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HomeMy WebLinkAboutMiscPROJECT REQUEST FORM PLANNINGBUILDING/PUBLIC WORKS I DATE: CONTACT: EXT. FILE STATUS UMW OR ❑ EXISTING: FILE CODE (PRI-Xx-xxxX): LOCATION 10 My Work Space: 10 File Bay Shelf #: ther: PROJECT NAME/ FILE TITLE: 5 (70 characters max) UTILITY PERMIT # LUA# ('D 9 WO# ADDRESS / STREET NAME(S); � t1� ,C � XS7:-%/„�/�T DEV: ; CNTR: ; OWN: CNSLT/ENG: OTHER ALIASES: C(.!l Z to ircle Size of Waterline: 8" 10" 12" Circle One: New / Replace / Extension :�ircle Size of Sewerline: 8" 10" 12" Circle One: New / Replace / Extension �ircle Size of Stornzline: 12" 18" 24" Circle One New / Replace I Extension CHECK EACH DISCIPLINE INVOLVED IN PROJECT l'tr Drwg # of sheets ❑ TED ❑ 0 ❑ TRO (off site improvements) (include TESC) ❑ ❑ (Signalization, Channelization, Lighting) ❑ wwP ❑ (sanitary sewer main, include basin name) ❑ WTR ❑ (Mains, Valves, Hydrants) ❑ S WP ❑ (CIP only)(include basin name) ❑ PLR (For Developer Files Only) (inc. composite & HorizontalCtri) N ❑ Getter only) PLEASE CIRCLE THE DISCIPLINES WHICH NEED TO SIGN MYLARS WATER WASTEWATER SURFACE WATER TRANSPORTATION FIRE FOR FH-F. AMATNTAWANCF USE ONLY File Codes File Alias bate Entered and Labels Made 4 - -A March 9 2007 Mazen Haider, P.E. King County, DDES 900 Oaksdale Avenue SW Renton, WA 98055-1219 RE: Nellis Short Plat — Project # L05SO064 Response to Comments Dear Mazen: The following letter is in response to your comment letter dated 02/13/2007. Each item below addresses the corresponding comment in the letter: SHEET 1: 1. Please provide the United States Postal Services (USPS) Approval Stamp and Signature for mailboxes location. See Attachment Please do not just respond by saying "Comment Addressed - See Revised Plans", please indicate what modification, changes, adjustments you made to take care of each review comments and how you did that, and indicate where the adjustment or changes are located on plans. Indicate sheet number and location on the sheet. SHEET 2: 1. We were unable to verify that redline markups per our pervious review dated 11-15-06 were addressed properly because you did not resubmit the plans redline markups. Please include/submit all plans redline markups for this review and the pervious review as well. Original Markups will be submitted. 2. Identify clearing limits on plan. The clearing limits have been clearly labeled on sheet C2.0. Page 1 SHEET 3: 1. Provide information on the typical road section as shown in red on plans, per our previous review, and submit previous redline markups. We have updated the road section per the markups as well as we have matched the proposed road section for the adjacent plat to the west, Kristen Woods. 2. Please adjust H.C. Ramp to show no angle point; the ramps should have the same alignment as the SW. We have revised the H.C. ramps as noted. 3. Label the interceptor infiltration trench dimensions on the plan. We have labeled the French drain begin and end locations (N. E.) and labeled the length of the trench. 4. Provide profile design for the stormwater line from CB # 3 to CB # 1 We have profiled this run — See sheet C3.2. 5. The plans shall show adequate drainage BMP measures per the 2005 KCSWDM for small sites. The perforated stub -outs are required under the 2005 KCSWDM and should be used in conjunction with required BMP's. Please show on plans with standard details and provide design calculations in TIR. See the small site calculations on sheet C3.0 and discussed in the TIR. 6. Please remove all shadings from the plan set, it will not be accepted. All shading has been removed. 7. Please provide adequate grading information to show how drainage BMP's will work at the north end of the SW per County standards. Upstream drainage has been shown on Sheet C3.0 and discussed in the TIR. Upstream of the property there is approximately 130 feet of paved roadway that will make its way into the proposed storm system along the property frontage. Currently water travels by way of channel flow along the existing edge of pavement from a point 130 feet north of the northwest property corner to an existing ditch that runs south along the Nellis property frontage. This ditch continues south off the property. Under the developed conditions the runoff from the north will continue to channel flow along the existing edge of pavement where it will be intercepted by the proposed catch basin located at the northwest corner Page 2 of the site. See section 1 of Appendix B in the TIR for Upstream Basin along 104« Avenue SE figure. 8. Please show 10:1 pavement taper from proposed back of sidewalk to shoulder transition to existing edge of pavement, instead of 5:1 taper, if adjacent driveways need to be adjusted or modified, then show that work on plans per the 1993 KCRS. We have updated the taper to a 10:1. 9. In the construction notes and for items 2 and 4 please clearly indicate what features that should be adjusted and name the responsible party(ies) for the proposed adjustment, and show all related standard details. We have included a list of the services on sheet C3.0 10. Please clearly label City of Renton 1 King County boundary line on plans. A dark line has been used on sheet C3.0 to delineate the boundary. SHEET 3.2 1. Please show ditch flow line in profile, and extend proposed design grade at road center line to match with existing grade, show stations and elevations. Property lines stations in this profile. SHEET 4 TIR We have added the flowline profile and the property lines in the profile. The ditch to the south will be filled in downstream of the site so no ditch profile was added. 1. Remove shading from plans. Shading has been removed. 1. Even though the proposed sub -division does not appear to fall the 2005 Surface Water Design Manual for Large Site BMP, the impervious areas calculations should be revised per our redline check as shown in the TIR. See Core Requirement No. 3 discussion on page 4 of the TIR for calculations. Page 3 2. Please indicate what type of TESC measure will be used during construction in TIR. See Core Requirement No. 5 on page 5 of the TIR for discussion of erosion control BMPs. 3. Please indicate what type of drainage BMP will be used, show design calculations and show on plans with standard details. See Core Requirement No. 3 discussion on page 4 of the TIR for calculations. 4. Explain how upstream surface flows will be managed for the post developed conditions. See Upstream Drainage Analysis on Page 3 of the TIR for discussion. 5. Please revise the Bond Quantities Calculations Work Sheets as needed. Bond quantities have been updated and are presented in the TIR. GENERAL 1. Trees larger than 8" in diameter are considered Significant Trees, please submit Tree Retention Plan. See Attachment 2. Please submit Stormwater Pollution Prevention Plan per the 2005 KCSWDM. Not applicable. Regards, Site Development Associates, LLC Scott Mesic, P.E. Page 4 Free Retention Plan Comments This is in regards to Review comment, "Please provide separate Trees Retention Plan." The trees that are on the Nellis Property, project # L05SO064 and activity # L06SR055, are not significant trees. There is only a total of 3 trees. There are 2 Fruit trees and 2 Cottonwoods. The diameter of the trees is the 2 Cottonwoods- 30 in. each and the 2 Fruit trees- 12 in. Please let us know if this falls under the King County code of being a "Significant Tree." We are adding three new trees along the front of the sidewalk in a planting strip. These are going to be planted according to the King county Street Tree Standards. Thank you Jonathan M. Harkovich Davis & Kurth Consulting � a w C.� S u c>Ui cD W r' it w „ l J King County Department of Development And Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 REMOVED JAN 4 9 2007 Engineering Plans Review CommelNGCOU� D USE SERVICES Project Type : Short Plat -- 4 Lots Review Date: 11-15-06 Reviewer Name: Mazen Haidar, P.E. Project Name: Nellis Short Plat Review No.: 1s Email : mazen.haidar@metrokc.gov Project Number : L05SO064 Phone: (206) 296 - 7133 Activity Number: L06SR055 Fax: (206) 206 - 6613 Sub BackCheck Reference Item Review Comments Consultant Response Item Sheet 1 1 Show the United States Postal Services Approval Comment addressed -Please see revised plans. Stamp and Signature for mailboxes location, and use the correct standard detail for the mailbox per the 1993 King Coun Road Standards KCRS . 2 Please show the site soils map on the cover sheet Comment addressed — Please see revised plans. 3 Please show the Short Plat Conditions of Approval Comment addressed — Please see revised plans. Sheet 2 1 We are matching existing improvements along 1041" Avenue. The property to the northwest, across and to the north from the Nellis site constructed their curb approximately 14.5 from the Right -of -Way Centerline Revise the standard road section and plan view to show and 16 feet to the construction centerline. The that is road centerline same as ROW centerline. proposed project currently under construction across the street from the Nellis site (Kristen Woods) is match�tlathis section. In order to achieve the required32]oot roadway width we are matching the Construe ion Centerline rather than the right-of-way centerline. Sheet 1 of 4 Sub BackCheck Reference Item Review Comments Consultant Response Item 2 Provide information in the typical road section as shown Comment Addressed — See revised Plans. in red on plans. 3 It is our understanding that proposed frontage Comment Addressed — See revised Plans. improvements curb, gutter, and sidewalk need line-up with existing curb, gutter, and sidewalk approximately 200-feet north of the subject site, please show this existing Improvements on plans. 4 Please show and clearly label existing grade contour Comment Addressed — See revised Plans. lines in the 104 Ave. and on -site, grade contour lines shall extend minimum 50-feet beyond all site boundary lines. 5 Please remove shading for proposed paving from the We have kept the road shading, but made it much plan view and clearly show existing edge of pavement. easier to see through on the plans. 6 Please clearly show how surface runoff at the north Runoff currently travels along the edge of pavement in terminus of the frontage improvement will be managed this section. We will pick this runoff up in or proposed in the developed conditions. catch basin. 7 Please show 10:1 pavement taper from proposed back of sidewalk to shoulder transition to existing edge of We are proposing a 5:1 taper due to existing ,. driveways adjacent to the site. pavement. 8 Please show sidewalk to should transition standard Comment Addressed — See revised Plans. detail per the 1993 KCRS, DWG. 4-004 9 Show profile design for the road centerline and the th Comment Addressed — See revised Plans. proposed storm conveyance system in 104 Avenue. 10 Please make sure a minimum of 2-feet cover is provided Comment Addressed — See revised Plans. along the entire length of the proposed storm 1/ conee antes stem except at discharge locations. 11 Please provide rock pad protection at storm pipe out -fall Comment Addressed — See revised Plans. in the existing ditch with dimensions and standard detail 12 Show invert elevations with stations and stations off -sets Comment Addressed — See revised Plans. for the proposed individual storm connections, and t/ revise the pipe size to 6" diameter. 13 Extend the proposed storm line for the individual Comment Addressed — See revised Plans. / connections as shown in red on plans, and provide V minimum 10-feet drainage easement across the proposed lots frontage. Sheet 2 of 4 Sub Back Reference Item Review Comments Consultant Response Check Item 14 Please show on plans how the upstream surface flows will intercepted and managed in the developed We are proposing to pick this a French Drain J located along the east property line. pr [/ conditions and show all necessary details and drainage easements. i 5 In the construction notes and for items 2 and 4 please Plans have been updated. clearly indicate what features that should be adjusted and name the responsible party(ies) for the proposed adiustment, and show all related standard details. i8 Please show street tress on plans and show Comment addressed -See revised Plans. standard detail er the 1993 KCRS. 17 Please revise the plans approval stamp as show on red. Comment Addressed — See revised Plans. 18 Clearly show all lot lines bearing and distance Comment Addressed — See revised Plans. Information and label lots numbers. 19 Please clearly label City of Renton / King County Comment Addressed — See revised Plans. boundary line on plans. 20 The proposed typical 'h street section shall be revised to See response for comment no. 1 — Sheet 2. show minimum of 20-feet from the ROW centerline, refer to pla s redline markups for more information. Sheet 3 1 Please use the correct standard details for the proposed Comment Addressed -- See revised Plans. c� mailbox, and driveways curb cuts per the 1993 KCRS, DWG. 3-004, 3-005 & 5-012. TIR 1 Please provide accurate and clear impervious areas Comment Addressed — See revised Report. calculations for the pre and post developed conditions. 2 Please provide clear threshold assessment to show Comment Addressed — See revised Report. eligibility for using the small site drainage manual. 3 Please indicate what type of TESC measure will be used Comment Addressed — See revised Report. bL during construction. 4 Please indicate what type of drainage BMP will be used Comment Addressed —See revised Report. show design calculations and show on plans with standard details. 5 Explain how upstream surface flows will be managed for Comment Addressed — See revised Report. the post developed conditions. 6 Provide Bond Quantities Calculations Work Sheets Comment Addressed — See revised Report. Sheet 3 of 4 Sub Back Reference Item Review Comments Consultant Response Check Item General 1 Please provide a separate sheet plan show the site Comment Addressed -See revised Plans. / / existing conditions only with complete horizontal control information such as section and quarter ties and monuments, line bearing and distances. 2 Please provide separate Trees Retention plan Comment Addressed -See revised Report. t Ll_ 3 Please provide separate Temporary Erosion and Comment Addressed — See revised Plans. Sedimentation Control (TESC) plan with standard details and notes and construction sequence notes. 4 Show a note on plan indicating that 1" min. of full road Comment Addressed —See revised Plans. width pavement overlay shall be provided across the entire short plat frontage in 1041h. 5 Per the short plat conditions of approval 8A please Comment Addressed -See Attached Density provide density calculations for the proposed lots. Calculations. Sheet 4 of 4 Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 October 30, 2006 Johnathan Kurth Nellis Property LLC 1201 Monster Road SW Suite 320 Renton, WA 98055 RE: Permit Fee Estimate Project: Nellis Short Plat File Number: L06SR055 Dear Applicant: Thank you for submitting the engineering plans for site development of the Nellis short plat. To implement the engineering review process, our office will use a new procedure for managing the permit application to provide applicants with an enhanced level of customer service. A project manager will be assigned to your project to provide a fee estimate for the anticipated scope of review and will also monitor and manage the permit application throughout the review process. Your application for engineering review was received by our office on October 10, 2006 and will be processed using the Project Manager Program. The enclosed information provides a summary of the fee estimate for the anticipated work disciplines and also discusses the submittal process and disclaimers which may affect the final permit fees. The fee estimate includes the scope of work for engineering plan review only and does not evaluate other final plat requirements such as construction inspection and review of plat recording documents. Based upon the current engineering submittal, your application proposes to comply with requirements for small site drainage review and best management practices as outlined in the 2005 drainage manual; however, the design calculations regarding compliance with these requirements are unclear. During the review process our office will perform a more detailed evaluation to determine if the project qualifies for the small site drainage review. Our initial screening process also identified several requirements for the short plat which were not addressed in the submittal. The missing design information is listed as disclaimers in the attached fee estimate form. Due to the additional information required to finalize our review, the fee summary is a rough estimate subject to modification based upon the disclaimers noted in the fee estimate form. Johnathan Kurth October 30, 2006 Page 2 Once the fee estimate form is signed and submitted to our Department along with the estimated fee payment, your project will be assigned for further review. All fee payments shall be made to the cashier in the DDES permit center using activity number L06SR055 and the signed fee estimate form shall be mailed to my attention in the Land Use Services Division. If you have any questions regarding the permit fees or other aspects of the engineering review process, please contact the project manager, Pete Dye via email pete.dye@metrokc.gov or by telephone at 206-296-7185. Sincerely, A� Peter Dye, P.E. Senior Engineer Enclosure cc: Darrell Offe O King County Land Use Services Division Permit Fee Estimate Pre-app Estimate Number: L06SR055 I Date: 10/30/06 Permit Title: Nellis Short Plat Permit Type: SITEREVS -- Engineering Plan Based on permit information submitted by the applicant, the Department of Development and Environmental Services (DDES) has determined the amount of review fees for the subject application. The fees shown below do not include ancillary permit fees, recording fees, project -related mitigation fees, or other fees that are passed through to the applicant from other agencies or as part of the project's environmental review. Fixed Fees: Counter Service Fee for Application Intake $205.28 Tree Retention Review $1,086.75 