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LUA98-154
ESTA TES AT HIDDEN CREEK BEING A PORTION OF THE SE 1/4 OF THE NW 1/4 OF SEC. 10, TWP. 23 N., RGE. 5 E,, W.M. CITY OF RENTON, KING COUNTY, WASHINGTON CITY FILE NO. (LUA-97-050,PP) SECTION BREAKDOWN 1 SECTION CORNERS VISITED JUNE 1998. FM/C CITY OF RENTON NO 159 NOT SEARCHED FOR OR FOUND 114016 CFBEMKT KINGKING COUNTY GRID X.A. 75873.COUNT 7 KCA.S. x=r,671,2JB.85 4 N 8BJ901•W(H) 3 X=167J67Jn GRAPHIC SCALE Y 18637110 O N 8B 7B3r W(H) O Y=IB6,Jf0.99 AEEN MEW%4/NG OF CORNER AND NW.COP SEC.f0,2JS 40 '° 2636.68(Cl )l,H PROCEDURE USED FIELD TRAVERSE (IN PEEP) • INSTRUMENT USED:LIETZ SET 3 SN.020810 Si S PRECISION:EXCEEDS STATE MIN.STANDARDS PER W..A.0 312-I30-090 1 1roh: 40 tL 3 `, . fill U ��" i ,'a I oOh -14, • h h o LEWD o b !. h 2 • FOUND STEEL REBR AS NOTED M • SET I/2'x24•REBAR WIN CAP NO.30937 m N N �C a N Z N 2 0 FOUND MONUMENT IN CASE IN JUNE OF 1998 2611.28'(fM H) m I * SET KING COUNTY MON.IN CASE PLS NO.30937 2611.43'(K.C.) 9 0 BSBL BUILDING SETBACK LINE FMIC CITY OF RENTON NO/848 N 8820'11 E(FM,N) Floc CITY OF RENTON NO.1849 P.U.D. PUBLIC UTILITY DISTRICT N=55989.266 METERS N 8820'01•E(KG) N=55,966.I78 METERS (H) DENOTES HELD E 399,706634 METERS E-400.50423J METERS (FM) DENOTES FOLD NERIOE0 Z125.359 METERS NAND 1988 KING COUNTY GRID KING COUNTY GRID X-I,671,236.85 (L) DENOTES CALCULATED DATA '•T NORTH i/4 CORNER SECTION 10 Y-1,67,236. _ P7186,37110 (K.C) DENOTES KING COUNTY DATA i1 7/4 2637.88(CH)TOTAL (FM/C) DENOTES FOUND MONUMENT IN CASE AS NOTED �,___Noe�7 ii; iJI8.94J/t' N 0011879•E ' FANG I 7 _ T r 8LCLINK?SETBACKS 11'7- 329.31' N 0090'76•E I 20'.........FRONT p 5'............SlOES —N O7gpY6• I E 0 06'SB�59• I a>3g�A AKA 387N AVENUE SE ESTABLISHED PER ry_I i R_1600.00' I �`+�`l`IAA LL AVE nE 'ry -- N OOD078•E N 00D0Y6•E KIRING COUNTY ENGINEERIT OF WAY MARGIN NG/DEPARTMENT RIGHTOF WAY MAP _ • "SE/287N STREET TO RENTON-ISSAQUAH ROAD SURVEY NO. 0'% f0-23-5-ID SHEET 2 O-3 DATED 614-1966. RIGHT OF WAY MARGIN N 07TI076•E L=155.0�' `"i 5725' =057443• SEE SHEET 1 AND 2 FOR NOTES AND 5725' R=1642 00' ADDITIONAL EASEMENTS AND RESTRICTIONS ------ ---- 1530' n.� LOT 3 I 1 ro LL:077�u• L=s706---- �_56-io.- ..-A 7 . L07 4 47.91-1 r----- dh / N rn 5,672.89•N, H- 5,636,sq.R. a LOT J 3 3 6I0.sq.ft.�hp►,�1 JO z i 2 a N n5.625.sq.N:oN 5.531.sq.ft. I LOT 1 -4.4S' . `. e h ---I L_ 8 8 _ Ix� a ----- __-1LI Lz I ZI 18=' (a° .?'$, z o 3 ;,� 47.33' -- __0392'42_-p=03V2"I9_ 4" ZS•O?,1 t L_ n m H -57.13' L=57.01" -- 42.55' w Id N 0 h R='075.00' a 8 Io2or o o7zr'4 N z z � R=1f00.00' N 00175"52•E L. 'Fae h L=141.33' 56.37' 30.01', __ 5730'_ d. R=112500' `, �r _4222" .. w,s ES E.P ClER---1W 1v =q0. ---°=O2'S4J3•--p=025473• 40,36: . %.C;3'P�wsy;4R`r A I—= 46b2• _-- V•ta 'fE"FP .A�_,NT�.3 c_�sor L=s71z' L=szol' m� cT,J4�_N - 1 I I 1 r=15.J5�5.`.y}i 30' �44 4 Nco 31 I•n 3 I 3I I P440t. / e l`, ppZ n g '."3,I I I ',"•� �y ',711 I T IO 3 o S i.AAta LOT e z LOT 7 HI Im LOT 8 �N LOT 9 NI Ile ,i..... z 6.301 sq.N. +5.876.sq.N. ,,NI I 5.503.NA I 5•284.sRft.�I °i 1-A6,4448.Wt. n_N RR / MIMS••:/07/2000 L J L zJ L J L zJ L z zz, Fora Isr REVIEW J0'WDE WATER EASEMENT PER A.F.NO 4929605 (TO BE ABANDONED)J L. 57.02' 57.02' 57.02' 57.02' 70.98' 30.01"L --P • N DOV3'57•W • ~ F-- .) I SET IRON RQD AND CAP OID WR£FENCE ALONG LINE 329 09, I = CHARLES E.PORTER SE J09J] SBBR2'JT"E, 0.25 FEET FROM CORNER. N 00V3'57'W I 30' : PROFESSIONAL LAND SURVEYOR (CORNER OCCUPIED BY 4X4 FENCE POST) I f0 2002 I•DTH PUCE 8E LAND BLBOVEYPIQ UN PL ATTED 0_L-- ---- BCTI-ELL WA.,Mernz CONSTRUCTION STAKING (425)482-0482 WI/4 CORNER 9 SHEET 2 OF 2 ` )4e2-0463 FAX o __ NW 1/4, SEC. 10, TWP. 23N, ROE. 5E., W.M. CITY ACTION NO: LUA-97— —FP �'�Q^f+__- +� '�'� � LAND RECORD NO: LDN-10-0328 -Tr WIMP/CROSS(LIJfI) �_ 138T1 �/�'z x-T2*BRIO FLANGES(,m./� A rC. VL.`` AF1E1,ILL 1FS1M4 axME1B ,ZB =•iM•BOTIOM r/Y N110) 1-10•PLUG(M)11/2•B.O. y Br Mr�,C ossreElB `` OC _ \\\\ yy W U 20. a _ - ':••sir r�FiF \\\\\ ..............\.... ... ORr ` E-.,)aD.�F A01 w OJT II wwn o w + p .— SCALE:A24'FIR 36 FIR ______,zi c. _ ©'• 0 20 24"FIR =IR *(, OLD WOOD - F-ArtaIrit zz _- / i a a sJ 3o FIR W 24 FIR 4 TL 7 I 3 • 411�, .•� 30'FIR 2-SgOIE]/a• d•+1fF'(MIfU)`\ 2-MO 3/4" C 1 A Tr `` E r-i'.+a' )M LETERG LOrs atl r COC. METERS.LOTS 2!3 FO Op _/ ill--_ E-aaxo R1N wcaa 411 54 AO ' ini/r , I F Y ' E. (V'.1.4,4..0141 M$ p'''''L 6 _ —_ __ E '"u(-'?4�>, D EA,M hI.3-106R H z au E•H2Q. iri�.. 1' E� !N tta2 3(YR , I E- .b I ' I I~iasi-if m i w 1. gIE �BBaw�� ,. RM .a:a{y.M.:w Ah r rAP•:• ,o•: - � ,I EiI -- e'r Y• µ'.©MI ,` E +1Pq-(«Mw.M,i((r1 M "PCILY-PIC"III NEW ii. Ili LOIE � 1 III TEsnNG DETAIL 30"FIR 3)1i.45- �.•+ E-413.00 'r , / I BTA 0111.44]1/RT. sE1D tER,RE POI S(T >AIaE]/a•_ \1 I STA TAMING w(Y T. fq y� DA 1 ME!q Lot t0 I 1riE!T T 1FE PER RATER IE •\ COSMIC MIFII lB[ x R `r 30.FIR 2-9qE 3/1' _ .E.�giBB \ TA 0. - T I`, _ I •/COIL BIR0. / J / ._ q 40METERS. k] NOT T0 EXCEED 1/2 I .� Of yAMF,qEG AFRR ALL PRESSURE TEST.CLEANING BY 7O.Y-PI0•. i B ` R s / Z- ]1' ,_ •DISINFECTION.REMOVE TEMP.!G•BL00010• 7 tors �XRS \ CORRECT OT COST.RATER w114 SOLD S,EEES(M) d _ // ,%Q �NEO \ ; 1.1 I •SPOOLS As REQUIRED. O I FINAL CONNECTION 2•RCP CUL9EgT �� / gQ' T �T�8 1�� a11.90 / I -/ Ir\ - • - • 4 \ ' 1� ,APPROVED �. I I L I�fl'LIYuA—DATE.** 9 7 -- --a18- Ir�fl�l S-?7�6�� e-1 _ Y __ --__ secngN vlEw B 12•RCP CULVERT • • ■ r r REMOVAL of TAOLY�IQ' r• .. I u�.v �_ IE=411 f5 ,-Cd VERTICAL CROSS NMI) oRATT EX W; 1-!"ELM FLAME r/Y TN•Y PWG(ON TOR) R-alz.M WW1's) I IE rii 05... OS,W our `Y.K.Oy ,-B•REVILE•/I.M-VAORY RELEASE ASSY.PER I A ',or%.` p I-s-OTT(mow)r%Y TEM•QMY aor4-vi ASSY.PER "'I - r K.•. 3 CITY S1D.ORM- V, v' I-LV1C BLOOOIC s O CONSECTIOH DETAIL 0----SS— l;,,i - N.r.s. / TTT .0 w IwN RTrr•,.j7-37�6 AEnSMITOT.Lau,la i =""„'.',A a.•R. I'IIt I1;RI It.Engin�eerillg,Inc MO OJT Mom CIA) ."'"'4' (Ec.:.1i" PB JOB NO.STOOL S (v•IPM M Y'y 1 NW 1/4, SEC. 10, TV/P. 23N, ROE. 5E., W.M. CITY ACTION NO: LUA-97- -FP LAND RECORD NO: LDN-10-0328 I-11 11 440 MO W Oi g E x. 5 -I. .V. Irti d ,0J 5 Cr5e 4 7 4 ks' .--8 "4"'°*°*°"-\______________— %A• 1 ‘• =SUZI:=3 • ,,, :/ - , - . WM ..,,— 420 II 0 lie4741....„.• ...--- z E.011.1. 4st•ME CM)M 4t H ti.1 ti..4•00,416 1--.EFGV .i rl I.I. . .4.11%NW 420 _______ -_______ 3101..' • . 420 i• ee u• t3Ear 12'50 S•4411/6- 0 • NEW n'S — 410 trey I IMICi2.114•ENW ' I 4‘1,..•OA MI ...:E :=),::::.1.1 Lr. . • 4,4 1.04 60 410 410 [...4 ...2 0 0 Si 1,412.(a".-4114/0011 k:z46.4.4,%)4,..... .• 14 ' DATtal ILLICV DATUM 12J7 DIM. ,_,G.4 c,. 400.00 406 00 46 i i V▪ " 3+00 2+00 IFTH DRIVE NE 1+00 0+00 0+00 1+00 LOT 5-PROPOENED WATER sc'E' i::iPIM) SCALE 1::MaNIA) r APPROVED 4 . EITihieder__DATE e .R i 1:1 • 1 .'.- . . .. tx 440 0.1 — 0 ?_3. ; . 5 .<2 :1 I 1,1 1,31 EMSTING GROUND-\ nu 121111.14.1.177L' . '' __ " ' --------------- 10 _________ \,_ 8S.' _ _____ __ _________ -, mod tr...al.%AO . ________ "4.444E"AN il f. w r A . — le"DI NSW WM 420 E E.401011 4,4.SS 1,4o 41E1..4.4/4 • E".6616 ASV 4.it L.1.4 IE.421Nit LC re it .,414..towCe3 6 :44S=.0e . . .. li8 fl ; IMAM KIN 41o.oo II ',•;• . , 7, :, - , ; ; -74 e 41P% AA E 13+00 12+00 11+00 10+00 ElEITH AVE NE 1,•\‘‘ Id SCA.LE ::r06) l'iiii).11 it Engineering,Inc. wo-o.-4704, I' ? c:43;-:,z..s.., ............- — ... ,A,-.71,7.f,_,,,,, werv4R111 PEI JOB NO.97001 i. I.N>m NN.o.AEK.c0957113 PM ry m 44441 ti .9 .isA ROAD &UTILITY PROFILES 14441 ''-.' : CITY OF 5^^" RENTON ESTATES AT HIDDEN CREEK .w .,N.d I CCM PIam_9y/76, aivNak Nadi Dept 97001 ND. PENSION BT DATE APPe tom tun. IID>W9 ZLnm II m P.E..054I411410E 5'. 114 M V v PROP.ME - PRW.LK _ END PNiT. �. END PN1T. r afh .. . ... I r ,1d°9e • �,. s s „- I it 6 i '• I $3; ,, I' 1 TTY ill. yy ENS:2452.50 t( yy II....ENVSDc 2452.50 411S -: 'i -g' . . . _ .. .i.....Eansm-i . AP till, f II4 � .$.• ISP4 ?33i .w a $g i 98 8 '„ E E 8 ;pia a"q� I g '1. ... s". �� i an i EPICS 1ysg 1 \ 90 i BM*1N.11.e0 f�Sli( 50 a15.n ; IOU:41975 I 9i I . NI .�d�, ; : ::I I , . ,E _ I ,may I I a \ * 11 > ��. 1 1 A >, I -'t 1 . 1 t y vai.°L A8 s d. 6;" - j... ...I 1 • w) f ki y:t Yt. I' PR eTA •0+50 ,�7� ' PR e7A .ae0 N �2f.9� ✓{ k \ N PR ass.♦n.,. A""A ` 1 PM NOV.♦E2.94 IF I> tt t\-112L--- Io I�. g Frri g o 8 .2Yd. -AS' r 8 41% . lit s 9 STA p 00 13615 O s[G -STA.l.eD..e 13111 AVE.NE EL-413.94 • ^19 o 88 PO b1SMKE If L4423.P4 3,?C p.F3 +C 'a3; 111) 0 V a 0 O► I— O z L li f m �D _ A !R 1 Appe 4F 0 z T T 0 z vv z0 it o.. I— vD z1 A V 0 1 OD; i e ok' NW 1/4, SEC. 10, TWP. 23N, RGE. 5E., W.M. CITY ACTION NO: LUA-97- -FP Ic. Ir-- " LAND RECORD NO: LDN-10-0328 N SEE EROSION CONTROL NOTES SANTARY SEWER NOTES AND BPECFIGATIONS - - - - - - t THE OTT OF POD. PROECT PIMA.PR rw<>a®p M NMI , O> /..M 1.0 o]"o'..o"10..1.:•.,a"''o.. or a,.Cr o �s a a• 2 ALL m. CONTROL r aias MUST s COW LKWo MO x CPO..PROP,off w Z.5'-- m- --05' D.5'�• r r]CIS' uoN1"amnuc,oi "a �]. W m F.D. ..R"4.1 11 MINI.w A SAT. M w S_ ,AO ¢n,Na(i.ST rr�ia.0�w OR 1.110.1.MOO IMO W "piD.�2 A�.R iDDIKMsw,POTENTIAL wmo.OF p-SITE w ox'N•S�K 1.))n now lb.u]m J r,m.,A,gL .Smn.,•np .b a AND OF ROO.U11 W.W.I.STA..f.mt•1 mr.Acmrs va>{un �{ WW o�i�,[M rws®irz.w c 000.6�`iv".019.1100 NO 11011 i•"'xwowLm SY•10110ENTANTE Cr MI CITY Cr m • a®�a 5 •`• O± AM 0ARI NOLO..ma.ucn..N.ru MCI A JH .�..Ni� ��ix rm'.r . rzD.ACILITES M.SE WYSS.TO MM16 ,.MO m MO.QOMMY l� ::�.s• Y ... .L, .: Q H O.XM/'% T*D.I MMTRY D.,rt , rz M 5 N5 05 . . rr m .. .. T Ul Q SIC.CON.o..w.MN .PPR ARSINC ON.CM..a.,d..r•ou,u MY OTT 0,io.,d.¢,no]on nro¢s fw.T.w.E ¢O. SEE PLAN CONCRETE WALK OE F. USN CO.T o M PDT.i¢,O . ,ST.uxq. ry�iui,x ia,.(,])rSEN.WAS i'P (SEE PLAN OR 5/3 LDCATIp15J CJ y] p,f000.K..wwSM m..c sum M.n" f µ a'MIN.COMET DEPTH CLASS'0 ASPHALT CONCRETE Z F `N"'I•r�n D!If 'Ors .. D'MIN.COMET.DEPTH CRUSHED ROCK N �" "'O.O.M4"0`a.WW. n LS 'GOT OF DO OV POW. .�.AT L 1,4046." THE�"PPE p m TM 1 138TW STREET SECTION W WM A.L.Man n M On Dp..N myymos my p.m. IS.OPEN COT ROAD CIRC..FOR UNITY TO..COMP.TR..POMMY.1 OF rn00011/,.D..u.TAMw m.Tq MODS 1wu T.OEM STORM.COIN EMI....•RM NGi VP 0,WM• ':n,M.]..mr v.ro.xp OMR.s..0 wuE a.A ...W Io OATS wo WALL.Ia OTT Cr P.O.memor.. STATE.M.0.010.1.A��.c rzTEST.c vl.0 s Do.x TM a iA 14 1.7•ii0 v THE" _ myymo �"":/�LoopDCO"inrs .p D V/mmo.`.3 K. aa.INIOR Iv) "'M SEMMS SHA"Ls IK 013 P iL'O`�'w.vm x TM �rm.s,wl LII a 4E SHALL m a w•w ST MO ems."a CAT.Ea 00.wo o.D w.w •ca.s wI g� II:3,z),40.CP ,g0.Io��ICATONS M®w „x,:x pP.O.M.a..Cr N<,.Np NOV. �, OZp Is UM,ON IDENom .D.R. EM.w A . a r aOT im Di w PIE � D 3.4. � o.on.. 1<%. .. E•I z ..®axe CON.. WNrzwl R .b17. .. �. i EOM N .0 .wD:.,bN O. m R,.,p.•,..oIII 1.1111111111.11 NW %'% ram° •.. "F11 u a Fs P•�R Cr..Ra STORM WATER DAMAGE NOTES D.M DE Y� 'M _ _1100.106 N.pry p. .mm m.M...R.....DLITy pm.DOC n A...[T mom. Or m N.IK'c•,gM FOR 4M..1i M II vf...] 3Lga I.GMO OFTY OF NE.. 11.1 miNO..(0130.110K(1 ME S.CONN..)n P..nrz 111.1.0.01.mnp�ITO 'I SM.0011106TOR TO PP..R S AN 100010 S MM...,S]O.OF POD.. MRM N/.R WE.. NWT.APPROVAL PM M. Ill/AL ADM ft-swan re.. ETD) OP ELMS AP..PI NWT.In THE WATER NUTT KV. S. DATIN SWIEUS MY ft V.CUT. APP.O.SHALL OE 114 MO M�MRNMM6M�, .M...a .��.,. mDR�Do.� ..�,N.. `� �SHALL ME N Z ON EOM mm..N� - • FACM` n ...x CP. .P.m OR x c.uxcMM NM N. Nl"M MP..POPP TO PLACEMENT OF OM _ LAMS..W.I.01 'w.111.IOC 1,D. DY.IA 6�M. AM.MD SCR..o MmI NPMLm M. N.pocM w.2s ua.MN..[>oau]s r..POE. Me ..... L-w.00 OF TM COMINT I<aa i piL '1SiK"..1.0.11011 F.ACM MO WM. .. .Dr.a Dr OYU EL 00.111.001. NOON 0 PN t:1 INE MOE LE.TH 6 THE PPE M.•E SUMMED CPI A LOWD.COON UNTIEL.WE ALL PPE WRONG SHALL 11 MIN CLASS V.WM INC.010'.OF PO OPE ALL OD.SAM.94.1 IN !1 WATER unrtr-GENERAL NOTES ILT a' p0'SPEacA,"'"'nNrs .w"..o mM1Dn,M anSaraAOSxm.a r�p1/OF.wro�mnrLAn" '>«NL MO 1105 p x A,N. ..sR....m Np._o..w.�r.au,µSMN.te SKIN a...x 15 Y O DETENTION VAULT-WEST BASH II 10.DO.ONSTOUCTION 11 ALL CATCH 0014 SPATES MALL SE COOS.0.10 MET MOW P.O.LEMIL ..200.. OF IOW N ! N aK.�SHALL :am.IZeaSNOT 01017-0E-WAY Nawft.FY ON OM. m RE M.,°pTT CA �n .uDaoro.s.u..a.. uDm.aena. .°"E..IR"O`mr'u..Lou�°�"` •r=.•.oa/ CS&CE-ANO r no m, v'.' E°`rioa-w PAS. 1 I II�9{ .w a pWI 31.1.MTIF. APPRO.BY PO 0.0.0.011 SO N..�s`�'i..m TO 00.00.E 0.211011. " rm 1W.11.► DETENTIOIJ9E`/OL �YLL ¢wOm•D`-s ea,a.So M ro Am p.m. �r FOITON LP. .�_ arscua To Si mOl, r•.I�iwcme WM CORING O.m.vsi AP.m Air C.611 CP a �' ¢M.mma MCI of U' STORAGE .152 CE 4.021 6 Cr 1 € .�KM..fET NE ; ).CI D`T 3.2. E l: n°CO"'MILS OF Ha "`"D.AiTM FOR M v'NAK.:�"» ..N.D, �� _ To Y PM., DEAD STORAGE 4,356 a 5.256 a a a CAST..MCI°""`,OM.'M.n,o/.,O m`0°'o'.T I]..' .INM PL.MCI x ADO/CO D'�",.o C.D.,"I.r..'O`o.. ,o:o MD 001.16101 POW SE THE OTT OF 10,01 CMS MOT 76.OF TNE r.DMo o.a I _ c.Iw q! n.....�a.]..�.e ."".�.. '.x ]�.o'".:.0..M.O."` °.Nw....pwx .ten C. ...r 5 ..n�/ram p'/K p ... ,�.NM�,MN .- R.27/605 I Nam./..RM=MIS.....r 01 ]xp. ;"..A 0ID/•]I.,D.a..A L..OMPOI D. ,.M Roo CLIMOJIMANN I . M O,M. a.T(S)x •ay.M.a.m./A C1u/•a...-.•N.MA, MILO AND TO POMO o OTHER '°w'""a a m MD °'m mw • ,A.. /.1.,o-.= '.011.0:.•M m/<;M,.Ao" x.a..,I. ]:O" IF ME PA.C7 I.NINN M N..a w.,.0... WWI II....11116 SHALL APPLY NW _ CM CM u I N w MST. MEA Ms.1.ID.ill -- MN.0 a.100.10 a.112 CIN1O SCODDvr�wc NM VAL..SE 10.wu''.m16 FOR A'°..`ram r°Oi.. D....ATTN..o e ` it a VAMP SSO01 ViAULT/o Y`SS INST AI""v.M m w A w�,MP. w..m."irNo"''1°v.°Ao.rMr ra c saG w.m AMC. IT I M.a.w.. (OPENING n.PREM.COW..m AMA D-So...M• n,..PLAY II 11. m"5 was,M 2-1/2 1.0 NOW ND®As.M NATIONAL STN.•m,MN s .../�] OEINEES v 0.0 w,-S/•MOI PINTA.ONTAINS MT aSLC..o.a•¢.... Yl N.I.f sR�i sRvs ! ' I p,A. o WO.NOOO E`ro L OE AT.•M...N�.. .00 n..W L La.1 •...► YAW § UTILITY nl9w�rt(��).•m.Nwi m CO LDloan 10.1 CLAW NOTE: ... �"�.us pc r..W �.sa ONTO 16 DIE..,ipt SHAM A 11.411013 CO. M a COMM.OM aLL.1 � �`a V D 14 OE NPOM MM.I.. MCI CO .MD.,K CITY.L A..M ON TO MP P.... ea �.� ;" .'. *. k Mr TR. P 1 O FLOW REST1iCTORf N ASi 9ASTS,A C v ID.� .nAM. I a I'IOn.n IC Engineering,Inc. - 2 700•Ir-27I41, . IAA - CO, de•.7N.r .•...... r9 JOB NO.97001 C .• NW 1/4, SEC. 10, TWP. 23N, RGE. 5E., W.M. CITY ACTION NO: LUA-97- -FP LAND RECORD NO: LDN-10-0328-----_-<_____________ -,..., ......, FIN-4•040-411414 61. ' •Q6 n E•41•••••ss•ss At —O.6 ...................'''' 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PEI JOB P40.97001 ,si c T.-4044) z, o PLAT OF CITY ACTION NO: LUA-97— —FP 7c. or- _ LAND RECORD NO: LDN-10-0328 ESTATES AT HIDDEN CREEK NW 1/4, SEC. 10, TWP. 23N, RGE. 5E., W.M. Y K V W W 0 N= < hill - 0.W Q a VI LEGAL DEBCRPT1ON QTHAT PONTIUA OF THE SOUTH 330 FEET OF THE EAST 1/2 OF THE REST 1/2 OF THE ---" �- -- -`- SOUTHEAST I/O Oi THE NORTHWEST 1/A OF SECTOR 10,TOWNSHIP 23 NORTH.RAMGE nwAW�, W 5 EAST,W.M.,LTNG WESTERLY OF THE WESTERLY UNE OF 138TH AVE.S.E.: --_�_ EXCEPT TIE SOUTH 30 FEET,FOR ROAD PURPOSES. .___._ ___`- SCALE: •450' SITUATE M THE COUNTY OF MM.STATE OF WASHINGTON. - .___ 50 VERTICAL DATUM ___ �* - _ _ - ,\• p L 4 It BENCHMARK _� $__ 2 , ►' Bfrfr INDEX w z F .--' i., — I COYER SHEET•COMPOSITE UTUTY PLAN C Q it CITY OF RENTON CONTROL POINT NO 1848 E..I I-I/2.BRASS DISK MTH PUNCH ON A•xA• ��• - \ a CONCRETE POST MONUMENT IN CASE ATE - 11M-� j/ 1 2 GRADING MID TESL RAN F•I z 3u }.ROAD.STORM AND LIOLITMG PLAN CONCRETE Of N.E.MEN COURT•ANION 16\ --\ . =, j'! -�'I.V. i.` I AVENUE N.E. _ - ;CY�-MI . 1 L)Q�i S fi ELEVATION-A11.28 FEET 'I - -t-���d�Ifi�il I !.SANITARY SEWER AND WATER RAN E 1 \_ AMM��_..9 1 5.ROAD AND UTILITY PROFILES NOTES \ - , ' 8. ROAD AND UILITY PROFILES ,i i F I BOUNDARY AND TOPOGRAPHIC INFORMATION WAS PROVIDED BY SUMMIT "k \ g \J) -� ` - I T NOTES AND DETAILS ap SURWYING 8 iFY \ F „S, \�\ i 8.NOTES MO DETAILS y� a. TRAFFIC CONTROL PEAR 5 • 1 if 8 SANITARY SEWER MANHOLE e -' CATCH BASIN • YARD DRAIN I • CRE HYDRANT \ . , < u I I 11 Iy MERCER / IIllir s STORM TEE NENCASTLE —sD— STORM DRAIN �.. -55- SANITARY SEWER -w- WATER MAY g % CREEK �� o R-27/601 C LAKE '� 1 }I M RENTON 11, R WASH INGTON I 1 .. �Y^ W. E BRYN j MAWR - e z �' PROJECT�N TE 1 6a VICINITY MAP ;'_ ; ,g N.T.S. 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FP qg-!5� i dill Return Address: City Clerk's Office City of Renton • 1055 S Grady Way Renton,WA 98055 1111111111111111111111111111111 20000202000E186 PAGE 001 OF 002 02/02/2000 09: 19 CITY OF RENTON BS 10.00 KING COUNTY, WA BILL OF SALE Property Tax Parcel Number. /o 7,3 p 4707Y Project File : c me (.Q C 1 c,�7 b S o 3-� St S ec 4 -I)u�/rr�-e AX X 1C 13 8 r. SE m Reference Number(s)of Documents assigned or released:Additional reference numbers are on page o Grantor( : Grantee(s): 0 1. C aCLee�. P«J� L.L.C_. 1. City of Renton,a Municipal Corporation 0 2. The Grantor,as named above,for,and in consideration of mutual benefits,hereb rants,bar o the Grantee,ass named above,the following described personal property: y g gins,sells and delivers to o NI- _ p o r+i o - -►� 1 '� k s k� o 3 3 0 . t. a+ e as-f— ni l rL l)r'}+j,AA)ILG�I' f ,' !VI- 6t )Q c�-1 CI" ( n l T O L✓vt.o p a 3 Al 0 r it 1Z.c.v4e. s" E a s+ 0.M., I -t'Gt24 W ILS—herti I i► A__ q l 3 s)tk-A U e H.<4_2 S.c. ll--- C. d!,24,►ke dC LJ•L..ctl 16ma., It _ s 1..PA e r eA w c No . SC_-?011&Z.; ey e_ef+ -f -i st Lk_+k 3 0 -F-eel- , , ..° Y tA_ k. . L No. 4v9 a-©r 13c By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same_ This conveyance shall bind the heirs,executors, administrators and assigns forever. / r.� c'��f.A z OcejL,, D:\97104\BOSDB.DOCIbh Page I Form 84 000 1/bh IN S WHEREOF,I have hereunto set my hand and seal the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfacto idence that signed this instrument and acknowledged it to be hi their free and voluntary act for the uses and purposes mentioned in the ins ent Notary lie in and for the State of Washington No (Print) appointment expires: Dated: REPRESEN-AnvE FORM OF ACKNOWLEDGMENT Notary Seal,rzctsbe‘wiilq box STATE OF WASHINGTON )ss E t t t COUNTY OF KING 7 1I, I certify that I know or have satisfactory evidence that l.)1 I I i v— LCD tie signed this instrument,on oath o � Z.= '�� red that heJshattitcYt was/ au orized to execute the inst:vment and CD (acknowledged it as the rn b and o ` _ f Lore-- Pn„r� _ t be the�free and voluntary act of such o ,''•,•s2a party/parties for the uses and purposesioned in the instrument it t �` Public in and for the State of Washington Notary(Print) JANICE REEEG ,, o My appoinun t expires: 3 a.8 01— o Dated: 8l �"T cam; CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING On this day of , 19 ,before me personally appeared to me known to 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 helshe 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: V 0 .1:::,?. PROJECT CLOSING d Fuel Cost Data 1 �' PINAL NAT bA'rA AND INVENTORY and Inventor SUBJECT: CITY W Y PROJECT NUMBERS: TR• - 7)lO WWP- -1 1 G= Fsta6ts 4t� F1tcQdC4i C,ce21. SWP- ". ,71 lv Name of project 'IRO- ;1 f I(✓ TED- : I I,; TO: City of Renton FROM: (QUO (Ye eJe TLe-l-V e xc r uG Plan Review Section Jo1pn AlE?S 51'St,tic Ms' Planning/Building/Public Works p, ie V Lie, IA/A Rrr004- 200 Mill Avenue South Renton.WA 98053 DATE: 0 fl/i 7/9,( Per the request of the City of Renton,the following information is furnished concerning final costs for improvements installed for the above referenced project. WATER SYSTEM CONS-RUC1ION COSTS; Size Type 2 Length LP.of /L • CLacio WATERMAIN LP.of WATERMAIN /`/ LP.of A CL co WATERMAIN I_P.of - WATERMAL`I EACH of - GATE VALVES �_ EACH of (, • _ GATE VALVES EACH of • GATE VALVES / EACH of � FIRE HYDRANT ASSEMBLIES S (Cost of Fire Hydrants must be listed separately) S 149 (Include Engineering and Sales Tax if applicable S Co TOTAL COST FOR WATER SYSTEM S (17-3 SANITARY SEWER SYSTEM: STORM DRAINAGE SYSTEM; O O Length Size Type Length Size Type O /SR L.F.of a SEWER MAIN 7 Y 9 ,LP.or / L • A l 05 ti-tzsTokmurrE N i 7 8 LF.of Q cs SEWER MAIN ( O LF.of ¢2) _ • Ro'2,4 STORM I rce LF.of • SEWER MAIN LS L.P.of (n • '3Q STORM LIKE O "•, EA of L. " DIA.MFIFR MANHOLES 1 EA of 7 X 20 'VA J LT STORM Et ET/Ot7II.Er CV EA of • DIAMETER MANHOLES EA of Type. / ,l• STORM CATCFIDASIN CD (Including Engineering and Sales Tax / EA of L13 •1 STORM CATCHSASIN if apc1ubk) S (Iecluea g Enenecring and Sales Tax CD TOTAL COST FOR SANITARY SEWER SYSTEM S if applicable) S TOTAL COST FOR STORM DRAINAGE SYSTEM S O ' O N STREET LMPROVEMENrS: (Including(uub.Gutter.Sides slk,Asphalt Pavement and Street Lighting) C0rbs, 6-urrc - c to( ,_Jrl/Cs //6OL.F A 5 la hA--z__T- 9 /1 ,5i -- SIGNALI7ATION: (Including Eng.Design Costs.City Permit Fees,WA St Sales Tax) STREET liGHTLNIG: (Including Eng.Design Costs,City Permit Fees.WA St Sales Tax) I POLE 01 LLfA.✓1 711,wly AN f•/a5^e/5o _//9j / Print signatory name / day Phone# (L(j,tildiL j (SIGNATURE) tot mr/COSTDAT2DOC,bh (Signatory mast be authorized agent . or owner of subject development) ; • • ._ Fe- q8-15 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 20000202000087 PAGE 001 OF 003 02i02i2000 09: 19 KING COUNTY, WA CITY OF RENTON BS 9.00 BILL OF SALE Property Tax Parcel Number: ‘0,2,3p5_c c-0.% Project File#: a--t i tt,-, Street Intersection:4,14 AJttle. ; CAre.t,444 It.Ace Grantor(s): Grantee(s): 1. COAL. (.QEEVti pAR.Ttaef2. , t_L.c 1. City of Renton, a Municipal Corporation r— The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to m the Grantee,as named above,the following described personal property now located at: o T 4E E6TATE.S {1T 4-1I'DCEva MEEK O in the City of Renton,County of King and State of Washington,to-wit: oC--,1 . Cc i .) STREET U&'4T ST411J04aRD 4;JD ObbeOC.L4;TEO vT£TA • O 1-00 %ZAN,- 501:3%0m \14aPOO. VcSAD• Cs•J O O O By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person CV or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors, administrators zd ass' s fore IN WITNESSilJ'i ' •OF,I ha hereunto set my hand and seal the day and year as written below. si1 a 1 1 vAl,r. co . C EE V% c t.10-t ,Li-4 Notary Seal must be within box INDIVIDUAL FORM OFACKNOWLEDGMENT STATE OF WASHINGTON )SS .......t t COUNTY OF KING ) ,,�g�C 1 t 114 I certify that I know or have satisfactory evidence that et,v—ez O Y cr �►�,�Q �ie �� a , 14 ,S eA_ sizned this instrument and �" # acknowledged it to be his/her/their free and voluntary act for the uses and purposes fil ele." ' A , 5 i mentioned in the instrument �/� % """,, �y-2 xt N Public in and for the State of Washington �' ,'1. ���•�•"`` _ Notary(Print) /I111' OF WA.�`� MY aPPoin nt exJANIC 9C O�nY Dated: .24/If JJJJJJ ,,?cco-to!d abc_d.Q. H:\FORMS\KCRECORD\BOS.DOC\bh Page 1 INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ti signed this instrument,on oath o stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. N O o Notary Public in and for the State of Washington Notary(Print) My appointment expires: N Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this Z.?? day of 30. 19 S`1,before me personally appeared ,,,,, ee V r 6. t'l Q. V to me known to �� Q it be rkt of the corporation that =- 0144 i'1,�{ executed the with n instrument,and acknowledge the said instrument to be the free , -� . i and voluntary act and deed of said corporation,for the uses and purposes therein V i - i mentioned,and each on oath stated that he/she was authorized to execute said \ :,�� D ek_ instrument and that the seal affixed is the corporate seal of said corporation. W WA tt '"`,, N Public in and for the State of Wagton Notary(Print) JANICE REBE CA DAY My appointment e pires: 3 a-d'Jo. _- Dated: I a. a' `t H:\FORMS\KCRECORD\BOS.DOC\bh Page 2 PROJECT CLOSLNG dd Final Cost Data MAL t"OST bA'rA AND INVENTORY and Inventory ' Si.BJECT: CITY PROJECT NUMBERS: WTR• 7 I L WWP- / 1(i% ..Aat{.S 0.'t t 3i C,ree-k- SWP- '?,-7 I 1 Name of project no- ? t(,� TED. 7 I I,; TO: City of Renton FROM: (() (re e-k -t•y'el t r 1.1.C-' Plan Review Section 1 D 1,n AM. Es-t'1 St r 5 t.,r4c,/OS Planning/BuildingfPublic Works SC-I(GVYte e WA Rfr00-!- 200 Mill Avenue South Renton,WA 98055 DATE: 6 Erj 17/9 fr Per the request of the City of Renton,the following information is furnished concerning final costs for improvements installed for the above referenced project. WATER SYSTEM CONSTRUCTION COSTS Length Size Type ]-rj? L.F.of /G " C L;Or! WATERMAIN L.F.of WATERMAIN ▪ I`I L.P.of F3 " r L co WATERMAIN LF.of WATERMAIN EACH of GATE VALVES ( EACH of CrGATE VALVES EACH of GATE VALVES I EACH of FIRE HYDRANT ASSEMBLIES $ (Cost of Fire Hydrants must be listed separately) S t----. (Include Engineering and Sales Tax if applicable $ R7 TOTAL COST FOR WA I tK SYSTEM $ 0 SANITARY SE FF,SYSTEM. STORM DRAINAGE SYSTEM /$ LF.of Size Type Length Size TYPe O Q, SEWERMAIN 7y9 L.P.of I " N ib/,STORMLL`tE CV /") L.F.of L2 p SEWER MAIN (, p LF.of iZt, • 3v'34 STORM LINE LF.of SEWER MALN .)5 L.P.of (, ' -- :),1.ei STORM LINE O EA of y,43 " DIAMETER MANHOLES / EA of 7,2 X ao 'v,4,/LT STORM IN EriouTLET C.V EA of • DIAMETER MANHOLES 7 EA of Ty.pC. / " X STORM CATCHBASIN O (IncluGusg Engineering and Sales Tax / EA of L-f P •ryt,e =STORM CATCHBASIN if applicable) S (Iactudug Engaeering and Sales Tax / O TOTAL COST FOR SANITARY SEWER SYSTEM S if applicable) S O TOTAL COST FOR STORM DRAINAGE SYSTEM $ O N STREET IMPROVE/MENTS: (Including Curb,Gutter,Sidewalk,Asphalt Pavement and Street Lighting) r�l r( C r c f✓C L.fr, I K. S ��6C �.C Curb-5, t Ast .t1A- -r- 4yG 3 Y. — T_ SIGNALIZATION: (Including Eng.Design Costs,City Permit Fees,WA St Sales Tax) STREET LIGHTING: (Including Eng.Design Costs,City Permit Fees,WA St Sales Tax) I PO i--E ((,)l LL1r4 0 1 ,HAc�AN Y,)-5 c/SO —//j / Print signatory name day phone# ().- CY'L' MR ) (---------- focros/COSTDAT2.DOC/bh (SIGNATURE) (Signatory must be authorized agent or owner of subject development) January 4, 1999 Renton City Council Minutes Page 11 taxes or other assessments to the City. The Committee recommended that the City Council authorize adoption of the proposed resolution. MOVED BY NELSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 11 for resolution.) Appointment:Planning Community Services Committee Chair Nelson presented a report Commission recommending concurrence in the Mayor's appointment of Natalie Dohrn to the Planning Commission for a three-year term to expire on June 30, 2001. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Appointment: Board of Ethics Community Services Committee Chair Nelson presented a report regarding appointments to the Board of Ethics. The Administration received a formal request from Local Union No. 2170 to reactivate the Board of Ethics. Since the Administration is committed to upholding and maintaining an ethical, professional organization, and ensuring that all city employees abide by both the letter and spirit of the City's Code of Ethics, it was decided to proceed with the Board of Ethics reactivation. As a result, the Administration submitted a list of five nominees (one representing each of the five organizations or bodies outlined in RMC 2-2-1) for confirmation. The Committee recommended concurrence in all five of the Administration's appointments to the Board of Ethics(Gerry Marsh,Karla Fredericksen,Joy Poff, Randolph Holt, and Rosemary Parris). The terms of office for Board members are staggered for one,two,three, four, and five years respectively, after which the terms of the appointments shall be four years. MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3366 A resolution was read setting a public hearing on January 25, 1999, to vacate a Vacation: Lake View Blvd portion of Lake View Boulevard east of Lake Washington Blvd. and south of (104`h Ave SE), NE 20th St. (also referred to as 104th Ave. SE) for Legacy Partners/Martindale, MartindaleNAC-98-004 et al., VAC-98-004. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution#3367 A resolution was read approving the Estates at Hidden Creek final plat, located Plat: Estates at Hidden Creek, in the vicinity of Duvall Ave. NE and NE 8th St. (FP-98-154). MOVED BY Final (NE 8th St/Chelan P1 PARKER, SECONDED BY CLAWSON, COUNCIL ADOPT THE NE),FP-98-154 RESOLUTION AS PRESENTED. CARRIED. Resolution#3368 A resolution was read approving the change of control of the cable Franchise: TCI Merger with communications franchise from TCI to AT&T. MOVED BY PARKER, AT&T SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Public Safety: Regional Referring to a letter which Mayor Tanner recently sent to King County Services Funding Bill(King Executive Ron Sims regarding the draft Regional Services Funding Bill,which County Sheriff's Office) was proposed by King County Sheriff Dave Reichert, it was MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THIS MATTER TO THE PUBLIC SAFETY COMMITTEE. Mayor Tanner noted that the Sheriff has proposed that King County establish a special county- wide taxing district to generate funding for services provided by his department. Streets: Olympia Ave NE Councilmember Nelson requested that the Administration look into a problem Alleyway (4th& 6th Sts) where a section of Olympia Ave. NE between NE 4th and 6th Streets, although /95 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3367 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ESTATES AT HIDDEN CREEK/COAL CREEK PARTNERS LLC; FILE NO. 98-154). 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 heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after due investigation the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed 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 and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only 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 such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth (Property, 1.73 acres, is located in the vicinity of Duvall Avenue N.E. and N.E. 8th Street) 1 J RESOLUTION NO. 3367 be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and decision of the Planning/Building/Public Works Department dated December 21, 1998. PASSED BY THE CITY COUNCIL this 4th day of January , 19 9 9 Marilyn J.":'sen, City Clerk APPROVED BY THE MAYOR this 4th day of January 19 9 9 c7:04%,s.-4"--"" J Tanner, Mayor A•flied as to fo op Lawrence J. Warren,-City Attorney RES.704:12/16/98:as. 2 • EXHIBIT "A-1" That portion of the south 330 feet of the east half of the west half of the southeast quarter of the northwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the westerly line of 138th Avenue S .E. , as condemned under King County Superior Court Cause No. SC701162; • EXCEPT the south 30 feet thereof conveyed to the City of Renton for road under King County Recording No. 9409201136 . END OF EXHIBIT "A-1" • r 'r s, t^ 1 1 Y 1I cell r I I, �o l .• e ... b ' • ; I \'' ; r-. - r'� I t "++"mnr .,s I diJ .eu I .. .. or i `- �'' ,,r ✓17 �_ •_ ` I^ . i '. .. 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January 4, 1999 Renton City Council Minutes Page 8 development meets the City's regulations, it should be allowed and not further restricted. Also, he did not believe that the proposed expansion would change the character of the neighborhood. Mrs. Keolker-Wheeler replied that if any precedent is being set by the agreement pertaining to the Conrad parcels, it is that a developer, the City, and affected residents can work together to reach an agreement which is acceptable to all interested parties. Responding to Councilman Edwards,Mike Kattermann, Director of Neighborhoods&Strategic Planning, said that any development agreement for the Taco Time property would be the subject of a public hearing before the City Council prior to its being approved. *Moved by Keolker-Wheeler, seconded by Schlitzer, Council concur in the majority committee report as presented. Roll call: two ayes (Keolker-Wheeler, Schlitzer); four nays(Parker, Clawson,Edwards,Nelson). Motion failed. **MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE MINORITY COMMITTEE REPORT AS PRESENTED. CARRIED. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council President Parker noted the addition of item 6.j., described on page 9. Court Case: CRT-98-015, Court Case filed on behalf of Local 32 of the United Association of Plumbers&Pipefitters Union Journeymen and Apprentices of the Plumbing and Pipefitting Industry alleging v. Renton, et al. that NW GM Contractors (a subcontractor on the City Hall remodel project) has not paid required wages, nor made required monthly fringe benefit contributions to Union employees. Refer to City Attorney and Insurance Services. Appeal: Pierre Grady Way City Clerk submitted appeal of Hearing Examiner's decision denying a zoning Rezone from CO to IM, SA- reclassification from Commercial Office (CO) to Medium Industrial (IM) for 98-126 the Pierre Grady Way site located on SW Grady Way between Oakesdale and Powell Avenues SW; appeal filed on 12/30/98 by Vicki Morris,representing James and Barbara Pierre (File No. SA-98-126). Refer to Planning& Development Committee. Vacation: Lake View Blvd City Clerk submitted petition for street vacation of a portion of Lake View (104th Ave SE), Blvd. (104th Ave. SE)located east of Lake Washington Blvd. and south of NE MartindaleNAC-98-004 20th St.;petition submitted by James S.Martindale, 9712 237th Pl. SW, Edmonds, 98020 (VAC-98-004). Refer to Board of Public Works; set a public hearing for January 25, 1999 to determine the advisability of the vacation. (See page 11 for resolution setting the public hearing.) Plat: Estates at Hidden Creek, Development Services Division recommended approval, with condition, of the Final (NE 8`h St/Chelan P1 Estates at Hidden Creek Final Plat; 10 single family lots on 1.73 acres in the NE), FP-98-154 vicinity of NE 8th St. and Chelan Pl.NE (FP-98-154). Council concur. (See page 11 for resolution.) Planning: R-10 and R-14 Zone ` Economic Development,Neighborhoods& Strategic Planning Department Changes recommended amendments to the R-10 and R-14 zones to: promote small lot development; resolve Code conflicts and clarify fencing and buffering requirements for commercial uses; and incorporate a definition system that classifies single family as traditional detached and semi-attached, and multi- family as including townhouses and flats. Refer to Planning&Development Committee. CITY OF RENTON COUNCIL AGENDA BILL Al #: (p.pk. • Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board. Development Services January 4, 1999 Staff Contact.... Kayren Kittrick x7299 Agenda Status Consent X Subject: Estates at Hidden Creek Final Plat Public Hearing... File No: LUA-98-154, FP Correspondence.. 10 single family lots on a 1 .73 acre site in the vicinity of Ordinance NE 8th Street and Duvall Avenue NE Resolution X Old Business Exhibits: New Business 1 . Resolution with map and legal description Study Sessions.... 2. Staff Report and Recommendation, dated 12/21/98 Information Recommended Action: Approvals: Council concur with staff recommendation and adopt the Legal Dept X resolution. Finance Dept Other • Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 1 .73 acres into ten (10) single family homesites. Design and construction of utilities, lighting, and pavement has been approved, accepted or guaranteed as appropriate through the Board of Public Works. All conditions placed on the preliminary plat by the ERC and the Hearing Examiner have been met. STAFF RECOMMENDATION: Approve the Estates at Hidden Creek Final Plat (LUA-98-154, FP) with condition and adopt the resolution. DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Coal Creek Partners LLC LOCATION: NE 8th Street& Chelan PL NE SUMMARY OF REQUEST: Final approval of a 10-lot single family residential plat with amenities SUMMARY OF ACTION: 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 , Coal Creek Partners LLC, 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(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 north of NE 8th Street at Chelan Place NE, west of Duvall Avenue NE. 6. The subject site was annexed to the City of Renton with the adoption of Ordinance 3058 enacted in August 1976. 7. The site is zoned to R-8 (single family residential/8 units per acre) with the adoption of Ordinance 4404 enacted in June 1993. 8. The Final Plat includes ten (10) lots originally intended as part of the plat and as required by the Hearing Examiner conditions. 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 ERC conditions as noted below. 1. Temporary erosion control measures shall be installed and maintained to the satisfaction of the Development Services Division for the duration of the project. Applicant has complied. 2. Construction hours shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Friday, Saturdays as arranged with the Development Services Division but no hours in excess of the weekday hours, and no Sunday Construction. Applicant has complied. 3. The applicant shall submit a Fire Mitigation Fee of$488.00 per new single family home. This fee shall be submitted prior to the recording of the final plat. Prior to the recording of the plat, the applicant shall submit the proper fee. 4. The applicant shall submit a Transportation Mitigation Fee of$75.00 per additional Average Daily Trip at the rate of 9.55 trips per new home site. This fee shall be submitted prior to the recording of the final plat. Prior to the recording of the plat, the applicant shall submit the proper fee. 5. The applicant shall submit a final Construction Mitigation Plan that includes a section indicating haul route and hours, construction hours, and a traffic control plan to the satisfaction of the Development Services Division prior to the issuance of construction permits. Haul hours shall be limited to the hours between 8:30 a.m. and 3:30 p.m. unless approved in advance by the Development Services Division. Applicant has complied. 6. The applicant shall submit a Parks Mitigation Fee of$530.76 per new single family unit prior to the recording of the final plat. Prior to the recording of the plat, the applicant shall submit the proper fee. 11. There were five (5) main conditions imposed on the approval of the Preliminary Plat. 1. The applicant shall create a ten-lot plat consisting of two-tiers of five (5) lots on either side of the new roadway. Applicant has complied. 2. All access to the lots shall be from the new roadway and the face of the plat should prohibit access from any other adjacent street. Applicant has complied. 3. The applicant shall comply with the ERC mitigation measures. Applicant has complied. 4. The existing barn or shed structure shall be removed. Applicant has complied. 5. The hammerhead turnaround shall be created by easement. Applicant has complied. CONCLUSIONS: 1. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process. Any remaining improvements seem certain and are appropriately secured through the Board of Public Works. RECOMMENDATION: The City Council should approve the Final Plat subject to the following conditions: 1. The applicant shall be required to demonstrate complete compliance with all conditions prior to signing of the final mylar. SUBMITTED THIS 21st day of December, 1999 -i4u V DEVELOPMENT SERVICES DIVISION • I.- • EXHIBIT "A-1" That portion of the south 330 feet of the east half of the west half of the southeast quarter of the northwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the westerly line of 138th Avenue S .E. , as condemned under King County Superior Court Cause No. SC701162; EXCEPT the south 30 feet thereof conveyed to the City of Renton for road under King County Recording No. 9409201136 . END OF EXHIBIT "A-1" • • i. :• .'•L• ,.r 4+'". -.T,- tr-a''•'.1.w:r a l'- r 14I ' ...•�A ".YC .i�:y_'y . ..S•f•••ts.i,.l-•'ii.t,•:a t:,^rV- .s•1".,C•F'%y"`r.1.7 f-:;'r;?••-, ..P(! , Yamr`+;.•.:1 '.. • .• -••. .e1r+ f t"�, r •• ..w.< ., rq11•1•:i ff.r;LM P.4,-.a Y /� �"•1 � 'i- }31•�-t'- e:; c,♦.;r. ' T. Y �'i.:-..• 's .. ,. \a.4�i r , i� :• k. pru ?" zL `!t"`y "K . l. Py '-'i' _��'wi i:G;><t ±<�s;�:J;. � > :YM' ri ).r - .F �"' � i ,Y_v :4t' ^'i Fc: }L •�; 1 %?'l; st;n-1, .i.`A 9s.•rA'Z.k' f•7„'�r'fnjlr r-) � c _ ;:v,k%-1e, . .v a> J r`.F•*J� / jTA + -•a, e" - 4,',.. i '•i • ., .At 1"'7 `Z r.i,*4p.V), : ''`W.';.,. ., -,!'1f``si»•...:i S e. -uK ,i 1.s:ir'! .f_,..r-r�L• t. i` >t l' � "v �.".' - . 9 - • S- J!amp{.*t'_qt r,!, '..gc1` •at• 't•a •..•f� < `L LN 3 .f't ..yrt� erh ,r/.\ > e � :,t '►S.:•,h. �fiitil • a� .+ !=«s:•isx .}.; 4M. T, ..a • / L: - • • • • • • 2 I]J :fit : 17�4•le�. •r.eJ.•IF � •�►� •.. lFU�..4 : 1.. ,;.,..,!...,..v.„.--,-,-..4221) � - ILµ jt ep .•:.'� _ -•--131 _"",... s�YE I 1 _� _ i .+° ...•..• ~T-iL'' . 114, .— • �•�__�1••v--'-tiii�__� !7.: .__ t• I a .s.� ...< rr an , T�i.—.��r �, :::• _c$"a , ,„ i . ® ',a,, li t. 0`4, I; ;i 2' , is E a l— • _..un`e� ` ! a^ rn 1 �•t.nu• t ! 2 ^, , f 1 1f. Q 1 , I '1 ..•''..‘ • •. ES ,e.,...I 1 •9 L a .: ..•"•'• •• Le.''' '• . • 4 ! i r i ry�1J " r r } 'r,•et1 z2qat't31 i = ,.•+ t� ' =1� 1r� `` Tn.6 4).•.. • . . • i a 4! t i a� ..- NE 9TH' Pl. l e i \ '` -. ,... • r \1_ 1712 II a 10 • 9 1 6 -:' •rr fir•'` I ►•' Ila' w 11 :Cl ..r 1'�,e 1ram dy Moe Cep .1 \ - t. ¢/` t a. •Z • r-• `_ v..a ,{ K r <';.�Lf-y ...., •...5�1,.] ,wNy.•8T•r 51 -1— _, i>.,v• 'VP. _ ,,.1 .., n.. e ` • • • d. ESTATES AT I ? ` _.,. '''_' a z .I HIDDEN CRE: K _ _a ,� :t ',,�•o , }aJf-I. - t J 1 C ,S MQ 1 i rnr« __ - <w J 7 4 .t .A.n,i� •S ' S••o • 4. 1 e. �' I , <f-i rr� ��• . A Y` ,•. +._, , s f 9 r Q c M l + 9 :4 t .1 , -�:..» t �L ..-�.-- rl r• T I 2 f �G u. Sao k� Oid' { i..:i A f JI <„O Jns tit• NE. 8TH ST• ».T ^^ •` --- — •nn I._.. _. "i= .. ---- 1 .,. t r .- • - •.,. fir• ^r •• • I . • ` '• ,r •e 1.3 re `° •, is 17 • ,, ,9 2, .. \:;f r t) 12 •til it\ Y 0 ao i • o'o „eC p :p ,,tl D aI J,c. e°u •rs.[ • '_ ,, o-,;.`• t1' • '.t ,, ,� 7!. ,� <• 'a[° • iP er' • iit> sae° ,a�A� ...',B . e , .O•a`o 0 ♦. r o'. •i °,U V`/,S 11.% t, ' e •'• o e' !eta -1 ,,t.t .,,Z+ , 7 it ra • ! d o _ \ 2 y 1.. _ _ .� • eat -.Q � 10 ♦{ it .P• •by'. r� *� r• 640351 CNa• Rn-3 • ►'° s•, i1• •..'�---. • • .tom o,SU •` 74&"ir_ O. oit' a r t •'a '.:1. 3 • r ' s-/Z< ! ,o 'a La 'W ,< - '. x >\ 1ST ST {{ �3s c •��ty .a 16 r SE 12 .r :7- / ,I J=,� l'i• / \ .�' _..a_ ...n r: oast .*.0 -_ - `��•T•... i "• .1 a. %, CITY )F RENTON ..0 Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM DEVELOPMENT SERVICES CITY OF RENTON DEC 18 1998 To: Kayren K. Kittrick RECEIVED V rcD From: Lawrence J. Warren, City Attorney G V L. 1.:. Date: December 16, 1998 Subject: Declaration of Covenants, Conditions and Restrictions of Hidden Creek Subdivision; Estates at Hidden Creek Final Plat (LUA-98-145, FP) I have reviewed the above-referenced document and the same is approved as to legal form. However, I have limited my review to common area maintenance issues. I am enclosing a copy of a Resolution approving the final plat. The original of this resolution has been sent to the City Clerk. CLawrence J. Warren LJW:as. Encl. cc: Jay Covington Marilyn J. Petersen, City Clerk A8:152.23. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 ®This paper contains 50%recycled material,20%post consumer CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ESTATES AT HIDDEN CREEK/COAL CREEK PARTNERS LLC; FILE NO. 98-154). 