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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 BEFORE THE HEARING EXAMINTER CITY OF RENTON Regarding Sue Rider's appeal to the Hearing Examiner File: Hearing Examiner of the Administrative LUA 07-131, SHPL-A, ECF Short Plat Approval for BLUEBERRY HAVEN SHORT PLAT Appellants Sue Rider and the Kennydale Critical Areas Alliance respectfully submit the following Hearing Brief on the appeal of LUA 07-131, Blueberry Haven Short Plat scheduled to be heard Tuesday, February 12, 2008 at 9:00am. The brief highlights the legal issues and information that Ms. Rider relies on in her appeal of the short plat approval. In sum, the short plat decision is in error because it prescribes buffer widths based on critical area classifications that are contrary to existing conditions, the City of Renton's critical areas ordinance, and the state Growth Management Act. Appellant's Hearing Brief - 1 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: (206) 621-8868 Fax: (206) 621-0512 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I 24' 25 26 27 28 I. INTRODUCTION In its approval of the Blueberry Haven Short Plat, the City applied 25-foot buffers for the portion of Kennydale Creek that follows through the property, based on the contention that the creek is a Class 4 waterway under critical areas regulations. The City acknowledges in its decision that there is a discrepancy as to whether the creek flows year round, and that neighbors have indicated that the creek flows perennially and requested that it be reclassified. The stream study submitted by the applicant was not performed to assess stream class for the purposes of this short plat decision, and it specifically indicates that Kennydale Creek should be classified as Class 3 if it flows year round. The City did not respond to this factual discrepancy or neighbors' requests in the decision, but nonetheless applied Class 4 buffers. Evidence from neighbors, the Washington Department of Fish and Wildlife, and other consultant reports on record with the City shows that Kennydale Creek flows year-round even in the driest of summers and thus should be classified as Class 3 under the City's critical areas regulations. Additionally, the area of the short plat is comprised of extensive wetlands that form the headwaters of Kennydale Creek and should be classified accordingly. The critical areas study submitted by the applicant downplays the significance of the creek, contains factual errors, and is inconsistent with previous wetland classifications. It classifies the wetland as Category 3 when other studies for the City have consistently classified it a Category 2 headwater wetland under City regulations. Because the short plat decision relies on inaccurate and inconclusive information contrary to critical areas regulations, it is arbitrary and capricious and should be reversed. GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: Appellant's Hearing Brief - 2 Fax. (206662?8 0512 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 11. APPLICABLE LAW A. The City Must Use Best Available Science in Applying Critical Areas Regulations The Growth Management Act (GMA) requires local governments to designate critical areas and adopt development regulations to protect these areas.' It mandates that local governments include the best available science (BAS) in protecting the functions and values of these critical areas and give "special consideration" to conservation or protection measures necessary to preserve or enhance anadromous fisheries.2 The BAS must be included in the record, and must be substantively considered in the development of critical areas policy decisions should not be based on "speculation and surmise."' A city is responsible under the GMA to protect critical areas regardless of mitigation efforts or the right to protect private property. In reviewing a challenge under the BAS requirement, the Growth Management Hearings Board (GMHB) will review the scientific evidence in the record, determine whether the analysis of the scientific evidence and other factors by the local decisionmaker involved a reasoned process and whether the decision is consistent with the GMA.' The Court of Appeals has held that the Growth Management Act "requires that the regulations for critical areas must protect the `functions ) RC W 36.70A.172(1). Z RCW 36.70A.020 (emphasis added). 3 Honesty in Environmental Analysis and Legislation HEAL v. Central Puget Sound Growth Management Hearings Bd., 96 Wash. App. 522, 537 (Div. 1 1999), amended on reconsideration (August 25, 1999) (emphasis added). 4 Moitke v. Spokane County, EWGMHB 05-1-0007 (February 2006). s FOSC v. Skagit Co., WWGMHB 96-2-0025c (August 2000) (emphasis added). GENTLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: 1206) 621.8868 Appellant's Hearing Brief - 3 Fax: (206) 621-0512 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 and values' of those designated areas. RCW 36.70A.172(1). This means all functions and values. "6 Renton's Comprehensive Plan states an objective to "protect and enhance the City's rivers, major and minor creeks and intermittent stream courses." Renton Comprehensive Plan, Objective EN-C. Its critical areas ordinance, RMC 4-3-050, states as its purpose to manage development activities to protect environ)nental quality and to assist city officials with information to evaluate development proposals. Id A.1. Another stated purpose is to protect the public from potential litigation on improper construction practices occurring in critical areas and to ensure that critical area functioning is not impaired such that maintenance and replacement of public facilities is necessary. Id. In order to achieve these goals, it requires that streams and wetlands be designated by class and prescribed protective buffers as outlined in the ordinance. Id L.I I. B. City Regulations Classify Perennial Streams as Class 3 Waterways Renton's critical areas ordinance outlines criteria for four types of regulated water bodies and prescribes protective buffer requirements based on those types. Class 1 waters are those classified as shorelines of the state. RMC 4-3-050 L.La.i. Class 2 waters are perennial streams known to support salmonids, and large ponds and lakes. Id L.1.a.11. The ordinance outlines the following criteria for Class 3 waters: iii. Class 3: Class 3 waters are non-salmomd-bearing perennial waters during years of normal rainfall, and/or mapped on Figure Q4, Renton Water Class Map, as Class 3. Id. L.1.a.iii (emphasis added). 6 Whidbey Environmental Action Network (WEAN) v. Island County, 122 Wn. App. 156, 174-175 (2004), reconsideration denied July 12, 2004, review denied 153 Wn.2d 1025 (2005), Appellant's Hearing Brief - 4 GENTLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle. WA 98101 Phone: (206) 621-8868 Fax: (206) 621-0512 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15. 161 I 17 18 19 20 21 22 23 24 25 26 271 281 Contrarily, the criterion for Class 4 waters is the absence of year-round flows: iv. Class 4: Class 4 waters are non-salmonid-bearing intermittent waters during years of normal rainfall, and/or mapped on Figure Q4, Renton Water Class Map, as Class 4. Id. L. La.iv (emphasis added). The sole difference in the two water classes is the presence or absence of water in the stream year-round. Thus, if a stream does not run dry in the summer during normal years, it should be classified as Class 3 pursuant to the ordinance. The ordinance prescribes minimum buffer widths according to classification, requiring a 75-foot buffer for Class 3 streams and a 35-foot buffer for Class 4. RMC 4-3-050 L.5.a.i. Because buffer protections are based on the particular stream classification, it is critical that the City correctly classify streams in order to protect functions and values pursuant to the GMA, These classifications should be made through a reasoned process applying best available science (BAS). The City's consultant, Lisa Grueter, cited Kennydale Creek as an example of a I Class 3 waterway during the public hearing for adoption of the stream regulations. Renton City Council Minutes, page 92 (March 21, 2005). While the current interpretive Water Class Map classifies the lower portion of Kennydale Creek as Class 3, it inexplicably classifies the upper reaches, including its headwaters, as Class 4. See Renton Water Class Map, Figure Q, RMC 4-3-050. However, the map is to be used only as a general guide and specific classifications are to be determined by field review and the criteria. RMC 4-3-050 L. Le. The actual presence or absence of the criteria is to o� stream classifications for individual sites. Id. The regulations require administrative approval and a legislative Appellant's Hearing Brief - 5 GENTLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: 12061 621-8868 Fax: (206) 621-0512 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 amendment for a downgrade of a stream class, but do not require this additional procedure for application of greater protections. Id. As such, the regulations require applicants to conduct a standard stream study if a site contains a water body or buffer area or the project area is within one hundred feet (100') of a water body. RMC 4-3-050 L.3.a. The report is to be prepared by a qualified biologist and include a map identifying the ordinary high water mark (OHWM), the stream classification, topography of the site, flood plain, and vegetative cover. RMS 4-8-120. The study should also describe the ecological functions provided by the waterway, observed fish and wildlife that use the area, and measures to protect trees and vegetation. Id. The City may require independent review of an applicant's report by another qualified professional, or request consultation with the state resource agencies or local tribes to determine accuracy. RMC 4-3-050 F.7.a. The City must ensure that there will be no net loss of riparian area function resulting from the permitted land use. RMC 4-3- 050 LA.b. Permit approval can only be granted when it is consistent with the critical areas regulations. Id L.7. C. The Critical Areas Ordinance Classifies Headwater Wetlands as Category 2 The City's critical areas regulations also outline protections for wetlands and specify that permits should only be approved where there is to be no net loss of regulated wetland area, value or function in the drainage basin where the wetland is located. RMC 4-5-050 M.2.b. Like the stream regulations, the wetland regulations outline different categories of wetlands and corresponding protective buffers. The two possible AppelIant's Hearing Brief - 6 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: f2061621-8868 Fax. 1206) 621-0512 l 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 classifications at issue for this property are Category 2 (requiring a 50-foot buffer) and Category 3 (requiring a 25-foot buffer). Wetlands that meet one or more of the following criteria are correctly classified Category 2 wetlands: (a) Wetlands that are not Category 1 or 3 wetlands; and/or (b) Wetlands that have heron rookeries or osprey nests, but are not Category 1 wetlands; and/or (c) Wetlands of any size located at the headwaters of a watercourse, i.e., a wetland with a perennial or seasonal outflow channel, but with no defined influent channel, but are not Category 1 wetlands; and/or (d) Wetlands having minimum existing evidence of human - related physical alteration such as diking, ditching or channelization; and/or RMC 4-3-050 M.l.a.ii (emphasis added). Category 3 wetlands are wetlands which meet one or more of the following criteria: (a) Wetlands that are severely disturbed. Severely disturbed wetlands are wetlands which meet the following criteria: (1) Are characterized by hydrologic isolation, human - related hydrologic alterations such as diking, ditching, channelization and/or outlet modification; and (2) Have soils alterations such as the presence of fill, soil removal and/or compaction of soils; and (3) May have altered vegetation. (b) Wetlands that are newly emerging. Newly emerging wetlands are: (1) Wetlands occurring on top of fill materials; and (2) Characterized by emergent vegetation, low plant species richness and used minimally by wildlife. These wetlands are generally found in the areas such as the Green River Valley and Black River Drainage Basin- (c) All other wetlands not classified as Category 1 or 2 such as smaller, high quality wetlands. RMC 4-3-050 M.l.a.iii (emphasis added). The regulations require the applicant to prepare a wetland assessment when there are wetlands in the project area or within 100 feet. RMC 4-3-050 M.3.a. The assessment Appellant's Hearing Brief - 7 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: 1206) 621-8868 Fax: (206) 621-0612 1 2 3 4 5 6 7 8 9 10 11 1211 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 should address the classification of the wetland based on presence or absence of the criteria for each wetland category. Id. The City may accept a dual classification for a wetland exhibiting both Category 1 and 3 features, but cannot accept a dual classification for a Category 2 wetland (i.e. combined Category 2 and 3 ratings). RMC 4-3-050 M.5. Presumably, the purpose of this restriction is to prevent piecemeal classification of headwater wetlands or those that provide valuable wildlife habitat. 111. ARGUMENT A. The Criteria and Evidence Support Designating Kennydale Creek as Class 1I1, Perennial Stream The whole of Kennydale Creek meets the criteria for a Class 3 stream and should be classified accordingly. The stream study submitted by the applicant in support of its short plat does not support a Class 4 designation but rather concluded that if flows were perennial, the Creek should be classified Class 3. The City has received evidence that Kennydale Creek does indeed flow year-round in its review of this short plat and on several occasions prior to the process at issue here. During other rezone processes and an attempt by the Gordleys and another developer in the area to further downgrade the creek to eliminate critical areas restrictions, the state resource agencies and neighbors have repeatedly alerted administrators to the fact that the creek flows perennially. Previous critical area studies conducted in the area have also reported perennial flows in the driest months of the year. Kennydale Creek should be classified as a Class 3 stream, consistent with the ordinance. 1. The Stream Study Submitted by the Applicant Supports a Class 3 Designation GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: 12061 621-8868 Appellant's Hearing Brief - 8 Fax. 1206) 621.0512 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 In support of its short plat application, the applicant submitted a February 17, 2006 letter from Carl G. Hadley of Cedarock Consultants to Jennifer Henning at the City of Renton concerning Kennydale Creek. See Project File. This study was not conducted by the applicant for the purpose of this application, but was rather solicited by the City in 2006 when the Gordleys and another developer sought to further downgrade the creek to an unregulated Class 5 waterway, presumably to remove all land use restrictions. The letter does not satisfy the requirements of RMC 4-8-120, nor does it substantively support the classification applied in the short plat decision. In the letter, Hadley explains that Kennydale Creek has been classified Class 4 based on the belief that it is intermittent, but he acknowledges that there is a factual discrepancy. Page 2. He specifically confirms: "If the watercourse flows continuously during years of normal rainfall, it would be classified as a Class 3 water." Page 2, ¶5. He explains that he was not personally able to make such an evaluation because the stream should be visited during the driest time of year, from late July to late September, to evaluate flow. He points out that another consultant report referred to the creek as Class 2 and observed water flowing on October 6, 2004, and that another consultant observed standing water on July 18, 2005. Pages 2-3. The only evidence he cites disputing year- round flows is a letter from the very developer arguing for the downgrade stating that a previous property owner told him that "he thought" the stream dried up in the summer. Page 3. Hadley concludes that the "most credible" evidence is the report from the homeowners' own consultant, which indicated that the stream may flow year round. Page 3, �3- Appellant's Hearing Brief - 9 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: (206) 621-8868 Fax: 12061 621-0512 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 Hadley goes on to state that "the perennial stream flow issue (Class 3 vs. Class 4) can only be answered by direct observation of flow characteristics during the summer." Page 4, J[5. Because he did not have conclusive evidence supporting a change in classification (his assessment was conducted in February), he could not recommend a change in classification. His conclusion that there was not enough evidence to support either a Class 4 or Class 3 designation does not substantively support a Class 4 designation. It rather indicates that the current classification is unsupported and that the City should obtain more information. 2. Neighbors Have Repeatedly Presented Evidence that the Creek Flows Year Round Concerned neighbors that have lived near Kennydale Creek for decades have reported perennial flows to the City on several occasions. In response to the SEPA DNS for the proposed short plat, the City received four letters from neighbors disputing the Class 4 designation and declaring that they have personally observed the creek flowing year round. See Project File. The City responded by assuring these neighbors that their information would be presented to the review committee, but there is no substantive response in the decision. See Project File. The City simply acknowledged the discrepancy and proceeded to apply the unsupported Class 4 designation. Ms. Rider has collected numerous affidavits from neighbors in the past reporting that the stream never runs dry. One neighboring resident has lived in the area for 92 years, and declared that the creek has always had water in it. Declaration of Peter Agnesani (September 15, 2006). Another neighbor who maintains the drainage grate on the culvert where the Creek flows under I-405 visits the stream each day of the year, and reports that GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: 1206) 621-8868 Appellant's Hearing Brief - 10 Fax: (20W 621-0512 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 there is always water flowing. Declaration of Henry A. Kodis (September 17, 2006). Another neighbor declared the he walks his dog daily past the Creek on NE 20t1i Street and has never seen the Creek run dry. Declaration of Ken Torkelson (September 17, 2006). Numerous other neighbors have taken the time to report their observations for submittal at this hearing. Several will also testify about their personal knowledge of the creek. The first-hand knowledge of citizens who have lived in the neighborhood for decades should not be ignored in favor of an unsupported misclassification of Kennydale Creek. These neighbors do not have a financial interest in the outcome of this proceeding, but rather have taken the time to report facts in hopes of preserving remaining critical areas in their neighborhood in accordance with the law. 3. WDFW Has Directed the City to Correctly Classify Kennydale Creek as Perennial In addition to neighbors, the Washington State Department of Fish and Wildlife has specifically requested that the City correct its classification of Kennydale Creek. Larry Fisher has been the Area Habitat Biologist for Region 4, which includes tributaries to Lake Washington such as Kennydale Creek, for more than 17 years. He is familiar with the streams in the area and maintains that Kennydale Creek flows year round from its headwaters in the wetlands around the short plat site to Lake Washington. He has will testify that never seen the Creek run dry. Moreover, Mr. Fisher will testify to the importance of headwaters to streams and note that the mouth of Kennydale Creek at Lake Washington is used regularly as rearing ground for juvenile Chinook salmon. Mr. Fisher submitted comment letters on behalf of the WDFW in response to the City's proposal to rezone a nearby property in 2007 specifically requesting that the City GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: Appellant's Hearing Brief - 11 Fax: 120611 621-051128 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 reclassify the creek because it is perennial. Letter from Larry Fisher to Erika Conkling (October 12, 2006); Letter from Larry Fisher to Erika Conkling (October 19, 2006). The City has never substantively responded to the state agency's concerns. 4. Other Critical Areas Studies in the Area have Observed Perennial Flows Numerous wetland delineations have been perfonned in the area in recent years due to the prevalence of critical areas. As Mr. Hadley pointed out in his letter, an earlier wetland delineation completed for the Gordleys reported that water was flowing in the creek at the time of the site visit in October and referred to the stream as Class 3. Ellisport Engineering, Wetland Delineation for Gordley and CORE Properties by Ann Seethoff, page 3 (October 20, 2004). The Watershed Company also performed an enviromnental review for the City for a previous proposal to develop the property at issue in the short plat and concluded that water was present in the steam in late July. Letter to Nancy Well from Hugh Mortenson (July 19, 2005). The City has classified lower Kennydale Creek as perennial and has never produced best available science showing that upper Kennydale Creek is intermittent or seasonal. In light of the lack of evidence supporting the Class 4 classification and the reports of long- time residents, the WDFW area habitat biologist, and other consultants, upper Kennydale Creek should be classified a Class 3 stream under the criteria of RMC 4-3-050 L.l.a. This classification would require 50-75-foot buffers rather than the 25-foot buffer applied for this short plat. Appellant's Hearing Brief - 12 GENQLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: 12061 621-8868 Fax: 1206) 621-0612 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 B. The Wetland is Correctly Classified Category 2 Because it is the Headwaters of Kennydale Creek The applicant has submitted a Critical Areas Study classifying the wetlands on the property in support of its short plat application. City of Renton Critical Areas Study for Gordley Property by Steward and Associates (April 17, 2002) (Project file). The study relies on incorrect factual information regarding the creek and includes a wetland classification that is inconsistent with prior delineations of the larger wetland performed for the City, including portions on the Gordley parcel. The Study also contains factual errors that call its conclusions into question. It refers to Kennydale Creek throughout the document as a "seasonal drainage ditch," Id. at 5, 7, but does not cite any evidence for its conclusion that the waterway is seasonal. It also notes that the creek "flows north and eventually meets up with May Creek." Id. at 7. This information is incorrect, as even the City's own classification map shows that Kennydale Creek flows from its headwaters near NE 20'h Street to Lake Washington, not into May Creek. See Renton Water Class Map. In underestimating the significance of the creek, the report also overlooks the fact that the wetlands in the area actually form the headwaters of the Kennydale Creek system, a criterion for analysis in the critical areas regulations and applied in several past wetland evaluations. The applicant's study concludes that the onsite wetlands should be classified as Category 3 wetlands and applies 25-foot buffers. It does not review previous wetland delineations and studies prepared for the City that consistently classified the extensive wetland located on the Gordley property and surrounding properties as Category 2 because they are the headwaters of a stream system (Kennydale Creek). When the City installed a GENDLER & MANN, LLP 1424 Fourth Avenue, Suits 1015 Seattle, WA 98101 Phone: Appellant's Hearing Brief - 13 Fax (2061 621-05i2$ 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 sewer line near Jones Avenue NE and NE 20th Street, it hired a consultant to determine impacts to area wetlands. See Wetland Delineation Report, Higate Sewage Lift Station, prepared by Entranco (December 1996). The Entranco study identified and delineated a 5- to 8-acre wetland extending across the southeastern portion of the property at issue in this short plat and several surrounding properties. See Id. Figure 5, Wetland Delineation Map. The report concluded that this wetland was "directly connected to the creek corridor and fed by surrounding seeps in several locations." Id. at 14. It therefore concluded that the wetland, including disturbed portions near NE 20th Street (the Gordley property) would be considered Category 2 headwater wetlands. Id. The original delineation and classification has been consistently upheld in subsequent studies performed for the City. The study and delineation was reviewed again by Entranco in 1999 and the consultant again concluded that the wetlands were correctly classified as Category 2 headwater wetlands. See Letter to John Hobson from Ken Sargent, Entranco (August 17, 1999). It was reviewed again by the Watershed Company to check the accuracy of the delineation and classification for the City. Letter to Nancy Well from Hugh Mortenson (July 19, 2005). Mr. Mortenson concluded that the wetlands were properly classified as Category 2 because they are "the headwaters of a stream system." Id. at page 2. The City employed the Watershed Company again in 2007 to review these and other previous consultant reports to determine the wetland status of the parcel located immediately northeast of the Gordley property, which had been illegally graded and filled. Letter to Terry Dutro from Mike Foster (March 2, 2007). Again, the consultant concluded Appellant's Hearing Brief - 14 GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: (206) 621-8868 Fax: 12061 621-0512 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 that the wetland was correctly classified a Category 2 because it is located within the headwaters of a watercourse. Id. at 7. This study was conducted just one month prior to the study submitted by the applicants. The Department of Ecology has also addressed the City of Renton on the significance of this wetland in the past. In response to a Determination of Non -significance issued for a rezone of property located southeast of the Gordley parcel, Ecology submitted a letter outlining the significance of the wetlands in the NE 201h Street area. Letter to Erika Conkling from Richard Robohm (October 16, 2006). The letter discusses the significance of soils in the area and their values, and also notes that a spring originates on this wetland and flows through Kennydale to Lake Washington. The Category 2 wetland classification applied in the Gordley short plat is inconsistent with previous delineations and fails to identify and analyze the wetlands as the headwaters of Kennydale Creek. Classifying this portion of the wetland as Category 3 when other studies have concluded that the entire wetland is properly classified Category 2 because it is within the headwaters of a watercourse is contrary to the directive in the regulations prohibiting dual Category 2 and 3 classifications. RMC 4-3-050 M.S. This piecemeal classification is contrary to the City's regulations and the directive of Growth Management Act to protect the functions and values of critical areas. 1V. CONCLUSION The City's application of critical areas buffers in the short plat decision is not supported by best available science, is contrary to the critical areas regulations, and is arbitrary and capricious. Approval of unsupported classifications runs contrary to the goals Appellant's Hearing Brief - 15 GENDLER & MANN, LLP 1424 Fourth Avenue. Suite 1015 Seattle, WA 98101 Phone: 1206) 621-8868 Fax: (206) 621-0512 i 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the critical areas ordinance to protect environmental quality, protect the public from potential litigation on improper construction practices occurring in critical areas, and to ensure that critical area functions are not impaired. The short plat decision should be reversed. Dated this �! 'f day of February, 2008. �.KCAA(DenyDouumem 2 ON DS Appellant's Hearing Brief - 16 Respectfully submitted, GENDLER & MANN, LLP By: *—Wktp—v—� Ashley A. kck WSBA No. 39254 Attorneys for Sue Rider and the Kennydale Critical Areas Alliance GENDLER & MANN, LLP 1424 Fourth Avenue, Suite 1015 Seattle, WA 98101 Phone: 1206) 621.8868 Fax: (206) 621-0512 20040903002252.001 ti-„ELOPMENT PLANNING r•-rt OF RF-NTON NOV - 1 2007 RECEIVED Return Address KING COUNTY CREDIT UNION 801 2ND AVENUE, SUITE 100 SEATTLE, WASHINGTON 98104 20040903002252 CNICRGO TITI.I OT 2g ee a103//20O4 15-03 KING COUNTY, WA Above this Line for Order No 8839584 DEED OF TRUST Gran tor(s)/borrower(s) 1 Richard Gordley 2 Lauralee Gordley Grantee/ass tgneelbenef c tary KING COUNTY CREDIT UNION, Beneficiay CHICAGO TITLE INSURANCE COMPANY, Trustee Data] CT R S-S q-� Legal Description LOT 4 AND A PORTION OF LOT 2, SHORT PLAT NUMBER SHPL-060-87, RECORDING NUMBER 8805099006. Additional legal description is on 9 Assessor's Tax Parcel M# 334390-3563-04 THIS DEED OF TRUST is made this 30th day of August, 2004, among the Grantor, Richard Gordley and Lauralee Gordley husband and wife (herein "Borrower"), CHICAGO TITLE INSURANCE COMPANY (herein "Trustee"), and the Beneficiary KING COUNTY CREDIT UNION, a corporation organized and existing under the laws of the State of WASHINGTON, whose address is 801 2ND AVENUE, SUITE 100, SEATTLE, WASHINGTON 98104 (herein "Lender") BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located to the County of King, State of WASHINGTON FULL LEGAL DESCRIPTION IS LOCATED ON PAGE 8 OF THIS DOCUMENT W 4SIIINGTON - SECOND MORTGAGE- V80-FNh1A1FHLMC CNIFORM INSTRUMENT Form 3849 (page I of 8) wa2ndtd 20040903002262.002 which has the address of 2010 Jones Ave. NE Renton [Street] [City] WASHINCTON 98056 (herein "Property Address"), [State] [lip Code] TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rent~), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust, and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property", TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated August 30, 2004 and extensions and renewals thereof (herein "Note"), in the principal sum of LJ S $ 30,000 00, with interest thereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on August 30, 2014, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust, and the perionnance of the covenants and agreements of Borrower herein contained Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record UNIFORM COVENANTS Borrower and Lender covenant and agree as follows 1. Payment of Principal and Interest Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum ( herein "Funds") equal to one -twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus one -twelfth of yearly premium installments for hazard insurance, plus one -twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution) Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents Lender may not charge for so holding and applying the Funds, analyzing said account or veritying and compiling said assessments and bills, unless Lender pays Forrower interest on the Funds and applicable law permits Lender to make such a charge Borrower and Lender may agree in wntmg at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earrings on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made The Funds are pledged as additional security for the sums secured by this Deed of Trust If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower'~ option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require Form 3848 (page2 of 9 pages) 20040903002262.003 Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, fender shall apply, no later than immediately poor to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust 3. Application of Payments Unless applicable law provides otherwise, all payments received by Lender under the ]Vote and paragraphs l and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note 4 Prior Mortgages and Deeds of Trust; Charges, Liens. Borrower Shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due Borrower shall pay or cause to be paid all taxes, assessments and other charges, Fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any 5. Hazard Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, ha73rds included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for Such periods as Lender may require The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, provided, that such approval shall not be unreasonably withheld All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause to favor of and in a form acceptable to Lender Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss if not made promptly by Borrower If the Property is abandoned by Borrower, or if Borrower falls to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust 6 Preservation and Maintenance of Property; Leaseholds; Condominiums, Planned Unit Developments Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold if this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents 7. Protection of Lender's Security If Borrower fails to perform the covenants and agreements contained in this Deed of 7 rust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance i.n effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Deed of Trust Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from lender to Borrower requesting payment thereof Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder 8. Inspection Lender may make or cause to be made reasonable entries upon and inspection% of the Property, provided that Lender shall give Borrower notice prior to any Such inspection specifying reasonable cause therefor related to Lender's interest in the Property Form 3848 (page 3 of 8 pages) 20040903002252.004 9. Condemnation The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust 10, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sum+ secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law shall not be a waiver of or preclude the exercise of any such right or remedy II Successors and Assigns Bound; Joint and Several Liability, Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. subject to the provisions of paragraph lb hereof All covenants and agreements of Borrower ,hall be joint and several Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property 12 Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein 13 Governing Law, Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict Shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable AS used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable taw or limited herein 14 Borrower'sCopy Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair or other loan agreement which Borrower enters into with Lender Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of Trust However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of Trust If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Decd of Trust If Borrower fails to pay these sums prior to the expiration of Form 3848 (page 4 of 8 pagp) 20040903002252.005 this period, Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower NON -UNIFORM COVENANTS Borrower and Lender fiulher covenant and agree as follows 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is marled to Borrower, by which such breach must he cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property at public auction at a date not less than 120 days in the future The notice shall further inform Borrower of (i) the right to reinstate after acceleration, (it) the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure, and (iu) any other matters required to be included in such notice by applicable law, if the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. If lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require After the lapse of such time as may be required by applicable law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of the Property for a period or periods not exceeding a total of 30 days by public announcement at the time and place fixed in the notice of sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed convevmg the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prinia facie evidence of the truth of the statements made therein Trustee shall apply the proceeds of the sale in the following order. (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto, or to the Clerk of the Superior Court of the County in which the sale took place 18 Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust di -,continued at any time prior to the earlier to occur of (i) the tenth day before -,ale of the Property pursuant to the power of sale contained in this Deed of Trust or (u) entry of a judgement enforcing this Deed of Trust if (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred, (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust, (e) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorncys' fees, and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional 4ecurity hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrowcr shall, prior to Form 3848 (page 5 of 8 page) 20040903002252.006 acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust Lender and the receiver shall be liable to account only for those rents actually received 20. Reconveyance Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Yrust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto Such person or persons shall pay all costs of recordation, if any 21 Substitute Trustee. In accordance with applicable law, Lender may from time to time appoint a successor trustee to any True -tee appointed hereunder who has ceased to act Without conveyance of the Property, the successor trustee Shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law 22. Use of Property. The Property i5 not used principally for agricultural or farming purposes 23. -Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable] [ ] Adjustable Rate Rider [ Condominium Rider [ ] Second Home Rider [ ] Balloon Rider [ ] Planned Unit Development Rider [ ] I-4 Family Rider [ ] VA Rider [ ] Biweekly Payment Rider [ I Other(s) [specify] Forni 3848 (pege 6 of 9 paged 20040903002252.007 LEGAL DESCRIPTION LOT 4 OF CITY OF RENTON SHORT PLAT NUM73ER SHPL-060-87, RECORDED UNDER RECORDING NUMBER 8805099006, AND THAT PORTION OF LOT 2 OF SAID SHORT PLAT LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4, THENCE NORTH 89029'00" EAST ON THE EASTERLY PROJFC ION OF THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 226 50 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2, SAID POINT BEING SOUTH 00035'32" EAST A DISTANCE OF 325 B8 FEET FROM. THE MOST NORTHEASTERLY C'ORNEx OF SAIU LOT 2, AND THE TERMINUS OF THE HEREIN DESCRIBED LINE, (BEING KNOWN AS LOT n OF CTTY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA. 95-093 LLA UNDER RECORDING NUMBER 9511299005 ) 20040903002252, 008 REQUEST FOR NOTICE OF DEFAIJLT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed of Trust, of any default under the superior encumbrance and of any sale or other foreclosure action IN WIT S IFREOF, Bo ower has executed this Deed of Trust Borrower Rmhard Vordley Wrrer Laur lee Gordley Borrower Borrower State of WASHINGTON } } County of King } On this day personally appeared before me Richard Gordley and Lauralee Gordley to me known to he the individual(s) dewnbed in and who executed the within and foregoing instrument, and acknowledged that they signed and scaled the said instrument as their free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and officialseal this 30 day of August, 20G4 at Seattle My Appointment Expires on Sept. 8, 2005 rotary Public in and for the State of Was9ton, residing ' � rr. i *^ tZ?AteQ ' 4+ ,S #�h,Jplla, i 1 � Form 3848 (page 7 of 8 pages) 20040903002252.009 Loan ## 3532708-03 Order 4 8839584 CALL OPTION RIDER THIS RIDER is made this 30th day of August, 2004, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument") of the same date, given by the undersigned (the `Borrower") to .ccure Borrower's Note to KING COUNTY CREDIT UNION (the "Lender") of the same date (the "Note") and covering the property described in the Secunty Instrument and located at 2010 .tones Ave. NE, Renton, WASHINGTON 98056 (Property Address) ADDITIONAL COVENANT In addition to the covenants and agreement,, made in the Security Instrument, Borrower and Lender further covenant and agree as follows A Lender's Call Option Dunng the thirty day penod beguming on a date five years from the date of the Note, Lender shall have the option to require payment in; full of the sums secured by the Security Instrument If Lender elects to exercise this call option, notice of such election shall he given to Borrower who shall pay all such sums to I ender on the payment date specified in the notice, which elate shalt be at least 60 days from the date of matting If Borrower fails to pay such sums when due, Lender may invoke any remedies permitted by the Security Instrument IN WITNF F, Borro has executed this Call Option Rider (Seal) AI(Seal) char ordley Borrower au atee Gordley -Borrower _ (Seal) -Borrower CALL OPTION RIDER kngrid (Seal) -Borrower "A= W �v1�10PMENT PLANNI CfTY OF REN-rCN G lit W771t]'E5'f fi£faQ�>r!w fWl:f._ NOt.Iwi3II,11}'Pr-":':,i.rO[TY/IyDfpR AOC''[.f1iACYA:a'.,u1:ii) i:':' FIHAThA1LgiCAN x. , , f 7T!!AI' �JRAtiCL Cortrprfy r Feist American Title Insurance Company Filed for Rlcord at Request of Name CHARLES AND WINIFRED POHL NOV - OP tEA ED iS x � 11 I Address 2004 DONES AVENUE NE _ EXCISE TAX NOT REQUIR ReIK To P*oua Eld-4fAFF, 1 City and State RENTON, WASHINGTON 980-916 KInpCR Rcotudi 8 f�AV mvity Quit Claim Deed 1 lB THE GRANTOR DAN—WES HOMES, INC A WAS31NG'lON CORPORATION for and in consideration of GRANTING OF EASEMENT OMITTED ON ORIGINAL DEED TRANSFER E%GIBE PAID UNDER I e1057 426 MARCH 20, 1995, UNDER RECORDING NO. 9503201122 conveys and quit claims to CHARGES POHL AND WINIFRED POHL, HUSBAND AND WIFE the following described reai estate, situated in the County of ICING State of Washington. together with all after acquired title of the grantor(s) therein: A 10' EASEMENT FOR INGRESS.EGRESS AND UTILITIES FOR THE t in PURPOSE OF UTILIZING GRANTEE'S WATER RIGHTS FROM AN ry] UNNAMED CREEK AS SHOWN AND DELINEATED ON SHORT PLAT NO. {� SHPL--060-87 AS RECORDED UNDER RECORDING NO. aB05099006 Well RECORDS OF KING COUNTY, WASHINGTON, THIS EASEMENT SHALL BENEFIT LOT 1 OF SAID SHORT PLAT AND IS DECRI88D AS \ FOLLOWS q BEGINNING ON THE NORTHEAST CORNER OF SAID LOT1; THENCE N 89 29' 001 a TO THE CENTER OF SAID CREEK; THENCE SOUTHERLY ALONG THE CENTER OF SAID CREEK 10': THENCE WESTERLY PARALLEL TO THE NORTHERLY LINE OF SAID EASEMENT TO THE EASTERLY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1: TO THE POINT OF BEGINNING. Dated DULY 25 _ 19 95 3AN— S H , I (IndividuAll 48 y adividualJ :E A TOR . SUR ER, VICE—PRESIDENT EIy (Suer ry) sn'A!rF OF WASHINCTON }l} COl1NT1' OF_._.. On this day Pervmolir appeared br ro a me to me kraan to he the indisidudllsl dcmcribed in and who executed the within and foregoing instrument, and acknowledged that __,___,_ migncd the same as _ free and volunu act and deed, L,r the axes and purpose. therein mentioned. G[CEN under my hand and ariicinl meal this --day of 3'J— —.. Notary Public in and far the Stale ar Wti4hington, residing at SPATE OF WASHINGTON aa. COUNTY OF KTNG O.thi. 25T$ dayor_ . ULY Iy 95 . bef ry me. the undar.igned, a Notary Public in and for the State adlVaehingtna, duly corn, rni..iuned and sworn, persaaally appeared WALTER A. SCHAEFER and to me known to Ire the VICE President and —secretary, respectively. or DA�WSS HOMESi_INC the corporation that executed the foregoing instrument, and acknowledged the said inatru- meet to be the free andvoluaaay act and deed of aa[d corpornlon. rorthe uees and purpose■ $cram meationed aced on oath misted that Hs IS authorlxcdtosxor ter tl esaidinatrument andthetthe meeleffixed is them eteelafmafd rorpttretiom - •Witaesa m baud _ - �dliy and year rust above vnitterx fPub tc and for tha State of Washington, reddRrg at �� hr LI'8-12 I61841 I� IPp ON �ING v�c 'o T�1w, e joI ?.D w I��001 OF �11II��Igqpp i IIAYViLY PORTFO ADT R132CdIlITY, 411 e,N W Hi.N RECORDED MAI1. TO: WASHINGTON H;anic"PonfelioSenires.LLC COUNTY OF KING 1611 S. Harbor Blvd. Ssrifc 200 LOAN NO I: 702041213 PO BOX 251171) LOAN NO 2' 202MI7 Sawa Ana. CA 92711Jd)451 INVESTOR ircryred ire i clla nnrlu POOI. NO 491948 Assignment of Deed of Trust FOR \, 4LUE RF,CEWED. the undersigned as E-ricktan ("ASSIGNOR"), hereb} grinds, crnsCys_ ass+gas and 1rnasfcrs Lo fLEET MORTGAGE CORP. 1333 MAIN STREET, SUITE 100, COLUMBIA, SC 29211 (" &mpice") al I benefnwl I nicrest under OM cerfam Deed of Tnisl dated 3)17199 cseenrcd b� RICHARDGORDUY AND LAURAM GORDLEY Tnistor IO GEORGE C. REINMILLER TRUSTEE, INC. 'rnislec. and rCCOrded asinSIVtI II( naulbCr 99031920 Oil 3119f99 In Book Pam Of Official kixords III line Office of tic COMM Recorder Of KING '.4nshinglon. ia5 dcscrlbcd m s;ud fkcd ofTnisi 7Occ11rcr )u1h the ITnle ar Hales tlrerenl desenbed or rcfcrrcd lo, IIIe Inoncp dne .and to Ipacomc due Ihcrcen a r1 h lill cresl. and ail rights accrued or Io accnic under s ald Decd o1 Trusl Dated 812199 WHITE MOUNTAIN SERVICES CORPORATION FWA 50C'ZCE ONE MORTGAH SERVICE5 CORPORATION 27555FARMINOT ONROAD ,FARMINOT HILL ! 48334 C Bt B. LADZI 5 — ASSISTA VICE PRESIDENT STAIR OF ('AI.IFORNIA 1 ) SS f OL NT v OF ORAN(it y On 812f99 _ irefurc rue- CLARA MELKONIAN PCrsona81 appeared B- LA071NSKI, ASSISTANT VICE PRESIDENT, 1 Ixrsoualh kno%, n to Inc Prowd 10IIIC Oil111C M95Of SAISLICIOt? cl idcacci to bc 11x• pasoalcl uhosc Hama';) Isom -ubscribcd In the willur Iaslnisacul and rCknnnICCI �Cd Ip IOC dial hViS1IC.thn c�ccwcd the s.Imc Ill Ills her;'Ihcrr atnhonnd GIPacligwl %), and Ihat ba Ins' her them signalarClgy as 111C InsIrlllacul the IxrSanl5) nr the cnnin ipin lxhall of uh0i lht Txtsows) aRcd c5atrtcd the mstni ncui h II}�TN SS nn Imad and atikiall scai t1`}.}.r�C cxitu` C/- SOC1AgA �IE� L� I(� pH� IAN T:\R1 Pl'Fi[.!C CLARAMELiSONIAIN COMM ... 1142922 � tn,-7ini.r•n.,oJiI' • 6ROiCI [ WAf pUK*C4MI0t a m O'l4Npf Q01Plry Li I Up Tian EMC J' u�ne I0.2401 7699 I1IN111II1Ia�11 W, C� �• Relum To: $ E SOURCE CNE MORTGAGE SERVICES LOHPaRAIION 27555 FARMINGTON HO STE 300 rARNINGTN HLS MI 6833E-3357 FSMA> OOLUMENTS - t kmA-m%or's Parcel or Account Number: J `� 51-3 Ahbrcviatcd Legal Dmriptkrn: L Ci:+� ' ' SuPL 6loo 87 A $8os0��tGb� i (Include 1rA, hk)ck and nlol ur xc5m, wwnahip and range] FEtll Iegal dascdptinn Incated on page 7020E11i 3 -- --- (Spa" Aburc Thb Line For itecarding Datat DEED OF TRUST 14 a THIS DEED OF TRIIST ('Security lnsttument") is manic on MARCH 1 7I H. 1995 The grantor is 9EC}MD GLRw.E' gyp LFUaaLEE GWLEV ("Elnrn�wer").Tlrclrustex is GLORGE C. HEINMILLER TRUSTEE. INC 521 SW CLAY ST STE 200. PORTLANt7, OR 97201-5407 ("Trustee").7irc hcnefrciaryis SOURCE 011E MORTGAGE SERVICES CORPORATION which i. nrganimd and existing under the laws of UEL AMARE and whose addressis 27555 FARMINGTON RO STE 30C FARMINGTN HLS. M( 40334-331,7 ("[ender'). Borrower owes [.cadet the prittripal stun of TWO HUNOREC FORTY IHOUSANO AND N01I00 Dollars (L1-S. S 240. 000.00 ). This debt is evidenced by Borrower's nate dated the same WASHfNGTONLSWVWFWMIY-fFMMA fKMICLNAFORWnMTRLUERr dA6H(WAF(9701) Doan 30410 9190 RK3AO Awm"11111 Page I IO tlriLl(8 .A221S� 111 � �0 PageVkIP I of3 AGp FbRAI (800)525-7291 a 0 date as this Security Instrument ('Note), which provides fin monthly payments, with the full (icbt, if not paid earlier, due and payahic on APR IL IST 2029 This Security Iu%trurncnt sucutm to Letaler: (a) the repayment of the debt evidenced by the Note, with interest, and al l renewals, extdrsions and modification% of the Noic; (h) the payment of all othct sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's cove mLs. and agreements tinder this Security Instrument and the Note. For this purpose, Borrower imvocably grant.% and conveys to Ttti4w. in trust, with power of sale, the following & crihed property located in KING County, Washington: tta� SEE ATTATCHEO LEGAL RESCRIPiION Q� which hastheaddress Of2010 ,ZONES AVE NE. RENTON ISlrw.chyl. M Washington 99056-2658lure d.I("Property Address"); t TOGETHER WITH all the improvements now or herraAcr mected on the proppecrty, and all ti r casements, apputtenamcs, And fixture.+ now or hereafter a pan of LW property. All ?opplacements and additions shall also be covered by this Security Instrument. All of the foregoing is referted to in this �.. SecurilyInstrument as the -Property.- BORROWER COVENANTS that Borrower is iawfullymisedof the cstalehcrety conveyed and has the right to grant and convey the Property and tut the Property is unencumbered, except for cneurnhnusccS of teeord. Borrower warrants and will defend guterally the title to the Property against _ at c lainis and demands, sub'c -t to any encumbrances of rocord. PHIS SECURITY IrSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variation by jurisdiction to constitute a uniform security instrument coven ngg real pprroaperly. UNIFORM COVEN ANTS i1otrowerandLcndetcovc-=tand agreeasfollows! 1. Payment of Principal and Interest; Prmpaymenl and Late Cbargee. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and I ale charges due the Note. 2. Funds% for Taxes and Insurance. Subject to applicable law oT to a written waiver by Lender, Borrower shall pay to Lcndcr on tine day monthly prymcnls arc due under the Note, until the Note is paid in Bill, a sum ("Pursds")fur: (a) yearly taxes and assesstmxsls which may attain priority over this ocurily instrument as a lien ors nc� Property; (h) yearly ]ras�chald paymu:ts or ground rents on the Ptaperty, d any; f -) Yearly lsaranl or property nnsurarnce premiums; fd) Yearly flood insurance P(�rc,n,umy, if any; (e} yearlly momgage tn%utatroe premiums, tf any; turd (fl any sur.ts payable by &rrrowcr 10 Lender, in accortdancc witF the provtsior�% of paragraph 8, in lieu of the payment of mortgage irtwrarsce pinmiurts. These Items ate called "Escrow items." I etrder ma , at any iirnc oilcan and hold Funds in an amount not to cxcocil rise maximum amount a tennder for a t�rderalty retaQ murtgagc loan may require for BoTTower's escrow account undet the federal Real Estate Settlement Pnxulu" Act of 1974 as amended From time to time, 12 U.S.C. Section 2601 of seq. ("RESPA'), unless another law that applies to the Fundssels a lesser amount. If so, Larder tray, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Leader may estimate the amcrunt of Fund% due on the basisof current data and reasonable ea6tnates of expendift= of future Escrow Items or otherwise in accordance with applicable law. The Fund% shall he held in an institution whose deposits ate insured by a federal a%.wy, ire.trumentulity, or entity (iry luting Leoda, if Lender is such wr uisdu tion) or in any Fedwal Norm InwAls. , 444H(WAl (9701) Page 2 of A Form awn 9/90 ISO On IN Loan Bank. L imcler shall apply�Funut Ito payer Escrow Items. Lender may not charge Bormwer for holding and applying tlhpec FF y yzing the escrow account, or verifying the Escrow hems, unlcm Lender pays Borrower interest on the Funds arri app�icable law permits Lender to make such a charge. However, Lender may require %%rower to pay a cne-time charge for an independent real date tax reporting service used by Larder in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made rrapplicable law roquires interest to be paid, Lender shall not he tscquired to pay Borrower any interest or earnings on the Funds. Borrower and Latter may ages in wrnnng, however, that interest shall he paid on the Funds_ Lender shall give to Borrower, without charge, an annual acctxutting of the Fund, showing credits and debits to the Funds and the pugx)w for which each debit to the Funds was made. The Furl ate pledged as additional securi ty for all sumssecured by this Securityy Instrument. If the Funds held by Lender exceed the amounts permitted to he held by applicable law, lender shall account to Borrower for the excess Funds in w4ordance with the raptirements of applicable law. If Ili. amount of the Funds held by Lender at any time is oar sufficient to pay the Fscrow Items when due, Lender may no notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency.Borrower shall make up the deficiency in no more than Iwclvc monthly payments, al Lendet's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lazier shall promptly rcfund to Borrower any Funds held by Lander. If, under paragraph 21, Lender shall uitc or self the Pn4wtty, Leander, prior to the acquisition or sale of the Pmpaty, abet l appply any F=% u ld by set atghctimeofacqutsitionorsaleasacreditagainstthesumssecuredbythis ecuntylnstrument. 3. Apep{icaflnnof Pa meats. Unless a licablc taw pmvides otherwise, all payments received by Lender under paragraphs rand and 2 shall be applied: first, to any prepayment charges due under the Notc; second, to nmou its payable under paragraph 2; thud, to interest due; fourth, to principal due; and Iasi, to any laic charges duc under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assacmaasls, c es, fines and iMI�xmp�sitiemti stlrihutahle In the Frnpctty which may attain pnority over this Security nstnament, and feasclwpld 94 payments or ground rents, if any Borrower shall pay these obligations in the manner provided, in paragraph 2, or If not paid in that mariner, Ekmowet shall pay them on time directly to the person owed ku payment. Borrower stied promptly fumish to Lander all notices of amounts to be paid under this IN paragraph. If Borrower makes these payments directly, torrower shall promptly fumish to Lender M recetppl1�s evndenzing the payments. Cmwer shall promptly discharge any lien which has priority over this Security Instrurncid unless Borrower: a) agees inwriting to the payment of the obligation secured by the lien in a manner acceptable toLender; } contcsts in good faith the lien by, or defends against enforcement trf the lien in, legal ptuc=fings which in the Lendcr's opinion operate to prevent the enfotceme nt of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender &A-zimines that hny put of the Property is subject to a lien which may attain priority over Ihis Security Instrument, Lender may give Borrower a notice.identifying the lien. 13orcowrr shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving Df notice. 5. Hazard or Property luauranoe. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term %xterndal coverage" and any other hazards, including floods or flooding, for which Leader requires irmiraace. This insurance shall he maintained in the amounts and for the periods that Lender mquita- The insurancc carrier prcvid'rng the insurance shall he chosen by Borrower subject to Lender's approval which shall not be ably, withheld If Borrower fails to maintain cavaagc described a wc, L.cndcr may, at Lender's c'Ption, obtain coverage to prolrct Lender's rights in the Property in accordance with paragraph 7. All insurance pri4cies and renewals sbail he ble to L.erKW and shall include a standard mortgage clause. Lender shall have the right to hold! policies and renewals, If Lender requires, Bonower shell prompt] y give to 1-4nder all receipts of paid premiums and renewal notices. In the event of l4usc, Borrower aFlalI give prompt notice to the irmtance cattier and Lender. Lander may maize proof of Ickes if tint mantle promptly by Borrower. Univ;s Lender and Borrower otherwise groe in writing, insurance proceeds shall be applied to trswrat ion or repair of the Propertyy damaged. If tic. n�k ration or repair to eaAtomicallyy fam e"ble and Lcrider's security is not levoted- If the restoration or repair is not oe nomieally feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums scctued by this tahirk� dkgHRNht (mal) Prue 3 of R Fain, 30" era m • w. 0 Security Instrument, whether or not then due, with any excess paid to Bormwcr. If Borrowcr ahandcros the Property, or does not answer within 30 days a notice from Lauder that the insurance carrier has offered to settle a claim, then lender may collect the insuratree pnocceds. Lender may use the pwcwAs to repair or restote the Property or to pay sums secured by this Security Instrument, whether or not then due. -I"m 30-day period wild begin when the notice is given. Unkaa Larder and Borrower otherwise agree in writing, any apppplication of proceeds to principal shall not exlend nr postpone the due date of the monthly payments mf erred to in paragraphs t and 2 or change the amount cif the payments. If unde-i paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance polic'scs and proceeds resulting from damage to the Property prior to the acquisition shall s ko Lender to the extent of the sums secured by this Security Instrument i mmedtalely prorto rite acquisition. 6.Occupancy, Preservation, Maintenance and Protection ofthe Properly; Borrower's Loan Application; Leaaebolds, Borrower shall occupy, establish, and use the Property as Bornowcr's principal residence within sixty days after the execution of this Security Iftslrumerrl said shall continue to occupy the Property as Borrower's principal rrsidrricc for at least one after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not he unr+easrmably (3 withheld, or unless extenuating circumstances exist which arc beyond Borrower's control, Borrower N shafl not destroy, damage or impair the Property, allow the Property to deteriarate, or commit waste on the Pr operty. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or Will otherwise materially impair the lien crested by this Security Imtrumennt ter Lernder's security lnlcr..vt. g? B otrower may cure such a default and miustale, as provided in paragraph 18, by causing the action car proceeding to be dismissed with a ruling that, in Lender's goad faith detcminatum, precludes furfcilurc of flee fiemeawer's intcrstc3t in the Property or other material impairment of the lien created by this of Security Inarume nt or Lender's security interest. Borrower shelf also be in default if Borrower, during the loan applicatinn process, gave materially false or inaccurate information orstatc'ruxrts to Lender (or failed to provide Lender with any material information) in connection with the loan evidearced by the; Note, including but not iimiled to, reptraarlatirms concerning Borrower's exxup�tcy of the Property as a principal eessidiawc. If lhvi Security Instrument is on a leaschoild, Borrower shall comply with all the pow isirxcs of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merit unless Lender agrees to the merger in writing. 7. Protection of Leader's Rights in the Property. If Borrower fails to pefonn the covenants and agreements container+ in this Secunry Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for conde ination ur forfeiture or to dffotce laws or regulations), then Lcndet may do and pay for whatever is necessary to protect the value of the Ptapet(y and I-Amde 's rights in the Property. Lender's actions may include paying any sums secured by a lice which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take acli on under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Larder under this paragraph 7 shall become additional debt of Hottowet secured by this Security Instrument Unless Borrower end Lender agree to other terms of payment, these amounts she'd bear interest from the date of disburaemcnt at the Note rate and shall be payabdc, with intercst,upon notice from Leridet to Borrower requesting payment. ti. Mortgage lastimuce. If Leader requiredMOAMC insurance as a condi Best of makineg the loan secured by this Security Ins rument, Borrower pay the fimmtuns required to maintair the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by 1-7ndcr lapses or ceases to be in effect, Bortawer shall pay the premiums required to obtain cuveragc substantially equivalent to the mortgage inStnrarnex previously in effect, at a coat substantially equivalent in the cost to Borrower of the mortgage insurance previously in cffcci, from an alicmate mortgaagge Insurer approved by Lender. If substantially equivalent mortgage mi sutance coverage is net availahlc, Borrower shall pay to Iander each month isum equal to one -twelfth of the yearly mortw insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use rand retain Erse payments as a loss reserve in lieu of mortgage insurance. Lass reserve payments may no longer he required, at the option of Leader, if mortgage iwum= coverage. (in the an xnt and for the period dw Lerida requites) provided by an itts_ret apptand by tnaiats: klez", A/MIWAt (97{I 11 gage: 4 6f 0 Farm 304a 9/W s a Lender again becomes available and is -obtained. Borrower shell pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage incuratrce etch in accordance with any written agreement bdworar Borrower and Lender or applicable law. 9. Inspection. render or its agent may make reasonable entries upon and inspections of tic Property. Linder shall give Bcmower notice at the time of or prior to an inspection specifying te"nableca"forthei on. 10. Condensatioa.fruceods of any award or claim for damages, direct or eor,sequcntial, in connection with any condefinatrnn or other tiling conveyance any part of the Property, or for mveyance in lieu of candomnation,am hereby assigned and shall be paid to mender. In the event of a total talririt; of the Property, the proceeds shad I be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and !.ender otherwise agree in writing, the sums secured by this Sesurly Instmhmer L shall he mduccd by the amount of the proceeds multiplied by the Following; fraction: (a) the total amount of the sums s=rcd immediately before the Lakin , divided by (h) the fair tna*ct value of the Property immediately before the taking. Any balance strait he paid to Bormwet. In the event of a putial talong of the property in which the fair market value of the Property immediately before the taking is less than the amount of the sums smured immediately before the, taking, unless Borrower and Lakdcr otherwise agree in writing or unless tgplicable law Otherwise prnvidcs, the proceeds shall be applied to the sums secured by this Security Inmtrument whether or not the sums are then due. If the Property is abandoned by Borrower, of if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages. Borrower fails to respond to Lcndct within 10 days after the date the notice is given, Fender is authorized to collect and a iy the proceeds, at its option, either to restoration or repair of the property or to the sums secured by this Security Instrument, whether or nor then due. Unless Lender and Bormwer otherwise agree in writing, any application of proceeds to principal Shall col extend or postpone the due date tit the monthly payments referred to i n paragraphs 1 and 2 or charge the amount ofsuch payments. r% 11. Boa rower Not Released; Forbestnance By Lender Not a Waiver. Extension of the time for paymcnt of modification of amortization of the sums secured by this Security Instrument granted by [.ender to any sucuxresor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. I cider shall not be mquind to commence proccedings against any successor in interest or refuse to extend time for payment. or otherwise modify amortization of the sums scarred by this Security Instrument by qreason of any demand mask: by the original Borrower of Borrower's succ mors in interest. Any forbeatance by Larder in exercising any right orrcmedyshall not beawaiver oforpreclude the exercrseofan right or remedy. 12, Successon and Assigns Bound; Joint and Severyil Liability; Co-signers. 'Ile covenants and agreements of this Security Inarunscm shall bind and benefit the soc";8MM and assigns of Lender and Borrow cr, sublet tO the provisions of paragraph IT Borrower's covenants and agreements shall be jr,int and several. Any glower who co-signs this Security Instrument but does not execute the Now (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest ni the Property under the terms of this Security Instrument; (b) is not personally Obligated to pay the hunts secured by this Security Instrument and (e) agrees that Lcridtrt and any other Borrower may agroc: to extend, modify, forbear or make any accommodationterms s with regard to the terof this Security Instrumcni or the [Pole without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted sit that the interest or other loan charges collected or to be colloctA in coritnction with the loan exceed the permitted limits, then: (a) any such lawn charge shall be reduced by the amount necessary 10 reduce the charge to the permitted limo; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lerdet may choose to make this refund by reducing the principal owed under the Note or by nwling a direct payment to Borrower. If a refund reduces principal, the induction will be treated as a partial prepayment without any prepayment charge under the Note, Initials: -6+iiwA1 (4701) Pages Ur Fans 3e/6 WItO l W L f • 0 14. Notiees. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by ftnctelami mail unlem applicable lawicyulms use af another metltixl. The notice shall be directed to the Property Address at any other address Borrower designates by notice to Lender. Any notice to lender shall be giver. by f isl class mail to Lender's addreih stated herein or any other address Lender designates by notice to Borrower. Any notice pprovided far in this Security Instrument shall be deemed to have been given to Borrower or Um er when given as prcrvidcd in thispamfoph. 15. Governla Law; S•lribllity.1'his Security Instrument shall he governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or statist oi, Ibis Security Instrument or the Note conflicts with applicable law, such conflict shall tint affect other provisions of this Security Instrument or the Note which can he given effect without the conflicling provision. To this cod the provisions of this Security Instrument and the Note are declared to he xvcrablc. a"4 16. Borrower's Copy. LSornrwcr shall be given one conformed copy of the Note and of This Security fr slrument. 17. Transfer of the Property or r $eneflcial Interest In Borrawer. If all or any part of the M Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or Pr transferred and Borrower is not a natural person) without Leraicr's prior written oimscrit. Lcnd:r may, !+� at its option, require immediate payment in full of all sums secured by this Security Instrument. f However, this option shall not be exercised by Lender if exercise is prohibited by fed 1 law as of the Qo} datr of this Security Insoumct• If Lender exercises this option, Lendershall give Borrower notice of acceleration. The notice shall provide a period of not laws than 30 days from the date the notice is delivered or trailed within which Borrower must dray all sums secured by this Security instrument. If Harrower fails to pay these sums prior to the expiration of this period, harder may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the cattier of: (a) 5 days (or such other period as applicable law may spocify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instntment; or (b) entry of a judgment enforcing this Security Instrument_ 'Phase conditions arc that Borrower: (a) pays Lerida all sum which then would he due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or a4ieerttents; (c) pays all experts incurred in enforcing this Security Instrumeni. including, but riot limited to, reasonable aRomeys fees; and (d) lakes such action as Lender may reasonably require to assure that the lien of this Security instrument, Lcnder's rights in the Propertr and Borrower's obligation to ppaay the sums secured by this Security Instrument shall continue unchanged. ed. Upon reinstatement by Borrower, this Security Instromtnl and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, Ihis right to reinstate shall not applyy to the cue ufacceleratiom under paragraph 17. 19. Sale of mote; Change of Loan 5er•vicer. The Note or a partial interest in the Note (together with this Security inAtment) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servtcer`) tidal collects monthly payments •iuc under the Note and this Sceuni Instrument. There also may be one or more changes of the Loan Service uunrelated to a sale of the Note. If these is a change of the Luau Servicer, Borrower will be &iven wnuen notice of the changge in accoance rdwith paragraph 14 abovc and applicable law. The notice will state the name and address of the new Loan Scrvicer and the address to which Payments should be made. The r•otice will rdsu contain any other information required by applicable aw. 20. Hasardoue Sabwtaaces. Borrower shall not egum or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Bormwet shall not do, nor allow anyone else to do, anything al)Mu the Property the is in vloiatioxl of any P�ivittxttnertlal Law, The preceding two sentences shall not apply to the presence, use, or sl�rnge on the Property of small yuanuties of Hayatdvua Suhstartols that are generally recognized Ea be appnoprtale in rtottttal rasidcntiA uses and to tnaintctiartcc of the Property. florrvwer shall promptly give Lender written FT ce of any investigation, claim, deerbarrd, lawsuit nr other action by arty governmental or regulatory y at gnvaleinolving the Progeny and ryHSuhtarx;.eorEnvirtattal Lawhich Harrawu Fos actual ktrow edge. [f Ifurnruef Icaenv, rn is notified by any gnvemmerHal or teaulataty authority, that any removal or other Initiate jWHfWM 19701) Page 6ofS acorn awe g/ao IN 2.1 11 0 40 remediaticm of any Harsrdous Substance affecting the Pmpctty is necessary, Borrower shall promptly take all necessary remedial actions in accordattee with Environmental Taw. As used in this paragraph 20, 'Hazardous Substances' arc those substances defined as toxic or haxardnris substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides, and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive malerials. As used in this paragraph 20, "Environmental law" means federal laws and laws of the jurisdiction where the property is located that relate tohcalth, safetyy ormvironmental protection. NON -UNIFORM COVENANTS. Bomt wcrandLcnderfurther covcnanlandagreewfollows: 21. Acceleration; Remedies. Lander shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless appplicable law provides otherwise). The notice shall specify. (a) the default; (b) the adion requited to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower by which the default must be cured; and {d) that failure to cure the default on or before the Date specified In the notice may resrtlt In acceleration of the sutras secured by [his Security Instrument and sale of the Property at public auction at a date not less than 120 days In the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a murt action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be Included In the notice by applicable law. If the default Is not cured on or before the date specified In the notice, Lender, at its option, may require Immediate payment In full of all sums secured by this Security Instrument without further r„t demand and may Invoke the pourer of ask and any other remedies permitted by applicable I aw. lender shall be entltkd to colkeft all expenses Incurred In pumuing the remedies provided In this paragraph 21, Including, but not limited to, reasonable attorneys' fees and costs orlitle evidence. If Leader Invokes the power of cak, Lender shall Itive, written notice to Trustee of the q I occurrence of an event or default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to cubes persons as applicable law may require. Alter the time required by applicable law and after publication of the notice or sale, Trustee, without demand on Borrower, shall sell the Property ce al public auction to the highest bidder at the time and plum and under the terms designated in the notice of sate in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by applicable law by pub if c announcemenl at the time and place flied In the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth or the statements made therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all expenses or the sale, Inclading, but not fimited to, reasonable Tru suet's and attorneys' fees; (b) to all sums secured by this Security Instrument' and (c) any excess to the person or pemmns legally entitled to It or to the clerk of the superior court orthe county In which the sale took place. 22. Reeonveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to rcwn%-cy the Property and shall surrender this Security Instrumart and all notes evidencing debt secured by this Security Instumert to Trustee. Trustee shall rearnvey the Property without warranty to the person or posom legally entitled to it, Such person or persons shall pay any rccotdation costs. Lender may charge such person or persons a fcc for oeconveying the Property, but emly if the (cc is paid to a third parry (such as the Trustee) fut services rendered and the charging of the fee is permitted undctappl icaNc law. 23. Substitute Trustee. in accordance with applicable law, Lender may from time to time appoint a sucecw)t Itudec to any Truricc appoinlcd hereunder who has teased to act. Without conveyance of the Properly, the suceeswr tmmlee shall succeed to all the title, power and duties c, mft:ncd upon T rustec hetei n and by applicable law. 24.UeorProperty.ThePmpertyisnotusedprincipaffyforagricultundatfarmingpuif-Ar s. Initials. �6ui1WA1 14701t Page 7afa pv,n 7oia 9190 • a 25. Rider's to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of ewh such rider shall be incorporated into end shall amend and supplement the covenants and agreements of this Security Instrument as if the ridcr(s) were a hart of this Security Instrument. [Clerk applicable box(es)l -- j Adjustable Rate Rider r7 Condominium Rider 1-4 Family ruder Graduated Payment Rider Planned Unit Development RideBiweekly Payment Ri.ler Bail,x,n Rider Rate Improvement Rider Second Home Rider J VA Rider Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the tem s and covenants contained in this Security Instrument and in any riders) executed by Borrower and recorded with it. Witnesses: V GH � (Scald �} ��iCHARG GO LE -litxruwcr m � —(Seal) A RALEE GONGIf EY t3nrruwer -Brxrnwer -Bu mrwcr (Seal) (Seal) •Erorrower -%rrowcr (Seal) - (Scat) -Borrower -Ekmowcr STATE OF WASHINGTON countyol KING On this day personally appeared before me RICHARD GMLEY AND LMNLEE GGRGLEY i io me known to be the individual W described in and who cxacu►td the within and foregoing instrument, and acknowledged that signed same as free and vnituttary act and deed, for the uses and putpases in mentioned Gt V HN under my hutPd�obi� seal this 1• H day of t 999 4 - oSM" r: oLery Public W and for sue of let w S ss,gB My Appointment Expires on �� � • `� rJ r lice Aatttwat (470 t) Page 8 of a Form awa 9/90 - - ------ --� =-- --25 k i IN bans .I, EXHIBIT A LOT 4 OF CITY OF RENTON SHORT PLAT NO. SHPL-060-87, AS RECORDED UNDER RECORDING NO. 8805099006; AND THAT PORTION OF LOT 2 OF SAID SHORT PLAT; LYING SOUTHERLY 0 THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE NORTHEAST CORNEY OF SAID LOT 4; THENCE NORTH 84629'00" EAST ON THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 226.50 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2; SAID POINT BEING SOUTH 00035'32" EAST A DISTANCE OF 326.88 FEET FROM THE MOST NORTHEASTERLY CORNER OF SAID LOT 2, AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. (BEING KNOWN AS LOT B OF CITY OF R13NTON LOT LINE ADJUSTMENT NO. LUA 95-093 LLA UNDER RECORDING NO. 9511299005.) 0 25) 4 ' e� QE�4'E QY O� RSWot4�1NG �` R � ED elLMOR RECORD AT REQUBI Ot SH Pi.-060-V OFFICE Of TBE Vy CI RK VEMON MUNICIFAL BLDG. 200 MILL AVE. SO. DECLARATI-OU aE R>;iiTt M—W eoVEIVANfS "ENFON' WA 98055 - WHEREAS, G +A Q c.r=s g. PQ u 6 9t' _ N N C Are the owners of the following tcai property In the Cky of Renton, County=_tif Kiii, M State of Washington, described as Exhibit 'A' attached hereto, WHEREAS, the owner(s) of said dcsrdbcd property desire to impose the CM Mowing r,eaActive covenants mnn ttg with the land as to use, present and future, of cr, Othe shove described real property. NOW, THUMUORE, the af4=ld owner(s): hereby establish, gaunt and impose 0` restrictions and covenants running with the Land hereinabove described with respect to the use by the undersigned, their successors, heirs, and assigns as follows; IhSTAUAW OF OFFSCFE IMPRDVEMEMM' The ownct(s) of the above described property. their successors, heirs and assigns, hcrcby agree and covenant to participate In, sign a petdidst in support of, and accept any future Loeat improvement District (UD) or city inithted proposal, and pay their fair share therefore, for the purposes of providing the necessary off -site Improven=ts l+ Ured by the Renton Subdivision Ordinance. Said improvements shall include but may not be Limited to the Installation of curbs, gutters, sidewalks, street paving, santtaty sewers, storm sewers, tmdetgrotmding of utilities, and stteet lighting. These covenants arc Imposed in lieu of Section 9.1105(6) of Title IX of Ordinance #1628 of the City of Renton. 91,,o1e14 Itp967 1F3 RFCD F 8.00 RFCFI:F 2.00 CRSH51_ ***J0.00 511% '.¢ ��:�.`O��i ii1`'f� .ry'�ri ��_4"S n.,J ,ti�J: 7�', '• y;.rua 1 ... F-1 DMT1ON Thesc covenants shall fun with the land and expire on December 31. 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants per dltting to the specific installed improvements as required by the Otdlnances of the City of ti Renton shall terminate -without necessity of hoffiet documentation. Any vlolation or breach of these restrictive covenants nnay be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject progeny who are adversely affected by said breach. STATE OF WASHINGTON ) COUNTY OF TONG 7 On this r day of �W . 19 9 before me personally appeared t�l the person(s) who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said person(s) for the uses and purposes therein mentioned. IN WrrNBS WfiMOF, 1 have hereunto set my hand and affixed my official seal the day and year first above written. J Notary public In sn"oty f6d State of Washington, residing at �CVint - -L Exlllulle "A^ 'Phe fulluwinrl parcel is owmed by Charles A. R Winifted K. Pohl and is parl; [_f theOLICLARATION OF RESTRICT= COVENANTS to whiCh it is +;hart, Plat No. SI[I1L-060--0 hereby described in the tallnuing legal descripl.ion: LEGAL DESCRIPTION PARCEL A TRACT 243. EXCEPT THE WEST 155 FEET OF THE SOUTH 120 FEET OF C.D. HILLMArjrS LAKE WASHINGTON CARDEN OF EDEN DIVISION NO. 4. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 82, IN KING COUNTY, WASNItIGTCIN. A14D ALS1 EXCEPTING 1HAT POATI014 OF TRACT 293 OF C-D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE $2. IN KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS: dEGINU ING G14 THE EAST LINE OF SAID TRACT AT A POINT 234.00 FEET NORTH OF THE SOUTHEAST CORNER THEREOF: THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID TRACT A DISTANCE OF 4 Fr -ET, MORE OR LESS. TO THE CENTERLINE OF AN EXISTING DRAINAGE bITCHi �. THENCE NORTH ALONG A IANGE14T FORMING SAID CENTERLINE 197 FEET. MORE OR ILESS. TO A POINT Dr CARVE TO THE LEFTo THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID TRACT TO THE NORTH LINE T1tEREOi:, THENCE EAST ALONG SAID NORTH LINE 4 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID TRACT; THENCE SOUTH ALONG THE EAST LINE THEREOF TO THE POINT OF BEGINNING. !IPARCEL 8: i{1: NORTH 100 FEET OF THE SOUT11 234 FEET CIF TRACT 284 OF C. D HILLMAN'5 F 1-AKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PACE 02. IN KING COUNTY, WASHINGTON; EXCEPT THE EASTERLY 26 FEET THEREOF+ TOGETHER WITH AN EASEMENT FOR INORESS OR EGRESS OVER THE EAST 26 FEET OF THE SOUTH 234 FEET OF SAID TRACT 284; AND THE WEST 126 FEET OF TRACT 284 OF C.D. HILLMAN'S LAKE GARDEN OF EDEN DIVISION NO, 4, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS.' PAGE 02, IN KING COUNTY. WASHINGTON; EXCEPT THE SOUTH 234 FEET THEREOF[ TOGETHER WITH AN EASEMENT FOR RIGHT OF WAY PURPOSES OVER THAT PORTION OF T14E NORTH 15 FEET OF THE SOUTH 249 FEET OF SAID TRACT 284 LYING EAST CTF THE EAST LINE OF THE WEST 126 FEET OF SAID TRACT, AND OVER THE EAST 26 FEET OF THE SOUTH 234 FEET OF SAID TRACT[ AND THAT PORTION OF TRACT 293 OF G.