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Home My WebLink AboutMisc• ' King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 February 28, 2006 John Tamburelli Davis Real Estate Group, Inc. 1201 Monster Road SW Renton, WA 98055 RE: Sandhu Subdivision {DDES File No. L03P0027) Revision Activity No. L05RE043 Dear Mr. Tamburelli: The Subdivision Teclmical Committee has reviewed your revised plat and finds that the revision is minor and within the spirit and intent of the preliminary approval. Based upon our findings, approval is granted to the revised preliminary plat received December 22, 2005, subject to all original conditions of approval and the following: 1. Tract F shall be improved as a private joint use driveway serving lots 5 and 6. The serving lots shall have undivided ownership of the tract and be responsible for its maintenance. As specified in KCRS 3.01 C, improvements shall include an 18 foot paved surface and a minimum tract width of 20 feet. Drainage control shall include a curb or thickened edge on one side. 2. Tract E shall be improved as a private access tract serving lots 9 through 12. The tract width shall be widened to 26-feet as specified in KCRS 2.03. The lots being served shall have undivided ownership of the tract and be responsible for its maintenance. Improvements shall conform to KCRS 2.03 for urban minor access roads including a paved width of 22 feet. 3. The road right-of-way for the proposed cul-de-sac shall be widened as necessary to provide a minimum of one foot right-of-way behind the curb and/or sidewalk. 4. The property frontage for lot 7 shall be widened to 20-feet to accommodate the driveway setbacks specified in KCRS 3.01C3. Please note that a 15-foot-BSBL is required from the wetland setback line, this will affect lots 5-12 and Tract "D." The BSBL must be shown on all future plans. Enclosed is a copy of the approved revision for your records. If you have any questions, please call me at (206) 296-6758. Sincerely, Tris Bnll, Planner II urrent Planning Section, LUSD Cc: Kenneth R. Anderson and Associates, Inc. 1720 S 341 st Place, Suite C-4 Federal Way, WA 98003 Bruce Whittaker, Senior Engineer, Engineering Review Section, LUSD w/enc Steve Townsend, P.E., Supervising Engineer, Land Use Inspection Section w/enc Joanne Carlson, Administrative Specialist II, ERS, LUSD w/enc Kim Claussen, Planner III, Current Planning Section, LUSD File • I ' . it:?7±. ~;.~'-. ______________ B_-t_w_e_lv_e_A_s_s_o_c_ia_t_e_s_,_l_n_c. -~ 1103 W. Meeker St. (v) 253-859-0515 Kent, WA 98032-5151 (f) 253-852-4732 SANDHU PROPERTY WETLAND & BUFFER MITIGATION PLAN NOTES (to be Sheet W-2) (e) info@b12assoc.com MITIGATION PLAN CONCEPT The property owner proposes to restore the disturbed sensitive areas to the conditions which existed just before the violation activity. The proposed mitigation plan includes the following activities: • Temporary erosion and sediment control measures will be put in place before any grading work is begun. • The dirt piles, including those located on each side of the wetland channel, will be regraded, and the areas restored to what was approximately pre- existing grade. • All graded or disturbed areas in the buffers and restored wetlands will be seeded with a native grass seed mix. • Native shrubs and grasses will be planted on both sides of the wetland channel. • All debris will be removed from wetland buffers, specifically in the buffer that is south of wetland flags Al-AS. • A wildlife-passable, split-rail fence with sensitive areas signs will be installed along the wetland buffers. MITIGATION GOALS The goals of the mitigation are: • • • To restore disturbed areas of the buffer by regrading, planting native vegetation, and removing debris. To protect the sensitive areas in the future, by filing a Notice on Title and constructing a fence with signage. To meet the Standards of Success, outlined in the Monitoring Program below. MAINTENANCE PROGRAM Work to be completed on an annual basis includes: Re: Wetland & Buffer Mitigation Plan Sandhu Property/No. L02CG408/ Job #A2-125 Bwtwelve Associates June 26, 2003 Page 2 of3 1. Himalayan blackberry, Japanese knotweed, evergreen blackberry, reed canary grass, Scots broom, English ivy, morning glory, or other invasive species should be controlled by hand within the sensitive areas. 2. Replace dead or failed plant material after the annual monitoring report has specified which plants have not survived. Replacement species are to be of the same species, size and location as original plantings. Plantings are to be installed during the dormant period (late October through mid-March). 3. Remove tree staking and guy wires from all trees after one year. The Owner will conduct all items listed in the Maintenance Work Scope on an annual basis. Additional work may be required per the Monitoring Report and as approved by the County. Additional work may include removal of the grasses around each shrub and tree, installation of wood chips at each shrub and tree base, reseeding of the mitigation area, re-staking of existing trees, and erosion control protection. WETLAND & BUFFER MITIGATION MONITORING PLAN The enhanced buffer will be monitored once per year, over a three-year period. Monitoring will be conducted using the techniques and procedures described below to quantify the survival and the relative health and growth of plant material. A monitoring report submitted following each monitoring visit will describe and quantify the status of the mitigation at that time. Per King County Sensitive Areas Mitigation Guidelines, the monitoring report should be submitted to the County by October 31 of each monitoring year. The vegetation monitoring consists of inspection of the planted material to determine the health and vigor of the installation. All the planted material in the wetland and buffer will be inspected during each monitoring visit to determine the level of survival of the installation. Because only a very small area is being planted, coverage monitoring for the shrubs is not required. However, a visual estimate of herbaceous coverage within the buffers should be made each year. No more than 10% cover of non-native or other invasives, e.g, Scots broom, Himalayan blackberry, etc. is permissible in any monitoring year. The bond- holder is encouraged to maintain mitigation sites within these standards throughout out the monitoring period, to avoid corrective measures. Photo points should be identified on the site. During each monitoring visit, there should be photo documentation of the restoration project. Re: Wetland & Buffer Mitigation Plan Sandhu Property/No. L02CG408/ Job #A2-125 B·twelve Associates June 26, 2003 Page 3 of3 Visual observations of all wildlife species observed during the monitoring will be recorded. Standards of Success I. Evaluation of the success of the mitigation project will be based upon a 90% survival rate for all planted vegetation at the end of year 3. 2. Evaluation of the success of the mitigation project will be based upon an 80% herbaceous cover within the seeded buffer areas at the end of Year 3. 3. No more than 10% cover of non-native or other invasives, e.g. Scots broom, Himalayan blackberry, etc. is permissible in any monitoring year. CONTINGENCY PLAN A contingency plan can be implemented if necessary. Contingency plans can include additional plant installation, erosion control, and plant substitutions including type, size, and location. File: dm/ A2125-Sandhu/ A2125-Notes.doc ® King County Department of Development and Environmental Services Land Use Services Section 900 Oakesdale Avenue Southwest Renton. WA 98055-1219 Project No: L02CG408 Date: July 16, 2003 GRADING/ CLEARING PERMIT Permit Type: GRADE Sub Type: GRADING Title: Description: Site Location: Applicant: Address: SANDHU RESTORATION REMOVAL OF FILL & RESTORATION OF WETLAND BUFFER 12044 SE 184TH ST. RENTON, WA 98058 KULWANT SANDHU 13989 SE 159™ PL. RENTON, WA 98058 Owner's Name: Address: Submitted: 12/02/2002 Date Issued: C8-()8-()3 Expires: 08-()8 -01/ Parcel No.: 6199600320 SAME AS APPLICANT Please refer to the above Project Number when making inquiries regarding this application. For Permit information or requests for inspections, call 206-296-6640. -----------------------------------------------------------------CERTIFICATION---------·------------------------------------------------------------ I certify under penalty of perjury under the laws of the State of Washington that the information furnished by the owner or owner's agent in support of this application is true and correct. I further certify that all applicable King County requirements for the work authorized by this permit, if issued, will be met and that violation thereof will be cause for code enforcement action. 'I b<::v.L..vt-s. ~ [)w~ Owner/ 1\,pf,lieollt Signature Title Date I have read the attached conditions of approval and understand that failure to comply with all conditions set forth herein shall necessitate an inuuediate work stoppage until such time as compliance with the stipulated conditions is attained. Failure to comply or repeated violations of permit conditions may result on enforcement actions, civil penalties as authorized under K.C.C. Title 23, and/or permit suspension or revocation. The granting of this permit shall not be construed as satisfying the requirements ofother applicable Federal, State or Local government permits or regulations. The operation and maintenance of facilities authorized under this permit shall be conducted in accordance with the conditions contained herein and shall generally comply with all provisions of K.C,C._ 16.28 }t'd ot~er applicable County Codes. f-~--~~J-~~~~-{J v0v?-,,r ? -fl ~ .3 Owner /Applicant Signature Title Date ® King County Department of Development and Environmental Services Land Use Services Section 900 Oakesdale A venue Southwest Renton, WA 98055-1219 Project No: L02CG408 Activitv No: Date: August 8, 2003 GRADING/CLEARING PERMIT CONDITIONS Permit Type: GRADE Sub Type: GRADING Title: SANDHU GRADING RESTORATION Submitted: 12-02-02 Description: Removal of fill and restoration of wetland buffer. Date Issued: 08·08-()3 Site Location: 12004 S.E. 184 .. St. Applicant: Address: Phone No.: Kulwant Sandhu 13989 S.E. 159th Pl. Renton, WA 98058 425-226-8328 Other Information: Expires: ()$-()~ ~CJt/ Parcel No.: 619960 0320 Owner's Name: Sandhu Kulwant Address: Same Phone No.: Same Please refer to the above project number when making inquiries regarding this application. For Permit information or requests for inspections, call your Grading/Clearing Inspector at 206-296-7151. The conditions attached to this cover sheet apply to the permit referenced here. All conditions must be complied with by the contractor and verified by your Grading/Clearing Inspector or this permit will become null and void. YLL Date ® King County Department of Development and Environmental Service 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 Clearing and Grading Review Tracking Number: L02CG408, SANDHU RESTORATION The following conditions apply to the above referenced permit: Permit Approval Conditions Document The permittee shall be responsible for all costs associated with the review and/or inspection ofthis permit by responsible department staff. These costs shall be in accordance with the fees set forth in King County Title 27. Failure to remain current with fee balances may be cause for suspension or revocation of the permit. July 15, 2003 Development authorized by this permit or approval may require other state and/or federal permits, including, but not limited