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 heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after due investigation the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed 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 and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only 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 such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth (Property, 1.73 acres, is located in the vicinity of Duvall Avenue N.E. and N.E. 8th Street) 1 RESOLUTION NO. be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and decision of the Planning/Building/Public Works Department dated December 21, 1998. PASSED BY THE CITY COUNCIL this day of , 1998. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , 1998. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.704:12/16/98:as. 2 CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board. Development Services January 4, 1999 Staff Contact.... Kayren Kittrick x7299 Agenda Status Consent X Subject: Estates at Hidden Creek Final Plat Public Hearing... File No: LUA-98-154, FP Correspondence.. 10 single family lots on a 1 .73 acre site in the vicinity of Ordinance NE 8th Street and Duvall Avenue NE Resolution X Old Business Exhibits: New Business 1 . Resolution with map and legal description Study Sessions.... 2. Staff Report and Recommendation, dated 12/21/98 Information Recommended Action: Approvals: Council concur with staff recommendation and adopt the Legal Dept X resolution. Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 1 .73 acres into ten (10) single family homesites. Design and construction of utilities, lighting, and pavement has been approved, accepted or guaranteed as appropriate through the Board of Public Works. All conditions placed on the preliminary plat by the ERC and the Hearing Examiner have been met. STAFF RECOMMENDATION: Approve the Estates at Hidden Creek Final Plat (LUA-98-154, FP) with condition and adopt the resolution. • 4256883636 JOHN L. SCOTT CEP) 936 P©2 AUG 20 '98 16:22 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF HIDDEN CREEK SUBDIVISION THIS DECLARATION, supersedes and replaces in its entirety the "Protective Covenants Running with the Land for the Plat of Hidden Creek",recorded under THIS DECLARATION, made on the date hereinafter set forth by Coal Creek Partners, LLC., hereinafter referred to as"Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the County of King,State of Washington,which is more particularly described as fully set forth as Exhibit"A"hereto which is incorporated in full by reference as if fully set out. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold dr conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with,Lie_real property and be binding on all parties having any right, title or interest �t1e. described properties or any part thereof, their heirs, successors and assigns-1Ja�tQlj `��'✓T shall inure to the benefit of each owner thereof. S, F� i ! Sep ARTICLE I 1988 DEFINITIONS �i�4 Section I. "Association" shall mean and refer to the Hidden Creek Owner's Association. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities of the Declarant, of a fee simple title to any lot which is a part of the Properties,but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property herein described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1 TO'd d50=£O 86- ' -6nd • 4256863636 JOHN L. SCOTT CRP) 936 P03 AUG 20 '96 16:23 Section 4. "Common Area" shall mean those portions of all real property (including the improvements thereto) which are held in equal and undivided interest by all the property owners at Hidden Creek for the common use and enjoyment by the owners, or are upon right of way areas,however are to be maintained by the Association to enhance the general appearance of the Development. The areas to be held in joint ownership and/or right of way areas to be maintained by the property owners of this plat existing at the time of recording are described as fully set forth at exhibit "B" hereto which is incorporated in full by reference as if fully set out. Section 5. "Common Maintenance Area" shall mean those portions of all dedicated public right-of-way (including the improvements thereto) maintained by the Association. The area to be maintained by the Association at the time of recording of this Declaration is described as follows: All sign and plat identification areas ( including the maintenance or lighting and lighting fixtures of same if the sign be illuminated) pruning and otherwise maintaining, preserving and caring for the planted and landscaped areas identified at Section 4 hereof. Notwithstanding anything to the contrary herein, the Association shall have no duty, except as undertaken by the Association pursuant to Article III, Section 4, to maintain any property, including but not limited to, roads, gutters, curbs, sidewalks, and drainage systems which are or have been conveyed to the City,County,State,or any political subdivision thereof,as the case may be. Section 6 "Lot" shall mean to refer to any plot of land shown upon any recorded subdivision map of the Properties with exception to open space and roads. Section 7 "Declarant' shall mean and refer to Coal Creek Partners, LLC., their successors and assigns, if such successors or assigns should acquire more than one (1) undeveloped lot from the Declarant for the purpose of development. Section 8 "Board" or "Board of Directors" may be used interchangeably and shall mean the duly appointed or elected Board of Directors of Hidden Creek Owner's Association as provided in the Articles of Incorporation and Bylaws of said Association. 2 ZO'd dSO=EO 86-17Z-6ny 4256883636 JOHN L. SCOTT COP) 936 PO4 AUG 20 '98 16:24 Section 9 "Architectural Control Committee" shall mean the duly appointed or elected committee of the Board of Directors as outlined in Article VI of this Declaration,hereinafter referred to as the"Committee". ARTICLE II PROPERTY RIGHTS Section 1 Owners Easement of Enjoyment. The ownership of each lot shall include an undivided 1/10 interest in the Common Area, No lot owner shall, by act or omission,seek to abandon, partition, subdivide, encumber, sell or transfer the undivided interest in the Common Areas. Every owner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every lot,subject to the following provisions: A. The right of the Association to suspend the voting rights and right to use of the facilities by an owner for any period during which any assessment against his/her lots remains unpaid, and for a period not to exceed sixty(60)days for any infraction of its published rules and regulations; B. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedications or transfers shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been accepted by the receiving public agency and recorded. Section 2. Effect on Insurance. Nothing shall be done or kept in any Common Area whichwill increase the rate of insurance on the Common Area or other lots or improvements without the prior written consent of the Board. Nothing shall be done or kept in any Common Area which will result in the cancellation of insurance or any part of the Common Area, or which would be in violation of any laws. Section 3. Alteration of Common Areas and Common Maintenance Areas.Nothing shall be altered or constructed in or removed from any Common Area or Common Maintenance Area except upon the prior written consent of the Architectural Control Committee and Board. 3 £O'd d90=£O 86-VZ-6nd 4256883636 JOHN L. SCOTT (BP' 936 P05 AUG 20 '98 16:24 Section 4. Dumping in common Areas and Common Maintenance Areas. No trash, plant or grass clippings, or other debris on any kind shall be dumped, deposited or placed on any Common Area and Common Maintenance Area. Section 5. Construction Activity. No structure shall be erected or placed on any lots or receive exterior alteration until the construction plans and specifications have been approved by the Architectural Controls Committee according to the provisions outlined in Article VI. Any dwelling or structure erected or placed on any lot in this subdivision shall be completed as to external appearance,including finishing staining,within nine (9) months after the date of commencement of construction. Variances may be granted by the Architectural Control Committee. Section 6. Building Setbacks. No structure shall be located on any lot nearer to the front, side and rear lot lined than the minimum dwelling setback lines required by the Renton Municipal Code. No portion of a dwelling on a lot shall be permitted to encroach upon another lot, or upon easement areas as delineated on the face of the plat or as otherwise recorded. Section 7. Building Materials. All home constructed on each Iot shall be built of new materials, with the exception of decor items such as used brick, weathered planking, and similar items. The determination of the Architectural Control Committee is to be rendered as to whether a used material is a decor item or not. All roofs are to be approved by the Architectural Control Committee. All visible masonry shall be native stone,brick or stucco. Section 8. Landscaping and Fencing. No permanent structures or landscaping of any kind,including fences, walls or shrubs, may be built or place within any of the road right-of-ways and easements as delineated on the plat, except as deemed appropriate by the Architectural Control Committee and except as noted below, provided wood fencing may be erected on or within the property of the owner subject to same being temporarily moved, as is necessary to obtain access to the easement area as set forth on the plat herein. No fence shall extend further forward on the lot, than the front of the house upon the property. Front yard landscaping shall be completed and in place, as per plans approved by the Architectural Control Committee within three (3) months of completion of building construction. The Board may grant an additional three(3) month extension for good cause shown. 4 bO'd d9O=£O 86-17Z-6nV 4256883636 JOHN L. SCOTT CEP) 936 P06 AUG 20 '98 16:25 Fences, walls or shrubs are permitted to delineate the lot lines of each lot, subject to the Architectural Control Committee approval, subject further to said fences, walls or shrubs possible necessity of removal due to use of utility easements as contained on the face of the plat and other easements elsewhere recorded. No barbed wire,chain link or corrugated fiberglass fences shall be erected on any lot. All fences, open and solid, are to meet the standards set by the Architectural Control Committee and must be approved by the Committee prior to construction. The Architectural Control Committee has established a standard fence design (Exhibit C). The standard fence design can be installed on a Lot without approval of the Committee. Section 9. Temporary Residence. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other outbuilding, shall be used on any lot at any time as a residence,either temporarily or permanently. Section 10 Contractor. No home may be constructed on any lot by other than a contractor licensed as a general contractor under the statues of the State of Washington without prior approval of the Architectural Control Committee. Section 11 Wiring. The wiring to accessory buildings of any type shall be underground. Section 12. Antennae. No radio or television antennae, or transmitters shall exceed twenty (20) feet above the roof ridge lien of dwelling, and no separate towers therefore shall be permitted. Parabolic reflectors (satellite dish antennae) shall not be permitted unless approved by the Architectural Control Committee and fully screened from view from the road. Section 14. Signs. No sign, billboard or other advertising structure or device shall be displayed to the public view on any lot except that one sign not to exceed six (6) square feet in area may be place on a lot to offer the property for sale or rent, and signs used by a builder to advertise the property during the construction and sales period will be permitted. Political yard signs, not more than two (2) square feet and of a temporary nature, will be allowed during campaign periods. The Committee may cause any sign placed on the Properties in violation of this provision to be removed and destroyed. Section 15. Animals. No animals, except dogs, cats, caged birds, fish in tanks and other small household pets will be permitted on any lot. Leashed animals or animals trained to respond to voice control are permitted within road right-of-ways. At no time will animals be permitted on road right-of-ways or 5 SO'd dLO:£O 86-17Z-6nd 4256883636 JO6J L. SCOTT (BP) 936 P07 AUG 20 '98 16:26 other parts of the Properties unattended. Efforts should be made by the person accompanying animal to exercise "scooping" of animal waste. No animal or pet shall be allowed to become a nuisance to other property owners. The keeping of animals and/or pets shall be in compliance with such rules and regulations as may be promulgated by the Homeowner's Association. Section 16. Nuisances. No lot shall be used in whole or part of storage of anything which will cause a lot to appear in an unclean, disorderly or untidy condition. Boats, trailers, recreation vehicles, and disabled vehicles of any kind whatsoever shall not be stored upon the property unless within a built-in garage or screened from view from the road by a fence in conformity with the Covenants, Conditions and approved in advanced by the Architectural Review Committee.No noxious activity or thing shall be permitted on any lot which may be or become a nuisance or unreasonably interfere with the use and enjoyment of any part of the Properties_ Section 17. Delegation of Use and Bylaws Responsibilities. Any owner may delegate, in accordance with the Bylaws of Hidden Creek Owner's Association, his right of enjoyment of the common area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. In the event that an owner rents or leases his property, a copy of this Declaration as well as any rules and regulations that may,in time,be adopted by the Association, shall be made available by said owner to the prospective renter at the time of commitment to the rental agreement and any such agreement shall require such tenant or contract purchaser to agree to be bound by the terms hereof. Each lot owner shall also be responsible for relaying to any quests and service personnel the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association, as they may related to appropriate community behavior. Section 18_ Land Use. No lot shall be used for anything other than residential purposes except that home occupation may be allowed as permitted by the Hidden Creek Owner's Association and applicable ordinances, codes, laws or regulations, No dwelling shall be erected, altered, place or permitted to remain on any lot other than one detached single family dwelling not to exceed three stories in height, inclusive of basement, and a private enclosed car shelter for not less than two cars. No single structure shall be altered to provide residence for more than one family. Section 19. Covenants Running with Land. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive 6 90'd d8O=£O 86-173-6ny 4256883636 JOHN L. SCOTT (BP) 936 P©8 AUG 23 '99 16:26 periods of ten (10) years unless an instrument signed by a majority of the then- owners of the lots has been recorded,agreeing to change said covenants in whole or in part. ARTICLE III MAINTENACE OF EXTERIOR AND GROUNDS Section 1 Exterior Maintenance by Owner.Each Iot shall be maintained by the owner thereof in a neat,clean and slightly condition at all times and shall be kept free of accumulation of litter, junk, containers, equipment, building materials, and other debris. All refuse shall be kept in sanitary containers concealed from view of any lot, and the containers shall regularly be emptied with the contents disposed of off the properties. No grass cutting, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties,except that a regularly tended compose device shall not be prohibited. No storage of goods, vehicles, boats, trailers, trucks, camper, recreational vehicles or other equipment or device shall be permitted on open view from any lot, EXCEPT this shall not exclude temporary (less than twenty-four(24) hours) parking or storage of vehicles on the lots,but if so stored, they shall require approval of the Architectural Control Committee. Upon forty-eight(48)hours notice to the owner of an improperly parked vehicles visible from the street that is or remains parked on any lot or within the public right-of-way that could require permanent open storage of vehicles within the driveway of a lot for a shore term period. Such special situations shall be reviewed by the Architectural Control Committee and, if approved by the Committee,shall be excepted from this covenant for the time period approved. Section 2. Exterior Maintenance by Association. In the event an owner shall fail to maintain the exterior of the premises and the improvements situated thereof in a manner consistent with established community standards, the Architectural Control Committee shall, upon receipt of written complaint by any owner,have the right through its agents and employees, to enter upon said \parcel and to repair, maintain and restore the lot and the exterior of the buildings or any other improvements thereon if the owner shall fail to respond in a manner satisfactory to the Committee within forty-five (45) days after mailing of adequate notice by certified or registered mail, to the last known address of the owner. The cost of such repair, maintenance or restoration shall be assessed against the property, and the Committee shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event the estimated cost of such repair should exceed one-half of one percent (.5%) of the assessed value of said property and improvements, the Committee shall be required to 7 LO'd dOi =£O 86-17Z-6ny <256883636 JOHN L. SCOTT (BP) 936 P09 AUG 20 '98 16:27 have the assent of two-thirds (2/3) of each class of voting membership before undertaking such repair. Section 3. Responsibility for Common Maintenance Areas. There exists certain landscaped areas within the dedicated public right-of-way in the Plat of Hidden Creek that are herein described as Common Maintenance Areas and are designated for screening and community identification purposes. The Association shall be responsible for the maintenance of Common Maintenance Areas. Section 4. Common Area/Common Maintenance Area Repair. Any damage to the Common Area or Common Maintenance Areas or the improvements thereof, including landscape plantings,fences, beams,etc., by the property owners or their children shall be repaired by said property owner within one week or the Architectural Control Committee shall execute said repair and Owner will immediately remit funds for billing. Unpaid assessment shall accrue interest at twelve percent(12%)per annum. Section 5 Maintenance of Landscaping in the Public Right-of Way. The Association shall be responsible for the maintenance and care of any and all landscaping within the public right-of-way. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may bot be separated from ownership of any lot which is subject to assessment. Section 2.The Association shall have tow classes of voting membership: Class A. Class A members shall be all owners, with the exception of the Declarant,and shall be entitled to one vote for each Lot owned.,When more than one person holds an interest in any Lot, all such persons shall be members, The vote for such Lot shall be executed as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant, and shall be entitled to Three (3) votes for each Lot Owned. The Class B memberships cease and shall be converted to Class A membership when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. 8 80'd dII EO 86-t7 -6nV 4256883636 JOHN L. SCOTT CBP) 936 P10 AUG 20 '98 16:28 Section 3 The Association shall have the right to suspend the voting right of an owner for any period during which any assessments against his lot remains unpaid; and for a period not the exceed sixty (60) days for any infraction of its published rules and regulation. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attomey's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due and created a lien upon the real properties subject to the provisions of Section 9 hereof.The personal obligation for delinquent assessments (as opposed to the lien upon the property0, shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the Common Areas and Common Maintenance Areas, as provided in Article III. Section 3.. Maximum Annual Assessment. Until January 1, , the maximum annual assessment shall be$ .00 of which shall be allocated and paid to the Declarant for plan management serves provided the Association by Declarant. Such allocation of funds to the Declarant shall cease when the Association assumes collection, bookkeeping and other management responsibilities from the Declarant as described in the Bylaws of the Association. (a) From and after January 1, , the maximum annual assessment may be increased each year not more than five percent (5$) above the maximum assessments for the pervious year without a vote of the membership. (b)From and after January 1, ,the maximum annual assessment may be increased above five percent (5%) by a vote to two-thirds (2/3) of each 9 60'd d3T :CO 86-ts3-6nd 4256883636 JOHN L. SCOTT (BP) 936 P11 AUG 20 '98 16:28 class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year,a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Area or any improvements upon the Common Area not prohibited within this Declaration, including fixtures and personal property related thereto, provided that any such assessments shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for any Action Authorized Under Sections 3& 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3&4 of this Article V shall be sent to all members not less than thirty (30) days or more than sixty (60) days in advance of the meeting. At the first such meeting called,the presence of members or of proxies entitled to vote sixty percent(60%)of all votes of each class of membership shall constituent o quorum_ If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. Section 6. Date of Commencement of Annual Assessments. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates_ The annual assessments provided for herein shall commence as to all lots on the first day of the sixth month following of the filing of the Plat of Hidden Creek_ The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto.The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed 10 Oi 'd dET :EO 86-t, -6ny 4256883636 JCHN L. SCOTT CEP) 936 P12 AUG 20 '98 16:29 certificate of the Association as to the status of assessments regarding a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect on Nonpayment of Assessments; Remedies of the Association. Any assessments not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. The owner is responsible for payment of all attorney fees that are incurred with regard to collection of delinquent assessments. No owner may waive or otherwise be relieved of liability for the assessments provided for herein by non- use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgage. The lien of the assessments provided for herein shall be subordinated to the lien of any first mortgage or Deed of Trust, as the case may be. Sale or transfer of any Lot shall not affect the assessment Iien; however, the sale or transfer of arty Lot pursuant to the mortgage foreclosure or trustee's sale pursuant tot the terms of the first Deed of Trust, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. The first mortgage holder of the purchaser of the property at a trustee's sale or the holder of the deed in lieu of foreclosure shall hence forth be responsible as an owner for assessments coming due on the first day of the month following coming into title. Should assessments be made upon an annual basis and be amide prior to the first day of the month following ownership, the new owner shall be responsible for a monthly prorated portion of said annual assessments. Section 10. Exempt Property. All property dedicated to, and accepted by, local public authority shall be exempt from the assessments created herein, except no land or improvements devoted to dwelling use shall be exempt from said assessments. Section 11. Insurance Lots. The Association shall have no obligation to pay any insurance on the Lots or the structures thereon except as expressly provided herein. ARTICLE VI ARCHITECTURAL CONTROL Section 1. there is hereby designated and appointed an Architectural Control committee consisting of two (2) members (hereafter called the "Committee"). Initial members of the Committee shall be Greg Heiser and 11 Ii 'd dtT =EO 86-17Z-6nd 4256883636 JOHN L. SCOTT CBP) 936 P13 HUG 20 '98 16:30 William Thimgan. A member of the Committee may be removed by the board upon a vote of three members of the Board, except the initial Architectural Control Committee shall remain in office as provided in the unnumbered paragraph following. Shall a member of a committee or the Board resign, die or be unable to serve, a successor may be appointed by a unanimous vote of the remaining Board members for the balance of the unexpired term. The committee may unanimously designate one or more if its members or third party to act for and on behalf of the Committee with respect to both ministerial matters and the exercise of judgements vest in the Committee, subject to review by the Committee at the request of any member thereof. The address of the Committee shall be the registered office of the Association_ In the event the Committee does not have more than three (3) members, action by the Committee must be unanimous approval of all members of the Committee. In the event the Committee has there (3) or more members, a majority of the entire committee is required for a decision of the Committee. No member of the Committee shall be entitled to any compensation for services performed an Declaration and shall have no financial obligation of any kind based upOn his/her actions as a member of the Committee. The initial Architectural Control Committee shall remain on office until, at the Committee's option, 75% of all lots have been constructed upon and/or developer and/or owner have sold their interest in all lots in the development. At this time, the Committee shall notify the various owners of lots that it is relinquishing its duties in all respects. The elected Board of Directors shall appoint an Architectural Control Committee that shall assume the responsibilities and duties described herein. In the event that the initial Board of directors has not been replaced by an elected Board, an election of a new Board of Directors shall be held as provided in the Bylaws of the Association and the newly elected Board shall appoint an Architectural Control Committee. The newly appointed Committee shall not have architectural control of any lots that remain in the ownership of the Declarant. Section 2. All buildings and improvements on a lot shall be a permanent construction and no temporary structure, trailer, ten, garage, outbuilding or other similar device shall be placed on any Lot except with permission of the Committee. No building, fence, wall or other exterior structure shall be commenced, erected, or maintained upon the Properties, nor shall any exterior addition to, or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape,height, materials, and Iocation of the same shall have been submitted to and approved in writing by the Committee as to harmony of external design and location in relation to 12 Zi 'd dgi =EO 86-tZ-6nd 4256883636 JOHN L. SCOTT (BP) 936 P14 AUG 20 '98 16:31 surrounding structures and topography provided, however, cedar fencing may be installed in a workman-like manner as allowed in Article II,Section 8 hereof. Section 3_Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee consisting of six (6) sets of 8-1/2 by 11 inch copies, and each shall be signed by the owner of the Lot or his authorized agent and shall contain the name and address of the person submitting the same and the Lot to be involved, and shall set forth the following with respect to the proposed structure: (a) plot plan; (b) floor plans; (c) front and rear elevations; (d) outline specifications; (e) legal descriptions and addresses for each lot; (f) the builder's name, phone number, and contact person; (g) such other information as may be required to determine whether such structure conforms with these Restrictions, and the standards set forth by the Architectural Control Committee. Exception: During the initial construction phase when Declarant is also acting as builder, informal verbal approval shall be acceptable. Section 4. Standards> The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Subdivision, which authority shall include but not be limited to the height,configuration,design and appearance of the dwelling and fences, walls, outbuildings, pools, and other structures appurtenant to the use of a dwelling. As to all improvements, construction and alteration, the Committee shall have the right to refuse to approve any design, plan or color. The Committee shall have the right to take into consideration the suitability of the proposed building or structure and the material of which it is to be built and the exterior color scheme,to the site on which it is proposed to erect the same,the harmony thereof with the surroundings, and the effect of the building or structure or alterations therein as planned on the outlook of the adjacent or neighboring property and any and all other factors which, in the committee's opinion, shall affect the desirability or suitability of such proposed structure, improvement or alteration. Such determination may be amended and shall be binding on all persons. Section 5. Approval or Disapproval_ Within thirty (30) days after the receipt of plans and specifications,the Committee shall approve and disapprove such plans and specifications which in its opinion do not conform to these restrictions or its aesthetic standards. Approval or disapproval shall be made upon one of the plans specifications. In the event that no approval or disapproval of such plans and specifications is given within thirty(30) days of submission in compliance herewith, copies of such plans and specifications shall be delivered 13 £i 'd dLi =£O 86-17Z-6nd 4256883636 JOHN L. SCOTT CEP) 936 P15 AUG 20 '98 16:31 to the Owner of each adjacent Lot within the Properties together with a statement to the effect that (1) the said plans and specifications have been submitted to the Committee;that(2) thirty (30) days have expired since the date of said submission and that(3)unless suit to enjoin the construction pursuant to the submitted plans and specifications is commenced within ten (10) days after the receipt of the delivered copies,construction will begin pursuant to said plans and specifications.If no suit to enjoin the constructions is commenced within ten (10) days of delivery of copies submitted plans, specifications and statement detailing above described items, said plan and specifications shall be deemed to be approved by the Architectural Control Committee and construction pursuant to said plans may be commenced. No Owner shall be enjoined or subjected to other equitable relief or be required to respond in damages to any other Owner or Owners for any action taken of construction commenced or completed with the approval of the Committee or subsequent to notice as herein provided. In all cases, the ultimate responsibility for satisfying all local governmental building codes and requirements,etc., rests with the homeowner or builder. The Architectural Control Committee shall be held harmless from building requirements not complied with. Section 6. Advisors. The Committee may appoint advisors from time to time to advise on matter pertaining to the properties. No person on the Committee or acting or it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 7. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained by shall be in furtherance of the purposes and intent of these restrictions. ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce,by any proceeding at law or in equity,all restrictions,conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Any disputes under this Declaration shall be controlled under Washington State Law. In any judicial action to enforce the contents of this Declaration, the losing party shall pay the prevailing party's 14 Vi 'd d8I :£O 86-t,Z-6nd DEVELOPMENT SERVICES DIVISION • BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Coal Creek Partners LLC LOCATION: NE 8th Street& Chelan PL NE SUMMARY OF REQUEST: Final approval of a 10-lot single family residential plat with amenities SUMMARY OF ACTION: 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, Coal Creek Partners LLC, 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(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 north of NE 8th Street at Chelan Place NE, west of Duvall Avenue NE. 6. The subject site was annexed to the City of Renton with the adoption of Ordinance 3058 enacted in August 1976. 7. The site is zoned to R-8 (single family residential/8 units per acre) with the adoption of Ordinance 4404 enacted in June 1993. 8. The Final Plat includes ten (10) lots originally intended as part of the plat and as required by the Hearing Examiner conditions. 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 ERC conditions as noted below. 1. Temporary erosion control measures shall be installed and maintained to the satisfaction of the Development Services Division for the duration of the project. Applicant has complied. 2. Construction hours shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Friday, Saturdays as arranged with the Development Services Division but no hours in excess of the weekday hours, and no Sunday Construction. Applicant has complied. 3. The applicant shall submit a Fire Mitigation Fee of$488.00 per new single family home. This fee shall be submitted prior to the recording of the final plat. Prior to the recording of the plat, the applicant shall submit the proper fee. 4. The applicant shall submit a Transportation Mitigation Fee of$75.00 per additional Average Daily Trip at the rate of 9.55 trips per new home site. This fee shall be submitted prior to the recording of the final plat. Prior to the recording of the plat, the applicant shall submit the proper fee. 5. The applicant shall submit a final Construction Mitigation Plan that includes a section indicating haul route and hours, construction hours, and a traffic control plan to the satisfaction of the Development Services Division prior to the issuance of construction permits. Haul hours shall be limited to the hours between 8:30 a.m. and 3:30 p.m. unless approved in advance by the Development Services Division. Applicant has complied. 6. The applicant shall submit a Parks Mitigation Fee of$530.76 per new single family unit prior to the recording of the final plat. Prior to the recording of the plat, the applicant shall submit the proper fee. 11. There were five (5) main conditions imposed on the approval of the Preliminary Plat. 1. The applicant shall create a ten-lot plat consisting of two-tiers of five (5) lots on either side of the new roadway. Applicant has complied. 2. All access to the lots shall be from the new roadway and the face of the plat should prohibit access from any other adjacent street. Applicant has complied. 3. The applicant shall comply with the ERC mitigation measures. Applicant has complied. 4. The existing barn or shed structure shall be removed. Applicant has complied. 5. The hammerhead turnaround shall be created by easement. Applicant has complied. CONCLUSIONS: 1. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process. Any remaining improvements seem certain and are appropriately secured through the Board of Public Works. RECOMMENDATION: The City Council should approve the Final Plat subject to the following conditions: 1. The applicant shall be required to demonstrate complete compliance with all conditions prior to signing of the final mylar. SUBMITTED THIS 21st day of December, 1999 DEVELOPMENT SERVICES DIVISION • EXHIBIT "A-1" That portion of the south 330 feet of the east half of the west half of the southeast quarter of the northwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the westerly line of 138th Avenue S.E. , as condemned under King County Superior Court Cause No. SC701162; EXCEPT the south 30 feet thereof conveyed to the City of Renton for road under King County Recording No. 9409201136 . END OF EXHIBIT "A-1" 3•') + _F ��:.M Y ' 1 `t�+r,p :F 4l 1 C �j `+x'. , S 41 t:!-`7::r..•:-r}. :Jc. . .. %• 1i.. . 1 4( J••..•,+ t y .Z' u. trtl.Y• 'i+� �i f • J v: r' J % •.h .t^4 r • • • • • • • • • • •� lit 771•ITT f. "ill! ...° .1 1• .Z,.4 J• `e•.`L_: J�� Ii•• x rQjT 1'� ,_, a.//. I .t T..• 1 �v•.. •. J..• 1T I cfA •••s-,..a AI OP ,,, ., Sr"r')'•r=Sf _ ,. 1_ I Ir • ]I • iu: '•,•i Cj!E: . 1 1.i q►v �Nf �a.y. + :♦ }} .� `4, !;•"�II• x •i N 7 2 ? e • . wa l J."... J 11.11 t • ` • tJl Q t a Z� p . • v • I•• ._ IA a ?a j 19 . ...../`• tei - : m i 7N.• h•. J iE 9Tn' n. j• l ^ en 4 i 411 i A'16 5 I• ' r • r + . A �G ,1.�° ; 4z. r� �y • �1 • • _ _ _ s Q� .• g '' { • _ ? rn c• �� ° a — • i r••r, :Y • '• ESTATES AT ' • ,� •1: HIDDEN CREEK t • �c IR i IS f. 1 • • • • • i - ^�•O J . 1<k, 1, y' ••>,. 1 . -'`. �_ .tio _N_E. a T M Zip, --' :.n ^� ..^.z Al .� ,�+4+ Si cw...W..,wa J.'. J __�'Tr..�i.. '•' •_ ..Cr. ,� ____. . ..1� • '. ,r ; J,; .. 77 `; .\ ' .•p a `.o •a 7 a� ,f.^ .t°•° ,.•1ti _1 . a t ,• • ' • fit• t},d ,tdAj ..t.•P . .eta ` `. r O r _ d`. •:1i -'s• y♦ ° • ° 0 1 � 1 'ixa sa,.. :` r J} •r4 a• •t 10 + t •+•• 'V i s•° •b•♦e z ' 7rs r� 640351 PRO t,arel.a '%ro `+ �r`_— �`'�' 9y r.tpvs . BOA �dL � �2y°•tea + � \ •�, r 't p • \ •-� C,yL J _ , r • SS ra0 Se S�.0 J2 rp �� -. w•. +♦ _ tt�I. .:?,.- -1 -,., T -.r 11 �� '�o- ..' I'= °.�o :' t g,•- - •+• Map _°" .i . 21\_ _7 I '„ t �. -, • a `•� •.\ �`a ..•� „'.1°�// \I1., ^. T.J.! 1 •. . January 4, 1999 Renton City Council Minutes Page 11 will expire in the year 2008. It also requires AT&T to obtain any necessary federal, state or local authorization prior to the introduction of new services over the Franchisee's system and to pay any fees,taxes or other assessments to the City. The Committee recommended that the City Council authorize adoption of the proposed resolution. MOVED BY NELSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 11 for resolution.) Appointment: Planning Community Services Committee Chair Nelson presented a report recommending Commission concurrence in the Mayor's appointment of Natalie Dohrn to the Planning Commission for a three-year term to expire on June 30, 2001. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Appointment: Board of Ethics Community Services Committee Chair Nelson presented a report regarding appointments to the Board of Ethics. The Administration received a formal request from Local Union No. 2170 to reactivate the Board of Ethics. Since the Administration is committed to upholding and maintaining an ethical, professional organization, and ensuring that all city employees abide by both the letter and spirit of the City's Code of Ethics, it was decided to proceed with the Board of Ethics reactivation. As a result,the Administration submitted a list of five nominees (one representing each of the five organizations or bodies outlined in RMC 2-2-1)for confirmation. The Committee recommended concurrence in all five of the Administration's appointments to the Board of Ethics (Gerry Marsh,Karla Fredericksen,Joy Poff, Randolph Holt, and Rosemary Parris). The terms of office for Board members are staggered for one,two,three, four, and five years respectively, after which the terms of the appointments shall be four years. MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3366 A resolution was read setting a public hearing on January 25, 1999,to vacate a Vacation: Lake View Blvd portion of Lake View Boulevard east of Lake Washington Blvd. and south of NE (104th Ave SE), 20th St. (also referred to as 104th Ave. SE)for Legacy Partners/Martindale, et Martindale/VAC-98-004 al.,VAC-98-004. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution#3367 A resolution was read approving the Estates at Hidden Creek final plat, located Plat: Estates at Hidden Creek, in the vicinity of Duvall Ave.NE and NE 8th St. (FP-98-154). MOVED BY Final(NE 8th St/Chelan P1 PARKER, SECONDED BY CLAWSON, COUNCIL ADOPT THE NE), FP-98-154 RESOLUTION AS PRESENTED. CARRIED. Resolution#3368 A resolution was read approving the change of control of the cable Franchise: TCI Merger with communications franchise from TCI to AT&T. MOVED BY PARKER, AT&T SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Public Safety: Regional Referring to a letter which Mayor Tanner recently sent to King County Executive Services Funding Bill (King Ron Sims regarding the draft Regional Services Funding Bill, which was County Sheriff's Office) proposed by King County Sheriff Dave Reichert, it was MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THIS MATTER TO THE PUBLIC SAFETY COMMITTEE. Mayor Tanner January 4, 1999 Renton City Council Minutes Page 8 single family development on the Conrad parcels,the City would be in danger of selectively setting development standards for particular areas. He maintained that this is a private property issue, saying that if a proposed development meets the City's regulations,it should be allowed and not further restricted. Also,he did not believe that the proposed expansion would change the character of the neighborhood. Mrs. Keolker-Wheeler replied that if any precedent is being set by the agreement pertaining to the Conrad parcels, it is that a developer,the City, and affected residents can work together to reach an agreement which is acceptable to all interested parties. Responding to Councilman Edwards,Mike Kattermann, Director of Neighborhoods &Strategic Planning, said that any development agreement for the Taco Time property would be the subject of a public hearing before the City Council prior to its being approved. *Moved by Keolker-Wheeler, seconded by Schlitzer, Council concur in the majority committee report as presented. Roll call: two ayes (Keolker-Wheeler, Schlitzer);four nays (Parker, Clawson,Edwards,Nelson). Motion failed. **MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE MINORITY COMMITTEE REPORT AS PRESENTED. CARRIED. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council President Parker noted the addition of item 6 j.,described on page 9. Court Case: CRT-98-015, Court Case filed on behalf of Local 32 of the United Association of Journeymen Plumbers &Pipefitters Union and Apprentices of the Plumbing and Pipefitting Industry alleging that NW GM v. Renton, et al. Contractors (a subcontractor on the City Hall remodel project)has not paid required wages,nor made required monthly fringe benefit contributions to Union employees. Refer to City Attorney and Insurance Services. Appeal: Pierre Grady Way City Clerk submitted appeal of Hearing Examiner's decision denying a zoning Rezone from CO to IM, SA- reclassification from Commercial Office (CO)to Medium Industrial (IM)for the 98-126 Pierre Grady Way site located on SW Grady Way between Oakesdale and Powell Avenues SW; appeal filed on 12/30/98 by Vicki Morris, representing James and Barbara Pierre(File No. SA-98-126). Refer to Planning&Development Committee. Vacation: Lake View Blvd City Clerk submitted petition for street vacation of a portion of Lake View Blvd. (104th Ave SE), (104th Ave. SE)located east of Lake Washington Blvd. and south of NE 20th MartindaleNAC-98-004 St.;petition submitted by James S. Martindale, 9712 237th Pl. SW, Edmonds, 98020 (VAC-98-004). Refer to Board of Public Works; set a public hearing for January 25, 1999 to determine the advisability of the vacation. (See page 11 for resolution setting the public hearing.) Plat: Estates at Hidden Creek, Development Services Division recommended approval, with condition, of the Final(NE 8th St/Chelan P1 Estates at Hidden Creek Final Plat; 10 single family lots on 1.73 acres in the NE),FP-98-154 vicinity of NE 8th St. and Chelan Pl.NE (FP-98-154). Council concur. (See page 11 for resolution.) Planning:R-10 and R-14 Zone Economic Development,Neighborhoods & Strategic Planning Department Changes recommended amendments to the R-10 and R-14 zones to: promote small lot development; resolve Code conflicts and clarify fencing and buffering requirements for commercial uses; and incorporate a definition system that • • CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board. Development Services January 4, 1999 Staff Contact.... Kayren Kittrick x7299 Agenda Status Consent X Subject: Estates at Hidden Creek Final Plat Public Hearing... File No: LUA-98-154, FP Correspondence.. 10 single family lots on a 1 .73 acre site in the vicinity of Ordinance NE 8th Street and Duvall Avenue NE Resolution X Old Business Exhibits: New Business 1 . Resolution with map and legal description Study Sessions.... 2. Staff Report and Recommendation, dated 12/21/98 Information Recommended Action: Approvals: Council concur with staff recommendation and adopt the Legal Dept X resolution. Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 1 .73 acres into ten (10) single family homesites. Design and construction of utilities, lighting, and pavement has been approved, accepted or guaranteed as appropriate through the Board of Public Works. All conditions placed on the preliminary plat by the ERC and the Hearing Examiner have been met. STAFF RECOMMENDATION: Approve the Estates at Hidden Creek Final Plat (LUA-98-154, FP) with condition and adopt the resolution. EXHIBIT "A-1" That portion of the south 330 feet of the east half of the west half of the southeast quarter of the northwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the westerly line of 138th Avenue S .E. , as condemned under King County Superior Court Cause No. SC701162; EXCEPT the south 30 feet thereof conveyed to the City of Renton for road under King County Recording No. 9409201136 . END OF EXHIBIT "A-1" r. � • _ ,]'aN �s r1°f .•f^rs�. I i .r; ,.<.> ac� +,�fi,t♦t,.. •`t. tx s '�♦ r . ' r i� .y, f4 ' F -\#.{ � � � • t " + y ....r. � 'r;% a tYnst '' ' •..s4s,..••;� '• 1 ' :tisr i.x,_ a•f•'r } . 7 it tt fr :r-,: :[i; 11.�I'=.k..;;- .\.. ) •'�a„ .•.•". i►t,r tIyi.tr•i.i . :0•'-•,.-4 ti .;.: r.H,: '•� ' '., • ti f , a}`^ •> 2>..;?r (2.0.t•', •j: wRY. •?'�„t 5 Jiw4.vC r!s``;I<€'.:y,2r .tig.;,• r,,JayY, /i.':. t.: h • �.t.' w..'- 1. ,' �. `'-- -' ¢': ` 'd !. • ; ... a} r .': . tL ';%144 a t„ %V .r .• . f t't :?� l; %.yt•• ' i ;.•: +. - • r'. • > k, 1 .y. h14 .. is,z-1s _ st� ♦. . +Si�' - r ..) x.\ + • t �,• s v r t 4.. • ti • • • 1• 2 a, •l.' N ..• ats3' - T T. o sw t +I y+", r a ..:.....,..�...... .... _ . _.. _ ..__ _____2 _.43, ,Y•.•o' •.f 1! Tf�— i$ f ..a- p Mom. 1 _.. 'a'-r. _. �. ......4 w ri< a+••� G. .' 1-:•,:,', ..1 •,e, ,ry a• •4 I ..• :. �t .w n v.,n - 1.i• to i • : :r'''''..u. •••.. �rit.•a 1 yr, L.® _ „"•'. ' :� 7� �Q 064• � 21�Ej ` j •a+oe� {{ to'11: .•v • rr! t 2 tF R atc/' 1•s13X ''j•) S _ w.. • -. a s .. [7 .re r �!(T I! I , .�_a....• '.G01 Yl' W E. �.w j •.w• �.. .r. • • _ �C V 7 at ,•�" '• �..• G 2 TO +2,, t� _r" `�$i` ' tl.l+�' rY G :- •lam•_�J u. ^ ' id -- :; : ;.011� tivs)9 • g ro 1 • - ►- •t"— „••.. 1 ! ? •ti t �I i Msm 12� 1:• 10 • 9 I 8 `. .,,+., 1 ta. .1. 14 ,� • 'l " :� '.. ..: - • 11..g.0' XV/ t "yp A r".o • •at....e ''l• te," Ia , :: •:.,�. +� _- ,a L to , • .. .. , .� IL r';. • „•.•p ... ,o HE 8TH 5T .A¢ 30 •.,.S•.n • +.,� + •...• ne sE II f (` tit/ 1# .;a.o•., nsra,s�r � n P .. . t .�• i o '•• i i i '• ,.,�� are . • ESTATES AT " '` .r HIDDEN CREEK------- -- REEK -�= "• ,,°.'a w ' e ,,11mf1�{.1 ..1 1 ..! 15 ° oar'.. —� ._ }�T • h A ; A a• IA ° v 6 5 . tt• - a) H � F �Tom, --- �-1. �, - 2 i '`a "� r..`:. 9 • RS 2-V.— arm-' `>, t �-�-�r 3 •, t4• F:•'8 4i. '1 I, g 2 ]Caf.. r� I. L ate . +°"Q t ,, 9 2 1 'for yL .was M^_ 9 Ill II�tM 4r tt ti 2k4 ; �� . /-• f` t [: 12 •o k- NE. 8TH S 7• •a• _- .nn _._ '.. o.5 0 ,aIv .,a �' .aJ`9. 0� ,te.� re in `*• .. • •�.re •• ".e '. .u v,; ,a-' :. .,0 .0• at atDe{ •♦ ,,,,^ ,ioe •�•P '•" ,,pe t .e' p 0 1 p'•V -...•. - I i S !I. ea\ o •' o 'o. • ol I '°_-� � pi ;.2•t \ i r 1C.. I"• • '1 10 i;•• .0•o :by. 1. _ _ NO) e .0 I ._oall� .a•� v we 7' Pt 64 • 0351 • ij N ) ',tte''' oa'o : . L.• :: +• //'aptb ]_.0o `r__ PAP .....,• a•�a s♦ .• ` ` ..3 • -a ...3 9 _• 1>i 404! •1• .. •? ' ram.•• ' _ `AO` r !+.' � _ .nal• r� v^'••••-,• v• �•s l' tip, I JI! t 4,3 -1 ,P -,, Laz(!/ � SE12rS1 S7 B z 1 1 t:' �s 5,. to �9_ .t j.. '6 Y • ' r-TAT/-7/i DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Coal Creek Partners LLC LOCATION: NE 8th Street & Chelan PL NE SUMMARY OF REQUEST: Final approval of a 10-lot single family residential plat with amenities SUMMARY OF ACTION: 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, Coal Creek Partners LLC, 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(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 north of NE 8th Street at Chelan Place NE, west of Duvall Avenue NE. 6. The subject site was annexed to the City of Renton with the adoption of Ordinance 3058 enacted in August 1976. 7. The site is zoned to R-8 (single family residential/8 units per acre) with the adoption of Ordinance 4404 enacted in June 1993. 8. The Final Plat includes ten (10) lots originally intended as part of the plat and as required by the Hearing Examiner conditions. 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 ERC conditions as noted below. 1. Temporary erosion control measures shall be installed and maintained to the satisfaction of the Development Services Division for the duration of the project. Applicant has complied. 2. Construction hours shall be limited to between 7:00 a.m. and 7:00 p.m., Monday through Friday, Saturdays as arranged with the Development Services Division but no hours in excess of the weekday hours, and no Sunday Construction. Applicant has complied. 3. The applicant shall submit a Fire Mitigation Fee of$488.00 per new single family home. This fee shall be submitted prior to the recording of the final plat. Prior to the recording of the plat, the applicant shall submit the proper fee. 4. The applicant shall submit a Transportation Mitigation Fee of$75.00 per additional Average Daily Trip at the rate of 9.55 trips per new home site. This fee shall be submitted prior to the recording of the final plat. Prior to the recording of the plat,the applicant shall submit the proper fee. 5. The applicant shall submit a final Construction Mitigation Plan that includes a section indicating haul route and hours, construction hours, and a traffic control plan to the satisfaction of the Development Services Division prior to the issuance of construction permits. Haul hours shall be limited to the hours between 8:30 a.m. and 3:30 p.m. unless approved in advance by the Development Services Division. Applicant has complied. 6. The applicant shall submit a Parks Mitigation Fee of$530.76 per new single family unit prior to the recording of the final plat. Prior to the recording of the plat, the applicant shall submit the proper fee. 11. There were five (5) main conditions imposed on the approval of the Preliminary Plat. 1. The applicant shall create a ten-lot plat consisting of two-tiers of five (5) lots on either side of the new roadway. Applicant has complied. 2. All access to the lots shall be from the new roadway and the face of the plat should prohibit access from any other adjacent street. Applicant has complied. 3. The applicant shall comply with the ERC mitigation measures. Applicant has complied. 4. The existing barn or shed structure shall be removed. Applicant has complied. 5. The hammerhead turnaround shall be created by easement. Applicant has complied. CONCLUSIONS: 1. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process. Any remaining improvements seem certain and are appropriately secured through the Board of Public Works. RECOMMENDATION: The City Council should approve the Final Plat subject to the following conditions: 1. The applicant shall be required to demonstrate complete compliance with all conditions prior to signing of the final mylar. SUBMITTED THIS 21st day of December, 1999 DEVELOPMENT SERVICES DIVISION CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: December 4, 1998 TO: Kayren Kittrick FROM: Sonja J. Fesser t. QP SUBJECT: Estates at Hidden Creek,LUA-98-154-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: Has the 30 feet wide water easement(recorded under King County Rec. No. 4929605),that runs along the westerly side of proposed Lots 6 through 10 in prior submittals, been formally released? If it was released, how was this accomplished? If not released,then note it on the drawing. Note the King County Recording Number for the document granting access and maintenance rights to Puget Power(Puget Sound Energy)for the electric transmission line, as listed under"PLAT RESTRICTIONS" on Sheet 1 of 2. Change the reference to the month(November) as noted within the date lines of the approvals blocks (Sheet 1 of 2). The"Declaration"document and Homeowners' Association document recording numbers need to be noted on the drawing in the spaces provided. These can be added at the time of recording if the recording is to take place concurrently with the plat. See the attachment for a revision to the "Declaration"reference(Sheet 1 of 2). \\TS_SERVER\SYS2\COMMON\\\TS SERVER\SYS2\COMMON\F1LE.SYS\LND\10\0329\RV981201.DOC I IV1v/I uII I Il,V II..V IIVI� I\ #I11K. • . The lots created herein ' " within zone 2 of Renton's aquifer p ction area and are subject to the the City of Renton 61-d #4367. This city's sole source of iking water is supplied from a sha, under the city surface. There is no natural barrier between the water table and ground surface. Extrei be exercised when handling of any liquid substance other than water to protect from contact with the it is the homeowners responsibility to protect the city's drinking water. DEDICATION Know all people by these presents that we, the undersigned owners of interest in the land hereby sub declare this plat to be the graphic representation of the subdivision made hereby, and do hereby dedi of the public forever all streets and avenues not shown as private hereon and dedicate the use there purposes not inconsistent with the use thereof for public highway purposes, and also the right to mel slopes for cuts and fills upon the lots shown thereon in the original reasonable grading of said street. and further dedicate to the use of the public all the easements and tracts shown on this plat for all indicated thereon, including but not limited to parks, open space, utilities and drainage unless such ec tracts are specifically identified on this plat as being dedicated or conveyed to a person or entity oth public, in which case we do hereby dedicate such streets, easements, or tracts to the person or en tit for the purpose stated. This Plat shall be restricted by the terms of the Declaration filed on the day of Records of the City of Renton, King County, Washington, under Recording Number IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEAL. COAL CREEK PARTNERS, LLC A WASHINGTON CORPORATION. BY: TITLE: HOME OWNER ASSOCIATION • Know by all people by these present that we, the undersigned owners in fee simple of the land hereby have established a homeowner's association in accordance with Washington State Law which identifies c this plat as a member of said homeowner's association recorded under King County recording number PLAT RES1R!CTIONS No lot or portion of a lot in this plat shall be divided and sold or resold or ownership changed or tray the ownership of any portion of this plat shall be less than the area required for the use district in w There shall be no direct vehicular access to or from lots 1 through 5 inclusive onto 138th Avenue S.E. There shall he no direct vehicular access to or from lots 1 and 10 onto N.E. 8th Street. Agreement and the, terms and conditions thereof for Roadway maintenance per Recording No. 8704170' Agreement and the terms and conditions thereof to Puget Sound Energy for access rights and mainter priviledges for the electric transmission line adjoining the subject plat boundry. • ACKNOWLEDGMENTT4G+-tl.�i STATE OF WASHINGTON ) ) SS InterOffice Memo To: Sonja Fesser From: Kayren K.Kittrick Date: November 30, 1998 Subject: File#FP-9--- Attached is the most recent copy of the above-referenced _x_final plat short plat lot line adjustment binding site plan map for final review If all Property Services concerns have been addressed and you are able to recommend recording of this plat,please initial this memo below and return to me as soon as possible. However, if there are any outstanding concerns or additional information is required to recommend recording,please send a written summary at your earliest convenience. If you have any questions or if there is any information I can help you with I may be reached at x7299. Property Services Approval Name Date cc: Yellow file • City or rcenton Department of Planning/Building/Public v✓orks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: NY(JOY-� COMMENTS DUE: OCTOBER 19, 1998 APPLICATION NO: LUA-98-154,FP 1 DATE CIRCULATED: OCTOBER 01, 1998 APPLICANT: Coal Creek Partners LLC PROJECT MANAGER: Kayren Kittrick PROJECT TITLE: Estates at Hidden Creek Final Plat WORK ORDER NO: 78444 LOCATION: Duvall Avenue NE and NE 8th Street SITE AREA: 1.72 acres l BUILDING AREA(gross): SUMMARY OF PROPOSAL: Subdivision of 1.72 acres into 10 lots with full amenities including water, sanitary sewer, storm drain, paving, sidewalks, curb, gutter and lighting. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth _ Housing Air Aesthetics Water ( ' • Light/Glare Plants Recreation Land/Shoreline Use Utilities i Animals Transportation . Environmental Health Public Services Energy/ Historic/Cultural \ . Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS kee4AL C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additio nformation is ne d to properly assess this proposal. - D Oct it IFII Signature of Di tor or Authorized Representative Date DEVAPP.DOC Rev 10/93 n a r..-:::::::::-:-:::::::::::::_:-__ . 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City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: OCTOBER 19, 1998 APPLICATION NO: LUA-98-154,FP 'uYve P/cGimae-,DATE CIRCULATED: OCTOBER 01, 1998 APPLICANT: Coal Creek Partners LLC PROJECT MANAGER: Kayren Kittrick PROJECT TITLE: Estates at Hidden Creek Final Plat WORK ORDER NO: 78444 LOCATION: Duvall Avenue NE and NE 8th Street SITE AREA: 1.72 acres BUILDING AREA(gross): SUMMARY OF PROPOSAL: Subdivision of 1.72 acres into 10 lots with full amenities including water, sanitary sewer, storm drain, paving, sidewalks, curb, gutter and lighting. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Llght/Glare _ Plants Recreation LandrShoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS 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 informati is needed to property assess this proposal. 1 Signature of Directo rAuthorized Rep sentative Date DEVAPP.DOC Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Rye_ Areumk COMMENTS DUE: OCTOBER 19, 1998 APPLICATION NO: LUA-98-154,FP DATE CIRCULATED: OCTOBER 01, 1998 APPLICANT: Coal Creek Partners LLC PROJECT MANAGER: Kayren Kittrick 199,. PROJECT TITLE: Estates at Hidden Creek Final Plat WORK ORDER NO: 78444 LOCATION: Duvall Avenue NE and NE 8th Street SITE AREA: 1.72 acres I BUILDING AREA(gross): SUMMARY OF PROPOSAL: Subdivision of 1.72 acres into 10 lots with full amenities including water, sanitary sewer, storm drain, paving, sidewalks, curb, gutter and lighting. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water LightGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS 6a,rc e a s- /`e tli vet S We have reviez!wed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additio al information is eeP ed to properly assess this proposal. 7\ 42,4A0 /d/r02/7? Signature Director or Authorized Re esentative Date DEVAPP. Rev.10193 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: October 13, 1998 TO: Kayren Kittrick FROM: Sonja J.Fesser SUBJECT: Estates at Hidden Creek,LUA-98-154-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 Directly tie the subject property to the Renton Survey Control Network with either a distance from the center of section,City of Renton Monument# 1849 to the southeast corner of the E'z W V2 SE 1/a NW '/a or cleanly identify the line between the N-S centerline of the section and the centerline of Duvall Ave NE as the East Line of theW V2 SE '/a NW 1A. The geometry shown on the plat does not close. The current land use action number(LUA-98-154-FP)needs to replace the preliminary number(LUA- 97-050,PP)that is shown on the drawings. The city's land record number(LND-10-0329) should also be noted on the drawings. The type size for the land record number should be smaller than that used for the land use action number. The legal description(sheet 1 of 2)should include references to the Superior Court Cause Number for 138th Avenue SE and the King County Recording Number for the south 30 feet which was conveyed to the City of Renton. Both of these references are included in the legal descriptions in the Plat Certificate and in the conveying document. Also,remove the reference to"Parcel 3:"at the beginning of the legal description. The southeast corner of proposed Lot 1,as shown on sheet 2 of 2,suggests that the plat boundary line (and the applicant's property) already excludes the fillet at the intersection of NE 8th St. and 138th. Ave. SE. If the street dedication for the fillet is to take place with the recording of this plat,then the portion to be dedicated needs to be included within the plat boundary line. The correct street name for this plat is Chelan PL NE(not 138th Drive SE). NE 8th Street is incorrectly noted as"8TH AVE. NE." \\TS_SER VER\SYS2\COMMONTh\FILE.SYS\LND\10\0329\RV981012.DOC October 12, 1998 Page 2 The addresses for the lots need to be noted on the drawing. See the attached for addressing information. Note all recorded easements and agreements on the drawing. Remove the reference to the month(August)from the approval blocks noted on sheet 1 of 2. It would be better to provide a blank line for the month since it is difficult to determine in what month the plat may be approved and then signed. Note to whom new easements, are to be granted(private or City-held). A new 10 foot wide easement appears to be noted along the street right of ways and along the back boundaries of the proposed lots, but no information is given as to what and to whom said easement is granted. The drawing(sheet 2 of 2)notes that a 30 foot wide water easement is to be abandoned. If so,then the easement will need to be formally released The Home Owners Association language(noted on sheet 1 of 2)is repeated under the Dedication/Certification block. There appear to be no drainage facilities located on private property. If such is the case,then the "Access Easement" and"Private Drainage Easement"notes located on Sheet 1 are not necessary. In addition,the"Access Easement"block includes the name"Kohl Park Addition"within said block. The reference to that subdivision is incorrect,if the"Access Easement"block is needed. Under"Easement Provisions,"Puget Sound Power and Light Company and Washington Natural Gas Company should be noted as Puget Sound Energy(the new combined name). There are no areas noted as "utility easement"or"City of Renton waterline easement" as indicated in this note. No legal description(Exhibit"A")is attached to the Declaration of Covenants,Conditions and Restrictions document. Reference the recording number on the drawing. Note that if there are restrictive covenants or agreements to others 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 City Clerk's office as a package. The plat shall have the first recording number. The recording number(s) for the associated document(s)will be referenced on the plat in the appropriate location(s). What is the purpose of the 20' x 20' area straddling the common line between lots 6&7? If it is a temporary turnaround it needs to be noted as such and the terms of termination of the easement need to be defined. Please review the notes for correct capitalization of proper names. The minutes symbol is missing from the K.C.bearing noted between City of Renton Mon#159 and the section corner not found,in the"Section Breakdown"drawing noted on sheet 2 of 2. Fee Review Comments The Fee Review Sheet for the final review is provided for your use and information. • Outlet P-12 P-11 N1J-2 -1 y`,, P-10 -5 P-4 •-9 -3 -8 P-8 -9 P-2 P-7 11 -7 la -2 P-6 Y -6 dl Project Title:RENTON COIL SPRING Project Engineer:Raymond van der Roest c:\haestad\stmc\7281-2.stm Touma Engineers StormCAD v1.0 10/16/98 10:30:05 AM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1866 Page 1 of 1 Junction: J-1 Rim: 29.50 ft Sump: 21.34 ft Junction: J-2 Inlet: 1-3 Rim: 27.50 ft Rim: 28.40 ft Sump: 24.25 ft Sump: 25.40 ft Inlet: 1-1 Inlet: 1-2 Rim: 29.87 ft Outlet: Outlet Inlet: 1-5 Inlet: 1-4 Rim: 30.00 ft Sump: 26.58 ft Rim: 27.60 ft Rim: 27.60 ft Rim: 28.20 ft Sump: 26.20 ft Sump: 21.50 ft - Sump: 24.00 ft Sump: 25.00 ft 30.00 - 29.00 II �� __ - - _ 28.00 27.00 ���- 1_ 26.00 1 �`�iii 1 Elevation ft I � � 111=1 25.00riv 24.00 23.00 I 1 I 11 ....m...mm -_ 22.00 21.00 0+10 0 50 1+00 1+ • 2+00 2+50 3+00 3+5 4+00 4+50 5+00 5+50 Station ft Pipe: P-10 Up Invert: 25.45 ft Dn Invert: 25.34 ft Pipe: P-1 Length: 38.00 ft Pipe: P-3 Dn Invert: 26.26 ft Section Size: 12 inch Up Invert: 25.89 ft Le Invert:1: 26.26 ft Dn Invert: 25.73 ft Length: 1 Size: 12 ft Pipe: P-1 1 Length: 64.00 ft Section inch Up Invert: 25.34 ft Section Size: 12 inch Dn Invert: 25.32 ft Length: 7.00 ft Pipe: P-2 Section Size: 12 inch Up Invert: 26.26 ft Pipe: P-4 Dn Invert: 25.89 ft Up Invert: 25.73 ft Length: 148.00 ft Pipe: P-12 Dn Invert: 25.45 ft Section Size: 12 inch Up Invert: 24.50 ft Length: 112.00 ft Dn Invert: 24.25 ft Section Size: 12 inch Length: 47.50 ft Section Size: 12 inch /E' r 'Project Title:RENTON COIL SPRING Project Engineer:Raymond van der Roest c:\haestad\stmc\7281-2.stm Touma Engineers StormCAD v1.0 10/15/98 04;02,46 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1 Junction: J-1 Rim: 29.50 ft Sump: 21 .34 ft Junction: J-2 Inlet: 1-8 Inlet: 1-6 Rim: 27.50 ft Rim: 28.50 ft Rim: 29.62 ft Sump: 24.25 ft Sump: 25.25 ft Sump: 26.46 ft Outlet: Outlet Inlet: 1-5 Inlet: 1-9 Inlet: 1-7 Rim: 27.60 ft Rim: 27.60 ft Rim: 28.15 ft Rim: 29.12 ft Sump: 21.50 ft Sum.: 24.00 ft Sum•: 24.75 ft_ _ Sum.: 26.10 ft 30.00 =� _-. - 29.00 I ill 28.00 111111111111 � "II I 27.00 I �� 26.00 1111111....... N.� l:�. II - 111 25.00 Elevation ft I M ' - UI , 24.00 III \ �� , .00 - _ _ _ _ 2223.00 �MI =NM =MEI 21 .00 0+00 I+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 Pipe: P-10 Station ft Up Invert: 25.45 ft Pipe: P-6 Dn Invert: 25.34 ft Up Invert: 26.46 ft Length: 38.00 ft Dn Invert: 26.23 ft Secfion Size: 12 inch Length: 90.00 ft , Pipe: P-8 Section Size: 12 inch Up Invert: 25.89 ft Pipe: P-11 Dn Invert 25.71 ft IUp Invert: 25.34 ft Length: 70.00 ft Dn Invert: 25.32 ft Section Size: 12 inch Pipe: P-7 Length: 7.00 ft Up Invert: 26.23 ft \ Secfion Size: 12 inch Dn Invert: 25.89 ft Length: 134.00 ft Pipe: P-12 Pipe: P-9 Section Size: 12 inch P Up Invert: 25.71 ft Up Invert: 24.50 ft Dn Invert: 25.45 ft Dn Invert: 24.25 ft Length: 103.00 ft Length: 47.50 ft Section Size: 12 inch Section Size: 12 inch vim" Project Title:RENTON COIL SPRING Project Engineer: Raymond van der Roest c:\haestad\stmc\7281-2.stm Touma Engineers StormCAD v1.0 10/16/98 10:28:34 AM Haestad Methods,Inc. 37 Brookside Road Waterbury.CT 06708 (203)755-1666 Page 1 of 1 DOT Report - 25 YR STORM Pipe Inlet Inlet Total -Section- Average -Ground- -HGL- Constructed -Section- Length Roughness -Cover- -Invert • - Area C CA Discharge Velocity Upstream Upstream Slope Shape (ft) Upstream Upstream (acres) (acres) Capacity (ft/s) Downstream Downstream (ft/ft) Size Downstream Downstream (cfs) (ft) (ft) (ft) (ft) P-6 0.12 0.90 0.11 0-30 0.38 29.62 27.78 0.002556 Circular 90.00 0.012 2.16 26.46 1.95 29.12 27.77 12 inch 1.89 26.23 P-7 0.41 0.90 0.48 0.96 1.22 29.12 27.74 0.002537 Circular 134.00 0.012 1.89 26.23 1.94 28.50 27.65 12 inch 1.61 25.89 P-8 0.31 0.90 0.76 1.36 1.74 28.50 27.58 0.002571 Circular 70.00 0.012 1.61 25.89 1.96 28.15 27.50 12 inch 1.44 25.71 P-9 0.07 0.90 0.82 1.43 1.82 28.15 27.42 0.002524 Circular 103.00 0.012 1.44 25.71 1.94 27.60 27.28 12 inch 1.15 25.45 P-1 0.20 0.90 0.18 0.50 0.63 29.87 28.11 0.002560 Circular 125.00 0.012 2.29 26.58 1.95 30.00 28.09 12 inch 2.74 26.26 P-2 0.31 0.90 0.46 0.96 1.22 30.00 28.06 0.002500 Circular 148.00 0.012 2.74 26.26 1.93 28.40 27.97 12 inch 1.51 25.89 P-3 0.49 0.90 0.90 1.67 2.12 28.40 27.86 0.002500 Circular 64.00 0.012 1.51 25.89 1.93 28.20 27.74 12 inch 1.47 25.73 P-4 0.25 0.90 1.13 2.03 2.58 28.20 27.59 0.002500 Circular 112.00 0.012 1.47 25.73 1.93 27.60 27.28 12 inch 1.15 25.45 P-10 0.41 0.90 2.31 3.85 4.90 27.60 26.98 0.002895 Circular 38.00 0.012 1.15 25.45 2.08 29.50 26.60 12 inch 3.16 25.34 P-11 N/A N/A 2.31 3.82 5.20 29.50 26.30 0.002857 Circular 7.00 0.012 3.16 25.34 2.06 27.50 26.15 12 inch 1.18 25.32 P-12 N/A N/A 2.31 3.82 5.17 27.50 25.63 0.005263 Circular 47.50 0.012 2.00 24.50 2.80 27.60 25.08 12 inch 2.35 24.25 Project Title:RENTON COIL SPRING Project Engineer:Raymond van der Roest c:\haestad\stmc\7281-2.stm Touma Engineers StormCAD v1.0 10/16/98 10:25:23 AM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1 PROPJKfY SERVICES FEE REVIEW FOR SUBDIVISIONS No. 97- o i • APPLICANT: • �Y-1 )� '�}�jF -,di�l �.IgI,�L � RECEIVED FROM kk� ,Zg (d te) JOB ADDRESS: c .R E OF WORK: la -- c;IF "" N� �gjT• I. -•-1. AYE S� WO# NA. ❑,PRELIMINARY RE EW_.OF SUBDIV I N BY LONG-PLAT, HlNEED �INF RMATION: # MORE INF RlV[AT[ON: - 0 LEGALDESCRIP'I SHORT PLAT,BINDING SITE PLAN,ETC. 0 PID#'s ❑ VICINITY MAP ) 4 FINAL REVIEW OF SUBDIVISION,THIS REVIEW REPLACES ❑ SQUARE FOOTAGE 0 OTHER PRELIMINARY FEE REVIEW DATED q/qq7 ❑ FRONT FOOTAGE ❑ SUBJECT PROPERTY PARENT PID# ► ,e o5-go74 X NEW KING CO. TAX ACCT.#(s)are required when assigned by King County. It is the intent of this development fee analysis to put the developer/owner on notice,that the fees quoted below may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements(i.e.underground utilities,street improvements,etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. ❑ The existing house on SP Lot# ,addressed as has not previously paid It SDC fees,due to connection to City utilities prior to existance of SDC fee Ord. SP Lotlf will be subject to future SDC fees if triggering mechanisms are touched within current City Ordinances. ❑ We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation. The following quoted fees do NOT include inspection fees,side sewer permits,r/w permit fees or the cost of water meters. SPECIAL ASSESSMENT DISTRICT PARCEL METHOD OF ASSESSMENT ASSESSMEt DISTRICTS NO. NO. ASSESSMENT UNITS OR FEE Latecomer Agreement(pvt)WATER Latecomer Agreement(pvt)WASTEWATER Latecomer Agreement(pvt)OTHER Special Assessment District/WATER 1=t 'cLJ ILCEPT OPPZ.> &22A.52/U1-411— Lzic, 2 Special Assessment District/WASTEWATER + 11-1 1=57 � -+ Il.41.5.1 Joint Use Agreement(METRO) ��6g8 $2 .75 ' Local Improvement District 4� t�`9 CZlaz. Traffic Benefit Zones $75.00 PER TRIP,CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS SYSTEM DEVELOPMENT CHARGE-WATER ❑ Estimated //OF UNITS/ SDC FEE ❑ Pd Prey. 0 Partially Pd(Ltd Exemption) ❑ Never Pd SQ. FTG. Single family residential$850/unit x IC) 1 `'� Mobile home dwelling unit$680/unit in park AltAlqg Rq 02.1 q2 Apartment,Condo$510/unit not in CD or COR zones x Commercial/Industrial, $0.113/sq. ft.of property(not less than S850.00)x Boeing,by Special Agreement/Footprint of Bldg plus 15 ft perimeter(2,800 GPM threshold) SYSTEM DEVELOPMENT CHARGE-WASTEWATER❑ Estimated ❑ Pd Prey. ❑ Partially Pd(Ltd Exemption) ❑ Never Pd 5,850.ao Single family residential SS85/unit x I e10 Mobile home dwelling unit$468/unit x k41 � 9AOZ i92, Apartment,Condo$350/unit not in CD or COR zones x Commercial/Industrial$0.078/sq. ft.of property x(not less than S585.00) SYSTEM DEVELOPMENT CHARGE-SURFACEWATER 0 Estimated 0 Pd Prey. ❑ Partially Pd(Ltd Exemption) ❑ Never Pd �.- Single family residential and mobile home dwelling unit$385/unit x 10 3,8^B.CU -Tar 1. All other properties$0.129sq ft of new impervious area of property x S�gBo,Z l q 2./ (not less than S385.00) I PRELIMINARY TOTAL S -2 •, 534•2-4- ( ci> vkh ) 9/Pict I. e rtnr Si nat f Re ewrngAuthorit D TE i-rTEF3cFrpf)PN ) 1.V13/98 ❑ "If subject property is within an LID, it is developers responsibility to check with the Finance Dept. for paid/un-paid status. ❑ Square footage figures are taken from the King County Assessor's map and are subject to change. c i' ❑ Current City SDC feecharges apply to is , • •• ..., ,, . "*.."i4'.4.- -; _ilitir..14:A1,--:: . . '•• 't71-:::-' ,- „ ,• :.=,, :'... ,..... .• j)%;‘?!.V- ''" '' --.) $' '' -'1,7 .1) •!---'• ill. .1.,,. z: • - .,., •4i4w, , A.----4.-- , , ''. ' . -0( t4- ' ••;g;4. -17* -.., .4 t'''41.- ; - ' 51' ;.'• ' 0044,etivite 1 -'' ' '' ' ri(ArArrilIPA •': -'• - - ' ,.. ;.•., ' --4--:.:, -•• '` • •. -Awe .1,-;-, ,,.: 1,,,,;;‘, ". .;•,f),.1: !.,14.- ti,„ii,, N :::: :...e';•:4; -'' 4e.i, ,...'It' ,. 'lb-.5,1w.,,r, .'','.? '1-• = • . . '''-'16-c;?-44jJ'A Aw4,,•4 : . --'' ...; ',- . . •.,,,,.f! .,, , , ;.•., th„,;:;.c. .;:. , , „:•‘.....1... • ... .. •.,,, . je_N 7-....wdtt, • , .4,6', 1.. . 'o 415, ,4z,:' ',16 '95,'59 44 , `,.,,,...•:.;*Am,eLow, . . . . 22:116, - -.:..:4), ,,,,i..:,:;.:'..• .. ,„ ...,• : ‘. . :-.:.„.!yALA -1 .-,/ _____.> _ ---------- __.„:„._•_-_•±7,,,saiminash.mmip' .•- ': _' - '.. Nini, - o, . ,- - ..._. ___ 2.,•,lh s, ;1041'.1, 4,'• 1 PHASE I -- -_ „ . - --- - - - 's•i.'--, f!' (.„,' PHASE - e it,- ' ,4i , _ i.1-••ri - -_ ..- '': ••• I.a, \ . - - --): 4"5 l':•5• s‘t%4.4164 . 4 /, •,. ,;"-1 4 -1,2 4'.1• 4 ' IR' 34,-iii.• \,. ' - 0 7.4V-1/ • ' '1444-4, ' .----. --.----.--- ) i . • • „, Vti` ,' a, , ' - i• 140C..--: . -, ..- e- 1r .P 'ill:.'\ •!‘' 1 .- ;:i.,1„,A,s\-- ...9 •• ,.. . . -- . 1• --- - ' - -- ... --3-5 4 2 I Q I'!•. ........".-•-•. ._...- v.Ntt-,,4, ---i . . 1 t '24;:t-• ii,tr ,r.z\ .3J HP(X\ (:‘1 'CZ' 1 .• ' ' C• ‘,...• ' \.). .9 . I -.• \ --_-,- - --z-- . k _ . -;•4ivr.,. .." ---- -. , _______ \ • aeart..___ - ----- -Z----------_-. . - 1M.-maitsiatalemellInMIMI \ .. • .. 1 . . - ft— Anommummar—........numuwIlIMILIIIMOINIIIMW/1/1 , ....a) - ..-- . s. • 1 ___ 11111111ftift i_na.1m.1paEa:gi0n.i1.11.11 1.e,I1E.7TIX1IION WATER ,_,0 111=it--. L • •\ — ' t TEMPORARY 0i • •,. - ,`...... TURNAROUND 331141 3c*F'''' "s•• s:••--•z, 6-..y- cs-- g). ----- '. -,....., --.„-.•• -,h. ----fr • • - ,••4 --7.., Oo q ) •'' k).. . izz, , t„„ <3 .•• ;',!•ii- i '-'-- ''•--- ,12 . 1.: §. 5, • 8 • • 9 . 11 -..,„,• ,. , t 1 . , . • Ir PCP 0.),..115Arr . , . . / .,. ',. TE-,-; .1•1.e0 '''',..„. •••••„.. / \..TO BE ' • 14 i REMOVED i •r-1 . ..„. • • • •se •,,. ... , ., i •••„ _ _, ,. % ,. __, ,.• . .. 1 • ', PHASE 11[:- ,,PHASE I - .- i S \ END • e 1 ---11375 24' ---. '---- „, -' ' NEW ''..-...„.....ii • • ............. ........ ,•., VW , •-. , ......._ I I . . , ...__ -,, • 3\ fA 1/11.c.. 6— i.13-ei-e# J (-)1 /1-21k.d, • /--0---y-N CITY ENGINEER'S OFFICE • RENTON, WASHINGTON MUNICIPAL BUILDING* 200 MILL AVENL UTH• RENTON,WASHINGTON 98055 • 235-2E MONUM"., TIES• SKETCH REFERENCE TIES " E 4 TA T E S AT R SK (WE t4 rN+1 Field Book Page Date Made By ti d * CO Si ' I OR I--I}- 1-- r R.o.W. MAR�a,N j,r CTYPvit0 k--- -4-i4 °,.�g9, rZ , P (TYptG�) --. .0�... tQ1.7' mit •OA'--f-. 2i\� N 1 t 1'8 t7IVE S.E . .0I r RD•W. MARL,roJ t` � c I. p p of o I Described by.. j. ti2../..RL5. "v't PBPW6-01 9/26/95 DESCRIPTION OF INTERSECTION MARK Date 01f(7/q S ��� RAT Corner Type of new mark set...'fr g• Moe U"!/2rr t3 , Lk! a ee Section lb Type of old mark found gal Township ? WA Range Method of locating old mark Manner in which reset N/A Description MoMa EuT 604ATe, N91,.7 ' lot. of a u.N6 0 AVE, N.E. ALQW -rfit aureguaue is lit pzve y. •, CITY ENGINEER'S OFFICE • RENTON, WASHINGTON MUNICIPAL BUILDING• 200 MILL AVENU UTH• RENTON,WASHINGTON 98055 • 235-26 MONUMty I TIES SKETCH 1�(0 RTC REFERENCE TIES "E 5 T A T E S A T El(D1 Eal' Field Book Page Date Made By f CO2 _ 1fY* LLE $ET 00 R.O.W. MAWz i-�, 1 �/Z I.R. 3o°13"I .��...� . ....,. A5 GUMR,V4 N IDS'! 190Ve y.6• 8d. 5b.4' 4... 44"mu. cce 5ET �e N AS CUPS RV& N.•N`' w, 1 2 Qo4J .mAR IN t o jLL" I•R•3t 3 ? fl b� ;I �.. . .. ....T..:Described by. lrit5.?., PBPW6-01 9/26/95 DESCRIPTION OF INTERSECTION MARK Date elilI qs Pwr Corner Mast;Type of new mark set.J.TA4L COMA• ................. tVK..•.,.1N:': ICI d Type of old mark found....NP.146 Township 2� Range ttii �1 Method of locating old mark.. A Manner in which reset 11/A Description 40.14004 ceG. i? b,4-' N 1..OF carrazuw 01.av�• N• CITY ENGINEER'S OFFICE • RENTON, WASHINGTON MUNICIPAL BUILDING* 200 MILL AVENI' °'1UTH• RENTON,WASHINGTON 98055 • 235-21 MONUN_ _ TIES SKETCH \NCR�i ' REFERENCE TIES 13 81W AVE. S.E. 4. Field Book Page Date Made By N _ 1 Q'I 1— I J,J y2." l•R,4 I J Rlw MAR4L14 3o6131 ( o '%4,q," DR!u. }tome SET 0 cci As Gage Pu.)C1 N ISS atzivE 9.6; oti' 1•i ?'•+%4" \PRtu. Not. SET' Z a- 1 AS CURB PWC1. a-I O —1l Q Described by.CEIPP.MR, 31 PBPW6-01 9/26/95 a /q DESCRIPTION OF INTERSECTION MARK Date '01 17! ! S PLAT Corner Type of new mark set..�j,';(r4N17Agi?. r.4.... NKr:.MQN 12,1...�J. .;�+....rJ.5....C1..Kr INJ a66 Section IQ Type of old mark found N°N e Township 2e Range Method of locating old mark WA Manner in which reset N/A Description MoNUM L..(,o..( T 2 1 Q ' kJ L"..OF Th6 cageZUMe or 1 ,? Av6 . 6.r✓. (a.k.a, c uv u. 12.6160 kite) AI.0L1.Et...:The GENT-ER. UNe Of g A\/C'.).1,E. ALA 13EN6 AT T1 ImTEP-56CTIOP OF iTk mie.. tE..AJ1 a AvJ- N.E October 5, 1998 Renton City Council Minutes Page 316 be presented to Council at a later date. Transportation: RTA Bus Transportation Systems Division forwarded three proposals for Regional Routing Proposals Express (RTA)bus routing to and through Renton. Refer to Transportation Committee. Transportation: Houser Way Transportation Division submitted CAG-98-095,Houser Way Bridge Scour Bridge Scour Remediation, Remediation project; and recommended approval of the project, Kohl Excavating, CAG-98-095 commencement of 60-day lien period, and release of retained amount of $1,988.85 to Kohl Excavating, Inc., contractor, if all required releases are obtained. Council concur. Transportation: Burlington Transportation Division recommended approval of an agreement in the amount Northern Railway Crossing, of$54,056 with Burlington Northern and Santa Fe(BNSF)Railway for Main Ave S replacement of the railway crossing material at Main Ave. S., as requested by the City. Refer to Transportation Committee. Public Works: Water Main Utility Systems Division submitted request from Coal Creek Partners, LLC, for Oversizing, Duvall Ave NE reimbursement in the amount of$7,209.53 for water main oversizing along (Coal Creek Partners) Duvall Ave. NE near NE 8th St.,provided to comply with the City's O S , Comprehensive Water System Plan. Refer to Utilities Committee. \5 MOVED BY EDWARDS, SECONDED BY SCHLITZER,COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 7.e. AS NOTED. CARRIED. CORRESPONDENCE Correspondence was read from William Langlois, 10403 - 126th Ave. SE, Citizen Comment: Langlois, Renton,requesting connection to the City's sewer system due to the recent Sewer System Connection failure of his septic tank system. Mr. Langlois also cited financial hardship and Request requested approval of a payment reimbursement schedule which would allow him to connect to the sewer at this time while deferring some of the costs to a later date. MOVED BY EDWARDS, SECONDED BY CLAWSON, COUNCIL REFER THIS MATTER TO THE UTILITIES COMMITTEE. CARRIED. Citizen Comment: Lake Correspondence was read from Roger Haynes,president, Lake Terrace Terrace Homeowners' Homeowners' Association, Lake Washington Blvd. N., Renton, 98056, Association,Impending Sale requesting the City's assistance regarding the impending sale of the Lake of Property Terrace Mobile Home Park property at 2100 Lake Washington Blvd. N. Related correspondence from Mayor Tanner to Washington State Senator Margarita Prentice was also read, explaining that the City has received an application to redevelop this site with a 182-unit multi-family project. Lake Terrace Park residents were given a one-year eviction notice on August 15, 1998. The letter added that the City cannot, without just cause, alter the timeframes for the land use process as specified in its development regulations. The owner has the right to apply for the redevelopment of the site, and Renton must adhere to adopted regulations in processing the application. Responding to Councilmember Keolker-Wheeler, City Attorney Lawrence J. Warren agreed that Council's ability to construct a remedy for the affected residents is greatly constrained because, as the appointed appeals body for land use actions of this type, the Council has the potential to hear this issue formally in the future. For this reason, Council must guard against prejudging or prehearing this or any other land use development application. Saying that the development application must be handled according to the legally mandated process, Mrs. Keolker-Wheeler was nevertheless interested in exploring how the City or other agencies can help Lake Terrace residents find Lit Y OF RENTON COUNCIL AGENDA HILL AI #: ( .d, . Submitting Data: Planning/Building/Public Works For Agenda of: October 5, 1998 Dept/DiviBoard.. Lys Hornsby, Utility Systems Director Staff Contact JD Wilson, Acting Water Utility Supervisor Agenda Status Rick Moreno (X-7208) Consent X Subject: Public Hearing... Reimbursement for Water Main Oversizing Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Contractor Letter of Request Study Sessions Cost Data Comparison Sheet Information Recommended Action: Approvals: Refer to Utilities Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $7,209.53 Transfer/Amendment Amount Budgeted $35,145.84 Revenue Generated Total Project Budget $35,145.84 City Share Total Project.. (421/500/18.34.65.55100) Summary of Action: The developer for Hidden Creek Plat, located at the corner of Duvall Avenue NE and NE 8th Street, was directed to install a 16-inch diameter main along the frontage of Duvall Avenue NE. This action was to comply with the Comprehensive Water System Plan. The development would ordinarily be required to install an 8-inch main along the same frontage of Duvall Avenue NE. The developer (Coal Creek Partners, LLC), is requesting reimbursement of the cost difference from a 16-inch main to an 8-inch main. The cost estimate of $7,209.53 provided by the developer is reasonable. STAFF RECOMMENDATION: It is the Planning/Building/Public Works Department staff recommendation that this reimbursement be directed to the October 8, 1998 Utilities Committee meeting prior to rendering a decision concerning this matter. Water Utility recommends approving the reimbursement. H:DIV:UTIL:DOCS:98-653\RM\tb/If COAL CREEK PARTNERS , LLC September 8, 1998 City Council City of Renton 200 Mill Avenue S Renton, WA 98055 RE: Hidden Creek Plat and reimbursement for upgrading size of water main on 138th Ave. SE . Dear Council Members: During the building permit process for Hidden Creek Plat, Coal Creek Partners, LLC was requested by the City of Renton to enlarge the water main at 138th Ave.NE. Per our engineering studies,we had intended to install a 8" line to satisfy the needs of our development,but we were requested by Lys Hornsby to install an 16" line to meet the needs of the City. Therefore,we agreed to install the larger watermain with the understanding that the City would pay for the cost to upsize that main from the 8"which would satisfy our requirements,to the 16"which would satisfy the City's requirements. This letter is to advise you that this project is now completed and I am enclosing a copy of a letter from our sub-contractor,who has identified a cost difference of$7,209.53 between the 8"and 16"watermain. Coal Creek Partners, LLC are now asking for reimbursement of that amount. Please review the attached information and if you have any questions,please do not hesitate to contact me at(425)450-1197. Sincerely, William MW Thimgan Partner cc: Lys Hornsby encls 10900 Northeast 8th street • Suite 105 • Bellevue,Washington 98004 425 ■ 450 • 1197 FAX 425 • 450 • 1198 SEP-' ,8-98 TUE 3: 19 PM r, FROM : ALLPRIDE F. CLEANS ,CE CO. PHONE NO. : 4254322465 Jul. 13 1998 03:15PM P2 �Zeh1►n,ddle.is City ClcrieB Oyu City of Renton 200 'W1 Avcmte South Reatoa,WA 98055-2t89 BILL OF SALE ( {Property Tax ParcetNumbci ; Proved Fiki: Addras� nrIi_n car Pr - �789 Reference Number(,)of Documents asrigud or rcloo sad:Additieaal refers p,anbers are m page Gtautor(s): Graatet(s): I, Coal Creek Partners, LLC I. City ofRaztoe..a Municipal Corporazloa 2. Ito Grantor,as nomad above.fa,and izr=sideration of stueeal l+oaeSts,hereby wadi,bargains,seller and delivers to the Graatce,as named above,the lblloain drectited person at property' WATER SYSTEM: 21621111 L.P.of 16 " CL�0 0 Water Main L.F.of Water terrain 314 LF.of 8 " L 2S1 Q Water M8 n each of 8 " ()ate Valves 1 earl of 6 " Gate Yalvra 1 each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Isaiah , 3 0 3 4 Scwt~r M�►(a . 