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO, 4, ACCO1113ING TO THE PLAT THEREOF RECORDED IN VOLUME I1 OF PLATS, PACE 82, IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF SAID TRACT AT A POINT 234 00 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE WEST PARALLEL WITH THE SOUT14 LINE Or SAID TRACT A DISTANCE OF 4 FEET, MORE OR LESS, TO THE CENTERLINE OF AN EXISTING DRAINAGE DITCH: THENCE NORTH ALONG A TAf4GENT FORMING SAID CENTERLINE 197 FEET, MORE OR LESS, TO A POINT OF CURVE TO THE LEr•T[ THENCE NORTH PARALLEL WITH 111E EAST LINE OF SAID TRACT TO THE NORTH LINE THEREOF; THENCE EAST ALONG SAID NORTH LINE 4 FEET. MORE OR LESS, TO THE NORTHEAST CORNER OF SAID TRACT, THENCE SQUTH, ALONG THE EAST LINE THEREOF TO THE POINT OF BEGINNING. e 0I DESCRIPTION OF WORK ?OR OFF S179 STRUT IMPROVEMENTS Streit improvements louatiun: A. Approximately 5B8 feet on Jones Avenue NE if, Approximately 101 feet on NP 20th Street dock: Paving, Curbing, sideualk, and stnrm sewer with street drains as required by City of Renton. ` 12f04/2006 15:58 FAX 4252550285 TICOR TITLE [a 008/056 4 LN , 9F .i 193.33' %Q LQ7 326 op N. LW, 34 g, 183,33q m 22803 } 01�5 0 - E- LN. CF Oi �� E6, 633 SF ----------------- 5� WT2 ?3, 5F ° W — 9 SHPL/V cn a.fi6 > 0 x h a 23900 3F p 4~0 um 0 ., pip i 22900 SF m Lid o'' 2267J S 0�(I� O 22iRC 5 > � DAD 2i9ad 9F G I i 2-27 Ac 19, 93B 8F' ' R4025 sr- a 3 1.15 AC 5a110 9F U N N 3F 5 294 =�� �{ � � c}'' k 89-10-ia E o e8 PM POL i ey 26 ;12280 SF" 3w ite 93 JiMISAS13dd0 p 16940 SF 1.47 AG E 64, 09 F m 20TH Si -� - - - - - - - - -�---- - - —�- - - _NZ, - N n-20-12 E [BPI _ - - _tS- E `_ i-04TH 57 FEN SP 130-75 17388 s L�F 9s5 9 S 14 LOT I r'w rrrr+ r w,r■rgar�r 2Q5G8 3w O 20515 AV 0 2d916 3w -lb TV 938� 0'BD J 4 DE Vt:L ClTy OF E�0 �1�1ING c , EEca VCD W K ta in ti ix 3,42 N -69- N 69-35-51 E 41 252.88 (P.1 Ito W04j2006 15:59 FAX 4252550285 TICOR TITLE R 010/05B M w AFTER RECORDWO MAIL T0: MCHARD OORDLEY 2010 JGXES AVE NE P"TCN, Rik 9945E Filed For Rowr'd ad Raprtal of First Apnocavan Title ColVany EKmw pmdw: 32604931 _R V 8 F Deed [Anrilol' CM19my Grantorpl: JAN-Ngs HOMES INC- Y 0Granttx(a); Al CHARD PORDLEY, LAURALEE C=OI,eY L �8'- 2, AYbrevirtad tAO; WC 4, CITY OF RDFM SP EHPL 060 97 UNDER 9960 099006, Page 99050994(16 Lnr-luaive, recpr¢a of KING County, GA Addilionad 1eiidia) op pale: Aa1Nwr'a Tao Pasuel Nvm 1); 334390 3S63 04 THXGRAMOR,TAX-NP3 mOn69 INC., a 1d*3hingron CorpocatLon far and in PDuairk"ioa dt TEN DOLIARS AND OTHER GOOD AND VALUABLE CON31DEFATION inhvA paid, uoeveysarsl walrwU 10 RICHARD GORDLEY and IAUpAp— G6RGLEY, husband and al to tbt hill0wln; lbeatrrided teal state, alrttated 16 die Cowry OF 1tING , Srara of Waahirtoao: $U IMffiTT "A" ATTACHED HERETO AND by THIS REFERENCE H%DE A PART Rrimt. eoaJEer TO: SEC PIRI6IT "B" ATTACHED drEREro AND 9Y TRIN R2rBAENCE MADE A PART HEACOr. � naredUlldi7th dsyorr4areh By JAN-WES NOMLS By HI 3, YICE-�NT .. STATE OF WASHINGTON couw ` 0r AIHG ' SS~ 1 nersNy rhu I know Of have 011fMory evtdamar duo H*CHA6L LORM is the plSw _m a wpoild before nrer arsd "M PMM _ZbVWWW Shad he 11`ne0 NUMCI on 00 lsoU d O&L he is auCroNaed to gamicaYe Inat+vareer and aotmwledv u as VICE-PRL9IDtRr7 0( JAN-NEB INC. to be tha the and usury ut of wdd party Far re t. Doled: liareh 1999 Awary pmwk in IOd IN'be 3w Or N _ S C Rsaidiea ad VARKLAPD t My dp0piAMM1M sepias• 5120109 g {ts r 1r Ir r r4it.►�; � I lJ&10 12704/2006 15:59 FAX 4252550285 TICOR TITLE 16011/056 s 4 0 E=91T A LOT 4 OF CITY OF REN'T'ON SHORT FIAT NO. SNPL-060-07, AS RECOk"193 UNDER RZCORDINa NO. 99135099009; AND THAT PORTION OF LOT 2 oP SAID SHORT PLAT; LYING? SOUTHERLY O THU FOLLOWING DESCRIBED LINE! BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 41 TNRNCE NORTH 690Z9'00" EMT Ott THE @ASTERGY PROJECTION OF THR NOUTH LiNB OF SAID LOT 4 A DISTANCE OF 226-50 FEET TO A POINT ON TH2 RASTARLY BOUNDARY OF SAID L(>T 2; SAIO POINT 9GING SOUTH 00035132" EAST A DISTANCE OF Z26-AA FEET FROM THE MOST NORTHEASTERLY CORNER OF RAID LOT 2, AND THU TERMINUS OF THE HEREIN DESCRIBED LINE. (BRIM KNOWN AS LOT B OF CITY OF RWM LOT LINE ADJUSTMENT NO, LOA 95-093 LLA UNDER REM20ING NO_ 9511299005.) • r.�...:..�. 25 12I04/2006 16:00 FAX 4252550285 TICOR TITLE IR 012/056 91 EDMBff B BA$$MMff, INCLUPING TWMS AND PROVISIONS CONTAIN13D TH$xs10! RBCORQBD� >Ba« 21, 1958 RECORDING NO.: 4894439 AND 4984433 FOR: SZISTM DRArM09 DITM AFFECTS: ZASTULY PORTSON OF TRACT 293 OF C.D. DIV. NO. 4 T,YINQ MITHIN TaQT 2 -OF PROPHS'ff IA bRSCRImm - BASE"UT, INCLUDING TERMS AND PROVISIONS CONTAIM THEREIN: RRCORDRDt .M MM 29, 1491 RBCOADING NO-: 0106290604 IN FAVOR OF: CITY OF RIMYOR FOR, FE1!lLIC OTILITIBS MCLIIAM NATM AM 99m) AFFECTS: THE NORTH 15, r9wr Of TILCT 1793 W 'T" MH9T 13 PX92 OF TRACT 204 OF C.D. HILLUM, S lam KMN=GTCA1 BRAD OF ZP=, DIVIOTM NO. 4, LVEM WITHIN LOT 2 of viom AT= HRasin DRSCRIS m +�I AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETl431N: CEMBB A. PORL AWD MIIFIFM K. POAL AND: CITY Of LEWM RECORDED: My 91 198E RECORDING NO.: 6805090301 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN; CRAAIMS PL, PM AND WM PMM X . PORL AND; CITY or RENTOM RECORDED: JANUARY 14, 1991 RBCPRAING NQ.! 9101-140962 BASBMBNT, INCLUDING TER148 AND PROVISIONS CONTAINED THEREIN: A13CORDED SLY 20, 1065 RECORDING NO.: 3507291245 9 POR: INGRESS, EGRISS AND UTILITIES FOR THE PURPOSE$ OF VrILILING GRLWZM' S MATHR IIGB48 FROK All UNKAMM CEBU SHORT FLAT NO, SML-000.47 AFABCTS: A 10 MT DTRIP OF LOT 7 ADJACENT TO LOT 1 ClEy ELOPMENT CITY OF RPLANNING NOV 12007 RECEIVED r #P OMWON v OCT _�QAAATION t+v iiESTRIITIT'Sal-fta w�t� Errw�+� oErr. WOWS, A, pdk a M I N i I+HKu IL. rrn.�....__. we t4 obeys of the followlef real property in the City of 11metea, County of kiN, Stake of Vubl Stop, described as Exhibit 'A' attadied herate. NIMM, the omwer(s) of said described property desire to impose :Ite fellaHas restrictive Cov is ramming with the land as to use, present and Mum, of the above descrlbed. reol oraperty. NOW, Ti[REFpIIE, the aforesald owner(s) hereby establish, grant and impose restrictions and covenants rdmting with the land hereinabove described with rospact to the use by the undersigned, their Accessors, heirs, and assigns as followst • C3a hr � INSTALLATION OF OFF -!SITE IMPROVEMENTS - ti Tli owner(s) of the above described property, tfil!ir. successors, Heirs and assigns, hereby agree and covenlAt to= participate in, sign a petition in support of, and accept any future Local Improvement District (LID) or City initiated proposal, and pay their fair share therefore, for the purposes of providing .b the racessary off -site Improvements required by the Renton Sub- } division Ordinance. Said improvements shall include but aw4y not be limited to the installation of curbs, gutters, sidewalks, street paving, sanitary sewers, storm sewers, undergrouxding of utilities, and street lighting. pants are imposed In lieu of Section 9-1105(b) of Title IX of Ordinance 11628 of the City of Renton. DURATION These covenants shall run with the land and expire on December 31. 2025. If at any time laproveanents are Installed pursuant to time covenants, the portion of the covenants pertaining to the specific Installed improvements as required by the Crdinances of the City of Renton sha— terminate without necessity of furthsr eo ,orientation. Amur violation or breach of then* restricti._ cov"mts P y ., .aforc*4 by one" legal pocadrres to the Sup w1or Cowrt of Ring County by tither the Do of Keaton o' bay prapartl► owners adjoining subject property who are advemly affected Df said breach. LAI STATE OF W IRINVOR) } COUMTr OF KING j SS On this' "t h day of Oct nhe r . 19f, before me personally appearedCNARIX-S A. rouL A iilll� Mfl K. PURL 1 � r � .he person(s) who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons? for the uses and purposes therein ;mentioned. Ill WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year first above v:ritten. CITY OF RENTON F-0%1M V 'D OET 7 •M BUIL MG / ZONING DEFT. I 9.t.,4y,ubl)is in and for the State f Washington, resid''ng at ��� a a I )%M A: T ''.- rigAnrr ■ w«L A 01x n q ■ 1 mL: ■r PLAT Fli a *: :a±,.wr w«m,7 .¥Pr«Am ONAM11C ##,z40 =M &.t%,r � ■ � % - %--;-�_-----•y � k � , CITY of ■ENrON , Oct ;;60 BM1NG / mh!qG #p! \ , \ n § � � ' !» /�.. .� ._. � ���� � � � ■■_ ,| f |�7 x a'n . . ■ 13 ■ - f 0 DEVELOPMF-N PLP�IIdG CITY D� REZ4 on, NOV - 1 2aa7 '�YN f, ! �l WHEN RECORDED RETURN TO RECEIVED Oniu of the Cky Clerk Renton Municipal Building OCTq f1 Utilities P[o}eet Filo I — `jl� 200 Mill AVenue SOUO C 1 L 6 1995 ASEMENT Parcel Tax Account I', SC $ Rmon, WA 99055 ritanLortt) Nknle .La.t -%JgW�%HBi�_/ KING COUNTY RTSQ is s __fit 6a RECORDER THIS INSTRUMENT, made this 3 —day of 19 by and between J,4 M— A E3 uo.�re1, �++G. and • Idor Prw v iyw a..enn HI.eXII� and ; and ; ?ti and hereinafter called "Grantor(s)," and the CITY OF RENTON. a Municipal Corporation of King County, Washington, hereinafter called "Grantee." P P A!O That said Granlor(s), for and in consideration of the sum of $ j 6 ,le paid by Grantee, and other valuable consideration, receipt of which is hereby acknowledged, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee. Its successors and assigns, an easement for public G utilities (including water, wastewater, and surface water) with necessary appurtenances over, under, through, across and upon the following described property (the right-of-way) in King County, Washington, more particularly W described as follows: Slaw. A-i ACOE t:1 EXOMl`BIT- IA„ 1L1� i Together with a temporary construction easement described as; 5e,g1 ATT-ACf4IEr�> 1 XIHFIB IT it u s T P :'7 Said temporary consiruction casement shall remain in force during construction and until such time as the utilities and appurtenances Nive been accepted for the operation and maintenance by the Grantee but nut later than December 31, 1997. I TA i� IJOT AEaujRED a< Excise �L'L �R601 DOCUMENT PORN APPROVED BY thililici EilCnSenf I CRY ATionXEYSENr.3/.IW1 ShceLI or `"• efsmW s."tmYew�nRll.weaH.pOCA,I, hxoPE MGMT• a2-1-15 • lr f I. ` For the purpose of constructing, reconstructing, installing, repair(rtg, replacing, entarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage Imes, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. Following the initial construction of its facilities. Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the fGrantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the E easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain lrty buildings or structures within the casement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to he placed within the casement by the Grantee; or c. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein; or d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger tiro lateral support facilities; or c. Blast within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors =� in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. Signatures of Gra0bi and ; and and — — — -- — and -- — iNDIVIDUALFORM OF ACKNOWLEOOWNT STATE OF WASHINGTnN ) ) SS COUNTY OF KING ) I certify that i know or have satisfactory evidence that WAt-r signed this instrument and acknowledged it to be&herhheir free and voluntary act for the uses and purposes mentioned in the X instrument. 0 / O Dated / o / �{ / �' 5- Notary Mgic r and f r the State q4 of Washington residing at gffR-7. V4 Notary (print): My appointment expires: V* y 16 UJilhlcs Ea1en><nt Shco 2 of idtriJual 1"aJ7u c:f—.WW.,.v -V1MLWCO,4130c Si -10 0 El 1� ` Exhibit "A" Tan -Wes Homes, Inc. Property Utilities Easement LEGAL. DESCRIPTION. A utilities easement over a 15 foot wide strip of land being a portion of Lot 2 of Renton Short Plat #1SHPIr 060-81, as recorded under Recording 08805099006, Records or King County, Washington, and described as follows:• Beginning at the northwest corner of said Lot 2, said comer also being the northwest comer of Tract 293 or C.D. Hillman's Lake Washington Garden of Eden, Division No. 4, according to the plot thereof as recorded in Volume 1 I of plats, Page 82, Rccords of King County, Washington; Thence North 88 degrees 09' 49" l~sasl along the north line of said Lot 2, a distance of 381.17 feet, la a corner of said Lot 2; Thence South 00 degrees 35' 32" East along an easterly line of said Lot 2 and the southerly extension thereof, a distance of 455,53 feet, to a point on a southerly line of said Lot 2, said line also being the north line of the south 134 feet of Tract 284 of said C.D. Hillman's Lake Washington Garden of Eden, Division No. 4; Thcace South 88 degrees 16' 14" West along said line, a distance of 15.00 feet; Thence North 00 degrees 35' 32" West, a distaaee of 440.50 feel; Thence South 88 degrees 09' 49" West, a distance of 366.00 feet, more or less, to a point on the west line of said Traci 293; Thence northerly along said west line, a distance of 15.00 feet, to Cite point of beginning. TOGETHER WITH a temporary construction easement over a 30 foot strip of land being a portion of Lot 2 of Renton Short Plat f1SHPL-060.87, as recorded under Recording 08805099006, Records of King County, Washington, and described as follows; Beginning at the northwest corner of said Lot 2, said comer also being the northwest corner of Tract 293 of C.D. Hillman's Lake Washington Garden of Eden, Division No. 4, according to the plat thereof as recorded in Volume I l of Plats. Page. 82, Records of King County, Washington; Thence North 88 degrees OT 49" East along the north line of said Lot 2, a distance of 3BI.17 feet, to a �.{ comer of said Lot 2; Thence South 00 degrees 35' 32" East along an easterly line of said Lot 2 and the southerly extension thereof, a distance of 455.53 feet, to a point on a southerly line of said Lot 2, said line also being the nosh line of the south 134 feet of Tract 284 of said C.D. Hillman's Lake Washington Garden of Eden, Division No, 4; Thence South 88 degrees 16' 14" West along said line, a distance of 30.00 feet; Thence Nortlt 00 degrees 35' 32" West, a distance of 425.50 feet; Thence South 88 degrees 09' 49" West, a dislaacc of 351.00 feet, more or less, 11) a point on the west line of said Tract 293; Thence northerly along said west line, a distance of 30.00, to the point of beginning. All situate in the Southwest quarter of the Northeast quarter and the Northwest quarter of the Southeast quarter, all in Section 5, Township 23 North, Range 5 East, W.M., King County, Washington. r4hkswtdorJbli 46 - 12404/2006 18:11 FAX 4252550285 TICOR TITLE I 047/066 O lLdw .be 2k t a. k it fh DEVELOPMENT PLANNING CFFY OF RENTON NOV - 1 2007 RECEIVED ,to 0 4 12104/2008 16:11 FAX 4252550285 TICOR TITLE Ia048{056 M 4i 07 4 46 ' 12/04/2009 16i12 FAX 4252550285 TICOR TITLE 12049/056 APR- 6 IM raww Uago*= MMA,%Vg&W& MEASE OF XASMMM S=d WNSIOAM U&M Avw� M h swi& W&MW ft%w ru 4f Amw jes crry op wmmN, a mw&�w mrpwadm, is tineowDarnerwxy Tvm PREsEm dw th of lkw cmftd on ft face of Ramon Mimt Flat #SHPL4*M, dw)cd May 9.19M recardnd Wulff KM cm6mgqtWooft Number MM990W, mccc& of rM may, SUft of W=bin, am [W prupody 1ha pwi* 14 2 fit CIVOf Reb" ofV x #SHKW"7, as mow&d under KW OWMy Ruordh* fh 'T 45 8bping at the inoms 'M Ot wM the norft* ri&-af-wmy 4�*cw of Bald 1&t 2 awt, AAW Obi p*4 being ffie cantle rent cmaw of Tv M of CD, MV& of NE q0til"'P6 ahcs�t q ;d qq Hilt.-M LAdw Washin�.C=*'ft of i0aNaDM" No 4. w=dn t9 the p1plat&=of m =a-dW in .y W '1lycnae ww& or 35' 32" West gild *q-6fsaKjgx,j and =W west line of Tria 294. p ch distance of 150 feet! Mw= sau& sau is ir wea, a Theater ScuthpV 35'32'Has4 zdLo= cj--&1_60 ftk% So said njUXAy Oppetp!Way mares.OfNEnth Sheet; 1110we easterly ale Ow a c.1deumc at 30LO6 et, fo th4. poic of O*sob All aimiod ilk, wmtcr or secem 5, TOWMbip RSPYrI East; WAI, County,T� wssbiqi tam. -;:i ..& f 0 WMV�t does bmby wd relmw a j* •v -:the THE C#Y a ";-*pyA dwcDw cgt@czMOjjL s -R, w wimigv�• Mty"---hw eal-led djjz;ft to he Ox by fiC. cw asid Gty.Ckwk MiW day A Af- STA.M Op W�i11L�11JTM COUNTY OF KM I catTfy Out I imw or lam =&hctmy avidasw twM*w, am ft pm== who sppeamd before rue, and said pew= admDwbdrd dat'&q dOW e.ii UWAT*::cw --brq4ff �� that They pd'k-i flmkWYM-';�� MY 6�,e= CrrY wean ndwd=d ft emectft dw ks"Wamt =a adhm"Aws p OF RISNMN. to be the free and vQlmmtmy wt of wh putia DnUed:5 a&-sd /19 �Pobb= for "At= of My Mppahzmm expku N .tj 12/04/200B 16'12 FAX 4252550285 TICOR TITLE IA 050/056 .f 46 rag 7f _w its � � i 8 �� a '�<<�, '�.,,� ' �1� ����� ��,•,a! � 11 t31 ^L.r Ri19 all J+�, � ••.,�.-_.-:- � — — — �. .......'ter . r P�2 cr cn I _ „� '`tiii� y �'t.— T,i �— � �*� ;•�''' •s r � J 47 �. �j�j��.1.�'.?€ 4 Y # � • � 5:. 3 f jyp��'�. 'S ' -ate � }:::.:.- .. �� �� � � + ; i ,- 2A i F 1 tti13 ._� + L 4i't no`9a� �, _ •° Y r';„; •C^9 *,!3Nw q3c"► r •q," •'c aw •.ri•irz, r.• av,l�.00 ca = l� :.•�. ,`� *i_ _ -i ?ApMCA Oft" �a�pp f� C F ilGl l.a,-A V:01 •s1r1 h4u� wrs: :• 9 TICOR TITLE 12/1)4/2006 16'.12 FAX 4252550285 IM 051/056 Ch ■ ■ sg 8 i 12,04/2008 18:13 FAX 4252550285 TICOR TITLE 0 053/058 0 Nv 11 14 •y. F g R } 4 Zt F 14, i r (pff hrv�.� ��'' a `. aG 1 • �'1x g• .�Jsr• e x is DEVELOPMENT PN�1}ING C,TY OF RENTO,LA� NOV -- 12007 RECEIVED eo 5 12/04/2008 18:14 FAX 4262650285 R E TICOR TITLE Q 054/058 400 ALAMW rn 46. Ilk k-A I A dw 44riow - &.Czg lvlawm� all hk tap P alp V- 20ONG000OT7UMI AP'M R1 OROM MAM TOr Tyr J]Wo 8iti C. Baum 1074 Sautma 141b Street Bdtewe, WA 9t 0" Fiiad fae Record at Rcqu[af of ?Art Jan" Gow Burm Number: EA-09M-C E. P1t17 tl w M1 Stmtaatory warruty Mid STEWARTME Cgml*v). XAwa A Cora ;7—CVL � } L�faM*$); Tat�d siDatro an C. Dan[ i Tupa�iNos?7431D-3)6E.01 A6- IAVJ- FtiL Lot lK CV Ei MOR's LK WA G" 1C 914 NO.4, VOL,11, PC. 92 THE GRAWMA Loom A t.'.oro, as Yer waste am&& Ear am m aumiclwWon of TEN ooLLAM A14D 079M QQOR AM VALIJAM W MWMMAMN i 3 U" paid ooavap and w&ruu to Terry DWo and Md C• Dut n4 and w& the &Haft deaoribed teal oot� dtamed is dw C6mW of Kam. 9t do WC i ". V LOT Z84, C.O. HILLMAN'S LAKE WASHINOTON GARDEN OF E DO DMSION NO.4. ACCORDINa TO THE PLAT 1MUM RECORD® IN VOLUME 11 OF PLAT$, PAGEM 82, RECORDS OF KING COUNTY, WASHMTON, EXCEPT THE WVST 1226 FEET MEREOF LANE NORTH OF THE SOUTH 234 FEET THEREOF, "CEPT 111E SOtf H 234 FE F-T THEREOF LYING W IC f OF THE EAST 26 FEET THERFor SaWmt to: Speck) Bvmq inttd,Fatm pMpOM faaea and P.AWt -e aftWwd baooa lmd-mude apart OWME Dab:4 iJJ5id00S — .ri,_so LA Cam am, �pTARI Y Pugul" smko of _W'-to- ' . _ ) I car* *a I kn&w or bm odkbcmy rAOm ea, Clot LOOM A Om is aw pmun(s) wh6 e W16 and sWjm at i adaowJidW thm sh-A srad" io6lumoot and aknvml@Or it W W bm tics and wAmtarp apt Ear dw um rnd pRpom meWo od in Ilia i iavcrt. 1 km I N*WTPob]Jcdq_{ for the Safe of R=Aftuj;;l wvpgwmu Pop 102 05-16 950/990 0 311il 803I1 98099Z9z0 XVJ PL:9L 800Z/V0/ZL .r, S AL 2006 aMOMIUM2 w.d •%w EASEMENT ANU THE rCRMRMS ANO CONDITLONS THEREOF- PURPCSF- INGRESS AND ECRU$ AREA AFFRCTED: EAST 26 FEET OF THE SOUTH 234 FEET AND THE SOUTH 15 FBFt OF THAT POAMON LYING NORTH OF THE SOUTH 234 FEET [DISCLOSED BY: MTRUMENT RECORDED UNDER RE -CORDING f�D.1y805089006 FACILITY CR&IMS, IF ANY, INaU[)IMD BUT NOT LIMITED TO HOOKUP. OR CONNECTION CHARGES AND LATCCOMIEFR CHARGES FOR WATER OR SEWER FAMIT1ES OF CITY OF FONTON AS DISULOSFD BY INSTRUMENT RECOIED UNDER RECORDfNG NUMBER SZ3LiiD210TT. i'1 x �J Pep l e[Z va-lo 990/990 10 311I1 aooIl "zog!z9z0 xYJ 1'L:9I saaz/roizL � r + :!Oap 1 . &SUIT A. ji7AS ALCM pffQ . TY:�Y c� jo T'� ECEIV D IOrs LM � THE CAANTO", (,A.LgS A. P01ML and YIiIPRBD POHL, bir wife, and Mraed in Mmkie"we of OWE A?M NO/10(%�---------- WMAR�_, M.co ) --Vey !^a e~" - .. tn Rar74M 0. Maps .mod !rIRGTn! M. metre . ►, i • w r. the tdbwtgt dela bed "W GRale, dtealed 6► 15r Camel d King State Of Wuhirwtoc t WjM*hW MW ef.r MCqwjr0d t"IM That portion of tract 293 of C. D. Hillman's Lake Wash- ington Garden of Eden Division go. 4, according to plat thereof recorded in volum ll of Plats, page U. in King County, Washington, described as follovat Be inhAng-on the east line of said tract. at a point 2.00 feet north of the southeast corner thereof; thence vest parallel vith the south line of said trr.ct a distance of 4 feet, sloes or less, to the -center line of an existing drainage ditch; thence north along r tangent foming said center lice 197 feet,more or less, to a point of aurve to the left; thence north pa^allel with the east line of said tract to the north line thereof; thence east along said north line $ feet, More or less, to the nortbeant corner of said tract; thence south along the east line thereof to tb S;►L; of beginning -► To Dated tbi. STA1'E OF WAS"iCTON, 1 u. co,taty or King 1} %;t 1_ day of December, 1957 1� _ e � -- On tbb day pen-4 VP -red bdm meDbarles A. Pohl and Vini trad Pobl, his wire 'and to utt khMS to bt.tbe in4VOUll addvt'bed )c and who Qecnd uted the WiLwM aiar 'T. y,'~ �nowkW tbu they a1td the mw as their hme cad mcbmwr sect `�',t:. o UM and pmpom theme mtnfk tti 4' , MEN trocSee m7 band end osefa2,stea th& f :- d+ry ember. 1957 tf x.emJ NO* is st.d for w 3setrsI W �. r 1' .. - -. ..•..�,.`"!n�h.. � ��KJ t. � .,u� .'. 3a maw-.: � .1 dW WA 211* 1r KKK A. ti'f IS A1101T011 a �7 iq MNTY WM a ►Derr tea* ■ Qad# iksm Deed 17M GRANTORS 9MUO31 i, %rsm and Dalpkius Zo Lar's=# husband and rife, row wA is mwidrat ita at Ow and no/U* l�ly�frdoan�rs (il.OG) ----v Y'M ��+ :G w:+�vw�r' w• ZT-M3 5AT14 YAi401'1A =3, LIS W!Jt the fatknEoe dscsibed tat rtue, dtoeted A. tint C my of King Sate of Wasb"a- h-hMoAg aW after 601� t Ust That portion of tract 293 of C, D. iEillwan's Lake WashinEton Garden of Eden Division No. 4, according to plat thereof recorded in volume 11 of plats, page 82, in King County, Waahirgton, descrlbed as follows: Hegi:uting on the east line of said trarat a point 224.00 feet north of the southeast coiner thereof; thence vent parallel with the south line of said tract a distance of 11 feet, more or lerp, to the center line of an existing drainage dtichi thence north along a tangent forming said center line 197 feet, more or less, to a point of curve to the left; thence north parallel with the east line of said tract tc the north line thereof;, thence east along said north line 4 feet■ more or less, to the northeast corner of sald tract; thence south along the east litre thereof to the point of beginning. f ' >Jated this $1■t, day of January, 1956 r -�'a'"6� lsutl {star} STATE DF WASk;fNGTO N ss. County of Snohomish On thta day pu=nzgy opo+ed before me h rn-31 X. Lu-son and Delphise E. [arson, to me known to be de Iadiriduab dncribed m and who t to " the +rithtn end fa q ms tut;glIn tt, and " that th* the isms u thsir [teo :,d •vf mlar rx tray anti p+r�tuee t6t,tte F and &caul, for the ffist* der off-{ don , 958 -} Y. ^'h7 M` 4a► jke strty�nJ we�jton, l: Il CJD co z LU W H H cc O U H H LO co CV O LO LO C•F LO CV X LL O {2 "o. CD Cv Ln CV L0 nr L6 CD Co �U Jan 3.1-YC I.t� FiP1 43�3 Burnell k. laraon andDeLphine jS. Larsnr;, To RaYMa,,id C. Dykes hu and ►rf r and V11•1ginia Dykes, hr car and qo inatud an afzr� acgrd tj.tl; Tht ptn of tt 2 3 of C. Ll. Mjlmsnz Washingto;j CArden of Eden Dive q Vol iI take of Plata. PeL 82, KGW, dAr: ft Beg on the E 1n of ad tt st a Pt 234.0 K of tho:Z 0or thror; th W pll +pith the ; in or Id tt a that of 4 ft, '.r"I to theczen In of an x1stg +*r•a;nage ditch; h N alb a tangernt fklr• 197 f t, A/I to a ad oan 1� Pt or cury to the left; rh pi1 with tim E In or ad tt to the N th E alb, ad N in 4 rt m/1 to theNg aor or th S a16 the E in thlor ire throrN; d tt; to the 0b XCHOK �o . �i to br�ghtmenj Rf)berts & fialm po Boj. ]Menton Wn 1 I Y ~► -5 1 e 1SlSTlt1 /{ I +� 5 l It 1 r t 1-1� 1VS?@t0q%T. wide %%.* . dati un— IJ �.l ; by 8.4 aelween CMAXILA A. 1%)M. and V1N2rrtM K, F")Kt. .7 and- ; and ' '1 and hereinafter Called "Grantorlsi". and the CITY OF RENTON. a Runiclpal Corporation of King County. Washington. hereinafter called "Grantee". 1i1 THE S3ETN; that said Grantor(%). for and In consideration of the sun 0 $ 1.00 .. aid by Grantee. and other valuable consideration, do these presents■ grant. bargain, sell, Convey, and warrant unto the said Granter. Its successors and assigns, an easeftnt for Public utilities (including water and sewer) with necessary spptrrtenances over, t.krough, across and upon the following described property In King County. Washington, more particularly described as follows: �• The north 15, feet of Tract 293 and the crest 15 feet of Tract 284 of G.A. Hillman's Lake Washinitton Carden of Eden, Division No. 4. sccordinp to the plat thereof as recorded in Volume 11 of Plate, page 82. records of King County, WashinRton; EXCEPT thereof the south 134 feet of said west 15 feot'of said Tract 284. RECORV71 i i" ; ^ •, r u ofI FILED FOR RECORD AT REQUEST OF OFFICE OF TIE CITY CLERK RENTIN #111CIP1i I ft 201 MIiL AVE. SO. UNION. V1 11"s C` OFF�E 6NNiAj,3 A10 V " 12007 RECEIVED I %414 heretofore mentl3ncd gr.ntr! 'ts successoR or assigns, shall Rare the r14it, without prior r.otl%:e or prOceedi'ig at low. of such times as My to necessary to enter upon ;aid above destri,bed prvperty for the purpose of censtruet*rg, raintalning, repairing, altering or reconstructing said utility, or making any connections therewit*., without incurring any legal j obiigations or liability therefore, provided, that s"n constructian. main- taining. repairing. altering or 'reconstruction of such utility shall be accomplished in such a ruiner that the orivate imprt;Venents existing in the right right(s)-of-way shall not be dtsturtied or daimaged. or in the event they are disturbed or dauaged, i:*y will be replaced in as good a condition as they were Immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy the aforedescribed premises. Including the right to retain the right to use the surface of said right-of-way If such use does net interfere with installation and maintenance of the utility line. However. the grantor shall not erect buildings or structures over. under or across the right-of-way during the existence of such utility. This easement, shall be a covenant running with the land and shall be bind- ing on the Grantor. his successors, heirs and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. and and STATE OF WASHINGTON S$ COUNTY OF KING and and I. the undersigned, notary pub] c in and for the State of Washington. hereby certi fy that on this ,�ay of 19 �_ Persona] ly appeared before m! and and ins rr�/ i and and to me known to be indlylaual(s)described In and wM MUM the foregoing ns ru;ent. and acknowledged that signed and sealed the same as free and voluntary act and deedr e uses and purposes therein mentioned Notary Public in an or r to o Washington, residing at UE41-2a Branch :WAK,User 1116 i Order: 6415170 Title Officer: E Comment: Station Id :IXTQ t s M w q AFTER RECORDING MAIL TO: RICHARD GORDLEY � 2010 JGNES AVE NE V RENTON, MA 90056 S Filed for Record at Request of First American Title Company ...., Escrow Number: 32604RGI HratAmw4rw Ili& Statutory Warranty Deed ia" Cry C Grsntor(s): JAN-WE,S HOMES INC. IV 8 Granwe(s)_ RICHARD GORDLEY, LAURALEE GORDLEY L400338'- AbbreviwedLz&_- Lot 4, CITY OF RESTON SP SHPL 060 67 UNDER JB80 099OD6, Page 8005099006 inclusive, records of KING County, WA Additional lega](s) on page: Anemor's Tax Patrol nnL&MY 334390 3563 04 THE GRANTOR JAN-WEs HOMES INC., a Washington Corporation for and in oonsldcraaion or TEN DOLLARS AND OTHER GODO ANU VALUABLE COMSIDERATIOM in hand Paid. Conveys and warmat3 to RICHARD GORDLEY and LAURALEE GORDLEY, husband and wife the followiq described teal estate, situated in the County of KING State of Wad ingtow SEE EXHIBIT "A" ATTACHED HLRL7'G AND BY THIS REFERENCE MADE A PART HEREOF_ SUBJECT TO: SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Dated this 17th day of March 1 By 7AN-WES HOMES I 8 BY MIQP&L LORENZ, VICE-PRESIDENT STATE OF WASHINGTON sk Countyof KING } I eenify that 1 know or have satisfactory evidence that NrCHAEL LORENB 41 13 the person _ww appeared before roe, and said person wbwwledgad Ow he signed tiruuurnt, on oath ddo he is authorized to execute the inslrumenl and acknowledge n as th —ataCE-PRESIDENT e to be the free and _vyluwwy ad of such putt' Dated: March j( . 1999 "�„ Q „I ONDA L. GAFPNEY Public io and far the Sulu of Rcwdiogal trIRRLAND My appok"" expires: 5 2O 99 trimly 4037. 4900.40 Al KING,WA Pagel of3 Printed on 6/27/2008 10:56.40 AM Document: DED WAR 1999.03192830 Branch :WAK,User: HIGG Order: 6415170 Title Officer, E Comment: motion is :1Ai � EXHIBIT A LOT 4 OF CITY OF RENTON SNORT PLAT N0, SHPL-060-87, AS RECORDED UNDER RECORDING NO. 19805099006; AND THAT PORTION OF LOT 2 OF SAID SNORT PLAT; LYING SOUTHERLY O THE FOLLOWING DESCRIBED LINE: BEGINVING AT THE NORTHS4.ST CORNER OF SAID LOT 4; THENCE NORTH 89"29'00" EAST ON THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 22650 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2; SAID POINT BEING SOUTH 00035'32" EAST A DISTANCE OF 326.88 FEET FROM THE MOST NORTHEASTERLY CORNER OF SAID LOT 2, AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. (BEING KNOWN AS LOT B OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA 95-093 LLA UNDER RECORDING NO. 9511299005.) I 25 K1NG,WA Page 2 of 3 Printed on 6/27/2008 10:56:41 AM Document: DED WAR 1999.03192830 Branch :WAK,User :HIGG Order: 6415170 Title Officer: E Comment: r Station la :1JL i EXHIBIT B EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MARCH 21, 1930 RECORDING NO.: 4884436 AND 4884419 FOR: RXISTM DRAINAGE DITCH AFFECTS: EASTERLY PORTION OF TRACT 293 OF C,D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIV. 90. 4 LYING WITHIN LOT 2 OF PROPERTY HEREIN DESCRIBED - EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JUNE 29, 1981 RECORDING NO.: 8106290604 IN FAVOR OF: CITY OF RRNTCN FOR: PUBLIC UTILITIES (INCLUDING WATER AND SEMI AFFECTS: TER NORTH 15, FEET OF TRACT 291 5ND THE 0 WEST 15 FEET OF TRACT 284 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN, DIVISION HO. 4, LYING WITHIN LOT 2 OF PROPERTY HEREIN DISCRIEED AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: CHARLES A. POHL AND WINIFRED 1. POHL AND: CITY OF RENTON RECORDED: MAY 9, 1989 RECORDING NO_: 8805090391 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: CHARLES A. POHL AND WINIIRED K. POHL AND: CITY OF RENTON RECORDED: 'JANUARY 14, 1991 RECORDING NO_: 9101140962 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN. RECORDED: JULY 28, 1995 RECORDING NO.: 9507291245 5 FOR: INGRESS, EORISS AND UTILITIES FOR THE PURPOSES OF UTILIZING GRAMM'S WATER RIGHTS FROM AN UNNAMM CREEK SHORT PLAT NO. SHPL-060-87 AFFECTS: A 10 FOOT STRIP OF LOT 2 ADJACENT TO LOT 1 KING,WA Page 3 of 3 f Printed on 6/27/2008 10:56:42 AM Document: DED WAR 1999.03192830 Branch :WAK,User :HIGG Order: 6415170 Title Officer: E Comment: Ntation to :I A 1 � ■ V ReturnTo: 8 SOIH{CE ONE MORTGAGE SERVICES CORPORATION 27555 FARRINGTON RO STE 300 FARRIOGTH HLS, N1 40334-3357 y FINAL OUCUNENFS //]� F� (7/� A. scmlt s Parcel or Account Number: 93 `39 V — 3563 y (d ,`` AT,hrcYiatod Legal f3Gsoriptirnt: L � i CA. � SuPL duo 87 kit, 88050��1GOi� llneiude ka, hlwk red Plot ar sectkm, wo nAlp-A i wl Full legal dcsrriplion located mtpage 70204121-3 ------ ftp A6ore This lAme For Recording iYatal -- DEED OF TRUST �4IR M � .� THIS DEED OF TRUST('SecutitylnstunaW)ismadcon NAPO 17FN_ 1995 The grMoT is RitWAO Gl1BN,EY AND LAWAtEE G"LE7 ('$om1wcr).Thc1nb1cci3 GEORGE C. REINNILLER TRUSTEE. INC 521 SM CLAY SI STE 200. PORTLAND. OR 97291-507 ( TnzAcc').77tchcrteficiatyis SOURCE ONE NORTGAGE SERVICES CORPORATiON which L,nrgWzcduJc:ListingwAuthelawsd DELAMARE .KA h.; addrrssis 27555 FARMINGTON NO STE 300 FARNIMGIN HLS, HI 48331-3357 C lAnda')• Borrower awes Lender the priwdpd sum of TOP HUNDRED FORTY IHOUSANO Aw MOIIDO Dollars (U.S. S 240,09D. DO ). This" is evidenced by titartower's note dOW the Sant 1VASHINl3TW15�e FrnWY• RAAa/Fta1Y1[: [1MFOi1M IMiry111AElYf 02092 �eHlw+419741! �nn�ws sJ90�� AK3A6 Page 1 Inilxa� vltp lfi I1111'011111,I0111111 IL{ORpRTasaE FORMS � ie00F721.7291 KING,WA Page 1 of 9 Printed on 6/27/2008 10:56:43 AM Document: TDD 1999.03192831 V ReturnTo: 8 SOIH{CE ONE MORTGAGE SERVICES CORPORATION 27555 FARRINGTON RO STE 300 FARRIOGTH HLS, N1 40334-3357 y FINAL OUCUNENFS //]� F� (7/� A. scmlt s Parcel or Account Number: 93 `39 V — 3563 y (d ,`` AT,hrcYiatod Legal f3Gsoriptirnt: L � i CA. � SuPL duo 87 kit, 88050��1GOi� llneiude ka, hlwk red Plot ar sectkm, wo nAlp-A i wl Full legal dcsrriplion located mtpage 70204121-3 ------ ftp A6ore This lAme For Recording iYatal -- DEED OF TRUST �4IR M � .� THIS DEED OF TRUST('SecutitylnstunaW)ismadcon NAPO 17FN_ 1995 The grMoT is RitWAO Gl1BN,EY AND LAWAtEE G"LE7 ('$om1wcr).Thc1nb1cci3 GEORGE C. REINNILLER TRUSTEE. INC 521 SM CLAY SI STE 200. PORTLAND. OR 97291-507 ( TnzAcc').77tchcrteficiatyis SOURCE ONE NORTGAGE SERVICES CORPORATiON which L,nrgWzcduJc:ListingwAuthelawsd DELAMARE .KA h.; addrrssis 27555 FARMINGTON NO STE 300 FARNIMGIN HLS, HI 48331-3357 C lAnda')• Borrower awes Lender the priwdpd sum of TOP HUNDRED FORTY IHOUSANO Aw MOIIDO Dollars (U.S. S 240,09D. DO ). This" is evidenced by titartower's note dOW the Sant 1VASHINl3TW15�e FrnWY• RAAa/Fta1Y1[: [1MFOi1M IMiry111AElYf 02092 �eHlw+419741! �nn�ws sJ90�� AK3A6 Page 1 Inilxa� vltp lfi I1111'011111,I0111111 IL{ORpRTasaE FORMS � ie00F721.7291 KING,WA Page 1 of 9 Printed on 6/27/2008 10:56:43 AM Document: TDD 1999.03192831 Branch :WAK,USCT:HIGG Order: 6415170 Title Officer: E Comment Station ld ax l Q ill dnic as this Sanrity Irstnuneta ('Nutt'), which provides far nuvMy paytncrlts, with the fall debt, if FNAtaidrarliet,ducandpayuhlcon APRIL IST. 2029 . This SecutityImArumont ,v.cuncs so Lxrda7 (a) the repaymtne of the debt evidenced by the Note, with inung, wd all renewals, eeteMtom and mcdirrcanans of the Note, (h) the paymalt of all ether sums, with truest, advmxd under paragraph 7 to protect the smunty of this Security Innstmment; and (c) the paforma= of &wmwrr's awcnatus and agreements under this Security Instrumew and the Norc- For this putpcsc, Hwowcr irnNorably grants and canmys ter TruMee, in trust, with power of sale, the fulfowing docrihodpropettyloealedin KING Crwnty, Washinglrm: SEE AITATCHEO tEGAt AESCRIPTION i+l which has the address of2010 .CONES AVE HE. RENTON Isvrv.Uty1. Washington 9BO55-2650 rap c akl ('Pnlpctty Addrns'): TOGETHER WITH all the itnprovements now o< herealcr owed on the y, and all casements, end fxturm now ur ixreaftcr a parr of the property. All menu and addiriorss Dvered by this Security Instrument. All of tlrc foregoing is itrod to in this Saturny Itssurnnent as the "Proparty.' BO ZROWER COVENANTS that $omower is lawfully seised of the carat, haekT conveyLd mod has the right to Sgraynr!! and convey the Property and that the Property is tutatacrtbeted, except rot nc cumhtances oCrecord. Borrower warrants and will defend ggrxrcrally the tide to the Pruperty against allclainusanddemands sub'eettoanyawumbrmwesofrecom THIS sFcuFtrrY ETRUMENT combines uniform covaurlts for notional use and non-unif4m covegnants ppwiittphec limited varialirxts by jurisdiction to constitute a utilom security ins ancni NIIFORMCOVM NK BorrowaandLendercnvc-unlsndagroeasfollows_ 1. Payssen! of Principal and fateteai; Prcpaymeai epd 1 a1r Charles. Bor. aUl p►r tn1�]Y IeY when dun the pnrrct o[ and inte[ent an the debt evidenced by die Notc and any ptcpa arwN f ale charges duo utrdtx the Mule_ f Funds Lot Tana sad [motaxs Subject to appNinb]c law ar to a wriHcn �rei+et by f.andcr, &xenwer shall pay to Lvrrdcr un the day monl)ily Pa eels are due under the Ntye, nail the Note is paid in full, a srm ("Fraala"} fur_ a) ly !axes atads whitfi may attain priority Ever this Security Ins[runnettt as a liar nh Prapmy; (b) yearly leatehald p.ymcts or rrnrs an the Property, if any. (c) Yrarlyy hamtd ar prupaty rrtaaance p�smnwas; (tE) YcetY Hood inauatke ppremium!, tf n1y: le) YearEy ttwlrtgage rranNartee pnernittma, of A"; and ([) W7 — Nays by &arowcr to l.cridcr, in acconiarice with the of paragraph g, in ]icu of The payment of rnmgagc insotanxe premiums. These ittm are called -Es mw Items.- f e Aa ft ar erry lime "gloet and Bald Funds in an amount not tocxA the rnaaimom , - --.I a Ienderrot a fidatafly mlaEuj nlungago load may 'q�are foe Borwwa'a escrow amount utrda the federal Real Pilate Sademct,t Prixxdures Act of 1973 as wnuided from titre to lime, 12 U.S.C. Scaim 2601 at aa¢ ('MPA"), unless anolW law that aMica to the Fundssets a lesser amount. INN Lander mugs at my time, collect and hold Funds in an mummt not to cacmd the lamer waourd. Larder may eatmule ac =vww of Freak due on the bansof curry t data and reBNJrtabNe estimates of expenditures of firnrrc Fsaow Item of otherwise in aocadence with applicable law. The rRatds shall be hdd in an institution whose deposits ere irtstrrod by a fedad inatrumanality, or entity (incJuding !.ender, if Lcndef is such an institution) or ur eoy frodelel e r �aintw,sl 197011 Paaa 2 a4 r ., aaas 2M i KTNG,WA Page 2 of 9 Printed on 6/27/2008 10:56:44 AM Document: TDD 1999.03192831 Branch :WAK,User :HI66 vraer: o4l�i lv t 1ue vtttcer: G I.u,uutcuL. Lain Hanle Lender shall .ppIy the Funds to pay the Escrow Items. lender may not dirge Borrower fi- Irdding rd applying the Ftutds, annually analyzing the awsow scwe.H, a verifying the Fscmw Hernia, unless Irnder pays Borrowcr inlercal on the Rinds atvi app;itabie law permits Lender to make such a charge- However, tin mar require Rorronwer to pay a one-time clurgc for an real came tax tgKwtin service tad by Lender in connection with tins 3uan urileas appl�le�Iawt provitksotherwize- Unless an agrwncu is inside at applicable law mom iracmd to be ppsudidd Lander shell not he requited to pay Borrower any rnlercat a mmnga on the Fords Borrower end L order may aptoe in wntirtg, however, that iruetrsY sluil he don the Rands lrandrx shill ve to Borrower, wttlxrvt rktarge, an anmwl rcwunting of the PtaKls, showing crolits and dehila to the f'urrJs and the purpose fn which cacti debit to the Funds was made. The Rtntdr arc pledged m additirxril security for ail sumssowacd by this Securittyy Insuvntent. �L�=:da Lcmkt ,halcable lawIfthcros whenducmay so ratify Borrower in writing,and, in such case Barmwa shall pay to Lasater the ..-m t neassery to trukc up the deficient 8ormwa shall make up the deficiency m no more then twelvemoig dy paymarts al Lerida's solediscreliare Upon payment in full of all sums scca ed by thin Security bcsuursnnt, Leander shaft pMM ly n:fund to Bomowcr any Funds held by lender. If, under paragraph 21, Lender shall rc or se1T the Pn party, Lrsndrr, ptia to the acquisition at sale oflhe Fropary, shalt apply any Ponds by Iaxndcr ai the timeof acquesition or sale as a credit against the arum s=red by sthhti�s Security lratrumehi. 3.App licstionof manta. Unless;pplicabEclawptnvid6uttrerwiseall pmrn reccivodhy Larder Linder paraghgrls�and 2 shall be rip 3p fed: first, to any p"paymentcharges�due ern ict the Now; scannd, tonmauntsppaayable cazderparagraph 2; third, la itKeract clue; fiurth, to pvncipsl due; and last, many lateehargesduetardet the Notc. 4. Charges; Lima, Borrower shall per alb tax �s dcheaarr �eas tune.% rid i tinrtI attributable to the Property which may Rawn priorityover this Socutityltrtnurwcnl, and hold Will payments of gteund rents, if any. Borrower shall pay dame obligations in the manner provider? in paragraph 2, of if not bard in that manner, lkwower shill pay tiKm on tithe directly to site person owed �j payment. BMOwer shale) pmmpdy furnish to Lander all aaeiecs of smotmis to be paid under fis paragaph. If Borrower makes dw® payments directly, Borrower shall pranpdy furnish to Lender dj rocappiiaaewndancin thepayruutts. Hrxnower 21 promptly discharge any lien which has pn�rily Dues this Security Imtrument {� +tnlea Harrower: (a) sgroes in wasting w the paymcxt of dK obligation xwrod by Ax lien in a manner �y acceptable to L ender, (b! canlcsLs in good fazth dre hrn by. or de&trdsrt� atfarcernent td the I irn in, legal proceedings which in the L.ender's opinion operate to pm= the en M'.M. N of the lien; Of (c) secures from the holder of the lien an agroeroant satisfactory In Larder spb xd4*ing the lien to this Sewrity Wrumurt. if Lender d ot- mines "srry part of the Property is wbject to a fiat which may attain priority over this Security Itewumrra.I under may give Borrower a notice identifying the lief. Borrower shall satisfy Ilia Jinn or take am cc more of the actions set forth above within la days of the givinggofnotim S. Hatatd or Propvty Inauranim Borrower dull keep the 'unprow now existing or hctc4er on die Property immed iio mt low by Jim, hvmda inchrdad within the rpm "cxtundod coverage" oral any other Wards, including floods or floodin=, for which Leader requirm irmrance. This itiumence shall be taaintained in the amounts and for the penes that fender requires. The i3wAronee carrier providing the irewraw shill he chasm by Burorer subject to Lcrnder's a W which shall nd be wawonaNy withheld If Borrows fails In n ointam coverage described alx*vc, Leader may, al Lender oplirm, obtain covrmge to protect L KW's rights in else property in xmcrrlat� with 7. AEI itertr>tnee ip� and renewals shall be aooepAft to Leader and dull irse}ude a asendanl �'f ortgLerdn requites, rxrpm y nthecvrnt buss, I gisure- if nil made prompllY by lorrowu. Unlras L ceder and 9ortuwa otiswwiae agree in writing. itmsuutec �[teda shall be implied to restrtatian tx eepair of the k'topetlyy damaged. If tb- trslctanan tx ne�air a rxupr�ledfY feas"b1e and I order's aceurityy is ttrx Irssated. If the restoralian a repair is not ocornomiwdly Taal or Leader's sccutily would be Iraerted the i[>SUsanrs premeds tdudE be appiicd rat the ar�,saecrucd by this CL4W*nq f47S1} PMc 3 of d rmw spa Sloe 25 K1NG,WA Page 3 of 9 �* Primed on 6/27/2008 10.56:45 AM Document: TDD 1999.03192831 Branch :WAK,User :HiGG Order.' b41:)1 Iu Llue virtcer: r. k--Vtlttlnclla No err 77 Saurity IratnuneM, whdhcr or not than date with any cxcrss paid ta Bottowu. u Borrowrx abmakm tlnc P,aputy, or does not answer within 3D drys a naticac from Fender that the ireatearlee curie has offucd ro sGllc ■claim liven La1da tray wlleri lyric inwtwrm pmm Larder nay use rinc pm>nuetIS la rcpenir or tt5toee the pproroppeerxtty err to pay sums searrod by This ,SeeUrity Itlstrumcnt, wlectlncr rm not then due. Tate 30day penal will begin whm literlotiee is gi,rut. Unlean L only and BorR,wer dFterwiae agree in writing. try a�pppl1xytion aipwooaL+ to principal shall end external rx postpone llle due date of the monthly payments erfcrtod ta m pstagrapha I and 2 or change the amnlmd c/f the paymmis ff wider prrag 2h lbe P y u acgrasead by Lender, 13orrowa's right bony insutanx policiesand gocee� t�e+kling frame tithe property prior to tits acquisition to l ender to the extent of the sums secured by this Seecttity'nstnunent immed"cly prior m thcaoyuisition. 6. actupamcy, Preserwatloa, Maintenance omd Protectlon of U n Property; Borrurwer's Loan Applkaliont L.etaslterlds. Borrower shall orzupy, esublW and use the property as Borruwa s pmncrpal m3kktnerwithin sixty days triter the execution of this Security lisuumwA and shall continue to occupy the Pmpcny as notrvww's principal resider= for at last one pew after the date of , unless Lender c.therwise agrees rn wtititn, which carlseht alail not be ummehly wi Id w unless extenuating circ ur►stme= exist which me beyond Borwwct's control. Bonowa Sul not destroy, damage or impair, dra Property, allow the property to delaiorre, orcommlt waste on N the Property. Burrower shall he in default if any forfeiture action or pnoae3ng, whcdxt civil or M crimmnaaii th is begun at in Landct's good faith kdgmenfart could result in cikw of the Property or otherwise materially Impur the liar caned by thin Sal utity itartnunatt or Leader's sceunty Interest. !ai l3<0owu may cue: such a default and rriratate, as ppttvvvidod in ggrraaph ] 8, by musing the action or O proceeding to he dismissed with a ruling that, in Lender's good fai�deecrminau p�xludm fwfcitun Cf of the 13orrower's inteest in the Property or other material impairmcxtt of the lien ..m ty this a± Security Instillment or I.ctedcr's security entrust. Borrower"I also be irlddmdl if Borrower,dunng the lean appikatim pwccss, gave martially false of inoccurate infomwianw slatcmuarts to Lender for failed to provide Larder with any material information? in connection with the ken ev diziierd by the Note, includnngg.butnot limitcdto,espre tior►scortaaningBomy*w's oftheproWrtyms a principal residmot. If thin Security Instntmant is on a hsvcWd, 8onowu=comply with A dw ptoVisiousof the lease. IFkiorrowct acquires fee titleto the Property, the Izschold and thefee tillcshall not m ecrg �Lof;: to . �tt erger m writing, 7. Pmtee ltnder s is the V.Mty. if Bormwee fads to Pf.. the rnvcnarttrc atul agn=nwMs contairut in this Security bWrument there is a legal proceeding dwt may significantly affect Len er'srightsintheProperty(suchasaproceedinginbankrluptcy.probatr.forcondenmatinnor fnticiturcor to enforce laws or regulations), than Lender may do and pay for wbareva is necessary to protect the vah= of the Property ref Lerida 's rights in Ilne Property- L,eodet's actions may include paying any swassecured by a lien which has priority over this $ecu ity bwnlmere, appearing in wutt, paying rcroeeble stuawp' foes and entering on the Property to rake repairs although lxndcr tmy take action under this �grap�+ 7, Lector does not have iodo so, Any amounts dashutAd by Lander under this peragtaph 7 shall become additional debt of Borrowct secured by this Security iraitumet t Unless Borrower and [tinder to other terms of payment, their amounts elr:l beat watrest from the date of disbwsemuft at the I:ote rate and "I be payable, with intetest,upon notice From Calder No Bvftvwet. ri questing InYMCRL 8. M Ltwraaitim If Linder rcyuircd ms,nanae as a amd'ttlan of nkW* g the Wan r the m secured bi��in 1 hi runic t Domrw reraortai ro�ottgaygti ponce m aittow� po m by Larder iaspp��aa a r� b be in effect, Borrower *11a11 pay rpremiuma milto id to ahuin c�or`aw substamiatly equivalent to the mortgage insurance previously in effect, al a cost subalerHially cquivaltm to the Witt to Borrowa of the raorlgare irnatatnce previously in effect, from an alternate to c irmma approved by Lender. If s AmtarAiaHy equivalent mortgage rtl otdncc covaage is tot avar�, Borrower shall pay to Lender *wb month at emu equal taomotwellth of dw yearly morlgar itimmu or premium being paid by Borrower when the inanriaacc eovaage hpmmd or ceased to be in effect Larder will accept, useand retain these poyine etas a losereat wve in linndmodaw ittsnranee. Lass reserve paysrta nay no longs be rcegtured, at the option of Inds, if nortgagc i,Isnren:c arvtxage {in Iho anowtt and for d. po W that Luder totptito) provided by as ifra. approved by la�alc Ck-&twNom 1) IYretora Fslwaars afro KING,WA Page 4 of 9' Printed on 6/27/2008 10:56:46 AM Document: TDD 1999-03192831 Branch :WAK,User :H1GG Order: 6415170 Title Officer: E Comment: Station Id :IXTQ a Pis�E� s available and is•obtained, Borrower shall pay the pmmitins required nt ranuxin effod'or to provide a Iessmacrve,unthl therequirement formorigrrlance with any wrincn apectric" between Burrower and Lenderor applicalh� !. Inspection. halal or its agent may make reasonabla males upnn and inspbdias of Ibc Propertyy- Lender Anil give Burrower notice at the time of or prior to an kgmciion specifying rctcstaublc cium ferrite M Condemnatioepnxuxdn of any award or claim for damages, director consequouial, in connection with any eondannalioe or aduer takinngg of rnr put of the Property. or for cmh vcyancc in lieuofeandeauWtan.erehereby asni anda1hallbe;stetWheader. In the event of a total taking, pf the sty, the pr000eds shall be applied to the sums sr<vtcd by this Socuri ty Instrument, whether of not then due, with any excess paid to Borrower. In the event of a partial taking of the Properly in which the fait market value of the Property immedwtely before the taking is equal to or gremer than the amorant of the sums secured by this Security Inatrttment immediately before the taking. unless Borrower and Leader otherwise agree in writir�& the sums secured by this Security ltrdnrment dull be reduced by the amount of the pftwoeds multiplied by the r(AlEmin$ fraction: (a) the tolel amount of the sums seamed immediately bdr»e the taking, divided by (h) the fair market value of the Property immediatey before the taking. Any baiance shall be paid m Borrower, in the event of a partial taking of the Property in which the fair market value of the Property immediately before the tale is less than the amotmi of the sums secured immediately h6um the taking, unless Bonnwer atdLcrJa otherwise agree in writit% or unless i4oicablo law otherwise pnyvkks, the pmcac& shall be applied to the sumssectint ured by this Security Insuum nt whdha or tfe smsuare spun due. If the Property is abandoned by Borrower, or if, after notice by Leader to Burrower that the 94 condemnor offers to make an award or settle a claim for damages, Borrower fails to to Lemict within 30 days after the date the notice is given Lender is aathntinod to collect and aWy the proceeds, at its option, tither to m9cration or repair W the Property of to the suias secured by this Security InsUummi, whether arnuttlhen duc. Unless Lender and Bnriowcr otherwise agree in writing, any apppplicat'an of proceeds to principal titian not extend to postpone the due dale tit the monthly poyi nests is wed m in pusgraphs l and 1 nr ehan etheamountofsmh ymauts. 11. Borrower Not Rzk*eadt Forbearance By Leader Not a Waiver. Extension of the time far payment or modification of ainodiration of the sums secured by this Security itWnunerrt granted by Lendet In env sucotasor in interest of Borrower shall net operate to tease the liability of the original Bornwvcr or Borrower's sxxxemm in imemst- IA2ukt shall not be required to commerha pwizednngs against any successor in interest or refuse to extend iintc for pa first of otherwisc modify amortisation or the sums secured by this Security Irmtrument by tndon of any den ud made by the on final Borrower er llorrowet's s ccem rs in interest- Any Forbearance by Linder in exercising any ri it nr remedy shall not boa waiver of or preclude the exerorse of" tight or remedy. 12. Sucaason and A&&M Bound; Joint and Sevend Llabtlity; CDApem The eavermts and agreements of this Security Instrument shall bend and benefit the s ors and assigns of Lender anal Bhumwer,subieet to theptavisioin of pamgtajph 17. Borrower's covenants and agreemcnis shall be jdht and scvtral. aunty Burrower who ca-sighs this Security Instrument but does no execute the Note: (a) L%co-signing this Security IrntruarcM only to Mortgage. grant and convey that Honowa's inrcnst in the Property haakr nix reran of 1lua Sacu2y" ted M pay the mp suxud byy this 5ccunty Instrument; agroa Ural Ierud�.Y and myy other Boert nerd,fy,of;ltumorrowa`a mrrsatl. ;3. Loan Chuyea if' c loatr savrcd ��,,yy This Sa uaity Itcstna>s«tt is subject to a law which sits maximum !Dart stet dhd law is Bna!}y interprdou so trot the interest err ether loan da■rges cnllatod or to hea led in coruxetion with the loth rscad the prmhiued limits. turn: (a) any such Iran charge Mall be rudueed by fire arnaeK ruoeessaty b ru> the oluugc to the puxmitkd limit; and (b) any sums already whetted from Borrower whichh exceeded ;ermined limits will be 1danded to Borrower, ! erecter may ctr�aae to make clue nrhand by rniueing the ptmdpat owed wuda the Note or by making a diced payment to BoRowrr. If a refurdluu�rrra ptvaeipeJ, tltc [eolucllotn will be treated as a partial prepayment wiaKvw any ptepaymm charge r idertheNate. ' [aiuish 48�aHIWAI tt»oli pap 5de Fahnhah}ea Saes rr 29 KING,WA Page 5 of 9 Printed on 6127/2008 10.56:47 AM Document: TDD 1999.03192831 Branch :WAK,User :HIGG Order: 6415170 Title Officer: E Comment: as 5tatlon Id A f Q on 14. NaLkeL Any notice hr Borrower provided for in this Security InAtnmpti shall be given by ddivering it or by mailing it by first cuss triad urilm applicable law rt exg�Mires use of another meUVA. The notice' _sYh�ayll be directed to the Property Addtm or any other ack3C�S Borrower dcsignales by nonce to Under. Any notice to Under shall be give: by first class mail to Lciala's adtin-c stated herein or any other address Under designates by notice to Borrower. Any notice provided for in this Security Instrument shill be carrel to have been given to Borrower of f.dder when given as provided in this Paragraph. 15. Govemtstte Law; St cwuli ldty. This Seetuily Irrsintmeni shall be goverriod by federal law and the law 4ilia iurisdiclian in which the Properly is located. In Use event that any provtsson rx c!ausc of this Sccutity hstroment or the Note corfligs with applicable law, such conflict shell not affect other provisions of this Security Instrument of the Note which can be given effect without the conflicting prevision. To this cod tic provisions of Ibis Security Instrument and the Note are declared to be severable_ 146 Borrower's Copy, rinmwer shall be given one conformed copy of the Note and of Ibis Sccuritp Insttum tit. 17. Transfer of fhe Property or a Bmdiclal Inleneat In Borr-wtr. If all of any part of the property or any interest in it is sold or trarderred or if a beneficial interest in Borrower is sold or ai trarisfencd and Borrow= is not a natural presort) without Lender's prior written consent, Lcrhl :r may, P* at its option, require immediate payment in ftdl of dl surns secured by this Soanity Gtytrnrnent. however, this option shall not be exercised by Lcrider if exercise is prohibited by faksal saw ate of the a date of this security Instrument. Qj If termer amteims this option, Lender shall give Borrower notice of areektalion. The notice shall �j p vide a period oft" leas than 30 days from the due the notice is delivered or mailed within which Bo rawer must pay all sums secured by this Security Instrument- If Borrower fails to pay these sum% pponre to the expiration of this petted, Lender may Invoice any remedies permitted by ibis Security liurrttencnt without furthetnotice w4emand on Borrowet. IA. Borrower's RI& to ReleAste. If Borrower meets certain conditions, Boroacr shall have the right to b■ve enforroment of this Security Instrument discomirm:dat any timeprior to thcearlicr of: (a) 5 days (or such other penal as applicable law may rift' for rciftweman) before eerie of the Property p irstmi to hy power of wesale contained in this Security burr tnaR; or (b) entry of a judgment enforcing diix Security instrument_ Thoseeondition s am that Borrower. (a) pays Lander all sums which then would be due urdcr this Security Iramiment and the Note as if rio acceleration had occurred, (h) cures any default of eery other oovaiarts or agreerttemts; (c) pa all expenses incurred in rnforu'ng this Security histrannan. including, big not limited to, ressot�sattarneys' foes; and (d) Lilies such action as Lctkdet may reasonably require to assure that the lies of this Suvtily Instrument. Lender's rights in the Proper(. and Borrower's obligation to pay the sums secured by this Security lQran hastrumtyft shall axiumtc rmtreuertateroent by Borrower, this Security Instrument am ns the obligatiosectuod bandsy I iomwn Fully effective as if no acceleration had occurred. however, ibis siggh! toreinstate shelf not epppfy in the meof aoeckmtion under paragraph 17_ 19. Sale of Note; Change of asn Strv;mr. The Note or a partial interest in the Note (together with this Security Instrument) may be sold am or ore times wi ii tia prior notice to Borrower. A sale may result in a change in Uic sn entity amown sis the 'Lam Sexvia3') that collects monthly paymrnLs due wider the Nate and this Security hatrumax. There also maybe asc ar more cbmgcs of Use Loan Setvie= umeWW to a sale of lire Nate. If there is ■ cistigc of the l.aen Seivicu. Borrower will be givcn vrri tun notke of the in sixordanee with 14 above and applicable law. The notice will state thg nine arid� of the Frew LarOI=ct and the address to which pay cm shard be neck. The mite will also contain ary other indorm tion required by applicable law. _ st A or a lr dwr S stsiztm Stihswer "I W cause err of into the or permit the prenDix. use, err do nor allow co else !o do, aaning affecting the Plrrperty that is iPnrowrddian d any EmiteYwierNar law, E-1 ngteaes andl y of small 4f lla7�Suhstrrice to normal s said wer shad}pgivelawsuit ion by airy gVrelrimhgflal of legsdatory agency or pnvale party irrvdritfg Ufa prs�petiy and arty Llaiardotis Sttheiarice err frrrvirwfFncrital Law of whirls Borrower tau actual iUrowledge If pnrrower fears. ot is ratified by silly gmemmaieaf or regadakxy atul,oeity, tint my tanord of other IftiouU: �alltrrat (9 mt} raee6are Fa 30as 9J90 K1NG,WA Page 6 of 9 Printed on 6/27/2008 10:56.48 AM Document: TDD 1999.03192831 Branch :WAK,User :HIGG Order: 6415170 Title Utticer: h c:ommenu ocattvti to .,�, "� reotediation of any Hazardous Suhstw cm aiiotdn4 the P►opmy L%ncooLwy. Harrower shall promptly Iakcall neomsary remedial acti,wts in accordance with Pmirornnentsl law. As macd in this �wsgraph 20, 'Hazardous Subowbom are dicroe substenas dervied as toxic or hazardous substance by Environmental Law and the follows 3- i Wices gaeDline, kerosene, other loan bie or toxic petroleum products, toxic pesticides and fterbieides, voiatlle solvents. matcrials oinLaining asbestos or formaldehyde, and radioactive materials. As uacd in this paragraph 20. 'Ettvironnmertsl LAWmeans federal laws and lawsof the jarisdietion when: the I' mpdiy is totaled that relate to htttlth, safUy or envirorunentd NON -UNIFORM COVENANTS.Buircim-rand Lendcrfurther covenant and agreeasfollnws: 21. Acceleration; Remedies. Larder shall give Notice to Borrower prior to acceletWion following Bprtower•s breach of any saveaant or a�eemeat In this S«artty btmtrumeul (but not prior to aeeekration under peek 17 unkam a plkNble law punvides otlaerwlme) The notice shall �peeilj: (e) the ddault�;91b) the action required to esNre the defwN (c) a dale, not less than ]0 drys taou riot date lht aotke is girth to Borrowert 6y wkkh the default must be cased; and (dj at fella rc fa creme the defanU Da or laeforc the epic apedfkd iw the notice may roseate la aoorkratton of the atNtNs secured by thL SeamritFF Inatrumcni sad male of the Properly pt public auclbn at a dale rat leas than 12Y days k the ihrW re. The notice mhmdl Mrlher Inform Rarmowee of the right to rdnmtate alter amcleratioN, a rlglrt to brio= a court suction to assert the aanexhlcnce of a default or any other dtdense of Borrower to aooeieratloa and sale, and any other matters rcq.1tsed to be Included In The notice by applicable law. if the default Is not cured on or before lbe date speeded in the Notice, Leader, at its optko6 may require llmmm� Ie paymment In full ofpaaljll sums secured by this Security Indrisciurred in puunrad without further pplicable providedsInn this pInvoke aragrapha*. I.Amder *hill bt h 21 b� Mng all bu not�ited to, reasonable agtorneymer of ask and any other remidics pw=kW by the' remedies h1 oostsoftilleevidence. If Leader Involve the mower of tale, [,ender shall tdve written notice to Truatet of the occurrence of an event of default end of Leaders election to cause the Property to be sold. Trustee and Lender shall take such action regamd lag notice of ask wad sha11 on web notices ,M. to Borrower and to other per*Dm as applicable kw mangy requlew After the Lime required by applicable law and Niger publkatlon of the notke of sale, Trustee, without demand on Borrower, shall sell the Property at bile auction to the blgisest bidder at the Ume sad plum and under the terms demlprattd In the ooliee of role IN one or mart s and in any order Truster determines. Trualee may postpone sale of the or Crfoa period or periods permitted by applicable law by public announcement at the time and pieceilaed In the notice ofsale.LeaderorIts designee softy purchsaethePrepert atNuysale.Trustee r _ cmemanl or shall wwmaly, eg ssrd or Ix mplied. The ir edeed ndtals is Ike Tru tlhei'adeed ahalll be plrimi facie evidence of the Snub of the statements made lberele. Trustee &all apply the proceeds of the sale to the following order. (a) to all upeamea of the wale. hot Not limited to, reasonable Trotutee's mad Attorneys' fees; (b) to all sun tac+ered byy" emrity Instrument; and (c) any excess to the or petjoss Ily entitled to It or to the Berk of the superior court of the somrty lnwii = as le Wookfpl ace. Lendet shall request Trustee to ey'ther ti aperty � shall wm.de, Wl S.tyyyiretnrmrau�arid not. cvrdetrcIng debt secured by this Security Insfrttmert m Trt4Stee, Tn>,s1ee aluiE taDaMe7 the Property without warrrauy to the person of peesens legally entitled to it. Such petsut er pvstmu>et shall pay any n audationmsts i tndermayehargesuchpermnrxpersnm►sef«for;W1 ymgilnePropesty.bwonly d the fa is paid to a third p.rty (seteh as the tnul«) foe aerwces dtMeefrathe fee is ttedundoaicablelaw.5ubatituTrusteaccordance with aonlicamay frto timeapponta successor uuq« In any Tnr!ec appointed hpcautder s �d b ad. Without umvr the Pngettr, the suetestart meal« s1w11 d la IFte title pewit and duties ccmfcrred upon 7 nlstct fi n and byappiicab c law- 24. UseofProperty. The Property ism used pmrcipatlyfotagricuituralorrenting qutpnscc. jM4I4[WAY (97DII t'ape7afs Ferm3044 9/96 2� KiNG,WA Page 7 of 9 Printed on 6/27/2008 10:56:49 AM Document: TDD 1999.03192831 Branch :WAK,User :HIGG Order: 6415170 -Title Officer: h Comment: Otatruat LLI M M • 25. Riders to this SKurky Instmumnt. If one or rwm riders are executed by Burmwer and —tded together with this Security Irorurnent, the coverwhts and agteements of eacb such rider shall he incorpcwated into and "I amend ,cod sarpplemert the covenants and agreemcm of this Soutnty lushumatt as if"tkk*) were a part of this Security Instrument. [Cbcck applic" box(es)l Adjustable Rate Rider Condmninnium Rider 1.4 Fiv ily Rider Graduated Payment Rider Piatmhcd Unit Development Ri BiweeMy Payment Ri.kr H[Wkx, n Rider Rate Improvement Rider Bested Home Bider VA Ridct M othe►W [W-iryl BY SIGNING BELDW, Borrower accepts and agrees to the terms and ea>reranLs contained in this Socurity Irstr ument aW in any rider(s) cxeeutod by Borrower and r000rded wi$a it �VilMsie�: (Scat) 1CIORp Ga LE -E)Ln c? /. RALEE GORG EY-�xrower {St;al} Brnrovcr (Seal) .8Qrnrwcr (Scat) {Sea{) Bonower-Hunnwcr (Scat) (Seal) &+rfower-Bnrtu�cr STATE OF WASHBQGTON countyof RING On this day personally appeared before me RIDUAD 4MLE7 MM LAn ALEE OMIT tomeknown tolie the individual 0 described in and who cxemdcd the wide and foregoing itnti ment,andacionmrkdgodthat signed same as f" and Muntary aM and deed, fa the LOW and phut n ❑IVON urrdermyhgtMtjii�ok(liit�seolthis N dayei ��999 Ato f paAk to red to k93M of t&dk at i ' 'rr . MywppoinunentExpirrsonS1Q rr4 a 11 ut4H'.WAr {4'ratt paaeaves Eo,.,3oaa *no KING,WA Page 8 of 9 Printed on 6/27/2008 10:56:50 AM Document: TDD 1999.03192831 Branch :WAK,User :HIGG Order: 6415170 Title officer: E Comment: 0LQiivLi aai .-+� � • IN from EXR[BIT A IAT 4 OF CITY OF RENTON SHORT PLAT NO. SHPL-060-87, AS RECORDED UNDER RECORDING NO. 8805099006; AND THAT PORTION OF LOT 2 OF SAID SHORT PLAT; LYING SOUTHERLY 0 THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNEE: OF SAID LOT 4; THENCE NORTH 89129100" EAST ON THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 226.50 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2; SAID POINT BEING SOUTH 00*351324 EAST A DISTANCE OF 326.88'FE9P FROM THE MOST NORTHEASTERLY CORNER OF SAID LOT 2, AND THE TERMINUS OF THE; HEREIN DBSCPIBBD LING. (BRING KNOWN AS LOT B OF CITY OF RENTON LOT LIMB ADJCSTMEtrr NO, LUA 95-093 LLA UNDER RECORDING NO- 9511.299005.) N M A D u - 3i- Page 9 of 9 KING,WA Document: TDD 1999.03192831 25 7 Printed an 6/27/2008 10:56:51 AM Branch :WAK,User :HIGG Order: 0415 I M l itle urrlcer: t t,omment: JL L1Vrl JU ,AIX a l( ■rr oil 111-1 31034E9 FbnOi N ar1It tl SATVZGr PORTFO FQT lI.[N . nA WHEN RECORDED MAIL TO: WASHINGTON Ha)vinti Portfolio Scn7ws.l,f.0 COUNTY OF KING 1631 S. Harbor Blvd„ Sitec 2iaLOAN NO !: 102041213 t LOAN NO 1 0204121 Po BOX Zgl)79 SamaAna. CA 9Z7(144,951 INVESTOR: vrer•Ymit, kd,Xltarha Pool, NO 01941 Assignment of Deed of Trust FOR V4LUE RF.CE:IVED. the imdasigLIC6 W BeItCF,Cbr) 1 -ASSIGNOR'). hcrebr bran[k comas. assign and lransfus 10 FLEET MORTGAGE CORP. 4333 MAIN STREET, SUITE 700, COLUMBIA, SC 29211 CA-wpicc):dlbcncrreiaiinterestuMcrlhatcerlameDocdofTntsldMod 3117M C.scnlicdhi RICHARD GORDLEY AND LAURA M GORDLEY T"or.10 GEORGE C. REINWtLER TRUSTEE, INC. inMLr. artd raordcd asinstmilmil ruunber 9903192331 on 3119199 in Book PayT . of (Wiicol Remrda in the office orihe ('wilt? Recorder of KING ;Vashingm. as cicscritied ro said Orcd of Tnn, Topilicr isuh 01C note Or nolu= tlicre,) daenbcd or icferrrd to, i1x room% ditc and to bixonic dtrc thereon is tits inlacsi. and all rights accrued or tv nocnie wider vied Deed of -Tnt.V Maned 412199 WHITE MOUNTAIN SERVICES CORPORATION F-WASDL.2CEONE --- MORTGA ;E SERVICES CORPORATION 27555FARMINGTON ROAD. FARMINGT HI 40334 f Bs _ T_ S. LADPJ WEPRESID ASSISTA ENT S'FATEOF CAI,IFORNIA 1 1 SS ('Ot'NTYOF ORANGE I 012199 bcfnrcinc, CIARAMELKONIAN persmiN+appinmil S. LADBNSKI, ASSISTAW VICE PRESIDENT, PCrsnitidk Fnowi to rile tot prmkd Io me oil tlk twists of mlislficror) midm:cl ID be ibe perw"51 whose nan,Qsl ts'are sabscribcd In the nniirn ittslnmient and 3ckiim+lodged 10 rile that keistr-llrq moua d the sink in Ins: her?their ainhorved Crpxn}Srcal.:n+d it i b} hm' hct their sigrulurersl on the irp merit the pemnisi m the cntil1pot, bcloForxliich the person($) acted esmrlod tIK n+slinLownt WITNESS nil handannd,ofrtculscal A ` ` k-:x- a t",}'j,\V N, w_ GLARA ME NOTARYPL'BI.1C CLARAMELKONIAN COMR-1142M W �t. ,.•.,.:»un�v,.� erxar (J rgTW+'7lRtG($p01rm � t0 awtpE00uttrT w - iLlp T7 Em ri0.-+! 7" loves KING,WA Page 1 of i Printed on 6/27/2008 10:56:52 AM Document: TDD ASN 1999.0922001469 Branch :WAK,User JUGG Order: 6415170 Title Officer: E Comment: ZStatton io :lA 1 F 20070403001900.001 Filed for Record at Request of. Bishop, White & Marshall, P.S. 720 Oliv Wa S 't 1301 e y, Ule VTTI�i: -TTV I+1ATlOi�iAa. 'V 1:19 V Seattle, WA 98101 U "10 13 3 3 Document Title: Appointment of Successor Trustee Reference No.: 9903192831 Grantor: Washington Mutual Bank in successor in interest by merger with Washington Mutual Horne Loans, successor in interest by merger with Fleet Mortgage Corporation Grantee: Bishop, White & Marshall, P.S. Abbreviated Legal: L. 4 City of Renton SP SHPL 060 87 Rec 8805099006 Tax Parcel No.: 334390=3563-04 Gardley, Richard and Lauralecf1239.070412.1 APPOINTMENT OF SUCCESSOR TRUSTEE KNOW ALL MEN BY THESE PRESENTS: Richard Gordley and Lauralee Gordley are the grantor(s) and George C. Reinmiller Trustee, Inc. is the trustee, and Source One Mortgage Services Corporation is the beneficiary under that certain deed of Trust dated March 17, 1999, and recorded on March 19, 1999, under Auditor's File No- 9903192831, records of King County, Washington. The undersigned Washington Mutual Bank in successor in interest by merger with Washington Mutual Home Loans, successor in interest by merger with Fleet Mortgage Corporation hereby appoints Bishop, White &- Marshall, P.S., whose address is 720 Olive Way, Suite 1301, Seattle, Appointment of Successor Trustee - 1 FC- W A-Appt5 uce-rrus tee 1 ben KING,WA Page 1 of 2 Printed on 6/27/2008 10:56:53 AM Document: TDD APP 2007.0403001900 Branch :WAK,User -.HIGG Order: 6415170 Title Officer: E Comment: W aranon iu :i,,. jL y 20070403001900.002 WA 98 10 1, as successor trustee under said deed of trust, sllre to have all the powers of said original trustee, effective forthwith. IN WITNESS WHEREOF, the undersigned benefi6ary has hereunto set his/her hand; if the undersigned is a corporation, it has caused its corporate name to be signed and affixed hereunto by its duly authorized officers. DATED: k x rli 13 2-Da? WASHINGTON MUTUAL BANK 1N SUCCESSOR IN INTEREST BY MERGER WITH WASHINGTON MUTUAL HOME LOANS, SUCCESSOR IN INTEREST BY MERGER WITH FLEET MORTGAGE CORPORATION By: .�N1P STATE OF K4) j } ss: COUNTY OF I certify that I know or have satisfactory evidence that AAA4-k-, (4. CAA -A kf�, is the person who appeared before me, and said person acknowledged that he/she signed the instrument and acknowledged it as the ) of Washington Mutual Bank in successor in interest by merger with Washington Muua Home Loans, successor in by merger witb. Fleet Corporation , to he the a and volun act of such for a es Y and purposes mentioned 'n the urstru=n DATED - LDO My 4pptxxi=s: JAMES C. MORRIS NOTARY PUBLIC - wr—SOTA MY COM)ASSION EXPjRITS JAN. 31, 2 0 0 9 Appoinuncnt of Successor Trustee - 2 FC-WA-AppcSuccTrusceel bm KING,WA Page 2 of 2 Printed on 6/27/2008 10:56.53 AM Document: TDD APP 2007.0403001900 Branch :WAK,User :H1GG Order: 6415170 Title Officer: E Comment: Simon to :tA n y 20040903002262.001 Return Address KING COUNTY CREDIT UNION 801 2ND AVENUE, SUITE 100 SEAT TLE, WASHINGTON 98104 [Space Above this Line for Recording Data] C—V ..$ &% _ 4 Order Na 8839584� DEED OF TRUST Gran tor(s)iborrower(s) I Richard Gordley 2 Lauralee Gordley 3 4 Grantee/aysagneefbeneficiary KING COUNTY CREDIT UNION, Beneficiary CHICAGO TITLE INSURANCE COMPANY, Trustee LegalDescription LOT 4 AND A PORTION OF LOT 2, SHORT PLAT NUMBER SHPL-060-87, RECORDING NUMBER 8805099006. Additional legal description i5 on 8 Assessor's Tax Parcel 1D# 334390-3563-04 THIS DEED OF TRUST is made this 30th day of August, 2004, among the Grantor, Rr(!hard Gordley and Lauralee Gordley husband and wife (herein "Borrowcr'), CHICAGO TITLE INSURANCE COMPANY (herein "Trustee"), and the Beneficiary KING COUNTY CREDIT UNION, a corporation organized and existing under the laws of the State of WASHINGTON, whose address is 801 2ND AVENUE, SUITE 100, SEATTLE, WASHINGTON 98104 {hereto "Lender' BORROWER, to consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in bust, with power of sale, the following described property located nn the County of ling, State of WASH INGTON FULL LEGAL DESCRIPTION 1S LOCATED ON PAGE 8 OF THIS DOCUMENT W4SiilNGTON - SECOND MORTGAGE - 1l80-FNMAIFHLMC t1NIFORN[ INSTRUMEW Form 3R48 (page 1 of 8) wa2ndtd KING,WA Page 1 of 9 Printed on 6/27/2008 10:56.54 AM Document: TDD 2004.0903002252 Branch :WAK,User :HIGG Order: 6415170 Title Utticer: h Comment: 'iauuit LU .L.-_,.e 20040903002252.002 which has the address of 2010 Jones Ave. NE Menton [Street] [City] WASHINGTON 99056 (herein "Property Address"), [State] [Zap Code] TOGETHER with all the improvements now or hercatter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust, and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property", TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated August 30, 2004 and extensions and renewals thereof (herein "Note"), in the principal sum of u S $ 30,000 00, with interest thereon, providing for monthly installments of principal and interest, with the balance of the mdebtedriess, if not sooner paid, due and payable on August 30, 2014, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust, and the performance of the covenants and agreements of Borrower herein contained Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record Borrower covenants that Borrower warrants and will defend generally the title to the Property against al I claims and demands, bublect to encumbrances of record UNIFORM COVENANTS Borrower and Lender covenant and agree as follows I. Payment of Principal and Interest Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note 2- Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note [s paid in hill, a sum ( herein "Funds') equal to one -twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus one -twelfth of yearly premium installments for hazard insurance, plus one -twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimated thereof Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender If Borrower pay; Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or ;tate agency (including Lender if Lender is such an institution) Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents Lender may not charge for so holding and applying the Funds, analyzing said account or ventying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law peiuuts Lender to make such a charge Borrower and Lender may agree m writing at the tune of execution of this Deed of Trust that interest on the Funds shalt be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or CaM Mgg on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made The Funds are pledged as additional security for the sums secured by this Deed of Trust If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance prerruums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installment; of Funds if the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require Faris 3848 (page Zot 8pagesl KING,WA Page 2 of 9 printed on 6/27/2008 10:56:55 AM Document: TDD 2004.0903002252 Branch :WAK,User :H1GG Order: 6415170 1ltle UIllcer: t: t.Ammcrii. 20040903002252.003 Upon payment m full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender if under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust 3. Appheation of Payments Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs l and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note 4 Prior Mortgages and Deeds of Trust; Charges, Liens. Borrower %hall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a hen which has priority over this Deed of Trust, including Borrower's covenants to snake payments when due Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and tniposittons attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any S. Hazard Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tern "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Leader may require The insurance tamer providing the insurance shall be chosen by Borrower subject to approval by Lender, provided, that such approval shall not be unreasonably withheld All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and ui a form acceptable to Lender Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust In the event of loss, Borrower shall give prompt notice to the insurance carver and Lender Lender may make proof of loss tf not made promptly by Borrower If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is marled by Lender to Borrower that the insurance tamer offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust 6 Preservation and Maintenance of Property; Leaseholds; Condominiums, Planned Unit Developments Borrower shall keep the Property in good repatr and shall not .commit waste or pertmt impairment or deterioration of the Property and shall comply with the provisions of arty lease if this Deed of Trust is on a leasehold If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the coadomtmum or planned unit development, the by-law-. and regulations of the condominium or planned unit development, and constituent documents 7. Protection of Leader's Security If Borrower fails to perform the covenants and agreements contained in this Deed of I rust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Bormwer, may make such appearances, disburse such sitmv, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's tterest If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such ttme as the requirerrient for such insurance terminates m accordance with Borrower's and Lender's written agreement or applicable law Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Deed of Trust Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof Nothing contained in this paragraph 7 shall require Lender to inc:w any expense or take any action hereunder 8. Inspection Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property Form 3348 (page 3 of 8 pages} KING,WA Page 3 of 9 Printed on 6/27/2008 10.56:56 AM Document: TDD 2004.0903002252 Branch :WAK,User :HIGG Order: 6415170 '11tie Uthcer: t c;omtneni: 20040903002252.004 9. Condemnation The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Reed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the Lability of the original Borrower and Borrower's successors in interest Lender shall not be required to commence proceedings agaimt such successor or refuse to extend time for payment or otherwise modify amortization of the Burrs secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law shall not be a waiver of or preclude the exercise of any such right or remedy 11 Successors and Assigns Bound; Joint and Several Liability, Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof All covenants and agreements of Borrower Shall be joint and several Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) 15 co-bngntng this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terns of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that bender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or rnodifymg this Deed of Trust as to that Borrower's interest in the Property 12 Notice. Except for any notice required under applicable taw to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by matting such notice by certified marl addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided hereon, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein 13 Governing Law, Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located The foregoing sentence shall not lunit the applicability of Federal law to this Deed of Trust In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to tlus end the provisions of this Deed of Trust and the Note are declared to be severable AS used herein, "costs", "expenses" and "attorneys' fees' include all sums to the extent not prohibited by applicable law or limited herein 14 Borrower's Copy Borrower shall be fumnshed a conformed copy of the Note and of this Deed of Trost at the time of execution or after recordation hereof 15. Rehabikitation Loan Agreement Borrower shall fulfill all of Borrower's obligations under any horse rehabihtahon, improvement, repair or other loan agreement which Borrower enters into with Lender Lender, at Lender's option, rnay require Borrower to execute and deliver to Lender, m a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor; materials or services in connection with improvements made to the Property 16. Transfer of the Property or a Beneficial; Interest nr Borrower. If all or any part of the Property or any mterest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred wO Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all bums Secured by this Deed of Trust However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of Trust If Lender exercises this option, Lender shalt give Borrower notice of acceleration The notice shall provide a period of riot less (ban 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust If Borrower fails to pay these sums prior to the expiration of Form 384s (page 4 o1 a page) KING,WA Page 4 of 9 Printed on 6/27/2008 10:56:57 AM Document: TDD 2004,0903002252 Branch :WAK,User :HIGG Order: 6415170 Title Officer: E Comment: !"tattnn to :tA i tZ 20040903002252.005 this period, Lender may invoke any remedies permitted by thib Deed of Trust without further notice or demand on Borrower NON -UNIFORM COVFNANTS Borrower and Lender further covenant and agree as follows 17. Acceleration; Remedies_ Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property at public auction at a date not Less than 120 days in the future The notice shall further inform Borrower of (i) the rigbt to reinstate after acceleration, (a) the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure, and (iu) any other matters required to be included in such notice by applicable law. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not lumted to, reasonable attorneys' fees. If leader invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lauder shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require After the lapse of such time as may be required by apphcable law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. 'Trustee may postpone sale of the Property for a period or periods not exceeding a total of 30 days by public announcement at the time and place fixed in the notice of sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein Trustee shall apply the proceeds of the sale in the following order. (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto, or to the Clerk of the Superior Court of the County in which the sale took place 18 Borrower's Right to Reinstate. ]notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the tenth day before bale of the Property pursuant to the power of sale contained in this Deed of Trust or (a) entry of judgement enforcing this Deed of Trust if (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred, (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust, (c) Borrower pays all reasonable expenses mcurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees, and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, L.erider'b interest in the Property and Borrower's obligation to pay the stuns secured by this Deed of Trust shall continue unimpaired Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to Form 3838 (page 5 of 8 page ) KING,WA Page 5 of 9 Printed on 6/27/2008 10:56:58 AM Document: TDD 2004,0903002252 Branch :WAK,User :HIGG Order: 6415170 Title Officer: E Comment: Station to :iAi y 20040903002252.006 acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on recerm's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust Lender and the receiver shall be liable to account only for those rents actually received 20. Reconveyance Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencmg indebtedness secured by this Deed of Trutt to Trustee Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto Such person or persons shall pay all costs of recordation, if any 21 Substitute Trustee. In accordance with applicable law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act Without conveyance of the Property, the successor trustee shall succeed to all the title, power and dunes conferred upon the Trustee herein and by applicable law 22. Use of Property. The Property is not used principally for agricultural or farming purposes 23. "Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable] [ j Adjustable Rate Rider [ 1 Balloon Rider [ ] VA Rider [ ] Condominium Rider [ ) Second Home Rider [ ] Planned Unit Development Rider [ 1 1-4 Family Rider [ Biweekly Payment Rider [ j Other(s) {specify] Form 3848 (page 6 of B pages} K1h1G,WA Page 6 of 9 Printed on 6/27/2008 10:56:59 AM Document: TDD 2004.0903002252 Branch :WAK,User JUGG Order: 6415170 Title Officer: E Comment: station is :AA,i 20040903002252.007 LEGAL DESCRIMON LOT 4 OF CITY OF RENTON SHORT PLAT NUMBER SHPL-060-87, RECORDED UNDER RECORDING NUMBER 6805099006, AND THAT PORTION OF LOT 2 OF SAID SHORT PLAT LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4, THENCE NORTH 89629'00' EAST ON THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 226 50 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2, SAID POINT BEING SOUTH 00-35'32" EAST A DISTANCE OF 326 88 FEET FROM THE MOST NORTHEASTERLY CORNER OF SAID LOT 2, AND THE TERMINUS OF THE HEREIN DESCRIBED LINE, (BEING KNOWN AS LOT B OF CITY OF RENTON LOT LINE ADJUSTMENT NUMER LUA 95-093 LLA UNDER RECORDING NUMBER 9511299005 ) KING,WA Page 7 of 9 Printed on 6/27/2008 10.57:00 AM Document: TDD 2004.0903002252 Branch ;WAK,User :HIGG Order: 6415170 Title Otticer: L c,'omment: aLkitIUlf dU _I.e%x V 20040903002252.008 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Deed of Trust to give Notice to Lender, at Lender's adder set forth on page one of this Deed of Trust, of any default under the bupenor encumbrance and of any sale or other foreclosure action IN I S EREOI;, Bo wer has executed thi4 Deed of Trust i Borrower Richard 6ordley rr er Laur lee Gordley Borrower Borrower State of WASHINGTON } } County of Kigg } On this day personally appeared before me Richard Gordley and Lauralee Gordley to me known to be the individual(s) described in and who executed the withirt and foregoing instrutnew, and acknowledged that they signed and sealed the said instrument as their free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official sea] thr, 3day of August, 2004 at Seattle My Appointment Expires on Sept. 8, 2005 �z ry Public in and for the State of Was4L�ton, residing �11 S V A AOF D i # to �M.