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HomeMy WebLinkAboutLUA-08-122_Report 03/I/t1t11c TOIJ fLl}cE · . COWl,{ de Itpplt'ccrfr'o"l Ju(,! 7.., ?.oo L. .' RECORDING CHECKLIST ok I) REDLINES ADDRESSED ok. 2) OK TO RECORD; __ ROUTED REQUEST TO RECORD ..dL.3) K.C. FIRE PROTECTION ENGINEER ..12.ls.. 4) FINAL HEALTH (any restrictions?) (jJfr 0 k . ~5) HOMEOWNERS ASSOCIATION (established) -d-6) COVENENTS a) recording fee ($9.00 first page plus $1.00 each additional page) A7) UPDATED PLAT CERTIFICATE (30days) 1'1./'/.0/.</- __ 8) LOT SUMMARY L9) EXAMINERS REPORT CHECKED OFF ..L.-IO) REVIEW VARIANCES AND COMMENTS UNDER PROJECT NO. --4-11) FEES AND ACTIVITIES A12) "FINAL PLATTING PROCEDURE" FORM LI3) ADDRESSING ON PLAT L14) ENGINEERING PLANS REFERENCED ON PLAT L15) ROAD MITIGATION __ a) PROPER NOTE __ b) FEES PAID A16) SCHOOL MITIGATION __ a) PROPER NOTE __ b) FEES PAID A 17) PLAT RECORDING FEE 25<> A18) BONDS __ a) PERFORMANCE __ b) WETLAND RESTORATION: __ PLAN BOND __ c) L·PLAN / RECREATION: PLAN BOND __ d) STREET TREE: __ PLAN __ BOND #-19) BUILDING PERMIT NOTE NEEDED? .$-20) IF IN R·I OR RA THEN VERIFY BASIN RE: KCC 21A. 12.030 19. __ 21) REQUEST ELECTRONIC COpy OF DRA WING FILE _4.k:Z .. ?. Ve V" I f' '7 Set".. of' p <."<.... 0 "'-f' I .. T ~ 23 /""+5 -ONe.-r3fU! ...... ~·I:'o"" ·v IJJO) /6()tf.< /rrres E ,.?.qf.o ...... ..1 bY--V ruvr'7 fiA1t1..o tl\. !fDA 011\ 1(0-+ ~ ~ed ~y 6f-1/'<!!t~'VII~ ttA<!.d-Joe... ~ C"'P'7 uf j{~c.. f{~ ..... A),),,,,,vc.( feflv c:.. o Z/'OCJ// L.o4--FfC 0.;8 3U4-so0/00 )IE /4--2.3 -.s- ;<"-4- SD -J:Ss/lG.vAH f?.D 11f'5 ZONc=4-Sc CD Ie c;D:: ~ b 17 'Z.",,4- tv 2;3e8.S=O MI! @ £ ~(.;; v z.g Cv',.. ... t-= 2.13 'I 5P ~ 4 '1'tc. . }i= Z4-'1g' ------------------- ." King County D.D.E.S. Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 DATE: October 5, 2004 PLAT NAME: Hamilton Place FILE No.: L02POOll ACTIVITY No.: L04FR058 The following items must be addressed before final approval is granted and the plat is recorded. If you have questions or need clarifications, please call Steve Van Patten, PLS, Platting Review Engineer, at 296-7197: L I) Need a Plat Certificate dated within 30 days prior to the recording of this plat. A. 2) Need a copy of the Final Health Approval. If on sewer in an urban area, current letters of approval of the sewer and water systems by the utility district may be accepted in lieu of Health Department approval. If there was an existing well or septic system, please provide copies of the abandonment papers. Jt. 3) Need approval from the King County Fire Protection Engineer. A. 4) Complete construction of the required improvements or post a performance bond. ~ 5) Need confirmation that the Homeowners Association (HOA) has been established (incorporated). Please provide a copy of the HOA Document showing the Washington State approval. ak. 6) Need signatures of all owners and mortgage beneficiaries. Signatures must be originals on the my lar map and notarized. Signatures and notary stamps must be in black ink. 6~ 7) Pay all outstanding fees prior to recording. Once all major fees and activities have been addressed, please provide notification to the plat reviewer. Within one week of notification, King County Finance will then provide the final fee balance to be paid at plat approval. ...d. 8) If you want to speed up the recording process, then after the redlines have been addressed, please take a copy of the plat into the assessors office for their preliminary review. Also, the applicant should contact Lilian Yetter at 206 296-4184 and pre-pay the taxes due for the new proposed lots. 9) Regarding the Redline comments on all pages: a) Add the DDES File No. L02POO II to the lower left hand corner of all pages. 10) Regarding the Redline comments on Page 1 of 4: I .. _---------------------- a) Insert "Development" into the vested owner's name. b) Move the King Council Approval to below the Finance Approval-which is the order of review I processing. II) Regarding the Redline comments on Page 2 of 4: .£. a) VerifY I remove the partial text in the lower left hand comer. J!.... b) Typo in the "King County Drainage Easement and Covenant". £ c) Revise note 5 to the following: "Tract "A" is a recreation tract for the benefit of all lot owners in this plat. Each ownership of a lot in this plat (lots I through 23 inclusive) includes an equal and undivided ownership interest in Tract "A". TliiEamilton!'~ Homeowners Association shall be responsible for the maintenance of said I ract <r~ However, should the Homeowners Association fail to properly maintain Tract "A", then the lot owners of all lots I through 23 shall be equally responsible for the maintenance of said tract." d) Add to the first note 6 the following: "An easement over, and across the entire Tract Cis hereby dedicated to King County for ingress and egress for access to Tract B." e) Revise the second note number 6 to number 7 and change "c" to "D" and revise "Joint Use Driveway" to "Access". f) Remove note 8.· g) Add the addressing ranges in the note 9. h) It looks like you qualifY for an exemption to the impact fees for the residence that will be demolished. If you wish to take advantage of it, you will need to revise notes 12 and 13 to the notes provided below. i) Add "P3094" to note 14. j) k) Remove note 16, unless you can show where it was required. Revise note 19 to the following: "Tract "E" is a Sensitive Area Tract (SAT). Each ownership of a lot in this plat (lots I through 23 inclusive) includes an equal and undivided ownership interest in Tract "E". The Hamilton Place Homeowners Association shall be responsible for the maintenance of said Tract "E". However, should the Homeowners Association fail to properly maintain Tract "E", then the lot owners of all lots I through 23 shall be equally responsible for the maintenance of said tract." I) Correct the indexing data in the title block at the lower right hand corner. m) "Incased" in the monument descriptions should be "in case" . ..Dl5.. n) Regarding boundary control-if you are going to hold to the existing monument per plat iO~ ofWeglins First Addition for controlling the west margin of the road right of way, then up..~t ~I>:\ please make the redline additions shown on the map and add the following note No. 22: 711 fJ:l\S \) t<~ "22) By our signatures on sheet I of 4, we the owners of this land hereby dedicate that '~O()tl(1' <,{ portion, if any, of Tract 5, Block I of Janett's Renton Boulevard Tracts, recorded in o E:~G.Je Volume 17 of plats, page 60, records of King County, Washington, lying easterly of the 11-Westerly margin of the 60' right of way as monumented per the existing centerline monumentation found at the time of this surVey, and as shown hereon as "CIL 160th Avenue Southeast (As Monumented per WF A)" . .Jlh 0) Show in the boundary control, the centerline of right of way as established by the underlying plat of J anett' s Renton Boulevard Tracts. See suggested redlines. 2 ,---------------------------------------- ok. p) Verify the "UTILITY EASEMENT NOTE:". This note appears to be solely for the benefit for the power company. Normally we recommend using a more generic note to accommodate all utilities -see recommended note below. ~ // 12) Regarding the Redline comments on Page 3 o~ -LL.I5:... a) Remove the verbiage in the uppertl'~anQ corner regarding "DOES" . .-12.l;,.. b) Add "drainage" to the "Private Stbfl(Drainage) Easement" notes. - A c) The lot and tract areas are not required to be shown on the final plat map. If you leave them on, we recommend that you add +1-to each one. Also please verify the areas with ok the mapchecks. d) Rename Tract A as a Recreation Tract. e) Add the 5' BSBL to t\1e Public Drainage Easement in Tract A. f) Add the 10' Private Storm Drainage Easement with dimensions in the west end of Tract A. g) Add "Sensitive Area Tract" to Tract E. h) Add the recording no. to the Encroachment easement in Tract E. ~ i) Assuming that the fence encroachment is removed from the remainder of the plat (outside of Tract E) -it should also be removed from the plat maps. j) Remove the centerline and the centerline data in Tract C. k) Add "(private)" to Tract C if there is enough room. 1) Add the 12' access easement to lot 23. m) Add the 5' private drainage easement along the south line of lot 23. n) Verify that the gate is still applicable. 0) Add a dimension along the 5' wide private drainage easement in lot 1 as measured from the west end of the approximately 10' wide private drainage easement that runs along the north side of said lot 1 --so that a closure can be calculated. p) Verify that the sidewalk for the mailboxes between lots 3 and 4 extends outside of the right of way. Add an easement dedicated to the public use for sidewalk purposes. Include dimensions. ~ q) Verify the street name with addressing when it is available. -L -r) Add a note similar to the following: "The 100 year flood elevation is all contained outside of the boundaries of this plat." For your reference see H.E. condition no. 8 and the approved engineering plans sheet C3 of 13. ....Q./s. 13) Regarding the Redline comments on Page 4 of 4: ok ok oK ok ok. ok -ok a) Remove the verbiage "DOES" at the upper left corner. b) Add "drainage" to the "Private Storm (Drainage) Easement" notes. c) The lot and tract areas are not required to be shown on the final plat map. If you leave them on, we recommend that you add +/-to each one. Also please verify the areas with the mapchecks. d) Add the sidewalk easement between lots 9 and 10, if applicable. e) Remove the peripheral dimensions that do not apply to this page. f) Verify / remove the fence encroachments shown -if they have been removed from the property. g) Verify the street name with addressing when it is available. h) Add the 5' private drainage easement along the south line of Lots 16 and 23. 3 -El. i) Add the 5' private drainage easement in lots 14 and 15. ok j) Relinquish the 5' power easement that goes through lots 12 and 13. Provide a copy of the· recorded relinquishment document signed by the power company. Also have the exception removed in an updated supplemental to the plat certificate. ~ k) Remove the centerline and the centerline dimensions from Tract D. oIl I) Verify the centerline distance of 160.11 feet to the monument at the intersection of 160 th ~UNPI\II. 'f Ave. SE and SE 132 nd • My copy of the adjoiner plat is hard to read, but I got 163.29 feet. fl.CVISE-D Could your distance be measured? L ni) Verify your centerline distance of 11 0.56 feet. After calculating around and through several lots, I got 109.12. . L 14) Please add more detail to the survey control used to establish the boundary. Show calculated, prorated and underlying plat distances. 15) Regarding the Hearing Examiner Conditions: Q k a) To address H.E. condition no. 3 and 4, please provide documentation allowing a total of S ~ Ik 23 lots in this plat. Justification for an additional 6 lots over and above the base density J:. ~ [' p... of 17 lots is required. Please provide copies of any approved Transfer of Density Rights ,v..5 0 ((,""""0 (TDR). _ b) Per H.E. condition no. 14, if there was wetland mitigation required, then a bond will be required prior to plat approval. ..J:2!s.. c) Add the Sensitive Area Tract note per H.E. condition no. 15. 16) Regarding the Plat Certificate: ~ a) Relinquish the easement for electric transmission and / or distribution line under recording number 8701231303. See title exception no. 1. L b) Add to the plat as a "Subject To" the exception no. 2 regarding the agreement and terms and conditions thereof contained in document under recording number 20040729000541. 17) I have a copy of the final detailed recreation plan. However I don't have a copy of the approval letter. Please provide a copy of the approval letter for the final detailed recreation plan. 18) Address and return the redlines together with 2 copies of the revised maps. THE FOLLOWING ARE SUGGESTED NOTES: Easement Provisions: (example -change named franchises to suit) An easement is hereby reserved for and granted to US West Telephone Co" AT&T Cable TV and for Puget Sound Energy, and their respective successors and assigns, under and upon the exterior 10 feet, parallel with and adjoining the street frontage of all lots and tracts, in which to 4 install, lay, construct, renew, operate and maintain underground conduits, mains, cables and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with electric, telephone, TV, and gas service, together with the right to enter upon the lots at all times for the purpose herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition by the utility. No lines or wires for the transmission of electric current, telephone or cable TV shall be placed or be permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building. DEMOLISHED RESIDENCE IMP ACT FEE NOTES: NOTE FOR SCHOOL FEES "SCHOOL FEES FOR LOTS -:--__ THROUGH _-::-::----:- Fifty percent of school impact fees were paid at the time of final plat approval in accordance with King County Code 2IA.43.050. The balance of the assessed fee, $ per lot, together with the current administration fee, must be paid at the time of building permit issuance." "SCHOOL FEES FOR LOT .,-------:-_ One residential unit was existing prior to the development of this subdivision. If the issuance of a new building permit for Lot occurs on or prior to ,r~ 07 -Zoo -, , (three yetll'S' -tlftel date of clie Issuance of the demolition pellliit), then said lots shall be exempt from the payment of the school impact fees. If the issuance of a new building permit for said lot occurs after S -0 7 -ZOO" , then the full assessed fee, $ 4-'l "lid per lot, together with the current administration fee, must be paid at the time of building permit issuance. See K.C. code 2IA.43.070.A.2." NOTE FOR ROAD MPS FEES (If all fees are paid at recording, with the exception of the demolished residence -i.e.: No need to address demolished residence if no fees are required at building permit ---use standard note below): "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." (If fees are deferred to building permit): 5 .' "ROAD MPS FEES PER K.C. CODE 14.75 FOR LOTS· THROUGH -- This plat is subject to King County Code 14.75,. King County Road Mitigation Payment System (MPS). For Lots through , the MPS fees plus the MPS administrative fee shall be paid at the time of building permit application at the rate in effect at that time. ROAD MPS FEES PER K.c. CODE 14.75 FOR LOT One residential unit was existing and occupied within the three years prior to the application for development of this subdivision. Lot __ in this plat shall be exempt from the payment of fees required by King County Code 14.75, Mitigation Payment System. See King County Department of Transportation Public Rule 6.2.1.4." Steve Van Patten, P.L.S. Engineering Review Section J 6 ~K1NG COUNTY W Department of NatOlil Resources WATER A.'I;D LAND RF.SOURCES DIVISIO~ TRANSfER Of DE\'ELOP~IE!'T RIGHTS PROGRAM 20 I S. Jad,son. sum. 600 Seanle. WA 98104-3854 January 5, 2004 Mr. Cunis Schuster 12320 NE 81h Street # I 00 Bellevue, W A 98005 RE: TOR Certificate #63 DOES Sending Site File # A98VOIIO Dear!@,_ I!v.lv<r/J,C4 (kef: io4-Ffa S-8 Enclosed is a copy (#20040105000977) of your Transfer of Development Rights (TOR) Certificate # 63, dated December 30, 2003.This Certificate reflects the sale of three development rights from KBS m. LLC (Certificate #61) and three development rights from Robert Ruddell (Certificate #36) to KBS Development Corporation. This Certificate is official documentation that KBS Development Corporation owns six urban development rights that are planned for future use at Hamilton Place DOES File # L02POOII. The original Certificate will be maintained in this Office. King County appreciates your participation in the TDR Program. Please contact me if I can be of further service at (206) 296-1941 or via email at mark.sollitto@metrokc.gov. TOR Program Manager Enclosure cc: Faith Roland, Department of Natural Resources and Parks Fereshteh Dehkordi, Department of Development and Environmental Services R;'lcordlng Requested By When Recorded Mall To: Mark Sollitto ® King County Transfer of Development Rights Program Water and Land Resources Division 201 So. Jackson 51. MS: KSC-NR-0600 Seattle, WA 98104 . Transfer of Development Rights Certificate Number: 63 i Urban Development Rights Date Issued: December 30, 2003 Certificate Issued To: Name: !lE~~~ Address: City & ZiP::~~~~tl:l§QM This development right(s) Is/are transferred from the following certified sending site, pursuant to K.C.C. 21A.37: Sending site file number: A98VOll0 Grantor: King County. a political subdivision of the State of Washington Parcel Number: 332305-9002: 332305-9062: 282305-9101 This certifies that KBS Development Corporation owns SIX (6) urban development rights removed from the sending site identified above, which has been qualified as a transfer of development rights sending site pursuant to K.C.C. 21A.37. The official record of these development rights is maintained by King County. If there is any discrepancy between the number of rights identified on this certificate and the official record. the official record shall control. If any of the development rights identified on this certificate are sold, conveyed or transferred, the person acquiring the rights shall within ten (10) business days deliver to 'the King County Transfer of Development Rights Program this original certificate. A new certificate in the buyer's name shall then be issued. The development rights may be used only on a receiving site(s) that haslhave been given final approval for additional residential density achieved through the transfer of development rights in accordance with King County Zoning Code (K.C.C. 21A.37). Approved by Representative of the King County Transfer of Development Rights p~o,g:"m f!\ter~ Committe. I~~ \zJ30 lo'} STATE OF WASHINGTON) )55. Certificate Number 61 Date Issued .l1l3..Mll Page lor4 COUNTY OF KING I ~ertify that I know or have satisfactory evidence that rlt,tt" 50,-,-,"?' '7" is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Program Manager, Transfer of Development Rights Program of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: I 1.-i5.yo "3 I To Redeem Development Rights: otary Public in and for th State of Washington Residing at ,2r',,}7;:',J , My appointment expires ~. b, (Df, In applying for receiving site approval, the applicant shall provide the Department of Development and Environmental Services with either a copy of this certificate issued in the name of the applicant or a copy of this certificate with a signed option to purchase these development right(s). For receiving sites within incorporated municipal jurisdictions, the applicant shall provide the above documentation to the municipal jurisdiction and shall follow that jurisdiction's development application review process. Before building permit issuance or before final plat or short plat recording, the applicant shall deliver the appropriate TOR certificates issued in the applicant's name to the Transfer of Development Rights Program. The applicant shall receive an extinguishment document showing that the development rights have been applied to an approved receiving site, The TOR Program shall confirm for DOES or the municipal jurisdiction that the requirements of K.C.C. 21A.37 have been met. Certificate Number .6l Date Issued .l1ll2lQl Page 2 of4 - - ----------- S'ALE, CONVEYANCE, TRANSFER, AND REDEMPTION OF DEVELOPMENT RIGHTS If any of the development rights identified on this certificate are sold, conveyed. transferred andlor redeemed for use, the person acquiring andlor redeeming the rights shall within ten (10) business days deliver to the King County Transfer of Development Rights Program this original certificate with this section properly completed. Upon receipt, certificate(s) will be re-issued to reflect the new number of rights available, If there are any, to the owner or to the person acquiring the rights after the sale, transfer, conveyance andlor redemption reported herein. A. Fill out this section for a sale, conveyance or transfer of development rights. 1. GRANTEE (Buyer) NAME ________________________________ _ ADDRESS ______________________________ __ CITYI STATE ____________________________ _ ZIP CODE _______________ _ 2. I;>RANTOR (Seller) NAME ________________________________ __ ADDRESS ______________________________ ___ CITY ______________________________ __ STATEI Zlp· ____________________________ _ 3. NUMBER OF. DEVELOPMENT RIGHTS SOLD, TRANSFERRED OR CONVEYED ____________ PURCHASE PRICE _____ _ 4. DEVELOPMENT RIGHT SELLER APPROVAL Signature of Seller Date 5. DEVELOPMENT RIGHT BUYER APPROVAL Signature of Buyer Date 6. ATTACH WRITTEN EVIDENCE OF THE TRANSACTION (e.g. Contract of Sale, Bill of Sale) Certificate Number ~ Date Issued 11ll.01Ql Page 3 or4 Fill out this section for a redemption of development rights for use at a receiving site. 1. OWNER (Person Redeeming Rights) NAME ________________ __ ADDRESS ____________ _ CITY _____ __ STATEI ZIP--'W"-A"'-______ _ 2. RECEIVING SITE FOR WHICH DEVELOPMENT RIGHTS ARE REDEEMED: TAX PARCEL NUMBER(S), _________ __ 3. KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES RECIEVING SITE DEVELOPMENT APPLICATION FILE NUMBER _________________ __ 4. KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES RECEIVING SITE DEVELOPMENT APPLICATION APPROVAL DATE, _______________ _ 5. NUMBER OF RIGHTS REDEEMED ________________ _ 6. DEVELOPMENT RIGHT REDEEMER APPROVAL Signature of Redeemer Certificate Number .6l Dale 1ssucd 1.2.ll2l2l Date Page 4 of4 1) STATES OF 4JJt , ~~\<t'f~ :: .~' .. , J..lt1C.,. m,e ~tate of ~. ~ Wasbington *.. . .' Secretary of State I, SAM REED, Secretary of State of the State of Washington and custodian of its seal. hereby issue this CERTIFICATE OF INCORPORATION to MAGNOLIA HOMEOWNERS ASSOCIATION alan W A Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 12/13/2004 UBI Number: 602-453-321 APPID: 196935 Given undel' my hand and the Seal of the State of Washington at Olympia. the State Capital Sam Reed. Secrefary of Stare VanPatten, Steve From: Sent: To: Subject: Graves, Stacy Tuesday, December 28, 2004 9:03 AM VanPatten, Steve FW: L02P0011 5AUt Steve, just in case you need from me, we are good to go, bonds and fees are good. thanks -----Orlginal Message----- From: McDonald, Dana Sent: Monday, December 27, 2004 12:39 PM To: VanPatten, Steve; Pray, Jeff Cc: Graves, Stacy Subject: L02POOll Hello and Happy Almost New Year! The agent working on behalf of KBS Dev., Curtis Schuster, came in today and submitted the street tree fg (A04BN480), rec/landscape fg (A04BN192) and the inspection deposits for both as well as paid the rec & school fees & submitted the surety bond rider for rest. A04BN201. As they are anxious to make it before the next meet of the council in able to record, he asked that we let you know. Stac-I left the fgs on your desk, entered in AjRand updated status in permits plus w/rcd date only. Jeff-Will deliver the signed inspection fee quotes he left for you before the day is through. He also asked that if there were any problems that would jeopardize ability to record ASAP to give him a shout at 206 261- 2112. Thank you, thank you!! 1 ,----------------------------------- ® King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Permit Number: Date Issued: Expiration Date: Permit Status: Construction Permit Permit Type, Subtype: INSPDEMO, TOTAL Title: 80410091 05/07/2004 05/07/2005 ISSUED Description: BE RELOCATED Location: DEMOLISH TWO EXISTING RESIDENCES; THIRD BUILDING ON LOT TO LOT 5, BLOCK 1, JANETIS RENTON BLVD TRS List of Parcels: Site Address: Valuation: Applicant Name: 366450-0100 13305 160TH AVE SE KC SO.OO KBS DEVELOPMENT CORP Comments and Conditions 1. Work Subject to Approved Plnlls and Conditions. Work authorized by [his pemlit is subject to the approved plans and corrections shown thereon and the attached conditions of permit approval. Failure to comply with all conditions once construction is begun may necessitate an immediate work stoppage until such time as compliance with the stipulated conditions is attained. 2. Posting on the job sile. This penn it must be posted on the job site at all times in a visible ilnd readily accessible location. 3, Scheduling Inspections, Singie family residential inspections may be requested at any til11e by calling (206) 296:6635. Commercial, multifamily, and new construction ure inspections may be requested at any time by calling (206) 296-6615. Inspection requests received by 3:00 pill on a normal workday will be scheduled for the following workday. Building and new construction fire inspectors arc available from 7:30 am to 8:30 am at (206) 296-6630 on normal workdays. General building and new construction fire inspection information will be provided at (206) 296·6630 from 7:30 am to 4:30 pm Mon., Tues .. Thurs., and Fri., and from 10:00 am to 4:30 pm on Wed. except holidays. 4. Expiration. Please note the expiration date on this pennit located in the upper right comer. A pennit may be extended or renewed in accordance with the King County Code only if a request to do so is received at least 30 days prior to theexpiration date. 5. Compliance wilh State nnLl Federal laws and the Endangered Species Act. The applicant is responsible for making a diligent inquiry regarding the need for concurrent state or federal permits to engage in the work requested under this permit. and to obtain the required permits prior to issuance of this permit. It is understood 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 this pennit does not authorize the violation" of regulations. In addition. the granting of this pennit does not authorize the violation of the Endangered Species Act as set forth atl6 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). It is the applicants sole responsibility to determine wbether such "take" restrictions would be violated by work done pursuant to this permit, and is precluded by Federal Law from undertaking work authorized by this pennit if that work would violate the "take" restrictions set forth at 16 U.S.C. §1538, 50 C.F.R_ §17.2r,;0 C.F.R. §17.31, 50 C.F.R. §223 and 50 C.F_R. §224. 6. Fees due: Enfor(!cmcnt. The King County Code states that fees associated with the review and inspection of projects requiring pennit applications arc due at the time of application for service, or within tineen days ofreccipt of an invoice from King County's Depanment of Development and Environmental Services (DOES) stating that currently hourly rates are due. ODES may require a deposit of between twenty to eighty percent of the total cost of the review and inspection of a pennit application at the time of application. Failure to pay fees in a timely manner is a civil violation. It is King County's policY,to take enforcement action including, but not limited to. the issuance of a Notice and Order and/or Stop Work Order. when an applicant has violated the King County Code by failing to pay fees when due. [Iy accepting issuance of this permit, the applicant acknowledges thai if he/she fails to pay fees when due. DOES may bring a code enforcement action to recover unpaid fees. 1011712003 Br ]RI>tCARD ·' December 21 ,2004 KBS/)cve1opment Corporation Attn: Curtis Schuster 12320 NE 81h St.Suitc 100 BeiI'i!vue, WA 98005 , "'~' King County Water DistrictNo. 90 15606 South East 1281h Slreel Renton. Wasllington 98059~,4540 Phone: 425·255·9600 Fnx: 425·277·4128 RE: Substantial Completion of Water Mains and Hydrants -HamiltonPlacc -DDS File # L02POOl1 Distric.t90.Permits # B04FOl47 and W-l!57-04 Mr. Schuster: District staff has reviewed the HamiitonPlace Water System and found that lhe.water mains are in and the hydrants operational on Sf 133 rt1 St. between \581" Ave SE and 160lh Ave SE. Therefore, thisletter is te inferm yeu·that the water mains and hydrants have been installed te theDistric(s satisfaction. If you have any questions on this maller, please give me a call. IMM\ Tho!l1as N. HofJman General Manager, KCWD 90 . cc: Cilrtis G. Schuster, KBS Ill, LLC Russell Nishikawa, Reliable Construction, Centracter Z;\Develoj)C:f F..xlensions\Substanliai Completion\l {ftmilton Place 1221 O.l,doc .' " 'i " , • I" " '~,:' , , " '.;, ·~~;r·x .9F .;RF;N'}'ON .:1' ·· •• ~l¥nl~~!3~i1~i~~blicWo~ks I;>epaittniilit .,.. ." .. C::;reggZlmnicmia. P.E~Admlnlstrator v.,h" V.", ....... ,..:,,..' Mnyilr . DccclIlber.27; 2004 '" "',',' i • " \ , ','.'d .' CurtisSclnister KBSIH, LtC . 12320NE 8'b Street, SuiteltJO ·Bellevue, W A 98005 . " . " . , , , , ri f , ':::' ' t· ,:~:i~;:!j',: ~~' ': ;' !::l~~r, . /,J" '1:,:<i':~~1'{~:I!::;:; " ,',,:' t, " 1 'I: SUB,TECtI':' PLATOFHAMlLT:ONPl:,ACE--SANI1'~Y'SEWER, . KCPIDNW36~~~O:OJOO;;I~~O§.I6.0:rH AVEjiiUESE' ,Denr'Mf. 'Schuster: ... " ... '~::. ,Ai; r6quc~ted, tl1eyity of'Rcnt;'q~~i\,lihnstl)~tihe Sfllitaryse'wer fqi:,;hcsllbjcctplat i1U~ beell, installed: As su'~h; tlie City takes l1o~xceptiolltll·.t11crecoi·dinip)f th is,plat \~'ilh King COIi'nty~ Final approval of the improvements by'the City.issubjeci 10 tlie coiiipletion.oflhedoll'nstrcntn system ,vithiu 136'b AVCliue.!'iE, as it ties)ntoour exisi:ngsyst~rn a.dj?cent tq Highlands Esrales Pial. Final Jlpproval is ,ilso subject to any.li!lal'Pllnch,listiij)f11s)!Ie!'tili~d by our Public Works Inspector. "' .. "" <', :, ,.,:," I':;' :'!ii":';,':;'~,),,,;," :"i' ,,::,!,~~:, ', .. ,/><:;!J L,;,!;,{,:'",;!l:' ""-';;',,>, ,'i;;< y,);.",.':,;,'::,}:>,;:, I ::Priortoissuaricc' orallY sides"w"r permits'by the Cit)'. this:'Cleveldpmcnt 'will'o" requircdilo 'conirlcte nlloIlJSi~,il'l ing l?,iin'cb·1 i.~td·\ems: i1.c~1(itii::d"I1,I.<lt~~"c9mp let;'oli, il~d ~,ecep!~ncc of the . above mentioned downstr~"in.sys!,Cf11.· Plcase:c..~o.rd iilate ihcse,:hctiviticswith tlie npproprintcc;ity. Hublic \Voi'ksilhsl'eCIOr to;filcililnte·tlieii:'coil,-pletion;. : ... "': . . .. . ,,' '.,". ,''',_" '",; »\ ~._>:~' ',F, ~":-',-", ',: ,." ".,,:' .:, , , -' . .' I '~ .• \' r; ~i~l.irq;!~d9i~ip!i.!J!:ij}for~~~,t i.?!1,~I~~S,7~OI!~f1ct;l11ca( ,(4 2~):4 J.Q~ 7212 . . ' "" . :-" : . : ,:' ~:'\i'" 'I,' .. :.:' . " "'1 "I I, I': , . " :" I '", ',,' King County Project No. >= LOOXXXXX SUBDIVISION Depllrlment of Development and Environmental Services 900 Oakesdale A venue Southwest Renton, WA 98055-1219 and SHORT SUBDIVISION REQUEST TO RECORD Interoffice Memo DATE: December 14, 2004 'J TO: Tim Cheatum Land Use Inspection Section RE: Project Name: ---'H'-'-"'aJ"'n"'il."to"'n'-'P'-'I""ac"'e'----______ Project No.: _L~0",2",P,-,0",0,-,1-,-1 _____ _ Project name as shown on recording document: _____________________ _ Final Activity No.: __ --'L"'0""4"'-F-"R"'0"'-S!!.S ______ _ Inspection Activity No.: _-"L"'0""4"'SI"'0"'S.!..1 ______ ,- Please inspect the above-referenced project for the following items: The Land Use Inspection Section does not recommend recording if any item is marked No I. KCC 9.04.090(c): Are those portions of the drainage facilities necessary to accommodate the control of flows discharging from the sites constructed and in operation, per public RJD rule? X Yes No 2. Are water mains and hydrants installed? (must also be approved by Fire Marshall) X Yes __ No (Per Gay Johnson 12/14/04) 3. Are roadways graded to all lots capable of providing access by passenger vehicles? X Yes No 4. Are specific site improvements required by preliminary approval installed? X Yes No 5. Is sensitive area to remain undeveloped delineated? X Yes No 6. Is temporary control monuments set by Land Surveyor? X Yes No 7. Are all safety hazards addressed? X Yes No 8. Do you recommend the recording of the subdivision or PUD and issuance of building permits? If you've marked No, give reason(s) in comments section below. __ x_Yes No 9. Are there any building lots on this plat, which should have further review or engineering prior to building construction? If so, identify those lots in the comment section below and describe concerns along with suggested final plat note(s). 10. Minimum Performance Financial Guarantee required for recording is $._2"'6"'0"'."'3:!.40"-________ _ Restoration Financial Guarantee may be used if a Performance Agreement to Complete form is completed. I I. Minimum Landscaping Financial Guarantee amount required for recording is: $ -"47"',...,7-'.1-'.1 ______ _ 12. Minimum Recreation Financial Guarantee amount required for recording is: $ _________ _ 13. Minimum Street Trees Financial Guarantee amount required for recording is: $ .;tS,545 ~ /;l, U-.5=- I COMMENTS: ______________________________________________________ __ Inspector's signature and ~a~t~e=: :::;;;;;.~:..:..~~=?~4~:z::::::::"---...!...1,;;2.~'LZ't~'f Project Manager's signature and date: RETURN'TO: ,Engineering Review Section S/Forms./CURRENTFORMS. ReqtoRec. Present. 03/23/04 Copy I: FGMU Copy 2: inspector Dept. of Development and Environmental Services Land Us. Services Division 900 Oakesdale Avenue Southwest Renton. WA 98055-1219 . DATE: 10000j8/0i I TO: Financial Guarantee Management Unit RE: Project Name: ·IIAM, '-11>N fZ.AU Project No.: .Ld;z.!' 00/1 Inspection Activity No.: £0 </SI08/ After a review of the Bond Quantity Worksheet (BQW) and an inspection of the project, the Land Use Inspection Section authorizes the reduction of the following Performance financial Guarantee: '-Financial Guarantee Activity Number: ________ _ 1. Original TOTAL performance amount (Line T on BQW): $ 64~/69 I $ ;t&'o,lio • 2: Total ofImprovements NOT completed (Line T -Line E on BQW): 3. 30% of Line I above (Line T on BQW): $ /91; t/s-o 4. REQUIRED Guarantee Amount (Higber of Line 2 or 3) Conunents: ______________________ -'-_________ --,-__ NOTE: Only one reduction inspection is authorized. The fmancial guarantee will not be reduced below 30% of the original amount. . Original: FGMU Copy .1: Inspectorr Copy 2: BF Engineer Copy 3: Platting Engineer (if not recorded) SlFORMSICURRENTFORMSI.FG Re<iuction.doc/05/21/03 Centre Pointe ---Surveying, Inc., P.S. Mr. Steve Van Patten King County D.D.E.S. 900 Oakesdale Avenue Southwest Renton. WA 98055·1219 September 29, 2004 RE: Subminal of the Final Plat of Hamilton Place. County File No. L021'0011. Our job number 1808. Dear Steve, Enclosed please find our submittal package for the Plat of Hamilton Place. I have enclosed lot closures and II copy of the Hearing Examiners Rep0l1. I have made statements below on how we addressed each comment. Please accept these items for submittal oflhis plat. If you have any questions or need additional information, please give me a call, Hearing Examiners Decision Item Number: I) The tinal plat will comply with Title 19A of King County Codes, priorto recording. 2) All persons who have un ownership in the property will sign the tinalmylars upon tinal approval. . 3) All lots meet the density for the R·4 zoning classification. 4) Tmn5fer of Density Credits, if any have bcen provided to the coullty. 5) All road construction is completed 10 current King County Road Standards. 6) Approval by the King County Fire Protection Engineer will be obtained prior to recording of the phil. 7) Conditions ofnpproval for the surface water adjustment have been dealt with according to the approved engineering plans. . P.O. Bo. 44t6· Federal Way. WA 98063-4416 Phone (253) 661·190t . Fax (253) 661·7719 • 8) Wetlands and their buffers have been shown on the face. of the. plat and placed in their appropriate tracts. 9) Road A, Tracts C and D have been constructed to county sUlndards. Notes have been placed on the final plat to assign ownership and maintenance to Tracl~ D and C. 10) Utilities arc being or have been installed within the King County proposed right of way. Prior to recording the plat this item will be completed. I I) MPS fecs will be paid at timc of building permit. 12) School mitigation fees will be paid prior to recording of the plat. 13) Wetl~nds and sensitive areas have been nagged in accordance '''ith KCC 21 A.24.160. 14) Appropriate buffers have been established and shown on the face of the final plat. 15) A note eonceming the Restriction for Sensitive Arca Tracts and Sensitive Areas and Buffers ill be placed on the final plat mylars. 16) Recreation space has been provided within Troct A. Tract A will be dedicated to the Home Owners Association for the appropriate use. 17) Homeowner's Association documents will be provided prior to final plat recording. 18) Street trees will be established in accordance to the approved plan. 19) The approved engineering plans concerning storm water detention have been provided. 20) Analysis will be provided prior to final approval concerning the downstream improvements, Sincerely, .