HomeMy WebLinkAboutLUA-04-071DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
MEMORANDUM
September 302004
City Clerk's Office
Arneta Henninger X7298
PARKVIEW HOMES FINAL PLAT
LUA 04-071FP
preliminary plat LVA 02-061PP
CAMAS AVE NE AND NE 24TH ST
Attached please find the above-referenced original mylar, and four copies of the mylar for
recording with King County.
The recording instructions in order are as follows:
1. Record the plat.
2. Record the Declaration of Joint Access, Utilities and Maintenance.
3. Write the recording number of the Declaration of Joint Access, Utilities and
Maintenance on the face of the plat on sheet 2 in the blank line under Plat Notes number
4.
Please have the Courier take these documents via:
4-hour service 10:00 AM deadline. A check in the amount of$15.73 is attached.
According to Finance, the King County recording fees for this and all subsequent plat
recordings should be charged to account #000/007.5590.0060.49.000014. Please call me if
you have any questions.
Thank you.
cc: Neil Watts
Kayren Kittrick
Sonja Fesser
Jan Conklin
Patrick 6th floor
.:'~ :.:" :": ", PMENT PLANNING DEV'6i~ OF RENTON
JUN 23 2001t
~\Et~~VED This SplCC ne.c"",d I'or Reconlcl's u~
~.~
~
Filed ror Record Ilt Rcquest or
Sammamlsh Escrow, Xnc.
AFTER RECORDING MAIL TO:
1P~ame ________ ~K~EUI~T~H~P~~P~EAH~P~SL-____________________________ _
Address "JOB HE 24TH sr
-CiiY. Stete. Zip RENTON. W'A 98056
Escrow number: 94424B
:;! Statutory Warranty Deed
u:> o o THEGRANTOR LORIE H. REEVEs-mUTE, AN I1NHARRIED.PERSON, AS HER SEPARATE ESTATE
N 1.1) o for Ilnd In consideration of TEN DOLlARS AND OTHER COOD AND VALUABLE CONSlDERATION ~ a") in hand paid, conveys and wanants to KEITH D. DEMPS AND ANNETTE B .. DEMPS, HUSBAND AND WI FE
". ~ ...... ~ ~
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the following descrihcd real eslllte. situated In the County of KING ,SIll!!, ofW:uhinglOn:
.': _ I~ THE EAST HALF OF TRACT 223, C.D. tlILLMAN'S I-'\KE W'ASHINGTON GARDEN Ot" EDEN
"~ .. H· ADDITION TO SEATTLE DIVISIOt~ NO.4, ACCORDINC TO THE PLAT THEREOF. RECORLIED IN
:! -, i ~ VOLUHE 11 OF pum. PAC"S) .2. ,. "NC COUNTY •• ".'NCTON.
~=IU ~ -~. i9_L; SUBJECT TO: . Ali EASEMENTS. RESTRIcTIONS, RESERVATIONS. CONDITIONS, COVENANTS
AND AGREENENTS OF RECORD AS SHOWN ON "EXHIBIT AM ATTACHED HERETO.
APPROVED AND ACCEPTED BY: ~.Rf?/~ a-:",,-,,~ ~ ~. DL'-y\(?~
Dated this 13 day of Hay • 1994
~M~EV~.0.h..~ .. t.? .......... By
Dy .............................................................................................. By
STATE OF WI\!'HUtUJ.'t.QtL_ .. _. _._ .• __ . __ } COUNTY OF lUtiC;L ____ ._. _____ :.._ 55
I certrry Ihal I know or have satisfactory evidence tnat LORI H. RE~~
...J.!L. the person__ who appeared belore me. and said person __ acknowledged that
~ signed this Instrument and acknowledged It to be...hJu:...-free and voluntery act for the uses and purposes
mentioned I~~~~t. / _f' '
Ooted: --C ._' ;l~~h"7"iZ---"..-.., m~-.:~, <~;,,,r r 0 ('\/? '7./'7 C\ !!Sf ~OTAFiU'1'~·"":z.\ '-Q ..... eo .... (. .... C' >4>t' c?~
. ~ i ---~ IRENE C. BALLEW' ~ <!3. \ fUBL~ ~; Notary Public In and for the State of ...lla.StlllliIT.QuN ____ _ "~,,.~,~ ~ ,&0; . Residing at ~ __ -::-_____ _
f."O;: WAS·t-\~ ... :;; My appointment e)(plres: ...l.~am ___________ -, """~"'"~''' £~375553 O~/20/i994 2849.00 ~60000.00
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EKHIBI'I' "An
" 1. rtELEASE Of' DJ\KJ\CE AOREEHEN'l' J\Ifl) TIlE TERMS AJID CoNDITIONS THEREOF,
DETWEEN:
AND I
rtECOnDED:
rtECOnDXUe nUHBER,
OWNERS
KXnG COUNTY
PEDRUAnY 4, 1959
499:1001
RELEASING KINe COUNTY FnOM ALL FUTURE CLAIMS FOR DAMACES RESULTINC FUOK.
ANY DAMACE TIIAT MAY DE CAUSED BY TilE tlA'l'l1RAL FLOW OF SIffiFACE WATER FnOK
TilE PLAT OF .:I.E. CATTEN NlDI'rrON.
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.... . '~,'!u-st tL""t~:.~ . .,. .... ~ !!'IS ~_ tllat. the1 &Joe theCllmll'I (MDaAt;,
~) of toW ~pu'OOIl. .Qt',laId -...n.bed." toll.$U. '. : .
FEB 4 1959
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\\~ lEN IIECOROED RETURN TO:
Olllcv of Ih. clly c1~'k ,/ Ron,an Munldp~1 Dulldlng
200 MUI Av~n\l.Soulh
Ilon,un. WA 91!U55
o
CITY OF RIiNTON
SANITARY SE'.'qER EXTENSION AGRIiEMENT
DAn Ju
RECEIVED
AUG 1 9 1994
I. We ____ ...;1:;;.,:'[;:,:. I:.:.T:.:.II..:D~FJ~IP:.:.S:....-______________ owner(s) of
Address 2308 He 24TH s.. ReNTON WA. 96Q56
King County Tax Account 1(334390-0660-0 legaUy described lIS fonows:
TIlE EAST HALF OF TRACT 223. C. D. HILLNAN"S LAKE WA511INGTON GARDEN OF EDEN
ADllITION 'ro SEA'IiLB DIVISION NO.4. ACCORDING TO TilE PLAT TIIEREOF. RECORDED IN
VOLU~IF. II OF PLATS. PAGES(S)B2. LN KING COUNTY. WASHINGTON;
for and 10 cOnSldenUon of the Renton Sanitary Scwcr Department grnnUng II permit to
connect to a sanlury sewer ~In . W M-tb :sr for the IIboye property.
HNI~
. ornle ownet(s) of the aboye-<lescrlbed property, their successors. heirs and IISSJgns, hereby
Dgree :md coVenant:
1. To partlclpllte In. sign a petition In support of. :lnd :lceept any LocnJ Improyement
District (1.10).
2. To participate In 01' sign apetilion In support of lIny other Clty·lnIU:lted propos:al, other
than an UD. and pay their fall' sh:tre thereof.
3. Otherwise f1nanclally or physically participate 10 any propos:ll. Clty·lnIllated or
otherwise,
forlhe purpose of extension of the sanitary sewer main In W 2k -f1:. ST
when required by the Renton SubdiVision Ordinance or as directed by the Admlnlstrator
of Public Works. Despite the langullge In City Code SectionS-S-2(d) the undersigned
will COMect to a sanlury sewer. !=ven Ir such sewer is InstA1led by Il developer for the
purpose of meeting platting reqUirements lind the undersigned Is not an owner within
the confines of slIld plat.· .
REOF I (w.:) have hereunto Sci my/our hand(s) :md seal the d:ly and year
L:Z:~ L ___ {~.~) AUG 11994
KING COUNTY
HF.COROER
STATEOFWASHINGTON )
) 55.
COUNlY OF KING )
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(Se:tJ)
I, ANNEITE DENPS , a Not:lry. Public In and for the State of Washlngton,
residing at 2302 NE 12TII , do hereby certify th:lt on thls..1L dllY of JULY • 192!!.
person:illy Ilppeared before me I:EITII DE~IPS , to me known to be the
Indlvldual(s) described herein and who executed the wlth10 instrument and acknowledged
thllt ~ signed and scaled the 5:1me lIS free :md volunury act and
deed for uses and purposes therein mentioned.
WITNESS my hand lind official seal the day nnd YClir In this certUlClite first above
written. -:tt.. . ~. / TT'i'tf-OClS"O' O-"-I""'U:.,...\.. ~ ~p..LJ
,-/°Vt:'Oo(;1f,S35.;.t),4-9.1'f Noury Public In :md for the SUte of
Washington. residing lit 2302 HE 12TH
f/fOMu/rrop-mwnl/uneuJVf>II)-?IJllh
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RETURN ADDRESS:
BOEING EMPLOVEES' CREOIT
UNION
P.O. BOX 97060
Seattle, WA 811124-8760
PACtFtC NY TXT DT 23 .••
19881201000408
PAGE "I iF eee ~"8160O=Tv~·~·
FrLEDBY PNWT DEED OF TRUST 'C /~ -0
W 2..0<...{ 0-b Aaalgnnient of Renta and Security Agreement
Reference # (If applicable): 31 0535660613YSIAddltlonai on page __
Gran~or(6):
1. Demps, Annette B
2. Demps, Keith D
Grantee(s)/AsslgneelBeneflclary:
BOEING EMPLOYEES' CREDIT UNION, Beneficiary
Pacific NW Title Company, Trustee
Legal DescriPtion: A PTN OF TRACT 223 ..... C.D. HILLMAN'S LAKE 'WASHINGTON GARDEN OF EDEN ADD Tv SEATTLE OIV NO.4, V 11, PG 82, IN KING COUNTY.
Assessor's Tax Parcel 10#: 3343900860 PO
Additional on page 2
THIS DEED OF TRUST IS DATED NOVEMBER 23, 1999, among Annette B Demps and Keith D
Demps, husband and wife, whose mailing addresa Is 2308 NE 24th Street, Renton, WA
98056 (referred to bBlow as "Grantor"); BOEING EMPLOYEES' CREDIT UNION, whoae mailing
address I. P.O. BOX 97050, Seatue, WA 98124-97&0 (referred to below .omeUmea a.
"l;ender." a~d s'omtiiUmes' lie "Beneficiary",); al1d-Paclftc NW 'I'HIe' COmpany, whOse mailing
address I. 1201 Third Avenue, Suite 3800~ Saattle, WA 98101 (referred to below aa
"Trustee"):
c::o = -:> = ::> c::>
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c--.. en en . .."..,
c:r> c:r> en
.-
11-23-1999
Loan No 535 66 0613
DEED OF TRUST
(Continued)
Page 2
CONVEYANCE AND GRANT. For valuable coneIdenIlIon, Oranlor convey. 10 Trual_ In trulll wit ... power 0' "'e, rtght
0' enlly .... d poaaeaeaon and for lhe beneftl or Lender lIS se-ftCIaIy, all of Granlor's righi, ~ne. end Inleresl In end 10 lhe follOWIng described t88I property, together with em 8Xlsllng or lIubaaquenlly eractad or affixed buildings, Improvements and Ibctures; ell easements, rights of way, and~ appurtenanoea: aU weter, weier rights and ditch rights (Including slack In utilities
Wllh dllch or Imgallon rights): end all ol~ rights, royalties, and profits relating 10 the t88I pr~!'IY, IncludIng Wllhout I"rutabon
all minerals, oil, gas, geothermal and similar mattera, located In King County, State of Waahlngton (the
"Real Property"):
n-tE EAST HALF OF TRACT 223, C,D. HILLMAN'S LAKE WASHINGTON GARDEN OF
EDEN ADDmON TO SEATTLE, DIVISION NO.4, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 11 OF PLATS, PAGE(S) 82, IN KING COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
SUBJECT TO EASEMENTS, COVENANTS, CONDmONS, RESTRICTIONS AND
PROVISIONS OF RECORD, IF ANY.
The Real Property or Ita addreaa la commonly known 8. 2308 NE 24th Street, Renton, WA
98056. The Real Property tax ldenbllcatlon numb_ IS 334390 0B60 00.
Grantor hereby assigns as security to Lender, all 01 Granlor'1I righi, tille, and Inleteslln and to a11laases, Rents, end profits of
Ihe Properly. Thts assignment Is recorded In accordance With RCW 66.08.070: the hen CI'98Iad by thts assignment IS Intended
to be specofic, perfected and choata upon Ihe recordIng of Ihls Deed of Trust. Lender grants to Grantor a hcense 10 collecl
the Rents and prOfits, which license may be revoked at Lender's option and shall be automatically revoked upon acceIaraUon 01 alt or part of Ihe Indebledness.
2. DEFINITIONS. The follOWIng words shall haw the following meanings when used In Ihls D_d of Trust. Terms not
olherwlse defined In thIS Deed of Trust ahall heve lhe meanings sttrtbulad to such terms In the Uniform Commercial Code. All
references 10 dollar amounls shall mean amounts In lawful money of the United Stales of AmerIca.
Beneficiary. The word '13enellcoary" ..-ns BOEING EMPLOYEES' CREDIT UNION, Its successors and assIgns.
BOEING EMPLOYEES' CREDIT UNION also Is relerred 10 as "Lend ..... In Ihls Deed of Trusl.
Credit Agr_ment. The words "Credit A~enl" mean .he revolving credit .greemen. dated: November 23,
l_, with a credit IImll In the amount of $100,000.00, belw_n Grantor and Lender. togelher wllh all
renewsls, extenSions, modillcatlons, refinancings; and substitutions tor the Credit Agreement. NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARiABLe INTEReST RATe.
~ ot Truat. The words "Dead of Trust" mean thIS Dead of Trust smong Grantor, Lender, and Trustee; end Includes
wllhout IImllalton all assignment and security Interest prolllsions relating to the Personal Properly Bnd Rents.
Exlsllng Indebtedne... The worda "ExIsting tndebtedness" mean Ihe Indebtedness described below In the ExIsting Indebledness section ollhls Deed 01 Trust.
Grentor. The word "Granloo" means any Bnd al\ persons and entities executing this Deed of Trust, IncludIng without
hmllabon ~Annette,B,Demp$ ,1lIld 1<el!h.,D.DernPs. ~
Guarantor. The word "Guarantoo" means and Includes Without Ilmltabon any and all guarantors. surellea, and accommodation partIes In connectoon with the Indebtedness.
Improvement.. The word "Improvements" means and Includes WIthout IImltallon all existIng end tulure Improvements,
bUIldings, slructures, mobile homes affixed on lhe Real Property, facilities, additions, replecemenls and olher
conslrucbon on the Real Property.
Indebtedn..... The word "Indebledness" ..-ns all pnnclpal and Interest payable under the Credit Agr_mant and eny amounts &xpended or advanced by Lender 10 dIscharge obligations cf Grantor or expenses Incurred by Truslee or
Lender 10 enforce obligations of Grantor under this Deed 01 Trusl, together with Intarest on such amounts as prolllded In
this Deed 01 Trust. Specifically, williout limitation, Ihls Deed of Truat _es a revofvlng line or cnNIIt, with a
variable rate or Int_at, which obligate. Lender to make edv_ 10 Gnlntor up to the credit limit _ lOng _
Grantor compile. with all tha lenna of the Credit Agreemenl .... d the line or credit has nol been terminated, _...,ended or cancelled. Such adVance. may be mode, repaid, and remede from lime to lime, subjecl 10 .he IIml ... lon Ihel the lolal ....... andlng balance owing at -r one lime, nol including fI~ charge. on such """"ce
al s fixed or variable rate or .um .. provided In the Credit Agr_enl, any lemporary overage., other charge ..
and any .....-ant. expended or advanced .. provided In thl. paragraph, ahall not exceed the Credit Umlt ..
provided In Ihe Credit AgI'eemenl. II Is the Inlenllon 0' Gr_.or and Lender thai thl. Deed 0' Tru" aecu .........
balance out.landlng Under the Credit Agreem_t from lime 10 lime from zero up to the Credit Umll as provided
above and any Intennadlate balance. Fund. may be advanced by Lender, repaid, and eubaequently ~vanced.
The unpaid balance or lhe ~revofvlng line of credll may at certain lime. be loWer tlYn lhe amount shown or zero.
A Zllt'0 baience doe. not terminate lhe line or creesll or terminate Lencltw'. obligation to edvance fUnd. 10 Gnntor.
Therefore, Ihe lien 0' this Deed of Trust will remain In fUll torce and effect nolWllhslandlng any zero balance.
Lender. The word "Lender" means BOEING EMPLOYEES' CREDIT UNION, Its successors and USlgns.
Pen.onal P~. The wcrds "Personal Properly" mean aD eqUipment. fixtures. and other articles of personal property now or hereafler owned by Grantor, and now or hereafler attached or atllXed to the Real Propeny; together with all
accesSIons, parts, and addlbons to, all replacements of, and all substltubons for, any of such property; end logether wllh
all Issues and profits thereon and proceeds (Including wlthouilimilation all Insurance proceeds and refunds of premiums)
from any sale or olher dlsposlnon 01 Ihe Prcpeny.
Property. The word "Property" means eollectlvely the Real Property and the Personal Property.
Real PrOJMWlY. The words "Real Property" mean Ihe properly, Inlerests and nghts descrtbed above In the "Conveyance
and Grant" section.
Reillted Documenta. The words "Relaled Documents" ..-n and Inolude Wlthoul IImltanon all prolTllssory noles, credit agreements, loan sgr_ments, enVIronmental aar_menls, guaranlles, secunty agr_ments, mortgages, deads of trusl,
and all other Instruments, agreements and documents, whether now or hereafter exiallng. executed In conneotoon with
the ~ Indebtadness.
Renl.; The word "Rents" means all present and future rents, revenues, lneoma, issues, royalloes, prOfits, and other
benefits derived trom the Properly.
Tru"_. The word wrrustea" means Paclllo NW 1111e Company and any aubslltule Dr successor trustees.
......
11-23-1999
Loan No 535 66 0613
DEED OF TRUST
(Continued),
Page 3
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS
AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE
OF EACH AGREEMENT AND OBLIGATION OF GRANTOR UNDER THE CREDIT AGREEMENT, THE RELATED
DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: .
3. PAYMENT AND PERFORMANCE. Except .... otherwise provided In this Deed of Trust, Granlor ahall pay 10 Lender all
amounla secured by this Deed ot Trusl as they become due, and shall stricUy end In a timely manner perform all ot Granlor's obllgallons under the Credll Agreemenl, thIs Deed ot Trwl, and lhe Relaled Documents.
4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor ag_ lhal Granlor'a possessIon and use 01 Ihe
Property shalf be governed by the followtng provisions:
~.alon and UN. Until the OCCUrTence of an Event of Default, Grantor may (a) remain In possessIon and control of
the Property, (b) use, operate or manage the Property, and (c) collect any Rants from the Property (Ihls privilege IS a
lI_nae from Lender to Grantor automatically revoked upon default). The loIIowtng provisions ralate 10 the Ufie of the Property or to olher limitations on the Property. The Raal Property Is not used principally for agnculture or farming purposes.
DUty to Maintain. Grantor shell maintain lhe Property In lenantable condillon and promplly perform all repairs,
replacemenla. and mainlenance necessary 10 preserve,,1Is value.
Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "raiease," and .,hreatened
release," as used In this Deed of Trusl, shall have Ihe same maanfngs as sal forth In Ihe ComprehensIve Environmental
Response, Compensatlon. and UabUIIy Act of 1980. as amended, 42 U.S.C. SectIon 9601. et seq. ("CERCLA"), Ihe Superfund Amendmenla and Reauthonzatlon Acl of 1988. Pub. L. No. 99-499 ("SARA"). lhe Hazardous Metenals
Transportation Acl, 49 U.S.C. SectIon 1801, el aeq., the Resource Conservabon and Recovery Act. 42 U.S.C. Secllon
6901. et seq •• or olher applicable state or Federal laWs, ruIn, or regutabons adopted pursuanl to any of the foregOing.
The terms "hazardous waste" and "hazardous substance" shalf also Include. wllhout IImltallon, petroleum end petroleum bv-products or any fracllon thereot and asbestos. Grantor represenla and warTanla to Lende<' Ihet: (a) Dunng the
period 0' Grantor's ownershIp of Ihe Property. there has been no use. generallon, manufaolure. storage, tr_tmenl.
disposal, retaasa or threatened release of any hazardoUS waste or substance by any peraen on, under. abouf or from the
Proparty: (b) Grantcr has no knowledge of, or reason to belIeve that there has been, excepl as prevloualy disclosed to Qnd acknowledged bV Lender In wrlUng. (I) eny use. generation, manufecture, storage, treatment, disposal, release, or
threatened release 0' any hazardous wQste or substance on. und8f', about or from the Property by any prior owners or
occupants 01 the Property or (II) eny aolual or threatened IIHgalion or ctalms ot any kInd by any person relabng 10 such
matters: and (c) Except as previously dISClosed 10 and acknowledged by Lender In wrillng, (I) neither Granlor nor any tenant, contractcr, agent or other authorized user 0' the Property shall use, generale. manulacture, slore, treal, dispose
of, or relaase any hazardous waste or substance on, under, about or from Ihe Property and (II) any such acllvlty shall be
conducled In compliance With all applicable federal. slale, and local laws, regulallons and ordInances. Including wlthoul
IImllaHon those laws, regulaHons. and ordInances deScribed above. Granlor aulhortms Lender and lla agenls 10 enter
upon Ihe Property to maka such tnspectJons and tesla, al Grantor's expense, as Lender may deem approprlata to
determine compliance cl the Property wllh thIs section of the Deed of Trust. AnV Inspections or tesla made by Lender
shall be lor Lander's purposes onty and shall not be construed to create any responsIbility or IIabUlty on the pari ot Lender to Grantor or 10 anv other person. The representations and .warranlles conlalned herein are based on Grantor's
due diligence In Inveshgatlng the Property for hazardous waste and hazardous substances. Grantor ~y (a) relaases
elJd , ~a!~ .. any. future .• ~lmfi,,~glt!OS'. L,er.1d."r,.,fC)r .. I!1~ml}l!Y.,or.,. cpn!f:lb!,l1!i;)'1' 1f)}heA~V8!1t. ~ra.m~, ,~~omas · .. II.~.ble tor claanup or other costs under any such laws. and' (b) sg_ to Indemnify and hOld harmlGss Lenoor against any and all
. claIms, losses. liabilitIes, damages. penallles, and expe....s which Lender may dIrectly or IndlrecHy sustain or suffer
resulling from a braach 0' Ihls section ot the Deed of Trusl or as a consequence of any use, generabon, manufacture,
. stcrage, disposal, release or threatened relaase occurring prior to Grantor's own_hlp or Interest In Ihe Property,
whether or not Ihe same was or should have been known to Grantcr. The provlslcns of thIs secbon ot the Deed 0' Trust, Including the cbllgatlon 10 IndemnIfy. shall survive the paymenl of the Indebledness and the satlstacbon· and reconvevence ot the lien ot this Doad of Trust and shall not be affected by Lender's acqulslt10n of any Interest In the
Properly. whether by forectosure or olherwlse.
NuIsance, Waste. Granlor shall not cause, conduct or permll any nuIsance nor commit, perr"'t, or suffer any stripPing of or wasle on or tc the Property or any porUon of the Property. WithOut IImlUng the ganerallty ot the foregoing, Grantor Will
not remove, or grant 10 any other party the rtghl to remove, any Umber, minerals (IncludIng 011 and gas), SOli, gravel or
rock producls without the prtor written consenl 0' Lender.
Removal ot Improvement.. Grantor shall not demolish or remove any Improvemenla from the Real Property Without the prior· written consent of Lender. As a condition 10 the removal of any Improvements, Lander may requIre Grantor 10
make arT!,ngemenla sallsfactory to Lender 10 replace such Improvernenla WIth Improvamenla ot at least equal value.
Lender'. Righi to Enter. Lender end lis agents and representatives may enler upon the Real Property at all reasonable
Ilm<HI to alland 10'Lander's Interasla and to Inspect the Property lor purposes of Grantor's compliance with Ihe lerms end
condlbons of thiS Deed Of Trusl.
Compliance Wllh Governmental Requirement.. Grantor shan promptly comply, end shall promplly cause compliance
by aU agents. lenants or other persons or enUlln of every nature whalaoever who rent. lease or otherwlSG use or occupy
the Property In any manner, with all laws, ordinances. and regulations. now or hereafter In eHect. of all governmental
authontlas applicable to Ihe use or occupancy ot Ihe Property. Grantor may conlesl In good faith any such law.
ordInance, or regulabon and withhold compliance dunng any proceedIng. IncludIng appropnate appaalS, so long as
Grantor has notltled Lender In wriUng prlcr to doing so and so long as. In Landar's sole opInion. Lender's Interests In the
Properly are not jeopardl_d. Lender may require Grantor to post adequate security or a surety bond. raasonably satlstaclory 10 Lender. to protect Lender's Interest.
Duty to Protect. Granlor agrees neither 10 abandon nor leave unattended Ihe Property. Grantor shall do all other acts,
In. addition to those acla 1181 forth above tn thIs section, which from lhe character and use 01 the Property are reasonably
necessary to protect and preserve lhe Property.
5. DUE ON SALE -CONSENT BY LENDER. Lender may, al lla option, (a) declare ImmedIately due and payable all sums
secured by this Doad cf Trusl or (b) Increase the Interest rate provided for In the Credit Agroament or other document
eVIdenCing the Indebtedness and Impose such other condlllons aa Lender deems appropnale, upon lhe sale Dr transler,
wlthcut the Lender's prior wrItten consent, of all or any.parl of the Real Property. or anv Intarest In the Real Properly. A "sale
or transler" means the convevence of Real Properly or any rlghl. title or Interest therein: whether legal, beneflclat or equllable:
whelher volunlary or Involuntaryi whether by oulrtght sale, deed, Installmenl sale contract. land contract, contract for doad,
teasehold Interest With a term greater than three (3) years, Iease-optlon contract, or by aaIe. assignment, or transfer of any
beneflclel Interest In or to any land trust holdIng lIt1e to lhe Real Property, or by any other method of oonveyance of Real Properly Inleresl. However, thIs opbon shall not be _erclsed by Lander If such exercIse IS prohibited by federal taw or bV
WashIngton law.
8. TAXES AND LIENS. The tollowlng provisIons retatlng to lhe laxes end Hens on the Property are a part 01 thIS Deed of
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Trust.
Payment. Grantor shall pay when due (and In all 8\l8nls prior to dellnquenoy) all laxes, special taxes, asseasmanls,
charges (Including water and sawer), flnes and Impositions levied against or on account of the Property, and shall pey
when due aU claims for work done on-or for services rendered or matertal furnished to the Property. Grantor shall
maintain the Property free 01 all liens having prlortty over or equal 10 the Interest 01 Lander under this Dead of Trusl, except for the hen of !axes and _menta nol,due, excepllor lhe axlshng Indebtedness referred to balow, and axoapt as oll>BlWlse prOVIded In Ihls Dead 01 Trust.
RighI To Conlest. Grantor may Withhold paymenl 01 any tax, assessment, or ctalm In connecHon wllh a good fallh dispute over the obllgabon to pay, so long as Lander's Intaresl In the Property Is nol Jeopardized. II a Den arises-or IS filed as a resull 01 nonpaymenl, Granlor shall wlthtn fiftean (16) days after the llan an-or, If a lien Is IIled. within I1ftean
(16) days allar Grantor has nOboe ollhe fiUng, secure the dlschBtge 0' lhe hen, or I' requestad by Lander, deposll wllh
Lander cash or a aulflclent corporale surety bond or on-88CUI1ty satlstactory to Lender In an amounl sUftlCleni to
discharge the lien plus any coals and attorneys' faeII or oIher charges that could aocrue as a reBull 01 a foreclosure or
sale under the lien. In any contest, Grantor shall defand ItaeH and Lender end shall saltsly any ad __ Judgmenl belore
enforcement against the Property. Granlor shall name Lander as an additional obligee under any surety bond lumlshed In the conlesl procaadlngs.
Evidence a. Payment. Grantor shall upon demand furnish to Lander satisfaclory evidence ot payn.ant 01 the taxes or
assesamenta and shall aulhortza the appropnate governmental olficlal 10 dell ....... to Lander al any bme a written statement of the taxes and assessments agalnsl the Property.
Notice 0' ConstructIon. Grantor shan noUIy Lander al laaal flftean (16) days before a':'y work IS commenced, any
SftIVlCeS are furnished, or any malariala ara aupplled 10 lhe Property, If any mechanIC's hen, malarlalmen's lien, or oIher han could be asaarlad on aocount 01 the work, B8fV1oas, or materials. Grantor will upon requasl 01 Lander turnlsh 10 Lender advance assurances Sabsfactory 10 Lender Ihat Granlor can and will pay the cost of such Improvements.
7. PROPERTY DAMAGE INSURANCE. Tha lollowlng provisions ralaUng to Insuring the Property are a part Of this Deed 01 Trust.
Melnlenance 01 Inaurence. Grentor Shall procum and maintain pollelaa 01 fire Insurance With standard extended ooverage endorsaments on a replacement ba.sIs for the fun Insurable value covering all Improvamenta on the Real
Property In an amount sufllclenl to avoid application of any oolnsurance cleu .. , and with a standard mortgagee Clause In
lavor 01 Lender. togatr-with such olher ha-.-d and Uablllty Insurance as Lander may reasonably raqulru. Pollclaa shall
be Wrilten In lorm. amounts, coverages and basis reasonably acoeptable to Lender and Issued by a company or
companies reasonably acceptable to Lender. Granlor, upon req..at of Lander, wdl deliver 10 Lender from lime to lima
the pollCl8B Dr carttllcales 01 Insurance In form sallsfactory to Lander, Inctudlng allpuleboos thai coveragatl WIll not be
cancelled or diminIShed without at least_tan (10) days' prior written nollce to Lander. Eaoh Insurance polJoy atao shall
Include an endorsement providing lhat coverage In favor of Lander Win not be Imp8lrad In any way by any act, omissIon
or dafault of GrantOr or any other person. ShOuld lhe Real Property at any lime become located In an area deslgnaled
by the Director of the Federal Emergency Managemant Agency as a apectal flood hazard area, Grantor agrees to obtain
and malnlaln Federal Flood tnsurance for the full unpaid pnnclpal balance 01 the I_n, up to the ma'"mum polICy Ilmils
sel under tha Nallonal Aood Insurance Program. or ss otherwise required by Lander, and to maintain such Insurance for
Iha larm of tha loan.
Application of Proceed.. Grantor shan promptly noUly Lender of any loss or damage to the Proparty. Lender may
make prool-of-loss·I'-Grantor falls --to do '110 wtthln"lIfteen -(16) dliYs 'of-thO -casualty. --Whether-or --not Lender's seounty-IS
Impaired, Lender may, at Ita election, r_lve and relaln tt'8 proceeds 01 any Insurance and apply the proceeds 10 Ihe
reducUon of the Indebtedness, payn.ant 01 any lien aflacUng the Property, or the restorabon and repair of the Property. II
Lender elects 10 appty the proceeds to restoraHon and repair, Grantor shall repair or replace the damaged or destroyed
Improvemants In a manner -satisfactory to Lander. Lender shall, upon satisfaclory proof 01 such expendltura, pay or
reimburse Granlor from the procaeds for Ihe reasonable cost of repair Dr restorellon If Grantor Is not In default under thiS
Deed of Trust. Any proceeds which have not been disbursed wllhln 180 deys aller their receipt and which Lender haS
not commlUad to tha rapalr or restorallon of the Property shall be uSed firsl to pay any amount owing to Lander under llus Deed of Trust. than to pay accrued_Interest. and lhe remainder, .. any, shall be appUed 10 lhe prlnctpsl balence oltha Indebtedness. If Lander holds any proceeds afte< payment In tull Of tha Indebtedness, such proceeds shall ba paid
wllhout Interest 10 Grantor as Grantor's Inleresls may appear.
UnexpIred tnaur_ at SIde. Any Unexpired Insurance shall-Inure to the benefit of, and pass to, lhe purchaser of tha
Property covered by Ihls Deed of Trusl at any trustee's sale or olher saJe held under the provisions of Ihls Deed of Trust. or at any lorectosure sale of such Property.
COmpliance with existing Indebtedneaa. During Ihe period In which any Exlsltng Indebtedness descnbed below IS 10
effecl, compUance with the Insurance provisions contained In the Instn.tmenl evldanclng such ExIsting Indebtedness shall constltuta compliance with the Insurance provisions under this Dead 01 Trust, to the axlent comphance with lhe terms of
this Dead ot Trust would conslttute a -dupUcaUon of Insurance reqUirement. If any proceeds from the Insurance becoma
payable on loss, the provisions In this Dead of Trust lor division of procaads shall apply only to that portion 01 the
proceeds not payable to the hOlder 01 the existing Indebtedness.
•• EXPENDITURES BY LENDER. "GrantDl" lalla to comply with any provision 01 this Deed 0' Trusl, Including any obllgahon
to maintain ExIsting Indebted_ In good standing as required below, or " any action or proceeding 1& comn>anced thai
would materially affect Lender's Interests In the Property, Lander on Grantor's behalf may. but shall nol be required to, take
any ecHon thtst Lander deerna eppropnate. Any amount that Lend .... expends In ao doing WIU bear In_t at the rate
provided for In the CredH Agreement from the data Incurred or paid by Lander 10 the data 01 repayment by Grantor. AU such
expenses, at Land ..... s opUon, wlU (a) be payable on demand, (b) be added to the balance of lhe credit Une and be
apporUonad among and be payabla with any Installment payments to become due during e\Iher (I) the term 01 any applicable
Insurance policy or (II) the remaining term of the Credit Agreement, or (a) be treated as a balloon payment which wlU be due
and payabla at the Credit AQraemenfs maturity. -This 0eecI of Trust also will secura payn.ant 01 th_ amounts. The rlghls
provided lor In this paragraph shall ba In addllton to any other rights or any ramedles to which Lander may be entitled on
account of the datsull. Any such acllon by Lander shall not be constn.ted as curing lhe default so as to bar Lender trom any
ramedy that H otherwise would have had.
9. WARRANTY; DEFENSE OF TITLE. The following prOvisions ralaHng to ownership ot the Property are a part of Ihls Dead 01 Trust.
-Tille. Grantor warrants that: (a) Grantor holds good and marketable Utle of record to the Property In faa Simple, tree and
olear of all Dens and encumbrances other than Ihose set forlh In the Real Property description or In tha ExlsUng
Indobladneas aactlon below or In -any Ulta lnaurance policy, bUe report, or flnal tllta OPInion Issued In favor ot, and
accepted by, Lander In connection with this Dead of Trust, and (b) Grantor has lhe full rtght, power, and authority to
executa and deliver this Dead 01 Trust 10 Lander.
Deten_ 0' nile. SubJect to lhe exception In the paragraph above, Grantor warrants and will forever defand the Utle to
the Property agalnsl the lawful ct8lms of all Persons. In the event anyacHon or proceeding Is oommenced that queshons
Grantor's title or tna Interast of Trwtee -or Lander under this 0eecI of Trust, Grantor shall defend the action at Grantor's
expense. Granlor may be Ihts nominal party In such proceeding, but Lander shall be entitled to parhOlpale In the
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proceeding and to be represented In tha proceeding by oounsel or Lender's own choice, and Grantor will dallY8r, or
cause to be delivered, to Lender such Instruments as Lender may reqlMSt Irom lime to lime to permit such parttclpatlon.
CompI~ce With '--8. Grantor warrants Ihal lhe Property and Granlor's use ot the Property compiles With all _hng applicable laws, ordinances, and regulallons ot governmental author1l1es.
SUrvival 01 ReprelMtnta'lton end Warranlle.. All representallons and warranlles contained In this Deed of Trust shall
survive lis execution and dallvery.
10. EXtSTtNG INDEBTEDNESS. The tollowlng prOvisions concemlng existing Indebtedn_s (the "Exlsllng Indebtedness") are a part of Ihls Deed 01 Trust.
exIsting lien. The lien ot this Deed ot Trust securing the Indebledness may be secondary and Infenor to an alClsllng
lien. Grantor exprassly covenanls and ag..-10 pity, or _ to the payment ot, the EXlsllng Indebtadness and to prevenl
any detault on such Indebtedness, any default under the Instruments evidencing such Indebtedness, or any delault under any securtty documants tor such Indebtedness.
No Modlncallon. Granlor shall not enter Inlo any agreement wllh Ihe holdar ot any mortgage, deed ot trust, or other
securtty agreement which has prlonty over this Deed ot Trust by which that agreemant 18 modilled, amended, extended.
or, renewed wlthoul Ihe prior wntlen consent ot Lender. Grantor shall neither request nor accept any future advances
under any such securtty agreement without the prior wrlHen consent of Lender.
n. CONDEMNATION. The following prOvisions relating 10 condemnallon proceedings are a part ot this Deed of Trust.
Aaalgnment 01 Proceeds. Granlor herQby assigns 10 Benaftclary all rtght, IlHe and Interest of Grantor In any award,
sal1l8ment, sala or purchase, claim tor damages (direct, Incldantal or consequential) or any other proceeds due In connection with any condemnation or other taking ot all or part of the Property or for conveyance In hau of condemnation, all whether now or hereafter existing (hereinafter ratarred to as "Condemnation").
Application or Nat Proceed.. Upon any Condemnation, Lender may at lIS election require that all or any portton Of Ihe
nel proceeds of the Condemnation ba applied to the Indebtedness or the repair or restoration of tha Proparty. The net
proceeds of the Condemnallon shall mean the amounl after paymant of all reasonabla costs, expanses, and B"orneys' tees Incurred by Trustee or Lender In connactlon with lhe Condemnatton.
Proceeding.. It any proceeding In condemnation Is flied, Grantor shall promptly notlly Lender In writing, and Grantor
,shall promptly take such sleps as may be necessary to defend the aclion and obtain lhe award. Grantor may be the
nominal party In such proceeding, but Lender shall be entilled to partICIpate In the proceeding and 10 ba represented In Ihe proceeding by counsel of Its own choloe all at Grantor's expense, and Grantor will deliver or causa to be delivered to L.ender such Instruments as may be requested by It from time to time to permit such parttclpatlon.
12. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following prOViSions
relallng 10 governmental taxes, teas and charges are a part of this Deed of Trusl:
Current Taxea, Fees and Charges. Upon request by Lender, Grantor shall execute such documenls In addilion 10 thiS
Deed of Trust and take whalever other aoHon Is requested by Lender to perfect and continue L.ender's hen on the Real Property. Grantor shall rehnburse Lender tor all taxes, as dascnbed below, logether with all expenses Incurred In
recording, perfecUng or conHnulng Ihls Deed at Trust, Including without IImltallon all taxes, teas. documentary stamps,
and other charges tor recording or registering this Deed ot Trust.
Taxa.. The lollowlng shall constitute taxes 10 which this section applies: (a) a specltlc: tax upon thiS type of D_d of Trust or upon all or any part at the Indebtedn'ess seCured by Ihls Deed of Trust; (b) a speclflc tax on Grantor which
Grantor IsauthorlZl8d ,~r ,required to da<:tuctlrom, pay."'e,n\& .. on "t~" ''1c!,aI:)~l)88s .. aecurea, ,bY"lI)Is,type o!,pae~ 01 Trust; (c) a' tax on thiS type ot'Deed 'ot'Trust chargailbla against the Lendai' onhe' holder onhe Credit Agreement; and (d) a specillc tax on all or any portion of the Indebtedness or on payments of principal and Intareat made by Grantor.
SUbsequent Taxes. II any tax to which this seclion applies Is enacted subsequent to the dete of this Deed of Trust, thiS
evant shall have the same etlacl a8 an Event of DetauH (as daflned below), and L.ender may exarClse any or all of Its
available remedies for an Event of Default as provided balow unless Grentor either (a) pays the tax before It becomes delinquent, or (b) contests the tax as provldad above In the Taxes and Liens section and depOSits with L.ender cash or a
sufficient corporate surety bond or other ,lI8Cunty sallsfaclory to Lender.
13. SECURITY AGREEMENT: FINANCtNG STATEMENTS. The tollowlng prOVisions relating to thIS Deed of Trusl es a
security agreement are a part ot this Deed of Trust
Security Agreement. This Instrument shall constitute a securtty agreemenl to tha extent any of Ihe Property constitutes
IIxtures or other personal property, and L.ander shall have all of the rlghls of a secured party under the Unllorm
CommerCial Coda as amended from lime to lime.
Securtty Intereat. Upon request by Lender, Grantor shall execute financing stalamenls and take whatever other acllon IS requesled by Lander to pertact and continue Lander's security Interest In the Rents and Personal Property. In addlbon to recording this Deed of Trust In the real property records, Lender may, at any lime and without further authonzallon
trom Grantor, IIle executed counlerparts, copies or reproducllons 01 this Deed of Trust as e llnanclng statement. Grantor
shall r8lmbursa Lender for all expanses Incurred In pertacllng or conllnulng this secunly Interest. Upon default, Grantor
shall assemble Ihe Personal Property In a manner and at a place reasonabty oonvenlent to Grantor and Lander and
make It avallabla to' Lender within thr_ (3) days atter receipt of written demand from Lendar.
Addreaaea. The mailing addresses of Granior (debtor) and Lender (secured party), from which Information conCerning
the security Interest granted by thiS Deed ot Trust may be obtained (each as reqUired by the UnI'orm Commercial Code),
ara as stated on the first page of this Deed of Trust.
14. FURTHER ASSURANCES: ATTORNEY-I~ACT. The following provisions relallng to further assurances and aHorney-m-fact are a part of this Deed 0' Trust.
Further Assurances. At any time, and from lime 10 lime, upon requast of Lender, Grantor Will make, execute and
dallvar, or win cause to be,made, executed or dellY8red, to Lender or 10 Lender's designee, and when requested by
Lender, cause to be flied, racorded, rellled, or rerecorded, as the case may be, al such limes and In such otflcas and places as Lender may deem appropriate, any and all such mortgages, deeda of trust, security d_ds, secunty agreements, llnanclng statements, continuation statements, Instruments of further assurance, oarttllcates, and other
documents as may, In the aole opinion of Lender, be neoassary or desirable In order to eHactuate, complete, pertect.
continue. or preserve (a) lhe obtlgatlons of Grantor under the Credit Agreement, thiS Deed of Trusl, and the Related
Documents. and (b) the liens and security Inlerests created by this Deed of Trust on the Property, whether now owned
or hereaner acquired by Grantor. Unless prohibited by law or Bgr_d to the oontraryby Lencler In wrlbng, Granlor shall reimburse Lender for all costs and expenses Incurred In connacllon with the matters referred to In this paragraph.
AUonMIy ... n-FlIICt. If Grantor tails to do any 01 the things referred to In the preceding paragraph, Lender may do so for
and In tha name of Granlor and at Grantor's expense. For such purposes, Grantor hereby Irrevocebly appoints Lender
as Grantor's allorneY-l~8ct for the purpose of making, executing, delivering, IIUng, recOrding, and domg all other things
as may be necessary or deSirable, In Lander's sale opinion, to accomplish the matters referred 10 In the preceding
paragraph. "
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1 S. FULL. PERFORMANCE. II Grantor pays all the Indebtedness when due, terminates the credit hne aocount. and otherwise
performs all the obligations Imposed upon ,Grantor under this Deed 01 Trust, Lender shall _ecute and deliver to Trustee a
request for fuD reconveyance and shall exeCute and dell\l8l' to GrantOr suitable statements of tem'lInation of any financing statement on file evtdenclng Lender's secunty Interest In the Rents and the Personal Property. Any raconveyanca fee shan be
pald by Grantor: If 'parmlned by applicable law. The ·grantee In any reconveyance may be descnbed as the "person or
persons legally enbUed thereto·, and the recllals 10 the reconveyance 0' any maners or facts shaU be concluslve prool of the
truthfulness 0' eny such matters or facts.
1e. DEFAULT. Each of the 'ollowlng, at the ophon of Lender, shall constitute an event of defau" ("'Event 0' Default") under this Deed 01 Trust: (a) Grantor commHs fraud or makes a mater1a1 mlsrep.-nlallon at any time In connection with the CredIt Agreement. ThIs can Include, for eocample, a false slatement about Grantor's Income, assets, liabilities, or any other aspects of Grant,or's financial condition. (b) Grantor does not..-t the repayment terms of the Cred" Ag.-ment. ,(c) Grentor's action or
Inaction adversely attacts the collateral for the Credit Agreement or Lender"s rights In the collaleral. This can InClude, for
eocample. failure to malntsln requIred Insurance, waat8 or destructive use 0' the dwelling, 'failure to pay taxes, death of all
persons hebla on the aocount, transfer of title or sale of the dweiUng, creation of a lien on the dwelling without our permIssIon.
,orecl,osure by the holder of another lien, or the use of funds or the dwellln9 tor prohibited purposes.
17 •. RIGHTS AND REMEDtES ON DEFAULT. Upon the occurrence of any Event of Default and at any bma theresttal', Trustee or Lender, at Its opllon, may _ .... cIsa anyone or more of the following rights and remedies, In addition to Bny other lights or remedies prOVIded by law:
Acceterate Indebtedneaa. Lender shall have the nght at lis option to declare the entire Indebtedness Immediately due
and payable, Including any prepayment penalty which Grantor would be required to pay.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to eocarClse Its power of
sale and to foreclose by notloe and sale, and Lander shall have the nght to foreclose by JUdicial foreclosure, In eIther
case In accorClanoe WIth and to the lull extent provtded by applicable law.
UCC Re_lea. WIth respect to all or any part of the Personal Property, Lend .... shall have all Ihe nghts and remedies of
.a secured, party under the UnHorm Comm...-cial Code;
Collect Ren's. Lender shall have the righi, without notloe to Grantor, to take possession of and managa the Property
and collect the Rents, InctuCSlng amounts past due and unpaid, and apply the nel proceeds, over and above Lendar"s costs, against the IndebtaCIness. tn furtherance of this right, Lender may require any tenant or other usar 01 the Proparty
10 make payments 01 rent or use fees dlraolly to Lender. It the Rents are coIlocIed by Lender, than Grantor IrTOvocably
deSIgnates Lender as Grantor's attorney-In-fact to endoraa Instruments .-lved In payment theraol In the name of
Grantor and to negotiate the same and COlleCt the proceeds. Payments by tenants or other users 10 Lender In response
to Lender's demand shall satisfy the obllgaUons lor which the payments are made, whelher or not any proper grounds
lor the demand existed. Lender may ax.ercise Its rights under Ihls subparagraph a1lher In person, by agent, or through a
raoeover.
AppoInt R_lver. Lender shall have the right to have a receiver appointed to lake posseSSIon of all or any part of the Pr0p8rty, with the power to protect and preserve the Property, to operate the PropBO'ly pracedlng or pendIng foreclosure
or sale, and to collect the Rents from Ihe PropBO'ly and apply the proceeds, over and above the cost 0' the racalvenlhlP,
a08lnsl the Indebtedness. The receiver may sarva WIthout bond If permitted by law. Lender's right to the appOintment 01 a receiver shall exist whelher or not Ihe apparent value of the Property exceeds the Indebtedness by a subslanhal
amounl. Employmept by. ~nd!lf sll,all ,,0\ d~L!aUfy Ii, P!lfSOnfro!"-vlng as a r-'vee'. Ten.,cY at S~c:e. If'Gra'ritor ie~~ I~P~o;" of ''':;'~ro~·.~rIh4iPioPertv is aCid as prov\ded above or
Lander oth...-wlsa becomes enUlted to possession 0' the Property upon derault of GrantOr, Grantor shall become a tenant
at sufferanoe of LenClar or the purChaser of the Property and shall, at Lender's option, BIther (8) pay a reasonable renlal
,. for the use 01 the Property, or (b) vacate the, Property ImmaCIlately upon the demand of Lender. .
Other Remedle •• ' Truslae or Lender shall haw any other nght or remedy prOVIded In Ihls Deed of Trusl cr the CredIt
Agr_ment or by law.
HoUce 01 Sete. Lender shall give Grantor reasonable notloe 01 the Ume and plaoe of any public sale 0' the Personal Property or 0' tha time after whICh any prtvate sale or other Intended CIIsposIUon 01 the Personal Property Is to be made.
Reasonable noUce shall mean noltoe given at least tan (10) days before the lime of the sale or dlsposlUon. Any sale of
Personal Property may be made In conjunction with any sala of the Real Property.
Sale Of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Proparty marshalled. In axarclsmg 11$ rlghl$ and remedies, the Trustee or Lender shall be tree to sail all or any part of the
Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any pUblIC sale on all
or any pornon of the Property. '
Waiver; Election or Remedies. A waIver by any party of a breach of a prOVISIon of this Deed 0' Trust shall not
conslltute a waiver 01 or prejudloo tha party's rights o1h-'ae to demand strict compllanoe wllh that proVISIon or any
other provtslon. Elecllon by Lander to pursue any remedy provtded In this Deed of Trust, the Credit Agreement, In any
RBlated Document, or provtded by law shall not exclude pursuit of any other remedy, and an elecllon to make
expendliurGS or to lake action to perform an obllgalton 01 Grantor under this Deed 01 Trust after fellura 0' Grantor to
perform shall not attact Lender's right to declare a derault and to ax.ercise any of Its remed_.
Attorneys', F_.: EXpen_a. It Lender Institutes any sull or action to enforce any of the larms of this Deed 01 Trust, Lender shall be enUtied to recover such sum lUI the court may adjuClga reasonable as altorneys' _ at tnal and on any
appeal. Whether or not any court action Is Involved, all reasonable expenses Inourred by Lender which In Lendor's opInion ara neoeasary at any time for the protection of Ita In*-t 'or the entoroement 01 Its rlghl$ shall become a part of
the Indebtedness payable on'demand and shall bear Inlarest at the Credit Agreement rate from the date 0' axpendtlure unhl repaid. Expe_ cOVDred bV this paragraph Include, WIthout nrrlllallOn, however subject to any limits under
appllCBble law, Lender's attorneya' fees whether or nol Ihere Is a laWSUit, IncludIng attorneys' fees tor bankruptcy'
proceedln"" (Including enorts to moCllfy' or vacate any auton>allC slay or Injunction), appoaJs and any antiCIpated
post-judgment oollectlon seNloes, the cost 01 -.-ching records, obtaining Itlte reports (Including foreclosure reports), surveyors' reports, appraisal _, bite Insurance, and fees for the Trustee, to the extent permlHed by applicable law.
Grantor also wID pay any oourt cOllts,ln addluon to all other sums provtded by law.
RIghts 01 Trustee. Trustee shall have alia' the nghts and duties of Lendor as sat lorth In this sechon.
1S. POWERS AND OBI..IOATIONS OF TRUSTEE, The following proVIsIons relating to the powers and obligations Of Trustee
(pursuant to Lender's Instructions) are part 0' this Deed C)f Trust. '
Pow ..... of Trustee. In addItion to all powars of Trustee arising as a maHer ot lew, Trustee shall have the pcwer to take
the following actions with reSpect 10 the Property upon the wrlttan req~t 01 Lender and Grantor: <a) join In prepanng
and filing a map or plat of the Real Property, Including the dedication of streets or other rtghls to the publIC: (b) Join In
granting any easament or creallng' any rastrlctlon on the Real Property; and (c) join In any subordination 'or other
agreement affecting this Deed of Trust or the Interast of Lender under thIS Deed 01 Trust. '
Obligation. to NotHy. Trustee ahail not be obligated to notify any other party ot a pending sale uncler any other trust deed or lien, or of any acUon or prooeedlng In which Grantor, Lender, or'Trustee shall be a party, unless reqUIred by
'00
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11-23-1999
Loan No 535 66 0613
DEED OF TRUST
(ConUnued)
apphcable law. or unless lhe action or prooeeding Is broughl by Trustee.
/
Page 7
Truslee. Trustee shall meet all qualltlcabons required for Trustee undar applICable law. In sddlbon to the rights and
remedies set lorth above. wllh respect to all or any part 01 the ,Property. the Trustee shall have the right to loreclose by
nollce and sala, and Lender shall have the rlghl to foreclose by Judicial loreclosure, In allhar case In accordance Wllh and to lhe lull exlen dod by applICable law.