= C w — , aO, f� S Form 3348 (pagc 7 o1 8 page3) K I NG,WA Page 8 of 9 Printed on 6127/2008 10:57:00 AM Docurnent: TDD 2004.0903002252 Branch :WAK,User :HIGG Order: 04131 ro i tyre vrlicer: Z wuiiticut. — ..>..< 2004090300225ZOOS Loan # 3532708-03 Order 8839584 CALL OPTION RIDER THIS RIDER is made this 30th day of August, 2004, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrowers Note to KING COUNTY CREDIT UNION (the "Lender") of the same date (the "Note") and covering the property described in the Security Instrument and located at 2010 .Tortes Ave. NE, Renton, WASHINGTON 48056 (Property Address) ADDITIONAL COVENANT In addition to the covenants and agreements made in the Security Instrument, Borrower and under further covenant and agree as follows A Lender's Call Option During the thirty day period begutning on a date five years from the date of the Note, Lender shall have the option to require payment in full of the sums secured by the Security Instrument If Lender elects to exercise tlus call option, notice of such election shall be given to Borrower who shall pay all such slims to Gender on the payment date spec&cd in the notice, which date shall be at least 60 days from the dale of mailing If Borrower falls to pay such sums when due, Lender may invoke any remedies permitted by the Security Instrument 1N WITNE F, Borr has executed [hLs Call Option hider (Seal) h 0 (Seal) char rdtey -Borrower au alee Gardley Borrower (Seal) -Borrower CALL OPTION RIDER kngrid _ (Seal) Borrower KING,WA Page 9 of 9 Printed on 6/27/2008 10:57:01 AM Document: TDD 2004.0903 00225 2 tsrancn : WA&,User ttltiti Order: 6415170 Title Otlicer: E Comment: 3Lati it lu .1,-.1 lj 20070406001413.001 aw AFTER RECORDING RETURN TO: Bishop, White & Marshall, P.S. 206/622-7527 Ref: Gordley, Richard and Lauralee, 1239.070412.1 10il)j4 Oi 01413 FIDELITY Nq OI NTS 37.00 PAGE 1 OF e08 00I A�007 fS30 XI COUNTY, lip Reference Numbers) of Documents assigned or released: 990319283 J Grantor: Bishop, White & Marshall, P.S. Grantee: Richard Gordley and Lauralee Gordley U1c) 'Y NATIONAE E '101332 Abbreviated Legal Description as Follows: L. 4 City of Renton SP SHPL 060 87 Rec 8805099006 Assessor's Property Tax ParceVAccou nt Number(s): 334390-3563-04 WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY E iFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICF. OF TRUSTEE'S SALE NOTICE IS HEREBY GIVEN that the undersigned Bishop, White &. Marshall, P.S. will on July 6, 2007 at 10-.00 am outside the Fourth Avenue entrance to the King County Administration Building, 500 4th Avenue, in the City of Seattle located at King County, State of Washington, sell at public auction to the highest bidder, payable, in the form of cash, or cashier's check or certified checks from federally or State chartered banks, at the time of sale, the following described real property, situated in King County, State of Washington, to -wit; See Attached Legal Description NOTICE OF TRUSTEE'S SALE - Finantsndveril KING,WA Page 1 of 6 Printed on 6/27/2008 10:57:02 AM Document: NTS 2007.0406001413 Branch :WAK,User :HIGG Order: 6415170 Title Officer: E Comment: mauon is :ix t 20070406001413, 002 w which is subject to that certain Deed of Trust dated March 17, 1999, recorded March 19, 1999, under Auditor's File No. 9903192931 records of King County, Washington, from Richard Gordley and L.suralee Gordley, as Grantor, to George C. Reimniller Trustee, Inc_, as Trustee, to secure an obligation in favor of Source One Mortgage Services Corporation as beneficiary_ Said Deed of Trust was assigned on September 22, 1999 to Washington Mutual Bank in successor in interest by merger with Washington Mutual Home Loans, successor in interest by merger with Fleet Mortgage Corporation under Auditor's File No. 19990922001469 . The sale will be made without any warranty concerning the title to, or the condition of the property. 1I 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 default on the obligation secured by the Deed of Trust. iII The default(s) for which this foreclosure is made is/are as follows_ i) Failure to pay the following amounts, now in arrears: Delinquent Monthly Payments Due from 12/1r2006 through 4/n007: 5 payment(s) at $2301.78 Total: 11,508.90 Late Charges. 4 late charge(s) at 581.86 for each monthly payment not made within 15 days of its due date Total Late Charges 327.44 Accrued Late Charges: $1,074.20 Lender Other Fees 8.90 Subtotal $12,919.44 Less Suspense Balance $2,225,00 TOTAL DEFAULT $10,694.44 IV The sum owing on the obligation secured by the Deed of Trust is: $216,699.03, together with interest from November 1, 2006 as provided in the note or other instrument, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute. kR NOTICE OF TRUSTEE'S SALE - 2 FcVnnUn4fver12 KING,WA Page 2 of 6 Printed on 6/27/2008 10:57:03 AM Document: NTS 2007.0406001413 Branch :WAK,User :HIGG Order: 6415170 Title Officer: E Comment: atatlon t❑:iAty 20070406001413.003 The above described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The We will be made without warranty, express or implied, regarding title, possession, or encumbrances on July 6, 2007. The payments, late charges, or other defaults must be cured by June 25, 2007 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before June 25, 2007 (1 l days before the sale date) the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, Ware cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after June 25, 2007 (1 I days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any, made pursuant to the terms of the obligation andlor Deed of Trusi, and curing all other defaults - VI A written notice of default was transmitted by the beneficiary or Trustee to the Borrower and Grantor at the following address(es): See `Mailing List' attached hereto and incorporated herein by this reference_ by both first class and certified mail on March 6, 2007, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on March 6, 2007, with said written notice of default or the written notice of default was posted in a conspicuous place on the real property dcscribed 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 will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale. V ill The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above -described property. TX Anyone having any objections to this 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 Trustee's sale. X NOTICE OF TRUSTEE'S SALE - 3 Fcwantsnofv=12 HING,WA Page 3 of 6 Printed on 6/27/2008 10:57:04 AM Document: NTS 2007.0406001413 Branch :WAK,User :HIGG Order: 6415170 Title Officer: E Comment: z5tatlon to :IAI V 20070406001413.004 NOTICE TO OCCUPANTS OR TENANTS The purchaser at the Trustee's Sale is entitled to possession of the property on the 20`h 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'" 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. EFFECTIVE DATE_ April 6, 2007 BISHOP, WHITE & MARSHALL, P.S., Successor Trustee By: WilliamL. ,Jr. 720 Olive Way, Suite 1301 Seattle, WA 98101 206/622-7527 State of Washington ) ) ss. County of King ) On this ay of April, 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared the above named person, to me known to be an Officer of Bishop, White & Marshall, P-S., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath states that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affi ed the day and.year first above written. a pple Yang NOTARY PUBLIC in and for the State of Washington at King County My APpt- Exp: m O i : v y &-5 .x o n x=a; r �l l ff rtJ01Vttt����` �~ NOTICE OF TRUSTEE'S SALE - 4 Fcwanrsnofver12 KING,WA Page 4 of 6 Printed. on 6/27/2008 10:57:05 AM Document: NTS 2007-0406001413 Branch :WAK,User :HIGG Order. 6415170 Title Otticer. h Uornment: OLMIUn 1u .I kJL y 20070406001413.005 `Mailing List' Richard Gordley 2010 Jones Ave NE Renton, WA 98056 Lauralee Gordley 2010 Jones Ave NE Renton, WA 98056 NUME OF TRUSTEE'S SALE -1 FGWA-NOD-AffMailing KING,WA Page 5 of 6 Printed on 6/27/2008 10:57:06 AM Document: NTS 2007.0406001413 Branch :WAK User :HIGG Order: 6415170 Title Officer. E Comment: Station Id AXTQ 20070406001413.006 EXHIBIT A REF.: 6768819 LOT 4 OF CITY OF RENTON SHORT PLAT NO_ SHPL-060-87, AS RECORDED UNDER RECORDING NO. $805099006; AND THAT PORTION OF LOT 2 OF SAID SHORT PLAT; LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE NORTH 89129'00" EAST ON THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 226.50 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2; SAID POINT BEING SOUTH 00135'32" EAST A DISTANCE OF 326.88 FEET FROM THE MOST NORTHEASTERLY CORNER OF SAID LOT 2, AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. (BEING KNOWN AS LOT B OF CITY OF RENTON LOT LINE ADJUSTMENT NO, LUA 95-093 LLA UNDER RECORDING NO.9S11299005_) NOTE FOR INFORMATIONAL PURPOSES ONLY THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTON ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. L.4 CITY OF RENTON SP SHPL 060 87 REC 8805099006 KING,WA Page 6 of 6 Printed on 612W2008 10:57:07 AM Document: NTS 2007.0406001413 0 C S N AFTER RECORDING MAIL TO: RICHARD GORDLEY 2010 JCWES AVE HE RENTON, HA 98058 $ FiW for Ronord m Request of First American Title Canpany ....... Esa wNamber: 32604RGI Statutory Warranty Deed h mace Comwwy Grantor(s): JAN-WES HOMES INC. 3 8 GfwA003): RI CHARD GORDLEY, LAURALEE GORDLEY L 0387 AbbreviredLegal: Lot 4, CITY OF RENTON SP SHPL 060 87 UNDER 1880 9006, Page 6805099006 inclusive, records of KING County, WA Additional kgal(s) on page: A&v=or'r Tax Pamd Nvn*jcga): 334390 3563 01 TM CRAN70R JAN-N&9 HOMES INC., a Washington Corporation far and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid. Wnwy3 sod wanwa to RICHARD GORDLEY and L URALEE Go"LEY, husband and wife tht following des[ribw rat able. sunned in the County or KING State of Waington: SEE EXHIBIT "A' ATTACHED HERETO AND BY THIS REFERENCE MADE A FART HEPWF. SUBJECT TO. SEE EY.HIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HERWF- pmadtbiai7th day ofmarch I By JAN-WES HOMES I B NI IARFdIE, VICE-PRESIDENT STATE OF WASHINGTON County of KING I SS' I Certify that I know or have satidactory evide= that MTCHAEL LORENZ is the pemn ^WhDappeared berare nw, and said person _wA=wk dged Ihtd he dgned . foment, on oath state) OW he is authorized toenewtedie =rumrntand acknowledge Aa_ VICE-PRESIDENT - A to be the free and _ryl{untuy act of sum party >aaGed: March . 2999 14otary Public io aedfor the Sate of ResidkgSL ►IRKLAND My 4,poftamw explra; 5l20 99 pN I tJB-19 E16,736" 1><9��19 4W7,pM 49n4.t1q KING,WA Pagel of3 Printed on 6/27/2008 10.56.40 AM Document., DED WAR 1999.03192830 w EXHIM A LOT 4 OF CITY OF REMN SNORT PLAT NO. SHPL-060-87, AS RECORDED UNDER RECORDING NO- 8805099006; AND THAT PORTION OF LOT 2 OF SAID SHORT PLAT; LYING SOUTHERLY O THE FOLLOWING DESCRIBED LINE: BEGINNTING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE NORTH 89029100" BAST ON THE EASTRRLY PROJECTION OF THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 226.50 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAM LOT 2; SAID POINT BRING SOUTH 00435'32" BAST A DISTANCE OF 326.88 FEET FROM THE MOST NORTHEASTERLY CORNER OF SAID LOT 2, AND THE TERMINUS OF THE HEREIN DESCRIBED LINB- (BEING KNOWN AS LOT 8 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA 95-093 LLA UNDER RECORDING NO. 9511299005.) KING,WA Page 2 of 3 Printed on 6/27/2008 10:56:41 AM Document: DED WAR 1999.03192830 i ■ p,h NIT D BASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MAKE 21, 1958 RECORDING NO.: 4884438 AND 4884439 FOR: SIISTIMIi DRAINAGE DITCR AFFECTS: EASTERLY POIRTION OF TRACT 293 of C.D. EILLHAN'S LAKE MASSINGTOR GARDEN OF EDEN DZV. NO, 4 LYING MITHIN LOT 2 OF PROPERTY HEREIN DESCRIBED EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JuN3 29, 1981 RECORDING NO.: 8106290604 IN FAVOR OF: CITY OF RRNTON POP: PUBLIC UTILITIES {INCLUDING WATER AND SEMEA} AFFECTS: THE NOR= 15, FEET OF TRACT 291 AND THE NEST 15 FEET OF TRACT 284 OF C_n. HILLKAN'S LA1cE WASHINGTON GARDEN OF EDEN, DIVISION NO. 4, LYING WITHIN LOT 2 (+� OF PROPERTY HEREIN DHSCRISRD AGREEMENT AND THB TERMS AND CONDITIONS THEREOF BETWEEN: CH RLEES A. POHL AND WrNIFRED K. POHL AND_ CITY OF REMTON RECORDED: !!AY 91 1980 RECORDING NO-: 8805090391 AGREEMENT AND THE TERMS AND CONDITIONS THBR80F BETWEEN: CEARLES A. POHL AND WINIFRED R. POHL AND: CITY OF RINTOA RECORDED: JANUARY 14, 1991 RECORDING NO.: 9101140962 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 28, 1995 RECORDING No.: 9507201245 FOR: INGRESS, EGRESS AND UTILITIES FOR THE PURPOSES OF VTMXZING GRANTEE'S MATBR RIGHTS FROK AN WWANED CREILY SRORT PLAT 90. SHPL-060-87 AFFECTS: A 10 FOOT STRIP OF LOT 2 ADJACRNT TO LOT i KING,WA Page 3 of Printed on 6/27/2008 10,56:42 AM Document: DED WAR 1999.03192830 16 ■ i J' i R ! Return To. 3 1 SOURCE ONE NOBIGAGE SERVICES CORPORATION 27555 FARMINGTON RD STE 300 '. FARNINGTN HLS- M1 48334-3351 FINAL MXUKNTS t Aagmm x -. Ptiatcet or AceDunt Number 93 q 3 f D ^ 351,3 ` 4 /� AhhrcvialedLe921Dc4cripliun: �-•'T 4 .rrtr,- SP 5 Y4 Y SPPL Dkoo 97 0- 8U050 960(0 : a€ } Ilwhi& kit, Nark wA pTm orxcbm, km2dipnxl rmWI } Full legal deseriptim located on gaga 702DA121-3 _ ' --- _-,-- (Space Absre Trh Line For Wft- di q Datal T AM 3 04 p DEED OF TRUST y I W4 THIS DEED OF TRIIST (-Security hwlminrht') is made on MARCH 17111. 1885 ; The garunr is .91Cagr) GEWET PW LAWALEE OMLEY ('BonTTaer').Theltu5lacis GEORGE C. RETNM[LLER IRUSIFE. INC 521 Sy CLAY $T STE 200. PORTLAND. OR 97201-5407 (`1'natce`).Thckricliciaryis SWICE ONE MORTGAGE SERVICES tORPORA[[oN which L4mganimdwdexisting=Judiekawsof DELAWARE .artdwb.; addrtss is 27555 FARMINGTON RD STE 300 FARN[NGTN HLS- NI 18334-33l,7 C1grAla"). Horniwu owes Lender the priaripmm of TYO HUNDRED FORIV IHOUSANO AND NO1100 mltgs ms. S 24o.O0D.00 )• This deb" is cvidencc d by Ekmwwer's we d*d the same wAswNtiTONSr,�FtmOp HrrYNUFEM.AlCUraFBEtlrWDTBUAtBMT —(wA[{m ) r�soaa o7ao �� 1 Ora s �A�Z� � 42082 7O2Q1121-3 �3� vAtP MOR70AOEfMMS - (8OO>S21--7712991 1�M1�i1NO111mill KING, WA Page 1 of 9 Printed on 6/27/2008 10:56:43 AM Document: TDD 1999.03192831 uenan.ia . rr r.t�r�a�x .sr,.1..+ v, u..,. vT,�, .,. ...-......,.,........ -. dame as this Security Instrument ('Note'), which troika for monthly payments, with the full debt, if Favpoidcadier,dterand payable to APRIL IST, 2029 . This security laNrumum secaum 4r Lender. (a) the repayment of the debt evidenced by the Note, with inlrrtat,md WI renewals. cxtCMOMs and raraiificaiirins of the Note; (h) tine Payment of 211 miner sans, with inlet, whmnerd under paragraph 7 to protect the wxwity of this Security lnAmment; and (e) the pa formeoco of &rnmwcr's covenants and agreements wader this Security Instrument and the Note. For this panpusc. Borrower irttwowbly gmmts and conveys Ora Tnnlee. in trust, with power of sale. the following desenind property Inemed in KING County, Wachingdm: SEE ATIAICNEO LEGAL mstmprm which has the address of 20 r a a3NES AVE HE. REN ION Isar. aa.l. Washington SBM-2558 M0 <o&I Cry Add--); TOOLrII{F.R WITH all the improvements raow et hcrew-W emclod on the y, and all casements, all and failures auw or hereafter a pelt of the property. All acematLs and additions shallalso vered by this Security In%hametaL All of the fo going is erred to in Phis Secrml hzhMentasthe 'Property.. BORROWER COVENANTS thm Borrower is iawfully seised of "estatc hereby conveyed and has the right to gratra[ and convey the Property and that the Properly is waava,mrbaed, cxccpr for cxamnibramacm of record. Borrower warrants and will ddetd grnually the Bile to the P"My against all claims and demands, s"biect to any cxacumbram=of record. THIS SECURITY INSTRUMENT combines uniform covenants for mdunal use. and non -uniform arnenents with limited variations by jurisdiction to ounseippe a tniform security insuumcnlcov n realpmpcIty UNIFORM COVp, rAr7T.S Banawcr sad L,erdcrccwcwa and agme as foihrwa_ 1. Payment of Principal and IdtftW; F►epayrt►enl and Life Charge. Burrow« shall Imenidy pay when due the principal of and interest an the debt evidenced by the Nate grad any prepsyynn�acnll and late clwrges due wader the Ntxe- I-Faads for Taxes and knalmaa. Subject to applicable laws to a written wai.vx by Ludcr, Bnrmwer shall pay ra Lcrder on the day monthly pbymmls are due tsadct the NNe. wail! the Notc is paid in full, a sum ("Fmxh') for: ((a) yearly y Iaxes atsmotmcnta which may again priority over this Sccurily Insnumaat as a liar sae the Propuly; (b) yearly lenchold pymerts Orgroaod rats all the PrL"y, if any; (c) yearly ge msuhazard or papcay nasurnram p"tiums; (d) yearly hood i�uranco prcn rum!, of nay: (W granny mortgarowe premiums. if any; Wad (i) any MM payahk by borrower to Lendet, in accordance with the Pruvuaom of pnagrato g, in Iku of dae payment at mortgage insurance pactat�'ems Iiacso items ere called 'Faetaw ItaErats-' Lender mom, at anyy tame collar and hold Funds in an anKAaat not to cxczed the maximum amount a header fir a Cralecallrciatuj naatgage loan may 17rc a fcx Borrower's escrow am un ucou der the federal Reef nv f tte Seutcw( Pnaxdtarrs Act of 197A as tnaeded from time to time, 12 U-S.C. Soction 2601 of sag (-RFSPA-), unless another taw that applies to the French; sets alesmamtwat.Ifso, LenderMali.all anx time.collco and hold Feuds is an amount not to exceed the teaser amount. Larder may eaumate the amnuM of Funds due on the basis of currcat data and ra asarwhk estimates of expenditures of fratan FAcrow Items nrutherwiscin accordance with applieablelaw. The Funds shall be held in ran iroAiWon whose deposits are basaarcd by a miederal inaurumer"ity, or entity (incitadang Leader, if Lcradet is such an i"Laa inn) a in aoy Fradaal 1."Ak ,t CL.attwa4 (97011 Page 2 oaf Fa.a. 30" gift KING, WA Page 2 of 9 Printed on 6/27/2008 10:56:44 AM Document: TDD 1999.03192831 w to Loan Bank Lander shrill .pp1y the Ftunds to pry the Exvow Itana. I.amder may mot aWr Bdxrnwer fen I"dng and rappppllyimg the Funds, annually analysing the escrm account. or verifying the Escrow Items. unless Calder pays Borrower interest on the Ands aryl applicable law permits Lender to mere such a charger Hrhwever, [ender ma require BB mmv to pay a onetime charge for in independent real estate tax mepteting service used by Lander in aoeuKdian with this loin, unless applicablelaw provides otherwise. Utdessan agreement is made orapplsrshle law roqum nit�t lobe paid Leader shall the he requited to pay Bemmm any irdelest hxumhm an One Prods. Borrower and Lender shay aprce in writing. however. that irtarat shall he p.id on . Ftmdg d Lender shall give to Borrower, without charge, an anneal accamdngg ofthe Phmd+ showing .edits a deNts to t7re Pend+ and the S"M fir which each debit to the Funds was made. The Ponds an: pledged as additional security for sumssaured by ftsSecudty IrMumant. if the funds Wd by Lender exceed the amounts permitted to he held by applicable law. Leiser ,hall acwmri to Botrowcr for the excess Funds in arcordenev with the requihenharu of applicable law - If duo amaant of the Kinds held by Lender al any time is rhos sulficieM to pay the Escrow Items when due. Lander may so notify Borrower sn writing. and, sn such ace Banowa shall pay to Lender the arnewhl nom aay to make up the deficiency. Bonowu skald make up the deficiency in po mwe than twelve monthly paymata, err L&nda's sae discrodon. Upon payment in full of all sums soaacd by this Security imtrunherd, Lender shall prom y refund to Borrower any Funds held by lender. If, hinder paragraph 21, fender shall re ut scl the Prapaty, Lander, prior to the acquisition orsale of the Pmpetty, shrdl appl y any ;CA by I.�,dcr aithe timeofa�tionofsaleasacredit againsttncsums xnued tSnisSowntyInstrumcm. J. ,Lenderu�np IlcaOm of lia ts. Unls�uap ncahlc law provides all tcccivcd by .rand, to am unt pxP-q�yable wide paragraph 2; turd, loon emit tourth�m Principal ncipal due; and InA, to any late dotges due under the Notes 4. Charges; Llena. Borrower shell pay all taxes. M furs and inn�rtitan attributable to the Property which may attain priority over this Secutiiy ertnanad, and leasckx>td rl payments or gk and rents, if any- Borrower "I pay these obligations in the nnarmcr provides! in Paragraph 2, w if tint paid in that masnher. Brrrower shall pay them on time directly to the person owed fX} payment. Horraw r "I promptly fumish to Lunch all notices of amaiwas to be pad under this paragraph. if Borrower trhalrm these payments directly, Borrower shall promptly furnish to Lander Q} romppttsscvdancirg lheprhyroemts. Burrower shell promptly discharge any hen which ia.cpnornty over this Security Insktumrrt umhaha Borrower: (a) agioes in writing to the pa yahane by the lien hn a manner acceptable to L.rrhdrr eonicsts in good fadh the lien by, or dcrcn& aritzAt enforcement of the dirk in. Icgal procco rigs which in the Lender's opinion o(�etrie io prevail enforcement of the lien; or (c) scchms ttom the holder of the lien an agreement sausfaetory to Leader subordinating the lien to this Security hsstmmaht. If Lander determines"err poi of the Property is to a frier which may attain priority over this Security Instrument. Lads may give Borrower a mYx identifying the lien. Borrower shall satisfy the lien or take arc or more of the actions ad forth above within Io days of Una givingg of nelihx 9. Haxatd or property Insurance. Borrower shall keep the i now existing or hereattcr wedcd on the P�uerty himmod Wing lass by fare, I� within the term -exhcrhdcd tree Gage- and any other Iwsrds, mdrmdirhg floods or noodaq. face which Lender rrquirRh inshnance- IMs insurance shall he masrotained in the onownts and for dre periods dot !.ender requirm. 7ne irwaancc carrier pre rig the insurance shall ire elxtaun Borrower subject to Lender's a al which shall tw1 be wueasonably wirldvK If Borrower WISto manintainooveagc deadaib d a vc La•hda may, at Lsrder's option, obtain auvaagc to prated LAKW's rights in the Property in xccmrdauhee with paragraph 7_ All itoutim a policies and renewals shall be acceptable to Larder and sell include a sumdatd tehorlgagc c�uae. l.andcr shell have roc right b hold lasts mud rtiuewals. [f l.+rander [+squires, Brhrnwer shall peon y give to bender all roeeiRts of paid prcmiwm and rtarewal tnotias. In the cute[ n(le, Borrower 1 hive prompt erotica b eke rirmusslcz tamer and Iethder. Linder may make proof nflrsstfnhhtah.deprompty yb /orrvwer- Unlc�c [ crhdcr arrest Borrows otherwise egret in wnitith�, 6hsuarhec proceeds shall be applied N resretation w repair of the Propuiyy danhagsd d ter. evade rathean a repair u parnotmrcdl ipsbbllc and Lcthdcr's socwiq rs end leaserhad li the rratoralion of repair is not ocnoouaihslly fwsirlc ex Lendu's acenosty waits he lrssahed, llhe irta+numoe proeesds shall ba appGad ur she sus steles by this C�ahhtwae "J FP8030fg aria KING,WA Page 3 of Printed on 6/27/2008 10:56:45 AM Document: TDD 1999.03192831 Im M Sonaity bvdrumcrr , whcthct or not than due, with any txoss paid b Bomiwa. if Borrower shandoe n the p,opaty, a does trot arrswea within ao days a notice from Lender that tFte ittstuaarce cattier has utfetd b settle a claim, filar L aril= may col}ect Iltc inwrarroe pnuteds Lrntkr rosy trR rite Pete C& ra rcpairor ttstote the Fyopr:ty a to pay sums saeueod by this 5ec+rtity 1rnlntwrernl, whe�hu or not then due. lire 3t1-da�od an l begin what rho ndia is given. Unless and Bornmer rtdaartviae agme in wilting, any elrpinatitat of prooeods to ptittcipal shall trot ntad or posipwnc the due dale o! the month}y paynnaNs reiertod to m psragreplu I and 2 or change the atruxstl of the paymatts If under 23 the y err atxlwred by 3aadcr, Btxrowa's right bony inwrenoe poltcres and tcstrVting frvme q the Properly Fiat to the eeccqquuunion shall F� to I�utd� r w the aslant of the scans scared by dos Srrurity Awry rent immaGsocly priors the acquisition. 6 OecapatteY, Preservalba, Mrinterattee and Wubecllaa +dthe Paopaiy; Hoer trwer'A faan AQpdniba; Ila1lhoidL Bonrowcr sinlf pocupy, cstabllslr, aril rtse the Property es Bornnvcr's pnncipd residence wilhie sixty days aRtx the execution of IhLs satrtity hsdnrant and shill continue to occupy the 1'toperty ss Borrower's prinei�al txsinlcrree for at Iasi over aRer the daft of a"1 tutkss kttder ctlrawiae agOees rn writing .rhich rnttscstt shall not be waeLstrtehty �ya unl�txfattatitrg ciran+danem cxisi which ate beyond Botrowet'a oontnol. Borrower shall nil destroy, dump or impair the Imperty. allow the Property to detaiorele, or commit waste on N :3ie �topcfty. Borrower shall he in def i if any forfeitnae ectitrtt or paacadmg, whdhct ciyil or 0) criminsV >5 6cgun Thal in I ctrdcr's good faith judgmau rnald result in farfdwre of the Property or nnc�Yw�se rnafaially impar the [ten dcartd by tlasSewrily lrtsrrwnant ex L�hr's seetuily tnterept !i &mow= rosy ewe such a detautt and rat>slata, as provided in para�l8, h1 causing tFre action or © prtrcxpdingtohcdismissedwitharulingdwl,inLcndtx'sgoodfanh natron,�re�ludtsfcttfcittrc Qi Ott we liottawer's interc� in the Property o: ofhu malaisl irrrpairmurt of six Iirn anted Otis Oy Severity lnutrmmcnt a Lrrdu's stxurity interest- 9ornocrerslnall.Iso be in ddadl if Bnrnawer, during the low sppricatinn pro�r�, gave rnMferiatly false rn inaccurate information a wer+n�ts to Lcnda (or - r (anal to ppraavnadc Lcrrde with any ntateria[ information} in oormcetiah with lfae ban a with by the Note indtdireg but not retired b, rcpresawriaru axrccming Brnra+vu's dare Property as ; a principal restdaroc. l(fhia Secwity Irtsttwrrctrl is art a leasehold, 8atrowa�i rnrnply with all the prnvisitaeso(the h�sc. If Bortowu nnoquires fee title b the 1'mpetiy, the leas�dtoklud the fee title shall +: not merggec txrVacs lmdcrragices ro dre rnexger in wrieing ..,, 7.Proleelfos ofLeader's lil;hu la the JJ� Ifl3orrowa fails b atn lhccxrvcnants and agraxnaNs canrairnat in ttis Security frWnrrrtcrtttircrc is a legal Itat may significantly affect Lendet's rights in the Properiy (such Ain praooeding in bankruptcy, for -on err fodritumor to adorcc laws or regulations), then I cridet may do and pay for whatever is nwessm to Proar the value of the Property and Mende 's rtghls in the Property. LRarda's adios, may include paying any swat sawed by a rim which has prinriry over this Security Irwruaoad,nrppearirng in eorrn, paying rrasatrttble Ntomeys' fees and etrtering an the Property to tootle reprirs }ddaoogh LFnder may sal acncar under this pareg 7, Lander does oat have ludo so My rmawrn �by lsnrdet rtrrclrt this paragraph ? ttlrali bait additional dchl of Waow.t waited by this Seventy Imtn"ne rt Unless Bortnwa and larder agree to other taros of payma8, dxm ame rut #r:1 bear kitaeai from the date of diabwacmart at the fide We and sbali be payable, with irntecsr,Won notice from Lxnd toBotrowettequt3fingpayment. S. korwaee. If Lender rcgtnired trsttartnce as aoan drYrm of malting the Juan scarred by ' so=[y lnattmotrrt, $ormwa�sfrall pay rlae pra+uums ragaired to mamtair the mortgage trauntrce in effect- If, for any rrasorr. dve. inwrantce w—W m4arc d by l-rdcr mlapses a ccasea to be in effect, Solwwer shall pray tiro prrmiWm xqui cd b obtain �vuagc l�taraiatly o0valent in the nrrtrtgage inwrantee peevioosly in effect, al a �t subatantialry equivalent to the gist to Borrower of the mot"o itstrratati pvdcR sly in et&et, from an mlkmgc xxtimcimowapproyedbyLcn&t.lfmdsbMallycquivalcrAmpappitiewatttz oowrtage is trot SyRitalkROMWaAW1 pay to Lender each tnorrth ■ awn rqurl m err WC11th of fbc yearly mortgqc ircausnx pmrm;nn bmv paid b Borrow= when the kournmec ocr p e Iapad a ceased to be to effect. Larder will accept.nuea7retainthese pa)m easalosstrsoveinlienofmortgagei mrarace. Lass reserve pa may Oro longer be ncgwred, at the option of Lender, iftowtgago iaauanse atvcMc (in the ama ml and for the period than lancer taluitca) peov Wed by an irrr :rm ap /proved by W. :Oz 4%4H4WAr f9701f Wges of Fatrn3Wi a/ao KING,WA Page 4 of 9 Printed on 6/27/2008 10:56.46 AM Document. TDD 1999.03192831 brancti : W}ili;VSer.: till.Jl_r V1UCI, "L.711 V JL JUU 4Jllfe e.L. a r...VlllillVA, IN r 3' Laidcr again becanara awlah e. and is•obksined. Borrower shall pay the ptenitins required to malnlain mot+,gagc imaireriee in elfod. or to provide a loss reserve, until the roquiremct far mortpr imaurrce etida in aaordarhoe with any wriltm opmrierd between Borrower nerd Lender or applirahk law_ e1. LrapeWou. Lender or its aW may make reasonable entries upon and inspedions of the Pro�perty� lender shell give Borrower notice at the Limo of or prior to an itupoction specifying re aw iaere cum falhd IL Coedemaatlan .z- tds of any award orelaim for daleages, dhect orwrssegrmtial, in canncs lion with am wndeamation or alter tab=rtg of any part of the Property, or for eveya000 inlian of coudat iumak %ehembyassignedand delan l fie psidiaLeader. In the event ofa told to dog of the Property, the plowexls shall be applied to the warsmurod by this Security Insinuneot, whether r of trot then due, th enrr ex.c= paid to Ekwrowct. In the cvc m cf a partial taking of the: Property in which the fair market ere of the Propeny iroroedietely before the taking is c4upt to or greater Irian the amouum of the sums secured by this SwAty foslrumem imntodraLely before the Won& Laths Bmrurever and Under odivwise agree in wt ld% the sutras somped by this Seeal!ty Ir ithmmu gall be m&mxd by the amount of the proceeds multiplied by the &ellawing fraction: (a) the toad amount of the sure scatted immediately before the taking, divided by (b) the for market value of die Property immediately bdom the taking. Any balance shalt be paid in Bmowcr. In trio evert of a partial taldeg d the property in which the fair marlW value e(dee Pm1wrty immediately before the talu is less Urn the amount of the sums secured immediately hefore the antes 13otrowct and otherwise agree in a thin( or unless s,pplicable law otherwise wk the ppraoteds shallbra applied to the sums secured by this Security Gafmrrheiit wbetbct or not Eire tatnLSZ; d . If the Property is abandoned by Borrower, or if, after notice by L eider to Borrower that the condcrnwr often to make an award err sctfle a claim for danagm Bonower fails tompubd to Lcrakr within 30 days after the date the notice is given Lxndcfi3audicHzcdtooDiloaamawytbepocecds. jai its option, 66a to reston6on or repair al? the Property or to the sums vxuw by Ibis Security Instnunwi,whedictormAil trdue. Unless Lender and Bomwcr odwrwisc agree in writing, soya (cation of ptomcds to principal "I not extend or poupDm the due date tin the monthly payments erred to in puagraphs 1 and 2 nr y r% I. Borrower Not Released; Itrorbeeraaoe By [.ender Not a Waiver. pxlestsim of the time for r or madifrcatiort of amortiratioeh of the sums m=ved by this Security lmtnu m granted Lender to any suwuxsor in interest of Borrowa shill not operdic to release the liability of the ettigena) 9timma or Boriowct'8 sucerwm In interest, Under shall not be rogWrod to commerce proceedings against any successor in inlerea or refuse to extend time far pa err olhcrwise ohodify amohtisetion of the sutras secured by this Security iretnmwit b teasmt of .ray denwid trade b the real Borrower or BHrowe'a aw mwa in inherent. Any f by L,cxkr in excaeising any right ortcmedy shall notheawaivetof orp��(rtdotheexercLsz ofaarreiyy right or resedy. 12. Succe:son sad Asdgm lBwudtJoint and Sevemtl Lfa611lZri The exwaiants and recmrnts of this Security Instnimom shall bard and benefit die succcsors mind assigns of Condo and e$ cr, err t 10the pruYlsiets of pamgrayh 17. Borrower's aovuaants atdagraatrnts shall be jeiint and sevcnl, lacy Borrower who co-signs this Security Instrument but dace riot exeeulr the Note: (a) is an -signing this Security [narumetit only to mortgage. genet and convey that Sormwer's inum:st rn the Property tank: the: tams of this Security frntnunart; (h) is am personally obligated to pay the stout secured ��yy this $ecurity Iwrum am; ow (c) no that widar attd any other borram a muh agree w extend, modify, f a6ear OF make any aocannnodgkm with regard to dw terms of Z SWUM In;ttumco etdw NoLe widua Lhid btrowa'a aarsc t. 3. Lwa Chagos ]f the lute seated �y thiw Soaui burl is subject to a law which sort mutimum loan and that law is finely �so that die iracreaR a other loath charges collected or to be cciad in connection with the loath exceed the permitted limits, teen: (a) any such Iran charge shall be ledtteedd by the araonnt troceky to teduoe the charge to the pcsnitlyd limit; and (b) any sums already collected from Bonower which exceeded permitted Ilmfis will be refmided to Borrowct_ LaKW may cboosc to make this refund by reducing the Wricipal owed mkt the Nate or by maddtig a dircct paymt7ti to Borrower. if a aortal Lediicra pntrci pal, the tochutlon will be treated ass partial prepaytutditwghout any ptepaytncrhtelatge tmdex the Nate. q�yaNtwu tt7orl P,,,aaseta weee,ao+a Woo K1NG,WA Document: TDD 1999.03192831 Page 5 of 9 2� Printed on 6/27/2008 10:56:47 AM Branca _wPx,.,uwr .r-rtu%j V1 UW. VT 1Jl I A11rr vai,..,: , c. m a 14. Notkm Any notice tv &xrower pmvidod for in this Security Itnslnmrreat shall be given by riclivering it or by "ling it by fitst class wail undrss applicable low requires use of aodicr mcuxw. The notice shall be directed to the Ptopeny Address or any other addivsa Borrower designates by notice to Lender. Any notice to Lauder shall be giver, by first class mail to LA t kt*s addrc:% sldcd herein or any other aifdxss Lender dcsigtwes byy notice to Borrower. Any notice pro�dCd for in this Security Inslrumatnt "I be dossed to have Were given to Borrower or L�r when given as provedad in this pusgatph. 15.Ga Security fnstrumeatshellbegoverned brfederal law wxl the law of the 'uristiictme in which the property is kKalad. In the event that say provision or clans of thix Scarcity listrumant or the Nate conflids with snpliahle law, such conflict shall rxrt affect ulhcr provis Vw of this Security (nstrament or the Note which can be given effect wit uml. the conflicting lmrvuien. To this cad the pnwisiaos of this Security Instrumrne and the Note are declared to be scvcrablc M Ili. Borrower's Copy. Bmmwer shell be given one confotmed copy of the Mote and of Ihix Security Inmur ent- 17: 'rudder of tine Psvpedy or a Btoeficlal Interest In Botrwvtr. ff all or any pan of the of Property or interest in it as sold at traiLderi ed (or if e. beneficial interest in Bonowcr is sold or d) transferred and Bonvivot is not a noturai person) withoutLendei's prior written consent. Lcnd.n may. H at its option, requite immediate payment in full of all sums secured by this Security Instrument. f"} However, thta opum dull not be. eracised by Leader if macisc is prohibited by fodcral law as of tlK !� dair of this Security hstttuncrnt. �} If Lenderexercises this option. Lcrtdct shall give Borrower notice of owekxatinrt. The tKd=slW1 Q} pPrroov�ide a period of not less than 30 days froth the date the notice a ddivctad a mailed within whichBorrower must Mall trims secured by this Sccuriq Instrument. If Borrower fails to pay these stuns pprier to the cat netim of this period Lender may invoke any renedirs permitted by this Security inslntmtsrI without further notice ot demand on Borrower. 19. Borrower's Riot to Reinstate. If Borrower mods cr itain wrdWonv, Borrower shall have rho right In have enfarcemarl of lhisSccurilyy firtrorneat disrnntiruudat mny limeprinr to thcrarlietof: {a1 5 days (ex surds other period as applicable ]aw may speafy for ranslaterruad) before tale er( E}nc Property Atrrauot lv anp power of see mntained in This Scertrily irstrumatt or {b) story of a Judgmcnlenfarcmg drisSecutnty irstrurnatr Tlwscartditionsarc lanai Borrower {a) Pays Lcrudcr all scams wEtneh ilnut wonild be due rrdet this seetrity Irsrnrmeut and the Note as if no aocderatintt had nccurted; (b) pares any dcfattft crony other covenar"s or a$teenretta (c) pe all ctpertsra inured in M-s Itsttanrnen, rtrcli,notlirmla,fees; mad (d) L dndrryiteo assure thaty Instrument, iq the Propertyy and l9cnrrowe's abilgxlion to ppaaythe sues coasted E,y this Security l canGrnw undian Lipm rruuuatentatt b)' Bortasver, tlnis Sorority fetsirutnent and the ohligations secured hereby shall remain fully effective w tl no aacletalion had occurred However, this rigght In tcirtstatt drollnot appl in tlrc arcofaox]erNim tutder paragraph 17. N Sale of Note; Change �L coon Servicer. The Note or a partial interest in tic Note (tagether with this Security Itsttatrrcnt) may be sold one at more times without pprtiioar notice to Borrower. A Sale may Msuk in a lunge in the ergity (known as the 'Lass 5ctvfar') aw collects monthly payments due wider the Note and this Securittyy Lstrumatt. There also terry be one re err mom changes of the Loan Setvica u nrelstnd to a sale of the N(dte. If there is a cange hof the 1 ran Scmccr. Borrower will be &ivetn written notice of the change in aocardwxt with 14 above and applicable law, The nonce will state lire llama and address or the new Lawn eer tad the address to which payments should he tmadc. 71w motile will alsa contain my ad" itdormado n re*rcd by applicable flaw. 20. 11aratdott£ Sabtdattem Botrowa "I not cause or permit the presence, rasa disposal. Artage, or ►desbte of sty ilsrPrdous substances at or ion the Property. Horrower Sul not doy nor allow anycrtre floc LO der. snythtng af%cling the Property tlst is in vidatterrt of any Pmvironrntcrtd Law. The precedieg two seatenoes dull lot y to the preaena, use, a d c vn floc Property of small quantities of Haratdoea 5rbstarnc� ate grxteally toayoyauud to be appntfxiare In noernal resudcranal rues and to rttwtatcrnrncc of tlnc PnrQety. IkNrower shnil ptrrmptly give Lcndcr wn[tgr nditx of fury invtslJgatien,claim, demand. lawsuit nr ntlter acinan by any governandnfd Or regulatory aggtcy at pnYalu petty tbvolvtlag the Pn4wty and any Harnrdota Substance a Ernvirommrtntal Lew of vrhicia Borrower tss rctua! IrtowZZeeddgc. If Bnmrwv Irartts, er is notified by arty gcwsmmetkd err tcgularoty authority. that any remand or other taaash: Ct4"nNO) f970 li tragc 6 of g rv.n awn aJao K1NG,WA Page 6 of 9 2a Printed on 6/27/2008 10:56:48 AM Document., TDD 1999.03192931 brancn:wAN,user rraxuu �„��t...T.�.,. a..,..saa:..... .....�.... 0 rerao&stitn of any Haastdaus Suhslanceaffecting the propesty shall promptly take all ^may remedial actirsts in acmtdance withEavnronmatrs) Low - As used in this pvegmph 20, "Ffsonl us Subs wP=' sre Ourm suhstato s defined as toxic or hazardous suhstan, a by PnvfironmaMal Low and the following su"anoes• dine, haosaw, other flammable or toxic permiaum products, toxic peofikides and I aowidm, volute solvents. materisis utniaining asbestos a f and mgo■wve materials. As u� in this paragraph 20, *EnvironmentalLow. aw' metier feacral laws and lawaoflite jurisdiction where the Property is k cake d that ra:latetohndth,safelporrnvimwnattal NON-UNIFORAs COVENANTS.�andWider further covenant and pwwfollows_ 21. Acceleration; Remedies. Leader skull give notice to Borrower prior to acceleration folhrrring Hasrower`s bkrach of any coveu,tat a meat Fro this Scarily [ptrume■t fbut not prior in accekratba under pnn�rapit 17 ualen applicable law pnarlilea atlrerwient Ih 1 notice slsll speelf7: [a) the dehnit; (bl Ibe adloa seaptls w curs the detwlt; (e) a date, ant less Ikon 34 nrys ram the date the pike is to Borrsuwert by wiW Ike ash mast be cntrod; sad (d) ibat failure to utr+e the dellrrR osr ar before the Ctale is the notice nay resuh In aorx7arnllao d tie anma asennrest by ihia Indruseat awn axle of the Ptgperty at public .Mad ate cot leer lino 120 dale U the rr. The aotiee .Mall tpriher Inform 1orrower of the t to rednatale alley aceekr■ h the right to bring ■Dour! adloa to assert the non-c*rtertce ■ ddauk or a ty outer defense of 13aCensrer to aoceieatloa and sale, and any other natters required to be Included in the native cep Ikable law. U the default Is not cured on or before the date specified in the adkr, at Its opti^ my require immediate payment in hill of all suns secured by this Security InAmmal, without further 94 demand and may invoke ike power of oak and my other remedks perlk dted by applicable law. Lender shall be entitled to colled all expeaars incurred In purwting the remedies provided is this p■rWaph 21, including: but not HoW to, reasonable ■llorneys' fees and N coslsofNtkevidener. ff Lender Invokes the power of rile. Leader shall love written solke to Trustee of the ,P4 occonvaee of an event of default mad of Leader's election to cause the property to be sold. Trustee and bender aha)t take such action rellardhag notice of oak and shall slue such notices to Borrower sad to other persona as applicable law ma require. After the tier required by applicable m ter, dtall low and the Propert atlepa6blk of auction to the sale, bidder at ■ e whbout demand place and under the terms deslgeate�la lie notion: of sale Is one or mote parcels and in any order Trustee dete lam Trustee may postpone sale of the property for ■ period or perlods permitted Le�rtrltsdulp+eemlicable low aypurchasublic elhe to"yalsalsasmucersent at the ie.ard place fixed in the stotka Trustee shall deliver to the purchaser Trustee's deed conveying the Property wkhoul any covenant or warranty, rt¢ressed or Implied. The teekab la the Truske's deed d" be prima tack evidence of the truth of the ow mmu made therein. Trustee 511411 qpl! Ile proceeds of the sale In the following order. (a} to all expenses of the sale, IacMd _ 6ut pot Ilmhed to, reasonable Tro face's and allumep' bars; (b to all sums swured by this Sawrilly Iosimomt; and (e) any Cocos to the =�rou or pesyoas "I led to It or to the clerk of the superior coarsoriheroantylawiichtieso ionicP 22. Rectarveyeare. Upon poymM of all sans wound by this Sccwky ktrmm■nrt, Leader shun tcqucsl Tmaw to ir"vey the Ptapdty and shall surrender this Securityty Ire&WPCnt and all Wtas evidencing debt scarred by this Sautity Instrumert to Trustee. Trustee shall reemvey the pp,perty widhow waamrty to the person or persons legally rn itled to it, Such person or pa rusts shall pay any ncaxdatm axis- lender maychnrge such person at person a fee for reconveyatgthePrgrerty,but only if the ice is paid to a!hardparty (such authe Trustee) f rrserrl�n neatened andthcdwrging of the feeis permitted uttduapplicshiclaw. 23. Substitute Trustee. in accatdsace with aWiahle law, ureter may fmwt time to time appoint a SWcc$srx uudee to any Trusty appoirucd hereunder who has aisod to ace. >i OK" conveyance of the =y. the stwoessm aerate shall sucaoed to all the title, pMW and duties ctxnfcoodapoalrustee noncibyapplicableiaw. 24. Use ofproptrLy. The Propcayisnalused ptincirydlyfurnocuhw orfnmingptapmes. raatik � 4R4HnVAt (9701) Paee7afs P nn3a" W96 1KiNG,WA Page 7 of 9 .:r,ys Printed on 6/27/2008 10:56:49 AM Document: TDD 1999.03192831 tSranCrl :WA&,USt(:i-ttt_ru vtucr. ��a�a tv a■u v.•. ca. ,. n r� u a 25. Riders to this Sowtity InAmment. If one or more tidm we excn&d by Arartmer and rcrorded together whir this S.ratrity InstnwKru, the eoveraw and sgrcanents daKdr such rider shall he wworlxmwA into and AWI amend and aup0cmctri the mvewrls and aglamuaKs of this Security Instrument asif the ridu(s) were a Imrt of this Security Irwrummd- [Chock appliaAk box(es)] Adjust able Rate Rider Condominium Ride* 14 Family Rider Graduated Payment Rider HPlwww Unit Devdapment Rid-H Bweddy Payment Ri.kr 11 Sallrxm Rider 0 Rate Improvtmerht Rider ®® Saud Hnmt Rider VA Rider Other(s) Iffy) BY SIONINO BELOW. Bormwer wcggs and ogtem to the temp and awaLm is rontauwd in this Security ILsttument and in any rUkt(s)executed by Bo mwer and teeotdod with i4 WrtrUesves: N (SC21) FITCHM GGFMLE-Burroxr (Saal) -LAAALEE GO$ T _BNrnrwer � (Seal } (Scatl} "Bomrwer '[tort"wer (Scat) (S") -Btlrtower -Horn. , (Seal) (Sad) (3onowe. -Brxrl� sTATF:OF►vASEMGroN In:Counlyof KING on this day pct=NWly appeared bdlom me aiWwo GonoLE. NO L M FE UMEr to mg. known tobethe in&vid W described in and who examAcd the w0lin and fomijoing ins wW dict, and ed, ele twe and p }wt� same as fie and miurNary ad azd deed, for the Unesatal purposes (II V ♦iN Under my tlVk - �l this H day at t 999 i V"� araT Public to a� For 9fi[e d ar �ir`ry���=`� �MyAppoirs�nattFacp(teson�%�i'�S 1tT11r N t N ti 4k-l""wl (97411 PWIart rann]oea srwo KING,WA Page 8 of 9 Printed on 6/27/2008 10.56:50 AM Document: TDD 1999.03192831 i5ranen : wHri,VJGf'n1C7V tl4uci. ultt-it Ito i iLit, to r • F7 I;]LMIT A LOT 4 OF CITY OF RENTfON SHORT PLAT NO. SHPL-460-87, AS RECORDED UNDER RECORDING NO. 0805099006, AND THAT PORTION OF LOT 2 OF SAID SNORT PLAT; LYING SOUTHERLY 0 THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST COPUM' OF SAID LOT 4; THENCE NORTH 89029'00' EAST ON THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 226.50 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2; SAID POINT BEING SOUTH 00635'32" EAST A DISTANCE OF 326.8E-FEW FROM THE MOST !NORTHEASTERLY CORNER OF SAID LOT 2, AND THE TERMINUS OF THE HEREIN D6SCRIDRD LINE. 94 (BEING KNOWN AS LOT 8 OF CITY OF RENTON LOT LINE ADJUSTMENTP NO. LUA 95-093 LLA UNDER RECORDING NO- 9511299005.) N rN O 25 Page 9 of 9 Printed on 6/27/2008 10,56.51 AM KING,WA Document: TDD 1999.03192831 . J-iIUII4.I1 , YY m M N2ir11 IAYVIIN PORTFO rqT y.N WHEN RECORDED MAIL TO: WASHINGTON Batsicn Portfolio ScTSTxs LLC COUNTY Of NNG 116,115 Harbor Blyd._ Suiic :Fin LOAN NO 1. 702041213 PO BOX 2"070 LOAN NO 2 2021155417 SaraaArn.CA 9271N.6951 INVESTOR: Y+q++.�ln.i.ciil tia+i+. m01, NO 49190 Assignment of Deed of Trust FOR VALUE RECEIVED. the understgucd at B nellickin ("ASSIGNOR.'). Ircrcb} grants. comets. assigns:ad 1nrLsfcrs to FLEET MORTGAGE CORP. 1333 MAIN STREET. SUITE TOq COLUMBIA. SC 29211 ('Assigoce"1 al I bcrefrccil inhxcst under Ihat cerlaw Decd of Trust doled 311T199 v=1Icd }n MCNARD GORDLEY AN7 LAURA M GORDLEY Ttmwl Io GEORGE C. REJNIRI-155It TRU5TEE.INC. Tnam. Ind MOR11e11 uinsinrnicnt itonibcr 9993192b31 on 3fism in Book Plgc . of OlTxul Rcoords in the office ordic Coann Itccordcr of KIW WwbingknL as described w wid Lked of Tnisl Together u it h the rime or notes rlierern dcscrrlred or icfeurd io. dic worm diw and Io besvmc diw thereon st ith rrneresr. and o11 nghts accrued or to accnx under +ud Deed of Tirim Wind itW9 MATE MOUNTAIN SERVICES CORPORATION F.WA5i0L'.4CE ONE MORTGA5E SERVICES CORPORATON 21555 FARNtINGTON ROAD. FARMINGT 14L 43334 r 13+ _ B. LAGZI I ASS15TA WCEPRESIDENT STATE OF CALIFORNIA I ) SS Cot: N1-Y OF ORANGE ) Oil _.. t1J2199 bcfu[cnw. CLARAMfLlfOiiWN pcisontRlapr-red B. "NSM, ASSISTANT VICE PwsiDENT. pct."wili knrntfl to mile for pimed to me on Ih, basis of satisfactory midme) to be the persufs►ahosc runuls) nswi�c�obscrrtxd in the nithrn inurunient and acknoukdged io ine tl .t Wslr lba merited the sanir in lwl krilheir ainlhon/t$ captetgws)_ and that 61 hw 1wr ilicir sil;mmurctsl on the isti wnl the E personisl or ifk c[Nilr upon hchalf of nhrch the persoiR0 4ucd momicd the inslni item 51'1TY4E.5.5 nn_ Iwiw1 and official scai Ck @CLARA MELW" I NOT.ARYPUBLIC CL.ARAMELKONIAN COMM-1142M n urT"emJMaLaw 1 in11IN1111milli �rli��Ltti 4• A — M KING,WA Page 1 of I Printed on 6/27/2008 10:56:52 AM Document: TDD ASN 1999,0922001469 nrancn wpa, ,user ,niuu ... .. . VIUGl. V-t1J! IV Aaaav vaa�vv. ., u.. ............. �..-. 20070403001900.001 -,�Oq , w '? 4f dJ -17,0 0QR ujt�k CKA Filed for Record at Request of: Bishop, White & Marshall, P.S. 720 Olive WaySuite 1301 M", T.I;fii V MATMNA3. TM.11? Seattle, WA 98101 ; V'}(} [ 3 3 1;2 941 Document Title: Appointment of Successor Trustee Reference No.: 9903192831 Grantor: Washington Mutual Bank in successor in interest by merger with Washington Mutual Horne Loans, successor in interest by merger with fleet Mortgage Corporation Grantee: Bishop, White & Marshall, P.S. Abbreviated Legal: L. 4 City of Renton SP SHPL 060 87 Rec 8805099006 Tax Parcel No.: 334390-3563-04 Gordley, Richard and Lauralee/1239.07o412A APPOINTMENT OF SUCCESSOR TRUSTEE KNOW ALL MEN BY THESE PRESENTS: Richard Gordley and Lattralee Gordley are the grantor(s) and George C- Reinmiller Trustee, Inc. is the trustee, and Source One Mortgage Services Corporation is the beneficiary under that certain deed of Trust dated March 17, 1999, and recorded on March 19, 1999, under Auditor's File No_ 9903192831, records of King County, Washington. The undersigned Washington Mutual Bank in successor in interest by merger with Washington Mutual Home Loans, successor in interest by merger with FIeet Mortgage Corporation hereby appoints Bishop, White & Marshall, P.S., whose address is 720 Olive Way, Suite 1301, Seattle, Appointment of Successor Trustee - I FC-WA-ApptS=ThnteeiGen KING,WA Page i of 2 Printed on 6/27/2008 10:56:53 AM Document: TDD APP 2007.0403001900 Branch: WAK,User :Hj(ju Omer: 091J I ! 20070403001900.002 ` ' 10 WA 98101, as successor trustee under said deed of trust, s/he to have all the powers of said original trustee, effective forthwith. IN WITNESS WHEREOF, the undersigned beneficiary has hereunto set his/her hand; if the undersigned is a corporation, it has caused its corporate name to be signed and affixed hereunto by its duly authorized officers. DATED: kxd1 13 2,07 WASHWGTON MUTUAL BANK IN SUCCESSOR IN INTEREST BY MERGER WITH WASHINGTON MUTUAL HOME LOANS, SUCCESSOR IN WTEREST BY MERGER WITH FLEET MORTGAGE CORPORATION By: — ---- Aj iP STATE OF KA-) _ ) ) ss: COUNTY OF 'D a �tA- ) I certify that I know or have satisfactory evidence that AAA*-It(u,rde. is the person who appeared before me, and said person acknowledged that he/she signed du, instrument and acknowledged it as the _ 12tkIw of Wasbington Mutual Bank in successor in interest by merger with Washington Minis Home Loans, successor in ' by merger with. Fleet .Mo a Corporation , to iae the and volun act of such party for a es and purposes mentioned 'n the instrttmeu DATED/rd f DO My +ppt'Ex0res: C Appointment of Successor TnL tee - 2 FGWA-ApptSuccTrusteeIben r•� JAME-S C. MORRIS NOTARY PUBLIC-MINNESOTA MY COMNUSSaoN EXPIRES LAN.31,2009 KING,WA Page 2 of Printed on 6/27/2008 10:56:53 AM Document: TDD APP 2007.0403001900 DrdlIG11 `-VVtUN,,VnVj .11iVV . vfaF�.a. —....a.v a.............. _ _ .. 2000903002262.001 Return Address KING COUNTY CREDIT UNION 8012ND AVENUE, SUITE 100 SEATTLE, WASHINGTON 98104 [Space Above this Lure for Recording Data] Order No 8839584�� DEED OF TRUST Grantor(s)/bormwer(s) I Richard Gordley 2 Lauralee Gordley 3 4 Grantee/a-mgneelbencfictary KING COUNTY CREDIT UNION, Beneficiary CHICAGO TITLE INSURANCE COMPANY, Trustee Legal Description LOT 4 AND A PORTION OF LOT 2, SHORT PLAT NUMBER SHPL-060-S7, RECORDING NUMBER SS05099006. Additional legal description is on 8 Assessor's Tax Parcel ID# 334390-3563-04 THIS DEED OF TRUST is made this 30th day of August, 2004, among the Grantor, Richard Gordley and Lauralee Gordley husband and wife (herein "Borrower'), CHICAGO TITLE INSURANCE COMPANY (herein "Trustee"), and .the Beneficiary ICING COUNTY CREDIT UNION, a corporation organised and existing under the laws of the State of WASHINGTON, whose address is 801 2ND AVENUE, SUITE I00, SEATTLE, WASHINGTON 98104 (herein "LeKW) BORROWER., In consideration of the indebtedness herein rectted and the trust herein created, urevocably grants and conveys to Trustee, m bust, with power of sale, the followmg described property located m the County of King, State of WASHINGTON FULL LEGAL DESCRIPTION IS LOCATED ON PAGE 8 OF THIS DOCUMENT W 4SRINGTON - SECOND MORTGAGE - 1/8o-FNMA/MLMC UNIFORM IN4'rRUMENT Form 3848 (page l of g) wa2ndtd KING,WA Page 1 of 9 Printed on 6/27/2008 10:56:54 AM Document. TDD 2004.0903002252 tSrartc;ii . W 1tr1,iJ,ci .ixi", j 20040903002252.002 which has the address of WASIIINGrON [State] 2010 Jones Ave. NE [Street] 9M6 (harem "Property Address"}, [Zap Code] [Lily) Renton TOGETHER with all the improvements now or hereafter erected on the property, and all easements, nghts, appurtenances and rents (subject however to the rights and authonttes given harem to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust, and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a Icasehold) are hereinafter referred to as the "Property", TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated August 30, 2004 and extensions and renewals thereof (herein "Note'), in the principal sum of 0 S $ 30,000 00. with interest thereon„ providing for monthly installments of principal and interest, with the balance of the mdebte+dness, if not sooner paid, due and payable on August 30, 2014, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust, and the performance of the covenants and agreements of Borrower herein contained Borrower covenant, that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record UNIFORM COVENANT'S Borrower and Lender covenant and agree as follows 1. Payment of Pnncipal and Interest Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided m the Note 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum ( herein "Funds") equal to one twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) witch may attain priority over this Deed of 'Trust, and ground rents on the Property, if any, plus one -twelfth of yearly pnemtum installments for hazard insurance, plus one -twelfth of yearly premium mstaliments for mortgage msurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or Mate agency (includuig Lender it Lender is such an institution) Lender shall apply the Funds to pay Said taxes, assessments, insurance premiums and ground rents Lendcr may not charge for so holding and applying the Punch, analyzing said account or verifying and compiling said assessment, and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge Borrower and Lender may agree to wnung at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shah not be required to pay Borrower any interest or earnings on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Fluids showing credits and debits to the Funds and the purpose for which each debit to the Funds was made The Funds are pledged as additional security for the sums secured by this Deed of Trust If the amount of the Funds held by lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments. insurance premiums and ground rents a, they fall due, Borrower shall pay to Lender any amount necessary to make up the dcfictency in otte or more payments as Under may require Form 3848 {page 2 of 8 pages} K1NG,WA Page 2 of 9 Printed on 6/27/2008 10:56:55 AM Document: TDD 2004.0903002252 -Branch-WAK,User :HIGG" Order: b41.'j l /u 'i sue Vtxicer: rJ,-t;oniiuunt. . M...., �,.....w� 20040903002252.003 Upon payment to full of all sutras secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lwdcr If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, .Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust 3. Application of Payments Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lerider by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note 4 Prior Mortgages and Deeds of Trust; Charges, Liens. Borrower ,hall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a hen which has priority over this Deed of Trust, imcludmg Borrower's covenants to make payments when due Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any S. Hazard Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured agaimst loss by fire, hazards included within the term "extended coverage". and such other hazards as Lender may require and in such amounts and for such periods a, Lender may require The insurance earner providing the insurance shall be chosen by Borrower subject to approval by Lender, provided, that such approval shall not be unreasonably withheld Ail insurance policies and renewals thereof shall be in a form acceptable to Lender and shall mchide a standard mortgage clause in favor of and in a form acceptable to Lender Lender shall have the right to hold the policies and renewals. thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which hah priority over this Deed of Trust In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss if not made promptly by Borrower If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Leader to Borrower that the insurance earner offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust 6 Preservation and Maintenance of Property; Leascholds; Condominiurns, Planned Unit Developments Borrower shall keep the Property in good repair and shall not .commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold If tlru Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower',, obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents 7. Protection of Lender's Security If Borrower fails to perform the covenants and agreements contained in this Deed of 7 rust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, user Lender, at Lender's option, upon notice to Borrower, may make such appearancca, disburse such stems, mcludmg reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to mamtam such insurarce in effect until such fame as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law Any amounts disbursed by Lender pursuant to this paragraph 7, with mterest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Deed of Trust Unless Borrower and Lender agree to other terns of payment, such amounts shall be payable upon notice from Leader to Borrower requesting payment thereof Nothing contamed in this paragraph 7 shall require Lender to incur any expense or take any action hereunder & Inspection Lender may make or cause to be made reasonable panes upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property Form3841 (pagc3of$pagn) KING,WA Page 3 of 9 Printed on 6/27/2008 10:56:56 AM Document: TDD 2004.0903002252 Branch :WAK,User :HIGG Order: 6415 I70 ' Title Oiticer:' E Comment: otativa to .z, i .,� 20040903002252.004 9. Condemnation The proceeds of arty award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in heu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a hen which has priority over this Deed of Trust 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest Lander shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law shall not be a waiver of or preclude the exercise of any such right or remedy 11 Successors and Assigns Bound; Joint and Several inability, Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall mure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof All covenants and agreements of Borrower %hall be joint and sevcral Any Borrower who co-signs this Iced of Trust, but does not execute the Note, (a) is co-signuig this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower lereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property 12 Notice. Fxcept for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein 13 Governmg Law, Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located the foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to tors end the provisions of this Deed of Trust and the Note are declared to be severable As used herein, "costs", "expenses" and "attorneys' fees" mcludc all sums to the extent not prohibited by applicable law or limited herem 14 Borrower's Copy Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof 15. Rehabilitation Loan Agreeriient. Borrower shafl fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair or other loan agreement winch Borrower enters into with Lender Lender, at Lender's option, may require Borrower to execute and deliver to Lender, m a form acceptable to Lender, an assignment of any rights, chum- or defenses which Borrower may have against parties who supply Iabor, materials or services in connection with improvements made to the Property 16. Transfer of the Property or a Beneficial Interest m Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial tterest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in frill of all sums Secured by this feed of Trust however, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of Trost If lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a penod of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust if Borrower fails to pay these sums prior to the expiration of Farm 3848 (page 4 of 8 paM) KING,WA Page 4 of 9 Printed on 6/27/2008 10:56.57 AM Document: TDD 2004A903002252 Branch :WAK,User :HIGG Order: 6415170 'Title Otticer: h comment: ..�...........,. .,: _. 20040903002252,006 this pcnod, Lender may mvoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower NON -UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by winch such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this heed of Trust and sale of the Property at public auction at a date not less than 120 days in the future The notice shall further inform Borrower of (i) the right to reinstate after acceleration, (it) the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure, and (in) any other matters required to be included in such notice by applicable law. If the breach is not cured on or before the date specified in the notice, Lender at Leader's option may declare all of the sums secured by tits Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses Incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. If lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require After the lapse of such time as may be required by applicable law and after pubbeation of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated m the notice of sale in one or more parcels and in such order as Trustee may determine Trustee may postpone sale of the Property for a period or periods not exceeding a total of 30 days by public announcement at the time and place fixed in the notice of sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser 'Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein Trustee shall apply the proceeds of the sale in the following order. (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto, or to the Clerk of the Superior Court of the County in which the sale took place 18 8orrower's Right to Reinstate. Notwitimandmg Lender's acceleration of the sums secured by ties Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the tenth day before bale of the Property pursuant to the power of sale contained in this Deed of Trust or (u) entry of a judgement enforcing this Deed of Trust if (a) Borrower pays Lender all slims which would be then due under this Deed of Trust and the Note had no acceleration occurred, (b) Borrower cures all breaches of any other wvenants or agreements of Borrower contained in this Deed of Trust, (c) Borrower pays all reasonable expenses moumod by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof; including, but not limited to, reasonable attorneys' fees, and (d) Borrower takes such action as Lender may reasonably requre to assure that the hen of this Deed of Trust, Letider'b mterest in the Property and Borrower's obligation to pay the stuns secured by this Deed of Trust shall conlmue ummpmred Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to Form 3848 (page 5 of 8 pagcq KING,WA Page 5 of 9 Printed on 6/27/2008 10:56:58 AM Document: TDD 2004.0903002252 Branch :WAK,User :HIGG Order: 6415170 Title Officer: b Comment: Station is :1x i y 20040903002252.006 acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable Upon acceleration under paragraph 17 hereof or abandonment of the Property, fender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on recerver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust Lender and the receiver shall be liable to account only for those rents actually received 20. Reconveyance Upon payment of all sutras secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing mdebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property without warranty and without charge to the person or pensortb legally entitled thereto Such person or persons shall pay all costs of recordation, if any 21 Substitute Trustee. In accordance with applicable law, Lender may from time to tune appoint a buccetisor trustee to any Trustee appointed hereunder who hav ceased to act Without conveyance of the Property, the successor tru%tee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law 22. Use of Property. The Property rs not used principally for agricultural or farming purposes 23. "Riders" means all hiders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable] [ ] Adjustable Rate Rider [ ] Balloon Rider [ ] VA Rider [ ] Condominium Rider [ ] Second Horne Rider [ ] Planned lint Development Rider [ ] i-4 Family Rider [ ] Biweekly Payment Rider [ ] Other($) [specify] Form M48 (page 6 of it pages) KTNG,WA Page 6 of 9 Printed on 6/27/2008 10:56:59 AM Document: TDD 2004.0903002252 Branch :WAK,User `.HIGG Order: 641-')I'IU I itie vrticen z comment: I -JLdLl Vt2 IU .IJ11 20040903002252.007 LEGAL DESCRIPTION LOT 4 OF CITY OF RENTON SHORT PLAT NUMBER SHPL-060-87, RECORDED UNDER RECORDING NUMBER 8805099006, AND THAT PORTION OF LOT 2 OF SAID SHORT PLAT LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4, THENCE NORTH 89029'00" EAST ON THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 226 50 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 2, SAID POINT BEING SOUTH 00-35'32' EAST A DISTANCE OF 326 S8 FEET FROM THE MOST NORTHEASTERLY CORNER OF SAID LOT 2, AND THE TERMINUS OF THE HEREIN DESCRIBED LINE, (BEING KNOWN AS LOT B OF CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA 95-093 LLA UNDER RECORDING NUMBER 9511299005 ) K1NG,WA Page 7 of 9 Printed on 6/27/2008 10:57:00 AM Document: TDD 2004.0903002252 Branch :WAK,0ser :HIGG Orcler: b4 m ru i me vincur: r, �.uiiunciiu. 20040903002252,008 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has prionty over this Deed of Trust to give Notice to Lender, at Lender's addmz set forth on page one of this Deed of Trust, of any default under the supenor encumbrance and of any sale or other foreclosure action IN WIT S EREOF, ower has executed this Deed of Trust Borrower Richard ordley er Laur lee Gordley Borrower Borrower State of WASH NGTON } County of Kind } On this day personally appeared before the Richard Gordley and LaurskrGordley to me known to be the rndividual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed and sealed the said instrument as their free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of August, 2004 at Seattle My Appointn=t Expires on Sept. 8, 2005 ry Public in and for the Slate of WaslN,pgton, residing OVA Form 3948 (page 7 of 8 page,) KING,WA Page 8 of 9 Printed on 6/27/2008 10:57:00 AM Document: TDD 2004.0903002252 Branch: WAK;User :Hlliti Uraer: 041.31 ru l rrtc virr�cr. L: %. VHuIJWL. ..Y.. .. _ ..... _ ,� 20040903=252009 Loan 0 3532708-03 Order 8839584 CALL OPTION RIDER THIS RIDER is made this 30th day of August, 2004, and is incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument") of the same date, given by the undersigned (the "Borrower) to Secure Borrower's Note to KING COUNTY CREDIT UNION (the "Lender") of the same date (the "Note') and covering the property described in the Security Instrument and located at 2010 .cones Ave. NE, Benton, WASHINGTON M56 (Property Address) ADDITIONAL COVENANT In addition to the covenants and agreements made in the Security Instrument, Borrower and sender further covenant and agree as follows A Lender's Call Option During the thirty day period begmrung on a date five years from the date of the Mote, Lender shall have the option to require payment in frill of the sums secured by the Security instrument if Lender elects to exercise this call opnon, notice of such electron shall be given to Borrower who shall pay all such sums to Lender on the payment date speoffied in the notice, winch date shall be at least 60 days from the dale of mailing If Borrower fails to pay Such sum-, when due, Lender may invoke any remedies permitted by the Security Instrument IN WII'NF F, Bo has executed this Calt Option Rider (Scat) AA 0 f It lky& (Seal) char rdley61 _Borrower 4Axialec Gordley -Borrower (Seal) -Borrower CALL OPTION RIDER kngnd _ (Seal) -Borrower KING,WA Page 9 of 9 Printed on 6/27/2008 10:57,01 AM Document: TDD 2004.0903002252 Branch ,WAK,Uter,HI(it.i Urger: b4IJI 1u t rile UII1Cer: C uunt[ne111. 06"u I.:,. I"'.t ,.< 20070406001413.001 200 ®406001413 F111EL ITY N AY10 ZITS 37.00 KkCOtllITy. VA AFTER RECORDING RETURN TO: Bishop, White & Marshall, P.S. 206/622-7527 Ref: Gordley, Richard and Lauralee, 1239.070412.1 Reference Numbers) of Documents assigned or released: 9903192831 Grantor. Bishop, White & Marshall, P.S- Grantee. Richard Gordley and Lauralee Gordley U.10 i 313c;� UPI6 Abbreviated Legal Description as Follows: L_ 4 City of Renton SP SHPL 060 87 Rec 8805099006 Assessor's Property Tax Parcel/Account Numbers): 334390-3563-04 WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF TRUSTEE'S SALE I NOTICE IS HEREBY GIVEN that the undersigned Bishop, White & Marshall, P.S. will on July 6, 2007 at 10:00 am outside the Fourth Avenue entrance to the King County Administration Building, 500 41h Avenue, in the City of Seattle located at King County, State of Washington, sell at public auction to the highest bidder, payable, in the form of cash, or cashier's check or certified checks from federally or State chartered banks, at the time of sale, the following described real property, situated in ]Ding County, State of Washington, to -wit; See Attached Legal Description NOTICE OF TRUSTEE'S SALE - Rv antsFfmi l KING,WA Page I of 6 Printed on 6/27/2008 10:57:02 AM Document: NTS 2007.0406001413 ` ' . Branch :WAK,User :H1GG Order: 6415170 'l ttle-Uttrcer: t c:omment: OLUL,U11 l., .1. 1 V 20070406001413.002 which is subject to that certain Deed of Trust dated March 17, 1999, recorded March 19, 1999, under Auditor's File No. 9903192831 records of King County, Washington, from Richard Gordley and Lauralee Gordley, as Grantor, to George C. Reinmiller Trustee, Inc., as Trustee, to secure an obligation in favor of Source One Mortgage Services Corporation as beneficiary. Said Deed of Trust was assigned on September 22, 1999 to Washington Mutual Bank in successor in interest by merger with Washington Mutual Home Loans, successor in interest by merger with Fleet Mortgage Corporation under Auditors File No. 19990922001469 _ The sale will be made without any warranty concerning the title to, or the condition of the property. Il 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 default on the obligation secured by the Deed of Trust. III The default(s) for which this foreclosure is made is/are as follows: i) Failure to pay the following amounts, now in arrears: Delinquent Monthly Payments Due from 12/I/2006 through 411/2007: 5 payment(s) at $2301.78 Total; 11,50890 Late Charges: 4 late charge(s) at $91.86 for each monthly payment not made within IS days of its due date Total Late Charges 327.44 Accrued Late Charges: $1,074.20 Lender Other Fees 8.90 Subtotal $12,919.44 Less Suspense Balance $2,225.00 TOTAL DIEAULT $10.694.44 LTA The sum owing on the obligation secured by the Deed of Trust is: $216,698.03, together with interest from November 1, 2006 as provided in the note or other instrument, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute. V NOTICE OF TRUSTEE'S SALE - 2 Finattimfvo l.2 KING,WA Page 2 of Printed on 6/27/2008 10:57:03 AM Document: NTS 2007.0406001413 Branch : WAK,User :HIGG Order: 6415170 Title Officer: E Comment: Station In :iA t tx 20070406001413.003 The above described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The We will be made without warranty, express or implied, regarding title, possession, or encumbrances on July 6, 2007_ The payments, late charges, or other defaults must be cured by June 25, 2007 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before June 25, 2007 (11 days before the sale date) the defaults) as set forth in paragraph 111, together with any subsequent payments, late charges, or other defaults, islare cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after June 25, 2007 (I I days before the sale date), and before the We by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire 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, and curing all other defaults_ VI A written notice of default was transmitted by the beneficiary or Trustee to the Borrower and Grantor at the following address(es): See `Mailing List' attached hereto and incorporated herein by this reference. by both first class and certified mail on March 6, 2007, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on March 6, 2007, with said written notice of default or the written notice of default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting_ V11 The Trustee whose name and address are set forth will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale. Vill The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above -described property. 1x Anyone having any objections to this 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 Trustee's sale. X NOTICE OF TRUSTEE'S SALE - 3 Fcwantsrmfver12 KING,WA Page 3 of 6 Printed on 6/27/2008 10:57:04 AM Document: NTS 2007.0406001413 Bran-Ch :WAK;Usffr :HIGG Urder.. 641:Yt /U t ttte Ut7tcer: h t✓ornment: 20070406001413.004 NOTICE TO OCCUPANTS OR TENANTS The purchaser at the Trustee's Sale is entitled to possession of the property on the 20'h 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 200h 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. EFFECTIVE DATE: April 6, 2007 BISHOP, WHITE & MARSHALL, P.S., Successor Trustee By. - will iam L. AiSL4,Jr. 720 Olive Way, Suite 1301 Seattle, WA 98101 206/622-7527 State of Washington ) ) ss. County of King ) On this _—^y of April, 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared the above named person, to me known to be an Officer of Bishop, White &. Marshall, P.S., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath states that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto 19MI ed the-day.and-year first above written. . am : pple Yang !q. ' �r�� NOTARY PUBLIC in and for the State of �. ; ,,,•, •`" �; 4I'll � �, -:� °��i Washington at King County My APpt. FOP: a If` "st%V�"b�� NOTICE OF TRUSTEE'S SALE - 4 Fowantsnofm 12 KING,WA Page 4 of 6 Printed on 6/27/2008 10:57:05 AM Document. NTS 2007.0406001413 k ... ....... - ..... ... .. . . .. a 14 3,,%v N33GU3i3v 0 HERITAGE GLEN ol as W. 4 s Ste Develppment Al=lotes, LLC PRELIMINARY UTILITY PLAN WNW I- r z fn N O S A3a31NOw �,�.. ..... _..... 1 1 ----- two-; ,--- 3'N '3AW N33UH39Y m o w HERITAGE GLEN . "am , • silo usvaiops Wt0lssodules, LLC - ,m,. ri Z/IZIDOeesrsl ,ors we e,nrwx PREUMINARY DRAINAGE CONTROL PLAN ,yo, lbr n W 1 9 .r� I yam'% , v tl- awl 100 1 .#Or P-11 I 2 0 I VM-UN pa4EWA6---?t n�dp,A-A L)W-eST 6i A- iMAP prrcf /sT7zL�(VI La-4T-0 RI k iu r; 't NE 21ST ST C; 4� Ren c� 3 {C 12008 Kmg Cau my 0 11 1 1 87ft COMMENTS: Area around ditch elevations The information included on Ih4s map has been compiled by King County staff from a variety of sources and is subject to change without notice, icing County makes no representations or warranties, express or Implied, as to accuracy, completeness, timeliness, or rights to the use of such informaton. This document is not intended for use as a survey product. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, buL not limited to, lost revenues or last profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County. LQ K Date: VI W2008 Source: King County NAP - Property Information{http:7lwww.metrokc.gov7GIS?IMAP} It r NAP �k `y ��Mm".7, e]■ 3 IYJ ' a An t, k {Cl �N+gC�unty gg COMMENTS: Sue Rider Property next to Blueberry farm The information included on this map has been compiled by King County staff From a variety of sources and is subject to change without notice, King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be liable for any general, special, indirect, incidental, or consequenliai WKh damages including, but not limited to, lost revenues or last profits fesulting from the use or misuse ofthe information contained on this map. Any sale ofthis map or information an this map is prohibited except try written permission of King County. Date' 2ft3l2008 Source- King Gaunty MAP - Property Information{http:flwww.metrokc.govlGISliMAP} a 'rolo, 6 "Vry Fi '4Z G_" tmp.p- -Pip k c �7 P;T t- jo 'ov A&- .4dO Dl lit- - at- -V NE?,TotST P 0 Afl-TI-1 O :F- S it i MAP 0 eF I e nto n LA-T PMNjiexr- l s Nr 2taT 5T ru x 1� aU 7 046E: DI Tc W 3 C Ctlf3tl K mq Cou my p 187it COMMENTS: Area north of gordly property around ditch elevations The information included on this map has been compiled by King County staff from a varfety of sources and is subject to change Wthouf notice. King County makes no representations or warranties. express or implied, as to accuracy, completeness, timeliness, or rights to the use of such informafion. This document is not intended for use as a survey product King County shaft not be liable for any general, special, indirect incidental, or consequential damages induding, but not Ilmiled to, €ost revenues or lost profits resulting from the use or misuse or the information contained on this map. Any sale of LQ Kin this map or information on this map is prohibited except by written permission of King County. Date: 211 M008 Source: King County IMAP - Property Information{http:l7www.metrokc.gov/GISfiMAP) i MAP — i7 Irt Ci+/SOFA-�,1 w x t NE XTI-H ST 1 r Renton �0 6 Div S NE 21ST ST ?Arl -Drzf i n1 t� e 1\ ti -2�4" S+Drm tC } 20 N iii County 0 187tt COMMENTS: Storm water drainage locations The irsformativn included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King CounTy makes no representations or waranties, express or implied, as to accuracy, completeness, timeiiness, or rights to the use of such information. �( This docume l is not intended for use as a survey product. King County shall not 6e liable for any general, special, indirect, incidental, or consequential I ,\ damages including, but not limited to, lost revenues or lost profits resulting from dme use or misuse of the information conlained on this map. Any sale of this map or information on this map is pmhibded except by written permission of King County. ❑ate- 21151200a Source: King County ii • Pmperty Information (http:l)www.metrokc.govlGISfiMAP) NE 1ri-, I 1 J d! y J - `.fir".. -'tea\ �. C_. � : —�- - _ `'��'3�!► ems' Y�S�,, - �!_ ��' - �'afa `9,• •���� .a. \ �,.. _ _ ` ` _. - ' ;psi _��•� 16 d 'r �. a ice' "' "1, -,..� '• �\ _l\..: _ • s `� . AA turf. or .f ♦ r. +� �' '� � F � _ r `t 'ate y� ,...� � a. :_ ! � _¢•. �+� � � ri\ . Ay ^4an,y'; mow. •so '. �+. � �� �r ,: v a•� S 1 1 RW i �t 'IV • . �.r t � . ,�'� �. � .:.. _ . � t•. '. .. � � � . ..' , . '. s . '•'. _. .i .. � • � - ..• t � .. ,. - � ` _ _ , J .. Y-� • ', ., ;.r s- � .. �.; . _ ., . _ - .. . '1 _ � 'i Y a14_! �. ' � �. � _ � � � 1 � .` �� .. . . ... . :. ,. .� .�. . _ ��_ . - .. . -�. P "Ah�, MASTERBUILDER CONSTRUCTION aNbh:Yana i SE 30TH sT BEMEWE, WA 98004 Phone (425) 454-6340 June 30, 2005 City of Renton 1055 S. Grady Way Renton, WA 98055 To Whom It May Concern: Re: Request for stream reclassification. Please review the following reports to determine if this stream qualifies as a Category Five under the Critical Areas Ordinance. Thank you, Terry Dutro } QN- ©EVELOPMENT PLANNING C�Tr OF RENTON JUN3020 RECEIVED Jun 29 05 04a45p Rnn See;.hoff 425 )7-0994 P.1 Effigort Engineerm*g,Int DATE: 6129/05 TO: Terry Dutro, Masterbuitder Construc bon FAX: 425.454--8212 PHONE: 425 454-6340 NUMBER OF PAGES: FROM: Anne SeMhoff, Ellispert Engineering 425- 747 1799 RE: Quaiffcat ons Below is a brief summary of my qualftations. Education: BSCE, University of Washington,1977 Wedands Science CerffxaW, Unh ersity of Washington, 1996 Projects invohred with and services proMed: • Rioe property, Vashon Wetland detirteation and sir+earn buffer mitiga#on plan, • LinoWn propwriy, Vashon WedwW detineation and buffer restoration plan far wettand and stream. • Eastharn property, Lake Kathleen, King County Wettand dohneation and buffer reskra*m plan. Meridian Podnte Subdivision, Covington WedwW deiineation and r]t i igatkm plan. Creels Parts Townhorc, Kirkland Stream buffer enhanoement, mitigation plan and repcmt. IF YOU DO NOT RECEIVE ALL PAGES, PL( ASE CALL US AT 425-747-1799 RETURN FAX# 425-747-0994 l(NA h Isl Ave. S.W. VWtcw, Way {.ft7(1 1e.*1 Axxw (2Wo)-i63-5111 cu I (Mlu)23s-55!() VAX (,.10) 4(xi-257� '4 Rpr 26 05 06•.21a Rnne Seethoff 425--1`7-0994 P.2 ,L-4 IYjIIt' ITII10. 11' W, Lauralee Gordiey 2010 .!ones Ave NE Renton, WA 98056 RE Stream dassificabw, Parfet No. 334934563 :cant 25, 2005 Oear I.aurakhen, As you requested, I ba" TeW&Aed #* City of Renton's proposed chasXM to their finical ArE rregVlabms b dalem*m what would be the clamftation of the d avS*V youc lxVpecty, The wedand report dated Vece� 19% d=jssirag ff`re r vUW in this area Ceded this ,a Class 3 shvam_ T his report is irrGudede in my Wedand De reat;on Report dated Ocktmr 20. 2OD4. Based on the proposed code re,risiom tt- alma irrspac to deVermirre Z wetiand status wauid still not be =zidered a wind as Wised m my oL'tgw ze retort The cha nel ems"V your property thort'i the nth to the noM rrreetr, the ariterm for a Chris 5 sb-eam based m Ow t slay of the area. The water tkav k" in this dannet onginabes south of NE 20r" St, in fie bombe" field on Parcel No. 3343903240_ in the hate t 9Ws, the property drums+' of Vft parted ctwoo5e to draFn the area rwhm the Wue berries are currenW g:rwtrx,} by cdkK ing 4* rtmoff f orn Ow street and #Xur parcdand directing it to a culvert inserted under NE 24P SL At the culve+t WOO a gannet was dug north and "uvi g t4 " pond on what is rKm Par od No 3343903203. see the allached Figure 9. When this channel was dug angina y, it was plated in an eamm a L The C%Ws proposed CxlboW Areas mvmons ddine a CM 5 strea n as watr2rs which flow w► tm an sty meted dowd where no rate+-detuted diancel had previously emsLed. After mvmwv of older maps aW the henry of the era, #sere is no indication a scream bowed north iota: the area thrat because the W eberry field. Fish do rom me fts ch►onrrel. Class 5 stems wilt be non.regulaWl under the pvposed Cnft:al. Areas revisions_ No buffer. will to regrmred arvmW the ctm of crossav you' property. if you t>ave any addibonal quesbons cormwning this sires daW6cabon or the Weviotrs vwoftnd delmeabion, please call me at (425) 747--1799. SirkNe". Iq Anne Seetlwfl, PE Frohecd Engineer .',(N)l Sls1 Avv- 1-11 . V;i- ihon. ALA ().V)70 �I�:-��•��1r{uric• d ;(xtp �it�; 5;11 !