17 8 LF.of 8 " 3 0 3 4 Sewer Main L.F.of Sewer Main 3 _ seta of 48 1}iazatlet Manholes csoh of " Diameter Manholes tech of " Diameter Manholes STORM DRAINAGS SYSTEM: Length 5.ize 1a 749 L.P.of 12 " N D,$ N—12Storm Liao 6 0 L.F.of 8 " 2034 Storm L{oe z15I F of 6 " 3 c _ Storm Line 1 each of 7 2 x 2 0 " y a v i t Storm Inlet/Outlet 7 each of Tvte T "T, o T.._.. Storm Catch Basin 1 each of 41 "T Y r P e r Manhole STREET IMPROVEMENTS: (Inch:L g Carlo,Gztter,Sidewalk,Ajphalt Pavement) Curb,Otte',Sidewalk. 1 , 160 I.E. Asphalt Pavement: 99 --SY or L.P.of widrh STREET LIGHTt of Of of Pole:_ BY ie cmitysnac,°maaw will warrant iM dekad the solo kieraby 111Aa the welts+a ales a1i cad awry Perms et pgwns,whaaseo ver,lawfully slatmlaa'ar to claim the ware. This conveyance shall bi4d the hairs,a ecuten, aEmialstr and asait=lam, 0 Sheetl 0 CLEAN SERVICE COMPANY,INC. Hidden Creek (MATERIAL ONLY) Quant Unit Description Unit Price Total Quant. Unit Description Unit Price Total 293 FT 8"CL 52 D.I.P. $ 11,28 $3,305.04 293 FT 16"CL 52 D.I.P. $ 23.99 $ 7,029.07 1 EA 8"VERT.CROSS $ 656.25 $ 656.25 1 EA 16"VERT. CROSS $ 1,942.75 $ 1,942.75 2 EA 8"BOLT KIT $ 7.48 $ 14.96 2 EA 16"BOLT IOT $ 30.94 $ 61.88 2 EA RING GASKET KIT $ 1.70 3.40 2 EA RING GASKET KIT $ 5.86 $ 11.72 1 EA 8"BLIND FLANGE $ 60.00 $� 60.00 1 EA 16"BLIND FLANGE $ 322.20 $ 322.20 1 EA 8"X2"BL FLG $ 81.00 $ \81.00 1 EA 16"X2" BL FLG $ 352.20 $ 352.20 1 EA 8"PLUG $ 34.50 $ 34.50 1 EA 16" PLUG $ 174.00 $ 174.00 1 EA 8"plug ,2"tapped Tee $ 46.50 $ 46.50 1 EA 16'plug ,2"tapped Tee $ 189.00 $ 189.00 a. a. 1 EA 8"MJ CAP $ 63.75 $ 63.75 1 EA 16"MJ CAP $ 221.40 $ 221.40 0. 1 EA LONG BODY SLEEVE $ 101.25 $ 101.25 1 EA LONG BODY SLEEVE $ 324.00 $ 324.00 293 FT POLY WRAP $ 0.52 $ 152.36 293 FT POLY WRAP $ 0.80 $ 234.40 0 1 EA POLY PIG $ 50.00 $ 50.00 1 EA POLY PIG $ 95.00 $ 95.00 a 1 EA MISC. GALV FITTINGS $ 250.00 $ 250.00 SUB TOTAL $4.569.01 SUB TOTAL $11,207.62 SALES TAX $ 392.93 SALES TAX $ 963.86 TOTAL $ 4,961.94 TOTAL $12,171.48 .,. .D N GM SUMMARY! =" TOTAL COST FOR 16": $ 12,171.48 ti TOAL COST FOR 8": $ 4,961.94 TOTAL DIFFERENCE: $ 7,209.53 0-)-4 30 a w. "t F.= 00b �' Page 1 w V SEP; 8-98 'TUE 3: 20 PM r ueiu3Iy6 I I : 14 YAA 4Y0 ZJ 41 KEN'TON N/li/FN' IQ�UU3 FR01'I : ALLPR10E & CLEW RUICE CO. PHGNE ND. : 4254322405 Jul. 31 1998 07:45F91 P2 'L'- -1 'i 3 1.:•44 FkfM ND FOu_ER I U 1,42e323435 f'.fif]2•'C(7.2 CLEAN aLRv10E COMPANY INC H.U. Fowler Pj ?- 1 MAPLE VALLEY WA p003BG05� QUOTE# 573407 DATE 7/30/98 JoB NAME HIDDEN C[<EER BID nATE: 7/30/98 JOS LOCATION; ESTIMATOR: FENNY WOLSKV ENG/DESIGNER: FOS: H.D. FOW1.W12 CO. Line Quantity Unit, DeRcr1.ption Uiiic Price EXt Price 001 293 FT R" CL 52 D.I. PIPE, TJ, 11 .28 A30S.04 C151/A21,51, CRMRNTLINED C104, 20FT 002 1 AS 8" MJ X FL CKOSS 656.25 656.25 DI, AWWA C110, C/L 003 2 LEA 8" BLACK BOLT & NUT KIT 7.48 Li,96 8 PER 3110 X 3 1/2", A s07 GR. A. 104 2 EA 8" RING CACKET 1/8"THICK 1.70 3.40 RED RURR.ER, 125LB. 'LC )05 1 EA 8" BLIND FLAWOE 60.00 60.00 DI AWWA C110 )06 1 EA 8" X 2" TAPT BLIND FLG 81 .00 81.00 DI AWWA C110 )07 1 EA 8" M,T PLUG 34.50 34 .50 DI, SSD, ANWA C153 **LESS ACCESSORIES•' )0B 1 EA D" MJ PLUG TAPPED 2" IP 46.50 46.50 DI, SSP., AWWA C1S3 "LESS ACCESSORIES** 199 1 AS 8" M,T CAP TAPPED 2" IP 63.75 61.75 DI, SSB, AWWA C1b3 t10 1 AA 8" MJ SLEEVE LONG PATTERN 101.25 101.25 DI, AWMA C153, C/L '11 293 FT 4.6,&6" POLY RA0 FOR 20' 0.52 152 .36 PIPE. ROLL SIZE: 21" X 440' (22' SECTIONS) (8 MIL) 12 293 F'1 24&16" POLY BAG FOP 201 0.80 234 .40 PIPE. ROLL SIZE: 37" X 352' (8 MIL) TOTAL P.yie'1 �• CIT' '-OF RENTON _\ Planning/Building/Public Works Department J Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor October 01, 1998 Mr. William Thimgan Coal Creek Partners, LLC 10900 NE 8th Street, Suite 105 Bellevue, WA 98004 • SUBJECT: Estates at Hidden Creek Final Plat Project No. LUA-98-154,FP Dear Mr. Thimgan: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me, at (425)430-7299, if you have any questions. Sincerely, litur .k2\. Kayren Kittrick Project Manager ACCPTLTR.DOC 200 Mill Avenue South - Renton, Washington 98055 .<<; <: ;:` : LEGAL DESCRfP3(0111 E1F PRQPERTY {Attach *eparate sE>!.eet 41P.c.r sary) ..• s,,,,, I a-e-14 ------------ • TYPE OP APPLICA'TIQN & PEPS Check all application types.that apply;City;staff will determine fees _ANNEXATION $ SUBDIVISION: _ COMP. PLAN AMENDMENT $ _REZONE $ _ LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ _ SHORT PLAT $ _TEMPORARY PERMIT $ _TENTATIVE PLAT $ _ CONDITIONAL USE PERMIT $ PRELIMINARY PLAT $ _SITE PLAN APPROVAL $ XFINAL PLAT $ I 000 _ GRADE & FILL PERMIT $ (NO. CU. YDS: ) • PLANNED UNIT DEVELOPMENT: $ _ VARIANCE $ • (FROM SECTION: ) _ PRELIMINARY _WAIVER $ FINAL _WETLAND PERMIT $ — ROUTINE VEGETATION — MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ _ BINDING SITE PLAN $ SHORELINE REVIEWS: • _SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ _VARIANCE $ EXEMPTION $No Charoe ENVIRONMENTAL REVIEW $ _ REVISION $ A.FFlDAVIT .OF.OW ``:'``' '::: .. ......................................:::..:.. I, (Print Name)(,Ji II I&i.•• flt L/ ideclare that I am (please check one)>the owner of the property involved in this application,_the authorized representative to act for the property owner(please attach proof of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. 1 ` /1n —7— i `' .." IN , .. ATTEST: Subscrib d nd sworn to before me, a Notary Public, in and W I i �>� ,,` w t • 'f ��is� �j for the State of residing a (Name of Owner/Represen:ati r =. 4 s '� •✓k1 , on the dayof 191 v\A (A, ; s, Ai ' Signature of Owner/RepresentAnlei a' ,,,,,,..- I�1i7�7,Ovw ,``'..-" (S. ature of Notary Public) JANICE BECCA DAV ...... ..... . ..: ..... n.to.becom leted;b ;:. -: :.: p:.::::,> Y C.tty Staff Clty File Numb . A AAD RSP • CAPS .CAP t1 CPA CU•A CU H ECF... LLA • MHP FPUD P R RVMP SA A SA-H SHPL A SHP.L H 5P SM SME TP VGA V-.8 V H W TOT•A •E!ES - '" ; TOTAL POSTAGE PROVIDED :S ... MASTERAP.DOC REVISED 8/97 EXHIBIT "A-1" That portion of the south 330 feet of the east half of the west half of the southeast quarter of the northwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the westerly line of 138th Avenue S.E. , as condemned under King County Superior Court Cause No. SC701162; EXCEPT the south 30 feet thereof conveyed to the City of Renton for road under King County Recording No. 9409201136 . END OF EXHIBIT "A-1" COAL CREEK PARTNERS , LLC September 22, 1998 City of Renton 1055 Grady Way S Renton, WA 98055 RE: Estates at Hidden Creek, File No. LUA97-050, PP The recommended conditions from the Hearing Examiner's Report have been handled in the following manner. 1. A ten-lot plat has been developed consisting of two tiers of five (5)lots on each side of a new roadway. 2. All access to the lots is from the new roadway and the face of the plat prohibits access from any other adjacent street. 3. All ERC mitigation measures have been complied with. 4. The existing structure has been removed. 5. The hammerhead turnaround has been created by easement. William MW Thimgan E�Oti"ENT P�`N`"'NG Member/Manager DEV CTNP OF TENTON SEP 2 a 1998 RECEIVED 10900 Northeast 8th street • Suite 105 • Bellevue,Washington 98004 425 ■ 450 ■ 1197 FAX 425 ■ 450 ■ 1198 /q DESCRIPTION OF INTERSECTION MARK Date 8/ 17! !a r T Corner Type of new mark set.. `f. .!hNPARP....r.Q..NL1.:.1!IPN .Z....r.4?f.'!.`,�,... .�.�..K, lN a6e Section I 1 of old mark found N 0I,6 Township 2 Range Method of locating old mark. WA Manner in which reset NV,A Description MQ/JUM Nz...(,o.. T02 1&o ' iT..a.F The cash.. or if?-11v AVE . 5.6. (a.k.a. OuVALL, FoAp N►E) AI.Q.A1.6. 11-1 GENTLE Lime Of QTl'AVE,I.LG. Ai.50 15EING AT mrtERsecriop OF 1 . VgivE .�,�=Iz., Aix) oltAve, N.E. CITY ENGINEER'S OFFICE * RENTON, WASHINGTON MUNICIPAL BUILDING* 200 MILL AVENUE SOUTH♦ RENTON,WASHINGTON 98055 • 235-2631 MONUMENT TIES SKETCH NGRj� \ REFERENCE TIES 138 AvE. S.E. 1 _r Field Book Page Date Made By .s ytt R.2L. RAN MAR411,1 V 30131 1 , O "-Kt" PRICE NoC.E SET cri AS Cage. PWCC N `--- \ S_ ^'() c-*-J4" pRILL Rae SET z & i AS OARS PWC1. C ? tli 0 3 3 I Described by. tZ 3 PBPW6-01 9/26/95 a DESCRIPTION OF INTERSECTION MARK Date Ol 1714t b RAI Corner Type of new mark set...9.r0WW.Q...ax4 . M00 144''INge.e'?„.1210,., it.; Ot.oe Section lb 1 of old mark found gal Township Range Method of locating old mark N/A Manner in which reset N/A Description 14014.U.14ENT 6494ATer) 111,7 ' NoitIff OF alsITMIN6 0 AVe, ki.F. AL4,46 li-te CeXTEguaue (31.1±-_ owe f.6, CITY ENGINEER'S OFFICE • RENTON, WASHINGTON MUNICIPAL BUILDING* 200 MILL AVENUE SOUTH• RENTON,WASHINGTON 98055 • 235-2631 �1 MONUMENT TIES SKETCH REFERENCE TIES "E 5 TA T ES AT R PT*I E GR Field Book Page Date Made By U + 1-1 M NOR oI0 1— E— ai -j /Z''LR4(3o93'� j..1 j Q.o.w. 'AmamiI,� cnP«.) amm-Of gi ~— •: ya."oRtu, Miler �- 4 pas cu a8 pwv N �"'`9 , A (rfPttac-) ---4-4. ••• at on r Zr i >�•• .• " ■ or 2`� m S eve I.E. .'1 .o r F.o.w. tNaaGi�! ,� 1 1 Described by..���.. pl.,, " PBPW6-01 9/26/95 / DESCRIPTION OF INTERSECTION MARK Date el/17/61s rucr Corner Type of new mark set. .TAW:31.1.42:P..4.4Neet.............e..ef.44/0... Section le, 1 of old mark found. .10.1* Township Range Method of locating old mark..WA Manner in which reset WA Description ito.tamoJT LA-fa Noizra oF ru,- øA\I • N.6. AAA carreziox 13frat CITY ENGINEER'S OFFICE * RENTON, WASHINGTON MUNICIPAL BUILDING• 200 MILL AVENUE SOUTH a RENTON,WASHINGTON 98055 a 235-2631 MONUMENT TIES SKETCH 1�C g,rµ REFERENCE TIES It E 6 TAT E 5 AT Ei(Dt' 1 �� Field Book Page Date Made By I 0 0 R.o.W. MARa - 1 1 ��Z t�'�` %-"9tZ1U.}ID1�E SET m • ASGURE pu' NI «S� Va►vs 4-e• ?48, I -4- •.. .. 11 %4-"vRILL fbt,E 5ET /iv%�` aN I As GURU Rai Nam/iv o z � �.�L ....... . ......� ' -4 Qo1N MARC�cm o jry" •�.R.if 30°�7 fl ts"I — Cz ;1 .1 Described by.aPOg al....r�b, . PBPW6-01 9/26/95 • CITY;OF:RENTOIu MAILBOX EQUiR'EMENTS NOTICE FOR ALL NEW PLATS AN.D SHORT PLATS The Post Office wants to be involved in helping you locate your mailboxes before construction begins. Please take a copy of your plat map along with this form to the City of Renton Post Office, , for their sign-off. Before we can approve your plat we must have the signed copy in our file. This procedure will save you time and money later if you get approval now. . Propery Location: I I a Po ?� i 3� �y. S c (- (av Owner's Name: £ c,Q ecth-ruv14 , L..L.C . Phone#: t/a S — I l 4 7 Project#: LfPc 9"1 - 0 .5-Of PP Post Office Approval: / Date: q913' • DEC,CFI^ r JT PIA n'of REN o J;a" (2 SEP 2 8 1998 FCC 1 V� -_________....: . , ...........____....•••••-+ . . • • ......... ;7' V,e--- 1 7_______.------7-------------TN:—HAA.Y.L4-- - ------7--- --'.27---,17-7/-c---- 1-- o .._ ____ ________ •_ .\,...._.___ _th.ii 7 / 3 .. / 111 I / 0 / O' / I II i in..,........ .v....---_-_____ . it. .. ......-..-...........;... ..,. ..... ...... .. I i (f!.) /lit /11 - 1611-21 . .- ' Si, I / t // r f- ----71%ii /,/jp- i / : /i 1 I / A , ... ,Ir it / I ' .8 ,,1110,/_ / 0/ I i . T--v". / ,,• ,i,lys.,k.":•: / ..., :.• \ ..-- .. .,/ ..• / — 7 II ...- ... \ .• /1 .%"" / / ....I. ' / 1 ....-- - 1 1 I I i I/ I 14 ...{- 0 14 1 , I / . ,/ ! 1 1 \ $1:0 I i / / 6,. I —. I \ ! am , . i ( i I _ . 1 \ „.... i , , I 1 Irt I I . 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SCOTT CBP) 936 P©2 AUG 20 '98 16:22 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF HIDDEN CREEK SUBDIVISION THIS DECLARATION, supersedes and replaces in its entirety the "Protective Covenants Running with the Land for the Plat of Hidden Creek",recorded under THIS DECLARATION, made on the date hereinafter set forth by Coal Creek Partners, LLC,hereinafter referred to as"Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the County of King,State of Washington,which is more particularly described as fully set forth as Exhibit"A"hereto which is incorporated in full by reference as if fully set out. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold dr conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or inteimtdin the described properties or any part thereof, their heirs, successors and assigj ' ' p . shall inure to the benefit of each owner thereof. � OF f`�I�/ SEP 2 8 1998 ARTICLE I � DEFINITIONS Section 1. "Association" shall mean and refer to the Hidden Creek Owner's Association. Section 2, "Owner" shall mean and refer to the record owner, whether one or more persons or entities of the Declarant, of a fee simple title to any lot which is a part of the Properties,but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property herein described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. i0'd dSO=£O 86-17Z-6nd • 4256823636 JOHN L. SCOTT (BP) 936 P©3 AUG 20 '98 16:23 Section 4. "Common Area" shall mean those portions of all real property (including the improvements thereto) which are held in equal and undivided interest by all the property owners at Hidden Creek for the common use and enjoyment by the owners, or are upon right of way areas,however are to be maintained by the Association to enhance the general appearance of the Development. The areas to be held in joint ownership and/or right of way areas to be maintained by the property owners of this plat existing at the time of recording are described as fully set forth at exhibit "B" hereto which is incorporated in full by reference as if fully set out. Section 5. "Common Maintenance Area" shall mean those portions of all dedicated public right-of-way (including the improvements thereto) maintained by the Association. The area to be maintained by the Association at the time of recording of this Declaration is described as follows: All sign and plat identification areas ( including the maintenance or lighting and lighting fixtures of same if the sign be illuminated) pruning and otherwise maintaining, preserving and caring for the planted and landscaped areas identified at Section 4 hereof. Notwithstanding anything to the contrary herein, the Association shall have no duty, except as undertaken by the Association pursuant to Article III, Section 4, to maintain any property, including but not limited to, roads, gutters, curbs, sidewalks, and drainage systems which are or have been conveyed to the City,County,State,or any political subdivision thereof,as the case may be. Section 6 "Lot" shall mean to refer to any plot of land shown upon any recorded subdivision map of the Properties with exception to open space and roads. Section 7 "Declarant' shall mean and refer to Coal Creek Partners, LLC., their successors and assigns, if such successors or assigns should acquire more than one (1) undeveloped lot from the Declarant for the purpose of development. Section 8 "Board" or "Board of Directors" may be used interchangeably and shall mean the duly appointed or elected Board of Directors of Hidden Creek Owner's Association as provided in the Articles of Incorporation and Bylaws of said Association. ZO'd dSO=£O 86-17Z-6ny 4256883636 JOHN L. SCOTT CBP) 936 PO4 AUG 20 '98 16:24 Section 9 "Architectural Control Committee" shall mean the duly appointed or elected committee of the Board of Directors as outlined in Article VI of this Declaration,hereinafter referred to as the"Committee". ARTICLE II PROPERTY RIGHTS Section 1 Owners Easement of Enjoyment. The ownership of each lot shall include an undivided 1/10 interest in the Common Area. No lot owner shall, by act or omission,seek to abandon, partition,subdivide, encumber,sell or transfer the undivided interest in the Common Areas. Every owner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every lot,subject to the following provisions: A. The right of the Association to suspend the voting rights and right to use of the facilities by an owner for any period during which any assessment against his/her lots remains unpaid, and for a period not to exceed sixty(60) days for any infraction of its published rules and regulations; B. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedications or transfers shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been accepted by the receiving public agency and recorded. Section 2. Effect on Insurance. Nothing shall be done or kept in any Common Area whichwill increase the rate of insurance on the Common Area or other lots or improvements without the prior written consent of the Board. Nothing shall be done or kept in any Common Area which will result in the cancellation of insurance or any part of the Common Area, or which would be in violation of any laws. Section 3. Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in or removed from any Common Area or Common Maintenance Area except upon the prior written consent of the Architectural Control Committee and Board. 3 £O'd d9O=£O 86-tsZ-6nV 4256B83636 JOHN L. SCOTT (BP) 936 P05 AUG 20 '98 16:24 Section 4. Dumping in common Areas and Common Maintenance Areas. No trash, plant or grass clippings, or other debris on any kind shall be dumped, deposited or placed on any Common Area and Common Maintenance Area. Section 5. Construction Activity. No structure shall be erected or placed on any lots or receive exterior alteration until the construction plans and specifications have been approved by the Architectural Controls Committee according to the provisions outlined in Article VI. Any dwelling or structure erected or placed on any lot in this subdivision shall be completed as to external appearance,including finishing staining, within nine (9) months after the date of commencement of construction. Variances may be granted by the Architectural Control Committee. Section 6. Building Setbacks. No structure shall be located on arty lot nearer to the front, side and rear lot lined than the minimum dwelling setback lines required by the Renton Municipal Code. No portion of a dwelling on a lot shall be permitted to encroach upon another lot, or upon easement areas as delineated on the face of the plat or as otherwise recorded. Section 7. Building Materials. All home constructed on each Iot shall be built of new materials, with the exception of decor items such as used brick, weathered planking, and similar items. The determination of the Architectural Control Committee is to be rendered as to whether a used material is a decor item or not. All roofs are to be approved by the Architectural Control Committee. All visible masonry shall be native stone,brick or stucco. Section 8. Landscaping and Fencing. No permanent structures or landscaping of any kind,including fences, walls or shrubs, may be built or place within any of the road right-of-ways and easements as delineated on the plat, except as deemed appropriate by the Architectural Control Committee and except as noted below, provided wood fencing may be erected on or within the property of the owner subject to same being temporarily moved, as is necessary to obtain access to the easement area as set forth on the plat herein. No fence shall extend further forward on the lot, than the front of the house upon the property. Front yard landscaping shall be completed and in place, as per plans approved by the Architectural Control Committee within three (3) months of completion of building construction. The Board may grant an additional three (3) month extension for good cause shown. 4 tiO'd d9O=EO 86-17Z-6nd 4256883636 JOHN L. SCOTT CEP? 936 P06 AUG 20 '98 16:2S Fences,walls or shrubs are permitted to delineate the lot lines of each lot, subject to the Architectural Control Committee approval, subject further to said fences, walls or shrubs possible necessity of removal due to use of utility easements as contained on the face of the plat and other easements elsewhere recorded. No barbed wire,chain link or corrugated fiberglass fences shall be erected on any lot. All fences, open and solid, are to meet the standards set by the Architectural Control Committee and must be approved by the Committee prior to construction. The Architectural Control Committee has established a standard fence design (Exhibit C). The standard fence design can be installed on a Lot without approval of the Committee. Section 9. Temporary Residence. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or arty other outbuilding, shall be used on any lot at any time as a residence,either temporarily or permanently. Section 10 Contractor. No home may be constructed on any lot by other than a contractor licensed as a general contractor under the statues of the State of Washington without prior approval of the Architectural Control Committee. Section 11 Wiring. The wiring to accessory buildings of any type shall be underground. Section 12. Antennae. No radio or television antennae, or transmitters shall exceed twenty (20) feet above the roof ridge lien of dwelling, and no separate towers therefore shall be permitted. Parabolic reflectors (satellite dish antennae) shall not be permitted unless approved by the Architectural Control Committee and fully screened from view from the road. Section 14. Signs. No sign, billboard or other advertising structure or device shall be displayed to the public view on any lot except that one sign not to exceed six (6) square feet in area may be place on a lot to offer the property for sale or rent, and signs used by a builder to advertise the property during the construction and sales period will be permitted. Political yard signs, not more than two (2) square feet and of a temporary nature, will be allowed during campaign periods. The Committee may cause any sign placed on the Properties in violation of this provision to be removed and destroyed. Section 15. Animals. No animals, except dogs, cats, caged birds, fish in tanks and other small household pets will be permitted on any lot. Leashed animals or animals trained to respond to voice control are permitted within road right-of-ways. At no time will animals be permitted on road right-of-ways or 5 SO'd dLO:£O 86-t -6flV 4256863636 JOHN L. SCOTT (BP) 936 P07 AUG 20 '99 16:26 other parts of the Properties unattended. Efforts should be made by the person accompanying animal to exercise "scooping" of animal waste. No animal or pet shall be allowed to become a nuisance to other property owners. The keeping of animals and/or pets shall be in compliance with such rules and regulations as may be promulgated by the Homeowner's Association. Section 16. Nuisances. No lot shall be used in whole or part of storage of anything which will cause a lot to appear in an unclean, disorderly or untidy condition. Boats, trailers,recreation vehicles, and disabled vehicles of any kind whatsoever shall not be stored upon the property unless within a built-in garage or screened from view from the road by a fence in conformity with the Covenants, Conditions and approved in advanced by the Architectural Review Committee.No noxious activity or thing shall be permitted on arty lot which may be or become a nuisance or unreasonably interfere with the use and enjoyment of any part of the Properties. Section 17. Delegation of Use and Bylaws Responsibilities. Any owner may delegate, in accordance with the Bylaws of Hidden Creek Owner's Association, his right of enjoyment of the common area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. In the event that an owner rents or leases his property, a copy of this Declaration as well as any rules and regulations that may,in time, be adopted by the Association, shall be made available by said owner to the prospective renter at the time of commitment to the rental agreement and any such agreement shall require such tenant or contract purchaser to agree to be bound by the terms hereof. Each lot owner shall also be responsible for relaying to any quests and service personnel the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association, as they may related to appropriate community behavior. Section 18. Land Use. No lot shall be used for anything other than residential purposes except that home occupation may be allowed as permitted by the Hidden Creek Owner's Association and applicable ordinances, codes, laws or regulations, No dwelling shall be erected, altered, place or permitted to remain on any lot other than one detached single family dwelling not to exceed three stories in height, inclusive of basement, and a private enclosed car shelter for not less than two cars. No single structure shall be altered to provide residence for more than one family. Section 19. Covenants Running with Land. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive 6 90'd deO =£o 86-ti -6ny 4256883636 JOHN L. SCOTT (BP) 936 P©8 AUG 20 '98 16:26 periods of ten (10) years unless an instrument signed by a majority of the then- owners of the lots has been recorded,agreeing to change said covenants in whole or in part. ARTICLE III MAINTENACE OF EXTERIOR AND GROUNDS Section 1 Exterior Maintenance by Owner. Each Iot shall be maintained by the owner thereof in a neat, dean and slightly condition at all times and shall be kept free of accumulation of litter, junk, containers, equipment, building materials, and other debris. All refuse shall be kept in sanitary containers concealed from view of any lot, and the containers shall regularly be emptied with the contents disposed of off the properties. No grass cutting, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties,except that a regularly tended compose device shall not be prohibited. No storage of goods, vehicles, boats, trailers, trucks, camper, recreational vehicles or other equipment or device shall be permitted on open view from any lot, EXCEPT this shall not exclude temporary (less than twenty-four(24)hours) parking or storage of vehicles on the lots,but if so stored, they shall require approval of the Architectural Control Committee. Upon forty-eight(48)hours notice to the owner of an improperly parked vehicles visible from the street that is or remains parked on any Iot or within the public right-of-way that could require permanent open storage of vehicles within the driveway of a lot for a shore term period. Such special situations shall be reviewed by the Architectural Control Committee and, if approved by the Committee,shall be excepted from this covenant for the time period approved. Section 2. Exterior Maintenance by Association. In the event an owner shall fail to maintain the exterior of the premises and the improvements situated thereof in a manner consistent with established community standards, the Architectural Control Committee shall, upon receipt of written complaint by any owner,have the right through its agents and employees,to enter upon said \parcel and to repair, maintain and restore the lot and the exterior of the buildings or any other improvements thereon if the owner shall fail to respond in a manner satisfactory to the Committee within forty-five (45) days after mailing of adequate notice by certified or registered mail, to the last known address of the owner. The cost of such repair, maintenance or restoration shall be assessed against the property, and the Committee shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law.In the event the estimated cost of such repair should exceed one-half of one percent (.5%) of the assessed value of said property and improvements, the Committee shall be required to 7 LO"d dOI :CO 86-17Z-6nd 4256883636 JO141 L. SCOTT (BP) 936 P©9 AUG 23 '98 16:27 have the assent of two-thirds (2/3) of each class of voting membership before undertaking such repair. Section 3. Responsibility for Common Maintenance Areas. There exists certain landscaped areas within the dedicated public right of-wav in the Plat of Hidden Creek that are herein described as Common Maintenance Areas and are designated for screening and community identification purposes. The Association shall be responsible for the maintenance of Common Maintenance Areas. Section 4. Common Area/Common Maintenance Area Repair. Any damage to the Common Area or Common Maintenance Areas or the improvements thereof, including landscape plantings,fences, beams, etc., by the property owners or their children shall be repaired by said property owner within one week or the Architectural Control Committee shall execute said repair and Owner will immediately remit funds for billing. Unpaid assessment shall accrue interest at twelve percent(12%) per annum. Section 5 Maintenance of Landscaping in the Public Right-of Way. The Association shall be responsible for the maintenance and care of any and all landscaping within the public right-of-way. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may bot be separated from ownership of any lot which is subject to assessment. Section 2.The Association shall have tow classes of voting membership? Class A. Class A members shall be all owners, with the exception of the Declarant,and shall be entitled to one vote for each Lot owned., When more than one person holds an interest in any Lot, all such persons shall be members, The vote for such Lot shall be executed as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant, and shall be entitled to Three (3) votes for each Lot Owned. The Class B memberships cease and shall be converted to Class A membership when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. 8 80"d dii =EO 86-tZ-6ny 4256883636 JOHN L. SCOTT CEP) 936 P10 AUG 20 '98 16:28 Section 3 The Association shall have the right to suspend the voting right of an owner for any period during which any assessments against his lot remains unpaid; and for a period not the exceed sixty (60) days for any infraction of its published rules and regulation. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs,and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due and created a lien upon the real properties subject to the provisions of Section 9 hereof.The personal obligation for delinquent assessments (as opposed to the lien upon the property°, shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments.The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the Common Areas and Common Maintenance Areas, as provided in Article M. Section 3.. Maximum Annual Assessment. Until January 1, , the maximum annual assessment shall be $ .00 of which shall be allocated and paid to the Declarant for plan management serves provided the Association by Declarant. Such allocation of funds to the Declarant shall cease when the Association assumes collection, bookkeeping and other management responsibilities from the Declarant as described in the Bylaws of the Association. (a) From and after January 1, the maximum annual assessment may be increased each year not more than five percent (5$) above the maximum assessments for the pervious year without a vote of the membership. (b)From and after January 1, ,the maximum annual assessment may be increased above five percent (5%) by a vote to two-thirds (2/3) of each 9 60'd d3T =6O 86-17Z-611V 4256883636 JOHN L. SCOTT CBP) 936 P11 AUG 20 '98 16:28 class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year,a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Area or any improvements upon the Common Area not prohibited within this Declaration, including fixtures and personal property related thereto, provided that any such assessments shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5.Notice and Quorum for any Action Authorized Under Sections 3 & 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 &4 of this Article V shall be sent to all members not less than thirty (30) days or more than sixty(60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to vote sixty percent(60%) of all votes of each class of membership shall constituent o quorum_ If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. Section 6. Date of Commencement of Annual Assessments. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates_ The annual assessments provided for herein shall commence as to all lots on the first day of the sixth month following of the filing of the Plat of Hidden Creek. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto.The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by art officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed 10 OI 'd dET :EO 86-t -6ny 4256883636 JOHN L. SCOTT (BP) 936 P12 AUG 20 '98 16:29 certificate of the Association as to the status of assessments regarding a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect on Nonpayment of Assessments; Remedies of the Association. Any assessments not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. The owner is responsible for payment of all attorney fees that are incurred with regard to collection of delinquent assessments. No owner may waive or otherwise be relieved of liability for the assessments provided for herein by non- use of the Common Area or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgage.The lien of the assessments provided for herein shall be subordinated to the lien of any first mortgage or Deed of Trust, as the case may be. Sale or transfer of any Lot shall not affect the assessment Iien; however, the sale or transfer of any Lot pursuant to the mortgage foreclosure or trustee's sale pursuant tot the terms of the first Deed of Trust, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. The first mortgage holder of the purchaser of the property at a trustee's sale or the holder of the deed in lieu of foreclosure shall hence forth be responsible as an owner for assessments coming due on the first day of the month following coming into title. Should assessments be made upon an annual basis and be amide prior to the first day of the month following ownership, the new owner shall be responsible for a monthly prorated portion of said annual assessments. Section 10. Exempt Property. All property dedicated to, and accepted by, local public authority shall be exempt from the assessments created herein, except no land or improvements devoted to dwelling use shall be exempt from said assessments. Section 11. Insurance Lots. The Association shall have no obligation to pay any insurance on the Lots or the structures thereon except as expressly provided herein. ARTICLE VI ARCHITECTURAL CONTROL Section 1. there is hereby designated and appointed an Architectural Control committee consisting of two (2) members (hereafter called the "Committee"). Initial members of the Committee shall be Greg Heiser and 11 ii 'd dt'I =EO 86-17Z-6ny 4256883636 JOHN L. SCOTT (BP) 936 P13 AUG 20 '98 16:30 William Thimgan. A member of the Committee may be removed by the board upon a vote of three members of the Board, except the initial Architectural Control Committee shall remain in office as provided in the unnumbered paragraph following. Shall a member of a committee or the Board resign, die or be unable to serve, a successor may be appointed by a unanimous vote of the remaining Board members for the balance of the unexpired term.The committee may unanimously designate one or more if its members or third party to act for and on behalf of the Committee with respect to both ministerial matters and the exercise of judgements vest in the Committee, subject to review by the Committee at the request of any member thereof_The address of the Committee shall be the registered office of the Association_ In the event the Committee does not have more than three (3) members, action by the Committee must be unanimous approval of all members of the Committee. In the event the Committee has there (3) or more members, a majority of the entire committee is required for a decision of the Committee. No member of the Committee shall be entitled to any compensation for services performed on Declaration and shall have no financial obligation of any kind based upOn his/her actions as a member of the Committee. The initial Architectural Control Committee shall remain on office until, at the Committee's option, 75% of all Tots have been constructed upon and/or developer and/or owner have sold their interest in all lots in the development. At this time, the Committee shall notify the various owners of lots that it is relinquishing its duties in all respects. The elected Board of Directors shall appoint an Architectural Control Committee that shall assume the responsibilities and duties described herein. In the event that the initial Board of directors has not been replaced by an elected Board, an election of a new Board of Directors shall be held as provided in the Bylaws of the Association and the newly elected Board shall appoint an Architectural Control Committee. The newly appointed Committee shall not have architectural control of any lots that remain in the ownership of the Declarant. Section 2. All buildings and improvements on a lot shall be a permanent construction and no temporary structure, trailer, ten, garage, outbuilding or other similar device shall be placed on any Lot except with permission of the Committee. No building, fence, wall or other exterior structure shall be commenced, erected, or maintained upon the Properties, nor shall any exterior addition to, or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape,height, materials, and location of the same shall have been submitted to and approved in writing by the Committee as to harmony of external design and location in relation to 12 Zt d dSt O 86-17Z-6nV 4256883636 JC1HU L. SCOTT (BP) 936 P14 AUG 20 '98 16:31 surrounding structures and topography provided, however, cedar fencing may be installed in a workman-like manner as allowed in Article jl,Section 8 hereof. Section 3.Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee consisting of six (6) sets of 8-1/2 by 11 inch copies, and each shall be signed by the owner of the Lot or his authorized agent and shall contain the name and address of the person submitting the same and the Lot to be involved, and shall set forth the following with respect to the proposed structure: (a) plot plan; (b) floor plans; (c) front and rear elevations; (d) outline specifications; (e) legal descriptions and addresses for each lot; (f) the builder's name, phone number, and contact person; (g) such other information as may be required to determine whether such structure conforms with these Restrictions, and the standards set forth by the Architectural Control Committee. Exception: During the initial construction phase when Declarant is also acting as builder, informal verbal approval shall be acceptable. Section 4. Standards> The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Subdivision, which authority shall include but not be limited to the height,configuration,design and appearance of the dwelling and fences, walls, outbuildings, pools, and other structures appurtenant to the use of a dwelling. As to all improvements, construction and alteration, the Committee shall have the right to refuse to approve any design, plan or color. The Committee shall have the right to take into consideration the suitability of the proposed building or structure and the material of which it is to be built and the exterior color scheme,to the site on which it is proposed to erect the same,the harmony thereof with the surroundings, and the effect of the building or structure or alterations therein as planned on the outlook of the adjacent or neighboring property and any and all other factors which, in the committee's opinion, shall affect the desirability or suitability of such proposed structure,improvement or alteration Such determination may be amended and shall be binding on all persons. Section 5. Approval or Disapproval_ Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve and disapprove such plans and specifications which in its opinion do not conform to these restrictions or its aesthetic standards. Approval or disapproval shall be made upon one of the plans specifications. In the event that no approval or disapproval of such plans and specifications is given within thirty (30) days of submission in compliance herewith, copies of such plans and specifications shall be delivered 13 £i 'd dLt :EO 86-17Z-6nd 4256883636 JOHN L. SCOTT (BP) 936 P15 AUG 20 '98 16:31 to the Owner of each adjacent Lot within the Properties together with a statement to the effect that (1) the said plans and specifications have been submitted to the Committee;that(2) thirty (30) days have expired since the date of said submission and that(3)unless suit to enjoin the construction pursuant to the submitted plans and specifications is commenced within ten (10) days after the receipt of the delivered copies,construction will begin pursuant to said plans and specifications.If no suit to enjoin the constructions is commenced within ten (10) days of delivery of copies submitted plans, specifications and statement detailing above described items, said plan and specifications shall be deemed to be approved by the Architectural Control Committee and construction pursuant to said plans may be commenced. No Owner shall be enjoined or subjected to other equitable relief or be required to respond in damages to any other Owner or Owners for any action taken of construction commenced or completed with the approval of the Committee or subsequent to notice as herein provided. In all cases, the ultimate responsibility for satisfying all local governmental building codes and requirements,etc., rests with the homeowner or builder. The Architectural Control Committee shall be held harmless from building requirements not complied with. Section 6. Advisors. The Committee may appoint advisors from time to time to advise on matter pertaining to the properties. No person on the Committee or acting or it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 7. Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained by shall be in furtherance of the purposes and intent of these restrictions. ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce,by any proceeding at law or in equity,all restrictions,conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Any disputes under this Declaration shall be controlled under Washington State Law. In any judicial action to enforce the contents of this Declaration, the losing party shall pay the prevailing party's to ti 'd d8t =£O 86-17Z-6ny • Ci`J! 1 G7 1t 1 rrlvIJGIV .(0 S/q$ Lot name: LOT 1 North: 183795 . 9568 East : 1673124 .7524 Line Course: N 88-22-33 W Length: 95 . 87 North: 183798 . 6741 East : 1673028 . 