(~~ Stephen H Woods. PLS Projects Manager ® King County Department of Development and EnvIronmental ServIces 900 Oakesdale Avenue SW Renton. WA 98055-1219 January 4, 2005 TO: VIA: FM: RE: Connie Wong, Supervisor, Abstract Section, Accounting Division, Department of Assessments Jo~ ~~ision Manager Jam~ers, P.E., Development Engineer Final Plat·ofHAMILTON PLACE DDES Project No. L02POOIl The Land Use Services Division has reyiewed the referenced final plat and finds the subdivision in compliance with applicable County codes and the conditions of final plat approval set forth by the County Council. We therefore transmit to you the attached original tracing of the plat for your approval. Please forward the plat to the Office of Finance for collection of taxes and assessments, and for their certification. COUNCILMATIC DISTRICT: 12 Attachment cc: Lilian Yetter, Platting Technician, Office of Finance ,~ ® King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 January 4, 2005 TO: Clerk of the Council VIA: FM: RE: Final Plat of DOES Project No. L02POOIl The Platting Unit of the Engineering Review Section has checked this plat (4 sheets) and finds it complies with the requirements of King County, with the exception of the certification by the King County Office of Finance .. A statement showing receipt for the plat recording fee of $85.00 is attached. COUNCILMATIC DISTRICT: 12 Attachments: Copy of Sewer and Water Availability Letters Statement for the Recording Fee ® King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 January 4, 2005 TO: VIA: FM: RE: Connie Wong, Supervisor, Abstract Section, Accounting Division, Department of Assessments Joe ~~ision Manager Jam~ers, P.E., Development Engineer Final Plat·ofHAMILTON PLACE DDES Project No. L02POOll The Land Use Services Division has reviewed the referenced final plat and finds the subdivision in compliance with applicable County codes and the conditions of final plat approval set forth by the County Council. We therefore transmit to you the attached original tracing of the plat for your approval. . Please forward the plat to the Office of Finance for collection of taxes and assessments, and for their certification. COUNCILMATIC DISTRICT: 12 Attachment cc: Lilian Yetter, Platting Technician, Office of Finance ® King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 January 4, 2005 TO: Clerk of the Council VIA: FM: RE: Final Plat of AMILTON PLACE DDES Project No. L02POOIl ------------------- The Platting Unit of the Engineering Review Section has checked this plat (4 sheets) and finds it complies with the requirements of King County, with the exception of the certification by the King County Office of Finance. A statement showing receipt for the plat recording fee of $85,00 is attached. COUNCILMATIC DISTRICT: 12 Attachments: Copy of Sewer and Water Availability Letters Statement for the Recording Fee King County , Department of Development and Environmental Service. Land Use Serrices DIvision PLAT NAME FINAL PLATIING PROCEDURE (Interoffice Use Only) II /J /J1! L TO IV DATE PROIECf NUMBER AcnYITY NUMBER LOZ,POOI/ L04-F~()S-8 DATE NUMBER OF SHEErS RECORDING PEB COUNCIL DISTRICT 4-8 S-, 00 )2.. The latting Unit will complete Final Plat review by ensuring each plat condition has been satisfied or bonded and all. fees that are due have been paid, Each recommendation of the adopted plat conditions shall be initialed and dated by the reviewer when that condition is satisfied. Following Final Plat review, this form shall be completed by the reviewer and attached to the Final Plat mylars with other appropriate documents (see 3 below). Since this step represents the culmination of the subdivision process, the procedures listed below are intended to assist staff in processing the final plat as completely ,and expeditiously as possible. PROCEDURE' 1. When all conditions have been satisfied and all fees are paid, the Plat Reviewer will fill ont this form and place It In the Word Processing Unit with pink slip attached, Update and approve SIERRA routing and base screens for the FINAL-" activity. 2. Word Processors shall prioritize this form and type the Assessor's (AM) and Clerk of the Council (COMPLIES.COC) plats only transmittal memos. Typed memo(s) shall be returned to Plat Reviewer. 3. Plat Reviewer will paper clip to the Final Plat mylars this form and one copy of the following: 4. 5. 6. 7. 8. -COCmemo -AM memo -Recording Fee Receipt -Final Health Department Approval form -Lot area (segregation) calc sheet oUst of SIERRA project activities (Keyword LACT) -Verification that all fees are paid (Keyword SPROJ) Plat Reviewer shall combine mylar package with KEY DOCUMENTS file and submit to Platting Unit Senior Engineer for review and initialing. Then the package and file shall be routed to the Development Engineer for approval and signature. Office Tech shall assist in organizing the package and KEY DOCUMENTS file. Make sure file has adopted conditions report recommendations initialed and dated by the review(s). The Development Engineer shall sign the map and initial transmittal memos when satisfied review is complete for recording. Mylar package and KEY DOCUMENTS file shall be forwarded to Manager's Office. Manager shall sign the map and initial tranSmittal letters when satisfied review is complete for recording. All documents shall be returned to Office Tech or Plat Reviewer. Office Tech'shall make 4 sets of prints from the mylars and make 2 copies of the transmittal memos, 1 copy of fee receipt' and Health approval form. One set of the prints shall be routed to the Building Services Division (Addressi'ng), 1 set to Residential, 1 set to the, KEY DOCUMENTS file, and 1 set shall be attached to the original mylar and Assessor's Office transmittal memo along with memo copy and lot area calcs. A copy of the fee receipt and Health form are attached to the Clerk's memo. One set of prints, copies of memos, original fee receipt, Health approval and this form shall be placed in the KEY DOCUMENTS file. Update SIERRA base screen. ' Memos, attachments, and mylars sha1I be routed to the Engineer Tech for delivery to Seattle. Engineer Tech shall drop off the Assessor's transmittal and mylars to the Assessor's Office (7th floor, Administration Building). For plats, deliver the Clerk's transmittal memo (Room 452 Courthouse). The copied Clerk's transmittal memo shall be date stamped (by the Clerk) and placed in the division's KEY DOCUMENTS file upon return. nfi/P'INM..CHK Feb. 22, 19U--10IU_/d, i. ,: • ,., • OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 850 Union Bank of California Building 900 Fourth A venue Seattle, Washington 98164 Telephone (206) 296-4660 Facsimile (206) 296-1654 March 28, 2003 REPORT AND DECISION SUBJECT: Department of Development and Environmental Services File No. L02POOll Location: Applicant: HAMILTON PLACE Preliminary Plat Application Between 158" Avenue Southeast and 160" Avenue Southeast, on the north side of Southeast 134" Street, if extended KBS Ill, LLC represented by Wayne Potter 17423 Topaz Loop SE Yelm, W A 98057 .King County: Department of Development and Environmental Services represented by Kim Claussen, Bruce Whittaker, Kris Langley 900 Oakesdale A venue Southwest Renton, Washington 98055-1219 Telephone: (206) 296-7211 Facsimile: (206) 296-6613 SUMMARY OF DECISIONIRECOMMENDATION: ·Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: EXAMINER PROCEEDINGS: Hearing Opened: Hearing Closed: Approve, subject to conditions Approve, subject to conditions Approve, subject to conditions (modified) March 18, 2003 March 18, 2003 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. • • L02POOJ J -Hamilton Place Page 2 of 10 ISSUESffOPICS ADDRESSED: • Transfer of density credit • Traffic impacts and mitigation • Surface water drainage • Water supply SUMMARY: Application for subdivision of 4.32 acres into 23 lots in the urban area, including transfer of density credits, is granted preliminary approval. ' FlNDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FlNDINGS: 1, General Information: Owner: Applicant: Engineer: STR: Location: Zoning: Acreage: Number of Lots: . Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Mary Hamilton 15821 SE 132nd Place Renton W A 98059 Robert Ruddell KBSm,LLC 12505 Bel-Red Road, #212 Bellevue, W A 98005 (206) 623-7000 BP Land Investments, LLC POBox 5206 Kent, W A 98064-5206 14-23-4 Between 1581h Avenue Southeast and 160'h Avenue Southeast, on the north side of Southeast 1341h Street, if extended R-4 4.32 acres 23 lots Approximately 5.3 units per acre Ranges from approximately 4,556 to 6,338 square feet Single-family detached dwellings City of Renton King County Water District #90 lO2POO11 -Hamilton Place Fire District: School District: • IGng County District #25 Issaquah Complete Application Date: July 2, 2002 • Page 3 of JO 2. Except as modified below, the facts set forth in the DDES preliminary report to the Hearing Examiner for the March 18, 2003, public hearing are found to be correct and are incorporated herein by' this reference. The said report is exhibit no. 2 in the hearing record. 3. Students from this subdivision will be bussed to the elemeniary school, middle school and senior high school. 4. This proposal is governed by the 1994 King County Comprehensive Plan, as amended by the Comprehensive Plan 2000 amendments adopted by ordinance no. 14044. The base density of the R-4 zone classification is four dwelling units per acre, and the maximum density is six dwelling units per acre. Density in excess of the base density, up to the maximum density, is permitted utilizing the transfer of development rights (TOR) program pursuant to Chapter 21A.37 of the King County Code. 5. The subject property was issued a transportation certificate of concurrency for 22 single-family dwelling units. These units are in addition to the single dwelling unit that currently exists on the property. This certificate reflected capacity which was available in concurrency zone no. 452 on the date of application for the certificate of transportation concurrency, and it remains in effect for the duration of this development approval. KCC.14.70.250.D. 6. The conditions of the mitigated determination of environmental non-significance will mitigate the impact of the proposed subdivision on existing downstream flooding problems. These conditions may be met by the developer of Hamilton Place alone, or in conjunction with the development of other properties in the vicinity which would have similar downstream impacts. 7. Testimony by area residents indicates that water pressure problems occasionally exist in the area of the proposed development. However, there is no evidence as to whether the cause of those problems is inadequate supply, deficiencies in the distribution system or in individual feeder lines. King County Water District no. 90 has issued a certificate of water availability for the proposed development, in which it certifies that 1,000 gallons per minute or more will be available for not less than two hours at the site. The District also certifies that it has water rights or claims sufficient to provide this service. CONCLUSIONS: I. If approved subject to the conditions recommended below, the proposed subdivision will comply with the goals and objectives of the King County Comprehensive Plan, subdivision and zoning codes, and other official land use controls and policies of King County. 2. If approved subject to the conditions recommended below, this proposed subdivision will make appropriate provision for the public health, safety and general welfare, and for open spaces, for drainage ways, streets, other public ways, transit stops, potable water supply, sanitary wastes, -------------------- 4- • • L02POO11 -Hamilton Place Page 4 ,of 10 parks and recreation, playgrounds, school and school grounds, and safe walking conditions for students who only walk to school, and it will serve the public use and interest. 3. The conditions for final plat approval reconunended below are in the public interest and are reasonable requirements to mitigate the impacts of this development upon the environment. 4. The dedications of land or easements within and adjacent to the proposed plat, as recommended by the conditions for final plat approval, or as shown on the proposed preliminary plat submitted by the Applicant, are reasonable and necessary, as a direct result of the development of this proposed plat. and are proportionate to the impacts of this development. 5. This proposal meets the requirements for the transfer of development rights. resulting in the authorization of six dwelling units on the subject property in addition to the base density permitted by the R4 zone classification. The resulting total density of 5.3 dwelling units is within the maximum density permitted by the R4 zone classification. 6. The proposed development is subject to completion of one of the alternative surface water controls set forth in the mitigated determination of non-significance for this proposal. DECISION: The proposed preliminary plat of Hamilton Place, as revised and received October 31, 2002, is approved, subject to the following conditions for final plat approval: I. 2. 3. Compliance with all platting provisions of Title 19A of the King County Code. All persons having an ownership interest in the subject property shall sign on theJace of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. !7 Ion-",Yow.oJ ;tIcd '{PI!.. -Por " /01.5 The plat shall comply with the maximum density (and minimum density) requirements of the R4 17. r /A 'zone classification. All lots shall meet the minimum dimensional requirements of the R4 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do IJot result in substantial changes may be 'approved at the discretion of the Department of Development and Environmental Services. 4. 5. 6. The Applicant shall provide Transfer of Density Credit documentation to DOES prior to final approval. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). The Applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter) 7.08 of the King County Code. " I • I , $A • • L02POOll -Bamillon Place Page 5 of 10 7. 8. A surface water adjustment (L02VOO98) is approved for ihis subdivision. All conditions of approval for this adjustment shall be met upon submittal of the engineering plans. The IOO-year floodplain for any onsite wetlands or streams shall be shown on the engineering plans and the final recorded plat per the 1998 King County Surface Water Design Manual (KCSWDM). 9. The fonowing road improvements are required to be constructed according to the 1993 King 10. 11. 12. 13. . County Road Standards (KCRS): a. b. c. d. Road A shan be improved to the urban sub-access street standard. FRONTAGES: The frontages along both 158 111 Ave SE and along 160111 Ave SE shan be improved to the urban neighborhood conector standard. Tract D shall be improved to the private access tract standard per Section 2.09 of the KCRS. Tract C shall be improved as ajoint use driveway. Modifications to the above road conditions may be considered according to the variance procedures in Section 1.08 of the KCRS. e. Lots utilizing Tract D shall have undivided ownership of Tract D and be responsible for its maintenance. Lots 22-23 shall have undivided ownership of Tract C and be responsible for its maintenance. A note to this effect shall be placed on the engineering plans and final plat. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. The Applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The Applicant has the option to either: (I) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shan be the fee in effect at the time of plat application and a note shan be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Lots within this subdivision are subject to King County Code 21AA3, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building-permit issuance: The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Permanent survey marking and signs, as specified in KCC 21A.24.160, shan also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers • • L02POO11 -HamiJlon Place Page 6 of 11 (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 14. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the Applicant. 15. Wetlands a. Class 3 wetland(s) shall have a minimum buffer of 25 feet, measured from the wetland edge. b. The wetland(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). c. Buffer averaging may be proposed, pursuant to KCC 21A.24.320, provided the total amount of the buffer area is not reduced and better resource protection is achieved, subject to review and approval by a DDES Senior Ecologist. d. A minimum building setback line of 15 feet shall be required from the edge of the tract. Alterations to Streams or Wetlands a. If alterations of streams andlor wetlands are approved in conformance with KCC 21A.24, then a detailed plan ·to mitigate for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required at the time of plan approval, to guarantee that the mitigation measures are installed according to the plan. Once the Tnitigation work is completed to a DDES Senior Ecologist's satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success of the mitigation. The Applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS 'FOR SENSmVE AREA TRACTS AND SENSmVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and , " • • L02POOll -Hamilton Place Page 7 of 11 Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged .to the satisfaCtion of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required IS-foot building setback line, unless otherwise provided by law. 16. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.ISO and KCC 21A.14.190 (Le., sport court[s), children's play equipment, picnic table[s), benches, etc.). 17. a. b. A detailed recreation space plan (i.e., landscape specs, equipment specs, etc.), shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the final plat documents. Applicant shall provide a minimum of 9,SOO square feet as shown on the preliminary plat map. A performance bond for recreation space improvements shall be posted prior to recording of the plat. A homeowners' association or other workable organization shall be established to the saiisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space andlor sensitive area tract(s). IS. Street trees shall be provided as follows (per KCRS S.03 and KCC 2IA.16.0S0): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. S-009 of the 1993 King County Road Standards, unless King County. Department of Transportation detennines that trees should not be located in the street right-of-way. c. If King County detennines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. • • L02POO) 1 -Hamillon Place Page 8 of 10 19. e. The species of trees shall be approved by DDESif located within the right-of-way, and sliall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The Applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The Applicant shall contact Metro Service Planning at 684~ 1622 to determine if 158" Ave. SE and/or 160" Ave. SE is on a bus route. If either road is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be instailed and inspected within one year of recording of the plat At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The Applicants shall demonstrate compliance with these items prior to final approva\. ' The base flow control for the stormwater detention system is Level 2 per the 1998 King County Surface Water Design Manual(KCSWDM). To mitigate for existing downstream f1oodin'g problems, one of the following options is required: a. The stormwater detention system shall be designed to the Level 3 Flow Control criteria as specified in the 1998 KCSWDM. OR b. The stormwater detention system shall be designed to the Level 2 Flow Control criteria and the following downstream improvements shall be accomplished either individually or in conjunction with other development projects in the area: The 160th Ave. SE downstream conveyance system (from SE 136" ST to approximately SE I 42"d St.) shall be upgraded to provide for the lOO-year storm capacity. Downstream driveway culverts/ditches and a cross-culvert under 160" Ave. SE shall be improved as needed. Culverts L-8 and L-l 0 on the west side of 160" Ave. SE, cross-culvert L-II, and culverts L-12 and L-14 on the east side of I 60" A ve. SE shall be improved. The culvert designations are according to the Level I Downstream Drainage Analysis prepared by Daniel Balmelli, PE dated May 26, 2002 and revised Dec 3, 2002. Bank and channel stabilization are also required in the unopened right-of-way for 162 nd Ave. SE, in the " ,--------------------------------------------------------------, , .. • • L02POOJ 1 -Hamihon Place Page 9 of 10 vicinity of the easterly line of Lot 12, Rich Lea Crest (address· 16046 SE 142"" St.). It is estimated that stabilizing and re-grading approximately 50 to 100 feet east of 16046 SE 142"" St., will be adequate to resolve flooding that has occurred at this location. The culverts and channel described are located from the south site boundary to a distance of approximately 2000 feet to 3200 feet downstream. Note that the above ditch and culvert improvements are intended to duplicate the downstream improvements required for the east sub-basin of the proposed plat of Evendell LOI POO 16. The applicant shall provide additional analysis, to be reviewed and approved by DDES, to assure that downstream improvements, in conjunction with additional runoff volume froin the site as developed, will not exacerbate drainage and flooding problems between the tennination of the required downstream culvert and ditch improvements and SE 144'" Street. ORDERED this 28'" day of March, 2003. ounty Hearing Examiner pro tern TRANSMITfED this 28'" day of March, 2003, to the parties and interested persons of record: Michael Rae Cooke Claudia & Michael Donnelly Mary Hamilton Randy Homer Fred & Helga Jaques Walter Kapioski Florence Nott Bob Ruddell Sandra Snyder Jeff & Julie Taylor Greg Borba Kim Claussen Carol Rogers Larry West Seattle-KC Health Department Steve Fiksdal Edward & Nancy Hilton BP Land Investments Bill & Cathy Johnson BP Land Investment, LLC Wayne Potter Mary Sackett Centre Point Surveying Gregg Zimmerman Laura Casey Kristen Langley Steve Townsend Bruce Whittaker NOTICE OF RIGHT TO APPEAL In order to appeal the decision of the Examiner, written notice of appeal must be filed with the.Clerk of the King County Council with a fee of $250.00 (check payable to King Cou~ty Office of Finance) on or before April 11, 2003. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before April 18, 2003. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County Courthouse, 516 3'· Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the • • L02POOII -Hamilton Place Page JO of 10 date due. Prior mailing is not sufficient if actual receipt by ihe Clerk does' not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES .OF THE MARCH 18, 2003 PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT· AND ENVIRONMENTAL SERVICES FILE NO. L02POOII James N. O'Connor was the Hearing Examiner in this matter. Participating in the hearing were Kim Claussen, Bruce Whittaker and Kristen Langley, representing the Department; Wayne Potter and Dan Balmelli, representing the Applicant; and Helga Jaques, arid Michael Rae Cooke .. The following exhibits were offered and entered into the record: Exhibit No. I Exhibit No.2 Exhibit No.3 Exhibit No.4 . Exhibit No.5 Exhibit No.6 Exhibit No.7 Exhibit No.8 Exhibit No.9 Exhibit No. 10 Exhibit No. II Exhibit No. 12 Exhibit No. 13 . Exhibit No. 14 Exhibit No. 15a Exhibit No. 15b Exhibit No. 15c Exhibit No. 16a Exhibit No. 16b Exhibit No. 17 Exhibit No. 18 Exhibit No. 19 JOC:ms/cp L02POO 1 1 RPT DDES file no. L02POOII DDES preliminary report dated March 18, 2003 Application dated July 2, 2002 (Complete) submitted May 30, 2002 Environmental checklist dated May 30, 2002 Mitigated determination of non-significance issued January 31, 2003 Affidavit of posting showing posting date of July 15,2002 and DDES receipt on July 18,2002 Plat map received October 31, 2002 (revision) Land use map 811E received Oct. 3,1977 King County Assessor's map for NE 14-23-05, revised 2-22-2000 Preliminary wetland assessment and delineation report by Chad Armour dated April 30,2002 Level I downstream drainage analysis by D. Balmelli dated May 26,2002 Supplemental level I downstream drainage analysis dated October 24, 2002 Conceptual storm and utility plan dated 05-19-02 with attached adjacent lot owner- . ship map dated 05-19-02 and preliminary recreational park plan dated 10-23-02 Letter dated January 9, 2003, reo KCSWDM adjustment request, file no L02V0098 Letter dated November 19,2002, from Claudia Donnelly Letter dated March 9, 2003, from Claudia Donnelly Email dated March 17, 2003, from Michael/Claudia Donnelly. Letter dated August 6, 2002, from the City of Renton Letter dated February 21, 2003, from the City of Renton Density credit transfer agreement received Oct. 28, 2002, with attached transfer of development rights (cert. no. 36) Emaildated November 19,2003, from Curtis Schuster (Issaquah School District) Letter to James O'Connor dated 3/8/02 from Michael Rae Cooke '.< , !7"t; Jt1! L T (} IV I'c..ACG . . I \'?'06-J> A '1.>at. ../ -!-.. . z. 4-.<;S-<" ~ B 172(,0,/ , . .1' 4-SSc. ~ C /.I)R() ~ 4-45'S(.. ~ D .3'/.>(.. -.. . r-1-S-S'r. ./ (; .14-23'>- t, 4-SS-c. -, . 7 4-S S' (." ./ . X' 4-ST~ / '1 1-S.s-( .. ../ /0 4-SS-c" ./ II 5'310 - IZ-5/00 ../ I? 4-9.)0 ./ /4-5"('>'1 "" IS-70 4-'-~ /6 . (, /2..1 . ~ /7 1-B4-3 ..- Jg SI7.s-./ /9 . 47 ZS-,/ 2.0 47 Z.S-../ Zf +-72.'> ../ z'Z.. s-s-oo C/ Z? o S' 't tf-,/' I - , - . ------ -, CHICAGO TITLE INSURANCE COMPANY .. ® 10500 NE 8TH, #1700, BELLEVUE, W,A 98004 PHONE: (425)646-9883 FAX: (425)646·9879 ;feeJ Cl' Y <J-r /-dl"" doc-. ORDER NO: 001144641 YOUR NO: UNIT NO: ETU LOAN NO: SUPPLEMENTAL COMMITMENT o R D ERR E FER E N C E I N FOR MAT ION SUPPLEMENTAL NUMBER: 1 SELLER: PURCHASER/BORROWER: KBS DEVELOPMENT PROPERTY ADDRESS: WASHINGTON Our Title Commitment dated at B:OO A.M. is supplemented as fol lows: RAGRAPH NUMBER( ) 1 ND 3 OF OUR COMMITMENT IS (ARE) ELIMINATED. THE FOLLOWING PARAGRAPH(S) HAS (HAVE) BEEN ADDED TO OUR COMMITMENT: PARAGRAPH NUMBER 5: EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CONTINUED USE AND MAINTENANCE OF EXISTING FENCE AND HEDGE APPURTENANT TO PROPERTY ADJOINING ON THE SOUTH BUT ENCROACHING ON SAID PREMISES SOUTHERLY PORTION OF SAID PREMISES OCTOBER 5, 2004 20041005000244 THE FOLLOWING NOTE(S) HAS (HAVE) BEEN ADDED TO OUR COMMITMENT: NOTE 2: GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: 2004 366450-0100-09 6B70 $ 193,000.00 $ 122,000.00 SEE NEXT PAGE SUPPLCOM/RDA/0999 • CHICAGO TITLE INSURANCE COMPANY Order No.: 1144641 Your No.: KBS DEVELOPMENT -HA11ILTON PLACE Unit No.: ETU SUPPLEMENTAL COMMITMENT (Continued) AMOUNT BILLED AND PAID: $ 3,917.83 THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE AUGUST 22, 2004, EXCEPT AS SHOWN ON SUPPLEMENTAL(S) 1. 12/20/04 AUTHORIZED BY: JANICE PARKER SUPLCOM2IRDA/0999 ,. CHICAGO TITLE INSURANCE COMPANY 10500NE8TH. #1700. BELLEVUE. WA 98004 PLAT CERTIFICATE Certificate for Filing Proposed Plat: Order No.: 1144641 In the matter of the plat submitted for our approval. this Company has examined the records of the County Auditor and County Clerk of KING County. Washington. and the records of the Clerk of the United States Courts holding terms in said County. and from such examination hereby certifies that the title to the following described land situate in said KING County. to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: KBS DEVELOPMENT CORPORATION. A WASHINGTON CORPORATION EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: $17.60 Records examined to AUGUST 2. 2004 at 8:00 AM By EASTSIDE TITLE UNIT Title Officer (425)646-9883 PLA TCRT AlRDAl0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION Order No.: 1144641 LOT 5, BLOCK 1, JANETT'S RENTON BOULEVARD TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 17 OF PLATS, PAGE(S) 60, IN KING COUNTY, WASHINGTON. PLA TCRTI./RDAl0999 --------------------------------- CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULEB Order No.: 1144641 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects. liens. encumbrances. adverse claims or other matters. if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as Imposed by law, and not shown by the public records. . F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($\OOO.OO). PLATCRTBiRDAl0999 A - . CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS Order No.: 1144641 1. EASEMENT AND THE TERMS AND CDNDITIDNS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND POWER & LIGHT COMPANY ELECTRIC TRANSMISSION ANDIOR DISTRIBUTION LINE SOUTH 5 FEET OF NORTH 180 FEET OF EAST 130 FEET JANUARY 23, 1987 8701231303 ~L B -2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: RECORDED: RECORDING NUM8ER: REGARDING: KBS DEVELOPMENT CORPORATION CITY OF RENTON, A MUNICIPAL CORPORATION JULY 29, 2004 20040729000541 DECLARATION OF COVENANT AND ANNEXATION AGREEMENT C 3. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEM8ER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2004 366450-0100-09 6870 $ 193,000.00 $ 122;000.00 BILLED: $ 3,917.83 PAID: $ 1,958.92 UNPAID: $ 1,958.91 o 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: KBS DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION CHICAGO TITLE INSURANCE COMPANY, A MISSOURI CORPORATION HOMESTREET BANK, A WASHINGTON STATE CHARTERED SAVINGS BANK $ 1',736,200.00 DECEMBER 12, 2003 DECEMBER 19, 2003 PLATCRTBI/RDAl0999 CHICAGO TITLE INSURANCE COMPANY RECORDING NUMBER: LOAN NUMBER: PLAT CERTIFICATE SCHEDULE B (Continued) 20031219002603 RC80285-B Order No.: 1144641 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. E NOTE 1: G THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOT 5, BLOCK 1, VOLUME 17 OF PLATS, PAGE 60. END OF SCHEDULE B TO EXPEDITE THE COMPLETION OF YOUR CLOSING, PLEASE FORWARD YOUR CLOSING ORDER AND RECORDING DOCUMENTS TO: CHICAGO TITLE INSURANCE COMPANY -CENTRAL RECORDING 701 FIFTH AVENUE, 33RD FLOOR SEATTLE, WASHINGTON 98104 THANK YOU, UNIT 1 -EASTSIDE TITLE UNIT PLATCRBZlRDAl0999 WHBN RBroRDED RBTURNTO Km DEVELOPMENT CORPORAnON 12320·~ 8t~ Street, Suite 100 ~VUi!, w~UNOTON9IIOO5 20031219002602.001 E2009381 :J~r~ll= PAGEIIJ OF OJ IQ\ CIDCAGO TIlLE INSURANCE COMPANY ~--------------------------~~~------,- STATUTORY WARRANfY DEED @ Dated DBCEMBER 11, 2CQJ nlEGRANTOR MARY B 1-IAMILTON, T'It.1.lSTBB OF1tIRLMND TRUSTOPMAJt,Y B HAMILTON ror and in CODSJde.ratwn d nN DOUARS AND ornER GOOD AND VAUJABlJ!OONSIOBRAll0N m hand paId, carveys aDd warrants 10 KBS OBVEl.OPNENT CORPORATION.A WASHINGTON CORPORATION the followlDg d~lbcd real estate situated 1ft the County of KING Tax Account Number{a) . 366450-0101HI9 State ofWashmgtoo LOT 5, BLOCK I, JMBTT'S RENTON BOULEVARD TRACTS, ACCORDING TO THB PLAT THEREOF, RECORDBD IN VOLUMB 17 01" PLATS. PAGS(S) GO, IN KING COUNTY, WASHINGTON • SUBJEC'l' TOI BJl.SEMSNT AND THE TBRMS AND CONDITIONS THEREOF· GRANTEB: PURPOSB: AREA APPBCTBD: RBCORDBD' RSCORDINO NUMBBR: POOBT SOUND POWBR '" LIGHT CQII(PANY ELECTRIC TRANSMISSION AND/OR DISTRIBtn'IOII LIn SOOTH 5 PBBT OP NORTH 180 PEST OP BAST 130 FBBT JANUARY 23, 1987 8101231303 LNINB TRUST OF IMRY E HAAIL TON -- STATB OP WASHIRGTCl'I COUNTY OF XING .. 2003121l1002802.002 I CBRTIFY THA.T I KNOW OR HAW SATISPACTORY ilVIDDICB 'l1IAT MARY ! H»IILTON IS TH! PERSOO WHO APPBARBD BBP'ORB MR, AND SAID PBRSON A.C'IQK)'NL!DGBD TAAT SHE SIONBD THIS IIfSTRm!$NT. OR OATH STATIm UiAT SHB WAS AtmlORIZBtJ TO BXBCU'l'B THE INSTRUMlOn' AND ACKROIILBDOBD IT AS TROST£B or LIVING TROST OF MARY B. HMfILTOO 1'0 II THB FRBB AND VOLORl'ARY N:r OP SUCH PARTY FOR THB USBS AlID PURPOSBS MBRTIOOBD III THB IttSTRUMBNT. DATBD ~/r~ , ~ ---""', . ::,. K AO .\\\ <" "--{~"'Gioii'~"" NOTARY toNATciiE I lZOTARY 1\ "~ PRINTHD \WIB ~ Lof J,JL ~ \8 -j J NOTARY PUBLIC I~ JNI) IlDR ";lB STAT. O. IlAlil~l'C!!"~'" I R&SIOING AT r.rH ~ 't, , .. !< .. ~." .f MY APPOINTMBNT BXPIRBS -dIJ. II ~~,." :-'-,,, ..... , .. , ...... --- ------.-------------------------------------------------------------------- .... ; ;; .. -i )' . ~,c . \'. -to-j 3. ;~r.;:-· .' :k ~< . " if" ' . t· ~r-" ~n''' ; :.' , .. '.:.", :; , /.; :~j~" ~; ,,~.~ ,~:!: :,~ " "'; }~ <, >OJ -, \~ .. "\" (: ',.: Public in , .... ;.ji.,S .. ~ {I~ \\ uhingcon. ..... . ~ ~-::' ..r. .:.. ~, -! Return Address City Clerk's Office City ofRmton 1055 South Glady Way Renton, WA 98055 DECLARATION or COVENANT AND 20040729000541.001 Property Tax Graatee(s): J City of Renton, a MumCJpal COIporatlon The A/IRCIDCIII exccuIecI bcreulbelweon fila C1Iy orRentmt, WashuJsIou. • mUlDtlJlOl ~ baemaftcr rd"arod 10 os ''CITY'' BOd the Onmlm(s), .. 1JIIIIIIOd above andI ... ...,.,....... m _ of_plOpor\)', hm:maIIcr refarod to OS "OWNER " IS for aad m ~ of tho Ibrrushma oralllrty """,co by the CITY 10 _ JIIOpor\y oro.: OWNER bercmafttr lefemd 10 as "PROPERTY" Tho OWNER does horeby pebboo C ... lIIIIIOXIIboo of tile PROPERTY 10 the CITY, does hereby _ to the coruhbons of IUIIlOXId!m bm:m, aad does bmby declare tina 0DVaIIIII1 ACKNQWL!!!XlEMEtUl! ANPRHPBfSMA'DONS Tho Gno .. r does bcRby adaIowIcdp aDd ..... as foil .... I I The OWNER IS the owner or_PROPERTY, _ "loeated _ 0.: C01pOI1IIe lmuts oCtile CITY 1 2 The OWNER IS aeekm& P1eImunaIy Plal approval from Kmg County for 0.: PROPERTY I J The OWNER bat I<q1ICSkd 0.: CITY 10 1bnush """'" semcelo tile PROPERlY I 4 ThIs Agreemalilo extmd sewer ......... outSIde tile corporal. 1muts of the CITY IS autbonzed by RCW 3S 67310 aad RCW 3S 92 170 mllhall nut beCOlllllUed .. a ",Iunlmy 8IJI""IIlOtII pursuant 10 RCW 81 02 020 aad therefore the pIOV18IOOS oCRCW 81 02 020 Ihall DOl be epplted baoIo I S TIlls A8Jec:m<:ut doea DOl pndudc IIDJ evaluallOll one! det_ by the CITY thot 1ater ' deYdopmenl """<118 or pn>pOSall1llldatakr.tl by the OWNER may roquue. delaillililllOO of SlBDdjamceBOd enYU'ODlPClltaJ rcYIlC'W under 8£P A 1 6 Per Ralton Mum<JpaI Code SedlOn 4-6-040, the owner orpropa1y m _'s Po .... baI Arlnc>oIhou Area Ihall exealle a _ to fbture _'00 aad complWlCO WIth catam other coodrtIons os. _Ie r ... 0.: _ of CIt COIlDCCttoD 10 the CIty's samlmy ...... sy-. outside oro.: C1Iy Lmu1s ) 7 A CITY'S RqUIJaII<:III of aa IIIIIIOXSI1cD ~ or a <0lIlIIII_ to fbture _ as. CODdIllon of ..... "'''8 UI!Irty """""...-0.: corporate 1muts of the CITY II "'""f!DI2Od by WaaJunstoo Jaw I 8 The PROPERTY I.loeated Wlthm the crrrs POTENl1AL ANNEXATION AREA or URBAN SERVICE AREA r .... ",e,.t ... _ .. adopted by the CITY m Its COOijiIebo.., .. PIaD pIlIJU8IIt 10 the Kmg COIIIIly Countywide PIamuns Pobetes r--------------------------------------------- 20040729000541.002 I 9 It .. 1M "'_ qftltt .. _ qftltt em "'.".,.,. that all pttbI .. """'o .....". that tm or CDtJlJ bo "o".,,,,_ ... IIIm 1M cotpOI'QI6 b_ <jIM em UI' ",/I bo oItlmatUy tIRIIDml """ 1M em "'" _"lid In _ ",t/r em """",",,"/"M lttIJuJmlb I 10 The OWNER'S request C .. the exIaIIIemofullh1y '""'"',... duly COIISIdaed by the CITY, and rt "'" _ that the fbnuahnts of ................ til the PROPERTY lWDId be JZoper upon the fiIllillUl8 of all COZ><bbona homn 1 II The OWNER does beroby -ledge that m the m:nI of"oIabon or _ of the tams ofttus l'IlTITON, AOREEMl!NT AND COVENANT, or upon the m .. 1uIanui oft\us PI!1TfON, AOREI!MI!NT AND COVENANT by jUdIcIal acbon, openIboo of law ... otberwue, the CITY JeSeIVOS the nsbt al,lS sole _em to lIIIIIIechateIy tonnmate the pmmon of uIIh1y ........ til the PROPERlY and 1ft IUd! caoe the OWNER qreeo to uuIemndjI aDd botcI the CITY banIIlea fiom lilY aDd all c1aUut of any party 2 PROPERTY D!lSCRIP1JON Tho PROPERlY lI ..... by doscnbed u follows The PROPERTY ,olepUydcscnbecl m_A. __ and uu:orporated by .. _ .. 1IseI tbrth In I\!ll The OWNER _ that AttacbmeIII A IS conect aol\!lly dcscnblng oub.Jecl PROPERlY 3 eg!!llUN AND COVJ!NANI FOR ANNEXATION The OWNER, mCCllllldcmIlOllofthe CITY'S __ toprondo Ul!lrty ........ to th. PROPERlY, docs hotoby peIllton, ..... and.........,t as tbllows 3 I Tho OWNER docs hereby ...... pnIDU80 and _ that 11 at .. y lime the PROPERTY IS UII:Iuded _ any .... \\!ncb 11 beUl8 _ for IIIllII:XBboD to the CITY, saJd OWNER docs JOIn m 1014 _011 3 2 The OWNER qreeo to _ all DOOeIIII)I documada 1Ud! .. \dim, nobccI, peIIIWIII or _ _ ISIII1I!atu>8, f\!rthonng or _hSIUOa tho _ of tho PROPERTY to the CITY, whether or DOl the 1IIIIICX'IIIclII mvol ... the IISIIIDpIIIIn by the .... to be IIDIIelI<Id of 0XISIm8 CITY mdebtedn .... the appbcatmo to tho .... to be IIDIIelI<Id of the CITY C~ .. Plan and land usc amttoIJ, aDd IIUch other _ .... as the CITY maylawl\!lly _ The OWNER, for IImIIbeIfIbaDIc and farhIaIboD'Ihar he!n, .• ..,....... aDd __ ..... and .......... Wl1II the CITY, aDd to the prereIII aDd 1iIIDre 0WII0tlI of the PROPERTY to \W!ch t\us <OVeD8DI1OIaIa. that IIUch ",_1110 _ ...... _ t1IIIIIIII8 WI1h the IaruI, that beIJbeItboy ohaII, __ .. requested, _ouch -.. __ peIlbolul ... other 1IISInmIeIIt. OWNER _ that the CITY w!II_ t\us clgrnmml and the OWNER ...... to opecdicaIly_ I\mJrc ~ 1ft tho property FORM 01 0008Ibh' DECLARATION 011 COVENANT AND ~TIONAG~T NEW DI!VELOPMEm" 20040729000541,003 33 Tho OWNERreoosmzcs that the laws of the State ofWalhulg\llo J:OIa1malOthe _11 ... of propertY ~. Cd)' proI'Idcs!bat prop<r1y may be _ to. Cd)' IIprop<r1y ....... _. pob_ rIO' _ .. _bon The OWNER. ,ocogmzaI md.,.... that ~ "_ dus ApccmenI, the PROPERTY of die OWNER W1111101mDa11<:a11y be mduded as 8 prop<r1y to be...