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HomeMy WebLinkAboutReport 1CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: January 11, 2012 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: Cugini Boat House Repair & Maintenance LUA (file) Number: LUA-11-059, SME Cross -References: AKA's: Project Manager: Jennlfer Henning Acceptance Date: August 3, 2011 Applicant: Robert Cugini Owner: Same as applicant Contact: R. Michael Lloyd, Lloyd & Associates, Inc. PID Number: 0518501150 ERC Decision Date: ERC Appeal Date: Administrative Approval: August 3, 2011 Appeal Period Ends: August 17, 2011 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: Application requesting Shoreline Exemption in order to replace an existing 1,620 sf boathouse and pile on Lake Washington. Location: 4201 Lake Washington Blvd N Comments: DEPARTMENT OF COMMUNITY I City of t AND ECONOMIC DEVELOPMENT f1 PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: August 3, 2011 LAND USE ACTION FILE NO.: LUA11-059, SME PROJECT NAME: Cugini Boat House Repair & Maintenance PROJECT MANAGER: Jennifer Henning, Planning Manager OWNER/APPLICANT: Robert Cugini, P.O. Box 357, Renton, WA 98057 CONTACT (if other than Owner): R. Michael Lloyd, Lloyd & Associates, Inc. 38210 SE 92" i Street, Snoqualmie, WA 98065 PROJECT LOCATION: 4201 Lake Washington Blvd, Renton, WA 98057 LEGAL DESCRIPTION: See Attachment `A' SEC-TWN-R: N.W %, SEC 32 - TWN 24N - R 5E WATER BODY/WETLAND: Lake Washington PROPOSAL DESCRIPTION: The applicant requests a Shoreline Exemption for the replacement of an existing 1,620 square foot (s.f.) boathouse and piles on Lake Washington. The boathouse is supported on 22 creosote and untreated piles (internal to the structure) which are decayed and/or rotting. Replacement of the piles is not possible without dismantling/demolishing the structure; therefore, the applicant proposes to demolish the boathouse in order to replace the pilings and structure. The footprint would be adjusted several feet north and west of the structure. Per standard constuction practices, new pilings cannot be installed in the same location as the old pilings. This change in location would increase sunlight exposure on the south side of the boathouse in the shallow water habitat on the south side of the boathouse. Twelve (12) new galvanized steel H -piles would replace the 22 creosote and untreated piles. The boathouse would be constuction over water, a minium of 18 -inches above the Ordinary High Water Mark as required by permitting agencies. The proposal has been approved via the issuance of permits by the United States Army Corps of Engineers (USACOE), Washington Department of Ecology (DOE), and Washington Fish and Wildlife (WDFW). f� City of Renton Department of Comn & Economic Development Certificate of Exe. n from Shoreline Substantial Development Cuglni Boathouse LUA21-059, SME DATE OF PERMIT: August 3, 2011 Page 2 of z Replacement of the boathouse is considered to be the common method of repair for this type of structure. Galvanized steel pilings would replace the existing wood piles; eliminating 10 pilings and removing potential sources of contamination from creosote treated pilings and untreated wood pilings. All work would take place during the Washington State Department of Fish and Wildlife construction window for this portion of Lake Washington, July 15 through December 31. An exemption from a Shoreline Management Substantial Development Permit is hereby granted on the proposed project in accordance with RMC 4-9-190C and/or for the following reason(s): Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. a. Normal maintenance includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. b. Normal repair means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. 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.� V C. E. "Chip" Vincent, Planning Director Planning Division The City of Renton Shoreline Master Program. 7jZ��, Date City of Renton Department of Comrr & Economic Development Certificate of Ex n from Shoreline Substantial Development Cugini Boathouse LUA11-059, SME DATE OF PERMIT: August 3, 2011 Page 3 of 2 Attachments: A. Legal Description and Vicinity Map B. Existing Plot Plan C. Proposed Plat Plan cc: Owner: Robert Cugini Applicant: R. Michael Lloyd City of Renton Official File Attachment 'A' Legal Description Lot 115, Barbee Mill, According to the Plat thereof, recorded in Volume 246 of Plats, Pages 25 through 39, in King County, Washington; Together with easements for use of the harbor area, and ingress, egress and dredging purposes over . Tract A of said Plat, as set forth in the instrument recorded under Recording Number: 20060929003429. Neighborhood Detail Map Lake Washington L Quendall Terminals I Zoning = COT � Barbee Mill Development j I Zoning = COR ./ Zoning = COR I Zoning = R81 J R10 C3 �.-�� jam, � �- c� j Zoning - R 8 rM- d N 16TA'-!�TJJ 47- T w IF de --\r -I EXHIBIT 1 I !� 1�ez Zoning C 13 on Z -Z 00 100 --4—j,- ' 1 f 11',. It "A I - Pff - NEIGHBORHOOD DETAIL MAP Update by L&A1 7/27/2011 -43F 'NO .'dog Weno _ ! HH agg3 �1!� tiil! �! laE�aiV t�Rg• leX6 e I9 i�l■L! ��� �� �Y� qi �.��l��Sf �� �ANR tl���fLL �l.��i •� r6i •i rE�. 'r P� .� tl� �r�� i�llr r�6 .@�i eE W D 0 0 m t.J U I N tz H x W WA NO.Lj,- ,E� M . 3snOH -LVOla lNi!)n:) -------------- I ------ ------- ------aa ------------- r -1 M-MilMr. I A .........wl) -------------- Ij-------------- -- ---------- 1h It. 71 I 7i TI -------------- ---- 70 k 'Ll i. id V, T, t w W I1 VM 'N01, 3snOH -LVOS None I R i co/NM x W s� i ten` R i co/NM x W 0 P., e ir� F d Ilk >r6 Y 4'ri - m P 4 R i co/NM x W B4 - 29 T24N R5E W 1/2 ZONING MAP BOOK D4 - 05 T23N R5E W 1/2 PW TECHNICAL SERVICES PRINTED ON 11/13/09 0 200 400 Feet . . ...... 1:4,800 7 -- CA RC -RC CN.. R-8 -R72 R-1 C4 32 T24N R5E W 1/2 5 ,432 CA RC -RC CN.. R-8 -R72 R-1 C4 32 T24N R5E W 1/2 5 ,432 RESIDENTIAL MIXED USE CENTERS INDUSTRIAL Rc (RC) Resource Conservation a -i (R-1) Residential 1 du/ac R -a (R-4) Residential 4 du/ac R -e (R -8i Residential g du/ac RNH (RMH) Residential Manufactured Homes R-5(R-10)Residential 10 du/ac R-iA (R-14) Residential 14 du/ac RM -r (RM -F) Residential Multi -Family RM -r (RM -T) Residential Multi -Family Traditional RM -u (RM -U) Residential Multi -Family Urban Center Th, aon.mni i� a .s.ntot:on. naemoen—d Thi, rd, d�ru,�oea, a m�',TOi ai rn: reel: we»,. Thi, m�v �. , e�.owr wrw«. only cv (CV) Center Village uc-ra (UC -N1) Urban Center - North 1 uc-Na (UC -N2) Urban Center- North 2 w (CD) Center Downtown c!nmMFRCIAI cop (COR) Commercial/Office/Resldentlal cA (CA) Commercial Arterial c❑ (CO) Commercial Office = (CN) Commercial Neighborhood k (IL) Industrial -Light. w (IM) Industrial -Medium tt (IH)Industrial -Heavy ----- Rentuu City Limits —•-- Adjacent City Limits KROLL PAGE PAGE# INDEX SFrrlTDWNAANGr July 27, 2011 Lloyd & Associates, Inc. 38210 SE 92nd Street. Jennifer Henning, AICD Department of Community & Economic Development Renton City Hall — 6`I' Floor City of Renton 1055 South Grady Way Renton, WA 98057-3232 SUBJECT: SHORELINE EXEMPTION REQUEST Dear Ms. Henning: ngton 98065 425-785-1357 mlloydassocialesragmail.com Thank you for taking the time to walk me through the Shoreline Exemption Request process during our pre -application meeting. I have completed required forms and have attached supporting statements and documentation as requested. 1 have attached a copy of the Title Report form our submittal prepared in 2005. 