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HONEY BROOK
DIV. 111
OVERALL PLAT PLAN
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14
First American
Shari Workman
Developer Services
Fax No. (253) 671-5802
(253) 671-5834
sworkman@firstam.com
To: Seattle Mortgage
6450 Southcenter Blvd Suite 106
Seattle, WA 98188
Attn: Tom Foster
First American Title Insurance Company
2101 Fourth Ave, Ste 800
Seattle, WA 98121
Phn -(2S3) 471-1234 (800) 238-8810
Fax -
File No.: 4261-312390
Your Ref No.: Honeybrooke 3
Re: Property Address: 102305902508, 102305901302, 102305903308, , WA
Supplemental Report 2 to 5th
Dated: March 14, 2005 at 8:00 A.M.
Commitment/Preliminary Report No. 4261-312390 dated as of February 28, 2005 (including
any supplements or amendments thereto) relating to the issuance of an American Land Title Association
Form Policy is hereby modified and/or supplemented as follows:
Corrected Address: 102305902508, 102305901302, 102305903308, Renton, Wa.
First American Title Insurance Company
By: Shari Workman, Title Officer
Page lof 1
First American
Shari Workman
Developer Services
Fax No. (253) 671-5802
(253) 671-5834
sworkman@firstam.com
To: Seattle Mortgage
6450 Southcenter Blvd Suite 106
Seattle, WA 98188
Attn: Tom Foster
First American Title Insurance Company
2101 Fourth Ave, Ste 800
Seattle, WA 98121
Phn -(253) 471-1234 (800) 238-8810
Fax -
File No.: 4261-312390
Your Ref No.: Honeybrooke 3
Re: Property Address: 102305902508, 102305901302, 102305903308, Kirkland, WA
Supplemental Report No. 1 of 5th Report
Dated: March 14, 2005 at 8:00 A.M.
Commitment/Preliminary Report No. 4261-312390 dated as of February 28, 2005 (including
any supplements or amendments thereto) relating to the issuance of an American Land Title Association
Form Policy is hereby modified and/or supplemented as follows:
There has been no change in the title to the property covered by our Commitment/Preliminary Report
dated 02/28/2005 at 7:30 a.m. except as noted below:
First American Title Insurance Company
By: Shari Workman, Title Officer
Page 10f 1
Form No. 14
Subdivision Guarantee
Issued by
Guarantee No.: 4261-312390
First American Title Insurance Company
2101 Fourth Ave, Ste 800, Seattle, WA 98121
Title Officer: Shari Workman
Phone: (253) 471-1234
FAX: (253) 671-5802
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
Guarantee No.: 4261-312390
Page No.: 1
LIABILIn'
FEE
. First American
First American Title Insurance Company
$
$
2101 Fourth Ave, Ste 800, Seattle, WA 98121
(253) 471-1234 -(800) 238-8810 FAX
Developer Services
Fax No. (253) 671-5802
Shari Workman
(253) 671-5834
sworkman@firstam.com
5TH REPORT
SUBDIVISION GUARANTEE
1,000.00 ORDER NO.:
350.00 TAX $ 30.80
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
Seattle Mortgage
4261-312390
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: May 21, 2004 at 7:30 A.M.
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
SCHEDULE A
The assurances referred to on the face page are:
A. Title is vested in:
Guarantee No.: 4261-312390
Page No.: 2
C. Thomas Foster, who also appears of record as Thomas C. Foster and Maryl C. Foster, husband
and wife and Gerald L. Stump and Kellie C. McNett
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:
Parcell:
Lotsl A and B of Lot Line Adjustment 20040304900004, according to the Lot Line Adjustment
thereof recorded March 4,2004 under King County Recording No. 20040304900004. Except any
portion conveyed under Recording No. 20040524000585, 20040524000586 and
20040524000587. Together with a non-exclusive easement for ingress and egress as delineated
on King County Short Plat No. 776004, according to the short plat thereof recorded April 12,
1979 under King County recording no. 7904120866.
Parcel 2:
Lot 3 of King County Short Plat No. 776004, according to the short plat thereof recorded April 12,
1979 under King County recording no. 7904120866. Except any portion conveyed under
Recording No. 20040524000587. Together with a non-exclusive easement for ingress and egress
as delineated on King County Short Plat No. 776004, according to the short plat thereof recorded
April 12, 1979 under King County recording no. 7904120866.
Parcel 3:
The east 150 feet of the west 480 feet of the north 330 feet of the northeast quarter of the
southwest quarter of the southeast quarter of Section 10, Township 23 north, Range 5 east,
W.M., in King County, Washington; Together with additional appurtenant real property, which
attached thereto by operation of law as a result of decree of court quieting title in King County
Superior Court Cause No. 90-2-0038-9 entered March 19, 1992 and the contents of said decree
are expressly incorporated herein by this reference to describe said additional parcel. Together
with a non-exclusive easement for ingress and egress over the south 30 feet of the north 360
feet of the west 480 feet of said subdivision; Except the west 30 feet thereof conveyed to King
County for road under recording no. 3042808
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
First American Title
Guarantee No.: 4261-312390
Page No.: 3
Form No. 14
Subdivision Guarantee (4-10-75)
RECORD MATTERS:
Guarantee No.: 4261-312390
Page No.: 4
1. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 102305901302
1st Half
Amount Billed: $ 1,599.43
Amount Paid: $ 0.00
Amount Due: $ 1,599.43
Assessed Land Value: $ 185,000.00
Assessed Improvement Value: $ 82,000.00
2nd Half
Amount Billed: $ 1,599.42
Amount Paid: $ 0.00
Amount Due: $ 1,599.42
Assessed Land Value: $ 185,000.00
Assessed Improvement Value: $ 82,000.00
(Affects Lot A of Parcell)
2. Delinquent General Taxes for the year 2004 .
Tax Account No.: 102305901302
1st Half
Amount Billed: $ 885.96
Amount Paid: $ 0.00
Amount Due: $ 885.96, plus interest and penalty
2nd Half
Amount Billed: $ 885.96
Amount Paid: $ 0.00
Amount Due: $ 885.96, plus interest and penalty
(Affects Lot A of Parcell)
3. Delinquent General Taxes for the year 2003 .
Tax Account No.: 102305901302
1st Half
Amount Billed: $ 862.41
Amount Paid: $ 0.00
Amount Due: $ 826.41, plus interest and penalty
2nd Half
Amount Billed: $ 826.40
Amount Paid: $ 0.00
Amount Due: $ 826.40, plus interest and penalty
(Affects Lot A of Parcell)
First American Title
Form No. 14 Guarantee No.: 4261-312390
Page No.: 5 Subdivision Guarantee (4-10-75)
4. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 102305902508
1st Half
Amount Billed: $ 1,408.81
Amount Paid: $ 0.00
Amount Due: $ 1,408.81
Assessed Land Value: $ 235,000.00
Assessed Improvement Value: $ 0.00
2nd Half
Amount Billed: $ 1,408.80
Amount Paid: $ 0.00
Amount Due: $ 1,408.80
Assessed Land Value: $ 235,000.00
Assessed Improvement Value: $ 0.00
(Affects Lot B of Parcell)
5. Delinquent General Taxes for the year 2004 .
Tax Account No.: 102305902508
1st Half
Amount Billed: $ 1,953.86
Amount Paid: $ 0.00
Amount Due: $ 1,953.86, plus interest and penalty
2nd Half
Amount Billed: $ 1,953.87
Amount Paid: $ 0.00
Amount Due: $ 1,953.87, plus interest and penalty
(Affects Lot B of Parcell)
6. Delinquent General Taxes for the year 2003 .
Tax Account No.: 102305902508
1st Half
Amount Billed: $ 1,890.49
Amount Paid: $ 0.00
Amount Due: $ 1,890.49, plus interest and penalty
2nd Half
Amount Billed: $ 1,890.49
Amount Paid: $ 0.00
Amount Due: $ 1,890.49, plus interest and penalty
(Affects Lot B of Parcell)
First American Title
Form No. 14 Guarantee No.: 4261-312390
Page No.: 6 Subdivision Guarantee (4-10-75)
7. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 102305903308
1st Half
Amount Billed: $ 1,259.81
Amount Paid: $ 0.00
Amount Due: $ 1,259.81
Assessed Land Value: $ 210,000.00
Assessed Improvement Value: $ 0.00
2nd Half
Amount Billed: $ 1,259.80
Amount Paid: $ 0.00
Amount Due: $ 1,259.80
Assessed Land Value: $ 210,000.00
Assessed Improvement Value: $ 0.00
(Affects Parcel 2)
8. General Taxes for the year 2005. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 102305923108
1st Half
Amount Billed: $ 1,831.80
Amount Paid: $ 0.00
Amount Due: $ 1,831.80
Assessed Land Value: $ 235,000.00
Assessed Improvement Value: $ 0.00
2nd Half
Amount Billed: $ 1,831.79
Amount Paid: $ 0.00
Amount Due: $ 1,831.79
Assessed Land Value: $ 235,000.00
Assessed Improvement Value: $ 0.00
(Affects Parcel 3)
9. Delinquent General Taxes for the year 2004 .
Tax Account No.: 102305923108
1st Half
Amount Billed: $ 1,480.53
Amount Paid: $ 0.00
Amount Due: $ 1,480.53, plus interest and penalty
2nd Half
Amount Billed: $ 1,480.53
Amount Paid: $ 0.00
Amount Due: $ 1,480.53, plus interest and penalty
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
(Affects Parcel 3)
10. Delinquent General Taxes for the year 2003 .
Tax Account No.: 102305923108
1st Half
Amount Billed: $ 1,431.63
Amount Paid: $ 0.00
Guarantee No.: 4261-312390
Page No.: 7
Amount Due: $ 1,431.63, plus interest and penalty
Amount Billed:
Amount Paid:
Amount Due:
(Affects Parcel 3)
$
$
$
2nd Half
1,431.62
0.00
1,431.62, plus interest and penalty
11. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor:
Grantee/Beneficiary:
Trustee:
Amount:
Recorded:
Recording Information:
Thomas C. Foster, spouse of Maryl C. Foster, Maryl C. Foster,
spouse of C. Thomas Foster, Gerald L. Stump, spouse of Kellie
C. McNett, Kellie C. McNett souse of Gerald Stump
Washington First International Bank
First American Title
$1,904,000.00
September 20, 2002
20020920002130
Modification and/or amendment by instrument:
Recording Information: 20040601000249 and 20041110000058
12. Assignment of leases and/or rents and the terms and conditions thereof:
Assignor: Thomas C. Foster, spouse of Maryl C. Foster, Maryl C. Foster,
spouse of C. Thomas Foster, Gerald L. Stump, spouse of Kellie
C. McNett, Kellie C. McNett spouse of Gerald Stump
Assignee: Washington First International Bank
Recorded: September 20,2002
Recording Information: 20020920002131
13. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor:
Grantee/Beneficiary:
Trustee:
Amount:
Recorded:
Recording Information:
Langley Development Group, Inc.
Washington First International Bank
First American Title Insurance
$562,500.00
October 30, 2003
20031030000646
Said instrument is a re-record of recording noes). 20031029002316
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
14. Assignment of leases and/or rents and the terms and conditions thereof:
Assignor: Langley Development Group, Inc.
Assignee: Washington First International Bank
Recorded: October 30,2003
Recording Information: 20031030000647
15. Easement, including terms and provisions contained therein:
Recording Information: 5005653,5246438 and 5989934
For: Roadway and Utilities
Guarantee No.: 4261-312390
Page No.: B
16. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary
discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred
to in the legal description.
17. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: 8304010791
18. Temporary Water Service Agreement and the terms and conditions thereof:
Between: Robert M. and Ruth Piele
And: King County Water District No. 90
Recording Information: 8306141032
19. Road maintenance provisions, and the terms and conditions thereof, contained in instrument:
Recording Information: 8807010506
20. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey
No. 8805029004, recorded in volume 60 of surveys, at page(s) 250, in King, Washington.
21. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey
No. 9207069006, recorded in volume 88 of surveys, at page(s) 08, in King, Washington.
22. Easement, including terms and provisions contained therein:
Recording Information: 9504240513
In Favor of: King County Water District No. 90
For: Water Mains
23. The terms and provisions contained in the document entitled "City of Renton Ordinance No.
4612"
Recorded:
Recording No.:
June 21, 1996
9606210966
24. Easement, including terms and provisions contained therein:
Recording Information: 20000105000508 and 20000105000509
In Favor of: King County Water District No. 90
For: Water Mains
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
Guarantee No.: 4261-312390
Page No.: 9
25. The terms and provisions contained in the document entitled "City of Renton Ordinance No.
4924"
Recorded:
Recording No.:
January 4, 2002
20020104002323
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.
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
Guarantee No.: 4261-312390
Page No.: 10
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
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 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 whl ch 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 tenms 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 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 shall In no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured Is a party, notwithstanding the nature of any allegation In such
action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured
Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth In
Paragraph 3 above:
(a) The Company shall have the right, at Its sole option and cost, to Institute and
prosecute any action or proceeding, Interpose a defense, as limited In (b), or to do
any other act which In Its opinion may be necessary or deSirable to establish the title
to the estate or Interest as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the Assured. The Company may
take 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 COl)1pany 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 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.
5. 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 pOSSible, the
basis of calculating the amount of the loss or damage. If the Company Is prejudiced
by the failure of the Assured to provide the required proof of loss or damage, the
Company'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 Infonmation 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 Payor Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to payor 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 hoider 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 ioss 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 Payor Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To payor 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 cialmed 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 Exciusions From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated In Schedule A or In Part 2;
(b) the amount of the unpaid principal Indebtedness secured by the mortgage of an
Assured mortgagee, as 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.: 4261-312390
Page No.: 11
(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 w'ritten 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 entitied to all rights and remedies which
the Assured would have had against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name 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 fuliy 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 appllcabie 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 iess 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 Ruies 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.
(al 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. 1282 (Rev. 12/15/95)
First American Title
NEIGI-lSORl-lOOD DETAIL MAP
HONEYBROOKE III
RENTON.
COlO!! DE&16H INC. eNGlNEElOING • PLANNING • I!lJI'l\'eYING
COI'iE NO. 02""" J\no II. 2004
I," .·200'
Mijl~!aV10·u:d ;.:' .
'N .;. i !j ,~ 1;', fJ ; !~ v v -1 .
• ~<~
~);~~~;~\~~;;lB~~{~:\~~ii;t.!f~~~~~:·:~~:~~~;; ... ;!.;~ ·[~j~~]~~IJ~~:t[
.. _ ..
Return Address:
City Clerk's Office
City of Renton
\ n 11111111lln II
0050329000907
1055 South Grady Way
Renton, W A 98055
CITY OF RENTON BS 20.00 PAGE001 OF 002 03/29/2005 11:08 KING COUNTY, LlA
The Gnntor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to
the Gnntee, as named above, the following described personal property:
WATER SYSTEM: Length Size ~
L.F. of .. Water Main
L.F.of .. Water Main
L.F.of Water Main
each of .. Gate Valves
each of .. Gate Valves
each of Fire Hydrant Assemblies
SANITARY SEWER SYSTEM: Length Size ~
1:25~ L.F.of 8' PlIC Sewer Main
L.P.of .. Sewer Main
L.F. of Sewer Main
S each of ~8' .. Diameter Manholes
2. each of 5'1 .. Diameter Manholes
each of .. Diameter Manholes
STORM DRAINAGE SYSTEM: Length Size ~
LS61 L.F. of /..:1-.. CPGP Storm Line
L.F.of .. Storm Line
L.F. of .. Storm Line
I..S each of .. ?Jffl~k Storm Inlet/Outlet
2 each of £.d:: .. Storm Catch Basin
each of .. Manhole
STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement)
Curb, Gutter, Sidewalk /797 L.F. 'lSf' . (
Asphalt Pavement: iffz SY or L.F.of e.3D Width
i".s<f~.A? I STREET LIGHTING: . /3S'@ ,(
# ofPo]es 9
By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person
or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors,
administrators and assigns forever.
H:\FILE.SYS\FRM\84HNDOUT\BILLSALE.OOC\MAB Page 1
'i-,/
IN WITNESS WHEREOF, I have hereunto set my hand and tLdt(~~~&
INDIYIDUAL FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASliINGTON ) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _______ _
________________ signed this instrument and
acknowledged it to be hislher/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:
RBPRBSENTAT1J1E FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON ) SS
Notary Seal must be within box
CHARLES F. KOKKO
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
MARCH 19,2006 P-.P"'Il~p~~1<!,q;~~~~~>p
COUNTY OF KING )
I certify that I 1cnow or have satisfactory evidence that _______ _
_______________ signed this instrument, on oath
stated that he/she/they waslwere authorized to execute the instrument and
ac1cnowledged it as the and ______ _
of to be the free and voluntary act of such
party/parties for the uses and purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary (Print) ____________ _
My appointment expires:. ___________ _
Dated:
CORPORATE FORM OF ACKNOWLEDGMENT
STATE OF WASHINGTON ) SS .
COUNTY ~ KING .A J ) I 2.;.;(".) ~
On this ~ day of I V\J( Ire-IA , ~ --r-' before me ~nally appeared
f, T4t~ f;£fv-+-GfV"Ci leI I~ Mf~ tome1cnownto
be p. ~"F.e>"'''~ of the corporation that
executed the WIthin instrument, and acJcnowledge the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and each on oath stated that he/she was authorized to execute said
instrument an that the seal affixed is th co orate seal of said corporation.
Page 2
LuA-o'/-Ob 7
Return Address:
City Clerk's Office 11111111111
316001300 City of Renton
CITY OF RENTON COY 48.11 PAGEII1 OF 131 13/11/2115 13:11 KING COUNTY, UA
1055 S. Grady Way
Renton WA 98055
Please print or type information WASIDNGTON STATE RECORDER'S Cover Sheet (RCW 65 04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
f.~/a~~t'J~ # ave IJQf.l:/s C,PldlfrOJ,fS ar[ ~i-'I-I~ ,o4,! a7 l:b. (j ~. ~D:lt2l<:.e. 3. ~·7rtcla.:;J~ J2llL .-
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page :;;z..q of document
Grantor(s) (Last name, first name, initials) ~.s~;-l.Ctf~s ~st;r-. , rl1aTfL C c.. 2. c;£ . t-sj{lYlP , ce. Ie. me et-f:
Additional names on page __ of document.
Grantee~s) (Last nam,e firk?chen .f:t name and initials)
1. (1 i ir-t3 ~ en n ,
2. . ,
Additional names on page __ of document.
Lega. description (abbreviated: i.e. lot, block, plat or ~ection, township, range)
I'kllt'y Orot!J/:::e ..nlll.JlI' L"is 1-62-.
-,
Additional legal is on page __ of document.
Assessor's Property Tax Parcel/A~count Number-. 0 Assessor Tax # not yet assigned
/C>.2 305 -9013 --0::2-." 1 /O.2.30 5--CjdJ/·-o3'
it!) 2-30$ -Yl;33"-08' /tJ ;L 305 --Qo.;.L5-o8'
The AuditorlRecorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provIded In RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text ofthe original document.
--------------------------------------------------Signature of Requesting Party
After Recording Return to:
C. Thomas Foster
6450 Southcenter Blvd. #106
Seattle, W A. 98188
DECLARATION
OF
COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR
THE PLAT OF
HONEY BROOKE DIV. III
-
1
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR THE PLAT OF HONEY BROOKE DIV. III
THIS DECLARATION is made on this 15th day of June, 2004, by C. Thomas and
Maryl C. Foster, husband and wife and Gerald L. Stump and Kellie C. McNett, husband
and wife as owners of the property being subjected to this Declaration.
RECITALS
A. Declarant is the owner of that certain real property located in the City of
Renton, County of King, Washington, and more particularly described in Article 2 of this
Declaration.
B. Declarant desires to subject the real property described in Article 2 hereof to
the provisions of this Declaration to create a residential community of single-family
housing (as "single family" is defined below) and related uses as set forth in Section 6.2
hereof.
NOW, THEREFORE, Declarant hereby declares that the real property described in
Article 2 of this Declaration, including the improvements constructed or to be constructed
thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold,
transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to
the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set
forth, which are for the purpose of protecting the value and desirability of, and which shall
run with the title to, the real property hereby or hereafter made subject hereto, and shall be
binding on all persons having any right, title, or interest in all or any portion of the real
property now or hereafter made subject hereto, their respective heirs, legal representatives,
successors, successors-in-title, and assigns and shall inure to the benefit of each and every
owner of all or any portion thereof.
ARTICLE 1
DEFINITIONS
1.1 Words Defined. The following words, when used in this Declaration or in
any Supplementary Declaration (unless the context shall prohibit), shall have the following
meanmgs:
1.1.1 "Association" shall mean Honey Brooke Div. III, Homeowners
Association, a Washington nonprofit corporation, its successors and assigns.
2
1.1.2 "Board of Directors" or "Board" of the Association shall be the
appointed or elected body, as applicable, having its normal meaning under Washington
law.
1.1.3 "Bylaws" shall refer to the Bylaws of the Honey Brooke Div. III
Homeowners Association.
1.1.4 "Common Areas" shall mean any and all real and personal property
and easements and other interests therein, together with the facilities and improvements
located thereon as designated on the final plat of the Community or as otherwise conveyed
to the Association for the common use and enjoyment of the Owners.
1.1.5 "Community" shall mean and refer to that certain real property and
interest therein described in Article 2, and such additions thereto as may be made by
Declarant by Supplementary Declaration.
1.1.6 "Community-Wide Standard" shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such standard may
be more specifically determined by the Board of Directors of the Association. Such
determination, however, shall generally be made with reference to the standards originally
established by the Declarant.
1.1.7 "Declarant" shall mean and refer to C. Thomas Foster and his
successors-in-title and assigns, provided any such successor-in-title or assign shall acquire
for the purpose of development or sale all or any portion of the remaining undeveloped or
unsold portions ofthe real property described in Article 2, and provided further, in the
instrument of conveyance to any such successor-in-title or assign, such successor-in-title or
assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which
grantor shall be the "Declarant" hereunder at the time of such conveyance; provided,
further, upon such designation of such successor Declarant, all rights of the former
Declarant in and to such status as "Declarant" hereunder shall cease, it being understood
that as to all of the property described in Article 2, which is now subjected to this
Declaration, there shall be only one "Declarant" hereunder at anyone point in time.
1.1.8 "Development Period" shall mean that period of time beginning on
the date this Declaration is recorded in the records of King County and ending on the
earliest to occur of (i) five (5) years from the date of recording ofthis Declaration; or
(ii) the date Declarant holds a special meeting of the Association, in accordance with the
Bylaws, for the purpose of transitioning the management of the Association from the
Declarant to the Owners, or (iii) the date 120 days after Declarant has conveyed 75% of the
lots within the plat.
1.1.9 "Governing Documents" shall mean and refer to this Declaration,
the Articles of Incorporation (if any) and Bylaws of the Association, and rules and
regulations (if any) of the Community adopted by the Board, as any ofthe foregoing may
be amended from time to time.
3
1.1.10 "Lot" shall mean any plot of land within the Community, whether or
not improvements are constructed thereon, which constitutes or will constitute, after the
construction of improvements, a residential dwelling site as shown on a plat recorded in the
records of King County.
1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other
similar instruments used for the purpose of encumbering real property in the Community as
security for the payment or satisfaction of an obligation.
1.1.12 "Mortgagee" shall mean the holder of a Mortgage.
1.1.13 "Occupant" shall mean any Person occupying all or any portion of a
residence or other property located within the Community for any period of time,
regardless of whether such Person is a tenant or the Owner of such property.
1.1.14 "Owner" shall mean and refer to the record owner, whether one or
more Persons, of the fee simple title to any Lot located within the Community, excluding,
however, any Person holding such interest merely as security for the payment or
satisfaction of an obligation.
1.1.15 "Person" means 'any natural person, as well as a corporation, joint
venture, partnership (general or limited), association, trust, or other legal entity.
1.1.16 "Single Family" shall mean a single housekeeping unit, without
regard to the construction type or ownership of such unit, that includes not more than four
(4) adults who are legally unrelated.
1.1.17 "Supplementary Declaration" means an amendment or supplement
to this Declaration which subjects additional property to this Declaration or that imposes,
expressly or by reference, additional or modified restrictions and obligations on the land
described therein.
1.1.18 "Total Association Vote" means all of the votes attributable to
members of the Association (including votes of Declarant).
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, by the recording of this Declaration, subject to the
covenants and restrictions hereafter set forth and which, by virtue of the recording of this
Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or
otherwise encumbered subject to this Declaration is the real property described as:
LOTS 1 THROUGH 22, INCLUSIVE, OF HONEY BROOKE DIV. III,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME moF
4
-PLATS AT PAGES (1!,bAND ~JIl)RECORDS OF KING COUNTY, WASHINGTON
RECORDED UNDER RECORDiNG NUMBER.200.rO?> I bOO t ~qq .
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
Common Areas: Any stormwater detention and drainage facilities, wetland tracts, and
private streets shown on the recorded plat as being maintained by the Association.
ARTICLE 3
HONEY BROOKE DIV. III HOMEOWNERS ASSOCIATION
3.1 Description of Association. The Association may, at the election of the
Declarant or the Association, be incorporated as a non-profit corporation organized and
existing under the laws of the State of Washington. The Association shall be charged with
the duties and vested with the powers prescribed by law and set forth in the Governing
Documents; provided, however, that no such Governing Documents, other than the
Declaration, shall for any reason be amended or otherwise interpreted so as to be
inconsistent with this Declaration.
3.2 Board of Directors. Declarant shall have the right to appoint or remove
any member or members of the Board of Directors or any officer or officers of the
Association until termination ofthe Development Period. Each Owner, by acceptance of a
deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and
remove directors and officers of the Association during the Development Period. The
directors selected by the Declarant need not be Owners. The number of directors shall be
as set forth in the Bylaws. Following termination ofthe Development Period, the Board of
Directors shall be elected by the Owners in accordance with the Bylaws.
3.3 Membership. Every Owner of a fee interest in any Lot that is subject to
this Declaration shall be deemed to have a membership in the Association and membership
in the Association shall consist exclusively of such owners. The foregoing is not intended
to include Persons who hold an interest merely as security for the performance of an
obligation, and the giving of a security interest shall not terminate the Owner's
membership. No Owner, whether one or more Persons, shall have more than one (1)
membership per Lot. Membership shall be appurtenant to and may not be separated from
ownership of any Lot. The rights and privileges of membership, including the right to vote
and to hold office, may be exercised by a member or the member's spouse, but in no event
shall more than one (1) vote be cast nor office held for each Lot owned.
3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned.
When more than one (1) Person holds an ownership interest in any Lot, the vote for such
Lot shall be exercised as those Owners themselves determine and advise the Secretary prior
to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the
event more than one (1) Person seeks to exercise it.
5
3.5 Architectural Control Committee. No construction, alteration, addition,
refurbishing, or erection of any structure or any nature whatsoever shall be commenced or
placed upon any part of the Community, except that which is installed by the Declarant, or
is approved in accordance with this Section, or as is otherwise expressly pennitted herein.
Any such construction, alteration, addition, refurbishing, or erection shall not be made
unless and until plans and specifications showing the nature, kind, shape, size and height,
architectural design and detail, materials, workmanship, colors, location on site,
improvement and site grade elevations, and site landscaping shall have been submitted in
writing to and approved by the Architectural Control Committee (the "ACC") established
pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons
as it deems necessary to enable the ACC to perfonn its review. Written design guidelines
and procedures ("Design Guidelines") may be established by the Board for the exercise of
this review, which Design Guidelines may provide for a review fee. Copies of the Design
Guidelines shall be available to all Owners upon request for a reasonable fee.
3.5.1 The ACC shall consist of not less than one (1) nor more than three
(3) members, who need not be Owners. So long as the Declarant owns any property for
development and/or sale in the Community, the Declarant shall have the right to appoint or
remove any or all members of the ACC. Upon the expiration or earlier surrender in writing
of such right, the Board shall appoint the members of the ACC. The Declarant has named
----------------------------------~-----as the sole member of the
ACC.
3.5.2 Members of the ACC shall not be entitled to compensation for
services perfonned pursuant to this Section 3.5. The Association shall defend, indemnify,
and hold each members of the ACC harmless for any liability incurred while serving as a
member of the ACC.
3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may
withhold approval for any reason, including aesthetic considerations, and it shall be entitled
to stop any construction in violation of approved plans or this Declaration.
3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR
ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND
BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE
MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR
RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE
CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER
DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS,
DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL
BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND
SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF
PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN
JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN
CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO
APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY
-
6
PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER
AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR
SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR
THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY
OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES,
QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS,
AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY
JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE
PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE
DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT
KNOWN AT THE TIME THE RELEASE IS GWEN.
3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association
shall have the power to adopt, modify, and amend bylaws, rules and regulations governing
the Community, provided that such bylaws, rules and regulations shall not be inconsistent
with this Declaration and shall apply uniformly to all Owners, except as specifically
provided herein. The Board shall have the power to enforce the rules and regulations on
behalf of the Association and may prescribe penalties or fines for their violation. Any such
bylaws, rules and regulations shall become effective thirty (30) days after promulgation and
shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and
regulations then in force shall be retained by the secretary of the Association. The
Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations.
ARTICLE 4
ASSESSMENTS
4.1 Purpose of Assessment. The assessments provided for herein shall be used
for the general purposes of promoting the recreation, health, safety, welfare, common
benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of
real and personal property, all as may be more specifically authorized from time to time by
the Board of Directors.
4.2 Creation of the Lien and Personal Obligation for Assessments. Each
Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed
in such deed, covenants and agrees to pay to the Association: (i) annual assessments or
charges; (ii) special assessments, such assessments to be established and collected as
hereinafter provided; and (iii) specific assessments established pursuant to the terms of this
Declaration, including, but not limited to, reasonable fines imposed in accordance with the
terms of this Declaration.
4.2.1 All such assessments, together with (i) late charges, (ii) interest set
by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen
percent (18%) per annum), and (iii) costs, including, without limitation, reasonable
attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien
upon the Lot against which each assessment is made.
7
4.2.2 Each such assessment, together with late charges, interest, costs,
including, without limitation, reasonable attorneys' fees actually incurred, shall also be the
personal obligation of the person who was the Owner of such Lot at the time the
assessment fell due. Each Owner shall be personally liable for the portion of each
assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be
jointly and severally liable for such portion thereof as may be due and payable at the time
of conveyance; provided, however, the liability of a grantee for the unpaid assessments of
its grantor shall not apply to any first Mortgagee taking title through foreclosure
proceedings or deed in lieu of foreclosure.
4.2.3 The Association shall, within five (5) days after receiving a written
request therefor and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. Such
certificate shall be binding upon the Association as of the date of issuance.
4.2.4 Annual assessments shall be levied equally on all Lots. Assessments
shall be paid in such manner and on such dates as may be fixed by the Board. Unless
otherwise provided by the Board, the assessment shall be paid in annual installments.
4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt
a budget covering the estimated costs of operating the Association during the coming year
and the assessments to be levied against each Lot, which may include an amount for capital
reserves in accordance with a capital budget separately prepared. The Board shall cause a
summary of the proposed operating and capital budgets and the proposed assessments
against each Lot for the following year to be mailed to each Owner. The Board shall set a
date for a special meeting of the Owners to consider ratification of the budget within thirty
(30) days after adoption by the Board and not less that fourteen (14) nor more than sixty
(60) days after the mailing of the proposed budgets and assessments. Unless at such
meeting the budget is rejected by at least seventy-five percent (75%) of the Total
Association Vote, in person or by proxy, the budget shall be ratified, whether or not a
quorum is present. In the event the proposed budget is rejected or the required notice is not
given, the budget in effect for the then current year shall continue in effect until the Owners
ratify a subsequent budget.
4.4 Revised Budget. If the financial circumstances or needs of the Association
materially change during any year, the Board may prepare and adopt a revised budget and
assessments for the balance of the year. The Board shall cause a summary of the proposed
revised budget and assessments to be mailed to each Owner and shall set a date for a
meeting of the Owners to consider ratification of the revised budget and assessments in the
same manner as the regular annual budget as set forth in Section 4.3 above.
4.5 Special Assessments. In addition to the other assessments authorized
herein, the Association may levy special assessments for expenses such as, but not limited
to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of
the Total Association Vote. Special assessments shall be paid as determined by the Board,
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and the Board may permit special assessments to be paid in installments extending beyond
the fiscal year in which the special assessment is imposed.
4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this
Declaration, together with late charges, interest, costs, including, without limitation,
reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien
on such Lot in favor of the Association. Such lien shall be superior to all other liens and
encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all
sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the
records of King County and all amounts advanced pursuant to such Mortgage and secured
thereby in accordance with the terms of such instrument. All other Persons acquiring liens
or encumbrances on any Lot after the recording of this Declaration shall be deemed to
consent that such liens or encumbrances shall be inferior to future liens for assessments, as
provided herein, whether or not prior consent is specifically set forth in the instruments
creating such liens or encumbrances.
4.7 Effect of Nonpayment of Assessments; Remedies of the Association.
Any assessment or installment thereof delinquent for a period of more than ten (10) days
shall incur a late charge in an amount as the Board may from time to time determine. The
Association shall cause a notice of delinquency to be given to any member who has not
paid within ten (10) days following the due date. Ifthe assessment is not paid within thirty
(30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include
interest set by the Board from time to time, on the principal amount due, late charges, costs
of collection, including, without limitation, reasonable attorneys' fees actually incurred,
and any other amounts provided or permitted by law.
4.7.1 In the event that the assessment remains unpaid after sixty (60) days,
the Association may, as the Board shall determine, institute suit to collect such amounts
and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other
type of conveyance, vests in the Association or its agents the right and power to bring all
actions against such Owner personally, for the collection of such charges as a debt or to
foreclose the aforesaid lien in the same manner as other liens for the improvement of real
property.
4.7.2 The lien provided for in this Article shall be in favor of the
Association and shall be for the benefit of all other Owners. The Association, acting on
behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to
acquire, hold, lease, mortgage, or convey the same.
4.7.3 No Owner may waive or otherwise exempt himself from liability for
the assessments provided for herein, including, by way of illustration, but not limitation,
abandonment of the Lot.
4.7.4 All payments shall be applied first to costs, then to late charges, then
to interest and then to delinquent assessments.
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4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in
arrears in the payment of any assessment due, or shall otherwise be in default of the
performance of any terms of the Governing Documents of the Association for a period of
thirty (30) days, said Owner's voting rights shall, without the necessity of any further
action by the Association, be suspended (except as against foreclosing secured parties) and
shall remain suspended until all payments, including interest thereon, are brought current
and any other default is remedied. No Owner is relieved of liability for assessments by
non-use of the Common Areas or by abandonment of a Lot.
4.9 Date of Commencement of Assessments. The assessments provided for
herein shall commence as to a Lot subject to this Declaration on the first day of the month
following conveyance of such Lot to a Person other than Declarant. The first annual
assessment shall be adjusted according to the number of months then remaining in that
fiscal year.
4.10 Specific Assessments. In addition to the general and special assessments
outlined above, the Board shall have the power to levy such specific assessments pursuant
to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and
conditions of this Article 4 relating to general and special assessments shall apply to the
levy and collection of the specific assessments covered hereby and the Association shall
have all powers and remedies for collection and enforcement of such assessments as are
applicable to the general and special assessments set forth above. Fines levied pursuant to
Section 11.1 of this Declaration and the costs of maintenance performed by the Association
for which the Owner is responsible under Sections 5.3 and 5.4 ofthis Declaration shall be
specific assessments.
4.11 Common Areas Exempt. The Common Areas shall be exempt from
assessments by the Association.
ARTICLE 5
MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION
5.1 Association's Responsibility. The Association shall maintain and keep in
good repair the Common Areas described in Article 2 herein and any Common Areas
acquired by the Association in the future. The Association shall maintain all stormwater
detention and drainage facilities, wetland tract, and private streets as shown on the recorded
plat. If the streetlights are installed and there is no procedure for billing individual lot
owners then the Association shall pay the bills for the streetlights. The Association shall
also maintain all other facilities serving the Community not dedicated to or maintained by a
public entity. The foregoing' maintenance shall be performed consistent with the
Community-Wide Standard.
5.2 Property Not Owned by Association. The Association shall have the
right, but not the obligation, to maintain other property, whether or not owned by the
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Association and whether within or without the Community, where the Board has
detennined that such maintenance would benefit all Owners. The Association shall have
the right, but not the obligation, to maintain the property at such Lot Owners expense
pursuant to the procedure in Section 5.4 below. Without limitation of the foregoing, the
Association may enter into a joint maintenance agreement with adjoining property owners
or associations for the repair, maintenance and replacement of any shared facilities or other
property.
5.3 Damage Caused by Owner. In the event that the Association detennines
that the need for maintenance, repair, or replacement, which is the responsibility ofthe
Association hereunder, is caused through the willful or negligent act of an Owner, or the
family, guests, lessees, or invitees of any Owner, the Association may perfonn such
maintenance, repair or replacement at such Owner's sole cost and expense, and all costs
thereof shall be added to and become a part of the assessment to which such Owner is
subject and shall become a lien against the Lot of such Owner.
5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3
above, all maintenance of any Lot and all structures, parking areas, landscaping, and other
improvements thereon together with the landscaping and trees on any parking strip fronting
any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide
maintenance consistent with the Community-Wide Standard and this Declaration. The
perimeter fencing, if any, shall be maintained and repaired, in unifonn appearance, by the
abutting lot owners. In the event that the Board of Directors of the Association detennines
that any Owner has failed or refused to discharge properly any of such Owner's obligations
with regard to the maintenance, repair, or replacement of items for which such Owner is
responsible hereunder, the Association shall, except in an emergency situation, give the
Owner written notice of the Association's intent to provide such necessary maintenance,
repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with
reasonable particularity the maintenance, repairs, or replacement deemed necessary. The
Owner shall have ten (10) days after receipt of such notice within which to complete such
maintenance, repair, or replacement, or, in the event that such maintenance, repair, or
replacement is not capable of completion within a ten (to) day period, to commence such
work which shall be completed within a reasonable time. If any Owner does not comply
with the provisions hereof, the Association may provide any such maintenance, repair, or
replacement at such Owner's sole cost and expense, and all costs shall be added to and
become a part ofthe assessment to which such Owner is subject and shall become a lien
against the Lot.
5.5 Conveyance of Common Areas by Declarant to Association. The
Common Areas were conveyed to the Association on the recorded plat. The Association
accepted the conveyance and the Common Areas are now to be maintained by the
Association. The Common Areas are subject to an easement of common use and
enjoyment in favor of the Association and every Owner, their heirs, successors and assigns
in accordance with the tenns and conditions of the Governing Documents. Such rights to
use the Common Areas are appurtenant to and shall not be separated from ownership of
any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon
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the transfer of title to such Lot, and then only to the transferee of such title and shall be
deemed so conveyed whether or not it shall be so expressed in the deed or other instrument
conveying title. Certain rights of use, ingress, egress, occupation, and management
authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to
Declarant for the duration of the Development Period. Declarant shall not be required to
make any improvements whatsoever to property to be conveyed and accepted pursuant to
this Section.
5.6 If any Common Area is currently owned or is acquired in the future which is
designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or
as any other type of sensitive area, then use of such Common Area shall be limited to
activities approved by the municipality which designated such Common Area as sensitive.
Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other
provision of this Declaration, there shall be no right or easement of ingress and egress, use
and enjoyment in or to such Common Area. Access shall be limited to maintenance
activities approved by the municipality.
ARTICLE 6
USE RESTRICTIONS AND RULES
6.1 General/Rules and Regulations. This Article, beginning at Section 6.2,
sets out certain use restrictions which must be complied with by all Owners and Occupants.
These use restrictions may only be amended in the manner provided in Section 11.3 hereof
regarding amendment of this Declaration. In addition, the Board may, from time to time,
without consent of the Owners, promulgate, modify, or delete other use restrictions and
rules and regulations applicable to the Community. Such use restrictions and rules shall be
distributed to all Owners and Occupants prior to the date that they are to become effective
and shall thereafter be binding upon all Owners and Occupants until and unless overruled,
canceled, or modified in a regular or special meeting by a majority of the Total Association
Vote and the consent of Declarant during the Development Period.
6.2 Residential Use. Except as provided in this Section, all Lots shall be used
for single-family residential purposes exclusively with the exception that certain home
occupations may be permitted, subject to the guidelines and rules established by the Board,
if any, and subject to approval by the Board. Such home occupations may be limited to
certain business uses, shall not create any disturbance, noise, or unsightliness, shall not
unduly increase traffic flow or parking congestion, and shall not be in violation of any of
the provisions of the Governing Documents. Use of the Lots shall in all cases be in
compliance with all applicable laws, ordinances, rules and regulations.
6.3 Building and Landscaping Requirements and Restrictions. Except as
provided in Section 6.4 below, all residences constructed within the Community by any
Person shall be subject to design review and approval by the ACC which may cover the
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minimum size, architectural style, height, scope of improvements, quality of design,
materials, workmanship, and siting standards. Without restricting or limiting the authority
ofthe ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal,
the following restrictions shall apply to the Community in general:
6.3.1 Only one Single Family home shall be permitted on each Lot. Two
story or split level homes shall include no less than 1,300 gross square feet of living space,
exclusive of one-story open porches and garages. One story homes shall include no less
than 1,000 gross square feet of living space, exclusive of one-story open porches and
garages.
6.3.2 After Declarant has completed construction of all houses in the
Community, any remodeling or exterior addition to any residence or other structure erected
or placed on any Lot shall be completed as to external appearance, including finished
painting, within six (6) months after the date of commencement of construction. All front,
side and rear yard landscaping must be completed within six (6) months from the date of
closing of the purchase of the residence by the Owner from the Declarant. In the event that
strict enforcement of this provision would cause undue hardship due to weather conditions,
this provision may be extended for a reasonable length of time when approved by the ACC.
6.3.3 All homes within the Community shall contain a garage; carports
shall not be permitted. Unless otherwise approved by the ACC, all garages must be
attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In
granting waivers to this requirement, the ACC will consider functional necessity and
architectural desirability.
6.3.4 All driveways and parking areas shall be paved with material
approved by the ACC.
6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six
(6) feet high or extending into the front yard of any residence shall be erected, allowed or
maintained upon any Lot, without the prior written consent of the ACC. All fences shall be
constructed of wood material unless approved by the ACC. Any such fence, barrier, row of
trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established
by the ACC, which standards may provide for limited acceptable styles and/or
specifications.
6.3.6 Each home constructed on a Lot shall be built of new materials
except, with approval ofthe ACC, decorative items such as used brick, weathered
planking, and similar items. All visible masonry shall be native stone, brick or stucco.
Types and colors of exterior paint and stain must be submitted to the committee for
approval. Any change to the exterior color of any improvement located on a Lot,
including, without limitation, the dwelling, must be approved by the ACe.
6.3.7 All roofs on dwellings and garages shall be of composite, tile or
cedar shake and shall have a minimum pitch of four/twelve.
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6.4 Existing Residences. The existing residence on Lots 1 and 17 were
constructed prior to recording this Declaration and does not confonn to all of the
provisions of this Article. The existing residence shall be exempt from the provisions of
Section 6.3 above and Subsection 6.6.5 of this Article 6 unless it is remodeled; demolished,
or substantially damaged by catastrophe, in which case any new construction placed on
Lots 1 and 17 shall confonn to the provisions of these subsections.
6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant
within the Community without the prior written consent of the ACe. Notwithstanding the
foregoing, the Board and the Declarant shall have the right to erect reasonable and
appropriate signs including, without limitation, signs related to Declarant's development
and marketing of residences within the Community. In addition, "For Sale" signs and
security signs consistent with the Community-Wide Standard and any signs required by
legal proceedings may be erected upon any Lot.
6.6 VehicIes. The tenn "vehicles" as used herein shall include, without
limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats,
jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts,
dune buggies and any other towed or self propelled transportation type vehicle. The tenn
"passenger vehicles" as used herein shall include passenger automobiles, vans, small
trucks, motorcycles, and similar type vehicles used regularly and primarily as
transportation for the Occupants of the Lot. Vehicles used for commercial and recreational
purposes are not considered passenger vehicles. "Parking areas" shall refer to the number
of garage parking spaces and driveway areas in front of garages. However, driveway areas
shall be considered "parking areas" for passenger vehicles only.
6.6.1 No vehicles other than passenger vehicles in regular use may be
parked on any Lot or portion of the Community, except in parking areas on Lots, or in a
screened area on a Lot, if such screened area is approved by the ACC. Any vehicle
regularly parked in an unapproved area or for longer than twenty-four (24) consecutive
hours shall be considered a nuisance and may be removed from the Community.
6.6.2 No passenger vehicles may be parked on any Lot or portion ofthe
Community except in "parking areas" as defined in this Section.
6.6.3 Any passenger vehicle which is inoperable or unlicensed and not
capable of use on the public highways and which is parked on any parking area for a period
of more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle
and shall be considered a nuisance and may be removed from the Community.
6.6.4 The Board may adopt and maintain current rules and regulations
concerning the parking and storage of vehicles on any Lot or any portion of the
Community. Said rules are to protect the Community from the potentially adverse impacts
of vehicles on the Community environment and to accommodate the evolving nature and
use of such vehicles. Such rules and regulations may provide for exceptions and/or
modifications to the conditions of this Section as detennined in the sole discretion of the
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Board. The Board shall rule on any dispute as to the interpretation or application of this
Section and all rules and regulations established by the Board with respect to vehicles.
6.6.5 Off-street parking for at least three (3) passenger vehicles shall be
provided on each Lot. Covered enclosed parking shall be provided for one (1) or more
passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles,
unless approved by the ACe.
6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on
pathways or unpaved Common Areas except vehicles being used for the limited purpose of
operating and maintaining utilities.
6.8 Leasing. Lots may be leased for residential purposes. All leases shall have
a minimum term of at least three (3) months. All leases shall require, without limitation,
that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and
regulations of the Association.
6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any
rules and regulations, which govern the conduct of Owners and which provide for
sanctions against Owners shall also apply to all Occupants. Fines may be levied against
Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely,
the fine may then be levied against the Owner.
6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred
or kept in the Community; provided, however, that conventional household pets may be
kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or
maintained for any commercial purposes. Owners shall be responsible for the immediate
clean up and removal of all fecal matter deposited by pets on any property other than the
Lot ofthe Owner ofthe pet. Pets shall be confined in the Owner's Lot unless on a leash
and accompanied by a responsible person. No domestic pet may be kept if it is a source of
annoyance or a nuisance. The Board shall have the authority to determine whether a
particular pet is a nuisance or a source of annoyance, and such determination shall be final
and conclusive. Pets shall be attended at all times and shall be registered, licensed and
inoculated from time to time as required by law.
6.11 Mining Prohibited. No portion ofthe Community shall be used for the
purpose of boring, mining, quarrying, or exploring for or removing oil or other
hydrocarbons, minerals, gravel, or earth.
6.12 Nuisance. Each Owner and Occupant shall prevent the development of any
unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be
used, in whole or in part, for the storage of any property or thing that will cause such Lot to
appear to be in an unclean or untidy condition; nor shall any substance, thing, or material
be kept that will emit foul or obnoxious odors or that will cause any noise or other
condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the
occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be
15
carried on within the Community, nor shall anything be done tending to cause
embarrassment, discomfort, annoyance, or nuisance to any Person using any property
within the Community. Without limiting the generality ofthe foregoing, no speaker, hom,
whistle, siren, bell, amplifier or other sound device, except such devices as may be used
exclusively for security purposes, shall be located, installed or maintained upon the exterior
of any Lot unless required by law or unless specifically approved by the ACe.
6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other
activities, including specifically, without limiting the generality of the foregoing, the
assembly of and disassembly of motor vehicles and other mechanical devices, which might
tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside
of homes or garages. Garage doors shall be kept closed at all times unless they are in use.
In addition, the storage of equipment, machinery, construction supplies or any similar
material on a Lot outside of the home and garage constructed thereon is strictly prohibited
except as required during the remodeling or refurbishing of improvements on such Lot and
then for not more than sixty (60) days.
6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior
antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of
the Community unless screened from view from the street without the prior written consent
of the ACe. Each Owner and Occupant acknowledges that this provision benefits all
Owners and Occupants and each Owner and Occupant agrees to comply with this provision
despite the fact that the erection of an outdoor antenna or similar device would be the most
cost-effective way to transmit or receive the signals sought to be transmitted or received.
6.15 No Obstruction of Easements. Catch basins and drainage areas are for the
purpose of natural flow of water only. No obstructions or debris shall be placed in these
areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location
and installation of drainage swales, storm sewers or storm drains. Declarant hereby
reserves for the benefit of Declarant and the Association and their respective successors
and assigns a perpetual easement across all Common Areas and Lots for the purpose of
maintaining or altering drainage and water flow. No structure, planting, or other material
shall be placed or permitted to remain upon any easement which may damage or interfere
with the installation and maintenance of any utilities, unless approved by the Board prior to
installation.
6.16 Sight Distance at Intersections. All property located at street intersections
shall be landscaped so as to permit safe sight across the street comers. No fence, wall,
hedge or shrub planting shall be placed or permitted to remain where it would create a
traffic or sight problem as determined by the ACC in its sole discretion.
6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air-
conditioning compressors, machinery, equipment and other similar items related to the
operation of the residence shall be located or screened so as to be concealed from view
from the street abutting the Lot on which such items are located. All rubbish, trash, and
garbage shall be regularly removed and shall not be allowed to accumulate. Trash,
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garbage, debris, or other waste matter of any kind may not be burned within the
Community.
6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines
changed except with the prior written approval of the Architectural Review Committee.
Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by
Declarant. Any such division, boundary line change, or re-platting shall not be in violation
ofthe applicable subdivision and zoning regulations.
6.19 Guns. The use of firearms in the Community is prohibited. The tenn
"firearms" includes without limitation BB guns, pellet guns, and firearms of all types.
6.20 Utilities. Except as may be pennitted by the ACC, no overhead utility lines,
including lines for cable television, shall be pennitted within the Community, except for
temporary lines as required during construction and except as such lines exist upon
recording of the plat of the Community or as required by utilities serving the Community.
6.21 Lighting. No colored lights (except holiday displays and yellow insect type
lights) shall be pennitted at any location within the Community. All exterior fixtures that
are attached to the home shall be of compatible design and materials of the home. Any
post mounted exterior fixtures shall be of compatible design and materials as the fixtures
attached to the home. No fixtures which illuminate and excessively glare onto any other
Lot shall be pennitted, and all exterior lights shall be screened to minimize impacts of light
and glare. No unshielded spot/floodlight fixtures are pennitted.
6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No
artificial vegetation, exterior sculpture, fountains, and similar items shall be pennitted in
the front yard of any Lot unless approved by the ACC.
6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by
the ACe. Mailboxes shall be attached only to stands provided and maintained by the
Association in designated locations.
6.24 Clotheslines. No exterior clotheslines of any type shall be pennitted upon
any Lot unless entirely screened from view from other Lots.
6.25 Exterior Security Devices. No exterior security devices, including,
without limitation, window bars, shall be pennitted on any residence or Lot. Signs placed
on the Lot or the exterior of the residence stating that such residence is protected by a
security system are pennissible.
6.26 Construction and Sale Period. So long as Declarant owns any property in
the Community for development and/or sale, the restrictions set forth in this Article 6 shall
not be applied or interpreted so as to prevent, hinder or interfere with development,
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construction and sales activities of Declarant or any builder or developer approved by
Declarant.
ARTICLE 7
INSURANCE AND CASUALTY LOSSES
7.1 Insurance Coverage. The Board of Directors or the duly authorized agent
of the Association shall have the authority to and shall obtain or cause to be obtained
insurance as follows:
7.1.1 The Board shall obtain insurance on all insurable buildings and,
where the Board deems there to be a reasonable risk, other substantial structures whether or
not such buildings or structures are located on the Common Areas and which the
Association is obligated to maintain. Insurance on buildings shall provide, at minimum,
fire and extended coverage, including vandalism and malicious mischief, and shall be in an
amount sufficient to cover the full replacement cost of any repair or reconstruction in the
event of damage or destruction from any such hazard. Insurance on other substantial
structures shall cover those risks deemed advisable by the Board and shall be in such
amounts as are deemed advisable by the Board. The Board may insure other types of
improvements, including entry monuments, landscaping, and the like, as it deems
advisable. With respect to such other improvements, the Board shall determine the risks to
be insured and the amounts of insurance to be carried.
7.1.2 The Board shall obtain a public liability policy applicable to the
Common Areas covering the Association and its members for all damage or injury caused
by the negligence ofthe Association or any of its members or agents, and, if reasonably
available, directors' and officers' liability insurance. The public liability policy shall have
a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise
determined by the Board.
7.1.3 The Board is hereby authorized to contract with or otherwise arrange
to obtain the insurance coverage required hereunder through the Declarant and to reimburse
Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to
purchase such insurance coverage for the benefit of the Association and the Owners upon
Declarant and the Association agreeing upon the terms and conditions applicable to
reimbursement by the Association for costs incurred by Declarant in obtaining such
coverage. Notwithstanding anything contained in this Declaration to the contrary, the
Board shall not be required to comply with the provisions of this Article if the Board has
contracted for or otherwise arranged to obtain the required insurance coverage through the
Declarant.
7.1.4 Premiums for all insurance shall be common expenses of the
Association. The policies may contain a reasonable deductible, and the amount thereof
shall not be subtracted from the face amount of the policy in determining whether the
insurance at least equals the full replacement cost.
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7.1.5 In the event insurance premiums in connection with the insurance
required by this Article 7 become prohibitively expensive, in the judgment ofthe Board,
the Board may with approval of seventy-five percent (75%) of the Total Association Vote
reduce the amount ofthe required insurance, self-insure itself, or discontinue the insurance
all together.
7.2 Policy Requirements. All such insurance coverage obtained by the Board
of Directors shall be written in the name ofthe Association, as trustee for the respective
benefited parties. Such insurance shall be governed by the provisions hereinafter set forth:
7.2.1 All policies shall be written with a company authorized to do
business in Washington.
7.2.2 Exclusive authority to adjust losses under policies obtained by the
Association shall be vested in the Association's Board of Directors; provided, however, no
Mortgagee having an interest in such losses may be prohibited from participating in the
settlement negotiations, if any, related thereto.
7.2.3 In no event shall the insurance coverage obtained and maintained by
the Association's Board of Directors hereunder be brought into contribution with insurance
purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried
by the Association shall be primary.
7.2.4 All casualty insurance policies shall have an inflation guard
endorsement and an agreed amount endorsement if these are reasonably available and all
insurance policies shall be reviewed annually by one or more qualified persons, at least one
of whom must be in the real estate industry and familiar with construction in the City of
Renton.
7.3 Other Insurance. In addition to the other insurance required by this
Article 7, the Board shall obtain worker's compensation insurance, if and to the extent
necessary to satisfy the requirements of applicable laws. The Board may, in its discretion,
obtain a fidelity bond or bonds on directors, officers, employees, and other persons
handling or responsible for the Association's funds, if reasonably available. The
Association shall obtain additional insurance coverage, if and to the extent necessary to
satisfy the requirements ofthe Federal Home Loan Mortgage Corporation, the Federal
National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S.
Department of Housing and Urban Development.
7.4 Individual Insurance. By virtue oftaking title to a Lot subject to the tenns
of this Declaration, each Owner acknowledges that the Association has no obligation to
provide any insurance for any portion of individual Lots, and each Owner covenants and
agrees with all other Owners and with the Association that each Owner shall at a minimum,
carry fire and extended coverage casualty insurance on the Lot and all structures
constructed thereon in an amount sufficient to cover the full replacement costs of any
repair or reconstruction in the event of damage or destruction from any such hazard.
19
7.5 Damage and Destruction -Insured by Association.
7.5.1 Immediately after damage or destruction by fire or other casualty to
all or any portion of any improvement covered by insurance written in the name of the
Association, the Board of Directors or its duly authorized agent shall proceed with the
filing and adjustment of all claims arising under such insurance and obtain reliable and
detailed estimates of the cost of repair or reconstruction of the damaged or destroyed
property. Repair or reconstruction, as used in this Section, means repairing or restoring the
property to substantially the same condition and location that existed prior to the fire or
other casualty, allowing for any changes or improvements necessitated by changes in
applicable building codes. The Board of Directors shall have the enforcement powers
specified in this Declaration necessary to enforce this provision.
7.5.2 Any damage or destruction to property covered by insurance written
in the name ofthe Association shall be repaired or reconstructed unless, within sixty (60)
days after the casualty, at least seventy-five percent (75%) of the Total Association Vote
otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as
a result of such damage or destruction, or reliable and detailed estimates of the cost of
repair or reconstruction, or both, are not made available to the Association within such
period, then the period shall be extended until such information shall be made available;
provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall
have the right to participate in the determination of whether damage or destruction shall be
repaired or reconstructed.
7.5.3 Ifthe damage or destruction for which the insurance proceeds are
paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the
cost thereof, the Board of Directors shall, without the necessity of a vote of the
Association's members, levy a special assessment against all Owners in proportion to the
number of Lots owned by such Owners. Additional assessments may be made in like
manner at any time during or following the completion of any repair or reconstruction. If
the funds available from insurance exceed the costs of repair or reconstruction or if the
improvements are not repaired or reconstructed, such excess shall be deposited to the
benefit of the Association.
7.5.4 In the event that it should be determined by the Association in the
manner described above that the damage or destruction shall not be repaired or
reconstructed and no alternative improvements are authorized, then and in that event the
property shall be restored to its natural state and maintained as an undeveloped portion of
the Community by the Association in a neat and attractive condition.
7.6 Damage and Destruction -Insured by Owners. The damage or
destruction by fire or other casualty to all or any portion of any improvement on a Lot shall
be repaired by the Owner thereof within seventy-five (75) days after such damage or
destruction or, where repairs cannot be completed within seventy-five (75) days, they shall
be commenced within such period and shall be completed within a reasonable time
thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and
20
remove all debris therefrom within seventy-five (75) days after such damage or destruction.
In the event of noncompliance with this provision, the Board of Directors shall have all
enforcement powers specified herein.
7.7 Insurance Deductible. The deductible for any casualty insurance policy
carried by the Association shall, in the event of damage or destruction, be allocated among
the Persons who are responsible hereunder, or be a common expense ofthe Association.
ARTICLES
CONDEMNATION
In the event of a taking by eminent domain of any portion of the Common Areas on
which improvements have been constructed, then, unless within sixty (60) days after such
taking, at least seventy-five percent (75%) ofthe Total Association Vote shall otherwise
agree, the Association shall restore or replace such improvements so taken on the
remaining land included in the Common Areas to the extent lands are available therefor.
The provisions of Section 7.5, above, applicable to Common Areas improvements damage,
shall govern replacement or restoration and the actions to be taken in the event that the
improvements are not restored or replaced.
ARTICLE 9
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of first Mortgages on Lots in
the Community. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other provisions contained therein.
9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first
Mortgage, who provides a written request to the Association (such request to state the
name and address of such holder, insurer, or guarantor and the Lot number, therefore
becoming an "eligible holder"), will be entitled to timely written report as to the current
status of said Lot with respect to the following:
9.1.1 Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Lot on which there is a first Mortgage held,
insured, or guaranteed by such eligible holder;
9.1.2 Any delinquency in the payment of assessments or charges owed by
an Owner of a Lot subject to the Mortgage of such eligible holdeL
9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall
be construed as giving any Owner or other party priority over any rights of the first
Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or
condemnation awards for losses to or a taking of the Common Areas.
21
9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage
encumbering such Owner's Lot.
9.4 V A/HUD Approval. As long as the Declarant has the right to appoint and
remove the directors ofthe Association and so long as the project is approved by the
U.S. Department of Housing and Urban Development ("HUD") for insuring or the
U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the
Community the following actions shall require the prior approval of the VA and/or HUD as
applicable: dedication of Common Areas to any public entity; mergers and consolidations;
dissolution of the Association, and material amendment of the Declaration, Bylaws or
Articles of Incorporation.
9.5 Applicability of Article 9. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, Bylaws, or Washington law for any of the acts set out in this Article.
9.6 Amendments by Board. Should the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently
delete any of their respective requirements which necessitate the provisions of this Article
or make any such requirements less stringent, the Board, without approval of the Owners,
may cause an amendment to this Article to be recorded to reflect such changes.
ARTICLE 10
EASEMENTS
10.1 Easements for Use and Enjoyment.
10.1.1 Every Owner of a Lot shall have a right and easement of ingress and
egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and
shall pass with the title to each Lot, subject to the following provisions:
10.1.1.1 the right of the Association to charge reasonable fees
for the use of any portion of the Common Areas, to limit the number of guests of
Lot Owners and tenants who may use the Common Areas, and to provide for the
exclusive use and enjoyment of specific portions thereof at certain designated times
by an Owner, his family, tenants, guests, and invitees;
10.1.1.2 the right of the Association to suspend the voting
rights of an Owner and the right of an Owner to use certain Common Areas for any
period during which any assessment against such Owner's Lot remains unpaid;
10.1.1.3 the right of the Association to borrow money for the
purpose of improving the Common Areas, or any portion thereof, or for
construction, repairing or improving any facilities located or to be located thereon,
and to give as security for the payment of any such loan a Mortgage conveying all
22
or any portion of the Common Areas; provided, however, the lien and encumbrance
of any such Mortgage given by the Association shall be subject and subordinate to
any rights, interests, options, easements and privileges herein reserved or
established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of
any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner
encumbering any Lot or other property located within the Community; and
10.1.1.4 the right of the Association to dedicate or transfer all
or any portion of the Common Areas subject to such conditions as may be agreed to
by the members of the Association. No such dedication or transfer shall be
effective unless an instrument agreeing to such dedication or transfer has been
approved by the affirmative vote of at least seventy-five percent (75%) of the Total
Association Vote; provided, however, that during the Development Period,
Declarant may, on its sole signature, dedicate or transfer portions of the Common
Areas, so long as such transfer or dedication does not materially and adversely
affect the Association or any Lot Owner.
10.1.2 Any Lot Owner may delegate such Owner's right of use and
enjoyment in and to the Common Areas and facilities located thereon to the members of
such Owner's family and to such Owner's tenants and guests and shall be deemed to have
made a delegation of all such rights to the Occupants of such Owner's Lot, ifleased.
10.2 Easements for Utilities. There is hereby reserved to the Declarant, the
Association and any utility providers designated by either the Declarant or the Association
blanket easements upon, across, above and under all property within the Community for
access, ingress, egress, installation, repairing, replacing, 'and maintaining all utilities
serving the Community or any portion thereof, including, but not limited to, gas, water,
sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be
expressly permissible for the Declarant, the Association, or the designee of either, as the
case may be, to install, repair, replace, and maintain or to authorize the installation,
repairing, replacing, and maintaining of such wires, conduits, cables and other equipment
related to the providing of any such utility or service. This easement shall be utilized so as
to not unreasonably interfere with improvements constructed upon any Lot and the building
envelope for any unimproved Lot. Should any party furnishing any such utility or service
request a specific license or easement by separate recordable document, the Board shall
have the right to grant such easement.
10.3 Easement for Maintenance. Declarant hereby expressly reserves a
perpetual easement for the benefit of the Association across such portions of the
Community, determined in the sole discretion of the Association, as are necessary to allow
for the maintenance required under Article 5. Such maintenance shall be performed with a
minimum of interference to the quiet enjoyment of Owner's property, reasonable steps
shall be taken to protect such property, and damage shall be repaired by the Person causing
the damage at its sole expense.
23
10.4 Easement for Entry Features. If Declarant installs an entry feature, there
is hereby reserved to the Declarant and the Association an easement for ingress, egress,
installation, construction, landscaping and maintenance of entry features and similar street-
scapes for the Community, as more fully described on the recorded subdivision plat for the
Community or any other recorded instrument, easement or conveyance. The easement and
right herein reserved shall include the right to cut, remove and plant trees, shrubbery,
flowers and other vegetation around such entry features and the right to grade the land
under and around such entry features.
10.5 Construction and Sale Period Easement. Notwithstanding any provisions
contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations,
design guidelines, and any amendments thereto, so long as Declarant owns any property in
the Community for development and/or sale, Declarant reserves an easement across all
Community property for Declarant and any builder or developer approved by Declarant to
maintain and carry on, upon such portion of the Community as Declarant may reasonably
deem necessary, such facilities and activities as in the sole opinion of Declarant may be
required, convenient, or incidental to Declarant's and such builder's or developer's
development, construction, and sales activities related to property described above,
including, but without limitation: the right of access, ingress and egress for vehicular and
pedestrian traffic and construction activities over, under, on or in the Community,
including, without limitation, any Lot; the right to tie into any portion of the Community
with driveways, parking areas and walkways; the right to tie into and/or otherwise connect
and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and
repair any device which provides utility or similar services including, without limitation,
electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed
or installed in, on, under and/or over the Community; the right to carry on sales and
promotional activities in the Community; and the right to construct and operate business
offices, signs, construction trailers, model residences, and sales offices. Declarant and any
such builder or developer may use residences, offices, or other buildings owned or leased
by Declarant or such builder or developer as model residences and sales offices. Rights
exercised pursuant to such reserved easement shall be exercised with a minimum of
interference to the quiet enjoyment of affected property, reasonable steps shall be taken to
protect such property, and damage shall be repaired by the Person causing the damage at its
sole expense. During the Development Period, this Section shall not be amended without
the Declarant's express written consent.
ARTICLE 11
GENERAL PROVISIONS
11.1 Enforcement. Each Owner and Occupant shall comply strictly with the
Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully
amended or modified from time to time, and with the covenants, conditions, and
restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After
notice and an opportunity to be heard by the Board of Directors or by a representative
designated by the Board, and in accordance with rules and regulations adopted by the
24
Board, the Board may levy reasonable fines for violations ofthe above (in addition to any
late charges that may be assessed in connection with the late payment of assessments or
other Association charges) in accordance with a previously established schedule adopted by
the Board and furnished to the Owners, which fines shall be collected as provided herein
for the collection of assessments. Failure to comply with this Declaration, the Bylaws or
the rules and regulations shall be grounds for an action to recover sums due for damages or
injunctive relief, or both, maintainable by the Board of Directors, on behalf of the
Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any
Owner to enforce any ofthe foregoing shall in no event be deemed a waiver of the right to
do so thereafter. The City of Renton shall have any and all authority to enforce this
Declaration with respect to the maintenance required in Section 5.1, including but not
limited to the maintenance of the stormwater detention and drainage facilities, wetland
tract, and private streets as shown on the plat.
11.2 Duration. This Declaration shall run with and bind the Community, and
shall inure to the benefit of and shall be enforceable by the Association or any Owner, their
respective legal representatives, heirs, successors, and assigns, perpetually to the extent
provided by law; provided, however, so long as and to the extent that Washington law
limits the period during which covenants restricting land to certain uses may run, any
provisions of this Declaration affected thereby shall run with and bind the land so long as
permitted by such law, after which time, any such provision shall be (a) automatically
extended (to the extent allowed by applicable law) for successive periods often (10) years,
unless a written instrument reflecting disapproval signed by the then Owners of at least
seventy-five percent (75%) ofthe Lots and the Declarant (so long as the Declarant owns
any property for development and/or sale in the Community) has been recorded within the
year immediately preceding the beginning of a ten (10) year renewal period agreeing to
change such provisions, in whole or in part, or to terminate the same, in which case this
Declaration shall be modified or terminated to the extent specified therein, except that the
maintenance responsibility under section 5.1 may not be eliminated without the approval of
the City of Renton; or (b) extended as otherwise provided by law. Every purchaser or
grantee of any interest (including, without limitation, a security interest) in any real
property subject to this Declaration, by acceptance of a deed or other conveyance therefor,
thereby agrees that such provisions of this Declaration may be extended and renewed as
provided in this Section.
11.3 Amendments.
11.3.1 This Declaration may be amended unilaterally at any time and from
time to time by Declarant (i) if such amendment is necessary to bring any provision hereof
into compliance with any applicable governmental statute, rule, or regulation or judicial
determination which shall be in conflict therewith; (ii) if such amendment is necessary to
enable any title insurance company to issue title insurance coverage with respect to the
Lots subject to this Declaration; (iii) if such amendment is required by an institutional or
governmental lender or purchaser of mortgage loans, including, for example, the Federal
National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable
such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this
25
Declaration; or (iv) if such amendment is necessary to enable any governmental agency or
private insurance company to insure or guarantee Mortgage loans on the Lots subject to
this Declaration; provided, however, any such amendment shall not adversely affect the
title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing.
Further, so long as Declarant owns any property for development and/or sale in the
Community, Declarant may unilaterally amend this Declaration for any other purpose;
provided, however, any such amendment shall not materially adversely affect the
substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot
without the consent of the affected Lot Owner. Notwithstanding the above, this Declaration
shall not be amended with respect to the maintenance requirements for the stormwater
detention and drainage facilities, wetland tract, or private roads as shown on the plat
without prior written approval from the City of Renton.
11.3.2 This Declaration may also be amended upon the affirmative vote or
written consent, or any combination thereof, of the Owners of at least seventy-five percent
(75%) ofthe Total Association Vote and the consent of Declarant (so long as the Declarant
owns any property for development and/or sale in the Community). Amendments to this
Declaration shall become effective upon recordation, unless a later effective date is
specified therein.
11.4 Partition. The Common Areas shall remain undivided, and no Owner nor
any other Person shall bring any action for partition or division of the whole or any part
thereof without the written consent of all Owners of all portions of the property located
within the Community and without the written consent of all holders of all Mortgages
encumbering any portion of the property, including, but not necessarily limited to, the Lots
located within the Community.
11.5 Gender and Grammar. The singular, wherever used herein, shall be
construed to mean the plural, when applicable, and the use of the masculine pronoun shall
include the neuter and feminine.
11.6 Severability. Whenever possible, each provision of this Declaration shall
be interpreted in such manner as to be effective and valid, but if the application of any
provision of this Declaration to any person or to any property shall be prohibited or held
invalid, such prohibition or invalidity shall not affect any other provision or the application
of any provision which can be given effect without the invalid provision or application,
and, to this end, the provisions of this Declaration are declared to be severable.
11. 7 Captions. The captions of each Article and Section hereof, as to the
contents of each Article and Section, are inserted only for convenience and are in no way to
be construed as defining, limiting, extending, or otherwise modifying or adding to the
particular Article or Section to which they refer.
11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other
provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule
against perpetuities, then such provisions shall continue only until twenty-one (21) years
26
after the death of the last survivor of the now-living descendants of the individuals signing
this Declaration.
11.9 Indemnification. To the fullest extent allowed by applicable Washington
law, the Association shall indemnify every officer and director against any and all
expenses, including, without limitation, attorneys' fees, imposed upon or reasonably
incurred by any officer or director in connection with any action, suit, or other proceeding
(including settlement of any suit or proceeding, if approved by the then Board of Directors)
to which such officer or director may be a party by reason of being or having been an
officer or director. The officers and directors shall not be liable for any mistake of
judgment, negligent or otherwise, except for their own individual willful misfeasance,
malfeasance, misconduct, or bad faith. The officers and directors shall have no personal
liability with respect to any contract or other commitment made by them, in good faith, on
behalf of the Association (except to the extent that such officers or directors may also be
members ofthe Association), and the Association shall indemnify and forever hold each
such officer and director free and harmless against any and all liability to others on account
of any such contract or commitment. Any right to indemnification provided for herein
shall not be exclusive of any other rights to which any officer or director, or former officer
or director, may be entitled. The Association may, at the discretion ofthe Board, maintain
adequate general liability and officers' and directors' liability insurance to fund this
obligation, if such coverage is reasonably available.
11.10 Books and Records. This Declaration, the Articles of Incorporation, the
Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership
register, books of account, and minutes of meetings of the members of the Board and of
committees shall be made available pursuant to reasonable procedures established by the
Board for inspection and copying by any member of the Association or by the duly
appointed representative of any member and by holders, insurers, or guarantors of any first
Mortgage at any reasonable time and for a purpose reasonably related to such Person's
interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the
Association or at such other reasonable place as the Board shall prescribe.
11.11 Financial Review. At least annually, the Board of Directors shall prepare,
or cause to be prepared, a financial statement of the Association. Upon written request of
any institutional holder of a first Mortgage and upon payment of all necessary costs, such
holder shall be entitled to receive a copy of such financial statement within ninety (90) days
of the date of the request.
11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases
such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective
date of such sale or lease, the name of the purchaser or lessee of the Lot and such other
information as the Board may reasonably require. Upon acquisition of a Lot each new
Owner shall give the Association, in writing, the name and mailing address of the Owner
and such other information as the Board may reasonably require.
27
11.13 Agreements. Subject to the prior approval of Declarant (so long as
Declarant owns any property for development and/or sale in the Community or has the
right to unilaterally annex additional property to the Community) all agreements and
determinations, including settlement agreements regarding litigation involving the
Association, lawfully authorized by the Board of Directors shall be binding upon all
Owners, their heirs, legal representatives, successors, assigns, and others having an interest
in the Community or the privilege of possession and enjoyment of any part of the
Community.
11.14 Implied Rights. The Association may exercise any right or privilege given
to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use
restriction or rule or regulation, and every other right or privilege reasonably to be implied
from the existence of any right or privilege given to it therein or reasonably necessary to
effectuate any such right or privilege.
11.15 Variances. Notwithstanding anything to the contrary contained herein, the
Board of Directors or its designee shall be authorized to grant individual variances from
any of the provisions of this Declaration, the Bylaws and any Design Guideline rule,
regulation or use restriction established pursuant thereto if it determines that waiver of
application or enforcement of the provision in a particular case would not be inconsistent
with the overall scheme of development for the Community.
11.16 Litigation. No judicial or administrative proceeding shall be commenced
or prosecuted by the Association unless approved by at least seventy-five percent (75%) of
the Total Association Vote. This Section shall not apply, however, to (i) actions brought
by the Association to enforce the provisions ofthis Declaration (including, without
limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as
provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation,
or (iv) counterclaims brought by the Association in proceedings instituted against it. This
Section shall not be amended unless such amendment is made by the Declarant pursuant to
Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same
procedures, necessary to institute proceedings as provided above.
EXECUTED the day and year first above written.
Owner:
~ {~~d4-
C. Thomas Foster (Declarant)
~ (C~ ta¥' C. Foster
~. ~~
Kellie C. cNett
28
State of Washington )
)ss.
County of King )
I certify that I know or have satisfactory evidence that C. Thomas Foster, Maryl C. Foster,
Gerald L. Stump and Kellie C. McNett are the persons who appeared before me, and said
persons acknowledged that they signed this instrument and acknowledged it to be their free
and voluntary act for the uses and purposes mentioned in the ins ent.
(Seal Or Stamp) Dated: ----==-J~!-j...-=--~~--
Notary for the State of
29
Kathy Keolker-Wheeler, Mayor
March 3, 2005
Tom Foster
Langley Development Group, Inc.
6450 Southcenter Blvd. Sutie #106
Seattle, WA 98188
Subject: Wetland' Requirements·
CITY~F RENTON
PlanningIBuildinglPublic Works Department
Gregg Zimmerman P.E., Administrator
Honey Brooke Div. III Final Plat, FileNo. LUA 04-067, ECF, PP
Dear Tom:
. Staff has reviewed the Final· Wetland' Mitigation Report and Compliance letter which are found acceptable.
In order, to complete this stage and begin the mandatory five-year monitoring program, the following must be .
submitted prior to recording of the final plat: . . .
. .
1. Cost Estimate: An estimate of the maintenance costs consistent with the requirements of RMC 4-8-
120D23eand 23fmust be submitted .. The contract for the work must ensure that "structures, improvements,
and' mitigation perform satisfactorily for a period of.s years". .
2. Maintenance Surety Device:. Once l~erfl-1 ha~ be.en siJbniitt~d to and approved by.the City, you may .
bring in your maintenance/monitoring surety device (Ie,tter of credit or irrevocable set aside letter -[a bond is
. NOT acceptable for. this purpose] see samples enclosecJ) totaling 125% of the cost of the· monitoring. and
. maintenance cost estimate is require~ to guarantee satisfactory performance for five years. The attached
Development Services Division Policy Decision details the City's position on maintenance and monitoring
security requirements.' . . .
Please send the required information" to my attention' and please copy all. correspondence to the. Project
Manager, Ameta Henninger. .
If you have questions" plea$e contact me at (425) 430-7382 or via email:sfiala@ci.renton.wa.us.
Z~~
Susan Fiala, AICP
Senior Planner
y
cc: Ameta Henninger
-'------}-O-55-S-o-u-th-O-r-ad-y-W-a-y---R-e-nt-o-n,-W-a-sh-j-ng-to-n-98-0-5-5------~ * This paper contains 50"10 recycled material, 30"10 post consumer AHEAD OF THE CURVE
, 4-3-050N
able to the City such as a letter of credit,
irrevocable set-aside letter or cash.
i. Amount of Performance Surety
Device: The device shall be in an
amount equivalent to one and one-
half (1-1/2) times the estimated cost
of the performance and with surety
and conditions sufficient to fulfill the
requirements of subsection M9 of
this Section, Compensating for Wet-
lands Impacts, and, in addition, to se-
cure compliance with other
conditions and Ijmitations set forth in
the permit. The. amount and the con-
ditions of the surety device shall be
consistent with the purposes of this
section. The amount of the security
can be modified to reflect more cur-
rent data, particularly a signed con-
tract.
ii. Breach of Conditions: In the
event of a breach of any condition of
any permit protected by a surety de-
vice, the City may institute an action
in a court of competent jurisdiction
upon such surety device and prose-
cute the same to judgment and exe-
cution.
iii. Release of Performance Se-
curity Device: Until such written re-
lease of the surety device, the
principal or surety cannot be re-
leased. The City shall release the
surety device upon determining that:
(1) All activities, including any
required compensatory mitiga-
tion, have been completed in
compliance with the terms and
conditions of the permit and the
requirements of this section; and
(2) Upon the posting by the ap-
plicant of a maintenance surety
device.
MainJeoance..t~~BeYJce,Bei",.i~
4Uii'.edfiThe City shall require the holder
of a development permit issued pursuant
to this section to post cash or other secu-
rity acceptable to the City such as letter of
credit or irrevocable set-aside letter in an
ount and with surety and conditions
suffici.ent to guarantee that structures,
improvements, and mitigation required
by the permit or by this section perform
satisfactorily for a minimum of five (5)
years after they have been completed.
The City shall release the maintenance
surety device upon determining that per-
formance standards established for eval-
uating the effectiveness and success of
the structures, improvements, and/or
compensatory mitigation have been sat-
isfactorily met for the required period. For
mitigation projects, the performance
standards shall be those contained in the
mitigation plan developed pursuant to
subsection M16 of this Section and ap-
proved during the permit review process.
The maintenance surety device applica-
ble to a compensation project shall not be
. released until the Department Adminis-
trator determines that performance stan-
dards established for evaluating the
I effect and success of the project have
been met.
\ ·_~Y.~~,~1~~'
N. ALTERNATES,MODIFICATIONS AND
VARIANCES:
1. Alternates:
a. Applicability: See RMC 4-9-250E.