Structural Review (Fees determined before plan approval) Other Fixed Fees Total Fixed Fees: $1,292,03 Estimate for Hourly Fees: ( 75 Hours x $144.90) $10,867.50 Fee Deposit Paid-$784.88 Total Permit Fee Estimate: $11,374.65 Note: The estimate for hourly fees stated above is based on the total estimated number of hours not to exceed 75 hours for the disciplines listed below, and is calculated using the department's hourly rate in effect at the time the work is performed. Based upon the financial disclosures found on page 2, the number of hours required may be modified. The total estimated hours reflect work performed by the following disciplines: Engineering Review, Survey Coordination, Project Management, Constructahility Review, Traffic, and Planning, After receiving the fee estimate from DDES, the applicant has ninety (90) days to complete the application submittal. Please call 206-296-6797 to set up an appointment with the Permit Center to complete your application and payment. If the application is not received within ninety (90) days, the applicant may be required to obtain a new fee estimate or this activity may be cancelled. For further questions on this fee estimate or for other requirements about this permit application, please contact Pete Dye via email pete.dymetrokc.gov or by telephone at 206-296-7185. yzloit, Peter D e, P.E. Senior Engineer Land Use Services Division Project Manager,dot 1/26/04 Page 1 SKing County Land Use Services Division Permit Fee Estimate Engineering Activity No.: L06SR055 Date: 10/30/06 Permit Title: Nellis Short Plat Permit Type: SITEREVS — Engineering Plan Estimated Maximum Hours: 75 Applicant: Johnathan Kurth Total Fee: $11,374.65 The following disclaimers are attached and are „part of the fee estimate for this permit. The applicant is required to -submit a signed copy of this form_ with the application and fee payment acknowledging that the applicant has read the disclaimers stated below. Disclaimer Applicants are responsible for all fixed fees, reported hours performed in reviewing submittal materials and processing, up to the fee estimate. Changes in the scope of the project review will result in a revised review fee estimate. Fee estimates are based on information submitted to DDES by the applicant prior to finalization of the permit application. In addition, estimates are determined by utilizing historical data gathered from projects of similar type, size, and scope. The fee estimate will be the maximum fee charged unless the scope of the project changes. Should fewer hours be required to complete the review, then the applicant may receive a refund for those hours. If items are identified that are not originally disclosed or identified later in the process, a new estimate may be required. Applicants will be responsible for any additional hours identified in a new estimate because of: 1) Changes in the project and unknown or undisclosed site issues. 2) Incomplete information or errors in applicant submittal. 3) County code fee changes. 4) Fees for Forest Practices Permit if determined necessary. 5) Fees for variance applications and/or structural permit review. 6) More than one major set of redline comments and one minor set of redline corrections. o� 7) Short Plat Condition 6 — Tree retention plan not provided per KCC 16.82.156. 8) Short Plat Condition 8A — Density information not provided. d, 9) Short Plat Condition 8B - Street tree plan not provided. 10) Further evaluation required for flow control BMP's. Keeping review fees at or below the fee estimate will depend on the applicant's commitment to complete the process review, This commitment should include submitting materials which address all County codes, policies, previously approved conditions, and responding to the County's request for corrections or additional information in a timely manner, not to exceed 90 days. Acknowledged: Applicant/Owner Name (print) Date: Applicant/Owner Name (signature) Project Managendot 1/26/04 Page 2 0 Ming County Department of Development and Environmental Services Land Use Services Division 900 Dakesdale Avenue Southwest Renion, Washington 98055-1219 206-296-6600 TTY 206-206-7217 Subdivision Density and Dimension Calculations Alternative formats available upon request File Number (To be filled in by DDES) PRELIMINARY SUBDIVISION WORKSHEET RELATING TO DENSITY AND DIMENSIONS Several development regulations play a role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code (Title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre -application conferences are required prior to submittal of a subdivision or short a subdivision. These conferences help to clarify issues and answer questions. They m save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 to find out how to arrange for a pre -application conference. Worksheet Prepared By: Kenneth R. Anderson, PLS Date: 10/24/2005 (Print Name) Subdivision Name: Nellis:PropertN Short Plat'` Comprehensive Plan Land Use Designation, Urban Residential, Medium 4-12du/ac Zoning: R-8-80 If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. If a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of K.C.C. 21A.12.200. Please complete only -the applicable portions of this form Site Area (K.C.C. 21A.06.1172) also see_tK.C.C. 21A.12.080y: Site area (in square feet) is the gross horizontal area of the project site, less submerged lands as defined by K.C.C. 21A.06.1265, and less areas which are required to be dedicated on the perimeter of a project site for the public rights -of -way. square feet in submerged land (any land below the ordinary high water mark — see K.C.C. 21A.06.825) + 0 square feet in perimeter rights -of -way which will be required to be dedicated 0 Total Check out the DDES Web site at www.metrokc.aov/dries Subdivision Density and Dimension Calculations lc-cal-subden.pdf 12/10lD3 Page 1 of 6 o w � i- w Calculation: 17,880 Gross horizontal area of the project site — 0 Total submerged lands and rights -of -way 17,880 Site area in square feet NOTE: To continue calculations, convert site area in square feet to acres by dividing by 43,560 (0.410acGes) Site area in acres NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the following shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres is 195 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can be rounded up to 20 acres. No further rounding is allowed. (See K.C.C. 21A.12.080) It. Base Density fK.C.C. 21A.12.030 - .040 tables): The base density is determined by the zone designations(s) for the lot. du/acre III. Allowable Dwelling Units and Roundinq (K.C.C. 21A.12,070): The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from K.C.C. 21A.12.030 - .040 tables). 0 site area in acres (see Section 1.) X 8 base density (see Section 11) = 3 allowable dwelling units Except as noted below, when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of .50 or above shall be rounded up: and B. Fractions below .50 shall be rounded down. NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the number of dwelling units equaled 2.75, the result would be 2 dwelling units. Rounding up to 3 is not allowed. (See K.C.C. 21A.12.070(E)). IV. Required On -site Recreation_ Space fK.C.C, 21A.14.180): This section must be completed only if the proposal is a residential development if more than four dwelling units in the UR and R zones, stand-alone townhouses in the NB zone on property designated Commercial Outside of Center if more than four units, or any mixed use development if more than four units. Recreation space must be computed by Check out the DDES Web site at www.metrokc.aov/ddes Subdivision Density and Dimension Calculations Ic-cal-subden.pdf 1211D103 Page 2 of 6 multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (K.C.C. 21A.14.180). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per K.C.G. 21A.14.185. Apartments and town houses developed at a density greater than eight units per acre, and mixed use must provide recreational space as follows: 80 square feet X proposed number of studio and one bedroom units 170 square feet X proposed number of two bedroom units + 170 square feet X proposed number of three or more bedroom units + Recreation space requirement = Residential subdivisions, townhouses and apartments developed at a density of eight units or less per acre must provide recreational space as follows: 390 square feet X 4 proposed number of units = 1,560 Mobile home parks shall provide recreational space as follows: 260 square feet X proposed number of units V. Net Buildable Area K.C.C. 21A.06.797 : This section is used for computing minimum density and must be completed only if the site is located in the R-4 through R-48 zones and designated Urban by the King County Comprehensive Plan. The net buildable area is the site area (see Section 1) less the following areas: areas within a project site which are required to be dedicated for public rights -of -way in excess of sixty (60') of width + sensitive areas and their buffers, to the extent they are required by King County to remain undeveloped + 0 areas required for above ground stormwater control fadlities including, but not limited to, + 1 560 retentionldetendon ponds, biofls ltration swales and setbacks from such ponds and swale areas required by King County to be dedicated or reserved as on -site recreation areas. Deduct area within stormwater control facility if requesting recreation space credit as allowed by K.C.C. 21A.14.180 (see Section IV) + regional utility corridors, and + other areas, excluding setbacks, required by King County to remain undeveloped 1,560 Total reductions Calculation: 17,880 site area in square feet (see Sectionl) 1,560 Total reductions = 16.320 Net buildable area in square feet NOTE: convert site area is square feet to acres by dividing by 43,560 0.375 Net buildable area in acres Check out the DDES Web site at www.metrokc.ctov/ddes Subdivision Density and Dimension Calculations le-cal-subden.pdf 121101D3 Page 3 of 6 VI. Minimum Urban Residential Density (K.C.C. 21A.12.060): The minimum density requirement applies oMly to the R-4 through R-48 zones. Minimum density is determined by multiplying the base density in dwelling units per acre (see Section 11) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the K.C.C. 21A.12.030 table. The minimum density requirements maybe phased or waived by King County in certain cases. (See K.C.C. 21A.12.060.) Also, the minimum density requirement does not apply to properties zoned R-4 located within the rural town of Fall City. (See K.C.C. 21A.12.030(B)12.) Calculation: 8 base density in du/ac (see Section II) X 3.801 Net buildable area in acres (see Section V) = 85% X minimum density % set forth in K.C.C. 21A.12.030 or as adjusted in Section VII = 25 minimum dwelling units required VII. Minimum Density Ad"ustments for Moderate Slopes K.C.C. 21A.12.087 : Residential developments in the R-4, R-6 and R-8 zones may modify the minimum density factor in K.C.C. 21A.12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To determine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet in each slope increment by the median slope value of each slope increment as follows: 6000 sq. it 0-5% slope increment X 2.5% median slope value = 150 + o sq. It 5-10% slope increment X 7.5% median slope value = o + + o sq. ft 10-15% slope increment X 12.5% median slope value = o + + 11360 sq, f< 15-20% slope increment X 17.5% median slope value = 1992 + + sq. It 20-25% slope increment X 22.5% median slope value = + + sq. ft 25-30% slope increment X 27,5% median slope value = + + soo sq. ft 30-35% slope increment X 32.5% median slope value = 163 + * sq. ft 35-40% slope increment X 37.5% median slope value = + 17690 Total square feet zaps Total square feet in net buildable area adjusted for slope Calculation: 2305 total square feet adjusted for slope divided by 17eao total square feet in net buildable area = 0.1289 weighted average slope of net buildable area 13 % (Note: multiply by 100 to convert to percent — round up to nearest whole percent) Use the table below to determine the minimum density factor. This density is substituted for the minimum density factor in K.C.C. 21A.12.030 table when calculating the minimum density as shown in Section VI of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buildable Areas of Site: 0% -- less than 5% 85% 5% -- less than 15% 83%, less 1.5% each 1 % of average slope in excess of 5% 15% -- less than 40% 66%, less 2.0% for each 1% of average slope in excess of 15% Check out the DDES Web site at www.metrokc.pou/dries Subdivision Density and Dimension Calculations lc-cal•subden.pdf 1211=3 Page 4 of 6 EXAMPLE CALCULATION FOR MINIMUM DENSITY ADJUSTMENTS FOR MODERATE SLOPES: sq, ft 0-5% slope increment X 2.5% median slope value = + 10.000 sq. ft 5-10% slope increment X 7.5% median slope value = 750 + + 20.000 sq. ft 10-15% slope increment X 12.5% median slope value = 2,500 + + sq, ft 15-20% slope increment X 17.5% median slope value = + + sq. ft 20-25% slope increment X 22.5% median slope value = + + sq. ft 25-30% slope increment X 27.5% median slope value = + + sq. ft 30-35% slope increment X 32.5% median slope value = + + sq. ft. 35-40% slope increment X 37.5 % median slope value = + 30,000 Total square feet ' 3,250 Total square feet in net buildable area adjusted for slope 3,250 Total square feet adjusted for slope divided by 30,000 Total square feet in net buildable area 108333 Weighted average slope of net buildable area 11 % (Note: multiply by 100 to convert to percent — round up to nearest whole percent) Using the table above, an 11% weighted average slope of net buildable area falls within the 5% -- less than 15% range which has a minimum density factor of 83%, less 1.5% for each 1 % of average slope in excess of 5%. Since 11 % is 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%. This replaces the minimum density factor in K.C.C. 21A.12,030 table. Vlll. Maximum Dwelling Units Allowed fK.C.C. 21A.12.030 - .040): This section should be completed only if the proposal includes application of residential density incentives (K.C.C. 21A.34) or transfer of density rights (K.C.C. 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section III of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section II) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units. The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section II) of the underlying zoning of the development. 8 base density in dwelling units per acre see (Section II) X 150% = 12 maximum density 12 maximum density in dwelling units per acre X 0.410 site area in acres = s maximum dwelling units allowed utilizing density incentives (K.C.C. 21A.34) a base density in dwelling units per acre (see Section II) X 200% = 16 maximum density 18 maximum density in dwelling units per acre X 0.410 site area in acres = 7 maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (K.C.C. 21A.34) a base density in dwelling units per acre (see Section 11) X 150% = 12 maximum density 12 maximum density in dwelling units per acre X 0410 site area in acres = s maximum dwelling units allowed utilizing density transfers (K.C.C. 21A.37) Calculation: 3 base allowable dwelling units calculated in Section III + 1 bonus units authorized by K.C.C. 21A.34 + transfer units authorized by K.C.G. 21A.37 4 total dwelling units (cannot exceed maximum calculated above) Check out the DDES Web site at www.metrokcmov/dries subdivision Density and Dimension Calculations Ic-tat-subden.pdf 12/10/03 Page 5 of 6 1X. Minimum Lot Area For Construction K.C.C. 21A.12.100 : Except as provided for nonconformances in K.C.C. 21A.32: A. In the UR and R zones, no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero - lot -line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F, or RA Zones: 1. Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (K.C.C. 21A.12.100) X. Lot Width (K.C.C. 21A.12.050fB11: Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, provided than an access easement shall not be included within the circle. (See K.C.C. 21A.12.050). Lot Width Measurement Check out the DDES Web site at www.metrokc.gov/ddes subdivision Density and Dimension Calculations lo-cal-subdempdf 12110103 Page 6 of 6 PROJECT REQUEST FORM PLANNINGBUILDING/PUBLIC WORKS DATE:~] Cam' CONTACT: �" c EXT. FILE STATUS WW OR ❑ EXISTING: FILE CODE (P1U-Xx-x 'XXy LOCATION I ❑ My Work Space: 10 File Bay Shelf 9: ther: PROJECT NAME/ FILE TITLE: Z!5 � - 7 _ (70 characters max) 7 5z " LJ�JLICli' I Uir rKujtL I: 7 /I ri FAR IN UTILITY PERMIT # LUA# CJ I WO# ADDRESS / STREET NA,ME(S): /L ✓/i XS7- DEV: ; CNTR: ; OWN: CNSLT/ENG: OTHER ALIASES: Circle Size of Waterline: 8" 10" 12" Circle One: New / Replace / Extension Circle Size of Sewerline: 8" 10" 12" Circle One: New / Replace / Extension Circle Size of Stormline: 12" 18" 24" Circle One New / Replace 1 Extension CHECK EACH DISCIPLINE INVOLVED IN PROJECT La• Drwg # of sheets 0 ' TED _ _ ❑ ❑ (off site improvements) (include TESC) ❑ TRO ❑ 0 (Signalization, Channelization, Lighting) ❑ WWP ❑ ❑ (sanitary sewer main, include basin name) ❑ WTR 0 ❑ (Mains, Valves, Hydrants) (inc. composite & HotizontaiCtrl) ❑ S'WP Q ❑ (CL? only)(inciude basin name) ❑ PLR (For Developer Files Only) ❑ (totter only) PLEASE CIRCLE THE DISCIPLINES WHICH NEED TO SIGN MYLARS WATER WASTEWATER SURFACE WATER TRANSPORTATION FIRE FOR FILE MAINTAINANCE USE ONLY File Codes File Alias Date Entered and Labels Made 7- �- ,t Cling County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 August 1 Ph, 2006 Mr. Jonathan Kurth Davis Consulting, Inc. 1201 Monster Rd. SW, # 320 Renton, WA 98055 RE: Preliminary Approval for Short Subdivision No. L05S0064 Dear Mr. Kurth: The Land Use Services Division (LUSD) has completed review of the short subdivision application captioned above. The LUSD finds that the proposed short subdivision complies with the King County Land Segregation Code (Title 19A), Zoning Code (Title 21 A), and other applicable codes as specified in King County Code (KCC) 19A.08.060. The short subdivision is granted preliminary approval subject to the Conditions of Preliminary Approval attached hereto and incorporated herein by reference. Any aggrieved party may appeal this decision by the appeal deadline, which is August 28'h, 2006. The appeal procedure is enclosed for your information. The preliminary approval is valid for a period of 60 months from the date of this letter, unless an appeal is filed. In the event that an appeal is filed, the preliminary approval is valid for a period of 60 months from the date of the appeal decision. Enclosed are the following: G Notice of Decision Conditions of Preliminary Approval Appeal Procedure If you have any questions regarding this letter, please contact Angdlica Velasquez, Program Manager, at (206) 296-7136 and Curt Foster, Engineer, at (206) 296-7106. Sincerely, Jim Sanders, P.E., Development Engineer, Engineering Review Section, LUSD Enclosures cc: Applicant File Lis Dinsmore, Supervisor, Current Planning Section, LUSD EMNOW19B OCT 10 2006 K.C. D.D.E.S. G" AgB - Alderwood gravelly, sandy loam; 0-6% slopes. Runoff is slow and the erosion hazard is slight. This soil type has a moderate limitation for low building foundations due to a seasonally high water table, and severe limitations for septic tank filter fields due to very slow permeability in the substratum. AgC - Alderwood gravelly, sandy loam; 6-15% slopes. Runoff is slow to medium and the hazard of erosion is moderate. This soil has a moderate limitation for foundations, due to a seasonally high water table and slope. It has a severe limitation for septic tank filter fields due to very slow permeability in the substratum. 