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DEPARTMENT OF CONiMUNITY ityof
AND ECONOMIC DEVELOPMENT 'ry
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE: May 19, 2010 NAME 'INIT(AUDATE
LAND USE ACTION FILE NO.: LUA10-033, SME ,
PROJECT NAME: Bang Addition
PROJECT MANAGER: Gerald Wasser, Associate Planner
OWNER/APPLICANT: Dae Hee Bang, 3611 Lake Washington Boulevard N,
Renton, WA 98056/Robert Bonner, RGBJR, 1507 Jones
Avenue NE, Renton, WA 98056
CONTACT (if other than Owner): Same as applicant
PROJECT LOCATION: 3611 Lake Washingtomn Boulevard
LEGAL DESCRIPTION: See Attachment A
SEC-TWN-R: NE 1/4 SEC 31- TWN 24 - R 5E
WATER BODY/WETLAND: Lake Washington
PROPOSAL DESCRIPTION: The applicant is requesting the approval of a Shoreline
Exemption for a 756 square foot addition to an existing 2,670 square foot single-family
residence with an attached carport. The proposed project site is on the shore of Lake
Washington, a Shoreline of Statewide Significance. Upon completion, the proposed
residential structure would be 3,426 square feet in size (including a 684 square foot attached
garage) and two -stories in height to be used by the owners or the owners` family. The 3,703
square foot site is located within the Residential -8 du/ac (R-8) zoning designation. All work
would take place no closer than approximately 40 -feet landward of the Ordinary High Water
Line (OHWL).
%6-11
City of
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE: May 19, 2010
LAND USE ACTION FILE NO.: LUA10-033, SME
PROJECT NAME: Bang Addition
PROJECT MANAGER: Gerald Wasser, Associate Planner
OWNER/APPLICANT: Dae Nee Bang, 3611 Lake Washington Boulevard N,
Renton, WA 98056/Robert Bonner, RGBJR, 1507 Jones
Avenue NE, Renton, WA 98056
CONTACT (if other than Owner): Same as applicant
PROJECT LOCATION: 3611 Lake Washingtomn Boulevard
LEGAL DESCRIPTION: See Attachment A
SEC-TWN-R: NE 1/4 SEC 31- TWN 24 - R 5E
WATER BODY/WETLAND: Lake Washington
PROPOSAL DESCRIPTION: The applicant is requesting the approval of a Shoreline
Exemption for a 756 square foot addition to an existing 2,670 square foot single-family
residence with an attached carport. The proposed project site is on the shore of Lake
Washington, a Shoreline of Statewide Significance. Upon completion, the proposed
residential structure would be 3,426 square feet in size (including a 684 square foot attached
garage) and two -stories in height to be used by the owners or the owners' family. The 3,703
square foot site is located within the Residential -8 du/ac (R-8) zoning designation. All work
would take place no closer than approximately 40 -feet landward of the Ordinary High Water
Line (OHWL).
City of Renton Department of Comm Economic Development Certificate of Exer, from Shoreline Substantial Development
BANG HOUSE ADDITION tUA10-033, SME
DATE OF PERMIT: May 19, 2010 Page 2 of 3
An exemption from a Shoreline Management Substantial Development Permit is hereby granted
on the proposed project in accordance with 4-9-190C and/or for the following reason(s):
Construction on shorelands by an owner, lessee or contract purchaser of a
single-family residence for his/her own use or for the use of his/her family, which
residence does not exceed a height of thirty-five (35) feet above average grade
level and which meets all requirements of the State agency or local government
having jurisdiction thereof, other than requirements imposed pursuant to this
chapter.
1. "Single family" residence means a detached dwelling designed for and
occupied by one family including those structures and developments
within a contiguous ownership which are a normal appurtenance. An
"appurtenance" is necessarily connected to the use and enjoyment of
a single-family residence and is located landward of the ordinary high
water mark and the perimeter of a wetland. On a statewide basis,
normal appurtenances include a garage; deck; driveway; utilities;
fences; installation of a septic tank and drainfield and grading which
does not exceed two hundred fifty cubic yards and which does not
involve placement of fill in any wetland or waterward of the ordinary
highwater mark.
2. Construction authorized under this exemption shall be located
landward of the ordinary high water line.
City of Renton Department of Commi, Economic Development Certificate of Exer from Shoreline Substantial Development
BANG HOUSE ADDITION CUA10-033, SME
DATE OF PERMIT: May 19, 2010 Page 3 of 3
The proposed development is consistent or inconsistent with (check one):
CONSISTENT
XX
INCONSISTENT
Policies of the Shoreline Management Act.
N/A The guidelines of the Department of Ecology
where no Master Program has been finally
approved or adapted by the Department.
xx
C. E. "Chip" Vincent, Planning Director
Planning Division
The City of Renton Shoreline Master Program.
Attachments: A. Legal Description
B. Vicinity/Neighborhood Detail Map
C. Site Plan
CC Owner — Dae Hee Bang
Applicant/Contact — Robert Bonner
City of Renton Official File
�o ISL ---
Date
i M KT A
HILLMANS LK WN GARDEN OF EDEN # 2 S 7 FT OF 60 & ALL OF 61 & N 8
FT OF 62& WLY 15 FT OF FORMER R R R/W ADJ ON E E 10 FT FOR RD &
SH LDS ADJ ON W TGW POR LOT 62 LY NLY OF LN DAF- BEG W 1/4 STR
32-24-5 TH S89 -23-22W 62.53FT TO A 3/4" IRON PIPE SD PT 35 FT WLY
MEAS PRPDIC FROM AS -BUILT C/L NP RR TRACK AS EXSISTED 11-16-
1984 TH N 18-17-02 E PLW & 35 F`f` WLY SD TRACK C/L 108.68 FT TO A
H UB TACK SD PT BEING 3.15 FT S OF POWER POLE & TPOB OF LN - TH S
89-30-57 W 14.94 FT TO A R -K NAIL IN SE COR 6 FT RETAINING WALL TH
CONT S 89-30-57 W 65.74 FT TO A P -K NAIL IN BULK- HEAD ON LK
WASH SD PT NXN OF BULKHEAD LN TO S & RETAIN- ING WALL TO E TH
S 88-45-34 W TO INNER HARBOR LN & TERM SD LN PER SURV REC
#9106069003 PER KC SCC #85-2-17170-5 TGW SH LDS ADJ
City of Renton
Pianning Division
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Y p CITY OF RENTON
O ACCOUNTS PAYABLE
+ t 1055 S. GRADY WAY
RENTON, WA 98057
'�T'�ON Phone: (425) 430-6918
Fax: (425) 430-6855
PAY One Thousand Two Hundred Dollars and No Cents
U.S. BANK OF WASHINGTO
PCmTrN Pp6mru
1919=10
1250
VENEJOR#
DATE
CHECK
NUMBER
CHECKAMOUNT
107154
05/14/2010
292945
****`**1,200.00
PAY DAE HEE BANG
TO THE 3511 LAKE WASHINGTON BLVD N
ORDER RENTON, WA 98056
00 29 2 94 50 1: L 2 5000 10 51: 1535006983 LB115
PLEASE DETACH BEFORE DEPOSITING
CITY OF RENTON. WA 98055
ACCOUNTS PAYABLE CHECK
VOID AFTER 6 MONTHS
MAYOR
F CE&IS ADMINISTRATOR
NO.292945
INVOICE NUMBER
DATE DESCRIPTION - -
RO. NUMBER -' E)ZCOUNTIRETAIN - AMOUNT
Refund/LUA10-(
05113/2010 Admin Variance is not needed - Refund
vjw
0.00 1,200.00
1,200.00
Denis Law Cit O{
Mayors-�
May 13, 2010 Department of Community and Economic Development
Alex Pletsch,Administrator
Robert Bonner
RGBJR Design
1507 Jones Avenue NE
Renton, WA 98056
Subject: Refund
Bang House Addition, LUA10-033, SME, V-A
Dear Mr. Bonner:
The Planning Division of the City of Renton has determined that an Administrative
Variance is not necessary for the above -captioned project. I have submitted the
appropriate form to our Finance Division for processing a refund to your client, Dae Hee
Bang. Your client is eligible for a 100 percent refund of the Administrative Variance fee
of $1,200.00. When the refund check has been issued, it will be mailed to Dae Hee
Bang.
The Shoreline Permit Exemption, for which there is no fee, is required for this proposed
project. It will be processed in a timely fashion.
Please contact me at (425) 430-7382 if you have any questions.
Sincer ly,
Gerald C. Wasser
Associate Planner
cc, Dae Hee Bang / Owner
Renton City Hall • 1055 South Grady Way s Renton, Washington 98057 • rentonwa.gov
Check Requeor Non Vendor Refund or - 'mbursement
This form is used only or onetime vendors. Please contact Acc—Its Payable if you have
any questions regarding one time vendors.
Check will be included in the newt scheduled A/P check run and mailed or released after Council approval.
Check Request Info:
Requestor's name:
P able to:
A
Date of request:
Requestor's department/division:
�
] PLAN
it addre s or chec
61
Bcx L>: V �1
Requestor's ext. #:
x. 7�>'ac-,),
Check amount: Account number(s) to charge: I Amount per account #:
S ( . Coo , o00 . s r r , c , ex l C) C), C
c
Reason for refund or reimbursement: 4D yvt Jit 1 T
�-- U (C i -'row PE-rautiD �1 O-ZCXDf C:)O
Check handling request:
PL
Approval Signature:
Requester's Department Administrator,
Divisipp Direptor or designee:
Signature:
print name of signer on above line
Date: iwat 127r 2-010
`The person approving this check request must be an authorized signer.