2. Modifications:
a. Applicability: The Department Ad-
ministrator may grant modifications, per
RMC 4-9-25001, Application Time and
Decision Authority, in the following cir-
cumstances:
i. Aquifer Protection -Modifica-
tions: The Department will consider
modification applications in the fol-
lowing cases:
(1) The request is to find that a
standard is inapplicable to that
activity, facility, or development
permit due to the applicant's pro-
posed methods or location; or
(2) The request is to modify a
specific standard or regulation
due to practical difficulties; and~
(Revised 10/(0) 3 -20.40
~. , .. :.,.~,-"
~ . ..
IRREVOCABLE LEITER OF CREDIT
TO: City of Renton
Dear City of Renton:
_______ ...;..-________ ..,... Bank does hereby establish this Irrevocable
Letter of Credit in your favor for the account of
____________ inth~ amount of _____________ .DolJars,
available by your sight draftr drawn on this bank, at ____________ _
~ashington, accompanied by a statement from a responsible official stating the reasons why the draw-
down is taking place.
This credit shall at 12:00 p.m., __.---------
Signature:
Printed Name: .
Institution
Address
City, State, Zip
Telephone
Fax:
ASSIGNMENT OF FUNDS
TO THE CITY OF RENTON
APPLICANT: _________ _ BANK:
Owner. Branch:
Address: Address:
Phone: Phone:
FAX: FAX:
Attention: Attention:
Title: Title:
The above references bank hereby certifies that ____ ...,..-__________ --,.._
dollars ($ ) is on deposit in the account number ,
under the name of City of Renton, to secure the applicant's performance of the following work
required in connection with the plat or project described below.
Plat or Project ___________________________ _
Location/Address of Plat or Project, ____________________ _
The required work is generally described as follows:
The bank hereby certify and agrees that these funds will not be released without written
instructions from an authorized agent of the City of Renton (the City)~ We further agree that
these funds will be paid to the City within 10 days of receiving written notice that the City has
determined that the required work has not been properly performed. The bank-shall have no
duty or right to evaluate the correctness or appropriateness of any such "notice or determination
by the City and shall not interplead or in any manner delay payment of said funds to the City.
The applicant hereby agrees to this assignment of funds and that its obligation to perform the
required work is not limited to the amount of funds held by the bank.
This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant.
Applicant Bank:
Authorized Signature Authorized Signature
Name, Title Name, Title
Date Date
SET ASIDE LETTER
[Lender] has on deposit in
..
. Construction Loan # _____________ the sum of S _____ --..; _____ ~
__________________ to cover the construction of ________ _
Said funds will be disbursed only after __ --I.[~Ll:.!tn~du.e.:..r]L_. _______ _
has satisfied itself that the wQrk to be· paid for has actually been performed to the satisfaction
of· the City of R~nton, These funds set aside shall not be disbursed to the bprrower; ,a
.. contractor working for the borrower, or any third party without the prior written approval of .
the City of Renton and this loan shall Dot be terminated or 'all funds thereunder distributed
. . ....
without the prior approval of ·the City'of Renton. . .
In the event ____ --..;_--I.r.lo<O:...!.w~n~e:Lr..L] __ ------------fails to c.omplete and·
paY·for the improvements as'required by the City of Renton all funds remaining in said deposit . -.-..
shall be made available to the City of Renton to complete and pay for the cost of said
improvements.
Applicant Bank:
Au~horized Signature. Authorized Signature
Name, Title Name, Title
Date ' Date
February 7, 2005
Susan Fiala, AICP
Senior Planner
City of Renton
Public Works
1055 South Grady Way, 6th Floor
Renton, W A. 98055
Re: Honeybrooke Div. III, File Number LUA 04-067, FP
Wetlands Mitigation Report
To Whom It May Concern:
Please find attached our Final Wetlands Mitigation Report. The work for the Mitigation is
complete and was inspected by Jon K. Dueker our Wetlands Scientist. I have includes two
original copies and four copies for your file.
If there are any questions, please call Thomas Foster at 206-244-0122. Thank you for your
attention to this matter.
Sincerely,
Thomas Foster, President
Langley Development Group, Inc.
DEVELOPMENT PlANNING CITY OF RENTON
FEB - 8 2005-
RECEIVED
HONEYBROOK III WETLAND
MITIGATION COMPLIANCE
{
REP.ORT
Submitted to the City ofRent~n
February 2005
Honeybrook III Wetland Mitigation
Compliance Report
1. EXCUTIVE SUMMARY
As per the conditions stated in the addendum to the Wetland Assessment and Delineation
Report, a minimum of 191 square feet of wetland has been created. This created wetland
and its associated buffer is located as shown in Figure 1.
2. GOALS
The overall goal of this wetland mitigation is to establish a no net loss of wetlands on the
project site. The specific long-term goal of this mitigation plan is to create 191 square
feet of a scrub-shrub wetland, in the same drainage and within 100 feet of the wetland
impacted.
3. OBJECTIVES
• Expand the existing wetland habitat by the addition of a Palustrine scrub-
shrub portion to provide additional food chain support for amphibians and
avifauna.
• Maintain the base level of the water in the existing wetland.
• This small portion of created wetland and associated enhanced upland
buffer will provide nesting habitat for at least one species of birds within
5 years and will work as a wetland in the natural landscape. Upland
buffers around created wetland were planted with willow whips and
reseeded with native grasses.
• To provide for a no net loss of wetland function and acreage and enhance
the associated upland habitat.
4. METHODOLOGY
The 191 square feet of area was obtained by excavating the bank to a depth of30 inches
below the average wetland height. This area was then backfilled with a 6 inch layer of
bentonite clay and covered with organic soil. Due to the current low water level in the
pond it was decided to plant willow which is the dominant species on that end of the
pond. Fifty live stakes of Sitka willow were planted with approximately 2 foot spacing.
The entire planting area and the concomitant buffer were covered with a layer of straw
over non-invasive grass seed. Silt fencing was also placed along the buffer line to prevent
silt from entering the wetland. A split rail fence with appropriate wetland signage was
installed immediately after the streets had been built and all grading is complete.
1
/
/
/
/
/
/
7
3.5' SPLITRAIL FENCE
SURVEYED 02-01-05
TRACT A
\JLF P-l
EDGE OF WETLAND
SURVEYED IN 2002
HONEYBROOK III
WETLAND
coRE
\: . -/ DESIGN
PAGE
10F1
14711 NE 29th P'a~, #101
8e/levlJe, Washington 98007
425.885.7877 Fax 425.885.7963
ENGINEERING· PLANNING· SURVEYING
Jc)B NC>_ 02009
\,/LF
:~:
12
Permanent Photo Location
P-3
TED WETLAND (Approx.)
'~EDGE OF WATER
x
x
SURVEYED
02-01-05
SCALE: ," = 20' o 10 20 I I j
Figure 1. Created wetland and associated improved buffer.
5. AS-BUILT
This "as-built" report includes a drawing showing the created wetland location I and
photographs (photos 1-4) of the created wetland. A permanent photo point was
established and will be used for additional reports. Due to the shape and small size of the
mitigation wetland established transects will not be used. Instead, the monitoring
professional will inspect the entire wetland and take photos at the established photo point.
Monitoring: For the first 6 months following completion, the wetland will be
monitored by a qualified wetland biologist on a once per month schedule to assure
that the proper hydrology is present. Sprinklers will be used as needed during this
initial period to insure that the plants survive. The percent of planted materials
surviving, classified by condition (e.g. vigorous, living, stressed, dead) will be
recorded during the inspections.
Since fertilization of the wetland specimens during planting is not being done,
plant growth will be closely monitored to see if plants show signs of nutrient
deficiency. Application of a controlled-release pellet fertilizer would be done if
needed.
The wetland will be monitored and reports submitted twice during the second year
and annually after the second year for three additional growing seasons. These
reports will describe the degree of success obtained in survival and growth of the
plantings, the development of wildlife habitat and the functionality of the
hydrologic regime. At least 3, 4" xx 6", color photographs showing the entire
mitigation site, will be taken from the established photo-point. These photos will
be included in the semi-annual and annual reports.
As the surrounding homes are built the roof drains from the nearest two homes
will be conveyed to a spreader located near the created portion of the wetland.
The need for this action is based on the fact that the original pond was fed by
rainwater and storm water drainage from an existing house which has since been
removed.
Contingency Plan: Based on the results of the monitoring plan the need to initiate
contingency measures will be determined. Many factors, both man-made and
natural, could have a detrimental effect on the success of the created wetland and
associated buffer. Table 2 lists the wetland components and contingencies to
insure project success.
2
First Post-construction Photo Monitoring
Photo 1. Existing wetland with created wetland joining. Willow stakes
planted to edge of water.
Photo 2. Additional view of willow stakes, created wetland, and downed
woody debris.
Figure 3. Created wetland, upland butTer and rail fence from established photo
point.
Figure 4. Split rail fence and wetland signs.
Wetland Potential
Component Adverse
Effects
Hydrology Lack of
water
Excessive
water
Pollution
Soils Erosion
Vegetation Loss
Invasive
species
Disturbances Human
Wildlife
This report was submitted by:
Jon K. Dueker, C.W.B., P.W.S.
Consulting Biologist
Table 2. Contingencies
Contingency
Utilize sprinklers (temporary)
Convey roof drains from the nearest two homes.
Build up wetland and replant
Determine type and source. Corrective measures include
clean-up, biofiltratiort, and addition of filter fabric
Determination of cause will be established. Laying of fibrous
matting and transplanting of plants if necessary
While some mortality can be expected, plantings lost will be
replaced to insure minimum survival rate.
Excessive competition from invasive species will be reduced
through manual eradication. Herbicides would only be those
approved for use near aquatic areas. Replanting of wetland
vegetation would be done as necessary
Human and golf cart intrusion will be discouraged through
signage and fencing.
Depending on the type of disturbance, wire mesh cylinders
could be placed around individual or a series of plants.
3
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
MEMORANDUM
VWle.:tAtO ...... ____ .1-1 2005
Arneta Henninger
Susan Fiala x 7382 ~
Honeybrooke Div. III Final Plat • LUA 04·067 FP
The applicant has provided the required wetland cost estimate and maintenance surety device. Thus,
the wetland requirements have been met that are required prior to recording. I recommend approval.
Attachments
H:\Division.s\Develop.ser\Dev&plan.ing\PROJECTS\04-067 .Ameta\PlanninlL wetland _ finalok.doc
March 9,2005
Susan Fiala, SeniQr Planner
City of Renton
PlanninglBuilding/Public Works Department
1055 South Grady Way
Renton, W A. 98055
Re: Wetlands Maintenance, Honey Brooke Div. III
To Whom It May Concern:
The maintenance cost estimate for the wetlands enhancement for Honey Brooke Div. III is
$1000.00 or less as there was very little actual added area to the existing pond. We estimate that
this will also include the expense for monitoring by our wetlands biologist, Jon Dueker.
I have attached an Assignment of Bank Funds issued by Washington First International Bank
in the amount of $1250.00. This amount represents 125% of the estimated monitoring expense.
If there are any questions, please contact Thomas Foster at 206-244-0122. Thank you for your
attention to this matter.
Sincerely,
~~
Thomas Foster
Cc: Arneta Henninger
Developer:
Company:
Address:
Bank Contact:
Washington First International Bank
Northgate Office
9709 Third Avenue NE
Seattle, Washington 98115
ASSIGNMENT OF BANK ACCOUNT
Tom Foster
Langley Development Group, Inc.
6450 Southcenter Blvd. Suite # 1 06, Seattle, W A 98188
Paul Fong, Senior Vice President, Residential Lending
Phone: 206.528.9303 Fax: 206.528.2202
KNOW ALL MEN BY THESE PRESENTS that Washington First International Bank has been
authorized and directed by Tom Foster of Langley Development Group, Inc., hereinafter referred to as the
"Developer", to hold from the funds on deposit in Bank Account Number 0221001126 the sum of
$1,250, excluding all bank penalty charges, hereinafter referred to as the security/collateral value, for a
Maintenance Surety Device in the name of Langley Development Group, Inc., held for the City of
Renton.
In the event the City of Renton requires the liquidation of part or all of the above funds being held in bank
account, Washington First International Bank is hereby authorized and directed by the Developer to pay
the City of Renton such sums, within the limits of the amount held by the account, as determined by the
City of Renton, or its authorized designate, that are necessary and required by the Maintenance Surety
Device between the Developer and the City of Renton:
Further, Washington First International Bank will release from this Assignment, the amount(s) certified
by the City of Renton, or its designate, to the developer when such sums are so approved in writing or
five years from the date of this Assignment, which ever is the sooner.
The City of RentonJ. shall have first claim and priority on the security value in the above account in the
event of default of the of the monitoring and maintenance of the wetlands associated with Honey Brooke
Division III, as issued and covered by this Assignment.· It is further understood and agreed that the
aforesaid priory claim is paramount to all parties, including the developer, who agrees that the security
value of the balance thereof, shall be held available to satisfy such claim(s) by the City of Renton,
notwithstanding the termination of bank account agreement between Washington First International Bank
and depositor for any reason whatsoever.
Authorized Signatures:
Signed, sealed and dated this ? day of_.L...:..lo~u....:oo"",--__ ---:?,,=-_·_·· ,2005.
~.~~
Langley Development Group, Inc. Washington First Int'l B
By: Tom Foster By: Paul Fong
Its: President Its: Senior Vice President, R,< sidential Lending
March 9, 2005
Susan Fiala, Senior Planner
City of Renton
Planning/Building/Public Works Department
1055 South Grady Way
Renton, W A. 98055
Re: Wetlands Maintenance, Honey Brooke Div. III
To Whom It May Concern:
The maintenance cost estimate for the wetlands enhancement for Honey Brooke Div. III is
$1000.00 or less as there was very little actual added area to the existing pond. We estimate that
this will also include the expense for monitoring by our wetlands biologist, Jon Dueker.
I have attached an Assignment of Bank Funds issued by Washington First International Bank
in the amount of $1250.00. This amount represents 125% of the estimated monitoring expense.
If there are any questions, please contact Thomas Foster at 206-244-0122. Thank you for your
attention to this matter.
Sincerely,
Thomas Foster
YCc: Arneta Henninger
Developer:
Company:
Address:
Bank Contact:
Washington First International Bank
Northgate Office
9709 Third Avenue NE
Seattle, Washington 98115
ASSIGNMENT OF BANK ACCOUNT
Tom Foster
Langley Development Group, Inc.
6450 Southcenter Blvd. Suite #106, Seattle, WA 98188
Paul Fong, Senior Vice President, Residential Lending
Phone: 206.528.9303 Fax: 206.528.2202
KNOW ALL MEN BY THESE PRESENTS that Washington First International Bank has been
authorized and directed by Tom Foster of Langley Development Group, Inc., hereinafter referred to as the
"Developer", to hold from the funds on deposit in Bank Account Number 0221001126 the sum of
$1,250, excluding all bank penalty charges, hereinafter referred to as the security/collateral value, for a
Maintenance Surety Device in the name of Langley Development Group, Inc., held for the City of
Renton.
In the event the City of Renton requires the liquidation of part or all of the above funds being held in bank
account, Washington First International Bank is hereby authorized and directed by the Developer to pay
the City of Renton such sums, within the limits of the amount held by the account, as determined by the
City of Renton, or its authorized designate, that are necessary and required by the Maintenance Surety
Device between the Developer and the City of Renton:
Further, Washington First International Bank will release from this Assignment, the amount(s) certified
by the City of Renton, or its designate, to the developer when such sums are so approved in writing or
five years from the date of this Assignment, which ever is the sooner.
The City of Renton.1 shall have first claim and priority on the security value in the above account in the
event of default of the of the monitoring and maintenance of the wetlands associated with Honey Brooke
Division III, as issued and covered by this Assignment. It is further understood and agreed that the
aforesaid priory claim is paramount to all parties, including the developer, who agrees that the security
value of the balance thereof, shall be held available to satisfy such claim(s) by the City of Renton,
notwithstanding the termination of bank account agreement between Washington First International Bank
and depositor for any reason whatsoever.
Authorized Signatures:
Signed, sealed and dated this
~~~
Langley Development Group, Inc. Washington First Int'l Ba
By: Tom Foster By: Paul Fong
Its: President Its: Senior Vice President, ~ sidential Lending
Kathy Keolker-Wheeler, Mayor
CITY JF RENTON
PlanningIBuildinglPublic Works Department
Gregg Zimmerman P.E., Administrator
March 3, 2005
Tom Foster
Langley Development Group, Inc.
6450 Southcenter Blvd. Sutie #106
Seattle, WA 98188 .
Subject: Wetland Requirements'
Honey Brooke Div. III Final Plat File No. lUA 04-067, ECF, PP
Dear Tom:
Staff has reviewed the Final Wetland Mitigation Report and Compliance letter which are found acceptable.,
In ,order to complete this stage and begin the mandatory fivEryear monitoring program, the following must be
submitted prior to recording of the final plat: . . . .
1. Cost Estimate: An estimate of the maintenance costs consistent with the requirements of RMC .4-8-
120D23e and 23fmust be submitted. The contract for the work must ensure that "structures, improvements,
and mitigation perform satisfactorily for a period of 5 years".
2. Maintenance Surety Device: Once l~em1has b~erisubmitted to and approved by the City, you may
bring in your maintenance/monitoiing surety device:(Ie.tter;ofcredit or irrevocable set aside letter -[a bond is
NOT acceptable for. this purpose] see samples enclosecJ) totaling 125% of the cost of' the monitoring and
maintenance cost estimate is required to guarantee satisfactory performance·for five years.' The·attached
Development Services Division Policy Decision details the City's position on maintenance and monitOring
security reqUirements. .
Please send the required informationio my attention 'and please copy all correspondence to the Project
Manager, Ameta Henninger. .
If you have questions, pleCi$e contact me at (425) 430-7382 or viaemail:sfiala@cLrenton.wa.us.
~~~
Susan Fiala, AICP
Senior Planner
cc: Ameta Henninger
~.
-.,------l-O-SS-s-o-u-th-a-r-ad-y-W-a-y---R-en-t-on-,-W-a-sh-in-g-to-n-9-g-0-SS-------R E N TON * This paper contains 50% ..,qded material, 30% post consumer AHEAD OF THE CURVE
4-3'-050N
able to the City such as a letter of credit,
irrevocable set-aside letter or cash.
i. Amount of Performance Surety
Device: The device shall be in an
amount equivalent to one and one-
half (1-1/2) times the estimated cost
of the performance and with surety
and conditions sufficient to fulfill the
requirements of subsection M9 of
this Section, Compensating for Wet-
lands Impacts, and, in addition, to se-
cure compliance with other
conditions and limitations set forth in
the permit. The amount and the con-
ditions of the surety device shall be
consistent with the purposes of this
section. The amount of the security
can be modified to reflect more cur-
rent data, particularly a signed con-
tract.
ii. Breach of Conditions: In the
event of a breach of any condition of
any permit protected by a surety de-
vice, the City may institute an action
in a court of competent jurisdiction
upon such surety device and prose-
cute the same to judgment and exe-
cution.
iii. Release of Performance Se-
curity Device: Until such written re-
lease of the surety device, the
principal or surety cannot be re-
leased. The City shall release the
surety device upon determining that:
(1) All activities, including any
required compensatory mitiga-
tion, have been completed in
compliance with the terms and
conditions of the permit and the
requirements of this section; and
(2) Upon the posting by the ap-
plicant of a maintenance surety
device.
b. Maintenance Surety Device Re-
quired: The City shall require the holder
of a development permit issued pursuant
to this section to post cash or other secu-
rity acceptable to the City such as letter of
credit or irrevocable set-aside letter in an
amount and with surety and conditions
N. ALTERNATES,
VARIANCES:
1. Alternates:
2. Modifications:
a. Applicability:
ministrator may
RMC 4-9-25001,
Decision Authority, .'
cumstances:
i. Aquifer
tions: The
modification
lowing cases:,:
(1) The
standard
activity,
permit
posed
(Revised 10/00) 3 -20.40
(3) The reql
tent and purp
protection re~
Printed: 03-09-2005
Payment Made:
CITY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA04-067
03/09/2005 10:42 AM !Receipt Number: R0501190
Total Payment: 31,257.18 Payee: THOMAS FOSTER AND GARY
STUMP
Current Payment Made to the Following Items:
Trans Account Code Description
3021 303.000.00.345.85 Park Mitigation Fee
5045 304.000.00.345.85 Fire Mitigation-SFR
5050 305.000.00.344.85 Traffic Mitigation Fee
Payments made for this receipt
Amount
9,553.68
8,784.00
'12,919.50
Trans Method Description Amount,
Payment Check 1578 31,257 ;,18
Account Balances
Trans Account Code Description
3021 303.000.00.345.85 Park Mitigation Fee
5006 000.345.81.00.0002 Annexation Fees
5007 000.345.81.00.0003 Appeals/Waivers
5008 000.345.81.00.0004 Binding Site/Short Plat
5009 000.345.81.00.0006 Conditional Use Fees
5010 000.345.81.00.0007 Environmental Review
5011 000.345.81.00.0008 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 000.345.81.00.0013 Mobile Home Parks
5017 000.345.81.00.0014 Rezone
5018 000.345.81.00.0015 Routine Vegetation Mgmt
5019 000.345.81.00.0016 Shoreline Subst Dev
5020 000.345.81.00.0017 Site Plan Approval
5021 000.345.81.00.0018 Temp Use or Fence Review
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
5045 304.000.00.345.85 Fire Mitigation-SFR
5050 305.000.00.344.85 Traffic Mitigation Fee
5909 000.341.60.00.0024 Booklets/EIS/Copies
5941 000.341.50.00.0000 Maps (Taxable)
5954 604.237.00.00.0000 Special Deposits
5955 000.05.519.90.42.1 Postage
5998 000.231.70.00.0000 Tax
'Balance Due
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
January 20, 2005
Corey
Arneta Henninger X7298
HONEY BROOK III ASBUILTS
Attached are the AsBuilt prints for the above project. Please do a final inspection. You
may use this memo to note any comments, concerns or approval.
If you have any questions please call . /~j
Thank you. C.
cc: Kayren K
I:\memo.doc\cor
/' ,
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNINGIBUILDING/PUBLIC WORKS
MEMORANDUM
January 13, 2005
Bob Mac Onie
Sonja Fesser, Technical Services
Arneta Henninger, X7298 ft J:1
HONEY BROOKE III FINAL PLAT
LUA 04-067FP
FINAL REVIEW & APPROVAL FORM
If all concerns have been addressed and you recommend recording of the mylar, please
sign this memo below and return to me.
Thank you.
Approval:
Approval:
cc: YeIlow File
Name Title Date
1/19/05 r J
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
December 29,2004
Sonja F.
Susan F.
JanC.
Arneta Henninger X7298
HONEY BROOKE III FINAL PLAT
LUA 04-067
The applicant has made some revisions per the attached cover memo. Please
review and comment.
If you have any questions please call me.
Thank you.
cc: Kayren K.
I:\memo.doc\cor
Kathy Keolker-Wheeler, Mayor
CITY JF RENTON
City Clerk
Bonnie I. Walton
August 24, 2004
Gerald L. Stump anq Kellie C. McNett
C. Thomas and MarylC. foster
Langley Development Group, Inc ..
6450 SouthcentetBlvd., #106 .
Seattle, WA 98188
Re: ~oriey Brooke Division III Final Plat; File No. LUA.,;04-067
Dear Applicants:
. . . \ . . '. .
At the regular Council meeting of August 23, 2004; the Renton City Cbuncil approved the
referenced final plat by adopting"Resoluti6riNo: :371 i.·· Acop'y. of the resolution is enclosed
for your files.
If I can provide additional informatiorioLassi~tance,please feel free to contactme~
." . ," . : .
. Sincerely, .
Bonnie I. Walton
City Clerk
Enclosure
. .
. cc: Mayor Kathy Keolker,.Wheeler
Council President Don Persson
. Ameta Ii(!miinger,De~el~p~ent Servjces Division·
Core r>esign, Il1c., 14711NE 29~ PC Ste 101. Beilevue. WA98007
-lO-S-'-S-S-ou-:th-G-r-ad-:-"y-W:--a-y-. -R-en-to-n-, W:-a-s-hi-ng-to-n-9-g-0-SS-.-(4-2-S)-4-30--6-S-1 O-'-P-'AX-(4-'iS-)-43-0--6-S""'-16-. -~ * This pap~rcontains 50% recycled mat~rial. 30% post consumer AHEAD OF THE CURVE
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3711
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (HONEY BROOKE DIV. III; FILE NO. LUA-
04-067FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
of land as hereinafter more particularly described, located within the City of Renton, has been duly
approved by the PlanninglBuildinglPublic Works Department; and
WHEREAS, after investigation, the Administrator of the PlanninglBuildinglPublic Works
Department has considered and recommended the approval of the final plat, and the approval is
proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the PlanningIBuilding/Public Works
Department pertaining to ,the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
1
RESOLUTION NO. 3711
(The Jilroperty, consisting of approximately 4.42 acres, is located in the vicinity of
NE 5 St., Ilwaco Ave. NE, NE 5th PI. and Jericho Ave. NE)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the PlanninglBuildinglPublic Works
Department dated August 13,2004.
PASSED BY THE CITY COUNCIL this 23rd day of __ A---,u,--"9<...,;;u....;.S....:.t ___ ,, 2004.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 2 3 rd day of __ A_u--=9<.,...u_s_t _____ , 2004.
Kathy eolker-Wheeler, Mayor
Approved as to form:
RES.1066:8/18/04:ma
2
CORE DESIGN, INC.
BELLEVUE WA 98007
Legal Description
PARCEL 1:
RESOLUTION NO. 3711
EXHIBIT "A"
Core Project No: 02009
6/1/04
PARCEL A AND B OF LOT LINE ADJUSTMENT 20040304900004, ACCORDING TO THE
LOT LINE ADJUSTMENT THEREOF RECORDED MARCH 4, 2004 UNDER KING
COUNTY RECORDING NO. 20040304900004. EXCEPT ANY PORTION CONVEYED
UNDER RECORDING NO. 20040524000585, 20040524000586 AND 20040524000587.
TOGETHER WITH A NON-EXCLUSNE EASEMENT FOR INGRESS AND EGRESS AS
DELINEATED ON KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE
SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY
RECORDING NO. 7904120866.
PARCEL 2:
LOT 3 OF KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE SHORT
. PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO.
7904120866. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO.
20040524000587.
TOGETHER WITH A NON-EXCLUSNE EASEMENT FOR INGRESS AND EGRESS AS
DELINEATED ON KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE
SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY
RECORDING NO. 7904120866.
PARCEL 3:
THE EAST 150 FEET-OF;THE WEST 480 FEET OF THE NORTH 330 FEET OF THE
NORTHEAST QU~TER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 10, TOWNSIDP 23 NORTH, RANGE 5 EAST, W.M.IN KING
COUNTY, WASHINGTON;
TOGETHER WITH ADDITIONAL APPURTENANT REAL PROPERTY, WHICH
A TTACHED THERETO BY OPERATION OF LAW AS A RESULT OF DECREE OF COURT
QUIETING TITLE IN KING COUNTY SUPERIOR COURT CAUSE NO. 90-2-0038-9
ENTERED MARCH 19, 1992 AND THE CONTENTS OF SAID DECREE ARE EXPRESSLY
INCORPORATED HEREIN BY TillS REFERENCE TO DESCRIBE SAID ADDITIONAL
PARCEL.
TOGETHER WITH A NON-EXCLUSNE EASEMENT FOR INGRESS AND EGRESS OVER
THE SOUTH 30 FEET OF THE NORTH 360 FEET OF THE WEST 480 FEET OF SAID
SUBDNISION;
EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR THE
ROAD UNDER RECORDING NO. 3042808.
02009L07
JC>E3 NC>.
RESOLUTION NO. 3711
HONEY BROOK
OlV. 3
VlCINITY}JAP Noi TO SCAI.E
'.71',Nf,;l9t1i plef_. #HH
BeiJ."".t. WoJh~t~ 98007
.2$,8li5.7~?,7 F .•.•• ~5.SB.5.!9b3
0:2009.
,..
August 23, 2004
Public Works: Fitness Room,
Maintenance Shops
CAG: 02-177, Fire Station #12
Construction, E Kent
Halvorson
Postponed
Consent Agenda Item S.h.
CAG: 04-098, Airport Apron
C Utilities Electrical
Conversion, Pote1co Inc
RESOLUTIONS AND
ORDINANCES
Resolution #3711
Plat: Honey Brooke Division
Ill, NE 5th St, FP-04-067
Renton City Council Minutes Page 290
The Administration also recommended that the City Council allocate $116,016
from unallocated fund balance in the General Fund among the individual
department's budgets to cover the additional costs of these reclassifications. *
Councilman Corman said the Finance Committee concluded that the
reclassifications were held in abeyance by the previous Adminstration, and the
correct action is to apply these reclassifications retroactively.
*MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN
THE COMMmEE REPORT. CARRIED.
Mayor Keolker-Wheeler thanked Council for approving the reclassifications as
presented, and noted that the funds were set aside at the first of the year from
the ending fund balance.
Finance Committee Chair Corman presented a report recommending
concurrence in the staff recommendation to approve the reprogramming of
$25,000 from nine accounts to pay for the creation of a fitness room above the
garage at the Planning/BuildinglPublic Works Maintenance Shops. MOVED
BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Finance Committee Chair Corman presented a report regarding the completion
of the Fire Station #12 construction project (CAG-02-177). The Committee
concurred in the staff recommendation to authorize the Administration to
approve the final pay application, to accept the completed project, and to start
the 60-day lien period. After the 60-day period, the retained amount of
$166,912.92 will be released to E. Kent Halvorson, Inc., contractor, upon
verification that all taxes have been paid and all liens resolved. MOVED BY
CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Having been postponed until the end of Unfinished Business, the
recommendation to approve Consent Agenda item 8.b was now again before
Council:
City Clerk reported bid opening on 8/18/2004 for CAG-04-098, Airport Apron
C Utilities Electrical Conversion; three bids; engineer's estimate $393,605.76;
and submitted staff recommendation to award the contract to the low bidder,
Pote1co, Inc., in the amount of $360,372.69.
Ms. Palmer explained that the funding for the project needed to be approved
(see page 288) before going forward with the award of the contract. MOVED
BY PALMER, SECONDED BY BRIERE, COUNCIL APPROVE CONSENT
AGENDA ITEM 8.b. AS PRESENTED. CARRIED.
The' following resolutions were presented for reading and adoption:
A resolution was read approving the Honey Brooke Division III Final Plat;
approximately 4.42 acres located in the vicinity ofNE 5th St., Ilwaco Ave. NE,'
NE 5th Pl., and Jericho Ave. NE (FP-04-067). MOVED BY BRIERE,
SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
August 23,2004
Plat: Honey Brooke Division
III, NE 5th St, FP-04-067
Finance: Bond Issuance,
Water, Sewer & Stormwater
Projects
Transportation: Commute Trip
Reduction Program Services,
King County
CAG: 04-033, Monster Rd
Bridge Inspection Services,
INCA Engineers
Airport: AT&T Lease,
Addendum #3, Fiber Optic
Line, PAG-87-001
Utility: Water System
Emergency Power Study,
Casne Engineering
Added
CORRESPONDENCE
Citizen Comment: Brosrnan -
Pet License Penalty Fees
UNFINISHED BUSINESS
Transportation (Aviation)
Committee
Streets: Rename SW 41st St to
SWIKEA Way
Renton City Council Minutes Page 287
Development Services Division recommended approval, with conditions, of the
Honey Brooke Division III Final Plat; 22 single-family lots on 4.42 acres
located in the vicinity ofNE 5th St., ilwaco Ave. NE, NE 5th PI., and Jericho
Ave. NE (FP-04-067). Council concur. (See page 290 for resolution.)
Finance and Information Services Department recommended the issuance of
$10,000,000 of Water and Sewer Revenue Bonds, 2004, for water, sewer, and
stormwater construction projects. Refer to Finance Committee.
Transportation Systems Division recommended approval of an agreement in the
amount of $36,342 with King County Department of Transportation to provide
Commute Trip Reduction (CTR) services to 22 affected employers in the City
of Renton for 2004-2005. Council concur. (See page 291 for resolution.)
Transportation Systems Division recommended approval of a contract
supplement in the amount of $69,794.02 with INCA Engineers, Inc., to conduct
inspection services for the Monster Rd. Bridge repair. Council concur.
Transportation Systems Division recommended approval of Addendum #3 to
PAG-87-001, AT&T's lease for its fiber optic line that runs through the Airport,
to extend the time period of the lease to 10/3112012 and to increase the rental
rate from $0.30 to $0.3473 per square foot per year. Revenue generated is
$10,533.14 annually. Refer to Transportation (Aviation) Committee.
Utility Systems Division recommended approval of an agreement in the amount
of $16,056 with Casne Engineering, Inc. to conduct a water system emergency
power study that looks at providing Wells 1,2, and 3, Mt. Olivet Booster Pump
Station, and North Talbot Booster Pump Station with dedicated emergency
power supply. Approval was also sought to fund this project through the
Emergency Response Plan Update project budget. Council concur.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED WITH THE REMOVAL OF
ITEM 8.b. CARRIED.
MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL POSTPONE
ACTION ON ITEM 8.b., AIRPORT APRON C UTILITIES PROJECT
CONTRACT, UNTIL THE END OF UNFINISHED BUSINESS. CARRIED.
(See page 290 for item 8.b.)
At the request of Councilman Corman, a letter was read from Larry Brosman,
3625 NE 9th St., Renton, 98056, asking for a reduction in the penalty fee from
$250 to $100 for cats not wearing a pet license.
Councilman Corman questioned the current pet licensing and penalty
procedures. Mayor Keolker-Wheeler informed that this correspondence has
, been referred to the Administration. She suggested that Council wait for the
response, and then determine if the matter should be referred to committee for
discussion as to whether to change City Code.
Transportation (Aviation) Committee Chair Palmer presented a report regarding
the proposed street name change of SW 41st St. to SW IKEA Way. The
Committee evaluated issues surrounding the proposed name change. Business
response was mixed and almost evenly divided. Additionally, discussions with
the Washington State Department of Transportation (WSDOT) concluded that
WSDOT could not change the sign on SR-167 unless the street name was
formally changed for the full length of the street.
> CITY OF RENTON COUNCll., AGENDA Bll.,L
Submitting Data: PlanninglBuildinglPublic Works
DeptlDivlBoard .. Development Services Division
Staff Contact.. .... Ameta Henninger X7298
Subject:
HONEY BROOKE DIV. III FINAL PLAT
File NO.: LUA 04-067FP (Preliminary Plat LUA 02-
068)
Exhibits:
1. Resolution and legal description
2. Staff report and Recommendation Aug. 13, 2004
Recommended Action:
Council concur
Fiscal Impact: N/ A
Expenditure Required ...
Amount Budgeted .......
Total Project Budget
SUMMARY OF ACTION:
I AI#: ~. d·
For Agenda of: August 23, 2004
Agenda Status
Consent. ............. X
Public Hearing ..
Correspondence .. Ordinance .............
Resolution ........... .x
Old Business ........
New Business .......
Study Sessions ......
Information .........
Approvals:
Legal Dept. ........ X
Finance Dept. .... .
Other ............. ..
Transfer/Amendment. ..... .
Revenue Generated .........
City Share Total Project..
The recommendation for approval of the referenced final plat is submitted for Council action.
This final plat subdivides 4.42 acres into 22 single family residential lots with sanitary sewer,
storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and
construction of utilities, lighting and pavement will be approved, accepted or deferred (and a
security device posted) as required through the Board of Public Works prior to recording the plat.
All conditions placed on the preliminary plat by the City of Renton will be met prior to recording
the plat.
STAFF RECOMMENDATION:
Approve the Honey Brooke Div. III Final Plat, LUA 04-067FP, with the following conditions and
adopt the resolution.
1. All plat fees shall be paid prior to recording the plat.
2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff
prior to recording the plat..
C:\Documents and Settings\mpetersen\Local Settings\Temp\AGNBHONEYBROOKIII.doc/
warren oaroer ~ ron~es
CITY OF RENTON, WASHINGTON
RESOLUTION NO. __ _
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (HONEY BROOKE DIV. m; FILE NO. LUA-
04-067FP).
r. ~.)/l::Jb
WHEREAS, a petition for the approval of a fina1 plat for the subdivision of a certain tract
ofland as hereinafter more particularly describe~ located within the City of Renton, has been duly
approved by the P1anning/BuildinglPublic Works Department; and
WHEREAS, after investigation, the Administrator of the PJanninglBuildinglPublic Works
Department has considered and recommended the approval of the :final plat, and the approval is
proper and advisable and in the public interest; and
WHEREAS, the City Council has detennined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION ll. The final plat approved by the PlanninglBuildinglPublic Works
Department pertaining to the fol1owing descnbed real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
1
WClI I C I I ~Ol V C I (,.)0. I U I I l. t:' ~
RESOLUTION NO. __ _
(The groperty, consisting of approximately 4.42 acres, is located in the vicinity of
NE 5 St., Ilwaco Ave. NE, NE 5th PL and Jericho Ave. NE)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the PlanningIBuildinglPublic Works
Department dated August 13,2004.
PASSED BY THE CITY COUNCIL this ___ day of _______ , 2004.
Bonnie I. Walton, City Clerk
APPROVED BY TIffi MAYOR this ___ day of ________ ---', 2004.
Kathy KeoIker-Wheeler, Mayor
Approved as to fonn:
Lawrence J. Warren, City Attorney
RES.1066:8118/04:ma
2
RUG-18-2004 14:~4
CORE DES1GN. INC.
BELLEVUE WA 98007
Legal Description
PARCEL 1:
Warren tiaroer & rontes
EXHIBIT "A"
Core Project No: 02009
6/1/04
PARCEL A AND B OF LOT LINE ADJUSTMENT 20040304900004, ACCORDING TO TIIE
LOT LINE ADJUSTMENT THEREOF RECORDED MARCH 4,2004 UNDER KING
COUN1Y RECORDlNG NO. 20040304900004. EXCEPT ANY PORTION CONVEYED
UNDERRECORDlNG NO. 20040524000585, 20040524000586 AND 20040524000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR lNGRESS AND EGRESS AS
DELINEATED ON KlNG COUNTY SHORT PLAT NO. 776004, ACCORDlNG TO THE
SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUN1Y
RECORDING NO. 7904120866.
PARCEL 2:
LOT 3 OF KWG COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE SHORT
PLAT THEREOF RECORDED APRJL 12, 1979 UNDER KING COUNTY RECORDING NO.
7904120866. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO.
20040524000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS
DELlNEA TED ON KING COUNTY SHORT PLAT NO. 776004, ACCORDlNG TO THE
SHORT PLAT TlffiREOF RECORDED APRlL 12, 1979 UNDER KING COUNlY
RECORDING NO. 7904120866.
PARCEL 3:
THE EAST 150 FEET OF THE WEST 480 FEET OF THE NORTH 330 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION \ 0, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KING
COUNTY, WASHINGTON;
TOGETHER WITH ADDITIONAL APPURTENANT REAL PROPERTY, WHTCH
ATTACHED THERETO BY OPERATION OF LAW AS A RESULT OF DECREE OF COURT
QUIETING TITLE IN KING COUNTY SUPERIOR COURT CAUSE NO. 90-2-0038-9
ENTERED MARCH 19, 1992 AND THE CONTENTS OF SAID DECREE ARE EXPRESSLY
INCORPORATED HEREIN BY THIS REFERENCE TO DESCRIDE SAID ADDITIONAL
PARCEL.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER
THE SOUTH 30 FEET OF TIIE NORTH 360 FEET OF THE WEST 480 FEET OF SAID
SUBDMSION;
EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KlNG COUN1Y FOR THE
ROAD UNDER RECORDlNG NO. 3042808.
02009L07
WO,·,·t:'II Ddf'Ut;:,' 0. rUfll.C"::::'>
JO·S NO.
HONEY BROOK
·O/V. ..J
VICINITY MAP
NbT TO SCAI.£
tiT I , NN"h n..",. II Ii)'
;.~'."" •• W"",f.",."", OJlCf(l1
'''~'''.'lI';' 'I'.' ~'S.S,~.,g~,
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TOTRL P.06
DEVELOPMENT SERVICES DIVISION
BUILDINGIPLANNINGIPUBLIC WORKS
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT:
LOCATION:
SUMMARY OF REQUEST:
RECOMMENDATION:
C. Thomas Foster
Honey Brooke Div. ill Final Plat
(Preliminary Plat LUA 02-068PP)
File: LUA 04-067FP
NE 5th St, Ilwaco Ave NE, NE 5th PI, Jericho
AveNE
Section 10, Twp. 23 N. Rng. 5 E.
Final Plat for 22 single family residential lots
with sewer, storm, streets and lighting.
Approve With Conditions
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the record documents in this matter, staff now makes and enters the following:
FINDINGS:
1. The applicant, C. Thomas Foster, filed a request for approval of a 22 lot Final Plat.
2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA)
documentation and other pertinent materials was entered into the record as Exhibit No.1.
3. The Environmental Review Committee (ERC), the City's responsible official, issued a
Determination of Non-Significance-Mitigated on July 2,2002, for the subject proposal.
4. The subject proposal was reviewed by all departments with an interest in the matter.
5. The subject site is located at NE 5th St, Ilwaco Ave NE, NE 5th PI, Jericho Ave NE. The new
plat is located in Section 10, Twp. 23 N. Rng. 5 E.
6. The subject site is a 4.42 acre parcel.
7. The Preliminary Plat received City of Renton Council approval on November 4,2002.
8. The property is located within the R-8 zoning designation (single family - 8 dwelling units/acre).
9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan.
10. The Preliminary Plat was subject to a number of conditions as a result of both environmental
review and plat review. The applicant has complied with the conditions imposed by the ERe:
1. The applicant shall be required to adhere to the recommendations contained within the
Geotechnical Evaluation Report prepared by GeoSpectrum Consultants, Inc., dated January
11, 2002, with regard to site preparation, grading, structural fill and foundations.
This measure will be met by the completion of construction of the approved engineering.
2. The applicant shall install a siltfence along the down slope perimeter of the area that is to be
disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall
be constructed in conformance with the specifications presented in of the 1998 King County
Surface Water Design Manual. This condition will be required during the construction of
both off-site and on-site improvements as well as building construction.
This measure has been met by action taken by the developer and the completion of
construction of the approved engineering plans.
3. Shallow drainage swales shall be constructed to intercept surface water flow and route the
flow away from the construction area to a stabilized discharge point. Vegetation growth
shall be established in the ditch by seeding or placing sod. Depending on site grades, it may
be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow
rates. The design and construction of drainage swales shall conform to the specifications
presented in the 1998 King County Surface Water Drainage Manual. Temporary pipe
systems can also be used to convey storm water across the site. This will be required during
the construction of both off-site and on-site improvements as well as building construction.
This measure is being met by action taken by the developer and by the completion of
construction of the approved engineering plans.
4. The project contractor shall perform daily review and maintenance of all erosion and
sedimentation control measures at the site during the construction of both off-site and on-site
improvements as well as building construction.
This measure is being met by action taken by the developer.
5. Weekly reports on the status and condition of the erosion control plan with any
recommendations of change or revision to maintenance schedules or installation shall be
submitted by the project Engineer of record to the Public Works Inspector for the
construction of the civil improvements of the plat. Certification of the installation,
maintenance and proper removal of the erosion control facilities shall be required prior to
recording of the plat.
This measure will be met by action of the developer.
6. The applicant shall comply with the recommendations contained within the Wetland
Assessment and Delineation Report was prepared by Shaw Environmental Inc., dated May
2002 and approved supplements.
This measure is being met by action taken by the developer and by the completion of
construction of the approved engineering plans.
7. The applicant shall provide an acceptable compensation on-site for impacts to the off-site
wetland (Wetland B). Acceptable mitigation would include the appropriate buffer requirement
and restoration, creation, or combined enhancement to Wetland A to offset any impacts of
development to Wetland B. The satisfaction of this requirement is subject to the review and
2
HONEYBROOKEIIIFP.DOCI
approval of the Development Services Project Manager prior to issuance of construction
permits.
This measure is being met by action taken by the developer and by the completion of
construction of the approved engineering plans.
8. The applicant shall be required to install silt fencing with brightly colored construction flags
to indicate the boundaries of the wetland area and buffer prior to the issuance of construction
permits.
Silt fencing has been installed.
9. The applicant shall be required to install a split-rail fence or other approved barrier along
the entire edge of the wetland buffer to denote the critical area prior to recording of the final
plat.
This measure is being met by action taken by the developer and by the completion of
construction of the approved engineering plans.
10. The applicant shall be required to design the project according to the 1998 King County
Surface Water Manual Level 2 Flow Control.
The approved plans have been designed according to the 1998 King County Surface
Water Manual Level 2 Flow Control.
11. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per
new single family residential lot prior to the recording of the final plat
These fees shall be paid prior to the recording of the final plat.
12. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new
average daily trip associated with the project prior to the recording of the final plat.
These fees shall be paid prior to the recording of the final plat.
13. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of$530. 76 per
each new single family home prior to the recording of the final plat.
These fees shall be paid prior to the recording of the final plat.
11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary
Plat:
1. The proposed private street shall provide access to Lots 19 through 22 via one driveway off
of Ilwaco Avenue NE. The location of the single family residences' garages for Lots 19
through 22 shall be designed with an adequate turning area to provide direct access to the
private street. This requirement shall be noted on the face of the final plat.
This has been noted on the final plat.
2. The applicant shall obtain a demolition permit and complete all inspections and approvals
for demolition of all outbuildings located on the property. The satisfaction of this requirement
is subject to the review and approval of the Development Services Project Manager prior to
the recording of the final plat,
This condition shall be met by action take by the developer and the City of Renton.
3. A homeowner's association or maintenance agreement shall be created concurrently with the
recording of the final plat in order to establish maintenance responsibilities for all shared
3
HONEYBROOKEIIIFP,DOC/
improvements. A draft of the document(s), if necessary, shall be submitted to the City of
Renton Development Services Division for review and approval by the City Attorney and
Property Services section prior to recording of the final plat.
This condition shall be met by action take by the developer and the City of Renton, a
note has been added to the final plat with space provided to reference the Recording
No.'s.
4. The applicant shall comply with the conditions imposed by the ERC.
The applicant has complied with the conditions imposed by the ERC.
5. The applicant shall provide" a turnaround acceptable to the Fire Department.
This condition shall be met by the completion of construction of the site improvements
according to the approved engineering plans.
6. Signs should be posted that prominently note that the stub roads or cul-de-sac will eventually
create a roadway or roadways with through traffic.
This condition shall be met by action taken by the developer and the completion of
construction of the site improvements according to the approved engineering plans.
The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and
therefore should be approved by the City Council.
RECOMMENDATION:
The City Council should approve the Final Plat with the following conditions:
1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior
to the recording of the plat.
2) All fees shall be paid prior to the recording of the plat.
SUBMITTED TIllS 13TH DAY OF AUGUST, 2004
4
HONEYBROOKEIIIFP.DOC/
/I~ ,
DEVELOPMENT SERVI~
CORE DESIGN, INC.
BELLEVUE WA 98007
Legal Description
PARCEL 1:
EXHIBIT "A"
Core Project No: 02009
6/1/04
PARCEL A AND B OF LOT LlNE ADmSTMENT 20040304900004, ACCORDING TO THE
LOT LlNE ADmSTMENT THEREOF RECORDED MARCH 4, 2004 UNDER KING
COUNTY RECORDING NO. 20040304900004. EXCEPT ANY PORTION CONVEYED
UNDER RECORDING NO. 20040524000585, 20040524000586 AND 20040524000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS
DELlNEATED ON KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE
SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY
RECORDING NO. 7904120866.
PARCEL 2:
LOT 3 OF KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE SHORT
PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO.
7904120866. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO.
20040524000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS
DELlNEATED ON KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE
SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY
RECORDING NO. 7904120866.
PARCEL 3:
THE EAST 150 FEET OF THE WEST 480 FEET OF THE NORTH 330 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 10, TOWNSHlP 23 NORTH, RANGE 5 EAST, W.M. IN KING
COUNTY, WASHINGTON;
TOGETHER WITH ADDITIONAL APPURTENANT REAL PROPERTY, WHICH
ATTACHED THERETO BY OPERATION OF LAW AS A RESULT OF DECREE OF COURT
QUIETING TITLE IN KING COuNTY SUPERIOR COURT CAUSE NO. 90-2-0038-9
ENTERED MARCH 19, 1992 AND THE CONTENTS OF SAID DECREE ARE EXPRESSLY
INCORPORATED HEREIN BY THIS REFERENCE TO DESCRIBE SAID ADDITIONAL
PARCEL.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER
THE SOUTH 30 FEET OF THE NORTH 360 FEET OF THE WEST 480 FEET OF SAID
SUBDIVISION;
EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR THE
ROAD UNDER RECORDING NO. 3042808.
02009L07
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HONEY BROOK
DIV. III
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, . ~o'rfi~e 6,qhe. C}tyAtto1n7Y ". ,
" I' . . ... , .,' ' .. Lawrence J: WQrren
-' .' .• , . ·t •... ' . , :,", .', . Kathy Keolker"Wheeler, Mayor···· .. , .
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;. '\ .,: . ... , Assi~tarit.City :Attorneys , . :. Mark Barber
. :-Zarietta L. Fonte~ .","
J .• ' Ann, S, ~iels~n' ...
'. Sastia P. Alessi .
, ' Whitney A.Fauikne·r' ," ..
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Declaration o£Covenants; Conditions and RestrictionS ,~UG ~"" ',', \'. ~oney gr6bk~ Di~.~Iil,~i11afPlaf'.:·' .' ..., :~';~ ';L6\NG'O\'J.\$~~N_: '"
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.. The' CC&Ws'~e approved With one .suggest~d'~harige~·.
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Section 5.1 may not-be' eijmm~ted:without the approval 0 City of Renton". , ' , ' ". ' . ,
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CITY OF RENTON
PLANNING / BUILDING / PUBLIC WORKS
MEMORANDUM
Date: August 13, 2004
To: City Clerk's Office
From: Patrick Roduin
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office.
Project Name: Honey Brooke Phase III Final Plat
LUA (file) Number: LUA-04-067, FP
Cross-References:
AKA's:
Project Manager: Arneta Henninger
Acceptance Date: June 18, 2004
Applicant: Foster C. Thomas
Owner: Foster C. Thomas
Contact:
PID Number: 1023059013, 1023059025, 1023059033
ERC Decision Date:
ERC Appeal Date:
Administrative Approval:
Appeal Period Ends:
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: Final plat to subdivide 4.42 acres into 22 single-family lots. The plat includes
the installation of sanitary sewer mains, storm drainage, sidewalks, street lighting and street
paving.
Location: 5107 & 5212 NE 5th Place
Comments:
, .
City of Renton InterOffice Memo
To:
From:
Date:
Subject:
Larry Warren, City Attorney
Ameta Henninger 1\ ~
August 13, 2004
Honey Brooke Div. ill Final Plat
LUA 04-067FP
Attached for your action are a copy of the agenda Bill and a draft version Resolution for the
Honey Brooke Div. ill Final Plat. The proposed date for consideration by the Council is August
23,2004.
If I may be of assistance in expediting this request please call me at 430-7298. Thank you.
cc: Kayren Kittrick
Yellow File LUA 04-067FP
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNINGIBUlLDINGIPUBLlC WORKS
MEMORANDUM
August 5, 2004
BobMacOnie
Sonja Fesser, Technical Services
Arneta Henninger, X7298 A.(r{
HONEY BROOKE PHASE III FINAL PLAT
LUA 04-067FP
NE 5TH ST, ILWACO AVE NE, NE 5TH PL
FINAL REVIEW & APPROVAL FORM
If all concerns have been addressed and you recommend recording of the mylar, please
sign this memo below and return to me.
Thank you.
Approval:
Name Title Date
Approval: u6'£;1~1~. I3~QC>tb ) ~1c(04
Name Date
cc: Yellow File
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DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
August 4, 2004
Ameta Henninge~~
Sonja J. Fesser .yt
Honey Brooke Div. III, LUA-04-067-FP
Format and Legal Description Review
Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the
following comments:
Comments for the Applicant:
Complete City of Renton Monument Cards, with reference points of all new right-of-way
monuments set as part of the plat.
The Declaration of Covenants. Conditions and Restrictions for the Plat of Honey Brooke Div. III
document states that the lots encumbered by said document will be Lots 1 through 8, inclusive
(Article 2, PROPERTY SUBJECT TO THIS DECLARATION). Why are Lots 9 through 22,
inclusive, not subject to said document?
Comments for the Project Manager:
Does the city need "ACCESS EASEMENT' and "PRN ATE DRAINAGE EASEMENT" blocks
added to the subject plat drawing? We asked this question in our last review memo (July 1,
2004), but don't see said blocks added to the drawing. Yes or no, please respond to this question.
Does the minor amendment requested by the applicant affect the plat and lot configurations in
any way? I noted no change in the overall plat dimensions.
\H:\File Sys\LND -Land Subdivision & Surveying Records\LND-IO -Plats\0399\RV040805.doc
J
i CITY. RENTON'
Kathy Keolker-Wheele~, Mayor
PlanningIBuildinglPublic Works Department
Gregg Zimmerman P.E.,Administrator
July 2; 2004
Steve Schrei P.L.S.
'CORE Design Inc
14711 NE 29th PI ~tiite 101
Bellevue, W A 98007
Dear Kevin:
SUBJECT:. 'HONEY BROOKE DIV. 3 FINAL PLAT LUA 04':067FP
NE5THST AND ILWACO AVE NE
PLAT COl\1PLETIONAND ACCEPTANCE OF UTILITIES
REQUIREMENTS U030602, U030788 RST3115
. . ,
Staff has completed their review of the above subject 2210tplatandhave made the follo~ing
comments. Although every attemptismade to do a thoroughieview, there made be additional'
comments as supplemental information becomes available9 Once you have completed the
revis'ions please resubmit two blilelihes' to my office. .
Final Plat Recording Concerns:
, ,
Note the City ofRentonlahd use action number ~ll1dlandrecord number,'LUA-04~067-FP and,
LND-I 0-0399, respectively, on th.e drawing sheets in the, spaces already provided. ,
Complete City of Renton Monument Cards, with reference points of all new right of way
monuments set as part of the plat.
See the attachment for the addresses. , The priv~te.access .easement that serves'Lots 19 through 22
should be named NE SID CT. on the drawing (Sheets o(5);Notesaid addresses on the .
drawings. ' . ' .
Note what was set at the SW corner of Lotl. Also, note what was set at the SW corner of Lot 7,
and at the intersectionbf the south line of the subject phit and 'the NW corner of Tract A Qf the
plat of Honey Brooke, as recorded under King County Rec. No. 20020731003106 '
An updated Plat Certificate will be required (to be dated within the 45 days time frame prior to
Council approval of the subject plat).' , , '
. The I~gal description for Pa~cel 1 appears to be in error. Said legal is also erroneously noted in .
the First American Title insurance Company 4th Report Subdivision Guarantee document,dated
May 21,2004. The "LOT LINE ADJUSTMENT" number that should be referenced in the legal
is: LUA-03-123·LLA. What is erroneously noted is the King County recording number
(#20040304900004). Said recording number is n'oted again (correctly) just before the
"EXCEPT" call. The title company should be informed of this error and asked to correct it, and
the plat drawing should be revised accordingly.
------lO-S-S-s-ou-t-h-G-ra-dy-W-ay-.-R-e-nt-o-n,-W-a-sh-in-g-to-n-9-S-0S-S------~
® This paper contains 50% recycled material, 30% postconsumer AHEAD OF THE, CURVE
Honey Brooke Div. III
Page 2
The current position of the city concerning ownership of a sensitive area (wetlands) applies to
this plat and should be noted on the final plat drawi.ng as follows:
Upon the recording of this plat, Tract A is hereby granted and conveyed to the
Honey Brooke Div. III Homeowners Association (HOA) for a sensitive area
(wetlands) tract. Ownership and maintenance of said tract shall be the responsibility
. of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its
property taxopligatlons as evidenced by non-payment of property taxes for·a period
of eighteen (18) months, then each lot in this plat shall assume and have an equal and
undivided ownership interest in the tract previously owned by the HOA and have the.
attendant financial and maintenance responsibilities. .
Item No.1 i under "EASEMENT NOTES" (Sheet 2 of 5) states that the benefited lots for the'
access easement are Lots 20 and 21. However, all four lots (Lots 19 through 22, inclusive) are to
use the access easement to acces.s their respedive garages. ; :therefore, all four lots benefit from
the easement. They should all shareihthe il1(lihtenance resp'bh~ibilities of the private access
facilities within said easement? N9TE: E~tendthe access.~a'sel~en~into Lots 20 and 21 an
acceptable distance to allow ~or better mUlual'beriefit{n01e'D~ plat df~~ing on Sheet 5 of 5).
. . t.·, .'
The Declaration of Covenants; Conditions and Restrictions fo')" th~PlatdfHoney Brooke Div. HI
document states that the lots encumbered by ~aid1'ci8cui~ent wilI be Lots;1 through 8, inclusive
(Article 2, PROPERTY SUBJECT TO THI$DECLARATION). Why ar~ Lots 9 through 22,
inclusive, not subject to said dbcument?Ref~rente saiddocllment on' the.plat drawing and
provide a space for the recording number,thereQf.
See the attachment for item to be corrected.
If you have any questions regarqing specific comments on the final plat drawillg review please
contactBbb Mac Onie at 425-43'0)369': <
.\' '
Plan Review Fimil Plat Comments:
The storm detention system on this plat needs to include access and needs to call out the private
drainage easement. Refer to the civil plans to locate the Private Drainage Easement and to locate
the Access to it then show/call out the same on the final plat drawing. In addition add the . .
language for the Access Easement and the Private Drainage Easement as shown on the
attachment.
. Construction Comments:
Please note that the comments above address the plat review. You will want to continue working
. with the City inspector, Mark Wetherbee, to insure that the project has a final walk through and
sign-off by the inspector. This includes any punchlist items from the inspector and/or the City
Maintenance Division. You will want to verify that you have the proper street names on the
street name signs (along with completing all street signage) that are required to be installed prior
to recording. Please contact Mark Wetherbee if you have any questions on these construction
items. Please note, all projects shall have wet season erosion control measures in place, all per
the King County manual.
I:\Projects\HoneybrookeIDC.doc\cor
t.
)
Honey Brooke Div. III
Page 3,
Fire Prevention Comments:
All roadway and street signage work nee~s to be completed.
As-Built Concerns:
Theco~struction permit plan inylars must be checked-out from the sixth floor pUbli'c works
counter and updated or replaced with a complete As-Built plan set. All plan sheets, including
those constructed per design, must be verified, stamped and signed as As~Built by a licensed
surveyor or engineer. The mYlars are labeled As-Built in large block letters ai1d stamped by a PE
orPLS. Submit an ASCI file along with your As-Built drawings.
The civil drawings shall accurately reflect the construction activity. The civil drawings also need'
to show all s~nitary'sewer, a,nd storm drainage systems easements, which ~hall be consistenqvith
the As-Built location of the utility. Once the abovehave been addressed, slibrriitone set of As-
Built bluelines of the civil dniwings to my':,office:\"Plie'in~p~ctorwill b,e reviewing the bluelines
and if all is in order I will then call J0fth.(;!civilfi1ylars to b~·retlJrned. These final mylars must
be submitted for our permanent records. ;; , '<:,:~
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Construction Cost Data Conc~rns:
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At the same time theAs-B~Slt bluelin'esan:; Sl!,R,~pi.t1ecl.':J~1,t;: owrier oftl-ie4,evelopmentor
authorized agent shall supply the d~taileq¢ori~f~uc!i()~cQ.~tof tli~ pub I ic:~anitary Sewer System,
Storm Drainage Systems,~tree.t impr0'i(;!w~ntsAi1dstreerFghting\on)he Cpst Data and Inventory
form and sign it at the bottom: This f6rn1,is t.6fr~fJ~ct'ohly those)fahNtie~:that will be turned.'
over to the City. Examples of items thatare NOT tllrn'ed over are sidesfm;er stubs, water service
lines and private storin drainage fac'ilities. Rettirn theoH'ginal form torny office. The Bill of
Sale is to reflect the items and qu;ntities as shown on the Cost Data'and Inventory form (both are,
enclosed). '~' '. " ;{
A maintenance bond is required 'in tl}~ ap1ount'~f;1 0%'0f th~,gian'~\otal of tliewater, sewer,
storm, street and street lighting costs 'a'sslwwn 6'fithe CostDat:~ Inventory form. A standard City
, of Renton maintenance bond form is enclo;df The per~'it bond will be released upon receipt '
and acceptance of the maintenance bond, of the above documentation and final sign-off by the
inspector.
Fees:
The applicant shall pay the Fire Mitigation Fee of $488 per each new single family lot prior to
the recording ofthefinal plat. '
The applicantshall pay the Transportation Mitigation Fee of $12,919.50 prior to the recording of
the final plat.
The applicant s,hall pay the Parks Mitigation Fee of $530.76 per each new single family lot prior'
I:\Projects\HoneybrookeIDC.doc\cor
Honey Brooke Div. III
Page 4
to the recording of the final plat
Planning Comments:
ERe MITIGATION MEASURES
6. The applicant shall comply with the recommendations contained within the Wetland
Assessment and Delineation Report as prepared by Shaw Environmental and approved
supplementals.
Please refer to copy of attached letter I am sending under separate copy concerning final
wetland report, cost estimate and surety. .
7. The applicant shall provide an acceptable compensation on-site for impacts to the off-site
wetland (Wetland B). Acceptable mitigation would inch/de the appropriate buffer requirement
and restoration; . creation or combined. enl;ancemen,t /0 Wetland A to offset any impacts of
development to Wetland B.' . ', ..
Compliance can be evar~ated once a.fin~lplan is pr6videchs stipulated in separate letter.
In addition, the plat db'esn~t clearly illustrate tile r¢quir~dJncrease in ~etland mitigation
as discussed in the~Wetland Addendum from the Shawcir9t1P:.Please address this within
the required Final Mitigation Plan,as 'o~tJine~'inthe separate·let1;er.
. ; ,.
9. The applicant shall berequiredto ii:lstqU:asplit-r~/lj?nce or other approved barrier along the
entire edge of the wetland buffer to denoteth(/c~iti?itia;~a. . .. ,. \
Staff will need to c:;onduct site visit to verify its completion. Please provide timeframe,
when this will be completed. .
HEX CONDITIONS
6. Signs should be posted that note the stub roads and/or c1!q.,de-sac that would eventually create
roadway(s) with through traffic. ' ' .... '
Staff will need to conduct site visit to verify completion. Please provide timeframe, when
this will be completed.
PLAT AMENDMENT
The lot line adjustment approved and recorded, LUA '03-123, LLA, stated within comments
dated January 26, 2004 (copy of letter attached) that the property lines adjusted could impact the'
overall site's square footage, lot size and dimension and potentially density. As stated in RMC 4-
7-080.M., at any time after preliminary plat approval and before final plat approval, an
amendment to the preliminary plat may be requested. nie impacts of the LLA on the plat would
be considered minor amendment.
Please submit a written request for a minor amendment to the approved preliminary plat with
updated information on: 1) site area; 2) lot sizes; 3) density; and 4) any other changes to the
subject plat.
I:\Projects\HoneybrookemC.doc\cor
) ,Honey Brooke Div. III
Page 5
ATTACHMENTS
A: January 26, 2004 letter concerning LLA between Div. III and V
B: Copy of letter sent concerning Wetland Mitigation
Please see letter from Susan Fiala dated June 24, 2004. A copy is enclosed for your,convenience
General
A copy of the Declaration of Covenants, Conditions and Restrictions has been ,sent to the City
Attorney for review. I will keep you informed of this review. '
. -:.
It is a team'effort of all of the above City divisions your engineer and your surveyor to get your
plat to final platapproval. If you have any questions, please contact me at 425-430-7298. Thank
you for your cooperation. '.i/":"'·'~ ';,,,
sin;1e;" '~,
~
Anleta Henninger
Engineering Specialist
cc: Kayren Kittrick
I:\Projects\HoneybrookeillC.doc\cor
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City of Re ••• Jn Department of Planning / Building / Public h .... rks
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: <H Ol.£ttlA SvC.S, COMMENTS DUE: JULY 2, 2004
APPLICATION NO: LUA.04.067, FP '0 DATE CIRCULATED: JUNE 18,2004
APPLICANT: C. Thomas Foster PROJECT MANAGER: Arneta HenninQer
PROJECT TITLE: Honey Brooke Phase III Final Plat PLAN REVIEW: Susan Fiala
SITE AREA: 192,411 square feet BUILDING AREA (gross):
LOCATION: 5107 & 5212 NE 5th Place I WORK ORDER NO: 77270
SUMMARY OF PROPOSAL: 22·lot final plat in R·8 Zone. Final plat to subdivide 4.42 acres into 22 single·family lots. The plat
includes the installation of sanitary sewer mains, storm drainage, sidewalks, street lighting and street paving.
A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Earth
Air
Water
Plants
Land/Shoreline Use
Animals
Environmental Health
Energy/
Natural Resources
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
Element of the
Environment
Housina
Aesthetics
Light/Glare
Recreation
Utilities
Transportation
Public Services
Historic/Cultural
Preservation
Airport Environment
10,000 Feet
14 000 Feet
Probable
Minor
Impacts
Probable More
Major Information
Impacts Necessary
AECEI~ rED
JUN 1 82004
CITY OF RENTON
UTILITY SYSTEMS
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 Planning / Building / Public Works
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: 9\an Rev; '€A .) COMMENTS DUE: JULY 2, 2004
APPLICATION NO: LUA-04-067, FP DATE CIRCULATED: JUNE 18,2004
APPLICANT: C. Thomas Foster PROJECT MANAGER: Arneta Henninger
PROJECT TITLE: Honey Brooke Phase III Final Plat PLAN REVIEW: Susan Fiala
SITE AREA: 192,411 square feet BUILDING AREA (gross):
LOCATION: 5107 & 5212 NE 5th Place I WORK ORDER NO: 77270
SUMMARY OF PROPOSAL: 22-lot final plat in R-8 Zone. Final plat to subdivide 4.42 acres into 22 single-family lots. The plat
includes the installation of sanitary sewer mains, storm drainage, sidewalks, street lighting and street paving.
A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Environment MInor Major Information
Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
ith particu r attention to those areas in W Ich we have expertise and have identified areas of probable impact or
o properly assess this proposal. ~
~~ ~~y
Kathy Keolker-Wheeler, Mayor
CITY uF'RENTON
Planning/Building!Public Works Department
Gregg Zimmerman P.E.,Administrator
January 26, 2004
Mr. Lafe HermaIiSen
Core Design, Inc.
14711 NE 29th Place,Suite 101
Bellevue, WA 98007
SUBJECf:
Dear Hermansen:
Honey Brooke, Divisions in & V Lot Line Adjustment
Project No. LUA-OJ..1l3, LLA
The City of Renton has completed the, jnitial reView of your proposed lot line adjustment. The folloWing
changes Will be necessary iDorder for the City to approve yo~proposal:
For informational proposes, as this lot line, adjustment proposes to impact at least two lotS in
DivisionJII (piele Prelimitiary Plat) which has received preliminary plat approval, an
amendmentto the plat Willb~ requited prior,to the final plat approval. The .lot line 8djustmen
must. be recorded prior to the fiilal recordaiion of Division III.
, For informational proposes, the lot lineadjuStmeiltreview does not iDclude an evaluation of
potential change in, density to Division III or V;, nor whether the proposed lots conform to
development standards.
3. A' demolition permit must be applied fer andiIispections completed for the barn structure on
proposed lot #6 prior to the recordiIig 6fthe lotline adjustment.
4. Note ,the City of Renton land use action number and land rec,ord number, LUA..()3-123-LLA
and LND.30"()274,respectively,on the drawirigs iDthe spaces already provided.
, , '
5. Note the symbol that indicates what was, set at the mostsoutherIy SW comer of Parcel A.
6., Note discrepancies between bearings and distances of record and those measured or
calculated, if any.
7. Note whether the adjoining properties are platted or unpla!ted.
8. Note the addresses of the lots, on the draWing.
9. Note thecity-designated name for tbeprivatedriveway (curre~tly noted as "SE 125th ST').
10. Fill in the dates, currently shown, as blank spaces, iD Item No.1 of ''NOrnS'' (Sheet:2 of2).
II. Note that if there are restrictive covenants, easements, or agreement$ to others as part of this
subdivision (City of Renton, etc.), they can be recorded concurrently With the lot line
adjusiment. The lot liDe adjustment and the associated document(s) are to be given to the
Project Manager as a package. The lot liDe adjustment will have the first recordiDg number.
The recording number(s) for the associated document{s) are to be referenced on the lot line
adjustment draWing (provide a'space for said recordiDg numbers).
~ T .... : ................. ~ ............. l_ .. C"OI ............. 1 ........ _ ....... ..: ... 1 ")(\01 ................... ~ ........... ... AHEAD OF THE CURVE
Once the above changes have been made, please submit two copies of the revised lot line adjustment to me •..
at the sixth floor counter of City Hall. The revised plans will be routed for final review and you will be
notified when it is appropriate to submit the final mylars. If you have any questions regarding your
application or the changes requested above, please contact me at (425) 430-7289.
Sincerely,
\;\CM.~~
NancyWeil
Associate Planner
cc: C. Thomas Foster
Langley Development Group, Inc.
Jennifer Henning
Susan Fiala
Yellow file ":'" ,,' ::;'.:;,;~'; .
,« : ..
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H:\Division.s\Develop.ser\Dev&plan.lng\NKW\lot Line Adjuslments\LLAS\REVlSIONS\REV03-123.DOC
CITY OF RENTON
MEMORANDUM
DATE: June 24, 2004
Arneta Henninger TO:
FROM: Susan Fiala x 7382 ~
SUBJECT: Honeybrooke Div. III Final Plat • LUA 04·067 FP
The following are my comments of the first review of the FINAL PLAT for the subject final plat for those
items deemed to be under Development Planning review.
Please include copies of attachments for applicant. Thanksl
ERC MITIGATION MEASURES
6. The applicant shall comply with the recommendations contained within the Wetland Assessment
and Delineation Report as prepared by Shaw Environmental and approved supplementals.
Please refer to copy of attached letter I am sending under separate copy concerning final wetland
report, cost estimate and surety.
7. The applicant shall provide an acceptable compensation on-site for impacts to the off-site wetland
(Wetland B). Acceptable mitigation would include the appropriate buffer requirement and restoration,
creation or combined enhancement to Wetland A to offset any impacts of development to Wetland B.
Compliance can be evaluated once a final plan is provided as stipulated in separate letter. In
addition, the plat does not clearly illustrated the required increase in wetland mitigation as
discussed in the Wetland Addendum from the Shaw Group. Please address this within the
required Final Mitigation Plan as outlined in the separate letter.
9. The applicant shall be required to install a split-rail fence or other approved barrier along the entire
edge of the wetland buffer to denote the critical area.
Staff will need to conduct site visit to verify its completion. Please provide timeframe, when this
will be completed.
HEX CONDITIONS
6. Signs should be posted that note the stub roads and/or cud-de-sac that would eventually create
roadway(s) with through traffic.
Staff will need to conduct site visit to verify completion. Please provide timeframe, when this will
be completed.
PLAT AMENDMENT
The lot line adjustment approved and recorded, LUA 03-123, LLA, stated within comments dated
January 26, 2004 (copy of letter attached) that the property lines adjusted could impact the overall
site's square footage, lot size and dimension and potentially density. As stated in RMC 4-7-080.M., at
any time after preliminary plat approval and before final plat approval, an amendment to the
preliminary plat may be requested. The impacts of the LLA on the plat would be considered minor
amendment.
Please submit a written request for a minor amendment to the approved preliminary plat with updated
information on: 1) site area; 2) lot sizes; 3) density; and 4) any other changes to the subject plat.
ATTACHMENTS
A: January 26,2004 letter concerning LLA between Div. III and V
B: Copy of letter sent concerning Wetland Mitigation
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
July1,2004
Ameta Henninger
Sonja I. Fesser J;rf
Honey Brooke Div. III, LUA-04-067-FP
Format and Legal Description Review
Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the
following comments:
Comments for the Applicant:
Note the City of Renton land use action number and land record number, LUA-04-067-FP and
LND-1O-0399, respectively, on the drawing sheets in the spaces already provided.
Complete City of Renton Monument Cards, with reference points of all new right of way
monuments set as part of the plat.
See the attachment for the addresses. The private access easement that serves Lots 19 through 22
should be named NE 5TH CT. on the drawing (Sheet 5 of 5). Note said addresses on the drawings.
Note what was set at the SW comer of Lot 1. Also, note what was set at the SW comer of Lot 7,
and at the intersection of the south line of the subject plat and the NW comer of Tract A of the
plat of Honey Brooke, as recorded under King County Rec. No. 20020731003106
An updated Plat Certificate will be required (to be dated within the 45 days time frame prior to
Council approval of the subject plat).
The legal description for Parcel 1 appears to be in error. Said legal is also erroneously noted in
the First American Title Insurance Company 4th Report Subdivision Guarantee document, dated
May 21, 2004. The "LOT LINE ADJUSTMENT" number that should be referenced in the legal
is: LUA-03-123-LLA. What is erroneously noted is the King County recording number
(#20040304900004). Said recording number is noted again (correctly) just before the
\H:\Fiie Sys\LND· Land Subdivision & Surveying Records\LND-lO· Plats\0399\RV040629.doc
July 1,2004
Page 2
"EXCEPT" call. The title company should be informed of this error and asked to correct it, and
the plat drawing should be revised accordingly.
The current position of the city concerning ownership of a sensitive area (wetlands) applies to this
plat and should be noted on the final plat drawing as follows:
Upon the recording of this plat, Tract A is hereby granted and conveyed to the Honey
Brooke Div. III Homeowners Association (HOA) for a sensitive area (wetlands) tract.
Ownership and maintenance of said tract shall be the responsibility of the HOA. In
the event that the HOA is dissolved or otherwise fails to meet its property tax
obligations as evidenced by non-payment of property taxes for a period of eighteen
(18) months, then each lot in this plat shall assume and have an equal and undivided
ownership interest in the tract previously owned by the HOA and have the attendant
financial and maintenance responsibilities.
Item No. 11 under "EASEMENT NOTES" (Sheet 2 of 5) states that the benefited lots for the
access easement are Lots 20 and 21. However, all four lots (Lots 19 through 22, inclusive) are to
use the access easement to access their respective garages. Therefore, all four lots benefit from
the easement. They should all share in the maintenance responsibilities of the private access
facilities within said easement? NOTE: Extend the access easement into Lots 20 and 21 an
acceptable distance to allow for better mutual benefit (note on plat drawing on Sheet 5 of 5).
The Declaration of Covenants, Conditions and Restrictions for the Plat of Honey Brooke Div. III
document states that the lots encumbered by said document will be Lots 1 through 8, inclusive
(Article 2, PROPERTY SUBJECT TO THIS DECLARATION). Why are Lots 9 through 22,
inclusive, not subject to said document? Reference said document on the plat drawing and
provide a space for the recording number thereof.
See the attachment for item to be corrected.
Comments to the Project Manager:
Is there to be an "ACCESS EASEMENT" statement to the city for the private drainage easements
shown on the plat? If true, then have the "ACCESS EASEMENT" block (attached) added to the
plat comments noted above.
Is the "PRIVATE DRAINAGE EASEMENT" block (attached) to be noted on the plat drawing?
If so, add this request to the comments noted above.
H:\File Sys\LND -Land Subdivision & Surveying Records\LND-1O -Plats\0399\RV040629.doc\cor
PROPERTY SERr-~ES FEE REVIEW FOR SUBDIVISI( ., No. 2002 -.....:o=~=-9.L-_~ , ~
APPLICANT: 1?1 E1 f3' ,J ECO-p::B f SRF='L fDA. ) 13\ IfH R-,==EB) ?x;<1TT RECEIVED FROM ________ ~-
(date)
JOBADDRESS:_ 5107, 5.e1E' ,5c,la r !SZlq I--1E '5TH.1=>LA~ _ WO#_7..uS'-"-'9:J...9..J-.1.7 ______ _
NATURE OF WORK: U.LoI I OI...!<41?1 .6;l:( -PIe! E .. ::f?-I ~. LND#--LIO""-_-_______ _ X PRELIMINARY REVIEW OF SUBDIVISION i\P LONG PLAT, NEED MORE INFORMATION: .. LEGAL DESCRIPTION
SHORT PLAT, BINDING SITE PLAN, ETC. PID #'s .. VICINITY MAP
.. FINAL REVIEW OF SUBDIVISION, THIS REVIEW REPLACES SQUARE FOOTAGE .. OTHER
PRELIMINARY FEE REVIEW DATED FRONT FOOTAGE
SUBJECT PROPERTY PARENT PID# 102305 -9013 -Qo25 ')( NEW KING CO. TAX ACCT.#(s) are required when
-90a':; -qZ!B I assigned by King County . . ,._-.)-
It is the intent of this development fee analysis to put the developer/owner on notice, that the fees quoted below may be applicable to the subject site upon
development of the property. All quoted fees are potential charges thai may be due and payable at the time the construction permit is issued to install the on-site
and off-site improvements (i.e. underground utilities, street improvements, etc.) Triggering mechanisms for the SOC fees will be based on current City
ordinances and determined by the applicable Utility Section.
Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit
application.
The existing house on SP Lot # , addressed as has not previously paid
____ SDC fees, due to connection to City utilities prior to existance of SDC fee Ord. SP Lot# will be
subject to future SDC fees if triggering mechanisms are touched within current City Ordinances.
We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation.
Th ti II ed ti d NOT' I d . e 0 owmg guot ees 0 me u e mspeetlon 'd • f< h ees, Sl e sewer permIts, r w permIt ees or t e eost 0 f water meters.
SPECIAL ASSESSMENT DISTRICT PARCEL METHOD OF ASSESSMENT ASSESSMENT
DISTRICTS NO. NO. ASSESSMENT UNITS OR FEE
Latecomer Agreement (pvt) WATER
Latecomer Agreement (pvt) W ASTEW ATER
Latecomer Agreement (pvt) OTHER
Special Assessment District/W A TER
E&.COT t=el...rf0l-..l ,~ oooe i$E24.5e XUUITS_ 2..Z-rro~ "I...~
Special Assessment District/W ASTEW ATER -+ IU'I_' --J
Joint Use Agreement (METRO)
Local Improvement District *
Traffic Benefit Zones $75.00 PER TRIP, CALCULATED BY TRANSPORTATION
FUTURE OBLIGATIONS
SYSTEM DEVELOPMENT CHARGE· WATER .. Estimated # OF UNITS/ SDCFEE . .. Pd Prevo .. Partially Pd (Ltd Exemption) .. Never Pd SQ. FTG.
Single family residential $1,105/unit x -V"\A."'T'E:R SERVICE: "'e:l ~
Mobile home dwelling unit $885/unit in park ....,-lceo 1!:$Y W. ,.......-.
