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HomeMy WebLinkAboutLUA99-056CITY OF RENTON MEMORANDUM DATE: May 20, 1999 TO: Karen Codiga FROM: Lesley Nishihira, x7270 SUBJECT: Springbrook Apartments Lot Line Adjustment File No. LUA-99-056, LLA This Lot Line Adjustment has been sent to the County for recording. Once recorded, we will receive a copy of the mylar and the recording number. Please update the status of the project on the tracking list. Thank you. Cc: Yellow file CITY c/F RENTON L i \, Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator May 20, 1999 Cynthia Flood ESM Consulting Engineers 720 South 348tn Street Federal Way,WA 98003 SUBJECT: Springbrook Apartments Lot Line Adjustment File No. LUA-99-056, LLA Dear Ms. Flood: The City of Renton has approved the above referenced lot line adjustment and has forwarded the final mylar to King County for recording. Please note the recording of the lot line adjustment map alone does not transfer ownership of property. If necessary, prepare and record a deed transferring ownership of the portion of land depicted in the lot line adjustment map. We recommend that the legal description for this document be prepared by a surveyor. It is the applicant's responsibility to ensure this document is properly prepared and recorded with the County. If you have any further questions regarding this lot line adjustment, please contact me at (425) 430-7270. et'6‘) Lesley Nishi ira Assistant Planner cc: Spring Brook, LLC, Property Owners Yellow file 1055 South' Grady Way - Renton, Washington 98055 CP7 This naner rnntains 50%recycled material.20%post consumer CITY OF RENTON MEMORANDUM DATE: May 20, 1999 TO:City Clerk's Office tic" FROM: Lesley Nishihira, P/B/PW- Development/Planning, x7270'' SUBJECT: Springbrook Apartments Lot Line Adjustment; File No. LUA-99-056, LLA Attached please find the above-referenced original mylar and three copies of the mylar for recording with King County. Please have Consolidated Delivery & Logistics, Inc. take these documents via: 2-hour service ($20.55)-1:00 PM deadline to City Clerk 3-hour service ($16.55)-12:00 PM deadline to City Clerk X 4-hour service ($12.45)-10:00 AM deadline to City Clerk Attached is a check for the amount of$12.45 for the fee to CD&L. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000/007.590.0060.49.000014. Please call me at x7270 if you have any questions. Thank you. cc: Yellow file Property Management Jan Conklin Cynthia Flood, ESM Consulting Engineers DOCUMENTS FOR RECORDING KING COUNTY RECORDS &ELECTIONS DMSION TO: CITY CLERK'S OFFICE DATE: S/31:V e FROM:lGj l'i.,t,.L am, D SF'\l K L7 ne, ryi•irn.ndexternion BILLING ACCOUNT NUMBER: a+0 f 001 . t D • CO 1r0.4 1. 00C,6 (1- x)odxa000cx.xxx.xmoc.mooc.xx.xxxxx c): IS REAL ESTATE EXCISE TAX FORM REQUIRED? No d Yes (Attach form) Account will be charged S2.00 filing fee) INDEXING NOTES: ST'Rl upc- (u.A 4 '(9 o,), I l'CiIF 10/12t.q7-i 14) , R-sr L i'. C. SPECIAL RECORDING INSTRUCTIONS: iN/Jk DATE ACQUIRED:GRANTOR: PURPOSE: Re viz iOn ©-( rit141 fA4y -OVLUNt )- G.Aj . P f'G(S to 1-v POG)'`'- C-eA(-vv(._9 O nA, AT+• L A.t.d_ ' COMMON DESCRIPTION: Lod l Q, DICi j v arytLAn. ADDRESS:6! R`) S 9- oS-gttc P.I.D. 3« S- Ito S-T-R 1 "g3tJ - Cjr CROSS STREETS: 5 . cjSA-`^ Si-. CURRENT USE: Ge,(AfGj fit-l vaLLll1/I.'I' UndimA MANAGING DEPARTMENT: DEPT.FILE#. RECORDING# Rev Date 7/97 TS/REC_DOC.DOT/bh CIT' )F RENTON u. , ` Planning/Building/Public Works Department J eTanner,Mayor Gregg Zimmerman P.E.,Administrator May 13, 1999 Cynthia Flood ESM Consulting Engineers 720 South 348t Street Federal Way,WA 98003 SUBJECT: Springbrook Apartments Lot Line Adjustment File No. LUA-99-056, LLA Dear Ms. Flood: This letter is in response to your questions regarding the City's requirements for corner markers for the lot line adjustment referenced above. Pursuant to RMC section 4-7-210B under the City's Subdivision Regulations, lot corners must be marked and referenced on the lot line adjustment drawing. This requirement is further specified in the City of Renton Surveying Standards, which are also attached. I hope that your concerns have been addressed. Please contact me at (425) 430-7270 if you have any further questions. Sincerely, s Z,L 7; Lesley Nishihira Assistant Planner 1055 South Grady Way- Renton, Washington 98055 ca 4-7-220C shall be laid to each lot line by subdivider as to ob- attention paid to the potential for drainage, ero- viate the necessity for disturbing the street area, sion, and slope stability problems than other sub- including sidewalks, or alley improvements when divisions. such service connections are extended to serve any building. The cost of trenching, conduit, ped- B. PROCEDURE: estals and/or vaults and laterals as well as ease- Any short plat or subdivision meeting the defini- ments therefore required to bring service to the tion of a"hillside subdivision"shall follow the pro- development shall be borne by the developer cedures established for subdivisions. Hillside • and/or land owner. The subdivider shall be re- subdivisions, including short plats, shall require • sponsible only for conduit to serve his develop- the review and approval of the Hearing Examiner. ment. Conduit ends shall be elbowed to final ground elevation and capped.The cable TV corn- C. STANDARDS: pany shall provide maps and specifications to the The following additional standards shall apply to subdivider and shall inspect the conduit and cer- hillside subdivisions: tify to the City that it is properly installed. 1. Application Information: Information F. LATECOMER'S AGREEMENTS: concerning the soils, geology, drainage pat- Where a development is required to construct util- terns, and vegetation shall be presented in ity improvements that may also be required by order to evaluate the drainage, erosion con- other developments or by future development of trol and slope stability for site development of other parcels in the vicinity, then the developer the proposed plat. The applicant must dem- may request establishment of a latecomer's onstrate that the development of the hillside agreement to reimburse the developer for all ini-subdivision will not result in soil erosion and tial costs of the improvements. The procedure to sedimentation, landslide, slippage, excess follow in making application for the latecomer's surface water runoff, increased costs of build- agreement and the steps to be followed by the ing and maintaining roads and public facilities City are as detailed in chapter 9-5 RMC. and increased need for emergency relief and rescue operations. 4-7-210 OTHER IMPROVEMENTS - 2. Grading: Detailed plans for any pro- GENERAL REQUIREMENTS AND posed cut and fill operations shall be submit- MINIMUM STANDARDS: ted. These plans shall include the angle of slope, contours, compaction, and retaining A. MONUMENTS: walls. Concrete permanent control monuments shall be established at each and every controlling corner 3. Streets: of the subdivision. Interior monuments shall be lo- cated as determined by the Department. All sur- a. Streets may only have a grade ex- veys shall be per the City of Renton surveying ceeding fifteen percent(15%)if approved standards. by the Department and the Fire Depart- ment. B. SURVEY: All other lot corners shall be marked per the City b. Street widths may be less than those surveying standards. required in the street standards for streets with grades steeper than fifteen C. STREET SIGNS: percent (15%) if parking prohibition on The subdivider shall install all street name signs one or both sides of the street is ap necessary in the subdivision. proved by the Administrator. 4. Lots: Lots may be required to be larger 4-7-220 HILLSIDE SUBDIVISIONS: than minimum lot sizes required by the Zon- ing Code. Generally, lots in steeper areas of A. PURPOSE:the subdivision should be larger than those in Because of their steeper slopes, the sites of hill less steep areas of the subdivision. side subdivisions ordinarily should have greater 7 - 15 ram. determined either by 1) spirit leveling with impractical or in danger of being destroyed, e.g., misclosure not to exceed 0.1 feet or Federal the front corners of lots, a witness marker shall Geodetic Control Committee third order be set. In most cases, this will be the extension elevation accuracy specifications, OR 2) of the lot line to a tack in lead in the curb. The trigonometric leveling with elevation differences relationship between the witness monuments determined in at least two directions for each and their respective corners shall be shown or point and with misclosure of the circuit not to described on the face of the plat or survey of exceed 0.1 feet. record, e.g., "Tacks in lead on the extension of the lot side lines have been set in the curbs on 1-11.1(10) Station--Offset Topography the extension of said line with the curb." In all RC) other cases the corner shall meet the Elevations of the baseline and topographic requirements of section 1-11.2(1)herein. points shall be determined by spirit leveling and All non corner monuments, as defined in 1- shall satisfy Federal Geodetic Control 11.1(5), shall meet the requirements of section Committee specifications as to the turn points 1-11.2(2) herein. If the monument falls with in and shall not exceed 0.1 foot's error as to side a paved portion of a right of way or other area, shots• the monument shall be set below the ground 1-11.1(11) As-Built Survey(RC) surface and contained within a lidded case kept All improvements required to be "as-built" (post separate from the monument and flush with the construction survey) per City of Renton Codes, pavement surface,per section 1-11.2(3). TITLE 4 Building Regulations and TITLE 9 In the case of right of way centerline Public Ways and Property, must be located both monuments all points of curvature (PC), points horizontally and vertically by a Radial survey or of tangency (PT), street intersections, center by a Station offset survey. The"as-built" survey points of cul de sacs shall be set. If the point of must be based on the same base line or control intersection, PI, for the tangents of a curve fall survey used for the construction staking survey within the paved portion of the right of way, a for the improvements being "as-built". The"as- monument can be set at the PI instead of the PC built" survey for all subsurface improvements and PT of the curve. should occur prior to backfilling. Close For all non corner monuments set while under cooperation between the installing contractor contract to the City of Renton or as part of a and the "as-builting" surveyor is therefore City of Renton approved subdivision of property, required. a City of Renton Monument Card (furnished by All "as-built" surveys shall satisfy the the city) identifying the monument; point of requirements of section 1-11.1(1) herein and intersection (P]), point of tangency (PT), point shall be based upon control or base line surveys of curvature (PC), one-sixteenth corner, Plat made in conformance with all of section 1-11.1 monument, street intersection, etc., complete and 1-11.3(1)herein. with a description of the monument, a minimum The field notes for "as-built" shall meet the of two reference points and NAD 83/91 requirements of section 1-11.1(4) herein and coordinates and NAVD 88 elevation shall be submitted with stamped and signed "as-built" filled out and filed with the city. drawings which includes a statement certifying the accuracy of the"as built". 1-11.2 Materials The drawing and electronic listing requirements set forth in section 1-11.1(6) herein shall be 1-11.2(1) Property/Lot Corners(RC) observed for all"as-built" surveys. Corners per 1-11.1(5) shall be marked in a permanent manner such as 1/2 inch diameter 1-11.1(12) Monument Setting and rebar 24 inches in length,durable metal plugs or Referencing(RC) caps, tack in lead, etc. and permanently marked All property or lot-corners, as defined in 1- or tagged with the surveyor's identification 11.1(5), established or reestablished on a plat or number. The specific nature of the marker used can be determined by the surveyor at the time ofotherrecordedsurveyshallbereferencedbya Qermanent marker at the corner point per 1- installation. 11.2(1). In situations where such markers are TS SERVER//SYS2\MAPS\83m\control\scn.doc 1-11-5 16 January, 1997 CITY JF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator May 5, 1999 Cynthia Flood ESM Consulting Engineers 720 South 348t Street Federal Way,WA 98003 SUBJECT: Springbrook Apartments Lot Line Adjustment File No. LUA-99-056, LLA Dear Ms. Flood: The City has finished reviewing your proposed lot line adjustment and is now ready to approve and send the final version for recording. Please submit the original signed mylar and a check for 12.45 made out to CD&L to me at the sixth floor counter of City Hall. Please verify that the mylar has been signed by all owners of record and that the mylar has been notarized with an ink stamp(not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. If you have further questions regarding this project, please call me at (425)430-7270. Sincerely, r ' ") /215R ) Lesley Nishihira Assistant Planner cc: Spring Brook, LLC; Property Owners 1055 South Grady Way -Renton, Washington 98055 il Thio Henn.rnnonc./lo%rnr..rloll...n.l 7no%..r.r rnnr ...c. CITY OF RENTON MEMORANDUM DATE: May 4, 1999 TO: Sonja Fesser, Property Services FROM: Lesley Nishihira, Development/Planning, x7270 SUBJECT: Springbrook Lot Line Adjustment, File #LUA-99-056, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording (re)recording, please let me know. Thank you. Property Services approval:4cr` Name ate Robert T. Mac Onie, Jr. LaUlt1&) t'o'. L' 3/,4/qcj cc: Yellow File C/ CITY OF RENTON MEMORANDUM DATE: May 4, 1999 TO: Neil Watts, Plan Review FROM: Lesley Nishihira, Development/Planning, x7270 SUBJECT: Springbrook Lot Line Adjustment, File #LUA-99-056, LLA Attached is the most recent version of the above-referenced lot line adjustment. If required improvements have been installed and/or deferred and any other Plan Review concerns have been addressed and you are able to recommend recording of this lot line adjustment, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank you. Plan Review approval: f/ 'l 5/h 9 Name Date cc: Yellow File CITY iF RENTON Planning/Building/Public Works Department tsse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 21, 1999 Cynthia Flood ESM Consulting Engineers 720 South 348t Street Federal Way, WA 98003 SUBJECT: Springbrook Apartments Lot Line Adjustment File No. LUA-99-056, LLA Dear Ms. Flood: The City of Renton has reviewed your proposed lot line adjustment. Please make the following changes so that we may approve your proposal: 1. Note the City of Renton land use action number(LUA-99-056-LLA) and the city's land record number(LND-30-0190) on the drawing. The type size for the land record number should be smaller than that used for the land use action number. 2. Within the "RECORDING CERTIFICATE" block replace "Snoqualmie"with Renton. 3. Change the year(1998) where noted in the Recording Certificate block. 4. Both sheets are currently labeled as Sheet 1 of 2. Please correct the appropriate sheet. 5. Note that if there are restrictive covenants, agreements or easements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the lot line adjustment. The lot line adjustment drawing and the associated document(s) are to be given to the Project Manager as a package. The lot line adjustment shall have the first recording number. The recording number(s)for the associated document(s) will be referenced on the lot line adjustment in the appropriate locations. 6. Note that the property to the north of the subject property is unplatted. 7. Addressing for Parcel A will be made available as soon as determined. One single address for Parcel B may not be possible. The address or addresses will need to be noted on the drawing. 8. At this time, the geometry has not been checked because the appropriate staff person is out of the office. The geometry will be checked next week when he returns. Once the above changes have been made, please submit two copies of the revised lot line adjustment to me for review. If you have any questions regarding your application or the changes requested above, please contact me at(425) 430-7270. Sincerely, i/A 471 Lesley Nishihifa Assistant Planner cc: Springbrook, LLC, Property Owners 1055 South Grady Way- Renton, Washington 98055 Q This paper contains 50%recycled material,20%post consumer DEVELOPMENT PLANNING CrlYOF RENTON APR 2 0 1999 CITY OF RENTON RECEIVED PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 19, 1999 TO: Lesley Nishihira FROM: Sonja J. Fesser SUBJECT: Springbrook Lot Line Adjustment,LUA-99-056-LLA Format and Legal Description Review I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number(LUA-99-056-LLA) and the city's land record number (LND-30-0190)on the drawing. The type size for the land record number should be smaller than that used for the land use action number.. Within the"RECORDING CERTIFICATE"block replace"Snoqualmie" with Renton. Change the year (1998) where noted on Sheet 1 of 2(?). Note that if there are restrictive covenants, agreements or easements to others (City of Renton, etc.) as part of this subdivision,they can be recorded concurrently with the lot line adjustment. The lot line adjustment drawing and the associated document(s) are to be given to the Project Manager as a package. The lot line adjustment shall have the first recording number. The recording number(s)for the associated document(s) will be referenced on the lot line adjustment in the appropriate locations. Note that the property to the north of the subject property is unplatted. Both drawing sheets are currently numbered as "1 of 2." Addressing for Parcel A will be made available as soon as determined. One single address for Parcel B may not be possible. The addresse(s) will need to be noted on the drawing. The geometry will be checked next week when Bob returns from vacation. Fee Review Comments: Lots within or affected by the lot line adjustment are subject to the city's special charges,if applicable. TS_SERVVR\SYS2\COMMON\H:\F1LE.SYS\LND\30\0190\RV990409.DOC City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: r 11 tl , COMMENTS DUE: APRIL 19, 1999 APPLICATION NO: LUA-99-056,LLA DATE CIRCULATED: APRIL 6, 1999 rt, APPLICANT: ESM Consulting Engineers PROJECT MANAGER: Lesley Nishihira Op PROJECT TITLE: Springbrook Lot Line Adjustment WORK ORDER NO: 78519 ti_, Q LOCATION: NW corner of Talbot Road & South 55th Street 6 SITE AREA: 47.09 acres I BUILDING AREA(gross): 175,042 sq.ft. SUMMARY OF PROPOSAL: The applicant is proposing the adjustment of the dividing property line between two adjacent parcels under the same ownership. The purpose of the adjustment is to fit topographic features and a proposed trail along the newly constructed apartment project located on Talbot Road. 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/Shorsline Use Utilities Animals Transportation Environnh ntal Health Public Services Energy/Historic/Cultural Natural Rc•sources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL'CY-RELATED COMMENTS ti to). ectiot, 1c pvoPc,4ea ILA , C. CODE-RELATED COMMENTS I/v c oc I/e laded ecu vfwtt i -{v? taw; LL4 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 additia:ral information is needed to property assess this proposal. 11,et_,{ (ipc-,tI I4// 7 Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIE'NING DEPARTMENT: -Fkkre f'e je COMMENTS DUE: APRIL 19, 1999 APPLICATION NO: LUA-99-056,LLA DATE CIRCULATED: APRIL 6, 1999 r)EN APPLICANT: ESM Consulting Engineers PROJECT MANAGER: Lesley Nishihira 11 PROJECT TITLE: Springbrook Lot Line Adjustment WORK ORDER NO: 78519 APR 0 F 1999 LOCATION: NW corner of Talbot Road & South 55th Street SITE AREA: 47.09 acres BUILDING AREA(gross): 175,042 sq.ft.kfP-y 1 SUMMI RY OF PROPOSAL: The applicant is proposing the adjustment of the dividing property line between two adjacent parcels under the same ownership. The purpose of the adjustment is to fit topographic features and a proposed trail along the newly constructed apartment project located on Talbot Road. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element f the Probable Probable More Element of the Probable Probable More Environrent Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water LightGlare Plants Recreation Land/Sho eline Use I Utilities Animals Transportation Environrm ntal Health Public Services Energy/Historic/Cultural Natural Rr sources Preservation Airport Environment 10,000 Feet 14,000 Feet a & Q 5 B. POL'CY-RELATED COMMENTS C. CODi.=-RELATED COMMENTS We have reviewed t 's application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional inf rmation is neede t properly assess this proposal. V/6/ Signature of D.ector or Authorized pres ative Date DEVAPP.DOC / Rev.10/93 CITY ( RENTON IL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 6, 1999 Ms. Cynthia Flood ESM Consulting Engineers 720 South 348th Street Federal Way, WA 98003 SUBJECT: Springbrook Lot Line Adjustment Project nO. LUA-99-056,LLA Dear Ms. Flood: The Development Planning Section of the City of Renton has formally accepted the above referenced application for preliminary review. Following our review, you will be notified: (1) that additional information and/or corrections are required to continue processing your application; or (2) that the lot line adjustment appears ready for approval and the mylar is being requested. Please contact me, at (425) 430-7270, if you have any questions. Sincerely, 4/ ) Lesley Nishihira Project Manager cc: Spring Brook, LLC/Owners ACCPTLTR.DOC 1055 South Grady Way - Renton, Washington 98055 lrinimgi...n.m.sunm... S.Emim..m....mnunmmiam...m.n..m.SMIIMIMMMMIMIIIIMIMMIMIM CITY OF RENTON DEVELOPMENT SERVICES DIVISION MASTER APPLICATION OWNERS)PROJECT INFORMATION (cont.) Note: If there is more than one(egat owner, please attach an additional notarized Mastet Application for each owner. EXISTING LAND USE(S): NAME: Undeveloped Apartment complex Spring Brook, LLC ADDRESS:PROPOSED LAND USES: 2821 Northrup Way, Suite 250 Same as above. CITY: ZIP: Bellevue, WA 98004-1439 EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RPN TELEPHONE NUMBER: 1-425-739-3878 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION: CONTACT PERSON/APPLICANT RPN NAME: EXISTING ZONING: R. Scott MacIntosh, ESM Conslulting Engineers R14 ADDRESS: 720 South 348th St. PROPOSED ZONING: CITY: ZIP:R14 DIi Federal Way, WA 98003QFN7-pL.gNSITEAREA (SQ. FT. OR ACRE RENTANN/Nc TELEPHONE NUMBER: 47.09 Acres APR O253-838-6113 1 1999 PROJEC"k"INFORM PROJECT VALUE:ATION V .D PROJECT OR DEVELOPMENT NAME: Spring Brook Apartments L L 1 IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? PROPERTY/PROJECT ADDRESS(S)/LOCATION: No Northwest Corner of Talbot Road and South 55th Street IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): Wet at west end of project. 312305-9115-04 312305-9023-05 LEGAL DESCR IION. OF PRCPERTY (Attach sep esheet if necessary) PARCEL A THAT PORTION F THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31 , TOWNSHIP 23 NORTH, RANGE EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EAST OF THE EASTERLY MARL N OF PRIMARY STATE HIGHWAY PARCEL B THE SOUTHWES QUARTER OF THE SOUTHEAST OF SECTION 31 , TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE M RIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING WITHIN THE RIGHTS OF WAY FOR 9 TH AVENUE SOUTH (TALBOT ROAD SOUTH) AND SOUTH 192 STREET (SOUTH 55TH STREET) I TYPE:OF APPLICATION & FEES A Check all application types: that.app[y--City staff wiU determine fees: ANNEXATION SUBDIVISION: COMP. PLAN AMENDMENT REZONE y LOT LINE ADJUSTMENT 450.00 SPECIAL PERMIT SHORT PLAT TEMPORARY PERMIT TENTATIVE PLAT CONDITIONAL USE PERMIT PRELIMINARY PLAT SITE PLAN APPROVAL FINAL PLAT GRADE & FILL PERMIT NO. CU. YDS: PLANNED UNIT DEVELOPMENT: VARIANCE FROM SEiCTION: PRELIMINARY WAIVER FINAL WETLAND PERMIT ROUTINE VEGETATION MOBILE HOME PARKS: MANAGEMENT PERMIT BINDING SITE PLAN SHORELINE REVIEWS: SUBSTANTIAL DEVELOPMENT $ CONDITIONAL USE VARIANCE EXEMPTION No Charge ENVIRONMENTAL REVIEW REVISION AFFIDAVIT OF OWNERSHIP. I, (Print Nam4(KielT ,9 i)&T_Ta., declare that I am (please check one)_the owner of the property involved in this application,X the authorized representative to act for the property owner (please attach proof of authorization), and that the foregoing statement?.btdlihsw,ers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and beijot l a 'III. c7 J i /t SPAN ••A Le-c_ 4 I ATTEST: Subscribed and sworn to before, a: t fAi j)I F. II P. for the State of w A residing at i =a C,Name of Owner/Representati e) l)Ke-4xvo , on the z cif BAiAce#- isj f .., S Signature of OJvner/Representative) X I F'' IVAStitSc". _ Sig ture of Notary Public) This. section to be completed by City Staff.) City File Number. ECF _ SA R SHPL;: CU :LLA PP ...FP TP SP RVMP ..V AAD 'W FPUD SM SME MHP BSP A CPA 1}1OTAL FEES: $ TOTAL POSTAGE PROVIDED: $ REVISED 2/95 ' 4-99 aoe 1 SPRINGBR(: OK BOUNDARY LINE ADJUSTMENT 790-01-980 * P:\\767\01\GC.PRJ * COORDINATE FILE : GC.CRD 3 Das: 1 :7:6: :#2O25: :NW88.2646: 1286.83:NW88.36:416.O7:-80.2906: 1312.36:SE88' 817: MAP CHECK #1 - INPUT COURSES O\/:RZ\LL WuN[AR\/ FROM BEARING/ANGLE DISTANCE TO NORTH EAST ELE 160017.6567 1298934.0479 NW 88 26 '46.0" 1286.830 160052.5519 1297647.6911 NW 88 36 '00.0° 416.070 160062.7174 1297231 .7453 NE 10 54 ' 54.0" 1312.360 161351 .357 129748O.2440 SE 88-48 ' 17.0" 183.96() 161347.4983 1297664. 1640 SE 88 43 ' 54.O" 1275. 140 161319.2734 1298938.9916 SW 00 13 '06.Oil 1301 .630 160017.6,529 1298934.O316 CLOSURE: NE 76 52 '37. 5" O17 160017.6567 1298934.O479 ERROR: 0038 O163 1 PART IN 345101 PERIMETER AREA (su ft) AREA (acres 5776.0067 2051272.20 47.0' 13 Das: 1 :7:6: :#992: :NE10. 5454: 1312.36:SE88.4817: 183.96:SE88.4354:634.17:SE16.. 22O3:243.08: MAP CHECK #1 - INPUT COURSES NEW LOT yA« FROM BEARING/ANGLE DISTANCE TO NORTH EAST ELE' 160062.7270 1297231 .7531 NE 10 54 '54.0" 1312.36O 161351 .3453 1297480.2518 SE 88 48 ' 17.O" 183.960 161347. 5O79 1297664. 1718 SE 8 43 ' 54.0" 634. 170 161333.47O7 1298298. 1864 SE 16 22 'O3.0" 243.08O 161100.2418 1298366.6857 SE '59 36 '28.0" 94.240 161O52. 5642 1298447.9755 SE t8 23 '44.0" 76. 570 160979.9O69 1298472. 1391 SW 21 41 '47.O" 180.930 16O811 .7947 12984O5.2514 SE 13 09 '02.0" 354. 13O 16O466.9515 1298485.8197 NE 85 33 '32.0" 161 .680 160479.4711 1298647.0142 SE 09 29 '29.0" 157.75O 160323.8806 1298673.0271 SE 3 46 '52.0" iO1 .87O 16O238.2339 1298728. 1827 SW O1 20'49.0" 51 .470 16O186.7781 1 729826.9728 SW 3J 11 ' 58.O" 81 .760 160118.3638 1298682.2047 SE 09 14 ' 19.O" 95. 53O 16OO24.0730 1298697. 5417 NW 8 26 '46.0" 23.27O 160024.7040 1298674.28O3 NW 80 26 '46.0" 1026.980 160052. 