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HomeMy WebLinkAboutReport 1' ; ' • HONEY BROOKE WEST AKA SAGECREST I VOL/PG A PORTION OF 1HE SW 1/4 OF 1HE SE 1/4, SECTION 10, TWP. 23 N .. AGE. 5 E., W.M CITY OF RENTON, KINQ COUNTY, WASHINQTON S1!9'51'ZO"E 9D.oo· 4 4500 SQ.fl. ' '8 :g sa:;~~o·E b!., 15 PRIVATE __J I ~ ",~ OIINN ESM'T : I • l.i!;! 5 : I? a: ols!iOO Sa.FT. : I ~ S89"51'2o"E 90.00" 6 "'500 SQ FT. S89'51'20"E 90.00' : ' '' ' '" I [i,j CONSTRUCTION ACCESS NOTE IN ORDER TO PRO'dDE CONSTllUCnON ANO MAINlDJANCE ACCESS TO THE 011,N[R(S) OF" LOT 5T 0El'IC1':D HEREON. 1}JE; FOLLOl'Af/0 PllOl'ISIOl>IS ARE HER'EBY M.O,OC; ACCESS '/illl BE PROl'IDEC THROUGH TI-IE 215-FOOT INGllES5/E(;AESS E.'.SEl.!ENT AC!IOSS LOIS 32 & ~~ AND THE 15-FOOT SAMTARY stl\EFI AND C0NS1RUCJ10N ACCESS EJ\SE\jrnT ACIIOSS LOT J4. AS OE!'ICTED HEREOfl ll!lllill D.R. STRONG trA1III CONSULTING ENGINEERS /.i$SM.li,';;--.... ,. ENGINEERS PLANNERS SURVEYORS /'*'~~;(,• •••~t 11)1!Q4NE3elhPLACE,SUITE 101 (\ 'f ii 41$ !1r.:!OOII OFFICE KIRKl.>.m,, WA9ellJJ 4ll'-!!1T.7<2l FM I-'"•"•~•->'""'""'""''="-------•-""'•"•"'""" ·-'-lffl\ 1v.~ ,JP CHY OF RENTON FILE NO. WA-05-055 JOB NO 05-286 \"' -~'"c,~;;, .... ;t'J "~u.ffe;/ SHEET 5 or 5 Ol'lll~ e. ~ I I I I _I ~I ~1 ~ D ~; ,:. ' HONEY BROOKE WEST AKA SAGECREST A PORTION OF THE SW 1/4 OF "THE SE 1/4, SECTION 10, 1WP. 23 N., ROE. 5 E., WM. CITY OF RENTON KINCl OOUNTY WASHINClTON : ------------:o~ I~-~~ --;i--------------~ ~~'h=t ~1· ~20.0' !I 311' IE:U [~SEMENT I REC. NO. 84032309;5,4 .It 84CJ32.$09J5 ~ fail PD! $KORT Pt.AT I I --------------------------·-'-/. t MC.NO. 620618043~ 1 I _/ I -------------1-1 REC. NO. 6:zo+o90;2SJ i:s1 : DD E REPORT EXCEPTIONS· ~~r°~.~N~?zo~e2 I :~...=~ I I REC. NO. 8311l!n07B3 I I L, I &"',. I ,,t I I I I I j I N I L--'------~ ' GRAPHIC SCALE Q j' "' ,oo 1 INC!i •50 fT_ ---T -·---· ---,--,--,-----------'----------,-- I : l I ! <;) I 25' ! Vi' I r I "'"' •/1\I I q'fi' :z:i' P,S.P.1:1.. _!/ / 'i--25' P.S.P.,11... US!MENT I I I fAS[ljEIH I R£C. NO. 37J.11114e: ! REC. NO, 3731111'4-!! i : i l 1--------~-i--l ,1 I , , : : Iii ,----~-------- : : I : I I I I A>-': I 11:1~ ~\1 I "-.;t--: "~o I I 1--------------:.---f, -I II ' I , r------, I I : I I e,4>' t 1 ----.. ---t--·1 I 1 "',{f : , 1 I , 'I ~ 15'!i.OPEI: I .,• , ~· ... I I ~"" ~" , {t'Q-" I / I\ ] V' REC. NO. ros31H ~ I <i! 25' PSPld... ~ I -25kPS.Pld... I <i! I I :---:------!Et~~~~~: RC.-N01=~--J ___ ---i l :---1-------,~---,Tu----i R~~~~~l!~ --·~------..._; : lo' P.S.P . .11... ~T_J I REC. lfll. 37.5911,45 • j 115°1EU~T REC. NO. 3143111a VOL/PG NOTE, ALL EXCEPTIONS DHIJlED BELOW AR€ AS DISCI..OSED IN FIRST J\l,IERJCM,j TITLE INSl)IIMICE COM~AMY FILI: NLIMBE!l ~261-649439 DATED JUNE 19, 200?. NO, 34; !!3091205W -OECI.ARATION OF CONDITIOtlS, CO\IENANTS AND ~EST!IICTIONS PEllTA'MIN<; TO PL113UC WATER 01Sll1ICT Almtx~TION -NOTHIMC TO CR>PHICA!.LY DEPICT HEllEON NO. ~5, SJ120207S2 -PSP&L (PUGET SOUND ENERGr) EASEMENT AS DEPICTED HER!:tl'l. NO. 41: 6206180434 -INGRESS, £i;f;,ESS & UJ:LlfY EASEMENT CON\IErEll BY KIHG COUNTY SHORT PL>.T ND. 4!KJ111, AS DEP1CTED HEREON. TO BE ELIMINATED UPON RECORDING Of" FINAL PLAT DOCUMENTS. NO. 1-20: TAX MATIERS. NO. 2te 960621%68 -CITY OF RENTON fACILITY DiAAGES NO. 22· 20030922002817 -OEED OF musr NO. i;J: W05Hl()8D01J4J -OHO OF' TRUST NO. 24c 2005()6J!OOO!l04 -DEED OF ml/ST. ASSIGNMENT OF l.E"5ES AtiD RENTS, SECURITY A(.REU..ENT, ETC. NO, 25, wa~;o2000,J7 -MEMORANDUM Of' AGREEMENT. NO. 26, STATEMENT OF' IDENTITY OISCllolMER. NO. 27, EVIDENCE OF AU1110RITY (TOM FOSTER -LANOI.EY DE\1£LOPMtNT CROUP) NO. 211: J477P4 -PD!.ERLINE tASEMENT, "AS CONST!IUCIEO" CIRCA 1905, CANNOT BE GRAPHICALL':' DEPICTED HEREON. t!O. 29: J08J164 -SLOPE EASE.iENT AS DEPICTED HEIIEON NO. :lO: J\1296J -PSPM_ (PUGE:T SOUND ENERGY) POWERUNE EASEMENT, Al'PEAAS TO BE A "8L,',Nl<Er EASE.iENT ANO CANNOT BE CRAPHICAlL Y CEP•CTEO HEREON NO. J1• J14J916 -INGRESS, EGRESS & UTILITY E~SEMENT AS DEPICTED HEllEOO NO. ~2: J7J994& -l'SPltl. (PUGET SOUND ENERcr) EASEMENT AS omclED HEllEDN NO, JJc 62040902a3 -UTILITY EASE.inH AS D!'PICTEO >lEREON. NO, JJA: 20050BJ100089~ -A~END.iENT TO e20•0102eJ. NOT>IING TO GR..,,HIC/1.LLY OEPICl >lEREON. CITY OF RE:NTOtil FILE NO. LUA-05-055 NO. 36, SJ120207BJ -PSP&L (PUGET SOUND EMERGY) EASEIIIENT AS OCPICTEO HEREOtl. NO. 37, ll4C32J09J4 -KING COUNTY 'l'iATER DISTRICT NO. 90 EASEMt.NT AS OEPICTEn HEREON, NO. ~: Q.j0J2J09J5 -KING COIJMTY WATER OISTR•CT NO. 90 EASEMENT AS DEPICTED ,ERE~. ric. J9, 87'1113\4\2 · ROI.D MAltlTOJ.:.Nct: AClllIM!:~H -Af'l'UES TO ARE~ OESCf!IBEll tl EASIJ,IENT >1LEll UNDER RECC>lll'NG NO. 11204000283 AND AAIEN!lEa BY RECORDING NO. 2(]~011JIOOOllg6, EXC£PT10t1S NO. JJ & JJA ABOVE. NOTHING TO GRAPHICALLY D.EPICT HEIIEON. NO. 4(]: iGOl1J0712 -INGRESS, EGRESS & unuTY EASEMENT COtl\lEYEO BY KING COUNTY SHORT PLAT HO. 12140JS AS DEPICTED HEREOO. TO BE IJ..IMINATEO UPOO RECORDING OF' FIN/IL PLAT DOCUMENTS. NO, 42: 8!!12019()02 -MATTERS OISClOSED Otl RECCWlO OF' SU!lle(Y -'1QTMJNG TO C;Rol!'HICAU.Y DEPICT HERECN WHICH HAS NOT ALIIE~OY BEEN A00qESSE0 IN EXCEPTlCN 00. 41 ABOVE. TO BE EU!.IIHATEO UPON REMOVAL Ar.ll/DR REPLA~MENT OF' FENC~ ~RIOR TO FlNAL PL~T RECORDIMC. NO. U 20030311000008 -ldAllERS OISQ.05EO ON RECORD Of" S\JRVEY -N01111NC TO GRAl'HICAll.Y DEPICT HERECH WlllCH HAS NOT >L!'E.'DY BEEN >OO~S'S£D I~ EXCEPl'O'>I W.,, 33 ,.90\/E. TO El: ELIMINATED \JPCN REMOVAi. AND/DR REPLACEMENT OF FENCES PRIOR TO FlN"-1. Pt.AT RECORD•HC- NO. 44: 9211040\IJI -WASHIHCTON NATURAL CAS COMPANY EASEMEtH AS DEPICTrtl HEREON r.111:N D,R. STRONG lal1:IJ CONSULTING ENGINEERS ENGJNE:ERS PLANNERS SURVEYORS 1000, Ne-rLAc~. su1T1c 101 Kll<KL'.MJ, WA !1!1031 ~25.821 lOOl OF'r1CE •'lS.827 2•23 FM 800.&12.1'40:iTOLL FREE: www.d11lffilg.corn JOB NO 05-286 SHEET 4 OF 5 HONEY BROOKE WEST AKA SAGECREST if ~,,I A PORTION OF 11-iE fNI 1/4 OF 11-iE SE 1/4 , SECTION 10, lWP. 23 N, AGE. 5 E., W.M. ·1'1J \_NORTH Q'JARTU! COONER 3" BRASS CITY OF RENTON, KING COUNTY, WASHINGTON [!ii OISI< IN 4" CONC. POST PER RITTRENCE 9.U.. ... ---:~~~SITED 11-llS SURIIEY SB~";z(l'02"E ,2s1.oo· LG2a,1.4· ,---------66241 _____ _ I lCE!<lUI Of" S€Cl10N: F"OUND MON IN CASE 'II/ 3/4" 1311ASS DISK W/ PUNC!i IAAAK W.:ST QUARTER ' S03'J4'11E 0.1$' OF lHEMETlc.o.L CENTER, CORNER: 3/4" BRASS! (NOT ACCEPTED) LAST \IISllID HY DRS ROD W/l'UNCH PER 10/19/200~ RITTRENCE HO. 1 1 (RENT 1~411), NOT I Vlsnm THIS SUR\IEY LEGEND I ~t J[i I ! ' + FOUND SECTION COONER AS "'~ i " i r--·- ~i. Ii~ j GRAPHIC SCALE " ,oo ,oo 1 INCH ~,oo rr. --/ / N88 03 FOUND REBAR & CAP. '1).Er 0.4' l:. OF UNE ,{;;:,;:·,;,:,., "'"''''''"·'''" CITY OF' RENTON FIL£ NO. WA.-05-055 SUB\rEYM'S NOTES· 1. SEl:TIDN SUl:llMSKtl: B>.SEO 00 11€CO!l0 OF SIJR\/EY BY STEVEN A. HITWINOS. f'1.S OATEll 5/5/95 M>W FUO IN BOOK 121 OF SURVEYS PAGE 278 UNOER 11€COROIN0 MO. 980:IHIIOCK. F!ECOF'DS OF KiNO COUNTY, WAS!jl!/OTON, SJJD SUB!ll'-ISION 11'.o.5 1/ERIFlEO BY IIE,O.SVREl,IEN'IS BEThUN SELECTED MONUMENlS AS OE"IC'IED HEREON. 2. 8"51!1 tll' 5EAAt1a$: THE NORTH UNE OF lHE SE 1/4 OF SECTIOO 10. l2;!H, R5[. W.W., PER REFEllENCE NO. 2. J, EOJFMENT, 5" TOTAL STATION USED {AU. PH.a.SES). fil EQUIPMENT M/,,!NT/JNEO ti .IJJJJS1MDII TO MANUFl,CTURER SPEOFIC,..TIONS. 4, PROCEOUllES: FIUtl TRAlmSE METHOD MEETS OR E~C£EDS MINIMUM REOUIREMENTS IN ACCOflO,..NCE \'IITH Wl,C JJ2-IJO. 3) RECORD OF SURVEY: te0JJ090!1 -Bl' THE~E L SCl<N80ffi, PLS 4) BOUNDAAY UN!: AM.1511o1Dff: 20000108900008 - OY 'lffl..UAM A. IIICKOX, PLS 8) RECORD OF SURYE'* 20020ei1390000\ -BY BEN V. PETEASW. PLS 8) !l!O!IT PL.AT, 2111»021DIOOOD3 -BY WWii,11 SHUPE ~CU.BERG, PL5 ._ D.R. STRONG ..a CONSUL TING ENGINEERS ENGINEERS PLANNERS SURVEYORS 1oe(MNE3BlhPLACE,SUITE 101 42!.127.XG Off!CE KIRKLAIIO, W" geD3) 425 827.2'123 F.0.X eoo.~T40..11JU.FRl:E JOB NO 05-296 SHEET 3 OF 5 VOL/PG HONEY BROOKE WEST AKA SAGECREST IVOL/PG A PORTION OF "THE SW 1/4 OF "THE SE 1/4, SECTION 10, lWP. 23 N, ROE. 5 E, W.M. CITY OF RENTON, KING COUi'ITY, WASHINOTON PROJECT DATA TOT.'J.. AFIEA: P!l0f'O$[[) HUM3ER OF LOTS P'ROPOSl:O LOI AREA LANO ,r. Sc'ISITI'IE AREAS LANO IN smEETS LAl,!l IN PRIVATE ACCESS EASEMENTS RESTRICTIONS 8.JJ Al)IES " 515J SO.FT (>AEAN) "'"' 80,27! S.F. (1.s• ACRES) 2,IIO~ SO. FT. NO LOT 00 PORTION a' A LOT IN 11-IIS PLAT $Hill BE Dlll!OEll AHll SCl..D OR /!ESa.D 0~ O'IINERSHIP Cl1ANGfl) OR TRANSFElil!EO W-!Effa!Y THE O\\l'l~IP or ANY POIHIIJN Of 1111S l'l,l,T SHAU. BE LESS Tl,AN lHE AREA REOlURED F(fl THE USE OISTI'JCT IN I\HCl1 LOCAlEO. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS lHE DE0-1.RAllON Of COl'EIUNTS, CONOITIONS N'ID ~TRICTIIJNS AA£ Fll£D UNDER A SE'PARATE OOC\JMENT UNOE!I R'ECOF!DING N!M!!ER RECOIID'S OF ~INC COOHT1, 'IIASHINOTON. DECLARATION OF COVENANT TRACTS WITH UNDIVIDED OWNERSHIP m>.cr ..... IS A STORMVIATER OEITNTiotl mo WATUl 00/,UTY TRo\CT TO 9E 01\!'!ED ANO MAll<TNNEO BY THE S,1,.G€CREST HOMEaM-IERS ASSOCUTictl. TRACT "8" IS AN OPEN SP.O.CE TRACT 10 SE Q'l,NE!) AND MAINTAINED BY fflE SAGEC!lEST flOMll'OlfllHER'5 ASSOCIATION. DRAINAGE EASEMENTS CONVEYANCE OF OVERLYING EASEMENT AN D\'ll,1.YING EASOIENT IS HO!rBY CON'/EYED TO THE CHY OF RENTON, 00 ITS SUCCESSOR AGENCY, O\oER, UNOE~. ACROSS, AND U?Otl TRACT "A" FOR lllE P1JRP05"E OF Of'ERATINO. MAINTAINING, ANO REPollRINC THE l)RAINAOE FACIUTIES COHTAINEO 1llEll€1N. PRIVATE DRAINAGE EASEMENTS Tl!E Pl:tlVATE DRAINAG!c EASO.IE!HS SHOii'! ON THE Pl.AT ARE FOO lllE ernmT or LOT o~s 111TH PIIIWITE DII/IJNMJ;E FACILITIES 'llll!-llN Tl-10S( EASEMENTS; THE D"lil'IE!IS Of TI-IE LOTS HAO,NO BE~T Of USE S>IALL SH/.IIE ANO BE EQUALLY RESPONSIBLE FOil THE MAINJENN!c:E .o.NO Ml'Ah'I Of TI-IE DRAINAGE FACILITIES WlHIN l}lE EASDIENT. THE CHY OF RENTON Sll/lll. HA\IE THE IIIGHT TO ENTER S.o.10 ~ENTS TO REPAIR N-IY Dl!'.FICiEHCIES or lt<E ORAINAGt fACIIJTY ltl TI--IE EVENT THE O"MiER(s) IS/ARE NEl]LIGENT IN Tl-IE MAINTENANCE or THE DRAIHM£ FACILITIES. TliESE REPAIRS Sl-l.o.t.L BE AT TliE Ov.NER"S COST. EASEMENT PROVISIONS AN EASEMENT IS HEREBY RESER\IED fOO AND G!l>.'11(0 TO P1J(l£T SOUND EtlEIIOY COMPANY. U.S. WE:ST COMMUNICAllONS. COMCAST CABLE lElP1S10tl llR NlY OlliER lll[C(N,l,JNICATIONS OR CA8LE PIKl~OER. TliE C!Ti' O!' RENTON. 1'11\T[fl DISTRICT NO. 90 ANO THEIR RESPECll\lE SUCCESSORS mo ASSIGNS. UNDER AND UPON THE EXTrnlOR lEN fEET PAR.oil.EL "'TH AAO ADJOINING TH'. STREET FRONTAGE: or /,LI. LOTS NlD TRACTS. ANO TliE INGRESS mo EGRtSS Ef.SElolENT IN LOTS 32 ANO 33 IN WHICH TO INSTALL. LAY, CONSlRUCT, RENEW, OPERATE ANO MAINTAIN SIOEWAIJ( NlO IJHOEflGROUNO CONDUITS. MAINS, C.l.l!LtS ANO Vl!RE:S 'MTH NECESSARY FACILITIES .o.NO OlliER EQU!PMeJ,IT roo Tl-IE PI.R\POSE or SEIWINO THIS SIJBOI0,5100 ANO OTiiER PllOPERTI WTH tllCfflte. TUEPKONE. 0.0.S, WATER ANO UTILllY stR\IICES. TOOETl!Ell '/1111-( THE fll~T TO ENTER UPON TI-IE LOTS AT ALL ni,,ts FOR Tl!E PURPOSE HER!JN STATEO. ALSO EACH LOT SHALL SE SIJB.ECf TO AN EASEMENT 2.5 FEET IN Vl!OTl-1, PAl'!ALLEI. Mlli Al'/0 AOJAWIT TO /,LI. ltlTERl()R LOT l.ltlES roR rnE PURPOstS or Ul1UTI£S .o.tlO DRAINAGE. THESE EASEMENTS EIHEREO UPON fOR THOSE PURPOSES SHAU. BE RESTORED AS NEAA AS POSSIBLE ro nmR ORIGINAL COOO.ll()N. NO LINES OR "'RES FM T!lE 111.o.NSMISSl!J:'l or EI..ECTFIIC OR roR lELEPHONE USE, OR roo CAB!.£ TE1..EO,Sl00. ;RE C11 POLICE SIGtl.o.t.S, QR OTHER ;>URPOSES, SHALL BE Pl.ACED Ofl PERMIT!Dl TO BE PLACED UPON· AAY LOT OUTSIDE THE 6\JILDING TliEREON UNLESS Tl-IE SAAIE SHALL ll£ LINOEF!GROOHO OR IN C!lf'IDUH TO T!lE 81JILOING Tl£ DIIAINAGE FAGIUTlES LOCAITD VllffllH TliE P!':IVATt EMEMDHS SHO'/IN ON THE Pl.AT SHALL SE O\INEO, OPERATED, ANO 1,MINTAJNEO 0Y THE OWNERS or EACH LOT. Tl!E CHY OF f!ENTOtl SHA1.L HAl>E THE RIO\-IT TO ENTrn SAID EASEMENTS TO REPAIR ANY OEFlCIENOES Of niE DllAINAG€ rACUTY ltl fflE EVENT fflE OWHffi<S) IS/ARE t.lEGIJG£NT IN TliE MAINTEN.o.tlCE OF THE ORAINAC£ fACIUTIES. THESE R€F>AIRS SHA!.L BE ~T WE O~ER"S COST. CITY OF RtNTON FILE NO. LUA-05-055 LEGAL DESCRIPTIONS (PER FlRST AMERICAN Tin.E IUSURANCE COMPANY OROER HO. 4:.'61-8'4-!l~II DATEO J/1.NUARY 9. 2D01) PARCEL A: LOT 2 Of KIN; Cout/TY SHORT PLAT NO. 480111, REccmiEO .u!E 18, 1962 IJND!ER KING COUNTY RECOflOING NO. lr.!0&1!104,H, IN l<ING COUNTY, W,1,S1-11t/CTON; ElCCEPT TliE E>,$T 11 FEET Of lHE NORTH &I fEET, """-. THE NORTH 97,JQ FEET OF" 1HE EASTERLY 200.01 FEET. AS lo"EASURED "1.0NG THE NORT\I UNE OF "THE NORTli HALF" OF" Tl-IE NORni HALF Of "THE HORTHVIEST OUARTER OI' TliE SOO"lli'IIEST QUARTER Of THE SOO"lliEAST QUARTER Of SECTION 10. TO\\tlS!llP 23 NORTH, RANGE: ~ EAST. Vi.I.I., ltl t<1NG COUNTY. l'IAfllfJNGTON; EXCU'T Tl-IE EAST JO fEET FOR C()~TY RO.'!!; TOOETHER WITH 1l1E EAST 1, FUT Of THE NORTH ~D FEET Of LOT 2 Of KING COUNTY SHORT f'I..AT NC. 4II011l, RECORctD JUNE 18, 19112 UNDER KING COUHTY RECMDltlC NO. 8206\II04l-l, IN !(ING COUNTY. WAsi;INGTON. ·-· lHE WEST HALF OF l1-!E WEST HALF OF lHE SOUTH Hl>lF Of "DIE NORTI-1'/IEST QUARTrn OI' TI--IE SOUT!IYIEST ll\.lARTtR or Tl!E SOU"lliEAST OUAATE!! Of SECllON 10, TO'lltlSHIP 1J NORTH, RANGE 5 tAST W.r,I,, IN ~ING COUNTY WASH!N :TON: " TOOCTHER WITH THE WBT ZS fEET Of Tl-IE EAST HALF OF THE 'IC! HAl..f or lliE S0UT)i Hl>lF Of l1-!E IIORT1!\\£ST CIJARlER OF lHE SOUTl-11'/EST QU/.IITER OF" THE S0U1IIEAST Oll/.llTER Of SECTION !O. T0\\t1SH1P 23 NORTH, RANGE 5 E.lST, W.M .• IN l(ING Cout/TY l\'ASH!HGTON; EXCEPT THE NORTH 00 FEET TliEREOF. p,'J!CEL 0: THOSE PORTIONS OF S(CTION !O, TOWNSHlP 1J NORTH. Rmot S E.I.ST, W,M., IN KIMG COUNTY WASHINGTON. DESCRIBED ~S l'OUOWS; TH'£ l'IEST ~ FfET Of WE NORlH go FlcET or TliE SOOlliEAST QU"'1Trn Of THE NORTHWEST QUARTER OF TH'£ SOUTHWEST QUARTER OF 'THE ~OU"lliEAST OUARTER: .o.NO lHt NDRni 110 l'EET Of lHE EAST HALF OF TIIE SOO"THW!cST QUAAlER Of TliE N~TH'IIEST QUARTER OF Tl-IE SOIJT!-IYIEST OUARTER Of THE SOUniEAST; EXCEPT 11-IE W.ST 25 FEET lHtREOf. PAACEL E: A PORTION or THE SOUTHEAST QUARTER Of Tl-IE NORlliWEST QUARTER Of TliE SOUTHW!cST QUARl"ER or il-£ SOUTHEAST QUARTEfl OF SEC110N 10, TOWNSH•P 23 NORTH. RANGE 5 EAST, .,,,.M .• IN KING C!JJNTY. W,1,S1-11N(;~ DESCfUBEO AS FO\.L(lllr.;: COM~rnGINO AT THE HtlRTHEAST CORNER Of SAIO SUBDl,ISION; THENCE NORII< 8B'20"4J"\1EST. ,11..0NC THE NORTH LINE Of SAID SUBOl~SIOl'I, A OIST.lliCE OF l0,01 FEET TO TliE TIil.iE POINT OF 8EG!NNIIIG; THENCE ct:l"ITINUING I.LONG SAID NORTH LINE A OIST>.NCE Of 275.81 FEET TO TliE EAST LINE OF THE l'IEST 2!l FE.ET Of SAIi) Sl)8Dl\1Sl0N; THENCE SO\JTl-1 Oi0"02~T, ,11..0NC SAID EAST Ll'IE A DISTANCE Of 32M3 m:T TO THE SOUTH LIN~ Of SAIO SU81lWSION; THENCE SOOTH 88'2.0'52" EAST, ALONG SAID $0\Jl]-l UNE. A DISTANCE Of 275.51 FEET TO THE WEST UNE OF THE EAST 3a FEET Of SAID SUBD1,l$1(:l'I; TllENCE HrlRTH 011"06" EAST, ALONQ SAIO l'IEST um:, A DISTANCE Of 3(1,0'I FEET, THENCE HORTl-1 68"20'~2' WEST A DISTANCE Of 100.03 FEET; Tl-lENCE NOIIT!I 011'06" EAST A DISTNICE Of g;.03 FEET; T!IENCE NORTH 8!!'20"52" WEST A DISTANCE OF B\U9 FEET; THENCE SOUTH 010'02" l'IEST A DISTANCE OF 99.03 ffiT: TH(NCE NORTH 88'2.0"52" l\EST A OIST>.'ICE or 73.02 FEET TO T!IE EAST UNE !J' lHE WEST 4:1 FU:T Of $,1,!0 SU8:t)ll'ISION; THENCE NORTH 0,0'02" u.sr, Al.ONG SAID EAST UNE. A DISTANCE Of 177.:lll f'EU TO THE SOUTH LINE Of "flit NOR"lli 122 FEET Of" SAIO SUBllll'ISION; lHENCE SCJIJ"lli 8B'20"•W EAST • .o.t.Ol'IG SAID SOIJl)l LINE A OIST.IJICE Of 255.56 FEET TO THE VEST LtlE Of Tl-IE EAST JO FEET OF SAIC SUl!Cll,1SIOH; THENCE NORTI-1 o,1·oe· EAST, Al.ONG SAID WEST UNE. A OISTANCI: Of 1:22.04 FUT TO THE lRLl!': POINT Of BEGINNING. PARCEL F: lOT 1 or K1NG COUNTY SHORT PLAT NO. 480111, RECOIIOEO .K.INE 18, 19B2 UNDER RECORDING NO. 82()61904:J'-. AECOIIOS Of K1NO COUNTY, YIASHING!otl, SAIO LOT 9EINO f"UATI-IER 0£SCR18ED /,,S FOL.LOWS.· PARCEL 1, THE Wi'ST HALF Of" THE HORTH HALF Of l1-lE NORTHIIEST QIJ/.IITER or niE SOUTHWEST auAATER OF THE SOUTHEAST QUARTER Of SEC110N 10. TOv,t,151-llP 23 NOR™, R.lliGE ~ EAST. W.M .. IN l(INl,l COOHT'l". ""JISH!NGTOH. PARCEL 2, TI-IE VEST HAI.I' Of THE SOUTHEAST QUARTER Of THE NORT!-1 HALF Of THE NORIIIWEST QUAATER OF THE SOOIIIWEST QUARTER or THE SOOTHEAST QUARTER Of stCTIOO 10. TO\'ll;SHIP Zl Mffilli. R.o.NOE , E~ST. W.M., IN KIN(; CooNTY, WASlllNGTON, EXCEPT "flit NffiTH 87 FEET THER(Of. AND EXCEPT TliE E>.St JO FEET AS CON\IEYEO TO l<INO COUNTY SY OEro RECORDED UNPER AIJOITOR'S ni.;: NO. :lOS&e39. IN KltlG COUNTY, WASHINOTOtl. ·-· "flit EAST H.IJ.F OF THE SOUTHIIEST QUARTER OF TliE NDRffl'/IEST r:,JARTER or TliE SOUTl-1\\EST OUARTER Of THE SOUTI-l<AST QUARTER; EXCEPT THE NORTH 2:,.0 l'EET THEREor; ALSO EXCEPT THE WEST 25 FEET Tl-lEIIEOF: roor::rnER 111TH lHE WEST 1(1 FEET Of THE SOUTHEAST QUARTER OF TliE NORlliWEST OUARlER OF SQIJTH'IIEST QUARTER Of TliE SOUTHEAST QUARTEP,; E~CEPT THE NORTH 2:,.0 FEET Tli£REor; .o.t.L IN SECTION 10, TOl\l'ISHtP 23 NORTH, RI.NOE 5 EAST, W.M., IN KtlG COONTY l'IAS1--IIIIGTON. ?AAC!l. H: TRACT II Of SHORT PUT NO, 12740J5. At:CORDING TO lHE SHOIH PLAT S1JR~Y RECORD!'D UNDER RECORDING NO. 7S01M0712 ANO CORIIEClED UNDER RECOfi:DtliC NO. 7601210.«57, IN l<ING COUNTY, W~SH1'1GTDN, ·-· THE SOUTH 140 FEET Of M NORTH 230 FEET OF 11£ EAST HALF Of THE SOUTH\\EST QUARTER Of WE NORTl-111£:ST 0UARTER OF M S0U1W~ST QUARTER OF niE SOUTI-IEAST QUARlER, EXeEPT THE WEST 2S FEET fflEREOF", NlD lHE WEST 25 fEET OF THE SOUTHEAST QUARTER Of fflE NORTHVoEST OUAATER or TH'. SOUTHWEST OUARTrn or T!IE SOUTHEAST QUARTER: EXCEPT 11-lE NORTH !10 FEET ~NO EXCEPT niAT PORlltr'l or Tm: l'<(ST 10 fEET L11N(I S001li Of TI-IE NORTH ~30 FEET er SAID Sl.JBOll'ISION; /,LI. IN SECTION 10, TOWNSHIP 23 N~lli, R,i,NGE 5 EAST, "'Llo\METIE MERl~AH, IN l<IW. CCIUNTY ""AS111NITTON. ' PARCEi. J: TJIACT A, KING COUNTY SHORT ?U,.T NO 1274035, REOOROCO UNDEl1 REOORDING MO. 7SOl210487, 8£1NG A CORRECllOH Of Sl<ORT Pl.AT RECOR()E() UNDER RECORDING NO. "ll!D1130712. IH KING COUNTY. l'IASHINOTON. ,.._ D.R. STRONG l:Aa CONSUL TING ENGINEERS ENGINEERS PLANNERS SURVEYORS llle04N~381;oPLACE.SIJ!TEt01 ~25127.300JOFFICE KflKI.AtlD, WA91)1)33 8D0.1162, "02 TOll FREE JOB NO 05-286 SHEET 2 OF 5 VOL G HONEY BROOKE WEST AKA SAGECREST A PORTION OF 1H= SW 1/4 OF THE BE 1/4, SECTION 10, TWP-23 N., AGE. 5 E., W.M. CITY OF REN10N, KING COUNTY, WASHINGTON DEDICATION I CERTIFICATION l<NOW AU PEOPI£ BY THESE PRESENTS THAT WE Tl<E UNOERSIGHED O'IINERS OF INTtREST IN THE UNO HOlE8Y SIJBOl\/lll<O, HEREBY OECL-.IJIE THIS PL>.T TO BE TIJE GRAPHIC f!EPRES.::NTATION OF lliE SOBDl~SION M~ HEREBY, At10 DO HEREBY Ol:DICAlE TO Tl.e: USE OF rnE: F'UOUC FOA!;WR ALL smrrrs ANO AVENLIE:S NQT 51101«'1 AS Pla;l,"AlE HEREON ANO DEOIC,l,lE '!HE USE Tl!EREOF FOR ALL PUBUC PURPOSES NOT INCONSISTENT '111TH THE USE TttERWf" FOR PUBLIC HIG1WAY PURPOSES, /IJ,IO ALSO THE RICI-IT TO t,IJ,l(E ALL NECESSARY SI.OPES roll CUTS ANO FILLS UPON lHE LOTS 5110MI HEREON 11'1 THE ORIGINAi. REAS0HA13LE GRA01N0 OF SA.10 STRffTS mil Al'ENUES, AND FURTHER O~CAlE TO Tl£ US£ OF TliE PUBLIC ALL E ... S!:MEtlTS MO TllACTS SH0WH ON 1HIS Pl. .. T FOR IU PI.IBLIC PURPOSES 11$ INDICATED ;rHEREON, INC:!_UDING BUT NOT UMl'J'ED TO PAAIIS, OPEtl SP~ UTILITIES ,',NO OR.oJNAG( UNLESS st;CH HSEUENTS OR llMCTS IYIE SPECIFICALLY IOEtlffiED ON mrs Pl.AT AS BEING DEOJCATm CIA CONVEl'ED TO A PE;RSOH OR ENTITY OTHER THAN TllE PUBLIC. KNOW ALL PEOPLE BY Tl!ESE PRESENTS THAT 11£. THE UNDERSIGNED O'/INERS ~ FEE SIMPI.£ or THE L.ANO HEREIIY CERTIFY THAT Ill, HAVE £STA1lUS>IE0 A HOMEOll!-IER'S ASSOCIATION TO BE KNOIIN AS THE SAGECREST HOMEO\llllER'S I.SSCCIATION (HOA) .. ACCOR!ll>NCE \\ITH WASHlNGT(ll,I STATE LAW '1111101 1DENTIF1ES (ACM LOT or THS PLAT AS A MEMBER or SAID HC>,!EO\ln'lER'S ASSOOATION RECORDED UNDER MING COUNTY RECORO~G NO. ____ _ UPON THE RE:COROING OF THIS PLAT, llMCT$ 'A' ANO 'B' AA£ HEREBY GRl>NTro .o.NO CONVFl'El) 10 THE (HOA), lllACT 'A' FOR A REIDlTION / OE'IENTION olll'E:A, ll!ACT B FOR OPEN SPACE, .OU N(ctSSARY IIAINIDlANCE ACll\'11\ES FOR S,l,IJ ll'IACTS \\IU. ae: THE RESPONSIBILITY Of' lliE HOA. IN TliE £',9/T THAT THE HOA IS OISSOl...nl 00 O'IH,ERIIISE FAILS TO MEET ITS PROPERTY TAX 08LJGATI00S, .0.S E"1DENCE:0 BY NON PAYMENT or PROPERTY TAX£$ FOR A PERIOO OF EHllHEEN (1B) UONTHS, THEN EACH LOT IN MS PLAT SHAU. ASSU!IE ANO HA\/E AN EOU>.l ANO UNOIVIOEO 0'/iNERSHIP INTEREST IH THE ll!ACTS PREl'10USlY Oll,NtO BY THE HOA ANO HA\/E THE ATTENDANT F1NANOAL ANO UAltHENANCE RESl'ONSIBIUID. ITS: L.ANGl.£Y OE\ltLOPIIIEtn CROUP, .,. ,M IT'S: DANK OF AM~'IICA, N.A. ,M JAMES C. JOHNSON 'IUIOO T. JOHNSON ITS, SEATil_E SA'<IN<lS BANK ,M ACKNOWLEDGEMENTS STAIE Cl' WASHINGTOO I I ss COLll'ln' Cf -----~ I CERTIFY THAT I KNOW OR 1-lA\IE SATISfACTORY E,\OENC£ THAT _______JS THE PERSON \IHO Af'PEAREO BETOf!E ME, mo SAID PERSON ACKNOilil.EOCEO THAT HE/SHE SICNEIJ THIS INSTRIJ!JENT. (IN OATH STATW l>lAT HE/SHE WI.S AUTHOl::IZEO TO EXECUTE THE INSTRUMENT />NO ACKN~O IT AS TI1E OF L.JIW.llEYOE\IELOPMENljGROOP,IIIC. W BE THE FREE MO VOLUNTARY AC! Of" SUCH PARn' FOR TllE usrs ANO PURPOSES MENTIOHO} IN n£ INSTRUMENT. OATEO'----------- SIGN.O.TURE or NOTARY PUBLIC, ___ _ PRINTED NMIE_ _________ _ TITLE ------- RESIDING AT MY APPOINTMENT EXl'll!ES ST.O.TE OF WA$1ilNOTC'I ) I" COONTY Of ____ ____________..) I CERTIFY THAT I KNOW QR N~\'{ SATISFACTORY E...,OENCt TliAT S lHE PERSON "'110 I\PPEAREO BEFORE ME, ANO SAID l'ERSON ACt.NO'III.EDGEO TliAl HE/SHE S1Gl;E0 THIS INSTRUMENT. ON OATH STATEO THAT flE/SNE WAS AUTiiORIZEO TO nreuTE THE INSTRUMENT ANO J\CKNOWU::OCEO IT AS THE OF t!ANKOFll\lERICA, NA TO BE THE FREE ANO VOLUNTARY ACT Of SVCf-1 PARn' FOR THE USf:S AND PURPOSEs MENTIONED IN 1HE IHSTRUMENT, °'=-------------- SIGNAnJRE Of NOTARY P!.!BLIC _________ _ PRINTED NAME ___ _ '''--------------- RESIOIHC AT_'"_ MY APP~HTMEHT EXPlRES STATE Of' \'IASHJl,IGTQN ) I" COOHT'/ OF-----~ I CERTIFY THAT I KNOW OR flA\IE SATISFACTORY E'<IOENCE THAT ________ .JS THE PE!!SON \IMO Al'F'LAREO BEFORI': ME, ANO SAID PERSON ACKNO\\UOCEO THAT liE/Sl-lE SIGliED THIS INSTRUl,j[NT, ON OATH ST.O.TEO THAf HE/SHE: WAS AUTHORIZED TO E~ECIJTE THE INSTRUMENT AHO AC~NOW\.EOOEO IT AS THE SUCH PARTY FO!!~™='""&=s",""'"'"""~"o=sr'fl,li~~~~s:'NVl~~~~~T.THE FREE />NO VOLUtnARY ACT Of CITY OF' RENTON FILE NO. LUA-05-055 "'=------------ SIGNATURE OF NOTARY PUBLIC PRINTED NAME-----~-----··------ TlllE ------------------ RtSIDIMC AL---------------- t.lY Af'POIMTl,IENT EXPIRES ACKNOWLEDGEMENTS (CONTINUED) ) SfATE or W'-SHINOTCJol COONlY OF ----- I ss I I CERllFY THAT I l<tlOW OR HAI/E SATISFACTOOY EWlENCE THAT JAMES C. ANO \'UI(() T. JOHNSotl, ll!JS8ANO ANO 111n:, SIGNED nus INSlllUMENT ANO ACKNO\\liDQED IT TC BE THElR n>.f:E />NO WLUNT""Y ACT FOR THE us.:s IINO PURPOSES MEtHlONED IN THE INSffiUMENf. OATW------------- SICNAnJRE OF NOTARY PUSUC ____ _ PF!INltO NAl,IE m ---------------- RESIDING AT __________ _ MY Af'P!IIN!MENl EXf'lftES, _____ _ CITY OF RENTON APPROVALS CIT'{ OF RENTON Pl.ANi'llNG I BUILDING /PUBLICS WORKS DEPARTMENT EXMl•HED ANO I\PPRO\'EO TH<S -DAY Of -----""'· CITY OF RENTON COUNCIL EXAMrHED ANO APPRO\'EO THIS _ DAY or _____ W07. (XI.MINEO />NO-= THIS -DAY Of ______ 2001. CITY CL!'RK, ATTEST CIT'{ OF RENTON FINANCE DIRECTOR'S CERTIFICATE , 1-lERESY CERTIN THAT THERE l,R[ NO OEUNQU£NT SPECIAl ASSESSl,IEN~ ANO All Sl'ECi>.l ASSESSMENTS ON ANY Cf THE PROPERn', HEREIN CONTo\lNE:0, DEOWATEO AS STREETS. ALLEYS OR FOR O!HER PUBLIC USE, ARE PAIO IN flJU.. D'.AM .. EO ANO N'l'RO\/EO THIS -OAY Of _____ 1001. FlNANCE OIRECTOll KING COUNTY APPROVALS KING COUNTY FINANCE OMSION CERTIFICATE I HEREBY CERTIFY n!AT AU. PROPrnr'i TAXES ARE PAIO, THAT THERF.: ARE NO OEl.JNOUENT SPECIAL ASSESS1,ENTS CEl'ITIFlEO ro Tll1S OFTlCE FOR COl.l.E:CTION ANO TI-JAT ALL Sl'EtiAL ASSESSIAENTS CERTIFlED TO TlilS OFTlCE fOI\ COW::CTION ON ANY Cl' THE PftOPERn' HERE:IN CONTAINED, DWICATro AS STRE:tTS. ALL!:YS OR FOR ANY OTHER PUQJC USE, ARE PAID IN flJLL THIS _ OAY Of _______ 2007. MAN.o.GER, Fltll>NCE 01\o\SION DEPUTY DEPARTMENT OF ASSESSMENTS EXAU .. ED ANO M'l'ROVEO Tl!IS __llAY Of ------2007. !<INC COONn' ASSESSOR DEPUTY RECORDING CERTIFICATE Fll.£0 FCR RECORD AT THE REOOEST OF THE KING COUNTY CO\!HOL THIS~..OAY OF _______ 2007. .O.T _ MIMU1'ES PAST_ J,(, AliD RECl:flOEO I~ VOi.UM,: __ Of PLATS. PAGE(S) ___ RECOR{)S or K .. G COIJNn', WASHIHCTOO. DMSION Of' RECOROS AND D..ECTIQNS MANAGER RECOf!OINC NO. ____ --·- SURVEYOR'S CERTIFICATE I NERE!IY CUITIF1' THAT THIS PlAT OF SAG!'CftEST IS BASED UPtf'I 1>N ACTUAL SURVEY AND SIJB01';1SION OF SECTION m, ll)WNSIIIP 2J NORTH, RANGE 5 EAST, W.t.l., THAT THE COURSES Mil PISTANctS ARE SHO\l,N COlfflECTlY THEREON; THAT THE MQNUl,IEN~ 'MLL BE SET ANO THE LOT AND BLOCK CORNERS l'IU. BE STAKED COf!RECTlY ON THE (lROIJNO AS COt/Sll'ILICTlnN IS CONPL.Elill, ANO n!AT I HAVE FIA.LY COMPLIED 111TH THE: PRO<;tSIONS OF' TllE P\.ATllNG REGU~TIONS. (2 "·. L' ·---- ~~I.AMO SURVEYOR. CERTlflCATE NO. ;i.f1J4 J f. ~Dr>7 ftftl!IID.R STRONG Wl1:I° CON: !UL TING ENGINEERS ENGINEERS PLII.NNERS SURVEYORS 1060< IE :la" Pl.ACE, SUITTl 101 Kl UQJ,NO, WA No:!3 •21.821.JlmOfflCE •26,821.2!1)FAII SOO'"-Z.1"°2TOLLFRl:E -~- JJe NO 05-286 S~EET 1 OF 5 ! ~,ANt)5CA.Pf P~AN HONfY 17ROOKI': W!:5f HOQUIAM A\f Ne 51R7'rl:CN'f ffNfON. W~INcifaJ ! I ~~ -':: ~ ' j q ., ' . 1· ·~ " ,. ~ I • ~ i ' ~ ' * " lMUY 1/E',l'CCl'M<Nf Cl10lP, INC. 6450 %\Jrh'.JN'.l'R .\ W .. ~le 106 ;':f:Al11 ~-WA 9blb.'J • " ' C °I. j< ' ,, ' . ~ r l ~.,i: 7/10/06 ~'/1%1'-~ ,;{qi;,., r,,,,,...( P'""' ;,l,- -, ~ .~ ~ J vm.,v. vm.,v • VAIUY _!ff VifUYl.nJ""'f'l' .,.-d-,t,;rl llHHl:170U,L.., \l"""'lo, WI. q5em ~J;-'166-94~ r~ ' C: i! Q_.,·1>- II~ ii,,--1 I ~ I ~ I > I \ -~ I "' c i:,ii ,. '" H 'I il' > J ii Ii ,' ' ~AND'.':CAPE: P~AN ffi'lf r 5f0RMWA1l'R f /'Cll 1/Y t,_j_ .c:>F ,:2-""'~7~ HONfY l'JROOKf W1"5t ffi-:(!I ! WA3-ill.J.:::.1~ :s: " i1 l ~ ~ I > lANalXY[)f\lELOPMl::N-r liROIP. INC. 6J.-,-O 5lU1H:XNIU J.:!, '.V . ;\H IOI, :o.rn. ·0,:~9e100 II I '/ .1 I_ 1 1 I JI ·1, ii II 1/ II t , j ~ 'i ~ ~ t VMLfY. VMLfY & VMLfY .HfV.lttfYW~.,.-ciit.<c, ,v~,.\1'11C\h,...., W-Wh'lt!O/'l 4~·'66·9-'Xl 1 After Recording, Return to: Nanci Lambert Northwest Trustee Services, INC. P.O. Box997 Bellevue, WA 98009-0997 File No.: 7338.20259 Grantors: Northwest Trnstee Services, Inc. Seattle Savings Bank CITY OF RENTON W)\/ 2 0 2008 j& RECE!VED CITY CLER!( S OFFICE Grantee: Langley Development Group, Inc., A Washington Corporation Tax Parcel ID No.: 102305-9385-02; 102305-9015-00; 102305-9036-05; 102305-9070-02; 102305- 9098-00; l 02305-9123.09; 102305-9125-07; 102305-9176-05; 102305-9291-05 Abbreviated Legal: PTN El/2, SWl/4, NWl/4, SEl/4, SECIO, T23N, R5E; SW SE 10-23-5; LOT 1, KCSP NO. 480111, REC. NO. 8206180434; LOT I, SHORT PLAT 480111; El/2 SWl/4 NWl/4 SWl/4 SEl/4 SEC 10, TWN 23N R5E; TRACT B SPL 7601130712; SW SE 10-23-5; LOTS 1-2 SHORT PLAT, REC 8206180434; SEC. I 0, T23N, R5E, NW/4 SE/4; TRACT B, SHORT PLAT 1274035, REC. 7601130712 AND TRACT A SHORT PLAT 1274035, REC. 7601210467 Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq. I. On February 13, 2009, at 10:00 a.m. outside adjacent to the south entrance to 3535 Factoria Blvd SE, in the City of Bellevue, State of Washington, the widersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of King, State of Washington: The Property is described with more particularity in "Exhibit A", attached hereto and incorporated by this reference Commonly known as: Vacant Land Renton, WA 98059 which is subject to that certain Deed of Trust dated 08122/05, recorded on 08/31/05, under Auditor's File No. 20050831000904; Modification Recorded 6/29/2007 with Instrument No. 20070629002658, records of King County. Washington, from Langley Development Group, Inc, as Grantor, to First American Title Insurance Company, as Trustee, to secure an obligation "Obligation" in favor of Seattle Saving Bank, as Beneficiary. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. -- II. No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the Obligation in any Court by reason of the Grantor's or Borrower's default on the Obligation. III. The Beneficiary alleges default of the Deed of Trust for failure to satisfy the loan upon maturity and pay the follo'wing amounts and/or other defaults: Unpaid Principal Balance, Due and Payable on February 1, 2008 Additional Advance Interest from 9/1/07 to 8/31/08 @Note Rate Interest from 9/1/08 to 11/11/08 @Note Rate Prior Accumulated Late charges: Additional Fees Interest from 6/30/07 to 11/11/08 @Note Rate Additional Advance Late Fees Additional Advance Fees Deposit Account Checks covered by SSB Deposit Account Checks covered by SSB T otaJ Arrearage Trustee's Expenses (Itemization) Trustee's Fee Title Report Statutory Mailings Recording Costs Postings Total Costs Total Amount Due: $7,864,250.09 $16,086.26 IV. Amount due to satisfy by 11/11/2008 $6,702,603.28 $300,000.00 $524,446.76 $89,554.06 $28,383.23 $57,066.60 $30,887.72 $1,328.64 $2,250.00 $41,653.63 $86,076.17 $6,750.00 $9,223.58 $40.18 $15.00 $57.50 $7,880,336.35 The sum owing on the Obligation is: Principal Balance of $6,702,603.28, together with interest as provided in the note or other instrument evidencing the Obligation from 09/01/07, and such other costs and fees as are due under the Obligation, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. Toe sale will be made without warranty, express or implied regarding title? possession, or encumbrances on February 13, 2009. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cwed by before the sale to cause a discontinuance of the sale. The sale will be discontinued and terminated ifat any time before the sale, the default(s) as set forth in paragraph IJI, together with accruing interest, advances, costs and fees thereafter due, is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time before the sale by the ' Borrower, Grantor, any Guarantor or the holder of any recorded junior lien or encumbrance paying the entire balance of principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any made pursuant to the terms of the obligation and/or Deed of Trust. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address( es): NAME AND ADDRESS Langley Development Group, Inc. 6450 SouthcenterBlvd. #106 Seattle, WA 98188 C. Thomas Foster, Guarantor 20840 Southeast 118th Place Issaquah, WA 98027 Gerald L. Stump, Guarantor 6450 Southcenter Blvd. #106 Seattle, WA 98188 Unknown Spouse and/or Domestic Partner of Gerald L. Stump 28069 Southeast 258th Street Ravensdale, WA 98051 C. Thomas Fostert Guarantor 6450 Southcenter Blvd. #106 Seattle, WA 98188 Gerald L. Stump, Guarantor 28069 Southeast 258th Street Ravensdale, WA 98051 Unknown Spouse and/or Domestic Partner of C. Thomas Foster 20840 Southeast 118th Place Issaquah, WA 98027 by both first class and either certified mail, return receipt requested on I 0/07/08, proof of which is in the possession of the Trustee; and on 10/07/08 Granter and Borrower were personally served with said written notice of default QC the written notice of default was posted on a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting. VII. The Trustee, whose name and address are set forth below, will provide in writing to anyone requesting it a statement of all foreclosure costs and trustee's fees due at any time prior to the sale. Vlll. The effect of the sale will be to deprive the Gran tor and all those who hold by, through or under the Granter of all their right, title and interest in the Property. IX. Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee1s sale. X. NOTICE TO OCCUPANTS OR TENANTS-The purchaser at the Trustee's Sale is entitled to possession of the property on the 201h day following the sale, as against the Grantor under the Deed of Trust (the: owner) and anyone having an interest junior to the deed of trust, including occupants and tenants. After the 20,J, day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, Chapter 59.12 RCW. XI. Notice to Guarantors ~ (1) Guarantors may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less than the debt secured by the deed of trust; (2) Guarantor have the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustees sale; (3) Guarantors wil1 have no right to redeem the Property after the trustee's sale; (4) Subject to such longer periods as are provided in the Washington deed of trust act, chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee's sale, or the last trustee's sale under any deed of trust granted to secure the same debt; and (5) In any action for a deficiency, the guarantor will have the right to establish the fair value of the Property as of the date of the trustee's sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee's sale, plus interest and costs. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA·Foreclosure.com. EFFECTIVE: 11/11/2008 ( STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) orthwest Trustee Ser ------- P.6. BOX 99'7 Bellevue, WA 98009-0997 Contact: Nanci Lambert (425) S86-1900 Inc., Trustee I certify that I know or have satisfactory evidence that Nanci Lambert is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged (he/she) as the Assistant Vice President of Northwest Trustee Services, Inc. to be the free and voluntary act of such party for the uses and pwposes mentioned in the instnnnent. Dated: November I 1, 2008 nqo,,. .. 11.W NOTARY Pl.IC lllfCICIIIILIONIJC U W0-12 NORTHWEST TRUSTEE SERVICES, INC., SUCCESSOR BY MERGER TO NORTHWEST TRUSTEE SERVICF.S PLLC FKA NORTHWEST TRUSTEE SERVtCES, LLC, P.O. Box 997, BELLEVUE, WA 98009-0997 PHONE (42S) S86-1900 FAX (42S)S86- 1997 File No: 7338.20259 Client: Sc:attle Savings Bank Borrower: Langley Dc:velopmenl Group, Inc. -Honeybrook Parcel A: EXHIBIT A (Description of Property Encumbered by the Deed of Trust and/or Related Security Interests) Lot 2 of King County Short Plat No. 480111, recorded June 18, 1982 under King County Recording No. 8206180434, in King County, Washington; Except the East 11 feet of the North 80 feet. Parcel B: The North 97.39 feet of the Easterly 206.01 feet, as measured along the North line, of the North half of the North half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W .M., in King County, Washington; Except the East 30 feet for County Road; Together with the East 11 feet of the North 80 feet of Lot 2 of King County Short Plat No. 480111, recorded June 18, 1982 under King County Recording No. 8206180434, in King County, Washington. Parcel C: A non-exclusive easement for ingress and egress over the North 30 feet of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section I 0, Township 23 North, Range 5 East, W.M., in King County, Washington, Except the East 30 feet thereof. Parcel D: A non-exclusive easement for ingress and egress created by instrument recorded under Recording No. 8204090283, in King County, Washington. Parcel E: The West half of the West half of the South Half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; Together with the West 25 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East., in King County, Washington; Except the North 90 feet thereof. Parcel F: A non-exclusive easement for ingress and egress over the South 15 feet of the South half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; Except that portion lying within Parcel A; and except that portion lying within 142nd A venue Southeast. Parcel G: Those portions of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: The West 25 feet of the North 90 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; and the North 90 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast; Except the West 25 feet thereof. Parcel H: A non-exclusive easement over the South 15 feet of the North half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of said Section 10; Except the West 333.20 feet; And except the East 30 feet thereof; And except any portion thereof lying within Parcel A. Parcel I: A portion of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington described as follows: Commencing at the Northeast corner of said Subdivision; thence North 88 degrees 20'43" West, along the North line of said Subdivision, a distance of 30.01 feet to the true point of beginning; thence continuing along said North line a distance of275.61 feet to the East line of the West 25 feet of said Subdivision; thence South O degrees 10'02" West, along said East line, a distance of329.43 feet to the South line of said Subdivision; thence South 88 degrees 20'52" East, along said South line, a distance of275.51 feet to the West line of the East 30 feet of said Subdivision; thence North O degrees 11 '06" East, along said West line, a distance of30.01 feet; thence North 88 degrees 20'52" West a distance of 100.03 feet; thence North O degrees 11 '06" East a distance of 99.03 feet; thence North 88 degrees 20'52" West a distance of82.49 feet; thence South O degrees 10'02" West a distance of99.03 feet; thence North 88 degrees 20'52" West a distance of73.02 feet to the East line of the West 45 feet of said Subdivision; thence North O degrees 10'02" East, along said East line, a distance of 177 .38 feet to the South line of the North 122 feet of said Subdivision; thence South 88 degrees 20'43" East, along said South line, a distance of255.56 feet to the West line of the East 30 feet of said Subdivision; thence North 0 degrees 11 '06" East, along said West line, a distance of 122.04 feet to the true point of beginning. Parcel J: Lot I of King County Short Plat No. 480111, recorded June 18, 1982 under Recording No. 8206180434, Records of King County, Washington. Parcel K: A non-exclusive easement for ingress and egress over the North 30 feet of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. , Except the East 30 feet thereof. Parcel L: The East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; Except the North 230 feet thereof; Also except the West 25 feet thereof; Together with the West 10 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; Except the North 230 feet thereof; All in Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington. Parcel M: A non-exclusive easement for ingress and egress over the South 15 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; Except the East 30 thereof. Parcel N: Tract B of Short Plat No. 1274035, according to the Short Plat Survey recorded under Recording No. 7601130712 and corrected under Recording No. 7601210467, in King County, Washington. Parcel 0: A non-exclusive easement for ingress and egress as delineated on Short Plat No. 1274035, according to the Short Plat Survey recorded under Recording No. 7601130712 and corrected under Recording No. 7601210467, in King County, Washington. Parcel P: The South 140 feet of the North 230 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; Except the West 25 feet thereof, and the West 25 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; Except the North 90 feet and Except that portion of the West 10 feet lying South of the North 230 feet of said Subdivision; All in Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington. Parcel Q: A non-exclusive easement for ingress and egress over the South 15 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, Willamette Meridian in King County, Washington. Except the East 30 feet and the West 25 feet thereof; Situate in the County of King, State of Washington. ALSO KNOWN AS:LOTS 1 THROUGH 51, INCLUSNE, AND LOT A, HONEY BROOKE WEST AKA SAGECREST, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 246 OF PLATS, PAGES 87-90, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THAT PORTION LYING WITHIN TRACT A, KING COUNTY SHORT PLAT NO. 1274035, RECORDED UNDER RECORDING NO. 7601210467 BEING A CORRECTION OF SHORT PLAT RECORDED UNDER RECORDING NUMBER 7601130712, IN KING COUNTY, WASHINGTON. TOGETHER WITH all interests, estate or other claims, both in law and in equity, which Grantor now has or may hereafter acquire in the Property; TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access to the Property, and all tenements, hereditaments and appurtenances of and to the Property, and all water rights, permits, certificates and water rights agreements and shares of stock evidencing the same; TOGETHER WITH all right, title and interest of Grantor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property; and any and all sidewalks, alleys, and strips and gores ofland adjacent to or used in connection with the Property; TOGETHER WITH all right, title and interest of Grantor in and to all personal property (the "Personal Property") now or hereafter owned by Grantor and now or at any time hereafter located on or at the Property or used in connection therewith, including, but not limited to, all goods, machinery, tools, insurance proceeds, equipment (including fire sprinklers and alarm systems, office air conditioning, heating, refrigerating, electronic monitoring, window or structural cleaning rigs, maintenance, and all other equipment of every kind), lobby and all other indoor and outdoor furniture, rugs, carpets, and other floor coverings, all inventory related to the Grantor's operation of the Property and any business operated thereon by Grantor, draperies, drapery rods and brackets, awnings, window shades, venetian blinds, curtains, lamps, chandeliers and other lighting fixtures, and office maintenance and other supplies and all proceeds thereof and all rights of Grantor as lessee of any Personal Property; TOGETHER WITH all right, title, and interest of Grantor in the funds deposited pursuant to Section 1.6 or Section 1.7 of the subject Deed of Trust; TOGETHER WITH all the estate, interest, right, title, other claim or demand, which Grantor now has or may hereafter acquire in the Property, including all unearned premiums under insurance policies now or hereafter obtained by Grantor, claims or demands with respect to the proceeds of insurance, all proceeds (including, without limitation, funds, accounts, deposits, instruments, general intangibles, notes or chattel paper) of the conversion, voluntary or involuntary, of any of the property described above into cash or other liquidated claims, including proceeds of hazard, title-and other ' insurance and proceeds received pursuant to any sales or rental agreements of Granter in respect to the Property, all refunds or rebates of taxes or assessments on the Property, all rights of action in respect of the Property and all judgments, damages, awards, settlements and compensation (including interest thereon), heretofore, or hereafter made to the present and all subsequent owners of any property or rights described or encumbered hereby for any injury to or decrease in the value thereof for any reason, or by any governmental or other lawful authority for the taking by eminent domain, condemnation or by any proceeding or purchase in lieu thereof of all or any part of the Property, including, without limitation, any awards resulting from a change of grade of streets and awards for severance damages. TOGETHER WITH any and all existing and future leases (including subleases thereof), whether written or oral, rental agreements and all future agreements for use and occupancy, and any and all extensions, renewals and replacements thereof, upon all or relating to any part of the Property (hereinafter collectively referred to as the "Leases"); TOGETHER WITH any and all guaranties of tenant's performance under any and all of the Leases; TOGETHER WITH the immediate and continuing right to collect and receive all of the rents, fees, charges, accounts, income, receipts, revenues, issues, profits and other income or other payments of any nature now due or which may become due or to which Granter may now or shall hereafter (including any income of any nature coming due during any redemption period) become entitled to or may make demand or claim for, arising or issuing from or out of the Leases or from or out of the Property or any part thereof, including but not limited to fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities, minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance contributions, deficiency rents and liquidated damages following default in any Lease, all accounts, instruments, and general intangibles related to the Granter's operation of the Property and any business operated thereon by Granter and all proceeds thereof, and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, together with any and all rights and claims of any kind which Grantor may have against any tenant under the Leases or any subtenants or occupants of the Properly and all proceeds payable as a result of the Tenant's exercise of an option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any rights or claims of any kind that Granter may have against Tenant under the leases or any occupancy of the Property (all such monies, rights and claims described in this paragraph being hereinafter called "Cash Collateral"), excepting therefrom, any sums which by the express provisions of any of the Leases are payable directly to any governmental authority or to any other person, firm or corporation other than the landlord under the Leases; SUBJECT, HOWEVER, to a license hereby granted by Beneficiary to Granter, but limited as hereinafter provided, to collect and receive all of Cash Collateral. TOGETHER WITH all plans, specifications, contracts, agreements and purchase orders pertaining or incidental to the design or construction of any Improvements; TOGETHER WITH all of Grantor's rights under any payment, performance or other bond in connection with construction of Improvements, and all construction materials, supplies and equipment delivered to the Property or intended to be used in connection with the construction oflmprovements wherever actually located. All architectural drawings, plans, specifications, soil tests, feasibility studies, appraisals, engineering reports and similar materials relating to the Property; TOGETHER WITH all contracts and rights pertaining to or affecting the Property including without limitation all options or contracts to acquire other property for use in connection with operation or development of the Property, deposits, bank accounts, contract rights, accounts, general intangibles (including without limitation trademarks, trade names and. symbols), permits, licenses, franchises and certificates; TOGETHER WITH all commitments or agreements, now or hereafter in existence, intended by the obligor thereof to provide Grantor fluids to repay the Beneficiary or improve the Property and the right to receive all proceeds due under such commitments or agreements including refundable deposits and fees; TOGETHER WITH all books, records, surveys, reports, and other documents related to the property described herein or construction or operation of the Property, TOGETHER WITH all governmental permissions, environmental clearances, authority to subdivide the Property, rights, licenses and permits as are necessary for the commencement, continuation, completion, occupancy, use and disposition of all or any portion of the Property; and TOGETHER WITH all additions, accessions, replacements, substitutions, proceeds and products of the property described herein. The entire estate, property, and interest hereby conveyed to Trustee may hereafter be referred to as the "Trust Estate". Any terms used in this description that are not defined herein shall be defined as those are defined in the Deed of Trust. (t: L,l!A-07-uS'l /.))!}-01-0b 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF KING In the Receivership of: LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation NO. 06-2-35218-1 SEA NOTICE FOR HEARING SEATTLE COURTHOUSE ONLY (Clerk's Action Required ) (NTHG) TO: THE CLERK OF THE COURT and to all other parties listed on Page 2: PLEASE TAKE NOTICE that an issue of law in this case will be heard on the date below and the Clerk is directed to note this issue on the calendar checked below. Calendar Date: May 14, 2008, 8:30 a.m. Day of Week: Monday Nature of Motion: Receiver's Motion for Supplemental Order Approving Employment of Foster PeooerPLLC CASES ASSIGNED TO INDIVIDUAL JUDGES -Seattle If oral argument on the motion is allowed (LR 7(b)(2)), contact staff of assigned judge to schedule date and time before filing this notice. Working Papers: The iudqe's name, date and time of hearing must be noted in the upper right corner of the Judge's copy. Deliver Judge's copies to Judges' Mai/room at C203. [X] Without oral argument (Mon -Fri) [ ] With oral argument Hearing Date/Time: May 14, 2008, 8:30 a.m. Judae's Name: Honorable Susan J. Craiahead Trial Date: 4/21/2008 CHIEF CRIMINAL DEPARTMENT -Seattle in E1201 [] Bond Forfeiture 3:15 pm, 2°dThurofeach month [ ] Certificates of Rehabilitation-Weapon Possession (Convictions from Limited Jurisdiction Courts) 3:30 First Tues af each month CHIEF CIVIL DEPARTMENT -Seattle --(Please report to W1060 for assignment) Deliver working copies to Judges' Mai/room, Room C203. In upper right corner of papers write "Chief Civil Department" or judge's name and date of hearing [ ]Extraordinary Writs (Show Cause Hearing) (LR 98.40) 1 :30 o.m. Tues/Wed -reoort to Room W1060 [ ]Supplemental Proceedings Non-Assigned Cases: (1 :30 pm Tues/Wed)(LR 69) [ ] Non-Dispositive Motions M-F (without oral argument). [ ]DOL Stays 1 :30 pm Tues/Wed [ ] Dispositive Motions and Revisions (1 :30 pm Tues/Wed) [ ]Motions to Consolidate with multiple judges assigned [ ] Certificates of Rehabilitation (Employment) 1 :30 pm (withe'-' oral arguir® ) (LR 40(a)(4)) Tues/Wed /LR 40/2HBll Yo(o !11ista~dc rit• that i~yt your residential address where you agree to accept legal documents. Sign: 1 PrinVType Name: Terrance J. Keenan --WSBA # 38295 (if attorney) Attorney for: Plaintiff Address: Foster Pepper PLLC, 1111 Third Ave, #3400 City, State, Zip Seattle, WA 98101-3299 Telephone: (206) 447-5145 Date: 51512008 DO NOT USE THIS FORM FOR FAMILY LAW, EX PARTE OR RALJ MOTIONS. NOTICE FOR HEARING -Seattle Courthouse Only ICSEA031407 50838982 www.metrokc.gov/kcscc/forms.htm Page 1 LIST NAMES AND SERVICE ADDRESSES FOR ALL NECESSARY PARTIES REQUIRING NOTICE SEE EXHIBIT A (MAILING LIST) ATTACHED HERETO IMPORTANT NOTICE REGARDING CASES Party requesting hearing must file motion & affidavits separately along with this notice. List the names, addresses and telephone numbers of all parties requiring notice (including GAL) on this page. Serve a copy of this notice, with motion documents, on all parties. The original must be filed at the Clerk's Office not less than six court days prior to requested hearing date, except for Summary Judgment Motions (to be filed with Clerk 28 days in advance). THIS IS ONLY A PARTIAL SUMMARY OF THE LOCAL RULES AND ALL PARTIES ARE ADVISED TO CONSULT WITH AN ATTORNEY. The SEATTLE COURTHOUSE is in Seattle, Washington at 516 Third Avenue. The Clerk's Office is on the sixth floor, room E609. The Judges' Mailroom is Room C203. NOTICE FOR HEARING-SEATTLE COURTHOUSE ONLY ICSEA031407 Page 2 Washington Dept L&l 616 120th Ave NE #C201 Bellevue WA 98005-3037 G& Ginc. 18044 SE 224th Street Kent WA 98042 Frontier Construction POB 7570 Covington WA 98042 Edlund and Associates 15005 SE 171 st Street Renton WA 98058 City of Renton Finance Department 1055 South Grady Way Renton WA 98057 Internal Revenue Service 915 Second Avenue Seattle WA 98174 City of Renton 1055 South Grady Way Renton WA 98057 King County Department of Assessments 500 Fourth Ave #ADM-AS-0708 Seattle WA 98104 Langley Development Group, Inc. c/o Diana K. Carey Karr Tuttle Campbell 1201 Third Avenue, Suite 2900 Seattle, WA 98101 0904287.l Washington DOR 21014thAvenue#l400 Seattle WA 98121-2300 Western Asphalt, Inc. c/o Bryan P. Coluccio Cable, Langenbach, Kinerk & Bauer, LLP 1000 Second Avenue, Suite 3500 Seattle, WA 98104-1048 Frontier Bank 560215thAvenueNW Seattle WA 98107 Statewide Parking Lot Service Inc. 33920 211th Pl SE Auburn WA 98092 Washington First International Bank c/o Michael J. Gearin K&L Gates 925 Fourth Avenue, Suite 2900 Seattle, WA 98104-1558 C. Thomas Foster 20840 SE 118th Street Issaquah WA 98027 City of Renton Department of Development Svcs. 1055 South Grady Way Renton WA 98057 Washington State Department of Ecology POB 47600 Olympia WA 98504-7600 William P. McArdel III 1826 114th Ave NE, Suite 101 Bellevue, WA 98004-3003 Seattle Savings Bank 190 Queen Anne A venue N. Seattle WA 98109 King County Water District #90 15606 SE 128th Street Renton WA 98059-4540 SBI Developing, L.L.C. POB 73790 Puyallup WA 98373 Seattle Mortgage Company 190 Queen Anne Avenue N. Seattle WA 98109 Wilson Concrete Construction, Inc. POB 275 Enumclaw WA 98022 Gerald L. Stump 28609 SE 258th Street Ravensdale WA 98051 City of Renton Parks Department 1055 South Grady Way Renton WA 98057 Harbour Homes, Inc. c/o William L Bishop, Jr Bishop White & Marshall, PS 720 Olive Way Suite 1301 Seattle,, WA 98101-1834 Seattle Savings Bank c/o Barry J. Briggs Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Frontier Bank c/o David R. Riley Weinstein & Riley, P.S. 2001 Western A venue, Suite 400 Seattle, WA 98121 0904287 l SBI Developing, L.L.C. c/o David Scott Kerruish Attorney at Law PS 7016 35th Ave NE Seattle, WA 98115-5917 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 SUPERJOR COURT OF WASHING TON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, INC., No. 06-2-35218-1 SEA a Washington corporation I. RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC RELIEF REQUESTED 17 Robert D. Steinberg, the general receiver of Langley Development Group, Inc. 18 ("Langley") pursuant to this Court's Order Appointing General Receiver dated March 28, 19 2008 (the "Receiver"), hereby seeks entry of a supplemental order approving employment of 20 Foster Pepper PLLC ("Foster Pepper") as counsel for the Receiver. 21 22 23 24 25 26 27 28 II. STATEMENT OF FACTS In its Order Appointing General Receiver dated March 28, 2008, this Court authorized and appointed Foster Pepper to act as attorneys for the receivership. Docket No. 375, 'I[ 14; Declaration of Terrance Keenan ("Keenan Deel."), 'I[ 2. The Court stated in the order that the parties acknowledged Foster Pepper's prior representation of Washington First International Bank ("WFIB") on matters unrelated to the receivership, and further acknowledged that Foster Pepper may continue to represent WFIB in the future. Docket No. 375, 'I[ 20; Keenan Deel., RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -I 50910851.2 FOSTER PEPPER PLLC 1111 THIRD A VENUE, SUITE 3400 SEATTIE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,r 2. WFIB has waived in writing Foster Pepper's conflict of interest. Keenan Deel., ,r 2. Foster Pepper has served as counsel to the Receiver since this Court entered the order. Keenan Deel., ,r 3. Since the date of the order, Foster Pepper has further investigated conflicts of interest. Keenan Deel., ,r 4. Foster Pepper has discovered additional conflicts relating to three current clients of the firm: Harbour Homes, Inc. ("Harbour Homes"), Seattle Mortgage Company, and Norris Homes, Inc. ("Norris Homes"). Id. The conflicts arise because the firm would represent the Receiver concurrently with its representation of the three clients. Keenan Deel., ,r 5. Nevertheless, Foster Pepper has determined that the legal services that it would provide to the Receiver are completely unrelated to the services it has provided and will provide to the three clients, and that any confidential information that the three clients provide to the firm will not be related to the firm's work for the Receiver. Keenan Deel., ,r 6. The Receiver has consented in writing to waive the WFIB conflict and the conflicts relating to these three clients of Foster Pepper. Keenan Deel., ,r 7. Foster Pepper has represented and currently represents Harbour Homes in various real estate matters. Keenan Deel., ,r 8. Foster Pepper understands that Harbour Homes has executed a purchase and sale agreement with Langley, has deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. Id. Harbour Homes has waived in writing the conflict of interest, subject to Foster Pepper's agreement that it will not represent either Harbour Homes or the Receiver in the event oflitigation between those parties. Id. Seattle Mortgage Company is a secured creditor in the receivership proceedings. Keenan Deel., ,r 9. Foster Pepper has represented and currently represents Seattle Mortgage Company in various litigation matters. Id. Seattle Mortgage Company has waived in writing the conflict of interest. Id. RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -2 S0910851.2 FOSTER PEPPER PLLC 1111 THIRD A VENUE, SUITE 3400 SEAlTLE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 I 2 3 4 5 6 7 8 9 10 11 Norris Homes has executed a purchase and sale agreement with Langley, has deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. Keenan Deel., ,i 10. Foster Pepper has represented and currently represents Norris in various real estate and litigation matters. Id. Norris has waived in writing the conflict of interest. Id. Foster Pepper has established ethical screens. Keenan Deel., ,i 11. Foster Pepper lawyers who perform services for the Receiver are screened from the other four clients of the firm. Id. The lawyers working for the other four clients are screened from the receivership matter. Id. III. STATEMENT OF ISSUE 12 Should the Court enter a supplemental order approving employment of Foster Pepper 13 as counsel for the Receiver? 14 IV. EVIDENCE RELIED UPON 15 The Receiver relies upon the evidence set forth in the Declaration of Terrance Keenan, 16 which has been filed herewith. 17 18 19 20 21 22 23 24 25 26 27 28 V. AUTHORITY With this Court's approval, the Receiver may employ attorneys that do not hold an interest adverse to the receivership estate to assist or represent the Receiver in carrying out his duties. RCW 7.60.180(1). Attorneys are not disqualified for such employment solely because they are employed by, represent, or are otherwise related to a creditor of the estate or other party in interest so long as the relationship is disclosed in the attorneys' application for employment and the Court determines that there is no actual conflict or inappropriate appearance of a conflict. RCW 7.60.180(2). A conflict of interest can be waived if the attorneys reasonably believe that they will be able to provide competent and diligent representation to each client that is affected by a conflict of interest, such representation is not prohibited by law, such representation does not involve assertion of claims by one client RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -3 50\110851 2 FOSTER PEPPER PLLC 1111 THJRD A VENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 PHONE {206. 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 against the other in the same litigation, and each affected client consents in writing to such representation following disclosure of the material facts constituting the conflict. RPC l.7(a), (b). Washington receivership law provides for Foster Pepper's representation of the Receiver in this case, where there is neither an actual conflict of interest nor an inappropriate appearance of a conflict. Foster Pepper's relationship with WFIB was disclosed prior to the Court's entry of its Order Appointing General Receiver on March 28, 2008. Since that time, Foster Pepper has identified additional conflicts with Harbour Homes, Seattle Mortgage Company and Norris Homes. Foster Pepper has disclosed the conflicts to the Receiver and the other affected entities and sought written waivers of the conflicts pursuant to RPC l.7(a) 12 and (b). The Receiver, WFIB, Harbour Homes, Seattle Mortgage Company and Norris 13 Homes have all consented in writing to waive the conflicts. By this Motion, the Receiver also 14 seeks to give to the Court, and other parties in interest, notice of the conflicts and an 15 opportunity to object to the Receiver's employment of Foster Pepper. 16 17 18 19 20 21 22 23 24 25 26 27 28 VI. CONCLUSION The Receiver respectfully requests that this Court enter a supplemental order approving employment of Foster Pepper as counsel for the Receiver. DA TED this 5th day of May, 2008. FOSTER PEPPER PLLC Christopher M. Alston, WSBA #18823 Terrance J. Keenan, WSBA #38295 Attorneys for the Receiver RECEIVER'S MOTION FOR SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -4 FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SEAlTLE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 50910851.2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, INC., No. 06-2-35218-1 SEA a Washington corporation DECLARATION OF TERRANCE KEENAN IN SUPPORT OF RECEIVER'S MOTION FOR SUPPLEMENT AL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPERPLLC TERRANCE KEENAN declares as follows: I. I am one of the lawyers at Foster Pepper PLLC representing Robert D. Steinberg, the general receiver of Langley Development Group, Inc. ("Langley") pursuant to this Court's Order Appointing General Receiver dated March 28, 2008 (the "Receiver"). I have personal knowledge of the facts contained in this declaration and if asked to testify regarding the same would and could competently do so. 2. In the Order Appointing General Receiver, this Court authorized and appointed Foster Pepper to act as attorneys for the receivership. The Court stated in the order that the parties acknowledged Foster Pepper's prior representation of Washington First International Bank ("WFIB") on matters unrelated to the receivership, and further acknowledged that Foster Pepper may continue to represent WFIB in the future. WFIB has waived in writing Foster DECLARATION OF TERRANCE KEENAN -I 50911336 l FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 5EAITLE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 Pepper's conflict of interest. A true and correct copy of WFIB's waiver is attached hereto as Exhibit A. 3. Foster Pepper has served as counsel to the Receiver since March 28, 2008. 4. After March 28, 2008, Foster Pepper continued to investigate conflicts of interest, and has discovered conflicts relating to three current clients of the firm: Harbour Homes, Inc. ("Harbour Homes"), Seattle Mortgage Company, and Norris Homes, Inc. ("Norris Homes"). 5. The conflicts involving Harbour Homes, Seattle Mortgage Company and 1 o Norris Homes arise because the firm would represent the Receiver concurrently with its 11 representation of those three clients. 12 6. Foster Pepper has determined that the legal services that it would provide to the 13 Receiver are completely unrelated to the services it has provided and will provide to those 14 three clients, and that any confidential information that the three clients provide to the firm 15 will not be related to the firm's work for the Receiver. 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The Receiver has consented in writing to waive a conflict involving WFIB as well as the conflicts involving Harbour Homes, Seattle Mortgage Company and Norris Homes. A true and correct copy of the Receiver's waiver is attached hereto as Exhibit B. 8. Foster Pepper has represented and currently represents Harbour Homes m various real estate matters. Foster Pepper understands that Harbour Homes has executed a purchase and sale agreement with Langley, has deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. Harbour Homes has waived in writing the conflict of interest, subject to Foster Pepper's agreement that it will not represent either Harbour Homes or the Receiver in the event of litigation between those parties. A true and correct copy of Harbor Homes' waiver is attached hereto as Exhibit C. DECLARATION OF TERRANCE KEENAN -2 5091!3361 FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SEATnE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 I 2 3 4 5 6 7 8 9 10 11 12 9. Seattle Mortgage Company is a secured creditor in the receivership proceedings. Foster Pepper has represented and currently represents Seattle Mortgage Company in various litigation matters. Seattle Mortgage Company has waived in writing the conflict of interest. A true and correct copy of Seattle Mortgage Company's waiver is attached hereto as Exhibit D. 10. Norris Homes has executed a purchase and sale agreement with Langley, has deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. Foster Pepper has represented and currently represents Norris in various real estate and litigation matters. Norris has waived in writing the conflict of interest. A true and correct copy of Norris Homes' waiver is attached hereto as Exhibit E. 11. Foster Pepper has established ethical screens. The firms' lawyers who perform 13 services for the Receiver are screened from the other four clients of the firm, and the lawyers 14 who perform services for the other four clients are screened from the receivership matter. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Executed this 5th day of May, 2008 at Seattle, Washington. DECLARATION OF TERRANCE KEENAN -3 5091\J36.1 0 FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUlTE 3400 SEATILE, WASHINGTON 98101·3299 PHONE (206) 447-4400 FAX (206) 447-9700 Exhibit A Bej FOSTER PEPPER'"° VIA EMAIL Mr. Patrick J. Burke Senior Vice President Washington First International Bank 9709 Third Ave. N.E. Seattle, WA 98115-2015 April 15, 2008 Re: Request for Conflict Waiver {ar DearP~k: Direct Phone (206) 447--8915 Direct Facsimile (206) 749-2115 E-Mail bleyj@foster.com As you know, Foster Pepper PLLC has represented Washington First International Bank in various compliance matters. Foster Pepper has been asked to represent Robert Steinberg as the general Receiver of Langley Development Group, Inc. ("Langley") in the Langley Receivership proceedings pending in King County Superior Court (the "Receivership"). Foster Pepper would represent the Receiver in all proceedings involving the Receivership, including the sale of assets of the Receivership estate and the review of creditor claims against the estate, and advise the Receiver on his rights, responsibilities and obligations as Receiver. We understand that Washington First International Bank is a secured creditor in the Receivership, and is being represented by Mike Gearin and K&L Gates. The legal services that Foster Pepper would provide to the Receiver in the Receivership are completely unrelated to the services we have provided and will provide to Washington First International Bank, and any confidential information that Washington First International Bank provides to us will not have any relation to our work for the Receiver. We will not disclose or have any need to disclose any confidential information from you to the Receiver. Nonetheless, these material facts create a conflict of interest for Foster Pepper PLLC pursuant to Rules of Professional Conduct 1. 