t 2_ boleti 4 3. 4. S. ❑ Additional names on page __ of document First .A nzerican Title Y Insurance Company 50 -1,SS 7 {this space for fifie company use only) Abbreviated Legal Description as follows: (i.e. loL/btock/plat or sectionitownshipjrange/quarlerlgi�arter) ❑ Complete legal description is on page of document Assessor's Property Tax Parcel ! Account Nutnber(s): ` [VOTE. The a uditortre�:order will rely on the information on [lie form. The staff will not read the document to verify the II accuracy or completeness of the indexing infor-motion provided herein_ 1 2 3 4 5 6 7 8 9 10 is 13 14 15 16 17 18 19 20 21 22 23 .24 25 26 27 28 29 36 31 32 00 .illN -5 Phi 2. 26 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY NffCHAEL DOOLEY and LINDA DOOLEY, husband and wife, Plaintiffs, V. RAL DEVELOPMENT & VENTURE COMPANY, a Washiggton partnership; THOMAS HOLLIDAY and KA.THLEEN HOLLIDAY, Husband and Wife, and the marital community composed thereof, C. THOMAS FOSTER and MARYL FOSTER, Husband and Wife, and the marital community composed thereof, BERT NOIA and JADE DOE NOIA, Husband and Wife, and the marital community composed :thereof and JOHN L. SCO TT, KAMAS ;REALTY, INC.,d/b/a JOHN L. SCOTT RENTON, a Washington corporation, Defendants. ASSIGNMENT OF 3UDaMENT - I NO. 02-2-07731-5 SEA ASSIGNMENT OF JUDGMENT 119�� a�c�13�D117'l� LAW OFFICES (X HERMAN, RECOR, A9,AK, KALYMAN, SYMMERLY & JACKSON, PLLC 2100- 116TH AVF,NS.K NORTHEA5r ©£LLFVI"35. WASHINCTON 98004 (425) 451-1400 fnx: (42 )451-1689 r s _ t 1 2 3 4 5 s 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MICHAEL DOOLEY and L FIN-DA DOOLEY for good and valuable consideration, receipt of which is hereby arknowledge-d, assigns all of their rights, title and interest in and to that certain judgment against RA.L DEVELOPMENT & VENTURE COMPANY, THOMA.S HOLLMAY and KATHLEEN HOLIDAY, C. THOMAS FOSTER and MARYL POSTER in the above -entitled matter, dated on or about the 20'h day of May, 2005, together with accumulated interest to LANGLEY VENTURE GROUP, INC.. This assignment does not include assignors rights under that portion of the Final Arbitration Award in the above entitled matter dated May 8, 2005 which allows assignors to reopen arbitration proceedings in the event the above named Defendants fa'sl'5"d an asphalt road connecting assignors residence to the public street.Datedthis day of 2006. MIC DOOL STATE OF WASIUNGTON ) )ss COUNTY OF KING ) LINDA DOOLEY ly Onthis 9 day, of May, 2006, before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn personally appeared NUCHARL DOOLEY and LINDA DOOLEY to me known to be the individuals described ins and who executed the within and foregoing instrument, and acknowledged to me that they signed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned - WITNESS my hand and official the day and year first above written, Lr-ANNE S. you V NOTARY PUHLtG N y PUBLIC in and f r the S t STATE OF WASHINGTON as ngton, residing at.- Y U V`{� C"SSIONEXPIRES My commission expires-. G /'� JULY 7, zat}9 ASS I - 2 LAW oFnCFZ or HLiCA+tAN, RECOTL ARAKL KAUfNvTrw, SIMMERLY & JAC 50N, PT -LC 210D- 11Ei1-I AVENUE )"i THEAYi OtLLEVUE, WA:RA1N''0 LQN 98004 (ags) 451- t400 FAX (475)451-16B'.7 .� 2006Q606000689. 9t3ATE CF V ASHINGTON S . County ,cat King L BARDARA A NIaR, Ciork 07,ho Stjpi f r Court of the Strke of W"-shing,on, far `ho Caunzy of King, do N-reby certify that i have corn,parec! the faragcing copy w4h ',fls ariginai ins!rument as the some ep ,gss on fife wd Y °,eeord in my YNce, and Wt the same is a true -.T� r) :: 44 f crtg:nal and of the YVh. ole f;�raDf: IN - I.M-i7 ' . 1 h;c, harounto sat nqj t:avyl and Wmad Ae Se7a,1 of sat! SupwrOr GUL'b'- at my C]iri' :a Saco-, ihxs day of (9� /t 3'(�F VVi�t � >� F.0 06 L " t EXECUTIVE DEPARTMENT D n cat (uEll a, 1 zin M E M O R A N D U M DATE: November 2, 2009 TO: Carrie Olson, Engineering Specialist - CED FROM: Cindy Moya, Records Management Specialist SUBJECT: Returned Recorded Documents: Deed of Dedication #20090701000185 (Doyea Short Plat - LUA-08-020) The attached document has been recorded with King County and is being returned to you. Please forward copies to parties of interest. The original will be retained by the City Clerk's Office. Thank you. Attachment cc: LUA-08-020 Bob MacOnie hAcityclerklrecords specialisticorrespondence & memos - cindylrecorded documentsldeed of dedication - olson.doc r Return address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 fill 111111111111111 2009070100 �3w.��E :oF .:.. COUNTY, WA E2397694 07/01/2009 09:06 KING COUNTY, WATAX y10 00 SALE $0.00 PAGE001 OF 001 DEED OF DEDICATION Property Tax Parcel Number: 10 Project Fite #: . 0W Street Intersection: NK Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. 5V5 G) WqeAJ LLC-., 1. Ci of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) lv Foon nNDI Qrr `e�t*j LDS rjD Wks I? Z?j MOK4, V-Pt ugg'.6 V-40 b &OU Pt&al ui A-. m nN yi-oti . The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): Gra to s): City of Ren f32u_e,st�oo�n, l�1/Y►Bf� Mayor Denis Law :S e S '� -(�. f Depu City Clerk Jason A. Seth INDIVIDUAL FORM OF STATE OF WASHINGTO SS ACKNOWLEDGMENT COUNTY OF KING } } n box Notary I ce ify that I kn� or ha ey sat ory evidence that _ 4131�'j6UP�thi�C/J`fh �� p1 `��signed this instrument and ;� *`1r�f�i�i acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. ► Nota blic in and for the State of Washington ���t�' Notary (Print) J v Fit N DER S 0� My appointment expires: / 1 A Vac 11 Dated: ay a-+y'c IDEEDI coR Page L FORM 04 0001/bh EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 67 FEET; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 3065639; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF HEREIN DESCRIBED PROPERTY; THENCE NORTH 00°10'22" EAST ALONG THE WEST LINE THEREOF 6.00 FEET TO A LINE PARALLEL WITH AND 6.00 FEET NORTH, AS MEASURED AT RIGHT ANGLES THERETO, OF THE SOUTH LINE OF HEREIN DESCRIBED PROPERTY; THENCE SOUTH 88°20'44" EAST ALONG SAID PARALLEL LINE 124.68 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.91 FEET THROUGH A CENTRAL ANGLE OF 91 °28'20" TO THE EAST LINE OF HEREIN DESCRIBED PROPERTY; THENCE SOUTH 00°10'56" WEST ALONG SAID EAST LINE 31.65 FEET TO THE SOUTHEAST CORNER OF HEREIN DESCRIBED PROPERTY; THENCE NORTH 88°20'44" WEST ALONG THE SOUTH LINE THEREOF 150.33 FEET TO THE POINT OF BEGINNING. SITUATE ALL IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 6/4,07 LAX�-O 5/19/ 11 PAGE 2 OF 3 N 88'20'40" W 150.34' 30,01 ' 30, to co r rn o c am CO rj w c0 w co 1p Z W 9- E r- W � cn Z THIS PORTION HEREBY CONVEYED M Q TO THE CITY OF RENTON FOR � Q ROAD PURPOSES. o o Q o N G` z <i N 88'20'44" W 124.68' C° Cy 6.00' 0 1,044f S. -----F. I 150.33' _ c0 _ N 88'20'44" W 180.33' _ N . E. 5TH PLACE PAGE 3 OF 3 JOB NO. 08162 SCALE: 1 CURVE LENGTH I RADIUS I DELTA C1 139.91 125.00 91-28'20" SW1 /4, SE1 /4, SEC. 10, T. 23 N.. R. 5 E., W.M. March 16, 2009 Renton City Council Minutes Page 81 Discussion ensued regarding Mr. Kumar's dissatisfaction with the administrative decision, Council's knowledge and review of the matter, the differing perceptions, the appeal process, Council's authority in the matter, and the satisfaction of Council and the Administration with the administrative decision as it stands. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 3/9.!2009. Council concur. 3/9/2009 Appointment: Airport Mayor Law appointed Robert J. Ingersoll to the Airport Advisory Committee for Advisory Committee an unexpired term expiring 5/7/2010 (position previously held by Frank Marshall). Refer to Community Services Committee. City Clerk: Cagle Franchise, City Clerk submitted recommendation of the City's cable consultant to perform Basic Programming Service no additional cable television rate review for the period of 7/l/2008 through Rate & Permitted Equipment 6/30/2009, and to adopt resolutions to issue rate orders preserving the City's & Installation Rates rights. Council concur. (See page 83 for resolutions.) Annexation: Earlington, Community and Economic Development Department submitted a 60% Petition 80th Ave S & S 134th St to Annex for the proposed Earlington Annexation and recommended a public hearing be set on 4/6/2009 to consider the petition; approximately 100 acres located east of 80th Ave. S., north of S. 134th St. Council concur. Community Services: Cedar Community Services Department recommended approval of a contract in the River Park Sidewalk Repairs, amount of $46,870 with Farrow Concrete Specialists for sidewalk replacement Farrow Concrete Specialist and repairs at Cedar River Park. Council concur. Plat: Langley Meadows, Development Services Division recommended approval, with conditions, of the Hoquiam Ave NE, FP-08-056 Langley Meadows Final Plat. a 70-10t subdivision located east of Hoquiam .Ave. NE, north of NE 6th St. Council concur. (See page 83 for resolution.) Development -Services: Doyea Development Services Division recommended acceptance of a deed of Short Plat, ROW Dedication, dedication for additional right-of-way in the vicinity of NE 5th Pl. and Hoquiam NE 5th Pl & Hoquiam Ave N1- Ave. NE to fulfill a requirement of the Doyea Short Plat (SHP-08-020). Council concur. CAG: 06-174, Storm & Utilities Systems Division recommended approval of Addendum #2 to CAG-06- Surface Water Management 174, consultant agreement with R.W. Beck, in the amount of $17,394 for Plan, RW Beck additional services and to extend the contract expiration date to 12/31/2009, Council concur. Utility: Sanitary Sewer Model Utility Systems Division recommended approval of a contract in the amount of Conversion, Roth Hill $113,500 with Roth Hill Engineering for the Sanitary Sewer Model Conversion Engineering and Updates/Geodatabase Development, Phase Il project. Council concur. MOVED BY CORMAN, SECONDED BY TAYLOR, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending approval of Finance Committee the contract with Petrizzo Strategic Group for the amount of $62,500 for federal CED: Federal Lobbyist lobbying services, Added: The Committee further recommended that the Services, Petrizzo Strategic Mayor and Cit Clerk be authorized to sign the contract. Group MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT AS AMENDED. CARRIED, CITY OF RENTON COUNCIL AGENDA BILL AI li: (0--, y 01 Submitting Data: Department of Community and For Agenda of: March 16, 2009 Economic Development Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance ............. Doyea Short Plat (LUA08-020). Resolution............ Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Short Plat Report and Decision Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: NIA Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for street improvements is approximately 1,045 sq. ft. used to widen NE 5` Place at Hoquiarn Ave NE. along the property's southern boundary. This dedication is to comply with City of Renton code for new short plats and the Doyea Short Plat (LUA08-020). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. 1:1PianReviewlCOLSON'\Shortplats 20091Qoyea SHPI, 04m AGNBILL.doc Return Address' City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 DEED OF DEDICATION Property Tax Parcel Number: Project File #: Street Intersection: r�)i'h �+ Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): I. (2/t `—Rin a(— 1. City of Renton, a Municipal Corporation LEGAL DESCRIP`f[ON: (Abbreviated orfull legal must go here.. Additional legal on page The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. This dedication is required as a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box DEED.DOC Grantee(s): City of Renton Mayor City Clerk STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Page I EXHIBIT LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSI4IP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON- EXCEPT THE NORTH 67 FEET; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 3065639: DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF HEREIN DESCRIBED PROPERTY; THENCE NORTH 0010'22" EAST ALONG THE NEWEST LINE THEREOF 6.00 FEET TO A LINE PARALLEI, WITH AND 6.00 FEET NORTH, AS MEASURED AT RIGHT ANGLES THERETO, OF THE SOUTH LINE OF HEREIN DESCRIBED PROPERTY; THENCE. SOUTH 88°20'44" EAST ALONG SAID PARALLEL LINE 124.68 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.91 FEET THROUGH A CENTRAL ANGLE OF 91028'20" TO THE EAST LINE OF HEREIN DESCRIBED PROPERTY; THENCE SOUTH 00°10'56" WEST ALONG SAID EAST LINE 31.65 FEET TO "THE SOUTHEAST CORNER OF HEREIN DESCRIBED PROPERTY; THENCE NORTH 88°20'44" WEST ALONG THE SOUTH LINE THEREOF 150.33 FEET TO THE POINT OF BEGINNING. LP.I'� '1 S7I(0� 30.oi' _ EXHIBIT 30' W Lli w T N n Z W N m W o o THIS PORTION HEREBY CONVEYED w� Q CDTOTHE CITY CIF RENTON FOR s, q z ROAD PURPOSES. 0 o o (� G1Lnz Ci N 88'20'44" W 124.68' 6.00' in 1,044f 150.33' _ _ N 88.20'44" W 180.33' _ _ SCALE: 1 "=30' N.E. 5TH PLACE 5? JOB NO. 08162 PCC�L,FNGTH2VE RADIUS DELTA 13.9t 25.00 91'28'20" SW1/4, SE1/4, SEC. 10. T. 23 N., R. 5 E., W.M. SHORT PLA T City of Renton REPORT & Department of Community & Economic Development DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: April 30, 2008 Project Name: Doyea Short Plat Owner: C. Thomas Foster, 6450 Southcenter Blvd Ste 9106, Seattle, WA 98188 Applicant: C. Thomas Foster, 6450 Southcenter Blvd Ste 9106, Seattle, WA 98188 Contact: Darrell Dffe, Dffe Engineers, PLLC, 13932 SE 159`s Place, Renton, WA 98059 File Number: LUA08-020, SHPL-A Project Manager. Rocale Timmons, Associate Planner Project Summary: The applicant, is requesting an administrative two lot short plat located within the 1Zesidential - 8 (R-8) zoning designation. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the one tree that is onsite. There are no critical areas onsite. Project Location: 553 1-loquiam Avenue NE Project Location Map SHPL Report 08-020 City of Renton Department of Coma -pity & Economic Development Admi- virative Short Plat Report & Decision DO YEA SHORT PLAT, LUA084 WPL-A Report of April 30, 2008 Page 2'of 10 B. GENERAL INFORMATION: 1. Owner(s) of Record; C. Thomas Foster 6450 Southcenter Blvd Ste # 106 Seattle, WA 98188 2. Zoning Designation: Residential — du lac (R-8) 3. Comprehensive Plan Land Use Designation. Residential Single Family (RSF) 4. Existing Site Use: Existing single family residence to remain 5. Neighborhood Characteristics: North: Single Family Residential (R-8 zone) East: Single Family Residential (R-8 zone) South: Single Family Residential (R-8 zone) Yflest: Single family Residential (R-8 zone) 6. Access: Driveway access off of NE 5"' Place 7. Site Area: 14,678 square feet (0.337 acres) C. HIS TORICALfBACKGROUNO: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4924 12/5/2001 Conine N;'A 5099 11 / 1 /2004 Annexation N/A 5100 11 / 11'2004 D. PUBLIC SERVICES: 1.. Utilities a. Water: The project site is located in the Water District 90 service area b. Sewer: There is an existing 8-inch sanitary sewer within NE 5"' Place. c. Surface/Storm Water: There exist storm water conveyance systems within lloquiam Ave NE 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: I. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-1 10: Residential Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions .SHPL Report 08-020 City of Renton Department of Comrr—zity & Economic Development Admi '^trative Short Plat Report & Decision DOYEA SHORT PLAT, LUA08-i WPL-A Report of April 30, 2008 Page 3 of 10 b. Section 4-7-120: Compatibility with Existing Land Use and Plan General Requirements and Minimum Standards c. Section 4-?-150: Streets -- General Requirements and Minimum Standards d. Section 4-7-170: Residential Lots — General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use F.lernent: 2. Conununity Design Element.- =G. DEPARTMENT ANALYSIS: L Project Description/Background The applicant is proposing to subdivide a 0.337-acre (14,678 Sf�) parcel zoned Residential-8 (R-8) dwelling units per acre into two lots. The property is located on the northwest eumcr of Hoquiam Ave NE and NE 5"' Place. The existing single-family residence will remain on proposed Lot 2. Proposed lot sizes are as follows: Lot 1: 5,501 square feet Lot 2: 8,132 square feet An approximate 1,045 square foot detl.icatiort would be required along NE 5`�) Place. There is currently a paved and improved public right-of-way along the frontage of the site. The proposal for two new lots would arrive at a density of 6.41 dwelling units per net acre (dulac). There are no critical areas onsitc. Access to both proposed lots would be gained via separate private driveways from NE5"' Place. The topography of the site slopes from the north to the west, at an average slope of approximately 5 percent. The site is vegetated with grass and shnibs, as well as 1 evergreen tree proposed for removal. 2. Environmental Review Except when located on Iands covered by water or sensitive areas, short plats are exempt from SFPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3, Compliance -with ERC Conditions Not Applicable 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated irzto the appropriate sections of this report and the Departmental Recom nendation at the end of this report 5. Consisteneywith-Short Plat Criteria Approval of a short plat is based upon several factors. The fo€lowing short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. I.,ands in the RSF designation are intended for use as quality residential detached development organized SHPL Report W020 City of Renton Department of Comr ity & Economic Development Admi 'ctrative Short Plat Report & Decision D0YEA SHORT PLAT, L CIA 08 WPL-A Report of April 30, 2008 Page 4 'of 10 , into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to enhance and improve the duality of single- family living environments. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per acre in Residential .Single Family Neighborhoods. ✓ Policy Objective met ❑ Not Met Policy LU-148. A minimum lot size of 5, 000 square feet should be allowed on in -fill parcels of less than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500 square ftet on parcels greater than one acre to create an incentive for aggregation of'land. The minimurn lot size is not intended to set the standardfor density in the designation, but to provide flexibility in subdivision/plat design and facilitate development within the allowed density range. ✓ Policy Objective Met ❑ Not Met Policy LU-152. Single family lot size, lot width, setbacks, and impervious surface should be stiff cient to allow private open space, landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. ✓ Policy Objective Met ❑ Not Inlet Policy LU-1.54. Inicipret (Awelopment standards to support new plats and infill project designs incorporating street locations, lot configurations, and building envelopes that address privaev and quality of life fur existing residents. ✓ Policy Objective Met ❑ Not Met Policy CD-12. Infll development, defined asnew short plats of'nine or fewer lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. ✓ Policy Objective Met ❑ Not Met h) Compliance with the Underlying Zoning Designation The subject site is designated R-8 on the City of Renton Zoning Map. `The proposed development would allover for the future construction of one new single-family dwelling unit. Density: The allowed density range in the R-8 zone is a mininiurn of 4.0 to a maximum of 8.0 dwelling units per acre. After subtracting approximately 1,045 square feet along NE 5"' Place and Hoyuiam Avenue NE for right-of-way dedication, the net lot area is 0.31 acres. The proposal for two lots on 0.31 acres arrives at it density of 6.41 dwelling units per acre, which falls within the permitted density range for the R-8 zone. Lot Dimension: As demonstrated in the table below, all lots meet the requirements for minimum lot size, depth, and width. _ Lot Size 5,000 SF minimum Width 50 feet required Depth 65 feet required Lot 1 _5,501 SF 60.02 feet 91.68 feet Lot 2 (Corner) 8,132 SF 64,64 feet 91.68 feet Setbacks: The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for an attached garage; interior side yard is 5 feet; side yard along a street is 15 feet for the primary structure and 20 feet for an attached garage; and the rear yard is 20 feet_ The SHPL Report 08-020 City of Renton Department of Commvnity & Economic Development Administrative Short Plat Report & Decision DO YEA SHORT PLAT, LUA08- SHPL-A Report of April 30, 2008 Page 5 of 10 proposed lots are oriented to such that their front yards would face south towards NE 5'1 Place. The existing house proposed to remain on Lot l would comply with the setback requirements for the R-8 Lone, The setback requirements for proposed Lots 2 would be verified at the time of building permit review. Building Standards: The allowed building lot coverage for lots over 5,000 SF in size in the R-8 zone is 35 percent or 2,500 SF, whichever is greater. The existing residence proposed to remain on Lot 2 has a 1,200 square foot building footprint, which would result in a lot coverage of 15 percent on the proposed 8,132 square foot lot. The lot coverage requirements for proposed Lots 2 would be verified at the time of building permit review_ c) Community Assets The site is vegetated primarily with shrubs, groundcover and one evergreen tree proposed for removal. RMC 4-4-130 requires that thirty percent of the trees shall be retained in a residential development. If the number of protected trees to be retained includes a fraction of a tree equal to or greater than 0.5 tree then the number shall be rounded up. The applicant proposes to clear the site including the existing tree, which would result in the retention of zero percent of the existing trees. Hogs -ever, the retention requirement would have resulted in a fraction of a tree less than 0.5 tree. 'Therefore, the applicant will not be required to replace the fraction of protected tree. The City's landscaping regulations require the installation of landscaping within the public right-of-way. The minimum amount of landscaping required for sites abutting a non -arterial public street is 5 feet, provided that if there is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped. A determination has been made that if no additional area is available within (lie public right- of-way due 10 required improvements, the 5-foot landscaped strip may be located within private property abutting the public right-of-way. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. In addition, the applicant will be required to plant two ornamental trees, a minimum caliper of 1-112 inches (deciduous) or 6 — 8 feet in height (conifer), within the 15-foot front yard setback area for the proposed lots. Existing landscaping may be used to augment the required landscaping. A conceptual landscape plan was submitted with the application. The proposal includes the installation of five feet of landscaping along NE 5"' Place and I loquiam Ave NE and within the front yard of each of the lots. Two new Ray wood Ash trees are proposed to be planted on Lot I within the 15-foot front yard setback. A Katsura acid a Pink Flowering Dogwood along with ornamental shrubs (Rockrose, Viburnum) ground cover (Kinnikinnick) are also proposed to be planted on Lot 1. Five new Raywood Ash trees are proposed to be planted on Lot 2 within the 15-foot front yard setback. A Jacquemontil Birch and a Japanese Snowbell, along with the same ornamental shrubs and ground cover, are also proposed to be planted on Lot 2, The submitted conceptual landscape plan complies with the City's landscaping requirements. A detailed landscape plan is required to be submitted as part of the Final Short Plat application. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently a paved and improved public right-of-way along the frontage of the NE 5tb Place. The applicant is required to dedicate 6 feet in width along NE 5tt Place (approximately 1,045 square feet in area). The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. One new lot (credit given for the existing residence) is expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips x 1 lot = $71.7.75) and is payable prior to the recording of the short plat_ SHPL Report 08-020 City of Renton Department ofComm-nity & Economic Development Admi-;strative Short Plat Deport & Decision DOYEA SHORT PLAT, LUA08-� 4HPL A Report of April 30, 2008 _ - - Page 6'of 10 All wire utilities shall be installed underground per the City of Renton UnderGrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone and allows for reasonable infill of developable land. Both lots are rectangular in shape. Lots l and 2 would front NE 5a' Street_ Both lots meet the requirements for minimum lot size, depth, and width as demonstrated in the table on page 4 of this report. Both lots appear to have sufficient building area for the development of detached single-family residences. e) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way (NE 5°i Place) via single-family residential driveways. Topography: The topography of the site slopes to the west, at an average slope of approximately 5 percent. Due to the potential for erosion that could occur during construction activities, staff recommends as a condition of approval that erosion control be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 edition of the Stonnwater Management Manual. Relationsbip to Existing Uses: The properties surrounding the subject site are single-family residences and are designated R-8 on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Cornprchensive Plan and 7(ming Code, which encourage residential infill development. f) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. A Fite Mitigation Fee, based on $48b.00 per new single-family lot with credit given for the existing single-family residence, is recornrrzerlded in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488.00 ($488.00 x 1 new lot = $488.00) and is payable prior to the recording of the short plat. Street addresses shall be visible from a public street. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 1 fi, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling, Based on the student generation factor, the proposed short plat would result in 0,44 additional students (0.44 X 1 lot = 0.44) to the local schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Maplewood Elementary; McKnight Middle School and Hazen High School. Storm Water: The runoff from the new lot must use infiltration per design by a professional engineer, or be tight lined into the storm drainage system or other options as listed in, and in accordance, with the 1990 King County Surface Water Design Manual_ Infiltration is allowed if the soils are acceptable. If per the 1990 Manual the engineer of record determines that detention is required then the engineer shall use the 2005 Manual for sizing the detention facility. The Surface Water System Development charges are required, and based on a rate of $1,012.00 per new single-family lot (estimated total of $1,012.00 with credit for the existing lot). Payment of this fee will be required prior to issuance of utility construction permit_ A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the SHPL Report 08-020 City of Renton Department of Com zity & Economic Development Adm =,trative Short Plat Report & Decision DOYEA SHORT PLAT, L UA08- SHPL-A Report of Apnt 30, 2008 � � -- Page 7 of 10 project. This includes installing a silt fence along the perimeter of the site that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated. This will be required during the construction of"both off -site and on -site improvements as well as building construction. Due to the potential for erosion to occur during project construction, staff recommends as a condition of approval that the project be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume 11 of the 2001 edition of the Stormwater Management Manual. Water: The proposed development is located within the Water District 90 set -vice area. The applicant submitted a Certificate of Water Availability with the land use application. Water main improvement plans shall be designed to City of Renton standards. The plans need to also be submitted to the City of Renton for review. All short plats are required by City Code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed single-farr:ily structure. If the proposed single-family structures exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. Any existing hydrants to be counted towards the fire flo%V requirements shall be field verified. The applicant will show the location and distance of al I existing; fire hydrants within 300 feet of the site. Existing and new hydrants will be required to be retrofitted with Storz "quick disconnect" fittings, if not already in place_ Sanitary Sewer Utilities: Installation of individual side sewers by else; developer is required prior to recording the short plat; dual side sewers are not allowed. The imminum slope for side sewers is 2%. The suhject property is served by City of Renton sewer service. There is an existing 8-inch sanitary sewer main adjacent to the site, -which will need to be extended to serve the rzew lots. This project is located in the Honey Creek Special Assessment District (SAL) 8611), These fees are $250.00 plus interest per new unit and .shall by paid prior to issuance of a construction permit and recording of the plat. System Development Charges would be required and are basal on the size of any and all domestic water meters. Payment of this fee wilt be required Prior to issuance of utility construction permits, and prior to recording the short plat. H. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: 1. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicart's short plat flan and other project drawings are contained within the official land use file. 2. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family (RSF) land use designatIM). 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the R-S zoning designation, provided all advisory notes and conditions of" approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisor), notes and conditions are complied with. 5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Residential Single Family (zoned R-8); East: Residential Single Family (zoned R-S); South: Residential Single Family (zoned R-8); and West: Residential Single Family (zoned R-8). 6. System Development Charger. Development Charges and a Sewer System Development Charges, at the current applicable rates, will be required for the each new single-family residence as part of the construction permit. SHPI. Report 08-020 City of Renton Department of Community & Economic Development Administrative Short Plat Report & Decision _D0YEA SH4RTPLAT,LUA08-0 -HPL-A Report of April 30, 2008 Page 8 of 10 7. Puhlie Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lot. I. CONCLUSIONS: The subject site is located in the Residential Single Family comprehensive plan designation and complies with the goals and policies established with this designation, 2. The subject site is located in the R-8 zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. The proposed two lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed two lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. The Doyea Short Plat, File No. L,UA08-020, SHPL-A, is approved subject to the following conditions: 1. The project shall be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 edition of the Stormw•ater ManagenIerrt Manual, 2. The applicant shall pay a $488.00 Fire Mitigation Fee prior to the recording of the short plat. The applicant shall pay the required Transpoi�ation Mitigation Fee based on S75.00 per net average daily trip prior to the recording ot'the short Mat. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Neil Watts, Development Services Director Decision Date .S11PL Report 08-020 City of Renton Department of Community & Economic Development Administrative Short Plat Report & Decision DOYEA SHORT PLAT; LUA08-0 HPL-A Report of April 30, 2008 Page 9 of 10 TRANSMITTED this 3e day of April, 2008 to the Own er/ApplicantiContact: Contact / Applicant: Darrell Offe Offe Engineers, PLLC Renton, WA 98059 Owner: C, Thomas Foster 6450 Southcenter Blvd Ste #1f06 Seattle, WA 98188 TRANSMITTED this 30 day of April, 2008 to the Part),, (ies) of Record; Kay Haynes 551 Etna Place NE Renton, WA 98059 TRAIG,SMITTED this 30`h day of April, 2008 to the following Larry Heckling, Building Official Fire Marshal Neil 1$atts, Developmenf Services Director Jennifer Henning, Planning.Tanager Kayren Kittrick, Development Services Jan Conklin, DevelopmentServices vices Carrie Olson, Development Services Renton Reporter Land Use Aetion Appeals & Request for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decisions on a short plat be reopened by the Administrator (Decision -maker). The Administrator (Decision -maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision -maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wvishinb to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 14, 2008. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-5-110, Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. SHPL Report 08-020.doc City of Renton Department of Comm-nity & Economic Development Admiristrative Short Plat Report & Decision DO YEA SHORT PLAT, L UA08-� PHPL A Report of April 30, 2008 Page 10-of 10 AD VISOR YNOTF..S TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as Information only, they are not subject to the appeal process for the land use actions. Planning: I . Two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 - 8 feet in height (conifer), shall be planted or retained within the 15-foot front yard setback area for the proposed lots. 2. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. Property Services: I . To be sent under separate cover. Fire: 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 sq. ft. in area (including garage), the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. The applicant should note that the fire flow available to the site is 1,000 GPM, therefore no residences over 3,600 SF in area can be permitted on the subject site due to the limited fire flow available. 2. A1] building addresses shall be visible frorn, or posted at, the public street. Plan Review - Sewer: I . System Development Charges (SDC) are based on the size of any and all domestic water meters. These fees are collected at the tirne a construction permit is issued and prior to recording the short plat 2. Separate sewer stubs are required for each new lot prior to recording of the short plat. 3. This project is located in the Honey Creek Special Assessment District (SAD 8611). These fees are $250 plus interest per new unit and shall be paid prior to issuance of a construction permit and recoiding of the plat. 4. Minimum slope for side sewers shall be 2°iu. Dual side sewers are not allowed Plall Revie% -- eater: l . Waternlain improvement plans shali be designed to City of Renton standards. The plans, eveii though it is in Water District 90, need to also be submitted to the City of Renton for review - Plan Review - Surface Water: I The view lots will be required to provide conveyance to address the storin water runoff from the individual lots. Roof drains shall be tightlined to the storm system whenever feasible_ 3. The Surface Water SDC fees of $1012 per nets single family house are required to be paid_ These fees are collected at the time a construction pcnnit is issued. 4. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. )_'Jan Review Street;'Transportation: l . Per City of Renton code projects that are 2 to 4 residential units in size shall provide half'pavenient width plus minimum of 10', curb, gutter and sidewalk on the project side, The project sliall install a minimum 20' pavement section to the arterial if not existing. 2. The west curb line on I-loquiarn Ave NZ abutting this plat shall be located 18 feet from the right-of-way centerline to provide for an ultimate roadway face of curb to face of curb width of 36 feet. 3. All new electrical, phone and cable services and lines must be undergroundcd. The construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording the plat. 4, residential lots - All lot carriers at intersections of dedicated public rights -of -way shall have minimum radius of fifteen feet (15'). Miscellaneous: 1. Separate permits and fees for side sewer connections, water meters, and storm drainage connections are required_ 2. Applicant shall be responsible for securing all necessary easements for utilities. 3. Proposed new rockeries or retaining walls to be constructed that are greater than four feet in height (froth bottom of footing to top of wall) will be require a separate building permit for structural review, A geotechnical report is required with the submittal. 4. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. SHPL .Reporr 0&-020 i i K- -3T23NR5EE1/2 i+. _y 112th PI, SE 113tn A PORTION OF THE SW 1f4 OF THE SE 114 OF SECTION 10, TOWNSHIP 23 N, RANGE 5 EAST, W.M. Z g0 ax I �4 y# Vl Z P� 5 88'2o'a1" E 154.34' w , fi D.OZ' 90.32• - Z 1 L. IC' EASEMENT Ic' v^i 1120O70322OO1371�,•ry z . > a H t ' sa d o �a 4�' m x. HOuS 8 S2 UC c1 SSDS TO REMAIN a '1 15' UTILITY I - 4tlj�� 1 Q 71 i= EAMI= REGS,�4267252T J '• � � n.l l-I !, ... l � 60A2 64,fia' I S 88'20'45" E 15C-32' NL rj Trr PL•.^., C'C. 'RICHT OF WAY TO HEDEDICATEE] 1 • 11 h;�llill!jl SHORT PLAT INFORMATION: TOTAL AREA: 0.34 ACRES PROPOSED NUMBER OF LOTS: 2 ZONING: R-8 R/W TO BE DEDICATED: 4.045 SO. FEET PROPOSED NET DENSITY: 6.4 '_EGAL DESCRIPTION: :AST HALF OF THE FOLLOWING DESCRIBED PROPERTY: HE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER )F THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF EXHIBIT 2 VAS"I N 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KlNC CO NTH, wAsHINCTDN; :7lCEPT THE NORTH 67 FEET iECTIONAND EXCEPT THE EAST 30 FEET THEREOF, CONVEYED TO KING COUNTY -DR ROAD BY DEED RECORDED UNDER AUDITOR'S FILE NO. 3065639. OWNER: CLINTON THOMAS FOSTER, AS HIS SEPARATE ESTATE 6450 SOUTHCENTER HLVD, SV1TE 106 SEATTLE, WASHINGTON 981BE SURVEY0R: MEAD GILMAN & ASSOC 17625 — 130TH AVENUE NE SUITE 104 WOODINVILLE. WASHINGTON 9H072 ENGINEER: OFFS ENGINEER, PLLC 13932 SE 1591h PLACE RfNTON, WASHINGTON 9805E-7832 DEVELOPMENT PtANmNG CITY OF RENTON MAR 31 2008 fa;TE• �aC4�G,l>•IaaZ`TGPS` [.[STING uThITY aZ'TGPS ,vrwda[NktU OIi0 Ir L aC CX K 17MTIk"llTT ;I GETEa,IINE 1NI C]4 CIE*,[CIIL ANO NutlItnl LOE/,TIPI R all. E>tlSTllf, ulTtW. 9L UTAI[,Ea .— ,. CV«CN[INO CTYS,N[ICT[OI. a0 a{«aESdT�T IS WCE EI<I Kt ENISTIMG UThITICS M SI SI FY T TMC TX5 N T &MOANED ,d RE51'MfIRL,ITT 1R uT1LITN:f fOT SNQrN d1 uTIL1Tl[4 Iql SIRSVN IN TYIEIII 'N[TEII LQATIIX C-L Udl T%. Am �;I GRAPHIC SCALE a� eer« Eo.Tc eeronoo, a,« o.c No. wt« a pF x did 03 N �o A HOQUTAM AVENUE NE �-1 r' y • 1 E~ Qnot a� fit EIT LkIk R k D I CDT $ t lE OOYEA SHORT PLAT 2ANDSCAPf PLO VAQXY, VAIUY & VAMrY a n+� E r ca. wese�n +2s�wr d e d-� cIrY oF OOYFA SHORT PLAT m M7RENTON RtuTau. wasHir+cTou t I` O Ij 0 A. -- II i f x crz A ^o�y O -i .. L4Y..- .-" _-....-.. m 2 = m I r----� I I 1 N O -n o Gj � S on + 6 m x DOYEA SHORT PLAT 70M FOSTER TOPOGRAPHY AND TRL, : LAN a H 9 Z HOOUTAM AVENUE NC i M ru z z G7 _ _ m m - N y Om ENQN� mftffipm�r For. vxw p� yw - cgA law q "_ - _m gm FR �o Mrrn 94 rajasctm� w oo rn o G7 CITY OF RENTON PLANNINGIBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 26, 2009 TO: Bonnie Walton, City Clerk's Office FROM: Carrie K. Olson, Plan Review x72351( ZL-ki/ J SUBJECT: DOYEA SHORT PLAT LUAOB-020-SHPL Attached please find two sets of the above -referenced original mylars and three paper copies of the mylar for recording with King County. The recording instructions in order are as follows: 1 _ Record the short plat mylars. 2. Record the Deed of Dedication document and request King County to write the recording number in the space provided on the short plat mylar. 3. Request King County to return One of the executed mylars to us for our records. Please have the Courier take these documents via 8-hour service. A check in the amount of $15.81 made out to Champion Couriers is attached. According to .Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account#000000.007.5590.0060.49,000003. Please call me if you have any questions. Thank VOL]. Cc: Kayren Kittrick (Notice ofRccording) Jan Conklin (Please provide PID/recording F's to Sonja. Carrie, amd Patrick) yellow File 11I:1PliLnReviewlCOL.SOMShortplats 20091Doyea SHPL l Om C1erkRecord.doc ty of ADMINISTRATIVE AND � i��� JUDICIAL SERVICES M E M O R A N D U M DATE: June 25, 2009 TO: Carrie Olson, Engineering Specialist II FROM: P/jason Seth, Deputy City Clerk SUBJECT: Returned Deed of Dedication & REETA - Doyea Short Plat LUA-08-020 The attached signed deed of dedication is being returned to you as requested. If you have any questions, please call me at ext. 6504. Thank you. Attachment h:\cityclerk`,.dcputy city clerklformsldeed of dedication memo.