Apartment, Condo $665/unit not in CD or COR zones x 'DIST· qo
Commercial/Industrial, $0.154/sq. ft. of property (not less than $1,105.00) x
Boeing, by Special Agreement/Footprint of Bldg plus 15 ft perimeter (2,800 GPM threshold)
SYSTEM DEVELOPMENT CHARGE· WASTEWATER" Estimated
.. Pd Prevo .. Partially Pd (Ltd Exemption) .. Never Pd
Single family residential $760/unit x 22.-$ tc;; 7eo.OO
Mobile home dwelling unit $610/unit x . , ,
~artment, Condo $455/unit not in CD or COR zones x
Commercial/Industrial $O.I06/sq. ft. of property x(not less than $760.00)
SYSTEM DEVELOPMENT CHARGE -SURFACE WATER .. Estimated
.. Pd Prevo .. Partially Pd (Ltd Exemption) .. Never Pd
Single family residential and mobile home dwelling unit $525/unit x 18 $ QJ 45000
All other properties $0.183sq ft of new impervious area of property x
(not less than $525.00)
I PRELIMINARY TOTAL $
.. *If subject property is within an LID, it is developers responsibility to check with the Finance Dept. for paid/un-paid status.
Square footage figures are taken from the King County Assessor's map and are subject to change.
Current City SDC fee charges apply to __________________ _
EFFECTIVE January 4, 2001
t1 0 ~ Ot ...
CD ~
g
r
\
••••
'/
Project Name --.,~.A,g,~~---1~...!l:2;&::2~~~-::P ~
Project Address
Contact Person
241M~u.£ ~)£~/
Address --________ \l,-, ___ _
Phone Number _---=:-_________ _
Permit Number £ tL A () ;::':-068
Project Description 72 M ~ .. ~
¢-(~~
Method of Calculation: Land Use Type:
. ~ Residential IIJ4fE Trip Generation Manual o Retail o Traffic Study o Non-retail o Other
Calculation:
.. ' '2..'2'-'1:;; ··(fJ·~
.' /8 X
/12.'2./r;
r.57 ~ /12.Z~ ~
X ? ;:t S-:;;, #/2/ r /1, -:;-cJ
&1'1" e~
( 2:,0) 5,,,':1 It' (o..m: If
. q,:5 7 /Iof. .'
Transportation Mitigation Fee: ;ii / Z 1 r / Y ~ ()
Calculated by: I{ ~~ Date: (p /:;I 0 /& Z-
Account Number: __________ _
---Date-of~ayment,-===========~-------__
City of Renton Department of Planning / Building / Public Works
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: 'h',-e... COMMENTS DUE: JUL V 2. 2004 .'
APPLICATION NO: LUA-04-067, FP DATE CIRCULATED: JU~ ivl :@4([; IE u yi/ Ir::~
-..'./ ~
APPLICANT: C. Thomas Foster PROJECT MANAGER: Ar ;~~ enninger
PROJECT TITLE: Honey Brooke Phase III Final Plat PLAN REVIEW: Susan FMlb II JUN 1 8 20llLl
SITE AREA: 192,411 square feet BUILDING AREA (gross):
LOCATION: 5107 & 5212 NE 5th Place WORK ORDER NO: 77270 CITY OF RENTON r::nr:. "cn~[)n""T ~-. .. . -' .. SUMMARY OF PROPOSAL: 22-lot final plat In R-8 Zone. Final plat to subdivide 4.42 acres Into 22 single-family lots. The plat
includes the installation of sanitary sewer mains, storm drainage, sidewalks, street lighting and street paving.
A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
I~' II
lu
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energyl Historic/Cultural
Natural Resources PreseNation
Airport Environment
10.000 Feet
14000 Feet
8. POLICY-RELA TED COMMENTS
C. CODE-RELATED COM~ENJS
(J; &..vr/eJ~ d / / frM'O~~ ~
We have re iewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas whe~ additional in" ation is needed to properly assess this proposal.
Date
v
CITY OF RENTON
CURRENT PLANNING DIVISION
AFFIDAVIT OF SERVICE BY MAILING
On the 18th day of June, 2004, I deposited in the mails of the United States, a sealed envelope
containing Acceptance Letter documents. This information was sent to:
C. Thomas Foster Owner
Gerald Stamp & Kellie McNett Owner
(Signature of Sender»!7/ ~
STATE OF WASHINGTON )
COUNTY OF KING
) SS
)
,., ...... '"",,'\ -. ........... "'t-l KA~ "'III .;:o~\.'V ........ O..t. ff -"'.' SIO ' •.• ~, ,: .,:~\s N ~.;:,. ,~ I, ,.. ~ ._~' "'.0'. ~ I. : ~ .'~ QTA ~. ~. 'i : iO~ ~,..~'~ ~ ,..0 en' ~ ~ : ....... : ~
I certify that I know or have satisfactory evidence that Stacy M. Tucker \ <A \. ,cUBUC ./ ~ j
signed this instrument and acknowledged it to be his/her/their free and voluntary ab~.~2If.~.~~ !
purposes mentioned in the instrument. .... t O;'w"·~·s·'~\~~ .... --II, ~ ... ..
"\\\\ "', ...... ...
Dated: 6, PY'IP{I
Notary (Print): ____ --AII\MAHR!ID'r.:I"IIIYNIlTlKA~MIITC.;.r.HEFF~::_:_:_~---------
My appointment expires: MYAPPOINIMENI EXPIRES 6-29-07
--Honey Brooke Phase III Final Plat -LUA04-067, FP
·"
··~ft· CITY. RENTON
Kathy Keolker-Wheeler, Mayor
PlanningIBuildinglPublic WorkS Dep~ent
Gregg Zimmerman P.E., Administrator,
June 24, 2004
Mr. Stephen Schrei, PLS
Core Design, Inc.
14711 NE 29th PL, Ste. 101
", Bellevue, WA 98007
Subject: Wetland Requirements needed Prior to Recording
Honeybrooke Div. III Final Plat, File No. LUA 04-067, FP
Dear Mr. Schrei:
This purpose of this letter is to advise you of the requiremenlsfor addressing wetland mitigation for
recording of the subjectplat. ' .
Final Wetland Mltig~tion Report: According to Renton Municipal.9ode section 4-3-050M.16.b.,
the proponent shall submit a final wetland initigation, plan prior tathe ,ISSUanCe of. building or
construction permits for. development. The' proponent shall Jeceivewritten approval of' the'
mitigation' plan prior to . commencement' of ,.any.,'wetland restoration, o~ creation activities. See'
attached copy of theconfent reqUirements for the Final Mitigation Plan. Please provide three
copies of the report and plans to my.attention.P
,
Once the final report and (;lssocjated planting plan is submitted and approved .by the City, you may,
'. begin installation of the plantings. Also,a ~etland speGialist'sproposal for 5-yearsof wetland
monitoring (quarterly reports for 'the' first ,year; 'annually thereafter) . and maintenance' costs·
consistent with the requirements' of RMC 4-8-120D23e and 23f (see enclosed) is tq be submitted.
The contract for the work must ensure that "structures, improvements, andrriitigation perform'
satisfactorily for a period eL5 -years". ' '
In order to obtain final approval of the wetland mitigation installation and begin the mandatory five-
. year monitoring program, the City will require a Final Compliance Letter: A written letterireport
from a wetlands specialist attesting that all wetland mitigation and improvements, including signs
and fencing, are installed purs~ant to and are consistent with the final wetland mitigation plan
approved by the City.
Once. the City approves the installation, you may bring in yciur maintenance/monitoring surety
device. The Maintenance Surety Device: (letter of credit or irrevocable set aside letter -see
samples enclosed) totaling 125% of the cost of the monitoring and maintenance cost estimate is
required to guarantee satisfactory performahce for five years. The attached Development Services "
Division Policy Decision detailS the City's position on maintenance and monitoring security
requirements.
-----.,.-lO-S-S-So-u-th-G-r-'-ad-y-W-:-a-y---Re-n-to-n-, W-a..,;",sh-j-ng-to-n-9-8-0S-S------~ , * This paper contains 50% recycled material. 30% post consumer AHEAD OF THE CURVE .
,..
Wetland Mitigation Requirements
Page 2 of2
Please send the requested reports and· subsequent information· to my attention and copy any
correspondence to Project Manager, Arneta Henninger.
If you have questions, please contact meat (425) 430-7382 or via email:sfiala@ci.rehton.wa.u5.
Sincerely,
Susan Fiala, AICP
Senior Planner
Enclosures
cc: File ,
Arneta Henninge~
~.~~.--
..u. _ _ -Kathy Keolker-Wbeeler, Mayor
-CITY-. RENTON
PlanningIBuildinglPublic Works Department
Gregg Zimmerman P.E., Administrator_
June 18, 2004
C. Thomas Foster _
Langley Development Group Inc.
6450 Southcenter Boulevard #106
Seattle, WA 98188
Subject: Honey Brooke Phase III Final Plat -
LUA-04-067, FP
Dear Mr~Foster:
. . '.' '. .' . -' . .
The Development Planning Section of the City of Renton has determined that the
subject application is complete according to submittal requirements and, therefore, is
accepted for review. --
. .. . .
You will be notified jf any' additional informati()h is required to continue prOcessing your
applic/ition. --. -
Please contact me at (425) 430-7298 if .you have any questions.
Sincerely, _ -
. ;l~z(~~7)' ~ ,
\"
Arneta Hennil1ger
Project Manager _
cc: Gerald Stamp & Kellie McNett fOwner
------------lO-5-5-S-ou-t-b-G-ra-d-y~W-~---R-e-nt-o-n,-W-a-sh-in-g-to-n-9-8-05-5~----------.~ * Thi'-papercontains 50% recycled material, 30% post consumer AHEAD OF THE CURVE
City of Renton
LAND USE PERMIT
MASTER APPLICATION
PROPERTY OWNER(S) PROJECT INFORMATION
NAME: Gef'Q1e:l '-~ ~p a-1'<1 {Celk~ C, (k.cfl/efl-
e.. !lwI/lMzK ad J1AA.ru/ C rcskr
ADDRESS: { -It:
&:,L/so So~-#uz,e~-b-'~l~ /~
PROJECT OR DEVELOPMENT NAME:
fk,Vl ~y 5 f"'I!'~ Ice .:])/"" ;or
I
PROJECT/APDRESS(S)/LOCATION t:Ji.D ZIP CODE:
5107 ~' 5:;) 1:2 AIlE 5 -PL
CITY: ~Hk ZIP: 9flf'r Re ,.~L~, V\. ) GU A-9(jC)5~
TELEPHONE NUMBER:
20 6 d2 f¥' -(f) I 22-
APPLICANT (if other than owner)
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
lO2. ~o5qO/30.2.. J 1<!:)Z3(!JS7o!330~
102. 0 S 'l!J:z.S eJ '?-'
/0 2,:?t!)S ~o=fi,38' I
NAME: EXISTING LAND USE(S): 5 t '(tk -f?a~~ (:ebd .. ~1
COMPANY (if applicable): PROPOSED LAND USE(S): ( ~ "' ~ ~et? S'I~ ~ V'VlI y'
ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
~es ulerv+t.A.-\ g,'-l~
CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
(if applicable): I'Ift
TELEPHONE NUMBER
EXISTING ZONING: g.-g
CONTACT PERSON PROPOSED ZONING (if applicable): rill--
NAMEC yian-uLS Fru/er SITE AREA (in square feet): /Cf:z ~ II
SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED
COMPANY (if applicable): ~
t.aYVJr lev :oeveCc, p ~~,p TrlC
v I
ADDRESS: Blvci #foc. ~<£ s () ~Gt-fl-.-eel'l--fer-
FOR SUBDIVISIONS OR PRIVATE STREETS SERVING
THREE LOTS OR'MORE (if applicable):
5r;,~/~1
PROPOSED RESIDENTIAL DE~!tY IN UNITS PER NET
ACRE (if applicable): I ~ ~
CITY: sea-fI-Ie ZIP: ~?r NUMBER OF PROPOSED LOTS (if applicable): 7-2-
TELEPHONE NUMBER AND E-MAIL ADDRESS:
.;;JCJG ~<f¥ O/~L ~s~r~s~*~~~~(~~ NUMBER OF NEW DWELLING UNITS (if applicable): ;2 0
v \J
Q: wcb/pw/dcvserv/forl11s/p J~nn ing/l11astera pp ,doc 06/07/04
PRO,,~CT INFORMATION (continue.!"., r---~L---------~----------------------.
NUMBER OF EXISTING DWELLING UNITS (if applicable):.2.
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable):
SQUARE FOOTAGE OF EXISTING RESIDENTIAL I
BUILDINGS TO REMAIN (if applicable): 1350 f loa~
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable):
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if
applicable):
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE
NEW PROJECT (if applicable): I'/,q..
PROJECT VALUE:
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
o AQUIFER PROTECTION AREA ONE
o AQUIFER PROTECTION AREA TWO
o FLOOD HAZARD AREA sq. ft.
o GEOLOGIC HAZARD sq. ft.
o HABITAT CONSERVATION sq. ft.
o SHORELINE STREAMS AND LAKES sq. ft.
o WETLANDS t;~> sq. ft.
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE SEE. QUARTER OF SECTION 10 , TOWNSHIP Z.3IYRANGE St:; IN THE CITY
OF RENTON, KING COUNTY, WASHINGTON.
TYPE OF APPLICATION & FEES
List all land use applications being applied for:
1. 3.
2. 4.
Staff will calculate applicable fees and postage: $ , ({)([) 0 -
AFFIDAVIT OF OWNERSHIP
!11ar I r!.. fDsleb J j(e/lle C M~Aletr-' ( ry! ~, 1_ /7er~t.! L ~p
I, (Print Name/s) C. 'iJI"YnaS T7l.S."f"'e' (0' , declare that I am (please check one) X 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
swers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and beliefm. I /I
. .. -cmliS t=iJS; I 'H '-, I certify that I know or have satisfactory eVidence that . -m.n
signed this instrument and acknowledged it to be his/her/their free nd voluntary act for ,-
uses and purposes mentioned in the instrument. CtI7'-l(e/h'L.· (!. fJ1~-ff
. /~ \\\\\\\111111,. '0'
: : ~\,\ ~ \. ~ tllIl .S .. ····, ,~,'\ .~ .......... ~~. ~ •• -~cz, ..... . ~ •• a..~ O'.v--.::, ' •• · ...... ·01'.. :r., '" .~--:(C" ,"() '\, _______ ----\ __ ~~_-'-------------_+_' :: _ ..... _. Cb. ' 001' ,,'
--• CI,.~ -. '? tP" .... ~' ;..J: ~~, Vi,~ 0. : '-:
and for the State of Washington ' . ~ ~ \ ~~.,.. :' ~~
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Q: web/p\v/clevserv/forllls/p lann i ng/Illaslcra pp ,doc 0(,/07/04
June 9, 2004
Core No. 02009
City of Renton
Renton City Hall
1055 S. Grady Way
Renton, W A 98055
Subject: Honey Brook Division 3 Final Plat
Attention Final Plat Reviewer:
As a requirement of Final Plat submittal, the following addresses the conditions of
approval from the Hearing Examiner on the above referenced proj ect.
1. The proposed private street shall provide access to Lots 19 through 22 via one
driveway off of Ilwaco Avenue NE. The location of the single-family residence's
garages for Lots 19 through 22 shall be designed with adequate turning area to
, provide direct access to the private street. This requirement shall be noted on the face
of the final plat.
This has been noted on the final plat.
2. The applicant shall obtain a demolition permit and complete all inspections and
approvals for demolition of all outbuildings located on the property. The satisfaction
of this requirement is subject to the review and approval of the Development Services
Project Manager prior to the recording of the final plat.
This condition shall be met by action take by the developer and the City of Renton.
3. A home~wner's association or maintenance agreement shall be created concurrently
. with the recording of the final plat in order to establish maintenance responsibilities
for all shared improvements. A draft of the document(s), if necessary, shall be
submitted to the City of Renton Development Services Division for review and·
approval by the City Attorney and Property Services section prior to recording the
final plat.
This condition shall be met by action take by the developer and the City of Renton, a
note has been added to the final plat with space prOVided to reference the Recording
No.'s.
I:\2002\02009\Docs\02009-Honey Brook III Final Plat.doc
6/9/04 Pg:2
4. The applicant shall comply with the conditions imposed by the ERe.
Mitigation Measures:
1. The applicant shall be required to adhere to the recommendations contained
within the Geotechnical, Evaluation Report prepared by GeoSpectrum
Consultants, Inc., dated January 11, 2002, with regard to site preparation,
grading, structural fill and foundations ..
This measure will be met by the completion of construction of the approved
engineering plans.
2. The applicant shall install a silt fence along the down slope perimeter of the area
that is to be disturbed. The silt fence shall be in place before clearing and
grading is initiated, and shall be. constructed in conformance ,with the
specifications presented in" the King County Surface. Water Design Manual. This
will be required during the construction of both off-site and on-site improvements
as well as building construction.
This measure is being met by action taken by the developer.
3. Shallow drainage swales shall be constructed to intercept surface water flow and
route the flow away from the construction area to a stabilized discharge point.
Vegetation growth shall be established in the ditch by seeding or placing sod.
Depending on site grades, it may be necessary to line the ditch with rock to
protect the ditch from erosion and to reduce flow rates. The design and
construction of drainage swales shall conform to the specifications presented in
the KCSWDM Temporary pipe systems can also be used to convey storm water
across the site. This will be required during the construction of both off-site and
on-site improvements as well as building construction.
This measure is being met by action taken by the developer and by the completion
of construction of the approved engineering plans. .
4. The project contractor shall perform daily review and maintenance of all erosion
and sedimentation control measures at the site during the construction of both off-
site and on-site improvements as well as.building construction.
This measure is being met by action taken by the developer.
5. Weekly reports on the status and condition of the erosion control plan with any
recommendations of change or revision to maintenance schedules or installation
shall be submitted by the project engineer of record to the public works inspector
. for the construction of the civil improvements of the plat. Certification of the
installation, maintenance and proper removal of the erosion control facilities
> shall be required prior to recording of the plat.
6/9/04 Pg:3
This measure is being met by action taken by the developer.
6. The applicant shall comply with the recommendations contained within the
Wetland Assessment and Delineation Report was -prepared by Shaw
Environmental Inc.; dated May 2002 and approv~d supplements;
This measure is being met by action taken by ihe developer and by the completion
of construction of the approved engineering plans.
7. The applicant shall provide an acceptable compensation on-site for impacts to the
off-site wetland (Wetland B). Acceptable mitigation would include the appropriate
buffer requirement and restoration, creation, or combined enhancement to
WetlandA to offset any impacts of development to WetlandB. The satisfaction of
this requirement is subject to the review and approval of the Development
Services Project Manager prior to issuance of construction permits.
This measure is being met by action taken by the developer and by the completion
of construction of the approved engineering plans.
8. The applicant shall be required to install silt fencing with brightly· colored
construction flags to indicate ~he boundaries of the wetland area and buffer prior .
to the issuance of construction permits.
Silt fencing has been installed.
9. The applicant shall be required to install a split-rail fence or other approved
barrier along the entire edge of the wetland buffer to denote the critical area
prior to recording of the final plat.
This measure is being met by action taken by the developer and by the completion
of construction of the approved engineering plans.
10. The applicant shall be required to design the project according to the 1998 King
County Surface Water Manual Level 2 Flow Control.
The approved plans have :been designed according to the 1998 King County
Surface Water Manual Level 2 Flow Control.
11. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of
$488.00 per new single family lot with credit given for the existing single family
lot prior to the recording of the final plat.
These fees shall be paid prior to the recording of the final plat.
12. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00
per each new average daily trip with the project with credit given for the existing
single family lot prior to the recording of the finalplat.
These fees shall be paid prior to the recording of the final plat.
6/9/04 Pg:4
13. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76
per new single family lot with credit given for the existing single family -lot prior
to the recording of the final plat.
These fees shall be paid prior to the recording of the final plat.
5. The applicant shall provide a turnaround acceptable to the Fire Department.
This condition shall be met by the completion of construction of the site improvements
according to the approved engineering plans.
6. Signs should be posted that primarily mote that the stub roads or cul-de-sac will
eventually create a roadway or roadways with through traffic.
This condition shall be met by action taken by the developer and the completion of
construction of the site improvements according to the approved engineering plans.
I trust this will satisfy the City's requirement for a compliance letter regarding Honey
Brook Division 3 preliminary plat approval conditions. If you have any questions, please
do not hesitate to call..
Sincerely, . 7j;~
Stephen J. Schrei, PLS
Project Surveyor
After Recording Return to:
C. Thomas Foster
6450 South center Blvd. #106
Seattle, WA. 98188
DECLARATION
OF
COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR
THE PLAT OF
HONEY BROOKE DIV. III
-1
DEVELOPlVI
CITY OP~~fu~~NfNYl
JUN 1 5 20(J~
fRl~rc~o~~~
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR THE PLAT OF HONEY BROOKE DIV. III
THIS DECLARATION is made on this 15th day of June, 2004, by C. Thomas and
Maryl C. Foster, husband and wife and Gerald L. Stump and Kellie C. McNett, husband and
wife as owners of the property being subjected to this Declaration.
RECITALS
A. Declarant is the owner of that certain real property located in the City of
Renton, County of King, Washington, and more particularly described in Article 2 of this
Declaration.
B. Declarant desires to subject the real property described in Article 2 hereof to
the provisions of this Declaration to create a residential community of single-family housing
(as "single family" is defined below) and related uses as set forth in Section 6.2 hereof.
NOW, THEREFORE, Declarant hereby declares that the real property described in
Article 2 of this Declaration, including the improvements constructed or to be constructed
thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold,
transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the
covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth,
which are for the purpose of protecting the value and desirability of, and which shall run with
the title to, the real property hereby or hereafter made subject hereto, and shall be binding on
all persons having any right, title, or interest in all or any portion of the real property now or
hereafter made subject hereto, their respective heirs, legal representatives, successors,
successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or
any portion thereof.
ARTICLE 1
DEFINITIONS
1.1 Words Defined. The following words, when used in this Declaration or in any
Supplementary Declaration (unless the context shall prohibit), shall have the following
meamngs:
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1.1.1 "Association" shall mean Honey Brooke Div. Ill, Homeowners
Association, a Washington nonprofit corporation, its successors and assigns.
1.1.2 "Board of Directors" or "Board" of the Association shall be the
appointed or elected body, as applicable, having its normal meaning under Washington law.
1.1.3 "Bylaws" shall refer to the Bylaws of the Honey Brooke Div. III
Homeowners Association.
1.1.4 "Common Areas" shall mean any and all real and personal property and
easements and other interests therein, together with the facilities and improvements located
thereon as designated on the final plat of the Community or as otherwise conveyed to the
Association for the common use and enjoyment of the Owners.
1.1.5 "Communi ty" shall mean and refer t~ that certain real property and
interest therein described in Article 2, and such additions thereto as may be made by Declarant
by Supplementary Declaration.
1.1.6 "Community-Wide Standard" shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such standard may be more
specifically determined by the Board of Directors of the Association. Such determination,
however, shall generally be made with reference to the standards originally established by the
Declarant.
1.1. 7 "Declarant" shall mean and refer to C. Thomas Foster and his
successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for
the purpose of development or sale all or any portion ofthe remaining undeveloped or unsold
portions of the real property described in Article 2, and provided further, in the instrument of
conveyance to any such successor-in-title or assign, such successor-in-title or assign is
designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor
shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon
such designation of such successor Declarant, all rights of the former Declarant in and to such
status as "Declarant" hereunder shall cease, it being understood that as to all of the property
described in Article 2, which is now subjected to this Declaration, there shall be only one
"Declarant" hereunder at anyone point in time.
1.1.8 "Development Period" shall mean that period of time beginning on the
date this Declaration is recorded in the records of King County and ending on the earliest to
occur of (i) five (5) years from the date of recording of this Declaration; or (ii) the date
Declarant holds a special meeting of the Association, iIi accordance with the Bylaws, for the
-3
purpose oftransitioning the management of the Association from the Declarant to the Owners,
or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the plat.
1.1.9 "Governing Documents" shall mean and refer to this Declaration, the
o Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if
any) of the Community adopted by the Board, as any of the foregoing may be amended from
time to time.
1.1.10 "Lot" shall mean any plot of land within the Community, whether or
not improvements are constructed thereon, which constitutes or will constitute, after the
construction of improvements, a residential dwelling site as shown on a plat recorded in the
records of King County.
1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other
similar instruments used for the purpose of encumbering real property in the Community as
security for the payment or satisfaction of an obligation.
1.1.12 "Mortgagee" shall mean the holder of a Mortgage.
1.1.13 "Occupant" shall mean any Person occupying all or any portion of a
residence or other property located within the Community for any period of time, regardless of
whether such Person is a tenant or the Owner of such property.
1.1.14 "Owner" shall mean and refer to the record owner, whether one or more
Persons, of the fee simple title to any Lot located within the Community, excluding, however,
any Person holding such interest merely as security for the payment or satisfaction of an
obligation.
1.1.15 "Person" means any natural person, as well as a corporation, joint
venture, partnership (general or limited), association, trust, or other legal entity.
1.1.16 "Single Family" shall mean a single housekeeping unit, without regard
to the construction type or ownership of such unit, that includes not more than four (4) adults
who are legally unrelated.
1.1.17 "Supplementary Declaration" means an amendment or supplement to
this Declaration which subjects additional property to this Declaration or that imposes,
expressly or by reference, additional or modified restrictions and obligations on the land
described therein.
-4
1.1.18 "Total Association Vote" means all of the votes attributable to
members of the Association (including votes of Declarant).
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, by the recording of this Declaration, subject to the
covenants and restrictions hereafter set forth and which, by virtue of the recording ofthis
Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or
otherwise encumbered subject to this Declaration is the real property described as:
LOTS 1 THROUGH 8, INCLUSIVE, OF HONEY BROOKE DIV. III, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME OF PLATS AT PAGES
_ AND _ RECORDS OF KING COUNTY, WASHINGTON RECORDED UNDER
RECORDING NUMBER ________ _
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
Common Areas: Any stormwater detention and drainage facilities, wetland tracts, and private
streets shown on the recorded plat as being maintained by the Association.
ARTICLE 3
HONEY BROOKE DIV. III HOMEOWNERS ASSOCIATION
3.1 Description of Association. The Association may, at the election ofthe
Declarant or the Association, be incorporated as a non-profit corporation organized and
existing under the laws of the State of Washington. The Association shall be charged with the
duties and vested with the powers prescribed by law and set forth in the Governing
Documents; provided, however, that no such Governing Documents, other than the
Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent
with this Declaration.
3.2 Board of Directors. Declarant shall have the right to appoint or remove any
member or members of the Board of Directors or any officer or officers of the Association
until termination of the Development Period. Each Owner, by acceptance ofa deed to or
other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors
-5
and officers of the Association during the Development Period. The directors selected by the
Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws.
Following termination of the Development Period, the Board of Directors shall be elected by
the Owners in accordance with the Bylaws.
3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this
Declaration shall be deemed to have a membership in the Association and membership in the
Association shall consist exclusively of such owners. The foregoing is not intended to include
Persons who hold an interest merely as security for the performance of an obligation, and the
giving ofa security interest shall not terminate the Owner's membership. No Owner, whether
one or more Persons, shall have more than one (1) membership per Lot. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. The rights and privileges
of membership, including the right to vote and to hold office, may be exercised by a member
or the member's spouse, but in no event shall more than one (1) vote be cast nor office held
for each Lot owned.
3.4 Voting. Members shall be entitled to one (l) vote for each Lot owned. When
more than one (l) Person holds an ownership interest in any Lot, the vote for such Lot shall be
exercised as those Owners themselves determine and advise the Secretary prior to any
meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more
than one (1) Person seeks to exercise it.
3.5 Architectural Control Committee. No construction, alteration, addition,
refurbishing, or erection of any structure or any nature whatsoever shall be commenced or
placed upon any part of the Community, except that which is installed by the Declarant, or is
approved in accordance with this Section, or as is otherwise expressly permitted herein. Any
such construction, alteration, addition, refurbishing, or erection shall not be made unless and
until plans and specifications showing the nature, kind, shape, size and height, architectural
design and detail, materials, workmanship, colors, location on site, improvement and site
grade elevations, and site landscaping shall have been submitted in writing to and approved by
the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5.
The Board may employ architects, engineers, or other Persons as it deems necessary to enable
the ACC to perform its review. Written design guidelines and procedures ("Design
Guidelines") may be established by the Board for the exercise of this review, which Design
Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available
to all Owners upon request for a reasonable fee.
3.5.1 The ACC shall consist of not less than one (1) nor more than three (3)
members, who need not be Owners. So long as the Declarant owns any property for
development and/or sale in the Community, the Declarant shall have the right to appoint or
-6
remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of
such right, the Board shall appoint the members of the ACC. The Declarant has named
as the sole member of the ACe. -------------------------------------
3.5.2 Members of the ACC shall not be entitled to compensation for services
perfonned pursuant to this Section 3.5. The Association shall defend, indemnify, and hold
each members of the ACC hannless for any liability incurred while serving as a member of
the ACe.
3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may
withhold approval for any reason, including aesthetic considerations, and it shall be entitled to
stop any construction in violation of approved plans or this Declaration.
3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR.
ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY
APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE
MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR
RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE
CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER
DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS,
DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE
LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS
TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY
AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT,
NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH
THE APPROVAL OR DISAPPROV AL OR FAILURE TO APPROVE OR DISAPPROVE
ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS
OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR
OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE
ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS,
MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY
DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS
NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING
OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR
NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH
PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS,
DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE
IS GIVEN.
-7
3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall
have the power to adopt, modify, and amend bylaws, rules and regulations governing the
Community, provided that such bylaws, rules and regulations shall not be inconsistent with
this Declaration and shall apply uniformly to all Owners, except as specifically provided
herein. The Board shall have the power to enforce the rules and regulations on behalf of the
Association and may prescribe penalties or fines for their violation. Any such bylaws, rules
and regulations shall become effective thirty (30) days after promUlgation and shall be mailed
to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in
force shall be retained by the secretary of the Association. The Declarant on behalf of the
Board may adopt the initial bylaws, rules and regulations.
ARTICLE 4
ASSESSMENTS
4.1 Purpose of Assessment. The assessments pro:vided for herein shall be used
for the general purposes of promoting the recreation, health, safety, welfare, common benefit,
and enjoyment of the Owners and occupants of Lots, including the maintenance of real and
personal property, all as may be more specifically authorized from time to time by the Board
of Directors.
4.2 Creation of the Lien and Personal Obligation for Assessments. Each
Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in
such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges;
(ii) special assessments, such assessments to be established and collected as hereinafter
provided; and (iii) specific assessments established pursuant to the terms of this Declaration,
including, but not limited to, reasonable fines imposed in accordance with the terms of this
Declaration.
4.2.1 All such assessments, together with (i) late charges, (ii) interest set by
the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen
percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys'
fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot
against which each assessment is made.
4.2.2 Each such assessment, together with late charges, interest, costs,
including; without limitation, reasonable attorneys' fees actually incurred, shall also be the
personal obligation of the person who was the Owner of such Lot at the time the assessment
fell due. Each Owner shall be personally liable for the portion of each assessment coming due
while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable
-8
for such portion thereof as may be due and payable at the time of conveyance; provided,
however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to
any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure.
4.2.3 The Association shall, within five (5) days after receiving a written
request therefor and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. Such
certificate shall be binding upon the Association as of the date of issuance.
4.2.4 Annual assessments shall be levied equally on all Lots. Assessments
shall be paid in such manner and on such dates as may be fixed by the Board. Unless
otherwise provided by the Board, the assessment shall be paid in annual installments.
4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a
budget covering the estimated costs of operating the Association during the coming year and
the assessments to be levied against each Lot, which may include an amount for capital
reserves in accordance with a capital budget separately prepared. The Board shall cause a
summary of the proposed operating and capital budgets and the proposed assessments against
each Lot for the following year to be mailed to each Owner. The Board shall set a date for a
special meeting of the Owners to consider ratification of the budget within thirty (30) days
after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after
the mailing of the proposed budgets and assessments. Unless at such meeting the budget is
rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by
proxy, the budget shall be ratified, whether or not a quorum is present. In the event the
proposed budget is rejected or the required notice is not given, the budget in effect for the then
current year shall continue in effect until the Owners ratify a subsequent budget.
4.4 Revised Budget. If the financial circumstances or needs of the Association
materially change during any year, the Board may prepare and adopt a revised budget and
assessments for the balance of the year. The Board shall cause a summary of the proposed
revised budget and assessments to be mailed to each Owner and shall set a date for a meeting
of the Owners to consider ratification of the revised budget and assessments in the same
manner as the regular annual budget as set forth in Section 4.3 above.
4.5 Special Assessments. In addition to the other assessments authorized herein,
the Association may levy special assessments for expenses such as, but not limited to, capital
improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total
Association Vote. Special assessments shall be paid as determined by the Board, and the
Board may permit special assessments to be paid in installments extending beyond the fiscal
year in which the special assessment is imposed.
-9
4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this
Declaration, together with late charges, interest, costs, including, without limitation,
reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on
such Lot in favor of the Association. Such lien shall be superior to all other liens and
encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums
unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of
King County and all amounts advanced pursuant to such Mortgage and secured thereby in
accordance with the terms of such instrument. All other Persons acquiring liens or
encumbrances on any Lot after the recording of this Declaration shall be deemed to consent
that Sll;ch liens or encumbrances shall be inferior to future liens for assessments, as provided
herein, whether or not prior consent is specifically set forth in the instruments creating such
liens or encumbrances.
4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any
assessment or installment thereof delinquent for a period of more than ten (10) days shall
incur a late charge in an amount as the Board may from time to time determine. The
Association shall cause a notice of delinquency to be given to any member who has not paid
within ten (10) days following the due date. If the assessment is not paid within thirty (30)
days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set
by the Board from time to time, on the principal amount due, late charges, costs of collection,
including, without limitation, reasonable attorneys' fees actually incurred, and any other
amounts provided or permitted by law.
4.7.1 In the event that the assessment remains unpaid after sixty (60) days,
the Association may, as the Board shall determine, institute suit to collect such amounts
and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other
type of conveyance, vests in the Association or its agents the right and power to bring all
actions against such Owner personally, for the collection of such charges as a debt or to
foreclose the aforesaid lien in the same manner as other liens for the improvement of real
property.
4.7.2 The lien provided for in this Article shall be in favor of the Association
and shall be for the benefit of all other Owners. The Association, acting on behalf of the
Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold,
lease, mortgage, or convey the same.
4.7.3 No Owner may waive or otherwise exempt himself from liability for
the assessments provided for herein, including, by way of illustration, but not limitation,
abandonment of the Lot.
10
4.7.4 All payments shall be applied first to costs, then to late charges, then to
interest and then to delinquent assessments.
4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears
in the payment of any assessment due, or shall otherwise be in default of the performance of
any terms of the Governing Documents of the Association for a period of thirty (30) days, said
Owner's voting rights shall, without the necessity of any further action by the Association, be
suspended (except as against foreclosing secured parties) and shall remain suspended until all
payments, including interest thereon, are brought current and any other default is remedied.
No Owner is relieved of liability for assessments by non-use of the Common Areas or by
abandonment of a Lot.
4.9 Date of Commencement of Assessments. The assessments provided for
herein shall commence as to a Lot subject to this Declaration on the first day of the month
following conveyance of such Lot to a Person other than Declarant. The first annual
assessment shall be adjusted according to the number of months then remaining in that fiscal
year.
4.10 Specific Assessments. In addition to the general and special assessments
outlined above, the Board shall have the power to levy such specific assessments pursuant to
this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions
of this Article 4 relating to general and special assessments shall apply to the levy and
collection ofthe specific assessments covered hereby and the Association shall have all
powers and remedies for collection and enforcement of such assessments as are applicable to
the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of
this Declaration and the costs of maintenance performed by the Association for which the
Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific
assessments.
4.11 Common Areas Exempt. The Common Areas shall be exempt from
assessments by the Association.
ARTICLE 5
MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION
5.1 Association's Responsibility. The Association shall maintain and keep in
good repair the Common Areas described in Article 2 herein and any Common Areas acquired
by the Association in the future. The Association shall maintain all stormwater detention and
11
drainage facilities, wetland tract, and private streets as shown on the r~co~ded plat. If the
streetlights are installed and there is no procedure for billing individual lot owners then the
Association shall pay the bills for the streetlights. The Association shall also maintain all other
facilities serving the Community not dedicated to or maintained by a public entity. The
foregoing maintenance shall be performed consistent with the Community-Wide,Standard.
5.2 Property Not Owned by Association. The Association shall have the right,
but not the obligation, to maintain other property, whether or not owned by the Association
and whether within or without the Community, where the Board has determined that such
maintenance would benefit all Owners. The Association shall have the right, but not the
obligation, to maintain the property at such Lot Owners expense pursuant to the procedure in
Section 5.4 below. Without limitation of the foregoing, the Association may enter into ajoint
maintenance agreement with adjoining property owners or associations for the repair,
maintenance and replacement of any shared facilities or other property.
5.3 Damage Caused by Owner. In the event that the Association determines that
the need for maintenance, repair, or replacement, which is the responsibility of the
Association hereunder, is caused through the willful or negligent act of an Owner, or the
family, guests, lessees, or invitees of any Owner, the Association may perform such
maintenance, repair or replacement at such Owner's sole cost and expense, and all costs
thereof shall be added to and become a part of the assessment to which such Owner is subject
and shall become a lien against the Lot of such Owner.
5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3
above, all maintenance of any Lot and all structures, parking areas, landscaping, and other
improvements thereon together with the landscaping and trees on any parking strip fronting
any such Lot, shall b,e the sole responsibility of the Owner thereof, who shall provide
maintenance consistent with the Community-Wide Standard and this Declaration. The
perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the
abutting lot owners. In the event that the Board of Directors of the Association determines that
any Owner has failed or refused to discharge properly any of such Owner's obligations with
regard to the maintenance, repair, or replacement of items for which such Owner is
responsible hereunder, the Association shall, except in an emergency situation, give the
Owner written notice of the Association's intent to provide such necessary maintenance,
repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with
reasonable particularity the maintenance, repairs, or replacement deemed necessary. The
Owner shall have ten (10) days after receipt of such notice within which to complete such
maintenance, repair, or replacement, or, in the event that such maintenance, repair, or
replacement is not capable of completion within a ten (10) day period, to commence such
work which shall be completed within a reasonable time. If any Owner does not comply with
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the provisions hereof, the Association may provide any such maintenance, repair, or
replacement at such Owner's sole cost and expense, and all costs shall be added to and
become a part of the assessment to which such Owner is subject and shall become a lien
against the Lot.
5.5 Conveyance of Common Areas by Declarant to Association. The Common
Areas were conveyed to the Association on the recorded plat. The Association accepted the
conveyance and the Common Areas are now to be maintained by the Association. The
Common Areas are subject to an easement of common use and enjoyment in favor of the
Association and every Owner, their heirs, successors and assigns in accordance with the terms
and conditions of the Governing Documents. Such rights to use the Common Areas are
appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned
or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and
then only to the transferee of such title and shall be deemed so conveyed whether or not it
shall be so expressed in the deed or other instrument conveying title. Certain rights of use,
ingress, egress, occupation, and management authority in the Common Areas set forth
elsewhere in this Declaration shall be reserved to Declarant for the duration of the
Development Period. Declarant shall not be required to make any improvements whatsoever
to property to be conveyed and accepted pursuant to this Section.
5.6 If any Common Area is currently owned or is acquired in the future which is
designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as
any other type of sensitive area, then use of such Common Area shall be limited to activities
approved by the municipality which designated such Common Area as sensitive.
Notwithstanding the,provisions in this Article 5, or in Section 10.1 below, or in any other
provision of this Declaration, there shall be no right or easement of ingress and egress, use and
enjoyment in or to such Common Area. Access shall be limited to maintenance activities
approved by the municipality.
ARTICLE 6
USE RESTRICTIONS AND RULES
6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets
out certain use restrictions which must be complied with by all Owners and Occupants. These
use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding
amendment of this Declaration. In addition, the Board may, from time to time, without
consent of the Owners, promulgate, modify, or delete other use restrictions and rules and
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regulations applicable to the Community. Such use restrictions and rules shall be distributed
to all Owners and Occupants prior to the date that they are to become effective and shall
thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or
modified in a regular or special meeting by a majority of the Total Association Vote and the
consent of Declarant during the Development Period.
6.2 Residential Use. Except as provided in this Section, all Lots shall be used for
single-family residential purposes exclusively with the exception that certain home
occupations may be permitted, subject to the guidelines and rules established by the Board, if
any, and subject to approval by the Board. Such home occupations may be limited to certain
business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly
increase traffic flow or parking congestion, and shall not be in violation of any of the
provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance
with all applicable laws, ordinances, rules and regulations.
6.3 Building and Landscaping Requirements and Restrictions. Except as
provided in Section 6.4 below, all residences constructed within the Community by any
Person shall be subject to design review and approval by the ACC which may cover the
minimum size, architectural style, height, scope of improvements, quality of design, materials,
workmanship, and siting standards. Without restricting or limiting the authority of the ACC
pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following
restrictions shall apply to the Community in general:
6.3.1 Only one Single Family home shall be permitted on each Lot. Two
story or split level homes shall include no less than 1,300 gross square feet ofliving space,
exclusive of one-story open porches and garages. One story homes shall include no less than
1,000 gross square feet of living space, exclusive of one-story open porches and garages.
6.3.2 After Declarant has completed construction of all houses in the
Community, any remodeling or exterior addition to any residence or other structure erected or
placed on any Lot shall be completed as to external appearance, including finished painting,
within six (6) months after the date of commencement of construction. All front, side and rear
yard landscaping must be completed within six (6) months from the date of closing of the
purchase of the residence by the Owner from the Declarant. In the event that strict
enforcement of this provision would cause undue hardship due to weather conditions, this
provision may be extended for a reasonable length of time when approved by the ACC.
6.3.3 All homes within the Community shall contain a garage; carports shall
not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or
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incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers
to this requirement, the ACC will consider functional necessity and architectural desirability.
6.3.4 All driveways and parking areas shall be paved with material approved
by the ACC.
6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6)
feet high or extending into the front yard of any residence shall be erected, allowed or
maintained upon any Lot, without the prior written consent of the ACC. All fences shall be
constructed of wood material unless approved by the ACC. Any such fence, barrier, row of
trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by
the ACC, which standards may provide for limited acceptable styles and/or specifications .
. 6.3.6 Each home constructed on a Lot shall be built of new materials except,
with approval of the ACC, decorative items such as used brick, weathered planking, and
similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of
exterior paint and stain must be submitted to the committee for approval. Any change to the
exterior color of any improvement located on a Lot, including, without limitation, the
dwelling, must be approved by the ACC.
6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar
shake and shall have a minimum pitch of four/twelve.
6.4 Existing Residences. The existing residence on Lots 1 and 17 were
constructed prior to recording this Declaration and does not conform to all of the provisions of
this Article. The existing residence shall be exempt from the provisions of Section 6.3 above
and Subsection 6.6.5 of this Article 6 unless it is remodeled; demolished, or substantially
damaged by catastrophe, in which case any new construction placed on Lots 1 and 17 shall
conform to the provisions of these subsections.
6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within .
the Community without the prior written consent of the ACe. Notwithstanding the foregoing,
the Board and the Declarant shall have the right to erect reasonable and appropriate signs
including, without limitation, signs related to Declarant's development and marketing of
residences within the Community. In addition, "For Sale" signs and security signs consistent
with the Community-Wide Standard and any signs required by legal proceedings may be
erected upon any Lot.
6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation,
automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis,
15
trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune
buggies and any other towed or self propelled transportation type vehicle. The term
"passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks,
motorcycles, and similar type vehicles used regularly and primarily as transportation for the
Occupants of the Lot. Vehicles used for commercial and recreational purposes are not
considered passenger vehicles. "Parking areas" shall refer to the number of garage parking
spaces and driveway areas in front of garages. However, driveway areas shall be considered
"parking areas" for passenger vehicles only.
6.6.1 No vehicles other than passenger vehicles in regular use may be parked
on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area
on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an
unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a
nuisance and may be removed from the Community.
6.6.2 No passenger vehicles may be parked on any Lot or portion of the
Community except in "parking areas" as defined in this Section.
6.6.3 Any passenger vehicle which is inoperable or unlicensed and not
capable of use on the public highways and which is parked on any parking area for a period of
more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall
be considered a nuisance and may be removed from the Community.
6.6.4 The Board may adopt and maintain current rules and regulations
concerning the parking and storage of vehicles on any Lot or any portion of the Community.
Said rules are to protect the Community from the potentially adverse impacts of vehicles on
the Community environment and to accommodate the evolving nature and use of such
vehicles. Such rules and regulations may provide for exceptions and/or modifications to the
conditions of this Section as determined in the sole discretion of the Board. The Board shall
rule on any dispute as to the interpretation or application of this Section and all rules and
regulations established by the Board with respect to vehicles.
6.6.5 Off-street parking for at least three (3) passenger vehicles shall be
provided on each Lot. Covered enclosed parking shall be provided for one (1) or more
passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless
approved by the ACe.
6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on
pathways or unpaved Common Areas except vehicles being used for the limited purpose of
operating and maintaining utilities.
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6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a
minimum tenn of at least three (3) months. All leases shall require, without limitation, that the
tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of
the Association.
6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any
rules and regulations, which govern the conduct of Owners and which provide for sanctions
against Owners shall also apply to all Occupants. Fines may be levied against Owners or
Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may
then be levied against the Owner.
6.10 Animals. No animals, livestock or poultry of any kind shall b.e raised, bred or
kept in the Community; provided, however, that conventional household pets may be kept on
a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any
commercial purposes. Owners shall be responsible for the immediate clean up and removal of
all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet.
Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible
person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board
shall have the authority to detennine whether a particular pet is a nuisance or a source of
annoyance, and such detennination shall be final and conclusive. Pets shall be attended at all
times and shall be registered, licensed and inoculated from time to time as required by law.
6.11 Mining Prohibited. No portion ofthe Community shall be used for the
purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons,
minerals, gravel, or earth.
6.12 Nuisance. Each Owner and Occupant shall prevent the development of any
unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used,
in whole or in part, for the storage of any property or thing that will cause such Lot to appear
to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that
will emit foul or obnoxious odors or that will cause any noise or other condition that will or
might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding
property. No illegal, illicit, noxious or offensive activity shall be carried on within the
Community, nor shall anything be done tending to cause embarrassment, discomfort,
annoyance, or nuisance to any Person using any property within the Community. Without
limiting the generality of the foregoing, no speaker, hom, whistle, siren, bell, amplifier or
other sound device, except such devices as may be used exclusively for security purposes,
shall be located, installed or maintained upon the exterior of any Lot unless required by law or
unless specifically approved by the ACC.
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(',
6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities,
including specifically, without limiting the generality of the foregoing, the assembly of and
disassembly of motor vehicles and other mechanical devices, which might tend to cause
disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or
garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the
storage of equipment, machinery, construction supplies or any similar material on a Lot
outside of the home and garage constructed thereon is strictly prohibited except as required
during the remodeling or refurbishing of improvements on such Lot and then for not more
than sixty (60) days.
6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior
antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the
Community unless screened from view from the street without the prior written consent of the
ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and
Occupants and each Owner and Occupant agrees to comply with this provision despite the fact
that the erection of an outdoor antenna or similar device would be the most cost-effective way
to transmit or receive the signals sought to be transmitted or received.
6.15 No Obstruction of Easements. Catch basins and drainage areas are for the
purpose of natural flow of water only. No obstructions or debris shall be placed in these
areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location
and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves
for the benefit of Declarant and the Association and their respective successors and assigns a
perpetual easement across all Common Areas and Lots for the purpose of maintaining or
altering drainage and water flow. No structure, planting, or other material shall be placed or
permitted to remain upon any easement which may damage or interfere with the installation
and maintenance of any utilities, unless approved by the Board prior to installation.
6.16 Sight Distance at Intersections. All property located at street intersections
shall be landscaped so as to permit safe sight across the street comers. No fence, wall, hedge
or shrub planting shall be placed or permitted to remain where it would create a traffic or sight
problem as determined by the ACC in its sole discretion.
6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air-
conditioning compressors, machinery, equipment and other similar items related to the
operation of the residence shall be located or screened so as to be concealed from view from
the street abutting the Lot on which such items are located. All rubbish, trash, and garbage
shall be regularly removed and shall not be allowed to accumulate .. Trash, garbage, debris, or
other waste matter of any kind may not be burned within the Community.
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6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed I
except with the prior written approval of the Architectural Review Committee. Declarant,
however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant.
Any such division, boundary line change, or re-platting shall not be in violation of the
applicable subdivision and zoning regulations.
6.19 Guns. The use of firearms in the Community is prohibited. The term
"firearms" includes without limitation BB guns, pellet guns, and firearms of all types.
6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines,
including lines for cable television, shall be permitted within the Community, except for
temporary lines as required during construction and except as such lines exist upon recording
of the plat of the Community or as required by utilities serving the Community.
6.21 Lighting. No colored lights (except holiday displays and yellow insect type
lights) shall be permitted at any location within the Community. All exterior fixtures that are
attached to the home shall be of compatible design and materials of the home. Any post
mounted exterior fixtures shall be of compatible design and materials as the fixtures attached
to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be
permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No
unshielded spot/floodlight fixtures are permitted.
6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial
vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard
of any Lot unless approved by the ACe.
6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the
ACe. Mailboxes shall be attached only to stands provided and maintained by the Association
in designated locations.
6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any
Lot unless entirely screened from view from other Lots.
6.25 Exterior Security Devices. No exterior security devices, including, without
limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot
or the exterior of the residence stating that such residence is protected by a security system are
permissible.
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6.26 Construction and Sale Period. So long as Declarant owns any property in the
Community for development and/or sale, the restrictions set forth in this Article 6 shall not be
applied or interpreted so as to prevent, hinder or interfere with development, construction and
sales activities of Declarant or any builder or developer approved by Declarant.
ARTICLE 7
INSURANCE AND CASUALTY LOSSES
7.1 Insurance Coverage. The Boru:d of Directors or the duly authorized agent of
the Association shall have the authority to and shall obtain or cause to be obtained insurance
as follows:
7.1.1 The Board shall obtain insurance on all insurable buildings and, where
the Board deems there to be a reasonable risk, other substantial structures whether or not such
buildings or structures are located on the Common Areas and which the Association is
obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended
coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to
cover the full replacement cost of any repair or reconstruction in the event of damage or
destruction from any such hazard. Insurance on other substantial structures shall cover those
risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by
the Board. The Board may insure other types of improvements, including entry monuments,
landscaping, and the like, as it deems advisable. With respect to such other improvements,
the Board shall determine the risks to be insured and the amounts of insurance to be carried.
7.1.2 The Board shall obtain a public liability policy applicable to the
Common Areas covering the Association and its members for all damage or injury caused by
the negligence of the Association or any of its members or agents, and, if reasonably available,
directors' and officers' liability insurance. The public liability policy shall have a combined
single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by
the Board.
7.1.3 The Board is hereby authorized to contract with or otherwise arrange to
obtain the insurance coverage required hereunder through the Declarant and to reimburse
Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to
purchase such insurance coverage for the benefit of the Association and the Owners upon
Declarant and the Association agreeing upon the terms and conditions applicable to
reimbursement by the Association for costs incurred by Declarant in obtaining such coverage.
Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be
20
required to comply with the provisions of this Article if the Board has contracted for or
otherwise arranged to obtain the required insurance coverage through the Declarant.
7.1.4 Premiums for all insurance shall be common expenses of the
Association. The policies may contain a reasonable deductible, and the amount thereof shall
not be subtracted from the face amount of the policy in determining whether the insurance at
least equals the full replacement cost. .
7.1.5 In the event insurance premiums in connection with the insurance
required by this Article 7 become prohibitively expensive, in the judgment of the Board, the
Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce
the amount of the required insurance, self-insure itself, or discontinue the insurance all
together.
7.2 Policy Requirements. All such insurance coverage obtained by the Board of
Directors shall be written in the name of the Association, as trustee for the respective
benefited parties. Such insurance shall be governed by the provisions hereinafter set forth:
7.2.1 All policies shall be written with a company authorized to do business
in Washington.
7.2.2 Exclusive authority to adjust losses under policies obtained by the
Association shall be vested in the Association's Board of Directors; provided, however, no
Mortgagee having an interest in such losses may be prohibited from participating in the
settlement negotiations, if any, related thereto.
7.2.3 In no event shall the insurance coverage obtained and maintained by the
Association's Board of Directors hereunder be brought into contribution with insurance
purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by
the Association shall be primary:
7.2.4 All casualty insurance policies shall have an inflation guard
endorsement and an agreed amount endorsement if these are reasonably available and all
insurance policies shall be reviewed annually by one or more qualified persons, at least one of
whom must be in the real estate industry and familiar with construction in the City of Renton.
7.3 Other Insurance. In addition to the other insurance required by this Article 7,
the Board shall obtain worker's compensation insurance, if and to the e?'tent necessary to
satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity
bond or bonds on directors, officers, employees, and other persons handling or responsible for
the Association's funds, if reasonably available. The Association shall obtain additional
21
insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal
Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S.
Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development.
7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of
this Declaration, each Owner acknowledges that the Association has no obligation to provide
any insurance for any portion of individual Lots, and each Owner covenants and agrees with
all other Owners and with the Association that each Owner shall at a minimum, carry fire and
extended coverage casualty insurance on the Lot and all structures constructed thereon in an
amount sufficient to cover the full replacement costs of any repair or reconstruction in the
event of damage or destruction from any such hazard.
7.5 Damage and Destruction -Insured by Association.
7.5.1 Immediately after damage or destruction by fire or other casualty to all
or any portion of any improvement covered by insurance written in the name of the
Association, the Board of Directors or its duly authorized agent shall proceed with the filing
and adjustment of all claims arising under such insurance and obtain reliable and detailed
estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair
or reconstruction, as used in this Section, means repairing or restoring the property to
substantially the same condition and location that existed prior to the fire or other casualty,
allowing for any changes or improvements necessitated by changes in applicable building
codes. The Board of Directors shall have the enforcement powers specified in this
Declaration necessary to enforce this provision.
7.5.2 Any damage or destruction to property covered by insurance written in
the name of the Association shall be repaired or reconstructed unless, within sixty (60) days
after the casualty, afleast seventy-five percent (75%) of the Total Association Vote otherwise
agree. If for any reason either the amount of the insurance proceeds to be paid as a result of
such damage or destruction, or reliable and detailed estimates of the cost of repair or
reconstruction, or both, are not made available to the Association within such period, then the
period shall be extended until such information shall be made available; provided, however,
such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to
participate in the determination of whether damage or destruction shall be repaired or
reconstructed.
7.5.3 If the damage or destruction for which the insurance proceeds are paid
is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost
thereof, the Board of Directors shall, without the necessity of a vote of the Association's
members, levy a special assessment against all Owners in proportion to the number of Lots
22
ARTICLE 9
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of first Mortgages on Lots in
the Community. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other provisions contained therein.
9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first
Mortgage, who provides a written request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the Lot number, therefore becoming. an
"eligible holder"), will be entitled to timely written report as to the current status of said Lot
with respect to the following:
9.1.1 Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Lot on which there is a first Mortgage held,
insured, or guaranteed by such eligible holder;
9.1.2 Any delinquency in the payment of assessments or charges owed by an
Owner of a Lot subject to the Mortgage of such eligible holder.
9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be
construed as giving any Owner or other party priority over any rights of the first Mortgagee of
any Lot in the case of distribution to such Owner of insurance proceeds or condemnation
awards for losses to or a taking of the Common Areas.
9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage encumbering
such Owner's Lot. .
9.4 V AlHUD Approval. As long as the Declarant has the right to appoint and
remove the directors of the Association and so long as the project is approved by the
U.S. Department of Housing and Urban Development ("HUD") for insuring or the
U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the
Community the following actions shall require the prior approval of the VA and/or HUD as
applicable: dedication of Common Areas to any public entity; mergers and consolidations;
dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles
of Incorporation.
24
owned by such Owners. Additional assessments may be made in like manner at any time
during or following the completion of any repair or reconstruction. If the funds available from
insurance exceed the costs of repair or reconstruction or if the improvements are not repaired
or reconstructed, such excess shall be deposited to the benefit of the Association.
7.5.4 In the event that it should be determined by the Association in the
manner described above that the damage or destruction shall not be repaired or reconstructed
and no alternative improvements are authorized, then and in that event the property shall be
restored to its natural state and maintained as an undeveloped portion of the Community by
the Association in a neat and attractive condition.
7.6 Damage and Destruction -Insured by Owners. The damage or destruction
by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by
the Owner thereof within seventy-five (75) days after such damage or destruction or, where
repairs cannot be completed within seventy-five (75) days, they shall be commenced within
such period and shall be completed within a reasonable time thereafter. Alternatively, the
Owner may elect to demolish all improvements on the Lot and remove all debris therefrom
within seventy-five (75) days after such damage or destruction. In the event of noncompliance
with this provision, the Board of Directors shall have all enforcement powers specified herein.
7.7 Insurance Deductible. The deductible for any casualty insurance policy
carried by the Association shall, in the event of damage or destruction, be allocated among the
Persons who are responsible hereunder, or be a common expense of the Association.
ARTICLE 8
CONDEMNATION
In the event of a taking by eminent domain of any portion of the Common Areas on
which improvements have been constructed, then, unless within sixty (60) days after such
taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise
agree, the Association shall restore or replace such improvements so taken on the remaining
land included in the Common Areas to the extent lands are available therefor. The provisions
of Section 7.5, above, applicable to Common Areas improvements damage, shall govern
replacement or restoration and the actions to be taken in the event that the improvements are
not restored or replaced.
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9.S Applicability of Article 9. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, Bylaws, or Washington law for any of the acts set out in this Article.
9.6 Amendments by Board. Should the Federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their
respective requirements which necessitate the provisions of this Article or make any such
requirements less stringent, the Board, without approval of the Owners, may cause an
amendment to this Article to be recorded to reflect such changes.
ARTICLE 10
EASEMENTS
10.1 Easements for Use and Enjoyment.
10.1.1 Every Owner of a Lot shall have a right and easement of ingress and
egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and
shall pass with the title to each Lot, subject to the following provisions:
10.1.1.1 the right of the Association to charge reasonable fees for
the use of any portion of the Common Areas, to limit the number of guests of Lot
Owners and tenants who may use the Common Areas, and to provide for the exclusive
use and enjoyment of specific portions thereof at certain designated times by an
Owner, his family, tenants, guests, and invitees;
10.1.1.2 the right of the Association to suspend the voting rights
of an Owner and the right of an Owner to use certain Common Areas for any period
during which any assessment against such Owner's Lot remains unpaid;
10.1.1.3 the right of the Association to borrow money for the
purpose of improving the Common Areas, or any portion thereof, or for construction,
repairing or improving any facilities located or to be located thereon, and to give as
security for the payment of any such loan a Mortgage conveying all or any portion of
the Common Areas; provided, however, the lien and encumbrance of any such
Mortgage given by the Association shall be subject and subordinate to any rights,
interests, options, easements and privileges herein reserved or established for the
benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage,
irrespective of when executed, given by Declarant or any Lot Owner encumbering any
Lot or other property located within the Community; and
25
10.1.1.4 the right of the Association to dedicate or transfer all or
any portion of the Common Areas subject to such conditions as may be agreed to by
the members of the Association. No such dedication or transfer shall be effective
unless an instrument agreeing to such dedication or transfer has been approved by the
affirmative vote of at least seventy-five percent (75%) of the Total Association Vote;
provided, however, that during the Development Period, Declarant may, on its sole
signature, dedicate or transfer portions of the Common Areas, so long as such transfer
or dedication does not materially and adversely affect the Association or any Lot
Owner.
10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment
in and to the Common Areas and facilities located thereon to the members of such Owner's
family and to such Owner's tenants and guests and shall be deemed to have made a delegation
of all such rights to the Occupants of such Owner's Lot, ifleased.
10.2 Easements for Utilities. There is hereby reserved to the Declarant, the
Association and any utility providers designated by either the Declarant or the Association
blanket easements upon, across, above and under all property within the Community for
access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving
the Community or any portion thereof, including, but not limited to, gas, water, sanitary
sewer, storm sewer, cable television, telephone and electricity. It shall be expressly
permissible for the Declarant, the Association, or the designee of either, as the case may be, to
install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and
maintaining of such wires, conduits, cables and other equipment related to the providing of
any such utility or service. This easement shall be utilized so as to not unreasonably interfere
with improvements constructed upon any Lot and the building envelope for any unimproved
Lot. Should any party furnishing any such utility or service request a specific license or
easement by separate recordable document, the Board shall have the right to grant such
easement.
10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual
easement for the benefit of the Association across such portions of the Community,
determined in the sole discretion of the Association, as are necessary to allow for the
maintenance required under Article 5. Such maintenance shall be performed with a minimum
of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to
protect such property, and damage shall be repaired by the Person causing the damage at its
sole expense.
10.4 Easement for Entry Features. If Declarant installs an entry feature, there is
hereby reserved to the Declarant and the Association an easement for ingress, egress,
26
installation, construction, landscaping and maintenance of entry features and similar street-
scapes for the Community, as more fully described on the recorded subdivision plat for the
Community or any other recorded instrument, easement or conveyance. The easement and
right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers
and other vegetation around such entry features and the right to grade the land under and
around such entry features.
10.5 Construction and Sale Period Easement. Notwithstanding any provisions
contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations,
design guidelines, and any amendments thereto, so long as Declarant owns any property in the
Community for development and/or sale, Declarant reserves an easement across all
Community property for Declarant and any builder or developer approved by Declarant to
maintain and carry on, upon such portion of the Community as Declarant may reasonably
deem necessary, such facilities and activities as in the sole opinion of Declarant may be
required, convenient, or incidental to Declarant's and such builder's or developer's
development, construction, and sales activities related to property described above, including,
but without limitation: the right of access, ingress and egress for vehicular and pedestrian
traffic and construction activities over, under, on or in the Community, including, without
limitation, any Lot; the right to tie into any portion of the Community with driveways, parking
areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or
any other fee for so doing), replace, relocate, maintain and repair any device which provides
utility or similar services including, without limitation, electrical, telephone, natural gas,
water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over
the Community; the right to carry on sales and promotional activities in the Community; and
the right to construct and operate business offices, signs, construction trailers, model
residences, and sales offices. Declarant and any such builder or developer may use residences,
offices, or other buildings owned or leased by Declarant or such builder or developer as model
residences and sales offices. Rights exercised pursuant to such reserved easement shall be
exercised with a minimum of interference to the quiet enjoyment of affected property,
reasonable steps shall be taken to protect such property, and damage shall be repaired by the
Person causing the damage at its sole expense. During the Development Period, this Section
shall not be amended without the Declarant's express written consent.
ARTICLE 11
GENERAL PROVISIONS
11.1 Enforcement. Each Owner and Occupant shall comply strictly with the
Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully
amended or modified from time to time, and with the covenants, conditions, and restrictions
27
set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an
opportunity to be heard by the Board of Directors or by a representative designated by the
Board, and in accordance with rules and regulations adopted by the Board, the Board may levy
reasonable fines for violations of the above (in addition to any late charges that may be
assessed in connection with the late payment of assessments or other Association charges) in
accordance with a previously established schedule adopted by the Board and furnished to the
Owners, which fines shall be collected as provided herein for the collection of assessments.
Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be
grounds for an action to recover sums due for damages or injunctive relief, or both,
maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by
an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing
shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall
have any and all authority to enforce this Declaration with respect to the maintenance required
in Section 5.1, including but not limited to the maintenance of the stormwater detention and
drainage facilities, wetland tract, and private streets as shown on the plat.
11.2 Duration. This Declaration shall run with and bind the Community, and shall
inure to the benefit of and shall be enforceable by the Association or any Owner, their
respective legal representatives, heirs, successors, and assigns, perpetually to the extent
provided by law; provided, however, so long as and to the extent that Washington law limits
the period during which covenants restricting land to certain uses may run, any provisions of
this Declaration affected thereby shall run with and bind the land so long as permitted by such
law, after which time, any such provision shall be (a) automatically extended (to the extent
allowed by applicable law) for successive periods often (10) years, unless a written
instrument reflecting disapproval signed by the then Owners of at least seventy-five percent
(75%) of the Lots and the Declarant (so long as the Declarant owns any property for
development and/or sale in the Community) has been recorded within the year immediately
preceding the beginning of a ten (10) year renewal period agreeing to change such provisions,
in whole or in part, or to terminate the same, in which case this Declaration shall be modified
or terminated to the extent specified therein; or (b).extended as otherwise provided by law.
Every purchaser or grantee of any interest (including, without limitation, a security interest) in
any real property subject to this Declaration, by acceptance of a deed or other conveyance
therefor, thereby agrees that such provisions of this Declaration may be extended and renewed
as provided in this Section.
11.3 Amendments.
11.3.1 This Declaration may be amended unilaterally at any time and from
time to time by Declarant (i) if such amendment is necessary to bring any provision hereof
into compliance with any applicable governmental statute, rule, or regulation or judicial
28
detennination which shall be in conflict therewith; (ii) if such amendment is necessary to
enable any title insurance company to issue title insurance coverage with respect to the Lots
subject to this Declaration; (iii) if such amendment is required by an institutional or
governmental lender or purchaser of mortgage loans, including, for example, the Federal
National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such
lender or purchaser to make or purchase Mortgage loans on the Lots subject to this
Declaration; or (iv) if such amendment is necessary to enable any governmental agency or
private insurance company to insure or guarantee Mortgage loans on the Lots subject to this
Declaration; provided, however, any such amendment shall not adversely affect the title to any
Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as
Declarant owns any property for development and/or sale in the Community, Declarant may
unilaterally amend this Declaration for any other purpose; provided, however, any such
amendment shall not materially adversely affect the substantive rights of any Lot Owners
hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot
Owner. Notwithstanding the above, this Declaration shall not be amended with respect to the
maintenance requirements for the stonnwater detention and drainage facilities, wetland tract,
or private roads as shown on the plat without prior written approval from the City of Renton.
11.3.2 This Declaration may also be amended upon the affinnative vote or
written consent, or any combination thereof, of the Owners of at least seventy-five percent
(75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant
owns any property for development and/or sale in the Community). Amendments to this
Declaration shall become effective upon recordation, unless a later effective date is specified
therein.
11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any
other Person shall bring any action for partition or division of the whole or any part thereof
without the written consent of all Owners of all portions of the property located within the
Community and without the written consent of all holders of all Mortgages encumbering any
portion of the property, including, but not necessarily limited to, the Lots located within the
Community.
11.5 Gender and Grammar. The singular, wherever used herein, shall be
construed to mean the plural, when applicable, and the use of the masculine pronoun shall
include the neuter and feminine.
11.6 Severability. Whenever possible, each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision
of this Declaration to any person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any provision
29
which can be given effect without the invalid provision or application, and, to this end, the
provisions of this Declaration are declared to be severable.
11. 7 Captions. The captions of each Article and Section hereof, as to the contents
of each Article and Section, are inserted only for convenience and are in no way to be ) construed as defining, limiting, extending, or otherwise modifying or adding to the particular
Article or Section to which they refer.
11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other
provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule
against perpetuities, then such provisions shall continue only until twenty-one (21) years after
the death of the last survivor of the now-living descendants of the individuals signing this
Declaration.
11.9 Indemnification. To the fullest extent allowed by applicable Washington law,
the Association shall indemnify every officer and director against any and all expenses,
including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any
officer or director in connection with any action, suit, or other proceeding (including
settlement of any suit or proceeding, if approved by the then Board of Directors) to which
such officer or director may be a party by reason of being or having been an officer or director.
The officers and directors shall not be liable for any mistake of judgment, negligent or
otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or
bad faith. The officers and directors shall have no personal liability with respect to any
contract or other commitment made by them, in good faith, on behalf of the Association
(except to the extent that such officers or directors may also be members of the Association),
and the Association shall indemnify and forever hold each such officer and director free and
harmless against any and all liability to others on account of any such contract or commitment.
Any right to indemnification provided for herein shall not be exclusive of any other rights to
which any officer or director, or former officer or director, may be entitled. The Association
may, at the discretion of the Board, maintain adequate general liability and officers' and
directors' liability insurance to fund this obligation, if such coverage is reasonably available.
11.10 Books and Records. This Declaration, the Articles of Incorporation, the
Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership
register, books of account, and minutes of meetings of the members of the Board and of
committees shall be made available pursuant to reasonable procedures established by the
Board for inspection and copying by any member of the Association or by the duly appointed
representative of any member and by holders, insurers, or guarantors of any first Mortgage at
any reasonable time and for a purpose reasonably related to such Person's interest as a
30
member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or
at such other reasonable place as the Board shall prescribe.
11.11 Financial Review. At least annually, the Board of Directors shall prepare, or
cause to be prepared, a financial statement of the Association. Upon written request of any
institutional holder of a first Mortgage and upon payment of all necessary costs, such holder
shall be entitled to receive a copy of such financial statement within ninety (90) days of the
date of the request.
11.12 Notice of Sale, Lease or ACquisition. In the event an Owner sells or leases
such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective
date of such sale or lease, the name of the purchaser or lessee ofthe Lot and such other
infonnation as the Board may reasonably require. Upon acquisition of a Lot each new Owner
shall give the Association, in writing, the name and mailing address of the Owner and such
other infonnation as the Board may reasonably require.
11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant
owns any property for development and/or sale in the Community or has the right to
unilaterally annex additional property to the Community) all agreements and detenninations,
including settlement agreements regarding litigation involving the Association, lawfully
authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal
representatives, successors, assigns, and others having an interest in the Community or the
privilege of possession and enjoyment of any part of the Community.
11.14 Implied Rights. The Association may exercise any right or privilege given to
it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction
or rule or regulation, and every other right or privilege reasonably to be implied from the
existence of any right or privilege given to it therein or reasonably necessary to effectuate any
such right or privilege.
11.15 Variances. Notwithstanding anything to the contrary contained herein, the
Board of Directors or its designee shall be authorized to grant individual variances from any
of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or
use restriction established pursuant thereto if it detennines that waiver of application or
enforcement of the provision in a particular case would not be inconsistent with the overall
scheme of development for the Community.
11.16 Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by at least seventy-five percent (75%) of the
Total Association Vote. This Section shall not apply, however, to (i) actions brought by the
31
Association to enforce the provisions of this Declaration (including, without limitation, the
foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4
hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims
brought by the Association in proceedings instituted against it. This Section shall not be
amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof,
or is approved by the percentage votes, and pursuant to the same procedures, necessary to
institute proceedings as provided above.
EXECUTED the day and year first above written.
Owner:
C. Thomas Foster (Declarant)
Gerald L. Stump
State of Washington )
)ss.
County of King )
Maryl C. Foster
Kellie C. McNett
I certify that I know or have satisfactory evidence that C. Thomas Foster, Maryl C. Foster,
Gerald L. Stump and Kellie C. McNett are the persons who appeared before me, and said
persons acknowledged that they signed this instrument and acknowledged it to be their free and
voluntary act for the uses and purposes mention,ed in the instrument.
(Seal Or Stamp) Dated: ---------------------
Notary Public in and for the State of Washington
Residing at: _________ _
Printed Name: ----------------My Appointment Expires _______ _
32
I'
/'
HONEY BROOKE
DIVISION III
02009
Plat Map Checks
4/5/2004
SJS
Core Design, Inc.
14711 NE 29th Place
Suite 101
Bellevue, W A 98007
· ~
Lot Report 04/05/2004 08:09
CRD File> P:\2002\MAP-CHECKS.crd
LOT SE1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
94 183596.06 1676514.51 0.00
S 00°17'45" W 2634.52
95 180961.57 1676500.91 2634.52
N 88°21'09" W 2642.66
96 181037.54 1673859.34 5277.18
N 00°08'40" E 2635.53
97 183673.06 1673865.98 7912.71
S 88°20'04" E 2649.66
94 183596.06 1676514.51 10562.37
Closure Error Distance> 0.0146 Error Bearing> S 86°38'24" W
Closure Precision> 1 in 724757.0 Total Distance> 10562.37
LOT AREA: 6970500 SQ FT OR 160.0207 ACRES
BLOCK 1 TOTAL AREA: 6970500 SQ FT OR 160.0207 ACRES
Page 1 of 1
· ..
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CRD File> P:\2002\MAP-CHECKS.crd
LOT NE,SE 1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
94 183596.06 1676514.51 0.00
S 00°17'45" W 1317.26
98 182278.81 1676507.71 1317.26
N 88°20'37" W 1323.08
99 182317.06 1675185.19 2640.34
N 00°13'12" E 1317.51
100 183634.56 1675190.25 3957.85
S 88°20'04" E 1324.83
94 183596.06, 1676514.51 5282.68
Closure Error Distance> 0.0047 Error Bearing> N 08°05'20" W
Closure Precision> 1 in 1135317.4 Total Distance> 5282.68
LOT AREA: 1743635 SQ FT OR 40.0283 ACRES
BLOCK 1 TOTAL AREA: 1743635 SQ FT OR 40.0283 ACRES
Page 1 of 1
Lot Report 04/05/2004 08:11
CRD File> P:\2002\MAP-CHECKS.crd
LOT SE,SE 1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
98 182278.81 1676507.71 0.00
S 00°17'45" W 1317.26
95 180961.57 1676500.91 1317.26
N 88°21'09" W 1321.33
101 180999.56 1675180.12 2638.59
N 00°13'13" E 1317.51
99 182317.06 1675185.19 395'6.10
S 88°20'37" E 1323.08
98 182278.81 1676507.71 5279.19
Closure Error Distance> 0.0076 Error Bearing> S 72°14'18" W
Closure Precision> 1 in 690943.2 Total Distance> 5279.19
LOT AREA: 1741341 SQ FT OR 39.9757 ACRES
BLOCK 1 TOTAL AREA: 1741341 SQ FT OR 39.9757 ACRES
Page 1 of 1
Lot Report 04/05/2004 08:13
CRD File> P:\2002\MAP-CHECKS.crd
LOT NW,SE 1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
100 183634.56 1675190.25 0.00
S 00°13'12" W 1317.51
99 182317.06 1675185.19 1317.51
N 88°20'37" W 1323.08
102 182355.30 1673862.66 2640.59
N 00°08'40" E 1317.76
97 183673.06 1673865.98 3958.36
S 88°20'04" E 1324.83
100 183634.56 1675190.25 5283.18
Closure Error Distance> 0.0094 Error Bearing> N 42°36'31" W
Closure Precision> 1 in 561238.7 Total Distance> 5283.18
LOT AREA: 1743910 SQ FT OR 40.0347 ACRES
BLOCK 1 TOTAL AREA: 1743910 SQ FT OR 40.0347 ACRES
Page 1 of 1
Lot Report
CRD File> P:\2002\MAP-CHECKS.crd
LOT SE,SW,SE 1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING
101 180999.56
N 88°21'09" W 660.67
103 181018.55
N 00°10'56" E 658.82
79 181677.37
S 88°20'53" E 661.10
89 181658.31
S 00°13'13" W 658.75
EASTING
1675180.12
1674519.73
1674521.83
1675182.65
1675180.12
Closure Error Distance> 0.0092 Error Bearing> N 76°57'19"
Closure Precision> 1 in 285517.9 Total Distance> 2639.34
LOT AREA: 435243 SQ FT OR 9.9918 ACRES
101 180999.56
04/24/2004
STATION
0.00
660.67
1319.48
1980.59
2639.34
E
Page 1 of 2
06:48
..
I.