to, a Washington State Hydraulics Project Approval (HPA) or a U.S. Army Corps of Engineers 404 or Section IO permit. If such other permit( s) is/are required, this/these other permits must be issued prior to issuance of this permit or approval. Failure to secure these other permits before beginning work authorized by this permit or approval is a violation of this condition, and may result in suspension or revocation of this permit/approval, and/or pursuing other enforcement actions. Should any other required permit be suspended, revoked or in anyway be subjected to other enforcement actions, this permit may be suspended until all defects causing said enforcement actions have been remedied. In addition, the granting of this permit or approval does not authorize the applicant to violate any provisions of the Endangered Species Act as set forth at 16 U.S.C. §§ 1531-1543, including the prohibition on the "take" of threatened or endangered species. "Take" is defined at 16 U.S.C. §§ 1532(19). I have read the attached conditions of approval and understand that failure to comply with all conditions set forth herein may necessitate an immediate work stoppage until such time as compliance with the stipulated conditions is attained. I certify that I have made a diligent inquiry regarding the need for concurrent state or federal permits to engage in the work authorized by this permit and no such permits are required or I have obtained the required permits. I understand that the granting of this permit shall not be construed as satisfying the requirements of other applicable Federal, State, or local laws or regulations. In addition, I understand and agree that this permit does not authorize the violation of the Endangered Species Act as set forth at 16 U.S.C. §§ 1531-1543, including the prohibition ori the "take" of threatened or endangered species. "Take" is defined at 16 U.S.C. §§ 1532(19). I fully understand that it is my sole responsibility to determine whether such "take" restrictions would be violated by work done pursuant to this permit, and I understand that I am precluded by Federal Law from undertaking work authorized by this permit if that work would violate the "take" restrictions set forth at 16 U.S.C. §§ 1538, 50 C.F.R. §§ 17.31, 50 C.F.R. §§ 223 and 50 C.F.R. §§ 224. Signed tLw Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, ODES file L02CG405 -I - Date CLEARING/GRADING REVIEW CONDITIONS: 5000 - 5005 - 5025 - 5035 - 5050 - 5060 - 5070 - 5085 - At least 48 hours prior to the start of any work, call the Site Development Services Section to arrange a pre-construction meeting. Please be advised this permit shall not be effective until the Notice to Proceed has been issued pursuant to this meeting. If required, Notice of Construction Activity signs shall be in place prior to the pre- construction meeting. The boundaries of the clearing limits shown on this plan shall be clearly flagged in the field prior to construction. No clearing or grading shall take place until these limits are approved in the field by DDES staff. During the construction period, no disturbance beyond the flagged clearing limits shall be permitted. The flagging shall be maintained by the permittee for the duration of construction. If work is to be suspended for 30 or more consecutive calendar days, permittee shall notify the Site Development Services Section prior to the cessation of work indicating their intention to do so and also prior to restarting operations. Work shall be limited to that shown on the approved plans dated July 15, 2003. A copy of the approved plans, conditions and permit must be on the job site whenever work is in progress. All work shall comply with the provisions of King County Ordinance 3139, relating to noise control. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturdays. Hours of operation may be further restricted during peak traffic hours. Permittee shall abide by the regulations of the Puget Sound Clean Air Act (PSCAA). You must call l-800-424-5555 not less than 48 hours before beginning excavation where any underground utilities may be located. Failure to do so could Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DDES file L02CG405 -2 - mean bearing substantial repair costs (up to three times the cost of repairs to the service). 5115 -Stockpile and staging areas shall not be located within sensitive areas or their buffers. They shall have TESC measures adequate to prevent any surface waters that are or might be concentrated from carrying sediment from the site to a natural watercourse. DDES may require a restoration plan be submitted for review and approval for any stockpiling or staging areas associated with the permit. Staging and stockpiling areas may be located on existing access roads. 5125 -Cut/fill slopes shall be no steeper than is safe for the intended use and shall not exceed 2 foot horizontal to 1 foot vertical unless otherwise approved by DDES. 5240 -If the contractor chooses to dispose of excess excavated material on sites where less than 100 cubic yards and 3 feet of fill will be placed, the contractor shall provide documentation that these sites have been inspected by a consultant capable of identifying sensitive areas as defined by King County Code. The report shall include date of inspection, name of consultant and company, an assessor's map of the parcel, the name, address and phone number of the property owner, and the location of the fill placed on the property. No fill shall be placed in sensitive areas or their buffers on these sites. 5260 -Turbidity caused by construction activities from this project shall not exceed Washington State water quality standards. Sediment larger than 0.075 mm shall not leave the site or enter on site wetlands, streams, lakes or other natural drainage features or existing constructed drainage systems which outlet to natural drainage features. 5275 -In the event that the permittee encounters areas needing de-watering that have not been indicated on the approved plans, work, except for erosion control as needed to remedy unforeseen water quality problems, shall not commence nor continue Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DOES file L02CG405 -3 - 5300 - 5310 - 5315 - 5320 - 5350 - 5375 - 5450 until a de-watering plan, approved by King County DDES, is obtained. If gravel is used to fill in the trench for keying in the filter fabric fence, rather than native backfill, the gravel shall be washed and clean. The ESC facilities shown on this plan must be constructed in conjunction with all clearing and grading activities, and in such a manner as to ensure that sediment-laden water does not enter the drainage system or violate applicable water standards. (KCC 9.04.090, KCC 9.12.025) The ESC facilities shown on this plan are the minimum requirements for anticipated site conditions. During the construction period, these ESC facilities shall be upgraded (e.g. additional sumps, relocation of ditches and silt fences, etc.) as needed for unexpected storm events. The ESC facilities shall be inspected daily by the permittee and maintained as necessary to ensure their continued functioning. Where straw mulch for temporary erosion control is required, it shall be applied at a minimum thickness of 2 inches. Any areas of exposed soils, including roadway embankments, that will not be disturbed for two days during the wet season (October 1 to March 31) or seven days during the dry season (April 1 to September 30) shall be immediately stabilized with approved TESC measures (e.g., seeding, mulching, plastic covering, etc.) If a King County Community Plan and/or Basin Plan or the Depart. of Ecology Stormwater Manual have more conservative timelines for implementation of erosion control measures, the more stringent timelines shall apply. During hauling operations, permittee shall provide effective dust control measures consisting of water, asphalt treated base, chemical dust palliatives, or equivalent measures to control dust from this operation (KCC 21A.22.070.C). Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DDES file L02CG405 -4 - 5460 - 5555 - 5570 - 6000 - 6010 - 6020 - Permittee shall be responsible for implementing all appropriate measures needed (i.e. paving, sweepers, and/or other techniques) to keep streets and roads used as haul routes for export or import of material clean and free from debris, mud, etc. R5465 -Permittee shall provide a wheel wash facility and a paved access road between the wheel wash location and public road as directed by DDES. No additional filling and/or excavation is authorized under this approval. Failure to comply with any of the conditions contained within this permit shall be immediate cause for suspension of the permit and fines and penalties pursuant to King County Code Title 21A, and 23 and Chapters 9.04, 9.12, and 16.82. Temporary construction access shall be placed with a culvert sized properly to maintain surface flows in the exiting ditch. Erosion control best management practices (bmp's) shall be provided upon construction of this temporary access. Upon completion of construction, temporary access and culvert shall be removed. BMP's for erosion control shall be provided for removal and stabilization of area disturbed. Load disposal receipts must be provided to the Site Development Services (SDS) Section for ALL soils removed from the site. These receipts must be submitted to the DDES SDS section on a weekly basis. No summaries of disposal activities will be accepted in lieu of disposal receipts. Failure to provide said disposal receipts may lead to forfeiture of the required grading permit bond. CRITICAL AREA REVIEW CONDITIONS: 1. Standards. All work and materials shall conform to King County standards and specifications, and to the specifications and details shown on these plans. 2. King County DDES Contact. Certain actions within this mitigation/ restoration plan require inspection or approval by King County sensitive areas staff. Requests for inspection/ approval shall be coordinated through Jon Sloan, King County DDES Environmental Scientist, (206) 296-7158. Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DOES file L02CG405 -5 - 3. Contractor Information. When it is available, contact information shall be provided to DDES that includes names, addresses and phone numbers of persons/ firms that will be responsible for grading the mitigation area, installing required plants, and performing required maintenance and monitoring. 4. Contractor's qualifications. Contractor I Landscape Installer must be experienced in mitigation and restoration work. The Permittee shall provide that there is one person on the site at all times during work and installation who is thoroughly familiar with the type of materials being installed and the best methods for their installation, and who shall direct all work being performed under these specifications. This person shall be experienced in installing native plant materials for wetland mitigation or restoration projects, unless otherwise allowed by the Landscape Designer, Biologist and/ or King County DDES Environmental Scientist. 5. Site conditions. The Permittee, Landscape Designer and/ or Project Biologist shall immediately notify King County DDES of any discrepancies between these plans and the site conditions. The locations of plants shown may be modified in the field by the Landscape Designer, Project Biologist and/ or King County DDES Envirorunental Scientist based on field conditions at the time of planting. Changes should be documented and as-built drawings submitted to DDES upon request for formal construction approval. 