9209 Curve Length: 14 . 01 Radius : 1075 . 00 Delta: 0-44-48 Tangent: 7 . 01 Chord: 14 . 01 Course: S 00-28-16 W Course In: S 89-09-20 E Course Out : N 89-54-08 W RP North: 183782 . 8309 East : 1674103 . 8041 End North: 183784 . 6655 East : 1673028 . 8057 Line Course: S 00-05-52 W Length: 42 .46 North: 183742 .2055 East : 1673028 . 7332 Curve Length: 23 .15 Radius : 15 . 00 Delta: 88-26-03 Tangent : 14 . 60 Chord: 20 . 92 Course: S 44-07-10 E Course In: S 89-54-08 E Course Out : S 01-39-49 W D��tpp;'EP1T P1-` RP North: 183742 .1799 East : 1673043 .7332 C!j`(OF F•E�'��"" End North: 183727 . 1862 East : 1673043 .2977 1998 Line Course: S 88-20-11 E Length: 63 .53North: SEP 2 Curve Length: 233585 . 3419 ERadius : 15 . 00st : 06 . 8009 RECEIVED Delta: 90-04-15 Tangent : 15 . 02 Chord: 21.23 Course: N 46-37-42 E Course In: N 01-39-49 E Course Out : S 88-24-26 E RP North: 183740 .3356 East : 1673107 .2364 End North: 183739 . 9186 East : 1673122 .2306 Curve Length: 56 . 10 Radius : 1642 . 00 Delta: 1-57-27 Tangent : 28 . 05 Chord: 56 . 10 Course: N 02-34-18 E Course In: S 88-24-26 E Course Out : N 86-26-59 W RP North: 183694 .2782 East: 1674763 .5962 End North: 183795 . 9580 East : 1673124 . 7475 Line Course: S 88-21-56 E Length: 0 . 00 North: 183795 . 9580 East : 1673124 . 7475 Perimeter: 318 . 71 Area: 6, 610 . sq. ft . 0 .15 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0051 Course : N 75-43-42 W Error North: 0 . 00125 East : -0 . 00490 Precision 1 : 63, 078 .88 Lot name: LOT 2 North: 183855 . 6303 East : 1673031 . 2767 Line Course: S 88-22-33 E Length: 98 . 04 North: 183852 . 8515 East : 1673129 .2773 Curve Length: 57 . 08 Radius : 1642 . 00 Delta: 1-59-30 Tangent: 28 . 54 Chord: 57 . 07 Course: S 04-32-46 W Course In: S 84-27-29 E Course Out : N 86-26-59 W RP North: 183694 . 2763 East: 1674763 . 6022 r . End North: 183795 . 9562 East : 1673124 .75 2 o Line Course: N 88-22-33 W Length: 95 .87 North: 183798 . 6734 East : 1673028 . 9220 Curve Length: 57 . 01 Radius : 1075 . 00 Delta: 3-02-19 Tangent : 28 .51 Chord: 57 . 00 Course: N 02-21-50 E Course In: S 89-09-20 E Course Out : N 86-07-01 W RP North: 183782 . 8303 East : 1674103 . 8052 End North: 183855 . 6296 East : 1673031 .2730 Perimeter: 307 . 99 Area: 5, 531 . sq. ft . 0 . 12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0037 Course: S 78-27-22 W Error North: -0 . 00074 East : -0 . 00364 Precision 1 : 82, 958 . 62 Lot name: LOT 3 North: 183912 .5006 East : 1673036 . 6582 Line Course: S 88-22-33 E Length: 99 . 10 North: 183909 . 6918 East : 1673135 . 7184 Line Course: S 07-00-16 W Length: 15 . 30 North: 183894 .5060 East : 1673133 .8526 Curve Length: 41. 91 Radius: 1642 . 00 Delta: 1-27-45 Tangent : 20 . 96 Chord: 41. 91 Course: S 06-16-24 W Course In: S 82-59-44 E Course Out : N 84-27-29 W RP North: 183694 .2701 East : 1674763 .5978 End North: 183852 .8453 East: 1673129 .2729 Line Course: N 88-22-33 W Length: 98 . 04 North: 183855 .6241 East : 1673031 .2723 Curve Length: 57 .13 Radius : 1075 . 00 Delta: 3-02-42 Tangent: 28 . 57 Chord: 57 . 12 Course: N 05-24-20 E Course In: S 86-07-01 E Course Out: N 83-04-19 W RP North: 183782 . 8248 East : 1674103 .8045 End North: 183912 .4945 East : 1673036 . 6537 Perimeter: 311 .48 Area: 5, 625 . sq. ft . 0 . 12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0076 Course: S 36-03-20 W Error North: -0 . 00612 East : -0 . 00446 Precision 1: 41, 112 .71 Lot name: LOT 4 North: 183969 .3139 East : 1673044 . 0500 Line Course: S 07-27-33 W Length: 47 .33 North: 183922 .3844 East : 1673037 . 9057 Curve Length: 9. 96 Radius : 1075 . 00 Delta: 0-31-52 Tangent : 4 . 98 Chord: 9 . 96 Course: S 07-11-37 W 3OF6 • Course In: S 82-32-27 E Course Out : N 83-04-19 RP North: 183782 .8284 East : 1674103 . 8086 End North: 183912 .4981 East : 1673036 . 6579 Line Course: S 88-22-33 E Length: 99 .10 North: 183909 .6892 East : 1673135 .7180 Line Course: N 07-00-16 E Length: 57 .25 North: 183966 .5120 East : 1673142 .6995 Line Course: N 88-22-33 W Length: 98 . 69 North: 183969 .3092 East : 1673044 . 0491 Perimeter: 312 .34 Area: 5, 638 . sq. ft . 0 .12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0048 Course: S 10-55-47 W Error North: -0 . 00476 East : -0 . 00092 Precision 1 : 64, 433 . 60 Lot name: LOT 5 North: 183969 .3139 East : 1673044 . 0500 Line Course: S 88-22-33 E Length: 98 .69 North: 183966 .5167 East : 1673142 . 7004 Line Course: N 07-00-16 E Length: 57 .25 North: 184023 .3395 East: 1673149 . 6818 Line Course: N 88-22-33 W Length: 98 .24 North: 184026 .1239 East : 1673051 . 4813 Line Course: S 07-27-33 W Length: 57 . 30 North: 183969 .3088 East : 1673044 . 0426 Perimeter: 311.48 Area: 5, 612 . sq. ft . 0 .12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0090 Course: S 55-17-49 W Error North: -0 . 00514 East : -0 . 00742 Precision 1: 34, 534 .11 Lot name: LOT 6 North: 184027 .5505 East : 1673001 .2481 Line Course: N 88-22-33 W Length: 114 .34 North: 184030 .7913 East : 1672886 . 9540 Line Course: S 00-03-57 E Length: 57 . 02 North: 183973 .7713 East : 1672887 . 0195 Line Course: S 88-22-33 E Length: 106 . 84 North: 183970 .7431 East : 1672993 . 8166 Line Course: N 07-27-33 E Length: 57 .30 North: 184027 . 5582 East : 1673001 .2553 Perimeter: 335 .50 Area: 6, 303 . sq.ft . 0 .14 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0105 Course : N 42-58-34 E Error North: 0 . 00772 East: 0 . 00719 Precision 1 : 31, 802 .44 'rv• r c Lot name: LOT 7 North: 183916 . 7420 East : 1672887 . 0824 Line Course: N 00-03-57 W Length: 57 . 02 North: 183973 .7620 East : 1672887 . 0168 Line Course: S 88-22-33 E Length: 106 . 84 North: 183970 . 7338 East : 1672993 . 8139 Line Course: S 07-27-33 W Length: 42 .22 North: 183928 . 8710 East : 1672988 .3329 Curve Length: 15 . 06 Radius : 1125 . 00 Delta: 0-46-02 Tangent : 7 .53 Chord: 15 . 07 Course: S 07-04-32 W Course In: S 82-32-27 E Course Out : N 83-18-29 W RP North: 183782 . 8240 East: 1674103 . 8128 End North: 183913 . 9215 East: 1672986 .4773 Line Course: N 88-22-33 W Length: 99 .43 North: 183916 .7397 East : 1672887 . 0873 Perimeter: 320 .58 Area: 5, 876 . sq.ft . 0 .13 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0055 Course: S 64-49-49 E Error North: -0 . 00232 East : 0 . 00494 Precision 1: 58, 768 . 19 Lot name: LOT 8 North: 183913 . 9237 East : 1672986 .4730 Line Course: N 88-22-33 W Length: 99 .43 North: 183916 .7418 East : 1672887 . 0829 Line Course: S 00-03-57 E Length: 57 . 02 North: 183859.7219 East: 1672887 .1484 Line Course: S 88-22-33 E Length: 94 . 15 North: 183857 . 0534 East : 1672981 .2606 Curve Length: 57 . 12 Radius : 1125 . 00 Delta: 2-54-33 Tangent : 28 .57 Chord: 57 .11 Course: N 05-14-14 E Course In: S 86-13-02 E Course Out: N 83-18-29 W RP North: 183782 . 8326 East: 1674103 .8096 End North: 183913 . 9301 East : 1672986 .4742 Perimeter: 307 .72 Area: 5, 503 . sq. ft. 0 . 12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0066 Course: N 10-45-10 E Error North: 0 . 00646 East : 0 . 00123 Precision 1: 46, 818 .31 Lot name: LOT 9 ut- 1D • North: 183859 .7172 East : 1672887 . 1477 Line Course: S 00-03-57 E Length: 57 . 02 North: 183802 .6973 East : 1672887 .2133 Line Course: S 88-22-33 E Length: 91 . 76 North: 183800 . 0965 East : 1672978 . 9364 Curve Length: 57 . 01 Radius : 1125 . 00 Delta: 2-54-13 Tangent : 28 . 51 Chord: 57 .00 Course: N 02-19-52 E Course In: S 89-07-15 E Course Out : N 86-13-02 W RP North: 183782 .8348 East : 1674103 . 8040 End North: 183857 . 0555 East : 1672981.2549 Line Course: N 88-22-33 W Length: 94 . 15 North: 183859 .7240 East: 1672887 .1428 Perimeter: 299.95 Area: 5, 284. sq. ft . 0 . 12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0084 Course: N 36-15-53 W Error North: 0 . 00678 East : -0 . 00497 Precision 1: 35, 675 . 98 Lot name: LOT 10 North: 183800 .0914 East : 1672978 . 9411 Line Course: N 88-22-33 W Length: 91 .76 North: 183802 .6922 East : 1672887 .2180 Line Course: S 00-03-57 E Length: 70 . 98 North: 183731.7122 East : 1672887 .2996 Line Course: S 88-20-11 E Length: 76 . 04 North: 183729 .5047 East : 1672963 .3075 Curve Length: 23 .97 Radius : 15 . 00 Delta: 91-33-57 Tangent : 15 .42 Chord: 21.50 Course: N 45-52-50 E Course In: N 01-39-49 E Course Out : S 89-54-08 E RP North: 183744 .4984 East : 1672963 . 7430 End North: 183744.4728 East : 1672978 .7430 Line Course: N 00-05-52 E Length: 40 .28 North: 183784.7527 East : 1672978 .8117 Curve Length: 15 .34 Radius : 1125 . 00 Delta: 0-46-53 Tangent : 7 . 67 Chord: 15 .35 Course : N 00-29-18 E Course In: S 89-54-08 E Course Out : N 89-07-15 W RP North: 183782 .8329 East : 1674103 .8101 End North: 183800 . 0946 East : 1672978 . 9425 Perimeter: 318 .38 Area: 6, 448 . sq.ft . 0 .14 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 .0034 Course: N 23-17-56 E Error North: 0 . 00315 East : 0 . 00136 Precision 1: 92, 681 . 04 Lot name: PLBNDY1 V/ V • North: 184023 .3415 East : 1673149 . 6844 Line Course: S 07-00-16 W Length: 57 .25 North: 183966 .5187 East: 1673142 .7029 Line Course: S 07-00-16 W Length: 57 .25 North: 183909 .6960 East : 1673135 .7215 Line Course: S 07-00-16 W Length: 15 .30 North: 183894 .5102 East: 1673133 . 8557 Curve Length: 41. 91 Radius : 1642 . 00 Delta: 1-27-45 Tangent : 20 . 96 Chord: 41 . 91 Course: S 06-16-24 W Course In: S 82-59-44 E Course Out : N 84-27-29 W RP North: 183694 .2743 East : 1674763 . 6010 End North: 183852 . 8495 East : 1673129 .2761 Curve Length: 57 . 08 Radius : 1642 . 00 Delta: 1-59-30 Tangent : 28 .54 Chord: 57 . 07 Course : S O4-32-46 W Course In: S 84-27-29 E Course Out : N 86-26-59 W RP North: 183694 .2743 East : 1674763 . 6010 End North: 183795 . 9542 East : 1673124 .7522 Curve Length: 56 .10 Radius : 1642 . 00 Delta: 1-57-27 Tangent : 28 . 05 Chord: 56 . 10 Course: S 02-34-18 W Course In: S 86-26-59 E Course Out: N 88-24-26 W RP North: 183694 .2743 East : 1674763 .6010 End North: 183739 . 9148 East : 1673122 .2354 Curve Length: 23 .58 Radius : 15 . 00 Delta: 90-04-15 Tangent: 15 . 02 Chord: 21.23 Course : S 46-37-42 W Course In: N 88-24-26 W Course Out : S 01-39-49 W RP North: 183740 .3317 East : 1673107 .2412 End North: 183725 .3380 East : 1673106 . 8057 Line Course: N 88-20-11 W Length: 63 .53 North: 183727 .1824 East : 1673043 .3025 Line Course: N 88-20-11 W Length: 39 .60 North: 183728 .3320 East : 1673003 .7192 Line Course: N 88-20-11 W Length: 40 .43 North: 183729 .5058 East : 1672963 .3062 Line Course: N 88-20-11 W Length: 76 . 04 North: 183731.7133 East : 1672887 .2983 Line Course: N 00-03-57 W Length: 70 . 98 North: 183802 .6933 East : 1672887 .2167 Line Course: N 00-03-57 W Length: 57 . 02 North: 183859 . 7132 East : 1672887 .1512 Line Course: N 00-03-57 W Length: 57 . 02 North: 183916 .7332 East: 1672887 . 0857 Line Course: N 00-03-57 W Length: 57 . 02 North: 183973 .7531 East : 1672887 . 0202 Line Course: N 00-03-57 W Length: 57 . 02 North: 184030 .7731 East : 1672886 .9547 Line Course: S 88-22-33 E Length: 114 .34 North: 184027 .5323 East : 1673001.2487 Line Course: S 88-22-33 E Length: 25 . 13 North: 184026 . 8201 East : 1673026 .3686 Line Course: S 88-22-33 E Length: 25 . 13 North: 184026 .1078 East : 1673051.4885 Line Course: S 88-22-33 E Length: 98 .24 North: 184023 .3234 East : 1673149 .6891 Perimeter: 1089 . 99 Area: 73, 519 . sq. ft . 1 . 68 acres Mapcheck Closure - (Uses li d courses, radii, and de a) Error Closure: 0 . 0187 Course: S 14-35-40 E Error North: -0 . 01810 East : 0 . 00471 Precision 1: 58, 291 . 06 Lot name: ROW1 North: 183727 .1799 East : 1673043 . 3024 Line Course: N 88-20-11 W Length: 39. 60 North: 183728 .3295 East : 1673003 . 7190 Line Course: N 88-20-11 W Length: 40 .43 North: 183729.5032 East: 1672963 .3061 Curve Length: 23 . 97 Radius : 15 . 00 Delta: 91-33-57 Tangent : 15 .42 Chord: 21 . 50 Course: N 45-52-50 E Course In: N 01-39-49 E Course Out : S 89-54-08 E RP North: 183744 .4969 East : 1672963 . 7416 End North: 183744 .4713 East : 1672978 .7415 Line Course: N 00-05-52 E Length: 40 .28 North: 183784 .7513 East : 1672978 . 8103 Curve Length: 15 .34 Radius: 1125 . 00 Delta: 0-46-53 Tangent : 7 . 67 Chord: 15 .35 Course: N 00-29-18 E Course In: S 89-54-08 E Course Out : N 89-07-15 W RP North: 183782 .8314 East : 1674103 . 8086 End North: 183800 . 0931 East : 1672978 . 9411 Curve Length: 57 . 01 Radius : 1125 . 00 Delta: 2-54-13 Tangent : 28 . 51 Chord: 57 . 00 Course: N 02-19-52 E Course In: S 89-07-15 E Course Out: N 86-13-02 W RP North: 183782 .8314 East : 1674103 . 8086 End North: 183857 . 0521 East : 1672981 .2596 Curve Length: 57 .12 Radius : 1125 . 00 Delta: 2-54-33 Tangent : 28 . 57 Chord: 57 .11 Course: N 05-14-14 E Course In: S 86-13-02 E Course Out : N 83-18-29 W RP North: 183782 . 8314 East: 1674103 . 8086 End North: 183913 . 9289 East : 1672986 .4732 Curve Length: 15 . 06 Radius : 1125 . 00 Delta: 0-46-02 Tangent: 7 . 53 Chord: 15 . 07 Course: N 07-04-32 E Course In: S 83-18-29 E Course Out: N 82-32-27 W RP North: 183782 .8314 East: 1674103 . 8086 End North: 183928 .8784 East: 1672988 .3288 Line Course: N 07-27-33 E Length: 42 .22 North: 183970 .7412 East : 1672993 . 8098 Line Course: N 07-27-33 E Length: 57 .30 North: 184027 .5563 East : 1673001 .2484 Line Course: S 88-22-33 E Length: 25 .13 North: 184026 . 8440 East : 1673026 .3683 Line Course: S 88-22-33 E Length: 25 .13 North: 184026 .1317 East : 1673051 .4883 Line Course: S 07-27-33 W Length: 57 .30 North: 183969.3166 East: 1673044 . 0496 Line Course: S 07-27-33 W Length: 47 .33 North: 183922 .3871 East: 1673037 . 9052 Curve Length: 9 . 96 Radius : 1075 . 00 We Delta: 0-31-52 Tangent : 4 . 98 Chord: 9 . 96 Course: S 07-11-37 W Course In: S 82-32-27 E Course Out : N 83-04-19 W RP North: 183782 . 8311 East : 1674103 . 8082 End North: 183912 .5008 East: 1673036 .6574 Curve Length: 57 .13 Radius : 1075 . 00 Delta: 3-02-42 Tangent: 28 .57 Chord: 57 .12 Course: S 05-24-20 W Course In: S 83-04-19 E Course Out : N 86-07-01 W RP North: 183782 .8311 East: 1674103 . 8082 End North: 183855 .6304 East: 1673031 .2760 Curve Length: 57 . 01 Radius : 1075 . 00 Delta: 3-02-19 Tangent : 28 .51 Chord: 57 . 00 Course: S 02-21-50 W Course In: S 86-07-01 E Course Out : N 89-09-20 W RP North: 183782 .8311 East: 1674103 . 8082 End North: 183798 .6742 East: 1673028 . 9249 Curve Length: 14 . 01 Radius : 1075 . 00 Delta: 0-44-48 Tangent: 7 . 01 Chord: 14 . 01 Course: S 00-28-16 W Course In: S 89-09-20 E Course Out : N 89-54-08 W RP North: 183782 . 8311 East : 1674103 . 8082 End North: 183784 . 6656 East : 1673028 . 8097 Line Course: S 00-05-52 W Length: 42 .46 North: 183742 .2057 East: 1673028 .7373 Curve Length: 23 . 15 Radius : 15 . 00 Delta: 88-26-03 Tangent : 14 . 60 Chord: 20 . 92 Course: S 44-07-10 E Course In: S 89-54-08 E Course Out : S 01-39-49 W RP North: 183742 . 1801 East : 1673043 . 7373 End North: 183727 .1864 East : 1673043 .3018 Perimeter: 746 . 96 Area: 15, 085 . sq. ft . 0 .34 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0066 Course: N 04-50-52 W Error North: 0 . 00655 East: -0 . 00056 Precision 1 : 113 , 575 . 65 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS • LAND USE PERMIT SUBMITTAL ' WAIVED MODIFIED COMMENTS REQUIREMENTS: BY: BY ;' . Calculations, Survey, Drainage::Control Plana Drainage Report 2 Elevation..s,<Architectural 3 nr,o a Elevations, Grading 2 Existing Covenants (Recorded Copy)4 Existing Easements (Recorded Copy) 4 • Flood Plain Map, if applicable4 ► Floor Plans 3AND4 9 Geotechnioal Report2ANo3 <: Grading Plan, Conceptual 2 Grading Plan, Detailed 2 • King County Assessor's Map Indicating Site 4 Landscaping Plan, Conceptual a Legal Description 4 List of Surrounding Property:Owners4 Mailing Labels for Property Owners 4 Map of Existing Site Conditions4 Master Application Form 4 Monument Cards.(one:per monument) , Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions(PMTs) 4 Postage 4 Public Works Approval Letter2 Title Report or Plat Certificate 4 Topography.Map (5':contours)3 • Traffic Study 2 Tree.CuttingNegetation Clearing Plan 4 Utilities Plan, Generalized 2 Wetlands Delineation'.Map a Wetlands Planting Plan 4 Wetlands Study 4 This requirement may be waived by: 1. Property Services Section PROJECT NAME: - 2. Public Works Plan Review Section 3. Building Section DATE: ' a-3I4� 4. Development Planning Section I Commonwealth LAND TITLE INSURANCE COMPANY Commitment For Title Insurance Title insurance since 1876 DEVE1.O^,"'!ENT CITY OF SEP 2 8 1998 RECEIVED J COMMONWEALTH LAND TITLE INSURANCE CO. 14450 NE 29TH PLACE BELLEVUE, WA 980073697 COAL CREEK PARTNERS, LLC COUNTERSIGNED: 14943 S .E. 66TH ST. jlt 4j & BELLEVUE, WA 98006 Attn: JANICE (3/2) By: GRAE BEAN - (425) 646-5390 FAX - (425) 646-5393 SCHEDULE A Subdivision Guarantee Order No. H798268 Liability: $250 . 00 Premium: $250 . 00 Customer No. Estates at Hidden Creek Tax: 21 . 50 Total : $271 . 50 1 . Name of Assured: #3-OS 2 . Date of Guarantee : THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See "LEGAL DESCRIPTION: " The estate or interest in the land which is covered by this guarantee is : Fee Simple Title to the estate or interest in the land is vested in: COAL CREEK PARTNERS, LLC, a Washington Limited Liability Company subject to the Exceptions shown below, which are not necessarily shown in order of their priority. 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on land or by the public records . 2 . (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or (d) water rights, claims or title to water, whether or not the matters excepted under (a) , (b) , (c) , or (d) are shown by the public records . Page 2 - EXCEPTIONS Order No. H798268 3 . Title to any property beyond the lines of the land expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which said land abuts, or the right to maintain vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property rights or easements are expressly and specifically set forth in the land described herein. 4 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 102305-9074-08 1998 $858 . 99 $858 . 99 $0 . 00 Levy Code : 2145 Assessed Value Land: $65, 000 . 00 Assessed Value Improvement : $ 200 . 00 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : Said premises and other property (Includes portion of said east half lying easterly of 138th Ave. S .E. ) 5 . NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. City/County/Agency: City of Renton Recorded: June 21, 1996 Recording No. : 9606210966 6 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Coal Creek Partners, L.L. C. , a Washington Limited Liability company Trustee : Commonwealth Land Title Beneficiary: Interwest Bank Original Amount : $500, 000 . 00 Dated: March 31, 1998 Recorded: April 3 , 1998 Recording No. : 9804032038 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual . Page 3 i I EXCEPTIONS Order No. H798268 7 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Coal Creek Partners, LLC, a Washington Limited Liability Company Trustee : Commonwealth land Title Ins . Beneficiary: Interwest Bank, a Washington Corporation Original Amount : $233 , 150 . 00 Dated: August 3 , 1998 Recorded: August 14 , 1998 Recording No. : 9808140038 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual . 8 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose : Water pipes Area Affected: West 30 feet of said premises Recorded: August 6, 1958 Recording No. : 4929605 9 . Right to enter the land to make repairs and the right to cut brush and trees which constitute a menace or danger to the electric transmission line adjoining the land, as granted in instrument recorded under Recording No. 3204311 to Puget Sound Power & Light Company. 10 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Recorded: April 17, 1987 Recording No. : 8704170496 Regarding: Roadway maintenance JBS/erl Page 4 Order No. H798268 LEGAL DESCRIPTION: That portion of the south 330 feet of the east half of the west half of the southeast quarter of the northwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the westerly line of 138th Avenue S.E. , as condemned under King County Superior Court Cause No. SC701162 ; EXCEPT the south 30 feet thereof conveyed to the City of Renton for road under King County Recording No. 9409201136 . Page 5 I : i 2 21 —11: ' � 1 4� 1 - ZIPS 1st .� l V. Q...�... O.1 sole p4j- ;t . k, � GQ 0 to co ii ii! si otr li o W ,4 e( • hh _. — M q • 3 z o W .v6 a ", .vs, • g a � d vi • SUB.IL�CT PROrrr�TY•�.�„� l i�.z mc cl es h F " II I i.tx..>, ..... (:) 110 l'A. o . . si %,,.M. ord •3,5 �4D1zoii5c .0•� 2 4i u 32i�43 Dza 4 �� 2DI]0I 1bi�—? — ---�—_-1 ,r" 1305.72 )- 23 - 5 -r. KAI.o ,M, 0/►.ieo o.., ► . C. P.s.ta I. This sketch i.; nrovicicd, without ciutrue, for your in:ar::;a: :: is ;, iv.... attended to showall matters related to the oroperty including. but not limited to. area. c:::;en:s;ons :tse-ments, encroachments. ::. location of h.n::: tiaric:, I: is not a part of, nor does is inhcii ••'••••••amens or policy to which it ::, attacltci 11:_ ( onto:tn•. ... .:inc:, :O I.IAIB1LITYf.. a:.. :: ...• .his sketch. Reference!. .• . •._. `,e nt •.i•_ .. .tees:::ue :t . :.0, (hither informatr • • SCHED ; OF EXCLUSIONS FROM ( 'ERAGE THE EXCLUSIONS FROM COVERAGE REFERRED TO IN PARAGRAPH 3 OF THE CONDITIONS AND STIPULATIONS ARE AS FOLLOWS: ALTA OWNER'S POLICY 110-17-92) AND ALTA LEASEHOLD location of any improvement now or hereafter erected on the land:tau a separation in OWNER'S POLICY 110-17-921 ownership or a change in the dimensions or area of the land or any parcel of which the land The following matters are expressly excluded from the coverage of this policy and the is or was a part:or(iv)environmental protection,or the effect of am violation ot these fees or expenses which arise by reason laws,ordinances or governmental regulations,except to the extent that a nonce of the Company will not pay loss or damage.costs.attorneys' of: enforcement thereof or a notice of a defect.lien or encumbrance resulting from a violation I. (a)Any law,ordinance or governmental regulation(including but not limited to building or alleged violation affecting the land has been recorded in the public records at Date of and zoning laws•ordinances.or regulations)restricting.regulating,prohibiting or relating Policy. to(i)the occupancy,use.or enjoyment of the land:lii)the character.dimensions or (b)Any governmental police power not excluded by lal above.except to the extent that a location of any improvement now or hereafter erected on the land:(lia)a separation in notice of the exercise thereof or a notice of a defect.lien or encumbrance resulting from a ownership or a change in the dimensions or area of the land or any parcel of which the land violation or alleged violation affecting the land has been recorded in the public records at is or was a pan:or(iv)environmental protection.or the effect of any violation of these Date of Policy. laws,ordinances or governmental regulations.except to the extent that t a notice of the '-• Rights of eminent domain unless notice of the exercise thereof has been recorded in the enforcement hereof or a notice of a detect.lien or encumbrance resulting from a violation public records at Date of Policy.but not excludnig from coverage any taking which has or alleged violation affecting the land has been recorded in the public records at Date of occurred poor to Date of Policy which would be binding on the rights of a purchaser for Policy value without knowledge. (b)Any governmental policy power not excluded by(a)above.except to the extent that a 3. Defects.liens,encumbrances,adverse claims or other mattes: notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a (a)created,suffered.assumed or agreed to by the insured claimant: violation or alleged violation affecting the land has been recorded in the public records at (b) not known to the Company,not recorded in the public records at Date of Policy.but Date of Policy. known to the insured claimant and not disclosed in writing to the Company by the insured 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the claimant prior to the date the insured claimant became an insured under this policy. public records at Date of Policy.but not excluding from coverage any taking which has lcl resulting in no loss or damage to the insured claimant: occurred prior to Date of Policy which would be binding on the rights of a purchaser for (d)attaching or created subsequent to Date of Policy(except to the extent that thispolicy value without knowledge. insures the priority of the lien of the insured mortgage over any statutory lien for services. 3. Defects.liens.encumbrances.adverse claims or other matters: labor or material):or (a)created.suflered.assumed or agreed to by the insured claimant: tel resulting in loss or damage which would not have been sustained if the insured claimant (b) not known to the Company'.not recorded in the public records at Date of Policy.but had paid value for the insured mortgage. known to the insured claimant and not disclosed in writing to the Company by the insured 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy.or the inability or failure of any subsequent owner of the claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant: indebtedness,to comply with applicable doing business laws of the state in which the land (di attaching or created subsequent to Date of Policy:or is situated. (el resulting in loss or damage which would not have been sustained if the insured claimant 5. Invalidity or unenforceability of the lien of the insured mortgage.or claim thereof,which had paid t aloe for the estate or interest insured by this policy. arises out of the transaction evidenced by the insured mortgage and is based upon usury.or 4. Any claim.which arises out of the transaction vesting in the Insured the estate or interest any consumer credit protection or truth in lending law. insured by this policy.by reason of the operation of federal bankruptcy.state insolvency. 6. Any statutory lien for services.labor or materials(or the claim of priority of any statutory or similar creditors'rigors laws.that is based on: Tien for services.labor or materials over the lien of the insured mortgage)arising from an iota the tr..nsaetion creature the esiete or interest insured by this policy being deemed a improvement or work related to the land which i.contracted for and commenced fraudulent comecance or fraudulent transfer:or subsequent to Date of Policy and is not financed in whole or in par. proceedsby of the (hi the transaction creating the estate or interest insured by this policy being deemed a indebtedness secured by the insured mortgage which at Date of Policy the insured has r•::rreii.a tr.irsiet e':.ep'whet;the preferential transfer results from the failure advanced or is obligated:o advance. i;to timely isord the instrument of transfer:or 7. Any claim which anses out of the transaction creating the interest of the mortgage insured uu of salt recordation to impart notice to a purchaser liar valor or a judgment or lien ly this policy.by reason of the operation of federal oankruptcy.stun tomvheney.or stinilaf creditor. creditors'rights laws,that is based on: (a)the transaction creating the interest of the insured mortgagee being deemed a fraudulent AI,TA LOAN POLICY (10-17-92) AND ALTA LEASEHOLD LOAN conveyance or fraudulent transfer:or POLICY(10-17-92) (li)the subordination of the interest of the insured mongagee as a result of the application TM:following matters are exrressly excluded from the coverage of this policy and the Company of the doctrine of equitable subordination:or will no:pay loss or damage.costs.attorneys tees or expenses which anse by reason of: (e t the transaction creating the interest of the insured mortgagee being deemed.t • preferential transfer except where the preferential transfer results from the failure: • I. tat.Any law,ordinance or governmental regulation(including but not limited to building of to timely record the instrument of transfer:or an zoning laws.ordinances.or regulations;restricting,regulating.prohibiting or relating (u)of such recordation to impart notice to a purchaser for value or a judgment or lien to(it the occupancy.use.or enjoyment of the land:(it)the character.dimensions or creditor. CLTA STANDARD COVERAGE LOAN POLICY(1990) The toe low ing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage.costs.attorneys'fees or expenses which arise by reason of: I. tat Any law.ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances.or regulations)restricting.regulating.prohibiting or relating to(it the occupancy,use,or enjoyment of the land:(ii)the character.dimensions or location of any improvement now or hereafter erected on the land:(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pan:or tiv)environmental protection.or the effect of any violation of these laws.ordinances or governmental . regulations.except to the extent that a notice of the enforcement thereof or a nonce of a defect.hen or encumbrance resulting front a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. IhiAn governmental police power not excluded by tat above,except to the extent that a notice of the exercise thereof or a notice of a defect.lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. _. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dale of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens.encumbrances.adverse claims or other matters: (a;whether or not recorded in the public records at Date of Policy.but created.suffered.assumed or agreed to by the insured claimant: lb) not known to the Company.not recorded in the public records at Date of Policy.but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: let resulting in no loss or damage to the insured claimant: melt auechtnr or created subsequent to Date of Policy:or let resulting in loss or damage which would not hate been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. a. Ltieniorceability of the lien of the insured mortgage bceause at the inability or taiiure of the utsuted at Date of Policy.or the inability or failure of any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceabilit of the lien of the insured mortgage.or claim thereot.which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law'. 6. Any claim.which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT.AND'A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST Form 2240-6(2-931(WA . SCHEDi OF EXCLUSIONS FROM i ERAGE mmmumilimommimmismolm • THE EXCLUSIONS FROM COVERAGE REFERRED TO IN PARAGRAPH 3 OF THE CONDITIONS AND STIPULATIONS ARE AS FOLLOWS: ALTA OWNER'S POLICY (10-17-92) AND ALTA LEASEHOLD location of any improvement now or hereafter erected on the land:toms a separation in OWNER'S POLICY(10-17-92) ownership or a change in the dimensions or area of the land or any parcel of which the land The following matters are express)excluded from the coverage of this policy and the is or was a part:or(iv)environmental protection.or the effect of am violation ot these Company will not pay loss or damage.costs.attorneys'tees or expenses which arise by reason laws,ordinances or governmental regulations.except to the extent that a notice of the of: enforcement thereof or a notice of a detect.lien or encumbrance resulting from a violation I. la)Any law,ordinance or governmental regulation(including but not limited to building or alleged violation affecting the land has been recorded In the public records at Date of and zoning laws,ordinances.or regulations)restricting.regulating,prohibiting or relating Policy. to(i)the occupancy,use.or enjoyment of the land:(iiI the character,dimensions or (b)Any governmental police power not excluded by lab above.except to the extent that a location of any improvement now or hereafter erected on the land:(inn)a separation in notice of the exercise thereof or a notice of a detect,lien or encumbrance resulting from a ownership or a change in the dimensions or area of the land or any parcel of which the land violation or alleged violation affecting the land has been recorded in the public records at is or was a part:or(iv)environmental protection.or the effect of any violation of these Date of Policy. laws,ordinances or governmental regulations.except to the extent that t a notice of the 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the enforcement hereof or a notice of a defect.lien or encumbrance resulting from a violation public records at Date of Policy.but not excluding from coverage any taking which has or alleged violation affecting the land has been recorded in the public records at Date of occurred prior to Date of Policy which would be binding on the rights of a purchaser for Policy value without knowledge. (b)Any governmental policy power not excluded by(a)above,except to the extent that a 3 Defects.liens,encumbrances.adverse claims or other matters: notice of the exercise thereof or a notice of a defect.lien or encumbrance resulting from a lab crested.suffered,assumed or agreed to by the insured claimant. violation or alleged violation affecting the land has been recorded in the public records at (b) not known to the Company,not recorded in the public records at Date of Policy.but Date of Policy. known to the insured claimant and not disclosed in writing to the Company by the insured 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the claimant prior to the date the insured claimant became an insured under this policy: public records at Date of Policy.but not excluding from coverage any taking which has (c)resulting in no loss or damage to the insured claimant. occurred prior to Date of Policy which would be binding on the rights of a purchaser for (d)attaching or created subsequent to Date of Policy(except to the extent that this policy value without knowledge. insures the priority of the lien of the insured mortgage over any statutory lien for services. 3. Defects.liens.encumbrances.adverse claims or other matters: labor or material):or (a)created.suffered.assumed or agreed to by the insured claimant: let resulting in loss or damage which would not have been sustained if the insured claimant (b) not known to the Company.not recorded in the public records at Date of Policy.but had paid value for the insured mortgage. known to the insured claimant and not disclosed in writing to the Company by the insured 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of claimant prior to the date the insured claimant became an insured under this policy: the insured at Date of Policy.or the inability or failure of any subsequent owner of the (c)resulting in no loss or damage to the insured claimant: indebtedness.to comply with applicable doing business laws of the state in which the land Id)attaching or created subsequent to Date of Policy:or is situated. (el resulting in loss or damage which would not have been sustained if the insured claimant 5. Invalidity or unenforceability of the lien of the insured mortgage.or claim thereof.which had paid value for the estate or interest insured by this policy. arises out of the transaction evidenced by the insured mortgage and is based upon usury or 4. Any claim.which arises out of the transaction vesting in the Insured the estate or interest any consumer credit protection or truth in lending lass. insured by this policy,by reason of the operation of federal bankruptcy,state insolvency. 6. Any statutory lien for services.labor or materials for the claim of priority of any statutory or similar creditors rights laws,that is based on: lien for services,labor or materials over the lien of the insured mortgage)arising from an (a,die transaction creating the estate or interest insured by this policy being deemed a improvement or work related to the land which is contracted for and commenced fraudulent conveyance or fraudulent transfer:or subsequent to Date of Policy and is not financed in whole or in pan by proceeds of the Ito the transaction creating the estate or interest insured by this policy being deemed a indebtedness secured b the insured mortgage which at Date of Polies the assured has preterentiai.reaofer esceni where the preferential transfer results from the failure: advanced or is obligated to advance. I ni timely record the instrument of transfer:or 7. Any claim which arises out of the transaction creating the Interest of the mortgage insured tit i of such recordation to impart notice to a purchaser for‘clue or a judgment or lien by this policy.by reason of the operation of federal bankruptcy.store insolvency.or similar creditor. creditors'rights laws.that is based on: (a)the transaction creating the interest of the insured mortgagee being deemed a fraudulent ALTA LOAN POLICY (10-17-92) AND ALTA LEASEHOLD LOAN conveyance or fraudulent transfer:or POLICY(10-17-92) (b)the subordination of the interest of the insured mortgagee as a result of the application The following matters are expressly excluded from the coverage of this policy and the Company of the doctrine ot equitable subordination:or will not pay loss or damage.costs.attorney~fees or expenses which arise by reason of: is t the transaction creating the interest ot the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: I. la)Any law.ordinance or governmental regulation(including hut not limited to building (i) to timely record the instrument of transfer:or and zoning laws.ordinances.or regulations(restricting.regulating.prohibiting or relating (no)of such recordation to impart notice to a purchaser fix value or a judgment or hen to 10 the occupancy,use,or enjoyment of the land:(nil the character.dimensions or creditor. CLTA STANDARD COVERAGE LOAN POLICY(1990) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage.costs,attorneys'fees or expenses which arise by reason of: I. (at Any law,ordinance or governmental regulation)including but not limited to building or zoning laws,ordinances.or regulations)restricting.regulating,prohibiting or relating to li)the occupancy.use.or enjoyment of the land:lii)the character.dimensions or location of any improvement now or hereafter erected on the land:(jilt a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pan:or tiv)environmental protection.or the effect of any violation of these laws,ordinances or governmental regulations.except to the extent that a notice of the enforcement thereof or a notice of a defect.lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. IbiAny governmental police power not excluded by tat above.except to the extent that a notice of the exercise(hereof or a nonce of a detect.lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy.but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects.liens,encumbrances,adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy.but created.suffered,assumed or agreed to by the insured claimant: (b) not known to the Company.not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c i resulting in no loss or damage to the insured claimant: (d)attaching or created subsequent to Date of Policy:or lei resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this polies. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy.or the inability or failure of any subsequent owner of the indebedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage.or claim thereof.which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. - 6. Any claim.which arises out of the transaction vesting in the.insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal hankrupic .state insolvency or similar creditors'rights laws. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT,AND-A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)REFERRED TO IN THIS COMMITMENT W.'LL BE FURNISHED PROMPTLY UPON REQUEST. Form 2240-6(2-93)(WA) ISSUED BY TMENT FOR TITLE INSURANCE COMMONWEALTH LAND TI URANCE COMPANY Commonwealth Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and-the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument,including Commitment,Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. v‘1ITL f COMMONWEALTH LAND TITLE INSURANCE COMPANY ozqh .140 9 Attest: /rd ✓///% -. O rretary President ��Q3,i1d� Conditions and Stipulations 1. The term mortgage, when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.• Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly'modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 • American Land Title Association Commitment . 5b Cover Page Form 1004-8 OPIr;INA! i \\ Commonwealth LAND TITLE INSURANCE COMPANY Commitment For Title Insurance Title insurance since 1876 J • 4 s COMMONWEALTH LAND TITLE INSURANCE CO. 14450 N.E. 29TH PLACE BELLEVUE, WA 980073697 (800) 455-1105/FAX (425) 646-5393 US BANCORP MORTGAGE 10800 NE 8TH #310 BELLEVUE, WA 98003 Attn: CATHERINE (3/1) CLTIC NO. : H797196 Your No. . Regarding : /COAL CREEK PARTNERS COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1 . Effective Date : AUGUST 6, 1998 at 8 :30 A.M. 2 . Policy or Policies to be issued: (a) ALTA Owner Policy (10-17-92) Amount : $ . 00 Premium: $ Tax : $ Proposed Insured: (b) ALTA Loan Policy (10-17-92) Amount : $ 1098799 . 00 BUILDER RATE EXTENDED Premium: $ 870 . 00 Tax : $ 74 . 82 Proposed Insured: APPROPRIATE LENDER (c) Amount : $ . 00 Premium: $ Tax : $ (d) Amount : $ Premium: $ Tax : $ (e) Premium: $ Tax : $ 3 . The estate or interest in the land described or referred to in the Commitment and covered herein is : FEE SIMPLE -4 Countersigned: ��/ GRAE L. BEAN Phone No. : 646-5390 4110 CLTIC NO. : H797196 4 . Title to the fee estate or interest in said land is at the effective date hereof vested in: COAL CREEK PARTNERS, LLC. , a Washington Limited Liability Company 5 . The land referred to in this Commitment is situated in the County of King, State of Washington, and described as follows : SEE ATTACHED EXHIBIT "A-1" CLTIC NO. : H797196 EXHIBIT "A-1" That portion of the south 330 feet of the east half of the west half of the southeast quarter of the northwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the westerly line of 138th Avenue S.E. , as condemned under King County Superior Court Cause No. SC701162 ; EXCEPT the south 30 feet thereof conveyed to the City of Renton for road under King County Recording No. 9409201136 . END OF EXHIBIT "A-1" CLTIC NO. : H797196 SCHEDULE B - SECTION 1 I . The following are the requirements to be complied with: A. Instrument necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. SCHEDULE B - SECTION 2 II . Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. 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. Any policy issued pursuant hereto will contain the exclusions from coverage and, under Schedule B, the standard exceptions as set forth and identified as to the type of policy on the attached schedules of Exclusions and Exceptions . C. SPECIAL EXCEPTIONS : 1 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 102305-9074-08 1998 $858 . 99 $429 . 50 $429 .49 Levy Code : 2145 Assessed Value Land: $65, 000 . 