Q:\DATA_CenterlFormsTinancel2407_Check Request for ]von Vendor Round or Reirnbursemcnt (print and fill in)Aoc Pint and Fill In Farm, July 2007
CITY OF RENTON
DEPARTMENT OF COMMUNITY & ECONOMIC
DEVELOPMENT
MEMORANDUM
Date: June 22, 2010
To: City Clerk's Office
From: Stacy M Tucker
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office.
Project Name: Bang Addition
LUA (file) Number: LUA-10-033, SMF
8
Cross -References: j
AKA's:
Project Manager: Gerald Wasser
Acceptance Date: April 29, 2010
Applicant: Robert Bonner - RGBJR Design
Owner: Dae Hee Bang
Contact: Robert Bonner - RGBJR Design
PID Number: 3342700310 3
ERC Decision Date:
ERC Appeal Date:
Administrative Approval: May 19, 2010
Appeal Period Ends:
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Date:
Date Appealed to Council:
By Whom:
Council Decision: Date:
Mylar Recording Number:
Project Description: The applicant is requesting the approval of a Shoreline Exemption for a 756
square foot addition to an existing 2,670 square foot single-family residence with an attached
carport.
Location: 3611 Lake Washington Blvd N
Comments: Administrative Variance was not necessary for this proposed project, variance fee
refunded on 5/13/10. u
k
L, UA (r, -- o, -3 -
City of Renton' Of Renton
F � nr7irtQ Divi io.,�
LAND USE PERMITAPR 9
�or�
w■ w ^0701�M w r%r%l 1r% w m1r1r%2k1__
ADDRESS: 9611 L44 WA&1K"rcN a`o.
CITY: PZNTON ZIP: 418
COMPANY (if applicable)- F4rtwA pesl(5+4
ADDRESS: I W7 'ooNe G P�\11� we
CITY: _r ZIP:16oG6
TELEPHONE NUMBER: GS 279 331
CONTACT PERSON
NAME: SANS AS AOOVE
COMPANY (if applicable):
ADDRESS:
CITY: ZIP:
TELEPHONE NUMBER ,AND EMAIL ADDRESS:
1 � 1r iJ� ��i'ti• ��
PROJECT OR DEVELOPMENT NAME:
Ne* P sr-
PROJECT/ADDRESS(S)lLOCATION AND ZIP CODE:
3611 1-k. WposliIN6Tau 6,va
eNTa4 j WA. °18 05h
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
??*Z7o0-3a0
EXISTING LAND USE(S): R.F610ENnAL.
PROPOSED LAND USE(S): P *f. _ l 1* rjAL"
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
%S1PUNTI ASL. GI N&Lre F4MIL-Y
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
(if applicable)
EXISTING ZONING:,,,�
PROPOSED ZONING (if applicable):
SITE AREA (in square feet): 3..-'70 3
SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE
DEDICATED:
SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
ACRE (if applicable)
NUMBER OF PROPOSED LOTS (if applicable) O
NUMBER OF NEW DWELLING UNITS (if applicable): 0
C:U)OCCME--1VghjrUf)CAL&--11Templmasterapp.doc -1 - 06/09
PV AECT INFOR
NUMBER OF EXISTING DWELLING UNITS (if applicable)
I
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable): "'Geo
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): 2. 6-70
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable): 664
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): O
NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if
applicable): 6
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW
PROJECT (if applicable):
VIA
TION (conti„4.ed)
PROJECT VALUE:
300L
:i
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
0 AQU [FIER PROTECTION AREA ONE
L)AQUIFIER PROTECTION AREA TWO
Ll FLOOD HAZARD AREA sq. ft.
❑ GEOLOGIC HAZARD sq. ft.
L3 HABITAT CONSERVATION sq. ft.
Ll SHORELINE STREAMS & LAKES sq. ft.
LI WETLANDS sq. ft.
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE QUARTER OF SECTION, TOWNSHIP, RANGE, IN THE CITY
OF RENTON, KING COUNTY, WASHINGTON
TYPE OF APPLICATION & FEES
..List all la
nd use applications being applied for:
• 'Mlf r—VII. No
.t, s1� �1 ►
3.
4.
Staff will calculate applicable fees and postage: $
AFFIDAVIT OF OWNERSHIP
I, (Print Name/s)r73Lj
declare under penalty of perjury u0er the laws of the State of
Washington that I am (please eck on _ t current owner of the property involved in this appYcation or the authorized representative to act
for a corporation (please attach oof of auth " tion) and that the foregoing statements and answers herein contained and the information herewith are
in all respects true and correct to he best of knowledge and belief.
(Signature
(Signature of
AILEEN SAORI EGAWA
NOTARY PUBLIC
STATE OF WASHINGTON
Cot,11.115SIGN EXPIRES
1 certify that 1 know or have satisfactory evidence at ZB �F r'}� t At-
signed this imitrument and acknowledge it to beiher/their free and voluntary
act for the uses and purposes mentioned in the i rument.
l(" -
Notary Public in and for the State of Washington
Notary (Print) aL- (-ems " oy t� GC G�•�
r
My appointment expires: Ove
http: www.rclrton-+.gov/ FI&1)?jdi'kilslPBPV#f/DEVSERV/FORMS_P],ANNING/maslerapp.doc -2-
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE QUARTER OF SECTION, TOWNSHIP, RANGE, IN THE CITY
OF RENTON, KING COUNTY, WASHINGTON
TYPE OF APPLICATION & FEES
..List all la
nd use applications being applied for:
• 'Mlf r—VII. No
.t, s1� �1 ►
3.
4.
Staff will calculate applicable fees and postage: $
AFFIDAVIT OF OWNERSHIP
I, (Print Name/s)r73Lj
declare under penalty of perjury u0er the laws of the State of
Washington that I am (please eck on _ t current owner of the property involved in this appYcation or the authorized representative to act
for a corporation (please attach oof of auth " tion) and that the foregoing statements and answers herein contained and the information herewith are
in all respects true and correct to he best of knowledge and belief.
(Signature
(Signature of
AILEEN SAORI EGAWA
NOTARY PUBLIC
STATE OF WASHINGTON
Cot,11.115SIGN EXPIRES
1 certify that 1 know or have satisfactory evidence at ZB �F r'}� t At-
signed this imitrument and acknowledge it to beiher/their free and voluntary
act for the uses and purposes mentioned in the i rument.
l(" -
Notary Public in and for the State of Washington
Notary (Print) aL- (-ems " oy t� GC G�•�
r
My appointment expires: Ove
http: www.rclrton-+.gov/ FI&1)?jdi'kilslPBPV#f/DEVSERV/FORMS_P],ANNING/maslerapp.doc -2-
Printed: 04-29-2010
Payment Made
CITY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA10-033
04/29/2010 04:33 PM
Total Payment: 1,200.00
Current Payment Made to the Following Items:
Receipt Number:
Payee: DAE HEE BANG
Cit 'y of
Planning C7iuisio n
AYH 9 9
Trans
Account Code
Description
Amount
------
5022
------------------
000.345.81.00.0019
------------------------------
Variance Fees
----------------
1,200.00
Payments made for this receipt
Trans
Method Description
Amount
----------
Payment
-------- ---------------------------
Check 393
---------------
1,200.00
Account
Balances
Trans
Account Code
Description
------------------------------
Balance Due
---------------
-------
3021
---------------------
303.000.00.345.85
Park Mitigation Fee
.00
5006
000.345.81.00.0002
Annexation Fees
.00
5007
000.345.81.00.0003
Appeals/Waivers
.00
5008
000.345.81.00.0004
Binding Site/Short Plat
.00
5009
000.345.81.00.0006
Conditional Use Fees
.00
5010
000.345.81.00.0007
Environmental Review
_00
5011
000.345.81.00.0008
Prelim/Tentative Plat
.00
5012
000.345.81.00.0009
Final Plat
.00
5013
000.345.81.00.0010
PUD
.00
5014
000.345.81.00.0011
Grading & Filling Fees
_00
5015
000.345.81.00.0012
Lot Line Adjustment
.00
5016
000.345.81.00.0013
Mobile Home Parks
.00
5017
000.345.81.00.0014
Rezone
.00
5018
000.345.81.00.0015
Routine Vegetation Mgmt
.00
5019
000.345.81.00.0016
Shoreline Subst Dev
.00
5020
000.345.81.00.0017
Site Plan Approval
.00
5021
000.345.81.00.0018
Temp Use, Hobbyk, Fence
_00
5022
000.345.81.00.0019
Variance Fees
.00
5024
000.345.81.00.0024
Conditional Approval Fee
.00
5036
000.345.81.00.0005
Comprehensive Plan Amend
.00
5909
000.341.60.00.0024
Booklets/EZS/Copies
_00
5941
000.341.50.00.0000
Maps (Taxable)