Succesaor T t_. Lender, at Lender's opUon, may from Ume to lime appolnl a successor Trustee 10 any Trustee
appointed here n.,.,. by an Instrument axecuted and acknowledged by Lender andreoorded In the office 01 Ihe recorder 01 K",O County Washington. The Instrument shall contain, In addlllon to all other mailers reqUIred by state law, the
names 01 the 0 nBl Lender, Trustee. and Grantor. the book and page or the Auditor's File Number where this Deed 01
Trust IS recorded, and the name and addresa 01 the successor trustee. and the Instrument shall be executed and
acknowledged by Lander or Its successors In Intarest. The successor trustlie. without conveyance 01 the Property. shall
succeed 10 all the UHa. power, and duUes oonlerred upon the Trustee In thiS Deed 01 Trust and by applicable law. ThiS procedure lor subsUtuHon 01 trustee shall govern to the exclusion 01 all other proviSIOns lor substltubon.
19. NOTICES TO GRANTOR AND OTHER PARTIES. Subject to applicable law; and except for noHce required or allowed
by law 10 be given In another manner, any nonce under this Deed of Trust IIhaIl be In wrlUng, may be sent by Ialelacslmde (unless otherwise reqUired by taw). and shall be alfucHve when actually delivered, or whan deposited with a nahonally
recognized overnight cour1er, or, II malled, shall be deemed elfucUve when deposited In Ihe United States mall flnst ctass,
certilled'or reglslered mall, postage prepaid, directed to the addresses shown near the beginning of this Deed 01 Trust. Any
party may change Its address lor nolloes under Ihls Deed of Trust by giving formal written notice to the olher partlGS,
specifYing that the purpose 01 the nohoe Is to Change the party's address. All copies of noHces of foreclosure from Ihe holder 01 eny ben which has priority over thIS Deed 01 Trust shall be sent 10 Lender's address, es shown near the beginning' 01 thiS
Deed 01 Trust. For nottce purposes, Grantor agrees to keep Lender and Truslee Inlormed al all Urnes 01 Grantor's current
addross.
20. FtNAL AGREEMENT. Oral agreements or oral oommltments to loan money, extend credit or to lorbear from enlorclng
repayment 01 a debt are not enforceable. ThiS Security Instrument replaces aU prior, contemporaneous or subsequent oral egreements or understandings. " any, between the parties. ThIS IS the IInBl and complete expression of all terms 01 this Deed
01 Trust and thera are nO other terms. II you access your Credit Une bV a device covered by another agreement (lor example,
agreements and disclosures ooncernlng electronic lunds transters), those other,agreements shall atso apptv. '
21. MISCELLANEOUS PROVIStONS. The lonowlng mlacella!"'eous prOVISions are a part 01 thiS Deed 01 Trust:
Amendments. ThIs Deed of Trust, together with any Relaled Documents, conslllutes the enUre understanding and
agreement 01 the pathes as to the mailers set forth tn thla Deed of Trusl. No alteration 01 or amendment to thIS Deed 01
Trust shalt be elfucUve unless given In wrlhng'and signed by the party or parties sought to be charged or bound by the
altarabon or amendment.
AppUcable Law. Thta Deed or Truet has been delivered to Lender end IICcepted by Lender In the Stale of
Washington. Thle Deed or Trust lIhall be governed by and construed In accordance with the I_e or the State of
Washtngton. '
caption He8dtnga. Caption headings In thiS Deed of Trust are lor convenience purposes only and are not to be used to
Interprel or dellne the provisIons 01 Ihls Deed of Trust.
Merger. Thera shall be no m'nger ol,tha Interest or eStale created by this Dead 01 Trust With any other Interest or &Slate
In the Property at al1Y h!!18 held !;Iy or lor the benefit 01 Lend",r In any capacIty, without the wnHen consent 01 Lender.
Multiple Partlee. Alt obll9allons 01 Grantor under this Deed 01 TrUst shall be 10lnt and severat. and all referenceS 10
Grantor shall mean each and every Grantor. This means that each 01 the persons signing below IS responSIble for all obligations In this Deed 01 Trust.
Severability. "a court 01 competent Junsdlctlon IInds any provision 01 thiS Deed 01 Trust 10 be Invalid or unenlCH'ceable as to any person or clrcumslanoe. suoh Rndlng shall not render thaI provision Invalid or unenlorceable as to any other persons or circumstances. If leaslble, any such offen dong provlston shall be deemed 10 be modIfied to be within the
hmlts 01 enlorceabillty or valldlly; however, " the offending prOvision cannot be so modified, It shall be stncken and all
olher prOVisIons of thiS Deed of Trust In all other respects shaH remain velld and enforceable.
Succesaora and A8a1gna. SubJ8Ct to the limitations stated In thiS Deed of Trust on Iranster of Grantor's Interest. thiS
Deed 01 Trust shall be btndlng upon and Inure to lhe benefit of the parnes. thalr successors and assigns. If ownership 01
tha Property becomes vesled In a person other then Grantor, Lander. without nollca to Granlor, may deal with Granlor's successors With reference to this ,Deed 01 Trust and'the Indebtedness by way 01 10rbearance or exlenslon wlthoul
releasong Grantor from the obligations 01 this Deed 01 Trust or lIablllly under the tndebtedness.
Time Is or the Eeeence. Time, IS 01 the ossance In the performance 01 thiS Deed 01 Trust.
WaIver. and Consent.. Lender shall not ba deemed to have waived any rights under this Deed 01 Trusl (or undar tha
Ralaled Documents) unless such waiver IS In wnttng and signed by Lender. No delay or omIsSIon on the part of Lender In exerCISing any right shall operate as a wOlver 01 such right or any other right. A waiver bV any party 01 a prOVision 01
thiS Deed of Trust shall not conshtute a Waiver 01 or prejudice the party's nght olherwlse to demand stnet compliance
With that prOVision' or any other prOViSion. No prior waiver by Lender. nor any course 01 dealing between Lender end
Grantor. shall, constitute a waiver 01 any 01 Lender's rights or any 01 Grentor's obligations as 10 any luture transactions.
Whenever consent by Lender Is required In thiS Deed 01 Trust, the granting of such consent by Lender In any Instance
shall not constitute conhnulng consent to subsequent Instances whare such oensentls reqUired. '
Waiver or Homeetead exemption. 'Grantor hereby releaees and waives an rights and benefits of the homestead _emphon laws 01 the State 01 Washington as to all Indebtedness secured by thiS Deed of Trust.
EACH GRANTOR ACKNOWLEDGES HAVtNG READ ALL THE PROVISIONS OF THtS DEED OF TRUST, AND EACH
GRANTOR AGREE,S TO ITS TERMS.
GRANTOR:
0-.. '--....-e-') '--X '
Annette B Dempa
11-23-1999
Loan No 535 66 0613
·,."
DEED OF TRUST
(ConUnued)
• ~I ,INDIVIDUAL ACKNOWLEDGMENT STATE!OFL~~& : r--:-::·',t..8EAL.
-)-.. ...,~
COUNTY OF -•. ;:. or ...........
.. :t· .. 1 C-lJ1 ... 7-7-40
\ ~~~~~~~~~
Page 8
On this-day belore me, theunclenllgned Notaly Public, personally appeared Annene B Dempa end Keith D Dempa,
personally known to me Of" proved to me on the baBls 01 satlslactory evidence to be the IndiVIduals described In and whO
_aouted the Deed 01 Trust, and acknowledged that they SIgned the Deed 01 Trust as their fr_ and VoIuh· act and. ~,
lor the uses and purposes therein mentloned_ ,eel' ~ ~~v-wre~ my hand end orne ... _81 all c;;;.?..3' day Of &t?#~ 'U/"" •
Realdtng-;;-~~..:?'U-u .
&.~~~~~~ My commlaalon explre8 ? -7-a2@cb
REQUEST FOR FULL RECONVEYANCE
To: • Trustee
The undersigned IS the legal owner and holder 01 all Indebtedness 8ecUred by this Deed 01 Trust. You are hetvby requested. upon payment of all sums owing to you, to reconvey _hout warranty, to the persons entitled thereto, 1I1e right, IItle and
Interest now held by you under the O~ of Trust. 08te' ____________________________________ __ Beneftctarv: ____________________________________ __
By,------------------------------It.:
=,
WHEN RECORDED RETURN TO
B~~mg Employees Credit Union
POBox 97050
Seattle, WA 98124·9750
At~n.' Laura Por~as
Loan Adm~n -SCS
/
.111111""'111 fls&r','B~C.JzSU8 II, •• Kf'~·~V~~~7
o~ I C> 7 S5~ SUBORDINATION AGREEMENT
Loan 0535-66-0613-52
NOTICE THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURlTY IN! EREST IN THe
PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY TJlAN THE LIEN OF SOME OTHER
OR LATER SECURI fV INSTRUMENT
The underSIgned subordinator and owner agrees as t"allows
Boeing Employees' Credit Union ,referred to herein as "subordmator", IS the owner and holder of a mortgage
dated November 23, 1999 whIch IS recorded In volume --------of Mortgages, page ---------, under auduor's file
No 1999120 I 000408 records of Kmg County
2 Washmgton Federal Savings referred' to herem as "lender" IS the owner and holder of the mortgage
dated 12/22/00 , executed by Keith D. & Annette B, Demp(!whlch IS recorded 10 volume .--of
Mortgages, page ----, under audItor's file no ~ , records of Kmg County) (whIch IS to be
recorded concurrently herewIth) ? CX"""C" 12..2-'3C):::) I I c:zs 0
3 Annette B Demps and KeIth D Demps referred to herem as "owner", IS the owner of .. 11 the real property
descnbed m,the mortgage Identified above In Paragraph 2
4 In conSIderation of benefits to "subordmator" from "owner", receipt and suffiCiency of which IS hereby
acknowledged, and to mduce "lender" to advance' funds under Its mortgage and all agreements m COJUlection
therewith, the "subordmator" does hereby unconditionally subordmate the hen of h,s rnortgage IdentIfied 10
Paragraph I above to the hen of "lender's" mortgage, Identified 10 Paragt'aph 2 above, and all advances or
charges made or accruIng thereunder, mCludmg any extension or renewal thereof
5 "SubOrdInator;; acknowledges that, pnoi to the execution hereof', he has had the opportunity t6 exannne the
terms of "lender's" mortgage, note, and agreements relatmg thereto, consents to and approves same, and
recog'nlzes that "lender" has no obhgallon to "subordmator" to advan<.e any fund~ UndCI lb nlortgagc 01 sec to
, the apphcatlon of "lender's" mongage funds, and any apphcatlon or usc of such fund~ for purposes 0 her than
those prOVIded for In such mortgage, note, or agreements shall not defeat the subordmal1on herein made In
whole or m part
6 It IS understood by the parl1es hereto that "lender" would not make the loan secured by the mortgage 111
Paragraph 2 without thiS agreement
7 This agreement shall be the whole and only agreement between the parties hereto With regard to the
subordtnatlon of the hen or charge of the mortgage first above mentioned to the hen or chal ge of the mortgage
In favor'of "lender" above referred to and shall supersede and cancel any prIOr agt'eements ab to such, or any,
subordination Includmg, but not limIted to, those prOVISIons, If any, contained In the mortgage first above
mentioned, whIch prOVide for the subordInation of the hen or charge thereof to a mortgage or mortgages to be
thereafter executed
, ,
8 The hen's, adminIstrators, assIgns, and successors In mterest of the "subordinator" shall be bou'nd by thiS
agreement Where the word "mortgage" appears herem It shall be conSidered as "deed of trust", and gender and
number of pronouns conSIdered to conform to underSIgned
'Executed thIS 26th day of December 2000
NOTICE THIS SUBORD1NATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE
PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF
WHICH MAYBE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND IT IS
RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE
PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO
Boe1ng Kmployccs' CrcdlL UnLon
~1~
Loan Adm1n1strat1on Manager
BbCU ll29 2-/2.000
c:. .... ,-,
-' .. -~
S'TATEvF WASHINGTON
CuUNTY OF KING
J certify that I know ~r have satlsf"actory eVidence thaI IS the person who appeared before me. and
~ald person acknowledged that signed thiS Ulstrument and acknowledged It to be free and voluntary .lCI
for the uses and purposes mentIOned m the msmlment
DATED
STATE OF WASHINGTON
COUNTY OF KING
Notary Publte
My appomtment expues
I certify that' know or have satisfactory eVld~nce that LUCIII Robmson IS the person who appeared ·before
me. and sBld person acknowledged Ihat she signed thiS mstrument and on oath stated that she was authorIZed to
execute the Instrument and acknowledged It as Loan Adrntnlstratlon Manager of Boemg Employees' Credit Umon to
be the free and voluntary act of" such party f"or the uses and purposes menttoned In the Instrument
DATED December 26. 2000
BSCU I al) 212000
KAY M SKARE
STATE OF WASH.IN(;TOH
NOTARY -_e_ PUBLIC·
\IV COUUISSIO" [XplRES 12-02-03
NotaT)'\;~c
\.Q.-Q.Q 03
My appomtment expires
Return to
WASHINGTON Jt"EDERAL SA VINGS
Downtown Seattle Office
425 Pike Street
Seattle W A 98101
Attn
_______________ [Spaco Abov. TI .. e Llno For Record .... Dalal
050200238796-7
DEED OF TRUST
THIS DEED OF TRUST ("Secunty Instrument") IS made on Decentber 22ndl 2000
The grantor 1'1
KEITH D DEMPS AND ANNETTE B DEMPS, HUSBAND AND WIFE
=_-:-____ -:;:;;:;-; ..... ===='""':':~==;_;;:._:;"_;;;=--------------(" Borrower"/Grunt.or) The trust .... IS OLD REPUBLIC TITLE LTD
("Trustee "/Grantee) The benefiCIary IS Washington· Federal Savings. which IS orgamzed and
eltlsbng under the law'! of The Uruted States of Arnenca. and whoo;e add~<;s IS ___________ _
425 PIke Street, Seattle. Washington 98101
(" Lender " IGrlUllee) Borrower owes Lender the pnnelpal sum of ....-;==~===..-_________ _
FOUR HUNDRED THIRTEEN THOUSAND FIVE HUNDRED AND NO/IOOS
Dollars (U S $413,500.00 ). This debt IS eVidenced by Borrower's note dated the same
date as tlus Secunty Instrument ("Note"), which proVldes for monthly paym"nts, With the full debl, If
riot· paId earher, due. and pa)lable on -:-=J~an~· 7U~-~),,-:· ~1~st~I&...=:20=3:..!1~_-:,_:::-::---;-;--:-_-:-_--:;-:_7.'""--:=-:-_--: ThIs Secunty Instrument secures to' Lender (a) the repayment of the debt eVIdenced by the Note, With
IDterest, and all ~newals. extensions. and modIficatiOns, (b) the payment of all other sums. With ·Interest.
advanced under paragraph 7 to protect the secunty of dus Secunty Instrument. and (c) the performance
of Borrower's coveoants and agreements uDder tms Secunty Instrument and the Note For thts pUrpose.
Borrower Irrevocably grants and conveys to Trust ..... In trust. With p<lWo!Ir of sale. tboo foUowlI'8 dos(.nbed
property located In 10,. County. Was!ungtoo .
THE EAST HALF OF TRACT(S) 113. C.D. HIU.MAN~S LAKF. WASHINGTO"l GARDEN OF
EDEN ADDITION TO SEATTLE DIVISION. NO 4, ACCORDING TO THIi: PLAT I"HEREO"
RECORDED IN VOLUME II OF PLATS, PAGElS) a, RECORDS OF KING COUNTY •
. WASHINGTON
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON_
OLD REPUBLIC TITLE, LTO-.lQ7/551.r IV 171/
Assessor's Property Tax Parcel Account NtDI1ber(s)~=3;;:43=900==86000==,-______________ _
wluch· has the address of
Wa.shlngton 98056
(ZIp Code)
2308 NE 24TH ST
(Street)
("Property Address").
RENTON
lenyl
TOO ETHER WITH all the Improvements now or hereafter ertOLted 00 the property. and all
.easements. "ghts. appurtenances. rents, royalties. mineral. OIl and gas nghts and profits. water nght<;
and' stock and all fixtures now or hereafter a part of the property All replacements and additIOns shall
also he covered by trus Secunty In.'1trument All of the foregol118 IS referred to In tht'l Secunty
Instrument as the ·Property •
BORROWER COVENANTS that Borrower 1'1 lawfully ., .. Ised of the e .. tate herehy conveyed and ha'!
the nsht to grant and convey the property and· that the Property IS unencumbered. except for
encumbrances of record Borrower warrants and WIll defend generally the title Co the Propertyagaln.'It all
claIms and demands, SUbject to any encumbranceR of record
Burrower. 1011.&11 /C. ~
WASHINGTON-Sangl .. Fan-uly -Fanno .. M .... /Freddie Mac UNIFORM INSTRUMENT lEO
(p"((~ I <>/7) L067A-T (WA102116100
THIS SECURITY INSTRUMENT combines uruform covenants for national use and non-umform
covenants WIth luru~ed vanatlons by JurlSdlCbon' to constitute a umform secunty InstnJment covering real
property
UNIFORM COVEN ANTS Borrower and Lender covenant and agree as follows
1. Payment of Principal and Interest; Prepayment and Late Charaes. Borrower shall promptly
· pay ~ben due the pnnclpal of and mterest on the debt CVldenced by the Nolc and any prepayment and '
late charges due under the Note
2. Funds for Taxes and InSurance. Subject to apphcable law or to a Wrttten waJver by Lender,
Borrower shall pay to Lender on the day monthly payments are due under the Nolc, unlll the Note IS paid
an full, a sum ("Funds") for (a) yearly taxes and assessments whtch may attam pnonty over t1us Secunty
Instrument as a hen on the Property, (b) yearly leasehold payments or ground rents on the Property, If
· any, (c) yearly bazard Or property Insurance premIUms, (d) yearly flood Il1surance premiUms, If any, (e)
yearly mortgage InsuranCe juenuums, If any, and (t) any sums payahle by Borrower to Lender, In
accordance WIth the prOVISIOns of paragraph 8, In heu of the payment of mortgage Insurance premIums.
These Items are called "Escrow Ilcms· Lender may, at any tUDe, collect and hold Funds ID an amount
not to exceed the maXimum amount a lender for a federally related mortgage loan may require for
Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended
rronitlme to time, 12 USC Section 2601 el seq ("RESPA"), unless another law that appbes to the
Funds set!! a les'lCr amount If so, Lender may, at any hme, collect and hold Funds In an amount not to
exc-d the lesser amount Lender may estimate the amount of Funds due on the basts of current data and
·reasonable eshmates of expendItures of future Escrow Ilcms or otherwase an accordance WIth appbcable
law
The Funds shall be held In an IlIstttubon whose deposlIs are Insured by a federal agency,
Il1strumentahty, or entity (Includmg Lender, If I....ender tS such an IlIstltUllon) or ID any Federal Home
Loan Bank Lender shan apply. the Funds to pay the Escrow Items Lender may not charge Borrower
for holdmg and applYing the Funds, annually analyzlns the ...... row acu>unt, or venfylng tbe Escrow
ltelUS, unless Lender pays Borrower Interest 'on' the FWJds and appbcable law permlta Lender to tnake
such a charge However, Lender may require Borrower 10 pay a one-tune .. harge for an Independent real
estate tax reportlt18 service used by Lender ID connec..l1on WIlh this loan, unlCS'l appbcable law. prOVides
otherwISe Borrower and Lender may ag~ In wnllng, however, that Inlerest shall be paid on the Funds
unto .... an agreement l~ tnade or applacable law requires micro .. ! to be pwd, Lender shall not be required
to pay Borrower any lDlerest or earnmgs on the Funds Lender shall gIve to Borrower, WIthout charge,
an annual accountlDg of the Funds showmg credits and debits to the Funds and the purpose for wtuch
· each debit to the Funds was made . The Funds are pledged as additional secunty for all sums secured by
this securitY ,Iilsfrwilent
If the Funds held by Lender exceed the amounts penmtted to be held by apphcable law. Lender shall
account to Borrower for the excess FWlds III accordan<.e With the requirements of appucable law If the
amount of the Funds held by Lender at any time IS not suffiCIent to pay the Escrow Items when due,
Lender may so notify Borrower In wntlng, and. In such case Borrower slutll pay to Lender the amount
nec_ry to tnake up the defiCiency Borrower shall make up the defiCiency an no more than twelve
monthly payments, at Lender;s sale dIscretion .
Upon payment ID full of all sums secured by llus Secunty Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender If under paragraph 21, Lender shall acqwre or sell the Property,
Lender, pnor to the acqWSltlon or sale of the Property. shall apply any Funds held by Lender at the time
of acquISItion or sale as a credit agamst the sums secured by t1us Secunty Instrument
3. Application or Payments. Unless appbcable law prOVIdes otherwlSC, aU payments receIVed by
Lender under paragraphs 1 and 2 shall be applied. first, to any prepayment charges due under the Note;
second, to amounts payable under paragraph 2, t1urd, to Interest due, fourth, to pnnclpal due, and last,
to any late charges due under the Note
.4 Charges; Liens. Borrower shall pay all taxes, assessments, charges. fines and ImpoSItiOns
attnbutable to the Property wluch may attam pnonty over ttus Secunty InstruDWnt, and leasehold
payments or groWJd rents, If any Borrower shall pay these obhgallons In the tnalUler proVided In
paragraph 2, or, If not paJd In that manner, Borrower shall pay them on tune dU'ectly to the person owed
payment Borro",er shall promptly furrush to Lender a\1 notlc.... of amounts to be p.ud under tlus
paragraph If Borrower makes these paym.onts directly, Borrower shall promptly funnsh to Lender
recetpts eVldencmg the payments
Borrower shall promptly chscharge any ben which has pnonty over tlus Secunty Instrument unless
Borrower (a) agrees' In wnbng to the payment of. the obhgaboD securoo by the hen I'n a manner
acceptable to Lender, (b) conlcsts In good faith the ben by, or defends against enforcement of the hen In,
legal proceedtngs wluch ID the Lender's oplDlon operate to prevent the enforcement of the hen or
forfeiture of any part of the Property, Or (c) secures from the holder of the hen an agreement sattsfactory
to Lender subordtnattng the h.m to t1us Secunty InstrUment If. Lender deternu.nes that any part of the
Property IS subject to a ben whIch may attalD pnonty over tlus Secunty Instrument, Lender may give
Borrower a nobce ldentlfymg the ben Borrower shall satisfy the hen or take one or more of the actIOns .
'let forth above wttlun 10 days of the gtvmg of nollce.
5. Ha2ard or Property Insurance. Borrower shall keep the Improvements now eX19bng or hereafter
erected on the Property InsUred agatnst loss by' fire, hazards Included WithIn the term "extended
coverage" and any other. hazards, Includmg floods or f100d~ng, for wlucb Lender requires Insurance
ThIS Insurance shall be mamtamed In the amounts and for the penods that Lender reqult'es The
(Pag, Z 0/7)
)
0&0200 2387_.7
tn.'lurance carner provldmg the IIl.<runmce qhall be ... htl ..... n by Borrow .. r qub,ect to lAnder' .. approval which
shall 'not be unreasonably withheld If Borrower 'falls to mamtam coveras .. d,,,c..nhed ahov .. , Lend .. r
may. at Lender',! optIon, obtain coverage to protect Lender's RIghtq In th .. Property In ac..c..ordan ..... w.th
paragraph 1
All msurance poliCies and renewals shall be ac..ceptable to L<>nder and .. hall Include a .. tandard
mortgage clause Lender qhall have the nuht to hold the pollcleq and renewal.. If lAnd .. r re~ulre ...
Borrower shall promptly glY .. to Lender all receipts of paad premium .. and r .. newal nOhc..~q In the event
of loss" Borrower shall give prompt nOli ..... to the msurance carrier and Lender L<>ndi=r m .. y nutk .. proof
of loss .f not made promptly by Borrower
, Unless Lender and Borrower otherw.se agree 10 wnhng, Insuranc.. .. pr<X.eeds qhall he apphed to
restoratlon or repair of the Property damaged, tf the restoration or repaar IS economically feaSible and
Lender's secunty IS not les'I6ned If the restoration or repaar as not ec..ononucally feaSible or Lender' ..
secunty would be lessened, the Insurance proceeds qhall be applied to the sums qecured by th ... Secunty
Instru~ent, whether or not then due, w.th any excess paid to Borrower If Borrower abandons the
Property. or dOes not answer Wlthan 30 day'! a nl:)lIce from Lender tboOt the .. >.'lUran ..... carrier haq ,,(f .. red
to settle a claim, then Lender may collect the anSQnance proceeds Lender may use the pr<XA3eds to repdlT
or restore the Property or to pay sums ....cured by tlus s..cunty Instrument. whether or not tMn due The
30-day period 'WIll begm when tbe noll ... e I" Slven
Unless Lender and Borrower otherWISe agree In wnbng, any appb ... ahon of proceeds to pnnclpal shall
not extend or postpone the due date of the monthly payments referred to In paragraphs' I and 2 or change
the amount of the payments If under paragraph 21 'jhe property III acqull'Cd by L .. nder. Borrower'OJ nght
to any IIU1UranCI> pollc.es and procl>eds resultlllg from damage to the Property pr.or to the acqullnhon
shall pass to Lender to the extent of the swns 'secured by tlus Secuniy Instrument unmed.at .. ly pnor to
the acquISItion ,
6. Occupancy, Preservadon, Maintenance' and Protection of the Property; Borrower'.; Loa!"
Application; Leasehold.... Borrowe'r shall occupy, establish, and u .. e the Property .... Borrower'.,
pnnclpal reSidence Within sixty dayq after the execut',on of this Secunty Instrument .. od shall contlnuco to
occupy tbe Property as Borrower's pnnc.lpal reilldonco for at least one year after the date of occupancy.
unless lender otherwIse agrees In wntlng. which" consent shall not be unrcoasonably Withheld, or unless
extenuatIng' circumstance" eXist wblch are beyotd Borrower's conlrol Borrow .. r .. hall not destroy.
dal1'Ulge or unpalT the Property, allow tbe Property to detenorate. or comm.t wa'!te on the Property
Borrower shall be to default af any forfeIture acbon or proceeding, whether CivIl or "Tlman .. I, Ib b"uun
that In Lender's good faath Judgement could result In forfeIture of the Property or otherwise matenally
Impair the hen created by thtb Secunty Instrument'or Lend .. r' .. secunty mt .. rest Borrower may cure 'Iuch
a d .. fault and relJ'lState. a .. prov.ded .n paragraph 18, by causlDB the action or proceed.ng 10 00 dl .. mlq~d
With a ruhng that, to Lender's good fiuth determInation. precludes forfeiture of th .. Borrower' .. lDt"rest In
the, ProP'i!Ort:Y Or' oth~r matenal l~palrrnelJt of thl!O,.lIe,n, crea~ by tlus Secunty Instrument or, lender''I
'Iecunty Inter .. st Borrow .. r sh .. 11 .. 1 .. 0 b<O IIi defaul. If Borrow"r, dUTlng the loan .. pphc.tt.on proc .... 'i. gave
matenaUy false or Inaccurate Infonnabon or '!late'mt:.nt .. to Lender (or faded to prov.de L .. nder w.th .. ny
matenal Informabon) 111 connection With the loan ev.denccod by the ~ote, locludmu. but not lImited to,
repres"ntatlons concerntng ,Borrower's occupancy of the Property as a pnnc.pal reSIdence If tlus'
Secunty Instrument IS on a leasehold, Borrower shall comply With all the prov.slOns of the lease If
Borrower acqwr .. s fee tItle to too Property. the i$Sebold and too fee tItle shall not merge unless Lender
agrees to the merg .. r Inwntu1g , "
7. Protection of Lender's RIghts tn the Property. If Borrower fatl'! to perform the c..ov .. nant .. and
agreements contained In thts Secunty Instrument, or there IS a legal proceedlDg that may sigruficantly
affect Lender's nghts In the Property (su ... h as a P,roCeedmg an bankruptcy. probate, for condemnation or
forfeIture or to enforce laws or regulatIOns), then, Lender may do and pay for wbatever Ib oec..essary to
protect the value of the Property and Lender's nehts In the Property Lender''I aCllnJ1b m.oy Includ ..
paytng any sums secured by a hen which has pnC)l'lty over thts Secunty Instrument, appearing an court.
paymg reasonable attorneys' fees and entenng "#i' tlle Property to make repairs Although Lender may
take aC~lon under thts paragraph 7. Lender does naths"e to do so
Any amounts disbursed by Lender under tlus paragraph 1 shall become addatronal debt of Borrower
secured by tlus Secunty Instrument Unless borrower and Lender .. greco to oth .. r terms of payment. thes ..
amounts shall bear Intercost from the date of dISbursement at the Note rate and .. haJJ he payahle, With
mterest, upon notice from'Lender to BorroweJ: requestmg payment
8 Mortgage Insurance. If Lend .. r requires mortgage Insurance aq a condllJon of malong the Joan
'sccured by t1us Secunty Instrument, Borrower shall pay the premIums requITed to mamtam the mortgage
Insurance In .. ffect If, for any reason, the mortgage Insurance coverage required hy Lender I .. p ...... or
ceases to be In effect, Borrower shall pay the premlums reqUtred to obtain coverage rubstanttally
eqUivalent to tbe mortgage Insurance preViously ID effect. at a cost subbtantaally eqUivalent to the ("O'lt to
Borrower of the mortgage Insurance preViously In effect. from an alt .. rnate martgag .. Insurer approved hy
Lender If substanttaUy eqUivalent mortgago JllSurance ... overage Iq not avallahle. Borrowor .. hall pay to
Lender each month a sum equal to onco-twelfth of the yearly mortgage Insuranc..e premium being paid by
Borrower When the Insurance coverage lapsed or ceased to be ID eff ..... t Lender wtll ac..c"pt, U'l" and
retalD these payments as a loss rcos .. rve'ln heu of martgas .. IllSUrance Lo .... rcoq .. rve payment .. may no
Borrower 8 Im"8h~
(PQB~ J D/7) L067A·T (WA) 02/16100
longln be required. at the ophon of Lender. If mongage 'lnSurance coverage (m the amount and for the
penod that Lender requires) provided by an LDSurer approved by Lender agam becomes aVllalable and IS
obtamcd Borrower shall pay any premiums required to nuuntam mortgage Insurance U1 offect. or to
proVide a loss reserve, untd the requirement for mortgage msurance ends In accordance With· any wntten
agreement between Borrower and Lender or appitcable law
9. Inspection," under or lis agem may make reasonable entries upon and inSpectiOns of the
P,roperty Lender shall give Borrower notice at the lime of or pnor to an IDspecllon spcclfymg
reasonable cause for the IDSpechon. .
10, Condemnation, The proceeds of wiy award or clBlm for damages, direct or coosequenbal. In
cOnD8Ctlon With any condemnation or other ta1ang of any pan of the Property. or for conveyance In beu
of condemnahon. are hereby assigned and shall be ptud to Lender
In the event of a total taktng of the Property. the proceeds shall he applied to the swns secured by this
Secunty Instrument, whether or not then due. WIth any excess paid to Borrower In the evem of a panlal
. takuig of the Propeny 10 whIch the fair market value of the Property Imme(hately before the taking IS
equal to·orgreater than the amount of the sums secured by tlus Secunty InstruJnent nnme/hately before
the takang. unless Borrower and Lender othei-wlse agree In wnbng. the sums secured by this Secunty
Instrument shall be reduced by the amount of tbe proceeds mulbphed by the followu18 fraction (a) the
total lUDounl of, the sums secured ImmedIately before the taking. diVided by (h) the fair market val .... of
the Property lInme(iJately before the takmg Any balance shall be pBld to Borrower. In the evem of a
partial takang of the Propeny an which the fBlr market value of tho Propeny unmcdlately before tho
takang ,IS less than the amount of the sums secured unmedlately befo .... the takmg. unless Borrower and
, Lender otherwise agree In wnllng or unless appIacable law otherwise proVides, the proceeds shall be
appIaed to the sums secured by tius Secunty Instrument whotb"r or IIOt the sums are thon due
-'If the Property IS abandoned by Borrower. or If. after nobce by Lender to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower falls to respond to Lender
wlthm 30 days after the date the nollce 1'1 gIVen. Lender IS authonzod to collect and apply the proceeds,
at Its optJon, either to restoration or repair of tbe Property or to the sums secured by dus Secunty
Instrument. whether or not then due
UnleSs Lender and Borrower o!herwlSe agree an wntms. any apphcatton of proceeds to pnoclpal shall
not extend or postpone the due date of the monthly pltyments referred to lD paragrapbs 1 and 2 or change
the amount of .. uch payments
11. Borrower Not Released. Forbearance By Lender Not a Waiver. ExteUS10D of the tune for
paymem or modtficatlon -of arnorta:gobon of tho sums secured by this Secunty lustrument granted by
Lender to any sUccessor m mterest of Borrower l[lball not operate to release the bablhty of the ong1l181
BOrrower or ,Borrower:s successors "n··lnterest·, Lender shall·not be reqUIred tocoDlD1ence-proceedtngs
agaInst any successor In anterest or refUse to extend lime for payment or otherwISe modify amorbzabon
of the sums secured by tlus Secunty Instrument by reason of any demand made by the onganal Borrower
or Borrower's successors In Interest Any forbearance by Lender an OlI.erclsmg any nght or remedy shall
nol be a waiver of or preclude the exercise of any nghE or remedy
12. Successors BInd Assigns Bound. Joint and Several LlIlblllty; Co-slgners. The covenants and
agreements of dus Secunty Instrument shall bmd and benefit tho successors and assigns of Lender and
Borrower. subject to the proVISIOns of paragraph 17 Borrower's covenants and agreements shall beJolnt
and several Any Borrower who CO-Signs thas Secunty Instrument but does not execute the Note (a) IS
co-sigrung this Secunty Instrument only to mortgage, grant and convey that Borrower's anterest In the
Property under the to,nns of dus Secunty Instrument. (b) IS not personally obhgated to pay the SUIllS
secured by this Secunty Instrument, and (c) agrees . that Lender and any other Borrower may agree to
extend. _modIfy. forebear or make any accommodataons With regard to the terms of this Secunty
Instnunent or Lbe Note WIthOUt that Borrower's consent
13. Loan C::::hargcs. If the. loan secured by (rus Secunty Instrument IS 8ubJOCt to a la", which sets
maXJmum loan charges, and tbat law IS [Ulally InteJl>reted so that the Imerest or other loan charges
collected or to be collected an conneclaon With the loan oxceed the pennllted hriuts. then . (8) any such
'loan charge shall be reduced' by the amount necessary to reduce the Charlie to the pennlttcd hImt. anC1(b)
any sums already collectcd from Borrower which exceeded permitted hRUts waIl be refunded to
,Borrower Lender may' choose to make this refund by redUCing t .... pnoclpal owed under the Note or by
makIng a direct pay ..... nt to Borrower If a refund reduces pnoclpal. the reductaon wtI1 be treated as a
partial prepayment WithOUt any prepayment charge under !he Note.
14. Notices. Any nolace to Borrower proVided for In this Secunty Instrument shall be gaven by
dehver1ftg It or by maalmg It by first claas maaI unless appIacable law requlrc5 use of another IDCIthod
lhe notlce shall be darected to the Property Address or any other address Borrower desagnates by notice
to Lender Any notice to Lender shall be given by first class mall to Lender's address stated herem or
any other address Lender deSignates by notice to Borrower Any notice proVIded for an trus Secunty
Instrument shaIJ be deemed to have been given to Borrower or Lender when given as prOVided In thIS
paragraph
IS.. Governing Law; -Severability. ThIB Secunty Instrument shall be governed by federal law and
the law of the JUriSdiction 111 whIch the Property IS located In tho event that any proV\6\On or clAuse of
thas Secunty Instrument or the Noto confhcts With applacable law. such conflict shall ,not affect other
proVISIOns of this Secunty Instrument or the Note whIch can be gIVen effect 'Without lho confbctlrl8
proVISion To tlus end the provlSIODS of this Secunty Instrument and the Note are declared to be
severable
--
) )
~-.
<. --'--c-"
"
060200238798·7
16. Borrower's Copy, BOtTower shaH be gIven one conformed copy of the Note and of thas Secunty
Instrument
'17, Transfer of the Property or a Beneficlal Interest an Borrower, If all or.lany part of the
Property or any mtere'lt In It IS sold or tran'!ferred (or If a benefiual Intere'l! an Bornlwer 1'1 '!Old or
transferred and Borrower 1'1 not a natura' person) WIthout Lender'., prior written "on'lent. Lender Tnay. at
.ts opt.on, reqture nnmed.ate payment In full of all ~ums secured by thas Ser..unty In'ltrumenl However.
thas optaon shall not be:> e",en.lsed by Lender If exercIse 19 prohibIted by federal lolw a'l of tbe date of tlu"
Secunty In'ltrument
If Lender exercIses this optIOn. Lender 'lball gIve Borrower notice of ar..celeratlon The notice
shall proVIde a perIod of not less than 30 days from the date the notIce IS dehvered or maIled WIthin
whIch Borrower must pay all sums secured by tlus SecUrity Instrument If Borrower faJ!., to pay these
sums poor to the expIration of thts peood. Lender may Invoke any remedle .. perrmtted by thas Secunty
Instrument WIthOUt further nollce or demand on Borrower
18. Borrower's Right to Reinstate, If Borrower meet~ <-ertaln <-ondll.o ...... Borrowc>r .. hall have the
nght 10 have enforcement of lhas SecurIty Tn"trumenl dl'l<.onlanued at any I.mo prior t(> the earlier of (a)
5 days (or such other penod as apphcable law may ~peclfy for relOstatemenl) hefore ..ale of the Property
pursuant to any power of sale contained In thl'l Secunty Instrument, or (h) enlrY of a ludgment onforclng
thl .. Secunty Instrument Those COndItiOns are that Borrower (a) pay .. Lender all .. urn .. whl<-h then,
would be due under thlb Secunty Instrument and the Note dS If DO a<-celoratlon ()('<-UIT...J, (b) <-ure .. any
default of any other covenantll or agreem"nts, (c) pay .. all e"pense .. Incurred In enfor<-Inlf thl" S,,<.urlty
InstruD1ent, mcludmg. but not lunlted to. reasonable attorneys' fees. and (d) tak.,~ 'IUc.h acllon as Leooer
may reB..anably require to assW"e that the hen of this Socunty Instrument, Lender's right .. an the Property
and Borrower's obhgslJon to pay the sums secured hy ttu .. Secunty In .. truJTlent .. hall (..onttnue unchdnged
Upon reonstatement by Borrower, thts Security Instrument and the obhgallon .... ecured hereby .. ball
remain fully effecbve as If no acceleration had occurred However. thIS nght to "",mstate '1hall not apply
an the case of acceleratIon under paragraph 17 . ,
19. Sale of Note; Change of Loan Servlcer, The Note or a partIal Inlorest on the Note (together
WIth tha .. Secunty Instrument) may be sold one or more tunes WIthout pnor noh<-e to Borrower A sale
may result m a change In Ihe entIty (known as the "Loan Servtcer") that collects monthly payment .. due
under the Note and tlus Secunty Instrument There also may be One or mo .... <-hange. .. ,of the Loan
Servlcer unrelated to a sale of the Note If there 1'1 a change of the Loan Servlcer. Borrower WIll be
gIven written notice of the change In accordance WIth paragraph 14 above and apph" .. hlo law The nOllce
WIll state the name and address of the new Loan Servlcer and the addre,,'! to whIch payments should be
made The notice WIll also contam any other mfonnatlon required hy apphcable law
20, Hazardous Substances, Borrower shall not cause or pennlt the pre .. ence. u'le. dl'lposal, storage,
or release of any Hazardous Substances on or In the Property ,Borrower shall not do. nor allow anyone
else to do; anything affeCting t~Ptop~rty iJUii IS jrivlohltton' of any Envjronmental Loow The precedIng
two sentences shall not apply to the pre.'ience, u"e. or .. torage on the Property of "mdll quantlUe, of
Hazardous Substances that are generally recogruzed to be appropnate to normal resldenllal useb and to
mamtenance of the Property
'Borrower shall .promptly gIve Lender "'"lten nOllce of any Inve .. tlgatton, claIm, demand. law'nllt or
other action by any governmental or regulatory agency or pnvate party IOvnlvlng tho Property and any
Hazardous Substance or EnVironmental Law of whIch Borrower has dclUal knowledge If Borrower
learns, or 1'1 notd'ied hy any governmental or regulatory authoraty, that any removal or oth~r remedIation
of any Hazardous Sub'ltance. affechng Ih~ Property IS nec~ .. 'I&rY. Borrower .. hall promptly' tdke all
nec.essary remedull actions In accordance With EnVIronmental Law
As used \D thts paragraph 20. "Hazardous Suhstance,," are tho .. ~ .. ubsta""~ defined a'l tOXI<-or
haZardous substances by EnvIronmental Law and thc follOWIng 'lUbstances gasohne. kerosene, other
flanunable or tOXIC petrolcWn products, tOXIC poostlCldes and herhlcldes. volallle solvents. matenals
contalrung aSbestos or formaldehyde, and radJoactlve matenals As u...,d In th." paragraph 20.
"EnVironmental Law" means federal law'i and law~ of the )W"lsdlctaon where the Prop~rty 1'1 located that
relate to health, safety or envlronmcntal protechon
NON-UNIFORM COVENANTS Borrower and lAoo..r further covenant and agree as follow ..
21. AcceJendJon; Remedies, Lender shaU give notice to Borrower prior to acceJeratJon
following Borrower's breach of' any covenant or agreement In this Secunty Instrwnent (but not
prior to acceleration under paragraph 17 unless appbcable law provides otherwise), The notice
shall specifY: (a) the default; (b) the action required to cure the default: (c) a date, not lesoi than 30
days from the date the notice Is given to Borrower, by which the defauJt must be «:ured; and (d) that
failure to cure the default on or before the date specined In the notice may result In acceleration of
the SUl11S secured by this Security Instrument and sale of the Property at public auction at a date
not less than 120 days in the future, The notice shall further Infonn Borrower of the rIght to
reinstate after acceleration, the right to brlna a court action to assert the non-exlstence of a default
or IIny other dd'ense of Borrower to acceleration and Hale, and IIny other matters reqUIred to be
Included In the notice by appHeable law. If the default IS not cured on or before the date speclned
L067A-T (WA) 02'1 eloo
In the noto.ce, Lender at Its option may require lnuned1ate payment In fun of aU sums secured by
this Sec:unty Instrument without furtber demand and may Invoke'the power of sale and any other
remedies pernutted by appUcable law. Lender shaD be enUtled to collect aU expenses Incurred In
pursuing the remedJes provided In this paragrapb 21, Indudlna, but not limited to, reasonable
attorneys' fees and costs of Utle evidence.
If Lender lnvoJ(es the power of sale, Lender shaD give written noUce to Trustee of the occurrence
of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender
shall take such action regardlns notice of sale and shaD give such notices to Borrower and to other
persons as appUcable law may require. After tbe time r-equlred by appUcable law and after
publication of the noUce of sale, Trustee, without demand on Borrower, shaD seD the Property at
public auction to the highest bidder at the time and place and under the tenos designated In the
notice of sale In one or more parcels and In any order Trustee deienolnes. Trustee may postpone
sale of the Property for a period or periods pennltted by appUcable law by public announcement at
the time and place fixed In the notice of sale. Lender or Its designee IDay purchase the Property at
any sale. '
Trustee shall 'deliver to the purchaser TrUstee's deed conveying the Property without any
covenant or warranty, expressed or lmplled. The recltals In the Trustee's deed shall be pnma facie
e'Vldence of the truth of th~ statements made therein. Trustee, shaD apply the proceeds of the sale, In
the following order: (a) to aU expen.'ies of the sale, Includlna, but not limited to, reasonable
Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess
to the person or persons legplly endtJed to It or to the clerk of the superior court of the county In
which the sale took place.
22. Reconveyance. Upon payment of all sums secured by tlus Secunty Instrument, Lender shall
reqUest Trustee to reconvey the Property and shall surrender tJus Secunty lnstnunent and all notes
eVldenclDg debt secured by tlus Secunty Instrument to Trustee Trustee shall reconvey the J>roperty
w1thOut warranty and Without charge to the person or persons legally enhtled to It Such pel"lon or
persons shall pay any recordation costs
23. Substitute Trustee In accordance With appbcable law. Lender may from tune to time appomt a
successor trustee 10 any Tnll.t .... appolnled hereunder who h,,~ ceased to act Without <.Onveyam .. e of the
Property. the succ""",or trustee shall succeed to all the htle, power and dUlles conferred upon Tnastee
herem and by applicable law , '
24. Use of Property. The Property 1S not used pnnctpally for agncultural or farnungpurposes
2.5. RiderS to this secUrity Instrument. If one> or more nden are executed by Borrower and
recorded together With Ilus, Secunty Instrument, the covenants, and agreements of each such nder shall be
InCorporated U1lo and shall amend and supplement the covenants and agreements of tlus Secunty
Instrument as 1f the nder(s) were a part of this Secunty Instrument [Check apphcable box(es))
, c::Jcondomlrnum Rider
C)planned Urnt Development Rader
01-4 Faauly Rader c:::lAdJustable Rate Rider
[X]other(s) (Specify]
Addendum to UnlCono Deed of Trust
BY SIGNING BELOW. Borrower accepts and agrees to the tertnS and covenants contan\Cd In tbls
Secunty Instrwnent and In any rlder(s) executed by Borrower and recorded With It
-
k
ANNHTJ'B B DEMPS
(Over for notary acknowledgeinents)
(Pa~ 6 Df'1)
)
(" ....
c -..
060 200 238786_7
STATE OF WASHINGTON
) '1'1
COUNTY OF KING )
I cerhfy that I know or have sab .. factory evuience that Keith D. Demps and
Annette B. pemps
[Name(s) of person(s))
XXare the person(s) who appeared hefore me, and RInd pe"on('1) acknowledged that ~they) <ngned
thl'! lI1Strument and acknowledged It to be ~thel~) free and voluntary act for the U'l"8 and purpo'le ..
menuoned In tho mstroment '
(Signature)
Notary Public In and for the Stat .. of Wasb1.ngton
resIdIng at K1rkl.and
My comnusslon expIres __ ...;6"-'-' ... 2 ... 0 ... ''-0=2'--_______ _
STATE OF
) ''IS
COUNTY OF )
I certify that I know or have sansfactory eVidence that _____________________ _
[Name(lI) of peF'lon('I)]
Is/are the per'lOn(b) who appeared before me, and 'laId person(s) acknowledged that (h .. l .. he/th .. y) .. Igned
thiS IIIstrument, on oath stated that (he/sho/dley) wB'I/were authonz.ed to exe<..ut .. the Instrument Bnd ack'riOwiedged it as the ____________________________________ _
(Type of Authonty, e 8 , Officer, Trustee)
of_·_· __________________ ~~----~~~----~~~~~~----~~--~--~--~=_----~---
(Name of the Party on Behalf of Whom the Instrument was Executed)
to be the free and voluntary act of such party for the u'""s and purpO'le'l menhoned In the Instrument
Dated
(Signature)
(Seal or Stamp) Notary Pubhc an and for the State of _________ _
resldtn8 at
My corrUrusslon explre'l _______________ _
00366 '.'2126'
L067A-T CWA) 02/16/00
c.:::. c: , (. > c ....
".,-
050 200 238796-7
ADDENDUM TO UNIFORM DEED OF TRUST
Date December nnd, 2000
Addendum attached to' and f"onrung part oflhe Deed of TN .. ' <"Secunty 'n<;trumenl") of even dale by "m'
henNeen ________________ ~---------------------------------------------------------------------
KEITH D DEMPS AND ANNE'lTE B DEMPS, IWSBANDAND WIFE
as. Grantor/Borrower, OLD REPUBLIC TITLE LTD
as Trustee, and WASHINGTON FEDERAL SA VINOS as BeneficlarylLender
J •. OCCUPANCY OF THE PROPERTY BY BORROWER,
There are two .alternatlve covenants stilted below which refer to o(.cupancy of the Property by the
Borrower, and'only one ,,'ternatlve <;hall be II part of thl" Addendum Lender ha .. determmed wbl(..h
·alternatlve IS a covenant of the Borrower hy checking helow the appropnate h()x ()pp()~lte the paragraph
Immediately precedtng the paragraph Lender has determIned to be applicable to Borrower, and Borrow .. r
ha .. agreed to this chosen alternative by executlng thls Addendum to the Sel..unty Instrument and purqu.ant
to the terms of Lender's loan commitment
Occupancy of Property by Borrower ReqUired
IS amendcod by substttutang the followlng language
Umform Covenant 6 of the S~unty In<;trument
"Borrower shall occupy, establish and use th .. Property as Borrower'q pnnclpal resldenc .. wlthm
sixty (60) days after the execullon of thiS S .. cunty Instrument and shall conbnue to oCl..upy the
Property as Borrower's pnnclpal reSidence for at least one year after the date of occupancy, unless
lender otherwIse agrees In wnbng and 10 Its sole dlscrehon, proVided, however, that If the loan
eVIdenced by the Security Instrument .1" a 'custom' con<;truchon loan ab defined by a Con'ltrucuon
Loan Agreement bonNeen Lender and Borrower, then Borrower shall begin to occupy, estabhsb and
use the Property as Borrower's pnnclpal reSidence Wlthm SIXty (60) days after receIpt of Certificate
of' Occupancy, or SImilar offiCIal document, f'rom the appltcablo governmental authority, unless
Lender ·In Its dlscrehon. agrees In wnhng to waive any govenunental rcoqulrement Borrower
acknOwledges that Uruform. Covenant 6, as here amended, I" requIred by Lender In con'llderalJon of
Lender exlendmg Borrower' an 'Occupancy Note Rate' which IS les'! than the prevatlmg
'Non-Occupancy Note Rate' If Borrower shall default on the term<; of occupancy as
slated above, Lender may elect, al Its option and notwJthataNhng any oth .. r terms of the Secunty
Instrument to the contrary, any of the followll18 remedlO'l <a> Lender may accelerate the tenns of
the Nolearid; upon'f1fteen,(IS) days notIce, call tho loan linmedlately due and payable In full, and 'f
Borrower falls to make payment m full, ~ndcr may thereafter exercIse any rem«ly permltlt:d hy the
Secunty InstruJnent, lDCludlftg SUit on the Note 01' foreclosure upon the Security Interest and th ..
Property, 'or' (b) Lender lnAy adjust the Interest rate on the Note (and any monthly payment
occaSIoned by such adjustment) to Lender'R 'Non-Occupancy Note Rate' whIch eXisted a'l of" the
date of the Nole and Security Instrument and requIre further conqlderatlOn for not calling the loan
Immed'"tely due lind payable, IIlCJudmg bul not hnuted to (I) havIDg Borrower (..(Jnvey 10 Lender"
Fanme M.ae Mulllstatc 1-4 Family Rider (ASSignment of RenL'!) and (II) h"vmg Borrower pay any
amount of pnnclpal on the loan necessary (If at all) to make the loan conform to whatever
loan-to-valuc raho condItiOns Lender would have reqUired of a 'Non-Owner-Ol..Cupled Loan' on the
Property as of the date of the Note ~ Secunty In'ltrument "
o Occupancy of Property By Borrower' Waived.
.. IS deleted
UlUform Covenant 6 of the Security Instrument
2. ADDITIONAL SPECIAL COVENANTS.
A AddJtfonaJ Advance{<i)
.Tlns Secunty Instrument also secures the payment of any further sums advanced or loaned by
Lender 10 Borrower, or any of Its successors or assIgns, If (I) the Note or other wntlng .evldenclng
. the future advance or loan. specIfically states that It IS secured by this Secunty Instrument, or (2) the
advance, lDcludlng costs and expenses IncUi"Nd by Lender, IS made pursuant to thiS Secunty
Instrument or any other documents executed by Borrower eVIdencing, secunng, or relatlng to the
Note and/or the Collateral, whether executed pnor to, contemporeneously With, or subsequent to
this Security Instrument (thIS Secunty Instruinent, the Note and 'Iuch otheT documents, .ux.ludmg
any construclJon loan, land loan or other loan agreement, are hereInafter collechvely referred to as
the "Loan Documents"), togeth .. r WIth Intere"t thereon at the rate set forth In the Nol .. unle'!,
otherwise specIfied 1ft th .. Loan Documents or agreed to 1ft wnhng
L041 03/28/00
B Lender's Right of Acceleration and Judicial Foreclosure.