`AX (.100) '503 :578 d. %f :, a ,f. .1> > , `I u ' ff . THE WATERSHED COMPANY March 2, 2007 Terry Dutro Masterbuilder Construction 10711 SE 30h Street Bellevue, WA. 98004 Via email: mbcC@oz.nct Re: Wetland Determination at Dutro Property — T Cyroiect number 070210 Dear Mr. Dutro: fiE6`tlE ' &. O' E'S,i G N Thank you for meeting us at your property located on NE 20'6 Street in the City of Renton. On February 23, 2007, Watershed Company Senior Ecologist, Hugh Mortensen and I conducted a wetland determination and delineation study at the subject property (parcel number 3343903201). The City of Renton is concerned that fill added to the site around September of 2006 was placed in wetland areas. Our study is to determine whether filled areas were previously wetland, and if so, to delineate the edge of the wetland on -site. This letter summarizes the findings of this study and details applicable federal, state; and local wetland regulation. The following attachments are included with this letter: • Wetland Delineation Sketch • Wetland Determination Data Forms • Ecology Wetland Rating Form Methods We used methodology from the Washington State Wetlands Identification and Delineation Manual (Manual) (Washington State Department of Ecology [Ecology] 1997) to make a wetland determination at the Dutro site. Soil, vegetation and hydrologic data were sampled and recorded at two undisturbed locations on -site. The Dutro site has been altered such that vegetation and soil are removed, and hydrology may also be affected. Typical methods of making wetland determination are rendered ineffective; at altered areas on -site. Instead, we used the protocol outlined in Section F: Atypical Situations of the Manual to make the determination. Paragraphs 71 through 75 of Secriorz F outline acceptable Methods of asscssing vegetation, soils and hydrology before the alteration occurred. Our wetland determination and delineation was based on the protocol outlined in this section, and is outlined below. 75a Sixth Streat South Kirkland, WA 98033 p 425.822.52Q le' 425.827.8136 - watershedco_com w Dutro, T. March 2, 2007 Page 2 of 8 Vegetation: 1. We noted the type of alteration and its affect on vegetation in the area. Furthermore, we noted the extent of altered area on -site. 2. We determined the type of vegetation that existed prior to alteration evidence gathered from the following sources. • Examination of filled areas for remnant vegetation or signs thereof Aerial and bird's-eye view photography of the site prior to alteration • Review of previous reports that noted vegetation assemblages a) Entranco, Inc. report; December, 1996 b) Habitat Technologies report; April, 2003 c) Ellisport Engineering, Inc. report; October, 2004 d) del Moral report; September, 2006 e) Watershed letter; July, 2005 Review of on -site photographs within the above reports • Vegetation near, but not affected by the alteration * IndividuaI accounts of the area prior to alteration from: a) Senior Watershed Ecologist, Hugh Mortensen b) The Contractor c) The Owner 3. Last, we determined whether the plant community prior to the alteration constituted hydrophytie vegetation based on evidence gathered from these sources. Soils: I . The type of alteration at the Dam ,Site was determined and rioted. We also determined when the alteration took place. 2. We used methods to reconstruct the soil type that existed previous to alteration using methods outline in Section F, as listed below. • Examination of buried soils with a machine -excavated soil pit • Review of NRCS soil survey • Recollection of alteration methods from those who altered the area • Examination of soils adjacent to the altered area Dutro, T. March 2, 2007 Page 3 of 8 We determined whether soils were hydric before the alteration using evidence gathered from the above sources_ Hydrology: l:. We determined how the alteration affects flow of water through the site, with attention to whether the frequency and duration of inundation or saturation has changed. 2. We gathered evidence to characterize hydrology before the alteration occurred using the following sources. « Aerial photography • Examination of hydrology in machine -excavated pit • Record of hydrology from the reports listed above • Examination of hydrology adjacent to altered area We used previous delineation sketches, recollection of site conditions prior to alteration, and all the other sources used above to determine the: boundary of Wetland A_ Wetland A is marked with I pink- and black -striped flags. Data Points are marked with yellow- and black -striped flags; two are located near the boundary of Wetland A in a location that was not previously filled near the south boundary of the property. We rated Wetland A using the classification system under 14t(I)(a) of the Renton Municipal Code (RMC). We also rated Wetland A using the Washington State Wetland Rating Sysrern for Western Washington (Ecology publication # 04-06-025). Though Renton does not require wetlands to be rated with this, we have added it for clarity. We used the resources noted above to rate the wetland found at the subject property. Findings In reviewing all sources of data, we determined that wetland existed on the south portion of the Dutre site prior to the alteration. The variety of sources of data used in place of the traditional soil, vegetation and hydrology protocol confirm the presence of an historic wetland that was eliminated by the addition of fill material. We delineated the wetland boundary as best as possible using the above sources of information. Figure 1 • Approximate area of fill in relation to the approxiinite location of the edge of Wetland A Dutro, T. March 2, 2007 Page 4 of 8 Much of the southern half of the Dutro site was filled in September of 2006 (See Figure 1). Fill material was added to areas extending from approximately the edge of the former house in the east to the western parcel line in the west. The fill extends from near the south boundary of the site to near the existing fruit trees on the northern half of the property. Approximately 18 inches of fill material was added to the area roughly indicated on Figure 1. Before fill was added, approximately 5 to 8 inches of the A and B horizon was removed and stockpiled. Fill was added, and a portion of the stockpiled native topsoil was backfilled over the imported material. Vegetation: No vegetation or evidence thereof from the area prior to filling remains. We could not directly assess the hydric status of the vegetation communities existing prior to alteration. Other sources of information were useful, howcYcr. A south -facing bird's eye photograph from Windows Live Local (http//Iocal.live,com) shows vegetation at the Dutro property only a year before filling occurred. The reproduction of the image in this report is expressly prohibited; however, it can be accessed at the above -referenced site. The photograph, taken in the summer, shows a stand of red alder (Alnus ntbra, FAQ just off -site to the west of the property, and a row of Douglas spirea (Spiraea douglasii, FACW) just inside the property line. Emergent vegetation is shown between the row of Douglas spirea and the depicted house. Further investigation of the area using the bird's eye photography shows dry conditions on neighboring properties. The brown lawns in non -wetland areas are contrasted by lush green emergent vegetation in the south portion of the Dutro site. An October 20, 2004 Ellisport Engineering, Inc. report cites the presence of soft rush (Juncus effuses, FACW), creeping buttercup (Ranunculus repens, FACW), and grasses (typically considered FAQ in this south emergent area (Ellisport, 2004; page 4). Furthermore, a photo from that same Ellisport report clearly confirms the presence of Douglas spirea along the western edge of the property (Ellisport, 2004; page 15, second photo). Senior Watershed Ecologist, Hugh Mortensen conducted a site visit on July 1.8, 2005 to review previous delineations. In a July 19, 2005 letter to Nancy Weil of the City of Menton, Mr. Mortensen confirms the presence of creeping buttercup in the southern portion of what is now the Dutro Figure 2. February 23, 2007 photograph of creeping buttercup (FACW) and reed canarygrass (FACW) in the southern portion of the Dutro site. Dutro, T. March 2, 2007 Page 5 of 8 property. Furthermore, his recollection of site conditions are consistent with the aerial photo and Ellisport report. Creeping buttercup and grasses are growing on -site just south of the filled area. Figure 2 depicts this area. The emergent vegetation in the foreground is reed canarygrass (Phalaris arundinacea, FACW) and creeping buttercup. Vegetation adjacent to filled areas is hydrophytic. The vegetation in the south portion of the DutIo site, prior to filling, was hydrophytic. Soils: Machine -excavated soil pits, shown in Figure 3, exposed a layer of approximately 18 inches of fill material added to the south portion of the Dutro site. The dark top layer of material is native soil that removed and backfilled over the fill material once it was in place. The condition of the soil was too drastically altered to conclusively determine whether it was hydric before alteration. The NRCS website (http://websoilsurvey. nres.usda.gov/app/WebSoilSurvey.aspx) shows this area to consist of Shalimar Muck and Indianola Loam. Shalimar muck is a hydric soil. The soil at 10 inches, just south of the area filled (See Delineation Sketch) is a Figure 3. February 23, 2007 photograph of a machine- black (10YR 2/1) sandy loam with no excavated soil pit. redoxirnorphic features. This soil color meets wetland criteria and is likely representative of what existed in filled areas prior to alteration. Hydrology: Our findings suggest that soils were sufficiently saturated for periods extending into the growing season before fill material was added to the site. Ground -water interaction within the rooting zone was eliminated when fill raiser] the elevation of the soil surface. Furthermore, the fill pad is slightly sloped and void of depressions. The fill may shed precipitation as runoff instead of allowing it to infiltrate. The machine -excavated soil pits showed the level of the current water table. Water flowing down the sides of the pit was noted at a depth of 20 inches. This suggests that at the time of our visit, the water table was at the depth near or consistent with the original grade. Dutro, T. March 2, 2007 Page 6 of 8 Furthermore, the water table was five inches below the surface of the soil at DP A-2, just south of the filled area. Filled areas were at or below the level of this soil pit. Hydrology at DP A-2 is likely representative of hydrology in areas near the south property line now covered by fill. Data on hydrology from reviewed reports shows both saturated and dry conditions at the Dutro site. Both del Moral (in a 2006 report), and Ellisport Engineering, Inc. (in a June 29,-2005 letter to Terry Dutro) suggest the area has undergone a gradual drying trend, and that wetland area on what is now the Dutro site described in the 1996 Entranco report is slowly disappearing. However, both Ellisport and del Moral based said conclusion on site visits conducted in October of 2004 and September of 2006, respectively. Both visits were conducted at the end of the typically dry season in the Northwest. The summer of 2006 was one of the driest on record (http://www.kornot-v.com/news/5051876.litm]), Though conditions are typically dry in mid or late summer at the Dutro site, soils are likely saturated for a frequency and duration sufficient to meet wetland criteria set forth in the Manual. Wetland A The attached Wetland Delineation Sketch shows the approximate location of the on -site delineated boundary of Wetland A. Wetland A is located on the southwest portion of the Dutro property and extends off -site to the southwest. Portions of Wetland A are currently beneath fill. We found that the boundary of the wetland, as it crosses the Dutro property, roughly follows the original line delineated by Entranco (shown in Figure 5 of their 1996 report). Our delineation is also based on Mr. Mortensen's recollection of the area previously dominated by the hydrophytic plant, creeping buttercup, the bird's-eye photograph of the site prior to filling, and a careful review of the above -mentioned sources of information. Five pink wetland flags are shown in Figure 4. The photograph was taken on February 23, 2007 looking east from the western property line. Area to the right (south) of the flags shown is filled wetland. Data Pit 1, just outside the boundary of Wetland A is characterized by a black (10YR 2/1) sandy loam soil at 10 inches, with no redoximorphic features. Creeping buttercup, field grass and dandelion (Taroxacum ocinale, FACU) dominate the area. Free water was at 18 inches below the surface of the soil. Figure 4. February 23, 2007 photograph of delineated wel#and edge_ Photograph is looking east. Dutro, T. March 2, 2007 Page 7 of 8 Wetland A is a Category 2 wetland. "Wetlands of any size located at the headwaters of a watercourse..." are a Category 2 wetland per Chapter 3 of the Renton Municipal Code. Wetland A is within the headwaters of a watercourse. This rating is consistent with the findings expressed in Mr. lvlortensen's 2005 letter to the City of Renton, According to Ecology's Wetland Rating Form, Wetland A scores 10 points for Water Quality Functions, 12 points for Hydrologic Functions and 15 points for Habitat Functions. It scores 37 total points and is a Category III wetland. It should be noted that the City of Renton does not use this form for determining buffer width. Renton regulation & Wetland Restoration: The City of Renton requires that an applicant restore wetland areas that have been filled without authoiization (RMC Section M(9)(e)). Fill should be removed from the area following an approved restoration plan. The applicant must create a planting plan to revegetate the impacted wetland area. The applicant shall provide for "construction, maintenance and monitoring of replacement wetlands...," as outlined in Section M(9)(b) of the RMC. Wetland Buffers and Building Setbacks: The City of Renton regulated wetland buffer widths under section M(6)(c) of the RMC, Chapter 3. Buffers are based on wetland Category. Wetland A, a Category 2 wetland, requires 50-foot buffers. Renton does not require that buildings be set back from wetland buffers_ We recommend a setback of five feet in order to allow for building construction, maintenance and repair without buffer impacts. Further development standards outlined under Scetion M(6)(c)(ii) should be followed to minimise the impact to wetland areas. Buffer Modifications: Buffers may be modified though a buffer enhancement plan as outlined in section M(6)(e)(ii) of the RMC. The buffer vegetation prior to filling was largely weedy and provided limited habitat function at the Dutro site_ Execution of a thoughtfut buffer mitigation plan will likely lead to improved habitat and water quality functioning of the buffer at the Dutro site. Renton may accept up to a maximum 25% reduction in buffer width at the Dutro site in light of this. Sections M(6)(e)(iii), (iv) and (v) of the RMC outline further guidelines for creating and submitting enhancement plans to the City of Renton. Buffer averaging is another buffer modification alternative to reduction with enhanceent. Since averaging may only be used if existing buffer areas are of high quality, this may not be a viable option at the Dutro site. State and Federal Regulations Wetlands are also regulated by the U.S. Army Corps of Engineers (Corps) under section 404 of the Clean Water Act. Any filling of Waters of the State, including wetlands (except isolated wetlands), would likely require notification and permits from the Corps. Wetland A would not r Dutro, T. March 2, 2007 Page 8 of 8 be considered isolated by the Corps. Federally permitted actions that could affect endangered species (i.e. salmon or bull trout) may also require a biological assessment study and consultation with the US. Department of Fish and Wildlife and/or the National Marine Fisheries Service. Application for Corps permits may also require an individual 401 Water Quality Certification and Coastal Zone Management Consistency determination from Ecology_ To satisfy Corps 404 requirements, fill should be removed from the wetland area under an approved restoration plan similar (if not identical) in scope to City of Renton standards. Please note that the findings of this letter, including the wetland rating and predicted buffer widths, are subject to the verification and agreement of local, state, and federal regulatory authorities. Please call if you have any questions or if we can provide additional information. Sincerely, Mike Foster Ecologist Enclosures WETLAND DETERMINATION DATA FORM 2 THE WATERSHED COMPANY Date: February 23, 2007 Project dame: Renton Dutro_ Biologist(s): MF, HM 750 Slxth Street South Kirkland, Washington 98033 (425) 822-5242 Fax (425) 827-8136 WETLAND? YES N Data point: DP A-1 Wetland # : A Datapoint location: 30' SE of old house location Do normal environmental conditions exist? YES NO Has vegetation, soils Wor hydrology been significant rsturbed within the Stratum: T=tree. S=shrub. H=herb. V=vita VEGETATION 5 vrs?l YES) NO (mo Dominant Species Stratum WIS Other Species Stratum WIS Ranunculus re ens H FACW Field grass H FAC Tarexacum officinale H FAGU Percent of dominant species that are FAC, FACW or OBL 67% Vegetation criteria met? YES NO Notes: SOILS Depth Horizon Matrix Color (DiM°tilescUPrTexture atinomineNY 10" B 10YR 211 none Sandy Loam Soil Criteria Met? Notes: Eel HYDROLOGY Surface saturation? YE NO Primary Indicators: (i requirad) Depth to saturation 2" Observation of inundation Depth of inunda n N/A Observation of soil saturation Depth to free ater r pit '18" _ Water marks Flow` YES NO _ Drift lines or drainage patterns Channel? Sheet? Sediment deposits Hydrologic Criteria Met? YES NO Recent rainfall: Very hig Notes: Considering the amount of rain over the winter, And free water in the pit closer to the surface, conditions thr Hydric Indicators: x GleyedlLow Chroma Sulfidic odor Histosol Other (list in notes) Secondary Indicators: (>_z required) Oxidized root channels water -stained leaves Local soil survey data FAC-neutral test Normal Low Very law oect saturation at the surface consistent with the "in" soil pit. WILDLIFE OBSERVATIONS AND GENERAL NOTES WETLAND DETERMINATION DATA FORM THE WATERSHED COMPANY uate: t-eDruary Z3, zuuI Project Name: Renton Dutro Biologist(S)_ MF, HM 754 Sixth Street South Kirkland, Washington 98033 (425) 822-5242 Fax (425) 827-8136 WETLAND? � YES) NO Datapoint, DPA-2 Wetland # : A' _ Data point location: S of DPA-1 Do normal environmental conditions exist? YES NO — not In the filled area Has vegetation, soils &/or hydrology been si(Tn' ' ntIv disturbed w(thin the past 5 StrWerm- T=tree_ S-shnlh_ N_herh V=vina VEGETATION YES) NO mowed Dominant S ecies Stratum WIS Other Species Stratum W IS Ranunculus re ens H FACW Fhalaris arundinacea H FACW Percent of dominant species that are FAC, FACW or OBL 100% Vegetation criteria met? YES NO Notes : SOILS Depth Matrix Color Mottles _� h HiM _. _ {Ci5Eln4{ffirp-Nngnli Texture ^ 11011 B 10YR 2/1 None Sandy Loam Soil Criteria Met? YES NO Notes: Hydric Indicators: X Gleyed/Low Chroma Sulfidic odor Histosol Other (list in notes) HYDROLOGY Surface saturation? (�) NO Primary Indicators: (1 required) Secondary Indicators: (>-2 required) Depth to saturation _ Observation of inundation Oxidized root channels Depth of inundation NIA X Observation of soil saturation Water -stained leaves Depth to fre ate 'n pit 5" _Water marks Local soil survey data Flow? YES,NO _ Drift lines or drainage patterns FAC-neutral test Channel? heet? _ Sediment deposits Hydrologic Criteria Met? G�) NO Recent rainfall: Very hig High Normal Low Very low Notes. WILDLIFE OBSERVATIONS AND GENERAL NOTES WETLAND DETERMINATION DATA FORM THE WATERSHED COMPANY Date: February 23, 2007 Project Name: Renton Autro Biologist(s): MF, HM 750 Sixth Street South Kirkland, Washington 98033 (425) 822-5242 Fax (425) 827-8136 WETLAND? YES NO Data point: DP A-3 Wetland # : A Data point location: W parcel line Do normal environmental conditions exist? YES NO Has vegetation, soils Wor hydrology been significant sturbed within the .gtnghim• T frP..- =chnfh 14=harh. V-uinp VEGETATION 5 vrs?l YES 1 NO (fill a Dominant Species Stratum WIS Other Species Stratum 1NiS Ranunculus re ens H FACW Phalaris arundinacea H FACW Percent of dominant species that are FAG, FACW or OBL 100% Vegetation criteria met? YES NO Notes: SOILS Depth Horizon Matrix Color (UiMottles 7 grjl3CWPlOM171118l1t) I exture 10" B 1OYR 212 Yes Loam Soil Criteria Met? Notes: Hydric Indicators: X GleyedlLow Chroma Sulfidic odor Histosol Other (list in notes) HYDROLOGY Surface saturation? YES NO Primary Indicators: (1 required) Secondary Indicators: (�2 required) Depth to saturation _ Observation of inundation Oxidized root channels Depth of inunda ' NIA Observation of soil saturation Water -stained leaves Depth to free ater pit 10" _ Water marks Local soil surrey data Flow? YES NO _ Drift lines or drainage patterns FAC-neutral test Channel? Sheet? Sediment deposits Hydrologic Criteria Met? GDNO Recent rainfall: Very hig :Xpect Normal Low Very low Notes: Considering the amount of rain over the wintersaturation at the surface And free water in the oit closer to the surface, conditions that are consistent with the "in" soil pit. WILDLIFE OBSERVATIONS AND GENERAL NOTES WETLAND DETERMINATION DATA FORM THE WATERSHED Date: February 23,_2007 Project Name: Renton Dutro Biologist(s): MF, HM Do normal environmental conditions exist? YE Has vegetation, soils Wor hvdrologv been sicinifi Stratum: T=tree. S=shrub. Hrerb_ V=vine Data point: DPA-4 Data point location: A- near filled area sturbed within the VEGETATION 750 Sixth Street South Kirkland, Washington 98033 (425) 822-5242 Fax (425) 827-8136 WETLAND? YES ANC Wetland # : A N of DP A-3 5 yrs?� YES) NO filled Dominant Species Stratum WIS Other Species Stratum WIS Lawn grass H FAC Percent of dominant species that are FAC, FACW or OBL 100% Vegetation criteria met? YES NO Notes: SOILS Mottles Depth - Horizon ` Matrix Color DislmcWroninenl) Texture_ 10" 6 1dYR 312 None Sandy Clay Soil Criteria Met? YES Notes: HYDROLOGY Surface saturation? YES (�D Primary Indicators: (t required) Depth to saturation NfA _ Observation of inundation Depth of inundation NIA X Observation of soil saturation Depth to free in pit NIA - Water marks Flow? YE NO Drift lines or drainage patterns Channel? eet? _ �_. Sediment deposits Hydrologic Criteria Met? YES NO Recent rainfall: Very hig H Notes: Hydric Indicators: Gleyed/Low Chroma Sulfidic odor Histosol Other (list in notes) Secondary Indicators: (�2 required) Oxidized root channels T Water -stained leaves _ Local soil survey data FAC-neutral test Normal Low Very low WILDLIFE OBSERVATIONS AND GENERAL NOTES WETLAND RATING FORM — WESTERN WASHINGTON Name of wetland (if known): Renton Dutro Location: NE I/a of SEC: 05 TWNSHP: 23N RNGE: 05E (attach map with outline of wetland to rating form) Person(s) Rating Wetland: NT, HM Affiliation: The Watershed Company Date of site visit: February 23, 2007 DRAFT SUMMARY OF RATING Category based on FUNCTIONS provided by wetland Z II III X IV Category I = Score >70 Score for Water Quality Functions ltl Category 11= Score 51-64 Score for Hydrologic Functions 12 Category III = Score 30-50 Score for Habitat Functions 15 Category IV = Score < 30 TOTAL score for functions 37 Category based on SPECIAL CHARACTERISTICS of wetland El I_ II_ Does not Apply Final Category (choose the "highest" category from above) Check the appropriate type and class of wetland being rated. .':Wetlan8 Ty Wetind'`Glass.: Estuarine De ressional X Natural Heritage Wetland Riverine Bog Lake -fringe Mature Forest Slope Old Growth Forest Flats Coastal Lagoon Freshwater Tidal Interdunal None of the above Wedand Rating Form — westorn WishiirgLon t August 2004 Does the wetland being rated meet any of the criteria below? If you answer YES to any of the questions below you will need to protect the wetland according to the regulations regarding the special characteristics found in the wetland. altol li. Y 1°t7 �? .. __ _-11:�:=`1x -.. - f a - •-- , �.. - SP1. Has the wetland been documented as a habitat for any Federally listed Threatened or Endangered plant or animal species (TIE species)? For the purposes of this rating system, "documented" means the wetland is on the X appropriate state or federal database. SP2. Has the wetland been documented as habitat for any State listed Threatened or Endangered plant or animal species? X For the purposes of this rating system, "documented" means the wetland is on the appropriate- state or federal database. SPI Does the wetland contain individuals of Priority species listed by the WDFW for the state? X SP4. Does the wetland have a local significance in addition to its functions? For example, the wetland has been identified in the Shoreline Master Program, the Critical Areas Ordinance, or in a local management plan as having special X significance. To coin lete the next part of the data sheet yLy will need to deterinine the Hydrogeomorphic Class of the wetland being rated. The hydrogeomorphic classification groups wetlands into those that function in similar ways. Classifying the wetland first simplifies the questions needed to answer how it functions. The Hydrogeomorphic Class of a wetland can be determined using the key below. See p. 24 for more detailed instructions on classifying wetlands. Wetland Rating Forth — western Washington 2 Augvst 2004 Classification of Vegetated Wetlands for Western Washington Wetland Name: Renton Dutro Date: February 23, 2007 1. Are the w er levels in the wetlan usually controlled by tides (i.e. except during floods)? NO — go to 2 YES — the wetland class is Tidal Fringe If yes, is ater during periods of annual low flow below 0.5 ppt (parts per thousand)? YES — Freshwater Tidal Fringe NO — Saltwater Tidal Fringe (Estuarine) If your wetland can be classified as a Freshwater Tidal Fringe use the fauns forRiverine wetlands. If it is Saltwater Tidal Fringe it is rated as an Estuarine} wetland. Wetlands that were called estuarine in the first and second editions of the rating system are called Salt Water Tidal Fringe in the Hydrogeomorphic Classification. Estuarine wetlands were categorized separately in the earlier editions, and this separation is being kept in this revision. To maintain consistency between editions, the term "Estuarine" wetland is kept. Please note, however, that the characteristics that define Category I and II estuarine wetlands have changed (see p. ), 2. Is the topogra y within the wetland t and precipitation is only source (>90%) of water to it. NO — go to 3 YES — The wetland class is Fiats If your wetla be cl as a "Flats" wetland, use the form for Depressional wetlands. 3, Does the wetland meet both of the following criteria? ❑ The vegetated part of the wetland is on the shores of a body of open water (without any vegetation on the surface) where at least 20 acres ($ ha) are permanently d (ponded or flooded); ❑ f t 3 of the open water area is deeper than 6.6 ft (2 m)? NO — YES — Thewetland class is Lake -fringe (Lacustrine Fringe) 4. Does teet all of the Following criteria? ❑ The wedand is on a slope (slope can be very gradual). ❑ The water flows through the wetland in one direction (unidirectional) and usually comes from seeps. It may flow subsurface, as sheetflow, or in a swale without distinct banks. ❑ The water leaves the wetland without being impounded'? NOTE: Surface water does not pond in these type of wetlands except occasionally in very slnall ssions or behind hummocks (depressions arr usually <3? diameter cu ess than afoot deep). NO — go to 5 YES — The wetland class is Slope 5. Is the wetland in a v channel where it gets inundated by overbank flooding from that stream or river`? in gen , e oo uld occur at least once every two years to answer `"yes. " The wetland can Conlccin pressfons Char are frlle ith water when Me river is nut fluuding. NO -go to 6 YES — The wetland class is Riverine 6. Is the wetland in a to egression, outside areas that arc inundated by overbank flooding, in which water ponds, or is saturated to the surface, at some fit at any outlet, if present, is higher than the inlerior of the wetland. NO — go to 7 YES — The wetland class is Depressional Weiland Rating Form — western Washingtau 3 August 2004 7, Your wetland seems to be difficult to classify. For example, seeps at the base of a siope may grade into a riverine floodplain, or a small stream within a depressional wetland has a zone of flooding along its sides. Sometimes we find characteristics of several different hydrogeomorphic classes within one wetland boundary. Use the following table to identify the appropriate class to use for the rating system if you have several HGM classes present within your wetland. NOTE: Use this table only if the class that is recommended in the second column represents I0% or more of the total area of the wetland being rated. If the area of the second class is less than 10% classify the wetland using the first class. FI .M Cltlss-kViz�ziii:a iir[ a e_d tlaiid ea =Class Slope + Riverine Riverine Slope + De ressional De ressional Slope + Lake -fringe Lake -fringe De ressional + Riverine along stream within boundary De ressional De ressional + Lake -fringe De ressional Salt Water Tidal Fringe and any other class of freshwater wetland Treat as ESTUARINE under wetlands with speci al characteristics If you are unable still to determine which of the above criteria apply to your wetland, or you have more than 2 EGM classes within a wetland boundary, classify the wdland as Depressional for the rating. Wetland Raling Form — western Washington 4 August 2004 - Olftl' - WATEk'-.QVkLIT_ Y. D D 1. Does the wetland have the rpotential to improve water qua! Ut? (see p. 37) D 1.1 Characteristics of surface water flows out of the wetland: DW .......................................... points = 3 Wetland has an flowing, orhighlyconstricted, o el ..... ...................... points = 2 intermittently flowing, 2 a .................................. points = I et an Wet Wetland is flat and has no obvious outlet, or outlet is a ditch ................................I....."- points = 0 D 1.2 The soil 2 inches below the surface is clay, organic,_� (hydrogen sulfide or D rotten eggs), 0 YES 2oints = 4 NO points 0 'Ills D 1.3 Characteristics of persistent vegetation {emergent,%l Tub, and/or Co class)-. D Wet a ........................................ points = 5 -tland has persistent, ungrazed, vegetation > = 1/2 of are ..................................... points = 3 3 Wetland has persistent, ungraZe vege a ion >= 1/10 of area ......................................... points= I Wetland has persistent, ungrazed vegetation <1/10 of area ................................. ....... _._pPints = 0 DIA Characteristics of seasonal ponding or inundation. D This is the area of the vvelland that is ponded far at least 2 inonIhs, brel dries oul soinelime during the year. Du nat count the area that is permanently ponded: Estimate area cis the aver 0 w-tl n Area seasonally ponded is > 1/2. total area of wetland.....:... ........................................ points 4 ;we and n S;7 ............ cascasona area o we and ............ ....... ....... .......... ...... _ ....... points 2 At a Area seasonally ponded is < 1/4 total area of wetland........................................................ points = 0 NOTL; See text for of seasonal andperinanent inundation. D Total for)) I Add the puirrts in The boxes above 5 D D 2. Does the wetland have the opportunity to. improve water quality? (seep. 44) Answer YES if you know or believe there are pollutants in groundwater oi, surface water coming into the wetland that would otherwise reduce water quality in streams, lakes or groundwater downgradient from the wetland? Note which of the following conddions provide the sources of Pollutants. E] Grazing in the wetland or within 150 ft [D Untreated stormwaler discharges to wetland T-1 Tilled fields or orchards within 150 fl of wetland A stream or Culvert discharges into wetland that drains developed areas, residential areas, farmed fields, roads, or clear-cut logging Multiplier Z Residential, urban areas, golf courses are within 150 I't of wetland 2 El Wetland is red by groundwater high in phosphorus or nitrogen 01, YES inuhiply score in D 1. by 2 NO multiply score in D 1. by I D ter Quality Functions Multiply the score from D I by D2 10 Add score to fable on p. I HYDROLOGIC FUNCTIONS - Indicators that wetland functions to reduce flooding and streant degradation D 3. Does the wetland have the potential to reduce floodingandmSion? (seep. 46) D D 3.1 Characteristics of surface water flows out of the wetland Wet , .......•............................. points = 4 Wetland has an intermittently flowing, or highly constricted, outlet .... ..... __ ............... points = 2 2 Wet a .................................... I ......... I ... points = 0 Wetland is flat and drains by surface flow or a ditch ................................ ...................... points = 0 D D 3.2 Depth of storage during wet periods Esiirnate the height of ponding above the bottom of the ureflel flee text fur description of irteasuring heigh0- Marks of ponding are at least 3 ft above the surface ............................................................ points = 7 The wetland is a "headwater" wetland......, •............................ •...........,............... •........... ... points = 5 1 Marks nre at least 2 ft from surface. ..................................................................................... points = 5 L 0 1 n sir Face ....................... points = 3 flatdepressionsa r .. rrs a �is"flat but Vetland is flat but has sinall depressions on the surface that trap ....... points �sions on �a has smallce �imnarks No in� . .1 on y sa rated soils ........................ points = 0 of 'is Wetland Rating Form - western Washington 5 August 2004 D D 3.3 Contribution of wetland to storage in the watershed ,8stitnaie the ratio of the area of upstream basin contributing surface water to the wetland to the area of the welland itself. .................................... points = 5 3 .................................. points 3 a of the basin is 10 to 100 times the area of the we�w, �ea a o m o t nd.................................. points 0 Wetland is in the FLATS class (basin = the wetland, by definition) .......................... ...-.,..,_points = 5 D Total for 1) 3 Add the points in the boxes above b D D 4. Does the wetland have the opportunity to reduce flooding and erosiun? (see p. 48) Answer YES if the wetland is in a location in the watershed where the flood storage, or reduction in water velocity, it provides helps protect downstream property and aquatic resources from flooding or excessive and/or erosive flows. Answer NO if the wutcr coming into the wetland is controlled by a structure such as flood gate, tide gate, flap valve, reservoir etc. OR you estimate that maiv than 90% of the water in the welland is from groundwater Note which of the following candhions• apply. ❑ Wetland is in a headwater of a river or stream that has flooding problems ® Wetland drains to a river or stream that has flooding problems multiplier ❑ Wetland has no outlet and impounds surface runoff water that might otherwise flaw into a river or stream that has flooding problems 2 er YES multi lien is z N0 multiplier is 1 D 'TOTAL - Hydrologic Functions Multiply the score from D 3 by D 4 12 Add score to cable on. 1 HABITAT FUNCTIONS - Indicators that tiretland functions to p ruvide inaortant habitat 1:11. Does the wetland have the gqLential to provide habitat for Inally species? H 1.1 Veeetation structure (seep. 68) Check the types of vegetation classes present (as defrned by Cowardin) if the class covers more than 10% of the area of the wetland or r/a acre. ❑ Aquatic bed ® Emergent plants ® Scrub/shrub (areas where shrubs have >30% cover) ® Forested (areas where trees have >30% cover) 2 ❑ Forested areas have 3 out of 5 strata (canopy, sub -canopy, shrubs, herbaceous, muss/ground- cover) Add the rusrraber of vegerarion types that rlurrlify. If J-orr lurve: 4 lypcs or more .............................. points = 4 3 types .......................................... points = 2 2 types .......................................... points = I ltype ............................................ points = 0 B 1.2. Hydroperiods (seep. 69) Check the types of water regirtres (It),droperiods) preseiii tivithirr the tiveticrrrd, The water regime has to cover more tlaarr 10eIo of the Fvetland or r/a acre to count, (see text for descriptions of hpdroperiods) ❑ Permanently flooded or inundated 4 or more types present ................. points = 3 ❑ Seasonally flooded or inundated 3 types present ..............................„ points = 2 Z Occasionally flooded or inundated 2 types present ............................... points = 1 2 ® Saturated only ❑ Permanently flowing stream or river in, or adjacent to, [ie.wethruld �f Seasonally flowing stream in, or adjacent to, the welland ❑ Lake fringe welland = 2 points ❑ Freshwater tidal welland = 2 points Welland Racine; Form — westent Washington 6 Augusl2004 H 1.3. Richness of Plant Species (seep. 71) Count the number of plant species in the wetland that cover at least 10 ft 2 . (different patches of the same species can be combined to meet the size threshold) You do not have to name the species. Do not include Eurasian milfoil, reed canaaygrass, purple loosestrife, Canadian thistle If you counted: > 19 species ................ po ints Danis 2 1 List species below if you want to: 5 - 19 species ............................ points = I 5 species ............................... points = 0 Douglas -fir, Pacific willow, red alder, salmonberry, hardhaek, Himalayan blackberry, butfercup, slough set e, fieldgrass H 1.4. Interspersion of habitats (seep. 72) Decided from the diagrams below whether interspersion between types of vegetation (described in H 1.1), or vegetation types and unvegetated areas (can include open water or mudflats) is high, medium, low, or none. None = 0 points Low= 1 point Moderate = 2 points -- .77 2 -- [ripariau braided channels] High = 3 points NOTE: If you have four or more vegetation types or three vegetation types and open water the rating is always "high". H 1.5. Special Habitat Features- (see p. 73) Check the habitat features that are present in the wetland. The eurenbv- uj'checks is the „ember of points you put into the next column. ® Large, downed, woody debris within the wetland (>4in. diameter and 6 ft long). ® Standing snags (diateter at the bottom> 4 inches) in the wetland Undercut banks are present for at least 6.6 ft (2m) and/or overhanging vegetation extends at least 3.3 ft 3 (1 m) over a stream rot' at least 33 ft (1 Om) ❑ Stable steep banks of fine material that might be used by beaver or muskrat [`or denning (>30dcgrcc slope) OR signs of recent beaver activity arc present ❑ At least'/4 acre of thin -stemmed persistent vegetation or woody branches are present in areas that are permanently or seasonally inundated.(structuresfor egg -laying by amphibiajis) ❑ invasive plants cover less than 2547o of the wetland area in each stratum or plants (RCG ? 25 %) H 1. TOTAL Score - potential for providing habitat 10 Add the scores in the column above Wetland Rating Form — western Washington 7 August 2004 H 2. Does the wetland have the opportunity to provide habitat for many species? H 2.1 Bpffers (seep. 75) Choose the description that best represents condition of buffer of Welland. The highest scoring criterion that applies to the overland is to be used in the rating. See text for definition of "undisturbed. " ❑ 100 m (330ft) of relatively undisturbed vegetated areas, rocky areas, or open water >95% of circumference. No developed areas within undisturbed part of buffer. (relatively undisturbed also means no -grazing)...... ......... ....... ..................... ............. Points = 5 ❑ 100 m (330 ft) of relatively undisturbed vegetated areas, rocky areas, or open water > 50°k circumference........................................................... Points = 4 ❑ 50 in (170ft) of relatively undisturbed vegetated areas, rocky areas, or open water >95% circumference............................................................................................. Points = 4 ❑ 100 m (330ft) of relatively undisturbed vegetated areas, rocky areas, or Upon water > 25% circumference .... .................. _................................................................... Points = 3 1 ❑ 50 in (17oft) ofreiatively undisturbed vegetated areas, rocky areas, or open water for> 50%u circumference...........................__......__.._........................-...............__. Points = 3 If buffer does not meet any of the three criteria above ❑ No paved areas (except paved trails) or buildings within 25 m (80ft) of wetland > 95% circumference. Light to moderate grazing, or lawns are OK.... ... ........ --- Points = 2 ❑ No paved areas or buildings within 50m of wetland for>504'o circumference. Light to moderate grazing, or lawns are OK...........................................................................Points = 2 ❑ Heavy graying in buffer.......................................................................................................... Points = 1 ❑ Vegetated buffers are <2m wide (6.6ft) for more than 95% of the circumference (e.g. tilled fields, paving, basalt bedrock extend to edge of wetland ......................................Points = 0 ® Buffer does not meet any of the criteria abuve. Points = 1 H 2.2 Corridors and Connections (see p. 76) H 2.2.1 1s the wetland part of a relatively undisturbed and unbroken vegetated corridor (either riparian or upland) that is at least 150 ft wide, has at least 30% cover of shrubs, forest or native undisturbed prairie, that connects to estuaries, other wetlands or undisturbed uplands that are at least 250 acres in size? (darns in riparian corridors, heavi! y LISPd VOMi roads, paved roads, are considered breaks in the corridor). YES = 4 points (go to H 2.3) NO = go to H 2.22 H 2.2.2 Is the wetland part of a relatively undistur nbro a -aLed corridor (either riparian or upland) that is at least 50f1 wide, has at least 307o cover of shrubs or forest, and connects to 0 estuaries, other wetlands or undisturbed uplands th cres in size? OR a Fake -fringe wetland, if it does not have an undisturbed cp tdor as in the question ab e? YES = 2 points (go to H 2.3) NO = H 2.2.3 t t 2-2.3 Is the wetland: within 5 mi (8km) of a brackish or salt water estuary OR within 3 mi of a loge Field or pasture (>40 acres) O within 1 mi of a lake greater than 20 acres? YES =1 point NO = 0 points H 2.3 Near or adjacent to other priorily habitats listed by WDFW (seep. Wltich of the following priority habitats ire within 330ft (I00m) of the wetland? (see 1eC1fora more detailed description of these pr-iordyhabilnts) ® Rfparian: The area adjacent to aquatic systems with flowing water that contains Clements of both aquatic and terrestrial ecosystems which mutually influence each other. ❑ Aspen Stands: Pure or mixed stands of aspen greater than 0.8 ha (2 acres). ❑ CIiffs: Greater than 7.6 m (25 ft) high and occurring below 5000 ft. ❑ Old -growth forests: (Old -growth west of Cascade crest) Stands of at least 2 tree species, forming a multi -layered canopy with occasional sinall openings; with at least 20 trees/Ira (8 trees/acre) > 81 cm (32 in) dbh ors 200 years of age. 1 ❑ Mature forests: Stands with average diameters cxccctling 53 cm (21 in) dbin; crown cover may be less that 100%; crown cover may be less that.100%; d(:4iry, decadence, numbers of snags, and quantity of large downed material is generally less than that found in old -growth; 80 - 200 years old west of the Cascade crest. ❑ Prairies: Relatively undisturbed areas (as indicated by dominance of native plants) where grasses and/or (orbs form the natural climax plant community, ❑ Talus: Homogenous areas of rock rubble ranging in average size 0.15 - 2.0 in (0.5 - 6.5 ft), composed of basalt, andesite, and/or sedimentary rock, including riprap slides and mine tailings. May be associated with cliffs. Wedand Rating Form — western Washington 8 August 2004 M ❑ Caves; A naturally occurring cavity, recess, void, or system of interconnected passages ❑ Oregon white Oak. Woodlands Stands of pure oak or oaklconifer associations where canopy coverage of the oak component of the stand is 25%. ❑ Urban NaturaI Open Space:, A priority species resides within or is adjacent to the open space and uses it for breeding and/or regular feeding, and/or the open space functions as a corridor connecting other priority habitats, especially those that would otherwise be, isolated; and/or the open space is an isolated remnant of natural habitat larger than 4 ha (10 acres) and is surrounded by urban deve-1 opment, ❑ Estuary/Estuary-like: Deepwater tidal habitats and adjacent tidal wetlands, usually semi -enclosed by land but with open, partly obstructed or sporadic access to the open ocean, and in which ocean water is at leas[ occasionally diluted by freshwater runoff from the land. The salinity may be periodically increased above that of the open ocean by evaporation. Along some low -energy coastlines there is appreciable dilution of sea water. Estuarine habitat extends upstream and landward to where ocean -derived salts measure less than 0.5% during the period of average annual low flow. Includes both estuaries and lagoons, ❑ Marine/Estuarine, Shorelines: Shorelines include the intertidal and sub[idal :cones of beaches, and may also include the backshore and adjacent components of the terrestrial landscape (e.g., cliffs, snags, mature trees, dunes, meadows) that are important to shoreline associated fish and wildlife and that contribute to shoreline function (e.g., sand/rock/log recrui(ment, nutrient contribution, erosion control). If wetland has 3 or more priority habitats = 4 points If wetland has 2 priority habitats = 3 points If wetland has 1 priority habitat =1 point No habitats = 0 points H 2A Wetland Landscape (choose the one description of the landscape around the lVetland that best fits) (seep- 79) There are at ]cast 3 other wetlands within %x mile, and the connections between them are relalively undisturbed (light grazing between wetlands OK, as is lake shore wi[]t some boating, but connections should NOT be bisected by paved roads, fill, fields, or otherdevelopment ............................................................................... ......................................................... points = 5 The wetland is Lake -fringe on a lake with little disturbance and there are 3 other 3 lake-fri ............................. ............................... points = 5 There are at ]east 3 other wetlands within'/z mile, BUT the connections between them aredisturbed...................................................................................................................... ints = 3 e we e- rmge wetland within Vz mile........................................................................................................... points = 3 There is at least I wetland within 1/z mile.................................................................................... points = 2 There arc no wetlands within'/z mile........................................................................................... points = 0 H 2. TOTAL Score - opportunity for providing habitat 5 Add the scores In the column above Total Score for Habitat Functions -- add the points for I3 1, l l 2 and record the ►result on p, 1 15 Wetland Rating Form — western Washington August 2004 I� 4 Ag�j r M � � • —M C) ren �mm m A cn CEDAROCK CONSULTANTS, INC. Environmental Consulting February 17, 2006 Jennifer Henning City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Subject: Upper Kennydale Creek Basin Water Classification Gordley, Umbedacht, Dutro Properties Dear Ms Henning: At your request I am providing an independent third parry review of water type classification for the upper Kennydale Creek headwaters area. As you know, I was a consulting aquatic biologist for the streams and lakes portion of the new City Code, thus I am familiar with the intent behind the code. It is my understanding that there is disagreement as to the appropriate classification for the existing watercourse. This watercourse starts in the area southeast of the blueberry farm and continues north and west eventually passing under Jones Ave NE near NE 24`f' Street. I have also provided an assessment of existing functions and values of the ditched watercourse. As part of the review I examined a number of documents and visited the site. The documents include: • A copy of RMC 4-3-050(L) (revised 6/05) • Figure 4-3-050Q4 Streams and Lakes • A copy of Section 4-11-190, of Chapter 11, Definitions, of Title IV {Development Regulations) of Ordinance No. 4260. • A letter from Jennifer Henning (City of Renton) to Terry Dutro (Masterbuilder Construction) dated December 1, 2005 regarding a reclassification request. • A memo from Gregg Zimmerman (City of Renton) to Terri Briere (City of Renton) dated November 10, 2005 regarding reclassification. • A letter from Neil Watts (City of Renton) to Terry Dutro dated July 29, 2005 regarding a reclassification request. • A letter from Terry Dutro to City of Renton Hearing Examiner dated August 12, 2005. • A letter from Nancy Weil (City of Renton) to Terry Dutro dated July 22, 2005 regarding a reclassification request. • A letter from Hugh Mortensen (Watershed Company) to Nancy Weil dated July 19, 2005 regarding a Blueberry Meadows environmental review. • A letter from Anne Seethoff (Ellisport Engineering) to Terry Dutro dated July 29, 2005 regarding a critical areas evaluation. • A letter from Anne Seethoff to Lauralee Gordley (homeowner) dated April 25, 2005 regarding a stream classification. 19609 244s° AVENUE NE - WOODINVILLE, WA 98077 - P:425/788-0961 • F:425/788-5562 Jennifer Henning Kennydale Headwaters February 17, 2006 • A letter from Terry Dutro to the City of Renton dated May 17, 2005 regarding reclassification. • A report entitled Wetland Delineation, Gordly and Core Properties by Anne Seethoff of Ellisport Engineering dated October 20, 2004. • A letter from Ken Sargent to John Hobson (City of Renton) dated August 16, 1999 regarding a wetland delineation. • A report entitled Wetland Delineation, Higate Sewage Lift Station Elimination, Renton, Washington by Entranco dated December 1996. • Various aerial photos from 1936, 1946, 1960, and 2002. I visited the site on the afternoon of January 27, 2006. The weather was dry but an unusually high amount of rainfall had fallen over the previous month. I reviewed the blueberry farm from off -site locations on NE 20`i' Street and NE 196' Place. I reviewed the Gordley property together with Mr. Rick Gordley, I reviewed the Dutro property by myself. I was not allowed access to the Umbedacht property but was able to see parts of it from other locations. The watercourse in question was flowing strongly in all areas visited and much of the area adjacent to the watercourse was saturated. Water Tyne Classification The watercourse has been classified by the City of Renton (Figure 4-3-050Q4) as a Class 4 water based on their belief that: 1) the watercourse is not fish -bearing, and 2) the watercourse is intermittent (i.e. stops flowing in the summer) during years of normal rainfall. There is no disagreement regarding fish -bearing status. If indeed the stream is intermittent, even just occasionally, then fish from populations in Lake Washington would have to recolonize the channel each winter. It is believed that the steep slope of the channel as it approaches Lake Washington historically prevented fish from migrating past this point. Currently there is also a manmade dam in this area. There has been discussion of whether or not the watercourse is intermittent in normal years. If the watercourse flows continuously during years of normal rainfall, it would be classified as a Class 3 water. Conclusively evaluating the intermittent vs. continuous flow issue is difficult at best and not possible at this time. The stream would most appropriately be examined during the period between late July and late September during a year of normal rainfall. Normal Rainfall is defined under Section 4-11-140 as "Rainfall that is at the mean or within one standard deviation of the mean of the accumulated annual rainfall record, based upon the water year for King County as recorded at the Seattle -Tacoma International Airport". This year looks like it might be unusually wet with rainfall currently almost 40 percent above the mean. Water year 2005 was unusually dry (about 20 percent below normal) but just barely met the definition of Normal Rainfall. Water Year 2004 was near normal being about 10 percent over the average. The wetland delineation conducted by Ellisport Engineering was completed on October 6, 2004, typically a relatively dry time of the year. Records indicate that only 0.24 inches of rain had fallen in the previous 10 days. Normal would have been about 0.50 inches during the same period. Under Existing Conditions, Ellisport Engineering staff state: Page 2 of 5 Jennifer Henning Kennydale Headwaters February 17, 2006 "South across NE 20r" Street is a blueberry farm where the Class H stream originates. The stream Mows under the street in a culvert which extends northward onto the Gordly property. Water was flowing in the stream at the time of the site inspection". (underline added for emphasis). The Watershed Company inspected the ditch on July 18, 2005, a normal but very dry year. They reported "standing water was present in the pond and in the main ditch/stream". Recollections of a past landowner in the area was provided by Mr. Dutro in his letter of August 12, 2005. A previous owner of the Blueberry Meadows Property told Mr. Dutro that "he thought that the ditch on the blueberry farm to the south dried up in the summer at that time." He was apparently referring to 1958 when he dug the ditch. Anecdotal evidence indicates the watercourse may flow seasonally during some years and be perennial during others. The most credible report was provided by the homeowners consultants (Ellisport Engineering) which provided some evidence that the stream may flow year-round during normal years. It is possible that previous to human disturbance the historic swamp dried up each year on the surface. The ditch system may have cut into an elevation of perennial groundwater. This would cause the ditch to be perennial where historically the ground water receded below the ground surface elevation during normal years. The second issue is whether or not the channel was artificially constructed in an area where no naturally defined channel had previously existed. Certainly the existing channel is manmade. Aerial photos from as early as 1936 show no obvious channels in the area. However, the area in question has a very low gradient slope and one would not necessarily expect a well defined channel to naturally develop under this situation. The historic area was described as more of a swamp with very soft soils. In my experience, watercourses in these relatively flat headwater valleys consist primarily of wide, swampy, and densely vegetated areas. Defined flow patterns are difficult to discern with hydrology mainly controlled by groundwater levels. High groundwater in the area was evidenced in wells dug for the Higate lift station, local private wells, and the wetland pits. Many examples of this type of feature can still be found throughout King County. While these swampy areas are clearly a type of watercourse with important aquatic habitat functions and values, the question is whether or not they meet the definition of "naturally defined channel". One could argue that a swamp is a channel and is the only type of channel that would form under the circumstances. The definition in the Webster Dictionary defines channel as "the bed of a body of water flowing on the earth". There is no evidence that the site was ever hydraulically isolated. It most likely drained to the north under pre-existing conditions as it does now. The area was clearly a wetland and still contains wetland characteristics. The channel was dug to drain the historic wetland and create "usable" land. The City of Renton may choose to distinguish between wetlands and channels. However, there is no clear dividing line between the two so any distinction would have to be done carefully. Page 3 of 5 Jennifer Henning Kennydale Headwaters February 17, 2006 Conclusion Available evidence supporting each Water Class is presented below: Class 3 Water • Two recent reports during years meeting the definition of Normal Rainfall reported observations of water in the ditch during the summer. One report was made relatively early in the season, the other relatively late. However, no observations were made during the driest time of the year and it is possible the stream dried up at some point one or both years. Class 4 Water • One anecdotal statement about the creek going dry in 1958 was reported. • Before the ditch was dug, the "swamp" may have dried up each year. • A wide watercourse (swamp) meeting the dictionary definition of a channel was present across the area in the past. Class 5 Water • Aerial photos show no well defined channel in 1936 though this was subsequent to human disturbance. The perennial stream flow issue (Class 3 vs. Class 4) can only be answered by direct observation of flow characteristics in the channel during the summer. These data could take a few years to gather if this winters heavy rainfall pattern continues. The presence or absence of a previous naturally defined channel (Class 5 vs. Class 4) depends in part on the definition of channel that is acceptable to the City. Evidence provided by the applicant to date only addresses the absence of a well defined "classic" stream channel with clearly identifiable banks. As this type of feature would not naturally be expected in this area, it is not surprising one wasn't observed by early residents. In the absence of conclusive evidence supporting a change from the existing Class 4 water classification, it is my recommendation that this classification stands. Functions and Values Non fish -bearing stream channels and their riparian buffers are important to the contribution of clean, cool, and productive flows to fish habitat downstream as well as providing wildlife habitat and migration corridors. Vegetation in riparian areas shades streams and maintains cool water temperatures needed by most fish. Plant roots stabilize stream banks and help control erosion and sedimentation. Riparian habitat contributes leaves, twigs, and insects to streams, thereby providing basic food and nutrients that support downstream fish and aquatic wildlife. Riparian vegetation, litter layers, and soils filter incoming sediments and pollutants, thereby assisting in the maintenance of high water quality. Riparian habitat moderates stream volumes by reducing peak flows during flooding periods and by storing and slowly releasing water into streams during low flows. Page 4 of 5 r Jennifer Henning Kennydale Headwaters February 17, 2006 The existing ditch on the Gordley property provides little in the way of riparian vegetation beneficial to aquatic habitat. A single line of poplars placated along the west bank are dead. Though they still provide a minor amount of shade, their organic nutrient contribution will soon cease, as will any bank stability or wildlife functions. The maintained turf grass on either side of the channel and down into the watercourse does little to protect water quality or remove biological and chemical contaminants from upslope runoff. Existing conditions are somewhat better on the portions of the Umbedacht property that could be evaluated. Native vegetation including a dense willow thicket have returned to some of the riparian corridor. Most of the Dutro property appeared to have been kept cleared of vegetation in the past though exotic grasses and blackberry are beginning to take over. Overall, the three properties provide minimal to moderate riparian functions under existing conditions. Should the City approve moving all or parts of the watercourse, it is possible that a riparian buffer could be created that would increase the overall functions and values of the corridor in comparison to existing conditions. With an appropriate planting design the channel could be enhanced to protect water quality, improve shade, increase organic input and aquatic productivity, provide channel stability, and prevent human access. These values would be important to fish populations in Lake Washington which depend to large extent on input from lake tributaries for food and nutrients. Please contact me if you have any questions. Sincerely, Carl G_ Hadley Principal Biologist Cedarock Consultants, Inc. Page 5 of 5 ' 1 ��r WBI! - re�rW Ieffar.dOG µ �Pag The Watershed Company 19 July 2005 Nancy Weil, Senior planner Cityof Renton Plainin Department, . � 1055 South Grady Way. Rtatm WA 98055 Ret Blueberry Me dows project -E it runentai Review, Dear Nancy: Thank you for the op'poihini ty, to review the above referenced project for" compliance with City of Renton Develolsmept`Regulations, Title rCT_ For:this Feview I read. tlieough th6 information you 'provided. me, which included ohe binder containing the following: ddcuinotitation: 1) Utter fs¢m Mac9tei°Eiuilder GQnstructiori.rcquasfing a- strearit'teclassifcat oA dated -6130105. 2) Letter from Masterliuilder ConstXttctioit ouflini26g the di#ching histoi-y pf the vicinity, dated 5/17105_ 3) Letter frorn EllisportEngiriecring summarizing the wetland 'and- stream. .delineation findings, dated 6J.29/05. 4) Wetland delineation-byE1lisport.8tonepring for parcel nurhber3343905203, dated 0102/05_ 5). Wetland delineation l;y EIlisport DI&eetiitg.fof.Ii reel numbers 3343903563 and, 3343903201 (iricludingthe U196'En6anc6'deiineatiou)-dawd.1000104. I also made' a site visit on'the. 18" � of RUIy 2005 to evaluate site conditions, check the, accurgdy of the delineation and V+ rift' Hie stream classif"rcation. This letter is a- summary of the findings of my ire'view. -It is my understanding that, with the exception of a •detention: pond in the northwest sire , corner, the entire-th properties wd.uld be platted for single-family Iots and that.wettand' or stream/ditch featiwes-would not -Ere retained. Findings Co,u Mons observed during the site visit Standing water wa& present in the pond and in the main ditch/stream. Soil saturation was observed across much of the site.. No delineation flags were found on parcels 3343VO3563 and 3343903201. Only two flags were found on parcel 3343903203. Maeercourse The applicant contends that the stream on the subject property is Type 5, rather than Type 1410 Market Street, Kirkland, WA 98033 (425) 822 5242 fax (425) $27 8136 watemhedG'fa watershedco.com -- www•watershedco.com VSlerl review letter.doc pay N. Weil 19 July 2005 Page 2 of 3 4. as is depicted in the City of Denton Water Classes Map (dated 5I05). To qualify as a Type 5 stream, a, watercourse must leave been artificially created and not carry flows of a historic stream. Undisputedly, ditching has occurred on this site, resulting in tM.present, straight -arid steep -sided channel form. Downstream of the site, beyorid Jones Avenue NE, a natural stream channel in a narrow valley was rioted. The ,Valley in the victnity of t%e.subject property clearly has been an area that conveyed surface -water• prior -to historic, "culttuai.ond residential dEvel6pment. Ex-actly how that 4urfage water was historically conveyed, whether'as-sheet and sub -surface flow, or in a deflrled claatrneI or bed, is� the relevaat'question. This. valley was once aqnone'extmsi've-headwater,ivetjand system that could have had a .permanent. ot seasonal stream charitiel ;: unning ,through it. This historic channel would likely.11ave had severe aridfar-braided meanders within the wetiaod, The burden of proof a.s.to Whether. or. not a-eliftrnnel of bed w$s prv-_sent.p6Dr to ditching: falls on -th,e applicank . The- irtaterials submitted thus,- far da not adtitess this' question. _ Therefote, .the recoinmendatior is that.the Type 4 cl'assifica'66n. stands until compelling evideltne is -discovered- that proves the area -was _wetland only and did riot .have a charinei . ar bed. It should also.be noted that The Was"gton-Depaitment of Fish:arid Wildlife (WDF)&) also bas'regaldtory ailthbrity ovef strearns. Cousultatiori with the loca.i WDFW area habitat biologist should.al"so be sou lit for their irate retatIoa'of w11et1ier ar-not s area ineets the Washington State deflnitivri of a stream. Wetlan�ds.- 1lilisport Engineering contends that the wetlands on parcels 3343903563 and'3343903241 have dried - out' due to the sewer line' and -new development. However, I found that wetland boundaries extend- across, most of these parcels, In general, the flridings of the Entranco delineation are accurate,- however• boundaries are difficult to discern and cotupara to. site conditions on the supplied Entrm.co map. Hydrophyts,c vegetation and dark, hydric soils.are p" ent �in all areas delineated-or,depicted by Entrarrco: lAso noted that soils were saturated to the surface or at least within the root zone- across. previously delineated areas'. It should be noted that the delineation fur these two parcels took place at the end of the 2,004 summer, in October. Due to the timing, it is not surprising that those wetlands were obs erved to be. dry during the dalineatiort_ Whife hydrology is the inost important indicator of the three required for a determination of wetland, it is also the most difficult to interpret due to its ephemeral nature. Wetland hydrology in this system is highly altered, but is still driven by groundwater and surface water moventent through the ditch/stream system. I found no evidence that the site has dried out to the extent that former wetland areas no longer meet the hydrology parameter. Since this wetland is in the headwaters of a stream system, it would qualify as Class 2 M1� nCy Weil -review let#er_doe __ f o N. Weil 19 July 2005 Page 3of3 wetland with a 75-foot buffer. Recommendations The following tasks are recommended for corrections to the submittal. 1) . Delin6w wetlands on alf three-pareels. Since these wdlaads have seasonal hydrology, they should either be delineated in the winter or .early spring, or the deliriea#ion sh.oukd acknowledge the lack of sumtter hydrology and. rely 'more strongly on soil -and vege.t 40,i cues: 2) Flag the..OUWM of t%e stream: 3) Sii vqy the wetland and stream deli.vea'hon flags- and other propertp features and='pregent the %idiags, in a icgible niap at a reasonable�scale. 4) Rede.sip th6 proposed Iot. layout Co observe current• City of .Renton deveiopk�ent�t�estrict2ans ort streams and •wetlanelss. Implementation of these recommend4tioni will ensure that.the.praj ect ilrteets the letter ;arid fiitant of the City of Renton Critical Areas Regulations. Please'call' ith any que' stions. Mucerely, Hugh Mottemm E coIogisVPWS 4-3-050Q Figure 4-3-05OQ4 STREAMS AND LAKES (Revised 6/05) 3 - 20.50 k -z. L-111sporl 111c, Terry Dutro Masterbukler Construction 10711 SE 3e St Bellevue, VITA 98004 RE. Parcels 3343903203, 3343903201 and 3343903663 Critical Areas Evaluation June 29, 2005 Dear Terry, The above parcels have been evaluated to determine if there are any critical areas on them and if so what classiftAlon they would be under the City of Renton's new Critical Areas Ordinance. These Parcels are loca#ed east of Jones Ave NE and north of NE 2 h St AD of Parcel 3343903201, and portions of Parcels 3343903203. 3343903563 are being considered for subdivision. This subdivision would Include approximately 4 acres. This land slopes very gently from the south to the northwest A stream flows the length of it to a pond in the northwest corner and then onto the north. Directly to the east of Parcel 3343903201 is the new CamWest subdivision, Westchester Kennydale. North of this subdivision is the completed Stone Castle subdivision. West of the Stone Castle subdivision and north of the proposed subdivision are a mixture of single fw* residences on approximately 1 acre lots and a 1.65 acre parcel that is undeveloped. The east side of Jones Ave. is single family lots that border the east side 1-405. South across NE 2& St. is a blueberry farm on a 3.43 acne parcel. This farm dates back to the late 1940's. Surface water and groundwater draining to this parcel has been oollecfied and drained to a ditch along the east side of the parcel for almost 60 years. This ditch ends along the south side of NE 2& St. where it is piped under the street to the north, and flows into another channel going north across Parcel 3343903563 and 3343903203. Last October, Parcel 3343903201 and a portion of Parcel 3343903563 were inspected to determine if a wetland was on these lots. It was determined that due to the recent housing development to the northeast and east and construction of a sewer line through this area, these properties have become significantly drier and no wetland exists in this area. Much of the grourrdrvater and surface water the# used to flow to this area is now meted and piped south to NE 2e St to discharge next to the culvert under NE 2e St coming from the blueberry farm. There is a wetland on Parcel 3343903203, crossing the northwest comer of the proposed subdivision. The Wetland Delineation Report dated .tune 2, 2005 describes it in detail, The wetland is a Class 3 wetland under the City of Renton's new Critical Areas Ordinance. The channel crossing the proposed subdivision flows into this wetland. The outfall frorn the wetland continues on to the north across the next two lots for approximately 400 feet into another paid. This pond's outfall is into the storm dralna�e system for a new short plat at the southeast comer of the inters on of Jones Ave and NE 24 St The outfall from this system is piped west across Jones Ave. and into a ditch flowing to the northwest The channel crossing the proposed subdivision was previously considered a Class 3 stream by the City of Renton_ Based on the City's new Critical Areas Ordinance this channel meets the criteria for a 2050, Slst kve, SM Vasho�-., WA ;'8070 1'elephoiae (206) 463-5311 FAX (20) 463-2578 F-`Mail: Ellis port l@aol.cOm f-BSPOIT E11pneering,n Inc. Class 5 stream. The reasoning for this determination was discussed in our letter dated April 25, 2005 to l..aurtee Gordley. The ordinary high water mark (QHW) for the channel crossing Parcels 3343903563 and 3343903203 varies from 2 to 5 feet apart on either side of the channel and 2 to 3 inches up from the bottom at the sides of the channel. The southern half of the channel is grass lined. The northern half flows underneath a dense growth of the willows. Spiraea, and Salmonberries until it enters the wetland- There is no grass in the in this portion of the channel. The outfall from the wetland is over a concree weir to a grass kied channel that continues north as already discussed. If you have any addiborhal questions concerning the Critical Area evaluates of these parcels, please call me at (425) 747-1799. Sincerely, Anne Seetfioff Project Engineer 20501 81st Ave. SM. Vashon, WA 98070 Telephone (206 ) 463-5311 FAX (206 ) 463-2578 F-Mul: Elfisvorfl@aol.com Steward and Associates 120 Avenue A, Suite D Snohomish, Washington 98290 Tel (360) 862-1255 / Fax (360) 563-0393 Nw�rstetivard:andassuciate s.con City of Renton Critical Area Study For Gordley Property Parcel Number: 3343903563 Prepared For: Richard and Lauralee Gordley 2010 Jones Ave NE Renton, WA 98056 Prepared By: Steward and Associates 120 Avenue A, Suite D Snohomish, WA 98290 (360) 862-1255 April 17, 2007 DEVELOPMENT PLAN NG CITY OF RENTO,a NOV T 1 2007 Table of Contents Tableof Contents................................................................................................................................ii Disclaimer..............................................................................................................................................M Acronyms.............•---............................................................................................................................. IV ExecutiveSummary............................................................................................................................. V 1 Introduction................................................................................................................................... 1 2 Critical Area Study Methodology...........................................................................................2 2.1 Wetland Identification.......................................................................................................2 2.2 Vegetation............................................................................................................................ 3 2.3 Soils.............................................................................................................................................4 2.4 Hydrology................................................................................................................................4 2.5 Wetland and Stream Classification and Ratings........................................................ 5 3 Site Description ............................................................................................................................. 5 4 Results..............................................................................................................................................7 4.1 Wetland & Stream Classification..................................................................................... 7 4-1.1 Cowardin Classification of Wetland.......................................................................... 7 4.1.2 City of Renton Classification........................................................................................ 7 4.2 Wetland & Upland Description........................................................................................ 7 4.2.1 Vegetation.................................................................................................................... 8 4.2.2 Soils...................................................................................................................................8 4.2.3 Hydrology...................................................................................................................... 9 4.2.4 Wetland Determination.............................................................................................9 4.2.5 Jurisdictional Determination.....................................................................................9 4.2.6 Wetland Buffers............................................................................................................9 5 Wetland Functions and Values............................................................................................. 10 5.1 Water Quality ...................................................................................................................... 10 5.2 Water Storage.....................................................•----............---------------------------------------------- 10 5.3 Fish and Wildlife Habitat.................................................................................................. 11 5.4 Recreation and Aesthetic Value.................................................................................. 11 6 Proposed Action and Subsequent Impact........................................................................ 12 7 Mitigation Plan............................................................................................................................ 12 8 References.................................................................................................................................. 13 Appendix A. Supplemental figures............................................................................................. 15 Appendix B. List of common and scientific plant names identified onsite...................... 18 AppendixC. Data sheets............................................................................................................... 19 AppendixD. Site photographs......................................................................................................20 Disclaimer Steward and Associates prepared this report for use by Rick and Lauralee Gordley. The results and conclusions of this report represent the professional opinion of Steward and Associates. They are based in part upon (a) site reconnaissance and testing, (b) information provided by the property owner, and (c) examination of public domain information concerning the proposed site. Work performed conforms to accepted standards in the field of jurisdictional delineation using the U.S. Army Corps of Engineers Wetland Delineation Manual (Environmental Laboratory, 1987) and the Washington State Wetland Identification and Delineation Manual (Ecology 1997). However, final determination of jurisdictional wetland boundaries pertinent to Clean Water Act Section 404 is the responsibility of the Seattle District of the U.S. Army Corps of Engineers and/or Region 9, U.S. Environmental Protection Agency, Seattle, Washington. Various agencies of the State of Washington may require review of the final site development plans that could potentially affect zoning, water quality, and/or habitat functions of lands in question. Thus, the findings and conclusions contained in this report should be reviewed by appropriate regulatory agencies prior to any detailed site planning and/or construction activities. Signed: Date::�z�r��1 Jennifer Holton Ecologist Steward and Associates Signed: ,� Date:. Ipr,,l/,, 2111J Jennifer East Field Biologist Steward and Associates Acronyms CASP Critical Areas Site Plan Corps U.S. Army Corps of Engineers DNR Department of Natural Resources Ecology Washington Department of Ecology NGPA Native Growth Protection Area NRCS National Resource Conservation Service NWi National Wetland Inventory OHWM Ordinary High Water Mark RDF Redoximorphic Features RMC Renton Municipal Code USDA U.S. Department of Agriculture USFWS U.S. Fish and Wildlife Service IV Executive Summary On March 20 and April 12, 2007, Steward and Associates researchers performed a Critical Area Study for Rick and Lauralee Gordley on an a 1.47-acre property located at 2010 Jones Ave NE (Tax ID: 3343903563 (see Figure 1)). The onsite property consists of a single family residence, greenhouse, and expansive lawn extending southeast across the lower portion of the property. Further south, the property is largely covered with relic fill material from previous land owners, gravels, and concrete associated with a driveway and parking area. The area of study for the purposes of this report is the portion of the parcel that lies west of the seasonal drainage. Critical areas identified on the parcel include a jurisdictional category III wetland that spreads across the Gordley family backyard where it eventually meets up with a type-4 unnamed seasonal drainage/stream; it is likely that the wetland continues into the adjacent parcel to the east, but would need to be confirmed with appropriate data plots prior to making that determination. The drainage/stream flows along the new eastern boundary of the property. The onsite portion of the wetland is approximately 0.29-acres in size. Table 1. Summary of regulated critical areas per RMC 4-3-050 Area Onsite/th Category or Type per Buffer per Length Critical Area RMC 4-3-050 M 1.a & RMC 4-3-050 M 6,a & (acres/linear ff) RMC 4-3-050 L 1.a RMC 4-3-050 L 5.a-c Non -isolated wetland III 25-feet (0.59-acres total onsite) -0.29-acres Seasonal IV 25 to 35-feet -264-linear ft drainage/stream The property owner indicated that the neighbors to the southwest recently altered the center section of the property while attempting to remedy a drainage issue associated with an offsite artificial, lined pond. As a result, much of the center section of the Gordley property appeared significantly disturbed and vegetation is just beginning to return to the area. In addition, the soils reviewed in lower portion of his property appeared to be heavily saturated, likely a result of recent rainfall and continued overflow from the offsite pond. After the drainage issue with the adjacent neighbor was resolved, project staff revisited the property three weeks after the initial visit to review the soils and hydrology to confirm the likelihood that the area meets the three wetland parameters as defined by the Corps and Ecology (Corps 1987 and Ecology 1997). Upon review of site conditions, staff determined that the onsite disturbed area meets the three wetland parameters; additionally, the onsite wetland is connected by a water of the state (seasonal drainage) and as such is likely a jurisdictional wetland. Upon review of the critical areas study, the applicant plans to evaluate how much of their property is available for future development. At this time the applicant does not have specific plans to develop the property, but may opt to complete a lot line adjustment or short plat in the future. I Introduction On March 20 and April 12, 2007, Steward and Associates conducted a critical area study on an approximately 1.47-acre parse# owned by Rick and Lauralee Gordley at 2010 Jones Ave NE within the City of Renton (Section 5, Township 23N, Range 5E; Figurel ). On March 20, the weather was cloudy and drizzling and had a high of 50°F. Weather on the previous day included a significant rainfall event with an estimated one inch of precipitation (Weather Channel Interactive 2007). Steward and Associates revisited the site a second time on April 12 to confirm initial findings; the weather on the April site inspection was cloudy with a high of 53°F. No significant rainfall had occurred in the three days preceding the visit. Project staff performed the critical area study pursuant to the requirements outlined in the City of Renton Municipal Code RMC 14.30.050 M (the applicants hired a second professional to evaluate the onsite stream conditions). Medina Miphlands 8 Bea Arn 9aacary .; ° fine take dSeittie' ° aYEe � o ` EMtQak „ 99 n axelw4cd 99 # Nills aFleMvpef NewcasQe 0 D nydaie MaMr aK _. r+r 740 St 99 6ryn NNW c ashore aY He 23rd St ?k 23rd St Rhrerton4 � � le++riarl s Tukwila 4 1 u+, u[to 1fi R 03aa�t oMc ken fleryhts fai r Ptst R c s He 20th 5t # i He t9M P1 r� 3200 rn o .dway'91Kenst �g 9600rt a 2007 Map(j ect Inc. 1: 2007NAVTEQ Figurel. Vicinity map of Gordley property located along Jones Avenue ICE, Renton, Washington. The Gordleys seek to investigate how much of their property is available for development (see Figure 2). At this time, no development is planned, however, In the future, the family may want to subdivide their property into at least two parcels and put them up for sale. Figure 2, Gordley property along Jones Ave NE and 201h Street NE showing area of study in green, Aerial photo provided by King County. Information in this report may be used to facilitate project planning and to support necessary local, state and federal permits. Wetlands and wetland boundaries, as discussed and shown, have not been confirmed by regulating agencies such as the City of Renton, U.S. Army Corps of Engineers (Corps), or Washington Department of Ecology (Ecology). 