7 because both Washington First International Bank and the Receiver will be current clients of this firm. Under the rules, however, this conflict can be waived ifwe reasonably believe the representation will not adversely affect our relationship with Washington First International Bank or the Receiver, and if both clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC 1.7(a) and (b). Since the Langley Receivership and the services we provide to Washington First International Bank are unrelated, we believe our representation of the Receiver will not adversely affect our relationships with Washington First International Bank or the Receiver. We also will establish an ethical screen, so that the attorneys who work on the Receivership will be screened from the work done for Washington First International Bank. TEL: 206-447.4400 FAX: 206.447.9700 llll THIRD AVENUE., SUITE 3400 SEATTLE, WASHINGTON 9810l·J299 WWW.FOSTER.COM S09042J6. ! SEATTLE WASHINGTON SPOKANE WASHINGTON PORTLAND OREGON Mr. Patrick Burke April 15, 2008 Page 2 Accordingly, we ask that you consider this matter and contact us with any questions. We also invite you to contact independent counsel to determine if this request for a waiver is appropriate. If you have no objection, we ask that you sign this Jetter, and return a copy to me for our records via email or facsimile at (206) 749-2115. If at any time you have any questions, please do not hesitate to give me a call. Sincerely, CONSENT TO W AIYER OF CONFLICT Washington First International Bank, Inc., has reviewed the letter of April 15, 2008, from Foster Pepper PLLC, (the "Firm"), in which the Firm discloses its proposed representation of Robert D. Steinberg, as Receiver for Langley Development Group, Inc. (the "Receiver"). Due to the Firm's existing representation of Washington First International Bank, Inc., our representation of the Receiver will create an actual conflict of interest with Washington First International Bank, Inc. Washington First International Bank, Inc., is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct 1.7(a)(l), (2), and (b). Moreover, Washington First International Bank, Inc., has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Washington First International Bank, Inc., waives the conflict of interest and affirms it does not object to the Firm's representation of the Receiver in other unrelated matters. S09042J6. I Dated this_ day of _____ , 2008. WASHINGTON FIRST INTERNATIONAL BANK,INC. By _______________ _ Pa trick J. Burke Its Senior Vice President Mr.Patriek3une h.-pci! 1!; 2008 ,.,,., A~rd.ii;gly, weak ttiat ;a:.i. ¢l)\\)~ Ui.:. m.ne:-~ oo.imc~ut trith Wf (_U!$1i.ar.1 \V'! ai,o imitc )'till w cor.tactin1;kperuJtf'.i ""\ltb'Cli l,l,!,c:.:,imi= l!'~111:.(i.1~s,1"u • w,Jnr ~ .r,,i:rOFrilhl, lf:>Du nM-~ :io ;;,·~r:Wii. WC" a5ki:Dt ')'l;lll ~.IIJI l".i"t btt~ . .:inil 1cttm a~ ro ~ (or :iu: !'t~d.1 ,t, lil!".til :,r ~in:iloc .u: (2ffi '749"·'111s. CONSl:'N' ro WA.IYER or CQ!"FlfCT WW~ f!t.atlntt,u11li1n1.8.l8S.n,;, ln::., flu wllcw,df:r.ri,li:1,tl!'t l,f April. 5, 2(~.-fmA Y.o~c~ kfi,P::r PL-LC. (the "fim''). !n l\'bidl. :$.( finn dl.!el:!9'.I!. ltli pr .. 'p!Jatd ri;,:i.o,-1UJ.l11;11i 'if ilafien o)_ SL?!nl!!r<J.61 Audv« br l..w:le1• .C~ai:mm!lt Oro-.o. Jr,t. (t~c "~cch~). !)u.e m tb.e1'\m:',s ~li.Liag;~~t:acton(l!WUh..ngw,t.Pi:st b.~tiQ:i.a.l i:!z:ilr., Jn.::., O'J: ~C11.1Ultiov:tht:~i-wcrwllc 1;1~lt.i~11u ,: .... ,~ ~ou.!lW\ r;/~a1".:;;.ffi:wtii W~hlPgtc-:tl"int !n'mr.i~.:mi!I Biclr.. fa;:. Wabinwtt rITT1 L--mm11t.rn,l Bmtc. ~. ;~suisftK thll.1 t.ie-kltter com.iimS"..Jtficili!At oit;.clQtu.rcof ~ rmt:dtl Urn:;; tbn co1:ci-11ti:: th,: J~ ~.dHv1 of i.-:ctn$t al- req.und by X<.uh1 "!FCOJ:~*!Olll' .;,m .. uc:..l. r({l(S:l, (2), in, (to). M1.1¥U\~. ',',",O,.i"1ll!,\UJI l'i..~l l:'lt.,~1inrod Rr1~k. fol~. '-1.,~ 1rArl (\e ti,:PQt"!>.mlW to :L'flii!.;: th¢ ~ooflict 31,j cormilt with !lt-'P!tf"CC.U:g.\l C(-Un.s::] I'C83?t:!b-,a. t!,\,; Tl.'.11.Uct. 13t!td ~1(11': !ms.-e1.ao~r.ill.t:vmi, W~l:oW.-: Fil?t !nt~naiicnal .B.an.r. L.c_ "!lt'ii'l<l~ the- tonil.ictc€htcrtst u.d 11.rr',nm it lm1 ::i.ot tibj::,;cW jic firm'~ J'Qre<:mtolion cf1hc Re<4lv.,. in Qtt!X'""relir.e<l ~-R. -~ ,_ n.1tedfu:3 ''dl/fof /"'lf',¢.,l.. ,;:005 WAS};IN(iT0:-.1-S.IRS.'T !N'rmciA1'[0:SA!. ~~: -11, "' ';{a T X<'~ --ra.~~r I!:! &!r:;or \'i:!!: P-tt,;$,!dt:!I.I , A . ,,. ···? ..• ~...,~-~~"4..i~.::. <i:.'loj;iw°7~t";,-J .i~·~ y~ ... -.-~!i ~.t..rf rt/£. n7'J,i'14, 1..:..-~n.yv ,,_........:, , _ .-~ -A""~-"" ...:<:,; 5/tJMfq;,. Lu..vt.~s ~f,µ...;4 -,u~ ~~1,fi,.._ ,-, ..... ..,~~-:-..,..·r-,;:s '· • ~ 4 ~-~ =-.. ;;;,~.·.c-t.t. '1..,_.:,, ..k..~ ... -1.. 4r::i. ~ ~i::-i-11.S ~o!!.!I ..;.-~11' '" ll:'l~")l.1-'-.. .,..,,_ -.«.-r,J .4,,j! ""'~MS tu.;;.,,<, ~ ;,t1-~ ~C"fii;t,u.,t.l,nl'.' t2l-d 200/Z!lld Z!9-l Z~ZZ82S90Z )[ll"ff T ,l.UI lSIB V/l-1-D.1.,1 n:m 80,-91-!>ll Exhibit B VIA EMAIL Mr. Robert D. Steinberg Steinberg & Associates 6523 California Ave. SW, PMB 326 Seattle, WA 98136-1879 April 15,2008 Re: Engagement and Request for Conflict Waiver Dear Bob: I. Engagement Direct Phone (206) 447-2906 Direct Facsimile (206) 749-1904 E-Mail AlstC@foster.com We appreciate the opportunity to represent you as the Receiver of Langley Development Group, Inc. ("Langley'') in the Langley Receivership proceedings (the "Receivership"). We look forward to assisting you with this matter. Specifically, Foster Pepper will provide the following legal services: I) represent you as Receiver in all proceedings involving the Receivership; and 2) advise you on your rights, responsibilities and obligations as Receiver. Enclosed please find a copy of our Terms for Engagement of Services. We ask that you read the terms carefully and contact me should there be any questions or concerns. We will bill this matter monthly on an hourly basis. We understand that we will be paid from the Receivership assets and you personally will not be responsible for payment of our fees. I will be the attorney primarily responsible for this matter. My rate will be $400 per hour on this matter. From time to time, I may use other attorneys and legal assistants whose rates may be higher or lower. II. Request for Conflict Waiver As we have informed you, Foster Pepper PLLC currently represents the following entities (collectively, the "Other Clients'') who are involved and/or have interests in the Receivership: 1. Washington First International Bank ("WFIB''): Foster Pepper has provided advice on several small matters involving regulatory compliance and compensation issues. WFIB is a secured creditor in the Receivership proceedings. 2. Harbour Homes, Inc. ("Harbour"): Foster Pepper has represented Harbour in various real estate matters from time to time. Harbour has executed a purchase and sale 50900421.J Mr. Robert D. Steinberg April 15, 2008 Page2 agreement with Langley, has deposited earnest money with Langley, may be a creditor of Langley, and is a potential purchaser of some assets of Langley. 3. Norris Homes, Inc. ("Norris") has been represented by Foster Pepper in various real estate and litigation matters from time to time. Norris has executed a purchase and sale agreement with Langley, deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. 4. Seattle Mortgage Company ("SMC") is currently being represented by Foster Pepper in defending SMC against mortgage lender claims. SMC is a secured creditor in the Receivership proceedings. The Langley Receivership is completely unrelated to the services we have provided and will provide to the Other Clients, and any confidential information that you provide to us will not have any relation to our work for the Other Clients. We will not disclose or have any need to disclose any confidential information from you to any of the Other Clients. Nonetheless, these material facts create a conflict of interest for Foster PepperPLLC pursuant to Rules of Professional Conduct 1. 7 because both you and the Other Clients will be current clients of this firm. Under the rules, however, this conflict can be waived ifwe reasonably believe the representation will not adversely affect our relationship with the Other Clients, and if all clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC 1.7(a) and (b). Since the Receivership and the services we provide to the Other Clients are unrelated, we believe our representation of the Other Clients will not adversely affect our relationships with you or any of the Other Clients. We also will establish an ethical screen, so that the attorneys who work on the Receivership will be screened from the work done for the Other Clients. Accordingly, we ask that you consider this matter and contact us with any questions. We also invite you to contact independent counsel to determine if this request for a waiver is appropriate. If you have no objection, we ask that you execute the attached Consent to Representation, and return the document to us for our records via facsimile at (206) 7 49-1904. Again, we look forward to working with you. If at any time you have any questions, please do not hesitate to give me a call. Enclosures 509-00421. l Sincerely, FOSTER PEPPER PLLC Is Christopher M. Alston Christopher M. Alston Mr. Robert D. Steinberg April 15, 2008 Page3 CONSENT TO REPRESENTATION Robert D. Steinberg, as Receiver for Langley Development Group, Inc., has reviewed the letter of April 15, 2008, from Foster Pepper PLLC, ("the Firm"), in which the Firm discloses its representations of Washington First International Bank, Harbour Homes, Inc., Norris Homes, Inc., and Seattle Mortgage Company (collectively, the "Other Clients"). Due to the Firm's existing representation of the Other Clients, our representation of you will create an actual conflict of interest with the Other Clients. Robert D. Steinberg is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct l.7(a)(I), (2), and (b). Moreover, Robert D. Steinberg has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Robert D. Steinberg waives the conflict of interest and affirms he does not object to the Firm's representation of the Other Clients in other unrelated matters, and agrees to engage the Firm on the terms stated in the letter and in the enclosed Terms for Engagement of Services. Dated this ___ day of ____ ~ 2008. By ____________ _ Robert D. Steinberg, Receiver 50900421 I Mr. Robert D. Steinberg Aprill5,2008 Page3 CONSENT TO REPRESENTATION Robert D. Steinberg, as Receiver for Langley Development Group, Inc., has reviewed the letter of April 15, 2008, from Foster Pepper PLLC, ("the Firm''), in which the Firm discloses its representations of Washington First International Bank, Harbour Homes, Inc., Norris Homes, Inc., and Seattle Mortgage Company (collectively, the ''Other Clients''), Due to the Firm's existing representation of the Other Clients, our representation of you will create an actual conflict of interest with the Other Clients. Robert D. Steinberg is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct 1.7(a)(I), (2), and (b). Moreover, Robert D. Steinberg has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Robert D. Steinberg waives the conflict of interest and affirms he does not object to the Firm's representation of the Other Clients in other unrelated matters, and agrees to engage the Firm on the terms stated in the letter and in the enclosed Terms for Engagement of Services. 10900421.l f" Dated this lf: day of ~ ,2008. lfei FOSTER PEPPERm, Terms for Engagement of Services Thank you for choosing Foster Pepper PLLC. Our Engagement Letter and these "Terms" constitute our agreement with you for performing the engagement described in that letter. We pride ourselves on responsive and vigorous representation and strive to develop excellent working relationships with our clients. Therefore, we wish to share with you the terms of our engagement as your lawyers and tell you about our firm. Our web page (www.foster.com) contains additional information about the finn and its capabilities. If you have questions or concerns, please contact us immediately. Scope of Work Our policy-and the foundation of a sound client-attorney relationship-is to insure that we understand your legal needs and that you understand the nature of the services we will provide. Communication between us is critical. We regularly will keep you informed of our activities on your behalf and will act in your interest at all times to the best of our abilities, subject to our knowledge of the facts and the state of the law during the representation. Generally, one lawyer will be responsible for and will oversee your representation. Other lawyers and legal assistants may work on your behalf-especially when special skill or expertise is required or when delegation is more expeditious and cost- effective, or for other appropriate reasons. Your responsible lawyer will be your point of contact for all aspects of your representation. If at any time you are unhappy with any person working on your behalf, please tell your responsible lawyer or the Chair of the firm's Executive Corrunittee. The situation will be addressed inunediately. We need your help to represent you to the best of our abilities. We rely on you to be candid with and responsive to us, as we will be with you. Please inform us immediately of any change of circumstance affecting the representation or our ability to contact you. We both must respond promptly and completely to inquiries and requests to enable us to represent you effectively. While we cannot assure a successful result in any engagement, we pledge to use our best efforts on your behalf. You may terminate our representation of you at any time and for any reason with notice. In addition, we may choose to withdraw from the representation, but only in accordance with the applicable Rules of Professional Conduct in effect in the jurisdiction where our relationship exists. If we choose to withdraw as your lawyers, we will notify you in writing. At tennination or withdrawal, you will remain obligated to pay us promptly for all charges for legal services rendered as well as charges resulting from the termination or withdrawal, including working with any successor counsel. We will cooperate with successor counsel to assure a smooth transfer of the representation. In the event of termination or withdrawal, we reserve the right to make withdrawals against any advance fee payment or retainer we may hold. Conflicts of Interest Because our representation of you is limited in scope and because we have a large number of clients, we wish to clarify the extent to which our representation of you may affect our ability to represent other clients in other matters, including matters in which you may be involved. We employ internal procedures to insure that our representation of other clients will not cause a conflict of interest with you. Your identity as our client is the person or entity named as the client in our Engagement Letter and does not include any of your affiliates unless so specified. Accordingly, for conflict purposes, we may represent another client with interests adverse to any such affiliate without obtaining your consent, and we respectfully decline to be bound by any contrary policy. If we discover any actual or potential conflict of interest affecting our representation of you, we will notify you promptly. Depending upon our relationship, at the conclusion of the engagement described in the Engagement Letter, you will no longer be considered a current client of the firm. As a former client, you may expect that we will not represent another person in the same or a substantially related matter if that client's interests are materially adverse to your interests unless you have consented in writing to the representation after consultation and full disclosure of material facts. You may also expect that we will preserve appropriately the confidentiality of your information and secrets. Without your prior written consent, we will not represent any client adverse to you in a different matter if we have obtained confidences or secrets from you that are material to that matter. -1 • Records Retention We maintain policies regarding retention and destruction of records. Records include our files and related electronic documentation, including e-mails. Records ( including materials provided by you to us and all electronic documentation) relating to this engagement will be destroyed according to our policies unless you request that they be returned to you. Our own files pertaining to the matter will be retained in accordance with the policies. Our own files include, for example, firm administrative records, time and expense reports, personnel and staffing materials, credit and accounting records, internal lawyers' work product such as drafts, notes, internal memoranda, and legal and factual research, including investigative reports, prepared by or for the internal use of lawyers. We normally retain client files for ten years after a matter is closed. If you wish records to be returned to you when your matter is c1osed, you must inform the responsible attorney in writing of your request We will endeavor to remind you of this policy on completion of the engagement, but we reserve the right to destroy records in accordance with our policy without further notice to you. Fees for Services We generally charge on an hourly basis for time expended on your behalf. This includes, for example, telephone conversations, face-to-face conferences, strategy development and planning, document preparation and review, research, drafting, negotiating, court appearances and travel. Through hourly billing, you pay only for work performed on your behalf. We maintain daily time records that include a brief description of the work done so that you will understand why you are being billed. We record our time in units of tenths of an hour. Upon request, we will work with you to produce a written estimate of the anticipated legal fees and costs for a particular engagement Any such estimate will be based on our prior experience with similar engagements as well as information you provide us about your particular needs. Unless we reach a clear, written understanding that the fee will be a fixed amount, any estimate we make may be revised based upon the facts and circumstances we encounter during your representation. Our rates (which are subject to change prospectively with notice) should always be discussed in advance with your responsible attorney. Generally, rates are revised annually and adjustments will be reflected in our invoices in the month following any adjustment. On occasion, and after discussion with you, we may perform services on a non-hourly basis. Our agreement with you to do so will be in Wiiting. We strive to keep fees and charges at a level appropriate to the task. Expenses In addition to fees for legal services, you will be charged for expenses advanced on your behalf and ancillary costs incurred by us during the course of your representation. Such charges may be revised from time to time without notice and will be reflected in our invoice in the month following any revision. These charges include such things as photocopying and scanning. document binding, external messenger service, electronic records searches and special mailing or courier services. We may add an administrative charge to some or all of these costs. You will not be billed for long distance telephone charges, facsimile transmissions or standard postage charges. Please note that should your work require secretarial overtime (not caused by a secretary working for another client during the regular work day), you will be charged for such service. You may be asked to pay certain non~routine expenses directly to the service provider. These may include travel expenses, filing fees, and fees and expenses of independent professionals such as appraisers, accountants, investigators and court reporters. Often, these expenses must be paid in advance. Normally, we will send the charge directly to you for payment or obtain in advance funds from you to pay such costs. While we are under no obligation to do so, we may advance payment of such expenses and subsequently bill you for the charges. Billing Policy Usually, you will be billed monthly. For your convenience, the billing statement will describe briefly the matter and legal services performed and will set forth the fees and expenses relating to the legal services provided. The bill typically will contain charges incurred during the prior month. Charges for some expense items such as copy and delivery charges may not be processed and billed witil some time after the expense has been incurred. Any past due amounts will bear interest at twelve percent per year. We strive to provide clear and prompt billing statements. If you have any questions regarding your invoice, please promptly call your responsible attorney or our accounting department. -2- Advance Fee and Trust Deposits If required by your Engagement Letter, you must pay in advance an amount equal to our estimate of the fees and costs for some or all of the work contemplated by the scope of the engagement. Any amount remaining at the conclusion of the engagement will be returned to you. If, after commencing work, it appears the advance payment will be insufficient to cover legal fees and costs, you may be asked to advance additional amounts. If required by your Engagement Letter, you must pay a retainer to secure our availability for a given period of time, which is considered earned by us when paid. Amounts you pay to us in trust, including advance payments for fees and costs, will be deposited in a trust account that we maintain for the benefit of our clients as required by the Rules of Professional Conduct. Under these rules, if your deposit is not expected to earn a ''positive net return" given its size, the expected duration of the deposit and prevailing interest rates (less reasonable bank and administrative charges), we will place the deposit into a pooled account. The interest earned on this account must be paid to a charitable foundation established by court rule. If your deposit likely will earn a "positive net return", you may request that it be placed into a segregated account and interest earned on that account will be added to your deposit and will be reported by our bank to the Internal Revenue Service as taxable income to you. If you wish us to place such funds into a segregated account for your benefit, you must provide us with your Federal Tax Identification Number. Attorney-Client Privilege Our attorneys and staff recognize our duty to maintain confidentiality. The attorney-client privilege protects communications between us, whether oral or written, as long as neither of us discloses those communications to anyone else. Privileged communications cannot be used in court without your consent. Therefore, to preserve the privilege and confidentiality of our conununications, you should not show our written communications or discuss any oral communications between us with anyone. Furthermore, certain corrnnunications and documents prepared in anticipation of litigation are also privileged even if no attorney is involved. Because disputes can arise as to whether certain communications are privileged, if you have any questions regarding what you can do, be sure to seek advice from the lawyer with whom you are working. We are not acting as your counsel with respect to the provisions of this statement of Terms for Engagement of Services and to do so would be a conflict of interest. If you wish to seek advice from independent counsel of your choice about whether you should agree to these terms, please do so. In addition, if you have any questions or would like additional information, we are happy to discuss this statement with you farther. These terms of engagement will govern our relationship, however, unless we reach a different agreement in writing. We understand that you have selected us not only for our expertise, but also for our reputation as responsive and creative counsel. Be assured that we will strive to Jive up to your expectations. If you have any questions, please do not hesitate to call. Seattle: Foster Pepper PLLC 1111 Third A venue, Suite 3400 Seattle, Washington 98101-3299 Phone: (206) 447-4400 or (800) 995-5902 Facsimile: (206) 447-9700 or 9283 Spokane: Foster Pepper PLLC US Bank Bldg. 422 West Riverside Avenue, Suite 1310 Spokane, Washington 99201-0302 Phone: (509) 777-1600 Facsimile: (509) 777-1616 Revised: 02/13/08 Portland: Foster Pepper LLP -3- 601 S. W. Second Avenue, Suite 1800 Portland, Oregon 97204-3171 Phone: (503) 221-0607 or (800) 243-0427 Facsimile: (503) 221-1510 Exhibit C lfl FOSTER PEPPER"" VIA EMAIL Mr. Bruce Pelton Mr. John Baringer Harbour Homes, Inc. 1300 Dexter Avenue North, Suite 500 Seattle, Washington 98109 April 24, 2008 Re: Request for Conflict Waiver Dear Bruce and John: Direct Phone (206) 447-8916 Direct Facsimile (206) 749-1973 E-Mail OsboC@foster.com Thanks for your time this morning and willingness to assist Foster Pepper, PLLC. It was good to talk with you and reminded me that we should find more opportunities to work together! As you know, Foster Pepper PLLC has represented and currently represents Harbour Homes, Inc., in various real estate matters. Foster Pepper has been asked to represent Robert Steinberg as the general Receiver of Langley Development Group, Inc. ("Langley") in the Langley Receivership proceedings pending in King County Superior Court (the "Receivership"). Foster Pepper would represent the Receiver in all proceedings involving the Receivership, including the sale of assets of the Receivership estate, and advise the Receiver on his rights, responsibilities and obligations as Receiver. We understand that Harbour Homes has executed a purchase and sale agreement with Langley, deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. The legal services that Foster Pepper would provide to the Receiver in the Receivership are completely unrelated to the services we have provided and will provide to Harbour Homes, and any confidential information that Harbour Homes provides to us will not have any relation to our work for the Receiver. We will not disclose or have any need to disclose any confidential information from you to the Receiver. Nonetheless, these material facts create a conflict of interest for Foster Pepper PLLC pursuant to Rules of Professional Conduct 1.7 because both Harbour Homes and the Receiver will be current clients of this firm. Under the rules, however, this conflict can be waived ifwe reasonably believe the representation will not adversely affect our relationship with Harbour Homes or the Receiver, and if both clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC 1.7(a) and (b). Since the Langley Receivership and the services we provide to Harbour Homes are unrelated, we believe our representation of the Receiver will not adversely affect our relationships with Harbour Homes or the Receiver. We also will establish an ethical screen, so TEL, 206.447.4400 '""' 206.447. 9700 llll THIRD AVENUE, SUITE 3400 SEATILE, WASHINGTON 9"0>-329, WWW.FOSTER.COM .)0904231.l SEATTLE WASHINGTON SPOKANE WASHINGTON PORTLAND OREGON Mr. Bruce Pelton April 24, 2008 Page2 that the attorneys who work on the Receivership will be screened from the work done for Harbour Homes. Foster Pepper also agrees that in the event oflitigation between Harbour Homes and the Receiver, Foster Pepper will not represent either Harbour Homes or the Receiver. Accordingly, we ask that you consider this matter and contact us with any questions. We also invite you to contact independent counsel to determine if this request for a waiver is appropriate. If you have no objection, we ask that you sign this Jetter, and return a copy to me for our records via email or facsimile at (206) 749-1973. If at any time you have any questions, please do not hesitate to give me a call. Sincerely, FOSTER PEPPER PLLC OVJ{W;s-~ Christopher R. Osborn CONSENT TOW AIYER OF CONFLICT Harbour Homes, Inc., has reviewed the letter of April 24, 2008, from Foster Pepper PLLC, (the "Firm"), in which the Firm discloses its proposed representation of Robert D. Steinberg, as Receiver for Langley Development Group, Inc. (the "Receiver"). Due to the Finn's existing representation of Harbour Homes, Inc., our representation of the Receiver will create an actual conflict of interest with Harbour Homes, Inc. Harbour Homes, Inc., is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct l.7(a)(l), (2), and (b). Moreover, Harbour Homes, Inc., has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Harbour Homes, Inc., waives the conflict of interest and affirms it does not object to the Firm's representation of the Receiver in other unrelated matters. :th • t Dated this~ day of Arri , 2008. HARBOUR HOMES, INC. BybsJl.~~ Bruce Pelton Its Vice President :50904lll.2 Exhibit D VIA EMAIL Ms. Stephanie Yates Seattle Financial Group, Inc. 190 Queen Anne Ave. N., Ste. 500 PO Box C-19102 Seattle WA 98109-4829 . April 17, 2008 Re: Request for Conflict Waiver Dear Stephanie: Direct Phone (206) 447 "940'Z Direct FIICS!mile (206) 749-19.!3 H-Mail Davldlilfoster.com As you know; Foster Pepper PLLC has represented and currently represents Seattle Mortgage Company in various litigation matters. Foster Pepper has been asked to represent Robert Steinberg as the general Receiver of Langley Development Group, Inc. ("Langley") in the Langley Receivership proceedings pending in King County Superior Court (the "Receivership''). Foster Pepper would represent the Receiver in all proceedings involving the Receivership, including the sale of assets of the Receivership estate, and advise the Receiver on his rights, responsibilities and obligations as Receiver. We understand that Seattle Mortgage Company is a secured creditor in the Receivership proceedings. The legal services that Foster Pepper would provide to the Receiver in the Receivership are completely unrelated to the services we have provided and will provide to Seattle Mortgage Company, and any confidential information that Seattle Mortgage Company provides to us will not have any relation to our work for the Receiver. We will not disclose or have any need to disclose any confidential information from you to the Receiver. Nonetheless, these material facts create a conflict of interest for Foster Pepper PLLC pursuant to Rules of Professional Conduct 1. 7 because both Seattle Mortgage Company and the Receiver will be current clients of this firm. Under the rules, however, this conflict can be waived if we reasonably believe the representation will not adversely affect our relationship with Seattle Mortgage Company or the Receiver, and if both clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC l.7(a) and (b). Since the Langley Receivership and the services we provide to Seattle Mortgage Company are unrelated, we believe our representation of the Receiver will not adversely affect our relationships with Seattle Mortgage Company or the Receiver. We also will establish an ethical screen, so that the attorneys who work on the Receivership will be screened from the work done for Seattle Mortgage Company. Ms. Stephanie Yates April 17, 2008 Page2 Accordingly, we ask that you consider this matter and contact us with any questions. We also invite you to contact independent counsel to determine if this request for a waiver is appropriate. If you have no objection, we ask that you sign this letter, and return a copy to me for our records via email or facsimile at (206) 749-1983. If at_ any time you have any questions, please do not hesitate to give me a call. Sincerely, FOSTER PEPPER PLLC Isl Douglas L. Davies Douglas L. Davies _ CONSENT TOW AJVER OF CONFLICT Seattle Mortgage Company, Inc., has reviewed the letter of April 17, 2008, from Foster Pepper PLLC, (the "Firm"), in which the Finn discloses its proposed representation of Robert D. Steinberg, as Receiver for Langley Development Group, Inc. (the "Receiver"). Due to the Firm's existing representation of Seattle Mortgage Company, Inc., our representation of the Receiver will create an actual conflict of interest with Seattle Mortgage Company, Inc. Seattle Mortgage Company, Inc., is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict of interest as required by Rules of Professional Conduct l.7(a)(I), (2), and (b). Moreover, Seattle Mortgage Company, Inc., has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Seattle Mortgage Company, Inc., waives the conflict of interest and affirms it does not object to the Finn's representation of the Receiver in other unrelated matters. Dated this .D day of 4r; ,l , 2008. SEATTLE MORTGAGE COMPANY, INC. By St~~ral Counsel "'°""'·' Exhibit E ~ FOSTER PEPPER'"' VIAEMAIL Mr. John Norris Ms. Courtney Norris Norris Homes, Inc. 2053 Faben Drive Mercer Island, Washington 98040 April 17, 2008 Re: Request for Conflict Waiver Dear John and Courtney: This is the letter I discussed with Courtney earlier today. Direct Phone (206) 447-8916 Direct Facsimile (206) 749-1973 E-MaU OsboC@foster.com As you know, Foster Pepper PLLC has represented and currently represents Norris Homes, Inc. in various real estate and litigation matters. Foster Pepper has been asked to represent Robert Steinberg as the general Receiver of Langley Development Group, Inc. ("Langley") in the Langley Receivership proceedings pending in King County Superior Court (the "Receivership"). Foster Pepper would represent the Receiver in all proceedings involving the Receivership, including the sale of assets of the Receivership estate, and advise the Receiver on his rights, responsibilities and obligations as Receiver. We understand that Norris Homes has executed a purchase and sale agreement with Langley, deposited earnest money with Langley, is a potential creditor of Langley, and is a potential purchaser of certain assets of Langley. The legal services that Foster Pepper would provide to the Receiver in the Receivership are completely unrelated to the services we have provided and will provide to Norris Homes, and any confidential information that Norris Homes provides to us will not have any relation to our work for the Receiver. We will not disclose or have any need to disclose any confidential information from you to the Receiver. Nonetheless, these material facts create a conflict of interest for Foster Pepper PLLC pursuant to Rules of Professional Conduct 1.7 because both Norris Homes and the Receiver will be current clients of this firm. Under the rules, however, this conflict can be waived ifwe reasonably believe the representation will not adversely affect our relationship with Norris Homes or the Receiver, and if both clients consent in writing to our representation following disclosure of the material facts constituting the conflict. RPC l .7(a) and (b). Since the Langley Receivership and the services we provide to Norris Homes are unrelated, we believe our representation of the Receiver will not adversely affect our · relationships with Norris Homes or the Receiver. We also will establish an ethical screen, so that TEL, 206.447.4400 """ 206.447. 9700 Jill THIRD AVENUE, SUITE '400 SEAITLE, WASHINGTON 98i0l-J290 WWW.FOSTER.COM 50904124.1 SEATTLE WASHINGTON SPOKANE W,SHJNGTON PORTLAND OREGON • Mr. John Norris April 17, 2008 Page2 the attorneys who work on the Receivership will be screened from the work done for Norris Homes. Accordingly, we ask that you consider this matter and contact us with any questions. We also invite you to contact independent counsel to determine if this request for a waiver is appropriate. If you have no objection, we ask that you sign this letter, and return a copy to me for our records via email or facsimile at (206) 749-1973. If at any time you have any questions, please do not hesitate to give me a call. Sincerely, CONSENT TOW AIVER OF CONFLICT Norris Homes, Inc., has reviewed the letter of April 17, 2008, from Foster Pepper PLLC, (the "Firm"), in which the Firm discloses its proposed representation of Robert D. Steinberg, as Receiver for Langley Development Group, Inc. (the "Receiver''). Due to the Firm's existing representation of Norris Homes, Inc., our representation of the Receiver will create an actual conflict of interest with Norris Homes, Inc. Norris Homes, Inc., is satisfied that the letter contains sufficient disclosure of the material facts that constitute the actual conflict ofinterest as required by Rules of Professional Conduct I .7(a)(l}, (2), and (b). Moreover, Norris Homes, Inc., has had the opportunity to consider the conflict and consult with separate legal counsel regarding this matter. Based upon these representations, Norris Homes, Inc., waives the conflict of interest and affirms it does not object to the Firm's representation of the Receiver in other unrelated matters. Dated this·b'tiay of ~\..-, 2008. NORRIS HOMES, INC. ByM:1w-:t~ J n Noms 1 I;::dent 30904124.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, INC., No. 06-2-35218-1 SEA a Washington corporation (proposed] SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC This matter came before the Court on the motion of Robert D. Steinberg, the general receiver of Langley Development Group, Inc. ("Langley") pursuant to this Court's Order Appointing General Receiver dated March 28, 2008 (the "Receiver"), for entry of a supplemental order approving employment of Foster Pepper PLLC ("Foster Pepper") as counsel for the Receiver (the "Motion"). The Court previously authorized and appointed Foster Pepper to act as attorneys for the Receiver. The Receiver filed the Motion in light of additional conflicts of interest discovered by Foster Pepper since March 28, 2008. This Court has considered the Motion and the Declaration of Terrance Keenan. Based on the Motion, the Declaration of Terrance Keenan, and the Certificate of Mailing of Terrance Keenan, the Court finds and concludes as follows: Findings of Fact: I. Notice of hearing was proper and no further notice is required; SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -I 5091 l29S 1 FOSTER PEPPER PLLC 1111 THIRD AVENUE, 5UITE3400 SEATILE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Foster Pepper's pnor and current representation of Harbour Homes, Inc., Seattle Mortgage Company and Norris Homes, Inc. is disclosed in the Motion; and 3. The Receiver, Harbour Homes, Inc., Seattle Mortgage Company and Norris Homes, Inc. have consented in writing to waive the conflicts. Conclusions of Law: I. 2. There is no actual conflict of interest; and There is no inappropriate appearance of a conflict. Based on the above findings and conclusions, IT IS ORDERED that the continued employment of Foster Pepper as counsel for the Receiver shall be and hereby is approved. DATED this ___ day of May, 2008. JUDGE SUSAN J. CRAIGHEAD Presented by: Christopher M. Alston, WSBA # 18823 Terrance J. Keenan, WSBA #38295 Attorneys for the Receiver SUPPLEMENTAL ORDER APPROVING EMPLOYMENT OF FOSTER PEPPER PLLC -2 509!1298.1 FOSTER PEPPER PLLC 1111 THIRD A VENUli, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 2 3 CITY OF RENTON APR 2 2 2008 RECEIVED CITY CLERK'S OFFICE 4 5 6 7 8 9 10 l l 12 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 13 14 15 16 17 18 19 20 21 WASHING TON FIRST INTERNATIONAL BANK, Plaintiff, vs. C. THOMAS FOSTER AND THE MARITAL COMMUNITY OF C. THOMAS FOSTER AND MARYL FOSTER, Defendants, Seattle Savings Bank, Garnishee/Defendant. 22 TO: THE CLERK OF THE COURT NO. 06-2-35218-1 SEA NOTICE OF WITHDRAWAL OF COUNSEL 23 AND TO: 24 KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP Michael J. Gearin, David C. Neu, Christopher M. Wyant, Attorneys for Plaintiff 25 AND TO: ALL COUNSEL OF RECORD 26 // 27 // 28 Notice of Withdrawal (06-2-35218-1 SEA) -Page 1 o/2 LUI\-o1-o5'1 WA--01-D.b 1 HILLIS CLARK MARTIN & PETERSON, P.S. 500 Galland Bullding, 1221 Second Ave Seattle WA 98101-2925 206.623.1745; fa< 206.623.7789 2 You AND EACH OF YOU are hereby notified that Hillis Clark Martin & Peterson, 3 P.S., Joseph A.G. Sakay and Amit D. Ranade, hereby withdraw as counsel for 4 garnishee/defendant Seattle Savings Bank in the above-entitled action. 5 DATED this 'Z-1 day of April, 2008. 6 7 8 9 10 11 12 13 14 15 16 17 I 8 19 20 21 22 23 24 25 26 27 28 HILLIS CLARK MARTIN & PETERSON, P.S. By oseph A.G. Sakay, WSBA #24667 Amit D. Ranade, WSBA #34878 Attorneys for Garnishee/Defendant Seattle Savings Bank CERTIFICATE OF SERVICE The undersigned certifies that on this day she caused a copy of this document to be mailed to the last known address of all counsel of record. I certify under penalty of perjury under the laws of the state of Washington and the United States that the foregoing is true and correct. €.1. DATED this~ day of April, 2008, at Seattle, Washington. ~·.:,,.])_ Wttµ,;YdR Patricia D. Churchill ND: 18388.004 4846-4904-2434,1 4/21/08 Notice of Withdrawal (06-2-35218-1 SEA) -Page 2 of 2 HILLIS CLARK MARTIN & PETERSON, P.S. 500 Galland Building, 1221 Second Ave Seattle WA 98101-2925 206.623.1745; fax 206.623.7789 HCMP HILi.iS CLARK MARIJN & PETERSON I r1 ,1• o_//i,e,, 500 Galland Budding 1221 Second Avenue Seattle, Washington 98101-2925 A PROFESSIONAL SERVICE CORPORATION ·~-,-··-"·-~--···---·-----·-----·---· ------ 21. APR 2008 PM City of Renton 1055 S. Grady Way Renton, WA 98057 ' ,,. .. ,~ . ._ ~---~-,~-1-T .. ~~~'&Q.-~ .· 02 ~~ 00()":440- . 0003062082 APR 21 2008 -: MAILED FROM ZIP CODE 98101 ·3t:CJ57+~323:;: Ii,/' ,i'' /,Ii,'" i, i Ii''' i, ,Ii" ,i, /,,//,,,I ,i,i, j,,j, i "' I iii 2 3 4 5 6 7 8 9 10 11 12 13 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, INC., No. 06-2-35218-1 SEA a Washington corporation NOTICE OF RECEIVERSHIP 14 TO: Creditors of Langley Development Group, Inc., a Washington corporation, and other parties in interest 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE that on March 28, 2008, the King County Superior Court appointed Robert D. Steinberg as general receiver (the "Receiver") over the assets of Langley Development Group, Inc. a Washington corporation ("Langley Development Group"), whose last known address is 6450 Southcenter Boulevard, Suite I 06, Tukwila, Washington 98188. Pursuant to the Order Appointing General Receiver, the Receiver has assumed control of the assets of Langley Development Group and has initiated the process of an orderly disposition of the assets or a sale of the business. Correspondence to the Receiver may be sent in care of the Receiver's attorneys at the address set forth below. S0900310.2 FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SEATILE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Claims. The Receiver currently is not able to predict whether any particular class of creditors can expect to receive payment on claims for pre-receivership debts owed to them. Nonetheless, all persons and businesses who believe they are owed money by Langley Development Group on account of any goods, services or credit provided to Langley Development Group before March 28, 2008, or who claim to have any other obligation enforceable against Langley Development Group on account of any transaction occurring before that date, should fill out the Proof of Claim form attached hereto as Exhibit A in order to share in any distribution of assets to members of the claimant's class of creditors. The Proof of Claim form must be returned to the Receiver's counsel at the address listed below no later than May 27, 2008. The bar date for state agencies or taxing authorities is September 24, 2008. Creditors who fail to timely file a claim will not share in any distributions, should any funds become available for such distribution. The Claim Form must be mailed to the Receiver's attorney: Christopher M. Alston, Foster Pepper PLLC, 1111 Third Avenue, Suite 3400, Seattle, Washington 98101, by the deadlines set forth above. The form does not need to be filed with the Court. 17 Request for Special Notice. Pursuant to RCW 7.60.190(2), any person interested in J 8 the receivership as a party or creditor may serve upon the undersigned and file with the clerk 19 of the court a written notice of appearance stating that he/she desires special notice of any and 20 all proceedings in the administration of the receivership. 21 22 23 24 25 26 27 28 Dated: April 17, 2008. NOTICE OF RECEIVERSHIP -2 50900310 2 FOSTER PEPPER PLLC Isl Christopher M Alston Christopher M. Alston, WSBA # 18823 Attorneys for Receiver FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SEA TILE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF WASHING TON IN AND FOR KING COUNTY In the Receivership of: The Honorable Susan J. Craighead LANGLEY DEVELOPMENT GROUP, INC., No. 06-2-35218-1 SEA a Washington corporation PROOF OF CLAIM [TO BE MAILED BY CREDITORS NO LATER THAN MAY27, 2008 AND BY ST A TE AGENCIES OR TAXING AUTHORITIES BY SEPTEMBER 24, 2007] DEBTOR: Langley Development Group, Inc., a Washington corporation SECTION I: CREDITOR INFORMATION Creditor's Name and Address: D Check box if the above address differs from the address on the envelope sent to you PROOF OF CLAIM -1 50904377 l EXHIBIT A FOSTER PEPPER PLLC 1111 THIRD A VENUE, SutTE 3400 SEA TILE, WASHINGTON 98101-3299 PHONE {206) 447-4400 FAX (206. 447-9700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION II: CLAIM INFORMATION I. BASIS FOR CLAIM: D Wages, salaries and commissions (fill out below): Your Social Security No. (last four digits) ____ _ Unpaid services performed from to ______ _ Nature of services (describe briefly) ----------------- Person al injury/wrongful death/property damage D D D D D D Other (describe briefly) ____________________ _ Rent Goods Services performed Monies loaned 2. 3. THE DATE(S) THE DEBT TO YOU WAS INCURRED:----------- AMOUNT CLAIMED THAT IS STILL OWING TO YOU BY THE DEBTOR ON ACCOUNT OF ANY TRANSACTION BEFORE MARCH 28, 2008: Principal: Accrued interest as of ------ Other (describe briefly): ______ _ Subtotals: TOTAL OF (a)+ (b): Amount secured by Security Interest or Lien $ ______ _ $ ______ _ $ _____ _ (a)$ _____ _ Unsecured Amount $ ______ _ $ ______ _ $ _____ _ (b) $ _____ _ $ ______ _ Briefly state the basis upon which you claim a security interest or lien (if any): -------- D Interest of$ per day on and after March 28, 2008 is claimed. ------- PROOF OF CLAIM -2 50904377 I FOSTER PEPPER PLLC 1111 THIRD A VENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. You must attach copies of documents in support of this claim, such as purchase orders, invoices, account statements, contracts, court judgments, and evidence of any security interests or liens, and of any agreement as to the interest to be paid to you. If the documents are not available, explain. If the documents are voluminous, attach a summary. [This form should not be used to make a claim for expenses incurred after the filing of the receivership order on March 28, 2008.] Setoffs: Have any sums owed by you to the Debtor been offset against sums owed as of March 28, 2008 by the Debtor to you in calculating your claim? D Yes D No If so, what amounts have you offset? ____________________ _ Briefly describe the nature of the offsetting debt(s): ______________ _ Send your Proof of Claim form to: Christopher M. Alston, Foster Pepper PLLC, 1111 Third Avenne, Snite 3400, Seattle, Washington 98101-3299 YOU DO NOT NEED TO FILE THIS CLAIM WITH THE COURT. If you want receive an acknowledgment of the receipt of your claim, you must enclose a stamped, self-addressed envelope and a copy of your claim. CERTIFICATION The undersigned certifies under penalty of perjury that the Debtor named above is indebted to the claimant in the amount shown, that there is no security for the debt other than that stated above or in an attachment to this form, that no interest other than such as had accrued as of March 28, 2008 has been included, that all information supplied herein is true and correct, and that the undersigned is authorized to make this claim. [NOTE: There may be criminal penalties for presenting a fraudulent claim.] Sign and print the name and title, if any, of the creditor or other person authorized to file this claim. Date PROOF OF CLAIM -3 50904377.1 Signature Print Name and Title, if any FOSTER PEPPER PLLC 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 PHONE (206) 447-4400 FAX (206) 447-9700 , Return Address: City Clerk's Office City of Renton 1055 S. Grady Way Renton WA 98055 Plu.se print or typr: lnrormarion s A 0 ' over WASHINGTON T TE REC lU>ER S C Sh eet (RCW 6S.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) )_ 8,1( o+' S0.a!e 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'son page __ of document Grantor(s) (Last name, 111st name, in.\tials) I. kl "cj le)". m12.elat rr-.e "'t G no,< e. .J;,,, 2. ' .. Additional names on page __ of docwncnt. Gran tee( s) }Last nai!, firs~ then first name and initials) 1.G:zjt '1. ,e,.11. '1 "" mu.111c1,f!:!a ( C<!J,.-f_o&. ·/,.oa 2. . ' Additional names on page __ of document. L'al descrip2e,~-tbb.C,';!;.ted: +eJ3~}'~.£"t or scctio:;,?3~· range) /. . ,./ 2:, SE:. A, /-:Z ,f/.,~ ._ .s.: ~ f'j.: 1/ . 810(../K 'S ')S,u/$"1 Id, 7k...:,· 'f' :z3 1 'f<!. , r/tl-' (pi,• ,-·t1,tr; StV <'j),.,,,=,r; SE'. ,pu .. rn,'"4-r,-,,c:r IS SI>•,.,-· YfLf /2. 7 'fo5S, /?ec 7(,0/2.iD'il.7 g"-". r,.,.J A-. k,"~ ~~ ... ~ sl,,,,-+?t,,_ ;27<f..&.3s, Zee. 7(,01210<,1(, z Additional legal is on page __ of docwnent. Assessor's ~e~ T~rcel/Accou~~ber D Assessor Tax# not yet assigned /02.:505<j'. f ;l.-3 070, /o;;,..3 v, /o:z..305'1S8.S /o:z..3o!:>9/25 ' , , I O:Z """" Qo.-:i;, /O:z.3t:>S917'-, /O:Z3DS'r:J-9/ The Auditor/Recorder will rely on the infonnation provided on the form. The staff will not read the docwnent to verify the accuracy or comnletencss of the indexin~ infonnation provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided m RCW 36.18.0 I 0. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. ~t_ ht;:· SignatureofRequestingParty Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 BILL OF SALE Proj Name: Reference Numbcr(s) of Documents assigned or released: Additional reference numbers arc on page __ . Grantor(s): Grantee(s): tl.,b.~ ~e,)r ~, (\.lC... I. City of Renton, a Municipal Corporation The Gran tor, as named above, for. and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Grantee, as named above, the following described personal property: WATER SYSTEM: Length Size Type (lPS>~o) L.F. of Water Main L.F. of Water Main L.F. of Water Main each of " Gate Valves each of Gate Valves each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: t,2ro Size W, L.F. of 3 --"~ Sewer Main ~ L.F. of ~-Sewer Main L.F. of Sewer Main Ik each of A'b Diameter Manholes each of Diameter Manholes STORM DRAINAGE SYSTEM: each of L.F. of L.F. of L.F. of each of ,. Lift Stations Size ~ Z,,.-r eachof ~" Li each of ~,, 4g STREET IMPROVMENTS: (lncludiqg Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk 41 l O L.f. Storm Main Stonn Main Stonn Main Storm Inlet/Outlet Stonn Catch Basin Manhole Asphalt Pavement: ? 4 '?;) O SY or L. F. of ____ Width STREET LIGHTING: l.., # of Poles --~L--+-J--- By this conveyunc~-Grantor will \\arrant and defemJ the sale h.:reby made unto the Grantee against all ,mU every person or person'.>, whomsoever_ h1wfolh-daimim! OJ to ch1im the: same ·111is conveyance ,,h;1II bind the heirs, executors, administrators und assi '.llS forever O:\Forms\PBPVJ\BILLSALE2.DOC\bh Page I ' ' IN WITNESS W ~' EOF, said Granter has caused this instrument to be executed this It., day of~, 20.QF Notary Seal must be within box Notary Seal must be within box Notary Seal must be within box O:\Forms\PBP\V\B1LLSALE2.D0C\bh INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that e,. Thomas ~ttv -~---cc--c-cc--c-ccaac---ccc--c---c--c-----c---signed this instrument and 1 er/their free and voluntary act for the uses and purposes ent Nf:'f>RESEN1A Tlvt: FORM OF .1CKNOWLEDGMl::.7v'T STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that l know or have satisfactory evidence that _________ _ __________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and _________ _ of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print). _______________ ~ My appointment expires:. _____________ _ Dated: CORPORATE FORM OF.4('1(/VOWLEDGiHHNr STATEOFWASHINGTON )ss COUNTY OF KING ) On this ___ day of _____ ~ 20 __ , before me personally appeared -----------------------c-.,.--~t,o me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she \Vas authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print), _______________ ~ My appointment expires: _____________ _ Dated: Page 2 ... ' IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF KING Washington First International Bank V. Langley Development Group, Inc., et. al. NO. 06-2-35218-1 SEA (consolidated) NOTICE FOR HEARING SEATTLE COURTHOUSE ONLY (Clerk's Action Required ) (NTHG) TO: THE CLERK OF THE COURT and to all other parties listed on Page 2: PLEASE TAKE NOTICE that an issue of law in this case will be heard on the date below and the Clerk is directed to note this issue on the calendar checked below. Calendar Date: !.!.M,..a.,_,rc"'-h,...,2,,,8e...,;2"'0"-08,,_ _____ Day of Week: Friday f f Nature of Motion: Motion for A~Mintment o Genera Receiver or Lanalev Develonment Groun nc. CASES ASSIGNED TO INDIVIDUAL JUDGES -Seattle If oral argument on the motion is allowed (LR 7(b)(2)), contact staff of assigned judge to schedule date and time before filing this notice. Working Papers: The iudqe's name, date and time of hearing must be noted in the upper right comer of the Judge's copy. Deliver Judge's copies to Judges' Mai/room at C203. [] Without oral argument (Mon -Fri) [X] With oral argument Hearing Date/Time: March 28, 2008, 9:00 a.m. Judoe's Name: Hon. Susan Craiahead Trial Date: Aoril 14 2008 CHIEF CRIMINAL DEPARTMENT -Seattle in E1201 [ ] Bond Forfeiture 3: 15 pm, 2"d Thur of each month [ ] Certificates of Rehabilitation-Weapon Possession (Convictions from Limited Jurisdiction Courts) 3:30 First Tues of each month CHIEF CIVIL DEPARTMENT -Seattle --(Please report to W1060 for assignment) Deliver working copies to Judges' Mai/room, Room C203. In upper right comer of papers write "Chief Civil Department" or judge's name and date of hearing [ ]Extraordinary Writs (Show Cause Hearing) (LR 98.40) 1 :30 n.m. Tues/Wed -reoort to Room W1060 [ ]Supplemental Proceedings Non-Assigned Cases: (1 :30 pm Tues/Wed)(LR 69) [ J Non-Dispositive Motions M-F (without oral argument). [ JDOL Stays 1 :30 pm Tues/Wed [ J Dispositive Motions and Revisions (1 :30 pm Tues/Wed) [ ]Motions to J,onsolidate with multiple judges assigned [ J Certificates of Rehabilitation (Employment) 1 :30 pm (without oral gument) (LR 40(a)(4)) Tues/Wed /LR 40/2)/B)) ~ address that is)oot your residential address where you agree to accept legal documents. Si · Print/Type Name: David C. Neu WSBA # 33143 (if attorney) Attorney for: Washington First International Bank Address: 925 Fourth Ave., Suite 2900 City, State, Zip Seattte, WA 98104 Telephone: 206-370-7893 Date: March 2008 DO NOT USE THIS FORM FOR FAMILY LAW, EX PARTE OR RALJ MOTIONS. NOTICE FOR HEARING -Seattle Courthouse Only ICSEA031407 www. metro kc. gov/kcscc/forms. htm K\2037501 \00030\20347 _DC N\.20347P241 S Page 1 ' LIST NAMES AND SERVICE ADDRESSES FOR ALL NECESSARY PARTIES REQUIRING NOTICE Name Paul E. Brain -Smith Alling Lane PS Service Address: 1102 Broadway Plaza. Suite 403 City, State, Zip Tacoma. WA 98402 WSBA# 13438 Atty For: Fosters. Stumps, Langley Development Group Inc .• Langley Development Group Inc .• and R.A.L. Development and Venture Company Telephone#: 206-623-4711 Name William Philip McArdel Ill Service Address: 1826114u; Ave .• NE. Suite 101 City, State, Zip Bellevue WA 98004 WSBA# 13583 Atty For: The Holidays Telephone#: 425-454-1828 Name SBI Developing. LLC Service Address: 12815 Canyon Rd. East, Suite M City, State, Zip Puyallup. WA 98373 WSBA# Atty For: ______ _ Telephone#: ------------ Name Wilson Concrete Construction Inc. Service Address: 24030 SE 371 ST City, State, Zip Enumclaw. WA 98022 WSBA# Atty For: ______ _ Telephone#: ___________ _ Name Amit D Ranade Service Address: Hillis Clark Martinson & Peterson, 1221 2"a Ave .• Suite 500 City, Stale, Zip Seattle, WA 98101 WSBA#34878 Atty For: Seattle Savings Bank Telephone#: ------------ Name Steven P. Recor Service Address: 2100 1161 " Ave NE City, State, Zip Bellevue. WA 98004 WSBA# 6259 Atty For: The Dooleys Telephone#: (425) 451-1400 Name: David R. Riley Service Address:2001 Western Ave., Suite 400 City, Stale, Zip: Seattle. Washington. 98121 WSBA# 12057 Atty For: Frontier Bank Telephone#: 206-269-3490 Name: City of Renton Service Address: 1055 S. Grady Way City, State, Zip Renton, WA 98057 WSBA# Atty For: ______ _ Telephone#: ------------ Name Western Asphalt Inc. c/o Bryan P. Collucio Service Address: Cable. Langenbach, Kinerk & Bauer. LLP, 1000 2"a Ave .• Suite 3500 City, State, Zip Seattle, WA 98104 WSBA# Atty For: ______ _ Telephone#: ------------ IMPORTANT NOTICE REGARDING CASES Party requesting hearing must file motion & affidavits separately along with this notice. List the names, addresses and telephone numbers of all parties requiring notice (including GAL) on this page. Serve a copy of this notice, with motion documents, on all parties. The original must be filed at the Clerk's Office not less than six court days prior to requested hearing date, except for Summary Judgment Motions (to be filed with Clerk 28 days in advance). NOTICE FOR HEARING -SEA TILE COURTHOUSE ONLY ICSEA031407 Page 2 THIS IS ONLY A PARTIAL SUMMARY OF THE LOCAL RULES AND ALL PARTIES ARE ADVISED TO CONSULT WITH AN ATTORNEY. The SEATTLE COURTHOUSE is in Seattle, Washington at 516 Third Avenue. The Clerk's Office is on the sixth floor, room E609. The Judges' Mailroom is Room C203. NOTICE FOR HEARING -SEA TILE COURTHOUSE ONLY ICSEA031407 Page 3 The Honorable Susan Craighead Hearing Date: March 28, 2008 With Oral Argument I 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE ST ATE OF WASHING TON IN AND FOR THE COUNTY OF KING 9 WASHING TON FIRST INTERNATIONAL BANK, a Washington 10 bank, 11 Plaintiff, 12 V. 13 LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation; 14 GERALD STUMP and JANE DOE STUMP, husband and wife, and the 15 marital community composed thereof, and C. THOMAS FOSTER and MARYL C. 16 FOSTER, husband and wife and the marital community composed thereof, 17 18 WASHING TON FIRST Defendants. 19 INTERNATIONAL BANK, a Washington bank, 20 21 22 Plaintiff, V. C. THOMAS FOSTER and MARYL 23 FOSTER, as individuals and in their marital community, 24 25 Defendants. PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -I K:\2037501\00030120347 _0CN\20347P241T Case No. 06-2-35218-1 SEA (LEAD CASE) PLAINTIFF'S MOTION FOR APPOINTMENT OF A GENERAL RECEIVER OVER LANGLEY DEVELOPMENT GROUP, INC. Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KIRKPATRJCK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASIDNGTON 98104-1158 TELEPHONE· (206) 623-7580 F ACSIMil.E: (206) 623-7022 1 WASHING TON FIRST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 v. Plaintiff, RAL DEVELOPMENT AND VENTURE 6 COMPANY, a Washington general partnership; STURGUS LLC, a 7 Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN 8 HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS 9 FOSTER and MARYL FOSTER, husband and wife and the marital community 10 thereof; TERRANCE KOLBET AND CHRISTINE KOLBET, husband and wife; 11 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 12 IN CORPORA TED, a Delaware corporation; 1 ST SECURITY BANK OF 13 WASHINGTON, a Washington bank; GB HOME EQUITY, LLC, a Wisconsin 14 limited liability company; LANGLEY VENTURE GROUP, INCORPORATED, 15 a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, 16 husband and wife, BAIMA & HOLMBERG, INCORPORATED, a 17 Washington corporation, Defendants. Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) 18 19 20 21 22 23 24 25 I. INTRODUCTION This case involves a series of construction loans made by Washington First International Bank ("WFIB") to various defendant entities, all of which are controlled in full or in part by an individual named C. Thomas Foster. Having reduced most of its claims to judgment, and faced with the threat of diminution in the value of the assets of judgment debtor Langley Development Group, Inc. ("Langley Development"), WFIB moves for appointment of a general receiver pursuant to RCW Ch. 7.60 to take PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC.· 2 K:12037501 \00030\20347 _ DCN\20347P241 T KffiKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE StnTE 2900 SEATILE, WASHINGTON 98104-1158 TELEPHONE: (206)623-7580 FACSIMil..E: (206) 623-7022 1 possession and control of the real property of Langley Development Group, to liquidate 2 such property, and to thereafter report to the Court as to the necessity for further 3 proceedings. 4 II. STATEMENT OF FACTS 5 WFIB's case against Langley Development was commenced in November, 2006. 6 The complaint against Langley Development contained causes of action for a judgment on 7 a promissory note related to a loan made by WFIB to Langley Development (the "Benner 8 Note"), and a claim for fraudulent transfers made to Langley Development by an affiliated 9 company called Langley Venture Group, Inc. ("Langley Venture") to Langley IO Development that were used to partially fund development of Langley Development's real 11 estate projects. Both Langley Development and Langley Venture are owned and 12 controlled by C. Thomas Foster. The case against Langley Development was 13 subsequently consolidated with lawsuits by WFIB to collect on debts owed by a general 14 partnership of Mr. Foster, R.A.L. Development and Venture Company ("R.A.L."), and to 15 collect on debts owed by Mr. Foster personally under his guarantee of the obligations of 16 Langley Venture to WFIB. 17 A. The "Benner Plat". 18 On January 17, 2007, the Court appointed Perry A. Stacks as custodial receiver to 19 take possession and control of a development project owned by Langley Development, 20 commonly known as the "Benner Plat," which was encumbered by a deed of trust 21 securing a loan in favor ofWFIB (the "Benner Loan")1• See Docket No. 42. Langley 22 Development and Mr. Foster vigorously opposed appointment of a receiver to manage the 23 Benner Plat, going as far as make representations under penalty of perjury that the Benner 24 1 A complete discussion of the Benner Loan can be found in the Motion for Appointment 25 of Custodial Receiver [Docket No. 6] and accompanying Declaration of Patrick Burke [Docket No. 4] PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -3 K\2037501\00030\20347 _ DCN\20347P241 T KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 9Sl04-ll58 TELEPHONE: (206) 623-75&0 F ACSIMil.E. (206) 623-7022 1 Plat was under contract to sell pending final plat approval, which was expected in January 2 or February, 2007, to an entity known as Davidson & Robinson, Inc. See Declaration of 3 C. Thomas Foster [Docket No. 11 ]. These representations caused the Court to delay 4 appointment of a receiver from November, 2006, when a motion to appoint a receiver was 5 filed, until mid-January, 2007, when the receiver was appointed. 6 It goes without saying that the sale of the Benner Plat did not occur in early 2007. 7 Nor was the Benner Plat under a valid sale contract to Davidson & Robinson, Inc. The 8 receiver ultimately negotiated a sale of the Benner Plat to Heritage Homes, and in March, 9 2007, moved to approve the sale. See Docket No. 792 • In the face of the sale, Langley 1 O Development refinanced the loan secured by the Benner Plat, and thereby satisfied the 11 Benner Loan and terminated the receivership. Back in the hands of Langley 12 Development, the Benner Plat was not sold until December, 2007, contrary to the 13 representations Mr. Foster has made to the Court in November, 2006 as to the status of the 14 project. A copy of the deed from Langley Development to Caimes Construction, LLC 15 ("Cairn es") is attached as Exhibit A to the accompanying Declaration of Michael J. 16 Gearin (the "Gearin Deel."). Significantly, the refinance and months of delay caused by 17 Langley Development on the Benner Plat was of no benefit to creditors, in that the sale to 18 Caimes was for the same price the receiver had negotiated with Heritage Homes. See 19 Docket No. 79 (motion to sell) and Exhibit B to Gearin Deel. ( excise tax affidavit). 20 B. The Writs of Attachment 21 In late May, 2007,judgments were entered against C. Thomas Foster in the above- 22 captioned consolidated proceeding, totaling approximately $1. 