Lot Report 04/05/2004 08:16
CRD File> P:\2002\MAP-CHECKS.crd
LOT SW,SW,SE 1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
103 181018.55 1674519.73 0.00
N 88°21'09" W 660.67
96 181037.54 1673859.34 660.67
N 00°08'40" E 658.88
104 181696.42 1673861.00 1319.55
S 88°20'53" E 661. 10
79 181677.37 1674521.83 1980.65
S 00°10'56" W 658.82
103 181018.55 1674519.73 2639.47
Closure Error Distance> 0.0064 Error Bearing> N 67°57'45" E
Closure Precision> 1 in 415259.6 Total Distance> 2639.47
LOT AREA: 435277 SQ FT OR 9.9926 ACRES
BLOCK 1 TOTAL AREA: 435277 SQ FT OR 9.9926 ACRES
Page 1 of 1
Lot Report
CRD File> P:\2002\MAP-CHECKS.crd
LOT NW,SW,SE 1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING
104 181696.42
N 00°08'40" E 658.88
102 182355.30
S 88°20'37" E 661.54
105 182336.18
S 00°10'56" W 658.82
79 181677.37
N 88°20'53". W 661.10
EASTING
1673861.00
1673862.66
1674523.92
1674521.83
04/05/2004 08:18
STATION
0.00
658.88
1320.42
1979.24
104 181696.42 1673861.00 2640.34
Closure Error Distance> 0.0049 Error Bearing> N 56°13'41" W
Closure Precision> 1 in 535564.1 Total Distance> 2640.34
LOT AREA: 435564 SQ FT OR 9.9992 ACRES
BLOCK 1 TOTAL AREA: 435564 SQ FT OR 9.9992 ACRES
Page 1 of 1
Lot Report
CRD File> P:\2002\MAP-CHECKS.crd
LOT NE,SW,SE 1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING
105 182336.18 1674523.92
S 88°20'37" E 661.54
99 182317.06 1675185.19
S 00°13'12" W 658.76
89 181658.31 1675182.65
N 88°20'53" W 661.10
79 181677.37 1674521.83
N 00°10'56" E 658.82
105 182336.18 1674523.92
Closure Error Distance> 0.0048 Error Bearing> N 59°)4'07" W
Closure Precision> 1 in 544856.6 Total Distance> 2640.22
LOT AREA: 435530 SQ FT OR 9.9984 ACRES
BLOCK 1 TOTAL AREA: 435530 SQ FT OR 9.9984 ACRES
Page 1 ,of 1
04/05/2004 08:19
STATION
0.00
661. 54
1320.30
1981.40
2640.22
\-
Lot Report 04/24/2004 07:04
CRD File> P:\2002\MAP-CHECKS.crd
LOT BNDY OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
106 181986.96 1675183.92 0.00
S 00°13'12" W 328.65
89 181658.31 1675182.65 328.65
N 88°20'53" W 451.03
88 181671.31 1674731.81 779.69
N 00°10'56" E 15.00
93 181686.31 1674731.86 794.69
S 88°20'53" E 57.02
21 181684.67 1674788.85 851.71
N 00°10'56" E 69.31
22 181753.98 1674789.07 921.02
S 88°20'45" E 11.01
17 181753.67 1674800.07 932.03
N 00°10'56" E 120.04
2 181873.70 1674800.45 1052.07
N 88°20'45" W 118.04
3 181877.11 1674682.46 1170.11
N 00°10'56" E 124.34
107 182001.45 1674682.86 1294.44
S 88°20'37" E 170.06
108 181996.53 1674852.84 1464.50
N 00°10'56" E 332.60
81 182329.13 1674853.90 1797.10
S 89°17'46" E 150.01
92 182327.29 1675003.90 1947.10
S 00°10'56" W 335.09
109 181992.19 1675002.83 2282.20
S 88°20'37" E 181.16
106 181986.96 1675183.92 2463.36
Closure Error Distance> 0.0071 Error Bearing> S 54°37'36" W
Closure Precision> 1 in 346359.6 Total Distance> 2463.36
LOT AREA: 192411 SQ FT OR 4.4171 ACRES
BLOCK 1 TOTAL AREA, 192411 SQ FT OR 4.4171 ACRES
Page 1 of 1
.,
Lot Report 04/02/2004 13:48
CRD File> P:\2002\MAP-CHECKS.crd
LOT CL-1 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
73 181992.77 1674522.83 0.00
S 88°20'45" E 160.05
74 181988.15 1674682.82 160.05
S 88°20'45" E 184.06
75 181982.83 1674866.80 344.11
S 88°20'45" E 48.02
76 181981.45 1674914.80 392.13
S 88°20'45" E 255.18
77 181974.08 1675169.87 647.31
S 00°13'12" W 315.37
78 181658.71 1675168.66 962.68
N 88°20'53" W 647.10
79 181677.37 1674521.83 1609.78
N 00°10'56" E 315.40
73 181992.77 1674522.83 1925.19
Closure Error Distance> 0.0014 Error Bearing> N 72°41'45" W
Closure Precision> 1 in 1364510.4 Total Distance> 1925.19
LOT AREA: 204056 SQ FT OR 4.6845 ACRES
BLOCK 1 TOTAL AREA: 204056 SQ FT OR 4.6845 ACRES
Page 1 of 1
Lot Report 04/24/2004 07:19
CRD File> P:\2002\MAP-CHECKS.crd
LOT CL-2 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
75 181982.83 1674866.80 0.00
N 00°10'56" E 346.12
80 182328.96 1674867.90 346.12
N 89°17'46" W 14 .00
81 182329.13 1674853.90 360.12
S 00°10'56" W 332.60
108 181996.53 1674852.84 692.72
N 88°20'37" W 170.06
107 182001.45 1674682.86 862.78
S 00°10'56" W 13.30
74 181988.15 1674682.82 876.08
S 88°20'45" E 184.06
75 181982.83 1674866.80 1060.14
Closure Error Distance> 0.0068 Error Bearing> N 34°59'43" E
Closure Precision> 1 in 156397.8 Total Distance> 1060.14
LOT AREA: 7104 SQ FT OR 0.1631 ACRES
Page 1 of 2
Lot Report 04/02/2004 13:52
CRD File> P:\2002\MAP-CHECKS.crd
LOT CL-3 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
76 181981.45 1674914.80 0.00
S 88°20'45" E 255.18
77 181974.08 1675169.87 255.18
S 00°13'12" W 315.37
78 181658.71 1675168.66 570.55
N 88°20'53" W 275.10
84 181666.64 1674893.67 845.65
N 03°33'07" W 6.82
85 181673.45 1674893.2.5 852.47
RADIUS: 100.00 LENGTH: 52.50 CHORD: 51.90 DELTA: 30°04'55"
CHORD BRG: N 11°29'21" E PC-R: N 86°26'53" E PT-R: S 63°28'11" E
RADIUS POINT: 24 181679.64,1674993.06 TANGENT: 26.87
86 181724.31 1674903.59 904.97
RADIUS: 100.00 LENGTH: 45.99 CHORD: 45.58 DELTA: 26°20'52"
CHORD BRG: N 13°21'22" E PC-R: N 63°28'11" W PT-R: N 89°49'04" W
RADIUS POINT: 15 181768.98,1674814.12 TANGENT: 23.41
87 181768.66 1674914.12 950.96
N 00°10'56" E 212.79
76 181981.45 1674914.80
Closure Error Distance> 0.0020 Error Bearing> N 83°08'55" E
Closure Precision> 1 in 570150.7 Total Distance> 1163.75
LOT AREA: 81621 SQ FT OR 1.8737 ACRES
BLOCK 1 TOTAL AREA: 81621 SQ FT OR 1.8737 ACRES
Page 1 of 1
1163.75
Lot Report
CRD File> P:\2002\02009\CARLSON\02009.CRD
LOT ROW OF BLOCK 1
PNT# BEARING DISTANCE NORTHING
506 181671.31
N 00°10'56" E 15.00
3133 181686.31
S 88°20'53" E 57.02
7015 181684.67
S 88°20'53" E 60.28
EASTING
1674731.81
1674731.86
1674788.85
06/11/2004 09: 34
STATION
0.00
15.00
72.02
3134 181682.93 1674849.10 132.30
RADIUS: 25.00 LENGTH: 35.12 CHORD: 32.30 DELTA: 80°29'01"
CHORD BRG: N 51°24'36" E PC-R: N 01°39'07" E PT-R: N 78°49'54" W
RADIUS POINT: 3135 181707.92,1674849.82 TANGENT: 21.16
3136 181703.08 1674874.35 167.42
RADIUS: 121.00 LENGTH: 32.44 CHORD: 32.34 DELTA: 15°21'43"
CHORD BRG: N 18°50'57" E PC-R: S 78°49'54" E PT-R: S 63°28'11" E
RADIUS POINT: 3130 181679.64,1674993.06 TANGENT: 16.32
3137 181733.69 1674884.80 199.86
RADIUS: 79.00 LENGTH: 18.48 CHORD: 18.44 DELTA: 13°24'18"
CHORD BRG: N 19°49'39" E PC-R: N 63°28'11" W PT-R: N 76°52'30" W
RADIUS POINT: 3127 181768.98,1674814.12 TANGENT: 9.28
3138 181751.04 1674891.~5 218.34
RADIUS: 79.00 LENGTH: 17.85 CHORD: 17.81 DELTA: 12°56'34"
CHORD BRG: N 06°39'13" E PC-R': N 76°52'30" W PT-R: N 89°49'04" W
RADIUS POINT: 3127 181768.98,1674814.12 TANGENT: 8.96
3139 181768.73 1674893.12 236.19
N 00°10'56" E 32.27
3140 181801.00 1674893.22 268.46
N 00°10'56" E 50.02
3141 181851.01 1674893.38 318.48
N 00°10'56" E 50.02
3142 181901.03 1674893.54 368.49
N 00°10'56" E 35.65
3143 181936.68 1674893.65 404.15
RADIUS; 25.00 LENGTH: 38.63 CHORD: 34.90 DELTA: 88°31'41"
CHORD BRG: N 44°04'54" W PC-R: N 89°49'04" W PT-R: S 01°39'15" W
RADIUS POINT: 3144 181936.76,1674868.65 TANGENT: 24.37
3145 181961.75 1674869.37 442.77
N 88°20'45" W 68.66
3146 181963.73 1674800.74 511. 44
N 88°20'45" W 118.04
3147 181967.14 1674682.75 629.48
N 00°10'56" E 34.31
7016 182001.45 1674682.86 663.78
S 88°20'37" E 170.06
7017 181996.53 1674852.84 833.84
N 00°10'56" E 332.60
513 182329.13 1674853.90 1166.44
S 89°17'46" E 150.01
514 182327.29 1675003.90 1316.45
S 00°10'56" W 21.00
3148 182306.28 1675003.83 1337.45
N 89°17'46" W 60.00
3149 182307.02 1674943.83 1397.45
N 89°17'46" W 60.00
3150 182307.76 1674883.83 1457.45
S 00°10'56" W 101.31
3151 182206.45 1674883.51 1558.77
S 00°10'56" W 103.03
3152 182103.41 1674883.18 1661.80
S 00°10'56" W 75.67
3153 182027.75 1674882.94 1737.47
RADIUS: 25.00 LENGTH: 38.63 CHORD: 34. 90 DELTA: 88 ° 31' 41 "
CHORD BRG: S 44°04'54" E PC-R: S 89°49'04" E PT-R: N 01°39'15" E
RADIUS POINT: 3154 182027.67,1674907.94 TANGENT: 24.37
3155 182002.68 1674907.22 1776.09
S 88°20'45" E 35.65
3156 182001.65 1674942.86 1811.75
S 88°20'45" E 60.02
3157 181999.91 1675002.85 1871.77
S 00°10'56" W 7.72
7018 181992.19 1675002.83 1879.49
S 88°20'37" E 181.16
7019 181986.96 1675183.92 2060.65
S 00°13'12" W 328.65
505 181658.31. 1675182.65 2389.30
N 88°20'53" W 35.01
3111 181659.32 1675147.66 2424.31
N 00°13'12" E 84.30
3112 181743.62 1675147.98 2508.62
N 00°13'12" E 50.02
3113 181793.63 1675148.17 2558.63
N 00°13'12" E 50.02
3114 181843.65 1675148.37 2608.65
N 00°13'12" E 50.02
3115 181893.66 1675148.56 2658.66
N 00°13'12" E 35.64
3116 181929.30 1675148.70 2694.30
RADIUS: 25.00 LENGTH: 38.64 CHORD: 34.91 DELTA: 88°33'57"
CHORD BRG: N 44°03'46" W PC-R: N 89°46'48" W PT-R: S 01°39'15" W
RADIUS POINT: 3117 181929.40,1675123.70 TANGENT: 24.38
3118 181954.39 1675124.42 2732.94
N 88°20'45" W 82.19
3119 181956.76 1675042.26 2815.14
N 88°20'45" W 80.93
3120 181959.09 1674961.37 2896.06
RADIUS: 25.00 LENGTH: 39.91 CHORD: 35.81 DELTA: 91°28'19"
CHORD BRG: S 45°55'06" W PC-R: S 01°39'15" W PT-R: S 89°49'04" E
RADIUS POINT: 3121 181934.11,1674960.64 TANGENT: 25.65
3122 181934.18 1674935.64 2935.98
S 00°10'56" W 34.37
3123 181899.82 1674935.54 2970.34
S 00°10'56" W 50.02
3124 181849.80 1674935.38 3020.36
S 00°10'56" W 50.02
3125 181799.78 1674935.22 3070.38
S 00°10'56" W 31.19
3126 181768.59 1674935.12 3101.57
RADIUS: 121.00 LENGTH: 18.86 CHORD: 18.84 DELTA: 08°55'56"
CHORD BRG: S 04°38'54" W PC-R: N 89°49'04" W PT-R: N 80°53'07" W
RADIUS POINT: 3127 181768.98,1674814.12 TANGENT: 9.45
3128 181749.81 1674933.59 3120.43
RADIUS: 121.00 LENGTH: 36.78 CHORD: 36.64 DELTA: 17°24'56"
CHORD BRG: S 17°49'21" W PC-R: N 80°53'07" W PT-R: N 63°28'11" W
RADIUS POINT: 3127 181768.98,1674814.12 TANGENT: 18.53
3129 181714.93 1674922.38 3157.21
RADIUS: 79.00 LENGTH: 41.48 CHORD: 41.00 DELTA: 30°04'55"
CHORD BRG: S 11°29'21" W PC-R: S 63°28'11" E PT-R: N 86°26'53" E
RADIUS POINT: 3130 181679.64,1674993.06 TANGENT: 21.23
3131 181674.75 1674914.21 3198.69
S 03°33'07" E 8.73
3132 181666.03 1674914.75
N 88°20'53" W 183.02
506 181671.31 1674731.81
Closure Error Distance> 0.0223 Error Bearing> S 21.017'26" W
Closure Precision> 1 in 151840.5 Total Distance> 3390.44
LOT AREA: 56129 SQ FT OR 1.2885 ACRES
BLOCK 1 TOTAL AREA: 56129 SQ FT OR 1.2885 ACRES
3207.42
3390.44
Lot Report 04/24/2004 07:39
CRD File> P:\2002\MAP-CHECKS.crd
LOT 1 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
2 181873.70 1674800.45 0.00
N 88°20'45" W 118.04
3 181877.11 1674682.46 118.04
N 00°10'56" E 90.03
4 181967.14 1674682.75 208.07
S 88°20'45" E 118.04
5 181963.73 1674800.74 326.11
S 00°10'56" W 90.03
2 181873.70 1674800.45 416.14
Closure Error Distance> 0.0000
Total Distance> 416.14
LOT AREA: 10624 SQ FT OR 0.2439 ACRES
Page 1 of 2
"
LOT 2 OF
PNT# BEARING
6
N 88°20'45" W
1
N 00°10'56" E
5
S 88 ° 2 0' 4.5" E
7
BLOCK 1
DISTANCE NORTHING
181901.03
93.03
181903.71
60.02
181963.73
68.66
181961.75
EASTING
1674893.54
1674800.55
1674800.74
1674869.37
STATION
0.00
93.03
153.05
221.72
RADIUS: 25.00 LENGTH: 38.63 CHORD: 34.90 DELTA: 88°31'41"
CHORD BRG: S 44°04'54" E PC-R: S 01°39'15" W PT-R: N 89°49'04" W
RADIUS POINT: 8 181936.76,1674868.65 TANGENT: 24.37
9 181936.68 1674893.65 260.34
S 00°10'56" W 35.65
6 181901.03 1674893.54
Closure Error Distance> 0.0042 Error Bearing> S 45°13'40" E
Closure Precision> 1 in 69979.8 Total Distance> 296.00
LOT AREA: 5456 SQ FT OR 0.1252 ACRES
Page 2 of 31
296.00
Lot Report 04/24/2004 07:49
CRD File> P:\2002\MAP-CHECKS.crd
LOT 3 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
10 181851.01 1674893.38 0.00
N 88°20'45" W 93.03
11 181853.70 1674800.39 93.03
N 00°10'56" E 50.01
110 181903.71 1674800.55 143.04
S 88°20'45" E 93.03
111 181901.02 1674893.54 236.07
S 00°10'56" W 50.02
112 181851.01 1674893.38 286.09
Closure Error Distance> 0.0100 Error Bearing> N 00°10'56" E
Closure Precision> 1 in 28608.8 Total Distance> 286.09
LOT AREA: 4651 SQ FT OR 0.1068 ACRES
Page 1 of 2
LOT 4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING· EASTING STATION
12 181801.00 1674893.22 0.00
N 88°20'45" W 93.03
13 181803.68 1674800.23 93.03
N 00°10'56" E 50.02
11 181853.70 1674800.39 143.05
S 88°20'45" E 93.03
10 181851.01 1674893.38 236.08
S 00°10'56" W 50.02
12 181801.00 1674893.22 286.09
Closure Error Distance> 0.0000
Total Distance> 286.09
LOT AREA: 4652 SQ FT OR 0.1068 ACRES
Page 4 of 31
LOT 5
PNT# BEARING
14
OF BLOCK 1
DISTANCE NORTHING
181768.73
EASTING
1674893.12
STATION
0.00
RADIUS: 79.00 LENGTH: 17.85 CHORD: 17.81 DELTA: 12°56'34"
CHORD BRG: S 06°39'13" W PC-R: N 89°49'04" W PT-R: N 76°52'30" W
RADIUS POINT: 15 181768.98,1674814.12 TANGENT: 8.96
16 181751.04 1674891.05 17.85
N 88°20'45" W 91.02
17 181753.67 1674800.07
N 00°10'56" E 50.02
13 181803.68 1674800.23
S 88°20'45" E 93.03
12 181801.00 1674893.22
S 00°10'56" W 32.27
14 181768.73 1674893.12
Closure Error Distance> 0.0027 Error Bearing> S 47°46'23" W
Closure Precisio,n> 1 in 103662.2 Total Distance> 284.19
LOT AREA: 4640 SQ FT OR 0.1065 ACRES
Page 5 of 31
108.87
158.89
251.92
284.19
Lot Report 04/24/2004 07:56
CRD File> P:\2002\MAP-CHECKS.crd
LOT 6 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
21 181684.67 1674788.85 0.00
S 88°20'53" E 60.28
20 181682.93 1674849.10 60.28
RADIUS: 25.00 LENGTH: 35.12 CHORD: 32.30 DELTA: 80°29'01"
CHORD BRG: N 51°24'36" E PC-R: N 01°39'07" E PT-R: N 78°49'54" W
RADIUS POINT: 19 181707.92,1674849.82 TANGENT: 21.16
18 181703.08 1674874.35 95.40
RADIUS: 121.00 LENGTH: 32.44 CHORD: 32.34 DELTA: 15°21'43"
CHORD BRG: N 18°50'57" E PC-R: S 78°49'54" E PT-R: S 63°28'11" E
RADIUS POINT: 24 181679.64,1674993.06 TANGENT: 16.32
23 181733.69 1674884.80 127.84
RADIUS: 79.00 LENGTH: 18.48 CHORD: 18.44 DELTA: 13°24'18"
CHORD BRG: N 19°49'39" E PC-R: N 63°28'11" W PT-R: N 76°52'30" W
RADIUS POINT: 15 181768.98,1674814.12 TANGENT: 9.28
16 181751.04 1674891.05 146.32
N 88°20'45" W 102.03
22 181753.98 1674789.07 248.35
S 00°10'56" W 69.31
21 181684.67 1674788.85 317.66
Closure Error Distance> 0.0043 Error Bearing> N 51°04'08" E
Closure Precision> 1 in 73892.1 Total Distance> 317.66
LOT AREA: 6169 SQ FT OR 0.1416 ACRES
Page 1 of 2·
Lot Report
CRD File> P:\2002\MAP-CHECKS.crd
LOT 7 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING
36 181749.81
S 88°20'45" E 108.04
37 181746.69
S 00°10'56" W 39.86
113 181706.83
S 78°18'32" W 46.15
28 181697.48
S 70°50'28" W 10.98
29 181693.87
S 64°05'38" W 16.83
30 181686.52
S 53°49'12" W 11.58
31 181679.68
S 41°21'57" W 19.48
32 181665.06
N 88°20'53" W 33.80
33 181666.03
N 03°33'07" W 8.73
EASTING
1674933.59
1675041.59
1675041.46
1674996.27
1674985.90
1674970.76
1674961.41
1674948.54
1674914.75
04/24/2004 08:10
STATION
0.00
108.04
147.91
194.05
205.03
221.86
233.45
252.93
286.73
34 181674.75 1674914.21 295.46
RADIUS: 79.00 LENGTH: 41.48 CHORD: 41.00 DELTA: 30°04'55"
CHORD BRG: N 1!O29'21" E PC-R: N 86°26'53" E PT-R: S 63°28'11" E
RADIUS POINT: 24 181679.64,1674993.06 TANGENT: 21.23
35 181714.93 1674922.38 336.94
RADIUS: 121.00 LENGTH: 36.78 CHORD: 36.64 DELTA: 17°24'56"
CHORD BRG: N 17°49'21" E PC-R: N 63°28'11" W PT-R: N 80°53'07" W
RADIUS POINT: 15 181768.98,1674814.12 TANGENT: 18.53
36 181749.81 1674933.59 373.72
Closure Error Distance> 0.0054 Error Bearing> S 16°38'34" E
Closure Precision> 1 in 68613.6 Total Distance> 373.72
LOT AREA: 7358 SQ FT OR 0.1689 ACRES
Page 1 of 2
LOT 8 OF
PNT# BEARING
37
N 88°20'45" W
36
BLOCK 1
DISTANCE NORTHING
181746.69
108.04
181749.81
EASTING
1675041.59
1674933.59
STATION
0.00
108.04
RADIUS: 121. 00 LENGTH: 18.86 CHORD: 18.84 DELTA: 08°55'56"
CHORD BRG: N 04°38'54" E PC-R: N 80°53'07" W PT-R: N 89°49'04" W
RADIUS POINT: 15 181768.98,1674814.12 TANGENT: 9.45
38 181768.59 1674935.12 126.91
N00010'56" E 31.19
39 181799.78 1674935.22
S 88°20'45" E 106.58
40 181796.71 1675041.75
S 00°10'56" W 50.02
37 181746.69 1675041.59
Closure Error Distance> 0.0123 Error Bearing> N 37°40'32" W
Closure Precision> 1 in 25607.2 Total Distance> 314.69
LOT AREA: 5338 SQ FT OR 0.1225 ACRES
Page 8 of 31
158.10
264.67
314.69
LOT 9 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
40 181796.71 1675041.75 0.00
N 88°20'45" W 106.58
39 181799.78 1674935.22 106.58
N 00°10'56" E 50.02
41 181849.80 1674935.38 156.59
S 88°20'45" E 106.58
42 181846.72 1675041.91 263.17
S 00°10'56" W 50.02
40 181796.71 1675041.75 313 .18
Closure Error Distance> 0.0000
Total Distance> 313.18
LOT AREA: 5329 SQ FT OR 0.1223 ACRES
Page 9 of 31
•
LOT 10 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
42 181846.72 1675041.91 0.00
N 88°20'45" W 106.58
41 181849.80 1674935.38 106.58
N 00°10'56" E 50.02
43 181899.82 1674935.54 156.59
S 88°20'45" E 106.58
44 181896.74 1675042.07 263.17
S 00°10'56" W 50.02
42 181846.72 1675041.91 313.18
Closure Error Distance> 0.0000
Total Distance> 313.18
LOT AREA: 5329 SQ FT OR 0.1223 ACRES
Page 10 of 31
LOT 11 OF
PNT# BEARING
44
N 88°20'45" W
43
N 00°10'56" E
45
BLOCK 1
DISTANCE NORTHING
181896.74
106.58
181899.82
34.37
181934.18
EASTING
1675042.07
1674935.54
1674935.64
STATION
0.00
106.58
140.94
RADIUS: 25.00 LENGTH: 39.91 CHORD: 35.81 DELTA: 91°28'19"
CHORD BRG: N 45°55'06" E PC-R: S 89°49'04" E PT-R: S 01°39'15" W
RADIUS POINT: 46 181934.11,1674960.64 TANGENT: 25.65
47 181959.09 1674961.37 180.86
S 88°20'45" E 80.93
48 181956.76 1675042.26 261.78
S 00°10'56" W 60.02
44 181896.74 1675042.07 321.80
Closure Error Distance> 0.0044 Error Bearing> S 47°03'37" W
Closure Precision> 1 in 73897.2 Total Distance> 321.80
LOT AREA: 6252 SQ FT OR 0.1435 ACRES
Page 11 of 31
•
•
Lot Report 04/24/2004 08:18
CRD File> P:\2002\MAP-CHECKS.crd
LOT 12 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
49 181659.32 1675147.66 0.00
N 88°20'53" W 75.57
114 181661.49 1675072 .12 75.57
N 10°32'39" W 22.15
115 181683.27 1675068.07 97.72
N 33°30'43" W 21.87
116 181701.51 1675055.99 119.60
N 69°54'07" W 15.47
113 181706.83 1675041. 46 135.07
N 00°10'56" E 39.86
37 181746.69 1675041.59 174.93
S 88°20'45" E 106.44
52 181743.62 1675147.98 281. 37
S 00°13'12" W 84.30
49 181659.32 1675147.66 365.67
Closure Error Distance> 0.0083 Error Bearing> N 30°23'14" W
Closure Precision> 1 in 44076.7 Total Distance> 365.67
LOT AREA: 7941 SQ FT OR 0.1823 ACRES
Page 1 of 2
LOT 13 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
52 181743.62 1675147.98 0.00
N 88°20'45" W 106.44
37 181746.69 1675041.59 106.44
N 00°10'56" E 50.02
40 181796.71 1675041.75 156.45
S 88°20'45" E 106.47
53 181793.63 1675148.17 262.92
S 00°13'12" W 50.02
52 181743.62 1675147.98 312.94
Closure Error Distance> 0.0031 Error Bearing> N 75°55'38" E
Closure Precision> 1 in 101425.2 Total Distance> 312.94
LOT AREA: 5323 SQ FT OR 0.1222 ACRES
Page l3 of 31
,-
LOT 14 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
53 181793.63 1675148.17 0.00
N 88°20'45" W 106.47
40 181796.71 1675041.75 106.47
N 00°10'56" E 50.02
42 181846.72 1675041.91 156.49
S 88°20'45" E 106.50
54 181843.65 1675148.37 262.99
S 00°13'12" W 50.02
53 181793.63 1675148.17 313.01
Closure Error Distance> 0.0031 Error Bearing> N 75°55'38" E
Closure Precision> 1 in 101446.6 Total Distance> 313.01
LOT AREA: 5324 SQ FT OR 0.1222 ACRES
Page 14 of 31
LOT 15 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
54 181843.65 1675148.37 0.00
N 88°20'45" W 106.50
42 181846.72 1675041.91 106.50
N 00°10'56" E 50.02
44 181896.74 1675042.07 156.52
S 88°20'45" E 106.54
55 181893.66 1675148.56 263.06
S 00°13'12" W 50.02
54 181843.65 1675148.37 313.07
Closure Error Distance> 0.0071 Error ~earing> N 81°33'42" W
Closure Precision> 1 in 44221.2 Total Distance> 313.07
LOT AREA: 5326 SQ FT OR 0.1223 ACRES
Page 15 of 31
•
LOT 16 OF
PNT# BEARING
55
N 88°20'45" W
44
N 00°10'56" E
48
S 88°20'45" E
56
BLOCK 1
DISTANCE NORTHING
181893.66
106.54
181896.74
60.02
181956.76
82.19
181954.39
EASTING
1675148.56
1675042.07
1675042.26
1675124.42
STATION
0.00
106.54
166.56
248.75
RADIUS: 25.00 LENGTH: 38.64 CHORD: 34.91 DELTA: 88°33'57"
CHORD BRG: S 44°03'46" E PC-R: S 01°39'15" W PT-R: N. 89°46'48" W
RADIUS POINT: 57 181929.40,1675123.70 TANGENT: 24.38
58 181929.30 1675148.70 287.39
S 00°13'12" W 35.64
55 181893.66 1675148.56
Closure Error Distance> 0.0082 Error Bearing> N 70°51'14" E
Closure Precision> 1 in 39172.8 Total Distance> 323.03
LOT AREA: 6267 SQ FT OR 0.1439 ACRES
Page 16 of 31
323.03
LOT 17 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
59 181999.91 1675002.85 0.00 .
N 88°20'45" W 60.02
60 182001.65 1674942.86 60.02
N 00°10'56" E 100.03
61 182101.68 1674943.18 160.05
S 88°20'45" E 60.02
62 182099.95 1675003.17 220.07
S 00°10'56" W 100.03
59 181999.91 1675002.85 320.11
Closure Error Distance> 0.0000
Total Distance> 320.11
LOT AREA: 6002 SQ FT OR 0.1378 ACRES
Page 17 of 31
•
LOT 18 OF
PNT# BEARING
6.0
N 88°20'45" W
63
BLOCK 1
DISTANCE NORTHING
182001.65
35.65
182002.68
EASTING
1674942.86
1674907.22
STATION
0.00
35.65
RADIUS: 25.00 LENGTH: 38.63 CHORD: 34.90 DELTA: 88°31'41"
CHORD BRG: N 44°04'54" W PC-R: N 01039'15" E PT-R: S 89°49'04" E
RADIUS POINT: 64 182027.67,1674907.94 TANGENT: 24.37
65 182027.75 1674882.94 74.28
N 00°10'56" E 75.67
66 182103.41 1674883.18
S 88°20'45" E 60.02
61 182101.68 1674943.18
S 00°10'56" W 100.03
60 182001.65 1674942.86
Closure Error Distance> 0.0076 Error Bearing> S 23°22'29" W
Closure Precision> 1 in 40529.9 Total Distance> 310.00
LOT AREA: 5876 SQ FT OR 0.1349 ACRES
Page 18 of 31
149.95
209.97
310.00
•
.. '
LOT 19 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
61 182101.68 1674943.18 0.00
N 88°20'45" W 60.02
66 182103.41 1674883.18 60.02
N 00°10'56" E 103.03
67 182206.45 1674883.51 163.05
S 88°20'45" E 60.02
68 182204.71 1674943.51 223.07
S 00°10'56" W 103.03
61 182101.68 1674943.18 326.11
Closure Error Distance> 0.0000
Total Distance> 326.11
LOT AREA: 6182 SQ FT OR 0.1419 ACRES
Page 19 of 31
•
LOT 20 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
62 182099.95 1675003.17 0.00
N 88°20'45" W 60.02
61 182101.68 1674943.18 60.02
N 00°10'56" E 103.03
68 182204.71 1674943.51 163.05
S 88°20'45" E 60.02
69 182202.98 1675003.50 223.07
S 00°10'56" W 103.03
62 182099.95 1675003.17 326.11
Closure Error Distance> 0.0000
Total Distance> 326.11
LOT AREA: 6182 SQ FT OR 0.1419 ACRES
Page 20 of 31
•
Lot Report 04/24/2004 08:30
CRD File> P:\2002\MAP-CHECKS.crd
LOT 21 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
69 182202.98 1675003.50 0.00
N 88°20'45" W 60.02
68 182204.71 1674943.51 60.02
N 00°10'56" E 102.31
70 182307.02 1674943.83 162.33
S 89°17'46" E 60.00
71 182306.28 1675003.83 222.33
S 00°10'56" W 103.31
117 182202.98 1675003.50 325.64
Closure Error Distance> 0.0053 Error Bearing> N 30°51'52" E
Closure Precision> 1 in 61963.5 Total Distance> 325.64
LOT AREA: 6168 SQ FT OR 0.1416 ACRES
Page 1 of 2
LOT 22 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
68 182204.71 1674943.51 0.00
N 88°20'45" W 60.02
67 182206.45 1674883.51 60.02
N 00°10'56" E 101.31
72 182307.76 1674883.83 161.33
S 89°17'46" E 60.00
70 182307.02 1674943.83 221.34
S 00°10'56" W 102.31
68 182204.71 1674943.51 323.65
Closure Error Distance> 0.0053 Error Bearing>N 30°51'52" E
Closure Precision> 1 in 61583.7 Total Distance> 323.65
LOT AREA: 6109 SQ FT OR 0.1402 ACRES
Page 22 of 31
•
,.
Lot Report 04/24/2004 08:39
CRD File> P:\2002\MAP-CHECKS.crd
LOT TRACT A OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
32 181665.06 1674948.54 0.00
N 41°21'57" E 19.48
31 181679.68 1674961.41 19.48
N 53°49'12" E 11. 58
30 181686.52 1674970.76 31.07
N 64°05'38" E 16.83
29 181693.87 1674985.90 47.90
N 70°50'28" E 10.98
28 181697.48 1674996.27 58.88
N 78°18'32" E 46.15
113 181706.83 1675041.46 105.02
S 69°54'07" E 15.47
116 181701. 51 1675055.99 120.49
S 33°30'43" E 21.87
115 181683.27 1675068.07 142.37
S 10°32'39" E 22.15
114 181661.49 1675072.12 164.52
N 88°20'53" W 123.63
118 181665.06 1674948.54 288.15
Closure Error Distance> 0.0018 Error Bearing> S 38°21'17" W
Closure Precision> 1 in 156489.2 Total Distance> 288.15
LOT AREA: 3785 SQ FT OR 0.0869 ACRES
Page 1 of 2
Form No. 14
Subdivision Guarantee (4-10-75)
LIABILI1Y
FEE
First American Title Insurance Company
$
$
2101 Fourth Ave, Ste 800, Seattle, WA 98121
(253) 471-1234 -(800) 238-8810 FAX (253) 671-5808
Developer Services
Fax No. (253) 671-5813
Shari Workman
(253) 671-5834
sworkman@firstam.com
4TH REPORT
SUBDIVISION GUARANTEE
1,000.00 ORDER NO.:
350.00 TAX $ 30.80
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
Seattle Mortgage
4209-312390
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.
LIABIU1Y 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: May 21, 2004 at 7:30 A.M.
First American Title
•
Form No. 14
Subdivision Guarantee (4-10-75)
SCHEDULE A
The assurances referred to on the face page are:
A. Title is vested in:
Guarantee No.: 4209-312390
Page No.: 2
C. Thomas Foster, who also appears of record as Thomas C. Foster and Maryl C. Foster, husband
and wife and Gerald L. Stump and Kellie C. McNett
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:
Parcell:
Parcel A and B of Lot Line Adjustment 20040304900004, according to the Lot Line Adjustment
thereof recorded March 4, 2004 under King County Recording No. 20040304900004.
Except any portion conveyed under Recording No. 20040524000585, 20040524000586 and
20040524000587.
Together with a non-exclusive easement for ingress and egress as delineated on King County
Short Plat No. 776004, according to the short plat thereof recorded April 12, 1979 under King
County recording no. 7904120866.
Parcel 2:
Lot 3 of King County Short Plat No. 776004, according to the short plat thereof recorded April 12,
1979 under King County recording no. 7904120866.
Except any portion conveyed under Recording No. 20040524000587.
Together with a non-exclusive easement for ingress and egress as delineated on King County
Short Plat No. 776004, according to the short plat thereof recorded April 12, 1979 under King
County recording no. 7904120866.
Parcel 3: .
The east 150 feet of the west 480 feet of the north 330 feet of the northeast quarter of the
southwest quarter of the southeast quarter of Section 10, Township 23 north, Range 5 east,
W.M., in King County, Washington;
Together with additional appurtenant real property, which attached thereto by operation of law
as a result of decree of court quieting title in King County Superior Court Cause No. 90-2-0038-9
entered March 19, 1992 and the contents of said decree are expressly incorporated herein by this
reference to describe said additional parcel.
Together with a non-exclusive easement for ingress and egress over the south 30 feet of the
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
north 360 feet of the west 480 feet of said subdivision;
Guarantee No.: 4209-312390
Page No.: 3
Except the west 30 feet thereof conveyed to King County for road under recording no. 3042808.
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
RECORD MAnERS:
1. Delinquent General Taxes for the year 2004 .
Tax Account No.: 102305901302
1st Half
Amount Billed: $ 885.98
Amount Paid: $ 0.00
Guarantee No.: 4209-312390
Page No.: 4
Amount Due: $ 885.98, plus interest and penalty
2nd Half
Amount Billed: $ 885.98
Amount Paid: $ 0.00
Amount Due: $ 885.98, plus interest and penalty
(Affects Parcel A of Parcell and portion of Parcel B of Parcell)
2. Delinquent General Taxes for the year 2003 .
Tax Account No.: 102305901302
1st Half
Amount Billed: $ 862.41
Amount Paid: $ 0.00
Amount Due: $ 862.41, plus interest and penalty
2nd Half
Amount Billed: $ 862.40
Amount Paid: $ 0.00
Amount Due: $ 862.40, plus interest and penalty
(Affects Parcel A of Parcell and portion of Parcel B of Parcell)
3. Delinquent General Taxes for the year 2004 .
Tax Account No.: 102305902508
1st Half
Amount Billed: $ 1,953.86
Amount Paid: $ 0.00
Amount Due: $ 1,953.86, plus interest and penalty
2nd Half
Amount Billed: $ 1,953.86
Amount Paid: $ 0.00
Amount Due: $ 1,953.86, plus interest and penalty
(Affects Parcel B of Parcell and other property)
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
4. Delinquent General Taxes for the year 2003 .
Tax Account No.: 102305902508
1st Half
Amount Billed: $ 1/890.49
Amount Paid: $ 0.00
Guarantee No.: 4209-312390
Page No.: 5
Amount Due: $ 1/890.49/ plus interest and penalty
2nd Half
Amount Billed: $ 1/890.48
Amount Paid: $ 0.00
Amount Due: $ 1/890.48/ plus interest and penalty
(Affects Parcel B of Parcell and other property)
5. Delinquent General Taxes for the year 2004 .
Tax Account No.: 102305903308
1st Half
Amount Billed: $ 1/003.74
Amount Paid: $ 0.00
Amount Due: $ 1/003.74/ plus interest and penalty
2nd Half
Amount Billed: $ 1/003.73
Amount Paid: $ 0.00
Amount Due: $ 1/003.73/ plus interest and penalty
(Affects Parcel 2)
6. Delinquent General Taxes for the year 2003 .
Tax Account No.: 102305903308
Amount Billed:
Amount Paid:
Amount Due:
Amount Billed:
Amount Paid:
Amount Due:
(Affects Parcel 2)
1st Half
$
$
$
970.45
0.00
970.45/ plus interest and penalty
2nd Half
$ 970.44
$ 0.00
$ 970.44/ plus interest and penalty
First American Title
,
Form No. 14 Guarantee No.: 4209-312390
Page No.: 6 Subdivision Guarantee (4-10-75)
7. Delinquent General Taxes for the year 2004 .
Tax Account No.: 102305928107
1st Half
Amount Billed: $ 1,411.26
Amount Paid: $ 0.00
Amount Due: $ 1,411.26, plus interest and penalty _ -7 ....;>J--:>_
2nd Half
Amount Billed: $ 1,411.25
Amount Paid: $ 0.00
Amount Due: $ 1,411.25, plus interest and penalty
(Affects other property and a portion of Parcel A and B or Parcell)
8. Delinquent General Taxes for the year 2004 .
Tax Account No.: 102305923108
1st Half
Amount Billed: $ 1,480.53
Amount Paid: $ 0.00
Amount Due: $ 1,480.53, plus interest and penalty
2nd Half
. Amount Billed: $ 1,480.53
Amount Paid: $ 0.00
Amount Due: $ 1,480.53, plus interest and penalty
(Affects Parcel 3)
9. Delinquent General Taxes for the year 2003 .
Tax Account No.: 102305923108
1st Half
Amount Billed: $ 1,413.63
Amount Paid: $ 0.00
Amount Due: $ 1,413.63, plus interest and penalty
2nd Half
Amount Billed: $ 1,413.63
Amount Paid: $ 0.00
Amount Due: $ 1,413.63, plus interest and penalty
(Affects Parcel 3)
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
10.' Deed of Trust and the terms and conditions thereof.
Guarantee No.: 4209-312390
Page No.: 7
Grantor/Trustor: Thomas C. Foster, spouse of Maryl C. Foster, Maryl C. Foster,
spouse of C. Thomas Foster, Gerald L. Stump, spouse of Kellie
C. McNett, Kellie C. McNett souse of Gerald Stump
Grantee/Beneficiary: Washington First International Bank
. Trustee: First American Title
Amount: $1,904,000.00
Recorded: September 20, 2002
Recording Information: 20020920002130
11. . Assignment of leases and/or rents and the terms and conditions thereof:
Assignor: Thomas C. Foster, spouse of Maryl C. Foster, Maryl C. Foster,
spouse of C. Thomas Foster, Gerald L. Stump, spouse of Kellie
C. McNett, Kellie C. McNett spouse of Gerald Stump
Assignee: Washington First International Bank
Recorded: September 20, 2002
Recording Information: 20020920002131
12. 1. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor:
Grantee/Beneficiary:
Trustee:
Amount:
Recorded:
Recording Information:
Langley Development Group, Inc.
Washington First International Bank
First American Title Insurance
. $562,500.00 .
October 30, 2003
20031030000646
Said instrument is a re-record of recording noes). 20031029002316
13. Assignment of leases and/or rents and the terms and conditions thereof:
Assignor: Langley Development Group, Inc.
Assignee: Washington First International Bank
Recorded: October 30,2003
Recording Information: 20031030000647
14. Easement, including terms and provisions contained therein:
Recording Information: . 5005653, 5246438 and 5989934
For: Roadway and Utilities
15. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary
discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred
to in the legal description.
16. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
. violate Title 42, Section 3604(c), of the United States Codes:.
Recording Information: 8304010791
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
Guarantee No.: 4209-312390
Page No.: 8
17. Temporary Water Service Agreement and the terms and conditions thereof:
Between: Robert M. and Ruth Piele
And: King County Water District No. 90
Recording Information: 8306141032
18. Road maintenance provisions, and the terms and conditions thereof, contained in instrument:
Recording Information: 8807010506
19. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey
No. 8805029004, recorded in volume 60 of surveys, at page(s) 250, in King, Washington.
20. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey
No. 9207069006, recorded in volume 88 of surveys, at page(s) 08, in King, Washington.
21. Easement, including terms and provisions contained therein:
Recording Information: 9504240513
In Favor of: King County Water District No. 90
For: Water Mains
22. The terms and provisions contained in the document entitled "City of Renton Ordinance No.
4612"
Recorded:
Recording No.:
June 21, 1996
9606210966
23. Easement, including terms and provisions contained therein:
Recording Information: 20000105000508 and 20000105000509
In Favor of: King County Water District No. 90
For: Water Mains
24. The terms and provisions contained in the document entitled "City of Renton Ordinance No.
4924"
Recorded: January 4,2002
Recording No.: 20020104002323
-: = = ----
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.
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
Guarantee No.: 4209-312390
Page No.: 9
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability fo r loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result In taxes
or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (3) water rights, claims or 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 CONDmONS 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 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 shall In no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured Is a party, notwithstanding the nature of any allegation In such
action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured
Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth In
Paragraph 3 above:
(a) The Company shall have the right, at Its sole option and cost, to Institute and
prosecute any action or proceeding, Interpose a defense, as limited In (b), or to do
any other act which In Its opinion may be necessary or deSirable to establish the title
to the estate or Interest as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the Assured. The Company may
take 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 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.
5. 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 gMng 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 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 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
.1
Form No. 14
Subdivision Guarantee (4-10-75)
6. Options to Payor Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to payor 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 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 Payor Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To payor otherwise settle with other parties for or In the name of an Assured claimant
any claim Assured against under this Guarantee, together with any costs, attorneYs'
fees and expenses Incurred by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company Is obligated to pay.
Upon the exercise by the Company of the option provided for In Paragraph (b) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required In that paragraph, shall terminate,
Including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised Its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee Is a contract of Indemnity against actual monetary loss or damage
sustained or Incurred by the Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth In this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated In Schedule A or In Part 2;
(b) the amount of the unpaid principal Indebtedness secured by the mortgage of an
Assured mortgagee, as 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.: 4209-312390
Page No.: 10
(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 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 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 Arbltrator(s) may be entered In any court having
Jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsements, If any, attached hereto by the
Company Is the entire Guarantee and contract between the Assured and the
Company. In Interpreting any provision of this Guarantee, this Guarantee shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action
asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
PreSident, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where 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. 1282 (Rev. 12/15/95)
First American Title
First American Title Company
COPIES
OF
DOCUMENTS
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:I! Tbe BODorable Harsha PechmaD
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12 I IN 'lDB SUP:BRl:Oa COIJR'.r OF TBB STA'l'B OF WASBX!1G'1'ON
IJI AHD POR TUB cotnI'l!t OP KtNG
13 RDBBl\1' D. BACKER and BBVEBLBB 14!J. BACltBR, hu.band and wife, and
RICHARD D. BRAY and SJURLBY J\. BItAr,
15 ,husbend and wife,
16 1 Plaintiff.,
17
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19 1IOR'.l'8 D. HOOD and JANB D08 MOOD,
husband and vife: and JOBB DOBS 1-10, ~
21 Defendants.
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oJUDGEIIKIft! 8UJIIGIn
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Judga.ent Cradi~or There 1& no ~ey award
JudglUll80t Debtor in this Mtter
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rrinicpal Judgement ~t $ 0
Interest to date of Judgement S 0
Attorney's fees $ 0
Coste $ 0
other ;r;ec:cwery aJIloua~ $ 0
Principal .7uckJemellt. shall bear !Dterest at ot per annum
Attorney' $ fee., coats and otber reecvery
aJIIOuata aull bear inte:t'eat at 0\ peJ: annma
Attorney for Jud9emeDt Plai.ntifh D. Bruaa JloJ!'9a!1
~ttorney for JUdgeaen~ Defendants Dennie Ounpby
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3 I Th1s matter baving come on regularly before the Bonor.bI. Judge
4 iI Harsha Pec:hma.a apon the .U.pulBtion of ~hl!l part:ies throngh their
5 /respective COUDsel of record for entry of final jU<l9J118nt herein
6 cona.i.8tent with the sl!IttlellleDt agreement mutually entered .into hetween
7
the ~tie. throagh the auspices of JAMS and Robext ~aiser • .ediator, a
9 and there being no l:equirement to file fo~l findings of fact or
10 conclusions of law, and the court being fully ac:ld8&d,
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IT IS BBRBBY OllDBRBD, ADJUDGED AHD DBCaBBD •• follows =
1.
2.
Judgment
Fa. title ia bereby qu~atad in plaintiffs Robert D. Bac~r
and Beverlee J. Backer, husband and wife and against ~
right, title, interest or claim of defendants Konte D. J!foore
and Ral'en L. Jloar_, bushand and wife and ilga.l.nK anyone
alaiJLt.ng title under or tbrougb defendant. Moore, 811 .s to
that portion of the 8outheas~ quarter of the northwelilt
liUarter of the southeast quarter of Section 10, ~Otm"hip 23
North, Range D5 Bast of the Wlll.amette Hel':ldian !n King
county, Waahington JIIOra fully de8cd.bed •• parcel I on
Bxbibit I end Exhibit ~p attached hereto and incorporated
h~rein by thi~ ~ferance.
Fee title i. hereby ~ieted ~ plaintiffs Richard D. Bray
and Shil:ley A. Bray, husband and wife Rod against Bay right..
title. interest or claiR of defendants Hont. D. Moore and
Karan t.. Moore, bl.l8band and wife ahd against anyona claiaing
title under or t!u;ough defendants Moore all· as to that
Quietinq Title
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port:!.on of tbe Bout.heilst qllaner f,)f the northwest qouteJ:' of
tbe Bouthealilt. quarter of Section 10, Township 23 IIOrth,
Range OS ~et of the Willamette Heridian in King County,
Wa.hin«itoD, UlQre fally devcribed u ~e1 II on Bxh.i.bit I
and p~'ibit. map attached hereto and ineorporated herein by
this refereru:a.
Fee t.,it.le is bet"eby quieteci in defenda:Qtu Hont. D. Moore and
Karen L. MOore, husband and wife, againat. any xoi'lht, title,
interest or ala1m of. plais\tifflil Robert 'D. Baaker aDd
Severlee J. Backer~ bueband and vlie, and aqainst aqyona
claiJaiQI.J title under or throllgh plaintiff8 Baoker I all to aU
of that portion of the 80utbeaet qGa%1:.er of the northWest
quarter of the aoutheast 'JUArb!r of Section 10, Township 23
Rorth, Range OS But of tbe WU1Qlette Mel:'idi.an iD Jti.ng
COllnty, W •• h1.nqton, -ore fully described as '.reels A abd B
Ob Bxh1b!t II and Bxbibit Map a~tached hereto and
incorporated herein by this reference.
l"ee title is hereby quieted 1n dafendants Monte D. Koore and
ltaren L. Moore, hushand ~d wife, iiVainst any d,ght, 'tit.le
.inter •• t or 01a1lll of p,la.lntifh RicbArd D. sray Olnd Shirley
A. Bray, huabancl and wlJ:e, and against anyone claiDdruJ tit.le
~nder o~ tbrough plaintiffa ~ay, ~. to BL1 of that port.ion
of tbe soqtbeast quarter of the no~thweBt quarter of the
Bouthaast. Q~lIlrter of Seoti..on 10, TowIlBhi~ 23 North, Range 05
!!!ast of the Willamette KericU411 in ltirJg Cou.nt.y Washington,.
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mora fully deeoribed aa -Bray to Hoor~· on Bxhibit III and
Exhibit Map attached her.to and inoorporated herein tv thi.
referenca.
5. All other claima of the parties a%e hereby di.~ •• ed with
prejudice and without. coate awarded in favor of any party.
DORB IB OPBH COtJJt'l' tbia /3 day of ~ , ,
9 1992.
10
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14 Presented By.
15 FBRGUSOlll ,. BtJ1U)BLL
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cop! Received, Approved for Intty, ~ Hot ce of Preaentat.ion Wllived.:
24
25 MORGA» • McDONALD, P. s •
26'
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28 D. B:ruca Mo:a:gan
29 Attorney for Plaintiffs
30
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'.00 un OF ~1" so.mtnS'r QUAMIR OF THE lIorrtmr!:n' QUlUftEJII or ' 'l'K! atI~£MT QUAl',UII. M ~ MoO.a nli tu'l' 1.ttl'E THEa"",
'ftI 1ME 1I01m/Eat't I'lIOt.OlIG.\1'ZolC 01 'fMI IIoST t.:ll!! of ~ 1I'£S'l' ,n.oa
rut ot "nil: IfOa'fll£Allt QUAA'i'!R 0.. '1.'11' $OUl'lfWEn QVAIl'l'ft or :lAID 10UTIIEAft QUAJa'D OF UCTlOll 1a Mil 'tilE 11111' PO~1fT or .EGZlIlCZIIG;
TtiI)IeI: 1I01t'1'11 OO·U'U· £AS" 1.11 PO:: N.O:IG SA%D flIQl'..OIIQAn~ TO
A:I UU'U1tCS &u"I:-If£l"l' rarc& r.um;
%llDI" 10L'1''' ""'.'0." ~ :a.e1.u rEIT ALONG slim rElIct UHt w !'IIJ! a.wr un 0' IIIID IIOU'I'M&toft Q~1'lI 0:-fIDl 1!'Ol~ ClUAl'f1R or 'ftIJ: 101mI&U'r GIlAftD: ~!~CE 50UTH OU-Jl'll-.65T l.511 r%~ ~o.o S~%D EAST ~I~I; 'hI~'C£ NOUN It. U 'u· IIU'1' lU. 29 PEE'r 't'O t~ t;l.UE .OIn or
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twa P~RCEL DESCRIBlD lBOVK CO.TA~' .~, SQUARE 'K&T, KO.' O.
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wtt.r.rNl A. IUc:KOlC. p.L.&. aRH 308 110. "Ofl~Ol/so.a.l~
DEC'EZBDl 111 , ~,,~
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'I'IIA't i'ORl'IC, 01' TIlt SOVZ'BIiU'l' QlWCrD OF 'DIll ~ ClIWl'l'U 1)1' ~ SOClT'.tU5'r Q1Wl'l'1ta ltV -ecolO. 10, 'rOIQfSJII' :n ilOImI, ~Z •
lAST, ",x., lH :I'DG ~, WASJlDIGTOII', DI!lCllUID ,\s POr.tmIS,
c:;lIDIZIICJJIO U 'rill: ~ ClaIfII:Il OF &A:D !IIIOIVIIlO1l i ~ NaIrZ'H flO-U'S.· ENI'I' •• ~ ~ ~ lIIJ; IfD1' %.lIIB 1'ICCII\!IO,
'to *111 TRIlE PODr.l' O' 81lC1UIIIHG; . .
'rDZIICS SUtrnl II "1'7' 14-'.Am' '.lIO "11'1' .u.t:IIU: ft! IUrEllLY .IIOUIIf-
CA'tIOW 01' A 1.%'" COIIIIKCTDfC 'DIll: SOVTllEUT I:OII.1ItA 0' \"111 ,,~
110,00 'P'l' OJ' 'lSI ~ Q\Wl'S'0l or '1'IIE 1IOR'l'~ QUAM2SI or ~:tj) $OO'1'lllu1' QVAMD 01' sac-nolf 10 AIID s~:ro '!RUII: PO't1rT OF HC:onmtG 'M ,.. IX:tS1'IIIG lKIIlTII-sctmr rlJlC& LIInu
'l'IICICZ 1I011'T11 OO'17'lllt" I:AIT a.u nET 11100.' $AtD rJ:lf(::! LlIIB':o 1111 ~·Vi51' FENC. I.UIl> I
'DIZHel IIQftI( 8";1.'"-W1!&'r 8.110 FEft o\LOMO Ust' SAID F'CICB LIt'. TO SAID •• IT LI •• or Tdl lo~~~st·QU~RT'J 0' raE PORTH£A'T QCAR'rI. OF TNI SOUT.IIAS'! QlJAllTEa OF SII:CTIOif l.iI/ t'lttHCIt SOI1l!R
OO'U·U· IfI$1' " •• 0 tU\' .\UIIC': SAtD 1ft" LIBt 'to nn: nul l"ODI'1' or 1I(I%m11"~.
'rft l'.uctL PESCUBm ABOYE COIITAlllS aslQl1~a F~"'l. MORE OR ~S$.
SlTL'A'U III ICING c:omnt. "",SJIDlGTOJI,
1ID1I1" ~II
vtLLIAK A. HiCKOX, '.L.S. a~ 301 ~a .• aO~1·~1/SUF.5l=
MDYI!:!UD 20. U91 1I~'rs~u D£CD'letP. 2.0. \Ul
~ 007/009
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EXHIBIT If
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06/03/2004 12:50 FAX 206 903 63 SEATTLE TITLE SUPT SVCS ~ 008/009
------------
DI.c:.RlnXOY
BUY TO ll00StJl
THAT PORTlON OF THE SotrrHnS'I' QUARtER or THE NOp.'l'liWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTXON 10, TOW~SHIP 23 ~ORTH, kANGE 5
EAST, W.K., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOL~OWS:
COMl"lENCINC A't '.rHE SOUTHEAST CORNER OF SAID SUBDIVISION; ~~BNCE NORTH 88'~Otl'" WEST 481.44 FEET ALONG THE SOU~H LIN!
1HEREOP TO tHE SOUTK!AST CORNER OF THE WEST 180.00 FEET OF SAID
SOO'l'HEAST QaUTER OF 'l'HE HOaTHWEST QUARTER of THE SOtJTllEAS'r QtlAR-
TOI .
~K!NCE SOUTS 890 11 126-lAST 300.01 FEET ~NG A LINE CO~NE~tNG
LAST SAID SOlJ'l'HBAST CORNER ANI) '1'H1!! NOR'l'HEAST CORKER or TIll: SOUTH
8.00 Flu:r or BAlD SOUTHEAST QUAl{TER. OF mE NORTHWEST QUARTER OF
'1'HB SOtJ'l'HEAST QUAR'rER, AS HEASUltED ALONe 'l'IiE EAST LIN!: THEREOF,
TO THE NORTHERLY PRO~NGATtON OF THE ~ LINE OF THE WEST 480.00
FEET OF 'rHE NOR.THEAST QUARTER OF 'lHE SOu-rHQST QUARTER of SAID
SOUTHEAS'l' QUAR'l'BR OJ' SECTION 10 AND 'rilE TRUE POINt OF SEGINNING;
~!Net NORrH 00011'1S-EAST 1.81 FEET ALONG SAID P~OLO»GATION TO
AN EXISTING EAS~-WEST FENCE LINE; THEMes NRO'rH 89°38'0," WEST
150.00 FEET ALONG SAID FENCE LINE TO THE NORrHERLV PROLONGATION
OF THE EAST ~INE or THE WEST 330.00 FEF-T OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SOUTH~ QUARTER OF SECTION 10;
THENCE SOUTH 00°11'15" WEST 0.90 FEET ALONG SAID NORTHERLY PRO-
LONGA'rI:ON TO A POINT WHICH BEARS NORTH 89 °11 1 261t WEST FRON THE
TRUE POINT OF BEG%NNING;
THENCE SOUTH 89°17 t i6-EAST 150.01 FEET TO THE TRUE POINT OF BEGINNING. .
-rUB PARCEL DESCRIBED ABOVE CONTAINS aOJ SQUARE FEET t MORE OR LESS.
SITUATE INKING COUNTY, WASHINGTON.
MONTS MOORE WILLIAM A. HICXOX, P.L.S.
BRH ,JOB NQ.-llAn61-01/SUR.52S
DECEMB&R 20, 1991
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EXHIBIT MAP TO ACCOMPANY LAND DESCRIPTIONS'
PORTIoNs OF 11£ S.E 1/4 OF SEC. 10, T23N, R5E, W.M
KfNG COUHTV. WASHINGTON
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APPROVAL
CTY OF RENTON SURVEYING
LAND SURVEYOR'S CERTIFICATE
a su~~ L~~d~NbEy ~eJU~~n~i ~~'d~~~~~ep~esents
confonnanc. with stat. and county .t:~
J---J'~~>.:..:~~..::u..~s:.:""-ClU-_____ -,~in AUGUST, 2003. ~1)~ ..
KEVIN of. VANDERZANDEN
Certlfl~ate. No. ..~Q~+'? ....
.. ::::.,
EXISTING LEGAL DESCRIPTIONS
PARCEL A:
LOT 1 Of KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO SHORT PLAT RECORDED APRIL 12, 1979
UNDER RECORDtNC NO. 7~120866. IN KING COUNTY, WASHINGTON.
PARCEL B:
···::1.DT 2 OF IQNG COUNTY SHORT PLAT NO. 778004, ACCORDING TO SHORT PlAT RECmDED APRIL 12. 1979 ·~~.NO. 71K)4.120866. IN KING CQJNTY. WASHtNG1t»I.
PARCEL C: .. -...... ~. .'
LO":' C'F KlNC qqUNTY SHOR!..P-1.Ai • ./lIQ, 77600+, ACCORDINC TO SHORT PlAT RECORDED APRIL 12, 1979 UNDER RECORDtJ(G 1'40. 7:SlO4120866, IN KlAG·CC!UNTY. WASHINGlOO •
.... ... : ...... ::i:::·· ...... ::=/ .... ,. "". . ..... .
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RESTRICTI(.3NS., ..
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CITY OF RENTON
LOT IJNE ADJVSTMENT
LUA-03-123-u.A
LND-30-0274
0000
cORE ~DESIGN 425.88S.7lJ77 Foil 425.885.7963 OWN. BY"':,::
HCP
fNGINEERING • PLANNING SURVEYING CHKO. BY
KJV
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PARce. B
LOT 2 K.c. s.P. NO. n6004 521JN(.5lHP\..
SCALE: 1" = 40'
DATE .' 9/22:/93
SCAlE
1"=40'
20 ; i
HONEY BROOKE va. 201. PGS. .... "
rOUND Y BRASS
SURFACE DISK W/pUNCH
CTY Of RENTON
8. ,
CONTRCL P1. NO. 1852 \ J(~_~ 11
15 14
......
JOB .1i0. .:.:
03(l44
• SHEET .' 2 OF.·, 2 .' .... . :: .. ; ........ ;:, ...
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SHORT PLAT
,)fv/~/O~
NO 77f,{)IJ4
. ~ S.~ T.n R . .c K I NO COUNTY.., WAS HI NOTON
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Th. South .,half!'~~I(~r.tI>.ut ,~'.Of .. &lao s ... &Ia .... t,'1uarter of th • . Southeas~'~.quar~j~'do .• ,~~lOD: ~O;~:J... .blp12'lNorth •. lu •• ··· 5 Bast. W.M •• .. in' lin,': Coullty\1tWa. aten", .. "''''':::;~ .. ' io~;·r.\'· '.' . .
EXCEPT,. the West\'160<f •• t·'of th. HortJ'.::llO"f •• t th.r.ofa'. .:;:. .
EXCEPT the West"Z10 feet of the South 75 ·'f •• t thereof;' .
EXCEPT portion convey.d to Kill, COUDty. Wa.hill,toll for road purposes by
Deed Recorded under Auditor's Fi1. Ho. 3042080.
ArK IZ I 5it rM'19
RECOROED KC RECORDS ..
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'.' , ., .. Lot 11
All of the west 345 ft. of S1 of the H.E. \ of the S.W. \ of the S.E. ~ of Sec. 10. twp'23
North Range 5. East W.H •• lying north of the south~75 Jt. and except that portion of the west.
-l •. .' '.: ',i', :' ~i~;J···· . .' . ,,',':',, .': :., :.:.:: .. ~~ ..
. 278 ft. lying .. 1Uth of the north'· 110 ft. and nothof.the s~uth.15 ·~t •• and exc~pt .th~:.west··
. . . "
. '. . Lot" 13 .. . : ~i:.·;.I>; ,,,.-...•. ; ';' .~~;.~ .. ;.:~.;~.: .. ,.:.~:.~,,; ;~(i;~.k~ .
·~.v·· . v'
:: 'The east'l80 ft. ofthe06"Uth Is ~"the N.E •• of the S.W~" of the S.E." . M~~.,
'~" .. ';;, ,\' . :. ~ .... : ..... ,' ..... : ... :; '.~~ ':. ,; ...... " '. ':' .. '. . ." -'.' .":~/: ... ; .. _.:'-t'.:-~,.::.' '>R. 5 E";~'::'-~\~:~.~1r;r. and :together:with an e~sement,for egress and ingress and utiUties~: ~?;.~
.' as recorded under AUditors ftle 1 5989934 and 5005653. ·.f~:'." ;":'. ':
~ot 14 '.;:~:,:\(~;. ." . ' ' ' ,'~~i~"~ .. f";"?fi!'~~.llt1
The West 278 ft. of the S.1s of the H.E.~ of the S.W." of the S.E." of Sec. 10, twp 23 H.' R.'
W.M. except the N'. 110 ft. and except the S. 75 ft. thereof. Subject to and together with an. :
, . '. ~ .. ". ~
easement.·'foregres$ and ingress and· utilities. as recofoded under Audttors file 'S98993,(inc.:·,:::·;:
5005653.
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,I. ~lt7bc,1 VA.! It
91057
• ,J 7 Ie 31(,-/:-3~_
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Map on File in Vault ~
D1rectJon: ------tl----"'-;··,
Scale:
1M Me· 1,
DECLARATlOO :
. . ..
KDow all meD by tbese preseDts tbat we, tbe undersigned, owner(s) iD fee
simple [and contract purchaser(s») of tbe laud bereiD described do hereby
make a sbor· subdivision tbereofpursuaut to RCW 58.17.060 and declare .
tbis sbort p~at to be tbe grapbic represeDtation of same, &n~ tb&t said
.subd1visioD. . made witb tbe . ree CODsent. aDd iD accordance with ... ire .' .. ..
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Pu:e t:l of
. .
COVENANTS, CONDITIONS, AND RESTRICTIONS RUNNING WITD THE LAND:
.. Trlict(S) ~ ., designated upon tbe plat as a
private road and thoroug fare, Is described in tbe King County Comprehen-
.sive plan as a "local access street or road" and in accordance with tbe·
standards. tberein be . required for future.. street, . road,. or ...
" ..
. :"~":~X~~~r: .
1liiIll3S C Fa!Ier
Wa.fugtoo Deed Of Trust WAl4~14091002Y
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. .:." 5. P,RIQRSECURITY lNTERFSfS. WIth regard to any other mortgage, deed of trust, secunty agreement
it ;' .:." or !':>thef heif ~urn.ent that created a prior security mterest or encumbrance on the Property, Grantor agrees:
'\ "':,., ,/ if ~(To ~e"an payments when due and to perfonn or comply WIth all covenants
'\ .... /)i. 1);)'prqrnptlr dehver to Lender any notIces that Grantor receIVes from the holder
"::.,., "'.". . .,.,,/ ./ c. :Not t,6 alloW C!nY"moQificatIon or extensIon of, nor to request any future advances under any note or
".,"" ,,: agieemiflt ~ by the ii~ document:'WUhout Lender's pnor wntten consent
:i6~ ~ .:AdAINsr·'1TIiE. /:",:trantor?WIll pay all taxes, assessments, hens, encumbrances, lease
IiYme$, grOurid re,rtfs, u(111U~, :.and oth~f'char~es"r*-tmg to the Property when due Lender may reqwre
Grantof.,to :ProVide :to Leil.der,::cdPles of an notices th~t ~h amounts are due and the receIpts evtdencmg Grantor's't~~t '·On1lltor<Will.defen4 t.it\6.t6 the..~ity~~ any clanns that would lIDpalf the hen of
thIs Secunty InSqument. 9~r a~:~ asstgti:.10 I4rd~, as requested by Lender, any nghts, clamts or
defenses Grantoi::ml:w>bave ~gamsr parti~ who/~W4abor or matenals to mamtain or nnprove the
Property. .:'" ,..:' )' .,:: .. ,j,.:: ':~,.
7. DUE ON SALE. ~ m.£.~, ak:i~ Q~ho~/'~i~e ,the., .. ~tire OOiance,:pf the SecurOO Debts to be
immediately due and payable upon ~:crea,tion pf, ot' CQl1tract foi',·the creaUbn'i)f, a transfer or sale of the
Property. TIns nght IS subject to th!t':'r~tIo~ m:lfJos.iid byf~nit law gOY.e¢mg the preemptlon of state due-on-sale laws as applIcable .:..... ,: :: ;" .. ' "." "". :; :'.:.' .,.: . , . . .. :~.,::)' ::: :,:': ./~ '':~::'') ~t '::\.
8. WARRANfIES AND REPRFSENTATI9~. :'GraJ:itor has'the p:ght;ill.d authonty to enter mto thIs
Security Instnttnent The executIon and delivery of)lns Sec)Jl1ty Ins~e¢ \\~1.1roorv19late any agr,eement
tel governmg GianioJ!:.or to wlncb Grantor IS a party "~" '.,,,,,, "':"'." ,/ ./:{ "\.. ..{ "\ ..
~ 9. PRO~ cO~mONt ALTERATIONS ANb':~~ON{ Q~~t;~:~~ ~,,~pirty m
good conilitIOIFa¢ ~e all reparrs that are reasonably necessaw. G_r WIll riOt' com.Dnt:,or ~ any
waste,::nnpru¢1.erit, or qetenoratIon of the Property. Grantor viillJ{~ ~e P,roper!.y ~::O(tiOXlgils weeds
and ~.~,:" G~tor ~grees that the nature of the occupancy and USe ~ ~t~bSrrum.anXi·chaJ;lge WIthout
LeQder's prior wirtten.~nsent Grantor will not penrut any change many hcense, r~ct1V~:,Covenant or ~ ~t:\vrthOJit Lender's ppor wntten consent Grantor will notIfy LeIKter,¢!:.an d'em3nds,,':proceedings,
C) cl,fums, ~ ~tiOns ~Gnmtor, and of any loss or damage to the Property. -::.,:,: .. :,:: .:/ ~,.;'
~ NQ. pomriifbf the .~perty .~!ll \:le::removed, demoltshed or matenally altered W1thOilt ~f!r's pnor wntten : :g coi1SIi:.nt except .lfuitXJ~r ~ tl).e nght to remove ltems of personal property compi'lSing a part of the
~ Property)bat·~ ~'rn of o1:Js91ett:,..p~(jed that such personal property IS replaced WIth other personal
property at least ~uat in yhlue ... :t() . ...the rep~ personal property, free from any tItle retention devtce,
security agreemenfor othef ~rance. .. ".Sucli;,.replacement of personal property will be deemed subjeCt to
the ~ interesf~reated by,·'tbJS Se(~urity?~\. Grantor WIll not partltIon or subchvide the Property WIthout Lender's pn6rwntt.eri coDsent.'·':',· ::. .:' ',: .
Lender or Lender's a~;'~yJ~t ~~'s ~OJi~' ~~ the"!'r9perty at any reasonable arne for the puI1XlSe
of mspectmg the Property ~ wmg;.v~ ~r::hotIce:at the Ilijle of or before an mspection speclfymg
a reasonable purpose for theinspec;!Jon Ajiy ipSpection of the.:PrqPehY:. will be entirely for Lender's benefit
and Grantor will m no way rely on tendet"s ~on .. ;t .::' ,,'" i:,..······ .....
10. AUOIORl1Y 'IO PERFORM. If Graritor rJs'td·pe~nri'·any.~ or··~Y-.Qf the covenants contaIned
m thts Secunty Instrument, Lender may, witlIqut ~,::PerfOrm.:or ~ them. tifJle performed Grantor
appomts Lender as attorney m fact to sIgll GraIlt6~::s l'll¢le .or ploy any/~ necessary for performance
Lender's nght toperfonn for Grantor will not create.:·an:~obhgatIon·:·'to pert'O.im, ~ ~nQ!!r's fatlure to
perfonn will not preclude Lender from exerclSmg any of Up.det's ~ I1ghts,Undt:t·~13.w or'tbts Secunty
Instrument If any const:ructton on the Property IS discontIDued o;·.:'n.ot .. cam¢d ~. ¢ a reasonabre. marmer,
Lender may take all ~ necessary to protect Lender's secut1tjjn.t ltHhe PtPI*rty. '::lIlQ.hx,bng completIon of the constructIon. . "' . .;:',,:' .:~ ::. .i·"· .. ";::,' .:~ .:: .) .
11. DEFAULT. Grantor will be m default 1f any of the follOWIng occur: <: ..... /.:" ~{ {: .~:." ... ::,//.:,.::. .:.> ....... " ... ~:::, )''''''''''''.~.:'
~""""'" ", .. __ ",.St.ClwI,~,~ •• ~,,/,:("i i,' <"/"~/ ,'/i t",l'
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"o",,)
".;' ..~: b)'ll1ents. Grantor falls to make a payment lD full when due
:f;: ;: ·.:,ll.JDsO}V~9' or Bankruptcy. Any legal ennty obhgated on the Secured Debts makes an assignment for
:~ ;\;, .. ,// the benefit ofcredttors or become msolvent, e1ther because 1ts hab1hnes exceed Its assets or It 18 unable to
'f. ../: rity ~rs.,4ebts a:$. they become due, or It petitlOllS for protection under federal, state or local bankruptcy,
\\:,. ./., /insqlv~ or ~btor rebef laws, or 18 the subject of a peUtlOD or acUon under such laws and falls to have
.':"',.,,, .... ,,/.. .:: the'·peuQ.On or:ac~OlfdlSint$sedWlthm a reasonable penod of tml.e not to exceed 60 days
./ C:· ~ ot:In~mpe,tencY •. Grantefdi~O.r 18 declared legally mcompetent.
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:\., .. :1>. F:~UI:~{tiPeif6~. ~~6'tifail~ .. t.9/~rfonn any conruUon or to keep any proDllSeor covenant of · .. ~,Sec1¥to/:lnstrfun~· / ./' <: .. ' , ......... " .. , .. '::.:
E. Other ~,s~ A.defa\ilt ~ .]Jllder the ¢I¢s.,9f any other transactlon document
F. Other ~ents .. rirantOr ~ji't:iid-au1t ox(any .~ei.idebt or agreement Grantor has Wlth Lender
~. Mi9rep~~PIl:' ¢~t# mal¢s any.~;~~r~~i:··6r written statement .or prOVldes any financtal
informatIon that 18 mtrue,:tnaccurate, or co~::a ~tenal fact at the tJIne It 18 made or proVIded
H. Judgment. Grantor .~t1s ~:'sat1s1Yor ~·~>:fod~~. agaInSt G~!p'r
I. Forfeiture. The Property,. is ~ m.a· rnarmer.;& for' a ~ that tttreatem confiscation by a legal
authonty :.':.",/,' .. /: :.,." ./' ..... :. ":: .{::: .. f·
J. Name Change. Grantor chati~C$,:'Graritor'~"na:ine otasS,Ume$ an.;,adQtUonaJ name without notlfymg
Lender before making such a change. <'" .... :" t.t":·::,} /!',/:
K. ~ Transfer. Grantor transfers iilf or ~ subStantial part pf Gt;tIntof1-fffiOney or proIJeI1¥. Thls
condiuoli o{def,ault, as It relates to the trallSfer of ... the Propeqy, ~. subj:ct tQ. the restrib.t:tons ~ m the DUE ON SALE ...... " .,. , .... ,... " . ... : . "':" secuon .,: ....... ,:: .. , .... " ... / :,,:: :,/ , .... '''' .. ':~':~:. "} ";: ",/ .i'
L. PrOperty.,V ahu.~~ The value of the Property declmeS' 6r 18 11,iipan:ed .,,'. . ·· ... w· y/ )/
M~::iitseciitY~ Le@er reasonably bebeves that Lender 18 ~;' /. .. ........ \ .',' ,:' ,: :/
12. JiEMEDIES/ Letider may use any and all :remedIes Lender ~ ~er 'kafe'~r f~¢ laV/' or in any
("-.I instfumelfeVJ.d~mg}»· pertammg to the Secured Debts Any amounts'~ Oij::G¥futo~~s behalf will
O'J oo.'·imm~telydue ~ JI1!Y'bf:..~ to the balance owmg under the Secured ~~: .~ may make a
c:;) ~lann fOr .. ~yand ~. ~ce re~fits or refunds that may be avatlable on GrantOt!g' ~t./
'" . S\'ib~t to any 1}gbV'io ~,'}eqUi,red tnne scbedules or any other noUce nghts Gr:ili.tq~/may have under : g fedetat.and s~te ~w,4fude('may: make .. @ or any part of the amount owmg by the terms of the Secured
("'01 Debts tfucneiliately.' du~f an(J/fore¢lo~"iJllS"'~unty Instrument m a manner provlded by law upon the
occurrence of a default'b,r ~~e thereafter. "::.
All remedIes are cti8lIDct:"cum~uVe antfOOt ex~luslye. and the Lender 18 enutled to all remedies provlded at
law or eqwty, w~r..or.pdt ~~y set:f,~tih.::: ~ acceptance by Lender of any smn m payment or
partIal payment on the""~ I:¥bts after"'~" b!$.fuce :~" due or is accelerated or after foreclosure
proceedmgs are tiled Wl1l not COllStlttite.a .. ~verof ~s right to reqwre full and complete cure of any
exlSttng default. By not exerc18mg any ~~. I..euiJer <fOes'l)Jt W~e Lender's nght to 1ater consider the
event a default IT It continues or M~~JlgBm/" /' ./ / /. )' .. ' ....
13. COILECIlON ~ 00 ArrO_S(Fl!iS •. /On (k~/1)efau1t, to the extent pemutted
by laW, Grantor agrees to ply all expenses Q~ coll~on, .¢nfQrce~'9r prtitecttOI!. of Lender's rights and
remedIes under tlns SecurIty Instrument. GraiitorAlgrees.tb ply ~ for Lendetlo mspect and preserve
the Pro~ and for any recordatlOn ~ of releasing tbe PrOpenyfropl thls·~:Instrwnent. Expenses
IIlClude, but are not lnmted to, attorneys' fees, court cdSts ahd other legal ¢cperises. ,:~'e~ are due
and plyable munediately. If not paid nnmedlately, these e~ wfli ~ lIl(¢fest.~rh the daw:Qf plyment
mtil pud m full at the hlghest interest rate lD effect as proVIded fqt in.the ~ .. ofthe ~ ~,,; To
the extent pernntted by the United States Bankruptcy Code,GrantOr,.~~·to pay .. :ihe ~ble..:att9~·
fees Lender mcurs to collect the Secured Debts as awarded by anYCourfexetC~ing ,foiisd,l~uo~f w.lder.:~··""",:,
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. :::./i4. ~ONMENfAL lAWS AND HAZARDOUS SlJBSfANCFS. As used mtlus sectlon, (1)
!' ;: )" Enyii"oninciltal Law means, Wlthout liImtation, the ComprehensIve EnVlI'OIlIllental ResIXJI1Se, Compensatlon
;': ;::;:, .. /. an~lLilib~'ACt.(CERCLA), all other federal, state and local laws, regulatIOns, ordmances, court orders,
.;:. I:\tior.riey general opuuons or interpretive letters concennng the public health, safety, welfare, enviromnent or
'\ ,..;~ b,aZarQOU!f~bst$ce, and (2) Hazardous Substance means any toXIC, ramoactlve or hazardous matenal, \:~,:" .. ". .,.",.:' ~te, follu~t otco!l~ wlnch has charactensucs wlnch render the substance dangerous or potentlally
"",," ~ge~ 1P thf WblIc health;: safety, welfare, or enviromnent. The term mcludes, Wlthout hmItatlon, any
·SUbst:ances:defin~t"as ''lla7ardcn$ matenaI " "toXIc substance " "hazardous waste " "hazardous substance " or :·I!~gUlat~:sub.StariCen ¢dei:any;EI~y]MIII~~llWl Law' , ,
&mtod~ts, ~ ~a8rees th1t: . ,/ ... "'''''':, >-
A. E~eePt a:$ pr~~ly gtklq~ ~~/~knbwle.9~¢d}kW1nng to Lender, no Hazardous Substance bas
been, IS, or'~ be loca.,ted, Ji'anspl5i1~, mantifu.C~, ,Jreated, refined, or handled by any person on,
under or aboUt·.:~ lJ,PPe~;' ex~ n1'~ or~: .. ~ of busmess and m stnct compbance Wlth all
applIcable EnVll'Oi'imenta1 ~w. .{ / ,c·,,).f ''\.
B. Except as prevlOUSly .~l# an~fac~i~ged;-k wnnng to Lender,JJrantor bas not and will not
cause, contnbute to, or pe'i1w.r"the r~lease .of anY ~·SU~ on te·;~ .
C. Grantor will mnnedIatetY·ootify'·:Len<..fer If(l) ~;·re.le3se or ~tened ~~ea,k of Hazardous Substance
occurs on, unde~ or alxlut the Pr6pe~·:·or lill~;:or ~tex,ts to.~nnwa~·ftom nearby property, or (2)
there IS a Vlolation of any EnVll'Omnental::law.:CortcefDJilg the; . .P.r,opeI.1Y Ip such an event, Grantor will
take all necessary remechaI actlon m accordanc,¢ ~th Eri.virorunerital Ptw j' ........ :" ..
D. Exceptiiis·:previously chsclosed and acknowled~ iIl:wtIf:!,ng to :iend~r, gf.mror"ifus ... no knowJ&:ige of ~ or reaso1:i""to beh!:Ve there is any pendmg or ~ invC$ga.non,.:C1auii'~::.9f."p~g ofAmyJand
relating:to (1) an)h~:lazardous Substance located on,··ung~ ... ot'a~ut~e Pfoperi.Y" 0(.'C2) a.ny y)blagbn by
"""" GrantQt or ~y teruii:).t of any EnVlfOrunental Law Grarillir wJ.Jl im¢~tely notit)"l.erx.!er jri ~tmg as go soo~:~ G¢ntbr bas;:reason to belIeve there is any such penchn,g .;or tbreat~ned"·~vesugatkin, glium, or
c= ~~~ ~ such~ an event, Lender has .the nght, but not the' ob~tl6~1 .. PJ·:part~d~ m)my such
"" pr,oceed4tg mc~g:·the nght to receIve COpIeS of any documents relatlilg to such pr~/
O!t t. &c.ePt as.:Pz-ev,o,Usly ~losed and acknowledged m writing to Lendei;·~tor.~·:everftenant have
.::J,:·been •.. are and wtll,ieq1atD. nifuU complIance wrth any appllcable Envuonmenta1·t~w. }' .:::
t""-:,:":" &&tl(~ ~ly chscloS¢d and acknowledged m wntmg to Lender, th~·iU-e.oo underground ~ Stq:age tanks,."pnvate dufiiPs or Wen wells located on or under the Property and no S\ich tank, dwnp or
C""..t wen:.wm.~.add~ ~eSs J..#ndet~~ .. ~~ ill wntlng
G. Grantor wtll:reguJarly,/fnsp¢t:tlie Propei1Y,. momtor the actiVItIes and operatlons on the Property, and
confirm that all:. perirutS, h~ ~ .. approVals reqwred by any apphcable Envrrorunental Law are
obtaIned and con1p~ Wl~.l/: /" ,,;:" \:. j! .r··'".·,:.
H. Grantor will pefuut, .. ot ca~ apy tenaDho peinn~; l.eIJger or Lender's agent to enter and lDSpect the
Pro~ and reVIeW all recorqs at ~YJ'easonab.1e titrie to .crefel';!lline (1) the existence, location and nature
of any Hazardous Substance O,n, uMer::w, aQ,Out ~ p¢pef!Y, (2~, the exIStence, locatlon, nature, and
magmtude of any Hazardous Su.~)hat::has .been .~l~ pn, .. ~ or about the Property, or (3)
whether or not Grantor and any rellant·me m:compbance Wlm apf>lIcable'Enyuonmental Law
I. lJp)n Lender's request and at any tJme~ Gratlter.,~~, ~f ~r's ~~, to engage a qualIfied
environmental. engmeer to prqme an ~tal aQ,drt 9f ~ PrQperty::fud to.. submit the results of
such audIt to Lender. The ChOlce of the en~htal.:61gUieer:who ~ill ~nn ~h audIt is subject to
Lender's approval. ':'".:: .. ::' .::' J ."-:'. ,:'":: .:: .'
J. Lender bas the right, but not the obhgatlon, to ~~.anY··of q&nt9f's o.bbg~Qn!f~~h:luS sectlon at Grantor's expense . ':~",:' .:' :: :: .:' ,:' '::.