3. Wetland/streams: According to the King County Sensitive Areas Folio, no mapped hydrographic features exist on or near this site, which lies within the Rolling Hills sub -basin of the Black River drainage basin. 4. Vegetation: This site is covered with small shrubs, lawn grass and small to medium-sized trees. 5. Wildlife: Small birds and animals undoubtedly inhabit this site; however, their population and species are limited due to nearby development. Larger species may also visit this site on occasion. 6. Mapped Sensitive Areas: According to the Sensitive Areas Folio, there are no mapped sensitive areas present on this site. D. DESIGN FEATURES 1. Density, Lot Pattern, Comprehensive & Community Plan/SDO: The proposal complies with the King County Code (KCC 21A), is designated Urban in the King County comprehensive plan and is located in the Soos Creek community planning area. All the special district overlays that once applied to this site (SO- 220, SC-P3, and KCC 16.82.095) have either been repealed or are now part of the Critical Areas Ordinance. The applicant proposes to achieve an increase in density (1 additional lot) through the transfer of development credit (TDC) program established by King County Code 21A.55. The STC has no objection to the increase in density. 2. Access/Roadway Section: Access to the short plat is from 104t Avenue SE, an urban sub -collector road. The current roadway is in a 30 foot wide right of way that has 17 feet of pavement and a ditch with driveway culverts along the frontage. This roadway has about a 5 % slope from the north down to the south. The bank next to the existing house is 4-5 feet above the roadway. The entering and stopping distances may be impacted if the bank remains in the present location. The boundary of the City of Renton is at the west edge of the existing right of way. This property is approximately 75 feet south of a- widened roadway section. The applicant, who is also the owner of the property to the west, states that he has applied for a permit from the city to develop a plat on that property. The subject proposal is to construct curb gutter and sidewalk improvements along the property frontage which aligns with the existing improvements and the proposed development directly to the west. 3. Drainage: The site is developed with a single family residence and a landscaped yard. The yard slopes down from east to west, and most of the run off will drain directly into the roadside ditch. The adjoining parcel to the east sheet flows onto the site. The roadside ditch is well maintained at this point and continues to the south through a series of driveway culverts. The adjoining land to the north also drains into this ditch and the drainage must be allowed to flow past the site. The proposal is to use small project drainage control by limiting the new impervious surface, perforated tightline downspouts and using permeable pavement for the driveway to meet the minimum Best Management Practices needed for small projects drainage review requirements. Report and Decision 2 of 8 L05SO064 0 91 C. - I i KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION 900 Oakesdale Avenue Southwest ' Renton, WA 98055-1219 REPORT AND DECISION SHORT SUBDIVISION File No. L05S0064 ; DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION; This is a short subdivision of .41 acres (17,880 sq. ft.) into 4 lots for detache' single- family dwellings in the R-8 SO zone. The proposed density is 10 dwelling un�ts per acre. Each lot measures approximately 4,445 sq. ft. in size. Based on the Onsity calculation worksheet submitted by the applicant, the number of dwelling units allowed is 3. The applicant proposes to achieve the increase in density (1 additional lot) through the transfer of development credit (TDC) program established by King County Code 21A.55. A revision modifying the conceptual drainage plan was submitted on June 9th, 2006. Refer to Attachment 1 for a copy of the short plat map. GENERAL INFORMATION: Owner/Applicant: Daric Nellis (425) 208-6542 16816 104th Ave. SE Renton, WA 98055 Engineer: Darrell Offe (425) 260-3412 Offe Engineers 13932 SE 159th PI, Renton, WA 98058 STR: SW 29-23-05 Location: 16816 104th Ave. SE, Renton, WA. Zoning: R-8 SO Acreage: .41 ac. (17,880 sq. ft.) Number of Lots: 4 Density: 10 d.u.lacre Lot Size: Each lot measures approx. 4,445 sq. ft. Proposed Use: Single family residential Sewage Disposal: Soos Creek Water & Sewer District Water Supply: Soos Creek Water & Sewer District Fire District: King County Fire District 40 School District: Renton School District 403 Complete Application Date: February 8th, 2006 NATURAL ENVIRONMENT Topography: The site slopes gently down towards a steep slope Iocat4d along the western border. 2. Soils: 1973. Report & Decision AgB and AgC soils are found on this site per King County Soil Sprvey,r� RO 0 Ro L05So064 4. Utilities: a. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by the Soos Creek Water and Sewer District. The district issued the applicant a certificate of sewer availability dated September 2"a, 2005. b. Water Supply. The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by the Soos Creek Water and Sewer District. The district issued the applicant a certificate of water availability dated September 2" d, 2005. 5. Schools: This proposal has been reviewed under RCW 58.17.110 and KCC 21 A.28 (School Adequacy). a. School Facilities: The subject subdivision will be served by Cascade Elementary, Nelson Middle School and Lindbergh High School, all located within the Renton School District. b. School Capacity: The Renton School Board has adopted capacity figures which indicate their ability to accommodate the anticipated students generated by this proposal. C. School Impact Fees: King County code requires that an impact fee per lot be imposed to fund school system improvements to serve new development within this district. Payment of this fee in a manner consistent with King County code is a condition of subdivision approval. d. School Access: The District has indicated that the future students from this subdivision will be bussed to the elementary and high schools and walk to the middle school. There are no sidewalks in the neighborhood. The bus stop for the elementary school is located at 106th Ave. SE & SE 166th St., and the bus stop for the high school is located at 108th Ave. SE & SE 1701h St. E. SEPA THRESHOLD DETERMINATION: This short subdivision application is exempt from review under the State Environmental Policy Act (SEPA), RCW 43.21 C. F. FINDINGS/CONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County (i.e. 1993 King County Road Standards, 2005 Surface Water Design Manual, etc.), based upon the conditions for final short plat approval. G. DECISION: Proposed Short Plat (file No. L05S0064), revised June 9th, 2006 as described by Attachment 1 of this report is GRANTED PRELIMINARY APPROVAL; subject to the following conditions of final approval: 1. KCC Title 19A — Compliance with Final Short Subdivision Requirements a. Compliance with all of the Land Segregation provisions of King County Code (KCC) Title 19A. b. The final short subdivision recording documents must be prepared by a professional land surveyor, licensed in the State of Washington. These documents shall comply with the conditions of approval listed in this letter. Report and Decision 3 of 8 L05S0064 C. The final review process must be completed prior to the recording of the short subdivision or the sale of any lots contained within. The Department of Development and Environmental Services (DDES) strongly recommends that the Final Short Plat review package be submitted to the department at least_ one year prior to the expiration date of the preliminary approval letter. d. All persons having an ownership interest in the subject property shall sign on the face of the final short subdivision. e. All utilities within proposed rights -of -way must be included within a franchise approved by the King County Council prior to final short plat recording. 2. Access requirements (KCC 14) 1993 King County Roads Standards (KCRS) Roadway improvements are required to address access requirements and impacts to existing roads and right-of-way. All construction and upgrading of public and private roads shall be done in accordance with the 1993 King County Road Standards established and adopted by Ordinance No. 11187, as amended (KCRS). The proposed short subdivision shall comply with,the KCRS including the following requirements, unless otherwise approved by DDES: a. The extent of improvements (conditioned below) requires the submittal of engineering plan and profiles and appropriate review fees. Plans shall be prepared and stamped by a professional engineer licensed in the State of Washington, and shall contain the applicable elements outlined in KCRS and/or the 2005 Surface Water Design Manual (see Section 2.2.2). The applicant should submit the plans a minimum of six (6) months prior to the preliminary approval expiration date. b. Frontage improvements shall be required along the entire length of the frontage of 108th Avenue SE for an urban subcollector half street per KCRS 2.03. The existing ditch shall be piped to the south edge of the short plat. C. The roadway shall be widened to a minimum of 20 feet per KCRS (2.03) for the % street construction of an urban subcollector roadway. The roadway may be widened on the west side of the existing paved area if the applicant obtains the required City of Renton permits to install additional roadway within its'jurisdiction and dedicated as right of way or a public access easement is established or the entire 20 feet of pavement shall be required in the existing right of way. This may require dedication of additional right of way to include all the paved roadway and sidewalk. The proposed curb line shall be aligned with existing curb about 200 north of the shor plat lot. 3. Surface Water Management and Control (Title 9 KCC) — 2005 King County Surface Water Design Manual (SWDM) SMALL PROJECT BMP'S Small Project drainage review/ best management practices (BMPs), (SWDM Section 1.1.2.1) is required for the new impervious surface (frontage improvements, driveways and new houses) created with this project. The review shall be included with the final platting submittal package (Title 19A). Alternatively, the lot improvements may be submitted and reviewed separately at the building permit stage. a. To implement the required Best Management Practices (BMPs) for treatment of storm water, the final plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. As described in Chapter 5 of the drainage manual, a Report and Decision 4 of 8 LO5S0064 subdivision project may implement the required BMPs or defer the lot BMP requirements until future review of building permits. In either case, the final plans shall clearly indicate the applicable BMP standards and requirements for implementation on the recorded plat. b. If the BMPs are reviewed with the site plan and final plat map the following note shall be shown on the final recorded plat. "All building permits on lots of this short plat shall comply with the approved small projects site plan on file with DOES (short plat final review activity XXXXXX). Applications that do not comply may be subject to full drainage review." C. If the subdivision applicant chooses to defer implementation of lot BMPs to the building permit process, the following note shall be shown on the final recorded plat: "Permit applications for buildings or other improvements constructed on lots created by this subdivision must be reviewed by King County for compliance with best management practices (BMPs) and other applicable drainage standards as specified in the SWDM as determined by King County, the permit applicant for each lot must prepare a drainage site plan with procedures for design and maintenance details and record a declaration of covenant and grant of easement for implementation of the best management practices. These plans shall conform to the restriction of approved conceptual drainage plan of a limit of 2,500 square feet of impervious surface, perforated tight line for downspout runoff and 440 square feet of permeable pavement unless other BMPs have been reviewed and approved by DDES". 4. Site Improvement Inspections, Fees and Financial Guarantees (Title 19 & 27 KCC) Approved engineering plans, inspection fee and applicable financial guarantees are required prior to either starting construction or recording this short plat. At the time of engineering plan approval, you. will be notified of the fee amount that will be required to inspect construction and the amount shall be deposited with ODES and of the financial guarantee amount(s) required prior to scheduling of the pre -construction meeting. Please note that the pre -construction meeting is mandatory prior to the start of any work (including site clearing) or the recording of the short plat. S. Health (KCC 13) This project is exempt from further King County Heath Department -review. However, if improvements are required from the Sewer and/or the Water District, then verification shall be required from said District(s) that the improvements have been bonded and/or installed, prior to final recording of the short plat. 6. Building and Construction Standards (Title 16) The applicant shall comply with all applicable provisions of KCC 16.82. 7. Fire Code (KCC 17) Section 902 of the 1997 Edition of Uniform Fire Code The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main and fire flow standards of Chapter 17.08 of the King County Code. Report and Decision 5 of 8 L05S0064 8. Zoning Code (KCC 21A) A. Density and Dimensions (KCC 21A.12) All lots shall meet the density and dimensions requirements of the R-8 SO zone classification or shall be as shown on the face ofthe approved preliminary short subdivision, whichever is larger. Minor revisions to the short subdivision, which do not result in substantial changes and/or do not create additional lots, may be approved at the discretion of the Department of Development and Environmental Services. Based on the density calculation worksheet submitted by the applicant, the number of dwelling units allowed is 3. The applicant proposes to.achieve the increase in density (1 additional lot) through the transfer of development credit (TDC) program established by King County Code 21A.55. The applicant shall provide verification of the TDC prior to engineering plan approval. If a TDC certificate cannot be obtained, the short plat shall be reconfigured. B. Street Trees (KCC 21A.16) - Street trees shall be provided as follows (per KCRS 5.03 and KCC 21 A.16.050): Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads: Spacing may be modified to accommodate sight distance requirements for driveways and intersections. 2. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993; King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of- way. 3. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. 4. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other�workable organization unless the County has adopted a rn.aintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. 5. The species of trees shall be approved by DDES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. 6. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. 7. The applicant shall contact Metro Service Planning at 684-1622 to determine if 104th Avenue SE is on a bus route. If it is, the street tree plan shall also be reviewed by Metro. 8. The street trees must be installed and inspected,, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within two year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for two years. After two years, the Report and Decision 6 of 8 L05SO064 maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 9. Road Mitigation Payment System — KCC 14.75 The applicant or subsequent owner shall comply with Road Mitigation Payment System (MPS), King County Code 14.75, by paying the required MPS fee and administration fee as determined by King County Department of Transportation. The applicant has an option to either: A. Pay the MPS fee at final short plat recording, or B. Pay the MPS fee at the time of building permit issuance, If the first option is chosen, the fee paid shall be the fee in effect at the time of short plat application and a note shall be placed on the face of the short plat that reads, "All fees required by King County code 14.75, Mitigation Payment System (MPS)have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of the building permit application. 10. School Impact Fees — KCC 21A.43 Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, the total amount of the school impaeffee shall be assessed and collected when the building permit is issued using the impact fee schedule in effect at the time of building permit submittal. Other Considerations A. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may include, but not be limited to, obtaining a forest practice permit, an HPA permit, building permits, and other types of entitlements as necessitated by circumstances. B. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division. Parties and Persons;of Interest: Pat M. Cruse, 16816.104 Ave. SE, Renton, WA 98055 Daric Nellis, 16816 1�04th Ave. SE, Renton, WA 98055 Jonathan Kurth, Davis Consulting, 1201 Monster Rd. SW, Renton, WA 98055 Jim Sanders, P.E., is Engineer, Engineering Review Section, LUSD, DDES Curtis Foster, P.E., Senior Engineer, Engineering Review Section, LUSD, DDES Pat Simmons, Project Engineer, Engineering Review Section, LUSD, DDES Lisa Dinsmore, Supervisor, Current Planning Section, LUSD, DDES Kim Claussen, Program/Project Manager III, Current Planning Section, LUSD, DDES Angelica Velesquez, ;Program/Project Manager 11, Current Planning Section, LUSD, DDES Report and Decision 7 of 8 L05SO064 Appeal Information and Parties of Record RIGHT TO APPEAL This action may be appealed in writing to the King County Hearing Examiner, with a fee of $250 (check payable to King County Office of Finance). As required by KCC 20.20.090 and 20.24.090, the appeal period shall be fourteen (14) calendar days and shall commence on the third day after the notice of decision is mailed. Filing an appeal requires actual delivery to the Kin County Land Use Services Division prior to the close of business (4:30 p.m.) on August 28s_,_2.006. Prior mailing is, not sufficient if actual receipt by the Division does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Division is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a timely Notice of Appeal has been filed, the appellant shall file a statement of appeal within a 21-day calendar period commencing three days after the notice of decision is mailed. The statement of appeal shall identify the decision being appealed (including file number) and the alleged errors in that decision. The statement of appeal shall state: 1) specific reasons why the decision should be reversed or modified; and 2) the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based on matters or issues raised in the statement of appeal. Failure to timely file a notice of appeal, appeal fee, or statement of appeal -deprives the Examiner of jurisdiction to consider the appeal. Appeals must be submitted to the Department of Development and Environmental Services, addressed as follows: LAND USE APPEAL Land Use Services Division Department of Development and Environmental Services BlackRiver Corporate Park 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 Any party may make a request for a pre -hearing conference. For more information regarding appeal proceedings and pre -hearing conferences, please contact the Office of the Examiner for a Citizens' Guide to the Examiner Hearings and/or read KCC 20.20 and20.24. Report and Decision 8 of 8 L05SOO64 Len King County L+111GL+P%L10 1 Department of Development and Environmental Services 1998 Surface Water Design Manual Land Use Services Division 1993 King County Road Standards 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 206-296-6600 TTY 206-296-7217 For alternate formats, call 206-296-6600. PROJECT INFORMATION Project Name Activity Number Project Number Development Number DDES Review Engineer Notes Date ❑ Hearing Examiner's Report ........ Date Revised Report ...... Date ❑ Plat Ordinance Number Date ❑ Preliminary Plat Map .......... Date Approved by Hearing Examiner ❑ Revised Preliminary Plat Map ....... Date Approved by DDES ❑ 5-year Expiration ....... Date (Show on engineering cover sheet) ROUTING TO OTHER KING COUNTY SECTIONS OK ❑ Wetland Report 1 Plans Route Date Response Date ❑ Geotechnical Report / Plans Route Date Response Date ❑ Grading Report 1 Plans Route Date Response Date ❑ Structural Designs / Calculations 1 Civil Plans 1 Soils Report (Vaults, Retaining Walls, Bridges) Route Date Response Date ❑ Landscape / Recreation 1 Street Tree 1 Plan Route Date Response Date EngineeringReviewChecklistECRMAoc le-ckkercheck.pdf 10/10/2005 1 of 16 (Continued} ❑ Traffic Improvement Plan / Report Route Date ❑ Tree Retention / Forestry / Plan Route Date ❑ Other Report / Plan Route Date ❑ All required routing stations shown and updated on PRMS Notes Q Activity Number:" IQ1,) � Response Date Response Date Response date GENERAL SUBDIVISION REQUIREMENTS ❑ Site plan layout matches preliminary plat approved by Hearing Examiner (Check for same lot count, tract configuration, road alignments, etc.) ❑ Compliance with conditions of preliminary approval ❑ Compliance with Mitigated Determination of Non -Significance ❑ Tract Table if three or more tracts. Identify name, size and purpose. ❑ Show and label all SAO tracts, buffers, and 15' BSBL. ❑ Review maximum height of 6-feet for rockeries and retaining walls per KCC 21A.12.030, 110-170, 220) Also show standard note per policy on Web site. ❑ Use updated cover sheet showing designation for highly critical sites per Appendix, D44. ❑ Determine if HPA fisheries permit required — contact CAO staff. ❑ Tree Retention Plans - Show standard plan note (see section policies). SURFACE WATER DESIGN MANUAL (1998) CORE AND SPECIAL REQUIREMENTS C07.4010[W,Ti-BITLA ❑ 1.2.1 Core #1 — Evaluate diversion of drainage within subbasins and/or tightline requirements for landslide hazard drainage areas. ❑ 1.2.2 Core #2 — Off -site analysis. Evaluate adequacy and conclusions. ❑ 1.2.3 Core #3 — Flow control. Determine design standard based upon mapping and/or off -site analysis. Evaluate exemptions from flow control if applicable. ❑ 1.2.6 Core #6 —All drainage facilities and road access shall be located in public tracts, right-of-way and/or drainage easements dedicated to King County. For private facilities, specify the required Declaration of Covenant and drainage easements for final recording. ❑ 1.2.8 Core #8 — Water Quality. Determine design standard based upon mapping and/or off -site analysis. Evaluate exemptions if applicable and untreated areas per page 1-57. ❑ 1.3.1 Special #1 — Area specific requirements. Perform P-suffix search on computer, evaluate grading code restrictions, and review for shared facility drainage plan. ❑ 1.3.2 Special #2 — Floodplain boundaries shown on plans. EngineeringReviewChecklistFORM.doc le-ckkercheck.pdf 10/10/2005 2 of 16 DRAINAGE VARIANCES OK SWDM ❑ 1.4 Activity No. Design Issu TECHNICAL INFORMATION REPORT OK SWDM ❑ 2.3.1.1 Activity Number: Approval Date ❑ Section 1 — Project Overview ❑ Figure 1: TIR Worksheet ❑ Figure 2: Site Location ❑ Figure 3: Drainage Basins ❑ a. Acreage of subbasins ❑ b. Identify all site characteristics ❑ c. Show existing discharge points to and from the site ❑ d. Show routes of existing, construction, and future flows at all discharge points and downstream hydraulic structures. ❑ e. Use a minimum USGS 1:2400 topographic map as a base ❑ f. Show and cite the length of travel from the farthest upstream end of a proposed storm system in the development to any proposed flow control facility. ❑ Figure 4: Soils ❑ a. Show the project site ❑ b. The area draining to the site ❑ c. The drainage system downstream for the distance of the downstream analysis ❑ Section 2 — Preliminary Conditions Summary with responses ❑ Section 3 — Off -Site Analysis ❑ Section 4 — Flow Control and Water Quality Facility Analysis and Design ❑ Existing Site Hydrology (Part A) ❑ Developed Site Hydrology (Part B) ❑ Performance Standards (Part C) ❑ Flow Control System (Part D) ❑ Water Quality System (Part E) ❑ Section 5 — Conveyance System Design and Analysis ❑ Section 6 — Special Reports and Studies — Geo, Wetlands, Floodplain analysis (4.4.2) ❑ Section 7 — Other Permits (HPA, Special Use, WSDOT, etc.) ❑ Section 8 — Erosion 1 Sedimentation Control Design ❑ Section 9 — Bond Quantities Worksheet and RID Facility Summary ❑ Section 10 — Maintenance and Operations Manual (Section 10 for privately maintained or special non-standard features EngineeringReviewChecklistFORM.doc le-ckl-ercheck.pdf 10/10/2005 3 of 16 Activity Number: SITE IMPROVEMENT PLANS OK SWDM ❑ 2.3.1.2 ❑ Vertical Datum NAVD 1988 — show benchmark ❑ Horizontal Control NAD 1983/91 ❑ 2.3.1.2 General Plan Format ❑ (1) Sheet size 24" x 36% quality reproducibles ❑ (2) King Co. Standard Map Symbols; existing 1 proposed (Reference 7A) ❑ (3) Project Information 1 Cover Sheet ❑ a. Title: Project name and DDES file number ❑ b. Table of Contents if more than 3 plan sheets ❑ c. Vicinity Map ❑ d. Name & Phone of Utility field contacts and One Call Number: 1-800-424-5555 (water, sewer, gas, power) ❑ e. Preconstruction 1 Inspection notification requirements ❑ f. Name & Phone of erosion control supervisor ❑ g. Name & Phone of Surveyor ❑ h. Name & Phone of Owner/ Agent ❑ i. Name & Phone of Applicant ❑ j. Legal description ❑ k. Alan approval block for DDES ❑ I. Name & Phone of engineering firm preparing plans ❑ m. Fire Marshal's approval stamp (if required) ❑ n. Mailbox location approval by U.S. Postal Service ❑ o. List of conditions of preliminary approval on all site improvements ❑ (4) An overall site plan if more than three plan sheets are used ❑ a. The complete property area development ❑ b. Right-of-way information ❑ c. Street names and road classification ❑ d. All project phasing and proposed division boundaries ❑ e. All natural and proposed drainage collection and conveyance systems with catch basin numbers shown ❑ (5) Each sheet and TIR is stamped, signed, and dated by a Professional Engineer licensed in Washington State ❑ (6) Detail Sheets Provided ❑ (7) Title block on each sheet ❑ a. Development title ❑ b. Name, address and phone number of engineering firm ❑ c. Revision block ❑ d. Page numbering ❑ e. Sheet title (e.g., road and drainage, grading, etc.) ❑ (8) King County approval block on each plan sheet ❑ (9) The location and label for each section or other detail shall be provided ❑ (10) Critical Area Setbacks per K.C.C. 21A.24 ❑ (11) All match lines correspond to the sheet reference ❑ (12) Division phase lines with limits of construction ❑ (13) Standard Plan Notes — General, Drainage & Structural notes (Reference 713) ❑ (14) Survey control plan sheet stamped by licensed PLS in Washington State Engineering ReviewChecklistFORM.doc le-ckl-ercheck.pdf 10110/2005 4 of 16 Activity Number: SITE IMPROVEMENT PLANSycontinued} OK SWDM ❑ 2.3.1.2 Plan View: Site Plan and Roadway Elements ❑ (1) Property Lines, RAN lines, roadway widths shown ❑ (2) Existing 1 Proposed road features; CL, edge pavement, edge shoulder, ditches, curb, sidewalk & access pts ❑ (3) Existing 1 Proposed topographic contours @'2', 5'>15% slope, 10-540% slope ❑ (4) All affected utilities are shown; utility poles marked ❑ (5) All roads and adjoining subdivisions identified ❑ (6) Existing / Proposed RIW dimensioned and shown ❑ (7) Existing 1 Proposed surfacing shown ❑ (8) Scale generally 1 "=50' (1 "=100' for lots > 1 Acre) ❑ 2.3.1.2 Plan View: Drainage Conveyance ❑ Sequentially number all catch basins and curb inlets ❑ Show length, diameter, and material for all pipes, culverts, and stubouts ❑ Label catch basin size and type ❑ Show stubout locations for roof drains ❑ Label all drainage easements, access easements, tracts, and building setbacks ❑ Provide flow arrows for drainage direction ❑ 2.3.1.2 Plan View: Other ❑ Show all buildings, property lines, streets, alleys, and easements ❑ Verify condition of public right-of-way ❑ Show structures on abutting properties within 50 feet ❑ Identify fencing for drainage facilities ❑ Provide section details of all retaining walls and rockeries ❑ Show all wells on -site and within 100-feet of site. For well abandonment, include notes referencing DOE procedures. ❑ 2.3.1.2 Profiles: Roadway and Drainage ❑ Existing 1 proposed roadway centerline (CL) at 50' stations increasing, reading from left to right. Show stationing of points of smooth vertical curve, with elevations ❑ Show vertical curve data including stopping sight distance ❑ Show all pipes and detention tanks with slope, length, size and type ❑ Show all pipe inverts and elevations of catch basins or lids ❑ Minimum cover dimensions if less than 2.0' ❑ Indicate roadway stationing and offset for all catchbasins ❑ Show vertical and horizontal scales (vertical 1 "=5') ❑ Label all profiles with street names and reference numbers to plan sheet ❑ Show all property boundaries and match line locations ❑ Provide profiles for conveyance systems of 12" and larger pipes or channels other than roadway ditches ❑ Catch basin lids are flush with ground line EngineeringReviewGhecklistFORM.doc le-ckkercheck.pdf 10/10/2005 5 of 16 Activity Number: SITE IMPROVEMENT PLANS (continued) OK SWDM ❑ 2.3.1.2 Plan Details ❑ Provide scale drawing of each pond, vault, or water quality facility. Include all pipe details for size, type, slope, length, etc. ❑ Show existing and final grade contours at 2-foot intervals. Show maximum design water elevation. ❑ Dimension all berm widths ❑ Provide two cross sections through pond, including one section through restrictor ❑ Specify soils and compaction requirements ❑ Show location and detail of emergency overflows, spillways, and bypasses ❑ Specify rock protection 1 energy dissipation details ❑ Provide inverts for all pipes, grates, etc., and spot elevations on pond bottom ❑ Show location of access roads to control manholes and pond 1 forebay bottoms ❑ Provide plan and section views of all energy dissipaters. Specify size and thickness of rock. ❑ Show bollard locations (Typically at entrance to drainage facility and walking trails) ❑ Restrictor and control structures must have section and plan view drawn to scale ❑ 2.3.1.2 Structural Plan Details ❑ Verity that designer is a licensed structural P.E. for vaults or bridges Notes: EROSION AND SEDIMENT CONTROL fSWDM Appendix D OK SWDM ❑ 2.3.1.3 General Specifications ❑ Separate plan sheet showing entire site wlfeatures ❑ Show critical areas and buffers in separate tracts ❑ Show existing contours and final grades if scope or work includes grading ❑ Pertinent information from soils report is added to plans ❑ Drainage features identified (streams, wetlands, bogs, springs, seeps, swales, ditches, pipes & depressions) ❑ Utility corridors other than roads shown ❑ Show drainage divides and flow directions ❑ Specify best management practices ❑ Show cut and fill slopes with catch lines indicated ❑ Sufficient conceptual details to convey design intent ❑ Standard ESC plan notes shown on plans (Page D-69) _ ❑ For grading and structural fill within lot areas — show standard notes for geo hazards (see section policies for geo notes) ❑ D.4.1 Clearing Limits ❑ (1) Delineate clearing limits —colored survey tape may be used. Critical areas require plastic! metal safety fence or stake and wire fences. ❑ (2) Provide detail of fencing Engineering ReviewChecklisEFORM.doc le-ckl-ercheck.pdf 10110/2005 6 of 16 Activity Number: 2.3.1.3 EROSION AND SEDIMENT CONTROL (SWDM Appendix D) (continued) OK SWDM ❑ D.4.2 Cover Measures ❑ (1) Specify the type and location of temporary and permanent cover measures. (Mulch, erosion control nets, blankets, plastic, seeding and sodding) ❑ (2) Specify the seed mixes, fertilizers and soil amendments to be used and application rates ❑ (3) Areas receiving special treatment are specified Qute netting, rock lining or sod) ❑ (4) Soil cover practices and locations of disturbed areas ❑ D.4.3 Perimeter Protection ❑ (1) Specify the location and type of perimeter protection to be used — silt fence, brush barriers, and/or vegetated strips ❑ (2) Provide details and specify type of fabric for silt fence ❑ D.4.4 Traffic Area Stabilization ❑ (1) Show construction entrance with detail (Figure DA.G) ❑ (2) Show proposed construction roads and parking areas. Specify details for stabilization. ❑ D.4.5 Sediment Retention ❑ (1) Show location of sediment pond or sediment trap. Very small areas can be treated with only perimeter protection (see D.4.3). ❑ (2) Sediment Trap — Can be used for drainage areas of 3 acres or less. Calculate surface area using 2-year design storm. Show detail per Figure DA.H. ❑ (3) Sediment Pond — Determine pond geometry and show details on plan for required storage, depth, length and width ❑ (4) Show sediment pond cross section and detail (Figures DAA and K) ❑ (5) Provide details of cell dividers and stabilization techniques for inlet 1 outlet ❑ (6) Specify mulch or recommended cover of berms & slopes ❑ (7) Specify the 1-foot marker for sediment removal ❑ (8) Indicate catch basins for protection and show design details (Figures DA.L and M) ❑ D.4.6 Surface Water Control ❑ (1) Show conveyance of all surface water to a sediment pond or trap ❑ (2) Discharge location shall be downslope from disturbed areas ❑ (3) Show details for conveyance with interceptor dike, swales (Figures D.4.0, P). ❑ (4) For ditches, determine capacity for 10-year storm with 0.5 feet freeboard. Show details for check dams (Figure D.4.R). Determine check dam spacing and as needed, show inverts and minimum slopes of open channels. Also show direction of open channel flow. ❑ (5) For pipe slope drains, determine capacity for 10-year storm. Show details per Figure DA.Q. ❑ (6) Determine level of protection for outlet (rock pad, outfall design, or level spreader). See requirements in D-38 through D-40. ❑ (7) Evaluate off -site flows entering the site and assure bypass of disturbed'areas Engineer! ngReviewChecklistFORM.doc le-ckl-ercheck.pdf 10/10/2005 7 of 16 Activity Number: 2.3.1.3 EROSION AND SEDIMENT CONTROL (SWDM ADDendix Ol (continued' OK SWDM ❑ D.5.1 ESC Report ❑ (1) Show detailed construction sequence (page D-70) ❑ (2) All required calculations and soils reports contained in TIR D.5.2 Wet Season Requirements (1) Provide a list of all applicable wet season requirements (details on page D-42) D.5.3 Critical Area Restrictions (1) Consider phased construction during the dry season. See special recommendations on page D- 43. D.5.4 Maintenance ❑ D.5.7 El (1) Plans shall list the name, address and phone number of the ESC Supervisor. A sign shall also be posted on the construction site with information for contacting the ESC supervisor. (2) Determine if site is Highly Critical (Soil Types C or D, 5 acres of disturbance, large areas with slopes >10%, proximity to streams, wetlands, or lakes) (3) On cover sheet of engineering plans, designate if highly critical site NPDES Requirements (1) Determine if project will disturb more than 5 acres (2) If disturbed area is greater the 5 acres, show the following note on the plans: "No construction or site disturbance for this project may begin before the applicant first obtains a General Permit to Discharge Stormwater Associated with Construction Activity permit from the Washington State Department of Ecology (DOE). For more information or application form, please visit DOE's website at http:ilwww.ecy.wa.gov/biblio/ecy02O85.html" ❑ D.5.8 Forest Practices Permit ❑ (1) Determine if project needs FPA permit. Contact ODES grading section. ❑ (2) Provide a reference note on the cover sheet indicating whether or not an FPA permit has been obtained. ❑ Early Start Plan Review ❑ (1) Standard cover sheet included with Title for Phased Early Start ❑ (2) List the scope of work for early start (scope of work will vary for each project — evaluate clearing, grading for roads, lot grading, utility installation, vault construction, off -site work) ❑ (3) Update the sheet index to identify all plans with updated page numbers ❑ (4) Include standard ESC plan prepared in accordance with all requirements listed above for erosion and sediment control ❑ (5) Include detailed construction sequence and identify ESC supervisor ❑ (6) Show standard erosion control notes ❑ (7) Show early start activity number on all plain sheets Engineering ReviewChecklistFORMAoc le-ckl-ercheck.pdf 10/10/2005 8 of 16 Activity Number: DESIGN REQUIREMENTS, OK SWDM ❑ 3.2 Runoff Computation ❑ Rational Method required for on -site conveyance (See Table 3,2) ❑ KCRTS used for flow control design ❑ Evaluate correct data: Rainfall region, scale factor, time step, record type, acreages, soil cover groups, and percent impervious ❑ 3.27 For urban areas, unprotected forest modeled as pasture or grass ❑ For rural areas, unprotected forest assumes 50% grass, 50% pasture ❑ All pre -developed grassland modeled as pasture ❑ All post developed grassland modeled as grass ❑ Impervious coverage calculated based upon specific project — clearly summarize types and amounts of impervious ❑ For urban development, impervious for each lot, >= 4,000 sq ft or maximum allowed in zoning code ❑ For rural development, impervious for each lot, >= 8,000 sq ft or maximum allowed in zoning code ❑ Evaluate requirements for modeling with effective impervious area ❑ 3.3.6 Point of compliance — evaluate for on -site bypass and off -site closed depression ❑ 3.3.7 On -site closed depressions and ponding areas ❑ 4.0 Conveyance System Analysis and Design ❑ Conveyance systems are in easements with BSBLs ❑ Off -site easements must be recorded using standard forms (Reference 8H) ❑ Determine which easements are public and private, label and dimension ❑ Pipes are parallel to and alongside property lines ❑ 4.5 Minimum pipe size 12-inch, for private systems may allow 8 inch ❑ Easements for pipes outside of right of way ❑ 4.7 For connecting pipes at structures, match crowns, 80% diameter, or inverts ❑ 4.9 Minimum velocity at full flow 3.0 feet per second ❑ 4.9 Minimum cover for pipes 2 feet ❑ 4.10 Debris barrier for pipes 18-36 inch ❑ 4.27 Outfall design criteria ❑ Surcharges (backwater analysis may be required) ❑ 4.35 Maximum headwater allowed for culverts ❑ 4.51 Bridge design ❑ 4.69 Floodplain analysis ❑ 4.53 Open channels ❑ 5.0 Flow Control Design ❑ 5.3 Mandatory requirements for roof downspouts in order of preference. Must evaluate feasibility of each. o Infiltration o Dispersion o Perforated stubouts ❑ 5.9 Dispersion system criteria including vegetated flow path ❑ 5.11 Perforated stub out, if used show detail per Fig. 5.1.3.A EngineeringReviewChecklistFORM.doc le-ckl-ercheck.pdf 10110/2005 9 of 16 Activity Number: DESIGN'RE UIREMENTS continued OK SWDM ❑ 5.14 Forested open space flow control BMPs n Show tracts or easements for FOS v Snow required notes on plan for plat recording ❑ 5.15 Roadway dispersion BMPs, check design criteria ❑ 5.17 BMPs for reducing facility size. Note: Facility sizing credit allowed for dispersion only if flowpath from roofs ultimately drain to RID facility. ❑ 5.3 Detention Facilities ❑ Emergency overflow — Evaluate flow path for safe and adequate conveyance ❑ Setbacks ❑ Flow -through system ❑ 5.3.1 Detention Ponds ❑ Dam Safety Compliance ❑ Two cross -sections through pond (one x-section to include control structure) ❑ Review pond details in Figures 5.3.1.A and B ❑ Designed as flow -through system ❑ Side slopes interior 3H:1 V or fenced ❑ Vertical interior retaining walls Stamped by licensed structural civil engineer ❑ For pond walls, min. 25% of perimeter vegetated and no steeper than 3:1 ❑ Berms greater than 4 feet require key excavation ❑ Minimum berm width of 6 feet ❑ Primary overflow (control structure with riser). ❑ Secondary Inlet to the control structure ❑ Emergency Overflow Spillway, 100 year developed peak flow ❑ Soil and compaction requirements described (95% modified proctor) ❑ Access road min. turning radius,' maximum grade, min. width, fences or gates ❑ Pond sign (Figure 5.3.1.D) ❑ Fencing and planting requirements ❑ Setbacks — 5 feet from tow of exterior slope or 5 feet from water surface for cut slope ❑ 5.3.2 Detention Tanks ❑ Flow -through system required ❑ 6" of dead storage in tank bottom ❑ Minimum pipe diameter of 36" ❑ Materials and structural stability ❑ Control structure per Section 5.3.4 ❑ Buoyancy ❑ Access risers and CBs are spaced properly with max. depth from finished grade to tank invert shall be 20 feet and accessible by maintenance vehicles EngineeringReviewChecklistFORMAoc le-ckl-ercheck.pdf 10/10/2005 10 of 16 Activity Number: DESIGN REQUIREMENTS (contlnued) ]rk�"ZQLyjI ❑ 5.3.3 Detention Vaults ❑ Structural package submitted for approval ❑ Flow -through system required ❑ Review design details per Fig. 5.3.3.A. Note: Grate over sump with 2' x 2' hinged access door ❑ Access positioned a maximum of 50 feet from any location. (if over 3 foot cover use cone riser) ❑ Access required to inlet pipe and outlet ❑ Removable 5x10 panel if vault greater than 1250 sq. ft. floor area ❑ Maximum depth from finished grade to vault invert to be 20 feet ❑ Minimum internal height shall be 7 feet, min. width shall be 4 feet min ❑ Ventilation pipes provided in all four corners ❑ 5.3.4 Control Structures ❑ Section and plan view shown to scale ❑ Orifice size and elevation on plans match calculations. Minimum orifice 0.5". (Note: Information Plate details are no longer required — see policy on Web site.) ❑ 6.4 Infiltration Facilities ❑ Appropriate soils logs and testing procedures in TIR ❑ Pond bottom at least 3 feet above seasonal high water ❑ Permeable soil extends minimum 3 feet below bottom of pond ❑ Geotechnical report states suitability and determines design infiltration rate ❑ Overflow route identified with 100-yr overflow conveyance ❑ Spill Control device upstream of facility ❑ Presettling ❑ Review setback requirements, page 5-60. Design water surface setback of 20 feet from external tract, easement or property lines ❑ Show the standard note regarding public rule for in operation facility (see section policies) ❑ 6.0 Water Quality Design ❑ 6.1 Water Quality Menus- ❑ 6.2 Water Quality facilities ❑ 6.2.2A Water Quality Sequencing ❑ 623 Setbacks, slopes and embankments ❑ 6.2.4 Facility Liners ❑ 6.2.5 Flow Splitter Designs ❑ 6.3 Biofiltration Facility ❑ 6.3.1 Biofiltration swales and soil amendments ❑ 6.3.1.1 Methods of Analysis ❑ 6.3.1 Swale geometry, plantings, flow conveyance, high flows, velocity ❑ Road access requirements, page 6-43 ❑ 6.3.4 Filter strip geometry (slopes) Enginee ringReviewChecklistFOR MA oc le-ckl-ercheck.pdf 10/10/2005 11 of 16 Activity Number: DESIGN REQUIREMENTS continued OK SWDM ❑ 6.4 Wetpool Facility Designs ❑ Wetpool geometry, 2 cells, minimum depth of first cell 4 feet ❑ Flowpath length to width ratio 3:1. Note: If flow path achieved with berms or walls, top of berm must be at 2-year water surface elevation. ❑ 6.4.1.2 Berms, Baffles, Slopes ❑ Inlet/Outlet Design ❑ 6.4.1.1 Access, setbacks, and plantings ❑ 6.4.2 Wetvaults ❑ 6A.1.1 Sizing basic or large ❑ 6.4.1.1 Berms, Baffles, Slopes ❑ 6.4.2.2 Two cells separated by wall or removable baffle ❑ Vault bottom forms a broad "V" with 5% sideslopes ❑ Inlet is submerged and outlet pipe designed for 100-year overflow ❑ Gravity drain provided if grade allows ❑ Minimum 50 square feet of grate over second cell ❑ 6.4.3 Stormwater Wetlands ❑ 6.4.3.1 Methods of Analysis ❑ 6.4.3.2 Design Criteria - Wetland geometry, liners, access, plantings ❑ 6.4.4 Combination Detention and Wetpool facilities ❑ 6.4.4.1 Methods of Analysis ❑ 6.4.4.2 Design -Criteria - Detention and wetpool geometry, berms, baffles, slopes ❑ 6A.4,2 Access and plantings ❑ 6.5 Media Filtration Facility Designs ❑ 6.5.1 Presettling/pretreatment ❑ 6.5.2 Sandfilters — Basic and Large ❑ 6.5.2.1 Methods of analysis ❑ 6.5.2.2 Design Criteria — Geometry, overflow/bypass, underdrain, and access ❑ 6.5.3 Sandfilter Vaults ❑ 6.5.3.2 Design Criteria — geometry, pretreatment, flow -spreading, energy dissipation ❑ 6.5.32 Overflow/bypass, underdrain and access Notes: Engineering RevieWCheckllstFORM.doc le-ckkercheck.pdf 10/10/2005 12 of 16 Activity Number: 1 _.-.O�c 4�;;> KING COUNTY ROAD STANDARDS (1993) GENERAL REQUIREMENTS KCRS 1.03 A, B Off -site and frontage improvements determined by reviewing agency Note: For grading permits, the required extent of road improvements must be determined during engineering review. For subdivisions, the requirements are determined during preliminary review. 1.03 D Subdivisions must have recorded public access except for private roads DESIGN REQUIREMENTS 1.08 Road Variances Activity No. Design Issues Approval Date ROAD CLASSIFICATION TABLE Name of Roadway KCRS Classification OK KCRS ❑ 2.03C Maximum Superelevation (2.05) ❑ 2.03D Horizontal curvature (2.05) ❑ 2.03E Maximum grade (2.11) ❑ 2.03F Stopping Sight Distance (2.05, 2.12) ❑ 2.03G Entering Sight Distance (2.05, 2.13) EngineeringReviewChecklistFORM.doc le-ckkercheck.pdf 10/10/2005 13 of 16 Activity Number: KING COUNTY ROAD STANDARDS (1993) DESIGN REQUIREMENTS (continued) OK KCRS ❑ 2.03H Minimum pavement width (Note: Footnote 9 - Neighborhood collectors require 36-feet at approach to intersections with arterials) ❑ 2.031 Minimum roadway width ❑ 2.03J Minimum RAN width ❑ 2.03.1 Min. R/W width (Footnote 12 and 2.1913- include 1 foot extra ROW behind curb or sidewalk) ❑ 2.03K Curb or shoulder type road (2.01) ❑ 2.03L Minimum Half -Street width ❑ 2.06 Private Street Design Standards ❑ 2.0667 Verify maximum potential of 16 lots ❑ 2.07 Half Streets ❑ 2.08A Minimum Cul-de-Sac diameters ❑ 2.08B Maximum Cul-de-Sac length ❑ 2.08E Maximum Cross Slope 6% ❑ 2.08F Bulb island shall be offset 2-feet ❑ 2.09 Alleys ❑ 2.0913 Private Access Tracts (Note: Must meet all standards for minor access street, except curb cut driveway design is allowed with property line radii dedication) ❑ 2.10A Angle of intersection between 85 and 95 degrees ❑ 2.10A Intersection curb radius ❑ 2.10A Intersection right-of-way radius ❑ 2.10B Intersection spacing ❑ 2.10C Intersection landing ❑ 2.10E Low Speed Curves ❑ 2.1 iA Maximum Grade - Use AC for grades >12%, Use PCC for grades >20% ❑ 2.11 B Grade Brakes — maximum 1 % at intersections ❑ 2.12D Intersection stopping sight distance (125' SSD allowed for local access streets) ❑ 2.16 Bus zones - For arterials and neigh. collectors, the designer shall contact metro ❑ 2.18 Intersections with State Highways ❑ 2.20 Single access serving more than 100 lots ❑ 3.01 Driveways ❑ 3.01 Joint Use Driveways ❑ 3.02A Sidewalks (both sides for subcollectors and higher classification) ❑ 3.02B Location and width ❑ 3.05 Handicapped access ramp (Use updated detail from KC Road Engineer, 3/26/04) Engineering ReviewCheckhstFORM.doc le•ckkercheck.pdf 10/10/2005 14 of 16 Activity Number: KING COUNTY ROAD STANDARDS (1993) DESIGN REQUIREMENTSLonNnuodl OK KCRS ❑ 3.09 School Access - asphalt walkway, sidewalk, or delineated shoulder ❑ 3.10 Bikeways ❑ 3.11 Equestrian Facilities ❑ 4.01 Road Section and Surfacing (drawings 1-001—1-006) Note: Neighborhood collectors require 3-inch asphalt concrete. ❑ 4.01 F Perform saw cut of pavement at fog line ❑ 4.01 F Pavement overlay for widening and channelization (show special note as approved by Development Engineer - see section policies) ❑ 4.02 Residential street design ❑ 4.02 Poor subgrade evaluation ❑ 4.03 Arterial pavement design ❑ 4.05 Pavement markings, channelization, and tapers (Requires DOT review) ❑ 5.01 Rock facings (Dwg. Nos. 5-004 -- 5-007) ❑ 5.02 Side slopes, generally 2HAV ❑ 5.03 Street trees and landscaping ❑ 5.04 Mail boxes (Dwg. Nos. 5-010 — 5-012) ❑ 5.05 Street illumination ❑ 5.06 Survey Monuments to be disturbed are shown ❑ 5.07 Roadway Barricades ❑ 5.08 Bollards for walkways or maintenance roads ❑ 5.11 Roadside obstacles (Note: if variance required for utility pole, the utility company must apply for the variance,) ❑ 6.00 Bridges (minimum width 28-feet) ❑ 7.02A-D Grass -lined, pipe or rock lined, special designed ditch ❑ 7.03A Minimum pipe size 12-inch diameter ❑ 7.03L Beveled ends for culverts in ROW ❑ 7.04A Maximum spacing between catch basins ❑ 7.04E CBs taller than 5' (grate to invert) are Type Il, Max. depth 12-feet per Dwg. 2-005 ❑ 7.05A Vaned grates ❑ 7.05B Through curb inlet frames for sag curves and intersections n 4%. Notes: a) Through curb inlet not used on rolled curb b) See section policies for policy on three flanking inlets ❑ 7.05E All covers and grates shall be locking ❑ 8.02 Utility pole locations and other obstacles ❑ 8.03B Open cuts on existing roadways, patch requirements Engineering ReviewChecklislFORM.doc le-ckkercheck.pdf 10/10/2005 15 of 16 Activity Number: KING COUNTY ROAD STANDARDS (1993) DESIGN REQUIREMENTS {continued} Notes: Check out the DDES Web site at www.metrokc.pov/ddes Engineering ReviewChecklistFORM.doc le-ckl-ercheck.pdf 10/10/2005 16 of 16 Denis Law Maps �9 " : City bf Jrj Department of Community and Economic Development Alex Pietsch,Administrator September 1,-2b.10 Beth I Parsons VP Client Manager .. Bank of America _ 32011 Pacific Highway $outh Federal Way, WA 98003 RE: Kristen Woods 'Assignments of.Funds .. Account #0053127411- $68,749.80 Dear. Ms..Parsons: } Two.Assignmenfs of Funds were originally issued by Bank of America, with the City of Renton as beneficiary. These instruments were to guarantee the -completion of certain items of construction for the plat known as Kristen Woods, under deferral per DEF077010.and DEF07-011,. After completion of some items,•a.combined Assignment. -of Funds was allowed per a letter from Neil. Watts, Development Services Director; dated December.l2, 2007: The City of.Renton _did. not receive confirmation of the actions being takenao 'combine the funds; but,have been provided with account information showing the appropriate amount'of-money, being present under the original account.numbershown above. To date, the plat owner/developer is in default of completing the required construction: The City of Renton..is hereby requesting all fonds be released -to the.City-in accordance with the Assignment of Funds:documents. :Any -check or cashier's check should be made payable to City`bf.Renton and , delivered to: Renton,City Mall Attention: Kayren Kittrick Sixth Floor Permit Center 1055 5: Grady Way Renton, WA 98057. Renton City Nall u 1055,South Gradyway, o .Renton, W8hington 98057' o rentonwa.gov Engell, Bruce From: Engell, Bruce Sent: Tuesday, September 25, 2007 10:41 AM To: Haidar, Mazen Subject: Nellis S.P. Tree Plan Revision L07PCO95 M azen have approved the revised Significant Tree Retention Plan for the above referenced and routed one (1) copy to you as I only received 2 copies. Thanks. Page 1 of 2 Engell, Bruce From: Engell, Bruce Sent: Monday, September 24, 2007 7:39 AM To: Haidar, Mazen Cc: Meins, Mike Subject: RE: Nellis Property Tree Retention Plan Mazen: MEL&og IS,�o Log PC oYs This plat appears to be approved already and in the inspection stage. There is a flan Change request ender L0711C095. Has the clearing been accomplished already? Why do I have the Significant Tree Retention Plan to review at this time? From, Haidar, Mazen Sent: Monday, September 24, 2007 6:14 AM To: Jonathan Harkovich Cc: Engell, Bruce Subject: RE: Nellis Property Tree Retention Plan Jonathan, Las Thursday I received two copies of the Significant Trees plan which was routed to Bruce Engell for his review and approval, as soon as I get I get a word from him I will notify you, thanks. Please note, my e-mail address has changed, the new address is mazen.haidar@kingcounty.gov. You may wish to update your records as accordingly, thank you. Mazen Haidar. P. E. I Enginefx U King County, DDES, LUSD 900 Oakesdale Avenue SW Renton, WA 98055 — 1219 Office: 206,296.7133, Fax: 206.296,6613 Email: rrfazen,haidar@kingcounty.goy From: Jonathan Harkovich [mailto:JonathanH@davis-kurth.com] Sent: Friday, September 21, 2007 2:41 PM To: Haidar, Mazen Cc: Eric Pennala; Johnathan Kurth; VanPatten, Steve; ken@andersonsurveyors.com; rey@andersonsurveyors.com; Kristen Davis; Harvey Adams Subject: Nellis Property Tree Retention Plan 09/24/2007 King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 206-296-6600 TTY 206-296-7217 for Lh... 3 . IVLzfYu> For alternate formats, call 206-296-6600, Drop -Off Cover Sheet for Land Use Services Division IMPORTANT PROJECT NUMBER AND NAME IS NECESSARY FOR ALL DROP-OFFS Project No.: 1(j rj 5a06j V Project Name: S f�lk /Wr F OM:� Company Name r Cont ct Persvn Telephone No: 2,55— J 3i76 TO: Date Received by LUSD sEP a 8 2007 D Kt:. V.D.F.s, ADDITIONAL INFORMATION REQUESTED BY KING COUNTY STAFF (please print) Short Plat ! Plats Please specify item(s) dropped -off: ---4 — — A _— 1 — A. . — .V AA_ Lot Line Adiustment Permit Please specify items) dropped -off: Right of Way Permit Please specify item(s) dropped -off: Clearing / Grading Permit — Additional information requested. Please specify item(s) dropped -off: G.47�C 0�5 Other: PLEASE NOTE: All drop-off itent(s) will be lagged into the computer under the project number, therefore, it rs important that the top portlon of This form is completed properly before you drop-off anything. Assistance In finding a project number can be provided by speaking to a Zoning/Land Use Technician. Your cooperation is lmpoltant. Thank you. Check out the DDES Web site at www,metrokc.gov/Gides Drop -ON Covei Sheet—LUSD Only Ig-us-dropoff pdi 11-03-2004 Page 1 of 1 Site Development Associates, LLC NELLIS PROPERTY SHORT PLAT 16816 104t" AVE!nue SE; Renton, WA Technical Information Report April 12, 2007 Prepared for Davis Real Estate Group Attn: Charlotte Vanianingham 1201 Monster Roads SW Suite 320 Renton, WA 98055 Submitted by Site Development Associates, LLC 10117 Main Street Bothell, WA 98011 Job number: 107-020-06 r'lY Fj - C, j, ly A. 7 EXPIRES 6/9/2007 Site Development Associates, LLC 7 w� (1) LEVEL ONE ANALYSIS prepared March 9, 2007 (2) PRELIMINARY CONDITIONS OFAPPROVAL dated August 11, 2006 (3) TECHNICAL INFORMATION WORKSHEET (4) PROPOSED STORM WATER MITIGATION (5) Bond Quantity Worksheet -1 i"', -� - EJ 11-711 ......... ..... . --- . ... ...... Site Development Associates, LLC SECTION (1) LEVEL ONE ANALYSIS . I .1 I h .. _.......... .._. Site Development Associates, LLC ;r "; LI i_"„ Rig *' O P - R `a J SHORT PLAT 16816104 Avenue 1 DownstreamLevel One Analysis March 9, 2007 Prepared for Davis Real Estate Group Attn: Charlotte Vanlaningham 1201 Monster Roads SW Suite 320 Renton, WA 98055 Submitted by Site Development Associates, LLC 10117 Main Street Bothell, WA 98011 Job number: 107-020-06 This Level One Downstream Analysis was prepared for: Davis Real Estate Group Attn: Charlotte Vanlaningham 1201 Monster Roads SW Suite 320 Renton, WA 98055 Prepared by: Site Development Associates, LLC 10117 Main Street Bothell, WA 98011 March 9, 2007 Job number. 