6. Timing. Plants specified in approved plans shall be installed in the dormant season. All grading work shall be performed during the dry season, June 1 -September 30. 7. Plants. Plants in number and size are required in accordance with approved plans. A. Origin. Plant materials shall be native plants, nursery grown in the Puget Sound area of Washington. Dug plants may only be used upon approval of King County DDES Environmental Scientist. B. Handling. Plants shall be handled so as to avoid all damage, including breaking, bruising, root damage, sunburn, drying, freezing or other injury. Plants must be covered during transport. Plants shall not be bound with wire or rope in a manner that could damage branches. Protect plant roots with shade and wet soil in the time period between delivery and installation. Do not lift container stock by trunks, stems, or tops. Do not remove from containers until ready to plant. Water all plants as necessary to keep moisture levels appropriate to the species horticultural requirements. Plants shall not be allowed to dry out. All plants shall be watered thoroughly immediately upon installation. Soak all containerized plants thoroughly prior to installation. Bare root plants are subject to the following special requirements, and shall not be used unless planted between November 1 and March 1, and only with the permission of the Landscape Designer and King County DDES Envirorunental Scientist. Bare root plants must have enough fibrous root to insure plant survival. Roots must be covered at all times with mud and/or wet straw, moss, or other suitable packing material until Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DDES file L02CG405 -6 - time of installation. Plants whose roots have dried out from exposure will not be accepted at installation inspection. C. Storage. Plants stored by the Permittee for longer than one month prior to planting shall be planted in nursery rows, and treated in a manner suitable to that species horticultural requirements. Plants must be reinspected by the Project Biologist and/ or Landscape Designer prior to installation. D. Damaged plants. Damaged dried out, or otherwise mishandled plants will be rejected at installation inspection. All rejected plants shall be immediately removed from the site. E. Plant Names. Plant names shall comply with those generally accepted in the native plant nursery trade. Any question regarding plant species or variety shall be referred to the Landscape Designer, Project Biologist or King County DDES Environmental Scientist ( contact: Jon Sloan, 206/296-7158). All plant materials shall be true to species and variety and legibly tagged. F. Plant substitutions. Plant substitutions are not permitted without the permission of the Landscape Designer, Project Biologist and/or King County DDES Environmental Scientist. Same species substitutions oflarger size do not require special permission. However, small plants often experience less transplant shock and adapt more quickly to site conditions, resulting in a higher success rate. As such, smaller plants will be approved as substitutions based on certain site-specific conditions (trees not less than I gallon size however). G. Quality and condition. Plants shall be normal in pattern of growth, healthy, well- branched, vigorous, with well-developed root systems, and free of pests and diseases. Damaged, diseased, pest-infested, scraped, bruised, dried out, burned, broken, or defective plants will be rejected. Plants with pruning wounds over l" in diameter will be rejected. H. Roots. All plants shall be balled and burlapped or containerized, unless explicitly authorized by the Landscape Designer and/ or Project Biologist. Rootbound plants or B&B plants with damaged, cracked or loose rootballs (major damage) will be rejected. Immediately before installation, plants' with minor root damage ( some broken and / or twisted roots) must be root-pruned. Matted or circling roots of containerized plantings must be pruned or straightened and the sides of the root ball must be roughened from top to bottom to a depth of approximately half an inch in two to four places. Bare root plantings of woody material is allowed only with permission from the Landscape Designer, Project Biologist and/ or King County DDES Environmental Scientist. I. Sizes. Plant sizes shall be the size indicated in the plant schedule. Larger stock may be acceptable provided that it has not been cut back to size specified, and that the Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DD ES file L02CG405 -7 - root ball is proportionate to the size of the plant. Smaller stock may be acceptable, and under some circumstances preferable, based on site-specific conditions. Measurements, caliper, branching and balling and burlapping shall conform to the American Standard of Nursery Stock by the American Association of Nurserymen (latest edition). J. Form. Evergreen trees, if used, shall have single trunks and symmetrical, well- developed form. Deciduous trees shall be single trunked unless specified as multi- stem in the plan schedule. Shrubs shall have multiple stems, and be well-branched. K. Planting. Planting shall be done in accordance with illustrated details in the mitigation/ restoration plan set and accepted industry standards. L. Timing of Planting. Unless otherwise approved by King County DDES Environmental Scientist, all planting shall occur between September 15 and January 15. Overall, the earlier plants go into the ground in the fall, the more time they have to adapt to the site and extend their root systems before the water demands of spring and summer. M. Weeding. Existing and exotic vegetation in the mitigation and buffer areas will be hand weeded from around all newly installed plants at the time of installation and on routine basis through monitoring period. No chemical control of vegetation on any portion of the site is allowed without the written permission of King County DDES Environmental Scientist. N. Soil Amendments. Unless otherwise specified and approved by King County DDES, organic matter (Cedar Grove Pure Compost or approved equal) will be incorporated into the entire planting site, not including areas inside the dripline of existing trees and shrubs. One unit of loose, well-composted organic material should be incorporated with two units ofloose soil to a depth of eight to ten inches ( only three to four inches within three feet of existing drip lines) and mixed thoroughly. 0. Mulch. All landscaped areas denuded of vegetation and soil surface surrounding all planting pit areas shall receive no less than 2" -4" of organic compost or certified weed free straw after planting. Compost or certified weed-free straw shall be kept well away (at least 2") from the trunks and stems of woody plants. Compost shall be Cedar Grove Pure Compost or approved equal. No bark products or sawdust will be permitted. P. Site conditions. Contractor shall immediately notify the Landscape Designer and/ or Project Biologist of drainage or soil conditions likely to be detrimental to the growth or survival of plants. Planting operations shall not be conducted under the following conditions: freezing weather, when the ground is frozen, excessively wet weather, excessively windy weather, or in excessive heat. Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DDES file L02CG405 -8 - Q. Plant locations. Locations shall be as depicted in the approved plan set. The Landscape Designer and/ or Project Biologist may change the locations of plantings shown on plans based on field conditions. R. Planting in pits. Planting pits shall be circular or square with vertical sides, and shall be 6" deeper and 12" larger in diameter than the root ball of the plant. Break up the sides of the pit in compacted soils. Set plants upright in pits, as illustrated in planting detail. Burlap shall be removed from the planting pit. Backfill shall be worked back into holes such that air pockets are removed without adversely compacting down soils. S. Fertilizer. Slow release fertilizer may be used if pre-approved by King County DDES Environmental Scientist. Fertilizers shall be applied only at the base of plantings underneath the required covering of mulch (that does not make contact with stems of the plants). No soil amendment or fertilizers will be placed in planting holes. T. Water. Plants shall be watered midway through backfilling, and again upon completion of backfilling. For spring plantings (if approved), a rim of earth shall be mounded around the base of the tree or shrub no closer than the drip line, or no less than 30" in diameter, except on steep slopes or in hollows, as illustrated in planting detail. Plants shall be watered a second time within 24-48 hours after installation. The earthen rim / dam should be leveled prior to the second growing season. U. Staking. Most shrubs and many trees DO NOT require any staking. If the plant can stand alone without staking in a moderate wind, do not use a stake. If the plant needs support, then strapping or webbing should be used as low as possible on the trunk to loosely brace the tree with two stakes (see Planting Detail). Do not brace the tree tightly or too high on the trunk. If the tree is unable to sway, it will further lose the ability to support itself. Do not use wire in a rubber hose for strapping as it exerts too much pressure on the bark. As soon as supporting the plant becomes unnecessary, remove the stakes. All stakes must be removed within two (2) years of installation. V. Intermediate Inspections. All plants shall be inspected and approved by the Landscape Designer and/ or Project Biologist prior to installation. Condition ofroots of a random sample of plants will be inspected, as well as all aboveground growth on all plants. Roots of any bare root plants, if permitted for use, will be inspected. Plant material may be approved at the source, at the discretion of the Landscape Designer and/ or Project Biologist, but all material must be re-inspected and approved on the site prior to installation. Plant locations shall also be inspected and approved prior to planting. W. Wildlife Control. As determined by the Landscape Designer, and/ or the Project Biologist, fencing may be needed to limit deer intrusion while installed plants are becoming established. Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DDES file L02CG405 -9 - 8. Seeding. Seeding shall be required only as described in approved plans. A. Timing. Contractor shall insure that areas to receive seed are clean of debris and that final grades are correct. Seeding shall be performed after other plant installation is complete. Seeding is the final step of the initial installation; site shall be closed to all vehicles and foot traffic shall be minimized after seeding is complete. Seeding shall not take place when the ground is frozen or in windy weather. Seeds shall be hand broadcast or by mechanical hand powered spreader, with as even distribution as feasible. Areas within 6"-12" of stems of installed plants shall not be seeded. B. Seed mix. Use specified native mix at rate specified. All seed materials shall be free of weed seeds or other foreign matter detrimental to plant growth. NOTE: Seed mix should be ordered as early as possible to insure an adequate supply of specified native seed. C. Post seeding erosion control. Temporary erosion and sediment control facilities shall be provided in accordance with approved plans AND Appendix D of the King County Surface Water Design Manual (1997) .. 