Uruiorm Covenant 19 and Non-Uruform Covenant 22 of the Security Instrument are &Dlended by
theaddlhon of the follOWing language, which """II modify the terms of Uruform Covenant 19 and
Non-Uruform Covenant 22 to the extent set forth nnmcdaately below
"Borrower acknowledges that the terms and COnditiOns of Uruform Covenant 19 and Non-Umform
Covenant 22 are Intended to avail Borrower of certain notice and reinstatement nghts If Lender
elects non-JudiCial foreclosure under Its power of sale In the event of default. and that Borrower has
a statutory nght of redempbon protecttng Borrower m the event of JudiCial foreclosure Therefore.
nomrltbstandlJl8 any proVlslon of Uruform Covenant 19 and Non-Umform Covenant 22 of dus
Secunty Instrument, If Lender, at Its own option, elects to accelerate the Secunty Instnunent by
commencement of Judlcl8l foreclosure for any default or breach by Borrower. the Borrower shall
.... ' not have the nght of relnstateinent or entitlement to certaui notices as proVided for In Uruform
c.c.:> Covenant 19 and Non-Untform Covenant 22 "
C. Reconveyance After Payment of Loan In Full. Non-Uruform Covenant 23 of the Secunty
D
Instrument IS reVIsed to read as follows
"23. Release or Reconveyance. Upon payment of all sums secured by tbts Secunty Iustrument,
Lender shall request Trustee to release or reconvey the Property and shall surrender this Secunty
Instrument and all notes eVidencing debt secured by ttus Sccunty Instrument to Trust_ Trustee
shall release or reconvey the Property Without warranty to the person or persons legally enbtled to
'Il Such person or persons shall pay any recordalton costs and reasonable trUStee's fee for release or
reconveyance ..
Mandatory Flood insUrance (or Property in Special Flood Hazard Areas. Uruform Covenants
3 and 5 are modtfied so as to add the followUlB language which affects both covenants
• If Ihe Property IS now or shall .over durtng this loan be determined by tho Federal Emergency
Management Agency (FBMA). or Its successor ageocy, to be Wlttun a SpecIAl Flood Hazard Area
:(SFHA). then to the extent flood UISI1J1lnce IS available for the Property, Lender WIll reqwre. upon
notice to Borrower of such dcterounatlon, that adequate flood IDSurance be mamtameci for tbe
1PlJ?~C)V~me_~~1I ~f t,t::.e, ~rQl?"$ aJ. ~~rro,wer'8 e~~~!IC, aAA l,..<oJ!der s\1~H ~. eJ;1tltl~ to. collect, ~ part
of 'Ule FUlids defined under Covenant 3, and to the extent authonzed by federal law and regulatton,
"Escrow Items" (reserves) for flood IDSurance premIUms. and If Borrower does not voluntarily pay
for the flood Insurance as part of said Funds, Lender shall be enhtled to obtain "forced place" flood
Insurance coverage for the Property Improvements and. In sO dOIng. eIther capltaltze the cost of
,,'Uch coverage to the pnnclpal balance of the loan or apply the payment as a "negatIve reserve".
Whereupon Borrower shall be deemed to be III default of thIS Secunty Instrument
E "Custom" Construe bon Loans. If ttus Secunty Instrument secures permanent financing to
construct or remodel a reSIdential dwelltng on the Property ("'custom' constructaon loan"), then tbe
. Construction Loan Agreement & ASSignment of Account SIgned by Borrower along WIth tlus
Secunty Instrument and Addendum shall be IDcorporated by reference tn and be a part of this
Secunty Instrument, and any default or breach by Borrower of the Construction Loan Agreement &
AsSignment of Account sball constatute a default or breacb of this Secunty Instrument. thereby
entitling Lender to any and all remedies allowed by the Secunty Instrument and appbcable law for
such default or breach
F E-Z Pay Option. If Borro""er elects the E-Z Pay optlon Ilt the l1'>CepttDn of trub loan, tben Lender
,shall temporarily defer the mro hundred dollar,($200) payment proC<>8s.ng charge which IS otherwtse
due and payable 1D full at clOSing However. If at any time, Borrower's E-Z Pay bank aCl-ount has
InsuffiCient funds to cover a payment when due. or If Borrower's E-Z Pay bank account JS closed,or
otherwise becomes unavailable to Lender for the payment of the loan. or ID the event Borrower
elects, at any tllne, to terminate the E·Z Pay option, then Lender may remstate and demand the two
hundred dollar ($200) ·payment proceSSing charge from Borrower In wh1ch event this charge shall
then be due and payable In full Lender shall Inform Borrower of tlus elecbon III wntang and
Lunder may. at Lender's option, either requIre Borrower to pay the payment processing charg"
Within J 0 days of receipt of wntten notice or add the amount of the charg" to the. remaaruog
pnn()tpal balance of the JOan If the charge IS added to the loan, tben It shall become addlbonal debt
of Borrower secured by ttus Secunty Instrument and shall hear Interest at the Note rate and shall be
payable In accordance With the terms of the Note
(Pall" 2of3)
-
)
-
I ,I
L041 03/28/00
" ,"
G Ha:zard, Property, or Flood Insurance. WIthout affecting the language contamed an Covenants 2.
H
S. and 7 of the Secunly Instrument and paragraph D above. Borrower I~ advlIled a .. follows
WARNING
Unless Borrower provides Lender With eVldeJK.e of til<' Insuranc .. c..ovcrdg .. d~ required hy the deed
of trust or loan agreement. Lerx)er molY purcha'IO Insuranc .. at Borrow"r'~' .. xpen'ie to' protect,
Lender' .. Inlerellt Thl'l Ulsur.4nc..e may. hu't need not. al'lo protec..1 horrower· ... Inte .... ~t If the
collateral hecome .. damaged, the coverage Lender purcha'les may not pay any c..lalm Borrow .. r
makes or any claim made agamst Borrower Borrower may later (..8ncel tlus coverage by provldmg
eVidenCe that II ha .. ohtaaned propea1y coverage elbdwher ..
Borrower 18 responsible for the "o"t of any Insurance purcha .. cd hy Lender Th .. c..o~t of tlub
lRsurance may he added to the loan halance If the cost IS added to the loan h.4l.4nc.. ... the Int .. r .... t
rate on the underlYing loan wtIl apply 10 tlu .. added dmount Th .. effec..hv" ddt .. of c...,v .. rdg" molY h ..
the date the pnor <.Overage lapses or the date Borrower falls to prOVide proof of cov .. ntse
The coverage Lender purchase'i may he coTlluderahly more expen·nve than II\.c;urance Borrower can
ohtaln,on Its own and rnay not 'lBtl"fy any need for propea1y damage coverage or any maridatory
hablhty Insurance requlrem .. nts Imposed by apphcable law
Late Charges and Other Fees Lender may, at Lender's ophon, either require Borrower to pay
any late, charge for overdue payments or NSFlretUrned Item feeb related to dny paymentb under the
Note, or add th .. amount of any such c..harges or foes to the remallung pnnc..lpal balanc..e of the loan
If thes .. charges' andlor fees are added to the loan. then they '1hall he<.ome dddltaonal d .. bt of
Borrower '1ecured .hy th ... Security Instrument and shaU hear ant .. ...,,,t at th .. Not .. rdte dnd ... h.U b ..
payable 10 accordanc .. With the t .. rms of the Not..
Asslgrunent of the Loan. If Lender transfers Its mlerost m or a nghl 10' r .. "elve loan paym .. nts
und .. r the Not .. secured by the Security IDlitrumenl, tlus Addendem. or dny part of II. may be
cancelled at the opbon of Lender and Without advance notice to Borrower, dnd Lender may make
and record any Inst",ment. Without signature' of Borrow .. r, which may he n"" .... ~lIry to gtY .. , r .. c..()rd
nottce of such cancellatIOn
/J'S/
ANNETTE B DHMPS
003611 1412 12&7 L041 03/29/00
\
CITY CLERK DIVISION
MEMORANDUM
DATE: November 4, 2004
TO: Carrie Olson, Development Services
FROM: ~ebbie Evans, 425-430-6513
SUBJECT: Parkview Homes (FP-04-071), PID 3343900860
Joint Access, Utilities & Maintenance Agreement,
Recording #20041005002154
The attached document has been recorded with King County, and is being returned to
you. Please forward copies to the parties of interest, and retain a copy for your file. The
original document has, been placed in the City Clerk's file. A copy has also been placed
in the Land Use file.
The mylar for this project has not been returned to our office by King County Recording,
but their website shows that it was recorded as 20041005002153. I have asked Mari
Trujillo to check on this, and I will let you know the outcome.
Attachment
........
.......•..
6 Centre 33701 9th Avenu. South ~ Federal Way. WA. 98003
_~_ Pointe (253) 661-1901
t Surveying
LUA+04-o7l-FP
LND-iO-03fl8 ........ :': ..... .
DRAY!( DY'. .J Kleswet ter CH1.CDD fit. S Woods
DAm August 11. 2004 lOS ""'" 2225
~ NA ~. "1., 2225 .....
::. '.: .:.: .,'.:: .... '. : ~
::-:..;.... . .....
:::
DlDDiIA1.t
NE-NE 05, T23N, R5E, WM
Mark Rousso
4734 Northeast 4th Street
Renton. WA 98059
KING COUNTY, WASHINGTON
SHEET 1 OF 3
\
PARKVIEW HOMES •..• ~
A PORTlON OF THE NE 1/4 OF THENE 1/4 OF SEC. 05, TWP. 23N., RNG. 5l<{:'··.·.JI. M>\.,
::,',:' .. :.,':.
CITY OF RENTON,
Legal Description:
I h':? East half of Tract 223. C. a Hillamn' 5 Lake Was;lington ~~[lr(]'!!n of EO(ln MrHtlc:n to Seattle Division No, 4, (\r.I;(,'"dtng tu tile-plat lhereor recorded in VOlume 11 of Plats. Paga 82. in King County. t:eshington.
..... : .. ~ .. VfCINTTY MAP
......... :::: ......... }~. 1/4 mi le
\
'.
:.' KING COUNTY, .......
\.,-... "" ... ,.
':'"
-& . Centre 33701 9t.h ''''"u, South
. ~ . Fedel'6.l Way. VIA. 90003 _~_ Pointe (253) 661-1901
t Surveying
DUJlt1ll. J Kioswetter CHlXItlDBY. 5 Wood!
oPJRts 5-23-2005 nAI!: August 11. 2004 »8 NAWt: 2225 ...... ~::~f;~::....L ________ .:.._L.:::::====:::J!te 1"-1320' JOBFlI.: 2225
WASHI~:TON""" .... ,." ...... .
tUlO,\Tl
. ...
':'"
NE-NE 05, T23N, R5E, WM
Mark Rousso 4734 Northeast Atn Street
Renton. WA 98059
KING COUNTY, WASHINGTON
SHEET 2 OF 3
,.,.
The Itf'~ Hne ot th, Erst IlZIlt !ltT:"lItt2Z\ C.D./Ulllllillu·s L"ke HB5r\JI'I~~GII Gilrllm Of EO'JII ol(lc I tllln lo 5aut)! ilhldllll foIll, 4,
-.--.-t --. - --. ~~~..;::-
',::};;l£~~;~iti:'"
, ,
~
" o ,.
EJ> '" '" '"
LOT 9 =
• r"" ~~~ .gf'i .".'" "0 o z
LOT 0 =
.:.,: ..... ,'.'
~+---~~~~~71~11~~2~9~·-t.g
I·' I.'"
:.'
.....
"'::.
1 "':'. •. ,:_. _ .. ___ JO
II .~SCALE: ~]j" 40'
,.-
' .... :,'
. g,-----o ~ o· . , g .~
6 Centre 33"101 91b Avr.nue South
,
Federa) 1I1:I;Y. WA 90003 __ .... Pointe (2~3) 661-1901
Surveying
PlU.J\f n ,J Kieswet tar tlfICKl» Bt 5 Hoods
DAT£: August 11. 2004 JOB liAlm 2225
""" 1-' 40' 2225
:.:':~~~.
~:
..... .: .. : ...... .
. ':. '.::: ..•. : ~""
Total Acreage:
OVERALL -76990 sa. FT.I t. 765 ACRES
DEDICATED RIGHT-oF-NAY: 971000. FT./ 0.223 ACRES
"'ti_ NE-NE 05, T23N, R5E, WM
"""" roo Hark Rousso
473.d Nor'tlleast 4th Street
Renton. W.A. 9a059
KING COUNTY, WASHINGTON
SHEET 3 OF 3
I
.. ....... :.
.... ~ ....•. :: ...
......
Ii I
./. L u;t -0'-( -0 "1 (
Return Address:
CitY9f Renton
City q~erk's Office
1055 S Grady Way
Renton, WA 98055
0llli JJJIl
DECL 2S.ee
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 6504)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. Joint Access, Utilities and Maintenance Agreement
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page 2 through 7 of this document
Grantor(s) (Last name, first name, initials)
1. J & M Development Corp. ..
Additional names on page __ of document.
Grantee(s) (Last name first, then first name and initials)
I. Owners of Lots 7,8,9 and 10 of Park view Homes
Additional names on page __ of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
The East half of Tract 223, C.D Hillman's Lake Washington
Garden of Eden Addition to Seattle Division No.4,
according to the plat thereof recorded in Volume 11 of
Plats, Page 82, in King County, Washington.
Additional legal is on page 6 of document.
Assessor's Property Tax Parcel/Account Number o Assessor Tax # not yet assigned
334390-0860
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 of the original document.
--=(:::/_·-~2~ .. Y:.../!::.1f~~:!-t.1.:!.~(j~.,.L1J.. :.tk~>~/L~::::::=======:=::::::::~/~_Signature of Requesting Party
After Recording, Return to:
City of Renton
City Clerk's Office
1055 ~ Grady Way
Renton, WA 98055
[Space above this line for Recorder's use only]
DECLARATION OF
JOINT ACCESS, UTILITIES AND MAINTENANCE
this Declaration of Joint Access, Utilities and Maintenance (the "Declaration") is being
made on the date hereinafter set forth, by J&M Land Development, Inc., a Washington
corporation ("J&M").
RECITALS:
WHEREAS, J&M is in the process of platting into ten lots certain real property that it
owns. However, only Lots 7, 8, 9 and 10, legally described on attached Exhibit A, are affected
by this Declaration.
WHEREAS, J&M is constructing a twenty (20) foot wide private driveway Twenty (20)
feet of which will be comprised of an impervious material, e.g., asphalt ("Driveway"),
graphically depicted, and legally described on Exhibit B attached hereto, to provide shared access
to Lots 7,8,9 and 10.
WHEREAS, J&M undertook installing, for the benefit of Lots 7,8,9 and 10: certain
utilities, including, but not limited to cable, phone, electrical, water, sewer, gas and shared storm
drainage.
WHEREAS, this Declaration establishes mutual easements and maintenance obligations
regarding the shared Driveway and the improvements, including the utilities, within the
Driveway.
NOW, THEREFORE, J&M hereby declares as follows:
1. Grant of Easement. J&M hereby declares perpetual, non-exclusive mutual
easements to and for the benefit of Lots 7, 8, 9 and 10, over, under and across the Driveway
depicted and described on the attached Exhibit B (the "Easement Area"), for the purpose of
ingress and egress, and utilities, including storm drains. The scope of the easements granted
Page 1 of6
~.
--~
hereunder shall include the right to install, construct, operate, maintain, remove, replace, repair,
and use a paved joint driveway and all utilities located thereon (including but not limited to,
power, water, drainage, sewer, and appurtenant facilities).
2. Maintenance and Repair. The owners of Lots 7,8,9 and 10 shall share equally
the costs of maintaining and repairing the following: the Driveway, and the shared underground
utilities, including the storm drainage. Any catch basin, if any, shall be inspected and cleaned on
a semi-annual basis and the costs associated therewith shall be shared equally by Lots 7,8,9 and
10. All costs related to storm water runoff control shall be borne equally by the owners of Lots 7,
8, 9 and 10. The Lot owners shall share equally the cost of all real estate or other taxes
applicable to the Driveway, if any. Provided, however, the cost of any repairs to the Driveway, or
to other items that are to be mutually shared and maintained by the Lot owners as described
herein, resulting from the negligence or intentional misconduct of any Lot owner, shall be paid
by the Lot owner causing the damage except to the extent such cost is covered by insurance.
Unless otherwise agreed in writing by the three Lot owners, all maintenance and repair decisions
shall be by unanimous written consent of the Lot owners. After receipt of such unanimous
written consent, any Lot owner incurring such maintenance and/or repair costs, shall provide a
written invoice to the other Lot owners stating each Lot owner's pro-rata share of such costs, and
the other Lot owners shall pay the invoice within thirty (30) days of receipt thereof. Any overdue
amounts shall bear interest at the lesser of twelve percent (12%) or the highest nonusurious rate
permitted by law, and the substantially prevailing Lot owner(s) in any action to recover those
. amounts shall be entitled to their reasonable attorneys' fees and costs.
3. Separate Utilities. Each owner of Lots 7, 8, 9 and 10 shall be solely responsible
for the costs of installing,~ replacing, repairing, and maintaining those utilities now or hereafter
maintained within the Easement Area that serve such owner's property and not the other Lot
owners' property.
4. Reservation. J&M and all future owners of all or any portion of Lots 7,8,9 and
10 reserve all rights not expressly granted hereunder.
5. Indemnity and Insurance. The owners of Lots 7,8,9 and 10, and such owners'
successors· and assigns (each an "Indemnitor"), agree to indemnify,'defend, and hold the other
owners and such other owners' successors and assigns harmless, from and against any' and all
claims, liens, losses, liabilities and expenses, including attorneys' fees and court costs, incurred
by or asserted against such owners or their successors and assigns, as a result of any negligent or
wrongful acts or maintenance or repair on the Easement Area by the Indemnitor or its employees,
agents, tenants, contractors, successors or assigns. This indemnity shall run with the land and
shall inure to the benefit of the owners of all or any portion of Lots 7,8,9 and 10. Each owner
shall at all times, at its sole cost and expense, keep in full force and effect a policy of commercial
general liability insurance insuring against any and all claims or liability arising out of the use or
maintenance of the Easement Area, in an amount of not less than One Million Dollars
($1,000,000) per occurrence, covering bodily injury to persons, including death, and damage to
property, including automobile liability coverage and contractual liability endorsement covering
Page 2 of6
the indemnification covenant stated above; and shall insure the hazards of the Easement Area and
the insured party's operations thereon, including the acts of its independent contractors. Each
party shall be named as an additional insured under the policy of the other party, such coverage
may not be discontinued or terminated except upon thirty (30) days prior written notice to the
other party, and each policy shall have a deductible of not more than $5,000.
6. Reasonable Use. The owners and their tenants, employees, agents, contractors,
successors or assigns shall use the Easement Area in a reasonable manner consistent with this
Declaration and, to the extent reasonably possible, shall avoid disturbing the other owner or its
agents, employees, tenants, contractors, successors or assigns.
7. Notices. Any notices required or permitted hereunder shall be in writing and shall
be effective when delivered in person, the third day after being sent by registered or certified
United States mail, return receipt requested, postage prepaid, or the first business day after being
sent by overnight courier, addressed to the owner of Lots 7, 8, 9 and 10, as the case may be, at the
current mailing address listed in the records of the King County Assessor.
8. Covenants Running With the Land. The rights and restrictions contained herein
shall be deemed appurtenant covenants running with the land and shall benefit and be binding
upon the owners of Lots 7, 8, 9 and 10, and their respective heirs, successors and assigns.
9. Costs and Attorneys' Fees. Should an owner of Lot 7,8,9 and 10 initiate legal
proceedings to adjudicate any issues arising hereunder or to enforce any term, the party who
substantially prevails shall be entitled to reimbursement of their reasonable attorneys' fees, costs,
and expenses reasonably incurred in preparing to bring suit, during suit, on appeal and in
. enforcing any judgment or award.. It is agreed that any action at law or equity shall be brought in
King County, Washington.
10. WaiverIModification. Any waiver of any breach shall not be considered a waiver
of any future similar breach. There shall be no modification or amendment to this Declaration
except in a writing signed by all of the owners of Lots 7,8,9 and 10.
The foregoing Declaration and any rules and regulations adopted hereunder are in the best
interests of the Plat. Any subsequent owner of Lots 7, 8, 9 and 10 shall be bound by this .
Declaration and the terms and conditions set forth herein.
DATED this 24th day of September 2004.
J&M LAND DEVELOPMENT, INC.,
a Washington corporation,
~Me~/L
arRousGesident
Page 3 of6
":LJ \ &.pbt~-"-THIS IS TO CERTIFY that on this ~ day of Jt:me 2004, before me, the undersigned,
a Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Marc Rousso, to me known to be the President of J&M Land Development, Inc., the
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said limited liability company for the uses
and purposes therein mentioned, and on oath stated that he is authorized to execute said
instrument.
Page 4 of6
EXHIBIT A
[Legal Description of Lots 7,8,9 and to]
LOT 7
Lot 7 of the Plat of Parkview Homes, as recorded in Volume _ ,of Plats, at pages __ to
__ , records of King County, Washington.
LOT 8
Lot 8 of the Plat of Park view Homes, as recorded in Volume _ ,of Plats, at pages __ to
__ , records of King County, Washington.
LOT 9
Lot 9 of the Plat of Park view Homes, as recorded in Volume _ ,of Plats, at pages __ to
__ , records of King County, Washington.
LOTtO
Lot 10 of the Plat of Park view Homes, as recorded in Volume _ ,of Plats, at pages __ to
,records of King County, Washington.
Page 5 of6
EXHIBITB
Joint Access, Utilities and Maintenance
Description
Commencing at the southwest comer of the east half of Tract 223, C.D Hillman's Lake
Washington Garden of Eden Addition to Seattle Division No.4, according to the plat thereof
recorded in Volume 11 of Plats, Page 82, in King County, Washington.
thence North 00°30'57" West, along the west line of said east half, a distance of 385.00 feet;
thence North 39°34'05" East, a distance of 55.00 feet to the True Point of Beginning; .
thence North 42°47'03" East, a distance of 15.43 feet;
thence North 00°30'57" West, a distance of 103.62 feet;
thence South 89°56'57" East, a distance of20.00 feet;
thence South 00°30'57" East, a distance of 111.36 feet;
thence South 42°47'03" West, a distance of25.95 feet to a point of cusp on a curve concave to
the southwest having a radius of 55.00 feet and a central angle of21 °07'36" and being subtended
by a chord which bears North 39°52'07" West 20.17 feet;
thence northwesterly along said curve, a distance of 20.28 feet to the True Point of Beginning.
Page 6 of6
Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, W A 98055 III 410 CITY OF RENTON BS PAGElll OF liZ 11/15/Z114 13:Z4 ICING COUNTY, LlA
(00
Address: 2. 30cc Nt:. ~ ST
The Grantor, as named above, for, and in consideration of mutual benefits, bereby grants, bargains, sells and delivers to
the Grantee, as named above, the follov.ing described personal property:
WATER SYSTEM: ~ Size ~
SANITARY SEWER SYSTEM: ~
STORM DRAINAGE SYSTEM:
2,Q
~ ~
lot?>
L.F. of
L.F. of
L.F. of
each of
each of
each of
L.F. of
L.F. of
L.F. of
each of
each of
each of
L.P.of
L.P.of
L.F. of
Water Main
Water Main
Water Main .. Gate Valves .. Gate Valves
Fire Hydrant Assemblies
Size ~
B P\lC Sewer Main
Sewer Main
Sewer Main
1B .. . Diameter Manholes
.. . Diameter Manholes .. Diameter Manholes
Size ~ 12-It CRe.F Storm Line e It p.I.. SlormLine
Storm Line
each of ,. Storm Inlet/Outlet
each of 2B> " T'i~ I Storm Catch Basin
each of Manhole
STREET lMJ'ROVEMENTS: (Including Curb, Gu~er, Sidewalk, Aspbalt Pavement)
Curb, Gutter, Sidewalk SCfl» L.F.
Asphalt Pavement: lOtOS" SY or scr{P L.F. of liD I Width
STREET LIGHTING:
# of Poles
By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against a1l and every person
or persons, wbomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors,
administrators and assigns forever. t)o(J _ 0 In.
H:\FILE.SYS\FRM\&4HNDOU1\BJLLSALE.OOCW.AS Page 1
Fonn 84 OOOllbh
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below.
lleu,-jh,,{ < 0
INDIYIDUAL FORM OF A CKNOWLEI>GMENT
Notmy Seal must be within box STATE OJ'' WASJiINGTON ) ss --.... 'R ... ""', COUNTY OF KING ) • :~~ ••• : ~~~, '. I certify that I know or have satisfactory evidencc that J1arc R(})'(s ~O :;I l' ~'f;:.<£,s'ON"i ..... ~ 't ."'f"': "tS . ~' ~'-~ I, va1 MezlstrtUr 0 signed this instrument and ! ~ /~ ~OTARy ~\ ~ " acknowledged it to be hislherltheir free and voluntary act for the uses and purposes
I. : () --_ m : ~ mentioned in the instrument
'I • ""-~ -e " ~. PUauc .: ~ /1 ,,)//1",:" 0-~ p ae
'f ~... ~." ~...:U::,:Vf/~ vr.~ '~=;..;.=~'\~~=~~;::;:-::;:::=-______ ~ 'I -?A.·.'?:19-0~."" £ Not"rv Public in and for the State of Washington \\<:-~ Of:I~',~-';:~~ _: .... J
'" rVI'\>;)t"l'__ Notary (Print) Aan~ 12; A?Waod?C ",', .... '
Notary Seal must be within box
My appointment expires: . ..."u"""--..... 1 .... 9<---_o_6=·· ______ _
Dated: <1'/1" /0
REPRESENTATIVE FORM OF ACKNOWLEDGMENT
STATE OF WASHINGTON ) SS
COUNTY OF KING )
I certify that I know or han satisfactory evidencc that _______ _
_ -:-:-:--:---:-~ __________ signed this instrument, on oath
stated thilt helshcltbey waslv.'ere authorized to execute the instrument and
acknowledged it as the and ______ _
of to be the free and voluntmy 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 ACKNOWLEDGMElI7
Notary Seal must be within box STATE OF WASHINGTON) SS
COUNTY OF KING )
On this day of , 19---, before me personally appeared
~----------------------------------~--_to~knOWDto be of the corporation that
executed the within instrument, and acknowledge 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 and that the seal affixed is the corporate seal of said corporation.
Notary Public in and for the State of Washington
Notary (Print) ____________ _
My appointment expires: ______________ _
Dated:
Page 2
"
"
September 13, 2004
ADMINISTRA TIVE
REPORT
CONSENT AGENDA
Council Meeting Minutes of
August 23, 2004
Appeal: Sunset Bluff
Preliminary Plat, SR 900 LLC,
PP-04-002
CAG: 04-113, 200 Mill
Building Chiller Replacement,
MacDonald-Miller Facility
Solutions
Court Case: Kelly A Wright,
CRT-04-006
Plat: Parkview Homes, NE
24th St, FP-04-071
Annexation: Johnson, 142nd
AveSE
Renton City Council Minutes Page 303
Councilman Corman suggested that staff consider limits by distance when
evaluating the view obstruction issues.
Chief Administrative Officer Jay Covington reviewed a written administrative
report summarizing the City's recent progress towards goals and work
programs adopted as part of its business plan for 2004 and beyond. Items noted
included:
• The King Conservation District Board of Supervisors recently awarded the
Renton Parks Division the 2004 Local Government Conservation Award
for the division's initiative and support on habitat enhancement work at the
Black River Riparian Forest.
• A new ordinance related to motorized foot scooters is now in effect in
Renton. The ordinance requires scooter users to be age 13 years or older;
obey all rules of the road; wear helmets; and affix a muffler or modified
muffling device to the scooter. They are not allowed in any park, trail, or
sidewalk, or on streets with a speed limit above 25 miles per hour.
Additionally, scooters may not be operated from one-half hour after sunset
to one-half hour before sunrise.
• Renton residents will see a change in the day their garbage, recycling, and
yard waste are collected beginning October 4th. Customers will soon
receive printed information about the change in their collection day.
Items on the consent agenda are adopted by one motion which follows the
listing.
Approval of Council meeting minutes of August 23, 2004. Council concur.
City Clerk reported appeal of Hearing Examiner's decision on the Sunset Bluff
Preliminary Plat (PP-04-002); appeal filed by SR 900, LLC, 9125 10th Ave. S.,
Seattle, 98108, on 8117/2004, accompanied by required fee. The appeal packet
includes an additional letter from Herons Forever as allowed by City Code.
Refer to Planning & Development Committee.
City Clerk reported bid opening on 9/3/2004 for CAG-04-113, 200 Mill
Building Chiller Replacement; three bids; engineer's estimate $180,000; and
submitted staff recommendation to award the contract to the low bidder,
MacDonald-Miller Facility Solutions, Inc., in the amount of $121,594.88.
Council concur.
Court Case filed by Diane L. Vanderbeek, Attorney at Law, on behalf of Kelly
A. Wright, alleging assault and battery, violation of civil rights, intentional
infliction of emotional distress, and negligence while in the custody of the
Renton Police Department on 8/27/2002. Refer to City Attorney and Insurance
Services.
Development Services Division recommended approval, with conditions, of
Parkview Homes Final Plat; ten single-family lots on 1.77 acres located at
Camas Ave. NE and NE 24th St. (FP-04-07l). Council concur. (See page 305
for resolution.)
Economic Development, Neighborhoods and Strategic Planning Department
recommended a public hearing be set on 10118/2004 to consider the proposed
R-8 zoning for the Johnson Annexation; 18.24 acres located east of 142nd Ave.
SE and south of SE 118th S1. Council concur.
September 13, 2004
Plat: Jericho, Jericho Ave NE,
PP-04-031
Public Works: Surplus of City-
Owned Property, 901
Harrington Ave NE
Police: Jail Administration
Interlocal Agreement, Various
Cities
Lease: Lane Hangar
Condominium Owners
Association Addendum #2,
Airport, LAG-99-OO3
Airport: Ace Aviation
Operating Permit &
Agreement
Transportation: 1-405
Congestion Relief & Transit
Projects Memo of
Understanding, WSDOT
CAG: 03-034, Water System
Plan Update, RW Beck
CAG: 03-115, East Kennydale
Sanitary Sewer Infill & Water
Main Replacement Phase IT,
Robison Construction
Added
CORRESPONDENCE
Citizen Comment: Head -One-
Way Streets
Renton City Council Minutes Page 304
Hearing Examiner recommended approval, with conditions, of the Jericho
Preliminary Plat; 35 single-family lots on 5.31 acres located at 335 Jericho Ave.
NE (PP-04-031). Council concur.
Planning/BuildinglPublic Works Department recommended approval to declare
surplus City-owned property located at 901 Harrington Ave. NE (old Fire
Station #12), and to set compensation for the property at $475,000. Refer to
Community Services Committee.
Police Department recommended approval of an interlocal agreement for jail
administration with various cities to establish the purpose, membership, and
governance of oversight groups to administer the jail contracts with Yakima
and King County. Renton's expenditure in 2004 is $4,393. Refer to Public
Safety Committee.
Transportation Systems Division recommended approval of Addendum #2 to
LAG-99-003, Airport lease with Lane Hangar Condominium Owners
Association, for a rent increase from $12,682.82 to $13,597 annually. Council
concur.
Transportation Systems Division recommended approval of an operating permit
and agreement with Ace Aviation, Inc. for an aircraft maintenance facility at
the Airport. Additionally, approval was sought for the Airport sublease
agreement between Bosair, LLC and Ace Aviation, Inc. Refer to
Transportation (Aviation) Committee.
Transportation Systems Division recommended approval of a memorandum of
understanding establishing a cooperative relationship with Washington State
Department of Transportation for the 1-405 congestion relief and transit
projects. Refer to Transportation (Aviation) Committee.
Utility Systems Division recommended approval of Addendum #2 to CAG-03-
034, contract with R.W. Beck, Inc. to complete the update of the Water System
Plan in the amount of $65,448; and approval to transfer $46,000 from the
Reservoir Re-Coat project budget to the Water System Plan Update project
budget. Refer to Utilities Committee.
Utility Systems Division submitted CAG-03-115, East Kennydale Sanitary
Sewer Infill and Water Main Replacement Phase IT; and requested approval of
the project, authorization for final pay estimate in the amount of $7,881.46,
commencement of 60-day lien period, and release of retainage bond in the
amount of $65,528.19 to Robison Construction, Inc., contractor, if all required
releases are obtained. Council concur.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
At the request of Councilman Corman, correspondence was read from Douglas
R. Head, Edward Jones, 4250 NE 4th St., Suite B, Renton, 98059, in which he
references an article in the Renton Reporter regarding Renton's street system.
He indicated that the outdated and confusing street system needs updating.
MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE
TOPIC OF ONE-WAY STREETS TO THE TRANSPORTATION
COMMITTEE. CARRIED.
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3714
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (PARK VIEW HOMES; FILE NO. LUA-04-
071FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
ofland as hereinafter more particularly described, located within the City of Renton, has been duly
approved by the PlanningIBuildinglPublic 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 PlanninglBuildinglPublic 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. 3714
(The property, consisting of approximately 1.77 acres, is located in the vicinity of
Camas Avenue and NE 24th St.)
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 PlanningIBuilding/Public Works
Department dated August 20, 2004.
PASSED BY THE CITY COUNCIL this 13th day of __ s=e=p:::..::t=e=m~b=er=--_, 2004.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 13th dayof __ s_e=--p_te_m_b_e_r ____ , 2004.
Approved as to form:
RES.I068:8/24/04:ma
2
.-
RESOLUTION NO. 3714
Exhibit A
The East half of Tract 223, C.D Hillman's Lake Washington
Garden of Eden Addition to Seattle Division No.4,
according to the plat thereof recorded inVolume 11 of
Plats, Page 82, in King County, Washington.
'RESOLUTION NO. 3714
SITE
. NORTH
20TH ST
-
VICINI·TY·tV1AP .. .> '. ',1
N.T.S. \
/
DATE:
TO:
FROM:
. SUBJECT:
CITY OF RENTON
PLANNINGIBUILDINGIPUBLIC WORKS
MEMORANDUM
August 31, 2004
Bob Mac Onie
Sonja Fesser, Technical Services
Arneta Henninger, X7298 It ~
DEMPS PARKVIEW HOMES FINAL PLAT
LUA 04-071 FP
CAMAS AVE NE AND NE 24TH ST
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: Yellow File
Name Title Date
, V,'7t ) ff' <31 oath d
Name . e Date
ajalh4 I
wore: : ~;s...L I ~ ~Cf 10 THE
A.TT;~ .. J!:::H·Eb MEMo .
,
• "
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
August 26, 2004
Arneta Henninger
Sonja J. Fesser.$l
Parkview Homes Plat, LUA-04-071-FP
Format and Legal Description Review
Bob Mac Onie and I have reviewed the above referenced submittal and have the following
comments:
Comments for the Applicant:
File City of Renton Monument Cards with the city, after the monuments have been set.
Reference the private drainage easement on the plat drawing. Without said reference, there
appears to be no need for the "ACCESS EASEMENT" AND "DRAINAGE EASEMENT
RESTRICTIONS" blocks noted on Sheet 2 of 3.
COMMENT: The legal descriptions contained within Exhibit A of the "DECLARATION OF
JOINT ACCESS, UTILITIES AND MAINTENANCE" document are incomplete. At the least,
include spaces for the Volume number of the plat and corresponding page number, and reference
"records of King-County, Washington".
Comments for the Project Manager:
Include in the recording instructions for this plat that there must be a cross-referencing of
recording numbers between the plat (Sheet 2 of 3, Item NO.4 of "PLAT NOTES") and Exhibit A
of the Declaration of Joint Access, Utilities and Maintenance document. The declaration
recording number goes on Sheet 2 of the plat submittal, and the plat recording number is noted on
said Exhibit A.
\H:\File Sys\LND -Land Subdivision & Surveying Records\LND-lO -Plnts\0398\RY040825.doc
Printed: 09-23-2004
Payment Made:
CITY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA04-071
09/23/2004 04:35 PM Receipt Number: R0405182
Total Payment: 15,628.59 Payee: J & M LAND DEVELOPMENT
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
Trans Method Description Amount
Payment Check 2190 15,628.59
Account Balances
Amount
4,776.84
4,392.00
6,459.75
Trans Account Code Description Balance Due
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
5023 0
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/ErS/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
.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
.00
Remaining Balance Due: $0.00
D~"IC! ~ . -Kathy Keolker-Wheeler, Mayor
f CITY JF RENTON ,.
City Clerk
Bonnie I; Walton
September 14, 2004
Mr .. Marc Rousso .
J &M Land Development·
P.O. Box 2566 '
Renton, W A 98056
Re:Parkview Homes. Final Plat; File No.LUA-04-071
. bear Mr. Rousso:
At the regular Co~ncirm~eting of September 13, 2004, the Renton City Council approved
the referenced fina:lplat by a90pting Resolution No; 3714. A copy of the resolution is
enclosed for your files.
. "" . . .
If I.canprovide 'additional information orass~st~nc,e,pleasef~el free to contact me.
. " Sincerely, " . . , " '.: .~.'
.. ~ ....•.. ~ Uh···~· ' ....... . '. .. . .
. . ~ . ",. . , .
. . . .
Bonnie I. Walton
.. City Clerk
Enclosure
Cc: Mayor Kathy Keolker-Wheeler ..
Council President Don Persson
: :~
. Arneta Henni~ger,Q~velopment Services Division
Keith· & Annette Demps, 2308 NE 24th St, Renton,WA 98056.· . . .
Stephen Wood~; Centre Pointe Surveying, 337019d1 Av S, Federal Way, WA 98003
'--1-:-05--5--S-'-ou-t--h O-ra-dy-W---ay"...·· ---R-en-t-on-, --W-as-h-:-in-gt-on-9S-0-5-5 --(-;-42-5-) 4-3-0--65-1-0-'-/ F--A)(-( 4-2-5-) 4-3-0--65-1-=-6-~
® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE
:lio ••
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3714
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (PARKVIEW HOMES; FILE NO. LUA-04-
071FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
ofland as hereinafter more particularly described, located within the City of Renton, has been duly
approved by the PlanningIBuildinglPublic Works Department; and
WHEREAS, after investigation, the Administrator of the PlanningIBuildinglPublic 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 hereofas iffully set forth
1
RESOLUTION NO. 3714
(The property, consisting of approximately 1.77 acres, is located in the vicinity of
Camas Avenue and NE 24th St.)
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 20, 2004.
PASSED BY THE CITY COUNCIL this 13th day of __ s-"-e"--"p'--"t'--"e_m--'-b-".-er"---_, 2004.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 13th day of __ s_e_p_te_m_b_e_r ____ , 2004.
Approved as to form:
RES.I068:8/24/04:ma
2
RESOLUTION NO. 3714
Exhibit A
The East half of Tract 223, C.D Hillman's lake Washington
Garden of Eden Addition to Seattle Division No.4,
according to the plat thereof recorded inVolume 11 of
Plats, Page 82, in King County, Washington.
"
RESOLUTION NO. 3714
SITE
~.
I!:! w
~ ::::
~ ~
~ ~
. NORTH ~ fa CI) ~ o· ~ ~ ""S
~ ~ ~
~ ~ ~
~ ~. "'i(
HE 20TH ST ~ (S. i! lU
VICINITY MAP .
N.T.S.
September 13, 2004
UNFINISHED BUSINESS
Finance Committee
Finance: Vouchers
. Community Services
Committee
Community Services: Renton
Composite Squadron, Meeting
Space
Planning & Development
Committee
Vacation: Process
RESOLUTIONS AND
ORDINANCES
Resolution #3714
Plat: Parkview Homes, NE
24th St, FP-04-071
Ordinance #5092
Annexation: Tydico, 136th
AveSE
Ordinance #5093
Annexation: Tydico, R-8
Zoning
Renton City Council Minutes Page 305
Finance Committee Chair Corman presented a report recommending approval
of Claim Vouchers 229833 -230367 and four wire transfers totaling
$5,106,714.35; and approval of Payroll Vouchers 53094 -53435, one wire
transfer, and 612 direct deposits totaling $2,032,816.49. MOVED BY
CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED .
Community Services Committee Chair Nelson presented a report regarding the
Civil Air Patrol's (Renton Composite Squadron) request for meeting and office
space. The Committee met to discuss this issue on 7/16/2003. While there is
. nothing available at City Hall or the Renton Municipal Airport, there has been
an effort made to try to find alternate office space for the Civil Air Patrol. As a
result of this, the Civil Air Patrol has been given a contact at the Salvation
Army offices. At this time, the Committee recommended that no further action
be taken and this matter be closed. MOVED BY NELSON, SECONDED BY
PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED.
Planning and Development Committee Chair Briere presented a report
regarding the City process for street vacations. The Committee met with staff
to discuss the process for how the staff processes street vacations. As a result
of these discussions, the Committee recommended that staff add an additional
step to the vacation process. For each street vacation, it was determined that a
briefing should be provided to the Committee prior to the public hearing.
MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
The following resolution was presented for reading and adoption:
A resolution was read approving the Parkview Homes Final Plat; approximately
1.77 acres located in the vicinity of Camas Ave. NE and NE 24th St. (FP-04-
071). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL
ADOPT THE RESOLUTION AS READ. CARRIED.
The following ordinances were presented for second and final reading and
adoption:
An ordinance was read annexing 9.61 acres of contiguous unincorporated
territory known as the Tydico Annexation, by the election method, setting the
taxation rate, and fixing the effective ,date of 9/22/2004 for the annexation. The
site is generally bounded by the centerline of NE 3rd PI., if extended, on the
north; the centerline of SE 132nd St., if extended on the south; 134th Ave., if
extended on the west; and Bremerton Ave. NE (136th Ave. SE) on the east.
MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT
THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
An ordinance was read establishing the zoning classification of R-8
(Residential-eight dwelling units per acre) for the Tydico Annexation; 9.61
acres generally bounded by the centerline of NE 3rd PI., if extended, on the
north; the centerline of SE 132nd St., if extended on the south; 134th Ave., if
extended on the west; and Bremerton Ave. NE (136th Ave. SE) on the east.
MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL ADOPT THE
ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRIED.
'.'
September 13, 2004
ADMINISTRA TIVE
REPORT'
CONSENT AGENDA
Council Meeting Minutes of
August 23, 2004
Appeal: Sunset Bluff
Preliminary Plat, SR 900 LLC,
PP-04-002
CAG: 04-113,200 Mill
Building Chiller Replacement,
MacDonald-Miller Facility
Solutions
Court Case: Kelly A Wright,
CRT-04-006
Plat: Parkview Homes, NE
24th St, FP-04-071
Annexation: Johnson, 142nd
'Ave SE
Renton City Council Minutes Page 303
Councilman Corman suggested that staff consider limits by distance when
evaluating the view obstruction issues.
Chief Administrative Officer Jay Covington reviewed a written administrative
report summarizing the City's recent progress towards goals and work
programs adopted as part of its business plan for 2004 and beyond. Items noted
included:
• The King Conservation District Board of Supervisors recently awarded the
Renton Parks Division the 2004 Local Government Conservation Award
for the division's initiative and support on habitat enhancement work at the
Black River Riparian Forest.
• A new ordinance related to motorized foot scooters is now in effect in
Renton. The ordinance requires scooter users to be age 13 years or older;
obey all rules of the road; wear helmets; and affix a muffler or modified
muffling device to the scooter. They are not allowed in any park, trail, or
sidewalk, or on streets with a speed limit above 25 miles per hour. ,
Additionally, scooters may not be operated from one-half hour after sunset
to one-half hour before sunrise.
• Renton residents will see a change in the day their garbage, recycling, and
yard waste are collected beginning October 4th. Customers will soon
receive printed information about the change in their collection day.
Items on the consent agenda are adopted by one motion which follows the
listing.
Approval of Council meeting minutes of August 23, 2004. Council concur.
City Clerk reported appeal of Hearing Examiner's decision on the Sunset Bluff
Preliminary Plat (PP-04-002); appeal filed by SR 900, LLC, 9125 10th Ave. S.,
Seattle, 98108, on 8/17/2004, accompanied by required fee. The appeal packet
includes an additional letter from Herons Forever as allowed by City Code.
Refer to Planning & Development Committee.
City Clerk reported bid opening on 9/3/2004 for CAG-04-113, 200 Mill
Building Chiller Replacement; three bids; engineer's estimate $180,000; and
submitted staff recommendation to award the contract to the low bidder,
MacDonald-Miller Facility Solutions, Inc., in the amount of $121,594.88.
Council concur.
Court Case filed by Diane L. Vanderbeek, Attorney at Law, on behalf of Kelly
A. Wright, alleging assault and battery, violation of civil rights, intentional
infliction Of emotional distress, and negligence while in the custody of the
Renton Police Department on 8127/2002. Refer to City Attorney and Insurance
Services.
Development Services Division recommended approval, with conditions, of
Parkview Homes Final Plat; ten single-family lots on 1.77 acres located at
Camas Ave. NE and NE 24th St. (FP-04-071). Council concur. (See page 305
for resolution.)
Economic Development, Neighborhoods and Strategic Planning Department
recommended a public hearing be set on 10/1812004 to consider the proposed
R-8 zoning for the Johnson Annexation; 18.24 acres located east of 142nd Ave.
SE and south of SE 118th St. Council concur.
CI'.1. A. OF RENTON COUNCIL AGENDA ~lLL
I AI#: 4. c/,
Submitting Data: Planning/Building/Public Works For Agenda of: September 13,
2004
Dept/Div/Board .. Development Services Division
Staff Contact ...... Arneta Henninger X7298 Agenda Status
Consent. ............. X
Subject: Public Hearing ..
PARKVIEW HOMES FINAL PLAT Correspondence ..
File NO.: LUA 04-071FP (preliminary Plat LUA 02-Ordinance .............
061) Resolution ............ X
Old Business ........
Exhibits: New Business .......
1. Resolution and legal description Study Sessions ......
2. Staff report and Recommendation Aug. 20, 2004 Information .........
Recommended Action: Approvals:
Council concur Legal Dept. ........ X
Finance Dept ..... .
Other .............. .
Fiscal Impact: N/A
Expenditure Required ... Transfer/Amendment ...... .
Amount Budgeted ...... . Revenue Generated ........ .
Total Project Budget City Share Total Project ..
SUMMARY OF ACTION:
The recommendation for approval of the referenced ftnal plat is submitted for Council action.
This fmal plat subdivides 1.77 acres into 10 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 Parkview Homes Final Plat, LUA 04-071FP, 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.
I:\Templates\AGNBHPIl.doc/
CITY OF RENTON, WASHlNGTON
RESOLUTION NO. __ _
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (PARK VIEW HOMES; FILE NO. LUA-04-
071FP).
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 P1anninglBuildinglPublic 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,
WASH1NGTON, DO ORDAIN AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the PlanninglBuildinglPublic Works
Department pertaining to the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as iffully set forth
RESOLUTION NO. __ _
(The property, consisting of approximately 1.77 acres, is located in the vicinity of
Camas Avenue and NE 24th St.)
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 20, 2004.
PASSED BY THE CITY COUNCIL this ___ day of _______ :, 2004.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this ___ day of ________ , 2004.
Kathy Keolker-Wheeler, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES. 1 068:8/24/04:ma
2
Exhibit A
The East half of Tract 223, C.D Hillman's Lake Washington
Garden of Eden Addition to Seattle Division No.4,
according to the plat thereof recorded in Volume 11 of
Plats, Page 82, in King County, Washington.
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~~I LOT 2 ~C---~ 1ft I In • Found 2" brass disc
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15' to'l ~ ~. in C.V' ~
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Found_2: brass disc I \4),,~":"'.(~ ______ ,"","": .:..;. 0 "g
_ --------. N8B'06']5'E 126.33' G,t. O."S g "\ith X, lncased. I .40.6t·~~, 85.72' ~ .• : ______ ~ jo..oI
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Found 2-brass disc ~,Found 2-brass dlsc NE 24th Street with "X", incased :;11l with "X", Incased. East 1/A corner re~ 8asiS of Beartng pOint,
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Found 3-brass d19C ~ with ~X·. incased. CHy of Renton' 369,
S 4 ,-----.... .• Centre 33701 9lh A ... ue SDuth
l;.f~ • Fed.ral Way, n 98003 _ _ Pointe (253) 681-1901 .
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SCALE:
~~i'~ I~ t Surveying
~ ., 3596~ ~ .t-\J/, r"ISH,"\:"s.§:-J Kleswetter. jC1lPEP DT: 1" 40'
Will at 5 Woods ~.fl L~~~ om June 2, 2004 jJDB MAW£: Dl'Plt:S 5-23-2005 2225
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Legend:
• Founa monument as noted Visited April 27. 2004.'
e • Set 3~ brass dlsc with ~X-in 4" )( 4-concrete post . • • Set '4 rebar with yellow plastic cap stamped -22338/38965,"
• House Address
Total Acreage:
OYERALL -76890 SQ. FT.I 1. 765 ACRES
ROAD -97tOSO. FT./ 0.223 ,"CRES
IIIDDUTt
NE-NE 05, T23N, R5E.
"""'PO> "'ark Rousso 4734 Northeast 4th Street Renton. WA 9S059
WM
KING COUNTY, WASHINGTON
SHEET OF
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__ . ______ .... ____ . __ . \. ' I ---------_._. --_ .. _---_. __ .-._----_._------_."------------
DEVELOPMENT SERVICES DIVISION
BUILDINGIPLANNINGIPUBLIC WORKS
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT:
LOCATION:
SUMMARY OF REQUEST:
RECOMMENDATION:
Marc Rousso
J & M Land Development
Parkview Homes Final Plat
(Preliminary Plat LUA 02-061PP)
File: LUA 04-071FP
Camas Ave NE and NE 24th St
Section 5, Twp. 23 N. Rog. 5 E.
Final Plat for 10 single family residential lots
with water, 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, J & M Land Development, filed a request for approval of a 10 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 June IS, 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 Camas Ave NE and NE 24th St. The new plat is located in
Section 5, Twp. 23 N. Rng. 5 E.
6. The subject site is a 1.77 acre parcel.
7. The Preliminary Plat received City of Renton Council approval on September 16, 2002.
S. The property is located within the R-S zoning designation (single family -S 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 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 of 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.
A silt fence was installed prior to any clearing and grading in accordance with the
City of Renton Standards. The silt fence will stay in place during construction of the
building structures.
2. 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 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.
All sedimentary control measures have been completed and removed as construction
is complete. Additional control may be necessary at time of the building permit
process.
3. 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.
The projects on-site/off-site supervisor performs inspections of all sedimentation and
erosion control structures on a daily basis to confirm compliance with the King
County Surface Water Design Manual (KCSWDM).
4. 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.
All erosion control has been completed and removed. No violations were reported .
. Additional. erosion control will be in place at the time of the building permit process.
5. The applicant shall be required to design the project according to the 1998 King County
Surface Water Manual Level 2 Flow Control.
The project was built in accordance with the 1998 King County Surface Water
Manual Level 2 Flow Control.
6. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate 0/$488.00
per new single family lot with credit given for the existing single family lot prior to the
recording of the final plat.
Fire Mitigation Fees will be paid in the amount of $488.00 per new single family lot
(9) prior to Final Plat Approval.
2
PARKVIE\JFP.DOC/
7. The applicant shall ensure that the full 50 foot right-oj-way as depicted on the preliminary
plat has been dedicated to the City and the street is built prior to recording of the final
plat. The satisfaction of these requirements shall be subject to the review and approval of
the Development Services Division prior to recording of the final plat.
The 50' right of way shown on the Preliminary Plat will be dedicated upon recording
of the final plat. The Plat of Parkview Homes will dedicate the easterly 15 feet of the
50' right-of-way. The westerly 35 feet were dedicated by the adjoining plat. At this
time road improvements have been completed.
8. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of$75.00
per each new trip average daily trip with the project with credit given for the existing
single family lot prior to the recording of the final plat.
The applicant will pay the appropriate fee for Traffic Mitigation prior to Final Plat
Recording. Fees will be based on a $75.00 per each new average daily trip.
9. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of$530.76
per new single family residential lot with credit given for the existing single family lot
prior to the recording of the final plat.
Park Mitigation Fees in the amount of $530.76 per new single family lot (9) will be
paid prior to Final Plat Recording.
11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary
Plat:
1. The applicant shall comply with the conditions imposed by the Environmental Review
Committee (ERC).
The conditions imposed by the ERe were complied with as shown above.
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 recording of the final plat.
A copy of the demolition permit for all demolished structures will be submitted prior
to the recording of the Final Plat.