107-020-06 Site Development Associates, LLC Table of Contents ProjectDescription................................................................................................... 1 Review of the 8 Core Requirements and 5 Special Requirements ......................... 1 Core Requirement No. 1....................................................................................... 1 Core Requirement No. 2....................................................................................... 1 CoreRequirement No. 3....................................................................................... 4 Core Requirement No. 4.. . ..... ............................................................... .............. 4 Core Requirement No. 5....................................................................................... 4 CoreRequirement No. 6....................................................................................... 5 Core Requirement No. 7...................................................................................... 5 Core Requirement No. 8 .................................................................................... 5 SpecialRequirement No. 1.................................................................................. 5 SpecialRequirement No. 2.................................................................................. 5 Special Requirement No. 3.................................................................................. 5 Special Requirement No. 4.................................................................................. 5 Special Requirement No. 5.................................................................................. 5 Appendices Appendix A — Figures 1. Vicinity Map 2. Existing Site Survey 3. Proposed Site Plan 4. Existing Basin Map 5. Developed Basin Map Appendix B — Downstream Analysis 1. Downstream Analysis Basin Map 2. Drainage System Table 3, Drainage Key Map 4. Drainage Complaints Summary Table 5. Drainage Complaints 6. Small Site Drainage Questionnaire I Appendix C — Operations and Maintenance Manual Level One Downstream Analysis NELLIS PROPERTY SHORT PLAT March 9, 2007 PP_-.._.............. _......._.___. +� Site Development Associates, LLC Project Description The purpose of this report is to present a Level 1 downstream analysis of the Nellis Short Plat in accordance with King County requirements. The Nellis Short Plat project is proposing a 4-Lot single-family residential subdivision. The project is comprised of 0.41 acres located at 16816 - 104`t' Avenue SE on Benson Hill, Renton in unincorporated King County. Review of the 8 Core Requirements and 5 Special Requirements of the Ding County Surface Water Design Manual SDA has reviewed the Core and Special Requirements in Chapter 1 of the King County Surface Water Design Manual, and addresses each of the requirements as follows: Core Requirement No. 1 -- Discharge at Natural Location Currently the site discharges at the southwest corner into the roadside ditch along 104'h Avenue SE. The proposed project will continue to discharge to the roadside ditch at the same location. Core Requirement No. 2 — Offsite Analysis Task 1: Define and Map Study Area The site is compromised of one tax parcel, 008700-0116. The analysis of the basin boundary indicates that the project is in the Rolling Hills sub -basin of the Black River Basin, both of which contribute to the Green-Duwamish River Basin. Lower Cedar River Basin, which is described in the Cedar River Basin Plan. See Appendix A for a vicinity map. The site is bound by large lots with older single-family homes to the north, to the south and to the east. The property across 104'h Avenue SE (to the west) is a proposed subdivision located within the City of Renton called Kristen Woods. Offe Engineers is doing the engineering on Kristen Woods. The existing land -use on the property is an existing residence with open lawn and sparse trees. The upstream basin that contributes to this site comes from the two lots to the east with existing houses, and from the one lot to the north again with an existing house. The property slopes from east to west then from north to south along 104`h Avenue. The property lies on the edge of the City limits of Renton (to the west -centerline of 104'h Ave SE). The drainage from the property flows approximately 800 feet to the south along the east side of 1041h; then crosses into the City of Renton thence into Benson Drive South (SR-515). No problematic areas were found based upon several resent site visits on -site or along 104'h Avenue downstream from the property. See Figure 1 for a vicinity map of the project and Figure 2 in (both in Appendix A) for an existing site survey of the project. Figure 3 in Appendix A shows the proposed site plan for the development. Level One Downstream Analysis Page 1 NELLIS PROPERTY SHORT PLAT March 9, 2007 Site Development Associates, LLC Task 2: Review all Available Information on the Study Area Critical Drainage Area Map O Green-Duwamish River Basin Flood plain/floodway (FEMA) Maps o There is no mapped floodplain in the immediate area per the available FEMA map. Sensitive Areas • Wetlands -- There are no mapped wetlands on the site or within the downstream drainage course. • Streams and 100 Year Flood Plains —There are no apparent streams or floodplains. The area is outside of the 100-year flood plain. o Erosion Hazard Areas — There are no erosion hazard areas for the project. • Landslide Hazard Areas — There are no landslide hazard areas for the project. G Seismic Hazard Areas — The area is not mapped as a seismic hazard area. C Coal Mine Hazard Areas — Based upon City of Renton maps, the coal mine areas are further to the south and west not on this property. ' U.S. Department of Agriculture, King County Soils Survey The soils on the site are predominantly Alderwood gravelly and loam, AgB and AgC. Flow Control Applications Map C The site is located within a "Conservation Flow Control Area" based on the latest version of the Surface Water Design Manual. Water Quality Applications Map o The site is located in a Basic Water Quality Treatment Area. Landslide Hazard Drainage Area Map O The site is not located in a. landslide hazard drainage area. Task 3: Field Inspect the Study Area A representative of Site Development Associates, LLC (SDA) made a site visit to the property on January 3, 2007.. The weather conditions were dry, 44 degrees and cloudy. The existing site slopes from east to west towards 104th Avenue SE. The drainage along 104°h Ave comprises of open ditch with driveway culverts, and then an inlet near 17020 — 104" Ave. SE transfers the flow from open ditch to tight -lined conveyance to the west into the storm conveyance of Benson Drive South (SR-515). Level One Downstream Analysis Page 2 NELLIS PROPERTY SHORT PLAT March 9, 2007 Site Development Associates, LC Task 4;; Describe the Drainage System, and its Existing and Predicted Problems Upstream Drainage Analysis: 104"' Avenue SE Upstream of the property there is approximately 130 feet of paved roadway that will make its way into the proposed storm system along the property frontage. Currently water travels by way of channel flow along the existing edge of pavement from a point .� 130 feet north of the northwest property corner to an existing ditch that runs south along the Nellis property frontage. This ditch continues south off the property. Under the developed conditions the runoff from the north will continue to channel flow along the existing edge of pavement where it will be intercepted by the proposed catch basin . located at the northwest corner of the. site. • See section 1 of Appendix B for Upstream Basin along 104'h Avenue SE figure. r Properties to the East The upstream basin to the east that contributes to this site comes from the two lots to the east with existing houses. These flows will be intercepted in the developed conditions with a trench drain located along the east property boundary of the Nellis site. 1 d On -Site Drainage Analysis: The existing land -use on the property is an existing residence with open lawn and sparse trees. The property slopes from east to west then from north to south along 104`h Avenue. The property lies on the edge of the City limits of Renton (to the west - centerline of 104'h Ave SE). Downstream Drainage Analysis: See the attached off -site Analysis Drainage System Table and map for a more detailed description of the drainage system downstream of the proposed project. This information is presented in Appendix B of the report. Section 1: The drainage from the property flows approximately 800 feet to the south along the east side of 1041h; Section 2: then crosses into the City of Renton thence into Benson Drive South (SR- 515). No problematic areas were found based upon several resent site visits on -site or along 104Ih Avenue downstream from the property. Drainage Complaints: Review of the King County Drainage complaints indicates that there are no relevant drainage or flooding problems recorded downstream of the site within the last 10 years. This information is presented in Appendix B of the report. Task 5: Addressina Mitigation of Existina and Potential Problems The development of this project is not expected to have an adverse impact to the downstream drainage system. Drainage for the 4 lot subdivision will meet the King Level One Downstream Analysis NELL€S PROPERTY SHORT PLAT Page 3 March 9, 2007 Site Development Associates, LLC County requirements for flow. control and water quality. No wetlands will be filled as a result of this project. There should be no impact to the downstream system as a direct . result of this project. Upstream offsite flow will be routed through the site via a French drain and enclosed system. The ditch system from the outlet of the proposed project along 104"' Avenue SE appears to need routine maintenance. The drainage course has capacity for this project; however the weeds and debris need to be removed to open the ditch. Beyond this point, the drainage is within the conveyance system of both 104th Avenue SE and Benson Drive. There does not appear to be any capacity or flooding downstream of this project. Core Requirement No. 3 — Flow Control This project will utilize the King County Small Project Drainage Requirements. See Appendix B for the Small Project Questionnaire. Below is a summary of the existing >� and proposed cover conditions for the site. These are also summarized Appendix A — Existing and Developed Basin Figures. Existing Site Existing House/Patio/Driveway Total Impervious Proposed Site 2,810 sf 2,810 sf ■ Lot 1 - 4 (Impervious Restricted) 10,000 sf Frontage Improvements 1,614 sf .� Total Impervious 11,614 sf Site Area Analysis The final site condition will have 11,614 square feet of impervious area. The existing site has 2,810 square feet of impervious. The proposed project will create less than 10,000 square feet of impervious surface. , Proposed Impervious — Existing Impervious = Net New Impervious Area 11,614 sf — 2,810 sf = 8,804 sf The project will create less than 10,000 square feet of impervious area. The site will be subject to the requirements of the KCSWDM, Appendix C, which contains small site BMP requirements. Proposed Mitigation per KCSWDM, Appendix C — Section C.1.3.1: 1. Limit Impervious Surface to 2,500 Square Feet Per Lot 2. Perforated Tight Line to Street Storm System 3. Permeable Pavement — See section (4) Stormwater Mitigation (of this report) for >� BMP sizing calculations. Level One Downstream Analysis Page 4 T NELLIS PROPERTY SHORT PLAT March 9, 2007 r 0 i a Site Development Associates, LLC Core Requirement No. 4 - Conveyance System There is no onsite conveyance system for this project other than roof drains. No conveyance calculations were performed. Core Requirement No. 5 - Erosion and Sediment Control ` Erosion control for the site will be provided by the following Best Management Practices: G A silt fence will be installed on the downhill side of the site C A rock construction entrance will be provided at the direction of the County inspector. ` e A clearing limit fence will be installed around the perimeter of the project area. All disturbed areas to remain exposed will be landscaped. a Any portion of the site to remain unworked for 5 days will be covered with straw mulch or other suitable material. rr Core Requirement No. 6 - Maintenance and Operations See Appendix C for the Maintenance and Operations Manual for the Nellis Property Short Plat. 1 Core Requirement No. 7 - Financial Guarantees and Liability The Financial Guarantees and Liabilities will be required prior to the project being finalized by King County. Core Requirement No. 8 - dilater Quality The project is subject to the small site drainage requirements of Appendix C of the KCSWDM. The site will use perforated tightlines and permeable pavement, which are small site BMPs. Special Requirement No. 7 - Other Adopted Area -Specific Requirements The project is located within the Green-Duwamish River Basin. Special Requirement No. 2 - Floodplain/Floodway Delineation This requirement does not apply. ■ Special Requirement No. 3 - Flood Protection Facilities This requirement does not apply. Special Requirement No. 4 - Source Controls This requirement does not apply because the project is located in the basic water quality ' treatment area. r Special Requirement No. 5 -Oil Control This requirement does not apply. Level One Downstream Analysis Page 5 NBLLIS PROPERTY SHORT PLAT March 9, 2007 LID, - Site Development Associates, LLC Appendix A Figures 1. Vicinity Map 2. Existing Site Survey 3. Proposed Site Plan 4. Existing Basin Map 5. Developed Basin Map Level One Downstream Analysis Appendix A NELLIS PROPERTY SHORT PLAT March 9, 2007 I I I SS 'A SANITARY SEWER MANHOLE RIM=361.63 IE=345.78 6"(N) ss_ o IE-345.52 8"(S) I 1 f fTr W002 \FENCE y LI q°off > S E 1 I I + I 1HOUSE 11 1 FF= 371.89 1 I J l l I I J)! SEPTIC \ I I 41 LID l � I i 4 ' 17' ULVERT 1 ! I if II IE 356.99 ---ZZ-� 11 I I If I i c l BI E=356 40 v 11 L 1 \ BIB SATELITE w DISH WOODEN 12'CW-VERT FENCE IE355.20 N 1 J fll 111 III ' � I III 12"CULVERT 1� M f IE-354.53 Q eo � wP" .................. . .... .... ...... ._. velopment Associates, LLC Site Development 10117Mdnsm,0,eoff"twaar,lcn M1I O111Ce:I75.eea.G539~BG Fa:<25.�.6597 wwwsdaengneen.com NELLIS SHORT PLAT Design JDZ Drawn 1/04/2007 Soale 3cele FIG 02.. Figure o. EXISTING CONDITIONS Date 107-020-00 P.\ n � -ice\ , minrf-l\ non—nF (Ni-iii�%\ f,— —\ ni�_r n�—A c�F n f— A,.. i:r QN va t.r f I 1 i,i Hw •..5., �h ... 1 i 1 r I If _ x 1_ •fig � N _ � �� � .� - , . � ��� � � 4 �� ++LdI` UJI U o �C) a Cn b WPH DDesign NELLIS SHORT PLAT Drawn Scale 0 1/04/2007 Site Development Associates, LLC Date M 17 WnSheet: kMWL W*0*VtM M" PROPOSED Proa t0 pg Office: 425496 � —F° - 425.�.6593 'm ,Oaenginee .com ^n� IMPROVEMENTS FIG 03 j Figure No. R-n0 -.ion+cr7I ni/nffo\nn'Jn—nF I I I I I I .2 0 Ln CL Aj, M Impervious Area 2,'W1 0 SF WPH DeQsign JZ .................... Site Development Associates, LLC 10117 — -ftW. loflwL Waftgton Mi I omco:425AU.6533 FCM 425AN.6593 —.sdaergtr.a.—� NELLIS SHORT PLAT 1M30' Drawn 1/04/2007 Scale FIG 04 EXISTING BASIN Date 1107T02 011 Figure No. P-F,M—;—{ in7e LA A .4 Co ffIIul Cd W 'J 0 Impervious Area Frontage 0 1,614 SF 0 > Impervious Area Lots + 10,000 SF IN WPH Site Development Associates, LILC . 10 - I - 17 . Md . n Sftwt, k*o I L . Wad*Wm MI I NELLIS SHORT PLAT V-30' De"O" - JDZ Drawn 1/04/2007 Scale DEVELOPED Data 5 107-020-00 01fice: 425.48uW FM: 425.486.6593 www.sdoengineen.corn BASIN FIG 05 5� I ProJect No. No. i i I () 7 ( 0 f f P V\ n 7 n - n F I t, I - I I i -I F; K I P"- C - () 'L 1, A..._ 1 1.1 fflnu ; Site Development Associates, LLC 1. Downstream Analysis Basin Map 2. Drainage System Table 3. Drainage Key Map 4. Drainage Complaints Summary Table 5. Drainage Complaints. 6. Small Site Drainage Questionnaire Level One Downstream Analysis NELLIS PROPERTY SHORT PLAT I Appendix B March 9, 2007 ''�-_ �.`\. � �"� � •� �� -••,r•-•• T�i I ,c CH'k[3ASIN ;rrP['I� 1 1 ' y IN, y1 I � � •1�.• 1 �l -���. ' rl � su�� t� `� j' ►.,�'� ���� �r a �nr i 7. ? 