7 million, based on his 23 24 2 The motion to sell the Benner Plat and the accompanying Declaration of Perry A. Stacks contain a detailed account of Mr. Foster's efforts to hinder, delay, and interfere with the 25 receiver's duties, such as instructing contractors to refuse to provide the receiver with construction records. PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -4 K: \2037501\00030\20347 _ DC N\2034 7P241T KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTif A VENUE SUITE 2900 SEATTLE, WASHINGTON 98104-JlSR TELEPHONE· (2D6) 623-7560 FACSIMILE: {2%) 623-7022 I guarantee of the loans from WFIB to R.A.L. and Langley Venture. See Docket Nos. 156B 2 and 156C. 3 On August 24, 2007, WFIB filed its motion for summary judgment against 4 Langley Development based on its fraudulent transfer claims (the "Fraudulent Transfer 5 MSJ"). Shortly thereafter, Langley Development and WFIB entered into a stipulation and 6 order for a preliminary injunction and writs of attachment, attached to the Gearin Deel. as 7 Exhibit C (the "Stipulated Order"). The Stipulated Order was agreed-to by WFIB based 8 upon representations by Mr. Foster that two development projects owned by Langley 9 Development, commonly known as "Langley Ridge" and "Honey Brooke West," were 10 expected to be sold in October, 2007, thereby giving the defendants the capital to pay-off 11 their debt to WFIB. Under the terms of the Stipulated Order, WFIB agreed to re-note the 12 Fraudulent Transfer MSJ for a hearing no earlier than November 30, 2007. WFIB further 13 agreed that it would take no action, prior to November 30, 2007, to execute on, liquidate, 14 or take possession of certain personal assets of C. Thomas Foster, including his interest in 15 Langley Development. In exchange, the Court entered an order enjoining Langley 16 Development from acts including disposing of or transferring its assets, co-mingling 17 assets with other Foster-controlled companies, and further granted WFIB writs of 18 attachment in, among other assets, "[a]ll proceeds ... resulting from the sale of assets by 19 Langley Development Group, Inc., including, without limitation, the projects commonly 20 known as Langley Ridge and Honey Brooke West." Moreover, under the terms of 21 Stipulated Order, Langley Ridge agreed to provide the following documentation to WFIB: 22 23 24 25 • Update to personal financial statement for C. Thomas Foster and Maryl Foster with supporting documentation including, but not limited to, current bank statements. • Current financial statements for Langley Development Group, Inc., RAL Development and Venture Company, Langley Venture Group, Inc., Langley Meadows LLC and Sturgus, LLC. PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -5 K \2037501\00030\20347 _ DCN\2D347P241 T KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH A VENUE SUITE 2900 SEATrLE, WASIBNGTON 98104-llSS TELEPHONE· (206) 623-7580 FACSIMILE (206) 623-7022 1 2 3 4 5 6 7 • Copies of all existing purchase and sale agreements as to property held by any and all of the above-named entities. • A list of projected closing dates and expected revenues for all current projects by any of the above-named entities • Copies of any correspondence with purchasers, real estate professionals and escrow agents relating to Langley Ridge (including residential real estate appurtenant thereto), Honey Brooke West, Ryan Way, Briarwood, Langley Meadows and Sturgus. C. The Judgment Against Langley Development. 8 By November 30, 2007, neither Honey Brooke West nor Langley Ridge had sold, 9 and on December 10, 2007, the Court entered a judgment in favor ofWFIB against 10 Langley Development, on the fraudulent transfer claims, in the amount of$594,782.74 11 (the "Judgment"). 12 D. The Development Projects Owned By Langley Development 13 Langley Development owns two development projects, commonly known as 14 Honey Brooke West and Langley Ridge, legally described in Exhibit A hereto. Attached 15 to the Declaration of Patrick J. Burke (the "Burke Deel.") as Exhibit A is a copy ofa 16 financial statement provided by Mr. Foster pursuant to the Stipulated Order, in which he 17 details his belief as to the value of each project and the encumbrances against it. Mr. 18 Foster indicated a belief at that time that Honey Brooke West had a value of 19 approximately $9,750,000, and that it was encumbered by deeds of trust in the amount of 20 $7,003,000, and that approximately $1,314,500 in other debt and costs would need to be 21 satisfied from the proceeds, leaving proceeds of approximately $1.4 million subject to 22 WFIB's writs of attachment. As to Langley Ridge, Mr. Foster estimated a sales price of 23 $7,776,000 and debt of$6,299,999. He estimated "other" costs of$748,000, leaving 24 proceeds of $729,000 subject to WFIB's writs of attachment. 25 Throughout this proceeding, Mr. Foster has represented Langley Ridge and Honey PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -6 K \2037501 \00030\20347 _DCN\20347P241T KIRKPATRICK & LOCKHART PRESTON GATES ELLJS LLP 925 FOURTH A VENUE SU1TE2900 SEAITLE, WASHINGTON 9&1D4-ll58 TELEPHONE: (206)623-7580 FACSIMILE: (206) 623-7022 I Brooke West as the solution to his money woes. He has consistently represented them to 2 be on the cusp of selling. In a deposition for supplemental proceedings, conducted by 3 WFIB on June 28, 2007, Mr. Foster testified that Honey Brooke West was under contract 4 for sale to Harbor Homes, and that the sale was expected to close in August, 2007. See 5 transcript of deposition of C. Thomas Foster (""Foster Dep"), appended as Exhibit D to 6 the Gearin Deel., at 27:6-10; 29:25 -30:3. He further testified that Langley Ridge was 7 under contract to sell to Norris Homes, and that the sale was also expected to close in 8 August, 2007. See Foster Dep. at 31:13-24. By August, the estimated closing dates had 9 moved to October, 2007. Burke Deel., Exhibit A. 10 As of the drafting of this motion, the sales of Honey Brooke West and Langley 11 Ridge have not closed. Mr. Foster and Langley Development, in clear violation of the 12 terms of the Stipulated Order, and despite numerous requests, have failed to provide any 13 information on the status of the closings of Honey Brooke West and Langley Ridge. In 14 the meantime, Langley Development appears to have not been paying its subcontractors, 15 resulting in liens against its projects. See printout of on-line records from the King 16 County Auditor, showing liens filed against Langley Development, attached to the Gearin 17 Deel. as Exhibit E. 18 Over the last several months, WFIB has been left to gather what information it 19 could on the status of Langley Ridge and Honey Brooke West from other lenders with 20 liens against the projects. The information received has not been encouraging. WFIB has 21 learned that Norris Homes has indicated that it intends to back-out of its obligation to 22 purchase Langley Ridge. Despite repeated attempts, WFIB has been unable to ascertain 23 any information on the status of a closing on a sale of Honey Brooke West. It has, 24 however, come to light that Langley Development is in default on its obligation to two 25 lenders with an interest in Langley Ridge, which have taken the first step to foreclose on PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -7 K\2037501\00030\20347 _ DCN\20347 P241T KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SlHTE 2900 SEATfLE, WASmNGTON 98104-1 ISS TELEPHONE: (206) 623-7580 FACSIMILE. (206) 623-7022 J their interests under RCW Ch. 61.24 by providing a notice of default. See Motion to 2 Withdraw filed by Paul E. Brain on March 12, 2008, herein; Gearin Deel., Exhibit F. 3 III. STATEMENT OF ISSUES 4 Should the Court appoint a general receiver to take control of Langley 5 Development? 6 IV. EVIDENCE RELIED UPON 7 The Declaration of Patrick Burke and Michael J. Gearin and the pleadings and 8 papers herein. 9 V. ARGUMENT 1 O The Washington Receivership Act, RCW Ch. 7.60, provides numerous grounds for 11 appointment of a receiver, many of which are satisfied in this matter. The Court may 12 appoint a receiver in any of the following circumstances: 13 14 15 16 17 18 19 20 21 22 23 24 25 • the party applying for the receivership "is determined to have a probable right to or interest in property that is a subject of the action and in the possession of an adverse party, or when the property or its revenue- producing potential is in danger of being Jost or materially injured or impaired." RCW 7.60.025(a); • "after judgment, in order to give effect to the judgment." RCW 7.60.025(c); • "upon an attachment of real property when the property attached is m danger of waste, impairment, or destruction ... or when the court determines that the nature of the property or the exigency of the case otherwise provides cause for the appointment of a receiver." RCW 7.60.025(g); and • "In such other cases as may be provided for by law, or when, in the discretion of the court, it may be necessary to secure ample justice to the parties." RCW 7.60.025(nn) As its stands, WFIB has an interest in Langley Development by virtue of its judgment, and a perfected interest in the proceeds of the Langley Ridge and Honey PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -8 K:\2037S01\00030\20347 _DCN\20347P241T KIRKPATR1CK & LOCKHART PRESTON GA TES ELLIS LLP n5 FOURTH AVENUE SUITE2900 SEArn.E, WASHINGTON 98104-l lSB TELEPHONE: (206) 623-7580 FACSIMILE. (206) 623-7022 I Brooke West projects by virtue of its writs of attachment. The question, then, is whether 2 the value of Langley Development is in danger of being lost. The answer is clear that it is. 3 The assets of Langley Development are rapidly diminishing. Its assets consist of two 4 residential development projects, and in light of the downturn in the housing market and 5 construction sector, it can be anticipated that the value of Langley Ridge and Honey 6 Brooke West have declined since August, 2007. Moreover, interest on secured creditor 7 claims continues to accrue, rapidly eroding equity available to WFIB and eroding its 8 interests. In the meantime, there is ample evidence that Langley Development has no 9 ability to liquidate these assets for the benefit of its creditors. It has represented for IO months that both projects were on the verge of closing, yet no closing has materialized. 11 Instead, construction liens are attaching to the projects, lenders are declaring defaults, and 12 buyers are walking away from their agreements to purchase the projects. 13 As it currently stands, there may be value in Langley Ridge and Honey Brooke 14 West for creditors such as WFIB. That said, if a receiver is not appointed, it can be 15 anticipated that Langley Development will continue to delay and obfuscate while any 16 value in the company is lost to accruing interest on its construction loans, liens by 17 materialmen, and the decline in the market. Simply put, Langley Development has shown 18 itself to be incapable or intransigent when it comes to completing and selling its 19 construction projects. 20 In August, 2007, there was value, per Mr. Foster, in Langley Ridge and Honey 21 Brooke West that could have resulted in funds to fully satisfy WFIB's interest, had the 22 projects only been completed and sold. The projects were not completed and sold. There 23 may still be value in the projects, but it cannot be reasonably argued that any value is not 24 in danger of being lost. WFIB has been forced to watch from the sidelines as its chances 25 of recovering on its judgment have been squandered by the mismanagement of Langley PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -9 K:\2037 501\00030\20347 _DC N\20347P241T KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTII AVENUE SUITE 2900 SEATTLE, WASHINGTON 96104-11 SH TELEPHONE· (206) 623-7580 FACSIMILE (206) 623-7022 1 Development. Meanwhile, in violation of its obligations under the Stipulated Order, 2 Langley Development has refused to keep WFIB informed as to its negotiations with 3 purchasers and issues with its lenders. 4 RCW Ch. 7 .60 gives the Court the power to appoint a receiver to protect the 5 interests of creditors such as WFIB. This is clearly a situation where the Court should use 6 that power. The only way to preserve whatever value might be left is to place the 7 company under the aegis of the Court via appointment of a receiver. 8 Based on the above, WFIB respectfully request that the Court appoint Perry A. 9 Stacks as the general receiver of Langley Development Group, Inc. for the immediate 10 purpose of taking control of the Langley Ridge and Honey Brooke West projects, and 11 finalizing sales of the real estate and attendant assets for the benefit of creditors of 12 Langley Development, including WFIB. 13 DATED this 17th day of March, 2008. 14 15 16 17 18 19 20 21 22 23 24 25 PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -I 0 K:\2037501\00030\20347 _ OCN\20347P241 T KIRKPATRICK & LOCKHART PRESTON G ES ELLIS LLP a~ Michael . Gearin, wsBA # 20982 David C. Neu, WSBA #33143 Christopher M. Wyant, WSBA#3556I Attorneys for Plaintiff Washington First International Bank KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTII A VENUE SUITE 2900 SEATTI.E, WASIBNGTON 5'8104-11S8 TELEPHONE· (206) 623-7580 FACSIMILE. (206)623"7022 1 2 3 4 EXHIBIT A Legal Description of Langley Development's Real Property Langley Ridge All of the plat of Langley Ridge at May Creek, recorded in Volume 246 of Plats, 5 pages 47-56, under King County, Washington, Auditor's no. 20080212000465. 6 Honey Brooke West 7 All of the plat of Honey Brooke West, recorded in Volume 246 of Plats, pages 87- 91, under King County, Washington, Auditor's no. 20080229000783. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -11 K:12037 501\00030\20347 _DCN\20347P241T KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925FOURIBAVENUE SUITE 2900 SEATTLE, WASIBNGTON 98104-11S8 TELEPHONE· (206) 623-7580 FACSIMILE. (206) 623-7022 The Honorable Susan Craighead Hearing Date: March 28, 2008 With Oral Argument 1 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 9 WASHING TON FIRST INTERNATIONAL BANK, a Washington JO bank, 11 Plaintiff, 12 V. 13 LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation; 14 GERALD STUMP and JANE DOE STUMP, husband and wife, and the 15 marital community composed thereof, and C. THOMAS FOSTER and MARYL C. 16 FOSTER, husband and wife and the marital community composed thereof, 17 18 WASHING TON FIRST Defendants. 19 INTERNATIONAL BANK, a Washington bank, 20 21 22 Plaintiff, V. C. THOMAS FOSTER and MARYL 23 FOSTER, as individuals and in their marital community, 24 25 Defendants. DECLARATION OF MICHAEL J. GEARIN IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -I K\2037501100030\20347 _DCN\20347P241 P Case No. 06-2-35218-1 SEA (LEAD CASE) DECLARATION OF MICHAEL J. GEARIN IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF A GENERAL RECEIVER OVER LANGLEY DEVELOPMENT GROUP, INC. Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTI1 AVENUE SUITE 2900 SEATrLE, WASJ-llNGTON 98104·1158 TELEPHONE. (206) 623-75&0 FACSIMILE· (206) 623-7022 .. ' 1 WASHINGTON FIRST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Plaintiff, v. RAL DEVELOPMENT AND VENTURE COMPANY, a Washington general partnership; STURGUS LLC, a Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS FOSTER and MARYL FOSTER, husband and wife and the marital community thereof; TERRANCE KOLBET AND CHRISTINE KOLBET, husband and wife; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, IN CORPORA TED, a Delaware corporation; 1 ST SECURITY BANK OF WASHINGTON, a Washington bank; GB HOME EQUITY, LLC, a Wisconsin limited liability company; LANGLEY VENTURE GROUP, INCORPORATED, a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, husband and wife, BAIMA & HOLMBERG, INCORPORATED, a Washington corporation, Defendants. Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) MICHAEL J. GEARIN declares as follows: 1. I am an attorney with Kirkpatrick & Lockhart Preston Gates Ellis, LLP, 21 counsel for Washington First International Bank ("WFIB") the plaintiff herein. 22 2. A copy of a deed from real property from Langley Development Group 23 Inc. ("Langley Development") to Caimes Construction, LLC ("Cairnes"), obtained from 24 the on-line records of the King County Auditor, is attached as Exhibit A. 25 3. Attached hereto as Exhibit B is a copy of the excise tax affidavit, obtained DECLARATION OF MICHAEL J. GEARIN IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -2 K:\2037501 \00030\20347 _ DCN\20347P241 P KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH A VENUE SUITE 2900 SEATlLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7~80 F ACS[MILE. (206} 623-7022 ' 1 from the on-line records of the King County Auditor, associated with the sale from 2 Langley Development to Cairnes. 3 3. Attached hereto as Exhibit C is a copy of the stipulated order entered in 4 this proceeding, granting WFIB writs of attachment against property of Langley 5 Development. 6 4. Attached hereto as Exhibit D are excerpts from the transcript of the 7 deposition of C. Thomas Foster ("Foster Dep"), taken on June 28, 2007. 8 5. Attached hereto as Exhibit E are printouts of on-line records from the King 9 County Auditor, showing liens filed against Langley Development. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6. Attached as Exhibit F is a copy of a notice of default, provided to me by counsel for Frontier Bank. I declare under the penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge. n _ ..... ~ .. EXECUTED this~ day of March, 2008, at Seattle, Washington. ~ &H~ rv\, t,t\Qi-.: Michael J. Gearin DECLARATION OF MICHAEL J. GEARIN IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -3 K:\2037501 \00030\20347 _ DCN\20347P241 P KIRKPATR.lCK & LOCKHART PRESTON GATES ELLIS LLP 92S FOURTH A VENUE SU1TE2900 SEAITLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 -.. AJfrER RECORDING MAIL TO: Oiimes Construction, LLC i4341 SE 26411> Street :Kc:n~ W:A 98032 IIIIUIIIDIII i-.r~reU UD 41.ea 'i: 12/13/2817 15:22 KING COUNTY I WA E2324510 1Z/13/Zll7 15~1 Klffii COUNTV , 111 '753 . OO SALii s se,eee.H / {'':/ / ' "::. _/ .:"" ,-\ .. / ./ ./''\:t· f / Filed for RccO'l':d at Requ~l of::Northpilµlt Escrow arid Title, LLC Escrow Numbe1.,20289l98 : / ·' .. \. ;;: ·=:. ~· •:: ,,· PAGEH"l OF 091 Grantor(s): Langley Deve[~ma.iJt GrQilp Imt a )Vasti,ingtop,Corp,oration /\, Grantee(s): Caimes Construciio'n, LL..¢, a Wa5bjngtou'Li-inlted Lifiti:ility Corp,"panf Abbn,viated Legal: Ptn ofSEl/4 of~TR ID-23.N-Os/i / nortt,p' • I. c' , Add>ttonel legal(s) on page: .. . i ,:., . Oln .eSCfOW ,t-title Assessors Tox Paree\ Number(s): 66149()04l004 .:' qfder_no,' . · ~ GRANTOR Langley De~ell1J>m~t Gfc,up Inc., a W~hi~igtoµ.·Cbfp(?_ration for an~ in conskleratilirt'~fTEN DOLLARS AND OTHER GOOD AND..VAL1JABLE C,PNSIDER,\T!ON m'b"!'d prud, conveys ~d w~ to Caimes Construction, Li):, a Washingtpn qmited) .. ia~jl,i,ty C~mpanx_ithe .following descnbefreal esta"te:, situated in the County of King, ~tc of WilstJ-ingtQh: ,.~_. · //~$!*l£:£Eli8~-f~~~~rr,r~Tr·, l :i" ,;· _:. ** See AttaChed Exh,ib.t •A' oJ}IT~lt"~cK~wl$GES TilATffiLE TO THB PROPERTY 1S MARKETABLE ~'r-1:1,tEJlME'bF\'lWs .~NVEYANCE. THE R0LLO'NlNG SJ!lALL NOT i;AUS.lt.'.]1IB TITLE TO BB UNMARKETABLE: RlGHTS, RESER\l'.f..TIQNS/COV~NTS, .COND1,:i0Ns,-AND ~sllUcr10NS'i-PREsENTI. v OF RECORD AND GENERAL To THE AR'i:w-~EM~s AND /.~CRoA~MEm~,lNpT MATERlALt.Y AFFECTING THE VALUBOF OR UNDULY INTERFER!Nq Wl-;ri{ GRANTEE'S Rsw,ONABLE us.a" Oji THE ~.KOPER'J:Y; AND RESERVED on. AND/OR MIN!NG RIGHTS. ·, ,. ·:.. ··' ;' .,.. :: . 0oc~·~·~rD~~: {2164'007 ... / Langley Deve\optiJ.en/dfu~p, i(:/ ' ,' .. STATE OF WASHINGTON County of King ss' I certify that 1 know or have satlsfactory·:EtVide~e that tjlinton iJ:!om•S FO!Jter and Garv Stump are the persons who appeared before me, and·sa·iq-•·pe~On~·ac~tiowl~dgeg,,that th_~y signed this instrument, on oath stated that they are authorized to exec:iJte the itlstrui'nent.-ancfack.nowtedged it as the President (Clinton Thomas Foster) and Vice Presklent iGal'V StUO)p) .'.'.of l:angiey peyttoProent Group, Inc. to be the free and voluntary act of such party for the IJ~.4:'5 .. Snd .P·urp_?se~,,me~ti9ned in th8-:'nstrument Dated this~ day of tylet(IW 20/Fr EXH I BIT__._A_,__ ', ·• .............. :.1-j. •. ·,+-. -~---'-~--------~--~---~----'--~"----'-- !,()TS\, :z', ll,Nl}··3 .. , KING CO'UNTY SHORT I/LAT NO. LVA-05-113-SHPL, Rl!CORDDlG ,NO. 2007iµ790000'.1 .. , ucoiq;,s ... q:r KDlG COUNTY, WASHDlGTON; SITVATE IN THE ,."CI'l'l' Oi'' UNTO!!., co~ ot KIN~·. STATE or WASHDlGTON • .' /" ,,.,,· ··:: ',: /"!;,/ /' ···, . .,_,,. 100110 .~~ : .,: ~~$fn!,,. REAL ESTATE EXCISE TAX AFFIDAVIT This form isyourreccipl PLEASE njEOR.PRlNT CHAPTER 82.45 RCW -CHAPTER 4S8-6IA WAC whi:n stamped by taShier. .. ·.Tl-Us AFFIDAVIT WILL NOT BK ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (s«: back or tu: page for instnlctions) lfmulti Jc owru:rs. list IO RIIUC. /Name LllngJCy D~Clop~C1lt Group Inc. a Washington Corporation Maili~~ Ai~ress:'6il!iO Sou11ii:enter Blvd# !06 c,i;:;,,.;;tzip s_.i_ WA;SJ,..-· ~ ~ 0 Phon(~o. (~~ludi~-~~~),·_ ---~--~---~-...----1 "D ?·;.· .. :: Name Cairnc:s Construction, LLC, a Washington Limited Liability Company Mailing Address I 4845 SE 264th St City/State/Zip_~K=en~\LW=A~9~S0=J~2 _______ _ Phone No. includin area code Send 1111,.pibpcrty;tax ~spoille~ to;:, List all real and personal property tax pared Name C~·imcs:f::oasf~n~ion .{~ .C / Mailing Addres~··;·~s s~ 264~-St.-'/ City/State/Zip Kent Wj,\ 98032 Phooc No. {including area code} .. / "~.unt numbers -chect bo:it ifpr:rsonal property · l023059J06 . I • Street address of property: 5218 NE ith PJ~ ~l-Yl98Q~{ This property is located n King, WA ·· · · ·· · .......... , List assessed valuc(s) Si::lcct Land Use Codc(U'::, ~--------'-\-----'-----"· List l\ll pc~'nal p_i'opcny (ting_iblc ind intd'gi~,lc) included in Enter any additional c~·:·~----~--------'---'----scllii;lil pric:I:. :_::_ "-.':.. } ·,, (See back of last pagc:for illSlr\tl;tions) · 1' this prnpo<ty ,~fu~, fro~ ,,,l tup<l ""''" B4.l6 RCW 15',,.1£i"·" ";, .,'_.· imi....;. an_.,_\......,ti.nn. .,: ... WAC __ .. numbc_. · , d_: reason for excmptim: {nonprofit organi~ion}?/ · ·· \ >f' • ..., ~···r ,..., '+"' ------C------"-.;c...-.;c...------------, WA~"-t.,i. (Scibuo~~oo)+-·_,_· ---;e--------- Is this propel dcsiJ·~ ~§ores! ~d per chapter 84.JJ RCW? Is this pro~ classlficdas.~m;nt:iisc (Opell~. farm and agricultural'." ot li~r) lanfper ch~ ~.W,. ls this prQptrty rc~i"ing.spc:cilll :nl~OO. ash~ PfOlK'rtr per per chap(i:r 84.26"1~,CW)"'" / ,/ ·:. Jfany ~n BR ~;'complcJC B,tlR>~ be\~: (I) NO~:bJ:. OF CONT~U~CE (FO~ J;i,\ND OR CURRENT USE} NEW OWNERfS): To ~,t1linudhc ~ ~ign'!!ion as.J~JW or classification as CUinsnt'LISe (o~ sp*, raqn and qrii;lllture, odll}IW) lend, you •nut sip on (3) beloW, The ci;>111ty~s¢r muii lbm dctcrminc'IJ'~ land II8nSfem:d continues 10 qualify:and WUI u:dicatc Jiy iii&nil& below. It the land no lon~r qualifies or you do notwi:;:h to CO~linuc 11i'c .d"csignapofr~r clas'/iificati.on, it will be remo"\'Cd and the COJTll)Cn"~g or add~ tnx~·Wm ~ duc)nd jaya~lc by_ the scl_ler or transferor at fie ~.of sale/{R~ 84}3.140 cir-~c;w &434. IJJB). l'rior 10 signing ()) below, you may"&m~r your,)ocal ~i.nty wcstor fO{ mOR information, :: :: This land D docs D docs not qualify for ~.nlin~-~~'.-"-- DEPUTY ASSESSOR ~t OF et1 Rcason for ci~!,RP~~i:i"'' -." _:" .:' _:· Type of Documcnl S~i W.~~;·Dccd 01111:ofDocumcd:J]~,,~,~a~IJQ70L~<,'------- Gross 51::lling Price 660,000.00 Personal Propc,1y (Dcducl) Tuablc Selling Price • 660,000.00 Excise Tax: State ' lO 098.00 Low ' W!Ll!Q t~linquc~ lntcrcs1 ' 0.00 lkaJ ... ' ,.oo _:i>eli_~·quC~_.pcnahy 0.00 Tot>l Du< 11 71/t + :')- A MJN1MUM OP $10.ot IS DUE IN FEE(S) AND/OR TAX :; .. •'iSB:_INSTRUCTIONS Pnjury: Perjury ,s a class C felony which i! p,.inishable by imprisonment in the stale correctional instiMion for a maximum term of not~ than.irve y~, oi\y a fine in an amoun1 fixed by the CU1r1 ofnol more lhan five dlousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC))/ .:· _{ REV 8~ 0001 •~(•) (02/1)/07) THIS SPACE-TREASURER'S USE ONLY EXHIBIT_B~- EXHIBIT A: LOTS l, 2, AJIID 3, ltING ~ slt6,i ni'l' N6-\,,i.OA::.os~113 .. 5HPI,, P.ECORDINO HO. 20071127tOOOOt, JUtCOIIDS "6r.)a$ CQUN'l'Y, w~,r"!!tI!l'OA'l'E cIT? .Pf:. RENTON, cotJN'l'Y or :KING:; s~~n\qJ"'::~H~. ·' ·· .. .. /-·- '<1"/' f". ~,/- e .... :_ .. _..., .... ....... ___ -::..:---- ·.~ -~.-· .. RECEIVED SEP 11 2007 JUDGE JOHN P. EALICK DEPARTMENT S1 1 2 3 4 5 6 7 8 IN TIIB SUPERIOR COURT OF TIIB STATE OF WASHlNGTON IN AND FOR TIIB COUNTY OF KING WASHlNGTON FIRST 9 INTERNATIONAL BANK, a Washington bank, . 10 11 12 Plaintiff, v. LANGLEY DEVELOPMENT GROUP, 13 INC., a Washington corporation; GERALD STUMP and JANE DOE 14 STUMP, husband and wife, and the marital community composed thereof, and 15 C. TifOMAS FOSTER and MARYL C. FOSTER, husband and wife and the 16 marital community composed thereof, 17 Defendants. 18 WASHINGTON FIRST INTERNATIONAL BANK, a Washington 19 bank, 20 Plaintiff, 21 V. 22 C. THOMAS FOSTER and MARYL FOSTER, as individuals and in their 23 marital commw1ity, 24 25 Defendants. STIPULATION AND ORDER FOR PREL!MlNARY INJUNCTION AND WR1TS OF AITACHMENT -I · Case No. 06-2-35218-1 SEA (LEAD CASE) STIPULATION AND ORDER FOR PRELIMINARY TNWNCTION AND WRITS OF ATTACHMENT [Clerk's Action Required] Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KJRKPATRJCK & LOCKHART PRESTON GATES fil.L1S UP 9J.S FOUR.TU ,\VSflJE SUITE 2900 SEATTt.E, WASHINOTON 9S/0~·11~9 Tl!Lrn'HONE: (~06) (',2.,-mo FACSIMlLfo: (206) rm-7/122 EXI-I I B\T__:::C==--- I 1 WASHINGTON FIR.ST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiff, v. RAL DEVELOPMENT AND VENTURE COMPANY, a Washington general partnership; STIJRGUS LLC, a . Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS FOSTER and MARYL FOSTER, husband and wife and the marital community thereof; TERRANCE KOLBET AND CHRISTINE KOLBET, husband and wife; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, a Delaware corporation; 1 ST SECURITY BANK OF WASHINGTON, a Washington bank; GB HOME EQIBTY, LLC, a Wisconsin limited liability company; LANGLEY VENTURE GROUP, INCORPORATED, a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, husband and wife, BAIMA & HOLMBERG, INCORPORATED, a Washington corporation, Defendants. Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) 20 STIPULATION 21 Plaintiff Washington First International Bank ("WFIB") and defendants Langley 22 Development Group, Inc., Langley Venture Group Incorporated, C. Thomas Foster and 23 Ma,yl Foster, RAL Development and Venture Company, and Sturgus LLC (collectively, 24 "Defendants"), by their undersigned counsel, stipulate to the following: 25 STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT -2 KlKKPA.TRJCK & LOCK.1-tART PRESTON OATES El.LIS LLP 9lS rDURTH II. VENUE SUJTEi\lOO SEATil.E, WASHINuTON ~SJOol-1 JS8 TEI.EPHO~ f?06) titl-7580 Fi'.CS1MlLE: (206) 6l:\-70n I. WFIB and Defendants have reached an agreement to allow Langley 2 Venture Company, RAL Development and the Fosters an opportunity to pay obligations 3 owing to WFJB in full from sources including the proceeds of sales of development 4 projects held by Langley Development Group, anticipated to close no later than November 5 30, 2007. In exchange for WFJB 's agreement to withdraw or re-note pending motions 6 against Defendants and to otherwise forbear from collection with respect to ce1tain 7 specific assets, Defendants agree to provide WFJB with additional protection of WFIB 's 8 rights and interests. Specifically, Defendants agree to a preliminary injunction against the 9 dissipation or commingling of sales proceeds from several construction projects (other IO than to pay WFIB on its judgments) and to allow WFIB to take writs of pre-judgment 11 attachment and garnishment, as assurances that WFIB's ultimate ability to recover on its 12 claims will not be prejudiced by the delay of further collection action. Should it become 13 necessary, the parties agree that each of the stipulated provisions below should be 14 interpreted broadly to provide WFIB with the maximum protection of its rights and 15 remedies. The parties further agree that WFIB shall be entitled to such further orders of 16 this Court as shall become necessary to enforce this stipulation and proposed order, 1 7 including but not limited to additional injunctive relief and orders of contempt. 18 2. Other than the terms expressly contained in this order, WFIB has not 19 agreed to forbear or modify its rights relating to any of the loan obligations, judgments or 20 other claims held against Defendants. This stipulation and proposed order are not 21 intended to evidence or to constitute any waiver ofWF!B's rights and remedies under any 22 of the loan documents. The entry of this Stipulated Order does not result in a cure of 23 existing defaults orreinstatement of any of the loans which are the subject of this action. 24 3. WFIB hereby agrees to re-note its motion for partial summary judgment 25 filed under Lead Case No. 06-2-35218-1 SEA, dkt no. 250, for November 30, 2007, at STIPULATION AND ORDER FOR PRELIMlNARY INJUNCTION AND WRITS OF A IT ACHMENT -3 KIRKPATRlCK& LOCKHART PRESTON OAT£$ fil.LlS LLP ~l5 !'OURTH A VENUE SUfTElOOO SEATTI,E, WASHING'J'ON 9£JO<l·l/5l Tm .. EPHONE: (206) (;23-15Bf! FAC51MJ1.E: {ln5) 621· 70'lJ 10:00 a.m. WFIB further agrees that it will not, prior to November 30, 2007, take any 2 action to execute upon, liquidate or take possession of the following specific assets 3 disclosed by C. Thomas Foster, belonging to one or more of Defendants: (a) C. Thomas 4 Foster equity interests in Langley Development Group, Inc.; (b) investment account 5 containing securities valued at approximately Sixty Five Thousand Dollars held at Merrill 6 Lynch; (c) investment account containing securities valued at approximately Forty Eight 7 Thousand Dollars held at Charles Schwab; and (d) the Fosters' primary personal g . residence. WFIB further agrees to release from garnishment funds held in the U.S. Bank 9 accounts jointly held in the name of Marcus Foster and Maryl Foster (Nos. 1-535-0156- 10 9252 and 2-535-0078-7663). 11 4. This Stipulated Order shall be entered in connection. with WFIB 's motion 12 for preliminary injunction and its motion for pre-judgment writs of attachment, both filed 13 in Lead Case No. 06-2-35218-1 SEA, currently scheduled for September 11, 2007, at 3:00 14 p.m. before Hon. Judge John P. Erlick. 15 5. The parties agree that Defendants shall be preliminarily enjoined as . l 6 follows: 17 a. Langley Development and/or any entity or individual that controls 18 Langley Development shall not remove, transfer, sell, assign, secrete, convert, conceal, or l 9 otherwise dispose of any proceeds of sale from the real estate development projects 20 commonly known as Langley Ridge, Honeybrooke West and Benner, or any other assets 21 or proceeds that are or become the property of Langley Development except for(!) those 22 proceeds necessary to release currently-recorded deeds of trust on such real property, and 23 (2) normal and reasonable closing costs; 24 b. Langley Development ·and/or any entity or individual that controls 25 Langley Development shall not transfer, dilute or otherwise dispose of Tom Foster's STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION ANDVv'RITS OF ATIACHMENT-4 KIRKPATRICK & LOCKHART PRESTON GATES BLLISUP 91S FOURTH ,WENI.IE SUJTE:900 SEATTLE, WASHOIGTON 98104·1158 Ta.l!l"HONE: (lD6) fil3-7Sl0 FA~IMILll; (W6) 613-7011 1 interest in Langley Development, or otherwise dilute Tom Foster's interest in Langley 2 Development; 3 C. Defendants shall not cause or allow the dissipation or transfer of 4 funds or other assets, whether in the form of proceeds from cons1ruction projects or 5 otherwise, out of the possession of Langley Development Group, Inc., RAL Development 6 and Venture Co., Langley Venture Group, Inc., Langley Meadows LLC or Sturgus LLC, 7 except to non-defendant third parties in the normal course of business and as expressly 8 stated in subsection (a) above. Defendants shall provide written reasonable advance 9 notice to WFIB of any intended disposition of funds or assets whether .in the form of 10 proceeds from cons1ructionprojects or otherwise, out of the possession of Langley l l Development Group, Inc., RAL Development and Venture Co., Langley Venture Group, 12 In.c., or Sturgus LLC, to include copies of any estimated closing statements, 13 correspondence with closing agents and purchasers so as to allow WFIB adequate 14 opportunity to object to the disposition of such funds or assets. In the event that WFIB l 5 does object to the disposition of any such funds or assets, Defendants shall not conclude 16 any such disposition absent further.order of the Court. 17 d. Defendants shall not commingle revenue generated by Langley 18 Development Group, Inc., RAL Development and Venture Co., Langley Venture Group, 19 Inc., Langley Meadows LLC or Sturgus LLC, with the personal funds of C. Thomas 2o Foster. 21 6. The parties further agree that WFIB shall be granted an order providing for 22 writs of attachment and garnishment in the following property: 23 a. All property, accounts, receivables, funds, interests in family uusts, 24 and other assets of C. Thomas Foster and Maryl Foster, individually including, but not 25 limited to, assets in the name of the C. Thomas Foster and Maryl C. Foster Trust; STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF AITACHMENT-5 KIRKPA1RICK & LOCKHART PRESTON GATES ELUS LU 9~.S FOURTH ,\ VENUE SUITT2'10tl S£..>.TI1..E, W"SHrNOTON !18104-! 158 TEl.EPHON'E: (206) 62J-7580 fACSTMlLr,.:(WI'>) 623.7!"2 1 b. All proceeds, net only of proceeds necessary to release currently- 2 recorded deeds of trust and normal and reasonable closing costs resulting from the sale of 3 . assets by Langley Development Group, Inc., including, without, limitation, the projects 4 commonly known as Langley Ridge (to include the residential real estate appurtenant 5 thereto) and Honeybrooke West; 6 C. All proceeds resulting from the sale of assets by RAL Development 7 and Venture Co., including, without limitation, the project commonly known as 8 Briarwood; 9 d. All proceeds resulting from the sale of assets by Langley Venture 1 o Group, Inc., including, without limitation, the projects commonly known as Pottery 11 Works; 12 e. All proceeds resulting from the sale of assets by Sturgus, LLC 13 including, without limitation, the project commonly known as Sturgus Avenue. 14 f. All proceeds resulting from the sale of assets by Langley Meadows, 15 LLC including, without limitation, the project commonly known as Langley Meadows. 16 17 18 19 g. All proceeds resulting from the sale of assets commonly known as Ryan Way, which is encum],ered by two Deeds of Trust in favor of C. Thomas Foster; payable to any of the Defendants. 7. Defendants agree to accept service as to any and all writs of attachment or 20 pre-judgment garnishment through counsel Paul Brain. 21 8. The parties agree that the above-described writs of attachment and 22 garnishment are intended to secure all debts owed by Defendants to WFIB under the 23 written Joan documents at issue in each and every of the above-captioned actions. 24 9: Defendants agree that WFIB need not post a bond in support of any and all 25 of the stipulated writs. STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT -6 KIRKPATRlCK & LOCKHART PRE.STON GATES E:lLIS LU 9lS FOUll:Ttl A VENUE MTE.2900 S.EATTU, WASH1NGTON 9SIO<I-IJ5¥ ra.EPfiONll; (W4l f.1}-7:'>RO FAC:STMll.1::: pnr.} f>23-70JJ 1 10. Defendants agree to provide WFIB the documents and information listed in 2 Attachment A to this stipulation. Such documents include currently in Defendants' 3 possession, as well as documents that may come into Defendants' possession in the future. 4 11. The first available funds from (a) the closings of the projects commonly 5 known as Langley Ridge (to include the residential real estate appurtenant thereto); (b) 6 Honeybrooke West; (c) Ryan Way; (d) Briarwood; (e) Langley Meadows; (f) Sturgus; and 7 (g) Benner (including proceeds. payable to the Trust relating to the deed of trust on the g Benner property), net only of proceeds necessary to release currentlrrecorded deeds of 9 trust and normal and reasonable closing costs, shall be paid to WFIB until such time as the Io outstanding loan obligations have been paid in full, including all interest, costs and fees 11 called for under the loan documents. Such proceeds will be applied first to the loans 12 known as Pottery Works on a pro rata basis, and, once the Pottery Works loans are l 3 satisfied, to the Briarwood loan. The Parties anticipate that sufficient revenues will be 14 available to payWFIB in full no later than November 29, 2007. In the event that WFIB 15 has not been paid in full on or before that date, WFIB may resume its litigation and l6 collection activities free from any restrictions contained in this Stipulated Order. 17 12. Defendants further agree to grant WFIB a deed of trust in the recently- l8 created lot on the property known as Briarwood, which was formerly a portion oftbe lot 19 owned by Michael and Linda Dooley. 20 ff 21 ff 22 ff 23 ff 24 ff 25 STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OP AITACHMENT-7 KlRKPATRICL< & LOCKHART PRESTON GA H3S ELLlS LLP 9?S fOLJRTH /\ Vl:NUIZ SUJT[CJ900 SEArn.E, WASIIDIOrON 9B!Oo!-l l~ll TEI.D'HDNI:., (W6) 6l3-7~8n FACSfM!l,I!: (2M)6l..l-m~l 1 DATED this 11th day of September, 2007. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF AITACHMENT -8 KIRKPATRICK & LoCKHART PRESTON GA ELLIS LLP. Michael J. Gearin, w A #20982 David C. Neu, wsaA •m•J Christopher M. Wyant, wssA #3556 J Attorneys for Plaintiff W · on First International Bank • KIRKPATRICK & LOCKHART PRESTON GATES ELLlS LLP 925 rOLJRTH ,\VENUI:: sun"Em•o SEAnLE. WASHll"GTON 9H!DH 158 TEJ.EPH01'/E; fJOft) ftl.l-7.'iijO Fi\C:SlMJI.Ei [206) 623-TOH 1 2 3 4 5 6 7 8 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Attachment A • Update to personal financial statement for C. Thomas Foster and Maryl Foster with supporting documentation including, but not limited to, current bank statements. • Current financial statements for Langley Development Group, Inc., RAL Development and Venture Company, Langley Venture Group, Inc., Langley Meadows LLC and Sturgus, LLC. · • Copies of all existing purchase and sale agreements as to property held by any and all of the above-named entities. • A list of projected closing dates and expected revenues for all current projects by any of the above-named entities • Copies of any correspondence with purchasers, real estate professionals and escrow agents relating to Langley Ridge (including residential real estate appurtenant thereto), Honeybrook West, Ryan Way, Briarwood., Langley Meadows and Sturgus. STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT -9 KJRKPATRJCK & LOCK.HART PRESTON GATES ELLlS LLP J.llSFOURTHAVENUE SUITE 2900 SEAlTl.E, WASHINGTON 98IOH rsg TELEPHONE; flOfi) ~23-7580 FACS1M1Lf:.: {2D6) 623. 7n21 2 3 ORDER This Court having considered the stipulation above and finding good cause for 4 · entering an order pursuant to the stipulation, NOW THEREFORE IT IS HEREBY 5 ORDERED as follows: 6 I. Plaintiff's motion for partial summary judgment, filed under Lead Case 7 No. 06-2-35218-1 SEA, dktno. 250, is RE-NOTED for November 30, 2007, at 10:00 8 a.m. 9 2. Defendants are hereby PRELIMINARlL Y ENJOINED from taking any 1 o action inconsistent with the stipulation reflected in this Stipulated Order, including 11 without limitation as follows: 12 a. Langley Development and/or any entity or individual that controls 13 Langley Development shall not remove, transfer, sell, assign, secrete, convert, conceal, or 14 otherwise dispose of any proceeds of sale from the real estate development projects 15 commonly known as Langley Ridge (including the residential real estate parcel 16 appurtenant thereto), Honeybrooke West and Benner, or any other assets or proceeds that 17 are or become the property of Langley Development except for (1) tho.se proceeds J 8 necessary to release currently-recorded deeds of trust on such real property ( excluding 19 deeds of trust held by the Trust), and (2) normal and reasonable closing costs; 20 b. Langley Development and/or any entity or individual that controls 21 Langley Development shall not transfer, dilute or otherwise dispose of Tom Foster's 22 interest in Langley Development, or otherwise diluting Tom Foster's interest in Langley 23 Development; 24 C. Defendants shall not. cause or allow the dissipation or transfer of 25 funds or other assets, whether in the form of proceeds from construction projects or STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT- -JO KJRKPATRJCK & LOCKHART PRESTON OATES E:LL1S LLP !n!i l'OURTH ,\VENUE SUITE2m S:EA171.E, W,\SHJNCiTDN 1,18![1,l-l !SS TE!.llPHONE: (206) 62J-7j8f1 FAC'S[MILF., (206) 62l-70ll 1 otherwise, out of the possession of Langley Development Group, Inc., RAL Development 2 and Venture Co., Langley Venture Group, Inc., Langley Meadows LLC or Sturgus LLC, 3 except to non-defendant third parties in the normal course of busi.ness and as expressly 4 stated in subsection (a) above. Defendants shall provide written reasonable advance 5 notice to WFIB of any intended disposition of funds or assets whether in the form of 6 proceeds from construction projects or otherwise, out of the possession of Langley 7 Development Group, Inc., RAL Development and Venture Co., Langley Venture Group, 8 Inc., Langley Meadows LLC or Sturgus LLC, to include copies of any estimated closing 9 statements, correspondence with closing agents and purchasers so as to allow WFIB 1 o adequate. opportunity to object to the disposition of such funds or assets. In the event that 11 WFIB does object to the disposition of any such funds or assets, Defendants shall not 12 conclude any such clisposition absent further order of the Court. 13 d. Defendants shall not commingle revenue generated by Langley 14 Development Group, Inc., RAL Development and Venture Co., Langley Venture Group, 15 Inc., Langley Meadows LLC or Sturgus LLC, with the personal funds of C. Thomas 1.6 Foster. 17 3. Pursuant to Chapter 6.25 and 6.26 RCW, Plaintiff Washington First 18 International Bank is hereby GRANTED writs of attachment and garnishment as to the 19 following property: 20 a. All property, accounts, receivables, funds, interests in family trusts, 21 and other assets ofC. Thomas Foster and Maryl Foster, individually including, but not 22 limited to, assets in the name of the C. Thomas Foster and Maryl C. Foster Trust; 23 b. All proceeds resulting from the sale of assets by Langley 24 Development Group, Inc., inclucling, without limitation, the projects commonly known as 25 STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRJTS OF ATTACHMENT- -JI KJRKPATRJCK & LOCKHART PRESTON GATES ELLIS LLP 92S FOURTH ,\VENUE SUJTE 2900 SEAlTLE, W/\SHINOTON ~S!O<l-1151' Tfl..J::i'HONJ!: (Jll~) fill-75Ul FAC'SlMILE: (2116) ff:z)-71lJ.l 1 Langley Ridge (to include the residential real property parcel appurtenant thereto) and 2 Honeybrooke West; 3 C. All proceeds resulting from the sale of assets by RAL Development 4 and Venture Co., including, without limitation, the project commonly known as 5 Briarwood; 6 d. All proceeds resulting from the sale of assets by Langley Venture 7 Group, Inc., including, without limitation, the projects commonly known as Pottery 8 Works; 9 e. All proceeds resulting from the sale of assets by Sturgus, LLC 1 o including, without limitation, the project commonly known as Sturgus Avenue. 11 f. All proceeds resulting from the sale of assets by Langley Meadows, 12 LLC including, without limitation, the project commonly known as Langley Meadows. 13 14 15 16 17 g. All proceeds resulting from the sale of asseJs commonly known as Ryan Way which is encumbered by a Deed of Trust in favor ofC. Thomas Foster, payable to any of the Defendants. 4. 5. Upon application.by WFIB, the Clerk shall issue such writs. Pursuant to the stipulated waiver of Defendants, the Court concludes that 18 WFIB need not post a bond in support of any of the writs described above. 19 20 21 22 23 24 25 DATEDthis_dayof ,2007. ' John P. Erlick King County Superior Court Judge STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACHMENT- -12 KlRKPATRlCK & LOCKHART PRESTON OATES ELL!S LLP 925 FOURTH ~ V~Llf SUITE 2900 SEATTLE, Wt,SlilNGTON 9610~"1 !~8 T'ELEl'HO'H!;: {2n6) 62.1-7511() FACSlM!U:.: !2D6} n~. 7011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Presented By: KIRKPATRlCK & LOCKHART PRESTON GA TES ELLIS LLP \~~~ By . Michael J. Gearin, WSBA ,2~2 David C. Neu, wsBA #JJI<J Christopher M. Wyant, WSBA #35561 Attomeys for Plaintiff W ashlngton First International Bank STIPULATION AND ORDER FOR PRELIMINARY INJUNCTION AND WRITS OF ATTACBMENT- -13 KJRKPATRlCK & LOCKHART PRESTON GATES ElUS LU' \12S FOURTH ,..Vl!NUE SUJ1"E2!1C1U SEAITLS, WASH[NGTO'.N ~m"l-1 rss TEL.EPH01'l'E; (206) 6l3-7580 fACSlMTLE: (2!lli) 623-J!llJ C. THOMAS FOSTER; June 28, 2007 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING WASHINGTON FIRST INTERNATIONAL BANK, a Washington bank, Plaintiff, vs. ) ) ) ) ) ) ) ) LANGLEY DEVELOPMENT GROUP, ) INC., a Washington corporation; ) GERALD STUMP and JANE DOE ) STUMP, husband and wife, and the marital community composed thereof; and C. THOMAS FOSTER and MARYL C. FOSTER, husband and wife, and the marital community composed thereof, Defendants. ) ) ) ) ) ) ) ) ________________ ) WASHINGTON FIRST INTERNATIONAL BANK, a Washington bank, Plaintiff, vs. C. THOMAS FOSTER and MARYL FOSTER, as individuals, and in their marital community, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) _______________ ) 06-2-35218-1 SEA 06-2-35214-9 SEA (Consolidated Under 06-2-35218-1 SEA) Yamaguchi Obien Mangio, LLC * www.yomreporting.com Page 1 520 Pike Street, Suite 1320, Seattle, Washington 9Bl01 * (206) 622-6675 * 1 (BOO) 831-6973 EXHIBll D C. THOMAS FOSTER; June 28, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WASHINGTON FIRST INTERNATIONAL BANK, a Washington Corporation Plaintiff, vs. RAL DEVELOPMENT AND VENTURE COMPANY, a Washington general partnership; STURGUS, LLC, a Washington limited Liability company; THOMAS HOLIDAY and KATHLEEN HOLIDAY, husband and ) ) ) ) ) ) ) ) ) ) ) ) ) ) wife, and the marital,community) thereof; C. THOMAS FOSTER and ) MARYL FOSTER, husband and wife, ) and the marital community ) thereof; TERRANCE KOLBET and ) CHRISTINE KOLBET, husband and ) wife; MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, ) INCORPORATION, a Delaware ) corporation; 1st SECURITY ) BANK OF WASHINGTON, a ) Washington bank; GB HOME ) EQUITY, LLC, a Wisconsin ) limited liability company; ) LANGLEY VENTURE GROUP, ) INCORPORATED, a Washington ) corporation; MICHAEL DOOLEY and) LINDA DOOLEY, husband and wife, ) BAIMA & HOLMBERG, INCORPORATED, ) a Washington corporation, Defendants. ) ) ) 07-2-02555-3 SEA (Consolidated Under 06-2-35218-1 SEA) SUPPLEMENTAL PROCEEDINGS DEPOSITION UPON ORAL EXAMINATION OF C. THOMAS FOSTER 11:00 A.M. JUNE 28, 2007 925 FOURTH AVENUE, SUITE 2900 SEATTLE, WASHINGTON 25 REPORTED BY: SHARI L. AHEARN, CCR 2396 Yamaguchi Obien Mangio, LLC * www.yomreporting.com Page 2 520 Pike Street, Suite 1320, Seattle, Washington 9B1Dl * (206) 622-6875 * 1 (800) 831-6973 C. THOMAS FOSTER; June 28, 2007 1 2 A P P E A R A N C E S 3 FOR THE PLAINTIFF(S) WASHINGTON FIRST 4 INTERNATIONAL BANK: 5 DAVID C. NEU 6 Kirkpatrick & Lockhart Preston Gates Ellis, LLP 7 925 Fourth Avenue, Suite 2900 8 9 10 11 Seattle, WA 98104 (206) 623-7580 david.neu@klgates.com 12 FOR THE DEFENDANT(S) FOSTER: 13 PAULE. BRAIN 14 Smith Alling Lane, PS 15 1102 Broadway Plaza, Suite 403 16 17 18 19 20 21 22 23 24 25 Tacoma, WA 98402 (253) 627-1091 paulb@smithallinglane.com Yamaguchi Obien Mangio, LLC * www.yomreporting.com Page 3 520 Pike street, Suite 1320, Seattle 1 Washington 9B1Dl * (206) 622-6875 * 1 (BOO) 831-6973 C. THOMAS FOSTER; June 28, 2007 Page 24 1 MR. BRAIN: -or a shareholder's interest 2 in a corporation. 3 Q. (BY MR. NEU) Page 2 of Exhibit 2, I would like 4 to go through these. What is Langley Meadows, LLC? s A. Langley Meadows, LLC, is a limited liability 6 corporation, of which I'm a SO-percent owner. And it's 7 on land that has preliminary plat approval, and we are B starting the development process. 9 Q. Who is the other SO-percent member of Langley o Meadows, LLC? 1 A. Gerald Stump. 2 Q. When was Langley Meadows, LLC, formed? 3 A. March of this year. 4 Q. Where is the real estate that Langley Meadows s owns? 6 A. In Renton. 7 Q. Is it just one plat that you're working on s there? Has it been platted? 9 A. It's in the process of being --we have what o they call preliminary plat approval. It's an assemblage 1 of several tax parcels that has preliminary approval 2 from the City of Renton to develop. And we are waiting 3 for our final engineering drawings, probably within the 4 next two or three weeks, before we can start s construction. Page 25 1 Q. How many lots do you anticipate will be 2 developed at Langley Meadows? 3 A. There are 70 lots, of which we own 67. 4 Q. Who's the lender on Langley Meadows? 5 A. Frontier Bank. 6 Q. That's the 6.8 million or 6.9 million, roughly? 7 A. Yes. B Q. Does anybody else have a deed of trust on the 9 Langley Meadows property, other than Frontier? o A. No. 1 Q. Langley Development Group holds a -I guess 2 owns 50 percent of the shares of Langley --I'm sorry - 3 the trust owns 50 percent of the shares of Langley 4 Development Group, Inc.; is that correct? s A. I'm a SO-percent owner. 6 MR. BRAIN: By "I" you're referring to the 7 trust? 8 THE WITNESS: Yes. 9 MR. BRAIN: I think he did the same thing o in response to your question about Langley Meadows. 1 Obviously, Tom, this is scheduled on here 2 because you believe it to be a trust asset? 3 THE WITNESS: Correct. 4 Q. (BY MR. NEU) Are the shares held in your name s even though it's a trust asset? Page 26 1 MR. BRAIN: There are no shares. They've 2 never been certificated. 3 MR. NEU: Okay. 4 Q. (BY MR. NEU) And you believe it's a trust s asset under the terms of the 2003 trust agreement? 6 A. Yes. 7 Q. Has it always been a trust asset, since 2003? 8 A. Well, since its inception. 9 Q. I guess what I'm asking is, when was the o Langley-the Honey Brooke West property acquired by 1 Langley Development Group? 2 A. Late 2005. 3 Q. When was Langley Development Group 4 incorporated. s MR. BRAIN: 12/02 -'03. 6 THE WITNESS: I thought it was later than 7 that. 8 MR. BRAIN: I checked it on the Secretary 9 of State. Langley Development Group, as opposed to o Langley Meadows. 1 THE WITNESS: Right. 2 Q. (BY MR. NEU) Honey Brooke West, what's the 3 status of that project? 4 A. We are --it sold to Harbor Homes. 5 MR. BRAIN: That's the document that we Page 27 1 produced to you earlier that's captioned Addendum A. 2 It's a copy of the purchase and sale agreement to this 3 property. Addendum A actually should be at the back. 4 MR. NEU: Okay. Let me just read this s here. 6 Q. (BY MR. NEU) So it's under contract to sell 7 for --I'm talking about Honey Brooke West, just to be 8 clear-· under contract to sell to Harbor Homes for 9.75 9 million; is that correct? O A. Yes. 1 MR. BRAIN: You got the lot yield that 2 was originally anticipated? 3 THE WITNESS: Yes, I did. 4 MR. NEU: I'm just looking to see if s there's a closing date in the -- 6 MR. BRAIN: The closing date would be in 7 paragraph 5. It's typically tied to completion of the 8 plat. Go to page 2. 9 MR. NEU: Here we go. Okay. 20 days O after the lots are finished. 1 MR. BRAIN: If you go to the back, in the 2 contract you'll see there's a definition of "finished 3 lots," which includes final plat recordation. It's 4 paragraph 11, subsection ( e ). 5 Q. (BY MR. NEU) How close are you to finishing Yamaguchi Obien Mangio, LLC * 9 {Pages 24 to 27) www.yomreporting.com 520 Pike Street, Suite 1320, Seattle, Washington 98101 ' (206) 622-6875 * 1 (800) 831-6973 C. THOMAS FOSTER; June 28, 2007 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '4 25 Page 28 Honey Brooke West? 1 A. The construction phase, mid-July. 2 Q. Do you have a closing date set for -3 A. I can't until -we are also working through 4 the City of Renton for the final plat process. That's 5 the legal documents we filed. And they had some 6 conunents, and we1re working through those. We've 7 already submitted it once. They usually take about a 8 month for their review. 9 ·Q. When was the final plat process started with --1 D when were the documents submitted to the City of Renton? 11 A. I submitted them Monday of this week. And they 12 have comments, and so I'm still trying to fulfill the 13 application at this point. 14 Q. Has an escrow been opened up for the sale? ii. 5 A. Yes. 16 Q. Where's the escrow? l 7 A. I think it's at First American Title. 18 MR. BRAIN: It will be specified in the 9 agreement. 20 Q. (BY MR. NEU) When was the escrow opened? 21 A. After the feasibility. 2 2 Q. Do you know when that was? 23 A. Can I see the agreement? .., 4 MR. BRAIN: It has a 60-day feasibility 2 s Page 29 1. in that one. 1 2 A. It looks like --well, I would say it was in 2 3 the fall of 2005 because they had a feasibility. Then 3 4 within five business days of the feasibility, they were 4 5 to deposit the earnest money. 5 6 Q. (BY MR. NEU) So the earnest money is held in 6 7 escrow at this point? 7 8 A. No. It was released to us. 8 9 Q. Okay. 9 • o A. It went through escrow to us --well, to ,o .1 Langley Development. .1 2 Q. And so at the present time, no final closing .2 3 date has been set? , 3 .4 A. Well, no. I mean, you anticipate a final c4 s closing date. But until I get recordation, then the .5 6 clock starts. • 6 7 MR. BRAIN: Do you know how these get c 7 • 8 processed? c 8 9 MR. NEU: No. 9 2 O MR. BRAIN: Can we go off the record for 2 o l1 just a second? 1 22 MR. NEU: Sure. Let's go off the record. 22 23 (Discussion off the record.) 23 24 MR. NEU: Back on the record. 24 ' ~ Q. (BY MR. NEU) So just to be clear, you expect s Page 30 that the closing should occur on Honey Brooke West sometime in July? A. August. Q. Early August? Late August? Do you have a - A. I don't know. I wish I could tell you. I mean, that's what I've been saying all along. It's not an exact science. MR. BRAIN: Far from it. Q. (BY MR. NEU) But the Benner plat --again, the trust has a 50 percent -that's owned by Langley Development; is that correct? A. That's correct. Q. And what is the status of the Benner plat? A. We have submitted the final engineering. We've installed sewer and water and graded. I'm sorry. The water has been stubbed. It's partially in. It's a very small piece of property, so it's something that -- they're going to go back on it full time on Monday because they have the final plans. It should be -the construction portion should be done by mid-July, the third week in July. And it's just how long it takes the City to approve the short plat documents. Q. In looking at the trust asset sheet we've been ' looking at, Exhibit 2, on the Benner plat, you show a second deed of trust. And I believe that's the deed of k Page 31 trust to your trust, correct? A. Correct. Q. There's another debt note payable of$38,712. What is that? A. That's a loan that we --a personal loan that we took out to cover interest and stuff. It's a personal loan. Verbally we said we would pay it back with the closing of Benner because it was the first one, we thought. But it's not a secured debt against it. Q. Who is the lender on that? A. His name is Mike Brown. He's an employee of Seattle Mortgage. Q. Langley Ridge, what's the status of the closing on Langley Ridge? MR. BRAIN: That's the second purchase and sale agreement that we provided to you, this document. That's under contract to Norris Homes, Inc. Q. (BY MR. NEU) When do you anticipate the sale to Norris, roughly? I understand this is -- A _We anticipate that to be ready in August also. That one, we are probably a week or two behind in the construction., So we're probably looking at mid to the end of July to finish everything there. But we have already submitted the final engineering documents and gotten notice of complete application. We did that a , Yamaguchi Obien Mangio, LLC * 520 Pike Street, Suite 1320, Seattle, Washington 98101 10 (Pages 28 to 31) www.yomreporting.com * (206) 622-6875 * 1 (800) 831-6973 C. THOMAS FOSTER; June 28, 2007 Page 32 l couple of weeks ago. 2 · Q. How close are you to completing construction? 3 A. About two, three weeks. Of course you've got 4 the 4th o(July coming up so -- 5 Q. I'm looking at the -- 6 A. 30 days after recording. 7 Q. Okay. 8 MR. BRAIN: It would be extremely unusual 9 to find a purchase and sale agreement for a finished lot 0 deal like this to have a specific closing date. 1 MR. NEU: I understand. 2 Q. (BY MR. NEU) Okay. What's the second deed of 3 trust, the 550,000, on Langley Ridge? 4 A. That's to SoundBuilt Homes. 5 Q. And there's a $5 million deed of trust? 6 A. I think it's a couple dollars shy of that. 7 Q. And forgive me. I should probably know this. 8 But who is the lender on Langley Ridge? 9 A. Frontier Bank. 0 Q. So you are expecting gross proceeds out of 1 Langley Ridge, excluding the house, of approximately 2 $840,000; is that right? When I say, "you," that's to 3 the trust. So that would be the 50 percent of -- A. Right. Well, there's an assignment of 300-some-thousand. So I'm expecting about 500,000 on Page 33 1 that. 2 Q. And who is that assignment to? 3 A. Frontier Bank. 4 Q. So when it says, Foster Trust Ownership, 50, 5 and then it has 838,584 --do you see that? 6 A. Yes. 7 Q. That should actually be 500-and-something 8 thousand? 9 A. Well, I put a note in here because I didn't o really know quite how to document it. But that was what 1 we consider to be the stock value. 2 Q. What is the assignment to Frontier Bank --is 3 that to pay off a different loan? 4 A. It's to provide the required equity for Langley s Meadows. 6 Q. And there's an existing home on the property; 7 is that correct? 8 A. Yes, there is. 9 Q. And that lot will be sold separately? o A. Yes. 1 Q. And what do you --you've got it listed here. 2 But you expect that that's worth approximately $875,000? 3 A. Yes. 4 Q. Just so I'm clear, your half --and when I say, • 5 "half," I'm assuming that Gerald Stump has the other 1 Page 34 half? 2 A. Correct. 3 4 Q. -of the proceeds of the sale of Langley Ridge will be approximately $900,000? 5 A. Uh-huh. 6 Q. And your half, or the trust's half, of the sale 7 8 of Langley Development Group should be approximately $990,000, correct? Am I reading that right? 9 10 A. The proceeds? Is that what you're saying? Q. Right. The profits. 1 2 A. With the sale of the home after the assignment, yes. 3 4 Q. So between Honey Brooke West and Langley Ridge, the trust's'-' rm sorry; Is Langley Development going 5 6 7 8 9 0 1 to distribute these profits to you --or to the trust at the closing of these sales? A. Yes, at some point. MR. BRAIN: Not all ofit. No decision has been made. It's discretionary on the part of Langley. There's no obligation to distribute. A. We have to make sure all the bills are paid. 2 3 Q. (BY MR. NEU) Right. Are there any other materialmen's liens or any other costs of construction that aren't reflected in this schedule? A. Not currently. There are no liens on the Page 35 1 property, but we have had some cost overruns. 2 Q. So between Honey Brooke West and Langley Ridge, 3 50 percent of the profits from the sale, you're looking 4 at almost $2 million. Is that fair to say? 5 A. Yes. Less the assignments. 6 MR. BRAIN: Does that include or does that 7 not include the trust's interest in the house? 8 TIIB WITNESS: This also includes the 9 house. o MR. NEU: Right. 1 MR. BRAIN: Just so you understand, at the 2 conclusion of this transaction, Langley Development 3 Group would own the house free and clear, plus have 4 something just under $500,000 to distribute to the trust 5 if they made the election to do so. MR. NEU: Right. 7 MR. BRAIN: The house is not currently 8 under contract to sell. TIIB WITNESS: That would complicate our o situation right now. 1 Q. (BY MR. NEU) I can go back and look at this. 2 But does Washington First have a deed of trust on that 3 house? 4 MR. BRAIN: No . s A. No. Yamaguchi Obien Mangio, LLC * 520 Pike Street, Suite 1320, Seattle, Washington 98101 11 (Pages 32 to 35) www.yomreporting.com * {206) 622-6875 * 1 {800) 831-6973 C. THOMAS FOSTER; June 28, 2007 Page 36 Q. (BY MR. NEU) You list, under Other Assets, on ~ the first page of Exhibit 2, assignments of$875,000. 3 What does that -- 4 A. On Page 1? s Q. Correct. Page 1. 6 A. That's a $500,000 assignment required by 7 Seattle Financial Group from the sale of Honey Brooke B West and half of the assignment required by Frontier 9 from the sale of Langley Ridge to Langley Meadows. o Q. So is that a liability or an asset? 1 MR. BRAIN: It's the same basic 2 situation. The assignments are required by these 3 lenders in order to satisfy equity requirements on other 4 properties. So it's an assignment for purposes of 5 security. And I think Tom was unclear as to how to 6 carry it. I just saw this for the first time. I think 7 it would more properly be characterized as a liability. 8 A. I carry it as both a liability and an asset on 9 the financial because when it transfers from one to the other, it becomes an additional asset. But as long as it's in the current form, it's a liability. So it shows up as a debit and a credit. Q. Just so I'm clear, when you sell Honey Brooke West --you list here gross profits --or 50 percent of the · oss rofits is $986,250. Does that account for Page 37 1 the $500,000 to Seattle Mortgage? 2 A. No, it doesn't. 3 Q; Will that $500,000 be paid out to Seattle 4 Mortgage at closing? 5 .A. Yes._ 6 MR. BRAIN: But then you will have 7 satisfied your equity contribution on another property. 8 Th~iit's Where the confusion comes in. 9 Q. (BY MR. NEU) So it will free up equity on o another property? 1 MR. BRAIN: Exactly. 2 Q. (BY MR. NEU) But it reduces the -what's 3 going to come out of these sales? 4 MR. BRAIN: Exactly. 5 Q, (BY MR. NEU) Okay. So the sale of Honey 6 Brooke West, the 50 percent -- 7 A. If you want me to, I think I can clear this up B for you real quickly. 9 Q. That would be great. o A. I've been talking to Paul. And I think that if 1 we can come to an agreemerit, some kind of assignment of 2 funds; which we've been offering for the last year, from 3 the sale of any of these three projects -either 4 Langley Ridge, Honey Brooke West, or Sturgus --once we s have an agreement, then I can go to a bank and I can Page 38 1 secure a loan against Pottery Works for a portion of the 2 debt that's due against it, which could then close 3 concurrently with the proceeds plus the new loan. 4 That;s the way I think I could do it the fastest. s Q. I see what you're saying. 6 A. But, you know, until we have an agreement, I 7 can't go and do that B MR. BRAIN: In other words, if you guys 9 are willing to release your interest in Pottery Works as o part of the transaction, you could get paid in full on 1 the closing on Pottery Works --on the closing of any 2 one of these transactions. 3 A. You wouldn't have to release your interest. I 4 mean, it would all take place simultaneously. To me, s releasing interest means that you're going to just forgo 6 part of the debt against it right now and let -- 7 Q. (BY MR. NEU) Right. I see what you're saying. B It would be a simultaneous - 9 MR. BRAIN: Simultaneous closing on two o different transactions. 1 Q. (BY MR. NEU) Washington First would be paid. 2 So let me --there would be the release of proceeds from 3 one of these sales, plus a - 4 A. New loan. s Q. -lus a take-out loan on Benner, I guess? Page 39 1 A. Right. 2 MR. BRAIN: It might be easier to think of 3 it as these proceeds being used to pay down Pottery 4 Works to the extent that we could get an appraisal that 5 would justify a loan from somebody else, close both of 6 those transactions at the same time, and you guys are 7 out of that. But it would require you guys to agree B that the proceeds would be applied to the Pottery Works 9 loan rather than Briarwood. o Q. (BY MR. NEU) Right And, frankly, Briarwood 1 is ofless importance right now. 2 MR. BRAIN: Well, you do know we've got -- 3 MR. NEU: I saw the lease. 4 Let's go off the record. 5 (Discussion off the record.) 6 MR. NEU: Back on the record. 7 Q. (BY MR. NEU) I think we were talking about the B assigrunents on Honey Brooke West 9 A. Can we take a small break? o MR. NEU: Sure. We can do that. I'll 1 re-ask the question. 2 (Recess taken.) 3 MR. NEU: Let's go back on the record. 4 Q. (BY MR. NEU) Mr. Foster, !just want to 5 clarify. Going back to the third page of Exhibit 2, if Yamaguchi Obien Mangio, LLC * 520 Pike Street, Suite 1320, Seattle, Washington 98101 12 (Pages 36 to 39) www.yomreporting.com * (206) 622-6875 * 1 (BOO) 831-6973 King County Recorder's Office Web Access Page 1 of2 tQ King County lllmma IIIEl!!IIII C14kli24W Comments Wi¥ii4,M Recorder's Office Official Public Records Search Results Records and Licensing Services Division Department of Executive Services Recording Fee Increases -Janual")l 1 2008 Pn:ts · tle/p Criteria: Name or Associated Name Begins with LANGLEY DEVELOPMENT Document Type is LIEN Search Results -9 matches Displaying Records 1 to 9 Instrument Book-Date Filed Document Name Name Associated Name Name Legal Description Ind, Number Page Type (+)::. More Names Type (+)=More Names Type Sta 20080104000968 000 -01/04/2008 LIEN LANGLEY R RENTON CITY OF E SEC 10 TOWN 23 Per 000 DEVELOPMENT RANGE 05 102305- CORP 9036 20Q80104000969 000-01/04/2008 LIEN LANGLEY R RENTON CITY OF E SEC 10 TOWN 23 Per 000 DEVELOPMENT RANGE 05 102305- CORP 9291 20031104001049 11/04/2003 LIEN LANGLEY R ICICLE CREEK E SEC 10 TWNSHP Per DEVELOPMENT ENGINEERS INC 23 RNG 05 GROUP{+) 1023059041 20031104001050 11/04/2003 LIEN LANGLEY R ICICLE CREEK E SEC 10 TWNSHP Per DEVELOPMENT ENGINEERS INC 23 RNG 05 GROUP 1023059142 2()_Q50808001239 000 -08/08/2005 LIEN LANGLEY R CORE DESIGN INC E LTCCITY Per 000 DEVELOPMENT GROUP 20071113Q01918 000 -1111312007 LIEN LANGLEY R WILSON E SEE OTHER Per ODO DEVELOPMENT CONCRETE PARCEL #'SON GROUP CONSTRUCTION PAGE 1 SEC 10 INC TOWN 23 RANGE 05102305-9015 .. 