3. A Homeowners' Association or maintenance agreement shall be created concurrently with
the recording of the final plat in order to establish maintenance responsibilities jor all
shared improvements. A draft of the document(s), if necessary, shall be submitted to the
City of Renton Development Services Divisions for review and approval by the City
Attorney and Property Services section prior to recording of the final plat.
The maintenance agreement included in this submittal package will be recorded
prior to the recording of the final plat.
The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process
and therefore should be approved by the City Council.
3
PARKVIEWFP.DOC/
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 TmS 20TH DAY OF AUGUST, 2004
4
PARKVIEWFP.DOC/
DEVELOPMENT SERViCESDN
DATE:
TO:
FROM:
SUBJECT:
.'-
CITY OF RENTON
PLANNINGIBUILDINGIPUBLIC WORKS
MEMORANDUM
August 30, 2004
Gregg Zimmerman, Administrator
Arneta Henninger, Development Services
DEMPS PARKVIEW FINAL PLAT
LUA 04-071FP
CAMAS A VB NE AND NE 24TH ST
The purpose of this memo is to address your two questions regarding this plat. The first question
was regarding the timing of the installation of the storm detention. We met with both Marc Rousso
and Jim Jaeger, they submitted the plans with the changes and we approved it on July 23,2004. Mr.
Rousso submitted the letter you refer to after his revised plans were approved.
Per an August 26,2004 email.Mr. Rousso states that they "are more than halfway complete with
installing the drainage pipe and should be completed within 5 days." I confirmed this information
with the City inspector. I am seeking concurrence to place the plat on the Council agenda. All
work, of course, will be complete or deferred prior to my requesting your signature on the final plat.
The second question is regarding the establishment of a homeowner's association. I am attaching a
copy of the Hearing Examiner's Recommendation 3 which allows the applicant the option of
creating a homeowner's association or a maintenance agreement. The applicant submitted a
Declaration of Joint Access, Utilities and Maintenance which I sent to the City Attorney's office for
review as to legal form along with a copy of the Hearing Examiner's report. The City Attorney
approved the document as to legal form on June 30,2004 and that approval memo is in the Yellow
File.
The yellow file is attached for your use. If you have any questions please call me at X7298. Thank
you.
cc: Kayren K.
August 13,2002
OFFICE OF THE HEARING EXAMINER
. CITY OF RENTON
REPORT AND RECOMMENDATION
APPLICANT:
LOCATION:
SUMMARY OF REQUEST:
SUMMARY OF ACTION:
DEVELOPMENT SERVICES REPORT:
PUBLIC HEARING:
Annette Demps
A&D Quality Construction Co., LLC
PO Box 2552
Renton, W A 98056
Parkview Homes Preliminary Plat
File No.: LUA-02-061,PP,ECF
The site is located at northeast corner ofNE 24th Street and
Camas A venue NE
Subdivide an approximately 1.77 acre parcel into 10 lots
suitable for construction of single-family houses
Development Services Recommendation: Approve with
conditions
The Development SerVices Report was receiv~d by the
Examiner on July 16,2002.
After reviewing the Development Services Report, examining
available information on file with the application, field
checking the property and surrounding area; the Examiner
conducted a public hearing on the subject as follows:
MINUTES
The/ollowing minutes are a summary o/the July 23,2002 hearing.
The legal record is recorded on tape. .
The hearing opened on Tuesday, July 23, 2002, at 9:00 a.m. in the Council Chambers on the seventh floor of the
Renton City Hall. Parties wishing to testify were affirmed by the Examiner.
The following exhibits were entered into the record:
Exhibit No.1: Yellow file containing the original Exhibit No.2: Neighborhood Detail Map
application, proof of posting, proof of publication and
other documentation pertinent to this request.
Exhibit No.3: Plat Cover Sheet Exhibit No.4: Preliminary Plat Plan
Exhibit No.5: Zoning Map Exhibit No.6: Email from Matt Hough
Parkview Homes Preliminary ~
File No.: LUA-02-061,PP,ECF
August 13, 2002
Page 2
The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development
Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located north ofNE
24th Street. Further to the west is Aberdeen A venue NE and to the east is Edmonds Avenue NE. The property is
located in the northeast portion of the City and is zoned R~8.
,
The applicant has proposed subdividing a l.77-acre site into 10 lots intended for detached single-family homes.
Currently, there is one single-family residence located on the site, which is to remain on proposed lot]. There
is an outbuilding located on proposed lot 2, which will be demolished as part of the preliminary plat.
The project includes installation of utilities and the dedication ofthe remaining 15 feet of a 50-foot wide
residential street. The adjacent plat directly west of this proposal is the 24th Street Plat. These projects will be
built simultaneously.
~ ..
After subtracting the area intended for public right-of-way the density of the site is 6.48 dwelling units per acre.
The Environmental Review Committee (ERC) issued a Determination of Non-Significance Mitigated (DNS-M)
with nine mitigation measures. Those measures included the installation of a silt fence, construction of shallow
drainage swales, daily review by the project contractor, maintenance of erosion and sedimentation control
measures, and weekly reports on the status and condition of the erosion control plan. The project would also be
required to be designed according to the 1998 King County Surface Water Manual Level 2 Flow Control.
Mitigation fees such as transportation, fire and parks, would be applicable .to the project. One additional
mitigation measure is to ensure the full 50-foot right-of-way for Camas Avenue would be dedicated to the City.
The street would be built prior to recording of the final plat.
The project is located in the Residential Single Family (RSF) designation on the Comprehensive Plan. This
designation would promote the goal of infill development. The proposed plat is consistent with the
Comprehensive Policies related to land use, housing and environmental elements. The density, lot sizes and
pedestrian access such sidewalks all comply with the land use element of the Comprehensive Plan.
There are no sensitive areas located on the property. All the trees on the property are proposed for removal.
The project is located in R-8 zoning, which allow up to eight units per acre. The project is proposed to have 6.4
units per acre. All 10 lots comply with lot size and dimension requirements in the R-8 zone. All lots meet
setback requirements.
The outbuilding located on proposed lot 2 is to be demolished and staff recommends a condition of approval be
that a demolition permit be obtained and that the building be removed prior to final plat recording.
The project complies with all subdivision regulations. Proposed lot I would gain access from NE 24th Street and
proposed lots 2 through 7 and proposed lot 10 would gain access from Camas A venue NE. Proposed lots 8 and
9 would gain access off of a 20-foot access easement, which comes off of the cul-de-sac of Camas Avenue NE.
In review of access and street improvements, the access to the site is proposed via a new public 50-foot right-of-
way, with 32 feet of pavement. This would be completed in conjunction with the 24th Street Preliminary Plat,
which is located immediately west of this proposal. This project would dedicate 15 feet of the remaining 50 feet
of the dedication of the street to the City. The new road would extend north from NE 24th Street and terminate
in a cul-de-sac which is located approximately 430 feet north of the southern property line. The new extension
of Camas Avenue NE is slightly offset approximately 15 feet from the centerline of the existing Camas Avenue.
Full street improvements including curb, gutter, sidewalks and street lighting would be constructed as part ofthe
project. The plat indicates that a five-foot sidewalk would be provided on the development side of the street.
Parkview Homes Preliminary r._._
File No.: LUA-02-061,PP,ECF
August 13, 2002
Page 3
The one private access easement, wh)ch wouldexten'CJ north from the cul-de7sac to. serve proposed,:'lots8~~d9,
WQuid be 20 feet wide with 12 feet of pilvement'. Staff recommends that the establishinent of a homeowner; s
: association or maintenance agreement for the shared roadway as well as any shared utilities'be a condition of
preliminary plat approval. '
The site is relatively flat with slopes of approximately three to five percent from the south to the north. The site
is vegetated with trees.
The subject site currently contains an existing single-family residence, which is proposed to remain. The
surrounding area includes single family residential developed under the R-8 zoning designation.
Police, fire and parks will all be impacted by this project; however, resources are sufficient to serve the site
provided there is payment of the proper mitigation fees. The Renton School District has indicated that it can
accommodate the additional school children expected from the project.
The project lies within the Aquifer Protection Area Zone 2. If more then 100 cubic yards of fill is imported,
which 150 cubic yards are proposed for the site, a fill source statement would be required. It appears that there
may be potential drainage problems existing in the area so the ERC placed erosion control measures on the
project to mitigate any problems. Water main, sanitary sewer extensions and fire hydrants would also be
required to be installed. Storm water would be detained on-site and released to an in-street system.
Siaffrecommends approval of the Parkview Homes Preliminary Plat subject to two conditions., Those ,
conditions include obtaining a demoliticn permit and completion of all inspections and approvals for demoliticn
cf all out buildings located on the property and a homeowner's association or maintenance agreement to be
created con'currently with the recording of the final plat. '
Annette Demps, A&D Quality Construction Company, 2308 NE 24th Street, Renton, W A 98056 added tharher
company has been in constant communication with the owner of the adjacent property to the west of the site.
They are trying to. coordinate the development of the road. As far as the entrance to the house on proposed lot 1,
it is located on the southeast corner of the lot off ofNE 24th Street. '
Matt Hough, 2509 Dayton Avenue NE, Renton, WA 98056 stated that his property his lccated immediately east
cfthe subject site. He is not objecting to the project as a whole, he recognizes the property owner's right to
develop their property; however, he would like the Examiner to. consider the neighborhood as it is currently.
There has not been a lot cf consideration cf the neighbcrhcod to date by this parcel in terms 'cf clearing, grading
and noise. So what he is asking, is that the applicant develop responsibly and that the City require that
responsibi I i ty.
In response to. questioning by the Examiner, Mr. Hough stated that the site has been cleared and graded over the
past few years.
Ms. Fiala added that under the current project there have been no permits that she is aware of.
Mr. Hough added that he is concerned with the lots'that have side yard setbacks cffive feet against rear yardscf
existing hcmes; He feels that if there ,are any provisions that can be made to buffer the area between the two
neighborhoods it wou'ld benefit all.
Kayren Kittrick, Development Services,I055 S Grady Way, Renton, WA 98055 stated that the driveway
location of proposed lot 1 is not ideal but acceptable by design standards. Infiltration has not been proposed for
this site and it is not certain that the soils underneath would support it.
Parkview Homes Preliminary.
File No.: LUA-02-061,PP,ECF
August 13, 2002
Page 4
The owner of the adjacent property, the 241h Street Preliminary Plat, who is developing the other half of Camas
Avenue, is known to have a reputation for working with the neighbors concerns. She is certain that between the
two owners the neighbors will be taken care of.
The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and
no further comments from staff. The hearing closed at 9:27 a.m.
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the record in this matter, the Examiner now makes and enters the following:
Findings:
1. The applicant, Keith and Annette Demps, for A&D Quality Construction, filed a request for approval of a
10-lot Preliminary Plat.
2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and
other pertinent materials was entered into the record as Exhibit # 1.
3. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non-
Significance -Mitigated (DNS-M) 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 2308 NE 24th Street. The subject site is located on the north side of 24th Street
between Aberdeen Avenue NE and Edmonds Avenue NE.
6. The subject site is approximately 1.77 acres in area. The parcel is rectangular and is approximately 126
feet wide (east to west) b~ approximately 607 feet long. An existing home is located at the south end of the
property, close to NE 24t Street. The existing home would be retained on what would be Proposed Lot 1
in the new plat. Outbuildings would be removed if the plat is approved.
7. The subject site has gentle slopes ranging from approximately three percent (3%) to five percent (5%).
8. The site has approximately 158 larger trees including conifers and deciduous. Most, if not all of the trees
would be removed to allow the development of an access road as well as create suitable building sites.
9. The subject site was annexed to the City with the adoption of Ordinance 1822 enacted in March 1960.
10. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre).
11. The map element of the Comprehensive Plan designates the area in which the subject site is located as
suitable for the development of single-family uses.
12. The applicant proposes dividing the subject site into 10 lots. The lots would run along the east side of a
proposed new cul-de-sac. The development would be creating the second half of a cul-de-sac being
developed on the adjacent property to the west.
13. The proposed lots range in size from 5,565 square feet to 14,034 square feet with the majority of the
Parkview Homes Preliminary r>-__
File No.: LUA-02-06I,PP,ECF
August 13, 2002
Page 5
parcels nearly 5,500 square fe~t.
. 14. The dedication of property for public roads will reduce the developable densiiyofthe site. The net density
will be 6.48 dwelling units per acre.
15. Proposed Lots 1 through 7 and 10 will have direct access to the new extension of what will probably be
Camas Avenue NE. Proposed Lots 8 and 9 at the extreme north end of the plat will have access by a
private easement roadway across Proposed Lots 7 and 10.
16. Proposed Lot 7's setback was not correctly shown. It must be set at a location, which equates to 80 percent,
or 40 feet, of the minimum lot width.
17. The lots are generally rectangular with the exception of those fronting the cul-de-sac, which are Prop~~ed
Lots 6, 7, and 10.
18. Development of nine new single-family homes will generate approximately 90 daily trips (based on
approximately 9.57 trips per dwelling). The peak hour travel would generate approximately 10 percent of
that traffic. The ERC imposed mitigations measures for fee generation to offset impacts to area roads.
19. The development of the subject site will generate approximately four to five school age children. These
students would be spread among the different grades and would be students in the Renton School District.
20. The City of Renton will provide sanitary sewer and water service.
21. The ERC required the project to meet the standards contained in the 1998 King County Storm Water
Manual. The subjeCt site is located in Zone 2 of the Aquifer Protection Area. There have been drainage
problems in the area, which prompted the ERC to impose additional erosion control measures.
Conclusions:
1. The proposed plat appears to serve the public use and interest. The development of the plat will provide
additional housing opportunities in an area with urban utilities available. It will also increase the tax base
of the City.
2. The dedication of a half street will allow the development ofthe full street and cul-de-sac providing a safer
ingress and egress system for both residents and emergency services.
3. The density of 6.48 units per acre meets the goal of developing R-8 zoned property with between five (5)
and eight (8) dwelling units per acre.
4. The City has imposed additional storm drainage requirements since the area is subject to some problems.
5. The development of the site will create a more urban or suburban environment but the development of the
property to its west has already introduced more hubbub into the neighborhood. These intrusions are not
more than those normally created by additional single-family housing ..
6. In conclusion, the proposed preliminary plat should be approved by the City Council subject tothe
conditions noted below.
Parkview Homes Preliminary
File No.: LUA-02-061,PP,ECF
August 13, 2002
Page 6
Recommendation:
The Preliminary Plat is approved subject to the following conditions:
I. The applicant shall comply with the conditions imposed by the Environmental Review Committee (ERC).
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 recording of the final plat.
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 improvements. A draft of the
document(s), if necessary, shall be sublJ1itted to the. City"QfRenton Develqpment Services Division.for
review and approval by the City Attorney and Property Services section prior to recording of the final plat.
ORDERED THIS 13th day of August, 2002.
TRANSMITTED THIS 13th day of August, 2002 to the parties of record:
Susan Fiala
1055 S Grady Way
Renton, VIA 98055
Kayren Kittrick
1055 S Grady Way
Renton, W A 98055
Annette Demps
A&D Quality Construction Co., LLC.
PO Box 2552
Renton, W A 98056
Matt Hough
2509 Dayton Avenue NE
Renton, W A 98056
Keith and Annette Demps
2308. NE 24~ . Street
Renton, W A 98056
·/
Parkview Homes Preliminary 1->-_
File No.: LUA-02-061 ,PP,ECF
August 13,2002
Page 7
TRANSMITTED THIS 13th day of August, 2002 to the following:
Mayor Jesse Tanner ,
Members, Renton Planning Commission
Larry Rude, Fire Marshal
Lawrence J. Warren, City Attorney
Transportation Systems Division
Utilities System Division
South County Journal
Gregg Zimmerman, Plan/BldglPW Admin.
Neil Watts, Development Services Director
Sue Carlson, Econ. Dev. Administrator
Larry Meckling, Building Official
Jay Covington, Chief Administrative Officer
Councilperson Kathy Keolker-Wheeler
Alex Pietsch, Economic Development Director
'". ,. ~
Pursuant to Title IV, Chapter 8, Section 100Gpfthe City's Code, request for reconsideration must be filed in
writing on or before 5:00 p.m.;'August 27, 2002: 'Any aggrieved person feefing that the decision of the
Examiner is ambiguous or hased on erroneous procedure, errors of law or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may make a written
request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This
request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may,
after review of the record, take further action as he deems proper.
An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal
be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements.
Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City
Hall.
If the Examiner's Recommendation or'DeCision contains the requirement for Restrictive Covenants, the
executed Covenants will be required prior to approval by City Council or final processing of the file. You
may contact this office for information on formatting covenants.
The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur
concerning pending land use decisions. This means that parties to a land use decision may not communicate in
private with any decision-maker concerning the proposal. Decision-makers in the land use process include both
the Hearing Examiner and members of the City Council.
All communications concerning the proposal must,be l11ade in public. This public communication permits all . If' ~ '. J ,. <.' ./. • " A ..... -" interested parties to know the'contents of the comrt111nication and would allow them to open'ly rebut the
evidence. Any violation of this doctrine would result in the invalidation of the request by the Court.
The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as
Appeals to the City Council.
eXlenas nUrLrJ IIUIIII'-!IC L"'tlll 0UCCI. OIIU l.vIIlIIlIU,,"vvo H' -. ..... _ ............
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CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE: August 25, 2004
TO: Arneta Henniger
FROM:
SUBJECT:
Gregg Zimmerman G--£
Parkview Homes Final Plat
Arnie, I left you a voice message with some questions about this plat, but since I, haven't }1eard
back, I'm sending this down to you with my questions:
1) I am concerned about the August4, 2004 letter from the project sponsor indicating that
they did not know about the ERC condition that the storm drainage system had to be
installed per the 1998 King County Manual (not the 1990 KC Manual). This will create a
design change. It sounded like the construction for the water quality/detention either had
not been started at the time the letter was written, or that a major change would be
needed. This letter was sent only 3 weeks ago. I would like to know the status of this
issue, and whether the construction of the infrastructure is far enough along to warrant
putting the plat on the Council agenda.
2) I did not see a copy of Restrictive Covenants establishing a homeowners association.
Has this been prepared and approved for this plat?
Upon receipt of satisfactory response to these items, I am prepared to initial and move forward
with putting this on the Council Agenda.
cc: [Click here and type name]
Document2\g
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNINGIBUILDINGIPUBLIC WORKS
MEMORANDUM
August 23, 2004
Gregg Zimmerman, Administrator
Ameta Henninger, Development Services
PARKVIEW HOMES FINAL PLAT
LUA 04-071FP
CAMAS AVE NE (EAST SIDE) AND NE 24TH ST
The above plat is nearing construction completion. I am seeking concurrence to place the plat on the
Council Agenda.
The yellow file is attached for your use. If you have any questions please call me at X7298. Thank
you.
cc: Kayren K. .
, "'
CITY OF RENTON
PLANNING / BUILDING / PUBLIC WORKS
MEMORANDUM
Date: August 23, 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: Parkview Homes Final Plat
LUA (file) Number: LUA-04-071, FP
Cross-References: Parkview Homes LUA02-061, PP, ECF
AKA's:
Project Manager: Arneta Henninger
Acceptance Date: June 25, 2004
Applicant: Marc Rousso, -J&M Land Development
Owner: Keith & Annette Demps
Contact: Stephen Woods, Centre Pointe Surveying
PID Number: 3343900860
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 1. 77 acres into 10 single-family residential lots. The
plat includes the installation of storm drainage, Sidewalks, street lighting and street paving.
Location: 2308 NE 24th St
Comments:
'.
City of Renton InterOffice Memo
To:
From:
Date:
Subject:
Larry Warren, City Attorney
Ameta Henninger tL~
August 20, 2004
Parkview Homes Final Plat
LUA 04-071FP
Attached for your action are a copy of the agenda Bill and a draft version Resolution for the
Parkview Homes Final Plat. The proposed date for consideration by the Council is
September 13,2004.
If! may be of assistance in expediting this request please call me at 430-7298. Thank you.
cc: Kayren Kittrick
Yellow File LUA 04-071FP
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
August 19, 2004
Jan Conklin
Ameta Henninger X7298 iL~
PARKVIEW FINAL PLAT
The above plat is in the final stages of review. Please review for street names and
addresses.
Thank you.
If you have any questions please call me.
Thank you!!
cc: Kayren K.
I:\memo.doc\cor
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.DEMPS PRELIMINARY PLAT
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HE.
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE: August 17, 2004
TO: Sonja
Susan tL~ FROM: Arneta Henninger X7298
SUBJECT: PARKVIEW PLAT
The applicant has resubmitted the attached plat, map check, response letter and
legal for a joint access and utility easement. Please review and comment.
Thank you.
If you have any questions please call me.
Thank you!!
cc: Kayren K.
I:\memo.doc\cor
Project Name PC\@..\tlm J\pU~ ~r
Project A~dress :1 ~Q<Q N0 L.~ s,wg
Contact Person I\~~ .\)eNA=\fY'
Address ______________ _
Phone Number ___________ _
Permit Number LV'(\ -D)''''' O~\
Proje~t Description \ \ -lgs ~\o~J~\~ '~l ' e'f \>~
Land Use Type:
. 0 Residential o Retail o Non-retail
Calculation:
t' ' " . \0 \ ",.\( -J ' \_\-0.:> , . *:-.... ...*
. Method of Calculation: ~ ITE Trip Generation Manual
, 0 Traffic Study o Other
\
'.
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~ 'ty~ ~v&dT
9·S7 .
~~.~.~
~.
\ 0 'J. q. S 1 -::-q 5.70 . ll?AfS
~~Srf /5
Transportation Mitigation Fee: 1W\\A~\. I) \ 17,5-0 .
Calculated by: ..J.h~) >-l.' ~..:.:®~-' :>.1' t\:u.,·(kL::--______ Date: \ ott Ii \ "dOTY. ~ \
Account Number: __________ _
Date of Payment ___________ _
August 13,2002
OFFICE OF THE HEARING EXAMINER
CITY OF RENTON
REPORT AND RECOMMENDATION
APPLICANT:
LOCATION:
SUMMARY OF REQUEST:
SUMMARY OF ACTION:
DEVELOPMENT SERVICES REPORT:
PUBLIC HEARING:
1/ #'r"YOf:'1t
CC/iJOIv
Annette Demps 4(j6 I CD
A&D Quality Construction Co., LL<§U/ZD ~ <'00;
PO Box 2552 YA,tO D
Renton, W A 98056 Y!//S/OA,t
Parkview Homes Preliminary Plat
File No.: LUA-02-061,PP,ECF -The site is located at northeast corner ofNE 24th Street and
Camas A venue NE
Subdivide an approximately 1.77 acre parcel into ] 0 lots
suitable for construction of single-family houses
Development Services Recommendation: Approve with
conditions
The Development Services Report was received by the
Examiner on July 16,2002.
After reviewing the Development Services Report, examining
available information on file with the application, field
checking the property and surrounding area; the Examiner
conducted a public hearing on the subject as follows:
MINUTES
Thefollowing minutes are a summary of the July 23,2002 hearing.
The legal record is recorded on tape.
The hearing opened on/Tuesday, July 23,2002, at 9:00 a.m. in the Council Chambers on the seventh floor of the
Renton City Hall. Parties wishing to testify were affirmed by the Examiner.
The following exhibits were entered into the record:
Exhibit No.1: Yellow file contairiing the original Exhibit No.2: Neighborhood Detail Map
application, proof of posting, proof of publication and
other documentation pertinent to this request.
Exhibit No.3: Plat Cover Sheet Exhibit No.4: Preliminary Plat Plan
Exhibit No.5: Zoning Map Exhibit No.6: Email from Matt Hough
Parkview Homes Preliminaf} ~ lat
File No.: LUA-02-06I ,PP,ECF
August 13,2002
Page 2
The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development
Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located north ofNE
24th Street. Further to the west is Aberdeen Avenue NE and to the east is Edmonds Avenue NE. The property is
located in the northeast portion of the City and is zoned R-8.
The applicant has proposed subdividing a 1.77 -acre site into 10 lots intended for detached single-family homes.
Currently, there is one single-family residence located on the site, which is to remain on proposed lot I. There
is an outbuilding located on proposed lot 2, which will be demolished as part of the preliminary plat.
The project includes installation of utilities and the dedication of the remaining 15 feet of a 50-foot wide
residential street. The adjacent plat directly west of this proposal is the 24th Street Plat. These projects will be
built simultaneously.
After subtracting the area intended for public right-of-way the density of the site is 6.48 dwelling units per acre.
The Environmental Review Committee (ERC) issued a Determination of Non-Significance Mitigated (DNS-M)
with nine mitigation measures. Those measures included the installation of a silt fence, construction of shallow
drainage swales, daily review by the project contractor, maintenance of erosion and sedimentation control
measures, and weekly reports on the status and condition of the erosion control plan. The project would also be
required to be designed according to the 1998 King County Surface Water Manual Level 2 Flow Control.
Mitigation fees such as transportation, fire and parks, would be applicable to the project. One additional
mitigation measure is to ensure the full 50-foot right-of-way for Camas Avenue would be dedicated to the City.
The street would be built prior to recording of the final plat.
The project is located in the Residential Single Family (RSF) designation on the Comprehensive Plan. This
designation would promote the goal of infill development. The proposed plat is consistent with the
Comprehensive Policies related to land use, housing and environmental elements. The density, lot sizes and
pedestrian access such sidewalks all comply with the land use element of the Comprehensive Plan.
There are no sensitive areas located on the property. All the trees on the property are proposed for removal.
The project is located in R-8 zoning, which allow up to eight units per acre. The project is proposed to have 6.4
units per acre. All 10 lots comply with lot size and dimension requirements in the R-8 zone. All lots meet
setback requirements.
The outbuilding located on proposed lot 2 is to be demolished and staff recommends a condition of approval be
that a demolition permit be obtained and that the building be removed prior to final plat recording.
The project complies with all subdivision regulations. Proposed lot I would gain access from NE 24th Street and
proposed lots 2 through 7 and proposed lot 10 would gain access from Camas Avenue NE. Proposed lots 8 and
9 would gain access off of a 20-foot access easement, which comes off of the cul-de-sac of Camas Avenue NE.
In review of access and street improvements, the access to the site is proposed via a new public 50-foot right-of-
way, with 32 feet of pavement. This would be completed in conjunction with the 24th Street Preliminary Plat,
which is located immediately west ofthis proposal. This project would dedicate 15 feet of the remaining 50 feet
of the dedication of the street to the City. The new road would extend north from NE 24th Street and terminate
in a cul-de-sac which is located approximately 430 feet north of the southern property line. The new extension
of Camas A venue NE is slightly offset approximately 15 feet from the centerline of the existing Camas Avenue.
Full street improvements including curb, gutter, sidewalks and street lighting would be constructed as part ofthe
project. The plat indicates that a five-foot sidewalk would be provided on the development side of the street.
Parkview Homes Preliminary Plat
File No.: LUA-02-061,PP,ECF
August 13,2002
Page 3
The one private access easement, which would extend north from the cul-de-sac to serve proposed lots 8 and 9,
would be 20 feet wide with 12 feet of pavement. Staff recommends that the establishment ofa homeowner's
association or maintenance agreement for the shared roadway as well as any shared utilities be a condition of
preliminary plat approval.
The site is relatively flat with slopes of approximately three to five percent from the south to the north. The site
is vegetated with trees.
The subject site currently contains an existing single-family residence, which is proposed to remain. The
surrounding area includes single family residential developed under the R-8 zoning designation.
Police, fire and parks will all be impacted by this project; however, resources are sufficient to serve the site
provided there is payment of the proper mitigation fees. The Renton School District has indicated that it can
accommodate the additional school children expected from the project.
The project lies within the Aquifer Protection Area Zone 2. If more then 100 cubic yards of fill is imported,
which 150 cubic yards are proposed for the site, a fill source statement would be required. It appears that there
may be potential drainage problems existing in the area so the ERC placed erosion control measures on the
project to mitigate any problems. Water main, sanitary sewer extensions and fire hydrants would also be
required to be installed. Storm water would be detained on-site and released to an in-street system.
Staff recommends approval of the Parkview Homes Preliminary Plat subject to two conditions. Those
conditions include obtaining a demolition permit and completion of all inspections and approvals for demolition
of all out buildings located on the property and a homeowner's association or maintenance agreement to be
created concurrently with the recording of the final plat.
Annette Demps, A&D Quality Construction Company, 2308 NE 24th Street, Renton, W A 98056 added that her
company has been in constant communication with the owner of the adjacent property to the west of the site.
They are trying to coordinate the development of the road. As far as the entrance to the house on proposed lot I,
it is located on the southeast corner ofthe lot off ofNE 24th Street.
Matt Hough, 2509 Dayton Avenue NE, Renton, WA 98056 stated that his property his located immediately east
of the subject site. He is not objecting to the project as a whole, he recognizes the property owner's right to .
develop their property; however, he would like the Examiner to consider the neighborhood as it is currently.'
There has not been a lot of consideration of the neighborhood to date by this parcel in terms of clearing, grading
and noise. So what he is asking, is that the applicant develop responsibly and that the City require that
responsibility.
In response to questioning by the Examiner, Mr. Hough stated that the site has been cleared arid graded over the
past few years. .
Ms. Fiala added that under the current project there have been no permits that she is aware of.
Mr. Hough added that he is concerned with the lots that have side yard setbacks offive feet against rear yards of
existing homes. He feels that ifthere are any provisions that can be made to buffer the area between the two
neighborhoods it would benefit all.
Kayren Kittrick, Development Services, 1055 S Grady Way, Renton, W A 98055 stated that the driveway
location of proposed lot 1 is not ideal but acceptable by design standards. Infiltration has not been proposed for
this site and it is not certain that the soils underneath would support it.
Parkview Homes Preliminal) r'lat
File No.: LUA-02-061,PP,ECF
August 13, 2002
Page 4
The owner of the adjacent property, the 241h Street Preliminary Plat, who is developing the other half of Camas
Avenue, is known to have a reputation for working with the neighbors concerns. She is certain that between the
two owners the neighbors will be taken care of.
The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and
no further comments from staff. The hearing closed at 9:27 a.m.
FINDINGS, CONCLUSIONS & RECOMMENDATION
Having reviewed the record in this matter, the Examiner now makes and enters the following:
Findings:
1. The applicant, Keith and Annette Demps, for A&D Quality Construction, filed a request for approval of a
1 O-lot Preliminary Plat.
2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and
other pertinent materials was entered into the record as Exhibit #1.
3. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non-
Significance -Mitigated (DNS-M) 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 2308 NE 241h Street. The subject site is located on the north side of 241h Street
between Aberdeen Avenue NE and Edmonds Avenue NE.
6. The subject site is approximately 1.77 acres in area. The parcel is rectangular and is approximately 126
feet wide (east to west) b~ approximately 607 feet long. An existing home is located at the south end ofthe
property, close to NE 241 Street. The existing home would be retained on what would be Proposed Lot 1
in the new plat. Outbuildings would be removed if the plat is approved.
7. The subject site has gentle slopes ranging from approximately three percent (3%) to five percent (5%).
8. The site has approximately 158 larger trees including conifers and deciduous. Most, if not all of the trees
would be removed to allow the development of an access road as well as create suitable building sites.
9. The subject site was annexed to the City with the adoption of Ordinance 1822 enacted in March 1960.
10. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre).
11. The map element of the Comprehensive Plan designates the area in which the subject site is located as
suitable for the development of single-family uses.
12. The applicant proposes dividing the subject site into 10 lots. The lots would run along the east side of a
proposed new cul-de-sac. The development would be creating the second half of a cul-de-sac being
developed on the adjacent property to the west.
13. The proposed lots range in size from 5,565 square feet to 14,034 square feet with the majority of the
Parkview Homes Preliminary Plat
File No.: LUA-02-061,PP,ECF
August 13,2002
Page 5
parcels nearly 5,500 square feet.
14. The dedication of property for public roads will reduce the developable density of the site. The net density
will be 6.48 dwelling units per acre.
15. Proposed Lots 1 through 7 and 10 will have direct access to the new extension of what will probably be
Camas Avenue NE. Proposed Lots 8 and 9 at the extreme north end of the plat will have access by a
private easement roadway across Proposed Lots 7 and 10.
16. Proposed Lot 7's setback was not correctly shown. It must be set at a location, which equates to 80 percent,
or 40 feet, of the minimum lot width.
17. The lots are generally rectangular with the exception of those fronting the cul-de-sac, which are Proposed
Lots 6, 7, and 10.
18. Development of nine new single-family homes will generate approximately 90 daily trips (based on
approximately 9.57 trips per dwelling). The peak hour travel would generate approximately 10 percent of
that traffic. The ERC imposed mitigations measures for fee generation to offset impacts to area roads.
19. The development of the subject site will generate approximately four to five school age children. These
students would be spread among the different grades and would be st1,ldents in the Ren~on School District.
20. The City of Renton will provide sanitary sewer and water service.
21. The ERC required the project to meet the standards contained in the 1998 King County Storm Water
Manual. The subject site is located in Zone 2 of the Aquifer Protection Area. There have been drainage
problems in the area, which prompted the ERC to impose additional erosion control measures.
Conclusions:
1. The proposed plat appears to serve the public use and interest. The development of the plat will provide
additional housing opportunities in an area with urban utilities available. It will also increase the tax base
of the City.
2. The dedication of a half street will allow the development of the full street and cul-de-sac providing a safer
ingress and egress system for both residents and emergency services.
3. The density of 6.48 units per acre meets the goal of developing R-8 zoned property with between five (5)
and eight (8) dwelling units per acre.
4. The City has imposed additional storm drainage requirements since the area is subject to some problems.
5. The development of the site will create a more urban or suburban environment but the development of the
property to its west has already introduced more hubbub into the neighborhood. These intrusions are not
more than those normally created by additional single-family housing.
6. In conclusion, the proposed preliminary plat should be approved by the City Council subject to the
conditions noted below.
Parkview Homes Preliminar) ~'Iat
File No.: LUA-02-061,PP,ECF
August 13, 2002
Page 6
Recommendation:
The Preliminary Plat is approved subject to the following conditions:
1. The applicant shall comply with the conditions imposed by the Environmental Review Committee (ERC).
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 recording of the final plat.
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 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.
ORDERED THIS 13th day of August, 2002.
TRAN~MITTED THIS 13th day of August, 2002 to the parties of record:
Susan Fiala
1055 S Grady Way
Renton, W A 98055
Kayren Kittrick
1055 S Grady Way
Renton, W A 98055
Annette Demps
A&D Quality Construction Co., LLC
PO Box 2552
Renton, W A 98056
Matt Hough
2509 Dayton Avenue NE
Renton, W A 98056
Keith and Annette Demps
2308 NE 24th Street
Renton, WA 98056
Parkview Homes Preliminary Plat
File No.: LUA-02-061,PP,ECF
August 13,2002
Page 7
TRANSMITTED THIS 13th day of August, 2002 to the following:
Mayor Jesse Tanner
Members, Renton Planning Commission
Larry Rude, Fire Marshal
Lawrence J. Warren, City Attorney
Transportation Systems Division
Utilities System Division,
South County Journal
Gregg Zimmerman, PlanlBldglPW Admin.
Neil Watts, Development Services Director
Sue Carlson, Econ. Dev. Administrator
Larry Meckling, Building Official
Jay Covington, Chief Administrative Officer
Councilperson Kathy Keolker-Wheeler
Alex Pietsch, Economic Development Director
Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in
writing on or before 5:00 p.m., August 27, 2002. Any aggrieved person feeling that the decision of the
Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may make a written
request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This
request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may,
after review of the record, take further action as he deems proper.
An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal
be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements.
Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City
Hall.
If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the
executed Covenants will be required prior to approval by City Councilor final processing of the file. You
may contact this office for information on formatting covenants.
The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur
concerning pending land use decisions. This means that parties to a land use decision may not communicate in
private with any decision-maker concerning the proposal. Decision-makers in the land use process include both
the Hearing Examiner and members ofthe.~ity Council.
All communications concerning the proposal must be made in public. This public communication permits all
interested parties to know the contents of the communication and would allow them to openly rebut the
evidence. Any violation of this doctrine would result in the invalidation of the request by the Court.
The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as
Appeals to the City Council.
eXlenas nurul IIUIIII~C L'"tUI vllCCl OIIU l~IJIIIIIU"v'" III ....................... _
Project Location: Northeast corner of NE 24th Street and Camas Avenue NE
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.DEMPS PRELIMINARY PLAT
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JULY 12. 2002 PORTION NE 1/4. SEC. 5. T23N. R5E. W.M.
H£.
APPLICATION NO(S):
APPLICANT:
PROJECT NAME:
CITY OF RENTON
DETERMINATION OF NON·SIGNIFICANCE
(MITIGATED)
MITIGATION MEASURES
LUA-02-061, ECF, PP
Annette Demps
Parkview Homes Preliminary Plat
DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and
Preliminary Plat approval for an 11 lot subdivision of a 1.77 acre site located within the Residential - 8 (R-8)
zoning designation. The proposed lots are intended for the eventual development of detached single family
homes-lots ranging in size from 4,516 square feet to 11,812 square feet. The existing residence is proposed
to remain on new Lot 1 of which 20 feet of the home and an existing retaining wall will both be removed.
Access is proposed via improvements to the east half of a new public street, Camas Avenue NE, that extends
north from NE 24th Street and terminates in a cul-de-sac.
LOCATION OF PROPOSAL: NE corner of NE 24th Street and Camas Avenue NE
MITIGATION MEASURES:
1. The applicant shall install a silt fence along the downslope 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 construct~d 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.
2. 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 stormwater across the site. This will be required during the construction of both off-site
and oli-site improvements as well as building construction.
3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation
control measures aUhe site during the construction of both off-site and on-site improvements as well as
building construction. .
4. 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
requir~d prior to recording of the plat. .
5. The applicant shall be required to design ,the project according to the 1998 King County Surface Water
Manual Level 2 Flow Control.
6. 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.
7. The applicant shall ensure that the full 50 foot right-of-way as depicted on the prelimin~rY plat has been
dedicated to the City and the street is built prior to recording of the final plat. The satisfaction of these
requirements shall be subject to the review and approval of the Development Services Division prior to
recording of the final plat.
8. 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
final plat.
9. 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.
MITMEASURES
APPLICATION NO(S):
APPLICANT:
PROJECT NAME:
CITY OF RENTON
DETERMINATION OF NON-SIGNIFICANCE
(MITIGATED)
ADVISORY NOTES
LUA-02-061, ECF, PP
Annette Demps
Parkview Homes Preliminary Plat
,
DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and
Preliminary Plat approval for an 11 lot subdivision of a 1.77 acre site located within the Residential - 8 (R-8)
zoning designation. The proposed lots are intended for the eventual development of detached single family
homes-lots ranging in size from 4,516 square feet to 11,812 square feet. The existing residence is proposed
to remain on new Lot 1 of which 20 feet of the home and an existing retaining wall will both be removed.
Access is proposed via improvements to the east half of a new public street, Camas Avenue NE, that extends
north from NE 24th Street and terminates in a cul-de-sac.
LOCATION OF PROPOSAL: NE corner of NE 24th Street and Camas Avenue NE
Advisory Notes to Applicant:
The following notes are supplemental information provided in conjunction with the environmental
determination.' Because these notes are provided as information only, they are not subject to the
appeal process for environmental determinations.
Planning
1. The site is designated Residential Single Family in the Comprehensive Plan.
2. The property is zoned Residential 8 (R-8) dwelling units per acre (du/a).
3. Densities allowed in the R-8 Zone are 5.0 dwelling units per net acre (du/a) minimum and 8.0 du/a
maximum.
4. Minimum lot size in the R-8 Zone is 4500 square feet, with minimum width of 50 feet. The minimum
permitted lot depth is 65 feet. .
5. Heights of buildings in the R-8 Zone are limited to 2 stories, or 30 feet.
6. Required setbacks in the R-8 Zone are a 20-foot front yard, a 20-foot rear yard, and 5-foot interior side as
measured from the property line to the nearest point of the structure. The front yard setback is 15 feet for
public streets created after 1995. Setback dimensions should be shown on the construction drawings, but
must be removed prior to recording the final short plat
7. The maximum building coverage in the R-8 Zone is 35 percent for lots over 5,000 square feet and 50
percent, or 2500 square feet, for lots 5,000 square feet or less.
8. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless
otherwise approved by the Development Services Division. The Development Services Division reserves
the right to rescind the approved extended haul hours at any time if complaints are received.
1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single-family structures. If the
building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM
and requires two hydrants within 300 feet of the structures.
2. Street addresses shall be visible from a public street.
· ,
"to
Parkview Homes Preliminary Plat
LUA-02-061,ECF,PP
Advisory Notes (continued)
Page 2 of 4
Plan Review -Surface Water
1. A Drainage Report and a conceptual drainage plan have been submitted. The storm drainage report
submitted by the applicant is not based on the required .Level 2 Flow Control in the 1998 KCSWDM. The
report needs to be based in accordance with the criteria of the Level 2, hence the report is not acceptable
at this time.
2. There are storm drainage facilities in NE 24th St.
3. The Surface Water System Development Charges of $525 per each new lot applies to the proposed
project. The Development Charges are collected as part of the construction permit. .
Plan Review -Aquifer
1. The site is located in Aquifer Protection Zone 2 and may be subject to additional requirements per City
code. Constructed secondary containment may be required if more than 20 gaflons of regulated
hazardous materials will be present at the new facility (RMC 4-3-050H2d(i». A fill source statement
(RMC A-4-060L4) is required if more than 100 cubic yards of fill material will be imported to the project
site. Construction Activity Standards (RMC 4-4-030C7) shall be followed if during construction, more
than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface
Water Management Standards (RMC 4-6-030E2 and 3)--Biofilters, stormwater conveyance, and water
quality ponds may. require a groundwater protection liner. Impervious surfaces shall be provided for
areas subject to vehicular use or storage of chemicals. This is not intended to be a complete list of the
APA requirements nor does this information substitute for the full ordinance, it is only intended to guide
the applicant to the City of Renton code book.
Plan Review -Water
1. The site is located in the 435 Pressure Zone. The static pressure is about 54 psi at the street level.
2. There is an existing 8" A. C. watermain in NE 24th St.
3. A minimum 8" watermain extension and additional fire hydrants will be required to be installed to serve
the plat from NE 24th St to the north property line as part of the utilities improvements for this
subdivision.
4. All plats are required by City code to provide a fire hydrant with a minimum fire flow requirement of 1,000
GPM within 300 feet of any proposed sin9le-family structure. If the proposed single-family structures
exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants
within 300 feet of the structure. The fire hydrants must meet all current City of Renton standards ..
5. Water System Development Charges of $1105 per new house will be required for this project. The
Development Charges are collected as part of the construction permit.
Plan Review -Sanitarv Sewer
1. There is an existing 12" sanitary sewer main NE 24th St. See the As Built drawing (S2162) for more
detailed information.
2. A sanitary sewer main extension will be required to be installed by this project to serve the new lots
being developed.
3. Sanitary sewer mains shall be designed to be located in the public right-of-way unless it can be
demonstrated for engineering reasons that it can not be installed in the new street.
4. Dual sidesewers are not allowed.
5. This parcel is located in the East Kennydale Special Assessment District. This fee is $485 per lot plus
interest for the Area Charge and for the lots that front or connect directly to the main in NE 24th St the
advisorynotes
Parkview Homes Preliminary
LUA-02-061,ECF,PP
Advisory Notes (continued)
Page 3 of 4
fee is $3830.00 per lot plus interest for the Frontage Charge. These fees shall be paid at the time a
construction permit is issued.
6. System Development Charges (SDC) are $760 per new unit. These fees are collected at the time a
construction permit is issued.
Plan Review -Street Improvements
1. NE 24th St adjacent to the site shall be improved with curb, gutter, sidewalks, paving and street lights.
2. The new internal street shall be developed with a half street improvement, including the dedication of half
of a cul-de-sac. The right-of-way for the half street improvement must be a minimum of thirty-five (35')
with twenty-eight feet paved. A curb and a six foot (6') sidewalk shall be installed on the development
side of the street.
3. Projects that are 5-20 residential lots in size are required to install street lights will be required to be
installed by this project on both NE 24th St and in the new cul-de-sac.
4. All new electrical, phone and cable services and lines must be undergrounded. The construction of these
franchise utilities must be inspected and approved by a City of Renton public works inspector prior to
recording the plat.
5. The Traffic Mitigation Fee of $7162.50 shall be paid prior to the recording of the plat.
Plan Review -General
1. All required utility, drainage and street improvements will require separate plan submittals prepared
according to City of Renton drafting standards bya licensed Civil Engineer.
2. All plans shall be tied down to a minimum of two horizontal and vertical controls in the current City of
Renton Control Network.
3. Permit application must include an itemized cost estimate for these improvements. The fee for review
and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs;
4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half of the
fee must be paid upon application for building and construction permits, and the remainder when the
permits are issued. There may be additional fees for water service related expenses. See Drafting
Standards.
Property Services
1. Note the city deSignated street name (Edmonds Ave NE) on the drawing in place of "1161h Ave SEn.
Information needed for final plat approval includes the following:
2. Note the City of Renton land use action number and land record number, LUA-OX-XXX-FP and LND-10-
0398, respectively, on the drawing, preferably in the upper right-hand corner. The type size used for the
land record number should be smaller than that used for the land use action number. Please note that
the land use action number for the final plat will be different from the preliminary plat and is unknown as
of this date.
3. Provide plat and lot closure calculations.
4. Note the bearing to center for at least one point on the cul-de-sac, preferably at the pOint of curvature on
the westerly side of Lot 6. The geometry will be checked when all the necessary information is shown on
the final plat.
5. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set
as part of the plat, if any.
advisorynotes
.,.
" .. ~
.... Parkview Homes Preliminary Plat
LUA-02-061,ECF,PP
Advisory Notes (continued)
Page 4 of 4
6. Note all easements, agreements and covenants of record on the drawing.
7. Do not show the building setback lines of the proposed lots. Setbacks are determined at the time that
building permits are issued. .
8. The city will provide addresses for the proposed lots after approval of the preliminary plat. The
addresses will need to be noted on the drawing.
9. On the final plat submittal, remove all references to plant material, utility facilities, topography lines and
other items not directly impacting the subdivision. These items are provided only for preliminary plat
approval. '
10. See the Aquifer Protection Notice attachment for a highlighted portion that is omitted from said notice (as.
shown on Sheet 1 of 2).
11. An updated Plat Certificate will be required, dated within 45 days of Council action on approval of the
plat.
12. Note that if there are restrictive covenants, easements or agreements to others (City of Renton, etc.) as
part of this subdivision, they can be recorded concurrently with the plat. The plat drawing and the
associated document(s) are to be given to the Project Manager as a package. The plat shall have the
first recording number. The recording number(s)for the associated document(s)will be refer~nced on
the plat in the appropriate locations.
13. If new easements are shown for the benefit of future owners of the proposed lots, then include the
following statement, juxtaposed to the subject easement: "Area for private (water, sewer, utilities,
access, etc.) easemenf. Since the new lots created via this plat are under common ownership at the
time of recording, there can be no easement until such time as ownership of the lots is conveyed to
others, together with and/or subject to specific easement rights. '
14. Therefore, add the following Declaration of Covenant language on the face of the subject plat drawing if
the previous paragraph applies:
advisorynotes
DECLARATION OF COVENANT:
, The owners of the land embraced within this plat, in return for the benefit to accrue from this
subdivision, by Signing hereon covenants and agree to convey the beneficial interest in the new
easements shown on this plat to any and all future purchasers of the lots, or of any subdivisions
thereof. This covenant shall run with the land as shown on this plat.
CITY OF RENTON
DETERMINATION OF NON-SIGNIFICANCE
(MITIGATED)
APPLICATION NO(S): LUA-02-061, ECF~ PP
APPLICANT: Annette Demps
PROJECT NAME: Parkview Homes Preliminary Plat
DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and
Preliminary Plat approval for an 11 lot subdivision of a 1.77 acre site located within the Residential -8 (R-
8) zoning deSignation. The proposed lots are intended for the eventual development of detached single
family homes-I()ts ranging in size from 4,516 square feet to 11,812 square feet. The existing residence is
proposed to remain on new Lot 1 of which 20 feet of the home and an existing retaining wall will both be
removed. Access is proposed via improvements to the east half of a new public street, Camas Avenue
NE, that extends north from NE 24th Street and terminates in a cul-de-sac.
LOCATION OF PROPOSAL: NE corner of NE 24th Street and Camas Avenue NE
LEAD AGENCY: City of Renton
Department of Planning/Building/Public Works
Development Planning Section· .
The City of Renton Environmental Review Committee has determined that it does not have a probable
significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required
under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental
Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are
necessary to mitigate environmental impacts identified during the environmental review process.
Appeals of the environmental determination must be filed in writing on or before 5:00 PM July 8,
2002. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing
Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are
governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the
appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510.
PUBLICATION DATE:
DATE OF DECISION:
SIGNATURES:
dnsmsignature
June 24,2002
June 18, 2002
DATH
~ 10-oJ-
DATE
, i,
17:50 JOHN L. SCOTT RENTON ~ 4254307300
":;:'., . NO. 704 ~002
August 4, 2004
Dear Neil Watts and Kayren Kittrick;
Over the past three years, our company, ] & M Land Development has been developing in the
City of Renton. To date, we have recorded or are in the development process of over 75 single-
family homes. We have had great experiences working with the staff at the City while growing
our company in the process.
J & M Land Development took over a project, "Demps'; plat, in February 2004 after it had
received preliminary short plat approval. Jim Jacques submitted an application for a project next
door to "Demps" plat a few months prior to "Demps" plat application being submitted. lim
Jaeger was the Engineer for "Jacques" project, while the "Demps" submitted their own
application. Both of these projects use the same access road and fonn a public cul-de-sac.
After the acquisition of "Demps" plat, we hired Jim 1 aeger to finish our project because of his
familiarity with the area. Upon submittal, he uSed the 1990 code for drainage, the same code
used for "Jacques" plat. Within weeks, our project was given engineering approval by the City
and construction began.
Three weeks after that approval, and in the middle of construction, Ron Stratka from the
drainage department advised us that, in fact, we did not meet the necessary code requirements.
"Jacques" was approved using the 1990 code with "Demps" approval based on the 1998 code.
At that time, we were more than halfway through construction. We were then informed that we
needed drainage detention according to the 1998 code. We had a meeting to discuss this
challenge with the City and, unfortunately, we were denied a variance.
We understand that the City has its guidelines and we were doing our best to follow those rules
and regulations. Unforttulately, in this particular instance, there was some fault on both
accounts. We will do whatever is required to facilitate a rapid conclusion to this project.
However, we are hopeful that you will work to assist us.
Our request is to have our plat recorded as quickly as possible in order to facilitate a September
10 closing on our new 29-10t project on Edmonds A venue Northeast. Therefore, our desired date
of recording is September 7. The construction of the drainage tank on "Demps" plat will begin
the week of August 18 and take no more that two weeks to install. The papenvork has already
been submitted with the City and is near ready to record. In the event the additional drainage is
not completed by August 31, we would then like to bond for its completion so that the plat can
be recorded.
Thank you in advance for your time and assistance. We look forward to working together to
accomplish everyorie's goals and objectives.
All the best,
Marc Rousso
J & M Land Development
206-948-8899
~~
Jay Mezistrano
DATE:
TO:
FROM:
SUBJECT:
~ .... ,
CITY OF RENTON·
MEMORANDUM
July 12, 2004
Arneta Henninger
Susan Fiala x 7382 ~
Parkview Homes Final Plat -LUA 04-071 FP
The following is my· response to the first review of the FINAL PLAT for the Parkview Homes
subdivision. These are the items, I deem appropriate for Development Planning to review.
ERC MITIGATION MEASURES
Measure # 7. The applica·nt shall ensure that the full 50 foot right-of-way as depicted on the
preliminary plat has been dedicatf?d to the City and the street is built prior to recording of the final
plat. The satisfaction of this requirement shall be subject to the review and approval of the
Development Services Division prior to the recording of the final plat.
The abutting plat has been recorded. Other than the note that the 50 feet is shown on the
. plat, has the street been built?
HEX CONDITIONS
Condition # 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 recording of the final plat. .
This has not been completed. Please provide copy of demolition permit.
Other Comments:
1) In reference to Lot 7: The pipestem portion must be 20 feet in width. The ARC data indicates 18 .. 5
ft and the Delta is 19 ft. Please revise pipestem to meet the required 20 feet width.