-..l III die 0>01II PROPERTY 18 W1thm. propoaod........tum ..... 7Iut OWNBRfiudm' ; _""'" Ihot tho,. _ OIMr .. nIr«h tI' an_on QIII1JMl _III,"";' tl'dwS_ tI'''DIIwIst .... _/vdmg tho ,,..,,"" mdJrod 34 ThoOWNl!ll_ ...... that the OWNER'S OlgD8lureIoo tlulAgm:mcnl IS an adnullSlOD that die OWNER _ \be _ fI8bIs whtdt the OWNER .... toaanIm8 tbc PROPERTY ODd thaI the OWNER. II W1UmgIy WIIvms -1I8bII1II COIWdmIIon of ..... YIIIg die ck8cnbod ubIt1y ........ 3 S The 1lIIIIetBtaIIodOWNER ofthePltOPl!RTY, em _of~ IutIII<rItbeIr heu1, .......... ond_ horebyclaqpla1e(l) thecrrY .. OWNER'S 1tUe IlIlllIawIbI attomey-m-1lI<I rorthe _ of _1III)i pcb\lOI1lcadm& 10 the om .. ,."" of_ PROPI!IUY totbc CII'Y, WIth filii power to do and potfomlllll)i proper oct whtdt tbc OWNER may do With tapee:t to die .......... of _ ..... propotty The CITY JDII)' ........ dus power tbrouab 111 CIty CIaIt or""""""" as the CITY COUNCIL JDII)' c!ue<I TIDs SpcotaI P.-of AtIomcy JB 81-IiJr the Y81uable ..... dmubllll of \be flmusbmg of_ ....... by die CITY, and tIu, Spe<uoJ P_ of AItcmey IS tIu1her 81 ............. ty IiJrpedia_ ofdle ___ _ oblJsabon set tbtth herem nuB SpecIal P ..... of Attomoy J. not _ ond shall not be'-by the duabtlrty of the pntICIJl8I 4 AGRRRMRNT AND COYHNBNI OF CONDDl9NS ANI> Ml'llGA1lON MRA.CiJJlBFS The OWNER ackIIowIet!aes that the CII'Y has. desJre to have _lIIIIWIImn cIoveIopmaII8faIJdanIa melliJr newdeoelopmeula III the CII'Y',l'oIcuboI_ Atea The OWNI!R, In""""""_ of the crrrs aar-t to pnmde 8!IIIII8ly __ ubhty ....... to the PROPERTY and In IW9'JIIm of \be CITY'. condi.1lonI tbr .......... oftbc PROPERTY, doea _by _IIIIII_ to lllbaut the1r cIoveIopmaII plans to tho CII'Y r ... _1IIIII1IJIJIRiY8I_ to __ Ua1 to Kq ComIly I!x£cpt II may be _ by the CITY', Pubbc WClIb Admuu_ or Iualbor daIaI><e. the JD1nmmm deIIan""""'" tbIl WIll be RlCjI1lIOd ... 4 I F ... __ .. WIIh IaJ&Ib of_ over 'lOO' ( __ .... ) """ _ be two melDS of ve.lul:ular ..,.... 42 _ po_ SOCIIGDI tbr_ -. _ be 4" (f .... mcI1) III)lI>aJt --'" pa_ ova: 6" (SIX mdI) 0I1IIh0d roc:k IIIIfioma 4 3 Tho OWNER shall pnmdo......t dro_ ofaU oftbcCOllSlnlClCdPubba Work', fiIotbbes IiJrthe CITY',1<COIds FORM 03 000S/bI;I DECLARATION 011 COVJ:NANT AND ANNEXATION AGRJ:EMJ:l'IT NIlW DEV1!LOPMI!NT S G!!NF.RAL PROYlBIONS 20040729000541,004 The OWNER aad tho CfJY do bfn:by -lodae aad .... to tho folIowuIIJ"O"IIIOIII, wIudI apply to tho eat"".Aareemeut ........ S I The OWNER ..... 1hIIt all fbturo land 1Il1O IUd tIeveIapmoDIOIL tho PROl'IlllTY will meet all laud "'" and dewlopDt:IIIdudmda of the ClIY In tho __ of a ccmIhcI ~ ClIY -.IanIJ mid any appI""bIo County -.IanIJ, the ...... _.e oIaIIdaIds .. dotormmed by theClIY Iha1l apply S 2 No IIIIl<bfiI;ahon ofllns Apoomeat oba1l be made uoIesa mutua1Jy agrood IIjIOD by die porI1CS In wnImg S 3 NoIIung m tInJ qreeDIIIIIlha1l be C<IIIIIruod to """'" any Iiuano:IaI obhgaIImJ on tho part of the CllY ",Ib repRI \0 ....... lIon, __ 0Cl oful!lJboo IUd opporIOIl8IICCIot any otbor matter The OWNER and tho CITYbfn:by adaJowIcdpd that illS the OWNBR', _bohlyto _ tho dcalpaad_of utJhty __ to ....... OWNER'. prvporty _ W1Ih the CllY pImuo aad ~tlOClI, unIca otIIer\1nso agrood by the CITY 54 The _lIIIIIpnm ...... oftblS P1!1I1I01<,AGRI!I!MI!NT ANDCOVENANTsba1llDSllfetotbe bondil and be<ome bmdms IIjIOD the ........ _lIIIdIor """"""'" ID _ of the porI1CS _ The OWNER opel to mdcmmlY .. d IIoIcI die CfJY bamUesI ftom any _ .. y ~ pun:haser may have ... resull ofttus Apomart. mcludmg CITY'S attomoy f ... and eosls S S Any DObee or dCImand roquuocI or ponIIIIIed to be (IIVOD under tin. AgreemaIt IIIall be suftiClelllIf 81 .... In wntms and _ by""'-or certdled mall, ntum....,pt requested, to!he'-oCthe parIl .. set forth below Any nobcelllall be deemed to have '-'81 .... an the date.1 II deposited ID the U S Pootal_ IDBlI WlIb postQo JlIOII11d 5 6 Ilfor lIllY """'" of lIllY cIc8IuIl ot bIoach ... the part of edb« tho OWNER or tbe CfJY m tho perl'1II1DI1DCO of any oldie pnmBIOIl ofllns Agteomont .leplacI1anll msIlIuted, tho party not ~._ to pay ell ~ _ and 8\IA:InIOy fees 811d ..... 1D _ tbcrewJtb II .. beleby agrood that \be .... ue of OIly 1epI..-bnluabt _ die _ orb ~ ohaII be Km& Coanty, WasbmaIoo nu. ~ohaIIbe--'bytbeOWbaobIoIawa,NIa,aod""""OIlIoftho_oCWaInng\oallllllthe CITY 5 7 In the _ that lIllY tam, _ candttlcm, a-.. other pm1JoI1 ofb Ajpeemeot be hold 10 be ....... iIII ... umhd. -. ... mccmlhclWl\bow __ "",,,JI1,"\a-orotba'portwoofb Apcemeut. aod the ._ ofb~ oba1l be .a •• I .. o .. If IIICb tam,'pl'Ovt_ condrtlon or other pm1JoI1l1od not _ """""""" herem, aad to b ax\, tho tc:rms ordwo AjpoemaIl..., da:IaRd by the p;aIlcs to be.......,.. 5 8 1JpoIl-. tho CfJY will noord these """"""'" W1Ih the Km& Cowdy Recorder'. 0IIi00 " ' ---------------------------------- 20040729000541,005 flaklff., WO~Glf. INDIVIDUAL FORM aT ACJ{NOJIILEDGMENT STATBOFWA8IDNOTON )SS COUNTY OF KINO . ) J <erIdY that J know or bow MIo,f, by .vul.""" that /( 1)(,1}tJ'B. Vf!j44R ~~~~~~~~~c_~~~~du~ad ~ II to be hlllberltllar &eo ad _tilly aot tbr tIie 1IIS and p1IIpDOOI __ m the!"l~~_ ..... DECLARATION or COVENANT AND PropertJ Tax Pueel Numben ANNEXATION AGREEMENT Pn>jectFw., ___ arl'n>jectNiaoo IN WITNESS WHIlREOP, ~ have hemmto set my hand IIJId seal !be day IIJId year 81_ below CORPORATIl FORM 0' ACKNOWLEDGMENt' Newy Scal11lWIt be MtIun .... BTATBOFWASHINOTON )SS COUNTY OF KING ) On tIus __ dayof , 2O~ betbrc me pnoaaIIy IIJ>PCOIOCI to me kDowD to be of the __ 1hat -.IOdtbo WIIImI ~ """ ~tbo tIId __ to be tho floe and YOhmIIIy aot and deed of aouI corpantIcII. tbr tbo ..... 1114 _ ........ IIIII\IIaDed, """ caclI III 0Idh otalod that beIobe _ auIbanzed to _ tIId IIIIIInJmcIII """ that tbo ooaIlIfIbod ,. the GIIpOI'8Ie lOll! of aouI CCIIJIOIIIbaIl NOIlUy Pubhc m and lOr 1IIe Slate ofWashmgtxm Notary (Prmt) My appomImonI CIXJIImI Datal FIled for record at request of. After recordmg, return to HomeStreet Bank Attn Resldenttal Constructton 2000 Two UmoD Square 60 I UOIOD Street Seattle. WA 98101·2326 Loan Number RC80285·B DEED 011 TRUST, SECURITY AGREEMENT, Ji'IXTURE mING, AND ASSIGNMENT 011 RENTS 20031219002603.001 Granfur(s): _KB=S~D~e~ ... ~el~op~m~en~t~C~orpo~ra~lt~on~ ____ -::C::..rL-_";)-=-'1..:....::0:.."5.!::::,~,,-_ @) o Addlltonal on page __ Grantee(s): Trustee ChIcago Tttle IDsurance CompanY Benefictar}' HOMESTREET BANK o Addlttonal on page __ Legal Description (abbreVIated) Lot 5. Block I. Volume 17 of Plats, Page 60 I!J Complete legal on ExHIBIT A Assessor'. Tax Pareelldendfteatlon No(s): 23664~~S()"()~I~0()..()9~:!.... __________ _ Reference Nos. of Do.umentt Released or A ed: Not A hcable TillS Deed of Trust IS a Secunty Agreement and Flnancmg Statement under ArtIcle 9 of the Uniform CommerCIal Code, With GrantorfIrustor as Debtor and Grantee/BenefICiary as Secured Party TInS TRUST DEED. SECURITY AGREEMENT. FIXTURE FlLING. AND ASSIGNMENT OF RENTS (the "Deed of TrtUt") dated December 12. 2003.19 made by and among KBS Development Corporabon. a Wasbmgton Corporatton (collecb .... ly.lfmore than one IndtVldual or cnltty. the "G",nlb,"). wbose address 19 P O. Box 807. Bellevue. Washmgton 98009. Clu"!'!o Title Insurance Company. a Mls.oun Corporatton (the "TrtUtee·,). whose address IS 10500 NE 8 , #1700. Bellevue, Wasbmgton 98004. and HOMESTREET BANK. a Washmgton state chartered savings bank. (the ''BetlejlciRry,,). whose address.s 2000 Two UDlon Square. 601 Unron Street, Seattle, Washmgton 98101·2326 Grantor IS also referred to herem as "BomJWfl1'" and BenefiCiary as "/Ander" Deed of'l'nul ~UJJ68 100/1-6 jJ1w01'doc J2IJlIZOO3 pagel RevISed February 2000 20031219002603.002 ARTICLEl GRANT IN TRUST AND SECURED OBLIGATIONS 1.1 Grut In Trust For good and valuable consIderation. the receIPt and sufficIency of whIch IS hereby acknowledged. and for the PUlpOSC of secunng payment and performance of the Secured Obhgatlons defined and descnbed m SectIon I 2 for the benefit of Lender. Borrower hereby rrrevocably and unconditionally grants. transfers. bargains. conveys and assIgns to TNStee, m trust, WIth power of sale and nght of entry and posaesSIOII. and grants a secunty mterest III, all estste. nght, title and mterest that Borrower now haS or may later acqture m and to the folloWIng property (all or any part of such property. or any mterest m all or any part of II. as the context may rcqwre. the "Collatl!l'al"). winch Collateral IS not \\Sed pnnclPally or pnmanly for agncul!unll or fannmg PUlpOses 1.1.1 Lud. Appartenuce .. EasemeDts. That certsm real property and allmterests therem located m Kmg County;Waslnngton. more parttcularly descnbed m ExHIBIT A attached hereto and mcorporated heretn by t1us reference. together WIth all cxlsbng and future casements. access nght .. appurtenances, pnVlleges. hcen .... heredltamcnta, franchIse. and tenements. mcludlng allllllnera\a, 011. ga •• and other commercIally valuable substances that may be m. under or produced from any part of It (collectively. the "LDnd,,). 1.1.2 Improvements. All bwlchngs. structures. and Improvements now located or later to be constructed on the Land (the "/mprOllement3,,). 1.1.3 Related Real Property ud ImprovemeDts. All real property and Improvements on It. and all appurtenances and other property and mterests of any lond or character. whether descrIbed m EXHIBIT A or not. that may be reasonably necessary or deSirable to promote the present and any ressonable future benefietal use and enjoyment of the Land and Improvements. 1.1.4 Leases and Licenses. All .'''Stmg and future leasca. subleasca. subtenanele •• heense .. occupancy agreements. and concCBSlons ("Utuel ") relatmg to the use and enjoyment of all or any part of the Project (defined below). and any and all deposItS. guaranties and other agreements relatmg to or made In connection WIth any of the Leases. 1.1.5 Good .. Materials, FIxture .. Etc. All goods, matenals, supphes, chattels. IUnnture. apphances, furntslnngs. fixtures, equtpmcnt, mvcolory, general mtangtbles, and machmery now or later to be attached to. placed m or on, or used m conncctlon WIth the use, enJoyment, occupancY or operatton of all or any part of the ProJcct, whether stored on the Land or elsewhere, all ofwhlcb shall be consIdered to the fullest extent or the law to be real property for PUlpOses oftlus Deed of Trust. 1.1.6 CODltructlon Materlall ud Eqalpment. All buddtng matcnais, eqwpment, work m process or other personal property of any ktnd. whether stored on the Land or elsewhere. that have been or later WIll be acqtured for the PUlpOSC ofberng dehvered to, mcorporated mto. or mstalled m or about the Land or Improvements. 1.1.7 Borrower Funds. All of Borrower's mterest m and to the proceeds of the Secured Obhgatlons (defined below), whether dIsbursed or not, all present and future monetary depoSIts gtven by Borrower to any pubbc or pnvate Uhbty WIth respect to utlbty servtces furnIshed to the Land or Improvements, and all accounts mamtamed by Borrower WIth Lender or any substdlary or affibate of Lender. Includmg, WIthout ImutatlOll, any accounts estabhshed In connectIon WIth the Secured Obbgatlons. DeedofTrusI page 2 #14/3681001/-6 JllwIJl'd"" 1111/11003 20031219002603.003 U.S Rent, Issnes, and Profits All mCOlne, rents, secunty or sImilar deposIts, revenues, ISSueS, royalltes, profits, leases, eanllngs, produclB and proceeds of the Land or Improvements, mcludtng, WIthout hnutatton, all nghts to the payment of money, accounts, accounts receIvable, reserves, deferred payments, Iefunds, cost saYl1l8S. tnsurance or condemoatton proceeds, payments and depostts, and any proceeds from the sale of any lots compnsmg the Land and any Urnls, and any depoSIts on accounl theIeof (collecttvely, the "Re1Ib, IUlla tuJd hojlu"), 1.1.9 Contracts aad Plans. All consbuctton contracts and subcontraets, consulttng agreements, financmg comnllltitents and agreements,Jomt development agreements, acrvtce and mamtenance agreements, marlcetmg and hsttng agreements, lot reaervauon agreements, purchase and sale agreements, and other eXlslmg and future contraets relallng to the Project, together WIth all depOSIts, escrows, payments, or other proceeds thereunder, and all plans and speCIfications for the construction of the Improvements (Ihe "Pfslfl,,), 1.1.10 Miscellaaeoua PerlOnai Property. Any and all personal property of any kmd whalsoever, whether langtble or mtangtble. that 18 used or WIll be used m constructton of, or IS or WIll be placed upon or IS denved from or used m any connecllon Wllh the uac, occupancy or enjoyment of, the Land or Improvements, 1.1.11 Books aud Records All books and records pertammg to any and all oflhe property descnbed above, mcludtng records slored on computer readable media, and a hnuted subhcenae to usc the compuler hardW8Ie or software necessary to access such records ("Books tIIId RtlCDrds,,), 1.1.13 RlghlS Under CondominlnM Laws All of Borrower's nghl, tttle and mteresl In and to any and all UOlts, declarant nghts, and any other nghts relattng to the Land or the Improvements, whether now CXlsltng or subsequently ansmg, under any and all laws now eluslmg or laler enacted relattng to condonuruums, 1.1.14 Additional Properly, Any addlltonal personal property olherwlse act forth herem or hsted on any UCC-I fmancIDg statemenl filed to perfect Lender's accunty mtcrosl hereunder, and 1.1.1S Proceeds All proceeds of, addlttona and accrettons 10, substttutlons and replacements for, and changes m any ofthc property desenbed above The Land, Improvements, related real property, and all personal property now or hereafter mstalled on or used m connectton WIth the Land andlor Improvements are collectively referred 10 herem 8S the "ProJect." The Project conStitutes the bulk of, but not Ihe COllIely of, the Collateral 1.2 Secnr.d ObHgationa. Borrower make. the grant, conveyance, transf.r and assIgnment set forth m Sectton 1 I and grants the secunty mterest set forth m Secllon 2 1 for the purpose of secunng the follOWIng obltgattons (the "Secured ObUgadolU") m any order ofpnonty thaI Lender may choose 1.:l.1 Promtssory Note. Payment of all obhgallons al any lime owmg under thaI certam Adjustable Rate Pronussory Note payable by Borrower, as maIccr, to the order of Lender, . executed concurrently herewtth (the Not.), CYldencmg a loan from Lender to Borrower In the D18Xllmtm outslBndlng pnnclpal amounl of One Mtlhon Seven HundIed Th,rty-SIX Thousand Two Hundred and NO/IOO's Dollars, ($1,736,200 00) (the "Utili''), logether WIth mlCIeslthereon al a vanable rate and any modlficauons, extenSIonS or renewals thereof, whether or not any such modlficabon, extension or renewal IS CYldenced by a new or addlttonal prO\lUsSOI}' note or notes Deed of1lwJ1 page 3 #141368 10011-6 311wOI'doc IVI/I100J 20031219002603.004 The Note wll1 ma!w'e on eighteen months from fundmg date, unless accelerated or extended pursuant 10 the terms of the Note l.2.2 Loan DoclUDents. Payment andlor perfonnanc:e of each and every other obbgabon of Borrower under the Note,thlS Deed of Trust, any construcbon or land loan agreement executed In CODjunclton thereWIth (the "LmuJ AgrBement"!, all other documents CVldcncmg, securmg, or otherwtse govetnmg the Loan (specdically excludmg, however, for purposes of establlshmg the Secured Obbgabons, any obbgabons of borrower ansmg solely \lllder any guaranty of the Secured Obbgabons or any mdenullty agreement that by Its terms IS not secured hereby), and any and all amendments, modlficabons, and supplements thereto (the "LOQII Documents"!, the prOVISIonS of wluch are mcorporsted herem by !Ius reference, 1.2.3 Related Loan Documents. Payment andlor performance of each covenant and obbgabon to be performed pursuant 10 any and all loan documents (the "ReI4Ied lAtm Documents,,! that have been or may be executed by Botrower or related en1l1les owned or controlled by, or \llleler common ownerslup or control by BOrrower, collecnvely, the "4fIIIUlIes" secunng one or more present or future loans by Lender.Orlts affiliates 10 Borrower or Its Affiliates (collecbvely, the "Rd4IeI/ LoaM"!, whether now exIsting or made In the future, together WIth any and all rnochficabons, ex_oDS and renewals thereof, proVIded, however, that nothmg contamed herem shall be construed as Imposmg an obbgatlon upon Lender, or as CVldencmg Lender's mtenbon, 10 make any Related Loan 10 Borrower, or any Affihate 1.2.4 Futnre ObUgatioR Payment to Lender of all fu!w'e advances, mdebtcdness and further sums andlor performance of such further obligatIOns as Borrower or the then record owner of the Project or the then owner of the balance of the Collateral may undcrtakcto pay andlor perform (whether as pnnclpal, surety, or guarantor) for the benefit of Lender, Its successors or asSlgnS, when such borrowmg andlor obltgallons arc eVIdenced by a wntten Instrument re(allng that It or they are secured by thIS Deed of Trust, and 1.2.5 Modifleations and Amendments. Payment and perfonnance of all modrlicatlons, amendments, extenSIOns, and renewals, however eVIdenced, of any of the Secured Obllgallons All persons who may have or acqwrc an Interest In all or any part of the Collstenll WIll be cORSldercd to have notice of, and WIll be bound by, the terma of the Secured Obllgabons and each other agreement or mstrument made or entered mto In connccllon WIth each of the Secured Obligations ARTICLE 2 SECURITY AGREEMENT 2.1 Grant of Security Interest. Th,s Deed ofTruSI creates a lien on the Collateral, and constitutes an absolute aSSIgnment of the Rents, Issues and Profits and of the Leases, all m favor of Lender To the extent that any part of the Collatenll or Rents, Issues and Profits and Leases may be, or are detcnruned to be, personsl property, Borrower, as debtor, hereby grants to Lender, as secured party, a sccunty mterest m such part of the Collateral and Rents, Issues and Profits and Leases as IS de1ermmed to Deed o/'l'rvst page 4 11141368 10011-.6 312v101 1 d« J2IllhOOJ 20031219002603.005 be personal property, to secure payment and perfonnanc:e of the Secured Obligations As to such personal property, tJus Deed of Trust constItutes a secunty agreement under the Umfonn Conunerclal Code of the slale m whIch the PrOject IS located (the "Project StlJle") 2.2 Perfection of Security !Dlered. Borrower hereby authonzes Lender to file one or more finanCIng statements, continuation statements, fmancmg statement amendments, and such other documents as Lender may from lune to time reqwre 10 perfect and continue the perfecbon of Lender's secunty 1111=1111 any part of the Collatcral or the Rents, Jssues and Profits and Leases Borrower shall pay all fees and costs that Lender may IIICur In fihng such docwnents In public offices and III obtsmmg such record searches as Lender may reasonably requlfC If any financmg statement or other document IS filed m the records normally pertammg to personal property, that filing shall nol be CODSIrUCd as m any way derogatmg from or II1lpalrlDg the declaration and the ststed mtentlon of the partlCS hereto that the Collateral and all components thereof are, 10 the maximum extent possIble, resl property or OtherwIse Impair the nghts or obltgabons of the parties under thIS Deed of Trusl 2.3 FIxture FWDg ThIs Deed ofTrusl constitutes a fmancmg statement filed as a fixture fihng under the Uruform CommercIal Code m effect m the Project State, as amended or recodIfied from lune 10 lime, covenng any part of the Collateral that DOW IS or later may become fixtures abached to the Land or Improvements 2A Nature of Collateral. Borrower and Lender agree lhat the filmg of a financmg statement ID the records havmg to do WIth personal property shall never be construed as ID any way derogating from or Impalnng the dcclaratlon and the stated mtentlon of the parties hereto that the Collateral and all components thereof are, to the maxImum extent poSSIble, resl property, subJcct to Lender's nght on default to exercIse, ID any marmer pcnrutted by appltcable law, those remedtes (a) 8V8llablc to Lender under tJus Deed ofTrusl, (b) available to Lender as a secured party under the proVISIonS of the UCC, or (c) otht:JWIse prOVIded for by law or aV8llable m eqUIty Whenever Lender's secunty shall be deemed to IIIclude personal property, Lender shall be entitled to foreclose agamst such property ID connection WIth and as a part of any JudICIal or nonjudICIal proceedmg agalllSt the real property secured hereby, the parties hereby acknowledgmg that such foreclosure constlbltes a commercl8lly reasonable method of selling such property, or, m Lender's sole dlSCfCbon and as permItted by appbcable law, 10 pursue any and all other remedIes afforded a secured party under the UCC or other appbcable law In case of a default hereunder, Borrower agrees to assemble all such property and make It avaIlable to the Trustee or Lender as secured party al a place to be dCSlgnated by such party that IS reasonably convenIent to all parties 3.1 Asslgnment of ReDO. ARTICLE 3 ASSIGNMENTS 3.1.1 AlslgnmeDt Borrower hereby Ifrcvocably, presently, absolutely and uncondtbonally aaslgoa and transfers 10 Lender (a) the Rents, Issues and Profits. whether now due, past due, or 10 become due, together WIth the ngbl, power and authonty to collect the same. (b) all Leases by or through Borrower as lessor, wntIeD or oral, now m exIstence or hereafter Bn6lng. and any and all extensIons or renewals thereof, together WIth the nght, power and authonty of Borrower 10 alter, modify or change the terms thereofor sunender, cancel or lennmale the same, and (c) any and all guarantees of Deed ofTrusI .UIJ68 10011·6 JI1wOJld(1C /1/1111001 pageS ------ 20031219002603.006 any obbgallons of any lessee WIder each of the Leases (a ''La3u'') The aaslgnnicntsln tins SecIIon are absolute aaslgnmcnts and 1ITCVooable from Borrower to Lender and not merely the paSSing of secunty Interests or assIgnments for secunty only 3.U Grant of LlceDse. Lender hereby confers upon Borrower a bcense ("LkeII.re") to collect and retain the Renl., Issues and Profits a8 they become due and payoble, and to admlnls\CI" the Leases, so long a8 no Event of Default, as defined In Secbon 6 I, shall Cl<lst and be conbnulng If an Event of Default has occurred and IS conbnulng, such LIcense shall tenmnate WIthout nollee to or demand upon Borrower, WIthout regard to the adequacy of Lender' 8 securIty under thIS Deed of Trust 3,1.3 CollectioD and AppUealioD of ReDIS, Issnes aad Profltl. Subject to the L,cense granted to Borrower WIder SectIon 3 1 2, Lender baa the nght, power, and authonty to collect any and all Rents, Issues and Profits and adrmn!ster the Lesses Borrower hereby appomts Lender Its attorney-m-fact, coupled WIth an mterest. to, at such bmes as Lender may choose ID Its sole d,screlIon (a) demand, receIVe and enforce payment of any and all Rents,lssues and Profits, (b) gIve rCCC1pts, releases and sall.facbons for any and all Rents, Issues and Profits, or (c) sue eIther ID the name of Borrower andlor In the name of Lender for any and all Rent., Issues and Profits Lender's nght to the Rents, Issues and Profits does not depend on whether or not Lender takes possessIon of the ProJcct as perrmtted hereunder 3.1.4 Lender Not Responsible. Under no ClTCUmstances shall Lender have any duty to produce Rents, Issues and Profits from the Project Regan\less of whether or not Lender, m person or by agent, take. actual pOSSCSston of the Project, Lender I. nol and shall not be deemed to be (a) a ''mortgagee In posseSSIOO" for any purpose, (b) responsIble for perforrmng any of the obhgabons ofthe lessor under any Lease, (c) responsIble for any waate ccmnutted by Lessees or any other partIes, any dangerous or defecbve conmllon of the Project, or any neghgence m the management, upkeep, repalT or conbol of the ProJcct, or (d) hable In any manner for the Project or the use, occupancy, enjoyment or operallon of all or any part of It, except for such matlCrs aa may anse from the WIllful mIsconduct and bad faIth of Lender 3.1.5 Leasing. Borrower shall not lease the Project or any part of It lIDless pcnrutted under the Loan Agreement, and then only stnctly In accordance WIth the Loan Agreement If any leaamg IS pcnmtted, Borrower shall not accept any depostt or prepayment under any Lease for any rental penod exceedmg one month WIthout Lender's pnor wntten ccnsent 3.2 ASSignment of Permits, Contracts, and Plans. In addlbon to and WIthout m any way derogating from the secunty mterest granted Lender In the Collateral, Borrower hereby assIgnS, grants, transfers, and sets over unto Lender, Borrower', fight, btle, and mtcrest m, to, and under any and all permIts, approvals, ccDUnnments, desIgns, plans, specifications, ccnstrucllon, arclutectural and engmeermg contracts, subcontracts, appraIsals, hSbng agreements, and any and all other contracts for work product rclabng to development or constructloo on the Property or any part thereof, together With all amendments, modlficallons, supplements, reVISIons, and addenda thereto heretofore or hereafter prepared or executed (collecllvely, the "Perml#, eo""."CIJ, ,,,,4 PImIs") 3.2.1 Security for Loan. 11IIs assIgnment III made as addItional secunty for the payment and performance of all of the Secured Obhgabons 3.2.2 LIabUitles. Lender does not aasurne any obligations or dubes of Borrower Imder the Penruts, Contracts, and Plans lIDless and Imbl Borrower shaD have been gIven wntten nobce that Lender IS CJ<eTCllIlDg Its nght to complete or cause the cornplellon of construction on the Property m Deed o/Trust .14/J68 /0011·6 J/lwO/'d4c Wl//l00J pago6 20031219002603.007 accordance WIth the terms of the Loan Document. If Lender docs not dlfCCtly undertake to complete development or construclJon of the Property, Lender may assign such Permits, Contracts, and Plans to, and such obhgalJons and dubes of Borrower In connection WIth the Pernl1ts, Contracts, and Plans shall be assumed by, the person or enbly designated by the Lender for the purpose of completmg such development or construclJon, and Lender shall have no hablhty whatsoever for the pcrfonnance of any such obhgalJons and dulles 3.2.3 RepresentatioDs and Warranties of Borrower. Borrower represents and warrants to Lender that 3.2.3.1 No Prior Assignments. There have been no pnor aSSignments of Its fights, litle, and mtcrest In, to, and under the Pcrnuts, Contracts, and Plans, 3.2.3.2 Authority. Borrower has full power and authonty to asSign Its nghts, btle, and mtcrcsl Itt, to, and under the PenrulB, Contracts, and Plans to Lender and DO consents or approvals of any other person or enblles are necessary m order for Borrower to vabdly e"ecute, dehver, and perform thiS BSSlgnment, 3.2.3.3 No Defaulls or Modifications. All covenants, condlllons, and agreements set forth In the Pcrnuts, Contracts, and Plans have been performed as required as of the date hereof and neJt1ter Borrower nor any other party IS ID default thereunder Borrower shan not amend or modIfy any of the terms and condillons of the Penmts, Contracts, and Plans WIthout the pnor wntten approval of Lender, nor shall Borrower asSign, transfer, mortgage, or othcrwtse convey or encumber any of Its nghts, litle, or mterest m, to, or under the PermIts, Contracts, and Plans so long as any of Borrower's obltgahons under the Loan Documents remam unfulfilled 3.2.4 Attorney-In-Faet. Borrower bereby trrevocably consblutes and appomts Lender as lIB attomey-m-fact, upon the occurrence of any defaults hereunder or under any of the other Loan Documents, to demand, receive, and enforce any and all of Borrower's nghlB under and WIth respect to the Pcrnuts, Contracts, and Plans, and to perform any and all acts WIth respect to the Permits, Contracts, and Plans that Lender deems necessary or deSirable WIth the same force and effect as If performed by Borrower ID the absence of tins assignment 3.2.5 Assignment for Security. This asS1gDlDentls for secunty purposes only Lender shall have no nght PUlllUBDt to tillS assIgnment to enforce BOrrower's ngh18 WIth respect to the Penmts, Contracts, and Plans unlll Borrower shall be ID default under any of 118 obhgalJons to Lender pursuant to tins Deed of Trust or any of the other Losn Documents On the occurrence of any such default, Lender, WIthout effecbng any of Its nghts or remedies agatl18t Borrower under any other mstrument, document, or assignment, may Clterclse Its nghts under tins assignment or m any other manner penrutted by apphcsblc law, and In addlbon, Lender shall haY!: and possess, Without hmltallon, any and all nghlS and remed,es of a secured party under the UCC or as otherwtsc proVIded by law 3.2.6 ludemulty. Borrower shall mdemDlfy and hold Lender hannless from and agamst any and all clatms, demands, habtlllJes, losses, laWSUits, Judgments, damages, costs and Cl<pen8CS, mcludlng, Without lumtabon, attorneys' fccs and costs, to which Lender may be Cl<poSed or which Lender may Incur In ""ercI.'ng any of Its nghts under thiS assignment DeedofTnut poge7 11141361 10011-6 J/2wOJ 1doc ll1J1Il00J ARTICLE 4 ENVIRONMENTAL AND ACCESS LAWS 4.1. DeOnitiollJ. The followmg terms shall have the mcamngs specified below 20031219002603.008 4.1.1 "Access Laws" meaDS the Fair Housmg Act of 1968 as amended, the Amencans With Dlsabll,bes Act of 1990 a. amended, all government and pnvate covenantll, condJhons, and restrlcllons relabng to the Land, bwldmg code requirements and laws aiTechng the constructIon of Improvements on the Land, BDd all other federal, state and 10ca1laws, ordmances, regulabODS and rules relabng to the construcllon, operation, and mamtenance of the IDtprovementll on the Land and the markebng and use of such Improvements m a non-dlscnmmatory manner 4.1.1 "Affeeted Property" means any real property adjacent to or near the Project, the use of winch could reasonably cause conbmUnatlon of the ProJect, or which could become contammated WIth Hazardous Substances a8 a result of construction, operallons or other actIVIties mvolVlng Hazardous Substances on, under, or over the Land 4.1.3 "Environmental Laws" means all federal, state and local laws, statutes, codes, ordmances, regulations, Judgments, orders, IDJuncbons, decrees, covenants, restncbons and standards presently m effect or that may be promulgated m the future relabng to the use, release, handlmg, storage, transpol1abon, clean-up, or other dIsposal of Hazardous Substances, or relahng to the water quahty, air qualIty, soil. quahty, and other enVIronmental qualtty of real property and 1D1pfOvements constructed upon resl property, as such laws and ordmances may be amended from \Ime to tIme 4.1.4 "Environmental Reports" means the sclls, geolOgiC, and engmeenng reports prepared to assess any enVIronmental riSks assocIated WIth the Project or OtherwIse requtred by Lender 4.1.5 "Hazardous Snbstances" means any waste, pollutantll, contamuiants, petroleum or petroleum product, asbestos, tremohte, anthophyhte or achnoltte, polychlormated bIphenyls, or other chenucal, substance, or matcnal that (I) after release mto the enVIronment and upon exposure, mgesbon, 1Ohalabon, or 8SSlmdabon, etther dtrectly from the enVIronment or IDdlrectly by 1Ogesbon through food chalDs, WIll or may ressonably be anbclpated to cause death, dIsease, behaVIor abnormabhes, cancer anellor genebe abnormahtles, or (1\) 18 now or at any time 10 the fullR becomes regulated under, or IS dermed, classified or deSIgnated as ha:asrdous, toXIC, radIoactive or dangerous, or other sllndar term or category under any EnVIronmental Laws 4.2 Representations and Warranties. Borrower makes the followtng representatIons and warrantIes to Lender 4.2.1 Environmental Laws. Except for any contammatlon or enVIronmental condll1on that may be dISClosed 10 any enVIronmental reports obtamed by Lender pnor to the date hereof or that has otherwtse been d,sclosed In WrlhDg by Borrower to Lender, Borrower has no knowledge of (I) the presence of any Hazardous Substances on the Project, mcludmg all pen;onal property loCated on the Land, the sot! and the groundwater on or under the Land, lDcludlng any streams cfOSS1Og or abutbng the Land, and the aqUifer underlymg the Land, (11) any apdls, releases, diSCharges or dlaposal of Hazardcus Substances that have occwred or are presently occumng on or mto the Project or the Affected Property, BDd (111) BDy failure of the Project to comply fully WIth all appltcable Envmmmental LaWs. To the best of Borrower's knowledge, Borrower'. mtended uses of the ProJect. mcludmg but not lllmted to the Improvements and matenals to be constructed and Installed on and In the Project and the work method for accarnpltshmg such construction, comply fully WIth all Envtronmental Laws Deed o/Trusl page 8 '141368 1001/.6 J/lwOl'd"" 11I111200J 20031219002603.009 4.2.2 Ac ..... LaWs. Except for any non~mpll811ce that has been chsclosed m wntlng by Borrower to Lender, Borrower has no knowledge of any failure of the ProJ~ or the plans and specifications for unprovements on the Project to comply fully WIth all apphcab!e Access Laws To the best of Borrower's knowledge, Borrower's mtcnded uses ofthc Project, locludmg but not bmlted 10 the Improvements and matena!s 10 be constructed and mstalled on and m the Project, the work method for accomphshmg such conslrucbon, and the plan for marketmg the Improvements constructed on the Land comply fully wIth all Access Laws 4.3. No Waivers or Other Indemnifications Relating to Environmentai CondItion. Except as set forth herem or In any separate mdemmty agreement executed by Borrower In connecbon wIth the Loan (I) Borrower has not and will not release or walVC the liabilIty of any past or current owner, lessee, or operator of the Project, any party who performs work on the Project, or any party who may be respOI1Slble for the presence of or removal ofHB28l"dous Substances on or from the Project or the Affected Property, and (II) Borrower has made no pnor pronuses of mdemmficanon to any party relahng to the eXIstence or non-exIStence of HB28l"dous Substances on the Project 4.4. Obligation to Comply wlth Environmental and Access Laws. Borrower shall cOIlSlruct, keep, and malnblln the CollaterallD comphance WIth any and all laws relahng to pubhc safety and the condItion of the enwonment, Includmg but not bmlled to the EnVIronmental Laws and the Access Laws Borrower covenants that, so long as Borrower owns any mterest m the Project, Borrower and Borrower's agents, contractors, authonzed representatlvcs, and employees shall not engage In any of the folloWlDg probtbtted actlVlhes, and Borrower shall use dUl8ent efforts to assure that Borrower's IDVltees and tenants, and sucb tenant's employees, agents, and mVltces shall not (I) cause or pcmut any release or dIscharge of Hazardous Malenal on the Project other than m full comphance WIth all EllVlronmcntal Laws, (II) cause or penmt any manufacltinng, storage, bolding, handlmg, usage, placement, transportmS, splilmg, lcakmg, dlschargmg, or dumpmg of Hazardous Matena! m or on any porhon ofthc Project other than m full complIance WIth all EnVIronmental Laws, (UI) suffer or permIt any other act upon or conccrnmg the Project that would result In a VIolation of any EnVIronmental Law or require any alterabons or Improvements to be made on the PrOject under any of the Enwonmental Laws, or (tv) suffer or pernnt any other act upon or concermng the ProJ~ that would result III 8 Vlolalton of any Access Law or reqwre any alterations or Improvements to be made on the Project under any of the Access Laws 4.5. Obligation to Cure Non-Compliance. 