5528 1297647.678O NW 88 36 'OO.O" 416.O7O 16OO62.7183 1297231 .7322 CLOSURE: NE 67 23 '58.6" O23 160062.7270 1297231 .7531 ERRC)R: 0087 0209 1 PART IN 229512 PERIMETER AREA (s T 5195.8426 149281 34.27 3-24-99 Paoe SPRINGBROOK BOUNDARY LINE ADJUSTMENT 790-01-980 * P:\\767\01\GC.PRJ * COORDINATE FILE : GC.CRD 17 Das: 1 :7:6: :#2O25: :NW88.2646:236. 58:NW9. 1419:95. 53:NE33. 1158:81 .76:NE1 .2O" 51 .47: MAP CHECK #1 - INPUT COURSES NEW LOT- 151 FROM BEARING/ANGLE DISTANCE 00 NORTH EAST ELE 160017.6567 1298934.0479 NW 88 26 '46.0" 236. 580 160024.0721 1298697.5549 NW 09 14 '19.0" 95. 530 160118.3629 1298682.2179 NE 33 11 ^58.0" 81 .760 160186.7772 1298726.9860 HE 01 20 '49.0" 51 .470 160238.2330 1298728. 1959 NW 32 46'52.0" 101.870 _ 160323.8797 1298673.0403 NW 09 79 '29.0" 157.750 160479.4702 1298647.0274 SW 85 33 '32.0" 161 .680 160466.9506 1298485.8329 NW 13 09 '02.0" 354. 130 160811 .7938 1298405.2646 NE 21 41 '47.0" 180.930 160979.9060 1298472. 1523 NW 18 23 '44.0" 76. 570 161052. 5633 1298447.9887 NW 59 36 '28.0" 94.240 161100.2409 1298366.6989 NW 16 22 '03.0" 243.080 161333.4698 1298298. 1996 BE 88 43 '54.0" 640.970 161319.2821 1298939.0126 SW OO 13'06.0" 1301 .630 160017.6616 1298934.0526 CLOSURE: SW 43 48 '23.4" 007 160017.6567 1298934.0479 ERROR:0049 0047 1 PART IN 556459 PERIMETER AREA (so ft) AREA (acres) 3778. 1969 558472.68 12.82 21 Das: 1 :7:6: :#2024: :SE88.4354: 19.98:+18O:25. 56:SE1O.42O6: 162.74:SE34.2849:25 93: MAP CHECK #1 - INPUT COURSES LV E06F- TK,4UL E.5M7- T0 LOT- L/ kjE FROM BEARING/ANGLE DISTANCE TO NORTH EAST ELEV 161333.4649 1298298. 1927 BE Sp 43 ' 54.0" 19.980 161333.0226 1298318. 1678 SE 88 43 ^54.0" 25. 560 161332.4568 1298343.7215 BE 10 42 '06.0" 162.740 161172. 5473 1298373.9415 SE 34 28'49.0" 25.930 161151 . 1727 1298388.6211 BE 55 30 '28.0" 75.620 161108.3495 1298450.9473 BE 36 53 '49.0" 27. 550 161086.3173 1298467.4877 BE 18 17 ' 10.0" 107.640 160984. 1130 1298501 .2611 BE 04 02 ' 10.0" 32.660 160951 . 5340 1298503. 5599 SW 10 12 ' 50.0" 30. 580 160921 .4386 1298498.1374 SW 24 27 ' 50.0" 32.660 160891 .7107 1298484.6123 SW 38 42. 50.0" 47.43O 160854.7021 1298454.9481 SW 13 03'25.0" 35.860 160819.7692 1298446.8466 BE 13 22 '22.0" 252.670 160573.9501 1298505.2856 BE 38 47' 10.0" 34.030 W0547,1241 1299526.600'' BE 70 43 '28.0" 178.650 160494.3709 1298697. 1932 SE 3Q 07 ' 12.0" 45.9% 160458.2054 1298725. 5710 SE 03 30 ' 57.0" 149. 53o 160300.9568 1298734. 7408 3-24-99 SPRINGBROOK BOUNDARY LINE ADJUSTMENT 790-01-980 * P:\\767\01\GC.PRJ * COORDINATE FILE : GC.CRD SE 21 04 '01 .0" 67.790 160245.6978 1298759. 1085 BE OO 00 '00.0" 65.370 160180.3278 1298759. 1085 SW 28 35 ' 52.0" 88. 180 160102.9056 1298716.9005 BE 04 09 '23.0" 79.720 160023.3953 1298722.6785 NW 88 26 '46.0" 25. 120 160024,0765 1298697.5677 NW 09 14 ' 19.0" 95. 530 160118.3673 1298682.2307 NE 33 11 ' 58.0" 81 .760 160186.7816 1298726.9988 NE 01 20 '49.0" 51 .470 160238.2374 1298728.2087 NW 32 46 '52.0" 101 .870 160323.8841 1298673.0531 NW 09 29 '29.0" 157.750 160479.4746 1298647.0402 SW 85 33 '32.0, 161 .680 160466.9550 1298485.8457 NW 13 09 '02.0" 354. 130 160811 .7982 1298405.2774 NE 21 41 '47.0" 180.930 160979.9104 1298472. 1651 NW 18 23 '44.0" 76. 570 161052. 5677 1298448.0015 NW 59 36 '28.0" 94.240 161100.2453 1298366.7117 NW 16 22 '03.0" 243.080 161333.4742 1298298.2124 CLOSURE: SW 64 43 '44.0" 022 161333.4649 1298298. 1927 ERROR: 0O93 0197 1 PART IN 147361 PERIMETER AREA (so ft} AREA (acres 321O.2718 67175.08 1 .5'1 SM CONSULTING ENGINEERS LL C SPRINGBROOK APARTMENTS LOT LINE ADJUSTMENT PROJECT NARRATIVE ESM Job No. 790-01-980-004 March 24, 1999 RE: Springbrook Apartment Complex Lot Line Adjustment The boundary lines are being adjusted to fit topographic features and a proposed trail along the newly constructed apartment project along Talbot Road. The remaining undeveloped property shall be within Parcel A. PARKING,LOT COVERAGE,LANDSCAPE ANALYSIS Total square footage of site: 2,051,272 s.f. Total square footage of existing areas impervious surfacing: 306,493 s.f. Total square footage of existing naturallundeveloped area 1,518,000 s.f. Square footage of each building-see"Total Building Areas" sheet. Total square footage of the footprints of all buildings-see"Total Building Areas" sheet. Percent of lot covered by buildings or structures-22%of Lot B. Total pavement square footage- 112,529 s.f. Square footage of any on-site wetlands- 1,584,231 s.f. Parking Analysis-see sheet entitled"Statistics" Square footage for landscaping-see sheet entitled"Statistics" Allowable height-see sheet entitled"Statistics" Building setbacks-see sheet entitled"Statistics" Dl'OF RENTONLANNING APR 01 1999 RECEIVED 720 South 348th Street Tel(253) 838 6113 Tacoma 1253) 927 0619 Civil Engineering Land Planning Federal Way, WA 98003 Fax (253) 838 7104 Seattle (206) 623 5911 Project Management Public Works www.esmcivil.com Bremerton 1360)792 3375 Land Surveying Stedstica OWNER : BUCHAN PROPERTIES L.L.C. 2821 NORTHUP WAY BELLEVUE,WA 98004 425)602-3818 SITE ADDRESS / LOCATION : NORTHWEST CORNER OF TALBOT ROAD 4, S. 55th. STREET PARCEL K5) : 312 305-9023 LEGAL DESCRIPTION : PARCEL A : THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECT!: 31, TOWNS4.11P 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EAST OF THE EASTERLY MARGIN OF PRIMARY STATE HIGHWAY x' -, NUMBER 5. PARCEL B : THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOLLNSI.IIP 23 NORTH, RANGE 5 EAST, WILLIAMETTE MERIDIAN, IN KING COUNTY,WASHINGTCNt EXCEPT THAT PORTION LYING WITHIN THE RIGHTS OF WAY FOR 96TH AvENUE SOUTH AND SOUTH 192ND STREET. SITE AREA 2,051,556 (41 acres) TOTAL SITE AREA DEVELOPMENT AREAS A : 446,836 B : 90,353 C : 32,116 TOTAL DE/ELOPMENT AREA : 569365 (13 acres) OCCUPANCY TYPE R-I(REC. BLDG • B) R-3 • BLDG. 1 4 11 CONSTRICTION TYPE TYPE V-N ZONING R14 SEISMIC ZONE 3 FLOOR LOAD 40 PSF SNOW LOAD 25 PSF WIND LOAD 80 MP!-a / EXPOSURE B LOT CO'/ERAGE , 316,629 (121 ecru) PARKING ANALYSIS REQUIRED : 1-1/2 / UNIT • 1 PER EvERY 4 DWELLING PROVIDED : 160 (1.5) • (160/4) • 280 STALLS GUEST TOWNHOME 36 A UNITS (2 GARAGE STALLS) 12 STALLS 44 8 UNITS (1 GARAGE STALL) 44 STALLS GUEST STALLS (INCLUDING 15 AT REC. BUILDING) COMPACT STALLS 12 STALLS STANDARD STALLS 23 STALLS 151 STALLS FLATS : GARAGE STALLS 12 COMPACT STALLS 43 STANDARD STALLS 85 TOTAL STALLS PROVIDED FOR FLATS 140 STALLS PARKING LOT LANDSCAPING : 4,181 SQ. FT. s FLAT" AREAS TOTAL LANDSCAPE AREA : 134,556 SQ. FT. ALLOWABLE BUILDING HEIGHT : MAIN BUILDINGS : 30' AVERAGE HEIGHT ACCESSORY BUILDINGS : 15' AvERAGE HEIGy-+T BUILDING SETBACKS : 15' ALONG ALL PRCPERT' LINES S OWNER •: BUCI.IAN PROPERTIES L.L.C. 2821 NORTHUP WAY BELLEVUE,WA 98004 425)602-3818 Ae SITE ADDRESS /LOCATION:— NORTHWEST CORNER OF 1AL94T ROAD I-3.35tht STREET -- - -."" .- 4. t.• - PARCEL. IS) : 312305-9023 LEGAL DESCRIPTION : L.si.,:_ PARCEL A.: THAT PORTION OF THE SOUTHEAST QUARTER-QF THE SOUTHWEST QUARTER OF SECT''JN 31, TOWNSHIP-23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING.COUNTY; WA814INGTO .LYING EAST CC`THE EASTERLY MARGIN OF PRIMARY STATE HIGHWAY NUMBER 5. r° PARCEL B : THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER cc SECTION 31,TOILNSI IIP 2: NORTH, RANGE 5 EAST,WILLIAMETTE MERIDIAN. IN KING COUNTY,WASWINGTON! EXCEPT THAT PORTION LYING WITI.IIN THE RIGHTS OF WAY FOR 96T4 AVENUE SOLT-+ AND SOUTH 192ND STREET. SITE AREA :2.051,556 (41 acres) TOTAL SITE AREA Y DEVELOPMENT AREAS : 1" 4.-' A : 446,836 B : 90,353 C : 32,116 TOTAL DEVELOPMENT AREA : 569365 (13 acres) OCCUPANCY TYPE R-I(REC. BLDG • B) R-3 • BLDG. 1 1 11 CONSTR.CTICN TYPE TYPE V-N ZONING R14 SEISMIC ZONE 3 FLOOR LOAD 40 PSF SNOW LOAD 25 PSF WINO LOAD 50 MPI-+ / EXXPOSURE E LOT COVERAGE : 316,629 (121 acres) PRICING ANALYSIS : REQUIRED : 1-1/2 / UNIT . 1 PER EVERY 4 DWELLING g PROVIDED : 160 (I5) • (160/4) . 250 STALLS GUEST TOWNHOME 36 A UNITS (2 GARAGE STALLS) 12 STALLS 44 B UNITS (1 GARAGE STALL) 44 STALLS GUEST STALLS (INCLUDING 15 AT REC. BUILDING) COMPACT STALLS 12 STALLS STANDARD STALLS 23 STALLS y-151 STALLS FLATS : GARAGE STALLS 12 COMPACT STALLS 43 STANDARD STALLS 85 TOTAL STALLS PROVIDED FOR FLATS 140 STALLS PARKING LOT LANDSCAPING : 4,181 SQ. FT. • ' FLAT" AREAS TOTAL LANDSCAPE AREA : 134,556 SQ.FT. ALLOWABLE BUILDING +-IEIGNT : MAIN BUILDINGS : 30' AVERAGE 1-IEIGp4T ACCESSORY BUILDINGS : 15' AVERAGE +-IEIG,4T BUILDING SETBACKS : 15' ALONG ALL PRCPERT`r LINES St t BUILDI JGrU4IT TYPES USED BUILDI •SCIFt.PER LEVEL. BUILDING COVERED GARAGES STORAGE GRp98 BULL G51UNITEAREA (Si.) KSDEC 4 PATI•'9 •22 ARBA8 t Pi • . i• 3 I 1 1 . K1 1 a C1 U U 4 Q w w N 2 m..- I MMM1111 8 3,836 3,892 1,428 6448 0 • 1168. 4 2 1111111111 8 4,200 3,960 8,160 856 0 116 9,192 3 a 4,200 3,960 8,160 856 0 fib 9,92 r 4 T MEE 8 4200 3,960 8,160 856 0 116 9'12 S MEM.8 4,200 3,960 8,160 856 0 Ilb 91,11 6 MM11M 8 4,200 3,960 8,160 856 0 rib 9 92 33' -7---'-. ® 2 1,186 1202 2,388 90 558 3,016 F. 8 2 2 MIME 4 2,102 2,218 4,980 134 1360 b,4"4 9 2 minim 4 2,102 2218 4,980 134 1360 6,4"4 17. 1 I0 2 2 MEME 4 2,102 2218 4,980 134 1360 6,4" II 2 2 MIME 4 2,102 2,218 4580 134 1360 6,4 12 2 2 MEMM 4 2,102 2218 4,980 134 1360 6,4 : 13 2 2 MEME 4 2,102 2,218 4,550 134 1360 b 4 14 1 I MEMM 3 1,944 1140 3,684 112 959 4,1E'' 5 2 2 MRRM 4 2102 2218 4,980 134 1360 6,4 lb I I MEM. 3 1,944 1,140 3,684 112 559 4,1E ter_ M NNE 2 1,166 1,202 2,388 90 558 30_ •_ 18 I I MMMM 3 1,944 1,140 3,684 112 555 4,1° 9 2 2 MMRM 4 2,102 2,218 4,980 134 1360 6,4- 20 2 2 MEME 4 2,102 2318 4,980 134 1360 6,4- 212 2 MMMM 4 2,102 2218 4,980 134 1360 6,42 22 2 2 MEE 4 2,102 2218 4,980 134 1360 6,4 23 2 2 MMME 4 2,102 2,218 4,980 134 1360 6,4- 24 2 2 MMRM 4 2,102 2,218 4,980 134 1360 6,4- 25 2 2 MRRR 4 2,102 2,218 4,980 134 1360 b 41-- 54 26 I I 2 2 3 1,944 1,140 3684 112 959 4,15' 21 2 2 2 2 4 2,102 2,218 4,980 134 1360 6,41. 28 2 2 2 2 4 2,102 2,218 4,980 134 1360 6,41- 29 MEM. 8 3,626 3,384 1010 900 0 116 8.08E 30 , MEM.8 3,416 3,116 6,592 960 0 I16 1,12E 31 MERE 8 3,416 3,116 6,552 960 0 116 1,122 32 MEM. 8 3,836 3,592 1,426 840 0 116 8,444 TOT4L8 160 821S3Z 115042 11552 26112 1160 215066 likili' llY. ' WAIF . . Y il• L f 1_. ___ • tea R.. 7 t,. i, 7 --,•- TiN. 44, ..., 1: 1, l .. y' b orthor 1 Rill road 1 r $ 71 I* 4 si , 1" rt .-- • SV4yd co 41: 01 . 1. ., --,,. 1 A V ‘ 41 w:.) 45--+- 1...? 1 r 1. 1 - 3/ 1: 1 4 f. 1, r sPI Z• '-!. f. ! iti s1 FiE E7 iiiit: 4 lilt _ 4 • ' _ j. t lei' I st ,¢ tn • F t - ern ` X . 1.+ y, r, 7 3 • r . 1-.• IiL el-- L I" r. 1;. 1: 0.10ift '" r c APR-01-99 THU 05: 12 PM JOHN BUCHAN GROUP FAX NO, 4257393826 F. U1 BUCHAN oA PROPERTIES, L.L.C. pNTA Phone: (425) 739-3873 4p 0 n 04/% Fax: (425) 739-3826 C1 1 199 2821 Northup Way, Suite 250 1 _ ` 9 Bellevue,WA 98004 O To: C. Roy Publico Date: April 1, 1999 Firm/Office City of Renton Time: 4:14 PM PT Fax Number: (425)430-7300 Phone Number: (425)430-7279 From: Kent Angier Re: Springbrook LI.0 Pages: 1 of 2 Message: C. Roy: Following is the resolution giving Kent Angier authority to sign on behalf of Springbrrook LLC. If you have any questions, call Kent @ the above number. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL BACK IMMEDIATELY NOTICE The information contained in this transmission is privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee has received this communication in error,please return this transmission to us at the above address by mail. We will reimburse you for postage. In addition, if this communication was received in the U. S.,please notify us immediately by phone at(425)827-2266. APR-31-99 THU 05: 12 PM JOHN BUCHAN GROUP FAX NO. 4257393826 P. 02 APR, 1, 1999 3;45PM TOUSI 3RA1N PILO NO, 3487 P. 2/7 UNANIMOUS CONSENT OF MEMBER OF SPRINGBROOK, a Washington limited liability company IN LIEU OF SPECIAL MEETING OF MEMBERS The undersigned, being the Sole Member of SPRINGBROOK, L.L.C., a Washington limited liability company (tbe "Company"), acting by unanimous written consent of the members, hereby adopts the following resolutions and hereby consents to the taking of the actions set forth herein: RESOLVED, that the following person& are elected to the offices appearing opposite their names to serve in that office until the next meeting of the members of the Company and until their successors are elected and qualified: Carl G. Pollard Chief Executive Officer Dennis E. Thornton President Kent A. Angier Vice President FURTHER RESOLVED, that any one of the above-referenced officers are authorized to execute deeds, leases, bills of sale, purchase and sale agreements and any and all other documents, grants or conveyances on behalf of the Company relating to individual home sales in the ordinary course of the Company's business in developing and selling completed homes within the plat of real property set forth on Exhibit A attached hereto. SPRINGBROOK, L.L.C,, a Washington limited liability company By; BUCHAN PROPERTIES, L,L.C,, a Washington limited liability company Sole Member By: JOHN F. BUCHAN CONSTRUCTION, INC., a Washington corporation Member By: Dennis E, Thornton, President By: PRESCOTT HOMES, INC,, a Washington corporation Member By: j4.141P Carl G, Pollard, President ' zsoo\oo1'j t597.0j 1 LETTER OF TRANSMITTAL DATE: 3/25/99 JOB NO. 790-01-980-004 ATTN: CITY OFRENTONDEV.. SVC. DIV. RE: SPRINGBROOK L.L.A. ESM Consulting Engineers LLC 720 South 348th Street Federal Way. WA 98003 253) 838 6113 Fax (253) 838 7104 Bremerton (360) 792 3375 TO: CITY OFRENTON DEVELOPMENT SERVICES VIA X Courier DIVISION Mail WE ARE SENDING YOU: X Prints Plans CAD Disk Copy of Letter Change Order Original drawings X Other- APPLICATION FOR LOT LINE ADJUSTMENT COPIES DATE NO. DESCRIPTION 5 5 MASTER APPLICATION 1 1 SUBMITTAL FEE$450 5 3/24/99 25 PROJECT NARRATIVE/PARKING, LOT COVERAGE, LANDSCAPE ANALYSIS 1 3/1/99 TITLE REPORT 1 COPIES OF TITLE REPORT DOCUMENTS 3 3/24/99 9 LOT CLOSURES 5 BLA MAP, DRAINAGE CONTROL PLAN, UTILITIES PLAN, WETLANDS THESE ARE TRANSMITTED as checked below: For approval X For review and comment For your use For your signature As requested REMARKS COPY TO: SIGNED: Michael R. Bowen, P.L.S. bd P ..S. EEICAGO TITLE INSURANCE COMP/ 1800 COLUMBIA CENTER, 701 STH AVE SBATTLE, WA 98104 Order No.: 540882 PLAT CERTIFICATE Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval,this Company has examined the records of the County Auditor and County Clerk of KING County,Washington,and the records of the Clerk of the United States Courts holding terms in said County,and from such examination hereby certifies that the title to the following described land situate in said KING County,to-wit: SEE SCHEDULE A(NEXT PAGE) VESTED IN: SPRINGBROOK L.L.C. , A WASHINGTON LIMITED LIABILITY COMPANY EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $100.00 cpp TAX: 8 .60 FFC, R NTgNNINGoNAPR0 RFC 1999 Records examined to MARCH 1, 1999 at 8 :00 AM 4 /V D CHICAGO TITLE INSURANCE COMPANY By c MIKE HARRIS/KEITH EISENBREY Title Officer 206) 628-5623 PLATCRTA/12-5-90/EK IICAGO TITLE INSURANCE COMP/ Order No.: 540882 PLAT CERTIFICATE SCHEDULE A Continued) LEGAL DESCRIPTION PARCEL A: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EAST OF THE EASTERLY MARGIN OF PRIMARY STATE HIGHWAY NUMBER 5. PARCEL B: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION LYING WITHIN THE RIGHTS OF WAY FOR 96TH AVENUE SOUTH AND SOUTH 192ND STREET. CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY Order No.: 540882 PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: 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. Rights or claims of parties in possession not shown by the public records. C. Encroachments,overlaps,boundary line disputes,and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien,or right to lien,for contributions to employee benefit funds,or for state workers'compensation,or for services,labor,or material heretofore or hereafter furnished,all as imposed by law,and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service,installation,connection,maintenance or construction charges for sewer,water,electricity or garbage removal. H. General taxes not now payable;matters relating to special assessments and special levies,if any,preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations,Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights,claims,or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PIATCRTB/031694/soc CHICAGO TITLE INSURANCE COMPANY HICAGO TITLE INSURANCE COMP) PLAT CERTIFICATE Order No.: 540882 SCHEDULE B Continued) EXCEPTIONS n 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AND NECESSARY APPURTENANCES, TOGETHER WITH AN EASEMENT FOR ANCHORING PURPOSES AREA AFFECTED: EASTERLY PORTIONS OF SAID PREMISES RECORDED: MARCH 28, 1978 RECORDING NUMBER: 7803280689 A 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON PURPOSE: SURFACE WATER FACILITIES WITH NECESSARY APPURTENANCES AREA AFFECTED: THE SOUTH 100 FEET OF PARCEL A AND THE SOUTH 100 FEET OF THE WEST 550 FEET OF PARCEL B RECORDED: JUNE 9, 1998 RECORDING NUMBER: 9806091265 a 3 . PERPETUAL RIGHT OF THE CITY OF RENTON TO TAKE WATER FROM A GROUP OF SPRINGS LOCATED ON TRACT 9 OF SPRING BROOK ACRE TRACTS, AND THE STREAM FROM SAID SPRINGS FLOWING THROUGH THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OTHER LANDS, AS GRANTED BY INSTRUMENT RECORDED JUNE 9, 1909, UNDER RECORDING NUMBER 619122 . c AFFECTS: PARCEL B F 4 . RIGHTS OF THE CITY OF RENTON, THE PUBLIC AND UTILITIES PROVIDERS TO THE USE OF A PORTION OF SAID PREMISES AS A PUBLIC STREET. c AFFECTS: THE SOUTH 30 FEET OF PARCEL A (ALSO KNOWN AS SOUTH 192ND STREET) a 5. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY NUMBER 5 AND OF LIGHT, VIEW AND AIR BY DEED TO THE STATE OF WASHINGTON: RECORDED: DECEMBER 4, 1961 RECORDING NUMBER: 5360252 CHICAGO TITLE INSURANCE COMPANY HICAGO TITLE INSURANCE COMPA PLAT CERTIFICATE Order No.: 540882 SCHEDULE B Continued) AFFECTS: PARCEL A 6 . GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1999 TAX ACCOUNT NUMBER: 312305-9115-04 LEVY CODE: 2127 ASSESSED VALUE-LAND:63, 000.00 ASSESSED VALUE-IMPROVEMENTS: 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 1,223 .74 PAID: $ 0.00 UNPAID: $ 1,223.74 AFFECTS: PARCEL A, EXCEPT THAT PORTION THEREOF LYING WITHIN SOUTH 192ND STREET x 7. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1999 TAX ACCOUNT NUMBER: 312305-9023-05 LEVY CODE: 2127 ASSESSED VALUE-LAND:732, 000.00 ASSESSED VALUE-IMPROVEMENTS: 0.00 GENERAL & SPECIAL TAXES: BILLED: $ 10,634 .25 PAID: $ 0.00 UNPAID: $ 10, 634 .25 AFFECTS: PARCEL B P 8 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: SPRINGBROOK L.L.C. , A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: KEYBANK NATIONAL ASSOCIATION AMOUNT: 12, 809, 098 .00 DATED:FEBRUARY 12, 1998 RECORDED: FEBRUARY 13, 1998 CHICAGO TITLE INSURANCE COMPANY HICAGO TITLE INSURANCE COMP/ PLAT CERTIFICATE Oh-del-No.: 540882 SCHEDULE B Continued) RECORDING NUMBER: 9812131764 LOAN NUMBER: 3113579921 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. L 9. NOTICE OF ADDITIONAL WATER FACILITY TAP OR CONNECTION CHARGES AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 9505080322, AND THE TERMS AND CONDITIONS THEREOF: AMOUNT: 10,466 .71 AFFECTS: PARCEL B Q 10. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR SPRINGBROOK L.L.C. , A WASHINGTON LIMITED LIABILITY COMPANY a NOTE 1: A SURVEY HAS BEEN RECORDED UNDER RECORDING NUMBER 9802029005, A COPY OF WHICH IS HERETO ATTACHED. rt NOTE 2 : EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER. FIRST PAGE OR COVER SHEET: 3" TOP MARGIN CONTAINING NOTHING EXCEPT THE RETURN ADDRESS. 1" SIDE AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS. TITLE (S) OF DOCUMENTS. RECORDING NO. OF ANY ASSIGNED, RELEASED OR REFERENCED DOCUMENT(S) . GRANTORS NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND) . GRANTEES NAMES (AND PAGE NO. WHERE ADDITIONAL NAMES CAN BE FOUND) . ABBREVIATED LEGAL DESCRIPTION (AND PAGE NO. FOR FULL DESCRIPTION) . ASSESSOR'S TAX PARCEL NUMBER(S) . RETURN ADDRESS (IN TOP 3" MARGIN) . A COVER SHEET CAN BE ATTACHED CONTAINING THE ABOVE FORMAT AND DATA IF THE FIRST PAGE DOES NOT CONTAIN ALL REQUIRED DATA. ADDITIONAL PAGES: 1" TOP, SIDE AND BOTTOM MARGINS CONTAINING NO MARKINGS OR SEALS. ALL PAGES: NO STAPLED OR TAPED ATTACHMENTS. EACH ATTACHMENT MUST BE A SEPARATE PAGE. ALL NOTARY AND OTHER PRESSURE SEALS MUST BE SMUDGED FOR VISIBILITY. CHICAGO TITLE INSURANCE COMPANY HICAGO TITLE INSURANCE COMPI PLAT CERTIFICATE Order No.: 540882 SCHEDULE B Continued) FONT SIZE OF 8 POINTS OR LARGER. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF R.C.W. 65.04 . SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PARCEL A: PTN SE SW, 31-23-5. PARCEL B: PTN SW SE, 31-23-5. END OF SCHEDULE B CHICAGO TITLE INSURANCE COMPANY HICAGO TITLE INSURANCE COMPA PLAT CERTIFICATE Order No.: 540882 SCHEDULE B Continued) o THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: JOHN F. BUCHAN CONSTRUCTION, INC. KENT ANGIER 1/1 ESM, INC. MIKE BOWEN 2/2 CHICAGO 111 LE INSURANCE COMPANY s 0 CHICAGO TITLE .4SURANCE COMPANY 1800 COLUMBIA CENTER, 701 5TH AVE 206) 628-5666 IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. 3 / - 022 - s 1 Sw v : S .( y n PPoJ-----.I xn too SO 0 SCALE: T IW400 Joo 7i ill l I isle7AA ts''°4k i 0t d BANS OF BEAR2403 i 1,[san"Isa a+"[Sov+"Irst avert.a SAMt A 31 PER POTJMAR\11./APASnotAI S AsI MMl III,RAGE.l.ANC COW. R b V I I 5 J.._ k Q. p N LE022.0 l;', 1 P It.upl eeu.oNNACw13nC0.aW Rn.96031111003JUSt.if wl AS MD Po.a n1.r.CI At Al s i 6. I ( M.G VIIY•I) ACCORD O,SVR.[.03 IUD.1 AVL.te.P.GI}IJ. I GANCCOCe.W MO ee051*10 i. 1 a 11 PC.)k.rc town t0R1.0L SUMP-Slnd SwsSlo.. y V I n I., LRA.).nu it 1 MC)CALMAR°Resmo..s WO 0 SI,1/Y Illt..AND nP3AC CV'65 13461/Mir S PARCEL B 1 110. 1 PARCEL A 1 I i tot Wl[e.O41d 11 IIqlte1,A.ryR(O.y• b I I Us[. T"JKRM SS cot D'10.de Ct Mlt.lRl[ itICM:413)-\ UIIII[ °.>I r 1 Ra.e t["1[Rt.. a e. 1c 1 lusol ROAo n. r»es I.MAO.3SOCw[s S)}Se'IM.GI __'`_— —•( iAt °IfeaU — A _io (en en., 1J..7S' .e i Rde (11.11 R NJ.'If• IJe..1e'bp VIA., 7 1SOU114557NSTREET MAP r WHEN RECORDED RETURN TO 4e fiy' 4 SPRINGBROOK L.L.C. A a 2821 NORTHUP WAY, SUITE 250 BELLEVUE, WASHINGTON 98004 Y 8 3 Amami 0 CHIG+C30 TITLE INSURANCE COMPANY 6 STATUTORY WARRANTY DEED 14e242 e s THE GRANTOR a JOHN B. TYNES AND LINDA H. TYNES, HUSBAND AND WIFE AND EDWARD D. UNGER, AS HIS SEPARATE ESTATE, SUCCESSORS IN INTEREST BY DISSOLUTION AND ALL OF THE v). PARTNERS OF HARBOR INVEST NTS, A DISSOLVED GENERAL PARTNERSHIP for and consideration OTHER GOOD AND VALUABLE CONSIDERATION IOQ•j j, r ie hand paid,conveys and warrants to SPRINGBROOX L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY frf+ r i., the following described real estate situated in the Countyof16, KING State of Washington: ABBREVIATED LEGAL: SE1/4, SW1/4, SECTION 31, TOWNSHIP 23 NORTH, RANGE 5, A;rV E.N.M. ir„ n :p p COMPLETE LEGAL IS ON PAGE 2. CI SEE ATTACHED AS PER EXHIBIT 1' wel ti: N Q Dated: FEBRUARY 11, 1998 TuAccauntNumber: 312305911504 Jt NalosiOaleC JOHt E TYKEES j TTKS / ' T 1,crY STA OP WASHINGTON I MD H.%,;w:e COUNTY OP PIERCE t On this' I Z.t day of f•-r"'h 199 " , before me, the f undersigned, a Notary Public in and for the State of Washington, duly Q pcommissionedandSworn, personally appeared P* r4.—1Nfb[iDWARD D. UNGER to me known to be the individual(*) de lbed in and COI, ,.ti?y'who a ed the wi i 'n rument and acknowledged that signed and r 7O/ f) / .A,A' 'eeale. a same as ee and voluntary act and deed, for the uses and Nipureaherein_ 'a•rn AP pAr RIF 0 Or B .' E. JUDSON / STATE O F WASHINGTON RFc 1`99J Notary Public in -.d for the State of Washington ND V-••-P.BJCi? . e D Residing at 9TEILACOOY, My commission expires an 0 I Btitt,GEYu>Nlf91 k' d. F'? E1593639 02/13/98 25810.00 14500OO.00 a R_k--.:.,_a :,,::. +eta:,--,,, ^'•= - - _,-= ` -- .: -- =sG X.-....f rJ tic t..._ CHICAGO TITLE INSURANCE COMPANY Escrow No.: 148242 Title No.: 148242 EXHIBIT A ONNENEP PARCEL A: THAT PORTION OP THE SOUTHEAST QUARTER OP THE SOUTHWEST QW.RTRR OP SECTION 31, x. TOWNSHIP 23 NORTH, RAMIE 05, E.M.M., IN RING COUNTY, WASHINGTON LYING EAST OP THE EASTERLY MARGIN OP PRIMARY STATE HIGHWAY NO. 5. i'PARCEL B: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OP SECTION 31, TOWNSHIP 23 NORTH, RANGE 05, E.W.Y., IN KING COUNTY, WA8HINO1ON; EXCEPT THAT PORTION LYING WITHIN THE RIGHTS OP WAY FOR 96TH AVENUE SOUTH AND SOUTH 192ND STREET. 3,.,3•r: SUBJECT TO 1998 GENERAL TAXES, IN THE AMOUNT OF $10,616.89, WHICH ARE DUE ON APRIL 30, 1998. SUBJECT TO PERPETUAL RIGHT OF THE CITY OF RENTON TO TAKE WATER AS CONTAINED IN INSTRUMENT RECORDED JUwE 9, 1909 UNDER AUDITOR'S ILE MO. 619122. I.i?;•`:SUBJECT TO EASEMENT AND THE TERMS AND CONDITIONS THEREO RECORDED MARCH 28, 1978 UNDER AUDITOR'S FILE NO. 78032E0689- SUBJECT TO RIGHTS OP THE CITY OP RENTON, THE PUBLIC AND UTILITIES PROVIDERS TO THE USE OP SAID PREMISES AS A PUBLIC STREET. e .. r-•SUBJECT TO RELINQUISHMENT OF ACCESS TO STATE HIGHWAY NO. 5 AND OF LIGHT, VIEW AND AIR BY DEED TO THE STATE OP WASHINLTON RECORDED DECEMBER 4, 1961 UNDER AUDITOR'S FILE NO. 5360252. r-. 2 A fog'A I ON wY O t S-1 aca4/rim/121194 1q r • ilaa ,i nsE' g-<°';, d r¢ dCdpr• '4R qR` Oilni• rwF r r< tom`+ P f } f '1% Imo_ y i_iY 'i y..C" . n'e i' M i `•S 'f J_r/ 'tt-- '.J". tls: fS. rti t c t ' N S . 1!e[.} s&! aFrA + 4a•yyp.•+ z 4Pu1M:l rcy • , iY. U" x• r,. Z 1 rtr - kF/K+t`i_: v - i , s ' Y 't+ YIY r '• 1" vCx vf.-- :3 W,R;;fr S7j9 1.v °' lc.e 4t- s+ fil , 4 Tel rvt W y' 1 r rr if it1t 3 STATE OP 101BHINV1O se 1 11 COOIPCY OP PIBRCB ilaiE re_ On this IV day of nn 19 , before me personally appeared JOHN B. TIMIS to me (mown to be the individual described in and who executed the foregoing instrument for himself and also as Attorney in fact for LINDA H. TYPES and ecknawledged that he signed and sealed the sane as a free and voluntary act and deed for himself and also as a free and hivoluntaryactanddeedasAttorneyinPactforsaidprincipalfortheuses and purpos therein mentioned, and on oath stated that the Power of Attorney•rising the execution of this instrument hu not been revoked and the. principal is 1 wing end is not insane. L e. c under .y hand facial seal the day and year last above ill rritt ,/ 1, ji Notary Public in and f the State of Washington, Residing at ST1ILACOOt. My caission expires on 09-15-98. ma TRW-E E. JUDSON STATE Of WASMIGTON CPR(-•--PDBUC 100 h it Oximilie Eons 159! 14 4, -1t M f.O ae r c i G SIBuran-1a91/sllr sn. w s jar rr yes .r xi• 1 KING COUNTY EXCISE TAX PAID Z8 10 43 aH'7" MAR281978 EMENT E'1 f3'fj" RECORDED KC RECORC: For and in consideration of One Dollar (S1.001 and other valuable consideration, the receipt of which Is hereby acknowledged. EDWIN WONG, as Trustee for Kent—Twenty Eight 0) Grantor" herein). hereby grants. conveys and warrants to PUGET SOUND POWER tV LIGHT COMPANY, a O' Washington corporation)"Grantee" herein).for the purposes hereinafter set forth, a perpetual easement over. across and under the following described real property the "Property" herein) In KINC N County.Washington: That portion of the southwest quarter of the southeast quarter of Section 31, Township 23 North, Range 5 East, W.M. , in King County, CO Washington, lying west of County Road No. 80, known as the Kent-Renton Road; (also known as Springbrook Road) EXCEPT that portion lying within the South 192nd Street. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property(the"Right-of-Viay" herein)described as follows: That portion of the above described property lying East of a line 40 feet West of, as measured parallel with and at Right Angles to, the tenter line of Springbrook Bead (also known as Kent-Peftten Road) as established by King County resolution 136984, dated 3-24-69 and shown on King County Engineers Survey No. 31-23-5-7 Except therefran any portion lying within the Springbrook Road (also known as Kent-Renton Road) as existing and constructed .t the date of this Easement. Together with easement for anchoring purposes, having 5 feet of width cn each side of the following described centerlines: a) Beginning at a point an the west line of the above described right of way which lies approximately 295 feet North of the North margin of South 192nd St.; thence West measured at right angles from said West line 20 feet to 'the terminus of said centerline. b) Beginning at a point on the West lint of the above described Right of Way which lies approximately 500 feet North of the North margin of South 192nd St.; thence West measured at right angles to said West ling 5 feet to the terminus of said centerline. 71 1. Purpose. Grantee shall have the right to construct,operate. maintain. repair, replace and enlarge one or more electric transmission and/or distribution lines over and/or under the Right-of-Way together with all necessary or convenient appurtenances thereto. which may include but are not limited to the following: a. Overhead facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines;communication and signal lines; transformers. b. Underground facilities. Underground conduits, cables, vaults. manholes, switches and trans- formers;seml•buried or ground mounted facilites such as pads, transformers and switches N Following the initial construction of Its facilities. Grantee may from time to time construct such addl• C ) tional lines and other facilities as it may require. 2. Access. Grantee shall have the right of access to the Right•of•Way over and across the Property to enable Grantee to exercise Its rights hereunder, prscideJ, teal Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 1. Cutting of Trees. Grantee shall have the right to cut or trim any and all bru.h or trees standing or growing upon the Right-of-Way, and also the right to cut or trim any trees upon the Property whim, in lulling. could. in Grantee's reasonable judgment. be a hazard to Grantee's feciliti's 4. Grantor's Use of Right-of-Way. Grantor reserves the right to use the Right•of•Way for any purpose not inconsistent with the rights herein granted, provided. that Grantor shall not construct or maintain any building or•other structure on the Right-of-Way and Grantor shall do no blasting u'thin :100 feet of Grantee's facilities without Grantee's prior written consent. S. Indemnity. By accepting and recording this easement. Grantee agrees to indemnify and hold harmless Grantor from any and all claims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein granted, provided, that Grantee shall not be responsiOle to Grantor for any damages resulting from injuries to any person caused by acts or omissions of Grantor. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right-of-Way for a period of five (5) successive years, in which event this easement shall tt•rminate and all rights hereunder shall revert to Grantor.provided. that no abandonment shall he deemed to have occurred by reason of Grantee's failure to initially install its facilities on the Right•of•Way within any period of time from the date hereof. FILED FOR RECORD AT REQUEST OF: PUGET POWER REAL ESTATE DIVISION P. O. BOX 868 gELLEVl1E, WASHINGTON 98009 rliC R rLB it ,.r,, * c - tib„_. _ }y3.e.-..,.ea'... r•-s .° 7 Successors and Assigns. The rights and obligations of the parties shall Inure to the benefit Jf and be binding upon their respective successors and assigns. DATED this ti I day of 19-a/ CO O GRANTOR / CO 4—(44.7! v CV CO O CO 1 STATE OF WASHINGTON I 1 coum Y fyt;;; ss On this day personally appeared before me EL144w Ll OA.) to e.known to be the victual described in and who executed the within and foregoing instrument, and s "'edged that F( signed the same es N/S free and voluntary act and deed for the uses attd(turposes therel.n.mpnloned. C Wi. 1 r land official seal this a/aL _day of .c2A.4.4,44. e 19 78 Notary Public In an the State of Washington, residing at . icitatrit STATE OF WASHINGTON SE COUNTY OF 1 On this day of 19 , before me, the undersigned, personally 4 appeared and to ma known to be the and respectively, of the corporation that executed the foregoing Instrument, and acknowledged the said instrument to be tia free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned. and on oath stated that i authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. UJ Witness my hand and official seal hereto affixed the day and year first above written. Notary Politic In and for the State of Washington, w residing at, CO v to e0 f N Go CO COi N 3 1 Return Address: City Clerk's Office City of Renton 200 Mill Avenue South Renton.WA 98055-2189 EASEMENT Property Tax Parcel Numbers: 312305-9023& 312305-9115 L' Project File a: Springbronk Creek Sven Intersection: S 55th Street&Talbot Road S 4.4 Grantor(s): Grantee(s): N I. Springbrook,LLC I. City of Renton.a Municipal Corporation N LEGAL DESCRIPTION: The south 100 feet of the below described Parcel A,and,the south 100 feet of the west 550 feet of the below described Pared R: O 0 Parcel A: That portion of the Southeast Quarter of the Southwest Quarter of Section 31.Township 23 North,Range O 5 East,W.M.in King County,Washington lying easterly of Primary State Highway IS(SR 167); LESS County Road. Parcel R: The Southwest Quarter of the Southeast Quarter of Section 31,Township 23 North,Range 5 East,W.M.in King County.Washington; LESS County Road. That said Grantor(s),for and in consideration of mutual benefits.do by these presents.grant.bargain.sell. convey,and warrants unto the said Grantee,its successors and assigns.an exclusive easement for constructing, rccunsuucting.installing,repairing,replacing,enlarging.operating and maintaining public Surface Water facilities,channclization.slopes,cuts.fills with necessary appurtenances over.under,through,across and upon the property.together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial 8 construction of its facilities.Grantee may from time to time construct such additional facilities as it may require. Grantee and its successors and assigns shall not,however.erect any buildings within the easement. This casement shall run with the land described herein,and shall be binding upon the parties.their heirs. successors in interest and assigns. Grantors covenant that they arc the lawful owners of the above properties and that they have a goad and lawful right to execute this agreement. f3 IN WITNESS WHEREOF.said Grantor has caused this instrument to be executed this_day of l9 . Springbrook LLC by Buchan Properties LLC member.by: Carl G Pollard B-oc36 a 7i3 0,ps w IvwORDSCORRENTE SPRGBK.we.Pagelof2 EXCISE TAX NOT REQUIRED Kir)p Rea?. Div ion av 2 Depute Nol:.ry Seal must he within box INOIVIIHJAL FORM OF ACKNOWLF_7)GMFNT STATE OF WASHINGTON )Cc hst COUNTY OF KING• taI4 Qn A lr5+1 4. e,p.c s sr • { ecrtifv that I know or have satisfactory evidence that e= r_ li signet this instrument and jw I f t acknowledged it to be his/her/their free and voluntary act for the uses and purposes 9'• r '• s Ill Notary Public in nd for the State of Washington ttassc,,..,,`_Notary(Print) - -Q•! 1A.eft OLA— My appointment expires: It -G (`& Dated: Aa+Qak 3`g t Notary Seal must he within box REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON )ss COUNTY OF KING• certify that I know or have satisfactory evidence that signed this instrument.on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) In My appointment expires: D Dated: Nit r1T.Notary Seal must be within box O STATE OF WASHINGTON )ss CD COUNTY OF KING CID On this day of 19_before me personally appeared ch to me known:o 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 slated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CAW INWORDACIIRRENTiE_SPRGRK.DOQ Page 2 of 2 9806091265 i I a*) / I `1•1`\•\\\\'\\ If 1 0 \\l I it'll Nit Pp,<<I 3123o59uS ,'Pei 9i,z3osAo 3 I \ Illlli 1//j1 l 44/YV1 11 JI S rt:,1\\ f s ssfrc st (S. jgin1 rt) loot Eascn.w..,t- EXE,bS' A E s .ent P/a., o' foe 2. us' 2o.' t_ r 4: sigh 21-ta 8 71 Oliver Ld.1, single man o .. Uitj of Benton, a municipal Orp rind lwe of nosh pp rr and frrr gatoap coo and a.) fig 14 in 1!C 4' the perpetual rt to divert and tk frm a spring, or group of y e elk eprt lotd on ?root ! Spring Brook (1 As roots ineo 4 ivy t! BA 5 Fist ,r.r. t/` e' '` 1,400.000 gallon. of water per day nail de r gm co so ep moo am* an the riparian rta of f!p in and to the number ofpilloan pa/ day of rod, t-w 1,400,000 is the stream flan, rw e4 !teat 9 thrn the r e h0reinat dee and any and ab1 a..arms or domande of 'Ishtar? hind or Ohmmeter 000asioned by the sots of op in diverting the ah Inaba?sd abar of gallon* per dap,. tow 1,400,000 gallons pre day, fro the stream fly had ad bast 9 thra the fie des r e 3 of SS} of `eo al the SS} of a} of See se 9r3 of 3?* of Leo El a?.l 1 ?p ES II b f •T casts r.2. a t it is skated sal Agri tat is ease at any to srea!'t eQ u liedmaim? s• wrtM a a ahl be utilised or used f ,• m • f. ether lies 1*uillial prps the r s Pratt ehl :mac p 1,‘ 4,i Q M r o E 1 Q . g r y. t1tlit! 1 4 ;F and tetermine and fp ahl by rt to rc-sntr and tk poem of prptp OOnvyd hbpIiii1prelendrrllagshsg hi. its in and to ad number of gal per day in oonaid o the public nature of no+ to wboh such water s to be pat, to-wit the tarsi whing•of th • inhabitants A cP of the city of Stanton with an adequate nuiply of pure water It la wsderetd and agrd gwvr tht no rt ti int ola or demand r of .may kind or nature in or to any o r the lda oentnd herein is ,grata by '•rt of thin oonvynoaand any waster tha or diverted nod and by non vrt of thin oonvynoo is to be tbi and G. : dsve-ted without entering upon any of t'he ids herein den 1 1v 31gsl Auk at Z l w KannervonJune ?-09 by Og single man bf Paul AP tor •r en at ?fatten in) maim mown d Soase r, *ant on ( E1L .F.-1 ti J. L, 0 -- A memellill1111 alm 11111111111111;111 vot4218 PAGE576 5360252 s.F.re.xMs w—ta.r.1:•301-1:-511-5ss.swa.LIMITED ACCESSWARRANTYDEED In the AfattEr of Riaat7 State Highway No. 5, South 228th Street, Lent to Renton l KNOW ALL MEN BY THESE PRESENTS,That the Grantors August H. Menge, a bachelor and Celena Menge,a spinster for and in consideration of the sum of - - - TIT and NO/100 - - - ($10.00) - - - Dollars. and other valuable consideration L'', hereby convey and warrant to the S'rAT or WASHI`IGTON, the following described real estate .situ- 1r ated in Sing County, in the State of Washington, to the sante extent and purpose if the rights herein granted had been acquired under Eminent Domain statute of the State of Washington: All that portion of the selloving described Parcel "A" lying within a strip of land 220 feet in width being 110 feet wide on each side of the,center line of Primary State 11,Highway No. 5, South 228th Street, Kent to'Renton. PARCFII "A": (a) That portion of government lot 3, section 31, townhip 23 north, range 5 east, i).H., in'King County, Washington, lying east of Primary State Highway No. 5. b) .overnment lot 4, section 31, township 23 north, range 5 east, W.H., in King County, Washi gton, FZCD'T that portion lying southwesterly of the enter line of what is knows as Big Slough. 1 c) Southeast quarter of the southwest quarter of section 31, township 23 north, range 5 east, W.H., in King County, Washington. 1 The and being conveyed herein contain a:. area 6.67 acres, more or lees, the specific ietaile or which are to be-.found within that certain map now of record and on file Sr. the office of the Director of Highways at Olympia, and bearing date of approval November 22, 1960, and the center line of which is also shown on record in'Volume 2 of Highway Plats, page 88. records of said County. Also, the grantors herein convey and warrant to the State of Washington all rights of y ingress and egress (including all existing, future or potential easements of access, light, view and air) to, from and between said Primary State Highway No. 5, South 228tk St., Kent to Renton, and the remainder of said Parcel "A'. t i E mtgel.lilln in" M• r•''Sln 1""'1 II:, 'n t'''''-'. r C... •,/. ' . ' ; till' i -. • f. Y/YI,, -. "il. 1 s.,, V • 1\nu,•1i0.• I•I VII:P\IUE..' 1.0.NI'••••1Al r nTre\u Nlltu r lslrllsu 13lr.11 5II) .. . .10 , 1.1•. r . v S^lc•..•_. 43 Sl B"c1 T gar k" ..„ '•••': {..1. t ri• ' y.Y.*.^r ,:'h9:11fii.`','*l,i aft r.`:S. f ti F-' '-.s it. n" :'°'y'. 1 S v42181w5'77 It is understood and agreed that the delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted! j and approved hereon in writing for the State of Washington, Department of Highways, by the Chief Right of Way Agent. Cl 1. L.r= Dated this 3rd day of. tv.rs_.1961 C.-L>r_ (-2 V:1_- iYV// Accepted and approved.._ _..._ .....:-. . e STATE ,WASHINGTON DEFAR T OF HIGHWAYS By , f e.----(sc i Chief Right of Way Agent'. STATE OF WASHINGTON. tis County of King c 1,the undersigned,a notary public in and for the State of Washington, hereby certify that on'this 3rd day of November, 1961 personally apperred before me August ti. Hedge snd Celena.flange ' . to vie known to he the individuals_ described in and who executed the foregoing instrument, and acknowledged that they .signed and sealed the same as their free and voluntary act and deed,for the uses and purposes therein mentioned. Given under my hand and official seal the day and year last hove written. r<_r.Le &/.._.,t.--:.,)G,1- r .. Votary Public in and for the State of Washtnytoo. nestling at..Seattle y t V u Ea It F.E.C..OED il A if 4 z I' l' Af F vc,. __ o w I-Ar_ REQUEST Cr ' 1 ''Coi .. .s R.o 44 i x t' D! -4'- PM 1 20''r Ci ci In z 3 , c i;; 3 C\: d kl1C i.CCNTY W,SH.a S E i O C CE?L'i Y a Q , Fpy w f) 1 s Es 3 t0, ! ' w i fa 4.3111 e4:05i-t.c:rY. 1Yf,` .I`Oit 1:.ties'se '+x? .:.2.r" t"wY F 4::...'tli l 1 '1 ,ai -.... .. x. ter* VS I 11111 LA-94-001 ECEIVEQ l I MAY 0 51995 WHEN RECORDED RETURN TO: l KING GOA ssmen District a OOP; Off of the City Clerk I ATFCOMF.)S RECORDS • umber ;7 0013 Renton Municipal Building 200 Mill Avetate Swdt ACLREEMFNT r R,nnn.WA 98055 Et • 3 v THIS AGREEMENT made and entered into this arA.,day of Q -L , 1995, by and between the CITY OF RENTON, hereinafter referred to as "CITY," and Environmental r Leveloprnent Inc. Tom Icheison PO Bra 15.24. Bellevue WA 98009 hereinafter referred to as r DEVELOPER'; c c1 WHEREAS, the 'DEVELOPER" is desirous of installing certain water systems, and appurtenances thereto at, near, or within the herein below described property and to connect same to the "CITY'S" vhl utility or road system(s)so that such improvements will constitute an integral part thereof;and B AWHEREAS, no other property owners or users are presently available to share in the cost and expense Cof construction of such improvements,and the parties hereto having in mind the provisions and terms tri of the"Municipal Water and Sewer Facilities Act"(RCW 35.91.020 et sea,) WHEREAS,the "DEVELOPER"is willing to pay all the costs and expenses for the installation of said improvements: NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: 1 The "DEVELOPER" hereby acknowledges and covenants that he is the owner of the following described property,to wit; See Exhibit"A" iand the '"DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements,to-wit: Per approved water plan W-2158: Installation of 1256 linear feet of 12"water line and 2 fire hydrants. and such installation to be made in full compliance with all applicable codes and regulations of the CITY." The "DEVELOPER" further covenants and warrants that all expenses and claims in connection with the construction and installation of the aforesaid improvements,whether for labor L__________ --:. w— . . .; T.7 1/111 r l i or materials or both have been or will be paid in full,all at the "DEVELOPER'S" expense, and the "DEVELOPER" covenants and agrees to hold the "CITY" harmless from any liability in connection therewith. t l-. The "Developer" further certifies that the total cost of said construction as herein above specified is$84,283.60 far an off-site water main and 2 fire hydrants. See Exhibit"B"attached hereto for the legal description of the lands affected by this latecomer agreement, see Exhibit "C" attached hereto for the Final Assessment Roll,and see Exhibit"D"attached hereto for the map showing in rl outline the land affected by such charges per the terms of this agreement. c i• The total amount of the cost of said improvement shall be employed to determine the pro rata N • reimbursement to the "DEVELOPER" by any owner of real estate who did not contribute to the I) i I cl p original cost of such improvement, and who subsequently wishes to tap into or hookup to or use 0 O said facilities, which tap or hookup shall include connections to laterals or branches connecting 0 thereto, all subject to the laws and ordinances of the "CITY" and the provisions of this LI Agreement. The method of determining latecomer payments shall be by square foot of property subject to these latecomer charges: The pro rata cost per square foot is$0.02620327. 3. It is hereby found and determined that the construction and installation of said aforedcscribcd improvement is in the public interest. q i. The "DEVELOPER" hereby agrees and covenants to convey, transfer, and assign unto the CITY" all rights, interest and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever; "CITY" I. agrees to accept and maintain said improvement as part of its present system upon approval t thereof by the City Engineer and after inspection of said construction. The "DEVELOPER" further agrees and covenants to execute and to deliver unto the"CITY" any and all documents including Quit Claim Deeds and Bills of Sale that may reasonably be necessary to fully vest title ati in the "CITY" and to effectuate this conveyance and transfer. The "DEVELOPER" further iY r; ATECOMER'S AGREEMENT- 2 7J91-67IRc@roh i 1 agrees and covenants to pay unto the "CITY" such service charges or other charges as may be imposed by the "CITY"for use of the improvements for which this agreement is granted. S. The"CITY"reserves the right,without affecting the validity or terms of this Agreement,to make or cause to be made extensions to or additions of the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part of the CITY". G. No person,firm, or corporation shall be granted a permit to use or be authorized to tap into the facility during the period of 15 (fifteen) years from date hereof,without first paying unto the CITY", in addition to any and all other costs, fees, and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. See Item 10. Furthermore, in case any tap, hookup, or connection is made into any N1 such contracted facility without such payment having been first made, the legislative body of theGd CITY" may cause to have removed such unauthorized tap, hookup, or connection, and all Oconnections or related accessories located in the facility or right-of-way, and dispose of such unauthorized material so removed,without any liability on the part of the "CITY"whatever. It is further agreed, and covenanted that upon expiration of the terms of this Agreement; to wit: 15 fifteen)years from date hereof, plus any extension thereof if granted by City Council, "CITY" shall be under no further obligation to collect or make any further sums unto the DEVELOPER." The decision of the Administrator of Public Works or the Administrator's authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup to such improvement shall be final and conclusive in all respects. 7. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by"DEVELOPER"have been or are about to be connected with the utilities systems of the "CITY', and upon such connection and acceptance by the "CITY" through its legislative body,said extension and/or improvement shall be and become a part of the municipal utilities. LATECOMER'S AGREEMENT- 3 1 UANo71?G D/bh 711.11 11111 8. This Agreement shall be placed for record with the King County Auditor's Office within thirty 30)days of final execution of the agreement. r 9. Transfer of title to all of the improvements under the latecomer's agreement to the "CITY" is a t prior condition to the City collecting any latecomer's fee. The "DEVELOPER" will also assign to the "CITY" the benefit and right to the latecomer's fee should the "CITY" be unable to locate the "DEVELOPER" to tender any latecomer's fee that the "CITY" has received. The DEVELOPER" shall be responsible for keeping the "CITY" informed of its correct mailing address. Should the "CITY" be unable to locate the "DEVELOPER" in order to deliver a latecomer's fee, the "CITY" shall undertake an independent investigation to determine the location of the "DEVELOPER". Should the "CITY,' after a good faith attempt to locate the i. DEVELOPER" be unable to do so, the latecomer's fee shall be placed in the Special Deposit 1 Fund held by the "CITY' for two years. At any time within the two year period the DEVELOPER"may receive the latecomer's fee,without interest,by applying to the "CITY"for that latecomer's fee. After the expiration of the two year period, all rights of the O DEVELOPER" to that fee shall expire, and the "CITY" shall be deemed to be the owner of Othose funds. 7 O'S 10. When the"CITY"has received the funds for a latecomer's fee, it will forward that fee,less 15% for a processing fee,to the"DEVELOPER"within thirty(30)days of receipt of the funds. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the "CITY". Should the "CITY" fail to forward the latecomer's fee to the DEVELOPER" through the "CITY'S" sole negligence, then the "CITY" shall pay the DEVELOPER" interest on those monies at the rate of interest specified in City Code Section 3- 241 (B). However, should the "DEVELOPER' not keep the "CITY" informed of its current correct mailing address,or should the "DEVELOPER"otherwise be negligent and thus contribute to the failure of the "CITY"to pay over the latecomer's fee, then no interest shall accrue on late payment of the latecomer's fee. 11. By instituting the latecomer's agreement the "CITY"does not agree to assume any responsibility to enforce the latecomer's agreement. The assessment roll will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The "DEVELOPER" has responsibility to monitor those parties LATECOMER'S AGREEMENT-4 t 2/94L7 r RGB/bh f":. lies. V 0 ill T 1 connecting to the improvement. Should the "CITY"become aware of such a connection, it will use its best efforts to collect the latecomer's fee, but shall not incur any liability should it inadvertently fail to collect the latecomer's fee. o Dated this )gOday of c VLGGG , 1995 t• CITY OFlFIBNTON DEVELOPER Iw,. / 1 binyor By: 67)By: i City Clcr a' ICITY OF RENTON fYF.I OPFR STATE OF WASHINGTON ) STATE OF WASHINGTON ss ss COUNTY OF KING n ) COUNTY OF KING tD On this 2€4- day o(,_ 1.0 19`,before me On ' day personally appeared before me qpersonally appeared_C C,/ymerand L!J• N-. t d ti CC /,c ryn P rua,to me known to 1Se the Grantor's)to ul and Clrr/c of the me known to be the individuals)described in 0 municipal corporation thitt executed the within and and who executed the within and foregoing cr) foregoing instrument,and acknowledged said instrument,and acknowledged that ` . - instrument to be the free and voluntary act and signed the same as ` 4.•+- —free and V. deed of said municipal corporation for the uses voluntary act and deed for the uses and purposes y_ and purposes therein mentioned,and on oath therein mentioned. Given under my hand and Z: stated that he/she was authorized to execute said official seal this, day ofa ,L , 19 instrument and that the scat affixed is the T corporate seal of said municipal corporation. Signanfre of Officer&Official Seal IN WITNESS WHEREOF,I have hereunto set my L O AM/ h^nd and affixed my official seal the day and year VI F<i i 4 R. first above written. Notary Public in and for the tare of t p // Washington,residing at p. SignAture&Titl of Officer My appointment expires: s/2I`1'7 L/SA S7-El'NEN5 Notary Public in and for the State of Washington,y. residing at Rox_ My appointment expires: /0-19-97 LATECOMER'S AGREEMENT- 5 17194-671RGn/bh 11111 1 EXHIBIT A LEGAL.DESCRIPTION OF SUMMIT PARK PARCEL -a": t TH£ SOUTH 124 FEET OF THAT PORTION OF THE NORTH HALF OF TIE SOUTHEAST QUARTER OF SECTION 31, TOKNSH/P 2J NORTH. RANCE 5 EAST, W.M., IN KING COUNTY, WASHING TON, LYING EAST OF THE EASTERLY MARGIN OF COUNTY ROAD NO. 80 (kENT-RENTON ROAD); ALSO THE NORTH 7J FEET OF THAT PORTION OF THE SOUTHEAST 11 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWVSHIP 23 NORTH. RANGE 5 EAST, W.M., IN KING COUNTY , WASHIANGTON, LYING 0 EAST OF THE EASTERLY MARGIN OF SAID COUNTY ROAD NO. 80. PARCEL "A": CV VI THE NORTH 241 FEET OF PIE SOUTH 1267 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION J1, TOWNSHIP 23 p NOR TH, RANGE 5 £AST, W.M., IN KING COON TY, WASHINGTON, u7 EXCEPT THE SOUTH 60 FEET OF THE WEST 550 FEET HEREOF: AND EXCEPT THAT PORTION LYING WITHIN THE JOHN LANGSTON COUNTY a) ROAD NO. 80. NOTE: BOUNDARIES HAVE BEEN DELINEATED BASED ON RECORD SUBDIVISION INFORMATION CONTAINED IN R.O.S. VOL 33, PAGE 224, AND ARE SHOWN FOR REFERENCE. BOUNDARY POSITIONS SH0KN ARE PRELIMINARY AND HAVE NOT BEEN FIELD VERIFIED BY SURVEY. t a EXHIBIT B Summit Park Latecomer Agreement Legal Description That portion of the southeast quarter of Section 31,Township 23 North,Range 5 East,W.M.,in King County,Washington described as follows: Beginning at the northeast corner of said subdivision; Thcncc southerly along the cast line of said subdivision,to an intersection with the south line of the north 5 acres of that portion of said southeast quarter lying easterly of Talbot Road South (Kent- Renton Road I180),and the True Point of Beginning.; Thence continuing southerly along the cast line of said southeast quarter to an intersection with the south line of the north quarter of the south half of the north half of said southeast quarter; Thence westerly along said south line to an intersection with a line 375 feet westerly of and parallel with the cast line of said southeast quarter; Thence southerly along said line,a distance of 165 feet,more or less,to an intersection with the north line of the south quarter of the northeast quarter of said southeast quarter; Thence easterly along said north line a distance of 30 feet,more or less,to an intersection with the cast line of the west 940 feet of the south half of the south half ofthc north half of said southeast quarter lying easterly of said Talbot Road; rti Thcncc southerly along said cast line to an intersection with the north line of the south 124 feet of the north half of said southeast quarter; Thence westerly along said north line and its westerly extension,crossing Talbot Road South, to an intersection with the west right-of-way margin of said road; Thence:southerly along said margin to an intersection with the north right-of-way margin of South 5.5th Street; Thence westerly along said margin to the west tine of said southeast quarter; Thence northerly along said west line to an intersection with the north line of the south half of the north half of the northwest quarter of said southeast quarter, Thence easterly along said north line,and its easterly extension,to an intersection with the cast right- of-say margin of said Talbot Road; Thence northerly along said margin to an intersection with the south line of the north 5 acres of the cast half of said southeast quarter lying easterly of said Talbot Road South; Thence easterly along said north line to the east line of said southeast quarter and the True Point of Beginning. 