~
LUA 02-061 -Parkview Homes Preliminary Plat
Conditions of Development (Summary)
Mitigation Measure or Source When Party
Condition Compliance is Responsible
Required
Transportation Mitigation Fee. ERC Prior to recording Applicant
$75 per new ADT w/credit for of final plat.
one existing SF home
Fire Mitigation Fee. $488 per ERC Prior to recording Applicant
new SF w/credit for one of final plat.
existing SF home
Parks Mitigation Fee. $530.76 ERC Prior to recording Applicant
per new SF w/credit for one. of final plat.
existing SF home
Silt fence. Install along the ERC The silt fence shall Applicant!
downslope perimeter cif the be in place before Contractor
area that is to be disturbed. clearing and
grading is initiated.
During
construction of off-
site and on-site
improvements as
well as building
construction.
Drainage swales. Shallow ERC During the Contractor/
swales to intercept surface construction of Builder
water flow and route the flow both off-site and
away from the construction on-site
area to a stabilized discharge improvements as
point. Vegetation growth shall well as building
be established in the ditch by construction.
seeding or placing sod.
Depending on site grades. it
may be necess'ary to line the
ditch with rock to protect the
ditch from erosion and to
reduce flow rates.
Erosion and Sedimentation ERC During Project
Control. Daily review and construction of off-Contractor
maintenance of all measures site and on-site
at the site. improvements and
during building
construction.
Project Design. 1998 King .ERC Prior to Applicant
County Surface Water Manual construction
Level 2 Flow Control. permits.
Camas Avenue. The full 50 ERC Prior to recording Applicant
foot right-of-way is dedicated of final plat.
as depicted on the preliminary
and street built
H:\Division .s\Develop.ser\Dev&plan. ing\SAF\ConditionMatrix\02-061.doc
Notes
Constructed in
conformance with the
specifications
presented in the King
County Surface Water
Design Manual.
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.
Page I of2
Mitigation Measure or Source When Party Notes
Condition Compliance is Responsible
Required
Demolition permits. Obtain HEX Prior to recording Applicant
permits and complete all Recommend of final plat
inspections and approvals for ation
demolition of all outbuildings
located on the property
HOAIMaintenance Agreement. HEX Prior to recording ApplicanU A draft of the
Created concurrently with the Recommend of final plat. Homeowners document(s), if
recording of the final plat in ation Association necessary, shall be
order to establish maintenance submitted to the City of
responsibilities for all shared Renton Development
improvements. Services Division for
review and approval by
the City Attorney and
Property Services.
TESCP reports. ERC Weekly reports Project Certification of the
engineer installation,
submits to maintenance and
Public Works proper removal of the
Inspector erosion control facilities
is required prior to
Temporary Certificate
of Occupancy.
Construction Plan. Plan City Code Prior to approval Applicant
submittal to indicate haul route of Construction submits, Dev.
and hours, construction hours Permit Services
and a traffic control plan. Reviews
Haul Hours. Restricted to 8:30 City Code Duration of project Contractors,
a.m. to 3:30 p.m. Monday construction sub-
through Friday. contractors
Hours for Construction City Code Duration of project Contractors, No work permitted on
Activities. 7:00 am to8:00'pm construction sub-Sunday.
Monday through Friday; 9:00 contractors
am to 8:00 pm on Saturday
H :\Division.s\Develop.ser\Dev&plan.ing\SAF\ConditionMatrix\02-061.doc Page 2 of2
City of Rt;.,(on Department of Planning / Building / Public norks
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
of \
REVIEWING DEPARTMENT: '"" COMMENTS DUE: JULY 9-,2004 -
APPLICATION NO: LUA-04-071, FP VLa.r\n, ~ ~ DATE CIRCULATED: JUNE 25, 2004
APPLICANT: Marc Rousso ~ PROJECT MANAGER: Arneta Henninger
PROJECT TITLE: Parkview Homes Final Plat PLAN REVIEW: Susan Fiala cl1Y O~· HE\lO~ OJ _ po ,...'i: ,
n ....... -
SITE AREA: 76,890 square feet BUILDING AREA (gross): • _ loA"" I.
LOCATION: 2308 NE 24th Street I WORK ORDER NO: 77274 JUN L ij LUUIl·
SUMMARY OF PROPOSAL: Final plat to subdivide 1.77 acres into 10 single-family resdientiallots. The PI~iru.~eslD\~I~~ation
of storm drainage, sidewalks, street lighting and street paving. u.
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 Housino
Air Aesthetics
Water Light/Glare
Plants Recreation
LandlShorelineUse Utilities
Animals Transportation
Environmental Health Public SeNices
Energy/ Historic/Cultural
Natural Resources PreseNation
Airport Environment
10,000 Feet
14 000 Feet
B. POLICY-RELATED COMMENTS
C. CODE-RELA TED COMMENTS
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or a"." .,..,.-pdd;tionat tnfonnation~~ to~,rly ass." th" proposal. 0. >;!/pq;v?--7~ ~ ~
SigW of Director or Authorized Representative . Dat~'7'.
City of Renton Department of Planning / Building / Public Works
'EN VIR 0 N M EN TAL & 0 EVE LOP MEN TAP P Lie A T ION REV lEW SHE E T
REVIEWING DEPARTMENT: COMMENTS DUE: JUt k)\.2io~ [E u Wi lE
APPLICATION NO: LUA·04-071, FP ~ DATE CIRCULATED: Juij~\, 2004 II
APPLICANT: Marc Rousso PROJECT MANAGER: IIJJe~ Hen~l~r 2 9 2004 U}
PROJECT TITLE: Parkview Homes Final Plat PLAN REVIEW: Susan Fiala
SITE AREA: 76,890 square feet BUILDING AREA (Qross), CITY OF RENTOf~ FiRr-rH:PA OTt. ,r-.".
LOCATION: 2308 NE 24th Street I WORK ORDER NO: 77274
SUMMARY OF PROPOSAL: Final plat to subdivide 1.77 acres into 10 single·family resdientiallots. The plat includes the installation
of storm drainage,sidewalks, street lighting and street pavirig. , . . .
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 UghtlGlare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ HistoriclCultural
Natural Resources Preservation
Airport Environment
'. 10,000 Feet
14000 Feet
B. POLICY-RELATED COMMENTS
C.
We have reviewed t 's application with
areas where additi allnformation is
rticular attention to those areas in which we have expertise and have identified areas of probable impact or
ed to properly assess this proposal. A ~
___ ~~~-7-r:-----------fytJlf
Signature of Date / /
·.-. .-"
.--
City of Re"con Department of Planning / Building / Public Works
ENVIRONMENTAL & DEVELOPMENT APPLICATION REV/~W·5HEET
REVIEWING DEPARTMENT: COMMENTS DUE: JULY 9, 2004
DATE CIRCULATED: JUNE 25, 2004
APPLICANT: Marc Rousso PROJECT MANAGER: Arneta Hennin
PROJECT TITLE: Parkview Homes Final Plat PLAN REVIEW: Susan Fiala
SITE AREA: 76,890 s uare feet BUILDING AREA
LOCATION: 2308 NE 24th Street WORK ORDER NO: 77274
SUMMARY OF PROPOSAL: Final plat to subdivide 1.77 acres into 10 single-family resdientiallots. The plat C/rli?{.~il)stallation
of storm drainage, sidewalks, street lighting and street paving. 'U'fiLiTY SYs{yrON eMs
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 Housina
Air Aesthetics
Water Liaht/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources PreseNation
. Airport EnvironmenJ
10,000 Feet
14,000 Feet
.8. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas where additional information is needed to properly assess this proposal.
Signature of Director or Authorized Representative Date
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
July 15, 2004
Arneta Henninger
Sonja I. Fesser :p'lf
Parkview Homes Plat, LUA-04-071-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-04-071-FP and
LND-1O-0398, respectively, on the drawing 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, if any.
See the address attachment for the pertinent addresses for the plat. Note said addresses on the
plat drawing ..
Reference the Declaration of Joint Access, Utilities and Maintenance document on the plat
drawing and provide a space for the recording number thereof. Provide legal descriptions for
both Exhibit A and Exhibit B of said document.
Item No.4 under "PLAT NOTES" refers to empowering the Parkview Homeowners Association
to maintain common property and facilities and charge fees to homeowners for maintenance and
epter into agreements with the City of Renton. What "Common" areas? The above referenced
declaration document seems to adequately define the maintenance and responsibility for said
private driveway.
The "PRIVATE DRAINAGE EASEMENT" statement (Sheet 2 of 3) notes that the drainage
facilities located within the private easement shown on the plat "shall be owned, operated and
maintained by the homeowner's association created for this plat". This statement appears to be
contrary to the above referenced declaration document that establishes mutual easements and
\H:\File Sys\LND -Land Subdivision & Surveying Records\LND-1O -Plats\0398\RV040713.doc
July 15,2004
Page 2
maintenance obligations regarding the driveway and its improvements (including the utilities).
No drainage easements are shown on the plat document.
Comments for the Project Manager:
Is there to be an "ACCESS EASEMENT" to the city (over the private access and utilities
easement?) for the private drainage easements? If this question does not apply, ignore this
paragraph. If true, then the "ACCESS EASEMENT" statement needs to be added to the
comments above. See the attachment.
H:\File Sys\LND -Land Subdivision & Surveying Records\LND-1O -Plats\0398\RV040713.doc\cor
',:
Arneta Henninger
City of Renton
1055 South Grady Way
Renton, Washington 98055
R ~'COEivl~ 0
AUG 16REen
PLAN REVIEW August 10, 2004
RE: The Final Plat Recording Concerns letter dated July 20, 2004, for the Parkview Homes Plat,
File No. ; LUA04-071-FP.
Dear Arneta,
Enclosed a list of how the City of Renton staff comments and concerns were addressed;
I) The City of Renton land use action number and land record number are now shown on the face of the plat.
2) Monuments have not been set at this time. City of Renton Monument cards will be filed after monuments have been
set.
3) Addresses have been shown on the face of the plat, per the City of Renton letter.
4) The Declaration of Joint Access, Utilities and Maintenance document has been added to the Plat Notes (No.4) with
space for the Recording No. Legal description for Exhibit A and Exhibit 8 have been enclosed.
5) Plat Note 4 has been changed to reference the Declaration of Joint Access, Utilities and Maintenance document.
6) The Private Drainage Easement note has been deleted.
7) The Access Easement statement you provided has been added to Sheet 2 of 3.
8) The pipestem for lot 7 has been widened to 20 feet. The Southerly pipestem line of Lot 7 was moved Southerly
and parallel to the Northerly pipestem line. New closure reports for lots 7 & 6 have been enclosed.
Should you have any questions or need additional information, please give me a call.
Sincerely,
~~
Stephen H Woods, P.L.S.
P.O. Box 4416 -Federal Way, WA 98063-4416
Phone (253) 661-1901 -Fax (253) 661-7719
Centre Pointe Surveying
33701 9th Avenue South
Federal Way," WA 98003
253-661-1901
Tuesday, August 10, 2004 3:27:24 PM
NEW PROJECT PROJECT: G:\2225\2225.pro
CLOSURE REPORT
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 7
Point Number
Bearing
Description
Distance
344 Calc Calc po
N89°56'57"W 75.30
345 Calc Calc po
SOO030'57"E 80.50
347 Calc Calc po
S42°47'03"W 17.37
350
Center Point:
Radius:
Delta:
Arc Length:
Chord Bearing:
Chord Length:
Middle Ordinate:
External:
Deg of Curvature:
Tangent:
Curve PI:
343 Calc Calc po
N42°47'03"E 21.74
342 Calc Calc po
N89°29'06"E 60.85
341 Calc Calc po
NOO030'54"W 93.59
344 Calc Calc po
Closing latitude
Closing departure
Closing bearing
Closing distance
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
,
,
Sta Northing
0+00.00 8525.39233
0+75.30 8525.45914
1+55.81 8444.96240
1+73.17 8432.21425
339 8393.17339
55.00 ,
21 °29'"10" Right
20.63 ,
S34°28'41"E
20.50 ,
0.96 ,
0.98 ,
104°10'27" Arc Definition
10.44 ,
1+93.80
2+15.53
2+76.38
3+69.96
0.01142
0.00421
S20015'40"W
0.01217
8424.86382
8415.31522
8431.27059
8431.81753
8525.40374
369.85 (369.96)
1/30394
1/32399
1/87770
7352.76 SQ FT
0.169 ACRES
Easting Elevation
7460.26139
7384.96142
7385.68615
7373.88777
7335.14746 Calc Calc
7381.29527
7385.49263
7400.25928
7461.10682
7460.26560
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Tuesday, August 10, 2004 3:27:24 PM
NEW PROJECT PROJECT: G:\2225\2225.pro
·CLOSURE REPORT
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 6
Point Number
Bearing
Description
Distance
341 Calc
S89°29'06"W
342 Calc
S42°47'03"W
343 Calc
Calc po
60.85 '
Calc po
21.74 '
Calc po
Center Point:
Radius:
Delta:
Arc Length:
Chord Bearing:
Chord Length:
Middle Ordinate:
External:
Deg of Curvature:
Tangent:
Curve PI:
338 Calc Calc po
N89°29'06"E 111.30'
337 Calc Calc po
N00030'54"W . 90.42'
341 Calc Calc po
Closing latitude
Closing departure
Closing bearing
Closing distance
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
Sta Northing
0+00.00 8431. 80980
0+60.85 8431. 26286
0+82.58 8415.30749
339 8393.16960
55.00 ,
97°23'34" Right
93.49 ,
S24°57'41"W
82.63 ,
18.70 ,
28.33'
104°10'27" Arc Definition
62.60 ,
1+76.07
2+87.37
3+77.79
0.00271
-0.00188
S34°44'16"E
0.00330
8358.00877
8340.39576
8341.39616
8431.81251
366.94 (377.79)
1/111207
1/135327
1/195162
6986.17 SQ FT
0.160 ACRES
Easting Elevation
7461.10240
7400.25485
7385.48821
7335.14028 Calc Calc
7410.69144
7350.61774
7461.91324
7461.10052
' .. . ......
Am:'
. ,~,:""".
"Kathy Keolker~~beeler. Mayor
""', Julyio,2004'
',' '. .
'.:' .. "
':, .... ,
, "S~ephenW(}ods;PLS,
','centre Jlbirite,Stlrveyirig .. '
:33701 9th Ave S ' .
. ,:':F~deral\vaY;,WA98003
.', .: "~ \ .:. .,' . ..... ' .
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....
CITY. ~rnNTQ~
:Pl~gt.8UjldingipublicWorks Depaitm~t" , ,
'. ·GreggZiminermanP.E~AdD;1iriistrator'· '.
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'.' :'
. ',,; .
.... ' ." ., . , ...... '
. ,,:,'. ,SU1.UECT:, ::,PAIuMEW(DEM;PS)~ALptA:r . .... .. :',
... ;, , , ' .. PLATC,OMPLETIONANDACCEPTANCEOF1J1lIJ11ES'· .': ""ItEQ"UIRE~Nt:;':' : .... " ,
"" . " LUA-O+07110LOTS'" .. ' ..... . . ··V.· ". " .
·PERMIT:U0401S5·&:'U()40208RT3159 "., .' .. " .. ". '. .... ."
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',cOmmen~' as s\lpple~ental iI1fo¢tation becOmes avaiiabJe .. ,()hce'y6u 'have completed th:e revisions, ',,' :.',
, '.' ' , please ~esub~it-tlfree blue lines to'my'pffice. '--' . " , " .
','
';', ':'·'.FinarplatReh'oi"diJl~Con~erIls:? . <,.:c' . ;','(::;;.c.,:,,:': ' .... '," .
.... ,.:' ,.' }N~te',ilie CitY'ofReilton:l~d'useactiorinUni~r'aiid:i~drecordnuinber,LtJA-()4;,07i4~P"8ndLND-': '.<
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' .•.• , .•.•. ' .. ·',f~::~~%~t~f:t:nion~~:'1:~'j,~~f~C.. P9~~fo)lnk tight.-o,· •.. f..-. ~YlDimumci.~ .•.... ' ••...•.......
': '~
. ,. ,''',,'S~e :the'~ddr~ss attachment. iOr~~p~~inent'ad~k~s fo~ th~\plat.Note :said~dd~ss~~:onthep]~t' '<:, •. :drawing.':,.·· ,.,. .... .... . . '. ".,' 'c,,", ' '. >,," .'
'n ."'. '. : ..•• ; ...... ' "": I,· ... " '.'-'::;
. " ;;-:,~:')i~fere.i1ce~ej)~9laratio~ '6fJci,infj\ccess, Utiliti~S~d Maintertah<:;e~PC\1Jllehtohthe.plat· ~Wing,' ,', .. ' :
:' .. , ... : ", and,' provide .~. spacef~rther~ordmg. nuinber:.~ereot "Provideiegaldescriptions for both 'Exhibit A ' . , ,-,." .... , ,; '; '~andE~bi~~of ~aiddoc\mleJit., " , . " .'. ...,' . .' '. " , " ....
, .: . . ' .
: 'Ite~ NO:.A .~rtder"J;LAT NOfEs":refets toenipowerirt~the'Parkview HomeoWne.rs.Ass6ciati~nto .•• " .......•.
:'maintl)incommon:pr<>p¢rtY. arid faCilities: and charge fees tObmneoWners fQrlDainte.rianc~and; enter .. ' .
. . into 'a~ee1ilents with i.he'CityofRenton';What'~Common"areas? The.aboverefer.encedd.ecl~tion •..... , .
. ; :'. doctim~ntse~ms t,?adeCJ~atelyd~fmethe ri'lahtteniulce and respOnsibility foisaidprivatedriveway •.
• '. ,... . .• ' • .. ' . I " . .' , ~ , .'
~ .,. . :;., .
. : . :The -"PRIVAT.E DRArN'AQE EAsEMENT" statement (Sheet i'oi3 ) notes that the drahiagefadilities. "lo~atedwithiIl tli~,private :easementsh'pWn' on thephlt "shall be . owned', oi>erated~d maintaln¢d by . '
.' the homeoWner:' S' assOciationcreated:fotth~spi~t"., This' statement apPears tobecohtraiy to the above .' . .
referenced. declarationdocwnentthat :establish~s ,nlutUaleasementSand maintenance' obllgati()ns" ..•
. regarding the driveway and . iti . i~provenients (inCluding the utilities)., No drainage' easements are
'shown on the plat document.' . . . . . '., . .." .. .
~ -~----10-,S-S-S-ou-th~. -G-'-ra-:dy-' w,---'-ay-~-'-R--'e-'-nt-on-.-W,"-a-sh-in-g-to-n-9-:8-0S-S------R E N TO: N
AHEAD o~ THE cu.RvE
'." .
· Parkview Plat
. If you have ~y questions regarding specific commentS in ~e above fmal plat ~a'Wingreview please
contact Bob Mac Onie at 425.-430-:7369. . .
. . Plan Review FihalPlatComritents: .
. • '. There needs to be an "ACCESSEA~EMENT" tothe city (oyer the private access ~d utilities:
· easement) ,for the' private drainage. ~asements;;The "ACCESS ·EA:S.E~T" statenientneeds .to be
· added to the platS~etheattacluilent. .,
" . ". ' .: .' ' ... '.
'Planning Review Final Plat Comments:
'HEX CONDITIONS· · ." .
, " . ,',., .' · .• C~nditioi #' 2. T/teppplicant shall-obt~inademolition pei-;"it and 'complete all insp~ctionsand
" . . ' .. ' approvals jor demolition, ()/ ·alloutbu.ildings.!ocatedon the property. .'J'k ~:satisfa~tion:. 0/ this.··· ..~ ..' .'
;'.: ... req,uireriliiniiS ~ubjeCt to the review' and app~oval 0/ thel>evelopment SenicesProjeciMa"ager prior ', ..
. ..' .... to recoi'diJig 0/ thejinal plat. ," ',.
, .', ..,,' , This has h6tbel;in.completed. Pleastrprovide' copy of demolitlon'p~rmit.'· .. " . . .. , . : . " ." . .
,.:" Otlier CommentS: ..
.. ··,i .' ' .. '1) In referenc~ to Lot? The piJites~:¢fu .. pprtioln.111n!t~tJ)~~.;2Q
'. :'. ftaIldthe~ltds19 ft. Ple;!lS.~.rey.]ise~lpi~~sfem
'-':" .:: ... : .. ',
. .,';'~ '. :. ~,' ' , ..
. . i\Rcdata mcficates UL~.':.
Width.',
'. '.' '.'
'ConsiructionC()fum(m~'; . '. ,' ...... ' :. '.. ';". I " ..
,": .. ,
" ~'
'. ' " ' . ' " .' " .
Please note thatthe 'coJmn,ent~falb()~~e
. :", the City inspector,: Dim 1 n()tnl'~().n;
,': the inspedor .. ·"This 'm' l'C, IU(Jlesf;any t'''~'''(.t'''~!;.::.a~r~!~Ji.~
: . Divisi()n.Y(ni. will-"'aht to
c~ntinlle~ork~g with .
IkHhrcl11' . andsign-()ff by
th,~ ,City MaiDtenance' " '.
'., .' >":(alongwi~co~p'letirig' sttE~eLn~[le.1!r(·)n.the'~i·name 'signs:,
. to: recoidmg.,, :_PI~ase: .'
: ..•. ; ..
.; ~()rttactI)an Thompson,
:.:. ",FirePrevention CoJimients: .
'., . All roadway and' ~treet signage work needs to' 6::Ve;!?!:. '1f:J:2ili:t,iCiiJIf]'''':''''
·;:As-l3'uilt Concerns:
· "The'construction permit planni:yl~s must,1>e'ch~ked:.out tromtlle.· ~~. floor public. works, coUnter " .
" 'and • updated ' orreplacedwithaCOnipleteAs~13ui~t plan', s~ .• ····All·plim· sheets,inchiding' those' .
"consti1lcted per de~ign, musf be veri.tied; stilplped and signed as As-Built by a :tiC~nsedsurvey()t or
.engmeer. The JJlyl~ ar¢ labeled As~Built .in'large black, Jetters~dstampedby aPE orPLS.Sl.lPnlit
anASCI file along with your As-Built dra\Vings.· . .
.,', .
· . ''I1ie ciyil drawingS'shall accuratelyref1~ct th,e~onstructiori acti~ity,'Thtfcivil draWmgs' al~JleedtQ' "
. show all street lights, 'sanitatysewer, 'Mdstorm drainage . Systems . easements' which ,shall. be ~onsistent , ,.'
... .' withthe AS-Built:lbcatioflo'fthe utility.'bricetheabove·hi!ve'been addresse~~submitone setofAs-', .
; Built blu~lines. of the 'civil drawings to my office;"The inspector will· be reviewing th~ blueHnesarid if
· . all isinordet I willthen call for the civil: mylars to beretUrned~'These fInal mylars'lnust besubmitt~d
, for Qur permanent record~~ , . .
.'" '.
", '~" ..
. . .; ,~'J'"
it· ; '.
. ". .,'
/ . ·Par.kview plEit
:, ,Construction Cost DataCoricems:
. "At the same time the:As~Builtbluelinesaresubmitted, the owner·ofthe ~evelopmentor authorized
· . ' .. agent ~hall s\lPplythedetaih~d coristructi~ncost ofth:e public Sanitary Sewer System,: StOrln Drainage
· .' Systems, streefimprovementsand street lighting on the Cost Data and Inventory F0rt11andsignit at
.•. , the bottom. This form is to reflect onlyth()se facilities.that will be turned . over to . the City. An .: '
• ,exarnpl~ ofitemsthatm-eNOt.tume(foveraresidesew~r stubs, water service fines. and"pnvate storm .
'.' :;,drainage f~cilities .. RetwD,the'origirialformto inyoffice. The Bill-of Sale is to.refl~ct the 'itetnsand",
. q\ul~titiesli$shoWn\onthe Cost Data apd,Inventoryfonn!(bothareenclosed».· "
.:;' ,; .. ,
':". ,.: '.' . -.; A maintenlll1de bond. is,req~iredfu. themn9\lnt'oflO~ . of th~grandto~l o(th~ wa~~r, se\Ver~stomi~: '.'
. ,,/ '.:street·and'.street lighting costs as shown on the CostData Inventoryf9nn;. J\ standard City of Renton
.. ,"
'.' .' ·.maiIltenancebOnd fonn is enClosed.,' the p~fmit bond will ,be released upon receipt aildac¢eptance of'
.' 'theniaiiitenaocebond, ()ftheabove documentation aridfl,Dalsign-pffbythe inspector; ..... " .....
· '. "'.,"
.: .. :Fees:
. ",' · . ", .. ~·Genef~I:· ' .. ' .
... :.'" ','
, _:AcopY()fth~peclw1ltion9f~., .~~. ~'~:r~:!~~~~ .' , . ·;~app'rovedas}oJegalfoilh~y tiJ "~ .. . ' . ~;.. '. ',:. ;." .-" .' '. .". "': ... . .
.... :."
". '.
.:., .
. : '/, ". '. Id~ ~,t~~efI6.tof aifofthe
'. ;',.'fmalplaf approval. I{ you,
getyoi1rplatjo ..•.. '.
. num~'you ·fot.·
, . " . . . .
....: .; .: .... ,.. your cooperatiol:t . .. , ",. . . '. .' .. -:.. .' ".' ..... , ... ' .. .' ."
.. . .Arnet8lIenrunger . . ...
·.,'EngiiteeringSpecialist. . ..... .
,,". . " .:~ .-
.... .' .
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CITY OF RENTON
CURRENT PLANNING DIVISION
AFFIDAVIT OF SERVICE BY MAILING
•
On the 29th 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:
Marc Rousso Applicant
Stephen Woods Contact
Keith & Annette Demps Owners
~~' ", ......... ,'",'\ ' ........ ~N KA '" (Signature of Sender):;; _-... :<»~ ........ .fie 'tt,
j" ~~ .. :;"\SSIOI'/~" ~'"
STATE OF WASHINGTON ) i l~~ ~OTA~L.~·"~\
) SS ~. r m' I. ..: -... en: :;
COUNTY OF KING ) , % ~ \. ,()U8L\C / j
""'~"(9, •.. ~:
I certify that I know or have satisfactory evidence that Stacy Tucker ,\t o;;,:?~;,~~····e'\O.l·
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the'~~~\~ ... ~·"
purposes mentioned in the instrument. ","', ............
Dated:_1-+--L-1 ~Oq.L.I./~o..t-if=_ /?7~~ NrUblic In and for thee of Washington
. ). MARILYN KAMCHEFF . Notary (P~lnt . MVPjPP9IPRM[NfI)~IR~ . My appointment expires: S 5=29 07
Parkview Homes Final Plat
LUA04-071, FP
. ". :
Mayor
June 28, 2004
. Stephen Woods.
: Centre Pointe SurveYing
33701 9th Avenue S .' .
Federal Way, WA 98003
'Subject: . Parkview Homes Final Plat
LUA-04-071, FP .
Dear Mr. Woods:
C·ITV-'ENTON.
PlaimingIB~diIiilPubli~Works Department'
. GreggZim~ermanP£., Administrator
the Development Planning Section of the City of Renton has determined that the
subject applici:itioniS complete aqcording to submittal requirements and; therefore, is
accepted for review.. .. .
You will be notified if' any additional inform~tion 'is required to continue processing your
application.. '. .. . . .
Please contact me. at (425) 430-7298 if 'you have, Ciny questions.
Sinqerely,
.~.· ..... ~· ..... l
• l.'· . .' .' -." . , " .
Arneta Henninger.
Project Manager
. , .
cc: Keith & Annette Demps fOwner
Marc Rousso fApplicant
~
---.. ----... -------.-.---.. -.--.-... -····-10-S-S-·S-'-ou-'-th-·G-· r-a-dy-W-,a-y-. '~-'R-e-nt-on-;--W,-a-sh-in-g-to-n--9-8-0S-S-'" .--.-.. -. --. -.--... -. ~-R~.E-N~T-O-N-. -_·cc· * This paper contains 50% recycJed material, 30% post consumer AHEAD OF THE CURVE
City of Renton
LAND USE PERMIT
MAST.E·R APPLICATION
PROPERTY OWNER(S) PROJECT INFORMATION
NAME:
. Ke"iL....-6Annel/<..· Delt1l'JS
PROJECT OR DEVELOPMENT NAME:
PA~I("JI£W I-MUF5 rlltf-k1-PIAl
ADDRESS: tJ€ Zq11-sf 2308 PROJECT/ADDRESS(S)ILOCATION AND ZIP CODE:
Z30<:J J.J E 2.L( Vi:ST-
CITY: 12e YJf-OY"\
ZIP: CJ8DSb WA-R-~TO~ WA-· 1~5(.p
TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
APPLICANT (if other than owner) 33tj39ti;-aS~tJ
NAME: M 2 (')uss. 0 rC{('c-
EXISTING LAND USE(S): Rgs I D e}.Jlf kL
COMPANY (ifapplicable): I&. De uti 0 {) me, I-.J17 JVt L.c0r
PROPOSED LAND USE(S):
519Me-
ADDRESS:? ' , 0 \SO'i.. Z5~
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
RE..$lDCtJTIA L I \ ~ ,11 ~,~:-)t,;ol'l '.:::.-I!-I/[>'J:!-IOO1/
CITY: i2evtk t-/A-ZIP: CfBDSb PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
(if applicable): ;JIlt
TELEPHONE NUMBER q 199
20<0'-tf 8 -8A EXISTING ZONING: f2..-<l
CONTACT PERSON PROPOSED ZONING (If applicable): AlJA-
NAME: Sre-,i)/leAl uW~ !Jt:5
SITE AREA (in square feet): 7(P~9?(}
SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED
COMPANY (if apPIiZ;: ~ C~C vTC ~V~YIAh-
ADDRESS:
?:?/O/ 9J!i4V'C' ~.
FOR SUBDIVISIONS OR PRIVATE STREETS SERVING
THREE LOTS OR MORE (if applicable):
'1,710
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
ACRE (if applicable):~ (P,S
CITY: ZIP: ~ ,.cEPeP/? w/ff/ fAli fitiJ 3
'"
NUMBER OF PROPOSED LOTS (if applicable): It)
TELI;PHONE NUMBER AND E-MAIL ADDRESS:
253 -~ft;/-I1t:J1
NUMBER OF NEW DWELLING UNITS (ifaPPlicable):1
Q:wd:J/fIW ldevserv/fonnslplanning/masterapp.doc 09/24103
PRoItCTINFORMAT~I~O~N~(~ICo~n~t~in~u~ed~lf~-____________ ~
NUMBER OF EXISTING DWELLING UNITS (if applicable):
I
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable):
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable): (1;.
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): ~
NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if
applicable): r/)
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE
NEW PROJECT (ifapplicable):
PROJECT VALUE:
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA. PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
a AQUIFER PROTECTION AREA ONE
a AQUIFER PROTECTION AREA TWO
a FLOOD HAZARD AREA sq. ft.
a GEOLOGIC HAZARD sq. ft.
a HABITAT CONSERVATION sq. ft.
a SHORELINE STREAMS AND LAKES sq. ft.
a WETLANDS sq. ft.
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE JJe::-QUARTER OF SECTION'£". TOWNSHIP ~&'RANGE 56, IN THE CITY
OF RENTON. KING COUNTY, WASHINGTON.
TYPE OF APPLICATION & FEES
List all land use applications being applied for.
1. ,AAJA-I.-Puf-r Il)(XJ ~ 3.
2. 4.
Staff will calculate applicable fees and postage: $
AFFIDAVIT OF OWNERSHIP
/(~inl F' ANNETTE O.r~ps /
I. (Print Name/s)' • declare that I am (please check one) "-the current owner of the property
involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing
statemems and answers herein contained and the information herewith are in all respects true and correct to the best of my knOwledge and belief.
,
(Signature of Owner/Representative)
I certify that I know or have satisfactory evidence that K, ~ th '* 0... (l (\ -t.lts ~iIIj2A
signed this Instrument and acknowledged it to be hlslherllhelr free and voluntary act for the
uses and purposes mentioned in the instrument
~L= (2. adfuw
Q. ---.~ J Notary Public In and for the State of Washington .
V'--~ " --U <L.-Y"\ e e-/
09124103
DENSITY
WORKSHEET
City of Renton Development Services Division
1055 South Grady Way-Renton, WA 98055
Phone: 425-430-7200 Fax: 425-430-7231
1. Gross area of property: 1. .::;-~ I 0 qO square feet
2. Certain areas are excluded from density calculations.
These include public roadways, private access
easements serving 3 or more dwelling units, ql~LO and critical areas.* Total excluded area:** 2. square feet
I
3. Subtract line 2 from line 1 for net area: 3. G~l Lr[/D square feet ,
4. Divide line 3 by 43,560 for net acreage: 4. i.~~ acres
5. Number of dwelling units or lots planned: 5. 10 units/lots
6. Divide line 5 by line 4 for net density: 6. G. r-d.u.lacre
____ lots or units would result in a net density of ____ dwelling units per acre.
*Critical. Areas are defined as "Areas. determined by the City to be not suitable for ...
development and which are subject to the City's Critical Areas Regulations not
including very high landslide areas, protected slopes, wetlands or floodways."
Critical areas buffers are not deducted/excluded.
** Alleys (public or private) do not have to be excluded.
Q:\WEB\PW\DEVSERV\Forms\Planning\density.doc07/18/03 1
121
I
: 277
~~276
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RENTON E Vt 5-23-5 309E
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Centre Pointe
--Surveying, Inc., P.S.
City of Renton June 21, 2004
1055 South Grady Way
Renton, Washington 98055
RE: Hearing Examiners Report for the Plat of Park view Home, File No.; LUA-02-061,
PP,EDF, dated August 13,2002.
Dear. City of Renton Representative,
Enclosed is how your the Hearing Examiners Recommendations and the Environmental
Review Committee (ERC) comments were addressed;
Hearing Examiners Recommendations:
1) The conditions imposed by the ERC were complied with as shown below.
2) A copy of the demolition permit for all demolished structures will be submitted prior
to the recording of the Final Plat.
3) The maintenance agreement included in this submittal package will be recorded prior
to the recording of the Final Plat.
Environmental Review Committee: (Mitigation Measures)
1) A silt fence was installed prior to any clearing and grading in accordance with the City
of Renton Standards. The silt fence will stay in place during construction of the building
structures.
P.O. Box 4416 -Federal Way, WA 98063-4416
Phone (253) 661-1901 -Fax (253) 661-7719
2) All sedimentary control measures have been completed and removed as construction is
complete. Additional control may be necessary at time of the building permit process.
3) The projects on-site/off-site supervisor performs inspections of all sedimentation and
erosion control structures on a daily basis to confirm compliance with the King' County
Surface Water Design Manual (KCSWDM).
4) All erosion control has been completed and removed. No violations were reported.
Additional erosion control will be in place at the time of the building permit process.
5) The project was built in accordance with the 1998 King County Surface Water Manual
Level 2 Flow Control. An additional on-site storm drainage vault is being revised and
bonded for at this time.
6) Fire Mitigation Fees will be paid in the amount of$488.00 per new single family lot
(9) prior to Final Plat Approval.
7) The 50' right of way shown on the Preliminary Plat
8) The Applicant will pay the appropriate fee for Traffic Mitigation prior to Final Plat
Recording. Fee's will be based on a $75.00 per e~ch new average daily trip.
9) Park Mitigation Fees in the amount of$530.76 per new single family lot (9) will be
paid prior to Final Plat Recording.
Should you have any questions or need additiomtl information, please give me a call.
Sincerely,
Stephen H Woods, P.L.S.
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901'
Thursday, June 03, 2004 8:14:52 AM
NEW PROJECT PROJECT: G:\2225\2225.pro
CLOSURE REPORT
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: ROAD
Point Number
Bearing
Description
Distance
326 Calc Calc po
N88°06'35"E 40 .. 61'
354 CALC LOT COR
Center Point:
Radius:
Delta:
Arc Length:
Chord Bearing:
Chord Length:
Middle Ordinate:
External:
Deg of Curvature: .
Tangent:
Curve PI:
352 CALC LOT COR
N00030'57"W 306.12'
338 Calc Calc 'po
Center Point:
Radius:
Delta:
Arc Length:
Chord Bearing:
Chord Length:
Middle Ordinate:
External:
Deg of Curvature:
Tangent:
Curve PI:
340 Calc Calc po
S00030'57"E 440.00'
326 Calc Calc po
Closing latitude
Closing departure
Closing bearing
Closing distance
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
Sta Northing
0+00.00 8008.18889
0+40.61 8009.52844
353 8034.51483
25.00 ,
91°22'28" Right
39.87 ,
N46°12'11"W
35.78 ,
7.54 ,
10.79 ,
229°10'59" Arc Definition
25.61 ,
8008.68380
0+80.48 8034.29194
3+86.60 8340.39954
339 8393.17744
55.00 ,
164°10'24" Left
157.60 ,
N08°25'45"W
108.95 ,
47.43 ,
344.49 ,
104°10'27" Arc Definition
395.69 ,
8451.73264
5+44.19 8448.17264
9+84.19 8008.19047
0.00158
-0.00331
S64°27'11"E
0.00367
931.46 (984.19)
1/254137
1/589301
1/281676
9851.11 SQ FT
0.226 ACRES
.Easting Elevation
7338.61300
7379.20090
7378.37626 CALC LOT R
7353.60915
7353.37500
7350.61904
7335.14347 Calc Calc
7730.32499
7334.64843
7338.60969
C~ntre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Thursday, June 03, 2004 8:14:51 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\2225\2225.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: OVERALL
Point Number
Bearing
Description
Distance
327
S89° 56' 57 '~E
317
SOO030'54"E
322
S88°06'35"W
326
NOO030'57"W
327
Closing latitude
Closing departure
Closing bearing
Closing distanc~
Calc
Calc
Calc
Calc
Calc
Total traverse length
Total error of closure
Calc po
126.31
Calc po
606.64
Calc po
126.33
Calc po
610.92
Calc po
Error of closure in latitude
Error of closure in"departure
Area
Area
,
,
,
,
Sta
0+00.00
1+26.31
7+32.95
8+59.28
14+70.20
0.00061
0.00134
S65°21'56"W
0.00147
Northing
8619.08707
8618.97500
8012.35951
8008.19244
8619.08768
1470.20 (1470.20)
1/996963
1/2391792
1/1096786
76886.75 SQ FT
1.765 ACRES
Easting Elevation
7333.11412
7459.42407
7464.87675
7338.61549
7333.11546
Centre Pointe Surveying
33701 9th Avenue South
. Federal Way, WA 98003
253-661-1901
Thursday, June 03, 2004 8:14:51 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\2225\2225.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord b~aring and chord lengths as indicated herein.
Boundary Name: LOT 9 .
Point Number
Bearing
Description
Distance
327
S89°56'57"E
346
SOOo30'57"E
348
N89°56'57"W
349
NOOo30'57"W
327
Closing latitude
Closing departure
Closing bearing
Closing distance
Calc
Calc
Calc
Calc
Calc
Total traver~e length
Total error of closure
Calc po
5LOO
Calc po
88.54
Calc po
51. 00
Calc po
88.54
Calc po
Error of closure in latitude
Error of cl6sure in departure
Area
Area
,
,
,
,
Sta
0+00.00
0+51. 00
1+39.54
1+90.54
2+79.08
0.00000
0.00000
N90000'OO''W
0.00000
Northing
8619.08707
8619.04182
8530.50541
8530.55066
8619.08707
279.08 (279.08)
1/999999
1/999999
1/999999
4515.37 SQ FT
0.104 ACRES
Easting Elevation
7333.11412
7384.11410
7384.91121
7333.91123
7333.11412
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Thursday, June 03, 2004 8:14:51 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\2225\2225.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 8
Point Number
Bearing
Description
Distance
346
SOOo30'57"E
345
S89°56'57"E
344
NOOo30'54"W
317.
N89°56'57"W
346
Closing latitude
Closing departure
Closing bearing
Closing distance
Calc
Calc
Calc
Calc
Calc
Total traverse length
Total error of closure
Calc po
93.59
Calc po
75.30
Calc po
93.59
Calc po
75.30
Calc po
Error of closure in latitude
Error of closure in. departure
Area
Area
,
,
,
,
Sta
0+00.00
0+93.59
1+68.89
2+62.48
3+37.78
0.00001
0.00136
S89°29·'04"W
0.00136
Northing
8619.04188
8525.45568
8525.38887
8618.97509
8619.04189
337.78 (337.7"8)
1/248146
1/27585341
1/248156
7047.02 SQ FT
0.162 ACRES
Easting Elevation
7384.11659
7384.95917
7460.25914
7459.41792
7384.11795
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Thursday, June 03, 2004 8:14:51 AM
NEW PROJECT PROJECT: G:\2225\2225.pro
CLOSURE REPORT
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 7
Point Number
Bearing
Description
Distance
344 Calc Calc po
N89°56'57"W 75.30
345 Calc Calc po
SOO030'57"E 80.50
347 Calc Calc po
S42°47'03"W 17.37
350
Center Point:
Radius:
Delta:
Arc Length:
Chord Bearing:
Chord Length:
Middle Ordinate:
External:
Deg of . Curvature:
Tangent:
Curve PI:
343 Calc.Calc po
NA2°47'03"E 19.03
342 Calc Calc po
N89°29'06"E 63.59
341 Calc Calc po
NOO030'54".w 93.59
344 Calc Calc po
Closing latitude
Closing departure
Closing bearing
Closing distance
Total traverse length
Total error of closure
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
,
,
Sta Northing
0+00.00 8525.39233
0+75.30 8525.45914
1+55.81 8444.96240
1+73.17 8432.21425
339 8393.17339
55.00 ,
19°14'00" Right
18.46 ,
S35°36'17"E
18.38 ,
0.77 ,
0.78 ,
104°10'27" Arc Definition
9.32 ,
1+91.63
2+10.66
2+74.26
3+67.84
0.00225
-0.00084
S20025'38"E
0.00240
8425.65006
8417.27034
8431.23679
8431.80836
8525.39458
367.76 (367.84)
1/153221
1/163503
1/439007
7312.01 SQ FT
0.168 ACRES
Easting Elevation
7460.26139
7384.96142
7385.68615
7373.88777
7335.14746 Calc Calc
7380.50293
7384.58843
7397.51433
7461.10177
7460.26055
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
. 253-661-1901
Thursday, June 03, 2004 8:14:51 AM
NEW PROJECT PROJECT: G:\2225\2225.pro
CLOSURE REPORT
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 10
Point Number
Bearing
Description
Distance
348 Calc Calc po S00030'~~"E 85.55 '
347 Calc Calc po
S42°47'03"W 17.37 '
350
Center Point:
Radius:
Delta:
Arc Length:
Chord Bearing:
Chord Length:
Middle Ordinate:
External:
Deg of Curvature:
Tangent:
Curve PI:
340 Calc Calc po
N00030'57"W 82.39 '
349 Calc Calc po
S89°56'57"E 51.00 '
348 Calq Calc po
Sta
0+00.00
0+85.55
1+02.92
339
55 .. 00
45°17'40"
43.48
N67°52'07"W
42.36
4.24
4.60
104°10'27"
22.95
1+46.40
2+28.78
2+79.79
Northing Easting Elevation
8530.50884 7384.91350
8444.96231 7385.68370
8432.21416 7373.'88533
8393.17330 7335.14502 Calc Calc ,
Left ,
, , ,
Arc Definition ,
84·48.37762 7357.59915
8448.17252 7334.64631
8530.55918 7333.90456
8530.51393 7384.90454
-------------------~------------------------------------------------,------------
Closing latitude
Closing departure
Closing bearing
Closing distance
Total traverse length'
Total error of closure
Error of closure in latitude
Error of closure in departure
Area·
Area
0.00509
-0.00896
S60023'50"E
0.01031
278.67 (279.79)
1/27041
1/54741
1/31101
4505.89 SQ FT
0.103 ACRES
Centre Pointe'Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Thursday, June 03, 2004 9:02:09 AM
NEW PROJECT PROJECT: G:\2225\2225,pro
CLOSURE REPORT
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 6
Point Number
Bearing
Description
Distance
341, Calc
S89°29'06"W
342 Calc
S42°47'03"W '
343 Calc
Calc po
63.59 '
Calc po
19.03 '
Calc po
Center Point:
Radius:
Delta:
Arc Length:
Chord Bearing: ,
Chord Length:
Middle Ordinate:
External: '
Deg of Curvature:
Tangent:
Curve PI:
338 Calc Calc po
N89°29'06"E 111.30 '
337 Calc Calc po
N00030'54"W 90.42 '
341 Calc Calc po
Closing latitude
Closing departure
Closing bearing
Closing distance
Total traverse length
Total error ,of closure
Error of closure in latitude
Error of closure in departure
Area
Area
Sta Northing
0+00.00 8431.80980
0+63.59 8431.23823
0+82.62 8417.27178
339 8393.17167
55.00 ,
99°38'44" Right
95.65 ,
S23°50'05"W
84.05 ,
19.52 ,
30.25 ,
104°10'27" Arc Definition
65.14 ,
1+78.28
2+89.57
3+79.99
-0.00306
0.00486
N57°46'45"W
0.00574
8358.72323
8340.38999
8341.39039
8431.80674
368.39 (379.99)
1/64135
1/120288
1/75810
7026.92 SQ FT
0.161 ACRES
Easting Elevation
7461.10240
7397.51496
7384.58906
7335.15036 Calc Calc
7413.12801
7350.62448
7461. 91998
7461.10725
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Thursday, June 03, 2004 9:02:09 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\2225\2225.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 5
Point Number
Bearing
Description
Distance
337
S89°29'06"W
338
SOOo30'57"E
336
N89°29'06"E
335 .
NOOo30'54"W
337
Closing latitude
Closing departure
Closing bearing
Closing distance
Calc
Calc
Calc
Calc
Calc
Total traverse length
Total error of closure
Calc po
111. 30
Calc po
54.28
Calc po
111. 30
Calc po
54.28
Calc po
Error of ·closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
Sta
0+00.00
1+11.30
1+65.58
2+76.88
3+31.16
0.00001
0.00079
S89°29'05"W
0.00079
Northing
8341. 39559
8340.39518
8286.11738
8287.11778
8341.39559
331.16 (331.16)
1/419470
1/46630704
1/419487
6041.68 SQ FT
0.139 ACRES
Easting Elevation
7461.91493
7350.61943
7351.10810
7462.40361
7461. 91572
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
-2-5-3-661-1901
Thursday, June 03, 2004 9:02:09 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\2225\2225.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 4
Point Number
Bearing
Description
Distance
335 Calc Calc po
S89°29'06,iW 111.30
336 Calc Calc po
SOOo30'57"E 50.00
334 Calc Calc po
N89°29'06"E 111.29
333 _ Calc Calc po
NOOo30'54"W 50.00
335 Calc Calc po
~losing latitude
Closing departure ~
Closing bearing
Closing distance
Total traverse length
Total error-of closure
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
Sta
0+00.00
1+11.30
1+61.30
2+72.59
3+22.59
-0.00008
-0.00927
N89°29'06"E
0.00927
Northing
8287.11289
8286.11249
8236.11452
8237.11483
8287.11281
322.59 (322.59)
1/34788
1/3870702
1/34790
5564.75 SQ FT
0.128 ACRES
Easting Elevation
7462.40276
7351.10726
7351. 55740
7462.84290
7462.39349
Centre Point~ Surveying
33701 9th Avenu~ South
Federal Way, WA 98003
253-661-1901
Thursday, June 03, 2004 9:02:09 AM
NEW PROJECT
CLOSURE REPORT
PROJECT: G:\2225\2225.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 3
Point Number
Bearing
Description
Distance
333
S89°29'06"W
334
SOOo30'57"E
332
N89°29'06"E
331 .
NOOo30'54"W
333
Closing latitude
Closing departure
Closing bearing
Closing distance
Calc
Calc
Calc
Calc
Calc
Total traverse length
Total error of closure
Calc po
111.29
Calc po
50.00
Calc po
111.29
Calc po
50.00
Calc po
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
Sta
0+00.00
1+11.29
1+61. 29
2+72.59
3+22.59
0.00001
0.00073
S89°29'04"W
0.00073
Northing
8237.11491
8236.11460
8186.11663
8187.11694
8237.11492
322.58 (322.59)
1/443579
1/49310718
1/443597
5564.71 SQ FT
0.128 ACRES
Easting Elevation
7462.85208
7351.56658
7352.01672
7463.30223
7462.85281
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Thursday, June 03, 2004 9:02:09 AM
NEW PROJECT
CLOSURE REPQRT
PROJECT: G:\2225\2225.pro
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name:' LOT 2
Point Number
Bearing
Description
Distance
331
S89°29'06"W
332
SOOo30'57"E
329
N89°29'06"E
328
NOOo30'54"W
331
Closing latitude
Closing departure
Closing bearing
Closing distance
Calc
Calc
Calc
Calc
Calc
Total traverse length
Total error of closure
Calc po
111.29
Calc po
50.00
Calc po
111.29
Calc po
50.00
Calc po
Error of closure in latitude
Error of closure in departure
Area
Area
,
,
,
,
Sta
0+00.00
1+11.29
1+61.29
2+72.59
3+22.59
0.00001
0.00073
S89°29'04"W
0.00073
Northing
8187.11693
8186.11662
8136.11865
8137.11896
8187.11694
322.58 (322.59)
1/443579
1/49310718
1/443597
5564.68 SQ FT
0.128 ACRES
Easting Elevation
7463.30141
7352.01590
7352.46604
7463.75155
7463.30213
Centre Pointe Surveying
33701 9th Avenue South
Federal Way, WA 98003
253-661-1901
Thursday, June 03, 2004 9:02:09 AM
NEW PROJECT PROJECT: G:\2225\2225.pro
CLOSURE REPORT
Coordinate values shown are computed based on the rounded bearing and distance,
or chord bearing and chord lengths as indicated herein.
Boundary Name: LOT 1
Point Number
Bearing
Description
Distance
328 Calc
S89°29'06"W
329 Calc
SOOo30'57"E
352 CALC
Calc po
111.29 '
Calc po
101. 83 '
LOT COR
Center Point:
Radius:
Delta:
. Arc Length:
Chord Bearing:
Chord Length:
Middle Ordinate:
External:
Deg of Curvature:
Tangent:
Curve PI:
354. CALC LOT COR
N88°06'35"E 85.72 '
322 Calc Calc po
N0003.D'54"W 124.77'
328 Calc Calc po
Closing latitude
Closing departure .
Closing bearing
Closing dist~nce
Total traverse length
Total ·error of closure
Error of closure in latitude
Error of closure in departur~
Area
Area
. Sta Northing
0+00.00 8137.11895
1+11.29 8136.11864
2+13.13 8034.29277
353 8034.51784
25.00 ,
91°22'28" Left
39.87 ,
S46°12'11"E
35.78 ,
7.54 ,
10.79 ,
229°10'59" Arc Definition
25.61 ,
2+53.00
3+38.71
4+63.48
0.00279
0.00904
S72°49'08"W
0.00946
8008.68380
8009.52926
8012.35679
8137.12175
459.39 (463.48)
1/48551
1/164364
1/50819
13892.61.SQ FT
0.319 ACRES
Easting Elevation
7463.75073
7352.46522
7353.38199
7378.38097 CALC LOT R
7353.60915
7379.20789
7464.88124
7463.75977
.' .
After Recording, Return to:
John R. Tomlinson, Jr.
1422 Bellevue Avenue
Seattle, WA 98122
DEVELOPMENT PLANNING
CITY OFRENTON
JUN 232004
R~CfE~V~[Q)
[Space above this line for Recorder's use only]
DECLARATION OF
JOINT ACCESS, UTILITIES AND MAINTENANCE
This Declaration of Joint Access, Utilities and Maintenance (the tlpeclarationtl) is being
. made on the -date hereinafter set forth, by J&M Land Development, Inc., a Washington
corporation (tlJ&MtI).
RECITALS:
WHEREAS, J&M is in the process of short platting into ten lots certain real property that
it owns. However, only Lots 7,8,9 and 10, legally described on attached Exhibit A, are affected
by this Declaration.
. .
WHEREAS, J&M is constructing a twenty (20) foot wide private driveway, _--,-__
to ( . ) feet of which will be comprised of an impervious material, e.g.,
asphalt ("Driveway"), graphically depicted, and legally described on Exhibit B attached hereto,
to provide shared access to Lots 7,8,9 and 10.
WHEREAS, J&M undertook installing, for the benefit of Lots 7, 8, 9 and 10: certain
utilities, including, but not limited to and shared storm drainage:
WHEREAS, this Declaration establishes mutual easements and maintenance obligations
regarding the shared Driveway and the improvements, including the utilities, within the
Driveway.