00 Assessed Value Improvement : $ 200 . 00 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $2 . 50 $2 . 50 AFFECTS : Said premises and other property (Includes portion of said east half lying easterly of 138th Ave. S .E. ) CLTIC NO. : H797196 2 . NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. City/County/Agency: City of Renton Recorded: June 21, 1996 Recording No. : 9606210966 3 . MATTERS relating to the questions of survey, rights of parties in possession, and unrecorded lien rights for labor and material, if any, the disposition of which will be furnished by SUPPLEMENTAL REPORT. The public record discloses the current property address to be : VACANT 4 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Grantor: Coal Creek Partners, L.L.C. , a Washington Limited Liability Company Trustee : Commonwealth Land Title Beneficiary: Interwest Bank, a Washington corporation Original Amount : $500, 000 . 00 Dated: March 31, 1998 Recorded: April 3 , 1998 Recording No. : 9804032038 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual . 5 . Any conveyance or mortgage by COAL CREEK PARTNERS LLC, a Limited Liability Company (LLC) , must be executed by all the members and their respective spouses, or evidence submitted that certain designated members or managers have been authorized to act for the Limited Liability Company. 6 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose : Water pipes Area Affected: West 30 feet of said premises Recorded: August 6, 1958 Recording No. : 4929605 7 . Right to enter the land to make repairs and the right to cut brush and trees which constitute a menace or danger to the electric transmission line adjoining the land, as granted in instrument recorded under Recording No. 3204311 to Puget Sound Power & Light Company. 4111 CLTIC NO. : H797196 8 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Recorded: April 17, 1987 Recording No. : 8704170496 Regarding: Roadway maintenance END OF EXCEPTIONS NOTE 1 : 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 . Portion of W 1/4 SE 1/4 NW 1/4 STR 10-23-5 FJG/cgg Copies have been sent to the following: KELLY LAWSON CLTIC 11400 S .E. 6TH STREET, SUITE 210 BELLEVUE, WA 98004 Attn: (3/1) END OF SCHEDULE B Investigation should be made to determine if there are any service, installation, maintenance, or construction charge for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. This company is a Pennsylvania Corporation and is in no way affiliated or connected with Commonwealth Title Insurance Company or Commonwealth Title Company of Pierce County, Washington. lb 1111 , � 1 e �` aZ ilky'�", S" ,` G�c ;T.. �t�A` ti f 1 © h rr�.�s t - 1 )`- zos �� . f h e.._4.., o.l lose I .14 o ' M IG r. • p •� po 0 `v li :o — W ; v do • v% 1 olq Iii q O I.1`j 2 W AV 11 . . • n tp , ________ •, tv. .4„,,, ... _. I !: i • SUBJ& r PROPCrZ.Ty v t AM.r -- .�. s .rs,Z ill �k al ; 4 • ,4 I. I h q L• L ' �_.y. ,.10,"_ © K "tr. Qw •r•MNexa, N E. 8 TH ST.�•'•'1.,«v..i.. 3 E er" 25 01a 32iL4S R4"4"-"d 34156 - gap?LOu�G o _.,.� 5aa.4 Ewa' 2 4� �� 23 � • ar,� - -1305.72— T►ai% ...4 .v 1 aAMONO o.v K.C. AaQ., This sketch is provided, without charge, for your information It is not intended to showall matters related to the property including, but not limited to, area, dimensions, ease-ments, encroachments, or location of boundaries. It is not a part of, nor does it modif',the commitment or policy to which it is attached. The Company assumes NO LIABILITYfor any matter related to this sketch. References should be made to an accurate survey for further information SCHEDlik OF EXCLUSIONS FROMWERAGE 4 • - THE EXCLUSIONS FROM COVERAGE REFERRED TO IN PARAGRAPH 3 OF THE CONDITIONS AND STIPULATIONS ARE AS FOLLOWS: ALTA OWNER'S POLICY (10-17-92) AND ALTA LEASEHOLD location of any improvement now or hereafter erected on the land:(itit a separation in OWNER'S POLICY(10-17-92) ownership or a change in the dimensions or area of the land or any parcel of which the land The following matters are expressly excluded from the coverage of this policy and the is or was a part:or(iv)environmental protection,or the effect of any violation of these Company will not pay loss or damage.costs.attorneys'fees or expenses which arise by reason laws.ordinances or governmental regulations,except to the extent that a notice of the of: enforcement thereof or a notice of a defect.lien or encumbrance resulting from a violation I. (a)Any law,ordinance or governmental regulation(including but not limited to building or alleged violation affecting the land has been recorded in the public records at Date of and zoning laws,ordinances.or regulations)restricting,regulating,prohibiting or relating Policy. to(i)the occupancy.use.or enjoyment of the land:(ii)the character.dimensions or (b)Any governmental police power not excluded by(a)above.except to the extent that a location of any improvement now or hereafter erected on the land:(iiil a separation in notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a ownership or a change in the dimensions or area of the land or any parcel of which the land violation or alleged violation affecting the land has been recorded in the public records at is or was a part:or(iv)environmental protection.or the effect of any violation of these Date of Policy. laws,ordinances or governmental regulations.except to the extent that t a notice of the 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the enforcement hereof or a notice of a detect.lien or encumbrance resulting from a violation public records at Date of Policy,but not excluding from coverage any taking which has or alleged violation affecting the land has been recorded in the public records at Date of occurred prior to Date of Policy which would be binding on the rights of a purchaser for Policy. value without knowledge. (h)Any governmental policy power not excluded by(a)above.except to the extent that a 3. Defects,liens.encumbrances,adverse claims or other matters: notice of the exercise thereof or a notice of a defect.lien or encumbrance resulting from a (a)created,suffered,assumed or agreed to by the insured claimant: violation or alleged violation affecting the land has been recorded in the public records at (b) not known to the Company,not recorded in the public records at Date of Policy.but Date of Policy. known to the insured claimant and not disclosed in writing to the Company by the insured 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the claimant prior to the date the insured claimant became an insured under this policy: public records at Date of Policy.but not excluding from coverage any taking which has (e)resulting in no loss or damage to the insured claimant: occurred prior to Date of Policy which would be binding on the rights of a purchaser for (d)attaching or created subsequent to Date of Policy(except to the extent that this policy value without knowledge. insures the priority of the lien of the insured mortgage over any statutory lien for services. 3. Defects.liens.encumbrances.adverse claims or other matters: labor or material):or (at created.suffered.assumed or agreed to by the insured claimant: (el resulting in loss or damage which would not have been sustained if the insured claimant (b) not known to the Company,not recorded in the public records at Date of Policy,but had paid value for the insured mortgage. known to the insured claimant and not disclosed in writing to the Company by the insured 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of claimant prior to the date the insured claimant became an insured under this policy: the insured at Date of Policy,or the inability or failure of any subsequent owner of the (Cl resulting in no loss or damage to the insured claimant: indebtedness,to comply with applicable doing business laws of the state in which the land (d)attaching or created subsequent to Date of Policy:or is situated. tel resulting in loss or damage which would not have been sustained if the insured claimant 5. Invalidity or unenforceability of the lien of the insured mortgage.or claim thereof,which had paid value for the estate or interest insured by this policy. arises out of the transaction evidenced by the insured mortgage and is based upon usury or 4. Any claim.which arises out of the transaction vesting in the Insured the estate or interest any consumer credit protection or truth in lending law. insured by this policy.by reason of the operation of federal bankruptcy,state insolvency. 6. Any statutory lien for services.labor or materials(or the claim of priority of any statutory or similar creditors'rights laws,that is based on: lien for services.labor or materials over the lien of the insured mortgage)arising from an (a)the transaction creating the estate or interest insured by this policy being deemed a improvement or work related to the land which is contracted for and commenced fraudulent conveyance or fraudulent transfer:or subsequent to Date of Policy and is not financed in whole or in pan by proceeds of the (lit the transaction creating the estate or interest insured by this policy being deemed a indebtedness secured by the insured mortgage which at Date of Policy the insured has preferential transfer except where the preferential transfer results from the failure: advanced or is obligated to advance. in to timely record the instrument of transfer:or 7. Any claim which arises out of the transaction creating the interest of the mortgage insured (ii)of such recordation to impart notice to a purchaser for value or a judgment or lien by this policy.by reason of the operation of federal bankruptcy.state insolvency.or similar creditor. creditors'rights laws,that is based on: (a)the transaction creating the interest of the insured mortgagee being deemed a fraudulent ALTA LOAN POLICY (10-17-92) AND ALTA LEASEHOLD LOAN conveyance or fraudulent transfer:or POLICY(10-17-92) (b)the subordination of the interest of the insured mortgagee as a result of the application The following matters are expressly excluded from the coverage of this policy and the Company of the doctrine of equitable subordination:or will not pay loss or damage.costs.attorney;fees or expenses which anse by reason of: (c)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: J. (a)Any law,ordinance or governmental regulation(including but not limited to building (l) to timely record the instrument of transfer:or and zoning laws,ordinances.or regulations)restricting.regulating.prohibiting or relating (it)of such recordation to impart notice to a purchaser for value or a judgment or lien to U)the occupancy.use.or enjoyment of the land:(ii)the character.dimensions or creditor. CLTA STANDARD COVERAGE LOAN POLICY(1990) The follow ing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs.attorneys fees or expenses which arise by reason of: I. (a)Any law,ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances.or regulations)restricting.regulating,prohibiting or relating to(il the occupancy.use.or enjoyment of the land:(iil the character.dimensions or location of any improvement now or hereafter erected on the land:(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part:or(iv)environmental protection.or the effect of any violation of these laws.ordinances or governmental regulations.except to the extent that a notice of the enforcement thereof or a notice of a detect.lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. th'Any governmental police power not excluded by tat above,except to the extent that a notice of the exercise thereof or a notice of a defect.lien or encumbrance resulting fmm a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy.but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. . Detects.liens,encumbrances,adverse claims or other matters: whether or not recorded in the public records at Date of Policy.but created.suffered.assumed or agreed to by the insured claimant: (h) not known to the Company.not recorded in the public records at Date of Policy,hut known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: is i resulting in no loss or damage to the insured claimant: Id)attaching or created subsequent to Date of Policy:or (c)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4_ Unenlorceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage.or claim thereof.which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal hankruptc>.state insolvency or similar creditors'rights laws. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT.AND.A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Form 2240-6(2-93)(WA) SCHEAllik OF EXCLUSIONS FROM ftERAGE THE EXCLUSIONS FROM COVERAGE REFERRED TO IN PARAGRAPH 3 OF THE CONDITIONS AND STIPULATIONS ARE AS FOLLOWS: ALTA OWNER'S POLICY (10-17-92) AND ALTA LEASEHOLD location of any improvement now or hereafter erected on the land:tiin a separation in OWNER'S POLICY(10-17-92) ownership or a change in the dimensions or area of the land or any parcel of which the land The following matters are expressly excluded from the coverage of this policy and the is or was a part:or(iv)environmental protection.or the effect of any violation of these Company will not pay loss or damage,costs.attorneys'fees or expenses which arise by reason laws,ordinances or governmental regulations,except to the extent that a notice of the of: enforcement thereof or a notice of a defect.lien or encumbrance resulting from a violation I. (a)Any law,ordinance or governmental regulation(including but not limited to building or alleged violation affecting the land has been recorded in the public records at Date of and zoning laws•ordinances.or regulations)restricting.regulating,prohibiting or relating Policy. to(i)the occupancy,use.or enjoyment of the land:(ii)the character,dimensions or (b)Any governmental police power not excluded by(a)above.except to the extent that a location of any improvement now or hereafter erected on the land:(iii)a separation in notice of the exercise thereof or a notice of a defect.lien or encumbrance resulting from a ownership or a change in the dimensions or arca of the land or any parcel of which the land violation or alleged violation affecting the land has been recorded in the public records at is or was a part:or(iv)environmental protection.or the effect of any violation of these Date of Policy. laws.ordinances or governmental regulations.except to the extent that I a notice of the 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the enforcement hereof or a notice of a defect.lien or encumbrance resulting from a violation public records at Date of Policy.but not excluding from coverage any taking which has or alleged violation affecting the land has been recorded in the public records at Date of occurred prior to Date of Policy which would be binding on the rights of a purchaser for Policy. value without knowledge. (blAny governmental policy power not excluded by la)above.except to the extent that a 3. Defects.liens.encumbrances.adverse claims or other matters: notice of the exercise thereof or a notice of a defect.lien or encumbrance resulting from a (a)created.suffered,assumed or agreed to by the insured claimant: violation or alleged violation affecting the land has been recorded in the public records at lb) not known to the Company,not recorded in the public records at Date of Policy.but Date of Policy. known to the insured claimant and not disclosed in writing to the Company by the insured 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the claimant prior to the date the insured claimant became an insured under this policy: public records at Date of Policy.but not excluding from coverage any taking which has (c)resulting in no loss or damage to the insured claimant: occurred prior to Date of Policy which would be binding on the rights of a purchaser for Id)attaching or created subsequent to Date of Policy(except to the extent that this policy value without knowledge. insures the priority of the lien of the insured mortgage over any statutory lien for services. 3. Defects.liens,encumbrances,adverse claims or other matters: labor or material):or (a(created.suffered.assumed or agreed to by the insured claimant: (e)resulting in loss or damage which would not have been sustained if the insured claimant lb) not known to the Company,not recorded in the public records at Date of Policy.but had paid value for the insured mortgage. known to the insured claimant and not disclosed in writing to the Company by the insured 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of claimant prior to the date the insured claimant became an insured under this policy: the insured at Date of Policy,or the inability or failure of any subsequent owner of the (c)resulting in no loss or damage to the insured claimant: indebtedness.to comply with applicable doing business laws of the state in which the land (d)attaching or created subsequent to Date of Policy:or is situated. 1e)resulting in loss or damage which would not have been sustained if the insured claimant 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof.which had paid value for the estate or interest insured by this policy. arises out of the transaction evidenced by the insured mortgage and is based upon usury or 4. Any claim.which arises out of the transaction vesting in the Insured the estate or interest any consumer credit protection or truth in lending law. insured by this policy,by reason of the operation of federal bankruptcy,state insolvency. 6. Any statutory lien for services.labor or materials(or the claim of priority of any statutory or similar creditors'rights laws,that is based on: lien for services,labor or materials over the lien of the insured mortgage)arising from an (a)the transaction creating the estate or interest insured by this policy being deemed a improvement or work related to the land which is contracted for and commenced fraudulent conveyance or fraudulent transfer,or subsequent to Date of Policy and is not financed in whole or in pan by proceeds of the (b)the transaction creating the estate or interest insured by this policy being deemed a indebtedness secured by the insured mortgage which at Date of Policy the insured has preferential transfer except where the preferential transfer results from the failure: advanced or is obligated to advance. (i)to timely record the instrument of transfer:or 7. Any claim which arises out of the transaction creating the interest of the mortgage insured (ill of such recordation to impart notice to a purchaser for value or a judgment or lien by this policy,by reason of the operation of federal bankruptcy.state insolvency,or similar creditor. creditors rights laws,that is based on: (a)the transaction creating the interest of the insured mortgagee being deemed a fraudulent ALTA LOAN POLICY (10-17-92) AND ALTA LEASEHOLD LOAN conveyance or fraudulent transfer:or POLICY(10-17-92) (b)the subordination of the interest of the insured mortgagee as a result of the application The following matters are expressly excluded from the coverage of this policy and the Company of the doctrine of equitable subordination:or will not pay loss or damage.costs.attorneys'fees or expenses which arise by reason of: Ic)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: I. (a)Any law,ordinance or governmental regulation(including but not limited to building (i) to timely record the instrument of transfer:or and zoning laws.ordinances,or regulations)restricting,regulating,prohibiting or relating liil of such recordation to impan notice to a purchaser for value or a judgment or lien to(I)the occupancy,use•or enjoyment of the land:(ii)the character,dimensions or creditor. CLTA STANDARD COVERAGE LOAN POLICY(1990) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: I. (a)Any law.ordinance or governmental regulation(including but not limited to building or zoning laws•ordinances.or regulations)restricting.regulating,prohibiting or relating to(i)the occupancy,use.or enjoyment of the land:(n)the character.dimensions or location of any improvement now or hereafter erected on the land:(hi)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pan:or(iv)environmental protection.or the effect of an violation of these laws.ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect.lien or encumbrance resulting front a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect•lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy.but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects.liens,encumbrances,adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy.but created.suffered,assumed or agreed to by the insured claimant: (b) not known to the Company.not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c)resulting in no loss or damage to the insured claimant: (d(attaching or created subsequent to Date of Policy:or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy.or the inability or failure of any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy.state insolvency or similar creditors'rights laws. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT,AND'A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST Form 2240-6(2-93)(WA) t • ISSUED BY C%TMENT FOR TITLE INSURANCE • COMMONWEALTH LAND TI SURANCE COMPANY Commonwealth Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment,Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. Q*Ck lace�y�G COMMONWEALTH LAND TITLE INSURANCE COMPANY i 10 Attest: zrd�, im/ By / /, O� y� '• `• Secretary President 403 Conditions and Stipulations 1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien,encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment- 1966 Cover Page Form 1004-8 ORIGINAL • COAL CREEK PARTNERS, LLC 14943 S.E. 66TH ST. BELLEVUE, WA 98006 COMMONWEALTH LAND TITLE INSURANCE COMPANY OP PRILADELPHIA STATUTORY WARRANTY DEED RE: Escrow No. : 76165, Title Order No.: H788076- 1 C - Legal Description: PORTION OF N.W. 1/4 STR 10-23-5 Assessor's Tax Parcel Z.D. No. 102305-9074-08 THE GRANTOR BEN PILLO and VIOLET D. PILLO, husband and wife for and in consideration of Ten Dollars (510.00) and other valuable consideration in hand paid, conveys and warrants to COAL CRIER PARTNERS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY r. the following described real estate, situated in the County of KING, State of Washington: C4 See "EXHIBIT A" attached hereto and by this reference made a part hereof. Cr CD GC Dated: April 1, 1998 BEN PILLO 7A.,� i[ VIOLET D. PILLO State of Washington as County of KING 8 I certify that I know or have satisfactory evidence that BEN PILLO and VIOLET D. PILLO, husband and wife i are_lhe persons) who appeared before me, and said personls) acknow edge a/she a lgned Chia instrument and acknowledged it to be hi her he free : :tat0rw:::i::::n Car t f o and purposes mentioned in t ins ant. ti Dated: A7: L $ o ary i // -- ....,, ,,,,,,,,,,, Residing j , at Ot /1 �`�• y appointment expires NOTARY LPB - 10 , (Form 571) 54( PUBLIC 8 ..O �WASN�... 2 Statutory Warranty Deed Page 2 Escrow No.: 76185, Title No.: H788076 EXHIBIT A: That portion of the south 330 feet of the east half of the west half of the southeast quarter of the northwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the westerly line of 138th Avenue S.E. , as condemned under King County Superior Court Cause No. SC701162; EXCEPT the south 30 feet thereof conveyed to the City of Renton for road under King County Recording No. 9409201136. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. City/County/Agency: City of Renton Recorded: June 21, 1996- Recording No. : 9606210966 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose: Water pipes Area Affected: West 30 feet of said premises Recorded: August 6, 1958 Recording No. : 4929605 Right to enter the land to make repairs and the right to cut brush and trees which constitute a menace or danger to the Ct electric transmission line adjoining the land, as granted in instrument recorded under Recording No. 3204311 to Puget Sound cr Power & Light Company. a) AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Recorded: April 17, 1987 Recording No. : 8704170496 Regarding: Roadway maintenance 73 LPB - 10 (Form 571) - - • RETURN TO: INTERWEST BANK P 0 Box 1649 Oak Harbor, WA 98177 MULTI-FAMILY DEED OF TRUST ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (Security for Construction Loan Agreement) LOAN * 2480206191 1 5 - Aere$or r Parcel or ALONINI Number LW -1 3g o1(0. 1 1023059074o. AbbMieghtDet7rEITR 10-23-5 THIS DEED OF TRUST Perla"Imetrumimen Is ark Ms 31ST day of MARCH •9 96 ,meat theTrerer/Growler. Muse etldretsY 10900 NE 8TH ST SUITE 105, BELLEVUE, WASHINGTON 98004 Nen*'Borrower l COMMONWEALTH LAND TITLE, 11400 SE 6TH STE 210, BELLEVUE, WASHINGTON 98004 (berths'Trustee%mid the eendkhry, INTERNEST BANK e WASHINGTON CORPORATION ermine awl erhrhtt wdr the lore of THE STATE OF WASHINGTON wttekddr"' PO BOX 1649, OAK HARBOR, WASHINGTON 982771649 (berer'Laillerl. Borrower.Y mrrYYrrM et the Veit+ew beds retied mil du trust try mud.Wrench*Vols.onus a/ Waiver to Trustee.r trust,with pews et sole.the faiowlef babel Ro/erq loaded Y rl rc COMITY ,Suet of WnhMRto•: N C7 `• COAL CREEK PARTNERS, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY o, THAT PORTION OF THE SMITH 330 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OP THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORM, RANGE 5 EAST, M.M., IN KING COUNTY, WASHINGTON, 8 LYING WESTERLY OF THE WESTERLY LINE OF 138TH AVENUE SE, AS CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. SC701162; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO THE CITY OP RENTOH FOR ROAD UNDER KING COUNTY RECORDING NO. 9409201136. 6 S Is.42S IF(I I/01/96) (pap I of 111 8 Together with all huid:ng s.intprovememsan l tenenems now or hereafter emceed on the property.and all Iraenf re or hereafter view.)alleys and Greet.alsuvne the property.and all easements.rubes.&pronounces,mane Iabeeet however to the usilsmem of real - I. lender harem'.maims.mineral.nil end gas rghis and profits.water.water nsylts,and water wet appurtenant to me papery.and all forums.mach.ner/.eau ip em.cog inn.hovers.at icemen.haddiog materials.appliances and goodl of every nature whatsoever now rzsy1�. or hereafter located ea.or on,or used.it weeded to bevied aconics-tuconics-tun wale the property.eehdng,hut rat Hewed in.those for the a , rurp...e..•1'wishing or d.arnhuiing heaters.cooing.electricity,pas,water,air and Ight:and all ekyaloe.,and Mated archway awl cqueprn[n.lire presrraim anal extinguishing apparanu.aecurty said access control apparatus.phanthag.bath tubs.water heater.water •lowl,sues.ravers.sante..renscralon.danwadm.deposals.waitn.lain,awntg..toxin wantdows.storm doom.crew.Muds. snail.,tinier•and consul rills.mirror'.catoneu.paneling.nip,aluated flow enaertnge,laminae,peewee.antennas.tires and plan anJ :all of which,including replacements and additions thereto.shall he deemed to he and remain 071 a pan.a(the real(mapcny covered by this Inenanea:and all of the fwegoeng.together wale said properly lot she ka.ehaatd agile In the Ay0.J rs eta 111 In V mince non a leasehold,are herein referred to as the'Progeny'. • I o Secure to Lender la)the repayment of the rdeblednta evidenced by hwrweier's UM dated :ARCH 31, 1956 (herein'Note')in the pennon sum of FIVE HUNDRED THOUSAND AND NO/100 tea.+ v...J • Dollars. unit i-rere•l thereon.with the balance of the edehtedaem.if:a scanner paid,due and payable no MOAY 1 1999 and all renew"..cannons and nw.difcalitwe thereof MI the repayment of any future advances with nere.a thereon.nude by I eraadre in !Sommer pursuant ro paragraph 31 hereof therein'Funire Advances'):It)the performance of the covenants and agreements of loms.cr coinamed in a Conuruct■wi Loan Agreement between Lender and Borrower dated MARCH 31, 1998 .if any.as provided in paragraph 25 hereof.(d)the payment of all other sums.with unties theren,advanced in accrndanen herewith to parcel the seamy of this Instrument:and le)the performance of the coos chants and aereennems of lornswer herein wound. IYwn+.er coy imams that Borrower is lawfully eased of the mule hereby conveyed and has the right to grant.cranes and assign the Pnipeny land.if thin Instrument as on a leasehold.that the ground lease is in flail force and dices without 1MidifeapM teem a,meal shove and walnut default on the pan of ether Imam or ieaee thereunder).Mat the Prgeny a umfnaNeted.and that Borrower will w.rran and defend generally the title to the Progeny against all claim,and demands.subject Us any narrrcns awl resrrcuaios listed n a schedule of exceptions to coverage in any tale income policy insuring lender's sneree in the Property L nlforso Cotenants.loimoaer and Lender cinema and agree as follows: I PAYMENT OF PRINCIPAL ANI)INTEREST.Borrower than promptly pay when lase the principal of and interest on Use indebtedness es laud by the Note,any prepayment and late charges proved d the Note and all mho aims seared by this Inaarurien. ` FUNDS FOR TAXES.INSURANCE AND OOIER CIIARGES.Suhceca in applcahe law or to a wraith wanes by lender.domewer •hall pay to Lender en the day monthly l.tallnnsena of principal or interest arc payahle under the Nine(or on another day.lnagnatd in aroma M lemlera.used the Nate is paid as NIL a non(herein'Honda'(equal to ase•lwellth of(a)the yearly water and sewer isles and uses and a.messnmrYs which may he levied on the Progeny.(Is)the yearly ground ceps.if any.lc)the yearly premium rnaalllrcns for(we and other hazard osaarance.rem Ions inauranee►nd such der insurance covering the Property as Lender may Implore pursuant to puagrapb 3 hernaf.Il l the yearly premium installments for rnongage insurance.if any,and(e)if that Instrument u on a leasehold,the yearly fled rent..If ans.under the!round lease,all as reasoahly estimated usually and from tine to tine by lender on die bests of aawssmems lad hilly and reaswable estimates thereof. Any waiver by Lender of a requirement that Borrower pay web Funds my he revoked by lender. in leader's wile discretion.ai any tune upon notice a wring to Brower.lender may require borrower to pay to Lender.in advance. weir artier Fund.for other taxes.charges.Premiums..auessmeres and ngrosae,nn to connection with borrower re the Property Mich Lender Wall reasonably deem necessary to protect Leader's memos(heroin'Other Impose sons').lldna otherwise pnaedd by applicable law.Lender may require Funds for Other Impudent,So he pad by Borrower an a lump sum or in periodic in allmems.al Lender'.option. the Funds shall he held in an ussttutiit(s)the deposes or accounts of which are Mora or gnomical by a Federal or state agency fincludthg Lender if Lender is such an ieusuuin).Lender shall apply the Funds to pay said rates.rem,hurl.asses.mats.insurance premiums and Other IMpnssialens so long as borrower n nt in Mead.of any covenant or agreement of Borrower in this Wlumem.Lender Wall make no charge Inc so holding and applying the Funds.analyzerig said accrwm or foe verifying and compiling sad easeneelents and hills.unless Lender pays Ik.nrwer umeset,earnugl or prole.'on the Funds and applicable law permaa Lender to nuke awes a charge. Borrower and Lender may agree in writing at the rim air eseculnn of thin Instrument that derives on the Funds shall be paid to hornswrr. and unless mach agreement u made or applicable law repuees umerne,carnirgs air profile to he pad.Lender full not be required an pay Borrower any interest.earnings sew profits on the Funds.Lender shall give to borrower,.input charge.an annual accounting of the Funds in lender's normal f r ai showing crudes aM debts in the Funds and the purpose for which each delta to the Funds was mude.The Funds see pledged as adddswul security for the sums secured by this Instrument II the amount of the Funds held by lender at the tune of the annul accwntg thereof Wall meted the amount deemed necessary by lender to primate for the payment of water and teem rates.uace,aeacaaaeata.oriurar.ce premium.tom and Other Impost son.as they fail due. such excess shall he cradled to Borrower on the nen monthly installment or installments of Funds due.I(at any lame the amount of the Funds held by Lemke dull he less Nan the amount deemed necessary by Lender to pay wooer and sewer rate►.user,uaesemesa,insurance prernianu.tall.and Other Impnenso.a.as they fall than.lkrnawen Mall pay to Lender any annum necessary to mats vp use adefeicr.cy within dins days after mice from Lender to borrower requeuang payment thereof 1 hpnn Borrower's leach of any e.+vessem or as reins of Borrower in thu Insammeu.Lender may apply,n any encases sod in any order at Lender shall determine th Lender's sole discreton.any Funds held by lender at the tune of application(.)to pay raw.mem.uses. asseesmema.aware premiums and Other Iinpoaaauas when arc mov or tell hereafter locoman.or(all as a credo ageism mama mooed by this Inir umem (lpaso payment in flail of all sume scared by thu Instrument.Lender Nall promptly rebaa.d to Borrower any Funds held by lesader. ).APPIJCAT)ON OF PAYMENTS.Unless applicable law pros its oty.etw iae.all payrnsens received by Lender from Deflower under Use Note or thre lanunaeees shall he applied by lender a dr tohlownng order of prurey:(i)amnunta payable to Lender by Borrower under paragraph:hereof.L is inland payable am the Note.(no pn IOC pal of the Note:I n)masu payable on advances made manual to paragraph m hereof.It I pauctpal of advances prude pursuant in paragraph a hereof:I s al enteral pay ink ar.any Ensure Advance.panned dui if snore than ate Future Adaance is mounding.lender buy apply payments received among the amounts of,inertia payable on the Future Athena.in such.nier as lender.us lender's sole dacmcwi.may ascicrrnine,rvo)prmcpal of any Future Advance.provided tear U more than one I.erure Advance is outstanding.lender ma)apply payments recend among the pewterer balance,of the Future Adsar..es in such awake aa lender.wt lender's task discretion.may determine.and i gild any tither sums secured hs this Instrument n such order as Lender. al lender's option.tluy determine:pr..vvilel.however.Mal Lender may.at Lender's opt inn,apply any alma payable pursuant to paragraph m hereof pow to merest on and pnncgsal of Use Now.but such*mineral"hall no otherwise erten the order of pruny of application speediest an than paragraph 3. LS J3 IJ.I l•fli tai (page 2 of fl) C H ARt il.is LIENS.Plrnwcr atiall pay all said and sewer red.rem..taxes.assssameou,pctnitmn.ad Other impositions attributable us the Propene at 1.fmakr'e apo■er in the manner provided under pawfraph 2 hereof or.if me paid in such nreber.by Hoerower making payment,when due.directly In the layer thereof.or in'eh Mat wanner as lender trey designate n miss.Moreover*all pmmgrty furnish to Lender all notices of amounts rove under this paragraph 4.and es the event Borrower shall rake paysnos directly.Porrssrer thall promptly Welsh to lender receipts diknring such parmens.Bummer,hall promptly deckers(any lira whet has.orr may have.praanwy over or equality with,the lien of that Uuosunren.and Boemwer Mall pay,when due,the claims of all persons supplying tabor or meteret. to or in connection with the Pommy.Wihout Lender's pre"written renames.ileesower shall Mr%allow any lien inferno to this Instrument so be perfected name the Property. i.IlA7ARf)INSURANCE.Boomer shall keep the improvements now exmesg or hereafter erected on the Pnaerty insured by earners at all times satofecrony to lender agaest loss by fur.hazards included wahn the tern'extended coverage',rent toss anal ouch other honed..cawauon,habi ides and commences as lesser(ad.if the lastrumera is on a Wambold.the ground lease)thee require and es such amour's and for sues rends as lender than legume.All premsams am irua=polices shalt be pad,at lender's option.in the manner provided under paragraph 2 error.or by Borrower making payment.when doe.directly in the arei:e.or in such other manner as Lender may detonate n wring. All rnwrance policies and renewals thereof shall he in a form acceptable to lender and Pull include a standard mortgage clause sat favor of and m form acceptable for lender.leder shall have the neon to hold the polies.ad ltafnswer Mall pnrrgrly fimids to lender all renewal noted and all receipts of pad peemiknta.Al lanai thrty gays pease to the express date of a policy.Uonowee shalt deliver to Lender a renewal policy in form satisfactory to lender If this Inenamem is on a Inserted.Immswes shall furnfal tenter a duplicate of all pfcea.renewal notices.renewal polices and receipts of pad premiums if.by snide of the ground lease,the originals thereof may not Or suppled M hemmer to lender In the even or ore,lorreaer Mall give unmedme written notice ht the assurance corner and m lender.Borrower hereby auYur¢es and moron.lender as ausrmseym•facl lair Borrower to rake proof of boss.to adios acid compromise any darn under insurance policies.to appear in and prosecute any adore rising(remit act nrsrarnce policies.to collect and receive insurance proceeds,and to deduct therefrom lenders expenses orurred n the sulledalu of such proceeds:provided however.that nothing costumed in this paragraph 5 shall require 1 edaler to incur any erpen.e or take aay action hereunder.Borrower further authorizes lender.at Lender's option,fad in bad the balance of such proceeds us he used to redeem Narrower for the eon of reesrrtrucnn or repair of the Property err(h)to apply the balance of such proceeds to the payment of the sums accord by the taewnunese.whether or not then dose,to the order of application sat forth in paragraph)hereof(subject.however.to Use rigM.n(the lessor rider the ground leas if the Inrtrutneot is on a leasehold). If the insurance proceeds are held try lender to reimburse Borrower for the cow of resauios and repae of the Property.the Property shall he restored to the equivalern of es original candies or itch other cndiion as lender nay approve in miring.lender may.at Lender's option.contagion dithursemem of said proceeds on Leader's approval of such plans ad specifications of an architect satisfactory to lender. c.mtracur's cow minutes.archttat's certificates.waivers of I em.moot statements or medunce and nuterWmrn and itch ether evidence of caoos,percentage complain of aussnaion.application of paymema.and satisfaction of hem as Leda may reasonably require.If the insurance proceeds are applied to the earners of the aims secured by this Iminment.any such application of proceeds to prneipal Yull not extend or poop one the due dates of the monthly installmaena refend to in paragraphs I and 2 hereof or change the amounts of such deserters.If the Properly is sold parsuan to paragraph 27 hereof or if Lender acquits tie to the Property.Lender shall have all of the right.title and interest of Borrower a and to any ivarame policies and unearned premiums thereon and to and to the preeesla mulling form any damage to the Pmpeny par no such sate or*equines' Q) 6.PRESERVATION AND MAINTENANCE.OF PROPFJRTY:LEASEHOLDS.Barnwer lad shall rat comma waste or permit imminent or deterioration of the Property.(b)shall not abeide the Property.(c)shall remote or repass promptly aid is a good awl workmanlike manner all or any pan of the Property to the egatvalem of is original aodi Ma.or art other condition as Lender may approve in wfamg. as the event of any dainape.inure at loss thereto.whether or nor insurance proceeds arc available io cover a whole or in pan the coos of all re.ronlaw or repair.tdr that keep the Pm perry.includes nprorvement,.Timm.equipment.machinery and appliances thereon O to good repair and shall replace Omura.equipment.machinery ad appliances on the Papery when necessary In keep wade items an good repair.lel+ball comply with all laws.iodinated.regulations and regaeennerra of any goverranemal body apptiahle to the Property.If) shall provide foe professional maaageneht of the Property by a residential rental popery manager satisfactory to lender puritan to a contract approved by Lender in smog.unless such requeenen shall be waned by Lender in writing.(g)shall generally operate and mamain the Pgeny m a manna to enure macnatm rentals.and flit Yell gee mike in wrath'to lender of and.unless otherwise directed m wring by Lender.appear sad defend say anon or proceeding purponaog to affect the Properly,the annuity of the laanancn or the rights or(sowers of lender.Nether borrower nor am tenant re other person doll remote.demolish or alter any improvement now cmtstmg o e hereafter erected on the Properly or any fixture.equpmeni.machinery or appliance us or on the Papery ncept when incide% to the replacesnre of Ensures.cquga en.machinery and appliances wan items of lie had. I!this Instrument n on a leasehold,Aonarwer(i)shoe comply with the pin scam of the ground lease.(ill shall gate immediate arisen name to lender of any default by teaur udn Use ground lease or of any ore=received by Borrower from such lame of any default under the g rotund lease by bnmaer.I iiit shall esesetse any dptnk In renew or cued the grad lease and give written awfrmation thereof to Lender within thirty days after such open becomes enterable.Irv)Yell give immediate wrath name to Lender of the ammseiremetu of any remedial proveedngs under the ground lease by any party thereto ed. if required try Lender. Mall permit Lender as Borrower's attorney•m•lart in control and ref for Borrower in air sues mtnedd proceedings and(vl toll within thirty days eller request by Lasater strum from the lessor under the ground lease and defter to Lender the lessor's moppet«rtilcate required thereunder.if any.Borrower heron)cspresd)transfers and assigns Io Lender the benefit of all covenants contained n the ground lease,whether or nor such covenant run with the land.hut Lender Marl hare n>taalrilay wen respect to such envenom nor any odder cnveares corroded is the ground lease. 14nrowe shall re surrender she laadsold nude and memo axes conveyed on lemmas or cancel the gored lease canting see dote and tretreats.and borrower Mall nit,without the gyros wren omen!of Lender.alter or amend add ground lease.Borrower twosomes and eared that there shall not be a mid of the ground lease.or of Use leasehold crate crewed thereby,with the fee earade covered by the ground due by reason of tad learhoid erase or said fee estate.or any pan of ester.caning uto common owmerYap.unless Lender shall consent as wising to such mom if Borrower Mall acquire such foe cantle,then this lhmrumers shall anaaWreously and without further action be reread as an au become a hen as sita(as estate. Lilt:OF PROPERTY.l In sec regvird by applicable law or unless Lender has dmerwee agreed in writing.Borrower tan not allow change.n the use for which all or any pen of the Property was untended al the meths hnrunent was executed.Borrower shall nor mate our a.talie ice in a change en the amine eassifs:aiwa of the Property wiMrat Letade'a prof wrsaen consent. 