9. Maintenance. Maintenance shall be required in accordance with King County Sensitive Areas Mitigation Guidelines (2002) and approved plans. A. Survival. The Permittee shall be responsible for the health of 100% of all newly installed plants for one growing season after installation has been accepted by King County DDES Environmental Scientist (see Performance Standards). A growing season for these purposes is defined as occurring from spring to spring (March 15 to March 15, following year). For fall installation ( often required), the growing season will begin the following spring. The Perrnittee shall replace any plants that are failing, weak, defective in manner of growth, or dead during this growing season, as directed by the Landscape Designer, Project Biologist, and/ or King County DDES Environmental Scientist. B. Installation Timing for Replacement Plants. Replacement plants shall be installed between September 15 and January 15, unless otherwise determined by the Landscape Designer, Project Biologist, and/or King County DDES Environmental Scientist. C. Duration and Extent. In order to achieve performance standards, the Permittee shall have the mitigation area maintained for the duration of the monitoring period, THREE (3) years. Maintenance will include watering, weeding around base of installed plants, pruning, replacement, restaking, removal of all classes of noxious weeds (see Washington State Noxious Weeds List, WAC 16-750-005) as well as Himalayan blackberry, and any other measures needed to insure plant survival. All maintenance shall be directed by the Landscape Designer and/ or Project Biologist. Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DDES file L02CG405 -10 - D. Standards for Replacement Plants. Replacement plants shall meet the same standards for size and type as those specified for original installation unless otherwise directed by the Landscape Designer, Project Biologist, and /or King County DDES Environmental Scientist. Replacement plants shall be inspected as described above for the original installation. E. Replanting. Plants that have settled in their planting pits too deep, too shallow, loose, or crooked shall be replanted as directed by the Landscape Designer, Project Biologist, and/ or King County DDES Environmental Scientist. F. Herbicides/ Pesticides. Chemical controls shall not be used in the mitigation/ restoration area, sensitive areas or their buffers. G. Irrigation/ Watering. Water shall be provided during the dry season (July 1 - October 15) for the first two years after installation to ensure plant survival and establishment. Water should be provided by a temporary above ground irrigation system and/ or a water truck. Water should be applied at a rate of l" of water two times a week for year 1 and l" of water one time a week during year 2. H. General. The Permittee shall include in general maintenance activities the replacement of any vandalized or damaged signs, habitat features, fences or other structural component of the mitigation site. 10. Performance Standards -Plant Cover and Survival. Plant survival and cover standards are established to measure mitigation success within planted areas as follows: Performance Standards Year One Year Two Year Three Year Five Shrub and Saplinq Tree Cover* >15% >30% >40% Shrub and Saolino Tree Survival 100% >85% >80% Herbaceous Cover* >60% >80% >90% Herbaceous Survival 100% >85% .. *Includes beneficial natJve plants m that category that are naturally recrmtJng 11. Monitoring. Monitoring shall be conducted annually for THREE (3) years. A. Vegetation Monitoring. Sampling points or transects will be established for vegetation monitoring, and photo-points established from which photos will be taken throughout the monitoring period. Linear transects are the preferred method for vegetation monitoring for this site. No less than one (1) 25-meter transect will be established in the restoration area. Permanent transect location(s) must be identified on restoration site plans in the first monitoring report (they may be drawn on approved restoration plans by hand). Each transect shall detail herb, shrub, and tree aerial cover at radii of Im, Sm, and I Om respectively, using the Braun-Blanquet releve method or other acceptable field method. Monitoring of vegetation transects shall occur Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DDES file L02CG405 -11 - >50% >75% >90% .. annually between May 15 and September 30 (prior to leaf drop), unless otherwise specified. B. Photopoints. No less than one (1) permanent photopoints will be established within the mitigation/ restoration area. Photographs will be taken from these points to visualJy record the condition of the mitigation I restoration area. Photos shall be taken annually between May 15 and September 30 (prior to leaf drop), unless otherwise specified. C. Reports. Monitoring reports shall be submitted by December 31 of each year during the monitoring period. As applicable, monitoring reports must include description / data for: site plan and location map; historic description of project, including date of installation, current year of monitoring, restatement of mitigation / restoration goals, and performance standards; plant survival, vigor, and aerial coverage from every plant community (transect data), and explanation of monitoring methodology in the context of assessing performance standards; slope condition, site stability, any structures or special features; buffer conditions, e.g. surrounding land use, use by humans, wild and domestic creatures; observed wildlife, including amphibians, avians, and others; assessment of nuisance / exotic biota and recommendations for management; receipts for off-site disposal of any dumping, weeds, or invasive plants; receipts for any structural repair or replacement; 4" x 6" color photographs taken from permanent photo-points as shown on Monitoring Plan; and, summary of maintenance and contingency measures proposed for next season and completed for past season. D. Deficiencies. Any deficiency discovered during any monitoring OR inspection visit must be corrected within 60 days. E. Contingency Plan. Should any monitoring report reveal the mitigation has failed in whole or in part, and should that failure be beyond the scope ofroutine maintenance, a Contingency Plan will be submitted. The Contingency Plan may range in complexity from a list of plants substituted, to cross- sections of proposed engineered structures. Once approved, it may be installed, and will replace the approved mitigation plan. If the failure is substantial, King County DDES may extend the monitoring period for that mitigation. 12. Bond. Prior to beginning any work, the Permittee must provide a restoration bond or assignment of funds per King County procedures. A bond quantity worksheet has been completed based on all elements of the Mitigation/ Restoration Plan. The total cost, plus contingency fees has been determined to be $14,077.83, which will be the amount of the restoration bond the Permittee is required to provide. Note that the approved bond will include required start date for mitigation construction. Bonds are eligible for reduction to maintenance status as soon as successful installation inspection has occurred and compliance with permit conditions and King County Sensitive Area Mitigation Guidelines (October 2000) is verified by King County ODES. Grading/Clearing Plan Review Approval Conditions Sandhu Restoration, DDES file L02CG405 -12 - I ~-.. ,-.... ._;' ... J-.. -.... -.... -.... -.... -.... -.... -.... -.... -.... -.... -.... -... -.... -... _:..:.._ .... ...:-.... -... -.... -.... -.... -.... -.. -.... -.... -.. -.... -.... -... -... -... -.... -... -.... -.... -.... -.... -.... -... -.... ~ I 1 1~ ST E WA RT T I T L E ~I I~ GUARANTY COMPANY ~I ' ' I~ Subdivision Guarantee JI ' ' I~ 111 1 1 ~ Guarantee No.: G-2631-12429 Fee: $350.00 1 11 1 ~ J I~ Effective Date: November 5, 2009 at 8:00 AM Order Number: 972648 1 1 1 I~ JI I~ JI I~ JI I~ Stewart Title Guaranty Company (the "Company"), guarantees the County of King and any City within which said JI I~ subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the JI I~ recording laws, impart constructive notice of matters affecting the title to the land included within the exterior JI I~ boundary shown on the map of the subdivision, the only parties having any record title interest in said land whose JI I~ signatures are necessary, on the certificates consenting to the recordation of said map and offering for dedication JI II any streets, roads, avenues and other easements offered for dedication by said map as referred to in the guarantee. II 1t ~I! 1t ~I 1t ~I 1t ~I 1t ~I 1t ~I 1t ~I ; 1t ~II 1t ~11 1t ~I 1t ~I l~I ~II Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. 1t ~I 1t ~I I 'Z;cO ~.4~~~ l1 I~ Authorized Countersignature ~I ' ' I~ Stewart Title Company-SeaTac, Washington JI I~ JI I~ JI I~ JI I~ ~ ~I ' P~m ' I~ II Guarantee Serial No. G-2631-12429 II ~I ' . ' ' ' ' II In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. 11 ~ ~ I~ JI ' ,. ' ' ' ' ' ' I~ ~II ' ' 16..·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·.dJ l ' ' ' , ------ ?~k SUBDIVISION GUARANTEE Guarantee No.: G-2631-12429 Order Number: 972648 Effective Date: November 5, 2009 at 8:00 AM Prepared by: Northwest Regional Production Center Title Officer: Chris Rollins Subdivision Guarantee: Sales Tax: Total: OWNERS: Benson Trails, LLC, a Washington Limited Liability Company LEGAL DESCRIPTION: Parcel 1 $350.00 $33.25 $ 383.25 Lot 5, Block 2, Northwestern Garden Tracts, Division No. 6, according to the plat thereof Recorded in Volume 46 of Plats, Page(s) 100, records of King County, Washington; Except the West 300 feet thereof; And that portion of the Southeast Quarter of the Northwest Quarter of Section 33, Township 23 North, Range 5 East, W.M., in King County, Washington, lying between the Easterly and Westerly lines of the Bonneville Transmission Line Right-of-Way, as described in instrument Recorded under King County Recording No. 3178820, and lying between the North line of Lot 4 and the South line of Lot 7, Block 2, Northwestern Garden Tracts, Division No. 6, according to the plat thereof Recorded in Volume 46 of Plats, Page(s) 100, records of King County, Washington, extended easterly. Parcel 2: Lot 7, Block 2, Northwestern Garden Tracts, Division No. 6, according to the plat thereof Recorded in Volume 46 of Plats, Page(s) 100, records of King County, Washington. Guarantee No: SG-2631-12429 -stewart. ,. title guaranty company SUBDIVISION GUARANTEE SUBJECT TO: 1. General taxes: Year: First half delinquent May 1; Second half delinquent November 1 : 2009 Amount Billed: Amount Paid: Amount Due: Tax Account No.: Levy Code: Land: Improvements: Affects: $2,570.31 $1,285.16 $1,285.15, plus interest and penalty if delinquent 619960-0282-04 2128 $250,000.00 $-0- Parcel 1 2. General taxes: Year: First half delinquent May 1; Second half delinquent November 1 : 2009 Amount Billed: Amount Paid: Amount Due: Tax Account No.: Levy Code: Land: Improvements: Affects: $6,161.25 $3,080.63 $3,080.62, plus interest and penalty if delinquent 619960-0320-08 2128 $600,000.00 $-0- Parcel 2 Note: King County Treasurer, 500 4th Avenue, 5th Floor Admin. Bldg., Seattle, WA 98104 (206) 296-7300 Web Address: http://webapp.metrokc.gov/kctaxinfo/. 