1 have ordered a current title report for the Boathouse Lot (Lot 115). However. this Title Report will not be available for several days; therefore 1 have submitted the older Title Report supporting our 2005 application. I will provide a current Title Report as soon as available. If you have and questions comments or changes, please contact me as soon as possible. LLOI'D & ASSOCIATES, INC. R. Michael Lloyd � L "e6 e__ cc. R. Cugini, Vice President. Barbee Mill Company Attachments: Exhibit 1 — Land Use Master Application Form Exhibit 2 — Project Narrative Exhibit 3 — Neighborhood Detail Map Exhibit 4 — Waiver Form(s) Exhibit 5 — Site Plans 2011 -115 Shoreline Exemption Request SUBMITTAL REQUIREMENTS SHORELIN,'E.. EXEMPTION .0 City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE: To ensure, proposed shoreline development, is -consistent -with the goals and policies of the City, Shoreline Master Pi�grem and State'Shorelfne`Mi`nagement Act. WHEN A SHORELINE PERMIT EXEMPTION REQUIRED: If you are doing any development or construction activity within 200 feet of a designated shoreline, your project will require either a Shoreline Substantial Development Permit or a Shoreline Permit Exemption. The following activities are eligible to receive a Shoreline Permit Exemption: Any project with a cost or fair market value (whichever is higher) of less than $2,500' Normal maintenance or repair of existing structure or developments2 • Construction or repair of a protective bulkhead for a single-family residence • Emergency construction necessary to protect property from damage by the elements4 • Normal agricultural construction and practices5 • Construction or modification authorized by Coast Guard or designated authoritye • Construction of a single-family residence or associated structures for use by the owner or owner's family' • Construction of a private dock for non-commercial use by the property owner(s)e • Marking of property lines or corners on state-owned landse • Operation and maintenance of agricultural drainage and diking facilities10 • Any project with certification from the governor" • Activities necessary for preparation of permit application12 • Removal or control of aquatic noxious.weeds" • Watershed restoration projects" • Projects -intended to improve fish or wildlife habitat or fish passage 15 COMPLETE APPLICATION REQUIRED. In order to accept your application, each of the numbered items must be submitted at the same time. If you have received a prior written waiver of a submittal item(s) during a pre -application meeting, please provide the waiver form in lieu of any submittal item not provided. All plans and attachments must be folded to a size not exceeding B'/2 by 11 inches. HAFormr,Tfanninglsme.doe - 1 - 03108 APPLICATION SUBMITTAL HOURS: Applications should be submitted to Development Services staff - at the 6th floor counter of Renton'City Hall, 1055 South Grady Way, between 8:00 A.M::a6d'4:00 P.M. Monday through Friday. An appointment to submit your application is not necessary. Due to the screening time required, applications delivered�by messenger cannot be accepted. 4' ADDITIONAL PERMITS: Additional permits from other agencies may be required. It is the.applicant's responsibility to obtain these other approvals: Information regarding these otlier requirements may be found at http:llapps.ecy.wa.govlopas/ All Plans and Attachments, must be folded 8'/2"b Y11" APPLICATION MATERIALS: 1. ® Land Use Permit Master Application Form: Please provide the or_ ii lnal plus 4 copies of the COMPLETED City of Renton Planning Division's Master Application form. Application must have notarized signatures of ALL current property owners listed on the Title Report. If the property owner is a corporation, the authorized representative must attach proof of signing authority on behalf of the corporation. The legal description of the property must be attached to the application form. See Exhibit 1 2. ® Project Narrative: Please provide 5 copies of a clear and concise description of the proposed project, including the following: • Project name, size and location of site • Brief description of proposed work • Basis for the exemption request (reference exemption category from first page) • Anticipated dates of work • Other permits required for proposed project • Current and proposed use of the site • Special site features (i.e. wetlands, water bodies, steep slopes) • Statement addressing soil type and drainage conditions • Total estimated construction cost and estimated fair market value of the proposed project • Estimated quantities and type of materials involved if any fill or excavation is proposed • Number, type and size of any trees to be removed • Distance from closest area of work to the Ordinary High Water Mark of the shoreline • Nature of the existing shoreline (e.g. high bank, naturalize, rip rap, bulkhead, etc.) • If the proposed project exceeds a height of 35 -feet above the average grade level, discuss the approximate locatio'rr of and number of residential units, existing and potential, that will have an obstructed view See exhibit 2 3. ® Neighborhood Detail Map: Please provide 5 copies of a map drawn ata scale of V= 100' or 1" = 200' (or other scale approved by the Planning Division) to be used to Identify the site location on public notices and to review compatibility with surrounding land uses. The reap shall identify the subject site with a much darker perimeter line than surrounding properties and include at least two cross streets in all directions showing the location of the subject site relative to property boundaries of surrounding parcels. The map shall also show: the property's lot lines, surrounding properties' lot lines, boundaries of the City of Renton (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and City of. Renton (not King County) street names for all streets shown. The map must fit on a single map sheet. Kroll Map Company (206-448-6277) produces maps that may serve this purpose or you may use the King County Assessor's maps as a base for the Neighborhood Detail Map. Additional information (i.e. current city street names) will need to be added by the applicant. See Exhibit 3 4. ® Waiver Form: If you received a waiver forst during or after a "pre -application meeting", please eed�x�i bol t f 14his farm. 5. ® Site Plan: Please provide 5 copies ,of a fully -dimensioned plan sheet drawn ata scale of 1 "=20' (or other scale approved by the Planning Division). The Site Plan should show the following: • Name of proposed project • Date, scale, and north arrow (oriented to the top of the paperiplan sheet) Drawing of the subject property with all property lines dimensioned and names of adjacent streets ' • Identify all adjacent streets and alleys • Location and dimenslons of existing and proposed structures • Parking and off-street loading space • Free-standing signs and lighting fixtures • Storage -areas and job shacks/safes trailers • Location and dimensions of natural features such as streams, required buffer areas, and wetlands • Indicate Ordinary High Water Mark and show distance in feet to closest area of work See Exhibit 5, 6.