HomeMy WebLinkAboutLUA-08-091_MiscBranch :PNK,User :ODB1 Order: 674497 Tille O!licer: 12 Comme· '· JHC '"
~tat10n Jct :ll UJ
j
KING,WA
AFTER RECORDING MAIL TO:
John Smith
PO Box 2670
Renton, WA 98056
J
20041110001865,00!
Filed for Record at Request of:
First American ntle Insurance Company Si¥:;; First American Title
Insurance Company
... : .. "1, :·
QUIT CLAIM DEED
File No: 4261-449752 (KVM) Date: September 10, 2004
Grantor(s): SBI Developing LLC
Grantee(s): John L Smith
·iq~-r ,, MERlf:AI\I /) 31py':) z.. ' A, ' u '"--~ ...
Abbreviated Legal: Lots 15, 28, 29, Brookefleld, Vol. 223 Pg. 25-28
Additional Legal on page: 1
Assessor's Tax Parcel No(s): 102305933008; 9101; 9241; 9404
THE GRANTOR(S) SBI Developing LLC, a Washington Limited Liability Company for and In
consideration of reconveyance after development, conveys and quit claims to John 'C'!imitti;' the
following described real estate, situated in the County of King, State of Wasijingtori; togeil,'ei with all
after acquired title of the grantor(s) therein:
Lots 15, 28 and 29 of Brookefield, according the platthereof recorded in Vol1111)e ·2~3 'of ··
Plats, page(s) 25 through 28, under Recording No. 20040901002377, ln King· C:ouiify,
Washington.
SBI Developing LLC, a Washington Limited Liability :·~ -~
Page 1 of2
Page l of2
E2082895
11/10/2004 14:B0 KING COUNTY, UA TAX $2.00 SA,E $0.10 PAGE001 OF 001
Printedon4/16/200810:IO:ll AM
Document: DED QCL 2004.1110001865
Branch :PNK,User :ODB1 Order: 674497 Title Otficer: 12 Comme-•· JH.C ;)l:atlOll 10 :11 UJ
,,
'
KING,WA
'·
20041110001865.002
APN: Quitclaim Deed • continued File No.: 4261~449752 (KVM)
Date: 09/10/2004
STATE OF Washington
COUN1Y OF Pierce
)-ss
)
I certify that I know or have satisfactory evidence th~ry J. Racca, is/are the person(s) who
appeared me, and said person(s) acknowledged t th stre7ffiey signed this instrument, on oath
stated th h is/are authorized to execute th nstrument and acknowledged It as the
Manager o BI Developing LLC, a Washington Limit d Liab· Company to be the free and
voluntary act of such party(ies for the uses and pu oses m nti in this In ent.
Dated: _..f__.!<'...l.!lf_.~{)'-1---
Page 2 of2
Page 2 of2
otary Public in and for the State of Washington
Residing at: Sumner
My appointment expires: 10.02.05
LPB-12 7/97
Printed on 4/16/2008 10:10:15 AM
Document: DED QCL 2004.1110001865
.,.,, . ._ ' ~-•. ~ -~-~·-~~ ~;'::.'<" ......... :·~~ r
···, ··--
',' "l •O" "' " .,., • .. >J J.I ll ,,; u &,,
George :v J!erri ck ~C ?:i ;;t.ieJi¥i :retr1cl:
hi" wt of c113:1ton :!.n ,· ,:,:; W :.mi alt>G
;; ~. ·, -~··:.~; . '·-. ;·:_:'ti, ..
oi'Aua<;in,S of}tim. ··ta to Sn0,1ua,!lie Falls& l'hite Ri"Jer
Pow(lr i::oiapary, a ci, d1a.!.y orcs
& e.x und tl'.e law& 01' the s o:fW
;' p do her.a ts den a g ar,u conv to s 1; 1 ts ti tZ'! end. a a. ve,·1Jetu::il
e.a.sa1nt i,,. ov t:,1, s;.rtl :.c a cert stritl ol' la id in" Co i,d s:a•.e,
,...-d1)i;,c ·.i, fc,l,to-,tt; .-· ~ -·
Th.a. ~ r-_.f"I ... ~.J --d ""1 -*' ... ~"Ct..1 of' · ~o 0 ·p .,-... : -::::> 5.,.,.. ~--'!\~ ........ for ·. , .... ''2 .,,. .rnq: an "~ VJ. ,e>.rq -l>e C ~ ;, .,,, ,, n .r,, ....... ,., '•
.. -( '" r of w 10 ft wide in 07 t.hr 'an,1 ac s !B bd lar,dt' and where the pre
&ent lr, iti coru,tr and :.ow erecteci: and ex, .. tos wi t11 t."ie rt to a."lt the re on and mai ntJ. in. a pole ln ov :,c ; . .-e
' '. ~,.~./
and th~· ad land a.".d t-0 ,er.iew ,1:1d ;)r"J) ca.re of ,-,ct l<1 a.is ,~a~1 'he
nee from xtime to time.
To h :.:-id to h u ... ', ·) s p i ';a s uc and a ab a 1:ie rp," tua 1 e ase!'l:1t a:..
hsreinhef men
2 wits
S of W Cof K);,s
George W Ker,ic:-:. (Sea.J.)
Kittie H },.a r 1·ick (i.;e a.i.)
.Tul.y l, o4 b',y G W la be f .,Tm.re o Hart J, P i:1 u.nd for t ~ i, ., :· v:,
res at Auburn in :,d Sta. te Sell.
S of 1ilnn Co~ Y.owcr)ss
,i'uly ? ,04 by K HM ?Jf of G W :<.: b,=,f Wrci I' Eowe ,: P in and for
the a Qf v.Kinn res at Aui;t in sd Sta te seal
00000
D Fl.'-1 J~. 31.· 05 3: 46r,m
Dtd < ,.rune· 2 ,ti 1899 Con ~l
Vol 409 D PB 625 31'7795
col.Wtbia. & Pur;et Sou!'ld :Railroad Gompan~r, a ,~orp duly or~ex
un.d n.lld. ·tw vir a-r t..'l~ l.1.ws oi' tl,:0s of W ,I""\,,'"~ :J
W:!.:J..lia."ll T Eaker cf ".;hicago, Illinois ~f(~,~,.t,f"~ · ', .· ,; j
F p li<l'i. hareb;, r rand f q c unto s p md to hish and a. th1:_,..,.-,,,"' ,,: . <tr-t l'Jl'ld s1t!n 1< co w to-wit; ~
' '· /;om at a. pt 3'?.56 :rt Wand 5.42 f: S of the NB cur ot Le.t 19 · ~ ~ , of' £!pc 9 ot' the t of Rento::, t4 W p<ir wit,, the N ln r-f b\dlot l~,
;,:, • -' 6.Qll./2(1':,~h s 7.21 ft, th N 40" 5 1 E ~,43 ft to the pl 01' beg ·
d b !!!cg wl-'!ih a ~d s t~ ten &c · j
TO n)a:iif ,,'to .!1 a ana s the-bd p. tee: wi .;h the le, U!I tu a " Q(ld to '
,,. l'i'ts.';:' ;'::ltiir'a t . ...
~i In f/l,,lt, Wb the fK1. p of tl:ie f lJ hca;hauaed these presents to be l:lX
/':' b,Y t~ pfqi. fln1 -:.tt 'IV its Sec und 11:a Cl) sl ·
~: .. ·.· ')..TA u;,f•·+.ia .fr!"r" g_l) ('fn1,,m~ n ~ .. 1'ur.-o.+ ~,,..,...d ~l-a."' 1 rnorJ •rQTYtn~V!,:r ,,. ... .... ·~-..... ~ .... --r -, ..... ---... ...-..... --~ -1;..,....,. '* ---·· ,~---..... __ ... """'"".it'-... ._,·
B:,' g Ti Farrell, lts prei.iden~ ..... --~. ... -
!'p oyanu. grnt tc p---aa ll:'ii'F,ovo---eing lr f po.Les.~~-
J The N 125 tt ot the W 10 ft lot 5 blk 17 Brighton Beaoh as pe~
plat reo vol 6 plats pg 98 rec of ed uo
the cllllt l.Jl---l tt K ar-dplt tueW in 0f sd lot 5--~blasting prgtt
stricken)---~ Mary E Nash, fmly Mary E Steele
kc'lf A.ug l& 40 by flilr;r E Nash fmly Nary E Steele bf Edward P Thwing
np for the aw res at s nsJ'eb 3 43(_. ap sw) -------
/tJ~~BSfl~{ .
Bi.int Sept 12 40 , ----,----1,,--/· 5120 i89 ,
S9pt 5 -iO l OV _,_...../
.Alina G v.rrfos, fl.rlan :Bailey-&.ndLue ~rric Bailey,hwt
to Ppptt SOun4 Power a.rd tight ompsJlYt e. Mas11 orp
Fp cyand grnt to sp-~sa2970090---sing ln otpoles---
'.rba w 30 tt ot ihe Dt of ~e lfffi-ot t h9 Nii-ot sec 10 twp 2'3
nr 5 nm.
tbe cent ln---21 tt !I a.rd plt tnoW l.not sd tt--,-&u.•tiq prgtt
strioklla)-----Ann• G .. rriok
· 4 Lue Kerrielc 89.ile:r
arlan Bailey
by Jf&D.uel Terr,-ai:t
kow Sept 5 40 by llui.uel 'l'erry aif tor Ann• G Merrick. Lue Merrick
Bailey a.Id Harlan Bailey bf Edward P Tbwing np tar the aw res at 11
na !'eb 3 43(ml sp sw) --------
q·ur9~ Zalllllt Sept 12 40 / V/~ \5120990 /
Sept 6 4.0 tJ_ OTO ~ ?1,.,0A:J (
Grace Ror.nuag, a ap:!.11. __..-_,
to Puget Bound Powar an Light "oapanJ', a ¥a.as orp ,.
7;i '!!:" !!l!.d g11t to sp--sa 29'10090---si.r:g •n o~ po~elil-··-
Tb.e ~ lts tt of · heW 30 ft of the3Bt o:r tl'le .NWt-at tlJD Dt of e•u
10 twp 23 .nr 5 ea
the cent ln--•9 tt W an1plt tlls :a: lnot the abv des tt---
--iblasting prgtt stricken)------·
Graoe Rornung
kowSept 6 40 b;y· Grace R.:.. nwig a spi.a bf Edward P Thwin,g .np to r
the sw rewa at• naFeb 3 43(ml ap sw) ------
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Il"&',.mt Oat, 21 37 l ' -.. --2G'70C.90 /\
. •• -...... ·-, " -,,,. . .,.......----.......
· S1cpt( ~-0 3? il, and ovc ,
!1iYJ,"tis U :1clls t a w:t.d anf: GbLrrlc:i Or~iB one ;·3rj e Crr-iist hwt, vcnde<;sj
·. ·i;o Fueet So1md :t-0 w(~1" t-:. :.:..iGh-~. Co!~p0.ny, !'i ii.:ass co!·!J ~ i3rtee ---
-I'll.!3,t the granter;;; for and in con !:li:,c,::I:z,: ae above rec pt o .. wh-ic:b is
here~ e,iknowledged, !;,.ere by convsye r;id t:;ran·ts to tlie ;fz:!cg grantee ;
i t-S ~w;i',tlle ri,ght. ;prlllil'ilee;e ar,d authority to C OlJJ~::ruct' erect. . _j
alter. ir@rov'e, ~pair,-o;peratf.l aud i.i .. i.:..tain ,;,n el:qtriQ tr,;nSlli-tiuiion ·,1
a:q.cl,_ d;ir\;~·ibuticm· line, Qon:o'.lstin,~ o:e a aine:.e J.n o:t',_ni:iles •. w);ih."' · ±e
n,11;e,.j,4~/:l-I1 braces, guys and !,,1cnoi's, ~nri to plt.oe upon' o.l' s1,,.1JpeM · I
frgm_~~Moh polea tranr,nni~~iqn, distribu~ion and si~iwl w;l.l'ee, ·,·
i~'.\\{e;tore, :cia.ra ox•o ss-arm~, t:.:>:.me1'or'me:i:•s and othet' nee~ae:u•:r or ~-:
col'lv¢:li;i,eiit flJlpurtexianoe.s, across_, aire~ end upoti the .t~ro ·_ano l,l'tlll 1 sit· in_-kcw: · . · \, i
~~~~~1'~ o!c;~: S'iii of the lifil;} of the S:il:l; 01' seo ?"~wp ~l N R 4 ,ll(~-~~·tf~§ /
The-~enter line ot, sd trausmiesion and distribution _line to b~ . .,;:,It!
locia;\;r~ as fle: .. -. . . . • . . 1/-c;) '!
as. ncrw staked 0-u't·, loca.ted anc establisn.ea across, r:ner ~·, .'.""
the· ebv de sod tt, incl .the rt to e:xtend sd line r.1cross ,Sd tt ~f ..
~J~BPt;v,,_'.a~ f.ls; sd extn o:!.'.thisline ·an m-:, ;p);~Y to.be jn a;;.
a:i,;~.D.1iW,l\t'.9P.l'Y ·-· · ... -----·. -... -. •·. ,•· --. ---_ -·_ -; · , .
T;gw:~~~f;a 11, ~5,111e f 1;9 _ -~~~ . gra1.1te e; i 'li!J: :S.t, -of_ ingri;~s~ ~'?.s\.,
f\l.~;~~ ;~Iiq;i· t1a,r9ss~:.ad~_cr.:.; ;la_n~.':PfC-.tl:;'~"~~nto,: for,·~!ys-:_:.,
coti;!!'t'!mo'tirg, _ recioJ,1¥st1.-uctg; repa:L1'il11!; .l,'li11.$Wi~, altei~-
;pe.'t~'+,';i.:i,u/i a:nd_· oper.~ ci-ng_ sd 1¥tne ,'·aE.:a t:i.e rt· _at ~~-Jii1i.~:;~i,;,
sd, p~l!:i$, wµ:es• ai'.d ·<1'.PPilrt tart!..-u' ,a. l~-,Q,f.l,. . , · _ _:··,:;<",\"1
· -.. /~§0 :tl1e right t':i the _graptee, its -Sil, e::; §1.ll :til/l.~!i-;:, ·
ai:fi.ijj"~(eit'.;41na timber, ail,d, trim all ti'aes StRlidi',rjg.,01'. Gl,' t 1~iit\y1µic;:1,,f'1 tne ~Jjin:lon ot:· the. gl'tee; o6'i:;$titu'.:e ii,
d~~-to-sli liµ~. . · ·. , ' ----,-,.:.,,, . -~h~ IP;'to~·s --thei:i.· hei.rs' suer; or ol'isisna, ccr a~c. 'It.
will not·. iio any blasting or discharge any ex:olosi ves, .. m;l. _ ,
o:i' l:,p~;.:r-t of sd li:1e vdt~out giviug l'~asonable llOta :'.,>J, 'Viz'.;,~:
grtee ~ its se. J _ ~f inten~1 ?n ~n to dO•P,"'-_ ::' .. · . .-:,:::·.\~?:~1_;~~?1:fW\. _ .,.'J:'lle .. r1;s, ,:;itle, pr;i.v1.le13es_ c:nd au,:;h h:rby grant;,90 1:1lii~J~:::9i,
and,}l~;Jn. for,ce ~~-i·Jli,,'s~ltcl:J; i;;iJ,:,';' as the grt!>~, i..~,;;s.~t:,:~}\,a,~:;···
p erm,l).n~!itly remove,:~;q 1;c;i1es, wirss and app,)µ'1;_.::t~?,\ll~.sw~,·~,;~
shall otherwise pe;r!Dl!'~ntly s..bnndon sd: ln-, -ai; \'!_\1J<:u,time· a_ll-,""-
. rts; t:L', priv. an~ s.u1)1/ hi'by granted s_hcu,l termi~tar~ _ .. _. ''f"·:r (M'JXJ-CL/\.u3E IS. S'TI{;tclcrn} . . . .,,,,
· nn·: tfa"ii:i" inst has. b8nfr.E!}:·e .
' ) hyrtis C Wells
by Claude 8 B:a.rk~r,
Charles Craig
her e.if
King !~rte t;r~_; 12
~z.c:zee Co r1n ..:.ie11t 30 3? ty C.ta1""J.e; 'Cre:i'.3' .. and l~rie Craig bt
s~NertSo7L n"O :ear \·;n res at J\.uburn {nu Ju·\1 28 41)
km'.1 8Gr,t:s·o 3'7 by t.?2.a Cl,.aude .J Da}~l-:e.r, aif ~or 1,::rr·::;:.~
bf ~"ielter s,var..son n9 for \;n J:.:s ,:;,t .." ... \tb,1:-n ( ns Juu 28
:rr.oil tp o::.,--rr,p:i-e ':In
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'.;~',·
BROOKEFIELD
A PORTION OF THE NW 1/4 OF Tr'.E:,J;E 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF R'"-N 1Qt,i, hN~ COUNTY, WASHINGTON
LEGAL DESCRIPTION
THE NORTH Hl\l.f Cf THE SOOlliE>\ST QU)Jl'JER OF THE: NORTH"IIEST QUARTER Of TH~ NORIBCA5f.QUAIHER q'
Sl::C110N 10, TOWNSHIP 23 NORlH. RIINGE: ~ EAST OF 111E V.,WJ,1(11£ l.!ERlOWI, IN KlNG COUfff~. WfaS'..<l~GTQ!s •..
O[CFJ'T TH£ l'IEST 30 FtET l]-IER£0F OOHVE'!Ell TO KING COUm'I' !'OR AMELIE SCHEWE ROAD E:>f'1. 81 DE6P
RECORIED UNDER ~ECOROIN(l W1JMB£R J.2&1892: AND EXCEPT TiiE SOUTH 180 FEET OF lli€ WEST ~O FE9"-·-· TI-!E SOl.f1H 80 fE£T OF THE WEST .3JD FtET OF TilE NORl1i 11.ll.F OF THE SOVTHEAST QUIIRTf"R '-.Jr lllE
NORTH\IEST OOAATER OF THE NOIITl1Eo1ST OUIIRTER Of SECTION 10. lO\'ltlSHIF> 2~ NORlH, R1>.tHl[C.'1 F:AST Q!'" ·me
~LLMIETTt M£RDl11H. IN IQNO COUNTY, WASJINCWN. ••
EXCEPT TH( M£ST 30 l"EET THraf:OF caNl'cYED TO KING COUNTY FUR AWEUE SflEYIE ROAD EXT"N. m·:,,O[EO
RECfJRDE{:r UNDER RECOROO<G NUMBER 32t!Hl92.
"'""-.
'1l!E -™ Ml FITT OF 'THE SOI.Ill! 180 FEET OF THE: 'IIEST 3J() F;IT or THE Nofi'~ H.o.l.F (lf 1/lE ~bi.:rn-1~~:;--j-rfu,I~ ~~r~JH~~W'Dll~:.~NN:w~Nw.~IN~:.11°1,10, TilWNS~IF 2-.> NCRF,',,
EXCEPT TiiE WES"T Jo FEET 1H€REOF" CO!i'>£'1ED TO KING COUNTY FOR AME.I.IE ~E~ RO~{~~·;;f.'-er Offil
RECOODED UNDER RECORDING NUl.l8£R 32BISIU. ' . '
PARc:El. D:
TttE NORTH HA!.F Of "Tl-IE SOUlH f1Al.F Of THE SOOTHD.ST QIJAATER OF" 111E NORJl-lwe:ST 01.fa,nrn OF n-ic
NOOntEAST QUAllTDI OF SECTION 10, Tll'IINSHif' 2J NORTH. AANGE ~ EAST OF THg •• 'Ml.1.AMETTE );l~P,l~l.!<,N• IN
KING COUNTY. WASHNGlDN. \ · ...
EXCO'T TH!: WEST .ID FEH THEREOF" CON\/E'IID TO KINC COUNTY F'Oll AN,;l)t.SHEWE ~ EXTN ~y OEEO
RECOROED UNDER RECCIROINC NIIM6ER .128\891. •••
DEDICATION / CERTIF'ICA.TlON
KNOW Ai.I. P£0f'I.E Bl' THESE ~Sf.HTS ll-1.0.T II€. THE l,INOEHSIGll'ED O'IINER:$ ,ti FU Slo.lPL.E-.Of' -eE LAND -l[RFnT
~~ =T HOEkC!.~\H~l~~k ~Jg.CA~ %.™tu~: :~~~~~~~so"'fu;;~i;; :t~A<E
Ai.I. NECESSARY SLCf'ts FM CUTS >.NO FlLLS U~Oli 1HE LOTS AND BLOC!S SIIOl,!,i·'<f'I THIS PLAT I~ '.H(
ORICIN/,1. RE.o.SONA81.E CRADll'IO ot 1HE STREETS I.NO .O.\IENUES'.SHQ'MI HEREON, AHO 'fl/Rn<Ell l":Ul~~rr TQ TII[
USE Of TlfE: PUBLIC. All Tl1E C,1,SEUDITS SH!JW,1 ClN TtllS PLO.f'..FOA M.L ·P.l,JBUC PIJR~.SE:S ,\S 1.~0IUTD
TI1EREOH. !NCLUDING BUT NOT UMITUl TD UTlUTlES ANO DAAINAGE. ·
l'R.O.CT A ts l,EIIEEIY c;RANTUl !\HO CCINVElm TO ffiE 9ROOl(EF1Elfr.Jloll°tO'l,l,jERS ~ATIOV (~A) Ll~UN
RECORDING Of THIS PlAT FDR $TOlll,I OErunoN F'Ul!POSES. OWHER:;illP AHO M,o,J!(ttt!ANCE (M~JINO AIL
f'RIV.0.TE SlO!lM 00/JN ANO D~llDN f.O.CU11E5) Of 5,1,JQ .~T SH.U. ~ THE ~ESPClNSlalc.lT'( OF ll<E HOA. IN
THE E'IEJ,IT TH.O.T THE H0.0. IS DIS:S0l'>€D OR OTHERYIISli:".F'AA.S·!O MEET ITS PRQ?aiTI' TAA OEll_iGATIONS AS
t~ffi :~~1~oor~~WI'rJ~~~N~=~~~~i~~'.;\~%sc~~~s\6~s~v
ll\'NJl Bl' TllE HOA NIO HA~ THE AT!ENDANT ~-1',NCl>.L .o.lE MAIN~~CE flE!i!'IOM.!\letJl ES.
AN .o.cctS5 u.sEMENT OVER 1!1ACT ... IS HEl!EBY D~i::.o.rro TO TtlE CITI' bf RENlON FOR lHS l'L;R"OSE o,
OB~Nl. AND INSl'ECllNG 11,E PRl~.o.rr DR-'IN.O.Ge:•F.0.CIUTIE~ i,l1tt1N SAID 111 .. cr 10 "5SURE THAT THC
awNER(S), nmR Si.:tCCESSORS .o.llD ASSIGNS, AM.l'Kl;f'ERL'I', oj,!'.1(1.\,TINC AHO lol~NWNING s .. 10 F.l:;lllTl[S
~~~fl<k,_10,..:'sw.t[~J 0..:;~:rg~~{:fo C:::cf +S~.J~f~~Jl" :ire; s~ta0{~~~;;t''
FACILITY IN THE EV<JIT TH!: D"IINllJl(S) IS/ARE-tlEGLJtlENT I'~ T,-,'E l,IAINTEN"lil'lq: OF lHS D~IJN~GE "ACIU rES
THESE REPAIRS SHAU. BE .lT THE 0~8tS Qlls"r. ,, '·•.. •.·
LDl 1~ SH>.U. flE IETAIM(l) BY lttE DEValJl'~\~,FUlURE ·~~~CE lO ~/~ER OF "rH[ Ar.JOINiNG
l'ROPERTT TO THE E.o.ST. ACC£5S/ROI.OWA)!" f.0.CUT1S!,jAY 6E llE\€1.CF..;o 'MTI,IN SAID LOT 10 PRO"~DE ~:cc~:,
Tll SAID ADJOINING PROPDiTY, SUB.Eel ]1:J·~.E "°"~. ~ THE CITY 0~,RDHllN. ·.• .-.. ·:. ·· ...
KNOii .O.U. PEOPLE EIY TH<SE PRESENli' Tl!AT WE'•-ft.tf; HERE!H.~?'fl SIGNED.~ERS IN IT[ SIi-JP'.£ Cc IHc '.AND
HEREBY SllBDI\IOED, MEl!tB'I' CERTlfl'·THAT WE H.O.VE EST.O.BUSHal ·l)'IE BR00l(EF1n.D 1-lOM[OWNrns ASSOCIATIO~ IN
.o.ccal()l<NCE ~TH WASHINllTOH STAfE '..U,, '1'411C!i IOENTIPlts E.o.C11 L~f. Df·'IHIS PLAT .O.S A ~H<SER OF SPJ.J
HOME()\1,1,jERS ASSOCI.O.TIOM. SMJ .o.=AjipN IS SUs.f:CT"'.F!) THE OECt:,\ilATlON OF COl'ENANl~ ANO
RESTRICTIONS FOR THE Pl.AT a-:!ROOKEr"lEI..D.;AS D1sct0SED a~ 11\iSTlllJ~E],n IJNOER KING CCUNTY RE~'l.lRDi~C NO.
,..,o ..... eu•seatrJl " ··
IN 11\"rnESS WHEJIEIJF" WE H"-'IE sir·wR H.lNOS ~J·"SE>\;S
J' "<:.
SBl~~G".LLC :. . ~.:
DECURA.TIQN ~,. cov.ENART
CITY OF' RENTON APPROVALS
CITY OF" RENTON PI..ANNINC / BUIL.!IINJi. / PUBLIC Y,tf!KS Qn';•JHMENf
o:.OJ.INED .tJfO APPflOVED 1H1s :3!2 DAY OF A U6 V5 t-· 2004,
··.,. ~ ;1'71 3 (....:Jq,wq,L~
A.01,11~1... OR ' ··,·.... •'.,
CITY Of -~~+off MAYOR
-EXIIMlNEII ,',No J.l'PRO'IID TIIIS ~OAY OF Q" a(1;:.t;: •:::. 2.004-.
Mtl4#1!~~(;/;?,~ ·,. e
::~~ :,~ -MS £,,, ~-. 4,:-1 > ,>>~ ff 'J
/!-lk,lo,I, &....,.~h-..., ''
I rERE!!Y CERTIFY THH Tl4£RE AAE HO O~E.HT SPECl~L ASSEaSMEt+lS ANO THAT ALL SPe:CIAI.. ~~;;s:Ofl ~r&~ %" C~PueJ~s.:~~TI~lf':! ~ROP£11TY HERON CONTl<IN~
TH~ --21.L_ iri,..; CJ!' • dr:!,r,r-NT . 2~~
tM,, ,Jef,,{),.
l'INANCE OlRSCTOR \!. .,
KING cobNTY FINDl<;E DlVISION CER'l1FlCATE
;i,;u.-e
SUPCRINTtNOENT OF RECD'lllS
CERTIFICATE
cORE
~DESIGN
..
l47llNL2PtliP!Sull..101
e..11t,-, wm1,1np..., 9IJ007
42:5.8/j!j.7B77 Fa:,: 425.B85.7963
ENG!NE!ER/NG PLANNING. SURVEYING
JOB NO. 02055A
BROOKEFIELD
A PORTION OF THE NW 1/4 OF THE,.NE 1/4, SEC. 10, TIW. 23 N., RGE. 5 E., W.M.,
CITY OF RE\JTQf~, \<:!.NG COUNTY, WASHINGTON
BJ.SIS OF BEARINGS
N00"0'2'42"E BCY1Wl Iii~ r.tOl<l.lMENTS FOUND /o.T TllE OlST QUARTER ANO TH~
NO'ilffl~A.5T SECTION CORNER fJF 5ECTIOM 10, T0'1NSHIP Z3 NORlH, R.o.N~ ~
EAST., W.M .• PEIi REF. I
SURVEYOR'S NOTES
1. All 1111.£ l!IF"ORMATION ~0111'1 ON THIS WP HA':! BaN EXT!V,CTUI F!roN
nRST AMERICAN l!TU INS\JO.ANCE COMPANY 9.IBOl~SIOl'I GUARANTE THIRD
~s°':.1;_p~:e:~E;~~IN~.1~~6s 0c~¥~iro 1~~i,rii~ -~~":JC!j .-: ··· ·
NDR IS CORE ll{SICll'l, tNC. .O.ll>.R£ Cf /\NY 1HLE ISS/JES h,£C11NG lliE: ,::·'
SIJ~\/HED PROPERTY OrHER 11<.o.H THOSE S>-IQ','IN ON THE I.IA!' AND OISCI.OSEO:·
BY R!'FERDICED FlRSf N.IERIC.l,N mu: INSUR"'1iCE COOPANY COl,U,IITIJOIT. .;
CORE OE51GN, l~C. HAS ~EUEO 'MiO:....Y 00 Fll'IST l'JJEmCAN mu: 001,!PANY~'
~~~~T~~~~~~~~:rr~:~~!~~ 1!~/:~c~R:~ :i~y Mf
COoPU:~ESS TO lliAT D;WT.
2, PROPERTY ARE.A• 312,0lU SQlJAAE ,EET (J.1629± ACRES).
J. "-U 1,!0NUMENTS SHOl'lt,I AS r=o VIERE FlEL!I 'IISITEcl IN s!JLY. 2001,
UNLESS Sll()'M'l OlliO!WSE.
4. Al-L Dt5T.'.11C£S >RE IN Fllt.
5. f)ilS IS io. !'1El.D lffio.\lERSE SUII\IEY. A S()l(l(l.t. fl\lE SECOND C~
EU:CTRONIC TCTiOI. STio.TION w,.s USEO 10 ue:io.SURE rnE AHG~U·'AHO
OIS"IANct: R(Lo."TIONSHIPS BE'l'/l£OI nlE CONTROlLINC IIONUI.IEl{Ci!.TlON io.s
~~~EO ~~A':f J~~f~o;~e!E ;S;~J :F:Jsu~~r~~Je~~S BEEN
~~c(l TO AH N.C.5. BASEi.i~ MTIIIN ON!: Yi:A.11 O!' 1>1r.>io.TE OF)l:\1'1_..'.•
~-rnE Sl:CllON SU!l!ll'IISIOO St<O\>l1 ~Em:ON IS BASED ON 11iAT REcORo Of
;~~:~4 D(~-::~ ~:~tO HITClilNCS. R(eoR0£D UNO£R HC<:RrlN~:_'10.
REFERENCES
RESTRICTIONS
·.. . ..
2. Tl-'JS = 15 SU5.£CT TO THE F-f'M.S IINCl Pi6~10N5 Cl' A.'1° "i:Ai~M<N'T
TO PUGET SOUND POWER ANO L:CHT COl.li'/\NT FOR"~E EliClRIC ·.,.
TRANSMISSION AND OISTRCB~TION UNE· ~S"lltSCLOSED S'f•UISlRUIIEl<T •; '..
~Si~ 11!~ ~~~~~~~s 1~~:.f M0:tf~~~Pr~ON .)
Q'J!CT LOCATION 'llll.'11N ;HE SHE.·· " " •
). NS SITE: IS SJ8JECT n, "'liE R;~~;.~ <;;F KING c~ii"IY TO 11,;i'. • .... : ..
• ~ECESSAIIY st.OPES FOil CUTS OR Fll...5 'As. CRANTm IN !r.m RECORcito
'JNDE. ~~CORDING NUt.lBER :;261SIH. .. . . .
RENTON
VICINITY MAP
I • .JIJOOJ:
"
M
___;, __
100·
cORE
~DESIGN
1471 J N,E. 2'?ff, Pl. Sulfa 101
a,,u...,.,., w..-8 ,.,., 98007
425.865.7877 Fax 42.5.885.7963
ENGINEERING PLANNING• SURVEYING
JOB NO. 02055A
BROOKEFIELD
\ SHE~ 3 OF, .. 4
\1.UA.-04:0ti.(I-FP
'·~-10-040'.(.
A PORllON OF TH£ NW 1/4 CF Tf-T ··N,t 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M ..
ClfY OF RENT_9N. f<1N.G COUNTY, WASHINGTON
I
IL-
' :ioo, ,, NBA1fl3"w 40107 --
467 00 --
JC[ = i:,;":~r
[<Si'~!~l SU
• •101; "· ~1.>
6002 5~.02
29
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I H0.5 I
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•C,J..011 PL~511C CAF ST,WPCC
"':,'1:0-~!~CNSIOMS 1..S ·~cz5·
0•"£ UF' COF!~ER
\ C UH~\-,,;,:~. $ 1/2. SI: •/,l.
'i,W •!•. ME ,t!I. sec. 1C-2J-~ ',NF".~;1u
LEG!i:ND
l9 SET 5TA"WA'<D c·T¥ O" RCNTaN
CONCR£Ti' ,.o,w,~H I~ :ASC AS
SH0"'tl.
SCT ,12·· x :c.;' a.c5".~ #/Y;.LL<J~'
PLASllC CAP Sla~PC) ··ccRr 37~~~·
_$CALE: 1" = 40'
0
•
20 41.l 60
FOUND cc,RNE;; >IONU.,1:t, T ss ~OJED.
SET JACK ,N L(:A~ W/SI-INER "3,55~·
il'l PROPCR"Y LI"E EX-:CNJED <.7~ FEET
IH UEV OF rncNT LOT COfiNCRS U~L.ESS
l<OTEO CTHCIWSE
MINIMUM flNISl-'ED fLOOR c,c~l'C~
RElllJlR!:D BY ~~~Ho·,u ENG:NCEiMO ~,
41 s 40
45D2± 5F ;;" 4!ru2Jc SF"
@) ~~ @j)
, 412.s I @TI
50.D2
a •
' '
a
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19
36
37
38
39 ,,. Plf,v,r. _,,
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c---~Nc..E-,,._10TH P~L ___ _
S0.05
63\.69 -
DATUM
BENCHMARK
~io· PlllV~TE
~JJ/1/,,,';{
BstlOlTstC
HO!!<,S.T.4
9
(H'I' OF RENTON PONT NO. 1;aJ, CIJISEUO SDUME IN S.E.
CORMER CONCRETE MAILBOX BASE, 'II. SlbE 1~2HO A~
SE.. OPPOSITE HOUSE: t/0. 12014 EL 472.86 FEET OR
(1 ~-69 METERS )
cm· Of RE~IUI "DINT ~o 2,w. BRASS SURF".o.ci: [NSIC AT
TlfE INTER5EC11~ or S.E. t281J.I ST. ~o 14mo AV£.. S.[.
El, +26.~ FUT OR (12;,;H MCTO!S)
cORE
~DESIGN
J.471 I N.E. 3911, Pl. S.tt,, 101
s.i1e ....... w~ 98007
42$.IJ(!.$.7877 Fc,r 425.695.7963
ENGINffRJNG PlANNING SURVEYING
.JOB NO. 02055A
BROOKEFIELD
A PORTION OF THE NW 1/4 OF 1:j,t ... N.E 1/4, SEC. 10, Tu?. 23 N., RGE. 5 E., W.M.,
CITY OF REN,;t'::1 \1, 1-ffNG COUNTY, WASHINGTON
EASEMENT NOTES
THE EASDIENTS OEPICTEO 00 THE: MAP SHEtTS Cf' TNIS flNA!. FUT AAE fill lliE UMITEO F'UR!'CSEC US:.') 6ELo,,·
ANO ARE HEAEBY C0N"1::Y£0 FOU.O'MNG THE RECOR!l!NG Df T>iJS FlNAL PLAT AS Sl'ECIFIEO ACCOROINC '~ ThE
~E'SERVATIONS LISTl:D eELOW.
TH( CITY OF A~NTOO SH>il HAVE TH~ Rl(;flT T;) EN'ER ll"iE PAlVATE DRAl,iAGC E~SE.tE~TS Sl,01\N ~tfiEOH TO
REl'.>JA I.NY OU,Cl!NCIES Oi' THE OAA.l~Act: FA~UTY I~ '!e!E EVEITT ll<E O'/lt!ER(S) .S/ARE Nff~..IGENT !)">I iCt
MAl/olTENI.NCE .Y' l}£ DRAINAGE: FAaUTlE5. ll<ESE REPAIRS SH.o.tl BE AT THE OIINE~'S COST. •
r. AN E.O.SO<OIT IS HERE;El' RESER\lttl, GR>.NT!il ANO CON= TO !HE CITY Of RENTOH, ~!NO cou~.,. w,n;:_~
DISTRICT NO. 9<J AN() THEIR RESPECll\lE 5UCCES'50f1S ANO AS51GNS, UNDER AND UPON Ttt[ oX1cR10ii ·.e F'E7 ::,; '
ALL LOTS ANO 'IR>,CTh, P•JMLLEL 'MTH .r.ND I.DJOININC. EJC1Sl1NG Oft PROPOSED PUBllC RICIH-Of-WAY -~ WHICI< TC
IMSTALL L..o.l'. Oi;>NS1Rl1CT, RENEW, ~TE AIE MAINTAIN UNDERGIIOOND OISIBl&JllON $YS1El,IS ·,,n~ NCrE'<SAP.¥
FAC1UilE:S. SIO[WMJ<S Nl10 OTHER EQUIPMENT fOfl THE PURPOSE Of SER'~NG 1!115 SIJEIEIIV'ISIQN ANO 0TI-ER.