K. As a ~ of any breach of any representatlon, ~D' .o~ Pl:O'l1si~de .,ri;~ s~kmC'U)
Grantor wtll mdemrufy and hold Lender and Lender's successors or'3ssigris hafujless ,~.·and ~ ~lt········ ....
losses, claims, demands, babihtles, damages, cleanup, response and ~atlon ~ts;:·· .:..... and
lb:lmas C Fo6Il:r ... ".' '" ••..• ,,:' ~~l4aJlOO2Y @l996BankeIsSyslems,In::,St. ClolxI, Wi:'·~;;-:' ~::
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( .' /. ~'s: successors or assigns may sustam, and (2) at Lender's dlscretlon, Lender may release this
.:.: .' ' , )~tmty:'lnstru,ment and m retwn Grantor wtlI proVlde Lender WIth collateral of at least equal value to the ','. .: ,.' ;/ propertY' secured by tlns SecurIty Instrument WlthOUt prejUChce to any of Lender's nghts under tlns
'i;:. • .... f ,$ecm.rtY~truinent.
<::~,:".",,, .. ,,,".,.,./ ./L .;No~~~g.any'O(the 1anguage contained m tlus SecurIty Imtrument to the contrary, the tenns of
.::' th}.S sectlon .WtU' SUMVe 3l).y forecl~ure.,p'r satIsfaCtlon of tlns Secunty Instnnnent regardless of any
:{ pissag¢' oftit!.e to ~ at any, (l1Sposltlgh by Lender of any or all of the Property Any clanns and
·:'··:: .. defeD$CS to'me co¢ary~are ~ereby' waIY~:
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1S~' ~~AliIO~.·;:: Gn.fu" WI11 ~ye:~Ifid;"~t nouce of any pmdmg or tlrreatened actlo~ by
pnvate ot·puboc. etitttle8 to :-,PUl9,tiase :.o.~;/~' any".·ot ~ of. the Property through condemnation, emment
domam, or any 'Qp1er ~~ qr.m~,'aU@nzes ~pdet,:~.}iltervene m Grantor's name m any of the above
descnbed acuons 'ot" c_ Grant9t asS1~ to ~ 'the proceeds of any award or drum for damages
connected Wlth a coii&mnattoit or:::6ther ,taking::Q/ ~ ot~any part of the Property. Such proceeds will be
consIdered payments and ~ 00.': app4ed ~r~ded.;:m tlns Secunty Insnpment nus assIgnment of
proceeds lS subject to the -.' of aW pn6r ~o1'tM:ge,.,dee(r'o( trust, se¢ht¥ agreement or other hen docuInent . .,' .:: .,' .,' :" ...... ;,' Y
16. INSURANCE. Grantor agrees ~' .. ~~'~{~J' ~~.ag~ $.e.:~' reasonably assoctated WIth
the Property G~tor will rnamtam !IDs'~:lI'I:;the ~0W1tS··~ re<#irres. TIns msurance wilIlast .
untIl the Pro~rty 18 released from this Sec1lli1Y:J1istrume~ What Len4er reqwr~.~ to the precedmg
sentences ca~{cbange dunng the tenn of the Secured Debts::'::.Grantqt' may' c~ the 'lnsurance c;Oinpmy,
subject to Ifrideris::approval, WIDch will not be umeas~bly Wl¢hel~ .;:.:. ':::':,:,:",;:,,,,,:::. .\.. ./: /'
All lIL'lua¢ce POliCleS':~ renewals will mclude a standaro:,~!mortg:age .ela,*\l'·and"where app~bl~~ "loss
payee c~Use ",.:.;l(requifed by Lender, Grantor agrees to mam~ ~Pre.hensiv~ .. 8.~eral1.iab¥ity ~
and reutallo&$ or 'Pus~ interruptton msurance m amounts and ~ ppliCleS ac¢ptaQle 19: l.eJ;\der The
comwe~ve gejieral lIability msurance must name Lender as an adch~onal.ins1ired :/ Tije re¢alloss or
bus~ InteTnJPtion iIjurance must be m an amowit equal to at least coiJ~e 9,f onf;i'year's ~bt servtce, ancf~ ~row a~deposlts (If agreed to separately m writtng.) """""',:>' .,:-" .,:.:,/.
Gfuntor :~,glve ~r'~d ~::JpS1Jrance COlIlpUly unrnediate notlce of any loSs=::'-:':Ap" ~ proceeds
Will be applied to .rtstDrauoJ,l.Qf repliir of the Property or to the Secured Debts, at I..ender!s. qptlon If Lender ~ the ¥nY'm cJainaj!d ~tIon, Grantor's nghts to any msunmce pohcles arufproceeds will pISS
to Lenderto-fh6 extent of the Secured DebtS;,··",
Grantor WIll inunedtate~ n~ ~ of cruienauon or termmatlon of msurance. If Grantor falls to keep
the Property ms~ Lciider rM: obqilif:~:.tp protect Lender's interest m the Property Thts
msurance may lDClude:.cov~ 1IDt otiglmHy' f!;:fq\l!iech)f Grantor, may be wntten by a C01'IlJ:mlY other than
one Grantor would cfibose;" ang' maY be writlen.:'& a/~ rate than Grantor could obtaIn If Grantor
purchased the 1IlSUI3llCe. \. '\""'-'<:: .. :. . ./' :.,..-:: .:/" "':~!.. ". .
17. ESCROW FOR TAXES AND INSUQi\N9E. :.Gran~r wl11 notbe:.required to pay to Lender ftmds for
taxes and msurance m escrow. .: .. ""',:,,',.,.,..... : .... '. t :/. ./ ./:: '~:'~::"""""'>.
18. CO-SIGNERS. If Grantor slgDS thIs Seijtmty 'fustrinn¢t opt ~,not S1!W. Jhe. Secured Debts, Grantor
does so only to convey Grantor's mterest m the:~ to.secure ~ of me SeCijred Debts and Grantor
does not agree to be personally hable on the se6:tr~ DeJjts .:If ~ Se¢Unty, . .lpstruni$ secures a guaranty
between Lender and Grantor, Grantor agrees to waive'~Y rtihts .~t ~ prev~ Le~ ~ bringmg any
action or c1aim agamst Grantor or any }lIrty mdebted under;~ Qbhgatiim .:~ ngbts.,may melude, but are
not hmrted to, any anu-<ieficlency or one-actlon laws. "".::.::,::/ /. ,/. .::" ./.. "'=;"
19. SUCCFSSOR TRUS1'EE. Lender, at Lender's optIon, mal~ ~ tq:=¢k ~~ T~~"~
appomt a successor Wlthout any other fonnahty than the destgnatloif in.:Wn.tU:ig::: 'f4C·~):hls~~.··· ... ·, ....
Without conveyance of the ~, WJll succeed to all the tItle, power and:d~ ~eq. U:pq~fr:rustafby '\ . /, ....... , ... ~,.
thJs Secunty In<trument ani applicable law "..,.". "'.,. j@""'''':' i /"i .,' ~14091002Y Ol996BankmSystems.hJ:,SLC\oo.rl,~'·~:/'·~~ .// <~~ "}
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. r ::.:~. VSE.QF PROPERlY. The real property conveyed by tlns Secunty Instrument IS not used pnnCIpally
,; :/ fOqlgqCuJ.furaI. purposes
'::. \; .... ,/ 2ft qONsfRuCnON LOAN. ThJs Secunty Instrument secures an obbganon mcurred for the constructIon
',\, "of ali lffiplOve,menfbn the Property .
... :;";.,;,,, ..... ,,,.,.;,/ 22(~<;iAnr.E Y\w>··n.us SecurIty Instrument IS governed by the laws of Wasbmgton, except to the
~n)theJ;WJSe.teqfured by theJaws o(.the')\ttisdIctIon where the Property IS located, and the United States :qf APienqf. ./;/ "";"",,;, ~;~ }.",/' /'
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ii'\JOINT AND'INDivIDUAL UABILDY AND"SUCCESSORS. Each Grantor's oblIgations under thIs SecuntY:·~_nt We 1p&~ Df thej)'p~ganons pf ~y other Grantor Lender may sue each Grantor
mdividuaIly' Dr fugethermth .. MY .9ther .. q~ ~h:ruiy release any part of the Property and Grantor
will sttll be DblI~~ unde,r.,dus ~·~trumeritJ'odh~.(temainiog Property The dunes and benefits of
thIS Security Insll'liihent.will bmd aneJ;.benefifthe ~'l1nd asstgns of Lender and Grantor.
24. AMENDMENT, 1N.fE(jlt\rtON ANn.::.§E_ILITY. TIus Secunty Instrument may not be
amended or modIfied by oriil·".!lgri:ement NO a¢end!;ri~,.or"m~cation ut';··tb,J.s Security Instrument is
effecnve unless made m wntmg and:.exec¢ed ~ Gfun.,t6r and Ib;tder 1)JS $'ecunty Insttmnent IS the
complete and final expressIOn of the a~ent :If anY'pfbvJS}(?,RQf tIuS:. Secw.ity~lfistrument IS unenforceable,
then the unenfDrceable prOVISIon will re"~veI'e!l ~.'th¢:ren¢nng;proYlS1o.ns\~ill stJll be enforceable
25. lNTERPREfATION. Whenever used::-'·tl;le::·~al'/:mcl~:'·~:::plwa1 aIJd··~. plural includes the
smgular The .~tI0n headings are fDr convemence only' and'ar~n~9t to. ~ ~ to.mterpret'Of.. define t¥:~ of this Secunt}' InStnnnent. "::. "'::;' .... ' ."=-':;0:;.: ."".;;. \', . )" )"
26. Nan~ ~¢IAL REPORTS AND ADDn16N~l)QtUM.El'flK·:~~J DJ~' re4irlroo
by law, aily no~Ce will'~Pe given by dehvermg It orrnrulmg It bj ootl'i firSt c~ .. @d eltl1er re~ered or
cernfie4·.··'·maIl~·::· retWn r~Ipt requested, to the appropnate party's" add,ressf1Is~ m Jhe ::.DATE AND
PARTJ,ES sec.tion, ,pr to !illY other address desIgnated m wnnng NDnce &? one··~ VIJll ~. dee.fi1ed to be
noti~·to all·parti~. qpmtor wJ1l mfonn Lender m writing Df any change·.IP."G~tof1s ~e/'address or
oth~· appheation:inforoiatto,n· .. ·.Qrcmtor will p1'OV1de Lender any financial statemepts 91" tpfonqiiUon Lender
reqUests. :(.All.:financj1 ... 8fiitemerifs ... and mfonnanon Grantor gives Lender will ~':Corfoct ~ complete.
Gta.n.tor agrees to s~~:deliv~t ... and ·f.ile any addInonal documents or certIficanons that ~r may consIder
~ to perf~,/conq.n\Je;S;and:}preserve Grantor's DbligatIons under thIS Secunty liiStrument and to
confirnfl..e.P.4er..··s·~ sta9JS on.:3nY ProQerty~·<r.nne 18 Dfthe essence
SIGNATURES. ~ .sikmri~, 9~ .. !l~:\~ th.e. tenns and covenants contamed m this Secunty
Instrument Grantor also aclmo~l«lges ltceJ# Df it coPY-of thIS Security Instrument
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Wasbmgtan Deed orTrult WN4~I409IOOZY
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L£OAL DESClUPTION
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GERAW L. STUMP
Spouse ofKelhe C. McNett
Vested m the Followmg Manner:
ilOO6 SE 219th Place
Kent, Washington 98038
ThmIas C FoQer WasIunt!ton Assl2nment oflea;es and Rents WN4~1409IOOlY
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:: ./ ·:KEU.JEC.MCNETf ~,; .. ' ,;./ ./: ~-l?f Gerald Stump :\:: .... /'. ,/,:' vested nftbe Followmg Manner
':. ./.. . .~. 11606 SE 219th Place
'\:,"...... .,./':. :.:Kent; WasfnngtgnQ8038
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"':::.;": ~~GT,6N~l141t.Rl~~At.t0N.~.BANK
:9r~ aI,id e¢mg:Und,er the law.s ofWashlpgt~n
<.!J(j} ~ A,~~/N.E;/ ./ .' ,;.l/:'< ..... ,:./ /'::\,'i Seattle Washirigton .-98115 ::'.,';' :: .:' "
. TIN:' ":""'::':, .. , .. , .. " .. ,.:':'" :.:/ .// '{J: .); / .. :;.::.::::: .. /
1. SECURED DEBTS. ~:'AssIglunent·\vill ~ thi:tolloWmg Secured Debts:
A. Specific Debts. 111((foUoWmg:debts/~.~ ~tknsi9IlS~. renewals, ~ings, modificabons and
replacements A proIDlSSoi'y";hote,J~o ~9tOO5; dated SePtember 9, ~Hrom AssIgnor to Lender,
with a loan amount of $l,904,~.OO ~th .. an ~:'vana~~e mt¢.rest ra~ .. qf 7 0 percent per year untJl
September 14, 2002, after which'"tlijlt(:-'lt may c~~e as:.lhCFom~y~ prescnbes and maturin~ on
Apnl1,2004 One or more of the debts $C:CUr~ QY tbJsASSI~¢nt cOntru.ns a future advance proVISion.
B. Sums ~dvanced. All sums advandxl::;fud ¢_ mcuriect·.''by ~er"~r the tenns. of thJs
Ass1~t::··=:, .. :::..... ' .. \. '::"""'::"::":':' .,./'" :/.:' .<:,. ....... ':""\.. :/':::::.;~
2. ASSIG:NMENT"QF LEASES AND RENTS. For".good.,.aD4:vaI~ble cpriSrt1e~o~:;; the .recelpt and
sufficien~ of WPich tS: .. acknowledged, and to secID'e the"Sec\lre4:De~ ~"ASSlgn0r's pejf<>n,iianq¢ under
thIs ~JgnIllept, "Assl811Pf assigns, l:mgams, grants and conveys to .. Le~er::as adguiopal sec.untY' all ~e nght,
ntle and mte~ uithe fqllowmg (all referred to as Property). '::'./ / { ".:: ./ /. ,i"
~t Existtng oi:tutur.e leases, subleases,hcenses, guarantles and any t$er\vntten of ~erbal::~ments
.for th¢' use.:·3nd 9CcuPanCy of the Property, mcludmg any extensi6~ ... ~~",· ~cattons or
./' repla&m~ (all ref~rre(rto~ leases).',:",;,. /'./ ./
'<:" B. :Rents/~:'~ profits (~ referred to as Rents), mcludmg but not hrriiifdijo ~ deposits,
":ll,llIlimum renk¢.~e·:·~t, :,addtnonal rent, C01l1IOOn area mamtenance charges, pancmg charges, real
eSta~. ~~( ~er liIPPli~ble .;~, .. ~ prennum contnbubons, hqwdated damages followmg defau1t;"Canceuanon-i:~ '~J.oSs of rents" msurance, guest receipts, revenues, royaltles, proceeds,
bonuses, accouU,ts, CQ.nttact ~gJi.ts, genera!mtangtbles, and all rights and clamts wlnch Assignor may
have regardmg the Property,./ ,.:'. . .... : ... \ ;: ,:".,.
C. The term Pro~.~.~:~m ~. Assl~~~:~:mclude the followmg descnbed real properly.
:: ~r /:: ... : .. / .. : .. ::: ..... : ..
" ••• ::.".~.;:... 0' :::7_mKm;;6;;;n,y·~;~'i~,~W~90059.
In the event any Item bsted as Leases or Rents 1S ~ t~' be.:~nal property, thIs AsSlgmnent will also be regarded as a secunty agreement ':'.. ./; .:':' .:.:: .:.
3. PAYMENTS. AssIgnor agrees that an IJl~\~~.~ ~'f(i~p&"~ ~)IW9.lVb"en due and m
accordarx:e WIth the terms of the Secured Debts and thIS.Asslgm:uent .J' .:-"" .) .:-"' .. / .:.: ..... .
4. COILECI'ION OF RENTS. Assignor may collect, ~~~ enpy and ~::~:~ts S9,.lopg ~:Ass.ignor
IS not m default Assignor will not collect m advance any Rents dOO'UlJUture l$.:PenQ.dS;···l¢les.(AsSIgfiQr
~;:::.:---_~.~:.~3·/1~·\ t./··:?· w~ . /4\jIW'." .•• i"·< /
.\,., .. :.:/," .J: .,/:: .'~'.:.;~ .... ,,.. .. l /i
: .... .. ' . : ....
.' :: ::
.' }:. ::·bpon:~ult. Assignor will receIve any Rents m trust for Lender and AssIgnor will not commmg1e the Rents
.: .' :/ WItli~ Other funds.
:::::.. ..,,/ ~griOr ~··~t this AssIgnment IS nnmedJately effectIVe between AssIgnor and Lender and effective as :;. ...... to th.frd P,Wles on tpe recordIng of tlns AssIgnment.
'.;\ .. ,:, . ,/"1m.S ~lgt$ent~ ~~ effecttve dunng any statutory redemptIOn penod untJl the Secured Debts are .,.,.,..-.,.", sausfied. .." .:'; ....... ".. .., ...... :: ..
--
::~;·the.;.Propert§·IS ~; ~ l~.:!)tth~·:,homestead of AssIgnor or AsSIgnor'S successor m Interest.
':Assignorjigrees that L61d¢.r IS ~ed to ~ AssIgnor or AssIgnor's tenants to make Illyments of Rents
dI.i or ,.to l#cqIne .¢\Ie girect;ly .;.:to J..end~i"· ~·"SU~. recording, however Lender agrees not to notIfy
AsslgnOr'~~ :.tenants ¢.lnl:,.Assigncii\.defaul~F~···Lendet Il,€lqfies Assignor of the default and demands that
Assignor,aiid ~lgn6r,lg' ~ts ~ ~::~ due 91"t6 ~e ~ chrectly to Lender ASSIgnor consents ~
AssIgnor s tenan.~ paY1D&".all .~ ;:.aue."J~r to ~::~ directly to Lender after Lender makes this
notrlicatIon and ~·{o AsSignoi ~ the .. .,Prp~ IS farm land or the homestead of AssIgnor or
AsSIgnOr's successor m mte,rest. J:..ende.t::'may-/~/emqtCe tlns AssIgnment by takmg possessIon of the
Property for the purpose o(coll¢tmg Rentslbut .. J .. e*r ~Y,,!!fCk the a~t of a Iecelver to take
charge of the Property, collec.t;"the R,.ents Jur ;nOn-lJ,!j~ Property, a¢ apply the Rents under this
AssIgnInent. ./ ,::: .,;: :/ /. '::'. '(../'
s. COLLECl10N EXPENSESANh'AirqRNEY~{~~"':~ or aft,¢t~fault, to the extent permitted
by law. Assignor agrees to pay aU expenses..qf col1ectIon,Jmforcemem or ptJ3tectIon of Lender's nghts and
remedIes und~. tlns AssIgnment. AssIgnor agrets ~ pay: ~ fqi' Lepder.Jcn~t and ~e the
Property and.,:~t-.I\D.-Y recordatIon costs of releasmg ~~ Pro~rty)'ro~ ~" ~;'snm:~t.·~pens~/inC~~e,
but are no~;·bmited 't% . attorneys' fees, court costs and.pther l~giil ;e~. TheSe"e~ 8f,¢ ¥ and
Illyable JqIDledlately. '¥ not paId immedIately, these eXpenses"w~ beat mterest4rom·:·the~te})f P\l}'ment
untt1 paI4: m fu:l1;·~t the ~ghest mterest rate m effect as proVldedtbr tq::th~.'terms .Qr the &;ct1rt;d ~:Dts. To
the e. reqfutte4 by $e Umted States Bankruptcy Code, AssIgOOr.:~~ ~:piy 1he rea.So~ble~ttorneys'
fees Ip1der)ilcUIl:to cQllect the Secured Debts as awarded by any co~ exerclS1fig ~tIoD/under the
~~::~/ .f .'\ ...... , .. " ..... ,~: ./ .... :./ ;/ .
6. Jl:NVJR<>NMENt'~,,'lAWs. AND HAZARDOUS SUBSI'ANCFS. As~;,w;ed m' th$' section, (1) Er,1vIronriien.Jal't.a\y:~, ~.lnrutatlOn, the ComprehenslVe EnvIronmental .~/ CompensatIon
and)"JIability Act .(CijRcy\)"..~ <$er federal, state and loca1laws, regulatIODS. o~, court orders,
attorriey genera1"Opm,ions .or mt'¢~ve letters concenung the publlC health, safety, welfare, enVll'Onment or
a llazardous"sti~, .~d ¢ ~oUS"S61:pnce means any toXIc, radIoactIve or hazardous material,
waste. pollutant or <lOIl~t wlfIcli .has cbaractenstJ.cs wlnch render the substance dangerous or potenttally
dangerous to me plibhc iie8Ith, ,sa(ety. yteltWe or enyJfOmnent The tenn mcludes, WIthout lnrutatton. any
substances defined as::·~~ riiatenl'll, II t1tQ~~," "hazardous waste, II "hazardous subitance," or
"regulated submmce" uIidermy E,nvm'fumental12.w.~ .f :":"
ASsIgnor represents, warrants and. ~.~t: ./' .. /. /. "'\ ..
A. Except as previously discl~ and ~';'1~ ~\vrit.fug.fu'J.~nder, no Hazardous Subitance bas
been. IS, or will be located, miliswrt.ed. ~c~ tr$ted; ~.~r handled by any person on,
under or about the Property, except m trn;:·ord.tri4r.Y"OOurse ofbusuieSs ~-.in stnct compharice With all
apphcab1e Environmental T ftW ~:' :.: .:' " ..•.. ,. .:. , ...... . ~ J..4. • ';. .~. ,:' J. ':: :i" ".~.
B. Except as prevlOusly dISclosed and ackndwledged D)'·Wr¢mg.~ J..eiicter, .Assi~ bas not and will not
cause, contnbute to, or remntthe release of any ~01JS S~ onJlw'Propei.ty ".
C. Assignor will nmnedlately notify I..eIider 1f (1) a reI$. or··~· reI~ of J;Ia7.iUd~Us .. Sumtance
OCCW'S on, under or about the Property or mlgrates or thib¢ens to mlgrate::ftoIll:~by proreriy, or (2)
there IS a V1OlatIOn of any Envrronmental Law concerrung the ~. :iji such.an eveI#/;Assigoofwll.l
take all necessary remechal actIon m accordance With EnV1I'OmnentalI.aw /' :.::' f /:".,.'::::' .i')' . ..::-........ .
D. Except as previoIISly dISclosed and acknowledged m wntmg to Lencteli .. ASslWtor bas OO'lq~~l~ge'of \. ''',.
.. '
:.'
.' ::
";/ refutmg to (1) any Hazardous Substance located on, under or aoout the Property; or (2) any vlolatlon by
.' ASsiOO~ or any tenant of any Envrronmenta1 Law Assignor will unm.edIately nottfy Lender in wnting as :' .' ,.,' .' .~soo.n as.,.,j~.sslgnor has reason to belleve there 18 any such pend.mg or threatened mvestlgatlon, claun, or
'\, .. .." .J prOceedrrig In such an event, Lender has the nght, but not the obhgatlon, to partlClpate m any such .,. ..,/ pr~g mcl*dmg the nght to recelve COPIes of any documents relatmg to such proceedIngs. .
''\,\.,:,. "'/,. /E. ~ceP.t as .jirev!Pt1SIy, ... dlSclosed and acknowledged m wntmg to Lender, AssIgnor and every tenant
"'''''''/ .:' ~ye be¢l. a¢ a.nd W1ll reItm.m m full,~~ance Wlth any apphcable Envtronmental Law
/.' ~;-Ex~$.previ9)JSly ~los:~tand ac~wledged in writing to Lender, there are no underground
--
"··:·.:.}itorag~ ~.~: pri~a:te ~. oropen WeUS l~~ on or under the Property and no such tank, dump or
weUiwill.be added unless I...eilder first Consents'ln Wtltmg.
G. Asm~iwtlf~~gill~l~.'insP.ect ~e~, ~~l':tl}e actiVltles and operauons on the Property, and
confinn that all pemnt§'; ll~/ot /appro~ . ~~ by any apphcable Erivlronmental Law are
obtamed and ~heq,:Wlth:/ /' .~>: }' ';.' "';::'.,/ .
H. AssIgnor wtli'peiliut~ Qr'~ any tenant::.tg'l¢.hlli\; Lender or Lender's agent to enter andmspect the
Property and revIew all ~ecor$.' at anY'reasPimb)6 tlr.I,le to determme (1) the eXlStence, locat1on and nature
of any Hazardous Sub;~:'On, m.KIer gi a~Ut ~ P,r(i)~~ ... (2) the e~~ce. locauon, nature, and
rnagmtude of any HazardouS Su~.,that.bas beeJl:'released 00, undet or.oabout the Property, or (3)
whether or not Assignor and any ~)ire ¢ con.ip~ ~$ app~cabl~ Enyifonmental Law
I. Upon Lender's request and at ~y··tline/Ass~~ a~, ~t:~~wis:~xpense. to engage a quahfied
envrronmental engineer to preJme an enV.tr~ptneptal ~ild:tt of the ~pertY an~L~ submIt the ~ts of
such audJ~:tQJ .• ender. The chOlce of the envlf~tal':~~r wl)6 ~ pe~rm SUc~.audJt 18 Sl;lb~~t to
Lender'~iapprov;~ ':::. ":":';' ".:,'. :/ '\:,. , ..... ,..\ f' '}
J. ~ has are;:hght, but not the obhgatlon, to ~ ~:Y:of.'Assi~~~S,Q~~gat19ns $der,tfus #Ctlon
at Asstgnor'.~, .. ~~. ".,' /. ,,;: .,./. "."";.)' .it /:
K. i/s a ~ of any breach of any representatlon, w~ o{ pro~:~~ .. ~ $iS s~iton. (1)
~gnor,W:tllliidemfufy and hold Lender and Lender's successors o(!iSSigQ$ .. Mrml~ ~ c¢.d agamst a.U·l~·. c •• ~mands, liabIhtles, damages, cleanup. response and.remedtatton'·~. penrutles and
.,e~, ~ludmg' Wltl.!m!!-linntation all costs of lltigatlon and attorrteys.?·f~~ Wlncll"'Lender and
./Lender's ~i's ... of assigns. may sustain; and (2) at Lender's dlScretio~:J~r m.iY release thlS
<:.AsSlglimerit anq.:.'iIr'i'eturn AsSi$IJ.or will proVIde Lender Wlth collateral of at '1~~ ecp,i3l value to the
"~operty secu¢d:by ~'~gnnlent WIthout prejudIce to any of Lender's nghts under-thiS AssIgnment
L~::NQ,W,J)~ ~ of the :~~,~ m this Assignment to the contrary, the tenns of thlS
sectlon will SIll'V;lve w.rJ f~l~' or satls~ctIon of thlS Ass1gnment regardless of any passage of tItle to
Lender or any '91SpOsitl6n by:·t.mder, .. o.f any.:. or all of the Property Any clauns and defenses to the
contrary are here~'y walVed/''/ :::", ./: .:} / ... , .....
7. CONDEMNATIO~~·,".~~ will gIV~:tefxIef ~t.notice of any perxlmg or threatened actlOn by
pnvate or public entities to ~ ... ~.take aIDj' or.,:hl1 of'ihe. Property through condemnatlon, emment
domaIn, or any other means .t\sslgnOf ~nt.es ~r':'to Uite(!l~ m Assigoor's name m any of the
above descnbed actions or clann!,,::,. Assl$J1Or .:assl~ to.,;l.enger .the .~ of any award or claIm for
damages connected Wlth a concIemna'Ilon'(jr ot;lier ~,of all' Or:'imy part-of the Property Such proceeds
WJll be CODSldered plymeDts and will be applIed ::as·.,ProviCied.hn t1Ds Asslgpmem ThIs assignment of
proceeds 18 subject to the tenns of any pnor. mo~ge. :~. of:~ securitf'agreement or other ben
docwnent. . ........ / ... / .:: .:: -'" .:,
8. APPOiN'rMmr OF A RECEIVER. On or ~::an.:·Ass:t~r'lli:de~~>Ass~,.agr~ to Lender
making an appllcatlon to the court for an appomtment o(a i~ fu.f t¥ bene:tit'of ~~ to take
possession of the Property and the Leases, Wlth the power to recelve,:'coll~ ru¥l apply-the ~~~. ~ I;tents
collected will be apphed as the court authonzes to pay taxes, to piQVJ4e ~,/to ~(~ lJfu1"~!?
pay costs or any other expenses relating to the Property, the Leases aiiCl"Re$. and .any ~g ~ .sm.ill. ........... .
:.::: the Secured DebIs. AssJgnor agr«s !bat tlm appomtment ofa~i'r ni!'Y ?'~lgwmg\t,,,r""}
~~=~ ot996~Systems,JD:.SLClood,~:~:·.::~~i "./ {} ""., .. , :{::,tf, .f·}· ,;> :/
.,. .", .. ./,.' ./ //',l
. /lxm<~/:~thout reference to the then-eXlStmg value of the Property, and Wlthout regard to the insolvency of
(' / anYA~tS6n.».able for any of the Secured Debts.
:;;;:. . ... ,". 9/~UE oN"SAlK Lender may, at Its option, declare the enure OOlance of the Secured Debts to be
;. }inq)edta~~y due $.d ~yable U(X>n the creation of, or contract for the creatIon of, a transfer or sale of the
'\ . , .. :" Pr9perty'. 1;lus nght 18 subject to the restncttons JIDposed by federal law governmg the preemption of state
... ':"."'; ....... ,., .. , dtie-oI:,Fsale .laws/as .~ppntabl~
./10 •. ~~ ~ ~ATtoNS. AsSIgnor has the nght and authonty to enter mto tlns '::AssIgnment /'IJie e~ a¢ :delivery .. ,qf this Assigmnent will not violate any agreement govermng
-
MSIgnqi or .~ '?7htc1ri\sSIgnor ,is iimtY {' .. '." ................ , .. '\.
A.1'itl¢~ ASstwr 9iiS gq&i ii~le to th¢;~, ~tSf~d Property and bas the nght to assign. rargam,
grant and cOnvey 'krlender as"adch\lOll~l securiWlheJ..eaj:s and Rents, and no other person bas any ngbt
m the LeaseS':~ Ren!§,l ./' j/' {,: .:.) '. '\::, .. ,,/
B. RecordatloD:""'ASsIg11Qj' bas;.tecord¢d th~. ~'as reqUIred by law or as othel'WlSe prudent for the
type and use of the Pro~;:' /" .:' ",. /' /.
C. Default. No default\~:XJs..~ und~i the.:~, ~d tP.e'pattI~ subject t;d'ttw Leases have not VIOlated
any appbcable law on leaseS~ liceijSes a¢ ~Or9S iIDd tenants:":::,Assi~, ~ Its sole cost and expense,
will keep, observe and perform, ~ ~:'all Qth~ parges:!£> the, ~:tli'comply Wlth the Leases and .
any appbcable law. If AssIgllOr or 'any p¢y 1q:the Lease defa.~tsior f~:~ observe any apphcable law,
Assignor will promptly notify Lender'!:'.... ./ ii f "::,,/ .,-:" .f· .
D. I..ease.:~cation. Assignor has notSiible~:~.mocbt.i(:d .• extex¢t, ~~e(rot·~ alttlI¢ the
Leases, .or acCemed the surrender of the Property Covered b{$e ~'(unl~ ~,.~ so ~~)
E. En~b~:;\.Asslgnor has not assIgned, co~~;:·~fur~tt?l.QI.·~~~ th~;.i.ea#S and .
Rents,:. /\" ':::. ./ ;:""i:' /. :/ .f
11. CQ'VEN~. A~lgnor agrees to the followmg covenants.·:· .. ···::,/ :/ { ... -.~:~:: .:::". ,,/ ,);:-"
AIRenfA~i and Insurance. When any Lease prOVIdes for k aliteiDent.drabns:dUe to fire,
.,flood qf ~i: casua.lty, AsSIgnor will insure agmnst thts nsk of loss W1tb·a..po~y ~tisfdcto& to Lender .
. /Asslpn-may c~··tlie· ... ·J,USUra11Ce company, subject to Lender's appt'Qy~: wlnclf will not be .( unre3so)lal>ly wi®leld. . .... :.. ".:.: /' ::';
\Q~ Copies ofJ~ .. ASSigno~;:will promptly proVIde Lender Wlth copIes of the~' and will certify
these ~"are tn«t·':and:!~t CQPle$ The exISting Leases will be provIded on execution of the Ass~, and all ffiJ~:~ .. ana any"other infonnatlon Wlth respect to these Leases will be provided
unmedlately a~ tOOy,.~ ex¢#OO .... .:;:
C. Right To R~ts. Imm~tely ~r th.e ~~on .. of this Assignment, AsSIgnor will notify all current
and future tenants··an.q gmers .~bhgited uiide.~;::the~ of Lender's nghts to the Leases and Rents, and
will request that they DnmedUltelyilllY all futu¢ Repis ~y to Lender when Assignor or Lender asks
them to do so. However, ~gnof:~.~t ~ tp' proy.ide ~ ~ce when the ProperI;y 18 !ann land or
the homestead of Asstgnor or A$Slgnor'~,:;~~ m mteresr; / .: .... ,:.
D. Accounting. When Lendet:,requt\Sts,:;·:Ass1~~;.:\villjll'~lde::tP"·bfl:1der an accounting of Rents,
prermed in a form acceptable to Lender, m.wject:to .. gene¢Ily;.acceptfd ~tmg prmctples and certified
by AsSIgnor or AsSIgnor's accountant to be curren.t, acrurate aI,1d··CQmpleu.;·as'.ot the date requested by
Lender ':' ....... -<.;; .:,': ,:' .,":-;; ":..'
. E. Lease Modification. Assignor will not sublet';-~: e~, .~~"Or. o~ . .m~ the Leases,
or accept the surrender of the Property covered bY ~. ~ \Unl~ ~. ~,.so ~) WIthout Lender's wntten consent ":.,. ;. .' . .' .::' .:.
F.Enaunbrance. AsSIgnor will not assign, con1promise, ~oon~jnatlor.,~~ the:@ses ~:~~ .
wIthout Lender's pnor wntten consent. " .. :: ::: ::' .t· /:"""'::,:.'~~.. ./ .: .. :" ./> ....... ,.
", .•.•• .;:.~. ::,:~ ':'. ;.' ~. "VI·"nl.I"\~'
'IiiliiiaS c Fos1er
W~~orleagecandRenls WAl4~I409100lY ---'".&~~~ .. ::~~ ".("} {;,
:,' AA':~r'!; .:,: .:'." -'" f "'VVUA'"" . /" .. :}' .:: ... : •.•... :. ",/ /' .,' ::-
,:' " .:?' .:.:::r
':' .. ::' :~\ .
. ~. "\ .~.
···:·.~i·
.,' .,'
.,'
:: .,'
q{ Future Leases. Assignor will not enter mto any future Leases WIthout pnor wntten consent from ". .' Lender .... Assignor will execute and deliver such further assurances and asslgmnents as to these future
.' ,'. .' J~ ~,.LeI1der reqwres from time to time
". \:: .... ,/. /,' H~ p~ Property. Assignor will not sell or remove any personal property on the Property, unless
'.\, .. /'~ljVlOr.Jeplares this personal property with bke land for the same or better value.
':""~"" ."."" /1. ProseciJ.tio~t" and Defepse of Claims. AsSignor will appear m and prosecute Its claims or defend Its
"" ... " •. ' ./ tt~ to .:the ~ and R~ts agmpst"··~ clauns that wouldmpair Assignor's mterest Wlder this
--
f. Asslgnfilent:~, onJ~der·s. r~t, AssJtnor will also appear m any acnon or proceedmg on behalf of
':"'., .Le~. ,<\sS1gnot;:"agr~ to .1gI1 to,..l;#nder, as requested by Lender, any nght, clanns or defenses
'···wlnc.h A$S1gbor :may pave::il~ pait,ies ~h6'''Sttpply laoor or mater1als to tmprove or mamtain the
leasehOlds sUb~ to the ~:;andlor llie:Property iii:: ....
J. LiabilitY\and"'IIiderphm~OIF"I:/'~ ,~iiot)issume or become bable for the Property's
mamtenance, ':dwrecta1;Jon, Qt oth~ l~ or d$age8:.¢\en Lender acts to manage, protect or preserve
the Property, e:ireept"'for .16ssesrOi ~g~ .!3U.e:"·mJ.ender's gross negligence or mtent10nal torts.
OtherWISe, AssIgnor will Uicletn.tllfy ~ ~ 401d Lender harmless for allitabthty, loss or damage that
Lender may InCUr when ~~ opts,oio ex~~·:imy.,of I~ .. r"es a~·~r ~ obhgated under the
Leases. ".,::,' :i'" .... :< :/',' ./' .// . ">:. ,/ ,/
K. ~old &tate. AssIgnor ~ I19t cause ol~t ~.leaselIold ~'under the Leases to merge
WIth Assignor's reversIonary mter~,/and/agr~ .that QI6 ~; sha.ll·~ in full force and effect
regardless of any merger of the Asslgnor.!:s in~r~ aIJd of aUy:¢.erger otthe interests of Assignor and
any party ophgated Wlder the Leases.:':::), :': ~r ,i' /' .,"""'"'''''' .
L Insolv~q. •. Lender will be the creditor of eaCh teIifu1(tind of .ariyone el~ obbgated'::under tIit~ses
who IS sUbject to:~ assIgmnent for the benefit of c~tors, ~'ms'Olvericy, a'dis$Ol'i1~on Ora re¢elV~p ~. ~~ a ~ptcy. .,:""",,,.,,,.,, .,/:: ",-/' .... " . .-' ...... ''' .... '' .... , .... )' ./ .;/y //
12. D~AUL'f. 'AsSlgn,tlr will be m default if any of the fOllowmg.pccur: .::. . .... -..... ;: )'/' ./
A •. ;Paym~ts. Asst&x>r fruls to make a payment m full when ~f ~~. <. .... "",.:: .. ':.. .:-"
~{JnsolV'encyJ)I' Ba,bkruptcy. Any legal entity obhgated on the Secureg. Debt§. m$.fs ~ ~gmn.ent for
the benefit oftredItOrs or ~ lJlSOlvent, etther because Its babihttes eX~·1ts aSsetS or it IS unable to
/Pay Il# de~' as ~ey,.~:··~e, or It pet11lons for protectton under federal:':~~te gt 1~ OOnkruptcy,
.::. msolvency"or <k;btQl" rehef laws~.or IS the subject of a pet1tIOn or actton under such ~ aixl fails to have
.. ~, petrtion or ,~¥,n ~ ~thm a reasonable penod of time not to exceed 60 days"'/
C:·~ princ$n~cy~ As8igtl9~.rue$. or IS declared legally mcompetent.
D. F~ to p¢'o~. /Ass~r'i~ils to'~ any condlt1on or to keep any pronuse or covenant of tlus AssIgnment '.: "",.".:' ,;: ,,' .. ,. '.:. <
E. Other Docmrients. A defiJt occ&:s kiftlltdcims of any other transactton document
F. Other ~l!;.,··kgrior ~: m deratilt;OIfiny.:dihe~:~bt or agreement Asslgnor has wIth Lender.
G. MIsrepresentation. AsSignoh~es anY' vet:6al oj Wijtten statement or provldes any financml
informatton that IS untrue, iIlaci<urate, or'Conceals ilnateiial faCt at~ time It IS made or provided.
H. Judgment. Asstgnor falls k;·fIa~fy.,6; aWeat;~ ~~.~.As~~gnor. .
I. Forfeiture. The Property IS used m a ID.annei,Qt;.for ~'~ 'iliat ~ confiscatton by a legal authonty .,:: .:' ..... " .. :. :'.', ....... ..
J. Name' Change. Assignor changes Asslinor'-s"~:br .~~ aJ ad~~pnal ~e WIthout notifymg
Lender before making such a change . ':>: .. ::''':-. ..:: :::: :.,:',; .:: ...
K. Property 'Jioansfer. Assignor transrers all or a···s~tan.tihl ~ o(Ass~,!~ .~:'6r.,property
ThIs conditIOn of default, as It relates to the transfer of:·:.the J?topefty, ,jS sub#! to ~ re$tnct1ons
contamed m the DUE ON SALE sec1lon. .;. .:' / .... /( \': :; /"":.
L. Property Value. The value of the Property decbnes or IS un~el /,:'. ./ .. ii' /": .. , .. ;:'::~:~: ./:/ .7,·,·········.· ....
100mas C Faster
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.. / :.,: ~'llJ.security. Lender reasonably beheves that Lender IS msecure.
;;-:,,/ 13.:/RD.mDI;I,!'S. After Asslgnor defaults, and after Lender gives any legally reqmred notIce and
.::::: .... ,,/ opPo¢unty',t(fd.ir~ the default, Lender may at Lender's optIon do any one or more of the followmg .
. ,'/ fj.. l\~~eration.. Lender may make all or any part of the amount owmg by the terms of the Secured '\~ ... :,. ,./.. :Del?lS in$ediately ~'" .
':", ...... /' ./ B •. :AddijiOl1~~f S,eciuity "':~nder may.~d addlttonal sectn'J.ty or addittonal parues to be obhgated to
-
('-.I •
/. ply the::Secqt~'I)eb~,.:. \: . /'" :/
·:··:··,:: .. C. ~~ :iendei'miiY~ roW"futd alt.tfmedies Lender has under Washmgton or federal law or in any
'instniment eYldentmg pi' petta,iPmg to ~~ Sec.uted~bts
D. ~<fe Bci1~~. I.foID~r may ~:~ c~l~r~~ and all msurance benefits or refimds that may
be avrulable qn AsSlgnor'.~' default ./' .. :,{ .t' < "":( /'
", .~~ " .~" . ", .... ",
E. Payments'~ QriA~guor,.!~~. A.n;16qmS·M'Vanced on Assignor's behalf will be immediately
due and may be a<K1.ed to tl;le Seqlred Qebts ... :: ... ,/ ./ '\::
F. Rents. Lender may ~ ~i8nor~~' n'gbt to:~llect ~ts and direc9,y collect and retam Rents m
Lender's name WIthout taking:jx>ssesSion of the' Property'iirid to··demand, cOn~, receive, and sue for the
Rents, gIvmg proper receipts ansf rel~/: In./ilqdlnon, aftet.deduc~ .Jill reasomble expenses of
collecuon from any collected and·:·~ed .Rents:;· Lendel: .. ~ apPly ~ .. fuhln.ce as provided for by the
Secured Debts ".,.,:" ./:. ...:': /' j-" .:'::::,:.) .,/; .. ,>.
G. Entry. Lender may seek the apJX)tnt:irten~:of ~ ~ver to exer~~ ¥ fo~o~~. powers and dunes'
to enter, ta:ke.:lJOSSesSlon, manage and operate all 'f?I' any, .. paq of the Property; make, 'lll.odrlY, e~~ or
cancel ~,:·accept:Jlle surrender of any Leases; o~ or evict9nY.,~tS or''l~~; ~rease .. PT ~
Rents; ~rate, c1~ and make reparrs or do any o~.~ct·6r IF,lCUl' ~y 9m~r .. f:9st ~~ d~ pro~
to prQtect ~e:: ... Propep:y as fully as Assignor could do "Any ftmds,'Coijected frOiIf the:6pepitioIJ"of the
Prop¢rty may l» applied ill such order as Lender may deem prOpY,r~:incltidmg,.·butnot J$ite,d to, .;!llyment
of \he fo~bwuig: o~g expenses, rnanageinent, brokerage';~':'atto(peyS;', a,nd' acc:dimt.futs'.;lees, the
~ Pebts/and tOward the mamtenance of reserves for repnr or replacement. ~ maY take such
i¢tton ~tho~(regm;d to the adequacy of the secunty, WIth or WIthout arty.acnpn ot~g, through
Jiny ¢SOn Qf ag~t, ~.receive.r to be appointed by a court, am nrespecnve ofi:\SSlgnor's p.:)ssessl0n .
. {': The d>1lec00n ~ ~licatlOn Or. the Rents or the entry upon and takmg JX)SSesSicih ci. ~·Pro~ as set
'Ou,t ill this sectJ,on . .shall pot¢.ure Qr waive any nouce of default under the Secured Debts,:tIns Assignment,
oi:iwallcJau.;/ani act.:-:ims,Uant)o su9l. .. nottce. 'The enforcement of such remedy by Lender, once
exeIci'SOO;"'shall,:'(:on¢,rue ;:for ~ J,ong as"'~ shall elect, notWlthstandmg that such collectton and
applicatIon of~ ~y'J~ve,~ the ongtfu.1 default
H. Waiver. ~ ~ othe#,~. by ~w,::by'.~mg any one or more of these remedles you do
not gIVe up any citb~, ~~ 'XEfu do"IlQF~ ~. default Jf you choose not to use a remedy. By
elecnng not to use anyremooy, yqu do not wawe ~ nghtto later consider the event a default and to
use any remedIes Jf the default',continues..or occUrs atm .. / >:
14. 1ERM. This Assigmnent Will. ~;:~:'fun :.iorce:.'~.,6ffect\~ltJl the Secured Debts are prld or
othe1'W1Se discharged and Lender IS oo'looger 9bbgat¢d tQ,·:~:fulld$.',.utideJ;:any loan or credit agreement
wluch IS a part of the Secured.Debts If ~y ot·.alVpl~ of.the Secil.red. Debts are subsequently
mvalldated, declared void or voidable, or sef·~Kle mxl are ~ lo~;be repiid··~. a trustee, custOOtan,
recewer or any other puty under any bankruptCy .. aci;·or o.tber.,State:'or federal law, then the Secured Debts
will be revived and WIll contmue in full force and effed..:~:lftJris pa~:ha<:riiO~:been.#lade.... .
15. Co.sIGNERS •. If Asstgnor Slgns tlus Assignment ~t ~ ~ Slgrt~:~ rkJ>t(As;gnQl' does so
only to assign Assignor'S mterest m the Property to secure plyment Qf ~:Seq.li'ed .D~bts ~~tt\SS~r goes
not agree to be personally hable on the Secured Debts. If this A$si~ ~U¢S a .~ty .:.beWi~
Lender and Asslgnor, Assignor agrees to waIVe any nghts that may prevent ~ from: .. b~,ging 'lPy:acti~"""""""
"--·.·.f'· r (,' ., .... ,"! "", \ «,f"""·"·"·
Thlmas CFo6Ier W~andRenls W Al4 1409100zy <Ct996 BankeJs5ysteJm. 1m. St. Ooud, ~:,~> .:~t) "./ .{".
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.' .' .' " :.6~ cl~ agamst AsSIgnor or any puty mdebted under the obhgatJ.on These nghts may mclude, but are not
.' :::. .~: lmut¢d ~dmy antt-deficlency or one-acoon laws
.' ;.: /:" 16/q)~uc.nON WAN. TIns AsSlgmnent secures an obhgation mcurred for the construcoon of an .:~. ..::::.-..... ' lijiPn:>vement on ~ Property .
. :~ .. \ .... ,.:. i:·i7~::~CABLi LAW. TIns AsSlgnment 18 governed by the laws of Waslungton, except to the extent
.. ,.. . ....... otli~ n:4wra.1 by,"me"'la~~ of the .JU11SC.hcoon where the Property 18 located, and the Umted States of '., .... .-A1nenea.,i· .. "./ .:: ... , ......... , .. ':, ..
:1~.loJNf ANQ/~U~ .U'A~nll:~~ AND SUCCESSORS. Each AssIgnor's obhgatlons lDlder
thlS-: Assmrun¢llt)U'e ¢de~deot gt the ob\J.gatJ.o,nfotaw other Assignor. Lender may sue eachAsstgnor
mdMdtiaUY,Dr togeth¢r V(1tb a9Y O$er AssWQf Len~¢r ~y release any part of the Property and AssIgnor
W1l1 still 1Xi' obIigatahttlder .. this AssI~~t for ~:;.~ Property The dunes and benefits of tIns
Assignment will bJ,nd and l>¢efit:the ~rs andl~~SI~-9f Lender and Assignor
-
19. AMENDMENr~"JN1EGg;\TION ~ ~Jirry. This Assignment may not be amended or
mochfied by oral agreement. /No ~ oj' niq4rti~on of tIns AssIgrnneij~ 18 effecove unless made m
wntlng and executed by Assi~r . .iimd Ijndet:/~ As,slgm,nenr1S.t,he comple.re··ap.d final expressIon of the
agreement If any pro~ion of tfus &,$igm¢nt .~ un~~9rCeable, then. the ~6rceable proVISIon will be
severed and the remammg proVISIons ~ll su,tI ~·enro~ble , ..... ::. ::. :.' '::./
20. INTERPREI'ATION. Whenev~"'~,Ahe s~~.'lud~.ilie pf~: and the plural mcludes the
smgular The sectIon headmgs are for converu(m.~.i»:J1y an(t~e not to'be:Usedto tqterp~. or define th~ terms
ofthlS AssI~eJ:l~. '." :~: ':..".,,:,"\. .:'.... :.t .. ;:" ..... '::::. .t"··::,:,'
21. NOTI~~:FJN:~9AL REPORTS AND ADDri1QNAL ~>U6i~:Oth~~':';equkoo
by law, any-nooce wtllJ)f given by debvermg it or maiting"it'byJ:x>thJirs~:'diiSS"and,'eIth~ ~ertd or
certIfied :giaII, ~wm receIpt requested, to the appropnate ~'s .a~ ~~. in fu.e QA~' AND
PARTIE$' sect19n, ~ to a.ny other address deslgnated m wnnng. NotICe tP. ~.~ will,'be ,deemed to be
notIce tIj all ~es!! Assignor will mfonn Lender m wntmg of any c~ m Assignor',$' fllU'he, ~ddress or
other ~pphcatlon uiforma~n AssIgnor will proVIde Lender any financIal s~pts oI:)nfoima~tlD Lender
reque,8ts. ~ ~ial.::Sta~ and informatIon AssIgnor gives Lender will '* C9ite¢t ~~ complete
Assmnor $ees .~o SIm;' ~~ItVer,"and. file any addttIonal docmnents or certIficaOons tbatl~:'inay consider
~ 'to.:peifect,/CQ,rlimue, and 'preserve Ass1gnor's obbganons under tIns Assigt11lim.t ~d to confirm
LerideJ's hen status,On.tfuy ~perty. :Tune is of the essence. ':,: .j. :'., ,-.' " SI~~~"""By~i~I~, ;Lsi~f"'a~~":~ the terms and covenants contained m thls Assigmnent
AssIgnor also ackno,,:ledge.s, .. reCei~/of'a COI>Y..pf ~ AssIgnment
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iak EA·~Ti~o·:.~{~;\,~ vk~~ 4,g(tkT··Or·.;THE NORTH 330 iEET OF THE NORTliSAST QUAB..:·:O'F:T~ SqOntyi~T QU,,*T~ OF vta.·:~PU1'HEAST QUARIER OF SECDON 10,
TOWNSlID' 23:.NOAITSe Rpl~ 5 ~~+{W.M..{JN I9NCi;·COUNTY. WASHINGTON;
TOOE'tHEQ. ~,4J)Dfuo~.~~.;·;~ PROPERTY9 WInClf At'l'ACBm nmasro
BY OPEMTION OF tA\V,As ~;ltESu;LT o.t·ti~~ OF COUkT QTJIiTINCi TrILE J]\Il<lNG
C01JN1Y stJPElUOR COtnlT QAUS~/NO •. ~~0-~~'OD~8·9 ~O MAItQl. J', 1m AND THE
COmeNtS OF SAlJ) DEem' AR!:.=l!XPJi'ESSLY INCORPORATED m&efN;.·BY nus ltEFERENCB
TO OBSCRtBE SAID ADDlTIONAJ.,.::P~:: ./ ./' . ':::.{ ./
PARCEl. s: \.",i/::. f/","/ i"' .. '·\·····.} .li·.::;:·..' ......... .
_ A NON-sxc;tU$M EASEMENT FOR. lNoR£ss ANl:tEG~SS Q.V£It!J'lm.'·'SOum,~o PEST OF,:nrE ~ NORm 360 FliEt.OP nIE WEST ~o FEET OF sAm SUBDIVJst(m~/ ::':':,. , ..... ,...\ /" /
-SXCBPT tHE ~T·.30 FEET THEREOF CONVEYED"jO ,KiNo" COWN,pOi JlOAO\':UNQER ./ 6 RECORDlNG .~p. ~O~080. .:",.' .' .:" :"" .... , ..... "'.'/ ./" I"~ ~ P;\J.~ co,.::.:" .. \ :;; (. .::.// t'" <:.'.:.~":~/ ,// ,//:. ,/'
~ LOl2 oi~ico~ SHOllT PI. AT NO. 776004. ACC01UllNG ih'SHO:aT ~;l~~lU>ED = APlUL .ll. 1919 ~~'RECOJUllNG NO. 7904120866. IN' KING COUNTY.W.A$HnrlGTON. : i' iAIIF'il;/i>'" i) ...••... i""
A Noil.uxausm ~i~ ~olfiW~s ANI> EGlUiSS CREATED 'Y JNST.R.UMENT
aECOlU)'EJ> UNPE'R. ~~6aoJN!l NOS. S9g9,!iJ934 AND SDOS653 • IN XING COUNTY, WASBlNGTON.
PARCEl.. E: >." .. "",.",::~'." ... ",."/'/('" //., .... ,\;:;::,,} ./r:····), ". .
LOT 1 OF KING COUNTY Sl'lOIlT\;flJ\T NO. 176094• ACCOR.DTNCi TO SROR.T PLAT UCOBDED
APlUL 12. 1979 UNDEa. J!CO~JN,rNQ.~ ?!iJ.G41~P166 •. :tN lQNQ,.~Oll'NTY.WASl4NGTON.
PAACEt. f: . \' .. ;,:,::,:,,, ... ,,,,,/' :/./ f: :/.:. .::/ ./,/ .:? .. :, ...... ".:.
LOT 3 OF KlNG COUNTY SHo,-r 'PLAT ~9.17·~~. ~t~~JNb'J'O siroit.~AT 1t!;coJ.t)B1)
.APlUL 12.. 191'. lJNOBll :RECORDING 'No. 7904i.Z08~S~ ~ KJNO CQUN'r,(. WASJ,oDNGTmI.
PARCEl. G: ········.i· '(:.,,/i .. J''''-// ... } ,i .•. :,... ...• , ... , ......... .
A NON-exCLlJSiVE CAsEMENT FOR INGRESS AND EcnmS!$i:AS.t)Sw.NE~~ 01f,SijORt p~~
NO. 776004. ACCOB.DING TO SHoaT PLAT lU!CORDED A?lUt····~ 1~19. ~£R ;~(!01lD~C~l"NO~:: ....... .
1904120866, IN KJNG COUNTY. WASHJNGTON. < :.:: .:.: .~:':"' .. ,. ./ .::' .>.. "'::. " . ,,', ,',,',' ".~II.II""'''.~,:·
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DATE ANl).i~AaTmS. Th~ dale of thIS D~~' Of ~~':(S~~~~'ty J~truLeoi{~s QC:~ 23, 2~':'}The ~:;~1~GROUP. mc:\,",,/('/;i,/"e.::') ) !rtf
.,':A C""".· o~t1On :: :: ,'. ,i .':' lo?l''''''' .: ......... . .i 64So"soutlieentei Blvd, #106 ,.,,'. .:" lJ: 17;~~~:, FIRm AMrRICAN1m~~i
.': F'1RsT AMJ)UCAN TITLE INSURANCE COMPANY . '::'. i' \··:\:~{ri~~~~~l~~~e ~ .... , * f< e -(( (d r J j;' 5f/)~ f ~~l!l.·Was~n ~'121 i:,// ... ,\. . 0 T r ;tSIV!(
LENDER: :.::~ ::.,:, ..... /. ../'/,' .""'::" \. ,',' -
WASHlNGTQN FlRs.r'·~A't!oN~::BANK
OrganIZed and'~!Sul!I'inufer the laws OtW/aslimgtOn
9709 thIrd Ave N"'E! ,~: :;: '.~' ,,' /'':.,''::,,:.
Seattle. WashUl8ton 981l~ ''':,''''}:'' / .:~. ,.:.\ / " .:' ::' .?'.:~,
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. ::1. C9NvEYANCE. For good and valuable consideration, the receipt and sufficiency of which 15
.;: acknbwtedged, and to secure the Secured Debts and Grantor's performance under tl118 Security Instrument,
,::: Grantor trrevocably grants, conveys and sells to Trustee, tn trust for the benefit of Lender, With power of : salt. theJollowtng descnbed property
\: ... /,i L~.i~·4 .6'{~G COUNTY SHORT PLAT NO 776004. RECORDED UNDER KING COUNTY
/iffiCORPING NO 7904120866
). .:' .;' 'I~~~, ::
\:.\"" ... /'/ ~e pf~perty ts ~!e<fm'Kll)g County at 516 Hoqwam Ave NE, Renton, Washington 98059
'''.,~ :tog~er :.~Ith:.~~~:,rlghts. e~ements"a~rl~nces, royalties, mtneral ngbts, 011 and gas lights, crops,
/ ttmfier, ~ dtye~~lon ~aym,ent(or .!Wd partyipayments made to crop producers and all exJstlng and future
";'l!IlProveJDents, ~~.::flxt1fresi and rep];i'cements that may now, or at any ttme In the future, be part of tlre reaf'esta.te c.tescniied (all referted to aa Prop¢ir"'l1ns Securny Instrument will remam m effect until the
Securei:i, DQbts .and all ut;derlytng'lIgreeme4'ts)1.;iVe beel!ite~J1;lIIl8ted In wrttmg by Lender
2. SEcURED:'l>Eirs( Th~: S~~lty.~~ent wm(s~'the folloWIng Secured Debts
A. SPeclJ'ic:::pebts. ~~ fQllo~'d4ts and ::itJl e~lllniions, renewals. refmancmgs. modificatIOns and replacements'\~ pr¢lI~tY no¢, No/80751~ .• dated October 23,2003. from Grantor to Lender,
With a loan amoii'trt' of ~62,5ao 00 WIth an .. !iit~esi':rate based on the then current Index value as the
prouussory note prescnb;6sand' ma~g 9B'Wy 1/2005 One or more.of the debts secured by thIS
Secunty Instrument con~ ~jutur~:..IIdva¢e P.ii>V1S!On ........... , .. ,.. }':":::.
B. Sums Advanced. Ali·.fums advanced afid ~ipe~ mcuit~d by Jjnd~ under the terms of tillS
Secunty Instrument :J: ./ :/ /::/ , ..... :.. '::'. .' '::\ ... /:
3. PAYMENTS. Grantor agrees that.:@IL'jJaYl'hent{u9'der tJte S¢cure.d D~bis::~lIl be paid when due and In
accordance WIth the terms of the Securedt>ebiS ano'tInS Seclirlty instriimeiit .i
4. WARRANTY OF TITLE. Grantor w~~ tq~t Giantor IS .~~ Jill '1;i~ lawf\irty·.,se.tzed of th9. estate
conveyed by thl.~ Secuflty Instrument and has the rJgb.t to iiT.eV~bly g'i-ant/col)~ey and ~iI!.1 the Ptgpei'ty to
Trustee. m t~i~'~lth power of sale Grantor also wa,rrants that::theiProperty ·is,:~.um~red, e,iiceI# for
encumbranc.es of reCord .\ .... :,' .,:' "'''' ';, "'. .i ,{
5. PRIO~.:~ECURrri.lNTERESTS. With regard to ~y"8~lie~ mi~gai~, 9~;'~fiiUst: sJntl~~ment
or other lren dol;'t4!lent that created a pllor secunty mterest or encuii;lbraiice (in the. Frapeny ,;Orantor .agrees
A. '1;0' mak~'al{~ym~nts when due and to perform or comply wiili·iu ~ve~ts_.)· ./':/ /:
B. 10 prorbptly ;ilehv~ to Lender any notices that Grantor receives ti:oni.':lhe hb1der i·./ .i:
C/Not t6 alloW any.iinodlt1canon or exteDSlon of. nor to request any rUfurud'fllnc~ utider ,~y note or
agreement sec:iired bY the hen document WIthout Lender's pnor wntten consent.i .;: .,':: '
6. :.t~s ~GA~ .. fi1iIL:.. Grantor wJll pay all taxes, assessments, h;riii( e~~, lease
~ents;:gr.o1ind rept~{ UtJllltes, arid, other charges relalmg to the Property when due ~er may require
Griu!.tor to proVlde.,:to ,:Lend~"\l!>Ple!l~ of all notices that such amounts are due and the reC(;lpts eVldencmg
Grantin:'s payme!ll" Grant9'f Wl.ll defend title to the Property agamst any clauns that w01.lld tmpaJr the hen of
thts SeCUQ~ b.Jstiiunem .(1rantor agree".tO'assmn to Lender. as requested by Lender, any nghts, clauns or
defenses Grantor rniiy ~ve .~galll$t p:&ues wli~ supply labor or materials to mamtaln or Improve the
Property \ .":" .... /. /' ;. . ,""'::" '::" .' .
7. DUE ON SALE.·::. Lender ntily~ at Its op~lon; de¢la~ the entlre balance of the Secured Debts to be
unrnedl8tely due and Plt~~ble ~fon:the ciCauoJi"o(.~or.Pont~ct for the creation of, a transfer or sale of all or
any part of the' PropertY"""1'fus r,lght .Is subJect'b, ~e ~~stn~llI>!IS Imposed by federal law goverrung the
preemptJon of state due-on-sale law;S. 8l(aPW.lcable .:: .,:' ::..\
I.an<Y Dovolopmelll Group. I ..
Wasllm&lOD Deed 01 Trust .
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. .8. ~SFER OF AN INTEREST IN THE GRANTOR. If Grantor IS an entity other than a natural
::: pers9n (such as a corporation or other orgamzatlon), Lender may demand unmedlate payment If
.." A. A beneficial Interest In Grantor IS sold or transferred . /n.h'iteJe IS a change In either the IIlentlty or ntnnber of members of a partnership or smu1ar enllty
,,' /' C": ~¢·~e't8.,~ change 1n ownershIp of more than 2S percent of the votmg stock of a corporation or sunllar .:\, .. ,/ .J ¢nllty"" ....
. ;. ,/Hc;l~~~,J..ende~: may not demand payment In the above SituatiOns If It IS prohibited by law as of the date of
'i... ./ Ibis SeCurIty Instrument. ':,~":, .... <,,.,,/,/ .;. lV,'ARRANT.~,'AND'··lmPRESENJ'A'QONS. Grantor makes to Lender the followmg warranlles and
:'representattoM'~lilch Will cont!Due as lOng aSJhlS Secunty Instrwnent 18 In effect ..{ i. ~~{,(Jrantetis duty o~zed, !ihd validly exlStmg and lD good standmg 10 all ]1l1'lsdtctJons In
: .... ,.,;: which Gramor opera~ Gi'antor has fl\ii"pow~,auf,l authority to enter mto thiS transaction and to carry on
'. arantor'~ bnsmoSs OdCtlvjtyflts It IS rlow be1ilg cori'!iuctedand, as appbcable, IS qualified to do so In each
JuriS41ctlon:in w.luch .. 'brani'or6perates /' .~~~/ I' /':::
B. A~thorln-. ''rh~' ex~tl,*, deu"virj and ~~ of thiS SecUrity Instrument and the obhgatlon
eVidenced by' thIS Sec\H'1ty .Instrl!fuen( are wlll!}Il bt;u#or's powers, have been duly authorized, have
received all ~'gove.~ approval, ;~~':tIP(VlOlate any proVISion of law, or order of court or
governmental agency, and,:wlllllOt vlo!ate aw.}\~em~t to which Grantor IS a party or to Which Grantor
IS or any of Grantor's Pl'QPerty:.1S sub~ect .,"'.. /' ./ .
C, Name and Place of .lISinks. ~therlhan prev!6usly,.dlli:lo,sed In WTltJhiHO Lender, Grantor bas not
changed Grantor's name or·phnclp;H pla~ of.:bUS1l),es~.,wllhm the:l~t 10 yfoarsimd has not used any other
trade or fictitiOUS name Wlthout.:l,e~r's ,Prtor.,wt;ltten consent;·:.Grantot::~ges not and Will not use any
other name and Will preserve Grarl.tor' ~.::e~Ung nlilt\&, tra\fe'iia,me(~ .fn.~clitses
10. PROPERTY CONDITION, ALTtRATIONS.'MID IrisPEtr.p:bN/ lli~irtor Will keep the Property In
good condillon and make all repatrs that atO:teasonablY I!~essary ··'''G~~nto~·'wllI . ..oQt..~omnllt or allow any
waste, unpamnent, or detenoratton of the Propeity ::Gra~tor,.:ovill keep the:,Proptirty freo: .. of nOXloU#:weeds
and grasses "iJrantor agrees that the nature of the oCcup.··a~~ us~ Wlll"notjubstantlallY. change{ Without
Lender's pn~r Wftuen consent Grantor w1I1 not perdt!t any chW~"m a#y ltcen~n'e~tncf,tve c~veJll!;iit or
easement wiihout Uil~er's prior wntten consent Graiito.f,.w~~,'ilo~lfy 4nd~r,ot:,~,!!,~~.!han~s, ~~e¥mgs,
claims, and actions against Grantor, and of any loss or damage to thji ProperlY :: )' .;'
No portlQA of tliO....:\)ro~rty W1I1 be removed, demobshed or materi~ly ~te~ Wlthou':Len<le~'s:.ptlolwntten
consent .,excep~;·tluit Gra~tor has the tight to remove lIems of persMal Pt0pei,ty c9inpn.Slng{a Pi.rt of the
Prope~ that ,1iecoJji.e wOl:'n or obsolete, proVIded that such personal propet\y IS 'replaced ~ltg"Oth~ personal
propertY at .teast ~ual;~ value to the replaced personal property, free~m ~ tl~e ~~ten~ device,
security a~eeme~f or other encumbrance Such replacement of personal prriPerty)vllI.be ~eem!!if subject to
the secuntY' mter~t cre,aled .~,,*18 Secunly Instrwnent Grantor Will not partlt.\on':.!?~ ~~lvld~:'the Property WltliOut Lender'! prtor.:wtltten cOnsent "'.,:: .;: ,: ~er o;:Lent1~r's .~ may, at ~nder's option, enter the Property al any reasonable ~~..ior the purpose
ot'i'n$pecttng the ~~ J:;el!!ler ~1I1 gIve Grantor notice at the tnne of or before an Inspection speclfymg
a reaS~ble pt11'p,OSe for t¥ msPectl9n Any tnspectlon of the Property will be entirely for Lender's benefit
and Gr.ihto/,~ll'ln ~ wao; relJo:,:On ~'i'~CtJon
11, AUTHORITY To P:EtUrORM • .If Grantor 'fiuIs 10 perform any duty or any of the covenants contamed
m thiS Seeunty Inst$nelit,"Lend¢tnay, }\'Itl:!out l,tOllq!l., perform or cause them to be performed, Grantor
apPOIntS Lender as a~ey In f,liCt}to SlgU G~nt~'s ~~ or pay any amount necessary for performance
Lender's nght to perfo~ fo~iGqfutor,;iwlll nOt",~e~te 8~r obbgatJon to perform, and Lender's failure to
perform wtll not precluM'cender ('tom :~xerclSlDgany of ~end~f.l! . ..other rights under the law or thIS Security
Instrument If any construction op the'.prpperty 1S.:dlscOntlnqCd (It: not camed on In a reasonable manner,
I.uIP1 Deve\opaIeIII GlOup, 1= W8lftmalOlJ IIeed or Trwt
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. tend~· may take all steps necessary to protect Lender's security mteres! 10 the Property, mcludmg
:.:·comp!euon of the construction
f 12 •. bEFAULT. Grantor wIll be m default If any of the foUow1Og occur
.,: jA~:PaY.J11ents. Grantor falls to make a payment 10 full when due
!!;. i ~~ ~~l.Y~cy or Bankruptcy. Any legal ennty obllgated on the Secured Debts makes an assignment for
f:. :\:" .. ,i' }' /he beiiefit 6l..credltOl'3 or become InSOlvent, euher because Its liabilities exceed Its assets or 1I18 unable to
:;. ./ ::pay ~~ debts '~s they become due, or It peullom for protectlon under federal, state or local bankruptcy,
\., ./ .::' 1nS9iveQ.cy or :debtor reller laws, or IS the subject of a petllton or action under such laws and falls to have
.\. ,/ .;' the'petItion of ac!jl.ln·~sed wlthm a reasonable perIOd of tune not to exceed 60 days ... "."~ ... ,, .::' q; Bu§i~es{~~nat!ciir~ Grantor·meraes, diSSOlves, rcorgaruzes, ends Its busmess or eXIStence, or a
partnllr or !IllVOrlty o~er dies or !$ declm:ed legally mcompetent
':'. .:0. F~iJuri '~Perf'~~. Gr~&: falls .. .Il perform any condition or to keep any pronuse or covenant of
........ :. Ihls ·SecurltY' Ins~meP:t ':. ' ,(., .' ...... " ...
. E •. 9th!¢~ ~mften~; A .~e~1t occ~ ~r the ~1'l;II~ of any other transactlon document
F. OTh~r A:gr~~~.tts. <jranr6r IS .111.~~~Utt 0I\'1Ii~ ciih~~debt or agreement Grantor has With Lender
G. Mlsrep~entatiOD/ Qianto{"iti!&es any\,yer~ ir Written statement or provtdes any f1Oanc181
mforrnatlon th~t IS ~e, ulacc~ate, o~ co~'s ~~~Ial fact at the ttme It 18 made or provided
B. Judgment. ":~~r f9;iis to .satlsfy.br ap~~ !Ply'J'ildgment BgalDSt Grantor
I. Forfeiture. The Pro¢rty ~. used:k a _~ or.::lor a purpose that th~atens confiscation by a legal
authority ::: .... :. .f ./ ,/ :/ .".:: .,/ ............... ;.. i":":::~
J. Name Change. Grantor' chall$es Gf.mtClf·s lI!I'me"or assum~ an ad~lo~l name WIthout nOlJfy1Og Lender before malang such a change .::' ..... ::..:" .'. .:. '\. )
K. Property Transfer. Grantor :~$iers .iiI of,:k ~bs~~~{Part ~f qfiln~p;'s money or property ThIs
condition of default. as It relates to the tr~sfe~:"of::the P;ioperiY.":~: su~jec\to the restrictions contamed m
·the DUB ON SALE section ':::":",;" .:.: ::;, . i' :" .. /.".,:,.... .'.
L. Pro~Value. The value of the PropertY ded.meS:9I:~. unpa~:ed ././' ":':':::. t::,::;,
M. Materiaf:~,baDge. Without first notlfymg Leik,ler. there"!:, a.,ma~ital cb~p.$e.~ ~tor'sJiusJ#ess,
Jncludmg' owne~,p, management, and financ181 con!4UODS / / .,:'. . ".. \ ',', /;
N. Inse~urity. r.e#ller reasonably beheves that Lend~r:'iS"~cuiC / ./ ...... '''' ... ''".... ? / .i·
. 13. ~D~~:. L~4.er may use any and all remedies Lend(i~;:~ ~.~ fed~r~1 ~~ ~/ 10 any
mstrumllnt evidenCing o~:pertammg to the Secured Debts Any am6Unts «dvalXced,Pll Gt:antQt's \)¢half Will
be ~te!y du~ and !nay be added to the balance OWUIgunder the SeCi)red'Dehts l,ien<Jer ~y make a
clatm.for ani'and ~l ~rance benefits or refunds that may be avallable on ~tor'~ def!iul\:" .:"
SubJett to JlDy right toiture, required lime schedules or any other noIlCe ;.ig'tifii)3ra#ioimayrhave under
fede,i8I a~ stat~'Jaw, .:~er'lIl(lJ make all or any part of the amount owmg bY··:~::·. Qf the Secured
DIlOts nnj)ledll~tely. d,ue .. and foreCi9se thIS Security Instrument m a manner provided by:Jaw upon the o~urrence:"f'li defawt .or anytlme t1l~reafler .: ...... :. ,;"
A1j'~medJes are _t, Cijriiu~tlve:~nd not exclUSive, and the Lender IS entitled to all rem;;dles proVided at
law or:~Ulty, w.~r or,inot .~xptl'ssly ~et.Jorth The acceptance by Lender of any sum In payment or
partJaI. paymAmt" on :the $ecwjd DCbt,s" after"l\le balance IS due or IS accelerated or after foreclosure
proceedmgs are ftled' WlIi~ noti&'ns~l1!t~ a walvei:9f Lender's nght to reqwre full and complete cure of any
CX1Stmg default Bt·not exefClSlng a.DY re!;ll~y, Lender does not waive Lender's rIght to later conslCler the
event a defauh If It cOi!nnues or 1)ap.Pens _i: .:} t····· ...
14. COLLECTION i; ,.. ~.;~\:rro~sl FiEs.:. On or after Default, to the extent permItted
by law, Grantor agrees to all:'ex~es of con~on/enfo/C~ent or protecuon of Lender's nghts and
remed1C8 under thJa Secunty Ins~ent::,,,a~~ a,gree~to P!y ex~~ for Lender to mspect and preserve
the Propeny and for any recordauoq costs ot reIea31D3 tI\e Prliperty frob:1·.~ls Security Instrument Ex s
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:.fucl~~ but are not IUDIted to, attorneys' fees, court costs and other legal expenses These expenses are due
/and payable nnmedlately lfnot paid munedlately, these expenses Will bear mterest from the dale of payment
.:' untd,:' p8ld m full at the btghest Interest rate ID effect as provided for In the terms of the Secured Debts To
.::' the,:'ex~e!lt permitted by the Untted States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys'
. fej's Lend\:r mcurs to collect the Secured Debts as awarded by any court exerclSIllg ,JUr15wctlon under the ;: BQnkfu .' .Code / :: P~. ".:.
" .\, .. ,i' JS~:: ENVlRO~NTAL LAWS AND HAZARDOUS SUBSTANCFS. As used m this sectJon, (1)
:;. }' E~VtrollDlt";ntal LJw means, Wlthout Inmtatton, the Comprehensive Bnvlronmental Response, Compensatlon
". i'" alid LIability A~~ (~~.t,.A),. all other federal, state and local laws, regulatIOns, ordmances, court orders, \.~,.,.,.. . .. / ~tto1'lJey g~neral-:op,mons 'OF:~nterprettve letters concernmg the public health. safety, welfare, envtronmetit or
• ," .... -.:8 haiWdoiis substance, and (~) HazarpoiiS"Substance means any toxIC. radioactive or hazardous matenal,
:." W8$fe, pqIlutlq\t pr cont.an,u_ wh~c4;has ch,pctensttcs which render the substance dangerous or potent18Uy
;'·.:.dlUlgeroJis to:·tI1~ publIC ileaJtI1.i s~etY, w~l.1!ire or environment The term mcludes, WIthout limitation, any
'stlbstanees ~fJ.iied ~. "batardous ,fuatenal'; ···'"toJ(,lc"Sl1bslance,· "hazardous waste," ''hazardous substance,· or
"regwated $u~ian~" under a~y'Envlroninentsttaw /. .•.. . .~ :. ': ~. ;. '.~. .:' .~~ ;': ;: .... ::. Grantor·~~ntsi:.~a.riants;andJgrees tJUI('" , .. ,},{.\
A. Except ~ pr~~i~us1f~dlsciose(k~4.<;~cknow.i~g~ ~Wntmg to Lender, no Hazardous Substance has
been, IS, Or"V(IU be IQCatecl; ~rf~, manu'fa~~ treated, refmed, or handled by any person on,
under or abolihl1.~.P'fopertY, e~Cept u{the <?r~iY"llpurse of busmess and m strict compliance W1Ih all
'appllcable EnvtrOnmental .. Law .i f /"'';''./ ,i
B. Except as prevloUSlY;:'dlsc19~ed a#l ac~ow]Mge~' In ~g to Lender.t9rantor has not and will not
cause, contrtbute to, or per.RlIt the release,bf aay H~ar\ioUs Sub~fance on \he Property
C. Grantor WIll Immediately' notJfl Lender ~l(l) i ~1~se or lhiiiatenedf"le~~e of Hazardous Substance
occurs on, under or about the PrQperty,·; or lfugr~tesibr tJuya~ns Iii. DUgr~te':tlom nearby property, or (2)
there IS a VIolation of any EnvrrO~e.iitsJ ,:t,aw.cotlCern\tig ~ Pr~peI1Y ···tn such an event, Grantor Will
take all necessary remedIal action 10 a~tdancctiwtib BQNtronui~\ill lAw.""