3. Easement, including terms and provisions contained therein: Recorded: July 18, 1941 Recording No.: 3178820 In Favor Of: United State of America For: electric transmission, telephone and telegraph lines Affects: refer to said instrument for the exact location. Guarantee No: SG-2631-12429 ~stewart ,. title guaranty company SUBDIVISION GUARANTEE 4. Easement, including terms and provisions contained therein: Recorded: July 15, 1949 Recording No.: 3919394 In Favor Of: Puget Sound Power and Light For: Company, a Washington Corporation electric transmission and/or distribution system Affects: the legal description contained in said easement is not sufficient to determine its exact location within said premises 5. Restrictions, easements, dedications, and delineated matters contained on the face of the Plat of Northwestern Garden Tracts, Division No. 6 as recorded in Volume 46 of Plats, Page(s) 100, and any amendments thereto. 6. Non-Transferable Land Use Agreement And The Terms And Conditions Thereof: Between: Bonneville Power Administration And: Sandhu Property, LLC Recorded: June 1, 2007 Recording Number: 20070601000687 7. Easement and the terms and conditions thereof: Grantee: Puget Sound Energy, Inc. Purpose: utility systems Affects: refer to said instrument for exact location Recorded: January 15, 2008 Recording No.: 20080115000436 8. Easement and the terms and conditions thereof: Grantee: Puget Sound Energy, Inc. Purpose: utility systems Affects: refer to said instrument for exact location Recorded: October 20, 2008 Recording No.: 20081020000322 Guarantee No: SG-2631-12429 -stewart. .. title guaranty company SUBDIVISION GUARANTEE This Guarantee and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or opinion as to the marketability of title to the land. Chris Rollins :bs Guarantee No: SG-2631-12429 -stewart. .. title guaranty company c§!ewart ORDER NO: 972648 This sketch is provided without charge for information. It is not intended to show all matters related to the property including, but not limited to area. dimensions, encroachments or locations or boundaries. It's not a part of, nor does it modify, the commitment or policy to which it is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. .... ~--· "' .. ,, - • 11111 .. 1111 "' .. I . , • • '" ,I •-~-.. ------. ·1 .. tUI - " N~HWEST RN GARDEN 1111111 ... -HUI DIV NO. 6 \IOL~tlall " " 7 tHNP 4>11111 .... ... I \ \ \ I I \ I I I . i..;'iil'll ..... \ I \ I I I I \ I \ I I I I I , \ I \ \ \ I \ ' I I I I I ' I STG Privacy Notice (Rev 01126109) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business--to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. For our everyday business purposes-to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investi ations. For our marketing purposes-to offer our products and services to ou. For our affiliates' everyday business purposes- information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates may include companies with the Stewart name; financial com anies, such as Stewart Title Com an For our affiliates' everyday business purposes- information about our creditworthiness For nonaffiliates to market to you-Nonaffiliates are companies not related by common ownership or control. The can be financial and nonfinancial com anies. Yes No Yes No No We don't share Yes No No We don't share Yes No No We don't share We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a nonaffiliate, such as a third party insurance company, we will disclose your personal information to that nonaffiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] How often do the Stewart Title Companies notify me about their ractices? How do the Stewart Title Companies protect my personal information? How do the Stewart Title Companies collect my personal information? What sharing can I limit? We must notify you about our sharing practices when you request a transaction. To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file and buildin safe uards. We collect your personal information, for example, when request insurance-related services provide such information to us We also collect your personal inlormation from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other com anies. Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share our ersonal information in those instances. If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty, 1980 Post Oak Blvd., Privac Officer, Houston, Texas 77056. .L>1L'.UH,U .V.L.L'>..,V-3.._,l KING,WA '-../lU...,1 . ./J.:..v-ru .1.1~1.., '-../1.Ll..,..,J. ,._.VHUU"-'IH . 20081104000786.001 RETURN ADDRESS: Gary Krohn Northgate Executive Center II 9725 'lbird Avenue N.E., Suite 600 Seattle, Washington 9811 S-2060 11~111111 ilillll ~lfi~~llfl~I 20081104000786 Document Title: Reference Number: Grautors: Grantee: Legal Description: KROHN TD 49.tCI PAGE-881 OF H4 11/94/21198 12:11 l<lNG COUNTY, Willi E2369982 U/14/ZIH 12:110 K}~~ COUNTY, WA $1',ll0 SALE $1.H Trustee's Deed 20050901002800 (Deed ofTrnst) 20080728002071 (Notice of Trustee's Sale) Krolm, Gary (Successor Trustee) PAGE-181 OF 001 Sandhu Property, Inc. (Grantor under Deed of Trust) Nickerson Street Associates, LLC Parcel A: Lot 5, Block 2, Northwestern Garden Tracts Div. No. 6, v. 46, p. 100 & ptn. SE 1/4 NW 1/4 S33 T23NR5E Parcel B; Lot 7, Block 2, Northwestern Garden Tracts Div.No.6,v.46,p. 100 Tax Pm:el/Acconnt Number(s): 619960-0282-04 and 619960-0320-08 Ql;rustee's 319.eeb The GRANTOR, Gary Krohn, as su=sor and preBCllt Trustee under that Deed of Trus~ as hereinafter particularly descn"bed, in coosideration of the premises and paymen~ recited below, hereby grants and conveys, without warranty, to Nickerson Street Associate., LLC, GRANTEE, that real property, situated in the Comty of King, State of Washington, described as fullows: Parcel A: Lot 5, Block 2, Northwestern Garden Tracts, Dh,ision Nu. 6, according to the plat thcrcofrecorded in volume 46 of plats, page 100, records ofKing County, Washington; TRUSTEE'S DEED-PAGE I of4 Page 1 of 4 Printed on 11/9/2009 4:03: 12 PM Document: OED IRS 2008.1104000786 KING.WA '-J,,.._,..1 . .,, 1 ..:...v-.-u 1.,u,.. '-../J.1.11vrv1. ,._..v1u1u...,,11.,. l...!~QUVJ.11.U. . .L,J.J.~1. 20081104000786.002 Except the West 300 feet thereof; and that portion of the southeast quancr of the northwest quarter of Sechon 33, Township 23 N01th, Range 5 East, W .M., in King County, Washington, lying between the easterly and westerly lines of the BonneviUe Transmission Line right-<>f-way, as described in instrument recorded under King County Recording No. 3178820, and lying between the north line of lot 4 and the south line of Lot 7, Block 2, Northwestern Garden Tracts, Division No. 6, according to the plat theroof recorded in volume 46 of plats, page 100, records of King County, Washington_, extended easterly. Parcc!B: Lot 7, Block 2, Northwestern Garden Tracts, Division No. 6, according to the plat thereof recorded in volume 46 of plats, page 100, records of King C',rnmty, Washington. Tax parcel number: 61996().()282.-04 and 619960-0320-08 C'.ommon description: 12044 S.E. 184th, Renton, WA 98058 RECITALS: I. This conveyance is made pursuant to the powers, irwluding the power of sale, conferred upon said Trustee by that catrin Deed of Trust, between Sandhu Property, Inc., as Grantor, to Stewart Title, as Trustee, to secure an oblisation in favor of Viking Benk, as Beneficiary, dstcd Angust 30, 2005, reoorded Sepumber 1, 2005, under Auditor's/Recorder's No. 20050901002800, records of King, County, Washington. 2. Said Deed of '!'rust wns executed to secure, together witl1 other Wldertakings, the payment of a promisso,y note in the principal swn of $2,SS0,000.00, with interest thereon, according to the terms thereof; in favor of Viking Bank, and to secure any other sums of money which might become due and psyable under the terms of said Deed of Trust. 3. The descnbed Deed of Trust provides that the real property conveyed therein is not used principally for agricultural or fanning purposes. 4. Delimit having occurred in the obligations secured and/or covenants of the Grantor as set forth in "Notice of Trustee's Sale" described below, which by the terms of the Deed of Trust made operative the power to sell, the thirty day advance ''Notice of Default" was transmitted to !he Grantor, or his successor in interest, and a copy of said Notice was posted or served in accordsnce with law 5. Viking Bank, being then the holder of the indebtedness secured by said Deed of Trust, delivered to said Trustee a written request directing said Trustee to sell the desmoed property in accordance with the law and the terms of said Deed ofTrusL TRUSTllE'S DEED --PA.GE 2 of 4 Page 2 of 4 Printed on 11/9/2009 4:03: 12 PM Document: OED 1RS 2008.1104000786 . U.l.l....,V..:>'-"' KING.WA '-J.lU.'-".l. ~ r..:...v-ru .1.1u1., '-J.l.lll...V.l. '--'V.lll.llll...U~ . U~OHVU .I.Y . .J...,.lJ.~.l 20081104000786.003 6. The defuu!ts SJ)eCified in the "Notice of Defuult" not having been cured, the Trustee, in compliance with the terms of said Deed of Trust, executed and, on July 28, 2008 recorded in the office of the Auditor ofKmg County, Washington, a "Notice of Trustee's Sale" of said property as recording No. 20080728002071. 7. 'The Trustee, in i.tB aforesaid "Notice of Trustee's Sale,• fixed the place, date, and time of sale the front entrance of the King County Administration Buihliug, 500 Fourth A wnue, Seattle, WA 98104 a public place, on October 31, 2008, 10:00 o'clock a.rtL, and in accordance wilh Jaw, caused copies of the statutory ''Notice of Trustee's Sale" to be transmitted by mail to all persons entitled thereto and either posted or served prior to ninety days before the sale, further, the T!l!Stee caused a copy of said ''Notice of Trustee's Sale" to be published once between the thirty-second and twenty-eighth day before the date of sale, and once between the eleventh and seventh day before the date of sale; in a legal newspaper in each county in which the property or any part thereof is situated, and further, included with this Notice, which was transmitted or served to or npon the Grantor OT his successor in interest, a "Notice ofForeclosure" in substantially the statutory form, to which copies of the Grantor's Note and Deed of Trust were attached. 8. During foreclosure, no action was pending on an obligation secured by said Deed of Trust. 9. All legal requirements and all provisions of said Deed of Trust have been complied with, as to aclll lo be performed and notices to be given, as provided in Chapter 61.24 RCW. 10. The defaults specified :in the 'Notice of Trustee's Sale" not hnvingbeen cured ten days prior to the date of Trustee's Sale and said obligation secured by said Deed of Trust remaining unpaid, on Odober 31, 2008, the date of sale; which was not less than 190 days from the date of default in the obligation secured, the Trustee then and there sold at public auction to said Grantee, the highest or best bidder, the property hereinabove described, for the sum of $1,600,000.00 in cnsh, cash equivalent, OT credit. 11. !be Bencficiaryre,erved any and all rights the Beneficiary has or may have against any and guarantors. Dated November 3, 2008. Gary Northgate • ecutive Center n 9725 Third venue N.E., Suite 600 Seattle, Washington 98115-2060 TRUSTEE'S DEED-PA<IE 3 of 4 Page 3 of 4 Printed on 11/9/2009 4:03:12 PM Document OED lRS 2008.1104000786 .L'IU.ll\.,11 .u1_1_-.,_,..._,..,,.,._ .VJ l,:., KING,WA 20081104000786.004 ST A TE OF WASHINGTON ) ) ss COUNTY OF KING ) On November 3, 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary Kroho, to me known to be the individual who executed the foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for lhe uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. TRUSTEE'S DEED -PAGE 4 ,if 4 e E.Hearst l Public in and for the State ashington, n:sidiug at Edmonds, Washingcon appointment expires August 15, 2009 Page 4 of 4 Printed on 1119/2009 4:03:12 PM Document: OED lRS 2008.1104000786 ,LHOJH.dl ,U J l'-,~'"''-'J KING,WA Document: DED WAR 2009.0605000184 '-../lU'-'l • .,,' J ..:..V""TU .l lU'-' '-../.l.ll ........ l, ,._,VllllU.._,llL. 20090605000184.001 RETURN ADDRESS: Gary Krohn Northgate Executive Centac JI 9n5 Third Avenue N .E., Suite 600 Seattle, Washington 98115-2061 -IHIIIIIIHIIHI 20090605000184 K!!!!!'.:! ~C 44.80 :.,;;,i.1 n~ 1a Document Title: -Graotor. Grantee: I..qal Deserlptioo: KING C(IUNTY , WA E2393556 ~i:5=vea,1a TAK I &M SAi.£ *!"e·.•ea" p • AGilll OF Nl Warranty Deed Nickerson Street Associates, LLC Benson Trails, LLC Parcel A: Lot 5, Block 2, Northwestern Garden Tracts Div. No. 6, v. 46, p. JOO & ptn. SE 1/4 NW 1/4 833 T23NRSE Parcel B: Lot 7, Block 2, Northwestern Garden Tracts Div. No. 6, v. 46, p. 100 Tax Pan:el/Accoaot Number(s): 619960-0282-04 and 619960-0320-08 Warrantp JBeelJ THE GRANTOR, Nickerson street Associates, LLC, with the intent of transferring title of real estate to its wholly owned subsidiary, hereby conveys and warrants to Benson Trnils, LLC, the following described real estate, situated in the County of King, State of Washington: WARRANTY DEED -Page 1 of 3 Page I of3 Printed on 11/9/2009 4:03:12 PM KING,WA Document: DED WAR 2009.0605000184 '-../1\..1.•,.,J. ,'J.::..v-.u 1-lU\, '-../11.H,Vl. ,._,Vllllll'-'U~. Parcel A: Lot 5, Block 2, Northwestern Garden Tracts, Division No. 6, according to the plat thereof recorded in volume 46 of plats, page !00, records of King County, Washington; Except the West 300 feet thereof; and that portion of the southeast quarter of the northwest quarter of Section 33, Township 23 North, Range 5 East, W.M, in King County, Washington, lying between the easterly and westerly lines of the Bonneville Transmission Line right-of-way, as described in instrument recorded under King County Recording No. 3178820, and lying between the north line oflot 4 and the south line of Lot 7, Block 2, Northwestern Garden Traets, Division No. 6, according to the plat thereof recorded in volume 46 of plats, page 100, records of King County, Washington, extended easterly. Parcel B: Lot 7, Block 2, Northwestern Garden Tracts, Division No. 6, according to the plat thereof recorded in volume 46 of plats, page 100, records of King Coonty, Washington. Tax parcel number: 619960--0282-04 and 619960--0320-08 Common description: 12044 S.E. 184th, Rent.on, WA 98058 This deed is subject to all matters which are presently of public record. Dated May °8 2009 NICKERSON STREET Assoc!ATES, LLC WARRANTY DEED -Page 2 of 3 20090605000184.002 Page 2 of3 Printed on 11/9/2009 4:03: 12 PM . ,;, ~ .. KING.WA '-..Jl~'-'l, ..,' J .;.v,v J. lH'-' '-..Jll1,., .... l, '--'VlUlU .... Jl~. 200906050001 B4.003 STATE OF WASHINGTON ) : ss. COUNlY OF KING ) On this day, personally appeared before me David Lerner, Manager of Nickerson Street Associates, LLC, to me known to be the individual which executed the within and foregoing instrument on behalf of the limited liability company, and acknowledged lo me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal on Ma~/al-;0~9. ,,,,,,,,,,,.,.,. t) ,,,•;._v,. t<. Ftii_'--.. ------l-l'>-.A.-l--l-A--~-------- 111 ~ ••••••••• ,. 6' "=. Print name· ~ C ·--...+- ~' '.'ll";.~~s10N ~··-~ ~ · --'11-----C""'""'=--'-~-'-1= l'-1\.,,,,,,u:,_a_ , ___ _ f r,;/f ¥f:JlM'; (s\ °% NOTARY PUBL!in and for the state ofWashingtoa, ~ : -f'ffl'.Al~A~] residing at: l~ oJ\ ~ ' Pus \I; :;z:~ . . . ~ 's:_ ").\ ,. . \.: '"" / ,._o ~ My c001m1ss1on expires: (Q 12 { .q "'-"f'>,'.•,! ·31-~.-· ~ ,,1 I'.:: -+ -=:.:.~·o,;·;;.s1;,,,•' Offioe use only: ------------- ;,~~r.rool~la,~Tlllib.doe W ARRANrY DEED -Page 3 of 3 Page 3 of3 Printed on 11/9/2009 4:03:12 PM Document: OED WAR 2009 0605000184 Return Address: AFTER RECORDING RETURN TO Bonneville Power Administration TRF-Covington 28401 Covington Way SE Kent, WA 98042 Pl . fi ease pnnt or type III ormat10n Document Title(s) ( or transactions contained therein): 1. NON-TRANSFERABLE LAND USE AGREEMENT 2. 3. 4. Reference Number(s) of Documents assigned or released: (on page {} of document(s)) Grantor(s) (Last name first, then first name and initials) 1. Bonneville Power Administration 2. 3. 4. D Additional names on page{} of document Grantee(s) (Last name first, then first name and initials) I. Sandhu Property, LLC 2. 3. 4. D Additional names on page {} of document Legal description (abbreviated: i.e., lot, block, plat or section, township, range) Ptn. of SE V. NW V. ofS 33, T 23 N, 5 E, WM D Additional le!ral is on page o of document Assessor's Property Tax Parcel/Account Number 619960-0282-04 & 619960-0320-08 D Additional legal is on page o of document The Auditor/Recorder will rely on the information provided on the form. Staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. Bonneville Power Administration 28401 Covington Way SE Kent, WA 98042 January 19, 2007 In reply refer to: TRACT No. C-SE-7-A-649 CASE No. 20060520 LINE: Covington-Maple Valley No. 1, btwn towers 7/4 & 7/5 (Oper. As Cov- Duwamish); Cov-Seattle Line (oper. As Cov-Creston) btwn towers 7/1 & 7/3 Sandhu Property, LLC. 27013 Pacific Hwy S., #353 Des Moines WA 98198 NON-TRANSFERABLE LAND USE AGREEMENT IThis document will be recorded) Bonneville Power Administration (BPA) hereby agrees to your use of BPA's easement area for construction/installation, use, and maintenance of water mains and related activities as set forth in detailed engineering plans sheet 1 through 5 which are hereby referred to as Exhibits B through F (Please note that Exhibits B through F are not part of recorded document) and G. The location of your use is partially within the SEY. NW Y. of Section 33, Township 23 North, Range 5 East, Willamette Meridian, King County, State of Washington, as shown on the attached segment ofBPA Drawing No. 123807, marked as Exhibit A. You shall not make any changes or additions to your use of the right-of-way without BPA's review and written approval. Any·other uses and utilities on the right-of-way must be applied for separately. Please note that BPA is not the owner of this property. If you are not the owner, you must obtain the owner(s) permission to use this property. There may also be other uses of the property that might be located within the same area as your project. This agreement is subject to those other rights. This agreement is entered into with the express understanding that it is not assignable or transferable to other parties without the prior written consent of BPA. It is understood that the ownership of detention ponds, once constructed, will be transferred to King County. The following items are advisory in nature, but should be given due consideration. Nuisance shocks may occur within the right-of-way. Grounding metal objects helps to reduce the level of shock. It is suggested that road building/construction equipment be grounded with a drag chain. BPA seeks your help maintaining the integrity of the electrical transmission system. Please report any Vandalism or Theft to the BPA Crime Witness program at 1-800-437- 2744. Cash rewards of up to $25,000 will be paid should information lead to the arrest and conviction of persons committing a crime. BPA shall not be liable for damage to your property, facilities, or injury to persons that might occur during maintenance, reconstruction, or future construction of BP A facilities as a result of your facilities being within the right-of-way. BY ACCEPTING THIS LAND USE AGREEMENT YOU ARE AGREEING TO THE FOLLOWING CONDITIONS. : l. Maintain a minimum distance of at least 20 feet between all construction equipment and the transmission line. 2. No storage of flammable materials or refueling of vehicles or equipment within the easement area. 3. Maintain a minimum distance of at least 50 feet between your facilities and the point where the transmission line steel lattice structure/guy anchor/steel pole enters the earth. Specifications and installation plans for these protective structures must be submitted to and approved by BPA prior to construction. PLEASE NOTE: Detention Tract "B" is to be constructed so that it is within approximately 30 feet of the tower 7 /5 of the Covington-Duwamish No. I line. This is acceptable as proposed and shown on attached Exhibit "G". 4. Design and build any roads within the easement right of way and bury all utilities within the easement right to withstand HS-20 loading from BP A's heavy vehicles. 5. All underground cables must be placed in conduit. 6. No interference or obstruction of access to transmission line structures by BPA's maintenance crews will be allowed. 7. BPA has identified counterpoise (grounding wire) located in the vicinity of your proposed project. In order to maintain the functionality of the system, every effort needs to be made to ensure that this is not broken or damaged. Should counterpoise 2 Case No.20060520 Tract No. C-SE-7-A-649 be dug up, exposed, or broken during your construction activities, you need to contact our office immediately so that arrangements can be made to have it repaired. 8. Bury and maintain the cable to a depth of 42 inches to comply with applicable NESC, national, state, and/or local standards. 9. Mark the location of the underground cables with pennanent signs, and maintain such signs, where they enter and leave BPA's right-of-way, and at any angle points within the right-of-way. BPA will not be responsible for damage to facilities not visibly marked. 10. The grade changes required to construct the detention pond are acceptable. Any additional grade changes are unacceptable and grade changes to facilitate disposal of overburden shall not be allowed. You agree to assume risk of loss, damage, or injury which may result from your use of the easement area, except for such loss, damage, or injury for which BPA may be responsible under the provisions of the Federal Tort Claims Act, 62 Stat. 982, as amended. It is understood that any damage to BP A's property caused by or resulting from your use of the easement area may be repaired by BP A, and the actual cost of such repair shall be charged against and be paid by you. The subject use of this easement area has been determined not to be a hazard to, or an interference with, BP A's present use of this easement for electric transmission line purposes. Accordingly, there is no present objection to such use. However, if such use should, at any time, become a hazard to the presently installed electrical facilities of BP A, or any facilities added or constructed in the future, or if such use should interfere with the inspection, maintenance, or repafr of the same, or with the access along such easement, you will be required to stop your use or remove such hazard or interference from the right-of-way at no expense to BP A. This Land Use Agreement becomes effective upon the signature of both Parties. If you have any questions or concerns, please notify us. You may direct any communication to this office at Bonneville Power Administration 2840 I Covington Way SE, Kent, WA 98042, or by telephoning Paul B. Woolson, at 253-631-9154. 