PROl'EIHY, 1•HH UTILITY SERIIIC.S ANO SIDEWALKS. roGE:THER \ilTH THE RIQ!T to ENT9l UPON TH~ toes AT. ,AU.
TIIJE:S FOR 11-IE PURPOSES HEREIN TOCETHER STATEO. NO LINES DR \\IRES~ Tl,( >R.oN!IJISSIOtl CF 'LE:C"~IC
~~rtup~ r~y iu~~l~~Trit c;~ ~~~3~\;iitJ~ ~~11~11:if'trr~~ r~~<;_?iffX~c1N".;~'.C)l[
2. TH£ 10 roor PRI\IATE OR-'lNAGE EASEMENT SHO\frt,I :lN LOTS 2 ANO J IS TO TME BENEfl°1"\lf" LOTS\ /,;i·2·.
THE O'IIN'E'RS OF' SAIO BL'IEfTTEO LOTS S1-1All SE RESPONSl9~E F'Cf': THE t.lAINTENANCE Of:·,'llfE PAIVA"!E ;R'J~AG(
FACILITIES ~THIN SAID E,\SEl,IENT. "
3. fflE 10 FOOT PRIVATE ORAIHMlE EASEt.lENT SHOVll'I CN LOTS SANO 6 15 TO TliE edi'o-n Of' L"<lf(~ .... ,o 5.
THE 01\NEIIS Of" SAID BENE:FltED LOTS SHAil BE IIESPQl,;SlBLE: FOR T:1E t.lAINTENAN:::E pF THE PF/l~ATE :;~~I.SAGE
l' ... CIUllES l\llMIH SAIO EASEt.lENT.
4. THE 10 FOOT ?RIY ... TE DRAJN ... .E EASEl,IENT Sl"ICVll'I 0/1( L01$ 8,, 9 ..._NJ 10 JS TO T>Jr·BENU1T
000f'. IJTS 7, if,•~D
9. lME O'IINE:F!S Cf' SAIO SENEJ'i!ED LOTS S>!All BE RESPOHSIBLE :CJ! TME r.AINTENI.N<\E CF 'ruE: ~.".l>A-E ,
ORAINAGE /'ACWTES I\ITHIH SAID E ... S::~-.,
5. lHE 10 FOOT PRIVATE DRAINAGE EASEMENT S!,0\1,N W LOTS IJ AND 14 IS TO lHE BE~i~r or LCTS ;:;\;'"'A'JO
lJ. lliE OWNERS OF s.<.ID BENEITTED 1..ois Sls~U. BE RESPO~SIE!lE /'ilR r..a:: ~AINrcNANCE lff .. ,TI1E rn'.'A1£
DlliO,IN .. GE fACII.ITIES 't'l1HIN SAID E,ISDIE,iT ,,,
6. THE 10 FOOT PRIVATE ORAINAG!a: EASEMENT SHOVl!>I a,/ LOTS 16. 17 1.ND.:)ii" IS TO TH~ 'ii~:J.T;i·~. ~~!5 \5, 1(-, ·. :~JIG~ r~~s:ri:l~nBW1~/0TS 5>1A!.L !le .~E5PONSl8LE ~OR TH:: ~ .. t,f[(Hl,NC£·~ TS~ 'f'11J',·".\lt · ·
7, lME 10 ;aor PRIVATE ORAINAGE ~ASE1o!9;T S!,C'IIN ON LOT« ,g AND·:'fR,o.cr ~ <g',':!'o·.THE SEN!TIT'a, .or;,;;
ANO iQ. Till; Ol'INEJIS Of SA.'CI BENEFITEO LOTS 5HA!.L 8E j;,ESPONSl8'i FOR 7Hl:.),1AINitNANCE OF' '1'1; PRll'~E
DRAINAGE FAOUllES I\ITHIN SAIO EASE~ENT. ' ~ '
B. lliE 10 FOOT PRIVATE Of!AINAGE EASEMO<T SlsOll!>I ON LOTS Zt, 22 \o.NO a 1J·,TO 1HE S.;;&/'H OF L0to 22. :::J
r;;:N2At: ~~~~:iH ~~O ~fil~~/OTS SHALL BE RESPONS!Blf..~'~ ~-~.',MAINTDIAN:t• "r~ r ·J>:f
9. lliE 10 FOOT Pf<IVATE DRAINAGE EASEl,IENT SHOffl ON LOTS 2!! I.ND 251~,lO 1t!E a0<lf!r•OF L-JTS -):6 A~J 27
TH~ OM<IE!!S Of SA10 9E:NEf11[0 LOTS SHA!.!. SE Re;F!lff~ FOR lHE MAll>M:ENAACE Of .lHE l'IIIVATE ~RtJtl.O.GE
FA::il.111ES IIITHitl SAID E..SO.ENT, ·· • ' ·
~,~~0f.tB;fs~!Ji~ti~~is ~~l ':t ~i~~~ )&/~l° iWi~~JPl o/.: ~is Pif,},~
II. 1HE ~ FOOT FRIY .. TE ORAIN .. C!:'E.o.SE~DIT SliOl'IN ON l~TS lJ ANO MIS TO ';.;,...,BE:!>IEl'\T or L01S Jl •. ~c .l.l
Tll( OM-IE~S OF SAID SE:NEFTTED LOTS SHAI.L BE RESPONSl(l\E FOR lH€·J4AINTicN.ONCE lll,.THE ?RFVATE :i~/..1~/..GE
FAc:IUTIES WITHIN SAID cASE~ENT, .:'·:;. '-.. .:·······:-..• ,.. ·:: •.•..
12. THE 10 FOOT P!'IVAIE DIWNAGE e: .. somH Sllov.N•l:t>I Le~ J4ls TO THC ii&J111T CF Lor.35. o'i~ ~w,,ss C•F ~ ~~~~. LOT SHA!.L 9E RESPONSIBLE FOR Tll~•'.WAINTENANc(' o; 'THE PRiV.0.'11; :!?RAIN~ FA::IW"1CS 1',;H~
TJ. 1HE lD FOOT PFWAIE [)IUJNAGI: E.\Si:MENT SH~··i:ii,i LOTS J5.~f,-.~7 IS TO 111E·~~flf Qf LQlS J7. AND
36. TiiE 01'11>1ERS Qf SAID eo,mrrD tOTS SHJ.l.l. B[ R~SIBLE FOR ti'IE,}.IAINIENANCE Qf iHE pq,.,,-E
DR~,N~~ r .. aLJTtES WTHIN SAID EASEME:/H. • ' •'
1,. ffl[ 10 FOOT PRIVA"l': OR~NAOC EASl::!IENT i~~i.i_.QN LO~·jg.,AHO •a IS ro'~~ BEHEl'lT QF' LC·~'.c <O •~J 4t
THE OWHE.f!S or 5 .. 10 E1€NWTED LOTS SH.'J.l. !IE RESPotl.SIBLE FOR 1llii MAIHTEHAHC£ <If TciE PIUVA10 ,~~r,1,Ge:
FACILITIES WITIIIN SAID E~S1'~EHT. · • ' .. ..
1~. THE 10 FOOT PRIVATE ORAINAI.E LJ.SEM[~zrol'IN ON LOii:U .'JIO .;:/&:,TO -i,;£ B:::N;:FlT ·"JF Lns '} •~)
~AiN~,i: i'.:~t~~Sr ~~?N ~r~~~~~ Sl"I ' ·ll.~ l!ESf'OHSl8Le'.~°;' Tl1E M.I.IN."!£l"ANCE Of n./£ PF.i'.'>TF
15. TllE 10 l'OOT Pf!IVATE 0/1"'1NAGE EAScl,IOIT SHO\\Tol ~\~TS ,s ANO .. ~tielS TO lME BEN!;FlT QF' lOTS 40 AH)
47. THE: OlflNE:RS QF' SAIC st.~EATED L01'$•.~4U. SE RESPOl'Se!LE F'OR Tl1~ F,IAINTENANCE a; T'nE ~RIY~n:
DRA.11..._GE fM:IUflES ~THIN SAID EASEl,!E:HT. ,·... '', .:·
17. THE PLIBUC ORAINAGE E>.SEMENT iciaM-1 ON ·.:o,. ;59 IS H~ RE;,O'VW}OR AND GAANT".ll TO 'H en C'
RENTON FOR STORM t\f!OJIVCE FACIU~S. NE CITY clF',l!DIT!ltl , .. H[Rf;!l'I\ ,"f,=«5111l..!c FCR 11-1.E M~l,'!-:C:~t>::s oc·
THE PU6UC DRAINA~E f..CLlll[S l'lflHli-f·~/D EAsntEJsl'.•:. •' ··:•
18. ffl( 20 F'OOT PRIVATE l.cC(SS .I.NC U1lu'T'f.£~5EMENT ~"" Ol'I L015 ,2 .V,D 1J r; TQ THE BS~EF'T or lOTS !1ccf& 1tii0 ni"fiJ":a1../{rs~i!'.™~~~~'l:Ifob,5tAJ.L BE !!ES!'OHSl!I~ FOR TllE MAINTENANCE o;--HE ,~,v,.n:
1Q. lME PRIW.TE ACCESS I.NO .Aiun iiwiENf stto~(OH LOTS 31, ~:i J3 .O.NO 3{ IS TO 1HE 8ENl'IT "' LOT~
31 .r.NO JJ. lliE OIIINERS Of fAID BD!EFI'IED, LOT:s SlsAf.l; 9E l!ES~l81.£ FOR 111E o.lAINl[NANCE a, 1'.jE PRIVAE
ACCESS ANO UTILITY F..._CIUTIES-.,1\Hfilll $!0,IO r..:s~ENT. ,'. ::.::,'
20. WE SANLTARY S<Wt:R cASC~i:Irrs SHOWN ON·~&·.w.~n TR'i.i:,r A ANO ;or :5 AND 1a AAE HE.,ce~ f<asoa·.,,;,
FOR ..._ND sf\111/TEO TO Tl!E CITT :Ji' RNTON f'O!l S..O.NITARY SEW.R;FIIC'I..ITIES. T~~ err Or ~E~ION IS Ht.'lC~v
ACS1'0NSl6U: ;Col TH{ M~TENI.NC!; or ?;'.,,io PUBl,C SANITARY 5£.1',E.~ fM.ILITIE:S \l'IT,-IIN SA!D E .. S::l><E'-rs
21. THE 10 FOOT WAltR &>i~&i/~Ollt,)~ 'oT ,g AND 20 r;. ~~y AESERve:o FOil AN.J GRAN7i:O T,J <ll<G
COUNTY W.o.TER D1S1RICT,1{0. go FOR W4ltflcf~Clll~£S, Sr.JO 01~11:T IS HERESY AESFO~SIBUC FOR Tf-E
ljAINTENANCE OF s.o.aJ )'!lJBLJC WAOcR l'"CIUTi6:~. \'<1"\'ll!i S.,.10 E~Et.lENTS.
21. ;HE 10 rOOT w ... ~ (l&MQH Sl,Q\11'1 ~ i.~TS 1;:;{·1~ ANO 1+ IS HERESY R(S.Ri.ul F(R ANJ G~/·OTO
KINS CCXJNTY WATEA.b151l!ICT 110-.. ~o.FOR WATER ~.o.c1u11e:s. SAID OISTRICT IS HERfliY ~ESPONSISLE F~P ~,!c
MAr>.TENANCE °' $Air: FU31:c:w~':E:R'¢,.crt,11~ "'1Tl-jlN SA!O EASE'lrnT'.i.
13. A Pl!IVATE E..siitDIT IS JR~¥ Rl,~E,WW CO. )Jio GRAt<Jlll TO PUGET SGUN;l =y COI.P.O.\"( ~~,,,· •. : ..
~~~~ .. ~:,o~~:~~',;~1g)~rJ~P:J:~~f~~ ~~EROJJ~1~~ll1~'ll~~~~~rsc,\-iy~;~
AN~ TRACT'S I.ND 5.00-FO'ET ~Mi1,un ~'hi >.DJO'!IINl1 AI.LEYWAYS OJlD Pl'JVATE OIIIVES rut.Tl!~ ,,s.:«EN-S <Vi
~s~~t~.-~~t~ttof,.;t~J~EJJ.~r ~E~~ios!u'~~?AJ·~~ci~~~:\:~L.',C-·Ac:Nr
EASEMEHT ~~f QCWPl' U,:, TO .o>i AOCITIONAJ. 5 IT~T IN 111\CTH (FOR A TOTA!. MOTH QF' 10 ITET) WIH T}'E LEN~'l<
Cf EACH VAIJLT r .. sc'i.!;~T D!~Olt!C 5 FEST FII01(£J.CH EN::> Of ,i( AS-9\JILT '.'~ULT(S). THE NlJ~ECC ;~:
~~ .. J~~;;UAL;E ~:e:~~ A~.:~~~~Dl~~~~w !]O~N~~AI1t ~~~1/J~~~~. 1~~~:fk,~i: 'i,\~ .IE~
W.INT .. IN 1J DU1t;'....~'WR£S, YAULTS AND PCO(ST~LS W!Tll NECE5S•.fir ft.C,W'l(S •s~
OTHER EOUI? ANO C"lliER PROPERTY ~TH ELECHIC,
TELEPH UC/11'5 ANO UTIUfl' SEf1\IIC£ TO~ET~CR l~TI'
T>iE Rl(iti "1.L 1Ht P\JRPOSEO ~E.REII'< SlA!ED ~cc,,
E.o.5EM6H AU. !IE RESTORED AS NE.AR A$ POSS81.E TO "/,<Ela QlllC. NA!.
20
z
~ 35 ~
7.
£
0
:-; 33
PCNDINC ;.;Jil:.c;
8/IOO'<€FI[t0·:r ..
N8Bl4'1J':~ r ~. ~NE SE 1/1, N'.• 1/4
NE 1/4, SEC. 10-23-~
I 631.46 ,'.;•.'.'
50.02
\ 631 d9
l':;1.JO
\
\_ 0. tli<E N I/;. 5 1/2. S<;: 1/4,
~ !/4, ~E 1/4. SEC. 10-ll-~
fllUr<D 1/z· REe~R WlM YEUOW
f'\.~$11~ Co\!' STAIAPtn
·ae:o-Dl~ENSIONS LS :so;s·.
o1'E. X a.n1. °' CORNE~
' '
' '
1 0
I~
I --,
_j
8
i
1u·-.•IUI
[;<;D191tl{[
N-);;:/l ';1<1.l
CONCr;tla<i. MO LINES Df ELECTRIC CURRENT :JR FOR TE\.Ef'~. C..SLE :c.c·~slaN. ~t'f..~~=ri~1,0.:St'k~i~ UtlOCR:~r ';!t~R~~~M~~DctiJ1l\.:'llL~ ~'!'~t~f.~IN rn SCALE: r· = 40'
E~ll<~TS ~1ifoor P(RMISSI~ ~ .• E~E~'T OlffiERS. LEGEND ==-------
DATUM
··.·,;,\~~:,R~Tr ~:;R NfJ:~T(~~X BASE,
W. SIDE ~2>!0 ~VE. 5,(., OPPOSITE HOUSE NO.
\WH t0::472.66 FEET OR (1u.e9 METfRS.)
CITY Of k;~ fOIW MO. 21!9, 9~A5S S,.,R;..cr
CNSK ~T THElmoRSECT,Cfl OF SE. 'UTH ST AND
1,2NO ~',(. S:E. EL. 42&.&2 Fl:ET OR (12~-;7' ~~-~·) .
ei ~CT Sl.O.,OARG ,::,-, or R[NTOO
CONCRf'.T;: WCNLMCNT IN :ASE "5 s,o....i
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SET T~~K "' l.£A0 _./,;~·~:~ •~7~55•
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1471! N,f.29rl!PlS..;te !01
hlle._, Wo</l!ngral> 98007
425.985.7877 Fo.-425.885.7P63
ENGINEEll:ING PLANNING SURYfY/NG
.JOB NO-02055A
Filed for Record at
the request of
KING COUNTY WATER DISTRICT NO. 90
15606 SE. 128TH STREET
RENTON, WASHINGTON 98059
20040830000705.001
· · 11111111111111111r
20040830000705
Easement No.: 10-23-5 28
LEININGER EIIS Z3 00
PAGE001 OF 005
0a/30/Z004 09 07 KING COUNTY, UA
ProJect: _ __,B ... ro~a.,..ke .... fi.,,e.,.,ici.._ __________ _
Tax Parcel ID#· 102305-9101 9241, 9330 9404
Grantor(s): SRI Pevelopmg I LC
PQ6ox73790
Puyallup Washington 96373
/rN Lor ,q1 7,..()
Grantee(s): KING COUNTY WATER DISTRICT NO. 90
AGREEMENT FOR EASEMENT
THIS INDENTURE, made this "2.3'1,Z) day of 8t/4U.Sf"' , 2004, by and
between KING COUNTY WATER DISTRICT NO. 90, a municipal corporation of Kmg
County, Washington, hereinafter termed the "Grantee", and SBI DEVELOPING, LLC., A
Washington Limited L1ab1lrty Company, hereinafter termed the "Granters";
WITNESSETH
That the said Granters for ONE DOLLAR ($1.00) and other valuable consideration, the
receipt of which 1s hereby acknowledged by the Grantees, does by these presents
convey, grant and warrant unto the Grantee a permanent easement for water mams and
appurtenances under, through, above, and across the following descnbed property
situated in King County, Washington, together with all after acquired trtle of the Granters
therein, and more particularly described as follows·
F \0021\00204\Easemenl\Plat Estm12e em:I 081904 doc Page 1 of5 EXCISE TAX NOT REQUIRED ~g~r:.~
20040830000705.002
Easement No. 10-23-5-28
PARCEi DESCRIPTION·
The plat of Brookefield as recorded 1n Volume_ of Plats,
pages through , records of Kmg County, Washington
EASEMENT DESCRIPTION·
That portion of the above-described parcel of land further described as follows:
The East 5 00 feet of Lot 20 of sa 1d Plat;
TOGETHER WITH the West 5.00 feet of Lot 19 of said Plat,
TOGETHER WITH the South 5 00 feet and the East 10 00 feet of the South 25.00
feet of Lot 14 of said Plat;
TOGETHER WITH the North 5 00 feet and the East 10.00 feet of Lot 13 of said
Plat;
TOGETHER WITH the East 10 00 feet of Lots 11 and 12 of said Plat,
TOGETHER WITH the exterior 10 00 feet of all lots and tracts, parallel wrth and
adJoinmg existing or proposed public right-of-way, all within said plat of
Brookef1eld
The Grantor warrants that their title 1s free and clear of all encumbrances except
(These blanks should be e,ther filled ,n and ,nlbaled by the Grantor or x'd out completely)
If the property of the Granters at the time of grantmg this easement 1s unplatted but is
platted pnor to the recording of this document, then the Granters do hereby authorize the
Grantee to add to this agreement the des1gnat1on (volume and page, etc ) of such plat.
The Granter acknowledges that part of the consideration being paid by the Grantee 1s for
any and all damage resulting to or resulting hereafter from the possible interference of the
natural flow of surface waters by Grantee's digging of pipe Imes which may disturb the soil
composition within said easement.
The Grantee shall have the nght without prior institution of any suit of proceeding at law,
at such time as may be necessary, to enter upon the easement for the purpose of
oonstruct,ng, repa1nng, altenng or reconstructing said water mains, or making any
connections herewrth, without incurnng any legal obligation or liabtlrty therefor, provided:
(1) The Grantee, Water District No 90, will restore Granters property to a cond1t1on as
F \0021\00204'\Easemenl\Pl.al Estrw:il 28 em:I 081904 doc Page 2 of 5
'
20040830000705.003
Easement No : 10-23-5-28
good as or better than the premises were pnor to entry by the Grantee, Water
District No 90,
(2) The District will exercise its best efforts not to damage any private improvements
on the easement herein, but 1f 11 does so, rt shall repair and/or replace said
improvements;
(3) Restoration, replacement, and repair shall be completed within 90 days of the date
of any entry by the District and said restoral1on, replacement, or repair will be of a
quality and/or quantity that 1s comparable or better than existed prior to the
Grantee's, Distnct's, entry upon the easement.
(4) The above set forth cond1!1ons shall apply not only to the initial construction but
also to any re-entry by the Water District that becomes necessary for repair and
maintenance of the water line on said easement
(5) Any damage and/or removal of any ornamental tree, shrub, fence, or rockery shall
be replaced Within the aforementioned 90 day period by the District.
The Grantor shall retain the right to use the surface easement if such use does not
interfere with the installation, repairing, altenng or reconstructing of the water main
PROVIDED, the Grantor shall not erect buildings or structures of a permanent nature on
the easement dunng the existence of said easement
The easement, dunng its existence, shall be a covenant running with the land and
shall be binding on the'successors, heirs, and assigns of both of the parties hereto.
F \0021\00204\Easemenf\Plal Esrmt 28 ernd 081904 doc Page3 of 5
..
20040830000705.004
Easement No. 10-23-5-28
IN WITNESS WHEREOF, I/we have set my/our hand(s) and seal(s) this z311;1:> day of
&\I 1(\ us.,-' 2004.
Member
STATE OF WASHINGTON)
COUNTY OF KING ) ss.
On this 'Z3•day of AU.4..U':.'I , 2004, before me personally appeared
(aA\1-a{ "pe!t«& (and) , to me known to
be the Manager and/or Member(s), respectively, of SBI DEVELOPING, LLC, A
Washington Limited Liab1hty Company, the Company that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed
of said Company, for the uses and purposes therein mentioned, and on oath stated that
they were authonzed to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year above wntten.
Page4 of5
20040830000705.005
..
EASEMENT NO 10-23-5-28
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BROOKEFIELD
EASEMENT NO 10-23-5-28
FILE F \21\204\CORE\E5:t.4T\DWG
PAGE 5 Of 5
20040901002378.001
Return Address:
City Clerk's Office
City of Renton
1055 S. Grady Way
Renton WA 98055
Pim• pnntor typ• ,nrormabon WASHING TON ST ATE RECORDER'S Cover Sheet (Rew 65 04J
Document Title(s) (or transactions contamed therein) (all areas apphcablc to your document must be filled m)
1 U!i,'-U\;,,..,..Ti.o..l o[ Covct-.lMJ>T.S 1 1c.c,na:,:..::..~ot.Js £:Ase:.,-,utrS ~
~.;~\lP.J::EiQ~ s Ldi£:b 1?.y-L.t:HJI S '
Reference Number(s) of Documents assigned or released:
Add1t1onal reference #'son page __ of document
Grantor(s) (Last name, first ruune, m1hals)
1 531:: ue:VEU)e:o-.tc:;, ;, 1.-~ ' £!, wFIS~G,-.c,.J 1-:a-'1==
2 ' ~te',f Ll'f'I~'/
Adchbonal names on page __ of document '1 "7
Grantee(s) (Last name fast, then first name and mrllals)
l "t, .WO\t.E f':CE::U>
' '
2 '
Addraona! names on page __ of document
Legal description (abbreviated 1 e !04 block, plat or section, township, range)
~ I ~~I&~ ~ ' :Il5ac,"-:C A, 15iu:>::>1CT:~:i::&:t..o :6:o.1C--. !:! c~~ w<"I. ") ---,
Add1bonal legal is on page ~ of document
Assessor's Property Tax Parcel/Account Number D Assesso~l"" # not yet ·~1r:.·S
102.:305:-0,0\-65". tA-:>"o""-92.41-0lo ,--·,,-"'??.-,,o, 10"2.'10<--.
The Auditor/Recorder will rely on 1he mformahon proY1ded on the fonn The staff will not read the document to
ver1fv the accuracv or comnleteness of the mdexmg mforrnaUon orov1ded he rem
I am requestmg an emergency nonstandard recording for an additional fee as proV1ded in RCW
36 18 010 I understand that the recordmg processing reqmrements may cover up or otheIWJse
obscure some part of the text of the ongmal document.
______________________ .Signature ofRequesting Party
,
AFTER RECORDING MAIL TO: -------..
City Clerk's Office
City of Renton
1055 S. Grady Way
Renton, WA 98055
Document Title{s): (or transacaons contamed therern)
20040901002378.002
DECLARATION OF COVENANTS, CONDffiONS, RESTRICTIONS, EASEMENTS AND
RESERVATIONS
Reference Number(s) of Documents assigned or released:
__ Addtttonal numbers on pages _ of document
Grantor{s): (Last name first, then name and m1tials)
SBI DEVELOPING, LLC, a W ashmgton L1m1ted L1ab1hty Company
Grantee(s): (Last name first, then name and 1mt1als)
BROOKEFIELD
_ Addtttonal names on page __ of document
Abbreviated Legal Description as follows: (1 e lot/block/plat or sectlon/townslup/range/quarter/
Lots l through 47, Tract A, Brookfield, Kmg County, Washmgton
_X_ Complete legal descnpllon 1s on page ~ of document
Assessor's Property Tax Parcel/Account Number{s):
l 02305-9101-05
102305-9241-06
102305-9330-08
102305-9404-09
WHEN RECORDED RETURN TO
Nelson Legal Services, PS
102 North Mend1an
P 0. Box217
Puyallup, Washmgton 98371
DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS,
EASEMENTS AND RESERVATIONS
FOR THE COMMUNITY
OF
BROOKEFIELD
20040901002378.003
TABLE OF CONTENTS FOR
DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS
EASEMENTS AND RESERVATIONS
OF
BROOKEFIELD
20040901002378.004
SECTION & DESCRIPTION PAGENUMBER
ARTICLE l
Defm1tlons
ARTICLE2
Management Rights of Declarant Dunng Development
of the Property.
ARTICLE3
Deed and DedJ.catlon of Common Areas .
ARTICLE4
Deed and DedJ.catlon of Easements
ARTICLES
Adnurustratlon and Use of Common Areas
& Common Mamtenance Areas
ARTICLE6
Mamtenance of Common Areas &
Common Mamtenance Areas &
Delegation of Management
ARTICLE?
Assessments
ARTICLES
Mamtenance of Lots
BROOKEflELD CC&Rs
Brooteficld Plat CC&R's 061104 doc
4
6
8
8
9
. 11
13
17
Page2
20040901002378.005
SECTION & DESCRIPTION PAGENUMBER
ARTICLE9
Homeowners Associanon 18
ARTICLE 10
Management By Board 19
ARTICLE 11
Land Use Restncuons 22
ARTICLE 12
Bmldmg Restnctlons ... 27
ARTICLE 13
UUht1es ... .. . .. 29
ARTICLE 14
Architectural Control 29
ARTICLE 15
Condemnabon 33
ARTICLE 16
Mortgagees 'ProtectJon 34
ARTICLE 17
General Prov1S1ons 35
EXHIBIT"A"
Legal Descnptlon of Plat 39
BROOKEFIELD CC&Rs Page3
Brookcfield Plat CC&R's 061104 doc
DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS,
EASEMENTS AND RESERVATIONS
FOR
BROOKEFIELD
KING COUNTY RECORDING NO. --------
20040901002378.006
THIS DECLARATION 1s made on the date heremafter set forth by SBI Developmg,
LLC, a Washmgton Limited L1ab1hty Company, ("Declarant"), who 1s the owner of certam
real property situated m the state of Washington, county of Kmg, known as
"BROOKEFIELD" which IS more particularly legally descnbed on the attached Exlub1t "A"
In order to msure preservation of the high quahty residential environment at
BROOKEFIELD, Declarant agrees and covenants that the land descnbed on the attached
Exlubit "A", and such improvements as are now existing or hereafter constructed thereon will
be held, sold and conveyed subject to and burdened by the followmg covenants, conditrons,
restnctJons, reservations, hm1tatlons, hens and easements, all of which are for the purposes of
enhancmg and protectmg the value, desirab1hty and attrac!Iveness of such lands for the benefit
of all of such lands and the owners thereof and their heirs, successors, grantees and assigns
All provts1ons of this Declaratron shall be bmdmg upon all parties havtng or acqmnng any
nght, trtle or mterest m such lands or any por!Ions thereof and shall mure to the benefit of
each owner thereof and to the benefit of the Brookefield Homeowners' Assoc1atron and shall
otherwise m all respects be regarded as covenants runnmg with the land.
ARTICLEl
DEFINITIONS
For purposes of the Declarat10n and the Ar!Icles of Incorporation and the Bylaws of
the Brookefield Homeowners' Associat10n, certam words and phrases shall have par!Icular
meanmgs as follows
Sec!Ion 11 "Associatron" shall mean and refer to the Brookfield Homeowners'
AssOCiatlon, a Washmgton non-profit corporation, its successors and assigns.
BROOKEFIELD CC&Rs Page4
Brookefield Plac CC&R s 06 l l 04 doc
20040901002378.007
Section l 2 "Member" shall mean every person or entity who holds membership m
the Association
Section l 3 "Board" shall mean and refer to the Board of Directors of the
Association, as provided for m Article 10 For purposes of exerc1smg the powers and duties
asS1gned m tins Declaration to the Board dunng the Development Penod, this term shall also
mean the "Temporary Board" or "Declarant" as provided m Article 2 unless the language or
context clearly md!cates otherwise
Section 1 4. "Properties" shall mean and refer to the real property descnbed with
partlculanty m Exh1bJ.t"A"
Section 1.5 "Common Areas" & "Common Mamtenance Areas" shall mean and
refer to all of the real property (mcludmg the improvements thereto) owned, mamtamed or
leased by the Association, or m winch the Association has an easement for the common use
and enJoyment of the members of the Association, mclud!ng but not hrmted to tracts and
easements dechcated to the Associat10n on the face of the Plat and/or m this Declaration
Section 1.6. ''Tract" shall mean and refer to the followmg
(a) Tract A to be owned and mamtamed by the Associallon for storm detenllon
purposes Ownership and mamtenance (mcluchng all pnvate storm dram and detens1on
fac1ht1es) of srud Tract shall be the respons1bihty of the Homeowners' Association. In the
event that the Homeowners' Association 1s dissolved or otherwise fails to meet its property
tax obligations as eVJdenced by non-payment of property taxes for a penod of eighteen (18)
months, then each lot m the plat of Brookef1eld shall assume and have an equal and unchVIded
ownership mterest m the tracts prev10usly owned by the Homeowners' Associa!l.on and have
the attendant fmanc1al and mruntenance responsibh1tes.
Sec!l.on l 7. "Lot" shall mean any one of the 47 lots numbered l through 47 of
Brookef1eld Tracts, Common Areas and Common Mruntenance Areas shall not be regarded
as Lots;
Sec!l.on l 8. "Declarant" shall mean and refer to SBI Developmg, LLC, a
Waslungton hrmted hab1hty company
Secllon 1.9 "Arclntectural Control Comrmttee", "Comrmttee" or"ACC" shall mean
and refer to the committee duly appomted or elected as provided m Arllcle 14 of tins
Declaration, heremafter referred to as the "Comrmttee",
Sect10n 1.10 "Development Penod" shall mean and refer to that penod of time as
defmed m Arncle 2 of this Declaratlon;
BROOKEFIELD CC&Rs
Brookeficld Plat CC&R's 061104 doc
Page5
20040901002378.008
Section 1 11. "Plat" shall mean and refer to the Plat of Brookef1eld as approved and
recorded m Kmg County, Washmgton as descibed m Bxlub1t "A",
Secuon 1 12 "Residence" shall mean and refer to bmldmgs occupy:mg any Lot;
Section 1 13 "Owner" or "Lot Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to any Lot which 1s a part of the
Property (but excludmg those persons or entities, such as real estate contract sellers, havmg
record utle merely as secunty for the performance of an obligation, or the Purchaser under a
real estate contract pnor to the issuance of the fulfillment deed for the contract;
Section 1 14 "Federal Mortgage Agencies" shall mean those federal agencies winch
may have an mterest m the properties, such as the Federal Housmg Admm1stration, the
Veterans Adm!mstrallon, the Federal National Mortgage Associauon, the Federal Home Loan
Mortgage Corporauon, or the successors to their mterests
Section l 15 "First Mortgagee" shall mean a lender who holds the flfst mortgage on
a lot and who has notJ.fied the Associat10n m wnllng of its holdings
Secllon l 16 "Declaration" shall mean the covenants, condillons and restnctions and
all other proVIsmns set forth m this Declaration, as they may from llme to ume be amended.
Section 1 17 "Mortgage" shall mcude a deed of trust or other secunty mstrument
ARTICLE2
MANAGEMENT RIGHTS OF DECLARANT DURING
DEVELOPMENT OF THE PROPERTY
Secuon 2.1 The Property The real property which 1s made subJect to this
Declaration 1s descnbed on Exhibit "A"
Section 2.2 Management by the Declarant Development Penod shall mean that
penod of Ume from the date of recordmg of the Declarallon until (a) the date five (5) years
from the date of recordmg tlus Declarat1on or (b) the thirtieth (30th) day after the Declarant
has transferred title to the purchasers of Lots representing one hundred percent (100%) of the
vollng power of all Lot Owners as then constituted (so that Declarant no longer 1s entitled to
vote either as a Class A or Class B member of the Assoc1allon pursuant to Article 9, Section
3) or (C) the date on which Declarant elects to permanently relmquish all of Declarant's
authonty under tlus Arl!cle 2 by wntten notice to all Owners, whichever date first occurs
NotWithstandmg anythmg m this Declaration to the contrary, until term:mallon of the
Development Penod, either upon the sale of the reqmred number of Lots, the exp1rat10n of
BROOKBFIBLD CC&Rs Page6
Brookefield Plat CC&R's 061104 doc
five (5) years, or at the election of the Declarant, the Property and the Assoc1at10n shall be
managed at the sole discretion of the Declarant,
20040901002378.009
Sect10n 2 3 Notice to Owners. Not less than ten (10) nor more than thirty (30) days
pnor to the tenmnatlon of the Development Penod, the Declarant shall give wntten notJce of
the temnnatJon of the Development Penod to the Owner of each Lot Said nottce shall ·
specify the date when the Development Penod will temnnate and shall further notify the
Owners of the date, place and tJme when a meeting of the Association will be held The
notice shall specify that the purpose of the Associatlon meetmg 1s to elect new Officers and
Directors of the Association Notwithstandmg any prov!Slons of the Artlcles or Bylaws of the
Association to the contrary, for the purpose of this meeting, the presence, either m person or
by proxy, of the Owners of five (5) Lots shall constitllte a quorum The Board of Directors
and the officers of the Association may be elected by a maionty vote m said quorum If a
quorum shall not be present, the Development Penod shall nevertheless temnnate on that date
spec1f1ed m said notice and 11 shall thereafter be the responsib1hty of the Lot Owners to
provide for the operatJon of the Associatlon Proper notice shall be deemed to have been sent
1f said nonce 1s sent m the manner descnbed as proper notiftcatton m the Bylaws of the
Association,
Section 2 4 Appomtment of Temporary Board Declarant may, m Declarant's sole
d!scret10n, and at such times as the Declarant deems appropnate (mclud!ng m the Arucles of
Incorporatton of the Associatlon, 1f the Declarant 1s the Incorporator of the Assoc1at1on),
appomt three (3) to five (5) persons who may be Lot Owners, or are representatives of
corporate entltles or other entltles which are Lot Owners, as a Temporary Board This
Temporary Board shall be for all purposes, the Board of Directors of the Assoc1atlon, and
shall have full authonty, after approval 1s granted by the Declarant, (mcludmg the authonty to
adopt or amend the imtial or subsequent Bylaws of the Association) and all nghts,
responsib1ht1es, pnv1leges and duties to manage the Property under this Declaration and shall
be subiect to all prov1s1ons of this Declaration, the ArtJcles and Bylaws After selecting a
Temporary Board, the Declarant, m the exercise of the Declarant's sole chscretlon, may at any
time temnnate the Temporary Board and reassume the Declarant's management authonty
under Artlcle 2 or select a new Temporary Board under tins section of Arncle 2,
Section 2.5. Declarant Authonty If No Temporary Board So long as no Temporary
Board 1s managing the Property or unttl such time as the first permanent Board ,s elected,
should Declarant choose not to appomt a Temporary Board, Declarant or a managmg agent
selected by Declarant shall have the power and authonty to exercise all the nghts, duties and
funcllons of the Board and generally exercise all powers necessary to carry out the prov1S1ons
of tins Declaration, mcluchng, but not hm1ted to, enacting reasonable admm1stratlve rules (and
a fme and due process system for v10lat10ns thereof), contracting for reqwred serVJces,
obtaimng property and hab1hty msurance, collecting and expending all assessments and
Association funds, and enforcmg this Declaration (mclud!ng foreclosmg any hens proVJded by
this Declaratlon) Any such managmg agent or the Declarant shall have the exclusive nght to
contract for all goods and services, payment for which 1s to be made from any momes
BROOKEFIELD CC&Rs Page?