4.5.1 If Borrower at any hmC becomes aware of (I) any Hazardous Substances on or other enVIronmental problem or hablllty WIth respect to the Project or any Affected Property, (II) any failure oCthe Project or the Improvements to comply WIth any of the EriVlTODlllCI1ta1 Laws, (III) any failure of the Pro.Ject or the Improvements or the markebng efforts and other operabons undertaIcen WIth respect thereto to comply WIth any of the Access Laws, or (IV) any ben, action or notice resulting from VIolation of any EnVIronmental Laws or Access Laws, Borrower shallllnmedtatcly nohlY Lender, and shall thereafter cxen:tse due dlbgence to ascerblln the scope and nature of such condItion and proVIde all notlccs that state or federal law may reqUIre 4.5.1 U; upon gtYlng such notice or for any other reason, one or more governmental agencIes bavmg appropnate Junsdlc\Jon reqwres removal or treatment of Hazardous Substances from or on the Project or the makmg of altcraltons to the ProJcct to confonn to Access Laws, Or such removal. treatment, or alteration IS reqwred by EnvIronmental Laws or Access Laws, Borrower will (I) take all actIons that are necessary or deSIrable to clean up any Hazardous Substances affcctmg the Project, Deed ofTrusI page 9 #14/J~ /00/1-6 Jl1wO/lt/Q< /2111120111 20031219002603.010 Includmg removal, trea1menl, contamment or any other remedial action reqwrcd to restore the Project to a safe condtbon m comphance with apphcable laws and regulatiOns, mcluchng EnVIronmental Laws, (II) take all acbons that are necessary or destrable to mochfy the Project and all hnprovements and markebng rnstenals so as to achIeve comphanee WIth apphcable laws and regulabons, mcludmg Access Laws, and/or (III) attempt, through appropnate legal or achnmlstrabve proceedings, to obtam a stay of enforcement proceedmgs If Borrower beh"""s m good faith that Borrower IS not reqII1red by law to cure such Hazardous Substances conchbon or to make al_ons to comply With Acceas Laws 4.5.3 Except for removal or treatment of any Hazardous Substances depostted on the Project by Lender, Borrower agrees that the amehoratlon, treattnent, contammenl, or removal of all Hazardous Substances that may be chscovered on the Project shall be at Borrower's sole expense, reservmg unto Borrower any cl8lms for contnbulton or mdernnlty that Borrower may have agamst other parlles who may be held hable therefor 4,6. IndemniDeation of Lender. Borrower shallmdernnllY and hold Lender harmless from and agamst any and all clanDS, demands, damages, losses, hens, habtltttes, penalt1es, tines, laWSUIts and other proceedmgs and costs and expenses (mcludmg attorneys' fees and dlSbuncments) that result In actual cost and expense to Lender pnor to any transfer of the PrOject pursuant to foreclosure proceedmgs or m beu thereof, and anse chrectlyor IndIrectly from or out of, or m any way connected With (I) the maccuracy of the representabons contamed herem, (II) any &cbVlbes on the PrOject dunng Borrower's ownerslnp, possessIon or control of the Project that chrectly or mdlrectly result m the Project or any Affected Property beconung contammated With Hazardous Substances, (III) the chscovery and/or clean up of Hazardous Substances that were depostted on or were eXisting on the PrOject pnor to such a transfer or that were depoSIted on any Affected Property as a result of Borrower's actIons or OnuSSlonS, or (IV) any alleged or actual fa!lure of any unprovements now or hereafter constructed on the Project to continuously comply With all Access Laws now or bereaflcr enacted for any reason whatsoever Borrower acknowledges that, as between Borrower and Lender, Borrower Will be solely responSible for all costs and expenses relatmg to the clean up of Hazardous Substances from the Project or the clean up of any Hazardous Substances from any Affected Property as a result of Borrower's acllons or OIlUSSlons and the modtficatlon and correcIJon of any of the Improvements constructed on the Project so as to comply fully WIth al1 Access Laws ARTICLES RIGHTS AND DUTIES OF THE PARTIES 5,1 Performance 01 Seenred Obllg.tlo .... Borrower shall promptly pay and perform each Secured Obhgatton m accordance wllh Its terms 5.2 Representadons IIDd WalT1Uldes. Borrower represents and warrants thai, Cl1.cept as . preVIously chsclosed and accepted by Lender m wntlng S.2.1 TItle to Land and Improvements, Borrower holds fee Simple btle to all of the Land and Improvements, subject only to such exception. and encumbrances as have been approved In wntmg by Lender (the "P.rmltled Exc.pdou"), and Borrower has or will have good btl. to all portions of the Collateral other than the Land and Improvements 5.2.2 TWe to Personal Property. Borrower owns any portion of the Collatcralthat IS personal property free and clear of My secunty agreement., reservaltons of lttIe, or conchtlonal sales D •• do/Tntll page 10 tlUIJ68 10011-6 J/lwf)I'doc 11I11l2ooJ 20031219002603.011 contracts, and there IS no financmg statement aifectmg such personal property on file m any pubhc office other than m Lender's favor 5.2.3 Right to Eneamber/Prlorlty. Borrower has the full and unlllll1ted power, nght, and authonty to encumber the Collateral and aSSIgn the Rents, Issues and Profits and Leases Upon recordmg of tillS Deed of Trust and fihng of a UCC Fmancmg Statement WIth respect to any portron of the Collateral that IS determmed to be personal property, t1us Deed of Trust, Secunty Agreement, and FIXture Fllmg WIll create a first and pnor hen on the Collateral that IS subJect and subordmate to no other hens except for the PerlI\ltled Exceptions 5.2.4 Commerda! Purpose. The Loan and the other Secured Obbgatrons were obtamed by Borrower and will contmue to be used for commercJal or busmess purposes, other than agncultural, timber, or grBZlng purposes, and not for personal, fll11llly or household purposes 5.3 Taxes aDd Assessments. Borrower shall pay or cause to be paid when due, all general real and personal property taxes, specl8l and supplemental real and personal property taxes and assessments, hcense fees, license taxes, leVlcs, charges, penalties, or other taxes or sllII1lar mtpOsltlons Imposed by any pubhc or quaSl-pubhc authonty or utJhty company that are Or may become a hen upon the Collateral or any portron thereof or 10_ therem, or that may cause any decrease In the value of the Collateral or any part of It Borrower ahaIl also pay when due all real property taxes, assessments, leVIes and charges Imposed by any pubhc authonty upon Lender by reason of Its 10_ 10 the Collateral created hereby All ofth. foregomg lIIXes, assessments and other charges payable by Borrower WIth respect to the Collateral are collectrvely refcm:d to as the ''1R1ptnitlotu. H If requested by Lender, Borrower shall furnISh Lender WIth recetpls from the appropnate taxmg authonty or other proof sansfactory to Lender that all ImposItions have been paId on or before the date upon willch they become dehnquent 5.4 Liens, Charge. and Encumbrances. Borrowi:r shall not encumber or perll\lt the encwnbrance of the Collateral WIthout Lender's pnor wntten consent and Borrower shall Imrnedtatcly dIscharge any hen on the Collateral to wluch Lender has not ccmsentcd 10 wntmg Borrower ahaIl payor cause to be paJd when due all obligations secured by or rcduCtble to hens and encumbrances that shall now or hereafter encumber or appear to encumber the Collateral or any pert thereof, all clallDS for work or labor performed, or matenals or supplies finrushed, m connectron WIth any work upon the ProJect, whether the lien, charge or enCUDlbrance IS or would be senIor or subordmate to thIS Deed of Trust, proVIded, however, that Borrower ahaIl not be m default hereunder due to any such hen, charge, or encumbrance that IS a Penmtled Excepbon Lender hereby expressly reserves the nghl to advance any and all funds necessary to cure any and all such obhgatrons, and/or claIms 5.5 Required IDsuraDce Borrower shall keep the follOWIng Insurance coverages ID effect with respect to the Collateral <a) builder's nsk msurance agamst loss by fire and the hazards now or hereafter embraced by the standard "All RIsk" fomt of msurance, mcludmg caurae of constructton msurance covenng theft of matcnals, m an arnoUDt equal at all tllDCS to the full msurable value of the Improvements All such m81D11Dce coverage shall conlSm a ''replaCement cost endorsement" WIthout reductton for deprecl8t1on, and ahaIl also eonISm loss of rents and/or bUSlJ1C88 mterruptlon msurance coverage, a fluctuatJ08 value endorsement WIth a W81ver of the CD-lDsurance clause (or an agreed amoWlt endorsement WIth an mflatlon guard endorsement), and shan contalD such other endorsements as Lender may reasonably request All such endorsements shall be In form and substance sattsfactory to Lender, (b) comprehensIve pubbc liabilIty IDsurtUt<:e agalllSl cl.1IDS for boddy mJury, death or property damage occumng on, In or about the Land of the Improvements m amounts and on terms acceptable to the Deed ofTrusI 1114068 10011-6 3IZwOJ'doc IZII//JOD3 pagBlI 20031218002603.012 Lender, (c) flood msurance m an amount sahSfactory to Lender and on terms sahsfaclOly to Lender .rthe Land IS located m a desIgnated flood hazard ami, and (d) msurance agamst such slIntlar or other hazards, casua\ltes, hablbtle. and conllng<:llCIes, ID such forms and amounts, as Lender may from hme to bme reasonably requIre Each msurance pobcy shall be WIth a company and m a form acceptable to Lender Each hazard IDsurancc pobcy shall mclude a Form 438BFU or equIvalent mortgasee endorsement In favor of Lender Each bablbty Insurance poltcy shall name Lender as an addlhonailnsured All reqwred pobcles will proVIde for at least ten (10) days' written nobce to Lenderpnor to the effecttve date of any cancellalton or matenal amendment, whtch term shall mclude any reductton m the scope or lmuts of coverage Borrower shall furnIsh to Lender the onglnal of each requtred InsuranCe poltcy, or B certtfied copy thereof tog<:tlter WIth a certtftea!e of Insurance setttng forth the coverage, the hoots of bablilty, the carner, the poltcy number and the explralton date Borrower shall promptly funllm to Lender all renewal nohces relahng to msurance pobClcs Borrower shall pay all preml1J1ns on msurance pobcles chrectly to the carner At least t1urty (30) days prIor to the exptrahon date of each such poltey, Borrower shall furmsh to Lender a renewal poltcy m a fonn acccptsble to Lender, together WIth CVIdence that the renewal premtum has been p8ld As secunty for the Secured Obhgsltons, Borrower hereby 8SSIgns to Lender all required msurance pobcles, together WIth an proceeds thereof, nghts thereto and a1llD1earned pl'Clmums returnable upon cancellahon 5.6 IJlluranee and Condemnation Proceeds. 5.6.1 Payment to Lender Borrower hereby absolutely and IITCvocably 8SSlgna to Lender, and authonzes the payor to pay to Lender, the followmg claIms, causes of aclton, awards, payments and nghts to payment, together WIth all mterest that may accrue thereon (collechvely, the "Claims,,) 5.6.1.1 Condemnation Awards. All awards of damages and all other COmpensatIon payable dtrectly or mdlrectly because of a condentnatJort, proposed condemnalton, or talong for pubhc or pnvatc use that affects all or part of the Collateral or any mterest In It, 5.6.1.1 Warranty ClaIms. All awards, c1allDS, and cauacs ofactton ansmg out of any warranty affectmg all or any part of the Collateral, or for damage or lI\Jury to or decrease m value of an or part of the Collateral or any mterest m It, and 5.6.1.3 Insurance Proceeds. All proceeds of any Insurance poltCles payable because of damage or loss sustamed to all or part of the Collateral 5.6.Z Nodee to Lender • Borrower shall unmedtately nobfy Lender ID wntmg If (I) any damage occurs or any Injury or loss 18 sustaJDeci to all or part of the Collateral, whether or not covered by Insurance or warranty, or any aellon or proeeedmg ",lallng to any such damage, Injury, or loss IS commenced, or (II) any offer 18 made, or any actton or proceedtng IS commenced, that ",\ales to any actual or proposed cOJIdemnatJon or taIc!ns of all or part of the Collateral 5.6.3 Pursuit or ClnIms. Borrower shall (lIII'SIIC recovery of aU such C181tnS and defend Its nghts under any proceedmg for condemnallon of the Collateral or any part therecf and prosecute the Game WIth due dthgence to Its fUl8l chsposlhon. and shall cause any awards or settlements to be p8!d over to Lender for dtspostllon plll\lllant to the terms ofthl8 Deed of Trust Lender may, at Lender's oplton and m Lender's sole dISC"'tton, as attorney-m-ract for Borrower, make proof ofloss and adjust and compromtse any Clallns, appear m or prosecute any achon or proceedmg to enforce th. CI8Itns, or partiCIpate m any Bclton or proceedtng relatlllg to condemnatJon or talang of all or part ofthc Collateral, and may lOID Borrower III adjusting any loss covered by IDsurance Borrower shall debver or Deed .[Trust page 12 1I).1IJ68 10011-6 JllwOl'doc 1211112003 -----------_ ... _-------- 20031219002603.013 cause to be dehvered to Lender such Instruments as may be requested by Lender from limo to limo to permit Lender to take any such acllons 5.6.4 AppllcatiOD or Proceeds. All proceeds of the C1anns that Borrower may receive or be enlltled to receive shall be Jl8Id to Lender Lender shall apply any proceeds received by It hereunder first to the payment of the reasonable costs and expenses mcurred In the collecllon of the proceeds Lender shall then apply the remaining balance of such proceeds (the 'Wd CI#bru ProcMb,,), In Its absolute dlscrellon and WIthout regard to the adequacy of lIB secunty (I) to any of the Secured Obhgabons, notwlthslandlng the fact that Secured Obhgallons may not be due according to tbe terms thereof, (II) to reImburse Borrower for the costs of reconstrucllng the hnprovements or Otherwise repamng or restormg the Collateral, or (111) to Borrower, proVIded, however, that If there are no outsllmdtng Events or Defaul! under any of the Loan Documents and Borrower estabhshes, to Lender's reasonable sallsfacllon, that Borrower has suffiCIent f\mds, including the Net Clatms Proceeds, to fully rebwld or repatr the Collateral Wltllln the remolDIng tenn of the Loan and Without dela)l1ng the complellon date of the Project, Lender shall malce dtsbursements of the Net ClaIms Proceeds for purposes of repaIr or restorallon of the Collateral 5.6.5 Reswratlon. If the Net Clatms Proceeds arc used to reimburse Borrower for the cost of reconstrucllon, restoralton, or repatr of the Collateral, the Collateral shall be promptly and diligently restored by Borrower to the equn'a!enl of Its condlllon Immodtately pnor to the casualty or condcmnalton m accordance WIth tbe Plans or to such other condillon as Lender may approve m wntmg, and dIsbursements of such Net ClaIms Proceeds shall be m accordance WIth dIsbursement procedures acceptable to Lender If, after applymg the Net ClaIms Proceeds to the Secured ObhgabOns, Lender reasonably detenrunes the remammg secunty to be madequate to secure tbe remamlng Secured Obhgabons, Borrower shall, upon wntten demand from Lender, repay an amount that WIll reduce tbe remaIning Secured Obhgallons to a balance for wbtch adequate secunty IS present 5.7 MaIntenance and Preservation of the Collateral. Borrower covenants (a) to mamtam and preserve the Collateral In good cond,llon and repatr and In a prudent busmessllke maJUler, (b) not to remove, demohsh or structurally alter the Collateral or any part thereof, or alter, restore or add to the Collateral, or Imbate or allow any change ID any zomng or other land use classlficallon that affects the Collateral or any part of II, except WIth Lender's express pnor wntten consenl, and except such aJterallons as may be reqUired by laws, ordmances, rules, regulabOns, or orders of governmental authonlles or by the terms hereof, (c) to comply WIth and not suffer Vlolatlons of any exlsbng and ful1trc SUbdIVISIon laws, buJldtng codes, zorung laws and regulallons, and other laws, regulallons, ordmances, rules, codes, orders, dlrecl1ves, guldclmes, bwldtng restncltons and requIrements of, and all agreements WIth and COmmttments to, all federal, state, county or muniCIpal governmental, JudICIal or legal authonlJes or agencIes haVlngJunsdlcllon over the Borrower or the Project, 1l\Cbtdmg those pertammg to the construcllon, sale, lease, or finanCIng of the Improvements, and all recorded covenants and restncl10na affecllng the Project (the "Rel/ulnme1lb"), (d) not to COmmtt or pernnt any waste to or detenorabon of the Collateral, (e) to perfonn all other acts that from the character or use ofthc Collateral may be reasonably necessary to tnalnbun and preserve 1111 value, (I) to perform all obhpbonS requrred to be performed under the Loan Documents, and all other obhgallons of Borrower perwmng to the Collateral, and (g) to execute and, where appropnate, acknowledge and deliver such further mstrumenlll as Lender or Trustee may deem necessary or appropnate 10 preserve, conllnu., perfect and enJoy the secunty proVJded for berem Deed of r",,/ pageJJ '141368 10011-6 JI2w()I'Joc /1111/2003 20031219002603.014 5.8 Defense and Notice of Actions; Costs. Borrower shall, WIthout hablllty, cost, or expense to Lender or Trustee, protect, preserve, and defend Borrower's fee mtcIcst m and to the ProJcct and Borrower's mterest 10 the Collateral, the secunty oftlus Deed of Trust, any addillonal or other secunty for the Secured ObhsallOnS, and the rights or powers of Lender or Trustee hereunder asams! all adverse claIms SaId protecllon, preservallon, and defense shallmclude, but not be hrmted to, protecllon, preservation and defense asamst all adverse clamumts to and encum1mm<:ers of Borrower's mterest m the Collateral, whether or not such clamumts or encumbrancers assert an mterest paramount to that of Lender Borrower sha1l8lve Lender and Trustee prompt nollce 10 wntmg or the filmg of any such acllOn or proceedmg Borrower shall pay all costs, fees, and expenses mcludmg, WIthout hmltatlon, costs of OVIdence of litle, trustees' fees, and reasonable attorneys' fees paId or mcurrcd m any acllon or proceedmg m whIch Lender and/or Trustee may appear or be made a party, whether or not pursued to fmal Judgment, and m any exercise of the power of sale or other n:rnedy contamed herem, whether or not such sale IS actually consummated or such other remedy IS actually prosecuted to camplelIon 5.9 Right ofinspection. Lender, Its agents, employees and representallves shall have the fight to enter the Project at any reasonable lime for the purpose of mspecl1ng the Project and ascertammg Borrower's comphance With the terms hereof, and for such other purposes and m accordance WIth the terms speCified m any of the other Loan Documents S,10 Actlona ofTrnstee. Trustee accepts thiS trust when thiS Deed ofTTUS!, duly executed and acknowledged, becomes a pubbc record as prOVided by law 5.10.1 Compensation. Borrower agn:es to pay fees m the maxlJDum amounts lesal1Y perrmtted, or reasonable fees as may be charged by Lender and Trustee when the law proVides no maxullInn hnnt, for any servJces that Lender or Trustee may render m connecllon WIth thIS Deed of Trust Borrower further agrees to pay or mmburse Lender for all costs, expenses and other advances that may be inCurred or made by Lender or Trustee m any efforts to enforce any terms of thiS Deed of Trust, whether any laWSUit IS filed or not, or 10 defcndmg any action or proceedmg an.mg under or relatmg to thiS Deed of Trust, mcludmg attorneys' fees and other lesal costs, costs of any Foreclosun: Sale (as defined m Secllon 6 2 8) or bankruptcy proceeding affecllng the Borrower or the Collateral, and any cost of eVIdence of IItle . 5.10,2 ExculpaUon, Lender shall DOt be directly or mchn:ctly ll8ble to Borrower or any other person as a consequence of (I) Lender's exel'C1&e of or fllliure to exercIse any nghts, n:medles, or powers granted to It m tlus Deed of Trust or to perform or discharge any obllsalIon or habllity of Borrower under any agreement n:lated to the Collateral or under thiS Deed of Trust, or (u) any loss sustamcd by Borrower or any t1urd party resultmg from any act or OJDISSlon of Lender m managmg the Project, unless the loss IS caused by the WIllful rmsconduct or gross negbgence of Lender Borrower hereby expressly W81ves and n:leases all hablllty of the types deSCribed above, and agrees that no such habillty shall be asserted agamst or unposed upon Lender 5.10.3 Indemnification Borrower agrees to mdemmfy Trustee and Lender agamst and hold each of them and their respccbve officers, employees, agents, and representatives, hannless from sod agaInSt any and all losses, damages, lIablblles, clauns, causes of achon, Judgments, court costs, attorneys' f .... and other lesal expcnaes, cost of CVldence of litle, cost of eVIdence of value, and other costs and expenses that either may n:asonably suffer or mcur (I) m perforrmng any act rcquued or pcrrmtted by thl. Deed of Trust or any of the other Loan Documents or by law, (Il) because of any failure of Borrower to perfonn any of II. Secured ObhgalIon., or (111) because of any alleged obhganon of or IUldcrtskmg by Lender to perform or discharge any of the n:presentatlODS, warranties, Condillons, Dteri ofTrusr #UJ368 10011-6 3IlwOl'dt>< 111111101)3 20031219002603.016 covenants or other obhgallons m any document relallng to the Collateral other than the Loan Documents T1us agreement by Borrower to mdemmfy Trustee and Lender shall survive the release and cancellallOn of any or all of the Secured Obhgal1ons and the full or parIIal release and/or reconveyance of thIS Deed of Trust 5.10.4 Payment by Borrower. Borrower shall ful1illall obbgallons to pay money anslDg under thIS Sechon munedlately upon demand by Trustee or Lender Each such obbgabon shall be added 10, and conSidered to be part of, the pnnclpal of the Nole, and shall bear mlerest from the dale the obbgahon anses at the rate appbcable to the pnnClpaI balance of the Note, as such rate may be adjUsted 5.11 Permitted Actions. 5.11.1 Releases, ExteD.IoD., Modification, Ind Addldonal Secnrlty. From tIme to tlnte, Lender may perform any of the followmg acts Without mcumng any bablbty or gIVIng nollee to any person (I) release any person bable for payment of any Secured Obbgatlon, (11) extend the hme for payment, or otherwise alter the terms of payment, of any Secured Obhgabon, (m) accept addilional real or personal property of any lond as secunty for any Secured Obbgahon, or (IV) alter, subshtute, or release all or any pomon of the Collateral 5.11.2 Powers of Tntatee. From bme to bme when requested to do so by Lender m wnhng, Trustee may perfonn any of the followmg acts Without mcumng any bablhty or glvmg nOhce to any person and Without affechng the personal hablbty of any person for payment or perfonnance of any of the Secured Obltgabons (I) consent to the makmg of any plat or map oftha Project or any part of It, (11) Jom m granllng any casement or creatmg any covenant or rcsfucllon affecttng the Project, (m) Jom m any extension, subordmalton, or other agreement affecttng thiS Deed of Trust or the ben of It, or (IV) reconvey the Collateral or any part of It Without any warranty 5.12 Partial ReconveyaDce. Upon Borrower's fulfillment of all of the terms and condluons set forth m the Loan Documents, Lender agrees, at any lime upon the wntlCn request of BOrrowCT, to direct Trustee to execute and deltver a pamal reconveyance releasmg from the ben ofthts Deed ofTrus! each of the separate subdlVlSlon lots that collechvely conslltute the Land (cach lot to be released IS heremafter referred to as a "Release Unit") so long as' (I) there does not ClUst any uncured default under any of the Loan Documents or any event whtch, followmg nollce and/or the expiration of any apphcable cure penod Without a cure, would constItute an default thereunder, (11) the Release Umt and the real property rernammg subject to the Deed of Trust shall each Constitute legal and separately conveyable parcels w.th reasonable and adequate access to pubhc streets and utl1111e8, m accordance With the Plans, and (m) Lender receIves the release pnce estabhshed m the Loan Documents (the "Release Prlee") and all other amounts It IS enbUed to receive thereunder Except as speCifically proVIded m the Loan Documents, Lender shall not be obbgated to reconvey the ben of the Deed of Trust, m whole or 10 part, unuJ It has received payment m full of all amounts due Lender under any of the Loan Documents Lender's acceptance of any payment or Instruchon to the Trustee to ISSUe any parbal reconveyance shall not affect Borrower's obhgauon to repay all amounts that remaIn owmg under the Loan Documents or the secunty of thIS Deed of Trust regardmg any Collateral that IS not reconveyed If Lender does not requIre sahsfaclton of all of the COndItionS set forth In the Loan Agreement before releasmg one or more Release Umts, thai alone shall not be a W81ver of such cond.hons, and Lender reserves the nghllo requIre theIT sat.sfacllon m full before relCllSlng any further Release Units from thIS Deed of Trust . S.13 Full ReconveyaDte. When all of the Secured Obhgatlons have been paid In full and there exISts no default under any Related Loan, Lender shall request Trustee 1ft wnllng to reconvey the Deedo/Trw' pageH flUI]68 IOQIl-6 JJ1w01'doc IlIJJI2003 20031219002603.016 Collateral, and shall surrender thIS need of Trust and all notes and mstrumcnts eVldencmg the Secured ObligatIOns to Trustee When Trustee receIves Lender's wnllen request for reconveyance and all reconveyance fees, recordmg fees, or other fees and e"P"nses owmg to It by Borrower hereunder, Trustee shall reconvey the Collateral, or so much of It as IS then held under th,S Deed of Trust, WIthout warranty to the person· or persons legaUy enlltled to It In the reconveyance, the grantee may be descnbed as ''the person or persons legally enlltled thereto," and the recitals of any matters or facts shall be conclUSive proof of their truthfulness Neither Lender nor Trustee shall have any duty to deternune the nght of persons clalmmg to be nghtful gnmtees of any reconveyance 5,14 Late Cbarge. If Borrower COlllllUts an Event of Detliult ID the payment of an amount due and payable under tins Deed ofliust, a late charge as spec1fied m and measured by the Note may be charged by Lender for the purpose of defraymg the cxtra admmlstrauve cxpenaes IncIdent to handhng such delmquent payment and the loss of the use oflbnd. resulting from Borrower', non-payment when due Such late charge ahall be paId WIthout prejudIce to the nghts of the holder of the Note to coUect any other amoWlts proVided to be paId thereunder 5.15 Subrogation. Lender ,hall be subrogated to the hens of all encumbrances, whether released of record or not, that are dIscharged m whole or m part by Lender 10 accordance WIth thIS need of Trust or WIth the proceeds of the Loan 5.16 Notice of Change. Borrower shall glVC Lender pnor wnllen nobce of any change JD' (I) the locabon of Its place ofbuslDess or Its chIef execullve office If It has more than one place of busmess, (II) the locallon of any of the Collateral, mcludmg the Books and Records, and (111) Borrower's name or busmess structure Unless approved by Lender m wntmg, all Collateral that conSIsts of personal property (other than the Books and Records) WIll be located at the ProJect and all Books and Records WIll be located at Borrower's place of bus mess, or chIef execullvc office If Borrower has more than one place of bus mess ARTICLE 6 DEFAULTS AND REMEDIES 6.1 Events of Default. The occurrence of anyone or more of the fonowlDg shall consbtute an "Event of Dej'auU" 6.1.1 Payment Default. Failure to make any payment or to perform an obhgallon to pay money that an ... Wlder the Note or any of the other Loan Documents wlthm IS days after the date on whIch such payment IS due, except for obligations due on the oxplrallon of the term of the Loan, for winch there shall be no IS day grace penod, 6.1.l ConstrucdoD Defaults. Any of the folloWIng relatmg to construclton of the Project (I) Tbe filmg of any mccbamc's hen or any stop nobce WIth respec;t to the ProJcct that IS not bonded agalDst or released upon Borrower's dISCOVery thereof and wlthm 30 busmess days after filmg, (11) Any matenal tlidure m the construcbon and oomplehOD orthe Improvements to comply WIth (a) the Plans, (b) the ReqUIrements, or (c) the terms oftJus Agreement, If such faIlure 18 not cured wlthm 30 days after nollce thereofby Lender, or, If such cure cannot be accompltsbed Wlthm such 3().day penod through the exercIse of chhgcnce, the failure by Borrower to promptly commence the requlfCd cure and thereafter to conbnuc the cure WIth due dIligence until such default IS totally eured, whIch must In any event occur wlthm 90 days after such default, or (111) Borrower's fadure to proceed WIth work on the Deed of Trust pag' 16 #UJJ68 10011-6 JI1wOJ'doc IJlllnOOJ 20031219002603.017 Improvements In a dilIgent and workmanltke malUler If such fatlurc: IS not cured wtthm 15 days after wntten nollce thereofby Lender 6.1.3 UDauthorlzed Traaafer. A transfer, purpcrted transfer, or change of ownershIp or control of Borrower 10 Vloiallon of ArIIcle 7 6.1.4 Insolvency. Borrower, any Guaraator, or any trustee of Borrower or a Guarantor (i) tiles a penllon 10 bankruptcy or for an arrangement, reorgatllZlluon, or any other form of debtor rehef, or such a petition IS filed agamst Borrower or Guarantors or any trustee of Borrower or Guarantor and IS not dISmissed wtthm 4S days after the dale of filmg, (II) commences any proceedlOg for dlssoJunon or hquldanon or any such proceedIng IS oorrunenced agamst Borrower or a Guarantor and IS not dlSJrusscd W1thm 4S days after the date of commencement, or (m) makes an assIgnment of all or substsnnally all of Its assets fur the benefit of Its creditors 6.1.5 AppolntmeDt of Receiver A d= or order 15 entered for the appamtmcnt ofa trustee, receIver, or hquldator for Borrower or a Guarantor or any of the Collateral, and such decree or order IS not vacated Wlthm 4S days after the date of entry 6.1.6 MODey JudgmeDt. A fmal Judgment, order or decree for the payment of money shall be n:ndered &gamst Borrower or any Guarantor, and Borrower or such Guarantor shall not satisfy and pay the same or cause It to be dIscharged wrtlnn 30 days from the entry thereof, or shall not appeal . therefrom and secure a slay of execunon pending such appeal, or there IS an attacluncnt, executIon. or other JudICIal sctzun: of any portion of Borrower's assets and such SClZUl'C IS not discharged or bonded agll1nst to Lender's reasonable sallsfactlOD Wltlun 30 days 6.1.7 Misrepresentation. Any wntten represcntanon or dIsclosure made to Lender by Borrower proves to be malenally falsc or mlsleadmg when made, whether or not that wntten representatIon or disclosure IS contamed herem 6.1.8 Seeurity Impaired. There IS an unmsured casualty WIth respect to any malenal parllon of the Collateral and Borrower fBlls to unmedJately repaIr such damage, Borrower fads to sansfy the condlnoll8 sct forth m the Deed of Trust for the release of lllsurance proceeds or any condemnanon award, or, whether or not Lender has recetved and applIed lllsurance proceeds or any condemnanon award to the Secured ObbgalJons 10 accordance WIth the Deed of Trust, Lender reasonably detemnnes that tts secunty 18 ItnpatrCd by such casualty or condemnabon and Borrower fatl. to Immccbately dcpostt m Borrower's Account an amount detemuned by Lender 8S necessary to restore such sccunty 6.1.9 Default. UDder Agreements with Tblrd Parties. Borrower defaults In the performance ohny matenal covenant under any perrrutted financmg related to the Project, or under auy sales agreement, lease, or other mstrumcnt 8SSIgned to Lender as SCCW1ty for the Loan . 6.1.10 Other Defaults Uader Loan DoeumeDts. Borrower faJls to perform any other covenant. agreement, or obbgallOn under any of the Loan Documents, mcludlng the failure to proVIde any reports reqwrcd to be proVIded to Lender, If such default IS not cured wtthm 30 days after, wntten nollce thereof by Lender (or such other pcnod as may otherwtse be specIfied herem or m the Loan Document under whIch such default anscs) 6.1.11 Default Uader ReJated Lou DocumeDtl. An Event of Default occurs as defined tn and anStng under any Related Loan Documents Deed of Trust page 17 IIUIJ68 11)011-4 J/2w()I'doc l2IlIIlOOJ 20031219002603.018 6.2 Rights and Remedies. At any lime after the occurrence of an Event of Default hereunder, Lender and/or Trustee shall have all of the nghts and n:medJes descnbcd below, m addillon to any other nghts and remedies of Lender under the Loan Agreement, the other Loan Documents, or the Related Loan Docwnents To the fullest extent pernnttcd by law, all of such nghts and remedies shall be cumulatIVe and the exen:lse of any one or more of them shall not constitute an election of remecbes 6.2.1 Receiver. WithOut regard to the then-current value of the Collateral or the Interest of Borrower !herem, Lender may apply to any court havlDg junsdlctlon to appomt a receIVer for the Collateral or any portion thereof, and Borrower hereby Irrevocably consents to the appolDtment of a reCClver upon such Event of Default Any such receiver shall have the usual powers and dulles of receivers In like or sundar cases and all the powers and duties of Lender set forth In thiS Deed ofTrusI or any of the other Loan Documents Employment by Lender shall not disqualify a person from serving as receiver 6.:1.2 Cure; Protection of Secnrlty. With or Without nobce, and Without releaSing Borrower from any obllgallon hereunder, Lender may (but shall not be obhgated to) cure any breach or default of Borrower, and, If It chcoses to do so ID connCCtlon With any such cure, do any and all other things that It may ID Its sole dlscrellon conSIder necessary and appropnate to protect the secunty oftlus Deed of Trust 6.2.3 Entry. Lender, m person. by agent, or by court-aPP0lnted TCCClver, With or WithOut bnngmg any action orprocecdmg, may terminate Borrower's nght and license to collect the Rents, Issues and Profits and to adnnmster the Leases, and enter, take possesSIon of, complete construcllon on, manage and operate, and lease or sell, all or any part of the Collateral, and may also do any and all other tbmgs In conrtecllon With those aellon. that Lender may m Its sole discrel10D ccnslder necessary or appropnate to protect the sccunty of t1us Deed of Trust or that are Otherwise pcnnrtted to be taken or conducted by Lender under the Loan Agreement. If Lender so requests, Borrower shall assemble any Collateral that has been remcved from the Project and make all of It available to Lender at the Project SIte The entenng upon and taIang posscSSlon of the Project, the collecllon ofth. Rents, Issues and Profits and the apphcabon thereof as afoTC88Id, or any of such acts, shall not cure or waive any default or Dollc. of default hereunder or mvahdate any other nght or remedy that Lender may have ID resPonse to such default or pursuant to such nollce and, nOlWlthstandmg the connnucd possession of the ProJcet or the collcellon, recClpt, and app!Jcallon of the Rents, Issues and Profits by Lender, Trustee, or Lender's recClver or agent, Trustee or Lender shall be enlltled to exercise every nght proVIded for IR any of the Loan Documents or by law upon the occurrence of any Event of Default 6.2A UDlform Commercial Code Remedies. With respect to all or any part ofth. Collateral that constttutes personal property, Lender shall have all of, and may exemsc any or all of, the nghts and remed,es of a secured party under the Uniform Commerctal Code m effect m the Project State 6.2.5 Judicial Action. Lender may eonnnence and malRtam an aellon or actiOns IR any court of competent junsdlctlon to foreclose t1us mstrumcnt as a mortgsge or to obtam specific enforcement of the covenants of Borrower hereunder, and Borrower agTCCs that such covenants shall be specifically enforceable by IDJuncIIon or any other appropnate eqUltable remedy and that Borrower W81VCS the defense oflachcs and any applicable ststute ofltmltallons If tins Deed of Trust IS foreclosed by judtcud acllon, and the Collateral scld at a foreclosure sale, the purchaser may, dunng any redempllon pcnod allowed, make such rcp8lrs or alterallons on the Land as may be reasonably necessary for the proper operation, care, preservallOl1, protection and IRsunng thereof Any sums so paid together With mtercst thereon ftom the lime of such expenditure at the lesser of the default rate under tbe Note, or the DeedofTnut page 18 t1U/368 IODIl04 J/1wOJI doc 1211lnOOJ --------------------------------------- 20031219002603.019 maximum rate pemutted by law, shall be added to and become a part of the amount RqUJred to be p81d for redemptIon from such sale In adcbllon, Lender WIll be enlltled to a Judgment proVlcbng that, If the foreclosure sale proceeds are msufficlent to satisfy the Judgment, execubon may Issue for the defiCIency 6.2.6 ReallzatioD OD Seemly. Lender may resort to and realIZe upon or waive the seeunty hereunder and any other secunty now or hereafter held by Lender m such order and manner as Trustee and Lender or eIther of them may, m their sole dIsCJ'ellon, deterrmne, wluch resort to such seounty may be taken concurrently or succCSSlvely and m one or several consolIdated or mdependent JudIcIal actIons or lawfully taken non-Judlc181 proceedmga, or both 6.1.7 Power of Sale. Lender may execute a wntten nollce of such Event of Default and of Its elecllon to mvoke thIS power of sale to cause all or part of the Collateral to be sold to sabsfy the Secured OblIgabODS Under dus power of sale, Lender shall have the dJSCl'Cbonary ngbt to cause some or all of the Collateral, meludmg any Collateral property that coosbtutes personal property, to be sold or othCl'W\se dlspoaed of ID any comblnallon and m any manner pemutted by applIcable law 6.2.7.1 Sales of Personal Property. For purposes of tlus power of sale, Lender may elect to treat as personal property any Collateral property thetIS IDlangJble or that can be severed from the Land or Improvements WIthout causing structural damage If II chooses to do so, Lender may cbspose of any personal property separately from the sale of real property, In any manner permItted by the Umform CommercIl\I Code m effect m the Project Stale, mcludmg any public or pnvale sale, or In any manner pemutted by any other applicable law Any proceeds of any such dlSPOSlbon shall not cure any Bvent of Default or remstatc any Secured Obllgabon 6.2.7.2 Trostee's Sales of Real Properly or Mhed Collateral Lender may also choose to cbspose of some or all oflbe Collateral that COn8ISI8 solely of real property m any manner then penmtted by applicable law In Its dlscrebon, Lender may also or alternatively choose to dIspose of some or all of the Collateralm any combmauon COIISl8Ung ofboth real and personal property, together In one sale to be held m accordance WIth the law and procedures applicable to real property, If and as perrmtted m the Project State Borrower agree. that.uch a sale of persor181 property conslltules a commercIally reasonable sale of the personal property For purposes oftluspower of sale, Clther a sale of real property alone, or a sale of both real and personal property together, WlII sometimes be referred to as a .. 