3 Case No.20060520 Tract No. C-SE-7-A-649 This Agreement is a permit, revocable at will by the U.S., and does not convey any easement, estate, or interest in the land. A copy of this permit shall be physically located at the project during construction activities. I AGREE TO THE TERMS OF THIS AGREEMENT Sandhu Property, LLC, a Washington Limited · · · · y Corporation BY AUTHORIZED Paul B. Woolson Bonneville Power Administration Realty Specialist CC: Roth Hill Engineering Partners, Inc. 2600 1161h Ave. NE, #100 Bellevue, WA 98004 Soos Creek Water and Sewer District P.O. Box 58039 Renton, WA 98058 Offe Engineers 13932 SE 1591h Place Renton, WA 98058-7832 Darrell.offe@comcast.net Johnathan Kurth Davis Real Estate Group 1201 Monster Road SW, Suite 320 Renton, WA 98055 Johnathank@davis-kurth.com 4 Case No.20060520 Tract No. C-SE-7-A-649 State of Washington __ ) ) ss County of King ) On this day personally appeared before me (YI i \{e,. l) a \J) S , to me known to be the person whose name, they subscribed to and executed the within instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 25~ay of '::fa_,,_,e1=-=- ~\\\\llllll1t1,i ~'I. 1 ~Mau.,.. 1,,. *....~:-······:!~ .... ~ F::l:'v,~'\IW4rt,;,:G, ~ •o\'l~"',.otA.t;'t.::~,\ =··· . -= : ...... =*= ~~\ ..,,.._,c; .: i ~~ • .... ·~;:f ~~ ·0J'i.t•J1.~ •,,,,,,,~~~,,,,,~ ... State of Washington__) ) ss County of King ) On this day personally appeared before me f>A U. L.. C} Wool~, to me known to be the person whose name, they subscribed to and executed the within instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GNEN under my hand and official seal this 3 I Notary Public State of _.../.<U~'2.L'~~'.:::t,!"":,;. __ _ Residing at -,-..L.$."",.r::.::..,.77__,,..-,;,---- My commission expires -Lfb¥J.<'..a::L._ 5 Case No.20060520 Tract No. C-SE-7-A-649 .----~----------------------------~-----, EXHIBIT A Case No. 20060520 Sandhu Property LLC Sewer, drainage and utility improvements for the Sandhu Plat ~ ul Q..a a""-... .. c~~-i: !:lg i'i ~ i:c~8"·= ~~,1~ ,_, " .. -... " .. "O .. u~: (I} ;; ,a Ii ] '":"-':~_J· , ..••. , .. · :-;tJ;)~ ' -'.t/ ~ ;;; ;.? g ::, "' ::, :c Q z < (I,) b " ·" i ' i RElJl8N AQDRESS: Puget Sound EmtfllY, Inc. Attention: R/W Deportment (Z. fle9n1n) P.O.!lox908681Est<NIW Be1l11¥UB1 WA 98009 EASEMENT ORIGINAL REFEREHCE #: GRAHTOR: Sondhu Propeny LLC GRANTEE: PUC!ET SOUND ENERGY, INC. SHORT LEGAL: Pina of Lot II, Block a, Northw .. Ctm Garden Tracll Div. I, Vol. 46, Pg.100, KC, WA ASSESSOR'S PROPER'TYTAX PARCEL: 819ffO.OZ82 and 819980-0320 For and in consideration of One Doller (51 .00) and ottu:11 Y&luable consider.lien in hand paid, Sandhu Property LLC, a WMhlnqton Umlt&d Liabllttv Cgnpany • rGramc," her8n), hereby convoy& and war,anta to PUGET SOUND ENERGY, INC., a Washington Co,poraHon ("Grantee" herein), for the pu~ hereinafter set forth, a nonexclueive perpetual eaaement over, under, along across and tt,rnugh tho lolowtng described ntal property f'Pnlperty' herein) In King County, Washington: $&E EXHIBITuA" ATTACHED>ER&TOAND SY THIS REFERENCE MADE APART HEREOF, Except as may be othefwise set forth herein Grantee's rights shall be exercised upcn that portiDn of the Prcperty f'Easemant Areri' herein) described es fo11ows: l:AsEMl!NT No. 1: ALL lrfflSETII AND ROAD RIGHTS-<IF-WAY (BOT>I PRIVATE AND PUBLIC) AS NOW OR Kl!Rl!APTER OESNJN1!D1 P'LATTl=D, MtDioR CONSTftUCJED wmtlN TH! ABOVE DEBCRtBED PROPERTY. (WHEN SAID 81REeT8 AND ROADS ARE DEWCATED TO TIE PUBLIC, nas CLAUSE SHAU. BECOME NULL AND VOID.) EA.BEMENT No. 2: A STRP OF LAND 10 FEET IN YJIDTH ACROU ALL LOTS, TRACTS AND OPEN SPACES LOCATeO WITHIN THE ABOVE DESCRIBED PROPERTY BEING Pi\RALLEL TO ANO COINCIOEIITwnH THE BDUNDARIS8 OI' BAIO PUBLIC STREETS AND ROAD RIGHTS-oF-WAY. EABFNENT No 3: A STRIP OF LAND 5 FEl!T IN WDTH ACROSS ALL LOTS, TRACTS ANO OPEN SPi\CES LOCATl=D WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL m ANO COINClllENTWITHTHEBOU-OFALLALI.EYWAVSANDPRIVATEbRIYES. EASEMENT NO. 4: AN EASEMENT OVER TIE ABOVE DESCRIBED PROPERTY FOR VAULTS. PEDESTALS AND RELATED FACll.lTEB f'VAUI...T l:ASEMENTB") ADJACENT TQ EAIEMENT AREA No. 3. THE VAlft. T EAIEMENT MAY OCCUPY UP TO AN ADDl110NAI. 6 FEET Ill WIDTH (FOR A TOTAL WIDTH OF 10 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXTENDING 6 FEET FROM EACH END OF T>IE AHIULT VAlft.TjS). fMfl@NT No. 5; AN EASEMENT AftEA DYER IHE SOUTH TEN (10) FEET Of THE WESTffllRTY j30) FEET LYING wnHIN LOT 16 OF THE PROPOSED 8ANDHU S\JBDMSK!N. 1. Purpoae.. Grantee shat have the right to use the E.uement Area to conBtruci, operate, malntafn, repair, raplece, improve, remove, and enlarge one or more utility systems fer purpoaes of transtnlssfon, dlsttfbutlon and sale of gaa and etectrlclty. Such system may Include, bul are no1 Dmlled to: Overhead fac.ilitles. guy wi"8'. lillnchOt polea and anch~ together wtth any and all nacessaty ot convenient appurtenances therelo. This wlll apply only to Euement No. 5. Underground facHfliN, Plpaa, plpalllllB, maN, lateral&, conduits. regulators and feeclera tor gas: oondull1, llnea, cables, vaults, switches and transformere tor electricity; fib• optic cable and Olbel' tlnaa., cable& aRd facilWes for communlcallons.: semi-buried or ground-mounted hu:lllties and pads, manholes, matarg. fixtures, attad'lrne11ls and any and all other faciMties or appurtanancM necessary at convenient lo any or all of the foregoing. Folkw.ing Ille lnlllal constnJdion of all or a portion ol n, 8'/lleml, Grantee may, from time to lme, oonotrucl sucn add"rtional facilitles n it may require for such syatema. Grantee shall haWII the rfght of access to the Easement Area aver and 8el'Oi51 the Property to enable Grantee lo exernlte hi rights hereunder. Grantee ehall compensate Granier for any damage to tho Property caused by lhe exerciM of auch right of access by Grantee. Sandhll Property LLC 1050ol2143 & 107Q27300/0&1fflt Paga 1 ol3 EXCISE TAX NOT REQUIRED "'"~ Co. Reoordl, Dlwion %1_ -=fb·~ 2. &semenl Area Cklaring ind Maln18n1nc•. Grantee shaB have the rig,hl lo cut, remove and dispose of eoy and ol brush, uees or other vegetation In the Ealemenl Area. Grantee shall also have 1he right to conlrol, on a continuing ba!Ms and by any prudent and l'&&Scnabla l'liBM8, thA Htablllhment snd growth of brush, treea or olher vegetation in lhe Easement Area. 3. Granlo(1 Use of EIMIMIII Ana Granlor reserves lhe right to use the Easement Area for any purpose not lnconsisient with th.a rlghta herein granted, provided, hOWaver, Grantor shall nol construct or maintain any buildings, r.tructures. or o1her obJeds. on the Ea8ernenl Area and Grantor shall do no blasting wilhin 300 feel of G-•·• fadl--Grantoe'• prlorvmtten consent. 4. Indemnity. Grantee -· to indemnify Grantor Imm and against llabilll)' Incurred by Grantor 08 • rn!Jt of Grantee's. nsgligenoe In the exel'Q$e of the rights herei'l granted to Grantee, bul nothing herein shall r-equire Grall1ee to indemnify Granter 'for U1at portion of any such liabHlly attributable to the negligence of Grantor or the neiligence of others. !. Abandonment. The rights herem grmted shall continue Lr1dl such time as Grantee ceases lo use lhe Easement Area for a period o! live (5) ,uoce....,. yoarg, In which evenl, tlilo easement ahaD terminate and •N rights hereunder, and any lmpr""""8111• remaining In Iha Easement /Vea, llhall reveot to 0t o!herwiae become the properly of Grantot: provided; however, that no abandonment shall be deemed to t,ave oCCU"l'ed by rea&an of Granlee'g failure to lnlllallv1....n 1ts S)'Slemson lhe Easement Area witliln any period otllmefrom lhe dale hereof. 6. Succesoors and Aulgno. Grantee shall have the right to assllJl, appor1ion or olheMise transfer any or all of 118 rlgh1s, beneflls, prtvllegas and inler•rll• arising in and under 1h11 aa....,,.nt Without iffTiitlng the gener&Bly of tt,e foregoing, tho righ1s and obllgeliono of the po,tles ohell lnura lo Iha benefit o! and be binding upon theh' reapedlve 1uccal80t8 and assigns. DATED 1h11 'i""': day of d°"' !Ofi( 2006. GRANTOR: BY:~% Sand n,port): C ITS: AILA14£,( STATE OF WASHINGTON) COUNTY OF )SS ) ~-................. ---IIIIJ ................. 2011 . On 1h18 ~ day of ~,Clf215{ , 200B, before me, ihe under.signed, a Notary Public in and for the State of Mhingl , duly commiseianed and sworn, personelly · appeared -~ I.(~ , to me known to be tlie pet&on(&) who &ii,,ed uc , of Sandhu Properly LLC, lhe llmtt<ld llablllty corporation lhal execllled lhe within and 1.,_1og ln81nrment, and -edged Hid Instrument to be hj5 free and volunbuy ad and deed and the free end voluntary act and deed of Sandhu Property LLC for the uses and purposes therein mentioned; and Ofl oath Atated that be Wal authorized to execute the said instrumenl on behalf of "8kl Sandhu Property u.c. IN WrTNESS WHEREOF I have hereunto MIi my hand II"! day and year fhl aboYewritten. _,, __ lmd_ .. __ IMI -~-1•_.,.. Sandhu Properly l.1C 10SOl21"3 & 107027300/061468 Pag112ol3 /J (S (Print or <tamp name al Nola'\') NOTARY PUBLIC in and fovt>& •• of Washington, residing at ..... ~.,....,_,l\'"_i,..._ __ _ My Appointment Elcplreo: l'I~ 30, ZOii EXHIBIT"A" PARCEL A: LOT 51 BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION No. 6, ACCORDJNO TO THE Pl.AT THEREOF RECORDED IN VOl..lNE 48 OF PLATS, PAGE{S) 100, RECORDS OF KING COUNTY I WASHINClTON: EXCEPT THE WEST 300 FEEi THEREOF; AND THAT PORTION OF THE SOUlllEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 23 NORTI-1 1 RANGE 5 EAST, W. M., II KING COUNTY, WASHJNGlON, LYING BEIVa'EEN THE EASTERLY ANC WESTERLY LINES OF BONEVILL'E lRANSMtSSION UNE RIGKT-OF·WAY, AS DESCRIIED IN INSTIWIENT Rl!CORCED UNDER KING COUNTY RECORDING NO. 3178820, ANP LYING BETWEEN THE NORTii LINE OF LOT 4 AND TiiE SOOTH UNE OF LOT 7, BLOCK 2, NORntWESTERN GARDEN TRACTS, DIVISlON NO. 6, ACCORDING TO THE Pl.AT THEREOF RECORDED IN VOLUME 46 OF PLATS, PAGl!{S) 10D, RECORDS OF KING COUNTY, WASHINGTON, EXTENDEO EASTERLY. PARCEL B: LOT 7 1 BLOCK 2, NORTHWESTERN GARDEN TRACTB, DIVISION NO. 6 1 ACCORDINBTO THE Pl.AT TflER.EOF RECORDED ltVOLUIIIE! 46 OF PLATII, PAOE(S) 100, lltECORDS OJI' KING COUNTY, WASHINGTON, (Al.sO KN0wN AS THE PROPOSED PLAT OF SANDHU 8UED1Vl&ION.) Sandhu PmJMldV LlC 106042143 & 107027300 J 061468 Pap 1 af3 RETURN APPRfU: Puget Sound Energy, Inc:. Allontlon: RIW Department (Z. ~) P.O. Box 90888 I Eal OIIW Bltll•w•, WA N009 REFERENCE #: 20080S01001839 IIIIIUHIIII ~~DJa &AS 41,N iii)r,ZNI ii: II KIM:i CCUfTY, WR EASEMENT GRAN'TOR: SANDHU PROPERTY, LLC and VIKING BANK GRAN'TEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Pins of Loi 5, Block 2, N----Tracta Div. 6, Val. 46, Pg. 100, KC, WA ASSESSOR'S PROPERTY TAX PARCB.: 61-.0282 and 81-.0320 For and In conakleration of One Dolar($1.C)()) and other velueble oonslderatlon In hand paid, SANDHU PROPERTY, LLC, a Woshklglan Umllad llablU1y company, and VIKING BANK. ('Grantar" herein), hereby C"""'YS and warrant& to PUGET SOUND ENERGY, INC.1 a Washlngtora Corpo,n1tk>n ("Grantee• herein), for 'Ile purposes hen:Hnafter set forth, a nonexclusive perpetual eaMmanl over-, under, along across and through the fclklwlng <1ooca1>oo real prope,ty ("""'°"rty" herein) in King County, Waahlnglon: SEE EXtaBIT "A" ATTAC!oa:D HERETO AND BY THIS R!PERENCE MADE A PART HEREOF. E~ept ea may be otherM88 set forth herein Grantee's l'lghlti shall be ax.artlsed upon that portion of the Property ("Eaeernont Area" heroin) deealboo aa lnllows: EAflElllENT Ne. 1: ALL l'IREETI AND ROAD RIGHT&aF-WAY (BOTH PRIVATE Alm PUBUC} AS NOW OR ltEREAFTl;R DESIGNED, PLATTED, ~o/OR CONSTRUCTED WITH.. THE. ABOVE DESCRIBED PROPERTY. (WHEN &AE 8TREET8 AND ROADS ARE DEDICATED TC ntE PUBLIC, THI& CU.USE SHALL BECOIIE NULL AND VOID,) EA8EMENT No. 2: A B1RIP OF LAND 10 FEET -WID'DI ACROSS AU LOTS, TRACT$ AND OPEN 8PACEB LOCATED wmtlN THE ABOVE DESCRIBED PROPERTY BEING PARALLB. TO AND COINCIDENT 'Wint THE BOUNDARIES OIF SAID PUBLIC STREETS AND ROAD RIGlf1'S.OF..wAY. EAIEMENT Ng. 3: A ITRfP OF LAND S FEET IN WIDTH ACROSS ALL Lars, TRACTS AND OPEN SPAC&S LOCATED W111'11N THE ABOVE CESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE IIOI.JililDARlES CF ALLALLEVWAYSA.ND PRIVATE DRIVES. E.UEMENT NO, f: AN EASEMENT OVER THI! ABOVE DESCRIBEJ PROPERTY FOR VAll. T&, PEDEIT.ALS ANO R!U.TEP FACIU11E& ("VAULT EAsEJIIENTS") ADJACENT TO EASEMENT AREA NO. 3. TtE VAULT l:ASEMENT IIIAY OCCUPY UP TO AN ADDITIONAL 5 FEET II WIDTH (FOR A TOTAL WID'ffl OF 10 FUT) VWIH 1HE LENGTH OF EACH VAULT EASEMENT EXTENDING 5 FEET FROM EACH END OF mE AS-BULT VAUL T(BJ. EAIEMEI([ No. 5: SEE EXHIBIT lf8" AnAaED HERETO AND BY 1Ht8 REFERENCE IIACE A PART HEREOF. THIS EASEMENT REPLACES AND SUPERBEDEI THAT EQEIIENT DATED APRL 10n12008, ANO RECORUED MAY f" 2008, UNDER KING COUNTY REC:: /f/JBER 2008050'100f839, RECORDS OF ... G COUNTY, WASHINGTON. Bao~ .