Brookelield Plat CC&R'.t 061104 doc
20040901002378.010
collected from assessments In the event that Association expenses exceed assessments, any
momes provided by the Declarant for Association expenses that would otherwise be paid for
out of Assoc1allon assessments shall be considered a loan to be repaid to the Declarant
through regular or special assessments from the Association, together with mterest at twelve
percent (12%) per annum,
Sect10n 2 6 Pwpose These reqmrements and covenants are made to msure that
the Property will be adequately adm1mstered m the mitlal stages of development, and to any
future additions, and to msure an orderly transiuon to Associat10n operatlons Acceptance of
an mterest m a Lot evidences acceptance of this management authonty m the Declarant, and,
Section 2 7. Management Authonty of Dec!arant Declarant shall have the
management authonty granted by this Article 2 notwithstandmg anythmg m tlus Declaratlon
to the contrary Declarant, as the Incorporator of the Association, may cause the AssOC1at10n
to be mcorporated, the Temporary Board to be appomted either m the Arllcles of
Incorporation of the Association or by separate wntten mstrument, to termmate the
Temporary Board and reassume the Declarant's management authonty under this Arllcle 2,
reappomt successor Temporary Boards, or take any other action permitted by this Article 2,
all without affectlng the authonty given to the Declarant by this Arl!cle 2 to manage the
Property and to organize the Associat10n at the Declarant's sole chscretlon
ARTICLE3
DEDICATION OF TRACTS
Section 3 1 Dechcat1on of Common Areas Upon recorchng tlus Declaration, the
Declarant hereby grants, transfers, quit clrums and conveys to the Association for the purposes
as set forth on the face of the Plat, Tract "A" the storm detention facihty, reservmg, however,
to the Declarant for the benefit of the Declarant, Its successors and assigns, those certrun nghts
of use, mgress, egress, occupation and control mchcated elsewhere m this Declaratton for the
duration of the Development Penod, at which time this reservat10n shall cease and then be of
no further force and effect
ARTICLE4
DEED AND DEDICATION OF EASEMENTS
Sect10n 4.1 Conveyance of Easements Declarant hereby grants, transfers, qull
claims and conveys to Association, ullhty providers and certam benefited lots for the use and
enJoyment of the Associallon and the Owners all easements as shown on the face of the Plat,
mcluchng dramage easements, and all easements created herem Pnvate drrunage, pnvate
access and pnvate ullhty easements as descnbed m Easement Notes No 2 through 19 are
BROOKEFIELD CC&Rs
Brookeliel<I Plat CC&R'a. 061104 doc
Page 8
20040901002378.011
reserved for the benefit of Lots therem descnbed and said benefited lots shall be responsible
for the mamtenance of said easements and the fac1lit1es mstalled therem Nonexclusive
perpetual easements runnmg with the land are hereby reserved on each Lot over, under and
across the utility easements as shown on the face of the Plat. Easements are hereby reserved
for and granted to the City of Renton and Kmg County Water D1stnct No. 90 and/or their
assigns, and to all applicable public utlhl!es as depicted and descnbed on the Plat Additional
utihty and other easements may also be recorded 1f required by governmental authonties
havmg jUnschct!on W1thm the boundanes of said pubhc utility easement areas no structure,
planting of trees or other matenals shall be placed or penmtted to remain as per the Plat
conchtlons The easement areas and all improvements thereon shall be mamtained by the
Owner of the Lot, except as to ut!hty service improvements located therem, which are the
respons1bihty of the utility entlty ownmg such improvements Subject to the foregomg,
fencmg and landscape plantings are permitted w1thm the easement area as per the Plat
concht!ons Said easements are reserved to and for the benefit of the Associatlon, and may be
assigned and transferred by the Associatlon to other appropnate persons or entltles as deemed
reasonably necessary by the Board m connect10n with the development of the Plat and the
constructlon of dwellmg structures on the Lots.
Section 4 2 Reservat10n of Easement by Declarant. Declarant, SBI Developmg,
LLC, 1s hereby granted and hereby reserves unto itself, its heirs, successors and assigns a
perpetual non-exclusive easement on all pnvate roads and easements as shown on the face of
the Plat retammg the nght to grant ut!lity easements to any utihty providers
Section 4 3 Confmnatlon of Access Across Lot 15 Declarant on behalf of Itself, its
successors and assigns hereby approves access over, under and across Lot 15 to adjommg
property to the East so long as penmtted by the City of Renton Declarant for1tself, its
successors and assigns hereby covenants and agrees to make no objection to the use of Lot 15
for that purpose or for any other permitted by law mcluchng, without lumtatlon, development
as a res1dent1al bu1Jchng site
ARTICLES
ADMINISTRATION AND USE OF COMMON AREAS
AND COMMON MAINTENANCE AREAS
Section 5 l Owner's Easements of Emoyment Every Owner shall have a 1147th
nght and easement of enjoyment m and to the Common Areas which shall be appurtenant to
and shall pass Wlth title (or, 1f appl1cable, with the eqrntable title held by a real estate contract
purchaser), to every Lot subject to the followmg proV1s1ons
(a) The nght of the Declarant or the Assoe1at1on to estabhsh use and operation
standards for all Common Areas to be bmdmg upon all Assocmtlon members along with
enforcement standards,
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(b) The nght of Declarant ( dunng the Development Penod) or the Association
(after the Development Penod) to suspend an Owner's nght to vote and to use any recreational
fac1ht1es for any penod dunng which assessments agamst his or her Lot remam unprud and for
a penod, not to exceed sixty (60) days, for any, and each separate, mfraction of its pubhshed
rules and regulations,
(c) The nght of the Declarant (dunng the Development Penod) or the Association
(after the Development Penod) to dedicate or transfer all or any part of the Tracts or Common
Areas to any pubhc agency, authonty or utlhty for such purposes and subject to such
conchtlons as the Declarant or Association, as apphcable, may deem appropnate. Dunng the
Development Penod, any such dechcat10n or transfer of all or any part of the Tracts or
Common Areas pursuant to this Section may be made by the Declarant m the Declarant's sole
d1scret10n After the Development Penod, no such dechcat:lon or transfer shall be effective
unless an mstrument agreemg to such ded1cat1on or transfer, signed by the Owners of two-
thirds (2/3) of the Lots, has been recorded,
(d) Any Owner may delegate the1r nght of enjoyment to the Common Areas and
facihtles to the members of the1r farruly, their tenants, or their guests, subject to the
hrrutat:lons set forth above
Sect:lon 5 2 Insurance Nothmg shall be done or kept m any Common Areas which
will mcrease the rate of msurance on the Common Areas or other Lots or Improvements
without the pnorwntten consent of the Board Nothmg shall be done or kept many Common
Areas which will result m the cancellat10n of msurance on any part of the Common Areas or
which would be m v10lation of any laws or ordmances.
Sect:lon 5 3. Alteration of Common Areas and Common Mamtenance Areas
Nothmg shall be altered, or constructed m, or removed from any Common Mruntenance Areas
except upon pnor wntten consent of the Board There shall be no constructJon of any kmd
w1thm the Common Areas except that community improvements may be constructed 1f two-
thirds (2/3) of the members of the Association authonze (1 ) the construct:lon of such
improvements and (2) assessments for such improvements Also, any such improvements
would be subject to the acqu!Sltlon of all requ1red perrruts from governmental agencies This
Section shall not hm1t or prohibit Declarant (and no member consent shall be necessary),
dunng the Development Penod, from constructmg or altenng any such improvements to any
Common Areas or Common Mruntenance Areas, which the Declarant m Declarant's sole
chscrellon, deems for the benefit and enhancement of said areas and the Association m
general,
Sectlon 5 4 Dumpmg m Common Areas or Common Mruntenance Areas No trash,
construction debns or waste, plant or grass chppmgs or other debns of any ktnd, nor any
hazardous waste (as defmed m federal, state or local Jaw or regulation) shall be dumped,
deposited or placed on any Common Areas, Common Mruntenance Areas or Easements. The
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Declarant, (dunng the Development Penod) and the Board thereafter, shall retam the nghts
for enforcement and 1mtiat10n of penalties for violations of thJS pohcy,
Sect10n 5.5 Landscapmg and Fencmg No permanent structures or landscapmg of
any kmd, mcluchng fences, walls or shrubs, may be bmlt or placed w1thm any nght-of-way
easements, or other easements as delineated on the Plat except as deemed appropnate by the
Board This Section shall not proh1b1t the Assoctation from mstallmg additional
improvements or landscapmg withm the designated Common Areas or Common Mamtenance
Areas, nor shall this Section proh1b1t the mstallation of fences by Lot Owners on property
hnes as may be otherwise allowed m this Declaration, nor shall this Section proh1b1t the
mstallatlon of landscapmg on pnvate lot areas encumbered by utility easements not otherwise
restncted m this Declaration as to landscapmg Also, this prohibition shall not apply to
landscapmg of front or side yard areas of Lots extending up to the edge of the curb or
S1dewalk m the pubhc nght-of-way as further set forth m Article 11, Section 13 of tlus
Declaration
ARTICLE6
MAINTENANCE OF THE COMMON AREAS AND COMMON
MAINTENANCE AREAS
DELEGATION OF MANAGEMENT
Sect10n 6 1 Mamtenance of Common Areas Mamtenance of the street lights
located w1thm the plat of Brookefield, any other common areas as shown on the Plat, and all
improvements thereon, shall be the sole respons1b1hty of the Association and shall mclude,
but not be hrmted to, mamtenance of the Common Areas and Common Mamtenance Areas.
Notw1thstanchng anythmg m this declarauon to the contrary, the obhgation to mamtam and
pay for the power used for the street lights w1thm the plat of Brookef1eld, may not be
amended by the Declarant or Associat10n without the wntten consent of the City of Renton or
its' successor m interest. All mamtenance of Lots and Residences located on the Property
shall be the sole obhgatlon of the Owner, provided, however, the Assoctatlon may, from time
to time, provide certam common mamtenance of Lots and Residences as may be deterrmned
to be m the best interests of all Owners The Assocrntlon shall mamtam and regulate the use
of the Common Areas for the benefit of each Lot w1thm the Plat and shall do all reasonable
thmgs necessary to preserve and maintam the Common Areas for the purpose mtended It
shall be the respons1b1llty of the Association to mamtam anythmg that 1s delmeated under
Article l, Section 1.5, and any improvements thereon to preserve the value of said Tracts for
the use and enjoyment of the Members of the Association m accordance with all restnctions
and hrmtatlons established for said Tracts through this Declaration, the regulations and
ordinances of King County, Washmgton, and all other apphcable statutes and regulations.
The Declarant, dunng the Development Penod, and the Board followmg the Development
Penod, shall have the excluSive nght to estabhsh use and operation standards for said
Common Areas to preserve the value and desuabihty of said Common Areas for the
enjoyment of the Members of the Associat10n Notw1thstandmg the foregomg, all costs and
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expenses paid by the Declarant m connection with the maintenance and operation of the
Common Areas shall be reimbursed by the Association from the 1mtlal general assessments
descnbed m Article 7 below,
Section 6 2. Associat10n to Mamtam The Associat10n shall always have the
respons1bihty to maintam the plat dramage fac1hties and emergency access roads unless those
improvements are deeded or sold to a government agency that assumes the maintenance
responsi bih ty
Section 6 3 Repair of Common Areas and Common Maintenance Areas Any
damage to the Common Areas or Common Mamtenance Areas or improvements thereon,
mcludmg landscapmg plantings, street lights, berms, etc , by the Owners or their cluldren or
guests shall be repaired w1tlun one (1) week by the Owners who (or whose children or guests)
caused the damages. If the damage cannot reasonably be repaired wtthm one (1) week, the
time for the Owner to repair the Property shall be extended to the time reasonably required to
repair the Property, provided that the Owner promptly begms, and dihgently pursues, the
repair of the damage If such repairs are not made timely, the AssOC1at1on shall execute the
repair and the Owner will be obhgated to immediately pay the Association or its des1gnee for
the repair If the Owner fails to promptly make payment for such repairs, the Owner will be
charged mterest at the rate of twelve percent (12%) per annum on the payment due, the
payment due shall be a personal habihty of the Owner and the amount of the payment due
shall be a hen on the Owner's Lot,
Section 6 4 Landscape Mamtenance It shall be the responsibihty of the
Association to maintain the landscapmg and entry monuments located at the entrance mto
Brookefield, 1f any, and any landscapmg improvements mstalled on the Tracts or easement
areas owned or adrn1rustered by the Association.
Section 6.5 No Improvements m Easements or Tracts. The Association shall not
permit any structures, fillmg, grading or obstructmn to be placed beyond the bmldmg setbacks
as provided for m tins DeclaratJon or withm the Tracts which are m violation of any
apphcable regulation or ordinance of Kmg County No decks, patios, out bwldings, or
overhangs shall be penrutted beyond the buildmg setback !me, except as provided form this
Declaratmn.
Section 6 6 Management Each Owner expressly covenants that the Declarant,
(dunng the Development Penod) and the Board thereafter, may delegate all or any portion of
their management authonty to a managmg agent, manager or officer of the Association and
may enter mto such management contracts or other service contracts to provide for the
maintenance of the Common Areas and Common Maintenance Areas and any portion thereof
Any management agreement or employment agreement for the mamtenance or management
may be tenmnable by the Association without cause upon nmety (90) days wntten notice
therecf, the term of any such agreement shall not exceed three (3) years, renewable by
agreement of the parties for successive penods of up to three (3) years each Each Owner 1s
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bound to observe the terms and condit10ns of any such management agreement or
employment contract, all of which shall be made available for mspectton by any Owner upon
request Any fees or salanes appltcable to any such management, employment or service
agreement shall be assessed to each Owner
ARTICLE7
ASSESSMENTS
Section 7 1 Obhgatton of Owners Each Owner of any Lot, by acceptance of a
deed thereof, whether 1t shall be so expressed m each deed, IS deemed to covenant and agree
to pay to the Assoc1at1on (1) annual assessments m such amounts as may be determmed by the
Board as necessary to satisfy the estimated common expenses for the common areas and other
property of the Assoc1atJon The amount of the common expenses shall be pro-rated equally
among all Lots, (2) special assessments for capital improvements, (3) a one-1:lme m1tJal
assessment of $500 00 payable to Declarant, represen!Jng each Lot Owner's pro-rata share of
reimbursement to the Declarant for such sums advanced by the Declarant for Plat
improvements, Iandscapmg, hghtmg, signage, fencmg, etc , plus (4) a sum representmg the
overhead of Declarant for advancmg and/or overseemg and direc!Jng the same m amount
representmg fifteen percent(I5%) of such sums actually advanced by the Declarant, plus
mterest at the rate of twelve percent (12 % ) per annum accrumg thereon from the date
advanced uni:!! full reimbursement 1s paid to the Declarant, and (5) any assessments made by
the Declarant pursuant to this Declara!Jon No assessments shall be due and payable by
Declarant If the Owner of any Lot fa.tis to timely pay any assessments w1thm thirty (30) days
of the date specified by the Association or Declarant (dunng the Development Penod), the
annual and special assessments, together with any mterest, costs and any reasonable attorneys'
fees mcurred m attempting to collect the assessment, shall be a hen on the owner's lot and
shall also be the personal obl!gatlon of the person who 1s the Owner of such Property at the
l:lme when the assessment fell due The personal obhgatton for delmquent assessments shall
continue even if the Owner subsequently transfers legal or eqmtable Utle to the Lot; however,
the personal obhgauon for delmquent assessments shall not pass to the delmquent Owner's
successors m ownersrup of the Lot unless expressly assumed by the successor(s) The
Association shall record with the Kmg County Recordmg Officer an acknowledged affidavit
setting forth the facts of the assessment and the delmquency and such recorded affldaVIt shall
cons!Jtute hen on the owner's lot until discharged either by payment or foreclosed as proVIded
for m trus Declaration,
SectJ.on 7 2. Purpose of Assessments The assessments levied by the Association
shall be used exclusively to (a) promote the recreation, health, safety and welfare of the
residents of the Property, and (b) for the improvements and mamtenance of the Common
Areas and Common Maintenance Areas as provided m Article 6, with the amount based upon
the es!Jmated costs as well as reasonable provision for reserves,
Secuon 7 3. Annual Assessments UntJI December 31, 2003, the annual assessment
shall be $200 00 per Lot except those Lots exempted m Section 1, up to twenty-five percent
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(25%) of which may be allocated and paid to the Declarant for Plat management services
provided by the Declarant to the Assoc1at10n ( or up to fifty percent (50%) 1f a profess10nal
management firm is hired by Declarant. Such allocation of funds to the Declarant shall cease
when the Development Penod exp1res and the Assoc1at10n assumes collectton costs,
bookkeepmg and other management respons1b1httes which are descnbed with parllculanty m
the Bylaws of the Assocrntton The balance of the annual assessment shall be used by the
Declarant dunng the Development Penod and by the Associallon thereafter for maintenance,
repair and other purposes permitted by tlus Declarallon, with reasonable provJSJon for
reserves.
The annual assessment may be mcreased (after December 31, 2004) dunng the
Development Penod to reflect the mcreased (1 ) mamtenance costs, (2) repair costs, or (3) Plat
management costs. All mcreases dunng the Development Penod must directly reflect
mcrease m the above recited costs Dunng the Development Penod, the Declarant shall have
the authonty to reduce the annual assessments 1f economic data supports such a reducl!on
because of reduced maintenance costs or other anticipated Associallon expenses
(a) After the Development Penod expires, the annual assessment may not be
mcreased each year more than ten percent (10%) above the maximum assessment for the
previous year without a vote of the membership pursuant to SectJon 3(b) of Arllcle 7 of this
Declaration
(b) After the Development Penod expires, the annual assessment may be mcreased
by more than ten percent (10%) over the previous year's maxlffium annual assessment only 1f
two-thirds (2/3) of the members of the Association, who are vol!ng m person or by proxy at a
meettng duly called for this purpose, consent to such an mcrease
(c) After the Development Penod expires, the Board of Directors shall fix the
annual assessment m accord with the above-recited standards
Secl!on 7 4 Special Assessments for Capital Improvements In addition to the
annual assessments authonzed above, the Associallon (or dunng the Development Penod, the
Declarant) may levy, many assessment year, a common assessment, apphcable to that year
only, for the purpose for defraymg, m whole or m part, the cost of any constructton,
reconstruction, repair or replacement of a cap1tal 1mprovement upon the Common
Mamtenance Areas not prohibited by this Declaration, mcluding fixtures and personal
property related thereto, provided that any such assessment for those capital improvements or
reprurs exceedmg $5,000.00 shall have the assent of two-thirds (2/3) of the members of the
Associallon who are voting m person or by proxy at a meellng duly called for this purpose
Tlns $5,000 00 threshold shall be increased by five percent (5%) each year commencmg m
January, 2003. Only one such special assessment of any kmd may be levied many fiscal year
and only one such assessment may be levied m any five year penod for any project that 1s a
contlnuallon of a proJect for which there has previously been a special assessment
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Section 7 5 Notice and Quorum for any Action of the Assoc1at10n Wntten nonce
of the place, day, hour and purpose of any meetmg called for the purpose of taking acflon by
the Assoc1at1on as authonzed by this Declaration shall be sent to all members not less than
fourteen (14) days nor more than sixty (60) days in advance of the meeting, and m such
manner as may be specified by the Bylaws of the Association At the first meeting called, the
presence of sixty percent (60%) of the members of the Assoc1at:1on or of proxies enutled to
cast sixty percent (60%) of the votes of the Assoc1atton shall constitute a quorum If the
reqmred quorum 1s not present, another meeting may be called subject to the same nottce
requirement, the reqmred quorum at the subsequent meeting shall be one-half of the reqmred
quorum at the precedmg meeting In the event that a quorum 1s still not achieved at the
second meeting, then the Declarant, dunng the Development Penod, and the Board thereafter,
shall have the sole and exclusive authonty to 1mt1ate a special assessment and carry out the
capital improvements more fully descnbed m Section 7 herem without first obtauung the
approval of the reqmred number of members of the Association.
Section 7 6 Umform Rate of Assessment Both the annual and special assessments
must be fixed at a umform rate for all Lots, provided, however, that any Lot owned by the
Declarant shall not be sub1ect to any assessments or charges descnbed m this Declaration
Assessments shall be collected on a monthly, bi-monthly, quarterly, annual, or one-time basis
as detennmed by the Declarant dunng the Development Penod or by the Board for penods
thereafter.
Section 7 7 Date of Commencement of Annual Assessment. Due Dates The
annual assessments descnbed in this Arflcle shall commence 1mmed!ately upon the closmg of
the sale of a home (sale of a Lot 1s excluded) to the 1mttal purchaser or upon the m1t1al
occupation of the home, whichever occurs earher The first annual assessment for each Lot
owner shall be pro-rated from the day that the sale closed ( or the home was occupied) through
the first day of the first month after the calendar month in which the Declaraflon 1s recorded
After the Development Penod expires, the Board of Dnectors of the Assoc1at1on shall
fix the annual assessment Wntten nonce of the annual assessment shall be sent to every
Owner subJect to such assessments The due date shall be estabhshed by the Board of
Directors The Associauon, or ,ts agent, shall, upon demand and for a reasonable charge,
furnish a cerflficate signed by an officer of the Associauon setllng forth whether the
assessment on a specified Lot has been paid A properly executed certificate of the
Assoc1auon as to the status of assessments on a Lot 1s bmdmg upon the Assoc1at1on as of the
date of Jts issuance
Section 7.8 Effect of Non-Payment of Assessments: Remedies of the Assoc1at10n
Any assessment not paid w1thm thirty (30) days after the due date shall bear mterest from the
due date until paid at the rate of twelve percent (12%) per annum Each Owner hereby
expressly vests m the Declarant dunng the Development Penod, or the Assoc1atton thereafter,
or their agents the nghts and powers to bnng all acttons agamst such Owner personally for the
collection of such assessments as debts and to enforce hen nghts of the Association by all
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methods available for the enforcement of such hens, mcludmg foreclosure by an action
brought m the name of the Association m a !Ike manner as a mortgage of real property. Such
Owner hereby expressly grants to the Declarant or to the Association, as apphcable, the power
of sale m connection with such hens The hens provided form tlus Section shall be m favor
of the Declarant or the Association, as appltcable, and each shall have the power to bid m an
mterest at a foreclosure sale and to acquire, hold, lease, mortgage and convey the same The
Owner 1s responsible for the payment of all attorneys' fees mcurred m collectmg past due
assessments or m enforcmg the terms of assessment hens No Owner may waive or otherwise
escape hab1hty for the assessments provided m this ArtJcle by non-use of the Common Areas,
Common Maintenance Areas or abandonment of his or her Lot The Association shall have
the nght to suspend the votmg nghts and enJoyment of Common Areas of an Owner for any
penod dunng which any assessment agamst the Lot remams unpaid thirty (30) days after it 1s
delmquent and for a penod not to exceed sixty (60) days per mfracaon for any mfract10n of
the terms of either this Declarat10n, the Articles or the Bylaws of the Assocrntlon, or of any
official, published rules and regulattons of the Assoc1at1on
Sect:1on 7 9 Subordmauon of the Lien to Mortgage The !ten for assessments,
provided form this Ar!Jcle, shall be subordmate to the hen of any first mortgage or first deed
of trust ("ftrst mortgage"). Sale or transfer of any Lot shall not affect the assessment hen
However, the sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceedmg
m heu thereof, or the first mortgage holder's acceptance of a deed m heu of foreclosure, shall
ext1ngu1sh the hen created pursuant to thIS Article as to payments which become due pnor to
such sale or transfer. No sale or transfer, however, shall (a) relieve such Lot Owner or Lot
from hab1hty for any assessments thereafter becommg due nor from the hen thereof, nor (b)
shall reheve the delmquent Owner from personal hab1hty for the amount of the payments
which became due pnor to such sale or transfer and the costs and attorney's fees
Section 7 IO Exempt Property. All property dedJ.cated to and accepted by local
pubhc authonty shall be exempt from the assessments provided form this Ar!Jcle Property
and Lots withm the plat of Brookef1eld owned by the Declarant, and all Common Areas, shall
be exempt from any and all assessments provided form th!S Declaranon Th!S Secnon shall
apply notw1thstandmg any other prov1s10n to the contrary m tlus Declaratlon
Sectlon 7 11. Management by Declarant Dunng the Development Penod. Declarant,
at its option, shall have and may exercise all of the nghts and powers herem given to the
Assoc1at1on. Such nghts and powers are reserved by the Declarant, its successors and assigns
as provided m Ar!Jcle 2 Declarant shall have the nght and option to assess Owners for actual
costs m mruntammg Common Areas, Common Maintenance Areas and nghts-of-way and to
assess a Plat management fee dunng the development penod
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ARTICLES
MAINTENANCE OF LOTS
Section 8 1 Extenor Marntenance by Owner Each Lot and Residence shall be
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marntamed by the Owner ma neat, clean and s1ght1y·conchtion at all llmes and shall be kept
free of accumulauons of litter, 3unk, contamers, equipment, bUJldmg matenals and other
debns Each Lot owner whose property contains a penmeter fence mstalled by the Declarant
shall be responsible for maintenance of any portion of the penmeter fence that runs along thetr
Lot boundary All landscaping areas, mcludmg landscapmg extenchng into the nght-of-way,
shall be regularly mamtamed and tnmmed to present a clean, neat and well-mamtained
appearance All refuse shall be kept m sanitary contamers screened from the view of any Lot,
the contamers shall regularly be empUed and the contents chsposed of off the Property No
grass cutUngs, leaves, limbs, branches and other debns from vegetation shall be dumped or
allowed to accumulate on any part of the Property, except that a regularly tended compost
device shall not be prolnb1ted.
Secuon 8 2 Vehicle ParJong and Storage No Vehicle may be parked on any
sidewalk areas or bUJldlng Lots, except on dnveways or parlong areas wluch areas shall be
hard-surfaced Only the cars of guests and v1s1tors may be parked on the streets. All other
vehicles shall be parked m garages or on dnveways located entirely on a Lot. No storage of
goods, velucles, boats, trailers, trucks, campers, recreauonal vehicles or other eqmpment or
device shall be pemutted m open view from any Lot or nght of way. (Vehicles, boats,
trailers, trucks, campers and recreallonal vehicles shall be referred to as "Velucles") Tlus
proV1s1on shall not exclude parlong of up to two (2) automobiles owned or used by the Lot
Owner on the dnveway areas adjacent to the garages on the Lot This paragraph 1s also not
meant to disallow permanent (more than 24 hours) parkmg or storage of Velucles on the Lots,
but 1f stored, Vehicles shall be adequately screened from the V1ew of adJacent nghts-of-way
and Lots. Screenmg of such Velucles must have the approval of the Comrrnttee Upon 48
hours' nollce to the Owner of an improperly parked Vehicle, the Board has the authonty to
have towed, at the Owner's expense, any Velucles, (except automobiles owned or used by the
Lot Owners and the1r mv1tees and parked on the dnveway areas or m the garage on the Lot),
sun V1s1ble from the nght-of-way or adJacent Residences that have been parked on any Lot or
withm the nght-of-way for more than 24 hours. Notw1thstanchng the foregomg, Owners who
have V1s1tlng guests mtendmg to stay m such a Vehicle may secure wntten pemuss10n from
the Board for such guests to park the Vehicle upon the Lot owned by the Owner for a
maximum penod of one (1) week Such a pnv1lege shall only exist, however, after the wntten
pemnss10n has been obtamed from the Board.
Section 8 3. Easements for Enforcement Pumoses Owners hereby grant to the
Associauon an express easement for the purposes of gomg upon the Lots of Owners for the
purpose of remoV1ng Vehicles or other smular obJects whlch are parked or stored m v10lat1on
of the terms of this Declaration
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Secllon 8 4. Lot Maintenance by the Associallon. In the event that an Owner shall
fail to mamtam the extenor of his pre!Illses and the improvements situated thereon m a
manner consistent with the mamtenance standards of the Brookef:teld commuruty, mcludmg
maintenance of landscapmg reqmred m the adJacent nght-of-way as set forth m Sect10n 11 13,
the Board shall, upon receipt of wntten complaint of any Owner and the subsequent
mvesllgallon which venfies the complaint, have the nght through its agents and employees to
enter upon the offendmg Owner's Lot and repair, maintain and restore the Lot and extenor of
the improvements on that Lot 1f the Owner shall fail to respond m a manner sallsfactory to the
Board withm forty-five (45) days after mailmg nollce by certified mrul to the last known
address of the Owner The cost of such repair, mamtenance or restoration shall be assessed
against the Lot, and the Board shall have the nght to cause to be recorded a nollce of hen for
reasonable expenses, labor and matenals furmshed, which hen may be enforced m the manner
provided by this Declaration for enforcement of liens for assessments
Section 8 5 Enforcement Dunng the Development Penod Dunng the
Development Penod, the Declarant may elect to exercise and perform the functions of the
Board If the Declarant elects not to perform this function or at any time elects to no longer
perform this funcllon, the Declarant shall appomt the Temporary Board to funcllon as
proVlded herem.
ARTICLE9
HOMEOWNERS' ASSOCIATION
Secllon 9 I Non-Profit Corporation The Association shall be a nonprofit
corporation under the laws of the state of Washmgton The nghts and duties of the members
and of the Association shall be governed by the proV1s1ons of this Declarallon, the ArtJcles of
Incorporation and Bylaws of the Associat10n and such other Rules and Regulat10ns as the
Associallon may hereafter adopt
Secllon 9.2. Memberslup. Every person or enllty (mcludmg Declarant) who is an
Owner of any Lot shall become a member of the Association Membership shall be
appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be
assigned or conveyed many way except upon the transfer of title to, or a real estate contract
vendee's mterest m, said Lot and then only to the transferee of either the title to the Lot or the
vendee's mterest m the Lot All Owners shall have the nghts and dulles spec1f1ed m this
Declaration, the Arllcles of Incorporat10n and the Bylaws of the Association
Section 9 3 Votmg Rights. The Assoc1allon shall have two (2) classes of votmg
membership
Class A Class A members shall be all Owners, with the excepllons of (1) the
Declarant while the Declarant 1s a Class B member, and (11) the Owners of Lots descnbed as
exempt m the Declarallon Class A members shall be enlltled to one (1) vote for each Lot
owned. When more than one (1) person holds an mterest m any Lot, all such persons shall be
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members The vote for such Lot shall be exercised as they by maJonty detenmne, but in no
event shall more than one (1) vote be cast with respect to any Lot, nor shall any vote be
divided When more than one person holds an interest in any Lot, all such persons shall
unammously designate (in wnting delivered to the secretary of the Association) one of the
persons (owrung an interest in the Lot) to vote (in person or by proxy) the vote for such Lot,
Class B Class B member(s) shall be the Declarant (as defined m this
Declaration), and shall be entitled to one thousand (1,000) votes for each Lot owned Any
remaining Class B membership shall cease and be converted to Class A memberslup on
January 1, 2006.
The voting nghts of any Owner may be suspended as proVlded for either in this
Declaration, or m the Articles, or m the Bylaws of the Association.
Section 9 4. Meetings Meetings shall be conducted in accord with the Bylaws of
the BROOKEFIELD Homeowners' Association
ARTICLE IO
MANAGEMENT BY BOARD
Section 10 1 Exp1rat:1on of the Development Penod Upon the expiration of the
Declarant's management authonty under Article 2, all adrmmstratlve power and authonty
shall vest in a Board of one (1) to five (5) di.rectors. The Association, by amendment of the
Bylaws, may increase the number of directors All Board posit:tons shall be open for election
at the first annual meeting after tem:unatlon of the Development Penod under Art:tcle 2
Secllon 10 2. Terms The terms which the Board members will serve are defined in
the Bylaws
Sectmn 10 3 Powers of the Board. All powers of the Board must be exercised in
accordance with the spec1ficat1ons which are set forth in the Bylaws The Board, for the
benefit of all the Property, and the Lot Owners, shall enforce the proV1s10ns of this
Declarat:ton and the Bylaws. In adchuon to the duues and powers imposed by the Bylaws and
any resolul:lon of the Assoc1at1on that may be hereafter adopted, the Board shall have the
power and be responsible for the following, in a way of explanation but not hrmtallon
(a) Insurance At such times as the Board deems appropnate, the Board shall
cause the AssociatJon to purchase and maintam as a common expense such pohcies of habihty
and other insurance as the Board deems advisable The Board shall provide for the
Associatlon to conllnuously mamtam m effect such casualty, flood and habihty insurance and
a fidehty bond meeung the insurance and fidehty bond reqmrements for a planned umt
development proJect estabhshed by FederaJ Nal!onaJ Mortgage Associallon, Federal Home
Loan Mortgage Corporal:lon, Veterans Admmistration and the Government National
Mortgage Associallon, so long as any of them are a mortgagee or Owner of a Lot with the
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project, except to the extent such coverage 1s not available or has been waived m wnung by
Federal National Mortgage Associat10n, Federal Home Loan Mortgage Corporation, Veterans
Adnumstrauon, and the Government National Mortgage Associauon. The Board shall obtam
as of the date on which the first Lot 1s transferred from the Declarant to an Owner Occupant,
and shall maintain at all subsequent times, a general comprehensive hab1hty msurance policy
msunng the Board, the Association and the directors and officers of the Assoc1at10n against
any hab1hty to the pubhc or to the Owners and their mv1tees or tenants mc1dent to the
ownership or use of the Common Area or Common Area Improvements Srud msurance shall
beman amount determmed by the Board but shall not be less than $1,000,000 00 covenng all
claims for personal mJury or death and/or property damage ansmg out of a smgle occurrence,
(b) Legal and Accounting Services. Obtain legal and accountmg services 1f
necessary to the admm1stratlon of Assoc1at10n affairs, adm1mstratton of the Common Areas
and Common Maintenance Areas, or the enforcement of this Declaration,
(c) Mamtenance Pay from Associatton funds, all costs of maintammg the
Common Area' and Common Mamtenance Areas,
(d) Maintenance of Lots Subject to the reqwrements ofth1s Declaration, mamtam
any Lot 1f such maintenance 1s reasonably necessary m the Judgment of the Board to (1)
protect Common Mamtenance Areas, or (2) to preserve the appearance and value of the
Property or Lot The Board may authonze such mamtenance acttvitles 1f the Owner or
Owners of the Lot have failed or refused to perform maintenance w1thm forty-five ( 45) days
(or such other reasonable penod of time that shall be detennmed by the Board) after wntten
nonce of the necessity of such maintenance has been delivered by the Board to the Owner or
Owners of such Lot, provided that the Board shall levy a special assessment agrunst the
Owner or Owners of such Lot and the Lot for the cost of such maintenance,
(e) Discharge of Liens The Board may also pay any amount necessary to
discharge any hen or encumbrance levied agamst the enttre Property or any part thereof which
1s clauned or may, m the opm10n of the Board, constitute a hen agamst the Property rather
than merely against the mterest therem of particular Owners Where one or more Owners are
responsible for the existence of such hens, they shall be jomtly and severally hable for the
enttre cost of dJ.schargmg the hen(s) and all of any costs or expense, mcludJ.ng reasonable
attorneys' fees and costs of title search mcurred by the Board by reason of such hen or hens.