7'nISt ..... SlIle H 6.1.7.3 Trostee'. Sale Procedures. Before any Trustee's Sale, Lender or Trustee shall (live and record such nobee of default and elecllon to sell as may then be reqUIred by law When all legally mandated lime penods have elapsed, Trustee shall sell the property bemg sold al a pubhc aucllon to be held at Ihe lime and place specIfied m the noIJce of sale, and Lender may Impose such terms and concbbons of sale as are pemutted or allowed by applIcable law From Ume to lime tn accordance WIth then appltcable law, Trustee may, arulm any event at Lender's request shall, contmue any Trustee'. Sale by publIC BDnOlIIlCCrDCDtat the lime and place scheduled for that sale, or may, m Its cbscrebon, (live a new nouee of sal. Also, Lender may from tune to tune dlSCODtmue or reacmd any nollce of default or notIce of sale before any Trustee's Sale as proVIded above, by executing and delrvenng to Trustee a wnllen nObee of such dlscontmuance or J'CSClSSlon The exercISe by Lender of such nght of resciSSIon shall not COnsIJlJlle a WBlver of any breach or default then CX1stmg or subsequently occumng, or Impair the nght of Lender to Cl<CCutc and delIver to Trustee, as above proVIded, other eleclarabons or noUces of default to sabSfy the Secured ObhgatJons, nor otherWlse affect any proVISIon, covenant, or Deed ofTrusI palleJ9 'U/J64 /OO/H ]/1..0/''''' /11/112003 20031219002603.020 combtlon of any Loan Document or Related Loan DocllIlll:llts, or any of the nghts, obligations, or remedies of Trustee or Lender hereunder or thereunder 6.2.7.4 BIdding at TnIstee's Sale. At any Trustee's Sale, Trustee shall sell to the highest bidder at public auction for cash m lawful money of the Untted States, unless other terms and conditions of sale are prescnbed by Lender m accordance With and as permitted by applicable law Any person, mcludmg, Without hnutatlon, Borrower or Lender, may purchase at such sale, and Borrower hereby coverumts to Wam\Dt and defend the tItle of such purchaser or purchasers Trustee shall execute and deliver to the purchaset(s) at BUch sale a deed or deeds conveymg the property bemg sold Without any covenant or Wam\Dty whatsoever, express or Implied The recitals m any such deed of any matIaB or facts, mcludmg any facts beanng upon the regularity or vahdlty of any Trustee's Sale, shall be conclUSIve proof of therr truthfulness 6.2.8 Single or Multiple Foreclosure Sales. If the Collateral Consists of more than one 101, parcel or Item of properly. Lender may (I) designate the order m winch the lots, parcels and/or Items shall be sold or disposed ofar offered for sale ar dlBpOSltJon, and (II) elect to dispose of the Iota, parcels and/or Items through a SIngle consohdated sale or dispoSItion to be held or made under the power of sale granted herem, or m connection With JudiCial procecchngs, or by vutue ,of a Judgment and decree , of foreclosure and sale, or through two or more such sales or dispoSItions, each of whICh may be separately noticed If so elected by Lender and permitted by applicable law, or m any other manner Lender may deem to be m Its best m1erests (any such sale or dlSJlOSltlon, a "Forechmutl Sale") If It chooses to have more than one Foreclosure Sale, Lender at Its option may cause the Foreclosure Sales to be held SImultaneously or successively, on the same day, or on BUch different days and at such different times and place. and m such order as It may deem to be m Its best mlerests, all as may be pcrnuttc:d under applicable law No Foreclosure Sale shall ternunate or affect the lien of thiS Deed of Trost on any part of the Collateral that has not been sold until all of the Secured Obligations have been patd m full 6.2.9 Releases, Extensions, Modification aud AdditlouaJ Security. Without affecting the habillty of any person for payment of any of the Secured Obhgatlons, Lender may make any agreement or take any action extendmg the malonty or otherwise allenng the terms or mcreaslng the amount of any of the Secured Obhgahons, and accept addItional secunty or release all or a porllon of the Collalcr1l1 and/or other seeunty for the Secured Obhgabons 6.2.10 Acceleration Not Required. Lender may take any of the achons pcrnutted under Secltons6 21 and/or 6 2 3 regardless of the adequacy of the seeunly for the Secured Obltgabons, or whether any or all of the Sc:cured Obligations have been dc:clared to be Immediately due and payable, or whether nohce of default and election 10 sell has been 81ven under thts Deed of Trust 6.3 PaymeDt of Coot .. Expenses, and Attoruoys' F .... All costs and expenses reasonably Incurred by Trustee and Lender In enforcing the remedIes avaIlable to them hereunder or otherWIse protecung Lender's nghts or mlerests (mcludmg, WIthout hmltatlon, court costs and attorneys' fees, whether Incurred m Itbgatlon or not, expenses for CVlderlCc ofulle, appnuaals and surwys and trustees' fees, and costs and fees relating to allY banlcruptcy, reorgaruzatlOD, or Insolvency proceeding) shall constitute an additional obltgatlon of Borrower to Lender and bear mterest at the Default Rate of Interest from the date of expenditure until saId sums have been patd 6.4 Remedies Not Exclusive. Trustee and/or Lender shall be entitled to enforce the payment and perfonnance of any Secured Obllgattons and to cxcrcl8C any and all nghts and powers under th,S Deed ofTruat, any other Loan Document, or any Related Loan Document, notwtthstandmg the Deed o/Trust pag.20 WUJ164 }{)()II~ 1}M}'dlH: 1211111001 20031219002603.021 ract that some or all of the Secured Obhgattons may now or hereaftcao be otherwise secured Trustee and/or Lender shall be entttled to enforce all such ngllts COIICUITClltly or separately, m such order and manner as they or eIther of them may In theu" absolute d,scretlon detennme No remedy IS Intended to be exclUSIve of any other remedy, but each shall be cumulabve and m addltlon to the others, to the fullest extent penmtted by Jaw ARTICLE 7 ASSIGNMENT 7.1 No AssIgnmeDt or EDcombruc. by Borrower Without Lender', COnseDt, Borrower acknowledges and agrees that the Secured Obhgattons are personal to Borrower and that the Identity of Borrower and Its partners and employees, and of any guarantors, and the relationshIp between Borrower and Lender, Borrower's credltwOrtbmcss, busmess expertise, financIal cond!bon, and contmued control of the CoUateml were matenal mducements upon wluch Lender relted m arrangmg the Secured Obhgattons Accordmgly, Borrower shall not, WIthout Lender's pnor wntten consent or as otherwtse expressly penDltted m th,S Agreement (I) sell, convey, assIgn, encumber, or OtherwIse tmnsfer any O[,ts nght, btle, or mterest m and to the Collateral or any other Project asset, whether sucb Imnsfer or encumbrance IS voluntary or by operatIon onaw, other than as specifically penDltled under the Loan Documents, (11) sell, aSSlgn, or tmnsfer Its mterest as borrower under the Secured Obhgabons, or (Ill) tmnsfer any stock or other ownershIp mterest that would cause a rnatenal change m the control of Borrower (excludmg, however, transfers of the mterests ofbnnted partners or non-mansgmg members of Borrower If such ImnsfClli do not materIally dmunlsh the powers of the general partner or rnsnager of Borrower or otherwtse cause a rnatcnal change m the nghts to manage and control Borrower) Any attempted assIgnment WIthOut such pnor wntten consent shall be null and VOId, and oeno effect, and shall also constitute, at Lender's opIIon, an Event of Default by Borrower under thIS Agreement 7,1 CondltloDs to Approval of AsslgnmeDt Aa a cond,tton of approvmg any assIgnment, Lender may unpose such reqwrernents and cond!lIons as It detennmes are appropnate m Its sole dlscretlon, mcludmg but not Itmlted to the rcqutrement that Borrower and the assunung party pay, m advance, any and all reasonable costs and expenses, mcludmg reasonable attorney's and accountant's fees, Incurred by the Lender In connccllon therCWIth No approval of any assIgnment shall csuse a release of Borrower from any liabIlity under the Loan Documents WIthout Lender's pnor wnttcn consent, which consent may be freely WIthheld' 7.3 Lou Due upon Prohibited Trusfer or Enenmbruee. Upon any tmnsfer, aSSIgnment, or encumbrance, as dcscnbed In Sectton 7 I for wluch Lender's wntten approval IS required but has not been obtatned, the enbre outstandmg balance oWing under the Note, moludlng pnUClpal, accrued tnterest, and any other amounts owmg under the Loan Documents shall become due and payable at Lender's optton, WIthout any rcqwrcmcnt for nollce or demand, and Lender may pursue any remedIes granted to It under tins Deed of Trust or any of the other Loan Documents 7,4 ASSignment ud PutielpatioD by LeDder. Lender shall have the nght, at any lime and from bme to bme and upon nOllce to Borrower, to BSSIgn or sell the Secured Obbgabons, andlor anyone or more parIIClpBlions m the Secured Obbgallons, accompanIed by an asSIgnment and/or delegation of any or all related nghts or obhgattons of Lender under the Loan Documents, WIthout the need for any form of consent from Borrower . Deed o/Trust pap2} tlUJ368 IOOlJ-6 312WO/1 dOl: /111111001 20031219002603.022 ARTICLES RIGHTS UNDER CONDOMINIUM LAWS This Deed of Trust shell mclude the followmg nghlS In connection With any condommlum project 10 be developed on the Land 8.1 S.curity Interest In RIghts Under CondomInium Laws. This Deed ofTrust and Lender's secunty mterest hereunder shall extend to all of Borrower's nght, title and lDtCfest m and 10 any and all umts, common elements, development nghts, declarant nghts and any other nghts of Borrower m . the Project now exlstmg or subsequently ansmg under all laws now eXisting or Ister enaeted relating to condommlums (together the "Colldomi"hlm Laws,? 8.2. Representations and Warranties. Borrower hereby represents, warrants and agrees' 8.2.1 Not 10 me, record or amend any concionunlum declarallon In connechon With the Project Without the pnor wntten consent of Lender, which consent Lender shall not unreasonably Withhold, 8.2.2 To take those steps necessary 10 ensure that the conciommlum declaration med m connection With the PrOject compbes With Chepler 6, Legal ReqUirements of the Fannie Mae Sellmg Gwde as established by the Federal NatJoDa1 Mortgage AssocIation and any sundar requtrements Imposed by the Federal Home Loan Mortgage Corporation, 8.2.3 To make all payments reqUired and to observe and perform all terms and conditions to be performed by Borrower under all documents by which the condol11lnlum IS constituted andlor governed and all other documents reqUired 10 be executed by declarant pursuant to the Condommlum Laws, 8.2.4 To comply With all of Its obhgaltOns as a Untt owner under the CondommlUm Laws, and 8.2.5 To pay all charges, IDcludlng all common expenses halnhtles and assessments (special or genet1lI), msunmcc, taxes and other Items Borrower IS or may later be responslbl. for paymg IDlder the condorruruum documents as the same may be recorded andlor amended, and under the COnciol11lDlUm Laws 8.3. Proxy. Until such hme as thiS Deed of 'fruit IS reconveyed ofn:cord as herem provllled, Borrower pledges to Lender Jls vote and conatltutes Lender as Borrower's proxy (which appomtmcnt IS coupled With an mterest) WIth sol. nght 10 vote upon 8.3.1 any parttllon of all or any porhon of the Land subject to the condominIum declarallon, 8.3.2 the nature and arnolDlt of any Insurancc With respect to any such property and dispoSition of any proceeds thereof, 8.3.3 the manner In whIch any condenmabon or threat thereof shall be defended or settled, 8.3.4 deterrmnatlon as 10 whether or not 10 restore or rebwld any portum of the unprovements located on the Land, 8.3.5 assessment of any expenses other than routme penodlc assessments, o..dofTrwt IIUl168 100/1-6 JJ2WOI'drn: IJlllnfJOJ page 22 20031219002603.023 8.3.6 removal of all or any pomon of the Land or Improvements from the proVIsIons of the Condommlum Laws, and 8.3.7 any modlficabons, amendments, extensIOns, renewsls, cancellabons, transfers or encumbrances of any Wilt tluit IS part of the Project by deed, lease or other mstrument 8.4. Authorized RepreseutaUve. Lender IS hereby appomted Borrower's authonzed representatJve (whIch appomtment IS coupled WIth an mteresl) for the mspectJon of books and records as provIded m the condornmlum declaration andIor bylaws, slUd appomltnent 10 be Irrevocable IDItll such lime as t1us Deed of Trust IS reconveyed of record as herem proVIded 8.5. Notices, Etc. Borrower WIll proVIde, upon request of Lender, true and correct copIes of 8.5.1 any nOllces to the owners of the condommlum IDIlts, mcludmg, but not Imuted to, any notices of any meetings of the owners of the condommlum UOlIS, 8.5.1 mmutes of any meetings, 8.5.3 any statement of financIal condltlon of the condommlum owners' assoc18!Jon mcludmg any budgets or proposed budgets as available to any owner, 8.5.4 any statement showmg allocallon ofpropomona1 occupancy, expenses and assessments Issued to Borrower, 8.5.5 any notIce of default ISSUed to Borrower, and 8.5.6 any amendment or proposed amendment to the condommlum declaralIon, bylaws, or other condonuruum documents 8.6 Paymeut or Commou EIpeDSes. Unless prohtblted by law, Lender or Trustee; eIther pnor to, contemponmeously WIth, or subsequent to the foreclosure of thIS Deed of Trust, or wbtle pendmg the exptratlon of any apphcable redemplIon penod subsequent to a JUdICIal foreclosure and sale upon execution of the Project, may pay common expenses for wbtch Lender may be lIable, and subsequent to such paymenlS Lender shall have a hen WIthoUt merger on the Project for the arnolDlt paId of the same pnonty as the hen of thIS Deed of Trust, or If subsequent to sale or execullon, saId hen shall be pnor to any hen held by any redemptJoner as defined by law In the event the Lender IS the successful bIdder at any sale upon execution subsequent to • Judlow foreclosure and obWns possessory nshts to the Collateral subject to redemption by the Judgment debtor or redemplIon as defined by law, any payments made by the Lender or Its successor m mteresl to satisfy condommJUD1 assessments leVJed and payable during the redemplIon penod shall, m the event of any redemplIon, be recoverable by the Lender from the Judgment debtor or lis successors m IDlerest, or any redernpboner In the same manner as any other assessment or tax would be recoverable 8.7 Condominlnm Insuranu. The msurance proVISIOns of tillS Deed of Trust shall be deemed satisfied so long as, upon estabbsbtncnt oCthe owners' 8S8OC18tJon Cor the Project, the owners' asSOC18tJon shall JIl8lntam (a) an "all nsk," apecw form property pohcy on the condonnnlum project that proVIdes 100% replacement cost IDswance coverage, and InCludes busmess mterruplIon coverage (and flood msurance IC appbcable) from a company or companies With a Best GuIde raung of A V or better, provlCllng a lcndeT's Loss Payable Endorsement fonn 438BFU m favor oCthe Lender, and (b) a ComprehenSIve General Llablhty pobcy WIth hnnls of not less than $1,000,000 combmed SIngle hnnt per occurrence and 52,000,000 aggregate Deed o/Trust pago23 11141368 JOOIl-4 JllwOJ'doc 111/1"003 ----------------------------- 20031219002603.024 8.8 Required consent or Lender. BolTOwer shall not, except after notice of Lender's pnor wntten consent 8.S.1 parIJlJon or subdIVIde the Land or the Project, S.S.2 consent to the abandonment or temnnatlon of the CondOlIDnlum project, except for abandonment or tenrunatJon proVlded by law m the case of substanbal destrucbon by fire or other casualty or m the case oftakmg by condcmnallon or emment domam, or 8.8.3 consent to any matenal amendment to the declaration, bylaws or rules and regulations of the condomInium owners' assoclallon, or equIvalent constituent documents of the condorrunllnn project, mcludmg, but not lumted to, any amendment that would change the iTaCtion or percentage of allocated Interests of the unIt owners m the condommlum project, proVIded that Lender hereby consents to all amendments to the declaratIon for the purpose of addmg addItional phases to the condomInIum project 1 ARTICLE 9 MISCELLANEOUS PROVISIONS. 9.1 Additional ProvislollS. The Loan Docwnents fully state all of the terms and conchuons of the parties' agreement regardmg the matters menlloned 10 or mCldental to tillS Deed of Trust The Loan Documents also grant further nghts to Lender and contain further agreements and affinnatlve and negatIve covenants by Borrower that apply to dlls Deed of Trust and to the Collateral 9.2 LImitation on Interest and Charg... The 1Oterest, fees and charges under the Loan Documents shall not exceed the maxImum amounts penmtted by anyapphcable law If any such mterest, fee or charge exceeds the maXImum, the mterest, fee or charge shaD be reduced by the excess and any excess amounts already collected from BOIl'Ower shall be refunded Lender may refund such excess eIther by treallng the excess as a prepayment of pnnclpal under the Note or by malong a dIreCt payment to Borrower The prDVlslons of th,S paragraph shall conlrol over any mconslStent provISIon 10 the Loan Documents 9.3 Permitted Contesls. BOIl'Ower may contest or object m good faIth to tbe amount or vahdlty of any tax, assessment, clalln, demand, levy, hen, encumbrance, charge or notIce of noncomphance asserted by a thud party (coJ\ecllvely, a "aaim,?, but only In accordance WIth the followmg condlbons (I) BoITOwer shall first gIve wntten notice to Lender and depoSit WIth Lender a bond or other &Ccunty sabBfactory to Lender In such amount as Lender shall reasonably reqUIre, up to 150% of the amount of the Clann or other sum m conIroversy, and shall have demonstrated to Lender's reasonable satIsfactIon that no portion of the Collateral WIll be sold to sallsfy the Claim pnor to final resolullon, (n) Borrower shall prompUy and dlhgently proceed to cause the Claon to be settled and dIscharged In a manner not prejudICIal to Lender or Its nghls hereunder, (111) IfBoIl'Ower ShaJJ fa,l to proceed dIligently to chscharge the ClaIm, then, m addltlon to any other right or remedy of Lender, Lender mal'. but shall not be obhgated to, dIscharge the same, by paymg the amount clauned to be due, or by dcposltmg m court a bond or the amount cl81med or OthClW1se gIVlng secunty for such ClaIm, or'm such marmer as IS or may be prescnbed by law, at BoIl'Ower's expense, (IV) Lender mal' employ an attorney or attorneys to pro=t Ita nghts hereunder, and In such event, Borrower shall pal' Lender the attorneys' fees and expcnaea mcurrW by Lender, whether or not an aohon IS actually commenced agamst Borrower by reason of any default hereunder, and (v) Borrower shall have proVlded such good and Deed of Trust pagBU tlU/J6I 10011-6 Jl2wOl'dtH: /111111003 suffic.ent undertakmg as may be requ.red or perrmtted by law to accomplish a stay of any legal proceedings then pending m connection WIth the Claun 20031219002603.025 9.4 Cooperation. Borrower shall, upon request, cooperate WIth Lender or Trustee to correct any defect, error or OIDISSlon that may be cIlscovered In the contents of th.s Deed of Trust or m the execution or acknowledgment hereof, and WIll execute, acknowledge, and dehver such further mstruments and take such further acbons as may be reasonably requested by Lender or Trustee to carry out more effectively the purposes oftlus Deed of Trust 9.5 Obligations of Borrower, Joint and Several. If more than one person has executed tins Deed of Trust as Borrower, the obhgatlons of all such persons hereunder shall be Jomt and several 9.6 SeverabUity. If any term of tlus Deed of Trust, or the apphcallon thereof to any person or clfcurnstancea, shall, to any extent, be mvsbd, VOid or unenforceable, the remamder of thiS Deed of Trust, or the apphcallon of such term to persons or cm:wnstances other than those as to which It IS Invahd, vo.d or unenforceable, shall not be affected thereby, and each term of thiS Deed of Trust shall be vshd and enforceable to the fullest extent permItted by law If the hen of thiS Deed of Trust IS mvahd, VOId or unenforceable as to any part of the Secured Obhgallons, or If the hen IS Invahd, vo.d or unenforceable as to any part of the Collateral, the unsecured or partially secured poIIIon of such mdebtedness shall be completely psld pnor to the payment of the fClD8.mng and secured or partially secured porlton of such Secured Obhgatlons, and all psymenlB made on such Secured Obhgallons shall be considered to have been first paid on and apphed to the full payment of that poIIIon of such mdebtedness that IS not secured or fully secured by the hen of thIS Deed ofTtust 9.7 No Waiver or Cure. No W8lver or delay or OnuSSlon In the exercise or enforcement by Lender of any of Its nghta or remedies hereunder or under any of the other Loan Documents shall be CODSldered a waiver of any subsequent apphcallon of, or nght to enforce, such nght or remedy, or of the nght to enforce any other nght or remedy of Lender m another mstance Furthermore, no waiver of Lender's nghts or remedIes In one or more Instances shall cstabbsh a course of deahng or other agreement that Will bind Lender or prohIbIt Lender from enforcmg the terms of tins Deed of Trust or lIllY other Loan Document m another mstance 9.8 Additional Security. If Lender at any time holds additIOnal secunty for any of the Secured Obllgallons, all such secunty shall be taken, CODSldered, and held as cumulative, and Lender may enforce the sale thereof or otherwtse realize upon the same, at Its opllon, C1ther before or concurrently WIth the exercise of any of Its nghts or remedies hereunder or after a sale IS made hereunder The taklDg ofaddlbonal secunty, the execubon ofparlJal releases of the securrty, or any exlenSIOD of the lime of psyment of the Secured Obllgallons shall not dmnmsh the force, effect, or hen of tins Deed of Trust and shall not affect or Impair the liability of any maker, surety, or endorser for the payment of any such Indebtedness 9.' Impoottlon of Tax. For purposes ofth.s Secllon. "TAr" shall mean (al a specIfic tax on deeds of trust or On all or any part of the IDdcbledncss secured by a deed of trust, or (b) a specific tax on the owner of the Collateral covered by a deed of trust wluch the taxpayer IS authOnzed or requued to deduct from psyments on the deed of trust, or (c) a tax on property covered by a deed of trust chargeable agamst a benefic lilly or trustee under the deed of trust or the holder of the note secured by the deed of trust, or (d) a specific tax (other than an Income tax or a gross receipts tax) on all or any portion of the obhgallons secured hereby or on psyrnents of pnDClpaI and 10_ made by a grantor under a deed of trust If any Tax IS enacted subsequent to the date of thiS Deed of Trust, enactment of the Tax shall Deed o/Trust pag.25 .I4IJ64 10011-6 Jllwfll'do< 11I1/I1ooJ 20031219002603.026 constitute an Event of Default, and Lender may exercISe any or all of the remeches available to It upon the occurrence ofany Event of Default, unless the followmg condtbons are met (I) BoIrower may lawfully pay tbe Tax WIthout cauSIng any resulltng economIc dtsadvantage or Increase of tax to Lender or Trustee, and (\I) Borrower pays the Tax (meludlng any tax on the payment made) Wlthm 30 days after notIce from Lender that the tax law has been enac1M 9.10 No Offset. Borrower's obltgal1on totunely pay and perform all ObltgaltoDS under the Note, tbls Deed of Trust, and the other Loan Documents shall be absolute and uneondtl1onal and shall not be affected by any event or ClnlWDSl1mce, meludlng WIthout lunttalton any setoff, c:ounlenllaun, abatement, suspenston, recoupment, deductton, defense or any other nght that Borrower or any guanmtor may have or claIm agamst Lender or any other person or enbly The foregomg shan not consl1tute a waIver of any claIm or demand wbtch Borrower or any guanmtor may have m dantages or OtherwIse agamst Lender or any other person or enl1ly, proVIded that BoIrower shall mamtam a separate acl10n thereon 9.11 Accommodations to Sueeesson. The bablhty of the ongtnal Borrower shall not be released or changed If Lender gnnls any successor m Interest to BoIrower any extensIon of bme for payment, or modtficalton of the terms of payment, of any Secured Obhgalton Lender shall not be rcqutredto comply WIth any demand by the ongtn8l Bonower that Lender refuse to gnnt such an CXleRSlon or modIficatIon to, or conunence proceedmgs agamst, any such successor m mterest 9.ll Amendments. ThIs Deed of Trust cannot be W81Ved, changed, dIscharged or terrmnated orally, but only by an mstrument in wnbng SIgned by the party agamst whom enforcement of any waIver, change, dIscharge or termmalton IS sought . 9.13 Successon In Interest. SubJect to the lumtabons on transfer contamed m the Loan Documents, the terms, covenants, and condlltODS herem contamed shall be blndmg upon and mwe to the benefit of the hctrs, legatees, dCV1sees, adtnmlstratora, executors, successors and assIgns of the pames hereto 9.14 Modification and E:ltenpoDS. Refermces to the Note, the Loan Agreement, the Loan Documents and the Related Loan Documents m thIS document shall be deemed to melude all modlficaltons, extenSIons, and renewals thereof 9.l5 AppUcable Law. The proVISIons ofthts Deed of Trust shall be governed by and construed m aocordance WIth the laws of the Project State, WIthout regard to the choIce oflaw rules of tbe ProJect State and except to the extent that fedentllaws preempt the laws of the ProJect State 9.16 Merger. No merger shall occur as a result of Lender's aeqUlnDg any other estate m or any other hen on the Collateral unless Lender consents to a merger m wnttng 9.17 Waiver of Man haling. Borrower W81ves all ngbts,legal and eqUItable, It may now or hereafter have to requtrC marshaling of assets or to n:qwrc upon foreclosure sales of assets m a parttcular order Eacb successor and asstgn ofBonower, mcludutg any bolder of a ben subordtnate to thts Deed of Trust, by acceptance of Its mterest or ben agrees that 11 shall be bound by the above W8lver, as If It had gIVen the waIver Itself 9.18. DlselosuresIDlae1almen. Lender makes the following disclosures and dlsclalmen In connection with this Deed ofTnlt: 9.18.1 Actlons Solely for Bene1lt of Beneflclary. Any and aU SIlbsequent purchasers of the Property, and auy other parties acqulrlug au Interestlu the Properly, are hereby Deed ofTnlS/ page 26 #/41168 /OOJl-6 J/M/'doc /VIIIlOOJ 20031219002603.027 put on notice that auy lospection or approval of any part of any development, coDltrnction, renovation, or improvement of the Property by Beneficiary or any agent or Beneficiary shall be made exclusively for the beaeDt of Benefidary, and Belleftdary makes no representaUons wbatsoever to oy third party acquiring any Interest lo Ibe Property. Suda third party shaU bave DO rlpts of reUanee upon allY acUon taken by Beaefidary. Benefidary makes DO representations wbatsoever to any tblrd party as to tbe adequacy or legaUty of any action of Grantor and any adlon of Beneficiary Is solely for Ibe benefit of Beaefidary. 9.18.2 Adjustable Rate Note. The Note contains provJsIolIS permttUng (a) Increases lind decreases In the rate of loterest provided lo the Note, and (b) loereases and decreases . In tbe periodic paymeats required under the Note. 9.19 Oral Agreemeuts Notice. ORALAGllEEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO 1I0RBEAR PROM ENFORCING REPAYMENT 011 A DEBT ARE NOT ENFORCEABLE UNDER WASIDNGTON LAW Deed oj1'rus1 page 27 #U/J68 /001/.(1 JJlwO/l dDe /1I111111OJ 20031219002603.028 DATED as of the clay and year first above wnlll:n BQRRQ~GUARANTOR IndJv,dual BOllowet (0) Dodo/Trust page 28 20031218002603.029 NUfARY BLOC!{ FOR BXBctmON BY AN ENTITY STATBOF!'_r&Sk~ COUNTYOF·~ }~ On tIus clay personally appeared befoIc me, Kolm B TAYJw. Robe!! W R!!M"'l8!!d Solgmpp Y Aywadc! 10 be known '"'JlOCIlvely .. 1ho Pmu!ent Secretary DT'''!!'"'' oew DeveIomnm! Co!poDnon. Iho comombon that cxOO1lled 1ho foIclOlng ..........-. aDd aclaIowiedged ouch IIIStnDDent 10 be 1ho ftee aDd volunlary act aDd deed of ouch cmp<im1i0D. for 1ho uses aDd purpos .. themn men11ODed, aDd on oath 11Btod that they -" duly autbonzed to exOO1lle """h InalrUment GWEN UNDER MY HAND AND 0 JCIAL SEAL TInS I '~daY o~r, 2003 '. PnntedNamo Ptl~29 • 20031218002603.030 EXlDBITA LEGAL DESCRIPTION LOT S, BLOCK J, JANE'IT'S RENTON IOULEV ARD TRAcrS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 17 OF PLATS, PAGE(S) 60, IN KING COUNTY, WASIDNGTON. DedofTrun pag030 'IIIJ68 10011-6 JI1wIJI'do< 11I1I/200J • 20031219002603.031 REQUEST FOR FULL RECONVEYANCE To be rued only wit.,. aU obbgtJlJOlU' h_ been fJQullI1fIkr the note arulth18 Deed ofTl-ust TO: TRUSTEE The andenlgned Is the legal owner and holder of the note and an other Indebtedness secured by the WltblD Deed of Trust. SaId Dote, topther with aU other IDdebtedaess secured by saId Deed or Trast, hal beeD I'uJIy paid aDd satlsfted; and you are hereby requested and directed, DD payment to you of aay IUms omg to you under the lerms of said Deed of Trust, to CllDcel said Dote above meationed, aud aU other evldencea or IDddIledneu eecared by said Deed of Trast deUvered to yon herewith, together with the said Deed of Trult, aad to reconvey, wlthont warraaty, 10 the parties d ....... led by the tOJ1lll of III1d Deed of Trust, lIB the _Ie now beld by you thereunder. Dated:, ________________ __ DeedofTnut pDge3/ ,WI64 10011-4 JI2wf)I'doc 1111111001 .. ."., ...... ·,' . Rt;jllliNADDBESS: Pu,get:'Sound Energy, Inc. Aftentlom" R/W'.Department (MML) P;OiBox'SDa68 '::GEN-43E ./lellevu, .. WA 98C09-4868 ... ' . ";' " ,"''''''. KNOW ALL MEN BY THES~' PR~kEN\~' th"'''PUiET .~OUI'jI).ENERGY. INq;". Washington corporation. Is the owner of an easement acquired}t:Om ~RY.D. H,,wILTO.,a;MO ~RY E. ~t,.TON, husband and 'Mfa, dated January 19, 1987, recotded under Aud,ltor'a.:f:'lIe.No. 8701231303 reCords of 19NG' COUNTY, over the real property described therein as follows: / .f' .f /./ ".'" ::. ":::. ,) .~' '.", " . "', ,I' •• ' .,' "'\. LOT 5. BLOCK 1. JANETT'S RENTON;'~oliLEVARll TAACTS"~C~RoINGTO PLAT RECORDED IN VOLUME 17 OF PLATS. PAGE 60. IN '1<IJiG coum •. WASHlNOToti; BEiNtl"'" PORTION PF THE NORTHEI\&T QUARTeR OF SEcnoN 14. ToviNsHiP 23·NOl\TH. ~oe $ EMT. W.M>... i "\ ';' "'.' .," ';';. ":,','" ."J ...•.. ::, , V·' . Said comp~~y does h~by abandon and release all rlghbi:lacQU~d tl'nded~ajd-~hrM.n~: .(;' ," " IN~V~R"2~~ .. ald oorporntlon has caused thl. Ina4.~i 1(;",,:,~Iad.:~~;e'iIL++'--. day of / \/ 1, >, 2j1Kb:';:~~ sTAi'~PF WAS~",qtON(' COUNT'?oP1<iNG:: .8 as i ./ On this l<:1t'" d.i)t'bf CiEC.S::M BEI2 2004. before me. the undersigned. a Notary Public in end for the State of Washlngtot;\~' glJly cQh,m'!JalO~ed ;8tid:. swom, personally appeared JENNIFER L. MAl to me known to be the perSon whQ,,'slgned .~B Real,Estjte RepresentaUva of Puget: Sound Energy, Inc. the corporallon that eX8cuteirttle-Wllhln amf'foregOIng' insirument. . acknowledged said instrument to be her free and voluntary act and deed and the ~ arU1.vg!untary ~t ~. Sound Energy, Inc. for the uses and purposes thereln mentioned; and Of! oath'lta'~d thai saId Instruction on behalf of said Pugat Sound Energy, Inc. ':;. ",. ".' Euement Release 11/1998 REOT t 51488 I U·Map No. ~EO:53 -------------------------------------------- ® King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055·1219 Permit Number: Date Issued: Expiration Date: Permit Status: Construction Permit Permit Type, Subtype: INSPDEMO, TOTAL ,-,f.-orvcJu V<tl 80410091 05/07/2004 05/07/2005 ISSUED Title: :> Description: DEMOLISH TWO EXISTI~IDEN#:THIRD BUILDING ON LOTTO BE RELOCATED Location: List of Parcels: Site Address: Valuation: Applicant Name: LOT 5, BLOCK 1, JANETIS RENTON BLVD TRS 366450-0100 13305 160TH AVE SE KC SO.OO KBS DEVELOPMENT CORP Comments and Conditions 1. Work Subject to Approvcd Ph,ns alld Conditions. Work authorized by this permit is subject to the approved plans and corrections shown thereon and the attached conditions of penn it approval. Failure to comply with all conditions once construction is begun may necessitate an immediate work stoppage until such time as compliance with the stipulated condi~ions is attained. 2. Posting un the job site. This penn it must be posted on the job site at all times in a visible and readily accessible location. 3. Scheduling IIIspcctiolls. Single family residential inspections may be requested at any time by calling (206) 296-6635. Commercial. multifamily. and new construction fire inspections may be requested at any time by calling (206) 296·6615. Inspection requests received by 3:00 pm on a normat workday will be scheduled for the following workday. Building and new construction fire inspectors are available Irom 7:30 am to 8:30 am at (206) 296·6630 on nommt workdays. General building and new construction fire inspection information will be provided at (206) 296-6630 from 7:30 am to 4:30 pm Mon .• Tues .. Thurs .• and Fri., and from 10:00 am to 4:30 pm on Wed. except holidays. 4. Expiration. Please no Ie the expiration date on this penn it located in the upper right comer. A penn it may be extended or renew~d in accordance with the King County Code only if a request to do so is received at least 30 days prior to theexpiration date. 5. Compliance wilh Stale amI Fcdcrallaws and the Endangered Species Act. The applicant is responsible for making a diligent inquiry regarding the need for concurrent state or federal permits to engage in the work requested undor this permit. and to obtain the required permits prior to issuance of this permit. It is understood that the granting of this permit shall not be construed as satistying the requirements of other applicable Federal. State or Local laws or regulations. In addition this pennir does not authorize the violation of regulations. In addition. the granting of this permit does not authorize the violation of the Endangered Species Act as set fonh 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). It is the applicants sale responsibility to determine whether such ··take·· restrictions would be violated by work done pursuant to this permit. and is precluded by Federal Law from undenaking work authorized by this penn it if that work would violate the ··take·· restrictions set fonh at 16 U.S.C. § 1538.50 C_F.R. §17.2I, 50 C.F.R. §17.31. SO C.F.R. §223 and SO C.F.R. §224. 6. Fees due: Enforcement. The King County Code states that fees associated with the review and inspection of projects requiring permit applications are due at the time of application for service, or within finecn days of receipt of an invoice from King County's Depanment of Development and Environmental Services (ODES) stating that currently hourly rates are due. DOES may require a deposit of between twenty to eighty percent of the total COS1 of the review and inspection of a penn it application at the time of application. Failure to pay rees in a timely manner is a civil violation. It is King County·. policy to take enforcement action including. bUI nol limited to. the issuance of a Notice and Order andlor Stop Work Order. when an applicant has violated the King Couniy Code by railing to pay fees when due. By accepling issuance of this permit. the applicant acknowledges thai if he/she fails to pay fees when due, ODES may bring a code enforcement action to recover unpaid fees. tOlt7l2003 Br ]RIoICARD . FORMAL PUT RECORDING FEES PER MARY TRUJILLO, OCTOBER 4TH, 1997· . ($1 PER LOT+$1 PER TRACr)/DIVIDEDBY2 . +$1 PER ACKNOWLEDGMENT . +$1 PER ADDITIONAL OWNERS (ONE OWNER INCLUDED, i.e. HUSBAND & WIFE) +$1 PER LEGAL DESCRIPTION tl@URCIiARGE 4{, 'i -!'! -eo"'"'- $TOTAL $~ MINIMUM RECORDING FEE, 40 LOTS OR LESS ~, 1'1 6 7 (i'53 /"1-Zc>o'"L-.