NOW, THEREFORE, J&M hereby declares as follows:
1. Grant of Easement. J&M hereby declares perpetual, non-exclusive mutual easements
t<;) and for the benefit of Lots 7,8,9 and 10, over, under and across the Driveway depicted
Page 1 of6
and described on the attached Exhibit B (the "Easement Area"), for the purpose of ingress
and egress, and utilities, including storm drains. The scope of the easements granted
hereunder shall include the right to install, construct, operate, maintain, remove, replace,
repair, and use a paved joint driveway and all utilities located thereon (including but not
liqlited to, power, water, drainage, sewer, and appurtenant facilities).
J. Maintenance and Repair. The owners of Lots 7,8,9 and 10 shall share equally the
costs of maintaining and repairing the following: the Driveway, and the shared
underground utilities, including the storm drainage. Any catch basin, if any, shall be
inspected and cleaned on a semi-annual basis and the costs associated therewith shall be
shared equally by Lots 7, 8, 9 and 10. All costs related to storm water runoff control shall
be borne equally by the owners of Lots 7,8,9 and 10. The Lot owners shall share equally
the cost of all real estate or other taxes applicable to the Driveway, if any. Provided,
however, the cost of any repairs to the Driveway, or to other items that are to be mutually
shared and maintained by the Lot owriers as described herein, resulting from the
negligence or intentional misconduct of any Lot owner, shall be paid by the Lot owner
causing the damage except to the extent such cost is covered by insurance. Unless
otherwise agreed in writing by the three Lot owners, all maintenance and repair decisions
shall be by unanimous written consent of the Lot owners. After receipt of such
unanimous written consent, any Lot owner incurring such maintenance and/or repair
costs, shall provide a written invoice to the other Lot owners stating each Lot owner's
pro-rata share of such costs, and the other Lot owners shall pay the invoice within thirty
. (30) days of receipt thereof. Any overdue amounts shall bear interest at the lesser of
twelve percent (12%) or the highest nonusurious rate permitted by law, and the
substantially prevailing Lot owner(s) in any action to recover those amounts shall be
entitled to their reasonable attorneys' fees and costs.
J. Separate Utilities. Each owner of Lots 7,8,9 and 10 shall be solely responsible for
the costs of installing, replacing, repairing, and maintaining those utilities now or
hereafter maintained within the Easement Area that serve such owner's property and not
the other Lot owners' property.
J. Reservation. J&M and all future owners of all or any portion of Lots 7,8,9 and 10
reserve all rights not expressly granted hereunder.
1. Indemnity and Insurance. The owners of Lots 7, 8, 9 and 10, and such owners'
successors and assigns (each an "Indemnitor"), agree to indemnify, defend, and hold the
other owners and such other owners' successors and assigns harmless, from and against
any and all claims, liens, losses, liabilities and expenses, including attorneys' fees and
court costs, incurred by or asserted against such owners or their successors and assigns, as
a result of any negligent or wrongful acts or maintenance or repair on the Easement Area
by the Indemnitor or its employees, agents, tenants, contractors, successors or assigns.
This indemnity shall run with the land and shall inure to the benefit of the owners of all or
Page 2 of6
any portion of Lots 7, 8, 9 and 10. Each owner shall at all times, at its sole cost and
expense, keep in full force and effect a policy of commercial general liability insurance
. insuring against any and all claims or liability arising out of the use or maintenance of the
Easement Area, in an amount of not less than One Million Dollars ($1,000,000) per
occurrence, covering bodily injury to persons, including death, and damage to property,
including automobile liability coverage and contractual liability endorsement covering the
indemnification covenant stated' above; and shall insure the hazards of the Easement Area
and the insured party's operations thereon, including the acts of its independent
contractors. Each party shall be named as an additional insured under the policy of the
other party, such coverage may not be discontinued or terminated except upon thirty (30)
day~ prior written notice tothe other party, and each policy shall have a deductible of not
more than $5,000.
,I. Reasonable Use. The owners and their tenants, employees, agents, contractors,
successors or assigns shall use the Easement Area in a reasonable manner consistent with
this Declaration and, to the extent reasonably possible, shall avoid disturbing the other
owner or its agents, employees~ tenants, contractors, successors or assigns.
I. . Notices. Any notices required or permitted hereunder shall be in writing and shall be
effective when delivered in person, the third day after being sent by registered or certified
United States mail, return receipt requested, postage prepaid, or the first business day
after being serit by overnight courier, addressed to the owner of Lots 7, 8, 9 and 10, as the
case may be, at the current mailing address listed in the records of the King County
'Assessor.
I. Covenants Running With the Land. The rights and restrictions contained herein shall
be deemed appurtenant covenants running with the land and shall benefit and be binding
upon the owners of Lots 7, 8, 9 and 10, and their respective heirs, successors and assigns.
I. Costs and Attorneys' Fees. Should an owner of Lot 7,8,9 and 10 initiate legal
proceedings to adjudicate any issues arising hereunder or to enforce any term, the party
who substantially prevails shall be entitled to reimbursement of their reasonable
attorneys' fees, costs, and expenses reasonably incurred in preparing to bring suit, during
suit, on appeal and in enforcing any judgment or award .. It is agreed that any action at
law or equity shall be brought in King County, Washington.
I. WaiverlModification. Any waiver of any breach shall not be considered a waiver of
any future similar breach. There shall be no modification or amendment to this
Declaration except in a writing signed by all of the owners of Lots 7, 8,9 and 10.
The foregoing Declaration and any rules and regulations adopted hereunder are in the best
interests of the Plat. Any subsequent owner of Lots 7, 8, 9 and 10 shall be bound by this
Declaration and the terms and conditions set forth herein.
Page 3 of6
DATED this __ day of June 2004.
STATE OF WASHINGTON )
.) ss:
. COUNTY OF KING )
J&M LAND DEVELOPMENT, INC.,
a Washington corporation,
By: ____________ _
Marc Rousso, President
THIS IS TO CERTIFY that on this day of June 2004, before me, the undersigned,
a Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Marc Rousso, to me known to be the President of J&M Land Development, Inc., the
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said limited liability company for the uses
and purposes therein mentioned, and on oath stated that he is authorized to execute said
instrument.
DATED: ____________ , 2004.
NOTARY PUBLIC in and for the
State of Washington
Residing at --.,.._-::---:--_______ _
My Commission Expires: ______ _
Printed Name: __________ _
Page 4 of6
EXHIBIT A
. [Legal Description of Lots 7, 8, 9 and 10]
LOT 7
LOTS
LOT 9
LOTIO
Page 5 of6
"
EXHIBITB
[Depiction of the Private Driveway]
and Legal Description
Page 6 of6
..
DEVELOPMENT PLANNING CITY OF RENTON .
.' c JUN 232004
b9J~CE~W~[Q) Thll 5", ... nacIVCd I'or Recorder'1 u~
fD1
Filed Cor RcconJ ul Request or
Sammamish Escrow. Inc.
AFTER RECORDING MAIL TO:
1b~amD_· ______ ~K~E~I~I~H~D~.~PUEAM~PuSL-____________________________ _
Address 2308 NE 24m ST
-CitY. StaiD. Zip RENTON, lolA 98056
Escrow number: 94424B
.~ 'd" Statutory Warranty Deed
U) o o THE GRANTOR· LORIE H. REEvES.WITE. AN UNHARllIED PERSON. AS HER. SEPARATE ESTATE
N II')
C . ror and In consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ~ r:n . in liilOd p:.id, convc)'5 and warrants 10 KEITH D. DEMPS AND ANNETTE B.' DEMPS, HUSBAND AND III FE
'>:
(::.
:!'\
13 ~
~. ...
Ihc following dcscrihed real c.~lulc. situated in the County of KINe • Stote or \Vallhinglon:
',',,: _ 1\. TilE EAST HALF OF TRACT 223, e.D. HILLMAN'S L-'\KE WASHINGTON GARDEN Ot-EDEN
~, ADDITION TO SEAT"rLE DIVIS Ion NO.4. ACCORDING TO THE PLAT THEREOF. RECOIW£D IN ,i #' VOLUI1E 11 OF PLATS. PAGE (S) 82. IN KING COUNTY. WI\SHINCTON. i~ ~~ ~~ ~ -~. L:::_~ SUBJECT TO: Ati. EASEMENTS. RESTRICTIONS, RESERVATIONS. CONDITIONS. COVENANTS
AND ACREENENTS OF RECORD.AS SHOWN ON "EXHIBIT AM ATTACHED HERETO.
APPROVED AND ACCEPTED BY: /C~~/~ o...:"'-"V"-_'-'-~. DL(""t"'\('~
Outed Ihis . 13 day or Kay , 1994
~M~EV~·~U. .. ·; ...... By
8'1 .............................................................................................. By
STATE OF Y..\~tlHIJ,n:.QtL_ .. _. _._. ______ } COUNTY OF KItiCL ____ .___ _____ 55
I certify Ihatl know or have satfsfact0rY evlden.:e that WEI 1'1. REE~I.1:&-
~ the person__ who appeared before me. and said penon __ acknowledged that
nh!L--signed this Instrument and acknowledged It to be ~ free and voluntary act for the uses and purposes
mOnIiOnedl~~~I.~ Dated: .... C ~~ ;l, ~~~, ... " •• , ./ i; -0 -~ ~"c:.t...' ,~~ll. (\,/7 '2/7 C\ !~l~OTNiU't~····· :Z\_ Q .... ~ 41(.,. <" C' >4,.;1< ~ ~ e ---~ IRENE C. IIAL1.EIo1 ~ <!!>. ~'" fU8L~ ~! Notary Public In and for tho Sto.lo of ..llA.StlIlliIT.Q£!N _____ _ ,,~· •• ~.-3. !S-.0; Residing at ~ ________ _ 'ft. OJ:'' WAS~~/ My appointment expires: .l.~L2.1-----------" "",,,,, ... ,,,,
E~375553 O~/eO/1994 2848.00 ~60000.00
LI'IJ.IO .. -.-.-=.~--~----~--------~ .. ' . • -' ..
I.
:-
'." .,
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. .•.
·:"4~
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EXHIB:IT "A"
_" 1. RELEI\SE OF DI\KJ\OE I\OREEIiENT J\HD 'rilE TERMS NlD CoNtl%TIONS TRE:tUi:O'F.
BETWEEN:
!\NOr
RECOIlDED:
RECOIlD INC tlUHnEn I
OWNEns
KIno COUNTY
FEURUARY 4, 1959
4!l9:1DD1
nELEAS%NC K%NC COUNTY FROM ALL FUTURE CLAIMS FOn DAMI\OE:S RESULTINC FROM.
"NY DI\MACE TIIAT Kl\Y DE CAUSED DY TilE tll\TURAL FLOW OF SImFI\CE WI\TER FROM
Tfln PLJI.'!' OF ".E. CA'l"l'EN MOITION.
I, .-
-.
-
l~_~ •• • J
:.:.
t,S?iiftll&U'!OK. IiIIIlSIJtl!ftI c:4rm a .. SIlCIiD 1'IIm, and .
. -_ .... iIIiRiis~'i-~ pu-t~:.';';':.,.. es·!!AS ~_ tMtthey Uet.h.~.(-.nt,
~) rat toW ~p.""'L"",~ ~ ... loUtwI'·· ...:.
'. " ~ .. ' .... :-......... ,1 P ,. "," ~1;10."'"
: ...... .
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.. '
. . . ~
. d,
1959
.;1. ...
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..
/
WIlEN lIECORDEO RETUIIN TO;
ornevoflhHllyd.rk . /"
Ronlol\ Muntdpal DuJldlng "
o
•
CITY OF RENTON
SANITARY SEWEn IiXTENSION AGREEMENT
REGSIVED
AUG 1 9 199'
OATH _~J!!.:u ~~;.;.;:.;e=--;t'" 200 !\lUI Av.nu.Sout!>
1lI:l\lun. WA 9111155
'1' ~ N ....
0')
~ Cl)
0 ~ en
I, We KEITH DEHPS owner(s) of
Address 2'iQa HE 24TII 511 RENTON WA 98056
KIng County Tax Account /(J34 )90-0860-0 legaUy dcscrlbed lIS foUows:
TIlE ~:"ST HALF' OF' TRACT 223, C.D. HIWIAH"S LAKE WASIIINGTON CARDEN OF' EDEN
IIDIH'I'lON 'fO SElI'liLE DIVISION NO.4, ACCORDING TO 'filE PLAT TIIEREOF', RECORDED IN
VOLUJ-IE 11 OF PLATS, PAGES(S) 82, IN KING COUNTY, WASJlINGTON.
(or and In consldcrntion of tllc Renton Sanitary Scwer Dep:lCtment granllng a pennIt to
connect to a sanitary sc:wcr~ln tkf M<b :sr for the above property.
HNJ~
"TIle owner(s) of the abovc.<JcscrJbed property, Ihclr sueccssors, heIrs and IISSlgns, hereby
agree and covenant:
1.
2.
3.
AUG
To participate In, sign a pelltlon In support of, and accept IIny Loca.l Improvement
District (UD),
To partIcipate In or sign a pelltlon In support of any other Clty·InIUated proposal, other
th:1n.~ !JD, lind pay theIr faIr share thereof,
Otherwise financllllly or physlc:\lIy partIcIpate In any propos:al, Clty·InlUated or
otherwise,
for the purpose of extension of the sanitary sewer main In W zA.--(h Sr
When required by the Renton SubdMslon OrdInance or :15 directed by the Admlnlstr.ltor
of Publle Works. ,Despite the I:lnguage In City Code Sectlon8-5-2(d) the undersigned
will connect to a s:lrillltiy scwer, even If such sewer Is InstA1led by a deve!opcr(or the
purpose of meeting platting reqUirements and the undersigned Is not nn owner wIthin
the confines of said plat.' .
i REOF I (WI!) have hereunto set my/our h:lnd(s) nnd sc:aI the day and year
11994 e . 7~AL ___ 0:01,.
KING COUNTY
HECOROER '
_______________ ·_(Se:ll)
STATE OF WASHINGTON )
) SS,
COUNlY OF KING )
I, ANNE'ITE DEI-IPS , II Notary Public In and (or the State of Washington,
residing at 2302 NE 12TII , do hereby certify that on thls..1L day of JULY , 19 9",
personaUy appeared before me KEI'm DEJlIPS • to me known to be the
Indlvldual(s) described herein and who executed the within Instrument and acknowledged
that ' signed and scaled the same lIS free and voluntary act and
deed for uses lind purposes thereIn mentioned,
WITNESS my hand and official seal the day nnd year In this certUlc:\te first above
written, ...tt.. /
T"'i'tf -00 $'0' O-~~ '--::::; ~PL-l
'-I°V~tlfiJ5,;.tJ,4-'1J'f Notllry Public In and for the State of
Washington, resIding at 2302 NE 12TH
:: Y.-."" 0' ....
:r.:
~ :2
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'" "
.-,-"-:'--~-.. --
RETURN ADDRESS:
BOEING EMPLOYEES' CREDIT>
UNION
P.O. BOX 97050 Seattle, WA 98124-9750
PACIFIC NW TIT DT 23 .••
1888121111800408
PAGE .M=~ ee. 12/.11 aa .a:~. KING C , . UA
. FILED BY PNWT. DEED OF TRUST 'S' /~ -z.7
W 'Lo'-{o-b Aaalgnment of Renta and Security Agreement
Reference # (If applicable): 310535660613YSI Additional on page __
Grantor(s): . >'
1. Demps, Annette B
2. Demps, Keith D
. Grantee(s)JAsslgneelBeneflclary:
BOEING EMPLOYEES' CREDIT UNION, Beneficiary
Pacific NW Title Company, Trustee .
Legal Descrjptlon: A PTN OF TRACT 223 ..... C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADD Tv SEATTLE DIY NO.4, Y 11, PG 82, IN KING COUNTY. . .
Assessor's Tax Parcel 10#: 334390·0860 PO
Additional on page 2
THIS DEED OF TRUST IS DATED NOVEMBER 23, 1999, among Annette B Demps.and Keith 0
Demps, husband and wife, whose maDlng addre •• I. 2308 NE 24th Street, Renton, WA
98056 (referred to below a. "Grantor~)i BOEING EMPLOYEES' CREDIT UNION, whose meillng
addre •• 'Ia P.O.' BOX 97050, Seattle,. WA 9812~97&0 (referred to below sometimes aa
. "Lender"and aometlme8.... "Berieiflcl1iirv'~'); ."dPiiclfte NW 'l'ItIe COmpa~. whOse ",ailing
address I. 1201 Third ,Avenue, Suite 3800, Seattle, WA 98101 (referred to below e.
"TruStee").
00
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CT'l r:;:r.
~
11-23-1999
Loan No 535 66 0613
DEED OF TRUST
(Continued)
Page 2
CONVEYANCE AND GRANT. For veluable con8Idendlon, Orantor convey. to Tru.t_ In trust with power of eale. rtghl
of entry ond poaaeaelon and tar the beneftl Of Lender .. ae-IIcIary, al/ of Granlor's rlghl. IIUe. and Inleresl In and 10 the
following described real property. logether wllh aU eXISting or aubsequently erected or afftxed buildings. Improvements and fixtures: all easements. rights of way. and appurtenances: all waler. water rights and ditch rights (Including slock In utlllllea·
Wllh ditch or Imgal10n rights); and all olher rights. royailies. and profits relating 10 lhe real pr~e!1Y. Including wllhoul IImllabon
all minerals. 011. gas. geolhermal and similar matters. located In King County, State of Washington (the
"Real. Property"):
THE EAST HALF OF TRACT 223, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF
EDEN ADDmON TO SEAT11.E, DIVISION NO.4, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 11 OF PLATS, PAGE(S) 82, IN KING COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
SUB.JECT TO EASEMENTS, COVENANTS, CONDmONS, RESTRICTIONS AND
PROVISIONS OF RECORD, IF ANY.
The Real Property Dr Ita addresa Is commonly known a8 2308 NE 24th Street, Renton, WA
98056. Tha R_I Property tax ldenhflcatlon number IS 334390 0860 00 •
Granlor hereby assigns es Securily 10 Lander. all of Granlor's righl. tltla. and Interest In and 10 aU leases. Rents. and profits of Ihe Property. This IUIslgnment Is recorded In accordance wllh RCW 65.08.070; the ben created by this aaslgnmenlla Intended
to be specofio. perlec:led and choate upon Ihe reoordlng 01 Ihls Deed 01 Trusl. Lender grants 10 Granlor a license to collecl
lhe Rents and prOfits, wlllch license may be revoked at Lender's option and shall be aulomatlcally reVOked upon acceleration 01 all or part of Ihe Indebledness.
2. DEFINITIONS. The follOWing words shall have the lollowlng meanings when used In this Deed 01 Trust. Twms not otherwise defined In thiS Deed of Trust shall have the meanings attributed. to such terms In the Uniform Commercial Code. All
relerences 10 dollar amounts shall mean amounts on lawful money 01 the United Stales 01 AmerIca.
Beneftclary, The word ~eneftClary" means BOEING EMPLOYEES' CREDIT UNION. Its successors and assigns.
BOEING EMPLOYEES' CREDIT UNION also Is ralarTad to es "Lender"' In Ihls Deed 01 Trust.
Credit Agr_ment. The word. ·Credlt A~ent" m_ the revolving credit alll'eement dated: November H. ,_, with a credit IImll In the smount of $100,000.00. between Grantor and L.ender, logelher with all
renewals. extensions. modlflcatlons. refinancings, and subslllutions for the Credit Agreement. NOTICE TO GRANTOR:
THE CREDIT AGREEMENT CONTAtNS A VARIABLE INTEREST RATE,
Deed o. Tru.l. The words ."Deed o. Trus ... mean thIS Deed of Trust among Grantor. Lender, and Truslee. and Includes
·wlthout IImllal/on aU assignment and security Inleresl provisIons relating to Ihe Personal Property and Renls.
Exlatl"g Indebted....... The words "E>cIstlng Indebtedness" mean the Indebledness described below In the Exlsllng
Indebtedness secaon 01 Ihls Deed of Trust.
Gronlar. The word "Grenlor" means any and all persons and entlhes executing this Deed a. Trust. Including _hout hmllabon AnneHe .B,Damps .and Kaltt} D.Demps.
Guarantor. The word "Guarantor" means and Includes Without lIm1tabon any and all guarantors, sureties, and accommodallon parties In connecllon WIth. the Indebtedness.
Improvement.. The word "Improvements" means and Includes wlthoul IImllatlon all exlsllng and future Improvements. bUildings. structures. mobile' homes affixed on lhe Real Property. fac1UIIes. addillons. replacamenls and olher
conslruc1Jon on the Real Property.
Indebledn_. The ·word "Indebtedness" means all principal and Inlerest payable under Ihe Credit Agreemenl and any
amounts 'expended or advanced by Lender to discharge obligations 01 Grantor or expenses Incurred by Trustee or
L.ender to anlorca obligations 01 Grantor under this Deed 01 Trust. together with Interest on such amounts as provided In
tills Deed 01 Trusl. Speclftcally, without IImltallon, thlll Deed of Truat .-urea a revOlvtng line Of CAIdIt, wIth a
vartable ral. Of Inter .... which obllgat •• Lender to make adv_ '0 Gnlntor up '0 the credit limit _ lOng ..
GronlOf' compile. with ell th. 'anna of the Credit' Agr_ent IWMI the I/ne 0' credit haa nol been termlnalecl, suspended or cancelled. Such adVance. may be made, repaid, end remade trom time to Ume, subject to the
limitation that the total outatandlng balance owing at any one lime, not including ft~ charge. on such balance
at a fIXed or vartable nde or sum .. provided In the Creellt AlII'eement, any 'emporory overa ..... other charge .. and any _",a exPended ar edv..-cl .. provided In thl. paralll'aph, .... iIIl nOt exceed 'he Creellt Umlt .. provided In the Credit Agreement. It la the Intenllon of Grontor end Lender that this Deed 01 Tru" aecu,..·the balance outalandlng Under tha CredIt Agreement .. om tIme to lime from zero up to the Creel" Umlt as provided
above and any Intermediate balance. Funda may be .advanced by Lender, repaid, end aubaequenlly readv..-cl. The unpaid balance Of the revOlvIng line of credit may at certain tlmea be lower than ,he amount shown or _roo A zero beJance d_a no' 'ermlnate ,he line of creelit ot' terminate LandoW'. obligation 10 adv_ce tund. to o..n'CH'. Theretare. the lien 01 Ihla Deed of Trua' will remain In tull tarce and e"-t notwlths'andlng any zero balanCe.
Lender. The word "Lender" means BOEING EMPl..OYEES' CREDIT UNION. lis sucCassOfS end aasogns.
Personal Property. The words "Personal Propeoty" mean an equipment, fIxt~, and other articles of personal property now or hereafter owned by Grantor. end now or her_Her attached or affIXed to lhe Real Propao1y; together WIth a/l
accesSions, parts, and addlhons la, ell replacements of, and ell subslllubons lor. any 01 such property; and logether wllh
all Issues and profits thereon and proceeds (Including Without limitation all Insurance proceeds and refunds 01 premiums)
from any sale or other dispOSItion 01 the Properly.
Propeny, The word "Property" means collectively the Real Property and the Personal Properly.
Reel Property. The words "Real Property" mean lhe property. Interesls and nghts described above In the "Conveyance
and Gren ... secllon.
Related Documenta. The words "Relaled Documents-mean and Inolude wllhout limitation all promlSAory notes, credit agreements, loan agreemenls. enVironmental agreements. guaranbes. secunty agreements. mor1gages. deeds 01 trusl, and all other Instruments, agreements and documents, whelher now or hereafter exlsllng. executed In connecbon with
Ihe Indebledness.
Rent.. The word "Rents" means all prasent and lutura rants, revenues. Income. lasuaa. royalhes. proftts, and olher
beneftts derived from the Property.
Trust_. The word "Trustee" means Paclflo NW lllle Company and any subsllluta or successor trustees.
......
11-23"";1999
Loan No 535 66 0613
DEED OF TRUST
(ContInued),
Page 3
THIS DEED OF TRUST, INCLuDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (1, PAYMENT OF THE INDEBTEDNESS AND (2' PERFORMANCE
OF EACH AGREEMENT AND OBLIGATION OF GRANTOR UNDER THE CREDIT AGREEMENT, THE RELATED
DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
3. PAVMENT AND PERFORMANCE. Except as otherwlaa prOvided In this Dead ot Trust, Grantor ahall pay to Lender all
amounta aecured by Ihls Deed of Trust as they become due. and shall alrictly and In a timely manner perform all 01 Grantor's obhga',ona under ,he Credit Agreemenl, this Deed 01 Trust, and tha Related Documents. ,
4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Granlor agrees lhat Granier's possession and use 01 'he
Properly ahall be governed by the following provlalons:
Poeaeaelon and UN. Until the occurrence 01 an Event of Default, Granlor may (a) ramaln In pos_slon end conlrol 01 Ihe Properly, (b) use, operate or manage the Property. and (c) collect any Renta from lhe Property (thiS prlvll~a IS a
Ucenae from Lender to Granlor automatically revokad upon default). The following provisions relate to the usa of tha
Properly or 10 olher limitations on the Property, The Real Properly Is nol used principally .or agnculture or 'armlng
purposes.
DUty 10 MaIntaIn. Granlor shall maintain Ihe Properly In tenantable condlhon and promptly perform all repelrs, replacementa. and maintenance necessary to p_ Its value. .
Hazardoue Subetance.. Tha lerms "haurdoua waste,-"haZardous substance," "dlaposal," "release," and "threatened
release.-as used In this Deed of Trusl, shall have Ihe same meanlnga as sel forth In Iha Comprehensive Envlronmantal
Response, Compensallon. and UabUlty Act of 1980. as amended. 42 U.S.C. SectIon 9601. at seq. ("CERCLA"), tha Superlund Amendmenta and Reeuthonzatlon Act of 1986, Pub. L. No. 99-499 ("SARA"). the Hazardous .... atenals Transportation Act, 49 U.S.C. SectIon 1801, al seq.; lhe Resource Conservehon and Recovery Act, 42 U.S.C. Secllon
690t, el seq., or other applicable stale or Federal laws, rules, CM' regUlallons adopted pursuanl to any of the 'oregOlng.
The lerms "haZardous waste" and "hazardous substance" shall atao Include, wllhout Umltatlon, petroleum and pelroleum by-producta or any fracflon thereof and asbeslos. Grenlor represents and warranta 10 L.ender Ihat: (a) Dunng the period of Granlor's ownership of the Properly, lhere has been no use, generallon, manufacture, storage, Irealment,
diSposal, release or t~taned rei_Of any hazardous waste or substance by any person on, under, abouf or from Ihe
Property; (b) Granlor has no knowlectge of, or reason 10 believe thai thera has been, except as previously disclosed 10
and acknowledged by Lender In wriUng. (I) any use, generahon, manufacture, s'orage, treatmenl, dlspoeal, release, or
threatened release of any hazardous wasle or subatance on, under, aboul or from Ihe Properly by eny prior owners or occupants 01 the Properly or (II) any actuel or Ihrealened lIagaUon or claims of any kind by any person relahng 10 such
matters; and (c) Except as previOusly disclosed to and acknowledged by Lander In wriUng, (I) nellher Grantor nor any
lena nt, contractor, agent or other authorized user'ol the Properly shell use, generate, manufacture, store, treal, dispose ol,.or release any hazardous waste or substance on, under, about or from the Properly and 01) any such achvlty shall be
conducted In compliance wllh all applICable federal, stale, and local laws, ~ulatlons and ordlnancea, Including w~lhout
IImltalion Ihose laws, r~ulallons, and ordinances deaonbacl above. Granlor aulhortzas L.ender and Ita agenta to enter upon Ihe Properly to make such Inspections and teSta, at Granier's _pense, as Lender may deem appropriale 10 dalermlne compliance of the Properly wllh this section of the D_d 0' Trusl. Any InspectiOns or tests made by Lender shall be 'or Lender's purposes only and shall not be ccnstrued to create any responsibility or .... blllty on the part 01 Lender to Granlor or 10 any other person. The representaUons and ,warranhes contained herein are basad on Grantor's due diligence In Inveshgatlng the Properly for t\azardoua waste' and hazardous aUbstiances. Grantor hereby (a) releases
and waives anY. fufurectalms, .aga!!l5I, ' L.erJder .. for .lode/!'lnlJY,. o~ .. con!r:lbUl!on. ,In .. the 'event GranJQf. b~o.~. !I.!lble for cleanup 'or othor coilts under any.sucti laWS. ancC(b) agrees to IndamnltY and hold harmlisa Lender agaliisl any and all
. claims, losses, lIabUltles, damages, penaillas, and expenses which Lander may directly or Indlreclly sustain or suffer rasulllng from a breaeh 01 Ihls section Of the Oeed of Trust or as a conaequence 0' any use, generahon. manufacture, . slorage. disposal, release or Ihreatened rel_ oocurrfng prior to Granter'a ownership CM' Inl_t In the Property, whelher or nol the same was or should have been known to Grantor. The proviSIons of this seehon of Ihe O_d 0' Trusl,
IncludIng the obligation 10 Indemnify, shall survive the payment Of the Indebtedness and the satlsfachon and
reconveyance of Ihe lien 0' Ihls Deed of Trusl and shall nOI be affecled by Lender's acqulslhon 01 any Interesl In Ihe
Properly, whelher by 'oreclosure or olherwlse.
NuIsance, Waate. Granlor shall nol cause, conducl or permit any nuisance nor commit, parmll, or suffer any slrlPPing of or waate on or 10 the Property or any portion of tha Property. Wlthouf limiting the generality 01 lhe foregoing, Granlor Will
not remove, or grant to any olher parly the right to remove, any flmber, minerals (Including 011 and gas), soli, gravel or
rock producls wlthoultha prior written conaent of Lender.
Removal 01 Improvement.. Granlor shall nol demolish or remove any Improvements from the Real Property wllhout
the proor written consent of Lender. As a condition to the removal 0' any Improvementa, Lender may require Granlor 10
make arrangements salls'actory 10 Lender 10 replace such Improvementa With Improvementa of alleasl equal value.
i..ender'_ RIght to Enter. Lender end lis agents and representatlvea may enter upon the Real Properly at all reaaonable limes 10 attend 10 Lender's Inleresls and 10 Inspecl the Property tor purposes 0' Granier's compliance wllh Ihe terms and
condillons of thiS Deed of Trusl.
Compliance wllh QovemmenleJ Requtrements. Grantor shall promptly eomply, and shall promptly cause compliance by all agenta. tenants or other persons or entlh .... of e~ry nature whatsoe\l8f' who rant, lease or otharwlSe use or occupy the Property In any manner, with all laws, ordinances, and ~utatlons, now or hereafter In effect, 01 all governmenlal
aulhonlles applICable to Ihe use or occupancy 0' Ihe Properly. Granlor may contest In good tallh any such law,
ordinance, or r~ulabon and withhold compliance dunng any proCeeding, Including appropnate appeals, so long aa Granlor haa notilled Lender In writing prtor 10 doing so and so long as, In Lendar's sole opinion, Lender's Interesls In Iha Properly are nol Jaopardl_d. Lender msy require . Granlor to post adequate seeurlty or a surely bond, reasonably
satisfactory 10 Lender, to protect Lender's Inlerest.
Duty to Protect. Granlor agrees nerther to abandon nor leave unattended the Properly. Grantor shall do all other acls, 10 addition 10 those acts set forth above In Ihla section, which from the charaoter and use of the Property are reasonably
necessery 10 protect and pr_ the Properly.
5. DUE ON SALE -CONSENT BV LENDER. Lender may, al Its option, (a) declare Immediately due and payabla ell sums
secured by this Deed of Trusl or (b) Incraaae Ihe Interest rate provided 'or In the Credll Agreemant or other document
e\l1denelng Ihe Indebtednesa and Impose such ott-conditions as Lender deema appropnate, upon the sale or tranaler,
WIthout Ihe Lender's prior wriHen consent. of all or any part of the Real Properly, or any Inleresl In the Real Proparty. A "sale or transfer" means the conveyance of Real Properly or any right, title or Interesl therein; whelher legal, beneficial or equitable;
whath'er voluntary or Involuntary; whelher by outrtght sale, deed, Inatatlmenl sale contract, tand contract, contract lor deed, . leasehold Interest With a lerm·greater than t"'-(3) years, lease-optlon contract, or by aaIe, allSlgnmenl, or Iranaler of any
beneflclel Inlerest In or to any land trust holding title to lhe Real Properly, or by any other melhod 01 conveyance of Real
Properly ,"Ierest. However, this option shall not be _erclaed by Lender If such exercise IS prohibited by lederal law or by
Washlnglon law.
8. TAXES AND LIENS. The followIng provisions relallng 10 Ihe laxes and Hens on the Properly are a part 01 thIS D_d of
11-23-1999 DEED OF TRUST
(Continued)
Page 4 Loan No 635 .66 0613
Trust.
,Payment. Grantor shall pay when due ·(and In all events prior to dellnquenoy) all taxes. special taxes, assessments,
charges (Including water and sewer), lines and Imposlilons levied against or on account of the Properly, and shall pay
when due aU claIms for work done on or for servtcas rendered or matanal lurnlshed to the Property. Grantor shall
maintain the Properly free of all liens havtng priority over or equal to the tn_. of Lender under this Deed 01 Trust.
except lor the Ioen of ta>i8s and _ments not due, except for the existIng Indebtedness referred to balow, and except
as otherwise proVIded In this Dead of Trust.
Right To Conleat. Grantor may WIthhold payment of any lax. assessment. or claIm In connocllon with a good faIth
dlsp ute over the obligation to pay, so long as Lender's Interost In the, Property Is not jeopardized. If a lien arises' or IS
filed as a resull of nonpayment. Grantor shall WIthin lIfteen (15) days aner the lien arises or, If a "en Is'liled. withIn fifteen (16) days after Grantor has notJoo of the IIUng. secure the discharge 01 the IlGn. or II requested by Lender. deposIt with
Lender cash Of' a sufficient corpOf'ate surety bond Of' ~ security satlstactOf'Y to Lender In an amount sUtllctent to
dIscharge the lien plus any costs end attorneys' faes,or other chargeS that could accrue as a result of a foreclosure or
sale under the lien. In any contest. Grantor shelt defand Ilsalf end Lender and shall satisfy any edverse Judgment before enlorcement against the Properly. Grantor shall name Lender as an addlilonal obligee under any surety bond furnished , on the contesl proceedings.
EVIdence of Payment. Grantor shall upon demand furnish 10 Lender salisfactOf'Y evtdence of payment of the taxes or
assessments and shall authorIZe the appropnate governmental oll\clel to deliver to Lender et any lime a written statemenl
of the taxes and a .......... ments against the Property.
Notice 0' Conelnlcllon. Grantor shaD nollfy Lender at least IIneen (15) days before eny work IS commenced. any sennces are furnIshed. or any materials are supplied to the Property, II any mechanlC's toen, materialman's lien. or other hen, could be asserted on account of the work, sarvtoas, or materials. Grantor wDI upon requesl of Lender furnish to Lender advance assurances sabsfactory to Lender that Grantor can and Will pay the cost 01 such Improvements.
7. PROPERTY DAMAGE INSURANCE. The follOWing provtslons rataHng to Insuring the Property are a part 01 this Deed of Trust., '
Maintenance of Inaurance. Grantor shall procure and maintain policies of lire Insurance WIth standard extended coverage endo ...... ments on a replacement basis for the full Insurable value covering all Improvements on the Real Property In an amounl sufflclant to allold appllcaUon of any oolnsurance clause, and with a standard mortgagee clause In
favor of Lender, together with such othM haZard and liability Insurance as Lender may .-aonably require. POlicies shall
be written In form, amounts, coverages and basis reasonably acceptable to Lender and tssued by a company or
companies reasonably acceptable to Lender. Grantor. upon req..-t 01 Lender, wdl deliver to Lender from lime to lime the pollCl8S or oertIlIca!as of Insurance In form sallsfactory to Lender, Including stlpulabons Ihat coverages WIll not be
cancelled or dlrnlrushed without al teasl,ten (10) days' prior wrftton notice 10 Lender. Each Insurance policy also shall
Include an endorsement provtdlng thai eOllerage In lallor 01 Lender Win not be Impaored In any way by any act, omissIon
or default of Grantor Of' any other person. Should the Real Properly at any Hme become localed In an area designated
by the Olrector 01 the Federal Emergency Management AgIGnoy as a Spoclal flood haZard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid pnnelpaJ balance of the loan, up 10 the malUmum policy Ilmiis
,set under the Nallonal Aood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance lor
lhe term of the loan.
Application of Proceed •• Grantor shall promptly notlly Lender of any loss or damage to IheProperty. Lender may make·proofol'loss',If'Grantor'fIIIls .. to'do 'ISO wtthlri:'lIfteen'(16)·days'of'the,casUalty. ,Whether.'Of"not L.:ender'ssecunty'ls ImpslnJd, Lender may, al Its election, rOO8lve and retain the proceeda of any Insurance and apply the proceeds to the
reducUon of the Indebtedness, payment of any lien affocting the Property, or the r.lcrabon and repair of the Property. If
Lender elects to apply the proceeds to restorallon and repair, Granlor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Utnder. Lender shall. upon sallsfaotOf'Y proof of such expenditure. payor reimburse Grantor from lhe proceeds for Ihe reasonable cost of repair or rostoratlon If Grantor Is not In default under thIS
Oeed 01 Trullt. Any proceeds which have not been disbursed within 180 days aner their recelpl and, which Lender haS
not commItted 10 the repair or rostorabon 01 the Property shall be used llrat to pay any amount owing 10 Lender under
IhlS Deed of Trust, then 10 pay accrued Interest, and the remainder, If any, shall be applied to the principal balance 01 the
Indebtedness. II Lender holds any proceeds after paymenl In lull Of the Indebtedness, SUCh proceeds shall 'be paId
WIthout Interest to Granlor as Grantor's Interests may appear.
Unexpired Inaura.--at Sale. Any unexpired Insurance Ilha1l'lnura to the benefit of, and paas to, the purchaser of the
Property covered by this Oeed of Trust at any trustee's sale Of' other sale hald under the provtslons of this Oeed of Trusl, or at any foreclosure sale 01 such Property.
Compll8l1Ce with EXlatlng Indebtedness. During the period In which any existIng Indebtedness descnbed below III In
effecl, compliance with the Insurance provtslons contained In the Instrument evtdenclng such ExIsting Indebtedness shan constitute compliance with the Inlluranee provtsioros under this Dead of Trust, to the extent compliance with the terms 01 this Dead of Trust would conahtute a dupllc8t1on of lnilurance requlremenl. If any prooaads fl'om the Insurance become payable on loss, the provtslons In this Deed 01 Trust tor dM"lon of proceeds shall apply only to that portion 01 the
proceeds not payable to the holder of the ExIsting Indebtedness.
II. EXPENDITURES BY LENDER. If GranlOf' lalls to comply with any provision of this Deed 01 Trusl, Including IIny obligatIon
10 maintain ExIsting Indebtad'-II In good standing as required balow, or II any aellon or proceeding III commenced thai would materially affect Lender's Interests In the Property, Lender on Grantor's behalf may, but shaD not be required to, take
any action that Lender deerros appropnate. Any amount that Lender expends In so doing Win bear Intarast at the rate
provtded lor In Ihe Cred" Agreement fl'om the data Incurreci or paid by Lender fo the date of repayment by Grsntor. All suoh
expen ....... at Lend ..... opHon, win (a) be payable on demand, (b) be added to the balance of the credit Une and be apporlloned among and be payable wllh any Installment payments to become due during eHher (I) the term of any applicable Insurance pOliCY or (d) the remaining lerm of the Credit Agreement, or (c) be treated as a balloon payment which wiD be due
and payable at the Credit Agreement's maturity. This Deed Of Trust also Will secure payment of th_ amounts. The rights
provtded for In fhls paragraph shall be In addition to any other rights or any remedl .... to which Lender may be entillad on
account Of the default. Any such action by Lender shall not be oonstrued as curing the default so as to bar Lender from any
remedy that H otherwise would have had.
9. WARRANTY; DEFENSE OF TI'n.E. The lollowlng provtslons ralallng to ownership 01 the Property are a part 01 thIS Dead alTiust.
Title. Grantor WArrants that: (a) Grentor holds good and marketable IIlIe 01 record to the Property In _ sImple. free and
clear of all liens and encumbrances other than those sel forth In the Real Property deacrlptlon or In the ExlsHng
Indebtedness section below or In any IItIe Insurance policy, !ltle report, or llnal Hila OPInion Issued In favor of, and accepted by, Lender In connecHon with this Dead of Trust, and (b) GrantOf' has lhe full righi, power, and authority to
execute and deliver this Oeed of Trust to Lender.
Defense 01 Title. Subject to the excepUon In fhe paragraph above, Grantor wal'T1lnts and will forever defend the Utie to the Property agwnsttha lawlul claoms of all persons. In lhe avent any action or proceeding hi commenced thaI queshons Grantor's Hila Of' the Inwrest 01 Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's
,expense. Grantor may be the nomInal party In such proceeding, but Lender shall be enDlled to partiCIpate In the
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Page 6
proceeding and to be represenled In the proceeding by oounsel of Lender's own choice, and Grantor wIll deliver, or
cause to be delivered, to Lender such Instruments as Lender may req.-t ,,"om time to time to perm" such par1lolpahon.
Compl ... ce With Laws. Grantor warrants thai lhe Property and Granlor's use of the Property compiles with all axoshng appUcable laws, ordinances, and regulations of gO\lGmmental authorilles.
Survival 0' Repre_nlallon and Wsrranlle.. All representallons and warranties contaIned In this Deed 01 Trust shall survive Its execution and delivery.
'0. EXISTINO INDEBTeDNeSS. Tho following provisions concerning exlstlng Indebtedness (the "ExIstIng Indebtedness")
are a part 01 this Deed of Trust.
exlsllng Lien. The lien of Ihls Deed of Trust securing the Indebtedness may be secondary and Infenor to an eXIstIng
hen. Grantor exp~sly covenants and ag~ to pay, or 1188 to the payment of, the EXIsting Indebtadness and to prevent
any detault on such Indebtedness, any ctetsult undar the Instruments evidencing such Indebtedness, or any dolault under any securtty documants for such Indebtedness.
No ,Mocllncellon. Grantor shall nol enler Inlo any agreement wllh Ihe holder of any mortgage. deed 01 trust, or other
security agreement which has prtonty over this Deed 01 Trust by which that agreement IS modified, amended, extended, or renewed without ,the prior wntten consent of Lender. Grantor Shall nelt'-request nor accept any future advances
under any such securtty agreement without the prtor written consent of Lender.
". CONDeMNATION. The following provlalons relah'ng to condemnaUon proceedlnga are a part of this Deed 01 Trust,
Aealgnmenl 0' Proceed.. Grantor hareby assigns to Benellclary all rtght, Utle and ,Interest of Grantor In any award,
setUement, sale or purchase. claim for damages (dIrect, Incidental or consequenhal) or any other proceeds due In
connection with any condemnation or other taking of all or part 01 the Property or for conveyance ", lieu 01
condemnation, all whether now or herealter ,axtslong (herelnalter referred to as "CondemnaUon").
Application or Net Proceeds. Upon any Condemnahon, Lender may at Its eleCIoon reqUIre that all or any por1lon 01 the
net proceeds of tha Condemnation be applied to tho Indebtedness or the repair or restoraUon Of the Property. The net
proceeds of Ihe Condemnallon shall mean theamounl alter payment or all reasonable costs. expenses, and aHorneys'
tees Incurred by Trustee or Lender In connection with the Condemnation.
Proceeding.. If any proceedIng In condemnahon Is filed. Granlor Shall promptly nohly Lender In writing, end Granlor shalt promptly take such steps as may be necessary to defend the acUon and obtain the award. Grantor may be tho nominal party In such proceeding, but Lander shall be enUtled to participate In the proceeding and to be represenled In
the proceeding by counsel of lis own choice ali at Grantor's Q)Cp8nse, and Grantor will deliver or cause to be dellvsred to
Lender such Instruments as may be requested by It from lime to time to permit such par1lcopaloon.
12. IMPOStTtON OF TAXeS, FEes ANO CHARGes BY OOVERNME!NTAL AUTHORITIES. The tollowlng prOVISIons
relalong to governmental taxes. fees and charges are a part of this Deed of Trust:
Current TaxN, F_s and charges. Upon request by Lender, Grantor shall execute auch documents In addItion to Ihls
Deed of Trust and take Whatever other action Is requested by Lender to perIecI and contInue Lender's lien on the Real
Property. Grantor Shall reimburse Lender for all taxes, as clescnbed below, together with ali expenses Incurred In
recordIng. perfecting or continuing this Deed of Trust, Including without hmltatlon all taxes, fees, documentary stamps,
and olher Charges lor recording or reglstertng this Deed, of Trust.
Taxe.. The lollowlng Shall constitute taxes to which this section applies: (a) a specrflc,tax upon thIS type of Deed of
Trust or upon all Of' any part Of the Indebtedness secured by Ihls Deed of Trusl; (b) a specific tax on Grantor whICh
Grantor ,Is authortzed ,C!r,requ'red .. lo dedl.!ct frl:)m.paYI1!"nl!l,onJ~."II1~~tac1r!Of1S,~urer;!. by,t.l)tsJype oLDtM.c:I 01 Trust: (c) a' tax on thIS type' of 'Deed of 'Trust Ch8rQeab1lli agalnsfthe Lender or'tlie holder of the credll Agreement: and (d) a
SpeclftC tax on all or any portion of the Indebtedness or on payments of principal and Intereat made by Grantor.
Sub_uen' Taxe.. If any tax to whtCh this section applies Is enacted subsequent to Ihe date of this D .... d 01 Trust. Ihls
evenl shall have the same efloct as an Event Of Oefault (as deflned balow), and Lender may exerCIse any or all of ItS
available remedies lor an Event 01 Default as provtded below unloss Grantor either (a) pays the tax before It becomes delinquent, or (b) contests the tax as provldad above In Ihe Taxes and Wans seeloon and depOSIts with Lender cash or a sufficient corporate surety bond or other secunty satlstactorv to Lender.
13. SECURITY AGReeMENT; FINANCING STATEMeNTS. The following proVIsions relatIng to thIS D .... d 01 Trust as a
securtty agreement are a part of this Deed 01 Truat.
security Agr_ment. This Instrument shall constitute a 6ecUrity agreement to the extent any 01 the Property conslltules fixtures or olher personal property. and Lendor shall have all 01 the rtghts of a secured party under tho Unllorm
CommerCIal Coda as amended from hme to lime.
securtty tntereat. Upon request by Lender, Grantor shall execute financing stataments and take Whatever other acllon
IS requesled by Lender to perteet and contInue Lender's security Intarost In the Rents and Personal Property. In addlbon to recordong this Deed of Trust In the real property recOf'ds. Lender may. at any Ume and without further authonzallon
from Grantor, file executed counlerparts, copies or raproducUons 01 this Deed of Trust as a financing statement. Grantor
shall reImburse Lender for all expenses Incurred In perfectIng or continuing this secunty Interest. Upon default. Grantor
shall assemble the PerSonal Property In a manner and at a place reasonably convenient to Grantor and Lender and
make II avaIlable to' Lender within three (3) days atter receipt of written demand from l.ender.
Addresaes. The mailing ,add~ses of Granlor (debtor) and Lender (secured party), from whIch Informallon, concerning
the seCurity Inlerest granled by thIS Deed of Trust may be obtained (each as reqUired by the Unolorm Commercial Code),
are as statad on the IIrst page 01 this Deed 01 Trust.
'4. FURTHER ASSURANCES; ATTORNEY-IN-f'ACT. The following provtslons relellng 10 further assurances and
allorney-tn-fact are a part of this Deed of Trust.
Further Aasurance •• ,At any hme, and trom Ume to time, upon request of Lender, Grantor WIlt make. execute end deliver, or win cause to be made, execuled or delivered, to Lender or to Lender's designee, and whon requested by
Lender, cause 10 be flied, recorded, reflled. or rerecorded. as the case may be, at SUCh Umos and In such Offices and ptaces as Lender may deem appropriate, any and aH such mortgages, deeda or trusl, security deeds, secunty IIgreemenls. ftnanclng ststements, ,conUnuahon ststoments, Instrumenls of further assurance, oortollcates, and olher documents as may, In the sole opinion of Lender. be .-ry or desirable In order to effectuale, complete. perlecl,
continue. or preserve (a) the obllgaUons ,of Grantor under the Cntdll Agreement. thIS Oeed 01 Trusl. and the Related
Documents. and (b) the Hens and securtty tnteresta created by this Deed 01 Trust on the Property. whether now owned
or hereafter ecqulred bY,Granlor. Unless prohibIted by law or agreed 10 the contrary by Lender In wrlhng, Grantor shall
reImburse Lender for all costs and expenses Incurred In connection with the malters referred to In this paragraph.
Attorney .... ~ect. If Grantor falls to do any 01 the things referred 10 In the preceding paragraph. Lender may do so for and In the name of Granlor and at Grantor's Q)Cp8nse. For such purposes, Grantor hereby Irrevocably appOints Lender
as Granlor's attorneY-in-faci for the purpose of making. exacuUng. dellvertng. filing, recording, and dOIng all other thIngs
as may be necessary or desirable. In Lendor's sole oplnoon, 10 accomplish the malters referred 10 In the precedIng peragraph.
en en cr.
/
11-23-1999
Loan No 535 66 0613
DEED OF TRUST
(Continued)
Pege 6
16. F\LL PERFORMANCE. If Grantor pays a11lhe Indebtedness when due. '-mlnates Ihe cwd .. line aooount, and otherwise performs all the obllgallons Imposed upon Grantor under this Deed 01 Trust. Lender shall _acute and delIVer to Trustee a request for full reconveyance and shall exeCute and del_ to Grantor suitable stataments of termInation of any financing statament on file evidencing Lender's security Interest In the Rents and tha Personal Proparty. Any recorweyance f .... shall be
paid by Grantor. " permItted by applicable law. The granlee In any reconveyanoe may be descnbed as Iha "Person or
persons legally enbUed thereto·. and Iha recitals In Iha reconvevance of any mallars or facls shall be concluslve proof of tha Iruthfulness Of any such matters or facts. '
111., DEFAULT. Each of the following, altha ophon 01 Lender, shall constitute an evenl of dafault ("Event of Default") under
, this Deed of Trust: (a) Grantor commits fraud or makes a maler1a1 mlsrep~ntaUon al any Ume In connection with the CredIt
Agreement. ,This can Include. fOf' __ rnple. a false statement about Granlor's Income, a_ts, liabilities. Of' any other aspects of
Granlor's financial condition. (b) GrantOf' does not meet tha repayment '-rna 01 the Credit Agreement. (c) Grantor's acHon Of' Inaction adversely affects the collateral for Ihe CnJdlt Agreement or Lender's rights In the collateral. This can InClude, for
example. failure to maintain required Insurance. waste or destructive ~ Of the dwelling. 'failure to pay taxes, dealh Of all
peraons hable on the account, translar 01 UIIa or sale OIlhe dwelUng, creatl,on 01 a lien on lhe dwelling without our permIssIon.
!Of'eclosure by lhe holder 01 another lien. or the ~ 01 funds or the dWaillng !Of' prOhibited purposes.
17. RtGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any bme theraafteo', Trustee or Landar. al lis option. may exercise anyone or more of the following rights and remedies, In addition to any other
rights or remadles prOVIded by law:
Aceel •• I. tnd.bIOdneaa. Lender shall have the right at Its option to declara the anbre Indebtedness Immediately due and payable. Including any prepayment penalty which Grantor would be required to pay.
Foreclo ... '.. WIth respect to all or any part of Ihe Real Property. the Trustee shell have Ihe right 10 __ rClae Its power of
sale and 10 foreclose by notice and sale, and Lender shall have the right to foreclose by Judicial foreclosure. In ellher
case In accordance with and to the full extent provided by applicable law.
UCC Romocll ••• Wllh respect 10 all or any part of the Personal Property, Lender shall have all the nghts and remedies of
,a secured party under lhe UnHorm Commercial Code.