Such fees and costs shall be assessed agamst the Owner or Owners and the Lot(s) responsible
to the extent therr responsib1hty,
(f) Utrhttes Pay all uttl1ty charges attnbutable to Common Areas and Common
Maintenance Areas,
(g) Secunty Pay all costs deemed appropnate by the Board to msure adequate
secunty for the Lots and Common Areas and Common Mamtenance Areas conshtutlng the
res1denual community created on the Property,
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(h) Right to Contract Have the exclusive nght to contract for goods, services,
maintenance and capital improvements provided, however, that such nght of contract shall be
subject to the prov1s1ons of this Declaration;
(1) Improvement of Common Areas and Common Maintenance Areas Improve
the Common Areas and Common Maintenance Areas with capital improvements to such
Common Areas and Common Maintenance Areas; provided that all capital improvements are
subject to the procedures set forth in this Declaration,
(J) Right of Entry. Enter any Lot or Residence, when reasonably necessary, m the
event of emergencies or m connection with any maintenance, landscapmg or construct.Ion for
which the Board 1s responsible Except in cases of emergencies, the Board, its agents or
employees shall attempt to give nol!ce to the Owner or occupant of any Lot or Residence
twenty-four (24) hours pnor to such entry Such entry must be made with as httle
mconvemence to the Owners as pract.Icable, and any damage caused thereby shall be repaired
by the Board, at the Associal.!on's expense, 1f the entry was due to an emergency (unless the
emergency was caused by the Owner of the Lot entered, m which case the cost shall be
specially assessed to the Lot and against the Owner of the Lot) If the repairs or maintenance
acl!v11.!es necesSitated by the Owner's neglect of the Lot, the cost of such repair or
maintenance actlv1ty shall be specially assessed to that Lot and against the Owner of that Lot
If the emergency or the need for maintenance or repair was caused by another Owner of
another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot and
against the other Lot,
(le) Promulgatlon of Rules. Adopt and publish any rules and regulatlons governmg
the members and the1r guests and establish penaltles, mcluding fmes, for any mfract:J.on
thereof,
(I) Declarauon of Vacancies Declare the office of a member of the Board to be
vacant in the event that a member of the Board 1s absent from three (3) consecutlve regular
meet:J.ngs of the Board;
(m) Employment of Manager Employ a manager, an independent contractor, or
such other employees as the Board deems necessary and descnbe the dul.!es of such
employees,
(n) Payment for Goods and Services Pay for all goods and services required for
the proper functioning of the Common Areas and Common Mmntenance Areas;
(o) Impose Assessments Impose annual and special assessments;
(p) Bank Account Open a bank account(s) on behalf of the Assoc1at:1on and
designate the s1gnatones reqmred, and,
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(q) Exercise of Powers Duties and Authonty Exercise for the Association all
powers, dutles and authonty vested m or delegated to the Assocrnt10n and not reserved to the
membership by other prov1S1ons by the Bylaws, Articles of Incorporat1on or this Declaration
The Board shall have all powers and authonty peflilltted to 1t under this Declaration and the
Bylaws However, nothmg herem contained shall be construed to give the Board the authonty
to conduct a busmess for profit on behalf of all the Owners or any of them
ARTICLE 11
LAND USE RESTRICTIONS
Sectlon 11.1 Use of Lots All Lots w1thm the Property shall be used solely for
pnvate smgle-fam1ly residential purposes and not for busmess purposes, proV!ded, however,
that w1thm such smgle fanuly residences the Owner(s) thereof may, upon formal wntten
application to the Board, request pef1Illss10n to operate a licensed day care busmess The
Board shall be authonzed, but not obligated, to grant such app1 oval and such approval may
only be granted, m the sole discreuon of the Board IF 1) all applicable governmental zonmg
and land use classtf1cations lawfully permit such usage AND, 2) the busmess and Owner(s)
are licensed by all applicable governmental authonties to operate such a day care busmess,
AND 3) the day care busmess will be operated only between the hours of 7 a.m. and 6 pm
and only on Monday through Fnday AND, 4) no more than four (4) children, m addition to
those of the Owner's 1mmed1ate family, are enrolled m either a part or full-time capacity m
such day care AND, 5) the Owner{s) of such Lot(s) operating such day care fac1hty will fully
oversee, restnct and supervise all children enrolled and will lmnt such actlV!tles stnctly w1thm
the confmes of their res1dence(s) and Lot(s) and not outside the same AND, (6) the Owne,:(s)
of said Lot(s) agree to mdemmfy and hold the Declarant and the Associatlon fully harmless
from any and all liability and causes of actlon of whatever kmd ansmg by Virtue of the
Owner's operauon of such a day care busmess AND, 7) the Owner(s) of said Lot(s) will
provide the Association, pnor to commencmg such busmess operauons, and at all times
dunng such busmess operatlons, with venftcat10n of liability msurance coverage m an amount
not less than $1,000,000 00 nammg the Associatlon and the Declarant and such other parties
as the Association may deem appropnate as add1t10nal msureds AND, 8) such operatlon does
not mterfere or otherwise v10late any other provisions of this Declaranon, mcluding, but not
necessanly llnnted to Velncle parkmg and s1gnage restnctions Should the Board give wntten
authonzatlon for such usage, such authonzat10n may be revoked by at least five (5) days pnor
wntten nonce delivered to Owner should the Owner(s) operatmg such day care busmess fail
to stnctly adhere to the provmons contamed witlnn this Declaratlon as well as any additional
Rules and Regulations imposed, from time to tlme, by the Board Neither the Declarant, the
Board and/or the Assoctation shall be deemed to be a partner or JOmt venturer and/or have an
mterest m such busmess operatlon to the extent pe=ss10n to operate such a day care busmess
is authonzed. No other busmess or commercial uses are pernntted except that nothmg m this
Declaration shall prohibit busmess or commercial actlvines withm a residence which are of a
nature that are not vmble from the extenor of the residence and do not create any
BROOKEFIELD CC&Rs
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unreasonable impact on the neighborhood either from traffic, parkmg, noise, signs, storage of
matenals, odors or otherwise
Section 11 2 Residential Cond1t10ns and Standards All residential structures shall
comply with the followmg conditions and standards·
a. Pnvate smgle-farrnly residences shall consist of not less than one (1) Lot
and no Lot shall ever be further subd1v1ded Each Residence must have a pnvate enclosed car
shelter for not less than two (2) cars, provided that a portion of the mtenor of said garage may
be improved and/or fm1shed for residential use by the Owner thereof provided that the
extenor of the garage shall not be removed or otherwise modified so as to ehmmate the
garage door that previously provided access thereto No smgle structure shall be altered to
proVIde for more than one (1) family. Smgle level type residences (residences cons1stmg of a
one story residence or a residence consistmg of a basement and one story) shall contain at
least 1,100 square feet Multi-level residences (1 e, tn-levels as that term 1s used m the
construction mdustry) shall contam at least 1,300 square feet. Two story residences shall
contain at least 1,300 square feet. Sp ht-level residences shall contain at least 1,300 square
feet. In computing the total square footage of a residence, the basement may be mcluded but
garages and/or enclosed decks shall not be mcluded
b All front yards landscapmg plans shall be submttted to the commtttee for
approval All front yards shall be landscaped pnor to issuance of a Certificate of Occupancy
All lots shall be fully landscaped w1thm one growmg season after purchase
Section 11 3 Use of Lot Not To Interfere With Rights of Others No Lot shall be
used ma fashion which unreasonably mterferes with any other Owner's nght to use and en3oy
the other Owner's Lots The Board, the Comnnttee designated by it, or the Declarant dunng
the Development Penod, shall determtne whether any given use of a Lot unreasonably
mterferes with those nghts, such determtnallons shall be conclusive
Section 11 4 No Offensive Act1v1ty on Lots.
(a) No noxious or offensive actmty shall be conducted on any Lot, nor shall
anythmg be done or maintained on the Property which may become an activity or cond!t1on
which unreasonably mterferes with the nghts the Declarant gives other Owners to use and
en3oy any part of the Property. No acl!VIty or condition shall be conducted or maintamed on
any part of the Property which detracts from the value of the Property as a res1dent1al
commumty No untldy or unsightly cond1t10n shall be maintained on any property Untidy
condttlons shall mclude, but are not hm1ted to, publicly v1S1ble storage of wood, boats,
trailers, mobile homes, recreattonal vehicles, disabled vehicles of any kmd whatsoever, except
where spec1ftcally provided for said purposes by the Declarant or the Board wtthm the
commumty, 1f at all, and landscapmg wluch 1s not properly maintained The Board ( or the
Declarant dunng the Development Penod) shall make the final determtnat10n of any
VIolatJ.ons of this section, and,
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(b) Notw1thstandmg anything m Section 3(a) of this Article 11 to the contrary,
dunng the Development Penod the Declarant may penrut tnulers ("temporary trailers) or
home(s), which may be used by the Declarant and its authonzed representatives, to be placed
upon Owner's Lots to fac1Ittate the sale of the Lots and the construction of residences (and
residence-associated improvements) upon the Lots.
Section 11 5 Fences As used m this Declarabon "fencmg" shall mean any barner or
wall other than natural h vmg orgamc vegetation mcludmg trees and shrubs Fences shall be
constructed of cedar The maximum height of any fence located on any lot shall be six (6) feet
and all fences shall be set back from the front wall of the house by at least 6-8 feet Fences,
walls or shrubs are penrutted on side and rear property Imes, up to the front wall (facade) the
residenllal structure, the distance between the front Lot ltne and the front wall (fascade) at the
garage of the pnmary Residence, subject to (1) the approval of the Coilllllittee and (2)
detenrunatlon whether such fences, walls or shrubs would mterfere with utility easements
reflected on the face of the Plat and other easements recorded elsewhere In no event shall
any fences be allowed between the front Lot ]me and the front wall (fascade) of the pnmary
Resu:!ence No barbed wtre, cham lmk or corrugated fiberglass fences shall be erected on any
Lot All fences, open and sohd, are to be constructed according to the design and matenal
spec1f1callons as approved by the Committee pnor to construction
Section 11 6 No Mobiles or Trailers No mobile or "manufactured" homes, trailers,
structures of a temporary character, recreatwnal vehicles, tent, shack, garage, barn or other
outbu1ldmgs shall be used on any Lot at any time as a Residence, either temporanly or
permanently. No vehicles parked m public nghts-of-way may be used temporanly or
permanently for residential purposes
Section 11 7. Mmmg, No 01! dnllmg, 01! development operations, 01! ref1mng,
quarrying or mmmg operation of any kmd shall be penrutted on or m any Lot, nor shall 01!
wells, tanks, tunnels, mmeral excavation or shafts shall be penrutted on or m any Lot No
demck or other structures designed for use m bonng for 01! or natural gas shall be erected,
maintained or penrutted upon any Let Otl storage for residential heating purposes 1s
penrussible tf the storage tank 1s buned, any necessary penruts are obtained and the storage
comphes with all applicable envrmnmental laws, rules and regulations
Section 11 8. Bmldmg Setbacks No structures shall be located closer to the front
hne or nearer to the side street !me than mtmmum dwelhng setback Imes reqmred by relevant
pubhc zomng ordmances or by thts Declarat10n For the purpose of this Declaration, eaves,
steps, chunneys and open porches shall not be considered as part of the dwelhng, provided,
however, that tlus shall not be considered to pemut any portion of a dwelling on a Let to
encroach any required setbacks by local codes, or to encroach upon another Lot or upon any
easements mdtcated on the face of the Plat or as otherwise recorded, or upon the Common
Areas or Common Maintenance Areas In no event shall any structures vtolate any prov1S1ons
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of any zorung ordinance, or any specific setbacks as set forth on the recorded Plat map, or any
setbacks imposed through the estabhshment of easements for utilities or access.
Section 11 9 ~ No signs, billboards, or other adverl!smg structures or device
shall be displayed to the pubhc view on any Lot except one(!) S1gn not to exceed three square
feet m area may be placed on a Lot to offer the property for sale or rent and with the exception
of any entry monumentatwn and s1gnage which may be mstalled by the Declarant Poht1cal
yard signs, not more than three (3) square feet m area, of a temporary nature, not to exceed
sixty (60) days, will be allowed dunng campaign penods on Lots W1thm five (5) days after
the date of the election to which the sign refers, such signs must be removed from Lots This
Sectlon 11 9 (mcludmg, but not hrruted to, the restnctlons on the number of signs and the sign
size hrrut) shall not apply to signs approved under Subsect10n (1) of Article 11 by the
Declarant dunng the Development Penod.
(I) The Declarant may estabhsh, for the duratlon ot the Development Penod,
S1gnage guidelmes and standards for Lot 1dent1ficat1on signs, realtor 1dent1ficat1on signs, "for
sale" signs and other s1gnage that may be placed by partles other than the Declarant on any
part of the Lots within Brookef1eld, the Common Areas, the Common Maintenance Areas or
pubhc nghts-of-way. The Declarant may also develop an overall theme for s1gnage w1thm the
pro3ect, includmg specific requirements for physical sign mstallatlons and size requirements,
which theme will be the established gwdelmes and standards for s1gnage m Brookefield
dunng the Development Penod.
(2) Dunng the Development Penod, the Declarant shall have the sole and
exclusive nght to approve, m the Declarant's sole d1scretlon, any and all s1gnage installatlons
w1thm any part of the real property encompassed withm the plat of Brookefield, mcluding the
ad3acent nghts-of-way Every Owner of a Lot m Brookefield and any bwlder or real estate
agent on behalf of an Owner, shall subrrut any proposed signs to the Declarant for approval
pnor to mstallat10n of the signs
(3) Dunng the development penod, any signs not spec1f1cally approved by the
Declarant found anywhere w1thm Brookef1eld, the Corrunon Areas, the Corrunon Maintenance
Areas, on any lot, (or any other portion of the property 1dent1fied on the attached Exhibit "A"),
or on ad3acent nghts-of-way, may be promptly removed and disposed of by the Declarant
The absolute nght of the Declarant to remove unauthonzed signs from the Property or
ad3acent nghts-of-way specifically mcludes, but 1s not !muted to, the Declarant's nght to
remove any all signs placed by real estate agencies or thetr representatl ves, mcludlng
temporary reader board signs and other signage mstallatlons
(4) No person, includmg but not limited to, the person or persons owmng any
mterest m the signs removed, shall be enl!tled to compensatlon of any land for s1gn(s)
removed by Declarant pursuant to this Sectlon.
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(5) The Board may cause any sign placed on the Property or any adJacent nghts-
of-way, m vto!at10n of this Article 11, Secuon 9, to be removed and destroyed without
compensation of any kmd to any one mcludmg, but not hID!ted to, any persons havmg an
ownership mterest m the sign This Section shall not apply to s1gnage placed by Declarant
(see Sect:10n 9(d) of tlus Article 11)
(6) Adchtzonal s1gnage may be mstalled by Declarant dunng the Development
Penod to promote the sale of Lots or houses and to promote Declarant's project and company
and representatives. Notw1thstandmg anything m this Sectmn 9 of Article 11 to the contrary,
signs placed by the Declarant shall not be subject to any sign restnctmns. The Declarant shall
not be subJect to any gwdelmes or standards established by Declarant for other parties
pursuant to tlus Section 11.9.
(7) Under no circumstances shall the Declarant be hable for, or be reqmred to pay,
for all or any part of the constructton, mstallauon or mamtenance of any signs which are
placed upon any Lot not owned by the Declarant.
Section 11.10. Arumals. No animals, except dogs, cats, caged b1rds, fish m tanks,
and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at
large or to create a chsturhance for other Owners m the Plat No an1IDals will be allowed to be
leashed, chained or otherwise tted to any port10n of the front or sides of Residences. All
owners, their mv1tees and tenants shall comply with all governmental orchnances regardmg
animals on their lots or m the nght-of-way and the Association or any owner may enforce, to
the extent perID!tted by law, those governmental orchnances and regulatmns by means as set
forth m this Declaratlon All pens and enclosures must be screened from vtew of other
Residences and Lots and must be approved by the Committee pnor to construct10n and shall
be kept clean and odor free at all tlmes. If the mvestigatlon of the Board md!cates that
arumals are kept m vm!atlon of this Sectrnn, the Declarant, dunng the Development Penod, or
the Board thereafter, will give the Owner ten (10) days wntten notice of the vtolation Such
v10Jat1on must be remeched by the Owner w1thm such ten (10) day penod Failure to comply
with the wntten notice will result m a fme of $25 00 per day Any fine imposed by tlus
Section shall be the personal obligation of the fmed Owner and a hen on the Lot of the fined
Owner The Association shall be entitled to attorneys' fees, costs a!!d expenses for any action
taken to collect such fmes m accordance with the prov1s10ns of tlus Declaratlon
Section 11 11 Dnveways All dnveways shall be paved with concrete, unless
otherwise approved by the Comm1ttee.
Sect10n 11.12 Delega!Jon of Use and Respons1b1hlles Any Owner may delegate, to
members of !us faIDJ]y or his tena!lts, m accordance with the Bylaws of Brookfield
Homeowners Assoc1at1on, the Owner's nght of enjoyment of Common Areas and Common
Mamtenance Areas In the event a11 Owner rents or leases his property, a copy of this
Declaration, as well as a11y rules and regulations that may be adopted by the Assoc1at1on, shall
be made available by the Owner to the prospectlve renter at the time of commitment to the
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rental agreement. Each Owner shall also be responsible for informmg guests and service
personnel of the contents of this Declarauon, as well as any rules and regulatJons that may be
adopted by the AssociatJon as they may relate to appropnate commumty behav10r Each
Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common
Areas and Common Maintenance Areas (or any other area mamtamed by the AssociatJon) or
to any other Association property, whether real or personal, caused by an Owner, the Owner's
farmly, guest, tenant, agent, workman, contractor or other hcensee or mvitee. The Assoc1atJon
shall have a hen upon the Owner's Lot for the amount of the damages.
SectJon 11.13 Landscapmg Standards The entJre front yard landscapmg should be
mstalled pnor to occupancy (weather penmttmg) The entJre landscapmg, mcludmg the
remammg portJon of the side and rear yard, shall be mstalled w1thm twelve (12) months of the
JSsuance of a Certificate of Occupancy Each Lot Owner shall be respons1 ble for mstallmg
and mamtrumng the Iandscapmg withm the adJacent nght-of-way If mclement weather
conditions prevent the tJmely installallon of said landscapmg improvements for either front or
back yard, the Lot Owner must make apphcatlon to the Committee for an extension of tJme
until weather conchuons sufficiently improve.
"Front yard" shall be defined as the lot area extending from the front property !me
back to a !me measured parallel with the front property !me wluch would comc1de with the
front wall of the mam dwellmg on the Lot, exclusive of any garage proJectJons.
The front yard landscapmg shall mclude all of the adjacent street nght-of-way along
the Lot frontage and side frontage out to the edge of the curb or sidewalk m the street Each
Lot Owner shall be responsible for mstallmg and mamtammg the landscapmg withm this
ad1acent nght-of-way, except as otherwise provided above
SectJon 11.14 Tree Height No tree or other vegetation shall be allowed to grow to a
height of more than 25 feet above the adJacent ground unless the Cornm1ttee determmes that
mcreased height would not have a matenal adverse affect on the view from the other lots The
AssociatJon shall spec1flcally have the nght to tnm offending trees and vegetatJon at the
Owner's expense after reasonable notice
ARTICLE12
BUILDING RESTRICTIONS
Sectrnn 12 1 Butldmg Matenals All homes constructed on each Lot shall be built of
new matenals, with the exception of ''decor" items such as used bnck, weathered plankmg,
and s1milar items The Cornmtttee will detenmne whether a used matenal 1s a "decor'' ,tern
In makmg this determmatJon, the Committee will consider whether the matenal harmonizes
with aesthetJc character of the plat of Brookef1eld development and whether the matenal
would add to the attractJve development of the subchvis1on. All roofs are to be cedar shake,
concrete or masonry tJle or chmens1onal composrtJon with a mmtmum 20 year warranty All
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s1dmg and tnm are to be re-sawn wood and/or vertical or honzontal "LP" type stchng, bnck,
authentlc stone s1dmg, OSB LAP, Hardi Plank or eqwvalent, or Tl! I type s1dmg of a color
approved by the Committee, provided, however, that T-111 type s1dmg wtll not be allowed m
the front of any residence
The extenor of all construcllon on any Lot shall be designed, bwlt and mamtamed m
such a manner as to blend m wtth the natural surroundmgs and landscapmg w1thm
Brookefield Extenor colors must be approved by the Comnuttee Extenor tnm, fences,
doors, ra1lmgs, decks, eaves, gutters and the extenor fimsh of garages and other accessory
bwlchngs shall be designed, bwlt and mamtamed to be compatlble with the extenor of the
structure they adj om
The Committee or Board will establish an approval process and color gwdelmes Any
change of color of the extenor of any ex1stmg home w1thm Brookefteld ts subject to the same
approval process.
Sect10n 12 2 Mamtenance of Lots Dunng the Constructlon Penod Each Lot Owner,
exclusive of the Declarant, shall have a respons1 bthty to generally mamtam the Lot m either a
natural forested conchtrnn pnor to any cleanng or ma neat and clean appearance after
construction commences for a Residence on said Lot. After cleanng of vegetation for
construction, the debns from the cleanng operat10n shall be promptly removed from the Lot
and chsposed of off site wtthm twenty (20) days
Dunng constructlon of each Residence, penod1c efforts shall be made by the Owner,
or the Owner's construcllon representatl ves, to pick up scrap matenals and other construction
debns and to penochcally chspose of said matenals This shall be done at least weekly Upon
completion of the construction on any Lot and pnor to the occupancy of the structure, the Lot
Owner shall be responsible for keepmg the landscapmg improvements and the structure itself
ma clean and neat appearance. Tins shall mclude the respons1b1hty for regular landscape
maintenance, watenng, tnmmmg, and upkeep to present a fm1shed, manicured appearance of
said premises from the adjacent nght-of-way In the event that the Lot Owner, or Owner's
construcllon representallve(s), fails to meet the standards set forth m this Secllon, the Board
shall have the nght to complete such clean-up act1v1ty m accordance with the prov1s10ns as set
forth m Arllcle 8
Sect10n 12 3 Permits No construct10n or extenor add1l!on or change or alteral!on of
any structure may be started on any portion of the Properlles without the Owner fust
obtainmg a butldmg permit and other necessary perrruts from the proper local governmental
authonty, and wntten approval of such perrruts from the Committee or the Declarant, as well
as plan check approval as set forth m this Declara!lon
Secllon 12 4 Codes All construction shall conform to the reqmrements of
applicable Bmlchng Rules and Regulations and Uniform Codes (bwldmg, mechamcal,
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plumbmg and wmng), m force at the commencement of the construction, mcludmg the latest
revisions thereof
Section 12 5 The Time of Completion The extenor of any structures, mcludmg
painting or other smtable fm1sh and front yard landscaping, shall be completed w1thm nme (9)
months of the begmnmg of construct10n so as to present a fmished appearance when viewed
from any angle The construction area shall be kept reasonably clean dunng the construction
penod
Section 12 6. Entry for Inspect10n. Any agent, officer or member of the Board,
Committee or (dunng the development penod) the Declarant may, at any reasonable
predetennmed hour upon twenty-four (24) hour notice dunng construction or extenor
remodelmg, enter and mspect the structure to determme 1f there has been comphance with the
proV1s1ons of this Declarat:ton The above-recited mchY!duals shall not be deemed gmlty of
trespass for such entry or mspectlon There 1s created an easement over, upon and across the
res1dent:1al Lots for the purpose of makmg and carrymg out such mspect:lons
Section 12 7. Contractor Without the pnor approval of the Conumttee, no home
may be constructed on any Lot other than by a contractor hcensed as a general contractor
under the statutes of the State of Washmgton
ARTICLE 13
UTILITIES
Sect:lon 13 1. Wmng The wmng ( other than mtenor wmng) for butldmgs of any
land shall be underground
Section 13 2 Antennae No rad10 or telev1s1on antennae, transl11ltters or parabohc
reflectors (except satelhte d!sh antennae havmg a d!arneter of 18" or less) shall be perl11ltted
unless fully screened from pubhc view or unless approved by the Conumttee Any such
mstallatlons shall not be approved 1f, m the sole d!scretlon of the Committee, the
mstallat10n(s) will detract from the appearance of the Lot or Properties
ARTICLE14
ARCHITECTURAL CONTROL
Section 14 1. Architectural Control Committee ("Coml11lttee") So long as the
Declarant 1s either a Class A or Class B votmg member of the Association, the Declarant shall
act as the Architectural Control Committee ("act as the Committee") (even 1f the Development
Penod has ended) unless the Declarant elects not to act as the Conumttee If the Declarant 1s
acting as the Conumttee, the Declarant shall have all authonty and perfonn all functions given
to the Conumttee by these Declarations and apphcable law, all references to "Col11lffittee" m
this Declaration shall apply to the Declarant wlule actmg as the Conumttee.
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If the Declarant 1s sull a votmg member of the Assoc1aUon but elects not to act as the
Comnuttee, then 1f the Development Penod has not ended, Declarant shall appomt a
Cormruttee to function as the Comnuttee and after the Development Penod, the Board shall
appomt the Committee At such time as the Declarant is no longer a voting member of the
Assoc1atlon, the Board shall have the authonty to appomt the Comnuttee provided for by this
Arucle 14 The Comnuttee, when appomted, shall consist of not less than three (3) and not
more than five (5) members
Section 14 2. Junsdictlon and Puroose. The Comnuttee or the Declarant as set forth
herem, shall review proposed plans and spec1f1cations for Residences, accessory structures,
fences, walls, appurtenant recreational fac1ht1es (e.g , hot tubs, basketball courts, tenms courts,
sw1rmrung pools and bath houses), or other extenor structures to be placed upon the
Properties No extenor addition, structural alteration, or extenor structures of any kmd may
be made untll plans and specifications showmg the nature, kmd, shape, height, matenals and
locatlon of the proposed strucrure or alterat10n have been submitted to and approved, m
wntlng, by the Comrmttee The Committee shall also reVJew proposals to change the extenor
color of homes m the Plat The Committee shall deternune whether the extenor design and
locatlon of the proposed structure, alterat10n, or color change harmomzes with the (1)
surrounding structures, (2) surrounding natural and bwlt environment, and (3) aesthetic
character of other homes m the Plat
Section 14.3 Membersh10 Except as provided m Section 1 of tlus Arucle 14, the
Comnuttee shall be designated by the Board An electlon to fill either a newly created
positlon on the Comnuttee or a vacancy on the Comnuttee requires the vote of the maJonty of
the entire Board However, the Board is not obltged to fill a vacancy on the Committee unless
the membership of the Conumttee numbers Jess than three (3) persons
Secnon 14.4 Des1gnat10n of a RepresentatJve. The Comrmttee may unammously
designate one or more of its members or a third party to act on behalf of the Committee with
respect to both numstenal matters and d1Scret10nary Judgments The dec1s1ons of such
mdiVJduals are sub3ect to review by the entire Comnuttee at the request of any member of the
Committee
Section 14 5 Donation of Time No member of the Comnuttee shall be entitled to
any compensation for serVJces performed on behalf of the Comnuttee Committee members
shall have no financial llab1hty resultmg from Comrmttee actJons Members of the
Comnuttee shall be entitled to compensat10n for reasonable out of pocket expenses mcurred m
the discharge of their duties as members of the Comnuttee
Section 14 6 Address of the Committee. The address of the Committee shall be at
the registered office address of the Association
Section 14 7 Votlng Comrmttee decisions shall be deternuned by a maJonty vote of
the members of the Comnuttee.
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Section 14 8 Subm1Ss10n of Plans All plans and spec1f1cat1ons reqlllred to be
submitted to the Coil1ITilttee shall be sub!llltted by mail to the address of the Corrumttee m
duphcate. The wntten submiss1on shall contain the name and address of the Owner
submittlng the plans and spec1ficat10ns, identify the Lot mvolved, and the following
informat10n about the proposed structures:
(a) The location of the structure upon the Lot,
20040901002378.033
(b) The elevation of the structure with reference to the ex1stmg and finished Lot
grades;
(c) The general des1gn;
(d) The mtenor layout,
(e) The extenor firush matenals and color, mcludmg roof matenals; and,
(f) Other information which may be reqlllred m order to determme whether the
structure conforms to the standards articulated in tins Declaration and the standards employed
by the Committee m evaluating development proposals.
Section 14 9. Evaluatmg Development Proposals The Coil1ITilttee shall have the
authonty to estabhsh aesthetic standards for evaluating development proposals. In addition to
these gllldehnes, m evaluating development proposals, the Co=ttee shall determine
whether the external design, color, bU1ldmg matenals, appearance, height, configuration,
location on the Lot, and Jandscapmg of the proposed structure (the "design elements")
harmoruze with (1 ) the vanous features of the natural and bwlt enVJronment, (2) the aesthetic
character of the other homes m Brookefield, and (3) any other factors which affect the
des1rab1.hty or swtab1hty of a proposed structure or alteration (collectJ.vely the "approval
factors") The Co=ttee shall decline to approve any design m which (1 ) the design
elements fail to harmomze with the approval factors descnbed m the prev10us sentence or
which fail to meet any aesthetic standards promulgated by the Committee, (2) impacts
adversely on nearby Propemes and Common Areas, or (3) 1s of a temporary or non-permanent
nature. Committee determinations may be amended by a maJonty vote of Committee
members.
Any changes subject to review per the terms set forth herem winch are undertaken
without subm1ss10n to the Architectural Control Coil1ITilttee shall be deemed to have been
disapproved The Committee has the authonty to stop further work as well as the authonty to
have pnor work undone
Section 14 10. Exclus10ns. The Declarant shall have the nght to waive the plans and
spec1ficat:1ons reVIew for builders in Brookefield. Any such wwver shall not exempt swd
builder from any of the standards or restnct10ns artJ.culated m this Declaratlon and all
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structures and improvements shall meet all standards and restncttons contamed m these
declaratl ons
20040901002378.034
Sectton 14 11 Approval Procedures W1thm fourteen (14) days after the receipt of
plans and spec1ficattons, the Comrruttee shall approve or disapprove the proposed structure
The Committee may declme to approve plans and spec1f1cat1ons which, m its op1mon, do not
conform to restncttons articulated m this Declaration or to its aesthetic standards The
Comrruttee shall mdicate its approval or disapproval on one of the copies of the plans and
spec1ficattons provided by the applicant and shall return the plans and specifications to the
address shown on the plans and specif1cattons. In the event that no disapproval of such plans
and spec1ficattons 1s given withm fourteen (14) days of subm1ss10n, then the plans shall be
deemed to be approved. In any event, the Associatton shall hold the Comrruttee members
(and the Declarant) harmless from any acttons taken (or actions not taken) relattve to the
approval, disapproval, or non-act10n on any plans subrrutted for review "Non-actton" on the
part of the Coffiffilttee shall not exempt the applicant from any of the proV1s1ons of this
Declarat10n or the restncttons articulated herem By purchasmg a Lot rn Brookef1eld, the
Owners agree that, to the extent permitted by law, the Declarant shall have no hab1hty to the
Owners or the Assoc1at1on for any act10ns taken, or acttons not taken, while actmg as the
Comrruttee
Sectton 14 12 Comphance with Codes/Environmental Laws
(a) In all cases, ultimate respons1b1hty for satlsfymg all local bwldmg codes and
reqwrements rests with the Owner and contractor employed by the Owner The Comrruttee
has no respons1b1hty for ensunng that plans and spec1f1cattons which 1t reviews comply with
local bUJlding codes and reqwrements The Owner shall hold the Comrruttee members (and
Declarant) harmless m the event that a structure which the Comrruttee (or Declarant)
authonzes fails to comply with relevant bUJlding and zoning reqUJrements or these covenants
and restnctions contamed herem No person on the Coffiffilttee or acting on behalf of the
Comrruttee, nor the Declarant acttng as the Comrruttee, or anyone acttng on behalf of the
Declarant, shall be held responsible for any defect m any plans or spec1ficat1ons which are
approved by the Comrruttee or Declarant nor shall any member of the Comrmttee or any
person acttng on behalf of the Committee or Declarant be held responsible for any defect m a
structure which was bllllt pursuant to plans and spec1ficattons approved by the Comrruttee, or
by the Declarant
(b) Neither the Declarant, the Committee, nor any member of the ComID1ttee, nor
the Assoc1atton, nor anyone acttng on behalf of the Comrruttee or the Association shall have
any respons1b1hty for compliance by the Owner (or any agent, representative, guest, or mV!tee
of Owner) with any enV1ronmental laws, regulattons, or rules, mcluding, but not hrruted to,
those relating to hazardous waste and placement of underground 011 tanks
Sectton 14 13 Variation The ComID1ttee shall have the authonty to approve plans
and spec1ficat1ons which do not conform to these restrictions m order to (1 ) overcome
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practtcal d1fficult1es or (2) prevent undue hardship from being imposed on an Owner as a
result of applying these restncttons However, such vanations may only be approved in the
event that the vanation will not (1 ) detnmentally impact on the overall appearance of the
development, (2) impair the attractive development of the subd1v1S1on or (3) adversely affect
the character of nearby Lots. Granting such a vanation shall not constttute a waiver of the
restnctions articulated m this Declarat10n V anations shall only be granted if the Committee
determines that the vanation would further the purposes and mtent of these restnctions
V anat10ns shall only be granted m extraordinary circumstances
Sectton 14 14 Enforcement The Association (including the Declarant on behalf of
the Association), Board, or any Owner shall have the nght to bnng a smt for JUd!cial
enforcement of a deternunatton of the Comrmttee, or, after the Development Penod, to seek
an order requmng the Comrmttee to exercise its authonty, and perform its functions, under
this Article 14 In any Jud!cial actton to enforce a deterrmnatlon of the ComlD!ttee, the losing
party shall pay the prevailing party's attorney's fees, expert witness fees, and other costs
mcurred in connection with such a legal actton or appeal (see Arttcle 15, Sectton 5).