20071113001919 000 -11/13/2007 LIEN LANGLEY R WILSON E SEC 03 TOWN 23 Per 000 DEVELOPMENT CONCRETE RANGE 05 032305- GROUP CONSTRUCTION 9247 INC 20071030001922 000 -10130/2007 LIEN LANGLEY R WESTERN E SEC 03 TOWN 23 Per 000 DEVELOPMENT ASPHALT INC RANGE 05 032305- GROUP INC{+) 9002 20071030001923 000 -10/30/2007 LI EN LANGLEY R WESTERN E SEC 10 TOWN 23 Per http:/ 1146.129.54.93: 8193/results.asp?cabinet=opr&pg= EXHIBIT E 3/12/2008 King County Recorder's Office Web Access 000 DEVELOPMENT GROUP INC(+) ASPHALT INC Recorders Office Home Page I Customer Service Questions King County I ~ ! Services J Comments I Search Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Internet Public Access Module Version 3.1 Copyright© 2001 -2003 Hart lnterCivic, Jnc. All Rights Reserved. WebServ1 http:1/146.129.54.93 :8193/results.asp?cabinet=opr&pg= Page 2 of2 RANGE OS 102305- 9125 3/12/2008 TO: NOTICE OF DEFAULT PURSUANT TO THE REV I SEO CODE OF WASHINGTON CHAPTER 61.24, t!I l'eJ/. Langley Development Group, Inc. 6450 Southcenter Blvd., Suite I 06 Seattle, WA 98188 Clinton T. Foster 20840 SE 118th PL Issaquah, WA 98027 Gerald L. Stump 28609 SE 2581!, Street Ravensdale, WA 98051 I. DEFAULT: Thomas C. Foster and Maryl C. Foster, Trustees of the C. Thomas Foster and Maryl C. Foster Trust 6450 Southcenter Blvd., Suite 106 Seattle, WA 98188 Maryl C. Foster 6450 Southcenter Blvd., Suite I 06 Seattle, WA 98188 You are hereby notified that, Frontier Bank, the pr<:sent beneficia,y, has declared you in default on the obligation secured by a deed of trust r,:corded under Auditor's No. 20060628001507, records of King County, Washington, which Deed of Trust encumbers the following described real property in said county which is legally described on Exhibit A and briefly described as follows: SE SEC. 34, TWP. 24N, RG. SE; NE SEC. 3, TWP. 23N, RG. SE. Assessor's Property T3' Parcel Account Number(s); 032305924709; 032305907100; 032305924808; 032305900204; 342405907706; 342405906302; AND 032350907308 2. STATEMENT OF DEFAULT AND ITEMIZED ACCOUNT OF AMOUNTS IN ARREARS: The beneficiary alleges that you are in default for the folJowing reasons: a. b. Fully matured Joan (principal); (default interest): Late Charges: TOTAL MONTHLY PAYMENTS AND LA TE CHARGES: c. Default other than failure to make monthly payments: None. 3. OTHER CHARGES, COSTS AND FEES: $5,078,277.07 $ 82,628.37 $ 1,808.43 $5,162,713.87 In addition to the amounts in arrears specified above, you are or may be obi iged to pay the following charges, costs and fees to reinstate the Deed of Trust if reinstatement is made before recording of the Notice of Trustee's Sale: a. b. C. d. Cost of Title Report for foreclosure: Service of Notice of Default (estimated): Posting of Notice of Default (estimated): Copying and Fax: EXHIBIT T7 $7,500.00 (est.) $250.00 (est.) $20.00 (est.) 4. e. f. g. h. i. j. k. Postage: Trustee's Fee: Attorney's Fee: Jnspection Fees: Long Distance Telephone Charges: TOTAL CHARGES, COSTS AND FEES: REINSTATEMENT: IMPORTANT/ PLEASE READ! $100.00 (est.) $1,800.00 {est.) $9,670.00 a. The total amount neeessacy to reinstate your Deed ofTrust and the obligation secured thereby before the recortling of the Notice of Trustee's Sale is the sum of Paragraphs 2 and 3 above in the amount ofSS,172,383.87 PLUS the amount of any monthly payments, default interest and late charges which may fall due after the date of this Notice of Default. In the event you tender reinstatement before recordtng of the Notice of Trustee's Sale, you must be sun!'to add to the amount shown above any monthly payments and/or late charges which fall due after the date of this Notice of Default. No additional fees or costs will be incurred prior to the time Notice of Trustee's Sale is recorded; the Notice of Trustee's Sale may be recorded after thirty (30) days from the date this notice is mailed, served upon you or posted upon the premises, whichever occurS latest. Reinstatement monies may be tendered to David R. Riley, 2001 Western Avenue, Suite 400, Seattle, WA 98121. b. Jfyour default includes a default other than failure to pay monthly payments and/or late charges when due, then in order to reinstate the Deed of Trust and the obligation secured thereby before the Notice of Trustee's Sale is recorded, you must cure such other default(s). 5. CONSEQUENCES OF DEFAULT: a. Failure to cure said alleged default{s) within thirty days of the mailing of this notice, or if personally served, within thirty days of the date of personal service thereof, may lead to recordation, transmittal and publication of a Notice of Trustee's S~e, and the property described in paragraph I above may be sold at public auction at a date no less than 120 days in the future. b. The effect of the recordation, transmittal and publication of a Notice ofTrustee's Sale will be to (i) increase the costs and fees and {ii) publicize the default and advertise the property herein for sale. c. If the default(s) described above is/are not cured on or before the eleventh (11th) day prior to a Trustee's Sale date, which may hereafter be set, the entire principal balance owing on that obligation secured by the deed of trust described in paragraph I above, and all accrued and unpaid interest as well as costs of foreclosure, shall be immediately due and payable. d. The effect of a trustee's saJe of the above described property by the trustee will be to deprive you, or your successor in interest, and all of those who hold by, through or under you of all of your or their interest in the property described in paragraph 1 above and satisfy the obligation secured by the above deed of trust. 6. GUARANTOR(S): Guarantor{s) of the obligation secured by this deed of trust: (I) may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less than the debt secured by the Deed ofTrus~ (2) have the same rights to reins!ate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee's sale; (3) will have no right to redeem the property after the trustee's sale; (4)subjeetto such longer periods as are provided in the Washington Deed ofTrust Act, Chapter 61.24 RCW, any action brought to enfor<:e a guaranty must be commenced within one year after the trustee's sale, or the last trustee's sale under any deed of trust granted to secure the same debt; and (5) in any action for a deficiency, the 2 guarantor will have the right to establish the fair value of the property as of the date of the trustee's sale, less prior liens and encumbrances, and to timit its liability for a deficiency to the difference between the debt and the greater of such fair value or the saJe price paid at the trustee's sale. plus interest and costs. 1. RECOURSE TO COURTS: You or your successor(s) in interest have recourse to the courts pursuant to RCW 61.24.130 to contest the alleged default on any proper ground. DA TED this{!:, day ofFebnwy, 2008. David R. Riley, Weinstein & Riley, P.S. 2001 Western Avenue, Suite 400 Seattle, WA 98121 (206) 269-3493 3 EXHIBIT "A" 4 EXHl'SITA LEGAL DESCRIPTION Parcel A: I The Soulh 136 feet ofLol 2 of King County Short Plat No. 6770-07, as recorded t~der King County R<cording No. 7712090795. I Parcel A· I: I A n~n-exclusivc easement for ingress and egress over the East 30 feet of the Soulh 30 feet of the Wesl half of the E.asl h.alf of Oovern1nent Lal 2 of Section 3, Township 23 North\ Range 5 East. W.M., in King County, Washington. · i i Parcel B: L The West half of Government Lot 2, in Section 3, Township 23 North, Range S : st, W.M., in King County, Washingto1l. ti. EXCEPT THEREFROM the West 247.50 feet. ALSO EXCEPT THEREFROM the East 82.5 feet thereof. I Parcel C I The South 30 feet of the East half and the East S2.50 feel of lhe West half of all bovernment Lot '2, in Sec lion 3, Township 23 North, Range 3 East, W.M., in King County, Wasington. EXCEPT the East quarter of said Lot 2 j Pared D· The South 30 feet of the West half of Government Lot 2, in Section 3, Townshi 23 North, Range 5 East, W.M., in King County, Washington. ' EXCEPT THEREFROM the West 147.50 feet ALSO EXCEPT THEREFROM the East S2.5 feet thereof. Parcel E: I The West 247.5 Feet of Govemment [,ii No. 2 of Section 3, Township 23 Nortl1 Range 5 East of the: WillameHe Meridian, in King County, Washington. 1 i ~~F: I The West 116 feet of that portion oflhe West half of 1he West half of rhe SoutJast quarter of the Southeast quar!erofSection 34, Township 24 North. Range 5 East, W.M .. in King County, Washington, lying Soulh of center line of County Road as conveyed to King C{lunty for road, by instrum~nt ri:-corded under Auditor's File No. 1993 7 I 6, EXCEPT said road. Parcel G: That portion of the Eas1 half of the Easl half of the Southwest quarter of the So?theast quarter or Seel ion 34, Township 24 N011heast, Range 5 Easl W.M., lying South ot"thc Co~nty Road, described as follows: BEGINNfNG at a point 90 feet North of 1he Snnlheast corner I hereof; EXHIBIT A (CONT'D) LEGAL DESCRIP110N i Thence Westerly to the West line of said Subdjvisiol'.l ta a point 200 feet Norther~ from the South line thereof; / Thence Northerly along said Westerly boundary to lhe South line of County Roal; TI1ent.".e Easterly along Lbe South line of said County Road lo the East line of satJ Subdivision: ' Thene< Southerly along said East line to the POINT Of BEGINNING; ; EXCErT roads. Pai~el ll: The Easl half of lhe EaSI half of Government Lot 2 in Seetion 3, Township 23 Nfrth, Range S Easr, W.l\·1., in King County, Washington. \ Also that 1>0rtion of the East half of the Eas1 half of 1he Southwest quarter of the boutheast ,1uar1er of Section 34, Township 24 No11h, Range 5 East, W.M., in King Coun1yf Washington described as follows: I ' BEGINNfNG at a point on the South line of said Subdivision, 120 feet East of l~e Southwest corner lhel'eof; · Thence North perpendicular to said South line 8 feet; Thence Easl .r,arallel to said South line 80 feet~ Thence South perpendicular to said South line 8 feet; Thence Wes, 80 feet to the POINT OF BEGINNING; Also I hat port inn of the Ea.st ha.If of the East half of the Southwest quarter of !helsoutheast quarter of s~ction 34, Tow11Ship 24 Norlh. Range 5 East, W.M., in King Countyt Washington, described as follows: I · BEGINNING at a point on the South line of said Subdivision, 120 feet East oftt Southwest cornet" thereof, 'j Thence North perpendicular to said South line 8 feet; Thence East parallel lo said South line 80 feet; ' Theoct Smtih perpendicular to said South line 8 teet; Thence Wes! 80 feel to the POINT OF llEGINNTNG; [ Also t11at part ion of the East half of lhc East half of the Southwest quarter of thef Southeast quarter of Section 34, Township 24 North, Range 5 East, W.lvt., in Kiog CountY;, Washington, described as follows: : BEGfNNING at the Southwest comer of said Subdivision; Thenci: Nor1h along the West line of said Subdivision 16 feet; Thence East paraHcl lo the Soulh line: of said Subdivision 120 feel; Thence South par,:11Jlel to the West line of said Subdivision 16 feel; Thonce West 120 feet to the POINT OF BEGINNfNG; EXCEPT that portion described as follows: I BEGfNNTNG at the Northeast corner of the East half of the East half of Goven+nent [,0[ 2 in Sectim1 3, To\vnship 23. North, Range S East, and W.M .• in King County, Was~ngton~ Thenc~ South along the East line thereof 20 feet; Theni;e West parallel lo lhe North line thereof 130.67 feet; The11ce North parallel to the East line 1herenf20 feel~ Thence East IJ0.67 feel !op the POfNT OF BEGINNING; I I • EXHIBIT A LEGAL DESCRIPTION I Parcel Jl-1: J An easement for ingress and egress, lO feet in width, the centerline of which be ns al the intersection of the South line of the Thomas Rowse Road (Southeast May Valle Road) with the East line of 1he West half of tht! East l1alf of lllC Southwest quarter of the Sourhelsl quarter of Section 34, Township 24 North, Range 5 East, W.M., in King Counly, Washinglpn and nins South a distance of 950 feet. I ! ... The Honorable Susan Craighead Hearing Date: March 28, 2008 With Oral Argument I 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE ST ATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 9 WASHING TON FIRST INTERNATIONAL BANK, a Washington 10 bank, 11 Plaintiff, 12 v. 13 LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation; 14 GERALD STUMP and JANE DOE STUMP, husband and wife, and the 15 marital community composed thereof, and C. THOMAS FOSTER and MARYL C. 16 FOSTER, husband and wife and the marital community composed thereof, 17 18 19 WASHING TON FIRST Defendants. INTERNATIONAL BANK, a Washington 20 bank, 21 Plaintiff, 22 V. 23 C. THOMAS FOSTER and MARYL FOSTER, as individuals and in their 24 marital community, 25 Defendants. ORDER APPOINTING GENERAL RECEIVER-I K: 1.2037501 \00030\20347 _DCN\20347P2410 Case No. 06-2-35218-1 SEA (LEAD CASE) ORDER APPOINTING GENERAL RECEIVER Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KIRKPATRICK & LOCK.HART PRESTON GATES ELLIS LLP 925 FOURIB A VENUE SU1TE2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE· (206) 623-7S80 FACSIMil..E· (2D6) 623-7022 I WASHING TON FIRST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 V. Plaintiff, RAL DEVELOPMENT AND VENTURE 6 COMPANY, a Washington general partnership; STURGUS LLC, a 7 Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN 8 HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS 9 FOSTER and MARYL FOSTER, husband and wife and the marital community 10 thereof; TERRANCE KOLBET AND CHRISTINE KOLBET, husband and wife; 11 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 12 INCORPORATED, a Delaware corporation; I sr SECURITY BANK OF 13 WASHINGTON, a Washington bank; GB HOME EQUITY, LLC, a Wisconsin 14 limited liability company; LANGLEY VENTURE GROUP, INCORPORATED, 15 a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, 16 husband and wife, BAIMA & HOLMBERG, INCORPORATED, a 17 Washington corporation, 18 Defendants. Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) J 9 This matter came before the Court on the motion of Washington First International 20 Bank ("WFIB") to appoint a general receiver for Langley Development Group, Inc. 21 ("Langley Development") and its assets and business operation, pursuant to chapter 7.60 22 RCW. The Court having reviewed the motion, the declarations of Patrick J. Burke and 23 Michael J. Gearin, the exhibits attached thereto, and the files and records herein, and 24 finding that good and sufficient grounds for appointment of a receiver exist, and that such 25 appointment is proper pursuant to chapter 7.60 RCW, now, therefore, it is hereby ORDER APPOINTING GENERAL RECEIVER-2 K:\2037501\00030\20347 _DCN\20347P2410 KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATJLE, WASHINGTON 98104-1158 TELEPHONE· (2D6) 623-7580 FACSIMil.E. (206) 623-7022 1 2 3 ORDERED that Plaintiffs motion is GRANTED. It is further ORDERED that: 1. Peny A. Stacks (the "Receiver"), is appointed as a general receiver with 4 respect to all real property, and all tangible and intangible personal property, interests, or 5 assets of any nature of Langley Development, provided, however, that the Receiver shall 6 only be required to assume responsibility for the real estate known and Langley Ridge and 7 Honey Brooke West, identified in Exhibit A hereto, and all personal and intangible 8 property associated therewith, for the purpose of selling the projects as soon as 9 practicable. Following the completion of the sale of these two projects, the Receiver shall IO report to the Court as to the necessity for further proceedings. 11 2. Langley Development and its shareholders, directors, officers, agents, 12 employees, representatives, and attorneys hereby are directed to cooperate fully with the 13 Receiver in carrying out the Receiver's duties, and to do nothing to interfere in any way 14 with the Receiver or the Receiver's representatives in carrying out the Receiver's duties. 15 Without limiting the foregoing, Langley Development is required to do the following: 16 (a) Assist and cooperate fully with the Receiver in the administration of the 17 assets and the business operation of Langley Development and the discharge of the 18 Receiver's duties and comply with all orders of the Court; 19 (b) Supply the Receiver with information necessary to enable the Receiver to 20 complete any schedules that the Receiver may be required to file and otherwise assist the 21 Receiver in the completion of the schedules; 22 (c) Deliver to the Receiver all of Langley Development's property in the 23 person's or entity's possession, custody, or control, including, but not limited to, all 24 accounts, books, papers, records, and other documents; and 25 ORDER APPOINTING GENERAL RECEIVER-3 K \2037501 \00030\20347 _DCN\20347P241 0 KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925FOVRTHAVENUE SUITE2900 SEATILE, WASHINGTON 98104-1158 TELEPHONE: (206)623-7580 FACSIMILE: (206) 623-7022 1 (d) Submit to examination by the Receiver, or by any other person, upon order 2 of the Court, under oath, concerning the acts, conduct, property, liabilities, and financial 3 condition of Langley Development, or any matter relating to the Receiver's administration 4 of the assets and business operation of Langley Development. 5 6 3. 4. The Receiver is not required to post a bond at this time. The Receiver shall not be required to file with this Court the schedule of 7 creditors and assets of Langley Development as provided for by RCW 7.60.090(2) and 8 RCW 7.60.090(3) until further order of the Court. 9 5. The Receiver shall not be required to send notice to creditors of Langley 10 Development until further order of the Court. 11 6. Unless and until otherwise ordered by the Court, the Receiver shall be a 12 general receiver with exclusive possession and control over the assets and the business of 13 Langley Development with the power, authority, and duty to preserve, protect, and 14 liquidate such assets during the pendency of this case. This authority includes, without 15 limitation, the authority to sell all of the real and personal property of Langley 16 Development, to incur and pay when due (to the extent they accrue after the Receiver's 17 appointment) all expenses incurred by Langley Development in the ordinary course of 18 business, and to make such other payments that the Receiver determines in good faith are 19 necessary or beneficial to the winding down of Langley Development's business 20 operations and the liquidation of Langley Development's assets. The Receiver shall have 21 exclusive possession and control over all assets of Langley Development (subject to the 22 rights of secured creditors), with the power and authority to preserve, protect, and 23 liquidate those assets and to distribute the proceeds thereof to the party or parties legally 24 entitled thereto. 25 ORDER APPOINTING GENERAL RECEIVER-4 K:\2037501\00030120347 _DCN\20347P2410 KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH A VENUE SUITE 2900 SEA1TLE, WASHINGTON 98104-1158 TELEPHONE· (206) 623-7580 FACSlMII.E' (206) 623-7022 I 7. The Receiver hereby is vested with all powers afforded a receiver under the 2 laws of the State of Washington including, but not limited to, the power and authority to 3 do the following things: 4 (a) To incur expenses, and to use Langley Development's cash to pay 5 expenses, incidental to the Receiver's preservation and use of the property with respect to 6 which the appointment applies, and otherwise in the performance of the Receiver's duties, 7 including the power to pay obligations incurred prior to the Receiver's appointment if and 8 to the extent that payment is determined by the Receiver to be prudent in order to preserve 9 the value of property in the Receiver's possession and the funds used for this purpose are IO not subject to any lien or right of setoff in favor of a creditor who has not consented to the 11 payment and whose interest is not otherwise adequately protected; 12 (b) To do all things that Langley Development might do in the ordinary course 13 of the operation of its business as a going concern, or in the use of its property, including, 14 but not limited to, purchasing and selling goods or services in the ordinary course of such 15 business and incurring and paying expenses of the business in the ordinary course; 16 (c) To assert any rights, claims, or interests of Langley Development; to 17 maintain in the Receiver's name or in the name of Langley Development any action to 18 enforce any right, claim, or interests; and to intervene in actions in which Langley 19 Development is a party for the purpose of exercising the powers under this subsection; 20 (d) To intervene in any action in which a claim is asserted against Langley 21 Development for the purpose of prosecuting or defending the claim and requesting the 22 transfer of venue of the action to this Court; 23 (e) To assert rights, claims, or choses in action of the Receiver arising out of 24 transactions in which the Receiver is a participant; 25 ORDER APPOINTING GENERAL RECEIVER-5 K.\2037501 \00030\20347 _DCN\20347P241 0 KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTI-1 AVENUE SU1TE2900 SEATfLE, WASl-flNGTON 98104-1158 TELEPHONE: (206) 623-1580 FACSIMILE: (206) 623-7022 1 (f) To pursue in the name of the Receiver any claim under chapter 19 .40 RCW 2 assertable by any creditor of Langley Development, if pursuit of the claim is determined 3 by the Receiver to be appropriate; 4 (g) To seek and obtain advice or instruction from the Court with respect to any 5 course of action with respect to which the Receiver is uncertain in the exercise of the 6 Receiver's powers, or the discharge of the Receiver's duties; 7 8 (h) (i) To obtain appraisals with respect to property in the hands of the Receiver; To sell all or substantially all of the assets of Langley Development as a 9 going concern, or as non-operating assets, with the Court's approval after notice and a 10 hearing; 11 (j) To obtain unsecured credit and incur unsecured debt in the ordinary course 12 of business as an administrative expense of the Receiver without order of the Court; and 13 (k) To compel, by subpoena, any person to submit to an examination under 14 oath in the manner of a deposition in a civil case with respect to estate property or any 15 other matter that may affect the administration of the receivership. 16 (I) The Receiver shall not be required to file with the Court a monthly report 17 with respect to Langley Development's assets, operations, and financial affairs, until 18 otherwise ordered by the Court. 19 8. Subject to the qualifications contained in paragraph 10 of this order 20 regarding the employment of professionals, the Receiver in the performance of the 21 Receiver's duties may employ such persons or entities as the Receiver deems appropriate, 22 including current employees of Langley Development, in connection with the Receiver's 23 management and operation of Langley Development and its assets. All such persons or 24 entities shall be subject to the management and direction of the Receiver in connection 25 with their performance of any duties associated with such employment by the Receiver. ORDER APPOINTING GENERAL RECEIVER-6 K:\2037501\00030\20347 _ DC N\20347P241 0 KIRKPATRJCK & LOCKHART PRESTON GA TES ELUS LLP 92S FOURTH AVENUE SlITTE 2900 SEATI1..E, WASHINGTON 98104-1158 TELEPHONE. (206) 623-7580 f ACSlMILE (206) 623-70:U. I The Receiver shall be free at all times to terminate the employment of any such person or 2 entity pursuant to applicable law. 3 9. If the Receiver wishes to employ attorneys, accountants, or other 4 professionals that the Receiver believes to be necessary in connection with the proper 5 performance of the Receiver's duties hereunder, the Receiver shall file a motion seeking 6 the Court's approval of such employment pursuant to RCW 7.60.180. 7 10. The Receiver's compensation for the Receiver's services in this case shall 8 be based on the standard rate for Mr. Stacks. The billing rate for the Receiver is subject to 9 periodic review and adjustment. 10 11. The Receiver, and the Receiver's authorized attorneys and other 11 professionals, may request to be compensated on an interim or final basis. In support of 12 any such request, the applicant shall file an itemized billing statement with the Court 13 indicating the time spent, billing rates of all persons who performed work to be 14 compensated, and a detailed list of expenses incurred by the applicant for which 15 compensation is sought. The Receiver ( or attorney or other professional) shall serve 16 copies of such materials on any person or entity that has been joined as a party in this 17 action, and any person or entity requesting copies of pleadings and other materials filed in 18 this proceeding. Those materials shall be accompanied by a notice indicating that unless 19 objections to the proposed compensation are filed with the Court within 20 days, the 20 Receiver may make the payments requested in the compensation notice. If an objection is 21 filed to the proposed compensation, the Receiver or professional whose compensation is 22 affected may request the Court to hold a hearing on the objection on five days' notice to 23 each person or entity that filed an objection thereto. 24 12. The Receiver may not sell all or any portion of the assets of Langley 25 Development outside of the ordinary course of business without the Court's approval, ORDER APPOINTING GENERAL RECEIVER-7 K:\2037501 \00030\20347 _DCN\20347P2410 KIR.KP A TRICK & LOCKHART PRESTON GATES ELLIS LLP 92S FOURTH A VENUE Slill'E 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206)623-7580 FACSIMILE: (206) 623-7022 ' ' I after notice and a hearing, in accordance with RCW 7.60.260. Such notice shall include a 2 description of the assets proposed to be sold, the price offered, and the proposed time of 3 closing of the sale. 4 13. The Receiver at any time may apply to the Court for further or other 5 instructions, for a modification of this Order, for further powers necessary to enable the 6 Receiver properly to perform its duties, for a termination of Perry A. Stacks' appointment 7 as receiver for Langley Development and its assets, or for other relief. 8 DONE IN OPEN COURT this __ day of March, 2008. 9 10 11 JUDGE/COURT COMMISSIONER 12 Presented by: 13 KIRKPATRICK LOCKHARTPRES 14 15 16 17 18 19 20 21 22 23 24 25 ORDER APPOINTING GENERAL RECEIVER-8 K:\2037501 \00030120347 _OCN\20347P241 O GA TES ELLIS LLP KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH AVENUE SUITE-2900 SEATI1..E, WASHINGTON 911\04-1158 TELEPHONE: (206) 62J-75SO FACSIMILE· (206) 623-7022 1 2 3 4 EXHIBIT A Legal Description of Langley Development's Real Property Langley Ridge All of the plat of Langley Ridge at May Creek, recorded in Volume 246 of Plats, 5 pages 47-56, under King County, Washington, Auditor's no. 20080212000465. 6 Honey Brooke West 7 All of the plat of Honey Brooke West, recorded in Volume 246 of Plats, pages 87- 91, under King County, Washington, Auditor's no. 20080229000783. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER APPOINTING GENERAL RECEIVER-9 K:\2037501 \00030\20347 _ DCN\2034 7P241 0 KIRKP A TRJCK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEAITLE, WASHINGTON 98104-1 !58 TELEPHONE: (206)623-7580 FACSIMILE: (206) 623-7022 The Honorable Susan Craighead Hearing Date: March 28, 2008 With Oral Argument I 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 9 WASHING TON FIRST INTERNATIONAL BANK, a Washington 10 bank, 11 Plaintiff, 12 V. 13 LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation; 14 GERALD STUMP and JANE DOE STUMP, husband and wife, and the 15 marital community composed thereof, and C. THOMAS FOSTER and MARYL C. 16 FOSTER, husband and wife and the marital community composed thereof, 17 18 Defendants. 19 WASHING TON FIRST INTERNATIONAL BANK, a Washington 20 bank, 21 Plaintiff, 22 V. 23 C. THOMAS FOSTER and MARYL FOSTER, as individuals and in their 24 marital community, 25 Defendants. ORDER APPOINTING GENERAL RECEIVER -I K\20Jrso1 \00030\20347 _oc N\20347P241 o Case No. 06-2-35218-1 SEA (LEAD CASE) ORDER APPOINTING GENERAL RECEIVER Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH AVENUE SUITE2900 SEATILE, WASHINGTON 9&104--1158 TELE.PHONE: (206) 623-7580 FACSIMILE: (206) 62J-7022 I WASHINGTON FIRST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 v. Plaintiff, RAL DEVELOPMENT AND VENTURE 6 COMPANY, a Washington general partnership; STURGUS LLC, a 7 Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN 8 HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS 9 FOSTER and MARYL FOSTER, husband and wife and the marital community 10 thereof; TERRANCE KOLBET AND CHRISTINE KOLBET, husband and wife; 11 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 12 INCORPORATED, a Delaware corporation; 1 ST SECURITY BANK OF 13 WASHINGTON, a Washington bank; GB HOME EQUITY, LLC, a Wisconsin 14 limited liability company; LANGLEY VENTURE GROUP, INCORPORATED, 15 a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, 16 husband and wife, BAIMA & HOLMBERG, INCORPORATED, a 17 Washington corporation, 18 Defendants. Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-l SEA) 19 This matter came before the Court on the motion of Washington First International 20 Bank ("WFIB") to appoint a general receiver for Langley Development Group, Inc. 21 ("Langley Development") and its assets and business operation, pursuant to chapter 7 .60 22 RCW. The Court having reviewed the motion, the declarations of Patrick J. Burke and 23 Michael J. Gearin, the exhibits attached thereto, and the files and records herein, and 24 finding that good and sufficient grounds for appointment of a receiver exist, and that such 25 appointment is proper pursuant to chapter 7.60 RCW, now, therefore, it is hereby ORDER APPOINTING GENERAL RECEIVER-2 K:\2037501\00030\20347 _ DCN\2034 7P241 0 KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTII A VENUE SUITE 2900 SEA1TLE, WASt-DNGTON 98104-1158 TELEPHONE: (206) 623-7580 F ACSlMILE: (206) 623-7022 .. 2 3 ORDERED that Plaintiff's motion is GRANTED. It is further ORDERED that: 1. Perry A. Stacks (the "Receiver"), is appointed as a general receiver with 4 respect to all real property, and all tangible and intangible personal property, interests, or 5 assets of any nature of Langley Development, provided, however, that the Receiver shall 6 only be required to assume responsibility for the real estate known and Langley Ridge and 7 Honey Brooke West, identified in Exhibit A hereto, and all personal and intangible 8 property associated therewith, for the purpose of selling the projects as soon as 9 practicable. Following the completion of the sale of these two projects, the Receiver shall IO report to the Court as to the necessity for further proceedings. 11 2. Langley Development and its shareholders, directors, officers, agents, 12 employees, representatives, and attorneys hereby are directed to cooperate fully with the 13 Receiver in carrying out the Receiver's duties, and to do nothing to interfere in any way 14 with the Receiver or the Receiver's representatives in carrying out the Receiver's duties. 15 Without limiting the foregoing, Langley Development is required to do the following: 16 (a) Assist and cooperate fully with the Receiver in the administration of the 17 assets and the business operation of Langley Development and the discharge of the 18 Receiver's duties and comply with all orders of the Court; 19 (b) Supply the Receiver with information necessary to enable the Receiver to 20 complete any schedules that the Receiver may be required to file and otherwise assist the 21 Receiver in the completion of the schedules; 22 (c) Deliver to the Receiver all of Langley Development's property in the 23 person's or entity's possession, custody, or control, including, but not limited to, all 24 accounts, books, papers, records, and other documents; and 25 ORDER APPOINTING GENERAL RECEIVER-3 K:\2037501\00030\20347 _DCN\20347P2410 KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925FOURTIIAVENUE SU11~2900 SEATTLE, WASHINGTON 93104-1153 TELEPHONE: (206) 623-7580 FACSJMJLE: (206) 623-7022 1 (d) Submit to examination by the Receiver, or by any other person, upon order 2 of the Court, under oath, concerning the acts, conduct, property, liabilities, and financial 3 condition of Langley Development, or any matter relating to the Receiver's administration 4 of the assets and business operation of Langley Development. 5 6 3. 4. The Receiver is not required to post a bond at this time. The Receiver shall not be required to file with this Court the schedule of 7 creditors and assets of Langley Development as provided for by RCW 7 .60.090(2) and 8 RCW 7.60.090(3) until further order of the Court. 9 5. The Receiver shall not be required to send notice to creditors of Langley 10 Development until further order of the Court. 11 6. Unless and until otherwise ordered by the Court, the Receiver shall be a 12 general receiver with exclusive possession and control over the assets and the business of 13 Langley Development with the power, authority, and duty to preserve, protect, and 14 liquidate such assets during the pendency of this case. This authority includes, without 15 limitation, the authority to sell all of the real and personal property of Langley J 6 Development, to incur and pay when due (to the extent they accrue after the Receiver's 17 appointment) all expenses incurred by Langley Development in the ordinary course of 18 business, and to make such other payments that the Receiver determines in good faith are 19 necessary or beneficial to the winding down of Langley Development's business 20 operations and the liquidation of Langley Development's assets. The Receiver shall have 21 exclusive possession and control over all assets of Langley Development (subject to the 22 rights of secured creditors), with the power and authority to preserve, protect, and 23 liquidate those assets and to distribute the proceeds thereof to the party or parties legally 24 entitled thereto. 25 ORDER APPOINTING GENERAL RECEIVER-4 K:\2037501\00030\20347 _ DCN\2034 7P241 0 KIRKPATRJCK & WCKHART PRESTON GATES ELLIS LLP 925 FOURTH A VENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSlMILE: (206} 62J·7022 I 7. The Receiver hereby is vested with all powers afforded a receiver under the 2 laws of the State of Washington including, but not limited to, the power and authority to 3 do the following things: 4 (a) To incur expenses, and to use Langley Development's cash to pay 5 expenses, incidental to the Receiver's preservation and use of the property with respect to 6 which the appointment applies, and otherwise in the performance of the Receiver's duties, 7 including the power to pay obligations incurred prior to the Receiver's appointment if and 8 to the extent that payment is determined by the Receiver to be prudent in order to preserve 9 the value of property in the Receiver's possession and the funds used for this purpose are IO not subject to any lien or right of setoff in favor of a creditor who has not consented to the 11 payment and whose interest is not otherwise adequately protected; 12 (b) To do all things that Langley Development might do in the ordinary course 13 of the operation of its business as a going concern, or in the use of its property, including, 14 but not limited to, purchasing and selling goods or services in the ordinary course of such 15 business and incurring and paying expenses of the business in the ordinary course; 16 (c) To assert any rights, claims, or interests of Langley Development; to 17 maintain in the Receiver's name or in the name of Langley Development any action to 18 enforce any right, claim, or interests; and to intervene in actions in which Langley 19 Development is a party for the purpose of exercising the powers under this subsection; 20 (d) To intervene in any action in which a claim is asserted against Langley 21 Development for the purpose of prosecuting or defending the claim and requesting the 22 transfer of venue of the action to this Court; 23 (e) To assert rights, claims, or choses in action of the Receiver arising out of 24 transactions in which the Receiver is a participant; 25 ORDER APPOINTING GENERAL RECEIVER-5 K\2037501\00030\20347 _DCN\20347P2410 KfRKPATRICK& LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATfi.E, WASHINGTON 98104-1158 TELEPHONE· (206) 62J-7S80 FACSIMILE. (206} 623-7022 1 (f) To pursue in the name of the Receiver any claim under chapter 19.40 RCW 2 assertable by any creditor of Langley Development, if pursuit of the claim is determined 3 by the Receiver to be appropriate; 4 (g) To seek and obtain advice or instruction from the Court with respect to any 5 course of action with respect to which the Receiver is uncertain in the exercise of the 6 Receiver's powers, or the discharge of the Receiver's duties; 7 8 (h) (i) To obtain appraisals with respect to property in the hands of the Receiver; To sell all or substantially all of the assets of Langley Development as a 9 going concern, or as non-operating assets, with the Court's approval after notice and a 10 hearing; 11 G) To obtain unsecured credit and incur unsecured debt in the ordinary course 12 of business as an administrative expense of the Receiver without order of the Court; and 13 (k) To compel, by subpoena, any person to submit to an examination under 14 oath in the manner of a deposition in a civil case with respect to estate property or any 15 other matter that may affect the administration of the receivership. 16 (1) The Receiver shall not be required to file with the Court a monthly report 17 with respect to Langley Development's assets, operations, and financial affairs, until 18 otherwise ordered by the Court. 19 8. Subject to the qualifications contained in paragraph 10 of this order 20 regarding the employment of professionals, the Receiver in the performance of the 21 Receiver's duties may employ such persons or entities as the Receiver deems appropriate, 22 including current employees of Langley Development, in connection with the Receiver's 23 management and operation of Langley Development and its assets. All such persons or 24 entities shall be subject to the management and direction of the Receiver in connection 25 with their performance of any duties associated with such employment by the Receiver. ORDER APPOINTING GENERAL RECEIVER-6 K:\2037501\0003D\20347 _DCN\20347P2410 KIRKPAlRJCK & LOCKHART PRESTON GATES ELLIS LLP 92S FOURIB A VENUE SU1TE2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMil...E: (206) ~23-7022 I The Receiver shall be free at all times to terminate the employment of any such person or 2 entity pursuant to applicable law. 3 9. If the Receiver wishes to employ attorneys, accountants, or other 4 professionals that the Receiver believes to be necessary in connection with the proper 5 performance of the Receiver's duties hereunder, the Receiver shall file a motion seeking 6 the Court's approval of such employment pursuant to RCW 7.60.180. 7 10. The Receiver's compensation for the Receiver's services in this case shall 8 be based on the standard rate for Mr. Stacks. The billing rate for the Receiver is subject to 9 periodic review and adjustment. 10 11. The Receiver, and the Receiver's authorized attorneys and other 11 professionals, may request to be compensated on an interim or final basis. In support of 12 any such request, the applicant shall file an itemized billing statement with the Court 13 indicating the time spent, billing rates of all persons who performed work to be 14 compensated, and a detailed list of expenses incurred by the applicant for which 15 compensation is sought. The Receiver ( or attorney or other professional) shall serve 16 copies of such materials on any person or entity that has been joined as a party in this 17 action, and any person or entity requesting copies of pleadings and other materials filed in 18 this proceeding. Those materials shall be accompanied by a notice indicating that unless 19 objections to the proposed compensation are filed with the Court within 20 days, the 20 Receiver may make the payments requested in the compensation notice. If an objection is 21 filed to the proposed compensation, the Receiver or professional whose compensation is 22 affected may request the Court to hold a hearing on the objection on five days' notice to 23 each person or entity that filed an objection thereto. 24 12. The Receiver may not sell all or any portion of the assets of Langley 25 Development outside of the ordinary course of business without the Court's approval, ORDER APPOINTING GENERAL RECEIVER-7 K\2037501\00030\20347 _DCN\20347P2410 KlRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SlITTE 2900 SEATILE,WASHINGTON 98104-1158 TELEPHONE: (206)623-7580 F ACSIMil..,E: (206) 623-7022 1 after notice and a hearing, in accordance with RCW 7 .60.260. Such notice shall include a 2 description of the assets proposed to be sold, the price offered, and the proposed time of 3 closing of the sale. 4 13. The Receiver at any time may apply to the Court for further or other 5 instructions, for a modification of this Order, for further powers necessary to enable the 6 Receiver properly to perform its duties, for a termination of Perry A. Stacks' appointment 7 as receiver for Langley Development and its assets, or for other relief. 8 DONE 1N OPEN COURT this __ day of March, 2008. 9 10 11 JUDGE/COURT COMMISSIONER 12 Presented by: 13 LOCKHART PRES GA TES ELLIS LLP 14~- 15 ~:,...;::::;::::_~~~-=::::::::=--~- Michael J. Gearin, WSBA # 209s2 16 David C. Neu, wsBA#33I43 Jessica A. Skelton, WSBA #36748 17 Attorneys for Plaintiff Washington First International Bank 18 19 20 21 22 23 24 25 ORDER APPOINTING GENERAL RECEIVER-8 K:\2037501\00030\2034 7 _ DC N\20347P241 0 KIRKPATRICK & WCKHART PRESTON GA TES ELLIS LLP 925 FOURTH A VENUE SUITE.2900 SEATil..E, WASHINGTON 93104-1158 TELEPHONE: (206) 623-7580 FACSlMJLE· (206) 623-7022 1 2 3 4 EXHIBIT A Legal Description of Langley Development's Real Property Langley Ridge All of the plat of Langley Ridge at May Creek, recorded in Volume 246 of Plats, 5 pages 47-56, under King County, Washington, Auditor's no. 20080212000465. 6 Honey Brooke West 7 All of the plat of Honey Brooke West, recorded in Volume 246 of Plats, pages 87- 91, under King County, Washington, Auditor's no. 20080229000783. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER APPOINTING GENERAL RECEIVER· 9 K\2037501 \00030\20347 _ OCN\20347 P241 0 KIRKPATRICK & LOCKHART PRESTON GA TES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206}623-7SSO FACSIMILE: (206) 623-7022 • The Honorable Susan Craighead Hearing Date: March 28, 2008 With Oral Argument 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING 9 WASHING TON FIRST INTERNATIONAL BANK, a Washington 10 bank, 11 Plaintiff, 12 V. 13 LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation; 14 GERALD STUMP and JANE DOE STUMP, husband and wife, and the 15 marital community composed thereof, and C. THOMAS FOSTER and MARYL C. 16 FOSTER, husband and wife and the marital community composed thereof, 17 18 WASHING TON FIRST Defendants. 19 INTERNATIONAL BANK, a Washington bank, 20 21 22 Plaintiff, V. C. THOMAS FOSTER and MARYL 23 FOSTER, as individuals and in their marital community, 24 25 Defendants. DECLARATION OF PATRICK J. BURKE IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. -I KK:\2037501\00030\20347 _OCN\20347P241 Q Case No. 06-2-35218-1 SEA (LEAD CASE) DECLARATION OF PA TRICK J. BURKE IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF A GENERAL RECEIVER OVER LANGLEY DEVELOPMENT GROUP, INC. Case No. 06-2-35214-9 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) KIRKP ATRJCK & LOCKHART PRESTON GATES ELLIS LLP 92S FOURTH AVENUE SUITE 2900 SEAlTLE, WASHINGTON 9S104-ll58 TELEPHONE: (206) 623-7580 FACSIMILE· (206)623-7022 ' . 1 WASHINGTON FIRST 2 INTERNATIONAL BANK, a Washington Corporation, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Plaintiff, v. RAL DEVELOPMENT AND VENTURE COMPANY, a Washington general partnership; STURGUS LLC, a Washington limited liability company; THOMAS HOLLIDAY and KATHLEEN HOLLIDAY, husband and wife and the marital community thereof; C. THOMAS FOSTER and MARYL FOSTER, husband and wife and the marital community thereof; TERRANCE KOLBET AND CHRlSTlNE KOLBET, husband and wife; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, a Delaware corporation; 1 ST SECURITY BANK OF WASHINGTON, a Washington bank; GB HOME EQUITY, LLC, a Wisconsin limited liability company; LANGLEY VENTURE GROUP, INCORPORATED, a Washington corporation; MICHAEL DOOLEY AND LINDA DOOLEY, husband and wife, BAIMA & HOLMBERG, INCORPORATED, a Washington corporation, Defendants. Patrick J. Burke declares as follows: Case No. 07-2-02555-3 SEA (Consolidated Under Case No. 06-2-35218-1 SEA) 1. I am the Chief Credit Office for Washington First International Bank ("WFIB"). 2. In September, 2007, WFIB agreed to the terms of a stipulated order (the "Stipulated Order"), whereby WFIB forbore from certain collections actions against the defendants. The agreement was based upon representations by C. Thomas Foster that two development projects owned by Langley Development Group, Inc. ("Langley DECLARATION OF PATRICK J. BURKE IN SUPPORT OF PLAINTIFF'S MOTION FOR APPOINTMENT OF GENERAL RECEIVER FOR LANGLEY DEVELOPMENT GROUP, INC. · 2 KK:\2037 501 \00030\20347 _ DC N\20347P241 Q KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE. {206) 623-7580 FACSCMILE· (206)623-7022 Dc:vdopment"), known as ulangley Ridgell and HHone;: Brooke Wes1 1" were expecrnd tc.i 2 k sold in October. 2007, thereby giving the defendants the capital to pay-otl'theirdebt to 3 WF!B. 4 3. Attached 11.; Exhibit A is a copy 0£ a fiuancial stati:=ment provided by Mr. 5 Foster lo WFIB pur,uant to tlio Stipuluted Order, in which he d<ta;Is hi, beliofu to tho 6 \•alue of ea-Qh project aad the encumbrances against Lt. 7 4. Throughout this proceoding, Mr. Foster has represented to WFIB thot 8 Langley Ridge and Hone,y Brooke West were the solution lo hi~ money woes. He has 9 consistently represented both projects to be <m the (.~usp ofsetllng. 10 II 12 !3 14 15 16 17 !& 19 20 21 22 23 24 25 5. Over the pa..,;;t !;.evernl months, Mr, Fo.9tcr has foiled to provide any infom1ation on the status nf the closinga of Honey Brooke Vt'est tmd Langley Ridge and WFTB has been left to gather what information it could on the st11tw of Langley R.idge and Honey Brooke We8t from other 1cnder:=i with lie11s against the projects. The informl:!tion re.ceivcd has nnl b~t'.n encouraging. WFIB hat1 learned that Norris Homes has indicated th2t it intends. to back-out ofit!:l <>bligRtlon to purchase Langley Ridge. WFIB has been unable lO ascertain the. status of a closing on a sale of Honey Brooke We:it. l declare under penalty (>fperjury wider the law, of the Stote of Washington that the foregoi.ug i, lrue and conect to the best ofmy knowl~dge. rl EXECUTED ,his :I_ day of March 2008, at Seattle, Washington. DECLARATJON OF PA TRICK J. B\IRK~ IN SUPPORT OF f'LAlNTIFF'S 'MO'nON FOR APPOINTMENT OF OP.NEJlAl., itEGE[VER POR LANGLE.'/ D£VEL0PMF:.NT QROUri INC. -3 I0<::1:,0:p,;~1111)(wQ1c(II~? .t,e:•!•:W-1'~i"2~ 1Q ,/~] ·10 . ~-d~a;;QcJL_ ,, Patrick J, Burke Kl!tKl'},,'ITllC:K & UfC:K!IAN.T l'fl.!;S'n'Jn <lA'r1:ii r:u.1!; u.r ~l, re.. 'Rfl I ,\\i(;).\:,; ~l::r~ .. i~,i ~,:.>.'l"T'Lt, WA~Hl'«J~O'I ~~1:;;,1 \:,,I 'Tf.1.F."tK1'.'if;: (!!l'>),:,.,!.\.~fl<!> ac~1u1q, (lM)r,;;.~,\J2 0lc-d Z00/Z00d lEv-l Z0ZZ8ZS90Z Langley Development, Sturgus Ave. and Ryan Way Closings: 1. Benner SP Loan payable Timberland Bank 2""Deed Foster Trust Less: Sale Price $ 660,000 $ 409,000 $ 149,295· EM Rec. S Closing cost (2.11 %) S 10,000 13,948 15,000 62,757 10,000 Commission S (;ross S Bills payable est. S (fo contractors) Net $ 52,757 •pay interest or WFIB Judgment 2. Langley Ridge: Loan payable Frontier Bank Less: Sale Price $7,776,000 $4,999,000 Earnest money Rec. $ 200,000 Closing cost $ 248,000 Other costs est. $ 300,000 (to contractors) 2"' Deed of Trust S 550,000 Soundbuilt Homes Deed Frontier Bank S 750,000 Total SI, 798,000 Gross S 729,000 Foster Trust $ 364,500 Market Value Status SOLD Statos SOLD Est. Close 10-15-07 Est. Close Oct. 30, 07 House: $900,000 FOR SALE unknown Closing cost Est. 7% S 59,500 Loan payable $ 0 Gross $ 790,000 Foster Trust S 395,250• *POSSIBLE REFINANCE if not sold to apply to WFIB Judgment. <i. !:= co ~ • 3. Honey Brooke West Sale Price $9,750,000 Loan payable $7,003,000 Less: Earnest money Other cost (to contractors) Closing cost Total Gross Foster Trust Less Note to SMC Net 4.Ryan Way: Gross Proceeds Less Legal fees Net proceeds Add. Funds: S 200,000 $ 400,000 S 214,500 $ 774,500 · $1,932,SOQ S 966,250 -$ 500,000 $ 466,250 S 303,416.64 S 9,000.00 S 294,416.64 3"' Deed uslgnment $ Total to WF1B S 65,000.00 +- 359,414.00 +- 5. Langley Meadows:Sale Prlce Gross proceeds Loan payable est. Less: Closing cost Gross 6. Sturgus: $16,080,000 (est.) $10,400,000 $ 321,600 $ 5,358,400 Gross proceeds est. $2,290,000 Loan payable: Covenant Mortgage $1,425,000 Less: Selling cost Other cost Overage 211 d Deed Net profit S 160,300 $ 72,000 $ 125,000 $ 507,700 Status SOLD Est. close Nov.15, 07 Status Sept.15,07 Bankruptcy court Status For Sale Status For Sale Est. Close Aprll 2008 Est. Close Nov07 , Neturn A ddres.s City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 11111111 lllm 11111 I 20080229000785 CITY OF RENTON D 44.00 PAGE001 OF 003 02/29/2008 10:39 KING COUNTY, UA E2334822 02/29/2008 10:39 KING COUNTY, UA SATLA~ $10.00 • $0.00 PAGE001 OF 001 DEED OF DEDICATION Property Tax Parcel Number: 102. 3oS C/3'17 Project File#: it{ ,r-o 1 -Ob 7 --Ff-' Street Intersection: NE (.."t'-s{. aNl 1-/oqe,,,o'a ilueNf Rertrencc Number(s) of Documents assigned or released: Additional reference numbers are on page __ . " Grantor(s): Grantee(s): 1. J\/.c, f7n4,, F. a•,J T ~~ , LI. J....lwi€. I. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abb,teviated or full legal must go here. Additional legal on page ) Ac-p,, i?.-:-T'tl'Jl'I/ OF sw Y'/ c,F TffE s E. ?"~ SEC'..TLDI'( /('JI TW p :Z.3 ,V. 1 KG E. SE I W,111.. (.' rry t!>'F RENTOn/1 kt NG CouNry, tU ;fSH,/116-/(}J,,;_ The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. This dedication is required a,;; a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: G~j~ Mayor Denis Law Gk,~a,~ INDIVIDUAL FORM OF ACKNOWLEDGMENT STA TE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ~-Cl2-t'\~t<J f'. ~t-Jt Notary Seal must be within box -,,"J, n>-<K-\ A . LA,-> I:, signed this instrument and acknowledged it Wbe his/her/their free and voluntary act for the uses and pu'i-poses ....................... ._..,_..,....,~'1tioned in the instrument. --~~ . AA-- ... MIil!. ' .. ~~ I 2Ctll-ccNra-ry-;;P-cub""r"'Ic,-ii"nn\.-,n-,-ct""fo-r-:-thc-e-S"'t,-a:-te-o-,fc;W;-;as-;-h.,..in-g7to-n-----------j JJ 1 · #IIP..,....,..., ' N fary (Prinlt-' Af-1~1... ~ D'<'U'\ (,fyV'I\ " · appointment expires: 0,,-\ l S" 1 '1...c \\ --Dated: 1(11,!1.co'ji DEED.DOC Page I • EXHIBIT 'A' NORTHEAST 6TH STREET RIGHT-OF-WAY DEDICATION DESCRIPTION That portion of the Northwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., City of Renton, State of Washington, described as follows: Beginning at the Southwest corner of lot 2, King County Short Plat No. 777009, filed under King County Recording No. 7803070757; Thence North 00'09'48" East, along the West line of said lot 2, a distance of 7.00 feet; Thence South 88'20'37" East, a distance of 3.77 feet to the beginning of a curve to the left having a radius of 179 .. 00 feet; Thence along the arc of said curve, through a central angle of 19'31 '27", a distance of 61.00 feet to the beginning of a reverse curve to the right having a radius of 221.00 feet, the radial center of which bears South 17'52'04" East; Thence along the arc of said reverse curve, through a central angle of 19'31 '27", a distance of 75.31 feet to a line parallel with and 30.00 feet North of the South line of said lot 2; Thence South 88'20'37" East, along said parallel line, a distance of 162.72 feet to the Westerly Right-of-Way line of Hoquiam Avenue Northeast, also known as 142"d Avenue Southeast; Thence South 00'10'56" West along said Right-of-Way line, a distance of 30.01 feet to the Southeast corner of said lot 2; Thence North 88'20'37" West, along the South line of said lot 2, a distance of 30076 feet to the Point of Beginning. ' NORTHEAST 6TH STREET DEDICATION EXHIBIT MAP NW 1/4, NW 1/4, SW 1/4, SE 1/4 SECTION 10, T23N, R5E, W.M. I I ~---- 6-' ""' # .._<::l"V:" """'i. ~ "+"' r ~ i' I 130.00' 'w'I -, 1/) ~ Cl ~ -1 < ~ ...... w z -----__J ~I SCALE: 1 "~60' I I I ~ ~ ~'\ I #" I ,<>"' I I <( "'°' I I?>"' "'"' ,<:>"- ~- ~ ~ , . ~~--:::::=iaF"l_ ..... ~~~s~~o~~7D~Llll1~~~nr· ______ _,! N00'09 'i8 E /S8B~0'.37"E c-i 7.oo \ 3.77' ls PROPOSED 5 0 0 :Cj "' • _ c-, el NE 61H STREET ""-NBB~o·37·w 300.76' P.O.B. ~ (SW COR. LOT 2) r;'? 0 0 ~ ~ d .-, ,-"' 8 --"' {/f.$' P.O B POINT OF BEGINNING o,'i' ef CURVE TABLE WN TAX PARCEL NUMBER <!1-:,'f KCSP KING COUNTY SHORT PLAT ~-ct~&" f,,:;, ,f,,"' r;..<f~<!/ ~&· NO. DELTA C-1 19'31 '27" C-2 19'31'27" RADIUS LENG1H 179.00' 61.00' 221.00· 75.31' .. I 30.00' I ./ COPYRIGHT @ 2007, D.R. STRONG CONSUL TING ENG., INC. 10604 NE'. 38th PLACE. 5UliE 101 KIRKLAND, WA 98033 ENGINEERS • PLANNERS , SURVEYORS (425) 827-3063 ,-eo0-962-1402 FAX NO; ("25) B21-2423 1055 S. Grady Way 1111111111111111111111 20080229000784 Return Address: City Clerk's Office City of Renton Renton WA 98055 CITY OF RENTON COY 73.00 PAGE001 OF 032 02/29/2088 10:39 KING COUNTY, WA Pim• prin1 or 1ype 1nrormation WASHINGTON STATE RECORDER'S Cover Sheet (Rew 65 04) Document Title(s) (or transactions contained !herein): (all areas applicable to your document must be filled in) r. Co1t.e.Yl!l.t1 .f-2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'son page __ of documen1 Grantor(s) (Last name, fast J' initials) 1. 4Vt"r ,lh,e/of??le bn,,,±P 44'. 2. ' Additional names on page __ of document. Grantee(s) (Last name firs~ then first name and initials) , I. ~,:"C a::s± J.b,-,,eaw,t('AS; Ass.:,c.;f(. J>orr 2. ' Additional names on page __ of document. L,.al descrip2e,~-tbb/!~ted: 4-e. l;fij}l~e!'lat or sectio/!:l.}-8~, nnge) I. . r{ 2,, SE k, /-2 /:{,!/ " .S.: a 'Pl.: 'r, 1( <!. lf::J.t>(./8°' cJ :se.:i,,,>1 Id, ~-,p ~ I ,<'.., , r/W Cj'u• ~u r; S<V ~..,. r; $ ""'-<?,,1r7<"{ Tr,,,f-t:, S no,-, 'Pl,q /2-7 '/oSS I f!ec.7'-012.IO'f-(.] g_M Tr-aJ" fh f61t~ G•-t~ .-sJ,,,,-.../-?I,;_ /2..7f..~3S, £Le.... 76012/~f/(,·z Additional legal is on page __ of document. · Assessor's ~e~ Ta~rcel/Account N~mber· 0 Assessor Tax# not yet assigned /O:Z.305'1, ~ :23 07(!}, /o;2.3C.S J'"O; /O:Z..3nS"138:S /o;z.3oS'j'/;]$ , ; , I O ;z 3,.-,,;;: q o.-:>.{, ;o:z..,3059'17t,, /o:z.305Cj";1.9/ The Auditor/Recorder will rely on the infonnation provided on the form. The staff will not read the document to verify lhe accuracy or conmleteness of the indexin• infonnalion provided herein. .. I am requestmg an emergency nonstandard recordmg for an add1!1onal fee as proVIded m RCW 36.18.0 I 0. I understand that the recording processing requirements may cover up or otheiwise obscure some part of the text of the original document. /.) /) ,::1 ~ /),,. etfL . p (C:::'.· ~-----~5z~;,:;:fu:d22z:2-:::::::Ss;;:::;;:~~~~-;c~::....'.::~::_ _______ Signature ofRequestmg arty After Recording Return to: C. Thomas Foster 6450 South center Blvd. #106 Seattle, WA. 98188 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF SAGECREST DOCUMENT TITLE: COVENANT GRANTOR: LANGLEY DEVELOPMENT GROUP, INC. GRANTEE: SAGECREST HOMEOWNERS ASSOCIATION. LEGAL DESCRIPTION: ASSESSOR'S PARCEL NUMBERS - I DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF SAGECREST THIS DECLARATION is made on this 15th day of May, 2007, by Langley Development Group, Inc. a Washington Corporation, owners of the property being subjected to this Declaration. RECITALS A. Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meamngs: 1.1.1 "Association" shall mean SAGECREST Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 2 1.1.2 "BoatJ of Directors" or "Board" of the Assoc1u,10n shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 1.1.3 "Bylaws" shall refer to the Bylaws of the SAGECREST Homeowners Association. 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1. 7 "Declarant" shall mean and refer to Langley Development Group, Inc. and its successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of (i) five (5) years from the date of recording of this Declaration; or (ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the plat. 1.1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 3 1.1.11 "Mo .. bage" means any mortgage, deed of trus,, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. l .1.16 "Plat" shall mean and refer to the approved plat of Sagecrest contained therein recorded at Volume 2}jf,_, page og7 to () <j / under King County recording number 2.00~() ~:)...C, ooa7g3 1.1.17 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four ( 4) adults who arc legally unrelated. l .1.18 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.19 "Total Association Vote" means all of the votes attributable to members of the Association (including votes ofDeciarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property contained within the boundaries of the real property described as: 4 SEE EXHIBIT A ATTACHED HERETO Upon recording of the Plat, the property shall be known as: LOTS 1 THROUGH 50, INCLUSIVE, AND TRACTS A and B of Sagecrest and the Common Areas shall be: Tract A shall be a Stormwater Detention and Water Quality Tract that is owned and maintained by the Association and is subject to an easement to the City of Renton for access. The Association is responsible for the maintenance of all private storm drain and detention facilities within Tract A. Tract B shall be an open space tract to be owned and maintained by the Declarant, Langley Development Group, Inc., for future access or development. (Lot 51 is specifically excluded from this Declaration) ARTICLE 3 SAGECREST HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (I) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned. 5 3.4 Voting. Members shall be entitled to one ( l) vote for each Lot owned. When more than one (I) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (I) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (1) nor more than three (3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC, however the ACC shall include two members of the Board. The Declarant has named C. Thomas Foster, whose address is 6450 Southcenter Blvd., Suite 106, Seattle, Washington 98188 as the sole member of the ACC. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE 6 LIABLE IN DAMAGES", -.-1.NYONE SUBMITTING PLANS At ~PECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MIST AKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL ORF AILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bylaws, Rules aud Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this 7 Declaration, including, but .. ~t limited to, reasonable fines in accora~.1ce with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefore and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 Adoption of Budget. It shall be the duly of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 8 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten ( 10) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4. 7 .1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same mam1er as other liens for the improvement ofreal property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 9 4. 7.3 No L , ·.1er may waive or otherwise exempt hir,.,clf from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4. 7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas Exempt. assessments by the Association. The Common Areas shall be exempt from 4.12 Capitalization of Association. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by the first Owner to working capital of the Association in an amount equal to ______ _ Dollars ($ ). This amount shall be in addition to, not in lieu of, the annual assessment and shall not be considered advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and distributed there from to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws. 10 ARTICLES MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. 5.1.1 The Association shall be responsible for maintaining, repairing and replacing. 5 .1.1.1 The Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. 5.1.1.2 All stormwater detention and drainage facilities on Tract A as shown on the recorded plat. This shall include any landscaping, access roads, fences, gates, retaining structures, drainage components, sprinklers, splash pads, and any other appurtenances within the storm detention tract. 5.1.1.3 The plat entry monuments and entry landscaping and accompanying lighting and irrigation, if any. 5 .1.1.4 Landscaping, irrigation, fencing and other community improvements that have been or may be constructed in the future within a Common Area or other areas designated by the Board. 5.1.1.5 Any Landscaping and irrigation systems, if any, located within the public right of way located in the Community, except that which fronts or sides any individual lot. 5 .1.1.6 The mailbox stands. 5.1.2 If the streetlights are installed but not dedicated to the City of Renton and there is no procedure for billing individual Jot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. The ingress/egress easement on Lots 32, 33, 34, 36 and 37 as shown on the Plat shall be maintained by the Owners of Lots 32, 33, 34, 36 and 37 according to a separately recorded instrument. In the event the ingress/egress easement is not maintained by such Lot Owners, the Association shall have the right, but not the obligation, to maintain the property at such Lot Owners expense pursuant to the procedure in Section 5 .4 below. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such 11 maintenance, repair or rep!· ncnt at such Owner's sole cost and ex se, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. 5.4.1 Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-Wide Standard and this Declaration. The perimeter fencing, if any, shall be maintained and repaired, in uni form appearance, by the abutting lot owners. Owners of Lots 1-9 are advised that there is a tree retention area on the western portion of their lot as shown on the plat and such lot owners shall retain trees within this area as required by the City of Renton. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (I 0) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten ( I 0) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.4.2 Upon the recording of the Plat(s) the Common Area Tracts, unless otherwise noted by Declarant, will be granted and conveyed to the Association. Ownership and Maintenance of the Common Area(s) shall be the responsibility of the Association. In the event the Association is dissolved or otherwise fails to meet its property tax obligations as evidenced by non-payment of property taxes for a period of eighteen ( 18) months, then each lot in this Community shall assume and have an equal and undivided ownership interest in the Common Areas previously owned by the Association and shall have the attendant financial and maintenance responsibilities. 5.5 Conveyance of Common Areas by Declarant to Association. During the Development Period, the Declarant may transfer or convey The Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association accepted the conveyance and the Common Areas are now to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment 12 in favor of the Association auu every Owner, their heirs, successors a,,<.. assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 Further Restrictions on Common Areas. If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, or in Section 10. l below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of 13 the ACC pursuant to Sectio .• -.5 in approving or disapproving of any opecific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 2,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,600 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision maybe extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3 .4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3. 7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any Lot, construct or alter the drainage pattern initially installed and constructed Declarant or Residential Developer/Builder, or as established by the grading and natural course of surface and subsurface water run-off without first obtaining i) recommendations from a soils engineer or civil engineer, as appropriate, duly licensed by the State of Washington, ii) any and all necessary governmental approvals and permits and iii) written approval of the ACC, if any. 14 No Owner shall perform ani such work except in conformance with ,oe recommendations, plans and specifications of such engineer. 6.4 Existing Residences. (Lot 51 is specifically excluded from this Declaration). 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight ( 48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (I) or more 15 passenger vehicles, plus a c... .. 'eway for at least two (2) additional pa,aenger vehicles, unless approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6. 10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Commnnity shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 16 6.13 Unsightly o. Jnkempt Conditions. The pursuit of uvubies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No outside television or radio antenna, tower, satellite dish, microwave or exterior antenna or other device ( collectively "Antennas") with a diameter or diagonal measurement in excess of one meter shall be erected, constructed, placed or maintained upon any Lot or any portion of the Community unless screened from view from the street without the prior written consent of the ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit ofDeclarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street comers. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. 17 Any such division, bounda _ ne change, or re-platting shall not be 1.. !iolation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting. No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Vegetation, Exterior Sculpture, aud Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the U.S. Postal Service or ACC. Mailboxes shall be attached only to stands provided and maintained by the US Postal Service or the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are pem1issible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities ofDeclarant or any builder or developer approved by Declarant. 18 ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7. I. I The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7 .1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, ifreasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7 .1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7 .1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together. 19 7.2 Policy Reg emcnts. All such insurance coverage ournined by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7 .2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7 .2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction -Insured by Association. 7.5.l Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost ofrepair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior lo the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building 20 codes. The Board of Direc.v." shall have the enforcement powers spw1fied in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost ofrepair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris there from within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. 