1%.425 I.F'(I I'UI Y6 i (page 3 of It d PRO 1I.0 f tt)N 01:LENDER'S SILI IRITY.If borrower fads to perform the ennu ts and strainers'entairml in thin lurcumes. or if ant adorn on proceeding is corona-nen when affect.the Property or ilk theresoor the veered of Lender Henn.thentlng.but etc Imnted i.s.emin,rt domain.must,'ency.code enforcement,or afrangementy of pmceedwn ms'ohlssg a hankngs of s«edrnt.then Lender at lender's"math may make such eppeanoen.disburse such menu and take such action as Lender deem money.w so mode Murano. try mom t lender',merest.Including.but rev longed to,(0 drshumerners of altsrncy's fees.(all entry upon Or Pngeny to make rcpam. np�procurement of satufacrsn tnsunn ce as provided n paragraph S hereof.and Intl if No Instrument is um a leasehold.exercoe of any o epees oo renew or extend the ground lease i.e behalf of&emwer and the curing of any defauh of borrower et the urns and condition of the e•sausd Score Am amounts unhorsed(s lender purrsaa to this paragraph A.with merest thereon.shall become addsrwal Mindedness of borrower moral hs an,Irutrunent.littlest&Werwer and Lender agree to seller temp of payment.such amount dull he rmmerlutely due aid pasahle and shall hear interest from the dale of dtswnenrnt at the rate sated in the Note unless cdkctime from borrower of merest at much rate wowld he coreran to applcahle law,w inch even reds amounts shall hear been at the highest rare which may he collected tom hrnown under applscahle law. borrower hereby unerunla and agrees that lender shall he wahrogated to the fen of any mortgage or other len ducharted.ran whole in,in pan.by the u ichtedness secured hereby.Nci hung contained in the paragraph g dull require Lender 1�.seal an,expense of take ins sewn hereunder S Ivhl'F.0 III IN I ender mas nuke se cause to be made reasonable entries tom and svun■rn of the Property. If, IXXIt-S AM)RECORI)S.Borrower shall keno and maintain at all times n Rnmswer's address stated helm.in wren otter place as reds (.ender may approseat wrnin[t.complete and accu..le host,of accounts and rented,adequate to rafter c.rreed the reruns of the mersaom of the Propene and mom of all women contracts.katn and ocher mwrumesua which affect the Property.Such books.records.cwssaus. '.� lease,and other msrumcas shall he genteel to eumwtroo and wpeeta,n at any reasoroIc time by Lender Upon Lender's request. • l..meser.hall furnish In lender.withn ogee Modred and teeny days after the dad of each fiscal year of Kenner.a balance sheet.a �•s� dl(ment of anc.rle and expense.of the Pngrny and a statementt of changes in fmancial mouton.each so narruhle detail and c.-rtifed • to Borrower and.of lender shall require.by an independent cenifed puhlic acenuruas".b,mswer shall(Lrnish,together with the hregong tinanui ssanr,rents and at any saber tone upon leader's request.a rent snicolsde f:r the Progeny.certified by borrower.dnrwmg Inc nun, Or III rash reran.and fin each tenant.the space.ecupnN•the Lease ecpirauera dare.the rest payable and the real paid. SU I! (Y)14 I)F.MNATH)N Hnsrnwer shall pmngtty mrifx lender of any seism or proeeedwg Meting In any wdewe non re tither Inkarng. whetter dnreco or Moen.of the Property.or pan thereof.and brrower shall appear n and pnnccuieanv such actan.1 pnoceedingunksa ,theme directed by lender in wrung.brmiwer authnvts Lender,at Lender's option.as aunn.eym•fact for Kxmwer.lea commence. ropes,ui and prosecute.in lender's or borrower's name.any scn n or proceeding relating In any cis ndenmutnn Or other taking of the I4openy.whether direct or Indirect.and to settle or comonenne any claim in connection sun such csrdemwan or other taking The pnuens of any award.payment ear claim for damage,.direct or conaeduental,n cnanectnn mush any condemnation of ocher takwy. whether sired or ifIdITVO.of the Property.or part thereof,or for conveyances in leu of modernisation.are hereby',signed to and shall he paid to lender whhsecu.if this Irwrurrcn ma on a leaseMild.in the tins of lessor under the ground lease Boomer autsirvts Lander to apply such awards.paynneras.proceeds or damages.after the deductam of leader's expenses incurred n the udlecia•n of such►owns.as lenkr's orlon.to reao,rrnn Of repair of the Property or to payment of the sum,secured by this instrument.whether or nut then due.in the mfder rf apyacatin set font in paragraph 3 hereof.with the balance.if any,to limner Ilnku b,rn.wee and Lender otherwise agree In wennng.any application of proceeds U.principal shall not extend or postpone the due state of the mrnthb mrallnsenu referred tom paragraphs I and 2 hereof or change the amount of such insallnens.Kmmwer agree,to[ken de such (unhe:evidence of mitering of any awaNa.proceeds.damages or clams arumg n co nremmn with such condemna:ion or taming as lender may require 12 BORROWER AND LIEN NOT RELEASED.horn tare its err.Leader may.at Lender's cotton.without going moon to or obtaining the content of borrower.b,nower',auceesrrd of aggro or of any'unto(lentsol her or guarantors.without lands)on Lender's pan and notwithstanding borrower's breach of any covenant or agreement of borrower m thin lndrunens.extend the tune for payment of sail Merin es>or any part thereof.reduce the payments thereon,release anyone bible on any of mod ndehtelnaa,accept a renewal note or roves therefor.modify the terms and tune of payment of said idenednesa.reease(own the Brno(this Icsuunneta any pan of the Properly. lake a release other or additional security,neeum'ey any pan of the Property.consent is.any nap or plan of the Property.consent to the granted of any easement.pea on any esienaaon or au wdmatadn agreement.and agree an wring w b borrower to modify the rate of musest sr penal of armor/mlum of the Noce or change the snub of the asnnhly installments payahk thereunder.Any actions taken by lender pursuant if,the terms of this paragraph 12 shall not sUen the aedagataon of hormwer or Borrower's succeaors or astern so pay the sunw .ccuord b} this lumment and to ohsene the covenant of borrower contained ham.shall sus enact the guaranty of any person. c,srp.rahson,partnership or other emny for payment sif the u denedrcsa secured hereby.and shall rust of ect the len n pearly of hen hereof on the Proprn. borrower shall pay Lender a rea,nnahk strode charge.together with such tale insurance pnmums and aWrrey's fen a*may he incurred at Lender's moon.fur any such acne of taken at borrower's rerun. 13 Ff)RAGSRANCE HY LENDER NOT A WAIVER. Any bcbearancehy Lender w ecennwng any right re remedy hereunder.or °chemise afforded h.applmeable law,shall not ere a warier of or preclude the eaererae of any nght or remedy The acegaance by Lender Hof pastern of any sum ecuredl by this Inrrureca after Undue date of such paynten shall nit he a waiver of Lender's mill to either require probed pasmeN when due of all other arms so,scums or in declare■default for fathom to make prompt porno.The procurement of insurance sr the payment of taxes or other liens or charges by Lender shall rag he a waiver of Lender's rrght to accelerate the mousy of llac udehtedons snored hey this Instrument.rag shall Leader's rrcet,t of any awards.pnoccoh or damages under paragraphs S and 1 I hereof rrcrare to cure rr wine(frnnwer'a deface so pa,ante of sums restarted by the Y Stranntne. 14 IS TIPPLE.CERTIFICATE:.Lhrnawa shall withw tan days of a wroeh request boo Londe,furnish Lender with a wruen moment. dui.ac,mowledged.stung forth the scams seamed by the Inalnsen and any ado of so-off.cnunnncleim dr der defense whorl nags agatnut such wins and the obi!gloom of this losrumeut. I5 1'gll'l)RM COMMERCIAL CODE SECURITY AGREEMENT Thu lent ument is sounded to he a moray agreement pursuant to the Insfsr.n C..mrsercul Code for any of the gems sqecsfiml shove as pan of the Properly with,under amicable law,may he subject too a ucvroy meow pursuant so the Uniform Commercial Cock.grad Borrower hereby grans Lender a norm neon n said tents.. bsrrrsrr agrees that lender may file duo 1nsvmea,or a reproouaioa thereof.in to real cause records or other appropriate asks.as a Gnome uarcmrnt for any of the term ngse,(ed alswe as parr of the Ptvpeny Any repndsaclism of the'nommen'or of any other sewno'freemen!ere(snaneeng matemala shall he solTcc t as►financing rate neen.b adddme.Borrows groin h,clause and dorm is,lender.upon gender'.request.any fen tag statements.sa well at el0ebtweta•renewals ant ame lodges thereof,and reprtdacta)a of Ihio Instrument an such Soren as Lender rum noire to perfect a security deems with spat to said urns.Borrower dull pay all costa Hof Robot such financmg wuenemr and any extensions.renewals.amendments and releases thereof,and anall pay all reasonable corn and r,I+rnseo of an, record searches for fauaing raenrras lender seat reasonably require.WUsrul the prise written consent of Lender. b'rro'er, full not.role.r wire, la be creases pursuant In the Umrsorm Commersul C.dc any diner scums uSeres n tail ammo. ,nludsne replacement.and addition tseteru Ilpr Brrown's breach of any cosmos of agreement of b,m+wrr coonui ati in this Inanjmen.srnludmf the sus counts to pay when due all sums second by this Ilannnen.lender shall have the nodes of a secured party under the I1mtsmm t srnrrerrsal Code and,at lender's sspsuo.nay also innate Me remedo pow del at paragraph 27 of this Inwnamca a.oo such seam Ion exercising any of said remedse..Lender may pnuml agars the dens or real property and any arras of personal proem specified ahnc a.pan of the Pnsgeny separately Of together and umany order whatrever.witdad,a any way affecting the .:sadandns sJ lender's remcd ex under the Uniform Csvnvnncul Code sr of the remeded provided in paragraph 27 of this bowmen h'42,5 1.1 0 1101•96) IDage a of II, Ise I.1.AS1 s DI 1111.PROPER Ili As used on thn paragraph Ito.the rued'lease- shall mean-whleast-if thu Mummers Is inn a Ica.eh,trl II.. cf shall oomply sae and rs rien a Borrows et s rwlrfalnsns as landlord under all leases of the Pn eny in an.pan teee1,1 Ison•see rill net'caw an:pion.n of the Pn9serts foe nn.rndentul u.e except rah the pipe smite approval Of Lender.Manse,,at I eo le. revucu.Will furnish Irmtrr sash exec-wed nape.of all leases not ciaumt or hereafter nosh of all or any rya oif the legteriy. and all Ivor.nos tin hereafter entered Wo well he an form and suhuanc:sunsets hi the apprmal of Lender.All lids of the Property shall .pee ilnally pros.le Nat such leases art WboNwle In this Wcnsmem:Mal the tenon alkwtu to Leffler,RICO dlnrtanent to eat efMsoe upon I.c:der'a a•quus son of lilt n the Properly:that the Wong agrees to execute...h(unbar ndences of•momerrn a.lender mat fawn time to tome Inlaid.Oaf the anornmen of the Lenart shah ruin he lermsnated by foreclosure:and Lbw lender may.as limit,."point.accept or retell'soh allrrfnmert n Homier shall mot.ridswe Lender's written wanes.execute.rndils,wielder Of Wnmtate.either wall)'or in w rmnt.an.inane ran crows or hereafter made of all or any pan of the Properly providng for a term of three rear.err more fermi an a.,ierenem,it alhlrale ni lacy a lease wthot lender's wroth consent.of request or content III teat nhtwtholiam ter(all•lease of all or an.pan.r the Proffer,.to an.len YdMrdmate to this InMNn1en-If Ifrrrnwer hero es aware that any infant peopose.In der.sew a dhrialg. an.Kt Of lhne which may Foe rite to any right of wolofT against rent.F omsiner Wall i II Lite fuel slept as shall he tearmaM,cakWatest ter pthh rn'rue accrual n(any right tr a uB•nIT agalnal ren,Nit notify lender thereof and of the amour amourst of ad set-offs,and 1❑in salon teal dad•all ter Iwo act owl.reinlhune the ti anti who shah have Requital such right w sel.n(T or take such other errs as dull(thermal. sliv'hatec un_h•ct oR.sr.a..hall aoure that rents thereafter due Nall crrltinne to he payable nulciut lam'off sew deduclirn. I r,n t ension.reyueu.h eniae,n u ll assign 10(cider,by Writer,nulrurnen.alafarwry Ire(stake,all leases ram ex Mon!in herelfler made of all or an.pan of ihr r000prrly and all security deposes made by uersam in crmrectnm n.h filth leases of the Property. I lr.rt asatennen ear iforron es to Lender ul any Wawa of the Property.Laster shall hare all of the rights and powers p.raeaaed by hut orer pens( to filch a.oymtent and lender Neil travel/lc mho to moodily.extend ear terminate WO tatatung teases and we scud new Rawl.a lender'. wdc dos Noon I RI SWIRLS CI'M I'LA FIVE Each remedy pin deli in Nu Instrument is disaind and cumulalnr tin all other right.or remedies under this Insirunrnl of afforded ly law of Nee).and may he exercrse.V aoscunertly,independently.or succes.nely,u1 any o der rnruon er Ix at liltliATIO`IN CASK Of BORROWER'S INSOLVENCY. If Sommer shall voluntarily file a point tner ele Federal Itankrufwcs Art as such Act may from time hi mile he amended.of under any sands,lot raaccearw Federal auntie relating w lauknrptcv. o tow old ens y.arrangements or reersynuaa inns.or under any state bankruptcy or insolvency act.or file an aslant(n an nsdumar)pntces-dtng admnlnf ra.hlsrncy tar white)to pay dells.or If Kwmrer Jell fail to Mum a vacalton or stay of im'IWantaly p.ustenJiogs brought fir the rcnreanuau.m.olowhtnn or lqusal.m of Honorer.or if Borrower shall he adjudged a bankrupt,in if a mute or scene Nall he .arprrmied for stormier or Borrower's ptrtpen”,it if the Properly shall become singer to now paridel.m of a Feskral hanerupicy cower or.imdar Wale noun.ear if Honorer Nall make an aoignnrnl few the henefe of Horrors/toes crednors.of d there n an attachment.execution or ocher µill.u1 cavort-of ant rmMrn of Honorees lullf and such fetzurc is era discharged within ten day,.then I.ender may.as lender'. ,envoi,declare all of the film,rowed Inc this Instrument to he immediately due and payable withowt plan notate to Honorer.and lender nu.insole an, remedies remitted by paragraph 27 uI this Instrument. Ant attorney's fees and ocher expenses neared try lender in connexion with Blrnwars hankrrptcy or any of the other aftuesad event]drill Ie addtamd nlebtedneu of Borrower feinted its Ibis Inaumtst rur.uant ter paragraph a berm!. 19 I KANSI•LRS OF TILE PROPERTY OR BENEFICIAL INTERESTS iN BORROWER.A.SSUMVFION.On sale or innalee of to)all 'r dos pan of the Proopeny,or ins nllerest therein.or nth beneficial interest.on Nor+older Iif Nor-rower is not a natural person s+persist, Inn I.a arpwal(rin.pannershlp.trust or oiler legal emtyl.(enter may.at Vender'•orison.devlarc all of the sums seemed hs Ind. Inswmrnl in he imorJuiely due and payable.and lender may awoke any atomises permitted by paragraph 27 of Urea Instrument. feu orison Wall nog apply in cane of Ia.transfers by des roe Ire decent or h.operation of law upon the Jewel of a joint inure of a panner. h,.ale.ow transfer.sheer the tramfnes',credewnM mho and management ahien.rue satisfactory to lender and the rnnsferee has esnwed.rows m the sale iv transfer.a return arsatmplaon agreement roman/tong such limns as lender nos remove,ucludmg. tf required hi I ender.an macreale m the race of inter—eta payank under the Nine. 'c i the cram of a leasehold serest Ina part of the Yntpenv of three years he lea for such longer lase term as lender may perms Ca tot pent stollen approval)not Conalnang an option to purchase(except any Livered in the ground tease,if Nu Itaslmnem a on a leasehold I, r W tales or transfer,of beneficial interests m Himeet provided that with tales or transfers.together rah ans prow sales sr • tran.fer.or hrreticul imere,.in Wooster.hum excluding sales or transfers under subparagraphs la)and Ito above,oleo..h mutt in mwrc ^' than 491 of air heneficul Inseresl,InB Borrower hat sot peen sold o m n r transferred since nomcncrmrnl of ammtatn of the Note.and � i co ides on transfers of forums or any portal properly purwam to the first paragraph of Paragraph to hereof. _17 N(iTJCI. Facers(or any mace required units amicable law to he given on anther manner,la)any novice to Btrnmer fish.Wed hor in this(nurun,eni or m the Note shall be given h)mailing such Whet ht certified mail addressed to[Motor-nt at Hnmrre's address slated • heat,or at such railer address a.Rornrwel nay designate by mace to Irnkr a pros sled herein.and(bl any notice to lender Nail Inc given hs centred mud.icsum recept requested.to Lender's address stated herein or to such other address a.Irnder may desirnale by Icwscc hi Harrower ao prat-led heron Any noire pros dad fur in this Inunamen of in the Nose shall he thorned to have been risen hi Narrate!of lender alien given in Nc manner designated Merv'. 21 Si iirt:I:SSOICS AND ASSIGNS ROUND:JOINT AND SLVERAI.LIABILITY.AGENTS.CAYIIONS.lhecosenamsand sgnmtur.it herein coniamed shall hood.and the rights hereunder Nall umre to.the reset-ant successors and assigns of Lender and Borruwrr.wh)erl to the pro Doors of paragraph 19 tremor.All covenants and agreements of Hrmrer Nall he put and several.In cancan's ans r,Ihu hrreonscr or tat me any arrams prmderJ for here.n.lender May all through tit employers.agents of udepenlem nonrwcwn as authorvnl Iq (coder he captions and leading,of the paragraphs of Nis Instrument ate foie comemence only and arc not to he tool to inerpm or do fine Mr pout ruin.line,if I'Niti)RM Mt;LTIIAMILY INSTRUMENT.GOVERNING IAA'.SINE/LABILITY. The form of mukdandy instmnenctwnhtreu ullulrirm no raw for nalaonal use and mm'anrfrrrn ernesalsn With lunged sarwlarna by jurmltlam w CJnfin(c a uniform ant-sell. nrWrunwm carrot!real proven.and related fixtures and personal pngsem Thu lns(Nnsen Mali he gnscera'by the law of the pinds:a won in shah the Norris)Ia located.In she esm that an)pros main of Nu leisirursem of the Now conflicts wets applicable law,such nonflii shall eat affect other provisions of Nu bummers or the Nut which can he gnvrn effect without the conflctulg pros urns.and to this end the pans mom of this Instrument and the Note arc declared to he severable.In the event that any applicable law lunaing Ne amount of inserts ear other charter permitted to he collected from bormser a interpreted within any charge provided for in Nu Imuumem or in the Noe.wlanher considered o-parstai)in.blether with other charges Wooed m uwrwel.m With Nis Insuut ent and the Nor,t.wstes such law,and Hwrowrm u entitled to Use bawls of such Ian,such charge at tetra it reduced to the e.•iena n¢an ary to eliminate tuck splatoon. fee amwsn..of ass,pith.vas)paid pi Lender In exrru of the amWma pay ahle to Lender purmant In WWII charges am reduced shall he aryl wed ht I ender to reduce the preegrit of the indetrlednesa evidenced by the Note.Foe the purpose of detmnans wlsetlsec any aryl cattle— law limnnig Use amwrs of enteral in salter cliariespermtaed to he collected room Bummer has hecn striated,all tndebtolnen Inch Is secured eat Ni ens rument or evdenced by the INoe and rheh caowaules ttllerCM,as well as all tatter charges Ie:med ar cinueo.n will •it.h niebtcdre..shah constitute rnieresl,shall he deemed to he athcated and spread act the Mated teem of the Note.tiniest others I.e required hs appluhle lain.rich allocation and worsting Nall he efTected in such a manner Nat the rate of Itereest computedtwiehr u unihrm Nrvifnout the stated term of the Note. :t u'ART R tIf 51AT1'IF OF IJMRAIIONS Brenton hetcbt wanes the right to user anv statute of limitations as a bar to the rnfoncniN of t.:Ian of Nis Instrument ear too any wow hrmghl to enforce the Ilse ow an)other lh.Igal.rn rertred by Nis Inarumem IS 425I I o l I rot 9b Ipane)for Rh WAIVER OF MARSIIALLING.Nmwehsundngdt eminence of any other moray aeons in the Properly held by Lender or by any ',user pony.lender shall have the nigh a.detemew the Oder in winch any oe all of the Pnpeny gull he nehpeeted as the remedies provided herron.Lenin shall hate the rod to deemm one the order in which any or all prxtmns of the istentedress secured henry are satisfied from the pnxeeds realized upon the exercise of the model pnn'idol heron.Borrower.any piny who consents to this lammed and any Noy unit now or herafler amino a security ureron in the Property and obis hu mental or crrsenctree notice hereof herehy wanes soy and all right to mryee the manshallms of assets in connmp with the eaero c of any of Use remedies permed'by applcank law or provided herein IS CONSTRUCTION LO.AN PROVISIONS.Bomar agrees to cunply with the covenaru and condoms s of the Contraction lean Ag remora.it sou.which is hereby ncurprrated by reference on and made a pan of No Maronrrt.All advances made by lender pursuant to the Contructam loan Agreement shall he indebtedness of Borrower secured by this Instrument and then advances nay he obligatory cr as'molded to the C'oystructan Loan Agreement.All awns diahuraed by Lender poor to co rmkieo of the mpronemenu to onto'the wormy of this Inommen up to the principal amount of the Noe shall he Ireucd as dishonors-nu pummels so the Cnnvnanren loan Aeree end.All such arms shall hear nntr from Mae of dnbunasrwra at the rate sued in the Note.Mau concede from hemmer 0 of anon at soh rate would be contrary to applcahk law in which even each amounts gull hear arrest at the higher rate which may • tNil Cr) afoamier!from Rommel under applicable law and dull he payable open lace from lender In Borrower requesting payment Maio•J I rim hoe to tete as I en er deem necessary to pram Lender's aderens.Borrower shall.spun repeat of lender.execute an)deliver to Lode.in tads form es Lender dull amt.wag mom of any sad all rya a clam srta:b relate to the mnummen of the Property and worn Hammy may have agent any parry Nagplygg or wins has mat aid Wow.mamas or worn in computer wlh codwwsaearsn nor the Property.In case of breach by Honorer of the covenants and contemn of the Coatroom Loan Agnomen.lender.at lender's am.w ah or•shout entry monde Property.easy.lit my wrote any of the rights or roadie.prorated a the Construction loan Agreement. it,may accelerate the sums secured ray this hntrunesa and emote those remedies provided in paragraph 27 hereof.or tiiie may do hob. If.alter the conwnseneement col ornstannn of he Nee.the Noe and his Instrument are sold by lender,from and after such sale the t',onstrunsm loan Agserment shall cease to be a pan M his Irian onree and Borrower shall no assert any nth'of so-of.counterclaim or other claim or defense brumg no of or n amnect.e with the Construction Loan Agreement against the obligation of else Note and this Inunumenn 26 ASSRiNMENT OF RENTS:APPOINTMENT OF RECEIVER;LENDER.IN POSSESSION.As pan of the consideration for the tndemortos evidenced by the Noe.Burrower hereby absolutely and usaod.nsuuy aargro and=ests to Lender all the rerun and revenue,of the Progeny.rocludeg hose now dec.outdo.or to become due by venue of any lease or other agreement 6r the occupancy Of use of all or any pan of he Property.rogudlea of as whom the resat end rewessses of the Propemy are payable.borrower hereby authnrvee lender or lender's+gets to collect the afomaid rots and rretaa and hereby directs each tenon of the Property to pay such rows at l edcs or Leader's agents:providd,however,tftat prior to Written nrtice green by Lender as Bannon of the breach by Borrower of any coronas or'greened of borrower in this Intneeswt.Borrower gull collets and receive all resat and revenues of the Prperty as 'noire for the bends of lender and Borrower,to apply Pie revs and roam as collected to the sum secured by this laanrrnent m the order pros Ilesi in paragraph 3 hereof with the balance.u long as no such breach has occurred.so the aroma of Borrower.it hears intended by Bomar and Lender than this women of emu caracoles an absolute assignment and era an auigrtmery for additional security only. I peon tlelnery of omen notice by lender in borrower of the breach by Borrower of any covtsun or agrecmnu of Borrower n his Inarumena.and mate the mosey of Lender caning upon and utug and maintaining full coast of use Prpeny ten person.by ages or by a coun-appooned receiver,lender shall Utonsedttny be milled to poaacal ss of all renu and revenues of he Properly as specified in this paragraph 2h se the sane become due and payable.ircluding Ina no limed to.mu hen due and unpaid.and all such rents shall immNsately upon delivery of such once he held by Borrower as seunee for the benefit of lender only;provided.however,that the written notice Sr Lender io fe mwee of the breach by Borrower Nall cousin a statnssea dial Lemke emcees as ngha ran asch rents.borrower agrees that commons tepee delivery of arch wraren race of Borrower's breach by Lender to Borrower.each tenant of the Property dull mute such rem payable to and pay such Res to Lenderor Lerder•o agrees on lookr',amen dotard to each man'therefor.delivered • ho each women personally.by mat or by delivering tech demand to each renal um.warms any lubiiy oil the pan of sad tenant In inquire further as to the exams of a default by Borrower Borrower hereby cmerasaa dui Borrower has not some any pr.o moment of said rats.dot Borrower has not performed.and will no perform.any acts re has no canard.and will sot eumte.any antrumrt which would pram Lender from centavo is rights under thin paragraph 26.and that at t e lime of execaion of sus Inarsssncm there has Seen no anticipation or prepayment of any of the rents of the Property for more than two maths prior to the due dues of such rents.Borrower covenants that Borrower will not hereafter collate iv accept payment of any ream of Or Property more Mu two mocha pries to Use due dates of such real.Borrower further tsnnata that bnmswn will execute and deliver to Lender such fuller assignments of yens and revenmes of the Property as lender may from time to terse request. Upon Borrower's hreach of any covenant or agreement of borrower m the Inurumcb, lender may n person. by agent or by a mun-appnrnd receiver.regardless of the adequacy of Lender's security.nor upon and tate and aumaa KU)control of the Propeny an order to perform all acts necessary and appnusrate foes the operation and rife toteuance thereof actual.bad rat lased to.the execution. cancellatrn or modification of lesao.the calks-tan of all rents and reversam of the Properly.the noting of repairs to Use Property and the execution iv Ierrninuan of causcu pmvidasg for the manag ewers or Maintenance of Use Property.all on such irons as are deemed het to protect the secunv of the Intnamnt.In the crenl Lender elects in sect the apfwtan hers of a recover for the Prrg.eny upon borrowers breach of any covenant or agreement of borrower so hat burunsen.bexTOwer hereby expressly coma set the appointment of etch receiver Lender or Use rearm shall he mated in rector a reasonble fee for to manage/the Property. All rents and reveries collected subsequent Is deln'err of written mace by Lender to borrower of the breads by Borrower of any covenant or agrecarn or Borrows in No Wnamna shalt be appled firs to the coot if any.of utng coon of and manug ng the Property and collecting the Mina.u►ldimg.ha not lined to.&amity's fro,res:nvrr'a fees.premium our recerssr'e hoods,rats of repairs to Use hopes v.peemaams on tnwrance Twistpuritan,uan....=same and other charges oo the Property.and the more of du ciarg Cig any obligation or landny of borrower as lessor o landlord of be Property and teen to the wawa secured by Mu Ntnutaen.Leader or the receiver shall have across uo t e boots and record*wed in the carton and mastewaoce of the Pwgyety and shall Inc liable to aecaas only for those rats aaually tanned.Lender gull rota liable to Borrower.anyone Moog tender or tbrwgh borrower or anyone having an aaeree in the bloomy by reason of anything Mae or left ursine by Lender under this paragraph 26. If the ins of the Property are an seffcaet to meet the tors.if any,of Wong cored of and manegng the Rotary and calming the reds.am funds expended by Lender foe nch pardon shall become aadabtsdness of Borrower as Leader awoad by Lbw boaaumaa • putswn to paragraph a hereof.Usesa lender and Borrower agree to wring to mar arms of payment.such amounts shall be payable upon none Iran lersler Its H,srnmel rearm*paymm thereof and shall bear mores from the date of disburser eat at the rate rand in the Nut unless paroled of interest at such rate world he unitary to applicable law.in which even)such an aara■gull bear tterew as Ise huphet rate which may he collected Imo Borrower ander applicable law. MU earring upon anal taking and mesa mane of control of the Property by 1.traLV or the recover and any application of rota as provided hereon dull not care or wane any elan hereunder os oval date any other right or remedy of Lender tank,applcable law or provided herein Ibis ascugmnene of seas of mote Properly shall imam at much tine an Nu Inwrurrnena ceases to secure nabldreu held by Lender. IS..:3t11.01'961 (page 6 of el • \o..Lstorel Comments.Borrower and cede further tenuous and agree as foams: 7 ACCFI.FJIATTON;REMEDIES.Upon Borrower's breach of any covenant or apeemee of ionower■this lonrrmles.including. not nor lasses to.the amnion to pay when due any sums secured by this IrNse4 Leader at lender's option tray declare all of the toms secured by Ns Insrumers he nonedstefy due and payable ahem WWI dnnand.After greet'Borrower mice of default a the manner twescrihed by applicable law.lender may mote the power of sale and any Meer re edss permnucd by applscahk law or provide heren.Borrower scion.ledges dui the power of sake herein grassed may be esteemed by leader withers prom judicial heron.Borrower ✓Y'- has the right in brag an ammo to assert the eoo-exsaeree of a Detach or any utter defame of borrower to acselersl sun and sale.Lender dull he Mtkd to collect all cods and espouses mould in pumas such remedies.ndudng.tam m leatnd to.auomey's fees and eons of dhcumenury evidence.shstrseca and tale repoeu. If lesser revokes the power of sale.Lender shell give wrens sate to incase of the occurrence of an eves of default and of lender's election to cause the Propeny to he add.Trustee and lender dull give suns mosses is the laws of Washington may require to Burrower and to smut other persons as the laws or Washington ymaerbe.and sate the Wee of rich Ins as any be squired by speakable law. Trustee shall ell the Property accoedng to the laws of Wubngtoa.Trustee wily sell de Property set the time and place and under the toms dessynatd in the mice of sate in one or mom parcels sod in sub order as Timms sty demesne.Trustee may pompom sale of all or any parcel of the Property fors paid or periods nit exceeding a total of)0 days sty punk announcement at the lone and place fixed in the once of oak.Lender or lender's desigae may purchase the homely al soy oak. Trustee Mull deliver to(he!wirehair!'Trustee's dead anneyag the Property"Geoid without any commute or warranty.expressed or iushlisl. The see sass in the Trustee's deed tball be prom facie evidence of the truth of the asthma made them.Trustee shall apply the proceeds of the seek n the following order:(a)to all emu and expand of the elk.sehadstg,but not sassed to.Trustee's and Yuxrey's fen and Lofts of tide evidence:(r)to all sums secured by this bstnmeme in mach order as Lender.in lender's sole discretion.directs:and(c)the excess,if any.to the clerk of she ahperior court of the coursy a which the sate took place. 2e. RE('ONVFYANCE.Upon paynw t of all sums cared by run ltutrvtnea.[ester doll request Treace to reeonvey the Pmpeny aril shall uurrnder the Itnuunea and all notes evidencing intlebiedresa sexual by due lnarua eCa to Tmstee.Trustee dull to.eno Ly the Property without warranty In the person or persons legally weld chento.Such perne or persons'ball pay Trustee's reasonable cows incurred in or reco rneyMg the Property. 29 SUBSTITUTE TRUSTEE.In acasdaae wish applcab(e law.[seder may Iron tine to time appoints successor trustee In any Trustee appointed hereunder who has ceased so act.W shout conveyance of the hgrcrty.the successor truce dull succeed to all the tale.power and dunes conferred upon the Trustee herein and by appleahle law. 30.USE OF PROPERTY.The Property is mil used principally for agriodstnl or fumsog purposes. 31.FUTURE ADVANCES.Upon rest of Borrower.lender.at Lender's option o long as this loinunmht secures indebtedness held by Lender.may make Fume Advances to borrower.Such Fusee Advances.win send thereon.shall be secured by this lnaxummt when es Mowed by promissory notes mating that said rots we secured hereby.At no sine shall the principal amount of the ssslchaloes'secured by this(natrument.tart including suns advanced in accordance herewith to protein the stoney of the Instnwaa.eseaed the missal amount of to Note(U.S S 500,000.00 ).plus the adddmal sun of U.S.S N/A In Wines Whereof.Borrower has esecmed U.instrument or has caused the sane as be executed by Is repreme datives denoeeo duly authorened. COAL C K LLC 13 : GREGOR G SER, ER W WILLIAM N W THIMGAN, t4M4BER Borrower's Address: 10900 WE 8TH ST SUITE 105 BELLEVUE, WASHINUTON 98004 U-425 LF(I I r01'96) (pajt 7 of 6) CORPORATE ACKNOWLEDGEMENT Starr of Washington. County u: On this j day of Z 'tZ ' . 19 /o ,before me.the undersigned.a Notary Puhlic in and for the Sure of Washvngtoti,duly enmmiuinned and sworn.personally appeared and .n ire • ►moan to he the President and Secretary.respectively.of the corporation that executed the within and foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said iirporansn.for the uses and purposes therein mentioned.and on oath stated that authorized td execute said instrument and that the seal affued is the corporate seal of said corporation. Id)Witness Whereof.I have hereunto set my hand and affixed my official seal.the day and year first above written. My Commission expires• Notary Public in and for the State of Washington.residing at. INDIVIDUAL ACKNOWI,EDGEMENT State of Washington. County u. On this day of ,19 ,before me.the undersigned.a Notary Public in and for the State of Washington.duly comunissiomed and sworn.personally appeared . to tie known m be the individuallsI described in and who executed the foregoing instrument,and acknowledged to me that signed and soakdthe said inttrunent ('7 as free and voluntary act and deed.for the uses and purposes therein mentioned. In Wimess Whereof.1 have hereunto set my hand and affixed my official seaL the day and year first above written. G Cr) My Commission expires Notary Public or and for the State of Washingtaa.residing at: INDIVIDUAL LIMITED PARTNERSHIP ACKNOWLEDGEMENT Sum of Washington. County u: • On this day of , 19 hefnre me,the undersigned.a Notary Public in and for the State of Washington.duly commissioned and sworn.personally appeared .to me known to be the individualls)described in the foregoing instrument as and known to be the General Parmer{s)of a Limited Partnership and.on behalf of such Lunged Partnership.acknowledged to me that signed sad sealed the lumping=a iment as the free and voluntary act and deed of said Limited Partnership.for the uses and purposes therein mentamed In Witness Whereof.I have hereunto set my hand and affixed my official seal,the day and year first above written. My Coanmissinn expires: Notary Public to and for the State of Washington.residing at. CORPORATE LIMITED PARTNERSHIP ACKNOWLEDGEMENT Stir of Washington. County ss: On this / day of . 19 9r .before me.Qe uoden>gad,a Notary Publicand for the of Washington.duly commissioned and sworn, nodally appeared kn eSn to tie the 'rid ucI s i a- m"7 to not n to the esµ,!I Pseei�>»rid ,-�.�-� Swoaaaay.respeenvely.of ♦yy ►ra?ter the corporation that executed the foregoing instrument as Grnpa sr no s C VC Gl tt � L C C- _ s Ira Limited Partnership.and acknowledged the said instrument in ix the free and vnlunury act ?PIas such General Partner.and of said Limited Par ern p,for the uses and purples thegEut elated that authorized to execute the said instrument and that the seaLeffix cp al of said corporation Geneial Partner. In'Witneis Wittetit Aimee etAlo set my band and affued*pry seal.the year first above written. My Casomtsatm espaw /qi7 Notary Pubs f of WuiOgoon.midtog at: I32.W REQUEST FOR FULL RECONVEY E • To Trustee The undersigned is the holder of the note or notes secured by this Instrument Said note or notes.together with all other indebtedness secured by this instrument.has been paid in full. You are hereby directed to cancel said note or notes aid this Instrument.which are delivered hereby,and to reconvey.without warranty.all the estate now held by you under this Instrument to the person or persons legally entitled thereto. Dived IS-421 I.F(11i01r961 (page g of 8) (.i MEM • • • a 1uc 14 8 30 fir '=f DI`: ^_t CT' ',ND F C1HOW Retun To: .:%:C O:tiro INTERNEST BANE x' P 0 Box 1649 Oak Harbor, Ilk 98277 LOAN N 2480429699 Assessor's Parcel or Account Numbv: 102305 9074 08 Abbreviated Legal Dc4 spoon: PORTION OF N.N. 1/4 STR 10-23-5 • [Include ter.blob sod put cc tecuat.tacmicp..d natal ( Full legal description located on page • 15.seeAit..e Tw use it.aKrsl.a Dual 1.4 DEED OF TRUST THIS DEED OF TRUST('Security Instrument')is made on AUGUST 3, 1998 .The grantor is COAL CREEK PARTNERS, LLC.. A WASHINGTON LIMITED LIABILITY COMPANY • es•• (-Botrowcr-).The trustee is COMMONWEALTH LAND TITLE INS ( (-Trustee").The beneficiary is INTERNEST BANK, A MASHINCTl'OH CORPORATION •• which is organized and exams undo the laws oi Milt STATE OF IIASHINGTON ,and whose address is 2918 78TH AVE SE, MERCER ISLAND, WA 98040 • ('Lender').Borrower owes Lender the pruncipaJ - sum of TWO HUNDRED THIRTY THREE THOUSAND ONE HUNDRED FIPT( AND NO/100 Dollars(U.S.S 233,150.00). C WABNINOTON-Single F.m,IyFNNA/FMLNC UNWORN INSTRUMENT Form L048 91*0 • IciAmended AJ(97011 In WI M: J Page 8 111111111 VMP MORTGAGE FORMS•(800)321.7291 • 111 fl 21 '7 This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"). O which provides for monthly payments, with the full debt, d not paid earlier. due and payable on 0 SEPTEMBER 1, 1999 .This Security Instrument secures t0 Lender:(a)the repayment of the debt evidenoed by the Note,with interest,and all renewals.extensions and modifications of the Note:(b) m the payment of all other slum,with interest.advanced tender piragraph 7 to protect the security of this Security Instrument:and(c)the performance of Borrower's covenants and agreements under this Security Instrument an and the Note. For this propose. Borrower irrevocably grants and conveys to Trustee, in oust, 01 with power of sale.the following described property located in KINGCount gWn THAT PORTION OF THE SOUTH 330 FEET OF THE EASIT HALF nO► THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST. M.M., IN KING COUNTY, MASHINGTON, LYING WESTERLY OF THE WESTERLY LINE OF 138TH AVENUE S.E., AS CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. SC701162; ESCEPT THE SOUTH 30 PEET THEREOF CONVEYED TO THE CITY OF RENTON FOR ROAD UNDER KING COUNTY RECORDING NO. 9409201136. which hat the address of 8XX 138TH DR SE, RENTON isueet.cu.). Washington 98059 IbpCedel(Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the pnrperty.and all easements. appurtenances.and futures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to m rho Security Instrument as the Property. BORROWER COVENANTS that Borrower it lawfully seised of the estate hereby conveyed and has the nght to grant and convey the Property and that the Property is unencumbered.except for encumbrances of record.Borrower warrants and will defend generally the bale in the Property against all claims and demands, subtext to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covannts with United variations by funsdsusn to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: I.Payment of Principal and Interest;Prepayment and Late Charges.Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2.Funds for Taxes and Insurance. Sub ect to applicable Law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note.until the Note is paid in full, a sum ("Funds-) for: (a) yearly taxes and assessments which may attain pnonty over this Security Instrument as a lien on the Property;(b)yearly leasehold payments or ground rents on the Prspe ny,if any: property premiums: (d) yearly food insurance yearly ( yearly hazard orinsurance prarniumc, if any; (e) mortgage insurance premiums.if any:and Ill any sums payable by Bmower to Lender,in accordance with the provisions of paragraph 8. in lieu of the payment of mortgage insurance prttniums. These items arc called "Escrow Icons." Lender may.a any tame,collect and bold Funds in an amount not to exceed the rnaxunum 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 from time m tame, 12 U.S.C.Section 2601 ea seq.("RESPA").unless another law that applies to the Funds sets a lesser amount If so.Lender may,at any umc,collect and hold Funds an an amount not to exceed the lesser amount Leakier may estimate the amount of Funds due on the basses of current data and reasonable estttmmtt of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall 6;held in an institution whose deposits arc insured by a federal agency,instrumentality. or entity (including Lender, if Lerida u such an unstautan) or in any Federal Home Loan / ®t aR(WA)(970n t Page 2 of a lmada. tNV/1"— fa(a. Forte 3041 afa0 _____J 25 x I .111 mama Bank.Lender shall apply the Funds to pay the Escrow Items.Lender may nor charge Borrower for holding and applying the Funds,annually analyzing the escrow account.or verifying the Escrow Items.unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge However.Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting x service used by Lender in connection with this loran. unless applicable law provides otherwise. nless an . C7 agreement is made or applicable law requires interest to be paid.Lender shallt note requital to pay Borrower e7 any interest or earnings on the Funds.Borrower and Lender may agree in witting.however,that interest shall 0 be paid on the Funds. Lender shall give to Borrower.without charge,an annual accounting of the Funds. 