Section 14 15 Comrmttee/Declarant Liabihty The Association shall hold the
Committee Members and the Declarant, if acting as the Committee, harmless from any
actions taken (or actions not taken) under any provision of this Declaration, mclud!ng, but not
lumted to, actions taken (or not taken) under Articles 11, 12, and 13 of this Declaratton By
purchasing a Lot m Brookefield, the Owners agree that, to the extent pernutted by the law,
neither the Declatant (nor any officer, director, or representative of the Declarant), nor the
Comrmttee (nor any member of the ComID1ttee) shall have any hab1hty to the Owners or to
the Association for any acttons taken, or actions not taken, while actmg as the Declatant or the
Comrmttee under this Declaration
"Non-action" on the part of the Comrmttee or the Declarant shall not exempt the
apphcant from any of the prov1S1ons of this Declaration or rest11ct1ons contained m this
Declaration
ARTICLE15
CONDEMNATION
Section 15 1 Pama! Condemnation of Common Areas In the event of a partial
condemnation of the Common Areas, the proceeds shall be used to restore the remaining
Common Areas, and any balance remaining shall be distnbuted to the Associatton,
Sectton 15 .2 Enttre Condemnatwn of Common Areas In the event that the entire
Common Area 1s taken or condemned, or sold, or otherwise chsposed of m heu or in
avmdance thereof, the condemnation award shall be d!stnbuted to the Assoc1at1on
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No proceeds received by the Associallon as the result of any condemnation shall be
distnbuted to a Lot Owner or to any other party m derogation of the nghts of the first
mortgagee of any Lot
ARTICLE 16
MORTGAGEES' PROTECTION
20040901002378.036
Section 16 1 Mortagee Defm1t1ons. As used m this Declaratlon. (1 ) "mortgagee"
mcludes the benef1c1ary of a deed of trust, a secured party, or other holder of a secunty
mterest, (2) "foreclosure" mcludes a notice and sale proceeding pursuant to a deed of trust or
sale on default under a secunty agreement; and (3) "msl!tul!onal holder" means a mortgagee
winch 1s a bank or savmgs and loan associat10n or estabhshed mortgage company, or other
enl!ty chartered under federal or state laws, any corporal!on or msurance company, or any
federal or state agency;
Section 16 2 Pnor Approval Of Mortgagee Before Actton The pnor wntten
approval of at least Seventy-Five Percent (75%) of the first mortgagees (based on one vote for
each first Mortgage owned) of the mdiv1dual Lot shall be reqwred for any of the followmg
(a) Any matenal amendment to th!S Declaration or to the Arl!cles of Incorporation
or Bylaws of the Owners Assoc1at1on, mcluding, but not hID1ted to, any amendment which
would change the ownership mterests of the Owners m the proJect, change the pro-rata
mterest or obligation of any mdiv1dual Owner for the purpose of levymg assessments or
charges or for allocating distnbuttons of hazard msurance proceeds or condemnatton awards
(b) The effectual!on of any decision by the Owner's Assoc1atton to terID1nate
professional management and assume self-management (however, thlS shall not be deemed or
construed to require professional management)
(c) Parttt1onmg or subd1vidmg any Lot
(d) Any matenal amendment of this Declaration or to the Arl!cles of Incorporation or
Bylaws of the Assoc1atton
Sectlon 16 3 Further Rights of Mortgagees Each first mortgagee shall be entitled,
upon request, to:
(a) Inspect the books and records of the Associatton dunng normal busmess hours
(b) Reqwre the preparauon of at its expense, (1f preparation 1s reqwred), and
receive an annual audited financial statement of the AssoCiatlon for the 1mmechately
precechng fiscal year, except that such statement need not be furnished ear!Ier than mnety (90)
days followmg the end of such fiscal year
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( c) Receive wntten nonce of all meetmgs of the Owners Assoc1at1on and be
permitted to designate a representative to attend all such meeungs
Secuon 16 4 Miscellaneous Rights of Mortgagee First mortgagees of any Lot may,
Jomtly or smgly, pay taxes or other charges which are m default and which may or have
become a charge agamst the Common Areas, and may pay overdue premrnms on hazard·
msurance policies, or secure new hazard msurauce coverage on the lapse of a pohcy, for such
Common Areas, and the first mortgagees makmg such payments shall be owed immediate
reimbursement therefor from the Associat10n
ARTICLE17
GENERAL PROVISIONS
Sect1on 17.1 Covenants Runnmg with the Land These covenants are to run with the
land and be bmdmg on all parues and persons claimmg under them for a penod of twenty (20)
years from the date these covenants are recorded, after which t1me the covenants shall be
automaucally extended for successive penods of ten (10) years unless an mstrument signed by
a maJonty of the mchv1duals then ownmg Lots has been recorded which reflects their mtent to
amend, or remove the covenants m whole or m part •
Section 17 2 Amendment This Declarauon may be amended dunng the
development penod tf (a) the Dec!arant gives the Declarant's express wntten approval of the
amendment m wnt1ng, and (b) the Owners of at least fifty-one percent (51 %) of the Lots (one
vote per lot), mcludmg those owned by the Declarant, sign an mstrument (which may be
executed m counterparts) approvmg the amendment Tins Declaration may be amended after
the development penod ends at any tlme if the Owners of at least seventy-five percent (75%)
of the Lots vote (one vote per lot) to amend particular prov1S1ons of thts mstrument as then m
effect (mcludmg any pnor amendments) In no event shall any prov1s10ns expressly refemng
to the Declarant be amended at any ume without he express wntten approval of the Declarant
or the Declarant's successor m mterest (unless the Declarant, or the Declarant's successor m
mterest, no longer exists). All amendments must be recorded with the office of the Kmg
County Recording Officer Notw1thstandmg anythmg m tlus Declaratlon to the contrary,
Declarant may without the consent of any Owner, at any t1me dunng the development penod,
amend this Declaratlon by an mstrument signed by Declarant alone m order to satisfy the
requirements of the Federal Mortgage Agencies and/or other fmancial mstltuttons
Sectlon 17 3 Certain Rights of Declarant Dunng the development penod, there
shall be no amendments to the Declarat10n, the Articles of Incorporauon, the Bylaws of the
Associauon, or any Rules and Regulatlons adopted by the Assoc1at1on unless aproved by the
Declarant which
(a) D1scnmmate or tend to discnmmate against the Declarant's nghts as an
Owner,
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(b) Change Art:Icle 1 ("Defimt10ns") ma manner which alters Declarant's nghts or
status
(c) Alter the character and nghts of memebersh1p or the nghts of the Declarant
under this Declaration
(d) Alter prevtously recorded or wntten agreements with public or quas1-pubhc
agencies regardmg easements and nghts-of-way
(e) Alter Declarant's nghts relating to arclutectural controls
(f) Alter the basis for assessments
(g) Alter the proV1s1ons of the use restnctlons as set forth m this Declaration
(h) Alter the number or selecuon of Directors as established m the Bylaws
(1) Alter the Declarant's nghts as they appear under this Art:Icle
Section 17 4 Insurance The Association shall have no obligation to obtam any
msurance on the Lots or the structures located on the Lots except as expressly provided
herem.
Section 17.5 Enforcement The Association (mcludmg the Declarant on behalf of
the Association), the Board, or any Owner shall have the nght to enforce, by any legal
proceedmg, all reslrlctlons, conditions, covenants, reservations, hens and charges now or
hereafter imposed by the provts10ns of this Declarat10n
Section 17 6 Failure to Enforce No delay or onnss1on on the part of the Declarant,
the Association, or the Owners of Lots m exerc1smg any nghts, power, or remedy provided m
tins Declaration shall be construed as a waiver of or acqwescence m any breach of the
covenants, conditions, reservations, or restnct10ns set forth m the Declaration. No action shall
be brought or maintamed by anyone whatsoever against the Declarant for or on account of its
failure to bnng any act10n for any breach of these covenants, conditions, reservatmns, or
restrJctlons, or for 1mposmg restncllons which may be unenforceable.
Section 17 7 Attorney's Fees. In the event that 1t 1s necessary to seek the services of
any attorney m order to enforce any (1 ) provrs1ons of this Declaration, or (2) hen created
pursuant to the authonty of this Declaration, the mchv1dual against whom enforcement 1s
sought shall be personally obligated to pay any attorney's fees, costs or expenses mcuned If
the Owner fails to pay such fees withm sixty (60) days, such fees shall become a hen agamst
the Owner's Lot.
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In any legal actJ.on commenced m order to enforce the prov!Slons of this Declaratxon,
the substantxally prevailmg party shall be entitled to recover all expense, costs and reasonable
attorneys' fees mcludmg expert witness fees mcurred m order to enforce the provisions of this
Declaratlon.
Sectlon 17 8. Liens for Other Charges. TbIS Sectxon shall apply to all fees, charges,
penalties, mterest, costs, attorney's fees and other amounts assessed agamst an Owner or the
Owner's Lot (the "other charges") mcludmg those descnbed m Sections 3 and 4 of Article 7 of
this Declaratxon (the "regular assessments" and "special assessments") Unless otherwise
provided m this Declaratlon, the other charges shall be a personal obhgatxon of the Owner,
and also a hen against the Owner's Lot(s) 1den11cal to the hen of the regular assessments The
hens upon Lots for other charges may be recorded, collected and foreclosed m the same
manner as hens for regular assessments, with the costs (mclud.mg reasonable attorneys' fees)
of collection or foreclosure, or both, to be add1t10nal "other charges" for which the Owner
shall be personally hable and which shall be a hen on the Owner's Lot enforceable as proVlded
m this Section.
Section 17 9 Interest All assessments, penalties, hens, fines, and other charges shall
bear mterest, if not prud when due, at the rate of twelve percent (12%) per annum until paid m
full The mterest shall accrue from the due date.
Section 17 10 Successors and Assigns The covenants, restncuons and conditions
articulated m this Declaration shall run with the land and shall accordingly be bmchng on all
successors and assigns
Section 17 11. Severab1hty The mvahchty of any one or more phases, clauses,
sentences, paragraphs or sections herem shall not affect the remairung portions of tins
Declaration or any part thereof In the event that one or more of the phrases, clauses,
sentences, paragraphs or sections contamed herem should be mvalid, thIS Declarauon shall be
construed as If the mvahd phrase, clause, sentence, paragraph or section had not been mserted
IN WITNESS WHEREOF, the undersigned, bemg the Declarant herem, has caused
thIS Declaration to be executed tins 2d'f%/ of AU.@S,:: , 2004
"DECLARANT"
BROOKEFIELD Cc&Rs
Broohl'aeld Plat CC&R·s 061104 doc
Page37
20040901002378.040
STATEOFWASHINGTON )
) ss
County of P:terce )
On this day personally appeared before me GARY RACCA, to me known to be the Managmg
Member of SBI DEVELOPING, LLC, the Lnmted L1abtl1ty Company which executed the foregmng
mstrument, and acknowledged said instrument to be the L1m1ted Liab1hty Company's free and
voluntary act and deed for the uses and purposes therem ment10ned, and on oath stated that he was
authonzed to execute srud mstrument on behalf of the Lmnted L1ab1hty Company
GIVEN under my hand and official se
BROOKEFIEI.D CC&Rs
Brool:efield PlatCC&R's 061104 doe
Page38
EXHIBIT "A"
LEGAL DESCRIPTION
20040901002378.041
PARCEL A The North half of the Southeast quarter of the Northwest quarter of the
Northeast quarter of Secl1on 10, Township 23 North, Range 5 East of the Willamette Me1dian,
m King County, Washington
EXCEPT the West 30 feet thereof conveyed to Kmg County for Amelie Schewe Road Extn
By Deed recorded under Recording Number 3261892, and EXCEPT the South 160 feet of the
West 330 feet
PARCELB. The South 80 feet of the West 330 feet of the North half of the Southeast quarter
of the Northwest quarter of the Northeast quarter of Secllon 10, Township 23 North, Range 5
East of the Willamette Mendian, m King County, Waslungton
PARCEL C The North 80 feet of the South 160 feet of the West 330 feet of the North half of
the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 10,
Township 23 North, Range 5 East of the Willamette Mendian, in Kmg County, Washington
EXCEPT the West 30 feet thereof conveyed to King County for Amehe Shewe Road Extn
By Deed recorded under Recording Number 3261892
PARCEL D The North half of the South half of the Southeast quarter of the Northwest
quarter of the Northeast quarter of Secllon 10, Township 23 North, Range 5 East of the
Willamette Mendian, in Kmg County, Washington
EXCEPT the West 30 feet thereof conveyed to Kmg County for Amelie Shewe RoadExm
By Deed recorded under Recording Number 3261892
Also descnbed as
Lots 1 through 47 and Tract A, of Brookef1e!d, as recorded under King County Recorder's
File No .;io o :Y O ?o/ OD..?:? 7 7
BROOKEF1ELD CC&Rs
Brookefielcl Plat CC&R's 061104 doc
Page39
BY-LAWS
OF
BROOKEFIELD HOMEOWNERS' ASSOCIATION
A WASHINGTON NON-PROFIT CORPORATION
ARTICLE I
1 1 Registered Office -Locat10n. The location post off.tee address of the
registered office of the corporation shall be: 12815 Canyon Road, Puyallup, Washington
98375
ARTICLE II
20040901002378.042
2.1 Annual Meetmg The annual meettng of the members of the corporation for
the elect10n of directors to succeed those whose terms exprre, and for the transaction of such
other busmess as may properly come before the meeting, shall be held each year at the
registered office of the corporation, on the date and at the time heremafter spec1f1ed, 1f not a
legal holiday, and tf a legal hohday, then on the next day at the same time of the day The
day and time for said annual meeting shall be The first Tuesday after the second Monday of
each September at 4·00 p.m
2 2 Special Meetmgs Special meetings of the members for any purpose or
purposes may be called at any time by the Board of drrectors to be held at such time and
place as the said Board of Directors may prescnbe
At any time, upon the request of any director, or of members holdmg m the aggregate
one-thud (1/3) of the voting power of all members, 1t shall be the duty of the President to call
a special meeting of the members to be held at such time as said President may fix, not less
than fourteen (14) nor more than thirty-five (35) days after the receipt of srud request, and 1f
the President shall neglect or refuse to issue such call, the duector or members making the
request may do so.
2 3 Notice of Meetings No notice of the annual membership meetmg shall be
required. Persons authonzed to call special meetmgs shall cause wntten notice of the time,
place, and purpose of the meetmgs to be given all members of record entitled to vote at such
meetmg, at least fourteen (14) days but not more than sixty (60) days pnor to the day named
for the meeting. Any notice may be dehvered either personally or by Umted States Mad,
Fust Class, postage preprud. Dehvery by mail shall be deemed made twenty-four (24) hours
after havmg been deposited m the United &ates mail For purposes of notice to members
under thJS prov1S1on of the By-Laws, the Pierce County Property Tax Records may be rehed
upon as conclusive evidence of the name and address of the members of the corporation
unless a member has spec1fically notified the corporatton m wnttng of a name and address
for the true owner of a lot other than as shown on the assessor's tax rolls.
2 4 Ad10umed Meetings An adJournment or adJournments of any membership
meeting may be taken to such time and place as those present may determme without new
notice bemg given, whether by reason of the failure of a quorum to attend or otherwise, but
20040901002378.043
any meetmg at which directors are to be elected shall be adjourned only from day to day unlll
such &rectors are elected, and m the case of any meellng which is adjourned because of the
failure of a quorum to attend, those who attend the second of such adjourned meetmg,
although less than a quorum, shall nevertheless conslltute a quorum for the purposes of
electing dJrectors
2 5 Quorum A quorum at any meeting of the members of the Association, whether
11 be a regular annual meeting or a special meeting, thirty-five percent (35%) of the total
ehg1ble votes.
ARTICLE III
BOARD OF DIRECTORS
3 1 Number and Oual1ficat10ns The busmess affairs and property of the corporation
shall be managed by a board composed of not less than one (1) and not more than five (5)
directors, the imtial board to be composed of one dJrector and to be changed from time to
lime as may be deemed necessary by the said board itself, or by the members m meellng
assembled, to best meet the needs of the corporation The dJrectors so elected need not be
members m the corporal!on.
3 2 Electrnn -Term of Office Except as set forth m the Declaral!on recorded under
Kmg County Recordmg No. , the chrectors shall be
elected by the members at each annual membership meeting, to hold office uni!! the next
annual membership meeting and until the!f respecttve successors shall be elected and
qualified In the event of the failure to hold an elecl.ion of directors at any annual
membership meel.ing, or m the event of failure to hold any annual membership meetmg as
provided by these By-Laws, elec!.ion of dJrectors may be held at a special meetmg of the
members called for that purpose
3 3 Vacancies Except as otherwise proV!ded by Jaw, vacancies m the Board of
Directors, whether caused by resignation, death, or otherwise, may be filled by a majonty of
the remammg chrectors attending any meetmg of the Board of Directors (even though less
than a quorum 1s present) 1f ndllce shall have been given to all the remaimng directors that
such vacancy would be filled at the meetrng A director thus elected to fill any vacancy shall
hold office for the unexpired term of his predecessors, and unlll his successor 1s elected and
qualified A dec1S1on by the djrectors to increase the membership of the Board as above
proV!ded m Section I of the Article shall be implemented m this same manner as 1f there were
a vacancy on t!;e board
3.4 Annual Meetmg. The flfst meeting of each newly elected Board of Directors
shall be known as the annual meetmg thereof, and shall be held 1mmedtately after the annual
membership meetmg or any special membership meetmg at which a Board of Directors 1s
elected Srud meetmg shall be held at the same place as such membership meetmg unless
some other place shall be spec1f1ed by resolutlon of the members
3 5 Regular Mee!.ings Regular meetmgs of the Boaid of Directors shall be held at
such place and on such day and hour as shall from lime to lime be fixed by the board.
20040901002378.044
3.6 Special Meetmgs. Special Meetmgs of the Board of Directors may be held at any
place at any time whenever called by the President, Vice President, Secretary or Treasurer, or
any two or more dJrectors
3 7 Notice of Meetmgs No notice of the annual meetmg of the Board of Directors
shall be reqmred Not1ce of the tlme and place of all meetlngs of the Board of Directors other
than the annual meetmgs shall be given by the Secretary, or by the person callmg the
meetmg, by mail, radJo, facs1m1le, or by personal commumcatlon over the telephone or
otherwise, at least three (3) days pnor to the day upon which the meetlng ts to be held,
PROVIDED, that no notice of any regular meetlng need be given, 1f the tlme and place
thereof shall have been fixed by resolution of the Board of DIIectors and a copy of such
resolut1on of the Board of Directors mailed to every director at least three (3) days before the
first meetmg held m pursuance thereof
Notice of any meetlng of the Board of D1Iectors need not be given to any dJrector 1f
he 1s present at such meetmg or tf it be waived by him m wntlng or by facsurule, whether
before or after such meeting ts held, and any meeting of the Board shall be a legal meetlng
without any notice thereof havmg been given, tf all of the dJrectors are either present thereat
or waive notlce thereof
3 8 Quorum A maJonty of the whole Board of DIIectors shall constttute a quorum
of the Board of Directors at any regular or special meetlng thereof and a maJonty of a
quorum may take any actton authonzed by these By-Laws, except amendment of the By-
Laws or Articles of Incorporation which shall be approved as proV!ded m Article IX
ARTICLE IV
OFFICERS
4.1 Officers enumerated -Election The officers of the corporatton shall be a
President, a Vice-President, a Secretary and a Treasurer, all of whom shall be elected by the
Board of Directors at the annual meetmg thereof, to hold offtce for the term of one (1) year
and unttl their successors are elected Any of the above named offices, except President, may
be combmed and held by a smgle person Any addlttonal officers that are deemed necessary
to the efficient operatlon of the corporation may be designated as V1ce-Pres1dent
4 2 Ouahficattons None of the officers of the corporation except the President need
necessanly be a director.
4 3 President. The President must be a dJrector of the corporation He shall exercise
the usual executtve powers pertainmg to the office of President He shall preside at meetlngs
of the Board of Directors and of the members and perform such other dutJes as the Board of
Directors may from ttme to time designate
4 4 Vice-President. In the absence or disab1hty of the President, the V1ce-Pres1dent
may act as President and shall perform such other duttes as the dtrectors may from time to
time designate.
20040901002378.045
4 5 Secretazy It shall be the duty of the Secretary to record the proceedmgs of the
directors and members, when requested by the President to do so, to sign and execute with
the President all deeds, bonds, contracts and other obhgatlons or mstruments m the name of
the Association; to keep the corporate seal and afftx the same to certificates and other
documents, and to perform such other duties as the Board of Directors may from time 'to time
designate.
4.6 Treasurer. The Treasurer shall have the care and custody, and be responsible for,
all funds and secuntles of the corporat10n, and shall cause to be kept regular books of
account He shall cause to be deposited all funds and other valuable effects m the name of
the corporation ID such depos1tones as may be designated by the Board of Directors. In
general, he shall perform all of the duties mc1dent to the office of Treasurer, and such other
duties as from nme to time may be assigned to 1nm by the Board of Directors
4.7 Vacancies. Vacancies many office ans1Dg from any cause, 111clud1Dg the
mcreasmg of the number of the Board of Directors, may be filled by the Board of Directors at
any regular or special meetmg
4.8 Other Officers and Agents The Board of Directors may appomt such other
officers and agents as it shall deem necessary or expedient, who shall hold their office for
such terms, and shall exercise such powers and perform such dunes, as shall be detennmed
from nme to time by the Board
4 9 Salanes. Although officers and directors of the corporation may be reimbursed
for their actual expenses mcurred m the performance of their dunes, they shall serve without
compensanon for any service they may render to the Association
ARTICLEV
l'vlEMBERSHIP
5.1 Membershrn ID the Association. Membership m the Association 1s appurtenant to
ownerslnp of a lot m Brookef1eld, as recorded under Kmg County Recording No
Membership may not be transferred except by the transfer,
conveyance or sale of any such Lot and further memberslnp, must be transferred appurtenant
to any such Lot transferred, conveyed or sold No certificate of membership shall be issued
ARTICLE VI
BOOKS AND RECORDS
6 1 Records of Corporate Meetrngs The Corporanon shall keep at its registered
office complete records of all the proceedmgs of the Board of Directors and of Memberslnp
meenngs
6.2 Copies of Resolutions Any person deahng with the corporation may rely upon a
copy of any of the records of the proceedings, resolutions, or votes of the Board of Directors
of members, when certified by the President or Secretary
20040901002378.046
6 3 Books of Account. The corporation shall keep appropnate and complete books
of account
year.
ARTICLE VII
FISCAL YEAR
7.1 Fiscal Year The Fiscal Year of the cotporatlon shall end December 31st each
ARTICIB VIII
INDEMNIFICATION
8 1 Indemruflcatlon of DJTectors and Officers Each DJTector or Officer now or
hereafter servmg the cotporatlon, and each person who at the request of or on behalf of the
coiporatmn 1s now servmg or hereafter serves as a D1rector or Officer of any other related
corporation, and the respective hem, executors, and admtmstrators of each of them, shall be
mdemrufied by the cotporatmn agamst all costs, expenses, Judgments and habthties,
mcludmg attorney's fees reasonably mcurred by or imposed upon him m connection with or
result:mg from any action, suit, or proceedmg (c1vtl or cnmmal) m which he is or may be
made a party by reason of hts bemg or havmg been such Dtrector or Officer or by reason of
any act10n alleged to have been taken or omitted by him as such D1rector or Officer, whether
or not he 1s a Director of Officer at the tlme of mcumng such costs, expenses, Judgments and
hablhties, except m relatlon to matters as to whtch he shall be finally adJudged, without nght
of further appeal m such action, smt or proceedmg, to have been hable for willful rrusconduct
m the performance of his duty as such D1rcctor or Officer.
ARTICIEIX
AMENDMENT OF BY-LAWS
9 1 By the Members These By-Laws and the Arllcles of Incotporat1on of the
Assoctatlon may be amended, modified or repealed at any annual meetmg of the Board
without notlce m advance or at any special meetmg of the Board 1f notice of the proposed
alteration or amendment is contained m the notice of the meeting
ARTICLEX
RULES
10.1 Rules of Order The rules contamed m the most recent edition of Robert's
Rules of Order (Revised) shall govern all meetings of members and directors where those
rules are not mcons1stent with the Articles of Incotporatlon, these By-Laws, or special rules
of order of the Association
ARTICIEXI
MANAGEMENT PROPERTY AND ASSESSMENTS
11 1 The Board of Directors shall be empowered to estabhsh reasonable rules and
regulahons for the use and management of the property of the Associatlon The Board of
,. .
20040901002378.047
Drrectors shall have the power to determme such reasonable assessments necessary for
carrymg out the purposes of the Assoc,atton and may exercise on behalf of the Assoc1ation
the power thereto granted with respect to dues, assessments or other charges and the
assessment of hens all as provided under the Declaration recorded under Kmg County
Recordmg No The Board of Directors shall be
responsible to see that property 1Iab11Ity msurance protecting the Assoc1ation and 1ts members
as may be reasonably available 1s procured and maintained with respect to the property and
activities of the Association
The foregomg By-Laws were adopted by consent of the members as the By-Laws of
the AssOCiatJon this day of , 2004.
ATIEST:
ua~ ~"~~~i"l -~~~v~
~h•r•i• include<' wi'
· • .&.96,VVJ.. .1Ja3 \..l.'!S, caMJ ya.a.· 11n1.1,,· r . w .a. .&. WJ,1,&G11 . .r..u. .. .ut5 ... 1.1,a ..,.,,..., •
sd r• allthe furniture .g ~1 tp now in house
ont.b.epr.aa
---sr file 3175609•--good and suttici.nt --d••d--
Hil,da K Briokaoa
.iuaa C Geis•r
Mrs J Geiser
(W.ldr,d)
k01t Jul 13 42 by Hilde X. Kriokuon a wi4ow anciJam.es o Geiser and
Mildred.Geiser bf P V&!oltinlay npYlnr.•sat a(NS!l'•b 2; 43) ml sp 284-2 W
.c.•va4a at oi ty --+++
D Sept l 4.2 t . ,, . ,.
1
..
~e.9t l 42 <tl and benefits ., .. ,
Grace Bo~ .. _ Kn y r-; ,I,,_..;~
to Oountyot :King,StateotWashington
fp 07 rel and qo to ap--ae8S4-abT as 110ior.m.--
Thd' 30.ct; ot the SBi; of the NW; of thaNEt of sec 10 T. 2J NR
5 RIil, oontg 0.4,; acre Ill, R/W J.m.elia liu bohwe Ltoed Extn. tsw--Graoe ilenisg-H n \" n '.I ~
kow Sept 1 4,2 by Grace Horningbt a NO Anderson npWnresats(NSOot 30 44
m.lap .-+-/ ~ A: 2~·:~ l /+2 //i , t-8 .. !}--~----,,Z0l89J /
The underaiga.ed L , /
to Ra.ta•l• 'Lo:Pr!ore and>1•xlr11 .Annie Lo&iore,mt ·
'l'h• undersigned rels, satsalld dis mtge dtd Lleo1. 37, axe bf spto
Pasqual• Pioardo tor;,1600 r@cin t.b.eoto aud .itow D•ol :;',file 2975630
1nvol 1471 Mp 357, with debt thby asa
Anthony Picardo
Kxeoutor of tb.eestate ot
Pasquale Picardo
kow Aug 27 42 by Anthony Picardo exr of theast of Paaquale Picardo
bf G~orbe R Gordon n~lll'@sets(NS o.m.ittedd)
.mlJam~BGordon &Sons uCl7 Airport nay
dno
++++
Branch :PNK,User :ODBI
'
KING,WA
Order: 674497 Title Otticer: IL Comrr-·-· JHC
AFTER RECORDING MAIL TO,
FIRST SAVINGS BANK OF RENTON
PO BOX 360
RENTON WA 98057
20060829001689. 001
_______ [Space Above This Line For Recording U11taJ __ -------
LN 119 01 112122 00 L~lii~l('rl:di°EED OF TRUST l_p2_\ S,30)-i
LOTS 28-29, BROOl{EFIELD, VOL. 223, PGS. 25-2B
Additional legal(s) on page-~'--
Assessor's Tax Parcel ID#:
113740-0260-07 ANO 11)740-0290-05
Adclitionlll ID#(::) on page----
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are
defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used
in this dor;ument ire also provided in Section 16.
{A) "Security J_nstrumenC means this document, which is dated _/\UGUST 23
~ ,together with all Riders to this document.
(B) "Borrower" is
JQHN L SMITH , A SINGLE PERSON
Borrower is the truster under this Security Instrument.
(C) "Lender" is FIRST SAVINGS BANK OF RENTON
Lender is a CORPORATION organized and exii;ling under the laws of
THE STATE Of WASHINGTON .. Lender's address is
2Ql ~ELLS AVENUE S0U'l'H PO BOX 360, RENTON WA 98057
Lender is the beneficiary under this Security Instrument.
(D) "Trustee" is FIRST FINANCIAL DIVERSIFIED CORPORATI,DI,, ______ _
20B WILLI.AMS AVENUE SOU'TH, PO BOX 358, RENTON WA :iaos·,~------
(E) "Note" means the promissory note signed by Borrower nnd dawd AUGUST 23
...l.QQ§__. The Note states that Borrower owes Lender ____ -----~--
THREE HUNDRED THOUSAND AND N0/100 -· Dollars
(U.S. $ Joo opo. oo ) plus interest. Borrower bas promised to pay tltls debt in regular
Periodic Payments and to pay the debt in full not later than ~!'!BER 1, 2016 .
(F) "Property" means the property that is described below under the heading "Transfer of
Rights in the Property."
(G) "Loan~' means the debt evidenced by the Note, plus interest, a11y prepayment charges
and late charges due under the Note, and all sums due undm· this Ser.urity Instrument, plus
interest.
(H) "Riders" means all Riders to this Security Instrument tluit are ux:ecuted by Borrower.
The following Riders are to be executed by Borrower [check box: as applicable]:
Adjustable Rate Rider
B.Jloon Rider
1-4 F IIJilily Rider
D Condominium Rider
D Planned Unit Development Rider
D Biweek!.y Payment Rider
WASBlNGfON-Single Flimily-fumle M~e/Freddie MllC UNIFORM INSTRUMY.rn
D 1-icoond Home Rider
D ( llhcr{s) [specify]
Fon"J048 1/01 (pag,Jo[J3pal{e.,) lloi,11 1179(tt2-10-2DD2)FPSIOJO-l
.:':ILUUUII lU ;1 J. UJ
Page I of15 Printed on 4/16/2008 10:09:34 AM
Document; TDD 2006,0829001689
WV 9£'60'0! 8002:/91/t, uo pa1up
ll006l80"900l QQJ. :1uarunooa
VM'DNDI
(I) Applicable Law" means all controlling applicable federal, state and local statutes,
r ulations, ordinances and administrative rules and orders (that have the effect oflaw) as
ell as all applicable final, non-appealable judicial opinions.
(J) "Community Association Dues, Fees, :md Assessments" means all dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a
condominium association, homeowners association or simliar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, which is initiated through an electronic
terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or
authorize a financial institution to debit or credit an account. Such term includes, but is not
limited to, point-of-sale transfers, automated teller machine transactioos, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that arc described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds ~aid by any third party ( other than insurance proceeds paid under the coverages
described in Section 5) for; (i) damage to, or destruction of, the Property; (ii) condemnation
or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or
(iv) misrepresentations of; or omissions as to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,
or default on, the Loan.
(0) "Periodic. Payment" means the regularly scheduled amount due for (i) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESP A" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.)
and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be
amended from time to time, or any additional or successor legislation or regulation that
governs the same subject matter. As used in this Security Instrument, "RESP A" refers to all
requirements and restrictions that are imposed in regard to a "federally related mortgage loan"
even if the Loan does not qualify as a "federally related mortgage loan" under RESP A
(Q) "Successor in Interest of Borrow~r" means any party that has taken title to the
Property, whether or not that party bas assumed Borrower's obligations under the Note
and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; and (ii) the performance of Borrower's covenants
and agreements under this Security Instrument and the Note. For this pW'pose, Borrower
irrevocably grants and conveys to Trustee, in trust, with power of sale, the following
described property located in the COUNTY of KING ·
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
LOTS 28 AND 29, BROOKEFIELD, ACCORDING TO THE PLA.T THERE:OF
RECORDED IN VOLUME: 223 OF PLATS, PAGES 25 THROUGH 2S,
INCLUSIVE, IN KING COUNTY, WASHING70N.
which currently has the address of-"1,.o,e.3e_O ~H,.,o"'o~o.cIAe,M,,__,Ac,V.eE~Ne,E~~~--------
[Street]
RENTON , Washington 98059 ("Property Address''):
(City] [Zip Code]
WASHINGTON-Single. E'arni1y-F111ude M11e/Freddl• Mu UNIFORJ\1 lNSTRUMF.NT
Fonn3048 1101 (Jxlgi,1of1Jpogu) ThJclf 8791 (~-4-.t00l)FPSJ03D-l
Z00-5891 006Z:B0900Z
.1mnn'1 7T 'T:Y'llllll ;'.'.!TlJ T / hf717/ Q :JQ,OJn rnao: JOS[l')!Nd' qouu19
Branch :PNK,User :ODB 1
KING,WA
Order: 674497 Title Officer: 12 Comm,··· JHC
20060829001689.003
TOGETHER WITH all the improvements now or hereafter erected on the property,
and all easements, appurtenances, and fixtures now or hereafter a parl of the property. All
replacim1ents and additions shall also be covered by this Security lm;trument. All of the
foregoing is referred to in this Security Instrument as the "Property.''
BORROWER COVENANTS that Borrower is lawfully seizE'.tl of the estate hereby
conveyed and has the right to grant and convey the Property and that the Property is
unencumbered, except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against aJI claims and demands, subject to any encumbrances
of record.
nus SECURITY INSTRUN.IENT combines unifonn covenants for national use
and non-uniform covenants with limited variations by jurisdiction to constitute a uniform
security instrument covering real property.
UNIFORM COVENA.NTS. Borrower and Lender covenant 1md agree as follows:
1, Payment of:Pl'incipal, Interest1 Escrow Items, Prepayment Charges, and Late .
Charges. Borrower shall pay when due the principal o( and interest on, the debt evidenced
by the Note and any prepayment charges and late charges dt1e under !he Note. Borrower
shall also pay funds for Escrow Items pursuant to Section 3. Paymenrn due under the Note
and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Sceurity Instrument is
returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of tht~ following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
check or cashier's check, provided any such check is drawn upon un institution whose
deposits are insured by a federal agenL-)', instrumentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received at the location designated in
the Note or at such other location as may be designated by Lender in accordance with the
notice provisions in Section 15. Lender may return any payment or partial payment if the
payment or partial payments are insufficient to bring the Loan current. Lender may accept
any payment or partial payment insufficient to bring the Loan current, without waiver of any
rights hereunder or prejudice to its rights to refuse such payment or pmtial payments in the
future, but Lender is not obligated to apply such payments at the timu such payments are
accepted. If each Periodic Payment is applied as ofits scheduled due date, then Lender need
not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower
makes payment to.bring the Loan current. If Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not
applied earlier, such funds will be applied to the outstanding principal bulance under the Note
immediately prior to foreclosure. No offset or claim which Borrower might have now or in
the future against Lender shall. relieve Borrower from making payment~ due under the Note
and this Security Instrument or performing the covenants and agreements secured by this
Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this
Section 2, all payments accepted and applied by Lender shall be applied in the following order
of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due
under Section 3. Such payments shall be applied to each Periodic Payment in the order in
which it became due. Mj remaining amounts shall be applied first to la1e charges, second to
any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
lfLender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding,
Lender may apply any payment received from Borrower to the rerayinent of the Periodic
Payments if, e.nd to the extent that, each payment can be paid in ful . To the extent that any
excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntmy prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or M iscellnneous Proceeds to
principal due under the Note shall not extend or postpone the due date, t1r change the amount,.
of the Periodic Payments.
3. Funds for Escrow Hems. Borrower shall pay to Lender on the day Periodic
Payments are due under the Note, until the Note is paid in full, a s11m (the ''Funds") to
provide for .Payment of amounts due for: (a) taxes and assessments and other items which can
attain prionty over this Security Instrument as a lien or encumbrance on the Property; (b)
leasehold payments or ground rents on the Property, jf any; (c) premiums for any and af!
WASHlNGTON-Singla Faml1y-Faunle Ma./Fr~ddlt M~< UNIFORM INSTRUMEN'r
Fonn.3043 1/(11 (pop 3 of JJ pog~) IJnc fl S "192 (4-4-2001) FPS KJJD-3
Stat10n Jct :ITUJ
Page 3 of 15 Printed on 4/16/2008 10:09:38 AM
Document: TDD 2006.0829001689
WV JP:60:01 800l/91/1' uo PO\UPd
insurance required by Lender under Section 5; and ( d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance
premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." A1 origination or at any time during the term of the Loan, Lender may require that
Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and
such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the
Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any
or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for
any or alt Escrow Items at any time. Any such waiver may only be in writing. In the event of
such waiver, Borrower shall pay directly, whe11 and where payable, the amounts due for any
Escrow Items for which payment of Funds has been waived by Lender and, ifLender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender
may require. Borrower's obligation to make such payments and to provide receipts shall for
alt purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase "covenant and agreement" is used in Section 9. IfBorrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an
Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such amount,
Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit
Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the
maximum amount a lender can require under RESP A Lender shall estimate the a.mount of
Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal
agency, instrumentality, or eatity (including Lender, if Lender is an institution whose deposits
are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Items no later than the time specified under RESPA. Lender shall not charge
Borrower for holding and applying the Funds, annually analyzing.the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and
Ap,Plicable Law permits Lender to make such a charge. Unless an agreement is made in
wntiog iar Applicable Law requires interest to be paid on the Funds, Lender shall not be
required to pay Borrower any mterest or earnings on the Funds. Borrower and Lender can
agree in writing, however, that interest shall be paid on the Funds. Lender shall give to
Borrower, without charge, an annual accounting of the Funds as required by RESPA
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to Borrower for the excess funds in accordance with RESP A. If there is a shortage
of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required
by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage
in accordance with RESPA, but in no more than 12 monthly payments. Ifthereisadeficiency
of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required
by R.ESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESP A, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security [nstrument, Lender shall
promptly refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay aJl taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security
Instrument. leasehold payments or ground rents on the Property, if any, and Community
Association Dues, Fees, and Assessments, if any. To the extent that these ite.ms are Escrow
Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by
the lien in a manner acceptable to Lender, but only so long as Borrower is performing such
agreement; (b) contests the lien in good faith by, or defends agIDnst enforcement of the lien in,
legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien
while those proceedings are pending, but only until such proceedings are concluded; or (c)
secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien
to this Security [nstrument. If Lender determines that any part of the Property is subject to a
lien which can attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower
shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax
verification and/or reporting service used by Lender in connection with this Loan.
WASHlNGTON-Single PNDi\y-F•md~ Mll~die Mac UNIFORM INSTRUMENT
Fonu.3048 1/01 (pag~4ef/3pag~ Doc# 8793 (4-4-20D1}Fl'SK330-4
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Branch :PNK,User :ODB 1
KING,WA
Order: 674497 Title Officer: 12 Comme-•-JHC
20060829001689.005
5, Property Insurance. Borrower shall keep the improvements now existing or
hereafter erected on the Property insured against loss by fire, hazards included within the term
"extended coverage," and any other hazards including, but not lirnitei.1 to, earthquakes and
floods, for which Lender requires insurance. This insurance shall he maintained in the
amounts (including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding sentences can change during the krm of the Loan The
insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be e;,wrcised unreasonably.
Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time
charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone determination and certification services and sub.~equent charges each
time remap pings or similar changes occur which reasonably might aff'ect such determination
or certification. Borrower shall also be responsible for the payment of any fees imposed by
the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Lender is under no
obligation to purchase any particular type or amount of coverage. Therefore, such coverage
shall cover Lender, but might or might not protect Borrower, Bonower's equity in the
Property, or the contents of the Property, against any risk, hazard m liability and might
provide greater or lesser coverage than was previously in effect. Borrower acknowledges
that the cost of the insurance coverage so obtained might significantly ~d ihe cost of
insurance that Borrower could have obtained. Ariy amounts disbursed by Lender under this
Section 5 shall become additional debt of Borrower secured by this Security Instrument.
These amounts shall bear interest at the Note rate from the date of disb11rsement and shall be
payable, with such interest, upon notice from Lender to Borrower reC]uesting payment
All insurance policies required by Lender and renewals of such policies shall be subject
to Lender's right to disapprove such policies, shall include a standard mortgage clause, and
shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the
right to hold the policies and renewal certificates. If Lender reC]uires, Borrower shall
promptly give to Lender all receipts 0f paid premiums and renewal 11otices. If Borrower
obtains any fonn of insurance coverage, not otherwise required by Lender, for damage to, or
destruction ot; the Property, such policy shall include a standard mortgage clause e.nd shall
name Lender as mortgagee and/or as an additional loss payee.
Ih the event of loss, Borrower shall give prompt notici., to the Insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender
and Borrower otherwise agree in writing,. any insurance proceeds, whether or not the
underlying insurance was required by Lender, shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not
lessened. During such repair and restoration period, Lender shall have the right to hold such
insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction,. provided that such inspection shall be
undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single
payment or in a series of progress payments as the work is completed. l.lnlessanagreernentis
made in writing or Applicable Law requires interest to be paid on sucl1 insurance proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees
for public adjusters, or other third parties, retained by Borrower shall not be paid out of the
insurance proceeds and shall be the sole obligation ofBorrowcr. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the im:urance proceeds shall
be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order
provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate und settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice
from Lender that the insurance carrier has offered to settle e. claim, then Lender may negotiate
and settle the claim. The 30·day period will begin when the notice is given. Jn either event,
or if Lender acquires the Property under Section 22 or otherwise, Borrnwer hereby assigns to
Lender (a) Borrower's rights to any insurance proceeds in an amou 11t not to exceed the
amounts unpaid under the Note or this Security Instrument, and (b) any other ofBorrower's
rights ( other than the right to any refund of unearned premiums paid by Borrower) under all
insurance policies covering the Property, insofar as suchrightll arc applicable to the coverage
of the Property. Lender may use the insurance proceeds either to repair or restore the
Property orto pay amounts unpaid tu1der the Note or this Security Instn1ment, whether or not
then due.
6, Occupancy. Borrower shall occupy, establish, and use the Property as
Borrower's principal residence within 60 days after the execution of this Securitylostrwnent
and shall continue to occupy the Property as Borrower's principal resi1lence for at least one
WAOONGTON..Singlel'amily-Fa~ l',:(ae/Fredd~ Ma~ UNIFORM JNSTRUMF.NT
Fornt304S t/Ol /p,:,g,<5of13poge,) 1lt1cH 8"194 (4-4-:l:001)FFSKJ30-5
:::,rnuon w :11 UJ
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Document: TDD 2006.0829001689
WV ,v:60:01 800l/9!/t uo po1uuc1
year after the date of occupancy, unless Lender otherwise agrees in writing, wblch consent
shall not be unreasonably withheld, or unless extenuating circumstances exist which are
beyond Borrower's control.
7. Preservation, Maintenance and Protection of tbe Property; Inspections.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate
or commit waste on the Property. Whether or not Borrower is residing in the Property,
Borrower shall maintain the Property in order to prevent the Property from deteriorating or
decreasing in value due to its condition. C nless it is determined pw-suant to Section 5 that
repaJr or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged ta avoid further deterioration or damage. If insurance or condemnation proceeds
are paid in connection with damage to, or the taking of, the Property, Borrower shall be
responsible for repairing or restoring the Property only if Lender has released proceeds for
such purposes. Lender may disburse proceeds for the repairs and restoration in a single
payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not
relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property.
If it has reasonable cause, Lender may inspect the interior of the improvements on the
Property. Lender shall give Borrower notice at the time of or prior to such an interior
inspection specifying such reasonable cause.
8. Borrower's Loan Applicatioa. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the cLirection of Borrower
or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate
information or statements to Lender ( or fai:ed to provide Lender with material infonnation) in
connection with the Loan. lv1aterial representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9, Protection of Lender's Interest in the Property and Rights Under this
Security Instrument. If (a) Borrower fails to perform the covenants and agreements
contained in this Security Instrument, (b) there is a legal proceeding that might significantly
affect Lender's interest in the Property and/or rights under this Security Instrument (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien
which may attain priority over this Security Instrument or to enforce laws or regulations), or
(c) Borrower bas abandoned the Property, then Lender may do and pay for whatever is
reasona];,.le or appropriate to protect Lender's interest in the Property and rights Wlder this
Security Instrument, including protecting and/or assessing the value of the Property, and
securing and/or repairing the Property. Lender's actions can include, but are not limited to:
(a) paying any sums secured by a lien which has priority over this Security Instrument;
(b) appearing in court; and ( c) paying reasonable attorneys' fees to protect its interest in the
Property and/or rights under this Security Instrument, including its secured position in a
bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the
Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate builcLing or other code violations or dangerous conditions, and have
utilities turned on or off. Although Lender may take action under this Section 9, Lender does
not have to do so and is not under any du-:y or obligation to do so. It is agreed that Lender
incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note
rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the
fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition
of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage
Insurance in effect. If, for any reason, the Mortgage Lnsurance coverage required by Lender
ceases to be available from the mortgage insurer that previously provided such insurance and
Borrower was required to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an
alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance
coverage is not available, Borrower shall continue to pay to Lender the amount of the
separately designated payments that were due when the insurance coverage ceased to be in
effect Lender will accept, use and retain these payments as a non-refundable loss reserve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the
fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower
WASlIINGTON-Si11glo Family-Faruil.e Mae/Fnddic Mnc UNIFORM INSTRUMENT
fonn31MS 1/01 W<'f~6efl3pog-,J Do~# 8795 {4-4·:ZODl)FPSKJJD..6
900"689 ~006ZB0900l
r~nnn.-.. 71 "1"1"\TTT/'"\ 311Tf /£4,,-1-,,JQ :.J~nJ/1
?l006Z80'900Z GGl :1uownooa
VM'QNI)[
THO()'. 1osn')!NJ'. qoUBlf!
Branch :PNK,User :ODB 1
KING,WA
Order: 674497 Title Officer: 12 Comm" ·. JHC
20060829001689.007
any interest or earnings on such loss reserve. Lender can no longer require loss reserve
payments if Mortgage Insurance coverage (in the amount and for the period that Lender
requires) provided by an insurer selected by Lender again becomes available, is obtained, and
Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and
Borrower was required to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage
Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for
Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law.
Nothing in thls Section 10 affects Borrower's obligation to pay interest at the rate provided in
the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for
certain losses it may incur if Borrower does not repay the Lo.in as agrelid. Borrower is not a
party to the Mqrtgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to
time, and may enter into agreements with other parties that share or modify their risk, or
reduce losses. These agreements are on terms and conditions that are satisfactory to the
mortgage insurer and the other party ( or parties) to these agreements. These agreements may
require the mortgage insurer to make payments using any source of funds that the mortgage
insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a rerult of these agreements, Lender, any purchaser of the Note, another insurer,
any reinsurer, any other entity, or any affiliate of any of the foregoing, me.y rec.eive (directly or
indirectly) amounts that derive from (or Mght be characterized as) a portion of Borrower's
payments for Mortga~e Insurao.ce, m exchange for sharing or modifying the mo~gage
msurer's risk, or reducing losses, 1f such agreement provides that an amliate ofLender takes
a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the
arrangement is often termed "captive reinsurance." Further:
{a) Any such agreements will not affect the amounts that Uorrower has agreed
to pay for Mortgage Insuranee, or any other terms of the Loan. Such agreements will
not increase the amount Borrower will owe for Mortgage Jnsura11ce, and they will not
entitle B0rrower to any refund.
{b) Any such agreements will not affect the rights Borrowl·r has-if any-with
respect to the Mortgage Insurance under the Homeowners Protr.ction Act of 1998 or
any other law. These rights may include the riglJ,t to receive certain disclosures, to
request and obtain cancellation of the Mortgage Insurance. To have the Mortgage
Insurance terminated automatically, and/or to receive a refund of any Mortgage
Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All :Miscellaneous
Proceeds are hereby assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to
restoration or repair of the Property, if the restoration or repair is eco11omically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall
have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to
inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may pay for the repairs
and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be
paid on such Miscellaneous Proceeds, Lender shall not be required 10 pay Borrower any
interest or earnings on such lvfiscellaneous Proceeds. If the restorntion or repair is not
economically feasible or Lender's security would be lessened, lhe Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument. whether or not then due,
with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in
the order provided for in Section 2.
In the event of a total taking, destruction. or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of lhe Property in which
the fair market value of the Property immediately before the pa1iial taking, destruction, or Joss
in value is equal to or greater than the amount of the sums secured by this Security Instrument
immediately before the partial taking, destruction, or loss in value, unless Borrower and
Lender otherwise agree in writing, the sums secured by this Security Instrument shall be
reduced by the amount of the Miscellmeous Proceeds multiplied by the following fraction: (a)
the total amount of the sums secured immediately before the partial taking, destruction, or
WASHINGTON-SingkF..,,,.'ly-F&1ulit Mnr/Froddlt Mac UNIFORM INSTRUMENT
Fonn3048 1/01 (pap 7r,f1Jpoge,) lluc# 8'196 (4-4-W0l)FPSl030-7
jtat1on ld :11 UJ
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Document: mo 2006.0829001689
WV 61''60'0 l 800Z/9 l/t uo pa1upd
9l006l80'900Z: aa.L :1uawnooa
V & 'DNDI
loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial talcing, destruction, or loss in value of the Property in which
the fair market value of the Property immediately before the partial taking. destruction, or loss
in value is less than the amount of the sums secured immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument
whether or not the sums are then due.
lfthe Property is abandoned by Borrower, or if, after notice by Lender to Borrower
that the Opposing Party (as defined in the next sentence) offers to make an award to settle a
claim for damages, Borrower fails to respond to Lender within 30 days after the date the
notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to
restoration or repair of the Property or to the sums secured by this Security Instrument,
whether or not then due. "Opposing Party'' means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower bas a right of action in regard to
Miscellaneous Proceeds.
Borrower shall be in default if any actLon or proceeding, whether civil or criminal, is
begun that, jn Lender's judgment, could result in forfeiture of the Property or other material
impainnent of Lender's interest in the Property or rights under this Security Instrument.
Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in
Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
judgment, precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. The proceeds of any award
or claim for dmiages that are attributable to the impairment of Lender's interest in the
Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the
Property shall be applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of
the time for payment or modification of amortization of the sums secured by this Security
Instrument granted by Lender to Borrower or any Successor'in Interest of Borrower shall not
operate to release the liability ofB_qrrower or any Successors in Interest ofBorrower. Lender
shall not be required to conunence proceedings against any Successor in Interest ofBorrower
or to refuse to extend time for payment or otherwise modify amortization of the sums secured
by this Security Instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons,
entities or Successors in Interest of Borrower or in amounts Jess than the amount then due,
shall not be a waiver of or preclude the exercise of any .right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound.
Borrower covenants and agrees that Borrower's obligations and liability shall be joint and
several. However, any Borrower who co-signs this Security Instrument but does not execute
the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant
and convey the co-signer's interest in the Property under the terms of this Security
Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify1
forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note without the co-signer's consent.
Subject ta the provisions of Section 18, any Successor in Interest of Borrower who
assumes Borrower's obligations under this Security Instrument in writing, and is approved by
Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument.
Borrower shall not be released from Borrower's obligations and liability under this Security
Instrument unless Lender agrees to such release in writing. The covenants and agreements of
this Security Instrument shall bind ( except as provided in Section 20) and benefit the
successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in
connection wrth Borrower's default, for the purpose of protecting Lender's interest in the
Property and rights under this Security Instrument, i:lduding, but not limited to, attorneys'
fees, property inspection and valuation fees. In regard to any other fees, the absence of
express authority in this Security Instrument to charge a specific fee to Borrower shall not be
construed as a prohibition on the charging of such fee. Lender may not charge fees that are
expressly prohibited by this Security illstrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is
finally interpreted so that the interest or oilier loan charges collected or to be collected in
connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any
sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the
WASHINGTON-Sing!,, Famlly-Fannic M,,t/Freddl~ Mac UNlFORM INSTRUMENT
Fonn 3048 1/01 (pag~ 8 of H pogu) Doc# B 7 9 7 (44-2001) FPS JOJ0-8
800'6891,.006iB0900t
rnrTA" ,~~n'vt..TJ" TT'.1IIP.JO
Branch :PNK,User :ODB 1
KING,WA
Order: 674497 Title Otlicer: 1:2 Conune···· JHC
20060829001689.009
Note orby making a direct payment to Borrower. If a refund reduces principal, the reduction
will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such
refund made by direct payment to Borrower will constitute a waiver t1f any right of action
Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower's notice address if sent by other means. Notice to any
one Borrower shall constitute notice to ail Borrowers unless Applicable Law expressly
requires otherwise. The notice address shall be the Property Address unless Borrower has
designated a substitute notice address by notice to Lender. Borrower ~hall promptly notify
Lender of Borrower's change of address. If Lender specifics a procedure for reporting
Borrower's change of address, then Borrower shall only report a cban).\e of address through
that specified procedure, There may be only one designated notice address under this
Security Instrument at any one time. Any notice to Lender shall be given by delivering it or
by mailing it by first class mail to Lender's address stated here.in unless Lender has designated
another address by notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by
Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this
Security Instrument.
16, Governing Law; Severability; Rules of Construction. This Security Instrument
shall be governed by federal law and the law of the jurisdiction in which the Property is
located. All rights and obligations contained in this Security Instrument are subject to any
requirements and limitations of Applicable Law. Applicable Law mighl explicitly or implicitly
allow the parties to agree by contract or it might be silent, but such silence shall not be
construed as a prohibition agcllnst agreement by contract. In the event I hat any provision or
clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict
shall not affect other provisions of this Security Instrument or the Note which can be given
effect without the conflicting provision.
AB used in this Security Instrument: {a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; ~) words in the
singular s,ha.11 mean and include the plural and vice versa; and (c) the wurd' may" gives sole
discretion· without any obligation to take any action.
17. Borrower's Copy. Borrower shall be-given one copy of lhe Note and of this
Security Instrument.
18. Transfer of the Property or a Beneficial Intere!ilt ill Bol'rower. As used in this
Section 18, "Interest in the Property" means any legal or beneficial interest in the Property,
including, but not limited to, those beneficial interests transferred in a bond for deed, contract
for deed, installment sales contract or escrow agreement, the intent of which is the transfer of
title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred
(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or
transferred) without Lender's prior written consent, Lender may requir~ immediate payment
in full of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower 1111tice of acceleration.
The notice shall provide a period of not less. than 3 0 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this
Security Instrument If Borrower fails to pay these sums prior to the ex1 ti ration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice
or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain
conditions, Borrower shall have the right to have enforcement afthis Security Instrument
discontinued at any time prior to the earliest of: (a) five days before sale of the Property
pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicable Law might specify for the termination ofBorrower's right to re.instate; or (c) entry
of a judgment enforcing thls Security Instrument Those conditions am that Borrower: (a)
pays Lender all sums which then would be due under this Security Instrnment and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements;
(c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred .
for the purpose of protecting Lender's interest in the Property and rightH under this Security
Instrument; and (d) takes such action as Lender may reasonably require to assure that
Lender's interest in the Property and rights under this Security lnstrument, and Borrower's
obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
WASHINGTON-Singlo Family-Fannie Ma•fFT~ddle Mac UNIFORM INSTRUMENT
Porm.3048' 1/01 U'<l1'•9ef1Jpagu) nuc# 8'198 (4-4-ZOOl)FPSIOlD-II
:stat10n 1d :n UJ
Page 9 of 15 Printed on 4/16/2008 I 0:09:51 AM
Document: TDD 2006.0829001689
WV v,:60:01 800Z/9l/v uo pOJUJld
Lender may require that Borrower pay such reinstatement sums and expenses in one or more
of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check,
bank check, treasurer's check or cashier's check, provided any such check 1s drawn upon an
institution whose deposits are insured by a federal agency, instrumentality or entity; or
(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and
obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a
partial interest in the Note (together with this Security Instrument) can be sold one or more
times without prior notice to Borrower. A sale might result in a change in the entity (known
as the "Loan Servicer'') that collects Periodic Payments due under the Note and this Security
Instrument and performs other mortgage loao. servicing obligations under the Note, this
Security Instrument, and Applicable Law. There also might be one or more changes of the
Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of
the new Loan Servicer, the address to which payments should be made and any other
information RESP A requires in connection with a notice of transfer of servicing. If the Note
is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser
unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action
(as either an inclividual litigant or the member of a class) that arises from the other party's
actions pursuant to this Security Instrument or that alleges that the other party has breached
any provision of, or any duty owed by reason of, this Security Instrument, until such
Borrower or Lender has notified the other party (with such notice given in compliance with
the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law
provides a time period which must elapse before certain action can be taken, that time period
will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration
and opportunity to cure given to ,Borrower pursuant to Section 22 and the notice of
acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice
and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section21; (a) "Hazardous Substances"
are thosf!> substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable or
toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"
means federal laws and laws of the jurisdiction where the Property is located that relate to
heal.th, safety or environmental protection; (c) "Environmental. Cleanup" includes any
response action, remedial action, or removal action, as defined in Environmental Law; and (d)
an ''Environmental Condition" means a condition that can cause, contribute to, or otherwise
trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the
Property. Borrower shall not do, nor allow anyone etse to do, anything affecting the Property
(a) that is in violation of any Environmental Law, (b) which creates an Environmental
Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance,
creates: a condition that adversely affects tlie value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities
ofHazardous Substances that are generally recognized to be appropriate to normal residential
uses and to maintenance of the Property (including, but not limited to, hazardous substances
in consumer products).
Borrower shall promptly give Lender written notice of(a) any investigation, claim,
demand, lawsuit or other acuon by any governmental or regulatory agency or private party
involving the Property and any Hazardous Substance or Environmental Law of which
Borrower has actual knowledge, (b) any Environmental Condition, including but not limited
to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance,
and (c) any condition caused by the presence, use or release of a Hazardous Substance which
adversely affects the value of the Property 1f Borrower learns, or is notified by any
governmental or regulatory authority, or any private party, that any removal or other
remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance withEnvironmental Law. Nothing
herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree
as follows:
WASHINGTON-Singl&Fomi\y-FllllllieMae/F:n,ddieMac llNJFORM INSTRUMENT
Fonn 3048 1/01 {Pagi JO<>[/ 3 pact//) Doc II-S 79 9 (4-4-1001) FPS !030-10
01-o·sesa.oosuosooz
,,n,rrv-.. 7f ·1::::i"lrnri :::inTT /i;:t,t,,/Q :JdOl()
ll006l80.900l OOL :iuornnooa
VM.'DNI)!
moo: 1osn ')!Nd: qou""H
Branch :PNK,User :ODB I
KING,WA
Order: 67449"1 l1tle Ottlcer: 12 Co1nm 0 • "· JHC
20060829001689.011
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to
acceleration following Borrower's breach of any covenant or agreement in this Security
Instrument (but not prior to acceleration under Section 18 uuh•.ss Applicable Law
provides otherwise). The notice shall specify: (a) the default; (b) the action required to
cure the defaultj (c) a date, not less than 30 days from the dnte the notice is given to
Borrower, by which the default must be cured; and (d) that failun~ to cure 1he default
on or before the date specified in the notice may result iu accch:ration of the sums
secured by this Security Instrument and sale of the Properly at puhlic auction at a date
not less than 110 days in the future. The notice shall further info1·m Borrower-of the
right to reinstate after acceleration, the right to bring a court action to assert the non-
existence of a default or any other defense of Borrower to accelernlion and sale,. and any
other matters required to be included in the notice by Ap1>lieable J,,1w. If the default is
not cured on or before the date specified in the notice, Lender at it,i option, may require
immediate payment in full or all sums secured by this Security Instrument without
further demand and may invoke the power of sale and/or any other remedies permitted
by Applicable Law. Lender shall be entitled to collect all expenses incurred in pul'S'lling
the remedies provided in this Section 22, including, but not limited to, reasonable
attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee
of the occurrence of an event of default and of Lender's election to cause the Property
to be :mid. Trustee and Lender shall take such action regarding no lice of sale and shall
give such notices to .Borrower and to other persons as Appli.cabh: Law may require.
After the time required by Applicable Law and after publication nfthe notice of sale,·
Trustee, without demand on Borrower, shall sell the Property at 1111blic auction to the
highest bidder at the time and place and under the terms desig1111ted in the notice of
sale in one or more parcels and in any order Trustee determines. Trustee may postpone
sale of the Property for a period or periods permitted by Applirnble Law by public
announcement at the time and place fixed in the notice of sale. l,r.uder or its designee
may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property
without any covenant or warranty, expressed or implied. The recitals in the Trustee's
deed shall be prima facie evidence of the truth of the statements made therein. Trustee
shall apply the proceeds of the sale in the foJlowing order: (n) to all expenses of the sale,
including, but not limited to, reasonable Trustee's and attorneys' rees; (b) to all sums
secured by.this Security Instrument; and (c) any excess to the person or persons legally
entitled to it or to the clerk of the superior cOurt of the county in which the sale took
piace.
23. Reconveyance. Upon payment of all sums secured by this Security Instrument,
Lender shall request Trustee to reconvey the Property and shall surrender this Security
Instrument and all notes evidencing debt secured by this Security Instrument to Trustee.
Trustee shall reconvey the Property without warranty to the person or persons legally entitled
to it. Such person or persons shall pay any record.ation costs and lhe Trustee's fee for
preparing the reconveyance.
24. Substitute Trustee. In accordance with Applicable Law, Lender may from time
to time appoint a successor trustee to any Trustee appointed hereunder who bas ceased to act.
Without conveyance of the Property, the successor ttustee shall succeed to all the title,
power and duties conferred upon Trustee herein and by Applicable Law.
25. Use of Property. The Property is not used principally for agricultural purposes.
26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys'
fees and costs in any action or proceeding to construe or enforce any lcrm of this Security
Instrument The term "attorneys' foes," whenever used in this Security Instrument, shall
include without limitation attorneys' fees incurred by Lender in any bani( ruptcy proceeding or
on appeal.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN
MONEY, EXTEND CREDIT, OR TO FORBEAR FROM
ENFORCING REPAYMENT OF A DEBT ARE NOT
ENFORCEABLE UNDER WASHINGTON LAW.
WASHffiGTON-Bingle,Family-FB1Ulie Mae/Freddie M•~ UNfil'ORM lNSTRtJMEN'l'
FtmnJO.CS 1101 O,ag4 I 1 o/IJ p,,ges) r,..,, # B 8 (11) (4-'·1001) FPS K330-ll
~talion !<I :ll UJ
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Document: TDD 2006.0829001689
WV g<;:60:QJ 800c/9[/t, uo PO!U]Jd
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Security Instrument and in any Rider executed by Borrower and recorded
with it.
Witness: Witness:
14* ,/ (S"'1)
-Borrower
(Srn)
-Borrower
(8''1)
-Borrowec
(S"'1)
·Borrower
(8''1)
-Borrower
{Seal)
-Borrower
STATE OF WASHINGTON, KING County ss:
On this ...lat.IL day of August , ..1..Q..Q..6__, before me the undersigned, a
Notary Public in and for the State ofWashington, duly commissioned and sworn, personally
appeared
JOHN L SMITH
to me known to be the individual{s) described in and who executed the foregoing instrument,
aa.d acknowledged to me that HE signed and sealed the said instrument as HI s
free and voluntary act and deed, for the uses and purposes therein mentioned.
WITNESS my band and official seal affixed the day and year in this certificate above
written.
LINDA D. DARBY
NOTARY PUBLIC
STATE OF WASHINGTON ~
COMMISSION EXPIRES ,
SEPTEIJB~R 15 2008
LI~DA D DARBY
Name Printed
Residing at: ENUMCLAW
My Appointment Expires: 9/15/2008
WA.Sl!WGTON-Singl11 Family--Fuwi~ M•t!Freddi< Mac UKIFORM INSfRUM~NT
FonnJ048 1/01 l),ag• I2ef1Jpages) Doc Ii B801 {4·1'·2001)FFSI030-U
Z:i,0"689 i.006l80900:Z:
noo6Z80.900Z aal :1uawmoa
VNl.'ONDI
Tann: J::JSn'VJ\.U: UOU8.1A"
Branch :PNK,User :ODB I
KING,WA
Order: 6744'-;J"/ l ttle Utt1cer: l.L commp--~-JH.C
REQUEST FOR RECONVEYANCE
To Trustee:
20060829oot689:013
The undersigned is the holder of the note or notes secured by this Deed of Trust Said
note or notes, together with all other indebtedness secured by this Deed of Trust, have been
paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust
which are delivered hereby, and to reconvey, without warranty, all the t·state now held by yo~
under this Deed of Trust to the person or persons legally entitled thereto.
Date:~~~~~~~~~~
WASBlNGTON-Singlo Family-Flmnie Mao/F:reddle Mac UNIFORM INSfRUMF,NT
Fonn304B 1/Dl (pag1/JoflJpagru) Du~# 880~ (4-4,200l)FPSJ030-13
;::irauon w :11 UJ
Page 13 of 15 Printedon4/16/200810:10:00AM
Document: TDD 2006.0829001689
Branch :PNK,User :ODB I
KING,WA
Order: 674497 Title Officer: 12 Cornn,, ·--JHC
LN #19 01 112122 00 1-4 FAMILY RIDER
(Auignment ofRenU)
2006082900 I 689.014
THIS 1-4 FAMILY RIDER is made this 23RD dayof AUGUST .. __ ,_ill.2....._,andis
.inco1porated into and she.II be deemed to amend !lild supplement the MortBagc, Docd of Trust, or Security Deed
(the "Security Instrument") of the same date given by the undersigned (the "Oomiwer''l lo secureBClII'OWef"'s Note
to FIRST SAVINGS BANK OF RENTON _ --------
(the "Lendec") of the same date and covering the Property described in the Security lnslrnment and located at:
1030 HOQUIAM AVE NE RENTON WA 98059
[Property Address)
1-4 FAMILY COVENAJ',,'TS. In addition to the covenants nml ~gn:cmcnts made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDfflONAL .PROPERTY SUBJECT TO TIIE SECURITY INS'IRUMENT.
In addition to the Property described in Security Io&trument, the following items nmv c.c ~ attached
to the Property to the extent they are fixtures are added to the Property da:cription, and shall also
consti.lute the Properly covered by the Security Instrument: building mnterials, 11pplinnces and goods of
every nature whatsoever now or hereafter localed in, on, or U5ed, or intended to he used in connection
witb1he Property, including. but not limited to, those for the purposes ol'Kupplying 1J1.' distributing heating.
cooling, electricity, gas, water, air and light, fue prevention and extinguishing up110ratus, security aod
access control apparatus, plumbing, bath tubs, water heaters, woter cloNels., ~inks, ranges, stoves,
refrigerators, dishwashers.,. disposals, washers, dryers, iwmings, storm window11, ~loan doors, screens,
blinds, shades, curtains and curtain rods, attached mirrors, cabineL~. punelinµ and attached floor
coverings, all of which, including replacements and additions thereto, shull be Liecmcd to be and remain a
part of the Property covered by the Secw-ity Instrument All ofthc foregoing togt..'lher with the Property
described in the Security Instrument (m the leasehold estate if1he Security Tnstrument is on a leasehold)
are referred to in this l-4 Family Rider and the Security Instrument as 1hc "Propui 1.Y·"
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Bonuwershallnotseek,
agree ta Ot'm.ake • change in the use of the Property or its zoningclassificntion, unh ... "\S Lender has agreed
in writing to the change. Borrower shall comply with all.laws, ordinan=,regululi, ins end requirement3
of wcy goverrunmtal body applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Burrower shallnotallcw
any lien inferior to the Security Instrument to be perfected against the Property wi1h.out Lender's prior
written penni.ssion.
D. RENT LOSS INSURANCE. Borrower shall mu.in Win i1uiw·11ru·~, against rent loss in
addition to the other hat.ards for which insurance is required by Section 5.
E. 11'BORROWER'S RlGiff TO REJNSTATE" DELETED. Section 19isdeleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Bonowcr otherwise agree in
writing. Sccti.an 6 concerning Borrower's occupancy of the Property ~~ deleted.
G. ASSIGNMENT OF LEASES. Upon Lender's rcquesl after dcfuult, Borrower sh.all
assign to Lender all leases of the Property snd all security deposits mad!! in connecli1 in with leases of the
Property. Upon the assignment, Lender shall have the right to modify, Cl!lend or (l:rminatcthe existing
leases and to execute new leases, in Lender's sole WSCfetion. As used in thi~ paragraph G, the word
"lease" shall mean "sublease" if the Security lrutrument is on a lcasehnl<l.
H. ASSIGNMENT OF RENTS; APPOINTMENT OJ1 JlECEIVER; LENDER IN
POSSESSION. Borrower absohitely and unconditionally assigns und transfers h• Lender all the rents
and revenues ("Rents") of the Property, regardless ofto whom the RentM o(tltc 1'1uperty arc payable.
Borrower authorizes Lender or Lender's agents to collect 1he Rents, 1md agree:; thn! each tenant of the
Property shall pay the Rents to Lender or Lender's agents. However, Bonower xh11H receive 1he Rents
witil (i) Lender has given Borrower notice of default pursuant to Section 22 of the S1~:urity lmttumentand
(ii) Lender has given notice to the tenant(:;) Uiat tile Rents are to be pnid tu Lcml,:r or Lender's agent
This e.ssigmm:ntofRents constitutes an abaolute !lssignment and not nn u.~Miwunc11! lilr ndditional.security
only.
If Lender gives notice of default to Borrower: (i) all Rents received by 13,,rrower shall beheld
by Borrower as trustee for the benefit of Lender only, tn be applied to the Slun..~ seen~ bJ,1the Security
lnstroment; (ii) Lender shall be entitled to collect and receive all of the Rent.~ 11f the Pfoperty; (iii)
Borrowc. agrees that each ten.ant of the Properly shall pay all"Rents due nnd unpuid 1<1 Lender or Lendc:r:'s
agcnt.s upon Lender's written demand to the tenant; (iv) twless Rpplicablc lnw pn ,vides otherwise, all
Rents collected by Lender or Lender's agents shall be applied far.sl to the costs oftnk.ing control of and
.managing the Property and collecting the Rents, including, but not limit<..,[ to, atlm111,y's fees, receiver's
fees, premiums on receiver's bonds, repair and maintenance co!il~. immrruw,: premiums. taxes,
assessments and other charges on the Property, and then to the sums oocw·c<l by the Xecurity Instrwnent;
(v) Lender, Lender's agents or 11n.y judicially 11ppointed receiver shall be Jin Ille to m:i:ount for only those
Rents actually received; snd (vl) Lender shall be entitled to have a receiver appointi.:d to take possession
of aOO manage the Property and collect the R~nt.s 1111d profits derived from tl1e Property without arzy
showing as to 1he inadequacy of the Property as security.
MULTISl'ATE 1-4 FAMILY RIDER--Fmuiie Maf/Freddl< MH UNIFORM INSTRUMl~NT
Fona 31701/01 /pq• J o(Jpagru) \lot 11 62 D (3-16-2001) FPS 1053-1
Station Id :nUJ
Page 14 of 15 Printed on 4/16/2008 10:10:02 AM
Document: TDD 2006.0829001689
WV ,0:01:01 800Z/9l/r uo pa1up<1
If the Rents of the Property ere not sttlficicnt to cover the costs of taking oontrol of and managing
the Property and of collecting the Rents any fund.,; expended by Lender fot sucb. purposes shall become
indebtedness of Borrower to Lcrukr secured by I.he Security lnst.rnment pursuant to Sec.ti on 9.
Borrower represents end wanants that Bon-ow ex has not cxt:cuted ony prior assignment of the
Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its
rights under this paragraph.
Lender, 01' Le.ruler's a.gents or a judicially appointed receiver, shall not be required to enter upon,
toke control of or ITl8intein. the Property before or a.'ler giving notice of default to Borrower. However,
Lender, or Lender's ogcn15 or a judicially appointed receiver, ml\Y do so at any time when e. default
occurs. Any application of Rents shell not cure or waive any default or IIlvnlidate any other right or
remedy of Lender. This essignmentofRents oftl1e Property shall terminate when all the sumssecim:dby
the Security Instrnment are paid in full
L CROSS-DEFAULT PROVISION. I3orrowe1 's default or breach under any note or
agreement in which Lench:{ has an interest shall be a bre&ch under the Seewity Instrument nnd Lender
may invoke any of the reme<lies permitted by th-::: So::curity lnstiument.
BY SIGNING BELOW, Borrower accepts and agms ta the terms lUld provisions contained in this l-4 FIIITlily
Rider.
---------------------(S"1)
-Borrower
____________________ (Se,!)
-Borrower
______________________ (Seal)
-Borrower
____________________ (S"1)
-Borrower
----------____________ (Seal)
-Borrower
MULTISTATE 1-4 FAMILY RIDER-FWlli~Mae/Freddi~Mo• UNIFORM lNSTRUMENT
Ifann31'701/01(po,plof2pageiJ Doell 621 Q-16-2001) FPS K2S3-l
g1,.o·ss91,.006~09ooz
~• .,,..,..,Tlr,. "\T1TT IL,1.,,1.,/(\ 'J~nJ("\
,l006Z:80.900Z aa.1 :iuaumooa
V!t\'ONJ)I
Branch :PNK,User :ODBl
KING,WA
Order: 674497 Title Otticer: 12 Comme-•· JHC
After Recording Mail To:
First Savings Bank Northwest
PO Box 360
Renton, WA 98057
11 I 11l11n1 ~ 1111~1~ ,~,n
20071221000241 ~~~€:ir ~~ Jil DT 4&. DI
12/21/at/17 t/JB:40
l<ING COUNTY, LIA
This Space Provided for Recorder's Use
When Recorded Return To: First Savings Bank Northwest
ftO Box 360, Renton, WA 98057
Document Title(.s) Oeed of Trust
Grantor(s) John L Smith
Grantee(s) Flrstfinanclal Diversified Corporation
Legal Description Lots 115, 28, and 29, Brookefield, Vol. 223, pge. 25-28
Assessor's Property Tax Parcel or Account Number 113740029005, 113740028DD7, 113740015004
Reference Numbers of Documents Assigned or Relwed 01-151280.02
20071221000241.001
-P-Nwr~/-ii-.! ,--DE_E_D_O_F_n:~~;·=L••r·:~··o·:\1--,;-/-
\ l.!!} \ \JI (With Future Advance Clause) \Jl \.X l D
1. DATE AND PARTIES. The date of thls Deed of Trust (Security Instrument) is
.DJK:Jm!;,.trJ.4,.?.Q/:17..... . .. and the parties and their addresses are as follows:
GRANTOR: John L Smith, a single person
PO Box 2670
Renton, WA 98056
D If checked, refer to the attached Addcndwn incoq,ors.ted herein, for additional Grantors, thcir
signatures and acknowledgments.
TRUSTEE:
First Financial Diversified Corporation
2DB WIiiiams Ave South, PO Box 358
Renton, WA 98057
LENDER:
First Savings Bank Northwest
201 Wells Ave S.
PO Box 360
Renton, WA 98057
2, CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of whlch is
acknowledged, and to secure the Secured Debt (defined below) and -Grantor's performance under this
Security Instrument, Grantor irre"Yocably grants, conveys 8Ild sells to Trustee, In trmt for the benefit of
Lender, with power of sale, the following described property:
Lots 15, 28 and 29, Brookefield, according to the plat therei=rf recordecf In Volume 223
of Plats, pages 25 through 28, inclusive, In King County, Washington •
The property Is located 1n !9t'!G .... ..................... at .1~.~~-~~q_1:1!!1:~.A~1! ............ .
'""""' .I)!~ ........................... . . .. R~mtgr,,, ..................... Washington .. ~~9-~~---.......... .