D. Except as preVIOUsly disclosed and acloioWledied I~ wtlung t~ tkndci~ GfBfit(ji"b,!ls no knowl~ge of
or reason .l9,. bebeve there IS any pendmg o{th~tenea,J1tV.~sugall6n, c.liltll1i' or ~ of ~t,.tand
relatmg to' (fJ:~y Hazardous Substance located on, under or"abolit th~:Proiicl1lY, . .Qr (2r!lTlY VIOtat1Qh by
Grantor . .6r any'~t of any EnVIi'onmental Law'Qrantor ytiJI.iimneihately itobtY-;!-en4.er m;~~g as
soon as' Grantor llu. reason to believe there IS any sftcl!."pendmg ot:·thrll'l~l!~d,·m.veStlg~tlon.t cl~m, or
procec:amg )n suell an event, Lender has the right, but not)'he obh~IIOlI, to parl1cljiate}in ~~y such'
proc~dIIlg J!iC:\Udmg'lhe nght to receive COpies of any documeii~.~aung to$UCli'})roce¢utgS .i'
E. ~t.~ ~ti~lY disclosed and acknowledged m wrltmg to"~er, ~apt6l an4; ev.~ky·~ have
~, are;1ind Yi,1I1 ~am m full compbance With any appbcableEnv11'Ot\n,1entiU Law.:' .:" .:" F/Exc~Pt 8S ~revlqilsly disclosed and acknowledged m wntJng to Leiidet: •.. $ere/~I{no ~erground
$lorage:'tsnks,:'prlvate dlJl!l~ or open wells located on or under the Property af.u:\l).'() sjlch t1ink, dump or
;Well wUI be ~dded linleafLelider first consents m WI'Itlll8 ";': .. / :.:' ::'
./G. G~pr"~ln r.i~~ly ms~tthe Property, mOllltor the actlv1t1es and operallons 6n.th~· Property, and
":"\!Onfirm 'that al,I" p,&nm~""~en~s or approvals requtred by any applicable Envmifuflental Law are
obt,amed and cpinIllled )\'ith .:: ::
H. ~\S?~ .. ~ill ~i: or tansi'anr,cenailt,:!O permit, Lender or lender's agent to enter and IOSpect the
Property'and reVIew ail re~rds.at !loy reasonable lime to detemllne (1) the eXIStence, locatton and nature
of any Hazardous Stib~.!l.liice ofi.,'Under .. \?r ab6,ut the Property, (2) the exIStence, location, nature, and
magmtutle of anY:.Hazardous;.~~¢ ~ ~ ~.released on, under or about the Property, or (3)
whether or not Gtii:ntor and !IIiY .tenanf are 111. cQlllpll8n~ With appbcable EnvtrOlllDental Law
I. Upon Lender's ~est"~ ~t az& ume, disntir a~;.'~ Grantor's expense. to engage a qua1tfled
envIronmental engmeer to preP,are;~ ~nVtrO~rauw~'of~e Property and to submit the results of
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·' .", sU¢h aucht to Lender The chOIce of the envIronmental engIneer who wIll perform such audIt IS subject to
Under's approval J'. Lender has the nght, but not the obltganon, to perform any of Grantor's obltgalJons under thIS sectIon
}at Gtantor' s expense
/ I<;~ A3). consequence of any breach of any representatIon, warranty or promIse made m thIS sectIon, (1)
}' Grant6l'··wl1l. mdemnlfy and hold Lender and Lender's successors or ass.IgIlS harmless from and agalDst all '".' /. .l )osseS;' claIIii'~, demands, lIabIlItIes, damages, cleanup, response and remedIalJon costs, pena!lJes and
./ ::·exp.ens\:s, m~Judmg without hmltatton all costs of ImgalJon and attorneys' fees, which Lender and
'\:., ... :,.. ,/ .:: Lender;s su~esso~ .. .9r asSigns may sustalD, and (2) at Lender's dIscrellon, Lender may release thIS
" .,./ ::. S!lCurlty Ins~t aria·.m. return Grantor WIll provIde Lender WIth COllateral of at least equal value to the
• ,.".-.' P.i'ope~y seCured by thIs>Secunty."ItiSt.i'w!lent WIthout prejudIce to any of Lender's fights under this
.Secu(ity IgS~ent .... :. '~'. ..,f :/
':::'" :iL. ~twUh~iandm.i ~ of ihe.:f.ge';.llbnrame~ m thIS SecurIty Instrument to the contrary, the terms of
":;: thI~:' sec~iOIi:' wlI!" survive a,nr" foreclo:S.ure o,·sa:us~tton of thIS Secunty Instrument regardless of any
pa~ag~:·of.:.tltle.::to L~ildet:::oh!ny dlS!$~'IJ~ by l#n~ of any or all of the Property Any claIms and
defens¢s·to,Jhe ~n!1ary ~e h~reby w~ive<t' .... ,J.{."" .' .. :..... ..: .,' :: .. ~; :~ ,'...;:;
16. CONDE~ATION. ,..;thaJi\or ~iif~ve Len~r ~ nonce of aily pendmg or threatened aclton by
prIvate or publfe ... entIllefto p.urch¥e or'~ke any.' Qr:. al1::'of the Property through condemnatJon, enunent
domam, or any oilier,..means :"Granfur autiionz~ .Leiider"to mtervene m Grantor's name m any of the above
descnbed acuons or claws .:" Grl!iitor a$~tgDS.itifU.ndei· the proceeds of any award or claIm for damages
connected Wlth a condellll1\ii1on 9f othe,i taiaftg Of all.6r aDf..P.¥.' of the ~~ Such proceeds wtll be
conSIdered payments and WIll .lie appbed .~ provul!l'd ~"thts S~utlty In$ruiilent ThIs asSIgnment of
proceeds IS subject to the teri'iis of .~y prIor :w.ort~g~'; deed of"tr.ust, ~ur1i-Y agreement or other hen
document :( ./' ./' .::"'/ .,., ..... \ '::' :':', .. \/
17. INSURANCE. Grantor agrees to"~p th'e PrdPetty ~ured':~gatiist the ti}ks reasonably assocIated WIth
the Property Grantor WIll mamt81n this mSl!.i.-anc.~· m.:tlJe \Unotmts' tend~f reqUires ThIS msurance WIll last
untll the Property IS released from tillS Securit)t:~ent: What Lenc;ler ~~lI'pUr8l,l~nt to the JlI)lcedlDg
two sentenc~",~an change dutlng the term ot' the ,.:,sectiiW·:!,)ebts }: Gr~ntor.;."may cJi~.se the ~sur.~e
company, subJeCt:~o Lender's approval, WhICh WIll no(be unreasol)llbly wItJiheld':.". , .... ,.. '~" )'.r
All msuranc~ pol;clt~ and renewals WIll mclude a staiiCSllrd ·m9figa~e c~ause".aci'r.! where ~ppltt1liblei"loss
payee cla~e" If reti'illred by Lender, Grantor agrees to·'lna!nI8Ul~mp.reh~ive"g-eneiaI lti,ibJ1~ ~rance
and rental loss .Qr bus~s lOterruplJOn msurance 10 amounts andAmde,t' pqiicles acceptable;'to ~der The compreh~ve.,;general lIabIlity msurance must name Lender as ·~ .. l!,ildltiOnal,'ttiSii~ .theirc~ loss or busm~j mter,iuptiQ,n ~ must be m an amount equal to at least coY.erago, .. 9f.6ne tea(S de~i semce,
and reqwred.liscroW acc~unt deposIts (If agreed to separately m wntmg) '::. . .:. ::
Gran.tbr wIll' gIveiend~ and the lDSurance company immedIate nOllee of ~.,1os~\' A.d mka~e proceeds
wlll"be applIed tct'restoi~1Jon .Q~ repaIr of the Property or to the Secured Debts, at r;.en~¢r'lf."opIJc.m If Lender
acqUIres !he Pr9Perty.ih ~agoo.:c.ondluon, Grantor's rIghts to any msurance pol)(iies.·:an~"~ Wl!l pass
to:·Lendet.·1O tItC exlejit of tho Securi!d Debts . ;~:. ::. c:i~tor ~(~edI~~iy noulY. Le~er of caneellallOn or termmallon of IIlSllrance If ciilutior fads to keep
tho 'P~perty _di' Len~r fhay .~btam msurance to protect Lender's mlerest m the Property TIus msura~. may )JIii~ coyerag~s nof onptail~,reqllU'ed of Grantor, may be WrJtten by a company other than
one GraiitOrwould ::ch~e, lind may·'be wntren at a hlgber rate than Grantor could obram If Grantor
purchased the 1llSlll'liDce :.:. /' ..... ' .:::
18. ESCROW FOR~Till; ANh::lNSUcE'i ~ WIll not be reqUited to pay to Lender funds for
taxes and IDSurance ui:~~~~".,./ {' :/: '\>../ /': ./ .,.
19. CO-SIGNERS. If Grantor SIgns tblS Secunty Instru.tnent·b1It does not SIgn the Secured Debts, Grantor
does so only to convey Grantor's ~t~ .. 1l1~e ~:"to ~ 'Payment of the Secured Debts and Grantor
does not agree to be personally bable on the:'~ec~ ~ebts .,:' If t11ls S~u.rlty Instrument secures a gu
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betwe~h Lender and Grantor, Grantor agrees to waive any nghlS that may prevent Lender from bnngmg any
:iacllop: or claIm agamst Grantor or any party mdebted under the obl1gatlOn These nghts may Include, but are
:,' not l,i'mlted to, any anu-deflclency or one-actlon laws
20/SYC:~OR TRUSTEE. Lender, at Lender's opllon, may from tune to tune remove Trustee and
/ aP.PoIl'lt a",successor WIthout any other formahty than the designallon In wntmg The successor trustee, !i 'wIthOut c~l1ve)'8!lCe of the Property, WIll succeed to all the title, power and dUties conferred upon Trustee by
" ftll~:,:Security Instn,unent and applIcable law
\~. .,/·2~{ U~E''Q' PRbpER1Y. The real property conveyed by this Secunty Instrument IS not used pnnclpally
':c, ,/ for agticultiiral P.l'u'Pqscs""·., . . , "'. "'., ~.,." ::U. CC:>NsfRu610N U)A~. ThIS $~CUI'lty Instrument secures an oblIgauon IOcurred for the construction
/of lin lDlP.iOv~on ~.,Pro~y., .,/ {
::':13J: AWLICABiE J;'~ W~ nilsS~nty''l~trumIlAt IS governed by the laws of Washmgton, except to the
eiient ~iherWIst reqiitred::by tbe Jaws of ~!l Jllr~s~hctioi'!,. where the Property lS located, and the Umted Slates
of AmC:~lca,:' .:: ':' /' .,: "\, i", /. // f".,
24. JOn.ff ~ Jm~~AL;iIAJiJfi ~':~tC#SSORS. Each Grantor's obbgatJons under this
Seemty Instl"Wi'!ent are ~pe!!cllent of ~ obhgatiQps Of,~W other Grantor Lender may sue each Grantor
mdlvldually or tO$!her ,,,ith W o~ Grjintor ¥en,de.~ifiay release any part of the Property and Grantor
will still be oblJgatOO'ultder t1~is se¢Unty Jnstru~~tJor 't,!le rel1l8lDlDg Property The duttes and benefllS of
thIS Security Instrument will ,fimd ltiid be~fit t¥ su~rs and asSIgns of Lender and Grantor
25. AMENDMENT, ~TIOl1: ~ S~~JLln'i';:. ThIs SJ,;iity Instrument may not be
amended or modified by oral 'agreement ."No .amen,dm.eflt or modifICation/of !1ns Security Instrument IS
effectIve unless made m Wrltmg ~. exe¢ute4"by ,Gm,ntor ~l).~ LeM.er Tb~)Securlty Instrument IS the
complete and final expressIon of the ag~e!iient;:"If ~ t*ovl~!dn ~thl~:SeC,!ltlW tnstrument IS unenforceable,
then the unenforceable provlSlon will be"stiv~ al1\l' tb,¢ re~mmg'prQYIs~ns Will sttll be enforceable
26. INTERPRETATION. Whenever used;.,·.thO""s~almclude;"i~O"PluJl 3\1d"the,.plural mclu4es the
smgular The ,ctlon headmgs are for conveOl~ Onlr, anda,.t~;~t to b,e use~ to,#lterprei·~.defme t¥"tt;pns
of thIS Secuno/ ~.trument '::. "'-:'., ::' .. :' .:\. ,"""" \ )'.;'
27. NOTICB, FIN~CIAL llEPORTS AND ADDritQNAL,,:DOcmm~,JJhIe~~ Oth~rwIJ' reqkred
by law, IIIIi notice wi~ be gIVen by del1Venng II or mallii'tg"it by;"bothifltS,t' clasS'SYtd' elth¢r r~ls~or
certIfied #tatl, p.~tum ~IPt requested, to the appropnate ~'s ,ilddress I~~. m u;.e I;)AT$ AND
PARTIES sectllin;':or to:any other address deSIgnated 10 wntmg NQtlte t6 oO//"PartY wIIlbe tleell)i1d to be
notice tI{ aU }liiitJ~; Grantor will mform Lender m wntmg of any ehante ur:Qr.artior's}naQie, lliidress or
other ~tCat,ion ~orm~hon Grantor WIll proVide Lender any fiuanctal s!iltements Of ;mfapnat,!on Lender
requests AIl fmanctal :statements and information Grantor gIVes Lender '~!...~ co~reql' and': complete
Gflll$r 8p'es to,;81gD, :~el!ver, and file any addItional docwnents or cernficaIlODS.,tbat,LeJ!iler n.fay cOl18lder
neceSsary f,o pef;feet, 9On~rce';"1Il!d preserve Grantor's obllgattons Under thiS s~#y :,Ins~ment and to
cogfmn 4JldeJ:!s hen"stl¢s OD anY'P.roperty Tlmo IS of the essence :i: .",
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SIGNATURES. By slgnmg. Grantor agrees to the terms and covenants contamed m thts Secunty
Ins.tntlJlent Grantor also acknowledges receIpt of a copy of thIS Secunty Instrument
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:,. ; . The un~lgned:ls the holder of the note or notes secured by thIS SecUrity Instrument Satd note or notes.
\. .;/ tcigeih¢r with all:Pther !.~~~:edSecurness secured by thIS sruecc.hunty Instrument. have been patd m full You are
'.~,. ,/ herebYd1l'l:Cted.!o c~l'~ lty Instrument. W IS dehveredhereby. and to reconvey. WithOUt
.. ':>., ...• ~... :Wa~ntyjll tliC ~iate now'li~d by YOV·t1J1t1et.rlus SecurIty Instrument to the persOn or persons legally
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REQUEST FORRECONVEYANCB
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.:~,' .~<~',. jrec.'~r" F"'-( 0'0$ A. ~I~~l C1S KIna County State of /.'1 (1'lrtc) ri ~"p·'~-"'';..;:··~q (, le\. ~' .. '31 or Doc ds and otner
,~: I' ,.trlm' ~j." .(f-;" r .. " ~b\;··c.Jr' \ t,,,, ("d,;'),na COPy has been :~" q.~r'flI1 ,/ r Ii" ~'1r1~,nii. I .... .c:; I l..rr"cnt .::1\ lhe Clamp appearb
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B/An Debts. All present and future debts from ASSIgnor to Lender. even If thIS AsslgnIllent IS not
s~clflcalty referenced. or If the future debt IS unrelated to or of a dIfferent type than thIS debt If more
/han one person SignS thIS ASSignment. each agrees that II wtll secure debts Incurred either mdlVldually or ,;Wttj;l others who may not SIgn tlus AssIgnment Nothmg m thiS ASSignment constitutes a commItment to
/' ma!&.I!.dchuonal or future loans or advances Any sucb COmmitment must be m wnung In the event that
,:' L~de;i .falls to prOVIde any required noUce of the nght of resCISSion. Lender waives any subsequent
./ .$ecutitY· mterest m the Assignor's pnnclpal dwellmg that IS created by tlus AsSIgnment TIus ASSIgnment
.;. /' ::'wJ!l not Secule any debt for winch a non-possessory. non-purchase money secunty mtereSl IS created m
'i. ./. .::' "hgUseh,old &lJods" m connecuon With a "consumer loan.· as those terms are defined by federal law
\.\" ....• , .......... ,./. ; gQ.Vet1U'ilg u.¢'alr)lnd. ~cepl1ve Credit pracnces ThtLenS ASSIgnment WIll not secure any debt for which a "" secun~ mt~i'e§t· IS create~ m nmar~JD..~.~ock· and der does not obtam a "statement of purpose." as
defw4 and ~ulred by federallaW"govel'i)mg secunues
';'. ,'C. ~~:;A.Civan.¢d?: Ali: s~:"adva~d and expenses tncurred by Lender under the terms of tlus
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2. ASSIGNMENl' OF:/L~SE$ ANI(R,E!'(fS. I\'br;:sood and vilIuable conslderalJon. the receIpt and
sufflclenci o(wln~b ~:';acknowledged. aM~"fo secur.cr.ithe S~ured Debts and Asslgnor's performance under
thiS Asslgnmeii~. A~ignor ~slg~. bafgaipS. gran~ an~i~onieys to Lender as addll10nal securtty all the fight.
title and tnteres~.m the follOWing (aU :referred to as P,roperty)
A. BXlSttng ~~':fl.ItlJrc(leasi~. s~bleas~;; hce~kigiltl~nues and any other written or verbal agreements
for the use and occupllncy of the ,Pro~ •. "mchidmg any extensions. renewals. modJtical1ons or
replacements (all referre~ to as' Leas~) ;:" :." ./ ;:'.
B. Rents. ISSUeS and pf\)(lts:"(all re'ferred to..:~ R.~t~)(U;cfudl,ng but n9H~lted to secunty depoSits.
mWlffiDnl rent, percentage hint. addll1o¥l r~~t, ~6n area matntenanap ch,iirges. parking charges. real
estate taxes. other apphcable ~es •. !tISUtlillce.:pr¢mlum .. '(:9IJlrt\rutlons. ':bquldated damages followmg
default. cancellation premiums, "loss .of r~ts" .in~nce~ gUest tecetpt$·,.revenues. royallJes. proceeds.
bonuses. accounts. contract nghts.···g~nerM tn!angibles/and·:all. ~ght$ a~ clrums which ASSignor may
have regardmg the Property :::'" .' :. :::' ";'i'}, .i· , ... , ....
C. The teqn Property as used m thiS AsslgDin~nt s.~all i~cll1~e the fO,iiowliig ,!:~cnbe(t~ propert.y.·.::.
LOT 4::b::'~lNG COUNTY SHORT PLAT ~&.'~~;>~~OkE;\:ffi~aR '~NGioiITY
RECO}tDING NO:::. 7904120866 "':",,,,,/' /. ;. ;.' ........ ' .. , ....... "". }/. .i'
The.;~per£c;~loca~ m King County at 516 HoquJ8Jll Ave ~~;,~tt1{·w:~~~~~ton loi .'
In the .. event ~y Itjm h~ed as Leases or Rents 18 determmed to be persori,al prope~IY. ~IS ASsIPnent WIU
also ~ regaf(!ed ~ a s~unty agreement '\'" .... :::.i' :"
3 • .fA YMiNrs): Assi'nor agrees that all plIyments under the Secured Deb~\;;if be.~i wheh due and tn acciirdan~ Wltb:ihe teima.ofih~·~ecured Debts and thIS ASSIgnment ··'c': .. )...:' i 4/:COL~EcrIONP~:ImNTS. As,slgnor may collect. receIve. ellJoy and use the Rentl&9. !4~ as ASSignor
IS 1101 In default ~smnor )yIU,.not collect m advance any Rents due m future lease penodsi:unless ASSignor
flrst'6b/8IDS Len<!er' &,'wCl~n cQ.iJSen~
Upon de-fauU. .. &~~r ~il re¢e,ve;'imy,.KeiiiS··in. trust for Lender and ASSIgnor wJ!l not conunmgle the Rents
WIth any other f\m~':' :':' ./ .~~. /' "';. .
ASSignor agrees that;.thlS··~~~: 1$ .C!,~Jate1y ef'~l1ve between AsSignor and Lender and effecuve as
to thu'd parties on thc},ecordmg.1if ~IS A,!S1gI$enr .:" ., .... :.
ThIS AsSignment wtll··i'em.811J..~ffe~l1ve)lurlllg:iiai s~tut<#Y ~emplJon penod until the Secured Debts are satlSfled .... ,..:::: .:... ;.:. "':,. :,\ ... ,\-::.," \ .
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:When;:'the Property IS not farm land or the homestead of AssIgnor or AsslgJIOr's successor m mterest,
./AsSlsDor agrees that Lender IS entltled to noufy ASSignor or Assignor's tenants to make payments of Rents
Y due/Of to become due dIrectly to Lender after such recordmg, however Lender agrees not to notify
As~or's tenants until ASSignor defaults and Lender nollfles ASSignor of the default and demands that A~SIg.ii6r.~ ASSignor's tenants pay all Rents due or to become due directly to Lender ASSIgnor consents to
'; .,' A'ssIWlor'.S .~nts paymg al\ Rents due or to become due directly to Lender after Lender makes tlus ;':. ":., .. ,/ /ti;~:;?:· =~~:an~ ~t~:~:nf~nd:h:yth:o~:;:~elSth~:~~:;:nt th:/=~~ea~~:~~~r ~~
:. /. PrOpertY"'for the::purpose of collectmg Rents, but Lender may seek the appomtment of a receiver to take
\.~., .. ,." .. " .. ,.,.",'/ .:ts~~~~l)ret~~y.,~?~~t the :~~,:,,:or non-homestead Property, and apply the Rents under tins
,:' 5. COLUEC'fION EXP,ENSES ANn ATrORNEYS' FEES. On or after Default, to tbe extent permttted
:::. bY,;'iaw,:~ ag~p6'iP pay a~;'eiq,ens~iof collectIon, enforcement or protectton of Lender's rights and
"'m,nedl!lS ~er thts/Ass$Un~t/· AssI~i'" agt;es'1o::pay expenses for Lender to mspect and preserve the
Prop* and fOr a~y re90rda!10I) costs of,';fel~mg tb,¢ P,roperty from tlus AsstgllIllent Expenses mclude,
but ate·.l1o.i lllillted~ to, :lIttonjeys'i'fees, cPl!i't,:costs a~a ,9th~J' legal expenses These expenses are due and
payable unmedultelS<""·"~f not' pald1l1l1lledl,a'tely, ~ e~pen8es Will bear mlerest from the date of payment
untJI paid m ftii~ at the lu#est :ilite~iill~ m ef(~ as·'=w.o,jlded for m the terms of the Secured Debts To
the extent permitt~ by tjlil united &tiltes ~}t ,Cqd~i ASSignor agrees to pay the reasonable attorneys'
fees Lender mcurS:'lo,<iollectiihe ~ure~,,:Deb':?,.is~wii~ed by any court exerclsmg JU11sdictlon lIDder the
Bankruptcy Code. :.:" .:' i" :,' ;.'
6. ENVIRONMENTAL i~wi ANri:' H~A~P~ $VBST¢\NCES. }:A$:,USed In thiS section, (1)
Environmental Law means. Witfiout ll!illtatlpn, tile C?inprebenslve' 'E~vlr~ent~l Response, Compensatlon
and L18blhty Act (CERCLA), all ot~er fe<j'eral{state a!ld local.,1aws;: regulatlQi).S, ordmances, court orders,
attorney general OpinIOns or Interpreti~e letters:tonctmiDg th¢'pubhc !ieaJ~;',~atety, welfare, enVlTonment or
a hazardous substance, and (2) Hazardo:ris S!ibstance::'means anY: .. toXic, radi:6aCtlVe or hazardous material,
waste, pollutant or contamInant whIch has ch~~acttfhst.iCs w!Uch reOdei' tl).e su~tance"dangerous or potenttalJy
dangerous to the public health. safety, welfate:,gf enYtroriment The !elm n'iclu\lcs. \Vlt!lout Innttatl~n, any
substances defuled as "hazardous material." "toxle suijstanCe".~'!~hazaf(ltfus wast~" "hazardbJls subs~ce;:.." or
"reanlated substau,. .. -under any EnVIronmental Law~" ":":'" .. ::. ",::' '\ \" .,;" :.i l;)'" "'fV ': ••• 1\1:;. '
ASSignor rep~n;~~'~arrants and agrees that::\. ,"/ :,. :c' .""":.'~. :,: ;; /' /
A. ExQ.~pt as prevl6~y disclosed and acknowledged ;:;l'wi;tmt"to U;~t, no"Ha~rdo\)~ Stlbsta!ce has
been,)s, or.,WJ..ll be'located, transported. manufactured, treat~ .. r~~, o~,1Iand.led bY any per'son on,
under or abOur':!he P~perty. except In the ordinary course of bu~ and·:m sttict cOmpliance' With all
app!,ieable .EnvI~nm~tal Law " ":'"",/' .i'.i' ./
B • .;i3xcep{as ~VIOIl~y disclosed and acknowledged m Wrltmg to Lenci~~" AssIBnor.:iia~;:hot ithdwJ!J not
caUse, cOntflbute to •. ·.6r permIt the release of any Hazardous Substance on llic'Pfopel1Y :" .:" ¢~ Assignor ~llllmke4urtelY:l;lOtlfy Lender If (I) a release or threatened relll8S'e:qiHbrd~its Substance
;.bccur(on, )Jhder 9t 1\tIOut the'pc,operty or Illlgrates or threatens to Illlgrate from lieaiby ptoperty, or (2)
/.there IS··:a.·YlolanQil :6f any EnvrrG.nmentaJ Laweoncernmg the Property In such an ev~~ Asstgnor WIll . ta!re all necessa~y ~ilmedll1r~tlon')n accordance With EnVironmental Law ,:.
D>~xcept as .pre~ousli dlSqlosed. and ~~owledged In wl'lltng to Lender, ASSignor has no knowledge of
or r~sen..to·bebeve there JS ani ~lDg ·Or ... threatened mvestlgatton, claw, or proceedmg of any kmd
relattng to (1) anY Hai,ard~'us ~ce locat~ on, under or about the Property, or (2) any VIolatIOn by
AsstgJIor or any tenanfQf.'lmy ~iro~ental Law .(\sslgnor.wJll unmed18tely notify Lender 10 wrltmg as
soon as AsSignor ':!)as reason .,to :1iehey,e th~,re Ii an1"~h pendmg or threatened lDVeStlgatlon, claim, or
proceedmg In BIitll an ev,eot,:'Len4tr has:$¢ ngbt. but not the obbgatlon, to parttclpate m any such
proceeding mCludmg'dw,I@lt to rec~lVe cOpre$"of,~y d~nts relatmg to such proceedmgs
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l.aD&ley Development GlOUp, IDe Walbm&ton AssI8JtmenI cI Leale. 8IId lteuII WN4XXXXXSLL0a704400004160016102203Y
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" lYi' Except as previously dIsclosed and acknowledged m wntmg to Lender~ Assignor and every tenant
:have been, are and wtIl remam In full comphance with any applicable Environmental Law
:;l'..;c:J;!xcept as previously disclosed and acknowledged 10 wntmg to Lender, there are no underground
/" s~g~ tanks, pnvate dumps or open wells located on or under the Property and no such tank, dump or
/ ~11 ~~U·be.added unless Lender first consents m writing
/" .:.G. A~slgnor:.\V111 regularly mspect the Property, morutor the actIVIties and operations on the Property, aitd
,/ ::' cOl!il£l!) tha(an permits, licenses or approvals reqwred by any applicable Environmental Law are
'\:,....... ./ .:: obtamed and,comp!!~~ With . .... ../' .::' H; AssignO!1·:WIIl·pennit; ... or cause any' tenant to pemnt, Lender or Lender's agent to enter and tnspect the ~""V· .' P.iopeiiy ~ ~vlew all re\Xlrds atanY"r~sonable tlme to determine (1) the eXIStence, location and nature ,of ~ H~us .~tam:e o:!!.>iimder 9~ about the Property, (2) the eXIstence, location, nature, and
':': : magliltud~ of anl"Ba~rdO!Js Substan~,:that has been released on, under or aboul the Property, or (3)
"',;' wheiher .. Or .not ~'sslgtiOr agd any tena~t are ll1'cOmp!lance With applicable EnVironmental Law
I. :V,PQJi U~d~;;s rc:qUest.~~Ii~~ilt any 9n!~ ... ,Asslgn9f ~~es, at AssIgnor's expense, to engage a qualified enV1toDm~1 .eer ~ p~epare. a# .,nvlr0ll¥l~ta.r aU~lt of the Property and to submtt the results of
such audit t.l? Lender 1;Ii.e cJ\olce .. Ili':'tl,te envtT()~1 wmeer who WJll perform such audIt IS subject to
Lender's approval ./ ::. ;'" '\" ,if . '.,:./ .
J. Lender ha~':ihe,ngfu, b~ not.~e ob\jkauo)l,.i~.~Q~ any of ASSIgnor's obligations under thts section
at ASSIgnor's expense ./ ;::: :" .f··'}::i ./
K. As a consequence of;:~y ~reach.:~f ani repteseniatlOJl,warranty or ~~ made In tins sectIOn, (1)
ASSignor will indemnify 'im4/hold tender' aJl(fLen~er'.sisucce~rs or aS~Bnsiharmless from and agamst
all losses, claUlls, demands;"habillhes, d~~, .tl~p. response andt~~atloD costs, penalties and
expenses, mcludmg WIthout l~tlol};' all.:'~osts:· 0; htlglltlQ.!1 alii! aU9pie)i' fees, whlch Lender and
Lender's successors or assigns may .sustaiil, and .xl) a~" Leijder'$ dtSCietJon. Lender may release thiS
AsSIgnment and m return Asslgnor·'\Vdl.iprov~(!e :'Len#r wltii:~lla~ral /)f at least equal value to the
Property secured by thts AsslgrunentwlthOtl~. W'CJU.iltce !O any of L'en4er's :t1ghf:$.·under thiS AssI8DWent
L. NOIW1~tandmg any of the language coriiluned, m ih~:~~sslg~nt !&' th\:(corurat1i}he tern~f(jf,th1S
section w.Jlr~lve any foreclosure or satlsfactJon!>f thts AsSl~nt r~gardle,ss pf,JUly Wssage "Of title to
Lender 9i" an> .... :tI!~posltJon by Lender of any or all..,of the .pro~rty.:" Any Clttlms\!Ind \aefeJ)8es .tb the contrary' are heretiy:. waived .\.", ... ,...../ .' i'" •. ,,, .. , ... ,,,.,,,,.,., } ./ •..•
7. CONDiMN:A.PON;.: ASSignor will gtve Lender prompt notl~~ Of,;:iintiPen~g·o.r ~~ ~i;lon by
prIvate or pub.lic '~,ntJues to purchase or take any or all of the PrQ.pertt thrQugh .,Cond~tJoni emment
domam/ or any oilier ni~ns AsSignor authonzes Lender to mtervene ii1 ASsignOr'S naml;: 10 any of the
above . ..aescn~ a~ons::or clatmS ASSignor assIgns to Lender the proc~eds of any .~wafd ol clatm for
damages coJiitecte4 wI!li.:a condemnation or other laking of all or any part of...r.bo··,ProperlJl:'· SuCh proceeds
will .be cOJlsldel'l:'d payments and wllI be appbed as prOVIded m thiS ASSlgnm~nt ::. ThIS a$stgIlJIlent of
proo.eoos$ sUbfoet tQ:'·th~.·terDis·.:pf any pnor mortgage, deed of trust, securlty":agi-eement:or other lien
dO¢ilmenf. :,' ./"/ ...... < .," 8.\~PPO~~ ~F A."RJ!;CEkR. On or after an ASSlgnor's default, Asslgno~"Ii~ to Lender
maklii8 . an applt~ho~ to ~e C,Ourt Jor an appomtment of a receIver for the benefit of Lender to take
possessiblH)f tb&"'ProPertYiand the 4ases.{\vith.lIie power to receIve. collect and apply the Rents Any Rents
collected wllf'be applIed ~s t¥. co1!h .~tllhonzes:·to pay taxes, to prOVIde IJlSIII1l1ICil, to make repairs and to
pay costs or any oth~ exp~~s relaMg to the ProPerty, the Leases and Rents, and any remauung sums shall
be applied to the Sec\J.red bebts ;:A:mgn9ta~ ~t.ih!.s appointment of a receiver may be Without gtvmg
bond, without referen~ to the PletrexlSnng va!.):IC:.~f!he Property, and WIthout regard to the tnsolvency of
any person liable for anY'Qt~e'Se<:ured:bebts .\;! .:' ,,:' ;;:"
9. DVE ON SALE. Lender maY, at\.I~<OPUon, .J. th~ ~tJre balance of the Secured Debts to be
IInmedlate]y due and payable upon·.\he creaiiOa:.of,.or C4?,i1tracffor die ~r\llltlon of, a transfer or sale of au or
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WarlunglOll AaJsmnenI of Leases and Rents WA/olXXXXXSIJ..OO'104ol()(I60016102203Y o~4,,;4luc::~;··CIo:~;:M.: .. : .. ~.~
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/'any ~rt of the Property This right IS subject to the restnctlons Imposed by federal law goverrung the
,;: pre~ptton of state due·on-saJe laws. as appltcable
.:' 10!, m,NSFER OF AN INTEREST IN THE ASSIGNOR. If AsSignor IS an enllty other than a natural person <~t1ch as a corporatton or other orgamzatton). Lender may demand nnmedlate payment If :: /' i.. A:~,c]al mterest m Asslgnor IS sold or transferred .\, .. /. ,/ .is. Tii~re IS i:.change m either the ldenuty or number of members of a partnership or slllU1ar enttty
~/ .::' C. :1'Jiate IS a~change m ownership of more than 2S percent of the votmg slock of a corporation or stmllar
\\, ,./' .:::' ~ty;: /. ." .... " .... , .. ,:.
"""'''''''/ .:However.::Lend'er .Iriay not de.mand paY.Jllcnq.n the above SItuatIOns If It IS prohibited by law as of the date of
;: thls,:'Asslgluneiit /' '::./;i
\ ... ll/W ~~ms::~ R~ON~:. ,ASSignor makes to Lender the followmg warranties and rep~nta~:whl~ WI» con~ll1!ie as 10Ji,g as tIpS'ASStpent IS m effect
A/fower.:: As$lgnot IS 4ul§>l>rganlZ~"',a,M valt4!y .~tmg and m good standmg In aU JUrisdictIOns m whtcb·Assi8nor·:~~tes/ A~igno~ ~s.~1Jie po]¥6t'a~ ai,ithorlty to enter mto thiS transaction and to carry
on AsSlgno'f;~ s busmess 9r al<bvltr.,as~irlS now ''b,emg;~ucted and. as appltcable, IS qualified to do so m
each JurtsdlC\lon m wJpbh '-\Sslgnpr opel';1tes :F... ":: ... /
B. Authority>:!fh80~~ecuion. ~hveri' and .Pir~ of thJs Assignment and the obltgauon mdenced
by thiS ASSignment are Wllhm ASSIgnor's pp~r~~ haYe been duly authortzed, have received all necessary
governmental approval. :Mll ~t vlo~te a~ pr.~vlSl~ of !~w.~?f order of ~~ or governmental agency,
and will not VIolate an:y:.·~llteement to )Vhlcb' As~rgtlQl" IS a' PlIfty or tq:' w~h ASSignor IS or any of
AsSignor's property IS subject .. :" ,.:' ,." ::. :.r "':'. i.~·
C. Name and Place of Buslness ... / Oth~ th~ pr~~IY 4lse!~;.m W,tl.iiiiito Lender, ASSIgnor has not
changed ASSIgnor's name or prnic~' plaCe of:'~tnesf"wltlilD the la'st'lO years and has not used any
other trade or fictluous Dame WlthO~t Lqiider~.ii poor wiJlten '~entf A~gnor does not and will not use
any other name and will preserve ASSlgncif.~ .. ~iUstthg n~ine, trade na¢es afid f~anc~s ..
D. Title •. Asslgnor has good title to the Lea~~, R~nts ~I),d:~pertyiaoo~e ~~t to a~sign. bargafti;':&rant
and convll)' to·tender as additional securIty the Leases and Rimts, ~'nd l!-O otliet.~I'6Q1l ~. any Iliht lit the Leasesa.rid ReiiiS:. .:". l .c· .:' "".~' ":, :: . .:: ,{
E. Re~~rdation. '\~sSlgnor has recorded the Leases"':Il:s're<j~;rel by :l~w.,6r'as···Othd~ls~:;prud~nt .i~r the
type ~d use.,9f the ~perty /' /':r ". __ .'. ::',/,.::-'
F. !>¢fault/' No default eXists under the Leases, and the partJ~:$ilbJe~t to:.tii~ I1as~::have nolvlolated any.~pplt~ble ~w oq leases, licenses and landlords and tenants ·Ass$tor;:·.at.·itS sol~'~t ~·expense.
w~r keep{obse~e and perform, and requll'e all other parties to the ~ to comply::wtth the.,t.eases and· a~y appl,!Cable :Iaw # ASSignor or any party to the Lease defaults or fatJs·.to..ol;Serv:e aqy apPlicable law,
I\Sslgnqr wlllpromp'iJ.y notify Lender .':. ;,..:" .:
,G. ~e M6dificatton(Assi~or has not sublet, modified. extended. cancelcx(:of otherwi~e altered the .iLeasekf1~,aCcept#l :tIie surrendet:.of the Property covered by the Leases (unless the L~~esiso require)
···'fl. EneumbranC!~ •. i AsslgnO; has"not aSSigned, compromised, subordmated or encumbe~a the Leases and R6n.~. ./}.Y ./" ,( .! " ... ", ....
12. COVENANTS. j\ss$tOlllg~ tQ,the folfOwmg covenants
A. Rent Abatement ~c1..,fn~Ii~. When iipy Lease proVides for an abatement of Rents due to tire.
flood or other caSi:taIty ;:'Ass1g1!i)t/wllI !JISu~.e aga,lns~:t1.l1S nsk of loss Wlth a pobey satISfactory to Lender
ASStgllOf may cltQ,ose the .,~ co~~ •. :subJ~t to Lender's approval, which Will not be
unreasonably W1thheld".. . •. /. .::,;.' ..... :,,,f .::. .:: .:.
B. Copies of Leases. 'Asslgnor W1~ promptly Pfi)vld.~·l.en!3·ef.:~lth copies of the Leases and will certtfy
these Leases are true and correct~. Th~ eX!$tmg :.Leas~ ~II be proVided on execution of the .~\.. "')-/:( .:' ./ .::.. •.. :.
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.' g~ Business Termination. AssIgnor merges, dIssolves, reorganIzes. ends Jts busmess or eXistence, or a
:~artner or maJonty owner dies or IS declared legally mcompetent
{Dj'.·faUure to Perform. Assignor faJls to perform any condllion or to keep any pronuse or covenant of
i' this '!ssSlgnment ,,' /' i. othet-·'l~ocuments. A default occurs under the terms of any other transaction document .\,.,./. .J /F. Other A~ements. ASSlgnor IS m default on any other debt or agreement ASSignor has WIth Lender
;.,f :'" G:::~repr~enlat1on. Asstgnor makes any verbal or wntten statement or proVIdes any finanCial
'\",,:,.. ./ .:: mformatlon that III,untnJe, 1Oaccurate, or conceals a matmal fact at the time It IS made or proVided
> ,. ,~.,.". .::' 1I. Ju~gro~t./Asslgn~~·faJls to saf,Jsfy'<lJ: appeal any Judgment agamst ASSJgnOr
. :L Fo.freItJr.: ~ .. ?ropti.ty I~ ~~d 10 ~'manner or for a purpose that threatens confIscation by a legal
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":':: J •. ~am~ qhan~. A.sSlgU0f;change(Assl~or'8"~ame or assumes an addiuonal name WithOut nOUfy1Og
Lender,:before makJ~ such a'·.change .<i.. .i' '/' ;::. . i'~pe~ ~fer./As~;gno~:.~#(e'rs a,lHjf ~;'~ri~tlal part of AssJg1lor's money or property
ThIs condillon of defa!i1t. as rtffiiltes to the, tr$.fef of the Property, IS subject to the restnctJons
contamed 11i::~e DUE,;ON ~~~SectJ~ I:::, ":::/
L. Property ValWiI""·The ,:value.Of the fropet,ty';d~lmc:s or 1$ Impalred
M. Material Change. Wltho~i flrst:~otJ1'yl~i ~d~, there!S a matetlal ghange 10 Assignor's busmess,
mcludmg ownerslup, ~~age¢ent, ~d f~~l ~tJo,!1S"""""'" /\:"
N. Insecurity. Lender reasohably.lieheWs tI1At LeJider'is IDS~ )' /
14. REMEDIES, After Asslgno/' defa~lts,/and./~~~r ~r ~ives ~y:.,j;gaI1Y reqillred nolIce and
opportumty to cure the default, Lend~i'.~Yat . .Len4~r·~· opu¢i, dq:.any:Pne:~r··~ore of the fonowlDg
A. Acceleration. Lender may mak~: all,;:br a~y part OJ the ~'iilQiint:.6wlIl'g by the tenns of the Secured
Debts Immediately due .::: .... :." .:. .~: '.;.'," ,/"' ....... ,. ".
B. Additl9~ Security. Lender may dem~& adiJltlOriat,.lty p~ ad.ll~lI~1 partI~::~o be Ob~i~t;d to
pay the S¢C~ Debts .::. ".::,,.:.:" "\'" ,."'.". \, t,;'
c. SouJes. ~er may use any and all remedies ~r ~i'utiijer WaSh,m&~ or}ede$lla~ or·fu any
1OStrIli'Qent eVidencing or perta10mg to the Secured Debt'S''':··,'' .:': .,'. ,to "" .... ",' :':' :{ ./
D. InsbranQl)len~i;ts. Lender may make a clann for any and;:~ll riku~ce):iene,tits or.:~cyhds ~t may
be aviiilabltiori:AsSlgilor's default . ·,:;.f ~i .,' .,: :" .'.:' .·i·
E, p~yme~ts Made On Assignor's Behalf. Amounts advanced ~ Assignoi~'8·bdmlf~.be _dUlteIy
dui and nlay bee' added to the Secured Debts ":" ::.' .'." .:"
FIRen.,g: Leider n;~y term mate AssJg1lor's nght to collect Rents and dl~;;CtrY'i~ll~ Jd refum Rents 10
J;:ende;!s name Wlthout ,takmg .. possesSlon of the Property and to demand, collecti:;'tcelve, arid sue for the
J~ents/ glvI!li projie~"recelptS·a.nd releases In addition. after deducting all ~~nab1e expenses of
:,'. collecUoo,from l¢y.::collected an~ retamed Rents,Lender may apply the balance as (irQ'{ided for by the . ':Secured Debts .:':: ...... :. . .:.
d;':$.ntry. ~~~~. mal~ee~ thdiappol!ll.m.ent of a reCeIver to exercISe the follow1Og powers and duties
to enter-,,,take posSeSSlon, n}ilnage ag(roperii~ all or any part of the Property, make. mOdify, enforce or
cancel or accept Ihe s1lrren'iler 0( I\riy Leases, 'obtam or evict any tenants or hcensees, IDcrease or reduce
Rents, decorate, iilean::'and' mat¢ t~pa~.,Of do any other aCl or mcur any other cost Lender deems proper
to protect the Property as fu,.pY}is ~~r c~djdo .... Any f\mda collected from the operation of the
Property may be ajip'.I~d 10 ~iic~~ordef as Un~ ~y ~ proper, mcludJng. but not !umted to, payment
of the follOWIng. operaMg ~s, management, .bro~e, attorneys' and accountants' fees, the
Secured Debts, and toward the jnauit~ .. e of re~erv~ for:~~~ or replacement Lender may take such
actJon WIthout regard to the ad~uacY'~'f'~ secIJntY; Wlt\J· or W'l~~ any actJon or proceedmg, through
any person or agent, or recelver~ be a~mte~:by ~.~ ~'l~~lVe of Asslgnor's possession
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.f ric collection and applicallon of the Rents or the entry upon and talong possessIOn of the Property as set ~t In tlus sectIon shall not cure or waIve any notIce of default under the Secured Debts, thIS Asslgl1Xl1ent,
:,:or )p.vahdate any act pursuant to such nOlIce The enforcement of such remedy by Lender, once
/' exer~ed, shan conllnue for so long as Lender shall elect, notwlthstandmg that such collecllon and
..... ./ appJu;at~on.~f Rents may have cured the ongtnal default
':".' /" ,/:a Waiver ;"::Except as otherwISe reqwred by law. by chooslOg anyone or more of these remedies you do
.:. / .:':not ,8I.~e up tiny other remedy You do not WBlve a default If you choose not to use a remedy. By
.. \, ;./ ::. e1oo.tln·g, not t.9 use any remedy, you do not waive your fight to later consider the event a default and 10
'.~:.~,:".> ,." ,.,/ .:; ~ an~:rem~~,trlhe·4~fau1t continues or occurs again
~. .:is.TEUi. :Thi~ ASSlgnnl6Pt Will .remauJ':·.1n full force and effect unitt the Secured Debts are paid or
/' otll~i-wJs~' dls9iu#ged ~;.Lend!:r I~.,~ longer obligated to advance funds under any loan or credit agreement
\)vIJlch 1$ a pact, of .Il'te. $ecur(ld .'Debts .,.,J! any or all payments of the Secured Debts are subsequently ~Id.dted,.::'d~la~ vOlii o(vQldable. br'set .;rSlde"~ are reqwred to be repaid to a trustee, custodian,
recelve.~ otany oth,er ~i1y ~d~:any ~picy act/or;'Qlher Slate or federal law, then the Secured Debts.
will be rc."lved: and:~~:con~!hue:m ful! ~~:r~ lind ~ff¢t .~·s l~~;thIS payment bad not been made
16. CO.,sIG~~. 'If As~~i' sl~;i~;{AssI~t ~~ ~ not Sign the Secured Debts. ASSIgnor does so
only 10 aSSign ~Ignor'~itntetest In.;lhe Pr:llperty ~ s.~· payment of the Secured Debts and ASSIgnor does
not agree to be ptrsoniilly l\iible cili the .:Secur¢.i Petit$,-If thIS ASSignment secures a guaranty between
Lender and AsslgDOr, Assl~r agrees to:'\valv~"~n)':ng!1f8 that may prevent Lender from bringing any action
or claim agamst AsSignor ot anyj>arty ¢debt¢d ul}der ¢e ob~ll.on These ~j~ts may Include, but are not
Iimtted 10, any antt-deflcleney.·.q(one-a9lton laws .( :'" ./' ... ;..... )'}
17. CONSTRUCTION LOAN: ThiASSi~~t s~ui~s an obh~~on Inckreii for the construction of an
Improvement on the Property :;: ,:' :':' .: /' ,,', ..... :::.. :: ,..:': ..... :"
18. APPLICABLE LAW. TIns As~~~ent:1S g6vefoed .. 6r th~::IaJs of W_ton, except to the extent
otheCW1Se reqUIred by the laws of the jUflSdictlori where .::Ihe Propetty .1s l0¢3ted,Atnd the Untted States of
Amenca .::':.. .::..,~ :.:. \., '/:;'. . .;i':: . .,;:i ""::":::.:. /\:""
19. JOINT AND. .. 1NDIVIDUAL LIABILITY AND·;SUCCESSORS. Each A~~'s 6bhgatl~hs liDder
thIS AssIgn¢ent ~:JP.dependent of the obllgaltons o(~~ othefAS§lgnoi ~er ma~ su~ eacp: As#ignor
mdlVldually or togethe'~. With any other ASSIgnor Lender'may'tel~~e a~ ~ ol'tlie'Propetty a#d M.sIgnor
will StIli ~ obl"gated Under tlus ASSignment for the remaining ¥topertY ,,"The ~~es and,' b~efitfof thIS
AssIgnm/int WIll' bmd and benefit the successors and assigns of Lender and AsslS!l6i' ':: .:" i :,'
20. ~_, ~EGRATION AND BEVERABILlTY. ~';~ A~SI~ent"~y.~otJ~~ aJended or
modified by Oral a~nt No amendment or modlticatlon of t1us Assl~ent 18 effe¢hve' unleSs made 10
wrtlllli and.~xecuted b}(ASSlgnor and Lender This AsSignment IS the compler.,·ajid fqial.~xpresslon of the agr~inent fIr ani pro'Y;islon..lltthls AsstgIlIllent IS unenforceable. then the unenf<it.ce~bll:.::pro\,'islon WIll be
severed a¢ the .temanfina,provISloI}s Will sUIl be enforceable "'.;: .i: /
2t::: ~An()N. Wbe~er used, the slOgular Includes the plural and the:'plll~1 Includes the
suigular The sectJQtl ¥adIOSS"li~ fot; converuence only and are not to be used to Interpret oi:deflJle the terms
of thJij'~sslgnmeJ!,r'} ,{ ~';: .
22. NOrtc» .. 'FIN~NC~L a.£PQ~'J;8"AMhu.>DmONAL DOCUMENTS. Unless otherwISe required
by law, any notice Will ~ I!.lven liY.:debvermg It::or matlmg It by both fm class and either regIstered or
certified . mall, retw'il re~qit r~ted, .,t(j:::.the ·'Ilppr.oprtate party's address lISted m the DATE AND
PARTIES section, oi:J.O any otl\llf lWre~ deS),gna.~d .iilvmttng Notice 10 one party will be deemed to be
notice to all parttes A.a!8Dor.,wtlf mfQiin Leri&:r,' In.:wnt.tiig of any change In Asstgnor's O801e, address or
other applicallon tnfonnatlbl( AsSignor wtIl providt'i:J.,e~er any··.fmancIBI statements .or mfonnatJon Lender
requests All flll8nClal statemen~:. and':l,!lf.o~aItOJfAs~~rj,v~~ Lender will be correct and complete
Asstgnor agrees to SJgn, deliver, arid, me any'lI~dltwnallloCU01'CntS :or ~,ftcatJons that Lender may consider
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" ./'necd~ary to perfect, contmue, and preserve AssIgnor's obbgatlons under thts AssIgnment and to confirm
,: Lenlier's ben status on any Property TIme IS of the essence
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" S:jGNA~URES. By slgnmg, ASSIgnor agrees to the terms and covenants contamed m Ihls Asstglllllent
" ,~' ~ss~or)dl9, acknowledges receIpt of a copy of thIS AssIgrunent
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WashulllU>D A1s18IImQ/ of Leases and ReI!II WAUXXxXXsLL0070+1000041600161022OlY
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'!be under.ls1ied ower ot tbe .tl·ip ot land ber.in.tter
d •• crib.d b.reb7 d.dlc.t •• an •••••• nt ov.r, tbrougb, under and
acro •••• 1d .trlp ,.Dt -land tor ro.dway ~d utili t,. purpo.e.
togetb.r with tb. rigbt to go upon s.id premises tor tbe purpose
of in.tal11ng, ma1nt.ining, repairing or replacing said roadway
or utility lin •••
Th. l.g.l d •• cription ot t.b. .trip .0 dedicated i. as
follo".:
. The soutb 30 f •• t ot the north 360 feet of tb. w.st
330 te.t ot tbe nortb.ast quarter ot the southwest
quart.r ot soutb •• st quart. l' of section 10, township 23 north, rang. 5 east~ W.M., in King County,
Wasbington, RXCEPT tbe west 30 teet thereot, de.ded tc
King County tor road by deed recorded under auditor's
file No. 3042080
said easement to be perpetual and to be appurtenant to the lands
adjoining said strip owned by the undersigned or any portion or
portions thereof heretotore conveyed or which may hereaft~~ be-
conveyed by the undersigned, and said easement shall run with
the title to laid lands.
DATED this 7th day ot March, 1959.
STA'l'E OF WASHn:GTON)
)SS
COUNTY OF KING )
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On this day p~rsonally appeared before me Mathias c. Piele,
to me known to be the individual desct"ibed 1n and wh~ "xec'ltp.O
the within and tors going instrUMent, and acknowledgod-that he
signed the same as his free and voluntary act and deed, for the
uses and purposes therein mentioned.
GIVEN under my band and offlcial seal this 7th day of
Marcb, 1959.
n an or the State
residing at Re~t.on
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t&0MID A. PU1.& ad caca.U K. PBt&, OVDer. of tbe
etrip of lad beniutt.r daacribecl. ben~ dedicate ...
...... t o..r, tbnaala. UDIIar ... aero •••• 14 .trip of land
for roadway .nel utilit, pvpo ... , t •• tber with tIM ript to
go upon aaiel pnat... for tba parpo •• , of inatellinc, uiftt.inina,
repairing or nplacina .aiel road •• , or utilit, lina ••
The 1.,.1 d •• criptioa-ot tbe .trip .0 d.dicated i.
a. follow ••
The aouth 30 t •• t of t ... north 360 f.et ot the
e •• t 150 f.et of tba ... t 480 t •• t ot the
nort ..... t quarter of t ... aout ..... t quart.r of
.out ..... t quarter of Sectio. 10, Town.bip 2) North,
...... , B.W.N., in kiaJ Count" W •• bin&ton,
.aid ...... nt to be perpetu.l ad to b •• ppurtenat to the land.
adjointn, •• id .trip owned by the und.r.laned or .ny portion or
portion. thereof heretofore conY.,ecl or which uy hereafter be
conv.,.d by the under.ilft.d, and •• id ...... nt .hall run vith
the title to •• id land ••
26th d.y of Jau.r,. 1961.
)
) SS
OOfJMTY UP KING )
-, /
ht <', •• , t "" to
C. " "
I
. ., d '\. .. «
. , ,
On thi. day per.on.lly appe.r.d before ae Leonard A.
Pi.l. and Cecelta E. Piel •• to .. known to be the individual. d •• cribed 1n and who .x.cut.d the witbin .nd foreloin, inetruaent
and acknovl.d.ed that tlley d,n.d the ... a. th.ir free and volunt.ry act and d •• d. for the u ••• and purpo ••• ther.1n
.. entioned.
GIVEN under .y band and official •• al thi. 26t.h day
of January, 1961.
.•.... ., ~ ...
·/i.t 4751 t1488
.~.
DFDICATION OF t:ASEMENT
LEON/.RD ;... PIELE and CECfLU, E. PIELE, owners 0 f th('
strip oi land h('rei!!after described, hp.reby dedicate an eascrtll'nt
OVt.'T. throll':h, under and across sa id strip o( land lor roacwny
~nd utility purposes, together with the riRht to ~o lIpon shid
premises for the purpose of installing, maintgining, rcpairin~
or replacln~ said roadway or utility lines.
tol10ws:
The legal description of the strfp so dedjc~le~ j~ dS
The south 30 feet of the north 360 feet of
the northeast quarter of the southwest
quarter of the southeast quarter of Section
10 Township 23 North Range 5 E.W.M. , in
King County, Washington,
said easement to be perpetual and to be appurtenant to the lands
acljoining said strip owned by the undersigned or <Iny portion or
port ions thereof heretofore conveyed or which may herea fto' b('
conveyed by the undersig.ned, and sa1.d easeMent sh .. ll rUIl \.;ith tht'
title to said lands.
DATED this J I ~ day of January, 1966 •
. > 7:. -I: {j I~ ~:,tj, ti", g;,<l'rf Q« .~ '1 . ..' I p,
, I ( "f (,., . .". l.. _ • /
STATE or WASHINGTON ~
COUNTY or KING ) ss
On this day personally appeared before me Leonard i.
Piele and Cecelia E. Piele, to me known to be the individu~1s
described in and who executed the within and foregoing instrument,
and acknowledged that they signed the same as their free and
voluntary act and deed, for the uses and purposes therein mention-
ed. . ~ GIVEN under my hand and official seal t~is ~d8y of
.January, " tI ,\ .. .. ' ... -.. ' ,.. -
1966. .'
Meadows of Panther Lake g~/oy",
Agreement alP04*' , 10791 "
REeD F 4.00 '
SECOND AMENDM!Br TO AG~ CASHZ' ..
. For and in coneic18~at10D of, the IllUtu&~ benefits and, c:oyenant •.
;'.: ::":'. :~~i1h.db.rein.:th~, P~1.' .. hereto. ~ hereby amend ~lt~t8D·~&l .. IP' ~.~.l~T~ .,., ........ <:~:f:.~: .. \: ..... ~:;;';;·: .... ":"-........... :, .. ":' ',: :':, .. :;.::: .... ~.-... ; ..... : .. ~~ ..... -.... : .. .'-:':. ' .. :~,:::~,' 1. • ;. • • • .,' .~
·/<~:~~~:~~"cI:~' ',.acJer tiD. County "aeclor4se~ '<f~~?'\~·.·~~:\:' '; '1:·~~;:,v.~:'~/,,::
, ..... -f' ;,~.:.! ,:.J . . . .; ".'
"~LIi~t '·'A~~~;tl~',tflif't·;;>'iflff~'b •• ublti~t"d, 'iia':;'j.liij.~
II. ',-.
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1f,J~1:\',~.,.:r •. ~; .. f~·~:·~~/D'::; ., ..
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EXHIBITI","
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11032 93/06/14
ReeD F
KING COUNTY !-1ATER I'ISTRICT NO. 90CRSHSL
6.00
"'~~OO~, 22 .
'J ' tft I " ... MeI
.-.. ......
KING COUNTY, WASHI"GTON
AGREEMENT FOR TEMPORARY WATER SERVICE
TIiE UNDERSIGNED .. «.()'SETl-T M f fZ 1/ nI ,?It:-U:
(husband and wife), owne~s of the following descrlbea~eal prQperty in King County, Washington, to-wit: (i~sert legalde.,;cription)
, .
.'~ .. ~
." ," ...• A7TA"J/ .. J 0: . ~' • .. , . ,'."
For and in consideration of King County Water District No. 90, King', III .. '
County, Washingten, hire1naiter called District,grantiDI permissl~ .'
to connect a private temporary water l1ne to saiJ property, doe. bereby
alree as follows; "
1. USIS, Water Service shall be for one single family homa~ '.
2. EASEMENTS: The Owner shall ,obtain from others at. bis sol. .
cost. all easements which may be necessary for the 1nstallation of the .
tamporary service line; and 1f,required by the District as part of the
consideration for said permission, the undersigned shall Irant and CODV.,
to the District easements over, through. under and acroes the above described property for water mains and appurtenances for the.implementati_
of the comprehensive plan or for the improvement of the water supply' of . the syst_ of the Distri:ct. ' l ~. , .
3. COSTS: The undersigned agree to pay the fo110wing costs:
i
a) meter and service install&tion charge
b) general facility charge .. . c) special t~porary service charge l~~~~~
Thes. cha~ges must be paid prior to the District providing any s_rvice.
\1nsta~latlon of Uleter, et cetera). . .' '.
4. TERM -LEt;GTH -OF AGREmm'iT: Ti-is temp.orary servi~e ~gre~~' '.
and the temt'orary service provided hereb;>", shall terminate at b~ch time::--..
as.the District. bas permanent water ~ain servi~e available for the proper, .
here in questioni PRtlVIDED. tha': the undersignp.d shall be entltledto " .
thirty (~o) 4ay. notice of the termination of said, agreem.n~t;
-R~Nl ic1: Harpold -' Am
~ .....
J2IIM AaIIara W., NonIl &"""-w_ ....... __
'': .
~, , 5. PERMANENT WATER MAIN: At .~ph lirne as the District has
available to the undersigned'. pro~rty, water service from a
pe~ent main, the undersigned ,hall connect to said main: and
at auch time, pay to the Distriot t~e prorata cost of said main
~cb ia properly allocated to ~1. property and shall further
pay ~ coat of moving the meter trom its original location to
connect to the new w~ter main, together with the cost of connec-
tion. It .iaagreedanct underataodttlat the coat of auchfuturi
.un·Shall includ. the inatallaticm and.conatruction;expenae of
.. id_in, the Diatrict's adlainiatrative nverhead charge' of :Zo S
the *Dgineering and legal expen... attributed to such main con-
atruction: purauant to Resolution No. 262, Resolution No. 352
and Reaolution No. 357.
6. ACKNOWLBDOBMBNT OF Fill ~TECTION ~ROVISIONS: That attached hereto Is an ackriOw ~g~t by the owner--applicant
that the temporary water service may not be consistent with
the Kinu County Fire Code Ordinances in providing adequate water
ftow for fire protection.
7. TERMINATION: If this agr •• ment is not fulfilled by the
undersigned within ninety (90) daYS from the date of its exe-
cution, then the Agreement shall become null and void and the
application fee, to be distinguiahed from the costs provided
for in paragraph 3 above, shall become the property of the District and all ~ights of the owner and/or undersigned shall
be terminated.
8. TITL£ -PARTIES BOUND BY THIS AGREEMENT: This agreement
shall be a covenant running witt. the land and shall .beb1nding
upon the undersigned, any and all successors in interest ! .•.• heirs,
personal representatives, assigns, rentors, and lessor .. ~·' ~ _, '1:1 . ., 1\\\ -'II , \J' .' ." .
x the UIJlW~:E~~ m:OXhe parti~\~:i1~xeeuted T:;~tr~}:~:'
. -N' ".' "e~~) .... ;,;' ;'" t .... ... =,=,~ .. , ,', .... :~-.~:,~:~ ..... , ........ :,. :'.>,' . "
n f:", ,\ , ... " ... .. I., •• , ......... ,,'
OWNER
KING COUNTY WATER DISTRICT NO.90
.# •.• By
DISTRICT
. ! ... " .... ' . ~~ : .'
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'!;'.~ ••
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STATE OF WASHIN~TON)
COUJ1ty . of King
ss
~)
..
befOre~ . • to m~otmCFe·e
, a a . eacribe in. W 0 ~xecuted the fOr'e1~~
. ~natrume. nt caneS .ckn~wledged th.~. signed samea. 'free • .eM voJ.un~ry act and deed, tor the, s andpul'J)Ose" ." erein'
,~t~oned. ' . '
i1~,Ql~ under my han~ and official seal
_l..}(tA!& '. 198~. . .
STATE 0' WASHINGTON)
, ss
County of King '. )
. on .,18 ,ypersonally a.,pe~red before me f?cu&. ~;'<, .
,v.., ' , to me kriotfn to be tM" ,
Pre. ,ent an 8Cretary respe<: YO yoKING COUN1"(·WATER ~lS~;:,::;:
TRICT 90, and acknowledged that they were authorized to execute',~
the wi thin instrument on the District' s behalf, that they , ' .. ,
execute same as their free and voluntary act and deed for the" ,: '.
uses and purposes therein mentioned. :
GIVJRunder my hand and official seal this
M I!~y . _, 198~.
. ... ., ",;
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" ....... .
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k -'I--:~/ 5,0 91 ~. • ....
,-,-,----------...:-,:--~
N Me., on Fllr In v.,-" . 't .... •
. ~
ROAD MA ~NANCB AGRBP.MBN'r
'l'h1o agreenent ia to dofino UIO lICCC$S rOiMI inprovorent and mlntcnance
respa1SibUiUca of properly owners being served by S.E. 125th Stre~t
':"':'I~_~~ _______ ,0 priV4Ito 4ICCe::Js rOiXl "'I.ich COIVlCCts
wlth __ )~4~2Dnd~A~v-~n~',~e~s~,&~' _______ _
'1118 undersigJlcd owners, on behalf of lhCl'nGolvC8, lhe!r hairs llI1d 4ISs!gJls
agree UWlt they will participato equally with eCICII othor (or minlcna/lC1!
oonce.rning Ue &aid rood.
'II. undersigned owners Dgre<! that they will maintain &ald cood in 0
.re.1SOIlilbly good cud p.l/ilioblo condition at 011 tines. NOllo of tho under-
::JigncxJ "ill cowt tho rest of lIun ur lhe lords described to DIIY
olJl1g.:1UolI or expenditure culCCminy IitlitJ rood wiUllJUl the Ullo1I,iI,lCIU$
C:Ollllcnt of a.ll tho undcrsigllcd. given in writing, prior to incurring
cbligatJ.on. .
111is IJgrcamnt si'Clll be binding upon tlae Ulldorsigncd and their succcs50i
oWflers of the 001010( cJcsctibed properties Old lito riyht5 ond oblig.llluns
hcrein shall run with sald .l4nd UI,Ul UIO rruinlerlilllco oC i .. id rlXkl is
IIQsullCIl by any public o~IICy, at vhich tilla.! lhis c1yrCOlI!lIt shall ilulO-
,""tically tcmnirlD·.I!. "10 right:l Dlld clut.h:s hercin :;ho111 billl) these
pr.trccls oC lmd "hid, ore t1cscrilxld below be:;lllc lhe sigtlo1lurCG u( c:tlCI,
of Ute w1dor&iYlloo. LI!9CII Descriptions of all propertiea involved ill att.lch.#d
heretoand incorporated herein by thia reference thereto.
biated Ulia 18th doyof JUNE .1988 •
Sigr~ by Ute property owners using oboIIo &aid rOllch
__ ~~~~ ___________ ,R~U~1~H~F~I~P~E~R ______________ __ CUrrent Prcpctty Odler PARCEl. "A":
~~~~~ ____________ ,RICHARD & SHIRLEY BRAY Qarxent Proputy 0I0ner PARea "B":
.-.;~~;;....;...;;... ____ ,LESTER & BRENDA PIELE Q.\n'ent Ptopex~y OIoner PARCEL "C":
PARCEL "D": BEVERLEE HOYE BACKER CUcrcnt Property CMler -------------------------. -------------------Q.\n'ent Property OWner PARCEL • E" : BLAINE & JOAN MATKIN
, --------------------
C\.IrrorI t PropcJ:ty Owne&' PARCEL ·r": ROBERT t •• PIELE
Current PlCpCL'ty l\oner PARC£L "G":
'-------------, --------------_____________ • HENRY ~~{>}1rt~)fE~~:tI':~-, ijO~{ 8
"·r.!<:'ic:r ". , .., .. · .. , .. ·6:tn'J ~ -~ :. .... ::::-! 1 :to
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.... ~~.
A. D. 19..ti:!. beror .. me, lite undl!~,ned, a NolA"
wtTN£SS my hand lind olliciaJ .eal hereto aflilecllhe day and y
(A .... o .. I ..... ,,,, ..,. ' .. iYlcl,,"t ploc •• r KAt ..... ftl Tille Insarance COIIIP""!
Page 1 of 2
LEGEND.
• FOUND CONCRETE t.IOHUMENT
~ MONUMENT IN CASE
@ FOUND HUB IN CASE o FOUND BRASS PLuG + FOUND P".NAI.
• FOUND HARD NAil
;.: FOUND TACK IN lEAD
D FOUND WOOD STAKE
o FOUND IRON PIPE
• SET CAPPED IRON PIN
;.: SET TACK IN lEAD
• SET 2'x4'WOOO STAKE
• SE T 2'x 2'wooD HUB
DESCRIPTION:
'"A' roa'.ON OF, , ... [.;'SOU'''''.'' Q", ... lIt'[ii OF THE'NOatHwEIf Q ..... "1111 OF 'H' touTHC.U:Q .... ,U, .. OIT SECTION ,!;J~S"I" U NO':{Ho,":",,,:.,!t}:!':
t.. TIHG SOUTH,ltL.Y;,:o., .. "'H' .UHH'NG ~:~ ... : .~;H ~O~7;~ :~:;. :::: "5::D~:1 ~IOH-
'XC,"" '1H' &0"," .')00 'lET 0#. 'HI WIlT ,.0 nIT ~T"I.'101'; .frlO lac,,,,, , .. , "EST 10 'IrT , .. ,a,o, CO"VIyrD
TO IUMG COJHTY ",oa llllGAO ~1t"'OSIS aT
DIED iIIECQlIDlD UHDlit AUDITa", 'IL.l
HO l07.7.,
luane1 TO: .
E "'''UUH' 'ItO.VISION' DeSCLGS'D ay Ifill 51 IIItu MEH T.· .
~"ftO'l IL.O","S,CUU a. 'ILLS
.','CTI 'OIlll'ION M , ... , ".'''''1'& AO .. O'H,H Go 'H' STIt.e:rT O. aoAO l1li, COIIOIHe NO. 107.7.,.
.",.s-
TOT"L '.IIICIL l '.'.410 SQ." . •. 1. Aell"
~.:: ~l."r.t,~ 17Ie •• SO'I
BEARI NGS: •. c ......
.... '[0 0 .. TN[ IOUTN LIN' 0' TN[ II U. 0' '[C. 10. T 21 ..... ,. __ ..... .I. .... ING ..... 20·!t~·w.
AUDITOR ORRICOIIDEII'. CERTi',CATE
-~
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-... __ .. _ . ..., .. __ .. IL-"_. __ .. .. -.. -..... ~ .. ---.... -.. -.-_.--. ..
COUNfY AUOI1'OII 0. DlvtatOlil 01" A'Co._. ILICTfO ...
eO,,"1 A",o...,.. eN .. -
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S E V4 of SEC. 10 TWP.23 N.,RG. 5 E.,W.M.
KING COUNTY. WASHINGTON
'A" MIN'
,".'0 __ _ ..
-"I'AIL·INOT 10 SCALI I
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aUSH, ROED .. HITCHINGS, INC.
'CI\;ILEHGINEfRS' LAND SURVEYORS .w.lloW'I" SEATTLE, _INOTON 3»-4144
-., a-., NM.
5.A.H.
SE 1/4 SEC. 10
...... ·4J·c~~ OM.&_
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01'" IN PATe N.
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~aCt,,:, s:r.~ :Crier : .. :" C::::'to-=r·
C'QutIh' fait ROllO ~s I' IUD _CICIIDCO ..... M01~'S ru NO. 3O,.m
~~~,==.~,=.=~~\ == til Cll:1C'hI(O AS ,~
CCMlrfilOJlfC .t ftC .,MAS' CCIIICtt til lAG ... ~ M..a MOIl'" It"201.-.rSt ...... tnt "'010 M tc:I.Int .'" ,,,,.or '0 K SOJtMtASt COlIC" tI 1IC C" '.00 nn
" SAID SOu'"'''S1 CIUAIItP til '"' ~1MCS1 CUMlU til ftC SOI.Ibt("Sl CNAlrtlt; .
ftC..cl SClUfM It"IT2I-lAS' ._01 ntt ALaIIQ .. 1K CONICC1JtrtC "oUT SIoIO~b<AS'~. MID"" _MASt C~. 01 '"' SQ.Iftt'a.oo '"' fJI SAID SCIU'bC'aJ1 0JMt1t1 C1I M W)IIt'IMICSt Q.lAattit tI1~ ... 'IOU" AS' QuMttlit. AS Mf."~D AlC»lC btl'lAst ,-,,«,MtIt(Of, to M "'N-"" ,.~ChCA'OI 01 H (ASt LIC 'CIF 1tC ." .tIO.oo nu til M .. CJIl'1",,," O.I .... tt. fII nc ICIUtMCSI 0UMn:1t " UG 5Ot.>t..r."'SI QUdttlt fJI KC10t '0 Md) ftC 1'RUI' "., t:I .~. WMCl SOJ'IM .,''1!t·Cst •.• nu 1rl0lG ~ 1I'IItOt,.000000toi 10 ....., IOu'" l.iJC fill " IOU"AS' OJ.utlU 01 be MDlttMCSf o.u.aTU,li til N tauMAlt QuM1IJt • 5&.(10. to:; '. TtCIItCt fIeOIIfIoI 1iI'7O'1" .,t 'so.M'fttf .CIIIO lAO tcIU1'H ....
10 t..c frIOIIIloCASl CQItiIlIt t:I ,.. ." J.1Q.DO rut fI tAD MClt1M-['S1 awu,u tI bC IOU1MCSt auMl1U til .. tGlKut ."._ tr. CI "Cl.c»UO; 1Ml..a. .,.,'" ocn,".-lAst .... "" M.OC M ~, flltQ.OIC.a.'hCIM CI N tASt l.IC til LASt SAG ....... to • PONt ..ot .AM .-1M ..,,.,.. ••• ' f'WOII 1MI: -..: fII'CIINf
01 .~ lMl..a: sau .. "'TJI-ldt tlO.01 IU1 10 tIC 1JtU(,.t.Cf'.~
!If GaIMIW&;,,~~ c:.=~=.:.".:=g AS'CI..L.OW$; •
FiI" few record '~lI __ , of "~_Ol_:.. __ ". if!! ~_~ ~:~.:~ ot the ' ...... t or
COUNtY AUDlTCIi 011 01_ 0' II£COROS • ELtCTIONS
~~.. c&JNlY AlJDlTOR OR SUPT.-OF RECOI\DS
N.W. 1/4. S.E. 1/4 OF SEC. 10. TWP. 23 N •• 5 E., W.M.
. KING. COUNTY, WASHINGTON
fOO'~ __________________________ ~~6~16~4~'~ __________________________ -,
T c S 89'04'08" W
w vi
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... . on
in ri'~g~--r-------------__ ~ z
73.ll·
150.05'
N 88"20'19" W
r---r-----l~·------+_~ ...
.. ~ ....-uur ci r ~8
EIOSt. Rt&AR • CAP PElI· PII10R _'<lEy -(nP1
NOTE
z
BEARINGS
K.C. .... 5. BASEtI ON tHE SOUtH LINE or tH£ 5.£. 1/4 or SEC. '0. T. 2l N., R • !> Eoo W.M. BEARINC N 88'20·!>!)"W.
-----------
$.[. COIl.. "80'. s.£. '/4 ~.w. 1/4. S.E. 1/4
. • on 0>-.~ Nr· 8
en
AREA
IIOUNOAR' CCNlItOl P£RrORloOU IY a.R.H. II 'lea. AS _ ON SUR'<IEY RtCCilll)[D IH 1I0OI' 60 0' SUR'II:YS AT PAC( ~ RtCORDS 0' KIHC COUNlY. WA5HlHC1ON: 1HIS ~Y RUU:C1S SUBSEQUENT OIIiN£JISHlP CHAH«s.
TOTAL PAIICD. _112 so. "., 4.1' ACRtS • 5.£. COR. S.E. 1/4
N.W. 1/4, S.E. 1/4
..., ..... '/1. u. I/ •• ----~
IAS1' uc .. .-t. II.l. " .. So" tit. LL 1/4
SUR\'EYClR"S CER1lF1CA 1E
tftlt. map correeu, ,."Hlftll 0 WIYft'1 "'oM Dt 1M
Off una. "''/'direction In con'artftOftc. •• ilf'l the 'e-
q..tirefMftl.· 0' th. Sww'/ Record,", Act ot U •• r.-
..... of WOftl. Wool. In MOta. of 1112.
·1JJiJJW. a. 4U. 604=11
WlWAIoI A. ItQlOX CotUtlcot. No. 2.737 001.
.. ~
fI __
aUSH. Item at HlTOtINGS, INC. CML EHCINUl!S at LAND SUR'<IEYCRS ~T1\..L WASHtNGTCIN <2061 323 4,44
II£CCRD 0' SUR'<IEY rOIl:
MONTE MOORE
DRA..,.. BY a.c DA 1E MAllO< '192 JOe eaoo'.O'
CHECKED By ..... SHEET • 0' •
, --,
~.
Filed for Record at
the request of
KING COUNTY WATER DISTRICT NO. 90
15606 S.E. 128TH STREET
RENTON, WASHINGTON 98055
EXCISE TAX NOT REQUIRED
IOIIg co. R-.Ia DIvIsIon
~:.-----.~
o
Easement No.: 10-23-5-12
Project: SE 125TH EXTENSION
RUTH l. FIFER
14325 SE 125th Street
Renton, WA 98059 ; .. ~~-~ ",: ".
AGREEMENT FOR EASEMENT APR 2 0 1995
I(IM; •. ~_ .... ,."
f1FCr.·;,: ~;,
THIS INDENTURE, made this ~ day of April , 19~, by and betw·-een--K .... I..;.NCf ---
COUNTY WATER DISTRICT NO. 90, a municipal corporation of King County, Washington,
hereinafter termed the -Grantee-, and RUTH l. FIFER '1!nd-_________ _
____ .' hereinafter termed the -Grantors·;
WITNESSETH
That the said Grantors for ONE DOLLAR ($1.00) and other valuable consideration, the receipt
of which is hereby acknowledged bV the Grantees, does bV these presents convey, grant and
warrant unto the Grantee a perpetual easement for water mains and appurtenances under,
through, above, and across the following described property situated in King County, Wash-
ington, together with all after acquired title of the Grantors therein, and more particularlv
described ac; follows:
The North 10 feet of the East 180 feet of the South half of the Northeast
quarter of the Southwest quarter of the Southeast quarter of Section 10,
Township 23 North, Range 5 East, W.M., in King County, Washington;
ALSO KNOWN AS Lot 3, King County Short Plat No. 776004 Revised, recorded under
Recording No. 7904120866, records of King County, Washington; •
TOGETHER WITH any interest in the North 10 feet of the South 30 feet of the North
360 feet of the West 160 feet of the Northeast quarter of the Southwest quarter of
the the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M.,
in King County, Washington;
LESS County Road.
The Grantor warrants that their title is free and clear of all encumbrances except:
XXXXXXXXX)(.XXXXXXXllUXXXXXXXXXXXXXXXXXXXXXXXXXlOt.XXXXXXXXXXXXXXXXXXXXXXXXXXXll.xXX
XXXXXXXllXXXKX.XXXXxxxxxxxxxxxxx,'OCXXXXXXXXXXXXXXXXXXXXXXXll.xXXXXXXXXXXXXllUXXXXXXX
I The Sit blanks should eithor b9 filled in and inltlalod by the Grantor or X'd out c:oRlplololy.1
F;121100l\OOCSV'FER.TEP 3·27·'5 PAGE 1 OF. .
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Easement No.: 10-23-5-12
If the property of the Grantors at the time of granting this easement is unplatted but is
platted prior to the recording of this document, then the Grantors do hereby authorize the
Grantee to add to this agreement the designation (volume and page, etc.) of such plat.
The Grantor acknowledges that part of the consideration being paid by the Grantee is for an y
and all damage resulting to or resulting hereafter from the possible Interference of the natural
flow of surface waters by Grantee's digging of pipe lines which may disturb the soil compo-
sition within said easement.
The Grantee shall have the right without prior institution of any suit of proceeding at law,
at such time as may be necessary, to enter upon the easement for the purpose of construct-
ing, repairing, altering or reconstructing said water mains, or making any connections here-
with, without incurring any legal obligation or liability therefor, provided:
(1)
(2)
(31
(41
The Grantee, Water District No. 90, will restore Grantors property to a condition as
good as or better than the premises were prior to entry by the Grantee, Water District
No. 90;
The District will exercise its best efforts not to damage any private improvements on
the easement herein, but if it does so, it shall repair and/or replace said Improvements;
Restoration, replacement, and repair shall be completed within 90 days of the date of
any entry by the District and said restoration,replacement, or repair will be of a quality
and/or quantity that is comparable or better than existed prior to the Grantee's,
District's, entry upon the easement.
The above set forth conditions shall apply not onlv to the initial construction but also
to any re-entry by the Water District that becomes necessary for repair and mainte-
nance of the water line on said easement.
(5) Anv damage and/or removal of any ornamental tree, shrub, fenea, or rockery shall be
replaced within the aforementioned 90 day period by the District.
The easement, during its existence, shall be a covenant running with the land and shall be
binding on the successors, heirs, and assigns of both of the parties hereto.
lONG (:CIJNTY WJ\TFi'l 1::5T. ro lat.;; .• 5. E. l~·~·t~. ~·.:~/.;:'t
RNI" If t. \J.!(l:!,' ~ .. " 'I ':" ~;:rj9
F;IZ 1100 lIDOCNII'fR. T£P 3·27·95 PAGE 20f 4
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Easement No.:·1 0-23-5-12
IN WllNESS WHEREOF. we have set our hands and seals this~ day of
April • 19~.
STATE OF WASHINGTON)
COUNTY OF KING ,SS
ON this day personally appeared before me RUTH l. FIFER II'Iti _______ _
~---___:...,...--...,....-...,....,,......--to me known to be the individuals described in and
who executed the within and foregoing instrument. and acknowledged that ,...::.!sh:::e __ _
signed the same as her free and voluntary act and deed. for the uses and purposes
mentioned.
G!VEN under my hand and official seal this ~ day of ;.;.AP:..;r..:i.=.l ___ • 1995 •
NOTARY PUBU ii18nd for the ~ate of Washington. residing at 19514 s£ 134th Renton, WA 98059
My commission expires: --11'::'-\1::-2,9.1..7 ______ _
F:\1I1001\ooc~FIFER. TEP J·U." PAGE 3 OF 4
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F,\211001100CSIF1rER.TtP '.27.'1
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Easement No.: 10-23-5-1 2 r---...l .
10· PERM, EASEMENT
@~
LOT 3
66
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SE 125TH MAIN EXTENSION :
EASEMENT NO. 10-23-5-12 i f
PAGE 4 OF 4
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CERTFICA1E r. the c:;::;:fsigned, dAr!! Clerk of the
City of Renton, W~zhington, certify tIaat this Is a true
and correct copy "'~~"""''''","",,:..;J..lI~~ __ _
SlJbsaI)ed and 8ealE.l.m~'"
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4612
All OJtDDDBCB OF TIIB CIT!' or RBNTOIt, WASB r 1IfntW,
BSTABLISBDIQ AI1 .ASBESSJIBIl'l' DISTRICT FOIl SAIII'l'ARY SBtIKR
SERVICE Dr A 1'.9Jl.TICDr OF TIlE SOUTH BIClJlLMmS, BBA'l'BD
DOtIBS, Ala) DPLBWOOD SUB-BASlHS M1D BSTABLXSBJ:JIQ 'I'D
AIIOUJI'l' 0:1' TIlE CJIARGB tIPOJI COlGEC'l'IOH TO TIm J'ACILI'HES.
THB CITY COUNCIL OP THB CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SBCTIOR' I .. There is hereby created a Sanitary Sewer
Service Special Assessment Distrlct for the area served by. the Bast
Renton Sanitary Sewer Intercepto~ in the northeast quadrant of the
City ot Renton and a portion of its urban growth area within
I unincorporated King county, which area is more particularly
described in Exhibit -AN attached bereto. A map of the service
area is attached as Exhibit -8.· The recording of this document is
to provide notification of potential connection and interest
charges. While this connection charge may be paid at any time, the
I City does not require payment until. such time as the parcel is
connected to and thus benefiting from the sewer facilities. The
property may be sold or in any other way change hands without
triggering the requirement, by the City, of payment of the charges
associated with this district.
.'