0 I, EXHIBIT C NOTICE OF ADDITIONAL WATER FACILITY TAP OR CONNECTION CHARGES REQUIRED BY RCW 65.08.17(3)RCW 35.92.025 MUNICIPALITY - CITY OF RENTON, WASHINGTON ADDITIONAL TAP OR CONNECTION CHARGE PER: Environmental Development Corporation Mr.Tom Ichelson Water Improvement Latecomer Agreement N N PROJECT NO.: 27-0013 A cn RECIPIENT: Mr.Tom Ichelson BRIEF PROJECT DESCRIPTION: Installation of 1256 lineal feet of 12 inch water main leaving in place a low pressure existing main; installation of 2 fire hydrants; and all appurtenances pertaining to said water main. All parcels contained in the southeast quarter of Section 31,Township 23 North,Range 5 East,W.M.,in King County,Washington. TOTAL ASSESSMENT COST: S84,283.60 TOTAL ASSESSMENT FOOTAGE: 3,216,530.27 square feet TOTAL COST PER SQUARE FOOT: S 0.02620327 OWNERSHIP LEGAL DESCRIPTION ASSESSABLE AssESSMENT SQUARE FEET PMCE. 1 K.C. TAX ACCT 8312305-9149-04 344,559.60 1 9,028.59 WINSTTAD CONST,CO. LOT 2 OF RENTON SP NO 399.79 1215 120nr Av NE 201 PECOIOEO AF I R005139001 REIIFWE,WA 98005 PARCEL 2 K.C. TAX ACCT 1312305-9022-06 73.618.40 1.928.99 AWN E.VIOC LOT 1 RENTON SP No. 399.79 JOY P.W IGHT RECORDED W AF 18005139001 4827 TAL 0T Ro S RENTON,WA 98055 PARCEL 3 K.C. TAX Accr /312305.9091-02 32,400.00 1 840.98 ROOERT A.CLAYTON, EEC AT NXN Of CA KEFT-RENTON RD WITH TRST 850 ISLAND WAY N LH of N I/2 OF 5 1/2 Of N 1/2 Cf SE 8303 CLEARWATER,FL 1/4 TH W Ala oo N LEY 300 FT TN 5 PLW 34930 so CA 120 FT THE E PLW so N LH 300 FT IIA TO 60 CA TN N Al0 SO CA 1 20 FT TO ma LESS CO Lo PARCEL 4 K.C. TAX ACCT /312305-9053 345,888.40 1 9,082.93 B1XwsrEAO CoNST.CO. N 1/2 OF 5 1/2 OF NW 1/4 oc SE 1/4 1215 120TH Av NE LESS 08a NXN c/L KENT-RUWoN RD WTI 201 Ba.0 vut.WA N LH THOF TH W Ala SO N LN 300 FT TH S r 98005 PLw sa CR.TO 5 LH sO Wm 7H E PLW SO N LH 300 FT Mil TO SO CA nl N MG SO CA L O`L TO BEa EX 5 30 F7 Of N 150 FT TilOf lES.4 1 7 CORD 1 Cr PAFLCF. S K.C. TAX ACCT /3 1 2 3 05-91 22-0S 49,858.40 1,301.21 11 In ARTHUR A.PETERSON PTH N 1/2 OF S 1/2 OF N 112 OF SE 1/4 4915 TALaor RC S L1ca NXN of N LN SO WOO WITH CA.Co no 11 RENTON.WA 98055 /80 TRW ua N tH THOF 300 FT TN S PLr SO CA 150 FT TO TPOB TH CONTG S TO 5 LA so woo THE Ala so 1LH to MGM 10 fD r- nl N ALD SO MON TAP E OF TP00 TH W Plr N IN ID WOO TO TPO0 i• P13101 6 K.C. TAX ACCT 1312305.9037-09 427,323.60 1 11.197.27 BURTESTEAD COesr.Co. S 1/4 OF NW 1/4 Of SE 1/4 LY W OF CO 1215 12011I Av NE 201 10/80 BW.ivui,WA 98005 Pawn 7 K.C. TAX AccT 1312305.9023-05 399,442.87 10,485.71 HARSOR INVESTMENTS THE SW 1/4 OF THE SE 1/4 LESS Co.RO. PO BOX 3825 FEDERAL WAY,WA 98063 PARCEL 8 K.C. TAX ACCT 1312305.904E.06 448,120.00 11,742.21 LILA M.CAM'O P060,0N OF N 112 OP N 1/2 OF SE 1/4 LY 4908 TALDOT RD S E OF KENT-RENTON Ro LESS N 5 Ands REHTON„WA 98055 PARCEL 9 K.C. TAX ACCI /312305.9087-08 200,811.60 1 5.281.91 LAA M.CAMPEN PORTION OF N 1/4 OF S 1 12 OF N 1/2 OF 4908 TA/DOT no 5 5E 1/4 LYE 0f CO RD/80 LESS W 105 RENTON„WA 98055 FT OF PORLY N OF S 30 FT TNOF PARCEL 10 K.C. TAX ACCT /312305-9038-08 14.175.00 1 371.43 L11A M.CAMPEH W 105 FT OF N 1/2 LESS S 30 FT 1HOF 4908 TALDOT RO S OF POR of N 1/2 DF S 1/2 N 1/2 of 5E 1/4 RENTON,WA 98055 LYE Of CO EO$80 Nis a7a Ream 11 K.C. TAX AccT 8312305-9035-01 118,483.20 3,104.85 G.WAROJ DLA/Aao N 18S FT Of S 495 FT of N 1/2 OF SE 1/4 4914 TAMED RO S LYE OF co FL 180 LESS S 135 FT of W ROrton,WA 99055 260 FT LESS E 376 FT PAFICEL 12 K.C. TAX ACCi /312305.9088-07 33,750.00 1 884.30 G.WAJRN O'Aaeoro W 250 Ft of S 135 FT of ran of N 1/2 Of 4914 TAt8GT R0 S NE 1/4 OF SE 0/4 LT E of CO no 480 REMON,WA 98055 PARCEL 13 K.C. TAX ACCT 8312305.9095-08 197.320.80 5,170.01 ERVN E.YOOw W 1040 FT Of Mail•FOR ofS 1/4 OF 1501 S.EAGtDIDGE OR 1/LJ OF SE 1/4 LT at OF c0 mo No 80 RD(TON,WA 98055 KJrOYVN Af KDrt•ROIToN RO LESS S 124 FT LESS E 100 FT T140f PER KC WART MT AF/LJOA11On NO 873047 APPR3vm SEPTDME 114.1977 AelTOTAL ASSESSMENT IPAR63s 1•13: Straw PARL AT 530,990.40 sOUARE Fat val.NAVE • 70,309.78 AU•13.913.84 II 11E TOTAL COST TO DEVELOP nil SYSTEM 1 0 LESS 15%HANDUNG FEE 10,565.48 TOTAL COST RECOVERY DUE DEVELOPER 59,714.30 H:IDi'ion.elP6TS\Techrwee.Fer\PropeeMenrfl.doc e.r... 1._ v O 94-001 Summit Park Water Latecomers L.... ._ S4st1/_ I I ) i 4 1 ie, S 45 kiall rr=5oo. i i\cc, cv 1 1 cl 1;° 1 mr,7, ,.. L.J. a) 51st o Cr) 1 S 55th St 14,e).(,,ii - y Section 31, Towrnhip 23N, Rasp. 5E 1 I r—\ Technical MacOni eServicsil/ PR.lcavng/& ii nocs lw ks f// Later Charge Area Summit Park Plat Latecomers Boundary 27 February 1995 New 12" Wat.rmais Berton Cty Lirsfts i y}s .',fir. p• F,0,..' . 'yk t :• r 4• *_ zt y .,yvi 4 e aaenar • 1 f i _ i:,:, .iY&n:,r::., .. - tlt•4;,:, 4- a a • 11.:.....:1:i ' y a t e After Recording Mail To: KEYBANK NATIONAL ASSOCIATION ll Real Estate Division rl Mailcode WA-31-10-5285 4s. 700 Fifth Avenue,52nd Floor Seattle,WA 98104.5099 Attn: Bonnie Menzies v: Loan No.3113579921 1.•-'34_, DEED OF TRUST,ASSIGNMENT OF RENTS AND LEASES A * AND SECURITY AGREEMENT kl x 1•• Itt SECURITY FOR CONSTRUCTION LOAN) sS•QU pq 5 g it% FDCTURE FILING) CHIC ),y0.g REF# 7/h7 s'.> ge Covershe.t Recording Information: N GRANTOR: SPRINGBROOK,L.L.C.,a Washington limited liability company C r' lY• ' 'GRANTEE: KEYBANK NATIONAL ASSOCIATION,a national Ai. banking association GRANTEE CHICAGO TITLE INSURANCE COMPANY Y^I trustee) f$ . LEGAL Parcel A: A portion of the Southeast quarter of the r 1 DESCRIPTION Southwest quarter of Section 31,Township 23 North, t°,`' rr"` Range 5 East; a. Parcel B: A portion of the Southwest quarter of the r72. Southeast quarter of Section 31,Township 23 North, 1. Range 4 East. k.• The complete legal description is on Exhibit A. ASSESSOR S PROPERTY TAX PARCEL ACCOUNT NUMBERS: 4" 312305-9115-04&312305-9023-05 i`R THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, AND 1t1".•4- SECURITY AGREEMENT('Dad of Truer)is made this 12d. day of February,1998,by Ant Jr'' 0. C r•• b- F, y aa7"F"sA'{,Kitr' k 7.ef ';} _ -Id.f 1. S S+ems,+-4YS *. • ^f xF. laillEl J. :Ih. L,Z y,- i.. !y . IJ '{i7Y- r J. Grantor,SPRTNGBROOK, L.L.C.,a Washington limited liability company("Borrower") whose mailing address is 2821 Northup Way, Suite 250, Bellevue, WA 98004. The Trustee is CHICAGO TITLE INSURANCE COMPANY,whose mailing address is 1800 Columbia Center,701 Fifth Avenue,Seattle,WA 98104. The Beneficiary is KEYBANK NATIONAL ASSOCIATION,a national banking association,("Lender")whose mailing r t.-: address is Real Estate Division,Mailcode WA-31-10.5285,700 Fifth Avenue,52nd Floor, it' 'F Seattle,WA 98104-5099. i For purposes of Article 9 of the Uniform Commercial Code (RCW 62A.9), this Deed of Trust constitutes a Security Agreement with the Borrower being the Debtor and the Lender being the Secured Party. This Deed of Trust also constitutes a Financing Statement filed as a fixture filing pursuant to Article 9 of the Uniform Commercial Code, RCW 62A.9-402(6). In consideration of the loan ("Loan") evidenced by the Note described below, 7'. Borrower hereby irrevocably GRANTS, TRANSFERS, CONVEYS and ASSIGNS toA`: Trustee,IN TRUST,WITH POWER OF SALE,all of Borrower's present and future estate, CP right,title,claim,and interest,either in law or in equity,in and to the following property 4, ("Propel-hi): r, „• vy a) The real property described on Exhibit A,all rights to the alleys,streets r t' and roads adjoining or abutting the real property, all easements, access, air and F F r i development rights, minerals and oil, gas and other hydrocarbon substances, water, S; A water rights and water stock, and all other rights, here±itaments, privileges, and ti i CO appurtenances now or hereafter belonging or in any way appertaining to such real ct property("Lands. r5 '--b) All buildings,improvements and tenements now or hereafter located on a, the Land ("Improvements"), including without limitation all fixtures and articles of wee property attached to, or used or adapted for use in the ownership, development, operation or maintenance of the Land and Improvements(whether such items are leased, 4 C f owned,or subject to any tide-retaining or security instrument);all heating,cooling,air- conditioning. ventilating,refrigerating, plumbing,generating,power, lighting, laundry, rj.'' maintenance, incinerating,lifting,cleaning,fire prevention and extinguishing,security t and access control, cooking,gas, electric and communication fixtures, equipment and r'r' apparatus;all engines,motors,conduits,pipes,pumps,tanks,ducts,compressors,boilers, water heaters and furnaces; all ranges, stoves, disposals, refrigerators and other y f.- appliances; all escalators and elevators, baths, sinks, all cabinets, partitions, mantels, I.tt• built-in mirrors, window shades,blinds,screens,awnings,storm doors, windows and sash;all carpeting,underpadding,floor covering,panelling,and draperies;all furnishings ri•.. of public spaces,halls and lobbies;and all shrubbery and plants. All such items shall be h1i deemed part of the Land and not severable wholly or in part without material injury to the freehold. c , ia„ Y 1 TS.SI i„ =•: -'- ---J, r4.3 LM1J 1 - 9 '.c.g} V... ram. t3C; t,- f44. a I r ri M at gt'i= Yd ".`xs ,ir,•:,--s4y r. • i' r ' A r.V.Wi._ lye, 1+'•- t zz•. ` may.. _ i. r', a . g 72_ vti,j : Y !r '1, - 7 1 k., 2 I 71 f. - a:._ i.••• v:{4.'r• iT:. ,i. .. .•:i-.,t,: . 1 ti 'f•+{Z'R'}J #w tr. - c) All of the present and future rents,revenues,issues,profits and income of the Land and Improvements,and all present and future leases and other agreements for the occupancy or use of all or any part of the Land and Improvements, including i} without limitation all cash or security deposits,advance rentals and deposits or payments of similar nature,and all guarantees of tenants'or occupants' performance under such leases and agreements. l r t r!, d) All tangible and intangible personal property now or hereafter used or i` acquired in connection with the ownership,development operation or maintenance of n?. the Land and Improvements, including without limitation all furniture, furnishings, ti+ft<.i, equipment,supplies,and other goods, wherever located,whether in the possession of Y 0 Borrower,warehousemen,bailee,or any other person;all site plans,plats,architectural i plans,specifications,work drawings,surveys,engineering reports,test borings,market i4. surveys, and other similar work products; all permits, licenses, francluses, and trade c ,. names; all contract rights (including without limitation all architectural, construction, ff- engineering, consulting, and management contracts, all insurance policies, and all t•{'-- performance, payment, completion and other surety bonds); and all claims, causes of 1-'+> action, warranties, accounts receivable, escrow accounts, insurance policies, deposits ti including tax,insurance and other reserves), instruments, documents of title, general intangibles,and business records. F''•: e! e) All present and future monetary deposits given to any public or private 1.0 utility with respect to utility services furnished to the land or the Improvements. 5 '4 r4 f) All proceeds(including claims and demands therefor)of the conversion, ell voluntary or involuntary,of any of the foregoing into cash or liquidated claims,including gr jt s C) without limitation the insurance proceeds and condemnation awards. L} f a, g) All proceeds of the foregoing. TO SECURE THE FOLLOWING("Secured Obligations"): 3t;IX. 1) Payment of the sum of TWELVE MILLION EIGHT HUNDRED NINE THOUSAND NINETY-EIGHT DOLLARS($12,B09,098),with interest thereon,according 1,f4t to the terms and provisions of two promissory notes(Mote A"in the principal amount of 12,000,000 and"Note B"in the principal amount of S809,098)(collectively the"Note")of 10. even date,made by Borrower and payable to Lender-1.tie r+ 2) Payment of all other sums which are or may become owing under the Loan Documents. r i 3) Performance of all other obligations under the Loan Documents. 4' 4) Any and all obligations of Borrower to Lender under or related to any Rate 1(4.-T` Swap Transaction entered into between Lender and Borrower, including without s4ift 3-L—. s!t r ..•-' 1r **;. ice._ .aerr•} . -. .'T m :;t3s +.a a..3;.‘ e-x:- ,-fir.¢ Y 41 Tt',:' '' Y , r.1%.' r' a : .5. Vt-1 tom: E- y -4." , r xs . _ r t Ywy+V,f Y: - rl Atcj'' p S ytx' :1.4. -- ; dr •• YL y ."7 ..' T r r r f ry;x ic+`-ctil ty M1 a e Y^ itsN•-..-1'Lf ti r - _ -... .- .. c..rr .s.. l l r iii Ii*- YfiiiWliYMl i f -y;r' yS.:','i,c 'iitka!i. y.+V ,.5f103. r =•AT"7i.j;It:c+i t 1..:•a R: limitation any payments on Early Termination under any Swap Agreement or Confirmation. Capitalized terms used in this subsection(4)are defined in the 1991 ISDA i.,- r Definitions,published by the International Swap Dealers Association,Inc. a tea: As used herein,the term"Loan Documents"means the Note,this Deed of Trust, k, any Loan Agreement("Loan Agreement") between Lender and Borrower of even date r herewith,all related documents and instruments(except the Indemnity Agreement),and i.:. r r anor, y and all modifications,extensions,renewals and replacements thereof. The Secured 1 1• : Obligations may be indexed,adjusted,renewed or renegotiated. sr.' i ;y'BORROWER HEREBY REPRESENTS, WARRANTS, COVENANTS AND a, .its AGREES AS FOLLOWS:, ARTICLE I t v Z; TITLE AND USE I -nl it5r 1.1 Warranty of Title. Borrower warrants,represents,covenants and agrees I. gr as follows: (a)Borrower holds marketable title to the Property with the full right and g power to grant,convey and assign the Property. (b)The Property is free from liens, d encumbrances, exceptions and other charges of any kind whatsoever, except for the iti`)'Gp Permitted Exceptions. (c)No other lien or encumbrance,whether superior or inferior to Y 'N this Deed of Trust,shall be created or suffered to be created by Borrower without the x`.' s4 prior written consent of Lender. (d)No default on the part of Borrower or any other person exists under any of the Permitted Exceptions and allPermitted Eofthe xceptions aaF CI are in full force and effect and in good standing,without modification. (e)Complete and 0 current copies of the Permitted Exceptions have been furnished to Lender,and none of r M1sy y them have been or will be modified by Borrower without Lendef s prior written consent. f)Borrower shall fully comply with all the terms of the Permitted Exceptions and shall 1.,, 4. deliver to Lender a copy of all notices delivered in connection with the Permitted g. Exceptions. (g)Lender has the right to contact the other parties to the Permitted 1.. Exceptions to confirm the status thereof,and Borrower shall,from time to time,at the request of Lender, request of such parties a certificate confirming such information regarding the Permitted Exceptions as Lender may request (h)Borrower shall forever warrant and defend the Property unto Lender against all claims and demands of any 7. other person whatsoever,subject only to non-delinquent taxes and assessments and the tc Permitted Exceptions. As used in this Deed of Trust,"Permitted Exceptions"means the f.' exceptions to title to the Prupr,ty set out in Schedule B of the policy of title insurance issued to Lender with respect to this Deed of Trust r; f• 1.2 Non-Agricultural Use. Borrower represents and warrants to Lender that A. thethe Property is not used principally for agricultural or fanning purposes. JY - 1 T". 4- A .0- 4.4 e!„tr e n"< s ' by 4wiw._ ni nw T.i..{., 1e .--i.10,.1. 5y .i o-, ra`'i!+. z` ' r y, ` e'- Y1 a ; mow" t,rr •.. r. 1. 6 "' f r A Y. 0it : ihi!! ryY 1Ry..• 1.3 Hazardous Substances. a) Representations and Warranties. Borrower represents and rfil?_. warrants to Lender,to the best of its knowledge after due inquiry and inspection,that(i) no asbestos has ever been used in the construction, repair or maintenance of any improvements; (ii) no Hazardous Substance is currently being generated, processed, y,x stored, transported, handled or disposed of, on, under or in the Property, except in accordance with all applicable laws,(iii)neither Borrower nor any other person or entity7 has ever caused or permitted any Hazardous Substance to be generated, processed, i' • stored, transported, handled or disposed of on or under the Property, except in rr•l. compliance with all applicable laws, (iv) there is no actual or alleged violation with e.e. respect to the Property of any federal,state or local statute,ordinance,rule,regulation or Y 1 other law relating to Hazardous Substances, and (v) there is no action or proceeding pending or threatened before or appealable from any court, quasi-judicial body or tP; administrative agency relating to Hazardous Substances affecting or alleged to be affecting the Proper ty. s'?r b) Covenant. Borrower covenants and agrees that Hazardous ti• Substances shall not be generated,processed,stored,transported,handled or disposed of on the Property by any person or entity,except in accordance with all applicable laws. i'Lf Ili y?. GD c) Definition. "Hazardous Substance"means any substance whichNnoworhereafterbecomesregulatedunderanyfederal,state or local statute,ordinance,• t rule, regulation or other law relating to environmental protection, contamination or yt..;; cleanup. e %. d) Notification;Cleanup. Borrower shall immediately notify Lender A.. if Borrower becomes aware of (i) any Hazardous Substance problem or liability with 4+ s.:--S'# respect to the Property,(ii)any actual or alleged violation with respect to the Property of 1' any federal, state or local statute, ordinance, rule, regulation or other law relating to r._: Hazardous Substances, or (iii) any lien or action with respect to any of the foregoing. Borrower shall,at its sole expense,take all actions as may be necessary or advisable for SR the cleanup of Hazardous Substances with respect to the Property, including without h1', limitation, all removal, containment and remedial actions in accordance with all ell' applicable laws and in all events in a manner satisfactory to Lender,and shall further pay c tyt or cause to be paid all cleanup,administrative and enforcement costs of governmental yt•,f agencies if obligated to do so by contract or by law. a' e) Right of Entry. Lender is hereby authorized to enter the Property, including the interior of any structure,at reasonable times,and after reasonable notice, 4 r ' r for the purpose of inspecting the Property to determine Borrower's compliance with this paragraph. tot r`: . 3k t "+ sc w itos r•, eez .;i ram; Wiz" 3• Y•JJf ay ,I..1.A y7 w ra' T. fop. ...M ray 1 n. ...-r=.YasW +.ati.ar:r....+,.._ 14iarA ARTICLE II i BORROWER'S COVENANTS 2.1 Payment and Performance of Secured Obligations. Borrower shall pay when due all sums which are nos or which may become owing under the Note,and shall kt , ; pay and perform all other Secured Obligations in accordance with their terms. r fkc .- 2.2 Payment of Taxes,Utilities,Liens and Charges. i7;7c ro,,;,;, a) Taxes and Assessments. Except as the same may otherwise be If- paid under Artide Ill,Borrower shall pay when due directly to the payee thereof all taxes r," and assessments(including without limitation,non-governmental levies or assessments such as maintenance charges,owner association dues or charges,or fees,levies or charges resulting from covenants,conditions or restrictions)levied,assessed or charged against or with respect to the Property or this Deed of Trust. Upon request, Borrower shall r - promptly furnish to Lender all notices of amounts due under this subparagraph and all receipts evidencing such payments. u x. b) Utilities. Borrower shall pay when due all utility charges and assessments for services furnished the Property. c) Labor and Materials. Borrower shall pay when due the claims of all persons supplying labor or materials to or in connection with the Property.Y• r-E: t. :.Ty. d) Liens and Charges. Borrower shall promptly discharge any lien, encumbrance,or other charge,whether superior or inferior to this Deed of Trust,which may be claimed against the Property; provided that Borrower shall have the right to v' contest the amount or validity in whole or in part of any lien, encumbrance or other y'' charge against the Property by appropriate proceedings conducted in good faith and with r w: due diligence, in which event Borrower, upon prior written notice to Lender, may ItT postpone or defer payment of such lien,encumbrance or other charge so long as(i)such proceedings shall operate to prevent the collection of the lien, encumbrance or other charge; (ii) neither the Property nor any part thereof will, by reason of such postponement or deferment,be in danger of being forfeited or lost and(iii) Borrower, t"' before the date such lien,encumbrance or other charge becomes delinquent,gives such rc' reasonable security as may be requested by Lender to ensure payment thereof and d up prevent any forfeiture or loss of the Property or any part thereof. r:7..: e) Taxes,Assessments and Other Charges Imposed on Lender. If,at w C any time after the date of this Deed of Trust,any law is enacted or changed (including any interpretation thereof) which subjects Lender to any increase in any tax (except 0 federal income taxes),assessment,or other charge,in arty form measured by or based on 0 any portion of the indebtedness secured by this Deed of Taut.Borrower shall pay such 17, increased amount to Lender an demand;provided that if any such payment would be W• E Yam. ay_# f. . 11 wt. ;'Stif e r' w i unlawful,Lender may declare all accrued interest and the entire principal balance of the Note immediately due and payable. 2.3 Insurance. 4.}• a) Coverages Required. Borrower shall keep the following insurance 7 :_y coverages in effect with respect to the Property: s„ t, 1) Insurance against loss by fire and the hazards now orv:. 3'.1- hereafter embraced by the standard"All Risk"form of insurance,in an amount equal at 1J' all times to the full insurable value of the Improvements. AU such insurance coverage shall contain a "replacement cost indorsement" without reduction for depreciation,and 4 •• shall also contain loss of rents and/or business interruption insurance coverage, a t fluctuating value indorsement with a waiver of the co-insurance clause (or an agreed amount indorsement with an inflation guard indorsement),and shall contain such other f; ? indorsements as Lender may reasonably request. All such indorsements shall be in form • if and substance satisfactory to Lender. w 2) Comprehensive public liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Property in amounts and on terms acceptable to the Lender. 3) Flood insurance in an amount satisfactory to Lender and on11.7' ra, terms satisfactory to Lender if the Land is located in a designated flood hazard area. n i'r'`, ey 4) Rental and/or business interruption insurance for a period JAtr'. CI of not less than twelve months in amounts and otherwise on terms satisfactory to Lender. N p 5) Insurance against such similar or other hazards,casualties, liabilities and contingencies, in such forms and amounts, as Lender may from time to i C) time reasonably require. f S i b) Policies. Each insurance policy shall be with a company and in a i. form acceptable to Lender. Each hazard insurance policy shall include a Form 438BFU or r,. equivalent mortgagee indorsement in favor of Lender. Each liability insurance policy shall name Lender as an additional insured. AU required policies will provide for at least ten(10) days' written notice to Lender prior to the effective date of any cancellation or material amendment,which term shall include any reduction in the scope or limits of l,+ coverage. Borrower shall furnish to Lender the original of each required insurance t f policy,or a certified copy thereof together with a certificate of insurance setting forth the r coverage,the limits of liability,the carrier,the policy number and the expiration date. As f •- secunty for the Secured Obligations, Borrower hereby assigns to Lender all required insurance policies, together with all proceeds thereof, rights thereto and all unearned a premiums returnable upon cancellation. 