(City) (ZIP Code)
W(lll'UftftfMA,FIILMC,FRA,RVAUSE:NOTFDRUSE\'lillltnommJ5EDIORABRlClllUJIALPURPOSESI (additional CO a F of6)
~ 01H4 Bonhro &votam1. lno-., Si. c•oud. MN Fotm ocP.n~DT•WA 41211/100S __ _
10051 f/29 Hom1iam Ave NE & /tl5 Illwaco Ave NE Renton. Wa 980F-
WMHINGTON-H0M1:£QUrj-y LINE OF CREDIT DEED OF T11.UST
:::itaI1011 lQ :11 UJ
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Document: TDD 2007.1221000241
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KING,WA
Order: 674497 Title Officer: 12 Connne" .. JHC
20071221000241.002
Together witb all rights, easements, appurtenances, royalties, mineral rights, oil and g.as rights. all water
and riparian rights, clitches, and water stock and all exl.!tlng and future improvemi:llts, structures,
fixtures, and replacements that may now, or at any time in the future, be part of the real estate described
above (all referred to as 'Property").
3. MAX!MUI'A OBLlGATION LIMIT. The total prJnclpa.l amount secured by this Security Instrument at
any one time shall not exceed.$ .19.0,!l0.0,0.0............ . ..... This limitation of amount
does not icclude interest and other fees and charges validly made pursuant to I.his Security Instrument.
Also, this limitation does not apply to advances made under the tenns or this Security Instrument to
protect Lender's security and to perform any of the covenants contained in this Security Instrument.
4. SECURED DEBT AND FUTURE ADV ANCE.S. The term &Secured Debt~ is defllled as follows:
A, Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other
evidence of debt described below and all their extensions, renewals, modifications or
substitutions. (Yau must specifically idemify rite debr(s) .m:und and ,ou should include ihe final
maturity dote afsw:h debt(s).)
Home Equity Line of Credit Agreement dated 12/1412007 with maturity date of
1/15/2018.
B. All future advances from Lender to Grantor or other future obligations of Grantor to Lender under
any promissory no1e, contract, guaranty, or other evidence of debt executed by Granoor in favor
of Lender after this Security Instrument whether or not this .Security Instrument is specifically
referenced. If more than one person signs this Security lllstrurnent, each Grantor agrees that this
Security Instrument will secure all future advances and future obligations that are given to or
incurred by any one or more Grantor, ot any one or more Grantor and others. All future advances
and other future obligations are secured by thls Security Instnunent even though all or part may
not yet be advanced. All future advances and other future obligations are secured as if made on the
date of Ibis Security Instrument. Nothi:ng in this Security Instrument shall COMtltute a
commitment 10 make additional or future loans or advances in any amowit. AfI'/ 5ucb commitment
musl be agreed to in a separate writing.
C. All other obligations Grantor owes to Leader, which may later arise, to the extent not probibited
by Jaw, including, but not limited to, liabilities for overdrafts relating to any deposit account
agreement between Grantor and Lender.
D. All additional sums advanced and e,q,enses incurred by Lender for insuring, preserving or
otherw:lse protecting the Propeny and its value and llll'/ other sums adYa.l'.lced a11d expenses
incurred by Lender under the terms of this Security Instrument.
1n the event that Lender fails to provide any required notice of the right of rescission, Lender waives
any subsequent security interest in the Grantor's principal dwelling that is creatoo by this Security
Instrument.
S. DEED OF TRUST COVENAh'TS. Grantor agrees that the covenants in this section are material
obligations under the Secured Debt and this Security Instrument. H Grantor breaches any covenant in
thh section, Lender may refuse to make additional extensions of credit and reduce the credit limit. By
not e,;ercising eil.ber remedy on Grantor's breach., Lender docs not waive Lender's right to later
consider the event a breach if it happens again.
Payments. GranlOI agrees that all payments under the Secured Debi will be p3.ld when. due and in
accordance with the tenna of the Secured Debt and this Security llllitrument.
Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or other
lien document that crea.ll:d a prior security interest or encumbrance on the Property, Granter agrees to
make all payments whi:a due and to perform or comply wlfu all covenants. Grantor also agrees not to
allow any modification or extension of, nor to request any futwe advances under any note or agreement
iecured by the lien document without Lender's prior written approval.
Clelms Against Title. Grantor will pay all taxell, assessments, liens, encumbrances, lease payments,
ground rents. utilities, and other charges relating lo the Property, wllen due. Lender may require Grantot
to provide to Lender copies of all notices that such amounts are due and the receipts ev:ldem:ing
Grantor's payment. Grantor will defend title IO lhe Property against any claims that would impair the
lien of this Security Instrument. Gran1or agrees to assign to Lender, as requested by Lender, any rights,
claims or defenses Granter may have againSt parties who supply labor or materials to maintain or
improve the Property,
::,:iauon 10 :11 UJ
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KING,WA
Order: 674497 Title Officer: 12 Conune-·· JHC
20071221000241.003
Properly Condition, Alterations and Inspection. Gran10r will keep the Property in good condition and
make all repairs d:tat are reasonably necessary. Grantor shall not commit or allow any wute,
impairment, or deterioration of the Property. Grantor agrees that the nature of the occupancy and use
will not substantially change without Lender's prior written consent. Gran1or will not permit any change
in any license, restrictive covenant or easement without Lender's prior vn:itten consent. Granter will
notify Lender of all demands. proceedings, claims, and actions against Grantor, and of any loss or
damage to the Pioperty,
Lender or Lender's agents may, at Lendcx' s option, enter the Property at any reasonable time for 1he
purpose of inspecting the Property. Lender shall gITT Grantor notice at the time of or before an
Inspection specifying e reasonable IJUrpose for the inspection. Any inspection of the Property shall be
entirely for Lender's benefit and Gran tor will in no way rely on Lender's inspection.
Authority to Perform. If Grantor fails to perform any duty or any of the covenants contained in this
Security lnstnllllent, Lemler may, without notice, perform or cause them to be per funned. Grantor
appoints Lender as attorney in fact to sig:n Grantor's name or pay any amount necessary for
performance. Lender's right to perfonn for Grantor shall not create an obligatiOll. to perform, and
Lender's failure to perform will not pre dude Lender from e,:ercising any of Lender's other rights under
the law or this Security InstrUI:Jent.
Ltlasehold!l'; Condominiums; Planned Unit Developments. Granior agrees to comply with lhe
provisions of any lease if this Security Instroment is on a leasehold. If the Property includ~ a unit in a
condomlnlwn or a planned unit development, Granter will perform all of Oramor's duties under the
covClllil1ts, by-laws, or regulations of the condornlnlum or planned unit development.
Condemnatlom. Grantor will give Lender prompt notice of any pending or threatened action, by private
or publie entities to purchase or take any or all of the Property through condemnation, eminent domain,
or any other means. Grantor authorizes Lender 10 interVene ln Grantor's name in any of the above
described actions or claims. Granter assigns to Lender the proceeds of any award or claim for damages
connected with a condemnation or other taking of all or any part oftb.e Property. Stich proceeds sball be
comldered payments and will be applied as provided in thill Security Instrument. This assignment of
proceeds ls subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document.
Imurance. Grantor shall keep Property insured against loss by fire, flood, theft and other hazards and
riskl reasonably associated with the Property due to Its type and location. Thls insurance shall be
maiirtained in the amounts and for the periods that Lender requires. What Lender requires pursuant to
the preceeding two sentences can change dw"ing the term of the Secured Debt, The Insurance carrier
providing the insurance shall be chosen by Granter subject to Lender's approval, which shall oot be
unreasonably withheJd. If Grantor fails to maintain the coverage ~cribed above, Lender may, at
Lender's option, obtain coverage to prot~t Lender's rights in the Property according to the terms of this
Security Instrument.
All insurance policies and renewals shall be acceptable to Lender and shall Include a standard "mortgage
clawe" and, where applicable, "loss payee clause.• Grantor shall immediately notify Lender of
cancellation or termination of the Insurance. Leoder shall have the right to hold the policies and
renewals.. If Lender requires, Granter shall immediately give to Lender all receipts of paid premiwrui
and :renewal notices. Upon los.s, Gralltor shall give immediate notice to the ln5Ul"ance carrier and
Lender. LetJdl;!r may make proof of loss if not made Immediately by Grantor.
Unless otherwise agreed ln writing, all insurance proceeds shall be applied to the restoration or repair of
the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of
proceeds to principal shall not extend or postpone the due date of the scheduled paymen1 nor change the
lll'DO\llll or any payment. Any excess will be paid to the Granter. If the Property is acquired by Lender,
Grantor's right to any insurance policies and proceeds resulting from damage to the Property before the
acquisition shall pass to Lender to the extent of the Secumt Debt immediately before the acquisition.
Financial Reports and Addltional Documents. Grantor will provide to Lender upon request; any
flna.nclal statement or Information Lender may deem reasom1bly oecessuy. Granter agrees to sign,
deliver, and file any additional documents or certi.f"JCations that Lender may consider necessary to
perfect, continue, acd preserve Grantor's obligations under this Security Instrument and Lender's lien
status on the Property,
6. WARRANTY OF TITLE. Grantor warrants that Orantor Is or will be lawfully seized of the estate
conveyed by this Security Instrument and hu lhe right to imvocably grant, convey and sell the
Property to Trustee, in trusc, with power of sale. Grantor also warrants that tbe Property is
unenewnbeied, except for encumbrances of record.
7. DUE ON SALE. Lender may, at its option, declare the eDtire balance of the Secured Debt to be
immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of
all or any part of the Property. This right is subject to the restrlctiocs imposed by federal Jaw (12
C.F.R. 591), as applicable.
~ 018H San~ ... S,,,.,oma, """-, S1. Clo\ld. MN form OCP-RWT•WA 4121/2006
stat10n Id :ll UJ
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Branch :PNK,User :ODBI
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Order: 674497 Title Officer: 12 Comme· ·-JHC
20071221000241.004
8. DEFAULT. Grantor wlll be in default if any of the following occur:
Fraud. Any Consumer Borrower engages in fraud or material misrepresentation In connection wlth the
Secured Debt that is lltl open end home equity plan.
Payments. Af1'/ Consumer Borrower on any Secured Debt that is an opeo end home equity plan fails to
make a payment when due,
Property. Ally action or inaction by the Borrower or Grantor occurs that adversely affects the Property
or Lender's rlgbts in the Property. This includes, but is not limited to, lhe following: (a) Grantor falls
to maintain ~ui.red insurance on the Property; (b) Orantor transfers the Property; (c) Grantor commits
wasle or otherwise de$tructivcly uses or fails to maintain the Property such that the action or iDaction
adversely affects Lender's security; (d) Gnntor falls to pay taxes o.n the Property or otherwise falls to
act and thereby causes a lien to be filed against the Property that is senior to the lien of this Secwity
Instrument; (e) a sole Grantor dies; (f) if more than one Grantor, any Grantor dies and Lender's security
is adversely affected; (g) the Property is taken through eminent domain; (b) a judgment is filed against
Grantor and subjects Grantor and the Property 10 action thai adversely affects Lender's Interest; or {I) a
prior lienholder forecloses on the Property and as a ~ult, Lender's interest is adversely affected.
Executive Officers, Any Borrower is an executive officer of Lender or an affiliate and such Borrower
becomes indebted to Lender or another lender in an aggregate amount greater than the amount pennitted
under federal laws and regulations.
9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security
Instrument, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a marmer
provided by law if Grantor is in default. In some iruitance&, federal and state Jaw will req\llre Lender to
provide Grantox with notice of the right to cure, or other notices and may establish time schedules for
foreclosure actions.
At the option of the Lender, all or any part of the agreed fees and charges, accrued interest and principal
shaJl become Immediately due and payable, after giving notice if required by law, upon the occurrence
of a default or anytime thereafter. Lender shall be entitled to, without limitation, che power to seU the
Property.
If lhere is a default, Trustee shall, at the request of the Lender, advertise and sell ~ Property ss a
whole or in separate parcels at public auction to !he highest bidder for cash and coovey absolute title
free and clear of all right, title and interest of Grantor at such time and place as Trustee designates.
Trustee shall give notice of sate including the time, terms and place of sale and a description of the
Property to be sold as required. by the applicable law in effect at the time of the proposed sale.
Upon :sale of the Property and to the extent not prohlbiled by Jaw, Trustee shall make and deliver a deed
to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges
.and costs, shall pay to Lender all moneys advanced for repairs, lax.es, insurance, 1ieas, assessments and
prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying 1he
surplus, if any, to Grantor. Lender may purchase the Property. The recitals in any deed of conveyance
sba.11 be prima facie evidence of the facts set forth therein.
The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the
balance Is due or is accelerated or after foreclosure proceedlngs are filed shall not constitute a waiver of
Lender's right to require complete cure of any existing default. By not exercising any remedy on
Grantor's deCault, Lender does not waive Lender's right to later consider the event a default if it
happens again.
10. EXPENSES; ADVANCES ON COVENANTS; AITORNEYS 1 FEES; COLLECTION COSTS. If
Orantor breachea any covenant in tl:lis Security Insttument, Grantor agrees·u, pay all e~ Lender
incurs ln pi:::rfonnin:g such covenants or protecting lts. si:::c:urlty interest In the Property. Such expenses
include, but are not limited to, fees incurred for inspecting, pregerving, or otherwise protecting the
Ptopeny and Lender's security interest. These expenses are payable on demand and will bear interest
from the date of payment until paid in fuU at the higbesc rate of interest in effect as provided in the
terms of che Secured Debt. Granter agrees to pay all costs and expecses incurred by Lender in
collecting, enforcing or protecting Lender's rights and remedies under this Security InstrumenL This
amount may include, but is not limited to, attoIIleYs' fee$, court costs, and other legal expenses. To the
extenl permitted by the United States Bankruptcy Code, Grantor agrees u, pay the reasonable attorneys'
fees Leader Incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under the
Bankruptcy ~e. This Sec•Jrity Instrument shall remain in effect untll released. Grantor agrees to pay
for any recordaUon costs of such rciease.
Stat10n ld :ITUJ
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Document: TDD 2007 .1221000241
Branch :PNK,User :ODBI
KING,WA
Order: 674497 Title Otticer: 12 Comrne-•· JHC
20071221000241.005
11. ENVlR.ONl\.fENTAL LAWS AND HAZARDOUS SUBSTANCES. A$ used in this section, (1)
Environment.el Law means, without limitation, tbe Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and
local laws, regulations, ordinances, court orders, attorney general opinions or interprelive letters
concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous
Substance m.eans any toxic, radioactive or hazardous material, waste, pollutant or contaminant wbich bas
characteristics which render the ~ubstance dangerous or potentla1ly dangerous to the pubUc heallh,
safety, welfare: or envkorunent. The term includes, without limitatioo, any rubstanci:s defined as
"hazardous materl.a.l, • "toxic substances,· 'hazardous waste,• "hazardous subsrance: or "regulated
substance" under 8llY Environmental Law.
Grantor represew, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance
is or will be located, stored or released on or in the Property. This restriction does not apply to
small quantities of Hazardous Substances that are generally recognized to be appropriate for the
normal use and maintenance of the Property.
B. Except as previously disclosed and acknowledged In writing co Lender, Gran.tor and every 1ena.nt
have been, are, and shall relllain in full compliance wlth any applicable Environmenlal Law.
C. Gr.mtor shall immediately notify Lender if a release or threatened release of a Hazardous
Substance occurs on, under or about the Property or there is a violation of any Environmental
Law concerning the Property. In such an event, Grantor shall take all necessary remedial action In
aeconfance with any Environmental Law.
D. Granter shall Immediately notify Lender in writing as soon as Grantor has reason to believe lheJe
ia any pending or threatened investigation, claim, or proceeding relating to the release or
threatened release or any Hazardous Substance or the violatlon of any Environmental Law.
1l. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a ~arale agreement.
Gr~r will not be required to pay to Lemler funds for taxes and insurance in escrow.
13. JOINT AND INDIVIDUAL LIABILITY; CO.SIGNERS; SUCCESSORS AND ASSIGNS BOUND,
All duties under this Security Instrument are joint and individual. If Grantor slgns thls Security
lnstrument but does not sign an evidence of debt, Grantor doe& so only to mortgage Grantor's interest in
the Property to Becure payment of the Secured Debt and Grantor does not agree to be personally liable
on the Secured Debt. If this Security Instrorcent secures a guaranty between lender and Graotor,
Granter agrce1 lo waive any rights tbat may prevent Lender from bringing any action oc claim against
Grantor or any party Indebted under the obligation. These rights may Include, bot are not limlted to, any
anti-deficiency or one-action Jaws. The duties and benefits of this Securit)' lnstrumat1t shall bind aod
bc:nefit the successors and assigns of Grantor and Lender.
14, SEVERABILlTY; INTERPRETATION, Toni Se<;:urity Instrument is eomplece and fully lntegraled.
This Sei:urlty Instrument may not be amended or modified by oral a.sreement. Any section in this
Security Instrument, attachments, or any agreement related to the Secured Debt !hat oonfI!cl:.!i with
applicable law will not be effective, unless that law expressly or implledly permits the variations by
written agreement. If any section of this Security lnsttument cannot be enforced according lo its tenns,
that section will be severed and will not affect the enforceablllty of the remainder of this Security
Instrument. Whenever used, the singular shall Include the plural and the plural the singular. The
captions and headings of the sections of this Security Instrument arc for convenience o.nly and are not to
be wed to interpret or define the terms of this Securit)' Instrument. Time !.s of thc essence in this
Security lnstnunent.
1S. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and
appoint a successor trustee without any other formality than the designation in writing. The successor
trustee, without conveyance of the Property, shall 8ucceed to all the tide, power and duties conferred
upon Trustee by this Security Instrument and applicable Jaw.
16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it
by both fint class mail and either registered or certified mail, return receipt requested, IO the appropriate
party's address on ,page l of this Security Instrument, or to any other address de5ignated in writing.
N otlce to one grantor will be deemed to be notice to all grantors.
17, USE OF PROPERTY, The property subject to this Deed of Trust is not ustd prinelpally for
agricultural purposes.
18. LINE OF CREDIT, The Secured Debt includes a revolving line of credit. Although the Secured Debt
may be reduced to a zero b11lance, this Security Instrument will remain in effect until ~leased.
19. APPLICABLE LAW. This Security Instrument is governed by the Jaws as agreed to in the Secured
Debt, except to the e:tlent required by the laws of the jurisdiction where tbe Property is located, and
applicable federal laws and regulations.
~ 019'4 Brr>IOlo 8J'IIOMa, IM., St. Clood, MN Form OCP,AEDT-WA 41151:2005
;")taUOil IQ '.11 UJ
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Document: TDD 2007 .1221000241
Branch :PNK,User :ODB1
' .
KING,WA
Order: 674497 Title Otlicer: 12 Comroe··· JHC
20071221000241.006
20. RIDERS. The covenants and agreeme11ts of each of the riders checked beloW are Incorporated into and
supplement and amend the terms of this Security lmtrument
[Check ail .applicable b~s]
0 AssignrnCEt or Leases and Rents O Other ............ , ...................................................... .
21, 0 ADDITIONAL TERMS.
22. SIGNATURES: By signing below, Grantor agrees to the terms and covenants cantairu:d in this Security
Instrument and in atJl' attachments. Grantor aI;o acknowledges receipt of a copy of this Securll.y "".j'J on the datos~7'' 1. ff{:!:··· ············"/st'~········ ............................... ...
STATBOP ....... ~!1.1¥h!l'.l.9.~.I"/ .............. , COUNTY OF ~.\~9 .................................. } ss.
(hlM,,.,.., I certify that I know or have satisfactory evidence that ~RM.!...~roJth ................................. ..
......................... . ........................... is/axe the indlvidual(s) who appeared before
me, and said lndividllal(s) acknowledged that M/heltb.J'/ slgned this instnime:nt a !edged
it to be a free attd vollllltary act for the uses and mentioned in •
TO TRUSTEE:
STEPHANIE J. BOWEN
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
FEBA AY 19 2008
Renton ................................. ,.
REQUEST FOR R:&CONVBY ANCE
(1'ot to be completed 1llllil paid in full)
1k undersigned ls tbe holder of tbe oote or notes secured by this Deed of Trust. Said note or notes,
together with all other indebtedness secured by this Deed of Trust, have been paid in fu1l. You are hereby
directed to cancel this Deed of Trust, which is delivered hereby, aod to reconvey, without warrant)', all
the estate now held by you un:ier this Deed of Trust to the person or persons legally entitled thereto.
ii;.~" ..................... .
/,-Oe 6of 6!
:)U:illUll lU :11 UJ
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. ---
contour
engineering, PLLC
ADDENDUM TO TIR PLAT OF BROOKFIELD
FOR:
BROOKFIELD SHORT PLAT PHASE IV
!EXP'R~S· 0••3°'/' L :: ,. . ~~G,, ,)/ .)
AUGUST 2008
Prepared For:
JOHN SMITH
PO BOX 2670
RENTON, WA 98056
Prepared By:
Brett M. Allen, P.E.
Project # 08·013
r f,e,--eby !i!ctte that tNs Ston?1 Dr/Jifl?Jye PJ,:m tor fl8Qy_)(UEiD __ _:;,-:NC8T_ PiA r f!{}Ds ,"Jx!l f)t(,'f)t1tt:J oy rrrt~ ot under m;-st~xrv1:,;;on a,--:-d
rnt.Y!ts lhe st,:1:tJdtd of r.are Stid expe1t1b·e that is 11s-w ·:·{f :· .. ~~.\--:.':-.:r·y 1n this cornmu111ty ol ;:.vcies ... 51onal engil1t.'ilts. I I.Jf1dc1sta;;d that the
Cttv of V,;ive,"9-lY Place does n;Jt and wJ/1 not assume \:,t,i-t/ f~-:r ;'1,__, ::"!..,,ftfar:.Y1c;,~ 1u;f:Jbil1ty or performa:1ct1 c,t drainage ra,._r!Jt,es prepa1ed oy
Contt),x Engineering Pll.C" Thi$ .ar,a!;-s.'s rs based or, .:_,:.1.c·-:·: :::'::cJC>' i)if/?er svppJ,i;>d to, or ott.::iNXf by, CcrNour En9,/1et;"'nt':{1, PLlC 'fr1cse
ffi:x:umt.>rJts are re!t.'fft?CW wittltn t/ie tc>xt of tne anaf/;,·.-s. T! :,:' _.,,·_:/J'/ . .:::s h:;;s been JJf"r:JtJ<?f'ed utdfzmg prcx:edures and prac.tces withtn tlie
stEndard acce;;tc.'l-:1 p,ractfCes vr ttJe industry_
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engineering, PLLC
/\ugu~t 7, :2008
To: .John Smith &
PO Box2670
Renton, \VA 98056
'\liehad Chm
Centre Pointe Consultants. lac.
206 Railroad Ave.~.
Kent, WA 93032
Re: Brookfield Short Plat .IV -TIR Add,•ndum to Approved TIR for Brookfield Plat
This lctk'r wi II provide nn addendum tc 1!:c· ,1prr,\\ ed TIR for tlic· llrook!idd Plat in Renton
Washington prmided by Core E:nginecrin:c ,i:11<:d I 0-06-03. 111e ackkmJum is required because the
Bmoktield Short Plat JV is proposing Junl:,:r S<,hdividing of Lot 28 and 29 ,,l'the existing Brook/fold
Pia! into 3 Jots lone additional lotj. At '1:: ;,m:.: :i::1e Lot 15 of the flrookfidd Plat is being u1ilizcd for
an acce~s way to the ,.,,·ci'lt 1(, thJ.;.~ Bro1Jk!'ickl ! ! [ '!':<.'rt Plat in. conjunction with the dcYelnpmem of this
plat. Stom1water from Lot# 15 will 110\\ ,'r:iin h, 11,c proposed pond fr,r 1hc Bn,ciktkld Ill Short Plat.
l have attached a condensed version oi't!'.c I IR pr,,vided by Core Engineers fi:,r the Brnok!iclcl Plat
with this letter for reference. Based on the s'\i,1:n~ analysis the preexisting and dc,·elopcd conditiPns
will be the 7.163 acre original asswnpti,m. Th,· IJ,·,·elopcd conditions for the detention pond and water
qu,dit) were calculated by Core Engin,wing. bur specilk calculations were not provided. lt is
assumed rhc total lot area was calcula!c'd :ind t'1c lot impervious coverage was calculated utilizing 75%
impcrd0us cnv.:rnge based on maximun -1\1u\\:tb'....:-by zoning.
The re<lircclion of stormwatcr from lm I~ .,, par: of Brooldicld l ll Short Plat will reduce the overall
tributary area to tbe existing storm det,·m ion I'' ,nd :it the northcasr corner by approx imalcly 0.10 acres.
It is estimated that there will be n net decr,·:isc ,,((J 075 acres impervious and (Hl25 acres pcrvious
decrease to the pond. It is estimared 1h:u the Hr, ,,,f. :icld Shon plat IV will replace the proposed
imperdous surface of0.075 acres with t'1c :.c',li1i,,r1 of one residential 101 and \\ill not acid any
additional penious. The pond will ac\u;il[\ sec k>s pmposd tributary area and drainage as dcsit;ncd
with this llC\\ con!igu1:1tion. whik small.
It is my conclusion that with this analy,i<. d,,, de,dopcd tributary drainage IO the pond will have
decreased and thereftnL: additional pond dc:cmion or wctpond ,loragc is not warranted. Based on the
original TlR submitted b:,: the Core Enginccrin!c'· i: is as,umcd that the lot coverage estimate was
conscn-ctti,c and the actual impervious :irc;i u 1· the ,itc is below the dcsigned amount.
The improvcmemsrcquircd for the Bw, ,~ lid cl Slh,rt Plat IV arc very limited. Two driveways will be
relocated on Ilwac,, Place :-;E and wa\l'r ,C\\s'r ,1s,rn1 services will be provided for the additional lots.
Some minor lot grading aml building d-:n~PLtl,1 n ,.,fa garag'.' on the ex isling Lot ~8 will occur as part
of the short plat. ~o other utility cxtcn,iun, ;,re ,,·quired to our knowledge. Temporary erosion control
..
is n-Pt \t.'ry Cf1m1."\Iir..:11t.1,.;d :or thi:-; ln1 :~" ls ut' lnli..:t pt\Jt\.'.t'(un on \..'.Jtch h:,1;:,;i:1s \\ the
.;:f(:Ci~. \orrn;li cu1~strn-c1inn pra(tit..:-c;,;: c.::h'pms.'nb lib.: stn..'1,,'t ;,;'\1.cc1,in~ \\ilt h.; n.:quln:d lo
pn:n .. ·nt duv,:nstn .. ·arn migration of soils L·:·.:::i)n pond and th..: \\i..:tfuJnd \vi!l h;P,1...". b....: insp.::,cr..•d
alt1..:r cons:ruction to see if an; ,1dditiu1:.! ·: , ... Ji rn1.':1: !M:s migrah:d inh.) th..:· \V¢1pim\L If it ha'< the'H th1,,.•
detention pl)nd shnuld be n1alntt1ined It) r:1-.· :'u(,,kli:1t.·s s,:.;t in the mai'nU.:.'n.:.mc-.~ itgrecrncnL lI is nPt
:mtidpakd that if prupi.:r 'I (·,SC ffH.:a~ur-.·, ,:1< .. :l k<l that 1my significant ac...::umulations ._..,f si.;dlrn~nb
will occur .• \ TLSC plan is included w'!'.: ti:is .,,:,":ittal !,,r lhc C:I) ufRcnt<>n to re, icw as part of this
submiHaL
if ,it the time of ninstruction perm ii suk,i::t,il ,:. ,r 1hc site impnn crncnrs, it. is dcci,kcl that a full Tl R is
required aboYc and bt'y<md this adtk11drn1. t:k:i ': ,,an be prm·iJcd. lfy(lu h;!\c any questions or
ctmnncnts. tC"d free to cHll/em~Iil m\.." ut yi, s1· -:1,n\ s..'!Ht:nce.
Brett \1. Allen. P.E-
Principal/Projcct Engineer
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FINAL STORM DRAINAGE REPORT
Prepared by:
Reviewed by:
Date:
Core No.:
FOR
BROOKEFIELD
RENTON, \VASHINGTON
Stacia K. Schroeder, P.E.
David E. Cayton, P.E.
September 2003
02055 ! E>l'<I\!$ 5-27-05
!0-06-03
..
BROOKEFIELD
TABLE OF CONTENTS
I. Project Overview
II. Existing Conditions Summary
III. Off-site Analysis
A. Upstream Tributary Area
B. Bypass Area
C. Downstream Analysis
IV. Developed Conditions Sununary
A. Hydrologic Analysis
B. Detention Routing Calculation
C. Water Quality Volume Calculation
D. Emergency Overflow Spillway Sizing
E. Jailhouse Inlet Sizing
V. Temporary Sediment Pond
Core Design, Inc. Pagel
I. PROJECT OVERVIEW
The Brookefield Plat is located at l 050 Hoquiam Avenue NE in Renton, Washington
(see the attached vicinity map). This project includes 4 parcels consisting of 2 single-
family residences and outbuildings associated with a contracting business operating
onsite. The existing ground coverage varies from grasses and landscaping associated
with the existing homes fronting Hoquiam Avenue NE, to tall grasses with some trees
covering the remainder of the site.
The proposed project includes constructing 47 single-family residential lots with
associated roadways and utilities. One of the existing residences mentioned earlier will
remain on Lots 28 and 29. Half-street improvements, including utilities, curb, gutter, and
sidewalk, will be made to Hoquiam Avenue NE along the property's frontage.
The City of Renton requires Level 2 Flow Control and Basic Water Quality for the site.
The on-site generated runoff will be directed to a combination detention/wet pond located
within a storm drainage easement in the northeast corner of the property. All drainage
discharging from the pond will be piped 230+/-feet to the east via a 15' wide offsite
stonn drainage easement, before it enters Honey Creek.
Core Design, Inc. Page3
5
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FIG R 1: VICINITY MAP
DATE SEPTEMBER 2003
DRAWN SKS
APPROVED DEC
PROJECT MANAGER
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OUTFALL
EXISTING AND PROPOSED DRAINAGE
ROUTE FOR THE BROOKEF/ELD SITE
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1471 I NE 29111 no., #1Dl
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ENGINEERING • PLANNING. SURVEYING
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BROOKE:F!E:LD
JOHN SMITH & E.J. SCHMIDT
1050 HOOUIAM A 1.£ N£
R£NTON,_Jl'A 98055
DATE S£PT. 200J I SHEET OF
DESIGNED D£C
DRAWN D£C
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PROJECT NUMBER
02055
'
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,~, ,' ., •. < • J AgC ) o-. : / " ' :) .' ? 'Pi~s
' . . ' ";· n ... 1. . ..
J lnA
J.\11,1\ \ }?~ '"'ijMJ \ ~ "-!=_ II Jb..11. i f'
\
NW 1/4, NE 1/4 OF SEC. 10, nvP. 23N., RGE 5£, WM.
11 /!r,\.: I l_".Ji1 \U/ \\l. • ~rlA)\ i,~w""ji'-',..___~
----
-I~
I
I
----.. ('."• ~ '26's,,
. ,,,-AgC
_ \\\"-~ I
\ Bee \ 1
4 1
SCALE: 1 • • 2000'
1000' 2000' 4COO'
SHEET NO. 5
KING COUNTY AREA, WASHING TON
(MERCER ISLAND QUADRANGLE AND
PART OF SEATTLE SOUTH QUADRANGLE)
U.S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
~
~DESIGN
14711 NE 29111 Pltue, #IOI
8•1,."W, Woshlrtgl'on 98007
425.86!.78T7 R>~ 425.885.7903
ENGINEERING· PLANNING SUl?VEYING
SI TE SOILS /V1AP
BROOKEF/ELD
JOHN SMITH &: E.J. SCHMIDT
1050 HOQUIAM A 1£ NE
RENTON, WA 98055
DATE SEPT, 2003 I SHEET I OF
DESIGNED DEC
DRAWN DEC
1 1
PROJECT NUMBER
02055
II. EXISTING CONDITIONS SUMMARY
The existing 7.163ac site is covered by a combination ofpervious and impervious
surfaces including: houses and associated outbuildings, concrete and asphalt pads,
miscellaneous landscaping, pastnre, and a few trees. The site soils are classifies as
Alde1wood Series, AgC (see the attached Site Soils Map). Runoff naturally sheet flows
east-northeast across the site until it reaches Honey Creek. There are no wetlands,
streams, or hazard areas related to this proj eel.
Core Design~ Inc. Page4
III. OFF-SITE ANALYSIS
A. UPSTREAM TRIBUTARY AREA
There is no upstream area tributary to the subject site in the existing condition. However,
with the development of Hoquiam Avenue, the site will receive runoff from 0.217
additional acres (Landscape -0.073ac and Street -0.144ac). See the following
Upstream/Bypass Area figure. Runoff in the ditch along Hoquiam Ave and to the south
of the site will continue flowing south.
B. BYPASS AREA
The existing impervious area associated with Hoquiam Avenue (0.168ac -Street) already
bypasses the site along the frontage of the property. Likewise, the Brookefield project
will bypass 0.135acres of street and sidewalk runoff. See the following Upstream/Bypass
Area figure.
C. DOWNSTREAM ANALYSIS
The downstream analysis was performed on August 29, 2002.
Drainage from the site naturally sheet flows across the site in the east-northeast direction.
Runoff from the site continues via sheet flow easterly down a forested slope with heavy
underbrush for approximately 200 feet where it enters a seasonal creek, Honey Creek. At
this point, Honey Creek has a bank-to-bank width of approximately 5' -1 O' with an
inte1mittent free stone channel approximately 2' -5' wide. The stream was dry with no
evidence ofrecent surface water flows. Substantial debris was observed within the
stream. A neighbor on the east side of the creek said the creek contains consistent flows
through the winter until around May. Some moist soil was noted in areas. Recent
wetland delineation flagging was found north of the site.
Core Design, Inc. PageS
C. DOWNSTREAM ANALYSIS (CO;:,./T.)
continues flowing through a heavily forested, brnshy area for approximately 1,200 feet,
where it enters a 48" concrete storm drainage system in Duvall Avenue NE. At this
intake, the creek was approximately 1 O' -15' wide with no evidence of recent surface
flows. See the attached Downstream Tributary Area figure.
From Duvall Avenue NE, the creek continues flowing westerly via an underground
system within a commercial development near the intersection of Duvall Avenue NE and
NE Sunset Boulevard. The creek continues northwesterly through established channels
and eventually enters May Creek approximately 2 Y. miles from the site. See the attached
Downstream Tributary Area -2 figure.
No evidence of erosion or flooding was found during this downstream analysis.
Core Design, Inc. Page 6
~--"·; . .-•-•~ .. · ····=---,
~--!(··-·
-.' .:--:.:
_2750.8~
-··· ;:1~r,
-----···
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9 0:2 -mo ...... _ 0.
f'l I ,:,, X o =
0 ~:::o • Cl [Tl
0 Z [D
+>-_ ~ }>
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NEW LANDSCAPE
INCLUDED IN SITE CALCS
AS DEVELOPED UPSTREAM
0.073ac
_!':'_
NW 1/ 4, NE 1/ 4 OF SEC. 10, n'VP. 23N, RGE 5£, W.M
~
y::-I HRHKHBHIIU .UHDH/11/6881 HHNNH/Wlllfl/il! IIHt•g,1znum111~,rn~~ .... ~n,.,•
\
.:•:•:•:•:,:•:•:•:•:•:•:•:•:•:.:•:•:•,:•:•:•,:•:•:•:•:•:•:.•:•:-:•:•:•:•:•:•:,.;,.;;~.zo:lii·:•::49::i;·~O:·:•:•:•:.-:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:-:-:•:•:•:•:•:•:•,:•:•:•:•:•:•:. • ••• ••• ,,, .. , ••• ••• •• ••• ••• ••••• ••• ,,,.9.JY-1.l.l,P\,:,l,"I",; • • n • • n ••• ••• ••• ••• •• • • •••• • • n ••• ••• ·~··:.--•-•-
• .. ----,----1-• --4g4:3s-, --·---·-.. · .... -J-----j .. ' . "
' • l ' -· . /
7 \ :: : J~ r ~ 1 ~f : \ ~ · · ,, /<'T ~ :
21' I 121·
• I ; . • ·----·--· -r· -•-.----:-•
\
EXISTING PAVEMENT
NOT TRIBUTARY TO SITE
(ALREADY BYPASSING IN
A DITCH ALONG THE FRONTAGE)
0. 168ac
., .