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Cpmlpofii��tlyo e,., j,,, 14resou 0- 1 nsp9qtoF,,_'- 4 Size '.Name, n reviewe resid' §ee.mapi Type:.sheet flbw,,swate, abon;' mi.,= 1,320,f. d" -qa,',HkeHhobdofpkob1 stream;0 anneljpioe; cover,'d6pth,,typ6_ ove6ppir qA 'pond; Size: diameter; -draipage'ba`sin,,Y _ed.e.t Z:area,volqmeJ- F ic K Surface area sdiinentitiohj1is&.othererosion ��66' M 1 Ditch The drainage from the property Varies 01-800, None None No problems observed. flows approximately 800 feet to the south along the east side of 2 Enclosed System then crosses into the City of Varies 8001+* None None No problerris observed Renton thence into Benson Drive R011th I rAprqjects11 07(affe)\020-06 (nellis)\technical\reports\appendixb\dTainage system table.doc F, LOOZ4111 Z)SILIJ=OPOOUgwolul=u-uodqo*V=UOISJQAIUaTIDayAkOTA.IOAO=Z)WIENOOI/UOSZdewiisa-dumlIS3'1.ISZ)-U[00/101A.IDS/AO?'O,)011@UJ-smA,M//:d)ILI (dVV4!/SIE)/Ao5'D)lDJl9w'mmmli:iJII4) UO!IeWJOJUI AIAGIOJd dw-477=7 77, lawnOS LooZ-!?-I, ;011310 'AlunoZ) . ... ........ a f? tor CIO g ig qg, 09090feaz nqznd6ot� 116TOF90eg -&n (70,00M . 0t0IOq40OC9 0t9 WCOOM, 1 11. -1 � . 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OwO60 06CO075629 680 CIGPOOZ669? (it pocatqoll 10 till 04;�qg, ZZODOM00 OqjOozfi6 ep 1161, Mko 81900920ga 0a BOOGOOZOOD 113000OZ/Opmo 6ecloomoo fw/nag aum"MOR of-OPOU.Soc ozo(MOZ , N00ovisoo. "Oor F g"" i gi p""a'a"o 'a 166S, 0 'a" oq 0 0 06 f tjum;q er NJ,900090ma OKIO/0691; T dS A:POCIOJd SHION A4uno:) bui)l @ I jo 1 02tj indinn dlaw— COM PLAI.NTS."SU Nellis Short Plat — Level 1 Drainage Analysis Drainage Complaint Summary Table Complaint Number Description Impact of Proposed Project 1996-0009 Erosion Control None (not within drainage basin) 1996-0438 Flooding of Church Parking Lot None not within drainage basin 1996-1136 Sheet flow from 105`h onto property No impact to project — ,i0r in this area does not have control drainage for road runoff (no curb and gutter OR ditch 1996-1260 Groundwater impact pyt road None not within drainage basin 1996-1300 Soos Creek flooding None not within drainage basin 1996-1649 Dawns out line maintenance None not within draina a basin 1996-1662 Flooding Church Parking Lot None (not within drainage basin) see 1996-0438 above 1996-2011 Flooding Church Parking Lot None (not within drainage basin) see 1996-0438 above 1997-0088 Sheet flow from road None not within drainage basin 1997-1485 Part sxfstem undersized None not within drainage basin 1997-1593 Culvert needs u sizin None not within drainage basin 1998-0650 Bio-swale maintenance None not within draina a basin 1998-0823 Sheet flow from road ponding None not within draina a basin 1998-0867 Obstruction None not within drainage basin 1998-0882 Seepage into basement None not within drainage basin 1999-0230 Flooding None not within drainage basin 2000-0698 Channel erosion None not within draina a basin Page 1 of 2 Neilis Short Plat- Level 1 Drainage Analysis Drainage Complaint Summary Table, Complaint Number Description impact of Proposed Project 2000-0741 Obstruction None (not within drainage basin) see 1998-0867 2001-0026 Request for information None not within drainage basin 2003-0403 Flooding at intersection None not within drainage basin 2003-0887 Restricted Outlet None (not within drainage basin) 2004-0412 Flooding in front yard None (not within drainage basin). 2005-0407 Runoff from road No impact to project -105th in this area does not have control drainage for road runoff (no curb and gutter OR ditch Page 2 of 2 m JAN. 17.2006 11:01AM KING CO. WLRN NU. 1101 r. I :ane County Wata and L4ad Rewums (WLR) Division 201 S Jackson St, Suite 600 ScaMe, WA 98104-3855 Date: Mm ber of pages' incJuding oovler sheet: _ FAX - FM= Unkl2dMINA. ."W�.,R�t��rvitxs Section Fax Number. 2Q622(t 2 ML.. 1 'YSI OTE1,-We-do not send copies efcata}n coruplaint types that are not relevwK such as-13CW, PL F'IR, FM and WQA, and we do not send CL and LS types, See key belovIT Type S 1, S2 and S3 will not be faxed due to size consWhits. The following is a lid ofca,<+tiplaint t"m xeceavcd bythe Wed= and Lead Resoureft St m uvmw Sarviocs Sadism. Complaint numbers begb wing prior to 1990,XXXX have bwn erchired and are no longer In tmz powe&im Thoy eg n still be rntric vrd, if uecaesmy, but'vvill U&c additional time and may not be beneficW to yaw tesmah dire to tht&r age, Lwdabmznt which has oocu vd, etc. If yrru ace intend in. mviewing this aetzlal quints. tilov cm be galled (t a pmditW for your review. Copies am be obtained for $ . I 5 per page, -aid �i6 per poe'fios plans. eve 2tkmoftlu IYMBUMPIM C AttM,%R4quwt . W—k - t]e+olbparaorlCq�tractiraa DEW Busiaae9 EntCkanWdet DrM 1lraivagp-� CCF Respom to twi y o8s D@inav — FjWWU+Sed MMftbaa •(1 ClEM t)]R Drainage—! txMn1er9h)&vemcai EAR Enox=wt as Eloid: DTA Drainw rodMIC l Au4woe IIR Rc dbcOaMf R6'tida INQ Drsi-ge — GEeerd Inquiry PCC,rGRR,FFCS Foci t o"gi»va MMA M2hAtnrwu-AesthWw ri SWMPocbqd" M W MeiMMAMta- Pioadtag F[A x3J` M Pa Rcvkw IVVWW Malakwun- - Gird PO SWU Fco as MFd rat Mein -- - Mowing •LS Latnnit MNM Mdmeonaee— Nash Maintnmm RR Fio WROann d"Rosioa MNW Msfu> ooe44axlOMwcedc i' DA tJeighbomxxW [kniaugo Asartt w I..sw SWU Pa Questlms WQC :Valet Q-IIgc W013 wax Qwuty—Best &DOW"nmt Pracaca WOR wOfM QUAUV mrrvlOM302 WQD Wd-Quaft Dunvim WQR Warty QW tJ RvdM WQI Watu QUIRT ' — Qiiedt Caaaecooa WQA W&M QunUVAwiit REM SVM Pbn -Remew taaAeat WW watts QuahV— OW" (MY SWM Tta&omt S I S2 i ft Stndica NwD SW FaaN[c r Dbcamt 'Sulljeet ro Public Disoloiwc requkarnmts I. Rnoeipt of cerium t qum far dowumett Z. R,eviow and approval W Prtaneat}ag Atoms alfl= JAN. 17. 200 010 K 103 CO. WL RV NO. 7167 P. 2 ft 8' OV tVgtw ad lmd bar= M - ROW Serfs WUM C008M Seery Printed ; 01/17MM 7.44;4a AM cwhat Typrl Typ of preW Address of ftblm Cumments Tom pop BMW Gods 1974-0072 C QRNG 17215 104TH AVE SE PVT DITCH 656C7 1981-0107 G FLnG 10405 SE 172ND ST B5BL16 1982-DOW S SCHAEFFER-BEN RD SCHAEFFER-4RENSON RD (S FUDY) 656D5 1902-0215 C L+RNG 10828 $F 176TH CULVERT COLLAPSED 65607 1962-0226 G CULVERT BENSON RD HI,MKF—D-SCHAEFFER DRNG STUDY 868D6 1983-0406 C DRNG 16+430 109TIA AVE £,E F-11,1. 66606 1984-0088 C FLDG 17041 104TH AVE SE CULVERTS BLOCKED 658p6 1986-1796 C FLDG 15623 BENSON RP SE BASEMENT FLOODING 85606 1987-05w K 1887-n673 E 1087.0744 C 1997-1063 ER 1968-0421 C 1988-0421 SR 198"611 1988-0511 1989-0268 190"836 198"838 1900-0492 1980-0492 1990-0506 1990-0617 1890-1063 1900-1387 1990-1451 1991-0290 1991-0757 1991-0757 1992.0072 1992-0072 1992-0143 1$92-0263 1092-0203 1992-0637 1993-0065 1993-0415 C ER C C SR C SR C CL C C C G C PN C NDA C C SR C WQC C 1856 S 112TH ST DRNG 17600 108TH AVE $E FLDG 16839 109TH AVE DRIAC 11603 106TH PLACE PIPES 17803 1 D5TH PLACE DRNG 16836 106TH AVE DITCH 16635 1WTH AVE F1_DO 10838 10F; TH AVE DRNG 11200 SE 184TH PL DRAINAGE 11200 $E 18+4TH PL FLDG 17611 109RD AVE FLOODING 1713111 103RD AVE DRNG 17611 103RD AVE DRNG 17,311 103RD AVE DRNG 10829 SE 173R0 ST SfNKIIQO E 10810 SE 181ST ST SINKHOLE 17031 1USTHAVE FLDG 17023 106TH AV WTR CILTY 16638 106TH AV WTR OLTY 16638 106TH AV DRAINAGE 17023 106TI-f DRAINAGE 11023 106TH DRAINAGE 16612 10BTH AVE FILUDRG 17013 106Tf-f AVE FILLIDRG 17013 105TH AVE FLOODING 10829 106TH AVE WOD97290 17735 106TH PL EROSION 17712 98TIiAVE BaBD7 WATER FROM GOLF COURSE RUNNING O 656G5 COMM PERMIT NO C87.0559 656D7 BE NEW APTARTMENT CAU81NG ROAD FLOG 866D8 BE SYSTEM @ 17803106TH PL SE 6607 SE NO PROS SYSTEM SHOULD HANQLE STR 656D7 sE RUNOFF WASHS OUT DRIVEWAY GRAVEL 6561)6 BE INFO CY TO R❑ DRNG 666D6 SE R..00DING OF FIELDIDFTt M MA1NT 656D6 POND OVERFLOWISTANDING WATER B58D7 POND OVERFLOW 90-0709,1081 656D7 SE GRAVEL FROM ROAD INTO POND/STROM/ 656D7 SE /EDLUNDCUSEOONPROP&INPND STORM 6S5D7 BE SILTS AND WATER/BTORM/9i}0617,1323 658D7 BE DEBRIS FROM FRED MEYER/CL*12902 CA 65907 WATER IN YARD AND HOUSE 85606 IN CORNER OF YARD 85807 SE HOLE IN YARD FROM CONST 66606 SE DITCH MAINTENANCE NEW DEVE,LOPEME 66606 BE REE ERED TO HEALTHIDENTIB*T OFFICE W 66605 $E REFERED TO HEALTH NOT NDAP 666D6 $E 856D6 SE 656D6 SE 656D6 SE DOWNSPOUT FM MOBILE HOME 5561)6 SE NOT NDAP 658D6 BE ROAD RUNOFF IN 171VV 656D6 SE 66607 S EROSION IN FATHER CREEK 656C7 Page 1 of 4 11.21)02AM KiNG Co. W!-H:i,, 1'1).7167 cmwBt Tw Type of pm A4"= offtlaft � (h8 Pap Rulsr cm 1S93.0415 NDA EROSION 17712 SOTH AVE g EROSION IN PATH ER CREEK -PAiIE NEED 856C7 1993-0415 RN EROSION 17712 98TH AVE S EROSION IN PATI-IER CREEK 656CJ 1994-0528 C EROSION 9 7020 104TH AVE SE PERF PIPE ON NEIGH. LOT 15 LEAKING 056D7 1094-0626 WQC SUBMfC8 10645 CARR RD DUMPING OIL INTO CS 65807 1994-0625 WQF SUAST/CB 10546 CARR RI;+ DUMPING COIL INTO CB 65607 1994-0630 C SINKHOLE 16609 6i_NSfIN RD s SINKHOLE QEVE(OPING IN DRIVEWAY 65606 1994-WOO VV UG% ILLIHKUP 1863H UEN*ON RO 9 Fl OOR DRAIN APPEARS CON NEC YED TO 656rM 1994-0697 WOE 1LLIHKUP 16639 BENSON RD 8 J 1 0OR DRAIN APPEARS CONNEC TEE) TO 8581)6 1994-0790 WOU POLLUTAN 16651 10BTH AVE SF_ MAFNT OF COMMERCIAL STORM SYS 666D6 1904-0709 WL1C POLLUTAN 10406 SE 174TH ST MAINT OF COMMERCIAL STORM SYS INF 666D7 1994-0933 C FLOODING 10400 SE .174TH ST OPEN CHANNEL PVT PROP NO EAWSMEN F,46D7 1995-0128 WQC DUMPING 17618 111TH AVE, sE RESIDENTIAL CAR REPAIR - OIL DUMPING 666D7 1996-0126 WQE DUMPING 17610 1111 H AVE $E REVOENTIAL CAR REPAIR - OIL (JUMPING 65(3D7 1096-0366 C DRNG 17014 104TH AVE SE SUBSTANDARD DRAINAGE IN RID RAN 656[m 1995-0385 E [)RN(-, 17 014 104TH AVE SE 5UB73TANDARD DRAINAGE IN RID RAN 656DS 13)85-0366 FIR DRNG 17014 -104TE1 AVE SE SUBSTANnARD DRAINAGE 1N RfD RIVV 5S8D6 1996-04CB C SLIDE 7 SE 108TH 3 173RD A SE NEW RJ0 PAC 11.ITY $ATE=TYQUFSTIQN 65607 1995-0534 W,,:/, MAINT. 10817 SE 172ND ST VEHI( LE !MAINT SMPS F"? CONF O,9 ES,%D7 199S-0534 WQR MAINT, 10017 SL ' 172NO ST VEHILLE /MAINT BMPS FOR CONDOS 65607 1995-0539 WQA MAINT. 16818 10BTH AVE SE CAR WASHING Q APARTMENT COMPLEX 658nP. 1996-0539 WQR MAINT, Iftle 108TH AVE SF CAR WASHING @ APARTMENT COMPLEX 656DB 1995.0836 BCW MAINT. 16623 108TH AVE SF 058136 1995-0866 C FLOODING 17418 108TH AVF SF BUILDING FLOODS=D FROM BLACKED D13 666r)7 1995-09% 8CW SITE CON 17E320 I08TH AVE SE 66607 1995-1009 BCW CONSULT. 17426 108THAVF SE 5-VA07 1996-10$0 CL CLAIM 1OB17 SE 172ND ST BROKEN IRRMTION LINE 65007 1A93-1207 WQC OUMPENC 10402 SE 174-111 5T ALLEGED DUMPING INTO INTERMITTENT b515C7 1096-0009 C EROSION 10700 SC 17471 I S F APPARENT DIRECT DfSCHARDE TO ROAD 6-gD7 1996�,438 C FLDG 17415 1081H AVE SE OFFS(fE FLOW IMPACTING CHURCH PRO 656L)-i 1996-0438 NDA FLDG 17418 1081'H AVE SF OFF8ITF= FLOW IMPACTING CHURCFI PRO 66607 1986-0438 R FLDG 17418 1 OATH AVE; sE OFFSITE FLOW IMPACTING CHURCH PRO E55807 1996.113E3 C RUN OFF 16E121 1OST'I-I AVE SE SFIEFT FLOW FROM RD IMP PVT PROF' 656D6 1696-1106 WQA SITE CON 17642 108TH AVE Sim NEED TO EMPLEMi NT RMPS 658D7 1990-1260 C RUN OFF 16606 111TH AVE \ g6 C3ROUNDWATER.EMPAf T PVT PROP PVT 65608 1996-1300 G SOOS CRK 10411 SE 164TH ST �a1 APPAREiYf BLOCKAGE IN ROAD CULVERT 65eDfi 190-1649 C ORNG 1f1?Fl0 SF 174TH ST DOWNSPOUT LINE MAINTENAGE R&SPON 656D 1996-1662 G FLDG 17418 100-TH A.VF. SE SHEE1 FLOW FROM PARKING SEE 90043 656U7 1996-1662 NDA FLDG 17418 108TH AVE. SE - SEE WAaa 65GD7 1996-166"1 N FLOG 17416 y' 1087H AVE _ 11 SE SEE: 90 0438! COMPLAINANT WITHDRF=W 656D7 1096-2011 C RUNOFP 17418 1ORT-H ELu; I SI- OROUNDWATIFFR IMPACT TO PVT PROP 65&[17 Page 2of4 .BAN. 17, 2006 I1:02AM KING CO, WLRO NO. 716) P. 4 claw >M sT PVWW re88 e1 "� commis Tares Pme NOW I� 01997.0088 C EROSION 17012 1D67H AVE SE SHEET FLOW FROM ROAD ERODING SHO 6606 1997-1485 C DRAINAGE 16809 BENSON RD g PVT DRNG SYS UNDERSIZED OR OBSTRU 656D8 107.1485 NDA DRAINAGE 16609 BENSON RD S PVT DRNG SYS UNDERSIiED OR OBSTRU 656D8 a 1997-1485 R DRAINAGE 16609 BENSON RD S PVT DRNG SYS UNDERSIZED OR OBSTRU 06606 0 1867-1693 C PIPE 104XX SE 172ND ST POSSIBLE UPGRADE OF CULV BY ROADS 856D7 1998-0177 C ROW 16655 10dT1-1 AVE gE SHEET FLOW FROM RD IMP COMMERCIAL 066DE 1998-0503 CL SIDEWALK 17M 104TH AVE SE SIDEWALK DAMAGE BY KC CREW. 8513D7 p 1008-0650 FCR DITCH 16927 109TH PL SE BIO SWALE VEGETATION REMOVAL REG 69606 p I998-0823 R DRAINAGE 16623 BENSON RD S SHEET FLOW FROM ROAD PONDING ON 668D6 p IDOMS67 NDA DRAINAOS 17811 97TH AVE g OBSTRUCTED OR INADEQUATE DRNG IM 666C7 p 1098-0967 R DRAINAGE 1781.1 97TH AVE S OBSTRUCTED OR INADEQUATE DRNG IM 656C7 O 19BB-0882 CL DRAINAGE 16623 BENSON RD 3 SEEPAGE INTO BASEMENT 65606 0 1999-0230 CL FLOODING 1999-0258 WOC SOLVENTS 1999-0266 W(2R SOLVENTS 1999-0485 FCC DAMAGE 2000-0227 WOC WQD 2000-0443 FCC WQD 2000-0443 WqR WQp 2000-0468 FCR MMG Q 2000-0690 C DDM 2000-0698 R I)Dm q 2000-0741 E DDM 0 200"141 NDA- DDM 2001-0007 C WINIF p 2001-0026 C DDM 2001-0320 R BSR 2001-0581 WQA WOB 2001-0681 WQE WQ3 2001-0595 WQA WQD 2001-0607 WQA WQD 2f 01-0669 WQA WQD 2002-0119 C DTA 2002-0175 FI REM 2DOM220 WQA WQAI 2003-0221 WQA WQAI 2003-0222• WQA WQAI 2003-0223 WQA WQAI 2003.0316 WQC WOD 17811 97TIA AVE $ 866C7 17840 111 TH AVE $E IMPROPER CLEANING AUTOIDRIVEWAY B 666D7 17840 111TH AVE SE IMPROPER CLEANING AUTOORIVEWAY 8 65007 10820 SE 176TH ST TA REQUESTED UNABLE TO SCHEDULE 056D7 10717 S PROVIDED INFO ON IRON OXIDE 65807 17624 100TH AVE BE DURING ASSESSMENT OF COMMERCAAI- 65007 17824 108TH AVE SE DURING ASSESSMENT OF COMMERCIAL 656D7 17010 110TH PL SE INQUIRY REGARDING PLANTING TREES O 65(5D6 15005 SE 171ST 5T CHANNEL EROSION, PROBLEM MAY BE A 656C7 15005 SE 1716T ST CHANNEL EROSION. PROBLEM MAY BE A 8SBC7 17824 TALBOT RD 5 RELATED TO 98.0867 RAMOS. OBSTRUCT 656C7 17824 TALBOT RD S RELATED TO 98-0887 RAMOS. OBSTRUCT 666C7 17442 103RD AVF gE DOWNSPOUT DISCHARGES FROM SUMM B5BC7 16415 BENSON Ro REQUEST FOR INFORMATION OF EX DRAI 5506 17010 110TI-i PL SE 810-43WALE RETRO FIT. CATEGORYC 05606 11642 17042 10700 17801 17809 17418 10636 17604 17810 10819 1G©14 1E818 2003.0316 WOR WQD 16616 108TH AVE SE 656D7 IMH AVE SE ILLICIT CONNECTION FROM SUMP TO STO 8561)7 9E 174TH ST#202 65ap7 108TH AVE SE THIS 13 THE SAME COMPLAINT AS 02-0887 656D7 108TH AVE SE 858D7 108TH AVE SE SHEE T FLOW FROM ADJACENT FIRE 019T 65607 SE 174TH ST 6WM#166. 89.039E CALCULATED. 856D7 108TH AVE SE WQA PER MCL REQUIREMENTS H5607 108TH AVE SE DUPLICATE REQUEST FOR AUDIT 656D7 SE 172ND ST SITE AUDIT REQUIRED BY MCI_ 666D7 108TH AVE $E 658D6 111T}1 AVE SE APPARENT ABANDONED VEHICLES, POT 656D6 I I ITH AVE SE APPARENT ABANDUNEO VEHICLES, POT 656D6 Page 3 014 JAN. 17.26D6 11:930 KING CO. LAIRD NO. 7167 R. 5 w, iv of Pre 1 A�ddrt of P BMW Whar 0 2003-0403 C DDM 100TH A & $E 170TH ST 86606 2003-0660 E MMQ 17701 110TH PL SE APPARENT ENCROACHMENT INTO TRACT 668DY 2003-0660 FCR MMG 17701 110TH PL $E APPARENT ENCROACHMENT INTO TRACT 65607 2003-0660 R " MMG 17701 110TH PL SE APPARENT ENCROACHMENT INTO TRACT 66607 20OU886 WQA WCIAI 10433 SE CARR RD AUDIT COMPLETED 65(30 2003-0678 WQR WQDC 17842 1087H AVE SE close to wq violation 01-0581 655DB 20D3-0731 FI REM 170605 108TH AVE SE REQUEST TO DETERMINE NEW IMPERVIO 856137 2003-0759 WQA WCaAI 10717 $E 172NO ST 66507 2N)"793 WQA WQAI 11014 SE 178TH S7 e56D7 2003-0830 WQA WQAI 11010 SE 176TH ST 666D7 2003-DBBB WQA WQAI 101304 SE 176TH ST VYQA PER MCL 65607 20OU867 WQA WQAI 17816 108TH AVE SE WQA COMPLETEO PER MCI. REQUIRMEN 656D7 2003.0868 WQA WQAI 17630 108TH AVE SE WQA PER MCL RI;QUIRi Mr=NT 656D7 0 2003-0887 C DTA 10940 SE 169T1I ST APPEARS TO BE RESTRICTED OUTLET OF %6D6 2DD3-0887 NDA- DTA 10940 SE 168TH ST APPEARS TO BE RE'SlRiCTED OUTLET OF 656D6 200"987 R DTA 10940 3E 168TH ST APPEARS TO BE RESTRIC7r;0 OUTLET OF 666D6 2008-0974 WQA WQAI 10824 5E 1707H 5T WQA PER MCL 05606 2004-0128 SUP LSP SE 176T & 110TH PL SE S-14-04. Retaning well enorcachmant 666D7 2004.0263 WQA WQAI 17620 TALBOT RD S eSBC7 0 2004-0412 C DDM 17845 111TH AVE SE Can ckizen relieve floodlhg In front of property 658D7 20044525 WQE W08 17500 TALBOT RD S MCL HAS BEEN SENT TO WRONG OWNER 666C7 2004-0849 WQA WQAf 176D5 108TH AVE SF. 656D7 2004-0678 WQA WQAI 11002 SE 176TH ST 6=7 2004-0761 WCA WQAI 17436 108TH AVF SE 65607 2004.0767 WQA WQAI 17820 108TH AVE SE 85UL)Y 2004-0811 WQA WQAI 10909 'SE 178TH ST 2004.0933 WQA WQAI 11100 SE 176TH ST 2004-0871 WQA WQAI 10405 SE 172ND ST 200"011 WQA WQAI 16656 106TH AVE SF 2OD5.0018 FI REM 17801 108TH AVE SE 2006-0092 WQC WQDC 1110 SE 1 T6TH ST p 2005-0467 R DDM 17013 105TH AVE SE 8507 65607 ssf3D7 666D6 No measararnent needed. DOES permitta co 666D7 Refereed from WA DOE. Gafpat cleenem dum 656D7 RUNOFF FROM ROADWAY IMPACTING PR 656D7 Page 4 04 sue. SMALL SITE DRAINAGE KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL, APPENDIX C CA SMALL PROJECT DRAINAGE REVIEW REQUIREMENTS Small Project Drainage Review is required for any proposed single family residential project or agricultural project that results in 2,000 square feet or more of new impervious surface and meets one of the following criteria: G The project will result in no more than 10,000 square feet of total impervious surface added on or after January 8, 2001 (the effective date of the Endangered Species Act "take prohibition" issued by the Federal government to protect Puget Sound Chinook Salmon) and no more than 35,000 square feet of new pervious surface (for sites zoned as RA, F, or A, this new pervious surface threshold may be increased to 70,000 square feet or 35% of the site, whichever is greater), OR o The project will result in no more than 4% total impervious surface and 15% new pervious surface on a single parcel site zoned as RA or F, or on a single or multiple parcel site zoned as A, AND all impervious surface area, except 10,000 square feet of it, will be set back from its natural location of discharge from the site at least 100 feet for every 10,000 square feet of total impervious area. Note. -for the purposes applying this threshold to a proposed single family residential subdivision (i.e., plat or short plat project), the impervious sui face coverage assumed on each created lot shall be 4,000 square feet (8,000 square feet if the site is zoned as RA) or the maximum allowed by KCC 2]A,12.030, whichever is less. A lower impervious surface coverage may be assumed for any lot in which the lower impervious surface coverage is set as the maximum through a declaration of covenant recorded for the lot. Also, the new pervious surface assumed on each created lot shall be the entire lot area, except the assumed impervious portion and any portion in which native conditions are preserved by a clearing limit per KCC 16.82, a covenant or easement recorded for the lot, or a tract dedicated by the proposed subdivision. All projects subject to Small Project Drainage Review must comply with the following two basic mitigation requirements in this appendix: 1. Apply flow control BMPs to developed surfaces as directed in Section C.1.3 (p. C-13), and 2. Apply erosion and sediment control (ESC) measures to disturbed areas during construction as directed in Section C.1.4 (p. C-20). To show how these requirements will be met, project applicants must submit drainage plans and supporting documentation as directed in Section C.1.5 (p. C-21). In addition, some small projects may have site -specific or project -specific drainage concerns or requirements that must be addressed by a civil engineer or County engineering review staff. Examples include the presence of flood, erosion, or landslide hazards on or near the site, safe conveyance of stormwater through the site, and application of special drainage requirements. The County will identify any such issues during Small Projeci Drainage Review and will require a separate Targeted Drainage Review in addition to Small Project Drainage Review to address them (see Section C.1.2, p. C-9). This may require the additional submittal of site information, reports, and/or engineering plans signed and stamped by a civil engineer. For more information on how Targeted Drainage Review relates to Small Project Drainage Review, see Reference Section C.5.1 (p. C-101). Use Section C.]