2 Critical Area Study Methodology 2.1 Wetland Identification As wetlands exist within 100-feet of the proposed/existing impact area, project staff performed a wetland delineation consistent with the requirements listed in RMC 4-3-050 M 3.a.i. Delineations were conducted using the Routine Determinations methodology as described in Part IV, Section D of the Corps of Engineers Wetland Delineation Manual (Corps 1987) and the Washington State Wetlands Identification and Delineation Manual (Ecology 1997). Routine Determinations "involve simple, rapidly applied methods that result in sufficient qualitative data for making a determination" (Ecology 1997). To determine if jurisidictional wetlands are present, as defined by the Corps (Corps 1987), the team recorded observations of vegetation, soils, and hydrology throughout the site. Onsite inspections documented the presence of required wetland characteristics: hydrophytic vegetation, wetland hydrology, and hydric soils; project staff mapped the corresponding areas as wetlands. Areas lacking indicators for one or more of these three parameters were mapped as non -wetland (upland). Wetland delineation data collected at locations that are representative of typical wetland or upland conditions on the site are provided in Appendix C. Once staff completed collecting data, wetland boundaries delineated with sequentially numbered pink flagging in the order in which the team encountered them in the field; flags do not reflect geographic location. 2 After project staff completed the flagging process, they determined the geospatial extent of the wetland in the field using a Trimble GeoXT GPS to confirm the approximate locations of the eastern edge of the wetland in proximity to the proposed development. As shown in Figure 3, the team delineated one wetland in the center of the parcel. 2.2 Vegetation To characterize and evaluate the vegetation within the target study area, project staff initially identified which species dominated the different vegetation strata (emergent, scrub shrub, or forested). The Ecology manual describes dominant species as "those that contribute more to the character of a plant community than the other species present, as estimated or measured in terms of some ecological parameter or parameters" (Ecology 1997). To identify dominant species, project staff utilized a combined methodology from Recognizing Wetlands (Bigley et al 2000) and the 1989 Federal Manual for Wetland Identifying and Delineating Jurisdictional Wetlands (FICWD 1989). For each soil data plot, staff estimated the percent canopy cover of each species and then following the methodology outlined, ranked the species in order of abundance. Dominant species are identified as any species with greater than 20% cover. Next, the team evaluated the dominant plants and their wetland indicator status to determine if the onsite vegetation appeared adapted to wetlands conditions (hydrophytic). Hydrophytic vegetation is defined as the total quantity of macrophytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation produces permanently or periodical#y saturated soils of sufficient duration to exert a controlling influence on the plant species present. To meet the hydrophytic vegetation criterion specified by the Corps, more than 50% of the dominant plants must be Facultative, Facultative Wetland, or Obligate based on the wetland indicator category assigned to each of the plant species by the U.S. Department of Fish and Wildlife (USFWS) (Reed 1997) (Table 2). Scientific and common plant names follow currently accepted nomenclature. Most names are consistent with Flora of the Pacific Northwest (Hitchcock and Cronquist 1973) and the PLANTS database (USDA 1996). During the field investigation, staff observed and recorded the dominant plant species on data sheets for each data plot (see Appendix B for complete list of vegetation identified onsite, see Appendix C for datasheets). Table 2. Definitions of Wetland Indicator Category Used to Determine the Presence of Hydrophytic Ve etation Reed 1997 Category Symbol Definition h Obligate Wetland Plants that almost always (>99% of the time) occur in 4 Plants OBL wetlands, but which may rarely (<1% of the time) occur in � 0 non -wetlands. a Facultative FACW Plants that often (67-99% of the time) occur in wetlands, but W Wetland Plants sometimes (1-33%a of the time) occur in non -wetlands. 3 Facultative Plants FAC Plants with a similar likelihood (33-67% of the time) of occurring in both wetlands and non -wetlands. Facultative Upland FACU Plants that sometimes (1-33% of the time) occur in wetlands Plants but occur more often (67-99% of the time) in non -wetlands. z O z Upland Plants, UPL. Plants that rarely (<1% of the time) occur in wetlands, and almost always (>99% of the time) occur in non -wetlands Not Listed NL (upland areas). 3 2.3 Soils Generally an area must have hydric (wetland) soils to be a wetland. Hydric soils are defined as those that formed under conditions of saturation, flooding, or ponding of sufficient duration within the growing season to develop anaerobic conditions in the upper layers. Biological activities within the saturated soil result in reduced oxygen concentrations and organisms turn to anaerobic processes for metabolism. Over time, anaerobic biological processes result in soil color patterns, which are used as indicators of hydric soil. Typically, low chroma colors are formed in the soil matrix, and mottles of bright color form within the matrix. Other important indicators of hydric soils include accumulations or organic matter in the surface, odors of reduced sulfur, and staining by organic matter in the subsurface. To determine if the research sites contain hydric soils, project staff initially reviewed the National Soil Conservation Services (NRCS) soil data for the targeted study area. To verify the NRCS data, staff excavated a series of test pits to a minimum depth of 12-18" to observe soil profiles, colors, textures, and other characteristics of the matrix as outlined below. Project staff utilized Munsell color charts to describe colors (Greytag MacBeth 1994). Soils in which the following indicators are present meet criteria to be considered a hydric soil, although low chroma soils and the presence of redoximorphic features represent the strongest indicators (Ecology 1997): • Presence of organic soils or histosols typically formed as a result of hydrologic inundation for greater than 30-consecutive days. Organic matter should comprise a minimum of 20- 30% of the soil matrix to be described as a histosol (Ecology 1997) • Soil matrix with a chroma of one (chroma is the last number referenced in a Munsell soil color description) as this suggests a possible mineral soil that is saturated or inundated for a sufficient period of time resulting in anaerobic conditions. Soils with a matrix of two can be considered hydric only if redoximorphic features are present (Ecology 1997). • Redoximorphic features within the matrix form when seasonally saturated wetlands experience fluctuating water levels that trap air bubbles within the matrix. Air pockets within the matrix allow features within the soil to oxidize forming rust or black colored redoximorphic features (streaks, nodules, or patches). • Other hydric indicators such as hydrogen sulfide odor, iron or manganese concretions, histic epipedons, aquic or peraquic moisture regimes, and presence of soils listed as hydric soils on the NRCS soil survey. 2.4 Hydrology An area is considered to have wetland hydrology when soils are ponded or saturated for at least 12.5% of the growing season. In cases with strong evidence of the presence of hydric soils and hydrophilic plant communities, saturation or ponding for 5% of the growing season (or approximately 14-days in the Puget Sound Area) will satisfy the hydrology criteria (Ecology 1997). Project staff examined areas for evidence of wetland hydrology using the following indicators identified by the Corps as a guide. Primary indicators: • Surface inundation • Saturated soils Secondary indicators: • Shallow groundwater tables • Drainage patterns within the wetlands 4 • visual cues such as drift lines, sediment deposits, watermarks on vegetation, water - stained leaves, scour marks on the landscape surface, and oxidized root channels. • NRCS soil survey data identifies hydric soils within the area of study It is also critical to consider seasonal conditions and recent weather patterns when evaluating the criteria above as it may influence results. Heavy down -pours could give a false positive when observing the hydrology present at the site. 2.5 Wetland and Stream Classification and Ratings Wetlands identified in the project area were classified according to the USFWS classification system (Cowardin et al. 1979). The team rated the wetlands using the system specified by the City of Renton Municipal Code (RMC 4-3-050 M 1 a). Buffer widths assigned to the wetland reflect requirements specified by the City of Renton Municipal Code (4-3-050 M 6). 3 Site Description The subject property forms a "T-shape" along Jones Avenue Northeast and 2011, Street Northeast, (Figure l & 2), the area of study is parcel 3343903563. At the request of the property owner, project staff evaluated only the area on the west side of the seasonal drainage as they planned to sell the remaining eastern portion to a neighboring property owner (Figure 2). Current land use consists of a single -residential home with associated outbuildings and an open, mowed, grassy field that extends to the south and east (Figure 2). Historically, previous landowners farmed the subject property until the 1950s when it was converted into residential use. While onsite, project staff identified broken drain tiles and soils typically found in agricultural areas (1 OYR 2/1) providing further evidence of the relic land use. Previous landowners also imported fill onto the property in the form of bricks, soils, gravels, and other trash materials. Fill was concentrated on the lower portion of the property that is currently used as a yard, parking area, and driveway. The current landowner graded the fill and seeded the yard to establish a grass lawn adjacent to the seasonal drainage. The Gordleys converted the flat grassy section of the yard closest to the drainage into a soccer field for use by their family. Adjacent to the field is a relic peacock cage surrounded by fill piles left by previous land owners that consist of bricks, chunks of cement, broken drain tiles, and other materials. Remnants of a cement driveway and parking area typify conditions found on the southern portion of the parcel. Bisecting the property is a seasonal drainage ditch that flows to the north. Surface water from surrounding impervious surfaces, drainage from a blueberry farm to the south, and flow from a neighbors' filled pond fill the ditch dug in the 1950s. Recently, there has been an increase in density of adjacent housing developments leading to the expansion of impervious surfaces in the surrounding landscape; this alteration likely increases the amount of storm water moving into the Gordley and neighboring adjacent properties. The property owner indicates that they observed evidence of effects of these landscape changes on the eastern portion of the parcel outside of the area of study where water now ponds more regularly and flows down a narrow manmade channel and empties directly into the seasonal drainage. The property owners directly southwest of the area of study filled a lined pond causing additional surface water to seep and flow across the Gordley soccer field. The neighbors attempted to correct the problem two weeks prior to the site visit by digging a long shallow trench across the area of study to connect the pond with the seasonal drainage. This solution did not appear to resolve the issue as much of the subject property appeared to continue to receive significant surface flows. Later, the neighbor reconnected the pond to a pump that 5 historically regulated the volume of water available in the pond, this adjustment appears to have resolved the issue although further evaluation of historic and future onsite hydrology may be necessary to determine if the pump fixed the problem completely. As a result of the work to repair the filled pond surface flows, much of the vegetation on the lower portion of the property was disturbed and covered with grovels and other materials brought in by the neighbor. Vegetation was able to re-establish itself to some extent by our second site visit and is described in greater detail in section 4.2.1. As shown in Figure 3, project staff delineated one wetland in the central portion of the property. 4 Results Steward and Associates staff identified one expansive wetland and a seasonal drainage within the study area (Table 3; Figure 3). The wetland continues offsite to the east where it terminates at a new housing development. To the south, project staff observed what is possibly a portion of a Palustrine scrub shrub wetland mapped by the National Wetlands Inventory (NWI) (Appendix A; Figure 5); a portion of it appears to be currently used as a blueberry farm. As referenced previously in this document, a small seasonal drainage flows north and eventually meets up with May Creek. Ecology has not mapped this stream likely due to size, seasonality, or age. During flood events the onsite wetland likely drains into the seasonal drainage and eventually meets up with May Creek during flood events. lame J. Area oT weTlana a len Tn oT aranq a menTinea at Tne_c7oraiey prope Area Onsite (sq ft)/ Area Onsite Critical Area Length (ff) (acres) Non -isolated wetland - 12,632 -0.29 NA Unnamed seasonal --264 drainage 4.1 Wetland & Stream Classification rty. 4.1.1 Cowardin Classification of Wetland According to the Cowardin System of wetland classification, as described in Classification of Wetlands and Deepwater Habitats of the United States (Cowardin 1979), the classification for the delineated wetland is as follows: System: Palustrine Class: Emergent and forested Sub -class: Persistent and broad-leaved deciduous 4.1.2 City of Renton Classification Wetland Project staff rated the approximateiy 0.29-acre riverine wetland running along the southern and easterly portion of the subject property using the classification system specified in RMC 4-3-050 M l .a. Using this system, the subject wetland is classified as Category III as it is characterized by human -related hydrologic alterations, exhibits vegetation alteration, offers low plant species diversity, and does not meet the requirements of a category I or II wetland. Pursuant to RMC 4- 3-050 M G.a, Category Ili wetlands within the City of Renton typically receive 25-foot protective buffers. 4.2 Wetland & Upland Description The delineated wetland is an approximately 0.29-acre Palustrine, emergent, and forest dominated wetland occurring in a valley starting at NE 2011, Street, where the drainage emerges onto the property, and continues northward to the parcel boundary. The majority of the wetland is relatively disturbed and is currently being used as a backyard. In the summer, the property owner indicates that the wetland area dries completely and becomes highiy compacted. 4.2.1 Vegetation "Facultative" and wetter species dominated the subject wetland vegetation. Within the wetland, emergent species such as creeping buttercup (Ranuncu)us repent, white clover (Trifolium repens), English / rib plantain (Plantago lanceolato), and typical lawn species such as bentgrass (Agrostis sp.) dominated the landscape. Project staff also observed smaller patches of giant horsetail (Equisetum telmoteia), soft rush (Juncus effusus), and reed canary grass (Pholoris orundinacea). Vegetation creating the forest canopy in the southern part of the property included red alder (Alnus rubra), and black cottonwood (Populus balsomifera). Pacific willow (Sofix lucida) and Sitka willow (SaNx sitchensis) dotted the understory of the sapling/shrub stratum. The cottonwood appear to be dying back possibly as a result of excessive inputs of surface water, disease, or pesticides associated with the upstream blueberry farm. Typical pasture and lawn species dominated upland areas surrounding the wetlands; patches of red clover (Trifolium pratense), common plantain (Plantago major), and dandelion (Taraxacum officinale) covered the lawn surrounding the house. Pockets of Himalayan blackberry (Rubus armeniacus), morning glory (lpomoea leptophylla), and fescue (Festuca sp.) dominated the upland areas located to the south of the soccer field. Given the abundance of upland and facultative upland species observed, the area outside the wetland boundary did not meet the criteria for hydrophytic vegetation. For a complete list of vegetation identified during field visit see Appendix B. 4.2.2 Soils The Soil Survey of King County Area, Washington (National Resource Conservation Service (NRCS) 1973) maps the soils underlying the subject property as Indianola loamy fine sand, 4- 15 percent slopes with inclusions of Shalcar muck (Appendix A; Figure 4). The Indianola series consists of somewhat excessively drained soils formed under conifers in sandy, recessional, stratified glacial drift (NRCS 1973). In the upper 30-inches of a representative profile, soils are grayish -brown, dark yellowish -brown, and light olive brown loamy fine sand. Permeability is rapid with an effective rooting depth is approximately 60 inches or more. Available water capacity is moderate and runoff is slow to medium (NRCS 1973). Typically, Shalcar muck appears as very poorly drained organic soils: these soils formed in deposits of sedge peat and alluvium in stream valleys and on rolling, glaciated uplands. The mucky layers range in color from black to very dark brown with a combined thickness of 15 to 28 inches. A horizon of loamy sand to silty clay loam mottled with very dark grayish brown, gray, and olive gray features, is typically present. Permeability is moderate in the organic layers and moderate to rapid in the lower part of the profile. A seasonal high water table is present at or near the surface. The available water capacity is high and runoff is ponded. To confirm the NRCS data, the team excavated sample pits and determined that the soil within the wetland area is predominantly either grayish brown or dark -grayish brown sandy silt -loam with a low chroma (1 OYR 3/2, i OYR 3/ 1). Subsoils typically appeared dark yellowish -brown with a fine sandy loam texture (2.5Y 3/2), Within the soil matrix, project staff also observed brightly colored redoximorphic features including small iron concretions and oxidized root pores. The color of the soil and the presence of redoximorphic features satisfy the hydric soil criterion for wetlands. Portions of the wetland also had an abundance of fill materials including pieces of broken drain tile, metal fragments from relic trash, and pieces of brick. Further south, the soil texture became increasingly gravelly possibly from the creation of the driveway and parking area. Soils in the adjacent uplands were also reviewed to confirm if they met the soil survey description. The soils observed matched the description appearing dark yellowish brown and grayish brown in color (2.5 Y 3/2 and 10YR4/3). Soils were slightly damp and did exhibit some redoximorphic features in western portions closer to the house. The majority of the redoximorphic features appeared deeper than the required threshold of 10-inches or beneath the A -horizon, and therefore do not meet the hydric soil criterion (Corps 1987). 4.2.3 Hydrology Project staff observed several obvious primary hydrologic indicators onsite including deeply saturated soils, areas of shallow temporary inundation, and a seasonal drainage. Secondary indicators such as drainage patterns associated with the seasonal stream and the presence of an NRCS mapped hydric inclusions (Shalcar muck) provide further evidence of the presence of wetiand hydrology. Project staff observed that soil pits readily filled in with free water 5-10 minutes after excavation in the lower portion of the lawn near the drainage (see Appendix C for specific data). Based on field indicators and information from the Soil Survey of King County Area, Washington (National Resource Conservation Service (NRCS) 20070), the subject wetland is inundated or saturated to the surface for more than 12.5 percent of the growing season (for the Renton area the growing season typically starts in April). Upland areas adjacent to the wetlands had no water in the soil pits observed and minimal hydrophytic vegetation. Soils observed appeared fairly dry (some soils reviewed appeared moist likely due to recent rain event) and porous with very few if any redoximorphic features within the top 10-inches of soil or below the A horizon (if at all) leading the project staff to conclude that these were outside the wetland boundary. See data sheets in Appendix C for additional information. 4.2.4 Wetland Determination Project staff delineated the onsite wetlands based on the presence of hydrophyfic vegetation, hydric soils, and hydrology which generally occur where the landscape slopes eastward towards the center of the undeveloped portion of the property. 4.2.5 Jurisdictional Determination As the onsite wetland is hydrologically connected to a water of the U.S. (the onsite seasonal drainage), the critical area may also be regulated by the Corps as a jurisdictional wetland. Locally, the wetland is regulated by the City of Renton's Critical Areas Ordinance (RMC 4-3-050) and review by state and local agencies is advisable prior to any detailed site planning and/or construction activity altering wetlands. 4.2.6 Wetland Buffers Pursuant to RMC 4-3-050 M.6a, Category III wetlands within the City of Renton typically receive 25-foot protective buffers. Depending on the design and intensity of the development planned for this property, the wetlands and their respective buffers may or may not be impacted. The onsite buffers are not currently in high quality condition as the majority of the buffer possesses semi -compacted soils, with a large amount of fill present in the matrix, additionally much of the buffer vegetation mowed regularly as it is primarily used as lawn. The remaining buffer to the south is dominated by typical invasive species such as dandelion and Himalayan blackberry. Prior to development on the parcel, property owners may be required to enhance the buffer to ensure that it provides sufficient protection for the adjacent critical areas per RMC 4-3-050 M 6.a. Further details as to the potential impacts associated with any planned physical development activities should be evaluated prior to finalizing the critical areas study. At N present, the current property owners do not plan to physically impact the 0.59-acres of onsite buffers and seek adjust property lines or possibly short plat the property. 5 Wetland Functions and Values 5.1 Water Quality Wetlands provide an improvement in water quality function by storing and filtering large amounts of water. The vegetative structure of wetlands slows the flow of water, causing sediments, nutrients (primarily nitrogen and phosphorous), petroleum products, heavy metals, pesticides, and herbicides to settle out of the water column. Located towards the base of a hillside in a long shallow valley, the onsite wetland gently slopes away from the primary residence and lawn along a very low gradient drainage moving to the northeast. The wetland receives inputs of groundwater or surface water from adjacent up -gradient lands and the small seasonal drainage that originates offsite (Figure 3). Shallow depressions scattered across the subject wetland may trap some sediments and pollutants as water moves across the landscape, but these are limited in size and abundance. The lack of dense vegetation within the wetland also inhibits the ability of the system to provide a significant filter that would trap upslope sediments as the water moves them towards the seasonal drainage. The lawn on the very northern part of the wetland is healthy, dense, and likely provides some erosion control function for incoming precipitation, surface water, or groundwater flow; additionally, the grass appears to trap some water moving across the property as is evidenced by the shallow puddles appearing on the lawn. The onsite wetland is physically relatively disturbed both by regular mowing and the neighbors' storm water project, reducing the ability of the wetland to significantly slow the flow of water across the landscape. The onsite wetland possesses excellent opportunity to improve water quality from potential pollutants coming into the wetland as it is surrounded by fairly dense housing development, an active blueberry farm, and unmanaged storm water flows associated with neighboring properties. The valley encapsulating the wetland is lined by some residential structures and roadways that run both east -west (NE 201h Street) and north -south (Jones Road) providing opportunity for the wetland to filter storm water moving across the landscape. In addition, water flowing through the wetland eventually meets up with the seasonal drainage and eventually possibly May Creek; allowing the wetland to filter water entering the drainage should contribute to the overall health of the watershed by improving the quality of water flowing through the system. Future development adjacent to the wetland will increase its opportunity to provide a water quality function for the community given its location in the watershed and surface water connection to the moderately urbanized May Creek. 5.2 Water Storage Wetlands control storm water flow by attenuating surface water runoff during and after storms and slowly releasing it to groundwater and/or to adjacent water bodies. Research has shown that this function can reduce and desynchronize peak flood crests and flow rates of floods. As the onsite wetland spreads across a fairly large portion of the lower landscape of the base of the slope and receives inputs of groundwater and surface water from adjacent up -gradient lands, its ability to attenuate floods and stream flows is increased. Specifically, inputs of flow entering the seasonal drainage dissipate as they move across the wetland and travel towards the waterway. A few shallow microdepressions scattered across the landscape likely provide minimal live storage function protecting lower elevations from flooding during high flow events associated with the seasonal drainage and urban flooding. Limited dense vegetation other ff than a well maintained lawn also inhibit the onsite wetland's ability to significantly slow flows of water from upland landscapes moving down the slope towards the seasonal drainage. The water storage function provided by the onsite wetland will not be directly compromised by the subdivision of the property as it will not involve any disturbance to the landscape. Further development on the property may increase the opportunity for the wetland to provide water storage function as it may involve the expansion of upland impervious surfaces and in turn a growth in storm water flowing down the hillside into the system. 5.3 Fish and Wildlife Habitat Species that depend on wetland habitats for reproduction, foraging, roosting, or refuge include waterfowl, amphibians, insects, birds, fish, and mammals. Species abundance and diversity is higher in wetland habitats than in isolated upland areas because they generally provide greater structural and plant diversity, more edge habitat where two or more habitat types are linked, more varied forage, and a predictable water source. The onsite wetland and surrounding uplands contain a fairly limited diversity in vegetative structure, including emergent plants, and forested areas, which have the potential to provide habitat to a variety of wildlife species. Pockets of scrub shrub communities border the edges of the wetland, but do not represent a dominant vegetative strata onsite. Increased structural complexity provided by different vegetation types optimizes potential breeding areas, escape, cover, and food production for the greatest number of species (Hruby et al. 2004). The onsite wetland does contain a moderate array of water regimes, including temporarily inundated and saturated hydroperiods, as well as a seasonally flowing drainage which provide diverse habitats for various species life cycles. Project staff did not observe large -woody debris onsite (outside of piles of firewood), but did observe a few snags within the onsite wetland, which provide excellent wildlife habitat for many bird species. The fish and wildlife habitat function provided by the onsite wetland has been compromised by previous site disturbances on adjacent properties, leading to the fragmentation of important forested wildlife corridors between nearby wetlands and the subject wetland. Specifically, the installation of NE 20th Street added an impervious barrier disconnecting the onsite wetland with adjacent wetlands. In addition, the growth of the surrounding offsite residential communities and mismanaged storm water flows from adjacent neighbors may increase the amount of potential pollutants flowing into the wetland. The degraded buffer is not as densely vegetated as the onsite wetland, which may limit its ability to slow the flow of water moving across the landscape and as such, the wetland receive may receive greater inputs of unfiltered storm water than it would if the buffer were more densely vegetated. As the majority of the wetland occurs on private property that is fairly easy to access, it is moderately disturbed by direct human activities. Neighbors apparently trespass on the property to access a narrow easement that runs across the Gordley property. Noise from adjacent roadways and local residents may limit the abundance of wildlife, and given the limited size of the wetland, it is likely that animals are not able to easily move through the wetland without interacting with humans. While onsite, project staff observed stellar jays (Cyanocitto stelleri), American Robins (Turdus migratorius), and winter wren (Troglodytes troglodytes). 5.4 Recreation and Aesthetic Value The onsite wetland occurs on private property and has limited potential to provide a great deal of aesthetic value to those who reside near them (e.g., bird watching) given the limited quality habitat availaUe within the wetland. The majority of the wetland is contained in the northern portion of the property, well away from NE 20th Street, where neighboring community members 11 could observe wildlife activity as they pass the property, decreasing the opportunity for the general public to appreciate the recreational and aesthetic value of the property. The aesthetic value provided by the onsite wetland has been significantly altered by anthropogenic influences from previous agricultural use, import of fill materials, and the use of the area as a manicured backyard. Runoff from the adjacent neighboring homes (project staff noted French drains from the corner property directly feeding into the Gordley property) as well as pesticides from the upstream blueberry farm may increase the amount of potential pollutants entering the wetland; this dynamic may limit the amount of wildlife using the property as well as pofentially negatively affect any amphibians within the vicinity, especially given the degraded condition of the buffers. Enhancements to the buffer, such as planting, would greatly improve their ability to process pollutants traveling into the wetland and provide additional wildlife habitat as well as aesthetic improvements to the property. Expanding development activities in the area continue to fragment important wildfife corridors between wetlands in the area. The onsite wetland is bisected from adjacent southerly wetlands by the aforementioned roadway, limiting the ability of wildlife to travel between wetlands. To the east, the property is largely undeveloped, but connections to other adjacent wetlands are fairly disturbed by the intrusion of new development projects. If the property owners eventually subdivide the parcels, this will not present any significant impacts to the wetlands ability to provide both a recreational and aesthetic value to the community. If the smaller parcels are developed into new single family residential homes, building activity should be limited to the area outside of the buffer and wetland to avoid and minimize any additional impacts to the aesthetic value of the onsite critical areas. Specific analysis of the impacts associated with future construction should be added to the report once development plans are finalized. 6 Proposed Action and Subsequent Impact The current project proposed by the Gordleys does not involve any physical impact to the area of study and seeks purely to adjust the property boundaries to create at least two smaller lots. After property owner reviews the extent of the wetlands delineated, they plan to potentially redraw the property boundaries and sell the parcels. Future property owners may design a development plan for this property that would involve the construction of single family residential units on the site. Once that is complete, an addendum to the report will need to be added to describe the proposed activities allowed under RMC 4-3-050 C within streams, wetlands, and associated buffers. 7 Mitigation Plan The applicant does not seek to physically impact the properties under review and as such will not need to devise a mitigation strategy at this time. If a development plan is desired, once finalized, a mitigation plan will need to be included as an addendum to this report. W 8 References Bigley, R. and Hull, S. 2000. Recognizing Wetlands and Wetland Indicator Plants on Forest Lands in Washington. Washington State Department of Natural Resources, Olympia, Washington. Cowardin, L. M., V. Carter, F. C. Golet, and E. T. LaRoe. 1979. Classification of wetlands and deepwater habitats of the United States. U. S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. Ecology (Washington State Department of Ecology). 1991. Washington State Wetland Rating System, Western Washington. Publication #91-57. Olympia, Washington. Ecology (Washington State Department of Ecology). 1993. Washington State Wetland Rating System, Western Washington, Second Edition. Publication #93-74. Olympia, Washington. Ecology (Washington State Department of Ecology). 1997. Washington State Wetlands Identification and Delineation Manual. Ecology Publication #96-94. Olympia, Washington. Federal Interagency Committee for Wetland Delineation (FICWD). 1989. Federal manual for identifying and delineating jurisdictional wetlands. U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Department of Agriculture Soil Conservation Service. Cooperative Technical Publication. Washington, D.C. Greytag Macbeth Corporation, 1994. Munsell soil color charts. New Windsor, New York. Hitchcock, C. L. and A. Cronquist. 1973, Flora of the Pacific Northwest. University of Washington Press, Seattle, Washington. Hruby, T. 2004. Washington State wetland rating system for western Washington -Revised. Washington State Department of Ecology Publication # 04-06-025. Reed, Jr., P. B. 1988. National list of plant species that occur in wetlands- national summary (Northwest = Region IX). U.S. Fish and Wildlife Service, Washington, D_ C_ Biological Report 88(24). Reed, Jr., P. B. 1997. Revision of the national list of plant species that occur in wetlands. U.S. Department of Interior, Fish and Wildlife Service, Washington D.C. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture (NRCS) . 2007a. Official Soil Series Descriptions [Online WWWJ. Available URL: http://soils.usdo.aovltechnicailcfassificationlosdlindex,html. [Accessed 6 April 2007]. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. 2007b. Web Soil Survey [Online WWW]. Available URL: http:I/webso_ilsurvey.nres.usdo.govloppl. [Accessed 6 April 2007]. U.S. Army Corps of Engineers (Corps). 1987. Corps of Engineers Wetlands Delineation Manual. U.S. Army Corps of Engineers. Technical Report Y-87-1. Waterways Experiment Station, Vicksburg, Mississippi. 13 U.S. Department of Agriculture (USDA). 2007. Plants Database. [Online WWWJ. Available URL: http://plants.usda.gov/index.html. [Accessed 17 April 2007]. U.S. Fish and Wildlife (USFWS). 2007. Wetland Digital Data. [Online WWW]. Available URL: http://weilandsfws.er_usgs.gov/NWi/. [Accessed 17 April 2007]. Washington Department of Ecology (Ecology). 2001. Storm water Management Manual for Western Washington. Lacey, Washington. Washington Department of Ecology (Ecology). 1991. Washington State Wetlands Identification and Delineation Manual. Ecology Publication 91-57. Olympia, Washington. Weather Channel Interactive, Inc. 2007. Monthly Planner for Renton, Washington. [Online WWW] Available URL: hftp://www.weafher.comlweat-her/monthj_yl_USWA0369?monfh=-I. [Accessed 17 April 2007]. 14 Appendix A. Supplemental figures. Page left blank intentionally. 15 Figure 4. Soils surrounding Gordley property as mapped by NRCS. (InC: Indianola series: Sm: Shalcar muck) (NRCS 2007) 3C IL SUR'r=Y C,- -(ING COUN—YAREA. WASHIN3TOK Godley Meters Fret 4 It, 30 60 7 45 90 183 27Q 3C-O V. Figure 5. Nearby mapped wetlands provided by National Wetlands Inventory (USFWS 2007). Gordley 12- 14F',Y 122-11 -to Ly 72.11.35'A 2 ti fV -1 }5 ,n v 2 a Legend 1 � Ou[or lxnpt �/ Inl0rst2:9 Major ROTds OMw -.sad 8tatc n A,rey US Shwa/ Rea �A ! CiGrf USGS quad Fn=as 24K Lawn, W Yllatand Polygons A ftwAd lr r•c nkrd-e CM'Kp Iq- ,�, _ E.surl a.wc Md.. WA.,d b Frs{tir�r Em.rEerf'F/en�d '- FMllu rr r n �NWIV9att E �r�ml ffl Pr�IMhaRaar Fortl Irar O/itr Rlwtlna LD"r M km4ahla Wagand Oeta yry Flon-0 g MI M i He Geis Y 13[al NIHr se+famf --- Count a% WOK Urban Areas 3,39K Q $latas 100K Swrth A.warico 12=-'1iF'N' 122-1120tiV Map tenter: 47` X V.3" N. 122- 1 40.8. VV I Scale: 1 3,025 Tl is map s a _set ysrterated sL h, vw-ut flol- ao l-fufne- tnap*q .ie and s 1u- 9sne`;l Ie`vexe a#1 Bata la'11as+#€I a ppr ro this -m-ma o nt;v nU'. tie axuare. �Lnenl, =r a:he-irs= reGade 7F3S V1AI' $ f�C'" 7'� �E LSD FOy� I Ili I Soh{C��� 1' � ?C� -, ft��rcer �s[�n I �IC1 k[�I I Io r f t�f 1 , t 13f I � t cSrry� VHF �6•4:1,��i f. S.. 17 APpenaix C. LIST oT common ana scienTITlc H SCIENTIFIC NAME COMMONNAME WIS Trees Ainus rubra red alder FAC Pe ufus balsamifera Iblack cottonwood FAC Shrubs Berberis nervosa = Mahonia nervosa dwarf i dull! long -leaved Oregon grape NL Cratae us sp. Cultivated hawthorn FACU+* Ilex aquifolium Ribes sanguineum Holl NL red -flowering currant NL Rubus armeniacus = R. discofor = R. rocerus Himalayan blackberry FACU Salix lucida var. fasiandra = S. lasiandra pacif c wi!low Curly Willow Sitka willow FAC V- Salix matsudana Salix sitchensis NL FACW Sorbus sco ulina Greene's/ western mountain ash FACU Herbs/Grasses Cardamine oli os erma Little Western Bittercress FAC Cirsium arvense Canada thistle FACU+ Epilobium cifiatum ssp. Watsonii = E, watsonii Watson's willow -weed/ willowherb FACW E uisetum telmateia giant horsetail FACW Galium s . Bedsiraw UPL to FACW+ Geum macro h fluor large -leaf avens FACW-* Hedera helix English Iv NL ' Ipomoeaeriocarpa Morning Glory NL € Maianthemum difatatum false/ wild lily -of -the -valley FAG Plantago lanceofata Planta omaor Engiishl rib plantain broadleaf/ common plantain FAC I j FACU+ Poiystichum munitum sword fern FACU i Ranunculus repens creeping buttercup FACW Rumex s p. Dock FAC to OBL Taraxacum officirnale dandelion NL ' Trifohum pretense red clover FACU i Tnfofium re ens white clover FAC"' A r bs s Bentg rass FAC Festuca arundinacea tall fescue FAC- Juncus effuses soft rush FACW Phalan arundinacea reed canarygrass FACW Poa spp. Bluegrass NL to FACW ant names identified at subject property. is Appendix C. Data sheets Page left blank intentionally. IM DATA FORM 1 (Revised) Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) ProjectlSite. Gcv-(! 1'-, I Date: _j . - a U Applicant/owner: J /� Ic i� �.� {,7 L� to llr� �i 'I . County: ` I v- lnvesti ator(s): t L} 4 G i "Yl ! jE'4'S '} State: 1<ViL4z'L lcft'r S/T/R: N2?'N Do Normal Circumstances exist on the site? re no Ncvm,j QOW, L Community ID: �.s. M is the site significantly disturbed (atypical situation)? yes Transect 1D: Is the area a potential Problem Area? yes ('o'), Plot ID: F.x lanation of atypical or problem area: VEGETATION (For strata, indicate T = (ree; S — shrub; H = herb; V = vine) Dominant Plant S ecies Stratum % cover indicator Dominant Plant Species Stratum % cover Indicator Y l .cZ) l V M Irtffl o ��� JL�� �fC' J ft-C �LVL K0(Ulvt Oi 1",_16k1- 2`�o HYDROPHYTIC VEGETATION INDICATORS: L % ofdojninants OBL., FACW, & FAC t3�1C Check all indicators that apply & explain below: Visual observation of plant species growing in Physiological/reproductive adaptations areas of prolonged inundation/saturation Wetland plant database X Morphological adaptations Personal knowledge of regional plant communities _. _ Technical Literature Other (explain) Hydrophytic vegetation present? yes �o Rationale for decision/Remarks: VC'4�6(lflo_y') Pfl fv ktuvvo ��G�� 1; 1''rL'lf1T 2t1V�e,Y�Clr'9'��� VVnOwed HYDROLOGY Is it the growing season? CCs, no Water Marks: yes Vic) Sediment Deposits: yes C on Based on: soil temp (record temp _ ) Drift Lines-.. yes Drainage Patterns: yes �9 t' other (explain) Dept, of inundation: _ inches Oxidized moot (live roots) Local Soil Survey: yes (n� Channels <12 in. e no FAC Neutral: yes no Water -stained Leaves yes n Depth to free water in pit; _ __ inches Depth to saturated soil: — inches Check all that apply & explain below: Other (explain): Stream, Lake or gage data: Aerial photographs: Yti Other: Wetland hydrology present? yes no Rationale for decision/Remarks: vw s�;'KiL ci,'t' C'CWt 00. C ` t't '� 1' � i' I .�... () f �~ i'-4 e] U i eUy tM VW I In e . SOILS Map Unit Name _ { 1`1 J i t.-YJ C, I A Ile (Series & Phase) 3A nd �1 Taxonomy (subgroup) I ' Drainage Class C-401 Field observations confirm Yes; No Profile Description Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Munsell (Munsell size & contrast structure, etc. profile moist) moist) (match description) ,z 1 DOT ut,"vv n) `I t l iuw �jVU�4+� 7tili�L�QY1l� 4 l Hydric Soil Indicators: (check all that apply) Histosol �r_ Matrix chronia <_ 2 with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime _ Organic Streaking in Sandy Soils Reducing Conditions Listed on National/Local Hydric Soils List f�nC t VS� C Gleycd or low-Chrorna (=t) matrix Other (ex lain in remarks) Hydric soils present`.' e� no fIA 41AI'1 1) ) . -,v ti �A' b C it Rationale for decision/Remarks: C' ti Yr GICI i V "-u Y 1 � 1— 0 V1 t r� i (?�,Y 1 e=� (C` i'14-C 1I f� & � 0 r Wetland Determination (circle) Hydrophytic vegetation present? yes COP Hydric soils present? 0 no is the sampling point yes no Wetland hydrology resent? yes within a wetland? Rationale/Remarks; VI cj JAB vh t� v�� €�Ct1 rIAll n1r f�f I.� �'3'�� � NOTES: Revised 4197 0 DATA FORM 1 (Revised) Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Pro}eetlSite: ` Date: 3 Applicantlowner:� cl.�� �'��y��'kJ I i County: ti . Investi atoms): .�L ! t � ,'{!v{ 1.1 `. � •(' Z y(, > j- State: VI 0�4�C)'f_C. y S(FIR: •) _�N _N Do Normal Circumstances exist on the site? no t ` Community ID: 1 �'fi`� Is the site significantly disturbed (atypical situation)? yes 0 1 Y-`� CdJt'V 4�t Transect ID: Is the area a potential Problem Area`? yes (9.9) Plot ID:� Explanation of atypical or roblem area: VEGETATION (For strata. indicate T = tree; S = shrub; Id = herb; V = vine) Dominant Plant S ecies Stratum % cover Indicator Dominant Plant Species Stratum % cover Indicator T�40 t "r It ke. x i l 5 0 I G Fri C t;Y VVAY\441'01 IOU � t HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC _'>5y'%C Check all indicators that apply & explain below: Visual observation of plant species growing in Physiologicaltreproductive adaptations areas of prolonged inundation/saturation Wetland plant database r Morphological adaptations Personal knowledge of regional plant communities x Technical Literature Other (explain) Hydrophytic vegetation present? f e3 no j Rationale for)dre�cision/Remfa{rks: (} r I� I 0 � .X, L'l' V �' �� � 61 �'Z./! J {r i t% � iJI/ � t✓ Y P �} 1.-�i HYDROLOGY Is it the growing season? tc� nc Water Marks: yes no) Sediment Deposits: yes on Based on: soil temp (record temp _ _) Drift Lines: yes 6ol Drainage Patterns: yes 0 V�F:fr_ iG Uk V. other (explain) Dept. of inundation: inches Oxidized Root (live roots) Local Soil Survey: yes nc� Channels <l2 in_ e • no Depth to free water in pit: inches FAC Neutral: y s no Water -stained Leaves yes Depth to saturated soil: inches Check all that apply & explain below: Other (explain); Stream, Lake or gage data: Aerial hoto ra hs: Other: Wetland hydrology present? yes no•. Rationale for decisiWRemarks: 11-Y-eA\� c C'.. �" v,[,V tC,� �.�Y1 (zI� �'1(S v7�7j9a .fit SOILS Map Unit Name _i �-I d ! A.A 1 UP f (t l o a t �'1 ul , -(} kU (Series & Phase) c•C.� s l c Profile DeseWption Drainage Class 'il Iyr v'%' \f Field observations confirm /Ted No Depth Horizon Matrix color Mottle colors Mottle abundance 'texture, concretions, Drawing of soil (inches) (Munsell (Munsell size & contrast structure, etc. profile moist) moist) (match dgscn, ptiart) C C t ai {%� f'j no Hydric Soil Indicators: (check all that apply) Histosol SC Matrix chroma _< Z with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime Organic Streaking in Sandy Soils Reducing Conditions r Listed on National/Local Hydric Soils List o-?(At)Si Gleyed or Low-Chroma (=1) rnatrix Other (explain in remarks) Hydric soils present? -e ; no Rationale for decision/Remarks: C:' t t �5 S��' rem rece-Y �,� iv'� (� I 1 -� Y)c. � S6..� �,^,gtkd. �- �: Wetland Determination (circle) Hydrophy6c vegetation present? yes no Hydric soils present? yes, no Is the sampling point yes no Wetland hydroid resent? yes not within a wetland. Rationale/Remarks. o j�1.' NOTES: Revised 4/97 -V� DATA FORM ] (Revised) Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Carps Wetland Delineation Manual) Project. Site: Go- f _}CS `� CJ t Date: ? . '- �, - ' • � Applicant/owner: �, v1rG� 1i Y �`, ("1'(3�'e ! County: i'`�("[� '/� I r` 1 State: 'I i;YIC�.{..0)/' Investi rator(s : t' () l `� ri Ertl I F r a� .- S/T/R: 2.,-vq r Do Nai7nal Circumstances exist ❑n the site? no vi Cotninunity 1D: Is the site significantly disturbed (atypical situation)? yes C"" Transect 1D: Is the area a potential Problem Arca? yes Plot ID: Explanation ofatypical or roblcm area: VEGETATION (For strata, indicatc T = tree; S — sbnib; 14 = herb; V = vine) Dominant Plant Species Stratum % cover Indicator Dominant Plant Species Stratrun % cover Indicator o��, . t-IYDROPHYTIC VEGETATION INDICATORS: of dominants OBL, FACW, & FAC'>Cj56"/^ Check all indicators that apply & explain below: Visual observation of plant species growing in Physiological/reproductive adaptations areas of prolonged inundation/saturation` Wetland plant database 3c, Morphological adaptations Personal knowledge of regional plant communities >c Technical Literature Other (explain) Hydrophytic vegetation present? "es} no Rationale for decision/Rcmarks: �J Pet - i- Cf 'r en : 1"io1M `J �>'GL.1�i�'>`� tvct_ f_r JC.�C 7 C�Ir�' I^(� . f S{�`Y> �1 63, 4}ktiS HYDROLOGY is It the growing scaSon? c5 tlo Water Marks: ycs, i Sediment Deposits: yes(. LID oil Based on: soil temp (record temp ) [)rift [.incs: yes o1 Drainage Patterns: yes na y - �' - other (explain) � Dept. of inundation_ - inches Oxidized Root (live roots) Local Soil Survey: yes r � Channels r 12 its no? FAC Neutral: re no Water -stained Leaves yes To; Depth to free water in pit: inches Depth to saturated soil: ajL" inches Check all that apply & explain below; Other (explain): Stream, Lake or gage data: ! Aerial photographsC3ther:�� Wetland hydrology present? yes no Rationale for decisioivRcmarks: �� C` i 3 S °� ��:1 �Y c�:i—�. c�i i"tJ S (. � °�'{�r. � C t• <� u�Ll. � v 1��1:i-� c� �� QV'-r� ci. SOILS Map Unit Naine M 61 a Y)0 1 A - � M. t'q (Series & Phase) �- \' n-k 5a,V1 Cl Tax Drainage Class Field observations confirm C, �De No 'V1.Ct4t Profile Description Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Munsell (Mansell size & contrast structure, etc. profile :hoist) moist) (match description) F�j �i V 6 a Hydric Soil Indicators: (check all that apply) llistosol Matrix chroma <_ 2 with 3nottles Histic Ipipedon Mg or Fe Concretions Sulfdic Odor High Organic Content in Surface Layer of Sandy Soils _ Aquic Moisture Regime Reducing Conditions Organic Streaking in Sandy Soils Listed on National/Locat Hydric Soils List Gleyed or Low-Chrorna (�t) matrix Other (explain in remarks) Hydric soils present? �9 no Rationale for decision/Remarks: Wetland Determination (circle) Ilydrophytic vegetation present`? e, no Hydric soils present? yes no Wetland h drolo resent? no is the satnpling point no within a wetland? Rationale/Remarks: ## vv Y-1 1 $ 1'A-'� \(V Vby )' n 0- NOTES: Revised 4/97 DATA FORM 1 (Revised) Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Project(Sitc: G oyd k."jDate: J " Applicant/owner: f (_' f �GI. YL' C' G c.-y i lac t� County: ie— V l l 1 1 t U t (i�l J t"l� `r c��t State �C�tv1 ton Invests ator(s : �J'-V1 1 SIT/R: Do Normal Circumstances exist on the site? no L,&V\1;f} Community ID: Is the site significantly disturbed (atypical situation)? yes Franscct ID: Is the area a potential Problem Arca? }yes no Plot ID: 1}t. Explanation of atypical or problern area: l VEGETATION (For strata, indicate T = tree; S = shrub; H herb; V = vine) Doraitiant Plant Species Stratum % cover Indicator Dominant Plant Species Stratum % cover Indicator bs 17AC t,-r Y di)) TaN"e"Xptv'm L�lf1v7 HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBI., FAC:W, & FAC% �J O plc Check all indicators that apply & cxplain below: Visual obsenatlon of plant Species growing to Physiological./reproductive adaptations areas of prolonged inundation/saturation XWetland plant database i< Morphological adaptations Personal kuowicdge of regional plant communities X Technical Literature Other (explain) Hydrophytic vegetation present? no Rationale for decision/Remarks: C. 1 - r (Ir j A-i vii �(LV t` C� 1`�en • v ? O'1Ived SL �� 1 V i/i � vv a-�Q v � � C, 1�� S,,-G iA Ll d(d-GL `� ' 1 � -� � _ � (_� 1,1P � / C;E'. 4'1 �' •'Y }'J`l '.. HY ROLOGY Is it the growirsg season? es no Water Marks: yes ii - Sediment Deposits: yes 66 ost Based on: soil temp (record temp ) Drift Lines: yes n� Drainage Patterns: yes n� other(explain) Dept. of inundation inches Oxidizcd Root (live roots) local Soil Survey: yes no Channels < 12 in. yes n FAC Neutral: csD no Water -stained Leaves yes n0 Depth to free water in pit: inches Dcpth to saturated soil: inches Chcck all that apply & explain below: Other (explain): Stream, Lake or gage data:�- Aerial pliotographs. / Other: Wetland hydrology present? ye no Rationale for decision/Rcmarks: ( sa-h)-YoJco to, r�l'ti'1;C�C.N • ��X's"c"e�-V)A/�C'f SOILS Map Unit Name (Series & Phase) Taxonomy (subgroup) DrainageClass cf l'Ctt Field observations confirm 'e No mapped tvne? Profile Description Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Munsell (Munsell size & contrast structure, etc. profile moist)) moist) (snatch description) ILV1- Hydric Soil Indicators: (check all that apply) Histosoi X' Matrix chroma 5 2 with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime Organic Streaking in Sandy Soils Reducing Conditions Listed on National/Local Hydric Soils List GIeyed or Low-Chroma (=I) mairix Other (explain in remarks) Hydric soils present:' a no Rationale for decision/remarks: Wetland Determination (circle) Hydrophytic vegetation present? no Hydric soils present? es no Is the sampling point be no Wetland hydrology present? s no within a wetland? Rationale/Remarks: lC%t W1�} S i`. �'V Vl 6''cVY) (t v)V.cl, (�.il,e 6 91118VA Revised 4/97 DATA FORM 1 (Revised) Routine Wetland Determination ('w'VA State Wetland Delineation Manua[ or 1987 Corps Wetland Delineation Manual) Project/Site: G vcc -e Date: - C Applicant/owner: [ `!- �LL�ly��t. (�{� 1 �• Cout1 State: 1N -I V)f' i— l nvesti ator(s): ` . u 11) 4' i-� v t tcri'l n Y � Z) /J S/` -/R: 5 1,2 N -'- Do Normal Circumstances exist oil the site? yes Community ID: is the site significantly disturbed (atypical situation)? 110 Transect ID: is the area a potential Problem Area? � t �> vi al vd4li.Y�. Plot ID: Explanation of atypical.or.p lent area: - V `" CI Vi V1 v) VEGETATION (For strata, indicate µt t ce; , = sht'ub etb Vt vine) Dominant Plant Species Stratum % cover Indicator Dominant Plant Species Stratum % cover Indicator C F 1�-G rY S v-S L, t 44 { � HYDROPHYTIC VEGETATION INDICATORS: %of dominants 0BL FACW, & FAC Check all indicators that apply & explain below: Visual obsci-vation of plant species growing in Pliysiologic it/reproductive adaptations -- areas of prolonged inundationisaturat ion Wetland plant database Morphological adaptations Personal knowledge of regional plant corny unities n Technical Literature Other explain Hydrophytic vegetation present? N6 no Rationale for decision/Remarks: VPCY'1 V iC'lr"Ct L V7d S pa gC' 10(Tr a w"- H '[�CCtee Yct1 L' jCi • C' 0 . l - HYDROLOGY Is it the growing season? Qcno Water Marks: yes Sedifflmt Deposits: yes ta. on Based on: soil temp (record temp } Drip Lines: yes DrainagC Patterns: yes 0, ` l 1 other (explain) Dept, of inundation: inclles Oxidized Root (live roots) Local Soil SUrvcy: yes 116 Depth to free water in pit: inches -f-i Vir; Clurnncls <12 in. �--s n0 FAC Neutral: es no V4rater-stained Leaves yes tip Depth to saturated soil: inches Check all that apply & explain bciow: Other (explain): Stream, Lakc or gage data: y �n U-rl "-46k ('J Aerial hoto }ra plls: Other: Wetland hydrology present? Kel no Rationale for decision/Retnarks:Iv��t+� c e-i Y70iC -6`cj blv- t wry f Z n tYYYt �iGi��iF � Y1 Ch.CJf . U SOILS Map Unit Natne )md !Gi-. oo lai . n� (Series & Phase) YL� ���.y]t� su Profile Description Drainage Class Fx'Ce ss1 V,-Iq Field observations confirm his No Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Mansell (Munsell size & contrast structure, e(c. profile moist) moist) (snatch descriptiotl) J 14 Hydric Soil Indicators: (check all that apply) Histosol Matrix chrotna < 2 with mottles Histic 1pipedon _ Mg or Fe Concretions Sulfidic Odor High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime T Organic Streaking in Sandy Soils 1�cdueing Conditions Listed on National/Local Hydric Soils List Gleyed or .Low-Chroma (-1) matrix Other (explain in remarks) Hydric soils present? -'es no Rationale for decisionlRemarks: Wetland Determination (circle) I lydrophytic vegetation present? no 1-lydric soils present? yes no is the sampling point �Y)s no Wetland hydrology resent? yes no within a wetland? Rationale/Remarks: i t I S�LtC �n fiU C in C� � C' V ,Ybq'�I ct j G 4 h buy A-0ya cI C1!{'�YtilS NOTES: � Revised 4/97 DATA FORM 1 {.Revised) Routine Wetland Determination (WA State Wetland Delineation Manual or 1"7 Corns Wetland Delineation Manuall Project/Site: 6_1CNd Y Date:. ApplicantJowncr: f�_ I [ �(. < 1•�I__l:r��� F,[. ,VC l C, �� County: I`.SI ; 1A C State: r! `k"' l Ylc 1 1n Investi ator(s): vA S/TIR: Do Normal Circumstances exist on the site? &s> no Community ID: ip E M Is the site significantly disturbed (atypical situation)? yes na Transect ID: Is the area a potential Problem Area? yes Plot ID: Explanation of atypical or probtern area: VEGETATION (For strata, indicate T = tree; S = shrub; H herb; V = vine) Dominant Plant Species stratum % cover Indicator Dominant Plant 5 ecics Stratum % cover Indicator .J, L, �-,9t; t- A C V. 4" . ,� � 4�ali str we, 1Au HYDROPHYTIC VEGETATION INDICATORS; % of dominants OBL, FACW, & FAC 7 j6''r1U Check all indicators that apply & explain below: y j Visual observation of plant species growing in Physiological/reproductive adaptations areas of prolonged inundation/saturation Wetland plant database X _ Morphological adaptations Personal knowledge of regional plant communities X Technical Literature Other (explain) Hydrophytic vegetation present? ye no Rationaie for dccision/Remarks: 1 JaDROLOGY Is it the growing season? &C no Water Marks: yes , Sediment Deposits: yes cb!9 on Based on: soil tamp (record temp Drift Litres: yes no) Drainage Patterns: yes ch other (explain) 1]ept, of inundation: incites Oxidized Root (live roots) Local Soil Survey: yes no y ivy rt Depth to free water in pit, 11 Inches Channels <12 in, es o FAC Neutral: e no Water -stained Leaves yes Depth to saturated soil: <_7,\) (� inches Check all that apply & explain below: Other (explain): Stream, Lake or gage data; Aerial photographs: Other: Weiland hydrology present? no Rationale for decision/Remarks: SOILS Map Unit Name VI (A t 0-." G' , 0a (,Series & Phase) �j" Taxonomy (subgroup} 4 Drainage Class X Cfi �f-'s v �. C4 � Gk i VU d Field observations confirm g No Profile Description Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Munsell (Munsell size & contrast structure, etc. profile moist) moist) (match description) DO fjT LJ V 412 �f.� �� If�C�1� ^"}a.] �j �i�V4i�L�yS iz i " � oY R� ai , - - s ► � - ca'm Env Hydric Soil Indicators: (check all that apply) — Histosol Matrix chroma S 2 with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor High Organic Content in Surface Layer of Sandy Soils .quic Moisture Regime Organic Streaking in Sandy Soils 7�^ Reducing Ccmditions = Listed on National/Local Hydric Soils List In O O J4' Gleyed or Low-Chroma (=1) matrix Other (explain in remarks) Hydric soils present? (Yes, no Rationale for decision/Remarks: C Vt ck-k ( eL ' "V C V- j v) C. U C' 1 '" Wetland Determination (circle) Hydrophytic vegetation present? es no Hydric soils yes no Is the sampling point ye no present? Wetland 11 drolo present? ye no within a wetland? Rationale/Remarks.- NOTES: � j d i� G tk1 j - C S ` Vur �) �K CSC_ ':�6� D -V �," U� �-t'-VW D +() [4+e- � cif x. Revised 4/97 M-) DATA FORM 1 (Revised) Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Project/Site: VC � t, 1 l.. Date: 3G , c - � ApplicantJowner� County.. 4 et V)C. '1l111� ;� L'.t�1111� C✓ t�s'�i state: V`r1rN4 " • ' a Investi ator(s); S/TIR: -7 , Do Normal Circumstances exist on the site? a no Community ID. pEm Is the site significantly disturbed (atypical situation)? yes Transect ID: Is the area a potential Problem Area? yes no Plot 1D: Explanation of atypical or problem area: VEGETATION (For strata, indicate T = tree; S = shrub; H = herb; V = vine) Dominant Plant Species stratum °f cover Indicator Dominant Plant Species Stratum % cover Indicator C`Nc C�y �'�1LYl U`Yl Ll+' i 4> .`., �• '� f�.� �'i S � �:� ��r�� �'��C.� HYDROPHYTIC 'VEGETATION INDICATORS, % of dominants DBL., FACW, & FAC Check all indicators that apply & explain below: Visual observation of plant species growing in Physiological/reproductive adaptations areas of prolonged inundationlsaturation _ Wetland plant database A, Morphological adaptations Personal knowledge of regional plant communities x Technical Literature Other explain) Hydrophyfic vegetation present? yes no Rationale for decision/Remarks., p,,_ fY) U4 le d K-e lI t � v eC (C 1 �I� i f.. [\ e-e 4' C� v f . 1 r� Ch c ( HYDROLOGY Is it the growing season? Dl- no Water Marks: yes n� Sediment Deposits: yes no•� on Based on: soil temp (record temp ) Drift Lines: yes , Drainage Patterns. yes CAl —h�� VN� L�J " other (explain) ' Dept. of inundation: inches Oxidized hoot (live roots) Local Soil Survey: yes n l�'t', yy ;fly •� Depth to free water in pit: i inches Channels <12 in,(Q49 PAC Neutral: es Water -stained Leaves yes no) Depth to saturated soil: inches U Check all that apply & explain below: Stream, Lake or a e data. Other explain): r r f Aerial hoto ra hs: 7c Other: Wetland hydrology present? yes no Rationale for decision/Remarks: 1 �� fit, c' S iAS-4 t' SOILS Map Unit Name C-1 10'y" G 1A -i)-. Qaq `1'19 (Series & Phase) f i � ; a 4` � c� I w ,,I ti i l l V /a [Pro lle Description Drainage Class � X cp't Y I 'i d vl, t Field observations confirm de- No mapped type? 1 VA C l V `� ( i` r1 n -- �;V) Gz 1; ty- M it �-. Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Munsell (Munsell size & contrast structure, etc. profile moist) moist) (match description} Hydric Soil Indicators: (check all that apply) Histosol Matrix chrorna < 2 with mottles Histic Epipedon _ Mg or PC Concretions Sulfidic Odor Higb Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime _ Organic Streaking in Sandy Soils )c Reducing Conditions fisted on National/Local Hydric Soils List 1 tl V S) C Gleyed or Low-Chroma (=1) matrix Other (ex lain, in remarks) Hydric soils present? s } no Rationale for decision/Remarks: o Si��,1� f���'� r►�c1��sie cc�ct�J Wetland Determination (circle) Hydrophytic vegetation present? es no Hydric soils present? es no Is the sampling pointes� no Wetland hydrology present? no within a wetland? RationaWRermarks: 1 4,1 Lf dj Ct C > I-Uf IT) I, C S f?'o ..) 0Y10G r` a4L/' .� NOTES: Revised 4/97 P-) DATA. FORM 1 (Revived) Routine Wetland Determination (WA State Wetland Deiineation Manual or 1987 Corps Vitetland Delineation Manual) Project/Site: . D� — — Date: Applicant/owner: [ `-t i }rc`� t U Y C 4 .� I' Investi ator(s): J 't V 14r1 I k' 'Y1 (. ') Vl I t' �r County: 1 V� cJ State: �iLl ���t1Y tl�il1 S/T/R: L7,6 5 Do Normal Circumstances exist on the site? ` yes no Is the site significantly disturbed (atypical situation)? yes no Is the area a potential Problem Area? yes no Explanation of atypical or problem area, Community ID: Transect ID: Plot ID: VEGETATION (For strata, indicate T = tree; S = shrub; H = herb; V = vine) Dominant Plant Species Stratum % cover Indicator Dominant Plant Species Stratum % cover Indicator 4v, AYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC i 5 �: (" Check all indicators that apply & explain below: Visual observation of plant species growing in Physiological/reproductive adaptations areas of prolonged inundation/saturation Wetland plant database _ Morphological adaptations Personal knowledge of regional plant communities ` Technical Literature Other (explain) Hydrophytic vegetation present? ye no Rationale for decision/Remarks: ! ke p"I'a- t 111 c� f11 � `� I � } � , VV'_4. �t VI/A(..j(-s �� l il HYDROLOGY Is it the growing season? es . no Water Marks: yes V Sediment Deposits: yes on Based ony: soil temp (record temp _ } Drift Lines: yes tyl Drainage Patterns: yes % � <, TLC �� other ex lain) Dept. of inundation: _ inches Oxidized Root ( live roots) Local Soil Survey: yes ,, p'�(al`t {� U't� Depth to free water in pit: �J inches De th to saturated soil: L t� r inches Channels <12 in. no FAC Neutral: no Water -stained Leaves ves o Check all that apply & explain below: Other (explain): Stream, Lake or gage data: Aerial hoto ra hs: Other: 1 1 tt 1 Wetland hydrology present? no Rationale for decision/Remarks: II SOILS Map Unit Name V Co f Owl L} f (v Q oa M t,l (Series & Phase) et L� S �VldJ J z subgroup) r Profile Description Drainage Class �- X ( tySSiye I L r Field observations confirm es Nc manned woe? 1 n (A u e -YXA c.'n al Cct- M U c' Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Munsell (Mansell size & contrast structure, M. profile moist) moist) (match descri tion) Hydric Soil indicators: (check all that apply) Histosol Matrix chroma < 2 with mottles Histic Epipedon Mg or 1~e Concretions W Sulfidic Odor High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime }� Reducing Conditions �C Gleyed or Low-Chroma (=1) matrix Organic Streaking in Sandy Soils '' ' Listed on National/Local Hydric Soils List 1 V) C S ( i Other (explain in remarks) Hydric soils present? no tiJ Rationale for decision/Remarks: X-ea- veflen)- Wetland Determination (circle) Hydrophytic vegetation present? es no Hydric soils present? es no Wetland hydrology resent? no Is the sampling point ES no within a wetland? Rationa{lcWRemars: 11 'V e a add a cv v-L +C 1",e I I c Ci' W C 1rC L NOTES: Revised 4/97 DATA FORM 1 (Revised) Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Carps Wetland Delineation Manual) Project/Site: �� �� .� Date: �j ' - "t Applicant/ownevr'. (� 1 cy c I too & 1(Tlei G- �j J County: jj G � j�� Y) 1 4` State: �NGir�t11'�lG DY) Investi ato s : 't , 1 �� 1 �' {� f 1( G�J S1TIR: Do Normal Circumstances exist on the site? cs) no Community ID -- Is the site significantly disturbed (atypical situation)? yes Transeet ID: Is the area a potential Problem Area? yes (n)� Plot ID: Explanation of atypical or problern area: VEGETATION (For strata, indicate T = tree; S = shrub; H = herb; V = vine) Dominant Plant Species Stratum % cover Indicator Dominant Plant S ecies Stratum % cover Indicator 7;�-4x tC. J 1 IS] 1�r u HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC46 t` �?° Check all indicators that apply & explain below: Visual observation of plant species growing in Physiological/reproductive adaptations areas of prolonged inundation/saturation Wetland plant database _ Morphological adaptations Personal knowledge of regional plant communities K. Technical Literature Other explain) Hydrophytie vegetation present? ye no Rationale for decisionlRemarks: r Lt iiGY1 yt'IGJRGLY�L 41I1 Lr1/'C �C��f>Yllf�( j l ,'iC:� 14.G11 il�i-) Lle':' �.+1��� 0 of'�a4 q'Dtc e & po .�xl q li5 CW bar- k- • U r v"-v 1 "cJ i (A f ed 4h Li i HYDROLOGY f Vi6v4-'-. VS'C. V"Ak C';C3-eA �kt;v'I lvltT�' .c 've&m Is it the growing season? yes no Water Marks: yes (io) Sediment Deposits: yes nod on Based on: soil temp (record temp w �) Drift Lines: yes Drainage Patterns: yes Yli �=� `� � other ex lain) Dept• of inundation: inches Oxidized Root (live roa ) Local Soil Survey.- yes n Channels <12 in, es nd FAC Neutral: yes �o� Water -stained Leaves yes a; Depth to free water in pit: inches Depth to saturated soil: inches Check all that. apply & explain below: Other (explain): Stream, Lake or gage data: Aerial photographs: Other: Wetiand hydrology present? yes rn-61�� Rationale for decisionlRe.marks: j 1S mu; t� U �7 vi- S�Lt :yo- elf (� fh'ol SOILS Map Unit Name JV016t.Y10164 , Q(t-M U_ (Series & Phase) j j-uk ,(ice - 1Yf" J fo Profile Description Drainage Class Field observations confirm.es' No i manned tvne? 'J Depth Horizon Matrix c000r Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Mansell (Munsell size & contrast structure, etc. profile moist) moist) (match descrit Lion) Hydric ,Soil Indicators: (check all that apply) Histosol Matrix chrorna < 2 with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime Organic Streaking in Sandy Soils Deducing Conditions misted on National/Local Hydric Sails List Gleyed or Law-Chroma (-I) matrix Otlrer (ex lain in remarks) Hydric sails present? yes no Rationale for decisiowRemarks: � CtXC' � 0 � I Y`ea,i-C .�xuyn' . �i'VY7C�A-Yj j)C.�4V�'{,.� Wetland Determination (circle) Hydrophytic vegetation present? iesJ n Hydric soils yes a Is the sampling point yes na present? Wetland hydrolo resent? yes -iAithin a wetland? Rationale/Remarks: NOr1ES; Revised 4/97 DATA FORM I (Revised) Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Proj eetlSite: ! Date: Applicantlowner: 7 1 C C—'yn-!'e'c. G[_'yd k'-E County: }Ltr� C j"(' � State: V 6, 0V� )1 ) Investi ator(s): n V1 t C t f (` GYl sa/R• S '? 1,,j Do Normal Circumstances exist on the site? yes La) Community ID: - ( i Is the site significantly disturbed (atypical situation)? S es no Transect ID: Is the area a potential Problem Area? yes no Plot JD - Explanation of atypical or roblem area: VEGETATION (For strata, indicate T = tree; S — shrub; H = herb; V vine) Dominant Plant Species Stratum % coverts Indicator Dominant Plant Species Stratum % cover Indicator i� i.0 d x , Y) SD PAC c�y Y *, Y jj h kCJ HYDROPHYTIC VI GETATION INDICATORS: % of dominants OBL, FACW, &FAC Check all indicator's that apply & explain below: Visual observation of plant species growing in Physiologicall'reproductive adaptations areas of prolonged inundation/saturation Wetland plant database - Morphological adaptations Personal knowledge of regional plant communities X Technical Literature Other (explain) Hydrophytic vegetation present? no Rationale for decisionJRemarks: L 17,EtYl�cts�c 1 x Y fC7_'V HYDROLOGY Is it the growing season? es no Water Marks: yes o+ Sediment Deposits: yes�o on Based on: soil temp (record temp ) Drift Lines: yes Drainage Patterns: yes np � E"Y OA)1`E other (ex lain) Dept. of inundation: -- inches Oxidized Root (live roots) Local Soil Survey: yesai �7 , Depth to free water" in pit; ) inche ` Y , S'VY� Channels E12 in- no PAC Neutral: e' no Water -stained heaves yes Depth to saturated soil; "" t f inches Check all that apply & explain below: Other (explain): Stream, Lake or gage data: Aerial photographs,'.-- Other: Wetland hydrology present? (ye no Rationale for decisiordRemarks: AY G �. c: # � 6 SOILS Map Unit Name 6 1 (k"V) u & - � (Series & Phase) y1 L SCwICf Taxonomy (subgroup) Drainage Class y X `'cam I \Jf. } 4 Field observations confirm � No mapped type? S " CI Va � C►�-n C' Profile Description Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (MunselI (Munsell size & contrast structure, etc. profile moist) moist) {match description) �4 f , f `7c k II �C� U�I Hydric Soil Indicators: (check all that apply) Histosol Matrix ehroma _< 2 with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime Organic Streaking in Sandy Soils `C Reducing Conditions listed on National./Local Hydric Soils List —`� GIeyed ox Low-•Chroma (=I) matrix Other (explain in remarks) Hydric soils present? no Rationale for decisioruRem.arks: ��4 � 1✓ � L1 Wetland. Determination (circle) Hydrophytic vegetation present? no Hydric soils present? yes no Is the sampling point yes : no Wetland h drolo resent? yes no within a wetland? Rationale/Remarks: A Y "a C.I (T n U 1,- P C ey }t C41 S &Y bet 4'ff 1,'LV, 1 ej ur h-Y VLt6 -) V- P'( '1 NOTES; Revised 4197 SOILS Map Uri t Name (Series & Phase) T Profile Description Drainage Class Eve S Field observations confirm Nc Depth (inches) Horizon Matrix color (Munsell moist) Mottle colors (Munsell moist) Mottle abundance size & contrast Texture, concretions, structure, etc. Drawing of soil profile (match description) YR vo.�.. Hydric Soil indicators: (check all that apply) Histosol Matrix chroma 5 2 with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor _ _ High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime _ Organic Streaking in Sandy Soils Reducing Conditions misted on National/Local Hydric Soils List Gleyed or Low-Chroma. {=1) matrix Other (explain in remarks) Hydric sons present? yes no Rationale for decisionlRemarks: Wetland Determination. (circle) Hydrophytic vegetation present? yes C� Hydric soils present? yes no Wetland hydrology resent? Yes is the sampling point yes �o within a wetland? Rationale/Remarks: V � V NOTES: Revised 4/97 DATA FORM 1 (Revised) Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corps Wetland Delineation Manual) Pro}ectlSite: VC - Date: 7 •�.v C.] Applicant/owner: S ( `� L(,ltV`f C ''fj) .-` County: �et 4"i �� 4�l 11 UirN Investi ator(s):,V 1 j ��` State: S/T/R:.'� Do Normal Circumstances exist on the site? yes fio Community ID: Is the site significantly disturbed (atypical situation)? no Transect ID: Is the area a potential Problem Area? yes ro Plot ID: 1 F Ex lanation of atypical.or problem area: VEGETATION (For strata, indicate T = tree; S = shrub; H = herb; V = vine) Dominant Plant Species Stratum % cover Indicator Dominant Plant Species Stratssnt % cover Indicator 1 V Acor IIYDROP19YTIC VE, GETATION INDICATORS: % of dominants OBL, FACW, & FAC Ic Check all indicators that apply & explain below: Visual observations of plant species growing in Physiological/reproductive adaptations areas of prolonged inundation/saturation Wetland plant database Morphological adaptations Personal knowledge of regional plant communities _ _ Technical Literature Other (explain) Hydrophytic vegetation present? yes no Rationale for decision/Remarks: vi t i� (Un cl h l l f - � Vc,( CC v �11 �r1x C r i c�N i' 1 � G . VYlkm C aft r r7 irYl G{, f! i�'� .�ti! c- +i.J Jl Gi�'f•"€.� I' E,j �J' HYDROLOGY Is it the growing season? +e no Water Marks; yes CD Sediment Deposits: yes na- on Based on: soil temp (record temp Drift Lines: yes o Drainage Patterns: yes o ���.-•�• 00(i .other(ex (explain) Dept• of inundation: inches Oxidized Root (live rootsi Local Soil Survey: yes id Channels <12 in, yes CO) Depth to free water in pit: -- inches FAC Neutral: yes no Water -stained Leaves yes oD 1?epth to saturated soil: _ inches Check all that apply & explain below: Other (explain): Stream, Lake or gage data: Aerial hoto ra hs: Other: Wetland hydrology present? yes r�n� Rationale for decisionlltesnarks; 5c 1 S YZF Te DATA FORM 1 (Reviser!) Routine Wetland Determination (WA State Wetland Delineation Manual or 1987 Corns Wetland Delineatinn Mannal) Project/Site: GDate: Applicantlowner: FC �LLk C:i 'G C L� County: State: y v n � F l V► i f ` h • V1 ,J i' l I'? 1 Investi ator(s): tf Lw/J Y�f� IvVri Sit �"i,` Vl 5fT1R: 5 :Z?� l�I r. Do Normal Circumstances exist on the site? If yes nod Community ID: Is the site significantly disturbed (atypical situation)'? CYS) no t S� YiC[kSltt Transect ID: Is the area a potential Problem Area? yes no) 01(,A uY lot ID: l Ex lanation of typical or groblern area: VEGETATION (For strata, indicate 1' = tree; S = shrub; l-I = herb; V = vine) Dominant Plant Species Stratum % cower Indicator Dominant Plant Species Stratum % cover Indicator am�a c t't/i& (; 4` ��L' l l �t tz-i'1Lt1(G�v1 i'F 'd{) 1 a")C ratorr FAC 44 i X S. �`r-�}G ��hcV� 74s C1'� Ctrrt_��G P.40ci,t~tw:i'l a w1 ) % ft U FR9)ROPHYTIC ArE, GETATION INDICATORS; % of dominants OBL, FACW, & FAC _< �li %, Check all indicators that apply & explain below: Visual observation of plant species growing in Physiologicallreproductive adaptations areas of prolonged inundationlsaturation Wetland plant database �c Morphological adaptations Personal knowledge of regional plant communities Technical Literature Other (explain) Hydrophytic vegetation present? a no Rationale for decision/Remarks: . VeX i,,, HYDROLOGY Is it the growing season? yes no Water Marks. yes rdb Sediment Deposits: yes on Based on: soil temp (record temp Drift Lines: yes �fio; Drainage Patterns: yes: � V�J1 �� other explain) Dept. of inundation: inches Oxidized Root (live roots) Local Soil Survey: yes O Channels <12 in, yes rt FAC Neutral: yes Water -stained Leaves yes o. Depth to free water in pit: inches Depth to saturated soil: — inches Check all that apply & explain below: Other (explain): Stream, Lake or gage data: Aerial hoto ra hs Otlien Wetland hydrology present`' yes no Rationale for decision/Remarks: SOILS Map Unit Name 1+� C3 i Li �'t 0 Cl j �Q CL f ! ( Drainage CIass ( �'- 4 le 4 q d 4 a ti 1 (Series &Phase) �,� � �<<,I Field observations confirm. & No Taxnnom (sub ra ) J k c� C mapped e? E v) .1 ve; t Profile Description Depth Horizon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil (inches) (Munsell (Mansell size & contrast structure, etc. profile moist moist) (match description) f 1 —114tt I Q�{k.3� iilt't�� SG�1id E" fz Hydric Sots Indicators: (check all that apply) Histosol _ Matrix chroma 2 with mottles Histic Epipedcn Mg or'Fe Concretions 5ulfidic Odor w_ High Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime Organic Streaking in Sandy Soils Reducing Conditions Listed on National/Local Hydric Soils List Gleyed oz Low-Chrorna (=1) matrix Other (ex lain in remarks) Hydrie soils present? yes �o Rationale for dccisiorJRcrnarks; Wetland Determination (circle) Hydrophytic vegetation present? es no Hydric soils yes o Is the sampling point yes no present? Wetland hydrology resent? es 'no within a wetland? Rationale/Remarlks: L�SIT bV)') Ls� � ?1 J � v (�� s , NOTES: Revised 4/97 W Appendix D. Site photographs Page left blank intentionally. IN Photo 1: Central lawn area east of Gordley home Photo 2: View to north from fill pile ; right side of photo is relic peacock cage and beyond is the previous soccer field. 21 Photo 3: View to western section of parcel where filled pond overflowed into Gordley parcel after 4-weeks of growth. Photo 4: Example of dredging to drain standing water from pond to seasonal ditch. 22 ho 5: Upland hill on western side of parcel, borders r MCIr t.- 11000 ,A�port �eel,lc. Ginty & Core hwcrdm W VMTLAND DELUSEATION GUlx] LY A D,CORE PROPERTIES P,ARCM, 334393563 ind 3343903201 FT ., ra-urn. 1 11• mi 8w Ave. 5., Vssho , WA 99070 TeJepbGne FAX {206} X2578 Emil - MApartlawhom Gordly & Core Properties Renton, Washington PROJECT OVERVIEW The Core property is being subdivided and the Gordly property adjoining it is being considered for inclusion in this proposed subdivision. The properties are located east of I- 405, in the Kennydale hill area of Renton. See Figure I for the properties Iocation. 