( 31 r 1-,,) . 2} & :5 L I .~ 35 i : , I , L , I, " I' I , , .' .... j.':, • .' ,: -_I' ~.' ,1' • ,' ,t< .. ;,' ,~ . " ·"f. ",'" I" , ""'< .. ;jl ,,;,: .:,'" j',:, occ. ~-' . ", ... ,,,,,;, .• ,.:.,:.,' '';\':', -.":_J '.,.t .•. · """ r::' " n ·~:.:i.~· " \:' " • \,' •. -,' ::.1 ,: 'C' 0". .:1, .J',' ", ' • • ~ f , ',-"! ',,<: : .. ' After Recording rctwn to: Curtis G. Schuster KBS Devel?lment Corporation 12320 NE 8 Street Ste#IOO Bellevue. W A 98005 DOCUMENTTmE REFERENCE NUMBER(S) GRANTOR(S) GRANTEE(S) LEGAL DESCRIPTION: Easement for Encroachment None KBS Development Corporation andlor successors or assigns James Duke, a single man Tract 5, Block I of Janett's Renton Boulevard Tracts, Recorded in Volume 17 at page 60, of Plats, records of King County, Washington ASSESSOR'S PROPERTY TAXPARCEUACCOUNT NUMBER 366450-0100 EASEMENT FOR ENCROACHMENT TIllS EASEMENT is granted on this -:i II. day of ,T4IVC; 2004 by KBS Development Corporation andlor successors or assigns ("KBS") to James Duke and single man. ("Duke") RECITALS A. Duke owns property being benefited by this Easemen~ commonly known as 13404 158"' Ave. SE, Renton. WA 98059 (Tax Parcel # 3664500136). legally described below ("Duke Property") The Nonh %.05 feet of Tract 6, Block I of Janett's Renton Boulevard Tracts, recorded in Volume 17 at Page 60. of plats, records of King County, Washington. EXCEPT the East 300 feet B. KBS owns property burdened by this Easement,located in Renton, Washington (Tax Parcel 366450-01(0). legally described below ("KBS Property") Tract 5, Block I of JanL1"s Renlon Boulevard Tracts. Recorded in Volume 17 at page 60, of Pin's. records of King County. Washington C. Improvements Constructed by the owner'ofthe Duke Property along the common boundary of the Duke and the KBS Property encroach upon the KBS Property. These Encroachment consist of portions of a +-4 foot chain link fence and a Cedar hedge. The paitles agree to establish a perpetual Easement, in favor of the Duke Property. for the placement of the Encroachment upon the KBS Property. Aereement for Easement NOW. TIiERFORE, in consideration of the covenants and agreements herein contained, KBS and Duke hereby agree as follows: I. 2. 3. 4. Declaration of Easement In consideration of the resolution of all potential claims of Duke against KBS related to the COmmon boundary between the properties, and the existence of the Encroachment. KBS hereby grants to Duke exclusive Easement for continued use and maintenance of the existing fence and hedge Encroachment (described in Exhibit " A", and depicted in Anachment "B", the "Easement") Duke shall be entitled to maintain the fence atiI hedge in Ibeir present locations. ......--< SJ ~V' Termination of Easement The Easement described herein shall aI!,l6.lii1ticall~.1t~ t:.:~ without further action by the parties upon Ibe removal of Ibe Ience'Ui'bedge by Duke or his (, successors in interest. If replaced or substantially rebuilt, the fence or Ule hedge must be reb Nh outside the surveyed boundaries of the KBS Property, and the Repair or remodeling of the fence or hedge shall not be made in a manner lhat would cause Ibe fence or hedge to encroach further upon Ibe KBS than Ibe encroachment described in Exhibit "A". and depicted in Anachment "B". In the event lhat Ibe encroachment of the fence or hedge is increased, the Easement shall terminate, and Ibe owner of the KBS Property shall be entitled to remove the Encroachment. Mr. Duke shall be entitled to repair and maintain the existing fence and hedge wilbout termination of the easement Applicable Law This Agreement shall be construed in accordance wilb and all disputes hereunder shall be governed by the law of The State of Washington. The venue of any suit between Ibe parties to Ibis Agreement shall be the King County Superior Coun. Disclaimer of Interest Duke hereby disclaims all right, title and interest in the KBS Property by adverse possession or otherwise, and acknowledges that any use of any portion of the KBS Property by Duke or Duke's guests, whelber or not such use is made pursuant to this Easement . or outside it's scope. is pennissivc and not adverse to the interest ofKBS in the KBS Property. 5. Anomey's Fees and Costs In the event a party takes action to enforce any of the terms of this Easement. the prevailing party shall be awarded it's costs, litigation expenses, and reasonable attomcz.~ fe~. a"':~~ , . (7 S; 11GI\CC1 'TIii!r .M'GA%I'''''',i>e Fi:'EJ "-or<~t:-vb71 Io;t .... ,i/i·4SJ.c'::<Q) DUKE 7&Ii:rM r' 1)1£' IlJ,u' f!?of't:''f.'f};1 "Ni.,/' ~/. :]';..r1'H',t-fu1'i1!,f'. ~ . I.' {~" 0"'\ KBS D~'Clopm.nt Corporation, ,~! IV a Washington CorporaUon ,!Iu;' Jame~1W4(J,J~j "/. '1 J 2 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certilY that I know or have satisfactory evidence that James Puke is the person who appeared before me. acknowledged that he signed this instrument. and acknowledged it to be his free and voluntary act for the ~"",d ilIJ!WSCs mentioned in this instrument. ", G C'" \\, _' ~ ,veL, " _-:'\." , .... ~~Hl. '7/~ I" -IL .... o~'" "!',.. -~ ", ... ~.. V' , -"oJ • '. -;..A I : (); "11.. ". en ~ ~ . ,u Ootr" -..;... {i~ ~ , ~~" ~ '-~: ,,. I' ~. ,".: '\ .,; 1"I\~m' (It :! "" o"'N.~ _--, "' ....... \\~"" ......... STATE OF WASHINGTON ) ) SS COUNTY OF KING ) DATED --,,~JY!'"t0~~=' =1~ __ 2004 ~.~ eJvf;:S 6-: 5cA",dv (Printed Name) Notary Public ? . ,.-- My Appointment Expires 8" ' .5 D· 0) I certifY that I know or have satisfactory evidence that Kolin Tavlor is the person who appeared before me. and said person acknowledged that he was authori1,ed to execute the instrument, and acknowledged it as the President of KBS Development Corporation, a Washington Corporation, to be the free voluntary act of such party for the uses and purposes mentioned in this instnunent. D~ q. 2004 0~ c;;.r iJ &. S;"{.s tv (Printed Name) Notary Public ,-? . My Appointment Expires '{ -3"",' c;> J 3 , EXHIBIT "A" DUKE ENCROACHNmNT EASEMENT DESCRDnnON That portion of the followintl described property: Treet 5. Block I of Janett's Rcnton Boulevard Treets. Recorded in Volwnc 17 at pagc 60, of Plats, records of King County, Washington; Described as follows: Beginning at the Southwest comer of said Tmct 5: thence South 88°42'04" East, along the South line of said Treet S, a distance of 165.7 feet; thence North 44°48'38" West, a distance of2.02 feet to an existing cyclone fence; thence North 88°36'31" West, along said fence, a distaocc of 46.5 I feet; thence North 88°57'49" West, a100g said fence, a distance of36.46 feet; thence North 88°48'01" West, along said fence, a distance of28.31 feet; thence North 89°15'26" West, a100g said fence, a distance of31.69 feet; thence North 89°07'53" West, along said fence, a distance of21.39 feet to the West line of said Tract 5; thence South 00°54'04" East, along said West line, a distance of 0.79 feet to the True Point of Beginning. ~I i! ] ~ ~ :5 co I{.) .... , , " , \ , \ \ ." ;:, -' .... Attachment "B" Duke Encroachnlent Easenlent ~ I)w·' " ~ . . . ~ ~',~, , ~,,:.">.-,.,. .. ' .~" ~·t~ , ".:: , ~ •••• > '. ~a.lltonprDperty ParGel . No. 3664:30 -0 100 i ~. _. T .-, , •• -:~" \ .~,-~. -. '~ " .... , .'. " ~ .......... ,..-- Epc r~dachmeT1 t Easement Ar'e" . "'~'{' i ::i' c¥cll)~e Duke property Parcel . No. 366450-0136 • enC6 " ~ -S;:. ~ <t--r- ~=:. "'" , -t:.. c=; ....s::: 't Building 1 not to scale €~ ·, . ® .,' , King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton. WA 98055-1219 March 30, 2004 Arthur Seidel, ASLA '. Barghausen Consulting Engineers, Inc. 18215 72M Avenue South Kent, WA 98032 RE: Hamilton Place (DDES File No. L02P0011) . Recreation/Landscape Activity No. L04MI015) Dear Mr. Seidel: This is in response to your March 9, 2004 request for approval of the landscape and recreation space plan associated with the plat of Hamilton Place. 1/ 02-0 We have reviewed your March 9, 2004 submittal and with the following conditions, approve it as submitted: 1. The equipment (play structures, benches, picnic table, etc.) shall meet at a minimum, Consumer Product Safety Standards and be appropriately anchored. 2. Walkways to the play areas (play structure, sport court, etc.) shall be constructed of a material and grade that is Americans with Disabilities Act (ADA) accessible. 3. Landscaping located on the south side of the fence shall be relocated intemal to the recreation tract (Tract A). 4. Street trees and drainage control(s) associated with the recreation tract shall be reviewed with the engineering plans. 5. Revisions shall be incorporated into the final engineering plans. The landscaping and recreation space improvements (i.e. play structures) must be installed and inspected or a performance bond posted, prior to plat recording. The amount of the performance bond has been established at $47,711.00. This includes landscaping, equipment, surfacing materials, etc. The bond amount includes a thirty-percent contingency. Note, this approval and bond quantity amount does not include street trees, wetland details/signage or landscaping associated with the drainage facilities. This will be reviewed in conjunction with the engineering plans. \ '\~,:;:' : i, t,:)· \: \ \ " . An inspection fee is also due prior to recording. This fee covers the cost of an installation inspection and a maintenance inspection. The amount of the inspection deposit will be determined by the Land Use Inspection Section (LUIS). If a performance financial guarantee is posted, the improvements must be installed within two year's from the date of recording. At the time of inspection by the Land Use Inspection Section, if the improvements are fully installed per the approved plan, the performance financial guarantee may be reduced. Enclosed is a copy of the approved plans for your records. If you have any questions, please call me at (206) 296-7167. If you have questions regarding the financial guarantee please contact Stacy Graves, Financial Guarantee Management Unit at (206) 296-7009. Questions . regarding the inspection process may be directed to the Land Use I nspeclion Section (206) 296-6642. S:ZI~', . ~.q==", Current Planning Section, LUSD Encs Cc: Curtis Schuster, KBS Development Corporation Pete Dye, P.E .. Senior Engineer, Engineering Review Section, LUSD Joanne Carlson, ASII, Engineering Review Section, LUSD w/encs Steve Townsend, Supervising Engineer, Land Use Inspection Section, LUSD w/encs FGMUw/encs File w/encs / King County ~ept, of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 206/296-6600 PROJECT NAME: DDES PROJECT #: ADDRESS: PREPARED BY: LANDSCAPE BOND QUANTITY FORM Hamilton Place (Tract "A" Recreation Area) L02POOII 160th Avenue S.E./158th Avenue S.E. .:.A~r",th",ur:...;S:::e::.::id:::e::..I __________ PHONE (425) 251-7459 Bonds are based upon required landscaping only and will be posted for performance and/or maintenance. Required landscaping includes perimeter landscaping, surface parking area landscaping. (KCC 21A,16) and any landscaping required by SEPA environmental review. The maintenance period is for the life of the project, h<.>wever, after posting for maintenance. the performance bond will be reduced to 30% ($1,000.00 minimum) and be held for a two year period. Upon fe-inspection of the site the bond will be released if the site has been properly maintained (21A.16.180). If the project has not been maintained and there are dead trees, shrubs, ground cover, or other deficiencies noted in the required landscaping. the bond will be held until the deficiencies are corrected. I I UNIT PRICE 1 UNIT TYPE 1 QUANTITY I PRICE 1 HYDROSEEDING -LAWN AREAS $50.00 MSF (1,000 SQ. FT.) 6 $300.00 SOIL PREPARATION A. TOPSOIL (6 INCHES DEEP) $25.00 CY (CUBIC YARD) 141 $3,525.0C B. MULCH (2 INCHES DEEP) $30.00 CY (CUBIC YARD) 7 $210.00 E. FERTILIZER $6.67 CY (CUBIC YARD) 50 $333.50 PLANT MATERIALS A. DECIDUOUS TREES 1.75" CALIPER (minimum height 10') $250.00 EACH COST & LABOR 3 $750.00 B. EVERGREEN TREES SIX (6) FEET OR ABOVE $150.00 EACH COST & LABOR 7 $1,050.00 C. SHRUBS $35.00 EACH COST & LABOR 69 $2,415.00 0 ll:=, (C; IE II \VI IF Ir lfl MAR 9 2004 IL BOND AMOUNT SUBTOTAL: -SUBTOTAL BOND AMOUNT K.C.O.O£S. $8,583.50 1 1 UNIT PRICE 1 UNIT TYPE I· QUANTITY 1 PRICE I D. GROUND COVER $4.00 EACH COST & LABOR 550 $2,200.00 f5)[E~[E~~[EV' til) MAR. 9 2004 [!dJ July 11.2003 I K.C. O.O.E.S. Page 1 of2 \-'o*M10'~ (t020.007.,I, [AMS/dml MISCELLANEOUS , rmEESTAKES $2.65 EACH PER STAKE & LABOR 10 $26.50 IRRIGATION $0.80 SQUARE FOOT 7,645 $6,116.0C ADDITIONAL ITEMS PLA Y SURFACING $2.80 COST & LABOR 1,273 $3,564.4C SQUARE FOOT r-IMB ER CURB $4.00 LINEAR FOOT 125 $500.00 CONCRETE PAVING $2.50 SQUARE FOOT 960 $2,400.OC BENCH #T5084 $600.00 COST & LABOR 1 $600.OC PICNIC TABLE #S616 $1,170.00 COST & LABOR 1 $1,170.0C EQUIPMENT #100271 $7,000.00 COST & LABOR 1 $7,000.OC EQUIPMENT #8000 $1,500.00 COST & LABOR 3 $4,500.0C S.A.T. SKIN $10.00 COST & LABOR 4 $40.00 $0.00 SUBTOTAL BOND AMOUNT BOND SUBTOTAL: Add 30% of the Bond Subtotal for Contingency in accordance with Financial Guarantee Ordinance 120220, $36,700.40 Section 13. Subtotal with Contingency: $47,710.52 TOTAL BOND AMOUNT TOTAL BOND PRICE: $47,710.52 /' July 11,2003 Page 2 of2 1I020.007.xl'IAMS/dm] TECHNICAL INFORMATION Quest· MQA 100271 Best user age: 2-5 years Space required, including use zone: 19'6" x 22'3" / 594 x 678 em Highest designated play surface: 2'11" / 90 em Total Safety Zone Area: 346.5 ft'/32 m' Footing: In-ground posts. Surface installation also available. Elevated Activities Accessible Elevated Activities Ground·Level Activities 3 Required 3 2 o E'luipmenl must be installed over resilient surfacing appropriate to the safely guidelines in your area. Product development is on ongoing proceH. For this reason we reserve the right 10 make modifications in the form 01 product improvements in olf our products. I I / / I /-------. / , , KOMP.Nf. moments ----...... , , , , I I I I I Binoculars \ \ ,.--6·-0" --£;0_" J 183cm I \ I I I I I I I \ \ , , , MQ Plastic Slide // Manipulative Panel ) r I 10'-3" / 312 em / 122 '-3" /1 678 em / j (// I ~~~~J ;' *2'·11" / ·90cm .-7'-6" ---l 229 em 19'-6" ____ --1 594cm Scale: 1!8"~1' Ground·Level Play Types o K.C. D.D.E.S. • Highest Designated Ploy Surface Information on highest designated ploy surface as well as space required is according to A$TM 1487-01. KOMPAN.com (800) 426·9788 1 -. \'" TECHNICAL INFORMATION Spica 1 Spica 2 Spica 3 GXY 8014 GXY 8015 GXY 8016 Best user age: 5·12 years Installation: 2·3 hours / 1 installer Free height of fall: See drawing Space required: See drawing Footing In·ground steel footing with base plate, prepared for anchoring by means of concrete. Also available for surface installation by means of expansion bolts, ~ )) II 5'·5" \' 166 em 5'-5" 166 em ""I F .,' I ~1 em! ~1' I 31 em I , , , , , I :: 2' :: 6Dem 3' : ~ 92cm :i I ~----~------~, 13'-6" 13'-6" I-1--I 411 em 411 em ~'.6~ ~'-6~ 45 em 45 em ----....... ----/ / "- / "- / "-/ / , I I \ I I \ I I \ I 1 \ 1 ~ 1 l@ 1 1 1 1 \ \ / \ GXY 8015 GXY 8014 \ 143 ftl I \ 143 ftl \ 13.2 m' I \ 13.2 m 2 , "3'-3" I \ '3'-3" "-"lOa em I , 'lOa em "-/ "-/ / ----- • Free height of fall -I , , \ \ \ I / I I I I / 1- / I I I I 1 1 \ \ \ \ \ "- 5'-5" 166 em 31cm i: I 1 :: 2' I :iSOcm3' " 1 -h~ 92 1cm , ' , , ~~"'~, ... ,~~, 13'-6" 411 em J' 6" 1s-c;t ----..... / / "- "- ~ GXY 8016 143 ftl 13.2 m' "3'-3" "-'100 em / , I ·KOMPA~ GALAXY -I \ \ \ \ I / I I I I N 0 0 N ~ "-'" Z if :;; 0 " © / '" Product development is an ongoing process. For this reason we reserve the right to make modifications in the form 01 product improvements in all our products . Information on free height of fall as well as space required are according to ASTM 1487. ~ .~ ~ 0 u I GXY 8014 GXY 8016 GXY 8015 Spica 1 . GXY 8014 Spica 2 . GXY 8015 Spica 3 . GXY 8016 Spica is a uniquely designed, delightful, challenging piece of rotating playground equipment that can be independently placed along a pedestrian street, by a sports center or within a shopping district. It can also be included as part of a group of playground equipment. The three models have different designs and react in different ways to the movement of the child. It is therefore necessary to experiment with its movement and one's center of gravity in order to master Spica's rotations. • • 200 r PLASTISOL COATED FURNITURE CATALOG c 10 Day Qui"k Ship Program Available -See Pages 8-9 -.",'."l y; ,'I , .~ ;J S615 38" AND 46" SQUARE TABLES -INGRND. Options, options and more options ... Our single-pedestal square tables can be ordered in either 38" or 46" square top sizes with two, three or lour seats. But that is not all. The two-and three-seat 46' tables meet ADA requirements. All 46" square tables are avaitable in our QUick Ship program on pages 8-9. .. tnground pedestats must be adequatety anchored. r----S620· 46 l18" ----t t---S619-38310" --1 S620 46" Sq Table -2 Seats' " tnground pedestats must be adequatety anchored . .. Spyder' Series Iramework can be purchased separately lor retrolitting to previousty purchased models S525, S530, F6040, F6045 or S616. _ S618-62118" ~ _ S617·54" S618-463/8"' ~ ~til1· JU/B" I = -et T --S616·361/0" ~l --3615·323' .... --J T ,= - BENCHES Inslead of having Ihe loo~of our diamond or our welded wire paltern, these benches have a slbned design (similar 10 wood sial benches) They have the same heaV'{-duty border as our Designer Series, and Ihe frames are also construeted from the 4" x 4" galvanized tubing. Our 4', 6' and 8' benches are avaiiable in portable, surlace mount or inground leg options. While our 3D' square benches come in eilher surface mount or portable leg opli~ns. All colors on pages 146-147 apply. Modet Description Wgl. Price T5062 4' Bench· Poriable B6lbs. $190.00 T5080 4' Bench ·In~round" 105 Ibs. 198.00 T50B1 4' Bench -SUrface Mount" 901bs. 184.00 T5064 6' Bench -Portable 1081bs. 225.00 T5082 6' Bench -Inground" 1271bs. 236.00 T5083 6' Bench -SUrlace Mount" 1121bs. 219.00 T5066 8' Bench -Portable 1241bs. 244.00 T5084 8' Bench -Inground" 1431bs. 257.00 T5085 8' Bench -SUrlace Mount' 1281bs. 236.00 T5090 30" Square Bench ·Inground" 1031bs. 205.00 T5091 30" Square Bench· Surlace Mounl" 95 los. 198.00 " Surlace mount and ingraUnd legs must be adequately anchored. 4'· 48 l/B" r"o-------s· -723/8" --------10', 8' . 96 318" 11-0 .. 0----::: ~~ ~~:: .. I 8'·5871'd" All measurements in this seGlion are for reference use only and not installation purposes 19" 19318" r ® King County Department of Development and Environ mental 'Services 900 Oakesdale Avenue Southwest Renton, WA 98055·1219 DATE: TO: FM: RE: Addressing Services, Administrative Services Division ATTN: Janise King ~ \~\I F,"i ~,~~ Land Use Services Division . Plat NoL\J;;l?CD \ \ Final No. LOL\t-\SO '"a~ Attached are two sets of prints of the above-referenced plat. We are almost ready to forward this plat for recording. Does your division have any corrections? NO __ _ YES$......- If answer is yes, please make corrections on print. .~.~;~-: .............. m .. m·;;1;·~····7·6··i···· ~r 7 TO: FM: Steve Van Patten, Engineering Review Section Land Use Servi<;xs Division ddressing Services, Administrative Services Division " ""'. \ • Attached is the above final plat prints with the necessary corrections shown in red. To comply with the Washington State Senate Bill 5799, please add to the above short plat prior to recording. "The house address system for this short plat shall be as follows: Addresses shall be assigned for the north south roads within the range Of_...!.N"4/_A--'--____ ~----------- to __ ~N=+I-'-/l_-=-___ and within the range of __ '-I"":7:.....,,::8-'0::......<.1 _____ _ to._-I-).:...~5L-.L?~'l'__...:'l ____ for the east-west roads. Individual addresses will be assigned to the principle entrance of each residence or building in accordance with King County Code 16.08." S:/LUSD/FORMS/LUSD Fonns Staff/Record Plat Request Updated 8·3"()1 ·-" ® King County \ • () Land Use Services Division Permit Fee Estimate Pre-app Estimate Number: L04FROS81 L02POOll Date: 09/23/04 Permit Title: Plat of Hamilton Place Permit Type: Final Plat Estimated Maximum Hours: 67 Applicant: KBS Development Corporation Total Fee:$9,708.30 The following disclaimers are attached and are part of the fee estimate for this permit. The applicant is required to submit a signed copy of this form with the application and fee payment acknowledging that the applicant has read the disclaimers stated below. Disclaimer Applicants are responsible for all fixed fees, reported hours performed in reviewing submittal materials and processing, up to the fee estimate. Changes in the scope of the project review will result in a revised review fee estimate. Fee estimates are based on information submitted to DOES by the applicant prior to finalization of the permit application. In addition, estimates are determined by utilizing historical data gathered from projects of similar type, size, and scope. The fee estimate will be the maximum fee . charged unless the scope of the project changes. Should fewer hours be required to complete the review, then the applicant may receive a refund for those hours. If items are identified that are not originally disclosed or identified later in the process, a new estimate may be required. Applicants will be responsible for any additional hours identified in a new estimate because of: 1) Unknown or undisclosed site or project issues 2) Changes in the project 3) Incomplete information from applicant 4) Errors in applicant information or submittal 5) County code fee changes 6) Unanticipated critical area review or verification 7) More than one major set of red line correction comments and one minor set of redline correction comments Keeping review fees at or below the fee estimate will depend on the applicant's commitment to complete the process review. This commitment should include submitting materials which address all County codes, policies, previously approved conditions, and responding to the County's request for corrections or additional information in a timely manner, not to exceed 90 days. Acknowledged: rint) Date Project Manager.dot 1/26/04 Page 2 King County Department of Development and Environmental Services 900 Oaksda!e Ave SW Renton, Washington 98055·1219 Tuesday, September 28, 2004 Activity Number: L04FR058 Project Number: L02POOII CHARGES Description Project Mngmt Hrs Budget TRS Hourly Fee: Engineering Plan Review SUBTOTAL: • c) FEE RECEIPT Applicant: KBS DEVELOPMENT CORPORATION ATTN: KOLIN B. TAYLOR 12320 NE 8TH ST., SUITE 10098005 BELLEVUE, W A 98005 2062612112 Cbecklog' Check # Payee Date Entered Amount $9,708.30 $253.58 $9,961.88 PAYMENTS . Description Checklog Check # Payee Date Entered Amount Check 7892 KIlS DEVELOPMENT CORPORATION 09/28/2004 (S9,708.30) Check 7874 KBS DEVELOPMENT CORPORATION 09/16/2004 ($362.25) SUBTOTAL: ($10,070.55) CHANGE GIVEN: $0.00 BALANCE DUE: ($108.67) The fees shown above represent current charges as of this date and are an estimate based on the information provided to DOES at the time of application. DOES permit fees were restructured effective March 4th, 1999. Many fees previously assessed a flat fee, now are assessed as hourly charges. Because of this change, and to ensure that our customers secure permits as quickly as pOSSible, permits may be issued prior to all hourly charges being recorded into our billing system. For services that are rendered on an hourly basis, the cost of those services will be based on the actual hours worked. Hourly fees are charged at the rate in effect at the time of service, and will be billed monthly, along with any other outstanding fees. Fees that have been posted prior to permit issuance will be collected at that time. Fees subsequently posted will be billed to the applicant. All fees must be paid in full before DOES issues Final Approval, T.C.O. or C.O. Printed on: Tuesday, September 28, 2004 at 2:33:43 PM Page I of I -. -- DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION KING COUNTY, WASIDNGTON PRELIMINARY REPORT TO THE HEARING EXAMINER March 18, 2003 -PUBLIC HEARING AT 9:30 AM DDES Hearing Room 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 Phone: (206) 296-6600 PROPOSED PLAT OF HAMILTON PLACE FILE NO: L02POOII PROPOSED ORDINANCE NO: 2003-0042 A. SUMMARY OF PROPOSED ACTION: This is a request for a subdivision of 4.32 acres into 23 lots for detached single-family dwellings and tracts for drainage, recreation, and sensitive area(s). The lot sizes range from approximately 4,556·to 6,338 square feet in size. The applicant is also proposing to utilize Transfer of . Development Credits to obtain 6 of the 23 lots proposed. See Attachment 1 for a copy ofthe proposed plat map. B. GENERAL INFORMATION: Owner: Applicant: Engineer: STR: Location: Mary Hamilton 15821 SE 132"d Place Renton W A 98059 Robert Ruddell KBS III, LLC 12505 Bel-Red Road, #212 Bellevue, W A 98005 (206) 623-7000 BP Land Investments, LLC POBox 5206 Kent, WA98064-5206 14-23-4 The site is located between 158 th Avenue Southeast and 160th Avenue Southeast and north of Southeast 134th Street Zoning: R-4 Acreage: 4.32 acres Number of Lots: 23 lots Density: Approximately 5.3 units per acre Lot Size: Ranges from approximately 4,556 to 6,338 square feet Proposed Use: Single-family detached dwellings Sewage Disposal: City of Renton Water Supply: King County Water District #90 Fire District: King County District #25 School District: Issaquah Complete Application Date: July 2,2002 C. HISTORYIBACKGROUNP: . Staffrpt/masters/PLATFMT.Oct 1997 "'" • • C. HISTORYfBACKGROUND: The Subdivision Technical Committee (STC) of King County has conducted an on-site examination of the subject property. The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the compatibility of this project with applicable King County plans, codes, and other official documents regulating this development. D. THRESHOLD DETERMlNATION OF EN\TIRONMENTAL SIGNIFICANCE: Pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC, the responsible official of the LUSD issued a mitigated threshold determination of non-significance (MDNS) for the proposed devel()pment on January 31, 2003. This determination was based on the review of the environmental checklist and other pertinent documents, resulting in the conclusion that the proposal would not cause probable significant adverse impacts on the environment proyjded the following measures are complied with: The base flow control for the stormwater detention system is Level 2 per the. 1998 King County Surface Water Design Manual(K.CSWDM). To mitigate for existing downstream flooding problems, one of the following options is required: I. The stormwater detention system shall be designed to the Level 3 Flow Control criteria as specified in the 1998 KCSWDM. OR 2. The stormwater detention system shall be designed to the Level 2 Flow Control criteria and the following downstream improvements shall be accomplished either individually or in conjunction with other development projects in the area: The 160th Ave. SE downstream conveyance system (from SE 136th ST to approximately SE 142nd St.) shall be upgraded to provide for the 100-year storm capacity. Downstream driveway culverts/ditches and a cross-culvert under I 60th Ave. SE shall be improved as needed. Culverts L-8 and L-10 on the west side of 160th Ave. SE, cross-culvert L-I1, and culverts L-12 and L-14 on the east side of I 60th Ave. SE shalJ be improved. The culvert designations are according to the Levell Downstream Drainage Analysis prepared by Daniel Balmelli, PE dated May 26, 2002 and revised Dec 3, 2002. Bank and channel stabilization are also required in the unopened right- of-way for 162nd Ave. SE, in the vicinity of the easterly line of Lot 12, Rich Lea Crest (address 16046 SE 142nd St.). It is estimated that stabilizing and re-grading approximately 50 to 100 feet east of 16046 SE 142nd St., will be adequate to resolve flooding that has occurred at this location. The culverts and channel described are located from the south site boundary to a distance of approximately 2000 feet to 3200 feet downstream. Note that the above ditch and culvert improvements are intended to duplicate the downstream improvements required for the east subbasin of the proposed plat of Even dell L01POOI6. Agencies, affected Native American tribes and the public were offered the opportunity to comment on or appeal the determination for 21 days. The MDNS was not appealed by any party, including the applicant. E. AGENCIES CONTACTED: I. King County Department of Natural Resources: No response. 2. . King County Parks Department: The comments from this division have been incorporated into this report. 3. King County Fire Protection Engineer: Fire protection engineering preliminary approval has been granted. 4. Issaquab School District: The comments from this district have been incorporated into this report. Staffrpt/mastera!PLATPMT.NOV9,9.doc: ole 11/10/99 ... 2 ... ------------------------------------------------• • 5. King County Water District #90: The comments from this district have been incorporated into this report. 6. Washington State Department of Ecology: No response. 7. Washington State Department ofFish and Wildlife: No response. 8. Washington State Department of Natural Resources: No response . . 9. Washington State Department ofTransportation: No response. 10. METRO: No response. 11. City of Renton: See Attachment 2. F. NATURAL EN\TlRONMENT: 1. Topography: The site is relatively level, gradually sloping from the northeast to the . southwest. . Slopes on the site are generally less than eight percent. 2. Soils: One surfaces soils are found on this site per King County Soil Survey, 1973. A&C -A1derwood gravely, sandy loam; 6-15% slopes. Runoffis slow to medium and the hazard of erosion is moderate. This soil has a moderate limitation for foundations, due to a seasonally high water table and slope. It has a severe limitation for septic tank filter fields due to very slow permeability in the substratum. ·3. Wetland/streams: A wetland report prepared by Chad Armour was submitted by the applicant May 30, 2002. The study idep.tified a wetland approximately 7,640 square feet in size in the southwest corner of the site. It was determined that this is a class 3 wetland, which requires a 25 foot buffer. The applicant has placed the wetland and associated buffer in sensitive area tract (SAT) shown as Tract E. The Senior Ecologist for DDES has review the site and the study and is in agreement with the classification. The site lies within the Lower Cedar River sub-basin of the Cedar River drainage basin . . 4. Vegetation: This site is primarily pasture grasses. Areas wooded with a second and third-growth mixture of coniferous and broad-leafed trees native to the Pacific Northwest and second-story vegetation and groundcover consists of Northwest native species including salal, sword fern, berry vines, and grasses along the perimeter. 5. Wildlife: Small birds and animals undoubtedly inhabit this site; however, their popUlation and species are limited due to nearby development. Larger species may visit this site on occasion. No threatened or endangered species are known to exist on or near the property. 6. Mapped Sensitive Areas: The Sensitive Areas Folio does not identify any mapped sensitive areas as being present on this site. G. NEIGHBORHOOD CHARACTERISTICS: The property lies in a urbanizing area of southeast King County, southeast of the City of Renton. The neighboring parcels surroundirig the site range from approximately one to five acres in size. Adjacent to the north is the developed plat ofWeglin's First Addition (16 lots, approximately 10,500 square feet). The developed plat of Derry hurst is to the east, with lots approximately 10,300 square feet. The proposed plat and rezone of Evendell (DDES File Nos. LOIP0016 & LO I TY 401) is located to the south. The site itself is currently occupied by a house and outbuildings which will be removed with the development of this proposal. Staffrpt/masters!PLATPMT.NOV99.doc clc 11/10/99 -3 - • • H. SUBDMSIQN DESIGN FEATURES: 1. Lot Pattern and Density: The applicant is.proposing to utilize the provisions of King County Code 21A.37 (Transfer of Density CreditslRights) to maximize/increase the number of lots on the site. The applicant has acquired density credits for six additional lots. 2. Internal Circulation: The site will be served by an internal road which connects west to east 158 th Avenue Southeast and 160th Avenue Southeast, which are both neighborhood collectors. 3. Roadway Section: The internal road (Road A) and perimeter (158 th Ave SE and 160th Avenue SE) will be constructed to urban standards in accordance with the 1993 King County Road Standards. 4. Drainage: The site is located in the Orting Hills subbasin of the Lower Cedar River basin. The existing site drainage sheet flows from the northeast to the southwest. The site drainage then leaves the site along the south boundary or enters the ditch along the east side 158th Ave SE. A wetland exists in the southwest comer of the site, shown as Tract E . on the proposed plat map. After leaving the site, the flow path continues south in the east ditch along 158 th Ave SE through a series of individual culverts. The path turns east ina ditch within the unopened R!W for SE 136th ST. Flow continues east to the west ditch along 160th Ave SE, then turns south along the west side of 160 th Ave SE. The flow continues south along the west side of 160th Ave SE to a cross culvert at approximately SE 139 th St. (2,450 ft downstream). The drainage then continues south along the east side of 160th St in a series of ditches and culverts, turning east at approximately SE 142nd St. (2600 ft downstream). Flow continues east through a swale and several culverts to an unnamed tributary to the Cedar Ri~er within the unopened R!W for 16200 Ave SE. Several downstream drainage complaints were evaluated and included in the Levell Downstream Drainage Analysis prepared by Daniel Balmelli P .E.. Mitigation is proposed for these problems by either a higher flow control requirement or downstream . improvements in accordance with the 1998 king County Surface Water Design Manual (KCSWDM). I. TRANSPORTATION PLANS: 1. Transportation Plans: The subject subdivision is not in conflict with King County Transportation plan, nor with the Regional Trails and NonMotorized plans. 2. Subdivision Access: The site will gain access from either 158th Avenue Southeast or 1 60 th Avenue Southeast. 3. Traffic Generation: It is expected that approximately 230 vehicle trips per day will be generated with full development of the proposed subdivision. This calculation includes . service vehicles (i.e., mail delivery, garbage pick-Up, school bus) which may currently serve this neighborhood, as well as work trips, shopping, etc. 4. Adequacy of Arterial Roads: This proposal has been reviewed under the criteria in King County Code 14.70, Transportation Concurrency Management; 14.80, Intersection Standards; and King County Code 14.75; Mitigation Payment System. a; ,Kirig County Code 14.70 -Transportation Concurrency Management The Transportation Certificate ofConcuirency issued in 2002, indicates that transportation improvements or strategies will be in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six (6) years, according to RCW 36.70A.070(6). Staffrpt!masters/PLATFMT .Nov99 .d.oc clc 11/10/99 -4 .. • • b. King County Code 14.80 -Intersection Standards: The traffic generated by this subdivision falls below the threshold requiring mitigation. The existing arterial system will accommodate the increased traffic volume generated by this proposal. c. King County Code 14.75 -MitigationPayment System: King County Code 14.75, Mitigation Payment System (MPS), requires the payment of a traffic impact mitigation fee (MPS fee) and an administration fee for each single family residential lot or unit created. MPS fees are determined by the zone in which the site is located. This site is in Zone 452 per the MPS/Quartersection list. MPS fees may be paid at the time of final plat recording, or deferred until building permits are issued. The amount of the fee will be determined by the applicable fee ordinance at the time the .fee is collected. J. PIJBIJC SERVICES: 1. Schools: This proposal has been reviewed underRCW 58.17.110 and King County Code 21A.28 (School Adequacy). a. School Facilities: The subject subdivision will be served by Briarwood Elementary, Maywood Middle School, and Liberty Senior High Schools, all located within the Issaquah School District. b. School Capacity: The Issaquah School Board has adopted capacity figures which indicate their ability to accommodate additional students. The figures reveal the district has adequate capacity to accommodate the anticipated students generated by this proposal. c. School Impact Fees: King County Code requires that an impact fee per lot be imposed to fund school system improvements to serve new development within . this district. Payment of this fee in a manner consistent with KCC will be a condition of subdivision approval. d. School Access:The District has indicated that the future students from tills subdivision will be walk to the elementary school, middle school and senior high school. Walkway conditions to the consist of gravel/grass shoulders and areas of sidewalks. I 2. . Parks and Recreation Space: KCC 21A.14 requires subdivisions in the UR and R zone classifications to either provide on-site recreation space or pay a fee to the Parks Division' for establishment and maintenance of neighborhood parks. At this time, the applicant is proposing to provide suitable recreation space as shown in Tract A (9,506 square feet). The Subdivision Technical Committee concurs with the applicant's proposal. KCC 2IA.14.190 requires subdivisions to provide tot/children play areas within the recreation space on-site. A detailed improvement plan will be required for review and approval by DDES, prior to engineering plan approval. 