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 25, 2009 TO: City Clerk"s Office FROM: Carrie K. Olson, x7235 Development Services, Plan Review SUBJECT: DOYEA SHORT PLAT LUA08-020-SHPL Sign Deed of Dedication & REETA Form Attached is the original Doyea Short Plat Deed of Dedication document that was accepted at the Monday, March 16, 2009, council meeting. Please route for signature by the Mayor and City Clerk and return to me for further processing. Thanks. Also, have Mayor sign original Real Estate Excise Tax Affidavit form and return. cc: Yellow File 11TS_SERVERISYS21COMMON1L1P1anReviewlCOLSOMShortplats 20091Doyea 5HPL 09m C1erBignDeed_duc CITY OF RENTON PLANNINGCBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 25, 2009 TO: Gregg Zimmerman, Administrator FROM: Carrie K. Olson, Plan Review x7235 ffC SUBJECT: DOYEA SHORT PLAT LUAOS-020-SHPL Technical Services and Development Services have reviewed and recommended approval for the above -mentioned short plat. Requirements and conditions have been fulfilled, fees paid. Two original rnylars are attached and are submitted for your review and signature. Please return mylars to me for recording. "Thank you. cc: Yellow File lU:1PlanReview\COMON\Shortplats 20091Doyea SHPL 08m ZimSign.doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 9, 2009 'f0: Arneta Henninger, Plan Review ROUTE TO: Kayren Kittrick, Plan Review FROM: Carrie Olson, Plan Review SUBJECT: DOYEA SHORT PLAT LUA08-020-SHPL Attached is the most recent version of the above -referenced short plat, If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Attachment included: Letter of Compliance, Waiver of Submittal Requirements, Density Worksheet, Land Scape Drawings, Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Oft AcceDted �( Related Proiect#s Comments NA As-Builts Cost Data Inventory Bill of Sale Easements (Water, Sewer, Utilities, Hydrant, etc.) �( Deed of Dedication Square Footage: 1,045 s.f: Restrictive Covenants ]( Maintenance Bond Release Permit Bend Comments: -I . -:I C_ � r� 4� _ L Approval: Kittrick Cc: Yellow File Arneta Henninger Date: -- CITY OF RENTON :i��o PLANNING/BUILDING/PUBLIC WORKS G��� +41PD MEMORANDUM DATE: March 9, 2009 TO: Bob Mac Onie, Technical Services Sonja Fesser, Technical Services FROM: Carrie Olson, Plan Review x7235 SUBJECT: DOYEA SHORT PLAT LUA08-020-SHPL AND LEGAL REVIEW Attached is the most recent version of the above -referenced short plat. The following attachments are enclosed for your review: • Deed of Dedication • Lot Closures • Short Plat Certificate • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approval: - i L� � e: 3 - Robert T Adc Onie, . Sonj ess Cc: Yellow file 1:1P1anReview\C0LS0MShortp1ats 20WOoyea SHPL 01m PR-TS ReviewStartdoc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 9, 2009 TO: Jan Conklin, Development Services FROM: Carrie K. Olson, Development Services/Plan Review x723 SUBJECT: DOYEA SHORT PLAT LUA08-020-SEPL A copy of the above mentioned short plat is attached for your information. If you have comments or changes in addressing, please let me know. q 07 L 11I:1PlanReview\COLSONIShoriplats 20091Doyea SHPL 03m JanC,doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 18, 2009 TO: Rocale Timmons, Planning FROM: Carrie Olson, Plan Review SUBJECT: DOYEA SHORT PLAT LUA08-020-SHPL Attached is the LUA folder for the short plat. We are in the final review stage of recording this short plat. If you find any short plat requirements that have not been properly addressed, please let me know. Please return comments and folder to me so I can proceed to final recording. Thanks. • Mitigation fees of $1,205.75 for one lot wil I be paid prior to recording. • SAD and SDC fees will be paid prior to recording. • Derno Permit not required. Existing SFR to remain on lot 2. • The applicant proposes to remove the one significant tree that is onsite. There are no critical areas onsite, • Your previous comments from your March 13"' memo have been addressed. Note: Gregg Zimmerman is the administrator who signs the approval block for the City on plats and short plats. Approval: Timmons, Planning Cc: Yellow File Date: */-7 ]APlanReview\C0L50N\Shortp1ats 20WDoyea S14PL 06m PlanningReviewAm Printed; 06-25-2009 Payment Made CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA08-020 06/25/2009 09:10 AM Total Payment: 1,205.75 Current Payment Made to the Following Items: Receipt Number, - Payee: Seattle Bank #107311 Trans Account Code Description Alaount 5045 304.000.00.345.85 Fire Mitigation-SFR 488.00 5050 305.000.00.344.85 Traffic Mitigation Fee 717.75 Payments made for this receipt Trans Method Description Amount ---------- Payment -------- --------------------------- --------------- Check #10"?31.1 1,205.75 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81,00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 3014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345,81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.315.81.00.001-6 Shoreline Subst Dev 00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Jse, Flobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5045 304.000.00.345.85 Fire Mitigation-SFR .00 5050 30.5.000.00.344.85 Traffic Mitigation Fee .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50,00.0000 Maps ('taxable) .00 5954 650.237.00.00.0000 DO NOT USE - USE 3954 .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 R0902640 Carrie Olson From: Carrie Olson Sent: Tuesday, June 23, 2009 1:28 PM To: 'Offe Engineers, PLLC' Subject: RE: Doyea Short Plat LUA08-020 Attachments: Doyea SHPL 7L RequestMylarStop.doc Hi Darrell, Rocale Timmons is requesting one set of PMT reductions of each finalized plat plan sheet before she can sign - off on the project. Thanks, Carrie Hi Darrell, I have attached the latest City comments for your action_ If you have questions, please let me know. Thanks, Carrie (425-430-7235) From: Offe Engineers, PLLC[mailto:Darrell.offe@comcast.net] Sent: Thursday, June 04, 2009 3:43 PM To: Carrie Olson Subject: Re: Doyea Short Plat LUA08-020 Thanks - I talked with Mead Gilman - they are waiting for an updated title report because the bank took the property back. Once they have that, they will correct all your comments and change the owners name for re -submittal. I'm hoping for next week. Darrell ----- Original Message ----- From: Carrie Olson To: 'Offe Engineers, PLLC' Sent: Thursday, June 04, 2009 2:22 PM Subject: RE: Doyea Short Plat LUA08-020 Hi Darrell, Just wanted to let you know that I haven't received an updated submittal for this project. Carrie From: Offe Engineers, PLLC[mailto:Darrell.offe@comcast.net] Sent: Thursday, May 21, 2009 8:45 AM To: Carrie Olson Subject: Re: Doyea Short Plat LUA08-020 Carrie - thanks for the heads up. I will print out the March letter and find out from Mead Gilman why things weren't submitted. Darrell ---- Original Message ----- From: Carrie Olson To: 'Offe _Engineers , PLLC' Sent: Thursday, May 21, 2009 8:37 AM Subject: RE: Doyea Short Plat LUA08-020 Hi Darrell, After reviewing what was submitted to us, I find.that we only received page 2 and 3 of the Deed of Dedication document and item 6 of the March 30th comment letter was not completed. Also, items 7 and 10 were not submitted for review. Apparently, you didn't get a chance to review this submittal for completeness before submitting it. When I receive the above corrections then I will submit for further review_ Thanks, Carrie CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 9, 2009 TO: Rocale Timmons, Planning FROM: Carrie Olson, Plan Review SUBJECT: DOYEA SHORT PLAT LUA08-020-SBPL Attached is the LUA folder for the short plat. We are in the final review stage of recording this short plat. If you find any short plat requirements that have not been properly addressed, please let me know. Please return comments and folder to me by Monday, March 16, 2009, so I can proceed to final recording. Thanks. • Mitigation fees of $1,205.75 for one lot will be paid prior to recording. • SAD and 5DC fees will be paid prior to recording. • Demo Permit not required. Existing 5FR to remain on lot 2. • The applicant proposes to remove the one significant tree that is onsite. There are no critical areas onsite. • The latest landscape drawing is attached for your approval. Approval: Rocale Timmons, Planning Cc: Yellow File k1P1anReview\C0LS0NLShortplats 20091Doyea SHPL 02m PlanningReview.doc Date: 4 #"- DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: M E M O R A N D U M March 13, 2009 TO: Carrie Olson, Plan Review FROM: Rocale Timmons Associate Planner SUBJECT: Doyea Short Plat, LUA08-020, SHPL-A The following changes are needed in order for the planning section to recommend recording of the final short plat: Revise the Signature Block: The signature block for public approvals should read "City of Renton Department of Community and Economic Development " and instead of Administrator the signature line should read "Planning Director". �' : a i _'; cniA'1 Vicinity Map: The applicant will need to revise the vicinity map, on the face of the short plat, to, a;R highlight the appropriate parcel. The parcel is located on Hoquiam not Jericho. h� Existing Structures: The applicant will need to revise the short plat plan; to depict the location and dimensions of any existing structures to remain within or abutting the plat. Department of Community & Economic Development June 18, 2009 Darrell Offe Offe Engineers, PLLC 13932 SE 159"' Place Renton WA 98059 SUBJECT: DOYEA SHORT PLAT LUA08-020-SHPL Dear Mr. Offe: The review submittal on the above -mentioned short plat has been completed and the following comments have been returned. SHORT PLAT REVIEW COMMENTS: (These items are required to be completed prior to recording of the short plat.) 1. Please submit an original, signed and notarized Deed of Dedication along with a completed and signed REETA form. 2. Pay the Transportation and Fire Mitigation Fees in the amount of $1,205.75 for 1 lot under LUA08-020 made payable to the City of Renton. These fees may be paid at the Customer Services Counter on the 6th floor of Renton City Hall. When the above items are completed, you may submit the signed and notarized short plat mylars (one original mylar and one cope (on mylar) of each sheet) along with a check in the amount of $15.81 (current courier fee) made out to Champion Couriers. Should you need to discuss any portion of this letter please contact me at (425) 430-7235. Sincerely, (�,� K, c'L' Carrie K. Olson Development Services, flan Review FAMED TO: Mead Gilman & Assoc. 425486-6108 Cc: City Clerk's File (LUA08-020-SHPL) I:ll' Ian ftejriL:w,CU[.SONIShortplats 20091Doyea SHPL X RequesthiylarStop.doc. Renton City Hall 9 7055 South Grady Way • Renton, Washington 98057 9 rentonwa.gov r MAILING LABEL: JUNE 5, 2009 NORTIFWEST TITLE LLC 2411 W. DOLARWAY ELLENSBURG, WA 98926 ATTN: DAVID ROLFE REFERENCE: 0101583 ORDER NUMBER: 3788374 PROPERTY ADDRESS: PTN. OF SEC. 10, TWN. 23 N., RNG. 5 E., W.M. ENCLOSED IS A ALTA OWNER'S POLICY ON THE ABOVE REFERENCED ORDER. AS A COURTESY TO OUR CUSTOMERS, AN ADDITIONAL COPY OF THE LEGAL DESCRIPTION IS ATTACHED. ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ABOVE SHOULD BE DIRECTED TO THE TITLE OFFICER WHOSE NAME AND PHONE NUMBER APPEAR BELOW. First American Title Insurance Company Lenders Advantage WASHINGTON DIVISION - NATIONAL DEFAULT TITLE, 818 STEWART STREET, SUITE 800 MARCY SAVAGE ASSISTANT SECRETARY / TITLE OFFICER PH: 206-728-7215 FX: 206-448-6248 ALTA OWNER'S POLICY (10/17/92) SCHEDULE A FILE NO: 3788374 REFERENCE: 0101583 AMOUNT OF INSURANCE: S348,534.72 PREMIUM: $1,089.00 SALES TAX: $98.01 DATE OF POLICY: MARCH 12, 2009 at 4:I0 PM 1. NAME OF INSURED: SB 5 DOYEA, LLC 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED WHICH IS COVERED BY THIS POLICY IS. - FEE SIMPLE ESTATE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: SB 5 DOYEA, LLC 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: (SEE EXHIBIT "A" ATTACHED) SCHEDULER EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEY'S FEES OR EXPENSES) WHICH ARISE BY REASON OF: SECTION ONE: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, CLAIMS OF EASEMENTS OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS_ 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SIIORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS_ 5. (A)UNPATENTED MINING CLAIMS; (B)RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C)WATER RIGHTS, CLAIMS OR TITLE TO WATER; WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS-, (D)INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. 6. ANY LIEN, OR RIGIIT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS_ 7. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, CONSTRUCTION, TAP OR REIMBURSEMENT CHARGES/COSTS FOR SEWER, WATER. GARBAGE: OR ELECTRICITY SECTION TWO: 1. LIABILITY FOR ASSESSMENTS AND/OR PERSONAL PROPERTY TAXES, IF ANY. 2. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 ST, YEAR: 2009. AMOUNT BILLED: $2,726.17. AMOUNT PAID: $1,363.09 AMOUNT DUE: $1,363.08, PLUS INTEREST AND PENALTY, 1F DELINQUENT. TAX ACCOUNT NO.: 102305-9212-01. LAND: $128,000.00. IMPROVEMENTS: $143,000.00. 3. CLAIMINOTICE OF LIEN: CLAIMANT: CITY OF RENTON AGAINST: THOMAS FOSTER AMOUNT: $104.87, PLUS ATTORNEY'S FEES, COSTS AND INTEREST RECORDED: JANUARY 4, 2008 RECORDING NO.: 20080104000%4 4. ANY AND ALL OFFERS OF DEDICATION, CONDITIONS, RESTRICTIONS, EASEMENTS, FENCELINE/BOUNDARY DISCREPANCIES, NOTES AND/OR PROVISIONS SHOWN OR DISCLOSED BY THE FILED OR RECORDED MAP REFERRED TO IN THE LEGAL DESCRIPTION, 5. AN EASEMENT, INCLUDING TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED AS INSTRUMENT NO.4267252 OF OFFICIAL RECORDS. FOR: RIGHT OF WAY AND UTILITY LINE AFFECTS: A PORTION OF THE LAND 6_ THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "SELLER'S NOTICE OF ON -SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS" RECORDED MARCH 3, 2006 AS INSTRUMENT NO.20060303001920 OF OFFICIAL RECORDS. 7. AN EASEMENT, INCLUDING TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED MARCH 22, 2007 AS INSTRUMENT NO. 20070322001371 OF OFFICIAL RECORDS. FOR: UTILITIES. IN FAVOR OF: PUGET SOUND ENERGY, INC. AFFECTS: A PORTION OF THE LAND. END OF SCHEDULE B 10.4I1I:31M&M ALL THAT CERTAIN LAND SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING, DESCRIBED AS FOLLOWS: THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY; THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 67 FEET AND EXCEPT THE EAST 30 FEET THEREOF, CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER AUDITOR'S FILE NO. 3065639. • da Carrie Olson From: Offe Engineers, PLLC [Darrell.offe@comcast.net] Sent: Thursday, June 04, 2009 3:43 PM To: Carrie Olson Subject: Re: Doyea Short Plat LUA08-020 Thanks - I talked with Mead Gilman - they are waiting for an updated title report because the bank took the property back. Once they have that, they will correct all your comments and change the owners name for re -submittal. I'm hoping for next week. Darrell ----- Original Message From: Carrie Olson To: 'Offe Engineers, PLLC' Sent: Thursday, June 04, 2009 2:22 PM Subject: RE: Doyea Short Plat LUA08-020 Hi Darrell, Just wanted to let you know that I haven't received an updated submittal for this project. Carrie From: Offe Engineers, PLLC[mailto:Darrell.offe@comcast.net] Sent: Thursday, May 21, 2009 8:45 AM To: Carrie Olson Subject: Re: Doyea Short Plat LUA08-020 Carrie - thanks for the heads up. I will print out the March letter and find out from Mead Gilman why things weren't submitted. Darrell ----- Original Message -- From: Carrie Olson To. 'Offe Engineers, PLLC' Sent: Thursday, May 21, 2009 8:37 AM Subject: RE: Doyea Short Plat LUA08-020 Hi Darrell, After reviewing what was submitted to us, I find that we only received page 2 and 3 of the Deed of Dedication document and item 6 of the March 30th comment letter was not completed. Also, items 7 and 10 were not submitted for review. Apparently, you didn't get a chance to review this submittal for completeness before submitting it. When I receive the above corrections then I will submit for further review. Thanks, Carrie From: Offe Engineers, PLLC[mailto:Darrell.offe@comcast.net] Sent: Thursday, May 21, 2009 6:45 AM To: Carrie Olson Subject: Doyea Short Plat LUA08-020 Has the City finalized their review of the Doyea Short Plat? Are we ready to submit mylars? Darrell Offe Offe Engineers,PLLC 13932 SE 159th Place Renton, WA 98058-7832 Office (425) 260-3412 Fax (425) 988-0292 C.ITY O i�' RENTONN Denis Law, Mayor March 30, 2009 Darrell Offe Offe Engineers, PLLC 13932 SE 159`h Place Renton W,A. 98059 SUBJECT: DOYEA SHORT PLAT LUA08-020-SH01, Dear Mr. Offer. Department of Community and Economic Development Alex Pietsch, Administrator The review submittal on the above -mentioned short plat has been completed and the following comments have been returned. Please review these continents and make the necessary changes. Once changes have been completed please resubmit: three copies of the short plat drawings and three copies of any other related documents. SHORT PLAT REVIEW COMMENTS: See the attachment for a correction Heeded on Sheet 1 of 2. Change the title of the "DEDICATION" block to OWNERS' DECLARATION. The "LEGAL: DESCRIPTION" block should be shown in a larger type size, more in keeping with the size of the other text noted on Sheet 1 of 2. Provide a north arrow and scale for the "VICNINTY MAP". Revise the vicinity map on the face of the short plat to highlight the appropriate parcel. The parcel is located on Hoquiam not Jericho. ev�se a short plat plan to depict the location and dimensions of any existi�Stictures to remain within or abutting the plat. 44LT�TI file T-Wnt'1A-rTnNr cri?,.4KA i I 7. An abbreviated legal description must be noted on Page I of the Deed of Dedication document. Do include, in said abbreviated legal description, a reference to the quarter section, section, township, range, W.M_, in the City of Renton, King County, Washington. AIso include the j property tax parcel number in the upper right hand corner of Page 1. The legal description noted in Exhibit A, needs to include a reference to "IN THE CITY OF RENTON". Also note that said Exhibit A is "Page 2 of 3" of the deed document. \. The map is noted on Exhibit R. Include a reference to "Page 3 of 3" in said map exhibit. M Page I should be referenced as "Page I of 3". Do not note any "pages" within the bottom I" margin of the deed document. �w 1AP[anReview\C0LS0N\Shonp1Ws 20091Dayea SBPL 05L ChanpRequest&op.doc {� 1055 South Grady Way - Renton, Washington 98057 RENTN T O N AHEAD OF THE CURVE This psper contains 5u / recycled mate7al, 3U%post ccnsurrer ! Should you need to discuss any portion of this letter please contact me at (425) 430-7235. Sincerely, 0��K' Carrie K. Olson Development Services, flan Review cc: Yellow File SY ane Barnes From: Offe Engineers, PLLC [Darrell.offe@comcast.net] Sent: Tuesday, March 31, 2009 11:20 AM To: Share Barnes Cc: Cory -James Clouse Subject: Fw: Scanned document from Carrie Olson Attachments: doyea short plat.pdf Shane - comments for Doyea. When would you have the corrections finished and three copies of the short plat and deed of dedication back to me? Darrell ----- Original Message From: "Carrie Olson" <COlson@Rentonwa.gov> To: "'Offe Engineers, PLLC " <Darrell.offe@comcast.net> Sent: Tuesday, March 31, 2009 10:37 AM Subject: FW: Scanned document from Carrie Olson Hi Darrell, Please see attached for recent comments on Doyea Short Plat. Thanks, Carrie -----Original Message ----- From: Carrie Olson [mailto:COlson@Rentonwa.gov] Sent: Tuesday, March 31, 2009 10:30 AM Apr 05 09 03:18a Offe Engineers v 425 -0292 p.1 DOYEA 47 SE1/4, SEC. 0 SHORT 110, T P. 23N., u PLAT- ROE. 5E., W.M. RUTRICTIQN5 QF REQQRD SUBJECT TO EASEMENT, AND THE TERMS AND CONDITIONS THEREOF AS RECORDED UNDER RECORDING NUMBER 4267252. 2. SU3.IECT TO THE TE.RUS AND PROVISIONS OF A DOCUMENT ENTITLED SELLERS NOTICE OF CN—SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE RFQlTiREMENTS. 3. SUBJECT TO AN EASEMENT AND THE TERNS AND CONDITIONS THEREOF AS RECORDED ENDER RECORDM:7 NUV18ER 2C070322.001371, EASEMENT PROVISIONS AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ALL UTUTIES SERVING SUBJECT PLAT, AND THE; RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET, PARALLEL WIT.-; AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS, IN WHICH 7C INSTALL, �-AY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNCERCROUND CONDUITS, MAINS, CAE LES AND WIRES WITH NECFSSARY FACILITIES ANC C?HER EOUIRMENT FOR ]HE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, 74 AND GAS SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED THESE EASEMENTS ENTERED UPON FOR T}AESE P-IRPOSES SkiALL BE RESTORED AS NEAR AS 'CSSIFLE TO THEIR ORIGINAL CONDITICN BY THE UTILITY, NO L'NES OR W�RES FOR THE TRAIJSMISSIUNr� 0� ELECTRIC CURRE'J, TFLEP-.ONE OR CABLE TV SWELL BE P1. El) OR BE PERMIT-ED TO BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGr,OL:ND OR !'� CCNDJT ATTACHED TO A DIJILDING. CITY OF RENTON APPROVALS CITY OF RENTON �F3lC:' 6I}1E�F ?U8L1C '�"CORK; I�FPARTAw-�1� EXAMINED AND APPROVED THIS _ DAY OF 2.0— ... ---------- ------------_._-_ ADMINIST ro"R DEPT. OF ASSESSMENTS EXAMINED AND APPROVED TI IS -__--- DAY OF ------------- 20--_. ----- --- - -- -------------------------- KING COUNT( ASSESSOR OEPU - i' ASSESSOR CITY )F RENTON + De nis Law, Mayor 11R ��11 -NrURj; 1 March 30, 2009 Darrell Offe Offe Engineers, PLLC 13932 SE 150' Place Renton WA 98059 SUBJECT: DOYEA SHORT PLAT LUAOS-020-SHPL Dear Mr. Offe: Department of Community and Economic Development Alex Pietsch, Administrator The review submittal on the above -mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit three copies of the short plat drawings and three copies of any other related documents. SHORT PLAT REVIEW COMMENTS. 1. See the attachment for a correction needed on Sheet 1 of 2. 2. Change the title of the "DEDICATION" block to OWNERS' DECLARATION. 3_ The "LEGAL DESCRIPTION" block should be shown in a larger type size, more in keeping with the size of the other text noted on Sheet 1 of 2. 4. Provide a north arrow and scale for the "VICNINTY MAP". 5. Revise the vicinity map on the face of the short plat to highlight the appropriate parcel. The parcel is located on Hoquiam not Jericho. 6. Revise the short plat plan to depict the location and dimensions of any existing structures to remain within or abutting the plat. DEED OF DEDCIATION COMMENTS: 7. An abbreviated legal description must be noted on Page I of the Deed of Dedication document. Do include, in said abbreviated legal description, a reference to the quarter section, section, township, range, W.M., in the City of Renton, King County, Washington. Also include the property tax parcel number in the upper right hand corner of Page 1. 8. The legal description noted in Exhibit A, needs to include a reference to "1N THE CITY OF RENTON". Also note that said Exhibit A is "Page 2 of 3" of the deed document. 9. The map is noted on Exhibit B. Include a reference to "Page 3 of 3" in said map exhibit. 10. Page 1 should be referenced as "Page 1 of 3". Do not note any "paves" within_ the bottom 1" margin of the deed document. 1AP1anReview\C0LS0NMortp1ats 20091Doyea SHPL 05L ChangeRequestStop.doc R �T 1055 South Grady Way - Renton, Washington 95057 1 E N T 1V AHEAD OF THE CURVE This papercontams 50'G recycled material. 30 posi consumer Should you need to discuss any portion of this letter please contact me at (425) 430-7235. Sincerely, Carrie K. OIson Development Services, Plan Review cc: Yellow File DOYEA SHORT 4, SE 1 /4, SEC. 101 TWP. 23N., PLAT RGE. SE., W.M. RESTRICTIONS OF RECORD 1. SUBJECT TO EASEMENT, AND THE TERMS AND CONDITIONS THERFOF AS RECORDED UNDER RECORDING NUMBER 4267252. 2. SUBJECT TO THE TERMS AND PROVISIONS OF A DOCUMENT ENTITLED SELLERS NOTICE OF ON -SITE SEWAGE SYSTEM OPERATI')N AND MAINTENANCE REQUIREMENTS. 3. SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF AS RECORDED UNDER RECORDING NUMBER 20070322001371. EASEMENT PROVISIONS AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ALL UTILITIES SERVING SUBJECT PLAT, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, JNDER AND UPON THE EXTERIOR 10 FEET, PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS, IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND CONDUITS, MAINS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, TV, AND GAS SERVICE, TOGETHER WITH THE RIGHT TO EN?ER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. THESE EASEMENTS FNTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE 1-0 THEIR ORIGINAL CONDITION BY THE UTILITY. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRiC CURRENT, TELEPHONE OR CABLE TV SHALL BE PLACED OR BE PLRMITTLD FO BE PLACED UPON ANY L01 UNLESS THE SAME, SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. CITY OF RENTON APPROVAL CITY OF EXAMINED AND APPROVED THIS DAY OF 20__ _. ADMINISTRATOR DEPT. OF ASSESSMENTS EXAMINED AND APPROVED 1HIS 'DAY OF ------------- KING COUNTY ASSESSOR DEPUTY ASSESSOR I■CINI ' IN M1 n7R PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: March 30, 2009 TO: Carrie Olson FROM: Sonja J. Fesser YO SUBJECT: Doyea Short Plat, LUA-08-020-SHPL Format and Legal Description Review Bob Mac Onic and 1 have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: See the attachment for a correction needed on Sheet 1 of 2. Change the title of the "DEDICATION" block to OWN FRS' DECLARATION. The "LEGAL DESCRIPTION" block should be shown in a larger type size, more in keeping with the size of the other text noted on Sheet 1 of 2. Provide a north arrow and scalc for the "VICNINTY MAP". DEED OF DEDCIATION COMMENTS: An abbreviated legal description must be noted on Page 1 of the Deed of Dedication document. Da include, in said abbreviated legal description, a reference to the quarter section, section, township, range, W.M., in the City of Renton, King County, Washington. Also include the property tax parcel number in the upper right hand corner of Page 1. The legal description noted in Exhibit A, needs to include a reference to "IN THE afY OF RENTON". Also note that said Exhibit A is "Page 2 of 3" of the deed document. The snap is noted on Exhibit B. Include a reference to "Page 3 of 3" in said neap exhibit. Page 1 should be referenced as "Page 1 of 3". Do not note any "pares" within the bottom 1" rnargin of the deed document. 'A L'Tile Sys1LND - Land Subdivision & Surveying Ruvrds�LND-20 - Short P1ats105211RV090327.doc r Y'mr a U2 0 ::k rn A es 0 9 4 jL. 141" a" CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Department of Community and For Agenda of: March 16, 2009 Economic Development Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance ............. Doyea Short Plat (LUA08-020). Resolution ..........:. : RfI NCE Old Business.... NItIdE INITU WATE New Business..... Study Sessions... '� -p Exhibits: Deed of Dedication Exhibit Map Vicinity Map Information......... Administrative Short Plat Report and Decision Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for street improvements is approximately 1,045 sq. ft. used to widen NE 5" Place at Hoquiam Ave NE. along the property's southern boundary. This dedication is to comply with City of Renton code for new short plats and the Doyea Short Plat (LUA08-020). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION; Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. 1;1PIanKeviev+lCOL50N15hortpiats 20091Doyea 5I1PL 04m AGNBILL.doc CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Department of Community and For Agenda of: March 1,6, 2009 Economic Development Dept/Div/Board.. Development Services Division Staff Contact.... _ . Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance ........ . . . . . Doyea Short Plat (LUA08-020)_ ResoIution............ Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions, . , .. . Exhibit Map Vicinity Map Information...... , .. Administrative Short Plat Report and Decision Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other.. . ............ Fiscal Impact: N/A Expenditure Required... Transfer/Amendment. , . , . . . Amount Budgeted....... Revenue Generated........ _ Total Project Budget City Share Total Project, SUMMARY OF ACTION: The area to be dedicated for street improvements is approximately 1,045 sq. ft. used to widen NE 5`k' Place at Hoquiam Ave NE. along the property's southern boundary. This dedication is to comply with City of Renton code for new short _plats and the Doyea Short Plat (LUA08-020). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. ]-1PIanReviewlCOLSON'%Shortplats 20091Dowa SHPI, 04m AGNBiLL,doc Return Address. City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 DEED OF DEDICATION Property Tax .Parcel Number: Project Filet!: Street Intersection: f h y Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): I , t i City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (ilbbreviured or fill legal must go here- Additional legal on page ) The Grantor, for and in consideration of mutual bencfits conveys, quit claims, dedicates and donates to the Grantees) as named above, the above described real estate situated in the County of King, State of Washington. This dedication is required as a condition for development of property, IN WITNESS NVHF.REOF, I have Hereunto set my hand and seal the day and year as written below - Approved and Accepted By., Grantor(s): Grantce(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASH NNGTON SS A CKNO HILED GMENT COUNTY OF KfNG ) 1 certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print)_ My appointment expires: _ Dated: DEED_DOC page I EXHIBIT LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, 174-'ASHINGTON; EXCEPT THE NORTH 67 FEET; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEFD RECORDED UNDER RECORDING NO. 3065639; DESCRIBED AS FOLLOWS: BEGINNING AT TI IL SOUTHWEST CORNER OF HEREIN DESCRIBED PROPERTY; TIJENCI? NORTH 00°10'22" EAST ALONG THE WEST 1,INE THEREOF 6.00 FEET TO A LINE, PARALLEL WITH AND 6.00 FEET NORTH, AS MEASURED AT RIGHT ANGLES THERETO, OF THE SOUTH LINE 01: HEREIN DESCRIBED PROPERTY; THENCE SOUTH 88020'44" EAST ALONG SAID PARALLEL I:INE 124.68 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.91 FEET THROUGII A CENTRAL ANGLE OF 91°28720" TO THE EAST LINE. OF IIERFIN DESCRIBED PROPERTY; THENCE SOUTH 00° 10'56" WESTALONG SAID FAST LINE 31.65 FEET TO THE SOUTHEAST CORNER OF HEREIN DESCRIBED PROPERTY; THENCE NORTH 88°20'44" WEST ALONG THE SOUTH LINE "THEREOF 150.33 FEET TO THE POINT OF BEGINNING. L LRh1) 5/19/�( 'l�lCF7 z i-7V. J 30.0 S ' 30' w � Li n W � o � Q O z � � O N 98'20'44" VV 180 33' N.E. 5TH PLACE J �7 JOB NO. 08162 EXHIBIT _r_ SCALE: 1 "=30` CURVE LENGTH RADIUS DELTA CI 39.91 25.00 91'28'20" SW1/4, SE1/4, SEC. 10, T. 23 N., R. 5 E.. W.M. SHORT PLAT City of Renton REPORT & Department of Community & Economic Development DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: April 30, 2008 Project Name: Doyea Short Plat Owner: C. Thomas Foster, 6450 Southeenter BIvd Ste #106, Seattle, WA 98188 Applicant: C. Thomas Foster, 6450 Southcenter Blvd Ste ##106, Seattle, WA 98188 Contact: Darrell Offe, Offe Engineers, PLLC, 13932 SE 1590` Place, Renton, WA 98059 File Number: LUA08-020, SHPL-A Project Manager., Rocale Timmons, Associate Planner Project Summary: The applicant, is requesting an administrative two lot short plat located within the Residential - 8 (R-8) zoning designation. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the one tree that is onsite. There are no critical areas onsite_ Project Location: 553 Hoquiam Avenue NE Project Location Map SIIPL Report 08-020 City of Renton Department of Cr inity & Economic Development A istrative Short Plat Report & Decision DOYEA SHORT PLAT, LUA08-020, SHPL-A Report of April 30, 2008 Page 2 of 10 B. GENERAL INFORMATION: 1. Owner(s) of Record: C. Thomas Foster 6450 Southcenter Blvd Ste # 106 Seattle, WA 98188 2. Zoning Designation: Residential — du lac (R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family (RSF) 4. Existing Site Use: Existing single family residence to remain 5. Neighborhood Characteristics: North: Single Family Residential (R-8 zone) .East: Single Family Residential (R-8 zone) South. Single Family Residential (R-8 zone) West. Single Family Residential (R-8 zone) 6. Access: Driveway access off of NE 5"' Place 7. Site Area: 14,678 square feet (0.337 acres) C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan NIA 4924 12!512001 70111rig N/A 5099 1 1:' 1 /2004 Annexation NIA 5100 11 / 1/2004 D. PUBLIC SERVICES: 1. Utilities a. Water: The project site is located in the Water District 90 service area b. Sewer: There is an existing 8-inch sanitary sewer within NE 5"' Place. c. Surface/Storm Water: There exist storm water conveyance systems within Hoquiam Ave NE 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table e. Section 4-2-1 10- Residential Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions SHPL Report 08-020 City of Renton Department of Comn , & Economic .Development Admi, 2tive .short Plat Report & Decision DOYEA SHORT PLAT, LUA08-02u, .,HPL A Report of April 30, 2008 Page 3 of 10 b. Section 4-7-120: Compatibility with Existing Land Use and Plan — General Requirements and Minimum Standards c. Section 4-7-150: Streets — General Requirements and Minimum Standards d. Section 4-7-170: Residential Lots — General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN J 1. I..and Use Element: 2. Community Design Element.- G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant is proposing to subdivide a 0.337-acre (14,678 SF) parcel zoned Residential--8 (R-8) dwelling units per acre into two lots. The property is located on the northwest corner of Hoquiam Ave NE and NE 5"' Place. The existing single-family residence will remain on proposed Lot 2. Proposed lot sizes are as follows: Lot 1: 5,501 square feet Lot 2: 8,132 square feet An approximate 1,045 square foot dedication would be required along NE 5"' Place. There is currently a paved and improved public right-of-way along the frontage of the site. The proposal for two new tots would arrive at a density of 6.41 dwelling units per net acre (dulac). There are no critical areas ousite. Access to both proposed lots would be gained via separate private driveways from NE 5" Place. The topography of the site slopes from the north to the west, at an average slope of approximately° 5 percent. The site is vegctated with grass and shrubs, as well as 1 evergreen tree proposed for removal. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Enviroruncrital Review pursuant to WAC 197-1 1-800(6)(a). 3. Compliance with ERC Conditions Not Applicable 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These carnMerits are coritained in the official file, and the essence of the cominents has been incorporated into the appropriate sections of this report and the Departmental Recoininendation at the end of this report. 5. Consistency with Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Residential Single Family (RSF) on the Cott tprehensive Plan Land Usc Map. Lands in the RSF designation are intetrded for use as quality residtmtial detached development organized 5'HPI, Rcpor-1 08-020 City of Renton Department of C_ unity & Economic Development A istrative Short Plat Report & Decision DOYEA SHORT PLAT, L UA08-020, SHPL A Report of April 30, 2008 Page 4 of 10 into neighborhoods at urban densities. It is intended that larger subdivision, inI`ill development, and rehabilitation of existing housing be carefully designed to enhance and improve the quality of single- family living environments. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Policy LU-147. Net development densities should fall within a range a_f 4.0 to 8, 0 dwelling units per acre in Residential Single Family Neighborhoods. ✓ Policy Objective met ❑ Not Met Policy LU-148. A minimum lot size of 5, 000 square feet should be allowed on in fill parcels of less than one acre (43,560 sq. Ji.) in single-family designations. Allow a reduction on lot .size to 4,500 square feet on parcels greater than one acre to create an incentive for aggregation of land. The minimum lot size is not intended to set the standard for density in the designation, but to provide flexibility in subdivision plat design and facilitate development within the allowed density range. ✓ Policy Objective Met ❑ Not Met Policy LU-152. Single-family lot size, lot width, setbacks, and impervious surface .should be sufficient to allow private open space, landscaping to provide buffers/privacy without extensive fencing, and sufficient area far maintenance activities. ✓ Policy Objective Met ❑ Not Met Policy LU-154. Interpret development standards to support new plats and infill project designs incorporating street locations, lot configurations, and building envelopes that address privacy and quality of life for existing residents. ✓ Policy Objective Met ❑ Not Met Policy CD42. Infall development, defined as new, short plats of nine or feiver lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. +f Policy Objective lvlct ❑ Not Met h) Compliance with the Underlying Zoning Designation The subject site is designated R-8 on the City of Renton Zoning Map. The proposed developtnerat would allow for the future construction of one new single-family dwelling unit. Density: The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre. After subtracting approximately 1,045 square feet along NE 5"' Place and Hoquiam Avenue NIA, for right-of-way dedication, the zuet lot area is 0.31 acres. The proposal for two lots on 0.31 acres arrives at a density of 6.41 dwelling units per acre, which falls within the permitted density range for the R-8 zone. Lot Dimension: As demonstrated in the table below, all lots meet the requirements for minimum lot size, depth, and width. Lot Size 5,000 SF minirnutti Lot .1 5,501 SF Lot 2 (Corner) 8,132 SF Width Depth 50 feet required 65 feet required 60.02 feet 64.64 feet 91.68 feet 91.68 feet Setbacks: The required setbacks in the R-8 zone are as follows: Front yard is 15 feet for the primary structure and 20 feet for an attached garage; interior side yard is 5 feet; side yard along a street is 15 feet for the primary structure and 20 feet for an attached garage; and the rear yard is 20 feet. The SHPL Report 08-020 City of Renton Department of Comm & Economic Development Admin tive Short Plat Report & Decision DOYEA SHORT PLAT, LUA08-02. , _ W A Report of April 30, 2008 Page 5 of 10 proposed lots are oriented to such that their front yards would face south towards NE 5`t' Place. The existing house proposed to remain on Lot 1 would comply with the setback requirements for the R-8 zone. The setback requirements for proposed Lots 2 would be verified at the time of building permit review. Building Standards: The allowed building lot coverage for lots over 5,000 SF in size in the R-8 zone is 35 percent or 2,500 SF, whichever is greater. The existing residence proposed to remain on Lot 2 has a 1,200 square foot building footprint, which would result in a lot coverage of 15 percent on the proposed 8,132 square foot lot. The lot coverage requirements for proposed Lots 2 would be verified at the time of building permit review. e) Community Assets The site is vegetated primarily with shrubs, groundcover and one evergreen tree proposed for removal. RMC 4-4-130 requires that thirty percent of the trees shall be retained in a residential development. If the number of protected trees to be retained includes a fraction of a tree equal to or greater than 0.5 tree then the number shall be rounded up. The applicant proposes to clear the site including the existing tree, which would result in the retention of zero percent of the existing trees. However, the retention requirement would have resulted in a fraction of a tree less than 0.5 tree. 'Therefore, the applicant will not be required to replace the fraction of protected tree. The City's landscaping regulations require the installation of landscaping within the public right -of -way - The minimum amount of landscaping required for sites abutting a non -arterial public street is 5 feet, provided that if there is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped. A determination has been made that if no additional area is available within the public right- of-way due to required improvements, the 5-foot landscaped strip may be located within private property abutting the public right-of-way. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. In addition, the applicant will be required to plant two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 8 feet in height (conifer), within the 15-foot front yard setback area for the proposed lots. Existing landscaping may be used to augment the required landscaping. A conceptual landscape plan was submitted with the application. The proposal includes the installation of five feet of landscaping along NE 51h Place and Hoquiarn Ave NE and within the front yard of each of the lots. Two new Raywood Ash trees are proposed to be planted on Lot I within the 15-foot front yard setback. A Katsura and a Pink Flowering Dogwood along with ornamental shrubs (Rockrose, Viburnum) ground cover (Kinnikinnick) are also proposed to be planted on Lot 1. Five new Raywood Ash trees are proposed to be planted on I,ot 2 within the 15-foot front yard setback. A Jacquemontil Birch and a Japanese Snowbell, along with the same ornamental shrubs and ground cover, are also proposed to be planted on Lot 2. The submitted conceptual landscape plan complies with the City's landscaping requirements. A detailed landscape plan is required to be submitted as part of the Final Short Plat application. (1) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently a paved and improved public right-of-way along the frontage of the NE 5r' Place. The applicant is required to dedicate 6 feet in width along NE 5'4 Place (approximately 1,045 square feet in area). The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project_ One new lot (credit given for the existing residence) is expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips x 1 lot = $717,75) and is payable prior to the recording of the short plat. SHPL Report 08-020 City of Renton Department of Cc unity & Economic Development Ar strative Short Plat Report & Decision DOYEA SHORT PLAT, LUA08-u.,0, SHPL-A Report of April 30, 2008 Page 6 of I0 All wire utilities shall be installed underground per the City of Renton UnderGrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone and allows for reasonable infill of developable land. Both lots are rectangular in shape. Lots I and 2 would front NE 5"' Street. Both lots meet the requirements for minimum lot size, depth, and width as demonstrated in the table on page 4 of this report. Both lots appear to have sufficient building area for the development of detached single-family residences. e) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way (NE 5"' Place) via single-family residential driveways. Topography: The topography of the site slopes to the west, at an average slope of approximately 5 percent. Due to the potential for erosion that could occur during construction activities, staff reeonunends as a condition of approval that erosion control be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 edition of the Stormwater Management Manual. Relationship to Existing Uses: The properties surrounding the subject site are single-family residences and are designated R-8 oil the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Purr and Zoning Code, which encourage residential infill development. J) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicarit provides Code required improvements and fees. A Fire Mitigation Fee, based oil $488.00 per new single-family lot with credit given for the existing single-family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488,00 (S488.00 x l new lot W S488.00) and is payable prior to the recording of the short plat. Street addresses shall be visible from a public street. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor- of 0.44 students per single-farrrity residential dwelling. Based on the student generation factor, the proposed short plat would result in 0.44 additional students (0.44 X 1 Iot — 0.44) to the local schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Maplewood Elementary, McKnight Middle School and I lazen High School. Storm Water: The runoff from the new lot must use infiltration per design by a professional engineer, or be tight lined into the stomas drainage system or other options as listed in, and in accordance, with the 1990 King County Surface Water Design Manual. Infiltration is allowed if the soils are acceptable. If per the 1990 Manual the engineer of record determines that detention is required then the engineer shall use the 2005 Manual for sizing the detention facility. The Surface Water System Development charges are required, and based on a rate of S1,012.00 per new single-family lot (estimated total of S1.012.00 with credit for the existing lot). Payrricni of this fee will be required prior to issuance of utility construction permit. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the SHPL Report 08-020 City of Renton Department of Comr % & Economic Development Admi hive Short Plat Report & Decision DOYEA SHORT PLAT, LUA08-020, S11PL-A Report of April 30, 2008 Page 7 of 10 project. This includes installing a silt fence along the perimeter of the site that is to be disturbed_ The silt fence shall be in place before clearing and grading is initiated. This will be required during the construction of both off site and on -site improvements as well as building construction. Due to the potential for erosion to occur during project construction; staff recorntnends as a condition of approval that the project be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 edition of the Siormwater Management Manual. Water: The proposed development is located within the Water District 90 service area. The applicant submitted a Certificate of Water Availability with the land use application. Water main improvement plans shall be designed to City of Renton standards. The plans need to also be submitted to the City of Renton for review. All short plats are required by City Code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed single-family structure. If the proposed single-family structures exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. Any existing hydrants to be counted towards the fire flow requirernctits shall be Ecld verified. The applicant will show the location and distance of all existing fire hydrants within 300 feet of"the site. Existing and new hydrants will be required to be retrofitted with Storz "quick disconnect" fittings, if not already in place. Sanitary Sewer Utilities: Installation of individual side ,cwcrs by tltc developer is required prior to recording the short plat, dual side sewers are not allowed. The minimum slope for side sewers is 2%. The subject property is served by City of RCrrtUrl sewer service. There is in existing 8-inch sanitary sewer main adjacent to the site, which will need to be extended to serve the ucw lots. This project is located in the Honey Creek Special Assessment District (SAD 8611). 'These fees are $250.00 plus interest per new unit and shall be paid prior to issuance of a construction permit and recording (d the plat. Svstem Development Charges would be required and are based on the size of any and all domestic water meters. Payment of this fee will be required prior to issuance of utility construction permits, and prior to recording the short plat. H. FINDINGS: Ilaving reviewed the written record in the matter, the City now enters the following: 1. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 2. Comprehensive Plan: The subject proposal is consistcnt with the Comprcliensive Plan designations of the Residential Single Family (RSF) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the R-8 zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes grad conditions are complied with. 5. Existing Land Uses: The short plat is consistent with developulctit and uses surrounding the subject site, including: North: Residential Single Family (zoned R-8)-, East. Residential Single: Family (zoned R-8)-, South: Residential Single Family (zoned R-8)- and West: Rcsicicntial Single Family (zoncd R-8). 0. Systein Development Charges: Development Ch�ufges and a Server System Development Charges, at the current applicable rates, will be required for the each new single-family residence as hart of the construction permit. SNPL Rc port 08-0 20 City of Renton Department of Cc pity & Economic Development Ar 'stradve Short Plat Report & Decision DOYEA SHOR_TPLAT, LUA08-V,0, SHPL-A Report of April 30, 2008 Page 8 of 10 7. Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lot. L CONCLUSIONS: 1. The subject site is located in the Residential Single Family comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the R-8 zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The proposed two lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed two lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. J. DECISION: The Doyea Short Plat, File No. 11TA08-020, SHPL-A, is approved subject to the following conditions: 1. The project shall he required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume 11 of the 2001 edition of the Storinwater ;Management Manual. 2. The applicant shall pay a $488.00 Fire Mitigation Fee prior to the recording of the short plat. 3. The applicant shall pay the required Transportation Mitigation Fee based on $75.00 per net average daily trip prior to the recording of the short plat, DATE OF DECISION ON LAND USE ACTION: SIGNATURE: n Heil Watts, Development Services Director Decision Date SHIPL Report 08-020 -City of Renton Department of Comm & Economic Development Admin' ive Short Plat Report & Decision DO YEA SHORT PLAT, LUA08-020, ___PL A 'Report of April 30, 2008 Page 9 of 10 TRANSMITTED this 30`h day of April, 2008 to the OwneriApplic:antiContact: Contact / Applicant: Darrell Offe Offe Engineers, PLLC Renton, WA 98059 Owner: C. Thomas Foster 6450 Southcenter Blvd Ste #106 Seattle, WA 98198 TRANSMITTED this 30'h day ofApril, 2008 to the Party (ies) of Record: Kay Haynes 551 Elma Place NE Renton, WA 98059 TRANSMITTED this 30'h day of April, 2008 to the following Larry Meckling, Building Official Fire Marshal Neil Watts, Development Services Director Jennifer Henning, Planning Manager Kayren Kittrick, Development Services Jan Conklin, Development Services Carrie Olson, Development Services Renton Reporter Land Use Action Appeals & Request fur Reconsideration The administrative land use decision will became final if the decision is not appealed within 14days of the effective date of decision, RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision OD a short plat be reopened by the Administrator (Decision -maker). The Administrator (Decision -maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision -maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period, Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 14, 2008. An appeal of the decision must be fled within the 14- day appeal period (RCW 43,21.C.07.5(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-1 10. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall — 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required S75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. SHPL Report 08-020.doc City of Renton Department of Co nity & Economic Development Ar :strative Short Plat Report & Decision DOYEA SHORT PLAT, LUA08-uap, SHPI A Report of April 30, 2008 Page 10 of 10 ADVISORYNOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning. 1. Two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 — 8 feet in height (conifer), shall be planted or retained within the 15-foot front yard setback area for the proposed lots. 2. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. Property Services: 1. To be sent under separate cover. 1, ire: 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 sq. ft. in area (including garage), the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. The applicant should note that the fire flow available to the site is 1,000 GPM, therefore no residences over 3,600 SF in area can be permitted on the subject site due to the limited fire flow available. 2. All building addresses shall be visible from, or posted at, the public street. Plan Review - Sewer: 1. System Development Charges (SDC) are based on the size of any and all domestic water meters. These fees are collected at the time a constriction permit is issued and prior to recording the short plat. 2. Separate sewer stubs are required for each new lot prior to recording of the short plat. 3. This project is located in the Honey Creek Special Assessment District (SAD 8611). These fees are $250 plus interest per new unit and shall be paid prior to issuance of a construction permit and recording of the plat. 4. Minimum slope for side sewers shall be 2%. Dual side sewers are not allowed. Plan Rev_ieti,,, - Water: 1. Waterrnain improvement plans shall be designed to City of Renton standards. The plans, even though it is in Water District 90, need to also be submitted to the City of Renton for review. flan Review _Surface Water: 1. The new lots will be required to provide conveyance to address the storm water runoff from the individual lots. 2. Roof drains shall be tightlined to the storin system whenever feasible. 3. The Surface Water SDC fees of S 1012 per new single family house are required to be paid. These fees are collected at the time a construction permit is issued. 4. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. Plan Review — Strect, Transportation: 1. Per City of Renton code projects that are 2 to 4 residential units in s17c. shall provide half pavement width plus minimum of 10', curb, gutter and sidewalk on the project side. The project shall install a minimum 20' pavement section to the arterial if not existing. 2. The `vcst curb line on Hoquiam Ave NF, abutting this plat shall be located 18 feet from the right-of-way centerline to provide for an ultimate roadway face of curb to face of curb width of 36 feet. 3. All new electrical, phone and cable services and lines must be undergrounded. The construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording the plat. 4. Residential lots All lot corners at intersections of dedicated public rights -of -way shall have minimum radius of fifteen feet (15'). Miscellaneous: 1. Separate permits and fees for side sewer connections, water meters; and stonn drainage connections are required. 2. Applicant shall be responsible for securing all necessary easements for utilities. 3. Proposed new rockeries or retaining walls to be constructed that are greater than four feet in height (from bottom of footing to top (if -wall) will be require a separate building permit for structural review. A geotechnical report is required with the submittal. 4 All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. If three or more poles are required to be moved by (lie development design; all existing overhead utilities shall be placed underground. S11PL Report 08-020 D6 . 3 T23N RR E 1/2 - E � E 112th Pi. _,..__.. - z R-8 SE 113th � az R- R-8 NE 9th St -!!S d z R--8 N N NE w R-8 R-8, R-8 RM-F WA 1-S R-8 0 R-14 R- R-s R-10 A R-L � a g R-8 cc) 1 P—A 10 '� CANE St. R-10 R_8 F6 . 15 TZ3N ME E 1/2 SY �O G, ZONING - - _ -Renton Wy Lit.1+« P/B/PW TECHNICAL SERVICES EXHIBIT 1 Ef1=dBD° 10 T23N ME E 1/2 5310 A PORTION OF THE SW 1/4 OF THE SE 1/4 OF SECTION 10, TOWNSHIP 23 N, RANGE 5 EAST, W.M. I M016_ 5 68'20'at' E isp34' w 60.02' 90. 52' Z { fw -a, 10EASEMENT 1G' y2007032200137, W m. 0 Vol � 4 T I Q Sp. so SO. n S TO REMAIN.',..., .r a 15' UTILITY ;I IY I z x EASMT 4}'y� J I O 2 RECR4267252 I - 1 60.02' 7-5 4,5' E 1,10,12 wATC n PLACc.7T1 Df HEOICATEO I SHORT PLAT INFORMATION: TOTAL AREA: 0.34 ACRES PROPOSED NUMBFR OF LOTS: 2 ZONING: R-8 R/W TO BE DEDICATED: 1.045 SO. FEET PROPOSED NET DENSITY: 6.4 '_EGAL DESCRIPTION: .AST HALF OF THE FOLLOWING DFSCR18EC PROPERTY: HE SOUTHEAST QUARTER OF THE NDRTH HALF OF THE NORTHWEST QUARTER )F THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF EXHIBIT NASH[N IQ, TOWNSHIP 23 NORTH, RANGE 5 EA5T, WM, KING COUNTY, HASH WG TON; :XCEP7 THE NORTH 67 FEET 3ECTIONAND EXCEPT THE EAST 30 EEFT THEREOF, CONVEYED TO KING CCUNTY 700 ROAD BY OECD RECORDED UNDER AUDITOR'S FILE NO. 3065639. OWNER: ." W I - I'„ CLINTON THOMAS FOSTER, AS HIS SEPARATE ESTATE E450 SGUTHCENTER 13LV0. SUi TF IDS SEATTLE, WASHINGTON 98188 SURVEYOR: MEAD GILMAN k ASSOC. 17625 - 130TH AVENUE NE SUITE 104 WOODINVILLE• WASHINGTON 98072 ENGINEER: DFFE ENGINEERS. PLLC 13932 SE 1591h PLACE RENTON, WASHINGTON 98058-7832 DEVELOPMENT PLANMNG CITY OF RENTON MAR 3 1 M Ipt PK" IN TIUR PRQER UKAIM GRAPHIC SCALE rbM w 10 A,.r 1.1 rr e.r.. wrt m/�onaol e , m.F vRc xo. LF—W, t7vc5 y f 1-4 I1 a� r Rl o N HOQUTAM AVENUE NE s , . 1111— im =Noll, ��[t �09LIa +=E LLG L6i4L i DOYEA SHORT PLAT LMDSCVC PLAN ,VAarYVAUY&VARrY � ^� i .OFF VAMY lam ar, ittect 137451E 704 L— IYawir, YM98M +ss+669+�0 - �_�" ( • CITY OF 00YEA SHOAT aLA7 I RENTON aEHtar, was lNcro -- _-' rn. �v�aox � wa ww .,��. '"^"'a/�+ay/++�� •w air- ' rn x 03 !24 ac) m x n + S m DOYEA SHORT PLAT TOM FOSTER ,..TOPOGRAPHY AND TREE O O z 0 z m fA 0 r m fa m 0 fA m 0 0 2 — o 0 z HOQUTAM AVENUE NE ® OFPE ENG mrxE S rwia empallad e, wn��rrMan mmme�uSri , , rOn Ol0 ruM1. M CfKJ]IFO F z z a _ z 0 m m r a w =��se _0 " s QC 9aap � ca►a -nm - pa m o� zi z a) DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way -Renton, WA 98055 Phone, 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1- 1414, BO square feet 2, Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** `I, q€ihtract line 2from line 1 for net area 4, Ui�lne ilr7e ii hy 4 i,hiiU for net acreage 5. Number of dwelling units or iots planned 14� 44 square feet square feet ;i .� CJ`"II>ril fnni 3: i �1, AG, "O!l�re feet Wrr, i 5. f-I units lots - A - U. idyll. 111ty :) UY 111tv'f lul Iiet Gehjlty. Ci. �:� _ UVVI Illfft.J *Oriti,_al Areas are defined as "Areas deterrunined by Me City to be not suitable for. ...e-veooprneni and .,niw;E rare subjeC, to the Lriy s Grmcai +areas Reguiations t:iii� _ u'narins nr iic:r 3L.s� Critical areas buffers are not deducted/excluded. {l Allru-, tnii.Mi.^ :7Hvn+A_ -in nt hnwa tin ha - --'mil- �.r --'-� �: �.. _�•,�� �•_ --�. ..�-.. .-.. -�.. ....... ... ..... ..... PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS .LAND .;USE P'F-RMIT SUBMITTAL WA V'0 MODIFIED CpMMENTS: REQUIREMENTS: 6Y:: Uy Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PHITs) 4 Plat Name Reservation 4 Postage a Preapplication Meeting Summary 4 Public INorkS Approval Letter 2 Rehabilitation Plan 4 Screening Detail A. Site Plan 2 AND 4 Stream or Lake Study; Standard 4 Stream or Lake Study, Supplemental, Stream or Lake Mitigation Plan 4 Street Profiles 2 Title Report or Plat Certificate 4 Topography Map 3 Traffic Study z Tree Cutting/Land Clearing Plan 4 Urban Center:Design .Overlay District Report a Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites z AND 3 Lease Agreement, Draft 2AND 3 Map of Existing Site Conditions 2AND 3 Map of View Area 2 AND 3 Photosimulations 2AND 3 This requirement may be waived by: 1. Property Services Section PROJECT NAME: —Z�)) Ste T 2. Public Works Plan Review Section 3. Building Section DATE: 4. Planning Section H:IForm s\Planninglmaiverofsubmilialregs.As 02/48 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE FERMIT SUBMITTAL REQUIREMENTS.; WAI1fEt] BY; MODIFIED BY: COMNl NTS: Calculations, Colored Maps for display. Construction Mitigation Description 2AND4 Deed of Right -of -Way Dedication Density Warksheet 4 Drainage Control Plant ... .......... .. _ _.: Drainage Report 2 Elevatt.ons, Architectural*AN0 4 Environmental Checklist 4 Existing Covenants tR:.ecorded Copy) 4 Existing Easements (Recorded Copy) 4 Flood Hazard Data 4 Floor Plan$ 3ANO4 G eotec h nical 'Report. ZOO 3. Grading Plan, Conceptual 2 Grading Plan: Detailed z Habitat Data Report 4 Improvement Deferral Irrigation Plan 4 King County Ass%sors' Map Indicating S'i'tO4 - Landscape Plan, Conceptual4 Landscape Dian, l:]etaIedA Legal Description 4 List of Surrounding Property Owners 4 Mailing Labels for Property Owners 4 Map of Existing Site Conditions4 - Master Application Form 4 Monument Cards (one per monument).., Neighborhood Detail Map 4 This requirement may be waived by. 1. Property Services Section PROJECT NAME. �J 2. Public Works Plan Review Section 3, Building Section DATE: 4. Planning Section H AForms\P lan n inglwaiverofsubmittalregs. xls 02/08 Parcel. name: TOTAL PARCEL, North: 182047.8455 East : 1314614.6516 Line Course: N' 88-20--40 W Length: 150.34 North: 182052.1890 East 1314464.3744 = Line Course: S 00-10-22 W Length: 97.69 North: 181954.4994 East 1314464.0798 D Line Course: 5 88-20-44 E Length: 150.33 -i North: 181950.1591 East 1314614.3471 C. Line �7curse: N 00-10-56 E Length: 97.68 North: 182047.838i East 1314614.6578 i Perimeter: 496.04 Area: 14,680. 6%P S.F. 0.33 a�_:res Map --heck Closure - (Uses listed courses, radii, and deltas)Lj Error Closure: 0.0092 Course: 5 41-58-27 EI Error NofUi:-0.00685 East . 0.00616 Precision: 53,917.39 ❑ ❑ C, Parcel name: Ft/W DEDICATION - North: 181981.8143 East . 1314f,i4,;416 Curve Length: 39,91 Radius: 25.00 Delta: 91-28-20 Tangent: 25.65 ❑ Chord: 35.81 Course: S 45--55-06 ran' Course In: N 89-49-04 W Course Out: S 01-39-16 WCi RP North: 181.981.8938 East 1314589.4417 End North: 181956.9042 East : 1314588.7199 U Lire Cot:rs.e: N 88-20-44 w Length: 124,68 _ North: 181960.5039 East 1314464.C919 Line CoursQ: S 00-10-22 W Length: 6.00 ❑ North: 181954.5039 East 1314464.0138 Line Course: S 88-20-44 E Lenrith: 150.33 J North: '81950.1637 East 1314614.3411 -1 L1.rie [_'curse: N 00-10-56 E Length: 31.65 C North: 181.981.8135 East 131.4614.4418 L Perimeter: 352.57 Area: 1,044. %%P S.E. C.02 acresLJ Mapcheck Closure - (U',es listed courses, radii, and deltas)❑ Error Closure: 0.0008 Course: S 15-4C1-47 EC F,rror North:-0.O0076 East : C.00021 E Precision 1: 440,712.50 --------------- - - - - Parcel name: LOT 1 North: 182050.4551 East : 1314524.3682 Line Course: N 8 8 -2 0-4 0 W Lerig th: 60_C2 North: 182C52.1891 East 1314464.3733 L Line Course: S 00-10-22 WLength- 91.69 North: 181960.4996 East 1314464.0968 D Line Course: S 88-20-44 E Length: 60.02 North: 181958.7667 East 1314524.0917 _i Line Course: N 00-10-22 E Length: 91.68 ,- North: 182050.4463 East 1114524_'1682 C Perimeter: 303.41 Area: 5,`)01. ooP S.F. 0.12 acres❑ E Mapcheck Closure - (Uses listed courses, radii, and deltas';C Error Closure: 0.0088 Course: S H -01-21 E❑ Error North:-0.00884 East : O.00000 I Precision 1: 34,478.41 ❑ -------------------------------------.__-----____-- ---C3 Parcel name: LOT 2,� North: 1820d7.8455 East : 1314614.6516 Line Course: N 88-20-40 W Length: 90.32 North: 182050.4549 East . 1314524.3694 _ Line Course: S 00-10-22 W Length: 91.68 = North: 181958.7753 East 1314524.0929 Liiie Course: S 88-20-44 F Length: 64.66 North: 181956.9085 East 1314588.72!i9 Curve Length: 39.91 Radius: 25.00 Delta: 91-28-20 Tangent: 25.65 Chord: 35.81 Course: N 45-55-06 E-i Course In: N 01-39-16 E Course Out: S 89-49-04 F1 RP North: 181981.8981 Fast : 1314589.4477 E Frcl North: 181981.8186 East 1314614.4476 Line Course: N 00-10-56 F Length: 66.03 North: 18204?.8482 East 1314614.6576 J n Perimeter: 352.60 Area: 8,135. ¢oP S.F. 0.18 acresli `4apcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0065 Course: N 65-12-38 Eli Error North: 0.00275 Fast : 0.00594 C Precision 1: 54,246.15 L ------------------------ Parcel name: 'TOTAL YA.CE North: 182047.8455 East : 1314614.65=6 17 Tine Course: N 88-20-40 W Length: 130.34 �- North: 182052,1890 East 1314404.3144 Line Course: S 00-10-22 W Length: 97.69 North: 181954.4994 East 1.31.4464.0798 Line Course: S 88-20-44 E Length: 150,33 North: 1519.50.1591 East 1314614.3131 Lino Course: N 00-10-26 E Length: 97,68 North: 18200.8 387 East 1314614.6578 nerimeLer: 496.04 Area: 14,680. %P S.F. 0.33 anres_FJ Mapcheck Closure - (Uses listed courses, radii, and delLaa' Error Closure: 0.0092 Course: 5 41-58-27 E Error North:-0.00685 East : C.00616 Precision 1: 53,917.39 ---------------------------- Parcel name: R/W DEDICATION - North: 181981.8143 East : 1314614.4416 Curve Length: 39.91 Radius: 25.00 Delta: 91-28-20 Tangent: 25.65 Chord: 35.81 Course: S 45-55-06 W., Course In: N 89-49-04 W Course Out: 5 01-39-16 W RP North: 181981.8938 East 1314589.4417 End North: 181956.9042 East 1314588.7199 C Line Course: N 88-20-44 W LergLh: 124.68 North: 181960.5039 East 1314464,0919 Line Course: ; 00-10-22 W Length: 6.00 _: North: 181954.5039 East 1314461.0738 Line Course: S 88-20-44 F Length: 150.33 C North: 181950.1637 East 1314614.3411 Line Course: N 00-10-56 F Length: 31.05 F- North: 181981.8135 East 1314614.4418 C. Perimeter: 352.57 Area: 1,044. W S-F. 0.02 acresD] Aapchcck Closure - (Uses listed courses, radii, and deltasM Error Closure: 0.0008 Course: S 15-40-47 E Error North:-0.00076 Fast : 0.00021 Precision 1: 440,712.50 G ------------------ Parcel name: LOT 1 North: IW50.455! East : 1314524.3682 Lire Course: N Q -40 W Length: 60.02 North: 192052.1891 East 1314464.3133 Tine Course: S 00-10-22 W Length: 91.09 North: 181960.4996 East 1314464.0968 Line Course: S 88-20-44 E Length: 60.02 North: 181958.?667 East 1314524.C917 Lire Course: N 00-10-22 E Length: 91.68 - North7 182050.440 East 1314524.3682 Perimeter: 303.41 :area: 5,5C1. % P S.F. 0.12 acresi Mapcheck Closure - (Uses listed courses, radii, and deltas) I Error Closure: O.OQ88 Course: S 00--01-21 El - Error North:-0.00884 East L7 Precision 1: 34,478.4] --------------------------------------------------------------------------- Parcel narr.e: LOT 2[[- Nor7h: 182047.8455 EasL 1314614.6516 - I.;ne Course: N 88-20-40 W Length: 90.32 -; North: 182050.4549 East 1314524.3694 L_ne Course: S 00-10-22 W Length: 91.68 North: 181958,7753 East 1314524.0929 Line Course: S 88-20-44 E Length: 64.66 North: 181956.9385 East 1311588.7259 _ Curve Length: 39.91 Radius: 25.00 Delta: 91-28-20 Tangent: 25.65 Chorci: 35_81 Course: N 45-55--06 E'!. Coarse In. N O1-39-16 E Coi_rse S 89-49-04 E RP North: 181981..8981 East 1314589.4417 End North: 181981.8186 East 1314614.44"16 Line Course: N 00-10-56 F, Length: 6F._0? North: 182047.8482 Fast 1314F14_fi5(D Perimeter: 352.60 Area: 6,135. shP S.F. 0.18 acre;! Mapcheck Closure - )Uses listed coursas, radii, and deltas) Error Closure: 0.0065 Course: N 65-12-30 F,._ Error North: 0.00275 East O,00394 Precision l: �)4,246.15 i -------------------------- Parcel. narr:e: TOTAL PARCELr F1 North: 182047.8455 East : 1314614.6516 _+ Line Coarse: N 88-20-40 W Length: 150.34 _ North: 182052.1890 East 1314464.3744 L Line Course: S 00-10-22 W Length: 97.69 North: 181954.4994 East 1314464.0"198 Line Course: S 88-20-44 E Length: 150.33 L North: 181950.1591 East 1314614,3471 Line Course: N 00-10-56 E Length: 9"1.68 North: 182041.8387 East 1314614.6578 L Perimeter: 496.04 Area: 14,680. %%P S_F. 0.33 acresC E Mapcheck Closure - ;Uses listed courses, radii, and deltas}u Error Closure: 0.0092 Course: S 41-58-2i EA Error North:-O.00685 East : 0.00616 Precision 1: " 3 , 91'? _39 17 Li ------------------------------- J Parcel. name: R/6d DEDICATIJN-- North: 181981.8143 East 1319514.4416 Curve Length: 39.9= Radius: 25.00 Delta: 91-28-20 Tan(jent: 25.65 ❑ t;hcrd: 35.81 Course: S 45-55-06 W1 Course In: N 89--49-04 W Course out: S 01-39-16 WU RP North: 181981.8938 Fast 1314589.4417 J End North: 1819`)6.9042 East 1314588.7199 LI Line Course: N 838-20-44 W Length: 124.68 LI North: 181960.5039 East 1314464.0919 J Line Course: S 00-10-22 iW Length: 6.00 ❑ North: 181954.5039 East 1314464.0738 Line Ccur_se: S 88-20-44 E Length: 150.33 7 North: 181950.1631 East _ 1314614.3411 CJ Line Ceurse: N 00-10-56 F Length: 31.65 �] North: 181981.8135 East : 1314614.4418 L Perimeter: 352.57 Area: 1,044_ %%P S_F. 0.02 acres❑ Mapcheck Closure, - (Uses listed courses, radii, and deltas}❑ Error Closure: 0.0008 Course: 5 15-40-4"/ E❑ Error North: -0.00076 East 0,00021 ❑ Precision 1: 440,712.50 ------------------ J Parcel name: LOT 1 north: 1.82050.4551 East 1314524.3682 J Line Course: N 88-20-40 W Length: 60.02 North: 182052.1891 East 1314464.3733 ❑ Line Course: 5 00-10-22 W L.er)gth: 91 .69 North: 181960.4996 East 1314464.0968 Line Course: .S 88-20-44 E Length: 60.02 C North: 131958.7667 East 1314524.0917 Line (-our_,e: N 00-10-22 E T,ength: 9i_6H North: 182,)50.4463 Fast : 1314524.3682 U Perimeter: 303.41 Area: 3,501. t%P S.E. 0.12 acres) Mapcheck Closure - (Uses listed courses, radii, and deltas)[] Error Clcsure: 0.008d Course: S OC-01-21 EC Error North: -0.00984 East 0.00000 J Precision 1: 34,478.41 ❑ L ------------------- - Parcel name: T,OT 2L North: 182047.8455 East _ 1314614,6516 Line Course: N 88-20-40 W Length: 90.32 -i North: 182050.4549 East 1314524.3694 Line Course: 5 00-10-22 W Length: 91.68 North: 181958.7753 East 1314524.0929 Line Course: S 88-20-44 E Length: 64.66 North: 181956.9085 East 1314588.7259 Curve Length: 39.91 Radius: 2S_00 Delta: 91-2B-2G Tarigent: 25.6.5 Chord: 15.81 Course: N 45-55-06 E-i Course ln: N 01-39-16 E Course Out: S 89-49-C4 EE RP Nczth: 181981.8981 East 1314.589.44?7 `{ Fnd North: 181981.8186 East 1314614.44;16 .I Line Course: N 00-10-56 E Length 66.03 A North: 182047.8482 East 1311614 . 6576 C El Perimeter: 352.60 Area: 8,135. %-,P S.F. 0.18 acres Mapche,ck Closure _ (Uses listed courses, radii, and deltas)[] Error_ Closure: 0.0065 Course: N 65-12-38 Ell, Error North: 0.00275 East : 0.00594 Precision 1: 54,246.15 ❑ Return Address. City Cleric's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 DEED OF DEDICATION Property Tax Parcel Number: Project File #: i A) X l-2�A — ,'7.-:7 �. Street Intersection: .0 i-- G, 47- el =l i, n.r A .t r- r- v1-Irf1--yv Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Ahbreviated ar full legal must go here. Additional legal on page ) The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. This dedication is required as a condition for development of property. IN WITNESS Wl{EREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box DEED.DaC Granttee(s): City of Renton Mayor City Clerk STATE OF WASHINGTON ) SS COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Page I EXHIBIT LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTIEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 67 FEET; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER RECORDING NO. 3065639; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTCORNER OF HEREIN DESCRIBED PROPERTY; THENCE NORTH 00°10'22" EAST ALONGTHE WEST LINE THEREOF 6.00 FEET TO A LINE PARALLEL WITH AND 6.00 FEET NORTH, AS MEASURED AT RIGHT ANGLES THERETO, OF THE SOUTH LINE OF HEREIN DESCRIBED PROPERTY; THENCE SOUTH 88°20'44" EAST ALONG SAID PARALLEL LINE 124.68 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.91 FEET THROUGH A CENTRAL ANGLE OF 91 °28'20" TO THE EAST LINE OF HEREIN DESCRIBED PROPERTY; THENCE SOUTH 00°10'56" WEST ALONG SAID EAST LINE 31.65 FEET TO THE SOUTHEAST CORNER OF HEREIN DESCRIBED PROPERTY; THENCE NORTH 88'20'44" WEST ALONG THE SOUTH LINE THEREOF 150.33 FEET TO THE POINT OF BEGINNING. LA3 " ifsj<D7 N 88'20'40" W 1 50.34' — — 3o.°''� EXHIBIT °' Lico30' rn z o `D II7 LLl rn `O � L d Cr} -OD � LO z o W � d THIS PORTION HEREBY CONVEYED w� Q TO THE CITY OF RENTON FOR Q ROAD PURPOSES. o 0 N 88'20'44" W 124.68' G� CO z (� 6.00' 1,044± S.E. O c0 N 88'20.44" W 180.33' N.E. 5TH LA E PLACE SCALE: � "�— 30' ���oF{•WAS ��•� CURVE LENGTH RADIUS DELTA `F �G•�� C1 39.91 25.00 91'28'20" •cn _ z, SW 1 /4, SE1 /4, SEC. 10, T. 23 N., R. 5 E., W.M. �o •, 35145 45 Mead Gilman & Assoc, AtL A�� Q�¢�4. Professional Land Surveyors EXPIRES: , I�t�O� }lsjo 7 so P.O. BOX 289, WOODINVILLE, WA 9807 JOB N0. 08162 PHONE: (425) 486- 1 252 FAX: (425) 486-61 ( Form No.14 Subdivision Guarantee Guarantee No.: 4209-1333098 GUARANTEE Issued by First American Title Insurance Company 818 Stewart St, Ste 800, Seattle, WA 98101 Title Officer.- Pat Fullerton Phone: (206)728-0400 FAX. First American Title Form No. 14 Suhdivision Guarantee (4-10-75) First American Pat Fullerton (206) 615-3055 pfullerton@rirstam.com LIABILITY $ 1,000.00 Title Team One Fax No. (866) 904-2177 Jennifer Salas (206)615-3011 jsaias@firstam,eom SUBDIVISION GUARANTEE Guarantee No.: 4209-1333098 Page No.: 1 First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn-(206)728-0400 (800)826-7718 Fax - FEE $ 350.00 TAX $ 31.50 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Tina Kotas (206) 615-3012 tkotas@firstam.com 4209-1333098 Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Langley Development herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: January 20, 2009 at 7:30 A.M First American Title Form No, 14 Guarantee No.: 4209-1333098 Subdivision Guarantee (1-10-75) Page No.: 2 SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Clinton Thomas Foster, as his separate estate B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: The East half of the following described property: The Southeast quarter of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. Except the North 67 feet thereof. Also Except the East 30 feet thereof conveyed to King County for road by Deed recorded under Recording No. 3065639. APN: 1023059212 First Amenean Title Form No. 14 subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4209-1333098 Page No.: 3 1. General Taxes for the year 2009, which cannot be paid until the 15th day of February of said year. Tax Account No.: 1023059212 1st Half Amount: 1,363.09 Assessed Land Value: $ 128,000.00 Assessed Improvement Value: $ 143,000.00 2nd Half Amount: $ 1,363.08 Assessed Land Value: $ 128,000.00 Assessed Improvement Value: $ 143,000.00 2. Delinquent General Taxes for the year 2008 Tax Account No.: 1023059212 1st Half Amount Billed: $ 1,213.36 Amount Paid: $ 0.00 Amount Due: $ 1,213.36, plus interest and penalty 2nd Half Amount Billed: $ 1,213.36 Amount Paid: $ 0.00 Amount Due: $ 1,213.36, plus interest and penalty 3. Delinquent General Taxes for the year 2007 Tax Account No.: 1023059212 1st Half Amount Billed: $ 1,207.66 Amount Paid: $ 0.00 Amount Due: $ 1,207.66, plus interest and penalty 2nd Half Amount Billed: $ 1,207.65 Amount Paid: $ 0.00 Amount Due: $ 1,207.65, plus interest and penalty 4. Delinquent General Taxes for the year 2006 Tax Account No.: 1023059212 1st Half Amount Billed: $ 1,170.70 Amount Paid: $ 773.41 Amount Due: $ 397.29, plus interest and penalty 2nd Half Amount Billed: $ 1,170.70 Amount Paid: $ 0.00 Amount Due: $ 1,170.70, plus interest and penalty I-irst American Title Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1333098 Page No.: 4 5. Delinquent taxes may be subject to foreclosure proceedings by King County. Additional amounts may also be owing in connection with the foreclosure process. 6. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Clinton Thomas Foster, a married man as his separate estate Grantee/Beneficiary: Seattle Savings Bank, a Washington bank corporation Trustee: First American Title Insurance Company, a corporation Amount: $350,000.00 Recorded: March 3, 2006 Recording Information: 20060303001923 A document recorded July 15, 2008 as Recording No. 20080715001193 , purportedly substitutes Northwest Trustee Services, Inc. as Trustee under the Deed of Trust/Mortgage. 7. Lien for utility charges in favor of City of Renton Against: Thomas Foster Amount: $104.87 Recorded: January 4, 2008 Recording Information: 20080104000964 8. Judgment. In Favor of: Against: Amount: Dated: Filed: Judgment No. (if applicable) Case/Cause No.: Attorney for Judgment Creditor Michael Dooley and Linda Dooley RAL Development & Venture Co., Thomas Halliday, Kathleen Holliday and C. Thomas Foster $132,609.33 , together with interest, costs and attorneys' fees, if any May 25, 2006 May 25, 2006 06-9-18893-0 02-2-07731-5 Undisclosed Said Judgment was recorded on June 13, 2005 under Recording No. 20050613001049. Said Judgment was assigned to Langley Venture Group by the instrument recorded on June 6, 2006 under Recording No. 20060606000689. 9. Judgment. In Favor of: Washington First Intl Bank Against: C. Thomas Foster and Maryl Foster Amount: $1,445,226.46 together with attorneys' fees, if any Dated: May 30, 2007 Filed: May 30, 2007 Judgment No. (if applicable) : 07-9-16344-7 Case/Cause No.: 06-2-35218-1 Attorney for Judgment Creditor: Michael Joseph Gearing interest, costs and First American Title Form No. 14 Subdivision Guarantee (4-10-75) 10. Judgment. In Favor of: Against: Amount: Dated,. Filed: Judgment No. (if applicable) Case/Cause No.: Attorney for Judgment Creditor Guarantee No.: 4209-1333098 Page No.: 5 Washington First Intl Bank C. Thomas Foster and Maryl Foster $266,929.70 , together with interest, costs and attorneys' fees, if any May 30, 2007 May 30, 2007 07-9-16345-5 06-2-35218-1 Michael Joseph Gearing 11. Easement, including terms and provisions contained therein: Recording Information: 4267252 For: Right of way and utility line 12. The terms and provisions contained in the document entitled "Seller's Notice of On -Site Sewage System Operation and Maintenance Requirements" Recorded: March 3, 2006 Recording No.: 20060303001920 13. Easement, including terms and provisions contained therein: Recorded: March 22, 2007 Recording Information: 20070322001371 In Favor Of: Puget Sound Energy, Inc., a Washington corporation For: Electric transmission and/or distribution system FirStAmericarr Title Form No. 14 Guarantee No.: 4209-1333098 Subdivision Guarantee (4-10-75) Page No.: 6 INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. B. The following deeds affecting the property herein described have been recorded within 24 months of the effective date of this commitment: NONE First American Title Form No. 14 Subdivision Guarantee (4-14-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4209-1333098 Page No.: 7 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) 'Taxes or assessments of any taxing authority that levies taxes or assessments an real property; or, (2) Pmc:eedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, Claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the Following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth In Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant An Assured shall notify the Company promptly in writing in case knowledge 5hali come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and Bien only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establisft the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shab be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the less or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, Checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim, Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said her for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Uability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest Covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4209-1333098 Page No.: 8 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto, 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shali permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shalt have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guaranbee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1262 (Rev. 12115195) First American Title (Y) I� 21730 SF co 9385 ' 0.27 AC r* o 0 9217 o O I 2 , I� 0.19 AClam ' 0.23 AC r Q a I 9185 9298 30 ' W I . 19.005 U 0 I� 2.83 AC IMX5 AC m II 9123 .33 9212 Ir O > 149.005 I 27 1 .34 AC 3070 ', ri 255.51+ — f i r 182.5+- I im Xmas2177 TR,A + A .53 AC 0.37 AC 106 .i i ,a23os LOT �.cr'� 9� 20060303001921,:;:. AFTFR RECORDING MAIL TO: 20060303001921 KING COUN , WA Clinton Thomas Foster ogttiam Avenue NE E2190622 Re Renton, WA 9(1U56 03/03/2009 15:52 "TP4X COUNy7e;23S.e0 SALE $330,0@0.00 PAGE001 OF 001 Escrow No: 27367AT Tax ID No: 102305921201 Brief Legal D7 ucription: Sectlor 10, Township 23 North, Range 5 East of SE114, NW1l4, SW114, Foil L a11 Legal an page: 1 FIRS" AMERICAN 5_1 �� ' Statutory Warranty Deed I j $ 3-2— "Z 1E GRANTOR Vmncent D. Doyca and .lanet L_ Duyea, 1tusbaod and wire for and in consideration of Ten dollars and other good and valuahle consideration in hand paid, conveys and warrants to Clinton Thomas Foster, a married man as his 5cpnrate estate the following described real estate, situated in the County ofKiN(;, State of W shingtort: The East half or the following described property: Tire Southeasr quarter of the North half of the Northwest quarter of the Soumwem quarter of the Southeast quarter of Section 10, To�vnslrip 23 North, RHIL e 5 East, \V-M., in King County, 'Washin;,ton; Except the North 67 feet And Except the l:nst 30 feet thereof, atrrveycd to Icing Comity for rend by peed rceortled under AudiIor's Mile No. 3065639_ SUBJECT TO: F sentettt, includiag terms ant] provision contaitied therein, Recorded #4267252 for right of way and utility line. Assessor's Property Tax Parcel ACC4unt Nurr,ber(s)- 1023()5923201 Dated this 28th day of February, 2006 Vttttcent D. Dnyc:a anet 1,_ Day" STATE OF WASFIING"ITON C:Ql1NTY OF �( I certify t1 kn or have satisfactory eviclenc6 that Vunonit D. 1?oyeA and .fsletet I_Doyca are the persons who appeared etore rne, and sa,d persons acknowledged that they sdgrncd this instrument and acknowledged it to be their free and voluntary act for the uses and purposes men ti on ed in this instrurncnt. Dated: 311)06 Notary Publi in at or the State of Washington Residing at L(1�t1 My appointment expires: 3 (Jr S%S v;y:o, Fs 1_1nooiwA ae.,. t3f2W96 1.1'13_10 20060303001922.-.__ I �f 60O303001922 FIRST AMN OCU 32.00 03/03/2006 16:07 KING COUNTY, WA AFTER RECORDING MAIL TO: Clinton Thomas Foster E2190623 5450 Southcenter Blvd #106 Seattle, WA 98188 03/03/2006 15: 54 KING COUNTY, WA TAX $10.00 SALE $0.00 RAGE001 OF 001 Escrow No: 27367AT Tax No: 102305921201 grief Legal: Senior 10, Township 23 North, Range 5 East of SEV4, NW114, SW114, SE1/4 Full page legal on page 1 Quit Ciairn Deed THE GRANTOR Maryl C. Foster, wife of grantee for and in consideration of w cslabtish separate properly conveys, and quit claims to Clinton Thomas Poster, a married man as his separate estate the follu%�ing described real estate, situated in the County of Kl\'G, State of Washington, together with all after acquired title of the gtanwr(s) therein: The 1;'mt half of the followimr,, 4lc5crrihcd property: The Souttwast quarter of the North half of the Norlhi.est quarrcx of the Som[h.vust quarter of the $outheasl ipwrn:r urSertiun lf),'Totrnship 23 North, 15 East, W,Ni., in Kimt; Counry, ltiashia�tim; Tmccpr the North fr; 1 And VxcerN thr Fast 39 fcef thereof, cornrtyed to 1:in.' Cuurtth. For rostl hs )IVE41 rcCur4rd amitcr Auditor's file \'o. 31465639. FIRST AMER1,GA2� V'-� 3Z_ �7 Dated Nlnrch yy. ZI}I}t F� ivlaryl C- osier STATE OF WA6F1fNGTON COUNIY OF f l C I certify that 1 know or have satisfactory evidence that Fmrccr/J / f, xn are the persons who appeared before rne, and Said persons acknowledged 4hat hei%helther signed this instrument and acknowledged it to be and voluntary act for the uses and purposes mentioned in this instrument. Dated: irbtary P Iin an for the S c of Washington -" `r Residing ] r A 5 v�:.