1 showing credits and debits to the Funds and the purpose for which each debit us the Funds was made.The gt4 Funds arc pledged as additional security for all sums secured by this Security Insuumau • If the Funds held byLender exceed the amounts permitted to be held by applicable law.Lender shall • do account to Borrower for the excess Funds in accordance with the requirements of applicable law.If the amount Gof the Funds held by Lender at any woe is not sufficient to pay the Escrow Items when due.Lender may so notify Borrower In wnung.and,n such case Borrower shall pay to Leader the amount rccessay to make up i'. the deficiency.Borrower shall make up the deficiency in no more than twelve monthly payments.at Lender's t# sole disuction. Upon payment infull of all sums secured by this Scarily Instrument,Lander shall promptly refund to Borrower any Funds held by Lender.If.under paragraph 21.Lender shall acquire or sell the Property.Lender. + prior to the acquisition or sale of the Property.shall apply any Funds held by Lender at the time of acquisition 4 or sale as a credit against the sums secured by this Security Instrument eats received byLender 3.Application of Payments.Unless applicable law provides otherwise.all paym under paragraphs l and 2 shall be applied:lust,to any prepayment charges due under the Note,second,to amounts payable under paragraph 2;third,to interest due:fourth.to principal due:and last.to any tale charges -.j due undo.the Note. 1 4.Charges;Liens.Borrower shell pay all taxes.assessments.charges.fines and impositions attributable to the Properly which may attain priority over this Security Instrument.and leasehold payments or ground rents if any.Borrower shall pay these obligations in the manner provided in paragraph 2.or if not paid in that C� , J manner.Borrower shall pay diers on time directly to Use person owed payment Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.If Borrower makes these payments p'-', directly.Borrower shall promptly furnish to Lender receipts evidencing the payments. rC. Borrower shall promptly discharge any lien which has pnonty over this Sccunty Instrument unless o Borrower:(a)agrees m writing to the payment of the obligation secured by the ben in a manna acceptable so o Lender:(b)contests in good faith the hen by,or defends against enforcement of the lien in,legal proceedings - which in the Lender's opinion operate to prevent the enforcement of the lien:or(c)secures from the holder of •, the lien an agreement satisfactory to Lender subordinating the hen to this Saunty Instrument If Lender Ij determines that any pen of the Pmpaty is subject to a lien which may attain priority over this Security Instrument.Lender may give Borrower a notice idenufyung the lien.Borrower shall satisfy Use ben or take one or more of Use actions sex forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall burp the improvements now existing or hereafter erected on the Property insured against loss by fire.hazards included within the term"extended coverage"and any other hazards.including floods or flooding.for which Lender requites insurance.This insurance shall be I maintained in Use amounts and for the periods that Lender requires. The insurance rune providing the i insurance shall be chosen by Borrower subset to Lender's approval which shall not be unreasonably withheld. j C If Borrower fat to maintain coverage deserted above,Lender may,at lender's option.obtain coverage to protect Lender's nghts in the Property in accordance with paragraph 7. ; All insurance policies and renewals shall be acceptable to lender and shall include a standard mortgage clause. Lender shall have the nght to hold the policies and renewals. If Lender requires. Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices In the event of loss Borrower shall give prompt notice to the insurance earner and Lender.Lender may make proof of loss if not made promptly by Borrower. C Unless L_nda and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and / Iminus (Al fry ®-SR(WA)(970s) Pape 3 of 8 Form 3048 940 0 t i •- r -.__ �_.__ " ) 25x AMMO Lender's security is not lessened.If the restoration or repair is not economically feasible or Lender's security would be lessened.the insurance proceeds shall be applied to the sums secured by this Security lnsmmasi, whether or not then due,with any excess paid to Borrower. If Borrower abandons die Property,or does ON answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim.then Lender may collect the insurance proceeds Lender may use the proceeds to repair or-restore the Property or to pay sums secured by this Security Ia err unit whether or not then due.The 30-day period will begin when the notice is given Unless Lender aid Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due dam of the monthly payments referred to in paragraphs I aid 2 or change the mount of the payments.If under paragraph 21 the Property is acquired by Lender.Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shah pass to Lender to the extent of the sums secured by this Sextviry Instrument immediately prior to the acquisition. f. Occupancy. Preservati s. Maintenance sad Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy.esnblish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as borrower's principal residence for a least one year after the date of acxupanes%unless Lender otherwise agrees in writng, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which we beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate.or commit waste on the Property.Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the ben created by this Security instrument ix Lender's security interest Borrower may cure such a default and reinstate.as provided in paragraph 18.by C7 causing the anion or pcereoding to be dismissed with a ruling that. in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impaimhent of the lien crated by this Security Instrument or Lender's security interest Borrower shall also be in default it Bonower,during 1-4 the loan application process,gave materially false or inaccurate information or statements to Lender(or tailed to provide Lender with any material information)in connection with the loan evidenced by the Note,including, but not limited to.representations concerning Borrower's occupancy of the Property as a principal residence.If the Secunty Instrument is on a leasehold. Borrower shall comply with all the provisions of the le se. If Borrower mauves fee title to the Property,the leasehold and the fee true shall not merge unless Lender agrees • to the merger in wrung. 7. Protection of Leader's Rights in the Property. If Borrower fails to perform the covenants and agreements contained n this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy.probate.for condemnation or forfeiture or to enforce laws or regulations),then lender may do and pay for whatever s nrns'ry to protect the value of the Property and Lender's nghs in the Property.Lender's actions may include paying any sums secured by a lien which has pnonty over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take anion under this paragraph 7.Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower ( secured by this Security Instrument. Unless Borrower and Lender agree to oilier terms of payment.these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable.with interest, -. upon notice from Lender to Borrower requesting payment S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect.If.(or any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect at a cost substantially equivalent to the cost to Borrower of the ( mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. if substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each / IniaalhilLkerr Ile -SR(NA)(i701) Pap*a of a Form 304a f1H ) 25 x month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to he in effect Lender will accept.use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premwrm required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9.Inspection.Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or poor to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages. direct or consequential. in connection with any condemnation or other taking of any pan of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied in the suns secured by this Security Instrument whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or • greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums sectored immediately before the taking.divided by(b)the fair market value of the Property immediately before the taking.Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides.the proceeds shall be applied to the sums secured by this Security Insuument whether or net the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the condemnor 0 offers to make an sward or scale a claim for damages,Borrows fails to respond to Lender within 30 days after LP the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option,either to fy restoration or repair of the Property or to die sums secured by this Security Instrument,whether or not then due. Unless Lender and Borrower otherwise agree in writing.any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change die amount of such payments. 11.Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall net operate ran release the liability of the original Borrower or Borrower's sumessors in rote rest.Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify moruntion of the sums secured by this C Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender m exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of paragraph 17.Borrower's covenants and agreements shall be pint and several.Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)is co-signing C this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Insuumatt;(b)is not personally obligated to pay the sums secured by this Security Instrument and (c)agrees tut Lender and any other Borrower may agree to extend, modify, forbear or Inital.. ,h/A o(..fr ,4R(WA)(970t) Pape 5 of 8 Forma0aa 11/110 ^ �w�_ Ywyww .. ._•.µ..•et... 255 X ' make any accommndauons with regard to the tarns of this Security Inswment or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally ntaprcicd so that the interest or otha loancharges ullected or to be collected in connection with the ban exceed the pi:mimed limits.then:(a)any such loan charge shall hc reduced by the amount necessary to reduce the charge to the permitted limit:and(b)any sums aheady collected t7 from Bormwa which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this `, refund by inducing the principal owed under the Note or by making a dear payment to Borrower.If a refund rcoucem principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices Any notice us Borrower provided for in this Security Instrument shall he given by delivering coit or by mailing it by fast class mail unless applicable law requires use of another method.The notice shall be 0 directed in the Property Address or any other address Borrower designates by notice to Lender.Any notice to rn Lender shall be given by first class mail to Lender's address stated herein or any other address Lender 0: designates by notice to Borrower.Any notice provided for in this Scurry Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. I5.Governing Law; Severahility. This Security Instrument shall be governed by federal law and the law of the jwisdicfion in which the Property is located.In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the ainflicung provision.To this end the provisions of this Security Instrument and the Note arc declared to be severable. 16.Borrower's Copy.Borrower shall he given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower.If all oe any part of the Property or any interest in it is sold or transferred(or if a benefcial interest in Borrower is sold or transferred and Borrower is riot a natural person)without lender's prior wmten consent Lender may,at its option.require immediate payment in full of all sums secured by this Security Insuumcnt However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails by this to (turns peaor withouttot expiration of this period. Lerida may invoke any «realm perm Security further notice or demand on Borrower. IR.Borrower's Right to Reinstate.If Borrower meets certain conditions.Borrower shall save the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law May specify for reinstatement)before sale of the Property pursuant to any power of salt contained in this Security Instrument or (b) entry of a judgment enforcing this Security Instrument.Those conditions arc that Borrower.(a)pays Lender all sums which then would be due under this Sectinty instrument and the Note as if no acceleration had occurred: (b) cures any default of any other covenants or agreements:(e)pays all expenses incurred in enforcing this Security Instrument including,but not limited to.reasonable rilnnscys'fees:and(dl takes such action as Lender may reasonably require to assure that the lien of this Security Instrument Lender's rights in the Property and Borrower's obligation to pay the • sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower.this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred.However,this night to reinstate shall not apply in the case nit acceieramon under paragraph 17. 19.Sale of Note;Change of Lana Servie t.The Note or a patwl interest in the Note(together with this Security Instrument)may be sold one or more tunes without prior nonce to Borrower.A sale may result in a change in the entity(known as the'Loan Service')that collects monthly payments due under the Note and this Security Instrument There also may be one or more changes of the Loan Service unrelated to a sale of the Note. If there is a change of the Loan Services, Borrower will be given wntlen notice of the change in accordance with paragraph 14 above and applicable law.The notice will state the name and address of the new Loan Services and the address to which payments should be nude.The notice will also contain any other J infornuuon required by applicable law. Inrtuls,S ®-an(WA)(9701) Popo b of a Form 304a 1090 ere f i • • e:25x In 2D.Hourdon%Substances.Borrower shall not cause or puma the presence,use.disposal.storage,or release of any Hazardous Substances on or in the Properly.Borrower shall not do.nor allow anyone else to do, anything affecuag the Property that is in violation of gay Enviranmemal Law.The preceding two sentences shall nee apply to the presume,use.or storage on the Property of stroll quantities of Hazardous Substances that are generally recognized to be, ••... to normal residential uses and o maintenance of the Property. Borrower shall pone •..-_Imam notice of any investigation.ctam�ernad.lawsuit or other action by any govem9eh ..�n+r".a - y or private party involving the Properly and any Hazardous Substance or Frnvt �^ ••'t• ..wer has actual knowledge.If Borrower learns.or is notified by any governmen ' autbontyp,that m y removal or other remcdwroe of any Hazardous Substance affecting the •,..••.r I�nrower shall promptly take W necesstcsaay remedial actions in iiiiir accordance with En• . .(• As used n this• Ill ' 4ubstances-are those substances defused as toxic a hazardous substances by Env' . Y ^ rag substances: gasoline.kerosene.other flammable ortoxic petroleum products, to. •• 'x e inbrbinda. volatile solvents- maeiah containng asbestos or formaldehyde.and cad• usedthis rnn paragraph 20.'Enviroesml Law"means federal Laws and laws of the jurist!., the Property is located that relate m health.safety or environmental I per. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 21.Atceleratioa; Remedies.Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acMeretimn,nader paragraph 17 unless applicable law provides otherwise).The notice shall specify: (a) the default;(b)the mhos required to cure the default;(c)a date,not less that 30 days from the date the 4 notices gives to Borrower,by which the default mhos be cared;and(d)that failure to cure the default ;{ on or before the date specified in the notice may result in acceleration of the sums secured by this I Security Instrument and sale of the Property at public auctions at a date not less than 120 days in the j future.The notice shall further inform Borrower of the right to misstate after acceleration,the right to bring a court adios to assert the non-exsteace of■ default or any other defense of Borrower to 4 accekntion and sak,and any other matters required to be included is the notice by applicable law.If 4 1 the default as not cored on or before the date specified in the notice,Lender,at i s option.may require 3 7 immediate payment in lull of all sums secured by the Security Instrument without further demand and O may invoke the power of sale and any other remedies permitted by applia►k law. Lender shall be 1 muted to collect all expenses incurred in pursuing the remedies provided a this paragraph 21, I '- ind an adiag,but not limited to.reasonable attorneys'fees d costa of title evidence. if Leader invokes the power of sale.Lender shall give written sake to Trustee of the occurrence a of • x an even of default and of Lender's election to cause the Property to be sold.Trustee and Lender shall ; C take such action regarding notice of sale and shall give such notices to Borrower and to other persons as • applicable law may require.After the time required by applicable law and after publiatioa of the notice . 71 of sal,Trustee,without demand on Borrower,shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated ea the notice of sale in oat or more parcel and in any order Truster determine.Truster may postpone sale of the Properly for a period or periods permitted by applicable law by public announcement at the time and plan fined in the notice of sale. ,j Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty.expressed or implied.The recitals is the Trustee's deed shall be prima fade evidence of the truth of the statements made therein.Trustee shall apply toe proceeds of the sale in the following order: i to)to all expenses or the Mae,including er and,but not limited to.reasonable Trustee's and attorneys'fees;lb) r to all sums secured by this Security nstrumt; a (c)any excess to the person or persons legally u% 4 ( a entitled to it or to the clerk of the superior court of the county which the sale took place. t•^�22.Recoeseyance.Upon payment of all sums secured by this Security!muumuu.Lender shall request CC Trustee to reconvey the Property and shall surrender this Security Instrument and all sees evidencing debt N secured by this Security Insnument to Trustee. Trustee shall reconvey the Properly without warranty and ill without charge to the person or persons legally eroded to it Such person or prcorts shall pay any re ordatwn IC CAMS. Ci 23.Substitute Trustee. In accordance with applicable Law,Lender may from time to time appoint a 1 1 successor ounce to any Trustee appointed hereunder who her ceased to act. Without conveyance of the �. a Property.the successor trltstee shall succeed to all the title,power and duties conferred upon Trustee hcretn and ( by applicable law • 24.Use of Property. The Property is not used principally for agricultural or farming purposes. In,O.IelrL Oven O�/1�•IR(W A)(9701) Page 7 of I Fenn 304a tree 1', - - `' ) 25xI [ .11 tar=re 2S.Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded utgcther with this Security instrument.the covenants and agreements of each such rider shaft he Mauporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rxkrts) were a port of this Security Instrument. `' 'Check applicable box(es)I '7 l]Adjustable Rate Rider Condominium Rider ©1.4 Family Rider • CGraduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Balloon Rider Rate Improvement Rider _Second Home Rider 21 VA Rider ❑Otfter(s)(gpecifyl ap BY SIGNING BELOW. Borrower accepts and agars us the terms and covenants contained in this 7) Security Instrument and in any rider(s)executed by Borrower and • ,. • W messes: I,, • `idlg •— (Seal) COAL. iZ. P.;ram.RS LLC •NW Met r GRBGO• r-ISER. MEMBER . By, (Soap -flormecr WILLIAM M W THIMGAN, MEMBER (Sul) ==,n••-• (Seal) > •Roirowcr •Borrower • (Seal) (Seal) •Huno►cr Harower f (Seal) (Seal) . -Ikwru1cr 'worm,,, STATE OP WASHINfTON County of �t Q On this day personally appeared before me L.); I i ravwt (1 IA) ( ..w.t i '^^.0 ib.4 t-t1,_ 21 . 14.u- .4 a ,_ to me known to be the individual 5 described in and who executed the within and foregoing instrument. 1 and acknowledged that signed the same as 4-h.a:.✓ free and voluntary act and deed,for the uses and purposes s entioned. ^ GIVEN under my s'm h+ lthis I( daYof l't.• . rile . . ( Ir rr 1 /- -f� �f Y •�t; n k i✓fC�la UKs ere of w.ciugw,. do'u i S My App mmtrnett Expires on 31 16 fr rti = frr,�4� JANICEREBECCA PAY J ®e IR(WA)(9701) e.g.a or a Form MI a10 / I ' L —.. .�.._._ 0 ) 25 x 1 Minn RETURN TO: INTERNIST BANE P.O. BOX 1649 OAK HARBOR, HA 98277-1649 LOAN 8 2480429699 ; 1-4 FAMILY RIDER Assignment of Rents THIS 1-0 FAMILY RIDER is mak this 3RD day of AUGUST , 1998 and u incorporated into and shall be deemed to amend and supplement the Mortgage.Deed of Tr=or Security Deed(the'Smray Irntrumcnt)of the same date given by the undersigned(the'Borrower')to secure Borrower's Note to INTERNIST BANK, A RASHIM7TON CORPORATION 'Cadet')of the sane due and coveringthe (the Property described in the Security Immanent and Touted at IU 138TH DR SE REXPOH, ttASHINGTON 980590000 fhapnty Ardra,l A1-4 FAMILY COVENANTS. In addition to the covaunu and agreements made in the Security • Q Instrument,Borrower and Lander further ebvmmt and ogee as follows: A.ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT.In addition to Cr the Property described in the Security Inmume nt.the followng dons are added to the Properly description, and shall also coriu mte the Property covered by the Security Instrument building materials,appliances and an goods of every nature whatsoever now or hereafter located in, on. or used,or intended to be used In , 0 connection with the Property.including,but not limited to.those for the purposes of supplying or distributing • 01 hating,cooling,electricity,gas,wafer.air and light.fire prevention aid extinguishing apparatus,security and access control apparatus,plumbing.bath tubs,water haters,water closets,sinks,ranges,stoves,refrigerators. dishwashers, disposals, washers,dryers, 'wimp. norm windows. storm doors. sneers. blinds. shades. • curtains and curtain rods,ranched mirrors,cabinets,panelling and attached floor coverings now or hereafter attached to the Property.all of which,including replacement and additiorn thereto,shall be cleaned to be and remain a pert of the Property covered by the Security Instnmrne eat AU of the foregoing together with the leasehold)Prop d in Securityntaw ere eat( leasehold estate if the Security Instrument n on a Fundy Security Instrument a the-Property.- • ( MULTISTATE i-a FAMILY RIDER•Panne,Mwfr•ddl•Mao Uniform Instrument Pap 1 0l 3 Ine4ala: i- 4111t-17U(980n) VMP MORTGAGE FORAM-(o00)821.729t Fair asTOP 0 AnisoMd 7193 1E111111 • • • 0 A B.USE OF PROPERTY;COMPLIANCE.WITH LAW.Borrower shall not seek.agree to or make a change in the use of the Property or its mining classification.unless Lender has agreed in wnting to the change.Borrower shall comply with all laws.ordinances,regulations and requirements of any governmental f"( body applicable to the Property. C.SUBORDINATE LIENS.Except as permined by federal law, Borrower shall not allow any lien p inferior to the Security Instrument to be perfected against the Property without Lender's prior written X) permission. D.RENT LOSS INSURANCE.Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E."BORROWER'S RIGHT TO REINSTATE"DELETED.Uniform Covenant 18 is deleted. F.BORROWER'S OCCUPANCY.Unless Lender and Borrower otherwise agree in writing,the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted.AU remaining cnvenants and agreements set forth in Uniform Coverall 6 shall retrain in effect. G.ASSIGNMENT OF LEASES.Upon Lender's request.Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with lessen of the Property.Upon the assignment. Lender shall have the nght to modify,erred or laminate the existing leases and to execute new leases.in Lender's sole discretion.As used in this paragraph G.the word"lease"shall mean"sublease"if the Secunty Instrument is on a leasehold. H.ASSIGNMENT OF RENTS;APPOINTMENT OF RECEIVER;LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues('Rents") of the Property,regardless of to whom the Rents of the Property are payable_Borrower authorizes Lender or Lender's agents to collect the Rents.and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents.However,Borrower shall receive the Rents until(I)Lender has given Borrower notice of default pursuant in paragraph 21 of the Security Instrument and(u)Lender has given notice to the tenant(s) that the Rents arc to be paid to Leader or Lerda's agent.This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach 10 Borrower. (i)all Rcats received by Borrower shall be held by Borrower as trustee for the benefit of Lender only. to be applied to the sums secured by the Security Instrument;(ii)Lender shall be entitled to collect and receive all of the Rents of Use Property;(iii)Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender Of Lender's agents upon Lender's written demand to the tenant;(iv)unless applicable law provides otherwise.all Rents collected by Lender or Lender's agents shall be applied fast to the costs of taking control of and managing the Property and collecting the Rents,including,but not limited to.attorneys'Ics,receiver's fees.premiums on receiver's bonds, repair and maintenance costs, tntsuncicc premiums, uses, assessments and other charges on the Property,and then to the sans secured by the Security Instrument(v) Lender. Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received;and(vi)Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Po/nay without any showing as to the Inadequacy of the Property as security. mats S7U(9b01) Papa 2 of 3 Form 3170 0100 f t miry 0 I_ • • • If the Rents of the Property are not sufficient to rnva the cons of taking control of and imaging the Property and of coliewog the Rents any funds expanded by Leader for such purposes shall become indebtedness of Borrower to Linder served by the Sauey Iaeruman pursuant as Uniform Covenant 7. 5 Borrower represents and warrants that Burrower has not executed troy prior assignment of the Rents and Ins not and will not perform any oct that would prevent Lerida both exercising us rights under this Lerida.or Lender's arum or a judicially appointed receiver,shall not be rn tined to inter upon,take ceotrol of or maintain theProperty before or after giving notice of default to Borrows.However.Lender.or Leiria's agents or a iadliryy appointed receiver. may do ao at any time when a default occurs. Any application of Rents shin not cure or waive any default or invalidate any other right or remedy of Lather. This a sivunan of Rents of the Property shall laminae what all the sums secured by the Security ltaaument are paid in frill L CROSS-DEFAULT PROVISION. Borrower's default or brads corder any now or agreement in .' which Under haw an iotaat shall be a breach corder the Sectmry 1n4174matt and Lender may invoke any of Athe remedsa pammaed by the 5mrny Instrument BY SIGNING BELOW Borrower accepts and agrees to the tams and provisions coosmed in this 1-4 Family' • •t� CQkL. •.i . LLC ml 4 • at (Seal) ( ) (i 3GORY Rr�r• ER• -Borrower Borrower `.�: Pewter • (Seal) (Seal) 12LI.I1M/ at M Tts r r , 141D4B&R -Borrower -Borrower • (Seal) (Seal) Borrower Borrower (S43I) (Sad) • -Boreown •Borrower • iatb7U(0801) Peg*3 al 3 Porn 3170100 • • • • c EIthai`- r.n.e.d4:-_` -•-,r • •-e•• stanttrtal •• �.t r.J:•--,+ - ,�""i r 7'.. . 4. dilb • WHEN RECORDED RETURN TM CERTIFICATE Office �,,���Y a� I,the ttr'trsibn�, t�tr petit of the I Renton200 Municipalso° �a City of Renton, Mr:hin',:a,c thatt this is a true R RmM Avenue 96USoi y and correct cc y of /!P . 4 4 p N n o Stbo 7�d and /-T Cf y6- 9.. s a _ x' CIir- o 3 } M Lu a�i v • w s C t4La CITY OP RENTON, WASHI.yGTON r C r+ r. ORDINANCE NO. 4 612 AN ORDE=ANCE OF . CITY OF aaamr, I►tasulyc:cz, Z5 .ZZT.I ►TY:c AI S.SS:SS:-..•"'? nisTraCl..•POR_. SA.7ITJ r 'S:":I '' SA..tv1Q IIf A PC T:== Or T=Z S �,... OIII' == ems, L..A r'_' •• D••.• 3 :.:..7 L3=:.^.LISS:I::O ?.:.:ti••r OF I S C 72= Cc:Z=C:IC:7 TO 7ACILITIES. TEE CITY COU:CIL GF _ 8 T "EE CITY OF RE T02N, WASHINGTON, DO ORDAIN AS FOLLOWS: $ICTICT T. There is hereby created a Sanitary Sewer %T Service Special Assessment District for the area served by the East ' (4 CI Renton SanitarySewer _n i � interceptor n the northeast quadrant of the C City of Renton and a portion of its urban growth area within C.) unincorporated King County, which area is more part cularly H) 0 - v.' described in Exhibit -ached hereto. A cap of the service area is attached as E;-j -�b --, . The recording cf this doc:..::cn„ is to provide on of potential connection n and interest . • chars-es. while this connection cn charge zrge may be paid at any time, the City does not require pa;-2 nt u.rtil such time as parcel eel is connected to and thus bent::ti ng fro m the sewer f aeilities. Thr property may be sold cr in any' otter r way change hands without t__ _eying the requirement, by the City, of payment of the charges associated with this district, • ZEC'TIOJ II. Persons connecting to the sanitary sewer ' =aci: :tics in this Spe cial assessment District and which properties r ` I • `i I a. ORDINANCE 4612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. per Unit Charce. new connections of residential dwelling units or equivalents shall pay a fee of $224 .52 per dwelling unit and all other uses shall pay a unit charca of $0 .C69 per square foot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included .within the boundary legally described in Exhibit MA" • CA C, and which boundary is shown on the t .pattachedas E; debit B. CD $Ec"TC_t III. In addition to the aforestated changes, there CZ Qshall be a charge of 4 .11V per annum added to the Per Unit Charge. 7) e interest charge shall az:rue or no more that ten (10) years frcm the date this ordinance b effective. becomesBrest c::argcs ill be simple interest . and nct compound interest. 5........Tc,t T This ordinance shall be effective..-�` � -:arce eL upon its T.assac2, approval , and thirty (30) days after publication. c:..7 2D EY THE C_....:. CC;.,^.;:__ . _� this 20.711 day Of_=•:ne A. 1995 . MarilyilJJ etersen, City Clerk 2 ORDINANCE 4 612 APPROVED BY TEE MAYOR this 10th day of June , 1996. Jes Tanner, Mayor Approve as to form: Lawrence J. Warren, City Attorney Late of Publication: 6/14/95 _ CRD.576 :5/:.0/95:as. • • • C.� Cl O LO Ca • :.7 3 ^\ \ /,�j Exhibit A • LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON—EAST RENTON INTERCEPTOR Portions of Sections 8, 9. 10. 11. 14, 15, 16, 17. 21 and 22 all in Township 23N. Range 5E W.M. in King County, Washington is 1 Section 8,Township 23N, Range SE W.M. All of that portion of Section 8, Township 23N, Range 5E W.M. lying East of the • East right-of-way.line of SR-405 and South of the following described line:.. _ . -_ 1 I - Beeginni.-g at the intersection of the East-line of said Section 8 with the centerline of NE 7th Street; thence Westerly along said centerline of NE 7th Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North line of the Southeast VI of . said Section 8; thence West along said North line to the East right-of-way line of SR-405 and the terminus of said line. :J :.J . • U7 - 0 Section 9, Township 22;1, Rango 5E W.M. c. All of that portion of Section 9, Township 23N, Range 5E W.M. lying South and c East of the following described line: _ �'7 Beginning on the centerline of Inc 7th Street at its intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to its intersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast A of said Section 9; thence East aJon„ said South line to its intersection with the centerline of I:edrncn d Avenue NE; thence Northerly along said ce^t�rii— its intersectiontot the o :7centerline of I. NE 10th Street: thence East said cSection 9 • the along eae:'a.^e to the East Lire of said and terminus of said Line. 1 C.. .....,:, 10, Township 2.:::, Ran:: : V1.7.1. All of that portion of Section 10. Township 23N, Range 5E W.M. lying Southerly . and Westerly of the following described L-ie: Beginning on the %est line of Section 10 at tS irt^ the North line of the Solidi ;�i of i �ectron with �t the North 1,� of .d Section 10; the-nce East clang said North line to its i.. ersection with the centerline of 1•12nd Avenue SE; thence Southerly along said centerline to its intersection with the North line of the Southeast IA of said Section 10: thence East along said North line to its intersection with the East line of said Section 10 and the terminus of said line. t ....0T•C/1(N{(Q1Aa1 pµ 4 � ,.... :i • Legal Description of the Special Assessment District for the City of Renton—East Renton Interceptor Page 2 of 3 s Section 11,Township 23N, Range 5E W.M. All of the Southwest 'A of Section 11.Townshi 23N p . Range 5E W.M.. Section 14,Township 23N, Range 5E W.M. All of that portion of Section 14, Township 23N, Range 5E. W.M. described as follows: All of the Northwest 'A of said section. together with the Southwest 'A of said section, except the South 1/2 of the Southeast 'A of said Southwest 'A and except the plat of McIntire Homesites and th of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82, Records of g County, Washington. the South 151.55 feet of the East 239.435 feet of Tr 6, Block 1 of Cedar River Five Acre Tracts as recorded in the Book of Plats. Volume 16, Page 52, Records of King County, Washington. less 1/2 of the street abutting said portion of Tract 6, Block 1. and less Tract 6. Block 2 of said Cedar River Five Acre Tracts. less of t•o the street adjacent to said Tract 6, Block 2, and except the South 52.765 feet of the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less C� '/ the street adjacent to said portion of Tract 5, Block 2. Section 15, Towmship 23N, Range SE W.M. • All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Sout-iwest '/. of the Southwest '/. of the Southwest V4 of said section. • Section 17, Township 23N, Range Sc • W.l.1. All of that portion of Section 16. Township 23N. Range 5E V..M except that portion of the Southeast ', of the Southeast 'i of the said Section 1G lying g East of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats Volume 39, page 39, Recoitis of Kin"' County Washington and its Northerly extension to the North line of said Southeast '/z of the Southeast A of the said Section 16 and except that portion of said section lying Southerly of the Nc Cher!•• right-of-way line of SP-1 G9 (Maple Valley High::a ,) • Section 17, Township 2;,;;, Ranz2 SE W.M. All of that portion of Section 17, Township 23N, Range 5E VV.M., lying Northeasterly of the Northeasterly right-of-way of SR-169 (Maple Valley 'Highway) ) and Easterly of the East right-of-way line of SR-405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE lying • OATAW(M tin 0reco ICN$CD$AOICGAI"C Legal Description of the Special Assessment District for the City of Renton—East Renton Interceptor Pare 3 of 3 between the South line of the NE 3rd Street and the Northeasterly margin of SR- -405. Section 21, Township 23N, Range 5E W.M. All that portion of Section 21. Township 23N. R 5E W.M. lying Northeasterly of the Northeasterly right-of-way line of SR-169 (Maple Valley Highway) and West of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats,volume 39, page 39, Records of King County,Washington. Section 22, Township 23N, Range 5E W.M. All of that portion of Section 22, Township 23N, Range 5E W.M. deco hed as follows: All of the Northwest 1'4 of the Northeast 1/ of said Section 22 lying Northerly of the 4 Southerly line of the Plat of Maplewood Heights as recorded in the Book of Plats, G0 volume 78, pages 1 through 4, Records of King County, Washington. Together with the North 227.11 feet of the West 97.02 of the Northeast Northeast Vi of said Section 22. O • • • PADATAINIAIWolvorOgvisiDGACIUIGALar -r y Exhibit B - EAST RENTON INTERCEPTOR Special Assessment District Boundary I ,... ...c..............................jj 141 rw , I)( a (-ram t 11 M�II � ,,i1 I' YIf ^ � 1=_Ju n,..: 4 • .I `ter i. t : Q 1 Al 1 . . [fir] K r r ik ,, _ _ t__:v.il , v-vi r • ..\\ 217/..) II a a \ 41 .&I • ) IM r cep Or ,,,K.: „--i. ..,_ .1:5?/..); ,4., /). _ , v. ...„,,?,...1...v,/,-;;;-: -.- -----/i. ).:( 1•1:,, ,•-' '-':' 77.7. 7. 7.--.-.-7-4 ili \,="7.\-.1,:_•--,.'',•/•-",,,/I'/(../.-2.,7,-;-,-•..'.,.,.././-/-;,/,i f.:..:-42/41.%S 7 i:f r r .1. J t ', 'T, ,!4. �i: v .O1,.1 /i//..;.;..II P.L";ii1 . -_' 0 , . (11//1:., 7.-Aer:( . .// I, i 1 .: --/-/ 7'...z,2..._a.f: '., -_ 4/1//V! 4 / 14./ ' —1 /1 . /17/ .. ..- ...40. <j ,. „,..--p7-, ,-- z -.a ii 4.1 de,/. ‘,. ...x. ../..,,, 1/,/ . a j� a •ter: „ ..'_' t _2- —. , , psi �Z, -' �`r; l .. J *. ,.y I� (c''-‘7>-A .7,, ._.:_././.- J,4-_____,..7 , , 1 ...!:..:_t_e_.__,___, (%„),_„....7.., v..t:;_-_-,,, ,:, , , -/-------. ..„----, ,.._.L._,.., ,\,, ,-." 7:: ,/ ..._. / ;,......„.....___,s, ..,r1 • ` ` ..IL ^ ;. \ `Y'f�� � �\ I _�am , ; /- \` . S `' f: ..a i� 14.\ '..Ri >..► I ti �.-,,.Sa aA l \� \'t n nil i\:.�,. I '�/,!/,;.4 r-_-•.1.� • I 0uv �i �.U.l� i,;y e?....\s1-7,) I . .—...—, 4^ �) i t/i ,,,, ,�:tti st I ,� 1 �� 'f �-72?, z 7. L— r .., ����� `j,\�-n �� 1 .2�r , 0 0 0 j 1 6:7.7) SANITARY SEWERS • PSmning/Bading/PLac Woks Grr Lcni1� tea `s �20 fkMl.naar.n1996 -f,MocOni.,Vian.sici 2 :' Sp.cid Assessmen► Distri f � \/ • • • �I • .' •sc•h rtM, yr;l, „!.• , , •a 1*Z>. •; •' - • • cr �' .'NY r: i X��+. •{.'. 7rfy,..! i�{`1 r�.'M+ys/ 1. 1� •-` .j' • and' byand '! i ••i�•tn t:.•t -^' -'.•T� • I = � � �' r� i•o £&: : D..; iel. ...L J `:.' •`• k• 1}•i • �.,,,,� wifs,. parties of the first per. Vie eta Rio, vo - • 'a municipal: 'cO!' '-••'•:•• County, State of Washing- too, party of.te.secoo&'.part, - That said parties of the first part, for and in consideration of • the sum of .1.00 to them in hand paid by the said party of the second part, and other valuable consideration, receipt whereof is hereby acknow- ledged, do by these presents grant, bargain, sell, convey, and confirm unto the said party of the second part a right-of-way or easement for water Pj a with the necessary appurten- tacos over, thro gh,aaross and upon the following described property situated in • xina caunty , Washington, particularly de- scribed as fo1losrs s That part of Section 10, Township 23 North, Range S East M.M. , described as follows, The Westerly 30 feet of the East Is of the SW% of the SZ4 of the NWk. Less the North 330 feet. • • • ' ,'r* ,/��'��� .In.2� fe:::." aF-•l ' v... .:.I` • -t _ • 2. ...44 �cr•.;I 1 x ••.• ;L - y,Air* • - �. .�.: •'v •��-.�, � M � ` . 1 .• = is}:F. -; ��. t •.t • . 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N ,,(Axisting in tills right-of `f,• , ~` or dent' ell, c,r ti • event thct they are _diet, urbed-or destroyer', they will be rcr1"cc 3 17 :T-.t - ,00d a condition as they were Ssmedittely•bofore the pro^erty '.• 1,;-or, by the party of the second par -e. -- . • 4;2,0 _ • 0 - -Arnirvrox - -r '!F-- Ai'A .'l _, the undereijned, r Ix) lie in tnd for the St:-te =f ,' r -c by certify that on this dam► of XA/ _ . :,�•n�11y Lpp rca before ::.r Z.I-- v _ ___ . —_—/j/ G 4 t 121L A✓ to no known to be t^e ieecr gd•i who executed the foreeoiee instru .nt, ux; kit-;a ..• •• •• ind ser•.l sd tho sow Le their f.s,c and vt' urs" -r ' _ i • i.•",-• I - ta d ad puTpo s•ts therein Cent 1 Ott od, t • . •S t..x.„1 s ` r rt., Ln hd t nd official seta the d:i tnd y ca r L-.:: - 1 • t��.40 a C t • • 0 t- n of tlasbir,;t.cn, residing at/ ' ice, • -*Al" a 'tr.-++'- rat-- ----- --— — j N. 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Some..• •..b M•• M•Cw.r•b�"'le ir.- a •••a..r.• +� -•-• • PM L..il ' r • • " •a•1•SSl••Yt�r.•me MI rS tM•.r••M•1 al wMrtftf M••a yew**rwt•..•le••. •..•�'- --t lir '.,-.� 107tar wstaiser.!w.M�ii•:wi r C.•:wale•/w,f•i sea 7«.am,.•..•...w••.—.i fL.- �j.?' .:: :..` M - z-- .--..••- )-. _f IL y /���•__,�/, •V ; '7S. . .. .- �.� T- • 6. • 4 Mb/• V- ROADWAY MAINTENANCE AND USE AGREEMENT "ei.4�' �I3/. For valuable consideration, the receipt whereof is hereby. acknowledged, the following parties, owners of parcel bf•3ari if adjacent to property beint; used for ingress and egress , residences, do hereby desire to enter into an agreement toe .2.r t the cost of the maintenance of the following described easement t 1 under the terms and conditions of this Agreement: • i $7/04ii7 A0496 B ! �-_ id, F 3.00 • 01 CCISi•is_ • a.4*5.O0 , :-'N 11 O Now, therefore, in ccnsideration of mutunl covenants, agreements and undertakings of theg F g parties, it is hereby_agreed . - __ . - ;a,,;s-. as f011OwSt . O 1. Each of the 4- ` I• t of parties shall be responsible forte$°;of t r, the costs repair and maintance expense to said roadway, `= and that they shall all share in said expenses cooperatively. and that said agreement to share in the maintenance and repair of said roadway shall run with the land and be of benefit to ' and binding upon all subsequent owners or successors `'' 1.:1 interest of the parties hereto. • in - 2. If any party hereto shall default in any of their obligations • h: under this-agreement or fail to make any contribution toward - 1::''` the cost of maintenance called for herein, the injured party I-- • or •parties may cause the easement to .be repaired and charge �,,� '' the d .;tlti.�g party for their share of the cost thereof; and ti. it is agreed that the cost thereof shall be and become a ' r �� a valid lien upon the parted so charged; and if an action is .•� 12..1 �� commenced to enforce the collection of the said contribution ^ }— and/or a foreclosure of the said lien. the defaulting party 0 shall be liable, in addition to all remedies, for all costs and ^easormbl��torney's fees inc ,la ..„.. 7 �/� in the said action. • �,;;,. /. rJ1 . . , „-:::„.„._,, E:.- : �� ;--. r • (..;If _ ,.� -may,:� I 1 �`�� -r STATE CF µASN1NGTnti. ; _ ss Ronald L. Cray Count of Fnmela D. Gray ,ay.w ,: On this day personally appeared before me Ellen A. Bendetto iy,,., } Andre L. Anetil ;!'^ � . to me 1nev.n to he the individual s described in and who eaetated the smt4'a:'-ane fore .7 I instrument.and acinuwled:ed that t.`•ey s nru the same asA Ir ?their j fiesryxty+ Gi�f.'�, .. ait and deed,for the uses and purposes thcretn me•nuoneu. "' GIVEN under my hand and official seal this ,.th daY o April • n.s `/)0,, ,,,... �•�t' I -- r `.v L t!'" , jam . . —}\- W r 9 N•K ....•-..••..�. ...... . .Ya1n Public inand lap IkePala ,JI:sa..kai(•... 5i?�.C.iL as _ � �J J �` 1 OY4w �� `tt tta a *. a� uii0i ii **************************************************************** City of Renton WA Reprinted: 09/28/98 13 : 57 Receipt **************************************************************** Receipt Number: R9805837 Amount: 1, 000 . 00 09/28/98 13 : 57 Payment Method: CHECK Notation: #1053 COAL CREEK Init: LN Project # : LUA98-154 Type: LUA Land Use Actions Parcel No: 102305-9074 Location: 800 BLOCK CHELAN AVE NE Total Fees : 1, 000 . 00 This Payment 1, 000 . 00 Total ALL Pmts : 1, 000 . 00 Balance: . 00 **************************************************************** Account Code Description Amount 000 . 345 . 81 . 00 . 0009 Final Plat 1, 000 . 00