7_ od >.yti.1 ..' Gr .:rill;' - s m a'. v " . r 'g picl - M1.. . , rz a t rfroy,lf-(c, 4tf. y t asssmsr a c) Payment;Renewals. Borrower shall promptly furnish to Lender all renewal notices relating to insurance policies.Except as the same may otherwise be paid under Article III,Borrower shall pay all premiums on insurance policies directly to the i carrier. At least thirty(30)days prior to the expiration date of each such policy,Borrower shall furnish to Lender a renewal policy in a form acceptable to Lender, together with evidence that the renewal premium has been paid. d) Application of Insurance Proceeds. In the event of anyloss,r s44' PP G' is " Borrower shall give prompt written notice thereof to the insurance carrier and Lender.rY Borrower hereby authorizes Lender as Borrower's attorney-in-fact to make proof of loss, rM ' to adjust and compromise any claim,to commence,appear in and prosecute,in Lender's t,p or Borrower's name,any action relating to any claim,and to collect and receive insuranceEfproceeds;provided,however,that Lender shall have no obligation to do so. Lender shall apply any insurance proceeds received by it hereunder first to the payment of the costs tiincurredandexpenses in the collection of the proceeds and then,in its absolute discretion and without regard to the adequacy of its security,to: IN 1) The payment of the Secured Obligations,whether then due and payable or not. Anysuch application ofproceeds toprincipal on the Note shall bePYPP t without the imposition of any prepayment fee otherwise payable under the Note, but 1 shall not extend or postpone the due dates of the installment payments under the Note,or TT., change the amounts thereof;or t• it 0 2) The reimbursement of Borrower,under Lender's prescribed t 4 disbursement control procedures,for the cost of restoration or repair of the Property. In Lender may,at its option,condition the reimbursement on Lender's approval of the plans 04+4 Pi and specifications of the reconstruction,contractor's cost estimates,architect's certificates, i. k4 IV i' k waivers of liens, sworn statements of mechanics and mate'ialmen, and such other a evidence of costs,percentage completion of construction, application of payments and 44 n M satisfaction of liens as Lender may reasonably require. r L Except to the extent that insurance proceeds are applied to payment of the Secured fr Obligations, nothing herein contained shall be deemed to excuse Borrower from j restoring,repairing or maintaining the Property as provided in paragraph 24,regardless t; _ of whether or not there are insurance proceeds available or whether any such proceeds 1';r, are sufficient in amount. i,,,,t e) Borrower's Direction of Application of Insurance Proceeds. I.f,. Notwithstanding the provisions of paragraph 2.3(d),Borrower,rather than Lender,shall have the right to direct the asuranceroceeds yured Obligations or to repair or restorationpplication ofofthein Propertyp upon satisfact to paionmentofofthethefollowing a conditions: 1.' ' 1) There is then no Event of Default nor any event or conditionn which would be an Event of Default if not cured within the time allowed. n ' 8- a i rav, 4 yam:. ry..•--.~uJsi at. 7 aaav: ... 1 A119 ` i-ri'' r tic 3`t-, S }' • iii .,,..,:-... r .7.y4 e st1 i t r-`fact ` t• a__ 1 2) If the proceeds are to be applied against the Secured Obligations,the proceeds shall be sufficient to pay the Secured Obligations in full. f 3) If the proceeds are to be applied to repair or restoration then in addition to the matters required under paragraph 2.3(d)(2)above, Lender shall have approved each of the following with respect to the repair or restoration: (a)the y; -- construction contract,and if required by Lender,payment and performance bonds with 1'- dual obligee rider; (b)evidence that the insurance proceeds are adequate to restore the Property to its condition immediately prior to the casualty, and if insufficient, the 4rt k deficiency shall be deposited with Lender for disbursement prior to disbursement of AO • insurance proceeds; (c)evidence that Borrower has funds sufficient to pay operating M` expenses,taxes,debt service,and other carrying costs of the Property through the period 4'-.cs of repair or restoration;(d)evidence that upon such repair or restoration the Property will i :ia be in compliance with all applicable laws,ordinances and regulations;(e)evidence that 1,4 such repair or restoration of the Property will be completed at least thirty(30)days before h' the current maturity date under the Note;and (f)evidence that upon the completion of Tr.;,;., any such repair or restoration the Property will produce sufficient income and be of k* sufficient value to be adequate security for the Secured Obligations. 4) Each disbursement shall be made in accordance with and t . subject to the provisions of Lender's standard form Construction Loan Agreement.t o••:t• 47 5) Borrower shall execute and deliver to Lender such g 1 additional security documents and instruments as Lender deems necessary to continuetyandtoperfectLender's security interest in the Property. r ktM! C! f) Transfer of Title. If the Property is sold pursuant to Article IX or if ts;,9r. C' Lender otherwise acquires title to the Property,Lender shall have all of the right,title and k..•, 0 interest of Borrower in and to any insurance policies and unearned premiums thereon c',-rr' and in and to the proceeds resulting from any damage to the Property prior to such sale Zw or acquisition. 2.4 Preservation and Maintenance of Property;Right of Entry. s.cn•isb a) Preservation and Maintenance. Borrower represen and warrants i ' represent and the Improvements are free from damage caused by fire or other casualty. Borrower 7.,'.. shall(i)not commit or suffer any waste or permit any impairment or deterioration of the Property,(ii)not abandon the Property,(iii)restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original i condition,or such other condition as Lender may approve in writing,in the event of any 4. damage,injury or loss thereto,whether or not insurance proceeds are available to cover N, ei in whole or in part the coats of such restoration or repair, (iv) keep the Property, including improvements,fixtures,equipment,machinery and appliances thereon,in good condition and repair and shall replace fixtures,equipment, y and appliances of x, r ; l1Rr -!7' J Lv '+ ;'i:tir l'-'44:1 y E1LYhK'-I tr I y ififO iFa . r - oi, .• y . Li l K lei f IC MFfY_x i H :.,. f r:. h— the Property when necessary to keep such items in good condition and repair,and (v) generally operate and maintain the Property in a commercially reasonable manner. b) Alterations. None of the Improvements shall be structurally ie"-`" altered, removed or demolished, in whole or in part, without Lender's prior written r.ri consent,nor shall any fixture or chattel covered by this Deed of Trust and adapted to the o-r:-: use and enjoyment of the Property be removed at any time without like consent unless T- actually replaced by an article of equal suitability which is owned by Borrower free and r clear of any lien or security interest. i• i 5' c) Right of Entry. Lender is hereby authorized to enter the Property, including the interior of any structures,at reasonable times and after reasonable notice,sI for the purpose of inspecting the Property to determine Borrower's compliance with this paragraph. n 1 ' 2.5 Parking. If any part of the automobile parking areas included within the 4411. Property is taken by condemnation,and before the parking areas are diminished for any other reason,Borrower shall take all actions as are necessary to provide parking facilities fit in kind,size and location to comply with all governmental zoning and other regulations S and all leases. Before making any contract for substitute parking facilities,Borrower shall 1.al furnish to Lender satisfactory assurance of completion thereof free of liens and in nconformity with all government zoning and other regulations. i t t`wil 2.6 Use of Property. Borrower represents and warrants to Lender that the cl vai Land,the Improvements,and their intended use by Borrower comply with all applicable yy,,__t g CV restrictive covenants, zoning and subdivision laws, ordinances, regulations and legal C., O requirements, building codes,flood disaster laws,applicable health and environmental 3:fie.ir laws and regulations and all other laws, ordinances, regulations, orders and legal R 01 4's requirements issued by any state, federal or municipal authority having or claiming jurisdiction over the Property. Borrower shall comply with all laws, ordinances, f' regulations and requirements of any governmental body, and all other covenants,•:'=' conditions and restrictions applicable to the Property and its intended use,and pay all 141, r,• fees and charges in connection therewith. Unless required by applicable law or unless Lender has otherwise agreed in writing,Borrower shall not allow changes in the use for r-"P. which all or any part of the Property war intended at the time this Deed of Trust was r t,executed. Borrower shall not initiate or acquiesce h a change in the zoning classification of the Property without Lender's prior written consent. i 2.7 Condemnation. ram a) Proceedings. Borrower shall promptly notify Lender of any action e4t or proceeding relating to any condemnation or other taking(including without limitation i any change in the grade of the Property),whether direct or indirect,of the Property or part thereof or interest therein,and Borrower shall appear in and prosecute any such action or proceeding unless otherwise directed by lender in writing.Borrower authorizes 1 to_ y, y F 1 3 R Y. Y.?641E M-x 4 z is r i s as• • t 4,, 4^^,}"6Y1,j#.4k' L i '.,, . Lender,at Lender's option,as attorney-in-fact for Borrower,to commence,appear in and prosecute,in Lender's or Borrower's name,any action or proceeding relating to any such condemnation or other taking,and to settle or compromise any claim in connection with such condemnation or other taking. All awards, payments, damages, direct, 4, consequential and otherwise,claims,and proceeds thereof,in connection with any such t{r condemnation or other taking,or for conveyances in lieu of condemnation,are hereby i K`.- assigned to Lender,and all proceeds of any such awards,payments,damages or claims shall be paid to Lender. V,rr. b) Application of Condemnation Proceeds. Lender shall apply any such proceeds in the manner and upon the terms and conditions set forth in paragraph kcs 2.3(d)relating to the application of insurance proceeds.I ' r 2.8 Protection of Lender's Security. Borrower shall give notice to Lender of c'-'' and shall appear in and defend any action or proceeding that may affect the Property,the y interests of Lender or Trustee therein, or the rights or remedies of Lender or Trustee x•', under the Loan Documents. If any such action or proceeding is commenced,or Borrower i fails to perform any of the Secured Obligations, Lender or Trustee may,at their option, i make any appearances,disburse any sums,make any entries upon the Property,and take y k' any actions as may be necessary or desirable to(i)protect or enforce the security of this Deed of Trust,(ii)remedy Borrower's failure to perform the Secured Obligations(without i waiving such default by Borrower), or (iii) otherwise protect Lender's or Trustee's s:‘ interests. Borrower shall pay all losses,damages,fees,costs,and expenses incurred by j,. n Lender and Trustee in taking 1 such actions;including without limitation reasonable legal 1 a,, fees. l; l,,.14 2.9 Reimbursement of Lender's and Trustee's Expenses. All amounts t1ti: ir40,1 disbursed by Lender and Trustee pursuant to paragraph 2.8 or any other provision of this 1 • 0 Deed of Trust or the other Loan Documents, with interest thereon at the default rate R" co provided in the Note from the date of disbursement until repaid, shall constitute a t+% so Secured Obligation. All such amounts shall be immediately due and payable and bear a interest from the date of d i,bursement at the lesser of the default rate under the Note,or the maximum rate permitted by law. r,r t;"'.If 2.10 Books and Records. Borrower shall keep and maintain at Borrower's er address stated above,or such other place as Lender may approve in writing,books of account and records adequate to reflect correctly the results of operation of the Property and copies of all written contracts,leases and other documents affecting the Property. Such books, records, contracts, leases and other documents shall be subject to f examination,inspection and copying at any reasonable time by Lender. Borrower shall furnish to Lender,within twenty(20)days after Lender's request therefor,the following k documents, each certified to Lender by Borrower as being true,correct and complete: a)copies of all leases and other agreements for occupancy or use of all or any portion of7. a. the Property,(b)a rent roll for the Property,showing the name of each tenant,and for ari' each tenant, the suite occupied,the number of sque feet rented,the lease expiration 1t rt'- i 411 t:A mar hri xt r 'd F' , ' f. I AL. ti • date,the rent payable, the date through which rent has been paid, the amount of any security deposit,and the number and term of any renewal options,(c)copies of the most recent real and personal property tax statements for the Property,and (d)copies of the most recent statements for the insurance coverage maintained pursuant to this Deed of r. Trust. t'Sit• 2.11 Operating and Financial Statements; Tax Returns. Borrower shall N,:: provide to Lender within sixty(60)days after the end of each calendar year,a detailed R. statement of income and expenses of the Property for the prior year and current financial C1.1 statements of Borrower and each guarantor. If required by Lender,Borrower shall also provide monthly operating statements within thirty (30) days after the end of each rR calendar month. Borrower and each guarantor shall provide updated financial statements within twenty (20) days after receipt of Lender's written request. The operating statements and financial statements shall be certified by Borrower or guarantor, a . and,if required by Lender,compiled,reviewed or audited by an independent certified public accountant in accordance with generally accepted accounting principles t '4: consistently applied. Within ten (10)days after filic,g,Borrowe' .hall provide Lender with copies of the federal income tax returns of Borrower and each guarantor. ARTICLE DI i RESERVES i rt!` f• 3.1 Deposits. If required by Lender, Borrower shall,at the time of making 7;, 1.. sal each monthly installment payment under the Note, deposit with Lender a sum, as i'_. u; Cl estimated by Lender, equal to (i) the taxes and special assessments next due on the i l Property,and(ii)the premiums that will next become due on insurance policies as may ti'-'a+:• p be required under this Deed of Trust,less all sums already deposited therefor,divided by CD the number of months to elapse before two(2)months prior to the date when such taxes, special assessments and premiums will become delinquent Lender may require Borrower to deposit with Lender, in advance, such other sums for other taxes, 1 A•Ii. assessments, premiums, charges and impositions in connection with Borrower or the t. tvrPropertyasLenderreasonablydeemsnecrry to protect Lender's interests (`Other Impositions"). Such sums for Other Impositions shall be deposited in a lump sum or in y' periodic installments,at Lender's option. If required by Lender,Borrower shall promptly deliver to Lender all bills and notices with respect to any taxes,assessments,premiums r' and Other Impositions. Unless Borrower and Lender otherwise agree in writing,Lender shall not be required to pay Borrower any interest,earnings or profits on any sums Id,* deposited with Lender. All suns deposited with Lender order this paragraph 3.1 are St:•r.+•'3: hereby pledged as security dot the Secured Obligations. 4i 3.2 Application ofDeposits. All such deposited sums shall be held byLenderrt':. Pp ePo+ o and applied in such order as Lender elects to pay such taxes,assessments,premiums and Other Impositions or,upon any Event of Default,may be applied in whole or in part,to iSe curedthe Obligations. The arrangement provided for in this Article III is solely for the j 12 eS r Res,,-• ` a ° • a . r t•.:-` i i..:a st 5,_•t<r i rf I 1 added protection of Lender and entails no responsibility on Lender's part beyond the allowing of due credit,without interest,for the sums actually received by it Upon any assignment of this Deed of Trust by Lender,any funds on hand shall be turned over to the assignee and any responsibility of Lender with respect thereto shall terminate. Each is transfer of the Property in accordance with Article IV below shall automatically transfer j•s '' to the transferee all rights of Borrower with respect to any funds deposited hereunder. f,",t:? Upon payment in full of the Secured Obligations, Lender shall promptly refund to Borrower the remaining balance of any deposits then held by Lender. r•. it'.'..,-3.3 Adjustments to Deposits. If the total deposits held by Lender exceed the tr amount deemed necessary by Lender to provide for the payment of such taxes, assessments, premiums and Other Impositions, such excess shall, provided there is no z Event of Default or any event which would constitute an Event of Default if not cured st:, within the time allowed, be credited by Lender on the next due installment or St installments of such deposits.If at any time the total deposits held by Lender are less than a "` the amount deemed necessary by Lender to provide for the payment of such taxes, e.. .4 assessments, premiums and Other Impositions, Borrower shall promptly deposit the s deficiency with Lender after receipt of written demand from Lender. 3.4 Conditional Waiver. Notwithstanding the foregoing, Lender shall not require the payment of reserves as provided in this Article until a delinquency occurs in t the payment of such taxes, assessments, premium and Other Impositions, or until the 1 sl 44 occurrence of an Event of Default. t a_a ARTICLE IVf_- ri RESTRICTIONS ON TRANSFER OR ENCUMBRANCE 1s, v a.l 4.1 Restrictions. Neither the Property nor any part thereof or interest therein mot. NI shall be encumbered, sold (by contract or otherwise), conveyed, leased (except as z) provided in Article VI), or otherwise transferred by Borrower; nor shall there be any f `+ l'j change in (i) the ownership or control of any membership interest in Borrower if• t r Borrower,or(ii)the ownership or control of any stock,membership interest,any general partnership interest or any other beneficial interest in any corporation, partnership or j,_ other entity that has an ownership interest in Borrower. Any such action withouts t+.,n Lender's prior written consent shall be deemed to increase the risk of Lender,and shall constitute an Event of Default if not corrected within five(5)days after Lender's delivery I of written demand to Borrower. Lender may,in its sole discretion,consent to any such action subject to such terms and conditions as Lender may require, including without i limitation the payment of a transfer review fee,an assumption fee of one percent(1%)of e. the principal balance of the Note,and an increase in the interest rate of the Note. 4.2 Exceptions. Notwithstanding the restrictions in Section 4.1 above, transfers of membership interests in Borrower or of any stock,membership interest,any general partnership interest, or any other beneficial interest in any corporation, Ili: it'_v 13- r"r-1 ii0. r y r ir' f Y VF r u• h: t vayt n T r S . .r.a- rY 7-y-T•''M t , ; t y t S v.9• -t, 3 : •' 3_ /rot.k, .: ,[ `h i`..-'f'' " "" Vws tiE•i'.! v.-. i.4i YC• 6A/• S,V,t44•4i 2=5?-• y T partnership or other entity that has an ownership interest in Borrower by reason of death shall not be prohibited hereunder and transfers of membership interests in Borrower or of any stock,membership interest,any general partnership interest,or any other beneficial t interest in any corporation,partnership or other entity that has an ownership interest in Borrower shall be permitted upon prior written notice to Lender so long as after such transfer,John F.Buchan is in control of Borrower. tf . a ARTICLE V a'•. g UNIFORM COMMERCIAL CODE SECURITY AGREEMENT k'5-1 Grant to Lender. This Deed of Trust constitutes a security agreement nor . pursuant to the Uniform Commercial Code with respect to: a) Any of the Property which, under applicable law, is not real a;;s property or effectively made part of the real property by the provisions of this Deed of ir Trust;and b) Any and all other property now or hereafter described on any 4, _- . Uniform Commercial Code Financing Statement naming Borrower as Debtor and Lender a<'as Secured Party and affecting property in any way connected with the use and enjoyment of the Property(any and all such other property constituting"Property" for purposes of this Deed of Trust); it a •- ti, 'and Borrower hereby grants Lender a security interest w all property described in clausest' ft u. a) and (b)above as security for the Secured Obligations. Borrower and Lender agree, N however,that neither the foregoing grant of a security interest nor the filing of any such r::-ijr. rl financing statement shall be construed as limiting the parties' stated intention that y, r) everything used in connection with the production of income from the Property, orNadaptedforusetherein,or which is described or reflected in this Deed of Trust,is and at r «•• 2 all times shall be regarded as part of the Land. al 5.2 Lender's Rights and Remedies. With respect to the Property subject to the tt '. foregoing security interest, Lender shall have all of the rights and remedies (i) of a 11'" secured party under the Uniform Commercial Code, (ii) provided herein, including r•;::, without limitation the right to cause such Property to be sold by Trustee under the power r, of sale granted by this Deed of Trust, and (iii) provided by law. In exercising its remedies, Lender mayproceed against the items of real piop=ty and any items of personal property separately or together and in any order whatsoever,without in any 4 R}; way affecting the availability of Lender's remedies. Upon demand by Lender following r. an Event of Default hereunder,Borrower shall assemble any items of personal property gt r and make them available to Lender at the Land. Lender shall give Borrower at least five 5)days'prior written notice of the time and place of any public sale or other disposition of such Property or of the time of or after which any private sale or any other intended ii , disposition is to be made.Any person permitted by law to purchase at any such sale may i'14_ y_, i.4,6: --L r. i•4 Y ere+, • ainth4.:•9 ,',` L" 4 rIc y •• pia _ S do so. Such Property may be sold at any one or more public or private sales as permitted by applicable law. ARTICLE VI ASSIGNMENT OF RENTS AND LEASES 61 Assignment of Rents and Leases. As security for the Secured Obligations, Borrower assigns and transfers to Lender and grants Lender a secunty interest in and to all right,title and interest of Borrower in and to: (a)any and all present and future leases, subleases, and other agreements for the occupancy or use of all or any part of the Property, and any and all extensions, renewals and replacements thereof ("Leases"); i -4^ rentals(b)all cash or security deposits,advance and deposits of a similar nature under the Leases; (c)any and all guarantees of tenants'or occupants' performances under any and all Leases;and(d)all rents,issues,profits and revenues("Rents")now due or which may become due or to which Borrower may now or shall hereafter become entitled or f ` may demand or claim (including Rents coming due during any redemption period), A=arising or issuing from or out of any and all Leases, including without limitation 4'%, minimum,additional,percentage and deficiency rents and liquidated damages. 6.2 Collection of Rents. Prior to any Event of Default hereunder, Borrower d' shall have a license to,and shall,collect and receive all Rents of the Property as trustee for the benefit of Lender and Borrower,apply the Rents so collected first to the payment of rt taxes,assessments and other charges on the Property prior to delinquency,second to the cost of insurance,maintenance and repairs required by the terms of this Deed of Trust, third to the costs of discharging any obligation or liability of Borrower under the Leases, Crand fourth to the Secured Obligations,with the balance,if any,to the account of Borrower Q` provided there is no Event of Default. Upon delivery of written notice by Lender to 0) Borrower of an Event of Default hereunder and stating that Lender exercises its rights to d'`-t" the Rents,and without the necessity of Lender entering upon and taking and maintaining t full control of the Property in person,by agent or by a court-appointed receiver,Lender shall immediately be entitled to pcacion of all Rents from the Property as the same become due and payable,including without limitation Rents then due and unpaid,and all such Rents shall immediately upon delivery of such notice be held by Borrower as trustee for the benefit of Lender only. Upon delivery of such written notice by Lender, f , Borrower hereby agrees to direct each tenant or occupant of the Property to pay all Rents to Lender on Lender's written demand therefor,without any liability on the part of said tenant or occupant to inquire further as to the existence of an Event of Default by Borrower. Borrower hereby authority Lander sa Borrower's away-in-fact to make r'- such direction to tenants and occupants upon Borrower's failure to do so as required herein. Payments made to Lender by tenants or occupants shall,as to such tenants and ti occupants,be in discharge of the payors'obligations to Borrower. Lender may exercise, 1; in Lenders or Borrower's name, all rights and remedies available to Borrower with respect to collection of Rents. Nothing herein contained shall be construed as obligating Lender to perform any of Borrower's obligations under any of the Leases. 04.1 15- t r Y err '` ,•„w{./-h..,.q,e -reewveea- q a, s- 49 r;,. s' r sa l ;. / .0- .-( ^ • _F ..'I'' '-.!zE,.erne:,. 2' 4s..-.s y. v ur y,G +. '+st"i:..-1-i".i:' ani h a:".•;;• 17iiii ill 7 t fvI 'r Y4.Q+ x r sl ram'.- .. .:• '.. 6.3 Borrower's Representations and Warranties. Borrower hereby represents and warrants to Lender that Borrower has not executed and will not execute any other assignment of said Leases or Rents, that Borrower has not performed and will not r,fi,` • perform any acts and has not executed and will not execute any instrument which would prevent Lender from exercising its rights under this Article VI,and that at the time of t, execution of this Deed of Trust there has been no anticipation or prepayment of any of the t, `JR Rents of the Property for more than two (2) months prior to the due dates thereof. Borrower further represents and warrants to Lender that all existing Leases are in good ii' standing and there is no default thereunder,whether by Borrower or lessee,and that,to i. Borrower's knowledge,there is no event or condition which,with notice or the passage of i re,, time or both, would be a default thereunder. Borrower shall execute and deliver to Lender such further assignments of Rents and Leases of the Property as Lender may from err,.ti' time to time request l hr" 6.4 Leases of the Property. Borrower shall comply with and observe f i Borrower's obligations as landlord under all Leases and will do all that is necessary to 3 preserve all Leases in force and free from any right of counterclaim,defense or setoff. At Lender's request,Borrower shall furnish Lender with executed copies of all Leases now 1 ' existing or hereafter made and all Leases hereafter entered into shall use a form i previously approved by Lender. All commercial Leases and tenants shall be subject to Y;.