� Fan sooaswn nee"+ana•ss� L LPl_t-12 20060303001923. - L Return Address SEATTLE SAVINGS BANK I'_ O. Box 19102 Seattle, WA 98109 ATTN: Construction Loan Dept. Loan #: 2197-60227 20060303001923 FIRST A1IERICAN DT 123.00 PAGE001 OF 027 03/03/2006 18:07 KING COUNTY, WA Document Title(s) (or transactions contained therein): 1. DHED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING 2. Reference Number(s) of Documents assigned or released: (an page of document) ¢ I T Ar ERE A N Grantor(s) (Last name first, then first name and initials): f 1 1. Clinton Thomas Foster, a married man as his separate estate [ k Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): L SF.ATTLE SAVINGS BANK Additional names an page — of document. Trustee(s) (Last name first, then first name and initials): 1. FiRSTAMERICAN TITLE INSURANCE COMPANY Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Section 10, Township 23 North, Range 5 East of SE 1/4, NW 1/4, SW 1/4, SE 1/4 Full legal description is on page _ of document. Assessor's Property Tax Parcel/Account Number(s) 102305921201 20060303001921 ... EXHIBITS A and B DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING This deed of trust, assigrnnent of leases and rents, security agreement and fixture filing (hereinafter called "Deed of Trust") is made as of February 27, 2006, among Clinton Thomas Foster, a married man as his separate estate, whose address is 20840 SE 118"' Street, Issaquah, WA 98027 (hereinafter called "Grantor"); First American Title Insurance Company, a corporation, whose address is 2101 Fourth Ave, Suite 800, Seattle, WA 98121 (hereinafter called "Trustee"); and SEATTLE SAVINGS BAND, a Washington bank corporation, whose address is 190 Queen Anne Avenue No. #100, P. O. Box 19102, Seattle, WA 98109 (hereinafter called "Beneficiary")_ WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL, and CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of icing, State of Washington, described in EXhibit A attached hereto and by this reference incorporated herein, together with any and all buildings, structures and improvements now or hereafter crected on or attached to the property, including, but not limited to, the fixtures, attachments, appliances, equipment, machinery, and other articles on, in or attached to the property or to such buildings and improvements, all of which are herein collectively called the "Property"; TOGETHER WITH all interests, estate or other claims, both in law and in equity, which Grantor now has or nzay hereafter acquire in the Property; TOGETHER WITH all easements, rights -of -way and rights used in connection therewith or as a means of access to the Property, and all tenements, hereditarnents and appurtenances of and to the Property, and all water rights, permits, certificates and water rights agreements and shares of stock evidencing the same; TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property; and any and all sidewalks, alleys, and strips and gores of land adjacent to or used in connection with the Property; TOGETHER WITH all right, title and interest of Grantor in and to all personal property (the "Personal Property") now or hereafter owned by Grantor and now or at any time hereafter located on or at the Property or used in connection therewith, including, but not limited to, all goods, machinery, tools, insurance proceeds, equipment (including fire sprinkters and alarm systems, office air conditioning, heating, refrigerating, electronic monitoring, window or structural cleaning rigs, maintenance, and all other equipment of every kind), lobby and all other indoor and outdoor furniture, tags, carpets, and other floor DEED OF TRUST PAGE I 20060303001 q7'% : =: coverings, all inventory related to the Grantor's operation of the Property and any business operated thereon by Grantor, draperies, drapery rods and brackets, awnings, window shades, venetian blinds, curtains, lamps, chandeliers and other lighting mixtures, and office maintenance and other supplies and all proceeds thereof and all rights of Grantor as lessee of any Personal Property; TOGETHER WITH all right, title, and interest of Grantor in the funds deposited pursuant to Section 1.6 or Section 1.7; TOGETHER WITH all the estate, interest, right, title, other claim or demand, which Grantor now has or may hereafter acquire in the Property, including all uneanied premiums under insurance policies now or hereafter obtained by Grantor, claims or demands with respect to the proceeds of insurance, all proceeds (including, without limitation, funds, accounts, deposits, instruments, general intangibles, notes or chattel, paper) of the conversion, voluntary or involuntary, of any of the property described above into cash or other liquidated claims, including proceeds of hazard, title and other insurance and proceeds received pursuant to any sales or rental agreements of Grantor in respect to the Property, all refunds or rebates of taxes or assessments on the Property, all rights of action in respect of the Property and all judgments, damages, awards, settlements and compensation (including interest thereon), heretofore, or hereafter made to the present and all subsequent owners of any property or rights described or encumbered hereby for any injury to or decrease in the value thereof for any reason, or by any governmental or other lawful authority for the taking by eminent domain, condemnation or by any proceeding or purchase in lieu thereof of all or any part of the Property, including, without limitation, any awards resulting from a change of grade of streets and awards for severance damages. TOGETHER WITH any and all existing and future leases (including subleases thereof), whether written or oral, rental agreements and all future agreements for use and occupancy, and any and all extensions, renewals and replacements thereof, upon all or relating to any part of the Property (hereinafter collectively referred to as the "Leases"); TOGETHER WITH any and all guaranties of tenant's performance under any and all of the Leases; TOGETHER WITH the iimrnediate and continuing right to collect and receive all of the rents, fees, charges, accounts, income, receipts, revenues, issues, profits and other income or other payments of any nature now due or which may become due or to which Grantor may now or shall hereafter (including any income of any nature coming due during any redemption period) become entitled to or may make demand or claim for, arising or issuing from or out of the Leases or from or out of the Property or any part thereof, including but not limited to fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities, minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance contributions, deficiency rents and liquidated damages following default in any Lease, all accounts, instruments, and general intangibles DEED OF TA155T PAGE. 2 20060303001923.--= related to the Grantor's operation of the Property and any business operated thereon by Grantor and all proceeds thereof, and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, together with any and all rights and claims of any kind which Grantor may have against any tenant under the Leases or any subtenants or occupants of the Property and all proceeds payable as a result of the Tenant's exercise of an option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any rights or claims of any kind that Grantor may have against Tenant under the leases or any occupancy of the Property (all such monies, rights and claims described in this paragraph being hereinafter called "Cash Collateral"), excepting therefrom, any sums which by the express provisions of any of the Leases are payable directly to any governmental authority or to any other person, firm or corporation other than the landlord under the Leases; SUBJECT, HOWEVER, to a license hereby granted by Beneficiary to Grantor, but limited as hereinafter provided, to collect and receive all of the Cash Collateral, TOGETHER WITH all plans, specifications, contracts, agreements and purchase orders pertaining or incidental to the design or construction of any improvements; TOGETHER WITH all of Grantor's rights under any payment, performance or other bond in connection with construction of Improvements, and all construction materials, supplies and equipment delivered to the Property or intended to be used in connection with the construction of Improvements wherever actually located. All architectural drawings, plans, specifications, soil tests, feasibility studies, appraisals, engineering reports and similar materials relating to the Property; TOGETHER WITH all contracts and rights pertaining to or affecting the Property including without limitation all options or contracts to acquire other property for use in connection with operation or development of the Property, deposits, bank accounts, contract rights, accounts, general intangibles (including without limitation trademarks, trade names and symbols), permits, licenses, franchises and certificates; TOGETHER WITH all commitments or agreements, now or hereafter in existence, intended by the obligor thereof to provide Grantor funds to repay the Beneficiary or improve the Property and the right to receive all proceeds due under such commitments or agreements including refundable deposits and fees; TOGETHER WITH all books, records, surveys, reports, and other documents related to the property described herein or construction or operation of the Property; TOGETHER WITH all governmental permissions, environmental clearances, authority to subdivide the Property, rights, licenses and permits as are necessary for the DEED OF TRUST PAGE 3 0 2006030300149�`' commencement, continuation, completion, occupancy, use and disposition of all or any portion of the Property; and TOGETHER WITH all additions, accessions, replacements, substitutions, proceeds and products of the property described herein. The entire estate, property, and interest hereby conveyed to Trustee may hereafter be referred to as the "Trust Estate." FOR THE PURPOSE OF SECURING: I. Payment of indebtedness in the principal amount of $350,000.00 with interest thereon, evidenced by that certain promissory note of even date herewith (the "Note") executed by Grantor, which has been delivered to, and is payable to, the order of Beneficiary and which, by this reference, is made a part Hereof, and any and all modifications, extensions and renewals thereof. The interest rate, payment terms, or the balance due on the Note and the indebtedness evidenced thereby may be indexed, adjusted, renewed, or renegotiated without affecting the priority of this Deed of Trust. 2. Payment of all sums which may become due from Grantor under the Secured Loan Documents or advances by Beneficiary or its successor under the Secured Loan Documents, with interest thereon at the Default Rate (as defined herein), which include but are not limited to, fire and other hazard insurance and taxes upon the property, according to the terms of this Deed of Trust; payment by the Grantor of all reasonable attorneys' fees and costs incurred by the Trustee or Beneficiary in; foreclosing this Deed of Trust or realizing upon any of the collateral for the obligations which this Deed of Trust secures; payment by Grantor of all reasonable attorneys' fees and costs incurred by Trustee or Beneficiary in defending the priority or validity of this Deed of Trust or the title to the Property; payment by Grantor of all sums advanced by Beneficiary to or on behalf of Grantor for the purpose of clearing encumbrances or defects from the title to the Property where Beneficiary, in good faith, believes such encumbrances to be superior to the lien of the Deed of Trust, including, without limitation, payment of ad valorem taxes and mechanics' or materialmen's liens which may have gained priority over the lien of this Deed of Trust; payment by Grantor of all reasonable attorneys, fees and costs incurred by Trustee or Beneficiary in any bankruptcy proceedings or any reorganization or arrangement proceeding under the United States Bankruptcy Code affecting Grantor or this Deed of Trust, and payment of all other sums advanced by Beneficiary under the Secured Loan Documents to protect the Trust Estate, with interest thereon at the Default Rate, 3. Payment of all other sums, with interest thereon, which may hereafter be loaned to Grantor, its successors, or assigns, by Beneficiary, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. 4. Payment and performance of all of the obligations of Grantor under any loan agreement between Grantor and Beneficiary related to the loan evidenced by the Note MG-D OF TRUST PAGE 4 20060303001c0l= (together with all modifications, amendments, supplements, and exhibits thereto, the "Loan Agreement"). This Deed of Trust, the Note, the Loan Agreement, and any other document given to evidence or further secure the payment and performance of any obligation secured hereby may hereafter be referred to as the "Loan Documents." Notwithstanding the foregoing, this Deed of Trust does not secure and shall not be construed as securing any obligation of Grantor under (a) the Hazardous Substance Indemnity Agreement of even date herewith made by Grantor or (b) the Certificate of Compliance with Access Laws and Indemnification of even date herewith made by Grantor. The term "Secured Loan Documents" means the Loan Documents except the Hazardous Substance Indemnity Agreement and the Certificate of Compliance with Access Laws and Indemnification. ARTICLE I. COVENANTS AND AGREEMENTS OF GRANTOR Grantor hereby covenants and agrees: 1.1 Maintenance of the Property The Property shall be maintained in good condition at all times. Grantor shall promptly make all necessary repairs, replacements, and renewals so that the value of the Property shall be maintained. Grantor shall not commit or permit any waste on the Property. Grantor shall comply with all laws, ordinances, regulations, and private restrictions affecting the Property, Grantor shall operate the Property in such manner as to prevent deterioration of the land and improvements including fences, except for reasonable wear and tear from proper use. Grantor shall not demolish or remove any improvements from the Property without the written consent of Beneficiary. 1.2 Required Insurance Grantor shall at all times provide, maintain, and keep in force, or cause to be provided, maintained, and kept in force, the following policies of insurance: (a) Insurance against loss or damage to the building and improvements situated on the property (the "Improvements") by fire and any of the risks covered by insurance of the type now known as "broad form of extended coverage," in an amount not less than one hundred percent (100%) of the full replacement cost of the Improvements (exclusive of the cost of excavations, foundations, and footings below the lowest basement floor), and with not more than $5,000.00 deductible from the loss payable for any casualty. The policies of insurance carried in accordance with this subparagraph a. shall contain the "Replacement Cost Endorsement"; (b) Insurance against loss or damage to the Personal Property by fire and other risks covered by insurance of the type now known as "broad form, of extended coverage"; DEED OF TRUST PAGE 5 2006030300199'1 (c) A commercial general liability insurance policy with respect to the Property, including contractual liability coverage in a minimum amount of $1,000,000.00, or such other amounts as Beneficiary may require and from an. insurance company acceptable to Beneficiary. Such policy shall be endorsed to provide that the insurance is primary to and not contributory to any similar insurance carried by Grantor and shall contain a severability of interest clause. (d) A flood insurance policy providing coverage based on Federal Emer ,ency Management Agency recommendations or, at Beneficiary's option, full replacement cost coverage if the Property is located in an area designated by the Department of Housing and Urban Development as a special flood hazard area; (e) Such other insurance and in such amounts as may, from time to time, be required by Beneficiary against the same or other hazards, including, without limitation, business interruption insurance or insurance covering loss of rents; and (f) All policies of insurance required by the terms of this Deed of Trust shall contain an endorsement or agreement by the insurer that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Grantor which might otherwise result in forfeiture of said insurance and the further agreement of the insurer waiving all rights of set-off, counterclaim, or deductions against Grantor (Non -Contributory Standard Mortgage Clause and Lender's Loss Payable Endorsement --Form 438 BFU NS or CP 12- or their equivalent). 1.3 Delivery of Policies; Payment of Premiums Proceeds (a) All policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall have attached thereto a lender's loss payable endorsement for the benefit of Beneficiary in form satisfactory to Beneficiary. Grantor shall furnish Beneficiary with an original policy (or certificate of insurance if acceptable to Beneficiary) of all policies of required insurance. If Beneficiary consents to Grantor providing any of the required insurance through blanket policies carried by Grantor and covering more than one location, then Grantor shall furnish Beneficiary with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. (b) At least 30 days prior to the expiration of each such policy, Grantor shall furnish Beneficiary with evidence satisfactory to Beneficiary of the payment of premium and the reissuance of a policy continuing insurance in force as required by this Deed of Trust. All such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage without at least 30 days prior written notice to Beneficiary, In the event Grantor fails to provide, maintain, keep in force, or deliver and furnish to Beneficiary the policies or certifteates of insurance required by this section, Beneficiary may procure such insurance or single -interest DBF,D OF TRUST PA<3F 6 20060303001 q')l - - insurance for such risks covering Beneficiary's interest, and Grantor will pay all premiums thereon promptly upon demand by Beneficiary and, until such payment is made by Grantor, the amount of all such premiums shall be secured by this Deed of Trust. (c) In the event of loss, Grantor shall immediately notify Beneficiary, who may make proof of loss if it is not made promptly by Grantor_ Proceeds shall be paid directly to Beneficiary who may compromise with any insurance company and make a final settlement which shall be binding upon Grantor. Beneficiary may, at its election, apply the proceeds to the reduction of the indebtedness secured hereby or to the restoration or repair of the Property. 1.4 Assignment of Policies Upon Foreclosure In the event of foreclosure of this Deed of Trust or other transfer of title or assignment of the Trust Estate in extinguishment, in whole or in part, of the debt secured hereby, all right, title, and interest of Grantor in and to all policies of insurance required by Section 1.2 shall inure to the benefit of and pass to the successor in interest to Grantor or the purchaser or grantee of the Trust Estate_ 1.5 Indemnification; Subrogation; Waiver of Offset (a) if Beneficiary is made a party defendant to any Iitigation concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein, or the occupancy thereof by Grantor, then Grantor shall indemnify, defend, and hold Beneficiary harmless from all liability, loss, cost, or damage, by reason of said litigation, including reasonable attorney fees and expenses incurred by Beneficiary in any such litigation, whether or not any such litigation is prosecuted to judgment. (b) Grantor waives any and all right to claim or recover against Beneficiary, its officers, employees, agents, and representatives, for loss of or damage to Grantor, the Trust Estate, Grantor's property, or the property of others under Grantor's control from any cause insured against or required to be insured against by the provisions of this Deed of Trust. (c) All sums payable by Grantor hereunder and all obligations secured hereby shall be paid without counterclaim, setoff, deduction, or defense and without abatement, suspension, deferment, diminution, or reduction; and the obligations and liabilities of Grantor hereunder shall in no way be released, discharged, or otherwise affected (except as expressly provided herein.) by reason of (i) any damage to or destruction of or any condemnation or similar taking of the Trust Estate or any part thereof; (ii) any restriction or prevention of or interference with any use of the Trust Estate: or any part thereof; (iii) any title defect or encumbrance or any eviction from the Property or the Improvements or any part thereof by title paramount or otherwise; (iv) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation, or other like proceeding relating to Beneficiary, or any action taken with respect to this Deed of Trust by any trustee or receiver of Beneficiary, or by any court, in any such proceeding; (v) any claim which Grantor has or might have against ❑F.F D OF TRUST PAGE 7 20060303001W)l --- Beneficiary; (vi) any default or failure on the part of Beneficiary to perform or comply with any of the terms hereof or of any other agreement with Grantor; or (vii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing and whether or not Grantor shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Grantor waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension, deferment, diminution, or reduction of any sum secured hereby and payable by Grantor. 1.6 Taxes and Liens Grantor shall pay before they become delinquent all taxes and assessments levied against or on account of the Trust Estate and shall pay as due all claims for work done on or for services rendered or material furnished to the Property. Special assessments shall be paid. currently, without deferral, unless the lien for deferred assessments is subordinate to the interest of Beneficiary under this Deed of Trust, or Beneficiary gives its prior written consent to the deferral. Grantor shall maintain the Trust Estate free of any liens or encumbrances except for "Permitted Encumbrances" as defined in Section 1.10, the lien of taxes and assessments not delinquent, and except as hereinafter otherwise provided. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Beneficiary's interest in the Trust Estate is not jeopardized. if a lien arises or is filed as a result of nonpayment, Grantor shall within 15 days after the lien arises or, if a lien is filed, within 15 days after Grantor has notice of the filing, secure the discharge of the lien or deposit with Beneficiary cash or a sufficient corporate surety bond or other security satisfactory to Beneficiary in an amount sufficient to discharge the lien plus any costs, attorney fees, or other charges that could accrue as a result of a foreclosure or sale under the lien_ The assessor or tax collector of the county in which the Property is located is authorized to deliver to Beneficiary a written statement of the property taxes assessed or owing at any time. 1.7 Reserves Beneficiary may require Grantor to maintain reserves for payment of taxes (including special assessments and other charges against the Trust Estate by governmental or quasi -governmental bodies) or premiums on property insurance or both. The reserves shall be created by payment each month to Beneficiary of an amount determined by Beneficiary to be sufficient to produce by the date they are due amounts equal to the estimated taxes and insurance premiums to be paid. If at the time that payments are to be made the reserve for either taxes or insurance premiums is insufficient, Grantor shall upon demand pay such additional sum as Beneficiary shall determine to be necessary to cover the required payment. If Grantor desires to carry a package plan of insurance that includes coverage in addition to that required under this Deed of Trust, Beneficiary, if allowed by law, may at its option establish and administer a reserve for that purpose_ In such event the premium attributable to the required insurance coverage shall be quoted separately, and Beneficiary may permit Grantor to furnish a certificate of insurance rather than deposit the policy as required above. DEED OF TRUST PAGE 8 20060303001923.-- If at any time Beneficiary holds an insufficient amount in the insurance reserve to cover the premium for the entire package policy, Beneficiary may, at its discretion, pay only that portion of the premium attributable to the required insurance coverage. If the blanket policy does not permit such partial payment, Beneficiary may use the reserve funds for the premium on a new, separate policy providing the required insurance coverage and allow the package policy to lapse. Beneficiary shall not charge a service charge for collecting reserves and paying taxes and insurance premiums. The reserves shall not constitute a trust. Grantor agrees that Beneficiary may commingle reserve funds with other funds of Beneficiary and need not invest them for the benefit of Grantor. Grantor agrees that Beneficiary need not pay Grantor interest on reserves, unless applicable statutes require payment of interest notwithstanding any contrary agreement. 1.8 Expenditures by Beneficiary If Grantor shall fail to comply with any provision of the Loan Documents, Beneficiary may, at its option, on Grantor's behalf, and with subsequent notice to Grantor, take the required action and any amount that it reasonably expends in so doing shall be added to the indebtedness secured hereby. Amounts so added shall be payable on demand with interest at the default interest rate specified in the Note ("Default Rate") from the date of expenditure. Failure to repay such expenditure and interest thereon on demand will, at Beneficiary's option, constitute an event of default hereunder. Beneficiary may, at its option, commence an action against Grantor for the recovery of such expenditure and interest thereon, and in such event Grantor agrees to pay, in addition to the amount of such expenditure, all costs and expenses incurred in such action, together with a reasonable attorney's fee at trial and on appeal. 1.9 Utilities Grantor shall pay or cause to be paid when due all utility charges which are incurred by Grantor for the benefit of the Trust Estate or which may become a charge or lien against the Trust Estate for gas, electricity, water or sewer services furnished to the Trust Estate and all other assessments or charges of a similar nature, whether public or private, affecting the Trust Estate or any portion thereof, whether or not such assessments or charges are liens thereon, 1.10 Warranty; Defense of Title Grantor warrants that Grantor holds merchantable title to the Property in fee simple, free of all encumbrances other than the encumbrances described on Exhibit B attached hereto (hereinafter referred to as "Permitted Encumbrances"). Grantor warrants and will forever defend the title against the claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Beneficiary under this Deed of Trust, Grantor shall defend the action at Grantor's expense. If any Permitted Encumbrance is a lien, Grantor shall pay any sums and do any other acts necessary to prevent a default or prevent any action or condition which with the lapse of time, the giving of notice, or any other DEED OF TRUST PAGE 9 20060303001923.5i action of a creditor, would be a default or enable any creditor to declare a default or foreclose any Permitted Encumbrance which is a lien. 1.11 Condemnation If all or any part of the Trust Estate is condemned, the net proceeds of the award shall be paid directly to Beneficiary and be applied on the indebtedness secured hereby. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorney fees necessarily paid or incurred by Grantor and Beneficiary in connection with the condemnation. If any proceeding in condemnation is filed, Grantor shall promptly take such steps as may be necessary to defend the action and obtain the. award. Grantor hereby assigns to Beneficiary the net proceeds of any condemnation award, 1.12 Imposition of Tax The following shall constitute taxes to which this paragraph applies: (a) A specific tax upon deeds of trust or upon all or any part of the indebtedness secured by a deed of trust. (b) A specific tax on the owner of property covered by a deed of trust which the taxpayer is authorized or required to deduct from payments on the deed of trust. (c) A tax on premises covered by a deed of trust chargeable against Beneficiary under the deed of trust or the holder of the note secured. (d) A specific tax on all or any portion of the indebtedness secured hereby or on payments of principal and interest made by a Grantor under a deed of trust. If any federal, state, or local tax to which this paragraph applies is enacted subsequent to the date of this Deed of Trust, this shall have the same effect as a default and Beneficiary may exercise any or all of the rernedies available to it in the event of a default unless the following conditions are met: (a) Grantor may lawfully pay the tax or charge imposed; and (b) Grantor pays the tax or charge within 30 days after notice from Beneficiary that the tax law has been enacted. 1.13 Inspection That Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the Property for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of any of the Loan Documents. DEED OF TRUST PAGE 10 20060303001923.61 1.14 No Waiver By accepting payment of any obligation secured hereby after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other obligations secured hereby or to declare default for failure so to pay. 1.15 Accounting Grantor will keep and maintain or will cause to be kept and maintained in accordance with sound accounting practice accurate and proper books of record and account relating to the Property. Grantor shall permit Beneficiary to examine the books of account and other records of Grantor, to discuss the affairs, finances and accounts of Grantor and to be informed as to the same by Grantor, all at such reasonable times and intervals as Beneficiary may desire. Grantor will, at its own cost and expense, furnish to Beneficiary within ninety (90) days after the end of each fiscal year, its U.S. income tax return and annual financial statements of Grantor and copies of the balance sheet and operating statements relating to the Property for such year, in reasonable detail and in form and substance satisfactory to Beneficiary. In the event Grantor fails to furnish any of the financial statements hereinabove required, Beneficiary may cause an audit to be made of Grantor's books and records, at Grantor's sole cost and expense. 1.16 Use of Property; Commercial Loan The Property is not used principally for agricultural purposes. The loan evidenced by the Note is not made primarily for personal, family or household purposes. 1.17 Construction Mortgage This Deed of Trust is a "Construction Mortgage" or "Constniction Deed of Trust" to the extent that it secures an obligation incurred for construction of an improvement on the Property. ARTICLE 11. SECURITY AGREEMENT; FIXTURE FILING 2.1 Creation of Security Interest Grantor hereby grants to Beneficiary a security interest in (a) the Personal Property located on or at the Property, including without limitation any and all property of similar type or kind hereafter located on or at the Property, (b) the Cash Collateral, and (c) all other Trust Estate property in which a security interest may be granted under the Uniform Commercial Code of Washington (collectively, the "Secured Property"), for the purpose of securing all obligations of Grantor contained in any of the Secured Loan Documents. (SEED of TRUST PAGE I I 20060303001923.E 2.2 Warranties, Representations, and Covenants of Grantor Grantor hereby warrants, represents and covenants as follows: (a) Except for the security interest granted hereby, Grantor is, and as to portions o F the Secured Property to be acquired after the date hereof will be, the sole owner of the Secured Property, free froze any adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever. Grantor will notify Beneficiary of, and will defend the Secured Property against, all claims and demands of all persons at any time claiming the same or any interest therein. (b) Grantor will not lease, sell, convey or in any manner transfer the Secured Property without the prior written consent of Beneficiary. (c) The Secured Property is not used or bought for personal, family or household purposes. (d) The Secured Property will be kept on or at the Property and Grantor will not remove the Secured Property from the Property without the prior written consent of Beneficiary, except such portions or items of Secured Property which are consumed or worn out in ordinary usage, all of which shall be promptly replaced by Grantor with an article of equal suitability owned by Grantor free and clear of any lien or security interest except such as may be approved in writing by Beneficiary. (e) Grantor maintains aplace of business in the State of Washington, and Grantor will immediately notify Beneficiary in writing of any change in its place of business. (f) At the request of Beneficiary, Grantor will join Beneficiary in executing one or more financing statements and renewals and amendments thereof pursuant to the Uniform Commercial Code of Washington in form satisfactory to Beneficiary, and will pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. (g) All covenants and obligations of Grantor contained herein relating to the Trust Estate shall be deemed to apply to the Secured Property whether or not expressly referred to herein. (h) This Deed of Trust constitutes a security agreement as that term is used in the Uniform Commercial Code of Washington. 2.3 Fixture Filing This Deed of Trust constitutes a financing statement filed as a fixture filing in the Official Records of the County in which the Property is located with respect to any and all DGk:D OF TRUST PAGE 12 20060303001923. C' fixtures included within the term "Trust Estate" as used herein and with respect to any goods or other personal property that may now or hereafter become such fixtures. ARTICLE 111. ASSIGNMENT OF LEASES AND RENTS 3.1 Assignment Grantor hereby assigns to Beneficiary and grants to Beneficiary a security interest in all Leases and Cash Collateral as security for performance of all obligations contained in the Secured Loan Documents. 3.2 Representations and Warranties Grantor represents and warrants as follows: (a) Grantor has good right, title and interest in and to the Leases and Cash Collateral and good right to assign the same, and no other person has any right, title or interest therein. (b) Grantor has duly and punctually performed all and singular the terms, covenants, conditions and warranties of the Leases on Grantor's part to be kept, observed and performed- (c) The existing Leases, if any, are valid and, except as disclosed to Beneficiary in writing, unmodified and are in full force and effect. (d) Grantor has not previously sold, assigned, transferred, mortgaged, pledged or granted a security interest in the Leases and Cash Collateral, whether now due or hereafter to become due. (e) None of the Cash Collateral due and issuing from the Property or from any part thereof has been collected for any period in excess of one month from the date hereof, and payment of any of same has not otherwise been anticipated, waived, released, discounted, set off or otherwise discharged or compromised. (f) Grantor has not received any funds or deposits from any tenant for which credit has not already been made on account of accrued Cash Collateral. (g) None of the tenants under any existing Leases is in default of any of the terms thereof. 3.3 Covenants of Performance Grantor covenants and agrees as follows: DEED OF TRUST PAGE 13 20060303001921'37 (a) Grantor shall observe, perform, and discharge, duly and punctually, all of the obligations of the Leases on the part of Grantor to be kept, observed, and performed; and shall give prompt notice to Beneficiary of any failure on the part of Grantor to observe, perform, and discharge same. (b) Grantor shall notify and direct in writing each and every present or future tenant or occupant of the Property or any part thereof that any security deposit or other deposits heretofore delivered to Grantor have been retained by Grantor or assigned and delivered to Beneficiary as the case may be. (c) Grantor shall enforce the performance of each and every obligation:, term, covenant, condition, and agreement in the Leases by any tenant to be performed, and shall notify Beneficiary of the occurrence of any material default under the Leases. (d) Grantor shall appear in and defend any action or proceeding arising under, occurring out of, or in any manner connected with the Leases or the obligations, duties, or liabilities of Grantor or any tenant thereunder at the expense of Grantor. 3.4 Prior Approval for Actions Affecting Leases Grantor, without the prior written consent of Beneficiary, further covenants and agrees as follows: (a) Grantor shall not receive or collect any Cash Collateral from any present or future tenant of the Property or any part thereof for a period of more than one month in advance (whether in cash or by promissory note) nor pledge, transfer, mortgage, grant a security interest in, or otherwise encumber or assign future payments of Cash Collateral. (b) Grantor shall not waive, forgive, excuse, condone, discount, set off, compromise, or in any manner release or discharge any tenant under any Leases having a terra in excess of one year of or from any material obligations, covenants, conditions, and agreements by such tenant to be kept, observed, and performed, including the obligation to pay the Cash Collateral thereunder in the manner and at the place and time specified therein. (c) Grantor shall not cancel, terminate, or consent to any surrender of any of the Leases having a term in excess of one year, nor commence any action of ejectment or any summary proceedings for dispossession of the tenant under any such Leases, nor exercise any right of recapture of the Property provided in any such Leases, nor modify or in any way alter the terms thereof. (d) Grantor shall not lease any part of the Property for a term in excess of one year, nor renew or extend the term of any Leases of the Property other than month -to -month rental agreements unless an option therefor was originally so reserved by tenants in the Leases. DEED OF TRUST PAGE 14 20060303001923.- (e) Grantor shall not relocate any corntnercial tenant within the Property nor consent to any modification of the express purposes for which the Property has been leased, nor consent to any subletting of the Property or any part thereof, or to any assigrunent of the Leases by any commercial tenant thereunder or to any assignment or further subletting of any sublease. 3.5 Rejection of Leases Grantor further covenants and agrees as follows: (a) In the event any tenant under the Leases should become the subject of any proceeding under the United States Bankruptcy Code or any other federal, state or local statute which provides for the possible termination or rejection of the Leases assigned hereby, Grantor covenants and agrees that in the event any of the Leases are so rejected, no damage settlement shall be made without the prior written consent of Beneficiary, (b) Grantor will request that any check in payment of damages for rejection or termination of any such Lease will be made payable both to Grantor and Beneficiary. (c) Grantor hereby assigns any such payment to Beneficiary and further covenants and agrees that upon request of Beneficiary, it will duly endorse to the order of Beneficiary any such check, the proceeds of which will be applied to any portion of the indebtedness secured by this Deed of Trust in such manner as Beneficiary may elect_ 3.6 License to Collect Cash Collateral As long as there shall exist no default by Grantor in the payment of any indebtedness secured hereby or in the observance and performance of any obligation, term, covenant or condition or warranty herein or in the Note or contained in the Leases, Grantor shall have the right under a license granted hereby (but limited as provided herein) to collect, but not prior to accrual, all of the Cash Collateral arising from or out of said Leases or any renewals, extensions and replacements thereof, or from or out of the Property or any part thereof. Grantor shall receive such Cash Collateral and hold the Cash Collateral, together with the right and license herein granted as a trust fluid to be applied, and Grantor hereby covenants to so apply them, as required by Beneficiary, firstly to the payment of taxes and assessments upon the Property before penalty or interest is due thereon; secondly to the costs of insurance, maintenance and repairs required by the terms of this Deed of Trust; thirdly to satisfaction of all obligations under the Leases; and fourthly to the payment of interest, principal and any other sums becoming due under the Note and Secured Loan Documents, before using any part of the same for any other purposes. Upon the conveyance by Grantor and its successors and assigns of Grantor's interest in the Property, all right, title, interest and powers granted under the license aforesaid shall automatically pass to and may be exercised by each subsequent owner. DEED Or TRUST PAGE 35 0 20060303001923.01 ARTICLE IV. DEFAULT AND REMEDIES UPON DEFAULT 4.1 Events of Default Any of the following events shall be deemed an event of default hereunder: (a) Default shall be made in the payment of any installment of principal or interest on the Note or any other sum secured hereby when due; or (b) Grantor or any guarantor of the indebtedness secured hereby as applicable shall file a voluntary petition in bankruptcy or such a petition shall be filed against Grantor or any guarantor; or if Grantor or any guarantor shall file any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Grantor or any guarantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; or (c) A court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Grantor or any guarantor seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankniptcy, insolvency or other relief for debtors; or any trustee, receiver or liquidator of Grantor or any guarantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Grantor or any affected guarantor; or (d) A notice of lien, levy or assessment is filed or a writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest in the Trust Estate, or any judgment involving monetary damages shall be entered against Grantor which shall become a lien on the Trust Estate or any portion thereof or interest therein; or (e) There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation, or warranty contained in any of the Loan Documents or any part thereof, not referred to in this Section 4.17 or (f) A default occurs under any guaranty of the loan secured hereby or any guaranty of the loan secured hereby ceases to be in full force and effect or any guarantor asserts that any guaranty is not in full force and effect; or (g) The actual or attempted conveyance, assignment, transfer, mortgage, pledge, encumbrance, or other disposition of the Project, the Property, or Grantor's rights under this DEED OF TpuS'r PAVE 16 20060303001923.