.00
5954
650.237.00.00.0000
DO NOT USE -- USE 3954
.00
5955
000.05.519.90.42.1
Postage
.00
5998
000.231.70.00.0000
Tax
.00
Remaining
Balance Due: $0.00
R1001968
HILLMANS LK WN GARDEN OF EDEN # 2 S 7 FT OF 60 & ALL OF 61 & N 8
FT OF62&WLY 15 FT OF FORMER R R R/W ADJ ON E E 10 FT FOR RD&
SH LDS ADJ ON W TGW POR LOT 62 LY NLY OF LN DAF- BEG W 1/4 STR
32-24-5 TH S89 -23-22W 62.53FT TO A 3/4" IRON PIPE SD PT 35 FT WLY
MEAS PRPDIC FROM AS -BUILT C/L NP RR TRACK AS EXSISTED 11-16-
1984 TH N 18-17-02 E PLW & 35 FT WLY SD TRACK C/L 108.68 FT TO A
H UB TACK SD PT BEING 3.15 FT S OF POWER POLE & TPOB OF LN - TH S
89-30-57 W 14.94 FT TO A R -K NAIL IN SE CDR 6 FT RETAINING WALL TH
CONT S 89-30-57 W 65.74 FT TO A P -K NAIL IN BULK- HEAD ON LK
WASH SD PT NXN OF BULKHEAD LN TO S & RETAIN- ING WALL TO E TH
S 88-45-34 W TO INNER HARBOR LN & TERM SD LN PER SURV REC
#9106069003 PER KC SCC #85-2-17170-5 TGW SH LDS ADJ
City of Fenton
Planning Division
APR 2 1910
DENSITY
WORKSHEET
City of Renton Planning Division
9055 South Grady Way -Renton, WA 98057
Phone: 425-430-7200 Fax: 425-430-7231
1. Gross area of property:
City of
D�vls'o��
4r, °
9 11i�j
1. 1703 square feet
2. Deductions: Certain areas are excluded from density calculations.
These include:
Public streets*"
Private access easements**
Critical Areas*
Total excluded area:
3. Subtract line 2 from line 7 for net area
4. Divide line 3 by 43,560 for net acreage:
5_ Number of dwelling units or lots planned
6. Divide line 5 by line 4 for net density:
4 square feet
d square feet
square feet
2. 0 square feet
3. -3/703 square feet
4. + C) acres
5. 1 unitsllots
6. = dwelling units/acre
*Critical Areas are defined as ``Areas determined by the City to be not suitable for
development and which are subject to the City's Critical Areas Regulations
including very high landslide areas, protected slopes, wetlands or floodways."
Critical areas buffers are not deductedlexcluded.
** Alleys (public or private) do not have to be excluded.
http:I/rernorkwa.gov/uploadedFiies/BusinessiPBPWfDEVSERV/FORMS P1.ANNINGIdcnsity.doc - 1 - 03108
city oi Renton
Pt�nn+ng DMSi Orl
rj�jL�,LE V LSD
Project Narrative:
To the Planning Division for a Variance,
- The Bang Project
- Lot Area: 3,703
- Size of Existing home: 2,670sq.ft, Size of Proposed home: 3,426sq.ft, an addition
of 756sq.ft. of Living space.
- Address: 3611 Lake Washington Blvd, N.
- A Variance is needed in order to add on to the existing home, even though there
is an existing Carport which covers more area then what is being proposed.
- Zoning for the Property and the Adjacent Properties is R-8.
- Setback for the Front yard is 20' for Garage and 15' for Living, since the Garage is
on the Main floor we are asking permission to set the Garage with in 15' from the
setback and is the only way we can have a useable, code compliant in length
Garage.
- We need a minimum Front Setback of 5' for the Front.
Current Use is as a Single Family Residence, no existing improvements.
- Site Features: Waterfront property on Lake Washington.
There are no issues with the soils or issues with drainage.
- The Proposed use is the same, Single Family we are proposing to add additional
living space that will have less impact to the site than the existing Carport's
footprint. For example, this existing home has a footprint of 1,837sq.ft, while we
are proposing a smaller footprint of 1,612sq.ft. The new addition will conform to
existing easements unlike the Carport. The existing Lot Coverage is at 501%, while
the proposed addition would be at 44%. With this proposed project we are not
adding to the Bedroom count, we are just making the Bedrooms more usable.
We are adding a few new bathrooms; the existing home had 2.5 bathrooms,
while the proposed will have a total of 4.5 bathrooms. The existing home had a
1507 Jones Ave. N.E., Renton, WA 98056 info@rgbjr.com 425-279-3317
carport, while we are proposing a screened Garage to cover the cars and have
storage for a lawn mower and garbage.
Access to the Property will be the same as the existing, but the Proposed will
have a defined entry to the home.
The property will have a new driveway and will improve the alleyway.
- The proposed construction value is estimated to cost $300,000. The estimated
fair market value of the proposed addition including the existing home would be
around 1.2 Million.
- There will be minimal fill or excavation since the area of proposed work is within
the existing Carport area.
- There are no existing trees that are proposed to be removed.
- There is no land that is dedicated to the City of Renton.
No proposed Job Shacks, Sales Trailers, or Model homes.
- Closest area to High Water Mark would be 40'.
- There is an existing Bulk Head with an existing dock.
- The addition will be mainly to the front of the home, the existing home will
increase in height but not above the existing height restriction.
1507 !ones Ave. N.E., Renton, WA 98056 info@rgbjr.com 425-279-3317
City of Renton
Planning Div Sion
AFK 7 4 Z1119
IFR LrECCEONIIT �10
Justification for the Variance Request:
• The applicant suffers undue hardship and the variance is necessary because of special
circumstances applicable to subject property, including size, shape, topography, and location
or surroundings of the subject property; and the strict application of the Building & Zoning
Code is found to deprive subject property owner of rights and privileges enjoyed by other
property owners in the vicinity and under identical classification
• The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which subject property
is situated
• Approval shall not constitute a grant of special privilege inconsistent with the limitation
upon uses of other properties in the vicinity and zone in which the subject property is
situated
• The approval, as determined by the Reviewing Official, is the minimum variance that will
accomplish the desired purpose.
The applicant suffers undue hardship, and the variance is necessary because of the small size of the lot
that this subject property is located on. The lot is 3,703 square feet and is a small lot for the R-8 zoning,
according to Title IV Development Regulations, a minimum lot size is 4,500 to 5,000 sq.ft. The lots on
Lake Washington Blvd. are known to be small lots and would be better if they were possibly zoned
differently? If you look at the surround properties, to the South and the North, majority of the
homeowners on lake Washington Blvd. have applied for a Variance and have built within their front
setbacks. This property suffers further restrictions due to two easements on the property which have
been respected in this Proposal. Therefore the only area of expansion is a wall and a roof eave that is in
the Setback. On the submitted documents, A-1 shows the easements and the proposed addition which
has a smaller footprint than the existing Carport. With this proposed addition, we are conforming to the
easements, making this property more conforming. looking at Title IV Development Regulations, the
Setbacks area of the City of Renton Codes shows that 15 ft is the Front Set back. We are proposing that
majority of this project would respect this setback; it is also because the easement is set at this 15 feet.
Twenty nine feet of the total front width proposed out of the Thirty foot width of the Main Floor would
be within the 15 foot setback, but it is a Garage and not a living Space which requires a 20' setback. The
second story has a length of Eight feet that cantilevers into the front setback and is an area that is not
within the easement. This small upper portion of the addition is setback 10' instead of the 15' that
majority of the project sits within_ Title IV Development Regulations, in the Setbacks area of the City of
Renton Codes, shows that a setback can be reduced to 10 feet if all parking is provided with access from
1507 Jones Ave. N. E., Renton, WA 98056 info@rgbjr.com 425-279-3317
an alley, which this site has, but is not the typical layout defined by the code. There is a wall that is One
foot wide that is not within an easement and this wall is sets back five feet from the property line and it
is a wail that defines the end of the two easements. Therefore we are proposing a Minimum Setback of
5'. This is one of the major reasons for the Variance. This wall is only one foot in width, and out of the
Thirty feet, this portion is a small part of the total width of the front of this proposed project. This is
only 3% of the projects width. If you look at the neighboring projects, majority of the additions,
remodels, or new homes have been built within the Front setback and with the majority with only a Five
font setback. With this project asking for only 3% of the proposed front to be within the 5' setback, it is
a very reasonable compromise compared to what the surrounding neighbors have built to. The other
reason for the Variance is for the Northern corner towards the East. This portion of the proposal sits
beyond the existing Carport Footprint, and because the Garage needs to be setback 20 feet instead of
the 15' for living space we are in need of a variance. I have submitted over photos of the surrounding
homes to show what the neighboring houses look like. These submitted photos will show what the
newer projects look like and how they have been built with a Front setback of only Five feet. This
project would fit in to the surrounding homes, and yet it would have majority of the home within the
Title IV Development Regulations, majority of this project regards the Setbacks area of that are defined
in the City of Renton Codes.
Granting this variance will not be materially detrimental to the public welfare or injurious to the
neighboring properties. The improvements to this site would also improve the vicinity and zoning in
which subject property is situated. Allowing the addition to be built will not only improve the
surrounding area but would help this property to blend in with the surrounding properties. As you can
see from the submitted photos, this existing home looks out of place, and it is not fulfilling the proper
development of the site that this property owner could enjoy.
Approval of this Proposal will not constitute a grant of special privilege inconsistent with the limitation
upon uses of the other neighboring properties in the vicinity and zone in which the subject property is
situated. We are not taking advantage of the 5' setback as the neighbors have. If this site could utilize
more of the variance we would, but due to the easement and the functions of the Garage, and
Bedrooms above, we did not need to use more than what is being proposed.
We are applying for the minimum variance that will accomplish our desired purpose. With the
easements that are currently burdening our site, we are designing the home within the constraints.
Please give me a call or email if you have any further questions that I can answer. Thank you for
reviewing this project.
Thanks,
Robert G. Bonner Jr.