SlCTICIJ II. Persons connecting to the sanitary sewer
facilities in this Special Assessment District and which properties
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ORDINANCE 4612
have not been charged or assessed with all costs of the East Renton
Sanitary Sewer Interceptor I as detailed in this ordinance, shall
pay, in addition to the payment of the connection permit fee and in
addition to the system development charge, the following additional
fees:
A. Per Unit Charge. New connections of residential dwelling
units or equivalents shall pay a fee of $224.52 per dwelling unit
and all other uses shall pay a unit charge of $0.069 per square
foot of property. Those properties included within this Special
Assessment District and which may be assessed a charge thereunder
are included within the boundary legally described in Bxhibit ~AU
and which boundary is shown o~ the .~~ attached as Bxhibit ~B.·
PCTXOJI X1:1: « In addition to· the aforestated charges, there
shall be a charge of 4.11\ per annum added to the Per Unit Charge.
The . interest charge shall accrue for no more than ten (10) years
from the date this ordinance becomes effective. Interest charges
will be simple interest and not compound interest.
SBCl'IPR IV, This ordinance shall be e!fe,cti ve upon its
passage, approva~, and thirty (30) days after publication'.
PASSED BY THE CITY COUNCIL this·~ day of __ ~J~u~n~e~-.-__ 1996.
Clerk
2
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OIIDINANCE 4612
APPROVED BY THE MAYOR this 10th day of __ J_u_n_e ___________ , 1996.
Appro~ as to fo:t1t1: ..
~~~~g.-
Lawrence J. Warren, City Attorney
Date of Publication: 6/14/96
ORD.576:5/20/96:as.
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Exhibit A
LEGAL OESCmP11ON OF THE SPECIAL ASSESSMENT DISm&CT
FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR
Portions ofSectlons 8,9, 10. 11.14. 15, 16. 17,21 and 22 an in Township 23N.
Range 5E W.M. in King County, Washington
Section 8, Township 23N, Range 5E W.M.
An of that portion of Section 8, Township 23N. Range 5E W.M. lyIng East of the
East right-or-way Une of SR-405 and South of the following descrlbe,nine:
~ at the intersection of the East line of said Section 8 with the centerline
of NE 7th Street; thence westerlr along said centerline of NE 7th Street to its
intersection with the centerline 0 Sunset· Boulevard NE; thence Northerly along
the centerline of Sunset BoQlevard NE to the North line of the Southeast ~ of
said Section 8: thence West along said North line to the East right-of-way line of
SR-405 and the terminus of said line.
Section 9. Township 23N, Range 5E W.M.
An of that portion of Section 9. Townsbip 23N, Range 5E W.M. lying South and
East of the following described line: .
~ on the centerline or'NE 7th Street at its Intersection with the centerline
of Edmonds Avenue NE: thence Easterly along the centerline of NE 7th Street to
ita intersection with the centerline of MOIU'Oe Avenue NE; thence North along said
centerline to the South line of the Northeast ~. of said Section 9; thence East
along said South line to tts intersection with the centerline of Redmond Avenue
NE: thence Northerly along said centerline to its intersection with the centerline of
NE 10th Street; thence East along said centerline to the East line of said Section
9 and the terminus of said line.
Sec;tIon 10, Townshlp23N, R.ange SEW.M.
All of that portton of Section 10, Township 23N. Range 5E W.M. lying Southerly
and Westerly of the following descrtbed line:
Beginning on the West line of Section 10 at its intersection with the North line of
the South Y.l of the North lh of said Sectlon 10; thence East along said North line
to tts Intersection with the centerline of 142nd Avenue SE; thence Southerly
along said centerline to its intetsectlon with the North line. of the Southeast JA of
sald Section 10; thence East along said North line to its intersection with the East
line of said Section 10 and the tennJnus of said line. .
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Legal Description of the Special Assessment District
fpr the City 0[ Renton -East Renton Interceptor
Section 11 t Township 23N, Range SE W.M.
All of the Southwest ~ of Section II, Township 23N. Range 5E W.M..
SectIon 14, Township 23N, Ran~ SE W.M.
Page2of3
All of that portion of Section 14. Township 23N. Range 5E. W.M. described as
follows:
All of the Northwest JA of said section. together with the Southwest JA of said
section. except the South Y.l of the Southeast IA of said Southwest J,4 and except
the plat oC McIntire Homesltes and Y.z of streets adjacent as recorded in the Book
of Plats. Volume 58. Page g2. Records of King County. Washington, and except
the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River
Five Acre Tracts as recorded in the Book of Plats. Volume 16, Page 52. Records of
King CoWlty, Washington, less ~ of the street abutting said portion of Tract 6.
Block I, and less n-act 6, Block 2 of said Cedar River Five Acre Tracts. less lh of
the street adjacent to said Tract 6. Block 2, and except the South 82.785 feet of
the East ISO feet of Tract 5. Block 2 of said Cedar River Five Acre Tracts and less
Y.z the street adjacent to said portion of Tract 5, Block 2.
SecUon 15, Township 23N, Range 5E W.M.
All of that portion of Section 15. Tmmsh1p 23N. Range SE. W.M.. except the
Southwest JA of the Southwest ~ of the Southwest 1A of said section.
SectIon 16, Township 23N, Range SE W.M.
All of that portion of Section 16. Township 23N. Range 5E W.M .• except that
porUon of the Southeast tA· of the Southeast JA. of the said Section 16 lying East of
the East lJne of the Plat of Maplewood Division No. 2 as recorded In the Book of
PIats Volume 39, page 39, Records of King County Washington and its Northerly
extension to the North line of said Southeast IA of the Southeast ~ of the said
Section 16 and except that portion of said section lying Southerly o,f the Northerly
right-of-way line of SR-169 [Maple Valley Highway). .
Section 17, Township 23N. Range 5E W.M.
All of that portion of Section 17. Township 23N. Range 5E W.M., lying
Northeasterly of the Northeasterly right-of-way of SR-169 (Maple Valley Highway)
and Easterly of the East right-of-way line of SR-405 less that portion lying
generally West of the East and Southeasterly line of Bronson Vjay NE lying
)----------------------------------------------------
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Legal Description of the Spedlzl Assessment District
far the City of Renton -East Renton Interceptor Page3of3
between the South line of the NE 3rd Street and the Northeasterly margin of SR-
405.
Section 21, Township 23M, Range 6E W.M.
All that portion of Section 21. Township 23N. R 5E W.M. lying Northeasterly of
the Northeasterly right-of-way line of SR-169 (Maple Valley Highway) and West of
the .East line of the Plat of Maplewood Division No. 2 as recorded in the Book of
Plats. volume 39. page 39, Records of King County. Washington
Section 22, Township 23N; Range 5E W.M.
AlI of that portion of Section 22. Township 23N. Range 5E W.M. described as
follows:
All of the Northwest 1A of the Northeast 1A of said Section 22 lying Northerly of the
Southerly line of the Plat of Maplewood HeIgh~s as recorded In the Book of Plats,
volume 78. pages 1 through 4. Records of King Coun1¥. Washington.
: Together with the North 227.11 feet of the west 97.02 of the Northeast V6 of the
Northeast % of said Section 22.
... ;:w· ....... _..... . .. ""
Exhibit B
EAST RENTON NTERCEPTOR
Special Assessment District Boundary
e SANTARY SEWfRS .6m. ~Warks ~ Chrkf~.VJ...at 20 May 1996
-1:24,000
-------City UmIh [zT..T.-Zt -special Jweament DiItrid
Filed for Record at
the request of ICING COUNTY lolA lAS
KING COUNTY WATER DISTRICT NO. 90
15606 S.E. 128TH STREET
RENTON, WASHINGTON 98059
Easement No.: .... 1..;;.0...;;-2=3'--5~--'1...::;0_R'-."-_________ _
Project: SE 125'" ST MAIN EXTENSION
Tax ParceIID#: '""'-10.;;;..2;;;.3;:;.,;0;;..;:5:;...-9.;,.0;:;.,.1.;..;:3:-_______ _
Grantor(s): SCOTT E. HAND
14225 SE 125'" Street
Renton, WA 98059
Grantee(s): KING COUNTY WATER DISTRICT NO. 90
AGREEMENT FOR EASEMENT
12 .•
zeeeetl!l8l!l8
PAGI 'lit'" 1,/11' It:l1 KING COUN Y, 1M
THIS INDENTURE, made this I L {1 day of D.( ce.v..J,e,., , ~, by and between
KING COUNTY WATER DISTRICT NO. 90, a municipal corporation of King County,
Washington, hereinafter termed the wGrantee", and SCOTT E. HAND, hereinafter
termed the "Grantor";
WITNESSETH
That the said Grantors for ONE DOLLAR ($1.00) and other valuable consideration,
the receipt of which is hereby acknowledged by the Grantees, does by these presents
convey, grant and warrant unto the Grantee a permanent easement for water mains
and appurtenances under, through, above, and across the following described
property situated in King County, Washington, together with all after acquired title of
the Grantors therein, and more particularly described as follows:
F \21\001 \DOCS\HANDESM.DOC Page 1 of 5 ~ TM'.'4U; HEQUIREt'4199
Kir!D Co. A8cortts DvIt!on
--'d,,, ~L-. Oeput
-
EASEMENT NO.: 1 0-23-5-1 OR
The North 10 feet of that portion of the West 345 feet of the Northeast
quarter of the Southwest quarter of the Southeast quarter of Section
10, Township 23 North, Range 5 East, W.M., in King County,
Washington, lying South of the· North 330 feet of said subdivision and
North of the South 75 feet of said subdivision;
EXCEPT that portion of the West 278 feet of said subdivision lying South of
the North 440 feet of said subdivision;
AND EXCEPT the West 160 feet of the South 110 feet of the North 440 feet
of said subdivision;
ALSO KNOWN AS lot 1, King County Short Plat No. 776004 Revised,
recorded under Recording No. 7904120866, records of King County,
Washington;
TOGETHER WITH any interest in the North 10 feet of the South 30 feet
of the North 360 feet of the West 160 feet of the Northeast quarter of
the Southwest quarter of the Southeast quarter of Section 10,
Township 23 North, Range 5 East, W.M., King County, Washington;
LESS County Road.
The Grantor warrants that their title is free and clear of all encumbrances except:
!The .. blankl8hould be either filled in end initi.1ed by the Grantor of X'd out completely.1
If the property of the Grantors at the time of granting this easement is unplatted but
is platted prior to the recording of this document, then the Grantors do hereby
authorize the Grantee to add to this agreement the designation (volume and page,
etc.) of such plat.
The Grantor acknowledges that part of the consideration being paid by the Grantee is
for any and all damage resulting to or resulting hereafter from the possible
interference of the natural flow of surface waters by Grantee's digging of pipe lines
. which may disturb the soil composition within said easement.
The Grantee shall have the right without prior institution of any suit of proceeding at
law, at such time as may be necessary, to enter upon the easement for the purpose
of constructing, repairing, altering or reconstructing said water mains, or making any
F \21\oo1\OOCS\HANOESM DOC Page 2 of 5 12114/99
-
EASEMENT NO.: 10-23-5-10R
connections herewith, without incurring any legal obligation or liability therefor,
provided:
(1 ) The Grantee, Water District No. 90, will restore Grantors property to a
condition as good as or better than the premises were prior to entry by the
Grantee, Water District No. 90;
(2) The District will exercise its best efforts not to damage any private
improvements on the easement herein, but if it does so, it shall repair and lor
replace said improvements;
(3) Restoration, replacement, and repair shall be completed within 90 days of the
date of any entry by the District and said restoration, replacement, or repair
will be of a quality andlor quantity that is comparable or better than existed
prior to the Grantee's, District's, entry upon the easement.
(4) The aOO.ve set forth conditions shall apply not only to the initial construction
but also to any re-entry by the Water District that becomes necessary for
repair and maintenance of the water line on said easement.
(5) Any damage andlor removal of any ornamental tree, shrub, fence, or rockery
shall be replaced within the aforementioned 90 day period by the District.
The Grantor shall retain the right to use the surface easement if such use does
not interfere with the installation, repairing, altering or reconstructing of the water
main. PROVIDED, the Grantor shall not erect buildings or structures of a permanent
nature on the easement during the existence of said easement.
The easement, during its existence, shall be a covenant running with the land
and shall be binding on the successors, heirs, and assigns of both of the parties
hereto.
f \21\oo1\DOCS\HAND£SM DOC Page 3 of 5 12/14/99
EASEMENT NO.: 10-23-5-10R
. IN WITNESS WHEREOF, we have se/! "s and seals this ~ day of
~~, G. ~ .
~ onE. HAN
STATE OF WASHINGTON)
COUNTY OF KING ) 5S
On this l(jk day of ~ (tt,~, before me personally appeared scon
~ E. HAND to me known to be the individuals described in and who executed the
t.r') within and foregoing instrument, and acknowledged said instrument to be the free c:::)
c:::) and voluntary act and deed of said Grantors, for the uses and purposes therein
~ mentioned.
~ GIVEN under my hand and official seal this U, ~ day of
F \21\OO1\DOCSIHANOESM DOC Page 4 of 5 12/14/99
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F \21\OOl\DOCS\HANDESM DOC
10" PERM. EASEMENT
6?
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Page 5 of 5
EASEMENT NO.: 10-23-5-1 OR
t-•
LOT 3
II
,
SE 125TH ST MAIN EXTENSION
EASEMENT NO.: 10-23-5-10R
12114/99
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20000105000509
PAGE 001 OF" 005
01/05/2000 10 15
KltIC COUl'll'!', \.IA
Additional Jramon on paae _
Grantee(s) ~ .. ~ an4:~dIe ~ ~bJn CoU~<+,{~~;~i.· .... J~=·"·~;;-·: -./ ..... ;.:: . ...:; ... :.-.:: -.::-.... :-... --------
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. h:· --------------.~: :: •...... , .. ..,;,;:---........ _-,.;.;;;.,---------
_______________ .. " .:' .( ...... :~: .,; ............... :. Addilionallramees on pale_
Legal Description 'lbbnYialed form: 1~~:··IGt~·.~~:.:~:~~. ~~i·.~.·~uarter/quarter)
4;' 2,. , kcs? ~" bsE:M. ffiw\$ee '~"~~' ~:&, ci4l:~1bb·/····"""'··:··::···
. . .t •.• :.::. ii'" .: .. :': /: .:::" .f Add.I~~ le~i iJ QA.pale _
Assessor's Property Tax Parcel/Account Nuriitkr ;: .. ":-' .: .. : .. :'.;/ ./ .. ::'.~:;>;: ::: / .j ................ :
( 0 " ~ ~5 -Oro. .... ~ . ·····.· ... :/:i :\ ..... : .. :,/,'./:.: ",. .' ,';t .... • .. ,,·.;:· _ ""2~_ .:&-"'~ ___ -._...: .. :"":, .. ::.;. .. ~~:::..:.\,,__--""-:: ........ :... .,:<'!>. ::.' :','
\::. AddJbona'·:Iia".i~1 '·s:.~n pa,ge _,:: .,if '.:,. ,.:/'
The Auditor/Recorder wID rely OD the Inronnatlon pl'O'rided OIl this rorm. The stall' wID DOt RId the .. ~~eufto y~y t~ .:.:' \.:" \)
accuracy or completeness or the lIIdexiDJ inronnation proYided herein. :." / /.' :.:'./ /'
~ .. ,:-.;' TJ"ti~6'f ~:EQ(m~eL. .//::} -"'... ..... .._ ......... Dl.'On;: ... r King Co. f'WWIuc. " .. , .' ct~vt. .:~, ~P.~t,;./
" ....
::
·:.:".:' FiI~d.:for Record at r :.: .:;.: t~e ,ieqV~$.l of
.:. '\., .. ,/' ,KING COUNTY WATER DISTRICT NO. 90
:}. ,/15606·.S.E. 1.28TH STREET
\\. "".' BENtON, WASI-JJN.GTON 98059 "~:'::I;":':I"'''''''''''' 0' " • " " " •
...--
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·"'",/""'·.i //"') / ,i'" (i /""",
Eas.::nt N~::::~;:~-:/,,J<;C>i',. ,:;:;~'':~)
EXCISE TAX NOT R~aU'RED
Klng Co, Reevrds OMSlon
11< P!k¥ -llOPU\Y i
::./ .:{: .::' :,:\:' :/' :/:
Project: SE 125'" STMAIN, I!X~I1N,:¥O,~'>' ./'"'' ,,'<)
::::::?I:':~,~:~::::~~:~:.e~'i",':,,:':~::':/. "~:,/}<_,::'::'::"\ /",.
...... i" R:ilton, WA 98059''''''''/ ,i,. '/:_:://i/~/'/
Grahteel~): ;i<'N~ COUNTY WATER DISTRICT ~~:iJ",\-:. i/,/,i ,,'
.' ";:: '.: ...... :.~ •. : .. , ..•. , .. :.,./' :"/~' " .:"/' .... .' :: , ..... " .... , ...... :. .'
;J~,;~t~,~~t~;~~~:;t~:~r:::;.~!:2f ~~~ ~:~t~~
Washington, h~reii'1~fte.r:'·.ter""ed'.;..thfi·: "G.rantee", and LEONARD L. PIELE, hereinafter
termed the "Grantors",~'" .,:""' .. :-" :::::..; :.:' ".\ '::""'"'''' .",,; /. .:i: ···:"i;.:"::
;\:,.".,,::..... ./' WITN.~S··$.ETH
That the said Grantors f~}····QNE,,60.tLAl ($.:1":.00:)'" $h~···.·Other valuable consideration, the
receipt of which is hereby 'a'ckno;lvledge~f by:: tlJ~ Grante~~, does by these presents
convey, grant and warrant unto t'~e GrEinte~:' aj)e~,"",'8(lent:'ease.ment for water mains
and appurtenances under, throu·gI1, .. /~bove, /an~ across the\-. following described
property situated in King County, Washif)gto~~ t~getf1er wittl all,:after .acquired title of
the Grantors therein, and more particularl~j' d~scr.~bed/as follqws.;::· ./', ... "." .... :: .....
The North 1 0 feet of that portion o~':"i~e s:~uth h:'lf ::hl·~he~:-i';lo~heast
quarter of the Southwest quarter of the Southe~st :.qu·art~t-... :Ot Sci~ion.:~:.' ........... .
10, Township 23 North, Range 5 East, WJ·/t./· in f<in({···.·C,6l!nty/',. ':'.. .r""'''·.;:·
Washington, lying West of the East 180 feet and East ::of the'V~est" 345""': :t:,:/,
"~I_\:~:~'::::UbdfVfSfon; Pege 1 of 4 \"""'-,',:," .i ii'~i;;F,;j
.' .:.:: /' ,',. :::: .... ~ ... :~. :: ;:'
:,:: .. : .. .1:>
--------_ .. _. ---
EASEMENT NO.: 10-23-5-11 ..
ii' ,.:..... // /::: .... :.~~~. that portion of the South 75 feet lying East of the West 210 feet and
':.:. .:"":....... ,/: ::.:. Wesf'ofthe East 180 feet of subdivision;
.:. .,' "
.. :\:",:, ,./ ..... ,. :/. ::./··A.~SO:~·K~OW~ AS Lot 2, King County Short Plat No. 776004 Revised,
",,,,, ..... ,. .:' .::' r~co.rded under... Recor.9ifl9· .. :No. 7904120866, records of King County,
"i" i W~~I*'?~:" ,("/ <"/l ""} "
The GrahtQr W;arr..ant&:'that their title is free:."~.d clear of all encumbrances except:
\" .:: ... " ,// " " ':""'):.:./ :t"':<' .<.· .. : .... " .. ;::f
.. ,.:1:'" .• .::. • '::~:. ",;::" .;~' .;:',
If the proPl'rtv of the Grant~;: a;'II'i~'Jmej"~t9::~!in~{ ~;~,easeih~nt 'is u~platted but
is platte.d 'pripr to the recording of tM.is docu.m~nt, ,,:then,:..tne.:. Gt~nto~~ qo hereby authori~a the "Grantee to add to this agr.~,~m,~nt ::.the:/de~Jg[i..~tio.!:l NOlufOe ::snd page,
etc.)qf suq,!:l plat~ ~ ... ".' ./' .,.::,/ .. ······:r :/. .{,.
The .. ,6ra~i~r·::~ck~OWledgeS that part of the cons;~~:t~ti~n 6;'i'~J p~i~ }'~ th: Grantee is
for:/ any,,", ang alt damage resulting to or resulting ·::::~ere~.fte(· ~rom.,:"· the possible
inlerferenc~:;'of ,he ~~tural flow of surface waters by Gi"an~:ee'$' d,lggiJ'ig of pipe lines
Which/inatdisttir~''ffu3'''S()iI composition within said easement'··:,::' .,/ .:'
~e. .. G~'~~~e~/~:~~II ~av~ t~~ right without prior institution of any ::~UI{ of proceeding at
law/:at~.\.lch tfine/Bs ~aY:b~ .. nec~,ssary, to enter upon the easement for the purpose
of constructing, r.~p~fi'ing'~ .~Iteringt)r reconstructing said water mains, or making any
connections ~.erewith, /Y!itho~t:.,. inci,Jrring any legal obligation or liability therefor,.
provided: ·:·::c ... :,:,."."." ...... /· :~/ ././. ·i: .. :.Ji .: ..... .-:-.... ~.~? :'::' ..
(1) The Grantee, Waier Qis,t.rict No. 90, will"testore Grantors property to a condi-
tion as good as of.: .. better··tbal1:':th~: prefnls¢,s w.ere prior to entry by the Grantee,
Water District No. ··9.Q; ",/' ::c' :,i' ./ /./ .). ........ .
(2) The District will exe~~~~~ it" be~t'··~~~~:/~ot.~,~~ d'~f:pag~ any private improve-
ments on the easement here.if),,'.,but if' IFdo.$s $0, it'shaitrepair and/or replace
said improvements; ....... { .:,:,: :/:. /. ;.:: :.":''''~':: ~~
(3) Restoration, replacement, and. rep~';~ ~~h~i:·b~:':'~0~Ple'e~/~it~~·~·'·'·9()::.days of the
date of any entry by the District and said .:res~or~~lon~· ::fepla9'e(Tlent, .::or, repair
will be of a quality and/or quantity that iscG.Q;np~raQtEr'· or .,b.¢tter th~n ~'X'~.~ed
prior to the Grantee's, District's, entry upon the e.asemQnt./ >....... i.:": L"" ...... :.
" ..' " " " " ,'o,j.lt •• ""····.~.:·
....... ::: :".:". ..\".,:;.:: .... : .. :,.·.:: .. r.:: .. :.: ." .. ~\. ":':-"":" {' .:.:
:." :: .~: ',t· :.:'
.::: .... :: ...• ,." •.•... ,',: .. :. .::. ,,::,:' ::.'::' '::', '. .::' .:.~:::o .. ,':.
:: .. :.... :i: .,./ ....... 04 ... ?:3/~i/~· :/: .. : .. ,/{
.:.::.. ./ .:.:,.t .... ::
'~'.,:: {:~
F:\21\OO1\DOCS\PIELESM2,DOC . Page 2 of 4
,/
.'
:.::'" ,.
~' .. -'::'"
:: ::
::
EASEMENT NO.: 10-23-5-11
" .: .... ;.
!: "t4)" TtW. above set forth conditions shall apply not only to the initial construction
,,'. '\ ... /1' :~~.: .:t;ut ';:Uso to any re-entry by the Water District that becomes necessary for repair
.:. ../ /·,and niaintenance of the water line on said easement.
''\''''"···",,., .. /''''/'/('5)/:'': Jny;.:·&.~~g'~···'aDd/or r~moyal of any ornamental tree, shrub, fence, or rockery
./ .;.:' .,shan be r~p!.aced W!t.l:lin th~" aforementioned 90 day period by the District.
= -
'\,.:,:.:,." /.;'" r~~/rir~~;~lsh.~I~t;:;air;(i~e li~i'hf'Jo use the surface easement if such use does
not·int.~rfe.re ~i\h t~e install~tipn'; r~I?~r~ri9" altering or reconstructing of the water
main. PRQVIDED, ~e .,Gra~t()F·· shall(n6ttEm~ct buildings or structures of a permanent
nature on th~. eas~ment dVYing··Jhe e~s~~hoi3 of said easement.
The e~:;~enf;':" d~i~ng ,:if': ~~:i~~~'~~J;~ shall be a cov.~nant running with the land
and shall be bindin·g-·:.qn th~' sijtce.~·sor.s, .heWs~··.:.~nd as~rgf)s of both of the parties
hereto. '.,. .' .,. ,.::: .,' .:" ./,. '" .' .(:, .... /
....... :.".,/./. :.'.,/' .:.:::';:::/: :/"., ..... ,\.. } ::/:':""':: . I
IN WITNE~S WHEREOF, ~v~.~~·t ~:Lr ~~n.~s aH:d:::.S·~~.I~· ~~iS' .. ,~.:--day ?~. ,4~O)"t~~" ,':/,>:::<,:)) "f/ l
.~::"".. .. .:. .' .': ~ . '. ...:' ::" .. :.".~~~'
... f " ~:.i !! .' ~~ .:::. ../' :,' '::".
siATE"'C,F WA~'NGTON)"'~>i"/'/' '
:.i"' .,:. .,:' .::' /,," ...•.• ,:.. ss ':':':':,/'.:" .'
'P,:?,UNTY.O~/~~~G .. , ........ ::~., ... ::~: ) :::. .... , .. ,/::
on;l;fS'i,?' dt oi JJ1;":V . 19 ~before me personally appeared
LEONA . PIELE .. to mE!::khOwn to·:·be the indiViduals described in and who executed
the within amf:::foregol.~:Jnst.r(jm~ntf. aryd···s.cknowledged said instrument to be the free
and voluntary act., .. .ar'id .:de~d of ····said.:'· Gr.antoJs, for the uses and purposes therein
mentione~. ~: '\" .... ,',:. ./',:::-" ./' .... :.:>
GIVEN under my hand a~~ ... ~~.i,~·~~l f.~al,:fhiS.:/·:· .' .. :·:d~~ ... Q.t. frfl)'l
.. ' .: ~:.'. .... , .. ~:{ ',' -····.~::I:-.=*-~~AAw:J~~~~----::-:-:-:~.,..---
F:\21 \001 \ooCS\PIELESM2. DOC Page 3 of 4
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.: ......... :::::
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Page 4 of 4
EASEMENT NO.: 10-23-5-11
10' PERM. EASEMENT
~~
1.50
160
LOT 3
.,.:. -~ -
II
..
Return Address:
City Clerk7s Office
City of Renton
1055 s. Grady Way
Renton WA 98055
Please print or type information
Documcnt Title(s):
1111111111111111 20020104002323
CITV OF RENTON CORD 11 II PAGI .. 1 OF .. ,
11'14'2112 ,"42 KINe COUNTY, ""
ORDINANCE NO. 4924 --
Rererence Number(s) or Documents assigned or released:
(on page_oC doewnent(s»)
A-OI-OOI
Granlor(s) (Last name first. then first name and initJals)
1. City of Renton
2
3.
4 0 Ad&\1onal names on page_of document
Grantee(s) (Last awnc rust, then first IWJlC and initials)'
1.
2. Piele Annexation
3.
4 0 Additional names on page_oC doeument
Lega! Descriplion (abbreviated. i e lot. bJock, plat or section, township, range)
"
The North half (1/2) of the Soutbwest quarter of the Southeast quarter •••
jr( Additional legal is on pagc-":"of document
Assessor'. Property Tax ParullAccoullt Number:
1023059013, 1023059015 •••
J'Additionatlegalls on pa8e~or document
The AuditorlRecorder will rely OD the infonnation provided on the form Thc staff will nol read the
document to verify the accuracy or completeness of the indexing lnConnation J)g)vidcd herein
-
CERTIFICATE
I. the Wldersigned City Clerk of the
CIty of Renton, Washington, certify
that this is a true and correct copy of
. Subscribed
da of /{tv ,20 D/
.".,/
ORDINANCE NO. 4924
AN ORDINANCE OJ THE CITY or RENTON, WASHINGTON
ANNEXING CERTAIN TERRITORY or THE CITY or JlENTON
(pJELE ANNEXATION; mE NO. A-OI-08l)
WHEREAS, uoderJbLproVlSions of RCW 3SA.14.120 as amended, a petition in
wribo.g requesting that certain tenitory contiguous to the City of Renton, as described below,
be 8bOeXCd to the City of Relltoa. was presented aod filed with the City Clerk on or about
October 1 B, 2000; and
WHEREAS, prior to the films and circulatio.o of said petitjoo for auoexation to the
City ofReoton, the petrtioning owners notJfied the City Council of their intention to ClOmmeoCc
such proc«dqpa as proWled by law. as more particularly specified in RCW 3SA.14.120, aod
upon public hearing themKJ, it having been determined aDd the petitiooiog owners baviDg
apeed to IISSUDIIO the pro-existiDg bonded ind~ of the City of Renton as it pertains to
tile territory pediooed to be aOO!'!XJ'4; aod to eooept tlIat portion of the City's ColDpI'daensive
Plan as it pertajns to tho territory including the appbcabJe ZoDiog Code relatina tbeRto; aud
WHEREAS, tho Kmg Coumy Dcpartnent of Assessmeuts has exatDinecl aod wtified
tbo signatures on the petition for anoexation aod determmcd the assessed valuation of aD the
properties, the same being m excess of sixty pm:ent (6O'A) oftbe area to be 8!J!VI!Y.ed, in value,
as provided by law, and the petition also setting JOrth the legal description of the property
according to government legal subdivision or plat. aDd the Economic Dcwtopment,
Neigbborboods aDd Strategic Planning Department of the City of Renton having considered
and recommended the annexing of said property to the City of Renton; and
I
ORDJNANCl! NO 4924
W'JIEREAB, tbe City Councd fixed August 6, 2001, as the time and place fur pubJie
hearing in the City Couocal CbalDbers, City HaD, Radon, Washington, upon the petition and
notICe tbereofbavmg been grveo as provided by law, and
WHEREAS, pursuant to said ootJces pubbc bearings haw ~ held at 1be time IIIId
place specified m the nobces, and the Couocil bavmg considered aD IllItters m conoecbon WIth
the petition and further detemlincd that all Jegal reqUtremeDts and procedures of tbe law
appIk:able to the petition method for annexaboIl have been met; and
WHEREAS, the King County BoUDdary Review Board havmg deemed the "Notice of
Intention" approved as of October 23, 2001;
NOW, THEREFORE, nm CITY COUNCll. OF TIlE CITY OF RENTON,
C"I WASHINGTON, DO ORDAIN AS FOLLOWS
SECI'IONL
true and correct in aU respects. All requuaneats of the Jaw in regard to the annexation by
pchtion method, mchJdmgtbe proVISions ofRCW 3SA.14.120. 130, 140 and ISO, have been
met It IS further determioed that the petrti.on fur anOO'lf.atlon to tbe City of Renton of the
property and terriloJy described below is hereby approWld and graoIed. the tbllowing dc8cnbcd
property being CODhguous to the City bouts of the City of Renton is ha'eby annexed to the City
of ReDtOD, and socb aonexatlOn to be effective on aud after the approval, passage, aocl
pubUadion of this 0rdinaDce; and on and after said date the property shall constitute a part of
the CJty of Renton and sbaII be subjeCt to all Its laws and ontinances tbeo BOd tbereafter m .
furce and effect, the property being described as follows
2
ORDINANCE NO. 4924
See Exhibit " An at1ached hereto and made a part bcreof as if fully set fOrth
herein
[Said fC2.pt:rty, approxmlfely 20 acres, is located approXDJlllleJy 600' north of
NE 4 Street in two approximately lc)'acre tracts located along both SIdes of
14z-' AveSE]
and the Owners-petrtIODrn of the property shall assume the pre-existmg bonded iDdebtedoess
of the City ofRmtoo as prescribed in RCW 3SA 14.120 as it pertains to the property. and the
property to be subject to the Cstys Comprebeosive Plan and Zomng Code
SECI10ND. This Ordnmce shaD be effective upon rts passage, approval. and
five days after its publicatJon.
A certJfied copy of this Ordinance shaD be filed with the King County Council, State of
Washington. and as otherwise provided by law
PASSED BY TIlE CITY COUNCn. tlus 26th day of Novellber .2001
APPROVED BY THE MAYOR this 26th dayof November .2001.
~ Lawreoce J. Warrea, City Attorney
DateofPubUcatJoo· 11/30/2001 (Summary)
ORD.937.11!20/01 :ma
3
j.~:?~
J Tanner, Mayor
, ...
c:.J -
ORDINANCB NO. 4924
EXHIBIT "A"
PlELBANNRXAnON
LEGAL DESClUPTION
The NcJrtb half (112) of the Southwest quarter of the Southeast quarter of Section 10, Township 23 NOI1h.
RIDge S East. w M.. m Kmg CCMJnty, Washmgtoo.
TOGBTHBR wrm that porbOD ofthc Northwest quarter ofthc Southeast quarter of Secbon 10,
TOWDSIup 23 North. RIDge S J!d;. WM , m Kmg County, WII8hJDatcIn, per Supenor Court Cause
fI9O.2-OOO38-9
......
-
ORpI~tjlC~ NO. Jl924 • Proposea f~li .annexation
o soo E ; ;
f)~6,OOO .. ~-0_
AIpoI21.2II01
1,000
1
Proposed annexaUon boundary _____ Enslm& corporate boundDl'Y _._._0_ Urban Growth Boundary
:..
Q -
6
PIO kdNo
1023059013 102305901302
1023059016 102305901500
1023059025 102305902508
1023059033 102306903308
1023059033 102305903381 .
1023059036 '02305903605
1023059010 102305901002
1023059098 102305909800
1023059123 102305912309
1023059125 102305912501
1023059176 102305917605
1023059171 10230591n04
1023059185 102305918504
1023059188 102305918603
1023059190 102305919007
1023059212 10230592\'201
1023059211 102305921706
1023059230 102305923009
1023059231 102305923108
1023059254 102305925400
1023059258 102305925806
1023059264 102305926408
1023059281 102305928107
1023059283 102305928305
1023059290 102305929006
1023059291 102305929105
1023059298 102305929808
1023059306 102305930608
1023059308 102305930806
1023059385 102305938502
1023059403 102305940300
8:58AM CORE DESIGN INC NO. 456 P.6 ;I'" "3
MAILBOX REQUIREMENTS
NOT,ICE FOR ALL NEW PLATS AND SHORT PLATS
City of Renton Development Services Division
1055 South Grady Way-Renton, WA 98055
Phone~ 425-430·7200 Fax: 425-430-7231
O€'v, . '€'l.o Clrjflt1€', o~:P-PI A
'€'lIJibllJtv1tv. The Post OffIce wants to be Involved In helping you locate your maRboXes before cons1nJction J{jN I 'IV G
begins. Please take a copy of your plat map along with this form to the City of Renton Post b;c:. : S 2004
OffICe, 314 Williams Avenue SOuth. for their slgrH)ft. Please submits signed copy of thIS torrrn!£;;rc~lln/l
with your application.' !£;;IJ r/~/j)
r::=: 5/0; .A)c S-rb 84·
Owners Name: 10M F~rcS'rt ' Phone
Number: ..to (g -:J. 4 q ... 01 a. ~
Land Use Application Number: L (.£ A ... 0 :2,.-0 c. S
Post OffiCe Approval: % \JQro~~ '\
Dale: .
~t;)~ ~ , ....
';r. ~ .~. 'I.'\~
u~~
Q;\WE8\PW\OEVSER\I\Forms\Planning\mailbox.doc
~JUN. 3.2004
.-/ (i ; :~ .'
3:07PM
"';c,ll ~ ~/ ! _···VO _4 __ '""'_
CORE DESIGN INC
",
NO. 336
\-\1'-\\"" I'. '-I. \ ,_v \~ ,
P.3
{~\(,COi, \. (, \ '~.--, K q
. '.
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I .... '~ ... " . .,.;::.::-,
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.. ...,··;'f~A.' (~:,,:!iII" ..... " .-.,.;;,..-"Ip i--···. ~., .... ,
I.. .. i,.~,..~,"'\;
" ". oa;. . -," --""', .. .,..
14711 NE 29,h P/aCtl SUlre 1 01
Bellevue, Woshins,on 98007
425.885,7877 Fox 425.885.7963
ENGINEERING· PLANNING· SURVEYING
Printed: 06-15-2004
Payment Made:
'--.tTY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA04-067
06/15/2004 09:54 AM Receipt Number: R0403200
Total Payment: 1,000.00 Payee: THOMAS C FOSTER & GERALD L
STUMP
Current Payment Made to the Following Items:
Trans Account Code Description Amount
5012 000.345.81.00.0009 Final Plat 1,000.00
Payments made for this receipt
Trans Method Description Amount
Payment Check #1457 1,000.00
Account Balances
Trans Account Code Description Balance Due
3021
5006
5007
5008
5009
5010
5011
5012
5013
5014
5015
5016
5017
5018
5019
5020
5021
5022
5023
5024
5036
5909
5941
5954
5955
5998
303.000.00.345.85
000.345.81.00.0002
000.345.81.00.0003
000.345.81.00.0004
000.345.81.00.0006
000.345.81.00.0007
000.345.81.00.0008
000.345.81.00.0009
000.345.81.00.0010
000.345.81.00.0011
000.345.81.00.0012
000.345.81.00.0013
000.345.81.00.0014
000.345.81.00.0015
000.345.81.00.0016
000.345.81.00.0017
000.345.81.00.0018
000.345.81.00.0019
o
000.345.81.00.0024
000.345.81.00.0005
000.341.60.00.0024
000.341.50.00.0000
604.237.00.00.0000
000.05.519.90.42.1
000.231.70.00.0000
Park Mitigation Fee
Annexation Fees
Appeals/Waivers
Binding Site/Short Plat
Conditional Use Fees
Environmental Review
Prelim/Tentative Plat
Final Plat
PUD
Grading & Filling Fees
Lot Line Adjustment
Mobile Home Parks
Rezone
Routine Vegetation Mgmt
Shoreline Subst Dev
Site Plan Approval
Temp Use or Fence Review
Variance Fees
Conditional Approval Fee
Comprehensive Plan Amend
Booklets/EIS/Copies
Maps (Taxable)
Special Deposits
Postage
Tax
.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
.00
HONEY BROOKE
SHEET :1. OF 5
LUA-04-067-FP
LND-l0-0399
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
PARCEL 1:
PARCEL A AND B OF LOT LINE ADJUSTMENT LUA-03-123-LLA, ACCORDING TO THE LOT LINE ADJUSTMENT THEREOF
RECORDED MARCH 4, 2004 UNDER KING COUNTY RECORDING NO. 20040304900004. EXCEPT ANY PORnON CONVEYED UNDER
RECORDING NO. 20040524000585, 20040524000586 AND 20040524000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO.
775004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO
7904120866.
PARCEL 2:
LOT 3 OF KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979
UNDER KING COUNTY RECORDING NO. 7904120866. EXCEPT ANY PORnON CONVEYED UNDER RECORDING NO.
20040524000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO.
775004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO.
7904120866.
PARCEL 3:
THE EAST 150 FEET OF THE WEST 480 FEET OF THE NORTH 330 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWIEST
QUARTER OF THE SOUTHEAST QUARTER OF SECnON 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY.
WASHINGTON;
TOGETHER WITH ADDInONAL APPURTENANT REAL PROPERTY, WHICH ATTACHED THERETO BY OPERA nON OF LAW AS A
RESULT OF DECREE OF COURT QUIEnNG nTLE IN KING COUNTY SUPERIOR COURT CAUSE NO. 90-2-0038-9 ENTERED
MARCH 19, 1992 AND THE CONTENTS OF SAID DECREE ARE EXPRESSLY INCORPORATED HEREIN BY THIS REFERENCE TO
DESCRIBE SAID ADDmONAL PARCEL.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE SOUnH 30 FEET OF THE NORTH 360
FEET OF THE WIEST 480 FEET OF SAID SUBDIVISION;
EXCEPT THE WIEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR THE ROAD UNDER RECORDING NO. 3042808.
DECLARATION OF COVENANT
n~E OWNER OF THE LAND EMBRACED WITHIN THIS LONG PLAT, IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS
SUBDIVISION, BY SIGNING HEREON COVENANTS AND HEREBY CONVEYS THE BENEFICIAL INTEREST IN THE NEW EASEMENTS
SHOWN ON THIS LONG PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR OF ANY SUBDIVISION THEREOF. THE
COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THIS LONG PLAT.
DEDICATION / CERTIFICATION
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY
PLATTED. HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES
SHOWN HEREON AND THE USE THEREOF FOR ALL PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY
SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING
OF THE STREETS AND AVENUES SHOWN HEREON, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC, ALL THE EASEMENTS
SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO unLinES AND
DRAINAGE.
UPON THE RECORDING OF THIS PLAT TRACT A IS HEREBY GRANTED AND CONVEYED TO THE HONEY BROOKE DIV. III
HOMEOWNERS ASSOCIA nON (HOA) FOR A SENSInVE AREA (WIETLANDS) TRACT. OWNERSHIP AND MAINTENANCE OF SAID
TRACT SHAll. BE THE RESPONSIBILITY OF THE HOA. IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHERWISE FAILS TO
MEET ITS PROPERTY TAX OBLIGAnONS AS EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN
(18) MONTHS, THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN
THE TRACT PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCE RESPONSIBILInES.
KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE THE HEREIN BELOW SIGNED OWNERS IN FEE SIMPLE OF THE LAND
HEREBY SUBDIVIDED, HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNERS' ASSOCI AnON, AS DISCLOSED BY
INSTRUMENT UNDER KING COUNTY RECORDING NO. __________ ' IN ACCORDANCE "',TH WASHINGTON STATE LAW WHICH
IDENnFlES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEO~ERS' ASSOCIATION. SAID ASSOCiATION IS SUBJEC r TO
THE DECLARATlON OF COVENANTS AND RESTRlcnONS FOR THE PLAT OF HONEY BROOK DIV. III. AS DISCLOSED BY
INSTRUMENT UNDER KING COUNTY RECORDING NO. ___________ .
__ ~_7""-
IN WI{ZS ?iZ.:.:~~S AND S~~~ _________________ _
C. THOMAS FOSTER c: ~:-~ _ ~ -. ~
~~LC. ~". ~J~_
il4ARt:G.j"OSTER KELLIE C. MCNETI
STATE OF WASHINGTON )
)SS
COUNTY OF K; "':j )
NAnONAL BANK
ON THIS DAY PERSONALLY APPEARED BEFORE ME c. THOMAS FOSTER, TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNO'M..EDGED THAT HE SIGNED THE SAME AS.-HlS
FREE AND VOlUNTARY ACT AND DEED. 'OR THE USES A PU:""SES THE~ED. _ _ .... .".r-L •. , ~"'" "
DATED: Oa-/7t=I , 2005. -B t) A. "
PRIN NAME: ~ t\Q. . /"'1I..l"+t 0
STATE OF WASHINGTON )
)SS
COUNTY OF K, Aq-)
NOTARY PUBLIC IN AND R THE
STATE OF WASHINGION __ ~ •• ,
RESIDING AT ~ """ ~
MY APPOIN"NENT EXPIRES 17'"L M
ON THIS DAY PERSONALLY APPEARED BEFORE ME MARYL C. FOSTER, TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT SHE SIGNED THE SAME AS HER
FREE AND V'OLUNTARY ACT AND DEED, FOR THE USE OSES IN MENnONED.
DA TED: _o:;....:.;r.'-'/;'-'~~l_. , 2005.
PRINTED : ~~~A L .~J',i':i, -:'~ .~
NOTARY PUBUC IN AND~ THE -"-~!):
STATE OF WASHINGT~ ~~ PuS."; STATE OF WASHINGTON ) RESIDING AT ~ ~ .. '''<' ,1---.. ..:>-:
K 11r.. )SS MY APPOIN"NENT E~79 ~ 't~ ... :~-.?:._r ·<:.c_:
COUNTYOF f",~ ) '\\~0f:\lVr"'\ ..
\" --
ON THIS DAY PERSON ALL Y APPEARED BEFORE ME GERALD L. STUMP, TO ME KNOWN TO BE THE INDIVIDUAL DESCRVJtb IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE SIGHED THE SANE AS HIS
FREE AND VOLUNTARY ACT AND DEED. FOR THE USES AND PURPOSES THEREIN MENnONED.
DA TED: 1ie.J,. Iff , 2005.
STATE OF WASHINGTON )
u )SS
COUNTY OF "'N6r )
v..t..6wIw.~
PRINTED NAME: ~~~~J~~~ ___ -I 1,== NOTARY PUBUC IN AND
STATE OF WASHINGTON
RESIDING AT .=:7::-,::=:d:~~/-.lE'z;--:~~'----•• MY APPOINlWENT EXPIRES --'-L,;;.l~~E...lI~_
ON THIS DAY PERSONALLY APPEARED BEFORE ME KEWE C. MCNETT, TO ME kNOWN TO BE 'tHE INDIVIDUAL DESCRtBEO IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWlEDGED THAT HE SIGNED M SAME AS HIS
fREE AND 'fU.UHTARY ACT AND DEED, FOR THE USES AND PURPOSES 'tHEREIN MENTIONED.
DATED: lib. I r • 2005.
PRINTED NAME: NOTARYPUBLlC-IN~AN~D~~~~~----4-.~::::::==~.
STATE OF WASHINGTON
RESIDING AT . ________ --~~!J.,!--=""_-::-a..__+
MY APPOIN"NENT EXPIRES --f..L.:..~F-=-"'4I~ ....... 1IIIii
ACKNOWLEDGMENTS
STATE OF WASHINGTON )
k'IJG )SS COUNTY OF __ . _. __ 'L-_ )
.J ., J 'T ~~,~ #~A.':? I CERnFY THAT I KNOW OR HAVE SAnSFACTORY EVIDENCE THAT _________ .... ____ '-______ _
IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE/SHE
SIGNED THIS INSTRUMENT; ON OATH STATED THA1:-H~fSHE WAS AUTHORIZED TO EXECUTE THE
INSTRUMENT; AND ACKNOWlEDGED IT AS _____ .-<'_k:. _________ OF WASHINGTOt. r;KS,
INTERNATIONAL BANK, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND
PURPOSES MENnONED IN THE INSTRUMENT.
~ I..,?
DA TED: -.J =Lj=-:...._~...::.~ __ . 2005. . t:r:~'" '''''''''' PRINTED NAME. _________ .L_--'--_______ _
NOTARY PUBLIC IN AND FOR THE
STATE OF WASHINGTON l ~''7
RESIDING A T --------.~-~,,---'J"'---
MY APPOINTMENT EXPIRES _L..!':--L:_~ __ _
CITY
CITY OF RENTON PLANNING I BUILDING I PUBLIC WORKS DEPARTMENT
EXAMINED AND APPROVED THIS __ DAY OF _________________ , 2005.
ADMINISTRA TOR
CITY OF RENTON MAYOR
EXAMINED AND APPROVED THIS ____ DAY OF ________________ • 2005.
MAYOR
CITY OF RENTON
EXAMINED AND APPROVED THIS ____ DAY OF _______________ , 2005.
CITY CLERK
CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS
CERTIFIED TO THE CITY TREASURER FOR COLLECnON ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS,
ALLEYS OR OTHER PUBLIC USES ARE PAID IN FULL.
THIS __ 'L+!:!.. ____ DAY OF _1!1.g.~~ ________________ , 2005.
F1N~~~~~~------------------------------
KING COUNTY FINANCE nMSION CERTIFICATE
I HEREBY CERnFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS
CERnFIED TO THIS OFFICE FOR COLLECnON AND, THAT ALL SPECIAL ASSESSMENTS CERnFIED TO THIS OFFICE FOR
COLLECnON ON ANY OF THE PROPERTY HEREIN CONTAINED. DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBUC
USE ARE PAID IN FULL.
THIS _______ DAY OF , 2005.
MANAGER, FINANCE DIVISION DEPUTY
DEPT. OF .ASSESSMENTS
EXAMINED AND APPROVED THIS __ DAY OF __________ , 2005.
KING COUNTY ASSESSOR DEPUTY ASSESSOR
TAX ACCOUNT NO. ________ . ___________ _
RBCORDING CI5R'I'D1CATE
FILED FOR RECORD AT THE REQUEST OF CITY OF RENTON THIS DAY OF ______ ~, 2005, AT
__ MINUTES PAST .M. AND RECORDED IN VOlUME __ OF PLATS, PAGES RECORDS OF
KING COUNTY, WASHINGTON.
PIYlSION ON RECORDS AND f! ECTIONS
MANAGER
SUPERINTENDENT OF RECORDS
SURvEYOR'S CD'tD'ICATE
I, SnEPHEN J. SCHREI, HEREBY CERnFY THAT THIS PLAT OF HONEY BROOKE.
DlV. III, IS BASED ON AN ACTUAL SURVEY IN SECTION 10, TOWNSHIP 23
NORTH, RANGE 5 EAST, •. M., K/III\; CCXJHTY WASHIHGT~; THA T THE
COURSES AND DISTANCES ARE SHOWN CORRECnLY HEREON, THAT THE
MONUMENTS WILL BE SET AND THE LOT CORNERS STAKED CORRECn. Y ON
THE GROUND; AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF
THE PLA TTl REGULA nONS.
SnEPHEN J. SCHREI
PROfESSIONAL LAND SURVEYOR
UCENSE NO. 37555
STAlE OF WA~GTON
eoRE
\: ~DESIGN
14711 N£ 29th PI. SuIIe J01
lellevue, WculllngtDn 98007
425.885.7877 Fax 425.1185.7963
ENGINEERING· PLANNING· SURVEYING
.JOB NO. 02009
SHEET 2 OF 5
HONEY BROOKE LUA-04-067-FP
LND-IO-0399
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
EASEKENT NOTES CITY OF RENTON, KING COUNTY, WASHINGTON
THE EASEMENTS DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE UMITED PURPOSES USTED BELOW AND ARE
HEREBY CONVEYED FOLLOWING THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE RESERVATlONS LISTED
BELOW.
THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS SHOWN HEREON TO REPAIR ANY
DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE
DRAINAGE FACILITlES. THESE REPAIRS SHALL BE AT THE OWNER'S COST.
1. AN EASEMENT IS HEREBY RESERVED, GRANTED AND CONVEYED TO THE CITY OF RENTON, PUGET SOUND ENERGY, QWEST
COMMUNICATlONS, COM CAST, KING COUNTY WATER DISTRICT NO. 90 AND THEIR RESPECTlVE SUCCESSORS AND ASSIGNS, UNDER
AND UPON THE EXTERIOR 10 FEET OF ALL LOTS AND TRACTS, PARALLEL WITH AND ADJOINING EXISTlNG OR PROPOSED ACCESS
RIGHT-OF-WAY IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTlON SYSTEMS
WITH NECESSARY FACILITIES, SIDEWALKS AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION, AND OTHER
PROPERTY, WITH UTlLlTY SERVICES AND SIDEWALKS, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR
THE PURPOSES HEREIN TOGETHER STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR
TELEPHONE USE, CABLE. TELEVISION, FIRE OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT
UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING.
2. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 4 IS TO THE BENEFIT OF LOT 3, THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT.
3. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 6 IS TO THE BENEFIT OF LOT 5, THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITlES WITHIN SAID EASEMENT.
4. THE 20'X30' PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 7 IS TO THE BENEFIT OF LOT 8, THE OWNERS OF SAID BENEFITED
LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITlES WITHIN SAID EASEMENT.
5. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 7 AND TRACT A IS TO THE BENEFIT OF THE HONEY BROOKE
DIVISION III HOMEOWNERS ASSOCIATION, SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE
DRAINAGE FACILITIES WITHIN SAID EASEMENT.
6. THE PRIVATE ACCESS AND DRAINAGE EASEMENT SHOWN ON LOTS 7, 8, 9, la, 11, 12, 13, 14, 15 AND 16 IS TO THE BENEFIT
OF THE HONEY BROOKE DIVISION III HOMEOWNERS ASSOCIATION, SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE
MAINTENANCE OF THE PRIVATE ACCESS AND DRAINAGE FACILITlES WITHIN SAID EASEMENT.
7. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 9 AND 10 IS TO THE BENEFIT OF LOTS 10 AND 11, THE
OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTlES WITHiN
SAID EASEMENT.
8. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 13 IS TO THE BENEFIT OF LOT 14, THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT.
9. TlHE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 15 IS TO THE BENEFIT OF LOT 16, THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT.
10. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 17 IS TO THE BENEFIT OF LOT 18, THE OYtNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT.
11. THE 26.00 FOOT PRIVATE ACCESS, DRAINAGE AND UTlLlTY EASEMENT SHOWN ON LOTS 19, 20, 21 AND 22 IS TO THE
BENEFIT OF LOTS 19, 20, 21 AND 22, THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE
OF THEIR RESPECTIVE PRIVATE DRAINAGE AND UTlLlTY FACILITIES WITHIN SAID EASEMENT AND SHALL SHARE EQUALLY THE
MAINTENANCE RESPONSIBILITIES OF THE PRIVATE ACCESS FACILITIES WITHIN SAID EASEMENT.
12, TlHE 26'X25' EMERGENCY TURN-AROUND EASEMENT SHOYtN ON LOTS 19 AND 22 IS HEREBY RESERVED FOR AND GRANTED
TO THE CITY OF RENTON FOR EMERGENCY VEHICLE TURN AROUND PURPOSES.
13. THE 12'X10' PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 19 IS TO THE BENEFIT OF LOT 20, 21 AND 22 TlHE O'MIIERS OF
SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR TlHE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE AND UTlLlTY
FACILITIES Ve1THIN SAID EASEMENT.
14. TlHE 10.00 FOOT PRIVATE SANITARY SEWER EASEMENT SHOWN ON LOTS 18 AND 19 IS TO THE BENEFIT OF LOTS 17 AND 20,
THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE SANITARY SEWER
FAaUTIES Ve1THIN SAID EASEMENT.
RESTRICTIONS
1. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN ASSIGNMENT OF LEASES AND/OR RENTS AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NO. 20020920002131.
2. THIS SITE IS SUB.£CT TO THE TERMS AND CONDITIONS OF AN ASSIGNMENT OF LEASES AND/OR RENTS AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NO. 20031030000647.
3. THIS SITE IS SUB.£CT TO TlHE TERMS AND PROVISIONS OF AN EASEMENT FOR ROADWAY AND UTlLlTIES AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NO. 5005653, 5246438 AND 5989934.
4. THIS SITE IS SUB.£CT TO THE COVENANTS, CONDITIONS, RESTRICllONS AND/OR EASEt.iENTS AS DISCLOSED BY INSTRUt.iENT
RECORDED UNDER RECORDING NO. 8304010791.
5. THIS SITE IS SUB.£CT TO THE TERt.iS AND CONDITIONS OF A TEMPORARY WATER SERVICE AGREEMENT BETWEEN ROBERT t.i.
AND RUTlH PIELE AND KING COUNTY WATER DISTRICT 90 AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO.
8306141032.
6. TlHIS SITE IS SUB.£CT TO THE TERMS AND CONDITIONS OF A ROAD MAINTENANCE A.GREEMENT AS DISCLOSED BY INSTRUMENT
RECORDED UNDER RECORDING NO. 8607010506.
7. THIS SITE IS SUB.£CT TO THE CONDIllONS, NOTlES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE
FACE OF THE SURVEY RECORDED UNDER RECORDING NO. 8805029004.
8. THIS SITE IS SUB.ECT TO THE CONDIllONS, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE
FACE OF lllE SURVEY RECORDED UNDER RECORDING NO. 9207069006.
9. llllS SITE IS SUB.ECT TO THE TERMS AND PROVISIONS CONTAINED IN AN EASEMENT TO KING COUNTY WATER DISTRICT 90
FOR WATER WAINS AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 9504240513.
10. THIS SITE IS SUB.ECT TO THE TERMS AND PROVISIONS CONTAINED IN CITY OF RENTON ORDINANCE NO. 4612 AS Dl5a..OSED
BY INSTRUMENT RECORDED UNDER RECORDING NO. 8606210966.
11. THIS SITE IS SUB.ECT TO THE TERMS AND PROVISIONS CONTAINED IN AN EASEMENT TO KING COUNTY WATER DISTRICT 90
FOR WATER WAINS AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 20000105000508 AND 20000105000509.
12. THIS SITE IS SUB.ECT TO THE TERMS AND PROVISIONS CONTAINED IN CITY OF RENTON ORDINANCE NO. 492 ... AS Dl5a..OSED
BY INSTRUMENT RECORDED UNDER RECORDING NO.2oo20104002323.
13. THE LOCA.llON OF THE SINGLE-FAMILY RESIDENCE'S GARAGES FOR LOTS 19 lHROUGH 22 SHALL BE DESIGNED WITH AN
ADEQUATE TVRNING AREA TO PROVIDE DIRECT ACCESS TO THE PRIVATE STREET.
4
5
9
RENTON
10
15
'ACINITY MAP
,. -4OOO':t
S.E. 120m ST.
N8S'20'Gl"W
N8S'2C"04"W 2649.19 (KCAS) 2649.66 MEAS
I 1324.83
W/PUNCH DOWN D.2·~j
CAS:: CITY OF REtJTOt;
CO~ITROL P~. NO. 1849
FOUr,G 2' 8r;:;.,SS uISr,-
W/COPPEF ~'It: ~K
PUNC~ [JOW'i 1 55 I"
CASE CiTY OF F~L"T·::-'i,
CONTROL p~ 'jC 2' 01
W
WN
_L{) (X)
000
;-L{)
Ow o ZI
1323. OS
661.54
.LJ
".) In
C') r< -0 n
0
Z
N88'20'53"W ~--~~~~ __ ~~~~~~~~w I 661.10 N88'20'S,3'W 661.1 C N 1_
1-:::' I CLi FOUND 3" (X) W N 0
BRASS WITH l:ri ~ :ri iC'1 ~
N8S·20'3Tv.
1323.08
w' ~: r--. ;
;;:;1 -,
SURF ACE L{) -,
DISK ILD g ~ ~I r FOU~D 3" BRASS
W /PUNCH Z LD, 1 / SURF ACE CISK WITH
0.8 I ;1 PUNCH CITY OF
J1S __ R606-=--~ 660.67 I 13213,) 10 11 RENTON CONTROL
1 51, N 88 '21' 09~" W~";:;2?"6 4";":2';"'". 6:::::6~M7::E:-::A~. -.:..::::.:~\...::. :.:.::.-.-------~ PT. r; O. 1 C 52
N86'OO'23"W\ " 2642.56 (KCAS) \ 1~) 14
18.81 MEA '-FOUND 2 1/2 BRASS N.E. -4m ST. \
SURFACE DISK W/PUNCH "'-
RENTON CONTROL MON
NO. 1851
NSS'22'10"W 2623.87 (MeA:,1
N8S'22'i 7"W (REWON) .
SECTTON SUBDIVISION
SE l/tl SEt:: If), TIP. 2M IKE. 5£. II.M.
N. r.s.
BASIS OF BEARINGS:
N88"21'09"W BETWEEN FOUND MONUMENTS AT S.E. CORNER AND S. 1/4 CORNER OF SEC. 10, TWP.
23 N., RGE. 5 E., W.M. PER KING COUNTY AERIAL SURvt:Y SECTION SUBDIVISION.
CITY OF RENTON RBFBRENCE MONUIIINTS:
NO. 1851 -3W DOMED BRASS SURF ACE DISC W/PUNCH MARK AT THE CONSTRUCTED
INTERSECTION OF N.E. 4TH ST. (S.E. 128TlH ST.) AND 140TH AVE. S.E.
NO. 1852 -3" FLAT BRASS SURFACE DISC AT TlHE CONSTRUCTED INTERSECllON OF N.E. 4TH ST.
(S.E. 126TH ST.) AND 146TlH AVE. S.E.
SURVEYOR'S NODS
1. AlL 11ll...E INFORMAllON SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN
llTlE INSURANCE COMPANY SUBDIVISION GUARANTEE FOURTH REPORT ORDER NO. 4209-312390,
DATED MAY 21, 2004 AND SUPPLEMENTAl REPORT NO.1 THERETO DATED JULY 13, 2004. IN
PREPARING THIS MAP, CORE DESIGN HAS CONDUCTED NO INDEPENDENT llll...E SEARCH NOR IS
CORE DESIGN AWARE OF ANY llTLE ISSUES AFFECllNG THE SURvt:YED PROPERTY OTHER THAN
THOSE SHOWN ON THE MAP AND DISCLOSED BY THE REFERENCED SUBDIVISION GUARANTEE. CORE
DESIGN HAS REUED WHOLLY ON FIRST AtotERICAN llTlE COMPANy'S REPRESENTAllON OF THE
TITlE'S CONDIllON TO PREPARE TlHIS SURvt:Y AND THEREFORE CORE DESIGN QUALIFIES THE MAP'S
ACCURACY AND COMPLE~SS TO THAT EXlENT.
2) THIS IS A FIELD TRA~SE SURvt:Y. A UErz SET4C FIVE SECOND COMBINED ELECTRONIC
TOTAL STAllON WAS USED TO MEASURE TlHE ANGULAR AND DISTANCE RELAllONSHIPS BET'WEEN
THE CONTROWNG WONUMENT A l10N AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR
EXCEEDED tHOSE SPECIFIED IN WAC 332-130-090. DISTANCE MEASURING EQUIPMENT HAS BEEN
COMPARED TO AN N.G.S. BASEUNE WItHIN ONE YEAR OF THE DATE OF THIS SURVEY.
3) ALL DISTANCES ARE IN FEET.
4) ALL WONUMENTS SHOWN AS FOUND WERE FIELD \ltSiTlED IN OCTOBER, 2001, EXCEPT AS NOTED.
5) AREA OF ENTIRE SITE; 112,411% S.F. (4.4171% AC.)
6) AREA OF DEDICATED RIGHT OF WAY: 56.129:t S.F. (1.2885:t AC.)
2
14
r4711 H.E. Z9rh PL ..... 10J
...,.., WClllWlSJton 98007
425.185.7877 faJC .425, 885.7963
f H G , N E f It I N G • P LAN N IN G· SUit V E YIN G
..JOB NO. 02009
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SHEET 3 OF 5
HONEY BROOKE LUA-04--067-FP
LND-l0-0399
I
I
j
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
UNPLATTED
3c' INGRESS, EGRESS,
UDlTY EASEMENTS -REC.
NOS. 5005653, 5246438.
5989934 & 7904120866
160.05
a n
t-'} __ _
SEE SHEET 5 FOR CONTINUATION
:::. LINE: W 330' NE 1/4, SV\ ~ /4,
SE1/4, SEC. 10-23-05
I 0' WATER EASEMENTS REe. NOS
95042405: 3, 20000105000508,
& 2000010500050~
S. LINE N. 330' NE 1/4, SWI/4. SE 1/4,
SEC. 10-23-05
N88'20'37"W 170.06
18
14' 16'
- - - - --N---- - - - -
.-----il~----~ ---184.06---------------N88'20'45"W ----T------!~ ffi -----
NE 5TH PLACE . 48.02 T ~~ __ --.t 0J N ~,
N ---------------N L
----
w
UNPLATTED (()
If)
'(::) ,.-,
~ 0 . 0 0 0'> 0
Z
12104 -----------?----, -----
65.66 '\:> 1 ---------
nN
0 0
c:i 0
0'> <.D
-------~'~';"<:o"J 0:00 i
."J'" '0'
2
5276± SF
(ill)
N88'20' 4S"W
coCO l' "J \ tf 'v !
I If)
l:ri !n
UJI Zl
UJ :::>
%,
21'
SCALE: 1" 40' 9003 i
~: <II(
o 20 ~o 80
! 1_1----11
LEGEND
Q1 SET STANDARD CITY OF RENTON
CONCRETE MONUMENT IN CASE AS
SHOWN UNLESS NOTED OTHERWISE.
~ FOUND STANDARD CITY OF RENTON
CONCRETE MONUMENT IN CASE AS
NOTED
• sn 1/2" X 2~" REBAR W/YELLOW
PLASTIC CAP STAMPED "CORE 37555"
0 FOUND 1/2" REBAR W/YE11.0W PLASTIC
CAP STAMPED ·CORE 3O~27· UNLESS
NOTED OTHERWISE.
SET TACt< IN LEAD W/SHINER "37555"
ON PROPERTY LINE EXTENDED 4,75 FEET
'IN LEU 'OF FRONT LOT CORNERS UNLESS
NOTED OTHERWISE.
(ill) CITY OF RENTON STREET ADDRESS
10.00
FOUND 3" BRASS
0 -t
L{) n
w
I~ If)
I
(:,
0
0
\
N <Xl
a:i '<t CD
UJ z
UJ
;:)
~ <II(
2
<II(
5 0 0
::J:
30'
PARCEL C
CITY OF RENTON
LOT LINE ADJUSTMENT
LUA-03-123-LLA
REC. NO. 20040304900004
N88'20'S3"W 210.07
N88'20'S3"W(C) 372.66
149.65 (P) 149.59 (c)
[_SURFACE DISK W/PUNCHo~ 1 N.E, 41H ST,
10 _ - _ _ 660.67_' J N88'21'09"W 2642.56 (KCAS)
w • <0
If)
'(::) --o 57.02
10' SIDEWALK & -
UTILITY EASEMENT II 3 SEE NOTE 1, SHT. 2 8
4562± SF I ~
.3 00 @)
N88'20'4S"W
9.3.03
10' PRIVA IE DRAINAGE·-
EASEMENT TO LOT 3
SEE NOTE 2. SHT. 2
4 4652± S.F.
@D
N88'20' 4S"W
93.0.3
5
4640± S.F.
I N
1 0
I~
I I
I
o o ~ ~
w
~I
o o z
e§) I (J)
in t
6=12'56'34" 0> _ L{)-t:~~::;::::-_-:9::1~0:.:2:-__ ...:L::..=...:1+7~.8~S~4.80 8 I ~ ,::::
N88'2(l'45"W 102.03 Oft""! ~
w • ~--I') o· rOl gCO
z
LF=13'24'18" 2 Cc,
L=18.48 /('I.~C\i 10' PRIVATE DRAINAGE -r7 Q-~. Jl;
EASEMENT TO LOT 5 "I-~ ;>J' /,.f!'V
SEE NOTE 3, SHT. 2 ;;;...."1-
6 ~.~
II IrJ
6169± S.F. ~ Ii
~ (6'0, /) ~ '\1:':>,9,
------_ lSO,? >J .,? ~ c:;
60.28 .:> '],~:r o 0 Z 0 .n N88"20'SJ"W ~ 21'
161.93
NBB"20'53"W
180.88 (P) 180.96 (C)
HE 5TH STREET
WlNDSONG DIVISION 2
VOL. 199, PGS. 32-35
REC. NO. 2001~12001318
451.03
N03'33'07"W
6,82
\
\
21.09
661.10 - -
S. LINE NEI/4, SWI/4, SE1/4, SEC. 10-23-05
TRACT A
, t --N88'21 '09"W 2642.66 (MEAS.) (BASIS OF BEARINGS)
15 '---N86'OO'23"W r--~~---------------~----_______ =-==-=--====--=:........:::=-=::Jt-;:::::= -~10 11
18.81 (""EAS) \ r==--:=--=--======4T===--~---~~~
FOUND 3" BRASS
SURFACE DISK W/pUNCH
CITY OF RENTON
CONTROL PT. NO. 1852
FOUND 2 1/2" BRASS N88'22'10"W (CALC) 2623.87 (MEAS)
SURFACE DISK W/PUNCH N88'22'17"W (RENTON)
RENTON CONTROL MON.
NO. 1851
... 15 14
'''"' , H.E. 291ft I'f. .... J 0 1
..... , W ..... .,., 98007
42S.II#J5.7877 FaIc 425.111J5.7963
~_~#""" DESIGN
PLANNING· SURVEYING
JOB NO.0200sa
\ j
N'
SCALE: 1 " 40'
o 20 40 80 ... ' .'-'-_.'
LEGEND
SET STANDARD CITY OF RENTON
CONCRETE ~ONU~ENT IN CASE AS
SHOWN UNLESS NOTED OTHERWISE.
EB FOUND STANDARD CITY OF RENTON
CONCRETE ~ONU~ENT IN CASE AS
NOTED
• SET 1/2" X 24" REBAR W/YELLOW
PLASTIC CAP STA~PED "CORE 37555"
o FOUND l/Z" REBAR W/YELLOW PLASTIC
CAP STAMPED "CORE 30427" UNLESS
NOTED OTHERWISE.
SET TACK IN LEAD W/SHINER ·37555~
ON PROPERTY UNE EXTENDED 4.75 FEET
IN UEU OF FRONT LOT CORNERS UNLESS
NOTED OTHERWISE.
@) aTY OF RENTON STREET ADDRESS
HONEY BROOKE
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
SEE SHEET 5 FOR CONTINUATION
I 1(;' WATER EASEMENTS REe. NOS ~
9504240513, 20C00105000508, :
& 20000105000509 . 18 17 W : 16'
UNPLATTED
/~S. LINE N 330' NE 1/4, SW1/4, SE 1/4.
SEC. 10-73-05 / ~~ ______ ~ ____________ ~ 0
--_J_".--__ . ~ ~ N88'20'37"W 181.16 ____ :: __ ~ ~ -------N-~"'--""'----:'';';':;;;''-:';:;'';~~-~~~ _____ .....,jL_~.--
----~ 48.02 ---~ -------NSS'20'45' W-----30320-----____ _
z o -Eo-< ~
N --------
.30' INGRESS, EGRESS, -JIr--i
UnLiTY EASEMENTS -REC.
NOS. 5005653, 5246438,
5989934 & 7904120856
2
3
Z-----~ -~ Z o u
p::; o ~
4
~ ------------~
~ rz:l
rz:l II:: rn
rz:l
rz:l
5
rn ------______ ~
6
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LaJ Z
LaJ :> ~I -<
0 (,)
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N
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0
0 z
_ _ _ _ _ _ 'N 25518 ~-I i
~~i-~~~ 8093 1~~w~~~1 "19-~~~~;~4 -I-
(J)
(J)
21' . ,9/ /,9" 'co 16 6267± S.F. c6') ,)'0\ I
II 11 I .~ ~CD' I ~ ,,<0 --.f I 21' 1 14'
r--6252± S.F. 0 :i I ~ I ~ I 10' SIDEWALK & ---l '¢ I
n ~ UTIliTY EASEMENT I ~
SEE NOTE 1, SHT. 2 n
NSS'20'45"W
106.58
I--1 0' SIDEWALK &
8 I UTILITY EASEMENT
ci I SEE NOnE 1, SHl 2
L[) I 10 5329± S.F.
I (ili)
N88'20' 45"W
106.58
10' PRIVATE DRAINAGE
N EASEMENT TO LOTS 10, 11,
r--27'
0 SEE NOTE 2, SHl 2 l ci 5329± S.F. <D 9 (ill)
I
w
to
L[)
a
0 0 z
w
<D tn
a
0 0 z
NS8'20'45"W I 675 I
106.54
10' PRIVATE DRAINAGE
EASEMENT TO LOT 16, N N SEE NOTE 9, SHl 2 a a ci ci
L{) 15 5326± SF l{)
@)
N8S'20' 45"W 6.75
27'1 10650 14 I
5324± S.F. ~ I ~
1"'-54' PRIVATE ACCESS & I 8 I -<
DRAINAGE EASEMENT, I ~ I' 0
SEE NOTE 6, SHl 2 I :;:j 0
N a
a l{)
~~r---~--~~~~~~ ______ ~ ______ ~~N~88~'~20~'~45~'~'W~ ______ I~~675 n ~
8 106.58 III::
0> / 106.47 I w
N88'20'45"W
~ I 5338± S.F. ~ I @) 20'X30 PRIVAnE
DRAINAGE EASBAENT
A_ 6S'55' ~6" TO LOT 8 c I
W
lD
til '" '0 a o o LO a
10' PRIVATE DRAINAGE
EASEMENT TO LOT 14,
SEE NOTE 8, SHT. 2
'S3~3-:!: s.-
'" 0
ci L{)
n
o o z
u--SEo. ~('T" ,( 9'-1'0 CEI) o ';"j.~ o /II."} 5.1 N88'20' 45 "w L=18.86
N88'20'45"W 6.75
106.44 '0
gl'~~~ ~~t-------~~~~~Tt-+----+------1.-~~~~~==~-i~~ ~ 'ill' <0 ~ I 108.04
II If. ;;-~ ."} I .w Q:: :J' II "<l-
I f\,( q 0J f!? 10' PRIVA nE "'L{) ,~ I..f! • ~ ::: /!? DRAINAGE EASEt.iENT, ,'0 CD_
21'
21.09
/h 1/ SEE NOnE 5, SHT. 2 , b ~
I~ 7 0
• ,\1~ z .2a:f 735B± S.F. '''J<6t.---_____ .l6
.6:5 @) ~1'5;1.--\..4
o "<I-::----\,::; J!J.___.---'1-TRACT A SEE DEDICATION, I .---\; 3785± SF SHT. 1 .---.---
----WETLAND 123.63
N88'20'S3"W
S LINE NE 1/4, SW1/4, SE1/4, SEC. 10-23-05
LINE
L1
L2
L3
L4
L5 'TRACT A
L6
L7
L8
BEARING DISTANCE
N41'21'57"E 19.48
N53'49'12"[ 11.58
N64'05'38"[ 16.83
N70"50'28"E 10.98
N1"18'32"E 46.15
N69"54'07"W 15.47
N33"30'43"W 21.87
Nl0"32'39"W 22.15
HONEY BROOKE
VOl, 207, PC'S. 86-159
REC. NO. 20020731003106
N
----
PRIVATE ACCESS &
DRAINAGE EASEMENT,
SEE NOnE 6, SHT. 2 0 r<)
12 ..f CD
7941± S.F,
e§)
21' 14'
75.57 21.01 14.00
2
W
N
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SHEET 4 OF 5
LUA-04--067-FP
LND-IO-0399
HONEY BROOKE DtV. II
VOl. 216, PG'S. 43-45
10
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I. 'I ,~ WIIiIM .... , "MJo7
42~ fU4H8I5~
ENGINEEIING • PLANNING· SUItVEYING
JOB NO. 02000
~
--~
-1
HONEY BROOKE
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
FOUND 5/8" REBAR WIT~ YELLO~ \
PLASTIC CAP STAMPED LS 6484 \
___ c._2'E X 0.3'S. OF CORNER _\~~rOo~~~~:"'::~==TI6'O;=:===:--=-r_~Nr:-LlNE PEP S,C.C. NO. 90-2-0038_-_9 __ N89·17'46"W 150.01
UNPLATTED
SHEET 5 OF 5
LUA-04--067-FP
LND-10-0399
--14.00 0 136.01-___ o+L+---lo.. __
t~ ..... _;-I_N_E_N_~_~_17_'_~6:...~-4W'"EE_T ______ ~:~ \~ .... ~-N LINE NE 1/4'~Wl/4' SE1/4, SEC ~O-~-05
6000 60.00 \
I "--FOUND 5/8" REBAR WITH
14 16' I YELLOW PLASTiC CAP STAMPED
I 22 "LS 6484" 0.1' E. OF CORNER 6109± S,F.
UNPLATTED
: 0~V w
;;::, C.o ~ I 26' PRIVATE l ~;:;
o I ACCESS, ,--0
I DRAINAGE & I' g ~
UTILITY Z
: ~~~E~6~~ 11, II
21
6168± S.F.
~20§)
I SHT. 2 ,
r--I HEI5TH C~ ~ I
175 I N8S·20'4S"W j N8S.20'4S"W
12'XlO' PRIVATE ---------I L 16002 . Dd 6002 DRAINAGE EASEMENT ------r--j IPRIVATE DR. ~ 1--20'-.
TO LOTS 20, 21 & 22, 0, ~[: \ -Tf r-
SEE NOTE 13, ~ I l
SHT. 2 ("oj LaJ N 26'X2~. ~ Z ~ I EMERGENCY ~
LaJ ~ I TURNAROUND
(.) n EASEMFN T, W :s W 8 I SEE NOTE 12, C.o n ~ '<0 n I SHT. 2 ~ ~
W O.~ GJ 0 I 6182± S.F, b 0
= ~,--N I 19 @~ ~ ~ ~gn
'0 = Z [~10' PRIVATE SANITARY b I SEWER EASEMENT TO
o I I LOT 18, SEE NOTE 14, z ~T. 2 I
I. 75 f--~-N88·20' 4S"W---
20
6182± S.F.
~~V
N8S·20' 45"W
I') o
,ztn o -I wn
ZN
-1 00 ro-
m ~ u
o :i bj L()
to to
I') o nW Ow
11)
'0
o o z
w . z~ :J'----
.w WIJJ
T~---600:-':_. --i---
-f-10' SIDEWALK & I UTILITY EASEMENT
I'-I SEE NOTE 1, SHT. 2
«) ~·LD LD I "-0 I'-
-I I ~ ;:-J I 5876± S.F.
-I ~ g~ I ~
""u I I"
18
W
«) n ~o o ' ,--g o ~ o
Z
6G.v::,
17
6002± S.F.
~~V
SEC. 10-23-05 §.z .<'b'b'J)? SEE NOTE 10, SHT. 2
n o
c:i o
UNPLATTED
UNPLATTED
10' WATER EASEMENTS REe. NOS,-
9504240513. 20000105000508,
& 20000105000509
([) o
I n N
I o
u w IJl
w
IJl
w Z
w
I §
r s. LINE N. 330' NE 1/4, SW1/4. SE 1/4, ~ ~ 14' 16' \ .":J'~ r ~~S:=~~ATTETg~~I~~~~
L..i ~ -f',.. t$'...j"3 ......... ---- - - _ _ _ _ _ _ _ is. LINE N. 330' NE 1/4, SW1/4, SE 1/4, I ~~Q 35,65 60,02 SEC. 10-23-05
, ;7; N88"20'37
N
W 170.06 _____ oJ __ _ _~_~ N88'20'37"W 181.16 I ~
I ~--___ --= __ -184.06-____________ f-____ -N-=--=--=-- - ----N I'-~--"---~';';';~';"':;';"'~-~';':':~---__ J.._......,j~_
... (3 N88"20'45"W -48.02 - - --~ -------N8B·20'45"W--- --303.20-- - - - -__ , __ _ -"J N _ ~~ _ HE 5lH PlACE ~ _ 255.18 _ -I
N -----__ r-"" _____ ~ N N or--Z __________ _
30' INGRESS, EGRES~ ~ ,,-+---------=~r==-==-==-==-==-==-=:..:::..:::..::~:...::: - - ----LaJ z
(0
10
o r o o z
UTIUTY EASEt.f£NTS -REC, i
NOS. 5005653, 5246438, C
5989934 &: 7904120866 21·'8 21'
. I ! 2 1
SEE SHEET 3 FOR CONTINUATION
SCALE: ,. = 40'
LEGEND •
••
o
lET STAHDMD CTY OF tENTON
~ IitONUIIENT .. CASE AS
...,. UNLESS NOTED OlMERWlSE.
RlUND STANDARD CTY OF tBlTON
CONCRE1E MOttElIT." CASE AS .,111>. . '-
-lET f h." )(~ ...... 1\8 JII/YfllOW
. PLAS1tC' eM ''',£6" "CQRE 37555" . ... .