-_ Deed of Trust in violation of the terms of this Deed of Trust or the loan Documents without the written consent of Beneficiary; or (h) If the Loan Documents evidence or secure a construction loan, any of the following events shall also be deemed an event of default hereunder (capitalized terms not otherwise defined herein shall have the meanings given to them in the Loan Documents): (i) The dissolution, liquidation, bankruptcy, reorganization or insolvency, voluntary or involuntary, of the contractor, engineer or architect. (ii) Title to the Property is not satisfactory to Beneficiary by reason of any defect (even though the same may have existed at the time of any prior advance of the loan proceeds), except those matters affecting title which have at any time been consented to in writing by Beneficiary, or the Title Insurer fails or refuses to insure any disbursement to be secured by this Deed of Trust as a valid lien on the Property subject only to those matters affecting title which have at any time been consented to in writing by Beneficiary. (iii) Grantor does not construct the Project substantially in accordance with all material aspects of the Plans and Drawings and all applicable laws, rules, regulations and requirements now existing or hereafter enacted, adopted or promulgated of all governmental authorities having jurisdiction over the Property, or Grantor fails to file with the appropriate departments of any governmental authority having jurisdiction over the Property amended or supplemental Plans and Drawings if required by law, or Grantor fails to furnish to Beneficiary written certificates issued by such departments approving the Plans and Drawings. (iv) The substantial delay, discontinuation, or prohibition of construction of Improvements on the Property. (v) Grantor fails to comply with any requirement of any government authority having jurisdiction over the Property within the time required by such authority after notice in writing of such requirement shall have been given to Grantor. (i) If Grantor shall be in default, violation or non-compliance with a Permitted Encumbrance. 0) Any default by Grantor under any indebtedness (whether now existing or hereafter incurred) in favor of Beneficiary or the failure of Grantor to comply with or to perform any term, obligation, covenant or condition contained in any agreement between Grantor and Beneficiary (whether such agreement exists now or is hereafter made). DEED OF TRUST PAGE 17 20060303001923. 4.2 Rights and Remedies on Default Upon the occurrence of any event of default and at any time thereafter, Beneficiary may exercise any one or more of the following rights and remedies: (a) Withhold Rirther disbursernent of proceeds of the loan that is evidenced by the Note, (b) The right at its option by notice to Grantor to declare the entire indebtedness secured hereby immediately due and payable, (e) With respect to all or any part of the Property, the right to foreclose by judicial foreclosure in accordance with applicable law. (d) The right to have Trustee sell the Trust Estate in accordance with the Deed of Trust Act of Washington and the Uniform Commercial Code of Washington where applicable, at public auction to the highest bidder. Any person except Trustee may bid at the Trustee's sale. The power of sale conferred by this Deed of Trust and the law is not an exclusive remedy and when not exercised, Beneficiary may foreclose this Deed of Trust as a mortgage. Trustee is not obligated to notify any party hereto of a pending sale under any other deed of trust or of any action or proceeding in which Grantor, Trustee, or Beneficiary shall be a party, unless such action or proceeding is brought by Trustee. (e) With respect to all or any part of the Trust Estate that constitutes personalty, the rights and remedies of a secured party under the Uniform Commercial Code of Washington. (f) The right, without notice to Grantor, to terminate the license granted to Grantor to collect the Cash Collateral without taking possession, and to demand, collect, receive, sue for, attach and levy against the Cash Collateral in Beneficiary's name; to give proper receipts, releases and acquittances therefor; and after deducting all necessary and proper costs and expenses of operation and collection as determined by Beneficiary, including reasonable attorney fees, to apply the net proceeds thereof, together with any funds of Grantor deposited with Beneficiary, upon any indebtedness secured hereby and in such order as Beneficiary may determine. In furtherance of this right, Beneficiary may require any tenant or other user to make payments of rent or use fees directly to Beneficiary, and payments by such tenant or user to Beneficiary in response to its demand shall satisfy the obligation for which the payments are made, whether or not any proper grounds for the demand existed. (g) The right to have a receiver appointed to take possession of any or all of the Trust Estate, with the power to protect and preserve the Trust Estate and to operate the Trust Estate preceding foreclosure or sale and apply the proceeds, over and above cost of the receivership, against the indebtedness secured hereby. The receiver may serve without bond if permitted by law. Beneficiary's right to the appointment of a receiver shall exist whether or not apparent value of the Trust Estate exceeds the indebtedness by a substantial amount. DEED OF TRUST PAGE 18 20060303001 q')1 Grantor hereby irrevocably consents to the appointment of a receiver on the terms set forth herein. Employment by Beneficiary shall not disqualify a person from serving as receiver. Upon taking possession of all or any part of the Trust Estate, the receiver may: (1) Use, operate, manage, control, and conduct business on the Trust Estate; (2) Make expenditure for all maintenance, renewals, replacements, alterations, additions, and improvements to the Trust Estate as in its judgment are proper; (3) Insure and reinsure the Trust Estate and all risks incidental to the possession, operation, and management of the Trust Estate; (4) Collect the Cash Collateral and any other revenues and income from the Trust Estate and apply such sums to the expenses of use, operation, and management in such priority as the receiver deems appropriate. Grantor shall promptly turn over to the receiver all documents, books, records, papers, and accounts, together with the amount of any deposits, rentals, and use fees from any tenant or other user. The receiver may appear in any proceeding or bring suit on Grantor's belialf, as necessary to enforce obligations of any tenant or other user, including actions for the recovery of rent and actions in forcible detainer; (5) Cancel or terminate any Lease or agreement for any cause for which Grantor would be entitled to cancel the same; (6) Extend or modify any Lease and make any new Lease on any portion of the Trust Estate. Any such instruments shall be binding upon Grantor and all persons whose interests in the Trust Estate are subordinate to this Deed of Trust, and upon the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from sale, discharge, or indebtedness, satisfaction of the foreclosure decree or issuance of any certificate of sale or deed to any purchaser; (7) Complete any construction in progress on the Property, and in that connection, pay bills, borrow funds, employ contractors, and make any changes in plans or specifications as the receiver deems appropriate; or (8) If the revenues and income are insufficient to pay expenses, the receiver may borrow from Beneficiary such sums as the receiver deems necessary for the purposes stated in this paragraph. The amounts borrowed shall bear interest from the date of expenditure until repaid at the same rate per annum as is accruing on the Note. Such sums shall become a part of the balance secured by this Deed of Trust and shall be payable by Grantor on demand_ DEED OF TRUST PAGE 19 20060303001 q?l (h) Subject to any limitations imposed by la-w, the right to obtain a deficiency judgment in the event the net sale proceeds of any foreclosure sale are insufficient to pay the entire unpaid indebtedness secured hereby. (1) Any other right or remedy provided in this Deed of Trust, the Note, any other Loan Docrunents, or under Law. 0) if the Loan Documents evidence or secure a construction loan, then Beneficiary shall have the right to take over and complete the work of construction, and, for that purpose, to make disbursements from the undisburscd loan funds. Any contracts entered into or indebtedness incurred on the exercise of such right may be in the name of Grantor, and Beneficiary is hereby irrevocably appointed attorney -in -fact (the appointment being coupled with an interest) to enter into the contract, incur such obligations, enforce contracts or agreements theretofore made by or on behalf of Grantor, and to do any and all things necessary or proper to complete the work of construction, including the signing of Grantor's name to such contracts and documents as may be deemed necessary by counsel for Beneficiary_ In no event shall Beneficiary be required to use its own funds to complete the improvements if un.disbursed loan funds are insufficient, but Beneficiary may, at its option, advance such .funds. Any funds so advanced shall be payable to Beneficiary by Grantor on demand together with interest at the Default Rate stated in the Note until paid and shall be secured by this Deed of Trust. 4.3 Foreclosure by Power of Sale Should Beneficiary elect to foreclose by exercise of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be given such Notice of Default as then required by law. Trustee shall, without demand on Grantor, after lapse of such time as may then be required by law and after Notice of Sale and Notice of Foreclosure having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale and Notice of Foreclosure, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale_ Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. (b) After deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title and reasonable counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms DEED OF TRUST PAGE 20 2006030300lq9S Col. hereof, not then repaid, with accrued interest, all other sums then secured hereby and the remainder, if any, shall be paid into court in the manner provided by law. 4.4 Sale of Personal Property Beneficiary shall give Grantor reasonable notice of the time and place of any public sale of any Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten days before the time of the sale or disposition. 4.5 Due on Sale or Increase iu Interest Rate on Sale Grantor agrees and acknowledges that the indebtedness evidenced by the Note is personal to Grantor, and that Grantor's personal responsibility and/or control of the Property is a material inducement to Beneficiary to agree to enter into this transaction. Any conveyance of the whole or any part of the Property, whether by deed, contract, further encumbrance (by way of any lien, mortgage, deed of trust or otherwise), lease of the same (other than a lease of any portion of the space in the improvements on the Property in the ordinary course of business without an option to purchase) or otherwise, without Beneficiary's prior written consent, or any transfer of capital stock or partnership interests or limited liability company interests in Grantor without Beneficiary's prior written consent, shall be deemed to increase the risk of Beneficiary, and Beneficiary or other holder may declare the entire unpaid balance immediately due and payable, or, at its sole option, it may consent to such conveyance, or transfer in writing and may increase the interest rate on the Note, change the maturity date of the Note, modify the loan terms, or impose whatever other conditions it shall deem necessary to compensate it for such increased risk. Any increase in interest shall entitle the holder to increase monthly payments on the loan evidenced by the Note so as to retire the obligation within the original stipulated time. In the event Grantor shall request the consent of Beneficiary in accordance with the provisions of this Section 4.5, Grantor shall deliver a written request to Beneficiary, together with such information as Beneficiary may reasonably request regarding such, conveyance or transfer and shall allow Beneficiary 30 days to evaluate such request. in the event Beneficiary approves such conveyance or transfer, Grantor shall pay Beneficiary a processing fee in an amount to be determined by Beneficiary but in no event less than $500.00 to compensate Beneficiary for its costs in processing such request. Consent as to any one transaction shall not be deemed to be a waiver of the right to require consent to any further or successive transaction. The execution and delivery by Grantor of any joint venture agreement, partnership agreement, declaration of trust, option agreement, or other instrument whereunder any person, corporation, or other entity may become entitled, directly or indirectly, to the possession or enjoyment of the Property, or the income or other benefits derived or to be derived therefrom, shall in each case be deemed to be a conveyance or transfer for the purposes of this section, and shall require the prior written consent of Beneficiary. DF,FD OF TKUs'r PAGE 21 20060303001-c0A ,_ In the event ownership of the Property or any portion thereof becomes vested in a person other than Grantor herein named, Beneficiary may, without notice to Grantor herein named, whether or not Beneficiary has given written consent to such change in ownership, deal with such successor or successors in interest with reference to this Deed of Trust and the obligations secured hereby, in the same manner as with Grantor herein named, without in any way vitiating or discharging Grantor's Liability hereunder or the obligations hereby secured. 4.6 Attorneys' Fees In the event suit or action or proceeding is instituted to enforce any of the terms of this Deed of Trust, Beneficiary shall be entitled to recover from Grantor such sum as the court may adjudge reasonable as attorney fees at trial, on any appeal, and in any bankruptcy proceeding. All reasonable expenses incurred by Beneficiary that arc necessary at any time in Beneficiary's opinion for the protection of its interest or the enforcement of its rights, including without limitation, the cost of searching records, obtaining title reports, surveyors' reports, demanding payment, attorneys' opinions, or title insurance, whether or not any court action is involved, shall become a part of the indebtedness secured hereby, payable on demand, and shall bear interest at the Default Rate from the date of expenditure until paid. ARTICLE V. MISCELLANEOUS 5.1 Governing Law This Deed of Trust shall be governed by the laws of the State of Washington. In the event that any provision or clause of any of the Loan Documents conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Documents which can b e given effect without the conflicting provision, and to this end the provisions of the Loan Documents are declared to be severable. 5.2 Modification This instrument cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whorn enforcement of any waiver, change, discharge or termination is sought. 5.3 Inspections and Appraisals Beneficiary or its agents may enter upon the Property at any reasonable times to inspect or appraise it or to perform any of the acts it is authorized to perform under any of the Loan Documents, whether or not any default exists hereunder. If Grantor refuses to permit such inspection or appraisal, Beneficiary may specifically enforce performance of this provision_ Grantor agrees to pay the cost of all appraisals and appraisal reviews required by Beneficiary in its sole discretion (a) to comply with (i) any applicable statute or regulation, or (ii) the request or directive (whether or not having the force of law) of any regulatory authority with jurisdiction over Beneficiary, (b) to comply with Beneficiary's policies concerning DEED OF TRUST PAGE 22 2t1460303001923.-- appraisals, (c) at any time after the occurrence of an event of default, or (d) in connection with a suit for a deficiency judgment. All such appraisal and appraisal review costs shall beconic a part of the indebtedness secured hereby and shall be payable on demand, together with interest thereon at the Default Rate, 5A Reconveyance by Trustee Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of the Note to Trustee for cancellation and retention and upon payment by Grantor of Trustee's fees, Trustee shall reconvey to Grantor, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof The grantee in any reconveyance may be described as "the person or persons legally entitled thereto." 5.5 Notices Whenever Beneficiary, Grantor or Trustee shall desire to give or serve any notice, demand, request or other communication with respect to this Deed of Trust, each such notice, demand, request or other communication shall be in writing and shall be deemed given when (i) personally delivered, (ii) three (3) days after deposit in the United States mail by registered or certified mail, postage prepaid and return receipt requested or (iii) one (1) day after deposit with a nationally recognized overnight delivery service such as Federal Express or Airborne. Any communication which is mailed or deposited with an overnight delivery service as provided above shall be addressed to the address set forth at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 5.6 Acceptance by Trustee Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is naade a public record as provided by law. 5.7 Captions The captions or headings at the beginning of each section hereof are for the convenience of the parties and are not a part of this Deed of Trust. 5.8 Invalidity of Certain Provisions If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Trust Estate, the unsecured or partially unsecured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall DEED OF TPUST PAGE 23 20060303001g'>'tf - be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or fully secured by the lien of this Deed of Trust. Further, the invalidity or unenforceability of any portion or provision of this Deed of Trust shall in no way affect the validity or enforceability of the remainder hereof.. 59 Subrogation To the extent that proceeds of the Note are used to pay any outstanding Lien, charge or prior encumbrance against the Trust Estate, such proceeds have been or will be advanced by Beneficiary at Grantor's request and Beneficiary shall be subrogated to any and all rights and liens owned by any owner or holder of such outstanding liens, charges and prior encumbrances, irrespective of whether such liens, charges or encumbrances are released. 5.10 No Merger If both the lessor's and lessee's estates under any lease or portion thereof which constitutes a part of the Trust Estate shall at any tune become vested in one owner, this Deed of Trust and the lien created hereby small not be destroyed or terminated by application of the doctrine of merger and, in such event, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary as to the separate estates. In addition, upon the foreclosure of the lien created by this Deed of Trust on the Trust Estate pursuant to the provisions hereof, any leases or subleases then existing and created by Grantor shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser at any such foreclosure sale shall so elect- No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any lease or sublease unless Beneficiary or such purchaser shall give written notice thereof to such tenant or subtenant. 5.11 Late Charge Grantor recognizes that default by Grantor in making the payments carder the Note and/or in any of the other Loan Documents when due will result in Beneficiary incurring additional expense servicing the loan, loss to Beneficiary of the use of the money due, and frustration to Beneficiary in meeting its other loan commitments. In the event that any payment or portion thereof is not paid within 15 days after the date it is due, Beneficiary may collect, and Grantor agrees to pay with such payment, a "late charge" of 5 percent of any overdue amount as liquidated damages for the additional expense of handling such delinquent payments. Such late charge represents the reasonable estimate of Beneficiary and Grantor of a fair, average compensation due to the failure of Grantor to make timely payments. Such late charge shall be paid without prejudice to the right of Beneficiary to collect any other amounts provided to be paid or to declare a default hereunder. DEED OF TRUST PAGE 24 2006030300199`% ,-._.. M WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the day and year first above written. GRANTOR: Clinton Thomas Foster, a married man as his separate estate By: Vinton Thomas Foster STATE OF WASHINGTON ) } ss. COUNTY OF 1A / } I certify t t I kno or have satisfactory evidence that Clinton Thomas Foster is the person who appeared before me, and said person acknowledged that he sued this instrument, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. //,,,, Dated: 20019. (Sigma ur o otary) • , (Print or stain n e of Notary) �} NOTARY PU in and for the State of Washington, residing at:____x�� ti My appointment expires: /c %a DEED OF TRUST PAGE 25 20060303001Q')'l 117 EXHIBIT A to Deed of Trust LEGAL DESCRIPTION The East half of the following described property: The Southeast quarter of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the North 67 Feet AND EXCEPT the East 30 feet thereof, conveyed to King Cour►ty for road by Deed recorded under Auditor's File No. 3065639, DEED OF TRUST PAGE 26 20080715001193.--v After Recording Return to: _ - — Nanci Lambert ! Northwest Trustee Services, Inc. P.O. Box 997 Bellevue, WA 9900SLO997 20080715 001193 FIRST pTIRRICAN AST 14.00 ppGE001 OF 001 3COUN712008 1 KINGY UA Appointment of Successor Trustee File No. 7338.20253 2197-60227 3-1 / A ST AM 0/1 b Clinton Thomas FUster, a married man as his separate estate. is/are the grantor(s), First American Title [nsurance Company is the trustee and Seattle Savings Bank is the beneficiary under that certain deed of trust dated 02/27/06 and recorded on 03/03/06 under icing County, Washington Auditor's Tile No. 20060303003923. The present beneficiary under said deed of trust appoints 'Northwest Trustee Services, Inc., a Washington corporation, whose address is P.O. Box 997, Bellevue, WA MD-0997, as successor trustee under the deed of trust with all powers of the original trustee. The undersigned present beneficiary warrants and represents that, as of the date this Appointment of Successor Trustee has been executed and acknowledged, it is the owner and holder of the obligation secured by the subject deed of trust and is foot holding the same as security for a different obligation. Seattle Savings Bank STATE OF � }ss COUNTY OF __ } I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged thatt ('she) signed this instrument, on th statetf�Jshe} was authorized to execute the instrument and acknowledged it as the1��� >_ of z ,+ to be the free and voluntary act of such party for the uses and purposes mentioned to the i stntment. Dated: - / pD f, Public in an or the State of-- # l'^ Residing at - t1'1�'appointme expires-1,��F2/z� g NOR'rFiWESTTRUSTEESERVICE Z:lient: Seattle Mort cCompany P.O. BON WA 98DD9-0997 rat►f#t�tttt}NA��`���``_ R°rrotivcr: Foster, Clinton Thomas 4L 425-586-1904 FAX 425-586-1997 SERVING WASRING-rON, OREGON, IVAHO R ALASKA 20080104000964.v-- CITY OF RENTON FINANCE DEPARTMENT 1055 S GRADY WAY RENTON, WA 98057 - 2004000964 CITY s ,2.00 12/14/2007 POG001 OF 001 KING COUNaYlauR NOTICE OF LIEN FOR UTILITY SERVICE CITY OF RENTON vs. THOMAS FOSTER NOTICE IS HEREBY GIVEN that the City of Renton, State of Washington, has and claims alien for utility charges against the following described premises situated in King County, Washington, Said lien is claimed for delinquent utility charges and penalties and is also claimed for future utility charges against said premises. Property Address Parcel No Lien Amount Utility Account No 553 IIOQUTAM AV NE 1023059212 $104.87 020988-000 Pursuant to Renton Municipal Code, Title VIII, Chapter 1, 8-1-8, Chapter 2, 8-2-1, Chapter 4, 8-4-12 and Chapter 5, 8-5-16, and Revised Code of Washington, Chapter 35, "Such charges and penalties shall be a lien against the herein above described real properties_" I, Linda Parks, Fiscal Services Director of the City of Renton Finance Department, King County, Washington, hereby certify that the above referenced account is delinquent in the sum stated. Linda Parks Fiscal Services Director City of Renton 510052 Page 1 of I ?43 ,061'001043.001 Return Address: t Air ' 00610104 f E 41 It 23.00 PAMMI OF C07 06I3312on 13:09 KING COUNTY, WR P m,� print artype WASHfNG TON STAFF RECORDE R'SCover Sheet (RG%W61S 04) D&o uimni T:it>lt(s) (ar trar.:acdom C.J;fmainod CiieTeir?). (all avaS awlicahle to yojr docunnm must b, 01la`d ir) Refereuce - umher(s) of Doeux ents tassiped or released: mm AdditiaraCrefet-e�4;#'s�3np�a O�cloCurrz�t _V" X �xt[sr S Iaasd treri"x�., first ztam�, ir<itia�:) Z +P,� Additional 112tnes cry page of dmLmlent_ "GranrCL(s) (%a , name fht, th.er- _irst name A2id utitials) 1. 7,1 2. Addittonai nac,.} on page of de meat, E Legal descriptku (abbmvimod; Le, lot, block-, plu or section, r„ xn� hip, rant") Additional lu?,,i is on page _ _- of dart Mtlnt. Am arls -property Ta.& rcell: scot nt.Numbez' G Assessor Tax .r�r' not yet assi ad - T1W Attditor/Reeorder well ref on the �Idf uuation ovided ore the Y Pr' fam, The serif will no€ read the dQctir#:ent to ve' fy Lw aecuracy or oo . ietLueS5 ofthe indoxing Wmmation prdvi ed he.eir _ I requesti tisg an etnar enc y no ndard m mditr ; for an addition . n � 1 fee as proAcled in RCixI MA S.0? 0- I uaderstand that the xerording proce, sirs T-equir�-,Me tts may covpzr up ;)r of imVise obsetixc sonar, pan of tht; text of the arig. documetil. Signature of RegmstnZ Puty 1 2 ;i 4 1 8 13 14 15 16 18 19 20 21 22 n 24 25 26 27 �s U1 a2 IN TIM $-UPERTOR COURT OFIBE STATE, OF WAStmN(','ro Nk POP, XD I(-T COUNTY DOMEY, hwband zmd )Nike, plaintiff--, COMPANY, 4 azbfitg'tun parwee sllip; } TMI1 La S HOLLID.AY and YA-jM EE g HOLLIDAY, JJusband and %Njj ,, and the =Tit -A cMuiunit*y carapowd iherwf, C'T'HOIIAAS FOSTER and 'yl- FOS"ER, Hvsbaucl and i'lif'e, and t maid.al c43rmt anity thexeo , BE T No -LA Md JANT ,DOE I�J4JA, Husb wd and Wife, arkti this Marital rUllv:1411ity mmposvj. tbr!,fand JOIN L. SCU17, KAMAS REALTY, INC., dlb}`a JOIDT L. SCD T REz�NTt� , a Washinir,T.j cs3r-Poratian, Defen ts- JGMENT ON 4.IMAT1C}N INfl. 02.2-0 7; 7-5 SEA SUDGUE24T -TUINT ARErMkTION rktit? U 0e-rk's.e`.--rlrnz RE.'qui d ORIGINAL L^W q`P.Gka Cii• €Cc�R, A &, S fC7�- 7 F4Fji iii•7 Wl�� Tt�'4j•3F�rp L'CLLI --, WA501r ,TON az�Kyn �rti�C T�Z3�653�768,: 20 0 raW-ZQQ Q49 ..3 t� 3 5 E 7 s t� Eljj 12 i 13 14 15 t6 17 � fps I 19 20 21 22 21 24 25 26 27 28 29 32 THIS MKfT havii�, r,.-me on for Fzea� L.,�; capon thi t Motion ofP ififfs fat E Order confimling all Arbitrakm Avva-d acid fo, Judguip-mupon ffic Award, and the p)aii hay MiI3 i toaov tiie heating is by RCW 7.04. 150, and the Court iiavirL3 mvievT�-A tiie written agj emmt to arbitrate set forth in tht CrA its py,:. €oi. 3 Order dated Add 21, '2c04, the itraiion Agiceme-,t between the pa6cg daod F cbru t.?, 2005 and th- Final A£bitrat{o.0 Award erd,-zed b-y Arliiratnr rist,?pIif• F, SotAlm , Eq. dwmdMay 9, 2005 and de iizxg iUclffuliy advised in thc� , it i�, it=V QP SET, , ADIGE 3ED, A ) DECREED that &e refftsmztvJ Firia? Arbitration Award be, and the same hereby is coafimwA aursuarrt to RCN's 7.04,1 S4, aL it Is ' UR=kfJPDF-JR, A )UDG , AND -DECREED thatjt dgmTttba., ark hereby is, eatcred sg5instDet dart#s, of tiv and sn-tra3iy, as fbBow3: �. �iz��xtetit Credsr�; �. 3n dgtrE�tt D�trrs: �C{SDlpCr�:��rE Q't t�,d.�ITRA'i TON Michael and, Linda Dooley, r15 land all -: ifs RAL DEVELOPMENT & VF—NTURE COTAPA NY, a WashinatQv partft by L H Tt art. Rc tw, sm E.KL.Y &,c �t FL.LC 140, FIE AVtNUF 3iC 2ar-tVUt, W/L2S99f=rJ4 (425) 457-14C,— S rfkx, pcz:�}451-1639 0 i 200-506130 0,1049.004 f w a 7 s 14 15 16 ip IR 20 21 22 23, 24 25 28 27 i 28 29 N� 3; i 13. Prinr_iPal Fridgvmeru Amount: 4. Tr. Est Date ofr�cz 5� A.ttomeysFt;� 6. AttOrMtYS Foes IM--W R-A] is cor ec6oll with Cor>finn adol-i of.' ENu-aiinn ,kw&fd- K O,her ov vy Amic'unts C asks pumant to RC-W 7 04.190); 9_ principal Jv,fsnieirt kmowl Shan Bear Tr tereSk at 121fa per aTI,C!um I U. A.ttQTUty Pe , Costs X)d Other Racove y k ounts Skzall'Be-Air werm at 12% Per aii7 im, fUDG ITT ON AhBJTFA iO riYY AM - MOMAS HOLLIDAY ar�d f1cmu? C. THOMAS FOSTER and 8ld Wife, ,:€ t-he marital }�r�i cVrn�Cs t}1�KtsuF S93,693.013 1b0.00 $33,752,25 �S7I33.L3t� U5. W 4Awatl�T-, Cx HETtMAN, Re-- , �LI.4k�%iYc.'Nr`�'rt'Vc.`l'c�a S�134 �q FA3C i$�Sj TrSn ]n3] '10060613001049.006 1 2 3 4 S 9 r 4 t} 'f 9 '42 T3 14 i. fro 17 18 i9 20 21 ? 22 C.4 26 Z7 28 29 31 32 Aft,c>,rnt?,ys for hd.-ment Cr-1 tol. 1.2_ Attorneys for Sttdr :L 1. Steven,'. R.-oor, Ica Reman, Recork +jai, 1trtmaa, 5ial merly 'k- lack sor, PLLC Bellovw% VIA, 9900.4 4,25-4,51-14O G PiUj,kip B;ard-slt-y Baivarxt kloos�r 8a&y PC. 1601 Efth Avotk1 o Si to '�3o)o Seattle, AIA 93W1--161 206-521--64ID -Brenda Miner Ater VI Two ul i:,rt Swam GQIA)Motr t- StlitE� 545 206-o23-4-711 DONE IN (YPFN CC LRT tfii� day Cz '��+ ►�_ — _ 2005. I ng coun Pre�en�eREP-Ml`d�My.-EU)F AtyAX* y) yryFhTAN Attomey for Kf intiffa 1`L` MM� NT ONNY ARBURATI N k\XA 744 E iRUYER C�:rt X�,}dam LA c)Frr��,2F RFC ARAKt, YLY ?=t'�4-:7arH h'��L1GN:ki�F:S�Uf {s2sk � d�• 7ecY� Zr� la�si �.g7-Ip$9 20050613001 049. 4 5 7�8 10 �1 �3 14 15 16 17 1 P; I') 1. 20 21 22 74y 24 25 26 i .28 20 -30 31 1 82 1 Approved as try F,± rm RYA come; JAIVLES riFICK, NVSBA W ."o-m.e �r Defe +` a ats, RAL and Fo,,,t r ION AWARD} - 5 !Aw LfroF sHE<AAAJ,4REX ^— fiRAY-t MCA xL3 ,vo-w, sfv mntY 6 2100, I-XiTk AVENuEh4lxzx-iE,�,4i' +FIL 'Wlff—".Azh �v 7Q� 9E0"SA yr2Sin�2-Tzoo "W5061300-104!9.007 STATE- of vm:'N C. i -jc :CIS Coun�y Qf K�j co ItTy' Eta Sam Eppel 0 an n 0 20060606000639.--v 20060606000689 FIRST AMERICAN J 34.00 PACE001 OF 003 06/08/2006 10:57 AFTER RECORDING MAIL TO: KING COUNTY, WA Name reRrrt n. f{nQ.y�Q4f `arA7" c r.ic.z rr�� S ✓cc*�So.-�� �i Address Gro Bye - ,VC City/State— A Z &-6 5 ` Document Title(s): (or transactions cautained therein) JL 3. 4, Reference Number(s) of Documents assigned or released: abo ❑ Additional numbers on page of document Grantor(s): (Last name first, then ftrsr name and initials) 2. rt �'d �Q�✓1 L��� 4. s. ❑ Addition na[ mare p6e of document Grantee(s): (Last mine first, them first name and initials) 2.�IC' 3_ 4. 5. ❑ Additional names on page of document FirstAnterican Title Insurance Company 5�S�s7 (this spatILKe company use only) Abbreviated. Legal. Description as Follows: (i.e, lot/bkok1plat or section/township/rauge/quacfer/quarter) ❑ Complete legal description is on pagf, of document Assessor's Property Tax Parcel / Account Number(s): NOTE- the auditorlreeorder wilt rely on the information on the form. The sfaff will not read the document to verify the accuracy or camplereness of the indexing information provided herein. ~•nnan�n�nnnaRa � �� 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 38 31 32 rr-ILED 06 g4[ --5 PH 2, 26 IN THE SUPERIOR COURT OF THE. STATE OF WASHINGTON FOR K NG COUNTY MICHAEL. DOOLEY and LINDA DOOLEY, husband and wife, Plaintiffs, v, RAJ. DEVELOPMENT & VENTURE COMPANY, a Washington partnership; THOMAS HOLLIDAY and KA.THLEEN HOLLIDAY, Husband and Wife, and the marital community composed thereof C, THOMAS FOSTER and MARYL FOSTER, Husband and Wife, and the marital community composed thereof, BERT NOLA and JANE DOE NOIA, Husband and Wife, and the marital community composed thereof and JO N L. SCOTT, iKAMAS REALTY, INC., d/b/a JOHN L, SCOTT RENTON, a Washington corporation, Defendants. ASSIGNMENT OF JUDGMENT - 1 NO. 02-2-07731 -5 SEA ASSIGNMENT OF JUDGMENT Agcorc� L^vv OFF1Ci5 OF HERMAN, REcoR., AR -,A , KALWMAN, SIMMERLY & JACK,SON, PLLC 2100- 116-rH AvEN'LK NORTHEA!5T BELLFvuF. V/h5HR4K :CTW98004 (.125) 451-14Q0 FAX (4ZS)45;-ie5a9 1 r 1 2 3 4 5 6 7 8 9 1a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MfCHAEL DOOLEY and L,INDA DOOLEY for good and valuable consideration, receipt of which is hereby acknowledged, assigns all of their rights, title and interest in and to that certain judgment against RAL DEVELOPMENT & VENTURE COMPANY, THOMA.S HOLLIDAY and KATHLEEN HOLIDAY, C. THOMAS FOSTER and MARYL FOSTER in the above -entitled matter, dated on or abort the 20'' day of May, 2005, together with accurnulated interest to LANGLEY 'DENTURE GROUP, INC.- This assigtunent does not include assignors rights under that portion of the Final Arbitration Award in the above entitled matter dated May 8, 2005 which allows assignors to reopen arbitration proceedings in the event the above named Defendants fail%uild an asphalt road connecting assignors residence to the public street. Dated this q day of fLL 2006. MIC] DOOL STATE OF WASHINGTON ) )ss COUNTY OF K NG ) I.INDA DOOLEY On this 9 day of My, 2006, before me, Ehe undersigned, aiotary Public in and for the State of Washington duty commissioned and sworn personally appeared MICHAEL DOOLEY and LINDA DOOLEY to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged to me that they signed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official the day and year first above written. LEANNE s. uoLZ PtOTARY PUBMC N Y PUBLIC in and fgr the S t STATE OF WASHINGTON C QMM MON E%PERES as ngtOn U residing at: 1r� JUt_Y 7; 2009 My commission expires: ' 7 --7 „_, - 2 LAW C*F74FS OF Hrxivt.°N, RF-cop. ARAxi KALrMAN, SCMMERLY & JACKSQN, PLLC 21007- I I&TH AVENUE NORTHEAST CEu.EVUF, WAsFimyC ro'N 98004 (4251 451- 1400 FA?L (4ZM 45'1-1589 2i366 F6046689. STATE OF -WASHINGTON C',ounty t4 hvng i. BARBARA Super Gantt Of the Sto4ie cf ln'Gst ;nr,tan, fcr th-:> Coun y cf lbng, do hereby certify that i t:ava the fcregr:inner copy vi;th Ims original inztrumcrt as the saw ap ,ors on me nA ( record in r5y Whas, and that Me same is a true -"rld t xPF—ct transcript nt s:Aic.rc i;3wi F;rcS of ti?s krhnlf, ?i,v eof. Sev! of s5d ,- pwIr Gous'. e ry -a rt dny E)t ..- LJ ��1 LS V1 A Denis Law, Mayor June 23, 2008 Darrell Offe Offe Engineers, PLLC 13932 SE 159th Place Renton, WA 98059 SUBJECT: Doyea Short Plat LUA08-020, SHPL-A Dear Mr. Offe: CITY F RENTON Department of Community and Economic Development Alex Pietsch, Administrator As stated in my previous correspondence, enclosed are the comments from the City's Property Services Department. These comments will guide you in the preparation of the Short Plat for recording. Again, I am enclosing the handout titled, "Short Plat Recording" that provides detailed information for this process. If you have any questions regarding the report and decision issued for this short plat proposal, please call me at (425) 430-7219. For questions regarding the recording process for the short plat, as well as for submitting revised plans, you may contact Carrie Olson at (425) 430-7235. Sincerely, Ro le Timmons As ociate Planner Enclosure cc: C. Thomas Foster / Owner 1055 South Grady Way - Renton, Washington 98057 This paper contains 50% recycled material, 30% post consumer RENTON AHEAD OF THE CURVE CITY OF RENTON PUBLIC WORKS MEMORANDUM DATE: May lb, 2008 TO: Rocale Timmons FROM: Sonja J. FesserC SUBJECT: Doyea Short Plat, LUA-08-020-SUPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: The dedication of land for street purposes on short plats requires approval by the City Council. Said dedication is achieved via a recorded City of Renton Dedication Deed document (form is provided by the city). If the dedication is to be recorded with the short plat, the dedication process needs to be timed in such a way that Council approval and all other matters pertaining to the dedication have been addressed and resolved, and said document is ready to record. The Deed of Dedication document includes both a legal description exhibit and a map exhibit. The legal description exhibit should be prepared, stamped, dated and signed by the applicant's surveyor. The surveyor should also prepare the map exhibit. The dedication process requires an updated title report, to be dated within the 45 days prior to Council action on said dedication. Talk to the Project Manager if there are questions or further information is needed. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-08-020-SUPL and LND-20-0521, respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. The final short plat submittal has to be prepared by, or under, the direction of a licensed surveyor, and the submittal has to meet all City of Renton and King County recording requirements. 1HAFile Sy ALND - Land Subdivision & Surveying RecurdALND-20 -Short Ylats\0521T VOHOS 16.doe June 20, 2008 Page 2 Show two ties to the City of Renton Survey Control Network with published values. The geometry will be checked by the city when the ties have been provided. Provide sufficient information to determine how the short plat boundary was established. Include a statement of equipment and procedures used, per WAC 332-130-100. The subject legal description uses aliquot parts therein, which can lead to different interpretations. The method of determining the short plat boundary should be stated on the short plat submittal. Note the bearing for the interior boundary line between Lots 1 and 2 on the short plat drawing. Also, provide all bearings and distances for that portion of the subject property that is to be dedicated to the city for street purposes. Note the date the existing monuments were visited, per WAC 332-130-150, and what was found. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note whether the adjoining properties are platted (give plat name and lot number) or unplatted. Note all casements, covenants and agreements of record on the drawing - Note the addresses for the two lots on the short plat submittal. The address for Lot 1 is 5014 NE 5th Place. The existing address for Lot 2 is 553 Hoquiam Ave NE. On the final short plat subrrrittal, remove all references to trees, utilities facilities, topog lines and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Provide a "LEGEND" for the short plat drawing, detailing the symbols used therein. Research resources are not noted on the short plat submittal. The City of Renton Administrator, Department of Public Works, is the only city official who signs this short plat. Provide an appropriate approval block and signature line - A pertinent King County approval block is also needed. Provide signature lines as required - All vested owner(s) of the subject short plat, at the time of recording, need to sign the final short plat submittal. Include notary blocks as needed. The title is vested in Clinton Thomas Foster, as of the date on the title report (September 27, 2007) provided for city review. Include a declaration block on the drawing, titled "OWNER'S DECLARATION". I1A ile Sys\LND -Land Subdivision & Surveying Records\LND-20 -Short Nats105211RV0805 t6.ducicor June 20, 2008 Page 3 Remove all references to density, zoning, building setbacks and comprehensive plan designations, if any, on the final submittal. Note the dimensions from the east and south short plat property lines to the respective street centerlines (Hoquiam Ave NE and NE 5"' PL). Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. Fee Review Comments: The Fee Review Sheet for this review of the preliminary short plat is provided for your use and information. HAFite Sv:51LND - Land Subdivision & Surveying RecordslLND-20 - Short P1ats10521\RV0S0516.docicor PRC-ERTY ,9E;MCES FEE REVIEW No. 2008- 12 ❑ This fee review supersedes and c- -_els fee review no dated ASS'FSSI' Ef,1T DISTRICTS F w w O DIST- No. PARCEL No. METHOD of ASSESSMENT No. OF UNITS AMOUNT SAD ❑ LATECOMER ❑ � ❑ �� �' 31�.8o X U1.1 Fa � � �33.