NEW PAVEMENT
INCLUDED IN SITE CAL CS
AS DEVELOPED UPSTREAM
0. 144oc
I\
I·>, _-.:.,
4 ]
SCALE: 1 • -40'
020·~ acl'
•
N
~-
' '
cORE
~DESIGN
VED AREA)
-·l·•·-.---.. -·-,,.,=.c~,--_.
~'1 cz zo ;a .
[Tl"' i; =
,,. ;a
[lJ [Tl rm Cl ,,. ~,,
o-:fc -,
"'· ;a ['1 0 XO
0
''
1-1711 NE l?tl, Plaao, #10 I
-._J
Bel/ .. wr,, Wa:J,inEIIDn 98007
425.885.7877 Fa~ 425.885.7963
ENGINEERING PLANNING· SURVEYING
UPSTREAM/BYPASS AREA
BROOKE:FIE:LD
JOHN SMITH & E.J. SCHMIDT
1050 HOQUIAM A I£ NE
RENTVN,_ WA 98055
DATE SEPT, 200.J ' SHEET I OF
DESIGNED DEC
DRAWN DEC
1 1
PROJECT NUMBER
02055
\
' ' ,,
.,
.... .,,
I,;_'!' ,,:~~!
'£) 0
1 ~, ,,.
L3 0
" "' ~ z
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w
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0 w z
(.'.)
(I)
w
0
j
<(
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NW 1/ 4, NE 1/ 4 OF SEC. 10, TWP. 23N., RGE 5£, W.M.
SCALE 1:24000
1 t O l MILE
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
.5 0 l KILOMETER
CONTOUR INTERVAL 25 FEET
NATIONAL GEODETIC VERTICAL DATUM OF 1929
ROAD CLASSIFICATION
Heavy-duty __ ·=== Light-duty ___ ··-··
Medium-duty
Q u. s. Route
Unimproved dirt=====··
Q State Route
Q Interstate Route
MERCER ISLAND, WASH.
N4730-W 12207.5/7.5
!
l
SCALE: ,. -2000'
10~
coif
~DESIGN
T
147! I NE 29th Pl<:>1:$, #!01
s.11 • ...,., Wci,,...gro,, 98007
425.885.7877 Fa/( 425.885.79o3
ENGINEERING , PlANNING • SURVEYING
DOWNSTREAM TRIBUTARY AREA-2
BROOKEF!ELD
JOHN SMITH & E.J. SCHMIDT
DATE
1050 HOQUIAM A I£ NE
RENTON, WA 98055
SEPT, 2003 I SHEET
DESIGNED OEC 1
OF
1
DRAWN OEC PROJECT NUMBER
02055
IV. DEVELOPED CONDITIONS SUMMARY
A. HYDRAULIC ANALYSIS
The hydraulic analysis was conducted using the King County Runoff Time Series
software (KCRTS) methodology. The site soils, identified as Alderwood Series (AgC),
correlate to the KCRTS group Till. The Landsburg rainfall region was used, with a
regional scale factor of 0.82. The zoning for the Brookefield site is R-8. Per Table
3.2.2.E in the 1998 KCSWDM, the effective impervious fraction for >4 DU/AC is 0.80.
The impervious area for the existing site is 0.915ac. The effective impervious area
therefore, is 0.80*0.9I5ac~0.732ac. Using the predeveloped effective impervious area
and pervious area shown in the table below, a predeveloped time series was generated.
Upon completion of the final improvements, the developed timeseries was manufactured
in much the same way. The developed site's impervious area was arrived at using the
1998 King County Surface Water Drainage Manual (KCSWDM), Section 3.2.2. Using
this criteria and applying it to King County Code (K.C.C. 21A.12.03) for Urban
Residential -R-8 zoning, the maximum impervious coverage for the lots is interpolated to
be about 75%.
Pre-Developed Area Developed Area Hoquiam Ave
(Acres) (Acres) Developed (Acres)
Till Forest 0.650 --
Till Pasture 4.129 --
Till Grass 1.652 1.486 0.073
Impervious-Roofs 0.732 4.104 -
Impervious--1.295 0.144
Streets, SW, etc.
Impervious--0.278 -
SD Pond
Total 7.163 7.163 0.217
Note: The impervious area was measured directly from the existing site plan using a planimeter.
Core Design, Inc. Page 7
3.2.2 KCRTS/RUNOFFFILES METHOD-GENERATING TIME SERIES
·,.,_,.,:.t..,·, -,:. ·.·\::-':,:{:: . .tr::.::.. · i--,~r .:c_:.:r ·:.::_-_; ·:\·,_ ... . _ -. -: · .. ,. , . . , -·-.:,'.:::: .-'.?:t:..". :.: .-.:, •. ";;::,"~c:.L:!.' _:. _ ·: · -:.:-,,:2,~:. : , :'"';:.-·.c:-;;:_~,, :;:;_J;:L ·, _ _,, ,;::-;.:: ·.-:-: ,. , '. -:;..-. ,::"--_. _ c:1 ... ,.:; • •
: c";'~····TABLE12.2.B'.EQUIVALENCE llE'l'.WEEN·scsson; TYRES'ANffK<3RTSS0h. fflES':,L ..
:. ·--::-"\":-:_ .. ,,,. '·?. ·:,-. :,. ,·.-.::_ ._ -_:_ ·:;;:,'~~;,,;;:( _.:;:~-~-.";--··";··;.:-',.a;:'._;': ; .. ',:",~:.";--:·;:~:;".:., c; ·,-;,, __ :---··-, .,~----.. : :~~·-/r·: :·' : ,,c;_;,:-; .. ~-:~i,::t.~.:-:.'.·O:-o);_;;:::,j;tc' .·_ ;·,. -: '·'.-.;\:\. ·;,e,,•:_. .. :·::,:::··:.
SCS Soil Type scs KCRTS Soil Notes
Hydro logic Group
Soil Group
Aldeiwood (AgB, AgC, AgD) e Till
Arents, AldelWOod Material (AmB, Ame) e Till
Arents, Everett Material (An) B Outwash 1
Beaustte (BeC, BeD, BeF) C Till 2
Bellingham (Bh) D Till 3
Briscot (Br) D Till 3
Buckley (Bu) D Till 4
Earlmont (Ea) D THI 3
Edgewick (Ed) C Till 3
Everett (EvB, Eve, EvD, EwC) A/B Outwash 1
Indianola (lnC, lnA, lnD) A Outwash 1
Kltsap(KpB,KpC,KpD) C nn
Klaus (Kse) C Outwash 1
Neilton (NeC) A Outwash 1
Newberg (Ng) B Till 3
Nooksack (Nk) e Till 3
Norma (No) D nu 3
Orcas (Or) D Wetland
Oridia (Os) D Till 3
Ovall (Ove, OvD, OvF) e Till 2
Pilchuck (Pc) C Till 3
Puget (Pu) D Till 3
Puyallup /Pv) B nu 3
Ragnar (Rae, RaD, Rae, RaE) B Outwash 1
Renton (Re) D Till 3
Salal (Sa) C nu 3
Sammamish (Sh) D Till 3
Seattle (Sk) D Wetland
Shalcar (Sm) D Till 3
Si (Sn) C Till 3
Snohomish (So, Sr) D Till 3
Sultan (Su) C Till 3
Tukwila (Tu) D . Till 3
Woodinville (Wo) D · Till 3
Notes:
t. Where outwash soils are saturated or underlain at shallow depth ( <5 feet) by glacial till, they should
be treated as till soils.
2. These are bedrock soils, but calibration of HSPF by King County DNR shows bedrock soils to have
similar hydrologic response to till soils.
3. These are alluvial soils, some of which are underlain by glacial till or have a seasonally high water
table. In the absence of detailed study, these soils should be treated as till soils.
4. Buckley soils are formed on the low-permeabiltty Osceola mudftow.
assumed to be similar to that of till soils.
Hydrologic response is
1998 Surface Water Design Manual 9/1/98
SECTION 3.2 RUNOFF COMPUTATION AND ANALYSIS METHODS
FIGURE 3.2.2.A RAINFALL REGIONS AND REGIONAL SCALE FACTORS
ST 1.1
ST 1.1
ST1.0
Rainfall Regions and
Regional Scale Factors
I" , , Incorporated Area
--= River/Lake
Major Road
9/1/98
LA 1.0
1998 Surface Water Design Manual
3-22
SECTION 3.2 RUNOFF COMPUTATION AND ANALYSIS METHODS
9/1/98
· ... :, .. ·:-· ·.-:··,',, ... ,. .... ,·,-. .::C·····' ~ -·-: .', ,., . ·--. .,, "\· ••• ~ .. -_ ... ". .· : .. · ·,:.-;··_,,'.'"'\ ' ... __ .... _.: . "' ..
TABLE3.2.2;D PERCENT IMPERVIOUS COVERAGE:FOR EXISTING RESIDENTIALAREAS .. · .. :.~ .... ·, ·, .. ··· ~ : . . . ' -. ' . . . •' . " '" . -.'\)" .,.,.. . " '. ~-' . .-: ·' . ''": . ,. .. ' ' . . _.,
'
Dwelling Units/Gross % lmperviousC1) Dwelling Units/Gross % Impervious
Acre Acre
1.0 DU/GA 15i2) 4.5DU/GA 46
1.5 DU/GA 20 5.0 DU/GA 48
2.0DU/GA 25 5.5 DU/GA 50
2.5 DU/GA 30 6.0 DU/GA 52
3.0 DU/GA 34 6.5 DU/GA 54
3.5 DU/GA 38 7.0 DU/GA 56
4.0 DU/GA 42 7.5 DU/GA 58
For PUDs, condominiums, apartments, commercial businesses, and
industrial areas, percent impervious coverage must be computed.
Notes:
Ill Includes streets and sidewalks.
(2} These figures should be adjusted by the effective impervious fraction given in Table 3.2.2.E, if
applicable. Values from Table 3.2.2.E may be interpolated as necessary.
.. :. ' ' ,' ' ; ·.·: .•.. } ·~";~1':E:.t22.E EFFECTIVE IMPERVIOUS FRACIIQNW ·•·•··•·•··. < · .
Land Use
Commercial, Industrial, or Roads with Collection System
Multi-Family or High Density Single Familyi'1 (>4 DU/GA)
Medium Density Single Family1'1 (4 DU/GA)
Low Density Single FamilyC2l (1 DU/GA)
Rurai21 ( < 1 DU/GA)
Gravel/Dirt Roads and Parking Lots, Roads without
Collection System
Notes:
Predevelopment Post-Development
0.95 1.00
a.so« 1.00131
0.66 1.00<3)
0.50 1.00131
0.40 1.oo<31
0.50 0.50
111 The effective impervious fraction is the fraction of actual total impervious area connected to the
drainage system. These figures should be used in the absence of detailed surveys or physical
inspection (e.g., via pipe, channel, or short sheet flowpath).
{2) Figures for residential areas include roadways.
131 Where downspout infiltration is used, roofs are not counted as impervious area when sizing the flow
control facility. Roofs are considered grass where downspouts are dispersed in rural residential
development, or where dispersed flowpaths exceed 50 feet in urban residential development (see
Section 5.1.2 for limit.ations on roof downspout dispersion).
J 998 Surface Water Design Manual
3-28
21A.12.030 ZONING
21A 12.030 A. Densities and dimensions -residential zones.
RESIDENTIAL
z RURAL 0 URBAN URBAN
N RE-RESIDENTIAL
E SERVE • :(._-10
STANDARDS AA-2.5 RAe5 RA-10 RA-20 UR R•1 R-4 R-6 (:) R•12 R-18 R•24
(17)
Base Density: 0.2 0.2 0.1 0.05 0.2 1 • • 8 12 18 24
Dwelling du/ac du/ac du/ac du/ac du/ac du/ac du/ac du/ac du/ac · du/ac du/ac du/ac
Unit/Acre 121) (6)
·-
115)
Maximum Density: 0.4 0.4 6 9 12 18 27 36
Dwelling Unit/Acre du/ac du/ac du/ac du/ac du/ac du/ac du/ac du/ac
11) (20) (20) (22)
Minimum Density: 85% 85% 85% 80o/• 75"4 70%
12) (12) (12) (121 (181 (18) (18)
(18) (18) (18)
(23) .
. •
Minimum Lot Area 1.875 l.7~ ac 7.5 ac 15ac
(13) ac
Minimum Lot 135ft 135ft 135ft 135ft 35ft 35ft 30 ft 30ft 30ft ":'JO ft 30ft 30ft
Width (7) (7)
(31
Minimum Street 30 ft 30 ft 30ft 30 ft 30 ft 20ft 10 ft 10ft 10ft 10 ft 10ft 10ft
Setback
(9) (9) (9) (9) 17) (7) (8) (8) (8) (8) (8) 18)
(31
Minimum Interior 5ft 10ft 10 ft 10 ft 5 ft • ft 5 ft 5 ft 5 ft 'ft 5ft 5ft
Setback (9) (91 (9) 19) 17) (7) (10) (10) (10)
(3)(16)
Basa Height 40 ft 40 ft 40ft 40 ft 35ft 35ft 35ft 3"ft 35 ft 60 ft ..... 60ft
(4) 45ft •• ft 80ft 80ft
(14) (14) (14) (14)
Maximum \ 25% 20% 15% 12.5% 30% 30% 55% 70% ~ 85% 85% 85%
Impervious i/ (11) (11) (11) (11} (11) (11)
Surface: (19) (19) (19) (19)
P&reertaga (5) .. B. Development cond1t1ons.
1. This maximum density may be achieved only through the application of residentia.1 density
incentives in accordance with K.C.C. chapter 21A.34 or transfers of density credits in accordance with
K.C.C. chapter 21A.36 or 21A.55, or any combination of density incentive or density transfer. Maximum
density may only be exceeded in accordance with K.C.C. 21A.34.040F.1.g.
2; Also see K.C.C. 21A.12.060.
3. These standards may be modified under the provisions for zero-lot-line and townhouse
developments.
(King County 3-2001)
21A-105
R-48
..
du/ac
72
dulac
65%
(18}
30 ft
10 ft
(8)
• ft
(10)
60ft
80ft
(14)
90%
B. DETENTION ROUTING CALCULATION
The detention routing calculation, a continuation of the hydraulic analysis, uses KCRTS
to match the pre-developed outflow to the developed outflow by providing a site-specific
amount of detention. The following printout shows a 72, 792cf pond in conjunction with
the documented control structure will provide enough live storage (detention) to satisfy
this requirement. As designed, the proposed pond will provide 73,037cf of live storage
(see the following Pond Volume Worksheet).
Core Design, Inc. Page 8
Flow Frequency Analysis
Time Series File:predev.tsf
Project Location:Landsburg
---Annual Peak Flow Rates--------Flow Frequency Analysis-------
Flow Rate Rank Time of Peak -Peaks Rank Return Prob
(CFS) (CFS) Period
0.748 3 2/09/01 2:00 1. 47 1 100.00 0.990
0.265 8 12/03/01 17:00 0.852 2 25.00 0. 960
0. 514 5 2/28/03 16:00 0.748 3 10.00 0.900
0.578 4 8/26/04 1: 00 0.578 4 5.00 0.800
0.477 6 1/05/05 10:00 0. 514 5 3.00 0.667
0.459 7 10/22/05 17:00 0.477 6 2.00 0.500
0.852 2 11/21/06 9:00 0.459 7 1.30 0.231
1.47 1 1/09/08 7:00 0.265 8 1.10 0.091
Computed Peaks 1.27 50.00 0.980
Flow Frequency Analysis
Time Series File :dev. tsf
Project Location:Landsburg
---Annual Peak Flow Rates--------Flow Frequency Analysis-------
Flow Rate Rank Time of Peak --Peaks Rank Return Prob
(CFS) (CFS) Period
1. 72 7 2/09/01 2:00 3.01 1 100.00 0.990
1.12 8 12/03/01 17:00 2.15 2 25.00 o. 960
1. 96 4 9/10/03 15:00 2 .11 3 10.00 0.900
2.15 2 8/26/04 1:00 1. 96 4 5.00 0.800
1. 79 6 10/28/04 18:00 1. 86 5 3.00 0.667
1. 86 5 10/22/05 17:00 1. 79 6 2.00 0.500
2.11 3 10/26/06 3:00 1. 72 7 1. 3 0 0.231
3.01 1 1/09/DB 7:00 1.12 8 1.10 0.091
Computed Peaks 2.72 SO.OD 0.980
•
Retention/Detention Facility
Type of Facility:
Side Slope:
Pond Bottom Length:
Pond Bottom Width:
Pond Bottom Area:
Top Area at 1 ft. FB:
Effective Storage Depth:
Stage O Elevation:
Storage Volume:
Riser Head:
Riser Diameter:
Number of ·orifices:
Detention Pond
0.00 H:lV
150.00 ft
67.40 ft
10110. sq. ft
10110. sq. ft
0.232 acres
7.20 ft
458.80 ft
72792. cu. ft
1. 671 ac-ft
7.20 ft
18.00 inches
3
Full Head Pipe
Orifice # Height
(ft)
Diameter
(in)
2.21
1. 65
1. 34
Discharge
(CFS)
0.355
0 .142
0.072
Diameter
(in)
1 0.00
2 3.50
3 5.00
Top Notch Weir: None
Outflow Rating Curve: None
Stage Elevation Storage
(ft) (ft) (cu. ft) lac-ft)
0.00 458.80 0. 0.000
0.02 458.82 202. 0.005
0.05 458.85 506. 0. 012
0.07 458.87 708. 0.016
0.09 458.89 910. 0. 021
0.12 458. 92 1213. 0.028
0.14 458.94 1415. 0.032
0.16 458. 96 1618. 0.037
0.18 458.98 182 0. 0.042
0.33 459 .13 3336. 0.077
0.47 459.27 4752. 0.109
0.61 459.41 6167. 0 .142
0.75 459.55 7583. 0.174
0.89 459.69 8998. 0.207
1. 03 459.83 10413. 0.239
1.17 459.97 1182 9. 0. 272
1. 31 460 .11 13244. 0.304
1. 45 460.25 14660. 0.337
1.60 460.40 16176. 0.371
1. 74 460.54 17591. 0.404
1. 88 460.68 19007. 0.436
2.02 460.82 20422. 0.469
2.16 460.96 21838. 0.501
2.30 461.10 23253. 0.534
2.44 461.24 24668. 0.566
2.58 461. 3 8 26084. 0.599
2.73 461.53 27600. 0.634
10/6/2003 Core Design, Inc.
4.0
4.0
Discharge
(cfs)
0.000
0.020
0. 028
0.035
0.040
0.045
0.049
0.053
0.057
0.076
0.090
0.103
0.115
0 .125
0.135
0 .143
0.152
0.160
0.167
0.175
0.182
0.188
0.195
0.201
0.207
0.213
0.219
Percolation
(cfs)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
o.oo
Surf Area
(sq. ft)
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
10110.
1 ofS
•
2.87 461. 67 29016. 0.666 0.224 0.00 10110.
3.01 461.81 3 04 31. 0.699 0.230 0.00 10110.
3.15 461.95 31847. 0.731 0.235 0.00 10110.
3.29 462.09 33262. 0.764 0.240 0.00 10110.
3.43 462.23 34677. 0.796 0.245 0.00 10110.
3.50 462.30 35385. 0.812 0.248 0.00 10110.
3·. 52 462.32 35587. 0.817 0.249 0.00 10110.
3.53 462.33 35688. 0.819 0.251 0.00 10110.
3.55 462.35 35891. 0.824 0.255 0.00 10110.
3.57 462.37 36093. 0.829 0.259 0.00 10110.
3.59 462.39 36295. 0.833 0.265 0.00 10110.
3.60 462.40 36396. 0.836 0.271 0.00 10110.
3.62 462.42 36598. 0.840 0.278 0.00 10110.
3. 64 462.44 36800. 0.845 0.280 0.00 10110.
3.78 462.58 38216. 0.877 0.297 0.00 10110.
3.92 462. 72 39631. 0.910 0.310 0.00 10110.
4.06 462.86 41047. 0.942 0.322 0.00 10110.
4.20 463.00 42462. 0.975 0.333 0.00 10110.
4.34 463 .14 43877. 1. 007 0.344 0.00 10110.
4.48 463.28 45293. 1.040 0.354 0.00 10110.
4.63 463.43 46809. 1.075 0.363 0.00 10110.
4.77 463.57 48225. 1.107 0 .372 o.oo 10110.
4 .91 463.71 49640. 1.140 0.381 0.00 10110.
5.00 463.80 50550. 1.160 0. 3 87 0.00 10110.
5.01 463.81 50651. l.163 0.388 0.00 10110.
5.03 463.83 50853. 1.167 0.390 0.00 10110.
5.04 463. 84 50954. 1.170 0 .392 0.00 10110.
5.06 463.86 51157. 1.174 0 .396 0.00 10110.
5.07 463. 87 51258. 1.177 0.400 0.00 10110.
5.08 463.88 51359. 1.179 0.405 0.00 10110.
5 .10 463.90 51561. 1.184 0.408 0.00 10110.
5 .11 463.91 51662. 1.186 0.410 0.00 10110.
5.25 464. 05 53078. 1. 218 0.426 0.00 10110.
5.39 464.19 54493. 1. 251 0.440 0.00 10110.
5.54 464.34 56009. 1. 286 0.453 0.00 10110.
5.68 464.48 57425. 1.318 0.465 0.00 10110.
5.82 464.62 58840. 1. 351 0.476 0.00 10110.
5.96 464.76 60256. 1. 383 0.487 0.00 10110.
6.10 464.90 61671. 1.416 0.497 0.00 10110.
6.24 465.04 63086. 1.448 0.507 0.00 10110.
6.38 465.18 64502. 1. 481 0.517 0.00 10110.
6.52 465.32 65917. 1. 513 0.527 0.00 10110.
6.66 465.46 67333. 1.546 0.536 0.00 10110.
6.81 465.61 6 8 84 9. 1. 581 0.545 0.00 10110.
6.95 465.75 70265. 1. 613 0.554 o.oo 10110.
7.09 465.89 71680. 1.646 0.563 0.00 10110.
7.20 466.00 72792. 1.671 0.570 0.00 10110.
7.30 466.10 73803. 1.694 1. 040 0.00 10110.
7.40 466.20 74814. 1.717 1. 890 0.00 10110.
7.50 466.30 75825. 1.741 2.990 0.00 10110.
7.60 466.40 76836. 1.764 4.290 0.00 10110.
7.70 466.50 77847. 1.787 5.760 0.00 10110.
7.80 466.60 78858. 1.810 7.200 0.00 10110.
7.90 466.70 79869. 1.834 7.730 0.00 10110.
8.00 466.80 80880. 1.857 8.230 o.oo 10110.
8.10 466.90 81891. 1. 880 8.690 0.00 10110.
8.20 467.00 82902. 1. 903 9 .140 0.00 10110.
1016/2003 Core Design, Inc. 2of5
8.30 467.10 83913, l. 926 9.560 0.00 10110.
8.40 467.20 84924, 1. 950 9. 960 0.00 10110.
8.50 467.30 85935. 1. 973 10.340 0.00 10110.
8.60 467.40 86946. 1. 996 10.720 0.00 10110.
8.70 467.50 87957. 2.019 11. 070 0.00 10110.
8.80 467. 60 88968. 2.042 11.420 0.00 10110.
8.90 467. 70 8997 9. 2.066 11. 760 0.00 10110.
9.00 467. 80 90990. 2.089 12.080 0.00 10110.
9.10 467.90 92001. 2. 112 12.400 0.00 10110.
Hyd Inflow Outflow Peak Storage
Target Cale Stage Elev (Cu-Ft) (Ac-Ft)
l 3.01 ******* 2.35 7.44 466.24 75238. 1. 727
2 2.15 0.85 0, 21 2.62 461. 42 26499. 0.608
3 2 .11 ******* 0.23 2. 94 461.74 29742. 0.683
4 1. 96 ******* 0.18 1. 88 460.68 18980. 0.436
5 1. 86 ******* 0.22 2.84 461.64 28737. 0.660
6 1. 79 ******* 0. 21 2.40 461.20 24231. 0.556
7 1. 72 ******* 0.81 7.25 466.05 73317. 1. 683
8 1.12 ******* 0.16 1. 49 460.29 15028. 0.345
10/6/2003 Core Design, Inc. .3 of5
Route Time Series through Facility
Inflow Time series File:dev.tsf
Outflow Time series File:RDOUT
Inflow/Outflow Analysis
Peak Inflow Discharge:
Peak Outflow Discharge:
Peak Reservoir Stage:
Peak Reservoir Elev:
Peak Reservoir Storage:
3.01 CFS at
2.35CFSat
7. 44 Ft
466.24
75238.
Ft
cu-Ft
1.727 Ac-Ft
7:00 on Jan 9 in Year 8
8:00 on Jan 9 in Year B
Flow Duration from Time Series File:rdout.tsf
Cutoff Count Frequency CDF Exceedence_Probability
CFS % % %
0.012 38829 63.322 63.322 36.678 0.367E+OO
0.035
0.057
0.080
0.103
0 .126
0 .149
0 .172
0.195
0.218
0.241
0 .263
0.286
0.309
0.332
0.355
0.378
0.401
0.424
0.447
0.469
0 .492
0.515
0.538
0.561
0.584
0.607
0.630
0.653
0.675
0.698
0. 721
0.744
0.767
0.790
0. 813
10/6/2003
4800
4808
4536
3062
1984
1242
796
470
303
214
68
28
34
31
26
20
8
7
9
7
9
11
7
7
2
0
0
0
0
1
0
0
0
0
0
7.828
7. 841
7. 397
4. 993
3.235
2.025
1. 298
0.766
0 .494
0.349
0 .111
0.046
0.055
0.051
0.042
0.033
0.013
0. 011
0.015
0. 011
0.015
0.018
0. 011
0. 011
0.003
0.000
0.000
0.000
0.000
0.002
0.000
0.000
0.000
0.000
0.000
71.150
78.991
86.388
91.381
94.617
96. 642
97.940
98.707
99.201
99.550
99.661
99.706
99.762
99.812
99.855
99.887
99.901
99.912
99.927
99.938
99.953
99. 971
99.982
99.993
99.997
99.997
99.997
99.997
99.997
99.998
99.998
99.998
99.998
99.998
99.998
28.850
21.009
13.612
8.619
5.383
3.358
2.060
1. 293
0.799
0.450
0.339
0. 294
0.238
0.188
0 .145
0 .113
0.099
0.088
0.073
0.062
0.047
0.029
0.018
0.007
0.003
0.003
0.003
0.003
0.003
0.002
0.002
0. 002
0. 002
0. 002
0.002
Core Design, Inc.
0.289E+OO
0.210E+OO
0.136E+OO
0.862E-01
0.538E-01
0.336E-01
0.206E-01
0.129E-01
0.799E-02
0.450E-02
0.339E-02
0.294E-02
0.238E-02
0.188E-02
0.145E-02
0 .113E-02
0.995E-03
0.881E-03
0.734E-03
0. 620E-03
0.473E-03
0.294E-03
0.179E-03
0.652E-04
0.326E-04
0. 326E-04
0. 326E-04
0.326E-04
0.326E-04
0. 163E-04
0.163E-04
0.163E-04
0.163E-04
0.163E-04
0.163E-04
4 of5
•
Duration Comparison Anaylsis
Base File, predev.tsf
New File, rdout.tsf
Cutoff Units: Discharge in CFS
-----Fraction of Ti:ne--------------Check of
Cutoff Base New %Change Probability
0.238 0.51E-02 0.50E-02 -1. 3 0.51E-02
0.285 0.31E-02 0.30E-02 -] . 2 0. 31E-02
0.332 0.18E-02 0.19E-02 6.5 O.lSE-02
0.379 0.12E-02 0. llE-02 -6.8 0.12E-02
0.426 0.85E-03 0.85E-03 0 .o 0.85E-03
0.474 0.57E-03 0.57E-03 0 .o 0.57E-03
0.521 0.36E-03 0.29E-03 -18. 2 0.36E-03
0.568 0.24E-03 0.33E-04 -86 .7 0.24E-03
0.615 0.16E-03 0.33E-04 -80.0 0.16E-03
0.663 0.98E-04 0.33E-04 -66.7 0.98E-04
0.710 0.49E-04 0.16E-04 -66.7 0.49E-04
0.757 0.16E-04 0.16E-04 0.0 0.16E-04
0.804 0.16E-04 0.16E-04 0 .o 0.16E-04
0.851 0.16E-04 O.OOE+OO -100.0 0.16E-04
Maximum positive excursion= 0.065 cfs 8. 7%)
occuring at 0.748 cfs on the Base Uata;predev.tsf
and at 0.813 cfs on the New Data:rdout.tsf
Maximum negative excursion= 0.153 cfs (-21.4%)
occuring at 0.719 cfs on the Base Data:predev.tsf
and at 0.565 cfs on the New Data:rdout.tsf
9/10/2003 Core Design, l11c.
Base
0.238
0.285
0.332
0.379
0.426
0.474
0.521
0.568
0.615
0.663
0. 710
0.757
0.804
0.851
Tolerance-------
New %Change
0.237 -0.2
0.281 -1. 2
0.336 1. 2
0. 372 -1. 8
0.428 0.3
0.475 0.3
0. 511 -2.0
0.533 -6.2
0.542 -12.0
0.555 -16.3
0.565 -20.4
0. 813 7.4
0.813 1.1
0. 813 -4.5
5 ofS
' ' '
EXCEEDENCE PROBABILITY CURVE
CORE JOB NO. 02055
'
Sediment Storag
Wetpool
(Dead Storage)
e
:( WQ Water Surfac
Begin Detention
Detention
(Live Storage)
ELEVATI01'
453.80
454.80
455.00
456.00
457.80
457.80
458.80
458.80
460.00
462.00
464.00
466.00
POND VOLUME CALCULATIONS
CORE#02055
Brookeficld Water Quality/Detention Pond
CO:MBINED INCREMENTAL
CELL I CELL2 CELLS VOLUME
SF SF SF CF
'2,,759 0
2,436 0 2,436
· 2,492 5,320 7,812 1,025
2,672 5,320 7,992 7,902
2,759 5,320 8,079 14,464
8,358 0
8,854 8,606
8,854
9,344 10,919
10,087 19,431
10,689 20,776
11,222 21,911
TOTAL WETPOND VOLUME
* All areas were measured using a planimete~.
TOTAL
VOLTJMl
CF
NIA
NIA
31,997
10,919
30,350
51,126
73,037
105,034
•
SECTION 5.3 DETENTION FAOLITIES
'c
C
0
" " ..
~
" Q.
.;
" ~
" :i:i ::,
.!:!.
0
9/1/98
Riser Overflow
The nomograph in Figure 5.3.4.H can be used to determine the head (in feet) above a riser of given
diameter and for a given flow (usually the JOO-year peak flow for developed conditions).
FIGURE 5.3.4.H RISER INFLOW CURVES
100
1 0
0.1 \.\-0 .S 1
HEAD IN FE T (measured from crest of riser)
Owei,=9.739 DH 312
Qorifice=3,782 D 2 H 112
Q ~n cfs, D and H in feet
SJ_ope change occurs at weir-orifice transifion
10
1998 Surface Water Design Manual
5-50
•
C. WATER QUALITY VOLUME CALCULATION
The water quality volume for Brookfield was calculated using the King County Surface
Water Design Manual (KCSWDM), 1998 Edition, pages 6-68 to 6-71.
Vb= f*(0.9A; + 0.25A,g + O.IOAtf+ O.lOA 0 )*(R/12)
Where,
Thus,
Vb= wetpool volume (cf)
f = volume factor
A;= area of impervious surface (sf)
Atg = area of till soil covered with grass ( sf)
A,r = area of till soil covered with forest ( sf)
A 0 = area of outwash soil covered with grass or forest
R = rainfall from mean annual storm (inches)
(refer to the attached precipitation graph)
vb= 3[(0.9(253,563) + o.25(67,910))(0.48/12)l
vb= 29,423cf
As designed, the proposed pond will provide 31,997cf of dead storage (see the Pond
Volume Worksheet in Section IV-B of this report).
Core Design, Inc. Page9
•
6.4. l WETI'ONDS -BASIC AND LARGE -METHODS OF ANALYSIS
FIGURE 6.4.1.A PRECIPITATION FOR MEAN ANNUAL STORM IN INCHES (FEET)
ST 1.1
0.54"
(0.045')
i:~ Incorporated Area
--c:::i River/Lake
Major Road
0.47"
Io. 03 9, l
0.47·
(0.039')
NOTE: Areas east of the easternmost isop!uvial should use 0.65
inches unless rainfall data is available for the location of interest
2" Toe mean annual storm is a ccnceptuaJ storm found
by dividing the annual precipitation by the total number
of stonn events per year
ST
LA
(0.047')
result, generates large amounts of runoff. For this application, till soil types include Buckley and
bedrock soils, and alluvial and outwash soils that have a seasonally high water table or are underlain at
a shallow depth (less than 5 feet) by glacial till. U.S. Soil Conservation Service (SCS) hydrologic soil
groups that are classified as till soils include a few B, most C, and all D soils. See Chapter 3 for
classification of specific SCS soil types.
1998 Surface Water Design Manual 9/1/98
6-69
.. .
D. EMERGENCY OVERFLOW SPILLWAY CALCULATION
The width and depth of the emergency overflow spillway was designed based on the 1998
KCSWDM, Section 5.3.1.2.
Where,
Therefore,
L = [Q1oo / (3.21H312 )] -2.4H or 6 feet minimum
Q10o = peak flow for the umnitigated 100-year runoff event (3.0lcfs)
H = height of water over weir (0.3ft)
L = [3.01/(3.21 *0.3 312 )] -2.4* 0.3 = 4.99ft
L = 6.0 ft
Core Design, Inc. Page 10
• •
E. JAILHOUSE INLET SIZING
The length of the jailhouse weir was sized using the equation for a rectangular, sharp-
crested weir (1998 KCSWDM, page 5-46).
Where,
Therefore,
Q = C(L-0.2H)H312
or
L = Q/CH312 + 0.2H
Q = I 00-year unmitigated developed flow (3.01 cfs)
C = 3.27 + 0.4H/P (H=0.3 & P=466.50-458.80 = 7.7)
Note: H & Pare shown on Figure 5.3.4.E of the KCSWDM
L = length of jailhouse weir
Note: L must be <50% of the entire catchbasin circumference
D = inside catchbasin diameter ( 4.5ft)
(II*D = 3.14*4.Sft = 14.137ft >>>> 50%* 14.137ft = 7.06ft)
L = 3.0l/[(3.29*(0.3 312
)] + 0.2(0.3)
L = 5.63-ft < 7.06ft ---OK
Core Design, Inc. Page 11
. '
V. TEMPORARY SEDIMENT POND
The designed water quality/detention pond will be used for temporary erosion and
sedimentation control during construction. The temporary sediment pond needs to have a
minimum surface area based on the following equation (per KCSWDM, 1998 edition,
pages D-28 to D-31 ):
SA=FS(Q2Ns)
FS (Factor of Safety)= 2 (recommended vallle)
Q2 (Dev 2-yr flow)= 1. 79cfs
V s=0.00096ft/s (recommended value)
SA =3,730sf
As designed, the water quality/detention pond more than meets this requirement.
The 12" riser pipe was sized to pass the 10-year flow, 2.1 lcfs with 1.0' of head (see
Figure 5.3.4.H from the KCSWDM). Likewise, a 3.45-in diameter, dewatering orifice
will discharge the required amount based on 8,079sf of pond surface area and 2.8ft of
head (see page D-29 of the KCSWDYI). The 6' wide emergency spillway with 0.3ft of
depth, was designed to pass the 100-yr flow (3.0lcfs). The final point of discharge for
the temporary sediment pond will also be to Honey Creek.
Core Design, Inc. Page 12
~ .
SECTION 5.3 DETENTION FACILITIES
:;:;-
C:
0 u a, ..
~ a,
C. -a,
a, -u :;;
:, .e.
0
911/98
Riser Overflow
The nomograph in Figure 5.3.4.H can be used to detennine the head (in feet) above a riser of given
diameter and for a given flow (usually the I 00-year peak flow for developed conditions).
II
FIGURE 5.3.4.H RISER INFLOW CURVES
1 0
0.1 HeQd.~ \.Ott
HEAD IN FEET (measu ed from crest of riser)
' ,, 3/2
OWe1r=9.739 OH
a or~Uce=3.782 D 2 H 112
Q fo Cts, D and H In feet
SI.ape change occurs at weir-orifice transition
1 0
1998 Surface Water Design Manual
5-50
l
II