'ihe Core property covers 1.15 acres .and the Gordly property covers 1.47 acres_ The Core property runs north and south with access from NE 20�b St. The Gordly property extends from Jones Ave NE east to the driveway access for the Core property and south to NB 2& St. Previously much of these properties were placed in either a Class 11 wetland or its buffer. Since that time the City of Renton has installed a sewer line across the Gordly property and along the western edge of the Core property in 2003. This work and the recent housing developments to -the north and east have apparently changed the areas hydrology. The intent of this investigation is to determine if this area is still a wetland and if so to what extent. EXISTING CONDITIONS The Core property extends north from NE 20t4 St. for 590 feet. The first 234 feet are a 26- foot wide driveway from the street. The main portion of the property is 126 feet wide. A single family residence and separate garage are on the lot. The lot slopes very gently to the west. The northern most portion of the lot is an old orchard, and the reminder is old pasture/lawn. A thicket of Hardhack (Spiraea douglasii) runs alezig the southern edge of the western property Iine. This thicket ends where a ditch crosses the property from railway along the west side of the house and continues due west on to the lot adjoining. North of the ditch the western edge of the property is bordered by young Red alder trees (Ainus rubra). A second ditch crosses the property further to the north. No water was flowing in. any of the ditches crossing the property at the time of the site inspection. The City sewer line runs along the west property line. The Gordly property extends between the Core driveway on the east and Jones Ave. NE to the west and south to NE 20th St_ A single family residence is located off Jones Ave NE. A small Class III stream crosses this lot from the south to north flowing into a small pond on the adjoining property north of the Gordly's and west of the Core property. The Gordly property slopes down from Jones Ave to the stream and gently to the northwest. Most of this property is mowed lawn. The eastern 50 feet abutting the Core driveway is covered with a mixture of Pacific willow (Salix iucida) and Himalayan blackberry (Rubus discolor). West of the stream is a line of poplars running north/south for approximately 400 feet from NE 20a' St. Two drainage ditches flow to the stream from the area of Pacific willow. Two main. ditches run from the west side of the Gordly's property to the stream. At the time of site inspection these ditches were dry. South across NE 20`' St. is a blueberry farm, where the Class III stream originates. The stream flows under the street in a culvert whiob extends northward auto the Gordly property. Water was flowing in the stream at the time of the site inspection. Originally the ditches Gordly & Core properties Renton, Washington running east/west on these lots all drained into the stream. See Figure 2 for a sketch of these lots and existing conditions. DOCUMENT RESEARCH National Wetland Inventory (NW Maps and the City of Renton Maps were reviewed for known wetlands in this area. The NWI map shows a seasonally flooded, palustrine scrub - shrub wetland in the area, see Figure 3. This site corresponds to the blueberry farm directly south of NE 20th St. The City of Renton wetland maps shows a wetland in the same area, but extending north of NE 20th St, see Figure 4. The wetland study done -for the sewer main and sewage lift station and the report prepared for the housing development going in directly east of the Core property were reviewed as part of Us study. The study prepared by Entranco, December 1996 for the sewer main and sewage lift station indicated a large Class H wetland adjoining the Class III stream crossing the Gordly property. - The wetland and its buffer were shown to cover much of the Core and Gordly properties. The report prepared by Habitat Technologies, April 2003 for the housing development showed an approximate edge of a wetland offsite on the eastern portion of the Gordly property, but no delineation was done. It is the Entranco wetland report which has been used as a base line to determine if any changes have occurred on the Core and Gordly properties. These reports are included in Appendix B. The Soil Survey of Icing County by the SCS maps the soil in this area as Indianola loamy fine sand with a swath of Shalcar muck on either side of NE 20'h St in the area of the blueberry farm. See Figure 5 for the soil map. Shalcar soil is an organic soil (Histosols) and considered a hydric soil. Indianola soil is somewhat excessively drained sandy, recessional, stratified glacial drift. WETLAND DELINEATION METHODOLOGY The method used to determine if a wetland exists and if so its boundary was as specified in the "Washington State Wetlands Identification and Delineation Manual", March 1997 and the "Corps of Engineers Wetland Delineation Manual", January 1987. The Washington State Manual is based on the Corps of Engineers manual, but takes into account conditions found within the state. Both use the triple parameter approach. The vegetation, soils, and hydrology are each evaluated to determine the presence or absence of a wetland. The City of Renton requires the use of the Washington State Manual. SITE EVALUATION The properties were inspected taking note of the plant species, their abundance, soil conditions and hydrologic conditions present at different locations to determine if a wetland is present_ The primary area of concern was the western edge of the Core property along the sewer easement, extending south onto the Gordly property. The vegetation along the Core Gordly & Core Properties Renton, Washington western property line begins as Red alder at the north end, changing to a Hardhack thicket approximately 125 feet south of the northwest property corner. This thicket continues south for 230 feet. The Hardhack is interspersed with Himalayan blackberry (Rebus discolor). The west side of this thicket abuts the sewer easement which is vegetated with young Red alder trees and grass to the northern edge of the Gordly property. The Gordly property is mowed lawn with some scattered deciduous trees. East of the sewer easement on the Core property is old pasture/lawn that has not been mowed regularly_ The mixture of grasses, soft rush (Juncos effmcs) gave away to Creeping buttercup (Ranunculus repens) in the southwest corner of the Core property. Three soil test pits were dug along the western edge of the Core property. See Figure 2 for their locations. The data forms for each test pit are included in Appendix A. Test pit #1 was located midway between the house and garage, near the west property fine. The soil was damp, but not saturated. There was 'no water seepage at the bottom of the test pit. The lack of saturation indicates there is no wetland hydrology present. The soil color was determined by using the "Munsel Soil Color Charts". The colors found were indicative of a hydric soil. The plants at this site were predominately a mixture of grasses, soft rush, small flowered bulrush (Scirpus microcarpus), Common horsetail (Equisetnm arvense), and Creeping buttercup. More than fifty percent of these plants are considered hydrophytic vegetation. The three criteria necessary to classify this site as a wetland are not present. Only two of the criteria are met. Another test pit was dug due west in the sewer easement_ The soil encountered was entirely different, indicating fill material was placed along the sewer line. The soil was much fighter in color and consisted of much more gravel. The second test pit was dug at the bottom of the ditch running west from the house, near the west property line. The bottom of the ditch is 20 inches lower than the surrounding area. The soil colors found were indicative of a hydric soil. Standing water was 19 inches down in the hole, a total of 42 inches below the top of the ditch. Because of this depth down, this was not considered to be representative of wetland hydrology. The bottom of the ditch was covered with Creeping buttercup.. The sides of the ditch were a mixture of grasses, Soft rush, and Common horsetails. These plants are indicative of hydrophytic vegetation. Once more, all three criteria for a wetland are not met. The third test pit was dug in the southwest comer of the Core property. The soil colors found were similar to those previously found and indicative of a hydric soli. The soil was clamp but not saturated and with no water seepage_ The total depth of the pit was 22 inches. The lack of water indicates no wetland hydrology is present. The predominate plant was Creeping buttercup, which is indicative of hydrophytic vegetation. Because of the lack of wetland hydrology, this site does not meet the criteria for a wetland. WETLAND DETER1VONATION These results were compared to the data collected in August 1996 by Entranco. It is evident this area has become much drier and no longer meets the three criteria for a wetland. The Gordly & Core Properties Renton, Washington 'ground water and surface water that was flowing to this area has been intercepted and routed directly to the small stream by the new developments in the area and the sewer link. Because of this change the wetland detenni.nation method for "Atypical Situations" was followed. The property owners have noticed very little water is collected in the drainage ditches crossing the lots ands flawing to the stream in the last year. The soil colors and plants are still indicative of a wetland, but the lack of water is changing the environment. The vegetation has started to transition. This is most evident along the sewer easement, where the dominant plant has become Red alder. The eastern corner of the Gordly property was not inspected directly, but based on the appearance of the property line with the Core property and lack of water there, •it was inferred this area has also become drier. The change in the water levels appears to have occurred because of development projects approved by the City of Renton. Considering this, it has been, determined the Core and Gordiy properties no longer have a Class H wetland or its associated 50-foot buffer on them. The Gordly property does have a :Class lIl stream crossing it north to south. This stream has a 25-foot buffer on either side of the stream. STANDARD LIMITATIONS The Findings and conclusions documented in this report have been prepared for this specific project. They have been developed ina manner consistent with the level and care and skill normally practiced. 'flee conclusions presented in this report are professional opinions based on the interpretation of information currently available to Ellisport Engineering. No warranty, expressed or implied is made. Since wetlands. are dynamic communities affected by both natural and man-made activities, changes in wetland boundaries over time may be expected_ Therefore, wetland delineations cannot remain valid for an indefinite period of time. Any new development activities on the project site two year after the completion of this report may require revision of the wetland determination. Gordly & Core Properties Renton, Washington Cooke, Sarah S. editor. 1997. A Field Guide to the Common Wetland Plants of Western Washington and Northwestern Oregon. Seattle Audubon Society, Seattle WA. Cowardi_n, Lewis M., Virginia Carter, Francis C. Golet, and Edward T LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Department of the Interior, Fish and Wildlife Service. FWS/OBS 79/31. Environmental Labomtory, Department of the Army. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report &-87-1. Waterways Experiment Station, Corps of Engineers. Hitchcock, D.L. and A. Cronquist. 1973. Flora of the Pacific Northwest. University of Washington Press, Seattle, WA. City of Renton Critical rheas Inventory Maps. 1992, City of Renton, WA. City of Renton Municipal Code Title IY Chapter 3. City of Renton, WA. Munsell Color. 1992. Munsell Soil Color Charts. Macbeth Division of Kollmorgen Instruments Corporation, Newburgh, NY. Popjar, J. and MaKinnon, A. 1994. Plants of the Pacific Northwest Coast. Lone Pine Publishing, Redmond, WA. Reed, Porter B., Jr. 1993, 1988. .National List of Plant Species That Ocurr in Wetlands_ North-west (Region 9). U,S. Fish and Wildlife Service Biological Report 88(26.9) Snyder, D.E., P.S. Gale, and R.F. Pringle. 1973. Soil Survey, King County Area, Washington. U.S. Department of Agriculture, Soil Conservation Service. Washington State Department of Ecology_ 1997. Washington State Wetlands Identiftcation and Delineation Manual Ecology Publication #96-94. 6 Gordly & Core Properties Renton, Washington VICINITY MAP FIGURE 1 Gordly & Core Properties Rentoia, Washington Kenaydale eman OW.EN%n I.T Mt.., 15TE 4 ':w NATIONAL WETLANDS INVENTORY MAP FIGURE 3 E �= Y Gordly & Core Properties Renton, Washington 17 • .I r--�.—, W 3 K Ur _ u S9 �, > W —"l 7 W i K W 4 K I �I �7Y 2K I l• - \_W--2 3 S2$K . _._.. W 26 S 1 n ICTON Ld - - •� NE-20th Street 1 I PROJECT LOCATION } � r � S— 1 8 S, 16 rf 3GURF ##3 CITY OF RENTON WEMANOS INVENTORY MAP CITY OF RENTON WETLANDS MAP FIGURE 4 10 I I. 1 � I a �+ 77 rCL Y i7T iS 1 s Qt 14 jr _ 5�1� _ I is i- '.F ifs �� •rI i, M:i�- - Lk .c ��'• {' r� „r Wiz. I ,,} I_ � � Q�'� ^� .%�Vd; I y '�� A .,. ..r'�.V�1� ���''.I�.`7�1i �.`. y'777$'.'lrl�l�l'r.� � .}�=���• Jordly & Core Properties Renton, wmhi glop APPENDIX A DATA FORMS 12 Project/Site: 1. f VAI A r VAIVI 1 tltU v;l&:4U1 Routine Wetland Determination -TWA State Wedand Delineation Manual 1987 Corps Wedand DeRneation Maunal) Date, Uqo ( L, l o 4- APPlicantJowne7� County: State: U Invesd or(s): , SIT/R. Do Normal CircuurstAnrrc exist on the site? yes Community ID: Is the site significantly disturbed (atypical sitztadon)? no T'ransect ID: Is the area a potential Problem Area? yes no Plot ID: dam' xpianaiion of atypical or problem area r �, 2 5 d,�, / (- hAS VEGETATION (For strata, indicate T = tree; S = shrub; H = herb; V = vine) Dnrninant Plant Srteric; Stratum % cover Indicator Dominant Plant Snedes Stratum % cover C Indicatnr FAR elm r. / IMM r ti4ME - mmm HYDROPHIMC VEGETATION >(h1OICATORS: % of dominants OBL, FACW, &. FAC Check all indicators that apply & explain below: Visual observation of plant species growing in Physiologicallraepraductive adaptations areas of prolonged inundatiaVsaturation Wetland plant database Morphological adapmdons PtrsouaI knowledb of regional plant communities Techaical Literartwe (][tier (expIain) Hydrophytic vegetation present? Do Rationale for decision(Rernarks: W�0 HYDROLOGY is it the growing season? a Water Marks: r tros yes Sedirneot Deposits: ye - hb- VMS$ b'i grT1-✓-� on Based on: soil temp (record tamp'_ l Drift Lines yes 'no) Drainage Patterns: yes no '1 other (explain) J Dept_ of inundation: N inches Oxidized Root (live roots) Local Sol] Survey: yes no) M (-�Afkti ��-- Channels <12 in. yes FAC Neutral: yes no Water -stained Leaves yes.'nd Depth to free water in pit: inches. Depth to sate atcd soil: 11 ' inches Check all that apply & explain below: Other (explain): Stream, Lake or gage data -- Aerial hotfl hs: Other. Wetland hydroloV present? yes. no Rationale for decision/Remarks: (Series & Phase) T Drainage Clb ..,- Field observations confirm CES No mapped type? Profile Description Depth Horizon I Matrix color Mottle colors Mottle abundance I Texture, concretions, (inches) (Mansell (Mansell size &contrast structure, etc. o -1 z �' � �y� �1 r►o s�.�l �� - Drawing of soil profile (match description) Hydric Sort Indicators: (check all that"apply) MADSoi Matrix cbroma < 2 with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor Higb Organic Content in Surface Layer of Sandy Soils Aquic Moisture Regime Organic Streaking in Sandy Soils Reducing Conditions Listed on NationaYU<*l Hydric Soils List _ Gleyed or Low-Chrorna (=I) matrGx. Other (ex lain in remarks) Hydric soils present? no Rationale for decision/Remarks: Wetland Deter mivantiotn (circle) Ilydrophytic vegetation present? yes no Hydric soils present? es no Is the sampling point yes fno) Wetland h drolo resent? es within a wetland? I2atiunalelRein :P 1.LtCi` SD11S I� 1 NOTES: Revised 4/97 DA'i'A T VKM i (AeMerr) Routine Wetland Determination .-tWA State Wetland Delineation Manuai . - 1987 CoTs Wetland Delineation Manual) project/Site: , I � j Date: j L. f 6 Applicantlowner. County: 1-4�1 j l�j State: �1! Do Normal Circumstances exist on the site? yes noD Community ID: Is the site signlftcantly disturbed (atypical situation)? Cyes no Transect ID: Is the area a potential Problem' Area? yes -no / - Plot ID - Explanation of ica] or problem area: /�� VEQETArH0N (For strata, indicate T = tree; S = shrub; H = herb; V = vine) r Dominant Plant 5necies Stratum % ever Indicator -Dominant Plant Species Stratum % cover I Indicator q 13YDROPEFMC VEGETATION INDICATORS: % of dominants OBL. FACW, & FAC z Check all indicators that apply & explain below: Visual observation of plant species glowing in PhysiologicalAmproductive adaptations areas of prolonged inundation/saturation Wetland plant database Morphological adaptations Personal knowledge of regional plant communities Technical Litera=c Other (sx lain Hydrophytic vegetation' present? yes no Rationale for decision/Remarks: HYDROLOGY is it the gruvn n- on? ' yes no Water Marks: yes no Sediment Deposits: yes�� 6v Syr � c5hiJV[70kJ on _ Based on: soil temp (record temp - Drift Lines: o Drainage Patterns: yes' no other (cxvlain) Dept of inundation: inches Oxidized Root (live roots) Local SoiI Survey: ye Channels c12 in. es a'� l]epth to free waxer in pit: F� inches - FAC Neutral: yes Water stained Leaves yet bb De t[a to saturated soil: k / inches �� Check all that apply & explain below: Other (explain)- Stxearq Lake or gage data Aerial hots hs: Other. Wetland hydrology present? yes. no Rationale for decision/Remarks: + K A, r Map'Unit Name y v r .(Series & phase) Profile Description Drainage C%s Field observations coafirm es No mapped type? Depth (Mches) Horizon Matrix color Motile colors (Mansell [Munsell moist) moist) Mottle abundance size & contrast Texurt;�, concretions, structure, etc, Drawing of soil profile (match description) I v."f /�- Hydric Soll Indicators: (check all that'apply) Histosol Matrix chroma S 2 with mottles Histic Epipedon Mg or Fe Concretions Sulfidic Odor High OraaWc Content in Surface Layer of Sandy Soils Aquic Moisture Regime Organic Streaiang in Sandy Soils "-� Reducing Conditions Listed on NationaVLocal Hydric Soils List Gleyed or Low-Chroma (=1) matrix Other (explain in remarks) Hydric soils present? (es) no Rationale for de6si�nlRemarks�ti Wetland Determination (circle) Hydrophytic vegetation present? ye� no Hydric soils present? (-11, y`�^es 40� Is the sampling point Wetland h drolo resent? Jes within a wetland? Rationale/Remarks: NOTES. yes { no Revised 4/97 DATA FORM l (!revised) Routine Wetland Determination (WA State Wedand Delineation Mmual u. 1997 Corps Wetland Delineation Manual) Projectlsite: � ,- �> l � Date: LZ) j (, J04— Applicantlawner. County: K-lyn leeAAj^. State. Investi ator(s): Lr,_ saSITa Do Noma] Circumstances exist on the site? yes (i!g� Community ED: Is the site significantly disturbed (atypical situation)? ezE::�) na Trans= ID: Is the area a potential Problem Area? yes no Plot lD; ExpIaniWoa of atypical or problem area: Vk (,4� 1{_ VEGETATION (For strata, indicate T = tree; S = shrub; TT = herb; V = vine) Dominant Plant 5necies Stratum % river Indicator Dominant Plant Species Str=rn % cover I Indicator . r . HYDROPEPMC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC Check alb indicators that apply &. explain below: Visual observation of plant species growing in Physioloo cal/reproductive adaptations areas of pro]anged inondation/saturation Wetland plant database Morphological adaptations Personal knowledge of rggional plant communities Technical Literature Other (ex lain) Hydropbytic vegetation present? yes no Rationale for dedsion/Remarks: M HYDROLOGY TS it the meowing sea no Water Marks.' yes no Sediment Deposits; yes o on Bastd on: soil temp (record terAp ) glf.s !yr'Fh A Drift Lines: yes 110 Drainage Patterns: yes t+ 7 Ci J other (ex (explain) Dept of inundation_ inches Oxidized )toot (Live rorts) Local Soil Sure Yts moo,- Channels <12 in. es /no t Depth to free water in pit: !L inches. FAC Neutral: yes i Water -stained Leaves yes ao _Depth to saturated soil: 00 l� inches Check all that apply & explain below: Other (explain). - Stream, Lake or gage data: Aerial hoto hs: Other: Wetland hydroiugy present? yes_ no fi2tionale for decisionl,Remasles: �Y � Map,UnitName .(Series & Phase) Drainage Glaser Field observations confum 'Yes No mapped type? - Profile Description Depth Horizon Matrix color Motde colors Mottle abundance TexWre, concretions, (inches) (Munsell (Munsell size &-contrast: structure, etc. Drawing of soil profile (match descri Don) Hydric Soil Indicators: (check ail tharapply) lfxstosol Matrix chroma < 2 with mottles Histic Epipedon ^ Mg or Fe ConcrWoas Sutlfidic Odor High Organic Content in Surface Layer of Sandy Solis Agt7.ic Moisture Regime Organic Streahng in Sandy Soils Reducing Conditions Listed on NationaULocal Hydric Soils List 1 - — Gleyed or Low-Chrgnaa,(=1) matrix _ Other (explain in remarks) Hydric soils present? yes no Rationale for decision/Remarks. Wetland Determination (circle) Hydrophytic vegetation present? no Hydric soils present? no is the sampling point yes no Wetland hydrology resent:? es no J witWn a wedand? Rationale/Remarks: PO NOTES: Revised 4/97 Gordly & Core Properties Renton, Washington APPENDDC B 13 (lordly & Care Properties Rmton, Washington APPENDIX C 14 r L �' -..-� !?�Yr Fr� �_ i, �- �'rr` ' 4..�i .}.�y�\� i ��xy; � 'ti+ •f ti � �-�,,�-".V,� r '-�� c: �p . r'!rf� ��s• :$ � L �� 1 ti� f t��� � •,�F t 1�'', 1 y�`' �:.; 1 � f �;y� 72 - ♦ 1 f!-tl j+.. r JJJ y k G. -2r r 1 r. -110 '. �� ` .t' � ♦. s� S� .R_ �*, RI, 1-0 r r} n r �/_. I f.� ,L iy 1"`->f•_-/ �f'[L ,'y))4�1,�3i�i L (�— ,, 4 f + ,r.4 L - �, r �'(� - ,,, i { �rKra�,�\�,'�� �,�i �i � yid _�• y'� � \ � f ,-f r ' - fr ��,Jfs �,f +.fir !.(�(J � �IJ•' � °a Tr ! t• L t�Y t 14 not on O TV- A 1 7y [ 2 ,:^Ir �_!' j �f �rl. � {. r'+ -1� %Xi _,, ,tx•►51_ti �'? �' - -_ �� :•Y r#�`'°Lt'�Lr r7 :+� rFFo�:.� -4� Y y• py, i t - 4iICL ♦!.'•t - �� ■ yy. fly. MAL - r � � ��.k ( �' S ! E r � • i f; ; � � f =}',��� 1��. ?=:s7'��'yij���,,,, r � i t ' �i 11 s tii�`(L -i e�S Rl S-i i .ir *1 ti fi eF.1�a��S�.��t �! 5 YSf{>tiM i J �_ L..•: ilk t5 fV f L � ", ���i,. �Iy�L � J.��,t s. � h t ,'It l• rr V �.: t. �_ f iS J{I itJ Fi �{�� r• r�+r1 i. }�F r r V r: f I '1 .:• i�i I i1 f M IJ T � 14 _,i !. ,rcl-"9.,.ur..,r•... 11s,}�fr 17.1's.... . "17 All m `7 ._5 TO J. C n C,ordly & Core Properties Renton, Washington Looking' east from Test pit #2. along ditch on Core property. Looking to NE from Test pit #2, at clearing for development directly east of Core property. 18 Ile 4 r I �_ � •�Jf 1_:{.�- ,,yam ._ �: f �,1'. f 3^ k fi r r !•` 3�+ 1 ! 1:,,���" �r�n yorr�e.•ir-��+9�(rS'4�r �-ciif�,r ,f�'��l it tl 1 ��_ p• Lfi�Y -'•- � �/rJ 7►r � „t , JWAAJ ++1 yAr Of • ` T ''1 _ `� it ', '�5' -�. ell Is g situ Y SY� 4 �yw , - • i►-r S- .Sti.'F-�- �{_ � ,`l J -f 3K- I �. Y r y4 � I •1 � !d } '11' N � lei' r I`T h 1 •.- y'` 'i? r.. 4 1 + •k 31 y�. S � -' r- f�•y/t' .A -� - IPa-4 Y 31. dip lam yfit�i% 'X'IS� �F't�t-��•? k'" r �+ J ARM '� *danGy Weil -review letter.doc - -- _-_. T Pair The Watershed Company 19 July 2005 Nancy Weil, Senior Planner City of Renton Plwining Department 1055 South CTgdy Way, Renton; WA 48055 Re: Alu be -Me doors prof ect = En iro ental Review. Dew Nancy: Thank you for the oppoifitn;ty to review the above referenced projeut for compliance with City of Renton Devolnpmeiat'Regulations, Title TV: For. -this review IT d.tlie ugli the information you provided. me, which included ode binder containing the following do i:umentation: 1) Letter fforrr Mastei%uildet' C'Qristmctiori.retjuest'itig a'stream reclassification; dated 6/30/05, 2) Letter from Masterb.rildei Cons.4uctitin onflinirig the ditching history of the vicinity, elated 5/17105. 3) Letter from EllisportEnghiearing summarizing the vredand and stream- .delineation findings, dated 6/29/05. 4) Wetland delirieattion by-Eliisport Engine'-pring fdr parcel number 3343503203, dated 6102765. 5). Wetland daIineatidn sy Bllispoit Etigineeiirig fvr.parc I nvmbcrs 3343903563 ; and, 3345903101 (iiricluiiingthe 12/96 Enbmco'deiineation)'dated it0/20/04. I also madea site visit on'the I81 of Jvly 2005 tti evaluate site conditions, check the; aauraCy of the delineation and Vv rify- file stream cfassification. Ms letter is a suraakay &f the-fiudirtgs of my review. -It is my understanding that, with the exception of a.detention-pond iri, the northwest site . corner, the-entire.tluee properties would be platted for single-fannily Iats and that.wetlarrd or stream/ditch featirres.would not -be retained. Findings Conditimis observed during the site visit Standing water was present in the pond and in the main ditch/stream.. Soil saturation was observed across much of the site. No delineation flags were found on parcels 3343903563 and 3343903201. Only two flags were found on parcel 3343903203- Watercourse The applicant contends that the stream on the subject property is Type S, mthor than Type 1410 Market Street, Kirkland, WA 98033 - (425) 822 5242 -fax (425) 827 8136 watersheda@watarshedco•com - wwwmatershcdco.corri lyarr: Weil review letter.dac — �� N. Weil 19 July 2005 Page 2 of 3 4. as is depicted in the City of Renton Water Glasses Map (dated 5105). To qualify as a Type 5 stream, a. watercourse must leave been artificially created and not carry flows of a historic stream. Undisputedly, ditching has occurred on this site, resulting in the.present, straight .arid steep sided channel form. Downstream of the site, beyond Jones Avenue NE, a natt"I stream chinn'ol in a narrow valley was rioted. The valley in the vicinity of the.subjmct property clearly has been are area that conveyed surface -water prior to historic agrieulturai and resideirtial -developihent. Exactly ho.w that surface water was hist;rically 60riveyed, whet her'as-sheet zr d snb„surface flow, or in a defined channel orbpdr is=the refevaat question. Tliis. valley was 'nee a -ino7e' ext6nsive. headwater .wetland syskean that could hive had a .permanent. or seasonal stream channel ; runciiiig .through, it. This. historic channel would likely -have had severe and/or -braided ineairdcrs .within the wetlaad. 3:he burdep of proof as .to whether. ar, aot a- clt~arwel or bed was present -prior to ditching. f'2lls. ozi-tlte applicant The rriAterials subinitted thu;s,-.far dip not address this quesUo11 .I herefote,.the'recomrnendatioidis that.tlie Type4� cl'assificatiob stands until comkiiing evitle�iae is -discovered. that proves the area-wa"s _wetland only -arid did not .have a channel or beet_ It should also'be noted that The %shington-Departineat of Fish,arid Wildlife [WDFW) also has regulatory autlrori ovdf strrarris. Consultation with the local WDFV� area habitat tiiolozist should.alsobe soualit for their ititerpretation-of whether or -not ff7s area Ovettands . Ellisporf Engineering contends that the wetlands on -parcels 3143903563 and 3343903201 have dried out-dueto the sewer line'arid -new devclop.rnent. -However, I found that wetland boundaries extend across, most of these parcels. in general, the findings of the Erttrwiw delineation are accurate; livwevap bouridanks are di$zctilt to discern and compare to. site conditions on the supplied Entrarico map. Hydrophytic vegetation and dark, hydric soils.are present in all areas dehifeated -or-depicted by Lntranco: I'.also noted that soils were saturated to the surface or at least within the root zone' across. previously delineated areas; It should.be noted that the delineation fo'r these two parcels took place at the end of the 2.004 sumiiier, in October. Due to die timing, it is not surprising that these wetlands were observed tv be. dry duritig the delineation. While hydrology is the most important indicator of the three required for a detennination of wetland, it is also die most di#liicult to intcrpret due to- its cphcmer-al nature. Wetland hydrology in this system is highly altered, but is still driven by groundwater and surface water movement through the ditchAtream system. I found no evidence that the situ has dried out to the extent that former wetland areas no longer meet the hydrology parameter, Since this wetland is in the headwaters of a stream system, it would qualify as Class 2 .` ► an�y�Wil�review letfer-doc - �a N. Weil 19 July m05 Page 3of3 wetland with a 75-foot buffer_ Recommendations The foIlowirlg tasks are recommended for corrections to the submitw, 1) - Delineate wetfands on all'theee-parcels. Since these wetlands have seasonal ]rydrulog•, they slioiild either be delineated in the welter or early sptYng, or the delid6ation should acknowledge thi ' Ia' --qf summer hydrology arnd rely �iiore strongly on soil.and yegetatiari dies: 2) Flag #he..arTtli of the stream_ 3) Survey tlie, wetland and -stream delineation 'flags - and olh6r property 'features andpresent the l uidings in a legible reap at axeasoiaable scale, 4) Redesign the proposed Ia layout to obserue cuY ent City of Rmiton devElopMpnf restrictions on streams -and wetlands. Irnplementation.pf throe rer olnnicnd tions.wifl erisuie that.the.projeof meets the letter. and iriteut of the Cify-6f Renton Critical Areas Regriatiohs. Pleasc'call-w.itb any questions. Sfncer�ly, Hgg4 R bitenscn . Ec.olagist/l'1�S Wetland Delineation .Report HIGATE SEWAGE L[FT STATION ELIM[NAT1QU Renton, Washington 71 w F�� 77 Prepared for AGRA Earth & Environmental 11335 NE 122nd Way, Suite 100 Kirkland, Washington 98034-6918 (206) 820-4669 and City of Renton 200 Miff Avenue South Renton, Washington 98055 (206) 277-6179 Prepared by ENTRANCO 10900 NE 8th Street, Suite 300 Bellevue, Washington 98004 (206) 454-5600 December 1996 CONTENTS . Page - INTRODUCTION I BACKGROUND 7 FIELD INVESTIGATION METHODOLOGY 1 . FIELD INVESTIGATION 8 Field Data Results 10 Weiland Delineation Results 14 POTENTIAL WETLAND IMPACTS During Construction 14 During Operation 15 CONCEPTUAL MMGA 77ON 15 REFERENCES Published Documents 16 APPENDIX A - Wetland Mb p froin Original Alignment' B - Wetland Map from Surrounding Property C - Growing Sepson Table D - Completed Data Forms E - Earthen Trench plug scm r Repad r W*Urke: (1srjWw 0 je j RGURFS Page f. Project Vicinity 2 ?. Proposed New Sewer Line Corridor 3 3. NWI Wetlands in the Project Area 4 t City Inventory Wetlands In the Project Area 5 F. Wetland Dellneation Map 9 TABLES Page f. Plant Status and Chance of Growing Ina Wetland 6 ?. Soils in the Project Area 7 WMa 1 Repmt 1 WoW nda (1211 &W 1 k II INTRODUCTION This- wetlands Investigation is for the -proposed Higate Sewer -Lift Station Elimination project, which is located in Section 5, Township 23 North, Range 5 East, W.M., and in the City of Renton (figure 1). The proposed new buried sewer line would be located in the northeastern# quadrant of the intersection of Jones Avenue NE and NE 20th Street along a 15-foot-wide utility easement (figure 2). The investigation was performed to identify6nd to delineate the judscliotional boundary of wetlands within 65 feet of the utility easement. BACKGROUND Two previous wetland studies have been conducted in the project vicinity. These studies were reviewed prior to conducting the current field investigation. The first study was prepared for the original alignment for proposed new sewer line (the original alignment was approximately 120 feet west of the current alignment along NE 20th Street). The results from this investigation indicated wetlands were along only the immediate -.creek channal_and around the.existing excavalap-od (Appendix _A, Phelps 1993). The second investigation was conducted for a private land owner who owns mach of the property the proposed new sewer line will cross. The results from. this investigation indicated that the wetlands extend across much of the creek valley (Appendix B, David Evans & Associates 1994). -1 Baps from both the U.S. Fish and Wildlife Service National Wetland Inventory (USFWS NWI) and the City of Renton also were examined to see if these goverr;ment agencies had identified any wetlands as occurring in the project vicinity. The i+IWI map (USFWS 1988) indicates a seasonally flooded, palusbine-(freshwater) scrub -shrub wetland (PSSC, Cowardln at al 1979) in the project area (figure 3). This site corresponds to the blueberry farm immediately south of NE 20th $treat and the existing sewage lift station (which is to be eliminated). The City of Renton's wetland map (Renton 1992) indicates a wetland in the same area, but shows the wetland extending north of NE 20th Street (figure 4). FIELD INVESTIGATION METHODOLOGY The wetland investigation was conducted using the "Routine On -site Determination Method" described in the Corps. of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987), as modified (Corps 1991'and 1992). For, jurisdictional purposes, wetlands are defined by the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) (Federal Register 1982 and 1980) as: 9SM8I AeQa11 Wetlands (12018%)1 F Higate Sewage- Lift Station - Welland Delineation Report dqz 'tea b I w r + ¢ r oy fir-* S �v0: I�� 1�•��a�1'Y�I.Cr /.�?i� VTrL1YY - ha E1�•eH r±uT 4 r - �...- I rye K ° Q P 1 + >• do Ars 4111 lot 4 ti I lot 1 00 .4t �rtstN tAw ri Y • I rrs' - S 1 rOC, f19 ♦x ` roo. I �� p J - NE 20th Street s Lift Hi Station1 Delineation J Report •r� a 430 E HT RAM C o Figun Proposed New Sewer Line Corridi Higate Sewage- Lift Station - Wetland Delineation Report 430 E N T R, A N C O Figure NWI Wetlands in the Project Are ' S 17 W3 K U V I „ 16 uJ t .. S-9' U-n 1 Co r W 1-K W4K .. _3 , S26K i w2K .. yU 26 5 14 Na MH STREET — - • P=E 20t Street I i .1 PROJECT LOCATION ILi .. , :S � 4�: S — ` f S-18 1• � S —{ S' 16 � i l IL ! FIGURE #3 CITY OF RENTON WETLANDS INVENTORY MAP ._HAMMGND. COLE_IfFt i WADE — LIYINGSTOHE ASSOCIATES. 430 E N T R A N C 0 Flgure City Inventory Wetland In the Project Are .n LW6 r WD 3p•T 'a 3YSC �i m a v a g "Those areas that are Inundated or saturated by surface or ground water:at.a frequency_- _atilt _ duration sufficient to support, and that under_.._rornral circumstances do support, a prevalence of vegetation typically adapted for life in saturated -soil -conditions. WeNands.-generally include swamps,_ marshes_,_ bogs, and similar areas. " The presence of the three essential wetland characteristics (i.e., wetland vegetation, soils, and hydrology) were examined by looking for positive indicators of each characteristic. Examination for wetland (hydrophytic) vegetation is done within different plant communities (i.e., communities that are composed of significantly different species of plants). Each plant community along the -suspected wetland/non-wetland boundary is identified and described and a data point is selected in each different plant community. Plant species are identified around that data point for each different stratum (e.g., tree, sapling, shrub, and herb). The sampling area around the data paint is a 30-foot radius for the --treat stratum and a 5-foot radius for -the sapling, shrub, and herb strata Through visual estimating,. the plants are given a percentage of coverage in each stratum sampling area The dominant plants in each stratum are determined by seleoting'plants which Have a coverage-cif--20-percer:t foreachstratum. These plants are included on the list of dominant species. Plant species were identified using the Flora of the Pacific Northwest (Hitchcock and Cronquist 1973). Plants were further identified as to the estimated -probability of their chance of occurring in wetland and non -wetland environments, rased on the National List of Plant Specfes That Occur in Wetlands (Reed 1988a,1988b, and 1993 and Corps 1994) as shown in table 1. Table 1 Plant Status and Chance of Growing in a Wetland Indicator Categories Symbol Estimated Probablllty -Obligate Wetland OSL >99% Facultative Wetland FACW 67%-99% Facultative FAC 34°I,-66% Facultative Upland FACU i�la-33�'0 Obligate Upland UPL a1% The dominant species and their indicator category -for all strata are combined together to determine it the identified dominant vegetation meets the criteria that wetland plants 960M 1 Hopoi I WvUwn* II2YI&VO i jc . -in a is o vegetation requirements occurs when, the dominant plants that have an OBL, FACW, and/or FAC indicator (see table 1) account for more than 50 percent of the total.list of dominant species. When this "greater than 50 percent" threshold occurs, the.data.point is said to have a positive presence of wetland vegetation. In addition to the percent coverage method, there are other indicators for identifying wetland vegetation. If the plants are observed to be growing under saturated or inundated conditions during the growing season, regardless of the indicator status, the plants should be considered as acting like wetland plants. Morphological, physiological, and reproductive adaptation, and evidence from technical literature also are used to date rmine if the plant is acting as wetland vegetation. If there is strong evidence of these other indicators, the plant community should be said to have a positive presence of wetland vegetation. Examination for wetland (hydric) soils starts by digging a pit at the data point and assessing the soil characteristics. Indicators for hydric soils Include: (1) organic soils; (2) histic epipedons; (3) sulfidic materials; (4) aquic or peraquic moisture regimes; (5) direct observation of reducing toil conditions; (6) gleyed, low chroma, and low chromal mottled mineral sails.; V) soils on the local'or national hyddc.solis list (note: care must be taken here so as not,to include remnant hydric soils); (6) Iron and manganese concretions; and (9) coarse textured or sandy hydric soils that have high organic matter content in the surface margin, dark ver#ical streaks of .organic matter in subsurface horizons, or an.grganic pan (i.e., wet spodosol, an organic.'.layer "floating" underground at the water table). Mineral soils were examined using the Munsell Soil Color Charts (Kollmorgen 1988) and the soil characteristics of the project area were reviewed with the SO Survey King County, Washington and King County Area Hydric Soils Ust(USDA Soil Conservation Service 1973 and 1989) for hydric soil indicators (table 2 and Appendix B). Soils with Ex hydric inclusion are soils that, for mapping purposes and constraints, can have small patches of wetland soils (hydric soils) included in the soil area. Table 2 Soils in the Prefect Area Soil Hyddc Sym_ Soil Name Slope Hydric lncluslon Inc Indianola loamy fine sand 4-15% no no Sm Shaloar muck 1D--1 % yes rila e-OW 0 FLOW / W.dm& (12116*0 fie 7 Examination for wetland hydrology starts by, sually scanning across the site and in the soil pit, to check for indicators of wefland_hAt-0logy. These primary field. indicators, in descending order of reliability, include: (1) visual observation of inundation; (2) visual observation oUsoil saturation in -the upper 12-inches- (3) water matt. ..(4y drift lines,; (5) water -borne sediment deposits;.and (6) wetland drainage patterns. Secondary field indicators include evidence of: (1) oxidized root channels (rhizospheres) associated with living roots and rhizomes in the upper 12 inches; (2) water stained leaves; (3) local soi€ survey data; and (4) FAC-neutral test (note: Corps approval is required to use this test). The manual further defines the jurisdictional timing and duration of inundation and soil saturation to meet the hydrology criteria. Non -tidal areas that have a duration of inundation an or soil saturation greater or equal to 5 percent of the growing season may have wetland hydrology. Sites with 12.5 percent or greater duration of the growing season are considered to have a positive presence for wetland hydrology. The growing season is defined as surface temperatures greater than 28 degrees Fahrenheit, for at least 50 percent of the year. The, growing season for the site was determined as being 253 days long based on the USDA Soil Conservation Service (now the. Natural ResourcesCon servation Service) Soil Survey_for ing.CountyArea, Washington (USDA SCS 1973) (Appendix C). The 5 and 12.5 percentages translate into roughly 13 and 32 days, respectively. FIELD]WESTI mAtibN The field investigation was conducted on August 7 and 8, 1996. The weather during the field investigation was sunny and hot. Since the field examination occurred during the driest time of the year, professional judgment was. used in some cases, to determine the presence of wetland hydrology. Nine data points were locate{ are the site to look for positive indicators of the three essential wetland characteristics: wetland (hydrophytic) vegetation, wetland (hydric) soils, and wetland hydrology. Data gathered was used to determine the boundary of the project watiand. These data points correspond to the soil pits (SP) and were numbered SP1 through SP9 on pink survey flagging. Cross ditches over the utility easement were also labeled and flagged with pink survey tape. The datapoints are shown on figure 5, the completed data forms are attached as Appendix D. Soils colors were taken from wet samples unless noted otherwise. Field Data Results Data Point 1. The data point is located in roughly the mid -point along the north/South -leg of the new sewer -line corridor, and -in a scrub -shrub. plant community dominated by hardback (Spiraea douglasil), lady fem (Athyrrum filix-femina), giant horsetail . (Equisetum telmatefa), and Himalayan blackberry (Rubes procera). These plants together indicate the presence of hydrophytic vegetation. A soil pit (SP1) was dug to a depth of 12 inches to look for positive indicators of hydric soils and wetland hydrology. Although the soil was organic (a hydric soil indicator), the soil color was still -examined. The soil was determined) to be a 1 OYR 2/1 color throughout the core. --With the organic soil, hydric soils were considered. to be present. The soil pit was saturated to the surface and free standing water was 6 inches below the surface. The wetland hydrology characteristic was considered to be present. This data point was determined to be a wetland since all three essential wetland requirements were met. . Data Point2. The data point is located south of Data Point.1 up a small knoll, and is. in a scrub -shrub plant community dominated by Himalayan.blackberry, giWit horsetail, and hedge bindweed (Convolvulus sepiurn). Although not listed as a wetland. plant, the blackberry Is known to be a vigorous grower in seasonally flooded wetlands. In this case, the blEjoberry was considered to be acting as a wetland plant, based on the shallow water table. The positive presence of hydrophytic vegetation was assumed. A soil pit (SP2) was dug to a depth of 15 inches to look for positive indicators of hydric soils and wetland hydrology. The soil was organic (a hydric soil indicator) in the upper 6 inches and mineral below this. The soil color was examined in the sandy mineral soil and was determined to be a 10YR 312 color. A strong sulfldic odor was also present In the soil.. With the 6-inch organic soil layer (NsUc epipedon) over the saturated sandy soil, hydric soils were considered to be present. The soil pit was saturated at 12 inches and free standing water occurred 15-inches below the surface. The typical groundwater level was assumed to be much higher at the beginning of the growing season (March). The we>and hydrology characteristic was considered to be present. This data point was determined to be a wetland since all three essential wetland requirements were met. Data Polnt3. The data point is located west of Data Point 1, up on a slight mound. The data point is in a plant community dominated by red alder (Alnus rubra), giant horsetail, and Himalayan blackberry. These plants together indicate the presence of hydrophytic vegetation. 9&MS I R.P041 W*tW e" Jiui e" i p 10 A soil pit.(S 3)-was ug to a depth o 18 inches to look for positive indicators of hydric soils and wegand hydrology. The soil has an organic layer (a hydric soil indicator).in the top 12 inches and a mineral soil below, The silty textured mineral soil was determined to be-a-1-QYR 3/1, with mottles. of a 18.YR 4l4 color. With the- organic soil layer (histic epipedon) over the low chroma, sifty mineral soil, hydric sails were considered to be present. No water or saturation was observed in the soil pit. But -due to'the proximity and shallow elevation change from the surrounding area determined to be a wetland, the soil pit would be expected to be saturated within 12 inches of the surface, at the beginning of the growing season, for a sufficient duration to meet the jurisdictional hydrology requirements. The wetland hydrology characteristic was assumed to be Present. This data point was determined to be. a. wetland since all three essential wetland requirements were met. Data Point 4. The data point is in a disturbed plant community (i.e., front yard of a house and maintained as a lawn) just north of NE 20th Street, and is dominated by creeping buttercup (Ranunculus repens), velvet grass (Holcus lanstus), horsetail (Equisefurn sp., likely telmatela), and unidentifiable grasses (dale to the mowing). These plants together indicate the presence of hydrophoc vegetation. A soil pit (SP4) was dug to a depth of 12 inches_ to look for positive indicators of hydric soils and wetland hydrology. Although thesoilwas organic throughout the core (a hydric soil indicator), the soil color was still examined. The soil was determined to be a 10YR 211 color In the upper 12 Inches and 7.5YR 2/0 below that point in the core, ' With the organic soil, hydric soils were considered to be present: The soil pit was saturated to 4 inches from the surface and free standing water occurred 8 inches below the surface. The wetland hydrology charactedstic was. considered to be present. This data point was determined to be a wetland since all three essential wetland requirements were met. Data PoInt5. The data point is located north of Data Point 1, next to a -fallen and grown over bam. The data point is in a scrub -shrub plant community dominated by read canarygrass (Phalads arundinacea), giant horsetail, and Himalayan blackberry. These plants together Indicate the presence of. hydrophytic vegetation. A soil pit (SP8) was dug to a depth of 18 inches to look for -positive indicators of hydric soils and wetland hydrology. Although the upper part of the soil was organic (a hydric soil indicator), the soil color was still examined for the mineral soil below. The soil was determined to be a 10YR 3/2 color (dry) in the sandy/mucky soil from 0 to 7 inches. From 7 to 14 inches, the sandy lbamy soil was determined to be a 10YR 512 color with 9Eo3B / R.pai! W*"rda (lvl&sq t F I 1 oil abundant mottles of both 7.5Y84/4 and 7,5YR 5/6 colors. Below 14 inches, the s was a 10YR 5/2 color with maihtkACYR 5/6 colored mottles. With the low dhroma,. mottled mineral soil, hydric soils were considered to be present. The soil pit was saturated to a depth of 14 inches below the surface, however, free standing water was not observed in the soil pit. Based on the depth of saturation (i.e., close to 12 inches below the surface) and time of year during the field investigation, the wetfand hydrology characteristic was assumed to be present. This data point was determined to, be a wetland since all three essential wetland requirements were met. Data Point 6. The data point is just upslope to the north of Data Point 5 and is in a scrub -shrub plant community dominated by Himalayan blackberry, which by Itself, does not indicate the presence of hydrophytic vegetation. A soil pit (SP6) was deg to a depth of 24 inches to'lookfor positive indicators of hydric soils and wetland hydrology. The sandy mineral soil was determined to be a 10YR 3/2 color, with no mottles, from 0 to 10 inches deep, 10YR'4I4 from 10 to 24 inches deep, and 10YR 5/4, with some slight soildiscoloration noticeable, With no hydric indicators. a s—erved in the mineral soils, hydric soils were not considered to be present_ No indicators of wetland hydrology was observed in the sail pit or surrounding area. The wetland hydrology characteristic was not considered to be present. This data point was determined not to be a we#and since none of the essential wetland requirements were met. Data Point 7. The data point is located on the northern portion of the project, along the east/west leg of the new sewer line corridor in a scrub -shrub plant community dominated by Himalayan blackberry, giant horsatail, hardhack, and red alder. These plants together indicate the presence of hydrophytio vegetation. A soil pit (SP7) was dug to a depth of 24 Inches to look for positive indicators of hydric soils and wetland hydrology. The sandy mineral soil was determined to be a 10YR 3/1 (dry) color to; 10 inches deep, and a 10YR 6/2 (dry) color, with abundant 7.5YR 4/6 mottles from 10 to 24 inches deep. With the low cirroma, mottled mineral soil, hydric soils were considered to be present. No inundation or saturation was observed In the soil -pit daring the field investigation. However, based on the proximity and relative location in the topography to the creek, the site would likely have sufficient water during the beginning of the growing season to meet the hydrology criteria. With this in mind, the wetland hydrology characteristic was assumed to be present. This data point was determined to be a wetland since all three essential wetiand requirements were met. OWU+RopodrWoik rwh(ivlwMiF 12 Dais Point 8. The data point is located .u"slope from Data Point 7, and is in a scrub - shrub plant community dominated by Himalayan blackberry, salmoriberry (Rebus spectabilis), and red alder. These plants together indicate the presence of hydrophytic vegetation. - _ -- ---- A soil pit (SP8) was dug to a depth of 24 inches to look for positive indicators of hyddc sons and wetland hydrology. All soil colors were determined using dry samples.. The sandy mineral soil was determined to be a 1OYR 2/1 color from 0 to 9 inches deep, 10YR 6f2.5, with very slight 1OYR 516 mottles from 9 to 18 inches deep, and 1 GYR 612, with strong 10YR 416 mottles from 18 to 24 inches deep. Although slight, the mottling in the low chroma mineral soil appear sufficient to meet the wetland soils criteria. Hydric soils were considered to be present. No indicators of wetland hydrology were observed in the soil pit or surrounding area. Based on the proximity and higher elevation relative to the creek, the site would likely not have.suffCcient water during the beginning of the growing season to meet the hydrology criteria. The wetland hydrology characteristic was not considered to be present This data -point -was determined -not to ,be a wetland since only two -of the essential wetland requirements were met. Data Point 9. The data point is located in.the field (likely old pasture) north of the new sewer line corridor and west•of the creek The data point'is in an emergent -plant community dominated by reed canarygrass, giant horsetail, soft rush (Juncus. eftusus), creeping buttercup, and quackgrass (Agropyron reports). These plants together indicate the presence of hydrophytio vegetation. A soil pit (SP9) was dug to a depth of 18 inches to look for positive Indicators of hydric soils and wetland hydrology.. All soil colors were determined using dry samples. The sandy mineral soil was determined to be a 1 OYR 312 color, with no mottles, from 0 to 9 inches deep, and a 10YR 5/2 color, with both fOYR 5/6 and 7.5YR 4/4 colored mottles from 9 though 18 inches deep. With the mottled, low chroma mineral soil, hydric soils were considered to be present. No inundation or saturation was observed in the soil pit during the field investigation. However, based on the proximity and position In the landscape relative to the creek, the site would likely have sufficient water during the beginning of the growing season to meet the hydrology criteria. With this in mind, the wetland hydrology characteristic was assumed to be present. This data point was determined to be a wetland since all three. essential wa#land. requirements were met. 96=1 Rwon 0 w.,V Wz {12119MM f F 13 abundant mottles of both 7.5YR 414 and 7.5YR 516 colour, Below 14 inches, the sail was. a.14YFi 5/2 color with mainly lOYR 516 colored mottles.. With the low chroma, mottled mineral sail, hydric soils were considered to be present The soil pit was saturated to a depth of 14 inches below the surface, Ifowever, free standing water was not observed in the soil pit. Based on the depth of saturation (i.e., close to 12 Inches below the surface) and time -of year during the field investigation, the wetland hydrology characteristic was assumed.to be present. This data point was determined to be a wetland since all three essential wetland requirements were met. Data Point 6. The data point is just upslope to the north of Data Point 5 and is -in a scrub -shrub plant community dominated by Himalayan blackberry, which by itself, does not Indicate the presence of hydrophytic vegetation. A soil pit (SP6) was dug to a depth of 24 inches to look for positive indicators oUhyddc soils and wetland hydrology. The sandy mineral soil was determined to be a 1 OYR 3/2 color, with'no mottles, from 0 to 10 inches deep, 1 OYR'414 from'l0 to 24 inches deep, and 10YR 5/4, with some slight soil discoloration noticeable... With no hydric indicators observed in the mineral soils, hydric soils were not considered -to be present. No indicators of wetland hydrology was observed in the soil pit or surrounding area. The wetland hydrology characteristic was not considered to be present. This data point was determined not to be a wetland since none of the essential. wetland requirements were met. Data Point 7. The data point is located on the northern portion of the project, along the east/west leg of the new sewer line corridor in a scrub shrub plant community dominated by Himalayan blackberry, giant horsetal, hardback, and red alder. These plants together indicate the presence of hydrophytic vegetation. A soil pit (SP7was dug to a depth of 24- inches to look for positive indicators of hydric soils and wetland hydrology. The sandy mineral soil was determined to be a 10YR 3/1 (dry) color to 10 Inches deep, and a 10YR 612 (dry) color, with abundant 7.5YR 4/6 mottles from 10 to 24 Inches deep. With the low chroma, mottled mineral soil, hydric soils were considered to be present. No inundation or saturation was observed In the soil pit during the field investigation. However, based on the proximity. ar d-relative looaton In the topography to -the creek, the site would likely have sufficient water during the beginning of the growing season to meet the hydrology criteria. With this in mind, the wetland hydrology characteristic was assumed to be present. This data point was determined to be a wetland since all three Essential wetland requirements were met. 9WW r Rapat I Wotan& 112M WM J p 12 Wetland -Delineation Results The wetland was flagged with blue survey tape and marked as assessment area AA-1 through AA-12'with in the projectcon-idor. The wetland boundaryo- aside of the .corridor was visually estimated. The wetland is directly connected to the creek corridor and is fed by surrounding seeps in several locations. The entire wetland Is estimated to be roughly 5-8 acres in size. Though historically used as a pasture, and now overgrown with blackberry and red alder, the Wetland .would meet the criteria as a Category, 2, High Quality Wetlands, since the sits is a headwater wetland (Renton 1992b). Category 2 wetlands require a standard buffer of 50 feet. The disturbed portion of the wetland (i.e., residence next to NE 20th' Street), would, by itself, meet the criteria as a Category 3, Lower Quality Wetlands. This is based on the presence of fill for the house and garages. Category 3 wetlands require a standard buffer of 25 feet. However, since this area is connected to the main. portion of the wetland, this disturbed area -also -would be considered a Category 2 wetland with a 50- ... foot buffer. The creek would have a buffer of 25 feet. Any activity in the wetlands may require permits from federal, state and city resourde agencies. These permits may -include: -- Permit/ApprovaUReview Resource Agency Sectlon'40.4, Nationwide Permit U.S. Army Corps of Engineers: - Water Quality Modification Washington State Department of Ecology Hydraulic Project Approval (HPA) Washington State Department of Fish and Wildlife SEPA Review Wetland Permit City of Renton City of Renton POTENTIAL WETLAND IMPACTS Based on the most current plan set (11/1/95). the impacts to the wetland were estimated for activities during construction and during operation. Cumulative and secondary impacts are not addressed in this report; since the project details are not completed. Cumulative and secondary impacts, however, should be considered and included as part of the wetland mitigation plan preparation. During Construction Impacts during construction are those which may temporarily affect the wetland's vegetation, soils, and hydrology. The project utility corridor is 15 feet wide and the QMM r RapoA I w.Kw„& {12fl east r Jm 14 canitruction easemen -com or i§aipproxinia e ly 15 feetWrrew sewer line would Ifty-affect all the wetlands in these corridors. The 30: foot -wide construction corridor would impact roughly 13,350 square feet of wetlands. The construction also..wauld_impact 6,600 square feet of wetland buffer area. -.Material storage is expected to .occur outside of the wetlands. , During Operation Impacts during operation are those which. may permanently affect the wetland's vegetation, soils, and hydrology. No permanent impacts are anticipated forthe proposed project CONCEPTUAL MITIGATION As with impacts, mWgation can be for temporary Impacts (construction) and permanent impacts (operation). Typically, temporary impacts to wetlands can be mitigated by restoring the site after construction. However, mitigation criteria set at the beginning of construction can minimize the impacts and aid in the wetlands recovery. Mitigation for temporary impacts,.in no particular- order, may -include: narrow the construction corridor to minimize the amounts of wetlands disturbed protect large trees in the corridor and wetlands out of the cgpidor, with cleaning limit fencing. • cut the vegetation to leave short stems and roots for rapid regrowth • use log mats or geotech fabric and hogfuel to limit: soil disruption • stockpile surplus -soils away from wetlands • use earthen trench plugs periodically to avoid "piping" along new sewer line (refer to a typical detail in Appendix E). • maintain subsurface :cross water flow, by using either a drainage blanket or pipes • discharge water pumped out of the constriction trench to points outside -of wetlands, possibly using the current sewer system, or do not drain the trench and Nvork in the wet" construct only during dry weather and within the HPA fisheries window • separate and bypass flowing water in the ditches and creel's from the construction trench 960381 R*Pcd I W@WwW5 112AW90I 0 15 soils arjeIT-89hape the landsca p7e=cDrrs-# U00oTr— conditions • revegetate the disturbed wetland and buffer with native plant species. maintain and monitor the revegetated areas to assure adequate establishment of the native vegetation Mitigation for permanent impacts may need to follow the criteria in the Wetland Management Ordinance (Renton 1992b) to compensate for any permanent loss of wetlands. Mitigation can be creation of new wetlands from -upland areas or restoration of degraded wetland areas. In case there were to be impacts to the wetlands, the Categof,y 2, scrub -shrub wetlands permanently affected would need to be compensated at a 2:1 ratio. Wetland buffers permanently lost also would require mitigation. If needed, a potential mitigation site could be the reed canarygrass dominated wetland plant community along the new.sewer line corridor. This site is located Jest north of the lot along NE 20th Street. Mitigation- at this location could be in the form of a wetlands restoration effort. -If-pe=anent-impacts ware to'occur, a mitigation- report and-lan-wouldtieetf#a bd' created when specific impacts are determined. A mitigation report would contain the environmental goals and objectives, performance standards, wetland construction plans, monitoring plans, and a contingency plan for the mitigation -effort. However, with no pe nanent lrnpacts'�anticipatedlor the project, no creation -mitigation for replacement wetlands is expected. REFERENCES Published Documents Adamus, Paul A., Ellis J. Clairain, R. Daniel Smith and Richard E. Young 1987 Wetland Evaluation Technique (WET); -Volume II: Methodology, Operational Draft Technical Report Y-87 --, U.S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, MS. Cowardin, Lewis M., Virginia Carter, Francis C. Golet and Edward T. LaRoe 1979 Classification of Wetlands and Deepwater Habitats of the United States_ Prepared for the Office of Biological Services, Fish and Wildlife Services, U.S. Department of interior, Washington DC, FWS/OBS-79/'31. David Evans and Associates 1994 Wetland Delineation Letter. Prepared for private landowner. 9=8 J Repa1 r WAar dh (1211 SW ! ja 16 Environmental Laboratory 1987 Corps of Engineers Wetland -Delineation. Manual (1987 Manua!). Technical Report Y 87-1, U.S. Army -Engineers Waterways Experiment Station, Vicksburg, Mississippi. Federal Register 1991 33 CFR Part 330: Nationwide Permit Program Regulations and Issue, Reissue, and Modify Nationwide Permits; Final Rule. Part III Department of Defense, Corps of Engineers, Department of the Army, Vol. 56, No. 226, US Government Printing Office, Washington, D.C. November22. 1982 i"rtie 33: Navigation and Navigable Waters; Chapter 11, Regulatory Programs Corps of -Engineers., Vol. 47, No. 138, p. 31810, US Government Printing Office, Washington, D.C. 1980 40 CFR Part 230: Section 404(b)(1) Guidelines for Specification if Disposal Sites for Dredged or Fill Material, Vol. 45, No. 249, pp. 85352-85353, US Government Printing Office, Washington, D.C. -- Hitchcock, Leo C. and Arthur. Cronquist 1973 F1or:; f the Pacific Northwest: An Illustrated Manual. University of Washington' Press. 1990 edition. Kollmorgen Instruments Corporation 1988 Munsell Soil Color Charts. Baltimore, MD. Kunze, Linda M. 1967 Puget Trough Freshwater Wetlands, A summary of Biologically Significant Sites, Phase II: Southern Puget Trough Impounded Wetlands: Washington Natural Heritage Program. Prepared for the Washington State Department of Ecology. Phelps, Marilyn (Cascade Environmental Services) 1993 Wetland Delineation Report. Prepared for City of Renton. Puget Sound Water Quality Authority (PSWQA) 1994 Puget Sound Water Quality Management Plan Reed, Porter B., Jr. 1993 1993 Supplement to the List of Plant Species that Occur in Wetlands: . ' Northwest (Reglon 9). U.S. Fish and Wildlife Service. 1988a National List of Punt Species that Occur In Wetlands: National Summary. U.S. Fish and Wildlife Service, Slological Report 88(24). 1988b National List of Plant Species that Occur in Wetlands: Northwest (Region 9). U.S. Fish and Wildlife Service, Biological Report 88(26.9). 96M 1 Ropm I weftnda (12f1819% I F 17 A 0..2 ' Critical Areas Inventory Maps. Prepared with -distance from .Jones and Stokes, and R.W. Beck. 19926 Wetland Management Ordinance, Chapter 32. - - U.S. Fish and Wildlife Service 1988 Mercer Island Quadrangle, National Wetland Inventory.. U.S. Army Corps of Engineers. (Corps) 1994 1993 Supplement to National Last of Plant Species that Occur in Wetlands: Northwest (Region 9). March 31. 1992 Clarification and Interpretation of the 1987 Manual. Guidance memorandum. Mach 6. 1991 Questions & Answers on 1987 Corps of Engineers Manual. Guidance memorandum.- October 7. - ---- 1990 Permit Requirements for Wetland Fill Projects. Information Paper. Seattle District. April 17. USDA Forest Service 1985 Management of Wildlife and Fish Habitats in Forests of Westem Oregon `J and Washington, Part 1 - Chapter Narratives. Pacific Northwest Region. • Published. in cooperage n'-with the U.S. Department 4if -the Interior, Bureau of Land Management USDA Soil Conservation Service 1989 lung County Area Hydric Soil List. 1.973 Soil Survey of King County Area Washington. Washington Natural Heritage Program (NHP) 1994 Endangered, threatened and sensitive vascular plants of Washington. Department of Natural Resources, Olympia. Washington State Department of Ecology 1993 Wetland Rating System. Dario r Repad r W WLthA J12na9fl fie 18 Wetland Map from Original Alignment A/REEAyA¢DDJA�+CENT POND > . -- 1 IN or rn I7f Ic '_• + r •, - � , / y M aN :4 4 r7RiCOwti �V m '�' ljw }• { // ,x1J� , -s,rz'° ; r.. r^r,4 u• �� SCALE 9 = 80 FEET .rLf I r� r c � snw t. ♦t lu Ld �.. LARGE PASTURE w ' t WETLAND #3 —SMALL DITCH -,, i - TRIBUTARYTD -• CREEK ,74 ,n305 .. 'I !z•tuR�r r _... - - -- - .l� �. -•- _ 27 WMILI Is -'a - -_-r ' +4. �`-� sr r-�t LLI gal Fr .n i t+,i LA_ +, EAST BANK OF CREEK, NORTH OFJAA ; T_ POHL RESIDENCE J KA1( RESIDENCE . • � 1 I 27.' DR. KAY'S PROPERTY • \ I ra'I I �% �Y as •� '{ycx 7w� I �r1S wu 4 r ]u r 44 ' .��'.-�,++� «: � w ME N. E 20TH STREET n7 a aw+w LPROJECTAREA RE 04 ?' "' - !+7]f/ • EY MAP EXISTING BERRY FARM HAMMOND, COLLIER Sc WAaI* i,IV1NGSTONE ASSOCIATE% INC APPENDIX B Wetland Map from Surrounding Property APPENDIX C Crowing Season Table TABLE la. - PROBABILITY OF FREEZING TEMPERATURES AFTER r— r Station Temperature - - 50 75 50 25- 10 \ percent percent percent percent percent Bothell 2 1w. 32 Apr. 1.8 Apr. 30 May 13 May 27 Jaws 7• (elavatfap 100 feet) 28 Mar. 19 mar. 30 Apr. 13 Apr. 2T May 8 24 Feb. 7 Feb. 21 Mar. 8 Mar. 21 Apr. 2 Cedar Lake 32 Mar. 21 Apr. 2 Avr. 15 Apr_ 28 May 11. (elevation 1,560 feet) 28 Feb. 11 Mar. 1 Mar. 16 Mar. 30 Apr. 11 24 .Tan. n Feb. 14 Mar. 1 Mar. 1.5 iandsburg 32 Apr. 15 Apr. 2T May 10 May 24 J""* 4 (elevation 535 feet) 28 Mar. 4 Mar. 16 Mar. 29 Apr. 11 Apr. 24 24 Jan. 8 Feb. 4- Feb-.19 Mar. 5 Mar. 18 Monroe 2 VW. 32 Mar-. 21 Apr. 3 Apr. 16 Apr. 30 May 12 (elevation 120 feet) 28 Feb. 21 Mar. 5 Mar. 19 Apr. I. Apr. 14 24 (i) Jana. 28 Feb. 17 Mar. 6 Mar. 1T Seattle -Tacoma Airport 32 Wr. 15 Mar. 27 Apr. 9 Apr. 23 May 4 ( vati 86 t) 28 .*Feb. 5 _FFab. 23 - �kr • 9 Meer. 23 Apr. 4 24 ) Jan. 16 Feb. 9 Feb. 25 Mar. 9 Seattle University of Weabington 32 _ Feb. 26 Mar. 10 mar. 23 Apr. 6 Apo'. 1T (elevation 113 feet) 28 (�) Jan. 10 Feb. 2 Feb. 17 Mar. 2 24 (f) {�) Jan. IT Feb. 6 Feb. 19 Snoqualmie Fa11a 32 Apr. 11 Apr. 23 Nay 6 May 20 June 1 (elevation 430 feet) 28 Mar. 6 Mar. 19 Apr. 1 Apt. -lb Apr. 27 24 () Feb. 8 Feb. 24 Mar. 10 Mar. 23 Vasbon Island 32 yhr. 10 Mom. 23 Apr. 5 Apr. 18 May 1 (elevation 231 feet) 2$ Jan- 14 _ Feb. T Feb. 23 .., Mar. 8 Msr. 21 24 (f) (1J) Jan. 21 Feb. 9 Fab, 24 90 1 Not reported. SPECIFIED DATES IN SPRING AND BEFORE SPECIFIED DATES IN FALL Probability in fall Period betveen - permlat-- 25 percent =50=: --percent ?5 percent 9a percent in. spring end , first fn fau Buys Sept. 1.2 Sept. 23. Oct. 5 -- Oct. 1T Oct. 28 145 - Oct. 7 Oct. 18 Oct. 30 Nov. it Nor. 22 200 Oct. 22 Nov. 2 NW. 15 Dec. 1 ( 252 Oct. 10 Oct. 21 &rr. 2 Hov. 14 Nov. 25 201 Oct. 29 Nov. 9 Nov. 22 Dec. 5 Dec. 2T 251 Nov. 13 Nay. 25 Dec. 10 (1J) (9) 299 Sept. 21 Oct. 1 oct. 14• Oct. 26 Nov. 6 15T Oct. 21 Nov. 1 Bar- 13 Nov. 25' Dea. 6 229 Nov. T Nov. 19 Dec, 2 Dec. 21 {1) 2m Sept. 30~ Oct. 11 act. 25 1Ray. 4. 1¢av4 1.5 1w Oct. 22 KOV4 1 Nov. 13 Kov. 26 )283. 239 Nov. 2 - Zlay. A Nov. 2T pec. 13 Oct. 10 Oct. 22 Nov. 2 Nov. 15 17oQ. 25 2OT Oct. 26--- Ncv. 5 Nor. 1 Dec. 2 Dec. 16 253 Nov. 20 Dec. 5 1 } 325 Oct. 26 Nay. 6 Hov. 1.8 Dec. 1 Dec. U 240 Bar. 21 Dec. 1-. Dec. 18 (1 1J •319 Dec. 3 . Dec. 19 {]) 0 �1�� 348. Sept. 16 SePt. 2T Oct. 9 0et. 2i NOT. Z 136 Oct. 16 Oct. 2T NOV. 8 NOT, 20 Dec. 1 221 NOV. 8 Nov. 19 Dec. 2 Dec. 19 (7�) Oct. 15 0ct. 26 Nov. •T� lCmr. 19 Nor. 30 �2jal 2 16 NOV. 18 Nov. 24 Dec. 9 Dec. 31 2B9 D--c. 2 Dec. 16 Dec. 31 (1) (1_ r) 3h4 9i 4U,MSe 0- 73 - e APPENDIX D Completed Data Forms ROUTINE WETLAND DETERMINAT. - DATA FORM 1987 MANUAI Do-Nom-01 Clkumstances exist oft the site? u . v i Is the site alghi gantly & recently disturbed? (Atypical Situation) Is the area a potential Problem Area? (explain in final remarks) VEGETATION-- - -- Dominant 5PI -ae�t dc+Aa _r T .Lim 3, 4. Eu VO r calar S �1 S. Percent of Dominant Species that are OBL, FACW or FAG (exduding FAC-) REMARKS: Avecfaz I rs 4u Sec: Date: T-ownship;--� Courrty— � - Rah e:, State: Washington Plot ID: t o�. Tramect ID: Yes .INO_� Community ID: Ate, s. u i'ra bM T -1 ►4G 7.Cov\V0 1 U, Ili %rum Hydrophytic Vegetation Present? es No 96 Basis for determination: QG ri &lIC.t►Fi_ '. S�'ie. DIrYiC�� S17C 'fOvG- HYDROLOGY " Recorded Data (Describe in Remarks):. PRIMARY Indicators Stream, Lake or Tide Gauge Inundated Aerial Photographs~ Saturated in Upper 12' Ocher Water Masks - None Drift Lines Sediment Deposits Drainage Patterns in Wetlands Feld Observations Depth -of Surface Water.�rN— (In,) Wetland Hydrology Present? Ye No Basis for determinaWn; /Ttrr 25SVOACA4.s SECONDARY Indicators Oxidlxed Root Channels in Upper 12 Water Stained Leaves L.oca1S`o7Survey�ata - Fdb-NeutW Test Other (Explain in Remarks) Depth to' Free Water in Pit: �� !!�(in.) Depth to Saturated Sodn.; SOILS j Soils Mapped As: CA! 14t_ Drainage Gam.— Field Observations Taxonomy (Series and Phase): Confirm Mapped Type? Yes Rmfile Description: Depth finches) JHodzoti f 7_ - -- *C1 Hydric Soi! Indicators: Matrix Color (MunselljAoisi) low- 2/( law-3/1 Mottle Colors Motile 4 .• 1 • 1 it t9k ., E FILIM _ Histosol Reducing Conditions _ _ Organic Streaking in Sandy Soils Alslic Epipedon G[eyed or Low Chroma Colors Listed an Local Hid fe Soils'Ust-' SuU;ft Odor Concretions Usted on National Hydric Soils Lh Aquic Moisture Regime High Organic Content In Surface Layer In Sandy Soils Hydric Soils Present? es No , REMARKS: Basis for determinaiion: l G a WETLAND DETERMINATION Is this Sampling Paint Within a Wetland? Yes] No INVESMATOR: Basis for determination: -bA. d CIJGI'M O . ROUTINE W1= I LAND DETERMINA I IU^' - UA I A FORM l.4o/ MPUNUR_ .PrC4eCVSite: j _ - - - - ,. Sec: S Date: V/7 -lq�6-- pffcan rter: r`f�f U�f4:► c J Township: ' County: ator(s): - — -----Range: Is the site sign ficantiy & recently ,51wrbed? (Atypical Situation) Yes jTo Transect ID: is the area a potential Problem -Area? -(explain in final remarks) Yes 00 Gorrimunity ID: VEGETATIONS , QMinant Plant Species Stratum Indicator D6mrnanf Plant SyeciRs - Stratsrm indicator 1. I` t t 6.s Pvociz C a✓ S�1 • s. �Yy+1�y5 %�r�, : u• a �- GL1 2, W L p. 7. S0Yb%,S lk tACk RL` 4. S. 10. Percent of Dominant Species that are Hydrophytic Vegetation Present? es No , 08L, FACW or FAC (excluding f=AC-) "73 % ..Oasis for determination: .,_ REMARKS: HYDROLOGY .Recorded Data (Describe in Remarks): PRIMARY Indicators SECONDARY Indicators Stream, Lake or Tide Gauge Inundated t7 kited Root Channels in Upper 12' Aerial Photographs Saturated in Upper 12' ' Waiar Stained Leaves Other Water Maft � Local Soil Survey DatA. . None Drift Lines FA6-Noutral Test -- _ Sediment. Degasi3s .other Ppiain in Remarks) Drainage Patterns in WQtlands Field Observations Depth of Surface Water _(1n.) Depth to Free Water in Pita din.} Depth to Saturated Sod:Cn.} Wetland Hydrology Present? es No REMARKS: ; Basis for determination: 4 r to Zt tA r I-� SOILS ULT L . e4ylY e, -4 _j c, , . Soils Mapped As: e U — Drainage Crass._. Feld Observations Taxonomy (Series and Phase): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color . Mottle Colors Mottle fnchesl mix fMunsell:Moistl [MunselLMoisi) )) ,lad R 312w 110 446 faIJ 1TS�h Fiydric Soil Indicators: - Histosof Reducing tiondiiions Organic Streaking in Sandy Soils Hlstic Epipedon Grayed or Low Chroma Colors Listed on Local Hydric Soils List Suffldic Odor Cancratfohs Listed vn National Hydric Soils Lis( Aqulc Moisture Flegime High Organic Content In Surface Layer in Sandy Soils Hydric Soils present? mesa No REMARKS: Basis lar determination: t 'C Is this WETLAND mpri g Pon Within a Wetland? oy" Na INVESTIGATOR: Basis for determination: t P je&� Sile: 1-h f�A+7� Sec: JDate:-- �//7 i(cari 1 ner: :,. Township County: ;47— e er{s— �v-. - ------ ---.. age:--� State_�......Washtrigton _ once$ exist -on -the -site? - ,r A Is the :dL#-§Ignificanily & recerttly dlsitrrtaed7 (Atypicai Sltuatlon) Yes Transect ID: Is the -area -a potential Problem Area?_(explain in final remarks) Yes �htoy) Community ID: -VEGETATION .': .so r _Rminant P1812ftmcieA .. StreturrlIndicatorRqj0k=PjUt Indicator r 1. Iln. tifu � S. Ij li 'Gov'* �r 2 ritiGtTGi ct_ 7..OIIJ41k!NA d, g.,50Y6 _r.S _a.0 atip4j-.:q S. 10.ffiAjd:&A�- M.: Percent of Dominant Species that are Hydmophytic Vagetation Present? . as No ACW- or FAG FAC-) 6 for detannlnation: r..08� (e%duding % Basis 8 aJr �y u W&J A 'HYDROt.OGY Recorded Data (I3es a in Remarks): PRIMARY indicators SeCONDARY Indicators =" Stream* Lake or Tile Catrge . Inundated Oxidi2ed Root Channels in Upper t 2" Aerial Photographs Saturated In tipper 12" Water Stained Leaves _ . Other Water Marks Local Soil Survey Data None Dr+Nt Lines FAC-N u�-Mst- - Sediment Deposits Other (Explain in Remarks) Drainage Patterns in Wetlands ' Feld Observations depth of surface water- NA-(iu7.} Depth to Free Water in Pit:: — fin.). , Depth to saturated Soil:!_ m•} tt__ Wetland Hydrology Present?Ger. No REMARKS: y d�u C pt,� tit 4 Basis tar determination: -7D Q 1e_%WSU1'LAVVG'1-0'1N l M r SOILS r_ Soils Mapped As: L,� t _ F.s Lk.. Dra.1nage Class: Feld Otzservations Taxonomy (Series and Phase): Confirm Mappad Type? Yes No Profile Description: Depot Matrix Color . Mottle Colors Mottle finchos)Horizon fMunsall Moistl bundancelVontrasti' ', 1 Hydric soil Indicators, •v:; f I Histosol Reducing Conditions • _� -x :.. . ,Histic l=pipedon : ,•: - r .. y- Gleyed or l.ow Chrome Colors � - Organic Streaking in Sandy. Soils � Listed on Local Hydric Sails List SuIrW;a Odor Concretions Listed on National Hydric Soils Li: ,rt _ Aquic Moisture Regime High Organic Content in Surface Layer In Sandy Sails Hydric Soils Present? No REMARKS' �es� Basis for determination. WETLAND DETERMINATION � Is this Sampling Point Withfn a Wetland? Less No INVESMATDfL: ~ Basis for determination: 1 I Jr ' `' ROUTINE WETLAND Ui:I LKMINA 1 IV-' - UA I A 1-UHM i Vdr IV1t-%13UA1- pmjecvsxe: 14Z 01� Sec: 5 Date: 0 /k/ Vra Appllcantl('wnei: ' f Township: e%l%l County: r . r Flrotinnst , 1 !Te-sled No�Wot-tGk:�—� :Is-lhe site sign(iicantiy & recently disturbed? (Atypical Siivaflop). es No TransW ID: ' --its-the area a poteralat Problem Area? (explain in fined remaft). - ss Gommur* ID: ---VEGETATION 3. 9. Percent of Dominant Spedes that are, _ 08L, FACW or FAG (exduding I=AC-) REMARKS: HYDROLOGY • .Recorded Data (Describe in Remarks): Sulam, Lake or Tide Gauge Aerial Photographs Mor -_ None t0. • H"ropftytic Vegetatesion Present? No Basis for datermtrtsdorc I 740 � PRIMARY Indkeawm Inundated 4 Saturated in Upper 12" Water Marks Drift lines _ , ^ Sediment Deposits Drainage Patterns in Wetlands SECONDARY Indicators Oxidized Root Channels in Upper 12' Water Stained Leaves Local Sail Survey Data . FA�--N--eutrW Test Other (Explain in Remarks) Field Observations ++ ++ {{ pf Depth of Surface Water. A- .) Depth to Free Water in Pitf2 I (in.) Depth to Saturated Sort: `>` [in.) 1Natiaruf Hydrology >?reserd? es No RSMARK� -- 5'a .I / r L + 5� ,4 �0 � Basta ford etermtnation: GtT� G�oro'1 SOILS ff,, Soils Mapped As:_ d � flora G !l; Drainage Class: Feld Observations Taxonomy (Series and Phase): Confirm Mapped Typal YesNo Pratile Das=fiAlon. Depth i.1�LA.fIwIGLL 7 1-2— Rydric Soil Indicators: Matrix Color mosd WWI fob o-1 71 o • 11 = • • 1 • �1- �FYY y r w: tis. 11n u• c�i� � - Po &Xf Histosol Reducing Conditions _ _ Organic Streaking in Sandy Soils Histic Epipedon Gleyed or *Low Chroma Colors Listed an Local-Hyjd& Sods.l_ist Suitidic Odor Concretions !' Listed on National Hydric Soil's U, Aqu% Maisture Regime High Organic Content In Surface Layer In Sandy Soils Hydric Soils Present? Yes No REMARKS; P A �� ` Basis for determination: tl WETLAND DETERMINATION is this Sa,nprng Point Wahin a Wetland? Q es No NVESTIGATORr��, Saris for determination: - 0.11 irvz HUU r lrvt YVt l LPJ4U Ut i thMINH I IVn` - L)F%J A rUHM 3:1i31 N1Hr`iuHL Proect/s-ke: "i AA-(c _• _ Sec: 47 • Date: cal -6 pficartU weer: Township: 7-A. County: 1r r J . rcumstance NoPlat-lf3:�� - .I5 tfzo_site significantly & recently disturbed? (Atypical Sltuatlo'. s Transact ID: . As -the -area a potential Problem Area? (explain in final remark')_, _ ,� yes o Community 10: VEGETATION q-" Or I '(" Domingnt Platt Soecie�r�..__. _.,. s 1u lndMor 2 fib P-�Og c,t. t LA 5X 5. Percent of Dominant Species that are 081., FACW or FAG (excluding. FAC-) HYDROLOGY .Recorded Data (Describe in Remarks): Stretrm, Lake or Tide Gauge Aerial Photographs Other Nona Field Observations Depth of Surface water. M' - (in.) 7. 10. Hydrophytb Vegetation Present? es No Basis for deterrnir a on: CIA� _ t. A - PRIMARY Indicators Inundated Saturated in Upper 12- _ Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands SECONDARY Indicators Oxidized Root Channels In Upper 12' Water Stained Leuves Local Soil Survey Data — FAGi+Ti&fW Test Other (Explain in Remarks) Depth to Free Water ln F'rt )On-) Depth to Saturated Said 1.1„ lire) Weiland Hydrology Present? as, No REMARKS: .Sq'�1.��44 tq t� Basis for determination; SOILS �-• Solis Mapped As: `f Class,� • Field Observations . Taxonomy (Series and Phase): Cordirm Mapped Type? Yes No Profile Description: Depth Matrix Color . Mottle Colors Mottle ligd2Qt? fMunsefl Moist) fMunsell Moist) Hydric Sod Indicators: Irilstosol Histic Epipedon, Sullidic Odor Aquic Moisture Regime Reducing Conditions Organic Streaking in Sandy Sails Gleyed or Low Chroma Colors Usted on Local Hyd& Scils� Ust Concretions Listed on Natlonal Hydric Soils Lisa High Organic Content in Surface Layer In Sandy $offs HYdric Soft Present? ' Yes No REMARKS: ' � f J►,L.. �, �; `- �'`• =c�,. :_ Basis for deternmination;� ,O , N Wj tmotT�r� WETLAND DETERMINA71ON s ' Is this $�pUng Paint Within a Wetland? (^Yes Na INVES�`IGATOR: Basis for determination: ✓- S ROUTINE WETLAND DETERMINATIO"- DATA FORM 1VU/ MAINUAL P ojecvsice• Sec: Date: pllCarit/ vrier Township: Caunty: ---Range:-Washingtan- -`-". Dal arrces e .A ori- --- ,es I0 14 -M=— t Is the site significantly & recently d1SIUrb4d? (Atypical Situation) Yes PO Transect.ID: Is the area a poterdial PrcVem Area? -(explain in final remarks) Yes Comm0-n_i#y ID:. VEGETATION DominantPlarit Species_ . __ .,• iratvr!l.�_ Indicator 1. c.Q r &u z 4. Dominjoi-efant Species Sty .. ndlcator 6.—�- 7. e. S. S. Pen:ent•of Dominant Species that are Hydrophytic Vegetation Fresent? Yes 0 08L. FAGW or FAC (excluding FAC-1 % Basis for determInation; 0 L � HYDROLOGY .Recarded Data (Descrikie In Remarks); PRIMARY Indicators SECONDARY Indicators — Slream, Lake or Tide Gauge — Inundated Oxidized Root Channels in tipper 12' Aerial Photographs Saturated in Lipper 12' Water Stained Leuves Other Water Marks -- Local ScH Survey Data None Drift Was — � -rA-C:Neutral Test Sediment Deposits Other (Explain In Remarks) . - - Drainage patterns in Wetlands Field Observations Depth of Sutfaa Water^ (in.) Depth to Free Water in Pit: 2 -+� an.) Depth to Saturated Sal: � � � din.) Welland Hydrology Present? Yes NO REMARKS: Basis for determination: SOILS � . Soils Mapped As:h, 01-r�. r,'1.0 �{jai'Vt -rie+tt Drainage Class- Feld Observations Taxonomy (Series and Phase): Confirm Mapped Type? Yes No Protila Desc iption: Depth Miches) HRfiml1 0-1 •Ltat.—}� Math Color o 4- Mottle Colors �j0 yx CV — oil .I a6w4,•••I1r-7 1� � 51i9�+ �4g Gr, �orl�•�l.at'1 Tnvhura conccgons_ Structure. etc. Sc, o1 Hydric Sorb Tndicators: ; Histosol Reducing Conditions Organic Streaking in Sandy Soils Histic Epipedon _ Gleyed or Lau Chroma-Colors Listed on Local Hydric Sons List . Sudkiic Odor Cancretlons Listed on National Hydric Sorts List Aquic Moisture Regime _ High Organic Content in Surface Layer in Sandy Soils Hydric Soils. Present? Yes t o REMARKS; �1 e V"64 Basis for determination: Ot r ) WETLAND DETERMINATION Is this Sampling Point Within a Wetland? Yes No INVESTIGATOR: ._ . Basis for determination: - o 1AA Projecus. te: Applicant/Cwner Lu7v,u Township: County: IUNZr Invesilgator(s):, n.•� Ty Range: � State: • Washington Do Normal Circumstances exist on the site? e No Plot ID: _- s the s6ite sigpificantly & recently disturbed (Atypical ltua on es T Is the area-*Obtentlat problem Area? (explain in final remarks) Yes o Community ID: VEGETATION Dorninant-P�antSaecies- 5lratum IndicMr - d 6. 4. t 91M►.... 9. tt& 5. t 0 A �' ��'•�� Parcent of Dominant Spedas that are Hyiirop etatfoa rasenR7 No 08L. FACW or FAG (aWtidirg FAC-) 96 Basis for determination: - f � 70 ems_ v� REMARKS: + f� - q v +& ~--1l_ �tk t itiTUlaiewGP �- V 4. W- W14!PJ HYDROLOGY K`''� '`Zt " Recorded Data (Descrbe in Remarks): Stream, Lake or,TWo Gauge Aerial Photographs Clhar Nona -- PRIMARY Indicators Inundated Saturated in Upper 12' Water Marks Drift tines — Sediment Deposits Drainage Patterns in Wetfands SECONDARY Indfca6ars Oxidized Root Chaanals in tipper 12' WaterStained Leaves Local Sod Survey Data FAGNe utral-Test_- - Other (Explain In Rernaft) Field Observations tl IT Depth of Surface Water NA k-L') Depth to Free Water in Pit ^dirt.) Depth to Saturated Sod; —rh) Wetland Hydrology Ptosont? Basis for dstermination: j= REMARKS: Q i rt S SmIs Mapped As: 1 Lamd a 1 o d hN.' Vv— SaAA Drainage Class Taxonomy (Series and Phase): _ r Field Observations Confirm Mapped Type? Yes No, Profile Description -- Depth nchosl tjpLg2n Matrix Color Mottle Colors (Munson Moisti (Munson Moistl Mollie T -�- tail a�214V Cj � t 'A Hydric Soil Indicators: _ Histasol Reducing Conditcans Organic Streafdng in Sandy Soils His -tic Epipedon Gleyed or Law Chroma Coors Listed on local Hydric Soils Ust —SulGdic Odor Cohdrwons Listed on National Hydric Soils List Aquic Moisture Regime . ^ High Organic Content in Surface Layer In Sandy Soil Hydric Sods Present? .Yes Na - REMARKS: t.i}t� i Basis for determination: VI WETLAND DETERMINATION Is this Sampring Point Within a Wetland? eatoo INVESTIGATOR: Basis for determination: - nvvgn,L. rtL.ILr+l.cj I;v1v- LIMIn rvnivI I`JtsI p(IHIVLAL Sec: Date: plica C1�tner: _L` s.t r a �y _ Tcwnship: ?'� of County: Y atot(s}: � -rti. - -- rang ington _----Do Dtarmal-Circurnstances-ex4st h,�e � e#-��� f�--�- — Isrihe site signiticantly & recently.diourrbed? (Atypical Situation) Yes �.No Tra ansect ID: Is the area a potential Problem Area? (explain In final rer corks) Yes Comtiiunity ID: VEGETATION ka .Q6minantik@ Plant sudes ,, tratflrn-----Indicator �Ns a'Jis B.e✓N�rl?�Yt-r. CPl .�o1 _ %r 2. 3. Icu B. GifIC �ii �1'-tt _ C(.tJ 4. , — s. S ctM Six P c! 5. 1o., fUSCx_ ! Gut Pstcent of Dominant Species that are OBI, FACW or FAC (excluding FAC-)°6 07 Hydmphytic Vegetation Present? No Basis for determination:� REMARKS: , '� P �-- -- HYDROLOGY � . ` -- .Recorded Data (Describe In Remarks): PRIMARY Indicators SECONDARY Indicators Stream, Lake or Tide Gauge Inundated Oxidized Root Channels in Upper 12' Aerial Photographs Saturated in Upper 12' Water Stained Leaves Other Water Marks Loral Soil Survey Data _ Nona Drift Limes - --- FACGNeWal Test Sediment Deposits Other (Explain in Remarks) Drainage Pattsms La Wetlands Feld Observations DePM of Surface Water. �'� r (in.) Depth to Free Water in Pit: � On.) Depth to Saturated SCH: Wetland Hydrology present? Yes :No % REMARKS: �'� S� �.e + C Basis for determination: .SOILS (� �Q} Soils Mapped As: I � g'&%.vf A 1,001,14J.1 Drainage Class. -- Field Observations Taxonomy (Series and Phase) _ _ Confirm Mapped Type? Yes No PrcVa DescrOtion: Depth Matra Color . Mottle Colors Mottle bdesl Horina fMunseif Moistl fMunsall MoNtifAbundaaaaQqotr —9.- &�IoR-V, - f Hydric Sorg Indicators: .11 kti -- Histosoi Reducing Conditions 4-N Organic Streaking in Sandy Sods HWic Epipedon . X Gleyed or Low-Chroma.Colors _ . mated on Local Hydric scits. List.... Sultidic Odor Concretions Listed on National Hydric Sails Lisl Aquic Moisture Regime High Organic Content in Surface Layer in Sandy Soils Hydric Soils Present? Ye - No REMARKS: got Basis for determination: I''i Q� l -� WETLAND DETERMINATION Is this Sampling Point Within a Wetland? Yes !o INVESTIGATOR: Basis for determination:r- _ P jertf ite: net: - -- --- nvast gatar(s); - - - --- Do Normal Circumstances exist on the site? s the $e sIgnificardly & recently distuibeQ (Atyp€cai Situation) Is the area a potential Problem Area? (explain in final remarks) VEGETATION I- -F6fk, ZQ S.- Percent at Dortrinant Species that are OBL. FACW or FAC (exduding FAC-) % REMARKS: pvc� o ld HYDROLOGY .Recorded Data (Desabe in Remarks): — Stream, Lake or Tide Gauge Aerial Photographs Other None Feld Observations Depth of Surface Water _(In ) Wetland Hydroiogy Present? Yes).. N+ Basis for determination: _-e�r!_. S PRIMARY Indicators Sec: . Date: Township: ?z" County: Range: State: Wad ngton lest Nq Plot ID: ` Yes -No rmi nsect Yes.'Carrununtty ID: B. DNA fr . a. `L noklo bal5 Hydraphytic Vegetation Present? •ems No Basis tar determination: > 9Z @ UA' Inundated Saturated in Upper 12' Water Marks = Drat -tires Sediment Deposits Drainage Patterns in Wetlands ,f SECONDARY Indicters oxidized Hoot Channels In Upper 12 Water Stained Lawas ' Local Sol Survey Data FAGNeutral Test L- other (Explain in Remarks) Depth to Free Water in Pit:_ ,( n.) Depth to Saturated Soli tm REMARKS: a 'JI.- V t o. W SOILS t j � Soils Mapped As: p► ( ' 1 1 % Qn Drainage Class Field Observations Taxonomy (Series and Phase): Coewn Mapped Type? Yes No Profile Description: Depth ads) Horimn Matrix Color . CMUnsel Moist), y 3 ti AN X 3� 2. f Mottle Colors Mottle 1Munsell Moisti (Abundance1Qo trastl jo4 � :.