__,JeriHnl~fer'!'-''eAlto~ch-c-u"'le-,------ Tttla: Supervl•OI' Rnll Estat. 1. Purpose. Grantee shall have the right to use the Eaaemant Area to construct, operate, meintain, ~r. replace, Improve, remove. and enlarge one or more utlllty syetema for purposes of transmission, distflJution and sale of gaB and electrlcify. Such &y&tem may include, but ere not llmlt&d te: Overhead facllltNIS. guy wires, anohor polM ant! anchots together with any and all naeessary or convenient eppurt\lni,noes thereto. Thie will apply only to Easement No. 5. UndergrOl.lr\d f1cHltlN. Pipes, plpalinas, mains, laterals, conduits, regulatoni and f&eders for gas; COIJdulbl, jinn, cablel, vauttg, BWltches and transformerB tor eleCtrlclty; ftber optic cable and other Hnat. cables and faclHtlea for conmunlcations; semi-buried or ground-mounted Sandhu Property LLC 106042143 & 1()7027300 / 061469 .... 1 Of8 facilities and pads, manholes, meters, foct.ures, attachments and any and an other fecililietl or appurtenances necessary or coo•enlent to any or all of 1'le forego!~. Following the initial construction of aR or a portion of its systems. Grantee may, ft'om time to time. construct such addltlonal facilltles as ft may require for such syt;tems. Gtantee Shall have the right of ace.es& to the Easement Area O'-J&r and across. the Property to enable Grantee to exardsa Its rlghtl5 Mr8under. Grantee Shall compensate Grantor for any <1amage to the Property caused by the exercise of such right of aCCMe. by Grantee. 2. Eaument Area Clurtn; and Maintenance. Grantee shall have the right to out, remove and dispose of &rl)l 8nd all brush, trees or othel' vegetation In the Easement Area. Grantee ahall also have the r1gt,t to control. on a continuing basis c1nt! by any prudent and reaeooabte means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Uaa of ENement An,a. Granlor reserves file right to use the Ee!sement Area for any purpose not inconsistent with the rtghts heAlin granted, provided, however, Granter 3hBII not comtruct or maintain any buildings, structins or 01her objecl.s on the Easement Area and Grantor shell do no blasUng within 300 feet of Grantee's facllltles without Grantee's priorwritten consent. <4. lndlmnlty. Grantee agrees to Indemnify Grantor from end against liability incurred by Grantor as a result of Grantee's nagDgence In the exercise of the rights herein granted to Grantee, but nottiing herein shall require Grantee to Indemnify Grantar for thet portiorl of any eueh liability attributable to the negligence of Grantor or the negligence of othel'li. 5. AbandOllffllnt. The 11ghts herein granted shan conHnue untl 6UCh tirne as Grantee ceases to use the Easement A"'8 for a per10d of five (5) suooaaslve years, jn which event, this easement stiall terminate and all rights hereunder. end any Improvement& remaining In the Euement Area, shall MVert to or otherwise become the property of Grantor; proyided, however, that no abandonment shall bl deemed to haw o~ by l'8a$0n of Grantee's faitvre to Initially install its systems on the E.aNment Area within any period of time from the date hereof. 8. s-and A&olgno. Clrantee shaU haw 1'le right to assign, apportion or 01harwlaa tran~ any ot all of tts rights, benefits, privileges and interests arising in and under this eesemertt. Without llmHlng the generality of the forugolng, the righ1s aoo obligations of ttE parties shall inure to the benefit of end be binding upon tr"lelr reepectlve l'JC<ieBSOrB and aBBfgns. DATED this l 1+ day ot__,(-):.,.c;.,-hlx.i; • ......,,,_( _____ , 2008. GRANTOR: SANDHU PROPERTY, LLC,~ ~~ ITS: tj, .. ~I" VllONG BANI( ,'~! BY: (: -::::7? Cc:?'. ITS: V f' Sandhu Property LLC 106042143 4 107027300 / 061489 Page2of7 STATE OF WASHINGTON) )ss COUWTYOF 1?\,T\:;\ ) On this _\-:j---J_· _ daY' of r:~w , 2008, before me, Iha undersigned, a Notary Public in ~ ~JVil)Wliogton, iuly commissioned and sworn, pel$0nPljy appeared, _________ _ _:~,w""'""""'-'---B=IJ.l=-'1'=11._ __ , to me known to be the person(s} who signed as tv\tilii,ij,/ , o1 Sandhu Property LLC, the limited ljabjlity company th~ e~uted the within and foregoing instrument, and atknowtedged said instrument to be his free and voluntary act and deed and lhe free and voluntary act and deed of said Hmited lleblllty company for the ut1es and purposeEi 11'\erein mentioned; and on oath stated that he was 8uthorlzed to execute the said Instrument on behalf of sak:t llmltBd liablllty company. IN WITNESS ~HEREOF I have h.,.unto set my hand end official .. el the day and yaer Hrst aoove written. ,,,111 :,..-,...,.~ ''o":'' ~= R. ,---.... ~ ~· ····---a ,, ~ ~.-~s10/ij,··.. ~ ~\ ~ :;..:,,• ~... -I "'/ 1-(01,V,,;-~~\ \ , Sig ./' ~ : -·-ti!,: ~ ._;::; ......... L>U_<WCLl'""';;.).""l.µ,""''t'.'.L_ __ _ l~\ ~fJSLIC f i (PrintorstampnameofNotary) ~ .,. ·. d! ..-;,d '*t ...-HNI "-~~'•,,'19-, ....... ·,.,_0111' NOTARY PUBLIC In and fJ2r11_Sla~ lAJt.~, 1'V"' ~ W~~111• Washington, residing at..:,~w,.._,.\__,~...:,...;~:....:= .,,,,,,,,, fl ...... ' \ My Appointment Expires: -'11'--''"I...:__:_ __ _ STATE OF WASHINGTON) Y'IA , .. COUNTY OF 'i-~• ".) ) On lhls 11' dey of OJ:AAW . 2008. l><IIOre me, the underolgned, a Notary Public In ~b'1~1'1\ State of Washington, duly commissioned end sworn, personalfy appeared Q)l( ~~ , 1o me known to be the person(s) who signed as ---'-, cf VJ•lng Bank, the llmlled lleblllty corporation that 8X8C1Jlad lhe within and fonlgclrg lnetn1111ent, and acknowledged 9"'d inolr\Jmont le Ile l41:;i free and volootary act aM daecl and 1he free ~ ~tary act arn:l deecl of Viking Bink for the uses and purpMea therein mentioned; and on oath &lated that ~ was authorized to emcute lhe said Instrument on behalf of .. Id vi•t11111 Ban•. IN WITN,1~0F I have hereunto set my hand and official seal the day and year first above wrtttan • .... ~~~;!::~:ii'\. ~-~ ~ ~-·n~ _·· , . .,,.. ;-.. ~-:=. ~ N: ,~ ~.., ''Vl"i-' ~\~ l, (lg ::::--·-:i --\. IJ}\ Puouc / i:/ (Print or stamp name of Notary) ""'-"'.A'.·-.<1>·19-\\ .,..._o~, ~ "":.: <''o"-. ....... :;;..e:, 111 NOTARY PUBUC in and for the~ ~0 . ~-W /,,'ii<""i•'' Washington, residing at .::,s30c::ll.ll\L~---le!!J_::!J'.!. .,..,.,.,,..~.,,,,,,, AA .i4 • I I Now., ____ .. ___ ..., ____ , ...... Sanch.J Property LL.C 105042145 8, 107027300/081"'69 Page 3ot6 My Appointment Expires: ....1.tl:D.a.LJ!:.!...J.::J • ...J.: __ _ STATE OF WASHINGTON ) )ss COUNTY OF KING ) On tNs \1"(1, day c,f O<-h,bo,.. , 20Qll, before me, the underolgned, a Nota,y Public in and for the State of Washington, dul)I comml9a0ned and sworn, penonelly appeared .a.nnw.r Altlchul,r, to me known to be the person who signed a!';i Supervisor Raal Estate, of Pugl'l Sound Energy. Inc., the corporation that executed the within and foregoifl!:I instrument, and acknowledged said Instrument to be her free and VOiuntary act and deed and the free and voluntary act and daed of Puget Sound Ef181'9Y, Inc. for lhe uses e-r,d purposes therein mentioned; and on oath staled that shl!!I was authotized to execute Iha said instrument on behalf of said Puget Sound Energy, Inc. IN WITNESS WHEREOF I have hereunto ael my hand and official &Ul the day and year fir1t above wrttten. hrdvJ Proptrty lLC 10004,2143 & ,010273001oe1400 Page4of7 {Ptint or stamp name of Notary) NOTARY PU6LIC In and lortho Stall> ofWa•hington, residing at Neww~ -tu , w I'\ My Appoin1ment E><pires, °I -09 -Oll lliOflll':n' 1 r,1 !!fCN:mmr, PAAc'EL A.1 JDr 5, IW;lCJ; 2, IICHIIUS:1'81111 -'IIIAC'l'll, DXV.S[ON II0,6, ~1110 TO TD P?.111' iW ltllOORl)a) JJI VOL1llll!I U OF l'tJl,r&, P-(S) 100, RECCllDS OP KilfO c:ou,rtY # 11A811IIICff'Qf' ll:ICCn"f '!llll Hll'l' ~00 nft TDR80P1 ""1> 'JIIAT POIITlQM' QI' 'l'Jl8 IICJll'fflllAST QUARTBII Ill' TIIB IIIORDIIIIIST QllUTlil OF Sl!C1'IOO! IJ, 'JOllll8Kt» a.J. NOa"fll, JtlMGS I IA.IT, w.M., r• um t"DCJl'-l'Y, MA.BHm3TOX, r..YJ»G UTIIIID '!llll llU'l'IIR1'Y MID IIBftllRLY LIR8 0, TU IICllll&IIIU.& 'fRIIIISNU8lOJII LIQ IUGll'f-OP-MY, All Dllilc:unD z• -lllCOlll)m, U11DU 1W10 COIIIITY R!t!OIU)1NC lrO. 31711.20, AHD LYmea JS'NID TD IIOR'ffl LIHI OP LOT f. Ut:1 'l'BB sotJ'l'H I,nf1: or IDT ?, 810Clt. 2, ~ GAIIOD "l,'ltACTS~ DJVlllON 1'0, 6, ACC()ll])uta TO TD PLA'l' 'tDRBOP RSCCaNI'.) Ill VOLUMB f.6 OP Pt.A"l'8. P.MlmlS) lCIO, PJ'C'OSQ)IS OF 1tlllQ oouxn, D8HINO!'QIJ:, UiUD&O U.S'l'aal,T. Im 7, BLOCK 2, _.__ -~. DlVIllOII BO •• , ACCOll>lllO N '!llll _, -· -D IN WLDMII 46 OP Plaffll, PMJll(S) 100, l\llCOIIDS er CHG COUll'l"'t, QSHno.ra,,. Sandhu Property LLC 105042143 a 107027300 I 061468 Page 5ol 7 • BXBIBIT "B" ALL THOSE PORTIONS OP BXRI&IT •A•, HBREIHAPTBR REFBlUUID TO AS "KASEMBNT •p.," - BLECTRIC TRANSPORMBR VAULT EASEMSNT"' AND •EASEMBNT "B" -POWER POLB GOY ANCHOR LEAD EASEMENT" , DESCRIBED AS FOLLOWS : THAT PORTION OP SAID BXHIBIT "A"° -PROPERTY LKGAL DESCRIPTION, DBSCRIBEO AS FOLLOWS, BBGINNING AT THE SOUTHWEST CORNER OF BXBIBir •A•-PROPERTY LBGAL :0BSCRIP1'l0NJ THBIICB ALONG THE SOUTH LID OP SAID EXHIBIT "A" -PROPKRTY I,BOAL DESCRIPTION SOUTH 88°51'06"' EAST. SS.l? i'BKT 'l'O THE BB<IINNING OP A CURVB SAVING A RADIUS CF 25 . 0 0 PBBT; TKBNCB. ALOJIG SAID CURVB TO THB LBP'l' TKROUGH A C!NTRAL AJrGLB OP 37°22'4&• FOR A'N ARC' DIST.MCI OF 16.31 FKBT1 THENCE NORTH CICl 0 38'11P l!.AST, us.ee l'UT TO '1'lm BBQIMNilfO OF A C:URVB HAVING A RADIUS OP S2.00 FEET: THBNCB ALONG SAID CURVS TO THB RIGHT THROUGH A C'D'1"llAL ANGLE OP 65°21' 53" P'OR AN ARC DlSTARCB OF 59 • J:l i'BE'l' TO 'l'Hi TRUB POIHT OF BEGINNING~ TH!!SC! COJITINUIHG ALOl!IG SAID ctJRVB TO THH RIGHT TllROUOH A CBN'l"RAL ANGLE OP 11•40 1 36"' P'OR AN ARC DISTAHCB OF 10,60 FBl:T1 'lBBNCB HORTH 00'5.!'1?" EAST, ltl.OD l"SBTo THD'CB XOR.TH 89°06'43• lfa5T, 10,00 FKBT TO A LINB BE1.RIHG NORTH 00°53'17• BAST PR.OM THB TRUB: POINT OP SE:GINNIHa; 'l'BBHCII At.ONG SA!O LINE SOOTH 00 1 53'17• HST, 13.45 FBBT TO THE TRlJlil POINT OP' BBGINHING. THAT PORTION OF SAID EXHIBIT 1to,A"-PROPBJt'TY LJCGAL DESCRIPTION, DESClUBJID AS FOLLOWS i BEGINNING .A.T nm: sotrl'HWBST CORNER OF SAID EXHIBIT "A• -PROPBRTY LBGAL DESCRIPTION; 'l'Hli:NCB ALONG THI: 80t1'I'H I.nlR OP SA.ID EXHIBIT "A"-PROPBRTY LIIGAl. OBSCR.IPTION SOUTH 88 .. Sl'Qfi:• BAST, 13S.3!1 PRT TO THI 'l'ROil: ,'OINT OF BBGINHING OF A C'BNTBRLINB OP A STRIP OP LAND HAVING 2.50 FIBT OF SUCH WIO'l'll ON 2ACH SIOE OP SAID CBHTBRLIHB: THDICE NORTH o•3B'l8" BAST, l0,00 PUT TO THB TDRMINUS OF THIS HEREIN oasa1:em CBNTBR.LINB • SIDB LINES OF SAID STR.IP OF LAND ARB TO BB BXTIHDBD 0~ SHOK:l'BNIW TO MBBT AT ANGLB POINTS, 11fJS IS POR THE EASEMENT Ll!GAL Dl!SCRIPTION.EXllJJIIT ''B" P ... 4of5 Octol= 16, 2008 IUl:NNETH R. ANI>BllSON .1,ASSOCIATES, INC. J'SE Jaonnm, Vaa!t +Olly LNd ~ •. ...... EXHIBIT "8" S.E. 1/4. N.W. 1/4. SCC1/0N ,14 T. 2~ N., R. 06 ~. W.M., k1N<J COUNTY, WASHIN()'frJN. 5 NOllllf UN[. LOT 7 8 6 7 10 PROPOOED PSE VAULT EASEMENT TRACT "E" TR.6.CT "C" UJIE, LOT 7 PR<POSED 5'XIO' PSE GUY AN<:HCJl EASEIDT S.E. 184 TH ST. SCALE: ,·-so· DAlE: 4/7/2008 PAGE 5 OF 5