Collect Ron'a. Lender shall have the rlghl. without notICe to Granlor. to lake possession 01 and manage the Property
and collect tho Rants. Including amounts past due and unpaid, and apply the net proceeds. over and above Lender's
costs, against tha tndebtedness. In lurtherance of this right. Lender may require any tenant or other user 01 the Proparty
to make payments of rent or ~ f_ dlraoUy 10 Lender. II the Rants are collected by Lend ..... then Grantor trrevocably
desagnates Lender as Grantor's attorney-In-fact to endorse Instruments received In paymenl thareof In the name 01
Grantor and to negollate the same and COllect the procaada. Payments by tenants or other users to Lender In response to Lender's damand shall sattsfy the obllgallons for which the payments ara made, whather or not any proper grounds for lhe demand axtsted. Lender may ~Iae Its rights und .... this subparagraph either In person. by agent, or through a
nt08IVUf.
Appoint R_tver. Lender shall have the rlghl to have a receiver appointed to lake posseSSIon of all or any pert of the
Property, with the power to prolect and preserve the PrOperty, 10 operate the Property preceding or pending foreclosure
or sale. and 10 collecl the Rents from tha Property and apply the prooeads. over and above the cost 01 tha receivershIP.
agalnsl the Indebtedness. The receiver may serve without bond It permitted by law. Lender's right to the appOintment 01
a recalver shelt exist whether or not the apparent value 01 the Property mcoeada the IndebtedneSs by a aubstanllal
amounl. Employ,,,,eflt bY I,,~mder S~II not d~qL!I~lIfy!! Pars0r'! fn?~~ng as "receiver,
Ten_cY at s~Ce. ' I"G~~ior'rema:iM i~p~C;n Of ihGProP8rlY a~iha P~ is sOlei as pro~ abOve or
Lender oth_1ae becomes entitled to possession of the Property upon default of Grantor, Grantor shaD become a tenant
, at sulfarance of Lender or the purchaser Of the Property and shall, at Lender's oplton, 81ther (a) pay a reasonable rental
for the use of the Property. or (b) vacate the Property Immedlatety upon the demand 01 Lender.
Olh. Remedies. Trusl_ or Lender shall have any other rig hi or remedy proVldad In this Deed 01 Trust or tha CredIt Agr_menl or by law.
, NotIce 01 Sale. Lender shall give Grantor reasonable notice of the lime and place of any public sale 01 the Peraonal'
,Property or 01 the tJme altar which any prtvata sale cir other Intended disposition of the Personal Property 'Is to be made.
Reasonable nollce shall mean notice given at least ten (10) days befora the time of the sale or disposition. Any sale of
Personal Property may be made In conjunction with any sale of the Real Property.
Sale Of the ProperlY. To the extent permlHed by appllcabla law, Grantor hereby waives any and all rtghts to have Ihe
Property marshalled. In exerciSing Its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately. In one sale or by separate salas. Lender shaP be enUllad to bid at any public sale on all
or any porl1on Of the Property.
Waiver; Election or ~les. A waIver by any party of a breach 01 • prOVISIon of this Dead 01 Trust shall nol
constitute a waiver 01 or prejudice tha party's rights otherwise to demand strict comptlance WIth that prOVIsion or any other provision. Elecllon by Lender to pursue any remedy provided In thla Deed of Trusl, tha Credit Agreemenl, In any
Related Document, or provided by law shall not axcfude pursuit of any other remedy, and an election to make
expendlturas or 10 take action to perform an obllgalton 01 Grantor under thts Dead 01 Trust afteo' failure 01 Grantor to perlorm shall not affect Lender's right to declare a,default and to ~se any 01 Its remedlOS.
Attorneys' F_; ElCpa ...... If Lender'lnstltutes any suit or action to enforce any Of the terms of this Deed of Trust, Lender shall be enUtled to reccver such sum as the court may adjudge rea_nable as attorneys' fees at Inat and on any
appeal. Whather or nol any court acIiIon Is Involved. all reasonable axpenaaa Incurred by Lender which In Lender's opInion ara necessary at any time for the protection 01 Its, Interest or the enfOf'camenl of Its rights shaD become a part of
Ihe Indabtedness payable on demand and shall beer Interest at the Credit Agreement rate from the date of expendIture
unbl repaid. Expe..-covered by this paragraph Include, wllhout Dmltatlon. howavar subject to any IImlts under
applICable law, Lender's attorneys' fees whether Of' not there Is a lawsuit, IncludIng attOf'neys' f_ 'Of' bankruptcy
proceadlngs (Including eflOtts to modlty or vacate any autQfn8Uc stay or InjuncUon), appeals and any antICIpated
posl-judgment coitecUon aervlcea, the cost Of ~hlng records. obtaining title reports (Including foreclosure reports). surveyons' reports, appraisal fees, tlUe Insurance. and fees for the Trustee. to the extent permlHed by applIcable law.
Granlor aIao will pay any, court 00618. In addlUon to all other sums provided by law.
Rights 01 Truat_. Trustee shall have aP of the nghts and dulles of Lender as set forth In Ihls seellon.
1.. POWeRS AND ,oBUGATIONS OF TRUSTee. The followtng provisions relating to Ihe powers and obligations of Truslea
(pursuant to Lender's Instructions) are part oflhlll Deed of Trust.
, Power. of Truatee. In addlllon to aU pow .... 01 Trustee ar1slng as a mailer of law. Trustee shall have the power 10 take
the following aoUons with respact to the Property upon the written request of Lender and Grantor: (a) Join In preparing and filing a map or plat of the Real Property. Including tha dedication 01 streals or other rights to the public; (b) Join In granUng any easemenl or creaUng any r_trtctIon on the Real Property; and (0) Join In any subordination 'or olher
agreement alleotlng this Deed of Trust or the Interest 01 Lender under thIS Deed of Trust.
Obligation. 10 NotHy. Trustee anail not be obligated to notify any ot~ party of a pending sale under any other trust
deed or lien, Of' of any acUon or proceeding In which Grantor, Lender. Of' Trustee shall be a party. unless reqUIred by
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DEED OF TRUST
(ConUnued)
apphcable law, or unless Ihe acllon or prooeedmg Is brought by Trustee.
Page 7
Tru.tee., Truslee shall meet all qualillcatlons requIred lor Truslee under applicable law. In addlbon 10 the rights and
remedies set lorth above, with respect to all or any part or the Pr,operty, the Trustee shall have the rlghl to loreclose by noboe and sale, and Lender shan have the righl to foreclose by judlclalloreclosure, In ellher case In accordance Wllh and 10 the lull exten dad by applicable law.
Successor T t_, Lender, at Lender's opllon, may from lime to time appoint a successor Trustee to any Trustee
appointed here n4ar by an Instrument executed and acknowledged by Lender and recorded In the office 01 Ihe recorder or Kong County Washington. The Instrument shall contaIn, In addition to all ot'-maHers required by state law, the
names 01 the 0 nBl Lendar, Trustee, and Grantor, the book and page or the AudItor's File Number where this Deed 01
Trust IS recorded, and the name and addrusa 01 the sUoOesaor trustee, and the Instrument shell be executed and
acknowledged by Lender or lis successors In Interest. The successor trustee, without conveyance or the Property. shall
suoceed to all tfle litle, power, and duties conferred upon the Trustee In thIS Deed of Trust and by applocable law. ThIS
procedure for subsUtullon, of trustee shall govern to the exclusion or all other proYiSIOns for subst"utJon.
19. NOTICES TO GRANTOR AND OTHER PARTIES. Subjeclto applicable taw; and excepl for notice required or allowed
by law to be given In another manner, any nollce under this Deed of Trust shall be In wrtllng, may be sent by laIelacslmlle
(unless otherwise reqUired by law), and shall be effective when actUally dellwred, or when deposlled with a naloonBlly
recognlmd overnight couner, or, If maUed, shall be deemed effeCtIve when deposited /n the United States mall ftnst class,
certlfted or registered mall, postaga prepaid, directed to the addresses .hown near the beginning of this Deed of Trust. Any
party may Change Its address lOr nolo088 under this Deed of Trust by gllling formal wrtHen noboe to the olher partoes.
speclfymg that the purpose of the noloca Is to Ohange the party's address. All ooples of noUces of forectosure from the holder
01 any hen which has priortty over this Ceed 01 Trust shall be senl to Lender's addresll, as shown near the beginnIng 01 IhlS
Dued or Trust. For notice purposes, Granlor agr_ to keep Lender and Trustee Informed al all times of Grantor's current address.
20. FuilAL AGREEMENT. Oral agreements or oral oommltments to loan money, extend crad" or to lorbear from enlorclng
repayment of a debt are not enforceable. ThIS Security Instrument replaces aU prior, contemporaneous or subsequent oral
agreements or understandIngs, II any, between the parties. ThIS IS the final and complete expressIon 0' all terms 0' this Deed 0' Trust and there are no other terms. II you access your Credit Une by a daYlce covered by another sgreemen' (lor example, agreements and dIsclosures concerning electronic IUnds lranafers), those other agreements shall atso epply.
21. MISCELLANEOUS PROVISIONS. The lollowlng mIscellaneous prOVIsions are a part o. thIS Ceed 0' Trust:
Amendmen'lI. This Dead of Trust, logether with any Related Documents, conslltutes the enllre understandmg and agreement o. Ihe partIes as to the mailers set lorth In this Deed o. Trust. No alteratIon 0' or llmendment to thIS Deed 01 Trust shall ba eHlIOlive unless given In wrllong' and signed by the party or parties sought to be charged or bound by the allerabon or amendment. '
Applicable 'Law. Thill Deed or Trust hall been delivered to Lender and accepted by Lender In the Stllte 01
Washington. This Deed or Trust shall be governed by and conatrued In accordance with the 1_. or the Stata of Washington. '
Cop.lon Headings. Caption headings In this Deed of Trust are lor convenIence purposes only and are not to be used 10
Interpret or define the proYislons 0' thIS Deed of Trust. ,
Merger. There shBll be no m'ergar of tho IntereSt ,or estate created by thIS Deed of Trust WIth any other Inlerest or estate
10 the Property at anY tll1"8 h~ld !;Iy or for t,hl' b.l!Jnillit Qf L""d~r In any "1IPII,<;:lty, without the wntt~n consilnt 01 Lilnqer.
Multlpte Parties. All obhgallons 0' Grantor undar this Deed of TrUst shall' be 100nt and several, and ali re'erenceS \0
Grantor shan mean each and every Grantor. This means that each 01 the persons signing below IS responSIble for alt
obhgahons In this Deed of Trust.
Severability. If a court of competent junsd,ct,on finds any proYision 01 thIS Dued 0' Trust \0 be mvalld or unenlorceable
as to any person or Circumstance, such findIng shall not render thai proYlslcn InvalId or unanlorceable as to any other
persons or circumstances. If feasIble, any such offendIng provision IIhali be deemed to be modllled to be withIn the hmlls 01 enlorceablilly or valIdIty; however, " Ihe offendIng proYislon cannot be so mod/hed, It shall be slncken and all
other prOVIsiOns 01 thIS Deed of Trust In all other,respects shall remain valid and enforceable.
Successors and Aaalgns. Subject to the limItations stated In thIS Deed 01 Trust on Iransfer 01 Grantor's Interest, thIS Deed 0' Trust shall be binding upon and Inure to .he benellt of the parties, their successors and assIgns. If ownershIp 01 the Property becomes vested In a person other than Grantor, Lender, without nollce to Grantor, mey deal with Granlor's successors WIth reference to this Deed of Trust and the Indebtedness by way 0' torbearance or extensIon WIthout releaSIng Grantor from Ihe oblogaloons 01 thIS Deed 01 Trust or IlabU11y under the Indebledness.
Time Is of the Essence. TIme IS ollha essence In the performance ot thIS Deed 01 Trust.
Waivers and Conaantll. Lender shall nol be deemed to have waived any rights under this Deed 01 Trust (or under the
Related DoCuments) unless such waIver IS In wnUng and signed by Lender. No deley or omiSSIon on the part 01 Lender
In exerclsmg any right shall operate as S waIver DI such nght or any other right. A waiver by any perty 01 a prOVISion 01
Ihls Deed of Trust shall not conslltute a waiver 01 cr prejudIce Ihe party's nght otherwise to demand stnel comphance
WIth that prOVIsion or any other prOVISIon. No prior walver by Lendar, nor any course 01 dealing between Lender end
Granlor, shell conshtute a waiver 01 any o. Lender's rights or any 0' Grantor's obligations as to any future transactlcns. Whenever consent by Lender ts required In thIS Deed 01 Trust, the granllng of such consent by L.ender 10 any Instance
shall not constitute conhnulng consent to subsequantlnstances where such consent Is reqUired.
Waiver Of Homes.ead exemption. Grantor hereby releases and waives all rights and benefits 01 the homestead
exemphon laws ot the,S1ate of Washington as to all Indebtedness secured by thIS Deed of Trust.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH
GRANTOR AGREES TO ITS TERMS.
GRANTOR:
x 0... '-X~~~~Oft~~ ______________________ _
Annette a Demps
/
11-23-1999
Loan No 535 66 0613
.,
DEED OF TRUST
(ConUnued)
, ~I ,INDIVIDUAL ACKNOWLEDGMENT .T'~""/~& : C---:-:".L.SEAL ) sa ' '''):rret.EQ(Y
COUNTY OF ' •. ;:.01 ..........
.. ::'., [.pI ... 7·7~
Page 8
On this day before me, the undersigned Notary Pubhc, personally appeared· Annette B Demps and Keith D Demps,
personally known to me or proved to me on the basis of saUsfactory evidence· to be the IndiVIduals described In and whO
executed the Deed of Trust, and acknowledged lhat they signed lhe Deed of TNSt as ,heir free and VoIuh act and deed,
for 'he uses and purposes therein mentioned, . ~ ~ ~~v~re~ my hand and orne ... seat .... , c:;.?.:E! day or &'IlLitf/..u ~ ,
Realdlno-;a-b~~u .
Notary Pu My commlsaton exptres ? -7 -c?@~
REQUEST FOR FULL RECONVEYANCE
To: , Truslae
The undersigned IS Ihe legal owner and holder of aIllndebtednees secured by this Deed of Trust, You are hereby requested,
upon payment of all sums owing to you, to reconvey wHhout warranty, to the persons entitled therelo, the right, title and Interest now held by you under the D_d 01 Trust. Oate' ____________________________________ __ aeneftclary: ____________________________________ __
By:------------------------------Ita:
LASER PRO. Reg us Pa' &. T.M.Otf.,Ver.3.24(c.)'809CFIPrcSeNlCea.lnc. Al1rlghtaro • .,...,ed IWA-GO' VG81a'S.LN1.13 OVLJ
WHEN RECORDED RETURN TO
D"emg Employees Credit Umon
POBox 97050
Seattle,WA 98124-9750
Attn. Laura Porras
Loan Adm~n -SCS
"' ......
. 111111""'111 BiL"RRC..l'..SU8 II ••• ~f~a,; SSia7 c Y, 1M '
o~ 10 7 "55t.-t SUBORDINATION AGREEMENT
Loan #535-66-0613-52
NOTICE THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY IN'EREST IN TH&
PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY TIIAN THE LIEN OF SOME OTHER
OR LATER SECURI rv INSTRUMENT
The underSigned subordmator and owner agrees as follows
Boemg Employees' Credit Unton ,referred to herein as "subordmator", IS the owner and holder of a mortgage
dated November 23, 1999 whIch IS recorded In volume --------of Mortgages, page ---------, under auditor's file
No 19991201000408 records ofKmg County
2 Washington Federal Savmgs referred to herem as "lender" IS the owner and holder of the mortgage
dated 12/22/00 ,executedbyKeith ,D. & Annette B. Dem~hlchlsrecordedmvolume---of
Mortgages, page ----, under auditor's file no ~ , records of Kmg County) (which IS 10 be
recorded concurrently herewith) -:2 ~ I 2..2-"8~ I I c:z. 0
3 Annette B Demps and Keith D Demps referred to herem as "owner", IS the owner of 0111 the real property
descT1bed m the mortgage Identtfied above m Paragraph 2
4 In conSIderation of 'benefits to "subordmator" from "owner", receIpt and suffiCIency of whIch IS hereby
acknowledged, and to mduce "lender" to advance funds under Its mortgage and all agreements m CorUleclJon
therewIth, the "subordinator" does hereby uncondItionally subordinate the hen of h,s mortgage Identified m
Paragraph 1 above to the ben of "lender's" mortgage, IdentLfied In Paragraph 2 above, and all advances or
charges made or accruing thereunder, mcludlng any extensIon or renewal thereof
5 "Subordinator" acknoWledges thai, prior to the execution hereof, he has ha-d the opptiinmitY to examine the
terms of "lender's" mortgage, note, and agreements relatIng thereto, consents to and approves same, and
recognIzes that "lender" has no obligation to "subordmator" to advan<-e any fund'! undcl It~ mortgage OJ sec to
the ,application of "lender's" mortgage funds, and any apphcatlon or usc of such fund!. for purposes 0 her than
those prOVided for In such mortgage, note, or agreements shall not defeat the subordinatIon herein made In
whole or In part
6 It IS understood by the parhes hereto that "lender" would not make the loan secured by the mortgage III
Paragraph 2 without thiS agreement
7 ThIs agreement shall be the whole and only agreement between the parties hereto With regard to the
< subordinatIon of the lien or charge of the mortgage first above mentioned to the hen or chal ge of the mortgage
In favor'of "lender" above referred to and shall supersede and cancel any prior agreements 0& to such, or any,
subordmatlon mcludmg, but not bmlted to, those prOVISIons, If any, contained In the mortgage first above
mentIoned, whIch prOVIde for the subordmatlon of the hen or charge thereot to a mortgage or mortgages to be
thereafter executed
R The heir'., adminIstrators, assigns. and succeSSOrs m mterest of the "subordinator" shall be bound by thIS
agreement Where the word "mortgage" appears herein 11 shall be conSIdered as "deed of tnlsl", and gender and
numbel" of pronouns conSidered to con£orm to underSIgned
Executed thiS 26th day of' December 2000
NOTICE THIS SUBORDiNATION AGREEMENT CONTAINS A PROVISION ,WHICH ALLOWS THE
PERSON OBLIGATED ON YOUR REAL PROPERTY SECUruTY TO OBTAIN A LOAN A PORTION OF
WHICH MAYBE EXPENDED FOR OTI-lBR PURPOSES TItAN IMPROVEMENT OF THE LAND IT IS
RECOMMENDED THAT, PRiOR TO THE EXECUTION OF TI-lIS SUBORDINATION AGREEMENT, THE
PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO
Boe~ng Kmpl oyccs' Cred 1 L Un.LCln
~~
BbCU 111:9212000 Loan Adm1n1strat10n Manager
c: • ... ,
j ... ~
STATEvF WASHINGTON
CuUNTY OF KING
I certify that I know or have satisfactory eVidence thai IS the perSOll who appeared before me, and
"aid person acknowledged that signed thIS mst~ment and acknowledged It 10 be free and voluntary .. ct
for the uses and purposes mentioned m the.msti-llment
DATED
STATE OF WASHINGTON
COUNTY OF KING
Notary Public
My appomtrnent expires
I certIfy that I know or have satisfactory eVidence that LUCia Robmson IS the person who appeared before
me, and said person acknowledged that she Signed thiS mstrument and on oatb staled that she was authOrized to
execute the Instrument and acknowledged It as Loan Admlllistratlon Manager of Boeing Employees' Credit Unton to be the free and voluntairy act of such party for the uses and purposes mentioned In the Instrument.
DATED December 26, 2000
aBeu Ill) 2JlOOO
KAY M SKARE
STATE OF WASI:UN(;TON
NOTARY -_e_ PUBLIC
\tv cO .... 'SSIOI DPlAU 12-02-03
No:t1it'~J ~'--~\uwv
\B--D.9 03
My appomtrnent expIres
Return to
WASHINGTON FEDERAL SA VJNGS
Downtown Seattle Omce
425 Pike Street
Seattle W A 98101
Attn 111111"11111
1 13 17 M=:mJc.r DT 17 ••
K UN V, \.IA
_______________ [Spac:o Above """a Lano For Roc:onh ... Datal
060 200 238798.7
DEED OF TRUST
THIS DEED OF TRUST ("Secunty Instrument") IS made on December 22ndl 2000
The grantor 1'1
KEITH D DEMPS AND ANNETTE B DEMPS, HUSBAND AND WIFE
= ______ .".';"";~====_;_:;::_:==,._;:"""""==_--------------(" Borrower"/Gruntor) . Tho trustee IS OLD REPUBLIC TITLE LTD
C "Trustee "IGrantee) The benefiCIary IS Washington Federal Savings, whlcb IS organized and
elnsbilg under the law'! of The Uruted States of Arnonca, and who'le addre'lS IS ___________ _
425 PIke Street, Seattle. WashlnBton 98101
("Lender"/Grantee) Borrower owes Lender the pnnc"pal sum of :-:==.,-;===",... _________ _
FOUR HUNDRED THIRTEEN THOUSAND FIVE HUNDRED AND NO/IOOS
Dollars (U S $413,500.00 ) •. ThIs debl IS eVIdenced by Borrower's nOle daled the same
dale as tlus Secunty Instrument ("Note"), whIch proVldes for monthly payments. WIth the fuJI debt, If
not paId carher, due and payable on January 1st, 2031 ThIs Secunry Instrument secures to =Le..::::nd=::e=r=(~a~)=.th:"e'-=r;:;e::;pa..:...y-m-e-n-t-o-f~th:-e-d-:-e-:b:-t-o-v-I~de-nc-cd-:-:-b-y-:-:th:-e--:N:-:-o-:t-e-, -w-Ith
IDlerost, and all renewals, extensIOns, and moddicahons, (b) the payment of all other sums. WIth Interest,
advanced under paragraph 7 to protect the sacunty of trus Secunty Instrument, and (c) the performance
of Borrower'S covenants and agreements under tlus Secunty Instrument and the Note For Clus purpose,
Borrower urevocably 'grants and conveys to Trustee, In trust, WIth power of sale, the foUoWII18 dcs(.nbed
property located In Ki,. . County, Waslungton
THE EAST HALF OF TRACT(S) 223, C.D. HII.LMAN'S LAKE WASHINGTO~ GARDEN OF
EDEN ADDITION TO SEATTLE DIVISION NO 4, ACCORDING TO TH~ PLAT rHEREOJo
RECORDED IN VOI.UME I I OF PLATS, PAGE(S) IU, RECORDS OF KING COUNTY,
WASHINGTON
S\TUATE IN 'THE COUNTY 0)0' KING, STATE OF WASHINGTON.
OLD R~PUBLIC TITLE, LTD~7/551.r
IV 171/
Assessor's Property Tax Parcel Account Nwnber(s)t3=3"'43=900=:.:8;:;60=00= ________________ _
wluch has the addreBs of
Waslungton 98056
IZIP Cod,,!
2308 NE 24TH ST
ISlreetl
("Property Address").
RENTON
ICllyl
TOGETHER WITH all the Improvements now or hereafter crC(..tcd on the property, and all
easements, nghts, appurtenances. rents, royalttes. Dluleral. od and gas nghts and profits, water nght~
and stock and all fixtures now or horeafter a part of the property All replacements and addItIOns shall
also. be covered by tlus Seeunty In .. nrument All of the foregoltlg IS referred 10 In tlu'l Secunty
Instrument as the ·Property "
BORROWER COVENANTS lhat Borrower 1'1 lawfully .. elscd of the e~tate herehy conveyed and ha'l
the nsht to grant and convey the property and that the Property IS ul1i>ncurnbered, except for
encumbrances of record Borrower warrants and WIll defend generally the rltle to the Property agallL'lt all
claIms and demands, subject to any encumhranceR of record
WA.SHINGTON-S,ngl .. Famllv • Fanm .. Ma.,(Fredd.e Ma4 UNIFORM INSTRUMENT
(PaRe J (1/7)
Burrower I In,t.... /C-!:J ~
I.057A·T (WA) 02(16100
THIS SECURITY INSTRUMENT combines uruform covenants for national use and non-umform
covenanis Wllh hiruled vanatlons by JUCIsdlcbon 10 constitute a umform secunty IDstnlment covering real
property
UNIFORM COVENANTS Borrower and Leader covenant and agree as follows
I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly
pay when due the pnnclpal of and" Interest on the debt eV1(lcnced by the Note and any prepayment and
lale charges due under the Nole
2. Funds for Taxes aad InSurance. Subject to appbcable law or to a wntton WAIver by Lender,
Borrower shall pay to Lender on the day monthly payments are due under the Note, unhl the Note IS paid
tn full, a sum ("Funds") for <a> yearly taXC8 and assessments wluch may attam pnonty over this Secunty
Instrument as a hen on the Property, (b) yearly leasehold payments or ground rents on the Property, If
any, (c) yearly hazard or property Insurance premiUms, (d) yearly flood lI1Surance premiUms, If any. (e)
yearly mortgage Insurance preuuums, If any, and (f) any sums payable by BOTTOwer to Lender, In
accordance With the proVIsIons of paragraph 8, ID beu of the payment of mortgage lDsurance premiums
These Itemil are called "Escrow Items" Lender may, at any tllne, collect and hold Funds In an amount
not to exceed the maximum amount a lender for a federally related mortgage loan may requIre for
Borrower's escro"" accounl under Ihe federal Real Estate Settlement Procedures Act of 1974 as amended
horn tnne to hme, 12 USC Section 2601 et seq ("RESPA"). unless another law lhal appbes to tho
Funds sets a les'ler amount If so, Lender may, at any"hme, collect and hold Funds In an amount not to
exceed the lesser amount Lender may estimate the amount of Funds due on the basiS of currenl data and
re"asonable estimates of expendItures" of future Escrow Items or otherwISe In accordance With apphcable
law
The Funds shall be held an an In.,tllutlon whose depoSits are Insured by a federal agency.
mslrumentshty, or entaty (mcludmg Lender. If Lender IS such an lDstltullon) or an any Federal Home
Loan Bank Lender shall apply" the Funds to pay the Escrow Items Lender may not charge Borrower
for holdmg and applying the Funds, anoually analYZIng the .... c.row ac(..Ounl. or v .. nfylDg tbe Escrow
Iterns, unless Lender pays Borrower Interest "on the Funds and applicable law pennlts Lender to make
such a charge However. Lender may" require Borrower to pay a one-bane c.harge for an Independent real
estate tax reporting sorvlce used by Lender an connec.hon With tlus loan, unlCS'l apphcable law prOVides
otherwISe Borrower and Lend .. r may agree an wnttng, however, that Inter .. st shall be paid on th .. Funds
Unle'l'l an agreement I' inade or applicable law requlrcs Inlere .. t to be paid. Lender shall not he required
to pay Borrower any Interest or eanungs on ~ Funds Lender shall Sive to Borrower, Without charge,
an annual BCCOUDtlns of the Funds sbowmg Credits and debits to the Funds and the purpose for ""luch
each debit to the Funds was made "The Funds are pledged as addlttonal secunty for al\ sums secured by
this:Securitj "I1mtrument'
If the Funds held by Lender exc""" the amounts pcnnltted 10 be held by apphcable la"". Lender shall
account to Borrower for the excess FundS m"accordarn.e With the requirements of appbcable law If tho
amounl of the Funds held by Lender al any lIme IS nol suffiCIent 10 pay the Escrow Items when due,
Lender may so notify Borrower m wntlng. and. lD such case Borrower shall pay to Lender the amount
necessary to make up the defiCiency Borrower lihall make up Ihe defiCiency an no mar .. than twelv6
monthly payments. al Lend .. r·s sole dlscrellon
Upon payment an full of all sums secured by t1us Secunty Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender If under paragraph 21, Lender shall acqwre or seU the Property,
Lender, pnor to the acqwsltlon or sale of tbe Property. sball apply any Funds held by Lender al the tune
of aeqwsltlon or sale as a credit agaInst the sums secured by dus Secunty Instnunent
3. Application or Payments. Unless apphcable law prOVIdes olherwu;e. all payme"nts received by
Lender under paragraphs 1 and 2 shall be apphed. first, 10 any prepayment charges due under the Note:
second, to amounts payable under paragraph 2, third, 10 Interest due, fourth. to pnnctpal due, and last,
to any late charges due und .. r the Note
4 Charges; Liens. Borrower shall pay all taxes, assessments, charges. fines and lmpoSltlOns
attnbutable to tho Property wbtch may attam pnonty over this Secunty Instrument. and leasehold
payments or ground rents. If any Borrower shall pay these obhgallons ID the manner prOVIded .n
paragraph 2, or •• f not p81d In that manner, Borrower shall pay them on tunc duectly 10 the person owed
pay ...... nt Borrower shall promptly furrush 10 ..... nder all notices of amounts" to be p .. "J under llus
paragraph If Borrower makes these paymenls dlrooctly, Borrower shall promptly furmsh to ..... nd .. r
receIpts eVldencmg the payments
Borrower shall promptly discharge any hen wluch has pnonty over tlus Secunty Instrument unless
Borrower (a) agrees In wnbng to the payment of the obhgaboa secured by the hen 10 a manner
acceptsble to Lender, (b) contests In good faith the hen by, 01' defends against enforcement of the hen In,
legal proceedIngs wlucb 10 th6 Lender's op1D1on operate 10 pr .. vent the enforcol1lOnl of the hea or
, forfeiture of any part of the Property, or (e) secures from the holder of the Iten an agreement satisfactory
to Lend .. r subordJnallng the h .. n to tlus S •• cunty Instrument If Lender deternllIlOS thaI any part of the
Property IS subJccl to a hen wluch may attsln prloraty ov .. r thas Secunty Instrument. Lender may gIve
Borrower a nollce .denhfymg the hen Borrower shall satisfy the hen or take one or more of the actlO11S
'>et forth above Within 10 days of the glvmg of nollce
" 5. Hazard or Property Insur!U'ce. Borro""er shall keep the .mprovements now eltlstlns 01' hereafter
erected on the" Property .nsured agamst loss by Cue. hazards UlCluded Within the term "extended
coverage" and any other hazards, Includmg floods or flood~ng, for whach Lender requIres Insurance
ThIB tnsurance shall he mamlamed In the amounts and for the penods that Lender requlres The
(Page 2 (17)
) )
c:::... :....-,
--' < ....
, ....... .
0&0200238788.7
Insurance carner provldmg the ll'L'IUrance '!hall he "hl)sen by Borrower '!ubJcct to Lender'" approval ""hlch
shall not be unreasonably withheld Jf Borrower fatls to mamtam coverag .. d .... l.nbed ahov .. , Lend .. r
may, at Lender',! optIOn, obtaIn coverage to protect Lender'S Right'! In the Pn,perty In al.l.ordanl.<> wIth
paragraph 7
All Ul."urance poliCIes and renewals shall he al.ceptable to Lender and .. hall lnclude a "tandard
mortgage dause Lender 'Ihall have the nght to hold the pohcle'! and renewal.. If Lender require'!,
,Borrower shall promptly g1Ve to Lender all receipts of paid premium .. and renewal nOhl.e.'! In the ev .. nt
of loss. Borrower shall give prompt notl"e to the msurance carrier and Lender Lender m .. y mak .. proof
otloss If not made promptly by Borrower ,
Unless Lender and Borrower otherw'l5e agree In wntmg, ,"suranl.e pr<X.eeds 'Ihall he apphed to
restorallon or repair of the Property damaged, If the restoration or repair IS economically feaSIble and
Lender's secunty IS not les'Iened If the restorabon or repair IS not e<..ononucally feaSible or Lender' ..
"secunty would be lessened, the ansurance proceeds .'Ihall be apphed to the sums '!ecured hy thlo; Secunty'
Instrument, whether or not then due, WIth any excess paid to Borrower Jf Borrower abandons the
Property, or does not answer Wlthm 30 day'l a notice from Lender IMI the an.<;uranl.e carner ha'i offered
to settle a claIm, then Lender may collect the msurance proceeds Lender may use the proc.eeds to rep.t1T
or restore the Property or to pay sums ....cured by ttus Secunty Instrument, whether or not tben due The
3O-day, period WIll began when tlJe nOhl.e 1'1 81ven
Unless Lender and Borrower otherwIse agree In WrJhng, any appb"atJon of proceeds to pnnclpal shall
not extend or postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or change
the amount of the payments If under paragraph 21 the property IS acqUIred by Lender. Borrower'" nghC
to any IDSurance pohcles and proceeds resultIng from damage to the Property pnor to the acquIsItion
shall pass to Lender to the extent of the sums secured by tins Secunty Instrument nnmedlalely pnor 10
the acquIsItion '
6. Occupancy, Preservation. Maintenance and Protecbon of the Property; Bo .... ower·'1 Loan
Application. Leasehold'!. Borrower shall occupy, estabhsh, and u .. e the PnJperly a .. Borrow"r' ..
pnnclpal reSidence WIthIn sixty dayq after ihe executIon of tins Secunty Instrument .. nd shall continue to
occupy the Property as Borrower's pnn<:.lpal reSidence for at least OM year after the date of occupancy,
unless lender otherwIse agrees In wntlng, which consent shall not be unreasonably Withheld, or unless
extenuating' cIrcumstance .. eXIst wblch are beyond Borrower's control Borrower 'ihall not dc..'itroy,
damage or ImpalT the Propeny, allow tbe' Propeny to detenorate, or commll wa'lle on the Property
Borrower shall be In default If any forfeiture acbon or proceed1Og, whether Clvtl or ("Tlmln.tl, II> begun
that In Lender's good faith Judgement could result 10 forfeIture of the Property or otherwise matenally
Impair the hen created by tlnl> Secunty Instrument or Lender' .. secunty mterest Borrower may cu~ 'Iuch
a default and remstate, a'l prOVided In paragrapb 18, by causmg the aotlon or proceedmg to be dl'lml'!Red
With a ruhng that, In Lender's good faith determination, precludes forfeiture of the Borrower' .. '"terest In
the, prope~y or othli'r matenal l~pal!-"IDent of the lIe,n c,reared by this Secunty Instrument or lender'<;
'iecunty IOterest Borrow"r sh .. n .. 1'iO be In default If Borrower, dunng the loan .. ppho .. tlOn proce<;'>, gave
matenaUy false or Inaccurate Infonnahon or "tat..ment .. to Lender (or faded to prOVide under With .. ny
matenal Infonnahon) an connection WIth the loan eVIdenced by the Note, mcludmg, but not hnuted to,
representations concenung Borrower's occupancy of lbe Property as a pnnclpal reSidence If tlus
Secunty Instrumenl IS on a leasehold, Borrower shall comply Wlth all the prOVISIons of the lease If
Borrower acqwres fea t.tle to the Property, the leasehold and Ihe fee t.lle shall nOI merge unless Lender
agrees to the merger m wntulg
7. ProteCtIon of Lender's RIghts In the Property. If Borrower fall .. to perform the "ovenant'l and
agreelJlents contamed 10 tlus Secunty Instrument, or there IS a legal proceeding that may sigruficantly
affect Lender's ngbts 10 the Property (sul.h as a proceedmg In bankruptcy, probate, for condemnation or
forfelture or to enforce laws or. regulations), then Lender may do and pay for whatever I .. Del.essary to
protect tbe value of the Property and Lender's nghts In the Property Lender''I actIo"" m.ty Include
paymg any sums secured by a hen wluch, has pnonty over tins Secunty Instrument~ appearing In court,
paymg reasonable attorneys' fees and entenng on the Property to make repairs Although Lender may
take actIon under tins paragraph 7, Lender docs not bave to do so
Any amounts dIsbursed by Lender under this paragraph 7 shall become additIonal deht of Borrower
secured by tlus SecurIty Instrument Unless borrower and Lender .. gree> to other lerms of payment, thes ..
amounts shall bear mte~st from lbe date of disbursement at the Note rate and ~hall he 'payahle, With
1Oteresl, upon nollce from'Lender'to Borrower requesting payment
8 Mortgage Insurance. If Lender requIres Il10nguge IIlBurance a'l a cond,tIon of makIng Ihe loan
s .. cured by tlus Secunty InstrulTJOnt, Borrower shall pay the premiums requITed 10 rruuntam the mortgage
IDSurance In effect If, for any reason, the JDOngage Insurance coverage requIred hy Lender I .. p"" .. or
ceases to be m effect, Borrower shaU pay the premIums requIred to obtain coverage 'Iubstantlally
eqUivalent to tbe mortgage IDSurance p~vlously lD effect, at a cost subbtanhally eqUivalent to the ('O'lt to
Borrower of the mortgage lDsurance preVIously In effect. from an alternate mortgage Insurer approved by
Lender If substanhally eqUIvalent mortgage ulSurancc l.overage I~ not avallahle, Borrower .. hall pay to
Lender eacb month a sum equal to o~-twelftb of the yearly mongage Insuranl.e premIUm beIng paId by
Borrower when tbe Insurance coverage lapsed or ceased to be In eff«..t Lender wtll .. "cepl, u .... and
retain these payments as a loss reserve'ln heu of mortgage Insurance 1..0 .... re'lerve payment .. rnay no
Borrower • Inlua .. ,;M
(POBe J 0/7) L067A·T IWA) 02/16100
longer be required. at the ophon of Lender. If mortgage l.DSUmnce coverage (In the amount and for the
penod that Lender requires) provided by an lI1surer approved by Lender agam becomes avauable and IS
obtaaned Borrower shall pay any premiums required to DlIUntaJn mortgage l.DSUranCe In effect. or to
provide a loss .... serve. untd the requirement for mortgage Insurance ends In accordance With any wntten
agreement between Borrower and Lender or appiacable law
9. Inspection. Lender or Its agent may make reasonable enmes upon and InspectiOns of the
Property Lender shall give Borrower nollce at the time of or pnor to an 1I1specaon spcclfyang
reasonable cause for the Inspection.
10. Con~natJon. The proceeds of any award or claun for damages, direct or consequenbal. In
con.-:hon with any condemnatIon or other taking of any part of tbe Property, or for conveyance In beu
of condemnation. are hereby assigned and shall be plud to Lender
In the event of a total taking of the Property, the proceeds shall be appbed to the SUD1S secured by thts
Secunty Instrumont, whetber or not then due. With any excess paid to Borrower In the event of a partial
takmg of the Property 111 which the falC market value of the Property Immediately before the taking IS
equal to or greater than abe amount of the sums secured by thts Secunty Instrument Immediately before
the t8kJng. unless Borrower and Lender otherwise agree an wnbng. the sums secured by tlus Secunty
Instrument shall be reduced by the amount of the proceeds mull1plJed by the follOWing fracoon (a) the
total lUIlount of·the sums secured Immediately before the taklDg. diVided by (b) tho fair market value of
the Property unmedlately before the taking Any balance shall be pBld to Borrower. In the event of a
pamal taIong of the Property 111 whIch the fau market value of the Property unmedlately before the'
. 'taIc1ng IS less than the amount of the sums secured unmedlately befo,... the taktng. unless Borrower and
Lender otherwise ag ...... In wnbng or unlesa appllcable law otherwISe prOVides, the proceeds shall be
appbed to the sums secured by thIS Secunty Instntment whether Dr not the sums are then due
If the Property IS abandoned by Borrower, or If. after nobce by Lender to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower faals to respond to Lender
w.thm 30 days afler Ihe dale the nollce 1'1 B,ven. Lender .s authonzcd 10 collect and apply the proceeds.
al Its option, either to r .. storatJon or repa.r of the Property or to the sums secured by thts Secunty
Instrument, whether or not then due
Unless Lender and Borrower otherwIse agree m wntmg. any apphcanon of proceeds to pnnclpal shall
not extend or postpone the due date of the monthly payments referred to 10 paragraphs 1 and 2 or change
the amount of ,uch payments .
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tuno for
payment or moddicallon of amorbmtlon of the sums secured by thts Secunty Instrument granted by
Lender to any sUccessor m mtetest of Borrower shall not operate to release the habthty of the onglllal
Borrower or ,BOA'Bwer~s,.successorsln'lnterest. Lender shall ,not be requlJ'ed tocommenceproceedmgs
agaJJJSt any successor In Interest or refuse to extend time for payment or otherwise modify amortlzataon
of the sums secured by this Secunty Instrument by reason of any demand made by the onganal Borrower
or Borrower's successors In ante .... st Any forbearance by Lender In exerClsmg any nght or remedy shall
not be a waiver of or preclude the exerCise of any nght or remedy
12. Successors and Asslans Bound; .Joint and Several Llability; C011gners. The covenants and
agreements of this Secunty Instrument shall bmd and benefit the successors and assigns of Lender and
Borrower. subjOCt to the proVISIOns of paragmph 17 Borrower's covenants and agreements shall be JOint
and several Any Borrower who CO-Signs thas Secunty Instrument but does not execute the Note (a) IS
co-sIgning tlus Secunty Instrument only to mortgage. grant and convey that Borrower's mterost In the
Property under the tenns of this Secunty Instrument. (b) IS not personally obhgated to pay the SUD\S
secured by this Secunty Instrument, and (c) agrees that Lender and any other Borrower may ag .... e to
extend •. modlfy. forebear or make any accommodatlons WIth regard to the tenns of this Secunty
Instnunenl or the Note Without that Borrower's consent
13. Loan Charges. If the loan secured by this Secunty Instrument .s subJOCt to B law wh.ch sets
maXimum loan charges, aod that law IS f"lnally Interpret .. d SO that the Interest or other loan charges
collected or to be collected In connection With the loan exceed the perautted hnuts. then (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the perrmtted hmu. and (b)
any sums alre.ady collected . from Borrower which exceeded pennlttad 11ltllts wall be refunded to
Borrower Lender may choose to make Ws refund by ,...duclDg the pnoclpal owed under the Note or by
malang a dlCect payment to Borrower If a refund reduces pnnclpal, the rcducbon wdl be treated as a
partIal prepayment Without any prepayment charge under the Note.
14. NotJces. Any notice to Borrower proVIded for In tlus Secunty Instrument shall be gaven by
dehvenng It or by mallUlg It by first class maal unless appbcable law requues use of another method
The nohce shall be dlCccted to the Property Address or any other address Borrower designates by notice
to Lender Any nohce to Lender shall be gIVen by first class mall to Lender's address stac.,d herem or
any other address Lender deSIgnates by nohce to Borrower Any notice proVided for In tlus Secunty
Instrument shall be deemed to have been gIven to . Borrower Dr Lender when gIven as prOVIded In tlus
paragraph
15. Governing Law; Seyerablllty. This Secunty Instrument shall be governed by federal law and
the law of the JurlSdlctlon In which the Property 18 located In the event that any proViSton or chluse of
tlus Secunty Instrument or the Note conflicts With applicable law. such conflict shall not affect other
proVISIOns of thts Secunty Instrument or t.... Note which can be given effect ""Itbout the conthctlJJ8
provIsion To tlus end the prOVlSlODS of this Secunty Instrument and the Note are declared to be
severable
(Palle 4 of 7)
--
)
0::. -. c. ._ ... -C"-..o
060 200 23878&-7
16. Borrower's Copy. Borrower shall be gIven one conformed copy of the Note and of trus Secunty
Instrument
17. Transfer. of the Property or a Beneficial Interest an Borrower. If all or any part of the
Property or any Interee:1 In It IS Sold or tran~ferred (or If a benefic.lal mtere~t In Borrower. Ie: ~old or
Crimsferred and Borrower I'! not a natural Person) without Lender' .. rnar wntten <..on'lent. Lender llIay. at
Its ophon, requIre Inune~hate payment 10 full of all 'lums secured by trus Se<..unty Ine:trumenl However.
tlus option shall not be ex"n..lsed by Lender If exercise IS prolublled by f""'eral l.lw a'l of tbe date of tlu ..
Secunty In"ltrument
If Lender exercises tJus opllon. Lender '!hall give Borrower notice of ac.celeratlOn The nollce
shall prOVide a penod of not less than 30 days from the date the notice IS dehvered or mailed Within
which Borrower must pay all sums secured by tlus Secunty Instrument If Borrower fa .... to pay these
sums pnor to the explratlOn'of t1us penod. Lender may Invoke any remedle .. permitted by lrus Secunty
Instrument Without further nollce or demand on Borrower
18. Borrower's Right to Reinstate. If Borrower meet'! c.ertam c.()ndltlon. ... Borrower .. hall have the
nght to have enforcement of trus Secunty In"trument dl'lc.ontmued at any hme pn .. r to the earher or (a)
S days (or such other penod as appllcahJe law may 'lpecify for remHtatement) before' -.ale of the Property
pursuant to any power of sale contamed In tru'! Secunty Instrument, or (h) entry of a ludgment enfurclng
thle: .Secunty Instrument Those conditiOns are that Borrower (a) pay .. ' Lender all 'lUrn" whlc.h then
would be due under th,., Secunty Instrument and the Note .IS If no ac.celerahon oc.c.urroo, (b) c.uro .. any
default of any' other covenant" or agreements. (c) payq all eXpClMe'! Incurred In enfoT("Jng th • .; Se(..urlty
Instrument, inC ludmg , but not hmlled to. reasonable attorneys' fees, and (d) tak".; 'Wc.h achon as Lend"r
may rea'iOnably requIre to assure that the hen of t1us Secunty Instrument, Lender's r1ghtq In the Property
and Borrower's obhgatlon to pay the sums secured hy tlu .. Secunty In .. lrument e:hall (..onunue unchdnged
Upon reinstatement by Borrower. trus Secunty Instrument and the obhgatlon' ,ecured hereby .,ball
remain rully. effective as If no acceleration had occurred However. thiS nght to ""mstate "hall not apply
• n the case of acce lerahon under paragraph 17
19, Sale of Note; Change of Loan Servlcer. The Nace or a partial Interest In the Note (together
WIth th, .. Secunty Instnnnent) may be sold one or more cmes Without pnor nohc.e to Borrower A sale
may result In a change In the entIty (known as the "Loan SelVJcer") that collects monthly payment .. due
under the Nace and thiS Secunty Instrument There also may'''''' 0"", or mono (..hlinges .of the Loan
S"t'Vlcer unrelated to a sale of the Note If there 1'1 a change of the Loan Servlcer, Borrower WIll be
gIven wntten nohce of the change to accordance With paragraph 14 above and apphc.dhl" law The rJOttce
Will state the name and address of the new Loan Servlcer and the addr" .. '1 to which payments should be
made The notIce WIll also contain any other InfonnatlOn requIred hy applicable law
20 •. Hazardous Substances. Borrower shall not cause or permIt the pree:ence. U'Ie, dl .. pasal, storage,
or release of any Hazardous Substances 00 or In the Property Borrower shall not do, nor alloW anyone
else to do; anyth:ingaffeetirig tbeProperty thal til In vlohitlori of any EnvirOnmental UW The preceding
two sentences shall not apply to the pre."lence. U'le, or 'Itorage on the Property of .. mot II quanllll'" of
Hazardous Substaooes that are generally rccogmud to be appropnate to normal resldentUlI use::. and to
nUllnteoance of the Property
Borrower shall promptly gIve Lender vvntten notIce of any ,nveqt'gauon. claim. demand, law"lult or
other aCllon by any ·governmental or regulatory agency or pnvate party involVing the Property and any
Hazardous Substance or EnVIronmental L8w of which Borrower has dctual knowledge If Borrower
learns. or l"l notdied by any goverrtmental or regulatory authority. that any removal or other remedIatIOn
of any Hazardous Suh'!tance affecting the Property IS nece'lury. Borrower .. hall promptly tdke all
n=essary remedIal actions In accordance WIth EnVironmental Law
As used In tms paragraph 20. "Hazardous Suhstance .. -are tho .. e "Uhstanc.Cb defmed ao; tOXIC. or
hazardous substances by EnvJronmentaJ Law and the foUOW1ll8 '!ubstances gasohne. kerosene, other
f1anunable or tOXIC, petroleum products. tOXIC pestiCIdes and herbiCides, volatile solvents, rnatenals
contauung asbestos or fOlTnaldehyde, and ra<hoactlve matenals As u .... d In th,.. pan,graph 20,
"EnVIronmental Law· means federal law'! and law'l of the Juosd,cllon where the Property I~ located thllt
relate'to health, safety or environmental protection
NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follow::.
21. Acceleration; Resnedles. Ltmder shaD gJve notice to Borrower pnor to a"eleratlon
following Borrower's breach of any covenant or agreement In this SeCunty Instrwnent (but not
prior to acceleration under paragraph 17 unless appbcable law provides otherwise). The noUce
shalJ spedfy: (a) the default; (b) the action requIred to cure the default; (c) a date, not les'l than 30
days from the date the notice Is gIven to Borrower, by which the default must be cured; and (d) that
ratJure to cure the default on or before the date specIfied In the notIce may result In acceleration of
the swns secured by this Security Instrwnent and sale of the Property at public auctIon at a date
not less than 120 days In the future. The notice shall further Infono Borrower of the right to
reinstate after acceleration, the right to bring a court action to assert the non __ lstence of a default
or any other deten.'Ie of Borrower to acceleration, and Rale, and any other matters required to be
,Included In the notice by appUcable law. If the default IS not cured on or before the date specified
(PaR_ S 0(7) L067A-T (WA) 02/1 efOO
<.:.,.
ex:>
i,
In the notu:e. Lender at Us option may require lIU1ned1ate payment In fun of all sUms secured by
thJs Seeunty Instrument without further demand and may mvoke'the power of sale and any other
renu:d.les pernutted by applicable law. Lender shaD be enUtied to collect aU expenses Incurred In
pursuing the remedies provided In thJs paragraph 11. Including. but not limited to, reasonable
attorneys' fees and costs of title evidence.
If Lender In.vokes the power of sale. Lender shaD give written notice to Trustee of the OCCUJTeru:e
of an event of deCault and of Lender's election to cause the Property to be sold. Trustee and Lender
shaD take such action regarding notice of sale and sha1l give such notices to Borrower and to other
persons us applicable law may require. After the time required by appUcable law and after
publication of the noUce of sale, Trustee. without denland on Borrower, shaD seD the Property at
public auction to the blghest bidder at the time and place and under the tenus designated In the
notice of.sale In one or more parcels and an any order Trustee determines. Trustee may postpone
sale of the Property for a period or periods permitted by appUcable law by public announcement at
the time and place fixed In the, notice of sale. Lender or Its designee may purchase the Property at
any sale. .
Trustee shall deliver to the purdulser Trustee's deed conveying the Property without any
covenant or warranty, expressed or ImpUed. The redtals In the Trustee's deed shall be pnma facie
evidence of the truth of the statements made therein. Trustee shaD apply the proceeds of the sale In
,the following order: (a) to aU 'expen._ of the sale, Including. but not Ibnlted to, reasonable
Trustee's and attorneys' fees; (b) to all swns Be<:ured by this Security Instruanent; arid (c) any excess
'to the person or persons legully entitled to If or to the clerk of the superior court of the county In
which the sale took place.
22. Reconveyance. Upon payment of all sums secured by Ihts Secunty Instrument, Lender shall
.-..que .. t Trustee to reconvey tlu> Property and shall surrender tJus Socunty InslrUJDent and all notes
eVidencing debt secured by tlus Secunty Instnamcnt to Trustee Trustee shall reconvey the Property
Without warranty and Without charge to tbe person or persons legally entatled to It Such pel"'lon or
persons shall pay any recorda lion costs '
23. SubstltuteTrustee In accOrdance WIth apphcahle law. Lender may from hme to tunc appoint a
sUccessor trustee to any Tru .. t .... appomlcd hereunder wh() h4~ ceased to act WIthout <..Onv .. yam .... of the
Property, th.. SUCCebbor trustee shall succeed to all the htle, power and duties conferred upon Trustee
herelll and by appbcable law ' .
24. Use of Property. The Property 16 not used pnJlC1p8l1y for agncultural or farautig purposes
15. Riders to thts secilrlty llistrument. If one or more nders arc executed by Borrower and
recorded.tqgetber Wlth ttus, Secunty Instrument. tbe CO\fellBntaand agreemenlBof each such oder shall be
Incorporated 1J1to and shall amend and supplement the covenants and. agreements of dus Secunty
In.!'trument as If the nder(s) were a part of tlus Secunty Iostnament [Check apphcable box(es»
c:Jcondomuuum Rider
CJplanned Unat Development Rider
01-4 Fanuly Rader OAdJustable Rate Rider
CXk:>ther(~) [Specify]
Addendwn to Unlfonn Deed of Trust
BY SIONINO BELOW. Borrower accepts and agrees to the terms and covenants contamed In tlus
Secunty Instrument and In any rlder(s) executed by Borrower and recorded With It
-
ANNE"ITB B DliMPS
(OVer for notary acknowledgements)
(PQ~ 601')
-
060 200 238798_7
STATE OP WASHINGTON
) '1'1
COUNTY OF KING )
I cerhfy that I know or have sab'lfactory eVidence that Ke:f.th D. Demps and
Annette B. Demps
[Name(s) of person(s») .