< Wetland Assessment: Please provide 5 copies of the map and 5 copies of the report if ANY wetlands are located on the subject property or within 100 feet of the subject property, The wetland report/delineation must include the information specified in RMC 4-8-120D. In addition, if any alteration to the wetland or buffer is proposed, 5 copies of a wetland mitigation plan are also required. See RMC 4-8-120D for plan content requirements. Not required: per City of Renton 7. Flood Hazard Data: Please provide 5 copies of a scaled plan showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, and drainage facilities. Also indicate the following: Elevation in relation to mean sea level of the lowest floor (including basement) of all structures Elevation in relation to mean sea level to which any structure has been floodproofed • Certification by a registered professional engineer or architect that the fioodproofing methods criteria in RMC 4-3-050 have been met • Description of the extent to which a -watercourse will be altered or relocated as a result of proposed development Not required: per City of Renton 8.X Habitat Data Report: If the project site contains or abuts a critical habitat per RMC 4-3-050135b, please provide 3 copies of a report containing the information specified in Section 4-8-120D of the Renton Municipal Code. Not required: per City of Renton Standard Stream or take Study: Please provide 5 copies of a report containing the information specified in RMC Section 4-8-120D. in addltion,'If the project involves an unclassified stream; a supplemental stream or lake study is also required (5 copies). If any alteration to a water body or buffer is proposed a supplemental, stream- -or lake study (5 copies) and a mitigation plan (1Z copies) are also required. See RMC 4-8-120D for plan content requirements. Not required: per City of Renton All Plans and Attachments must,be folded'tor8Vby 11' " 1 REVIEW PROCESS: Once a complete land use application package has been accepted for initial review, it will be routed to other City departments and other jurisdictions or agencies who may have an interest in it. The reviewers typically have two weeks to return their comments to the Planning Division. Once all comments have been addressed, the Planning Division will issue an exemption, provided the application meets the criteria for exemption. HAFormslPianninglsme.doc - 3 - 03108 If the application must also be reviewed under the State Environmental Policy Act (SEPA), this will . extend the review time necessary for the project approval. Upon issuance of the Environmental Determination, the Planning Division will take one of the following actions: issue an exemption, request additional information, or require a full Shoreline Substantial Development Permit. Please see the handout entitled "Submittal Requirements: Environmental Review " for additional information. Shoreline Substantial Development Approved by City of Renton If the City approves an exemption, a copy will be sent to the applicant. If you also need a building permit, please turn in a copy of your exemption with your other submittals. A building permit (or other City approval) may be issued immediately upon issuance of the exemption, provided all other relevant requirements have been met and the project does not also require any type of Army Corps approval. Building Permit approved. Permit #: B080077. If a project requires.Army Corp approval, the City will mail a copy of the Shoreline Exemption decision to the State Department of Ecology (DOE) and the State Attorney Gen erai's,Office for review. The DOE has ten days to review the exemption decision. A'building permit (or other City approval) may be issued ten days after the date of mailing the exemption decision to the Department of Ecology and Attorney General --provided the State does not appeal the exemption decision during the ten day review period and provided all other relevant requirements have been met. Project has USAGE permit and Hydraulic Project Approvals ' Total cost or fair ma et value of 12mlect ichever is higheill is less than 2.500. Any development of which the total cost or fair market value,whichever is higher, does not exceed two thousand five hundred dollars, if such development does not materially interfere with the normal public use of the water or shorelines of the state. For purposes of determining whether or nota permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials; Normal maintenance or re it of exist/niq exist/nstritictures or developments. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance' includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, locaiion and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the typo of structure or development and the replacement structure or development Is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment; Construction or repair of prolective bu!khead for sinnig-MMUM residence. Construction of the normal protective bulkhead common to.single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary.high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures.from Ioss,ordamage by erosion. A normal protective bulkhead is not exempt if constructed for the,purpose of creating dry,land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill'per one foot of wail may be used as back011. When an existing bulkhead is being repaired by construction of a vertical wall franting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bloengineered erosion controlprojects may be'considered-a normal ArotecM bulkhead:when`any structural elements are consistent with the above requirements and when the project has been approved by, the department of fish and wildlife. H:1FormslP1anninglsme.doc - 4 - 03M Emergenct co struction ecessa to tettro e e e Emergency construction necessary to protect property from damage by the elements. An "emergency" Is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not Include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant.to chapter" RCW, these regulations, or the local master program, obtained. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the local master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency; s Normal a rlcultural constrygdon and ctices. Construction and practices normal or necessary for farming,, Irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, construction of 9 bam or similar agricultural structure, and the construction and maintenance of irrigation structures including but not limited to head gates;.pumping facilities, and irrigation channels: Provided, That a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for -feeding livestock hay, grain, silage, of other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations; 6 Construction or modO cation authorized by Coast Guard or designated jjuthorlty. Construction or modification, by or under the authority of -the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys; 7 Construction of a single-faMily msWnce for un by owner or owners family, Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for their own use or for the use of their -family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof. "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 marts 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 high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. Construction authorized under this exemption shall be located landward of the ordinary high water mark; e Construction of a privatedock for comm al use by iprippertVowns s . Construction of a dock, Including a community dock, designed for pleasure craft only, for the private noncommercial use of the owners; lessee, or contract purchaser of a single-family and multiple -family residences. A.dock Is a• landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either: (I) In salt waters, the fair market value of the dock does not exceed two thousand five hundred dollars; or In fresh waters, the fair market value of the dock does not exceed ten thousand dollars. However, if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent constriction shall be considered a substantial development for the purpose of this chapter. For purposes of this section salt water shall include the tidally Influenced marine and estuarine water areas of the state Including the Pacific Ocean, Strait of Juan de Fuca, Strait of Georgia and Puget Sound and all bays and inlets associated with any of the above; Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter, created or developed as,a part of an Irrigation system,for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the Irrigation of lands; s A#ar*ino of property tines a comers on state-owned lands The marking of property lines or comers on state-owned lands, when such marking does not significantly Interfere with normal public use of the surface of the water, 10 Operation and maintenance of a ricullural d-mingAe and d1king facilities. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on June 4, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system; H:1FormslPlanninglsme.doc 5 03108 11 Any proloct with a cedMatlon from the apygmor. Any project with a certification from the governor pursuant to chapter $0,50 RCW; z - !L Site artivides r� essarylor preparation of aaplics o fgr develaament authorrzaNan Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, If: (€) The activity does not interfere with the normal public. use of the surface waters; (11) The activity will have no significant adverse impact on the environment -including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; (III) The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; (iv) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and The activity is not subject to the permit requirements of RCW 90-SQ.55 ; 13 Removing or confrollinrr a r4f.p tic noxious woods The process of removing or controlling aquatic noxious weeds, as defined in RCW 17,26Q20, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department of ecology jointly with other state agencies under chapter 43.210 RCW; 14 Watershed restoration A�yreGts Watershed restoration projects as defined herein. Local government shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue Its decision along with any cond€tlons within ferry -five days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used In this section. (€) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: (A) A project that Involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilltate additional plantings; (B) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioenginearing, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or (C) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated Wth the project, is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream. (ii) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re- creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to chapter 43.21 C RCW, the State Environmental Policy Act; 1s Pro ects Intended to imirove.tlsh or wildlife habitat or fish passage. A public or private project, the primary purpose of which is to improve fish or wildlife habitat•or fish passage, when all of the following apply: (i) The project has been approved In writing by the department of fish and wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose; (ii) The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 75.20 RCW; and (ii€) The local government has determined that the project Is consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. H:1FormskManninglsme.doc - 6 - 03108 EXHIBIT -1 LAND USE PERMIT - MASTER APPLICATION FORM Title Report from 2005 Application to City of Renton Owner's Policy of Title Insurance 2008 City -of Renton LAND USE PERMIT' MASTER APPLICATION PROPERTY OWNER(S) NAME: Robert Cugini ADDRESS: p.0. Box 357 CITY: Renton, WA ZIP: 98057 TELEPHONE NUMBER: 425-226-3900 APPLICANT ([f other: than owner) NAME: R. Michael Lloyd COMPANY (if applicable): Lloyd & Associates, Inc. ADDRESS: 38210 SE 92nd Street CITY: Snoqualmie ZIP; 98065 TELEPHONE NUMBER: 425-785-1357 CONTACT PERSON NAME: R. Michael Lloyd COMPANY (if applicable): Lloyd & Associates, Inc. ADDRESS: 38210 SE 92nd Street CITY; Snoqualmie ZIP: 98065 TELEPHONE NUMBER AND EMAIL ADDRESS: 425-785-1357 mlloydassociates@gmail.com F� PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Barbee Boathouse Renovation PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 4r wens 4ye, N. 4201 Lake Washington BLVD, Renton, Washington 98057 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 322 034 0510:50/ r'5D EXISTING LAND USE(S): Overwater Boathouse PROPOSED LAND USE(S): Overwater Boathouse EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: COR PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION f applicable) EXISTING ZONING: COR PROPOSED ZONING (if applicable): COR SITE AREA (in square feet); Approximately 1620 sf. SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: None SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: None PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) Not applicable. NUMBER OF PROPOSED LOTS (if applicable) Not Applicable NUMBER OF NEW DWELLING UNITS (if applicable): Not applicable H:{CED\Data\Forms=fempiateslSelf-Help Handouts\Planning\mut rapp.doc - 1 - 06109 P, iJECT INFORMA" NUMBER OF EXISTING DWELLING UNITS (if applicable): Not Applicable SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (Ifapplicable): Not A2plicable SQUARE FOOTAGE M OF EXISTING RESIDENTIAL VoL INGSApp 10 REbtlEN (if app)lcable): SQUARE FOOTAGE -OF PROPOSED NON-RESIDENTIAL BUILDINGS (If;appllcable). Boathouse foot rint 1620 sf SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): None NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (If applicable):Boathouse footprint = 1620 sf NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): None �1[3N conm...ed PROJECT VALUE., $97,000 IS THE SITE.LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (ff applicable): Q AQUIFIER PROTECTION AREA ONE © AQUIFIER PROTECTION AREA TWO - ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. 6 SHORELINE STREAMS & LAKES 1620 sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach le al descri tion on se crate sheet with the following Information Included),, SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24N, RANGE 5E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Shoreline Exemption 3 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Robert Cugini declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of.authorization) and that the foregoing statements and answers herein r4ntained and the information herewith are In all respects true and correct to the best of my knowledge and belief. m� A Ln�tv"-�_ (Snature o Owner/Representative t� (Signature of Owner/Repres ntative) I certify that I know or have satisfactory evidence that . _` 1()V.)VLj l signed this Instrument and acknowledge It to be hislh�opd vola act for the uses and purposes mentioned in the ' �tL. r+qry,,/� RdV 4MLizl °� Notary Public in and for the State Notary (Print) My appointment expires: (Kg��/C li:10EDIDatalFnrms-Tcmpiatcs\Self-HelpllandautslPlanninglmasterapp.doc �,os-idwo PW r • + i Az � tu►ti�a.•• �} A, Cao K 0D9 hA STEWART TITLE COMPANY OF WASHINGTON, INC. 1201 Third Avenue, Suite 3800 Seattle, Washington 98101 Senior Title Officer, Robert L. Ludlow Senior Title Officer, Mike Sharkey Title Technician, Linda Lamson Unit No. 12 FAX Number 206-343-1330 Telephone Number 206-343-1327 Lloyd & Associates, Inc. 38210 Southeast 92nd Street Title Order No.: 210616 Snoqualmie, Washington 98065 Attentions JOAnne Lloyd A. L. T. A. COMMITMENT SCHEDULE A Effective Dates April 26, 1993, at 8:00 a.m. I. Policy or Policies to be issued: PREMIUM A. ALTA Owner's Policy Amount TO BE AGREED UPON Standard (X) Extended ( ) Tax Proposed Insured: TO FOLLOW B. WORK CHARGE Amount $350.00 Tax $ 28.70 2. The estate or interest in the land described herein and which is covered by this commitment is fee simple, 3. The estate or interest referred to herein is at Date of Commitment vested in: BARBEE FOREST PRODUCTS, INC. (NOTE: SEE SPECIAL EXCEPTION NUMBER 4 REGARDING EXECUTION OF THE FORTHCOMING DOCUMENT(S) TO BE INSURED). 