�0 ❑ SAD ❑ LATECOMER ❑ ❑ ❑ ❑ SAD ❑ LATECOMER ❑ ❑ ❑ ❑ SAD ❑ LA-1 ECOMER ❑ ❑ ❑ ❑ SAD ❑ LATECOMER ❑ ❑ ❑ -� JOINT USF ACRFEMF.NT (METRO) ❑ ❑ ❑ r SYS'x'FNt DEvFL,oPM' ENT CHA1tdE ^ WATER & WL FWATF- WA'1 FRa WASTEWATEW METER SIZE Water Service Fee Amount Fire Service Fee Amounthc Wastewater Fee Amount 5/8" x j/a" $2,236 $292 51,591 1 " $5,589 $729 $3,977 1I/Y1 $11,179 $1,458 $7,954 2" $17, 886 $2, 332 $12, 726 3" $35,711 $4,665 $25.4.52 4" $55,893 $7,288 $39,768 6" $111,786 $14,577 $79,537 8" $178,857 $23, 323 $127,258 a ActuaJ fee will be based on total of new meters minus total credit of existing meters b Based upon the Size of the fire service (NOT detector bypass meter) c Unless a separate fire service is provided, the System Development Charge(s) shall be based upon the size of the router installed and a separate tine service fee will not be charged. SYs1-Em,DEVELOPMENT,HARGES CTRFACE WA`PER LAND USE TYPE NO, OF UNITS/ SQ. FTG. SDC FEE New Single Family Residential (SFR) °' $1,012/unit x Addition of? 500 sf to existing SFRIKO $0.405/sq ft of new impervious area x All Other Uses., $0.405/sq ft of new impervious area x n Includes mobile home dwellings and manufartured horses 13 Fee shall not be greater than $1,012 y pee shall not be less than $1,012 2tu�o; 05%1�I�1S Reviewing Authority Date • [t is the intent of this development fee analysis to put the developer/owner on notice, that the quoted fees may beapplicable to the y N subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the tune the C construction permit is issued to install the on -site and off -site improvements (i.e. underground utilities, street improverents, etc) Triggering mechanisms for the SDC fees will be based an current City ordinances and determined by the applicable Utility Section. • The quoted fees do NOT include inspection fees, side sewer permits, r/w permit fees, the cost of water meters, or traftic benefit fees. • If subject property is ivithin an 1,11), it is the developer's responsibility to check with the Finance Dept. for paid/un-paid status, • Please note that these fees are Subject to change without notice. Final fees will be based on rates in effect at time of requirement to pay � per Ordinance, EFFECTIVE; January 14, 2008 P:',,Administrative Forms FeeReview\2008FeeRvw doc City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: APRIL 18, zoos APPLICATION NO: LUA08-020, SHPL-A J DATE CIRCULATED: APRIL 4, 2008 APPLICANT: Tom Foster PLANNER: Rocale Timmons VAZU ��R PROJECT TITLE: Do ea Short Plat PLAN REVIEWER: Arneta HenningerLd SITE AREA: 14,678 square feet EXISTING BLDG AREA (gross): 1,200 s uar *l ,,-: 4S LOCATION: 533 Ho uiam Avenue NE PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 77876 SUMMARY OF PROPOSAL: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas 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-RELA TED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Nousili Aesthetics Light/Glare Recreation Utilities Trans oration Pubiic Services NistonclCuitural 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 0 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: May 27, 2008 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City f larie,c Offirp Project Name: Doyea Short Plat LUA (file) Number: LUA-08-020, SHPL-A Cross -References: AKA`s: Project Manager: Rocale Timmons Acceptance Date: April 4, 2008 Applicant: Thomas Foster Owner: Same as applicant Contact: Darrell Offe, Offe Engineers PYD Number: 1023059212 ERC Decision Date: ERC Appeal Date: Administrative Approval: April 30, 2008 Appeal Period Ends: May 14, 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: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas onsite. Location: 553 Hoquiam Avenue NE Comments: PARTIES OF RECORD DOYEA SHORT PLAT DE:rr6.l Offe Offe Engineers, PLLC 13932 SE 159th Place Renton, WA 98059 tel: (425) 260-3412 eml: darrell.offe@comcast.net (contact) LUA08-020, SHPL-A C. Thomas Foster Kay Haynes 6450 Southecenter Blvd ste: 551 Elma Place NE # 106 Renton, WA 98059 Seattle, WA 98188 (party of record) tel: (206) 244-0144 (owner / applicant) ip iat: n4/18/08 CITY -�)F RENTON Denis Law, Mayor N May 16, 2008 Darrell Offe Offe Engineers, PLLC 13932 SE 159th Place Renton, WA 98059 SUBJECT: Doyea Short Plat LUA08-020, SHPL-A Dear Mr, Offe: Department of Community and Economic Development Alex Pietsch, Administrator This letter is to inform you that the appeal period ended May 14, 2008 for the Administrative Short Plat approval. No appeals were filed. This decision is final and you may proceed with the next step of the short plat process. The enclosed handout, titled "Short Plat Recording," provides detailed information for this process. The advisory notes and conditions listed in the City of Renton Report & Decision dated April 30, 2008 must be satisfied before the short plat can be recorded. In addition, comments received from the Property Services Department in regard to the final plat submittal will be forwarded to you for your consideration when they become available. These comments will guide you in the preparation of the Short Plat for recording. If you have any questions regarding. the report and decision issued for this short plat proposal, please call me at (425) 430-7219. For questions regarding the recording process for the short plat, as well as for submitting revised plans, you may contact Carrie Olson at (425) 430-7235. Sincerely, Roc e Timmons As ciate Planner Enclosure(s) cc: C. Thomas Foster / Owner(s) Kay Haynes / Party(ies) of Record 1055 South Grady Way -Renton, Washington. 48057 � ` E iV 1 O N ® This paper contains 50% recycled material, 30 h A I -I E A D 6 F T H E C U R V E p pe cy post DOYEA SHORT PLAT CONDITIONS OF APPROVAL LUA 083._ Project Condition Source of When Compliance Party Notes Condition is Required Responsible The project shall be required to comply with the Department of Ecology's Frosion and Sediment Control Requirements as Administrator During Project Applicant outlined in Volume II of the 2001 edition of the Stormwater Construction Management Manual Pay a $4$$.00 fire Mitigation Fee, Administrator Prior to the recording of Applicant the short plat Pay the required Transportation Mitigation Fee based on $75.00 per net average daily trip. Administrator Prior to the recording of Applicant the short plat Haul hours are limited from 8:30 am to 3:30 pm Monday Code Daring Project Applicant! through Friday Construction Contractor/ Builder Within 30 days of completion of grading work the applicant Code During Project Applicant/ shall hydroseed or plant plant appropriate vegetation. Contractor/' Builder Construction hours are from 7:00 am to 8:00 pm Monday Code During Project Applicant," Friday and 9:00 am to 8:00 pin on Saturday and no Construction Contractor/through work is allowed on Sundays. Builder CC: ,.. Arneta Henninger Jewlifer Henning SHORT PLAT City of Renton r I r�/AT Department of Community & Economic Development 0 REPORT &"� DECISION ADMINISTRATIVE SHORT PLAT REPO M. A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: April 30, 2008 Project Name: Doyea Short Plat Owner: C. Thomas Foster, 6450 Southcenter Blvd Ste # 106, Seattle, WA 98188 Applicant: C. Thomas Foster, 6450 Southcenter Blvd Ste #106, Seattle, WA 98188 Contact: Darrell Offe, Offe Engineers, PLLC, 13932 SE 159t' Place, Renton, WA 98059 File Number: LUA08-020, SHPL-A Project Manager: Rocale Timmons, Associate Planner Project Summary: The applicant, is requesting an administrative two lot short plat located within the Residential - 8 (R-8) zoning designation. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the one tree that is onsite. There are no critical areas onsite. Project Location: 553 Hoquiam Avenue NE Project Location Map SHPL Report 08-020 SNORT PLAT City of Renton REPORT & Department of Community & Economic Development DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: April 30, 2008 Project Natne: Doyea Short .Plat Owner: C. "Thomas Foster, 6450 Southcenter Blvd Ste #106, Seattle, WA 98188 Applicant: C. Thomas Foster, 6450 Southcenter Blvd Ste #106, Seattle, WA 98188 Contact: Darrell Offe, Offe Engineers, PLLC, 13932 SE 159"' Place, Renton, WA 98059 File Number: LUA08-020, SHPL-A Project Manager: Rocale Timmons, Associate Planner Project Summary: The applicant, is requesting an administrative two lot short plat located within the Residential - 8 (R-8) zoning designation. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2, Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the one tree that is onsite. There are no critical areas onsite. Project Location: 553 Hoquiam Avenue NE Project Location Map SHPL Reporl 08-020 City gfRenton Department of Corm y & Economic Development Admi ative .Short Plat Report & Decision DO YEA SHORT PLAT, L UA08-02,,, SHPL-A Report of April 30, 2008 Page 2 of 1.0 B. GENERAL INFORMATION: 1. Owner(s) of Record: C. Thomas Foster 6450 Southcenter Blvd Ste*] 06 Seattle, WA 98198 2. Zoning Designation: Residential — du 'ac (R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family (RSF) 4. Existing Site Use: Existing single family residence to remain S. Neighborhood Characteristics: North: Single Family Residential (R-8 zone) East: Single Family Residential (R-8 zone) South: Single Family Residential (R-8 zone) b3'est: Single Family Residential (R-8 zone) 6. Access: 7. Site Area: C. HISTORICAL/BACKGROUND: Driveway access off of NE 5"' Place 14,678 square feet (0.337 acres) .Action Land Use File No_ Ordinance No. Date Comprehensive Plan NIA 4924 1215'2001 Zoning N/A 5099 111/1/2004 Annexation N/A 5100 11 /1/2004 D. PUBLIC SERVICES: 1. Utilities a. Water: The project site is located in the Water District 90 service area b. Sewer: There is an existing 8-inch sanitary sewer within NE 5"' Place. c. Surface/Storm Water: "There exist storm water conveyance systems within Hoquiam Ave NE 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070:7.oning Use Table c. Section 4-2-1 10: Residential Development Standards 2. Chapter 4 Property- Development Standards a. Section 4-4-030.- Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions SHPL Report 08-020 City of Renton Department af'Comrr 1 & Economic Development Admi hive Short Plat Report & Decision DO YEA SHORT PLAT, L UA08-02,,, ..IIPLA Report of April 30, 2008 Page 3 of 10 b. Section 4-7-120: Compatibility with Existing Land Use and Plan — General Requirements and Minimum Standards c_ Section 4-7-150: Streets —General Requirements and Minimum Standards d. Section 4-7-170: Residential Lots — General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter I Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: 2. Community Design Element: G. DEPARTMENT ANALYSIS: 1. Project DescriptionlEackground The applicant is proposing to subdivide a 0.337-acre (14,678 SF) parcel zoned Residential- 8 (R-8) dwelling units per acre into two lots. The property is located on the northwest corner of Hoquiam Ave NE and NE 5'J' Place. The existing single-family residence will rernain on proposed Lot 2. Proposed lot sizes are as follows: Lot 1: 5,501 square feet Lot 2: 8,1.32 square feet An approximate 1,045 square foot dedication would be required along NE 5"' Place. There is currently a paved and improved public right-of-way along the frontage of the site. The proposal for two new lots would arrive at a density of 6.41 dwelling units per net acre (du/ac). There are no critical areas onsitc. Access to both proposed lots would be gained via separate private driveways from NE 5"' Place. The topography of the site slopes from the north to the west, at an average slope of approximately 5 percent. The site is vegetated with grass and shrubs, as well as 1 evergreen tree proposed for removal. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SF,PA Environmental Review pursuant to WAC 197-1 1-800(6)(a). 3. Compliance with ERC Conditions Not Applicable 4. Staff Review Comments Representatives frorn various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the continents has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 5. Consistency with Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use lvlap. Lands in the RSF designation are intended for use as quality residential detached development organized SHPL Report 0 -020 City of Renton Department of Comt y & Economic Development Admi vive Short Plat Report & Decision DOYEA SHORT PLAT, LUA08-02�, �HPL-A Report of April 30, 2008 Page 4 of 10 into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to enhance and improve the quality of single- family living envirotiments_ The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Policy LU-147. Net development densities should. full within a range of 4.0 to 8.0 dwelling units per acre in Residential Single Family Neighborhoods. ✓ Policy [?bjective met ❑ Not Met Policy LU-148. A minimum lot size of 5, 000 square feet should be allowed on in. f ll parcels of Mess than one acre (43,560 sq. ft) in single-family designations. Allow a reduction on lot size to 4,500 square fcrel on parcels greater than one acre to create an incentive for aggregationdf land. The minimun? lot size is not intended to .yet the sIandarel fbr densit-v in the designation, but to 1)rovide flLvihility in subdivision plat design and facilitate development 'within the allowed density range. ✓ Policy Objective Met ❑ Not Met Policy LU-152. Single-fataaily lot ,size, lot width, setbacks, and imper virus surface should he sufficient to allow private open space, landscaping to provide buffers/privacy without extensive firncing, and sr: fficienl area, fur m ainlenance activities. ✓ Policy Objective Met ❑ Not Met Policy LU-154. h4tL'1 �lYL't deFelop112ent.SLandarLLti tQ .SL{pp0�"l i1E 4V plats' ClYld 1t2f111 pJ'{]JG'Ct de51'nS incotq)orating street locations, lot configurations, and huilding envelopes that address privacy and gtatlity of life, for existing residents. ✓ Policy Objective Met ❑ Not Met Policy CD-12. Infill development, defined as new short plats of nine or fewer lots. should he cvncouraged in order to add variety, updated housing stock, a"d new vitality to neighborhoods. ✓ Policy Objective Met ❑ Not Met 6) Compliance with the L.ritilerlying Zoning Designation The subject site is designated R-8 on the City of Renton Zoning Map. The proposed development would allow for the future construction of one new single-family dwelling unit_ Density: The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre. After subtracting approximately 1,045 square feet along NE 5"' Place and Hoquiam Avenue NE for right-of-way dedication, the net lot area is 0.31 acres. The proposal for two lots on 0.31 acres arrives at a density of 6.41 dwelling units per acre, which falls within the permitted density range for the R-8 zone. Lot Dimension: As demonstrated in the table below, all lots rneet the requirements for minimum lot size, depth, and width. Lot Size 5,000 5F miniinuin Width 50 feet required Depth 05 feet required Lot 1 5.501 S1- 60.02 feet 91.68 feet Lot 2 (Corner) 8.132 SF 64,64 feet 91,68 feet Setbacks: The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for an attached garage; interior side yard is 5 feet; side yard along a street is 15 feet for the primary structure aril 20 feet for an attached garage; and the rear yard is 20 feet. The SHPL Report 08-020 City of Renton Department of Coma , & Economic Development Admit rtive Short Plat Report & Decision DO YEA SHORT PLAT, LUA08-02_, -HPL-A Report of April 30, 2008 Page 5 of 10 proposed lots are oriented to such that their front yards would face south towards NE 5`h Place. The existing house proposed to remain on Lot 1 would comply with the setback requirements for the R-8 zone. The setback requirements for proposed Lots 2 would be verified at the time of building permit review. Building Standards: The allowed building lot coverage for lots over 5,000 SF in size in the R-8 zone is 35 percent or 2,500 SF, whichever is greater. The existing residence proposed to remain on Lot 2 has a 1,200 square foot building footprint, which would result in a lot coverage of 15 percent on the proposed 8,132 square foot lot. The lot coverage requirements for proposed Lots 2 would be verified at the time of building permit review. c) Community Assets The site is vegetated primarily with shrubs, groundcover and one evergreen tree proposed for removal. RMC 4-4-130 requires that thirty percent of the trees shall be retained in a residential development. If the number of protected trees to be retained includes a fraction of a tree equal to or greater than 0.5 tree then the number shall be rounded up. The applicant proposes to clear the site including the existing tree, which would result in the retention of zero percent of the existing trees. However, the retention requirement would have resulted in a fraction of a tree less than 0.5 tree. Therefore, the applicant will not be required to replace the fraction of protected tree. The City's landscaping regulations require the installation of landscaping within the public right-of-way. The minimum amount of landscaping required for sites abutting a non -arterial public street is 5 feet, provided that if there is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped. A determination has been made that if no additional area is available within the public right- of-way due to required improvements, the 5-foot landscaped strip may be located within private property abutting the public right-of-way. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. In addition, the applicant will be required to plant two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 — 8 feet in height (conifer), within the 15-foot front yard setback area for the proposed lots. Existing landscaping may be used to augment the required landscaping. A conceptual landscape plan was submitted with the application. The proposal includes the installation of five feet of landscaping along NE 51h Place and Hoquiam Ave NE and within the front yard of each of the lots. Two new Raywood Ash trees are proposed to be planted on Lot 1 within the 15-foot front yard setback. A Katsura and a Pink Flowering Dogwood along with ornamental shrubs (Rockrose, Viburnum) ground cover (Kinnikinnick) are also proposed to be planted on Lot 1. Five new Raywood Ash trees are proposed to he planted on Lot 2 within the 15-foot front yard setback. A Jacquemontil Birch and a Japanese Snowbell, along with the same ornamental shrubs and ground cover, are also proposed to be planted on Lot 2. The submitted conceptual landscape plan complies with the City's landscaping requirements. A detailed landscape plan is required to be submitted as part of the Final Short Plat application. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently a paved and improved public right-of-way along the frontage of the NE 5`1' Place. The applicant is required to dedicate 6 feet in width along NE 5th Place (approximately 1,045 square feet in area). The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. One new lot (credit given for the existing residence) is expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips x 1 lot = $717.75) and is payable prior to the recording of the short plat. SHPL Report 08-020 City of Renton Department of Comt y & Economic Development Admi ative Short Plat Report & Decision DO YEA SHORT PLAT, LUA08-02,, .,HPL-A Report of April 30, 2008 —�— Page 6 of 10 All wire utilities shall be installed underground per the City of Renton UnderG rounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. Blocks: No new blocks will be created as part of the proposed short. plat. Lots: The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone and allows for reasonable infill of developable land. Both lots are rectangular in shape. Lots I and 2 would front NF 5"' Street. Both lots meet the requirements for minimum lot size, depth, and width as demonstrated in the table on page 4 of this report. Both lots appear to have sufficient building area for the development of detached single-family residences. e) Reasonableness of Proposed Boundaries Access: Each lot would have direct access to a public right-of-way (NE 5"' Place) via single-family residential driveways. Topographer: The topography of the site slopes to the west, at an average slope of approximately 5 pereerrt. Due to the potential for erosion that could occur during construction activities, staff recommends as a condition of approval that erosion control be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume 11 of the 2001 edition of the Stormwater Management Manual. Relationship to Existing Uses: The properties surrounding the subject site are single-family residences and arc designated R-8 on the City's zoning reap. The proposal is sirrrilar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. f} Availability and I»apact on Pitblie Service,° (Tisneliires.v) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single-family lot with credit given for the existing single-family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488.00 ($488.00 x I new lot — $488.00) and is payable prior to the recording of the short plat_ Street addresses shall be visible from a public street. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based orr the student generation factor, the proposed short plat would result in 0.44 additional students (0.44 X I lot = 0.44) to the local schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Maplewood Elementary, McKnight Middle School and I lawn High School, Storm Water: The runoff from the new lot must use infiltration per design by a professional engineer, or be tight lined into the storm drainage system or other options as listed in, and in accordance, with the 1990 King County Surface Water Design Manual. Infiltration is allowed if the soils are acceptable. If per the 1990 Manual the engineer of record determines that detention is required then the engineer shall use the 2005 Manual for sizing the detention facility. The Surface Water System Development charges arc required, and based on a rate of $1,012.00 per new single-family lot (estimated total of S 1,012.00 with credit for the existing lot). Payment of this tee will be required prior to issuance of utility construction permit. .A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the SHPL Rrport 08-620 City of Renlon Department of C'omr y & Economic Development Adm ative Short flat Report & Decision DOYEit SHORT PLAT, LUA08-02u, SHPL-A Report of April 30, 2008 Pabc 7 of 10 project. This includes installing a silt fence along the perimeter of the site that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated. This will be required during the construction of both off -site and on -site improvements as well as building construction. Due to the potential for erosion to occur during project construction, staff recommends as a condition of approval that the project be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volurne II of the 2001 edition of the Stormwater Management Manual. Water: The proposed development is located within the Water District 90 service area. The applicant submitted a Certificate of Water Availability with the land use application. Water main improvement plans shall be designed to City of Renton standards. The plans need to also be submitted to the City of Renton for review. All short plats are required by City Code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GYM within 300 feet of any proposed single-family structure. If the proposed single-family structures exceed 3,600 square feet, the minimum fire flour increases to 1,500 GI'M and requires two hydrants within 300 feet of the structure. Any existing hydrants to be counted towards the fire flow requirements shall be field verified. The applicant will show the location and distance of all existing fire hydrants within 300 feet of the site. Existing and new hydrants will be required to be retrofitted with Storz "quick disconnect-' fittings, if not already in place. Sanitary Sewer Utilities: Installation of individual side sewers by the developer is required prior to recording the short plat; dual side sewers are riot allowed. The minimum slope for side sewers is 2%. The subject property is served by City of Renton sewer service. There is an existing S-inch sanitary sewer main adjacent to the site, which will need to be. extended to serve the new lots. This project is located in the Honey Creek Special Assessment District (SAD 861 1). These fees are $250,00 plus interest per new unit and shall be paid prior to issuance of a construction pen -nit and recording of the plat. System Development Charges would be required and are based on the size of any and all domestic water meters. Payment of this fee will be required prior to issuance of utility construction permits. and prior to recording the short plat. H. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: 1. Application: The applicant's short plat application complies with the requirements for infbrrrratiou for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 2. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family (RSF) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the R-8 zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Residential Single Family (zoned R-8); East: Residential Single Family (zoned R-8); South: Residential Single Family (zoned R-8); and West. Residential Single Family (zoned R-8). 6. System Development Charges: Development Charges and a Sewer System Development Charges, at the current applicable rates, will be required for the each new single-family residence as part of the construction permit. 5'1ll'L Report 08-020 City of Renton Department of Comn i & Econoniic Development Admi itive ,Short Plat Report & Decision DO YEA SHORT PLAT, LUA08-02v, jHPL-A Report of April 30.. 2008 - -- rage 8 of 1.0 Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lot. ►, CONCLUSIONS: 1_ The subject site is located in the Residential Single Family comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the .R-8 zoning designation and complies with the Zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. The proposed two lot short plat complies with the subdivision regulations as established by City Code and state taw provided all advisory notes and conditions are complied with. 4. The proposed two lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. IJ. DECISION: The Doyea Short Plat, File No. LUA08-020, SHPL-A, is approved subject to the following conditions: 1. The project shall be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume 11 of the 2001 edition of the Stormwater Management Manual, 2. The applicant shall pay a S4$8_00 Fire Mitigation Fee prior to the recording of the short plat. 3. The applicant shall pay the required Transportation Mitigation Fee based on S75.00 per net average daily trip prior to the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: ql % 0/o rd Neil Watts, Development Services Director Decision Date .SHPL, Report 08-020 City of Renton Department of Comn r & Economic Development Admi ztive Short Plat Report & Decision DOYEA SHORT PLAT, LUA08-02_, _HPL-A Report of April 30, 2008 Page 9 of 10 TRANSMITTED this 3e day of April, 2008 to the Owner/Applicant/Contact: Contact i Applicant: Darrell Offe Offe Engineers, PLLC Renton, WA 98059 Owner: C. Thomas Foster 6450 Southcenter Blvd Ste #1.06 Seattle, WA 98188 TRANSMITTED this 3e day qf April, 2008 to the Party (ies) of Record: Kay Haynes 551 Elma Place NE Renton, WA 98059 TRANSMITTED this 30" day of'April, 2008 to the following: Larry Meckling, Building Official Fire Marshal Neil Watts, Development Services Director Jennifer Henning, Planning Manager Kayren Kittrick, Development Services Jan Conklin, Development Services Carrie Olson, Development Services Renton Reporter Land Use Action Appeals & Request for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision on a short plat be reopened by the Administrator (Decision -maker). The Administrator (Decision -maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision -maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 14, 2008. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall -- 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. SHPL Report 08-020.doc City of Renton Department of Comr y & Economic Development Admi xtive Short Plat Report & Decision DO YEA SHORT PLAT, LUA08-020,.,HPI A Report of April 30, 2008 Page 10 of 10 ADVISOR YNO TES 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. Plannin,,: 1. Two ornamental trees, a minimum caliper of l-1/2 inches (deciduous) or 6 - 8 feet in height (conifer), shall be planted or retained within the 15-foot front yard setback area for the proposed lots. 2. RI�IC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. Property Services: I . To be sent under separate cover. Fire: L A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new Single-family structure~. 1f the building square footage exceeds 3,600 sq. ft. in area (including garage), the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. The applicant should note that the fire flow available to the site is 1,000 GPM, therefore no residences over 3,600 SF in area can be permitted on the subject site due to the limited fire flow available. 2. All building addresses shall be visible from, or posted at, the public street. Plan Review - Sewer: 1. System Development Charges (SDC) are based on the size of any and all domestic water meters. These fees are collected at the time a construction permit is issued and prior to recording the short plat. 2. Separate sewer stubs are required for each new lot prior to recording of the short plat. 3. This project is located in the Honey Creek Special Assessment District (SAD 8611). These fees are 5250 plus interest per new unit and shall be paid prior to issuance of a construction permit and recording of the plat. 4. Minimuan slope for side sewers shall be 2%. Dual side sewers are not allowed. Plan Review Water: 1. Watermain improvement plans shall be designed to City of Renton standards. The plans, even though it is in Water District 90, need to also be submitted to the City of Renton fbr review. Plan Review — Surface Water: 1. The new lots will be required to provide conveyance to address the storm water ntnoff from the individual lots. 2. Roof drains shall be tightlined to the storm system whenever feasible. 3. The Surface Water SDC fees of $1012 per new single family house are required to be paid. These fees are collected at the time a construction permit is issued. 4. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. Plan Review — Street; Transportation: 1. Per City of Renton code projects that are 2 to 4 residential units in size shall provide half pavement width plus minimum of 10', curb, gutter and sidewalk on the project side. The project shall imtall a mininnum 20' pavement section to the arterial if not existing. 2. "1 lie west curb line on Hoquiam Ave NE abutting this plat shall be located 18 feet from the right-of-way centerline to provide for an ultimate roadway face of curb to face of curb width of 36 feet. 3. All new electrical, phone and cable services and lines must be undergraunded. The construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording the plat. 4. Residential lots All lot corners at intersections of dedicated public rights -of -way shall have minimum radius of fifteen feet (15'). Miscellaneous: 1. Separate permits and fees for Side sewer connection,,, water meters, and storm drainage connections are required. 2. Applicant shall be responsible for securing all necessary easements for utilities_ 3. Proposed new rockeries or retaining walls to be constructed that are greater than four feet in height (from bottom of footing to top of wall) will be require a separate building permit for structural review. A geotechnical report is required with the submittal. 4. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. If three or more poles are required to be moved by the development design. all existing overhead utilities shalt be placed STIYL Report 08-020 D6 . 3 T23N R5E E V2 E 112th Pl. ........... z R — 8 SE 113th - ... d-' .................... N R-8' N H � a 8 R-8 R-8 R_g RM—FCQ S 1T SE 124h W -8 R-8 W cr R_8 > R-10 R-8 Qom, R-8 R di CA o o w R-4 CA NE Xh St. R-10 q) R-$ F EXHIBIT 1 CA R-1 F] �Q:Q Fr.NFR-�L F6 • ]S T23N R5E E V2 s l\Q.a./6 G�LNV .-.-..'......_RamonL�Ity Ilmlfp 14BOQP/wPW TECHNICALMMVI= ozwm 10 T23N ME E 1/2 5310 7)NING MAP Ba"'m 4 92 93 455 456 459 z 461. B B2 B3 B6 7 [AM. anger- i 26 T24N R4E 25 T24N R4E .,,..30 T24N R5E 9y'T24N RS 28-T24N R5E 27 T24N R5E 26 T24N }35E 81 94W 45511V 1'457 458 460 464 F ..0 ■ C2 C �II1 C51 C6 IC7 35 T24N'R4E 36 T24N R4E 31 T24N R5E 32 T24N R5E *T.PM-RgE, 35 T64N R5E 306.307 — 008 `309 3 - 8 801 . I . D D2, D3 \;,D4 DCUD7. 2 T23N R4E . 1 23N 94E 6 T23N R5E T23N R5E 4 T234 F15E 3 T23N R5E �- 2 T23N R5E 316. 31 31. 31.9 369 806 806._ f E2' E4_ E5.�7 1 T 3N R4E 12 T23N R41= T23N R5E 8 T23N R5E 9 T23N R5E 10 T23N R5E 11 T . Nj R5E 1 3�& � 32$ �, 32$ -370 $10. 8� �� F5'.--F F1- 3 F4FL& 4 T23N 114E , .13 T23N R4E 18 T23N R5E 7 T23N R5E 16 T23N R5E 11 T23N R5E 14T23N R5E 1: 371 815 816 334 �, 335 336 337 �__,.-- G1 G3,, G.24 GG G7, 3 T23N R4E 24 T23N R4E 19 T23N. R5E 20 T23N F15E 21 T23N . 22 T23N RSE 23 T23N FSE 2, 44 34 600 `601 � 602 820 : 821IL � i iH 1 , H3H5, HT T23N 114E . 25'T23liJ R4E 30 T23N R5E' - 29 23N R5E 28 T23N R5E 27 T23N R5E 26 T23N A5E 25 50 351; 60 b�4 605. 825 ' . 826 8 I2 I. 415 6 17'' 3 E 36 T23N R4E 31 T23N R5E '- 32 T23N R5E 33 T23N R4F .34 T23N R5E 35 T23N R5E 35 607 6081 609, 614 632 833 3 1 J 2. J 3 J51. �7 Y�T 22N R4E 1 T22N R4E 6 T22N F35E 5 T22N R5E 14 T22N R5E 3 T22N R5E 2 T22N R5E 1 T2 S�F�TIAL u7YR11 I'SE CENTER INDL'ST1319L C Resource Conservation CV Center Village Ih' Industrial - lieavy R-1 ' Residential 1 du/ac UC-NI Urban Center - North 1 IH Industrial - Medium R-a ,Residential 4 du/ac uc-N0 Urban Center - North 2 Ii Industrial -- Light E-8 Residential 6 du/ac CD Center Dos town* (P; publicly owned EHH Residential Manufactured Homes COR Commercial/Dffice/Residential -T_ -- Renton City Limits 8-10 Residential 10 du/ac 9 IAL __-Adjacent City Limits R-I4 Residential 14 du/ac CA Commercial Arterial' mw� Book pages Boundary RH-% Residential Multi -Family C❑ Commercial Office* F. Residential Multi -Family Traditional CN Commercial Neighborhood RpQu INDEX PAGEE �n- Rc Residential Multi -Family Urban Center* PAGE# • May include Overlay Districts. See Appendix maps. For additional regulations in Overlay Districts, pleaae see RMC 4-3. SE�T'TowN.maNse Printed by Pnnt & Mail Services, City Df Renton A PORTION OF THE SW 114 OF THE SE 114 OF SECTION 10, TOWNSHIP 23 N, RANGE 6 EAST, W.M. I X TE d I = P# 1 N22 O W � I S 88'20'+i' E t50.34' w 5O.02' 90, 32• Z 'mp 10' EASEMENT 110 N200703220D7371 N h ILL z D - 2 LLi1 > on,'. , tfl3 4 t So.UC d H� y0Y Ft. m Ex. H u 9ti52 - iO TO REMAIN N hgDti I_--- Q � a 11 d 15' UTILITY EASIVIT REC#4267252 __ � =25.0' � 15, fi0.a2' 6+.64' a S 8870'45' E 15D.32' NL .Si TH r`LAII 'RIGHT OF WAY Ih! TO HE DEDICAT" I o SHORT PLAT INFORMATION - TOTAL AREA: 0.34 ACRES PROPOSED NUMBER OF LOTS: 7 ZONING. R-8 R/W TO RE DEDICATEO: 1,045 SO. FEET PROPOSED NET ❑ENSITY: 6.4 1_EGAL DESCRIPTION: AST HALF OF THE FOLLOWING RESCRIBED PROPERTY: HE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST D'UARTER IF THE SOUTHWEST OUARTER OF THE SOUTHEAST QUARTER OF EXHIBIT 2 N 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M , KING COUNTY, VASHI YASHINGTON; :XCEPT THE NORTH 67 FEET ;ECTIONAND EXCEPT THE EAST 30 FEET THEREOF, CONVEYED TO KING COUNTY 'OR ROAD BY DEED RECORDED UNDER Au01TOR'S FILE NO. 3065639. OWNER: " I J �' . I , I, I CLINTON THOMAS FOSTER, AS HIS SEPARATE ESTATE 6450 SOLTHCENTER BLVD. SUITE 106 SEATTLE, WASHINGTON 98158 SURVEYOR: MEAL 01-MAN k ASSOC. 17625 - 130 TH AVENUE NE SUITE 104 WOODINYILLE, WASHINGTON 90072 ENGINEER: OFFE ENGINEERS. PLLC 13932 SE 1591h PLACE RENTON, WASHINGTON 98G58-7632 DEVELOPMENT PLANNWNG CITY OF RENTON MAR 3 1 2W8 b unLlncs [.tip KlDA[ raU DIG 1-10D-4E4-DSD] jo GRAPHIC SCALE a e F,rh . A ti.r 11tlCOYY[IItlfD f011 AIMIOYILL J I. O.i., 6 wrr DEf1Dl]ppa SHELT arc w. eaa« ma. nK Laxk�,m •1,6ou Z O91 i I --OP- FA?l as �' A � n1 IGVA � AA If A AMA Wid 3dYMNV7 �.V' d 1�dOHS d3J.00 iffiS t 1 b Lq v SFIOISUL34 11 3N 3nN3AV nvinbOH U0yll SHORT PLAT • CITY OF RENTON, WASH I NGTCN _ RENTON --- -- -- -- --- —� wrw W. Rensa e. ns� wve .•� �. �. °b"""vrsa,y/we4 .w., o.m. . L- J CC p rn x�7I -....... 2 r ro x - ;f I I I ` HOWAM AVENUE NE s D � g � 6 m A�Fc' DOYEA SHORT PLAT as TOM o _ _ s r TOPORAP Y AN FOSTER G LAN im ® OFFB MENGMERS VMKAM srsxnswrrarud # fr �w.�wMM mrta�a�eaaRri ram ow.r+w er cnca�n �r xa Ii2m9 orscas�gr 3 O 1 O z O n x m ra O n i Z m m a, O n 10 m n O z 0 O z w x T IV 6. m D z 0 m u rn a w a m� zi Q City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: APRIL 18, 2008 APPLICATION NO: LUA08-020, SHPL-A DATE CIRCULATED: APRIL 4, 2008 APPLICANT: Tom Foster PLANNER: Rocale Timmons PROJECT TITLE: Do ea Short Plat PLAN REVIEWER: Arneta Henninger SITE AREA: 14,678 square feet EXISTING BLDG AREA ross : 1,200 square feet LOCATION: 533 Ho uiam Avenue NE PROPOSED BLDG AREA(gross) NIA • WORK ORDER NO: 77876 r PLEASE RETURN TO ROCALE TIMMONS IN CURRENT PLANNING 6TH FLOOR SUMMARY OF PROPOSAL: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas 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/Shorefine Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE-RELA TED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary NousO Aesthetics Light/Clare Recreation Utilities Trans portatiorr Public Services HistonclCultural 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 probabie impact or areas where additional nformation is needed to properly assess this proposal. 0E --7 Q d Signature of Director or Authori d Representative Date '4 CITY OF RENTON MEMORANDUM DATE: April 11, 2008 TO: Rocale 'Timmons FROM: Arneta Henninger X7298' SUBJECT: DOYFA SHORT PLAT APPLICATION Lt1A 08-020 533 HOQUTAM AV NE I have reviewed the preliminary application for this 2 lot short plat located on the west side of Hoquiam Ave NE in the vicinity of NE 5th P1 and in the vicinity of Honey Brook West in Section 10, Twp. 23N Rng 5E, and have the following comments. Existing Conditions: Water -- The project site is located in the Water District 90 service area. Sanitary Sewer -- There is an existing 8" sanitary sewer main in NE 5th [11. Storm -- 'There are storm drainage facilities in Hoquiam Ave NE_ This project site is in the Honey Creek drainage basin. The site is not located in the Aquifer Protection Zone. CODE REQUIREMENTS WATER: • The project submitted a Certificate of Water Availability from Water District 90 to confirm that the District can provide the required fire flow rate for the development as required. • Watermain improvement plans shall be designed to City of Renton standards. The plans, even though it is in Water District 90, need to also be submitted to the City o[ Renton for review. • All fire hydrants must be capable of delivering a minimum of 1,000 GPM and be constructed and/or upgraded to City of Renton standards. • All plats are required by City code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed single-family structure. This distance is measured along a travel route. If the proposed single-family structures exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. Additional fire hydrants may be required as a part of this project to meet this criterion. The fire hydrants must meet all current City of Renton standards. SANITARY SEWER: • Individual sidesewers from the main to the property line were installed to serve the new lots. • The applicant is responsible for securing the necessary easements to serve this short plat with sanitary sewer. L4 Doyea Short Plat Application 533 Hoquiam Ave NE • This project is located in the Honey Creek Special Assessment District (SAD 8611). These fees are $250 plus interest per new unit and shall be paid prior to issuance of a construction permit and recording of the plat_ • System Development Charges (SDC) are based on the size of any and all domestic water meters. These fees are collected at the time a construction permit is issued and prior to recording the short plat. STREET IMPROVEMENTS: • Per City of Renton code projects that are 2 to 4 residential units in size shall provide half pavement width plus minimum of 10', curb, gutter and sidewalk on the project side. The project shall install a mininmin 20' pavement section to the arterial if not existing. • The west curb line on Floquiam Ave NE abutting this plat shall be located 18 feet from the right- of-way centeriine to provide for an ultimate roadway face of curb to face of curb width of 36 feet. • All new electrical. phone and cable services and lines must be undergrounded. The construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording the plat. • Residential lots — All lot corners at intersections of dedicated public rights -of -way shall have minimum radius of fifteen feet (15')_ • The applicant shall pay the Traffic Mitigation Fee of $717.75 prior to recording the plat. This is a condition of the short plat. STORM DRAINAGE: + The storm drainage plan fbr this 2 lot short plat shall determine if detention is required under the 1990 King County Surface Water Drainage Manual. If per the 1.990 Manual the engineer of record determines that detention is required then the engineer shall use the 2005 Manual for sizing the detention facility. This is a condition of the short plat. • The new lots will be required to provide conveyance to address the storm water runoff from the individual lots_ • The Surface Water SDC fees of $1012 per new single family house are required to be paid. These fees are collected at the time a construction permit is issued. • Ali required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. • All projects are required to be tied to a minimum of two of the City of Renton current horizontal and vertical control network. • Permit application must include an itemized cost estimate for these improvements. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. See Drafting Standards. D oyeaShPIOF City of Renton Department of Community & Economic development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: APRIL 18, 2008 APPLICATION NO: LUA08-020, SHPL-A DATE CIRCULATED: APRIL 4, 2008 APPLICANT: Tom Foster PLANNER: Rocale Timmons r- Y `" PROJECT TITLE: Do ea Short Plat PLAN REVIEWER: Arneta Henninger SITE AREA: 14,678 square feet EXISTING BLDG AREA (gross): 1,200 square feet 4 2001 LOCATION: 533 Ha uiam Avenue NE PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 77876 SUMMARY OF PROPOSAL: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas 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 LaridlShoreiine Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS N )N Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Li ht/Giare Recreation Utilities Transportation Public Services NistariclCult oral 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 rope assess this proposal. Signature of Director or Authorized Represe tative Date Project Name: Project Address: Contact Person: Permit Number: Project Description: Land Use Type: Residential ❑ Retail ❑ Non -retail Calculation: (2-1)9.57 = 9.57 ADT 9.57 x $75.00 = $717.75 A� ♦ *=4R hr �V Doyea Short Plat 533 Hoquiarn Avenue NE Tom Foster LUA08-020 2 lot SFR shed plat with one ex. home Transportation Mitigation Fee: $717.75 Calculated by: Date of Payment: Method of Calculation: -iTE Trip Generation Manual, 7th Edition ❑ Traffic Study ❑ Other (210) SFR 9.57 trips / du Date: City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Tr -a ~ 1 COMMENTS DUE: APRIL 18, 2408 APPLICATION NO: LUA08-020, SHPL-A DATE CIRCULATED: APRIL 4, 2008 APPLICANT: Tom Foster PLANNER: Rocale Timmons R E C E IV E D PROJECT TITLE: Do ea Short Plat PLAN REVIEWER: Arneta Henninger SITE AREA: 14,678 square feet EXISTING BLDG AREA (gross): 1,200 square feet LOCATION: 533 Ho uiam Avenue NE PROPOSED BLDG AREA(gross) N/A ILDING DIVJSJOt WORK ORDER NO: 77876 SUMMARY OF PROPOSAL: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas onsite. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earlh Arr Water Plants LandlShoreline Use Animals Envlronrnentai Health Energyl Natural Resources 5WG1n'-r & 503 ,,PCs `/15/�S B. POLICY -RELATED COMMENTS C. CODE-RELA TED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services HistoriclCulturai Preservaticn 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 of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: PC �r COMMENTS DUE: APRIL 18, ZOOS APPLICATION NO: LUA08-020, SHPL-A DATE CIRCULATED: APRIL 4, 2008 APPLICANT: Tom Foster PLANNER: Rocale Timmons PROJECT TITLE: Do ea Short Plat PLAN REVIEWER: Arneta Henninger SITE AREA: 14,678 square feet EXISTING BLDG AREA (gross): 1,200 square feet LOCATION: 533 Ho uiam Avenue NF PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 77876 SUMMARY OF PROPOSAL: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas 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 Envirunmentaf Heaffh Energy/ Naturaf Resources B. POLICY -RELATED COMMENTS J f C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Light/Glare Recreation ufirties Transportation Public Services Historic/Cultural Preservation Anporf Environment 16,000 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 of Renton Department of Commonity & Economic Dev-,opment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE. APRIL 18, 2008 APPLICATION NO: LUA08-020, SHPL-A DATE CIRCULATED: APRIL 4, 2008 APPLICANT: Tom Foster PLANNER: Rocale Timmons PROJECT TITLE: Do ea Short Plat PLAN REVIEWER: Arneta Henninger SITE AREA: 14,678 square feet EXISTING BLDG AREA (gross): 1,200 square feet LOCATION: 533 Ho uiam Avenue NE PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 77876 SUMMARY OF PROPOSAL: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas 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 Heaith Energy/ Natural Resources Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li htlGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,060 Feet 14,000 F B. POLICY -RELATED COMMENTS /2,t)• C. CODE -RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additio al information is needed to property assess this proposal. 7 Signature of Director or Aut orized ep sentatwe Date City of Renton Department of Community & Economic Development ENVIRONMENTAL. & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT! C L COMMENTS DUE: APRIL 18, 2008 APPLICATION NO: LUA08-020, SHPL-A DATE CIRCULATED: APRIL 4, 2008 R E C E I V E D APPLICANT: Tom Foster PLANNER: Rocale Timmons AN U PROJECT TITLE: Do ea Short Plat PLAN REVIEWER: Arneta Henninger SITE AREA: 14,678 square feet EXISTING BLDG AREA (gross): 1,200 squa 4' DIVISION LOCATION: 533 Ha uiam Avenue NE PROPOSED BLDG AREA(gross) N/A WORK ORDER NO: 77876 SUMMARY OF PROPOSAL: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas 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 A nimafs Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS NOAlE C. CODE -RELATED COMMENTS / V 6 YE Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li ht/Giare Recreation Utilities Transportation Public Services HislarxlCult ural Preservation Airport Environment 10,000 Feet 14,000 Feet We nave reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas whelk additional information is needed to properly assess this proposal. Authorized Represe �y Q FIRE DEPARTMENT + �'i + M E M O R A N D U M I DATE: 4/4/08 TO: Arneta Henninger, Plan Reviewer CC: Rocale Timmons, Planner FROM: David Pargas, Assistant Fire Marshal r SUBJECT: LUA08-020, SHPL-A DOYEA SHORT PLAT APPROVAL Fire Department Comments are as Follows: 1. The conditions set forth and noted in the February 6, 2006 memo from then Assistant Fire Marshal Jim Gray and as noted in the February 16, 2006 Pre - Application meeting are still applicable to this project. See attached February 6, 2006 Pre -Application memo from Jim Gray 2. During Construction all hydrants are to be operable before combustible construction will be allowed. 3. Temporary Fire Apparatus access shall be provided throughout the construction phase of this short plat. 4. Temporary address shall be provided and be clearly visible far responding emergency responders. 5. The fire mitigation fee of $488.00 per unit shall be paid at the time of Final Plat recording. Any questions or concerns regarding the fire department comments as it pertains to this project may be directed to Assistant Fire Marshal, David Pargas at 425-430-7023 iAcily memos108 final & prelim rev11ua08-020, shpl-a doyea short platdoc J City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: APRIL 18, 2008 APPLICATION NO: LUA08-020, SHPL-A DATE CIRCULATED: APRIL 4, 2008,`V �' APPLICANT: Tom Foster PLANNER: Rocale Timmons PROJECT TITLE: Do ea Short Plat PLAN REVIEWER: Arneta Hennin o SITE AREA: 14,678 square feet � EXISTING BLDG AREA (gross): 11,200) suare feet LOCATION: 533 Ho uiam Avenue NE PROPOSED BLDG AREA (gross) N/A WORK ORDER NO: 77876 — -- . . SUMMARY OF PROPOSAL: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone. The subject site is a total of 14,678 square feet. The existing single-family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5,501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways_ The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas 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/Shoreiine Use Anirnais Environmental Health Energy/ Natural Resources �0V&3 C" De'Wt•/0f or s B. POLICY -RELATED COMMENTS C_ CODE-RELA TED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housir Aesthetics 1_i htlQare Recreation utilities Transportation Public Services Historic/Cuitural 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 OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 4th day of April, 2008, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter & NOA documents. This information was sent to: Name Representing Darrell Offe Contact C. Thomas Foster Owner/Applicant Surrounding Property Owners - NOA only See Attached (Signature of Sender). 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 act for the uses and purposes mentioned in the instrument. y I-7 )OR My appointment expires 102305929006 102305945309 102305945408 ARUNDELL W T BURLAKOV NIKOLAY+YELENA BUR BURNASHEV VITALIY+ANNA 507 HOQUTAM AVE NE 5115 NE 5TH CIR 5121 NE 5TH CIR RENTON WA 98059 RENTON WA 98059 RENTON WA 98059 102305918603 CHASE PMB 333 1402 LAKE TAPPS PKWY E #F104 AUBURN WA 98092 102305925806 HILL DANNY L 500 HOQUTAM AVE NE RENTON WA 98055 102305939708 LANE NORMAN F 14106 SE 124TH ST RENTON WA 98059 102305921706 MARTIN LEAH L+SCOTT L 16247 205TH PL SE RENTON WA 98059 102305940300 MEAD HENPY+I_AVFRNF 552 HOQUTAM AVE NE RENTON WA 98059 102305933909 OLIY IVAN N-rYULIYA V 12251 142ND AVE SE RENTON WA 98059 102305937702 S -IiTH �,IARK AY STACEY L 14114 SE 124TH ST RENTON WA 98059 344872001005 VOYTOVICH VITALIY+OLGA 5109 NE 5TH PL RENTON WA 98059 102305921201 FOSTER CLINTON THOMAS 6450 SOUTHCFNTER BLVD SEATTLE WA 98188 102305945507 HO SUK L+PANG CHO F 5127 NE 5TH CIR RENTON WA 98056 102305925400 HALE DAVID MICHAELi KARI LYN 5TE 106 11875 NE 142ND PL KIRKLAND WA 98034 102305912309 LANGLEY DEVELOPMENT GROUP I 6450 SOUTHCENTER BLVD STE # 106 SEATTLE WA 98188 102305929808 MATTHAI DELORES L PO BOX 562 BLACK DIAMOND WA 98010 102305945200 NARAYAN VIJAY PO BOX 3526 RENTON WA 98056 102305919007 PETERS CAROLE PO BOX 266 MAPLE VALLEY WA 98038 102305918405 SUDDUTH JONET M 12260 142ND SE RENTON WA 98065 102305920807 J & M LAND DEVELOPMENT INC 555 S RENTON VILLAGE PL #775 RENTON WA 98057 102305933800 LEFLER GERALD 5006 NE 6TH ST RENTON WA 98059 102305923009 MEAD HANK & LAVERNE 552 HOQUTAM AVE NE RENTON WA 98059 102305928305 NELSON KYLE 562 HOQUTAM AVE NE RENTON WA 98059 102305928107 RAMRAKHA AMAR C+ASHA M+JAYS 5103 NE 5TH C[R RENTON WA 98059 344872001104 TRAN SE MENG+RINAN 5115 NE 5TH PL RENTON WA 98055 NOTICE OF APPLICATION A Master Application has boon filed and accepted with the Department of Community & Economic Development IC ED)— Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals, PROJECT NAMElNUMBPR. Uuyea Shal Plat i LUA05-020, SHPL-A PROJECT DESCRIPTION: Tte apjfic—L is requesting an aorninistrative two lcl shod plat localed within ins residential - $ (ri dwemng units peg acre mne The subject site is a total or 14,il square fee: The existing sohgle- family residence is proposed to remain on whal would became new Lot 2. Proposed Lo; 1 would be 5,501 square feet in area and proposed Lot 2 would be 8.132 square feet in area. Access to the propcseo lots would be gained off of NE 51h Place wa resldcnlial driveways. The applicant proposes to remove the 1 sionificant tree that is onsite. There are no critical areas onsite. PROJECT LOCATION', 533 HDGuiam Avenue NE PUBLIC APPROVALS, Adminislrative Snort Plat approval APPLICANTfPROJFCT CONTACT PERSON Darrel Offe: Offe Engineers, PLLC, Te!- 1425] 260-3412 Eml. darrell.ottecomcast. nel Comments on the above application must be submitted in writing to Rocafa Timmons, Associale Planner, Uep irlment of Cammuniq & Economic Development, '1055 South Grady Way, Renton, WA 91057, by 5:00 PM on April 18, 2008. It you have questions about this proposal, or wsn to be made a paC) of record and receive additions: notthcelwn by mail, : rroact the Project Manager at (425) 430-7219. Anyone who scbmrs written comments will automatically become a party of record and will be notified of any decision on this project. I PLEASE INCLVDF THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: March 12, 2008 NOTICE OF COMPLETE APPLICATION: April4, 2008 DATE OF NOTICE OF APPLICATION: April 4, 2008 you would like to be made a party of record to reoei✓c further information on this proposed p-clect, complete this form and return to: City of Renton. CED, Planning Div,G, n, `055 South Grady '�Vay. Renton. N'A 98057 F. Name i Nn, Uuyea Short Plat i LUA06-020. ShPL-A NAME. "Ali NG ADDRESS. TELEPHONE NO. CERTIFICATION I, ` C. "i .08'4`-a , hereby certify that copies of the above document were posted by me in conspicuous places or nearby the described property on r ,,sQrrs,,l,itlltf DATE: lu� 1 C'iUy) SIGNED:.% •• "" �I ATTEST: Subscribed and sworn before tne, a Notary Public, in and for the State of Washington residing+ln a on the day of 0 j%A. ( NOTARY PUBLIC SIG ittu�a, + + NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals_ PROJECT NAMEINUMBER: Doyea Short Plat 1 LUA08-020, SHPL-A PROJECT DESCRIPTION: The applicant, is requesting an administrative two lot short plat located within the residential - 8 (R-8) dwelling units per acre zone The subject site is a total of 14,678 square feet. The existing single- family residence is proposed to remain on what would become new Lot 2. Proposed Lot 1 would be 5.501 square feet in area and proposed Lot 2 would be 8,132 square feet in area. Access to the proposed lots would be gained off of NE 5th Place via residential driveways. The applicant proposes to remove the 1 significant tree that is onsite. There are no critical areas onsite. PROJECT LOCATION: 532 Hoquiam Avenue NE PUBLIC APPROVALS: Administrative Short Plat approval APPLICANTIPROJECT CONTACT PERSON: Darrel Offe; Offe Engineers, PLLC; Tel: (425) 260-3412;. Eml: darrell.offe@comcast.net Comments on the above application must be submitted in writing to Rocale Timmons, Associate Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on April 18, 21 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 at (425) 430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: March 12, 2008 NOTICE OF COMPLETE APPLICATION: April 4, 2008 DATE OF NOTICE OF APPLICATION: April 4, 2008 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED, Planning Division. 1055 South Grady Way Renton, WA 98057. File Name / No.: Doyea Short Plat / LUA08-020, SHPL-A NAME MAILING ADDRESS TELEPHONE NO.: y CIT' OF RENTON A �. Denis Law, Mayor April 4, 2008 Darrell Offe Offe Engineers, PLLC 13932 SE 1591h Place Renton, WA 98058 Subject: Doyea Short Plat LUA08-020, SHPL-A Dear Mr. Offe: Department of Community and Economic Development Alex Pietsch, Administrator The 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. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7219 if you have any questions. Sincerely, Ro ale Timmons Associate Planner cc: C. Thomas Foster / Owner(s) 1055 South Grady Way - Renton, Washington 98057 This papereontains 561/. recycled material .30% post consumer RENTON AHEAD OF THE CiJRVE CITY F RENTON �r ^ Denis Law, Mayor April 3, 2008 Michael Fortson Department of Transportation Renton School District 1220 N 4`h Street Renton, WA 98055 Subject: Doyea Short Plat LUA08-020, SHPL-A Department of Community and Economic Development Alex Pietsch, Administrator the laity of Renton's Department of Community and Econonuc; Development (CED) nas zeceived an application for a 2-lot single-family subdivision located at 533 Hoquiam Avenue NE. Please see the enclosed Notice of Application for further details. In order to process this application, CED needs to know which Renton schools would be attended by children living in residences at the location indicated above. Please fill in the appropriate schools on the list below and return this letter to my attention, City of Renton, CED, Planning Division, 1055 South Grady Way, Renton, Washington 98057 by April 18, 2008.i Elementary School: Middle School: High School: Will the schools you have indicated be able to handle thee( impact of the additional students estimated to come from the proposed development? Yes /\ No Any Comments: Thank you for providing this important information. If you have any questions regarding this project, please contact me at (425) 430-7219. Sincerely, Roc le Timmons A le Planner Encl. 1055 South Grady Way - Renton, Washington 98057 This paperoonlains 501/6recycied material, 30 % post consumer RENTON MVELOP6A�� INC Mp,R x 1 2008 DO YEA SHORT PLAT iiEcOVED 553 Hoquiam Avenue NE King County Tax number 102305-9212 2 Single Family Residence PROJECT NARRATNE The proposal is to construct 1 new home and leave the existing residence on the property located at 553 Hoquiam Avenue NE, Renton. The proposed 2-lot short plat will access from NE 5t' Street / the existing house will remain with access off of Hoquiam Ave. The property gently slopes from the north to the west into NE 5t' Street. The drainage from the new home and existing house will flow into the drainage system constructed under the plat of Honey Brooke West (Lua- 05-055). The flow continues to the southwest through Blueberry Place (west) into the headwaters of Maplewood Creek. Permits required: Land Use Action permit and Building permit Zoning designation: The property is zoned Single Family Residential R-8. The surrounding area is zoned single-family residential. Current Use: Open lawn with one existing house Special features: None -- sloping south topography Soil Type/Drainage: The site is underlined with dense Alderwood series soils that has been covered with lawn, structures, and landscaping. The drainage design for the proposed short plat would be to collect the storm water from the driveway and house and convey the flow into the existing storm water system construction under the Honey Brooke West Plat. Proposed use: 2 single family residences Access: Access to the project would be from NE 5"' Street/ existing house to remain with access off of Hoquiam Ave. NE. Proposed Off site improvements: No improvements are proposed Total estimated cost I Fair market value: Estimated cost $200,000; Market value (completed home) $500,000 Estimated quantities: No fill material or excavated material will be generated. Trees removed: One existing tree is located on the property (cedar). This tree is proposed to be removed during the construction of the new horse. Dedication to the City: The remaining 6' of the North side of NE 5t' Street would be dedicated to the city. Proposed size, number and range. The lots range from 5,501 to 8,132 square feet. There are 2 proposed lots. Sob shades, sales trailers, and model home: No proposal at this time DO YEA SHORT PLAT 553 Hoquiam Avenue NE King County Tax number .1 02305--9212 2 Single Family Residence CONSTRUCTION MnTGA77ON sT4 DEV�� OFh1 t[3►� 1NG �4p,R 3 1 200$ Proposed Construction Dates (begin and end dates): All improvements necessary to provide services for this two lot short plat were installed under the Honey Brooke West LUA-05-055 construction plans. These improvements have been competed and bonded for acceptance. Hours and days of operation: NIA Proposed Hauling/ Transportation routes: N/A Measures to minimize construction activities: N/A Special hours: N/A Preliminary Traffic Control Plan: N/A Existing Residence: The existing house located at 553 Hoquiam Avenue NE is proposed to remain, City of Renton TAE RETENTICN WORKSHEET Um 500wor PLA;r 1. Total number of trees over 6" in diameter' on project site: 1. trees 2. Deductions: Certain trees are excluded from the retention calculation. - Trees that are dead, diseased, or dangerous2 trees Trees in proposed public streets trees Trees in proposed private access easements/tracts trees Trees in critical areas3 and buffers A trees Total number of excluded trees: 2. i! trees 3. Subtract lime 2 from line 1: 3. trees 4. Next, to determine the number of trees that must be retained4, multiply line 3 by: 0.3 in zones RC, R-1, RA or R-8 0,1 in all other residential zones 0.05 in all cornmefbal and industrial zones 4. trees 5. List the number of 6" or larger trees that you are proposing5 to retain4: 5. trees 6. Subtract line 5 from fine 4 for trees to be replaced: 6. trees 7. Multiply line 6 by 12" for number of required replacement inches; 7. inches 8. Proposed size of trees to meet additional planting requirement: �( (Minimum 2' caliper trees required) 8. inches per tree 9- Divide line 7 by line 8 for number of replacement trees5: (if remainder is .5 or greater, round up to the next whole number) 9. � trees I Measured at chest height. Dead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect or certified wborlst, and approved by the City. J Critical Areas, such as wetlands. streams, floodplains and protected slopes, are defined in section 4-3-050 of the Renton Muniapal Code (RMC). 4 Count only those trees to be retained outside of critical areas and buffers. 5 The City may require modification of the tree retention plan to ensure retention of the maxirnum number of trees per RMC 44-M �pt 6 Inches of street trees. inches of trees added to critical areasrbulfers, and inches of trees retained on site that are W"W* greater than 2' can be used to meet the tree replacement requirement. -) 1 [ it-Division/FormsIrrccRctent ionWorksheet 11107 CITY . F RENTON ""R r!�j` ,� Denis Law, Mayor March 18, 2008 Mr. Darrell Offe Offe Engineers, PLLC l 3932 SE 159°i Place Renton, WA 98058 Subject: Doyea Short Plat LUA 08-020, SHPL-A Dear Mr. Oflc: Department of Community and Economic Development Alex Pietsch, Administrator The Development Planning Section of the City of Renton has determined that the subject application is incomplete according to submittal requirements and, therefore, is not accepted for review. The project application will not be accepted until the following is submitted: ti) A revised Site Plan is submitted depicting; ■ The square footage and footprint of the existing single family residence ■ A note stating whether or not the existing single family residence will remain or be remm,ed. h) A revised project narrative is Submitted noting: ■ The proposed number, net density and range of sizes (net lot area) of the new lots ■ NUmber, type and size of any trees to be removed ■ Proposed off -site improvements (i.e. installation of sidewalks, sever main, etc.) ■ The cuiTcnt use of the site and whether not it will remain after the recording of the plat c) Plan Reductions (1) Construction Mitigation Description 0 Tree Cutting/Land Clearing (Tree Inventory) Plan ) Tree Retention workshect Please provide the number of copies requested in the short plat submittal requirement checklist for each item mentioned above. Once the necessary information is received, _your application will be formally accepted and processed. All requested materials should be submitted to Current Planning, 6"' Floor, Renton 1055 South Grady Way - Denton, Washington 98057 R E N T O N ® RHFAI) OF ' This paper contains 50% recycled material, 3(?4�pnsl consumer 1'HI: CURVE f City Hall to the attention of Rocale Timmons. Please eontact me, at (425) 430-7219, if you have any questions. sincerely; "Ro'cale Timmons Associate Planner cc: Torn Foster 1 owner Project File wL:V City of Renton WR 1 p. L LAND USE PERMIT RECE MASTER APPLICATION /� PROPERTY OWNER(S) NAME: CLAN[T(()N 31,AS VM , ADDRESS: o 5-d `I MCO,,n� 0 �:VI 5 o i rf- I cio CITY: Joyrj�, WA ZIP: ( 199 J TELEPHONE NUMBER: 4 - 2-44— D i APPLICANT (if other than owner) NAME: To Wk COMPANY (if applicable): ADDRESS: 5DU T�v a BLVD' 1. 1 b tv CITY: WA ZIP: ei l q TELEPHONE NUMBER CONTACT PERSON NAME: �)AF f2 Etj -_ COMPANY (if applicable): ADDRESS: 2 t 64-' CITY: ZIP: TELEPHONE NUMBER AND E-MAIL ADDRESS: zq-Ze9l z-&o - 34fz L PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: 00 kiP �11- PROJECT ADDRESS(S)ILOCATION AND ZIP CODE: ibC fr�J�F- tJC-, `tam t4kt, C�so 131 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): (o1-3a� --2-12— EXISTING LAND USE(S):Uy PROPOSED LAND USE(S): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Mo - PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N 1, EXISTING ZONING: PROPOSED ZONING (if applicable): h] �i�22� SITE AREA (in square feet): 14 � -7 U SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 0 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): Gj v A - NUMBER OF PROPOSED LOTS (if applicable): Iz- NUMBER OF NEW DWELLING UNITS (if applicable): Q:web/pw`dcvscrv/ibrms/planning/mus[erapp.doc 1 09/19r05 PmuJECT INFORMA TION (continued NUM,9SR Or EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED SIDENTIAL BUILDINGS (if applicable): 2 1 MK) -J. SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): '2, Q(] SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): tJ A - SQUARE FOOTAGE OF EXISTING NON-RESID7NTIAL BUILDINGS TO REMAIN (if applicable). N NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if N applicable): 4— NUMBER OF EMPLOYEES TO BE MED BY THE NEW PROJECT (if applicable): PROJECT VALUE: 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 * FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS AND LAKES sq. ft_ ❑ WETLANDS sq. ft_ LEGAL DESCRIPTION OF PROPERTY I (Attach sepal description on separate sheet with the following information included) SITUATE IN THE -') e- QUARTER OF SECTION Q , TOWNSHIP �j N RANGE 5 E", IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 2. Staff will calculate applicable fees and postage: $ 3. 4. I AFFIDAVIT OF OWNERSHIP I r� I, (Print Namels) /��c�, / t��u sP�, 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. certify that I know or have satisfactory evidence WtCh Ii T FimJ j signed this instrument and acknowledged it to b h lherltheir free and voluntary act for the uses and purposes mentioned in the instrument. J (Signature of Owner/Representative) (Signature of OwnerlRepresentative) Q�� � V'Y'5- ___ - 711N Notary Publi in nd for the State of Washington Notary (Print) �D My appointment expires: Q:web/pw/devserv/forms/planning/mastcrapp.doc 2 09/19/05 Form No. 1068-2 imitment No.: 4209-947212 ALTA Plain Language Commitment Page 2 of 9 SECOND REPORT SCHEDULE A 1. Commitment Date: July 18, 2007 at 7:30 A.M. 2. Policy or Polities to be issued: AMOUNT PREMIUM TAX General Schedule Rate Standard Owner's Coverage $ 550,000.00 $ 1,127.00 $ 100.30 Proposed Insured: Harbour Horses, Inc. Simultaneous Issue Rate Extended Mortgagee's Coverage $ To Follow $ To Follow $ To Follow Proposed Insured: To Follow 3. (A) The estate or interest in the land described in this Commitment is: A Fee simple. (B) Title to said estate or interest at the date hereof is vested in: Clinton Thomas Foster, as his separate estate 4. The land referred to in this Commitment Is described as follows: Real property In the County of King, State of Washington, described as follows: The East half of the following described property: The Southeast quarter of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 Borth, Range 5 East, W.M., in King County, Washington; EXCEPT the North 67 feet AND EXCEPT the East 30 feet thereof, conveyed to King County for road by Heed recorded under Auditor's File No. 3065639. APN: 102305921201 AMen1w 7A* C 0� i� fit_p IV!t � 4'IRG Kr*4r))'N' OFIRE DEPARTMENT ♦M E M Q R A N D DATE: February 6, 2006 TO: Valerie Kinast, Associate Planner FROM: James Gray, Assistant Fire Marshal SUBJECT: Doyea Short Plat, 553 Hoquiam .Ave. NE Fire Department Comments: MART' U M I. A fire hydrant with I000 GPM fire flow is required within 300 feet of all new single- family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structure. 2. A fire mitigation fee of $488.00 is required for all new single-family structures. 3. All building addresses shall be visible from a public street. Please feel free to contact me if you have any questions. Odoyeasp.doc CITY OF RENTON MEMORANDUM DATE: February 8, 2006 TO: Valerie Kinast 1� FROM: Arneta Henninger X7298 }� SUBJECT: DOYEA SHORT PLAT 553 HOQUTAM AVE NE PREAPPLICATION 06-013 2 SINGLE FAMILY LOTS NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN THIS REPORT: The following comments on development and permitting issues are based on the pre application submittals made to the City of Renton by the applicant. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision makers (e.g. Hearing Examiner, Boards of Adjustment, Board of Public Works and City Council). Review comments may also need to be revised based on site planning and other design changes required by the City or made by the applicant. I have reviewed the preapplication for this 2 lot plat located in Section 10-23-5 and have the following comments: SEWER: • This project is not located in the Aquifer Protection Zone. • There is not a sanitary sewer main in Hoquiam Ave NE. + The applicant is responsible installing a sanitary sewer main for providing sanitary sewer to serve the 2 lots_ • Individual side sewers are required, dual sidesewers are not allowed. • This project is located within the Honey Creek Special Assessment District (SAD 8611). This fee is $250 per unit and is collected as part of the construction permit. • System Development Charges of $1017 per lot are required. The Development Charges are collected as part of the construction permit and prior to recording the short plat. WATER: • This project is not located in the City of Renton water service area. Hoquiam 8 NE 5th St Short Plat Preapplication Page 2 • The project shall submit a Certificate of Water Availability from Water District 90 to confirm that the District can provide the required fire flow rate for the development as required. • Watermain improvement plans shall be designed to City of Renton standards. The plans, even though it is in Water District 90, need to also be submitted to the City of Renton for review. • All plats are required by City code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed single-family structure. This distance is measured along a travel route. Per the City of Renton Fire Marshal, if the proposed single-family structures exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. Additional fire hydrants will be required as a part of this project to meet this criterion. The fire hydrants must meet all current City of Renton standards. STORM DRAINAGE: • This project site is in the Honey Creek drainage basin. A conceptual drainage plan and drainage report shall be submitted with the preliminary short plat application for this project. The conceptual drainage plan is to include detention and water quality treatment for the fully built out short plat, including future houses, driveways and roadway improvements. The runoff from the new houses must be tight lined into the storm drainage system constructed for the preliminary short plat. The drainage plan is to be first designed per the 1990 King County Surface Water Drainage Manual to determine if detention is required. If detention is required then it shall be designed per the 2005 King County Surface Water Drainage Manual. This is a condition of the short plat. • There are storm drainage facilities in Hoquiam Ave NE fronting the site being developed. • The Surface Water System Development Charges of $759 per lot applies to the proposed project. The Development Charges are collected as part of the construction permit. STREET IMPROVEMENTS: • Projects that are 2 to 4 residential lots in size are required to provide half pavement width per standard with curb, gutter and a 5 foot sidewalk an the project size. • The new curb line in Hoquiam Ave NE frontage the parcel being developed shall be designed to be located 18' from the existing 60' right-of-way_ centerline. • Projects that are 2 to 4 residential lots in size are not required to install street lighting. • All lot corners at intersections of dedicated public rights -of -way, shall have minimum radius of 25 feet. • All new electrical, phone and cable services to the plat must be undergrounded. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the plat. Hoquiam & NE 5th St Short Plat Preanolication Page 3 The Traffic Mitigation Fee of approximately $750 per new lot shall be paid prior to issuance of the construction permit. GENERAL: • Ali required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. All plans shall be tied to a minimum of two horizontal and vertical control per the City's current horizontal and vertical control network. Additional information regarding detailed plan review will be provided at the time of formal application. • Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvement is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000_ Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. HOQUTAMNE58TSHPLPA CITY OF RENTON Planning/Building/Public Works MEMORANDUM DATE: February 16, 2006 TO: Pre -Application File No. 06-013 FROM: Valerie Kinast, Associate Planner, (425) 430-7270 SUBJECT: Doyea Short Plat General: We have completed a preliminary review of the pre -application for the above -referenced development proposal. The following comments on development and permitting issues are based on the pre -application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Zoning Administrator, Public Works Administrator, and City Council)_ Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall. Project Proposal: The subject property is located on the west side of Hoquiam Avenue NE, north of NE 5th Place, at 553 Hoquiam Avenue NE. The proposal is to subdivide the lot with a total of 14,374 square feet (0,33 acres) into two lots, for future development of an additional single-family residence. The property is zoned Residential — 8 dwelling units per acre. The proposed lots are 5,520 square feet and 7,960 square feet. Access to Lot 1 is proposed to remain from Hoquiam Avenue NE. Lot 2 would access from NE 5" PI- Zoning/Density Requirements: The subject property is located within the Residential - 8 dwelling units per acre (R-8) zoning designation. The density range required in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre (du/ac). A density calculation of the two -lot Doyea Short Plat was not submitted by the applicant. The net density would be approximately 6.67 dwelling units per acre after subtracting an estimated 1,250 sq. ft. from the 14,374 sq. ft. gross area of the parcel. This would fall within the permitted density range. Development Standards: The R-8 zone permits one residential structure / unit per lot, detached accessory structures are permitted at a maximum number of two per lot at 720 square feet each, or one per lot at 1,000 square feet in size. Minimum Lot Size, Width and Depth — The minimum lot size permitted in the R-8 is 4,500 square feet for lots greater than 1 acre in size and 5,000 square feet for lots 1 acre or less in size. A minimum lot width of 50 feet for interior lots and 60 feet for corner lots, as well as a minimum lot depth of 65 feet, is also required. The total area of the proposed subdivision is less than 1 acre; therefore the minimum lot size is 5,000 square feet. Lot 1 is proposed at 7,960 square feet and Lot 2 is proposed at 5,520 square feet, so both would meet the minimum lot size requirement. Both lots also meet the lot width and depth requirements. Building Standards — The R-8 zone allows a maximum building coverage of 35% of the lot area or 2,500 square feet, whichever is greater for lots over 5,000 square feet in size. Building height is restricted to 30 feet and 2-stories. Detached accessory structures must remain below a height of 15 feet and one-story. The gross floor area must be less than that of the primary structure. Accessory structures are also included in building lot coverage calculations. The existing house does not appear to exceed any of these limitations. Setbacks — Setbacks are the minimum required distance between the building footprint and the property line or private access easement. The required setbacks in the R-8 zone are 15 feet in front Doyea Short Plat Pre -Application Meeting February 16, 2006 Page 2 of 3 for the primary structure and 20 feet in front for the attached garage, 20 feet in the rear, 5 feet for interior side yards, and 15 feet for side yards along streets (including access easements) for the primary structure and 20 feet for side yards along streets (including access easements) for attached garages. The existing house does not meet the minimum side yard setback of 20 feet from a street for the attached garage. Because the short plat would not exacerbate this deficiency, no further action is required to correct it, and the short plat will still be possible. A covenant must be placed on the face of the plat, ensuring that future houses built on the site meet the setback requirements in place at the time the new house is built. The house built on Lot 2 must meet minimum setback requirements, which will be verified at the time of submittal for building permits. Access/Parking: Right-of-way dedication would be required along the NE 51h Place frontage. Street improvements would be required along the frontages to NE 5' Place and Hoquiam Ave. NE, Lot 1 would continue to be accessed from Hoquiam Avenue NE. Lot 2 would access from NE 5M Pl. Driveway slopes cannot exceed 15%, provided that driveways exceeding 8% are to provide slotted drains at the lower end of the driveway. If the grade exceeds 15%, a variance is required. llIandscaping: A 5 foot wide irrigated or drought resistant landscape strip is the minimum amount of andscaping necessary for a site abutting a non -arterial public street. A 5-foot landscape strip will be required in the right-of-way, where possible, and on the lots themselves where there is not enough space for the strip in the right-of-way. The tree requirement for short plats is at least two trees of a City approved species with a minimum caliper of 1 1/2 inches in the front yard or planting strip on every lot. The trees must be planted prior to building occupancy. A Conceptual Landscape Plan, showing the two trees per lot and the plantings in the five foot landscape strip, as defined in RMC 4-8-120D must be submitted at the time of application. A Detailed Landscape Plan will be required at submittal for final plat review. Critical Areas: There are no known critical areas on the site. If there is any indication of critical areas on the site, this must be disclosed to the City prior to development and appropriate studies must be undertaken. Consistency with the Comprehensive Plan: The existing development is located within the Residential Single Family (RSF) Comprehensive Plan Land use designation. The following proposed policies are applicable to the proposal: Land Use Element Objective LU-FF: Encourage re -investment and rehabilitation of existing housing, and development of new residential plats resulting in quality neighborhoods that: 1. Are planned at urban densities and implement Growth Management targets, 2. Promote expansion and use of public transportation; and 3. Make more efficient use of urban services and infrastructure. Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per acre in Residential Single Family neighborhoods. Policy LU-148. A minimum lot size of 5,000 square feet should be allowed on in -fill parcels of less than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500 square feet on parcels greater than one acre to create an incentive for aggregation of land. The minimum lot size is not intended to set the standard for density in the designation, but to provide flexibility in subdivision/plat design and facilitate development within the allowed density range. Policy LU-149. Lot size should exclude private sidewalks, easements, private road, and driveway easements, except alley easements. 06-013 Doyea SHPC. (R-8. 2-lot).dac Doyea Short Plat PFe-Appficatior "?eting February 16, 2006 Page 3 of 3 Policy LU-150. Required setbacks should exclude public or private legal access areas, established through or to a lot, and parking areas. Policy LU-152. Single-family lot size, lot width, setbacks, and impervious surface should be sufficient to allow private open space, landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. Policy LU-154. Interpret development standards to support new plats and infill project designs incorporating street locations, lot configurations, and building envelopes that address privacy and quality of life for existing residents. Community Design Element Policy CD-12. Infill development, defined as new short plats of nine or fewer lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. Policy CDA 3. Infill development should be reflective of the existing character of established neighborhoods even when designed using different architectural styles, and/or responding to more urban setbacks, height or lot requirements. Infill development should draw on elements of existing development such as placement of structures, vegetation, and location of entries and walkways, to reflect the site planning and scale of existing areas. Permit Requirements: Short plats are processed administratively within an estimated time frame of 4 to 6 weeks for preliminary short plat approval. The application fee is $1,000.00. The applicant will be required to install a public information sign on the property. Detailed information regarding the land use application submittal is provided in the attached handouts. Once preliminary approval is received, the applicant must complete the required improvements and satisfy any conditions of the preliminary approval before the plat can be recorded. The newly created lots may be sold only after the plat has been recorded. Fees: In addition to the applicable building and construction permit fees, the following mitigation fees would be required prior to the recording of the plat. A Transportation Mitigation Fee based on $75.00 per each new average daily trip attributable to the project; and, A Fire Mitigation Fee based on $488.00 per new single-family residence. A handout listing all of the City's Development related fees in attached for your review. Expiration: Upon preliminary short plat approval, the preliminary short plat approval is valid for two years with a possible one-year extension_ cc: Jennifer Henning 06-013 Doyca SHPL (R-8, 24ot).doc SE 1.12t11 Pl.