�t �; c . wi =► r Hyddc Sol W orsicat 1 fiistosof Reducing Conditions _ Organic Streaking in Sandy Sols i•Ilstio 41pedon Gleyed or Low Chrome Colors _ Listed on local Hydric SOBS Llsi SuffWic Odor Concretions Listed oh National Hydric Sob U: Aquic Malsture Regime High Organic Content In Surface -Layer in Sandy Soils Hydric Sots Present? Ye Na REMARKS: Basis for determination: W `j Gkv' CAL WETLAND DE ERMINATioN Is' this SamPiing Pofnt Within a Wetland? No INVESTIGATOR: Basis for determination: � . APPENDIX E Earthen Trench Plug ProjecUSite: r'1Er a s Sec: - Date: Appiicant(Cwner: Y4t:u7o,•1 Township: ;N County: lGJisiLr- Investigator(s): 4.'1 7`y Range: State: . Washington Do Normal Circumstances exist on the srke? a No Plot ID: -7 Is the site-sigrifflcantiy & recently dWui6 (Atypic a n) Yes - Tr e='I D. Is the area=g�pbtentiat Problem Area? (explain In final remarks) -Yas� � o Community 10: VEGETATION Dominant Plant-Soocles- Stratum In&=Indkolor 6. 4. j41VW5 V�&,C-Aj orlelv" tkk- 5. 14 Akedtrr> od al00-* Percent of Dominant Spades that are HyFfrop aigeta lon resent? a No OBI, FACW or FAG (excluding FAC✓) /S % Basis for determination ►� c� �-� ja REMARKS, !sW -o� t•��� 4. lot- iUPvOA A al HYDROLOGY t"� 'dit" .Recorded Data (Des=be In Remarks): Stream, Lake or Jkle Gauge Aodat Rhotagraphs ., Other None, PRIMARY Indicators - Inundated Saturated in Lipper 12' Water Marks Drift Lines.. Sediment Deposits Drainage Patterns in wetlands SECONDARY Indicators Oxidized Root Channefs in Upper 12' Water Stained Leaves Lost Soil Surrey Data FAC•Nautta!_Test - _ Other (Explain In Remarks) Aeld Observations tt If Depth of Surface Water. (kL) Depth to Free Water in Pit:. �L (im) Depth to Saturated Sat- f? Wetland Hydrology Present? Basis for determination: r+ REMARKS: 4 r rn 5 SOILS Sails ivtapised As: l 1'. rr+y x Ul 0 0 il�F� Tt �G YL Drainage {lass Field Observations Taxonomy (Series and Phase): Confirm Mapped Typo? Yes No Profile Description: Depth fthea) Imo' Matrix Color Mottle Colors (MM01111 MOND fMu fly Moistl ja�g* al'iA 5 Hydric Soil Indicators: Nistosol Reducing Conditions Organic Streaking in Sandy Sorts Histic Epipedon Gleyad or Low Chroma Colors — Listed on Laval Hydric Soils Ust „- Sutfidic C W _ concretions " " Listed on National Hydric Sails List Aquic Moisture Regime High Organic Content in Surface Layer in Sandy Soils Hydric Sods PreSer;t? Yes No - REMARKS: C1tQCr, 16 Basis for determination- I WETLAND 13EFERMINATION Is this Sampling Point Within a Wetland? eallo INVESTIGATOR: Basis for determination: - r3�ci I Ll.L- r1"4 v MIv L!L J Lr%IVAIIVr% 1 IvWW - vn I r% rvrtilri ,.Dl. J1(�ANJ JAL Sec: r7 Date; pllca ner: %=���.i r r� i✓ __ Tvwriship: r Cushy- ✓ i� — ato� Ranger-- -�-State:----Washington r-� blvuFtBi OiCckl[ 5#a�css-B�€I�r v,.E - - �V�-- pint rn• Is4he site signUlcaMly & recengy..dlslurbed? (Atypical Situation) Yes (No Transect ID: Is the area a potentlal Problem Area? (explaln in final remarks) Yes -Na Co_ritrit=4 ID: _ VEGETATION _. wS mot" - 2l (� 4. 5. Percent of Dominant Species that are OBL. FACW or FAG (excluding FAG) �6 REMARKS: W?DFIOLOGY _ I .Recorded Data (De=iloe In Remarks): — Stream, Lake or Tide Gauge — Aerial Photographs Other ... None Indicadgr 6. 7. �. 9. Hydrephytic Vegetation Present? ges Na Basis for determination: PRIMARY Indicators SECONDARY Indicators Inundated Oxidized Root Channels in Upper 12' Saturated in Upper 12' Water Stained Leaves Water Marks Local Sol Survey Data Drift Lines ------ FAO -Neutral Test Sediment Deposits Other (Explain In Remarks) Drainage Patterns In Wetlands Feld Observations Depth of Surfaca Water (In.) Depth to Free Water in Pit: 2 V4�{n.) Depth to Saturated Wetland Hydrology Present? Yes : 0: REMARKS: Vec-� � S'e r 1 Basis f0rdeterminatlon: rVIO c r *^ 0 r1 SOILS j Soils Mapped Az., � � 4 [ G-t a � A x dG � Drainage Olass: Field Observations Taxonomy (Series and Phew): Confirm Mapped Type? Yes No Profile Description: Depth Ma* Color . Mottle Colors Mottle, fe'd2s H2dma (Munson mc)istl 1Munseu mdstl f, undancantr 9 Ct Cam_ �� I o �-�� •- 1 It 0 i fro a Hydrlc Soil Indicators: Texture. Qgnpregons. SIM-Mre. at W/ ya &+.VA ucl _ Hislasol Reducing Conditions —/IN Organic Streaking in Sandy Soils y.. Hislia Epipedon. Gleyed or Low-Chroma-Colars -. _ Listed on Local Hyddc Sorls.Lisl-., Sullidic Odor Cohcretions Listed on National Hyddc Soils Us Aquic Moisture Regime ' High Organic Content in Surface Layer in Sandy Soils '�'4�i1i•-] Hydric Soils Present? Ye No Basis for determination: .. REMARKS: WETLAND DETERMINATION is this Sampling Paint Within a Weiland? Yes JJo INVESTIGATOR: Wn Basis fordetermina. ^ .. r�, l _ ��� WlG tC vS lF•'" �SGr''t : rR£xCH PLUG WtH SELECTED IOrr 'PEO+EA&E, Ko,NOfSPERSI&E CLAY AIAMMA IMIX.-PLASTIUrr IMMr of C�O IOX MPAGrED rO 95: ✓ZELATIYE comPACnon. SEE merE L - - � Tor Of TRENCH 8ACKFILL AS t4 REQUIAED ot- �+,, TRENCH BOTTOsI 6' MIN. S£E rroTE NOTES: r. TRENCH PLUG SHALL BE KEYED iNrO 'EACH SfDE. AND WTTOM OF TACMCK A WHIMUM OF 6: z - WHERE $IJITABLE mPEmoOS jvAremAL IS Nor AVAILABLC. LEAN mix Lo&r-WE mAr 8E SvesnrurEA 1, PROVIDE' TRENCH PEWS Ar LOCATIQXS Amo IArmA s SP�CIFIEQ EARTHEN TRENCH PLUG 8 CNTRANCO August 16, 1999 John Hobson City of Renton Wastewater Utility Division 200 Mill Avenue South Renton, Washington 98055 AUG 17 1999 ^I Ty. OF RF NTO , - 5 1000 Re: Higate Sewage Lift Station Wetland Delineation Entranco Project No. 99133-60 NE STH STREET Dear Mr. Hobson: SUITE3CI0 EELtEYUE This letter summarizes my review of a wetland delineation documented in the Higate Sewage Lift Station Elimination, Wetland Delineation Report prepared in December WASHINGTON 1996 by Entranco (project no.. 96038). The field analysis was completed in August 9800�•Si45 1996 and one 5- to 8-acre wetland was delineated. Because the wetland delineation was completed in late summer, wetland hydrology was assumed in some instances. Portions of the wetland in the project corridor were flagged; portions. outside of the TELEPKONE project corridor were visually estimated. 47.s A5+ Sbau On July 21, 1999, 1 reviewed the wetland delineation report and examined the project corridor. No flags from the 1996 delineation were observed. The wetland boundaries that I observed corresponded to the wetland boundaries mapped in the delineation TOLL FREE report. Because I completed the review in the summer, I also had to assume wetland hydrology in some instances. 600 454 5601 1 also agree with the classification of the wetland as a City of Renton, Categov 2 wetland, because the wetland is a headwater wetland. FAX 425 454 0220 If you have any questions concerning this project, please feel free to call me CSincerely, „ INTERNET ENT ANCO, INC. DEVELOPMF- p1AN y CITY OF RF-N_T�'ryO► www.cntranco.co- FEB 0 9 'A en rgent�+ y Senior Wetland Ecologist KW S:jc ARIZONA 'ALIP¢RNIA AHO OAEGON UTAH WASHINGTON C4 - 32 TUN R5E E 1/2 6%� 2 R-4 m - OD 1 WN 1 co N NE 4th St. J R-8 R-8 NE 12th St. w 10 R-8 z U R-8 saa 14 oa R — 8 R-, IE 23r LF 8 R-8 ..NE 23rd St. d R-8 E b R:— 8 St. _ z R-8 u co NE 19th C R _. 8 I , Q St.. p R-8 Q 16th St. � o w [� Imo_—V Q Q R-8 R-8CP R-8 RM-F R-8 R-10 E4 - S T23N R5E E 1/2 Y ZONING - - Penton vity �ti a P/B/m TBCHIgWAL $$R'V M _ �o D41j4800 5 T23N R5E E 1/2 s i ZONING MAP BOOK 74 92 93 455 456" 459 461 13a ! 13 2 B _87 lase maev , 26 T24N R4E 25 T244 R4E 3D T2.4Nsli5EgT24N R5. 29 T24N 85E, 27 T24N R5E 26 T24N FI5E 81 94W" 455W i457 458 460 464 C.1C2 V �j C5 .! I 35 T24N R4E 36 T24N R4E 31 T24N R5E 32 T241V'R5E 32q&f �-- 35 +4N R5E 306 307 w 8 309 3 - $ J 80.1 y D ''Y 4 D D7 D D 2 T23N Fi4E 1 23N ROE 8 T23N R5E T23N'135E 4 T23N RSE .3 T23N R5E 2 T23N R5E 31,6 31 .. 31 -_ ,1 g 30 $Ov FI E23 E4".1-E5 7 1 T 3N R4E 12 T23N ROE ❑ T23N R5E 6 T23N R5E 9 T23N R5E 10 T23N R5E . 11 T NR5E 28` 326 PLO, 27. 328 370 810F5 3 $ 61 .-F io F-1 4 T23N' R4E N 1.3 T23N ROE 18 T23N R5E i T23N R5E 16 T23N R5E 4 T23N ft& "• 'fi M T23N RSE 1. 334 ',,335 336 337 371 81.51, 81 f fo ,G6. G, G3. 3 T23N WE 24. 323N R4E 19 T23N RSE 20 T23N R5E 21 T23N 22 T23N R5E 23 T23N RSE + 2. 44 34 600 601 } 602 820 821 e 1 H3 -H5 H I7 T23N ROE 25'T23h1 ROE 30.T23N R5E ' 29 23W195E 28 T23N RSE 27 T23N R5E 26 T23N R5E 25 6� --351I .W_ 603`4 605 825 826 8 12....If+ �4 16 i7 3 E 36 T23N R4E ' 31 T231 R5E - 32T28N R5E 33 T23N RgE 34 T23N R5E 35 T23N R5E 3E 607 6081 609 610 632 833 e 1 J2. J3... -_ 14 J5 J 7 uYW 22N R4E 1 T22N R4E 6 T22N R5E 5 T22N R5E 4 T22N R5E 3 T22N RSE 2 T22N R5E 1 T2 RESMENIIAL _MDXD R INDUSTRIAL RC Resource Conservation Cv Center Village 1N Industrial - Heavy R-I Residential 1 du/ec CC -NI Urban Center - North 1 IM Industrial - Medium R-+ Residential 4 du/ac uC-N2 Urban Center - North 2 It industrial - Light R-9 Residential 8 du/ac CC Center Downtown* CP? Publicly owned RNH Residential Manufactured Homes CCR Commercial/Office/Residential --- rpuvsprlar. -- Renton City Limits R-10 Residential 10 du/ac -_- - Adjacent City Limits R-la Residential 14 du/be Ca Commercial Arterial' ussmaaBoak Pages Boundary RR-1 Residential Multi -Family LO I Commercial Office• R,. 1 Residential Multi -Family Traditional LN Camrpercial Neighborhood KROLL PAGE RR-u Residential Multi -Family Urban Center- PAGE# INDEX • May iAppendixude Overlap Districts, See Append traps. For additional regulations in Overlay Districts, please see RMC 4-3. secmvwa,+Usse Printed by Print 8 Mail Services, City of Renton C4 - 32 TUN RSE E 1/2 V( 3 �7 E4 • 8 T23N R5E E 1/2 ZONING Renton Llty ramnr P/H/PW TECHNICAL URV1C88 °° D41:4a°° 5 T23N R5E E 1/s2 a w z ZONING MAP BOOK 4 92 93 455 � "456 . 459 _,461 ._ x B 1 B2 B B 9 .7 26 T24N R4E 25 T24N R4E :. .30 T24N,R5E 9:T241J R5 26 T24N R5E. 27 T24N R5E ."-' 26 T24N P5E 81 94W' 455j11( )457. 458 460. 464 ----1C7 C2 C4 C51,1 z..' 35 T24N R4E 36 T24N R4E 31 T24N RSE 32.T24N RSA 33+�`24N.---"$N 3511124N R5E 806 ,: 307 1.309 3 t_ BOR 80.1 71 D3 D 6� Dt 2 T23N R4E it 23N ft4E 6 T23N R5E 5723N"R5E 4 T231y fi5E 3 T23N R5E . 2 T23N R5E 319.369 = 805 806 . J E ,.7 -1 T 3N-R4E 12 T23N R4E , rJVR5E.8 T23N R5E 3 T23N R5E 10 T23N R5E::. 11 T2 N RSE :. 1 32s . 32$ 370 810.:_. $... F41. MOVE 3, 4 T23N.R4E - .13 T23N R4E 1 S T23N R5E 17 T23N R5E 16 T23N R5E ]IC} iR5f l 14 T23N R5E.. 1 337` 371 8,�54 816 334 `,335 336` . _,, n'G7, G 1,-� G2,, G3,.G4�G& 3 T23N R4E- 24 T2A NE 19 T23N R5E 20 T23N' ME 21 T23N 22 T23N R5E 23 T23N SE 2, 44 :$4 600 ' 601 602 820 821 F i T 1 ; 2 H3 _ H. H H T23N ME 25Ti231 R4E 3p T23N R5E ' - -29 23N'R5E "' 2S-T23N R5E 27, T23N R5E 26 T23N R5E 25 50 :... -351' -- -` 6034 805 825 826, 8 �- --- - -- 1 4�6 17. 3 E. 3fi T23N R4E 31 T23 R5E 32 T23lJ R5E 33 T23N RSE 34 T23N 85E 35 T23N R5E 3E J2607. 6081 610 632 833 11T21 J3 _ J4 J5 J6 RN R4E i T22N R4E 6 T22N R5E: 5 T22N RbE 4 T22N R5E 3 T22N RSE 2 T22N RSE RR4IriRNFIAL MDCRD UBE CENTER INDUSFRIAI, RC Resource ConBelvation CV Center Village FT,, Industrial - Heavy 7.7 Residential 1 du/ac uc-tr] Urban Center - North 1 F 1M Industrial - Medium R-1 Residential 4 dufac uC-r Urban Center - North 2 I1 Industrial - light R-8 >, Residential a du/sc CII Center Downtown* <P: Publicly owned 11- Residential Manufactured Homes COR Commercial/Office/Residential --- -- Renton City Limits R-]B Residential la du/ac COMMERC _-Adjacent City Limits R-1a Residential 14 du/a- Ca Commercial Arterial' CO Commercial Office* � Book Pages Boundary RN-F Residential Multi --Family RM-T Residential Multi -Family Traditional CH Commercial Neighborhood KpOLL PAGES Ra-u Residential Multi -Family Urban Center• PAGE# INDEX • May include Overlay Districts. See Appendix maps. For additional regulations in Overlap Districts, please see RMC 4-3, IsEcrTOWN. OE Printed by Print & Mail Services, City of Renton i y G] S pWYVi V)�w ❑� y �4 a pN q � �otizw� tie � ' �s lal�� u`u W. �I[I ti~tiuw yarn 9 4~4 O U 4a94 catty C'J a❑❑ S4J z � �+9KC 9w Z4 ;i ~~ O W W p❑x JW � m�j W���y SrS �L ¢W N 4 9%law S q. 4Z4 o� i�❑ � v Q M 4 � N b " LLJ W m w v; m yppy�� a�p ,vpp ¢ 3l m 00 ppo ""O W � q Sly, u v� m N WIN; ti vl CUT.. ZVO v� '.L Q ar 611, a4 o told �k a 51 fl `wpppppm �zy�uf W�O tyj� � R W W Y k (J as t;4 'C Na4W YppI N\55Y99OJ iV �4-1'y OO v u4 IF zbz �3 w _ NAM W JCwa YNvvv w w2 NNN L 4oy�om�n gWdd� q�J� m zr %A We WW N q ySy y� 21unf � yqy�� y��l�0y�a W W Y2 22 Y tu� pp x z Z II I ago Wp Z �pp w i � ¢ in II 1+ Z �KaaS'=mlw��i�, �§��a<x22WapQ �y� ❑ 04i�f 4�W yam{=bi Y ��' �. w ti 4 V $d�0i=f®®rexta®f� �Wy gW4V 2 �tiwlu u bE'Sfii Rk.LE. SE• OOM �u M M �a.J�Y7 .Ov'LOE Sr3M .£9'L£2F M.00[E. OON u+N " gw4q COAL. CREEK 7 R1RU7AR1E5 1 a.ck L DESIRE q $ a _ K 5pnngbro c Crerk n . . . SHADY LAKE o R_ wl K.K PANTHERE w^9s LAKE YOUNGS hl 40B;h S h SY WATER CLASSES - ECONOMIC DEVELOPMENT 0 2000 4000 PL$IPW Technical Senvi-cs R. MacOnie, D. Visneski To May 2005 1 : 24000 LEGEND: Class 1 Class 2 Class 3 Class 4 Piped or culverted (dots) City Limits Potential Annexation Area • ���STAT�a� i s State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 4 Office: 16018 Mill Creek Boulevard - Mil# Creek, Washington 98012 - (425) 775-1311 October 12, 2006 Erika Conkling, Senior Planner City of Renton Economic Development Neighborhoods and Strategic Planning Division 1055 South Grady Way Renton, Washington 95055 Dear Ms. Conkling: SUBJECT: Proposed Determination of Non -significance; Kennydale Blueberry Farm Rezone, File Number CPA 2006-M-02, Kennydale Creek and Its Associated Wetlands, Tributary to Lake Washington. The Washington Department of Fish and Wildlife (WDFW) has reviewed the above -referenced Proposed Determination of Non -significance, and offers the following comments at this time. Other comments may be offered if the project progresses. A Hydraulic Project Approval (HPA; RCW 77,55.021 /WAC 220-110; to be issued by WDFW) would be required for activity affecting the natural bed or flow of the stream or its associated wetlands. The stream on the property is the upper end of Kennydale Creek and should be classified at least as a class 2 perennial stream, It supports crayfish and other unidentified fish species. The wetlands are a rare peat soil based system of very: high value, especially if restored and given adequate buffering. WDFW believes it is imperative to preserve and protect these wetlands, as directed by the; Growth Management Act (GMA), and it would be contradictory to the GMA to rezone this property and allow dense residential development, particularly without a carefully planned and implemented mitigation plan. Development of the property without such a plan would result in disruption of the natural drainage and the degradation of the quality of the stream and wetland system. WDFW also notes the buffers widths being considered are inadequate to protect this very sensitive system. Furthermore, WDFW believes it would be premature to evaluate the potential impacts of the proposed rezone without a proper wetland delineation and a full biological evaluation. The SEPA checklist is lacking key information concerning fish and wildlife use of the site and the area near the site. A variety of wildlife species (including great blue herons, osprey, pileated woodpeckers, deer, ducks, and shorebirds) have been observed using this area for habitat, but F11. fvis. c_:onxling October 12, 2006 Page 2 that is not mentioned in the SEPA checklist. Nor does the checklist even mention the existence of the wetland. As it is, there is no scientific basis by which to evaluate the potential impacts of the proposed rezone on the wetland or stream system or the fishlife and wildlife which use it for habitat. This proposal should not proceed without further study and a plan to restore the wetland and its huffers. WDFW appreciates the cooperation of the City of Renton in our efforts to preserve, protect, perpetuate, and manage the fish and wildlife resources of the state of Washington. Thank you for the opportunity to provide these comments. If you have any questions, please contact me at (425) 649-7042 or iisheldf@dfw.wa.gov. Sincerely, Larry Fisher Area Habitat Biologist LF.lf. CORBlueberryFarm. s.doc cc: WDFW SEPA Coordinator SSA T� O� p f r � � _ w < r LM Vx A"$ a, State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 4 Office: 16018 Mill Creek Boulevard - Mill Creek, Washington 98012 - (425) 775-1311 October 19, 2006 Erika Conkling, Senior Planner City of Renton Economic Development Neighborhoods and Strategic Planning Division 1055 South Grady Way Renton, Washington 98055 Dear Ms. Conkling: SUBJECT: E-mail Concerning WDFW Comments on Proposed Determination of Non - significance; Kennydale Blueberry Farm Rezone, File Number CPA 2006-M- 02, Kennydale Creek and Its Associated Wetlands, Tributary to Lake Washington The Washington Department of Fish and Wildlife (WDFW) has reviewed the above -referenced e-mail received from you on October 18, 2006. The e-mail provided further information related to the Proposed Determination of Non -significance (DNS). The e-mail stated the WDFW comments were based on "...a clear assumption that the City is planning to allow full development on the site...". That statement is inaccurate. WDFW comments were based on the information provided in the checklist and accompanying site plan map showing the potentially proposed buffers around the blueberry production (wetland) area_ Thank you for providing the information documenting the basis of the City's analysis and staff recommendation for the proposed DNS and rezoning. Based on the City's own analysis, it is evident that the proposed rezone is completely inappropriate, since it is based on speculation that a purchaser of the property would not continue its use in agriculture. Therefore, WDFW now requests the proposed DNS be withdrawn and considered only after the property is sold and it has been documented the .property would no longer be farmed. Also, the City needs to amend the stream classification. The stream is perennial (The spring source of the stream is shown on a diagram which accompanied the SEPA checklist.) and should be classified to class 2 or 3 per the City critical areas ordinance to reflect this. The wetland classification is probably also incorrect. The Blueberry Farm area appears to be a part of a larger peat bog wetland which extends north and south of NE 20'h St. and should be classified as such. As stated in the earlier WDFW comments; this proposal is premature and should not proceed Ms. i;onkling October 19, 2006 Page 2 without further study, as has been recommended by the Washington Department of Ecology . Contrary to what was stated in the City's analysis (page 3, paragraph 2 of the Amendment 2006- M-2 — Blueberry Farm), development which has been allowed in the area has degraded and reduced wetland features, functions and values, but it has not eliminated there, Furthermore, if the property were to be rezoned, the available information indicates that R-1, not R-4 and certainly not R-8, would be the appropriate designation. This is because the City's critical areas regulations would not adequately protect the stream and wetland on the site. This can easily be observed from the damage to critical areas occurring near the site and elsewhere in the City where development is ongoing. (One example is to the wetland northeast of the Blueberry Farm where a violation occurred and was permitted after the fact, rather than corrected.) This damage is actually a key part of the basis for the request for the rezone. The configuration of the property outside of the Iikely critical areas buffers may not even be amenable to formation of additional building lots, since access to additional lots may be unavailable due to the narrow width of the developable area. This would be even more evident if the appropriate buffers, after the wetland is properly classified, were included on the site plan. WDFW appreciates the cooperation of the City of Renton in our efforts to preserve, protect, perpetuate, and manage the fish and wildlife resources of the state of Washington. Thank you for the opportunity to provide these comments. If you have any questions, please contact me at (425) 649-7042 or fisheldf@dfw.wa.gov. Sincerely, Larry Fisher Area Habitat Biologist LF:If:CORBlueberryFarm2.s.doc CC'. WDFW: SEPA Coordinator, GMA Biologist WDOE: Robohm I � -1 City of Renton Attn: Planning & Development Committee 1055 S Grady Way Renton, WA 98055 December I � 2005 Dear Planning & Development Committee: I have lived in the Kennydale area for years and I would like to bring to the attention of the Planning and Development Committee my personal knowledge that Kennydale Creek is a natural year-round stream. As such, it should be protected by all the laws and regulations pertaining to nearby development. It is not a drainage ditch, and so does not meet the criteria for a Class 5 designation Thank You, p� fay YVAy U I Fes,•I CS 36, UJc ti i �c� �t�`f 1�. L� 1� ti�`I e y� VOL" ics� 7 SIC_ -T 0Cg i rn Gt �E -q1T'& pV �1 ( e� � CH 1L D "CO (y ' � Tic 10-C iJ) i "�i Et . •� Cam- x rt C THY ! Sys D Pry 1r City of Renton Planning & Development Committee 1055 S Grady Way Renton, WA 98055 RE: Kennydale Creek Re -Classification 6- (Si ature) (Printed Name) (Address) T 7 (City) (State) (Zip Code) 3 City of Renton Planning & Development Committee 1 055 S Grady Way Renton, WA 98055 Date: RE: Kennydale Creek Re -Classification �'�� ��� �_.._ /lam• V 4(16e�� (Signatu _----I (Printed Name) -7/% � �c� lw�C r� ,ram_ /�✓� (Address) (City) (State) (Zip Code) City of Renton Planning & Development Committee 1 055 S Grady Way Renton, WA 98055 Date: RE: Kennydale Creek Re -Classification 1v--D L� it; 77, v 10 ti Ow-- a o /� �q.5 S t/ �� : 5 �, ,r► o 4'.0 r- a (Signature) (Printed Name) (Address) (City) (State) (Zip Code) City of Renton Attn: Planning & Development Committee 1055 S Grady Way Renton, WA 98055 December , 2005 Dear Planning & Development Committee: have lived in the Kennydale area for ID 3 years and I would like to bring to the attention of the Planning and Development Committee my personal knowledge that Kennydale Creek is a natural year-round stream. As such, it should be protected by all the laws and regulations pertaining to nearby development. It is not a drainage ditch, and so does not meet the criteria for a Class 5 designation Thank You, g� 0 /--I� / -7 P- �� Dan Clawson, Chairman Planning and Development Committee Renton City Council 1055 S Grady Way Renton, WA 98055 December 14, 2005 RE. Reclassification of Kennydale Creek, vicinity of NE 20" St Dear Chairman Clawson: I understand that the Citv's July 290', 2005 decision not to reclassify the upper reaches of Kennydale creek was reversed as the result of information provided by the applicant, Terry Dutro via his August 12, 2005 letter. I would like to take this opportunity to rebut Mr. Dutro's information: • The 1946 aerial photograph, in my opinion, shows the general outline of the existing stream, which seems to contradict the information by Mr. Dutro that the "ditch" was dug in 1958. An available 1936 aerial photograph also appears to show a watercourse at the existing location. • The present owner of the Kennydale Blueberry Farm is at least the sixth owner since 1975. It is unlikely that he would have an accurate, unbiased knowledge of the farm's history 50-years ago. • It. is extremely unlikely that the US Army Corps of Engineers would be involved in draining a 3.5- acre parcel of land in Kennydale. The USACF typically is involved in very much larger projects. • The existing stream through the applicant's property is located on what were, from 1904 to 1988, the property boundaries between original lots 293 and 284. In 1988 the stream was designated a "creek" on the short plat signed by both Charles A. Pohl , the property owner, and Richard C. Houghton, City of Renton, Director of Public Works. • It is likely that the original meandering watercourse across these properties was relocated to the boundary line in order that each owner could more fully utilize his property for the agricultural use in effect at the time_ I have limited this letter to issues raised in Mr. Dutro's ALIgust 12 letter however I also believe that the information furnished in his May 17, 2005 letter regarding a drainage ditch easement is also erroneous. Thank you for the opportunity, to provide my considered opinion of the "creation", of this portion of Kennydale Creek. Sincerely, William E. O'Connor 10402 151" Ave SE Renton WA 98059 Dan Clawson, Chairman Planning and Development Committee Renton City Council 1055 S Grady Way Renton, WA 98055 December 14, 2005 RE: Reclassification of Kennydale Creek, Vicinity of NE 20th St. I reviewed the letter submitted by the applicant Terry Dutro dated August 12, 2005 that resulted in a reversal of a decision not to reclassify the Kennydale Creek. In reviewing this document I would like to note the following inconsistencies: 1. Since 1975 there have been six different recorded owners of the Blueberry Farm (according to information contained in the King County Recorder's records). Which previous owner had knowledge of the US Army Corps of Engineers digging a drainage ditch? I have searched the Internet, the Renton Public Library, called the US Army Corps of Engineers on ist Avenue and I have been unable to find any information that this entity did any work in the Renton Highlands, and in particular the Kennydale Area in the vicinity of NE 20th St or Jones Ave NE. 2. Aerial photos from 1936, 1946 and 1960 show numerous creeks throughout the natural drainage basin in the NE 20th St and Jones Ave NE vicinities. The applicant did not provide any compelling evidence to show that a natural watercourse did not exist. His letter depends entirely on hearsay without scientific documentation. 3. The City's own consultant, The Watershed Company notes that the information submitted by the applicant does not meet the criteria for downgrading the creek to a class 5 designation. It is my hope that the Committee views this reclassification request as an opportunity to classify this perennial creek to a Class 3 with appropriate buffers, and setbacks. Sincerely yours, Barbara P. Hicks 1835 NE 20th Street Renton, WA 98056 C (,), u3S% 1 l!1 LyV^ YY� �(C� I � nV��nJ � e j r (o p m en-� ccwM,4e--,c-�.. yy� p C), Y--� i L�l cfr dc�c�'e55; l _3 5 N(5 Zc OtaAQ--) f 1��LeYnte-v- k 1 zC-) J � Yes' o n-' c �. v- +�ca ?`i � p u � �+ "� C� (.l Y� S u � �ra Y) t'� a ��� a L v� •tc� "�' G,.� a �~� o r� ec4,jam C -euelo L t\ACC. On Nfs Z(-'-) ST- S(-nCe--} 5����' ��rme.� E;f, tl{ �t�S �tet_o���id"r�,�c�c-� �JY ���iV' •� evq nC�aIe-, CACE 2_�� t� nth OI.� CJ �"�oc�, n vy\ �£C' CClY)�rO l l" e��lCVte L'L c -d e'r UA t' 1 k ' , (L-) A i V- if' a j N1 A 'e— V, V 1 .S {M s s 5- C) e 6 n A41 0' n C),�, 4 L C\V 1i �--o l d i 7 1� C� ' i� E` v, t D Vl /S �i r t ( c a-( A E c� J C Y -Ai V-C C�4 C - � a-t- (n i S k� �_ l vYt El m 1 �+ i kVA m e d A+e. i L A�t Y) -It-I J J 'C'� a 6 0 VA 'fVkb'VA- U-) C", Z (�' J IT CN \tom! - f. e `� y y �\ 4J " � `--,) l --Cv c\. n � J} C� 9 C-t S L ol/l C'L° �1 CC,� i t 't "� }� i S C' 41 c'� y l ' j� Y AFFIDAVIT I have lived near the property at #173 NE 20th Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for ears. I am familiar with the waterway known as Kennydale Creek which crosses NE 0`h Street north of the Blueberry Farm. I declare under penalty of perjury ender the laws of the -state of Washington that the foregoing is true and correct. Signed at /-�i �-at _ &/- , Washington on 7— 0 (City and State) (Date) 7 .6 M. IN 1.9 Type or Print Name Address I-2 ' VV'4 04a 4.c S 1,Le �Z � AFFIDAVIT I have lived near the property at # 7333 NE v0th Street, Renton, Washington, .also known as the Kennydale Blueberry Farm, for ears. I am familiar with the waterway known as Kennydale Creek which crosses NE 201h Street north of the Blueberry Farm. �Vo k'v4^' b I declare under penalty of perjury under the laws of the,state of Washington that the foregoing is true and correct. Signed atVJagjnL�I ILTAlashington on l (9J b d {City and State} (Date) Signature � Ty—pe or Print Name Alf — �' ��. Vol AFFIDAVIT I have lived near the property at V NE 201h Street, Renton, Washington, .also known as the Kennydale Blueberry Farm, for years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20'4 Street north of the Blueberry Farm. euw �r��rrr I declare under penalty of perjury under the laws of the,state of Washington that the foregoing is true and correct_ Q Signed at Washington on %U Ci an e) (Date) Si atur TYpe or Print Name -� T AFFIDAVIT I have lived near the property at #1733 NE 201h Street, Renton, Washington, .also known as the Kennydale Blueberry Farm, for 2-0 years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20'h Street north of the Blueberry Farm. QW- I declare under penalty of perjury under the laws of the.state of Washington that the foregoing is true and correct. A Signed atiri/�'�/� , Washington on zu (City and State) (Date) ignature Type or Print Name Address AFFIDAVIT I have lived near the property at #1733 NE 2dh Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for '_years. I am familiar with the waterway known as Ken nydale Creek which crosses NE 20tr' Street north of the Blueberry Farm. 7-1 .1P I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correc Signed at , Washington on (City ani State) (Date) Address !Z77- -'; 4 2 6 AFFIDAVIT I have lived near the property at #1733 NE 201" Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20'" Street north of the Blueberry Farm. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at (Gity and State) (Date) srgfiature Type or Print Name 26o / due Address (,JO s AFFIDAVIT I have lived near the property at #1733 NE 20th Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20'h Street north of the Blueberry Farm. r 6 I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and Corr C� Signed at �' �U�- �'� �� ,Washington on _ (City and State) ( (Date) i rt re T e or Pr t Name AFFIDAVIT I have lived near the property at #1 733 NE 201h Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for years. I am familiar with the waterway known as Kennydale Creek which crosses NE 201h Street north of the Blueberry Farm. 19 I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at A-)14 . —,Washington on (City and State) (Date) Signature Type or Print Name Address l y fl � IF / � ��']` �j % � q ,.? ��y �� AFFIDAVIT I have lived near the property atA7P NE 20"' Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20'h Street north of the Blueberry Farm. �Z E AI r-tG CT- (5 v .fi t GI Jkkl I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at f (City and State) Signat// — -- !O K'-/ Type or Print Name U! 3�)- sJ AQ K Address a AFFIDAVIT I have lived near the property at #1733 NE 20"' Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for 26 Years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20"' Street north of the Blueberry Farm. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. y Signed at Washington on (City and S te) (hate) ' Signature Type or Print Name �i? �oOe '� .� e- /U Addres /7 % � � AFFIDAVIT I have lived near the property at #1733 NE 20th Street, Renton, Washington, .also known as the Kennydale Blueberry Farm, for 42 ears. I am familiar with the waterway known as Kennydale Creek which crosses NE 2dh Street north of the Blueberry Farm. I declare under penalty of perjury under the laws of the.state of Washington that the foregoing is true and correct. Signed at l�rt1 0�^ Washington on p 7 o (City and State) (Date) Signature _ f ke-JsavL- Type or Print Name / F,-'� c7 I) E d -? -r s` Address r V . 0 i� 0 V-c z' s AFFIDAVIT I have lived near the property at #1733 NE 0th Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for vears. I am familiar with the waterway known as Kennydale Creek which crosses NE 20`h Street north of the Blueberry Farm. 62c:'=,-�-.�� L�c.� car •� I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at 1�►� _ Washington on (City and State) (Date) Sig tare Type or Print Narhej Address AFFIDAVIT l have lived near the property at #1733 NE 20#' Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for � years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20`h Street north of the Blueberry Farm. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.,., Signed at _ �_ �<� - _, Washington on (City and State) (Date) Sign�atture ) i Cti" I !i , Type or Print Name , Address 7.} AFFIDAVIT I have lived near the property at #1733 NE 201" Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for 41-2Years. I am familiar with the waterway known as Kennyd1a-le Creek which crosses NE 20'' Street north of the Blueberry Farm. r iy-� a uer— ep" C6 c3�0 car i L� e-e v� 4 r r 5 o n� I /� �. rvrc4VY ZS L? Y'^'' D r1ar� tooIrt�f-ter try �l! .(ILre ry I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct, q Signed at YA _ Washington on / 1 -C;' (City and State) (Date) Signateire �01vaL& 1 k Type or Print Name Addr s AFFIDAVIT I have lived near the property at #1733 NE 20t' Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for _years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20'h Street north of the Blueberry Farm. cA V) IA- QN s� h �1 declare under penalty of perjuryunder the laws o he -state ton that the foregoing is true and cor 71,�2��- Signed at1 Washingtonon (City and State) (Date) Sig Type or Print Name va--- Ad:�\� `�� AFFIDAVIT have lived near the property at #1733 NE 20'" Street, Renton, Washington, .also known as the Kennydale Blueberry Farm, for sra years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20'h Street north of the Blueberry Farm. 5 s �' Gu6u �Q/.v %•�l es I declare under penalty of perjury under the laws of the -state of Washington that the foregoing is true and carrec Signed at '0� / Washington on (City and State) Address AFFIDAVIT I have lived near the property at 1733 NE 201h Street, Renton, Washington, also known as the Kennydale Blueberry Farm for approximately 18 years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20th Street north of the Blueberry Farm. Between raising either dogs or a child (or both) the last 18 years, I have walked past this creek on NE 20`h Street at least daily. There is always flowing water there that my dog(s) would immediately jtrrnp into. As my son got older, he would throw twigs and leaves into it to watch them float down to the culvert. This was not dependent on the season; there is always water in the creek/ditch. Even during this, the driest summer in recent history, there is water in the creek. Based upon the maps open for public viewing in the Public Works Department on the 6tn floor of City Hall, the City has designated the Blueberry Farm as a wetland. As a long time resident I am at a loss as to why the City has suddenly decided it is not and I am vehemently opposed to it. This is a unique treasure within the City that should be preserved I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signed at Renton, Washington on September 18, 2006. 1 4 Signature &�A "/,/ :YL2� k Type or Print Name 1qo) &�E. 4- Address AFFIDAVIT I have lived near the property at #1733 NE 2e Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for ears. I am familiar with the waterway known as Kennydale Creek which cros PS NE 20' treat north of the Blueberry Farm. Lj• r T7/ � ` I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correc Signed at Washington on ram_ % � �� (City and State) M c I..- s z 72- AFFIDAVIT I have lived near the property at #1133 E 24'h Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for .5 ears. I am familiar with the waterway known as Kennydale Creek which crosses N 24'" Street north of the Blueberry Farm. Al�Zze t! -Z I declare uncle penalty of perjury under the laws of the state of Washington that the foregoing is true and correct r _ _1 Signed at 1 _ �'i , Washington on% 1 ( ad State) (Date) r Signature f c Type or Print me Address/ , /J 2�L /// AFFIDAVIT %ave Iived near the property at #1733 i�E 209' Street, Renton, Washington, also known as the Kennydaie Blueberry Farm, for ears. I am familiar with the waterway known as Kennydale Creek which crosses E 20'h Street north of the Blueberry Farm. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at e , Washington on — (City an tate} (Date) Sie Type or Print Name � zz Address AFFIDAVIT I have lived near the property at #1733 NE 20t' Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for �years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20'" Street north of the Blueberry Farm. I declare under penalt of perjury under the laws of the state of Washington that the foregoing is true and correct.1 Signed at a Washington one (City and e) (Date) Signature E2 Z- Tvoe or Print Name Address �e-v zGcJ % ? AFFIDAVIT I have lived near the property at #1733 NE 20t' Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for 3 � _years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20�h Street north of the Blueberry Farm. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at,,ti 1 '� ,,a Washington on S � I . t -od (City and State) --r'(Date) Signature Type or Print Nam Address AFFIDAVIT have lived near the property at #1733 NE th S eet, o Oh#l'o Iso kn the Kennydale Blueberry Farm, for a . lam m erway sown as Kennydale Creek which crosses Nff 2e Street north of the Blueberry Farm. 1 declare under penalty of perjury under the laws of the -state of Washington that the foregoing is true and correct. Signed at �� %� _ 1 _ ,Washington on C7 ! p (City and State) ( te) �-j^ ►r y t Signature Type or Print Name Address AFFIDAVIT I have lived near the property at #1733 NE 201h Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for 15=7, years. I am familiar with the waterway known as Kennydale Creek which crosses NE 20t' Street north of the Blueberry Farm. I declare under penalty of perjury under the laws of the,state of Washington that the foregoing is true and correct. Signed at ��Ei'l/I4 !� Washington on (City and State) (Date) A,, A Signatur F'D lGS'dT Type or Print Name Address AFFIDAVIT have lived near the property at #1733 NE 2e Street, Renton, Washington, also known as the Kennydale Blueberry Farm, for 67 ears. I am familiar with the waterway known as Kennydale Creek which crosses/}NEE 201h Street north of the Blueberry Farm. ^� J Y 1 declare under nal of perjury under the laws of the,state of Washington that the fore j'oin is Y p J rY 9 true and correct. ,L / Signed at r �' _ , Washington on / d (City and State) (Date) Signature -J-,f s Type or Print Name / f f4�- 2� Address �" 26 en CITY OF RENTON Hearing Examiner 1055 South Grady Way - Renton WA 95057 ® rn;spaper coMaVnsM%regKAedpaper, 30°r 7'0 w, 9/17/2006 1:01:33 PM emij"r IDA WIN AM rj k 9/17/2006 1:02:12 PM L W14 .4 WMZ6, p 8 �fo(vfr to 6 !ems•. ay 4t-; r� • �� ' K � �. i•� � r r � � 1 Al ol lfl G tm(prr 10 6 - _�: � ��•-fix _ _ - �+����.'�' - • - -„ems• ' ''�.!�' 9/ 17/2006 12 :59:42 PM jai - • :� � •;►: ice`.:-� +�� ;ter R';i[i•, (OP if 0 wilpf'r 1ot : y.' .ta � ' •' :oiy�-rah. .SS6Y °`..a_. �.. ''1^"iif f1E `T� ,� Oki lfl For emmr to F .A4 :yy•" ytIr w ..r w i AI- r. F r / 4 to 4 .. 10 r • ,�. _s 4' Is ,sue 1p .° g� to I ft 10i 719J2006 12:27:46 PM i�` ELF I o V,,. 7/912006 12:38:43 PM ,�r• = --f }r i fy IOG 1, 6f 10 M WAS 7/0/2006 I) 37 00 DNA 10 -46 f* to A to D My Album _ .� `�' �_ � � «.mow . rr�l'yf f � s L 1;'�y '! � , . n �i �'r� �R�� :�r� ` ��-- t'; �. _�. iq � ' _ � .er j � �'`�M.LL r = + � . _ s' ' r �...r". lk, qP4 F, 4 #41 7'6 of IOL Q March 21, 2005 Monday, 7:30 p.m. RENTON CITY COUNCIL Regular Meeting MINUTES ey M Council Chambers Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERS, Council President; MARCIE PALMER; DON PERSSON; COUNCILMEMBERS TONI NELSON; DAN CLAW SON; DENIS LAW. MOVED BY BRIERS, SECONDED BY LAW, COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; LAWRENCEJ. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGGZIMMERMAN, Planning/Building/Public Works Administrator; RYAN ZULAUF, Airport Manager, SANDRA MEYER, Transportation Systems Director; ALE)C PIETSCH, Economic Development Administrator; REBECCA LIND, Planner Manager, JUDO TERRY JURADO, Municipal Court; JOE MCGUIRE, Municipal Court Services Director; DEREK TODD, Assistant to the CAO; COMMANDER FLOYD ELDRIDGE, Police Department. SPECIAL John Sibold, Director of Aviation with the Washington State Department of PRESENTATIONS Transportation presented the City with the 2004 "Aviation Star of the Year" Airport: Compatible Land Use award for its Airport Compatible Land Use Program Mr. Sibold read a letter Program, WSDOT Aviation from the Secretary of Transportation, Douglas B. MacDonald, thanking the City Star of the Year Award for its effort to protect the Airport for future generations. Noting the increasing development pressures around airports, Secretary McDonald indicated that it takes vision and courage to protect airports as essential public facilities. The letter concluded by applauding the City for implementing a comprehensive plan that recognizes the value of the Renton Airport to the State and local economies, and thanking the Planning Commission, Council, City staff and citimns for their efforts in developing the program. Councilman Persson and Mayor Keoiker-Wheeler expressed their appreciation to City staff members Ryan Zuiauf, Sandra Meyer, and E zabeth Higgins, and to Councilmember Palmer for all their hard work on the program. Municipal Court: 2004 Annual Municipal Court Services Director Joe McGuire and Municipal Court Judge Report Terry Jurado presented the 2004 annual report of the Renton Municipal Court. Mr. McGuire reported on the Washington State Supreme Courts ruling regarding the driving while license suspended statute, and on the resulting negative effect of this decision on the Municipal Court's revenue. He noted that legislation has been introduced to address this matter, and if passed, the changes 6f felt in the criminal justice system as a result of the ruling will be reversed by the end of 2005. Mr. McGuire noted some personnel changes, which included the elimination of Judicial Specialist position, the reclassification of a Judicial Specialist to a Judicial Specialist/Trainer, and the addition of a Probation Clerk position. He reviewed lite the court's revenues and expenditures for 2004, noting the revenue shortfall of $122,500 and the expenditure savings of $82,828. Mr. McGuire emphasized that March 21, 2005 Renton City Council Minutes Page 92 the court uses its resources in the best way possible, and continues to find ways to be more efficient. Continuing, Judge Jurado reported that another factor negatively affecting court revenues is a decision of the Washington State Judicial Ethics Advisory Committee regarding the collection of costs as a result of agreements with defendants. Due to the decision that the costs collection is unlawful, he noted that the agreements are no longer possible. Judge Jurado also reviewed the teas ons for his fording that a portion of Renton's criminal trespass ordinance is unconstitutional. Responding to Mayor Keolker-Wheeler's inquiries, Judge Jurado described the traffic infraction calendar process, and explained the reasons why domestic violence cases are dismissed. PUBLIC HEARING This being the date set and proper notices having been posted and published in Planning: Critical Areas accordance with local and State laws, Mayor Keolker-Wheeler opened the Ordinance public hearing to consider Renton's Best Available Science critical areas regulations and Shoreline Master Program Growth Management Act integration proposal. Lisa Gtreter, consultant with Jones & Stokes Associates, stated that the purpose of the proposal is to meet Growth Management Act (GMA) and Shoreline Management Act (SMA) mandates, as well as Renton's Comprehensive Plan and goals for critical area protection, taking into consideration Renton's urban and environmental context. She noted that the City's protection of critical areas is narkifaceted, and includes City ownership of some sensitive lands, regional collaboration with other jurisdictions, capital improvement programming, and critical area regulations. Ms. Grueter reviewed the City's current regulations, and listed the steps that have been taken so far in the development of the proposal In regard to the State requirements, Ms. Gveter explained that the GMA requires protection of the following critical areas: wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. CMA also requires the use of Best Available Science (BAS) in City policies and regulations, which is defined as the use of information generated from a valid scientific process. The SMA requires that the Shoreline Management Program (SMP) be a part of the Comprehensive Plan, and that the City provide equivalent protection for shorelines of the State. She pointed out that the City must be able to demonstrate how BAS has been included in its plans and regulations. Ms. Gueter then reviewed the four main components of the City's proposal, 1. BAS Review. Ms. Gueter relayed that consultants conducted BAS literature reviews for both streams and wetlands. Additionally, an example code comparison was conducted on aquifer recharge, flood hazards, geologic hamrds, and procedures. 2. Policy Amendments. Ms. Crueter noted the movement of the SMP policies to the Comprehensive Plan land use and environment elements. She also noted the addition of two shoreline topics, and the restructuring of the shoreline use priority policies. Ms. Crueter indicated that the environment March 21, 2Q45 Renton City Council Minutes Page 93 element is the City's main focus, with its rivers and stream policies and floodplain policies. 3. SMP Map Amendments. Ms. Gueter explained that the amendments address the map and text inconsistencies on the Black River, address the unclassified areas on the Cedar River, and clarify interpretation of aquatic environments. 4. Regulation Amendments. in regard to streams, Ms. t rueter stated that a stream classification system, stream buffers, and stream mitigation standards are proposed with the following principles: no net loss of stream function; inner and outer buffers (standard un-enhanced buffers and reduced buffers with enhancements); and standard and flexiW review processes. She then reviewed the class system for water types as follows: Class 1 - Shorelines of the State (Salmon id Bearing) - Lake Washington, May Creek, Cedar River, Black River, Springb rook Creek. Class 2 - Salmonid Bearing Stream - Examples are portions of Honey Creek, Maplewood Creek, and Panther Creek. Class 3 - Year Round, Non-Salmonid Bearing - Examples are Kennydale Creek, and Rolling Hills Creek. Class 4 - Intermittent, Non-Sahnonid Bearing - Examples are portions of Maplewood Creek and Gypsy Creek. Class 5 - Artificial, Non-Salmonid Bearing - Where no natural channel existed before. For the critical areas regulations, Ms. Gueter illustrated the processes for the different regulations and stream types using flow charts. She pointed out that Class 1 is different because it is in the SMP, and therefore administrated differently since it is a shared responsibility with the State. There are no shoreline exemptions in Class 1; some are exempt from a permit but none are exempt from the requirements. Additionally, Ms. Crueter used examples of already developed sites to further illustrate the processes. Continuing with the regulation amendments, Ms. Gueter explained that for the wetlands approach, the regulations retain the current wetland class system; retain standard buffers, but require that all proposals review whether criteria are met for increased buffers; and modify some exemptions to reduce potential for cumulative impacts. She reported that consultant Parametrncwho conducted the initial BAS review, also assessed the characteristics of 17 representative wetlands in Renton and its Potential Annexation Area, and compared the City's and the Department of Ecology's differing methods of classifying wetlands and establishing buffers to protect existing functions and values. Ms. Crueter stated that the consultant determined that the City's classification system - together with its buffer requirements, its process to determine whether there is criteria that shows when a wider than standard buffer is appropriate, and its other code requirements - is sufficient to protect functions and values of wetlands in the City. She noted that minor regulation amendments are also March 21, 2005 Renton City Council Minutes Page 94 proposed for the other critical areas. Moving on, Ms. Gueter stated that comments were received over time from State agencies, interest groups, and property owners. Responses to the comments included pointing out the flembrility of the regulations, or recommending additional supplemental amendments. She noted that the responses and supplemental recommendations concerned: existing and new development and stream and lakes, criteria for Class 1 water buffer reduction, wetland exemption, wetland buffers, wildlife habitat, and other housekeeping and clarification changes. In conclusion, Ms. Gueter reported that the next steps are for the Planning and Development Committee to consider the comments from the public hearing, and then present its reconanendations to the full Council in April. She pointed out that the State needs to approve the shoreline amendments; therefore, they will not immediately go into effect. AlexPietsch, Economic Development Administrator, said 1) the City is responding to the State's requitement to update the critical areas regulations, and 2) the City has taken an approach to balance the goals of protecting the shorelines and wetlands with the Growth Management Act, as development in urban areas needs to continue. Public convnent was invited. Correspondence was read from John Mauro, Livable Communities Coalition Director, 1617 Boylston Ave., Suite 201, Seattle, 9812Z suggesting five major improvements to the critical areas ordinance update conceming strengthening wetland protection, strengthening stream and riparian area protection, improving fish and wildlife habitat conservation areas protection, imposing substantive penalties for violations, and incorporating the "precautionary principle" that states that conservation planning should err on the side of protecting too much rather than protecting too little. Jerry Brennan, 3405 lake Washington Blvd. N., Renton, 98056, stated that he is one of many affected by the proposed change in buffers from 25 to 100 feet, and noted that BAS has changed over the approximately five years in which he has been trying to install a dock He asked that Council not conduct second and final reading of the ordinance earlier than April I lth to allow him time to complete his project. Chuck Pillon, 15753 SE Renton -Issaquah Rd., Renton, 98059, stated that he is a 24-year veteran of law enforcement and has studied the public safety issues affected by BAS. He indicated that large woody debris in rivers and stream is supported by BAS, and he expressed concerns regarding the potential hazards of these debris installations to swimrnera, and the potential risks to governmental entities. Mr. Pillon suggested that caution be used when applying BAS, especially when it affects public safety. Becky Stanley, Conservation Chair for the Cascade Chapter of the Sienna Club, 4108 48th Ave. S., Seattle, 98118, stated that Renton's critical areas ordinance does not adequately protect water quality, and she expressed concerns about the following: 1) the e2emption from protection of all wetlands less than 2,200 square feet, 2) the protection of only three categories of habitat for fish and other wildlife, and 3) the stream and wetland buffers are not defensible as BAS. March 21, 2005 Renton City Council Minutes Page 95 David Halinen, 10500 NE 8th St., Suite 1900, Bellevue, 98004, expressed his opposition to the proposed changes to eliminate the Class 2 wetland exemption and to reduce the Class 3 wetland exemption. He indicated that conceptually, the smaller wetlands have a relatively de minimis effect on the environment, and the current =mptions were carefully considered and balanced with property rights issues. If the changes are made as recommended, Mr. Halinen suggested that at a minimum, a 1,000 foot exemption for Class 2 wetlands be allowed. Jim Bonwell, %16 146th Ave. SE, Renton, 98055, stated that his property contains a Class 1 stream and salmon, and a wetland is located to the east of his property. He expressed concerns regarding the way property is developed, and described the effect a nearby horse fame has on a wetland located downstream from it. Mr. Bonwell pointed out that people must pay attention to how their property maintenance and development practices affect the water quality, habitat, and vegetation on his and other properties. In response to Councilman Clawson's inquiry regarding large woody debris, Andy Kindig, consultant with A.C. Kindig & Co., stated that the placement of woody debris usually has to do with a restoration project, which is not within the confines of the critical areas ordinance. Mr. Clawson indicated that characterizing the critical areas ordinance as an endangerment to children who swim is unreasonable. Councilman Persson stated that if someone is already in the process of obtaining a pemrit, the old rules still apply. City Attorney Larry Warren said that is generally true; however, depending on whether the development regulations or the environmental regulations are involved, an exception could be raised. There being no further public comment, it was MOVED BYCLAWSON, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. APPEAL Planning and Development Committee Chair Clawson presented a report Appeal: Sunset Bluff regarding the appeals filed by SR 900 LLC and Herons Forever on the Sunset Preliminary Plat, SR 900 LLC Bluff Preliminary Plat (PP-04-002). The Committee heard this appeal on & Herons Forever, PP-04-002 311712005. After reviewing the record, the written presentations by both parties, and having heard oral argument, the Committee found that there were no substantial errors in fact or law and recommended that the full Council affirm the Hearing Exuminer's decision with the following clarifications: 1. The Hearing Examiner at conclusion #9 on page 22 of his report and recorrrrrendation urged the City Council to deny the plat because it does not take advantage of the natural amenities of the site in a suitable fashion and does not do nearly enough to attempt to protect the nearby Heron colony from the proposed plat development impacts. However, the Hearing Examiner in his recommendation suggests that if the Council approves the plat, certain conditions should be applied. The plat should be approved according to the conditions set forth in the Hearing Examiner's report and recommendation as set forth in conditions 1-15 on pages 22 and 23. 2. There is some confusion about the fencing. Fencing is recommended in item 9 of the conditions to the Hearing Examiner's recommendation and again in item 12 of the Hearing Examiner's conditions. These two conditions can be satisfied by two fences, one separating the residences from the drainage March 21, 2005 Renton City Council Minutes Page 96 pond, and a second fence at the toe of the slope at the property fine between the subject property generally to the south. 3. Recommendation #4 on page 2 of the Hearing Examinees report should be amended to read: "The applicant shall hydroseed any open space with native forbs, shrubs, wildflowers, trees, and shrubs. This will help reduce the temporal impact of the clearing, by planting materials that already have some size to them. This will also introduce trees back into the niN which are necessary for adequate buffering. Trees in the mixshould also help stabilise the steep, regraded slope. The plantings should be monkoted for a minimum of five to ten years to ensure that they are established. Plants that do not survive should be replanted. The plant mixshould contain a mixof both deciduous trees (for heron nest materials) and coniferous (for screening)." MOVED BY CLA WSON, SECONDED BYLAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report suninari&g the City' s recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Item noted included: .es,efThe public is invited to learn about Renton's pubfiely-funded entities during a State of the Community event beginning at 6-00 pm on March 29th, at the Renton IKEA Performing Arts Center. This free event will showcase the City of Renton, Renton Technical College, Renton School District, and Valley Medical Center. One representative from each entity will present plans for 2005 and beyond, explain their funding sources, detail a few challenges, and recount some accomplishments. &s.efl'he Renton Cornmunhy Resource Telephone Directory is now available in Cambodian, Chinese, English, Korean, Laotian, Punjabi, Russian, Somali, Spanish, Tagalog, and Vietnamese. AUDIENCE COMMENT Shirley Andrews, 9606 143rd Ave. SE, Renton, 98055; Thomas Foster, 6450 Citizen Continent: Various - R- Southcenter Blvd., # 106, ,Seattle, 98188; Jean Rollins, 9605 143rd Ave. SE, 1 Zone Cornntunity Separators Renton, 98059; Andrew DufTus, 9605 143rd Ave. SE, Renton, 98059; and Debra Rogers, 5326 NE 22nd Ct., Renton, 98059; expressed appreciation for the City's work on the R 1 zone community separators, and urged Council to advance the subject ordinance to second and final reading this evening. Citizen Comment: Baker - Lenny Baker, 20224 81st Ave. W., Edmonds, 98026, submitted a letter to the Gene Coulon Park Hydroplane Council and said he represents Seattle Drag & Ski Sprint Boat Association, a Race not -for profit organization, which will hold a limited hydroplane race at Gene Coulon Memorial Beach Park on April 30th and May Ist. Mr. Baker indicated that there is lot of public interest in this event, and he described how Renton will economically benefit from the race. Mr. Baker also reviewed how the association organizes the event, and the measures that are taken to protect the racers and spectators, both in the water and on land. Citizen Comment: Krom - Suzanne Krotn, President of Herons Forever, PO Box 16155, Seattle, 98116, Sunset Bluff Preliminary Plat thanked Council for its decision on the Sunset Bluff Preliminary Plat appeal. Appeal, SR 900 LLC & Herons Forever, PP-04-002 March 21, 2005 Renton City Council Minutes Page 97 RECESS MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL✓ RECESS FOR FIVE MINUTES. CARRIED. Time: 9:14 p.m. The meeting reconvened at 921 p.m.; roll was called; all Councihnembers present except Corman, previously escused, and Clawson. Councilman Clawson arrived at 9:23 p.m. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of March 14, 2005. Council concur. March 14, 2005 Appeal: Ridgeview Court City Cleric reported appeal of Hearing Examiner's recommendation on the Preliminary Plat, Cliff Williams, Ridgeview Court Preliminary Plat (PP-04-131); appeal filed by Sean K. Howe, PP-04-131 524 2nd Ave., Suite 500, Seattle, 98104, representing Cliff Williams of Ridgeview Court, LLC on 3/7/2005, accompanied by required fee. Refer to Planning and Development Committee. Vacation: Walkway, NW 6th City Clerk submitted petition for vacation of portion of unimproved road St & Rainier Ave N, VAC-05- (walkway) between NW 6th St. and Rainier Ave. N.; petitioner Jack D. 002 Alhadeff, 95 S. Tobin St., #201, Renton, 98055 (VAC-05-002). Refer to Plannin ildtgjPublic Works Administrator; set public hearing on 4/18/2005 to consider the petition. (See page 99 for resolution setting public hearing) Community Services: Henry Community Services Department recommended approval of an ordinance setting Moses Aquatic Center Fees new fees and increasing fees at the Henry Moses Aquatic Center. Council concur. (See page 100 for ordinance.) Community Services: Heather Community Services Department recommended approval of a contract in the Downs Park Development amount of $167,148 with J_A. Brennan Associates, PLLC for Heather Downs Architectural Services, JA Park development architectural design services. Council concur. Brennan Associates Lease: Eoscene, 200 Mill Community Services Department recommended approval of an amendment to Building (4th & 6th Floors), the lease with Eoscene Corporation (IAG-02-003) for space of the 4th and 6th LAG-02-003 floor of the 200 Mill Building for additional space and a lease term extension through 6/30/2010. Refer to Finance Comtittee. Plat: Laurelhurst Phase 1, Development Services Division recommended approval, with conditions, of the Duvall Ave NE, FP-04-160 Laurelhurst Phase I Final Plat; 69 single-family lots on 15.7 acres located on the west side of Duvall Ave. NEat NE 2nd St. (FP-04-160). Council concur. (See page 99 for resolution.) Planning: 2004 Countywide Economic Development, Neighborhoods and Strategic Planning Department Planning Policies Amendments recorntiended adoption of a resolution ratifying the 2004 amendments to the Growth Management Planning Councils Countywide Planning Policies. Council concur. (See page 99 for resolution.) Annexation: Maplewood Economc Development, Neighborhoods and Strategic Planning Department Addition, Maple Valley Hwy submitted 601/o Notice of Intent to annex petition for the proposed Maplewood Addition Annexation, and recommended a public hearing be set on 4/4/2005 to considerthe petition and R 8 zoning; 60.5 acres bounded by Maple Valley Hwy. and the Cedar River_ Council concur. Plat: Barbee Mill, Lake Hearing Examiner recommended approval, with conditions, of the Barbee Mill March 21, 2005 Renton City Council Minutes Page 98 Washington Blvd N, PP-02-040 Preliminary Plat; 115-lot subdivision on 23 acres intended fortownhouse units located at 4201 Lake Washington Blvd. N. (PP-02-040). Council concur. Solid Waste: Gage Legal Division recornmended approval of revisions to the garbage ordinance to Ordinance Revisions clarify and add definitions, to make garbage collection mandatory with certain limited emeptions, to add and clarify violations, and to criminalize violations. Refer to Utilities Committee. MOVED BYBRIERE, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE City Attorney Warren advised that the following letters regarding the appeal of Citizen Comment: Chamberlin the Ridgeview Court Preliminary Plat (PP-04-131) may contain information that & Halinen - Ridgeview Court is outside the record that was before the Heating Examiner. 'Ibe Preliminary Plat Appeal, Cliff correspondence may be referred; however, it may or may not be able to be Williams, PP-04-131 considered when it comes before the Planning and Development Committee and the full Council. Letters were entered from Kevin Chamberlin, Highlands Post Office Station Manager, 17200 116th Ave. SF, Renton, 98059, and from David L Halinen, Halinen Law Offices, P.S., 10500 NE 8th St., Suite 1900, Bellevue, 98004. With the understanding that the Planning and Development Committee may or may not be able to consider them, it was MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL REFER THE TWO ITEMS OF CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. UNFINISHED BUSINESS Transportation (Aviation) Coturnittee Chair Palmer presented a report Transportation (Aviation) recommnding concurrence in the staffrecomnnendation to approve amending Committee City Code 9-10-11, Trench Restoration and Street Overlay Requirements and Development Services: Trench standard details. The amendments will establish guidelines for the restoration of Restoration & Street Overlay City streets disturbed by installation of utilities and other construction activities, Requirements and will apply to any public or private utilities, general contractors, or others permitted to work in the public rights -of -way. The Committee further recorr>rnended that the ordinance regarding this matter be presented for fast reading. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 100 for ordinance.) Transportation: SR 169 Transportation (Aviation) Committee Chair Palmer presented a report Corridor Improvements, recommending concurrence in the staff recommendation to approve a resolution Supporting Legislative Funding for the purpose of supporting the SR 169lmprovement Consortium's efforts to obtain State legislative funding as part of the SR 169 Corridor improvements in the amount of $4 million to be completed as funding becomes available. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (Seepage 100 for resolution.) Streets: Sunset Blvd N, NE Transportation (Aviation) Committee Chair Palmer presented a report Sunset Blvd & Houser Way recommending concurrence in the staff recommendation for the temporary lane Tunnel Temporary Closures closures of Sunset Blvd. N. and NE Sunset Blvd. and the temporary full closure of the Houser Way Tunnel and Sunset Blvd. NE. The Committee further Match 21.2005 Renton Citv Council Minutes Paee 99 recommended that: 7? "Notice of Traffic Revision/Construction" signs be erected at key intersections at least two weeks prior to construction to give motorists advanced notice of potential delays and alternate routes. ?? Modify traffic signal timing to minimize traffic delays. ?? Work with the Renton Police Department to provide increased patrol car visibility surrounding the construction area and along its posted detour routes. ?? Inform the public of the closures and detour routes through mail flyers, conur>unity meetings and events, and local news media. `?? Coordinate closures with affected businesses such as PACCAR and the Renton School District. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption.* Councilwoman Palmer stated that the closures are for infiastructure improvements for the Highlands area, and information about the closures is being dispersed throughout the community. * MOVED BY PA LMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 100 for resolution.) Utilities Committee Utilities Committee Vice Chair Clawson presented a report regarding the Public Works: Cedar River broodstock collection facility. The Committee recommended concurrence in the Broodstock Collection recommendation to approve the 1-405 site as the best location for a broodstock (Sockeye Hatchery) Facility, collection facility within Renton City lirrdts provided that the following issues can Seattle Public Utilities Project be negotiated to the satisfaction of the City: ?? Seattle Public Utilities (SPU) provides adequate mitigation for impacts of construction and operation of the broodstock facility on City lands and activities, including, but not limited to, impacts on spawning behavior, parks use, aesthetics, surface water, recreation, public safety, riparian habitat, Parks Master Plan, and Narco Rd. maintenance. ?? Washington State Department of Fish and Wildlife modifies the Hydraulic Project Approval for the dredging project to address potential irrmpacts from the broodstock facility on the City's mitigation requirements. ?? SPU supports future maintenance dredging and provides monitoring for fish activity at and below the broodstock faculty. Upon Council concurrence with this recommendation, staff will pursue negotiations with SPU regarding permitting and construction of the broodstock facility at the 1-405 s ite. MOVED BY CLA W SON, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CA RRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES March 21, 2005 Renton City Council Minutes Page 100 Resolution #3742 A resolution was read setting a public hearing date on 4/18/2005 to vacate a ten - Vacation: Walkway, NW 6th foot wide platted walkway approAnately 187 feet in length, connecting NW 6th St & Rainier Ave N, VAC-05- St. to Rainier Ave. N. (lack D. Alhadef� JDA Croup; VAC-05-002). MOVED 002 BY CLAW SON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3743 A resolution was read approving the Laurelhurst Phase I Final Plat; Plat: Laurelhurst Phase 1, approar n ately 15.7 acres located in the vicinity of Duvall Ave. NE, west of NE Duvall Ave NE, FP-04-160 2nd St. (FP-04-160). MOVED BY CLAW SON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3744 A resolution was read ratifying the 2004 amendments to the Growth Planning: 2004 Countywide Management Planning Councirs Countywide Planning Policies. MOVED BY Planning Policies Amendments BRIERE, SECONDED BY PERSSON, COUNCIL A DOPT THE RESOLUTION AS READ. CARRIED. Resolution #3745 A resolution was read authorizing the temporary closure of the northbound lanes Streets: Sunset Blvd N, NE of Sunset Blvd. N. (N. 3rd St. to 1-405), the Houser Way Tunnel, and the Sunset Blvd & Houser Way eastbound lames of NE Sunset Blvd. (Sunset Blvd. NE to Harrington Ave. NE); Tunnel Temporary Closures and temporary total closure of portions of Sunset Blvd. NE MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3746 A resolution was read supporting legislative funding from the 2005 Washington Transportation: SR 169 State Legislature for certain road improvement projects on SR 169 to Corridor Improvements, significantly increase the level of service. MOVED BY PALMER, Supporting Legislative Funding SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 4/4/2005 for second and final reading: Community Services: Henry An ordinance was read amending Chapter 5-1, Fee Schedule, of Title V Moses Aquatic Center fees (Finance and Business Regulations) of City Code by setting Henry Moses Aquatic Center pass card rates and canopy rental fees. MOVED BY LAW, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/4/2005. CARRIED. Development Services: Trench An ordinance was read amending Section 9-10-11 of Chapter 10, Street Restoration & Street Overlay Ecavations, of Title ix, Public Ways and Property, of City Code by revising Requirements trench restoration and street overlay requirements. MOVED BYBRIERE, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/4/2005. CARRIED. Planning: R 1 Zone Community An ordinance was read amending Chapter 4-2, Zoning Districts - Uses and Separators Standards, Chapter 4-3, Environmental Regulations and Overlay Districts, Chapter 4-4, Citywide Property Development Standards, Chapter 4-6, Street and Utility Standards, and Chapter 4-11, Definitions, of Title 1V (Development Regulations) of City Cade to arnend the R-1 residential low density zone in order to regulate clustered development and create an urban separator overlay designation * Councilman Clawson acknowledged the requests to advance this ordinance for second and final reading; however, he noted that ordinances are not advanced unless there is a critical reason for doing so. March 21, 2005 Renton City Council Minutes Page 101 *MOVED BY CLAW SON, SECONDED BYLAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/4/2005. CARRIED. NEW BUSINESS Responding to Councilman Persson's inquiry regarding the necessity of Police: CrhTdnal Trespass reviewing the City's criminal trespass ordinance since the Municipal Court Judge Ordinance found a portion unconstitutional, City Attorney Warren pointed out that City Code contains a reference in its critninat code to the State trespass ordinance. Therefore, Renton does have a current, valid and enforceable trespass ordinance. He relayed that the ordinance the Judge found to be illegal is contained in another part of City Code. School District: Activities Councilwoman Nelson reviewed the various announcement, events, and activities of the Renton School District, including: the qualification of three Renton High School speech and debate team members to compete at the National Forensic League tournament in Philadelphia, the qualification of more than 300 students at Nelson Middle School for induction in the National Junior Honor Society, and the nomination of five Renton High School students for the 2005 Diversity Makes a Difference awards_ ADJOURNMENT MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9.46 p.m. Bonnie 1. Walton, CMC, City Clerk Recorder: Michele Neumann March 21, 2005 STAMItA STATE OF WASHMGTON DEPARTMENT OF ECOLOGY Northwest Regional Office . 3190 1606Avenue SE . Bellevue, Washington 98008-S452 . (425) 60-7000 October 16, 2006 Ms. Erika Conkling, Senior PIanner City of Renton 1055 S ` Grady Way Renton, WA 9A055 Dear Ms Conkling: RE: Comments on SEPA DNS for Kennydale Blueberry Farm Rezone, LUA05-159 Thank you for the opportunity to comment on the proposed DNS dated October 2, 2006, for a rezone of the Kennydale Blueberry Farm property from Resource Conservation (RC) to R-4. The Department of Ecology believes that the proposed rezone will pose a significant risk of adverse impacts to wetlands on this property, and to the beneficial functions that the wetlands provide to the watershed. The DNS does not adequately evaluate this risk. The SEPA checklist attached to the DNS notes that the lower two-thirds of the parcel is covered by 1 to 5 feet of "soft peat." The Soil Survey of King County Area (Snyder et al. 1973) maps this soil as Shalcar muck, a hydric (wetland) soil. Evidence indicates that the site holds a large remnant of an important wetland system maintained by shallow groundwater and by a spring that flows out of the adjoining greenbelt on the east. As the SEPA checklist notes, the surface water from this spring flows north via a ditch just inside the parcel's eastern border and ultimately through Kennydale to Lake Washington, A "Special Focus Issue Paper on the Kennydale Blueberry Farm" (Issue Paper) was included in the information packet for the Renton Planning Commission meeting of November 2, 2005. This Issue Paper noted that the "soft soils" covering about two-thirds of the parcel would have to be "removed and replaced with suitable fill" in order to build homes on the site. The Issue Paper states that "a wetland area mapped over a portion of the Blueberry farm" is the basis for requesting a wetland evaluation. After discussing the site's potential for residential development, the issue paper cautions: "Depending upon the results of a wetland analysis, this type of activity may not be allowed under current regulations." The paper concludes that existing information on drainage or wetland conditions is outdated and that updated information is needed before a zoning decision can be made. We agree. Ms. Erika Conkling September 16, 2006 Page 2 Unfortunately, the proposed DNS says nothing about the updated information that the issue paper said was needed. The proposed action could very well lead to the destruction of wetlands, including replacement of organic soils by fill. Muck and peat soils are extraordinarily effective at improving water quality by removing toxins and other pollutants. They also retain disproportionate volumes of stormwater and release it slowly. Such functions are vital to the health of the watershed, the municipal infrastructure, and Lake Washington. A delineation, rating, and fimction assessment of wetlands on the parcel should be a prerequisite to any land -use decision that could affect their fate. The wetland study should also evaluate the effect of "improvements in drainage of the property," including."a major dewatering in 2004," which the issue paper said the property owner reported. What was the nature of the dewatering? Could it have resulted in adverse impacts to aquatic resources or other sensitive areas? Did it involve work below the ordinary high water mark or divert or change the natural flow? Thank you for taking these concerns into account. Please call or e-mail me with any questions or for further discussion. I can be reached at (425) 649-4447. Sincerely, Richard K. Robohm Wetland Specialist RKR:rc cc: Anne Fritzel, Department of Community, Trade and Economic Development Pam Erstad, Washington Department of Fish & Wildlife Jeff Davis, Washington Department of Fish & Wildlife Donna Bunten, Ecology CAO Review Coordinator Erik Stockdale, Wetlands Specialist, Ecology Northwest Regional Office Creek Affidavit Q � I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. _ I have been in this neighborhood for years. Signed: I ojm1 Date: Address: 430i�) �. AO E ( ?D-�4 Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for years. F Signed: - Date: ziz Address: ,'1 f fir - C v- Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for years. Signed: Date: a2- I-- Z�'g Address: 2 G� ,� !� Ov e e ��s ��n j- `t ie �l D v It Nr, m c) jn-# a L ils yedv �ad1 Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for � years. Signed: j� p�,�� Date: Address: Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for ' years. Signed:/� R- �� Date: Address: , a y j3 � Ivy, 1,7 t Z .fit✓ .tea, Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for 6 years. Signe —� Date: Z -e-o � s �, Address. �- Z�/,� vo 5--7 gem-1� r-ro^ +�' *'(z- --r I'L"�' -�t-Lp- 4- -Wep4- every ' Gw jo, 5 l c� yr 4�5e Z-64rk-'L C�'4 �efo,,5 J Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for /� Z years. ned: / Date: Si g C, Address: 2Q�. I 'e ,,77�n lz J j•j %,��c'trrrv��� by �t/zlk 7l1 ['r' �t' / -rS-� 1 3 4 C� 4-,--t-4 5 _(?e /I7 �j f L✓�. f Cr' n ' t u Yl �I? (r✓�' f d" 1? t� ia/ /✓ J I � R Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for 3 0 years. rr Signed:,��` I'U�7?/ Dare: d 7� Address: lsc-' 21a), 4 e A)e- A // Z-� qROS� PcK L�rr- '�Wd Z/7- was awa tL 0�2 Creek Affidavit I am. familiar with the stream, known locally as Kennydale Creek, which is in the vicinity ofNE.2o ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for,e years. P Signed: I,' "� �`� Date: ;iu- � o Address: ZZ��- Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for _F1q C _ years. Signed: Lm'_' F6 C'f'� Address: 1640-2 4,e SL eo'�\I W §� 7 t 6 s 9 Date: F-eL S, 2-°°q 4 6I Je 64 `' 7 Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for k'-: years. f. Signed: Date: o try �, Address: v I 0 Creek Affidavit I am familiar with the stream, known locally as K.ennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for --�--'S - years. Signed: Address: . Date: 2 _ -�7 — CS — AJ 1 52 Up _--_ ��� � sU 12 `tr'n/7-b�s oV Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for D- 0 years. Signed: Date: c) N� -7-k rr.*:� � Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for l years. J: / �, I C Si gne Date. - Address. 130c-, kk�' / ,:;- t'j-r� Aj, '-,(j4 40 Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for years. Signed: ;&4k - Date: ZIPI(t Address: 1-we N Z0# 117 Otellf- zj��. ��• �� � �- �� � �-�L cam° �� Creek Affidavit I am familiar with the stream, known locally as Kennydale Creek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the sum r. I have been in this neighborhood for years. C Signed: Date: a� Address: C v r'1��'I l3�5- �4, 4 r ,� goo l '0 a D `���ge'r, ion - I grew up playing in the creek and the swamps near my parents' house on NE 16th and Blaine. My brother and I and our friends practically lived down there in the summers. We caught squawfish and crayfish in that creek when we were kids. When I got older, I was the caretaker of the blueberry farm for Mr. and Mrs. Knotts in the summers, so I still saw the creek all the time. I met my wife when she asked to speak to me about my memories of the creek. At that time, I was living half a block from it, so I saw it every day. Now that we are married, I live within several feet of the creek where it rums behind our house. I believe that when I say this creek has never gone dry in the 44 years I have been observing it, my testimony should be considered first hand knowledge of the facts. KENNYDALE CREEK AFFIDAVIT: I LIVED IN THE VICII51Y OF KENNYDALE CREEK, ON OR NEAR JONES AVE, FOR YEARS. IN THAT TIME, I OBSERVED THE CREEK RUNNING FULLY IN THE SUMMERS. IT S NEVER DRY DURING THAT ENTIRE TIME. SIGNED: DATED: a -6) ` Q� ADDRESS: r ";?