1507 Jones Ave. N. E., Renton, WA 98056 info@rgbjr.com 425-279-3317
:WHEN REOORDED RETURN TO: Ai
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Addtes�: 3611 Lake Washington Boulevard N. 2N9 01001 l3Renton
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Piled for Record at Recpmt Me ,
STATUTO'RY W.A'AliA. ITY DEED
THE GRANTOR(S), Rob,i D..i?eha>and ITonna V. Pelta, hzt�band and wife for and in consideration of Ten
Dollars and other good iinkusluabie"cots deratioh is hapd paid,, conveys, and warrants to Dae Hee Banglq[tnh
the following described real esW, situated ialBe Gburq of King, State of Washington:
** Al Unmarried Person
The South 7 feet of Lot 60, all of Lot and the;North 8 feet of Lot 62, B1oC1c A, Hillman's Lake
Washington Garden ofEden Addition" . 2, a }hg4a the`plat tha-.16 ordcd in Volume I l of Plats,
Page 64, rc*otds of King County,
Together with Seoond Class Shorelands. RECOR D :.
RAINJER-TITLE
Parcel B: AKA 5"�
That portion of the•#4ght of way of the Northern Railway g6mpimX £or its "Lake Washirw n
A
Relthne" as same sted tin and prior to March 2 1936, Iying V*est5irly bf a litre`€ arallyl tq-and:distant
35 feet Wc§teaiy m' casured.at right angles to the erline of the main track of said Lake Washington
beltline, aiid bet,9 cm: ast6rly production of the erly litre of the South 7 feet of said Int 62 in Block
"A" arrd:ihe5teriy.;production of the Southeriy 1' of the Niorth 8 feet ofsaid" pt 6Z in ]Block "A" of
said Hillman's Lalstr' Wasiiirlgtplp Csarden of Eden tion to Seattle No. 2;
Except the lresloly 101`eet thereof; "..
Except that portioIl cif tbt above described Parcels A lying South of a line described as follows:
Commencing at the m6m mented cededine of Soi4thmt 1° Street (Grifftth Avenue) and 104`" Avenue
Southeast (Hillman l3aazlevaK j as sliuwln or -s- Plat of 's View Addition" as recorded in Volume 58
of Plats at page 46 and on the Plat'bFC it flil ratan°s r ashington Garden of Eden" Addition to
Seattle NO. 2 as reeord4in Volume I l ofPlaig-at z% 64, ds of King County Auditor,
Washington;
Thence South 000 00' 00" East along the.oenteriill�of 1041° A Southeast, 670,60 feel to a point on
the EasK-West oenterlinc of Socrion 32, TownsllV 24 North,. " 5 Easi, W.M., in King County,
Washington as drown on said Lake Vlf.Ashing[dn Gardt�l of Fd let;
Theme South 89" 23' 22" West 1298.3ftifdi to Phe West . comer of said Section 32;
Thence continuing South 991 23' 22" West, 62-53 febt,tq•e bTM pipe said ]S01nI is 35 feet Westerly, as
measured perpendicular From the as -built ccutcriint of the N4 Erb' rc R&Qr may. Company's railroad
tracks as they existed on November 16, 1984; '
Thence North 18° 17' 02" East parallel with and 35 feet Wiestetly of ' . railrbW track centerline 108.68
feet to a hub and tack, sail point being 3.15 feet South Apni existipg ➢ver pole.and the Truc:poittt of
Beginning of the herein described line;
Thence South 890 30' 5T' West, 14.94 fed to a P -K nail set of itie t cprner of a 6" high retaining
wall;
Thence continuing South W 30' 57" West, 65.74 fact to a P-Knail set.. thehWdkadMiike
Washington, said point is at the intersection of the bulkhead line to the utlh and the rrxaiii* wulfto tbi -
East;
Thence South 88° 45' 34" West to the inner harbor line, and the temimts int of #his liiie description; . ,-
Situate in the County of King, State of Washington.
E2385399 ...
SHM,i1 yygg�R
;t,ssiM,�R.e! PkCEN1 of 001
EXHIBIT
Parcel -A.,
Tbe'SOuth 7 feet of Lot 60, all of Lots 61 and 62, Block A, Hillman's Lake Washington Garden of Eden
Addition N6.2, ac;ording to the plat thereof recorded in Volume I I f Plats, page 64,
um 0 a records of King
TOgether vWth Second .'lass
Parcel B:
That portion of theright9k*ay.--bf the
Nol*ern POCH,
mkc Railway Company for its "Lake Washington
Behline" as same exilitM'on and prior to Marcti4i
3 5 feet Westerly measured afii 1916, lying Westerly Of 0, line parallel to and distantE
gh� angle� to 1�0 centerline pftbe main ftack:of said Lake Washington
beltline, and between aSterjy.O"Ucti6n outhe. iorth . i�rlv _ line otthe So4 7 feet of said Lot 62- in Block
"A52 and the Easterly production of the I Southerl�y line of the North 'a feet. ofd id Lot 62 in B lock "A" of
said Hillman's Lake Washington Garen Bden,&4ditiodjo
Nb
Except the Easterly 10 feet thereof;
Exc"t that Portion of above described Parcels A aW,.q. bchig
$OU of.aLline-ducribOd as foll6ws:
commencigg at themonutnented centerline of Southeast a& S
ti�eettGrd tIt'Avehue)-jjWr-'l"-th Avenue
Southeast-Willmanpage
Boule*ard) as shown on the Plat Of "Hue's View A44itio`e as rero-r4d ifti"V'alume
58 of Pla's at Phge 46 an4-' On the Plat of C.D. Hillman's "Lake Washingtom-Gar.den:.'of.Eden" Addition to
Seattle NO. 2'as recorded in Volume I I of Plats at page 64, records of King Cotkq,
Washflngton;,
Theri6e Soudi"0611 00?: -:6
P" East-alonj the centerline of 10e Avenue Southeast, 670.60 feet to a point on
the East"'West centptl irk of Sect on 3.2, Township 24 North, Range 5 East, W.M., in King County,
WashingtOiy as Aovvn;`on said Lake .Wftsg!n9ton -.Qarden ofEdcn Plat -
Thence South 99' 23'22"'%4 t 1290:.-80 fe4 to tfi,c West one-quarter corner of said section 32;
Thence continuing South 89' 23'42" W6t, 62.53.- fbOt to -a'/4" iron pipe, said point is 35 feet Westerly,
as measured perpendiciA§r. ft oeftwirfi�e of -'the Northern Pacific Railway Company's
i th6 as -bui
railroad tracks as they existed on November 16, 19$4;
5
Thence North 18° 17' 02" Fast paHdlel with' and 3"- fejt Westerly of railroad track centerline 108.68
-feet to a hub and tack sail point be k -I ' 1. 5M,fb:e't South- of a3' existing pvWer pole and the True Point of
Beginning of the herein described line-,
Thence South 89* 30' 57" West, 14.94 feet to a. P -K nail set.;it *th
t the rner-of a 6" high retaining
wall; .east c�d
'Mence continuing South 89' 30' 57" West, 65.74 feet to.a Pk nail actin the buJkhW P&La.ke
Washington, said point is at the intersection of the bulkhead.1i.ac.io the so.liffi d th ; e.re . taining ... wall to
the East;
Thence South 880 45" 34" West to the inner harbor line, and the terthinus point of
Situate in the County of King, State of Washington.
EXEMIT A
12. Ea'semor t and the terms and conditions thereof:
Grantee: Puget Sound Power & Light Gompany
Purpose; . Electric Transmission and/or Distribution Lines
.Areairected: a portion of said premises
Reobrded. ,' : April 23, 1928
Recordirg• No.: 2459550
13. jl�asametit aid the terms_ and conditions thereof:
Carantee: Puget Sound Power & tight Company
Purpose: :` Eric Tra_tatsP'rtiissian and/or Distribution Lines
Area affected: -a portion of said premises
Recorded, JWy 31,,-1939 ,.
Reobrdirig Nei-:`` 30569(1f1
14. Eascm= and t]iB terq and 90nditions,t4egeo
Grantee: C." of Rmtob"U nutmc*:corpixakion
puri se: Sanitary rower main link aced al7purtenaac'm
Area affected: `" Portion of the haoizr.Aoe iznW land
Recorded: March 23, 1972
Recording No_: 7t32�11341 .'
15, Easement and the terms and conditions tho-reof as disdosed:by Stitut{ ry Warranty Deed:
Recorded: April 8, 1945
Recording filo. 85M80724,%
Grantee: Puget Sound PoWerand Limit Company
Purpose: Not disclosed
Ar0a affected:"`'>: Easterly portion
r
1$. Bwmxat a�d thr-U= And conditions thereof
Graatac : City of Reatan, a nxinicipal corporation '-
=; .1'ubiic utilities (including water, wastewater and stere wafer);ivith necessary
Awa d•' Eastedy 15 fed
Recomded: Amt 4,1998
R=*rdingNo: 4808041'$92
17. Mancta ad forth by ,
Recxg'"; Jtn c 4 1909, Juan 6, 1991 and July 2, 2002
Rcco�imgNwr "" $904W2,9002, 9106(169003 and 20020702900004
18. Right of the State of Wa tgton,:in ar4r# tQ that portion, if any, of the land herein described which
Des below the line of'ordinary.hlgh worst � l to [,ake..Washington.
19. Rights of state of Washington to t1t f Portionofthe land, if:any, lying in the bed of Lake
WashIrIgton, if that waterway is.navrgabfe.