3. . Fire Protection: The Certificate of Water Availability from King County Water District #90 indicates that water is presently available to the site in sufficient quantity to satisfy King County Fire Flow Standards. Prior to final recording of the plat, the water service facilities must be reviewed and approved per King County Fire Flow Standards. K. UTILITIES: I. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by City of Renton, . A Certificate of Sewer Availability, dated April 27, 2001 and extension letter dated April 2, 2002, indicates the City's ability to serve the proposed development. . Staffrpt/masters/PLATFMT.Nov99.doc clc 11/10/99 -5 .... • • 2. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed byKing County Water District #90. A Certificate of Water Availability, dated May 24, 2002 indicates this district's capability to serve the proposed development L. COMPREHENSIVE AND COMMUNITY PLAN: 1. Comprehensive Plan: This proposal is governed by the 1994 King County Comprehensive Plan which designates this area as Urban. 2. Community Plans: The subject subdivision is located in the Newcastle Community Planning Area. M. STATlJTESICODES: If approved with the recommended conditions in this report, the proposed development will comply with the requirements of the County and State Platting Codes and Statutes, and the lots in the proposed subdivision will comply with the minimum dimensional requirements of the zone district. N. CONCUJSIONS: The subject subdivision will comply with the goals and objectives of the KiJlg County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County, based on the conditions for final plat approval: . O. RECOMMENDATIONS: It is recommended that the subject subdivision, revised and received October 31,2002, be granted preliminary approval subject to the following conditions offinal approval: 1. Compliance with all platting provisions ofTitle 19A of the King County Code. 2. All persons having an ownership interest.in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Co.uncil Motion No. 5952. 3. The plat shall comply with the base density (and minimum density) requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and EnviromnentalServices . . 4. .The applicant shall provide Transfer of Density Credit documentation to DDES prior to final approval. 5. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). . 6. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. 7. ·A surface water adjustment(L02V0098) is approved for this subdivision. All conditions of approval for this adjustment shall be met upon submittal of the engineering plans. Staffrpt/niasters!PLATFMT.NoV99.doc cle 11/10/99 -6 - (/ I • • 8. The 100-year floodplain for any onsite wetlands or streams shall be shown on the engineering plans and the final recorded plat per the 1998 King County Surface Water Design Manua1(KCSWOM). 9. The following road improvements are required to be constructed according to the 1993 King County Road Standards(KCRS): a. Road A shall be improved to .the urban subaccess street standard. b. FRONTAGES: The frontages along both 158 th Ave SE and along 160th Ave SE shall be improved to the urban neighborhood collector standard. c. Tract D shall be improved to the private access tract standard per Section 2.09 of the KCRS. Tract C shall be improved as a joint use driveway. . d. Modifications to the above road conditions may be considered according to the variance procedures in Section 1.08 of the KCRS. e. Lots 14-16 shall have undivided ownership of Tract D and be responsible for its maintenance. Lots 22-23 shall have undivided ownership of Tract C and be responsible for its maintenance. A note to this effect shall be placed on the engineering plans and final plat. 10. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. '. 11. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the · time of plat application and a note shall be placed on the face of the plat that reads," All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 12. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be · assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to builwng permit issuance. 13. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Permanent survey marking, and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 14. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed · by the applicant. Wetlands a. Class 3 wetJand(s) shall have a minimum buffer of25 feet, measured from the wetland edge. b. The wetJand(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). Staffrpt/mastera/PLATPMT .NoviS .doc ole 11/10/99 -7 - • • c. Buffer averaging may be proposed, pursuant to KCC 21A.24.320,-provided the total amount of the buffer area is not reduced and better resource protection is achieved; subject to review and approval by a DDES Senior Ecologist. . d. A minimum building setback line of 15 feet shall be required from the edge of the tract. Alterations to Streams or Wetlands a. Ifalterations of streams and/or wetlands are approved in conformance with KCC 21A.24, then a detailed plan to mitigate' for impacts from that alteration will be required to be reviewed and approved along with the plat engineering plans. A performance bond or other financial guarantee will be required 'at the time of plan approval, to guarantee that the mitigation measures are installed according to the plan. Once the mitigation work is completed to a DDES Senior Ecologist's satisfaction, the performance bond may be replaced by a maintenance bond for the remainder of the five-year monitoring period to guarantee the success Of the mitigation. The applicant shall be responsible for the installation, maintenance and monitoring of any approved mitigation. The mitigation plan must be installed prior to final inspection of the plat. 15. The following note shall be shown on' the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive. area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. Thisinterest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on . behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required IS-foot building setback line, unless otherwise provided by law. 16. Suitable recreation space shall be provided consistent with the requirements ofKCC 21A.14.180 and KCC 21A.14.190(Le., sport court [s], children's play equipment, picnic table [s], benches, etc.). a. A detailed recreation space plan (Le., landscape specs, equipment specs, etc.), shall be submitted for review and approval byDDES and King County Parks prior to or concurrent with the submittal of the final plat documents. Applicant shall provide a minimum of9,500 square feet as shown on the preliminary plat map. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Staffrpt/maetere!PLATFMT.NOV99.doc cle 11/10/99 -8 - • • 17. A homeowners' association or other workable organization shall be established to the satisfaction ofDDBS which provides for the ownership and continued maintenance of the' recreation, open space and/or sensitive area tract(s). 18. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): a. ' Trees shall be planted at a rate of one tree for every 40 feet offrontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet froin the street , right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by DDBS iflocated within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit- bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDBS prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if 158 th Ave. SE and/or 160th Ave. SE is on a bus route. If either road is a bus route, the s~eet tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDBS has completed a second inspection and determined that the trees have been kept healthy and thriving. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. 19. ,The following have been established by SEP A as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. The base flow control for the stormwater detention system is Level 2 per the 1998 King County Surface Water Design Manual(KCSWDM). To mitigate for existing downstream flooding problems, one of the following options is required: a. The storrnwater detention system shall be designed to the Level 3 Flow Control criteria as specified in the 1998 KCSWDM. Sta:trpt/ma8t.r8/PLAT~.NOV9~.doc· clc 11/lO/i9 -9- r~~---. • OR b. The stormwater detention system shall be designed to the Level 2 Flow Control criteria and the following downstream improvements shall be accomplished either individually or in conjunction with other development projects in the area: The 160th Ave. SE downstream conveyance system (from SE 136th ST to approximately SE 142nd St.) shall be upgraded to provide for the 100-year storm capacity. Downstream driveway culverts/ditches and a: cross-culvert under 160th Ave. SE shall be improved as needed. Culverts L-8 and L-1 0 on the west side of 160 th Ave. SE, cross-culvert L-I1, and culverts L-12 and L-14 on the east side of 160 th Ave. SE shall be improved. The culvert designations are according to the Levell Downstream Drainage Analysis prepared by Daniel Balmelli, PE dated May 26, 2002 and revised Dec 3, 2002. Bank and channel stabilization are also required in the unopened right-of-way for 162 00 Ave. SE, in the vicinity of the easterly line of Lot 12, Rich Lea Crest (address 16046 SE 142nd St.). It is estitnated that stabilizing and re- grading approximately 50 to 100 feet east of 16046 SE 142 0d St., will be adequate to resolve flooding that has occurred at this location. The culverts and channel described are located from the south site boundary to a distance of approximately 2000 feet to 3200 feet downstream. Note that the above ditch and culvert improvements are intended to duplicate the downstream improvements required for the east subbasin of the proposed plat of Even dell L01P0016. OTHER CONSIDERATIONS: I. The subdivision shall conform to KCC 16.82 relating to grading on private property. 2. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division. 3. Preliminary approval-of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may include, but is not limited to the following: a. Forest Practice Permit from the Washington State Dept. of Natural Resources. b. National Pollutant Discharge Elimination System (NPDES) Permit from WSDOE. c. Water Quality Modification Permit from WSDOE. d. Water Quality Certification (401) Permit from U.S. Army Corps of Engineers TRANSMITTED TO PARTIES LISTED HEREAFTER: Hearing Examiner's Office Steven C. Townsend, P.E., Supervising Engineer, Land Use Inspection Section, LUSD Greg Borba, Supervisor, Current Planning Section, Land Use Services Division Kim Claussen, Planner III, Current Planning Section, Land Use Services Division Bruce Whittaker, Senior Engineer, Engineering Review Section, Land Use Services Division Laura Casey, Senior Ecologist, Site Development Section, Land Use Services Division Kris Langley, Senior Engineer, Traffic & Engineering, KCDOT Hamilton, Mary 15821 SE 132D ' Place, Renton WA 98059 KBS III, LLC 12505 Bel-Red Road #212 Bellevue WA 9005 Centre Point Surveying 33639 9th Ave. S., Federal Way WA 98003 BP Land Investments PO Box 5206, Kent W A 98064 Fiksdal, Steve, John L. Scott Real Estate . 3380 146'" PI. SE #450, Bellevue WA 98007 Hilton, Edward & Nancy 13414 158 th Ave. SE, Renton WA 98059 Horner, Randy 13404 I 60 th Ave. SE, Renton WA 98059 Jaques, Fred & Helga . 13114 158th Ave. SE, Renton WA 98059 Johnson, Bill & Cathy Staffrpt/masters/PLATFMT .Nov99. doe cle 11/10/99 -10 - (/1 I • 15902 SE I 34th PI., Renton W A 98059 Kapioski, Walter 13231 I 60 th Ave. SE, Renton WA 98059 Nolt, Florence 15915 SE 134th Place, Renton WA 98059 Sackett, Mary 15841 SE 1320d PI., Renton WA 98059 Snyder, Sandra 1915 S. 375 th St., Federal Way WA 98003 Taylor, Jeff & Julie 13128 158th Ave. SE, Renton WA 98059 Zimmennan, Gregg -City of Renton lOSS S. Grady Way, Renton, WA 9805? Staffrpt/masters/PLATPMT.Nov9liLdoc cle 1l/lO/SJ9 ... 11 ... • ~----------------------------------------------- . Planning/BirildingtPublicWor~ Dep~ertt·· •. r . · .• .:11:. Jesse Tanner, Mayor 'al , , ~ Gregg Zimmerman P.E;, Administrator .• • . , . August 6; 2002 . Department of Development and Environmental Services . 'Land Use Services Division· · " . 900 OakeSdale Ave. Southwest •. Renton,WA 98055-1219, ' • '.' • attn: Kim Cl~uSsert . SUBJECT:' CITY OF RENTON COMMENTS, LOlPOOll-HAMILTON PLACE , Dear Ms. Claussen: Thank you for providing the City of Renton the opportunity of reviewing and commenting upon . '~~~'. .' · .' .... The City ofR~ntonhas issued sewer ~vailabilitY foi-this proj~ct.There~e no other utility . . . ' , . impactsonRenton~,' . ":'" '. ,.. .' . The Transportatibri Systems Division~tatesthat the proposed developmentiswitIii~ Renton's potentilii annexation area, lind we ,therefore request that street improvements for the intenial stre.et' , . (Road A) and off site frontage improvements along the portion of the development abutting 158th . Avenue SEand J60th Ave. SE be installed in accordance with City of Renton Standards, Sincerely, , ·.tJ4er17(~ · . Gregg Zimmerman, AciIninistrator .. " 'PlanninglBuildinglPublic Works Dept. ".' . ,., co: ". iys IIOlnsby 'Sandra Meyer Neil WattS Jennifer H~nning MAIN FilE COpy,' . ,-," ',:.', ~ .. ,....----IJ)QJo·""""'lIDm"".pJ2:t2\"".QlLr-I...;.OS...;.S-S~o...;.uth-G-ra-d~y-W-a-y--R-e-n-to-n-. w-'--aS-h'-in"';'gt":'on~9-80":'S-'-S~-'----'--'--',:",'~·, i~ E NT~ .' .," " $ This pape~ contaln8'~O% recycled matorial, 30% post cOnsumer" . AHJ!I,AD OP THB CURVB ' ATTACHMENT_2,,"=-_ I C,-I PAGE -""'PA.,.!-G"""E""'- ;~1~::1~lt;.:: J .-: .:~ .' .. ' .,..;:-'~:':'" -j- LOT 7 @ ~ ~k:; ,', . '~., ',. '"; 2 ., . -- ('j;. @J . '~-"- @ • ':.- ~J;:1( PAR. 2 @> ~ r .. a L _ LOT 6 @ LOT 5 @ 3 (.OT .f @ LOT .J @ I I I I I ~--:::o.;--::--=.:::_-=-~ - - - -"'=-~7---t-,,,:~~':,~";;~,~~;l;';~:'~ ----------1...: 21 19 L ~ l! 23 16 @ @ @ @D 1-- Z w :2 I () ~ .... at l.,-o '.':.' w (9 rt w ~ ~. ',',,-,-," ,~,---;--~-. . . .. ' ® King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton. WA 98055-1219 January 9,2003 Curtis Schuster KBSm,LLC 12S0S Bel-Red Road, #212 Bellevue, W A 9800S Daniel K. Balmelli, P.E. . Barghausen Consulting Engineers, Inc. 1821S _nnd Avenue South Kent, W A 98032 RE: Hamilton Place Subdivision KCSWDM Adjustment Request (File No. L02V0098) Dear Applicant and Engineer: The Land Use Services Division, Engineering Review Section, has completed review of the adjustment request for the Hamilton Place subdivision. You are requesting approval for an adjustment from the 1998 King County Surface Water Design Manual (KCSWDM) Core Requirement No. I, Section 1.2.1, Discharge at the Natural Location. Our review of the information and a site visit provides the following findings: 1. The proposed Hamilton Place subdivision is located between IS8 th and I 60th Avenues SE at SE 133rd Street. The 23 lot, 43 acre, proposed Hamilton Place subdivision is filed under Land Use Services Division (LUSD) file number L02POOIL 2. The Hamilton Place subdivision is located in the Orting Hills subbasin of the Lower Cedar River basin. The site is subject to the Level Two flow control and Basic water quality requirements of the 1998 KCSWDM. 3. The rectangular site slopes gently from the northeast to the southwest. Existing sheetflow either migrates to the ditch on the east side of IS8 th Avenue SE or crosses the south property line onto the adjacent parceL Sheetflow that crosses onto the adjacent parcel to the south eventually reaches the ditch on the east side of IS8 th Avenue SE and recombines with the rest of the site's flow. The adjacent off-site area to the north, south of SE 132 nd Place, supplies upstream tributary flow to the site. 4. The proposal is to collect most runoff from the project site and direct it to a single detention and water quality facility located near the southwest corner ofthe site. The , allowed release would then be dispersed into the adjacent wetland area that drains to the ditch on the east side of IS8 th Avenue SE. Nuisance sheetflow across the southern property line onto the adjacent parcel would be significantly reduced. A slight increase in flow will be experienced in approximately SOO feet of the ditch on the east 01 ,---. Hamilton PlaceIL02VO.: ) January 9, 2003 Page 2 00 , • • j , . side of 158 th Avenue SE immediately downstream from the southwest property cormer. The conceptual drainage plan indicates that frontage improvements on I 60th Avenue SE are included. 5. No decorative ponds or shallow wells have been identified that would be affected by the proposed diversion. 6. The Level One Drainage Analysis identified some conveyance restrictions and drainage complaints associated with the natural discharge location. This downstream conveyance path is shared by the Evendell Plat (LOIPOOI6) which was conditioned through SEP A to provide downstream drainage path improvements. Through future plat or SEPA conditions, it is anticipated that Hamilton Place will be contributing to downstream conveyance improvements or providing for Level Three flow control as mitigation. 7. A consolidation of facilities for the proposed subdivision will be more economical in long term maintenance. Based on these findings, we hereby approve this adjustment to allow the diversion of runoff to a single facility draining to the east side of 158 th Avenue SE with the following conditions: 1. The release rates for the detention facility will be based on the tributary area being directed to the facility. .. 2 .. The volume for the detention facility will be based on all flows directed to the facility at full development under current zoning. The allowed release rate will be reduced by any undetained flows that would bypass the proposed subdivision drainage facilities. The detention volume shall be sized using the Level Two flow control standard in the 1998 KCSWDM unless modified by plat or SEP A conditions. A 10 to 20 percent volumetric factor of safety must be applied to all storm events requiring detention. The design Technical Information Report shall state the factor of safety selected and the basis of that determination. 3. Water quality facilities must be sized based on the entire proposed subdivision draining to the facilities including any required frontage improvements. 4. All onsite or offsite drainage facilities must be located in a public right-of-way or storm drainage tract dedicated to King County. 5. Additional storm drainage requirements identified by SEP A or the plat hearing review will apply to this project. If you have any further questions regarding this KCSWDM adjustment or the design requirements, please contact Mark Bergam at (206) 296-7270. . Hamilton Piace/L02VO January 9,2003 Page 3 of3 Sincerely, /' •. \ James Sanders, P.E. Development Engineer Engineering Review Section Land Use Services Division ..... ", .! Jim Chan, P.E. Supervising Engineer Site Engineering and Planning Section Building Services Division cc: Curt Crawford, P.E., Managing Engineer, Storrnwater Services Section, KCDNR Randall Parsons, P.E., Senior Engineer, Engineering Review Section, LUSD Bruce Whittaker, Senior Engineer, Engineering Review Section, LUSD Kim Claussen, Planner III, Current Planning Section, LUSD Mark Bergam, P.E., Senior Engineer, Engineering Review Section, LUSD i ~------------------------- , ' Project Name: 98005 INSTRUCTlONS TO APPUCANTIDESlGN ENGINEER: DOES EnginerlPlanner Name: Seuc£ Wf/lTAJ(p"12 J(im CifJi/SS r;;:.,J City, State, ZIp: Please be SIn 10 include aD plans, ske1ches, photos. and maps v.tlIch may assist In ccmplele nMew and consideration of this a4usbnent request. Failln 10 provide au pertinent information may resutt in delayed processing or denial of yoir ~esl Please submH this request and all applicable lee 10 the Intake Counter at DOES, 900 Oakesdale Avenue Southwest, Renton, WA 98055-1219. For adcitionat information, phone~. " DESCRIPTION OF ADJUSTMENT REQUEST: .® Standard 0 Complex 0 El<perimenlal 0 Blanket 0 f're.appllcatlon DltJP1?5iON 0 F f-U?t-J FOi?-()15C:Hf-Ik:rot fJr/ N,o/!7J!2fJt tX--ft7701V' API'llCABlE SECllON(S) OF STANDARDS: 5p(.>r;OtV 1,2.i JUSllACAllON (see attachments. pages __ Io---.J: .5 Sf; /tffACHbO i ~/ ft·/-J7JS f( I77Jfrt yS/.5 -". AUTHORIZATION SIGNA lURES: DOES DirectorlDeslgnee Determination: o Approval' . ,A1co o Denial o DNR·WlR Approval Signed: Dale: /-9-0 , (El<POnmenlal & Blankela~uslmenls only) See allachecl memo'dated: Dale: L\ Signed: Dale: I. 9'. () 3 ORIGINAL: DOES File-W!Jill1 { J COPIES m DNR·W/.R D_1i[ J 'S Inspeclir»Canaty {J AppJk:anI-GcIde {J Desigt>-Enginee-Gteen { J inB03 (rw, ~7) Mr. Randal Parsons King County Department of Development and Environmental Services 900 Oaksdalc Ave. SW Renton, WA 98055-1219 October 22, 2002 Re: Request for Adjustment from the King County Surfuce Water Design Manual Section 1.2.1 for Proposed Hamihon Place Subdivision LUSD File No. L02POO II Dear Randal, -------------- KBS Ill, LLC is currently processing a Preliminary Plat Application for a new 23-lot subdivision located between 158'" Avenue Southeast and 160'" Avenue Southeast in King County, Washington. A Level I downstream drainage analysis was prepared for the project and reviewed by King County staff. A plat screening letter was received on July 15, 2002, requesting a drainage adjustment from Core Requirement No. I of the 1998 KCSWDM due to the presence of two existing on-site subbasins which will be combined into one drainage facility as part of the proposed development. After reviewing this information, the existing topographic survey and the downstream drainage area map, it is apparent that although all of the surface water runoff from the project site drains in a northeast to southwest direction into a single downstream drainage basin, a portion of the site's runoff drains across property just south of the project site eventually combining into the downstream drainage system several hundred feet south of the project in the existing condition. Under the developed condition, this surfuce water runoff will be collected and discharged to the storm fucility located in the southwest comer of the site, thereby, diverting flows from discharging across the property just south of the property. As requested in the July 15, 2002, plat screening letter, we are requesting an adjustment from Section 1.2.1 of the 1998 King County Surfuce Water Design Manual which states "A proposed project that proposes to construct or modifY existing drainage facilities must be discharged at the natural location so as to not divert onto or away from the adjacent downstream properties." Section 1.4.2 under criteria for granting adjustments states "Adjustments to the reqUirements in this manual may be granted prOVided that granting the adjustment will achieve the following: . . .~, , :'~.i-~'> Mr. R.andaI Parsons King County Department of Development and Enviromnental Services -2- •;-'; \ ! October 22, 2002 a. Produce a compensating or comparable result that is in the public interest, and b. Meet the objectives of safoty, jUnction, appearance, and environmental protectton and maintainability based on sound engineering judgment. Based on the results of the Level I Downstream Drainage Analysis, we believe that our request for an adjustment to Section 1.2.1 of the drainage manual can be justified. To assist you in processing this drainage adjustment application, the following plans and dOCUll1entation are enclosed for your review: 1. One completed Surface Water Design Manual Requirement/Standards Adjustment Request Fonn 2. Two copies of the Level I Downstream Drainage Analysis completed for the project. 3. Two copies of the Conceptual Stonn and Utility Plan Prepared for the project showing existing site contours and the proposed stonnwater system. 4. Two copies of a portion of the upstream!dpwnstream drainage basin map showing the area to be diverted. 5. Two copies of the adjacent lot ownership map showing the site location and surrounding properties. 6. One check for the current fee for the drainage adjustment request. The topography of the existing site is such that surface water runoff generally drains across the site in a northeast to southwest direction by sheetfiow ultimately discharging into a roadside ditch along the east site of I 58 th Avenue Southeast. A portion of the site (approximately 1.8 acres) sheetfiows across adjacent property to the south prior to discharging into the existing roadside ditch along 158 th Avenue Southeast. Under the proposed development plan, all stonnwater runoff from the project site will be collected and conveyed to a wet/detention pond located at the southwest comer of the site, across a smaIl wetland and then into the existing roadside ditch along 158th Avenue Southeast at the southwest comer of the site. Under the developed condition, the portion of the site which sheetfiows across the southerly property and into the existing roadside ditch, will be diverted and discharged into the 158 th Avenue Southeast ditch at the southwest comer of the site. Although all surface water runoff from the proposed project will ultimately discharge to the same downstream drainage channel, a drainage adjustment is required since stonnwater runoff from the developed project will not discharge into the channel at the same location as it does in the undeveloped condition . . _----------------------------- ----------------------------_._------ ------------------------- Mr. Randal Parsons King County Department of Development and Environmental Services -3- Our justification for the requested adjustment is as follows: October 22, 2002 a. The proposed adjustment produces a compensatory or comparable result that is in the public interest because of the following: I. The proposed adjustment will not result in an increase of drainage flows to the downstream drainage system by diverting the developed flows further to the west within the existing roadside ditch. The same amount of tributary area and stonnwater flow will discharge into the existing roadside ditch under the proposed developed condition as it does under existing conditions. The only difference will be that the +/, 1.8 acres of the site's existing drainage which currently sheetflows across property to the south prior to discharging into the roadside ditch will now enter the existing ditch approximately 300 to 700 feet upstream within the ditch system. 2. The proposal will not increase the peak runoff rate of discharge from the overall project site since all drainage flows from the project will be collected and conveyed to the proposed drainage fucility within the same drainage basin which will be designed to provide level II detention prior to discharging off site into the downstream system. 3. The level I downstream drainage analysis attached with this submittal includes a complete description of the upstream and downstream drainage syStems for the project. The UpstrearnlDownstream Drainage Map included in the submittal shows the area of the project site that will be diverted from the easterly subbasin of the site to the westerly subbasin for detention and treatment prior to discharging into the existing roadside ditch along 158'" Avenue Southeast. b. The proposed adjustment meets the objectives of safety, function, appearance, and environmental protection and maintainability based on sound engineering judgment because of the following: The proposed storm drainage detention and water quality treatment system will be designed in accordance with the 1998 King County Surface Water Design Manual for level II flow control and water quality treatment prior to discharging to the downstream drainage system. Since all stormwater runoff froin the property will be collected and conveyed to the stormwater detention and water quality treatment fucility prior to discharging off site and no increase in drainage flows wili occur to the downstream drainage system, no significant impacts to the downstream drainage system will be created as a result of the proposed adjustment. ,. ee) Mr. Randal Parsons King County -4-October 22, 2002 Department of Development and Enviromnental Services 2. The granting of the proposed adjustment by King County would not alter the appearance and maintainability of the proposed drainage system. The portion of the existing site which currently sheetflows across the southerly propertY, ultimately drains to the same downstream drainage system as the remainder of the site and to the same downstream drainage system under the developed , condition. Collecting this portion of runoff and routing it to the southwesterly portion of the site into the proposed stonnwater fucility will eliminate the need for a separate detention water quality treatment system for the easterly portion of the site. Discharge of stonnwater flows from the proposed drainage facility will ultimately discharge to the southwest corner of the site into the existing roadside ditch along 15S lh Avenue Southeast and continue in a southerly direction similar to existing conditions without creating any increased impacts to the downstream system. Please proceed to review this Drainage Adjustment Request. Thank you for your consideration. Daniel K. Balmelli. P .E. DKB/cb enc: As noted 00: . Curtis Schuster, KBS ill, LLC c '0 .,,-'\ " .. , -----__ 0 _ \ , ---] '.\t.---1----, , _ .• ~ I -p-",~~--- o ";" o \+,. ~ ® King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 September 23, 2004 Kolin B. Taylor • KBS Develorment Corporation 12320 NE 8' Street, Suite 100 Bellevue, W A 98005 RE: Permit Fee Estimate Project: Final Plat of Hamilton Place File No. L04FR0581 L02POOIl Dear Mr. Taylor: --------------- • Beginning January 2, 2004, our office implemented a new program for managing certain types of permit applications to provide customers with an enhanced level of customer service. The Project Manager Program seeks to provide customers with increased predictability for the permit process and better accountability from County review staff. For permit applications using the Project Manager Program, a project manager is assigned to the permit to facilitate communication with the applicant and provide a fee estimate to cover the anticipated scope of review. The project manager will also monitor and manage the permit application throughout the review process to ensure that review schedules remain in line with performance standards and the overall work hours are within the range of estimated fees for the project. Your application was received by our office on September 9,2004. The enclosed.information provides a summary of the fee estimate for the anticipated work disciplines and also discusses the submittal process and disclaimers which may affect the final permit fees. Once the attached estimated fee form is signed and submitted to our Department with a complete permit application, including payment ofthe estimated fee, your project will be assigned for further review. If you have any questions regarding the permit fees or other aspects of the review process, please contact Ray Florent via email ray.florent@metrokc.gov or by telephone at 206-296-6790. Sincerely, ~!PLS' Project Manager Land Use Services Division Enclosure -® King County • • Land Use Services Division Permit Fee Estimate Pre-app Estimate Number: L04FR058/ L02POOll Date:09/23/04 Permit Title: Plat of Hamilton Place Permit Type: Final Plat Based on permit information submitted by the applicant, the Department of Development and Environmental Services (DOES) has determined the amount of review fees for the subject application. The fees shown below do not include ancillary permit fees, recording fees, project-related mitigation fees, or other fees that are passed through to the applicant from other agencies or as part of the project's environmental review. Fixed Fees: Counter Service Fee for Application Intake Base Review (first 4 hours) Fire Flow and Access Other Fixed Fees Estimate for Hourly Fees: (67 Hours x $144.90) Total Fixed Fees: Total Permit Fee Estimate: o o 9,708.30 $9,708.30 Note: The estimate for hourly fees stated above is based on the total estimated number of hours not to exceed 67 hours for the disciplines listed below, and is calculated using the department's hourly rate in effect at the time the work is performed. Based upon the financial disclosures found on page 2, the number of hours required may be modified. The total estimated hours reflect work performed by the following disciplines: Land Surveying Technical Review, Project Management, and Addressing. After receiving the fee estimate from DOES, the applicant has ninety (90) days to complete the application submittal. Please call 206-296-6797 to set up an appointment with the Permit Center to complete your application and payment. If the application is not received within ninety (90) days, the applicant may be required to obtain a new fee estimate or this activity may be cancelled. For further questions on this fee estimate or for other requirements about this permit application, please contact Ray Florent via email ray.florent@metrokc.gov or by telephone at 206-296-6790. ~~~ Raymond E. Florent, PLS, Project Manager Land Use Services Division Project Manager.dot 1/26/04 Page I -------------------------------------------------- .~ • ® King County . • Land Use Services Division Permit Fee Estimate Pre-app Estimate Number: L04FR0581 L02POOll Date: 09/23/04 Permit Title: Plat of Hamilton Place Permit Type: Final Plat Estimated Maximum Honrs: 67 Applicant: KBS Development Corporation· Total Fee:$9,708.30 The following disclaimers are attached and are part of the fee estimate for this permit. The applicant is required to submit a signed copy of this form with the application and fee payment acknowledging that the applicant has read the disclaimers stated below. Disclaimer Applicants are responsible for all fixed fees, reported hours performed in reviewing submittal materials and processing, up to the fee estimate. Changes in the scope of the project review will result in a revised review fee estimate. Fee estimates are based on information submitted to DDES by the applicant prior to finalization of the permit application. In addition, estimates are determined by utilizing historical data gathered from projects of similar type, size, and scope. The fee estimate will be the maximum fee . charged unless the scope of the project changes. Should fewer hours be required to complete the review, then the applicant may receive a refund for those hours. If items are identified that are not originally disclosed or identified later in the process, a new estimate may be required. Applicants will be responsible for any additional hours identified in a new estimate because of: I) Unknown or undisclosed site or project issues 2) Changes in the project 3) Incomplete information from applicant 4) Errors in applicant information or submittal 5) County code fee changes 6) Unanticipated critical area review or verification 7) More than one major set of red line correction comments and one minor set of redline correction comments Keeping review fees at or below the fee estimate will depend on the applicant's commitment to complete the process review. This commitment should include submitting materials which address all County codes, policies, previously approved conditions, and responding to the County's request for corrections or additional information in a timely manner, not to exceed 90 days. Acknowledged: Applicant/Owner Name (print) Date Applicant/Owner Name (signature) Project Manager.dot 1/26/04 Page 2 -----------------------------• • @) King County Land Use Services Division Enigneering Review Section Project Management Fee Estimating Worksheet Permit Type: Final;'Piaf Re'yi'ew',:;',!:' '- PermiUPreApp No: L04FR058 A. Counter Service Intake 27.06.030 Intake Group 2 B. Right-ol-wayapplication 27.10.120 C. Fire Flow and Access 27.10.040 Type 01 Permit Not Applicable D. Boundary line adjustment 27.10.220 Inc!. 1 st 4 hours of review E. Forestryrrree Retention 27.10.090 ; O';O'(j; Acres F. Work Without a Permit 27.02.140 Current Hourly Rate: $ 144.90 Permit Type: FINAL Subtype: FINAL-P Prepared For:;Ha'milton'iPlace'~':'L02P0011,,;· -', "':(" "t- 205.28 434.70 579.60 Budget Hours $ ETEK (:";:':"'1 Hrs. DENG -I. -'-. Hrs. LENG~Hrs. Prepared: 09123104 :,' ; Total ER hours---O I Final SurveX Review: !.E.R) iii. SftllUlOi§iOIr -IIffiirmtew. 