21 ARTICLE 8 CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; 22 dissolution of the Associati<.,,,, and material amendment of the Declai",1on, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: I 0.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; I 0. 1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; I 0. 1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and I 0. I. 1.4 The right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by 23 the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. I 0.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. I 0.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum ofinterfercnce to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. If Declarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 24 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles oflncorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The City of 25 Renton shall have any and all authority to enforce this Declaration with respect to the maintenance required in Section 5.1, including but not limited to the maintenance of the stormwater detention and drainage facilities, wetland tract, and private streets as shown on the plat. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods often (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (I 0) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3. I This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. 26 11.3.2 Notwithstanding the above, this Declaration shall not be amended with respect to the maintenance requirements for the stormwater detention and drainage facilities, wetland tract, or private roads as shown on the plat without prior written approval from the City of Renton. 11.3.3 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners ofat least seventy-five percent (75%) of the Total Association Vote and the consent ofDeclarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 11. 7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or void able for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which 27 such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association ( except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles oflncorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least arumally, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval ofDeclarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 28 11.14 Implied RL .... s. The Association may exercise any r,,,.,t or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED this /C. f:i. day of ~ //ud cif' , 200~ DECLARANT: Langley Development Group, Inc. 29 State of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that C. Thomas Foster is the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. 30 EXHIBIT A Legal Description LOTS 1 THROUGH 50, INCLUSIVE AND TRACTS A AND B OF THE PLAT HONEY BROOKE WEST AKA SAGECREST. 31 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM December 7, 2007 Bob Mac Onie Sonja Fesser, Technical Services Amela Henninger, X7298 .AA f HONEY BROOKE WEST (AKA SAGECREST) FINAL PLAT LUA 07-067FP FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Approval: cc: Yellow File Name Title Date itle Date I-Jc::tfE A-pf"l=\CNAL I'!> eiL>15..J 1:':C.T 're> ~ A. ""rr A.CHE't:> ME/.1CI, • .. DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM November 29, 2007 Ameta Henninger SonjaJ. Fesser ~ Honey Brooke West Plat (Sagecrest), LUA-07-067-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Show the addresses for Lot 51, 501 Hoquiam Ave NE Q!. 5018 NE 5TH STREET, depending on the orientation of the house, (Sheet 5 of 5). The dimension of the arc of the curve shown along the north line of Lot 31, is not shown on the plat drawing (Sheet 5 of 5). It is suggested that the indexing information noted at the end of the legal descriptions for "Parcel G" and "Parcel I" (beginning with "ALL IN") should be moved to the first line of said legal descriptions, and inserted right after "SOUTHEAST QUARTER". Change "ALL IN" to OF. Insert the word QUARTER directly after "SOUTHEAST", but before the "EXCEPT" portion of the legal description for "PARCEL D" (Sheet 2 of 5). Substitute RENTON CITY COUNCIL in the space currently noted as "KING COUNTY COUNCIL" under the "RECORDING CERTIFICATE" block on Sheet I of 5. If the subject plat is not recorded before the end of the year, change the "year" references (2007) to 2008 (Sheet I of 5). Comments regarding the latest Deed of Dedication document: • The ending noted for the "Project File#" on Page I is incorrect. "EP" is shown, but fP is the correct designation. \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-10 -Pla!s\0432\RV07 I 203.Joc .. December 7, 2007 Page 2 • If the city's "Exhibit A" and "Map Exhibit" pages are not to be used for recording purposes (currently shown blank), then remove them from the deed document submittal. • The page noted as Exhibit 'A' should not be a "FAXED" copy of the legal description. Nothing is to be noted in the 1" margins around said legal description page (per King County recording requirements). Comments for the Project Manager: Remember to include in the recording instructions that the plat name, volume number, page numbers and recording number should be inserted in the spaces already provided under "ARTICLE I, 1.1.16 (DEFINITIONS) of the CC&Rs document. H:\File Sys\LND -Land Subdivision & Surveying Records\LND-lO -Plats\0432\RV07 l203.doc\cor DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM October 16, 2007 Sonja Amela H. X7298 A~ HONEY BROOK WEST FINAL PLAT The engineer has resubmitted the attached plans, and response letter on the above plat. Please review and comment. Also attached and hand delivered are the Monument Cards. If you have any questions please call me. Thank you! Cc: Kayren K. I:\memo.doc\cor To: From: Date: Subject: CITY ~ RENTON Office of the City Attorney Kathy Keolkcr, Mayor Lawrence J. Warren MEMORANDUM Arneta Henninger; Kayren Kittrick; Neil Watts Lawrence J. Warren, City Attorney October 31, 2007 Resolution re Honey Brooke West Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Arthur The final of the above resolution has been forwarded to the city clerk and a copy is attached. ch Enc. cc: Bonnie Walton Lawrence J. Warren _P_o_s_t O-ffi-,-ce_B_o_x_6_2_6_--R-en-to_n_, -W-a-sh_in_g_to_n_9_8_0_57---(-42_5_)_2_55--8-6_7_8_/F_A_X_( 4_2_5_) 2-5-5--5-4 7-4-~ @ This paper contains 50% recycled malenal, 30% post consurner AHEAD OF THE CTJI\VL Printed: 02-25-2008 Payment Made: ~TTY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07 -067 Receipt Number: R0800868 Total Payment: 02/25/2008 01 :50 PM 43,806.68 Payee: LANGLEY DEVELOPMENT Current Payment Made to the Following Items: Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5045 304.000.00.345.85 Fire Mitigation-SFR Payments made for this receipt Trans Payment Method Check Account Balances Trans Account Code Description #1725 Description 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5045 304.000.00.345.85 Fire Mitigation-SFR 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 Amount 43,806.68 Amount 22,822.68 20,984.00 Balance Due .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ' Planning/I ing/PublicWorks Department Gregg Zimmerman P.E., Administrator CITY CLERK September 12, 2007 CITY OF RENTON SEP I 3 2007 RECEIVED CITY CLERK'S OFFICE TO WHOM IT MAY CONCERN: Subject: Please see attached new plats that have just been addressed. Please add these addresses to your City directones and maps. Amanda Court Short Plat Blakey ·1 ownhomes Short Plat Chen Short Plat Garden of Eden LL/\ Honey Brooke West/Sagecrest Plat Langley Ridge Plat Ng Shari Plat Rainier Station LI .A Jan Conklin Energy Plans Examiner Development Services Di vision Telephone: 425-430-7276 #1:platadd Barbee Mill Plat Bretzke Rogers Lotline adJustment Conner Puget Colony Short Plat 2 Highlands Park Plat Houvener Short Plat Brcwis/Meadow Ave Short Plat Puget Colony I Short Plat Renton Prop Short Plat I 055 South Grady Way -Renton, Washington 98057 ; ll I a • " QTY OF RENTON FTLE NO. WA-05-055 HONEY BROOKE WEST AKA SAGECREST IVOl/PG A POITT10ll OF 1HE SW V4 OF lHE SE 1/4, SECTION 10, lWP. 23 N., RGE. 5 E. W.M. CIT'i OF RENTON, KING c;ouNri, WASH/N<lTON CITY OF RENTON, WASHINGTON RESOLUTION NO 3913 ~~~~~~ A RESOLUTION OF THE CITY OF RENTON, APPROVING FINAL PLAT (HONEY BROOKE SAGECREST) FINAL PLAT; FILE NO. LUA-07-067FP). WASHINGTON, WEST (AKA WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS SECTION I. SECTION II. The above findings are true and correct in all respects. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTIONNO. 3913 (The ,P.roperty, consisting of approximately 8.33 acres, is located in the vicinity of NE 6 'Street and Hoquiam Avenue NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated October 25, 2007. PASSEDBYTHECITYCOUNCILthis 5th dayof November 2007. Bonnie L Walton, City Clerk APPROVED BY THE MAYOR this 5th day of November October, 2007. A ved as to form: ~ ~~ Lawrence J. Warren, City Attorney RES.1305:01/29/07:ch 2 .. ' A ' RESOLUTION NO. 3913 EXHIBIT 'A' LEGAL DESCRIPTION OF UNDERLYING PROPERTY (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 4261-649439 DATED JANUARY 9, 2007) PARCEL A: LOT 2 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER KING COUNTY RECORDING NO. 8206180434, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 11 FEET OF THE NORTH 80 FEET. PARCELS: THE NORTH 97.39 FEET OF THE EASTERLY 206.0l FEET, AS MEASURED ALONG THE NORTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET FOR COUNTY ROAD; TOGETHER WITH THE EAST 11 FEET OF THE NORTH 80 FEET OF LOT 2 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER KING COUNTY RECORDING NO. 8206180434, IN KING COUNTY, WASHINGTON. PARCELC: THE WEST HALF OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; TOGETHER WITH THE WEST 25 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; EXCEPT THE NORTH 90 FEET THEREOF. PARCELD: THOSE PORTIONS OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: THE WEST 25 FEET OF THE NORTH 90 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST Honey Brooke West City of Renton RESOLUTION NO. 3913 QUARTER; AND THE NORTH 90 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST; EXCEPT THE WEST 25 FEET THEREOF. PARCELE: A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88°20'43"WEST, ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 30.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE A DISTANCE OF 275.61 FEET TO THE EAST LINE OF THE WEST 25 FEET OF SAID SUBDIVISION; THENCE SOUTH 0°10'02"WEST, ALONG SAID EAST LINE A DISTANCE OF 329.43 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTH 88°20'52" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 275.51 FEET TO THE WEST LINE OF THE EAST 30 FEET OF SAID SUBDIVISION; THENCE NORTH 0°11'06" EAST, ALONG SAID WEST LINE, A DISTANCE OF 30.01 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 100.03 FEET; THENCE NORTH 0°11'06" EAST A DISTANCE OF 99.03 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 82.49 FEET; THENCE SOUTH 0°10'02" WEST A DISTANCE OF 99.03 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 73.02 FEET TO THE EAST LINE OF THE WEST 45 FEET OF SAID SUBDIVISION; THENCE NORTH 0010'02" EAST, ALONG SAID EAST LINE, A DISTANCE OF 177.38 FEET TO THE SOUTH LINE OF THE NORTH 122 FEET OF SAID SUBDIVISION; THENCE SOUTH 88°20'43" EAST, ALONG SAID SOUTH LINE A DISTANCE OF 255.56 FEET TO THE WEST LINE OF THE EAST 30 FEET OF SAID SUBDIVISION; THENCE NORTH 0°11'06" EAST, ALONG SAID WEST LINE, A DISTANCE OF 122.04 FEET TO THE TRUE POINT OF BEGINNING. PARCELF: LOT I OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER RECORDING NO. 8206180434, RECORDS OF KING COUNTY, WASHINGTON, SAID LOT BEING FURTHER DESCRIBED AS FOLLOWS: PARCEL I: THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL 2: THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, Honey Brooke West City of Renton ' • RESOLUTION NO. 3913 W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 67 FEET THEREOF, AND EXCEPT THE EAST 30 FEET AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 3065639, IN KING COUNTY, WASHINGTON. PARCELG: THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 230 FEET THEREOF; ALSO EXCEPT THE WEST 25 FEET THEREOF; TOGETHER WITH THE WEST 10 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 230 FEET THEREOF; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON. PARCELH: TRACT B OF SHORT PLAT NO. 1274035, ACCORDING TO THE SHORT PLAT SURVEY RECORDED UNDER RECORDING NO. 7601130712 AND CORRECTED UNDER RECORDING NO. 7601210467, IN KING COUNTY, WASHINGTON. PARCEL I: THE SOUTH 140 FEET OF THE NORTH 230 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE WEST 25 FEET THEREOF, AND THE WEST 25 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 90 FEET AND EXCEPT THAT PORTION OF THE WEST 10 FEET LYING SOUTH OF THE NORTH 230 FEET OF SAID SUBDIVISION; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCELJ: TRACT A, KING COUNTY SHORT PLAT NO. 1274035, RECORDED UNDER RECORDING NO. 7601210467, BEING A CORRECTION OF SHORT PLAT RECORDED UNDER RECORDING NO. 7601130712, IN KING COUNTY, WASHINGTON. Honey Brooke \Vest City of Renton j N ' .... f-----1 z '---'~ RESOLUTION NO. 3913 r-r-r++-ir-r--.-JL,-___j NE 4TH PL ~ '-- I~ I I NE 5TH ST ~-- M:\05\2U\plc,ts\l\01-lW!i286.d"ll t/4/2007 1tlc!i·"19 ...W PDT COPYIIICHT ©2005, cut SlROl"'(l. CONSUll"tlG [UGltlEIRS 11'4C. HONEY BROOKE WEST NEIGHBORHOOD DETAIL MAP 1" = 200' .. r~J~~~N~INEERS _,.l'l,»,HERIS~ ........ ,..,"'-"Z.osum:10, -..Kl.¥tllHCa> ---:,.=::""'"'' -- • RESOLUTION NO. 3913 VOL/l'G HONEY BROOKE WEST AKA SAGECREST A POA110N JO' ~I~~ CC•.'~rf g ~re NO e~6~~i.,~!E~<'~!:aJ2Jo;Js \ .~8BL0'3T'II : .,~ • 51.t.>2' OF THE SW 1/4 OF THE SE 1/4, SECTION 10, TWP. 23 N., ROE. 5 E., WM. CITY OF RENTON, KING COUNTY, WASHINGTON JD' PUCEl SCJND E;N£RCY EASEMDH Ri'C ND. 6Jll02Q763 rfo'ffiitl.STME:Nl -----,:--~---·-- I 0 ER SHORT Pl/IT~ ---JO" IW EASEt.!EI./T ---------.-----I ~(:. MO. 82051B043~~ ,.,;e.l5' R"C MO 8'.IQ4Q9028.l O d .-i("4 oooo· ..Ea~o ___ !&P_ J':it•)i-<Q,ij ---- ., 8 ' 0 < ,, g 5183 SQ.fl. I, " 3 (56/,'• I::,"' I ~ ~ <5(11) SQFT. '' 9: C'J" i· IS"C·RIVH[-, i)<>'N i:5!<": 5 45(1Q SOFT 6 152Jj 450C SC FT 7 (,:,;., 8 <500 SC Cf ,oca i·' I w, z ~I ~i ~i 9 i)J'.,) •5CJ SQ.F , "I : 1' 21 ~o o,; G' UTIL lr ~--- r;smENT :nl') ABBREViA110NS: Af"N ALJ~TOR'SfllE t;UMEIER C/L ... ,CENTERLINE lS .... LICENSED SIJR~YOR NTS ... NOT TO SCALE R/W ........ R,GHT Of WAY W.M ..... \IILLAMET!'i' MERlOIAN t l(ll ..... .INGRESS. EGRESS AND ununES P S.P.&:L. PUGET SOUND ENERGY CITY OF RENTON FILE NO. LUA-07-067-FP FILE NO. um-10-04J2 • 18 ! I I 45CO SO.Ff S89~t'20"l (564) 16 4500 SQ."1 9000" (558) l .'") •soc S<l" __ ~a9·51 2a·E 90Q•; 0\ ! :551) 1 L ,.s;,o S·:l."1 ·i ' ' sa,·sno·r. 9~00· •',' PR,Hlf CPAIS EW'r SB9"5;'20"[ so.oo· s,oo ;o rr PRIVATE ACCESS EASEMENT ,~, PRi;srr AOCE5S. ~Tll..lrV ~NO ORAIN•GE r;SC>,ICNT SH0"'1'J OH ,ors Jl. J2 Alm JJ IS TO TtlE 8ENCFI' OF THE O""ERS ~ LOTS .J2. .JJ ~NO ~< SI\ID OWHER5 I\R[ IIERESY R[Sl'OOSIBLf FOR rnE tJA'Nlc~AHCE OF 11-EIR RES1'EC11V1' PRIVATE UTILITY ANU STOW ~HINACt F/>.Cl'JllES »W SHALL Sl<ASE CltlAllY IN lliE >,1-'JNTI:HI\NCE ~L5PO~SISILl11E5 Of lHE PR>YAff UTILITY, STORtJ OR-'.IN!\GE /\NO I\CCF:SS FACl'.111ES USEO ,N COIJtJDI< "THIN SA:o EASEMENT ACCESS NOTE A PF"~PETJAL CONSTRUCTION MD MAINTENAI<CE ACCESS TO 8ENE"l fHC OWl'iE~(S) or LOT ~1 OEPlCffO Hf:RFON THE FOLLO\\l~G PR0\'15'0N$ AR< HER[BY tJ<-OEc ACCESS '11L, SE PROVIDED THRCUGH fHC 2'>-FOOT IHGRESS/ECRESS EI\SlctJ<NT ACRCSS COTS J2 ,I: " ANO lHE \~-rO~T SANn'.llY SEWER ANO (:0NSTRUC110t+ ACCESS US!MENT ACROSS ,or .J4. A5 OEPICTW ~ERE(l'; I :,. 0 40 ~ it 45JO 50 FT <5JO san GRAPHIC SCALE 20 40 00 1 NCII :40 ~EGENO SET 2"8RASS CAP r.,C)NLIMr.s! iN .;. ~Vi, 41 5/8" R!c~AH A~D C>> "ARKcD ".18015" SET ,r ~LL LO CORK(RS NU ARE~ -,arA LESS Accrss East:~E~T 45JO SQf"T ' ' ' ti, SJ n· 1-~'"S·<'°L' __ j 61 20· S8B"l0"45"'[ ,0,.c.c.,c. ~=- ' ,, ffl5lil D.R. STRONG ~ CONSUL TING ENGINEERS ENGINEERS PLANNERS SURVEYORS 1'~~ Nt:;a<' aL',r:.,;, SUrrE 101 K>RKLAND, ""'""°'l !2',!,:'7J06JQFFICS e:,,_911214()1TQLLf?.CC '1}1127?'2SfM """"""""'= JOB NO 05-286 SHEET 5 Of 5 w w ~I Is; I < el ' £1 " I -~ -4 -~ J z' w, ~ ZI WI '~, ,< 3 D r I i November 5, 2007 Communitv Services Committee Appointment: Library Board RESOLUTIONS AND ORDINANCES Resolution #3913 Plat: Honey Brooke West. NE 6th St, FP-07-067 Resolution #3914 Police: Community Corrections Officer at City Hall, WA State Corrections Resolution #3915 Annexation: Benson Hill Communities, S 200th St & 128th Ave SE Finance: Impact Fees, Issaquah and Kent School Districts Annexation: Merritt 11, SE May Valley Rd & Coal Creek Parkway Ordinance #5314 Utility: Capital Expenditures Funding, Budget Amend Renton City Council Minutes Page 386 Community Services Committee Chair Corman presented a report recommending concurrence in Mayor Keolker's appointment of Catherine Ploue-Smith for a five-year term ( expiring 6/1/2012) to the Library Board. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolutions were presented for reading and adoption: IA resolution was read approving the Honey Brooke West Final Plat (aka / Sagecrest) consisting of 8.33 acres located in the vicinity of NE 6th St. and , Hoquiam Ave. NE. MOVED BY BRIERE, SECONDED BY CLAWSON, I COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read authorizing the Mayor, or her designee, to enter into an interlocal agreement with the Washington State Department ofConections to provide office space and services for a Community Corrections Officer. MOVED BYLAW, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal agreement between the City of Renton and King County relating to the annexation of the Benson Hill Communities Annexation area. MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 11/19/2007 for second and final reading: An ordinance was read adopting the 2007 Issaquah School District Capital l'acilities Plan, adopting the 2007-2008 to 2012-2013 Kent School District Capital Facilities Plan, changing the impact fee collection on behalf of the school districts within the City of Renton from S6J36 per new single-family home to $6,021 per new single-family home in the Issaquah School District, changing the impact fee collection on behalf of the Kent School District from S4,928 per new single-family home to $5,110, and implementing an impact fee of$3,146 per new multi-family unit in the Kent School District. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/19/2007. CARRIED. An ordinance was read amending Ordinance 5142 by changing the timing for effectuating Phase 11 of the Menitt I! Annexation to the City of Renton to 4/30/2008, or 30 days after awarding the contract for road improvements along Duvall Ave. NE, whichever comes first. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/19/2007. CARRIED. The following ordinance was presented for second and final reading and adoption: An ordinance was read amending the 2007 Budget by transferring funds in the amount of$3,173,000 from the 2006 year-end fund balance for the purpose of funding capital expenditures by water, wastewater, and surface water utilities. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRIED. November 5, 2007 Citizen Comment: Wagner - 2007 Comprehensive Plan Amendments Citizen Comment: McOmber - Highlands Community Association CONSENT AGENDA Council Meeting Minutes of I 0122/2007 Appointment: Municipal Arts Commission AJLS: Benson Hill Communities Annexation, Budget Amend Court Case: AcuWings, CRT- 07-012 Court Case: Pro-Flight Aviation, CRT-07-013 Community Services: Maplewood Golf Course Fees Plat: Honey Brooke West, NE 6th St, FP-07-~_67 __ Renton City Council Minutes Page 383 Christopher Wagner (King County), who is a resident of Huntington Heights Condominium (SE 176th St.) in the Benson Hill Communities Annexation area, opposed the commercial prezoning of the Village Chapel property located at 17418 108th Way SE (2007 Comprehensive Plan Amendment 2007-M-06). He expressed his fear that the commercial zoning designation will disrupt the peacefulness of the neighborhood, especially if the church sells the property. Listing reasons why the proposed commercial zoning does not meet Comprehensive Plan policy criteria, Mr. Wagner indicated that a Residential Medium Density land use designation is the only appropriate designation for any parcel located on 108th Way SE. Howard McOmber (Renton) expressed appreciation for the City's help in improving the Highlands area, and commented that he is grateful the declaration of blight was not used. Mr. McOmber invited everyone to attend the Highlands Community Association's Emergency Preparedness Workshop, which will be held on November 14 at the Highlands Neighborhood Center. Noting that the Highlands is one of the more vulnerable areas in the City due to the diversity of the residents, he voiced his hope that this workshop is the first of many to come. Items on the consent agenda are adopted by one motion which follows the listing. At the request ofCouncilmcmber Persson, item 9.i. was removed for separate consideration. Approval of Council meeting minutes of October 22, 2007. Council concur. Mayor Keolker appointed Dalia Amin to the Municipal Arts Commission (youth position) to fill the unexpired term previously held by Renne Saling (term to expire 12/31/2007). Refer to Community Services Committee. Administrative, Judicial and Legal Services Department recommended adoption of an ordinance amending the 2007 Budget to recruit, hire, train personnel, and purchase equipment, conditioned upon an affirmative vote for the Benson Hill Communities Annexation on I I /6/2007 and acceptance by City Council. Refer to Committee of the Whole. Complaint filed under 14 CFR Part 16 by AcuWings LLC, represented by Law Offices of Douglas N. Owens, with the Federal Aviation Administration for alleged noncompliance with grant assurances, violation of property acquisition terms, and discriminatory leasing conditions. Refer to City Attorney and Insurance Services. Complaint filed under 14 CFR Part 16 by Pro-Flight Aviation, Inc., represented by Jump Law Group, with the Federal Aviation Administration for alleged economic discriminatory actions and violation of grant assurances. Refer to City Attorney and Insurance Services. Community Services Department recommended adoption of an ordinance increasing the golf course green fees and adding a driving range fee for 2008. Refer to Committee of the Whole. Development Services Division recommended approval of the Honey Brooke West Final Plat (aka Sagecrest); 51 single-family lots on 8.33 acres located in the vicinity of NE 6th St. and Hoquiam Ave. NE. Council concur. (See page 386 for resolution.) CITY OF RENTON COUNCIL AGENDA BILL I A!#, Submitting Data: Planning/Building/Public Works For Agenda of: November 5, 2007 Dept/Div/Board .. Development Services Division Staff Contact.. .... Arneta Henninger X7298 Agenda Status Consent. ............. X Subject: Public Hearing .. Honey Brooke West (A.K.A. Sagecrest) Final Plat Correspondence .. Ordinance ............. File No.: LUA 07-067FP (Preliminary Plat LUA 05-Resolution ............ X 055) Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description Study Sessions ...... 2. Staff report and Recommendation Oct. 25, 2007 Information ......... Recommended Action: Approvals: Council concur Legal Dept. ........ X Finance Dept.. ... . Other. ............. . Fiscal Impact: NIA Expenditure Required .. . Transfer/ Amendment. ..... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project.. SUMMARY OF ACTION: This final plat subdivides 8.33 acres into 51 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved and accepted or deferred (and a security device posted) as required through the Development Services Director prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Honey Brooke West (A.K.A. Sagecrest) Final Plat, LUA 07-067FP, with the following condition and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. CITY OF RENTON, WASHINGTON RESOLUTION NO. -----~ A RESOLUTION OF THE CITY OF RENTON, APPROVING FINAL PLAT (HONEY BROOKE SAGECREST) FINAL PLAT; FILE NO. LUA-07-067FP). WASHINGTON, WEST (AKA WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION II. The above findings are true and correct in all respects. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth I RESOLUTION NO. __ _ (The J;roperty, consisting of approximately 8.33 acres, is located in the vicinity of NE 6 Street and Hoquiam Avenue NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated October 25, 2007. PASSED BY THE CITY COUNCIL this __ day of _____ ___, 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this __ day of~ _____ October, 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J Warren, City Attorney RES.1305:01/29/07:ch 2 EXHIBIT 'A' LEGAL DESCRIPTION OF UNDERLYING PROPERTY (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 4261-649439 DATED JANUARY 9, 2007) PARCEL A: LOT 2 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER KING COUNTY RECORDING NO. 8206180434, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 11 FEET OF THE NORTH 80 FEET. PARCEL 8: THE NORTH 97.39 FEET OF THE EASTERLY 206.01 FEET, AS MEASURED ALONG THE NORTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET FOR COUNTY ROAD; TOGETHER WITH THE EAST 11 FEET OF THE NORTH 80 FEET OF LOT 2 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 lJNDER KING COUNTY RECORDING NO. 8206180434, IN KING COUNTY, WASHINGTON. PARCELC: THE WEST HALF OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; TOGETHER WITH THE WEST 25 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; EXCEPT THE NORTH 90 FEET THEREOF. PARCELD: THOSE PORTIONS OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COlJNTY WASHINGTON, DESCRIBED AS FOLLOWS: THE WEST 25 FEET OF THE NORTH 90 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST Honey Brooke Wes! City of Renton QUARTER; AND THE NORTH 90 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST; EXCEPT THE WEST 25 FEET THEREOF. PARCELE: A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88°20'43"WEST, ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 30.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE A DISTANCE OF 275.61 FEET TO THE EAST LINE OF THE WEST 25 FEET OF SAID SUBDIVISION; THENCE SOUTH 0°10'02"WEST, ALONG SAID EAST LINE A DISTANCE OF 329.43 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTH 88°20'52" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 275.51 FEET TO THE WEST LINE OF THE EAST 30 FEET OF SAID SUBDIVISION; THENCE NORTH 0°11'06" EAST, ALONG SAID WEST LINE, A DISTANCE OF 30.01 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 100.03 FEET; THENCE NORTH 0°11'06" EAST A DISTANCE OF 99.03 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 82.49 FEET; THENCE SOUTH 0°10'02" WEST A DISTANCE OF 99.03 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 73.02 FEET TO THE EAST LINE OF THE WEST 45 FEET OF SAID SUBDIVISION; THENCE NORTH 0°10'02" EAST, ALONG SAID EAST LINE, A DISTANCE OF 177.38 FEET TO THE SOUTH LINE OF THE NORTH 122 FEET OF SAID SUBDIVISION; THENCE SOUTH 88°20'43" EAST, ALONG SAID SOUTH LINE A DISTANCE OF 255.56 FEET TO THE WEST LINE OF THE EAST 30 FEET OF SAID SUBDIVISION; THENCE NORTH 0°11'06" EAST, ALONG SAID WEST LINE, A DISTANCE OF 122.04 FEET TO THE TRUE POINT OF BEGINNING. PARCELF: LOT 1 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER RECORDING NO. 8206180434, RECORDS OF KING COUNTY, WASHINGTON, SAID LOT BEING FURTHER DESCRIBED AS FOLLOWS: PARCEL I: THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL 2: THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, Honey Brooke West City of Renton W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 67 FEET THEREOF, AND EXCEPT THE EAST 30 FEET AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 3065639, IN KING COUNTY, WASHINGTON. PARCELG: THE EAST HALF OF THE SOUTHi:VEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 230 FEET THEREOF; ALSO EXCEPT THE WEST 25 FEET THEREOF; TOGETHER WITH THE WEST 10 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 230 FEET THEREOF; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON. PARCEL I-I: TRACT B OF SHORT PLAT NO. 1274035, ACCORDING TO THE SHORT PLAT SURVEY RECORDED UNDER RECORDING NO. 7601130712 AND CORRECTED UNDER RECORDING NO. 7601210467, IN KING COUNTY, WASHINGTON. PARCEL I: THE SOUTH 140 FEET OF THE NORTH 230 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE WEST 25 FEET THEREOF, AND THE WEST 25 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 90 FEET AND EXCEPT THAT PORTION OF THE WEST 10 FEET LYING SOUTH OF THE NORTH 230 FEET OF SAID SUBDIVISION; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCELJ: TRACT A, KING COUNTY SHORT PLAT NO. 1274035, RECORDED UNDER RECORDING NO. 7601210467, BEING A CORRECTION OF SHORT PLAT RECORDED UNDER RECORDING NO. 7601130712, IN KING COUNTY, WASHINGTON. I loney Brooke West City of Renton j N ' ~ ~ I ,~ ---NE 5TH ST .., 1--~z ..J '---'IL r-.-r-1Hh---.-~..L...-- NE 4TH PL HONEY BROOKE WEST NEIGHBORHOOD DETAIL MAP 1" = 200' t.l:\CIS\l8S\plotoV\OI-Jl'-l5.2B6.11w<j 6/4/20-07 10:!>-4:19 ""-POT COPYRIG•n @ 2005, D.R. SlROHG C0NS1JL11HC ENGINIIRS IMC. ·-11a-""""",...,.,..101 ...........,_.,._...,, ......,,__,~ ......,_...,Tl)Unlff 41..121.2<»'"' - VOL/l'G HONEY BROOKE WEST AKA SAGECREST A PORTION OF THE SW 1/4 OF THE SE 1/4, SECTION 10, TWP. 23 N., ROE. 5 E, W.M. CITY OF RENTON, KINCl COUNTY, WASHINGTON ;)(). K!NG COUNT'" ~EC. NC a~ri~~~o~~~~<m:1,09J~ 51 05 '~ I I 1-s"o• lfit E.i:sEMEiiJ --- 3a· PUGET SOUl-!Il I r£R SHCRT PLAT -~~E~ ~ 1 Rit:/ i~lol,l!o~~J REC. NO 8W61004J~ m:c. ~o. B2il40~D2a~ N88'20'37"W ---...§00"20.Jr"E ~ --!~1.P_ ---- I -\-l~90J) -~~ " ".;, '-10 unLITY ~.;, '-' ~ f;..~~~E~T (TYi') f~~, ' 1 ,,aJ so.> r. 11 "' (5?;j I"'! sas'51'2D"E , N 21· ' ' g ' ' ' 80.00 1~' PH'VAll~: ORAltl E5>.rl <soo ~a ;~n;, I : ~ i: I: ' iOOO <5no ~or~ 56 '):: ~ ~ l0.00 ' ' , , 4 {~6L) I d •~o,c SC FT 1 "' ,o.oo ,o· Pa,·,,,Tf -- ()Ra". ES"' : 5 (505) I ·g Ii 5i 4'00 sq, 1 6 1a,J1 I g 450C SC FT • :i': ' , , I c ' 7 (~,,: I 1 8 ,soo san. I : g a~9·~·,·2c"L ·--l :_ moo· I ' - 15 PRLVAI[ -I QRAJ~ Es,n I I " 8 (5·,1)' I '-' ,ioo son I : ~ ,a~·~,·20·£ 9000' 9 (50.,;.1 : g ,srn son I I g 10' Ui'L'IY fASf">,jrn: (Tri':, w I, i' I ~' g: ~I , I •: Br 0 ' 0 ' 9·J.co• (05:l) 14 <500 SO.rT. .O.FN .. AUOITOR.SflU NUMBER PRIVATE ACCESS EASEMENT ACCESS NOTE C/L ......... CENTERLINE LS ........ LICENSED SUR'/EYOP NTS ........ NOT TO SC/IL! R/'/1 . . • RIG\lT or WAY W.M ........ Wll.L/IMCTTE MERIDIAN IEU ........ INGRESS. EGRESS .O.ND UTILl"ll(S P.S.P.&L PUGET SOUND ENERGY OTY OF RENTON FILE NO. WA-07-067-FP FIL£ NO. LND-10-0432 n<E P~IVA.TE ACC(S'>, 1.JTIUTY Al<n DRAIN.CC EASE:MENT $1<011,N ON LOTS J>, Jl A.!,!O JJ 15 ro THE BO<l"HI OF TII[ O~ERS Of LOTS J2. JJ ANO .l-4 SAIO OWNcRS AAE HERESY RES1'0N51Elf FOO ll1E MAINIB"ANC( OF Tl<Elll RESl'fCTI\/E PRl<AIE VTIUT'" .\ND STOi<M DRA1NI.Gf fAOU;lES Al<~ SHAll SHAAE fOIJA!.LY IN 11-IE t.lAIMTEMA.HCE RESl'0NSl6IIJTIES QF 11<£ P!l!VATE \/TIUTY, SlL"'lM DRAINA~ '-ND 1£C£SS FI.CLUTIES usrn IN C()!.11,!0N WITHIN SAID EASJ'JdWT A Pf"Rl'EnJA!. CCMSTl'U~llOI'< AND MAltlfEMANC!: ~CCfSS TO 9ENfF"IT Tl'[ OVl>IER(S) or LOT 51 Di'PICJW HEREO~. THE rauo\l\~G PRO\ISICNS ARE Hrnrnr M/Jlt, ,',CCE:SS "'LL BE PFID"10UJ THRQIJGH ll-lE 26-FOCT INGRE~S(Ei,iaESS EASO.!ENT ACROSS LOTS J2 & J~ AND 'Ii£ 15-FOOl SMJITAAY SE\ll'R o\1'10 CONSfflUCT!QH ~t.Cf'SS BSE~EHT A.CROSS LOT J<. AS 0(F'IC1"ED H[f'EQN l .. ·, GRAPHIC SC~LE 20 40 '"I 1 INC~ :40 n ' LEGEND i 5[T l"OHSS :•"' MONU••EN' 1N I ;fa CAS[ ~;5·· SE~A" •NC ~SP MAR,<EO "JB016" Sf:" AT ALC LOT COP.N[llS N,:l MF> • I.REI. LLSC ACC[SS EASEMENT 100.03· ' 15• SI.OP£ I g z (A.SO,IE~T ;\ ' Rec. M(), l()B3154 NOT A PART ~ -D.R. STRONG ~ CONSUL TING ENGINEERS ENGINEERS PLANNERS SURV£YORS 100<)4 "''!:~~~~;;\.:a~·; .. 10, '"'"""""'Qff.cE JlC>O ""' 1<02TOLLFRE[ 421.6.724.l)fAA """'de;I"'" "'"' JOB NO 05-286 SHEET 5 OF 5 I I I• I! t DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Langley Development Group Inc. Honey Brooke West (A.K.A. Sagecrest) Final Plat (Preliminary Plats LUA 05-055PP) File: LUA 07-067FP NE 5th St, Field PL NE, Graham Ave NE, NE 5th Pl, NE 6th St and Hoquiam Ave NE all in Section 10, Twp. 23 N. Rng. 5 E. Final Plat for 51 single family residential lots with water, sewer, storm, streets and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: I. The applicant, Langley Development Group Inc., filed a request for approval of a 51 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on June 7, 2005 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at NE 5th St, Field PL NE, Graham Ave NE, NE 5th Pl, NE 6th St and Hoquiam Ave NE. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. 6. The subject site is an 8.33 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on January 9, 2006. 8. The property is located within the R-8 Zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plats were sub1ect to a number of conditions as a result of both environmental review and plat review. l. The project shall he required to comply with the Department of Ecology's (DOE) Manual for erosion and sedimentation control. The erosion control for the project met and complied with the Standards of the Department of Ecology Mann al. Silt fencing, swales and a temporary pond were used. 2. This project shall he designed to be in compliance with the 1998 Level 2 King County Surface Water Design Manual for water quality treatment and detention. The Storm Detention Pond condition was met with the approval of the Civil Engineering construction drawings prepared by DR Strong Consulting Engineers. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488. 00 per new single family lot. The fee shall he paid prior to the recording of the final plat. The mitigation fee will be paid prior to the recording of the final plat. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. Credit to be given for eight existing residences. The fee shall be paid prior to the recording of the final plat. The Traffic Mitigation Fee, by agreement for the western extension of NE 61 h Street past Blueberry Place, will be credited to the project account. 5. The applicant shall pay the appropriate Parks Mitigation Fee based on $530. 76 per new single family lot. Credit tn be given for eight existing residences. The fee shall be paid prior to the recording oj"the final plat. The mitigation fee will be paid prior to the recording of the final plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat. l. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. Demolition permits were obtained and finalized through the City of Renton. 2. The applicant shall submit a conceptual landscape plan for the 5-foot landscape strip as prepared by a registered landscape architect, or a certified nurseryman, or other similarly qualified professional to the Development Services Division Project Manager for review and approval prior to recording of the final plat. A landscape plan was submitted to Development Services and will be implemented prior to Final Plat Recording. Currently, the frontage improvements along Hoquiam Ave NE have been completed. The final stage will be plantings along the five foot strip on Hoquiam Ave NE per the APPROVED Landscape Plan. 2 HONEYBROOKWESTFP.DOCI 3. Since the modification was denied and not appealed in a timely fashion the applicant shall install a 20-foot width of pavement as a pedestrian sidewalk within the NE 6th Street right- of way abutting Blueberry Place prior to recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Renton Fire Department. Installation of a 20 foot width of paving and pedestrian sidewalk within the NE 6 1 • right-of-way will be completed prior to Final Plat recording. 4. A homeowner 's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. The SAGECREST Homeowners Association NW was incorporated on May 2, 2007. A set of covenants, conditions and restrictions was submitted with the final plat application for review and was approved by the City attorney as to legal form. 5. NE 61 • Street right-of way along the plat 's entire frontage shall be dedicated at the time of recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. "Half Street" improvements along NE 61 • Street are complete. The thirty-five foot right-of-way will be dedicated to the City of Renton with the recording of the plat. 6. Tract A shall be fenced, landscaped, and irrigated (unless drought tolerant plants are used). The property lines a/Tract A fronting Road B, Lots 9 and 28 shall include a landscaped visual barrier so as to not interfere with site distance triangles including plant materials which would provide a year-round dense screen within three (3) years from the time of planting. Tract A property lines to the west, south and along Lots 9 and 23 are to be fenced with a six foot high solid wood fence, or other approved material (no chain link). Tract A fronting Road B shall be fenced with either a wrought iron, or chain link with vinyl covering, or other decorative wood fence. The applicant shall submit a landscape plan and fence design identifying construction and plant materials for the review and approval of the Development Services Project Manager prior to installation. Fences and landscaping shall be installed prior to recording of the final plat. Tract "A" fence and landscaping (drought tolerant) will be installed prior to Final Plat recording. Lots 9 and 28 shall have a landscape barrier as well lot 23 per plans approved by Development Services. Landscaping plan was included with our overall landscape plan. 7. The applicant shall comply with the conditions imposed by the ERC. ERC comments addressed earlier in this report. 8. The applicant shall preserve trees along the westernmost 5 to IO feet of its site. Grading may occur outside of this range. An arborist selected with the City's approval shall determine the boundary of tree protection within the westernmost 5 to JO feet. Trees along the western boundary (5-10 foot strip) were retained per the report prepared by Jeff Varley (report was included in the applicants Final Plat submittal). The plan was approved by the City of Renton. 3 IIONEYBROOKWESTFP.DOC/ The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Ftnal Plat with the following conditions: I) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED TIDS 25TH DAY OF OCTOBER, 2007 4 HONEYBROOKWESTFP.DOC/ CITY OF RENTON PLANNING/ BUILDING/ PUBLIC WORKS MEMORANDUM Date: October 26, 2007 To: City Clerk's Office From: Stacy 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: LUA (file) Number: Cross-References: AKA's: Project Manager: Acceptance Date: Applicant: Owner: Contact: PID Number: ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date Appealed to Council: By Whom: Council Decision: Mylar Recording Number: Honey Brooke West Final Plat LUA-07-067, FP LUA05-055 -Honey Brooke West Preliminary Plat Arneta Henninger July 17, 2007 C. Thomas Foster -Langley Development Group James & Yuko Johnson C. Thomas Foster -Langley Development Group 1023059177 Date: Date: Project Description: A plat for 51 single-family residential lots installing storm, street improvements, street lights, sanitary sewer and water mains. Site is located on the north side of NE 6th Street, adjacent to and west of Hoquiam Avenue NE. Location: 4912 NE 5th Street Comments: DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM October 16, 2007 Sonja Ameta H. X7298 J\-\\ HONEY BROOK WEST FINAL PLAT The engineer has resubmitted the attached plans, and response letter on the above plat. Please review and comment. Also attached and hand delivered are the Monument Cards. If you have any questions please call me. Thank you! Cc: Kayren K. l:\memo.doc\cor arv OF RENTON FILE NO. LUA-05-055 HONEY BROOKE WEST AKA SAGECREST A POR1lON OF 11-E SW 1/4 OF THE SE 1/4, SECTION 10, TWP. 23 N., AGE. 5 E, W.M CITY OF RENTON, KING COUNn', WASHINGTON lVOL/PG 9~~~ CIT~ ::cr::.:~:: ·1i~ Kathy Keolker, Mayor Lawrence J. Warren ~N"\'o,";."---------------------------------senior Assistant City Attorneys To: From: Date: Subject: MEMORANDUM Ameta Henninger, PBPW Lawrence J. Warren, City Attorney August I, 2007 Declaration of Covenants, Conditions and Restrictions Honey Brooke West (aka Sagecrest) Final Plat LUA 07-067FP The CC&R's are approved as to legal form. LJW:tmj cc: Kayren Kittrick Gregg Zimmerman Jay Covington Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Arthur --Po_s_t O_ffi_c_e -Bo_x_6_2_6_--R-en-to_n_,_W_as_hi_.n_g_to-n-98-0-57--(-4-25_)_2-55---86_7_8_/_FA-X-(4_2_5_) 2-5-5--5-4-74-~ @ This paper contains 50% recycled matenal. 30% post consumer AHlo\H OF THE CURVE From: To: Date: Subject: Hello Arneta, Seth Geiser Henninger, Arneta 07/31/2007 9:57:57 AM Honey Brooke West FP Comments While the platting meets code requirements in terms of lot size and number, Hearing Examiner Decision conditions 2 & 8 have not been adequately addressed: -The applicant has provided landscaping detail for a 5' strip along the Hoquiam Ave frontage but has failed to provide detail for the required 5' planting strip across the frontages of all lots. The applicant should also be fully aware that before building permits are issued, a detailed landscaping plan will be required which shows the 5' planting strip and the required 2 trees per lot. l -While the applicant has submitted a tree retention plan, it recommends only partial retention of the trees. The project was vested prior to the tree retention determination which stipulates that 25% of trees shall be retained. As such, the language of the HEX condition requires that all trees within the westernmost 5-10' shall be retained. fv(ju\n..t, i}..u ri.,iM/\,{;\,~JR.hl\11 --t'W~-fv-,{,,{, nqc\ Ji/'1 ~,j--ytl\!\ w(-.l As this is my first project review, I hope that I've provided adequate analysis and comments. If there's ~ / anything which I've left out or which you need clarification on, let me know and I'll happy to provide it for ~~ ~ you. -Seth Seth Geiser City of Renton Development Services Division (425) 430-7214 City of Renton InterOffice Memo To: From: Date: Subject: Larry Warren, City Attorney Amela Henninger (\,~ July 30, 2007 Declaration of Covenants, Conditions, and Restrictions HONEY BROOKE WEST (AKA SAGECREST) FiNAL PLAT LUA 07-067FP Please review the attached Declaration as to legal form. Per the Hearing Examiner's report under Recommendation item 4, the applicant shall create a Homeowner's Association or Maintenance Agreement in order to establish maintenance responsibilities for all shared improvements. The attached documentation discusses maintenance on pages 5, 10, and 11. This plat will be on the City Council Agenda toward the end of August. Ifl may be of assistance in expediting this request please call me at 430-7298. CC: Kayren Kittrick Yellow File LUA 07-067FP Project Name: ll)hl'M ~'b\W W¢& ~f Project Address: 'Joo/ JO() o, . " '\ C , t? llL/lV 149Q01'\'' ,1. • \j•-:- ontact Person: C-r -1,:\1''-ll!MC--V ::1bottio > W?'{\q'Q , Permit Number: Lill\ O'S -oS 0 Project Description: 5s:t\ ~~f~~-:::~;-O:-~-===~~-:---------I m:: S( «. ,\0;< ,).) \'.ffi 9J e,v,17"\l,~ \rotJ..0>) \ \o y (W\,:.,,__, . Land Use Type: ~Residential D Retail Meth~Calculation: d2J ITE Trip Generation M '" D Traffic Study h , anual, 7 Edition D Non-retail Calculation: 0 Other l '- 10 .J sr jZ.. q,"::,/ 4¥f / l.;r' s \ -5 ;:_ U.?7 ~w) \01> ~~ y °\ ,':), : L\\ \. s \ ~~\ 'b --r' City of Re. Department of Planning I Building I Public V' ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Fire COMMENTS DUE: JULY 31, 2007 APPLICATION NO: LUA0?-067, FP DATE CIRCULATED JULY 17, 2007 APPLICANT: Lanalev Develooment Grouo, Inc. r PROJECT MANAGER: Arneta lilennlnqer . . : r----·-·-------PROJECT TITLE: Honev Brooke West Final Plat PLAN REVIEW: Elizabeth Hiaains • I SITE AREA: 8.33 acres BUILDING AREA laross): NIA Tl II , ~ onm : ! ··-. LOCATION: 4912 NE 51 h Street WORK ORDER NO: 77774 ' I . ·--··-·...; ovem~. •stteet'lights: sanitary ·-- SUMMARY OF PROPOSAL: A plat for 51 single-family residential lots installing storm, street imp sewer and water mains. Site is located on the north side of NE 6th Street. adjacent to and west of Ho 1uiam Avehue NE,·. __ • A. ENVIRONMENTAL IMPACT (e.g. Non-Code} COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earlh Housinro Air Aesthetics Water LinhVG/are Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy! Natural Resources Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet AJ /+ B. POLICY-RELATED COMMENTS c. CODE-RELATED COMMENTS I fl rt,. I We have reviewed this pplication with p areas where additional nformation is nee icular attention to those areas in which we have expertise and h ve ide tified areas of probable impact or to properly assess this proposal. Signature of Dir Date : CITY :..>F RENTON +o~"'~Ro"'+ · Planning/Building/Public Works Department ~ :!: ~ Kathy Keolker, Mayor Gregg Zimmerman P .E., Administrator ~N~O)'-~~~...;...~~~~~~~~~~~~~~~~~- July 17, 2007 C. Thomas Foster Langley Development Group, Inc. 6450 Southcenter Blvd #106 Seattle, WA 98188 Subject: Honey Brooke West Final Plat LUA07-067, FP Dear Mr. Foster: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at ( 425) 430-7298 if you have any questions. Sincerely, Ameta Henninger Project Manager ------,-0-55_S_o_u_th_G_rad_y_W_a_y---R-en-to_n_, W-as-h,-.n-gt-on-98_0_5_7 ______ ~ @ T~is paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE November 16, 2006 James C. Hanson Hanson Consulting 17446 Mallard Cove Lane Mt Vernon, WA 98274 Subject: Honey Brooke West Underground Modification Dear Mr. Hanson: CIT OF RENTON Planning/Building/Public Works Department Gregg Zimmcnnan P.E., Administrator Per our discussion at the meeting on November 7, 2006, and your follow-up letter dated November 10, 2006, your clients ate seeking permission to move four ( 4) existing power poles rather than underground the main line. This would allow the poles to remain within the right-of-way to continue serving the existing 14 overhead power, telephone, and cable customers on the east and south of the plat. The four ( 4) poles are to remain along the west side of Hoquiam Avenue NE rather than comply with RCW 4-6-090 Utilities Lines Underground Installation-to relocate the main lines and services underground. The modification is approved with the following conditions: I. The four (4) utility poles shall be re-installed on the west side of the right-of- way to locations west of the sidewalk, as shown on the approved city construction drawings and as approved by the public works inspector and the franchise utility owner. 2. If a location is required or requested to be outside of right-of-way, an easement will be required and is the responsibility of the developer. 3. Frontage improvements including sidewalk, curb, gutter, and any extra pavement to provide the approved cross-section for Hoquiam Avenue NE from NE 6th S\reet to the southerly boundary of the plat shall be constructed at the expense of the developer. 4. All easements shall be in hand and construction is required to be complete prior to recording of the plat. 5. The City ofR~nton will provide $10,000.00 to offset the cost of the sidewalk construction, payable upon completion and acceptance of the Honey Brooke West project. This modification is for Hoquiam Avenue NE only. All interior franchise improvements for the Honey Brooke West plat are not affected and shall comply with City of Renton standard underground installation throughout the project. _______ 10_5_5-So_u_th_Gr_ad_y_W_a_y ___ R_en_to_n,_W_as_h_in_gt_on-9-80_5_5 ______ ~ AHEAD OF THE CURVE James C. Hanson November 16, 2006 Page 2 of2 Moving the poles rather than requiring the lines and services to be underground at this point would alleviate a hardship on the 14 neighbors, and allow net fewer service poles if underground installation were required. The road cross-section will not be impaired, and safety for vehicles and pedestrians will be improved by provision of a standard road cross-section including sidewalk, curb, and gutter along the entire western edge from NE 6t11 Street to the south. . · If you have any questions, or require future coordination, please contact Ameta Henninger, Engineering Specialist, at 425-430-7298. Sincerely, -~ .. ·t-~ Kay~Kittrick .··· .... · Development Erigineetj/ig ~.upervisor Public Works Inspecti!)lls &Permits , Development-Services;D1vjsion '' ' Cc: Arneta Henninger'iEng;neeijng S~ -Pat Miller. Coris~tion Ins~tor,·), ;;, ~,::lt Mark Wetherbee, ~ns!!',liClion.Inspector · ··_·;~_ -2 ·-.. CONDITIONS OF DEVELOPMENT (SUMMARY) Honey Brooke West Preliminary Plat LUAOS-055, PP PROJECT CONDITION SOURCE WHEN JS PARTY NOTES COMPLIANCE RESPONSIBLE REOUIRED Pay Traffic Mitigation Fee ERC Prior to recording of Applicant final plat Pay Fire Mitigation Fee ERC Prior to recording of Applicant final plat "' Pay Parks Mitigation Fee ERC Prior to the Applicant recording of the final plat Comply with DOE Manual ERC During construction Applicant/Contrac for erosion and tor/Subs sedimentation control Design and comply with ERC Design and Applicant, 1998 Level 2 King County Construction Engineer, Surface Water Design Contractor Manual for Water Quality and Detention Obtain Demolition Permit HEX Prior to recording of Applicant The applicant shall obtain a and complete all inspections final plat demolition permit and complete all and approvals for buildings inspections and approvals for all on the property buildings located on the property. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. Install 20-feet of pavement HEX Prior to recording of Applicant Subject to the review and approval of and a pedestrian sidewalk the final plat the Renton Fire Department. within the NE 6'h Street right-of-way Create a homeowner's HEX Concurrently with Applicant Submit a draft of the document(s) to association or maintenance the recording of the the Development Services Division agreement. final plat Project Manager for review and approval by the City Attorney and Property Services. Dedicate the NE 6'h Street HEX At the time oft he Applicant Subject to the review and approval of right-of-way along the plat's recording of the the Development Services Project entire frontage. final plat. Manager. Fence, landscape,and HEX Prior to recording of Applicant See attached Recommendation No. 6 irrigate Tract A. the final plat. for specific requirements. 11/22/2005 .. CONDITIONS OF DEVELOPMENT (SUMMARY) Honey Brooke West Preliminary Plat LUA05-055, PP Preserve trees along the HEX Prior to Applicant Grading may occur outside the range western 5 -IO feet of the Construction of the specified tree protection, site. An arborist (selected Commencing. subject to the arborist's with the City's approval recommendations. shall determine the boundary of tree protection within the westernmost 5 - 10 feet. Landscape Plan HEX Prior to the Applicant A conceptual landscape plan for the recording of the 5-foot landscape strip as prepared by final plat a registered landscape architect, or a certified nurseryman, or other similarly qualified professional to the Development Services Project Manager for review and approval prior to recording of the final plat Construction Activities are Code During construction. Applicant limited to the hours between 7:00 am and 8:00 pm, Monday through Friday. Work on Saturdays may occur between 9:00 am and 8:00 pm. NO WORK SHALL BE PERMITTED ON SUNDAYS. 2 11/22/2005 6. Tract A shall be fenced, landscaped, and irrigated (unless drought tolerant plants are used). lhe property lines of Tract A fronting Road B, Lots 9 and 28 shall include a landscaped visual barrier so as to not interfere with sight distance triangles including plant materials which would provide a year round dense screen within three (3) years from the time of planting. Tract A property lines to the west, south and along Lots 9 and 23 are to be fenced with a six-foot high solid wood fence, or other approved material (no chain link). Tract A fronting Road B shall be fenced with either a wrought iron, or chain link with vinyl covering, or other decorative wood fence. The applicant shall submit a landscape plan and fence design identifying construction and plant materials for the review and approval of the Development Services Project Manger prior to installation. Fences and landscaping shall he installed prior to recording of the final plat. -~~-----.. """'!II City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: J,;...,.,.es C c,-.d YU /<o T -Jo ~ nsn.-1 PROJECT OR DEVELOPMENT NAME: ADDRESS: S"19 J+<, $'-"' a '«t Hv<2 NE CITY: 12.ertkn. ZIP: Cj'J-aS7 PROJECT/ADDRES~SfOCATION AND ZIP CODE: 5-a::, / .f.Od E =-H7« «• ,,,,_ lh,e N {C-- iZ-e,1:-h,v,._ 1 U) 4-9',f-0S9' TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 107-3059177 APPLICANT (if other than owner) NAME Lci"'o\.-y Deue/.,~n.r 6' ('."Jf._1 p....t.,..-, EXISTING LAND USE(S): 50•1J/e --f).,,.,,, ,/y ,.0 e__ 'to-C J... ed COMPANY (if applicable): PROPOSED LAND USE(S): / -j.. /.._e,,f SI /.o/-s, "'.'/e---{:, "'" y de <' ADDRESS: (,;,(/So S,tot.cft,.<f.J-,e ,-31,.,,/ :d:/Ob EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CITY: S,epf{le ZIP: 9,1>,.,p-,f" PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): TELEPHONE NUMBER Z-c.'?(:, :z.. tf V o;;z._z_ EXISTING ZONING: /?-3' CONTACT PERSON PROPOSED ZONING (ii applicable): /'I I/--- NAME: 'th an,u,_5 ~--fer SITE AREA (in square feet): ,3 0 Z C/ 'f 2. 5 / 8: 33 oc SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): /..c;_ ,, " le , Develo "'ntt'A,;_ Gtzo~,. L.-- DEDICATED: 80.:L7t ,:;;F / /.H acr-es SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: (/ I ADDRESS: ;2.f?"O:/ SF Cc,'( So -Sr,c,t{kc< 4<' ,-3/u.) '*10C PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: HI, ZIP9J-I ~J-Sc?L"-e ACRE (if applicable): 7, 9<( NUMBER OF PROPOSED LOTS (if applicable): TELEPHONE NUMBER AND E-MAIL ADDRESS: 5/ z.oc <r'l'1 ~'ir NUMBER OF NEW DWELLING UNITS (if applicable): 5·0 Q:web/pw/devserv/forms/pla1ming/masterapp.doc 07/29105 •• • • ,1 I .. JJECT INFORMATION (continued) .----~----~----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: I SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATEO IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): :2100 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D AQUIFER PROTECTION AREA ONE D AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS AND LAKES D WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION to, TOWNSHIP.::z.3"( RANGE 5~ IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Namels) J qW\,(5, a!o,A Yvko .Jab""5""'-, declare lhat I am (please check one) .v°lhe current owner of Ille property involved in this application or __ the authorized representative to act tor a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify lhat I know or have satisfactory evidence !hat J ..-. J ~ ~ signed this instrument and acknowledged it to be his/he eir ree and voluntary act for the ~ uses and purposes mentioned in the instrument --h~"""'c::.._.l,..._,'""7"&"""'---'---- (Signature of Owner/Representative) Notary (Print)~l\A~u+-'[~Q=(.\~Q-~A--_~_c_,_~_cV)--'- \ My appointment expires:_c;-+(Lj °/....,,_....,{/-'O=------ Q· web/pw/de vserv/forms/plannin 2/mastera oo. doc t,1 City of Renton LAND USE PERMIT JUL -9 2007 {,f:CEl\/f:D MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: Lcu,crley Di:c"< l<,p1N',1f---(; ,fr'-:_{° hie_ PROJECT OR DEVELOPMENT NAME: ADDRESS: G,,<( Sc, S:,cLiicee .de,--1J i.:d it I c>G:, PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: CITY: 'S:,&_+{-(e_ ZIP: Cj'g'! 3",V 500 /e:,oo Bkcf..· ikt'' "°'' >1 /Jvc_ ,y E_ rz e ;\,,i<• '1.. I ll1 rt. 9f'c.?5.,7 TELEPHONE NUMBER: 2-.t.:; (.~ ;;.. </'I 0/;Z.2._ APPLICANT (if other than owner) KING COUNJY AS,SESSOR'S ACCOUNT}{~M.BE:R(S): /t9'2-30S 9'36'5 Jc'">23,'!59cnS1 /c..::_:i,c"'.SS·(..~..:,(:. /t!t 2-8~.S ~lp 7"-1 : /~23<'!.S,~ ic"l<j'i-,, /t.: Z 1';~_".$,/ 2-_? 1c·;L3,._1s YI ;z..5· /t::i2_3 ..... S C/1 7(.._. 1c:1-::i~---~$-·Z'/1 '.,~2..,305-~'J . ...,...,,, ' NAME: EXISTING LAND USE(S): s mJJe.. J.:, "" ly ~,,L,c,ke,·1 COMPANY (if applicable): PROPOSED LAND USE(S): 51 5"'<'i'e -/-~ ,,,, ly det<,ck.ed' .. H<? '.>, =()ie.. L,/.s , ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: fc,;; ,cle "/-..a I S, ,wle.. -{:,,.,,,I I y· CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (ii applicable): N I+ TELEPHONE NUMBER EXISTING ZONING: /2-g,, .:.. i'-</ UC CONTACT PERSON PROPOSED ZONING (ii applicable): NAME: c.. n~,mas; ,c;,s.fe_r-SITE AREA (in square feet): j . 2. C/<f Sjg'. ~ 0 , ;2. , 5:, l/oes COMPANY (if applicable): /,....4 na,ley Deud.ap 1>1e,1, f- c;;, /!ou LJ ::;z-;, <?. SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: io, ~71 SF / /,gC( deres . SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: t,</ S6 S,u.:f/t.cer,ftr-g;;,.1 #/~6 ;:zgo'f SF PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ~t{.\e ZIP: q ?t fr/j- ACRE (if applicable): 7, Cf<f NUMBER OF PROPOSED LOTS (ii applicable): TELEPHONE NUMBER AND E-MAIL ADDRESS: S/ ~o(, "/99 8'<'/9 I NUMBER OF NEW DWELLING UNITS (if applicable): 5o Q. web/pw/dc vserv/formstplaan ing/masterapp.doc 07/29/05 I ,,OJECT INFORMATION (continued) ,----'------'-----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: { SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 2. / e,o D AQUIFER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFER PROTECTION AREA TWO BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL D FLOOD HAZARD AREA sq. ft. BUILDINGS TO REMAIN (if applicable): D GEOLOGIC HAZARD sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq. ft. applicable): D SHORELINE STREAMS AND LAKES sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following Information included) SITUATE IN THE Nil' QUARTER OF SECTION Io, TOWNSHIP~'~ RANGE SE, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) C -7 /t,o (11 ti .S ;::;, :'> -fer , declare that I am (please check one) _ the current owner of the property involved in this application or _L___ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statemenls and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and betief. I certify that I know or have satisfactory evidence that C · ! ·,t. !!,,: ', 1=--0 ~ .. + c-',,.. signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument (Signature of Owner/Representalive) Notary Public In and for the State of Washington (Signature of Owner/Representative) ,..,--, Notary (Print)~/_h~•~' "'~'~·~:.~K_-~/_·J~•l~>1_,(.,,_C'~,~l1--- My appointment expires: __ .5_-_-_I '_i _-_I 0_'· ___ _ Q · web/p w/devserv/forms/plarming/masteraoo. doc -.:"11. . ~ < --: -· SE 1/4 SEC. 10 ,TWP. 23 N. ,RGE. 5 i:-. ,W.M. f~ ' I I I r----..._ I I I s31i:Lc 5F . I I I L ___ _J r-,------, I •. f I 2 1:. . I <1500:t SF I' L _, r----, l . 1 • f·~ss:-I I I~ r------, t ··,".: r·.-,~ l~s:r I I . l ! 1-_::L::.::-.J·,c.:·:__,:;'._...j l ,----, I I I • 1 I 4500:I: 5F · I L _ __J ,----, I I I ~SF I I 1. 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I -::,,.'~ ·_;.\ ' <•//JS _ . .;;, o•~ ,,u•,\'i~1NG }proval Superintendent Postal Operations .. ,r ,. ni.ftc-'" 10'" , .-·,:,, VSp5 Qr f REN I (~) lndicoles Mo,lbc~ Loco(ro,i~ 'Nit~ nc. of ho><P.S (NOCBU"s) Q c\""f'I 0 )\)\.. -~ 1001 5\gOalure $totio11 Mono!iJ""e, (RENTON} united Stot~s Pcslol Set"v•ces (USPS) Date Rtc'€f4EO !· MAILBOX REQUIREMENTS NOTICE FOR ALL NEW PLATS AND SHORT PLATS City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 The Post Office wants to be involved in helping you locate your mailboxes before construction begins. Please take a copy of your plat map along with this form to the City of Renton Post Office, 314 Williams Avenue South, for their sign-off. Please submit a signed copy of this form with your application. Property 1 /.' ,-,:-S ·t ~, // Location: ·" c:· 7 "' · t£, uh ,1-,1,,. Owner's Name: LA>-.J ·r/-ty l) .. .f.../ ;{ l.:.,,a "-ie,-~tl>hone Number. (L\ l<> 5'/0 ,f l, CS)';) 1 Land Use Application Number: Z>5 ·-D5S I f,:__'f! 1 ff Post Office Approval: _________ _ Date: --------------- Q:\WEB\PW\DEVSERV\Fonns\Planning\mailbox.doc A-tJ..c UC ( /f"•·'<-ti:•o,k.L: lu~>.::> / ')11-t• C,,.,. -,-r) DENSITY WORKSHEET JUL -9 2007 Rf.CE' City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1 . Gross area of property: 1. ,?:£.,2 CJL/ 2 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: S"c;;., f square feet :2. ~· .v'l. square feet square feet 2. >{'3 075 square feet 3. ::Z. l CJ 'i]'(; 1 square feet 4. __ C.-_· ,_if_:z __ acres 5. __ .ccs_· 1_' --units/lots 6. Divide line 5 by line 4 for net density: 6. 7, q'f = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. http ://ren ton wa. gov /uploaded Pi \cs/Business/PB PW /D EVS ERV/FORMS_ PLAN N ING/density .doc 1 Last updatf j N ' w L--...JZ NE 4TH PL SAG EC REST NEIGHBORHOOD DETAIL MAP 1" = 200' w z !:!i < ::. < 5 g :c ~--.:.NE 5TH ST ._ ._ IL- M:\05\2e6\pl<>ta\J\01-Jlllt5286.""'9 1'./4/2007 10:54:19 Ai.t POT COf''!'RIGIH @ 2005. 0.R. STRONG CONSULTING rnGINEERS INC. - D.R. STRONG CONSULTING ENGINEERS , .... N£-!'1,AC:1,anl:101 IQRl(LAIIIJ.~----~O'f>MENT P NNING --e,yy OF RE N JUL -9 2007 Ri::CEIVED June19,2007 City of Renton Dept. of Development Services 1055 S. Grady Way Renton, WA. 98055 Re: Honey Brooke West Plat LUA05-055, PP, ECF FINAL PLAT To Whom It May Concern: Please find attached our submission for Final Plat Review for Honey Brooke West (SAGECREST) LUA05-055, PP, ECF. We are providing the following information as to the completion of all required improvements as set forth by the Hearing Examiner's Report dated July 26, 2005; Environmental Review: 1. The erosion control for the project met and complied with the Standards of the Department of Ecology Manual. Silt fencing, swales and a temporary pond were used. 2. The Storm Detention Pond condition was met with the approval of the Civil Engineering construction drawings prepared by DR Strong Consulting Engineers. 3. The Mitigation Fees for Fire and Parks will be paid prior to Final Plat Recording. The Traffic Mitigation Fee, by agreement for the western extension of NE 6'h Street past Blueberry Place, will be credited to the project account. Preliminary Plat Conditions; 1. A demolition permits were obtained and finalized through the City of Renton. 2. A landscape plan was submitted to Development Services and will be implemented prior to Final Plat Recording. Currently, the frontage improvements along Hoquiam Ave. NE are being completed. The final stage will be plantings per the Landscape Plan. 3. Installation of a 20 foot width of paving and pedestrian sidewalk within the NE 61h right- of-way will be completed prior to Final Plat recording. The right-of-way is ready for curb, sidewalk and final paving. 4. SAGECREST HOA was registered with the State of Washington and CC&R's are included for your review. 5. "Half Street" improvements along NE 6th Street are nearly complete. The Thirty-five foot right-of-way will be dedicated to the City of Renton with the recording of the Plat (see attached dedication). 6. Tract A fence and landscaping ( drought tolerant) will be installed prior to Final Plat recording. Lots 9 and 28 shall have a landscape barrier as well lot 23. Landscaping plan was included with our overall landscape plan. 7. Please see ERC comments above. 8. Trees along the western boundary (5-10 foot strip) were retained per the report prepared by Jeff Varly. The plan was approved by the City of Renton. If there are any questions, please contact Thomas Foster at 6450 Southcenter Blvd. Suite 106, Seattle, WA. 98188 or phone number is 206-499-8491. Thank you. Sincerely, Thomas Foster, President Langley Development Group, Inc. CITY OF RENTOI DETERIIIIINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO(S): PROJECT NAME: APPLICANT: LOCATION OF PROPOSAL: LUA05-055, PP, ECF Honey Brook West Preliminary Plat C. Thomas Foster, Langley Development Group, Inc. 500 -600 Block of Hoquiam Avenue NE DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 51-lot subdivision of a ten parcel, 8.3 acre site. Three tracts for open space and storm drainage are included. The site is zoned Residential -8 du/ac. The lots range in size from 4,500 sq. ft. to 14,996 sq. ft. Existing buildings would be removed/demolished except for one house to remain on new Lot 51. Access is proposed via Hoquiam Ave. NE to new internal public streets and private access easements. LEAD AGENCY: MITIGATION MEASURES: The City of Renton Depar1ment of Planning/Building/Public Works Development Planning Section 1. The project shall be required to comply with the Depar1ment of Ecology (DOE) Manual for erosion and sedimentation control. 2. The project shall be designed to be in compliance with the 1998 Level 2 King County Surface Water Design Manual for water quality treatment and detention. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. Credit to be given for eight existing residences. The fee shall be paid prior to the recording of the final plat. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. Credit to be given for eight existing residences. The fee shall be paid prior to the recording of the final plat. 5. The applicant shall pay the appropriate Parks Mitigation Fee based on $530. 76 per new single-family lot. Credit to be given for eight existing residences. The fee shall be paid orior lo the recording of the final ~lat. floney Brooke West Prcliminarv Plat File No.: LUA-05-055, ECF. P July 26, 2005 Page 13 site. Grading and clearing can occur outside of this range. /\n arborist selected with the City's approval can determine tile boundary of tree protection. 6. Code changes reflect the need for additional street trees and landscaping. Tliese now need to be incorporated into this plat. 7. Development of the subject site will increase the tax base of the City. The applicant will be paying mitigation for some of its impacts 011 parks and fire offsetting those impacts. The traffic will increase substantially from approximately 80 to 500 trips per day and appropriate roads are necessary to handle this increase. 8. 1 n conclusion. the City Council should approve the proposed plat with the conditions suggested by staff to allow it to meld and mesh with the surrounding uses and needs. RECOMMENDATION: The City Council should approve the 51-lot Preliminary Plat subject to the following conditions: I. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction ofth;s requirement is subject to the review and approval of the Development Services Project Ma:iager. 2. The applicant shall submit a conceptual landscape plan for the five-foot landscape strop as prepared by a registered landscape architect, or a certified nurseryman, or olher similarly qualified professional to the Development services Project Manager for review and approval prior to recording of the final plat. 3. Since !he modification was denied and not appealed in a timely fashion the applicant shall install a 20- foot width of pavement and a pedestrian sidewalk within the NE 6'" Street right-of-way abutting Blueberry Place prior to recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Renton Fire Department. 4. /\ homeow11er's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. 5. NE 6'" Street right-of-way along the plat's entire frontage shall be dedicated at the time of recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. 6. Tract A shall be fenced, landscaped, and irrigated (unless drought tolerant plants are used). l"11e property lines of Tract A fronting Road B, Lots 9 and 28 shall include a landscaped visual barrier so as to not interfere with sight distance triangles including plant materials which would provide a year round dense screen within three (3) years from the time of planting. Tract A property lines to the west, south and along Lots 9 and 23 are to be fenced with a six-foot high solid wood fence, or other approved material (no chain link). Tract A fronting Road B shall be fenced with either a wrought iron, or chain link with vinyl covering. or other decorative wood fence. The applicant shall submit a landscape plan and fence design ide11tifyi11g construction and plant materials for the review and approval of the Honey Brooke West Preliminary Plat File No.: I.UA-05-055, ECF, PP July 26, 2005 Page 14 Development Services Project Manger prior to installation. Fences and landscaping shall he installed prior to recording of the final plat. 7. The applicant shall comply with the conditions imposed by the ERC. 8. The applicant shall preserve trees along the westernmost 5 to IO feet of its site. Grading may occur outside of this range. An arborist selected with the City's approval shal I determine the boundary of tree protection within the westernmost 5 to IO feet. ORDERED THIS 26'" day of July 2005. --~~\ J~ko-,-_ FRED J. KAUF~ r HEARING EXAMINER TRANSMITTED THIS 26'" day of July 2005 to the parties of record: Susan Fiala Michael Chen Joel Paisner 1055 S Grady Way Core Design, Inc. AterWynne LLP Renton. WA 98055 14711 NE 29'" Pl., Ste. IOI 60 I Union Street, Ste. Bellevue, WA 98007 Seattle, WA 981 0 I Kayren Kittrick I 055 S Grady Way Jim Hansen Gerald Stump Renton, WA 98055 17446 Mallard Cove Lane 28609 SE 258'" Street 5450 Mount Vernon, WA 98274 Ravensdale, WA 98051 David Cayton Core Design, Inc. George Townley Robe,t and Kay Haynes 14711 NE 29"' Pl.. Ste. IOI 580 Elma Place NE 551 Elma Place NE Bellevue, WA 98007 Renton, WA 98059 Renton, WA 98059 Janine Mitchell Richard Nelson 4828 NE S"' Court 522 Elma Place NE Renton, WA 98059 Renton, WA 98059 TRANSMITTED THIS 2"" day of July 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler, Fire Jay Covington, Chief Administrative Officer Julia Mcdzegian, Council Liaison Larry Warren, City Attorney Larry Meckling, Building Official Planning Commission Transportation Division Gregg Zimmerman, PBPW Administrator Alex Pietscl1. Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King, County Journal PLAT NAME RESERVATION CERTIFICATE TO: JUSTIN LAGERS 33400 • 9TH AVE. S FEDERAL WAY, WA 98003 PLAT RESERVATION EFFECTIVE DATE: July 3, 2007 JUL .. g 2DD7 Rt:CEiVE!J The plat name, HONEYBROOK WEST AKA SAGECREST has been reserved for future use by HARBOUR HOMES, INC .. I certify that I have checked the records of previously issued and reserved plat names. The requested name has not been previously used in King County nor is it currently reserved by any party. This reservation will expire July 3, 2008, one year from today. It may be renewed one year at a time. If the plat has not been recorded or the reservation renewed by the above date it will be deleted. ·• ' t ~' ,\ ... Deputy A~diteF-((_e., c. rt.J."".- ( L ~ ,u 1 C~Jwfr.l.) , ' PLAT NAME RESERVATION CERTIFICATE TO: JUSTIN LAGERS 33400 9TH AVES., SUITE 120 FEDERAL WAY, WA 98003 PLAT RESERVATION EFFECTIVE DATE: September 1, 2005 The plat name, SAG EC REST has been reserved for future use by HARBOUR HOMES INC. I certify that I have checked the records of previously issued and reserved plat names. The requested name has not been previously used in King County nor is it currently reserved by any party. This reservation will expire September 1, 2007, one year from today. It may be renewed one year at a time. If the plat has not been recorded or the reservation renewed by the above date it will be deleted. ,,·,\j, ' '\ ' ~"' .. . . , .. ,. ,. .... . . ' .. .,_, ,; ·,. .> ' Secretary of State I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to SAGECREST HOMEOWNERS ASSOCIATION N.W. a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 5/2/2007 UBI Number: 602-722-416 APPID: 845087 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Sam Reed, Secretary of State •: El I . 'flt: State of Washington Secretary of State 602722416 CORPORATIONS DIVISION James M. Dolliver Building 801 Capitol Way South FILED SECRETARY OF STATE SAM REED MAY 2, 2007 STATE OF WASHINGTON PO Box 40234 Olympia WA 98504-0234 360.753.7115 Application for NonProfit Corporation Office Information Application ID 845087 Tracking ID 1291865 Validation ID 1053569-001 Date Submitted for Filing: 5/2/2007 Contact Information Contact Name OW A YNE BAKER Contact Address 6632 so. 191 st street e-103 KENT WA 98032 Contact Email dwayne@dwwaynebaker.com Contact Phone 425-251-8360 Articles of Incorporation Preferred Name SAGECREST HOMEOWNERS ASSOCIATION N.W. Purpose HOMEOWNERS ASSOCIATION Duration Perpetual Incorporation Date Effective Upon Filing by the Secretary of State Expiration Date 5/31/2008 Distribution of Assets TO A SIMILAR TYPE OF ASSOCIATION Registered Agent Information Agent is Individual Agent Name OW A YNE BAKER ... Agent Street Address 6632 SO. 191 ST. PL. STE E-103 KENT WA 98032 Agent Mailing Address Same as Street Address Agent Email Address dwayne@dwaynebakeraccounting.com Submitter/Agent Relationship Submitter is Registered Agent Initial Directors Information Director #1 Director Name C. THOMAS FOSTER Title Director Director Address 20840 SE 118TH STREET ISSAQUAH WA 98027 Incorporators Information lncorporator #1 Incorporator Name OW A YNE BAKER Incorporator Address 6632 SO. 191 ST. STREET, STE E- ISSAQUQH WA 98032 Signature Information Signed By OW A YNE BAKER 405264712190705070 05/07/2007 EFf PS is a service provided FREE by the C .S. Department of the Treasury. SAGECREST HOMEOWNERS ASSOCIATION N .. -· C").;\1=N1 PLANi'!'i';G W [,[\1\:.L_!: \..;.'; ni::1-r: n\1 1· 20840 SE 118TH STREET ISSAQUAH, WA 98027-0000 C\1Y ur ;1_10,..._, JUL S 2Dll7 Rt::.~Et\lEO To activate your ff!PS Em•ollmem, c.in 1-800-555-3453 as soon as possibl;;. EIN **-***8536 Welcome to EFTPS-(Electronic Federal Tax Payment System) When you were assigned your Employer Identification Number (EIN),you were enrolled in EFTPS to make your Federal Tax Deposits online or by phone. To make your deposits, you will instruct EFTPS to transfer funds from your bank account to Treasury. Now you need to activate your enrollment by supplying EFTPS with your bank account information and phone number. The enclosed brochure gives you the steps required to activate your enrollment. Please read it carefully. ti1{#tl,·111 IJ§t!,i,&ildl&rlddiii/.i,IN 11 ••1·/'1iat.,., 3611 This PIN should he kept in a safe place and not shared with unauthorized individuals. You will need to have this PIN, your EIN, and bank account information handy when you call to activate your enrollment. If yoo have any questions, please call EFTPS Customer Service, 24 hours a day, 7 days a week: 1-800-555-4477. Regards, U.S. Department of the Treasury EFTPS Enrollment Processing -~FTPS® ~ltC>'l,cFedera! Ta:.:Paymen; Sysrem EFTPS Enrollment Processing Center PO. Box 173788. Denver. CO 80217-3788 EFTPS is a service provided FREE by the U.S. Department of the Treasury. EE.6·05 Print Review IRS Form SS-4 EIN m:·,;c C JUL -9 2007 r,-,;,, ,_ '·: 1•-~':, 1i .~,= .. FormSS-4 ij .. ~,..._, - Application for Employer Identification Number (Rev. December 2001) Page 1 of2 · EIN (For use by employers, corporations, partnerships, trusts, estates, churches 20·8958536 Depar1ment of lhe government agencies, Indian tribal entities, certain individuals, and others.) Treasury • See separate instructions for each line. lntemal Revenue Service • Keep a copy for your records. 0MB No. 1545·0003 1~ Legal name of entity (or individual) for whom the EIN is being requested SAGECREST HOMEOWNERS ASSOCIATION NW 2 Trade name of business (if different from name on line 1) 3 Executor, trustee, ''care of' name 4a• Mailrng address (room, apt , suite no. and street, or P.O. box.] Sa Street address (if different) (Do not enter a P.O. box) 20840 SE 118TH STREET 4b* City, state, and ZIP code ISSAQUAH WA 98027 · 5b City, state, and ZIP code 6" County and state where principal business is located County KING State WA 7a Name of principal officer. general partner, grantor, owner, or trustor 7b SSN, ITIN. EIN C THOMAS FOSTER 535·48·6336 ea· Type of entity (check only one) Estate (SSN of decedent) . Sole Proprietor {SSN) Plan administrator (SSN) Partnership Trust (SSN of grantor) ·-Corporation (enter form number to be filed) ~ I National Guard State/local government Personal Service Farmers' cooperative I Federal government/military - Church or church-controlled organization I REMIC r-Indian tribal government/enterprises Other nonprofit organization (specify) "" Group Exemption NO. (GEN) ~ r-1 Other (soecifvl "" HOMEOWNERS ASSOCIATI Sb If a corporation, name the state or foreign country I State I Foreign country (if applicable) where incorporated WA ~~ Reason for applying (check only one) Banking purpose (specify purpose) ~ Started new business (specify type} Changed type of organization (specify new type) ~ • Purchased going business -Hired employees (Check the box and see line 12) Created a trust (specify type) ~ ' Compliance with IRS withholding regulations Created a pension plan (specify type) ~ P Other /soecifv\ ~ CREA TING HOMEOWNERS 10· Date business started or acquired (month, day, year) 11 Closing month of accounting year MAY 2 2007 DEC 12 First date wages or annuities were paid or will be paid {month, day, year) Note:ff applicant is a withholding agent, enter date income will first be paid to nonresident alien. I month, dav, vearJ ............ .... • 13 Highest number of employees expected in the next twelve months Note:lf the applicant I Agriculture Household I Other does not expect to have any employees during the period, enter "-0-' .. .......... " • 0 0 0 14 • Check box that be~_t describes the principal a~_tivity of your business ; Health care & social assistance Wholesale-agent/broker C Accommodation & food service . Wholesale-other Construction Rental & leasing Transportation & warehousing Real estate Manufacturing Finance & insurance Retail rv Other (soecifvl HOMEOWNERS ASSOCIATION 15" Indicate principal line of merchandise sold; specific construction work done; products produced; or services provided SERVICES 16a* Has the applicant ever applied for an employer identification number for this or any other business? . ....... ' Yes W No Note If "Yes· a/ease coma/ere lines 16b and 16c 16b If you checked "Yes" on line 16a, give applicant's legal name and trade name shown on prior application if different from line 1 or 2 above Legal name • Trade name • 16c Approximate date when, and city and state where, the application was filed. Enter previous employer identification number if known. Approximate date when filed (month, day, year) 1· City and stale where filed I Pr~vious EIN Comple1e section only ii you want to authorize the named individual to receive !he entity's EIN and answer questions about the completion of this form Third Party Designee's name Designee's telephone riumber (include area code) Oesignee Address and ZIP code ( I Oesignee's fax number (include area code) ( I Under penalties of perJury,I declare that I have examined this application , and to the best of my knowledge and belief, 1t is true, correct, and complete. Applicant's 1elephone number (include area code) Name and title (type or print clearly) https://sa2. www4. irs.gov/sa ~vign/review.do? 5/2/2007 " Print Review IRS Form SS-4 EIN Page2of2· •. • I I - Signature • Not Required Date "' May 02. 2007 GMT Applicant's fax number (include area code) https://sa2.www4.irs.gov/sa_ vign/review.do? 5/2/2007 ' CLOSURES 05286 SAGECREST CLOSURES (05286) --------------------------------------------------------------------------- Parcel name: 1 North: 182320.291 Line course: s 88-20-37 E North: 182318.786 curve Length: 60.23 oelta: 88-29-17 chord: 54. 42 Course In: s 01-39-23 w RP North: 182279.803 End North: 182279.704 Line course: s 00-08-40 w North: 182257.884 Line course: N 89-51-20 w North: 182258.111 Line Course: N 00-08-40 E North: 182320.291 East : 1673862.570 Length: 52.05 East : Radius: Tangent: Course: course Out: East East Length: 21. 82 East Length: 90.00 East Length: 62.18 East 1673914.598 39.00 37.98 S 44-05-59 E S 89-51-20 E 1673913. 471 1673952.470 1673952.415 1673862.416 1673862.572 Perimeter: 286.28 Area: 5,183 S.F. 0.12 acres Mapcheck closure -(Uses Error Closure: 0.003 Error North: 0.0002 Precision 1: 95,426.67 listed courses, radii, and deltas) course: N 85-42-57 E East : 0.0029 JUL · 9 20!J/ R\. "'.,:'.l\;'t;;p . r;."' '" ·• .,. •. ,.,,; --------------------------------------------------------------------------- Parcel name: 2 North: 182258.110 Line Course: S 89-51-20 E North: 182257.883 Line Course: s 00-08-40 w North: 182207.883 Line Course: N 89-51-20 w North: 182208.110 Line Course: N 00-08-40 E North: 182258.110 East Length: Length: Length: Length: 1673862.413 90.00 East 1673952.413 SO.DO East 1673952.287 90.00 East 1673862.287 50.00 East 1673862. 413 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) Course: S 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 3 North: 182208.110 Line Course: s 89-51-20 E North: 182207.883 Line Course: S 00-08-40 W North: 182157.883 Line course: N 89-51-20 w North: 182158.110 Line course: N 00-08-40 E East Length: Length: Length: Length: 1673862.287 90.00 East 1673952.287 SO.OD East 1673952.161 90.00 East 1673862.161 50.00 Page 1 CLOSURES 05286 North: 182208.110 East : 1673862.287 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 4 North: 182158.110 Line course: s 89-51-20 E North: 182157.883 Line course: s 00-08-40 w North: 182107.883 Line course: N 89-51-20 w North: 182108.110 Line course: N 00-08-40 E North: 182158.110 East Length: Length: Length: Length: 1673862.161 90.00 East 1673952.161 50.00 East 1673952.035 90.00 East 1673862.035 50.00 East 1673862.161 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck Closure -(Uses listed Error closure: 0.000 courses, radii , and deltas) Course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 Paree l name: 5 North: 182108.110 Line course: s 89-51-20 E North: 182107.883 Line course: s 00-08-40 w North: 182057.884 Line course: N 89-51-20 w North: 182058.110 Line course: N 00-08-40 E North: 182108.110 East Length: Length: Length: Length: 1673862.035 90.00 East 1673952.035 50.00 East 1673951. 909 90.00 East 1673861.909 50.00 East 1673862.035 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck Closure -(Uses listed Error Closure: 0.000 courses, radii, and deltas) Course: S 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 Parcel name: 6 North: 182058.110 Line course: s 89-51-20 E North: 182057.884 Line course: s 00-08-40 w North: 182007.884 East : 1673861.909 Length: 90.00 East : 1673951.909 Length: 50.00 East : 1673951.783 Page 2 Line Course: N 89-51-20 w North: 182008.111 Line course: N 00-08-40 E North: 182058.110 CLOSURES 05286 Length: 90.00 East Length: 50. 00 East 1673861. 783 1673861.909 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error Closure: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 7 North: 182008.111 Line course: S 89-51-20 E North: 182007.884 Line course: S 00-08-40 w North: 181957.884 Line course: N 89-51-20 w North: 181958.111 Line course: N 00-08-40 E North: 182008.111 East Length: Length: Length: Length: 1673861. 783 90.00 East 1673951.783 50.00 East 1673951.657 90.00 East 1673861. 657 50.00 East 1673861. 783 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error Closure: 0.000 courses, radii, and deltas) course: S 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 8 North: 181958.111 Line course: S 89-51-20 E North: 181957.884 Line Course: S 00-08-40 W North: 181907.884 Line course: N 89-51-20 w North: 181908.111 Line course: N 00-08-40 E North: 181958.111 East Length: Length: Length: Length: : 1673861. 657 90.00 East 1673951. 657 50.00 East 1673951. 531 90.00 East 1673861. 531 50.00 East 1673861. 657 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(uses listed Error closure: 0.000 Error North: 0.0000 Precision 1: 280,000,000.00 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 --------------------------------------------------------------------------- Parcel name: 9 North: 181908.111 East : 1673861.531 Line Course: S 89-51-20 E Length: 90.00 Page 3 CLOSURES 05286 North: 181907.884 East 1673951. 531 Line course: s 00-08-40 w Length: 50.00 North: 181857.884 East 1673951.405 Line Course: N 89-51-20 W Length: 90.00 North: 181858 .111 East 1673861. 405 Line Course: N 00-08-40 E Length: 50.00 North: 181908 .111 East 1673861. 531 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) Course: S 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 10 North: 181886.082 East : 1673993.476 Line course: S 89-51-20 E Length: 90.00 North: 181885.855 East 1674083.476 Line Course: s 00-08-40 w Length: 63.79 North: 181822. 066 East 1674083.315 Line Course: N 88-20-53 W Length: 56.91 North: 181823.706 East 1674026.429 curve Len 1th: 52.51 Radius: 34.00 De ta: 88-29-33 Tangent: 33.12 chord: 47.45 course: N 44-06-07 W course In: N 01-39-07 E course out: N 89-51-20 W RP North: 181857.692 East 1674027.409 End North: 181857. 778 East 1673993.409 Line Course: N 00-08-40 E Length: 28.30 North: 181886.078 East 1673993.480 Perimeter: 291.52 Area: 5,401 S.F. 0.12 acres Mapcheck closure -(Uses Error Closure: 0.006 Error North: -0.0046 Precision 1: 48,585.00 listed courses, radii, and deltas) course: s 42-03-16 E East : 0.0042 --------------------------------------------------------------------------- Parcel name: 11 North: 181936.082 Line Course: S 89-51-20 E North: 181935.855 Line course: s 00-08-40 w North: 181885.855 Line course: N 89-51-20 w North: 181886.082 Line course: N 00-08-40 E North: 181936.082 East : 1673993.602 Length: 90.00 East Length: 50. 00 East Length: 90.00 East Length: 50. 00 East 1674083.602 1674083.476 1673993.476 1673993.602 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck Closure -(Uses listed Error closure: 0.000 Error North: 0.0000 courses, radii, and deltas) course: S 90-00-00 E East : 0.0000 Page 4 CLOSURES 05286 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 12 North: 181996.082 Line course: s 89-51-20 E North: 181995.855 Line course: s 00-08-40 w North: 181935.855 Line course: N 89-51-20 w North: 181936.082 Line Course: N 00-08-40 E North: 181996.082 East Length: Length: Length: Length: 1673993. 753 90.00 East 1674083.753 60.00 East 1674083.602 90.00 East 1673993.602 60.00 East 1673993.753 Perimeter: 300.00 Area: 5,400 S.F. 0.12 acres Mapcheck Closure -(Uses listed Error Closure: 0.000 courses, radii , and deltas) Course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 300,000,000.00 Parcel name: 13 North: 182051.723 Line Course: S 89-51-20 E North: 182051.496 Line course: s 00-08-40 w North: 181995.857 Line course: N 89-51-20 w North: 181996.084 Line course: N 00-08-40 E North: 182051.723 East Length: Length: Length: Length: : 1673993.893 90.00 East 1674083.893 55.64 East 1674083.753 90.00 East 1673993.753 55.64 East 1673993.893 Perimeter: 291.28 Area: 5,008 S.F. 0.11 acres Mapcheck Closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 291,280,000.00 Parcel name: 14 North: 182101.723 Line course: s 89-51-20 E North: 182101.496 Line course: s 00-08-40 w North: 182051.496 Line Course: N 89-51-20 w North: 182051.723 Line course: N 00-08-40 E North: 182101.723 East Length: Length: Length: Length: 1673994.019 90.00 East 1674084.019 50.00 East 1674083.893 90.00 East 1673993.893 50.00 East 1673994.019 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Page 5 CLOSURES 05286 Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 15 North: 182151.723 Line Course: S 89-51-20 E North: 182151.496 Line Course: S 00-08-40 W North: 182101.496 Line course: N 89-51-20 w North: 182101.723 Line course: N 00-08-40 E North: 182151.723 East : 1673994.145 Length: 90.00 East 1674084.145 Length: 50.00 East 1674084.019 Length: 90.00 East Length: 50.00 East 1673994.019 1673994.145 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error Closure: 0.000 courses, radii , and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 16 North: 182201.723 Line Course: S 89-51-20 E North: 182201.496 Line Course: s 00-08-40 W North: 182151.496 Line Course: N 89-51-20 w North: 182151.723 Line Course: N 00-08-40 E North: 182201.723 East : Length: Length: Length: Length: 1673994.271 90.00 East 1674084. 271 50.00 East 1674084.145 90.00 East 1673994.145 50.00 East 1673994.271 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 17 North: 182251.723 Line course: s 89-51-20 E North: 182251.496 Line Course: s 00-08-40 w North: 182201.496 Line course: N 89-51-20 w North: 182201.723 Line course: N 00-08-40 E North: 182251.723 East Length: Length: Length: Length: 1673994.397 90.00 East 1674084.397 50.00 East 1674084. 271 90.00 East 1673994. 271 50.00 East 1673994. 397 Page 6 CLOSURES 05286 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) Course: S 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 18 North: 182313. 872 East 1674084.554 Line course: s 00-08-40 w Length: 62.38 North: 1822 51. 492 East 1674084.397 Line course: N 89-51-20 W Length: 90.00 North: 182251. 719 East 1673994.397 Line course: N 00-08-40 E Length: 25. 74 North: 182277. 459 East : 1673994.462 curve Lenqth: 60.69 Radius: 38.00 De ta: 91-30-43 Tangent: 39.02 chord: 54.44 Course: N 45-54-01 E course In: S 89-51-20 E Course Out: N 01-39-23 E RP North: 182277. 363 East 1674032.462 End North: 182315.347 East 1674033.560 Line Course: S 88-20-37 E Length: 51.02 North: 182313. 872 East 1674084.559 Perimeter: 289.82 Area: 5,391 S.F. 0.12 acres Mapcheck Closure -(Uses listed Error Closure: 0.005 courses, radii, and deltas) course: N 83-15-13 E East : 0.0049 Error North: 0.0006 Precision 1: 57,966.00 --------------------------------------------------------------------------- Parcel name: 19 North: 182313.872 Line course: s 88-20-37 E North: 182312.367 curve Length: 60.23 Delta: 88-29-17 chord: 54.42 course In: S 01-39-23 w RP North: 182273.383 End North: 182273.285 Line Course: s 00-08-40 w North: 182251.265 Line course: N 89-51-20 w North: 182251.492 Line course: N 00-08-40 E North: 182313.872 East : 1674084.554 Length: 52. 05 East : Radius: Tangent: Course: course Out: East East Length: 22 . 02 East Length: 90.00 1674136. 582 39.00 37.98 S 44-05-59 E S 89-51-20 E 1674135 .455 1674174.455 1674174.399 East 1674084.400 Length: 62.38 East 1674084.557 Perimeter: 286.67 Area: 5,200 S.F. 0.12 acres Mapcheck closure -(uses Error closure: 0.003 Error North: 0.0002 Precision 1: 95,560.00 listed courses, radii, and deltas) Course: N 85-42-57 E East : 0.0029 Page 7 CLOSURES 05286 --------------------------------------------------------------------------- Parcel name: 20 North: 182251.269 Line Course: s 00-08-40 w North: 182201.269 Line Course: N 89-51-20 w North: 182201.496 Line course: N 00-08-40 E North: 182251.496 Line course: s 89-51-20 E North: 182251.269 East Length: Length: Length: Length: : 1674174.397 50.00 East 1674174. 271 90.00 East 1674084. 271 50.00 East 1674084.397 90.00 East 1674174.397 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) Course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 280,000,000.00 --------------------------------------------------------------------------- Parcel name: 21 North: 182201.269 Line course: s 00-08-40 w North: 182176.609 curve Length: 28.33 Delta: 9-04-01 Chord: 28.30 course In: N 89-51-20 w RP North: 182177.061 End North: 182148.407 Line course: N 89-51-20 w North: 182148.628 Line Course: N 00-08-40 E North: 182201.498 Line Course: s 89-51-20 E North: 182201.271 East : 1674174.271 Length: 24.66 East : Radius: Tangent: Course: course Out: East East Length: 87.76 East Length: 52.87 East Length: 90.00 1674174.209 179.00 14.19 S 04-40-41 w S 80-47-19 E 1673995.209 1674171. 901 1674084.141 1674084.274 East 1674174.274 Perimeter: 283.63 Area: 4,738 S.F. 0.11 acres Mapcheck Closure -(Uses listed Error closure: 0.004 courses, radii, and deltas) course: N 63-40-01 E East : 0.0034 Error North: 0.0017 Precision 1: 70,905.00 --------------------------------------------------------------------------- Parcel name: 22 North: 182148.623 Line course: s 89-51-20 E North: 182148.401 Curve Length: 34.97 Delta: 9-04-01 chord: 34.94 Course In: s 80-47-19 E East : 1674084.138 Length: 87.76 East : 1674171.898 Radius: 221. 00 Tangent: 17.52 Course: s 04-40-41 w course Out: N 89-51-20 w Page 8 CLOSURES 05286 RP North: 182113. 024 East 1674390.048 End North: 182113. 581 East 1674169.048 Line Course: s 00-08-40 w Length: 18.19 North: 182095.391 East 1674169.002 Line course: N 89-51-20 W Length: 85.00 North: 182095.606 East 1674084.003 Line course: N 00-08-40 E Length: 53.02 North: 182148.626 East 1674084.136 Perimeter: 278.95 Area: 4,539 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.003 courses, radii, and deltas) course: N 25-24-32 w East : -0.0014 Error North: 0.0030 Precision 1: 92,980.00 --------------------------------------------------------------------------- Parcel name: 23 North: 182095.391 Line course: s 00-08-40 w North: 182042.141 Line Course: N 89-51-20 w North: 182042.355 Line Course: N 00-08-40 E North: 182095.605 Line course: s 89-51-20 E North: 182095.391 East : Length: Length: Length: Length: 1674169.006 53.25 East 1674168.871 85 .00 East 1674083.872 53.25 East 1674084.006 85.00 East 1674169.006 Perimeter: 276.50 Area: 4,526 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 276,500,000.00 --------------------------------------------------------------------------- Parcel name: 24 North: 182042.141 Line course: s 00-08-40 w North: 181988.891 Line Course: N 89-51-20 w North: 181989.105 Line Course: N 00-08-40 E North: 182042.355 Line course: s 89-51-20 E North: 182042.141 East Length: Length: Length: Length: 1674168.872 53.25 East 1674168.737 85.00 East 1674083.738 53.25 East 1674083.872 85 .00 East 1674168. 872 Perimeter: 276.50 Area: 4,526 S.F. 0.10 acres Mapcheck Closure -(Uses listed Error closure: 0.000 Error North: 0.0000 Precision 1: 276,500,000.00 courses, radii, and deltas) Course: s 90-00-00 E East : 0.0000 --------------------------------------------------------------------------- Page 9 Parcel name: 25 North: 181988.891 Line course: s 00-08-40 w North: 181935.641 Line Course: N 89-51-20 w North: 181935.855 Line Course: N 00-08-40 E North: 181989.105 Line course: s 89-51-20 E North: 181988.891 CLOSURES 05286 East : 1674168.737 Length: 53.25 East 1674168.603 Length: 85.00 East 1674083.603 Length: 53.25 East 1674083.738 Length: 85.00 East 1674168.737 Perimeter: 276.50 Area: 4,526 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 276,500,000.00 --------------------------------------------------------------------------- Parcel name: 26 North: 181935.641 Line Course: s 00-08-40 w North: 181881.851 Line Course: N 89-51-20 w North: 181882.066 Line Course: N 00-08-40 E North: 181935.855 Line course: s 89-51-20 E North: 181935.641 East Length: Length: Length: Length: 1674168.603 53.79 East 1674168.468 85.00 East 1674083.468 53.79 East 1674083.604 85 .00 East 1674168.603 Perimeter: 277.58 Area: 4,572 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) Course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 277,580,000.00 --------------------------------------------------------------------------- Parcel name: 27 North: 181881.852 Line Course: s 00-08-40 w North: 181854.522 curve Length: 54.30 oe lta: 91-30-27 chord: 48.71 course In: N 89-51-20 w RP North: 181854.608 End North: 181820.622 Line Course: N 88-22-05 w North: 181822.049 Line course: N 00-08-40 E North: 181882.069 Line course: s 89-51-20 E North: 181881.855 East : 1674168.468 Length: 27.33 East : Radius: Tangent: course: course Out: East East Length: 50.12 East Length: 60.02 East Length: 85.00 1674168.399 34.00 34.91 s 45-53-53 w s 01-39-07 w 1674134. 399 1674133. 419 1674083.319 1674083.470 East 1674168.470 Peri meter: 276. 78 Area: 4,932 S.F. 0.11 acres Page 10 CLOSURES 05286 Mapcheck Closure -(Uses listed Error Closure: 0.004 courses, radii , and deltas) course: N 40-46-33 E East : 0.0024 Error North: 0.0028 Precision 1: 69,192.50 --------------------------------------------------------------------------- Parcel name: 28 North: 181781.255 Line course: S 01-39-07 w North: 181691.293 Line course: N 88-20-53 w North: 181692.734 Line course: N 01-39-07 E North: 181790.583 curve Length: 34.94 Delta: 26-20-25 Chord: 34. 63 course In: N 27-59-32 E RP North: 181857.692 End North: 181781.724 Line course: s 88-20-53 E North: 181781.254 East : 1674041.486 Length: 90.00 East Length: 50. 00 East Length: 97.89 East : Radius: Tangent: Course: course Out: East East Length: 16. 28 East 1674038.891 1673988.912 1673991. 734 76.00 17.78 S 75-10-41 E s 01-39-07 w 1674027. 405 1674025.214 1674041. 487 Perimeter: 289.11 Area: 4,587 S.F. 0.11 acres Mapcheck closure -(uses listed Error closure: 0.001 courses, radii, and deltas) Course: s 59-20-28 E East : 0.0013 Error North: -0.0008 Precision 1: 289,110.00 --------------------------------------------------------------------------- Parcel name: 29 North: 181689.851 Line course: N 88-20-53 w North: 181691.293 Line Course: N 01-39-07 E North: 181781.255 Line Course: S 88-20-53 E North: 181779.814 Line Course: s 01-39-07 w North: 181689.851 East Length: Length: Length: Length: 1674088.871 50.00 East 1674038.891 90.00 East 167 4041. 486 50.00 East 1674091.465 90.00 East 1674088.871 Perimeter: 280.00 Area: 4,500 S.F. 0.10 acres Mapcheck closure -(Uses listed Error closure: 0.000 Error North: 0.0000 Precision 1: 280,000,000.00 courses, radii, and deltas) course: S 90-00-00 E East : 0.0000 --------------------------------------------------------------------------- Parcel name: 30 North: 181688.410 East : 1674138.850 Line course: N 88-20-53 w Length: 50.00 Page 11 CLOSURES 05286 North: 181689.851 East 1674088.871 Line Course: N 01-39-07 E Length: 90.00 North: 181779. 814 East : 1674091. 465 Line Course: S 88-20-53 E Length: 40.76 North: 181778. 639 East 1674132. 208 curve Len 1th: 9.26 Radius: 76.00 De ta: 6-59-00 Tangent: 4.64 Chord: 9.26 Course: N 88-09-37 E course In: N 01-39-07 E course out: S 05-19-53 E RP North: 181854.607 East 1674134. 399 End North: 181778.936 East 1674141. 461 Line course: s 01-39-07 w Length: 90.56 North: 181688.414 East 1674138. 850 Perimeter: 280.59 Area: 4,502 S.F. 0.10 acres Mapcheck Closure -(Uses listed Error closure: 0.004 courses, radii, and deltas) Course: N 03-33-55 E East : 0.0002 Error North: 0.0038 Precision 1: 70,145.00 --------------------------------------------------------------------------- Parcel name: 31 North: 181686.969 Line Course: N 88-20-53 w North: 181688.410 Line Course: N 01-39-07 E North: 181778.932 curve Length: 38.02 Delta: 28-39-52 chord: 37.63 Course In: N 05-19-53 w RP North: 181854.603 End North: 181791.594 curve Length: 18.12 Delta: 20-45-51 Chord: 18.02 Course In: N 45-59-39 E RP North: 181826.330 End North: 181781.100 Line course: s 01-39-07 w North: 181686.969 East : 1674188.829 Length: 50.00 East : Length: 90.56 East : Radius: Tangent: Course: course out: East : East : Radius: Tangent: course: course out: East East Length: 94.17 East 1674138. 850 1674141.460 76.00 19.42 N 70-20-11 E S 33-59-45 E 1674134. 399 1674176.893 50.00 9.16 S 54-23-16 E 5 25-13-48 w 1674212.856 1674191. 544 1674188.829 Perimeter: 290.88 Area: 4,828 S.F. 0.11 acres Mapcheck Closure -(Uses listed Error Closure: 0.001 courses, radii, and deltas) Course: N 02-50-58 w East : -0.0000 Error North: 0.0005 Precision 1: 290,870.00 --------------------------------------------------------------------------- Parcel name: 32 North: 181685.527 Line course: N 88-20-53 w North: 181686.969 Line Course: N 01-39-07 E North: 181781.099 East : 1674238.808 Length: 50.00 East : 1674188.829 Length: 94.17 East : 1674191.544 Page 12 CLOSURES 05286 curve Len 1th: 18 .12 Radius: SO.DO oe ta: 20-45-51 Tangent: 9.16 chord: 18.02 course: N 54-23-16 w course In: N 25-13-48 E course out: s 45-59-39 w RP North: 181826.330 East 1674212.856 End North: 181791. 593 East 1674176.893 curve Len 1th: 26.13 Radius: 76.00 De ta: 19-41-53 Tangent: 13 .19 chord: 26.00 course: N 46-09-18 E Course In: N 33-59-45 w Course Out: S 53-41-38 E RP North: 181854.603 East 1674134. 399 End North: 181809.603 East 1674195. 645 Curve Lenrh: 18. 50 Radius: 24.00 De ta: 44-10-05 Tangent: 9.74 chord: 18.05 Course: S 66-15-50 E Course In: N 45-49-12 E course Out: S 01-39-07 w RP North: 181826.329 East 1674212.856 End North: 181802.339 East : 1674212.164 Line course: S 88-20-53 E Length: 30.00 North: 181801. 475 East : 1674242.152 Line Course: S 01-39-07 W Length: 116.00 North: 181685.523 East : 1674238.808 Perimeter: 352.92 Area: 6,031 S.F. 0.14 acres Mapcheck closure -(Uses Error closure: 0.004 Error North: -0.0044 Precision 1: 88,230.00 listed courses, radii, and deltas) course: s 03-59-13 w East : -0.0003 --------------------------------------------------------------------------- Parcel name: 33 North: 181684.086 Line course: N 88-20-53 w North: 181685.527 Line course: N 01-39-07 E North: 181801.479 Line course: s 88-20-53 E North: 181800.038 Line course: s 01-39-07 w North: 181684.086 East ; Length: Length: Length: Length: 1674288.787 50.00 East ; 1674238.808 116.00 East 1674242.152 50.00 East : 1674292 .131 116.00 East ; 1674288.787 Perimeter: 332.00 Area: 5,800 S.F. 0.13 acres Mapcheck Closure -(Uses listed Error closure: 0.000 courses, radii , and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 332,000,000.00 --------------------------------------------------------------------------- Parcel name: 34 North: 181682.644 Line Course: N 88-20-53 W North: 181684.086 Line course: N 01-39-07 E North: 181800.038 Line course: s 88-20-53 E East : 1674338.767 Length: 50.00 East : 1674288.787 Length: 116.00 Length: 1674292 .131 East : 29.02 Page 13 CLOSURES 05286 North: 181799.201 East 1674321.139 Line Course: S 01-39-15 w Length: 4.00 North: 181795.203 East 1674321. 024 Line course: s 88-20-53 E Length: 20.98 North: 181794. 598 East 1674341. 995 Line course: s 01-39-07 w Length: 112.00 North: 181682.644 East : 1674338.766 Perimeter: 332.00 Area: 5,716 S.F. 0.13 acres Mapcheck closure -(Uses listed Error Closure: 0.000 courses, radii , and deltas) course: N 88-20-49 w East : -0. 0002 Error North: 0.0000 Precision 1: 332,000,000.00 --------------------------------------------------------------------------- Paree l name: 35 North: 181708.240 East : 1674491. 924 Line course: s 00-10-56 w Length: 30.01 North: 181678.230 East : 1674491. 828 Line course: N 88-20-53 W Length: 153 .13 North: 181682.644 East : 1674338.762 Line course: N 01-39-07 E Length: 112.00 North: 181794. 598 East 1674341. 991 Line course: S 88-20-53 E Length: 50. 22 North: 181793.150 East : 1674392.190 Line Course: s 00-10-56 w Length: 82.03 North: 181711.121 East : 1674391. 929 Line Course: S 88-20-53 E Length: 100.03 North: 181708.237 East 1674491. 917 Perimeter: 527.41 Area: 8,786 S.F. 0.20 acres Mapcheck closure -(Uses Error closure: 0.007 Error North: -0.0030 Precision 1: 75,345.71 listed courses, radii, and deltas) Course: S 65-13-58 w East : -0.0064 --------------------------------------------------------------------------- Parcel name: 36 North: 181892.010 Line course: s 88-20-45 E North: 181890.472 Line Course: S 01-39-15 w North: 181799.200 Line course: N 88-20-53 w North: 181800.736 Line course: N 01-39-15 E North: 181892.008 East : Length: Length: Length: Length: 1674270. 507 53.29 East 1674323.774 91. 31 East 1674321.139 53.29 East 1674267.871 91.31 East 1674270.507 Perimeter: 289.20 Area: 4,866 S.F. 0.11 acres Mapcheck closure -(uses listed Error Closure: 0.002 Error North: -0.0021 Precision 1: 144,600.00 courses, radii, and deltas) Course: S 01-39-11 W East : -0.0001 Page 14 CLOSURES 05286 --------------------------------------------------------------------------- Parcel name: 37 North: 181800.737 Line course: N 88-20-53 w North: 181802.344 curve Length: 18.50 Delta: 44-10-05 Chord: 18.05 Course In: N 01-39-07 E RP North: 181826.334 End North: 181809.608 curve Length: 47.97 Delta: 36-09-42 chord: 47.17 Course In: N 53-41-38 W RP North: 181854.607 End North: 181854.416 Line course: N 00-08-40 E North: 181893.746 Line course: s 88-20-45 E North: 181892.013 Line course: s 01-39-15 w North: 181800.741 East : 1674267.871 Length: 55. 73 East : Radius: Tangent: course: course Out: East : East : Radius: Tangent: Course: course out: East East Length: 39.33 1674212.164 24.00 9.74 N 66-15-50 W S 45-49-12 w 1674212.856 1674195.644 76.00 24.81 N 18-13-31 E S 89-51-20 E 1674134.398 1674210. 398 East 1674210.497 Length: 60.03 East 1674270.502 Length: 91.31 East 1674267.866 Perimeter: 312.87 Area: 5,649 S.F. 0.13 acres Mapcheck Closure -(Uses Error closure: 0.006 Error North: 0.0036 Precision 1: 52,145.00 listed courses, radii, and deltas) Course: N 49-55-19 w East : -0.0043 --------------------------------------------------------------------------- Parcel name: 38 North: 181976.975 Line Course: s 01-39-15 w North: 181892.010 Line course: N 88-20-45 w North: 181893.743 Line course: N 00-08-40 E North: 181939.753 Curve Length: 60.69 Delta: 91-30-35 Chord: 54. 44 Course In: s 89-51-20 E RP North: 181939.657 End North: 181977.641 Line Course: s 88-20-45 E North: 181976.970 East : 1674272.960 Length: 85.00 East Length: 60.03 East Length: 46.01 East : Radius: Tangent: Course: course Out: East East Length: 23.26 East 1674270.507 1674210. 502 1674210.618 38.00 39.01 N 45-53-57 E N 01-39-15 E 1674248.618 1674249.714 1674272.965 Perimeter: 275.00 Area: 4,869 S.F. 0.11 acres Mapcheck closure -(uses Error Closure: 0.007 Error North: -0.0049 Precision 1: 39,284.29 listed courses, radii , and deltas) course: s 42-08-11 E East : 0.0045 Page 15 CLOSURES 05286 --------------------------------------------------------------------------- Parcel name: 39 North: 181975.436 Line Course: S 01-39-15 w North: 181890.472 Line course: N 88-20-45 w North: 181892.010 Line course: N 01-39-15 E North: 181976.975 Line course: S 88-20-45 E North: 181975.436 East Length: Length: Length: Length: 1674326. 228 85 .00 East 1674323. 774 53.29 East 1674270. 507 85 .00 East 1674272.960 53.29 East 1674326. 228 Perimeter: 276.58 Area: 4,530 S.F. 0.10 acres Mapcheck closure -(Uses listed Error Closure: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 276,580,000.00 --------------------------------------------------------------------------- Parcel name: 40 North: 181975.436 Line Course: S 88-20-45 E North: 181973.898 Line course: S 01-39-15 w North: 181888.933 Line course: N 88-20-45 w North: 181890.472 Line course: N 01-39-15 E North: 181975.436 East Length: Length: Length: Length: 1674326. 228 53.29 East 1674379.496 85 .00 East 1674377.042 53.29 East 1674323. 774 85.00 East 1674326. 228 Perimeter: 276.58 Area: 4,530 S.F. 0.10 acres Mapcheck Closure -(Uses listed Error closure: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 276,580,000.00 --------------------------------------------------------------------------- Parcel name: 41 North: 181973.898 Line course: s 88-20-45 E North: 181972.360 Line course: s 01-39-15 w North: 181887.395 Line course: N 88-20-45 w North: 181888.933 Line Course: N 01-39-15 E North: 181973.898 East Length: Length: Length: Length: : 1674379.496 53.29 East 1674432.764 85.00 East 1674430. 310 53.29 East 1674377.042 85.00 East 1674379.496 Perimeter: 276.58 Area: 4,530 S.F. 0.10 acres Mapcheck closure -(Uses Error closure: 0.000 Error North: 0.0000 listed courses, radii, and deltas) Course: s 90-00-00 E East : 0.0000 Page 16 CLOSURES 05286 Precision 1: 276,580,000.00 --------------------------------------------------------------------------- Parcel name: 42 North: 181972.360 Line course: s 88-20-45 E North: 181971.330 curve Length: 38.63 Delta: 88-31-41 chord: 34.90 course In: s 01-39-15 w RP North: 181946.341 End North: 181946.261 Line course: s 00-10-56 w North: 181885.602 Line course: N 88-20-45 w North: 181887.397 Line course: N 01-39-15 E North: 181972.362 East : 1674432.764 Length: 35. 65 East : Radius: Tangent: Course: course Out: East East Length: 60.66 1674468.399 25 .00 24. 37 S 44-04-54 E S 89-49-04 E 1674467.677 1674492.677 East 1674492.484 Length: 62.20 East 1674430.310 Length: 85.00 East 1674432.764 Perimeter: 282.15 Area: 5,068 S.F. 0.12 acres Mapcheck closure -(Uses listed Error closure: 0.002 courses, radii, and deltas) Course: N 00-23-21 E East : 0.0000 Error North: 0.0022 Precision 1: 141,070.00 --------------------------------------------------------------------------- Parcel name: 43 North: 182111.397 Line course: s 88-20-41 E North: 182109.664 Line course: s 00-10-22 w North: 182016.985 Line Course: N 88-20-45 W North: 182018.786 Line Course: N 01-39-15 E North: 182111.397 East Length: Length: Length: Length: 1674282.933 60.00 East 1674342.908 92.68 East 1674342.628 62.40 East 1674280.254 92.65 East 1674282.929 Perimeter: 307.74 Area: 5,670 S.F. 0.13 acres Mapcheck closure -(Uses listed Error Closure: 0.004 courses, radii, and deltas) course: s 88-58-45 w East : -0.0040 Error North: -0.0001 Precision 1: 76,932.50 --------------------------------------------------------------------------- Parcel name: 44 North: 182111.397 Line Course: S 01-39-15 W North: 182018.786 Line course: N 88-20-44 w North: 182019.695 Curve Length: 60.23 East : 1674282.933 Length: 92.65 Length: East : 31.48 East : Radius: Page 1674280.259 1674248.792 39.00 17 CLOSURES 05286 Delta: 88-29-25 Tangent: 37.99 chord: 54.42 Course: N 44-06-03 W Course In: N 01-39-15 E course Out: N 89-51-20 W RP North: 182058.679 East 1674249.917 End North: 182058. 777 East 1674210.918 Line Course: N 00-08-40 E Length: 54.70 North: 182113. 477 East 1674211. 055 Line course: S 88-20-40 E Length: 71. 91 North: 182111. 399 East 1674282.935 Perimeter: 310.99 Area: 6,243 S.F. 0.14 acres Mapcheck Closure -(Uses listed Error closure: 0.003 courses, radii, and deltas) course: N 52-59-07 E East : 0.0024 Error North: 0.0018 Precision 1: 103,656.67 --------------------------------------------------------------------------- Parcel name: 45 North: 182111.397 Line course: s 88-20-41 E North: 182109.664 Line Course: s 00-10-22 w North: 182016.985 Line Course: N 88-20-45 w North: 182018.786 Line course: N 01-39-15 E North: 182111.397 East : Length: Length: Length: Length: 1674282.933 60.00 East 1674342.908 92.68 East 1674342.628 62.40 East 1674280.254 92.65 East 1674282.929 Perimeter: 307.74 Area: 5,670 S.F. 0.13 acres Mapcheck Closure -(Uses Error Closure: 0.004 Error North: -0.0001 Precision 1: 76,932.50 listed courses, radii, and deltas) Course: s 88-58-45 w East : -0.0040 --------------------------------------------------------------------------- Parcel name: 46 North: 182323.862 Line course: s 01-39-23 w North: 182230.201 Line course: N 89-51-20 w North: 182230.352 Line course: N 00-08-40 E North: 182273.142 curve Length: 59.26 Delta: 77-10-04 chord: 54.88 Course In: 5 89-51-20 E RP North: 182273.031 End North: 182315.957 curve Length: 19.98 Delta: 5-10-45 chord: 19.98 course In: N 12-41-16 w RP North: 182531.619 End North: 182321.220 East : 1674279.052 Length: 93.70 East 1674276.344 Length: 60.00 East 1674216.344 Length: 42.79 East : 1674216.452 Radius: 44.00 Tangent: 3 5 . 10 Course: N 38-43-42 E course Out: N 12-41-16 w East : 1674260.452 East : 1674250.788 Radi US: 221. 06 Tangent: 10.00 Course: N 74-43-21 E course out: s 17-52-01 E East : 1674202.235 East : 1674270.058 Page 18 curve Length: Delta: Chord: Course In: RP North: End North: 9.37 3-00-02 9.37 S 17-52-01 E 182150.853 182323.862 CLOSURES 05286 Radius: 179.00 Tangent: 4.69 Course: N 73-38-00 E Course Out: N 14-51-59 w East : 1674324.976 East : 1674279.051 Perimeter: 285.11 Area: 4,971 S.F. 0.11 acres Mapcheck Closure -(Uses listed Error closure: 0.002 courses, radii, and deltas) Course: S 73-38-48 w East : -0.0016 Error North: -0.0005 Precision 1: 142,550.00 Parcel name: 47 North: 182329. 779 Line course: 5 01-39-23 W North: 182244. 42 5 Line course: N 88-20-37 W North: 182244. 714 Line course: s 00-10-56 W North: 182230.094 Line Course: N 89-51-20 W North: 182230 .198 Line Course: N 01-39-23 E North: 182323.859 Curve Len 1th: 51. 62 De ta: 16-31-22 Chord: 51.44 East 1674330.152 Length: 85.39 East 1674327.684 Length: 10.00 East 1674317.688 Length: 14 .62 East 1674317.641 Length: 41. 30 East 1674276.341 Length: 93.70 East 1674279.050 Radius: 179.00 Tangent: 25. 99 course: N 83-23-42 E Course In: S 14-51-59 E course Out: N 01-39-23 E RP North: 182150.850 East : 1674324.975 End North: 182329. 776 East : 1674330.149 Perimeter: 296.62 Area: 4,845 S.F. 0.11 acres Mapcheck closure -(Uses Error Closure: 0.004 Error North: -0.0033 Precision 1: 74,157.50 listed courses, radii, and deltas) Course: s 38-26-44 w East : -0.0026 Parcel name: 48 North: 182329.779 Line course: s 88-20-37 E North: 182328.247 Line course: s 01-39-23 w North: 182242.893 Line Course: N 88-20-37 w North: 182244.425 Line course: N 01-39-23 E North: 182329.779 East : Length: Length: Length: Length: 1674330.152 53.00 East 1674383 .130 85.39 East 1674380.661 53.00 East 1674327.684 85.39 East 1674330.152 Perimeter: 276.78 Area: 4,526 S.F. 0.10 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error closure: 0.000 course: s 90-00-00 E Page 19 Error North: 0.0000 Precision 1: 276,780,000.00 CLOSURES 05286 East : 0.0000 --------------------------------------------------------------------------- Parcel name: 49 North: 182328.247 Line Course: S 88-20-37 E North: 182326.715 Line course: s 01-39-23 w North: 182241.361 Line course: N 88-20-37 w North: 182242.893 Line course: N 01-39-23 E North: 182328.247 East : 1674383.130 Length: 5 3. 00 East 1674436.108 Length: 85.39 East 1674433.639 Length: 53. 00 East 1674380.661 Length: 85.39 East 1674383.130 Perimeter: 276.78 Area: 4,526 S.F. 0.10 acres Mapcheck Closure -(Uses listed Error closure: 0.000 courses, radii , and deltas) Course: S 90-00-00 E East : 0.0000 Error North: 0.0000 Precision 1: 276,780,000.00 --------------------------------------------------------------------------- Paree l name: 50 North: 182326.715 East 1674436.108 Line Course: S 88-20-37 E Length: 33.44 North: 182325.748 East 1674469.534 curve Len 1th: 38.63 Radius: 25 .00 oe ta: 88-31-33 Tangent: 24.36 chord: 34.90 Course: S 44-04-50 E Course In: s 01-39-23 w course Out: S 89-49-04 E RP North: 182300.759 East 1674468.811 End North: 182300.679 East 1674493.811 Line course: s 00-10-56 w Length: 61.05 North: 182239. 629 East 1674493.617 Line course: N 88-20-37 W Length: 60.00 North: 182241. 364 East 1674433.642 Line course: N 01-39-23 E Length: 85.39 North: 182326.718 East 1674436.110 Perimeter: 278.51 Area: 4,903 S.F. 0.11 acres Mapcheck closure -(Uses listed Error Closure: 0.004 courses, radii, and deltas) course: N 36-10-15 E East : 0.0024 Error North: 0.0033 Precision 1: 69,627.50 --------------------------------------------------------------------------- Parcel name: 51 North: 181885.599 Line course: s 00-10-56 w North: 181790.270 Line course: N 88-20-53 w North: 181795.206 East : 1674492.488 Length: 95. 33 East : 1674492.185 Length: 171. 23 East : 1674321.026 Page 20 Line course: N 01-39-15 E North: 181890.476 Line course: s 88-20-45 E North: 181885.604 CLOSURES 05286 Length: 95. 31 East : 1674323.777 Length: 168.78 East : 1674492.487 Perimeter: 530.66 Area: 16,203 S.F. 0.37 acres Mapcheck Closure -(Uses Error closure: 0.005 Error North: 0.0048 Precision 1: 106,130.00 listed courses, radii, and deltas) course: N 12-30-29 w East : -0.0011 --------------------------------------------------------------------------- Parcel name: BOUNDARY North: 182355.303 East : 1673862.658 Line Course: S 88-20-37 E Length: 631. 53 North: 182337.048 East 1674493.924 Line Course: s 00-10-56 w Length: 97.42 North: 182239.629 East : 1674493.614 Line course: N 88-20-37 W Length: 176.00 North: 182244.716 East 1674317.688 Line Course: s 00-10-56 w Length: 67.29 North: 182177.427 East 1674317.474 Line course: N 88-20-41 W Length: 94.70 North: 182180.162 East 1674222. 813 Line course: s 00-09-48 w Length: 67.02 North: 182113 .142 East 1674222. 622 Line course: S 88-20-41 E Length: 120. 33 North: 182109.666 East : 1674342.902 Line course: s 00-10-22 w Length: 97.69 North: 182011. 977 East 1674342.607 Line course: s 88-20-45 E Length: 150.33 North: 182007.637 East 1674492.875 Line course: s 00-10-56 w Length: 217.37 North: 181790. 268 East 1674492.183 Line Course: N 88-20-53 W Length: 100.03 North: 181793.152 East 1674392.195 Line course: s 00-10-56 W Length: 82.03 North: 181711.123 East 1674391. 934 Line course: S 88-20-53 E Length: 100.03 North: 181708.239 East 1674491. 922 Line course: s 00-10-56 w Length: 30.01 North: 181678. 229 East 1674491. 827 Line Course: N 88-20-53 W Length: 631. 09 North: 181696 .422 East 1673860.999 Line Course: N 00-08-40 E Length: 658.88 North: 182355.300 East 1673862.660 Perimeter: 3321.75 Area: 362,942 S.F. 8.33 acres Mapcheck closure -(Uses listed Error Closure: 0.004 Error North: -0.0030 Precision 1: 830,437.50 courses, radii, and deltas) Course: s 39-41-27 E East : 0.0025 --------------------------------------------------------------------------- Parcel name: EXTERIOR ROW Page 21 CLOSURES 05286 North: 182337.048 East : 1674493.924 Line Course: S 00-10-56 w Length: 36.37 North: 182300.678 East 1674493.808 curve Len 1th: 38.63 Radius: 25 .00 De ta: 88-31-33 Tangent: 24.36 Chord: 34.90 Course: N 44-04-50 W course In: N 89-49-04 W Course Out: N 01-39-23 E RP North: 182300.758 East : 1674468.808 End North: 182325.747 East : 1674469. 531 Line Course: N 88-20-37 W Length: 139. 44 North: 182329. 778 East : 1674330.149 curve Len 1th: 60.99 Radius: 179.00 De ta: 19-31-24 Tangent: 30.80 chord: 60.70 course: s 81-53-41 w Course In: s 01-39-23 w Course out: N 17-52-01 W RP North: 182150.852 East 1674324.975 End North: 182321. 220 East : 1674270.057 curve Lenrh: 19.98 Radius: 221. 06 De ta: 5-10-45 Tangent: 10.00 chord: 19.98 Course: S 74-43-21 W Course In: N 17-52-01 w course out: S 12-41-16 E RP North: 182531.618 East 1674202.234 End North: 182315. 956 East 1674250.787 curve Lenrh: 59. 26 Radius: 44.00 De ta: 77-10-04 Tangent: 35.10 chord: 54.88 Course: s 38-43-42 w Course In: S 12-41-16 E Course out: N 89-51-20 W RP North: 182273. 031 East 1674260.451 End North: 182273.142 East : 1674216.451 Line course: s 00-08-40 w Length: 96.64 North: 182176. 502 East 1674216.208 Curve Lenrh: 34.97 Radius: 221. 00 De ta: 9-04-01 Tangent: 17.52 chord: 34.94 Course: S 04-40-41 w Course In: N 89-51-20 W Course Out: S 80-47-19 E RP North: 182177.059 East : 1673995.208 End North: 182141. 682 East : 1674213. 358 curve Lenrh: 28.33 Radius: 179.00 De ta: 9-04-01 Tangent: 14.19 Chord: 28.30 course: S 04-40-41 W Course In: S 80-47-19 E Course out: N 89-51-20 W RP North: 182113. 028 East 1674390.050 End North: 182113. 479 East 1674211. 051 Line course: s 00-08-40 w Length: 54.70 North: 182058.779 East 1674210. 913 curve Len 1th: 60. 23 Radius: 39.00 De ta: 88-29-25 Tangent: 37.99 chord: 54.42 Course: S 44-06-03 E course In: S 89-51-20 E Course Out: s 01-39-15 w RP North: 182058.681 East 1674249. 913 End North: 182019.697 East 1674248.787 Line course: s 88-20-45 E Length: 93.88 North: 182016.987 East 1674342.628 Line Course: s 00-10-22 w Length: 5 .00 North: 182011. 987 East 1674342. 613 Line course: S 88-20-45 E Length: 150.33 North: 182007.648 East : 1674492.880 Line Course: s 00-10-56 w Length: 61. 38 North: 181946.268 East 1674492.685 curve Lenrh: 38.63 Radius: 25 .00 De ta: 88-31-41 Tangent: 24.37 chord: 34.90 Course: N 44-04-54 w course In: N 89-49-04 W course Out: N 01-39-15 E Page 22 CLOSURES 05286 RP North: 181946.348 East 1674467.685 End North: 181971.337 East : 1674468.407 Line course: N 88-20-45 W Length: 218.78 North: 181977. 653 East 1674249.718 curve Len 1th: 60.69 Radius: 38.00 De ta: 91-30-35 Tangent: 39.01 Chord: 54.44 Course: S 45-53-57 w course In: S 01-39-15 w Course out: N 89-51-20 W RP North: 181939.669 East 1674248.621 End North: 181939.764 East : 1674210. 621 Line course: s 00-08-40 w Length: 85.34 North: 181854.425 East 1674210.406 Curve Lenrh: 121. 38 Radius: 76.00 De ta: 91-30-27 Tangent: 78.03 Chord: 108.88 course: S 45-53-53 w course In: N 89-51-20 W Course Out: s 01-39-07 w RP North: 181854.616 East : 1674134. 406 End North: 181778. 648 East : 1674132. 215 Line Course: N 88-20-53 W Length: 107 .04 North: 181781. 734 East 1674025.220 curve Lenrh: 117.38 Radius: 76.00 De ta: 88-29-33 Tangent: 74.03 chord: 106.06 course: N 44-06-07 W Course In: N 01-39-07 E Course Out: N 89-51-20 W RP North: 181857.702 East : 1674027.411 End North: 181857.894 East : 1673951. 411 Line Course: N 00-08-40 E Length: 421.82 North: 182279. 712 East 1673952.474 Curve Lenrh: 60.23 Radius: 39.00 De ta: 88-29-17 Tangent: 37.98 chord: 54.42 Course: N 44-05-59 W course In: N 89-51-20 w Course Out: N 01-39-23 E RP North: 182279. 811 East 1673913. 474 End North: 182318. 794 East 1673914.602 Line course: N 88-20-37 W Length: 52.05 North: 182320.299 East 1673862. 573 Line course: N 00-08-40 E Length: 21.01 North: 182341. 309 East 1673862.626 Line course: N 00-08-40 E Length: 14.00 North: 182355.309 East 1673862.662 Line Course: 5 88-20-37 E Length: 631. 53 North: 182337.054 East : 1674493.928 Perimeter: 2890.02 Area: 166,030 5.F. 3.81 acres Mapcheck Closure -(Uses listed Error closure: 0.007 courses, radii, and deltas) course: N 31-25-24 E East : 0.0038 Error North: 0.0062 Precision 1: 412,858.57 --------------------------------------------------------------------------- Parcel name: INTERIOR ROW North: 182315.346 Line Course: s 88-20-37 E North: 182312.367 Curve Length: 60.23 Delta: 88-29-17 chord: 54. 42 Course In: s 01-39-23 w RP North: 182273.383 East : 1674033.560 Length: 103.06 East : 1674136.577 Radius: 39.00 Tangent: 37.98 Course: s 44-05-59 E course Out: s 89-51-20 E East : 1674135.450 Page 23 CLOSURES 05286 End North: 182273. 285 East 1674174.450 Line course: s 00-08-40 w Length: 96.68 North: 182176.605 East 1674174.206 Curve Len 1th: 28.33 Radius: 179.00 De ta: 9-04-01 Tangent: 14.19 chord: 28.30 Course: S 04-40-41 w course In: N 89-51-20 W course Out: S 80-47-19 E RP North: 182177 .057 East : 1673995. 207 End North: 182148.403 East 1674171. 898 curve Len 1th: 34.97 Radius: 221.00 De ta: 9-04-01 Tangent: 17.52 chord: 34.94 course: S 04-40-41 w course In: S 80-47-19 E course out: N 89-51-20 W RP North: 182113.026 East : 1674390.049 End North: 182113.583 East : 1674169.049 Line course: s 00-08-40 w Length: 259.06 North: 181854.524 East 1674168.396 Curve Lenrh: 54.30 Radius: 34.00 De ta: 91-30-27 Tangent: 34.91 chord: 48.71 Course: S 45-53-53 W course In: N 89-51-20 w Course Out: S 01-39-07 w RP North: 181854.609 East 1674134. 396 End North: 181820.624 East : 1674133 .416 Line course: N 88-20-53 W Length: 107.04 North: 181823.709 East 1674026.421 Curve Len 1th: 52.51 Radius: 34.00 De ta: 88-29-33 Tangent: 33.12 Chord: 47.45 course: N 44-06-07 W Course In: N 01-39-07 E course out: N 89-51-20 W RP North: 181857.695 East 1674027.401 End North: 181857.781 East 1673993.401 Line course: N 00-08-40 E Length: 419.68 North: 182277. 460 East 1673994.459 Curve Lenrh: 60.69 Radius: 38.00 De ta: 91-30-43 Tangent: 39.02 chord: 54.44 course: N 45-54-01 E Course In: s 89-51-20 E Course out: N 01-39-23 E RP North: 182277. 364 East 1674032.459 End North: 182315. 348 East 1674033.557 Perimeter: 1276.56 Area: 85,759 S.F. 1.97 acres Mapcheck Closure -(Uses listed Error Closure: 0.004 courses, radii , and de 1 tas) course: N 62-10-19 w East : -0.0033 Error North: 0.0017 Precision 1: 319,137.50 --------------------------------------------------------------------------- Parcel name: JUD-EASEMENT North: 181802.344 East 1674212.165 Line Course: S 88-20-53 E Length: 80.00 North: 181800.038 East 1674292 .131 Line course: s 01-39-07 w Length: 26.00 North: 181774. 048 East 1674291.382 Line Course: N 88-20-53 W Length: 80.00 North: 181776. 355 East : 1674211.415 Curve Lenrh: 38.70 Radius: 50.00 De ta: 44-20-32 Tangent: 20.38 Chord: 37.74 course: N 66-10-37 w Course In: N 01-39-07 E Course Out: S 45-59-39 w Page 24 CLOSURES 05286 RP North: 181826.334 East 1674212.857 End North: 181791.597 East 1674176.893 Curve Lenrh: 26.13 Radius: 76.00 De ta: 19-41-53 Tangent: 13.19 chord: 26.00 course: N 46-09-18 E Course rn: N 33-59-45 W course Out: S 53-41-38 E RP North: 181854.607 East : 1674134. 399 End North: 181809.608 East 1674195. 645 curve Len 1th: 18. 50 Radius: 24.00 oe ta: 44-10-05 Tangent: 9.74 Chord: 18.05 course: S 66-15-50 E Course In: N 45-49-12 E course out: s 01-39-07 w RP North: 181826.334 East 1674212.856 End North: 181802.344 East 1674212.165 Perimeter: 269.33 Area: 2,804 S.F. 0.06 acres --------------------------------------------------------------------------- Parcel name: TRACT A North: 181692.734 Line course: N 88-20-53 w North: 181696.423 Line Course: N 00-08-40 E North: 181858.113 Line Course: S 89-51-20 E North: 181857.886 curve Length: 82.44 Delta: 62-09-08 chord: 78.46 course In: s 89-51-20 E RP North: 181857.694 End North: 181790.585 Line course: s 01-39-07 w North: 181692.736 East : 1673988.912 Length: 127.97 East : 1673860.995 Length: 161.69 East : 1673861.403 Length: 90.00 East : Radius: Tangent: Course: Course Out: East East Length: 97.89 East 1673951.403 76.00 45.80 S 30-55-54 E S 27-59-32 w 1674027.402 1673991. 732 1673988.910 Perimeter: 559.99 Area: 19,258 S.F. 0.44 acres Mapcheck closure -(Uses listed Error Closure: 0.003 courses, radii, and deltas) course: N 51-22-44 w East : -0.0024 Error North: 0.0019 Precision 1: 186,663.33 --------------------------------------------------------------------------- Parcel name: TRACT B North: 182180.163 Line Course: S 00-09-48 W North: 182113.143 Line course: N 88-20-41 w North: 182113.478 curve Length: 28.33 Delta: 9-04-01 chord: 28.30 Course In: 5 89-51-20 E RP North: 182113.026 End North: 182141.680 curve Length: 34.97 Delta: 9-04-01 East : 1674222.818 Length: 67.02 East : 1674222.627 Length: 11.58 East : 1674211.052 Radius: 179.00 Tangent: 14.19 course: N 04-40-41 E Course Out: N 80-47-19 W East : 1674390.051 East : 1674213.359 Radius: 221. 00 Tangent: 17.52 Page 25 CLOSURES 05286 Chord: 34.94 course: N 04-40-41 E Course In: N 80-47-19 W Course Out: S 89-51-20 E RP North: 182177 .057 East 1673995.209 End North: 182176.500 East 1674216. 209 Line Course: N 00-08-40 E Length: 3.85 North: 182180. 3 50 East 1674216.218 Line course: S 88-20-41 E Length: 6.60 North: 182180.160 East 1674222. 815 Perimeter: 152.36 Area: 594 S.F. 0.01 acres Mapcheck closure -(Uses listed Error closure: 0.004 Error North: -0.0033 Precision 1: 38,087.50 courses, radii, and deltas) course: s 34-52-48 w East : -0.0023 Page 26 BYLAWS OF SAGECREST HOMEOWNERS ASSOCIATION ARTICLE 1 NAME, MEMBERSHIP, DEFINITIONS JUL .. ~· ~0'17 ,_, -~ Ir, ~ , 1.1 NAME. The name of the Association shall be Sagecrest Homeowners Association ("Association"). 1.2 MEMBERSHIP. The Association shall have one (I) class of membership, as is more fully set forth in that Declaration of Covenants, Conditions, Easements and Restrictions for the Plat of Sagecrest as amended from time to time ("Declaration"), the terms of which pertaining to membership are specifically incorporated by reference herein. 1.3 DEFINITIONS. The words used in these Bylaws shall have the same meaning as set forth in the Declaration, unless the context shall prohibit. ARTICLE2 ASSOCIATION: MEETINGS, QUORUM, VOTING, PROXIES 2.1 TIME AND PLACE OF MEETINGS. A meeting of the Association shall take place at least once each year. Meetings shall be held at the principal office of the Association or at such other suitable place and time convenient to the members as may be designated by the Board of Directors. Notice of any required annual or special meeting shall be provided as set forth in Section 2.3 below. 2.2 SPECIAL MEETINGS. The President may call special meetings. In addition, it shall be the duty of the President to call a special meeting of the Association if so directed by resolution of the Board of Directors or upon a petition signed by at least ten percent (10%) of the Owners. The notice of any special meeting shall state the date, time, and place of such meeting and the purpose thereof No business shall be transacted at a special meeting, except as stated in the notice. 2.3 NOTICE OF MEETINGS. The Secretary shall mail or to cause to be delivered to the Owner of each Lot (as shown in the records of the Association) a notice of each annual or special meeting of the Association stating the time and place where it is to be held and Bylaws Page 1 U·\TOM\BYLA W WA Sagecrest.doc the purpose thereof. If an Owner wishes notice to be given at an address other than the Lot, the Owner shall designate by notice in writing to the Secretary such other address. The mailing or delivery of a notice of meeting in the manner provided in this Section shall be considered service of notice. Notices shall be served not less than fourteen (14) nor more than sixty (60) days before a meeting. 2.4 W AIYER OF NOTICE. Waiver of notice of a meeting of the members shall be deemed the equivalent of proper notice. Any member may, in writing, waive notice of any meeting of the members, either before or after such meeting. Attendance at a meeting by a member, whether in person or by proxy, shall be deemed waiver by such member of notice of the time, date, and place thereof, unless such member specifically objects to lack of proper notice at the time the meeting is called to order. 2.5 ADJOURNMENT OF MEETINGS. If any meetings of the Association cannot be held because a quorum is not present, a majority of the members who are present at such meeting, either in person or by proxy, may adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the time the original meeting was called. At such adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice. 2.6 VOTING. The voting rights of the members shall be as set forth in the Articles of Incorporation and the Declaration, and such voting rights are specifically incorporated herein. 2. 7 PROXIES. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing, dated, and filed with the Secretary before the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of such member's Lot, or upon receipt of notice by the Secretary of the death or judicially declared incompetence of a member, or of written revocation, or upon the expiration of eleven (11) months from the date of the proxy. 2.8 QUORUM. The presence, in person or by proxy, of twenty percent (20%) of the Owners shall constitute a quorum at meetings of the Association. The members present at a duly called meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of members leaving less than a quorum. ARTICLE3 BOARD OF DIRECTORS: NUMBER, POWERS, MEETINGS 3.1 GOVERNING BODY; COMPOSITION. The affairs of the Association shall be governed by a Board of Directors. Except as provided in Section 3 .2 of this Article, the directors must reside in Sagecrest and must be members of the Association. Bylaws Page 2 3.2 DIRECTORS APPOINTED BY DECLARANT. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant such authority to appoint and remove directors and officers of the Association. The directors selected by the Declarant need not be Owners or residents in Sagecrest. 3.3 NUMBER OF DIRECTORS. The Board shall initially consist of one(!) member. Upon termination of the Development Period, the Board shall consist of three (3) members, elected by the Owners as provided in Section 3.5 of this Article 3; provided, however, that the number of directors may be increased or decreased by an amendment to these Bylaws. 3.4 NOMINATION OF DIRECTORS. Elected directors shall be nominated from the floor and may also be nominated by a nominating committee, if such a committee is established by the Board. All candidates shall have a reasonable opportunity to communicate their qualifications to the members and to solicit votes. 3.5 ELECTION AND TERM OF OFFICE. Owner-elected directors shall be elected and hold office as follows: (a) After the Declarant's right to appoint directors and officers terminates, the Association shall call a special meeting to be held at which Owners shall elect three (3) directors. (b) At annual meetings of the membership thereafter, directors shall be elected. All eligible members of the Association shall vote on all directors to be elected, and the candidate(s) receiving the most votes shall be elected. Initially, the term of one (!) director shall be fixed at one (I) year, the term of two (2) directors shall be fixed at two (2) years, and each candidate shall declare for which seat he or she is running. At the expiration of the initial term of office of each respective Owner-elected member of the Board of Directors, a successor shall be elected to serve for a term of two (2) years. The members of the Board of Directors shall hold office until their respective successors shall have been elected by the Association. 