:ntare the person(s) who appeared before.me, and RaId pe .... on('I) acknowledged that ~they) 'Ilgned
llu'l IIlstrument and acknowledged II to he ~thelr) fNe and voluntary Bct for the U'I"S and purpo ......
. mentioned In tho Instnnnent
(Signature)
Notary Pubhc In and for th" Stat .. of Wash1ngton
resldlDg at K:1.rk1and
My comnusslon expues __ ->=6"'1 .... 2....,.0"'1..,,0'"-==2 ________ _
STATE OF
) 'IS
COUNTY OF ) I certify that) knOw or have satisfactory eVidence that _____________________ _
rName(lI) of per'lon('I))
Is/ar" the per'lOn(h) who appeared before me, and 'IBId person(s) acknowledged that (he/ .. he/they) "I8Oed
tlus lostnlrnent, on oath stated that (be/she/they) wa .. /were autbonz<od to exe(..ut .. the Instrument and ackriOwiedged jf as the ____________________________________ _
(Type of Authonty, e g , Officer, Truslee)
of ______________________ ~~----~~~----~=_~~~~----~~------~--~=_--~~---
(Name of the Party on Behalf of Whom the Instrument was Executed)
to be the free and voluntary act of such party for the u~s and purpO'le'l menhoned to the Instrument
Oated
(Signature)
(Seal or Stamp) Notary Pubhc an and for the state of _________ _
residing at
My comnusslon expu'l:O'I _______________ _
0031i6 1612 1261
L067A·T tWA) 02/16/00
c.::::. co' , < .. .J . c ....
050 200 2387!1cS-7
ADDENDUM TO UNIFORM DEED OF TRUST
Date December 22nd. 2000
Addendum attached to and fonmng part of the Deed of Tru...t ("Secunty In'ltrumen''') of even date by dnd
he~een ________________________ ~ ______________________________________________________ ___
KEITH D DEMPS AND ANNE'ITE B DEMPS, HUSBAND AND WIFE
as Grantor/Borrower. OLD REPUBLIC TITLE LTD
as Trustee, and WASHINGTON FEDERA,L SAVINGS as Beneficlary/Lender
I. OCCUPANCY OF THE PROPERTY BY BORROWER.
There are ~o allernatlve covenants /ltated below wblch refer to <X.cupancy of the Property by the
Borrower, and only on .. dlternatlve 'Iball be a part of thl'! Addendum ~nder ha .. d .. termlned ""hlc..h
alternative IS a covenant of the Borrower hy ch<ooking below the appropnate hox 0ppo'ite the paragraph
.nuned!ately pTeCe<bng the paragraph Lender has determined to be apphcable to Borro""er, and Borrower
ha'l agreed to trus chosen alterilattve by execubng nus Addendum to the Se .. unty Instrument and pur-nunt
to the terms of Lender's loan commitment
Occupancy of Property by Borrower Required
IS amended by substltuttng the follOWIng language
Umform Covenant 6 of the S .... unty In'ltrument
"Borrower shall occupy, estabhsh and use tho> Property as Borrower' .. pnnc.pal res.dence Within
sixty (60) daYR after the executlOn of,thls Security Instrument and shan contmue to oc .. upy the
Property as Borrower's pnnclpal reSIdence for at least one year after the date of nccupancy, unless
lender otherwise agrees In wnbng and In Its sole discretion, proVided, however, that If the loan
"vldenced hy the Secunty Instrument I" a 'custom' con'ltruclton loan a .. defined by a Con~trucl.on
Loan Agreement between Lender and Borrower. then Borrower shall begm to occupy. estabhsb and
use the Property as Borrower's pnnclpal reSidence Wlthm SIXty (60) days after receipt of CertIficate
of Occupancy, or slmdar offiCIal document. from tlte appbcable governmental authonty, unlcss
Lender In .ts d.serenon agrees In wnttng to walva any govenunental r.oqulremcnt Borrower
acknowledges that Uruform'Covenant 6, as here amended. IS mqulred by Lender In con'llderation of
Lender extendmg Borrower an 'Occupancy Note Rate' which IS los<; than the prevallmg
'Non-Occupancy Note Rate' If Borrower shall default on the term'l of occupancy as
stated above, Lender may elect, al Its optton and natwJthatandmg any other terms of the Secunty
Instrument to the contrary, any nf the followll18 remedle.. (a) Lender may accelerate the tenna of
the' NOte 'arid,' upon ,fifteen ,( 1'5) days notice,' call thO lOan nrunedlately due and payable tn' full, and' If
Borrower fatls to make payment m full, Lender may thereafter exercise any remedy permltt"d hy the
Secunty Instrument. lncludlll8 SUit on the Note or fonocloliure upon the Secunty Interest and th ..
Property, or' (b) Lender rnay adjust the Interest rate on the Note (and any monthiy payment
occasioned hy such adjustment) to i..ender'R 'Non-Occupancy Note Rate' which eXisted a'l of the
date of tbe Note and Secunty Instrument and requtl"C further con'llderalton for not calling the loan
,nnmedlately due and payable, Includmg but not lututed to (I) havmg Borrower c..onvey to Lender d
Fanme Mae Multtstate 1-4 Fanuly Rldcr (ASSignment of Renl!i) and (It) hdvmg Borrower pay any
amount, of pnnclpal on the loan necessary (If at all) to make the loan conform to whatever
, loan-la-value raho condJtlons Lender would have reqUITed of a 'Non-OwMr-Oc..cupled Loan' on the
Property lUI of the date of the Note ,and Secunty In'ltrument •
D Occupancy of Property By BOrrower WaIved.
, IS deleted
2. ADDITIONAL SPECIAL COVENANTS.
A AddJdonaJ Adva,nce<~)
Uroform Covenant 6 of the Secilnty Instrument
Tlus Secunty Instiument I\!SO secures the payment of any further sums advanced or loaned by
Lender to Borrower. or any of Its successors or asSIgns, If (1) the' Note or other wntlng eVidencIng
the future advance or loan speclfically states that It .s secured by trus Secunty Instrument, or (2) the
advance, Including costs and eltpc1lSeS Incurred by Lender, IS made pursuant to thiS Secunty
Instrument or'any other documents executed by Borrower eVIdencing, secunng, or relaltng to the
Note and lor the' Collateral, whether executed pnor to, contemporaneously WIth, or subsequent to
trus Seounty Instrument (thIS Secunty Instrument, the Note and 'iuch other documents, tnc..ludlll8
any constructton loan, land loan or other loan agreement, are hereinafter collecbvely referred to, as
the "LoaD Documents"), together With Interest thereon at the rate set forth m th .. Notc unlC'l'
otherwise specIfied In the Loan Documents or agreed to In wnttng
(Pag4 J <>(3)
L041 03/28/00
B 'Lender's Right of Acceleration and Judielal For-eelosure.
Uruform Covenant 19 and Non-Uruform Covenant 22 of the Security InstnaJnBnt are amended by
the addition of the foUowlng language, whICh bhall modify the terms of Uruform Covenant 19 WId
Non-Uruform Covenant 22 to the extent set forth Jnunewately below
-Borrower acknowledges that the terms aod conditions of Uruform Covenant 19 and Noo-Uruform
Covenant 22 are Imended to avaal .Borrower of certaln nobce and reUllltatemem nghts If Lender
elects non-jUdJcJ81 foreclosure under Its power of sale In the event of default. and that Borrower bas
a statutory nght of re4emptlon protectmg Borrower 10 the event of JudiCial foreclosure Therefore.
notwttbstarul1ns any proVJslon .of Uruform Covenant 19 and Non-Uruform Covenant 22 of tlus
Secunty Instrument. If Lender. at Its own option. elects to accelerate the Sccunty Instrument by
commencement of JudiCial foreclosure for any default or breach by Borrower, the Borrower shall
..... .., not have the ngbt of relDstateinent or entitlement to certam notices as proVJded for 10 Uruform
c.o Covenant 19 and Non-Uruform Covenant 22 •
C. Reconveyanee After Payment of Loan In Full. Non-Uruform Covenant 23 of the Secunty
o
Instrument IS reVIsed to read as follows
. -23. Release or Reconveyance. Upon payment of all sums secured by tins Sccunty InstrulllCnt,
Lender shall request Trustee to release or reconvey the Property and shall surrender tlus Secunty
Instrument and all notes eVldeoclDg debt secured by tms Secunty Instrument to Trustee Trustee
shall release or reconvey the Property WIthout warranty to the person or persons legally entitled to
. It Such person or persons shan pay any recordation costs and reasonable trUStee's fee for release or'
,reconveyance ..
Mandatory Flood insUrance Cor Property In Special Flood Hazard Areas. Uruform Covenants
3 and S are modtfied so as to add the follOWing language which affects hath covenants
-If the Property IS now or shall .. v .. r diu-Ing tlus loan be dea..rnuned by thto Federal Emergency
Management Agency (FBMA), or Its successor asency, to be WJtbm a Speclal Flood Hazard Area
. (SFHA) , then to the extent flood lDSUrance IS available for the Property, Lender wall reqwre, upon
notice to Borrower of such dcternunatlon, thet adequate flood Insurance be mamtamed for the
Imp,r0"!'1me~t!'9f. t~e_ PI"Qp.e~ 11,' Q~rr~.wer:·!I. e~~D!I"', Il.lld Le~er s~H be. e~qtl~ to collect, Ill! l"art
of-the Funds defined under Covenant 3, and to the extent authonzcd by fcderallaw and regulataon.
"Escrow IteDlS" (reserves) for flood Insurance premiums. and If Borrower does not voluntarily pay
for the flood Insurance as part of said Funds, Lender sball be enhtled to obtain "forced place" flood
Insurance coverage for the Property Improvements and, In so dOing, eIther cap.tah:z.e the cost of
such coverage to the pnnclpal balance of the loan or apply the payment as a "negative reserve".
whereupon Borrower shall be deemed to be In default of thiS Secunty Instrument
E "Custom" Construction Loans. If tlus Secunty Instrument secures permanent financlDg to
construct or remodel a reSIdential dwelltng on the Property (-'custom' construction loan'), then tbe
Construction Loan Agreement & ASSignment of Account Signed by Borrower alons With tins
Secunty Instrument and Addendum shall be IDCorporated by reference JD and be a part of tins
Secunty Instrument,and any default or breach by Borrower of the Construction Loan Agreement &
ASSignment of Account shall constitute a default or breach of tius Secunty Instrutnent, thereby
entlthng Lender to any and all remedlcs allowed by the Secunty Instrument and apphcable law for
such default or breach .
F E-Z Pay Option. If Borrower elects the E-Z Pay optIOn at the inCeptIon of tlUb loan. then Lend .. r
sball temporartly defer the two hundred dollar ($200) payment proC<>8slng charge whIch IS otherwise
due and payable 1D full at clOSing However, If at any time, Borrower's E-Z Pay bank act-ount bas
InsuffiCIent funds to cover a payment when due. or If BOrTower's E-Z Pay bank account IS closed or
otherwISe becomes unavailable to Lender for the paY1Dt>nt of the loan, or 1ft the event Borrower
elects, at any hme, to·ternunate the E-Z Pay option. then Lender may remstate and demand the two
hundred d01lar ($200) payment proceSSing charge from Borrower In whtch event tlus charge shall
then be due and payab1e In· fun Lender shall Inform Borrower of tms elecbon In wnhng and
Lender may. at Lender's optaon, either requtre Borrower to pay the payment processlDg charse
within 10 days of receipt of wntten notIce or add the amount of the charge to the reDllUDlng
pnnolpal balance of the loan I f the charge IS addod to the loan, then It shall becoDle addlhonal debt
of Borrower secured by tms Secunty Instrument and shall bear lDterest at the Note rate and shall be
payable ID accordance With the terms of the Note
L041 03/28/00
--
)
G Hazard, Property, or Flood Insurance. Without affectms the language contamed In Cov~nants 2,
S, and 7 of the Sccunty Instrument and paragraph D abov~, Borrower I~ advllled a .. follows
H
WARNING
UnJess Borrow~r prOVides Lender With eVldeJ¥.e of tho=> Insurance I.oveordge d~ required by the deed
of trust or loan agreemenl, Lendeor molY purcha.... Insurance at Borrower'.. eXP<'n~e to prot""t
Lender' .. Interel'lt 'l1n'l IflSUr<lnl.C may, hut need not, al'lo protel.t borrower', Intereo'lt If th ..
collateral become~ damaged; tho coverage Lender purcha'les may not pay any I.lalm Borrower
makes or any claim made a8amst Borrower Borrower may later U1ncel tlus coverage by provldll18
eVidence that It ha'l obtall'l~d property coverage el""where
Borrower IS responSible for Ihe 1,.0'11 of any Insuranc~ purcha,ed hy Lend~r " The c..o~t of thlb
tnsurance may be added to the loan halance If th~ cost IS added to the loan b<ll<lnc..e. the mten'"t
rate on the under·lymg loan· will apply to chl'l added dmount The eff""hv .. ddte of '-nver<l8~ molY h~
the· dale the pnor <.Overage lapses or the dale Borrower falls 10 prOVide proof of coverage
The coverage Lender purchase'l may be conslderahly more eXpen'lIVe tluJn II\.'1urance Borrower can
obtain on lIB own and may not o;alJ;,fy any need for property damage.coverage or any maTidatory
liability Insurance requlrem~nts Imposed by applicable law
Late Charges and Other Fees Lender may. al Lender's oplJon, either requll''' Borrower to pay
any late charge for overdue payments or NSFfreturned Item feeb related to dny payment>. under the
Note, or add the amount of any such c..luJrgcs or fees to the remallung pnnc.-Ipal balanc..e of the loan
If these charges andlor fees are added· to the loan. lhen they 'Ihall be<.()me <lddltlonal debt of
Borrower 'Iecured by thl'l Security Instrumenl and shall bear Intere"l al Iboo NOlo. rdle dnd ,h .. 11 he
payable ID accordance With the terms of the Note
Asslgmnent of the Loan. If Lender transfers Its mleresl ID or a nght 10" roc..elvo loan payments
under the Note secured by the Security IlUIlrument, Uus Addendem. or .. ny part of It, may he
cancelled at the ophon of Lender and Without advance nollce to Borrower. dnd Lender may make
and record any Instrument. Without signature of Borrower. which may he nd(.~ .... ary to give .re,-oru
nolaee of such cancellation
/J'S / c::::::>
ANNETTE B DEMPS
003611 14121267 1.041 03/28/00
PACIFIC NORTHWEST TITLE COMPANY
OF WASHINGTON, INC.
215 columbia Street
Seattle, Washington 99104-1511
Senior Title Officer, Marilyn Sanden (macilYlltJanden@pnwt.com)
Senior Title Officer, Bob Curtis (bobcuctiB@pnwt.com)
Senior Title Officer, Georqean Moore (geocgeanmooce@pnwt.com)
Assistant Title Officer, Debby Bigelow (debbybigelow@pnwt.com)
Unit No. 2
John L. Scott
FAX No. (206)343.9400
Telephone Number (206)343-1345
4735 NE 4th Street
Renton, WA 99059
Attention: Marc Rousso
Title Order No.1 557023
Your Ref.: Demps/J & M Land Dev. Inc.
A. L. T. A. COMMITMENT
SCHEDULE A
Effective Datel May 24, 2004, at 8100 a.m.
1 •. ~olicy(ies) to be issued:
ALTA Owner's Policy
standard (X) Extended ( )
SHORT TERM DISCOUNT RATE
Proposed Insured;
J & M LAND DEVELOPMENT, INC.
Amount
Premium
Tax (B.B%)
$ 540,000.00
$ 1,224.00
$ 107.71
NOTE: IF.EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED
FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR
TO CLOSING SO THAT WE MAV INSPECT THE PREMISES.
2. The Estate or interest in the land described herein and which is
covered by this commitment is fee simple.
3. The estate or interest referred to herein is at Date of Commitment
vested inl
KEITH D. DEMPS and ANNETTE B. DEMPS, husband and wife
4. The land referred to in this commitment is situated in the State of
Washinqton, and described as follows;
As on Schedule A, page 2, attached.
A.L.T.A. COMMITMENT
SCHEDULE A
Page 2
Order No •. 557023
The land referred to in this commitment is situated in the State of
Washington, and described as follows I
The east half of Tract 223, C. D. Hillman's Lake Waahington Garden
of Ede~ Addition to Seattle Division No.4, according to the plat
thereof recorded in Volume 11 of Plats, page 82, in King County,
Washington.
END OF SCHEDULE A
NOTE FOR INFORMATIONAL PURPOSES ONLY;
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated
legal description is not a substitute for a complete legal description
within the body of the document.
ptn. Tract 223, C.D. Hillman's Lake WA Garden of Eden Add. to
Seattle Div. No.4, Vol. 11, pg. 82
PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC.
A.L.T.A COMMITMENT
Schedule B Order No. 557023
I. The following are the requirements to be complied with:
A. Instruments necessary to create the estate or interest to be
insured must be properly executed, delivered and duly filed
for record.
B. Payment to or for the account of the grantors or mortgagors of
the full consideration for the estate or interest to be
insured.
II. Schedule B of the Policy or Policies to be issued (as set forth in
Schedule A) will contain exceptions to the following matters unless the
same are disposed of to'the satisfaction of the Company:
A. Defects, liens, encumbrances, adverse claims or other matters,
if any created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to
the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this
Commitment.
B. GENERAL EXCEPTIONS;
1. Rights or claims of parties in possession not shown by the
public records.
2. Public or private easements, or claims of easements, not
shown by the public record.
3. Encroachments, overlaps, 'boundary line disputes, or other
matters which would be disclosed by an accurate surveyor
inspection of the premises.
4. Any lien, or right to a lien, for services, labor or
material heretofore or hereafter furnished, imposed by law and
not shown by the public records, or Liens under the Workmen's
Compensation Act not shown by the public records.
5. Any title or rights asserted by anyone including but not
limited to persons, corporations, governments or other
entities, to tide lands, or lands comprising the shores or
bottoms of navigable rivers, lakes, bays, ocean or sound, or
lands beyond the line of the harbor lines as established or
changed by the United States Government. '
6. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water.
7. Any service, 'installation, connection, maintenance,
capacity, or construction charges for sewer, water,
electricity or garbage removal.
B. General taxes not now payable or matters relating to
special assessments and special levies, if any, preceding the
same becoming a lien.
9. Indian tribal codes or regulations, Indian treaty or
aboriginal rights, including, but not limited to, easements or
equitable servitudes.
C. SPECIAL EXCEPTIONS: As on Schedule B, attached.
SPECIAL EXCEPTIONS:
A.L.T.A. COMMITMENT
SCHEDULE B
Page 2
NOTE FOR INFORMATION PURPOSES ONLY:
Order No. 557023
EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON
STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS,
THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE
TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER.
FORMAT:
MARGINS TO BE 3" ON TOP OF FIRST PAGE, I" ON SIDES AND BOTTOM -I"
ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. RETURN ADDRESS IS
ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS.
FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN
8 1/2" BY 14".
NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS,
PRESSURE' SEALS MUST BE SMUDGED.
INFORMATION· WHICH MUST APPEAR ON THE FIRST PAGEl
RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3"
MARGIN.
TITLE OR ·TITLES OF DOCUMENT.
IF ASSIGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF
SUBJECT DEED OF TRUST.
NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL
NAMES ON FOLLOWING PAGES, IF ANY.
ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION,
TOWNSHIP', RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED) ..
ASSESSOR'S TAX PARCEL NUMBER(S).
(continued)
A.L.T.A. COMMITMENT
SCHEDULE B
Pa.ge 3
SPECIAL EXCEPTIONS (continued):
Order No. 557023
1. RELEASE OF DAMAGE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY:
'RECORDED;
RECORDING NUMBERr
REGARDINGr
Owners and King .County
February 4, 1959
4993881
Releasing King County from all future claims for damages resulting
from: any, damage that may be caused by the natural flow of surface
water from the plat of J.E. Gatten Addition
2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOFr
BYr
RECORDEDr
RECORDING NUMBER:
REGARDING:
Renton Sanitary Sewer Department and
Keith Demps
August 19, 1994
9408191244
To connect to a sanitary sewer
3. DELINQUENT GENERAL AND SPECIAL TAXES AND CHARGES:
YEAR:
TAX ACCOUNT NUMBER:
LEVY CODE:
2004
334390-0860-00
2100
CURRENT ASSESSED VALUE, Landr $275,000.00
Improvements: $621,000.00
AMOUNT BILLED
GENERAL TAXESr $10,373.59
SPECIAL DISTRICTI $1.68
$5.00
TOTAL BILLED: $10,380.27 PAID;
AMOUNT PAID
$0.00
$0.00
$0.00
$0.00 TOTAL DUB"; $10,380.27
PLUS INTEREST
*CONTACT YOUR TITLE UNIT OR THE ASSESSORS OFFICE FOR A PAYOFF FIGURE
THAT WOULD INCLUDE ALL INTEREST AND PENALTIES THAT HAVE BEEN
ASSESSED. SAID FIGURE WILL INCREASE ON A MONTHLY BASIS.
(continued)
A.L.T.A. COMMITMENT
SCHEDULE B
Page 4
Order No. 557023
4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR I
TRUSTEE:
BENEFICIARY;
AMOUNT I
DATED I
RECORDED:
RECORDING NUMBERI
Annette B. Demps and Keith D. Dempa,
husband and wife
Pacific NW Title Company
Boeing Employees' Credit Union
~100,OOO.00
November 23, 1999
December 1, 1999
19991201000409
The amoun~.now seeured by said Deed of TrU8~ and ~he ~erm8 upon
which the same can be discharged or assumed should be ascertained
from ~he holder of ~he indeb~ednes8 seeured.
NOTE I SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED:
RECORDING NUMBER,
December 29, 2000
20001228001181
The above Deed of Trus~ was made subordinate to the Deed of Trust
recorded under Recording Numbe.r 20001229001190.
5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR;
TRUSTEE,
BENEFICIARY:
AMOUNT,
DATED:
RECORDED I
RECORDING NUMBER:
Keith D. Demps and Annette B. Demps,
husband and wife
Old Republic Title Ltd.
Washington Federal Savings
~413,500.00
December 22, 2000
December 29, 2000
20001228001180
The amoun~ now seeured by said Deed of Trus~ and the ~erms upon
which the same can be discharged or assumed should be ascertained
from the holder of the indebtedness secured.
(continued)
A.L.T.A. COMMITMENT
SCHEDULE B
Page 5
6.' Payment of Real'Estate Excise Tax, if required.
Order No. 557023
The property described ~erein is situated within the boundaries of
local taxing authority of City of Renton.
Present Rate of Real Estate Excise Tax as of the date herein is
1.78%.
NOTE 1: Upon notification of cancellation, there will be a minimum
cancellation fee of ~50.00 plus tax of ~4.40.
END OF SCHEDULE B
Title to this property' was examined by;
Rob E. Chelton
Any inquiries should be directed· to one of the title officers set forth
in Schedule A.
eCI Pacific Northwest Title/Renton/Trulene/B0091602
CCI Centerpoint Surveying/Federal Way/Steve
JXB/950420064l
C.D. Hillman's LK. WA.
to Seattle # 4
,.i).
GARDEN OF E EN
DIV.NO.4 J -.~ ~.
Garden of Eden
11/82
Order No •. 557023
IMPORTANT I This is not a Plat of Survey. It is furnished as a
convenience to locate the land indicated hereon with reference to
streets and other land. No liability is assumed by reason of reliance
hereon.
N
t
Printed: 06-23-2004
Payment Made:
L ... fY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA04-071
06/23/2004 04:43 PM
,'-
Receipt Number: R0403399
Total Payment: 1,000.00 Payee: J&M LAND DEVELOPMENT INC
Current Payment Made tothe 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 2125 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
Remaining Balance Due: $0.00
.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
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VOLUME/PAGE
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A PO.RTION OF THE NE 1/4
CITY OF HENTOi'T,
OF TffE NE: 1/4 OF SEC,
'U'TN',,,",,, (;QU"NT''?"", ':' '.. .1.'\,11' \.,;f -_ .1 , . '
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Acknovvledgelnents . . .
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Knovll all people by these presents that we, the undersigned ow~·e.rs
of interest in the land hereby subdivided, hereby declare thi~ to
be graphic representation of the subdivision made hereby, a~~ do
hereby dedicate to the use of the public forever all streets and
a v en u e S rl 0 t 8 hOlm asp r i vat 2 her' eon and d e d j. cat e the use t h.e reo f .... ....
for' alI public pur'poses not inconsistent 'Nith the use tl"1el~E;'bf for'::
public highway purposes, and also the right to make all ne~essary~
5100es for cuts and fills upon the lots shown thereon in the ~
clI"iginal reasorlE1ble grading of said stl~eets and avsnues. an~j ,
further dedicate to the use of the public all the easements~and
tracts shown on this plat for all public purposes as indicated
thereon, inc1uding but not limited to parks, (Jpl,,!11 space, ....
utilities and drainage unless such easements or tracts are ..
specifically identifiecl on this plat as being dedj.cated or' .. ' ....
conveyed to a person or entity other' tilan the public, in which ..
case 118 do hereby dedicate such streets, easements, or: ·.t.r.a .. G,ti3 to ......
the person or entity identified and or tile purpose E):t.s·ted. """"
. . ,.,' . ".,
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.. · . State of Washington ) ' ..
.'., )SC"" '.' •••• I • ,::) .' II. II. ".' rnunty of bnJfJ"1 i .' .... \ .' .'
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........ ".,-, -Thi.8 ts to cert;fy-'that on thiS·"_-.Z~:::_'_ dc1Y of'f3ei)'*-_,_:: '·~L:"'-. _________ -----, ~~OO?-';{ be fore ,ne. ·~tle' unders i'gned. a r~ot~ .,'
PiJb-,l) .. c, lJel~s0..Qally appear'ed _An(le.A±"~sQ.:f:.~~~__ .:. ~ ...... ,.;: .. ' --~.L~ Q~-i!,.1~~_!L _____ . __ . " ..... --.-.> t. 0 m·Et·.kn tll-'Hl t,o .
tJ8 the·.·.person (8) \~ho executed the t'or'eg~)'ing (jedica'nqn ane;) aCkrlOv.Jle.~.ged to me that.·-t'lf.....!L\...!,_._::i igneci tile. same as ':t1~'l":>_
"'. ,-free'\1Q,0d :.voluntary act and de.eX! for .r.r,B uses· .. and purposes:·
• '~'0" 't':hE"ti.'e-,:,' Q n ·1· 'Ion E' d ' ' ' ... ". '. .. ". . . "".'i " .~l··", c:; <, ... ~ j , • •••• • ,~ ... ,,,.~.,,.,r, ..... '''' I· c ~ , -, J ,'1 f " .' " . J:" <' c.' 1 ·t·, f . ~ d -"00; d .. ,,, ' .. ',j.;': .... -.,' > .,,\il.c)-::> my flc],l( cl.lC OTIC lq· ___ ''''~~<i--3-.""" li('3'.·,,,.,dY d.'! year .
.. . ,:;C·· ":',(:>',';';:;':' i'O"" :,~\;I", 1'.'r'l i'" {:on ___ "".,~.::::-----.-.-,-/,---,-.. ,-,:.",.., ..
I , ;:;.' ;i,~j .," ~l),~'" ,.! ~ _ I" ",; ~J y ~ IV •• · .... l...,. l-". _ ..... _.--.-_:..::::;:...-_~~_",~.,....... • .) •• • • •
',' ,;.' '~::'",,;,~,.,'~;'" (~ .. ~cil!':.-'-." !",""I'\" (, ~-,~-//'!.n ... _.,,-.~-~ ~ __ ._......... I. I,'.' , .... " '. ·,f-.;:~:T8"':;:' , , ., " . ·.It' \ % N'ot:a r-y PDo'l i c in~-~-n d-f ohi h.~. :J S t. t a a -. tt' e.... -o-::"f-
;;:~ ~" . >~:, /,:?-;' ~ Wa s tl in 9 t o'h, rEO'S i'Q'J:ng at ~ ':1 d J..r 4. .. t~_' AI II··' of _~ "" • I, ?" ,"~ ::: • • • • • '. \~'\.';1;.~ "·ro~'1·r",.':'r· I' II "" • "1 ,,'...., ~', ~ ,·.rn \J" -," "-"" ,_,1 , • ~
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Further, the undersigned owners of the land heraby.~~ubdivided.
waive for themselves. their heirs and assigns and~any person or
entity deriving title from the undersigned, any a~d all.~la~ms
,'. ' .. 'il,! ,.-.... ,.!"\..'~ .. "''!,.,.-;:..':..,. ~"'> 0..,,',""' ~/' '. I
" '1';1 «' ~ <;~ 1!!iJ:~"o' ~ , ,,\ \1 .-.... ,*,'l., "" 1 ","''-''... "ii.'~l~l;4~~T6va s: \ '\. " .
for damages against the Ci ty of Renton. it' s sucq:essor~:l·,'antf··,' ..
assigns which may br occasioned by the establishment,: "',
construction, or maintenance of roads am] or drainage 8;ysterns .
within this subdivision other than claims resulting fro~ "
inadequate maintenance by the Ci ty of Renton> : ""'"
Further, the under'signed owners of the land herebY .. ,sLJbdivit;i.~d, ::
agree for themselves, their heil~S and assigns to irf~emnify a·r'~Q ... :.·
hold the City of Renton, it's sllccessors and assigns·(,. harmless"
from any damage, j.ncluding any costs of defense.,. clai'm,\,!d by
per son 5 with in 0 r with 0 u t t his s IJ b d i vis ion 'q:1", ha v's . jJ e en'" (:: a used
by alterations of trle ground surface, vegt:; .. t'Eltion, ·d,..;.t;l',inage-., .. or
sur'face or sub--sur'face water flows wHhin ..... this sub[liv:'('~ion ·or:-... ' ... .
bv estabJ.ishment, construction or maintel::'ance of there raads ......... .
wit h i nth iss u b d i vis ion. pro v ide d , t his ::wa i ve ran d ..
indemnification shall not be construed pS r·ele.a··s··lf.l,Q the Ci'-ty
of Renton, it's successors or assigns, ,trom l:.iabiI-i-;ty for Q.amages,
inc 1 u din 9 the cos t 0 f de fen s e, res u 1 t i 0:'g in wh ole 0 r···, ill par t. from
the negligence of the City of Renton, it's su~cessors~ or assigns,
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This subdivision, dedication, waiver of :claims' agreement to ~old
ha!~mless is made f-vi th the free consent al1-d i.n· accordanc'e wi t\:; the .. . desires of said owners, ....
in wi tness whereo·f 'Ne set our hands seals: ".
by:
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Acknowledgerrie.g~s:
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state of Wasllington ) ''',
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County of . 'AlI.YJ ,'.,..),.. . . ...... .. ..
On this ;a.:o. __ ~ ·daY"·GJ.f~IA~~ :: , 2004, before me,
th~ lInder~ig~ed, a No·.tary P[j.bJ.ic in and :.for, the State 0P;~~hirlgton,
duly commIssloned an~ sworn, p9~.sonally .:appe8J'ed~lL ... ,I!..._ to me
pe rsona 11 y kno~ . (01'" 'Ar.o~.E!n.o[], the .. bas i::i 0 ('.::Hl-t.i's F ae to~y e vi dene e) to
IJ8 th~ m6( i:£J$ of'· ".Q;;Ail. ...• , .... ~ thE;; cDrporatlon tllat executed
the within and foregoing 'li'lstrument, and ackriuwledged said instrument to
be the free and vQluntary act. and deed of sai~ cOI'poration, for the uses
the purposes theq~l·p mentionetl',· .. and on oath s·tated that he was
authorized to ex.e.cucB· .. said instrlJm.ent and thqt the seal affixed, if any,
is tile corporate: seal'··of said cOj"f;10ration, ...
WITNESS my ~andand ~eal heretQ affix8~·the day and year in this
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City of Renton l:jlinance Director's, .Ce:rtific:ate: "" . ....... .,
I her e bye e r ti f Y -t hat t h.E;: r' ear e ho del i n q u ~ n t s p e.t i a 1 ass e ssm e n t s for
11hich i:he property subje·c·t. to thi's,·,'.subdivision ma'y be liable to the city,
and t hat a 11 s pee i a I a $-s e s 5>l1e n t S 0 ri··. 'pJJl y P r' 0 per t y" h 8 rei nco n t a in e d
dedicated as streets. ·.alleys;· .. Of' for ·ar.;;t other.·,publ ic use have been duly
paid, s,~tisfied, or di~chal~ged,"··.~.his ,,~-:,···,·.·0.?·Y.·'Df .~'/t~bt,&ff· ,2004,
!} ei'..,? . "". " '~./.f (::,4--f.·~·twiZq.;,ti?-' . ','. . ' ... ------=--..:--. ,'., ~-..&;-~~-------
Finance Director '.. .. .. ,'::. ',"',.
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":1. • • r;c7:J,'YJIc-e G . ,; '''''''''' . 2004,
·/;faot~ ·;q~)1X41!1:U d
Deputy, f<ing county Assessor
··'·· .. ·· .... "King ·C·o.~~nt;·'··Ff~~nce Division Certificate:
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i'hereby c~~tifY that all property taxes are paid; that there are no
delihquent sp~~ial assessments certified to this office for collection;
··: ......... · ..... and ti'i-@.t all spe.c,ial assessments certified to this office for collection
.... . '·f).n any of. th e prQ'pert y here i n conta i ned. ded i c ated as streets. a 11 e ys,
.. o~.'" f.hrJi.an·y",.dJther, .. pub,.lic use, are paid in full, this<rk day of , l \1 .'., if "'~ • r,n 0 4 . .. " .7 '-=) • },. ,vi,,,,,!-. ~".~ c.j...J :. I. '.' .
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• 'i" , •• • • • , . ""'-~'''hl''1 A' • ". :t ~q /~ '.' , '.' •• '. / ........ ~ ~..,.~"~ ,."....",-, .... '.' f( rq,..<'\ "!,, ,/' .... ,"7--£~. 7~..., P r--
• ~, ~,,' .... { ""t, LM..i:: ,,/~~-.<,c,..A:-... ,.> 1 ___ ._.~ .. ' ,?",<>,"(':A.~ __ ... , ___ ~ '.' ."",.,.,,.P' __ ~ .' t' J'-:. ",-:t..~.. ~ _-_.~--,.~
. , " Ma~g~:r' Ft~ance Cfi \('1,'~ .. ~?t1 tlepLlt y /? /
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cert i ficate .. ab. Q.,V:~;,;~.'r"l'~ttien ...... '.. A! . '~:''i'' _ .. -' .-':'::.:/~ ...... '\ .... ,' 4/.:'\1,,'~;::):r.-1/ .' • ~~ . .L4JJiS3L-J.i:C:1'l'!="":'!~'
.. ·;(~,,,t~:·':·i:-\~;;';~ "~;;':'~~';I' iii • N~ ttr'yIp u ~i nan d for t h eSt ate ,~: (r-i"'j?t:;':":';io,;<2~,;::,}~~, '~/ 0 f ~J ash in 9 ton, r 8 sid in 9 i ~ KCM..""i'~_
::~. :O!,'J'.,;. ",-~t. 1,!",. '. ,; ~omrni co '; on exp il'eoco ' ttdi.~ ... ·CL~ ;, .' .:(,1. ',",:"'.':;~:; '::~i. ", _~'.. . G 0_. ',-:)'~' .' . -' . "--------
. ',' ,': ';'(~\'\ '\. .? ';;"0 ,-'. • • • Print' Notary narn-e-----·--
:::.':< i';~~~~;'~:,,~:;:~~~:~~~~~;)~~/:·· . ...... .. '.' ."
State 0 (: Was h J.'ng:t,Q,~\::, :.:,") ....
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. ' . . . .' C t .. f J//.~:.: . ".' ') '. '. Dun y t') ~ . .' \-"-'_. 17:;-' j). " :, On:,th~S::~~ d(:l.y of ~~-.J ___ ,,_-, 2004. ~ef?re me, ....... ..
the '-,Jnderslgnecl.~. 1;;1 P-lqta'r'j Publ1~ In and for the S-cate of Wasillngcon.
duly corniUissio.rl'ed (3'-nd ,sworn. pefl'sonally appeared5ItNb~a.. :.:r ftlQAJtU me
personally known (or .~roy,8n ,on fo..elasis. of satis'factciry evidence) to
be the Its.;,j-:: M91 'IJ·.f.cJ~(,,;t;.:.·~_W&...('. the corporation that executed
ths','within Cl'[ld r6Fegoirig insfr\ilnent, and acknowledged said instrument to
be-','the'tf,ee and.:··,ioluntar'y act ,'pnd deed of said corporation, for the uses
tf.le purpose.s ther::~in mentione-.d. and on oath stated that he was
author ized t.o exe'c::lJ.te said 1Rstrument and that the sea 1 a f fixed. if any, ii~the corpo~cit? ~~a~.Q~~s~id corporation.
'~ITNESS my M~Qd and'~eal hereto affixed the day and year in this
cerCi Ot;:,'?te above' wr,itten.
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R.ec,ordBr s Certificate: . , .-"'", . -.
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. , ,.-:: , .' , Fi~J.pd :.'for r.'ecord at the request of .the City of Renton
D·cS .day 0 f.' O(~--r-, 2004, at.!~ ... ltr .. M'L'l1inutes pas t and··.r:ecord~d ill volume ttZ2.3 of pla1fS,' pages OQ1() ~
records of King County. Washington .
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',' ..... Oivision::,'of Ftecor'ds and Elections
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' .. Superintendenf-of Records
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t·6,.)l.d Surveyor' s Certificate:
" .. ,'.... I he~·~·tl.:y. certi fy that this plat of Par'kview Homes is
....... base d on···.'\3(l ae tua 1 sur ve y don e by me or under my d i ree t superv is ion;
··t.~at the 060r ings and distances are silOwn corr'8ctl y; that the perimeter
mcrt.1t,Jments j1'ave been set and that a 11 other monuments and lot corners
hav~~bsen·~et Dr bonded with the City and will be set prior to the
release·.·.o:f the bond; that I have fully complied with all State and County r~gulations governing platting and that it conforms to the
approved preliminary plat and the conditions of approval thereof .
oods, P,L.S. 38965 Date
INDEX DATk .. ' '. ",', ' ......... . ... 33701 9th Avenue South
Federal Way, WA. 98003 NE-NE 05, T23N, R5E, WM I " '. • ",' , . '.
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LUA":'=,"04-07'l-FP
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EXPIRES 5-23-2005
Pointe (253) 661-1901
Surveying
DRAWN BY: J Kies~~etter CHECKED BY: S Woods
August 1 1. 2004 JOB NAME:
1-------.:..--
DATE: 2225
2225 SCALE; NA JOB NO.:
SURVEY FOR:
Mark Rousso
4734 Northeast 4th Street
Renton, WA 98059
KING COUNTY, WASHINGTON
SHEET 1 OF 3
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i~ PO RlT' 10." 'N' (0 F".'l Tn-H-F; -!\J'i:j' "'J, / 4· 0 Fl rflHH-; '_[\TR ',' .. /i4 0 'f11 :-::; Ee, . _C'l \. _" _ .. " .r 1 .... . .... .1 .L.iI.:J , I ~ ,. 1 -'--' 1 ~ I ,t.~,
('i fT" T 0 r.1 R Ti" N'TIO N J.J. l. . Ii 1, ,1...1 _ '. 1 ~ , .. KI1\rG C 0 UNT~'{, .. .... .
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HNG. 5:8;---··.W·, M.
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·WASHING·TO ~~" ' ..
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LegEll J)escription.:
Thp East hal f o'f l'r'''''t C)'':l~; C r H1']] IT' sr') ',-'a' 'Ke l'i""-'lJ'-lg'-nn I -' .• ..... (':.I'. ... ~ c_c..~:J~ .. .1 ". _ $G ~::J t._. (ovl.l, c....,
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Garden of Eden Addition to Seattle Division No.4,
<'lccDr'oing to till'; plat thereof f"8COf'ded in Volume 110'1'
Plats. Paga 82. in i<ing County. ~'JasrliflgttJn.
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The monument control shown ~~~:~his site ~~~ accompli~h8d
tJy field t.f"8VerSe util:lzing·.'a O~6-... (l) secon . ttl80do:U __ te
Wittl integral eJ.ectf"onic d·j'stance ·m,(i'.asuring :rnet~e.r ..
B·· ~~.;~ .1 C,\. ..::, .1 .. _ of Bearirlg:
True Norttl. Based upon GJotJElJ Positioning ~3yst8m (GPS)
L.amber't Gr'i.cI Wasllington State I~of't:h Zone coordinate:::~. A
convergence angIe of 01 ·00'24.745" counter· .. clockwise was
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applied at an "X" set in a 2" diometer brass disk in a ... ·.·.· ...
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monument. case at the intersection of Northeast 24th ..... . ...... .
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(Geodimeter 600) ant] Real ·:J.,irne fOnenint.ic (RTK) 1·· ... ~1t·Eitic
. .' G loba 1 Pos i Uon 1ng System (bPG). Li ns·a-r. .. cmd ang~.Jl·Gfr"
.... c lO:3Ure Clf the tr"aver'ses meet ·the standards of leJ:4.C
.. 332-130-·-090. ". .. ".
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2) ::: Fu 11 f'e} i oilce for 1 ega J .G!o1:.;£;·/,': _~ p.ti on'5;·. and f'ec ord81:! easements
.. iliJVe been placecJ on the.··tiUe r'eport f'.r-;om Pacif:l.c i'.lor'thwe::.lt
.. Tit 1 e Im3urance ComparlY CO!T1rnJ. trnerlt-·'·;'Jr'deF-·. ·.t,lo. 5.5702],
.. d -at-e d Nay 'J 4 ":)004 'Ntl add -1 +, on d 1 r'p ": (, ar~ [';11' .Io'·asb ee nat t enl~) ted. • • c: __ , ~ ~ c ..., '.... . _~'.I.' r: .. ; i-' . ( ..I •• 1 .J '-t .
..:.3) Offset dimensions srt-own her.~!;J.r':\ ar'8 mea'~ured perpendicula,~
::. to property 1 ines. ::. ::. ":",. '"
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..... .'. 4) !\ Dec larat ion of Joint Ac€ess, U·t'il i ties'. and Ma intenallce aqrezf!Jlt
.' . Street and Edmollds Avenue Nor"theast. The No!~i::h '. . .... .' . American Datum of 1983/1991 (NAD 83/'31) grid coordinat.es ' ..
I'lere found to be 190155,783 / 1306224.718 at trlat ht·Oint. ".
The tnverse of hot.h the sea level correc!:ion factor of ' ..
0.999988168 and tile grid scale factor of 0.999997554 '/'Jas.-·· ........ .
applied to t.he grid coordinates for shol'lIl ground Y·istanL~·Bs. . ..... .
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Control .',
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City of Renton control point 1837. Control point lGB7
was found to have a Lambert grid North zone conrdinat~.
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of 190468.590 ft./ 1306227.672 ft.based upon tt~.NGS ~~~d.
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City of Renton control point 3G9, Control.-p·oint 369·····.·. . .....
\-Ias found to have a L.ambert grid North zone coor'dirirJte·····.... . ............ '."
of 189091.951 H./ i306215.;~~19 fLbased I~~'onl:he NGS grid'.. . .. .
'Utiltty Easerrlent Note: ,
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An easement is h8reby reserved for and c''qnveyed to the 'I-Ci ty o'r
Renton, Puget Sound Energy, Inc., QW8St Ie 1ephfj-he Company, ;
Comcast Television Cable Company and thei~ re~pective sJccessQrs
and assigns under and upon the pr'ivate straet'6. if an.;x, .. ::::lnd t~e
ext.erior ten (10) feet of all lots. tracts ·a.r.id space.:;} '\hthin .the
plat :lying parallel with and adjoinj,r.1.g .all streets i',n which t'o
contruct, operate, maintain, repav'-.· 'r'e'Place and 8q'lar'ge ....
underground pipes, conduit, down guy anch-ot--s. cables and wi'res with
a 1. 1 neces sar-'y or' c orlV8n i ent under.ground or' ·gr.ound·-·rimL\n teD .....
appurtenances thereto for the pu~pose of ser~l~g thf~:~Gbdivision
and other property with electric·: g8S. t.elephone..and other
utility services, together with ~he right to ente~·.upon the streets.
lot~3, tr'acts ami spaces at all. ti-rnss f.(;l.!:",'.·.t.he purposes herein st.ated.
Access Easernent·:
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WHn8S~3etrl that said grantor (s1'-: .. for val'~'ab-le conSid~ration. i"'8ceipt
of which is hereby aeknowlRdged, "'hereby grant~ and conv(:?y:,; an
access easement over. acros",·,. and (jP9.n the pr}v~t8 dr'8inage
easements shown on tJ18 fQ'ce of. this p·l.at, per an·.e.ngineer~ing plan
approved by the City of Renton::a Municipality Co~poration of
King County. for the pr.d·ject knoi41l, as Par'k.xie11li H9.mes fOI' trlf:
City of Renton as grante·.~. to entef'· .. upon sa~d eq'pciYIent (s) for the
purpose of Observing and tnsp8cting t.~.e facil·.:i:.~~8s to assure that
the ownel-' (s), their' successo~s and assj''9ns, ar'0' properly oper'ating
and maintaining the drainage facilities pwrsuant to the above
referenced Plan and contained I-IHhin said . (-9'asement area (s) . . .. .. . . . ,. ' .
The covenants her'siri cci~tained shali run wit~'the land and are
bind ing upon the gr-.antor (8-1. its he irs, . and .:a 11 su.bsequent owner' (5)
the reo f , for eve r. :'. ". '., .:; ','''. ..
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----... :. NE:J]"rFr '''T ....... \ ___ !---\'.
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1f--f--_NE"","",,"24.TH __ S_T ___ .,.f.: •• ..--. -.f--!,''':''': '::., I ::
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,': .' ~ lU,'. ~ ~. NE 23TH ST ..
--:"~' • tJ1'. rn • . . <l. •• ' f---. " ';2!:.: :z: "! ~ '. J''--------~ '.. '.. ~ -~~. i6¥~~S~··~~~~~···· . .-.~ ~ -'.. ~ I I ..... W V t '\ 1 . ....... . :.::: ~.---(L ~\r-
g-:. I / o .. V
.'. t , Va" ----v-• . -I. . . . r---,
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-• !.J-;---t---'---....J •.•••••• ' ••••• '. J~~.-.... , . ',:: ·· .. ··L -j
··~ __ ~ ______ ~~ ____ -L ____ ~~~~I
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.... : ........ · .. ·····:.·......vtC1NITY MAP
. .,'. ..... : ... ···· ... 1"= 1/4 mile I' . • ~' •. '
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...... "..... has been filed under.: Kj,ng"'~:Junty R'~corclif\g No .. 200~J.Qt~~J,JO:"" (1'
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5) The O'rmers of t.lle lcm.d embr-a'c;--r;:d wit!:1in th-is plat, in return for
tile bene fit to ac c rue I .. ,t rom ttl is', ·.s.y.l;1.d i vis 1'an, by sign i ng hereon
covenant and agree to c..:;mvey the' D'ane f ic fa 1 interest in the
new private eas~ments s~Qwn on this pla~·to any and all future
purchasers of .':tHe-.. lots, df:.,. of any subd~Yisions thereof. This
covenant shaH f"un .... I:Jith the·",·.li3nd as sf)Q'wn on this plat,
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6) The Oil'Jner/d~"veloper, "·5I:1.a11 def·e'rid'~·".·-:l·~de.mnjfY and 11Uld
the City of ·Pe.nton. its".qffic.l2r's, officials, employees and
vo] unteers hai'in.less from "any .'a'nd alI claim, in j ur ies,
damages, :Losses ·o.r suits iriC-,ludl'q.g attorney fees, arising
out of or in conn~ction with the tbmpletion of all
required public f8C1~jty improveme~ts for this plat.
The CitY,· .. ·fj 'financial 'ci',iligat:Lon t~: construct any default
pr'ivate-,'ut'l·.lity facilH·i'.t\s and pub·l'-:i.c infra5tructure for'
street.s, watia-i;' ut2hty. 5:anitary SE!WR[' utility. 01--storm
water~Utility"syst8m is l'imited to th~ face value of the
bond ~he owner/ijeY81oper~~as posted i~ lieu of the
requ i red pub 1 ic i mprove.Ulsn-t,·" /Jia.·, Cit y t;eser yes its
un i 1 ateriil'.l r igh t to'· ~ 5'.tcib.li sh,:.-thE\ s chedu 1 e for construct:l on
of default~4 plat inf~ast~~ct~r~i. Thi~ statement is legally
b i fl11?,ng upoh· . .,the heir'S, ancl!:.or a~?..ign~.: of the owner'/developer"
su!:rs·(9.E;ljJent prci-p'-?rt Y owners and thS·\i.,r. .f.:ie irs and/or ass igns.
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N'otice: Aqu'-ifer ·p·~.ot~·.ctiqn
The lot~"··c-.reated ~;·er.ei~·: .. ·f/.o1-{·wHhin '~zon82 of Renton Aquifer
Protection ":Ar,ea and a'f,!8 sU'tJ'ject to the requirements of tli8 City of
R81"]):00. Ordin·an.ce No. 4667 ancl'i·.as amended rJY Ord tnance No. ~ 7-4~), .-. ;f.h i·.s city.::s sol e S'I:.H.1 r' C c "·i'):f cl r':i n kin 9 wa t 8 r i 8 sup p Ii 8 d fro m ..:.8' shallow ·~1'QuHE1r".ullder ·~·h8 citY:::hiurface. There is no natural
.,' barrier betwB'.em ttiB· ... wate·r t6t.;J.le at,..d ground surface, Extreme cape
.. should be 8xer'~ised 'VJtJ~~' h5fld'1'·Hlg of any liquid substance other
than ... water to pr.:otect ···f:rom::CDnt'a.·r:t with tIle ground surface. It is
the,'.hcrF11I.3Dwrier's r<[;')spons ib q H y tu: protec t U18 city' s dr ink ing water.
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'" D~~ainal3e E:aSerrl~;"A't f~estrictions
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...... S.t:l'UC tures.,.:::,·P i 11, .Dr obstruc t ions (i nc 1 ud i ng but not 1 i mited
t.o decks.:·:patios, :.outbuildings, or overhangs) shal1 not be
.. '.' " permittee beyond ·the bui lding ,';ctback line 01" within the drainage
........ easement·s. Add HJ'ona 11 y, grad 111g and construct ion of fene ing sha 11
··.~!ot be .~11Dl-'Jed .l~i thin the drainage easements sho);1Il on thjs plat
map un re-s·~ .. otr,ef"wise approved by trle Ci ty of Rent.on.
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INDEX DATA: t . Centre 33701 9t.h Avenue South
Federal Way, WA. 98003 ....... Pointe (253) 661-1901
NE-NE 05, T23N, R5E,
SURVEY FOR:
Mar!< Rousso
WM
,-I ',', ~':. I ." •• ·f. Surveying 4]34 Northeast 4th Str'eet
Renton, WA 98059
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LND~'10-0398 .' .' . .... .'. " .
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EXPIRES 5-23-2005
DRAWN BY: J K i e s \'18 t t e r CHECKED BY: S Wo 0 d S
I--~----------,f-.----.~.--------j
August 11. 2004 ')OB NAME: DATE:
I-::S~CA-:-:rli':--•• -----""-1"= 1320' JOB NO.~
2225
2225
KING COUNTY, WASHINGTON
SHEET 2 OF 3
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City of Renton # 369'~.1
514
••• '. I, '. ' ••• '.' '. . .. . , .. ~ Centre 33701 9th Avenue South
~ Federal Way. WA. 98003 '.' .'. .. ' .. .'
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. :{SCALE:
1" = 40'
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EXPIRES 5-23-2005
,. Ii ~ p" t (253) 661-1901 ~ ~ ~ Oin e
Surveying
I--------.. ~----.-------------I
DRAWN BY: J Kieswetter CHECKED BY; S W 0 Dds
--------r----~-------I
August 11. 2004 JOB NA,\lE: 2225
SCALE: 1 "= 4 a .. JOIJ NO.: 2225
House Aejdress
Total Acreage:
OVERALL -76890 SQ, FT.! 1.765 ACRES
DEDICATED RIGHT-Of-WAY: 9710SQ. FT.! 0.223 ACRES
lliDEX DAlA:
NE-NE 05, T23N, R5E, WM
----1
SURVEY FOR:
Mark ROU550
4734 Nor'theast 4th Street
Renton, VIA 98059
~---------------------------~""'~'---~
·KING COUNTY, WASHINGTON
SHEET 3 OF 3
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