-6 :7 Creek Affidavit I am familiar with the stream, known locally as Kennydale Greek, which is in the vicinity of NE 20 ST and Jones Ave. This creek has NEVER dried up in the summer. I have been in this neighborhood for years. Sign �� Date: � Ile F Address: 26 In the 45 years that I've been a resident of Renton on what is now NE 2e Street, the Kennydale Creek has never run dry. I used to cross it nearly every weekday on my way to school. Now, I walk NE 2& St. for exercise and cross the creek. It is always running. There are wetlands in the vicinity of the Kennydale Creek on NE 2& Street, with the creek running through them as it makes its way to Lake Washington. The idea that recent building in the area has altered the nature of the creek to where it is now dry is false. The area around the creek is still wet also. Last summer, a new property owner on NE 200 St found that when he dug out his lot for the foundation ofhis new house, the lot instantly transformed into a lake. He tried hard to pump out the lot, but the underground water kept on coming. He could have literally rowed a boat around the property. Ducks gathered for quite a while as he tried to figure out how to get rid of the water. I've attached a picture I took of that piece of property last summer to give you a visual of how wet the area really is. The stream is very close by to the lot, and it runs year round ... fall, winter, spring, and even in the heat of the summer, which is when I took the attached picture. The same groundwater springs that feed the creek are the ones that fill this hole with water, therefore I felt it was quite relevant to include this. As a resident of this street, I see the creek on nearly a daily basis. Not once has it ever been dry. Kennydale Creek is a year round stream. Please treat it as such. a/% Feb 1 U Ud U9:U4p Valerie 315U41 (19U ( p.1 TO: The Hearing Examiner for the City of Renton RE: Blueberry Haven Short Plat Appeal I, Barbara P. Hicks have been a city of Renton Resident for 25 years. In 1986 I lived in Kennydale on 2& Street for a period of two years. During this time my son and his friends would go out of the back of my house which was east of Kennydale Creek to get frogs to bring into the house and also to float small rafts and boats down the creek towards the north. The creek was a source of irritation to me all year long, it was always filled with water which was a constant lure for small boys to wade in, jump bikes across, and float things down it. I do not remember a time during this period that this creek was ever dry or appeared to have dried up. After I moved up into the Highlands my daughter and son in law remained in that house for a few more years until the property was sold, and I would go behind the house to pick berries with my son to pick wild blackberries. In more recent years I again lived on NE 20t' St (2004 & 2005), again the creek was year round and did not dry up or appear to dry up even during the summer. I have given testimony on several different occasions at City Hall Meetings concerning this issue. I have also questioned the classification of the stream and have long felt it should have been afforded more protection. The city seems to have neglected their responsibility for protecting this stream and the adjacent Wetlands. Sincerely, Barbara P. Hicks 10402 15 f st Ave NE Renton, WA 98059 Renton Ormlity Update Page 3 of 20 • trails . transition . December 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2122 23 24 25 26 27 28 29 3031 05 March 2007 @ 04:13 pm Wetland Foundation Bird watching at the foundation dig across from the blueberry farm.... 0 it R01t0n ('amIII Lill] t}� l �pdatc Page 4 of 20 Renton Community Update Page 5 of 20 1 Renton Community Update Page 6 of 20 Tags: blueberry farm 4 comments j Please Participate! Click here to leave a comment 27 February 2007 @ 07:54 pm High water table The excavation site across the street from the blueberry farm continues to fill with groundwater. it appears that the water table must be just a few inches below the level of the soil. (1 think the pond shwon below is approximately two feet deep.) Renton Community Update Page 7 of 20 Tags: blueberry farm 2 comments I Please Participate! Click here to leave a comment 26 February 2007 @ 11:51 pin Beautiful Blueberry Farm appearantly to be subdivided to make way for one more house Renton CoMmunity Update Page 8 of 20 I have to admit, I don't really understand the motivation. if you have a 3.5 acre piece of property in an urban area, with willow trees, ponds, creeks, and acres of naturally watered blueberries .... why would you want to give that up to put in one more home lot. A building lot in Renton is worth maybe $150,000, and there are potentially tens of thousands of them. The 3.5 acre U-Pick Blueberry farm, with it's charming farm house, beautiful grounds, and loyal customer base is probably worth closer to a million dollars, and is entirely unique. (In order to build the new house, the property will have to be subdivided and a Iong private road will have to be built to reach the only dry upland section suitable for building.) While I do not share the property owner's enthusiasm for replacing a blueberry farm with one new home lot, I actually voted against this rezone because we do not have a good understanding of the underlying wetland. We had been told that the new R4 zoning will allow the blueberry farm wetlands to be protected, but I have several reasons to be concerned this may not happen. For instance, the property across the street from the blueberry Farm is being legally excavated, and it is filling with ground water faster than it can be pumped out ... leaving many wondering exactly when the wetland protections apply. And there appears to be risk of differing opinions as to whether a centuries -old peat bog qualifies for a wetland where it is not actually under water. City staff believe it is a wetland, but they are not legally qualified to make the detennination... so we may have skirmishes over this issue in the future. We also received a petition tonight, signed by 75 residents, asking us to get a wetland delineation before taking any action. I gave this weight in my decision. In addition, the Washington Department of Fish and Wildlife wrote to council a few days ago, asking us not to rezone the property without a wetland delineation. Our city attorney says we don't have to follow their suggestion, but I have seen this department demand attention elsewhere, such as when they added extensive fish mitigation to the billion dollar 1-405 expansion project. And even if we can bully our way past Washington Fish and Wildlife, I don't Renton Community Update Page 9 of 20 understand why we would burn bridges with this important department in an unpopular effort to turn a blueberry farm into a house, when we will need State Fish and Wildlife support for projects like our lake boardwalk trail in front of Boeing (the Sam Chastain Trail), toxic cleanup efforts at a polluted lakefront site, the rebuilding of Coulon park boardwalks and boat ramps, and on -going dredging of the Cedar River. Finally, even with the R4 zoning, I am not sure if the required wetland buffers will even let one additional house be built. So if the property is sold, and the new buyer expects to subdivide, they could be very disappointed; they would likely be asking the question ... why would council rezone property for four units to the acre if it won't support anymore homes. A wetland delineation, prior to the rezone, would have eliminated this uncertainty. We simply should have obtained more information on the wetland before proceeding. Even though I voted against the rezone, it still passed. Not the first time (and probably not the last time) that I vote in the council minority. I hope the city is successful in providing good stewardship of the wetlands, and if possible, the blueberries. Tags: blueberry farm. 4 comments I Please Participate! Click here to leave a comment 22 February 2007 a7 05:22 pm Getting bogged down The owner of the Kennydale Blueberry farm has applied for a rezone from RC to medium density R8, to allow additional homes to be built on the 3.5 acre site. Council is considering allowing the property to instead be zoned to low density R4, which would allow one or two new homes, and would require that a biologist survey the wetland and put it into a protected status at the time of development. Renton Community Update Page 10 of 20 Renton Community Update Page 1 i of 20 Many members of the public have expressed concern that waiting to survey the wetland until the development may be too late; they have specifically pointed to the site shown below, which is directly across the street from the blueberry farm. Some have speculated that the wetland peat bog may extend from the blueberry farm right under 20th street, to this site. ( I snapped the picture below last weekend) Renton Community Update Page 12 of 20 k Renton Community Update Page 13 of 20 And above and below is how the site looks today, now that some digging is occuring. A neighbor told me that ducks have been flying in and out. Renton Community Update Page 14 of 20 Renton Cpmmunity Update Page 15 of 20 Whether council zones the bluberry farm property RC or R4, we need to make sure that the wetlands are not built on. And we should have a biologist survey them out as soon as possible. While R4 would require wetland protection, we've been told that RC zoning would not require wetland protection, and that dog kennel runs or horse paddocks could be built on the low lying areas. Personally, I would like to see the 2.25 acre damp area remain a blueberry farm, regardless of whether an additional home is built on the uplands. We have many homes in Renton Highlands, but only one U-Pick Blueberry farm. Tags: blueberry farni 5 comments I Please Participate! Click here to leave a comment 19 February 2007 @a 11:59 am Today's Renton Reporter story on the Blueberry Farm Click here to react the story Tags: Blueberry farni Renton Community Update Page 16 of 20 Please Participate! Click here to leave a comment 16 February 2007 @ 11:15 am Keninydale Blueberry Farm; council rezone discussion Time for another Blueberry Bog Blog :-) 41 / 11 Renton Community Update Page 17 of 20 We had a lengthy and interesting discussion at Monday night's council meeting concerning the Kennydale Blueberry Farm rezone. The owner of the decades -old 3.5 acre farm is ready for retirement, and desires to rezone the property to an R4 or R8 (four to eight units per acre), from its current RC (resource conservation). She also says that the Blueberry plants are dying as a result of the dramatic development all around her farm, and the de -watering of the farm's natural basin thanks to the city's new storm -water drainage system. The city staff, the Planning Comrnission, and the council's Planning and Development subcommittee have all recommended R4 zoning for the property, which allows up to four homes per acre on the dry, buildable portion of the property (estimated to be 1.25 acres). Much of the past citizen testimony, however, has been in favor of keeping the zoning at RC, which would not allow subdivision but would allow the existing home, one accessory home, and (as we learned on Monday) several other rural type uses including professional dog kennels, professional stables, and other rural businesses. But it turns out that the RC zoning would not ever require that the owner delineate the most delicate feature of the property, the peat bog (fen) fed by underground springs, which appears to be thousands of years old and forms the headwaters for Kennydale Creek. In a worst case type scenario, it sounds like RC zoning would allow for a future owner to bulldoze the blueberry plants, and put kennel runs on this peat bog if they were so inclined. R4 zoning would require wetland delineation, but not until the property owner applied for subdivision. At that time, the wetland peat bog (estimated at 2.25 acres) would be delineated and documented by biologists in a wetland report, marked as a nature zone, and protected against building or any active uses. The remaining dry upland property would accommodate one to three new homes, in addition to the existing home. Several citizens expressed concern that if the wetland delineation is not done before rezoning, then the character of the property may be altered before the biologists have a chance to survey the wetland. So the council asked the Mayor and the administration to contact the property owners, and see if the city could obtain permission to perform the wetland delineation now, in order to know specifically what the impact of the rezone will be. The report could then be provided to the property owner, and she in turn could share it with potential buyers, to eliminate all unknowns about the wetland when the property changes hands. In addition, council asked the administration to explore whether the owner would be interested in selling the wetland section back to the city, to protect it in perpetuity. ( This is a very common action along creeks and other bodies of water.) The council has agreed to take up this issue again at Committee of the Whole, in two weeks. Tags: blueberry #ann 1 comment i Please Participate' Click here to leave a comment 15 November 2006 @ O6:43 pm Kennydale Blueberry Farm ... should the city purchase it? One of the most controversial rezones that has been proposed this year is the up -zone of the Kennydale Blueberry Farm from 'RC- Resource Conservation' to 'R8-Residential-8 units per acre.' Citizens have been appealing to council not to allow this, as it would likely usher in the end of the beautiful 3.5 acre, 50-year-old U-Pick blueberry farm in Renton Cgrnmunity Update Page 18 of 20 Kennydale. All sides of this dispute make solid arguments. The owner of the farm points out that the property was zoned R8 until about thirteen years ago, at a time when the city suggested she should have the new RC zoning to help her better mange and protect the farm. But she never received any benefit for making this change, and has instead watched as more and more restrictions were placed in the RC zones. At this point, the owner is ready for retirement, and ready to move on. The city staff' and the Planning Commission have been inclined to agree with the property owner, and are recommending that the Council make the upzone to R8. Meanwhile, Kennydale residents are speaking overwhelmingly against the rezone, as they love the Blueberry Farm and they understandably don't want to see it go away. They know that the upzone will make it viable for development, and that it will be sold for such. They also make strong environmental arguments for keeping it zoned RC. Like all the other outspoken residents, I too want to see the Blueberry Farm stay. In addition to providing the community with a bountiful supply of inexpensive fresh blueberries, it sits on an ancient peat bog, probably thousands of years old. The blueberry bushes receive natural irrigation from underground springs ... these springs bubble up to the surface through the peat moss and form the headwaters for Kennydale Creek. State biologists have confirmed that this formation is a rare environmental feature (known scientifically as a'fen'), and to me it seems a shame to see it simply be divided into back -yards of new homes. But all is not lost for blueberry farm lovers. At the last council meeting, we received the latest figures on it's full development potential. It turns out, even with R-8 zoning, the 3.5 acre property could only be subdivided into two or three building lots due to the substantial wet -land setbacks mandated by state law. Since it is can only be three buildable lots, not twenty-four like we often see on 3.5 acres, it could theoretically be in a price range where the public could chose to purchase it for a park, open -space, or to run it as a blueberry farm (the way Bellevue does with their blueberry farm.) So, I did what I often do when I calculate that there may be a solution that will satisfy all parties ... I suggested it. In this case, I proposed we openly and publicly consider a possible purchase of the Kennydale Blueberry Farm for a park. I even made a motion that we study/discuss this option at an upcoming committee of the whole meeting (which I chair), and my motion was swiftly seconded by my brilliant colleague Marcie Palmer. Thanks Marcie! But then, like we have seen too often on the council this year, rather than openly debating the merits of my motion, those that were against my motion (including a certain lawyer -councilman and the mayor) tried to convince me that my motion was illegal! The mayor even went as far as to ask me to withdraw it! Their logic seemed to go like this... we can never discuss purchasing sensitive lands for parks or open -space in an open public meeting, because then if we decide to buy the land the owner may raise the price. Ummm... I am pretty sure that the owner would eventually find out we want to buy it ... like when we make an offer to her. Furthermore, we should not be deciding what we are going to do with large amounts of taxpayer money in secret...it is always right to have such discussions in open public meetings. And ironically, ensuring we pay fair market value would be an honest and fair use of the eminent domain power (unlike using it to take property from one private owner and give it to another private owner as I fought in the Highlands). So where did we end up? With certain people frowning at me for not withdrawing my motion, I instead moved to table it until next week to allow our city attorney to study the issue. And Councilwoman Palmer seconded my motion to table. (Thanks again Marcie!). Since a motion to table is not debatable, it passed with no more squabbling. This item will be picked back up off the table next week, so stay tuned and be prepared to weigh in on this during Renton Community Update Page 19 of 20 audience comment if you are so inclined. Personally, I don't know if we could afford to purchase the blueberry farm for a park. But what I do know is that before we see it gone forever we owe it to the citizens of Renton to at least talk about our options. Tags; blueberry farm, parks 4 comments I Please Participate! Click here to leave a comment 05 August 2006 a@ 10:04 am Kennydale Blueberry Farm Council received an interesting letter on the Kennydale Blueberry Farm, suggesting some possible new uses and identifying how we have extrapolated an initial request for a rezone into an area -wide rezone request. The letter is shown below. (Please click on it to enlarge it). I would sure like to find a way for the city to purchase this property, at fair value for the owner of course, for a park, a pea patch, or open space. Biologists have identified this property as a special kind of Peat Bog, known as a Fen. CLICK HERE for the Wikipedia definition of a Fen. A fen differs from a bog, in that it is fed by underground springs instead of surface streams. While I am not a biologist, and I may not have this exactly precise, it appears that the Blueberry Farm is a fen which maybe for centuries has collected underground water from the local surrounding basin (roughly bounded by Jones Road and Edmonds Ave), and enabled this water to bubble up to the surface through the living peat mass and form the headwaters for Kennydale Creek. I'm personally wondering if our installation of a major new storm drain system for this entire basin a few years ago has led to the multi -year drought at the blueberry farm. If so, perhaps we could find alternate ways to restore some of the flow of water back to the farm, if appropriate. In any case, if the city has in any way harmed the owners of the Blueberry farm, we need to be sure we make them whole again. (It is possible that we have done the worst thing, which is making the property not work as a blueberry farm or for development.) And if the farm contains some unique geology, we should look for ways that the community can celebrate, enjoy, and protect that. Since I am not a biologist, I will look forward to hearing from some experts in this field for their recommendations on this property. � 6 1 ' 1,110nie-el, -Iff, hic P Terry Dutro Mastertmilder Cor*b'ucbon 10711 SE 3e St Bellevue, WA 98004 RE: Panaels 3343903203, 3343903201 and 3343903563 Critical Areas Evaluation June 29, 2005 Dear Terry, The above parcels have been evaluated to dew if there are any critical areas on them and if so what cNesiflication they would be under the City of Renton's new Crftical Anm Ordinance. These parcefs are bcaW east of Jcxtes Ave NE and north of NE 2(P St AA of Parcel 334 03201, and portions of Parcels 3343903203, 3343903663 are being omsidanxi for subdivision. This subdivision would include aWmanugely 4 acres. This land slopes very gently from the south to the nordwmt A *earn flows the length of it to a pond in the rolwmmg cannier and then onto the north. Directly to the east of Parcel 3343903201 is the new CamWest subdivision, Weddxmter Kennydale. North of this subdivision is the completed Stone Castle subdivision. Vilest of the Stone Castle sub*Asioti aril north of the proposed subdivision are a mbcture of single tw* residences on appm*matsly 1 we lots and a 1.65 acre Parcel that is undevelioped. The east si+tte of Jones Ave. is single family lots that border the east side 1-405. South across NE 2& SL is a blueberry farm on a 3.43 acre parcel. This farm dates back to the Pate 19Ws. Surface water and groundwater draining to this parcel has been oollectod and drained to a ditch along the east side of the parcel for almost 60 years. This ditch ends along the south side of NE 2(P St where it is piped under the street to the north, and flows into another channel Wnmg north across Parcel 3343903%3 and 3343903203. Last October. ParoM 3343903201 and a portion of Parcel 3343903563 were inspected to determine if a wetland was on these fits. It was determined that due to the recent housing development to the northeast and east and construction of a sewer line through this area, these properties have become signWkwtly drier and no wetland exists in this area. Much of the group andsurface water that used to flaw to this area is now meted and piped south to NE 26m St to dbdmnje next to the culvert under NE 20"' St coming from to blueberry farm. There is a wetland on Parcel 3343903203, crossing the northwest cornier of the proposed subdivision. The Welland Delineation Repot dated June 2, 2005 describes it in detail. The wetland is a Class 3 wetland under the City of Renton's new Critical Areas Ordinance. The channel ervesing the proposed subdivision flows k7b this wetland. The Whill roan the wetland continues on to the north across the next two lots for appr- dmakely 400 feet k to another Pond. This pond's outfall is into the storm drainage system for a new short plat at the southeast comer of the intersection of Jones Ave and NE 24 St The outfatf from this system is piped west across Jones Ave. and into a ditch flowing to the northwest The channel crossing the proposed subdivision was previously considered a Class 3 stream by the City of Renton. Based on the City's new Critical Areas Ordinance this channel meets the criteria for a 20501 81st Ave y.W V aSll{1�-_j, WA C)8 7O Tel hone (206) 4-63-5311 FAX (bKb) 1+63-21578 l 0 f; JIUSPOIT En6neerijy, Inc. Claw 5 stream. The reasoning for this determination was dh amed in our letter dated April 25, 2005 to Laurlee Gordley_ The ordinary high water mark (OHW) for the channel crossing Paroels 3343903563 and 3343903203 varies from 2 to 5 feet apart on either side of the channel and 2 to 3 inches up from the bottom at the sides of the channel. The southern half of the channel is grass lined. The northern had flaws underneath a dense growth of the willows. Spiraea, and Salmonberries until it ends the wetland. There is no grass in the in this portion of the channel. The ouM from the wetkM is over a concrete wow to a grass lined channel that continues north as already discussed. If you have any additional questions wing the Critical Area evaluation of these parnels, please caq me at (425) 747-1799. Anne Seethoff Project Engineer "NO] 81st Ave. S.V1. Vachon, WA 98070 Telephone (.206) 463-5311 nux (o6) 46 -7j?8 w�; Hpr 26 05 08:21a Anne Seetheff 425-` 7-0994 p,p n 11 «11 H'('1I I I ('. 11 iaumlee Gard" 20t Q ,fortes Ave NE Renton, WA 98456 RE Stream ckissfficabw, Para No, 334 3563 April 25, 2005 Deer l..auralee, As you rem, I h7 a reviewed ft City of RentoWs proposed dlaHges to they' Critical Areas rogulabons to dekwn ine what woidd be the demon of the channel auswV yarn property. The wetland report dais December 19W gassing tl�e bland in this era ratted this a Class 3 sb earn - This rqxrt is KxAK ede in my WcdW4 Debrtie bon Report dated Oclober 2D 2004. gmed on the pqxwsedsoft r+evzxx s. the area inspected 10 deWffWoe 4s wegaW status weotdd sfaik not be cwnxWwvd a ►wielfand as disarssed in " CW*Axw Z& repcut The dtarmnd crossirfc� Your property from die nth to the nrxM may Use cnWm for a Cbss 5 sbewn based an OW hislor'y Of the area. The water ft NO ng in this c3taraKel finales sotto of NF_ 20M St, in the blueberry treld on PARxt No 3343W3244- in the Ide I9Ws, the p nvertY aww of Ow pared ctwme b dram the of" whem the bluebemes are OXMntly grvNM9 by geed" tt* mroof *orn bee street and theme Pal. and drechng it to a culvert instaNBd udder NE 206 SL At ttw cettvert outlet a ~ivi was dug nadh and cvr&►g do tie pond on what is now Parcel Na 33 03203, see the adached Fgure I. vyben this dianrrel was dug o i ouft. it was pkasoW in an easement - The Gigs prvr used COU:4 Areas roes tom dew a Cass 5 WeWn as wate<5 wt►ozh flaw within an and jWft omisbuaed donrtd wtrere no mimed et uid had pre+r"x* mod- Aftesr re new of Aker maps arad the l of the area, Ouere is no wxkmbon a stern fiftW north rem rtro arm drat becarne the wry field. Fish do not use Vms channel_ Class 5 sbvam Wilt be nPn4mdWW corder the proposed CdboW.Aram reww" s_ No tamers vAN be required arvwW the ehavvw ( crossing yo4er property. d you [lave any rational gcresbons aorroerning this myeam radon or Me previous weilated delikxatm, please caff me at (425) 747 1799. Sagely, Anne Se~, PE Project ErKjWieef cc- Tenn Dutno _ tNH SI-A Av(-. S-W Ti\ W17o "Ful('151t ,n(A-100) if, a 5311 Ui\ x (.'V)) 'j O i From: Valued Sony Customer To: Lauralee Gordley Date: 5/17/05 Time: 6:03:02 PM Page 1 of 1 - "MASTERBUILDER CONSTRUCTION 4%h, 10711 SE 30TH ST BELLEVUE, WA 98004 LNZ Phone (425) 454-6340 May 17, 2005 City of Renton 1055 SJ Crrady Way Renton, WA 98055 Re: Reclassification of drainage ditch on proposed Blueberry Meadows plat In the late 1950's, Raymond and Virginia Dykes, owners of a blueberry farm on NE 20a' Street in the Kennydale area of Renton, wished to drain water runoff' from their property with a ditch running from their property, into a culvert beneath NE 20'h, and ending in a pond on a parcel across the road. On December 12, 1957, Charles and Winifred Pohl granted a Quit Claim Deed to Mr. Dykes for a drainage ditch easement running through their property (currently owned by Lauralee Gordley). On January 31, 1958, Burnell Delphine Larson also granted a Quit Claim Deed to Mr. Dykes to continue the ditch through their property (currently owned by Jeffrey and Charlyn Unbedacht) and into a pond. Although the Deeds were granted to the Dykes's, Charles Pohl and his foster children dug the ditch for them by hand. In a Wetland Delineation Report from Ellisport Engineering, Inc., dated October 20, 2004, Anne Seethoff concludes that the area in question is not a wetland. A Stream Classification Report, dated April 26, 2005, also by Ms. Seethoff concludes that, according to the Critical Areas Ordinance, this ditch would be classified Category Fiv which is non -regulated and has no buffer. %�- . 2 b MAR-11-2005 FRI 01:13 PM FAX NO. P. 02 wit dales DMd TM wtMM6 ttWnr U Be IwrM ad selpldaa 1401040r Jw NM led Idiot 9=10 +M 4rt rl t 4 RAYMAD a. Wus end TIRGI VIA TDM I Me rife do h1sa ft &wx.0 t1 net dMek Strad Es Its co" au -The% portion .of' tract 29YaUCr'n. ALllpmTs Lake Washington rlrrdin :oT Ud+a'Dist�sipw XO. 4, "aor S46 to plat' tb*r*0f recurded Sn •oivne'11 Of p}ata,' pace -8�+ Ir. Mug Countg, Washlnetan, desertboid to Tpllvwvt sev.mine an the fast Tins or said trot! at a petnt 234.00 rent north of the eauthoset .aernsr 11Iersaf; thwncw vast parallel with the zouth lino or said tra'et b alatenee or 11 toot. more or I*V. to th* aat3ter llnp of on axlstintr draarage dtich; thence north RIQMS�s.to Int farming maid souter li-ne 197 Pest, more oe ]�eear to a point ofiagrlre to the 7aftI thence north parallel with the east 1tne'ar Said treat to %tie Borth line thereof;. thane• flat a''ang a is north Sine 4 test, sore or lase. to the northosar oP amid tract; thence south .axone khe salt Ains user of, to the Roint; of bepinnSnR. �r , 1 �r starE or WAS6rWGUM, NNW Crwptr d ahslllr� i w prMulb tdw,rw j i�ii41 E1. aiplt peW" S. zeraswt d■ bar"" 400AM in. Md sal do art ftmft MMMMN. Rae aaarehti am ftw $001 it U61rr - AIM& . - we ui prpom drtrir MM MAW' 42uli, � sl u .a% - J >wEa't Ii9 58 d ii y.0 r °� MAR--11 •-2005 FR I 01:14 PM FAX K0: P� 03 IN it a_ r,•^A�r• j•, �• .4 � . 11 volmo Um" Tilt aa"$, . CRAM= A.' , 8!. SIM :[P�.� his wire,, and ro. Md In NOW69WO of OF Attr.. �4 on ----- I .[}L�Attp ttlerkft! wive. •wlilkgw. ,R* ,� I;• �. 4� his trite, ��r rilor.ri�,arsi i�irirNrldRAW .lr�ai I a!, t[ r f i :uu ,,r w.if+�na+�+..wa..ihs•�rpr Mtp' . • � I I i � , That portion .or trasiJ:299 s! C. D. U ftnlls :1fa�b inatan Sardara.-al'.94asllA! r,loa go, #eso>rdiWt�to p1at tbsropt ro"T494 ih r;p 1 •11 or, vol a,; pail ;me in king Comt7, Waabw�s la bad as f !; !. Der�ival»g- aq, tie, saa # ] t I; or soiil rapt• at a 'point _ 2�OD bast uo>otb-.o�, arm. s'oal#afsas0 aa�+r 1�hiroail thsnss vast paralla no moq : um or ixi.a imat , a distanali of k rem no aj''tir lose ° "I the-ssritir lira or sn sxiatSng. a flits ; tbsas4 nosh'along. .e taJagsat tbr,fi s 'd a r Sins 9T1 rost,mo". or lass, to '■ Point or 01rlat, to it.. lsrts �fas north paralls1 with the oast line as d;, treat �EA6 "or ;lino ; thereat: tbwnc* e,ast�j 1 said 'liras h I Not rove or Isms, to th I �wm beast c or &aid �tR!ao rot -� tbonoe south along a s line r .to lh L j of bsgiaeing � . � ; , ¢`:�: •r I►wed i>t4 r I tf I I s; 1457'; rr .,,.�• -TATL OF VFILial G7ON� i.. i :.I GL OF 1W160 P+RdRft M tn. ar 46a 'A. P d Vild A roil, his •>Irlrlh. mad . I , i... i •rlJaJtp•"M to ae WMA-41 by ir.holk .�t' a 111M •' sr.e•telsd+� lue f dpm thk ka. tbsl 01. Um ad p+tm UNN& m*WWMC I i cw triRJM MART OW bud and godd.Nd amd &W nor polio' • .... � i 1EsnlrOriI: � P "4%bb� MASTERBU"ER CONSTRUCTION LA%:10711 SE 30TH ST BEU,EVUE, WA 98004 Phone (425) 454-6340 June 30, 2005 City of Renton 1055 S. Grady Way Renton, WA 98055 To Whom It May Concern: Re: Request for stream reclassification. Please review the following reports to determine if this stream qualifies as a Category Five under the Critical ,Areas Ordinance. oFAM f Terry Dutro DEVELOPP,IENT PUNNING Cf7Y OF RENYTON RECEIVED 6 V IS�. a - Eng-i 'hic, Terry Dutro Masterbuiilder Construction 10711 SE 3e St Bellevue, WA 98004 RE: Parcels 3343903203, 3343903201 and 3343903563 Critical Areas Evaluation June 29, 2005 Bear Tent', The above parcels have been evaluated to determine if there are any critical areas on them and if so what classification they would be under the City of Renton's new Critical Areas Ordinance. These Parcels are located east of Jones Ave NE and north of NE 2& St All of Parcel 33439=01, and portions of Parcels 3343903203, 3343903663 are being considered for subdivision_ This subdivision would include approximately 4 acres. This land slopes very gently from the south to the northwest A stream flows the length of it to a pond in the northwest darner and then onto the north. Directly to the east of Parcel 3343903201 is the new CamWest subdivision, Westchester Kennydale. North of this subdivision is the completed Stone Castle subdivision. West of the Stone Castle subdivision and north of the proposed subdivision are a mixture of single family residences on approximately 1 acre lots and a 1.65 acre parcel that is undeveloped. The east side of Jones Ave. is single family lots that border the east side 1-405_ South across NE 20t` St. is a blueberry farm on a 3.43 acre parcel. This farm dates back to the late 1940's. Surface water and groundwater draining to this parcel has been collecW and drained to a ditch along the east side of the parcel for almost 60 years. This ditch ends along the south side of NE 2e St. where it is piped under the street to the north, and flows into another channel going north across Parcel 3343903563 and 3343903203. Last October. Parcel 3343903201 and a portion of Parcel 3343903563 were inspected to determine if a wetland was on these lots. It was determined that due to the recent housing development to the northeast and east and construction of a sewer line through this area, these properties have become significantly drier and no wetland exists in this area. Much of the groundwater and surface water that used to flow to this area is now intercepted and piped south to NE 2e St, to discharge next to the culvert under NE 20M St coming from the blueberry farm. There is a wetland on Parcel 3343903203, crossing the northwest comer of the proposed subdivision. The Wetland Delineation Report dated June 2, 2005 descries it in detail. The wetland is a Class 3 wetland under the City of Renton's new Critical Areas Ordinance. The channel crossing the proposed subdivision flows into this Wetl8nd. The outfall from the waatiand continues on to the north across the next two lots for approximately 400 feet into another pond. This pond's cattail is Into the storm drainage system for a new short plat at the southeast comer of the intersection of .tones Ave and NE 24 St. The outfall from this system is piped rarest across Jones Ave. and into a ditch flowing to the northwest. The channel crossing the proposed subdivision was previously considered a Class 3 stream by the City of Renton_ Based on the City's new Critical Areas Ordinance this channel meets the criteria for a 20501 gist -&Ve. BV Va,slj,�, t W4 1-18070 Telel)holre (206) 463-5311 Pik- (2f(16) 463-2578 F-M!ai(:ll sporll@aoLcorn L Ms port Enovering, Class 5 stream. The reasoning for this determination was discussed in our fetter dated April 25, 2005 to Laurlee Goradley. The ordinary high water mark (OHW) for the channel crossing Parcels 3343903563 and 3343903203 varies from 2 to 5 feet apart on either side of the channel and 2 to 3 inches up from the bottom at the sides of the channel. The southern half of the channel is grass limed. The northern half flaws underneath a dense growth of the willows. Spiraea, and Salmonberries until it enters the wetland. There is no grass in the in this portion of the channel. The outfall from the wetland is over a concrete weir to a grass lined channel that continues north as already discussed. If you have any additional questions concerning the Critical Area evaluation of these parcels, ptease call me at (425) 747-1799, Sincerely, Anne Seethoff Project Engineer 2050I Ellsi Ave. S.W ashon, W.A 98070 Telephone (206) '63-{311 r.Ax (206) 46,j-2578 r- ail: Ih-sTx)r€ @aol.co1-11 425 17--09 i4 p.I ,hurt 29 05 04:45p Hnn Seethoff El 6�port En&eering,-In.c. DATE: 6129/05 TO: Terry Dutror Masterbuilder Construe FAX: 4.25-454-8212 PHONE: 425.454-6W NUMBER OF PAGES: FROM.- Anne Seethoff, Ellisport Engineering 425- 747-1799 RE' Quallfications Behr is a brief surnmary of my Quaffixab-orrs. Education: BSCE, University of Washlrrgton, 1977 Wetlands Science Certificate, Universky of Washington, 1996 Pfojects invowed with and service provkkw: + Rice prcriy, V2oshon Wetland delineation and steam buffer rnit atkon plan. L rK*fn prop", Vashon Wetland delineation and butte restoration plan for wetland and stream. • Eastharn property, Lake Kathleen, King County Wetland delineation aW buffer reettwation plan. Meridian Pointe SubdivWon, Covington Wetland defireation and mitiga ion plain. Creels Paris 'I"c wnhornes, Kirkland Stream buffer enhancement, mitigation plater and report. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL US AT 425-747-1799 RETURN FAX# 426-747-0994 AN)I 24 k-t Ave. S.W. Vx4 . War IM70 '! &I of m me (21 Kt) 4(r,J-4,i 11 cut (htltly 1.�4-55!!) FAX a(N •10-2157 r. Flar 26 05 08:2Ia Anne ";eethoff 425-` 1*7-0954 P, 2 a a-4l;10,1141111"111 ' 11-1c, n n Lauralee Gordley 2010 Janes Ave NE Renton, WA 98056 RE Stream dasslt�, Parcel No. 33493W April 25, 2005 Dear I. auralee, As you requested, I lave feviewed the City of Renton's proposed changes to #lea• Critical Areas regulations to deterrnim wW would to the c assit'icaltion of the charmet crusshg your Wopetty. The Welland report dated December 19% discussing tie wetland in thss area called this a Class 3 strmm. This report is kx*Wede in my Wetland Odireetion Report dated Octalyer 20, 2004. Based on the proposed Corte revisiom. the area inspected to deter m fir wOaW sbtus would sH not ber corns+dered a wotand as dmcussed in " October 2& report The channei crms V your property fi m tt►e south to the noM meets Eire crderia far a Class 5 sb earn based on the history of the area. The water flowing in this channel onginakes south of NE 2& SL, in the bkwberry field on barrel No- 3343903240- In Uf a late 195Ws. the property owner of V*s parcel choose to drain ifs area w►ere the Ux be m%--. are currently gmwffkg by ooikN" the Nr*ff trm the 5tr'eet and Their MrW. and directing it to a cjlvert installed undler HE 20n" SL At Ube cuNmert outlet a cILm nel was dug north and [vr+frr►g to the pond on what is rraw Parcel No. 3343903203. we &ee aflached !"igum 1, When this channet was dug ori,*wy, it was placed in an easmnent- The City's proposed Cak:W Areas revisi m dew a Class 5 sbearn as no*---*ionkWmraV waters which flaw w "n an 2 iy oorr truded channet where no iy red channel had prevKxxJy emled- After review Of Older maps and the history of the area, there is no indication a sblearn f1owred north tivm ff-me- area Mat becaste the blueberry field_ Fish do not use this c r"- Mms 5 streams win be norr4Wularted urxter the proposed Critical Areas revisms_ No buffers wO be required around the tunnel croswq your may. 9 you gave any 2dditianal ques ions mining this stream cizassftWm or the prevom wetland delinea ion. please call me at (425) 747-1799. Sincerely. dlutr' alai Anne Seethoft, PV Ptoject Engineer cc. Terry Dutro ?llstlt NNI Avc - S-Wi rAX [.!1K)}'jO3573 February 14, 2008 RECEIVEL To: Fred Kaufman. Hearing Examiner SD iI From: Richard & Lauralee Gordley Re: LUA07-131 Short Plat Administrative Hearing Dear Fred Kaufman, Hearing Examiner, We are enclosing our rebuttal to the testimony from the appellant. We were informed that the hearing would be of the City Planning department process of our short plat, not the stream reclassification would not be retried in this appeal. There for we are providing documentation that would have been provided at the appeal hearing if we would have been advised and the appellants attorney would have disclosed prior to the hearing, also as the record was left open. We have several points in disputing the testimony given: 1. TESTIMONY OF LARRY FISHER disputed - Larry Fisher, Department of Fish & Wildlife testimony, we have confirmed with Stewart Reinbold with the Department of Fish & Wildlife, that Stewart Reinbold not Larry Fisher.had previously been on our property. Our wetland report can confirm our property is not a peat bog, as Larry Fisher stated. Larry Fisher testified he viewed our property from the road, therefore he could not have determined the soil type. 2. TESTIMONY OF NEIGHBORS -We are providing photos of the stream, taken yesterday from 20`h street. The view is obstructed and the stream can only be seen 19' from the road during the winter and the view must be more obstructed during the summer with vegetation growth. There for the affidavits and testimony are false of viewing water in the stream. Attachment # I -1 E TESTIMONY OF DEANNA DOBAK residing at 1700 Jones Ave NE, Renton, WA is disputed as follows. She stated she viewed water on the property behind her house. I Ier house is draining to our property as shove in photos. Attachment #2 4. TESTIMONY OF JULIE BRAY, testified she lived across the street from our property and could view the stream water. Attachment #3 5. TESTIMONY OF WATER LEVELS IN STREAM - Stream water source and water levels; after hearing this issue arise once again, Richard Gordley obtained permission frorn the Blueberry Farm owners to walk their property to take photos of the water source. The water source is a City of Renton storm drainage issue not a "headwater'' for a stream. The Higate neighborhood east and south of the Blueberry farm has storm water piped to the Blueberry farm with 24" pipes. The Higate neighborhood has storm drainage in the street piped to parcel 4327618PUBL east of the Blue Berry Farm. The retention pond on this property is full of organic debris dumped from residence of the neighborhood. This retention pond has failed. When speaking with City personnel on site February 15, 2008, they mentioned they cannot go on this property due to EPA regulations. This abandoned drainage system is responsibility of the city and causing drainage to the Blueberry farm and into the ditch. During high rain levels this is exacerbating the erosion of this valley. Attachment 444H Sue Rider. the appellants property has a drain pipe from her property onto the Blueberry farm. She is using this for her sump pump drain as well as her own yard drainage. She has encroached on the parcel #327618PUBL, therefore we don't understand how the City personnel can state they cannot access the site due to the EPA. Attachment 45-5D The Heritage Glen neighborhood east of the Gordley property is draining into the easement drainage ditch labeled as an unknown creek categorized as a 4. This has its own dedicated pipe draining into the easement entrance at the south east corner of the Gordley property. Attachment 96 We have attached further photos and diagrams of the drainage in this area, answering the question, "how can the stream have water before and after the Gordley property". All water from all impervious surfaces and ground grater drain towards lowest elevation which is where the stream or drainage ditch is located. Attachment #7-7P� Our Shortplat process started in August of 2004. We have been through many meetings through the planning council and city council regarding this stream. We have complied with the CAO on best available science. Our short plat has been thru extensive evaluation. ` -- ;41 '/ oarri"'t REPORT City of Renton Department of Planning / Building / Public Works & DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE: December 10, 2007 Project Name Blueberry Haven Short Plat Owner/Applicant! Richard A & Lauralee Gordley Contact: 2010 Jones Avenue NE Renton, WA 98056 File Number LUA-07-131, SHPL-A, ECF Project Manager Jill K. Ding, Senior Planner Project Description The applicant is requesting Short Plat approval and Environmental (SEPA) Review for the subdivision of a 37,714 square foot site into two lots in the Residential - 4 dwelling unit per acre (R-4) zone_ An existing single family residence is proposed to remain on Lot A. Lot A is proposed at 17,930 square feet and Lot B is proposed at 19,784 square feet in area. Access to Lot A would be provided off of Jones Avenue NE and access to Lot B would be provided off of NE 20th Street. A 9,601 square foot category 3 wetland and a class 4 stream have been identified on the project site. Project Location 2010 Jones Avenue NE Project Location Map AdmmRPT Blueberry Haven Short Plat doe City of Renton PIBIPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07-131, SFIPL-A, ECF Page 2 B. GENERAL INFORMATION: 1. Owners of Record: Richard A & Lauralee Gordley, 2010 Jones Avenue NE, Renton, WA 98056 2. Zoning Designation: Residential — 4 du/ac (R-4) 3. Comprehensive Plan Land Use Designation: Residential Low Density (RLD) 4. Existing Site Use: Once existing single family residence is proposed to remain. 5. Neighborhood Characteristics: North: Single Family Residential (R-4 zone) East: Single Family Residential (R4 zone) South: Single Family Residential (R-4 zone) West: Single Family Residential (R-4 zone) 6. Access: Lot A would access directly off of Jones Avenue NE and Lot i3 would access directly off of NE 201h Street 7. Site Area. 37,714 square feet/0.86 acres C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan NIA 5099 11/01/2004 Zoning N/A 5100 11 /01 /2004 Annexation N/A 1827 5103/1960 Lot Line Adjustment LUA07-090 N/A N/A D. PUBLIC SERVICES: 1. Utilities Water: There is an existing 6-inch water main fronting the site in NE 201h Street and an 8-inch main in Jones Ave NE. Derated fire flow from the 6-inch is approximately 1,150 gpm. Static water pressure in the area is approximately 70 psi. The proposed project is located in the 435 Water Pressure Zone and is inside Aquifer Protection Zone 2. Sewer; There is an existing 8-inch sewer main in NE 201h Street. Surface WaterlStorm Water: There is no storm system in NE 201h Street. Streets: There is no sidewalk, curb, and gutter fronting the site in NE 201h Street or in Jones Ave NE. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards AdminRPT Blueberry Haven Short Plat. doc City of Renton PlBIPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07.131, SHPL-A, ECF Page 3 Section 4-7-150: Streets -General Requirements and Minimum Standards Section 4-7-170: Residential Lots -General Requirements and Minimum Standards 8, Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element — Residential Low Density 2. Community Design Element 3. Environmental Element G. DEPARTMENT ANALYSIS: 1. Proiect DescriptionlBackground The applicants, Richard and Lauralee Gordley, are proposing to subdivide a 0.86-acre (37,714 square foot) parcel zoned Residential — 4 dwelling units per acre (R-4) into two lots. The project site would be created after the recording of the Gordley/Denzler Lot Line Adjustment (LUA07-090, LLA), which is being reviewed concurrently. An existing residence is proposed to remain on Lot A and a new residence would be constructed on Lot B. The required front yard setback is 30 feet, the required side yard is a 15-foot combined setback with a minimum of 5 feet for any side yard, and the required rear yard setback is 25 feet_ Proposed lot sizes are: Lot A at 17,930 sq. ft. and Lot B at 19,784 sq. ft. The proposal for two new lots would arrive at a density of 3.55 dwelling units per net acre (dulac). The maximum density permitted in the R-4 zone is 4.0 dwelling units per acre and the proposed density does not exceed the maximum density permitted. Access to proposed Lot A would remain off of Jones Avenue NE and access to Lot B is proposed off of NE 20�h Street. A 9,601 square foot Category 3 wetland has been identified and delineated on the project site. A Category 3 wetland requires a minimum 25-foot buffer. Category 3 wetland buffers of 25 feet required the buffers be fully vegetated with native species or restored; otherwise increased buffer widths to protect functions and values may be required_ A stream (Kennydale Creek) flows along the eastern boundary of the project site. The City's Critical Areas Maps classify the stream as a Class 4 stream. A Class 4 stream is a non-salmonid bearing intermittent stream and requires a minimum 35-foot buffer. Staff has received comment letters from neighbors who dispute the Class 4 classification of the stream. The letters indicate that the stream is not intermittent, but is perennial and should therefore be classified as a Class 3 stream, which requires a minimum 75-foot buffer. 2. Environmental Review Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on December 3, 2007, the Environmental Review Committee issued a Determination of Non -Significance - Mitigated (DNS-M) for the Blueberry Haven Short Plat. The DNS-M included 1 mitigation measure. A 14-day appeal is running concurrently with the appeal period for the Administrative Short Plat decision. 3. Compliance with ERC Conditions Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measure with the Determination of Non -Significance — Mitigated: 1. The proposed short plat shall comply with the recommendations found in the Critical Areas Study prepared by Steward and Associates, dated April 17, 2007, 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development_ These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. AdminRPT Blueberry Haven Short Plat.doc City of Renton PIBiPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07-131, SHPL-A, ECF Page 4 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Low Density (RLD) on the Comprehensive Plan Land Use Map. Lands in the RLD designation are intended to guide development on land appropriate for a range of low intensity residential and employment where land is either constrained by sensitive areas or where the City has the opportunity to add larger -lot housing stock, at urban densities of 4-du/net acre, to its inventory. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Policy LU-143_ Within the Residential 4 du/acre zoned area allow a maximum density of 4 units per net acre to encourage larger lot development and increase the supply of upper income housing consistent with the City's Housing Element. The proposed project for two lots would arrive at a net density of 3.55 dwelling units per net acre, which is less than the maximum density permitted. Policy LU-146. interpret development standards to support provision of landscape features as well as innovative site planning. Criteria should include: 1) Attractive residential streetscapes with landscaped front yards that are visible from the street; 2) Landscaping, preferably with drought- resistant plant materials, 3) Large caliper street trees; 4) irrigated landscape planting strips; 5) Low -impact development using landscaped buffers, open spaces, and other pervious surfaces for surface water runoff; and B) Significant native tree and vegetation retention and/or replacement. A detailed landscape plan will be required with the submittal of the building permit materials. A minimum of 5 feet of landscaping will be required along the NE 201h Street frontage and 2 trees will be required within the front yard area of the proposed lot. A minimum of 25 percent of the existing trees will be required to be retained or replaced. Objective CD-C: Promote reinvestment in and upgrade of existing residential neighborhoods through redevelopment of small, underutilized parcels with infill development, modification and alteration of older housing stock, and improvements to streets and sidewalks to increase property values. The proposed snort plat would result in the creation of a new lot for the future construction of a single family residence_ In addition, frontage improvements would be constructed along Jones Avenue NE and NE 201h Street or a fee in lieu of construction the improvements would be paid. Policy CD-12: Infill development, defined as new short plats of nine or fewer lots, should be encouraged in order to add variety, update housing stock, and increase vitality of neighborhoods. The proposed short plat would result in the creation of two lots. An existing residence would remain on Lot A and a new residence would be constructed on Lot B, updating the housing stock in the existing neighborhood, Policy CD-13: Infill development should be reflective of the existing character of established neighborhoods even when designed using different architectural styles, and /or responding to more urban setbacks, height or lot requirements_ Infill development should draw on elements of existing development such as placement of structures, vegetation, and location of entries and walkways, to reflect the site planning and scale of existing areas. Construction of a new single family residence would be required to comply with the R-4 development standards for setbacks, lot coverage, and building height. AdminRPT Blueberry Haven Short Plat.doc City of Renton PIBIPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07-131, SHPL-A, ECF Page 5 Policy CD-13.1: Project design, including location of access and dimensions of yards and setbacks, should address privacy and quality of life on existing improved portions of sites. Rear and side yard setbacks should be maintained and not reduced to facilitate increased density. The proposed lots would be adequately sized to provide the required setback areas established for the R-4 zone. No reductions in the required yards are proposed. Objective EN-C: Protect and enhance the City's rivers, major and minor creeks and intermittent stream courses. The on -site stream is currently classified as a class 4 stream. A class 4 stream requires a minimum 35-foot buffer, a buffer reduction down to a minimum of 25 feet maybe permitted if the applicant elects to enhance the buffer. The proposed development would not encroach into the required buffer area. Policy EN-8. Achieve no overall net loss of the City's remaining wetlands base. The proposed short plat would not impact the on -site category 3 wetland or its buffer_ Policy EN-9. In no case should development activities decrease net acreage of existing wetlands. The proposed short plat is not proposing any impacts to the size of the on -site wetland. Policy EN-10. Establish and protect buffers along wetlands to facilitate infiltration and maintain stable water temperatures, provide for the biological regime, reduce amount and velocity of run-off, and provide for wildlife habitat_ The proposed development would maintain the minimum 25-foot buffer from the edge of the category 3 wetland. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential — 4 Dwelling Units per Acre (R-4) on the City of Renton Zoning Map. An existing single-family residence is proposed to be retained. The project site would be created after the recording of the Gordley/Denzler Lot Line Adjustment (LUA07-090, LLA). Staff recommends as a condition of approval that the Gordley/Denzler Lot Line Adjustment be recorded prior to the recording of the Blueberry Haven Short Plat_ The maximum density permitted in the R-4 zone is 4.0 dwelling units per net acre. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements. After the deduction of the 900 square foot access easement and 12,254 square foot critical areas, the proposal for two lots arrives at a net density of 3.55 dwelling units per acre (37,714 square feet — 900 square feet — 12,254 = 24,560 square feet/0.56 acres, 2 lots / 0.56 acres = 3.55 du/ac), which is less than the maximum density permitted for the R-4 zone. The allowed building lot coverage in the R-4 zone is 35 percent or 2,500 square feet whichever is greater for lots over 5,000 square feet in size. The existing residence has a building footprint of 1,742 square feet, which would result in a building lot coverage of 10 percent on Lot A. The building lot coverage for Lot 2 would be reviewed during the building permit review. The required setbacks in the R-4 zone are as follows: front yard is 30 feet, side yard is 15 feet combined with a minimum of 5 feet, and the rear yard is 25 feet. Based on the proposed subdivision, proposed Lot A would have its front yard oriented to the west towards Jones Avenue NE and proposed Lot B would have its front yard oriented to the south towards NE 201h Street. The existing residence does not comply with the required 30-foot front yard setback, however this is an existing non -conforming situation and the non -conformity would not be increased by the approval of the proposed short plat. The existing residence would comply with the remaining rear and side yard setbacks. The parking regulations require that detached or semi -attached dwellings provide a minimum of 2 off-street parking spaces. As proposed, each lot would have adequate area to provide two off- street parking spaces. Both lots contain adequate area to provide the required parking areas. cj Community Assets The entire site is vegetated primarily with grass, ornamental landscaping, and 40 trees (2 of which are located outside critical areas and their associated buffers)_ The regulations regarding tree AdminRPT Blueberry Haven Short Plat.doc City of Renton PIDIPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07-131, SHPL-A, ECF T Page 6 protection and retention require that trees on lots being developed be maintained to the maximum extent feasible. They permit the City to require the replacement of trees that would implement the intent of the regulations. The Development Services Director has made a determination that to comply with these requirements, 25 percent of all protected trees (located outside of critical areas and their associated buffers) shall be retained or replaced. One of the two trees located on the project site outside of any critical areas and buffers would be required to be retained or replaced. The applicant submitted and tree cutting plan that indicates both of the trees located outside of the critical areas and associated buffers would be required to be removed due to their locations within the proposed building envelope. One tree with a minimum caliper of 2 inches would be required to be planted in order to comply with the tree retention requirements. Staff recommends as a condition of approval that a tree planting plan be submitted prior to the issuance of a building permit showing the location of a minimum 2-inch caliper tree on the project site. The plan shall be submitted to the Development Services Division project manager for review and approval. The City's landscaping regulations require the installation of landscaping within the public right-of- way. The minimum amount of landscaping required for sites abutting a non -arterial public street is 5 feet provided that if there is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped. A determination has been made that if no additional area is available within the public right-of-way due to required improvements, the 5-foot landscaped strip may be located within private property abutting the public right-of-way. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. In addition, the applicant will be required to plant two ornamental trees, a minimum caliper of 1-112 inches (deciduous) or 6 — 8 feet in height (conifer), within the 30-foot front yard setback area for the proposed lots. Existing landscaping may be used to augment the required landscaping. A minimum 5-foot wide landscape strip is required along the project site's Jones Avenue NE and NE 20th Street frontage. The applicant is proposing to retain the existing landscaping with the existing residence along the Jones Avenue NE frontage. The applicant included a note on the preliminary short plat map indicating that the front yard of proposed Lot B (along NE 20th Street) would be landscaped by a future owner during the building permit review process_ It appears that at least 7 trees are proposed to be retained within the front yard area of Lot B due to their location within the class 4 stream buffer. Therefore, other than the one tree required to be planted for compliance with the significant tree retention requirements, no additional trees are required to be planted. A detailed landscape plan shall be submitted with the building permit applications. All landscaping shall be installed prior to the issuance of occupancy for the buildings. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. Jones Avenue NE and NE 20m Street are classified as a Residential Access Street on the City's Arterial Street Map. There are no existing frontage improvements along the parcel's Jones Avenue NE or NE 20th Street frontages. Half street improvements including sidewalk, curb, gutter, paving and storm drainage are required to be installed fronting the site in NE 20th Street and Jones Avenue NE. The applicant may submit an application requesting to pay a fee in lieu of installing the improvements to Development Services for consideration prior to the recording of the final short plat. The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. One new lot is expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips x 1 lots = $717.75) and is payable prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-4 zone. Each lot is rectangular in shape the front yard of Lot A would remain oriented towards Jones AdmInRPT Blueberry Haven Short Plat.doc City of Renton PIBlPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07-131, SHPL-A, ECF Page 7 Avenue NE and the front yard of Lot B would be oriented to the south towards NE 2& Street. Each of the proposed lots would have direct to a public street (Lot A would retain access off of Jones Avenue NE and Lot B would access off of NE 201h Street). The minimum lot size in the R-4 zone is 8,000 square feet. Lot area is calculated after the deduction of private access easements and pipestems from the gross lot area. There are no access easements or pipestems proposed that would be required to be deducted from the gross lot area. The proposed lot sizes are 17,930 square feet for Lot A, and 19,784 square feet for Lot B. The proposed lot sizes exceed the minimum lot size requirements_ The minimum lot width required in the R-4 zone is 70 feet for interior lots. Proposed Lot A would have a lot width of 70 feet and Lot B would have a lot width of 100 feet. The minimum lot depth required in the R4 zone is 80 feet. Proposed Lot A has a lot depth of 255 feet and Lot B has a lot depth of 197 feet. The dimensions of the proposed lots meet the minimum width and depth requirements and are compatible with other existing lots in this area under the same R-4 zoning classification. In addition, the lots appear to contain adequate building areas to allow for the retention of the existing single family residence and the construction of a new single family residence when taking setbacks and lot coverage requirements into consideration. e) Reasonableness of Proposed Boundaries Access: Each lot would have access to a public right-of-way (Lot A would retain its access off of Jones Avenue NE and Lot B would access off of NE 201h Street) via single family residential driveways. Topography: The topography of the subject site is relatively flat with a gradual slope to the northeast. A Critical Area Study (including a wetland delineation) was prepared by Steward and Associates, dated April 17, 2007. A Category 3 wetland was identified on the central portion of the project site west of an on -site stream. The report notes that the wetland likely continues to the east of the stream, however this wetland was not required to be delineated as it is unlikely that any development on the project site would adversely impact a wetland or associated buffer area located to the east of the stream. According to the report, the on -site wetland totals approximately 12,632 square feet in area, however the survey of the wetland that was submitted as part of the Gordley/Denzler Lot Line Adjustment and the preliminary short plat map identified the wetland area as 9,601 square feet. As the 9,601 square foot area of the wetland is based on a survey this is the area that is accepted for the purpose of reviewing the short plat application. A Category 3 wetland requires a minimum 25-foot buffer. The City's Critical Areas Regulations require that Category 3 wetland buffers of 25 feet shall be fully vegetated with native species or restored; otherwise increased buffer widths to protect functions and values may be required. The submitted preliminary short plat map identifies a 25-foot wetland buffer from the edge of the on -site wetland. The buffer area is currently vegetated with mowed lawn, which is not considered a native plant species. Therefore, staff recommends as a condition of approval that if the applicant proposes to provide a minimum 25-foot buffer from the edge of the on -site wetland, then a wetland buffer enhancement plan shall be submitted and approved prior to the issuance of a building permit_ If the applicant does not want to enhance the 25-foot buffer, the wetland buffer area will need to be increased to an appropriate width as determined utilizing best available science. The submitted study recommends that a final Critical Areas Study be prepared prior to the approval of any development on the project site including an enhancement or mitigation plan a necessary. The ERC adopted a SEPA mitigation measure requiring compliance with the recommendations outlined in the submitted Critical Areas Study. A stream has been identified, which flows along the east border of the project site. The City's Streams and Lakes Map classifies the stream as a Class 4 stream, which is a non-salmonid bearing intermittent stream. Class 4 streams require a minimum 35-foot buffer. A stream study prepared by Cedarock Consultants, Inc., dated February 17, 2006 was submitted with the project application. The study was prepared for the City of Renton and was prepared in response to a previous request to reclassify the on -site stream from a Class 4 stream to a Class 5 stream, which is unregulated. In addition, at the time there was also some discussion as to whether the stream should actually be classified as a Class 3 stream. A Class 3 stream is a non-salmonid bearing stream that has perennial flows and requires a 75-foot buffer. The report included a review of the AdminRPT Blueberry Haven Short Plat. doc City of Renton P113/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07-131, SHPL-A, ECF Page a previous documentation that had been prepared regarding the stream, information that had been obtained through a site visit, and a review of the City's Critical Areas Regulations. The report concluded that it is unlikely that the stream is a salmonid bearing stream due to steep slopes that exist downstream towards Lake Washington. The report indicated that no conclusive evidence had been gathered as to whether the stream was perennial or intermittent and that this issue can only be resolved through direct observation of flow characteristics during the summer and that this data can take several years to gather depending on rainfall patterns. Therefore, the report recommended that the stream retain its Class 4 stream classification. Staff has received comments from neighbors regarding the classification of the stream. The neighbors have indicated that the stream flows perennially and that the stream is misclassified and should be classified as a Class 3 stream. In order to protect the wetland, stream, and associated buffer areas, staff recommends as a condition of approval that a Native Growth Protection Easement shall be recorded over the on -site wetland, stream, and associated buffer areas prior to or concurrent with the recording of the final short plat map. In order to notify future property owners of the presence of the stream and wetland areas, staff recommends that the edge of the NGPE be delineated with a split rail fence and identified with signage as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division project manager at the time of Utility Construction Permit Application for review and approval. The fencing and signage shall be installed prior to the recording of the final plat. Relationship to Existing Uses: The properties surrounding the subject site are single-family residences and are designated Residential — 4 dwelling units per acre (R-4) on the City's zoning map_ The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and zoning Code, which encourage residential infill development. t) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single-family lot, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488.00 ($488.00 x 1 new lots = $488.00) and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling_ Based on the student generation factor, the proposed short plat would result in 0.44 additional students to the local schools (Kennydaie Elementary, McKnight Middle School, and Hazen High School)_ Storm Water: A drainage report was not required to be submitted with the project application and the requirement was waived by the Development Services Director. There is no storm drainage system located within NE 20th Street. Staff from the City's Plan Review Section reviewed this project for compliance with the adopted 1990 King County Surface Water Design Manual. This project is exempt from stormwater detention and water quality requirements per the 1990 King Count Surface Water Design Manual. Roof drains shall be tightlined to the City's storm system whenever feasible. Infiltration may be permitted if the soils are acceptable. Due to the potential for erosion and sedimentation to occur during project construction, staff recommends as a condition of approval that erosion control be installed and maintained during construction in accordance with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in the 2005 Stormwater Management Manual. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. Surface Water System Development Charges of $759 per new single family parcel will be required for this short plat. This fee must be paid prior to issuance of the construction permit for the short plat. AdminRPT Blueberry Haven Short Plat.doc City of Renton P/BIPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07-131, SHPL-A, ECF Page 9 Utilities: There is an existing 6-inch water main fronting the site in NE 20th Street and an 8-inch main in Jones Ave NE. Derated fire flow from the 6-inch is approximately 1,150 gpm. Static water pressure in the area is approximately 70 psi. The proposed project is located in the 435 Water Pressure Zone and is inside Aquifer Protection Zone 2. The required fire flow for single-family residences is 1,000 gpm, and a fire hydrant is required to be located within 300 feet of all single-family residences. If the building square footage (including garage area) exceeds 3,600 square feet in area, the minimum fire flow increases to a minimum of 1,500 gpm and requires 2 hydrants within 300 feet of the structure. This distance is measured along the travel route. Existing and new hydrants will be required to be retrofitted with Storz "quick disconnect" fittings if not existing. All short plats shall provide a separate water service stub to each building lot prior to recording of the plat. Separate permits and fees for water meters will be required_ There is an existing 8-inch sewer main in NE 20th Street. The applicant is responsible for providing sanitary sewer to serve the lots with a minimum slope of 2 percent. Dual side sewers will not be allowed. This parcel is subject to two Special Assessment Districts, the NE 201h & Jones SAD and the West Kennydale SAD. The fee for the NE 201h & Jones SAD is based on square footage. The rate is site square footage x a rate of 0.27926559. The fee for the West Kennydale SAD is based on a rate of # new lots x $1,050. Payment of these fees will be required prior to issuance of utility construction permit. System Development Charges of $1017 per each new lot are required. These fees are collected prior to the issuance of a construction permit and prior to the recording of the short plat. H. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request. The applicant has requested Administrative Short Plat Approval for the Blueberry Haven Short Plat, File No. LUA-07-131, SHPL-A, ECF. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Low Density (RLD) land use designation. 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Residential - 4 (R-4) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions of approval are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential Single Family (zoned R-4); East: Residential Single Family (zoned R-4); South: Residential Single Family (zoned R- 4); and West: Residential Single Family (zoned R-4). 7- Setbacks: The setbacks for future development on the proposed lots would be evaluated based on the standards applicable to lots along streets existing as of March 1, 1995. The front yard area of proposed Lot A faces to the west towards Jones Avenue NE and the front yard area of proposed Lot B faces to the south towards NE 20th Street. An existing residence is proposed to be retained on Lot A. The existing residence does not comply with the required 30-foot front yard setback, however this is an existing non -conforming situation and the non -conformity would not be increased by the approval of the proposed short plat. The existing residence would comply with the remaining rear and side yard setbacks. 8- System Development Charges: A Water System Development Charge, a Surface Water System Development Charge and a Sewer System Development Charge, at the current applicable rates, will be required for the new single-family residence as part of the construction permit. AdminRPT Blueberry Haven Short Piat.doc City of Renton PIBIPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007, PROJECT LUA 07-131, SHPL-A, ECF Page 10 9. Public Utilities: The applicant will be required to install individual water and sewer stubs to serve the new lots. In addition, any existing and new fire hydrants must be fitted with 5" quick disconnect Storz fittings. I. Conclusions: 1. The subject site is located in the Residential Low Density (RLD) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential — 4 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation provided all advisory notes and conditions of approval are complied with. 3. The proposed two lot short plat complies with the subdivision regulations as established by city code and state law provided all advisory notes and conditions of approval are complied with. 4. The proposed two lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. J. DECISION: The Blueberry Haven Short Plat, File No. LUA-07-131, SHPL-A, ECF is approved subject to the following conditions: 1. The Gordley/Denzler Lot Line Adjustment shall be recorded prior to the recording of the Blueberry Haven Short Plat. 2. A tree planting plan shall be submitted prior to the issuance of a building permit showing the location of a minimum 2-inch caliper tree on the project site. The plan shall be submitted to the Development Services Division project manager for review and approval. 3. The applicant shall be required to pay a Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip attributable to the project (estimated at $717.75)_ The Transportation Mitigation Fee shall be paid prior to the recording of the final short plat. 4. If the applicant proposes to provide a minimum 25-foot buffer from the edge of the on -site wetland, then a wetland buffer enhancement plan shall be submitted and approved prior to the issuance of a building permit by the Development Services Division project manager. If the applicant does not want to enhance the 25-foot buffer, the wetland buffer area will need to be increased to an appropriate width as determined utilizing best available science. 5. A Native Growth Protection Easement (NGPE) shall be recorded over the wetland, stream, and associated buffer areas prior to or concurrent with the recording of the final plat map. 6. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division project manager at the time of Utility Construction Permit Application for review and approval. The fencing and signage shall be installed prior to the recording of the final plat. 7. The applicant shall be required to pay a Fire Mitigation Fee at the rate of $488.00 per new single-family lot (estimated at $488). The Fire Mitigation Fee shall be paid prior to the recording of the final short plat. 8. Erosion control shall be installed and maintained during construction in accordance with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in the 2005 Stormwater Management Manual_ DATE OF DECISION ON LAND USE ACTION: SIGNATURES: Gregg A. Z mmer an, PIBIPW Administrator decision date AdMORPT Blueberry Haven Short Prat. doc City of Renton PIBIPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07-131, SHPL-A, ECF Page 11 TRANSMITTED this 101h day of December, 2007 to the Owner/ApplicantlContact. Richard and Lauralee Gordley 2010 Jones Avenue NE Renton, WA 98056 TRANSMITTED this I e day of December, 2007 to the Parties of Record: Denise Blackmau 2100 Jones Avenue NE Renton, WA 98056 Sue Larson -Kinzer 1733 NE 20th Street Renton, WA 98056 Robert Cave 12518 E 17th Street Bellevue, WA 98005 Susan Rider 1835 NE 20th Street Renton, WA 98056 Barbara Hicks 10402 151 st Avenue SE Renton, WA 98059 William O'Conner 10402 151st Avenue SE Reton, WA 98059 TRANSMITTED this 1 e day of December, 2007 to the following. - Larry Meckling, Building Official Bob Van Horne, Deputy Fire Chief Neil Watts, Development Services Director Jennifer Henning, Current Planning Manager Jan Conklin Carrie Olson Renton Reporter Land Use Action Appeals & Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197- 11-680 ). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on December 26, 2007. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. AdminRPT Blueberry Haven Short Plat.doc City of Renton PIBIPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007, PROJECT LUA-07-131, SHPL-A, ECF Page 12 ADVISORYNOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: Fire 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi -family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p_m_, Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m_ and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1 st and March 31 st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4_ Two ornamental trees, a minimum caliper of 1-112 inches (deciduous) or 6 — 8 feet in height (conifer), shall be planted or retained within the 15-foot front yard setback area for the proposed lots. 5. The minimum amount of landscaping required for sites abutting a non -arterial public street is 5 feet provided that if there is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped_ A determination has been made that if no additional area is available within the public right- of-way due to required improvements, the 5-foot landscaped strip may be located within private property abutting the public right-of-way. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately_ 6. A detailed landscape plan complying with the requirements set forth under RMC 4-8-120D shall be submitted at the time of Final Plan review for review and approval by the Development Services Division Project Manager. 1. The minimum fire flow required is 1,000 gpm for dwellings up to 3,600 square feet in area. One fire hydrant is required within 300 feet of the structure. For dwellings over 3,600 square feet (including garage and basement area), fire flow increases to 1,500 gpm and a minimum of two fire hydrants within 300 feet area required. Plan Review —Water 1. Fire flow available to the site is 1,150 gpm. Due to the limited fire flow available, construction of a residence larger than 3,600 square feet may not be feasible. Contact Corey Thomas of the Renton Fire Department at (425) 430-7024 for more information. 2. Water System Development Charges are based on a rate of $1,956.00 per new single-family lot. Fees based on the proposed short plat are $1,956.00. Credit is given for the existing home_ Payment of this fee will be required prior to the issuance of a utility construction permit. 3. Existing hydrants to be counted as fire protection will require the installation of a "stortz" quick disconnect fitting if not already in place. 4. Separate water service stub is required to be provided to each new lot prior to recording of the short plat. Plan Review — Sewer 1. Sanitary Sewer System Development Charges are based on a rate of $1,017.00 per new single-family lot. Fees based on the proposed short plat are $1,017.00. Payment of this fee will be required prior to issuance of utility construction permit. 2. This parcel is subject to two Special Assessment Districts (SAD). NE 10"' and Jones SAD is based on AdminRPT Blueberry Haven Short Plat. doc City of Renton PIBIPW Department Administrative Land Use Action REPORT AND DECISION DATED December 10, 2007; PROJECT LUA-07-131, SHPL-A, ECF Page 13 square footage. The rate is the square footage of the site multiplied by a rate of 0.27926559. The West Kennydale SAD is based on a rate of the number of new lots multiplied by $1,050. Payment of these fees will be required prior to the issuance of a utility construction permit. 3. A separate sewer stub is required to be provided to each new lot prior to recording of the short plat. Minimum slope for side sewers is 2%. Plan Review — Surface Water 1. The Surface Water System Development Charges are based on a rate of $759.00 per new single-family lot_ Estimated fees based on the proposed short plat are $759.00. Payment of this fee will be required prior to the issuance of a utility construction permit. 2. Roof drains shall be tightlined to the storm system whenever feasible_ Infiltration is allowed if soils are acceptable. 3. A conceptual drainage narrative has been submitted and reviewed. This project is exempt from detention and water quality per the 1990 King County Surface Water Design Manual, 4. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. Plan Review — Transportation 1. Half street improvements including sidewalk, curb, gutter, paving, and storm drainage are required to be installed fronting the site in NE 20 Street and Jones Avenue NE. The applicant may submit an application requesting to pay a fee in lieu of installing the improvements to Development Services. 2. Street lighting is not required. 3. The applicant will be required to comply with the City of Renton's Trench Restoration and Street Overlay Requirements. 4. A traffic control plan, approved by the City will be required for any construction impacting the City's right- of-way. Plan Review — Miscellaneous 1. Separate permits and fees for side sewers, water meters, and storm drainage connections are required. 2. Applicant shall be responsible for securing all necessary public and/or private easements. 3. Proposed new rockeries or retaining walls to be constructed that are greater than four feet in height will require a separate building permit for structural review. A geotechnical report is required with the submittal. 4. All wire utilities shall be installed underground per the City of Renton Under Grounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. Additional under grounding may be required by Puget Sound Energy_ AdminRPT Blueberry Naveo Short Plat.doc CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA07-131, SHPL-A, ECF APPLICANT: Richard and Lauralee Gordley PROJECT NAME: Blueberry Haven Short Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Short Plat approval and Environmental (SEPA) Review for the subdivision of a 37,714 square foot site into two lots in the Residential - 4 dwelling unit per acre (134) zone. An existing single family residence is proposed to remain on Lot A. Lot A is proposed at 17,930 square feet and Lot B is proposed at 19,784 square feet in area_ Access to Lot A would be provided off of Jones Avenue NE and access to Lot B would be provided off of NE 20th Street. A 9,601 square foot category 3 wetland and a class 4 stream have been identified on the project site_ LOCATION OF PROPOSAL: 2010 Jones Avenue NE LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: 1. The proposed short plat shall comply with the recommendations found in the Critical Areas Study prepared by Steward and Associates, dated April 17, 2007_ ERC Mitigation Measures Page 1 of 1 1 o W N W V � 1 ao 9. paWe a4VryV `� frQp�7 � W V + I Suf "i o'4w aGRn N cV 4 $ Q N 4 1 J t We oil A � a U�. �/J/r Y� ///j" h og'i�w ,EO'IEi X. dE E• OCN � •��1y } f1 �NgOh'• / f � ` � W w� F~_ 4 4 Z o V J ww` H "p Ao tryN� oN 7s cis!lilt Ci S nit 1 1 ME `- ALL OV1 n 'by PftiVPih X.ze.sc.aaw vE-s5� X-zE.SE.PPN o a v� FEW41 P J Y /la f b 11 own •tq �� �ti . r-9 i `? 1 q :q � ® 4 �i h 'F" � � I 0 � O 4 N' tin x co Ot� 4 w z- r�wm = N a in V ti444 p N y o V+ \ W ns W o �vryi v4i vbi 4 ry � _ q� ` �/A V pVi v1 4 .. � `z F.-1 Ty � ��'�// {•'': Z p � W F j `d ,. 1 • N� \.� � '� �Y �= iy 'fib � I C, xz;> ',m• p oei � — q � 9r ` k �W�w� ap � 4d off+ �j / o m LN �Oj .a wx y °'v;�"..�/x.. 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Boundary Name: LOT A AREA Point Number Description Sta Northing Fasting Bearing ------------------------------------------------------------------------- Distance 0 0+00.00 5301.660 10027.281 N89°2910011E 255.50 ft 0 2+55.50 5303.964 10282.771 S00035132"E 70.00 ft 0 3+25.50 5233.968 10283.494 S89029100"W 255.60 ft 0 5+81.10 5231.663 10027.904 N0003110011W 70.00 ft 0 6+51.10 5301.660 10027.273 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area _-a.aaool _-0.00769 N89056'12"E 0.00769 651.10 (651.10) = 1/84649 = 1/76630525 1/84649 = 17888.42 SQ FT = 0.41 ACRES P GeoDimensions Inc. 1-425-396-0732 Friday, January 04, 2008 10:03:37 AM PROJECT: GORDLEY SHORT PLAT JOB NO. 6309 CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT B AREA Point Number Description Sta Northing Easting Bearing Distance ------------------------------------------------------------------------ 0 0+00.00 5233.061 10182.901 N8902910011E 100.60 ft 0 1+00.60 5233.968 10283.497 S00035132"E 195.34 ft 0 2+95.94 5038.638 10285,516 S88016'14"W 100.88 ft 0 3+96.82 5035.594 10184.682 N0003110011W 197.48 ft 0 5+94.30 5233.066 10182.901 ------------------------------------------------------------------_-_-_-- Closing latitude = 0.00501 Closing departure = 0.00015 Closing bearing = S0104013811W Closing distance = 0.00501 Total traverse length = 594.30 (594.30) Total error of closure = 1/118634 Error of closure in latitude = 1/118685 Error of closure in departure = 1/4053193 Area = 19784.36 SQ FT Area = 0.45 ACRES