3.6 REMOVAL OF DIRECTORS. At any regular or special meeting of the Association duly called, any one (I) or more of the members of the Board of Directors may be removed, with or without cause, by a majority of the Total Association Vote and a successor may then and there be elected to fill the vacancy thus created. A director whose removal has been proposed by the Owners shall be given at least ten (10) days' notice of the calling of the meeting and the purpose thereof and shall be given an opportunity to be heard at the meeting. Additionally, any director who has three (3) consecutive unexcused absences from Board meetings or who is delinquent in the payment of an assessment for more than thirty (30) days Bylaws Page 3 may be removed by a majority vote of the remaining directors at a meeting. This Section shall not apply to directors appointed by Declarant. 3.7 VACANCIES. Vacancies in the Board of Directors caused by any reason, excluding the removal of a director by vote of the Association, shall be filled by a vote of the majority of the remaining directors, even though less than a quorum, at any meeting of the Board of Directors. Each Director so selected shall serve the unexpired portion of the term. 3.8 ORGANIZATION MEETINGS. The first meeting of the Board of Directors following each annual meeting of the membership shall be held within ten ( 10) days thereafter at such time and place as shall be fixed by the Board. 3.9 REGULAR MEETINGS. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the directors, but at least four ( 4) such meetings shall be held during each fiscal year with at least one (1) per quarter. Notice of the regular schedule shall constitute sufficient notice of such meetings. 3.10 SPECIAL MEETINGS. Special meetings of the Board of Directors shall be held when requested by the President, Vice President or by any two (2) directors. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. The notice shall be given to each director by one of the following methods: ( a) by personal delivery; (b) written notice by first-class mail, postage prepaid; (c) by telephone communication, either directly to the director or to a Person at the director's home or office who would reasonably be expected to communicate such notice promptly to the director; ( d) by facsimile to the director's home or office; or ( e) by commercial delivery service to the director's home or office. All such notices shall be given or sent to the director's address or telephone number as shown on the records of the Association. Notices sent by first-class mail shall be deposited into a United States mailbox at least four (4) days before the time set for the meeting. Notices given by personal delivery, telephone, or facsimile shall be given at least forty-eight (48) hours before the time set for the meeting. 3.11 W AIYER OF NOTICE. The transactions of any meeting of the Board of Directors, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice, if (a) a quorum is present, and (b) either before or after the meeting, each of the directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting shall also be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice. 3.12 QUORUM OF BOARD OF DIRECTORS. At all meetings of the Board of Directors, a majority of the directors shall constitute a quorum for the transaction of business, and the votes of a majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. Bylaws Page 4 3.13 COMPENSATION. No director shall receive any compensation from the Association for acting as such. 3.14 OPEN MEETfNGS. Except as otherwise permitted by law, all meetings of the Board shall be open for observation to all members and their authorized agents. The Board shall keep minutes of all actions taken by the Board, which shall be available to all members. 3.15 EXECUTIVE SESSION. Upon affirmative vote in open meeting to assemble in closed session, the Board may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the Association, and matters involving the possibility liability of an Owner to the Association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The Board shall restrict the consideration of matters during the closed portions of the meeting only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the Board, following the closed session, reconvenes an opening meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure. 3.16 ACTION WITHOUT A FORMAL MEETfNG. Any action to be taken at a meeting of the directors or any action that may be taken at a meeting of the directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the directors. 3.17 TELEPHONIC PARTICIPATION. One (I) or more directors may participate in and vote during any regular or special meeting of the Board by telephone conference call or similar communication equipment, and those directors so participating shall be deemed present at such meeting. Any such meeting at which a quorum participates shall constitute a meeting of the Board. 3.18 POWERS. The Board of Directors shall be responsible for the affairs of the Association and shall have all of the powers and duties necessary for the administration of the Association's affairs and, as provided by law, may do all acts and things as are not by the Declaration, Articles, or these Bylaws directed to be done and exercised exclusively by the members. In addition to the duties imposed by these Bylaws or by any resolution of the Association that may hereafter be adopted, the Board of Directors shall have the power to and shall be responsible for the following, in way of explanation, but not limitation: Bylaws (a) preparation and adoption of an annual budget in which there shall be established the contribution of each Owner to the common expenses; Page 5 (b) making assessments to defray the common expenses and establishing the means and methods of collecting such assessments; ( c) providing for the operation, care, upkeep, and maintenance of all areas which are the maintenance responsibility of the Association; ( d) designating, hiring, and dismissing the personnel necessary for the operation of the Association and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and material to be used by such personnel in the performance of their duties; ( e) collecting the assessments, depositing the proceeds thereof in a bank depository which it shall approve, and using the proceeds to administer the Association; (f) making and amending rules and regulations; (g) opening of bank accounts on behalf of the Association and designating the signatories required; (h) enforcing by legal means the provisions of the Declaration, these Bylaws, and the rules and regulations adopted by it, and bring any proceedings which may be instituted on behalf of or against the Owners concerning the Association; (i) obtaining and carrying insurance against casualties and liabilities, as provided in the Declaration, and paying the premium cost thereof; (j) keeping books with detailed accounts of the receipts and expenditures affecting the Association and its administration, and specifying the maintenance and repair expenses and any other expenses incurred; and (k) contracting with any person for the performance of various duties and functions. 3.19 MANAGEMENT AGENT. The Board of Directors may employ for the Association a professional management agent or agents at a compensation established by the Board of Directors to perform such duties and services as the Board of Directors shall authorize. The term of any management agreement shall not exceed one (I) year and shall be subject to termination by either party, without cause and without penalty, upon ninety (90) days' written notice. 3.20 BORROWING. The Board of Directors shall have the power to borrow money without the approval of the members of the Association; provided, however, the Board Bylaws Page 6 shall obtain membership approval in the same manner as for special assessments, in the event that the proposed borrowing is for the purpose of modifying, improving, or adding amenities, or the total amount of such borrowing exceeds or would exceed Five Thousand Dollars ($5,000.00) outstanding debt at any one time. 3.21 FINING PROCEDURE. The Board shall not impose a fine (a late charge shall not constitute a fine) unless and until the following procedure is follows: (a) Notice. Written notice shall be served upon the violator specifying: (i) the nature of the violation and the fine imposed; (ii) that the violator may, within ten (I 0) days from the date of the notice, request a hearing regarding the fine imposed; (iii) the name, address and telephone numbers of a person to contact to challenge the fine; (iv) that any statements, evidence, and witnesses may be procured by the violator at the hearing; and (v) that all rights to have the fine reconsidered are waived ifa hearing is not requested within ten (10) days of the date of the notice. (b) Hearing. If a hearing is requested, it shall be held before the Board in executive session, and the violator shall be given a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing. ARTICLE4 OFFICERS 4.1 OFFICERS. The officers of the Association shall be a President, Vice President, Secretary, and Treasurer. Any two (2) or more offices may be held by the same person, excepting the offices of President and Secretary. The President and Treasurer shall be elected from among the members of the Board of Directors. 4.2 ELECTION, TERM OF OFFICE, AND VACANCIES. Except during the period in which the Declarant has the right to appoint the officers of the Association under Article 3, Section 3.2 of these Bylaws, the officers of the Association shall be elected annually by the Board of Directors at the first meeting of the Board of Directors following each annual meeting of the members. A vacancy in any office arising because of death, resignation, removal, or otherwise may be filled by the Board of Directors for the unexpired portion of the term. Bylaws Page 7 4.3 REMOVAL. Any officer may be removed by the Board of Directors whenever, in their judgment, the best interests of the Association will be served thereby. 4.4 PRESIDENT. The President shall be the chief executive officer of the Association and shall preside at all meetings of the Association and of the Board of Directors. The President shall have all the general powers and duties which are incident to the office of the president of a corporation organized under the Washington Nonprofit Corporation Act. 4.5 VICE PRESIDENT. The Vice President shall act in the President's absence and shall have all powers, duties, and responsibilities provided for the President when so acting. 4.6 SECRETARY. The Secretary shall keep the minutes of all meetings of the Association and of the Board of Directors and shall have charge of such books and papers as the Board of Directors may direct and shall, in general, perform all duties incident to the office of the secretary of a corporation organized in accordance with Washington law. 4.7 TREASURER. The Treasurer shall have the responsibility for the Association's funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, for preparing all required financial statements and tax returns, and for the deposit of all monies and other valuable effects in the name of the Association or the managing agent in such depositories as may from time to time be designated by the Board of Directors. 4.8 RESIGNATION. Any officer may resign at any time by giving written notice to the Board of Directors. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. ARTICLE 5 COMMITTEES Committees to perform such tasks and to serve for such periods as may be designated by the Board are hereby authorized. Each committee shall be composed and shall operate in accordance with the terms of the resolution of the Board of Directors designating the committee or with rules adopted by the Board of Directors. ARTICLE 6 MISCELLANEOUS 6.1 FISCAL YEAR. The fiscal year of the Association shall be the calendar year unless otherwise determined by resolution of the Board. Bylaws Page 8 6.2 PARLIAMENTARY RULES. Robert's Rules of Order (current edition) shall govern the conduct of all Association proceedings, when not in conflict with Washington law, the Articles of Incorporation, the Declaration, or these Bylaws. 6.3 CONFLICTS. If there are conflicts or inconsistencies between the provisions of Washington law, the Articles of Incorporation, the Declaration, and these Bylaws, the provisions of Washington law, the Declaration, the Articles of Incorporation and the Bylaws (in that order) shall prevail. 6.4 AMENDMENT. These Bylaws may be amended by the Board of Directors (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to the Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser or mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to the Declaration; or ( d) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to the Declaration. In addition, these Bylaws may be amended upon the affirmative vote or written consent, or any combination thereof, of at least two-thirds (2/3) of the Owners. CERTIFICATE OF ADOPTION The undersigned, being the Secretary of SAGECREST HOMEOWNERS ASSOCIATION, hereby certifies that the foregoing is a true and correct copy of the Bylaws adopted by resolution of the Board of Directors of the Association on , 2007. Bylaws SAGECREST HOMEOWNERS ASSOCIATION By~~~~~~~~~--~~­ I ts Secretary Page 9 ARTICLES OF INCORPORATION OF SAGECREST HOMEOWNERS ASSOCIATION LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation, for the purpose of forming a nonprofit corporation under Chapter 24.03 of the Revised Code of Washington, adopts the following Articles of Incorporation: ARTICLE I. NAME The name of the corporation is SAGECREST Homeowners Association. ARTICLE 2. DURATION The Association shall have perpetual duration. ARTICLE 3. PURPOSES AND POWERS 3.1 The Association does not contemplate pecuniary gain or profit, direct or indirect, to its members. In way of explanation and not of limitation, the purposes for which the Association is formed are: 3.1.1 To be and constitute the Association to which reference is made in the Declaration of Covenants, Conditions and Restrictions for SAGECREST (hereinafter the "Declaration"), recorded or to be recorded in the Records of King County, Washington, to perform all obligations and duties of the Association, and to exercise an rights and powers of the Association, as specified therein, in the Bylaws of the Association ("Bylaws") as adopted by the Board of Directors of the Association, and as provided by law; and 3.1.2 To provide an entity for the furtherance of the interests of the Owners in the development. 3.2 In furtherance of its purposes, the Association shall have the following powers, which, unless indicated otherwise by the Declaration or Bylaws, may be exercised by the Board of Directors: 3 .2.1 All of the powers conferred upon nonprofit corporations by common law and the statutes of the State of Washington in effect from time to time; Articles of Incorporation Page I 3.2.2 All of the powers necessary or desirable to perform the obligations and duties and to exercise the rights and powers set out in these Articles, the Bylaws, or the Declaration, including, without limitation, the following: (i) To adopt and amend budgets for revenues, expenditures and reserves and impose and collect assessments or other charges to be levied on members; (ii) To manage, control, operate, maintain, repair, and improve property subjected to the Declaration or any other property for which the Association by rule, regulation, declaration, or contract has a right or duty to provide such services; (iii) To enforce covenants, conditions, or restrictions affecting any property to the extent the Association may be authorized to do so under the Declaration or Bylaws; (iv) To engage in activities which will actively foster, promote, and advance the common interests of all owners of property subject to the Declaration; (v) To buy or otherwise acquire, sell, or otherwise dispose of, mortgage, or otherwise encumber, exchange, lease, hold, use, operate, and otherwise deal in and with real, personal, and mixed property of all kinds and any right or interest therein for any purpose of the Association; (vi) To borrow money for any purpose; (vii) To enter into, make, perform, or enforce contracts of every kind and description, and to do all other acts necessary, appropriate, or advisable in carrying out any purpose of the Association, with or in association with any other association, corporation, or other entity or agency, public or private; and (viii) To adopt, alter, and amend or repeal such Bylaws as may be necessary or desirable for the proper management of the affairs of the Association; provided, however, such Bylaws may not be inconsistent with or contrary to any provisions of the Declaration. 3.3 The foregoing enumeration of powers shall not limit or restrict in any manner the exercise of other and further rights and powers which may now or hereafter be allowed or permitted by law; and the powers specified in each of the paragraphs of this Article 3 are independent powers, not to be restricted by reference to or inference from the terms of any other paragraph or provisions of this Article 3. Articles of Incorporation Page 2 ARTICLE 4. MEMBERSHIP The Association shall be a membership corporation without certificates of shares of stock. Each Owner of a Lot (as such capitalized terms are defined in the Declaration) subject to the Declaration is a member and shall be entitled to vote as set forth herein and in the Declaration and the Bylaws. Membership in the Association shall consist exclusively of Lot Owners. ARTICLE 5. BOARD OF DIRECTORS The business and affairs of the Association shall be conducted, managed, and controlled by a Board of Directors. The Board shall initially consist of one (1) director. The name and address of the initial member of the Board of Directors is as follows: C. Thomas Foster 6450 Southccnter Blvd. Suite 106 Seattle, Washington 98188 The number of directors may be increased or decreased from time to time by amendment to or in the manner provided for in the Bylaws. The method of election, tenn of office, removal and filling of vacancies shall be as set forth in the Bylaws. The Board may delegate its powers to operate the Association to such companies, individuals, or committees as it, in its discretion, may determine. ARTICLE 6. LIABILITY OF DIRECTORS To the full extent that the Washington Nonprofit Corporation Act permits the elimination or limitation of liability of directors, a director of the Association shall not be liable to the Association or its members for monetary damages for conduct as a director; provided that the liability of a director shall not be eliminated or limited for acts or omissions that involve intentional misconduct or a knowing violation of law, for approval of distributions or loans contrary to law, or for any transaction from which the director has personally received or will personally receive a benefit in money, property, or services to which the director is not legally entitled. ARTICLE 7. DISSOLUTION The Association may be dissolved only upon a resolution duly adopted by the Board of Directors and the affirmative vote of members who are Owners of not less than two-thirds (2/3) of the Lots ( other than the Declarant) and the consent of the Declarant so long as the Declarant owns any property subject to the Declaration. Upon dissolution of the Association, so long as the United States Veterans Administration ("VA") is guaranteeing and/or the United States acting through the Department of Housing and Urban Development ("HUD") is insuring any mortgage in the Development, and unless otherwise agreed in writing by HUD or VA, as applicable, any remaining real property assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and Articles oflncorporation Page 3 assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. No such restriction shall exist if VA is not guaranteeing and HUD is not insuring any mortgage in the Development; provided, however, HUD and/or VA shall be notified of such dissolution. ARTICLE 8. MERGER AND CONSOLIDATION The Association may merge or consolidate only upon a resolution duly adopted by the board of directors and the affirmative vote of members who are Owners of not less than two-thirds (2/3) of the Lots ( other than the Declarant) and the consent of the Declarant so long as the Declarant owns any property subject to the Declaration. ARTICLE 9. AMENDMENTS These Articles may be amended only upon a resolution duly adopted by the Board of Directors and the affirmative vote ofat least two-thirds (2/3) of the total eligible votes of the members. ARTICLE 10. INCORPORATOR The name and address of the sole incorporator is Langley Development Group, Inc., 6450 Southcenter Blvd. Suite I 06, Seattle, Washington 98188. ARTICLE 11. REGISTERED AGENT AND OFFICE The initial registered agent and office of the Association is Paul Brain, Esq. located at 601 Union Street, Suite 5450, Seattle, Washington 98101. The undersigned duly-authorized officer of the incorporator has signed these Articles of Incorporation at Seattle, Washington, on this_ day of , 2007. Articles of Incorporation LANGLEY DEVELOPMENT GROUP, INC., a Washington corporation By C. Thomas F osier Its: President Page4 CONSENT TO SERVE AS REGISTERED AGENT Paul Brain, Esq. hereby consents to serve as Registered Agent, in the State of Washington, for SAGECREST Homeowners Association. It is understood that as agent for the Association, Paul Brain, will have the responsibility to receive service of process in the name of the Association; to forward all mail to the Association; and to immediately notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of the Association for which it is agent. Date By Paul Brain Address: Ater Wynne 601 Union Street, Suite 5450 Seattle, Washington 98101 Articles of Incorporation Page 5 Form No. 1068-2 ALTA Plain Language Commitment ~ ~-~.!..¥ ..•. First American 1mibnent No. 4261-649439 Page 1 of 20 First American Title Insurance Company 2101 Fourth Ave, Ste 800 Seattle, WA 98121 Phn -(206)728-0400 (800)826-7718 Fax - ESCROW COMPANY INFORMATION: Pat Fullerton (206) 615-3055 pfullerton@firstam.com Escrow Officer/Closer: KIM V. MILLER kmiller@firstam.com First American Title Insurance Company 3866 S 74th St, Tacoma, WA 98409 Phone: (253)471-1234 -Fax: (866)859-0435 Title Team One FIFTH COMMITMENT Fax No. (866) 904-2177 Colleen Franz (206) 615-3050 cfranz@firstam.com Jennifer Salas (206) 615-3011 jsalas@firstam.com Amy Garza (206) 615-3010 Tina Kotas (206) 615-3012 amgarza@firstam.com To: Harbour Homes 1300 Dexter Avenue North, Suite 500 Seattle, WA 98109 Attn: Jennifer Valenta tkotas@firstam.com File No.: 4261-649439 Your Ref No.: Honey Brooke West AKA Sagecrest Re: Property Address: 519, 569 Hoquiam Ave.NE and 4912, 4930, 5004, 5010 NE 5th St., Renton wa 98059 COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months alter the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The General Exceptions and Exceptions in Schedule B-11. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. First Amen'can Title • Form No. 1068"2 ALTA Plain Language Commitment First Americon Tttle 11mitment No : 4261-649439 Page 2 of 20 Form No. 1068-2 ALTA Plain Language Commitment 1mitment No.: 4261-649439 Page 3 of 20 FIFTH REPORT SCHEDULE A 1. Commitment Date: June 19, 2007 at 7:30 A.M. 2. Policy or Policies to be issued: Subdivider's Rate Owner's Standard Coverage $ Proposed Insured: Harbour Homes, Inc., a Washington Corporation Construction Loan Rate Alta Extended Mortgagee's Coverage Proposed Insured: To follow $ AMOUNT To follow $ To follow $ PREMIUM 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vested in: 0.00 $ 0.00 $ James C. Johnson and Yuko T. Johnson, husband and wife, as to Parcel J; and Langley Development Group Inc., a Washington Corporation, as to the remainder 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows: Parcel A: TAX Lot 2 of KING COUNTY SHORT PLAT NO. 480111, recorded June 18, 1982 under King County Recording No. 8206180434, in King County, Washington; EXCEPT the East 11 feet of the North 80 feet. Parcel B: 0.00 0.00 The North 97.39 feet of the Easterly 206.01 feet, as measured along the North line, of the North half of the North half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the East 30 feet for County Road; TOGETHER WITH the East 11 feet of the North 80 feet of Lot 2 of KING COUNTY SHORT PLAT NO. 480111, recorded June 18, 1982 under King County Recording No. 8206180434, in King County, Washington. First AmenCan Title Form No. 1068-2 ALTA Plain Language Commitment Parcel C: lmitment No: 4261-649439 Page 4 of 20 The West half of the West half of the South Half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; TOGETHER WITH the West 25 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East., in King County, Washington; EXCEPT the North 90 feet thereof. Parcel D: Those portions of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: The West 25 feet of the North 90 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; and the North 90 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast; EXCEPT the West 25 feet thereof. Parcel E: A portion of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington described as follows: COMMENCING at the Northeast corner of said Subdivision; thence North 88°20'43" West, along the North line of said Subdivision, a distance of 30.01 feet to the TRUE POINT OF BEGINNING; thence continuing along said North line a distance of 275.61 feet to the East line of the West 25 feet of said Subdivision; thence South 0°10'02" West, along said East line, a distance of 329.43 feet to the South line of said Subdivision; thence South 88°20'52" East, along said South line, a distance of 275.51 feet to the West line of the East 30 feet of said Subdivision; thence North 0°11'06" East, along said West line, a distance of 30.01 feet; thence North 88°20'52" West a distance of 100.03 feet; thence North 0°11'06" East a distance of 99.03 feet; thence North 88°20'52" West a distance of 82.49 feet; thence South 0°10'02" West a distance of 99.03 feet; thence North 88°20'52" West a distance of 73.02 feet to the East line of the West 45 feet of said Subdivision; thence North 0°10'02" East, along said East line, a distance of 177.38 feet to the South line of the North 122 feet of said Subdivision; thence South 88°20'43" East, along said South line, a distance of 255.56 feet to the West line of the East 30 feet of said Subdivision; thence North 0°11'06" East, along said West line, a distance of 122.04 feet to the TRUE POINT OF BEGINNING. First American T!t/e Form No. 1068-2 Al TA Plain Language Commitment Parcel F: nitment No : 4261~649439 Page 5 of 20 Lot 1 of KING COUN1Y SHORT PLAT NO. 480111, recorded June 18, 1982 under Recording No. 8206180434, records of King County, Washington, said Lot 1 being further described as follows: The West half of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington. And the West half of the Southeast quarter of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington, EXCEPT the North 67 feet thereof, and EXCEPT the East 30 feet as conveyed to King County by Deed recorded under Auditor's file No. 3065639, in King County, Washington. Parcel G: The East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; EXCEPT the North 230 feet thereof; ALSO EXCEPT the West 25 feet thereof; TOGETHER WITH the West 10 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; EXCEPT the North 230 feet thereof; All in Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington. Parcel H: Tract B of Short Plat No. 1274035, according to the Short Plat Survey recorded under Recording No. 7601130712 and corrected under Recording No. 7601210467, in King County, Washington. Parcel I: The South 140 feet of the North 230 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; EXCEPT the West 25 feet thereof, and the West 25 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; EXCEPT the North 90 feet and EXCEPT that portion of the West 10 feet lying South of the North 230 feet of said Subdivision; All in Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington. First American Title Form No. 1068·2 ALTA Plain Language Commitment Parcel J: 1itment No: 4261~649439 Page 6 of 20 Tract A, King County Short Plat No. 1274035, recorded under Recording No. 7601210467, being a correction of Short Plat recorded under Recording No. 7601130712, in King County, Washington. APN: 102305-9385-02 APN: 102305-9015-00 APN: 102305-9036-05 APN: 102305-9070-02 APN: 102305-9098-00 APN: 102305-9123-09 APN: 102305-9125-07 APN: 102305-9176-05 APN: 102305-9291-05 APN: 102305-9177-04 First American Title Form No. 1068-2 AL TA Plain Language Commitment The following requirements must be met: SCHEDULE B SECTION I REQUIREMENTS mitment No : 4261-649439 Page 7 of 20 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: PART ONE: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, confiicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (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; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. Arst: American Tttle Form No. 1068-2 ALTA Plain Language Commitment PART TWO: SCHEDULE B SECTION II EXCEPTIONS 1itment No: 4261-649439 Page 8 of 20 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78 %. Levy/ Area Code: 2146 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9385-02 1st Half Amount Billed: $ 752.31 Amount Paid: $ 0.00 Amount Due: $ 752.31 Assessed Land Value: $ 136,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 752.30 Amount Paid: $ 0.00 Amount Due: $ 752.30 Assessed Land Value: $ 136,000.00 Assessed Improvement Value: $ 0.00 (Affects Parcel A) 3. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9015-00 1st Half Amount Billed: $ 1,849.89 Amount Paid: $ 0.00 Amount Due: $ 1,849.89 Assessed Land Value: $ 109,000.00 Assessed Improvement Value: $ 226,000.00 2nd Half Amount Billed: $ 1,849.88 Amount Paid: $ 0.00 Amount Due: $ 1,849.88 Assessed Land Value: $ 109,000.00 Assessed Improvement Value: $ 226,000.00 First American Title Form No. 1068-2 ALTA Plain Language Commitment (Affects Parcel B) 1itment No : 4261-649439 Page 9 of 20 4. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9036-05 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Bi 11 ed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: ( Affects Pa reel C) 1st Half $ 1,509.61 $ 0.00 $ 1,509.61 $ 273,000.00 $ 0.00 2nd Half $ 1,509.60 $ 0.00 $ $ $ 1,509.60 273,000.00 0.00 5. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9070-02 1st Half Amount Billed: $ 592.87 Amount Paid: $ 0.00 Amount Due: $ 592.87 Assessed Land Value: $ 106,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 592.87 Amount Paid: $ 0.00 Amount Due: $ 592.87 Assessed Land Value: $ 106,000.00 Assessed Improvement Value: $ 0.00 (Affects Parcel D) 6. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9098-00 1st Half Amount Billed: $ 938.74 Amount Paid: $ 0.00 Amount Due: $ 938.74 Assessed Land Value: $ 169,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 938.73 Amount Paid: $ 0.00 Amount Due: $ 938.73 Assessed Land Value: $ 169,000.00 Assessed Improvement Value: $ 0.00 (Affects Parcel E) First American ntle Form No. 1068-2 Al TA Plain Language Commitment utment No : 4261·649439 Page 10 of 20 7. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9123-09 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects Parcel F) 1st Half $ 3,463.83 $ 0.00 $ 3,463.83 $ 515,000.00 $ 114,000.00 2nd Half $ 3,463.82 $ 0.00 $ $ $ 3,463.82 515,000.00 114,000.00 8. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9125-07 1st Half Amount Billed: $ 587.59 Amount Paid: $ 0.00 Amount Due: $ 587.59 Assessed Land Value: $ 106,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 587.58 Amount Paid: $ 0.00 Amount Due: $ 587.58 Assessed Land Value: $ 106,000.00 Assessed Improvement Value: $ 0.00 (Affects Parcel G) 9. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9176-05 1st Half Amount Bi lied: $ 609.34 Amount Paid: $ 0.00 Amount Due: $ 609.34 Assessed Land Value: $ 109,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 609.34 Amount Paid: $ 0.00 Amount Due: $ 609.34 Assessed Land Value: $ 109,000.00 Assessed Improvement Value: $ 0.00 (Affects Parcel H) First Amedcan Title Form No. 1068-2 Al TA Plain Language Commitment imitment No.: 4261·649439 Page 11 of 20 10. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9291-05 1st Half Amount Billed: $ 1,262.59 Amount Paid: $ 0.00 Amount Due: $ 1,262.59 Assessed Land Value: $ 119,000.00 Assessed Improvement Value: $ 109,000.00 2nd Half Amount Billed: $ 1,262.59 Amount Paid: $ 0.00 Amount Due: $ 1,262.59 Assessed Land Value: $ 119,000.00 Assessed Improvement Value: $ 109,000.00 (Affects Parcel I) 11. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 102305-9177-04 Amount Bi 11 ed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects Parcel J) 1st Half $ 1,690.70 $ 1,690.70 $ 0.00 $ 108,000.00 $ 198,000.00 2nd Half $ 1,690.70 $ 0.00 $ 1,690.70 $ 108,000.00 $ 198,000.00 12. Delinquent General Taxes for the year 2006 . Tax Account No.: 102305-9385-02 Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: (Affects Parcel A) 1st Half $ 779.15 $ 0.00 $ 779.15, plus interest and penalty $ $ $ 2nd Half 779.14 0.00 779.14, plus interest and penalty First American Tltle Form No. 1068·2 ALTA Plain Language Commitment nitment No: 4261-649439 Page 12 of 20 13. Delinquent General Taxes for the year 2006 . Tax Account No.: 102305-9015-00 Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: (Affects Parcel BJ 1st Half $ 1,911.44 $ 0.00 $ 1,911.44, plus interest and penalty $ $ $ 2nd Half 1,911.44 0.00 1,911.44, plus interest and penalty 14. Delinquent General Taxes for the year 2006 . Tax Account No.: 102305-9036-05 1st Half Amount Billed: $ 2,397.08 Amount Paid: $ 0.00 Amount Due: $ 2.397.08, plus interest and penalty 2nd Half Amount Billed: $ 2,397.08 Amount Paid: $ 0.00 Amount Due: $ 2,397.08, plus interest and penalty ( Affects Pa reel C) 15. Delinquent General Taxes for the year 2006 . Tax Account No.: 102305-9070-02 Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: (Affects Parcel DJ 1st Half $ 610.53 $ 0.00 $ 610.53, plus interest and penalty 2nd Half $ 610.53 $ 0.00 $ 610.53, plus interest and penalty 16. Delinquent General Taxes for the year 2006 . Tax Account No.: 102305-9098-00 Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: (Affects Parcel EJ 1st Half $ 1,749.62 $ 0.00 $ 1,749.62, plus interest and penalty 2nd Half $ 1,749.62 $ 0.00 $ 1,749.62, plus interest and penalty First American Title Form No. 1068-2 ALTA Plain Language Commitment 1itment No : 4261~649439 Page 13 of 20 17. Delinquent General Taxes for the year 2006 . Tax Account No.: 102305-9123-09 Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: (Affects Parcel F) 1st Half $ 3,566.19 $ 0.00 $ 3,566.19, plus interest and penalty 2nd Half $ 3,566.19 $ 0.00 $ 3,566.19, plus interest and penalty 18. Delinquent General Taxes for the year 2006 . Tax Account No.: 102305-9125-07 Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: (Affects Parcel G) 1st Half $ 605.25 $ 0.00 $ 605.25, plus interest and penalty 2nd Half $ 605.24 $ 0.00 $ 605.24, plus interest and penalty 19. Delinquent General Taxes for the year 2006. Tax Account No.: 102305-9176-05 Amount Bi lied: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: ( Affects Pa reel H) 1st Half $ 940.26 $ $ 0.00 940.26, plus interest and penalty 2nd Half $ 940.25 $ 0.00 $ 940.25, plus interest and penalty 20. Delinquent General Taxes for the year 2006 . Tax Account No.: 102305-9291-05 Amount Billed: Amount Paid: Amount Due: Amount Billed: Amount Paid: Amount Due: (Affects Parcel I) 1st Half $ 1,306.00 $ 0.00 $ 1,306.00, plus interest and penalty 2nd Half $ 1,305.99 $ 0.00 $ 1,305.99, plus interest and penalty 21. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of City of Renton as disclosed by instrument recorded under recording no. 9606210966. First American Title Form No. 1068-2 AL TA Plain Language Commitment mitment No. 4261~649439 Page 14 of 20 22. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: James C. Johnson and Yuko T. Johnson Gra ntee/Benefi cia ry: Trustee: Amount: Recorded: Recording Information: (Affects Parcel J) Bank of America, N.A., a National Banking Association PRLAP, Inc. $152,000.00 September 22, 2003 20030922002817 23. Deed of Trust and the terms and conditions thereof. G rantor /T rustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: (Affects Parcel J) James C. Johnson and Yuko T. Johnson, husband and wife Bank of America, N.A. PRLAP, Inc. $122,519.00 October 06, 2005 20051006001343 Note: This Deed of Trust contains Line of Credit privileges. If the current balance owing on said obligation is to be paid in full in the forthcoming transaction, confirmation should be made that the beneficiary will issue a proper request for full reconveyance. 24. Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording No.: (All Parcels, except Parcel J) Langley Development Group, Inc., a Washington Corporation Seattle Savings Bank, a Washington Bank Corporation First American Title Insurance Company, a Corporation $6,703,000.00 August 31, 2005 20050831000904 25. The terms and provisions contained in the document entitled "Memorandum of Agreement" Recorded: September 02, 2005 Recording No.: 20050902000537 26. Examination of the records discloses numerous matters pending against persons with names similar to James C. Johnson. A statement of Identity should be completed and returned to this company for consideration prior to closing. 27. Evidence should be submitted prior to closing of the authority of the officers, if other than C. Thomas Foster as President of Langley Development Group, Inc., to execute the forthcoming instrument. First Americ~n Tltle Fonn No. 1068-2 mitment No.: 4261~649439 Page 15 of 20 ALTA Plain Language Commitment 28. Easement, including terms and provisions contained therein: Recording Information: 347794 In Favor of: Snoqualmie Falls and White River Power Company For: Pole Lines Affects: Parcels A, B, D, E, F, G, H AND J 29. Easement, including terms and provisions contained therein: 30. Recording Information: 3083164 For: Affects: Easement, including terms and Recorded: Recording Information: In Favor Of: For: Affects: Slopes, cuts and fills Parcel J provisions contained therein: July 25, 1940 3112963 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system Parcel C, D, E, F, G, H, I AND J 31. Easement, including terms and provisions contained therein: 32. Recording Information: 3143916 For: Affects: Easement, including terms and Recorded: Recording Information: In Favor Of: For: Affects: Ingress, egress and utilities Parcel C AND G provisions contained therein: October 31, 1947 3739945 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system Parcel C, D, E, G, AND I 33. Terms, Covenants, Conditions and/or Provisions contained in an easement serving said premises, as contained in instrument recorded under recording No. 8204090283. Affects: Parcels A and B Modification and/or amendment by instrument: Recording Information: 20050831000896 First Americt1n Title Form No. 1068-2 11mitment No : 4261-649439 Page 16 of 20 ALTA Plain Language Commitment 34. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin to the extent such covenants, conditions or restrictions violate ntle 42, Section 3604(c), of the United States Codes: 35. 36. Recording Information: 8309120539 Affects: Parcels A, Band F Easement, including terms and Recorded: Recording Information: In Favor Of: For: Affects: Easement, including terms and Recorded: Recording Information: In Favor Of: For: Affects: provisions contained therein: December 2, 1983 8312020782 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system Parcel F provisions contained therein: December 02, 1983 8312020783 Puget Sound Power and Light Company, a Washington corporation Electric transmission and/or distribution system Parcels A and B 37. Temporary Water Service and Payment Agreement and the terms and conditions thereof: Between: King County Water District No. 90 And: G. W. Sutherland and Donna D. Sutherland, his wife Recording Information: 8403230934 Affects: Parcels A, B and F 38. Easement, including terms and provisions contained therein: Recording Information: 8403230935 In Favor of: King County Water District No. 90 For: Affects: Water mains Parcel F 39. The terms and provisions contained in the document entitled "Road Maintenance Provisions" Recorded: November 13, 1987 Recording No.: 8711131412 Affects: Parcels A and B UPON RECORDING OF THE PLAT AND DEDICATION OF THE ROAD(S), SAID EXCEPTION WILL BE REMOVED ON THE FORTHCOMING POLICIES. First American ntle Form No. 1068-2 ALTA Plain Language Commitment mitment No: 4261-649439 Page 17 of 20 40. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. As to Short Plat 7601130712 Affects: Parcels H and J UPON RECORDING OF THE PLAT, SAID EXCEPTION WILL BE REMOVED ON THE FORTHCOMING POLICIES. 41. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by the fried or recorded map referred to in the legal description. As to Short Plat 8206180434 Affects: Parcels A, Band F UPON RECORDING OF THE PLAT, SAID EXCEPTION WILL BE REMOVED ON THE FORTHCOMING POLICIES. 42. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey No. 8812019002, recorded in volume 63 of surveys, at page(s) 275, in King, Washington. Affects: Parcels H, I and J UPON RECORDING OF THE PLAT AND VERIFICATION THAT ALL ENCROACHMENTS (FENCES) HAVE BEEN REMOVED, SAID EXCEPTION WILL BE REMOVED ON THE FORTHCOMING POLICIES. 43. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded under Recording No. 20030311900008 in King County, Washington. Affects: Parcel J UPON RECORDING OF THE PLAT AND VERIFICATION THAT ALL ENCROACHMENTS (FENCES) HAVE BEEN REMOVED, SAID EXCEPTION WILL BE REMOVED ON THE FORTHCOMING POLICIES. 44. Easement, including terms and provisions contained therein: Recording Information: 9211040931 In Favor of: Washington Natural Gas Company, a Washington Corporation, its successors and assigns For: Gas pipeline or pipelines Affects: Parcel I First AmenC~n Tltle Form No. 1068-2 ALTA Plain Language Commitment INFORMATIONAL NOTES mitment No: 4261-649439 Page 18 of 20 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Lots 1-2, KING COUNTY SHORT PLAT 480111, Rec. 8206180434, Section 10, Township 23 N., Range 5 E., NW Quarter, SW Quarter, SE Quarter, Tract B, SHORT PLAT 1274035, Rec. 7601210467, and Tract A, KING COUNTY SHORT PLAT 1274035, Rec. 7601210467. APN: 102305-9385-02, 102305-9015-00, 102305-9036-05, 102305-9070-02, 102305-9098-00, 102305-9123-09, 102305-9125-07, 102305-9176-05, 102305-9291-05 and 102305-9177-04 D. The following deeds affecting the property herein described have been recorded within 24 months of the effective date of this commitment: 20050831000897, 20050831000898, 20050831000899, 20050831000900 and 20050831000901 E. According to the application for title insurance, title is to vest in Harbour Homes, Inc., a Washington Corporation. F. All matters regarding extended coverage have been cleared for mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. First American TJtle Form No. 1068-2 ALTA Plain Language Commitment CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. mitment No : 4261-649439 Page 19 of 20 (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. A'rx American TJtle Form No. 1068-2 ALTA Plain Language Commitment First American nmitment No: 4261-649439 Page 20 of 20 First American Title Insurance Camp;,n y 2101 Fourth Ave, Ste 800 Seattle, WA 98121 Phn -(206)728-0400 (800)826-7718 Fax - PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reseived First American Title 9060 -------- / -,t) JJTOI ~·~ "' ll,i I - KC SP 480111- 1 H AC 9006 <)'0.- I 15 I I I I I I I I I I I I I I I ' 1 s ~c 9206 8206180434 JO 0. 19 AC 9338 17 5 " Ren on Jo RD mr ~------~ LOT2 ,,, ,<..Y~") ,, 21130 sr 9385 ,, g:sn 77.5 115. 71! /- II H ID-Ji 11 ;110.12 II Ba 20 ' " j JO' RQ [SUI (5.P) : ------3,------- II .... ~:-:::, : "-" ' ' .39 AC 9015 0.21 AC 9217 I • 0' :;. ~ I~ ; ~ /; r----1._,... ___ -J -' <09.'") 165.3 -- H A( 8070 .SJ AC 9291 ~4 AC 9125 lO 149.00~ 10 2.83 A( 9123 0 J AC 9176 21 .61 15" ~I~'- 10 '---'i.' _ _. 1.ZJ AC 8098 ,, 150.:;4 O.J~ AC 9152 1/J INT. UN D IN I .. ,:-,\:., I/J INT ~-~· 1'.1 l.--\..._l/3 INT R~-LUA-00-IO -LLA ~~;;,o,, 200009Z6· 1lD007 170121 ' .Jj AC 9212 O.H AC 9fT7 100 _,. .~'\::-. ''1\{9 AC 9290 '"" -,_ ; I= ~ ' .,; ~ ,~ ~ I~ I ' I ' WI <Ii ' ~1 ~ "' ' " , Re: ton Re1 ton ,: 30' ROA I 5 iJ 0 ~8H-20 IJO.l KC f LC R[ JO :C 149.65 --2().u: .,, « 02 - - --.:.-. ~ ;:: C, ~ ,. ~ <> .... "' ' l .. • • • JUL -q ·;c::7 RcCEiVEfJ ~ ~ ~ ~ :a:: ~ CITr OP JlBll1'0!f, NASJIDCl'OR ORDIHAHCB NO. 4612 .Ill am>I:l:UICZ OP m c:rft' o:J' u:nar. &S&.IWGIOW, ATULl:JIEIICI All JIRSPMDff n.un:a.tcr :roa IIUII"l'UT arm. mn:ca: D A .oaTJCII' Of' 'ZIii: 80ll'l'B BJ.a:LAIIDI, m.nra. PC*a, .u:D RllLIIIOClb :IRlll•.UDISI .&1ID U?U.Ll:SIUWQ m .IIIDmT OF nm ™ 1JPCII ciilil&C'%1CII TO ms PACU.IUU. TUI CIT'l COUNCIL 01" TIIB CITY OP RDITOJf, DSBIHG1'0N', DO ORDAIN AS POI.LOWS: There i• berel1y created a S.nitary Sewer Service Specbl All&eanien.t Di•tri.,t t:or the area lerved. by the But Cf.t.y of Ren.ton &llC1 a pattiOll of it.a urban ,growth area tdthin det1c:ribed in Kxhibit .. ,.,. atte.Ched hereto. A aap or t.be aervice City doea not requin payaea.t unt.il ft.Ch U.. aa tbe pu-cel ia connected to and tma benefiting fraa the aewer tacilic.ie•. The property .. y be aold or ill any~ otbel." way ~e ba.Qc.la wit.bout triggering the requ.ir-.ent., by the Cit.y, or: payNnt; of t.be cbargee &Hoc:iated. vitJi tJu• di•trlct. w::aa n facillti•• 1n thi• Special Aaaet...:t.t Di•trict and wbiell prop.rciea 1 I i iii ;; ~ ii I i ~ :. ~ ' .._ _______________ ...... _." ............ --------·--,_,._....._ I . • - - • • - OIWINANCE '6l l have not been charged or assessed with all coate of the Baat Rent~n Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition co the payment of th~ connection pe:rai.t fee i:IIld tn addition to tbe Byatem development charge. tbe following ad.ditional feea: A. Per Unit Charge, New connections of resid~ntial dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge or: $0. 069 per square foot of property. 'ntose properties !iicluded witbi.Jl this Special ASeessment Difltrict and which may be assessed a charge thereunder are included within the boundary legally deacri.bed in Bxhibit. ·A· and which bo\Uld..o:ry ia ahowq on the w_p attached as Bxhibit •s. • QCTJCS III, In addition to the a!oreatat.ed charges, there &hall be a charge of 4.llt per annum added to the Per unit Charge. Tne interest charge shall accrue for no more thml ten UO! years from the date this ordinance becanes ettective. Intll:!reat charges wlll be simple interest.and not compound inte~eat. QC'l'ltl( xv. Thii, ordinance ahal.l be affective upon its paaaage, approval, and thirty (30) daya after pul)lication. PASStm BY THB ClTY COUNCIL thia J..a.th day of.~-"JM~ .... ~~ ....... L 1996. --:I-...... '...___ ______ '-"-"'~--2 ................ """'-- I 1i 'U· ·f et· c+rt --1 l . ' I . • - 1- • • • OR.DINANCE •612 APPROVBD BY THB MAYOR this ~ day of __ Jun_e _____ , 1996. Appro~aa to foxm: _ C)Ui+-11..J~.1 •• 9 Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 ORD.516:5/20/96:as. Tanner, Mayor -:&{' -~----l.il..-.-.-3 ~- .____ ·t #Ml itMt:M# EiSJtntt' l I ' • I . . . "·---• - 1- -.... t_ co l I c::, .,c ~ ' 0 '\ \ CD 0) ,I • ·~ i -----. ' , .. - • • • Exhibit A LEGAl DESCRIPTION DI' THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR Portions ofS.CUons 8. 9. 10, 11. 14. 15. JS, 17, 21 and 22 all in Townshlp 23N. l<ange 5EW.M in King County. Washington Saotion 8, Township 23N, Range SE W.M. All of that portion of Sectlon 8. Township 23N. Range 5E W.M. lying East of the East right-of-way llne of SR-405 and South of the followmg d"'Crlbecfllne: tlqOnutng at the lntersedlon of the East IJne of said SocUon 8 with the ccntedine of NE 7th 5trffl; theooe Weoterty akmg oald ccntertine of NE 7th Stmet to Its Intersection with the centerline of Sunset Boulevard NE; thence Northerly along the cmlcrilne of Sunset BouleYanl NE to the North line of the Southeast 14 of Mid Soc!lon 8: theoa, West along Mid North line to the East right-of-way line of SR-405 and the terminus of 1181d line. Section 9, T-lp 23N, Range 1iE W.M • All of that portion of Stttlon 9, Township 23N, Range SE W.M. lying South &Pd East of too foJlawln,g dl!8aibed llne: Bogjnnlng on the conterltne of NE 7th 5tn:et at lta tntasecti:>n with the ocnterllne of ~s Avenue NE; tllel>c,, Easterly along the c:en!erllne of NE 7th Street to Ila hlte,-.tton With the ccnterline of MonrtleA""1ue NE: thence North along Aid centeriJno to the South Hnc of the N-14 of oald 5ecUon 9: thence East along aaJd South line to Its~ with the """""'111> of -A11a1ue · NE: tb<na: Northerly along oaJd oenterl!n,: to Ila -n with the cc"""1!ne of NE 10th 5tn,.et; theoce Eaat 111oug oaJd cem=11no to the East line of said 5odlon 9 and the terminus of oald lim:. Sodlon 10, T-lp 23N, RallgO SE W.U. All of that eort1on of Section 10, Township 23N, Range 5E W.M. lying Southerly and Weater!y of the followlng deoatlxd llne: BegJnnlng on the We,,t line of Section 10 at Its tm..-n with the North llne of the South I!. oftbe North~ of Said Sc:cUon 10; thmcc East alo~~ North line to lta tn-.i with the centerline of 142nd A-..nue SE: Southerly iwng oald centerllDe fa Its -n '"1th the North line of the Southca8t 14 of oald Soctlon 10: thence East llloug oaJd North llne fa b -!lo<• With the Eut Uno of Aid 5octlon 10 and the -... of oaJd Hoe. ..... :.--~~"-·'. """-------------"4,,t ......... ---. --= ··e:stwn-Htsnwh .-., t··f -· j . ' I . • • -..... :.. --, ,----··-.---- • • - Section 11, Township 23N, Range 5E W.M • • 4Ji oft.he Sruthwest V. of Section 11. Township 23N, Range 5E: W.M .. Section 14, Township 23N, Range 5E W.M. All of that portion of Section 14, Township 23N, Range SE. W.M. deacdbed as follows: All of the Northwest \lo of said section, together '"1th the Southwest \lo of said sa,tion, ca:epl the South I!> of the Southeast 14 of said Southwest \lo and ""'"Pl the plat of M<inlln: Homeslt<s and \!, of .-adjaa:nl as rocxm:led In the Book of Plats, Volume 58, Page 82, llo;:onls of King County, Washington. and """'Pt the South 151.55 feet of the &,st 239.435 feet of Tract 6. Block I of Cedar River Five Acre'lracts as rooord, 'In the Book of Plats. Volume 16, Page 52. llecord•of King County, Wasblngton. Jess I!, of the street abutling said portton of Trad. 6. Block I, and less Tolct 6, B. >Ck 2 of said Cedar River Flve h:re Tracts. l<ss \!, of the street adjac:=t ID sald Tract 6, Block 2, and =Pl the South 82. 785 feet of the East 150 feet of'lract 5, Block 2 of said Cedar River Tho, Aae Tracts and less \!, the stnet adjaamt to said port1Dn of Tract 5, Block 2. 5ect1on 15, Townahlp23N, Range5E W.M. All of that portion of Section 15, Township 23N. Range SE. W.M., except tile Southwest 14 of the Southw..st 14 of the Southwest \lo of said section. Section 16, TOW!l8hlp 23N, Range 5E W.M. All of that portion of Section 16, Township 23N, Range SE W.M., oxccpt that portion of the Southeast \lo of the Southeast \lo of the said Section 16 lylng East of the Eaat llne of the Plat of Maplewood Division No. 2 as reco,ded bt the Book of Plats Volume 39, poge 39, Rttonls ofKJngCountyWasblngt<>nand Its Nortberly <:Xtcnslon to the North line of eald Southeast 14 of the Soutlxut \lo of the said Section 16 and eooc,ept that portion of oalcl section lyln.g Southerly of the Northerly right-of-way line of SR-169 IMaple Valley Hlgltway). Section 17, TDMIS!dp 23N, Ringo 5E W.11. All of that portion of Sec:llon 17, Township 23N. Range 5E W.M., lyln.g Northeasttrly of the Northeasterly nght-<>f-"'8y of SR-169 (Maple Valley Hfgbwa)'l and East<:rtY of the East rf&ltt-of-way Une of SR-405 aa that portion lying gen,em1y W'e11t of the Eut and Southeaaterly llne of 11ro1111on Way NE lying o·lhsthtil ttr itti:itll' at"'l:: I i i ' I . • - J- ,-...• ---..- • • • ,.. .. 3of3 betw=i the South line of the NE 3rd Stnet ond the Northeasterly margin of SR· 405. Section 21, Township 23N, RangaSEW.M. All that portion of Section 21. Township 23N, R SE W.M. lying Northeastmy of the Nortb<aataty d!O>t-of-way line of SR-169 (Maple Valley Hlgllway) and West of the East lfne of the Plat of Mapk:wood Dtvls1on No. 2 aa recorded In the Boal< of Plats, ""lume 39, page 39, Reamla of King C.Ounty, Waablngton. s.dlon 122, T"""""1p 23N, Range IE W.M. All of that portlon of Section 22, Township 23N, RaDge SE W.M. descrlbcd as follows: All of the No,,_ 14 of the -14 of uld &dmn 22 ly!ng Northerly of the Southrrly 1-af tbe Plat of Mapkcd Hdg)>ta .. .-.,ded in tl,e -of Plau, volume 18, pap I tluuugh 4, llecotds ofl!lni Couat;y, W-mgton. Togethe,-with the North 227.11 feet oflheW...t 97.02 of the N-14 of the Northeast 14 of &aid Section 22. , ... . ' I . . • ·- ' l .. • • • - Exhl>it B EAST RENTON NTERCEPTOR Special Assessment District Boundary 2000 1:24,000 e SANl'A&YSlWIIS 1 ?Ct rflMIW .... Clsl ~ ..... . ,.., --a,,iw. IZZZZI ....,_ ,_ _ _. ......, -·&ffe-Hv :,.·41:tvat-hfiifitz -, '"" I I . • I 20050902000537.:: 111111111111111H 20050902000537 FIRST A"ERICAN "EMO 38.00 PAGE001 OF 007 09/92/200S 11~~1 DEVELOPMENT Pl'\NNING KING COUNTY, Cl1Y OF Rf:NTOM AFfER RECORDING MAIL TO: Namo CeeoDef]'l) ~,1..Vlt..; JUL -9-2007 Address/~tuJeNf;i',. ,~fx'/) . . Rl:CEIVEO City/State~--~,J,J!t 'l_D?J . . [To°'wio1McilnloTm;lm}ljlt 3. 4. -2 FirUAmerican Title lnsuronceC:ompany ~J 41 ?zft Reference Number(s) of Documents assigned or released: ·· · · . . . FIRST AMERICAN [olfq!lo9 · D Additional numbers on page of document (1/ris space far-till« comp4ny 11.tt t:m/yJ _ frm'.v~trffl~~and wtials) 2. 3. 4. 5. 0 Additional names on page of document r:uvufiiye~~hp,nait, .. 3. . . 4. · 5. 0 Additional names on· page-· -~· of document Abbreviated ·Legal· Ot,scription as follow~: (t.,; lotJblockipfat.or ~ionirownship]W1ge/quane,iquarierJ · .. / of. 21 Sher+ P!a&NO. /!(DI!/ I Y(!Drd-&1. _ .·· Ol)JIIC} B; fltf3t.( i[_e'auz/;~ .# 'ZJXyltCf-/-31/ . 0 Conipleie legat·descnptioil is:o~·page. . : '·. · .ofdocuhtent NOTE: T~ audilorlrecorder witl rely on the information on the form.. The .sta/f'tYil/ not uad. tlu: docununt 10 verify th,t. accuracy or comp/€.u~ss of rM itukxlng Information provided h«r~in. · • After Recording, Return to: Geonerco Management, lnc. Aun: John Ba~inger I 300 Dexter Avenue North, Suite 500 Seattle. Washington 98109 MEMORANDUM OF AGREEMENT 20050902000537.·:···· NOTICE is hereby given that Harbour Homes, Inc., a Washington corporation, as Buyer, has entered into a Real Estate Purchase and Sale Agreement, as amended, with Langley Development Group, Inc., as Seller, to purchase real property located in the County of King, State of Washington described as follows: See Exhibit "A" attached hereto and incorporated herein. BUYER: Harbour Homes, Inc., State of Washington } j, ' ~ ) County of -'-"!::3-} ss. SELLER: Langley Development Group, Inc., a Washington corporation B~d~ C. Thomas Foster President I certify that I know or have satisfactory evidence that Justin Lagers is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated he was authorized to execute the instiument and acknowledged it as a Land Acquisition Manager of Harbour Homes, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. , (Seal GEN. DINIUS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES FEBRUARY 19, 2006 o,.,q~<~ Signature: ~ /I , Title:~ ' State of Washington } } ss. County of /<; j =J } [ certify that I know or have satisfactory evidence that C. Thomas Foster is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated he ~as authorized to execute the instrument and acknowledged it as the ;o/lL-S:-c p. J of Langley Development Group, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. """ 1' ~" tr_ Signatur:~ ~~ Title:~ (Seal or Stamp) • ·SGHEDUlcf-* {;. xh,'b:1--t::\ 2005u:,u;,:uuuo;, I . -- 1. Commitment Date: August 02, 2005 at 7:30 A.M. 4. The land referred to In this Commitment is described as lbllows: Real property in the County of King, State of Washington, described as follows: Parcel A: Lot 2 of KING COUNT"/ SHORT PlAT NO. 480111, recorded June 18, 1982 under King County Recording No. 8206180434, In King County, Washington; EXCEPT the East 11 feet of the North 80 feet. Parcel B: The North 97.39 feet of the Easterly 206.01 feet, as measured along the North rone, of the North half of the North half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., In King County, Washington; EXCEPT the East 30 feet for County Road; ii_. LUU~u::,u,uuu:i..>1 --~---- TOGETHER WITH the East 11 feet of the North 80 feet of Lot 2 of KING COUNTY SHORT PLAT NO. 480111, recorded June 18, 1982 under King County Recording No. 8206180434, in King County, Washington. Parcel C: A non-exclusive easement for ingress and egress over the North 30 feet of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Ranges East, W.M., In King County, Washington, EXCEPT the East 30 feet thereof. Parcel D: A non-exclusive easement for ingress and egress created by instrument recorded under Recording No. 8204090283, in King County, Washington. Parcel E: The West half of the West half of the South Half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; TOGETHER WITH the West 25 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East., in King County, Washington; EXCEPT the North 90 feet thereof. Parcel F: A non-exclusive easement for ingress and egress over the South IS feet of the South half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion lying within Parcel A; and except that portion lying within 142nd Avenue Southeast. Parcel G: Those portions of Section 10, Township 23 North, Range 5 East, W.M., In King County, Washington, described as foltows: The West 25 feet of the North 90 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; and the North 90 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast; EXCEPT the West 25 feet thereof. Parcel H: A non-exclusiVe easement over the South 15 feet of the North half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of said Section 10; EXCEPT the West 333.20 feet; AND EXCEPT the East 30 feet thereof; AND EXCEPT any portion thereof lying within Parcel A. Parcel I: A portion of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range S East, W.M., in King County, Washington described as foltows: COMMENCING at the Northeast corner of said Subdivision; thence North 88°20'43" West, along the North line of said Subdivision, a distance of 30.01 feet to the TRUE POINT Of BEGINNING; thence continuing along said North line a distance of 275.61 feet to the East line of the West 25 feet of said Subdivision; thence South 0°10'02" West, along said East line, a distance of 329.43 feet to the South line of said Subdivision; thence South 88°20'52" East, along said South line, a distance of 275.51 feet to the West line of the East 30 feet of said Subdivision; thence North 0°11'06" East, along said West line, a distance of 30.01 feet; thence North 88°20'52" West a distance of 100.0J feet; thence North 0011'06" East a distance of 99.03 feet; thence North 88°20'$2" West a distance of 82.49 feet; thence South 0°10'02" West a distance of 99.03 feet; thence North 88°20'52" West a distance of 73.02 feet to the East line of the West 45 feet of said Subdivision; thence North oc:i10 102" East, along said East line, a distance of 177.38 feet to the South line of the North 122 feet of said Subdivision; thence South 88°20'43" East, along said South line, a distance of 2S5.S6 feet to the West line of the East 30 feet of said SubdMsion; thence North 0°11'06" East, along said West line, a distance of 122.04 feet to the TRUE POINT Of BEGINNING. Parcel J: Lot 1 of KING COUNTY SHORT PLAT NO. 480111, recorded June 18, 1982 under Recording No. 8206180434, records of King County, Washington. Parcel K: A non-exclusive easement for ingress and egress over the North 30 feet of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range S East, W .M ., in King County, Washington. EXCEPT the East 30 feet thereof. Parcel L; The East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; EXCEPT the North 230 feet thereof; ALSO EXCEPT the West 25 feet thereof; TOGETHER WITH the West 10 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; _ EXCEPT the North 230 feet thereof; All in Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington. Parcel M; A non-exclusive easement for ingress and egress over the South 15 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, WUlamette Meridian, in King County, Washington; EXCEPT the East 30 thereof. Parcel N: .:::uu.:>U;JV.LUUU;;;~' -- Tract B of Short Plat No. 1274035, according to the Short Plat Survey recorded under Recording No. 7601130712 and corrected under Recording No. 7601210467, in King County, Washington. Parcel O: A non-exclusive easement for Ingress and egress as delineated on Short Plat No. 1274035, according to the Short Plat Survey recorded under Recording No. 7601130712 and corrected under Recording No. 7601210467, in King County, Washington. Parcel P: The South 140 feet of the North 230 feet of the East half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; EXCEPT the West 25 feet thereof, and the West 25 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter; EXCEPT the North 90 feet and EXCEPT that portion of the West 10 feet lying South of the North 230 feet of said Subdivision; AU In Section 10, Township 23 North, Range S East, Willamette Meridian, in King County, Washington. Parcel Q: A non-exclusive easement for ingress and egress over the South 15 feet of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, WIiiamette Meridian In King County, Washington. EXCEPT the East 30 feet and the West 25 feet thereof Parcel R: Tract A, King County Short Plat No. 1274035, recorded under Recording No. 7601210467, being a correction of Short Plat recorded under Recording No. 7601130712, in King County, Washington. APN: 102305-9385-02 APN: 102305-9015-00 APN: 102305-9036-05 APN: 102305·9070·02 APN: 102305-9098-00 APN: 102305-9123-09 APN: 102305-9125-07 APN: 102305-9176-05 APN; 102305-9291-05 APN: 102305·9177 -04 I I ~.J~: l<x ,,. -/. .. . } •.. ; " ~ .. . ... "j , ~ ,.. ,.., . ., - -~ ,,I._L U/ ;t_ .. / ""-i-f /, "A;.,t..__J. ~ ...... _..,. __ ,.. /£.....-....:-1,'",..,. -f",-,.-'t .-.-,:-,',~ 'i} . ..>l .. -· -'. r --" ,. ,,s~~ ~ ... _ ,;,..J.·J .. t ....... /_..,:-, --~·,.., ... 1.£,..,..-.. ~ /f' ;1 a..... 6,,,,./ ..-:· ... .,,t!..., 71.'!J.- , .. , '°'\. ,-\>:/. -r -1A:3\:,:'.:~:.·,-,_. cl-.t__ .1-tJ ,tf.....,_ aL...-r. ..£...-4--V~. ..i.. .. .:(" --~.._,z.l';... v··;...~.-1. ·! ..... 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DEVELOPMENT PL~NNING C!TY Of' RENTOIJ JUL -9 2007 Rc:CElVEn .. .. '.rl/(if}f·' :·-~ .. ~~ .. «~·~ ~'--'c-~.CC,'-_~---~~..i..::,,-,· ---,;':,I; I -~· ------.~,.,. i!g"~ t..;. __ ~-:~ • . . ~ .... :•tt "-~"'" ,.i 9!.'•-~., .......... ..,.. .• ~ ....._," .;~o . ..... ~ ,,..;....,.:.. .• -...... ,r.;.;. .. , Md.~.-.,-.,;,; ... ;..;.,; .... .-..:.. •.. ;:. . . . . t . ' . . . . . . . ,-... -~ · ... ---. .'·-- -·-··-------~ .......... :... .. _-_ .... 11:•-..:-----.-- ;j :j 1 ' (") <tJ (\J 0 O' 0 i N co ·,.,,- .... \: J O" ·" o, ::.:. {!·1 -.~,. ?~,:::o ;~ DEvElo~ . err ;MENr i or i,rNP1. •1rvrv,,,~ EASEMENT . ro~, 'Ve, JUL -q . FOR VALUABLE can:aoERATION, receipt of which is hcrGby b . . . " 2001 fl c . ,, t..· acknowledged, the Granto.ts, MR • .AND MRS. MIJ<E PRUM.MER, hereb~· (,_;,;;,Jt,~D grant and convey to the Grantees, JERRY J, MADISON and JULIE A. MADISON, his wife, their :::uccessors and assj_='ns, the right, privilege and authority to construct, improve, repair and maintain an easement for .ingress and egreas and utilities across, over and upon the following land, located in iing C~unty, State of Washington, to-wit: PARCEL 2: Those portions of the SE 1/4 of the SW 1/4 of the NW l/4 of the SE 1/4 of · Sec. 10, T, 21 N,, It, 5, E.W.M., described as follows: The south 30 feet, That this easement shall be for the benefit of the following described property located in J<ing County, state of W'ashin•,ton: That portion of the Northeast 1/4 of the Northwest 1/4 of the southwest 1/4 of the Southeast 1/4 of Section 10, Township 23 korth, Range 5 East, W.M. in Xing County, Washington, described as follows: Beginning at the Northeast corner of sdid subdivision; thence Westerly along the North line thereof 206.0l feet to the true point of beginning; thence Southerly p4rallel with the Easterly line of said subdivision' to the South line of the North 1/2 cf said subdivision, thence Westerly along said ~o~th line to the East line of the west JO feet of said subdivision1 U1ence Southerly along said East line to the South line of the N!Jirth \7 feet of the South l/2 of said s.ubdivision; thence Hesterly along aaid south line to the West line of aaid subdivision; thence Northerly along said West line to the Northwest corner of said subdivision, thence Eaaterly ~lonq the North line thereof to the true point of begihning1 TOGETHER WITH an ea•ement for road and utility purposes over the North JO feet of the West 176 feet of the East 206~01 feet as measured along the North line of baid Northeast 1/4 of the Northweat 1/4 of the so~thwest 1/4 ot tt~ Southeast 1/4, aaid Section 10. That said easement is for the benefit of not only the Grantee but ala.9 fer· the bt1nafit of the following utitilies1 water, sewer, electricity, and any other utitlies to aerve t.he property. · · T 11Er·111°r,) 1% c:c1SE TA), NO . · · ... , • lUn& Co. Rc~~ . ..i~ L • ~ &a&,il,.1. ~-· 1:., · By_.U.-• '• ~ ., ' " ' I ' ' " -----~----.-,.! ._._,.:;._ .... -... ~-·::-~~· .