20. Any restrictions on the use of any portiot10,
the land sulk to srgence that derive from the
rights of the public and riparian ownets to use airy waters which may cover that portion.
21 _ Rights and easemerds of the pubf c for coMuneroe, navigation,;rx�{eati A anti.fsheries.
22. Arty prohi'boon of or {imitation of use, oocttpancy:Qr oproveraent,o€ the "land resulting from the
rights of the public or riparian owners to use any po►tior which is.,now. or:'hasforFnerly4een,
covered by water.
23. location of the lateral boundaries of second class tidelands and shioreiands:"--
IPS, 10-05 (1-1)"
0ty Of Keaton
';;3f11"lill[� DviSlon
API' , 9 2018
Escrow Number: 445803
Filed for Record at Request of: Rainier Title
STATUTORY WARRANTY DEED
THE GRANTOR(S), Robert D. Peha and Donna V. Peha, husband and wife for and in consideration of Ten
Dollars and other good and valuable consideration in hand paid, conveys, and warrants to Dae Hee Bangle
)pgayX the following described real estate, situated in the County of King, State of Washington:
** A Unmarried Person
Parcel A:
The South 7 feet of Lot 60, all of Lot �
Washington Garden of Eden Addition
page 64, records of King County, Way
Together with Second Class Shorclands.
Parcel B:
�C 6 a godged � v. `hj !- A
and the North 8 feet of Lot 62, Block A, Hillman's Lake
t. 2, according to the plat thereof recorded in Volume 11 of Plats,
That portion of the right of way of the Northern h
Beltline" as same existed on and prior to March 2
35 feet Westerly measured at right angles to the c
beltline, and between Easterly production of the r
"A" and the Easterly production of the Southerly
said Hillman's Lake Washington Garden of Eden
Except the Easterly 10 feet thereof;
Except that portion of the above described Parcels A
Aql /4-f
RECORDED BY
RAINIER TITLE
fie Railway Company for its `.`Lake Washington
1936, lying Westerly of a line parallel to and distant
erline of the main track of said Lake Washington
erly line of the South 7 feet of said Lot 62 in Block
of the North 8 feet of said Lot 62 in Block "A" of
1 'tion to Seattle No. 2;
Iying South of a line described as follows:
Commencing at the monumented centerline of Southeast 8 th
Southeast (Hillman Boulevard) as shown on the Plat of "B '
of Plats at page 46 and on the Plat of C.D. Hillman's "Lake
Seattle NO. 2 as recorded in Volume 11 of PIats at page 64,
Washington;
Thence South 00° 00' 00" East along the centerline of 1041" A
the East-West centerline of Section 32, Township 24 North, R
Washington as shown on said Lake Washington Garden of Ec
Thence South 89° 23' 22" West 1298.80 feet to the West one-
Street (Griffith Avenue) and 1041h Avenue
s View Addition" as recorded in Volume 58
ashington Garden of Eden" Addition to
cords of King County Auditor,
Southeast, 670.60 feet to a point on
5 East, W.M., in King County,
-r corner of said Section 32;
Thence continuing South 89° 23' 22" West, 62.53 feet to a'/" irok pipe, said point is 35 feet Westerly, as
measured perpendicular from the as -built centerline of the Northe Pacific Railway Company's railroad
tracks as they existed on November 16, 1984;
Thence North 18° 17' 02" East parallel with and 35 feet Westerly of aid railroad track centerline 108.68
feet to a hub and tack, sail point being 3.15 feet South of an existing wer pole and the True Point of
Beginning of the herein described line;
Thence South 89° 30' 57" West, 1494 feet to a P -K nail set at the Sout east corner of a 6" high retaining
wail;
Thence continuing South 89° 30' 57" West, 65.74 feet to a P -K nail set i the bulkhead on Lake
Washington, said point is at the intersection of the bulkhead line to the S uth and the retaining wall to the
East;
Thence South 88° 45' 34" West to the inner harbor line, and the terminus oint of this line description;
Situate in the County of King, State of Washington.
E2385399
04/03/2009 14;11
KING COUNTY, WA
TAX6s19,585.00
SALE 51,100,000.00
PAGE001 OF 001
SUBJECT TO: See attached Ex A, which is made a part hereof by this ref - -ce.
Abbreviated Legal: (Required if full legal not inserted above.)
Tax Parcel Numbers): 334270031001
Dated: March 24, 2009
LGA`
- /X, 'It, C- � � R Bert D. PehaDonna V. Pcha
STATE OF Washington
ss.
COUNTY OF King
Mal MA
I certify that I or have satisfactory evidence that Robert D_ Pe a d Donna V. Peha are the persons who
appeared befo nd said persons acknowledged that (he/shel ey} igned this instrument and acknowledged it
to be (his/her their} ee and voluntary act for the uses and purposes r
tioned in this instrument.
�1Dated:
Notary name printed or typed: lett tU IV -U
Notary Public ' and f r the State of Washington
Residing at i'rL Q
My appointment expires: 3
LINDA MAl_TOS~
NOTARY PUB1_IC
5TA FE OF WASHINGTON
COMMISSf0N i xPIRES
MARCH 29, 201p
EXHIBIT A
Parcel A:
The South 7 feet of Lot 60, all of Lots 61 and 62, Block A, Hillman's Lake Washington Garden of Eden
Addition No. 2, according to the plat thereof recorded in Volume l l of Plats, page 64, records of King
County, Washington;
Together with Second Class Shorelands.
Parcel B:
That portion of the right of way of the Northern Pacific Railway Company for its "Lake Washington
Beltline" as same existed on and prior to March 23, 1936, lying Westerly of a line parallel to and distant
35 feet Westerly measured at right angles to the centerline of the main track of said Lake Washington
beltline, and between Easterly production of the northerly line of the South 7 feet of said Lot 62 in Block
"A" and the Easterly production of the Southerly line of the North 8 feet of said Lot 62 in Block "A" of
said Hillman's Lake Washington Garden of Eden Addition to Seattle No, 2;
Except the Easterly 10 feet thereof;
Except that portion of the above described Parcels A and B lying South of a line described as follows:
Commencing at the monumented centerline of Southeast 86`x' Street (Griffith Avenue) and 1041" Avenue
Southeast (Hillman Boulevard) as shown on the Plat of `Rue's View Addition" as recorded in Volume
58 of Plats at page 46 and on the Plat of C.D. Hillman's "Lake Washington Garden of Eden" Addition to
Seattle NO, 2 as recorded in Volume 11 of Plats at page 64, records of King County Auditor,
Washington;
Thence South 000 00' 00" East along the centerline of 104'" Avenue Southeast, 670.60 feet to a point on
ine East-West centerline of Section 32, Township 24 North, Range 5 East, W.M., in King County,
Washington as shown on said Lake Washington Garden of Eden Plat;
Thence South 89° 23' 22" West 1298.80 feet to the West one-quarter corner of said Section 32;
Thence continuing South 89° 23' 22" West, 62.53 feet to a %" iron pipe, said point is 35 feet Westerly,
as measured perpendicular from the as -built centerline of the Northern Pacific Railway Company's
railroad tracks as they existed on November 16, 1984;
Thence North 18" 17' 02" East pak'allel with and 35 feet Westerly of said railroad track centerline 108.68
feet to a hub and tack, sail point being 3.15 feet South of an existing power pole and the True Point of
Beginning of the herein described line;
Thence South 89° 30' 57" West, 14.94 feet to a P -K nail set at the Southeast corner of a 6" high retaining
wall;
Thence continuing South 89° 30' 57" West, 65.74 feet to a P -K nail set in the bulkhead on Lake
Washington, said point is at the intersection of the bulkhead line to the South and the retaining wall to
the East;
Thence Sough 88° 45' 34" West to the inner harbor line, and the terminus point of this line description;
Situate in the County of King, State of Washington.
EXHIBIT A
12. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power & Light Company
Purpose: Electric Transmission and/or Distribution Lines
Area affected: a portion of said premises
Recorded: April 23, 1928
Recording No.: 2459550
13. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power & Light Company
Purpose: Electric Transmission and/or Distribution Lines
Area affected: a portion of said premises
Recorded: July 31, 1939
Recording No.: 3056900
14. Easement and the terms and conditions thereof
Grantee: City of Renton, a municipal corporation
Purpose: Sanitary sewer main line and appurtenances
Area affected: Portion of the herein described land
Recorded: March 23, 1972
Recording No.: 7203230341
15. Easement and the terms and conditions thereof as disclosed by Statutory Warranty Deed:
Recorded:
April 8, 1985
Recording No.
8504080724
Grantee:
Puget Sound Power and Light Company
Purpose:
Not disclosed
Area affected:
Easterly portion
16. Easement and the terms and conditions thereof
Grantee:
City of Renton, a municipal corporation
Purpose:
Public utilities (including water, wastewater and surface water) with necessary
appurtenances
Area affected:
Easterly 15 feet
Recorded:
August 4, 1998
Recording No.:
9808041892
17. Matters set forth by Survey:
Recorded: June 2, 1989, June 6, 1991 and July 2, 2002
Recording No.: 8906029002, 9106069003 and 20020702900004
18. Right of the State of Washington in and to that portion, if any, of the land herein described which
lies below the line of ordinary high water of the Lake Washington.
19. Rights of State of Washington to that portion of the land, if any, lying in the bed of Lake
Washington, if that waterway is navigable.
20. Any restrictions on the use of any portion of the land subject to submergence that derive from the
rights of the public and riparian owners to use any waters which may cover that portion.