`2. Lender's prior written approval,and shall specifically provide that the tenant attoms to rjt• any person succeeding to the interest of Borrower upon any foreclosure of this Deed of CO Trust or conveyance in lieu thereof. Such adornment shall be in such form as Lender mayt.:% 1' approve and shall provide that Tenant shall not have the right of set off or defense to se PI payment of rents for any event or act that occurred prior to such successor obtaining title CI to Borrower's interest except to the extent such event or act is continuing at the time suchIti 1:-' 1'... 4. successor obtains such title. Tenant shall also agree to execute such further evidences of i i'r 0 attornment as Lender may from time to time request. Without Lender's written consent, f;y' ': is Borrower shall not (a)collect or accept payment of any Rents more than two months prior to the due dates thereof;(b)modify,surrender or terminate any commercial Lease;a. c)waive,discharge,release or modify the obligations of any tenant or other occupant of M,` the Property under any commercial Lease;or(d)request or consent to the subordination of any comurndal Lease to any lien subordinate to this Deed of Trust. Any attempted n., action in violation of this paragraph 6.4 shall be null and void. Without in any way t=-ef, limiting the requirement of Lender's consent hereunder,any sums received by Borrower i; in consideration of any termination (or the release or discharge of any lessee), r,• modification or amendment of any Lease shall be applied to reduce the outstanding Secured Obligations and any such seam received by Borrower shall be bald to mast by F=- y,, Borrower for such purpose. 6.5 Lender in Possession; Appointment of Receiver. Upon any Event rof4,: Default,Lender may,in person by agent or by a court appointed receiver,regardless of i.. the adequacy of Lender's security,enter upon and take and maintain full control of the i Property in order to perform all acts necessary and appropriate for the operation and 16- 40, hie, r, _:ate=- a •r,,.,gMy.a4: Y 9 M z': -xwe• ;n••41""S^pr c t " •• 54-01r P,• y alb f ti .1r 41,_, x • V J.YC ` 14 r •4 tY M•a h. i t 1 lP. i a5 o f • maintenance thereof in the same manner and to the same extent as Borrower could do the same, including without limitation the execution, enforcement, cancellation and modification of Leases, the collection of all Rents of the Property, the removal and eviction of tenants and other occupants, the making of alterations and repairs to the Property,and the execution and termination of contracts providing for management or r -- maintenance of the Property,all on such terms as are deemed best by Lender to protect the security of this Deed of Trust. From and after any Event of Default,if any owner of r +.: the Property shall occupy the Property or part thereof such owner shall pay to Lender in advance on the first day of each month a reasonable rental for the space so occupied,and S'. ; upon failure so to do Lender shall be entitled to remove such owner from the Property by 71 any appropriate action or proceedings. Following an Event of Default Lender shall be entitled(regardless of the adequacy of Lender's security)to the appointment of a receiver, t 44 Borrower hereby consenting to the appointment of such receiver.Said receiver may serve 11 without bond and may be Lender or an employee of Lender. The receiver shall have,in addition to all the rights and powers customarily given to and exercised by such i receivers,all the rights and powers granted to Lender in this Article VI. Lender or the s receiver shall be entitled to receive a reasonable fee for so managing the Property. 6.6 Application of Rents. All Rentz collected subsequent to delivery of f written notice by Lender to Borrower of an Event of Default shall be applied first to the t^ TP costs, if any, of taking control of and managing the Property and collecting the Rents, i".. 40 including without limitation attorneys' fees, receiver's fees, premiums on receiver's a,t bonds,costs of maintenance and repairs to the Property,premiums on insurance policies, C? taxes,assessments and other charges on the Property,and the costs of discharging any r Ci obligation or liability of Borrower under the Leases, and then to other Secured t Obligations. Lender or the receiver shall be liable to account only for those Rents actually Ci received. Lender shall not be liable to Borrower, anyone claiming under or through V,`, - Qi Borrower or anyone having an interest in the Property by reason of anything done or left undone by Lender under this Article. i set: 6.7 Deficiencies. To the extent,if any,that the costs of control of andtaking managing the Property,collecting the Rents,and discharging obligations and liabilities of i`_.• Borrower under the Leases,exceed the Rents of the Property,the excess sums expended ti" for such purposes,plus interest,shall constitute a Secured Obligation. Such excess sums i shall be payable upon demand by lender and shall bear interest from the date of r disbursement at the lesser of the default rate under the Note, or the maximum rate a.7 1: •"' permitted by law. 3E• 6.8 Lender Not Mortgagee in Possession. Nothing herein shall constitute i Lender a"mortgagee in possession"prior to its actual entry upon and taking possession of the Property. Entry upon and taking possession by a receiver shall not constitute ti• • possession by Lender. o!l' 6.9 Enforcement. Lender may enforce this assignment without first resorting to or exhausting any security or collateral for the Secured Obligations. vit 17- y w F n r+ SEMI 4--.' SSW. ,.• y ieSV , f • V a • A rr s1dy ••sezi.'3 y, -.mow - +ry ; .. ; f a, 1 r''A 0.yam M1..+tr..`..r. .,.+wa...t..... ..- .. ... Si m cl`1 7' J s f r r LY IrJ ' -,t a { t;t3 1; eRt02. r k r r«.,...-... YtSS.. i sue YJ K ARTICLE VII LOAN AGREEMENT r5-t Pii 7.1 Advances. Borrower agrees to comply with the covenants and conditions of the Loan Agreement. The Loan Agreement provides for the disbursement of loan funds with respect to the construction of Improvements on the Land and for other matters described therein. The Loan Agreement is hereby incorporated herein and made a part of this Deed of Trust All advances made by Lender pursuant to the Loan Agreement shall constitute a Secured Obligation,and such advances shall be deemed to be obligatory. Any sums advanced by Lender for the purpose of financing tenant improvements for the benefit of Borrower shall be treated as advances pursuant to the inan Agreement and shall constitute a Secured Obligation. All such sums shall bear interest from the date of disbursement at the rate stated in the Note. 7.2. Assignment of Claims. From time to time as Lender deems necessary to ri protect Lender's interest,Borrower shall,upon request of Lender,execute and deliver to Lender in such form as Lender shall direct assignments of any and all rights or claims which relate to the construction of the Improvements, and which Borrower may have j against any party supplying or who has supplied labor, materials or services in connection with the construction of the Improvements. r! Lc 7.3. Default Under the Loan Agreement Upon an Event of Default,Lenderjnmay,at its option,with or without entry upon the Property,exercise any of the rights or 1 , CI remedies provided in the Loan Agreement exercise any of the rights or remedies t: provided in this Deed of Trust,or do both. r . 7 g ARTICLE VIII 0) EVENTS OF DEFAULT h 8.1 Events of Default. Any one or more of the following is an 'Evart of Default": 1 Pi'. a) Borrower fails to make any payment under the Note,this Deed of y* • Trust,or any of the other Loan Documents within fifteen(15)days after the due date. Ai;:.:b) There is a default under any of the Permitted Exceptions, if not fcured within any cure period given in the Permitted Exceptions. kiia c) There is an Event of Default as defined in any of the other loan Q,A Documents. le . I d) Borrower fails to perform any other covenant, agreement or r 1 obligation under this Deed of Trust or any of the other Loan Documents,if not cured within the time allowed. If no cure period is otherwise specified for such default,the care r-.,.•. period shall be within thirty (30) days after lender's delivery of written demand to 10- I r 4 m z _ ^as 1Mau y-'+.i/.' RY• 'a';prs'.r.,.+.-sue. . ,,,.p - wt YYye +at1C.IFl.2' iSw 3 . -• 4W r J,' w i ,, • S"K •'`-,-'Sa',-S ' r^F3' • r't i`it: u!'.j t uS 3r'1 l ys Borrower,or if such cure cannot in Lender's opinion be completed within such thirty(30) day period, and Borrower commences the required cure within such thirty (30) day 17±x4 t period and thereafter continues to cure with diligence,the cure penod shall be ninety(90) ss days after Lender's delivery of such wntten demand. e) Borrower or any guarantor files a petition in bankruptcy cr for an r i.t-'f arrangement, reorganization or any other form of debtor relief; or the petition is filed cl' rC 1;-.. against Borrower or any guarantor or any trustee of Borrower or any guarantor,and the i7: petition is not dismissed within forty-five(45)days after filing. j3` t f) A decree or order is entered for the appointment of a trustee, y receiver or liquidator for Borrower or any guarantor or the property of Borrower or any t guarantor,and such decree or order is not vacated within forty-five(45)days after the Kdate of entry. g) Borrower or any guarantor commences any proceeding for dissolution or liquidation;or any such proceeding is commenced against Borrower or any guarantor and the proceeding is not dismissed within forty-five(45)days after the date of y. commencement. w h) Borrower or any guarantor makes an assignment for the benefit of T *' - 14 its creditors,or admits in writing its inability to pay its debts generally as they become fC.) due.rr M attachment(i) There is an execution or whet judicial seizure of any k CO property of Borrower or any guarantor and such seizure is not discharged within ten(10) 0) days. r •-;y j) Any representation or disclosure made to Lender by Borrower or 1, -'I'' any guarantor in connection with the loan evidenced by the Note proves to be materially false or misleading when made, whether or not that representation or disclosure is expressly set forth in the Loan Documents. h i` l,"k) A default occurs under any other indebtedness now or hereafter nr,:t owing to Lender on which Borrower or any guarantor is a maker or a guarantor,and such s' default is not cured within the applicable cure period, if any, under the instruments w"b evidencing and securing such indebtedness. f 8.2 inapplicability o[Core Periods. Alt cure periods provided in this Deed of 4 Trust or the other Loan Documents shall be inapplicable if, in Lender's reasonable judgment,the default is not capable of being cured within the time allowed,or a delay in Y'. Lender's enforcement of its rights and remedies may result in a material impaitatertt of its 4:`.security. h t 19- k w+ •c,}.i a..-t•-':A, rya rt»L _ ammo l 3A47.' : i7j tt 1aFMi' r; Ty y!wriy tf S M Hobo V-ia_v...r.. .rrw aiwati_va wrwM wM•+n+.•i....r.-__.__-__ ___....^..G..-_ _. is • ti 8.3 Form of Notice. At Lender's option,any written notice of default given to Borrower under paragraph 8.1 may be given in the form of a statutory notice of default under the Washington Deed of Trust Act or any other form as Lender may elect. A 'Y ARTICLE D( i-.•••^ vie.- REMEDIES Trier. 9.1 Acceleration Upon Default;Additional Remedies. Upon any Event of o,:,. Default, Lender may, at its option and without notice to or demand upon Borrower, i i. exercise any one or more of the following actions: a) Declare all the Secured Obligations immediately due and payable. b) Bring a court action to enforce the provisions of this Deed of Trust It i' or any of the other Loan Documents. i t • e c) Foreclose this Deed of Trust as a mortgage. I a::. ri d) Cause any or all of the Property to be sold under the power of sale fit-t C granted by this Deed of Trust in any manner permitted by applicable law. If IN. e) Elect to exercise its rights with respect to the Leases and the Rents. 1 a:ro' r.1 f.v, f 9 f) Exercise any or all of the other rights and remedies under this Deed trl of Trust and the other Loan Documents. C' CZ g) Exercise any other right or remedy available under law or in equity. jSrs: V 1 9.2 Prepayment Premium. If the Note provide for payment of a prepaymentk w, . premium such prepayment premium shall be payable by Borrower with respect to any 2voluntaryorinvoluntarypaymentofprincipalundertheNotebeforethematuritydate ti. stated in the Note, except as otherwise specifically provided in the Loan Documents. 7 1 d.1 _ Borrower expressly agrees that any such principal payment made after an Event of fit: Default shall require payment of the prepayment premium notwithstanding any I acceleration of the Note by Lender.r,t' f:i.9.3 Exercise of Power of Sale. For an sale under the power of sale granted N, Y po by this Deed of Trust.Lender or Trustee shall record and give all notices required by law A* and then,upon the eupfration of veldt time as is required by law.Truaiee may sell the 3: il Property upon any terms and conditions specified by Lender and permitted by applicable law. Trustee may postpone any sale by public announcement at the time and place rrk. noticed for the sale. If the Property includes several lots or parcels. Lender in its y, discretion may designate their order of sale or may elect to sell all of them as an entirety. The Property,real,personal and mixed,may be told in one parcel. To the extent any of the Property sold by the Trustee is personal property,then Trustee shall be acting as the i 20- ilas i, agent of the Lender in selling such Property. Any person permitted by law to do so may purchase at any sale.Upon any sale,Trustee will execute and deliver to the purchaser or purchasers a deed or deeds conveying the Property sold,but without any covenant or warranty,express or implied,and the recitals in the Trustee's deed showing that the sale was conducted in compliance with all the requirements of law shall be prima fade evidence of such compliance and conclusive evidence thereof in favor of bona fideuP F4w purchasers and encbrancers for value. uut 1. e .9,- 9.4 Application of Sale Proceeds. Except as may otherwise be required by r law,the proceeds of any sale under this Deed of Trust shall be applied in the following priority:j . nihIf a) Payment of the cosh and expenses of the sale;including without 1f-: limitation Trustee's fees,legal fees and disbursements, title charges and transfer taxes, and payment of all expenses,liabilities and advances of Trustee,together with interest on zfh : all advances made by Trustee from date of disbursement at the lesser of the default rate under the Note,or the maximum rate permitted by law. ice' e- b) Payment of all sums expended by Lender under the terms of this y" Deed of Trust and not yet repaid, together with interest on such sums from date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law. n i c) Payment of all other Secured Obligations in any order that the yk CI Lender chooses. i G d) The remainder,if any,to the person or persons legally entitled to it. an Yytii m 9.5 Waiver of Order of Sale and Marshalling. Lender shall have the right to y^ti. . determine the order in which any or all portions of the Secured Obligations are satisfied from the proceeds realized upon the exercise of any remedies provided herein. To the fullest extent permitted by law,Borrower,any party who consents to this Deed of Trust t• .,,, and any party who now or hereafter acquires a security interest in the Property and whoi=-' has actual or constructive notice hereof, hereby waives any and all right to require s marshalling of assets in connection with the exercise of any of the remedies permitted by r applicable law or provided herein,or to direct the order in which any of the Property will be sold in the event of any sale under this Deed of Trust 9.6 Non-Waiver of Defaults. The entering upon and taking possession of the Property,the collection of Rents or the proceeds of fire and other insurance policies or i compensation or awards for any taking or damage of the Property,and the application or Gtti release thereof as herein provided,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. f,v 21- 11; F tip rlt:"* r-tY+ w. .ty+- ari .,.w- gp. , - -*-- r.y,:..twis..:.M! JFfY.:tF..n ray..q r1RY9 w.,4,--- Agti2N y ly W 1tCX S's'S--• r•rd,. t. s;.: '#" - .`am' 01;SV lay Qf•• •'•:i' • e f t}' y, ra.gii•r t . t+, f r r h,.. imams t t 4t a . . I 9.7 Expenses During Redemption Period. If this Deed of Trust is foreclosed as a mortgage and the Property sold at a foreclosure sale,the purchaser may during any redemption period allowed,make such repairs or alterations on the Property as may be i''.-- i reasonably necessary for the proper operation,care,preservation,protection and insuring thereof. Any suns so raid together with interest thereon from the time of such 7- expenditure at the lesser of the default rate under the Note, or the maximum rate s_y`ty permitted by law,shall be added to and become a part of the amount required to be paid for redemption from such sale. r 4;' ss 9.8 Foreclosure Subject to Tenancies. Lender shall have the right at its option to foreclose this Deed of Trust subject to the rights of any tenant or tenants of the 4-Z? Property. q. 9.9 Remedies Cumulative. To the extent permitted by law,every right and remedy provided in this Deed of Trust is distinct and cumulative to all other rights or 4 remedies under this Deed of Trust or afforded by law or equity or any other agreement 4`' between Lender and Borrower, and may be exercised concurrently, independently orrb successively, in any order whatsoever. Lender may exercise any of its rights and remedies at its option without regard to the adequacy of its security. 9.10 Lender's and Trustee's Expenses. Borrower shall pay all of Lender's and Trustee's expenses incurred in any efforts to enforce any terms of this Deed of Trust, S Ca0 whether or not any suit is filed, including without limitation legal fees and f• disbursements,foreclosure costs and title charges. All such sums,with interest thereon, f. shall be additional indebtedness of Borrower secured by this Deed of Trust. Such sums r mi shall be immediately due and payable and shall bear interest from the date of l:;s N disbursement at the lesser of the default rate under the Note, or the maximum rate her :Cr permitted by law. i ,,-' W ARTICLE X GENERAL 3:'i'• 10.1 No Offset. Borrower's obligation to timely pay and perform all rcY, obligations under the Note,this Deed of Trust,and the other Loan Documents shall be tr absolute and unconditional and shall not be affected by any event or circumstance; rit, including without limitation any setoff, counterclaim, abatement, suspension, 2 recoupment,deduction,defense or any other right that Borrower or any guarantor may have or claim against Lender or any other person or entity. The foregoing shall not v3;•constitute a waiver of any claim or demand which Borrower or any guarantor may have in damages or otherwise against Lender or any other person or entity; provided that Borrower shall maintain a separate action thereon. i 10.2 Application of Payments. Except as applicable law or this Deed of Trust may otherwise provide,all payments received by Lender under the Note or this Deed oft Trust shall be applied Lender in the followingorder of priority; (a) Lender's andPPby T t WI.'ir•....v...n.,. M + - ',tr NA..f7 hay-. t,a: •n,l-'7:<:.: rtf viye.: n u evr serr r _ _ i' lP} 1.' " r`r. S • '` & ere l 0 sna$++i i4 X,... , it, do " F i f srr t3"ir; r-•a t W4 x t s. 7 4. ... 1 Trustee's expenses incurred in any efforts to enforce any terms of this Deed of Trust; b)interest payable on advances made to protect the security of this Deed of Trust; c)principal of such advances;(d)amounts payable to Lender by Borrower under Article III for reserves;(e)interest and late charges payable on the Note;(f)principal of the Note; and (g)any other Secured Obligations in such order as Lender, at its option, may t5.i determine;provided,however,that Lender may,at its option,apply any such payments received to interest on or principal of the Note prior to applying such payments to 1. interest on and principal of advances made to protect the security of this Deed of Trust. 10.3 Appraisal Costs. In the event the Financial Institutions Reform,Recovery, nt and Enforcement Act,as amended,or any regulatory agency,requires Lender to obtain M1 an appraisal of the Property,Borrower shall reimburse Lender on demand for payment of wt • the costs of such appraisal. 4, 10.4 Imposition of Tax. For purposes of this Section,"Tax"shall mean:(a)a Ispecific tax on deeds of trust or on all or any part of the indebtedness secured by a deedo 'l: of trust;or(b)a specific tax on the owner of the Property covered by a deed of trust which the taxpayer is authorized or required to deduct from payments on the deed of trust;or k` c)a tax on property covered by a deed of trust chargeable against a beneficiary or trustee under the deed of trust or the holder of the Note secured by the deed of trust;or(d)a 0 specific tax(other than an income tax or a gross receipts tax)on all or any portion of the C obligations secured hereby or on payments of principal and interest made by a grantor to under a deed of trust If any Tax is enacted subsequent to the date of this Deed of Taut, I enactment of the Tax shall constitute an Event of Default,and Lender may exercise any or all of the remedies available to it upon the occurrence of any Event of Default,unless the following conditions are met (i)Borrower may lawfully pay the Tax without causing any ri: 'a N resulting economic disadvantage or increase of tax to Beneficiary or Trustee; and (ii) O Borrower pays the Tax(including any tax on the payment made)within thirty(30)days 4 - i CO after notice from Lender that the tax law has been enacted. l t'i a. r 10.5 Reconveyance. Upon payment of all Secured Obligations, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all z: notes evidencing the Secured Obligations to Trustee.Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto. The grantee in any 17 l4 reconveyanre may be described as the"person or persons legally entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness fir.;: thereof. Such person or persons shall pay Trustee's reasonable costs incurred in so 0r reconveying the Property. 1 10.6 Successor Trustee. In accordance with applicable law,Lender may from r'f' time to time appoint a successor trustee to any Trustee appointed hereunder. Without L' conveyance of the Property,the successor trustee shall succeed to all the title,power and duties conferred upon the Trustee herein and by applicable law. rkKith 0' 23- I yam d 144 41g..•s..+a ,r._ _ ,.: rf. rkMA Zr,.er• ATr 1M 1 w.arY.rneYre;luu..-.N is.n uwrar-...n.-iro+•...u,...71 — 10.7 Lender's Powers. Without affecting the liability of any person for payment or performance of the Secured Obligations or any of Lender's rights or remedies, Lender, at its option, may extend the time for payment of the Secured Obligations or any part thereof,reduce payment thereon, release anyone liable thereon, accept a renewal note or notes therefor,modify the terms and time of payment thereof, release the lien of this Deed of Trust on any part of the Property,take or release other or additional security,release or reconvey or cause to be released or reconveyed all or any F a part of the Property,or consent and/or cause Trustee to consent to the making of any map or plat of the Property,consent or cause Trustee to consent to the granting of any easement or creating any restriction on the Property,or join or cause Trustee to join in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof.Borrower shall pay Lender a reasonable service charge, together with such title s. insurance premiums and attorneys' fees as may be incurred at Lender's option,for any r11 a such action if taken at Borrower's request. 11J! 10.8 Subdivision. Borrower hereby consents to a subdivision of the Property,if Lender,in its sole discretion,determines that a subdivision of the Property is necessary or P:} desirable to preserve the lien of this Deed of Trust,or to permit Lender to foreclose on TA` only portion of the Property.a 110 t 10.9 Subrogation. Lender shall be subrogated for further security to the lien, although released of record,of any and all encumbrances discharged,in whole or in part,N by the proceeds of the Note or any other indebtedness secured hereby. ei'rl a;; 10.10 Limitation on Interest and Charges. The interest,fees and charges under the Loan Documents shall not exceed the maximum amounts permitted by any applicable law.If any such interest,fee or charge exceeds the maximum,the interest,fee or charger . shall be reduced by the excess and any excess amounts already collected from Borrower shall be refunded. Lender may refund such excess either by treating the excess as a prepayment of principal under the Note or by making a direct payment to Borrower. If 4... Lender elects to treat the excess as a prepayment of principal, Borrower shall not be obligated to pay any prepayment premium required under the Note. The provisions of this paragraph shall control over any inconsistent provision in the Loan Documents. 10.11 Additional Documents;Power of Attorney. Borrower,from time to time, shall execute,acknowledge and deliver to Lender upon request,and hereby irrevocably appoints Lender its attorney-in-fact to execute,acknowledge,deliver and if appropriate file and record,such security agreements,assignments for security purposes,assignments absolute,financing statements,affidavits,certificates and other documents,in form and substance satisfactory to Lender, as Lender may request in order to perfect, preserve, continue,extend in time or maintain the assignments herein contained, the lien and security interest under this Deed of Trust,and the priority thereof. Borrower shall pay to s Lender upon request therefor all costs and expenses incurred in connection with the preparation,execution,recording and filing of any such document. 24 f, r' XevF>x a•i• e}*q , > .._ of s cam.-,' ':5 ?'-•stc6 e$Gr rwttvo t,c.•,ytr+.,.,. .,..,_4s:.z4:.Vh?e,lTs+.4--.4.Pr. • — - _ - .-ice eM r-.........___..._- 3 a\ 10.12 Waiver of Statute of Limitations. To the full extent Borrower may do so, Borrower hereby waives the right to assert any statute of limitations as a defense to the enforcement of the lien of this Deed of Trust or to any action brought to enforce the Note or any other obligation secured by this Deed of Trust. try y j; 10.13 Forbearance by Lender Not a Waiver. Any forbearance by Lender in r;• exercising any right or remedy hereunder,or otherwise afforded by applicable law,shall ilk'. not be a waiver of or prelude the exercise of any right or remedy, and no waiver by r Lender of any particular default shall constitute a waiver of any other default or of any similar default in the future. Without limiting the generality of the foregoing, the iF . i acceptance by Lender of payment of any of the Secured Obligations after the due date I thereof shall not be a waiver of Lender's right to either require prompt payment when r?t` due of all other sums so secured or to declare a default for failure to make prompt kt_' payment. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the p''i,` 1 indebtedness secured by this Deed of Trust, nor shall Lender's receipt of any awards, proceeds or damages under paragraphs 2.3 and 2.7 hereof operate to cure or waive ii,' Borrower's default in payment of the Secured Obligations. I 10.14 Modifications and Waivers. This Deed of Trust cannot be waived, changed,discharged or terminated orally,but only by an instrument in writing signed by the party against whom enforcement of any waiver,change,discharge or termination is i`••;•bI r. sought. 14 t7 10.15 Notice. Any notice to Borrower under this Deed of Trust shall be to the y C rf address noted above or such other address as may be designated by Borrower in writingMandshallbedeemedtohavebeengivenonthedatedeliveredinthecaseofpersonal v.: delivery or,if mailed,three(3)days after the postmark thereof. 0) r` a•- 10.16 Governing Law; Severability; Captions. This Deed of Trust shall be governed by the laws of the State of Washington. If any provisionor cause ofDeedclausethis of Trust conflicts with applicable law, such conflicts shall not affect other provisions or clauses hereof which can be given effect without the conflicting provision,and to this end the provisions hereof are declared to be severable. The captions and headings of the paragraphs and articles of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 10.17 Definitions. As used herein the term"Borrower" means the Borrower herein named,together with any subsequent owner of the Property or any part thereof or 1 interest therein;the term"Trustee" means the Trustee herein named, together with anyr' ;• successor Trustee;and the term"Lender"means the Lender herein named,together with w, -. any subsequent owner or holder of the Note or any interest therein,including pledgees, r*. assignees and participants. I i~. r 25 Al:,,,,,... ice -•w . - o MEMw vey _' r Y#>• rt r-,,eta -- ? s } Y y, ,-. ' X'- K r`. . ir;• - s ue. }# ems x. - f" s t ti/ t'i 1fS+ limino .. i i ,-Lt ..! I..•? Y -a)i.ct, •-r-3i.2a•+;a y 41:7, s i. ire . rl'x4 . f •2' i-1Y j ,fit T+Ex ]f4.. rs # Yti`kz, fd'J r r x7-,s" ;-3,-Z• .TkiX441 jKr, s Q• ,i- ' k- rt`t vK °' T sie,`",'`c •.+..t i ;. per i .. r' :.'f) ,e• - .ciJo4re..A - a -.,a..".i..._... ,•r_,. .nt M.u..LY-..1".4.4•4 Y•.ai_ri.„,..),. ....iWi :.t:t•1`,c; sr: err 44.44.• 10.18 Successors and Assigns;Joint and Several Liability;Agents. This Deed r of Trust shall bind and inure to the benefit of the parties hereto and their respective heirs, devisees, legatees, administrators, executors, successors and assigns, subject to the provisions of Article IV hereof. Each person executing this Deed of Trust as Borrower shall be jointly and severally liable for all obligations of Borrower hereunder. In exercising any rights hereunder or taking actions provided for herein,Lender and Trustee may act through their respective employees, agents or independent contractors as authorized by lender and Trustee. 10.19 Number,Gender. This Deed of Trust shall be construed so that wherever applicable the use of the singular number shall Include the plural number,and vice versa, and the use of any gender shall be app&able to all genders. 10.20 Time. lime is of the essence in connection with all obligations of Borrower herein. 1021 Request for Notice. Borrower hereby requests that a copy of any notice of F. default and notice of sale hereunder be mailed to it at its address set forth at the beginning of this Deed of Trust 10.22 Assignment of Loan Document,. Lender may assign the Loan Documents y o in whole or in part Lender may make available to any proposed assignee or participant P.all credit and financial data with respect to Borrower and any guarantor as any be in the t N possession of Lender. Borrower agrees to provide any additional information that anyCIproposedassigneeorparticipantmayreasonablyrequest. N 10.23 EstoppelCertificate. Borrower shall,within tan(10)days after receipt of s.. Lender's written request,furnish Lender or any other party designated by Lender with a written atabeanent, duly acknowledged, setting forth the amount of the Secured Obligations and otherwise confirming the status of the Secured Obligation.,the Property, i y and the loan Documents. b t`.11. NfA r_.`: a• y......a:srrrin+riti..,."__e .,.r._ ._- s - sF+- * t .a e s L y,. i ylG rt3] f 1 3 ntiiCi 2 cr Y 'yf gyp. ryl` '•S w ; cjItifeC 7 NS R - f. j 4 K' 01 .µr :ar. --(01- '-` - x i .12 - +"• _ :: + i,. 4 , t. x, t7` + ueyr at `i'4 Xr ..•t w •yk£:-. y.• ti. 1 t+r t '..P .!• r.' ttM„N1 s o 1t' r , 1 ... V f C%•, r "• ` t=RY'4-:41.1 i ice- s r s rs( 1%a.•-:,• i o •.. •?''= 1-'" vrj '4hM •r Y..^ fir sez.'7Z xram' t''! • .., c Yam- : r d- _i ..+-r fix J . Ya r ':??t a-. .,_--_-' f _ a '4 " i j Ke%i.M j its ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, F MENDEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 7-1 r IN WITNESS WHEREOF,Borrower has executed this Deed of Trust as of the date first above written. Borrower" SPRINGBROOK,LLC.,a Washington limited J:c, liability company By: Buchan Properties,LLC.,a Washington limited liability company,Member By: John F.Buchan Construction,Inc.,a Washington corporation,member 141 n`' 1.4. Dennis E.Thornton,President By: Prescott Homes,Inc.,a Wastes igam^ x-.€; NIcorporation,member B a•rc. Carl .Pollard President r 4:41;;1:221:171E— 11- rIz;: 4. ram , a r _ ti+yde;' Ell y. A w b,.. fil> a I .{. +< f. rF ro-. ' S C , c+ FS 4 A. Y. Ai' ' • , + . r • t•• • t i}.. r 1 T " -. . • — t, ti { r+ v f nL" i... AV:. Ik t vsfx, 7 4 l 7; , k; Peq1" Ja • ' rk 4• 4i L , l , 0, 4 4 1 Lxr} kit'` 1r 1. Y/, J 1 fia s 11 i A.,. . 5 ye:( t• F 1, 1 : 1t.8 1 r { aLt7> I . x , yy'- j f. b• C. wpIt Y nil' 1 [ { W 0. Q ` 1Fi F.. 11 , , c: , ii k: i` r: JI., . r t`'. P. T+ . tom. p IP4 w V b O 1 s4. c r 1_ e 1 - a. 8 5 y 2 + rk ,,,} . fi; L i' X! i- E 1. 1: 1;: iti., L Lt.. , l %. ', ; p. t4 1 a Lf O 3 I., f • A 1.. 1. A id r " rrlf ! f Q N w V L Y. k n !. gii I" . 1. 1111 Ft tr. yt yf:!?, S.w.+ C f. F1QZ,,, a to., w 4 !•?, rt -- M) S lJ f . l i, A z V V O W 3 f i'".. t • • by i S Y '•* yt.! Ad'• M,. t .. • b n'. 1CO Irt SSSfr ° ? ? 134E 1 ri 1' r' Y] T LAYq 1 ,.! 1 S•• 4 itgr•, g ty' f T e. i•\ I' ti 1!., , r aJ+?+. yti }^ L m o ` C N p P .• f° F 1•-.,. Sy Yf:,+ 1 i 3 ' o o fi 6i Q W> J kF.' fC tF 4 • ' Y LC PF. o k• ti If r 7 t s g y + // 7, J'• ..[•! a ,+ y' f,, rr.; 1• .+ Sf,:. Qp ill v T. 1 rya f 1 it J y w 4AK{ Y, tir .+ fF , Y- b4, Tf` Z?! RR yy t a r,' t' r' F y/ lt . L} ^ 1. s5Jr 3 ' L 7 An, 1y„ t' ( Y T i r tom q ? 3 •a .".., yt '••-aai'. I lY sit tt Yr ,L4•.• ,-w ' L'i yt _,, -rb it 'a" TR': A ram; .., '.': . :..i :. 1 'ri= t' 5 s na•4 rC 4•-: X N., 1 daltSrt L f. ty I S. I 7 a Ind 4.rrA Ti a`Jrtia ,,/}..,• y(.ery'•Frc•F i ,-. +' stAi;4.4 r- iE r^ r rtr...1 1i IQN, ,r M} 1• Sri Y• .1?}S 4 1ir 4-K sr+lT .l 7 1" r .r 4,-Za-:' t` ,:,., e' r '!- II 1 - 4 t.x- ' f` `-`-*r-fir.. r•ma yy ter z j..+ ++ e7' .'sr _S a}7 3 z 1t .ci'RT ;• r F-r - a. - ' r l l, dry'- :.-Vcr. e{.;l i"" 7 -? '-" 7.t.5 - t,. .ram. 1. EXHIBIT A TO 1F , DEED OF TRUST LEGAL DESCRIPTION The land is located in King County,Washington, and is legally described as follows: PARCEL A: Th• at portion of the Southeast quarter of the Southwest quarter of Section 31, Township 23 North, Range 5 East,Willamette Meridian, in King County, Washington, lying east of the easterly margin of Primary State Highway No.5. 1 PARCEL B: er The Southwest quarter of the Southeast quarter of Section 31,Township 23 North, I t Range 5 Fast,Willamette Meridian,in King County, Washington; Except that portion i; lying within the rights of way for 964 Avenue South and South 192^+Sheet y:4,.."1 i n a•'.r t« y .49 i,' 30. 74 s + N. rM(wTE° j40 µ'° RECORD OF • SURVEYetMNreAsoN,N[/A51 Ou••,I• At SOU Aso M•0/MrStN A IGtI50Ur,»EA CM/NM a arPION Trlii):::." 1 , AND O!THE SE / OF THE SW 1/4 A PORTION Or THE SW 1/{ OF THE sE / u[u•I(0 roSITION TROYOF SECTION 31, TWP. 27 N., ROE. S E., W.M. f OIolt•CtNRNIRCITY or RENTON. ROC COUNTY, WASHINGTON w NOblf• ]]•,N'(CMC) w er0°'N r / rN]6(CALC) 7I.rg eA:G 76]9l1(IRNp) rN NOIpNL inu D.NGI[5/ 7]•r]) .CAS,, l 007M'SICOn ER 9800a9oosOr5[CiCN]1 1 / a°\ 119/ q+• tsaIx+AR) r_t;C100 50 0 100 200 d^.. d 6clrID"40 ISCALE:T •20G 1)1 i Nxffi i17Y I]7'/ i BASIS OF BEARlIGS g N rroo'!e'. IN(SOWN 1NI a INE TOU1N(A51 MORTEN a 41 S s[c+ION II rcR e010101 I[«[wNvs1MEN+ X ,E. AS r4[D N vOt wE II.e•NG COINr,9 u yy - RICORO "NNo f6of1]f00].R II Nlr.r• Su, io E. p ROADIM001Rao S*°111N .II g= x ai E R I I 1/16TO INE I N er.elr . - N e6q Si Tr R t re)»- 6.0 N' N SOON 551N STRUT 1 33- 1306 O - 1790 75. 3421 6 - TI LEGEND N E I^ 1Nw uw160 .O ,INN n04KM1N11 AS TITO mgNT. III PAGE If. I Y NE(Mom RECORDING,.0 9609I2403I 1g I ( 6.00)RCO.O t/S ,AS DUD e.PO, 60.PAL[)v1.I c I f.G cow1. (Ca10RG NO ve05r6f006 a F u5)fe.G COUNT,CONTRot StMT-MCI.5U6O.15ION P y y I 6"w DRAP[ 1 9 61 R I SURVEYOR'S CERTIFICATE MCI Cu cu/1(°P°s11UN•s Nor[° O SII I/r Rt..,MO%A51C CAE•tS IS66r/ ]f re, T rS N..CORRECT[, REPRESENTS •SURGE,'MADE eV PIE OR UNDER YE DIRECTION5 1 CONEORM.NCC w N NFJ >` rn RCOUIRE1CN+S Or NE SURvE,RECORDING ACT ATTHE n s NE UEsl Or 5 E II INC. INMT. ffeS PARCEL B LOp 2--+Y>C.W ppt1 'i R SCOTTSCOT, M•CN.wsN Ilse/r{ NM.', PARCEL A r'0, 5S L S NO T5661 t;•4. • I I I atC1•AII0.Oy1CN vU• I IOINO Ott„CnEe[rt.r1;[dNn rem 5 a0•MR at. NER d T00001)A. 6r1 IN 1.•e•ss au q. 4l•lkA w 10 Row ceNl[R1.N[ r t t td'• 8 r. o et,..„, a. 111ente F q 15 aa''^`\ 1 4` R j T 11 TE CE`'*' RECORDING CERTIFICATE 1 N er s6 1 6 8' R J sf er TN.sssoc A cs e _ Pr: 1 _N alp.1-.I76613 — d AI` (u[K.> Ia.i!' 0 Rpw n[tO rM REco40+NIs DAY or I NAOa'• 7nIN 53216Ma-1KN/-1 r I N Nir16• 28,4.]s I]pr 1e o`161e %, o:c 1 ---- ATNINE Rou[ST Or Or 5 NCns ON 140e 41'(ACAS) \ / \/SOUTH SSTH STREET 616.° (N.()) j, 0Uu0 S MASS DISC— T- SNIT II (.CAST RAG C00,rry 1 rf 5]]r ACAS) MOOD COC4E1[l0000lEN1 M.N•GFR SLIP' Of SECONDS LEGAL DESCRIPTION CANN ANT uu ,Tvso'.r)s.RG-KO) DORN 1O. 50 IL. a•4 051) WIN Iwr) OITpN a INC 5001.E•51 DWRDA Or NW SOU1NRES1 01•T(R a 51C,IOw RECORDING NO 0151.o1GON.RLH.EMI 0,T'TIC USIEN,-NA Or P.Y.:St ANC(MAR,nNUNSIN5 M n. ESM Consulting Engineers, L.L.C. fO,(INA,N OUM1[F a Twe snot RC• A5I a 510(1' ],. S. TOO IE.]] 11111 BIiiVEV N$TRLEIENTATION. NOR IN RAW{5 IASI.•LLN4n(.444144 N.NG COONP RNSNNC'OR M E•...«.• W$..MGM• .,.RN M«.r.-.+ SDEE.ONO lwl T R AD I,NG Awe. W n4 RGw15 a..r rd1 SS.•HIM E(•,Onu[D'.(0N n1N[rCN rTN T,•5 R[(ORD a SU1vL, SDInM(1uepT ROAD SOON)kW!a)IN If]NO WRIT t50UTN l51N S»([,) Ulr rl(O i.T rOlIORNG EoueNENT ANU IN OCEOURIS l(C 0[SCM10N 1'•dla0 e,CHaGO w1II COwvAw,, IC' TOTN.STATION INN NuIMNE°TO NArACTu•tR-S SPEC.CATIONS 720 5.3•60.S..•I.A.HA.• NOBS d10[•NO all V• AS et 000IC0 e,NIC-]]7-Ib T00 1arl f»-R1]• I1!]I tlT-»D 0 R NO TIC N1(41 a rM ONI..S SLOW,10 5.10.(1S[ 5.IOTCNS r:;'; CO+TNMYS 0R RISIRCT1tN5 N IX0 •(C1M OW 1NCONOEO K..IN.so to(N1ww 4200CIDIME 125(0 TELO u•4RSI ROTN ACCIRAC,14E1N°ON ofOISCN0 CCEO... 0•Re a MOOR.IN(R(ORR[.(N a N1SRAC-]]].IIn- o Job NO 76,-OI-N0-00] DATL J . .. 1990 D*A.N Jw/M@ -- S.rl(I I (,, I D••Rwel NAM! NA-IfR. City of Renton WA Reprinted: 04/01/99 14 : 09 Receipt Receipt Number: R9901410 Amount: 450 . 00 04/01/99 14 : 09 Payment Method: CHECK Notation: 3322SPRINGBROOK Init : CRP Project #: LUA99-056 Type: LUA Land Use Actions Total Fees: 450 . 00 This Payment 450 . 00 Total ALL Pmts: 450 . 00 Balance: 00 Account Code Description Amount 000 . 345 . 81. 00 . 0012 Lot Line Adjustment 450 . 00 gg _05( ,LL (y ) = B-twelve Associates Inc. ai, t 1103 W.Meeker St. v)253-859-0515 Suite C t)253-852-4732 Kent,WA 98042-5751 e)bl2assoc@compuserve.com i GLACIER CREEK CITY OF RENTON WETLAND ANALYSIS REPORT PREPARED FOR: SEB INCORPORATED 4109 BRIDGEPORT WAY WEST, SUITE C TACOMA, WASHINGTON 98466 BY: B-TWELVE ASSOCIATES INC. 1103 WEST MEEKER STREET SUITE C KENT, WASHTNGTON 98032 DEVELOPMENT PLANNING CITY OF RENTON Revised pPR 01 1999 September 19, 1997 RECEIVED. JOB#97-146 1, t B-twelve Associates, Inc. v) 253-859-0515 1103W. Meeker St. 0 253-852-4732 IICL=ttq Suite C Kent,WA 98042-5751 e)bl2assoc@compuserve.com GLACIER CREEK CITY OF RENTON WETLAND ANALYSIS REPORT 1.0 INTRODUCTION 1.1 General This report describes jurisdictional wetlands and streams locatedide cf Talbot along R the proposed theC Glacier Creek Apartment project, located on the westity ait the site consists of an of Renton, Washington (the "site" - see Exhibit A). p y, irregularly shaped parcel approximately 41 acres in size located Section 31, Township 23 North, Range 5 Fist of W.M., King County, The site is located along a west facing hillside and is bordered by Talbot Road along the east, an old form on the north, S. 55`h Street on the ccsouth,the lasttl0 years e west. The entire site is forested, although selective thinning leaving a rather open canopy. One (1) forested Category 2 wetland was delineated on the site. 1.2 Proposed Use edproject consists of construction of 160 multi-family residential units.The propos p J 2.0 IV[ETHODOLOGY The wetland boundaries along the site were delineated onebe ve fall of 1996 and on August , one in 1987. In addition, several site visits were conducted, July of 1997 to confirm the delineation. Wetland and data1997ints( itsee weres s quently surveyed by ESM Inc., in 1987 and replaced in July of The original delineation of the wetlands on site was confirmed using the methodology described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987). This is the methodology currently recognized by the City of Renton for wetland determinations and delineations. Glacier Creek/Job#97-146 B_t elve Associates, Inc. Rev. Sept. 19, 1997 Page, 2 The 1987 Federal Manual requires the use of the three parameter approach in identifying and delineating wetlands. A wetland should supporthydrologpredominance e of hydrophytic vegetation, have hydric soils and display wetland considered hydrophytic vegetation, over 50% dominantofthe etlan ACV, or obligate es in an area must have an indicator status of facultative (FAC), facultative wetland (OBL), according to the National List of Plant Species That Occur in 9 (Reed, 1988). A hydric soil is "a soil that is Wetlands: Northwest (Region long enough during the growing season to developsaturated, flooded, or ponded anaerobic conditions in the upper part". Anaerobic conditionsa reMunindicated insellSoil the Co field by soils with low chromas (2 or less), as determined by g the Charts; iron oxide mottles; hydrogen sulfide odor and other indicators. Generally, wetland hydrology is defined by inundation or saturation to the surface for a consecutive period of 12.5% or greater of the growing onftheo Areas season atcontain may indicators or wetland hydrology between 5%-12 not be wetlands depending upon other indicators. Field os hieresrswat lr marks on trees ude visual observation of soil inundation, saturation, oxidizedporotherfixedobjects, drift lines, etc. Under normal circumstances, indicators of all three parameters will be present in wetland areas. Prior to visiting the site, a review of several natural resource inventory maps was conducted. Resources reviewed included the King County oilSurvey ( Snyder and the et al. 1973-see Exhibit C), the National Wetlands Inventory P City of Renton Critical Areas Inventory. 3.0 OBSERVATIONS 3.1 Existing Site Documentation. 3.1.1 Soil Survey al. 1973), According to the Soil Survey for King County Area, Washington (Snyder etSnohomish the site is mapped as containing Alderwood (AgC & AgD) soils on the east, silt loam (So) on the west, and a small area of Mixed alluvial land (Ma) on the south see Exhibit C). Alderwood soils are a moderately well drained soil and are not considered hydnc soils according to the publication Hydric Soils as theCmatede States USDA NTCHS Pub No.1491, 1mapped991): However, areas b y in inclusions of hydnc soils. Snohomish soilsare poorly drained soils csooils formed og to in stream hydric alluvium. Snohomish soils are consideredy he publication Hydric Soils of the United States (USDA NTCHS Pub No.1491, 1991). The Snohomish series is mapped in the area of the large Springbrook wetland located on the west side of the site. The Mixed Alluvial land may areas consideravarietyof ed hydric luvial soils ranging from well drained to poorly drained and y soils. i Glacier Creek/Job#97--146 B_twelve Associates, Inc. Rev. Sept. 19, 1997 Page, 3 3.1.2 National Wetlands Inventory Map (NWI) According to the NWI map for the site, there is a large forested wetland depicted along the west side of the site (see Exhibit D). This wetland corresponds to the area depicted as Snohomish soils in the Soil Survey. 3.1.3 City of Renton Wetland Inventory Springbrook Wetland isAccordingtotheCityofRentonWetlandInventory, The S P located in the same area depicted as.wetland on thesit NWI m the south andp (see flowing towards bit E). Springbrook Creek is also depicted entering Akzthhe west. 3.2 Field Observations The site consists of a west sloping hillside covered with an open canopy deciduous forest. Some conifers are also found on the site and are generally scatteredand sc acrossros the site. The site is dominated by big-leaf maple (Acer macrophyllum), red Douglas fir (Psuedotsuga menziesii), hemlock (Tsuga heterophylla), cottonwood Populus balsamifera)and cedar (Thufa plicata)• Indian plum (Oemlaria cerasiformis), Himalayan blackberry (Rubus discolor), snowberry (Symphoricarpos albus), sword fern Polystichum munitum) and stinging nettle (Urtica dioica) are common understory component of the upland areas. Soil pits excavated within the upland for theareasAl revealed ood gravelly sandy loams with soil profiles similar to those described series. These contrast with those excavated within the wetland areas which are comprised of a mottled sandy-clay loam. 3.2.1 Wetlands Wetland A Wetlands on site are part of a single large wetlandAs that extends off-site lied in the name, to this wetland is the north. See Renton Inventory "Springbrook Wetland p a headwater area for Springbrook Creek. The wetland on the site appears to exist in two types of hydrologic conditions. The eastern edge of the wetland is located on a slope with relatively impermeable ay loam soils. Surface water runoff as well as groundwaterhedischarging ls d conditionshillsidetoprovidewaterlongenoughtoallowdevelopmentofwetlan in this area. The western portion of the wetland schatee and a Springbrook Cree the bottom of the k receives water from the hillside, groundwater g which enters the wetland from the south side of the site. This allows a seasonally flooded/saturated water regime to be present. Glacier Creek/Job##97--146 B-twelve Associates, Inc. Rev. Sept. 19, 1997 Page, 4 Wetland "A" is a large forested wetland on the western side of the site and is associated with Springbrook Creek. This wetland is vegetated with a canopy of red alder (Alnus rubra) in some areas and hemlock and cedar in other portions of the wetland. Understory species included salmonberry (Rubus spectabilis), vine maple (Acer circinatum), red osier dogwood (Cornus stolonifera), devils club (Oplapanax horridus), twinberry (Lonicera involucra), lady fern (Athyriun filix femina), skunk cabbage Lysichitum americanum), large leaved avens (Geum macrophyllum) sedge (Carex stipata), slough sedge (Carex obnupta) and manna grass (Glyceria spp.). Soil pits excavated within this wetland revealed a six inch A-horizon of sandy loam with a soil color of 10YR 2/1. The underlying B-horizon consists of a sandy clay loam with a soil color of 5GY 4/1 with many, coarse prominent redoximorphic concentrations. Soils were saturated to the surface with-minor areas of standing water and a noticeable hydrogen sulfide odor was present in the soil pits. According to the United States Fish and Wildlife (USFWS) classification method Cowardin et al. 1979), this wetland would be classified as PFO1E (palustrine, forested, deciduous, seasonally flooded/ saturated) and PSS1E (palustrine, scrub-shrub, deciduous, seasonally flooded/saturated). According to the criteria described in the City of Renton Ordinance No. 4346 (Chapter 22 Wetland Management), Wetland "A" appears to meet the criteria of a Category 2 wetland due to large size and headwater location. Category 2 wetlands located within the urban areas typically have a 50 foot buffer measured from the wetland edge. Talbot Road Culvert In addition to the previously delineated wetland, we identified an area currently meeting wetland criteria just south of Stream.A on the eastern portion of the site. This area has wetland vegetation, hydric soils, and, as a result of recent placement of a new culvert under Talbot Road directing a substantial amount of water on the site, now has wetland hydrology. This area was not identified as wetland by B-twelve during our delineation in August 1987. We did not notice a culvert at this location and the survey of the area and wetlands prepared by ESM for Mr. Tynes (property owner in 1987) did not identify a culvert at this location. We visited the site again in September 1996 when Mr. Tynes became concerned about the impacts of the new culvert which had been added to Talbot Road. The results of the 1995 investigation are included as Attachment A. Sometime in 1995, the City of Renton widened.and improved Talbot Road. Their work included several modifications to the storm drainage system in the vicinity of the Glacier Creek property. According to the ESM survey and B-twelve field investigation in 1987, there were two culverts which provided drainage from the east side of Talbot Glacier CreeklJob#97-146 B-twelve Associates, Inc. Rev. Sept. 19, 1997 Page, 5 Road onto this property, one that discharges to Stream A and a second one that discharges to Wetland A where Wetland A abuts Talbot Road. As part of the Talbot Road improvement, a third culvert was added along the Glacier Creek property. (Now there are three culverts.) See Exhibit F. The new culvert is located approximately 560 feet south of the north property line very near the power pole. This culvert appears to carry a small stream which now flows in the ditch along the east side of Talbot Road between the apartment complex and the Sikh temple. According to the sales manager for the apartment complex, the "stream" had not been identified by the city at the time they were planning the road improvement. However, when the Sikhs cleared their property, the stream was identified and the city proceeded to add a new culvert to carry the flow. This culvert extends onto the Glacier Creek property near the center of the site. Flows from the stream and roadside ditch appear to be significantly increased since the clearing of the properties to the east of the site. The cross culvert carries this stream and some flow from the road and ditch. It appears that the storm water from the apartment complex itself is directed to the historic drainage in the northerly culvert to Stream A. Our observation is that the new culvert discharges to an area on the Glacier Creek property that may have been a swale area prior to the original construction of Talbot Road, thirty or forty years ago. In 1987, this swale did not meet the criteria to be classified as a wetland. No vegetation or hydrology were noted in this area. In September 1996 we walked down slope of the culvert approximately 150 feet to follow the drainage. An outlet channel has been constructed and reinforced with riprap for a distance of approximately 50' - 60' below the culvert. Vegetation in this area is clearly adapting to wet conditions; reed canary grass and yellow iris dominate. Soils in the area are hydric and saturated, indicating that the area may now meet the criteria of wetland. We did not observe wetland in this area at the time of our initial investigation in 1987. However, our opinion is that the culvert has created a wetland situation on the site which has not been present for at least 30-40 years. • We understand that the City did not seek a drainage easement from Mr. Tynes at the time they installed this new culvert_ It is our experience that when wetland characteristics become present at a site as the result of very recent human activities, the area is generally not regulated as a wetland, provided the owner can demonstrate that the alteration is indeed recent. The city of Renton Code Chapter 32 "Wetlands Management" requires that wetland determination and delineation be completed in accordance with the criteria of Federal Interagency Committee for Wetland Delineation, 1987 "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" (It should be noted that the correct citation for this manual is Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1). Section F Atypical Situations, Glacier Creek/Job#97-146 B-twelve Associates, Inc. Rev. Sept. 19, 1997 Page, 6 Subsection 4 Man-Induced Wetlands provides a field method to determine if the wet area is a man-induced wetland. Step 1 is to "determine whether the area presents a potential man-induced wetland by, considering "has a recent man-induced change in hydrology occurred that caused the area to become significantly wetter?". The routine methodology for wetland determination is then followed and data forms prepared. The procedure concludes with the following statement (italics included) CAUTION: If hydrophytic vegetation is being maintained only because of man-induced wetland hydrology that would no longer exist if the activity (e.g .irrigation) were to be terminated, the area should not be considered a wetland. Based on field investigation by B-twelve and field survey by ESM, added to the construction drawings prepared for Talbot Road improvement,t, caused e conclude a to there has been a recent man induced change in the hydrology thatthe are at significantly wetter. The purpose of our 1987 field investigation was to identify and delineate all wetlands on the site. We did not identify a wetland in this area and the culvert was not present at that time; therefore, we conclude that the current wetland area is a direct result of the recent changes in storm drainage discharge on Talbot Road. Thus it is our opinion that this area does not meet the City of Renton criteria to be regulated as a wetland. 