·"' . --.. ,, . PROVIDED HOWEVER, this easement is limited for the purposes of a single unit domestic dwelling house on the parcel benefitted and if the premises are subsequently subdivided or a second or ~dditional business or residence buildings added, no benefit of this easement shall accrue for the use and occ,,,ancy thereof except by exprcs_s addi- tional grant of these grantors. PROVIDED FURTHER, the full length oft.he road to be installed on the easement strip w:11 be paved by grantees and at their expense to a width of not more than and not less than 15 feet with thickness and composition equal to or better than that required by King County for public residential streets: and said pavin9 ~o ;,e accomplished not later than June 1, 1962, and, upon failure of the grantees to effect such paving within the requirements and time limit specified, then this easement can be terminated and nulJified by written election of the g~antors recorded in the pu~lic records of King County, Washington, not later than August 1, 1982; and if no such recording is effected, t~n from and after the August 1, 1982 date, this easement sha~l be per- manent and perpetual subject to the limitation of use eKpressed above. IN WITNESS WHEREOF, the said grantors have executed tl1is "'9 ;JJj' ; easement this _.,.. __ day of -<-L,+!!,.fvu-A="-''----'' 1982. PRUMMER (Wl.fe) -2- -~--....-i:-,,..._ ; I I t I I l l [ I f ' ,:l i\ ("") co (\J 0 O'- 0 V 0 (\J )' co f·· .. " -~-- ' STATE OF WASHINGTON COUNTY OF SNOHOMISH Ss on this .JL day of !Jf/u , kr, 1982, before me, the undersigned, a NOtary Publicn anoi the State of Washington, duly conunissioned and sworn per!..-nally appeared MIKE PllUMMER and PROMMER, his wife, to me known to be the individuals described in and who executed the foregoing instru- ment, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. "\ WlTNESS my hand and official seal hereto affixed the day and year in this certificate above writteri. · ACCEPTED this '-fl IE A. MADISON, his W1 e ,__, STATE OF WASHINGTON ~ .. COUNTY Qt' o/,o/ On this l5/· day of {jf"'&F' , 1982, before me, the undersigned, a Notary Public infor the State of Washington, duly commissioned and sworn personally appeared JERRY J, MADISON and JULIE A. MADISON, his wife, to me known to be the individuals Jescribed in and who executed the foregoing instrwnent, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary a.ct and deed for the uses ana rJurposes therein mentioned. and WITNESS my hand and official seal hereto year in this certificate above written. ' . .-,;.· -----,\ ' I '' I 'I •,.~ ' ' .. :·,~-\ . : ,, . ':_,:.~/>.'::__,/. .. -· .~ .. ~--~,._,, ... affixed the day tato i r i l !i ' ,,' ' , . fi ' .,· . ···,-li.i.o! '. , '1. .,-..-~....---~-~ 20050831000896.~; " ' JJJJIIIIIIIJIII FIRST A"iRICAN ~OS 37 88 POGE801 OF eea ' 18/3\/2188 19:11 KING COUNTY, WO Df:V f:Lop, •c-c1ry '"1c:NT p Op o~ L 1N1'JJA1 ---="R&,ir·G JUL -n ·' 2001 AFTER RECORDING RETURN TO: Roger T. Dunaway Ater Wynne LLP Two Union Square 601 Union Street, Suite 5450 Seattle, WA 98101-2327 Rt:Cf£fl!ED FIRST AMERICAN W?:351~ COVENANTS RUNNING WITH THE LAND RESPECTING EASEMENT AMENDMENT Li { 1> 3 "}- Gran tor: Norman F. Lane and Tracy Ann Lane Grantee: Langley Development Group, Inc. a Washington Corporation Legal Descriptions Abbreviated: PARCEL 2 SHORT PLAT 777009, REC 7803070757 Tax Parcel Numbers: Reference numbers: LOT 2, KC SHORT PLAT NO. 48011, REC. 8206180434, AND SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, SOUTHWEST QUARTER SOUTHEAST QUARTER I 02305 9397 08 102305 9385 102305 9015 8204090283 THIS AGREEMENT is made and entered into this (}.siff-day of August, 2005 by and between Norman F. Lane and Tracy Ann Lane, husband and wife (hereafter "Lane") as owners of the below described real property referred to as the "Lane Property", and Langley Development Group, Inc., a Washington Corporation (hereafter "Langley") as owner of the Page· 1 20050831 OOQf'i(I,;. ,:,,·, below described real property referred to as the "Langley Property". Lane and Langley will be collectively referred to as "the Parties" herein. SUBJECT REAL PROPERTY The Parcels which are the subject of this Agreement are: LANE PROPERTY King County Tax Parcel# 102305 9397 08 Parcel 2, King County Short Plat number 777009, recorded under King County recording number 7803070757 LANGLEY PROPERTY King County Tax Parcel# 102305 9385 102305 9015 Parcel A: Lot 2 of King County Short Plat No. 480111, recorded June 18, 1982 under King County recording No. 8206180434, in King County, Washington; Except the East 11 feet of the North 80 feet. Parcel B: The North 97.39 feet of the Easterly 206.01 feet, as measured along the North line of the North half of the North half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington; Except the East 30 feet for County Road; Together with the East 11 feet of the North 80 feet of Lot 2 of King Count Short Plat No. 480111, recorded June 18, 1982 under King County recording No. 8206180434, in King County, Washington. Parcel C: An easement for ingress and egress over the North 30 feet of the Northeast quarter of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington, Except lhe East 30 feet thereof. Parcel D; A non-exclusive easement for ingress and egress created by instrument recorded under recording No. 8204090283, in King County, Washington. Page -2 20050831 nn1:11i~i; a:", RECITALS WHEREAS, Lane and Langley are the current owners of the Lane Property and Langley Property described herein and successors in interest to that certain Easement recorded under King County Auditors File No. 8204090283 which encumbers said Lane Property and Langley Property. AGREEMENT NOW, therefore, it is hereby made known that Lane and Langley do, by these presents, make, establish, confirm, and hereby impress upon the Lane Property and Langley Property herein above described, the following covenants to run with the land and do hereby bind themselves and all their grantees, assignees, heirs and successors to said covenants to the terms hereafter stated as follows: 1. That certain document entitled "Easement" as recorded under King County Auditors' File No. 8204090283 is hereby amended as to allow for vehicular ingress/ egress access to accommodate more than a single family residence. The Easement is further amended to allow for emergency vehicle access in accordance with current King County Washington requirements for such access. 2. The parties acknowledge that there is a possibility that the Easement referenced herein may become a dedicated roadway within the City of Renton Washington at a later date. The parties agree to cooperate with the City of Renton, in that event, to facilitate the dedication. 3. Lane shall relinquish onto Langley any future rights to change, expand, extinguish or modify the use of the Easement, including extending ingress/ egress access to any other property owners whose real property is not currently benefited by the Easement. Lane shall always retain ingress/ egress access for themselves at all times. 4. This instrument contains the entire agreement relating to the issues addressed herein. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the parties to be charged therewith. 5. The covenants contained herein shall run with the land. 6. The covenants contained herein shall touch and concern the land. 7. This instrument shall become effective upon the signing of it by Lane and Langley, and shall be binding upon their respective grantees, assignees, heirs and successors. 8. In the event this instrument is placed into the hands of an attorney for enforcement of any of its terms or conditions, it is agreed that the breaching party shall pay the reasonable attorneys' fees and costs of the party seeking and prevailing in its enforcement. In the event of a dispute under this instrument, it is agreed that the parties shall submit the dispute to mandatory arbitration in King County, Washington. Page -3 IN WITNESS WHEREOF, THIS INSTRUMENT IS EXECUTED ON THE DATE SET FORTH ABOVE BY: STATE OF WASHINGTON ) ss. COUNTY OF KING ) 20050831 000896.:: I certify that I have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day personally appeared before me NORMAN F. LANE, to me known to be the individual described in and who executed the within and forgoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official 2005. Page-4 20050831 000i:i!11; _,-cc:· STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day personally appeared before me TRACY ANN LANE, to me known to be the individual described in and who executed the within and forgoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 2005. ·····'"'"· -1 -,··'· 1.,.. TI ;·-:· .:· _ ..... ~·4·· .. . /<• .. ~ I.:-,. ••• "...,,cit-r -,,, ~ .. -"'(l ~' r '~. v~ : :' .-110TI .. ,, ·~ · .. ,., =,_;; -~ ';; ~ ;"; ~/.;f} · .. s·':>l ·-· Page-5 J5/iday of 4:5us-f / _) LANGLEY DEVELOPMENT GROUP, INC. t:.ZA! ~-;;Ab- Printed name: c? YhomdS t=,;s-kr- Corporate Position: -18:;nt!<"'.~'.i~,~IJ~·:'!(=---- ST A TE OF WASHINGTON ) ) ss. COUNTY OF KING ) 20050831 nnniilli;_-: I certify that I have satisfactory evidence that the person appearing before me and making this acknow Jedgment is the person whose true signature appears on this document. On this day pers?rn)l.ly appeared before me C ' 71Jornc_ J fflS-7'-.f!r who is the Pce..r id?rtf: of Langley Development, Inc., to me known to be the individual described in and who executed the within and forgoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this ~!::,-/:i..day of 2005. .- Page -6 O~L,;R.t'\TtG~ OF CO:iOiTIO~S # covs:.:~'.~S A.'aD ~-=ST:l!CTI:o~:s ~GA..~Dt:"~G .~..;:;E:<:..T!O?: TO ;. ~USLIC WAT£R 0:t.CTR.!CT .A::D :'O?.!~i.T!0!1 OF n L.r"'T!r..ITi' !.OCAL I:·li>~ot.r··eMa~;T orsT.:t!CT (Buiid.i..-iq er ?.!.ilt:.l per~y dcsc=ibed bela4. (().nertsJ :~J P~CF~~-~ C-•~c~s. here~~ covcn~nt 3nd e:: .... -o~. : =- ;:Ecc. ~ C~SfC:~ .. ---' .... : .. ---= ZJ ~s Z/1i'Q ha;.Te req:ueS'C.(?d the issuance hy Ai.."1.g COU."lty o!' the ••• ,_,_ ~-'?.1J.l';'!fing pe=i t o: ap:;,:oval for l:h"-' above c!ese,:ci!,ed p,:ope=y, ~.,--· ::J,l L..--: ~..t.:. (Jeb !b. or ?li::: '"'· I 3. iJU:su.ant ~o Xi.."'lg Count:".; Ordinance 5828, Section ..; • ·..r !: a..ba~c ~c.seri..bod pc.i::tit or ap?rJv~i is exeQpt froa King County's 4. Beeogn:i.:ing :.~e 3tj•e fac:;.s and in ~a~aider3ticn o! ..c~,9' cou..,.t;·•s i:;;:;;t:.'lr..ce of :ho rcques:ed pan.:iii~/approval:: A. I/He hQ::eb-.1 agree t:o join .i:i the: excc1.n:.ion c~ D p~c!e~o:i far. and noc co pra:es:-~e an.~exation o~ die suh- JQC= prgperey co a public water district~ F~L ~hi..s purpo~e, X/we ~~rcby d~si9n~:e t:.hc ::ian~ger o~ t..~c puh1ic ~atcr distric~ ~o ~h~ch .;1:1 .. •e.x~:ion ~s pr~;:a,oaed a~ our 3gcn~ ~u-:hori:ins to sig:i a ?CCitian pursuan~ ~c RCW ~7-2~.010 on our boh~if. 3. I/We hereby ag~ae ~o join in t.~e execu:!on of a "?C-=..i,:.ion fg: ..i.nd noc :a p~occsc~ che for::o.~ion a~ 4 ut~li~y , l.oca!. i=pr.:,vemcn't. dis:.ric:t for purpoascs of provi.t:ing-,,,ac.c.,.; r, ...... _ .,, ...... ii!£!. 0,\ i ., Brr ll JI 27 Afl '81 =:D,_:.•;1,,·IOF :-!..~-__ ~;.ni;;. . . . - :n ft') LO ·=> (\J :n .. ::\.lin~ and fire hydrants ~onsiscenc '.o'ith applicable Kin9 County scandards. For thi~ ?Urpose, I/we hereby designate the m.-inager of che ?Ublic ~ater district responsible for tho loc~i improve- ment district as our age~t authorized to sign a peti.tion pur- su4nt co RCW S7.16.0GO en our behal!. 5. This Declaracion of conditions, covenants and Restric- tions is binding upon our heirs assignees and succ~ssors in interesc ~s the o-.mers of the above-described property and is a covenant i:unning wit.~ the land. 6. This Declaration of Conditions, Covenants and Restric- c:, tions shall not be ~zleased without ~he express written approval t") o:> of 1:he King County Fire Marshal or his succes&or. . : , to me known to be the (individuals) -~.icm"I' described herein and who executed the foregoing inscrument as ~heir free and voluntary act and deed for the uses and pc=poses he~ain mencioned. Witn1H1s my hand and sea~ hereto af£ixed • -~~---'~;:a· -~"':1'---· __ , 19!. .,;._ v~ -,\ II r: '"' , ... ,(\. -_,,. ... • a . ' ,v~ t.he I 'I. -day· oE ,.,. .; .', / ,_ : , I EASEMENT f'OM t'NDERU~Ol'NI) ELECTRIC SY5T£M ORIGINAL f'"Gtanlof' horein). grants, cnnvey, aml wananl.S io PllGF.T iiOUND POWER ,it LIGHT COMPAN'(, • Wai,hlngt.ofl cot· r,ora1lnn l"'Grrml('f.''' hPreinl. for thr: pmpOlfls h..::rcinahn ~cl f!lfJh a p<:>rpetual euemenl under, aaou and O'.ar 1'he fol- lowlr,g dast."l'ibed I'Cill ,.roperly (the "Proper!~·· horf!oinl ~--._King Counly, \\'aahlnJlon. Lot 1, as delineated or, King county Short Plat Nn. 480111, as recorded under Auditor's File No. 8206180434. Situqte in the Southwest quarter of the Southeast. quarter of Section 10, 'l'ownship-~3.North, Range S East, w.M., in King county, Washin9ton. ,:: .. -;._ Eireepl ms may be otherwisa Stll forth herein Grantee's righlll ahall be exetelsed upon 1hat (IOl'liotl of lbe Property ~he .. Righi. of Way'' herein} described as follows: AJUtltt-el--W.,...r--r,,-ee =:-fee+ift.wilitA-N\'Hll~-=--,-----~feetf.fNII: .1ht.lh•..._ ...... ..._.,._ 1£M.-awa~ ... 1o11--- .a:i •. northerly 30 feet. of the easterly 20 feet of said tot 1. 2. AcceM. Grantee ,hall havr the rtaht c,f aa:ess to the Right-of.Way over and across the Property to eneble Grantee to exer- ciao Its righla hereunder. provided, that Grantee sball compenaale Gtanror for ,my damage to lhe Property ca.UHd by lbe ex«· ciso of said righl or access. l. ObetrucllmJI; ~ Grantee may from time to tlm111 remove trees. buabin, or odm obslrucdons wirtrin me Right· of.Way and may level and grade the ~C-of•Wa)' IO the exllllll l"efl1011ilbly neceMBry to carry out lb putpo,ef 181 forth in p&ngraph 1 hereof. provided. th.:,,t tollow:lng 111y !Udi wcrk. Grantee .eh.111, 11:i the 9'(tent reuon,bly practicable. t91lon the Ri.Hhl4Way to tbe oondition 11 was immediately prioa-lo NCh work. PoUowing dlll:' imtalladon ol GAutee·, ~ factlttl:es. Grantor may undertake: any urdinary im~ment. to 1M lmd,caplf\8 of the Rl&ht-f'~-Way, provided that no treea or olher plantlt 11hal1 be plaCOO thenion wtuch wvuid be u-nreuonably cxpemlve or lmpmcitcal tor Gn.ntee to NmOW and 1'89l0ftl. 4, GnDlar'I Uao of Rqha""O(•Wa)'-Gr:antor fffervu th~ right to uae 1he Ri¢al-<lf•Way for any putpoN not ~t wUh lhe rlghll herein gnintlkf, provided: lhnl Grantot shall not conatruct or maint&Jn any buiJdlnl or other llrUehue on tbe Riaht· r.r-Way which would !n-terfere with lh,:i •~erdM er 1he right. hc!Nria. granted: lhe:t no di8Bln8,. hmnelin, w-olhor form. of con. alruction aclivHy shell be done on lhc Property which wuuld d.iaturb the ~action or urlftl'th Cranlee"t facl.litiu on lhe Right-of-Wey. or endanser the lateral support to aatd facilities: and that no blasti1'18 lha0 be dona wilh.in 15 feetaf the Right-of- Way. &. ..._.'>'· By aocl:Plinl BIid l'90l'r<lJJl8 du,. .. ,emeot. Ctmiae qr'IP lo indemnify and hold htnnlut Grtzalor fro.111 any and aU dabna tor ln)urlnand/or damugoa suffered by enypenon whit.h muy be caused by the Grantee's uercl.N of the rip.ta ~In er-nted; provided, lhal Granteu shall not be reapolllible lo Gran1ar for any lDJuria and/or damaa-, !O any penon cautad by acts or omluiona of Granto,. I. AINnclmuunt. The rightn herein ,'!ranted ahall continue until auch linie u GtantGe ceuss to use the RJat\1-0t·W~ lor a period al five rsJ sutceS!lfvo ye11r1. in which event this euemtlnl 11haU 1orminale and all righll hereunder ,hall revert 10 Gran- tor, provided 1h,11 no abandonment ,&hall be deemed 10 hevc occurrOO by rauon of Gr1m~·s failure to lntt11Hy install Im facllidel on the Righi.of.Way within ;1ny period of time rrom the date h,•reof, '1, I.. nu• ud Aultna, The righr:; 1md obHgallOll!i of the pnrttea-ahnl I inure to lhe her.11Ut of a.ml be binding upon their re1pe<1lve ,.,cc,i ... ,,l,na ... ,_ R--19U "JCJ-·,t4 ... 0689522 235··40 FIi.El fvR R!:c.QFlD AT REQUEST OF· rui.:1-: i PCw:n • ~[< I. c$Tlll o OiViSION PUGET WER fillXl. Alt : turen Sceva. 11«1 .. {f.; . -~~ ·) ~if ,,:.;·~>~-.v- '.S ·.;J: 1-i_:M . !•a·~<:;, .J_ .. chy of __ _ 6? --------• !9 _,_. ----·--------------- ~IJ\lUJI' \\'ASl11Nla1ur-. I ss COl.tl\-rV 01: On this day p..,ri,oni:.lly appetmid l)lttore me G • ~f • riU'!:t',.t::BLI\.N!J Cr DONNA D to~ known to he th<J individual ~ d'iKriberl in and who executed the within and roregoing ... t __ ~L-si~ned thu Slln,e as "C.nel.r free «nd ..,oiu1,:i>ry 3ct alld deed for the usea a ' GIVEN 11ndPr mr hand and official seal this _&:day of STATEOFWASHINCTON ! ss COUN'l'Y OF 0:-: :~i.• -::!fl}' :-~~,,.,~lly 'l['r ........ ,1 !-t .... ,.,. m,, _ ------- to mt! kn..iwn to be lh,~ inclhid1ml __ describer\ in and who executed the within and foregoing lmtrunieftl,. .alld Reknowledgtld lhlilt ------· signed rhe 1anic as ------_ free and volun~r>/ aci and deed for tM uses 11nd purpoan therein menlioru:d. GIVEN , 111,ler my 1-iand anrl offlcii\l seal this ___ day af ,19 ____ _ STATE Oi=' WASHINGTON OOUl'tfY Of ss I On lhis day perwnaII)' :oi:r,pearnd beforP. me Notary Public: in and fo-r 1htt Slale tJ Washiqton. residini at In me known 10 be lhe individual __ dem:rlbed tn and who executed the within and fgregoing imtru:nenr, 11nd adcnow-ledaed lhat ---·-signed the s.aml} ;s __ . ____ free and voluntary act and deed. ror th.e U5ea: and p:.:rpo~ 1hcretn mention8d. CIVEN under m:i,, hand ,nnd offici11l ~P,.1.I this ___ day of ---------------. ,, ___ . ST A1'E OF WASHJNCTON COUNTY OP On 1his __ dar of •• I fo mo Known to be !he ------- Notary Public in 111.nd for-the Stato:t m Wuhlnglo;,, re!id1ns at CORPORATE ACKNOWLEDGMENT , 10 __ , b.lora mu. lhc und~gnad, pmiona.lly app,NNd ,nd and • tt1vact1vety. of !he corporation !hat ueculed tbQ ror880fnJJ hwrumenL and 11clmowloclsod tl1e "',id in111rument ti• 1111 lhe £raa .ind volunlary acl end deed of !ilid corporalion, for the U&eJI nnd purpo,e.s therein m,mtiuned. and ("In 011th ~1.1te<I lh.il authori.zed lo oxecula the !laid inatru.menl and Iha! the Stml ilffilted iS tbr corpornJ,r. seal of sair< •-<'l"f)l'IN1li1Jn. Nol;try PL1b!lc. iPl , · 111 for th1J Slate or WaffliD!flon, re!idlng nt -· ·--------~---- .. ·( ! .1 ~- ORIGfNAfeEv\:f-DP;,un p1_,1N}11,;G . _ '* .,./l Y CA iib\fTQ1'\! CASEMENT For alld ,n COCb1d.cr3,[lon of 0~ Dollar fS J ,OOJ .and otlltr "•lullblc rnn..ideru.tion. 1tt.;, f'C«\p1 or w.hich U hffcby adcriutdcd&ed. JERRY J. MAoxsoN • Jt1LIE A. MADISON, husband and wi Cie, ('"On,,i~~ htmll>. "ttdt)-ra,ntJ. coa-.q~ and w.rnnts to PUGET SOLJND POWER 4 UOHT COMPANY. • Wawib,i;o• C'04µDnllltOII f'"Oraa1eewben::ii11). fi>-1h.: purpos,t11 Ml't'lnafm'"scf fonh. a pcrpetu,leuemcn.t ova.~ Wld UAdnllle follPWinJ *1n'ibcd real prnpc1Ty(1h·PTorit,1yw hcrftn) i.n Ki pg C011111y. 'VtUbin&tcll'l: Wt 2~ eod Ul:ll.inlH!t~~ Uh Kln<;J C.::n.i.ntY Shoxt Pla.t Nu. 480111, .as· recorded under Auditor'• File Na. 8206180434. · Situab: in tl\t: 8f.11.1thwest quarter of the Soutlleaat: ii:~J:te.,x-_ of ·sej;ti().ii .. 10, TOWnship 23 North, Range 5 East, w.M., in King eounty1 wa.~16,.~~- R'F.co/lriEli;~S~ j[c Z IJ ~1.llt '13 ·-, !;:_ Otl/lSION·OF .·,5 -~ ~-'..tCTiONS H\,; COUN I Y E•c.,cpc u may be Olhctwt!IC! ...-i fordt herein Cin11nu:e·1 rif:h111hall be uQriaed 11pon 1h11 ponlon or lhr Property (the "lli&N-of-W•,.-htffint dac:ribecl as follOW!C A-A,,iu ft.\a; -=---=--==----1""'~tt,1i~ .J' .... ~._ ...... ~a of•fflttffllllllf'~.,,W"'; The northerly 30 feet of eaid Lot 2, a:s~ 12. •J. ~CC~· - c.i:.sH::.:._ *0783 I ......... Grutct-1-hall hive the ri&h• to eonat111Ct, opemc. ~ntam, ~ ttpkce.ii.nd enkrp one or mon: olt:clric uanamhlK!ln .,.d/or diitrlllutioa linm, Oftr and/or under _ifie:·-Rlpkit·W:•i.1.ther Mth •If ncoawy or -~int appuntf\allClnl ~a. -hidi may indudc blD •~ not iilft.iie.:l:to ~ ~-.~ ·0 :· •• • • a, ~----Pob and/ortO'W'ffl willi crwaarim.;:~.1'111 • ii'4.i'!Wn; dedric •ninsiniukN:I aod dlsiribvtiOi:'1 tines; C0111J11Uni_ciation.·t!~·1jailal Ii~ tranifonneit'·~~ . . . . ':. . : .·. . b. U ......... fadlltlD. :UndergrC!'utid COl!diiltS:. at:.ble:s.· va"~ ru"nllo~ .wi~_a11d 1,.ndotmm:, SfflU- burlat or .lfOilnd ~ l'adll1~ 111Ct1 .. pad, tn•r~ and · .oilchel, . · Fcllowin1;M ini1laJ ~~ion af i~ r.acil._, c;ffllttC" -~y fttl!."' iiRIC ut·11ine ci,tm_iVcl lltffl additiadal tlaa .artd ,ptbc, fadlitia ~ it ma)' require . . i A.••.'O,-fNft1hall·haffd1• riPI of RIZO IO 1hc R i.ahr-of-Wa)I ovi,r'al\CI acrcift Ilic "Propmy to ffl&ble On.n1ee 10~ ib n,hlS hdt,under, piowtcd.1ba1 Otamtt &half compc111a"te: Grantol'for •n>iik'ftl.lir lo the Propffl)' C&UIOd: .. ~ ,~.uercue at ..w~~ or *1:llla. j_. .ClltCblsai~ OriiltUC' •hiill '--•tic rifht .io cut cw1rim any.and ~11 l,rulh «\ito~intor.a,vwln1·vpon 1M .-Gf.Way, a111f'alto0 1llc rllht io WI .or.irim any,,_ upon 1he Prope~y wllldt., lnfallinc. ca-,ld. In Oi'a?lttor'r. ~Mr j11dp111in1, bl! a·huanf 10 Oramet:" (acili:tiet. . ." · . . . {f. Gna,or ... u.. .r ~-w.:,. Gr:1!~10, rcKrva ·lite ript ,,; UR :.i:ie ·.:i~:.or•Way far all)'·~ aOI ~ wfih i.llerlahit'tlm!inararttied. provided.1ha1 OramOl"aball ftOI i:ioNtnKt·_lk ... lntain ... ,.~ilctil\gor_Mber :tii~-oo:dK,-af,in"of"•Wa)' •nd Oranrw •.hall do no ti1utln1 w,j1111n·300 l"llctof'Orant"ct:'a f'acllttks -'diou OniMff\ · .,~r~~:~· . ·: : , .. -... ·_.. :_; . ; .?$. ~ .... 11)'.,~~~ild ~Nlit11.fhil ealffllttlt,Or_anire 111'.ffl i.ouidcmn!l'J-«nd bOld 1tatm"•0nmw · - ?:,~y-~·ilt:~'/M for~nJiltin an~/.or.datrla&es 1ull'CJ'ed.by'1ny pcrson_:wti.?.m.ay be._~uaed by I~ oru1ee\ 1).1\ ·. ;.· •.. ;.·:_otibw·ioo ... :.:lfii!i. ·.:c,.~.~n:~MM .. ' .. " .. !!'. """" .•.• di.1~ran1tt·. ,hahnoi ... ~ra~blu~Otl:n1ortar.'!nyi,ij~M1.pd/t1t . Jf.t~.··ro.~ilf~-c:a~1~~cu~d~~ra~rora_~or.·; .. ···: ~,, .. ;·. ·: ·:.:.· .. ··. ·.':' .,:. ·" " ·· 1liaH~ntin1,N,• ' · W•l{).~ · "11 .. Ltbi:I ·, . -~i ~., .. ,.. ~·:t ';' JUL .. g 2007 ·-Rtd.;tlVED 8 t t p f ! I i ' ' ' ' ' l '. "' ,, J l .... ,,.,:\>'• '.,.,.. . -p:. ",1'f,:,,. ~ ··!l"j'S::1(• j -·.,, ,C , , 1 • · 7 Stato,.,,..ramtl AMil""· I h,· rii:h•,.mdoM1i:;i1i,,n,ul 11\11: ,.anil.'~ ,h;1II inu.rc:101tu: hcn..-fit41fm1\l k bin,Jinp;upon lil(-ir r,;•f'<"-11\.: ..,,.,,-,..,,.,,,. .u,J •''''!"."' GIVf:Nursdffmybaftd•ndnmcialsc,lthi,_&..ct1.yu( ~ , 19_8_3 __ ST,\TE OF WASHINGTON l ,;.5 COUNTY OF J On. 1hi& day pmon11II)' 1.p~~ bcfon: me Ot«; « , Yn-n:,~ to me .,,.DWft to be tile lrulivich11.I --dc.eribal in ll'ld •ho uecuard the within and fonaoing illWUtnalt. and Kilnowkdgcdthal ___ Ji,ned tltc,iumc H ___ rrcc 1.ftO 'JOlunl .. 1'}1.CI Hcl'deed ftiorthe u,i:sand P'lrpOlltlltbemn meruioned. OIYENundermyhllld<1ndomcitll11C1l1hls __ . _&yof-------------• "---- STATE OF WASHINGTON I S.< COUNTY OF J Nnlal')" PUblit: irt and for 1he Stale or Waslrin•oa. nr•idina M CO.RPOllATE ACKNOWLEDGMENT p,,1hP1---doyor . l9 __ .bcrrOl'l'IN llle11ciclcnipcd.pcrPMttyappeamd ---------------~·"' tonvkntiwntobethc and _ _ . .~ot ----------------,----thttvrpor.tlon.uwUU~ill'lhe·r~-~ and ~nowledll'il 11\f said il11tnunen1 co be ttic rm and Wll\tftlary aet 11od deid·otMld·~tiOlt. ,-. ••~an, Jn1JP01C1 1hertin mitationod. and on oa1h IWCd 1h11 ••hlltild to nmM tbc 1111W iAtirisfflnll and It.I lhc xal 11fflacd QI Ille corpora1c-1 of•id corpor.tlon. Witncq my band and omo.1 Kai ltmto affi.ud 11N: day and year linl abcM wriUcn. Nol1ty F"\lbtic: in aa:I Car~ 5-of ·Wuluqt1111L n:a:klN'IIM . ·.• i I I I. t· I I , , . 1 • 1 1 "1 I i J -__ j I I I JUL -9 2007 Ri:CEIVEO ACiFl:C:E?-:ENT THIS AGRic:MENT made anti entered into by anct between King ;:ounty Water Distrie':t !\lo, 90. hereinafter refrr-r·ed to as "Oistri~t··. and G. W. Sut.herland and D0r .. 1a ::-• Suthet"la.nd, his wife, hereinafter referred to as "Owners'', WITNESSETH: IOiEREAS, the Owners have applied to the District for the privilege of being allo\olfed to constrvct a temporary water servic:=e to a parcel of property that they represent wi.11 be segregated from the total parcel of ~r~pe~ty presently owned by them ~hich is described as; ~. V' •' • and. • • The Northwest quarter of the N~rthwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 1<vrth, Range .... East, W.r4., and The west one-hyl£ of the Southeast quarter of the North one-half of the Northwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range S Sast, W.M. in King County, Washington; except the North f.7 feet thereof. WHEREAS, the Owners have represented to the District that it is their ir.~ent tv subd~vide the aforementioned reai property into three parcels; 1. Pare.el. "A" being the easterly 110 feet of the afore- mentioned property; 2. Parcel 1•B" being the westerly 110 feet of the east- erly 220 feet 0£ the Northwest quarter of the Northwest quarter of the Southwest quarter of the Southeast quarter of Sect~on 10. Township Z3 North. Range 5 ~ast, W.M.: and 3. Parcel "C" being the westerly llO feet~ p1us or minus, of the Northwest quarter of the Northwest quarter of the Southwest quarter of the Soutneast quarter of Section 10. Township 23 North, Range 5 East, W.M. • King County, Washington; and WHEREAS. the upon the showing iHstric:t has provided of special hardshi:, a by resolution that prc-.. 9erty owner mQy AGPEEkENT -Page 1 . -._,:,. (I(.. '5.':. --.,..... .. -' t , I j l l t ... l . .,,. exempt ce~tain area of his property if same is platted and/or the platt..ing is guaranteed and occL!rs within a specified time; and WHEREAS. the Commissioners do find that it would be in the best interest of the District and the parties hereto, to grant this priv1.lege to the Owners herein, provided their property is subdivided into the thl'ee parcels aforementioned within one year; ar.d pt""ovidcd further. that certair. easements are granted to the District for its fJture use; NOW, THEREFORE, IT IS AGREED: 1. That the Ch,,ners do hereby covenant. promise-and agree that they shall complete their proposed s:'"'lort pl.at of tn.eir property not later than March 30, 1985; or in the alternative® the Owners shall pay to the District the awn of S 3 .. S-?; f1 as and for the cost of and/or the partial. cost cf the construction of a future Mater main pursuant to Resolution No. 352; 2. That the sum of $ easter1y 110 Parcel "A .. on the O~rs do and/or have paid to the Oistrjct t,. zt C' pursuant to Resolution 352 £or the eet ot their property which is set forth as Exhibit "A" wnieh is attached hereto. 3. fflat tl'te e>wners have acqu.1.red and/or granted the &asefflf!nts which illre attached hereto es Exhibits •a• and ••c' and do grant and/or transfer said easements to the Distri.t.;.t tor the District's beneCii;;. and as part of the consideration of the prov1sion5 and conditions herein. I. The D1-str1.ct does agree to allow DWnel"s the privi- J ~e of establishing a temporary service to the easterly 110 feet of their property which is described as Parcel ....... in EXhibit "A" whieh is attaehed hereto; upon the cond.1t1on t!ul.t said property is successfully subdivided and said suDdivi•ion finalized on or before March JO, 1985; it being c1earlY understood that if same is not acc:o":'lp1 (shed, then, in that event: a. The Owners shall have ten ( 10) days to pay to the Distr~ct the aforew~ntioned sum for their remaining 220 feet more or leas of cheir propert)·; or b. The District shall didcormect water service to their p:-operty. Time is oC the essence of this Agreement. AGREEMENT -Page 2. ------- ,- .. j ·, ....... , • ..II i l J i l l J f --~-~~~ --'1•r-'illjfii-r=====..--................ =----~-- This Agreement contains ell of the conoitions and provisions, understandings and representations of t•e parties and there are no oral representations, agreements. or understandings bet'Ween the par·t1.es that are not set. forth herein. This Agreement shall be binding upon the heirs. succes- sors .l!lnd assigns and:'or personal 1 ..... ~resentatives of the parties. DISTRICT By, Its: / './ President COUNTY OF KING STATE OF WASHINGTON COUNTY OF KING OWNERS: ~.~ .JJ~.,,L_ Donna ~ Suther On this day personally appeared before me. the w:Mler- •igned, a Notary Public in and for the State o~ waahingt.cx,i, G. S. SUTHERLAND and DONNA D. SUTHERLANO. to me known to the indiv1dual.s described in and who executed the ·,ri t" -n and foregoing instrument and acknowledged that they signed the aarne as their free and voluntary act and deed. for tha ea and purposes th~rein inentioned. ~~N under my hand and official ~ , 1984. AGREEMENT -Poge 3 NO .I the Stat... of residing at ---~ ..-.v.·,--_ -~c·o -·-···--· ... ---~ ................. -i , . .,..,.<.. • ·:-· j 1 \ • ! I i I I l J --,,-,,,,.--. The Northwest quarter of the Northwest qua!"":.er of the southwest quarte:-,~'f the Southeast quarter of Section 10, ··ownshif, 23 North, Range 5 £ast, W.M., and The west one-half of tt.e southeast quart~r of the North one-half of the Northwest quarter of the Southwest quarter of the Southea~t quar- ter of Section 10, Township 23 North, Range 5 East. W.M. in King County, ~ashington; except the Horth 67 feet thereof. 1. Parcel "A'' bein;i the easterly 110 feet of the afore- mentioned property: 2. Parcel "8" being the westerly 110 feet 0£ the east- erly 220 feet of the Northwest quarter of the North- west quarter of the Southwest quarter of the South- east quarter of Sect1on 10, Totimahip 23 North, Range S East, W,M.; and 3. Parcel "C being the westerly 110 feet. pl.us or minus. of che Northwest-quarter of the Northwest quarter of the Southwest quat·ter o-t the Southeast quarter cf Section 10. Township 23 North. P.anqe 5 C:ast.. ft. M. , K1ng co·unty, Washington * •' ... • # rt· r hr· > ~ ·1c1:rr· ...... ... -I -.~ ' i I l.--,~ .,. ____ ,;., -- ._..:.:~:.~· -~==----===== , I l • ' t l ' ' . l - • if' ,......._.. _____ --- KAS£MENT THIS INO£N1URE, ft'lade this /9 a day of )h1. ·, ,·.,I..,_ 198 iJ, by and bet,.,,een KING COUNTY WATER DISTRICT NO. gQ, a rnuni~ipal :::orporation, King County, Wast,ingt.on, hereinafter termed t'i,e "'Grantee" and G. W. SUTHER LANO .a.nd DONNA D. SUTh:-FtLAND, hl s wife, hereinaf :.er term~d the "Granter": WITNESSE r.· That the sa1d Grantor for a valuable constderation of providing the availability of wate~. receipt of which is her-eby acknowledged by the Granter, do~s by these prese,nts convey, grant and ~arrant unto the Grantee a perpe~ual easement for water mains and appurtenances under, through, above, across, the fol.~owing described property situated in King County, i.ashington, together wt th all after acquired title of the Gr'3ntOr therein, and more particularly described as follows; The North 30 feet of the Northwest quarter of the Northwest quarter of the Southwest ~rter oC the S-:.utheast Quarter of Section 10. T::::,wnship 23 North, Range s East, w.M. in King County, Washington. If the property of the Grantor at the time of granting this easement-is not platted, but is platted prior to the recordinc;;, of this document. then the Grantor does hereby authorize the Grantee to add to this Agreement the designa- tion (Volume and page, ~t cetera) of such plat. The Granter acknow1edges that part of the considerotion b~ing paid by the Gr~ntee is Cor any and all damage resulting to or resulting hereafter from the possible interf'erencE: of the natural flow of surfa.ce waters by Grantee's digging of pipelin~s which may disturb the soil composition with1n said easemer,c.. The said Grante-e shal 1 have the ri"";Jht, without prier institution of any suit or proceeding at law, as such time as may be nece-ssary. to enter-upon t~e easement !or the purpose o:f construct1ng, repairing, altering or reconstructing: said water ma1ns, or making ar..y connections herewith, without incurring any l.egal obligaiti.on or liability therefor, provided: l) The Grantee, Water Distrtct No. 90, will restore Grant or'• property to a r.ondi ti.on as good •• or better than the premises wore prior to entry by the Gran~~ee. 'Nater District No. 90: ;z) The Distrir.t will ex•r~i~ it• beat efforts not to damege any private imp~~v•~ent5 on th~ easement herein, but if it doe• ao. it ah.all repair and/or replace said 1mprovementa; ,.,.. "ro,... ........ , .... . ----. -------- • ------r I -':'. ··- -·-=-· :, i ' l I --------,r--------r~ Jl Resto~~~ion--replacement--repair--shall be con,pleted within ninety (90) days of the date of any entry by the Grant~e and said restorat1on--replaeernent--or repair will be of a quality and/or qu~ntity that is comparable or better than existed prior L~ the Grantee's entry upon the easement . .4) The above set forth conditions s:"lall appl.y not only to the initial eons-1--,1c:tion but :1lso to any re-entry by the Grantee that oecomes neces~ary for repair and mainte~ance of the water line on &aid easement. 5) Any damage a:.d/or rernovaJ shrub. fence, or rockery the aforernenti oned ninety Grant.ee. of any crnamental trE.?, shat l be repl.:iced Within (90} day period by the The Grantor shall retain the right to use the s~rface of the ea~etnent if such use does not interfere with installation ot the water main. However, the Grantor shall not erect buildings or stru~tures of a permanent nature on the easement during the exis~ence of sa1d easement. The easement, during its ~xistence. shall be a coven~t running with the land and shal1 be binding on the successors, heirs, and assigns of both of the parties hereto. IN WITNESS WHEREOF, ~e have set our hands and seais this L day of _,,11._.1_. .. _ ...... 0 ... _____ 198 .!£_. STATE OF WASHINGTON COUNTY OF KING 55. . ..,(> .· . . / -r';;:' . .· / >'":--< -..-....?.~4 -L G. w. --Sutherland I i •· z ,-_ ,l( · .-· ~ 71{ ·:" ., Donn.a D. Sutherland On this . day of -;,7 · / , 19s_.:.::.1 the under.s1gned, a Notar-·, PUb~in and for the State of Washington, person- ally ap~eared G. w. SUTHER:...AND and DONNA D. SUTHERLAND, to me known to be the individuals described in and who executed~~ wit~ in and foregoing instrument and a.ck-'towledged thl!li:. U:.E:,· signed the same as their free and voluntary act and dde0, for the uses and purposes therein mentioned. .,..,,,, GIVEN under my '>';{" I 98" / C 1 :..£ - hand and of!i~ial s..el Ndi'JJ!t~ POIL1t in and for the State oC W3_.lihi99ton, residtno at f,ll'L.-.L~ ·- - -.............,. _______ _ ···---~ ....... ·-_. -· •-"-" ___ ,,..·.-.J..,;.. ___ .... l f i I _/ i ,, .~ ·~· t .• ' l, EASEMENT "t,( 1:us INilENTURE. made this f.'i d~y of l)t"A ld.. 198:1...., 'by and oetween KING COON Y WATER Distk'rCT NO ...... 90. a mun1c1pal corporation, l{ing County, ~ashinQ' ... "n, hereinafter termed the "Grant.ee" and JERRY MADISON and JUL.IE MADISON I his wite-, hereinafter terrr.ed the "Granter": WITN£5SETH: That the said Gr-antor for a valuable cons2deration ot- TEN DOLLARS (S10.0U), receipt of whi~h is hereby acknowledged by the Grant or, 1.oes by these presents convey, ""'-ant and warrant unto the Grantee a perpetual easement for water mains and appurten~,ces U."1.der, through, e.bove, across. the follow- ing descr-ibed preperty Situated in King County, \li!a,sh1.n9ton, together with all after a~quired title of the Granter there~n. and more particularly described as follows: The North 30 feet cZ the Nol"theast quarter of the Northwest quarter of the Scuthweot quarter of the Southwest Quarter of Section 10, Township 23 North, Range 5 East, W.M. in King Co•...inty, Washington. If the property oC the Grantor at the time of granting thi.s easel!lent is not platted, but is platted prior to the recording of thi & document, then the Gran tor does hereby authorize the Grantee to add to this Agreement the de&igna- tion (Volume and page, et cetera) of such plat. The Grantor acknowledges that part o~ the consideration being paid Cy the Grantee is for any and all damage resulting to or reaul ting hereafter from the possible interference of the natural flow of surface waters by Grantee's digging of pipelin~s which may disturb the soil composition within said easement. The said Grantee shall have the right. without pr1or institution of any suit or proceeding at law. as such time as may be necessary. to enter upon the easement !01 the purpose of constructing, repairing, altering or reconstructing said .,,.ater mains, or making any r:onne<:t.i 'ls herewith. without incurring any legal obligation or 1iability therefor, provided: l) The Grant..ee. Water District No. 90, will re5tore Crantor • • pr~perty to a condition as gooc.l as or bet.ter than t:he premises were prior to entry by the Grantee, Water Distri~t No. 90; 2) 1'!ie District Will ~xerc:ise its best ef'f"orts not to damage any private improvements on the easement herein I but if it does so, it aholl repoir and/or replace said improvements; • I I I t -· -~ ,. --· re· ill' ---------- ---- 1 1 ' ' ! I ; J) --~-- Restoration--replar.emen~--repa1r--shall be completed w~thin ninety (90) days of the date of any entry by the Urantee and said restoration--replac:ement--or re~~ir will be of a quality and/or quantity that is c~mparable or better than existed pri~r to the Grantee's entry upon the easemen~. 4 l The above set forth ~onditions shall apply not only to the ~n1tial construction but also to any re-entry by the Grantee that becomes necessary fo~ repair and maintenance of .::he water line on said ea&ement. 5) Any damagE:. and/or removal shrub. fen-::e. or rocker-y the aforementioned ninety Grantee. of any ornamental tree, :--hall be replac:ed within { 90) day period by t.he The Granter shall retain thE .... g,ht to use the sur_·a,ce of the easement if such use does not interfere with install~tion of t' e water main. However. the Granter shall not er"9ct buildings or· structures of a permanent natur-e on the ea.aement ~uring the existence of said easement. The easement. during its existence. shal1 be a covenant running with the land and shall be binding on the successors, heirR, and assigns of both of the parties hereto. ii. 'IN WITNESS WHEREOF, ~ day of 1\1 Ht,.k STATE OF NASHINGTON COUNTY OF" KI NG ss. On this day of' / /' ,,./.'. 198,.:"', the Wldersigned, a Notary Pub~in end for the State of Washington. person- ally ep~ared JERRY MADISON and JULIE MADISON, to me known to be the 1nd1 vtduals de•cribed in and whO executP.:t the within and foregoing instrume~t and acknowledged. t.het. they signed the same •• th~ir ,-~~ and voluntary act and deed, for the use~ and purpo_ea th~~ein mentioned. , GIYEN under my ·,;,;,; if 1984-. EAS£MEMT -page 2 hand and official aeal this ,,;_; day oE ( ·,:~ \. ·&'!? . "/-,!i NOTi'kf PUBLICC\n af!':i Co!" the State of ..J8'Sl'µng~on. rest.ding at 4,,;'k"!/ • ~--···---·· --·······--·-~-3·--- r .. • \ ,.,.___,__~·---- l i ' l 1 i r ' _._., __ --~---- ---~"".,.,---- D<=\/t::• f)~H ~r-·1 p· ,_ '-,l._,., 1: 1)~' ~ .,, I. PL .\i\li\1/J\JG CI ry c+ RE>rr OM ---- ·--~ ' .. -: JUL -S 2007 E A S ll N E II T THIS I>IDENTURE, made this ti--t,(day or }~ . 198!:[, .ly and between KING coUN WATER DIST fctNo: 90, a. !'l.unicipa! corpcra't.ion, King county, Washington, hereinafter terrr,.::,d the '1 Grantee" antl JERRY MADISON' and JULIE MADIS0t-, his wife, hereir.after t.ermed the "Grantor": WITNESSETti: E,..1,...Q3 -23 tt.:,-?:-6 That the said Grancor for a valuable co~~.fation~-~'r'. ~ ..... J.. 11 ,1 TEN DOLLARS (Sl0,00), receipt of which is hereb~i~owledged ~~ -- by the Grant or. does by tbese presents convey, grant and warr~nt w}to the Grantee a perpetu~i easement for water mains and appurtenances under, through, above, across, the follow- ing described property situated in King County, Washi.ngton, together with all after acquired title 0£ the Grantor therein, and more particularly described as follows: -~ r .. ·-· .. ,_ ..: . M .. ti! r, t £Z ,,.,, The North 30 feet of the Northeast quarter of the Northwest quarter nf the Southwest quarter of the South\o'•est Quarter of Section 10, Township 23 ~ortb, Range 5 East, W .. M. in King County, Washington. 1,r;! C:::.:~:fCJj2 the property of t.ne Grantor at the time of granting thi.s •a•ement is not pl.atted. but i.a p1atted prior to the r•aording c1f thi.a document, then the Grantor does hereb authorize th@ Grantee to add t:. this Agreement the designa- ti.(•,""\ (Volwne and page, et cetera) of such plat. The Granto~ acknowledges that pare of the consideration being paid by the r.rantee is for any and all damage resulting to or resulting hereafter from the possible 1.nterference of the natura: flow of surf""!lce waters by Grantee's :l.igging of pipelines which rnay disturb the soil composition within said easement. The said Qrantee shall have the right, without prior inatitut1on of .niy suit c-proceeding at law, as such time as may be necessary, to enter ~pon the easement for the purpose of constructing, repairin,;, altering er reconstructing said water aaina, or making any connections herewith, without incurring any 1.egal obligation or liability there£or, provided: 1) The Grantee. Weter District No. 90. w:4.1.l restore Granter• s property to a cor.di tion as good as or beT~er then the pr~mises were prior to entry by the Grantee, Water Oist~~ct N~. go; 2) The District will exeri::1.se its best efforts not to damage any private iruprovements on the ease11tent herein, b"1t if it d~1es so, it shall repair and/or replace ~aid improvements; EASDCIIT -Pa9' l . . . -------...-...-..•.. --.~ ... ~-~ .. ___......._ --~~~-· B -... ''-.-.. ----" :..;;;;:;;;::~;;::::...;;::;:;:;:;;.::;;:;,;;;;;.;;;;;:;;;;;;;.~·~~-=-·-... ~~ ••• -....-----_-__ -_--~~---- I ------- ~) Restoretion--replacement--reµa.ir--shall be completed ~ithin ninety (90) days of the date of any entry by the Grante-e an(' said 1"'estoration--replacen""..-:1t--or repair 1it111I be of' a quality and/or quantity that is Cor"Oarable or better than existed prior to the Gra."ltee' s er • .:.ry upon the easement.. 4) The above set forth conditions shall apply 1'11,0t only to the initial construction but also to any ~e-entry by the Grantee that becomes nece~sary for repair and maintenance of the ~ater line on said easement, S) Any damage and/or removal shrub, fence, or rockery the aforementioned ninety Grantee. of any ornar.i.ental tree, sha.1. l be replaced within ( 90) day period by the The Grantor shall retain the right to use the surface oC the easement if such use does not interfere witn installation of the water main. However. the Crantor shall no+-erect buil.dings or structures of a permanent nature on the easement during the existence of said easement. The easement. during its existence, sllall be a covenant running with the land and shall be binding on the successors. heirs. and assigns of both of the parties hereto. ,cIN WITNESS m:~OF. we have set our hands and aeals this _J!l:. day of ---ille>'"'~""'""""'----198~. ~?~ Q«/~ ;/?l~ cq_9,ti:e ~aa1son STATE OF WASHINGTON ss. COUNTY OF KING ) On this g day cf ._A, 198~. the \:J'lderaigned, • Not.ar-y Public in and forti:e State oC 'llliashington. person- ally appeared JERRY MADISON and JULIE MADISON, to me known ~o be the individua1s described in and who executed the wi. and foregoing inatrwr.ent and acknowledged that the the same as their frtte and voluntary act and d uae& and purposes therein mentioned. hand and official EASEMf;NT -paqe 2 --~------,-- ·- r i ' I I I I ---.-·-----.. ~ ::;:_-?"",i,f'" / l I - JUL · S 21J07 1'hb Road Maint.n.ance ~t Rntered la.to tb1s _llJl1. day ~ Septero.bl'r. 1987, by and betWNA UM-followtD.a: parttes: I. 2. •• Ms. Syt:vta Wood. 12255-1421111:1 A.ve. s.E. llen.toa. WA. M056 Mr. J.-rry J. Medl9911 Mrs. Julie A. Ma.d19on 12407-142nd. .A.VI!. S.E. tfllton, W.A. 99056 Mr. G. W. Sut.berland. Mr-s. Donua 0. Suth....-land. 14029 s. !:, 124th St. Renton, vi Ji. 98056 = ~ 4. Mr. WarrwD McDow.U 14114 S.E. 124th st. Renton. W.A. 98056 •1412 11.00 5. Mr. Mlch•el P. Prum.mer 1410& S.J:. 124th St. Renton, WA 98056 Said. parun a.re all residents or Ren.ton~ X.tnc CGu.nty, WaahingtoQ rntd.• at the addresses above stat.ct. Th~ p&rties' proi-rt.1n I,agally dncrlbed 1D Ez:hJblt .&, whJch ls att.ach4"1 hereto inoorporahd. r.f.rence. _.,t 1.00 11 1. That the parun hereto are adjacent re.al property owners to ADd v,er.s of a parc,irl of real property utilized. for pu:rpo5r.1 of fnsress and ..,-ess to lh•ir land. Sud. pr~rty is i.q.Uy dncrlbld - follcryvs: That port.ion of parcel ~ of Short Plat No. ?77001', uzuler audJtor's nae no. 7803070757 clescri.Nd aa u.. !IOutll 30 re-ct of parcel #2, &nd thA-WHt 50 r-t ot uw North 124 r-t of tbe South 154 .r-t. Said ~J of real property cUracUy benefit. thir parties hereto anct. their land an4 •ball he tiere-,ie-r referred to •• the '" 124th st.roacr. Th1s ~nt shall apply to the e.n.Ure prtVll.le i-oad to Its ROAD M..AJKTEN&NCI: .t.GUZM.EHT A C [ rT - :re;& .- t I ..... ;.; .. , tn~ with the JNbHc ra.ad of l42nd .,v.t. 9 . .E. Said road ls .apiJlll"CD:bnataty so· m W'ldtl:I .an4 300.?r in i.nath. ruanina W'eet ,,om. 142nd. Avw. a.E. to ua. ~ ... [i$. :borrckr ot parcel -z • ._ uw• a. Jeactb. J!¥J' runnJ.ac north from U... ••st corner of parcel .-Z to tbe roads kn:alna.Um:I.. <sn-attaclwd wzblldt .&, wbJeh g. incorparabd by refer.ace hereto.) 2. Tb.at the parties ....-... for Ula benefit ot. tbeir property. to share eqlAally In lh• cost,s and ~ws of tr1.ainlain\ng the \24th St. road 1n good repair, 1n perpetuity. •In locd ~tr· sba.U he defined as p.-ovldin1 a road whlch ls safe t.o ba-utlUziRd. without dama•• or f•~ ol d.unqe to ones psr$CD or v.hiclq. Deterro.1Da.Uon of .air ne.td of :m.alnt.enan.ce or repair oD ..aid road shall be decsded by • bUl,Jor1ty ot tha plrUa, hereto or their successors or ~ 1n Interest. Each rsa!dence aball ha-... oae vote. Tbls ~t shall ·~'"'R wttb \he land 01' the parUr.s hei-eto. so 1ona as s.aid_ party u.twars tha 124tb st. road. ~ ingress and/or egress to 'lhetr property. U any party should traz-,;fer or convey tbll'ir property 111 -a.ny m.&lllN'r. Uds obllg&Uon of mamtenance and rll]Nl&r to lb• 124th St. road mall be> eonveywcS as a part of Said transfer or con~ce. Should any pa...-t.y no loncer necessitate use of the nJ&d as an ingress or lfCTeu; to their prop,b""ty. said party shall aivw-notice ln wriUng to all otber parties twreto (or their succnsors or a.sslpi.s of interest) of t.b4t Intent to dlscontlnue the us. of sud 124th St. road and lbus relievfn& said party of -..ny olllill:'!llon to maintain and rl&bt to us. S&id road. -- --< I ST&TE OP W&BIUNGTON COUHTY Of' ICING STATE OP WASJµNGTON COUNTY OP Jc:ING ) >·-. ) ... at Jtonrtl eke Terrace Conunlaaioa .-zptr-: B (21 (99 On this d.&y personally appearll'd l:lefar• m• IHchael F. Prymmer to m• known ta i:lie' the tndivtdual(s) described. iD and. "W"ho executed the 'Witbll'& and torqoin1 instrument. and acilt.nowlirG ;lrd that be sJ(.ttil'd. tbe sa.n1e as fre.- ,11.Dd YOlunt.arv act and deed~ tor the usea and purpose,s. ~r.~n ma,a.Uoned. GIVEN under my hand and kptnr.ber • ltll7. I I • • • • J I I STATE OP W.&BIIIHGTOH COUHTY OP ~NG ) ) ss. ) ROAD M&IHTENAKCE AGRIZJ'dENT 5 --.1...-------~=~=,,,__...,.,.....,..,...,.--=--------.-. I ·--~·.r-. -:}\:,:,? °:';..)~;}_:J:.,?~-:,: ' I I ' STATS OP WA&iiiNGTOM' COVXTY OP EDIG ) Ju. ) Ota this day par"IODa)ly appeared. .before :m.e Syh·ia Wood to IDlt ka.crwa. to be tb• ~ dncribad. In and W'lto ~ted. tbe w:I.Ualn aDd forwplns ~. and. e@n n lo,.,dcecl. that 9he slcnecl the, same .. her tr-.- lld. VOiuntary act and dncs.. for Uw us.a and. purpoea. t.llWW1I:. ...... -. STATE oP WASIDNGTON COUHTY OP XING ) ) ~s. ) GlVl:N under my band. a.nd 88pternber, 1987. AO.AD MADITDIAIICK .AMl'EMENT S 1 - WWWT.11. Tbe Sesal dncripUoa ol Ula real property beacfl.t1DC from th.a. Roacl. Malntea.ance ......,_...t ts Jut.eel herelJ:lafter and •uch a. tneorpor•ted tnta. said ~t oC whlcb t.bis bb:Udt .6. Is •tt.aebecl tller'9'to: . I. Owaar-: 8YMa Wm,d &41~: l.2255-142nd. .6.ve. S.E .• Raaton, WA 980'5t. Taz .&cct. Ila.: 'JUB-00 uul 9208-07 JAsal n..cripUea:: (9SS8-00) Th• East 77 .!5 feet at tbe West 107 !5 tn-t at the North 124 feet of the South 154 f .. t or the East half of thv South half of the Soutbwvst qUa.rter of the NorthWfl.l quarter of the Southeast quarter o! S.CUon JO, TO'W'DShip 23 north. 11.ange 5 east, W.M. (92CM-07) Tb• West bait of the South ~ of th• Sout.bwe5t quarter of the Northwest q-..aarter of the Southeast qua.rtsr of stl'Ction 10, Township Z5 North. Ranae 5 E.ast, w.M. 2. OW.er: JllffTY J. Maclhcn and Juli• A.. Ander,an Allldr9SS: 12407-142nd Ave. S.E., Rll'Pton, WA 98056 Ta.z .&cct. ... : 9386-02 and 9015-00 Lea:al u.scrtpUDD.: (11:sati-02) Lot 2 of Jtln& County Short Plat Ko. 480111, ~ County A.wlltor'• Jf1Je No. 8206180431. (110Ui-OO) The e&Sterly 206.0l feet as measursd alotJC the North Une of Ult North half of the North ball of the Northwast quarter of tha Southw.st quarter of the Sout.JM:ast quartu of Seetton 10, Township 23 North, Rang~ 5 ta.st, W.M. 3. OW'D.er: G. W. Suth.-rland and Don:11a D. Sutb•rla.nd AdAlr .. a: 14029 S.E. 124th St., Renton, WA ,aos, Ta.z &cct.. •u.: 91:Z'l-09 fAaal DescripUon.: Lot l of King Cc:.1."lty Short Pla.t No. -4801i.l, King County &ud.ltor'$ Pile No. 8206180431. 4. Ow'aer: Warren .a.. McI>ow-1tU Add.res•: 14114 S.E. 124th St., Renton. WA 98056 Tax .&ocl. llo.: 9377--02 Leaal Deacrlptloa.: Tbe East 77 .60 f,:,,et of the West 185 feet of the Karth 1:2.fi fnt of South 154 ffft of the East halt of the South half of the Southwest qu;u-ter of th• Northwest quarte:r of th• Soutlwast q1.1e.rter of S.Ctlon 10, Townsb.lp Z3 Nortt- Ranp 5 Ea:st., W.M. 6. ~•..-; Mh;he.el P. Pruinmer ~-= 14106 S.E. 124th st .• bnton, WA ,aos, Tas &oat. llo.: 9:597-otl t.esal n..crtpUoa: Parcel •2 Of ltlng County Short Plat No. 77700~. SJ.nc County &udJtor·s PU. Ho. 780307075. - ___ .. ___ .. _ ' ' "' I 'QI --~-~ I !, ' ,.. .. ~ -- •% -~ -z < % ~ « < -w. J~ uz w ~"' ~~ WU JO 0 ~ -w % ~= «o ~ ~ ~~ %J ~< ~ %0 w ~% z~ t\ ~:= •ow 0~ \ j 0 w %~ ~-~· .. ;; PLEASE RETURN TO: ~·ASHlNGHlN 111,1\JRAL ooro • 'l ENTIOlt !£GAL OEl'I f O BOX 1869 5EATIU. WA •111 • EASEMENT "~''' 201.16 912--007 lht'Gr.uit."U •.. LYl£':-8llSH_.WSIEA.8USH.a_..~, ·-----__ in ,--.. •n....Wcr..1t.M:i ... '1 O'S f DOU.AR ($1 .00). in hand p;ai,:l,..nJ Olbt.r s.'.'N .;u)(I, ~uah}o: (\1n...idru1 ic,n. 11."\-..·ir,1 1,1hc.e,,rl ~ hc~h) rlrhi...,kd~. Joo hm:byron,t-,y.and •.ur.uit In WASHIXGTO~ \:ATLR.-\L GAS n.)\1PA~"f • .;, W~ingwn (\-,.Tf'('n1t!M., ib ,-\1.-,;n,..,m, ~ ~,~i,l!fl>. htrrin TCferm:l 10 ~ -Gr.mt{'("-, J. m1n-c-~clu.i.i\-rr.a..'CJ\tnl for aµ, pipclio: or pircl,i..na t.i....._"rr. <l\'t", Uu,-,UFh :mJ ;11..-h~ the-follc,..., in~ d~Tih..-J pmN,11:r,-of the Gnni or Joc.attd in the ('01,1n1~· of X.. ----------· State (If Wa.,hi¥1on: 111c: SiJl6 I«) locit Q{ 6c Nixai 230 bl '11 tie &&I W" cC * ~ qg.wiri" d Ilk N.:dl,,eg lflll'ICI' ol 1k. __ "' __ _ EXCEPT a 'Vr'ea. 2S 1aa. --.it AND 11: West 2S f«t d. lie ~ q1111n:1r d. Ille Nor*-'Csl quanet" of flt. Soiihal qarlCI" o( k Saalall -EXCEP'TkNarO. 9J feel .-1 EXCEPT .. panic. olde Vt'tsl 10.fix:t ~ I)-.: Soilllildllic:Nm-. 230 feel ol g,id :.abt.ti•i.ioa: ~ ill $(aica JD. T~ 23 ~ R-,c 5 Em, W.M. Said ~ G 1:5 feet wide -1 ii ba:id. Wea; ol. pmlkl-, a2 adj;iiaimg 1k £alk;,wiag dcsaiicd 1-: Bcg:ilirsiaJ: • * ~ ,D:IK:I' d Ille aD't ~ pm:d d. a:t: DCXl: 1'ba akq ac .E.-lill:: 99,-1 Sc:ec 10 tic. ..._ r,l .aia lillt N ecaaa, gi,ing and gnmtin1-io Grantee Che righ110 C:OilSITllct.. install, operate, maintain. protect, imprcn·c. repair. replact and abandrin i!l place~ ps pipclinc: or pipelines.. tOFthei"\lith lht non-ud~ve right of a~ 10 and from said property. As used httcin, thticrm-pipc:linc~ shall include gas lines and-scn1C'CS togcthcrwith such surfKt' or sub-~urface pipeline ~pun.ttw1ccs a.nd facilities as arc necessary. in Im' judgement of Grantee-. for the operation and maintenantt N wd pipeline or 11ipelincs.. B~· the Kttptllno:: of d•Js e~me11t Grantc.c agrees to hold the Gram or harmlcu from .any Im!. co.i or dam• rcsulling from thr o;,cration or maintenance of such pipeline cir pipelines cxa-pt as. may be .auributablc to 1hc sole ,,cgligcnrc of Grantor. Gr.i.mor agree,; no110 erect any i.1.ruelurcs on Wd e;l.5.Cmtnt. DAlEDthiS~ay of (!)ct,.Au. . 19~. EXCISE TAX NOT REul.llRED ~ca.-,- /·_!; , • -;'/, I By., ... It_., .if!~.~ ~TATI OF WASHJ:'"...:GTO>,; ) cou~-n· OF _'._~-q__) SS. cf· . ·,-.kif: .-... J,.L -, 0n th1~ ...:: ______ dJl_y -Of · • -·-. 19_ 1:ltforC"mc. 1DC' undcr~jl:nc.J. a ~ma.ry Public. duly J. < 1 l, r l f ,._,-) , '4. r--c-1... ,-~~missioned ~ sworn.-pcrwnalty a.pJIClll"Cd before me ...... ;., '· -:· .... ,._ I ; /· .. ,. ~. -"-----'------ -----------to me-known to be 1hc in1fo'ldu.:il~ described iii and v.-ho~cd lhc ·,rilhin iU'ad f orel!nin1-inmumcm, and acl:nowlcdgcs~d innrumcnttob(----=::~fret" and voluntary act .ind dccdlorthcu!.C~.and riu~ there-in mentioned. I!'\ WITNESS W HF. REOF. l have hcreunl(1 :.t'I my hand ~nd affixed m~' n11tari;tl 1oc:11l 1hc da~ :ind ~car in 1hU, n:rtificale fir~1 iibo\'C wriucn. ..... ,. ~'u l '"' .. , i • l l I • • . 1 1":·ID 32xiD --------.;.;;;;;~-- --------~ ----------IJ. ......_.. Pnnted: 07-09-2007 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07-067 07/09/2007 02:37 PM Receipt Number: R0703468 Total Payment: 1,000.00 Payee LANGLEY DEVELOPMENT GROUP Current Payment Made to the Following Items: Trans Account Code Description Amount 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check #1682 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ,.. ··~ Return Addre,,s City Clerk's Office City of Renton DEVE~O~MENT PUNNING C, iY OF RENTOM 1055 South Grady Way Renton, WA 98055-3232 JUL -9 2007 f~•-·· 11 N""lt DEED OF DEDICATION Property Tax Parcel Number: /02.305 '13 '(7 Project File #:LJ,\.~ ~::, --0.:,SJ ~F, P/J Street Intersection:NE C:c!c s+-_ .I /.1,, •• .,__ A,e /'(£ Refer1:nce Numbu(1) of Documents assigned or released: Additional reference numbers arc on page __ . V Grantor(s): Grantee(s): I. No,-""°"' F= a ,J_ Tn. ,v ft-/-..,.; ,,e_ I. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) a5 named above, the above described real estate situated in the County of King, State of Washington. This dedication is required as a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF ST A TE OF WASHINGTON ) ss ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and pul'J)oses mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: DEED.DOC Page I DEED.DOC Exhibit A Legal Description Pro_ject WO# PID GRANTOR Street: Page 2 NORTHEAST 6TH STREET DEDICATION EXHIBIT MAP I I r---- I 30.00' w'I (/) ~ < Q z ~ ... I < ~ .._, w z • I I I i I I I I ---_j ~I < ::E < :::, 0 SCALE: 1''=60' 0 N00'09'48"E /S88'2[0'J3,77"E"E--==::::j6f]=---~S88~'2!!.;0'3'lf.7_!"E'"11~16~2ZJ72[_' ______ __J 1.00'\ 3.77' c-2 8 PROPOSED a _ c-1 g NE 6TH STREET ~ :CJ 3" • 5 ~ P.0.8. TPN KCSP "'-N88'20'37"W 300. 76' P.O.B. g 8 V) (SW COR. LOT 2) @'~),, POINT OF BEGINNING c,¥ ,,,"f TAX PARCEL NUMBER (J' ~ CURVE TABLE <.. ..$> KING COUNTY SHORT PLAT '<~<.."'..;;. ~</co/ fie(§~ (J' '< &' NO. C-1 C-2 DELTA RADIUS 19'31 '27" 119 oo· 19'31'27" 221.00· LENGTH 61.00' 75.31' I 1 30.00' I COPYRIGHT @ 2007, D.R. STRONG CONSULTING ENG., INC. 10604 NE 38th PLACE, SUITE 101 KIRKLAND, WA 98033 ENGINEERS • PLANNERS • SURVEYORS (425) 827-3063 1-800-962-1 402 FAX NO: {425) 827-242.3 ·· NI JUL -9 2007 RtCEIVED • EXHIBIT 'A' NORTHEAST 5TH STREET RIGHT-OF-WAY DEDICATION DESCRIPTION That portion of the Northwest Quarter of the Southeast Quarter of Section 10, Township 23 North, Range 5 East, W.M., City of Renton, State of Washington, described as follows: Beginning at the Southwest corner of Lot 2, King County Short Plat No. 777009, filed under King County Recording No. 7803070757; Thence North 00°09'48" East, along the West line of said Lot 2, a distance of 7.00 feet; Thence South 88°20'37" East, a distance of 3.77 feet to the beginning of a curve to the left having a radius of 179.00 feet; Thence along the arc of said curve, through a central angle of 19°31 '27", a distance of 61.00 feet to the beginning of a reverse curve to the right having a radius of 221.00 feet, the radial center of which bears South 17°52'04"' East; Thence along the arc of said reverse curve, through a central angle of 19°31 '27", a distance of 75.31 feet to a line parallel with and 30.00 feet North of the South line of said Lot 2; Thence South 88°20'37" East, along said parallel line, a distance of 162.72 feet to the Westerly Right-of-Way line of Hoquiam Avenue Northeast, also known as 142"d Avenue Southeast; Thence South 00°10'56" West along said Right-of-Way line, a distance of 30.01 feet to the Southeast corner of said Lot 2; Thence North 88°20'37" West, along the South line of said Lot 2, a distance of 300.76 feet to the Point of Beginning. EXPIRES Z-14-ZODS May 4, 2006 Tom Foster Langley Development Group, lnc. 6450 Southcenter Blvd., Suite 106 Seattle, WA 98188 RE: TREEASSESS~1ENT FOR HONEY BROOKE WEST A site visit was completed on Friday, April 28'\ to discuss existing trees along the western boundary that could possibly be retained. As a result of grading operations proposed for the project, most trees at the site will he removed. TI1ere are many other trees in the vicinity but as a result of their location and the proposed grading activities, they will be removed a~ noted below. In addition, all trees will be removed from what will be Tract A. the . . stormwater tract. Below are trees that were discussed as part of this report. See the attached Tree Assessment ·Map for tree locations. Proposed lots were not marked in the field. TREE# 1 ( 14" cal. Douglas Fir)-Tree should be removed as a result of its future exposure to high winds once other trees on the site are removed. Stump can remain. l'REI ·: #2 ( 16" cal. Douglas Fir)-Tree should be removed as a n.:sult of its future exposure to high winds once other trees on the site arc removed. Stump can remain. TREE #3 (14" cal. Douglas Fir)-Tree should be removed as a result of its future exposure to high winds once other trees on the site are removed. Stump can remain. TREE #4 (22" and 14" cal. Douglas Fir)-Tree should be removed as a result of its future exposure to high winds once other trees on the site arc removed. Stump can remain. In addition, double-trunk at such a small angle is inherently weak. XP .~'. \;',;-'.?~[·/ l,T>C1S•:;;,,,• I~ :1 •!"!,; ·E .-.:·::~):," Lr,;, w~:-:t,~1r·., -; ·1,·.-:1 ')(lJ.' .i.. ;::·•-1:;,1::' 'C· ":cf··'''c> TREE #5 (8" cal. Western Red Cedar)-Trees 5, 6, and 7 are in a tight clump and have foliage down close to the ground. These three trees can stay and it is recommended that the proposed rock wall design be revised to keep as much of the pwposcd grade changes outside of the rootzone of these three trees. A proposed rock wall location is shown on the Tree Assessment Map. Or the proposed grading can be revised. TREE #6 ( 18" cal. Western Red Cedar)-See notes for Tree 115. TRJ-: L # 7 ( 16" cal. \l/ cstem Red Cedar)-See notes for Tree #5. TREE #8 (8" cal. Douglas fir)-As all other trees on proposed Lot 8 will be removed, this tree shall be removed due to the likelihood that it would topple in a strong wind. Stump should be removed. TREE #9 (16" cal. Douglas Fir)-As all other trees on proposed Lot 8 will be removed, this tree shall be removed due to the likelihood that it would topple in a strong \Vind. Stump should be removed. TREE Ii IO ( 14" cal. Douglas Fir)-As all other trees on proposed Lot 8 will ht.: rt.:movcd, this tree shall be removed due to the likelihood that it would topple in a strong wind. Stump should be removed. TREE #11 (32" cal. Douglas Fir)-Trce should be removed as a result of its future exposure to high winds once other trees on the site arc removed. Stump should be removed. Sinc~. lely,1 \II / . I I \ \ 1 I I ',j' \;" VARLEY, VARLEY & VARLEY Jeff Varley I .andscapc architect w/ end. i i ' : l -" , ,-'r:-,1 '{ ~--l I 1--I I --' j N ' GRAPHIC SCALE 20J i---. 3° i INCH -40 FT. . / __ ,-- .,,--r--·-. I -< _ _......,.·: TW 424,00; t ·rPrt--1'1-4 aw 420,oo~J_/ 1W 422.00 aw 419.oo TW 420.00 aw 419.oo 2 i ! i ---------· 1.:,.·--:-: ___ -\ .•...•. _ -I • •• i'\, ·4 ' '\ !) ,; j' I_ --L ---~ -:'--I /1' --1-oN•,/-.-~ .. -'..,.- ' : I l 5; I .' -, ' ! . ' i I J I, I ! ' / <I.; L} '-_j, -_!,. -II,• !, I . ' : 0 . 0::: ___ 42Q --'---:._-_ :, --... ,;._ :,J t I ·. i ·,, . . I ' I -. -• . -_ 7 --,JJ--·.k --... -.-. I I -t --. -~~ ' -1 ·1 , _,_ ----;_ -=.=.:..:._ I -__...--( -----.. ---------~----. -1.-' . I.· ·-·J. \ . '· : \ : \ • -[ -i ! ' ' Printed: 07-09-2007 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07 -067 Receipt Number: JUL -9 2007 RECEIVED R0703468 Total Payment: 07/09/2007 02:37 PM 1,000.00 Payee: LANGLEY DEVELOPMENT GROUP Current Payment Made to the Following Items: Trans Account Code Description Amount 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check #1682 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 I, v ___ ...,.,.............,__, ____________________________ ---r-_ • '"'® --.. " . "'' " :-., .1 • r- '-., ' ',, Q/V,J'HIC SCALE ,, i~ _•km " .. ' " ' \ • ' " ' ' I .I , d' \ \ ' ... \ " ' ' •, ' " ' \ \ ' SE 1/4 SEC. 10 \ \ \ ' • j ' \ ,TWP.23 N. ,RGE. 5 E. ,W.M. I .-1 , I ,r ~,,c ,,.._, ' ,, • I .om, ' 1-~ : \ ' ' ' ' :so ~ ~ .l!I_~ ,~!!..~>l c,. ,~ ><I mi, LNCl•O, ·""' .. ~,.., .,.. .. uoa.,ru -it-,,:ir.,0 .. -,;i: . ., r I --- I I I I r I • ---.......:~- -- - 11-,~UrAM .~.\/_'t-Nf:-~pi'~~~ .~.--~-... -------~--- • I . 1. i I I / '' ' ', I· I I ' ' ' • • • RENTON E Jff ST. • "' Nt +lH ST. VlCINITY MAP o.~. I i ' f '""""OS•""""'"-~, ......... -.......................... -·-·-·-·-~-"--•H••••-·"·-·~ ... , .. , .. -•••---··~•-,r••-••·--·-·"-···"'-----------------------·--------·---·-----------·------·-----·-,------------------------------------------------------------------------------------ji------------------------------------------------• I < ; • 1"•IIOO' • SITE ' "-"" • BM PT. "m STATE OF WASHINGTO E D H CT y 774 DEVELOPMENT PL~NNING CITY OF RENTON JUL -9 2CfJ7 .f '1\ -~ z (.L C) V"\ 1 > fil a... "' ") 0 ...... II', . - J ...... N ~ .! <;:, ~ "';jf- z < \ ___;; ~ ',.L ~ u~ \J\8 ~ \[\ ~~ J ' ' ' '..w ssw•;o.moo,•..,=~mrnmm•~nn=-m,~· anw-=...,waauom,,sssmkii~t:arM,om,fM __ ,.,. ____ ,,,.,.....,. ______________________________________________________________________________________________________________________________________________________ ::----1---------1 \ ' \ ~ s I ' \ ' ' ' \ ' \ ' ' \ \ ~ * i '\!~ --1 ~ \ ·§, \ \ -.' ..... , .. ; ,'.• . '•'. ·-,.' ,· \ iJ, ,, \, '\ .. \ \ \ \'\\,\\ I \ \ \ \\ \,_ '\ \\ \ \ ~-f'Ut'.t:. ~ [7!;:.~il.--1}tf;, 6'+fj':t:-1 ~--'::,I l)l:'=-W/>J-K. ' ' • I ' \ ·., \ ' \ \. \\' .. \\\\ \\\\I \ \ '; \ \ \ \ ' \ . \ \' '1 .. \ ' \ \ '· '· \ ,, · .. , \ \ \ . \ \ \ . \ \ \, \ \ \ \ .._,_ .. \ \ ' '· \ \ \ \\\ \\j ···- . --., . ·- . ·7 \. J I \ I r . f. ! ('., '· '1 1 ht. f'j v,u~ nvr<!> I I . ~ .. ' / ' / / / ~,,, , .• ~-------,· '· f~T A Pe-Tl:-Nfl1-?ti __ j??~-~1Tr_L!flD?0Pt:: FLAN ___ _....--" ~----------··-------~ -· I . tr -'2:AU'::-IN= z;::, --0 ~cf1:.'. t'p ~f'l.-1:'tir.;:M,AL.-I f<.f-JMrloH l::i ff0Pc::>:;,l;:.D, f"'l#!-T 7Pt;:£-lii:? AF-15 ?+fC""'-..-11:*\ re¥-,Xf.f.l?'.'.Af~ CNA!?li.,l1lt-? ·--·----------- t".l I I 2-#1 o. t-. 1,:..~~ '11o~ Ula.-u,-s.; CHAMFER TOP OF POST 45 DEGREES TO A DEPTH OF 1" ON ALL FOUR SIDES ( '-0" 2" X 4" PRESSURE TREATED RAIL ---==fF================f1===1 2" X 4" PRESSURE TREATED---m,r-d RAIL 80TH SIDES OF 1 "x6" 4 X 4" PRESSURE TREATED----!. FIR POSTS SPACED 8' O.C. 1" X 6" CED AR SLATS ---t AL T. 1 "x4" CEDAR SLATS 2" X 4" PRESSURE TREATED RAIL 80TH SIDES OF 1 "x6" PITCH SURFACE TO DRAIN FINISHED GRADE ' z ,,,,@ -I • m rn-m m=-.. _-' -·· " '. ,1.-.-----CONCRETE FOOTING :I ' . . . . ~ ... ---4- • ' 1-1,r,-.---BACKFILL WITH NATIVE SOIL ,~--~-COMPACTED GRANULAR SUB-BASE 12" MIN. MOO\f \f O t5f Ait WOOD ftNCf NOT TO SCALE • • "' LANDSCAPE NOTES 1' gg~iRP~~T~EJma~s~~lf6wrf 1~~~nl~tifFfl~'filR1f"r~~~lfo~M~~~ifiNJ? r1rioRK. 2. CONTRACTOR SHAU. USE CAUTION WHILE EXCAVATING TO AVOID .DISTURBING AAY UTILITIES ENCOUNTERED. CONTRACTOR 1$ TO PROMPTLY A!JVISE OWNER OF .ANY DISTURBED UTIUT\ES. (LOCATION SERVICE PHONE: 1-B00-424-5555) 3. CONTRACTOR SHALL MAINTAIN N-10 WATER ALL PLANT MATERIAL FOR 1 YEAR OR UNTIL FINAL INSPECTION AND ACCEPTANCE 8Y OWNER. 4. CONTRACTOR SHALL BE RESPONSIBLE'. FOR COMPUTING SPECIFIC QUANTITIES OF GROUND COVERS AND PLANT MATERIALS UTILIZING ON-CENTER SPACING FOR PLANTS AS STATED ON THE LANDSCAPE PL.JIN ANO MINIMUM PLANTING DISTANCES AS SPECIF"IED BELOW IN THESE NOTES. 5. GROUND COVERS SHALL BE Pl.ANTED IN AN EQUILATERAL TRIANGULAR SPACING PATIERN AT THE ON-CENTER DISTANCES SHOWN ON THE PLAN OR IN THE PLAN SCHEDULE, y.'HERE GROUND COVER ABUTS CURBING, SIDEWALKS SIGNS OR POLES, MINIMUM PLANTING OIST~CES SHAU. BE 12 FROM CENTER OF PLANT TO CURB, SIDEWALK, ETC. MINIMUM PLANTING OISTANCE SHALL BE 24 FROM CENTER OF TREES ANO SHRUBS. 6, CONTRACTOR SHALL BE RESPONSIBLE FOR PROI/IOING THE QUNomTIES OF PLANTS THAT ARE REPRESENlED BY SYMBOLS ON THE DRAWINGS. 7. SUBGRAOE 1S TO BE WITHIN 1/tOTH l)F ONE FOOT AS PROVIDEO ~ OTHERS, ALL PLANTlNG AREAS TO BE CLE:.'REO OF ALL CONSTRUCTION MATERIAL AND ROCl<S AND STICKS LARGER 1™N 2 IN DIAMETER. 6. ROTOTILL 4" TOPSOIL 1N ALL SHRUB BEDS INTO THE TOP 6" OF SOIL 9. ALL BEDS TO RECEIVE A MINIMUM OF 2" FINE FIR BARK. 10. ~~:-iv:s~Ji~NE~TI~NRJ:'liZED WITH AGRO TRANSPLAMT FERTILIZER 4-2-2 PER 11. fil Pl>HT MATERIAL SHALL CONFORM TO J.M STANDARDS FOR NURSERY STOCK, LATEST EDITION. Nrf REPLACEMENTS MADE AT ONCE. · A. GENERAL; All PLANT MATERIALS FURNISHED SHALL BE HEALTHY REPRESENTATIVES, lYPICAL OF THEIR SPECIES OF VARIEN ANO SHALL HAVE ~ NORMAL HABIT OF GROWTH. THEY SHAll BE FU!-h,.!ELL-BRANCHEl?i.. WELL- PROPORTIONEO, ANO HAVE A VIGOROUS, WELL-DEVELOPED ROOT SYSTEM. PU PLANJ:t SHALL BE HMOY UNDER CUM ... TIC CONDITIONS SIMILAR TO THOSE IN THE LOCALITY OF THE PROJECT, B. TREES, SHRUBS, ANO GROUNDCD'YmS: QUNmTIES, SPECIES, AND VARIETIES, SIZES ANO CONOffiONS AS SHOWN ON THE PLANTING PL.AN. PLANTS TO BE HEALrHY v1GOR0US, WB.L-FOLIATED WHEN IN LEAF. FREE OF DISEASE, tNJURY, INSECTS, DECAY, HARMFUL DEFECTS, ANo ALL weros. NO SUBSTITUTIONS SHA! 1 BE UADE WITHOUT WRITTEN APPBOOL FROM LMPSCAfE ARCMIT£CT OR: owN~ll 12. CONlRACTOR TO PROVIDE A ONE-YEM WARR.-NTY ON ALL PlN'IT MATERIAL. • 5Pl'.CFIED TIU STN([(S)--'-,, ~111¥-.. ~~ PtJffl' 111[! 1"-2" HQD -. """"' ------- 12"' MIN. rOR WOOD STN<ES fl 18" fl:lft llllMR ---OIi WM. W/11 ~ WIIIE TO -- 11---IHOSE II WN: 10, ... --~-\RBi(t.'f: WONG TWM II TOP 1/3 OF" IIURI.N'. r !fflltO DEPTH 1111TH !lf'£CW'IED MULCH ~GRMl-1Tt0-,) IIOOI' IWIMR WH£H TIE: ll£IIIN2NT TO SUWM.K OR fflUI" .,_, """"' .. .... "" """" :;._ ~F"IAil, HAmE TREE PLANTING & STAKING DETAIL """ - ... ,. ...... "~ ~A'f!l"~ -..---=.--..- --l'lr& 'll!W· .,,.---l--Dlll mt STH<t(S) ~~9UIUP~~ ------2· smt£D O(PTH W!lH 9'ECll'lm Ml.I.QI CONIFEROUS TREE PLANTING AND STAKING DETAIL """' .... PLANT 1"' HIGHER THAN: REMOVE TOP 1/3 OF BURLAP 2• SEITLEO DEPTH OF SPECIFIED MULCH IN NURSERY FINISH GRADE 2x BOOTBALL WIDTH +--SPECIFJED AMENDED BACKFJLL COMPACT AND WATER THOROUGHLY --<f--FIRM NATIVE SOIL MOUND SHRUB PLANTING DETAIL NOT TO SCALE CT DEVELOPMENr PL ~NNING CITY Of RE1'ITON JUL -9 2007 R!::.CE!VED - '.[\ z C) ,j'\ > &l "' 0 '-"' '-N ~ c-, - _! ,,;_. ·1 " (l_, -i --· j_ € --~ ~