21. Rights and easements of the public for commerce, navigation, recreation and fisheries.
22. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the
rights of the public or riparian owners to use any portion which is now, or has formerly been,
covered by water.
23. Location of the lateral boundaries of second class tidelands and shorelands.
LPB 10-05 (i-1)
if you 4ant information aboul coverage or need assistance to resolve Complaints, piease call our tall free number:
furnish written notice in acwrdance with Section 3 of 1he_Conditions.
American Land Title Association
HOMEOWNER'S POLICY OF TITLE INSURANCE
FOR A ONE -TO -FOUR FAMILY RESIDENCE
ISSUED BY
tell art
title guaranty company
29-1902. If you make a claim under your policy, you mu:
Visit our World -Wide Web site at ht1 :11www-stewart.con
aer's Policy
Rev scd 01/01/08
pti js1i11t1C4 i141i4�i1Oi11
As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing at the address shown in
Section 3 of the Conditions.
- - - OWNER'S COVERAGE .STATFMEN f
This Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy. The loss must result
from one or more of the Covered Risks set forth below, This Policy covers only Land that is an improved residential lot on which there is
located a one -to -four family residence and only when each insured named in Schedule A is a Natural Person.
Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event
creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the Policy Date.
Your insurance is limited by all of the following:
• The Policy Amount
•
For Covered Risk 16, 18, 14 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A
• The Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions
• The Exclusions on page 3
• The Conditions on pages 3, 4 and 5.
COVERED RISKS
The Covered Risks are:
I. Someone else owns an interest in Your Title.
2. Someone else has rights affecting Your Title because of leases, contracts, or options.
3. Someone else claims to have rights affecting Your Title because of forgery or impersonation.
4. Someone else has an easement on the Land.
5. Someone else has a right to limit Your use of the Land.
Countersigned by:
Rainier'l'itle
Company
Fverett, WA
City, State
Agent ID #
L §jq rt
garanty company
" z
Lvs:'
Part f of
sPoliry
erial No. 0-9376-182293
Se
Senior Chairman oft a Board
Chairman of the Board
W% ':1r W"'re
COVERED RISKS (Continued)
Your Title is defective. Some of these defects are:
a. Someone else's failure to have authorized a transfer or conveyance
of your Title.
b. Someone else's failure to create a valid document by electronic
means,
c. A document upon which Your Title is based is invalid because it
was not properly signed, sealed, acknowledged, delivered or
recorded.
d. A document upon which Your Title is based was signed using a
falsified, expired, or otherwise invalid power of attorney.
e. A document upon which Your Title is based was not properly filed,
recorded, or indexed in the Public Records.
f. A defective judicial or administrative proceeding.
Any of Covered Risks I through 6 occurring after the Policy Date
Someone else has a lien on Your Title, including a:
a. lien of real estate taxes or assessments imposed on Your Title by a
governmental authority that are due or payable, but unpaid;
b. Mortgage;
c. judgment, state or federal tax lien;
d, charge by a homeowner's or condominium association; or
e. lien, occurring before or after the Policy Date, for labor and
material furnished before the Policy Date.
9. Someone else has an encumbrance on Your Title,
10. Someone else claims to have rights affecting Your Title because of
fraud, duress, incompetency or incapacity.
1 You do not have actual vehicular and pedestrian access to and from the
Land, based upon a legal right.
12, You are forced to correct or remove an existing violation of any
covenant, condition or restriction affecting the Land, even if the
covenant, condition or restriction is excepted in Schedule B. However,
You are not covered for any violation that relates to:
a. any obligation to perform maintenance or repair on the Land; or
b. environmental protection of any kind, including hazardous or toxic
conditions or substances
unless there is a notice recorded in the Public Records, describing any
part of the Land, claiming a violation exists. Our liability for this
Covered Risk is limited to the extent of the violation stated in that notice.
13. Your Title is lost or taken because of a violation of any covenant, condition
or restriction, which occurred before You acquired Your Title, even if the
covenant, condition or restriction is excepted in Schedule B.
14. The violation or enforcement of those portions of any law or government
regulation concerning:
a_ building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; or
f. environmental protection,
if there is a notice recorded in the Public Records, describing any part of
the Land, claiming a violation exists or declaring the intention to enforce
the law or regulation. Our liability for this Covered Risk is limited to the
extent of the violation or enforcement stated in that notice.
15. An enforcement action based on the exercise of a governmental police
power not covered by Covered Risk 14 if there is a notice recorded in the
Public Records, describing any part of the Land, of the enforcement
action or intention to bring an enforcement action. Our liability for this
Covered Risk is limited to the extent of the enforcement action stated in
that notice.
16. Because of an existing violation of a subdivision law or regulation affecting
the Land:
a. You are unable to obtain a building permit.
b. You are required to correct or remove the violation; or
c. someone else has a legal right to, and does, refuse to perform a
Page 2
contract to purchase the [_and, lease it or make a Mortgage loan on it.
The amount of Your insurance for this Covered Risk is subject to Yout
Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
17. You lose Your Title to any part of the Land because of the right to
take the Land by condemning it, if
a there is a notice of the exercise of the right recorded in the Public
Records and the notice describes any part of the [-and; or
b. the taking happened before the Policy Dale and is binding on You it
You bought the land without Knowing of the taking.
18. You are forced to remove or remedy Your existing structures, or any pari
of them - other than boundary walls m fences - because any portion was
built without obtaining a h,__=_kt;na pmnit_fim the pro-gov=nerit officer
The amount of Your insurance for this Covered Risk is subject to Your
Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
19. You are forced to remove or remedy Your existing structures, or any part
of them, because they violate an existing zoning law or zoning regulation.
if You are required to remedy any portion of Your existing structures, the
amount of Your insurance for this Covered Risk is subject to Your Deductible
Amount and Our Maximum Dollar limit of Liability shown in Schedule A.
20. You cannot use the Land because use as a single-family residence violates
an existing zoning law or zoning regulation.
21. You are forced to remove Your existing structures because they encroach
onto Your neighbor's land. If the encroaching structures are boundary
walls or fences, the amount of Your insurance for this Covered Risk is
subject to Your Deductible Amount and Our Maximum Dollar limit of Liability
shown in Schedule A.
22. Someone else has a legal right to, and does, refuse to perform a contract
to purchase the Land, lease it or make a Mortgage loan on it because Your
neighbor's existing structures encroach onto the Land.
23. You are forced to remove Your existing structures which encroach onto
an easement or over a building set -back line, even if the easement or
building set -back line is excepted in Schedule B.
24. Your existing structures are damaged because of the exercise of a right
to maintain or use any easement affecting the Land, even if the
easement is excepted in Schedule B.
25. Your existing improvements (or a replacement or modification made to
them after the Policy Date), including lawns, shrubbery or trees, are
damaged because of the future exercise of a right to use the surface of
the Land for the extraction or development of minerals, water or any other
substance, even if those rights are excepted or reserved from the
description of the Land or excepted in Schedule B.
26. Someone else tries to enforce a discriminatory covenant, condition or
restriction that they claim affects Your Title which is based upon race,
color, religion, sex, handicap, familial status, or national origin.
27. A taxing authority assesses supplemental real estate taxes not previously
assessed against the land for any period before the Policy Date because of
construction or a change of ownership or use that occurred before the Policy
Date.
28. Your neighbor builds any structures atter the Policy Date - other than
boundary walls or fences - which encroach onto the Land.
29. Your Title is unmarketable, which allows someone else to refuse to perform a
contract to purchase the Land, lease it or make a Mortgage loan on it.
30. Someone else owns an interest in Your Title because a court order invalidates a
prior transfer of the title under federal bankruptcy, slate insolvency, or
similar creditors' rights laws.
31. The residence with the address shown in Schedule A is not located on the
Land at the Policy Date.
32_ The map, if any, attached to this Policy docs not show the connect location of
the Land according to the Public Records.
SCHEDULE A
Our name and address is:
Stewart Title Guaranty Company
P.O. Box 2029, Houston, TX 77252-2029
Policy No.: 0-9376-182293 Premium: 52,010.00
Policy Amount: S 1, 100, 000, 00 Policy Date and Time: April 1, 2009 at 2:14 PM
Deductible Amounts and Maximum Dollar Limits of Liability For Covered Risk 16, 18, 19 and 21:
Your Deductible Amount Our Maximum_I1oLu1.imit.o.L1-iahili - --
Covered Risk 16: 1 % of Policy Amount Shown in Schedule A $10,000.00
or $2,500.00 (whichever is less)
Covered Risk 18: 1 % of Policy Amount Shown in Schedule A $25,000.00
or $5,000.00 (whichever is less)
Covered Risk 19: 1 % of Policy Amount Shown in Schedule A $25,000.00
or $5,000.00 (whichever is less)
Covered Risk 21: 1 % of Policy Amount Shown in Schedule A $5,000.00
or $2,500.00 (whichever is less) }
Street Address of the Land: 3611 Lake Washington Boulevard N.
Renton, Washington 98056
1. Name of Insured:
Dae Hee Bang, an unmarried person
2. Your interest in the Land covered by this Policy is:
Fee Simple
3. The Land referred to in this Policy is described as:
See attached Schedule A, Page 2: "Exhibit A - Legal Description"
Schedule A - Page 1 of 2
Rainier Title }, �;
File 4: 445803 ��stev%�7ranty �,1� t
ALTA Homeowner's Policy of Title Insurance fora One -to -Four Family Residence (01/01/08)
SCHEDULE A
Exhibit A: Legal Description
Parcel A:
The South 7 feet of Lot 60, all of Lots 61 and 62, Block A, Hillman's Lake Washington Garden of Eden
Addition No. 2, according to the plat thereof recorded in Volume 11 of Plats, page 64, records of King County,
Washington;
Together with Second Class Shorelands.