4. The land referred to in this commitment is situated in the County of King, State of Washington, and described as follows: All that portion of Government Lot 1, Section 32, Township 24 North, Range 5 East, W.M., in King County, and of Second Class Shore Lande adjoining, lying westerly of Northern Pacific Railroad right-of-way, EXCEPT that portion, if any, of said Shore Lands lying north of the westerly production of the north line of said Government Lot. ,de z STEWART TITLE GUARANTY COMPANY A.L.T.A. COMMITMENT Schedule B Order No. 210616 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 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 tc the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights; claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. C. SPECIAL EXCEPTIONS: As on Schedule B, attached. Order No. 210616 A.L.T.A. COMMITMENT SCHEDULE 8 Page 2 SPECIAL EXCEPTIONS: 1, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: City of Renton PURPOSE: Public utilities, including water and sewer AREA AFFECTED: The easterly 10 feet, measured perpendicularly to the easterly line of the northerly 230 feet, measured along the easterly line RECORDED: December 19, 1972 RECORDING NUMBER: 7212190390 2. GENERAL TAXES: FIRST HALF DELINQUENT MAY l; SECOND HALF DELINQUENT NOVEMBER 1: YEAR: 1993 AMOUNT BILLED: $33,688.24 AMOUNT PAID: $ 0.00 AMOUNT DUE: $33,688.24 TAX ACCOUNT NUMBER: 322405-9034-00 LEVY CODE:; 2100 CURRENT ASSESSED VALUE, Land: $2,094,100.00 Improvements: .$ 481„300.00 NOTE: If the taxes cannot be divided equally by 2, the higher amount must be paid for the first half payment, 3. Assessments, if any, which will follow by supplemental report. 4. Evidence of the corporation existence of Barbee Forest Products, Inc., a corporation, must be submitted, together with evidence of the corporate identity and authority of the officers thereof to execute the forthcoming instrument. S. Notwithstanding the insuring clauses of this policy, the Company does not insure against any loss or damage by reason of lack of access to and from the land. 6. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we wi:: not be required to approve any policy amount over $100,000, and our total liability under this commitment shall nbt exceed that amount. (continued) Order No. 210616 A.L.T.A. COMMITMENT .y SCHEDULE 8 „ Page 3 7. Title is to vest in persons not yet revealed and when so vested will be subject to matters disclosed by a search of the records against their names. END OF .SCHEDULE 8 Title to this property was examined by: Russ Camman Any inquiries should be directed to one of the title officers set forth in Schedule,A. RG/dkh/8471E 4M � 70, STEWART TITLE COMPANY of Washington, Inc. ORDER NO. 4�16 ' /0�? IMPORTANT: This Is not a Plot of Survey. It is furnished as a convenience to locale the lana indicated hereon with rehrence to streets and other Isnd. No tlat>isity is assumed by reason of reliance hereon. ro I ' r 1 V. OF I, r � f ,r ,r �' �,. ,... •, .,tip It Itoo pREt3 �.. OT A09t dww-ss rioir , 4. 0 Q�r, ..,�._..��., Ip sr 04TH IT /0" �+ A NEWNAN '�%i'd413L CAI Y" for Fomwd sk Asqu"I of AFM RMORINS PAIL M ER. RS, WAMIARMAKII 'r V"Wwq MaMt 04111.4V imo VAI ell 31w FN 184 Kft �'XiN I I 90101 04RE 21F 3900 609W p c SL 0*0034 00 53 ' 17 1 QW1 CIaLm Deed 4CORPONATO 100101 ov- THR "AM701i "Knet MILL Co., INC. hM ry � No a" 111 tomwmim 4w 6 roRZST DE C27 W4 sm j$ 04 qWj BARBtr PRODUCTS# INC. F08059475: E91 'k* (dewime dwribw frIll "Islit. III w1w M lip cmmy of King Palate d We*kl" Lwlwdmg soy interest shopolm wkialk gaster may hereafter oeqvj rt $ 40yGrAIVIOnt Lot 1, SOCtiCh J7, Township 24 North, Range 9611ts N.M., Kinq County. Wanhinqton lying Want of BUClInyton Northern Railroad Right of Way. Lend only - no ImprovemenLo. IN WMUS WKLJLEOF- Mid -wp- ON 1181 t4wild Odi WM �l to, wt=mUlw7w Lw fir and Itt CWPWOII 8001 14 br 11"T"16 aftod lba day w 21", 11— -Y STATr 01F. WAVIINGTON, Covoly of 0% lble day of me, I* W*"WA* N, I PY rwlbjk�md fw 11" 51644 01 WUMPqr d I po' # c1tL-11- C�L In to be 6; lazy 111 wl r;ff-"%t to be the Irre 4nd IM rwl..r}tik+l 'hot pl"%tm IMT7.7mNR Intl M. and ukpo-40. -1-11 Q'f'"O C1014 of Mid i -91m roilcm, ter IN u2pe &M puffwmn Ipwfelp, pmr"jjr"wd. and 1h grayoltJrd 10 On 04 Id 9114t hKYlr Mid hnoirwwomj and IMt thp VW @ftpd It jhq Corpwall seal of MW %"IWG MY kind Od WNW Will !mote 81%ed Ih4 d6Y AM )w AM obcm 2"tim. A" X00071 -44,v f.. V.FW- P.. 4148 NA71ONAL nrtuw ovum MLAP INWRANCA ur► W691 ■1[01110 PW KCCONS vW 011 t0Ialp0t• w. row M1 iimnf ai R84wfl of a j An" R;LBif006 R1Ii T01 �.i11�I1W1� MCLIISIIR w1W ZWW 1 WI o'20 •11y0 E I RB 0 r 3.80 CIi H56 +*+03,00 f 1711 - 3rd Ave., 8uito 13n0 ry y� A 1 D3 - `7w fxptE W �~- JUN 18 ?%S E083U7C6. . two I'llips Quit MaLm Deed 490mve"VR FORMI wbr �.. Told CIAMTOR BAADZ9 MM CO, r INC,� �T Ir bal Y t�alWnam a OWN A r�.w41 iv no""Will milt t?twma MA995 FOREST ARODULTir INC. IM I+OwMp tlrcr" NW MYM, L40 Led M The CMAMr of RINO ,. stat. . � K ►ahow" wib aV Iaf✓Ift AMM elua paaNf aq wahr arn' 3 aovrrWant Lot One (I), Section thirty-two (32), Township Twonty-tour (21) North, Rongs rive (3) least, M,M„ King County, Mathinaton Lyinq went of .: Burlington Hortharn aailt-jad Right of tray, with adfaoeat ahoreland. Land only - no improvttmente, Ov@1 i ' Pl WrrNLu MMiRtor, rid rwparrti t b.. ester ia4 1"rnw M k wewaE �y ;. W im wrpwW wI Otte tyra,a101libil tall .2L Mr W ,'> LLu �, 1'i '+►w" 1 MaAsifw N•il.L...0 ......�1iC,... _....�.— ITATI O/ WAfiMI?IOTOM, Cwry W Aif? 11116 j, 8" Wr our"O pr of ••ri r"- , bNM 1r". tlw wylnyaM, a Marg 1Rbik i W tw iM hur W MrtyApywa /wry ar���,,IIwa at.1r�e� ,1�i4► rfi>►II I' ..li rM l�iMr t Ij ter yx� MMMM 1 If ON bawa r M 00 Nw11rk ad iu�wq. r�gwtlwlp, M /Z..h.. yl.//f°. Awa LW ewpwutat ihm #MV144 tk INrphl IMF~. rod 464n0006W Ik wM IOWMMI is b. the If" sd t' W M4 "' MN "W"'O, 1w tM Owl uW FUR"" 11111"14 t+w IW,10, aN a aelb nN.d iMI . " +whIWWW w awwr tM •W Imurr.wn wi owi ib 1k trrpMoty rill N %W 1, ��1141 /, • i }' nd .11ttw rd mm forty Ohl W 6;0 wast om .haw nluw.'.T , SIM LALLIL11 THIS INSTRUMENT, made this day of by and between �'►'L • and ' O and ' and N hereinafter called "Grantor($)", and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Granteo'' WITNESSETH: That said Grantor(s), for and in consideration of the sum of S I—'d i aid by Grantee, and other valuable consideration, �....do-by these presents, grant, Sargain, sell, convey, and warrant unto the said Grantee, its successors and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: —� A utility easement over the Easterly 10 feet, measured perpendicularly to the Easterly line thereof, of the Northerly 230 feet, measured along the Easterly line, of the following described property: ALL that portion of Government Lot l in Section 32, Township 24 North, Range 5 East; W.M. lying Westerly of the Burlin ton Northern (Northern Pacific) railroad right-of-way; TOGEIMER with the Shorelands adjoining. Together with a temporary construction easement described as: 30 feet in width over the Easterly 30 feet of the Northerly 230 feet of the above described property. Said temporary construction easement shall remain in force during construction and until such Liffe as the utilities and appurtenances have been accepted for the .er!tti^n and maintenance by the Grantee but not later than nt vote-. ... " "f•�.:" -.. .., .. .r..j........ Said heretofore mntiofied grantee, its successoM or assigns, shall have the r' re without prior notice or proceeding at law, at such tins as p may be necessary to ent4r vpon Said above described i,roparty for tht purpose C1� of co^strutting, maintaining, repairing, altering or reconstructing said utility, or making any Connections therewith, without incurring any legal p©. obligations or liability :herefore, provided, that such ConitruCti4n, auin- N Coining, repairing, altering or reconstruction of such utility stall b0 accomplished in such a manner that the privat improvements existing in the r19" disturbedoorwdamagell theyAOt bwillsberreolated inbed or masegoodd. raicnnditionthe nasttheya were inTediately before the property was,.entitred.upon by the Grantee. The Grantor shall fully ase ind•enjoys-rthe' 'aforedescribed premises, including the right to retain the right to use the surfa u Of raid right-of-way if such use does not interfere with installation and maintenance of the utility Ornacrosswth;rright-ofAwayrshall durin>�'�the enot xistencsct lofnsuchrutilltyu�s over, under This easement, shall be a covenant running with the land and shall be bind- ing on the Grantor, his successors, heirs and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have "good and lawful right to execute this agreesrBnt. an d D d and and STATE OF WASHINGTON � SS COLNTY OF KING r on thir I— day of ��',?v, '+97Abefore me, the uerdereignod, a Notary Fublic in and for thetat! of W hin,tndon, duly eoomissioned and evorn p roor.ally appeared roapsceivaly, to knoiqt+ to be. tho and Q! _. �__.�� the corporation that sxseutsd tho foregoing instrument, ar+b acknowledged the said ia*trumsnt to be the [Cas and voluntary act and dasd of said corporation, for the uses and purpossa theroin rontion6d, and on oath $toted tgsilgC ...a+ authorised to executs the said in*truaant and that the suet stfixed i* the corporate *sal of acid Corporation, VITMOS my hand and oftiaial goal heroto affixed the dey and year in this cards ioate *bove vritt*n. o pry RUM, n -an;d, or astd llashington, residing at 4d'ti�h rfi• I �40 6��.. m � 7 R�COROFD M Dir f9 AM r 130 CD �' DfRBGTOR KtCGROC f. MKOTIONS N KWO COUNTY, WASH, ti �4 a a , 0 6-4 FILED for Record at Bequest of rJUD for Rowd at Rvauem a ovrres or rts¢ c:r'rY c�r+x 30 AVL SOUTH r I• m Chicago Title Insurance Company OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago 7 de Insurance Company Any notice of claim and any other notice or statement In writing required to be given to the Company under this Policy must be given to the Company at the address shown In Section 18 of the Conditions. COVERED RISKS SUBJECTTO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHED- ULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of - 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered-, (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to build- ing and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land, (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is' recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice, FORM 72-031-06 ALTA Owner's Policy (6-17.06) 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being, vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been bled or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by it duly authorized officers. Countersigned; Authorized Signature Chicago Title Insurance Company RY� Resident ATTEST: FORM 72-431-06 ALTA owner's Policy (6.17.06) '-IICAGO TITLE INSURANCE CON. 701 MFM AVENUP, #3400, SEAT-L.E, WA 98104 STANDARD OWNER POLICY ( SCHEDULE A Policy No.: 12 6 8 3 2 2 Amount of Date of Policy: AUGUST 5, 2008 at 3:57 PM Insurance; $300,000.00 1. Name of Insured: BARBEE MILL CO., INC., A WASHINGTON CORPORATION 2. The estate Or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: BARBEE MILL CO., INC., A WASHINGTON CORPORATION 4. The land referred to in this policy is described as follows: LOT 115, BARBEE MILL, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 246 OF PLATS, PAGES 25 THROUGH 39, IN KING COUNTY, WASHINGTON; TOGETHER WITH EASEMENTS FOR USE OF THE HARBOR AREA, AND INGRESS, EGRESS AND DREDGING PURPOSES OVER TRACT A OF SAID PLAT, AS SET FORTH IN INSTRUMENT RECORDED UNDER RECORDING NUMBER 20060929003429. ALTADFAIRDA/0999 CHICAGO TITLE INSURANCE COMPANY STANDARD OWNER POLICY SCHEDULE B Policy No,: 1268322 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of; GENERAL EXCEPTIONS: A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a 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. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records F. Any lien for servicc, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto; reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims or title to water. SPECIAL EXCEPTIONS: A 1 -COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE PLAT OF BARGEE MILL, RECORDED IN VOLUME 246 OF PLATS, PAGES 25 THROUGH 39. a 2•EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: COMCAST OF WASHINGTON IV, INC. PURPOSE: BROADBAND COMMUNICATIONS SYSTEM AREA AFFECTED: UNDISCLOSED PORTION OF SAID PREMISES RECORDED: DECEMBER 24, 2007 RECORDING NUMBER: 20071224000192 C 3 -EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: ALUCIP6 bk 5/17/07 D AN AS N r CHICAGO TITLE INSURANCE COMPANY STANDARD OWNER POLICY SCHEDULE B (Continued) Policy No.: 1268322 SPECIAL EXCEPTIONS GRANTEE: BARBEE MILL CO., INC. PURPOSE: INGRESS, EGRESS AND OTHER PURPOSES RECORDED: AUGUST 14, 2008 RECORDING NUMBER: 20080814000714 AREA AFFECTED: PORTION OF SAID PREMISES AND OTHER PROPERTY SAID INSTRUMENT IS A RERECORDING OF AN EASEMENT RECORDED UNDER RECORDING NUMBER 20060929003429. 4. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES.SUSTAINED BY REASON OF SUCH ENTRY; RECORDED UNDER RECORDING NUMBER 467141. 5. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND LIABILITY FOR ASSESSMENTS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION 15 PERMITTED BY APPLICABLE LAW: RECORDED: JUNE 13, 2008 RECORDING NUMBER: 20080613001522 SAID INSTRUMENT SUPERCEDES THE DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS RECORDED UNDER RECORDING NUMBER 20080208000183. 6. ENVIRONMENTAL COVENANT, INCLUDING THE TERMS AND PROVISIONS THEREOF: RECORDED: RECORDING NUMBER: JUNE 6, 2008 20080606001208 7. RELEASE OF DAMAGE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CLARISSA D. COLMAN ALTA01M/RDA/0799 CHICAGO TITLE INSURANCE COMPANY STANDARD OWNER POLICY SCHEDULE B (Continued) Policy No.: 1268322 SPECIAL EXCEPTIONS AND: UNITED STATES OF AMERICA RECORDED: OCTOBER 24, 1906 RECORDING NUMBER: 429598 RELEASING UNITED STATES OF AMERICA FROM ALL FUTURE CLAIMS FOR DAMAGES RESULTING FROM: CONSTRUCTION, OPERATION, AND MAINTENANCE OF CANAL LOCKS, SHIPWAYS, WATERWAYS AND THE RAISING AND LOWERING OF THE WATER LEVEL OF LAKE WASHINGTON a 8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: CONNER HOMES AT BARBEE MILL, LLC BARBEE FOREST PRODUCTS, INC. SEPTEMBER 29, 2006 20060929003431 ACCESS EASEMENT AGREEMENT (SOUTH PARCEL) .w AMENDMENT OF SAID EASEMENT AGREEMENT: RECORDED: AUGUST 14, 2008 RECORDING NUMBER: 20080814000715 AD 9. QUESTION OF LOCATION OF LATERAL BOUNDARIES OF SAID SECOND CLASS SHORELANDS IN RELATION TO THE COURSE OF MAY CREEK. AD 10. ANY QUESTION THAT MAY ARISE DUE TO SHIFTING AND CHANGING IN THE COURSE OR BOUNDARIES OF MAY CREEK INCLUDING, BUT NOT LIMITED TO, IT'S ORDINARY HIGH WATER LINE, as 11. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION OF THE PROPERTY HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF MAY CREEK. a 12. ANY PROHIBITION 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 BEEN FORMERLY COVERED BY WATER. = 13. PARAMOUNT RIGHTS AND EASEMENTS IN FAVOR OF THE UNITED STATES FOR COMMERCE, NAVIGATION, FISHERIES AND THE PRODUCTION OF POWER. ALTAOPH2/RDA/DM I CHICAGO TITLE INSURANCE COMPANY STANDARD OWNER POLICY SCHEDULE B (Continued) Policy No.: 1268322 SPECIAL EXCEPTIONS IT 14. NOTWITHSTANDING PARAGRAPH 4 OF THE INSURING CLAUSES OF THE POLICY, THE ACCESS COVERAGE REFERENCED IN SAID PARAGRAPH 4 IS LIMITED TO THE ACCESS ALLOWED IN ANY CROSSING PERMIT WHICH MAY BE REQUIRED BY THE OWNER OF THE ADJOINING RAILROAD RIGHT OF WAY (OR FORMER RAILROAD RIGHT OF WAY), SUBJECT TO THE TERMS, CONDITIONS AND PROVISIONS THEREIN. ** END OF SCHEDULE B ** d AUTHORIZED SIGNATORY Loan Policy Endorsements: N/A Owner's Policy Endorsements: NONE ALTA0PH2/RDA/0M EXCLUSIONS #ROM COVERAG The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by mason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the band; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk b. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or g. 3. Defects, liens, encumbrances, adverse claims, or other matters : (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however; this does not modify or limit the coverage provided under Covered Risk 9 end 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal harikruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Dale of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean:. (a) "Amount of Insurance": The amount stated in Schedule A, as may be in- creased or decreased by endorsement to this policy, increased by Section e(b), or decreased by Sections 14 and 1 I of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy' in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. "Insured": The Insured named in Schedule A. (i) The term 'Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the slack, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Emily and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Ti tle. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any prop- erly beyond the lines of the area described in Schedule A, nor any right, [ title, interest, estate, or easement in abutting streets, roads, avenues, alleys, `. lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage; deed of trust, trust deed, or other security instru- ment, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. 0) '"title": The estate or interest described in Schedule A. (k) "Unmarketable 'title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE ' The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by'a purchaser from the Insured, or only so long as the insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may he liable by virtue of this policy, or (iii) if the Tille, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured; and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters 6. not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable to establish the Title, as insured or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the -right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the•Company.the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose, Whenever requested by the Com- pany, the Insured, at the Company's expense, shall give the Company all reasonable aid (1) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Com- pany is prejudiced by the failure of the Insured to furnish the required coop- eration, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such co- operation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reason- able times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any au- thorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy ail of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured Claimant to submit for examination under oath, produce any reasonably requested Information, or grant permis- sion to secure reasonably necessary information from third parties as rc- quired in this subsection, unless prohibited by law or governmental regula- tion, shall terminate, any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; THRMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the In- sured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and that the Company is obligated'to pay. Upon the exercise by the Company of this option, all liability and obliga- tions of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any li- ability or obligation to defend, prosecute, or continue any- litigation, (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that, were authorized by the Com- pany up to the time of payment and that the Company is obligated to pay; or (i 1) To pay or otherwise settle with the Insured Claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were autho- rim_ , the Company up to the time of payment and that the Com- pany is Ohl igated.to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage; other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amoum of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title; as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or. damage determined either as of the date the claim was made by the insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance.with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance,, or cures the lack of a right of access to or from the Land, or cures the claim of UnmarkelableTitle, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations. with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for lose or dam- age until there has been a final determination by a court of competent juris- diction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liabil- ity voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATTON OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days, 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies, The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant to any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Hither the Company or the Insured may denwnd that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"), Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arblimble matters may include, but are not limited to, any controversy or claim between thq� iany and the Insured arising out of or relating to this policy, any service in co} on with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed'to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the "Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and Is subject to all of its terms and provisions. Except as the en- dorsement expressly states, it does not (i) modify any of the terms and pro- visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. 16. SEVERABILI. In the event any provision of this policy, in whole or In part, is held invalid or unenforceable under applicable low, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall retrain in full force and effect. 17. CHOICE OR LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in teal property and applicable to the interpretation, rights, remedies, or enforcement of policlea of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction, where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to Interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum. Any litigation or other proceeding {brought by the Insured against the Company must be filed only in a state or federal court within the United Slates of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other nolie0 or statement in writing required to be given to the Company under this policy must be given to the Company at Chicago Title Insurance Company National Claims Adininistration P.O. Box 45023 Jacksonville, Florida 32232-5023 ,X»#�IIIAtm 0 \ \ § f« 1t«fes$¥ fn&r¥may ®�e \ \ q / \ ) $� ) � ¥ � \ � / \ \ Shoreline Exemption Request --- C )f Renton July 27, 2011 EXHIBIT 2 PROJECT NARRATIVE Shoreline Exemption Request — C.