21'Uf.2GO Boundary line adjustment 27.10.220 $ 144.90 .BCHE ' $ 144.90 'JSAN· . ,,, ' Ie Hrs. Hrs. iHrs. $ 8,694.00 ",S:;V",A:.:.N--",,-,,--,, PM Estimate: r-'-:,~t.~-4; Hrs. TR Estimate: i ,"0' Hrs. " '~-'-.~ PR Estimate: :',1' '.':' :: Hrs. D. Nonresidential review $724.50 Critical Area Estimate after 5 hours: ~ Hrs M. Exceptions and Variances 27.10.140 Estimate: _' __ " Hrs. N. Other (Shorelines) 27.10.140 PR Estimate: ~ Hrs. , ' -• '! ••• -" Enter Fixe Plan review fee on Permit+: ,-;"~_I;'_" ~'",' 'j AD Estimate: J:",::~': '~"I~t Hrs. $ .",','" !." " " ,"j $ 144.90 I""JK",IN",' '_"-,--",,---, Total Fixed Fees: estimated Review Hours Above Base Hours: 67 Hourly Fee: $ 9,708.30 Total Estimated Review Hours: 67 Total Fee Estimate: $ 9,70B.30 ·.- Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • ~TUeSday, November 23, 2004 11:43:33 AM RECEI.O NDV 3 0 2004 KING COWrY LAND USE SERVICES ~ NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: ROAD Point Number Bearing Description Distance 398 lot 1 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 391 lot 1 S88°36'28"E 536.58 392 lot 11 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 393 lot 11 SOlo19'43"E 92.10 396 lot 12 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 389 lot 12 N8So36'28 11 W 537.26 390 tract a Center Point: Sta Northing Easting Elevation 0+00.00 6276.71234 5690.69152 0.00 397 6277.10551 5715.68843 25.00 , 87°42'24 11 Left 38.27 , S44°45'16"E 34.64 , 6.97 , 9.67 229°10'59" Arc Definition 24.02 6252.69646 5691.06926 0+38.27 6252.11341 5715.08050 0.00 5+74.84 6239.07641 6251. 50210 0.00 394 6264.06903 6252.10951 25.00 , 92°43'15" Left 40.46 , N45°01'54"E 36.18 , 7.75 11. 23 229°10'59" Arc Definition 26.22 , 6238.43920 6277.70692 6+15.30 6264.64539 6277.09936 0.00 7+07.41 6172.57015 6279.23484 0.00 395 6171.99049 6254.24156 25.00 87°16'45" Left 38.08 , N44°58'06"W 34.51 6.91 , 9.54 , 229°10'59" Arc Definition 23.84 , 6196.40311 6278.68195 7+45.49 6196.98589 6254.84607 0.00 , 12+82.75 6210.03941 5717.74468 0.00 387 6185.04679 5717.13726 ~ Radius: 25.00 Delta: 92°17'36" Left Arc Length: 40.27 Chord Bearing: S4So14'44"W Chord Length: 36.06 Middle Ordinate: 7.68 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Tuesday, November 23, 2004 11:43:33 AM ------------------ • • PROJECT PROJECT: G:\1808\1808.pro External: Deg of Curvature: Tangent: Curve PI: 386 tract e NOO'54'04"W 398 Closing latitude Closing departure Closing bearing Closing distance lot Total traverse length Total error of closure 92.07 1 Error of closure in latitude Error of closure in departure Area Area • • , 11. 08 , 229'10'59" Arc Definition 26.02 13+23.02 14+15.10 -0.00307 = -0.00212 N34°34 I 06"E 0.00373 6210.66800 6184.65066 6276.70927 1399.40 (1415.10) 1/374951 1/455342 = 1/660838 25191.570 SQ FT = 0.578 ACRES 5691. 73033 5692.13736 0.00 5690.68940 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 ~TUesday, November 23, 2004 NEW PROJECT • • 11:43:33 AM PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: OVERALL Point Number Bearing Description Distance 214 calc S88°36'28"E 213 calc SOlo19 1 43"E 212 calc N88°42'04"W 215 calc NOOoS4'04"W 214 calc Closing latitude Closing departure Closing bearing Closing distance Total traverse length prop co 586.15 prop co 320.69 prop co 588.51 .prop co 321.54 prop co .... Total error of closure ~Error of closure in latitude Error of closure in departure Area Area ~ , , , , Sta 0+00.00 5+86.15 9+06.84 14+95.35 18+16.90 -0.00461 -0.00288 N31°59'53"E 0.00544 Northing 6340.75610 6326.51472 6005.91094 6019.25125 6340.75149 1816.89 (1816.90) 1/334005 1/393844 = 1/630327 188426.517 SQ FT 4.326 ACRES Easting Elevation 5689.68420 6275.66117 6283.09686 5694.73808 5689.68132 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • ~TUeSday, November 23, 2004 11:43:33 AM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 15 Point Number Bearing Description Distance 335 S23'13'03"E 346 S88°36'28 11 E 345 SOl'19'43"E 212 N88°42'04 11 W 308 NOlo23'32"E 306 N41oS6'02"E 335 Closing latitude ~closing departure ~Closing bearing Closing distance lot 14/15/tr 28.82 lot 14/15 105.52 lot 14/15 50.38 calc prop co 132.91 lot 15/16 61. 54 lot 15/16/tr 20.00 lot 14/15/tr Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area • , , , , , Sta 0+00.00 0+28.82 1+34.33 1+84.72 3+17.62 3+79.17 3+99.17 -0.00327 0.00329 N4So11'40 ll W 0.00464 Northing 6085.32892 6058.84290 6056.27914 6005.91269 6008.92548 6070.44732 6085.32564 = 399.17 (399.17) = 1/85955 1/121973 = 1/121148 7042.062 SQ FT 0.162 ACRES Easting Elevation 6165.08729 0.00 6176.44879 0.00 6281.93764 0.00 6283.10578 6150.22993 0.00 6151.72513 0.00 6165.09059 0.00 0/1 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • ~TUeSday, November 23, 2004 11:43:33 AM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 14 Point Number Bearing Description Distance 342 S88°36'28"E 341 SOl°19'43"E 345 NSS036'2S"W 346 N23°13'03"W 335 NOl°23'32"E 342 Closing latitude Closing departure Closing bearing lot lot lot lot lot lot • CloSing distance Total traverse length Total error of closure 13/14/tr 115.14 12/14 50.06 14/15 105.52 14/15 28.82 14/15/tr 23.80 13/14/tr Error of closure in latitude Error of closure in departure Area Area • , , , , Sta 0+00.00 1+15.14 1+65.20 2+70.71 2+99.53 3+23.33 -0.00129 ~ -0.00536 N76°29'24"E ~ 0.00551 Northing 6109.12321 6106.32571 6056.27917 6058.84293 6085.32894 6109.12192 ~ 323.34 (323.33) ~ 1/58647 1/251044 1/60316 5659.200 SQ FT 0.130 ACRES Easting Elevation 6165.66557 0.00 6280.77158 0.00 6281. 93230 0.00 6176.44345 0.00 6165.08196 0.00 6165.66021 0.00 ------------------------------------------------------ Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 ~ • ~TUeSday, November 23, 2004 11:43:33 AM ~ NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 12 Point Number Bearing Description Distance 334 lot 12/13 S01°23'32"W 90.00 333 lot 12/13/14 S8So36'28"E 60.14 341 lot 12/14 NOlo19'43"W 66.26 396 lot 12 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 389 lot 12 N8So36'28 11 W 32.02 334 lot 12/13 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+90.00 1+50.14 2+16.40 395 25.00 87°16'45" 38.08 N44°58'06"W 34.51 6.91 9.54 229°10'59 11 23.84 2+54.48 2+86.51 0.00128 -0.00009 Northing 6197.76035 6107.78692 6106.32573 6172.56791 6171.98825 Left , , , Arc Definition 6196.40311 6196.98365 6197.76163 = S04°00'30"E 0.00128 282.93 (286.51) 1/221192 1/221735 1/3164336 5100.129 SQ FT 0.117 ACRES Easting Elevation 6222.83599 0.00 6220.64931 0.00 6280.77156 0.00 6279.23522 0.00 6254.24194 6278.68195 6254.84645 0.00 6222.83590 0.00 • -------------------- Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • ------- • ~TUeSday, November 23, 2004 11:43:33 AM ~ NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 11. Point Number Bearing Description Distance 312 lot SOlo23'32"W 311 lot 388°36'28"E 392 lot 10/11 88.00 10/11 38.15 ' 11 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 393 lot 11 N01'19'43"W 61.88 ' 213 calc prop co N88'36'28"W 60.18 312 lot 10/11 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta Northing 0+00.00 6327.97697 0+88.00 6240.00295 1+26.15 6239.07604 394 6264.06866 25.00 ' 92'43'15" Left 40.46 ' N45'Ol'54"E 36.18 ' 7.75 11.23 ' 229°10'59" Arc Definition 26.22 ' 1+66.60 2+28.49 2+88.67 -0.00643 0.00089 N07'52'14"W 0.00649 6238.43920 6264.64502 6326.50838 6327.97054 284.39 (288.67) 1/43832 1/44249 = 1/320092 5330.121 SQ FT 0.122 ACRES Easting Elevation 6215.50225 6213.36416 6251.50290 6252.11031 6277.70692 6277.10016 6275.66537 6215.50314 0.00 0.00 0.00 0.00 0.00 ~ --------------------- Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • RECEIVED SEP 1 «2004 • Thursday, August 19, 2004 4:24:24 PM KING COUNlY LAND USE SERVICES NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 16 Point Number Bearing Description Distance 348 S88°36'28"E 347 N26°00' 06"E 339 S39°08'58"E 306 SOlo23'32"W 308 N88°42'04"W 337 N01°23'32"E 348 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot lot lot Total traverse length Total error of closure 16/17/22 88.00 16/17 28.82 16117/tr 20.00 15/16/tr 61.54 15/16 1l3.00 16/23 50.73 16/17/22 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+88.00 1+16.82 1+36.82 1+98.36 3+11.36 3+62.09 0.00942 0.00193 S11°34'09"W 0.00961 Northing 6062.19928 6060.06119 6085.96407 6070.45403 6008.93220 6011. 49368 6062.20870 362.09 (362.09) 1 /37 660 1/38441 1/187784 6120.829 SQ FT 0.141 ACRES Easting Elevation 6038.48796 0.00 6126.46198 0.00 6l39.09659 0.00 6151.72350 0.00 6150.22829 0.00 6037.25733 0.00 6038.48989 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:24 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 17 Point Number Bearing Description Distance 338 S88'36'28"E 343 SOlo23'32"W 339 S26'OO'06"W 347 N88'36'28"W 348 NOlo23'32"E 338 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot lot Total traverse length Total error of closure 17/19/22 100.00 17 /18/tr 23.80 16/17/tr 28.82 16/17 88.00 16/17/22 50.00 17/19/22 Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 1+00.00 1+23.80 1+52.62 2+40.62 2+90.62 -0.00217 -0.00158 N36'09'24"E 0.00269 Northing 6112.18452 6109.75488 6085.96190 6060.05903 6062.19712 6112.18236 290.62 (290.62) 1/108189 1/133996 1/183374 4842.808 SQ FT 0.111 ACRES Easting Elevation 6039.70277 0.00 6139.67325 0.00 6139.09499 0.00 6126.46038 0.00 6038.48636 0.00 6039.70118 0.00 -------_._._--- Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:24 PM NEW PROJECT CLOSORE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 18 Point Number Bearing Description Distance 340 SOlo23'32"W 343 N88°36'28"W 355 N01°23'32"E 356 S88°36'28"E 340 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 18/tract 90.00 17118/tr 57.50 17/18/19 90.00 18/19 57.50 18/tract Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+90.00 1+47.50 2+37.50 2+95.00 0.00000 0.00000 N90000'OO''W 0.00000 Northing 6199.72834 6109.75491 6111.15195 6201.12539 6199.72834 295.00 (295.00) 1/999999 1/999999 1/999999 5175.000 SQ FT 0.119 ACRES Easting Elevation 6141.85990 0.00 6139.67322 0.00 6082.19020 0.00 6084.37688 0.00 6141. 85990 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:24 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 19 Point Number Bearing Description Distance 356 SOlo23'32"W 355 N88°36'28"W 353 N01°23'32"E 354 S88°36'28"E 356 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 18/19 90.00 17/18/19 52.50 19/20/22 90.00 19/20 52.50 18/19 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+90.00 1+42.50 2+32.50 2+85.00 0.00000 0.00000 N90000'00''W 0.00000 Northing 6201.12537 6111.15194 6112.42750 6202.40093 6201.12537 285.00 (285.00) 1/999999 1/999999 1/999999 4725.000 SQ FT 0.108 ACRES Easting Elevation 6084.37688 0.00 6082.19020 0.00 6029.70569 0.00 6031. 89238 0.00 6084.37688 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:24 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 20 Point Number Bearing Description Distance 354 SOl'23'32"W 353 N88°36'28"W 351 N01'23'32"E 352 S88°36'28"E 354 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 19/20 90.00 19/20/22 52.50 20/21/22 90.00 20/21 52.50 19/20 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+90.00 1+42.50 2+32.50 2+85.00 0.00000 0.00000 N90000'OO''W 0.00000 Northing 6202.40092 6112.42749 6113.70305 6203.67648 6202.40092 285.00 (285.00) 1/999999 1/999999 1/999999 4725.000 SQ FT 0.108 ACRES Easting Elevation 6031.89238 0.00 6029.70569 0.00 5977.22119 0.00 5979.40787 0.00 6031.89238 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:24 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 21 Point Number Bearing Description Distance 352 SOl023'32"W 351 N88°36'28"W 344 N01°23'32"E 349 S88°36'28"E 352 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 20/21 90.00 20/21/22 52.50 21/22/tr 90.00 21/tract 52.50 20/21 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+90.00 1+42.50 2+32.50 2+85.00 0.00000 0.00000 N90000'00''W 0.00000 Northing 6203.67647 6113.70304 6114.97860 6204.95203 6203.67647 285.00 (285.00) 1/999999 1/999999 1/999999 4725.000 SQ FT 0.108 ACRES Easting Elevation 5979.40787 0.00 5977.22119 0.00 5924.73669 0.00 5926.92337 0.00 5979.40787 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:25 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 22 Point Number Bearing Description Distance 344 S88°36'28"E 338 SOl°23'32"W 348 N88°36'28"w 350 N09°SS'04"W 344 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 21/22/tr 115.00 17/19/22 50.00 16/17/22 105.00 22/23 50.99 21/22/tr Error of closure in latitude Error of closure in departure Area Area , , , Sta 0+00.00 1+15.00 1+65.00 2+70.00 3+20.99 -0.00020 -0.00003 N07°11' 57"E 0.00020 Northing 6114.97858 6112.18449 6062.19925 6064.75038 6114.97838 320.99 (320.99) 1/1572095 1/1584586 1/12544900 5500.000 SQ FT 0.126 ACRES Easting Elevation 5924.73672 0.00 6039.70277 0.00 6038.48794 0.00 5933.51894 0.00 5924.73669 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:25 PM NEW PROJECT CLOSORE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 23 Point Number Bearing Description Distance 359 N80004 1 56''E 360 S09'55'04"E 350 S88°36'28"E 348 SOlo23 1 32"W 337 N88'42'04"W 361 N01'23'32"E 358 N09'55'04"W 359 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot lot lot Total traverse length Total error of closure 23/tract 20.00 22/23/tr 13.98 22/23 105.00 16/17/22 50.73 16/23 125.00 23/tract 48.95 12.00 23/tract Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+20.00 0+33.98 1+38.98 1+89.71 3+14.71 3+63.66 3+75.66 -0.00283 0.00002 NOOo22'16"W 0.00283 Northing 6075.07717 6078.52187 6064.75079 6062.19966 6011. 48463 6014.31813 6063.25368 6075.07435 375.66 (375.66) 1/132908 1/132911 1/20518856 6593.715 SQ FT 0.151 ACRES Easting Elevation 5911. 40994 0.00 5931.11106 0.00 5933.51890 0.00 6038.48790 0.00 6037.25534 0.00 5912.28746 0.00 5913.47677 0.00 5911. 40996 0.00 ~------------------------------------------------------------- Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • • Thursday, August 19, 2004 4:24:25 PM NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: TRACT A Point Number Bearing Description Distance 366 tract a/trac S02°50'05"W 18.63 383 tract a/trac S88°36'28"E 136.84 382 tract a/trac N56°23'32"E 29.89 384 tract a/trac NOlo23'32"E 37.85 385 tract a/trac N88°36'28"W 189.24 390 tract a Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 388 tract a/trac N71°09'Ol"E 21. 66 365 tract a/trac 847°28'21"£ 41. 85 366 tract a/trac Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , , Sta Northing 0+00.00 6172.97676 0+18.63 6154.36956 1+55.46 6151. 04483 1+85.36 6167.58908 2+23.21 6205.42791 4+12.45 6210.02577 387 6185.03315 25.00 69°44'40" Left 30.43 S56°31'12"W 28.59 4.49 5.47 229°10'59" Arc Definition 17.42 4+42.88 4+64.54 5+06.39 -0.01273 0.00105 N04'42'59"W 0.01278 6210.45907 6194.25421 6201.25228 6172.96402 504.55 (506.39) 1/39487 1/39621 1/480252 9505.801 SQ FT 0.218 ACRES Easting Elevation 5745.23780 5744.31645 5881.11606 5906.00983 5906.92945 5717.74531 5717.13790 5700.32682 5693.89901 5714.39737 5745.23885 0.00 0.00 0.00 0.00 0.00 0.00 ------------------------------------------------ Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:25 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: TRACT B Point Number Bearing Description Distance 383 S02'50'05"W 367 827°53'58"E 368 S13'56'29"E 369 367°50'14"E 370 N87°18'36"E 371 844°48'38"E 372 888°42'04"E 361 NOlo23'32"E 358 N09°S5'04"W 357 NOlo23'32"E 384 S56°23'32"W 382 N88'36'28"W 383 Closing latitude Closing departure Closing bearing Closing distance tract a/trac 29.11 tract b/trac 28.02 tract b/ tra 22.66 tract b/trac 18.44 tract b/trac 25.09 tract b/trac 80.73 tract b/trac 51. 82 lot 23/tract 48.95 50.99 tract b/trac 54.13 tract a/trac 29.89 tract a/trac 136.84 tract a/trac Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , , , , , , Sta 0+00.00 0+29.11 0+57.12 0+79.79 0+98.22 1+23.31 2+04.04 2+55.87 3+04.82 3+55.81 4+09.93 4+39.83 5+76.66 0.00135 0.00211 S57°26'46"W 0.00251 Northing 6154.37373 6125.29935 6100.53611 6078.54361 6071. 58732 6072.76485 6015.49168 6014.31703 6063.25258 6113.48058 6167.59460 6151.05035 6154.37508 576.67 (576.66) 1/229940 1/427324 1/272802 17260.321 SQ FT 0.396 ACRES Easting Elevation 5744.31669 0.00 5742.87706 5755.98821 5761.44767 5778.52524 5803.58760 5860.48327 5912.28995 0.00 5913.47926 0.00 5904.69701 0.00 5906.01218 0.00 5881.11841 0.00 5744.31881 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:25 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: TRACT C Point Number Bearing Description Distance 385 SOl°23'32"W 357 S09OS5'04"E 359 N80004'56''E 360 N09 D S5'04"W 344 NOlo23'32"E 349 N88°36'28"W 385 Closing latitude Closing departure Closing bearing Closing distance tract a/trac 91.98 tract b/trac 38.99 lot 23/tract 20.00 lot 22/23/tr 37.01 lot 21/22/tr 90.00 lot 211tract 20.00 tract a/trac Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , , Sta 0+00.00 0+91.98 1+30.97 1+50.97 1+87.98 2+77.98 2+97.98 0.00080 -0.00006 S04°15'46"E 0.00080 Northing 6205.43794 6113.48509 6075.07776 6078.52246 6114.97938 6204.95281 6205.43874 297.98 (297.98) 1/372274 1/373307 1/5008339 2579.804 SQ FT 0.059 ACRES Easting Elevation 5906.92928 0.00 5904.69449 0.00 5911. 40992 0.00 5931.11104 0.00 5924.73663 0.00 5926.92331 0.00 5906.92922 0.00 ----------------- Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:23 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: TRACT 0 Point Number Bearing Description Distance 336 SOlo23'32"W 335 S41'56'02"W 306 N39'08'58"W 339 NOlo23'32"E 340 388°36'28"E 336 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot lot Total traverse length Total error of closure 13/tract 113.80 14/15/tr 20.00 15/16/tr 20.00 16/17/tr 113.80 18/tract 26.00 13/tract Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 1+13.80 1+33.80 1+53.80 2+67.60 2+93.60 0.00000 -0.00003 S88'36'28"E 0.00003 Northing 6199.09664 6085.33023 6070.45190 6085.96194 6199.72835 6199.09664 293.60 (293.60) 1/8541098 1/351536437 1/8543620 3156.417 SQ FT 0.072 ACRES Easting Elevation 6167.85223 0.00 6165.08729 0.00 6151. 72184 0.00 6139.09493 0.00 6141. 85987 0.00 6167.85220 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 ------------------------ • • Thursday, August 19, 2004 4:24:26 PM NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: TRACT E Point Number Bearing Description Distance 386 tract e Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 388 tract a/trac N71°09'01"E 21. 66 365 tract a/trac 847°28'21"E 41. 85 366 tract a/trac S02°50'05"W 47.73 367 tract b/trac 827°53'58"E 28.02 368 tract b/ tra SUo 56' 29"E 22.66 369 tract b/trac 867°50'14"E 18.44 370 tract b/trac N87°18'36"E 25.09 371 tract b/trac S44°48'38"E 80.73 372 tract b/trac N8So42'04"W 165.78 215 calc prop co NOOoS4'04"W 165.42 386 tract e Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , , , , , , Sta Northing 0+00.00 6184.64998 387 6185.04315 25.00 , 22°32'56" Right 9.84 , NIOo22'24"E 9.78 , 0.48 , 0.49 , 229°10'59" Arc Definition 4.98 0+09.84 0+31.50 0+73.35 1+21.08 1+49.10 1+71.76 1+90.19 2+15.28 2+96.01 4+61. 79 6+27.21 0.00813 0.00765 S43°14 1 111!W 0.01ll6 6189.63329 6194.27013 6201.26820 6172.97994 6125.30835 6100.545ll 6078.55261 6071. 59632 6072.77385 6015.50068 6019.25857 6184.65812 627.16 (627.21) 1/56185 1/77121 1/82021 14235.262 SQ FT 0.327 ACRES Easting Elevation 5692.13956 0.00 5717.13647 5692.06ll8 5693.90056 0.00 5714.39892 5745.24040 5742.87991 5755.99106 5761. 45052 5778.52810 5803.59045 5860.48612 5694.74872 5692 .14 721 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • • Thursday, August 19, 2004 4:24:22 PM NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 8 Point Number Bearing Description Distance 324 SOl023'32"W 323 888°36'28"E 325 NOl023'32"E 326 N88°36'28"W 324 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 7/8 88.00 7/8 51.77 8/9 88.00 8/9 51.77 7/8 Error of closure in latitude Error of closure in departure Area Area , Sta 0+00.00 0+88.00 1+39.77 2+27.77 2+79.55 0.00000 0.00000 N90000'00''W 0.00000 Northing 6331.75073 6243.77671 6242.51888 6330.49290 6331.75073 279.54 (279.55) 1/999999 1/999999 1/999999 4556.151 SQ FT 0.105 ACRES Easting Elevation 6060.22478 0.00 6058.08669 0.00 6109.84141 0.00 6111.97950 0.00 6060.22478 0.00 - - -------------------------- Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 9B003 253-661-1901 • Thursday, August 19, 2004 4:24:22 PM NEW PROJECT CLOSllRE REPORT • PROJECT: G:\lBOB\lBOB.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 9 Point Number Bearing Description Distance 326 SOl°23'32"W 325 S88°36'28"E 327 N01°23'32"E 328 N88°36'28"W 326 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 8/9 88.00 8/9 51. 77 9/10 88.00 9/10 51. 77 8/9 Error of closure in latitude Error of closure in departure Area Area , , , Sta 0+00.00 0+88.00 1+39.77 2+27.77 2+79.55 0.00000 0.00000 N90000 1 0Q!lW 0.00000 Northing 6330.49281 6242.51879 6241. 26096 6329.23498 6330.49281 279.54 (279.55) 1/999999 1/999999 1/999999 4556.151 SQ FT 0.105 ACRES Easting Elevation 6111.98394 0.00 6109.845B5 0.00 6161. 60057 0.00 6163.73866 0.00 6111.98394 0.00 Centre Pointe Surveying 33701· 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:22 PM RECE\VED SEP 1 6 2004 KING COUNT'< LAND USE S(f\\JICES NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 10 Point Number Bearing Description Distance 328 SOlo23'32"W 327 888°36'28"E 311 N01'23'32"E 312 N88'36'28"W 328 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 9/10 88.00 9110 51.77 10/11 88.00 10/11 51.77 9110 Error of closure in latitude Error of closure in departure Area Area , , , Sta 0+00.00 0+88.00 1+39.77 2+27.77 2+79.55 0.00000 0.00000 N90'OO'00"W 0.00000 Northing 6329.23489 6241.26087 6240.00304 6327.97706 6329.23489 279.54 (279.55) 1/999999 1/999999 1/999999 4556.151 SQ FT 0.105 ACRES Easting Elevation 6163.74310 0.00 6161.60501 0.00 6213.35972 0.00 6215.49781 0.00 6163.74310 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 ---------- • Thursday, August 19, 2004 4:24:22 PM • NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 11 Point Number Bearing Description Distance 312 lot 10/11 SOl°23'32"W 88.00 311 lot 10/11 S88°36'28"E 37.98 ' 392 lot 11 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 393 lot 11 NOl020'21"W 61.88 213 calc prop co N88°36'28"W 60.00 312 lot 10/11 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta 0+00.00 0+88.00 1+25.98 394 25.00 ' Northing 6327.97697 6240.00295 6239.08017 6264.07279 92°43'53" Left 40.46 ' N45°01'36"E 36.19 ' 7.75 11.23 ' 229°10'59" Arc Definition 26.22 ' 1+66.44 2+28.32 2+88.32 0.00237 0.00433 S61°21'15"W 0.00494 6238.44318 6264.65845 6326.52155 6327.97934 284.05 (288.32) 1/57551 1/120050 1/65578 5314.960 SQ FT 0.122 ACRES Easting Elevation 6215.50225 6213.36416 6251.33295 6251.94036 6277.54337 6276.93505 6275.48887 6215.50658 0.00 0.00 0.00 0.00 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • • Thursday, August 19, 2004 4:24:23 PM NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 12 Point Number Bearing Description Distance 334 lot 12/13 SOI°23'32"W 90.00 333 lot 12/13/14 S88°36'28"E 60.00 341 lot 12/14 NOlo20'21"W 66.27 396 lot 12 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 389 lot 12 N8So36'28"W 31. 87 334 lot 12/13 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , Sta Northing 0+00.00 6197.76035 0+90.00 6107.78692 1+50.00 6106.32913 2+16.27 6172.58103 395 6171. 99676 25.00 , 87°16'07" Left 38.08 N44°S8'24"W 34.50 6.91 9.54 229°10'59" Arc Definition 23.84 2+54.34 2+86.22 0.00154 0.00241 S57°20'12"W 0.00286 6196.40690 6196.98756 6197.76189 282.64 (286.22) 1/98837 1/183133 1/117404 5086.873 SQ FT 0.117 ACRES Easting Elevation 6222.83599 0.00 6220.64931 0.00 6280.63160 0.00 6279.08282 0.00 6254.08965 6278.52600 6254.69899 0.00 6222.83840 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 9S003 253-661-1901 • Thursday, August 19, 2004 4:24:23 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1S0S\1S0S.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 13 Point Number Bearing Description Distance 334 NSS'36'2S"W 336 S01'23'32"W 342 SSS'36'2S"E 333 N01'23'32"E 334 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 12/13 55.00 13/tract 90.00 13/14/tr 55.00 12/13/14 90.00 12/13 Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 0+55.00 1+45.00 2+00.00 2+90.00 0.00000 0.00000 N9QoQO'OQ"W 0.00000 Northing 6197.76035 6199.09666 6109.12322 6107.7S692 6197.76035 290.00 (290.00) 1/999999 1/999999 1/999999 4950.000 SQ FT 0.114 ACRES Easting Elevation 6222.S3599 0.00 6167.S5223 0.00 6165.66555 0.00 6220.64931 0.00 6222.S3599 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:23 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\lS0S\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 14 Point Number Bearing Description Distance 342 S88°36'28"E 341 SOlo20'21"E 345 N88°36'28"W 346 N23°13'03"W 335 NOlo23'32"E 342 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot lot Total traverse length Total error of closure 13/14/tr 115.00 12/14 50.06 14/15 105.39 14/15 2S.S2 14/15/tr 23.S0 13/14/tr Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+15.00 1+65.06 2+70.44 2+99.26 3+23.06 -0.000S3 -0.00614 N82°17'44"E 0.00619 Northing 6109.12321 6106.32911 6056.28279 6058.84339 6085.32940 6109.1223S 323.07 (323.06) 1/52161 1/389086 1/52636 5652.441 SQ FT 0.130 ACRES Easting Elevation 6165.66557 0.00 6280.63163 0.00 6281.80157 0.00 6176.44268 0.00 6165.0S11S 0.00 6165.65944 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:23 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 15 Point Number Bearing Description Distance 335 S23°13'03"E 346 S88°36'28"E 345 SOl°20'21"E 212 N88°42'04"W 308 N01°23'32"E 306 N41°56'02"E 335 Closing latitude Closing departure Closing bearing Closing distance lot 14/15/tr 28.82 lot 14/15 105.39 lot l4/15 50.38 calc prop co 132.79 lot 15/16 61. 54 lot 15/16/tr 20.00 lot l4/15/tr Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , Sta 0+00.00 0+28.82 1+34.20 1+84.59 3+17.37 3+78.92 3+98.92 -0.00262 0.00258 N44°35'41"W 0.00368 Northing 6085.32892 6058.84290 6056.28230 6005.91606 6008.92614 6070.44797 6085.32630 398.92 (398.92) 1/108499 1/152367 1/154537 7035.715 SQ FT 0.162 ACRES Easting Elevation 6165.08729 0.00 6176.44879 0.00 6281. 80768 0.00 6282.98510 6150.22922 0.00 6151. 72442 0.00 6165.08987 0.00 ----1 -------- Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:20 PM NEW PROJECT CLOSURE REPORT ----------- • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: OVERALL Point Number Bearing Description Distance 214 S8So36'28"E 213 SOlo20'21"E 212 N8So42'04"W 215 NOOoS4'04"W 214 Closing latitude Closing departure Closing bearing Closing distance calc calc calc calc calc Total traverse length Total error of closure prop co 585.97 prop co 320.69 prop co 588.39 prop co 321.54 prop co Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 5+85.97 9+06.66 14+95.05 18+16.60 -0.00158 -0.00380 N67°20'22"E 0.00411 Northing 6340.75610 6326.51910 6005.91669 6019.25428 6340.75452 1816.59 (1816.60) 1/441646 1/1146333 1/478591 188378.292 SQ FT 4.325 ACRES Easting Elevation 5689.68420 6275.48122 6282.97598 5694.73717 5689.6804 9 R!S~iD SEpE~ 1 <!btW 04 LAd.~ES . ~ .. Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:20 PM ~~~-~~~~~~~--------------------------------------------:~~~~~~~~~:~ CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: ROAD Point Number Bearing Description Distance 398 lot 1 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 391 lot 1 S88°36'28"E 536.41 392 lot 11 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 393 lot 11 S01°20'21"E 92.10 ' 396 lot 12 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Oeg of Curvature: Tangent: Curve PI: 389 lot 12 N88°36'28"W 537.11' 390 tract a Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Oeg of Curvature: Sta Northing 0+00.00 397 25.00 ' 6276.71234 6277.10551 87°42'24" Left 38.27 ' S44°45'16"E 34.64 ' 6.97 9.67 ' 229°10'59" Arc Definition 24.02 ' 0+38.27 5+74.68 394 25.00 6252.69646 6252.11341 6239.08054 6264.07316 92°43'53" Left 40.46 N45°01'36"E 36.19 ' 7.75 11.23 ' 229°10'59" Arc Definition 26.22 ' 6238.44318 6+15.14 6264.65882 7+07.24 6172.58398 395 6171.99971 25.00 ' 87°16'07" Left 38.08 N44°SB'24"W 34.50 6.91 ' 9.54 ' 229°10'59" Arc Definition 23.84 6196.40690 7+45.32 6196.99052 12+82.43 6210.04039 387 6185.04777 25.00 ' 92°17'36" Left 40.27 S4S014'44"W 36.06 ' 7.68 11.08 ' 229°10'59" Arc Definition Easting Elevation 5690.69152 5715.68843 5691. 06926 5715.08050 6251.33215 6251.93956 6277.54337 6276.93425 6279.08669 6254.09352 6278.52600 6254.70287 5717.75142 5717 .14401 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Ce~tre-Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:26 PM NEW PROJECT Tangent: Curve PI: 386 NOOo54'04"W 398 Closing latitude Closing departure Closing bearing Closing distance tract lot 1 Total traverse length Total error of closure e 92.07 Error of closure in latitude Error of closure in departure Area Area , • PROJECT: G:\1808\1808.pro 26.02 , l3+22.70 14+14.78 -0.00209 0.00463 N65°40'25"W 0.00508 6210.66800 6184.65164 6276.71025 1399.08 (1414.78) 1/275268 1/668234 1/302089 25184.869 SQ FT 0.578 ACRES 5691.73033 5692.14411 0.00 5690.69615 0,00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • ------_. --------------------- • Thursday, August 19, 2004 4:24:20 PM NEW PROJECT PROJECT: G:\1808\1808.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 1 Point Number Bearing Description Distance 391 lot 1 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 398 lot 1 NOQoS4'04"W 64.05 I 214 calc prop co S88°36'28"E 60.00 310 lot 1/2 SOl°23'32"W 88.00 309 lot 1/2 N88°36'28"W 32.46 ' 391 lot 1 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta 0+00.00 397 25.00 ' Northing 6252.11290 6277.10552 87°42'24" Right 38.27 ' N44°4S'16"W 34.64 6.97 ' 9.67 229°10'59 11 Arc Definition 24.02 0+38.27 1+02.32 1+62.32 2+50.32 2+82.78 -0.00214 -0.00249 N49°22' 43"E 0.00328 6252.69646 6276.71183 6340.75391 6339.29612 6251.32209 6252.11076 279.15 (282.78) 1/84984 1/130533 1/111965 5002.829 SQ FT 0.115 ACRES Easting Elevation 5715.08102 57l5.68843 5691.06926 5690.69204 5689.68475 5749.66704 5747.52895 5715.07853 RECEIVED SEP 1 62004 KING COUNTY LAND USE SERVICES 0.00 0.00 0.00 0.00 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:21 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 2 Point Number Bearing Description Distance 310 SOlo23'32"W 309 S88°36'28"E 313 NOlo23'32"E 314 N8So36'28"W 310 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 1/2 88.00 1/2 51.78 2/3 88.00 2/3 51. 78 1/2 Error of closure in latitude Error of closure in departure Area Area , , Sta 0+00.00 0+88.00 1+39.78 2+27.78 2+79.56 0.00000 0.00000 N90000'00''W 0.00000 Northing 6339.29834 6251. 32432 6250.06625 6338.04027 6339.29834 279.56 (279.56) 1/999999 1/999999 1/999999 4556.448 SQ FT 0.105 ACRES Easting Elevation 5749.66647 0.00 5747.52838 0.00 5799.29309 0.00 5801.43118 0.00 5749.66647 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:21 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 3 Point Number Bearing Description Distance 314 SOl'23'32"W 313 S88'36'28"E 315 N01'23'32"E 316 N88°36'28"W 314 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 2/3 88.00 2/3 51.77 3/4 88.00 3/4 51.77 2/3 Error of closure in latitude Error of closure in departure Area Area , , Sta 0+00.00 0+88.00 1+39.77 2+27.77 2+79.55 0.00000 0.00000 N90'OO'00"W 0.00000 Northing 6338.04034 6250.06631 6248.80849 6336.78251 6338.04034 279.54 (279.55) 1/999999 1/999999 1/999999 4556.151 SQ FT 0.105 ACRES Easting Elevation 5801.42900 0.00 5799.29091 0.00 5851.04563 0.00 5853.18372 0.00 5801.42900 0.00 ~-------------- Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:21 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 4 Point Number Bearing Description Distance 316 SOl'23'32"W 315 S88'36'28"E 317 NOlo23'32"E 318 N88'36'28"W 316 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 3/4 88.00 3/4 51.77 4/5 88.00 4/5 51.77 3/4 Error of closure in latitude Error of closure in departure Area Area RECEIVED SEP 1 Ii 2004 KING COUNTY LAND USE SERVICES , , , Sta 0+00.00 0+88.00 1+39.77 2+27.77 2+79.55 0.00000 0.00000 N90000'OO''W 0.00000 Northing 6336.78242 6248.80839 6247.55057 6335.52459 6336.78242 279.54 (279.55) 1/999999 1/999999 1/999999 4556.151 SQ FT 0.105 ACRES Easting Elevation 5853.18816 0.00 5851.05007 0.00 5902.80478 0.00 5904.94287 0.00 5853.18816 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:21 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 5 Point Number Bearing Description Distance 318 SOlo23'32"W 317 S88°36'28"E 319 NOl°23'32"E 320 N88°36'28"W 318 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 4/5 88.00 4/5 51. 77 5/6 88.00 5/6 51. 77 4/5 Error of closure in latitude Error of closure in departure Area Area , , , Sta 0+00.00 0+88.00 1+39.77 2+27 . 77 2+79.55 0.00000 0.00000 N90000'OO''W 0.00000 Northing 6335.52450 6247.55047 6246.29264 6334.26667 6335.52450 279.54 (279.55) 1/999999 1/999999 1/999999 4556.151 SQ FT 0.105 ACRES Easting Elevation 5904.94731 0.00 5902.80922 0.00 5954.56394 0.00 5956.70203 0.00 5904.94731 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:21 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 6 Point Number Bearing Description Distance 320 SOl°23'32"W 319 S88°36'28"E 321 NOlo23'32"E 322 N88°36'28"W 320 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 5/6 88.00 5/6 51.77 6/7 88.00 6/7 51.77 5/6 Error of closure in latitude Error of closure in departure Area Area , , , Sta 0+00.00 0+88.00 1+39.77 2+27.77 2+79.55 0.00000 0.00000 N90000'00''W 0.00000 Northing 6334.26657 6246.29255 6245.03472 6333.00875 6334.26657 279.54 (279.55) 1/999999 1/999999 1/999999 4556.151 SQ FT 0.105 ACRES Easting Elevation 5956.70647 0.00 5954.56838 0.00 6006.32310 0.00 6008.46119 0.00 5956.70647 0.00 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 • Thursday, August 19, 2004 4:24:22 PM NEW PROJECT CLOSURE REPORT • PROJECT: G:\1808\1808.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 7 Point Number Bearing Description Distance 322 SOl'23'32"W 321 S88'36'28"E 323 NOlo23'32"E 324 N88°36'28"W 322 Closing latitude Closing departure Closing bearing Closing distance lot lot lot lot lot Total traverse length Total error of closure 6/7 88.00 6/7 51. 77 7/8 88.00 7/8 51. 77 6/7 Error of closure in latitude Error of closure in departure Area Area , , , Sta 0+00.00 0+88.00 1+39.77 2+27.77 2+79.55 0.00000 0.00000 N90000'OO''W 0.00000 Northing 6333.00865 6245.03463 6243.77680 6331. 75083 6333.00865 279.54 (279.55) 1/999999 1/999999 1/999999 4556.151 SQ FT 0.105 ACRES Easting Elevation 6008.46563 0.00 6006.32754 0.00 6058.08225 0.00 6060.22034 0.00 6008.46563 0.00 I ® •• -----.~-,--~.:~-~ .-.. -~-"-'-",-..........--",", F~-c,,,-.-,~---~ --,,-----,,---.c:-"':---- ,'T)\r,~"tc,\ /'o\-::(oy;;rl' :(;r6~["III1H~ I OJ ((5), 0 ['~J' il ~y J . 'l!:VU -:) JI)'c <:VUl U~:l J L'-:o~ '-:: L_\~/ 1\ __ , ,j King County Department of Development and Environmental Services Land Use Services Division ".. " ':(~@\~7®j]1, @3Du~~u "'. '., " ,,-. ',,' , ' ,,_., -'-.l.~"",..;.....:,_~_"_"",,,_...;L __ .~,,"_.o:._,,::~,:~...:.c,~::,,,~ .. __ :"',l........2-_~ __ ;.. 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 (206) 296-6600 ITY (206) 296-7217 Alternative formats available , upon request Drop-Off Cover Sheet for Land Use Services Division **************************** IMPORTANT **********tult******* ••• u.****1it. PROJECT NUMBER AND NAME IS NECESSARY FOR ALL DROP-OFFS YProject No.: 1-1)'2-POO II 'x Project Name: HAMI LtotJ X FROM: I " " / Company Name ',GC?nJ.ijct Person :.4 (oJ .i', Telephone No.: 'fZ.5. 'Z~/-(PlIO )<to: ~~4NNe: Ca4.f?,tho ,y Date Received by LUSD 10) If';' (F r= i .'(' -lnli£ 0 ,,'", ' SEP 1 " •. "." K.C. D.D.E.S . ADDITIONAL INFORMATION REQUESTED BY KING COUNTY STAFF (p e prlsi2P 1 6 2004 Short Plat I Plats Please specify item(s) dropped-off: K.C. D.D.E.S. Lot Line Adlustment Permit Please specify item(s) dropped-off: Right of Way Permit Please specify item(s) dropped-off: Clearing I Grading Permit Additional information requested; please specify item(s) dropped-off: \ /' PLEASE NOTE: All drop-off item(s) will be logged into the computer under the project number. therefore, it is important that the top portion of this form is completed properly before you' drop-off anything. Assistance in finding a project number can be provided by speaking to a Land Use Services Division Person of the Day (POD) or the Zoning/Land Use Technician. Your cooperation is important. Thank you. LUSD Drop-Off Cover Sheet Ig-cvs-dropoff.pdf 05-30-2002 Page 1 of 1