Parcel B:
That portion of the right of way of the Northern Pacific Railway Company for its "Lake Washington Beltline"
as same existed on and prior to March 23, 1936, lying Westerly of a line parallel to and distant 35 feet Westerly
measured at right angles to the centerline of the main track of said Lake Washington beltline, and between
Easterly production of the northerly line of the South 7 feet of said Lot 62 in Block "A" and the Easterly
production of the Southerly line of the North 8 feet of said Lot 62 in Block "A" of said Hillman's Lake
Washington Garden of Eden Addition to Seattle No. 2;
Except the Easterly 10 feet thereof;
Except that portion of the above described Parcels A and B lying South of a line described as follows.-
Commencing
ollows:
Commencing at the monumented centerline of Southeast 860' Street (Griffith Avenue) and 104`h Avenue
Southeast (Hillman Boulevard) as shown on the Plat of `Rue's View Addition" as recorded in Volume 58 of
Plats at page 46 and on the Plat of C.D. Hillman's "Lake Washington Garden of Eden" Addition to Seattle NO.
2 as recorded in Volume 1 I of Plats at page 64, records of King County Auditor, Washington;
Thence South 00° 00' 00" East along the centerline of 104'h Avenue Southeast, 670.60 feet to a point on the
East-West centerline of Section 32, Township 24 North, Range 5 East, W.M., in King County, Washington as
shown on said Lake Washington Garden of Eden Plat;
Thence South 89° 23' 22" West 1298.80 feet to the West one-quarter corner of said Section 32;
Thence continuing South 89° 23' 22" West, 62.53 feet to a %" iron pipe, said point is 35 feet Westerly, as
measured perpendicular from the as -built centerline of the Northern Pacific Railway Company's railroad tracks
as they existed on November 16, 1984;
Thence North 18° 17' 02" East parallel with and 35 feet Westerly of said railroad track centerline 108.68 feet to
a hub and tack, sail point being 3.15 feet South of an existing power pole and the True Point of Beginning of
the herein described line;
Thence South 89° 30' 57" West, 14.94 feet to a P -K nail set at the Southeast corner of a 6" high retaining wall;
Thence continuing South 89° 30' 57" West, 65.74 feet to a P -K nail set in the bulkhead on Lake Washington,
said point is at the intersection of the bulkhead line to the South and the retaining wall to the East;
Thence South 88° 45' 34" West to the inner harbor line, and the terminus point of this line description;
Situate in the County of King, State of Washington.
Schedule A - Page 2 of 2
Rainier Title
File #: 445843
ALTA Homeowner's Policy of Title Insurance for a One -to -Four Family Residence (01101/08)
S LewEwt
Ne guaranty company
Order No. 445803
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This sketch is provided without charge, for your information. It is not intended to show all matters
related to the property including, but not limited to: area, dimensions, easements, encroachments
or location of boundaries. It is not a part of, nor does it modify, the commitment/policy to which it is
attached. The Company assumes NO LIABILITY for any matter related to this sketch. Reference
should be made to an accurate survey for further information.
SCHEDULE R
EXCEPTIONS
Policy No.: 0-9376-182293
In addition to the Exclusions, You are not insured against loss, costs, attomeys' fees, and expenses resulting from:
General taxes and charges: 0 half delinquent May 1, if not paid; 2°d half delinquent November 1, if not paid.
Year: 2049
Amount billed: $10,503.65
Amount paid: $5,251.83
Amount due: $2,251.82
- ax -account no.: -----T34770-03 1 0-0 1
2. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power & Light Company
Purpose: Electric Transmission and/or Distribution Lines
Area affected: a portion of said premises
Recorded: April 23, 1928
Recording No.: 2459550
3. Easement and the terms and conditions thereof:
Grantee: Puget Sound Power & Light Company
Purpose: Electric Transmission and/or Distribution Lines
Area affected: a portion of said premises
Recorded: July 31, 1939
Recording No.: 3056900
4. Easement and the terms and conditions thereof:
Grantee: City of Renton, a municipal corporation
Purpose: Sanitary sewer main line and appurtenances
Area affected: Portion of the herein described land
Recorded: March 23, 1972
Recording No.: 7203230341
5. Easement and the terms and conditions thereof as disclosed by Statutory Warranty Deed:
Recorded:
April 8, 1985
Recording No.
8504080724
Grantee:
Puget Sound Power and Light Company
Purpose:
Not disclosed
Area affected:
Easterly portion
6. Easement and the terms and conditions thereof:
Grantee: City of Renton, a municipal corporation
Purpose. Public utilities (including water, wastewater and surface water) with
necessary appurtenances
Area affected: Easterly 15 feet
Recorded: August 4, 1998
Recording No.: 9808041892
Schedule B - Page 1 of 2
Rainier Title
File k 445803
ALTA Homeowner's Policy of Title Insurance for a One -to -Four Family Residence (01101108)
F– qte10 9L—(Ay Gil t
Company
Policy No.: 0-9376-182293
7. Matters set forth by Survey:
Recorded:
Recording No.:
SCHEDULE B
EXCEP'T'IONS
June 2, 1989, June 6, 1991 and July 2, 2002
8906029002, 9106069003 and 20020702900004
8. Right of the State of Washington in and to that portion, if any, of the land herein described which lies
below the line of ordinary high water of the Lake Washington,
9. Rights of State of Washington to that portion of the land, if any, lying in the bed of Lake Washington, if
that waterway is navigable.
10. Any restrictions on the use of any portion of the land subject to submergence that derive from the rights of
the public and riparian owners to use any waters which may cover that portion.
11. Rights and easements of the public for commerce, navigation, recreation and fisheries.
12. Any prohibition of or limitation of use, occupancy or improvement of the land resulting from the rights of
the public or riparian owners to use any portion which is now, or has formerly been, covered by water.
13. Location of the lateral boundaries of second class tidelands and Shorelands.
14. Deed of Trust and the terms and conditions thereof:
Grantor: Dae Hee Bang, an unmarried person
Trustee: Washington Administrative Services, Inc.
Beneficiary: Mortgage Electronic Registration Systems, Inc., ("MERS"),
solely for Lender and Lender's successors and assigns;
Lender is: SunTrust Mortgage, Inc.
Original amount: $417,000.00
Dated: March 30, 2009
Recorded: April 1, 2009
Recording No.: 20090401001074
15. Deed of Trust and the terms and conditions thereof.
Grantor:
Dae Hee Bang, an unmarried person
Trustee:
Rainier Title Company
Beneficiary:
Columbia State Bank
Original amount:
$408,000.00
Dated.
March 24, 2009
Recorded:
April 1, 2009
Recording No.:
20090401001075
Schedule B - Page 2 of 2
Rainier Title
File #: 445803
ALTA Homeowner's Policy of Title Insurance for a One -to -Four Family Residence (01/01/08)
�steWe wartoornpany
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
We will defend Your'ritle in any legal action only as to that part of the action which
is based on a Covered Risk and which is not excepted or excluded from coverage in
this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that
defense.
We will not pay for any part of the legal action which is not based on a Covered
Risk or which is excepted or excluded from coverage in this Policy.
We can end Our duty to defend Your Title under Section 4 of the Conditions.
THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss,
costs, attorneys' fees, and expenses resulting from:
4. Risks:
1 . 6ovemmental police power, and Che -existence or violation oftitosepoetiorrs
of any law or government regulation concerning:
a. building;
b. zoning;
C. land use;
d. improvements on the Land;
e. land division; and 5
f environmental protection.
6
This Exclusion does not limit the coverage described in Covered Risk 8.a.,
14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed
in accordance with applicable building codes. `this Exclusion does not limit
the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit
the coverage described in Covered Risk 17,
CONDITIONS
1. DEFINITIONS
a. Easement -- the right of someone else to use the Land for a special
purpose.
b. Known - things about which You have actual knowledge. The words
"Know" and "Knowing" have the same meaning as Known.
C. Land - the land or condominium unit described in paragraph 3 of
Schedule A and any improvements on the Land which are real property.
d. Mont=age - a mortgage, deed of trust, trust deed or other security
instrument,
e. Natural Person - a human being, not a commercial or legal organization
or entity. Natural Person includes a trustee of a Trust even if the trustee
is not a human being.
f. Policy Date - the date and time shown in Schedule A. If the insured
named in Schedule A first acquires the interest shown in Schedule A by
an instrument recorded in the Public Records later than the date and time
shown in Schedule A, the Policy Date is the date and time the instrument
is recorded.
g. Public Records - records that give constructive notice of matters affecting
Your Title, according to the state statutes where the Land is located.
h. Title- the ownership of Your interest in the Land, as shown in Schedule A.
i. Trust -- a living trust established by a human being for estate planning.
j. We/0ur/Us - Stewart Title Guaranty Company.
k. You/Your - the insured named in Schedule A and also (hose identified
in Section 2.b. of these Conditions.
2. CONTINUATION OF COVERAGE
a. This Policy insures You forever, even after You no longer have Your
Title. You cannot assign this Policy to anyone else.
b_ This Policy also insures:
a. that are created, allowed, or agreed to by You, whether or not they arc
rccorded in theiPuis[`c-lCe—co-rds;
b. that are Known to You at the Policy Date, but not to Us, unless they arc
recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d„ that first occur after the Policy Date - this does not limit the coverage
described in Covered Risk 7, 8.e, 25, 26, 27 or 28.