-, of Renton Project name: Barbee Boathouse Renovation July 27, 2011 Project size: The proposed boathouse is approximately 1620 sf and replaces an existing boathouse of the same size and dimensions Project Location: 4201 Lake Washington Blvd. Renton, WA 98057 Proposed work: The existing boathouse is supported on rotted/decayed piles that must be replaced to secure continued safe use and enjoyment. Because it is not possible to replace rotting piles without essentially destroying the structure, we have proposed building a structure of the same size and shape in the same location (see Exhibit 3). The boathouse will be supported with galvanized steel 1 -1 -piles to ensure a structurally safe and durable boathouse. All metal components of the boathouse will be galvanized to protect against corrosion. Unlike the old boathouse, at no time will treated piling or timbers be in contact with the waters of Lake Washington. The boathouse footprint will be adjusted several feet north and west to avoid driving piles in the same location as piles from the existing boathouse. This minor change in footprint will also increase sunlight exposure on the south side of the boathouse. Overall 22 piles (mixture of creosote and untreated piles) will be removed and replaced with 12 galvanized steel H -piles. These I -1 -piles are W 14X74 as specified in plans submitted and approved by the City of Renton (11/3/2008). Basis for exemption request: Normal maintenance or repair of existink, structure. The existing boathouse has weathered many years of use (approximately 50 years). Piles supporting the boathouse have rotted from exposure to the elements (principally waters of Lake Washington and unavoidable weathering). As stated above, replacing the piling under the boathouse is not feasible. The entire super structure would have to be removed, existing piling extracted, and the superstructure replaced. Repair of the boathouse will not have any adverse effects to shoreline resources or the environment. Instead, the planned improvements will eliminate the creosote piles and direct exposure of treated wood to the waters of Lake Washington. Additionally, moving the boathouse will moderately increase sunlight to the nearby shallow water habitat on the south side of the boathouse. Replacement of a boathouse is the common method of repair for this type of structure. Existing rotted piles (22 total) will be replaced with 12 galvanized steel 14 -piles. These H -piles are W 14x74 as specified in plans submitted. and approved by the City of Renton (1' 1 /3/2008) and by the US Army Corps of Engineers. The boathouse is comparable to the former boathouse in width. length, and height. The footprint is virtually the same except that only 12 piles will be required to support the structure. The external appearance will be upgraded to provide a structure architecturally consistent with nearby lakefront homes and the development at Barbee Mill to the north. Shoreline Exemption Request — C._, of Renton Anticipated dates of work: July 16 — September 15, 2011 July 27, 2011 Other permits required for proposed project: All other permits have been obtained. This includes Substantial Shoreline Development, US Army Corps of Engineers Permit, Hydraulic Project Approval (Department of Fish & Wildlife), Substantial Shoreline Development Permit (City of Renton), and Water Quality Certification (Department of Ecology) Current and proposed use of the site: The current use of the site is an over water boathouse. The proposed/future use is unchanged. Special site features (i.e. wetlands, water bodies, steep slopes): The existing boathouse is located over water on Lake Washington. Statement addressing soil type and drainage conditions: No soils or drainages will be impacted. Sediments within the dredge prism are free draining sands ranging from tine to coarse. There are some finer silty sands, but these are a small fraction of the total. The lack of turbidity during dredging confirmed existing soil type and lack of substantial silty or clayey materials. No upland drainages or shorelines will be impacted. Total estimated construction cost and estimated fair market value of the proposed project: Estimated construction cost was approximately $97,000. The fair market value at completion will be higher. Estimated quantities /type of materials involved if any fill or excavation is proposed: None. No fill or excavation is proposed in conjunction with this request. Number, type and size of any trees to be removed: None. No trees or shoreline vegetation will be removed. Distance from closest area of work to the Ordinary High Water Mark of the shoreline: The boathouse will be built over the water, a minimum of 18" above the Ordinary High Water Mark as required by the US Army Corps of Engineers, National Marine Fisheries Service, and the Washington Department of Fish & Wildlife. The boathouse is approximately 12' west from the immediate shoreline. Nature of the existing shoreline: The existing shoreline is a rockery bulkhead to the east. North is an existing dock. To the south is a boat ramp and waterfront residence. There are no changes to the existing shoreline If the proposed project exceeds a height of 35 -feet above the average grade level, discuss the approximate location of and number of residential units, existing and potential, that will have an obstructed view: Not applicable. The new boathouse will be less than 35' above existing grade and will be approximately the same height as the existing structure. Shoreline Exemption Request — C f Renton July 27, 2011 EXHIBIT 3 NEIGHBORHOOD DETAIL MAP Neighborhood Detail Map Exit Quendall Terminals [Zoning= COR M e � r LiV muLI MLI V 1 Lake Washington Barbee Mill Develo ment Zonlno = COR , Zoning = COR 7r9.Zoniing = R8 Zoning =RIO z N 3lTH ST BEEN \■00101CghMENEMS aSlm■I L1 Exit 73f Shoreline Exemption Request -- C of Renton July 27, 2011 EXHIBIT 4 WAIVER FORMS PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: I. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section V 3. Building Section DATE: _ ,�ju.Q,10 2lo t A.- Planning Section QAWEB\PMDEVSERV1Forms\Planninglwaiverofsubmlttalreq s,xis 02108 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS J"�4NU 115.,...ERIF.;alM(T A Q :.:.iN..............:.:.:...:.........AL.......-..:.:- .-:.....:....-:-:...:...:.:.:.:.... Parking, Lot Coverage & Landscaping Analysis a pati:' i<jgjaril: P .f. Plat Name Reservation 4 �`�•`���111�III��11€€1111�''sil�1111�11'x1:11;1:::€�1�11111111�1- Preapplication Meeting Summary 4 .p Rehabilitation Plan 4 ��t'�`�� ��:ef�l1��1111�11111111�11111I1�111:1111:1€111:11:1:1:11111:11:11: Site Plan 2 AND 4 Stream or Lake Study, Supplemental Street. Profiles 2 Topography Map Tia:�Ja3��i�tl�`1°`11�1s11111111111111111's1111111111111111111111111�1111i Tree Cutting/Land Clearing Plan 4 J,�I'1�,...,��1Z�;.��Sl t1,�.,.pt;.....�,.,.,.,IG�.,...,.�?.,.,..:4............:...............::.............:...............:...............: ............::...............:...............:................:`•��I Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Preliminary 4 11+1atfa�r�di o :.R� lit7�:.: rtf�� . �a���. Wireless: Applicant Agreement Statement 2AND a Inventory of Existing Sites 2 AND a Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2AND 3 Photos imulations 2AND 3 This requirement may be waived by: 1. Property Services Section. PROJECT NAME: 2. Public Works Plan Review Section i 3. Building Section DATE: 4: Planning Section Q:MEBkPVAD EVSERV1FormslPianning�waiverofsubmittaIrags.xls 02108 Shoreline Exemption Request — t if Renton July 27, 2011 EXHIBIT 5 SITE/PROJECT PLANS 'No.LN3a k 3 s i .,Voa INI`.)n:� P i` ..- e L�4 ! x I1�lf re a Rig x Jill 'N 11 I k4 M11Y r r1r .,Ill r �I r V giV ZZ V 17 z Z O Z f� iiFal J�q , KOH x .� f. - I. If 9377�l5k9a9�39i5�Jii ���3 !`i H 1 XF 'VMN01N311 ;l 3snOH IVOR Mono SVM 'NO-LNTI I3sn IV' INl�fl� -^- 1I C°}_. I� vm�'NO-LN31! � 3snoH ldo9 Irviono Com--- vm 'NOIN3w h S 1 3snOH "09 lNiE)n:) -1, ------ ti LL F -rlpl I I N '77 gjq l PERMIT N A�l SUBMITTAL 0 3 Z m T E CUGINI BOAT HOUSE RENTON. WASHINGTON d PERMIT ! i CUGINI BOAT HOUSE N i SUBMITTAL RENTON. WASHINGTON' 1/y I! p all�! r 1Ir. e� Jill' e a ar I! :sae••��o3"g��:6�i3"s�a��"����"�''i��9aR,������1�'�l��R"fie GQiiR9$lop � L PERMIT 1 I SUBMITTAL is W i CUGINI BOAT HOUSE i RENTON, WASHINGTON 3. Pie t e� ai SIX e a :sae••��o3"g��:6�i3"s�a��"����"�''i��9aR,������1�'�l��R"fie GQiiR9$lop � L PERMIT 1 I SUBMITTAL is W i CUGINI BOAT HOUSE i RENTON, WASHINGTON 3. Pie t m A A F f Pv 1A W 7. 9 m A pp t' : 68" ell: al i °co � � w m I � � � S 9 L (I�I PERMIT SUBMITTAL 11 Oil CUGINI BOAT HOUSE `1{ger RENTON, WASHINGTON l3F�4 11