— i SE 113th -e �E 51 .8 I� 10th St. _ _R,Q R`$ - �- 8 i _. SE 117th SE 118thr St. - U R 8 SE ` 12j 1st St. - - � I R M — F to LSE 124th i - R-8 A � . r b QD- — CA - G R ` jo x 4th St. R 4 R-4 $ CA � F6 - 15 T23N R5E E 1/2 �S Y L. Vl\ iNi7 - - - - a-ntoa L'il7 IaaJt� Q om"" 1.1�400 E 6 illuvw 10 T23N R5E E 1/2 5310 DEVELOPMENT SERVICES DIVISION QZVELOPMENiT lei WAIVE 4F SUBMITTAL REQUiF___�lENTS CITY its requirement may be waived by: Property Services Section Public Works Plan Review Section Building Section Development Planning Section FOR LAND USE APPLICATIONS MAR 1 PROJECT NAME: DATE: Q:IWEBlPMDEVSERVTormslPlanninglwaiverofsvbmittalregs_9-06.xls 09/06 DEVELOPMENT SERVICES DIVISION WAIVE )F SUBMITTAL REQUIR TENTS FOR LAND USE APPLICATIONS Parking, Lot Coverage & Landscaping Analysis 4 1 1 f 1 Plat Name Reservation 4 IPreapplication Meeting Summary 4 j 1 1 j Rehabilitation Plan 4 Site Plan 2AND 4 IStream or Lake Study, Supplemental 1 1 1 1 Street Profiles 2 y � .ate M S Topography Map 3 Tree Cutting/Land Clearing Plan 4 ' ' 1 1 Utilities Plan, Generalized 2 1 ° b2 CL � f jT ,�.j Wetlands Mitigation Plan, Preliminary 4 f 1 j 1 Wireless Applicant Agreement Statement 2 AND a Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND a Photosimulations 2AND 3 -his requirement may be waived by: �1 Property Services Section PROJECT NAME: �nu t'0. 5rsr-� Public Works Plan Review Section Building Section DATE: 1 10� Development Planning Section Q:IWEBlPOADEVSERVlForms0anninglwaiverofsubmitWIregs_M6.xls 09106 c'TF , =W1416;.j King County Water District No. 90 15606 South East 128th Street MAR 1 Renton, Washington 98059-4540 Phone:425-255-9600 %ZooF,. , 3r; Fax:425-277-4128 December 21, 2007 City of Renton Development Services 1055 S. Grady Way, I" Floor Renton, WA 98057 Re: Honey Brooke West This letter is to confirm that the water services for Doyea short plat wee included in the Honey Brooke West Developers Extension Agreement. The services for Doyea have already been stubbed. If you have any questions, please contact me at 425-255-9600. Sinc ely, Thomas N. Hoffman District Manager Cc: Tom Foster 20840 SE 118h Street Renton, WA 98059 Z:IGROUPOeveloper ExtensionsTedorniance Bonds\HoneyBrooke West - Doyea.doe I)OIrk, ',i NING Cl7Y C,F REJ J DENSITY MAR 1, J i1 WORKSHEET F I' City of Renton Development Services Division 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7234 f . Gross area of property: 1. ( `1 (0-7 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements" Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage 5. Number of dwelling units or lots planned: square feet square feet square feet 2. D 45 square feet 3. 97PJ square feet 4. a acres 5. 12— units/lots 6. Divide line 5 by line 4 for net density: 6. �° = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. RAPA'1DEVSE.RV\Furms\PJannin&ensity.duc Last updated: [ 1/08/20(A I DEVELOPmEN f CdTy OF RENTOi,� MAR 1 2 3^,3$ August 6, 2007 City of Renton Development Services 1055 South Grady Way Renton, WA. 98055 Attn: Arneta Henninger Re: Doyea Short Plat T� To Wham It May Concern: The Doyea Short Plat is a proposed TWO (2) LOT plat located at 553 Hoquiam Ave. NE. The proposed two lots are adjacent to the plat of Honey Brooke West. All frontage improvements on Hoquiam Ave NE, NE 5t' Place and utility hookups are complete per the Civil Plans approved by the City of Renton. Landscaping will be installed per the approved plan in place with Honey Brooke West. The current lot is 14,374 sq. ft. with the proposal to create two lots of 7960 and 5520 sq. ft. respectively. The existing house on the property will remain in it the present location. The house will still access from Hoquiam Ave. NE. Zoning is R-8 and both lots will exceed the minimum requirements for the development in this location. Utilities for both lots were provided by sewer and water connections from NE 5"' Place. Water is provided by KC Water District 90. We are requesting approval of the Doyea Short Plat with all improvements completed. A Waiver of the following requirements is requested as part of our submittal; 1. All Civil Plans as approved for Honey Brooke West as completed Item # 15 -- PLAT PLAN. 2. Landscape Plan to be approved as completed per Honey Brooke West Plat, Item # 16. 3. Geotechnical Report Item # 23 to be waived. 4. Grading Plan Item # 24 to be waived as completed. 5. Drainage Report- all street improvements along NE 5t' Place and Hoquiam Ave. NE and included in the current drainage analysis. Otherwise the additional improvements for one new house is under and is therefore exempt Item # 25 & 26. 6. The plat is not in a flood hazard area per plat approval of Honey Brooke West, Item # 27. 7. Street profile is completed. Request waiver of Item # 28. January 24, 2006 City of Renton Development Services Division 1055 South Grady Way Renton, WA. 98055 Attn: Laureen Nicolay Re: PRE,-APP, Doyea Short Plat To Whom It May Concern: Please find attached a request for a Pre -Application for a proposed Two Lot Short Plat referred to as the Doyea Short Plat. The property, located at 553 Hoquiam Avenue NE, is currently in the City of Renton. The Proposed short plat is located at the intersection of Hoquiam Avenue NE and NE 51h Place (adjacent to the approved Honey Brooke West Plat) and will share the same access road with Honey Brooke West (NE 51h Place) as the main entrance to the property. Proposed Lot 2 will access directly from NE 5`h Place as will the proposed lots in Honey Brooke West across the street. Lot 1, however, poses a different problem. The existing house entrance and attached garage faces and accesses directly onto Hoquiam Ave. N.E. There is a potential problem since the side of the existing house is only Seventeen feet from NE 51h Place proposed improvements. The driveway could be altered and curved north and access onto Hoquiam 20 feet north of the intersection. Otherwise, structural adjustments to the house would be required. Our proposal would be to alter the access onto Hoquiam Ave. NE. with a curved driveway. No other changes to the house would be required. Currently the property, a 14,374 sq. ft. lot, has an existing single family house which will remain. The two proposed lots will be; Lot 1, 7,960 sq. ft. with existing house and a new Lot 2, with 5520 sq. ft. (60 ft. by 92 ft.). Zoning is R-8 and both Lots will meet or exceed the required area and dimensions required under the R-8 Zoning regulations. Sewer and utilities to both lots would be from extensions along NE Sth Place. Water from KC Water District 90 will connect to a new main extension on the east side of Hoquiam Ave. NE. The property is currently served by Water District 90 and PSE. Road Improvements would require extension of the NE Sth Place road approved in the Honey Brooke West plat to a full 42 feet by adding six feet and additional paving for total added width of about seven feet. Frontage improvements along Hoquiam will include full paving, curb and six foot planting strip. Five foot Sidewalks behind the planter strip would match those improvements proposed by Honey Brooke West Plat. No other improvements are proposed as the increase in Impervious Services is under the threshold to require additional storm detention. However, I will request DR Strong review current storm capacity for the vault in Honey Brooke West. The Density Worksheet indicates that the proposed net density is 6.67 lots per net acre. The property does not meet the current guidelines for three lots. Both proposed lots are similar to other lots and properties being developed along the Hoquiam Corridor. If there are any, please contact Thomas Foster at 206-244-0122 or address letters to 6450 Southcenter Blvd, Suite 106, Seattle, WA. 98188. Thank you for your attention to this matter. Sincerely, Thomas Foster, Pres. Langley Venture Group, Inc. D6 - 3 T23N ME E 1/2 CQ E 112th Pl. -MAR,. � 2 200� R-8 SE R-8 SE R—S R.-8 ... -4 NE 1 oth St. R-B NE 1Oth St. .......... ................... .. R-8 R— R-4 SE 117th NE 9th St R-H R—Tw .., R- g NE 7th St. R—B R— R_g RM—F- SE 124h R-8 R-8cr w 6R-14 R- R-$ .. °' - ct C6 R-10 •• R-8 o R-8 R_ CA -� _ r co�. -4 R 10 CA � i. R-1 — R-4 R-4 z R-4 CA s R-1 � ;—;4 R-4 57 F6 - 15 T23N ME E 1/2 Y ZONING o . P E6 + ,�, MVICU 10 T23N ME E 1/2 5310 tl4�'1�C7 1� ZONING MAP BOnK 92 93 455 t 45661 74 459 B 1 B2 B ,B B6B7 0- 4M6 26 T24N 194E 25 T24N R4E 30 T24N.R5E �9.T24N R5 �8 T24N R5E. 27 T24N R5E 26 T24N R5E 81 94W 455W i457 ! 458 460 464 1 C2'3 4C511_ C6'---C,7 35 T24N R4E 36 T24N R4E 31 T24N R5E 32 T24N R5E` �i 4iV rj5J� - T dfv 35 _? 4N R5E 306 307 uxEw @8 309 3 , ti , 801 5 D 1 F f D3 ,,D4 D�&J.D7 2 T23N W I 23N H4E 6 T23N R5E T23N R5E 4 T23N R5E-,.ftr23N R5E I 2 T23N R5E 316 31 31_ 319 369 805 806 t _w 1 E2. 3 E4 E5� 7 11 T 3N,R4E 12 T23N R4E ❑ . T23N R5E B T23N R5E 9 T23N R5E T23N R5E 41 T2 N RSE 1 325\� 326 27 328: 370 110 8,0 } E F 1, 3,�,:. F4 F5 4 723N R4E 13 T23N R,IE 18 T23N. R5E 17 T23N R5E 16 T23N R5E T23N R5E _. 14 T23N R5E. 1 ik 334 w,,335 336 337. 371 4615,1 T 816 f G1 u i G3 4. 6 GT 3 723N R4E 24 T23N R4E 19 T23N R5E 20 T23N B5E 21 T23N T23N R5E 23 T23N R5E 2, 44 34 600 601 602 �0 821 E 1 p 3 H3 H6 H6 F 7. T23N NE 25T23 i 30 T23N R5E R5E 2S T23N R5E 27 T23N R5E 26 T23N R5E' 25 0351-- t 803 4 ,;. 605 825 826�:._ 8 n _T_1 .1 111 -f14 15;,,_,�.I...16.17' 3 E 36 T23N R4E e 31 T23N R5E 32 T23N R5E 33 T23N RSE 3 23N R5E 35 T23N R5E 3E 60�. 609' 610 32 833 8 4 R mtr ,6 1 J2 J3.., 22N R4E 1 T22N NE 6 T22N R5E 5 T22N R5E 4 T22N R5E 3 T22N R5E 2 T22N R5E 1 T2 RESIDENTIAL MIMD USE CENTER INDUSTRIAL RC Resource Conservation , EV Center Village lH Industrial - Heavy R-t Residential I du/ac lKN1 Urban Center - North 1 iH Industrial - Medium tz-< Residential 4 du/ac uc-R2 Urban Center - North 2 0. Industrial - Light u-8 Residential 8 du/ac 4+ +0 �Ii 'I. 7t'.S Z w a• y S I��a�pii Put �wa� RHH Manufactured Residential Homes *- m6'ciaiJBf[iee/Residential L ----- Renton City Limits R-la Residential 10 du/AC COMMERCIAL ------- Adjacent City Limits R-Residential 14 du/ac 0 Commercial Arterial* RR-F: Residential Multi -Family Ea 71 Commercial ❑ffiee• � Rook Pages Boundary Rh-7 Residential Multi -Family Traditional Er+ Commercial Neighborhood KPOtt PAGE RM-u Residential Multi -Family Urban Center* INDEX • May include overlay Districts. See Appendix PAGE# maps. For additional regulations in overlap Districta, please see RMC 4-3. seer OWN�AWE Printed by Print 4 ksiCity Pf Renton CI1 y OF s,ENrl- )�,ry 4�ILQ MAR i 41 ' 2008 A w r ► , Hat Am iertcan ride Intsrnra ro C=Pafir + 2101 Fourth Ave, Ste 800 HEC � y wl. t s • f !+ • Seatde, WA 981210 L', Firs` e ica Phn - (206)72 -W ($00)826-7718 Fax - Title Team One Fax No. (866) 904-2177 Pat Fullerton Colleen Franz Jennifer Salas (206) 615-3055 (206) 615-3050 (206) 615-3011 pfullertonafirstam.00m cfranz@firsum.com jsalasWirstam.wm Amy Garza Tina Kotas (206) 615-3010 (206) 615.3012 amprzaOffrstam.00m tkotas@flrstam.com To: Seattle Mortgage Company File No.: 4209-947212 6450 Southcenter Blvd Ste 106 Your Ref No.: Seattle, WA 98198 Attn: Tom Foster Re: Property Address: 553 Hoquiam Avenue NE, Renton, WA 98059 Supplemental Report 1(to 2nd Report) Dated: September 27, 2007 at 8:00 A.M. Cammidnent/Prellminary Report No. 4209-947212 dated as of July 18, 2007 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Commitment/ Preliminary Report dated 07/18/2007 at 7:30 a.m. except as noted below: None First American Title 1nsurancte Company By. Jennifiersalas for Pat Fullerton, Title Baer cc: Seattle Mortgage Company Page 1 of 1 Forrn No, 1068-2 ALTA Plain Language Commitnnent mihment No.: 42R9-947232 Page 1 of 9 C* ` z First American �z< Title Team One Fax NO. (866) 904-2177 Pat Fullerton Colleen Franz (206) 615-3055 (206) 615-3050 pfullerton0first3,n,com cfmnz0firstam.cwn Amy Garza (206)615-3010 amgamofirstam.com To: Seattle Mortgage Company 6450 Southcenter Blvd Ste 106 Seattle, WA 98188 Attn: Tom Foster AztA4merican Of fe Zrourance Company 2101 Fourth Aye, Ste 800 Seattle, WA 98121 Phn - (206)728-04M (800)826-77i8 Fax - Jennifer Salas (206) 615-3011 jsalas@firstarn XM Tina Kotas (206) 615-3012 t#otas@firstam.corn Re: Property Address: 553 Hoquiarn Avenue NE, Renton, WA 98059 COMMITMENT FOR TITLE INSURANCE File No.: 4209-947212 Your Ref No.: issued by FIRSTAMERICAN 7ME INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy arnount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this.ComMitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The General Exceptions and Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. First Aqmvxm MW Form No. 1068-2 ALTA Plain language Comrni4nent imitment No.; 4209-947212 Page 2 of 9 SECOND REPORT SCHEDULE A 1. Commitment Date: July 18, 2007 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT PREMIUM TAX General Schedule Rate Standard Owner's Coverage $ 550,000.00 $ 1,127.00 $ 100.30 Proposed Insured: Harbour Homes, Inc. Simultaneous Issue Rate Extended Mortgagee's Coverage $ To Follow $ To Follow $ To Follow Proposed insured: To Follow 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vested in: Clinton Thomas Foster, as his separate estate 4. The land referred to in this Commitment Is described as follows: Real property in the County of King, State of Washington, described as follows: The East half of the fallowing described property: The Southeast quarter of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Mange 5 East, W.M., in King County, Washington; EXCEPT the North 67 feet AND EXCEPT the East 30 feet thereof, conveyed to King County for road by Deed recorded under Auditor's File No. 3065639. APN: 102305921201 x StAM&*an TA* Form No. IW-2 ALTA Plain Language Commitrnerrt im&rowt No_: 4209-94721.2 Page 3 of 9 SCHEDULE s SECTION I REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts For the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reoanveyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE R SECTION II GENERAL EXCEPTIONS PART ONE: A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining dalms; (B) Reservations or exceptions in patents or in Acts authonzing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, Installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgages) thereon covered by this Commitment. FrrstAmerican Me Form No. 1%8-2 AJA Plain Language Commitmea vntnent No.: 4209-947212 Page 4 of 9 SCHEDULE B SECTION I1 EXCEPTIONS PART TWO: Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78 46. Levy/Area Code: 2146 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. 2. General Taxes for the year 2007. The first half becomes delinquent after ApdJ 30th. The second haif becomes delinquent after October 31st. Tax Account No.: 102305921201 1st Half Amount Billed: $ 1,207.66 Amount Paid: $ 0.00 Amount Due: $ 1,207.66 Assessed Land Value: $ 106,000.00 Assessed Improvement Value: $ 112,000.00 2nd Half Amount Billed: $ 1,20T65 Amount Paid: $ 0.00 Amount Due: $ 1,207,65 Assessed Land Value: $ 106,000.00 Assessed Improvement Value: $ 112,000.00 3. Delinquent General Taxes for the year 2006 . Tax Account No.: 102305921201 1st Half Amount Billed: $ 773.41 Amount Paid: $ 773.41 Amount Due: $ 0A0, plus interest and penalty 2nd Half Amount Billed: $ 1,567.99 Amount Paid: $ 0.00 Amount Due: $ 1,567.99, plus interest and penalty ArV Ama*an MLI Form No. IOU-3 ALTA Plain language Commit*nerrt )mitrmnt No.: 4209-947212 Page 5 of 9 4. Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing and the terms and conditions thereof: Trustor/GranbDr: Clinton Thomas Foster, a married man as his separate estate Trustee: First American Title Insurance Company, a corporation Beneficiary: 5eattEe Savings Bank, a Washington bank corporation Amount: $350,000.00 Dated: February 27, 2006 Recorded: March 03, 2006 Recording No.: 20060303001923 S. Judgment. In Favor of: Michael Dooley and Linda Dooley Against: RAL Development & Venture Co, Thomas Holliday, Kathleen Holliday and Thomas C Foster Amount: $132,609.33 , together with interest, costs and attomeys' fees, if any Dated: May 25, 2006 Filed: May 25, 2006 Judgment No. (it applicable) : 06-9-18893-0 Case/Cause No.: 02-2-07731-5 Attorney for Judgment Creditor: Undisclosed Said judgment was recorded on June 13, 2005 under recording no. 20050613001049. According to the public records, the beneficial interest under the deed of bust was assigned to Langley Venture Group by assignment recorded 3une 06, 2006 as 20060606000689 of Official Records. 6. Judgment. In Favor of: Washington First Int'I Bank Against: C. Thomas Foster and Maryi Foster Amount: $1,445,226.46 , together with interest, costs and attorneys' fees, if any Dated: May 30, 2007 Filed: May 30, 2007 Judgment No. (if applicable) : 07-9-16344-7 Case/Cause No.: 06-2-35218-1 Attorney for Judgment Creditor: Michael Joseph Gearing 7. Judgment. In Favor of: Washington First Int'I Bank Against: C. Thomas Foster and Mary[ Foster Amount: $266,929.70 , together with interest, costs and attorneys' fees, if any Dated: May 30, 2007 Filed: May 30, 2007 Judgment No. (if applicable) ; 07-9-16345-5 Case/Cause No.: 06-2-35218-1 Attorney for Judgment Creditor: Michael Joseph Gearing F#StAmeman Tide Form No. IMS-Z ALTA Plain Language Commitment ro''bTient No.: 4209-947212 Page b of 9 Easement, including terms and provisions contained therein: Recording Information: - 4267252 For: Right of way and utility line 9. The terms and provisions contained in the document entitled "Seller's Notice of On -Site Sewage System Operation and Maintenance Requirements" Recorded: March 03, 2006 Recording No.: 20060303001920 10. Easement, including terms and provisions contained therein: Recording Information: 2€10070322OW371 In Favor of: For: Puget Sound Energy, Inc, Utilities AWArn&hi ? %t* Form No. IM-2 nmitment No.: 4209-947212 ALTA Plain Language Commitment Page 7 of 9 INFORMATIONAL. NOTES A. Effective 3anuary 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title eammitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. the description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Section 10, Township 23 North, flange 5 East of SETA, NWV4, SWIA, SE'/4 APN: 102305921201 D. The following deeds affecting the property herein described have been recorded within 24 months of the effective date of this commitment: 20060303001921 and 20060303001922 E. According to tine application for title insurance, title Is to vest in Harbour Homes, Inc.. All matters regarding extended coverage have been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owners standard coverage policy to be issued. Property Address: 553 Hoquiam Avenue NE, Renton, WA 98059 fnstAff"k n TWO Form No, 1068-2 ALTA Plain language Commitment vnitment No.. 4209-947212 Page 8 of 9 CONDITIONS 1. DEFINITIONS (a)°Mortgage" means mortgage, deed of trust or other severity instrument_ (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. we shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule 8 to show them. If we do amend Schedule 8 to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment;, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section I or eliminate with our written consent any Exceptions shown in Schedule B - Section H. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the tithe to the land must be based on this commitment and is subject to its terms. Fffs(Amawan 7-We Rrst'Ad7l"Agm T fItIEZmvrance Company 2181 Fourth Ave. Ste 800 l �1 �7t l i3Jt a iCt�:Rls Phn - (246)728-04M (800)826-7716 121 `' 441� Fax - � Jr Pat Fullerton (206)615-3055 pfWierton@firstam.com Amy Garza (206)615-3010 amgarxa9firstam.com To: Seattle Mortgage Company 6450 Southcenter Blvd Ste 106 Seattle, WA 98188 Attn: Tom Foster Title Team One Fax No. (866) 904-2177 Colleen Franz (206)615-3050 ciranzaTirstam.com Jennifer Salas (206) 615-3011 }saias&ir=m.com Tina Kotas (206)615-3012 tkotas@firsmm.com Re: Property Address: 553 Hoquiam Avenue NE, Renton, WA 98059 File No.: 4209-947212 Your Ref No.: Supplemental Report 1(to 2nd Report) Dated: September 27, 2007 at 8:00 A.M. Commitment/Preliminary Report No. 4209-9472.12 dated as of July 18, 2007 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Comm itment/Preliminary Report dated 07/18/2007 at 7:30 a.m. except as noted below: None First American Title Insurance Company By. Jennifer Salas for Pat Fullerton, Tltle Officer cc: Seattle Mortgage Company Page 1 of 1 Form No. 1068-2 ALTA Plain Language CamrNtment imitment No.; 4209-947.212 Page 9 of 9 �4• �G .first American PRIVACY POLICY We Are Committed to Safeguarding Customer Information FiMAlmer caa riOf *Dwane Camnany 2101 F=l:h Ave, Ste 800 Seattie, WA 98121 Phn - (206)728-04W (800)826-7718 Fax - In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information, We agree that you have a right to know how we will utilize time personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern out use of personal information regardless of its source. First American calls these guidelines its FairInfnmtaAbn values, a copy of which can be found on our website at m�ww.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also prcMde all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all time information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We well use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fairtnformabkw Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations W guard your nonpublic personal information. U 2001 The Fiat Anedcan Corporation • All Rights Reserved First A mem,w TV.- 2D070322OM371,001 REnm Aa�ss: Puget Sound Energy, Inc. Attu, ROW Departrawt PO BOX 90wa EST-MW BELLEVUE, WA 98009 ATTN ; K. MCGILL ORIGINAL EASEMENT 4EFERENCE It: GRANTOR: CLINTON THOMAS FOSTER GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: tt SE A SECTION 10, TOWNSHIP 23 NORTH, RANGE 05 EAST ASSESSOR'S PROPERTY TAX PARCEL: 1023054OW atuZ . For and in Consideration of One OoAar (51,00) and other Valuable aonWderetion in hand paid, CUNTON THOMAS FOSTER A MARRIED MAN AS HIS SEPARATE ESTATE CGran.W herein), hereby conveys and warrants b PUGET SOUND ENERGY, INC., a Washington Corporation C'GrarttW herein), for the purposes hereinafter set forth, a nonexcluslve perpetual easement over, under, along across and through the folkwAng described real property ("Property herein} In IONG County, Washington_ THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE. NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANtiE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 67 FEET; AND EXCEPT THE EAST 30 FEET THEREOF, CONVEYED TO WNG COUNTY FOR ROAD BY DEED RECORDED UNDER AUDITOR'S FILE NO.3005639. Except ay may be otherwise sett forth herein Grantee's rights shall W exercised upon that potion of the Properly ("Easement Area' herein) described as follows: THE EAST 10 FEET OF THE ABOVE DESCRIBED REAL PROPERTY. 1 _ Purpose. Grantee shaft have the right to use the Easement Area to construct, operate, maintain, rup&, replace, Improve, remove, and enlarge one or more utility systems for purposes of transrrisslon, distribullim and sale of electricity. Such systems may include, but are not limited to: a. Overhead facilties. Poles, lowers and otter soppart structures vrlth cirmarms, braces, guys and anchors; electric transmission and distrbbution Ines; fiber optic cable and other lines, cables and facilities for communications, trareforrrters, street NW meters, fixtures, attachments and any and all other facilities orappurtenarrm necessary or convenient to any or all of the foregoing; and. b. Underground facili ". Conducts, Anew, cures, vaults, switches and transfomrem for eteclricity; fiber optic o" and other lines, cables and inclines for communications; semi -buried or ground-rnounted Wf lies and pads, manholes, meters, fixtures. attachments and any and all other facilities or appurtenances necessary or convenlard to arty or all of the foregoing. Fo[IoMng the initial Construction of all Cr a portion of its systems. Grantee may, from time to time, wnstrud such additionnt facilities as It may require far such systems. Grantee shall have the right of access to the Easement Area over and across the Property GD enable Grarrfee to axerciso its rights hereunder. Grantee shall compensate Grantor for any damage to the Properly caused by the exercise of such right of access by Grantee. 7- Easement Area Clearing and Matrrtanance. Grantee shall have the right to out. remove and dispose of arty and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to rantrol, oat a continuing basis and by any prudent and reasonable means, the eirtabiftbrrent and growth of brurh, tress or other vegetation in the Easemem Area. 3. Trees Outside E:asernertt Area. Grantee shall have the right to cut, trim, remove and dispose of any trees located on the Property outside the Eas&Twd Area that Could, in Grantee's sole judgment, inlerfers with or Creche a hazard to Grantee's system- Grantee shall. poor to the exercise of such right, iderdffy such trees and rrmko a reasonable offorl to give Grantor prior notice that such trees win be art, trimmed, removed or disposed of (except that Grantee shall have no obligation to Identify such from or give GmrrW such prior notice when Ire&& are out, trimmed, removed or otherwise disposed of In response to amargsncy conditions). Crantar &hail be entitled to no compensation for trees rut, tri med, removed or disposed of except for the actual market value of merdwtab% timber {If"cud and removed from the Property by Grantee. BMSE T kx Nei RWILIRED HONEYBROOKE WEST lit�Rawdfi RW-063114 MZZ Page 1 of 2 ,Y�-•-- i� n' 20070322001371J002 4, Grantor'a Ilea of Easement Area. Grantor reserves the right to use the Faserrrent Area for any purpose not Intmsistent with the rights herein granted, provided, however. Grantor shaft not construct or maintain any buildings, structures or other obf acts on the Easement Area and Grantor shall do no blasting witrW 300 feet of Grantee's facillttea without Grantee's prior written consent. S. Indemnity. Grantee agrees to Indemnify Gwrlor frvm-sind against liability Incurred by Grantor as a result of Grantee's negligenoo in the exercise of the rights herein granted to Grantee, but nothing heroin shall require Grantee to indemnity Grantor for Onat pm*n of any such liability attrMuhahle to the rsegligenoe of Grantor or the negligarm of others. G. Abondorwnarrt. The rights herein granted" corrirm. until such tkne as Grantee ceases to use the Easamerd Area for a period of five (5) sucaesalve years, in which event, this easernant shall terminate and all rigto hereunder, and any Improvements remaining in fha Easernern Area, shall revert to ar otherwise beeame fire property of Grantor provided, hewmer, that no abant1wrnent shall be deemed to have ocairred by ro=on of Grarttee's failure to initially install ifs systems on the Essernent Area within any period of tuna from the date hereof_ 7, Succes"m and Assigns. Grantee shall have the right to assign, apportion or otherwise tranafer any or ail of its rights, beoefita, privileges and interests arising In and under this easement. Without limiting the generality of Hta foregoing, the rlgtrfs and obigatlons of the partias shall inure to Ute benefit of and be binding upon their rospecrive successors and assigns. • or _5'•� GRANTOR BY: ' CliNTOR THOU"OS R MAN AS HIS SEPARATE ESTATE STATE OF WASHINGTON ) ) SS COUNTY OF a On this day of , 2007, before me, a Wary Public in and for the State of Washington, duiycommisstoned and sworn, personally appeared CUNTON THOMAS FOSTER, to me known to be the individual(s) who executed the within and foregoing instrument, and acknowledged that ho signed the same as_ free and voluntary ad and deed for the uses and purposes therein mentioned: G IVEN UNDER my hand and of5clal goal hereto aStted the day and year in this carlificate first above written. NWARY PVSK (Signature of Notary) STATE OF WASFUNCTON GERA WMITAKEA MyAppotnonem F wmn May 24, 2010 (Print or stamp name of Notary) - NOTARY PUBtJC in and for the ats of Washington, residing M NIy Appointment Expires; Ndwy sEN Ian Yd s1,40 1 1» ~d "M 1' —Vv HONEIBROOKE WEST RW-06311A Pape 2 of 2 7.-y _ _ i? ,�, a ,z _' �+Y, rx� � ✓'`4�" a . . T a � I �� . I ri 1 ; f .L h1 RY r� r1'`"• �1 •-f+al�• - '•� -mac � - - ,y yyK-yppy r - off UM CI r ,iiisL+O�� ,lCfud x' .tit t�: a3' i7sl ! } e_. ma^s, F "• s is -LR .jiik••. ]fi3 'f—fir -+ r x• - - � ; , Fa �a o �s i�arir, amp •e��+�` ��: e ac fc+l user ;. iieK,§ribelt-far ttrr �i oji. q .� T �f`�t . u r �►'ti .� �,�..'-� t �1'kt � 'I1.*laa,.. e�ltd :�3Fop�i�Ly , Alk�i�S 9q,��3.�,t+a�.:� _': • 'i!a!►��'].5 ret#nt the �� 1�4�{�u, ��L pf ..�s '� �'7 °~. f ' •�' DC 4'•1�8 -C �►Gily. i ., , •gs'.1WtlOs IC; f0�..ahir €.!. °,•. kan�€0 S,.-E. �,.�r la6ai, -� � . -t: - Msit• �?�.�Q_ �le�' 7F�i�x��v.4C� .l+t� 3,e�s: GO�t� ]p�aQ. t .thli �la7 =af . ucust; 196t .,w .T rl �., RACitlad, a aq pssi'x1i fit. �s� x #s . ikw lbY ast 1P:' Est on'I'D - ,.._ _ � ..._.�'irvi.iu►4:..:__,flSti-nY1a�>n2F�lE�:'i�r:r-- _ )1 AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 DEVELOPMENT P1_^„`_ , Phone: 425-430-7200 Fax: 425-430-7231 C+ T, QF STATE OF WASHINGTON } MAR r 2 } RECs� COUNTY OF KING } 94F- , being first duly sworn on oath, deposes and says: 1. On the t D day of , 20C , , I installed public information sign(s) and plastic flyer box on the property located at L . for the following project: S 73 !.^ ice. Mc 2iae yC -- roject name _� 5r Owner Name 2. 1 have attached a copy of the neighborhood detail map marked with an ' K" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with the requirements of Chapter 7 Title 4 of Renton Municipal Code and the City's "Public Inform Installation" handout p a nstaller Si ature SUBSCRIBED AND SWORN to before me this l 2-- day of 1WX vvK , 20 0 $ \-ES x- -`G'�a45gFQi�' +, 0T NOTAPZY PUrand for the State of Washington, residing at My commission expires on H:1FormslPlanninglpubsign.doc - 3 - 03/08 a PROPOSED LAND USE ACTION D ------ Type of Action: (Provided by Applicant) ISITE TRAP � Project Name; (Provided byApplicanl) € LaminataC € c Site Address: (Provided by App&canl) Installed by ApphC-anl TO SUBMIT COMMENTS OROBTAIN ------------------ ADD fTiONAL INFORMATION PLEASE o CONTACT CITY OF RENTON STAFF AT. e Devalopment Services Division I Space i 1055 South Grady Way i reserved for PLASTIC ! Renton, Washington 98D55 City provided 1 BASE (425) 430 7F(10 PUBLIC i iastalfed by CIS NOTICE ; applicant Please reference the projed number. 11 no 8 5' x 14 q number is listed reference t[ie lvojed nacre. a ins allPr Tr t.rtrckiurs: Plense ensure the boticm of the sign does not exceed 48' frcr: the <ircund. m s i i 1 i i 9.*f , W, NOTeS: r Use 4` x 4" x 12' POSTS G Use 4' x El' x I! 2' PL"VOG'D Use 1,'2- x 3" GALV. LAG DOLTS_ WfWASHaRS LETTERING: Use HELVETIGA LET € ERING, ? BLACK ON WHITE BACKGROUND, afi 4' j TITLE 3" ALL CAPS i OTHFR 1 1{2" CAPS anc V LOWER CASE H:1FonnsT1anninglpubsign.doc - 4 - 03AA CITY OF "NTON 1055 S. Grady Way Renton, WA 98055 - - -- - - PLANINING Printed: 03-12-2008 5!1 Land Use Actions MAR f r ')-' RECEIPT RECEIv Permit#: LUA08-020 Payment Made: 03/12/2008 01:53 PM Receipt Number: R0801178 Total Payment: 1,000.00 Current Payment Made to the Following Items: Payee: STURGAS AVENUE LLC Trans Account Code Description Amount 5008 000.345.81.00.0004 Binding Site/Short Plat 1,000.00 Payments made for this receipt Trans Method Description Payment Check 1123 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 000.245.81-00-0007 Environmental Review 5011 000.345.81.00.0008 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.B1.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.34.5-81.00-0015 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/RTS/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 000.231-70-00-0000 Tax Remaining Balance Due: $0,00 Amount 1,000.0o Balance Due .00 .00 00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 -00 -00 .00 .00 -00 0 0 ; Q C) Z �--- 0 Q � U I(._, V i 0 V) w0 F- 0z Ld 1r CL N �T F+�I O cn 16. U CL L) c, CT, q 0 CL q v8 2 O J d o a x lu I I I � I w a Im A PORTION OF THE SW 1/4 OF THE SE 1/4 OF SECTION 10, TOWNSHIP 23 N, RANGE 5 EAST, W.M. REC//4267252 -_- — SHORT, PLAT INFORMATION: TOTAL AREA: 0.34 ACRES PROPOSED NUMBER OF LOTS: 2 ZONING: R-8 R/W TO BE DEDICATED: 1,045 SQ. FEET PROPOSED NET DENSITY: 6.4 LEGAL DESCRIPTION: EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M,, KING COUNTY, WASHINGTON; EXCEPT THE NORTH 67 FEET SECTIONAND EXCEPT THE EAST 30 FEET THEREOF, CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER AUDITOR'S FILE NO. 3065639. OWNER: NOTE: EXISTING UTILITY LOCATIONS SHOWN HEREON ARE APPROXIMATE ONLY. IT SHALL BE THE CONTRACTOR'S RESP❑NSIBILITY TO DETERMINE THE EXACT VERTICAL AND HORIZONTAL LOCATION OF ALL EXISTING UNDERGROUND UTILIITES PRI❑R TO C❑MMENCING CONSTRUCTION. NO REPRESENTATION IS MADE THAT ALL EXISTING UTILITIES ARE SHOWN HEREON. THE ENGINEER ASSUMES NO RESP❑NSIBILITY FOR UTILITIES NOT SHOWN OR UTILITIES NOT SHOWN IN THEIR PROPER LOCATION. CALL BEFORE YOU DIG.- 1-800-424-5555 W SEg�TH NE 24 T S PL w z d vo a G~ Z IV a z ItF 12TH ST W rt 4 NE 10TH ST 4 5E 1161h ST W _J a Q Labi NE PROJECT Lli a LOCATION � 0 3 sl 7 d 0 u NE 4T ST Ld SE i 128TH S CLINTON THOMAS FOSTER, AS HIS SEPARATE ESTATE 6450 SOUTHCENTER BLVD. SUITE 106 SEATTLE, WASHINGTON 98188 SURVEYOR: MEAD GI LM AN & ASSOC. 17625 - 130TH AVENUE NE SUITE 104 WOODINVILLE, WASHINGTON 98072 ENGINEER0 : OFFE ENGINEERS, PLLC 13932 SE 159th PLACE RENTON, WASHINGTON 98058-7832 VICIN17 Y MAP GRAPHIC SCALE 0 10 20 40 1 inch = ZO feet RECOMMENDED FOR APPROVAL By: Date: By: Date: By: Date: By: Date: U U ro-! �ffi-lmm z O a. 0� U w 0 z 15 CL W H H z W z o U z o w w J CL U U3 DATE 08/20/2007 JOB NC.rryOF F;p,, ,"NllVr, r lrr�]�- DwG Ny'M 3J 7nno OF 5' WIPTH LANP5CAl 5 1� 43 } _.. a... ........... _.:.......... - - �........r . : • � i f l• 1 - .......�.'_: -.........»_. �.....�. ....__....... ter.:.... .....:.r. 1�51MAT�P XWWAY LOCATION, APJU5f LANDSCAPING A5 N�C�55ApY ANP5CA9� PLAN 5c& � 111 --- 20'-0 '' 5' WIPTH LANn5CAP� 5TV p W V GFOUNP COV�V ....,.. ....... 1111177' ........... .............::::.._ . :....:..v.. �5TIMAtP PFIVI WAY LOCATION, APJU5f LANP5CAPNG A5 4C�55AFY �ANP5Cff F NOt5 1. CONTRACTOR SHALL BE RESPONSIBLE FOR FAMILIARIZING THEMSELVES WITH ALL OTHER SITE IMPROVEMENTS AND CONDITIONS PRIOR TO STARTING LANDSCAPE WORK. 2. CONTRACTOR SHALL USE CAUTION WHILE EXCAVATING TO AVOID DISTURBING ANY UTILITIES ENCOUNTERED. CONTRACTOR IS TO PROMPTLY ADVISE OWNER OF ANY DISTURBED UTILITIES. LOCATION SERVICE PHONE 1-800-424-5555 3. CONTRACTOR SHALL MAINTAIN AND WATER ALL PLANT MATERIAL FOR 1 YEAR OR UNTIL FINAL INSPECTION AND ACCEPTANCE BY OWNER. 4. CONTRATOR SHALL BE RESPONSIBLE FOR COMPUTING SPECIFIC QUANTITIES OF GROUND COVERS AND PLANT MATERIALS UTILIZING ON -CENTER SPACING FOR PLANTS AS STATED ON THE LANDSCAPE PLAN AND MINIMUM PLANTING DISTANCES AS SPECIFIED BELOW IN THESE NOTES. 5. CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING THE QUANTITIES OF PLANTS THAT ARE REPRESENTED BY SYMBOLS ON THE DRAWINGS. 6. SUBGRADE IS TO BE WITHIN 1/10" OF ONE FOOT AS PROVIDED BY OTHERS. ALL PLANTING AREAS TO BE CLEARED OF ALL CONSTRUCTION MATERIAL AND ROCKS AND STICKS LARGER THAN 2" DIAMETER. 7. 4" DEPTH NEW TOPSOIL IN NEW BEDS SHOWN. ROTOTILL INTO TOP 6" OF SOIL. 8. ALL BEDS TO RECEIVE A MINIMUM OF 2" FINE FIR BARK. 9. ALL PLANT MATERIAL SHALL BE FERTILIZED WITH AGRO TRANSPLANT FERTILIZER 4-2-2 PER MANUFACTURER'S SPECIFICATIONS. 10. ALL PLANT MATERIAL SHALL CONFORM TO AAN STANDARDS FOR NURSERY STOCK, LATEST EDITION. ANY REPLACEMENTS MADE AT ONCE. A. GENERAL: ALL PLANT MATERIAL FURNISHED SHALL BE HEALTHY REPRESENTATIVES, TYPICAL OF THEIR SPECIES OF VARIETY AND SHALL HAVE A NORMAL GROWTH HABIT. THEY SHALL BE FULL, WELL BRANCHED, WELL PROPORTIONED, AND HAVE A VIGOROUS, WELL DEVELOPED ROOT SYSTEM. ALL PLANTS SHALL BE HARDY UNDER CLIMATIC CONDITIONS SIMILAR TO THOSE IN THE LOCALITY OF THE PROJECT. B. TREES, SHRUBS, AND GROUND COVER: QUANTITIES, SPECIES, AND VARIETIES, SIZES AND CONDITIONS AS SHOWN ON THE PLANTING PLAN. PLANTS TO BE HEALTHY, VIGOROUS, WELL FOLIATED WHEN IN LEAF. FREE OF DISEASE, INJURY, INSECTS, DECAY, HARMFUL DEFECTS, AND ALL WEEDS. NO SUBSTITUTIONS SHALL MADE WITHOUT WRITTEN APPROVAL FROM LANDSCAPE ARCHITECT OR OWNER. 11. NO PERMANENT IRRIGATION SYSTEM IS PROPOSED. TREES LOCATED ON THE PROPOSED LOTS WILL BE IRRIGATED BY FUTURE HOMEOWNERS. LANDSCAPE STRIP PLANT MATERIAL IS CONSIDERED 100% DROUGHT TOLERANT AND SHALL BE PROVIDED TEMPORARY IRRIGATION FOR THE FIRST TWO (2) YEARS. 12. HOME BUILDER SHALL BE RESPONSIBLE FOR INSTALLING PROPOSED LOT TREES UPON COMPLETION OF THE PROPOSED HOMES. STREETSCAPE PLANT MATERIAL SHALL BE INSTALLED BY DEVELOPER. NOt5 APPLY TO �1 ANP 10' LiANP5GAP� PUFF�P\5 A5 5HOWN ON LMP5GAP� TAN NOPUN PLANT 1 " HIG IN NURSERY FINISH GRADE PLANT 5GHFPUL� DOfAN I CAL NAME COMMON NAME QTY 51 ZF P, f MAf?K5 5bl rax japonica Japanese 5nowbeI I 1.51' cal Full and Matchinq Detula jacquemonti Jacq•ucmonti i 1 irch I 15 I I cal Full and Match inq Fraxinus oxUcarpa ' I\al wood' Ash 7 1.5 cal Full and Matching Cercidiphglim japonicum Kat5ura 1 1.5 cal Full and Matching Cornu5 5p, Pink Flowerinq Pogwbbd I 1.5' I cal Full and Matchinq 2 fOfA. LOf5 X 2 LOf MINIMUM- 4 TP,,�F5 PFOUI\,�9 4 ifp\��5 PpoVt)�a 5HP\05 ANP 6F\0UW GOV�P\ (a Viburnum davidii pp C�stus h�bridus ,'• ArctoStaphullos uua-ursi 'RUNE DISEASED AND 3ROKEN BRANCHES ZEMOVE TOP 1 /3 OF BURLAP ?-"SETTLED DEPTH OF SPECIFIED MULCH ERTILIZER TABLETS/SPECS SPECIFIED AMENDED BACKFILL COMPACT AND WATER THOROUGHLY _IRM NATIVE SOIL MOUND 5HF\U� P ANTIN6 ANP 51"AKING P TAI � NOT TO SCALE bavid Viburnum 21 1 gallon Full and Matchinq Pockro5e 17 2 gallon Full and Matching Kinnikinnik 190 I allon q Full and Matchin / Play 50' I o'c, q YAP\P V�F I.ANP5GAPF NOTES 1. HOME BUILDER SHALL BE RESPONSIBLE FOR FAMILIARIZING THEMSELVES WITH ALL OTHER SITE IMPROVEMENTS AND CONDITIONS PRIOR TO STARTING LANDSCAPE WORK SHOWN ON THIS PLAN. 2. HOME BUILDER SHALL USE CAUTION WHILE EXCAVATING TO AVOID DISTURBING ANY UTILITIES ENCOUNTERED. HOME BUILDER IS TO PROMPTLY ADVISE OWNER OF ANY DISTURBED UTILITIES. LOCATION SERVICE PHONE 1--800-424-5555 3. HOME BUILDER SHALL BE RESPONSIBLE FOR COMPUTING SPECIFIC QUANTITIES OF GROUND COVERS AND PLANT MATERIALS UTILIZING ON -CENTER SPACING FOR PLANTS AS STATED ON THE LANDSCAPE PLAN AND MINIMUM PLANTING DISTANCES AS SPECIFIED BELOW IN THESE 'A0TES. ""z`' 4. HOME BUILDER SHALL BE RESPONSIBLE FOR PROVIDING THE QUANTITIES OF PLANTS THAT ARE REPRESENTED BY SYMBOLS ON THE DRAWINGS. 5. SUBGRADE IS TO BE WITHIN '1/10" OF ONE FOOT AS PROVIDED BY OTHERS. ALL PLANTING AREAS TO BE CLEARED OF ALL CONSTRUCTION MATERIAL AND ROCKS AND STICKS LARGER THAN 2" DIAMETER. 6, ALL PLANT MATERIAL SHALL BE FERTILIZED WITH AGRO TRANSPLANT FERTILIZER 4-2-2 PER MANUFACTURER'S SPECIFICATIONS. 7. ALL PLANT MATERIAL SHALL CONFORM TO AAN STANDARDS FOR NURSERY STOCK, LATEST EDITION. ANY REPLACEMENTS MADE AT ONCE. A. GENERAL: ALL PLANT MATERIAL. FURNISHED SHALL BE HEALTHY REPRESENTATIVES, TYPICAL OF THEIR SPECIES OF VARIETY AND SHALL HAVE A NORMAL GROWTH HABIT. THEY SHALL BE FULL, WELL BRANCHED, WELL PROPORTIONED, AND HAVE A VIGOROUS, WELL DEVELOPED ROOT SYSTEM. ALL PLANTS SHALL BE HARDY UNDER CLIMATIC CONDITIONS SIMILAR TO THOSE IN THE LOCALITY OF THE PROJECT. B. TREES, SHRUBS, AND GROUND COVER: QUANTITIES, SPECIES, AND VARIETIES, SIZES AND CONDITIONS AS SHOWN ON THE PLANTING PLAN. PLANTS TO BE HEALTHY, VIGOROUS, WELL FOLIATED WHEN IN LEAF. FREE OF DISEASE, INJURY, INSECTS, DECAY, HARMFUL DEFECTS, AND ALL WEEDS. NO SUBSTITUTIONS SHALL MADE WITHOUT WRITTEN APPROVAL FROM LANDSCAPE ARCHITECT OR OWNER. 8. NO PERMANENT IRRIGATION SYSTEM IS PROPOSED. TREES LOCATED ON THE PROPOSED LOTS WILL BE IRRIGATED BY FUTURE HOMEOWNERS. LANDSCAPE STRIP PLANT MATERIAL IS CONSIDERED 100% DROUGHT TOLERANT AND SHALL BE PROVIDED TEMPORARY IRRIGATION FOR THE FIRST TWO (2) YEARS. 9. HOME BUILDER SHALL BE RESPONSIBLE FOR INSTALLING PROPOSED LOT TREES UPON COMPLETION OF THE PROPOSED HOMES. PROPOSED LOT TREES SHOULD BE PLANTED MINIMUM 5' AWAY FROM PROPOSED HOUSE. 10. HOME BUILDER INSTALLING PROPOSED YARD TREES SHALL ADJUST TREE PLANTING LOCATIONS TO PROPOSED DRIVEWAYS. CURB --CUTS FOR DRIVEWAYS ARE SHOWN ON THIS PLAN AND SHALL BE VERIFIED. 2" MAX. SPECIFIED TREE STAKE(S) �= INSTALL "TREE BOOT" OR _ "ARBORGARD" IN LAWN AREAS. w PLANT TREE 1"-2" HIGHER N THAN IN NURSERY *- WATERING BASIN ROOT BARRIER WHEN TREES ARE ADJACENT TO SIDEWALKS AND R01:::••:.....F- •: r SPECIFIED PLANTING SOIL UNDISTURBED GROUND f r� r 12" MIN. FOR WOOD STAKES & 18 FOR REBAR REINFORCED RUBBER HOSE OR VINYL W/16 GA. WIRE TIES DETAIL PRUNE DISEASED AND BROKEN BRANCHES HOSE & WIRE TIES, SEE DETAIL ABOVE REMOVE BINDING TWINE & TOP 1 /3 OF BURLAP. 2" SETTLED DEPTH WITH SPECIFIED MULCH FERTILIZER TABLETS (4--21 GRAM-20-10--5) ROOT BARRIER WHEN TREES ARE ADJACENT TO SIDEWALKS AND ROADS SCARIFY PLANTING PIT SIDES AND BOTTOM 6" DEEP, FIRM, NATIVE SOIL MOUND 2x ROOTBALL WIDTH __: j —IN HEAVY SOILS, AUGER 8"x6' DEEP HOLE (OR THROUGH HARDPAN) FILL WITH CRUSHED ROCK. VERIFY GOOD DRAINAGE PRIOR TO PLANTING.'$" TP\�� PLi,ANTIN6 ANP 5TMIN6 PFMIL NOT TO SCALE DO NOT PIERCE ROOTBALL WITH TREE STAKES, TYPICAL. I 20 M ��•w _ jj 11}✓� U, LEI a Uj w z y w a o O i� STATE OF WASHI NGTO E D LAND H CT JEFF M. VARLEY CERTIFICATE No. 774 Z� r � V 1 W JOB NUMBER: DRAWING NAME: DESIGNER: JMV ,,`DRAFTING BY: JMV DATE: 11-12-07 SCALE: AS SHOWN JURISDICTION: CITY OF RENTON LA-01 SHEET 1 OF 1