Failure to pay value for Your Title.
Lack of a right
a. to any land outside the area specifically described and referred to in
paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 1 I or 21.
(1) anyone who inherits Your Title because of Your death;
(2) Your spouse who receives Your Title because of dissolution of
Your marriage;
(3) the trustee or successor trustee of a Trust to whom You transfer
Your Title after the Policy Date; or
(4) the beneficiaries of Your Trust upon Your death.
Q. We may assert against the insureds identified in Section 2.b. any rights
and defenses that We have against any previous insured under this
Policy.
3. HOW TO MAKE A CLAIM
a. Prompt Notice pf Your Claim
(1) As soon as You Know of anything that might be covered by this
Policy, You must notify Us promptly in writing.
(2) Send Your notice to Stewart Title Guaranty Company, P,O. Box
2429, Houston, Texas 77252-2029, Attention_ Claims Department -
Please include the Policy number shown in Schedule A, and the
county and state where the Land is located. Please enclose a copy
of Your policy, if available.
(3) If You do not give Us prompt notice, Your coverage will be reduced
or ended, but only to the extent Your failure affects Our ability to
resolve the claim or defend You.
Page 3
b. Proof Of Your Loss
(1) We may require You to give Us a written statement signed by You
describing Your loss which includes:
(a) the basis of Your claim;
(b) the Covered Risks which resulted in Your loss;
(c) the dollar amount of Your loss; and
CONDITIONS (Continued)
(d) the method You used to coin he amount of Your loss. (2) Our v,aximum Dollar Limit of Liability then in force for the particula
Covered Risk, for claims covered only under-Cuvered Risk 16, 18
(2) We may require You to make available to Us records, checks, 19or2t;or
letters, contracts, insurance policies and other papers which relate
to Your claim. We may snake copies of these papers. (3) the Policy Amoula€ then in force.
(3) We may require You to answer questions about Your claim under
oath
(4)If you fail or refuse to give Us a statement of loss, answer Our
questions under oath, or make available to Us the papers We
request, Your coverage will be reduced or ended, but only to the
extent Your failure or refusal affects Our ability to resolve the claim
or defend You.
4. OUR CHOICES WHEN WE LEARN OF A CLAIM
a. After We receive Your notice, or otherwise learn, of a claim that is
his
covered by tPolicy, Our choices include one or more of the following:
(1) Pay the claim;
(2) Negotiate a settlement;
(3) Bring or defend a legal action related to the claim;
(4) Pay You the amount required by this Policy;
(5) End the coverage of this Policy for the claim by paying You Your
actual loss resulting from the Covered Risk, and those costs,
attorneys' fees and expenses incurred up to that lime which We
are obligated to pay;
(6) End the coverage described in Covered Risk 16, 18, 19 or 21 by
paying You the amount of Your insurance then in force for the
particular Covered Risk, and those costs, attorneys' fees and
expenses incurred up to that time which We are obligated to pay;
(7) End all coverage of this Policy by paying You the Policy Amount
then in force, and those costs, attorneys' fees and expenses
incurred up to that time which We are obligated to pay;
(8) Take other appropriate action.
b. When We choose the options in Sections 4-a. (5), (6) or (7), all Our
obligations for the claim end, including Our obligation to defend, or
continue to defend, any legal action.
c. Even if We do not think that the Policy covers the claim, We may choose
one or more of the options above. By doing so, We do not give up any
rights,
S. HANDLING A CLAIM OR LEGAL ACTION
a. You must cooperate with Us in handling any claim or legal action and
give Us all relevant information.
b. If You fail or refuse to cooperate with Us, Your coverage will be reduced
or ended, but only to the extent Your failure or refusal affects Our ability
to resolve the claim or defend You -
c. We are required to repay You only for those settlement costs, attorneys'
fees and expenses that We approve in advance.
d. We have the right to choose the attorney when We bring or defend a
legal action on Your behalf. We can appeal any decision to the highest
level. We do not have to pay Your claim until the legal action is finally
decided.
e. Whether or not We agree there is coverage, We can bring or defend a
legal action, or take other appropriate action under this Policy. By doing
so, We do not give up any rights.
6. LIMITATION OF OUR LIABILITY
a. After subtracting Your Deductible Amount if it applies, We will pay
no more than the ]east of:
(l) Your actual loss;
Page 4
and any costs, attorneys' fees and expenses that We are obligated tc
pay under this Policy.
b. If We pursue Our rights under Sections 4.a.(3) and 5.e- of these
Conditions and are unsuccessful in establishing the Title, as insured:
(1) the Policy Amount then in force will be increased by 10% of the
Policy Amount shown in Schedule A, and
(2) You shall have the right to have the actual loss determined on
either the date the claim was made by You or the date it is settled
and pard.
c. (]) If We remove the cause of the claim with reasonable diligence
after receiving notice of it, all Our obligations for the claire end,
including any obligation for loss You had while We were removing
the cause of the claim.
(2) Regardless of 6.c.(1) above, if You cannot use the Land because
of a claim covered by this Policy:
(a) You may rent a reasonably equivalent substitute residence
and We will repay You for the actual rent You pay, until the
earlier of'.
(i) the cause of the claiin is removed; or
(ii) We pay You the amount required by this Policy. If Your
claim is covered only under Covered Risk 16, 18, 19 or
21, that payment is the amount of Your insurance then
in force for the particular Covered Risk.
(b) We will pay reasonable costs You pay to relocate any personal
property You have the right to remove from the Land, including
transportation of that personal property for up to twenty-five
(25) miles from the Land, and repair of any damage to that
personal property because of the relocation. The amount
We will pay You under this paragraph is limited to the value of
the personal property before You relocate il.
d. All payments We make under this Policy reduce the Policy Amount,
then in force, except for costs, attorneys' fees and expenses. All
payments We make for claims which are covered only under Covered
Risk 16, 18, 19 or 21 also reduce Our Maximum Dollar Limit of liability for
the particular Covered Risk, except for costs, attorneys' fees and expenses.
e. if We issue, or have issued, a Policy to the owner of a Mortgage that is
on Your Title and We have not given You any coverage against the
Mortgage, then:
(1) We have the right to pay any amount due You under this Policy to
the owner of the Mortgage, and any amount paid shall be treated
as a payment to You under this Policy, including under Section 4-a.
of these Conditions;
(2) Any amount paid to the owner of the Mortgage shall be subtracted
from the Policy Amount then in force; and
(3) If Your claim is covered only under Covered Risk 16, 18, 19 or 21,
any amount paid to the owner of the Mortgage shall also be
subtracted horn Our Maximum Dollar Limit of Liability for the particular
Covered Risk.
f. If You do anything to affect any right of recovery You may have against
someone else, We can subtract from Our liability the amount by which
You reduced the value of that right.
7. TRANSFER OF YOUR RIGHTS TO US
a. When We settle Your claim, We have all the rights and remedies You
have against any person or property related to the claim. You must not
do anything to affect these rights and remedies. When We ask, You
must execute documents to evidence the transfer to Us of these rights
and remedies. You must let Us use Your name in enforcing these rights
and remedies.
b. We will not be liable to You if We do not pursue these rights and
remedies or if We do not recover any amount that might be recoverable_
a We will pay any money We collect from enforcing these rights and
rernedies in the following order:
(t) to Us for the costs, attorneys' fees and expenses We paid to
enforce these rights and remedies:
(2) to You for Your loss that You have not already collected;
(3) to Us for any money We paid out under this Policy on account of
Your claim; and
(4) to You whatever is left.
d. 1f You have rights and remedies under coli jsach as indemnities,--- – — — ---
guaranties, bonds or other policies of insurance) to recover all or part of
Your loss, then We have all of those rights and remedies, even if those
contracts provide that those obligated have all of Your rights and
remedies under this Policy.
R. THIS POLICY isTHE F,NTIRE CONTRACT
This Policy, with any endorsements, is the entire contract between You and Us. To
determine the meaning of any part of this Policy, You must read the entire Policy
and any endorsements. Any changes to this Policy must be agreed to in writing by
Us. Any claim You make against Us must be made under this Policy and is subject
to its terms.
9. INCREASED POLICY AMOUNT
This Policy Amount then in force will increase by ten percent (10%) of the Policy
Amount shown in Schedule A each year for the first five years following the Policy
Date shown in Schedule A, up to one hundred and fifty percent (150%) of the Policy
Amount shown in Schedule A. The increase each year will happen on the
anniversary of [tee Policy Date shown in Sehettule A.
10. SEVERABILITY
If any part of this Policy is held to be legally unenforceable, both You and We can
still enforce the rest of this Policy.
11. ARBITRATION
a. If permitted in the state where the Land is located, You or We may
demand arbitration.
b. The law used in the arbitration is the law of the state where the Land is
located.
c. The arbitration shall be under the Title Insurance Arbitration Rules of
the American Land Title Association ("Rules"). You can get a copy of
the Rules from us.
d. Except as provided in the Rules, You cannot join or consolidate Your
claim or controversy with claims or controversies of other persons.
e. The arbitration shall be binding on both You and Us. The arbitration
shall decide any matter in dispute between You and Us.
f. The arbitration award may be entered as a judgment in the proper
court.
12. CHOICE OF LAW
The law of the slate where the land is located shall apply to this policy.
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