3.2.2 Streams There are two streams located on the site. Springbrook Creek is located on the southwest side of the site and is isolated from development by the large wetland that surrounds it. A smaller intermittent channel (Stream A) enters the site in a culvert approximately 160' south of the northeast corner of the site. This stream flows in a mud bottom channel to the west into the wetland. As described in Section 4-9-10 of the Code, riparian corridors are protected with a 25' buffer measured from the g water mark of the stream. 4.0 FUNCTIONS AND VALUES Wetland "A" is a large multi-class wetland that performs many functions including providing wildlife habitat, attenuation ofstorm events associated Springbrook Creek,filtering and cleaning surface water and hydrologic support to Springbrook Creek, an over-wintering water body for several salmonid species downstream from the site. The overall functions of this wetland have been somewhat reduced by the close proximity of SR 167 which poses a hazard to wildlife, 'increases noise in the wetland dramatically and, has altered historic hydrology in this wetland. Glacier Creek/Job#97-146 B-twelve Associates, Inc. Rev. Sept. 19, 1997 Page, 7 5.0 REGULATIONS In addition to City of Renton wetland regulations previously described for wetlands and streams, certain activities (filling and dredging) within "waters of the United States" may fall under the jurisdiction of the US Army Corps of Engineers (ACOE). The ACOE regulates all discharges into "waters of the United States" (wetlands) under Section 404(b) of the Clean Water Act. Discharges (fills) into isolated and headwater wetlands up to 2.0 acres are permitted under the various Nationwide Permits. Requests for fills over 1/3 of an acre are subject to multi-agency review and are required to provide mitigation. Wetlands adjacent to streams with mean annual flows >5cfs or with channels widths 2 feet at the ordinary high water mark, and other waters of the United States may be considered "adjacent" and would require going through the Individual Permit process. However, the Corps has requested that all consultants refrain from making recommendations as to whether a wetland is isolated, headwaters or adjacent. These determinations can only be made by the Corps. 6.0 -PROPOSED IMPACTS AND CONCEPT MITIGATION The proposed project has been designed to avoid wetlands, streams and their associated buffers wherever possible. However, some minor impacts to wetlands, streams and buffers cannot be avoided. As depicted on the attached site plan (see Exhibit F & G), buffer averaging, as well as a small area of buffer reduction on the extreme south edge of the wetland are being used to,facilitate the project design. The area proposed for buffer reduction (near Building 30) is being reduced to half the standard 50' buffer width to 25'. This area is heavily overgrown with exotic blackberry and giant knotweed. The reduced buffer area is proposed to be enhanced through the removal of exotic/invasive species and the installation of a dense planting of native trees and shrubs. Additionally, two stormwater outfalls to include bioswales and dispersion trenches are proposed within the wetland buffer near the north end of the site. As described in Chapter 32, Section 4-32-4 of the City of Renton Code, stormwater facilities are an allowed use in the buffer as long as impacts are minimized, the full buffer width is maintained in the area, and topography requires these facilities be located here to allow hydraulic function. These areas meet these criteria for allowing stormwater facilities in the buffer. In addition to stormwater facilities, a sewer line is required to cross the eastern arm of the wetland to serve the southeast portion of the site. See Exhibit G and the engineering site plans. The construction techniques for this sewer line have not been determined at this point. However, trenching or boring under the wetland and buffer Glacier Creek/Job#97-146 8-twelve Associates, Inc. Rev. Sept. 19, 1997 Page, 8 are both options. Any disturbance to the wetland and buffer will be restored as required by the Code. A road is also proposed to cross and culvert Stream A to allow emergency vehicle access in this portion of the site. This road has been reduced to create the least impact on the riparian corridor feasible. As described in Chapter 32, Section 4-9-13B1-3, work within a native growth area such as a stream buffer is allowed for installation of essential roads and utilities where no other feasible alternative exists. If you have any questions or need additional information in regards to this report, please call us at (206) 859-0515. Sincerely, B-twelve Associates, Inc. Ed Sewall Susan L. Burgemeister Senior Wetland Ecologist, PWS.4'212 President, PWS #950 Fi1e:Ed/97146WA.doc Glacier Creek/Job#97-146 B-twelve Associates, Inc. Rev. Sept. 19, 1997 Page, 9 REFERENCES Cowardin, L., V. Carter, F. Golet, and E. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, FWS/OBS-79-31, Washington, D. C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U. S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, Mississippi. Franklin, J.F. and C.T. Dryness. 1987. Natural Vegetation of Oregon and Washington. OSU Press. mu.Hitchcock, C. and A. Cronquist. 1976. Flora of the Pacific Northwest. University of Washington Press, Seattle, Washington. Jones and Stokes Associates, City of Renton Critical Areas Inventory, June 1991. King County Sensitive Areas Folio Maps. Kulzer, L., 1990. Water Pollution Control Aspects of Aquatic Plants. Seattle Metro, 38p. Munsell Color. 1988. Munsell Soil Color Charts. Kollmorgen Instruments Corp., Baltimore, Maryland. National Technical Committee for Hydric Soils. 1991. Hydric Soils of the United States. USDA Misc. Publ. No. 1491. Reed, P., Jr. 1988. National List of Plant Species that Occur in Wetlands: Northwest Region 9). 1988. U. S. Fish and Wildlife Service, Inland Freshwater Ecology Section, St. Petersburg, Florida. Reed, P.B. Jr. 1993. 1993 Supplement to the list of plant species that occur in wetlands: Northwest (Region 9)' USFWS supplement to Biol. Rpt. 88(26.9) May 1988. Renton City of, Ordinance #4346, Chapter 32, Wetland Management. Snyder, D., P.. Gale, and R. Pringle. 1973. Soil Survey King County Area Washington. U.S.D.A., Soil Conservation Service, Washington, D.C. I Ill 11144, i' tis B-twelve Associates, Inc. October 8, 1996 Mr. Bud Tynes Tycon 28621 Pacific Hwy. South, Suite B Federal Way, WA 98003 RE: Talbot Road Property Our Job # 87- 129 Dear Bud, As you requested, Ed Sewall and I walked your project again on September 18 to review current site conditions. Thanks to the cat tracks which had been pushed through the very dense blackberry, we were able to see most of the upland areas on the-site. We located ourselves using the topo and wetland edge mapping completed by ESM, Inc. in 1987. Per your request we have included a copy of that map for your use. The purpose of our recent field investigation was threefold: 1) determine if 1987 delineation is still generally accurate; 2) determine if there is any non-wetland area between Hwy 167 and the wetland, and; 3) determine if there are new site impacts from the recent improvement of Talbot Road. 1.Wetland Location: Our conclusion is that the wetlands which B-twelve delineated in 1987 are still generally accurate using both the 1989 Unified Federal Manual and the Corps of Engineers 1987 Wetland Delineation Manual. We were able to find only a few of the old flags, so we would strongly recommend re-delineation of the line as part of a land-use application for the project. 2.Non-wetland Area: Although there are several narrow benches (10'-20' wide) of upland area along the slope to Hwy. 167, we concluded that the entire area west of the delineated edge is encumbered by either wetland or wetland buffer. The most westerly flatter portion of the site, near the highway, is the wettest part of the site. This area is the receiving location for the many seeps, springs, and small streams which comprise the wetland areas on the slopes of the property. r,.,t: ci. ci,;f (' • Kent. wI\ 9S 3'_-;75I • (2(16) R59-0515 • Fax (2O6) S 2-47/ RE: Talbot Road/Tynes B-twelve 187-129 October 8, 1997 3.Talbot Road: Approximately a year ago, the City of Renton widened and improved Talbot Road. Their work included several modifications to the storm drainage system in the vicinity of your property. According to the ESM survey, in 1987 there were two culverts which provided drainage from the east side of Talbot Road onto your property. Now there are three culverts. The new culvert is located approximately 560 feet south of the north property line very near the power pole. This culvert appears to carry a small stream which flows along the property line between the apartment complex and the proposed Sikh temple. According to the sales manager for apartment complex, the "stream" had not been identified by the city at the time they were planning the road improvement. However, when the Sikhs cleared their property apparently without permits), the stream was identified and flows significantly increased due to the clearing. The cross culvert carries this stream and some roadside flow from the new ditch. It appears that the storm water from the apartment complex _ is directed to the historic drainage in the northerly culvert. Our observation is that the new culvert discharges to an area on your property that may have been a swale area prior to the original construction of Talbot Road. We walked down slope of the swale approximately 150 feet to follow the drainage which had some flow during our site visit. An outlet channel has been constructed and reinforced with riprap for a distance approximately 50' - 60' below the culvert. Vegetation in this area is clearly adapting to wet conditions; reed canary grass and yellow iris dominate. Soils in the area are hydric and saturated, indicating that the area may now meet the criteria of wetland. We did not observe wetland in this area at the time of our initial investigation in 1987. We conclude that when Talbot Road was originally constructed, drainage from the slopes and stream to the east was diverted to the south to cross the road at the most southerly original culvert. This historic modification diverted the water away from what may have been a wetland swale on your property, allowing the wetland characteristics of hydrology and vegetation to disappear. However, with the addition of the new culvert, water is again flowing through this gentle swale area, re-wetting the hydric soils. Vegetation has become primarily hydrophitic. Thus the new culvert may have restored an historic wetland swale on the site. We are not certain about the implications of this kind of situation. Our opinion is that the culvert has not been in place long enough for the soils to have become hydric. Thus, we are led to suspect that the soils have been historically wet. We do agree that more water is being discharged onto the site and that this water is now reaching the site in a channelized point discharge. This discharge and channel may be a issue in development of a project plan for the site. We are particularly concerned about whether Renton will consider this culvert to be carrying a stream, based on the issues being raised for the Sikh property. Storm drainage can be piped and discharged lower RE: Talbot Road/Tynes B-twelve #87-129 October 8, 1997 on the slope; if the discharge carries a stream, it will be treated as a sensitive area with buffers like the other swale areas on the site. We strongly encourage you to explore the permitting issues the City is raising with the Sikhs in order to understand what limitations or considerations may be imposed on you as the downstream owner of the drainage. Please let me know if we can be of additional help with the project. Sincerely, B-twelve Associates, Inc. S.)2/0/7i-Z/ )ee lf,12-1t_Pi.!.1>4: Susan L. Burgemeister President Enc. Wetland Map file:sb\87129bud.doc EXHIBIT A: Vicinity Map Z I r rr . 1 ce.ee i SE 1791xL =t a,1.- kl3RD ST 'Q ST(URR MN. <I gi se s zs SW l - S 1:1 tt 19RM a . TM im;" sr if 179M sr SE 180TH 4 SE 180TH ST),,1 3 r/'al ` Eelsr s T.E, 167 asr'S R i 1 >,r eiSr SE W d a 182N0 5T s C I LIZTh i .,. s s uTH n sE SE ' lip 32 ' ( sE1 I' i •n• N I Si - i SE „ SE___)BATH"I ST 4' ST SE IMM_-!.184THI-; u 1 i J` T JP' 3I i-W1 vl ,,..• t7—r SE PE, 186THI ST SE 186TH ST 11 1 i 7S 37 sE t87TH sr'"Sr"^nr-' AeR^ : _- i _.-_. . 1 E3 ' f067i1 PE SEA nE sr I S 187TH Src= sE le7r sEf I S `,r usi„'$ ®5 = / tprx `` SE 1881H t' SE tl9111 9i t SIR 1xn"(11[1..6x 1 xivWi ElS190THST1 1 sE < 1SE 901Hy sT 9 E 190M ST 1wn1/ ji m` O 190TH;I 91?1 I` ¢SE 19o1H Pt 1 e , 11m1SE 1 1 ,.` 92ND sr __ S 192N0 ST S 55TH '- ST ,192ND-: i^ST SE 0I =. I::-:192ND STT vl Ii c i "z g 11600 94TH ST II 111:. . ) \)> '' CI I,: 2I111 -; 1 SE 19.M I Si NI i II196THST111 1 5E t - Sr SE 96TH A4 191TM N T = 4, W i T J 1:1 1 S 198TH 5T l,eT" SPRIAGBR00r.1 >. I I SE 197TH - 19B'M 5T - s + N I 6 z _- PAR1C'."I I 1,9SE EH I F- I SE 19 sr sE=1 I I I 200TH ST < I IS s 200TH 1 'I ST '1';- I I- :SE ST 200TH ST l:s`1..1TM" 1 9600 a i ia SE III}'''2Eg71 0. I @1d tit.,, a NI B s s Z. 1 o I pi;1 2^2w0_ : 1 y I Sp1 202N0 ST r' L s, .,a)i1 e.<. y, I \s 1 Itr 6 0, nab31 5--) <I5 +20380 r l iiI` II 1 1 SE 20380„_, P z 0 0 P1 : '. e. I`':I of Z04 H$I'i1 ST ' /, r, ST N - II I SE ct Z. s wT(+ z I. lT';s H.1f9-II S 2osTH-P '' ,n , s7r- I za5 1,71' W^z. :.: '1" r-1:*_,:. ss msM Y' PIs1MCIJW SE. I tMM_.Ii-I< 13'1, EI< __ 1:'. _ sr '' y $T a r .3 PANTHER --I :, - H5, ` aI.:. l F s2~ s 1 =S 1ES SE 2 Di Pl LAKE sE}`Le-` ..5? a `` =s) Sa 0 207TH ST-SE,,„ awn £r sr..7`1".,_s t 209TH s zoeTH T zas,H Pll SE r ., g:r. , 208TH =Ir.,_ 1 ' ,;-""" ST t'{,,Sf ST ,"' ----, s, ei I I 1. a a t = 10800 .1a1_;a<a 1(610 =a , S 209 1 , ,ST 3 I '<..n is t It r 8 , a.5 0 >. SE:CH,"c.1_ 7E Sm210TH6ST 4 il S t,. 's. . W`.tY" ,,E C J i. t ,u.\ m61sE MTHtt SE2 • SE M..' 0! tSE 2119!-i n PE o`2 #, l SE 211TH SE :%1r~\ 44. SE 2107H"'I Pl g—9 ti ' 'I" T,f^.-" t` t 1? I Pt a - 1S212THSTS21 °'2 J stl t8 212TH -,sr M1N SE 2uTH = c,-iC.,r s n1M S1 .S`` y 4, g 3 5 1 SE"ice 212TH ST SE 212TH.I .. 2..r2.r ie `. 4 NORTH B-twelve Associates,Inc. ' ~/Reproduced with permission granted by THOMAS BROS.MAPS. This map is copyrighted by THOMAS BROS.MAPS. It is unlawful Ecological Systems Design &Management to copy or reproduce all or any part thereof,whether for 11 0 personal use or resale,without permission. 1103 W.Meeker St.,Suite.C • Kent.WA 98032 206)859-0515 Fax(206)852-4732 Job# : 97-/1r4 Date.- $-i5-9 7 GLACIER CREEK Drawn by: r.4"S Scale:CITY OFRENTON, WA Revised.- Checked by: MI II 1 ? k ‘7,- - :::•2:,--?..-.•,/,/,7, i , \ I \ 1,i 1 ‘ \ \ \11\i j ji ) 11 4--;•,,-'./••-•,/.../,-, ' r i 1 1 1 f .•1 10,441iror, 1tieVforIfr fro r /il Ad\dir .,,,,_. . \li 1 ill *-... -*\ 1\''' \ 4%1 ' i i 44 °4VA r0P01II . ! \1 I I il f‘l, \ \ \ . \ \ \ 1 1 c i. 9. o w t . k \ \ ',. \ II i ; i 1 1.1:: !.'frP101"0,01°./.1111111:\',..‘ i l=•• r 1=- I ) 1 d—es(((\ \, •\ \ \ 1 \ y ..,p,k E 1 ut ut tit ut ut ut tit til oi 0 k .•, , -.-\•,\••.,‘ 1 ) / ) i 1 ...''''kr Ar 0: ,I # oq qq qo 0(1 c t. t) 1 i 71r, 'lk 0140104$D E D E D D mE laikliv Vil WI N ,Li A 4.1 ,....„ Ao.fr,..4404.-4,.‘ inn cogigigc. 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I i \i4 I:.\ \---' ( I / • Nur' 1 4. tc, I ol 1.1 V 1tbCrQ ,_,,, , \ \ 1,, A, ttP,t, :44:,„‘ \ \\ \ \ \ ''.;•: i'''': 001\ \ \ .I ) i Al .1 \ \ \ t 1,11:4 40t4 r rs \i 4 1 1 1 1 1 1 \ 6.4I11 1= A#10 'P a ..7_,-, \ , \ \ \ \ \ 1,,,,,I, ••• \ . \A t I11 ( L 0 VO \114. tommIt \ \ \ q#A0$0.A., 4,E s \ \ \ \ tt. .\ ‘ \ \\\ \ \ \ If;:A IS040 0r0e/ 4t ..(, II ttt$ I \\ \\ \\\\ \\\\ \. 41.',:t1,-0414rr/eiot. ill\ \ 1. • s \ \ \ \ \i t, NN ifttv N k .,.!IA *1 k 't \ fila49,ab \ ' 1 s„ 4„ N. 01N '-- -• ' s---f k.., \ 4 \-__.„ --\. \t,4a. r Ow,'do#P10)2t-Pra,,g orefreArimer,"40.474/4.-"lawAY - jr.oler9.,. ._ ,i1 \) 41,- 0 AO 1i ‘ '.4 \ s 14: Aei .409 ri, ' Ar AN10PI \. \ 1,, ...\ \:\,. \\\ \ \ \ \ \ %.•,.. .:1.,rire ArA, , rilV.k.',.!",.',1.'."-Tit#r,0 '..11 , . 411/.. ^,"'''':-- " ' "•-;,..'''. -'; :-2-4 ' ',‘"N..34. -. ';;.1 F.A14,C.. ,,,I,R44;i"--.5i n.'-Atit.,',it-.= ..-,-,.: 40 1 I1 II.:'t. .!i'''':Ii4tki: #;f44..Ittik,--::,,, Watk*VP4,:'' .•:‘' ,A.., „, rz{411' ,,,, ,; ' li . '''',. -----4-40--:-.1::.-4'•'.. -541t';.°'-'''' ./•;7",,...'._,) • \ '' 11.:',N?'''''t h144 1 I IFi1 \ i ..1,Al;.1.• ..islih11iI' I \ \ I' l'•'.Ye '''V"'yti- 'ill" 4?"0: - ' -, t,.. ii0 -:- ,,,: - ., , - 4 -. . ,, , ..- . . 7. lzu, _ IIi. '.; t f 4 ). 't'--' .. 4. ' 1,11 ft;,. .44, -• •fi "'. .P ' 41"1 • • 144• At4; 1! 1lk 7...,----/- 7---,,ittl•;1,; ;, r•-.,''' ;' Al, ,. - . ...--%,g-i,b,, , 1 11 \ • \ 1 1 kt \\:, __,_.-)-7 ,• I t ti P 1 1 b....iT:: 1 r ••1 71Rgriflm ITH \ \ ; ,I., k 1 q( ( pi, , 1i \tli , ir4,„0„, ,,,‘, \ ,s,.\ 4,• S i( k I 1 \ \\ 1 toti • tliti \ I 1 \ illI\\ 1 ( 1.,r,;1:-?': 4'1.4 it.:,,•ti'I.. ' 1Igi, „alt.. • .„,T.t.•,,,..,. 0, 0;,,, \ ,,,.....: ;,,, 1 1 i ,ill, 8 \ ,R 0A 1 I tri 7!•; ‘-4),,-.'' --\ \----=? Rt\c, \ \t'l ' 717 1 \\:•„\\ \ \ \ '° \, '‘, \ c.,40 ,,\.\\ ,s..!: .cii:: 4er Aioi,_.!-..F. sf7..,:•,, . ta:, v., rsiN 's \ \ .,,•'0:cevAl,, c:\ \\ • i1-1 to i irt!, 1.a eik.-drA i \ lt,* ''' • AO , t 441t 1 ( t tll , \-.,•-_,....,_ ..,IA,,'.--11 rri \ , \ . \ \ \ \ \ uar 1\\)‘ i ii.tior..e.t!, _ 4. .4.. gr. 4 \ ‘ \ \ A,--.?:.-,•.,..,',..\.-, / itigOTAP:11 \ :.\ 1 i , lcn-:---_--i----.—___.:.:.--/.......--,)---/----1 34--- I 1` S 1 l/,,,.>>. 2..> '.-,i,..,7,-,._:,.. i \ (\...!.....55TH STREET 1 ' 1 I I- i- EXHIBIT C: Soils Map Base map per Soil Survey, King County Area Washington, (Snyder et al. 1973). i mg, J• • ........ y It r 1 L ilk• • 1 1. 4, H ktr.• • 7 AgC I 1 S . fl 1 SQ 1 1 ,silunift,,,sitiAdat, , /L x 1 i j4 Yr INORTHvB-twelve Associates.Inc. ` =/ Ecological Systems Design &Management 410 1103 W.Meeker Si.Suite.C • Kent.WA 98032 206)859-0515 Fax(206)852-4732 Job# : /7-/44 Date: 3-i5.11- GLACIER CREEK Drawn by.- s4'5 Scale: /"=ice° CITY OF RENTON, WA Revised: Checked by: EXHIBIT D: National Wetlands Inventory Map ry. 4 „.i , , 1 /,,, i; ,.,-.„ e4,i z., ., • V .-•::',-4,.! irc / .4 44 di '. ,I, . i .4"'--", 4 , :.• ,,,. 1.4 P , . 4,4...,.-',-•'-'4 ri PEMG ff t< d PFOC x t PEMCx i i. •`'X 1 °/ ) pFac iy(:{ :7:?- :' a 9 i Yits:i?Q(::i iir$'r'•=:f_ ':i a} i 411* _ r-r...a..* V is i i 1. ..4 4'ti a 1Qt1 3 l a3USli S it \3 ss * a ' s ! i a PEMC i ck) rr -\ 1' 4 NORTH B-twelve Associates,Inc. a -v`I= 6 A MapWI quadrangle: ^/ Ecological Systems Design Fc Management Mapping Date: 1 103 W.Meeker St..Suite.C • Kent.WA 98032 206)859-0515 Fax(206)852-4732 Job# : 97-/'' Date: g--/S-97 GLACIER CREEK Drawn by: z«s Scale: / ` _/oaaf)- Revised: Checked by: CITY OF RENTON, WA Tijr __ Mi- --` off' . k— l r 1 y•Z fir Ati 1( is c -- 'r . `1ji 2:: i NTHE ..CAE, /,.a1F'A i.;SUE=EtAS1 r''' ` 1 '/ 41si >rtrt+t i 0 . 1 f SPRINGBROO• K:44,1,,, SU,E-SAS:N i } ! ; '„.'! t` 7! Sources: 1 ' i ! )!j ( Klnr, Co. Sensitive Areas Yap fo(10-1989 1 , ! ' I i `\\\\ i\Cay of Aenton Cammunity Praftle-1989III', \ + * City of Kant Topograahic Nap-1988 a 1 \ '! } ! ( \ ! *City of Renton Topographic Map-1962i \\\ ' *City of Renton Wetlands Study-1981l t: <:: :: »s::>:: l 11 \ \\ \\ }\ \\ \\`\ : •U.S. Oeoart. of Fish & Wildlife f:;`:':,`:': :::: } ; } ! } ! i National Wetland Maps-1985 L.•.:::::: : 1 ! i 1 ; %i \ 1 *METRO Water Pollution Control Depart. ir. 1987.1988 Status Reportt3::` ••• :•:::::air': a:? •:4:::;::f:>i:. 3 •:$i- ! ! ii \ Washington Slate Depart. of Fisheries 4.0.::::`,::`. . . .;-:'::•.iris .•:.. i \ ` ' `} i Catciog of Streams and Salmon Utitzation • ii:iiiiiiiiiiii:.:ii:iii:iinili i S`,I(•• I'.• . 1 1 \ l PC A, \ .\ I cr s- \F i ‘ • \ 1 \ i, l O 3Off We 3j' a„' 4ai 5cur1Gar'y I 11117 N SPRINGBROOK CREEK City of Renton Mapped WtlanIt y pF R. r- U.S. Fish & Wildlife Mapped Wetland 4 CO _ ,, ii Study Area Sub-Basin Boundary HYDROLOGY y Anadromous Stream A Stream ra swot`''Seasonal Stream GLACIER CREEK CITY OF RENTON, WA PYTNTRTT• F I I III` 111.32 §'IJ8 1 i l E ;1) t t 1 1 x . , , i \ . l 1 nl;11 ,1 I I l N , ,A. IHIN.Ii fri 1' p i 1 i i I i f MlitirififfirPegium Y ii LIomit or._,,,,,;,./ /, 1. , ii \ , 1 ;s eV rats.1,1 f ' l•l,• 9 ut 471. kii lit.44, sop, Ett)11-1-'c''' \ i\ \ 1) ' $1VV\i'*\441411441"‘ Ir4.1e%. 0011 If 4 c4 , I f 10. 0I‘ -. ttC)*:0* ol4) i\,l\ I it 1!..\ 1 V‘._;. 7: 7ir7;-:111, 0',-,.,_.-_,.:.-. S jj11Pi11ri 07t t ti1 O A114, 140r.%, 1 401i I})0;4- i lli t -I - . ' , 4. r 1/ 114 t . I Erd di""1 .4 . 1 iIL.Ill z Niu - It74.1044.11hr% 1 i 4V--f6..r I Ili) \\ Igt .. /(1,401: "ilkiti.Jor.rnti 1440N filifvi11 (0 '} \\1..-Nt. 0\1 leillil IL,terI l Iwt1r) })? V 1I`i I 1 1 III lr I : ii,rAiii) II,a Ilikl*Te. Illtsb 11,‘ L t 1161 55TH STREET - ar+ =a Ilcai a t `; 1 6 tos., asautuis., Airaum • ZS Hi _-.. l I lII ly Y ' , w.-....+_,:- -- — wlw.-, i r• Mw. w.. ..,. IP limdlittktiooi emu!" lowyriellra i LAN !. " v t 010 L- i---. 1 111 WrIPAttO%' k 1- int-, 440ji OW' " ' * I, * ' 1 - " * e $ rilligrasvia 1 w , 4100:. Aj) la diterA l it 123u.!` j 0:' 1 \.\\ F . 1 \ i\\ \ \ \ ' ( Q 7,----- r \ i, A ! 4 4., i Si 7, 1, I k g * k t 7 Wr, j Ivwii 1 ' aUfirt'';* iki‘, 3 i lamilinr r ! ,. i . lea Kt p. IFETZ= Lirii i 1 FIE1 C • i Its LAna 1 i 124) II I . 4 i : Ili lki. 41,, w 1.\ \-\.\\ K \ i, it J it 1".: 4 zI I I) 11. W... 4. 44., , ram ` a tjt A4 1 V-. il-.\ lei, 14. 110111Sid t . oW1a 11 s A 1. lit ._ b It 1 Lissio 11iliKtigirmitit. viik i \ a., 7 i: 1. III_ i it a 0 It. m: 1i, 01 kilkilit 0 16° 1 , I 1 111- ` ter-- 2" 1. a a• L I Imo,,,,iiiii al A1 Isipii 11 IT ° ( fli WIPI ' Ilie P4 1 7 t 11 kvit)::: 2--, 1.,.: 4k.e____, i - 0484111; EJ- 415_, N' 1, 414tiLe.\ 1\ \.\\ I\ V \\\\ frld I\ Xfill01\\* Oitt \\ u\'' 1\:\ 1\\ \ r - 77 _ 161k * fi* to ps 1,)•,, * II i 4 / ry 1 \\\ , . \,,\.\ ,\\ n_E 1 1 iitair,/ dirmli II all 1; 11111 11 ojoitr4\1 1 it s I 1 s Lil lifi Le ' WI rrl i 1 . . I 1 I. I I gnat r, ,...,, ,. ... 611 Irl poem ,..,. _......, f ::' ' .,. ! I: rii iir ' f \ iri APOW°: 11P. w * \ 1, WA \\ ' I 1 , 11. 014,- .. ii--'-'.`" 41 a V!. ik%) k F 7.. 2 4: 1 16/ ti 3 i 1 11 1 • _ IP4 \ $ rat A " SSIO" • I 1 ' N ',)\ I itio rol gyp 1 .- i 9 Lt s I I ft. t v, isl ,) z. e> ' M. 1, i VI iii 1 w iinin 4,‘ , IILLJLJULJ MIMS • nipUI Milo wi llni ff ' p 1' il' rr Irl ur rMr t1 la l.. t. tr1... YiF, fadi...... rlr. tlrr.,....,......... u............ e. .......... 1lI I// I' R/,/ I I,. f 1 T \\ \ cc- rio- 1r ROUTINE WETLAND DETERMINATION DATA FORM US Army Corps of Engineers Wetlands Delineation Manual, January 1987) B-TWELVE ASSOCIATES,INC. 1103 West Meeker Street Sent, Washington 98032 206)859-0515 Project Name/#: Ccet, Date: 7-/¢"9 Investigator: S-/y /C/Data Point: 2"14'7 .1 Jurisdiction: State: G.//1' Atypical Analysis: Problem Area: VEGETATION Dominant plant species Stratum Indicator Coverage % 1. T F..4-C 2. 3. F,l i x - C_ 4. 5. 6. 7. 8. 9. 10. of species OBL, FACW and/or FAC: /UU Hydrophytic vegetation criteria metrZ No Marginal Comments: SOILS Mapped Soil Series: On Hydric Soils List?: Yes No Drainage Class: Depth(0 in) Matrix color Redox concentration color Texture 6 in.Z, S y a/Z ch. 7 G in. 1D y2 3// in. in. Organic soil_, Histic epipedon_, Hydrogen sulfide_, gleyed , redox concentrations, redox depletions_,pore linings_, iron concretions_, manganese concretions_, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soils)_, organic pan (sandy soil) . Hydric soil criteria met: 6 ' No Basis: C"" • 1 r- Comments: HYDROLOGY Recorded data_, inundation saturation X ,watermarks drift lines sediment deposits drainage patterns FWetlandhydrologycriteriametCraNoBasis: "-'s'- Comments: SUMMARY OF CRITERIA Soil Temp. at 19.7" depth: — Grow}xg Season?:(/N Hydrophytic vegetation N Hydric soils:(YIN Wetland hydrologO(/N Data point meets the criteria of a jurisdictional wetland?:(Yes. No ROUTINE WETLAND DETERMINATION DATA FORM US Anny Corps of Engineers Wetlands Delineation Manual, January 1987) B-TWELVEASSOCLATES, INC. 1103 West Meeker Street Sent, Washington 98032 206)859-0515 y Project Name/#: (J ici C"e6k Date: - /'T Investigator: 4 Data Point: D Jurisdiction: State: 1414" Atypical Analysis: Problem Area: VEGETATION Dominant plant species Stratum Indicator Coverage % 1. /` f-/N,S F/1-C 2. /2 l ,s d di-o lc, — 3. 4. 5. 6. 7. 8. 9. 10. of species OBL, FACW and/or FAC: ''>'J Hydrophytic vegetation criteria met: Yes No arig:na Comments: SOILS Mapped Soil Series: On Hydric Soils List?: Yes No Drainage Class: Depth(0 in) Matrix color Redox concentration color Texture G in. D y"- 3/Z- c l /o•.` in. in. in. Organic soil_, Histic epipedon_, Hydrogen sulfide_,gleyed_, redox concentrations_, redox depletions_,pore linings_, iron concretions_,manganese concretions_, organic matter in surface horizon (sandy soil)_, organic streaking (sandy soils)_, organic pan (sandy soil)_. Hydric soil criteria met: Yes Tl Basis: No Comments: HYDROLOGY Recorded data_, inundation saturation watermarks drift lines sediment deposits drainage patterns Wetland hydrology criteria met: Yes 9 Basis: No t ""/` a Comments: SUMMARY pF CRITERIA Soil Temp. at 19.7" depth: Growin Season?VN Hydrophytic vegetation: Y/N Hydric soils: Y/Wetland hydrology: YJj Data point meets the criteria of a jurisdictional wetland?:_Yes/No i Q If rd+1 ta--1 L..)I I — — V CJ/ 1..)...)/ :/C.) t AL to',. ( f 7x®. — -- TAL BET.T ROAD 77— TAL BOT-RDAU r _ - — - - - 7 I i_ tl/NB0=t3 06 -1-3O"E- 1-:63'—•-T— X It 111 2g r I q J 1` JILT • , 4--Ir.! '` .1 J`I I^tci; c. / lit,_ lair - T`,!;' 1 I i 3 2 1 1 I f i / r:1-32 I 2 I; `A d W J`I i a \ • 1'' i I 1. i i REC EI L%_ 1 ` r F Q11- % k• L i II 1 .J tp III -or ID- l t. r 11 .4. L_ _ I _ W j i `13:1 rL NJ A III al11 ' } Ir Ir Ir T II c , ...,_+' _ 4'--'•_- 4' Uhl. 2s 11. 1C =li 1 I 1 rr L emst I 4- -' 1 yr -1=`rr -_Ljl''"` - / y', 2 -$r I j1\ 1I .I I I 1 1 _}-' Ii ,./1 1 _./ t+ „r2 A-y Y—` IYn r s 1 I r I I 31. c) a rw I All 1, 3 N. 1 ,f I I 1 % !'`r i l i r `• L f jI 1,2, 6r _-C7:. .,• 1L E I-- —_ _`4_4.i•_ 1 a_ i_ I]I.11b: il Ii. _, , 1lJ 2 I I 1 L. R.'1 I f f-Ii MY" - ;_-_,;.. ' , _ /; h' 1„ III I 24 . ' I'r i f"'Esc r f _ l. 211=11 , 11 ' 'r i O I i L ,, f r I r ' N/q q`g7 tinrIIIs9 _ . 10 1 I 25.00 1.';'tiY 8 f y N, .14' 44W 953 I 1 _ 11,E mil — 105 N0000'00"E 56.57 8 5 I t' L`:57'15 vi tp J ' 1s1 . i t i_ ii , : ;N79'29' 1 PROVIDE FOOT BRIDGE I I l,- _ ')y \J t`; I i J i OVER BIO—$WALE r!1 I j` ` 2 B 1- 1. 2 \ 1f I t Y - i t% '/r 72 ll 1 TRAIL CENTERLINE I 15 fEH ill u J r \1 1 1 I nill 15 14 Illy't 1•` 1liI lt I I I i I N I r 1• 1 1 W F i J - o. 12.50 ` ` N?j5n13, _ 1L ' i_7 __ y 4 7F N130902 V j TRAIL CENTERL 1 g 6.00 i t[1 =i" 1 f Ate' 25.00' PROVIDE FOOT BRIDGE I U „>,,;, z iv,,%i- N1823'44'W76.57' i Q I Z z L,a S a OVER BIO—SWALE WETLANDS j nWi mow ti6N\579 3e I I 1 WETLANDS I PROPOSED PARCEL LINE I/ I PRoE°t8o TLR DRAWN BY LEGEND 11/o2/98 GRAPHIC SCALE ISSUE DATE PROPERTY LINE n NORTH_ SHEE/REsoh TRAIL CENTER LINE 1 IN MT s I inch- 60 fl TRAIL CENTER LINE TRAIL EASEMENT LINE u l © s 1 'r' _ _ _ r\ _ - — _ _ I _ _ 'r1\Jii CAI/'_IAICCQIAIl-1 A Alf