• • -:" ....... ~. '..-.. .. to ••
f'OUIC) Itr ~ W/'wELLOW PLAsnc
eN' STMIPED -CORE .1042" UNLESS
tI01ED O~SE.
lET TAO(" LEAD w~ "37555"
.. HCCJfi£RTY UMt ~ 4.15 fEET
.. LIEU OfF AtONT LOT CORIO'S UNLESS
II01U> OlWEllt.SE.
11 16 21' 14'
SEE SHEET .( FOR CONTINUATION
~ ..... _.""".~ DESIGN
'471' HE. 29fIt ....... 101
.... , WCiIIM".1l NOO7
42S.IJIJ5.7177 FaJc.42SM5.7963
ENGINEERING· PLANNING· SUIVEYING
..JOB NO. 02008
----
< c hoo I Ois-i"ric.l-403
~[.h 0 01 Distrid 403
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•
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@
HONEYBROOIZ~~ III
84
100
100
RENTON, UJASI-4INGTON
CORE DE51GN INC., ENGINEERING • PLANNING: • 5URVEYING
CORE NO. 0200'3 June II, 2004
.'
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p
TRACT 100
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0.62.l\c.
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SHEET :1. OF 5
LUA-04-067-Ji'P
LND-l0-0399
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
PARCEL 1:
PARCEL A AND B OF LOT LINE ADJUSTMENT LUA-0.3-12.3-LLA, ACCORDING TO THE LOT LINE ADJUSTMENT THEREOf
RECORDED MARCH 4, 2004 UNDER KING COUNTY RECORDING NO. 20040.30490000 .... EXCEPT ANY PORTION CONVEYED UNDER
RECORDING NO. 20040524000585, 20040524000586 AND 2004052 ... 000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO.
77600"', ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO.
7904120866.
PARCEL 2:
L.OT 3 OF" I<IIIIG COUNTY SHORT PLAT 1110. 7760004. ACCORDING TO THE SHORT PLAT THEREOF "'ECORDED APRIL 12, 1979
UNDER KING COUNTY RECORDING NO. 7904120866. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO.
20040524000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO.
776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO.
7904120866.
PARCEL 3:
THE EAST 150 FEET OF THE WEST 480 FEET OF THE NORTH 330 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY,
WASHINGTON;
TOGETHER WITH ADDITIONAL APPURTENANT REAL PROPERTY, WHICH ATIACHED THERETO BY OPERATION OF LAW AS A
RESULT OF DECREE OF COURT QUIETING TITLE IN KING COUNTY SUPERIOR COURT CAUSE NO. 90-2-0038-9 ENTERED
MARCH 19, 1992 AND THE CONTENTS OF SAID DECREE ARE EXPRESSLY INCORPORATED HEREIN BY THIS REFERENCE TO
DESCRIBE SAID ADDITlONAL PARCEL.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE NORTH 360
FEET OF THE WEST 480 FEET OF SAID SUBDIVISION;
EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR THE ROAD UNDER RECORDING NO. 3042808.
DECLARATION OF COVENANT
THE OWNER OF THE LAND EMBRACED WlTrllN THIS LONG PLAT, IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS
SUBDIVISION, BY SIGNING HEREON COVENANTS AND HEREBY CONVEYS THE BENEFICIAL INTEREST IN THE NEW EASEMENTS
SHOWN ON THIS LONG PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR OF ANY SUBDIVISION THEREOF. THE
COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THIS LONG PLAT.
DEDICATION / CERTIFICATION
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY
PLA TTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND A VENUES
SHOWN HEREON AND THE USE THEREOF FOR ALL PUBLIc HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY
SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING
OF THE STREETS AND AVENUES SHOWN HEREON, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC, ALL THE EASEMENTS
SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO UnliTiES AND
DRAINAGE.
UPON THE RECORDING OF THIS PLAT TRACT A IS HEREBY GRANTED AND CONVEYED TO THE HONEY BROOKE DIV. III
HOMEOWNERS ASSOCIA nON (HOA) FOR A SENSInVE AREA (WETLANDS) TRACT OWNERSHIP AND MAIN TENANCE OF SAID
TRACT SHALL BE THE RESPONSIBILITY OF THE HOA. IN THE EVENT THAT THE HOA IS DISSOLVED OR OTHERWISE FAILS TO
MEET ITS PROPERTY TAX OBLIGATIONS AS EVIDENCED 8Y NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHTEEN
(18) MONTHS, THEN EACH LOT IN THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN
THE TRACT PREVIOUSLY OWNED BY THE HOA AND HAVE THE ATTENDANT FINANCIAL AND MAINTENANCE RESPONSIBILITIES.
KNOW ALL PEOPLE BY THESE PRESENTS. THAT WE THE HEREIN BELOW SIGNED OWNERS IN FEE SIMPLE OF THE LAND
HEREBY SUBDIVIDED, HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNERS' ASSOCIATION, AS DISCLOSED 8Y
INSTRUMENT UNDER KING COUNTY RECORDING NO. _____________ ' iN ACCORDANCE WITH WASHINGTON STATE LAW WHICH
IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNERS' ASSOCIATION. SAID ASSOCIATION IS SUBJECT TO
THE JECLARA nON OF COvENANTS AND RESTRICTIONS FOR THE PLAT OF HONEY BROOK DIV. III, .AS DISCLOSED BY
INSTRUMENT UNDER KING COUNTY RECORDING NO. c::;:,&_~5~~j~<fC~
---~--..::....==-~:=------~----~---c. THOMAS FOSTER
NASHINGTON FIRST INTERNATIONAL BANK
3 Y: ;' \I.{ '. • ... ~.,y •
TS: -. 'r' .
ACKNOWLEDGMENTS
ST A TE OF WASHINGTON )
)SS
COUNTY OF _t.~' .... ____ )
_ _ _ r
~.\ -I ~ ---;::'1 .,,·_1 ,·1" ~~ -'('> ( __________ ---1 _ fA. of -.... ----
GERA;! L. g"fU~ ". -kLItif;2h&1~M----KELLIE C. MCNETT
ON THIS DAY PERSONALLY APPEARED BEFORE ME C. THOMAS FOSTER, TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN
AND 'NHO EXECUTED THE 'MT~IN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE SIGNED THE SAME AS HIS
FREE AND VOLUNTARY ACT AND DEED, FOR THE USES ANQ. PURPOSES THEREIN ME~TI?NED.
.. • 4' DA TED: ________ -'-____ , 2005.
ST .; IT OF WASHINGTON )
)SS
CC'jN TY OF _~...1.':'_:"_ )
. '.' . I ~. ~-If'! · ---------~~-------------------.) ~', ~_ ~. 1,
:JRINTED NAME: ____ C-'~i~; .. L~~~..!.~ __ ~..:.:~,..-
NOTARY PUBLIC IN AND FbR THE
ST ATE OF WASHING~N I '( , -I-~ESIDING A T ----..l.-'-~~~~-+,.-:.:.r;~-----
MY APPOINTMENT EXPIRES __ ',-..1:L~~~ __ _
ON THIS DAY PERSONALLY APPEARED BEFORE ME MARYL C. FOSTER, TO ME KNOYVN TO BE THE INDIVIDUAL DESCRIBED IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT _ S)1E SIGNED THE SAME AS HER
FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES THEREIN MENTIONEry •
./ I," , -<t,
", '\ ;. i ~ ----.:---lk-· ~.'-::.-=_.:...--,,"!::±.L __ _
'--, 1)~ ~4v~D ~~I~A~~ ~~L~C IN~ND~~E--":-'-~-~---
I
DA TED: __ 2?'....' -:}j ____ , 2005.
STATE OF WASHINGT~~:A--
RESIDING AT _~___ ~~=--
MY APPOINTMENT EXPIRES __ .1.2: rJl4.[).;1. __ ST A TE OF WASHINGTON )
V )SS
COUNTY OF ~!I __ )
ON THIS DAY PERSONALLY APPEARED BEFORE ME GERALD L. STUMP, TO ME KNO'ltt-l TO BE THE INDIVIDUAL DESCRIBED IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNO'M..EDGED THAT HE SIGNED THE SAME AS HIS
FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPO;;ES THEREIN MENTIONED.
, I (X
DATED: ::eb __ . __ ;..._~ 2005.
STATE OF WASHINGTON )
)SS
COUNTY OF KI~)
\;,~
-r==
PRINTED NAME: VI.50'" ~N
NOTARY PUBLIC IN AND FOR THE~::.:..1----
STATE OF WASHINGTON ~
RESIDING AT
MY APPOINTMENT EXPIRES 1-2.~~
'J!SON TRNII
tlOTARY P\JBLIe
',TATE Of'WASI_UJCM
~ COt.AMlSSOt~
i Nowmber ao. 2008
!..:8-;.ssm __ ."
ON THIS DAY PERSONALLY APPEARED BEFORE ME KELLIE C. MCNETT, TO ME KNOWN TO BE THE INDIVIDUAl DESCRIBED IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACI<NO'M..EDGED THAT HE SIGNED THE SAME AS HIS
FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES THEREIN MENTIONED.
DATED: t=e1. (g .... 2005.
V~_ VIIONlIWI
NOTARYPUeUe
STATE 0' YIMSI_U'OII
CCMISSOI~'
NoYernbeI 29, 2008
ACXNOWLIDGMINTS
STATE OF WASHINGTON )
~/~ )SS
COUNTY OF -C--LN§" )
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT f>AUL fP.JoJG ___ _
IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNO'M..EDGED TH AT HE/SHE
SIGNED THIS INSTRUIlAENT; ON OATH STATED THAT H:<~HE WAS AUTHORIZED TO EXECUTE THE
INSTRUMENT; AND ACKNO'M..EDGED IT AS :5 Y2:. OF WASHINGTON FlRST
INTERNATIONAL BANK, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND
PURPOSES MENTIONED IN THE INSTRUMENT.
,
DATED: f.e1. 2 2. ~ 2005. . VT50 1V Tf.l..A1J PRINTED NAME. __ """ ______ .J.. ______ _
NOTARY PUBLIC IN AND FOR THE
STATE OF WASHINGTON ~T
~~SI~~~~I~~ENT EXPIRES"':.JZ--2+-':Q~-
CITY AI.S
CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS DEPARTMENT
EXAMINED AND APPROVED THIS LQT'CfA Y OF 1'1 A R..G.H. ____ , 2005.
__ Y\ 1-f>tfl/ct ___ ~et~ _________ _ AD~~ATOR7/' .,
CITY OF RENTON MAYOR
EXAMINED AND APPROVED THIS 1!I'~A Y OF -'-lJII.8-'tl-_____ , 2005.
-~,~~~'I' ...... MAYOR
CITY OF RENTON JjtA
EXAMINED AND APPROVED THIS 1 ___ DAY OF -m~ ______ , 2005.
CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS
CERTIFIED TO THE CITY TREASURER FOR COLLEcnON ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREETS,
ALLEYS OR OTHER PUBLIC USES ARE PAID IN FULL.
THIS _~ _____ DAY OF _~~'-~.:"'~= ________________ . 2Q05.
---~~~~~-~----------------------------------FINANCE DIRECTOR
KING COUNTY FINANCE DIVISION CERTIFICATE
! hE:REBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, rHAf THERE ARE NO DELI~QUENT SPECIAL ASSESSMENTS
CERTIFIED TO THiS OFFICE FOR COLLECTION AND, THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR
COLLEcnON ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC
USE ARE PAID IN FULl.
'~ \
THIS ___ ~Le..~ ___ DAY OF ______ ~~~~!~ ___________ , 2005.
\' G ------«~~~-~~--------MANAGER, FINANCE DIVlSIQ,N \
.' I
_ / '( ":r. ~ L' ' <.
-----~------------------DEPUTY
'-.\
DEPT. OF ASSESSMENTS
EXAMINED AND APPROVED THIS 1.6.1ioA Y OF _~~ ______ , 2005.
, .. //.. , d9i / ~/. • 5c:QtI __ }JobL~_______ ~X£:{E~ __ __..L~~
KING COUNTY ASSESSOR DEPUTY ASSESS R
!--CONFORMED COP~
F _______ DAY OF _______________ , 2005, AT
, __ OF PLA is, :J.A.GES __________ RECORDS OF
20050316001299
CITY OF RENTON PLAT 8~.00
-M,
PAGE001 OF 005 03/16/2005 13:11 KING COUNTY, UA
SUPERINTENDENT OF RECORDS
SURVEYOR'S CERTIFICATE
I, STEPHEN J. SCHREI, HEREBY CERTIFY THAT THIS PLAT OF HONEY BROOKE,
DIV. III, IS BASED ON AN ACTUAL SURVEY IN SECTION 10, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., KING COUNTY WASHINGTON; THAT THE
COURSES AND DISTANCES ARE SHOVwN CORRECTLY HEREON, THAT THE
MONUMENTS WILL BE SET AND THE LOT CORNERS STAKED CORRECTLY ON
THE GROUND; AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF
THE PLATTING REGULATION
STEPHEN J. SCHREI
PROFESSlONAL LAND SURVEYOR
LICENSE NO. 37555
STATE OF WASHINGTON
DA TE: ~CJ-::::z..:..J.l-<-/~'.l-I-=o....:::5~-_
coRE
\,; ~DESIGN
ENGINEERING
1471 I N.E. 29th PI. Suite 101
Bellevue, Washington 98007
425.885.7877 Fax. 425.885.7963
PLANNING· SURVEYING
.JOB NO. 02009
SHEET 2 OF 5
HONEY BROOKE LUA-04-067-FP
LND-10-0399
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
EASEllENT NOTES CITY OF RENTON, KING COUNTY, WASHINGTON
THE EASEMENTS DEPICTED ON THE ~AP SHEETS Of THIS FINAL PLAT ARE FOR THE W.4ITED PURPOSES LISTED BELOW AND ARE
HEREBY CONVEYED FOLLOWING THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE RESERVATlONS LISTED
BELOW.
~= ~'TV 01'" P':'I\'TI)'" $1-16':'':' I-It \~ ....... ~ P'~I-IT T::' E"'"'!".'" "'1.£D~",~.t,:'E" -='t:~,'.','t.~ EJ..SE:.IJE'.·"'S Si'-:'.:;'W,',· !-!E1'?EOf·' TO REPAIR ANY
DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE
DRAINAGE FACILlTlES. THESE REPAIRS SHALL BE AT THE OWNER'S COST.
1. AN EASEMENT IS HEREBY RESERVED, GRANTED AND CONVEYED TO THE CITY OF RENTON, PUGET SOUND ENERGY, QWEST
COMMUNICATlONS, COM CAST, KING COUNTY WATER DISTRICT NO. 90 AND THEIR RESPECTlVE SUCCESSORS AND ASSIGNS, UNDER
AND UPON THE EXTERIOR 10 FEET Of ALL LOTS AND TRACTS, PARALLEL WITH AND ADJOINING EXISTlNG OR PROPOSED ACCESS
RIGHT-OF-WAY IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTlON SYSTEMS
WITH NECESSARY FACILITIES, SIDEWALKS AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION, AND OTHER
PROPERTY, WITH UTILITY SERVICES AND SIDEWALKS, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR
THE PURPOSES HEREIN TOGETHER STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT, OR FOR
TELEPHONE USE, CABLE, TELEVISION, FIRE OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT
UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING.
2. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 4 IS TO THE BENEFIT OF LOT 3, THE OWNERS OF SAID
BENEFITlED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILlTlES WITHIN SAID EASEMENT.
3. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 6 IS TO THE BENEFIT OF LOT 5, THE OWNERS OF SAID
BENEFITlED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT.
4. THE 20'X30' PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 7 IS TO THE BENEFIT OF LOT 8, THE OWNERS Of SAID BENEFITlED
LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILlTlES WITHIN SAID EASEMENT.
5. THE 10.00 FOOT PRIVATlE DRAINAGE EASEMENT SHOWN ON LOT 7 AND TRACT A IS TO THE BENEFIT OF THE HONEY BROOKE
DIVISION III HOMEOWNERS ASSOCIATlON, SAID ASSOCIATlON SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE
DRAINAGE FACILlTlES WITHIN SAID EASEMENT.
6. THE PRIVATlE ACCESS AND DRAINAGE EASEMENT SHOWN ON LOTS 7, 8, 9, 10, 11, 12, 13. 14. 15 AND 16 IS TO THE BENEFIT
OF THE HONEY BROOKE DIVISION III HOMEOWNERS ASSOCIATION, SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE
MAINTENANCE OF THE PRIVATE ACCESS AND DRAINAGE FACILITlES WITHIN SAID EASE~ENT.
7. THE 10.00 FOOT PRIVATlE DRAINAGE EASEMENT SHOWN ON LOTS 9 AND 10 IS TO THE BENEFIT OF LOTS 10 AND 11, THE
OWNERS OF SAID BENEFITlED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATlE DRAINAGE FACILITIES WITHIN
SAID EASEMENT.
8. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 1.3 IS TO THE BENEFIT OF LOT 14, THE OWNERS OF SAID
BENEFITlED LOT SHALL BE RESPONSIBLE FOR THE MAINTlENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT.
9. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 15 IS TO THE BENEFIT OF LOT 16, THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTlENANCE OF THE PRIVATE DRAINAGE FACILITlES WITHIN SAID EASEMENT.
10. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 17 IS TO THE BENEFIT OF LOT 18, THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTlENANCE OF THE PRIVATE DRAINAGE FACILITlES WITHIN SAID EASEMENT.
11. THE 26.00 FOOT PRIVATlE ACCESS, DRAINAGE AND UTlLlTY EASEMENT SHOWN ON LOTS 19, 20, 21 AND 22 IS TO THE
BENEFIT OF LOTS 19, 20, 21 AND 22, THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE
OF THEIR RESPECTlVE PRIVATE DRAINAGE AND UTlLlTY FACILITlES WITHIN SAID EASEMENT AND SHALL SHARE EQUALLY THE
MAINTENANCE RESPONSIBILITlES OF THE PRIVATE ACCESS FACILITIES WITHIN SAID EASEMENT.
12. THE 26'X2S' EMERGENCY TURN-AROUND EASEMENT SHOWN ON LOTS 19 AND 22 IS HEREBY RESERVED FOR AND GRANTED
TO THE CITY OF RENTON FOR EMERGENCY VEHICLE TURN AROUND PURPOSES.
13. THE 12'Xl0' PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 19 IS TO THE BENEFIT OF LOT 20, 21 AND 22 THE OWNERS OF
SAID BENEFITlED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTlVE PRIVATE ORAINAGE AND UTlLlTY
FACILITIES WITHIN SAID EASEMENT.
14. THE 10.00 FOOT PRIVATE SANITARY SEWER EASEMENT SHOWN ON LOTS 18 AND 19 IS TO THE BENEFIT OF LOTS 17 AND "J.
THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR PRIVATE SANITARY SEWER
FACILITIES WITHIN SAID EASEMENT.
RESTRICTIONS
1. THIS SITE IS SUBJECT TO THE TlERMS AND CONDITlONS OF AN ASSIGNMENT Of LEASES AND/OR RENTS AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NO. 20020920002131.
2. THIS SITE IS SUBJECT TO. THE JERMS AND CONDITlONS .OF AN ASSIGNMENT OF UEASES AND/OR RENTS AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NO. 200310J0000647.
3. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS Of AN EASEMENT FOR ROADWAY AND UTILITIES AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NO. 5005653, 5246438 AND 5989934.
4. THIS SITE IS SUB.l::CT TO THE COVENANTS, CONDITlONS, RESTRICTIONS AND/OR EASEMENTS AS DISCLOSED BY INSTRtAtENT
RECORDED UNDER RECORDING NO. 8304010791.
5. THIS SITE IS SUB.l::CT TO THE TERMS AND CONDITlONS OF A TEMPORARY WATER SERVICE AGREEMENT BETWEEN ROBERT M.
AND RUTH PIELE AND KING COUNTY WATER DISTRICT 90 AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO.
8306141032.
6. THIS SITE IS SUB.ECT TO THE TERMS AND CONDITlONS Of A ROAD WAiNTENANCE AGREEWENT AS DISCLOSED BY INSTRUMENT
RECORDED UNDER RECORDING NO. 8807010506.
7. THIS SITE IS SUB.ECT TO THE CONDITIONS, NOTES, EASEWENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE
FACE OF THE SURVEY RECORDED UNDER RECORDING NO. 8805029004.
8. THIS SlTIE IS SUB.ECT TO THE CONDITIONS, NOTES, E~TS AND PROVISIONS CONTAINED AHO/OR DELINEATED ON THE
FACE OF THE SURVEY RECORDED UNDER RECORDING NO. 9207069006.
9. THIS SlTIE IS SUB.£CT TO THE TERMS AND PROVISIONS CONTAINED IN AN EASEMENT TO KING COUNTY WATER DlSlRlCT 90
FOR WATER WAINS AS DISCLOSED BY iNSTRUWENT RECORDED lINDER RECORDING NO. 8504240513.
10. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN CITY OF RENTON ORDINANCE NO. 4612 AS DISCLOSED
BY INSTRtAtENT RECORDED UNDER RECORDING NO. i60621 0966.
11. THIS SITE IS SUBJECT TO THE 1ERt.fS AND PROVISIONS CONTAINED IN AN EASEMENT TO KING COUNTY WATER DlSlRlCT 90
FOR WATER WAINS AS DISCLOSED BY INSlRUMENT RECORDED lINDER RECORDING NO. 20000105000508 AND 20000105000509.
12. THIS SITE IS SUBJECT TO THE TERtIlS AND PROVISIONS CONTAINED IN CITY OF RENTON ORDINANCE NO. 4824 AS DISCLOSED
BY INSlRUWENT RECORDED UNDER RECORDING NO.200201G4002323. .
13. THE LOCATlON OF THE SlNGUE-FAMILY RESIDENCE'S GARAGES FOR LOTS 19 1HROUGH 22 SHAlL BE DESIGNED WITH AN
ADEQUATE TURNING AREA TO PROVIDE DIRECT ACCESS TO THE PRIVATE STREET.
4
5
9
RENTON
10 i
I S.E. 120TH ST.
10 _ _ __ N88'20'04"W 2649.19 (KCAS)
2649.66 MEAS. --frc N88'2CJ01"W
, 1324.83
. \'L FOJr,m 2" BRASS DISK
W iPUN~H DOWr, 0.2' I~~ C~SE CITY OF RENTON
CO~JTROL P T NO. 1849
I 1324:"83 10' l'
FOUN:; 2" BRASS DISK /1
(/) vi I <>:<>: UW
2:S ~ I
55~ .. ~_ 'U) U)n n lD ~N
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f"--¢ L[) .
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1 RENTON CONTROL
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RENTON CONTROL MON.
NO. 1851
\ N88'22'10"W 2623.87 (~kAS)
N88·22'17"W (RENT'JN) .
SECTTON SUBDIVISION
SF 1/-1 SEC '0. TtIP. 2~ /lGE. 5£, ttl/.
No r.s,
BASIS OF BEARINGS:
N88"21'09·W BETWlEEN FOUND MONUMENTS AT S.E. CORNER AND S. 1/4 CORNER OF SEC. 10, TWP.
23 N., RGE. 5 E., W.M. PER KING COUNTY AERIAL SURVEY SECTION SUBDIVISION.
CITY OF RENTON REFERENCE )(ONUKBNTS:
NO. 1851 -3W DOMED BRASS SURFACE DISC W/pUNCH MARK AT THE CONSTRUCTlED
INTERSECTION OF N.E. 4TH ST. (S.E. 128TH ST.) AND 140Tl-l AVE. S.E.
NO. 1852 -3" FLAT BRASS SURFACE DISC AT THE CONSTRUCTED INTERSECTION OF N.E. 4TH ST.
(S.E. 128TH ST.) AND 148TH AVE. S.L
SURVEYOR'S NOTES
1. AlL TITLE INFORMATION SHOWN ON THIS WAP HAS BEEN EXTRACTED FROM FIRST AMERICAN
TITLE INSURANCE COWPANY SUBDIVISION GUARANTEE FOURTl-I REPORT ORDER NO. 4209-312390,
DATED WAY 21, 2004 AND SUPPLEMENTAL REPORT NO.1 THERETO DATED .A.JLY 13, 2004. IN
PREPARING THIS "'AP, CORE DESIGN HAS CONDUCTED NO INDEPENDENT Tl11..E SEARCH NOR IS
CORE DESIGN AWARE OF ANY TITLE ISSUES AFFECTING THE SUR\t:YED PROPERTY OTHER THAN
THOSE SHOWN ON THE WAP AND DISCLOSED BY THE REFERENCED SUBDIVISION GUARANTlEE. CORE
DESIGN HAS RELIED WHOlLY ON FIRST AMERICAN TITLE COMPANY'S REPRESENTATION OF Tl-IE
TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFORE CORE DESIGN QUAliFIES THE MAP'S
ACCURACY AND COWPLETENESS TO THAT EXTIENT.
2) THIS IS A FIELD TRA~RSE SURVEY. A LIETZ SET4C FIVE SECOND COWBINED ElECTRONIC
TOTAl STATION WAS USED TO WEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN
THE CONlROlLING WONUWENT A TlON AS SHOWN. ClOSURE RATIOS Of THE TRA ~SE WET OR
EXCEEDED THOSE SPEaFlED IN WAC 332-130-090. DISTANCE MEASURING EQUtPWENT HAS BEEN
COWPARED TO AN N.G.S. BASEUNE WITHIN ONE YEAR OF THE DATE OF THIS SUR\t:y.
3) All DISTANCES ARE IN FEET.
4) AlL WONlMENTS SHOWN AS FOUND WERE FIELD VISITED IN OCTOBER, 2001, EXCEPT AS NOTED.
5) AREA OF EN11RE SITE: 1i2.411± S.F. (4.4171± AC.)
6) AREA OF DEDICATED RtGHT Of WAY: 56,129± S.F. (1.21!185± AC.)
2
SE 128TH T.
~RiboD
calETERY
16 15
fl/QNITY MAP
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14
~ __ ~,/DESIGN
,or r Nf. 29th n ... rOJ
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425M5J877 FIur "25IU~
PLANNING· SUrVEYING
.JOB NO. 02009
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SHEET 3 OF 5
HONEY BROOKE WA-04--067-FP
LND-l0-0399
I
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
UNPLATTED
30' INGRESS, EGRESS.
UTILITY EASEMENTS -REC.
NOS. 5005653, 5246438,
5989934 & 790412086E
N88'20' 45"W
160.05
SEE SHEET 5 FOR CONTINUATION
ie. LINE W. 330' NE ~/4. SW' /4.-'-.,
SEI/4, SEC. 10-23-05 "''.,
1 O' ... ."A T[R EASEMENTS REe. I~OS
950424C513, 200001050085C8.
& 200C010500050C.
~ S Llr,E N 330' NE 1/4, 5WI/4, SE 1/4,
( SEC. 10-23-0~'
--, , 18
14' 16'
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UTILITY EASEMENT 'I
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93.03 I
1 0' PRIVATE DRAINAGE --,-1-1
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SEE NOTE 2, SHT. 2 I 0 LEGEND If)
n UJ
e1 SET STANDARD CITY OF RENTON
CONCRETE MONUMENT IN CASE AS
SHOWN UNLESS NOTED OTHERWISE.
EB FOUND STANDARD CITY OF RENTON
':0t-tf.:RF-"":: "'IJNIJ-"~N' IN elSE .. s
NOTED
• SET 1/2" X 24" REBAR W/YELLOW
PLASTIC CAP STAMPED "CORE 37555"
0 FOUND 1/2" REBAR W/YELLOW PLASTIC
CAP STAMPED ·CORE 30427" UNLESS
NOTED OTHERWISE.
SET TACK IN LEAD W/SHINER "37555"
ON PROPERTY LINE EXTENDED 4.75 FEET
'IN LIEU OF FRONT LOT CORNERS UNLESS
NOTED OTHERWISE.
(@) CITY OF RENTON STREET ADDRESS
10.00
w
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CITY OF RENTON
LOT LINE ADJUSTMENT
LUA-03-123-LLA
?:::'~. ~~~. 2:JC48304900004
N88'20'53"W 210.07
N88'20'53"W(C) 372.66
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0 0 ZI
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,0,=12'56'34" m . 11.01 LI1 • ,~~~~~~9~1~.O~2~ ____ ~L=~'7~.8~5~'1~4.80 01";-~ , 0 II' N88'2(\' 4S"W .' I c:i -! 0 102.03 lI=I3'24'18" 2~ r;
L=18.48 ,,~';,: C\i 10' PRIVATE DRAINAGE ---r1 ct: /;J' ~ ~ EASEMENT TO LOT 5 '" i.-y <I' It-!! ~ ;;) SEE NOTE 3, SHT. 2 .J;::
°oi 6 "':ltv r <D II :!} g 6169± S.F. ~ (4
z @D (~o~ I)
"J-. .9-~ ----___ po-0, '" '/ /' ()v
60.28 ~ '].,<:r
q N88'20'S3"W ~ 21'
161.93 N03'33'07"W
6.82 --....:: 21.09 ./ N88'20'S3"W 4S1.03 661.10 --
180.88 (P) 180.96 eC)
HE 5lH STREET
WlNDSONG DIV1SION 2
VOL. 199, PGS. 32-35
REC. NO. 20010412001318
I
\
\
S. LINE NEI/4, SWI/4. SE1/4. SEC. 10-23-05
lRACT A
FOUND 3" BRASS [~U_RFACE DISK W/PUNCH IXlO' FOUND 3" BRASS -__.. _ 1 N.E. .l1i ST, SURFACE DISK W/PUNCH
10 ~ -_ _ 660.67_J J N88'21'09"W 2642.56 (KCAS) CITY OF RENTON , A _ --N88'21'09"W 2642.66 (MEAS.) (BASIS OF BEARINGS) CONTROL PT. NO. 1852
15 ".., --N86'OO'23"W r-~~V---------------'--------------=--====--=:"":=--==1t=-=--=--=:........::=====::1r===== __ ~ ____ --~1O~~11 18.81 (MEAS) \
FOUND 2 1/2" BRASS
SURFACE DISK W/PUNCH
R£NTat. CONTROL MOl'-..
NO. 1851
N88'22'1Q"W (CALC) 2623.87 (MEAS)
N88'22'17"W (RENTON)
...-15 14
'47J J HE. 29th n ..... 10J
..... , WeJIi ... , MJ07
425.1185.7877 ,. 425M5.J'963
~_,.'/ .... DESIGN
PLANNING· SUIVEY'NG
JOB NO.0200D
SCALE: '1" 40'
°1-1 __ 2,_0 •• jl-0 -------Ir
LEGEND
•
o
SET STANDARD CITY OF RENTON
CONCRETE MONUMENT IN CASE AS
SHOWN UNLESS NOTED OTHERWISE.
FOUND STANDARD CITY OF RENTON
~~E-:E IoI.;)kIU\,IID .. -: It-. C .... SE .... s
NOTED
SET 1/2" X 24· REBAR W/YELLOW
PLAS~C CAP STAMPED ·CORE 37555"
FOUND 1/2" REBAR W/YELLOW PLASTIC
CAP STAMPED ·CORE 30427" UNLESS
NOTED OTHERWISE.
SET TACK IN LEAD WjSHINER ·37555"
ON PROPERTY UNE EXTENDED 4.75 FEET
IN UEU OF FRONT LOT CORNERS UNLESS
NOTED OTHERWISE.
@D OTY OF RENTON STREET ADDRESS
HONEY BROOKE
DIV _ III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
SEE SHEET 5 FOR CONTINUATION
I
14' 16' 18 17 w
c.o
LO o
10' w,t. TER EASEMENTS REC. NOS __
95042LGS13, 20COO105000508, i
& 200J01050C0509
UNPLA TTED
.. ;--5 LINE N. 33C NE 1/4, SW1/4, SE 1/4 , ii-----!------_---J. 0 / SEC. 10-23-05 ~_-_-= ... _ -=--e--=--=--=-I ~=--=--=--=--=--=-~ -=--=--_~-~ .... ~ __ ~/-_,;..;N:.;8.;;;8.:·2;.;;O:..:'3;;:,;7:...'..!'W!..._1~8:.:.1.:.:.1.;6:_ ____ _.lL_~I_
z o -E--~
• ____ ~ __ 4802 _ .. ____ " _ :_-__ -~-~--~-~-.---.:N..:.:8:W~2~~-----30320--,:,= -I r-
.30' INGRESS, EGRE~ ~l,,~~<Z'&>/:-----_8~9=-~I ______ I ,!219_ _ _ _ ~ -j)~S ---I--
UTILITY EASEMENTS -REC. , "'.9 ""&. w 1 ---:s~ ",b< ·00
NOS 5005653, 52464.38, 21' 21' ( '.9/ /.9.. ~ 16 6267± S.F. <6") ,,)'0\
5989934 & 7904120866 ~ : 11 I ~ 0(08 I (ill)"jco --.! I 21' 1 14'
2 f'-. 6252± S.F.
W ~ II ~ I ~ I 10' SIDEWALK & ---l '7 -I ::> ' ,~ UTILITY EASEMENT I ~ ~ I I N88'20'45"W I NSS.~E~,:;,:: 1, SHT. 2 I t')
< I 10658 I I I 675
O I 106.54 I
() -~ 10' SIDEWALK & I ~ '" I UTILITY EASEMENT w I 10' PRIVATE DRAINAGE -+
-J ~ II SEE NOTE 1. SHl 2 I ~ N EASEMENT TO LOT 16. I N
I 10 5329± S.F. (:, ;; I SEE NOTE 9, SHT. 2 I ;;
3
I @) 0 on 15 5326± SF on
NS8'20'45"W I ~ I C@) I N8S'20'45"W I Z -------------~ -E--Z o U
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I 106.5R 1 I
L-27' 27'1 06.50 14 I JT-10' PRIVATE DRAINAGE ,-w
'" EASEMENT TO LOTS 10, 11, (Q 5324± S.F. ~ I
o. I SEE NOTE 2, SHl 2 l .on 8 ~ ~ '" :h i I 5329± S.F. 9 0 I '54' PRIVATE ACCESS & I 0
I 9 rs14' lOon DRAINAGE EASEMENT, I ~
I
~ ~ I SEE NOTE 6. SHT. 2 I
N88'20'45"W N88'20'45"W
661.10 N88'20'53"W 451.03
I
\
s. LINE NE 1/4, SW1/4, SE1/4, SEC. 10-23-05
LINE
L1
L2
L3
TRACT A L4
L5
L6
L7
LS
BEARING DISTANCE
N41'21'57"E 19.48
N53'49'12"E 11.58
N64'05'38"E 15.83
N70'SO'28"E 10.98
N7fi18'32"E 46.15
N69'S4'07"W 15.47
N3T30'4':5"W 21.87
N10'32'39"W 22.15
HONEY BROOKE
VOl. 207, PG'S. 88-89
REC. NO. 20020731003106
I
1
~
2
675
L£J Z
~
J <
0
to ~ on ()
6.75 ;;:; ~ w
'" to •
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SHEET 4 OF 5
LUA-o.f.-067-FP
LND-10-0399
HONEY BROOKE DIV. II
'101... 216, PG'S.43-45
10
.4T" H.E..IM ......... OJ
........ W ..... f.' MJ07
42S.-sJ877 Fax 425.185.7N3
ENGINEERING PLANNING· SURVEYING
.... OB NO. 02009
-.....--L I
HONEY BROOKE
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC, 10, TWP. 23 N., RGE. 5 E., W,M"
CITY OF RENTON, KING COUNTY, WASHINGTON
FOliNO 5/8" REBAR WTH YELLOW ~
OlL:'STIC CAP STAMPED "LS 6484' \
0.2'E X 0.3'S. OF CORNER \
UNPLATTED
\\ r N UN£: PER SC.C, NO. 90-2-0038-9
N89'17'46"W 150.01 /
SHEET 5 OF 5
LUA-04-067-FP
LND-I0-0399
-----'1~4~.OOO~~~~~~==~1~3~5r.0~1,~~!==:::---4--~-------
,~~ .--;-_-:N-:E-:N6_8JH_'_17_'~.:..:5TR:...,,~WEE~T _______ ..... _;=111 \:~t . , ..... ~' ~ LINE NE 1/4'~Wl/4,~S-E-l/-4,-S-EC ~0-~3-05
,['! \ 50,00 60.00
14 " 16' I FOUND 5/8" REBAR WITH
UNPLATTED
I 22 YELLOW PLASTIC CAP STAMPED I "LS 6484" 0.1' E OF CORNER 6109± SF
: 0~v n to ~ I 25' PRIVATE --6 ~
o I ACCESS, ,--0 I DRAINAGE & g -
UTILITY Z
w 21
6168± S,F.
~~li>
;;;
r-0 ,,;'
0 ""--~
fJ)
I EASEMENT, I SEE NOTE II,
I SHT, 2
I f--I -I --'-; I--
1 75 I HE . 5~ ~T: . j I
. I N88 2045 'W N8S'20'45"W
12'XIO' PRIVATE --------16002 ld
DRAINAGE EASEMENT ............ _____________ I It IPRl'iATE DR ~ 1-20'-6002
TO LOTS 20, 21 & 22. 0 ~~~ [J --. t f--
SEE NOTE 13, ~ :
SHT. 2 N lLI N I 26'X2S' 0 ~ Z --: I EMERGENCY ~
lLI ~ I TURNAROUND
U n EASEMENT,.w ~ w' :3 I SEE NOTE 12, C.o r'l
a.. ':0 r-0 I SHT. 2 ~ ~
w 8 o~ N 0 I 9 6182± S.F. S 0 ~ ~ g ~ I 1 ~~;V ~
a ~ zi fl... 10' PRIVATE SANITARY r I SEWER EASEMEN T TO 8 I I LOT 18, SEE NOTE 14,
Z _ ~ _SHT. 2 I
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-f-10' SIDEWALK & I UTILITY EASEMENT
r---.. I SEE NOTE 1, SHT. 2
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-I I ~ ~ I 5876± S.F.
0 6 ~~D
r<) -I I r<) . I
18
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If) 0
00
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17
6002± S,F.
@v
o o
UNPLATTED
UNPLATTED
10' WATER EASEMENTS REC. NOS,-
9504240513, 20000105000508,
SEC. 10-23-05 ~ -.to 'O<6"'J~"'J
:J )-'if "'J'O'
r 10' PRIVATE DRAINAGE
EASEMENT TO LOT 18,
SEE NOTE 10, SHT. 2 & 20000105000509
I
I
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0
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I 0
u w cr,
~
w Z
I ~ ::::;
I w r s. LINE N 330' NE 1/4, SW1/4, SE 1/4, 3! ~ 14' 16' \ ,lx'
I ';>S'O '25.65 SEC 10 23 05
W ~ 1><> -J' ----- - - --1-- - -___ ~ /5. LINE N. 330' NE 1/4, SW1/4, SE 1/4,
I co N88"20'37"W 170.06 0 ~ 0 ..J 60.02 N . --~
I ;j ____ --=-= __ -184.06-___________ -=-~ -=--=--=--=--0i-=-~ ~ - - - - - - -_~_;:::~ __ ,-__ ...:.N;.;;8;.;8;."2:.;.0..:;'3:.:7_".:;W:-_1~8;:.:1~.1:..:6;:"' _____ L_....:Ir--
• Ci 0 N88'20'45"W -48.02 ----~ - - - - - --N88'20'45"W-- - --.303.20-- - - - - --, __ _
n ~ N HE 5lH PLACE . 255.18 -I --.i-~t---------......:=-=:..::::..::~-=--=-=..:=-=:..::::..:::..:N~k-__ .-_ &aJ _ _ _ _ N
Z ~'+-___________ ~~~~~~~~~~~~~ N
w = ~ b r
8 z
I
I
30' INGRESS, EGRESS, -~ ". ------
UnLiTY EASEMENTS -REC. $
NOS, 5005653, 5246438, c:
5989934 &: 790-*120866 21' 21' il 2 1
::!
SEE SHEET 3 FOR CONTINUATION
SCALE: 1" = 40'
o 80
LEGEND
•
o
SET STANDAN> CITY OF IllENTON
CXlHCRElE fIIONUMEHT IN CASE AS
SHCM1II UNLESS HOlED 011£RWlSE.
FOUND STANDARD CITY OF IENTON
cONcftElE ~T ., CASE AS NOla>; . 'I. . -'
-sET 1/"l.~ X ~ ... ~. ,REliI\S M/YEU.OW
PLASllC' CAR ST~' -cqtE ~7555"
..... ~ .-~-~_I •• ' ... .... -",
FOUND 1/1" ~ W/'t'ELL1;M PLASTlC
CAP STAWPED -CORE J042T UNlESS
NOlED OlHElpllSE.
lET TAO< IN l£AI) wl5iHlNER -37555-
ON PROPERTY LIIE £X1ENDED 4.15 FEET
.. UEU Of ~T LOT OCIIIERS utl.ESS
tIOlED O'1HEJMSE,
11 16 21' 14'
SEE SHEET .. POR CONTINUATION
.JOB
,g" H.E. 29rh n s. 101
........ W~I98007
425.1J85.7877 Fax 425..1185.7963
PLANNING" SURVEYING
NO. 02009
HONEY BROOKE
SHEET ::I. OF 5
LUA-XX-XXX-FP
LND-XX-XXX
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
LEGAL DESCRIPTION
PARCEL 1:
PARCEt J, A.ND B O~ LOT U"IE" .4DJUSTMENT 2004030.4.900004 ACCOlIDING TO 1HE LOT !.J"IE" bDJUSTMENT THEREOF
RECORDED MARCH 4, 2004 UNDER KING COUNTY RECORDING NO. 20040304900004. EXCEPT ANY PORTION CONVEYED UNDER
RECORDING NO. 20040524000585, 20040524000586 AND 20040524000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DEUNEA TED ON KING COUNTY SHORT PLAT NO.
776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO.
7904120866.
PARCEL 2:
LOT 3 OF KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979
UNDER KING COUNTY RECORDING NO. 7904120866. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO.
20040524000587.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DEUNEATED ON KING COUNTY SHORT PLAT NO.
776004. ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12. 1979 UNDER KING COUNTY RECORDING NO.
7904120866.
PARCEL 3:
THE EAST 150 FEET OF THE WEST 480 FEET OF THE NORTH 3.30 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH. RANGE 5 EAST. W.M. IN KING COUNTY,
WASHINGTON;
TOGETHER WITH ADDITIONAL APPURTENANT REAL PROPERTY. WHICH ATTACHED THERETO BY OPERATION OF LAW AS A
RESULT OF DECREE OF COURT QUIETING TITLE IN KING COUNTY SUPERIOR COURT CAUSE NO. 90-2-0038-9 ENTERED
MARCH 19. 1992 AND THE CONTENlS OF SAID DECREE ARE EXPRESSLY INCORPORATED HEREIN BY THIS REFERENCE TO
DESCRIBE SAID ADDITIONAL PARCEL
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE NORTH 360
FEET OF THE WEST 480 FEET OF SAID SUBDIVISION;
EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR THE ROAD UNDER RECORDING NO. 3042808.
DECLARATION OF COVENANT
THE OWNER OF THE LAND EMBRACED WITHIN THIS LONG PLAT. IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS
SUBDIVISION. BY SIGNING HEREON COVENANlS AND HEREBY CONVEYS THE BENEFlOAL INTEREST IN THE NEW EASEMENlS
SHOWN ON THIS LONG PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOlS. OR OF ANY SUBDIVISION THEREOF. THE
COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THIS LONG PLAT.
DEDICATION / CERTIFICATION
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE. THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY
PLATTED. HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBUC FOREVER ALL STREElS AND AVENUES
SHOWN HEREON AND THE USE THEREOF FOR ALL PUBUC HIGHWAY PURPOSES: ALSO THE RIGHT TO MAKE ALL NECESSARY
SLOPES FOR CUlS AND FlLlS UPON THE LOlS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING
OF THE STREElS AND AVENUES SHOWN HEREON. AND FURTHER DEDICATE TO THE USE OF THE PUBUC. ALL THE EASEMENlS
SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON. INCLUDING BUT NOT UMITED TO UnUTIES AND
DRAINAGE.
TRACT A. A SENSITIVE AREA TRACT. IS HEREBY GRANTED AND CONVEYED, UPON THE RECORDING OF THIS PLAT TO THE
HONEY BROOK DlV. III HOMEOWNERS ASSOCIATION. SAID ASSOOATION IS HEREBY RESPONSIBLE FOR ALL MAINTENANCE
RESPONSIBIUTIES OF SAID TRACT.
KNOW ALi.. Fi;:OFLE BY TriE5iO: FRESiO:NTS, ~';-iAT WE THE HiO:kEu'I S:::LOW SiGNED m'VNERS IN FEE StM:"L£ ,)F THE LAND
HEREBY SUBDIVIDED, HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNERS' ASSOCIATION, AS DISCLOSED BY
INSTRUMENT UNDER KING COUNTY RECORDING NO. IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH
IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOYMERS' ASSOCIATION. SAID ASSOCIATION IS SUBJECT TO
THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE PLAT OF HONEY BROOK DIV. III. AS DISCLOSED BY INSTRUMENT UNDER KING COUNTY RECORDING NO. _____ ~
IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS.
C. THOMAS FOSTER
MARYL C. FOSTER
WASHINGTON FlRST INTERNATIONAL BANK
BY:
115:
ACKNOWLEDGMENTS
STATE OF WASHINGTON )
)SS
COUNTY OF )
GERALD L STUMP
KELUE C. MCNETT
ON THIS DA Y PERSONALLY APPEARED BEFORE ME C. THOMAS FOSTER. TO ME KNOWN TO 8E THE INDIVIDUAL DESCRIBED IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE SIGNED THE SAME AS HIS
FREE ANO VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES THEREIN MENTIONED.
DATED: ______ , 2004.
PRINTED NAME: NOTARY PUBUC-I::-:N-A":":N":':O:--='FOR==-':::TH:"':E=-------
STATE OF WASHINGTON RESIDING AT __ ~= _______ _
MY APPOINTMENT EXPIRES ______ _ STATE OF WASHINGTON )
)SS
COUNTY OF )
ON THIS DAY PERSONALLY APPEARED BEFORE ME MARYL C. FOSTER. TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED THAT SHE SIGNED THE SAME ~S HE~
FREE AND VOLUNTARY ACT AND DEED, FOR TriE USES ANi) PURPOSES THEREiN MENTIONED.
DATED: ______ , 2004.
PRINTED NAME: NOTARY PUBLlC-I-N-A":":N":':D:-=FO~R:-=TH:-:E=-------
STATE OF WASHINGTON
RESIDING AT .=-::=-===:--______ _ MY )''p?'::JIN7M~, EXPfRt:..-S ______ _ STATE OF WASHINGTON )
)SS
COUNTY OF )
ON THIS DAY PERSONALLY APPEARED BEFORE ME GERALD L. STUMP, TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED THAT HE SIGNED THE SAME AS HiS
FREE AND VOLUNTARY ACT AND DEED. FOR THE USES AND PURPOSES THEREIN MENTIONED.
DATED: _____ ~ 2004.
PRINTED NAME: NOTARY PUBLlC~I::-:N-AN':":":':D:--='FO':":R:--=TH:"':E=-------
STATE OF WASHINGTON
RESIDING AT MY APPOINTM·=EN:"':T=-=E:7.XP::':I=RE==S:---------STA TE OF WASHINGTON )
)SS
COUNTY OF )
ON THIS DAY PERSONALLY APPEARED BEFORE ME KELUE C. MCNETT, TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN
AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED THAT HE SIGNED THE SAME AS HIS
FREE AND VOLUNTARY ACT AND DEED. FOR THE USES AND PURPOSES THEREIN MENTIONED.
DATED: _______ • 2004.
PRINTED NAME: -.,..,,~-:-::-=~~ ____ _
NOTARY PUBUC IN AND FOR THE
STATE OF WASHINGTON
RESIDING AT MY APPOINTM=EN:"::T=-=EXP=IR=:::E=-=S-------
ACKNOWLEDGMENTS
STATE OF WASHINGTON )
)SS
COUNTY OF )
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ________ .,.-_
IS THE PERSON THAT APPEARED BEFORE ME. AND SAID PERSON ACKNOWLEDGED THAT HE/SHE
SIGNED THIS INSTRUMENT; ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE
INSTRUMENT; AND ACKNOWLEDGED IT AS OF WASHINGTON FIRST
INTERNATIONAL BANK. TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND
PURPOSES MENTIONED IN THE INSTRUMENT.
DATED: _____ __>. 2004.
PRINTED NAME:.-::-:~~=~~ ____ _
NOTARY PUBUC IN AND FOR THE
STATE OF WASHINGTON RESIDING AT .=::=--::::== ______ _
MY APPOINTMENT EXPIRES ______ _
CITY OF RENTON APPROVAlS
OTY OF RENTON PLANNING I BUILDING I PUBUC WORKS DEPARTMENT
EXAMINED AND APPROVED THIS _ DAY OF , 2004.
ADMINISTRA TOR
CITY OF RENTON MAYOR
EXAMINED AND APPROVED THIS __ DAY OF ________ ...... 2004.
MAYOR
CITY OF RENTON
EXAMINED AND APPROVED THIS __ DAY OF ________ • 2004.
CITY CLERK
CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT THERE ARE NO DEUNQUENT SPECIAL ASSESSMENlS AND THAT ALL SPECIAL ASSESSMENlS
CERTIFlED TO THE CITY TREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR STREElS.
ALLEYS OR OTHER PUBUC USES ARE PAID IN FULL
-l\i!S ______ \)~y Of _____________ 200"'.
FINANCE DIRECTOR
KING COUNTY FINANCS DIVISION CERTIFICATE
I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DEUNOUENT SPECIAL ASSESSMENTS
CERTIFlED TO THIS OFFlCE FOR COLLECTION AND, THAT ALL SPECIAL ASSESSMENlS CERTIFIED TO THIS OFFiCE FOR
COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAiNED. DEDICATED AS STREETS. ALLEYS OR FOR OTHER PUBLIC
USE ARE PAID IN FULL
THIS _____ DAY OF ----------__ --0. 2004.
MANAGER, FlNANCE DIVISION DEPUTY
DEPT. OF ASSESSllENTS
EXAMINED AND APPROVED THIS _ DAY OF ________ --r. 2004.
KING COUNTY ASSESSOR DEPUTY ASSESSOR
TAX ACCOUNT NO. ____________________ _
RECORDING CERTIFICATE
FlLED FOR RECORD AT THE REQUEST OF CITY OF RENTON THIS DAY OF --____ _t. 2004. AT
__ MINUTES PAST .M. AND RECORDED IN VOLUME __ OF PLAlS. PAGES RECORDS OF
KING COUNTY. WASHINGTON.
DIVISION ON RECORDS ANP ELECTIONS
MANAGER
SUPERINTENDENT OF RECORDS
SURVEYOR'S CERTDnCATE
I, STEPHEN J. SCHREI. HEREBY CERTIFY THAT THIS PLAT OF HONEY BROOKE.
DIV. III, IS BASED ON AN ACTUAL SURVEY IN SECTION 10. TOWNSHIP 23
NORTH, RANGE 5 EAST. W.M., KING COUNTY WASHINGTON; THAT THE
COURSES AND DISTANCES ARE SHOWN CORRECTLY HEREON. THAT THE
MONUMENlS WILL BE SET AND THE LOT CORNERS STAKED CORRECTLY ON
THE GROUND; AND THAT I HAVE FULLY COMPUED WITH THE PROVISIONS OF
THE PLATTI)G REGULATIONS.
Jliy~
STEPHEN J. SCHREI
PROFESSIONAL LAND SURVEYOR
LICENSE NO. 37555
STATE OF WASHINGTON
DATE:--=~..;.../.;..;.J 1....;,.1_·OC/-4-· __ _
coRE
\,; ,/' DESIGN
74777 N.E. 29th PI. Suite 107
BelleVlJe, Washington 980q7
425.885.7877 Fax 425.885.7963
ENGINEERING· PLANNING· SURVEYING
JOB NO. 02009
HONEY BROOKE
SHEET 2 OF 5
LUA-XX-XXX-FP
LND-XX-XXX
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
EASEMENT NOTES CITY OF RENTON, KING COUNTY, WASHINGTON
THE EASEMENTS DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE UMITED PURPOSES USTED BLOW AND ARE
HEREBY CONVEYED FOLLO'MNG THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE RESERVATIONS USTED
aEL0W.
1. AN EASEMENT IS HEREBY RESERVED. GRANTED AND CONVEYED TO THE CITY OF RENTON. PUGET SOUND ENERGY, QWEST
COMMUNICATIONS. COM CAST, KING COUNTY WATER DISTRICT NO. 90 AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. UNDER
AND UPON THE EXTERIOR 10 FEET OF ALL LOTS AND TRACTS, PARALLEL WITH AND ADJOINING EXISTING OR PROPOSED ACCESS
RIGHT-OF-WAY IN WHICH TO INSTALL. LAY. CONSTRUCT. RENEW, OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTION SYSTEMS
WITH NECESSARY F ACIUTIES. SIDEWALKS AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION. AND OTHER
PROPERTY, WITH UTIUTY SERVICES AND SIDEWALKS, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR
THE PURPOSES HEREIN TOGETHER STATED. NO UNES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT. OR FOR
TELEPHONE USE. CABLE. TELEVISION. FIRE OR POUCE SIGNAL OR FOR OTHER PURPOSES. SHALL BE PLACED UPON ANY LOT
UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING.
2. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 4 IS TO THE BENEFIT OF LOT 3, THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES WITHIN SAID EASEMENT.
3. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 6 IS TO THE BENEFIT OF LOT 5. THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES WITHIN SAID EASEMENT.
4. THE 20'X30' PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 7 IS TO THE BENEFIT OF LOT 8. THE OWNERS OF SAID BENEFITED
LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES WITHIN SAID EASEMENT.
5. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 7 AND TRACT A IS TO THE BENEFIT OF THE HONEY BROOKE
DIVISION III HOMEOWNERS ASSOCIATION, SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE
DRAINAGE FACIUTIES WITHIN SAID EASEMENT.
6. THE PRIVATE ACCESS AND DRAINAGE EASEMENT SHOWN ON LOTS 7, 8, 9, 10, 11, 12. 13, 14, 15 AND 16 IS TO THE BENEFIT
OF THE HONEY BROOKE DIVISION III HOMEOWNERS ASSOCI A TION, SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE
MAINTENANCE OF THE PRIVATE ACCESS AND DRAINAGE FACIUTIES WITHIN SAID EASEMENT.
7. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 9 AND 10 IS TO THE BENEFIT OF LOTS 10 AND 11, THE
OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES Will-liN
SAID EASEMENT.
8. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 13 IS TO THE BENEFIT OF LOT 14. THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES WITHIN SAID EASEMENT.
9. THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 15 IS TO THE BENEFIT OF LOT 16. THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES WITHIN SAID EASEMENT.
10, THE 10.00 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 17 IS TO THE BENEFIT OF LOT 18. THE OWNERS OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACIUTIES WITHIN SAID EASEMENT.
11. THE 26.00 FOOT PRIVATE ACCESS. DRAINAGE AND UTIUTY EASEMENT SHOWN ON LOTS 19 AND 22 IS TO THE BENEFIT OF'
LOTS 20 AND 21, THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR HT MAINTENANCE OF THEIR RESPECTIVE
PRIVATE DRAINAGE AND UTIUTY FACIUTIES WITHIN SAID EASEMENT AND SHALL SHARE EQUALLY THE MAINTENANCE
RESPONSIBIUTIES OF THE PRIVATE ACCESS FACIUTIES WITHIN SAID EASEMENT.
12. THE 26'X25' EMERGENCY TURN-AROUND EASEMENT SHOWN ON LOTS 19 AND 22 IS HEREBY RESERVED FOR AND GRANTED
TO THE CITY OF RENTON FOR EMERGENCY VEHICLE TURN AROUND PURPOSES.
13. THE 12'Xl0' PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 19 IS TO THE BENEFIT OF LOT 20, 21 AND 22 THE OWNERS OF
SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THEIR RESPECTIVE PRIVATE DRAINAGE AND UTIUTY
FACIUTIES WITHIN SAID EASEMENT.
14. THE 10.00 FOOT PRIVATE SANIT~Y SE\IItR EASEME."IT SHOWN ~ '_ors 18 "-"!D ~9 'S .,.~ TI.IE ':F.:.'Ir::F1T Of" LOTS 17 AND 2:1,
THE. O'M'olERS OF SAID aSNEFHED LOTS SH,t,LL BE RESPONS!8LE FOR THE MAINTENANCE C:F THEIR PRIVATE SANiTARY Sc.;d~R
F ACIUTIES WITHIN SAID EASEMENT.
RESTRICTIONS
1. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN ASSIGNMENT OF LEASES AND/OR RENTS AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NO, 20020920002131.
2. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF AN ASSIGNMENT OF LEASES AND/OR RENTS AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NO. 20031030000647.
3. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT FOR ROADWAY AND UTIUTIES AS DISCLOSED BY
INSTRUMENT RECORDED UNDER RECORDING NO. 5005653, 5246438 AND 5989934.
4. THIS SITE IS SUBJECT TO THE COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS AS DISCLOSED BY INSTRUMENT
RECORDED UNDER RECORDING NO. 8304010791.
5. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A TEMPORARY WATER SERVICE AGREEMENT BETWEEN ROBERT M.
AND RUTH PIRE AND KING COUNTY WATER DISTRICT 90 AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO.
8306141032.
6. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A ROAD MAINTENANCE AGREEMENT AS DISCLOSED BY INSTRUMENT
RECORDED UNDER RECORDING NO. 8807010506.
7. THIS SITE IS SUBJECT TO THE CONDITIONS, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE
FACE OF THE SURVEY RECORDED UNDER RECORDING NO. 8805029004.
8. THIS SITE IS SUBJECT TO THE CONDmONs, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DEUNEATED ON THE
FACE OF THE SURVEY RECORDED UNDER RECORDING NO. 9207069006.
9. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN AN EASEMENT TO KING COUNTY WATER DISTRICT 90
FOR WATER MAINS AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 9504240513.
10. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN CITY OF RENTON ORDINANCE NO. 4612 AS DISCLOSES'
BY INSTRUMENT RECORDED UNDER RECORDING NO. 9606210966.
11. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN AN EASEMENT TO KING COUNTY WATER DISTRICT 90
FOR WATER MAINS AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 20000105000508 AND 20000105000509.
12. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN CITY OF RENTON ORDINANCE NO. 4924 AS DISCLOSED
BY INSTRUMENT RECORDED UNDER RECORDING NO. 200201 04002323.
13. THE LOCATION OF THE SINGLE-FAMILY RESIDENCE'S GARAGES FOR LOTS 19 THROUGH 22 SHALL BE DESIGNED WITH AN
ADEQUATE TURNING AREA TO PROVIDE DIRECT ACCESS TO THE PRIVATE STREET.
S.E. 120TH ST. I
N88'20'Ol"W 2649.19 (KCAS)
10 -:-::-::-:-::: ___ N88'20'04"W 2649.66 MEAS.
~ 1324.83 I 1324.83 1°f11
FOUND 2" BRASS DISK FOUND 2" BRASS DISK / WjPUNCH DOWN 0.2' IN
CASE CITY OF RENTON W/COPPER PIN NO
CONTROL PT. NO. 1849 PUNCH DOWN 1.65' IN
CASE CITY OF RENTON
,!J.J CONTROL PT. NO. 2101
N iIi n r..: b ;;;
o z
i-r)
FOUND 3" lco ~ N b
BRASS WITH I~ ~ ~ LOI ~
N88'20'37"W
1323.08
SURFACE LO .. LO 1'-
DISK ItO g to ~I 1/ FOUND 3" BRASS
W/PUNCH z to SURFACE DISK WITH
!8 [6~g.67 660.67 10 111 ~~~~~N Cb~N;OL
15 7--~---N8~~~0~95'~'WIi'(""2;;-;6;:;4~2~.6:;6-;M7rE::A~. -.:..:::!r:::..-----!.15!:'J.~14 PT. NO. 1852
N86'OO'23"W . 6 KCAS)
18.81 MEA. FOUND 2 1/2" BRASS N.E. 4TH ST.
SURFACE DISK W/PUNCH
RENTON CONTROL MON.
NO. 1851
SECTION SUBDIVISION
S£ 1/4 ~ m. TIP. 2JN. RGE. 5£,. ".11. N.rs.
BASIS OF BEARINGS:
N88'22'10"W 2623.87 (MEAS)
N88'22'17"W (RENTON)
N88"21'09"W BETWEEN FOUND MONUMENTS AT S.E. CORNER AND S. 1/4 CORNER OF SEC. 10, TWP.
23 N., RGE. 5 E., W.M. PER KING COUNTY AERIAL SURVEY SECTION SUBDIVISION.
CITY OF RENTON REFERENCE MONUMENTS:
NO. 1851 -3W DOMED BRASS SURFACE DISC W/pUNCH MARK AT THE CONSTRUCTED
INTERSECTION OF N.E. 4TH ST. (S.E. 128TH ST.) AND 140TH AVE. S.E.
NO. 1852 -3" FLAT BRASS SURFACE DISC AT THE CONSTRUCTED INTERSECTION OF N.E. 4TH ST.
(S.E. 128TH ST.) AND 148TH AVE. S.E.
1. ALL TIRE INF"ORMA TION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN
TIRE INSURANCE COMPANY SUBDIVISION GUARANTEE FOURTH REPORT ORDER NO. 4209-312390,
DATED MAY 21, 2004. IN PREPARING THIS MAP, CORE DESIGN HAS CONDUCTED NO INDEPENDENT
TIRE SEARCH NOR IS CORE DESIGN AWARE OF ANY TIRE ISSUES AFFECTING THE SURVEYED
PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY THE REFERENCED
SUBDIVISION GUARANTEE. CORE DESIGN HAS REUED WHOLLY ON FIRST AMERICAN TITLE
COMPANY'S REPRESENTATION OF THE TIRE'S CONDITION TO PREPARE THIS SURVEY AND
THEREFORE CORE DESIGN OUAUFIES THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT.
2) THIS IS A FIELD TRAVERSE SURVEY. A UETZ SET4C FIVE SECOND COMBINED ELECTRONIC
TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN
THE CONTROWNG MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR
EXCEEDED THOSE SPECIFIED IN WAC 332-130-090. DISTANCE MEASURING EQUIPMENT HAS BEEN
COMPARED TO AN N.G.S. BASEUNE WITHIN ONE YEAR OF THE DATE OF THIS SURVEY.
S) ALL DISTANCES ARE IN FEET.
4) ALL MONUMENTS SHOWN AS FOUND WERE FIELD VISITED IN OCTOBER, 2001, EXCEPT AS NOTED.
5) AREA OF ENTIRE SITE: 192,411± S.F. (4.4171± AC.)
6) AREA OF DEDlCATED RiGHT OF WAY: 56,lZ9± S.F. (1.2885± AC.)
9
RENTON
10
15
VICINITY MAP
1" = 4000';1;
coRE
\,; /DESIGN
1471 7 N,E. 29th PI. Suite 1 Q 1
Bel/eVlle, Washington 98007
425.885.7877 Fax 425.885.7963
ENGINEERING· PLANNING· SURVEYING
JOB NO. 02009
In o I I")
('oj
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<.5 w en
30'
HONEY BROOKE
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4.
SEC. 10. TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
SHEET 3 OF 5
LUA-XX-XXX-FP
LND-XX-XXX
SEE SHEET 5 FOR CONTINUATION
UNPLATTED
E. LINE W. 330' NE 1/4, SWl /4,
5E1/4. SEC. 10-23-05
10' WATER EASEMENTS REC. NOS. 18
9504240513, 20000105000508, & 20000105000509
14' 16' r 30' INGRESS, EGRESS,
UTiUTY EASEMENTS -REC.
NOS. 5005653, 5246438,
W 5989934 & 7904120866
en ~I r S. LINE N. 330' NE 1/4, 5W1/4. SE 1/4,
SEC. 10-23-05
..r o::i ~ ~I r ~ N;'.,O·':·W i r r~T 160 ..... 0...,5 ........ _
~ UNPLATTIED
------N-------g N88'20'37"W 170.06
:2-- --. - - - --18406-- ----~----. -------------N88"20'45"W --+---4--~/--___ _
w
~ '01")
.,-0 ,,0
00>
Z
NE 5TH PLACE . 48.02
-------------
118.04 --------------
1
10624± SF
N -------------
I") o ('oj o 0
0> 0
10
w
2
5456± S.F.
<@)
21' 21'
~ Z
~ :::>
SCALE: 1" 40' <X~xK> ~t_-----~N~8~8·~2~O'~45~w~W----~-~
'0 93.03 I 8 10' SIDEWALK & ~
~I -< z o
N88'20'45"W z ~ 3 UTILITY EASEMENT I ('oj --___ ~~~~:....!!_---__..o SEE NOTE 1, SHT. 2 C! 118.04 In 4651± S.F. I ~
<@9 I
N88'20'45"W I
o 20 40 80 1 1_.11-------11
..,. 93.03
0 ~ '<t z
0 0 ~ :d
Ol I'
c,j
N
-~ ~ ~
1---Z o u
LEGEND I!'i ;;; ~
~~, 10' PRIVATE DRAINAGE --'-11-1
.... " EASEMENT TO LOT .3 d SEE NOTE 2, SHT. 2 I ~ o:::i o ~
:::>
~ SET STANDARD CITY OF RENTON ~ CONCRETE MONUMENT IN CASE. AS I SHOWN UNLESS NOTED OTHERWiSE. < w ~ FOUND STANDARD CITY OF RENTON 1m :2
CONCRETE MONUMENT IN CASE AS In c(
'0 5 NOTED ~ 0 0
• SET 1/2" X 24" REBAR W/YELLOW 0 0 z :I: PLASTIC CAP STAMPED "CORE 37555"
0 FOUND 1/2" REBAR W/YELL.OW PLASTIC
CAP STAMPED "CORE 30427" UNLESS
NOTED OTHERWISE.
SET TACK IN LEAD W/SHINER "37555"
ON PROPERTY LINE EXTENDED 4.75 FEET
IN LIEU OF FRONT LOT CORNERS UNLESS
NOTED OTHERWISE.
'::>l.RT:.. C
CITY Cf RENTG.
LOT LINE ADJUSTMENT
LUA-03-123-LLA
REC. NO, 20040304900004
¥-' In 4 4652± S.F. I ~
ID C~! \ -S N88'20'~5"W I bt-------~~~~~--~~~ o 93.03 I z
N o o I[)
5
4640± S.F.
II' ('oj Ic-i
II") QXxx) I Ol
ll=12'56'34" :ri •
,~~~~~~~~ ____ ~L=_1~7~.8~5~4,80 81'<t ~ • 11 (:, 8 ~-' f\I jf~:
I,!!'"
~
&3 ~ I:tI rI.I
~ ~ rI.I
~ CITY OF RENTON STREET ADDRESS
30'
w 'm -10 '0
(:, o z
N88'ZO'53"W 210.07
N88"20'53"W(C) 372.66
149.65 (P) 149.59 (C) 661.10 --
180.88 (P) 180.96 (C)
NE 5TH STREET S. LINE NE1/4, SW1/4, SE1/4, SEC. 10-23-05
WlNDSONG DIVISION 2
VOL. 199, PGS. 32-35
REC. NO. 20010412001318
\
\
FOUND 3" BRASS [~U_RFACE DISK W/PUNCHOOC! FOUND 3" BRASS ---'\
10 __ - _ _ 660.67_1 J N88'21'09"W 2642.56 (KCAS) CITY OF RENTON
TRACT A
_ I N.E. 4TH ST, SURFACE DISK WjPUNCH
, ;I ---...;, -~88'21'09"W 2642.66 (MEAS.) (BASIS OF BEARINGS) CONTROL PT. NO. 1852
15 '--NB6'OO'23"W r-"...:.-V-------------,~---------==~:......:=--====-:=-=--==1~=--=-=:.....:=====!.b====-=----____ -~10~~ 18.81 (MEAS) \
\ FOUND 2 1 /2" BRASS
SURFACE DISK W/PUNCH
RENTON CONTROL MON.
NO. 1851
"-N88'22'10"W (CALC) 2623.87 (MEAS)
N8S'22'l7"W (RENTON)
...... 15 14
roRE
\: ,/DESIGN
14717 N.E. 29th PI. Suite 101
Bellevve, Washington 98007
425.885.7877 Fax 425.885.7963
EN GIN E E R I N G • P LA N N , N G· S URV E YIN G
.JOB NO. 02009
SCALE: 1" 40'
o 20 40 80 ... ' .I-!I----II
LEGEND
SET STANDARD CITY OF RENTON
CONCRETE i.lONUMENT IN CASE AS
SHOWN UNLESS NOIED OThERWISE.
€B FOUND STANDARD CITY OF RENTON
CONCRETE MONUMENT IN CASE AS
NOiED
• SET 1/2" X 24" REBAR W!yw-OW
PLASTIC CAP STAMPED ·CORE 37555"
o FOUND 1/2" REBAR WjYELLOW PLASTIC
CAP STAMPED "CORE 30427" UNLESS
NOTED OTHERWISE.
SET TACK IN LEAD W/SHINER -37555"
ON PROPERTY UNE EXTENDED 4.75 FEET
IN UEU OF FRONT LOT CORNERS UNLESS
NOTED OTHERWISE,
(§) CITY OF RENTON STREET ADDRESS
HONEY BROOKE
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4,
SEC, 10, TWP, 23 N" RGE, 5 E., W,M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
SEE SHEET 5 FOR CONTINUATION
14,1 16' 18 I 1'7 w • <0
10' WATER EASEMENTS REC. NOS.~
9504240513, 200001 C5000508,
& 20000105000509
I!) UNPLA TIED '0 r S. LINE N. 330' NE 1/4, SWI/4, SE 1/4. -rt-----t------_-' 0 SEC. 10-23-05
-=--=--=-J -~=--=--________ ~-~ ... ~--"---..;N.;.;8;,;8;.·,:;2.;;;O.,,:;' 3::.:7~ .. .:;W:-~1:.:;8~1.:,;,1~6:... _____ .L._~r--
----tl,... 48.02 - - - - --=----=-= ----N88'20'45"W-----303.20-- -______ _
z o -~
-N --------
30' INGRESS, EGRESS, --'\-'
Ul1UTY EASEMENTS -REC.
NOS. 5005653, 5246438,
5989934 & 7904120866
2
3
~ ------------~
~ o u
IJ::j o ~
4
~ -------------~
E-o ~
r;3
00
r::l r::l
5
00 -----______ ~
6
N03"33'07"W
6.82
- -661.10
III
I-
(J <: ~
255.18 -~ ~ ---~Q_------------------
-71;' <:t".. ______ 80.93 82.19 -?~
21'
IJJ Z
~ (~,97, -r-------------~ ~V' \)',9 ..:'<:9-w 1 -.~ 'O~ '00
21' ( ',97 7,9. : 16 6267± S.F. .,.,"',.,<0' I 11 :gN ::0<0-,/ \ ' o C! ~8Bx) .j v 21
IJJ ::::> ~I
w ~I
b ~I
" I 6252± S.F. .. g I ':i I QXxx) 8 10' SIDEWALK & --l v
I') I Z Ul1UTY EASEMENT I ~
SEE NOTE 1, SHT. 2 I ~
N88'20'45"W
106.58
I-10' SIDEWALK &
~ I UnUTY EASEMENT
ci I SEE NOTE I, SHT. 2
to I 10 5329± S.F.
I ~~&:>
N88'20'45"W
W ~N -0 o . ~O btO o
Z
N88'20'45"W
106.54
10' PRIVATE DRAINAGE
EASEMENT TO LOT 16, I N
SEE NOTE 9, SHT. 2 I d
15 5326± S.F. to ~I N88'20'45"W~ I
N,
0,
106.58 I--27' -wof--27'1 106.50 14 I
~ N 5324± S.F. cg~9 I
10' PRIVATE DRAINAGE
EASEMENT TO LOTS la, II,
SEE NOTE 2, SHT. 2 l gl
I
I
5329± S.F.
9 ~ I
N88"20' -:·5"W
10658
~ d ~54' PRIVATE ACCESS & I ~ b to I -o DRAINAGE EASEMENT. I ~
Z SEE NOTE 6, SHY. 2 I
N88'20' 45"W I
106.47 enl 1 :: I 5338± S.F. l'J 10' PRIVATE DRAINAGE
I') I ~~) 20'X30' Pi';IVATE }g ~ EASEMENT TO LOT 14, I N
en I DRAINAGE ~ASEMENT s: ci SEE NOTE 8, SHY. 2 I d
j en [;=08'55'56" TO LOT 8, I b to to
6.75
6.75
o '!j. N L= 18. 86 SEE NOTE 4, SH T. 2 ~ 13 5<§>323± S.F. I
o I II ,It) N88'20'45"W XXXX I
• -I 0 7~~------':;~i:<~.!.:.--,-rr---+---lL,~N~8~8~·2~0~' 4~sn~wC==--iL~ ~ It ;; 108.04 106.44
~~n ~ I~<Y <1 10' PRIVATE
DRAINAGE EASEMENT,
SEE NOTE 5, SHT. 2
PRIVATE ACCESS &
DRAINAGE EASEMENT,
SEE NOTE 6, SHT. 2
12
7941± S.F.
<8@g)
21'
14'
IJJ Z
~
,...I <
0
'" ::c ll'i 0
;;:)1 52
!.!S Ld ~'
~
'h
~ b 0 Z
14'
75.57 21.01 14.00
LINE
L1
L2
L3
L4
L5 TRACT A
L6
L7
L8
\
BEARING DISTANCE
N41'21'57"E 19.48
N53'49'12"E 11.58
N64"OS'38"E 16.83
mO"50'28"E 10.98
N7S'18'32"E 46.15
N69'54'07"W 15.47
N33'30' 43"W 21.87
:~\O'32'39"W 22.15
HONEY BROOKE
VOL 207. PG'S, 88-89
REC. NO. 20020731003106
2
I!)
<0 ro N ,.,.,
w " N ..-,..,
r 0 0 Z
coRE
\; /DESIGN
0 ~ <: -I a.. z
:::J
SHEET 4 OF 5
LUA-XX-XXX-FP
LND-XX-XXX
HONEY BROOKE DIV, 1\
VOL 216. PG's. 43-45
10
14717 N.E. 29th PI. Suite 701
Bellevue, Washington 98007
425.885,7877 Fax 425.885.7963
ENG IN E E R I N G • P LAN N I N G· S U RY E YIN G
..JOB NO. 02009
I
--1
I
I
I
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-i
I
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HONEY BROOKE
DIV. III
A PORTION OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4.
SEC, 10, TWP, 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
UNPLATTED
r N. LINE PER S.C.C. NO. 90-2-0038-9
N89i7'46"W 150,01 I --'1~4].OOO~==~~~~=:=:1~3~6.00Ll~~~:~==:--~--~-------o "\_
SHEET 5 OF 5
LUA-XX-XXX-FP
LND-XX-XXX
-
~ NE fj1H STREET ~ '-- -- -
N N89'17'46"W N N UNE NE 1/4, SW1/4, SE1/4, SEC. 10-23-05
I
I
I
I
60.00 60.00
14' 16' 22
I 6109± S.F.
~I @"8) ~~
~I lOr<) ~ 26' PRIVA1E -'0 N ~ I ACCESS, ' 0
I DRAINAGE &: g -
UTIlITY Z
21
6168± S.F.
cg~8)
, EASEMENT, I SEE N01E 11, LHT. 2 1-, , __
1.75 i N88'20'45"W l
12'Xl0' PRIVATEU~ N--r:t . 160.02 • DRAINAGE EASEMENT L ~
TO LOTS 20, 21 &: 22, ~ BJ -, r
SEE N01E 13,. I" I SHT 2 N LIJ N 26 X25 -
. ~ z"'-: I EMERGENCY ~
LIJ ~ I TURNAROUND ~ f") EASEMENT. w
..J ,.., I SEE N01E 12. ~ f") a.. ~ ;j I SHT. L b ;j 6182± S.F.
O ION 0 '0 ~ !L.I (,) ~:: -119 6182± S.F. g -~
10 <0 N I <8xxx) Z 1.()~01")
'0 d Z ,i-l0' PRIVATE SANITARY
~ ! I ~~~r E~~~tJ\~.~ T?, . z I j : ~HT. 2' ._ .. -,~ ".
1.751-~-N88'20'45"W--L
(
d----60.02----~-
-I-10' SIDEWALK & Z I UnLiTY EASEMENT
~ l' I SEE N01E 1, SHT. 2
N88'20'45"W
50.02
UNPLATTED
20
NB8'20' 45"W
60.02
<0 ~Ill tri I w
-0 l' I 18 ~ I") 17 I ~o r<) ~ ~ I 5876± S.F. ;:: g 6002± S.F. ~
06 , @&:> g -<&x~~ ~ ~~ I Z ~ ~ I ,'tx~ .10' PRlVA1E DRAINAGE
SEC. 10-23-05 ~ ."f a.<b <0 SEE NOTE la, SHT. 2
::J" ",v":J<b' .W Wff) --____ _
r o o z
UNPLATTED
UNPLATTED
10' WATER EASEMENTS REC. NOS.-
9504240513, 20000105000508, & 20000105000509 ! S. UNE N. 330' NE 1/4, SW1/4, SE 1/4, 14' 16' -I-l .">":,:> EASEMENT TO LOT 18,
~a ..L 35.65 60.02 SEC. 10-23-05
III
w Z
w I 3
N88"20'37"W 170.06 Vj)-t----+--~~ _ _'
--f-----~----------_",...._~ N88·20'37"W 181.16 I 184.06--------_____ t--__ ____ __ N r--
...r N88'ZO'4S"W --- --.:::::.-. - - - - - --N88'20'45uW-- - --303.20-________ _
_ ~ ~ __ ~___ NE 51H PLACE ~ 48.0Z 255.18 -1,-
Nr----------------------~~~~~~~~~~~~~~ LIJ N ~ or-t - -r--z -- - - ---. _ _ _ _ _ _ _ _ _ _ _ "
30' INGRESS, EG~ES~ ~ w " (0
1.()
b
0r-b o z
I
I
unuTY EASEMENTS -REC. >
NOS. 5005653, 5246438, <
5989934 de 7904120866 21' 0
2 ~I
d
1
21' t-
SEE SHEET 3 FOR CONTINUATION
SCALE: 1" --40'
o 20 40 80 , I~~!_~'
LEGEND
•
o
SET STANDARD CITY OF RENTON
CONCRETE MONUMENT IN CASE AS
SHOWN UNLESS NOTED OTHERWISE.
FOUND STANDARD CITY OF RENTON
CONCRETE MONUMENT IN CASE AS
NOTED
SET 1/2-X 24" REBAR W/YELLOW
PLASTIC CAP STAMPED "CORE 37555"
FOUND 1/2" REBAR w/YELLOW PLASTIC
CAP STAMPED "CORE 30427" UNLESS
NOTED OTHERWISE.
SET TACK IN LEAD W/SHINER "37555"
ON PROPERTY UNE EXTENDED 4.75 FEET
IN UEU OF FRONT LOT CORNERS UNLESS
NOTED OTHERWISE.
CxxO CITY OF RENTON STREET ADDRESS
-. -------,
11 16 -r 21' 14'
SEE SHEET 4 FOR CONTINUATION
coRE
\: /DESIGN
1477 7 N.f. 29th PI. Suite 101
Be/levtJe, Washington 98007
425.885.7877 Fax 425.885.7963
ENGINEERING· PLANNING· SURVEYING
.JOB NO. 02009