. I (below) to determine the scope of requirements, if any, that must be addressed by a civil engineer and/or County engineering review staff under Targeted Drainage Review, and learn where to look to determine the scope of requirements for application of flow control BMPs and ESC measures ands submittal of information necessary for Small Project Drainage Review. 2005 Surface Water Design Manual — Appendix C r "' C-5 1 /24/2005 SECTIONCA t SMALL PROJECT DRAINAGE REVIEW REQUIREMENTS i C.1.1 PROCE®URE .FOR DETERMINING REQUIREMENTS The following questionnaire/flow chart (Table C.l .1.A) is intended to be a guide for detern-tining the scope of requirements that will apply to a project in Small Project Drainage Review, and Targeted Drainage Review if applicable. It will refcr or direct you to more specific information on the application of ! ® requirements found in subsequent subsections, and in some cases, King County Code. 3 --r r s" IR/FtiOW'CARIORl~TAB[E C 1 AQUESTRMINING REQUIREIl7ENTS , uestion Go tot the next question. P he project does not need to 1. Is the proposed project subject to drainage review as meet the requirements of the determined by consulting SWDM or this appendix. DDES2 or Section 1.1.1 of the SWDM. Step through the following 2. Is the project subject to Small ull Drainage Review, Targeted Project Drainage Review as questions to (1) determine the rainage Review, or Large determined in Section CA (p. scope of requirements, if any, roject Drainage Review is C-5) and confirmed with that must be addressed by a equired as specified in the DDES? civil engineer and/or DDES WDM, and engineering plans under Targeted Drainage igned and stamped by a civil Review, and (2) learn where to engineer must be submitted to look to determine the scope of DDES. Use the SWDM and not requirements for application of his appendix to determine flow control SMPs and ESC rainage review requirements. measures and submittal of information necessary for Small 7A notice on title I e quired Ip to Question 7 (p. C-8). 3. Does the site contain or is it adjacent to a flood hazard as specified in KCC 21A.24.170 ; area as determined by DDES and associated public rule, and through a "critical area review" any proposed structures or per KCC 21A.24.100? substantial improvements within the 100-year floodplain will require a FEMA Elevation Certificate completed by a civil engineer or land surveyor per KCC 21A.24.270. See Section C.1.2.1 (p. C-10) for further details. Go to the next question, k =20 DDES means the fang County Department of Development and Environmental Services, which is the department responsible for conducting drainage review of proposed projects that are subject to a King County development permit or approval. Applicants for a permit or approval should contact DDES permit review staff prior to submittal to determinelconfirm that drainage review is required, and if so, what type of drainage review is appropriate. Applicants may also arrange a predesign meeting with DDES permit review staff to confirm the type of drainage review and scope of drainage requirements that apply to the proposed project. 1/24/2005 2005 Surface Water Design Manual — Appendix C C.1.1 TARGETED DRAINAGE REVIEW REQUIREMENTS Has the 100-year floodplain boundary and base flood elevation been determined for the floo azard area based on ava be flood hazard data an eeed acceptable b.y D S min accordance with K 21 A.24.230? Is the project site portion of the site located on land that is entirely outside of the 100- year floodplain boundary and above the base flood elevation determined in Question 4? rtas a cnannel mrgratron zone been mapped by King County for the flood hazard area? The floodplain boundary and base flood elevation must be :shown on the project's site plans and on the face of any recorded documents if the project is a subdivision. See .Section C.1.2.1 (p. C-10) for further details. Go to the next question. the next question. The severe and moderate channel migration hazard area boundaries must be delineated on the project's site plans and on any recorded documents if the project is a subdivision. DDES will review the proposed project for compliance with the channel migration zone development standards in KCC 21A.24.275. Go to the next question. A floodplain study in accordance with Section 4.4.2 of the SWDM must be completed by a civil engineer (or authorized agency) to determine the appropriate floodplain boundary and base flood elevation that will be used by DDES to evaluate the proposed project's compliance with the flood hazard area development standards in KCC 21 A.24. See Section C.1.2.1 (p. C-10) for further details and requirements. Go to the next question. The project site must be relocated to land that is outside of the 100-year floodplain and above the base flood elevation, or a civil engineer must evaluate and modify the project as needed to comply with the standards in KCC 21A.24 for development within.the floodplain. This may require a major floodplain study in accordance with Section 4.4.2 of the SWDM to determine the floodway boundary of the flood hazard area. See Section C.1.2.1 (p. C-10) for further details and requirements. Go to e next question. 3 Base flood elevation is the elevation of the 100-year floodplain, at the project site, that has been determined in accordance with the standards in KCC 21A.24.230. 4 Channel migration zone means those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion and shifts in the location of stream channels, as shown on icing County's Channel Migration Zone maps. The channel migration zone includes two additional components, the severe channel migration hazard area; which includes the present channel width plus the area at greatest risk of lateral movement, and the moderate channel migration hazard area, which is the remaining portion of the channel migration zone. 2005 Surface Water Design Manual — Appendix C 1/24/2005 C-7 SECTION G I SMALL PROJECT DRAINAGE REVIEW REQUIREMENTS ,.�, 1 �AQUESTliONNr�IREIEI'OWeGHART ,z�TA'�LEcC i<OR'iR)ETEItMINiNGRLUIRK)jTS ;, '.C➢�-'`X+JP �'ti��:3s�r{.�r-�.°a<-.;.«`��1:=�i,�:�'�i�N��;+r�ia'�,h��.Ciia'��f�:`�»���![.iii�C`-�+_'�i�'S �t��K�wC'E - No a� Questionty"c of ny if"IVU ASS, ra!�rf'`•kica�k?'.JtU'2.?`�.'J�...".3t�F',.y,at t3, •u-zWCw�'- 7. Does the site contain or is it DDES may require additional Go to Me next ques ion. adjacent to an erosion flow control or ESC measures hazard area as determined by designed by a civil engineer to " DDES through a "critical area avoid impacts to these areas. review" per KCC 21 A.24,100? See Section C.1.2.2 (p. C-11) for further details. Go to the next question. 8. Does the site contain or is it DDES will review the project for 3o to the next question. adjacent to a steep slope compliance with the develop - hazard area or landslide ment standards for these hazard hazard area as determined by areas as specified iri KCC DDES through a "critical area 21A.24. The DDES staff review" per KCC 21A.24.100? geologist must approve all drainage systems for the project and may require a geotechnical analysis. A tightline designed by a civil engineer may be required to safely convey any concentrated runoff through the hazard area. See Section C.1.2.3 (p. C-11) for further details. Go to the next question, �. 9. Is the project located in a The project must meet the area- Go to the next question. basin planning area, specific drainage requirements, community planning area, some of which may require Critical Drainage Area (CDA), drainage systems or measures or other area with adopted designed by a civil engineer. area -specific drainage DDES will determine which requirements AND does the requirements are applicable an L' project exceed the minimum if engineering plans signed and H thresholds for these drainage stamped by a civil engineer art requirements as determined required. Go to the next by DDES (see Section question C.1.2.4, 2. C-12)? 10. Is the project proposing 3 ESC plans signed and stamped o 'o a nex question. acres or more of land by a civil engineer are required disturbing activity (see to address compliance with the Section C.1.2.5, p. C-12)? ESC standards for larger projects specified in Appendix D of the SWDM. Go to the next rimactigg 11. is the project proposing to Engineering plans signed and o to the next question. construct or modify a drainag i` stamped by a civil engineer are pipe or ditch that is 12 inches required to address compliance or more in diameter/depth, or with the Targeted Drainage does the project site receive Review requirements pertaining , surface or storm water from a to constructed or modified drainage pipe or ditch that is conveyance systems in the 12 inches or more in SWDM. Go to the next diameter/depth (see Section question. C.1.2.6, p. C-12)? 12. Are there any other drainage - Engineering analysis by a civil Go to the next question. features onsite (swales, engineer may be required. ditches, etc.) that may impact DDES staff will need to assess ' the proposed project or features. Go to the next downstream properties or be question. impacted by theproject? 1 /24/2005 2005 Surface Water Design Manual — Appendix C C-8 C.1,1 PROCEDURE FOR DETERMINING REQUIREMENTS - 3AI3LFrC I. �T.APOUESTI`O iNAIRE/FLOW HAR �F,Q,WDRTERMINTNG,RNQDIRE�MaE TS`e{ 13. 1Is the proposed project on a sitellot smaller than 22,000 square feet? App can rot BMPs in accordance with the Small Lot BMP Requirements in Section C.1.3.1 (p. C-13) and the Flow Control BMP Implementation Requirements in Section C.1.3 (p. C-18). P\pply flow control BMPs in ompliance with the Large Lot BMP Requirements in Section C.1.3.2 (p. C-15) and the Flow Control BMP Implementation Requirements in Section C.1.3.3 (p. C-18). Apply ESC measures in Apply ESC measures in accordance with Section C.1.4 accordance with Section CAA (p. C-20). (p. C-20). Comply with the small project F�A.5 ith the small project submittal requirements in requirements in . C-21 C.1.2 TARGETED DRAINAGE REVIEW REQUIREMENTS :r i EI� V' li 4 ^I� ` 2005 Surface Water Design Manual - Appendix C Targeted Drainage Review is usually required in addition to Small Project Drainage Review for any projects that have one or more of the following characteristics as determined by DDES; o The project's drainage or improvements may impact or be impacted by the presence of certain critical areas (i.e., streams, lakes, wetlands, flood hazard areas, erosion hazard areas, steep slope hazard areas, and landslide hazard areas). o The project is subject to additional drainage requirements by virtue of its location in areas where special drainage requirements have been adopted. o The project proposes 3 acres or more of land disturbing activity. o The project proposes to construct or modify a drainage pipe/ditch that is 12 inches or more in size or depth or receives runoff from a drainage pipe/ditch that is 12 inches or more in size or depth. o The project has other concerns that require evaluation, analysis, and/or design by civil engineer. For some small projects in Targeted Drainage Review, DDES permit review staff may be able to address some of the above concerns/requirements without a civil engineer through approval of the flow control BMPs/ESC measures in this appendix combined with increased setbacks, geoteclinical review, or permit approval conditions. In other cases, a civil engineer will be required to address specific requirements in the Sff,DM and submit engineering plans. Note: Targeted Drainage Review is not a substitute for a Critical Area Review. Small project proposals are not exempted from applicable requirements of KCC 2]A.24 (critical areas regulations) including critical area reports, notices on title, buffers, building setbacks, and development standards/alterations. 1/24/2005 C-9 q U r17-71f 1 Site Development Associates, LLC Appendix C Maintenance and Operations Manual Level One Downstream Analysis NELLIS PROPERTY SHORT PLAT Appendix C March 9, 2007 1'��_ Site Development Associates, LLC OPERATION & MAINTENANCE MANUAL NO. 1 - CATCH BASINS Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed General Trash & Debris Trash or debris of more than 112 cubic foot which is� No Trash or debris located (Includes Sediment) located immediately in front of the catch basin immediately in front of catch opening or is blocking capacity of the basin by ' basin opening. more than 10% Trash or debris (in the basin) that exceeds 113 the No trash or debris in the catch depth from the bottom of basin to invert the lowest basin. pipe into or out of the basin. Trash or debris in any inlet or outlet pipe blocking Inlet and outlet pipes free of more than 113 of its height. trash or debris. Dead animals or vegetation that could generate No dead animals or vegetation odors that could cause complaints or dangerous present within the catch basin. gases (e.g., methane). Deposits of garbage exceeding 1 cubic foot in Norconditionpresent which volume would attract or support the breeding of insects or rodents. Structure Damage to Corner of frame extends more than 314 inch past Frame is even with curb. Frame and/or Top Slab curb face into the street (If applicable). Top slab has holes larger than 2 square inches or Top slab is free of holes and cracks wider than 114 inch (intent is to make sure cracks. all material is running into basin). Frame not sitting flush on top slab, i.e., soparation Frame is sitting flush on top of more than 314 inch of the frame from the top slab. slab. Cracks in Basin walls/ Cracks wider than 112 inch and longer than 3 feet, Basin replaced or repaired to Bottom any evidence of soil particles entering catch basin design standards. through cracks, or maintenance person judges that structure is unsound. : Sediment/ Misalignment Cracks wider than 1/2 inch and longer than 1 foot No cracks more than 114 inch at the joint of any inlet/ outlet pipe or any evidence wide at the joint of inletloutlet of soil particles entering catch basin through pipe. cracks. Basin has settled more than 1 inch or has rotated Basin replaced or repaired to more than 2 inches out of alignment. design standards. Level One Downstream Analysis NELLIS PROPERTY SHORT PLAT Appendix C March 9, 2007 l a F"I'M ., Site Development Associates, LLC NO. 1 - CATCH BASINS (CONTINUED) Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed Fire Hazard Presence of chemicals such as natural gas, oil and No flammable chemicals gasoline. present. Vegetation Vegetation growing across and blocking more than 10% of the basin opening. Vegetation growing in inletloutlet pipe joints that is more than six inches tall and less than six inches apart. Pollution Nonflammable chemicals of more than 112 cubic foot per three feet of basin length. Catch Basin Cover Cover Not in Place Cover is missing or only partially in place. Any open catch basin requires maintenance. Locking Mechanism Mechanism cannot be opened by on maintenance Not Working person with proper tools. Bolts into frame have less than 1l2 inch of thread. Cover Difficult to One maintenance person cannot remove lid after Remove applying 80 lbs. of lift; intent is keep cover from seating off access to maintenance. Ladder Ladder Rungs Ladder is unsafe due to missing rungs, misalignment, Unsafe rust, cracks, or sharp edges. Metal Grates Grate with opening wider than 7/8 inch. (If Applicable) Trash and Debris Trash and debris that is blocking more than 20% of grate surface. Damaged or Grate missing or broken member(s) of the grate. Missing. NO.2 DEBRIS BARRIERS (E.G., TRASH RACKS) No vegetation blocking opening to basin. No vegetation or root growth present. No pollution present other than surface film. Catch basin cover is closed Mechanism opens with proper tools. Cover can be removed by one maintenance person. Ladder meets design standards and allows maintenance person safe access. Grate opening meets design standards, Grate free of trash and debris. Grate is in place and meets design standards. Maintenance Defect Condition When Maintenance is Needed Results Expected When Components Maintenance is Performed. General Trash and Debris Trash or debris that is plugging more than 20% of Barrier clear to receive capacity the openings in the barrier. flow. Metal Damaged/ Missing Bars are bent out of shape more than 3 inches. Bars. Bars are missing or entire barrier missing. Bars are loose and rust is causing 50% deterioration to any part of barrier. Bars in place with no bends more than 314 inch. Bars in place according to design. Repair or replace barrier to design standards. Level One Downstream Analysis NELLIS PROPERTY SHORT PLAT Page C March 9, 2007 Site Development Associates, LLC NO. 3 - ENERGY DISSIPATERS Maintenance Defect Conditions When Maintenance is Needed Results Expected When Components Maintenance is Performed. External: Rock Pad Dispersion Trench Internal: Manhole/ Chamber Missing or Moved Only one layer of rock exists above native soil in Replace rocks to design Rock area five square feet or larger, or any exposure of standards. native soil. Pipe Plugged with Accumulated sediment that exceeds 20% of the Pipe cleaned/ flushed so that it Sediment design depth. matches design. Not Discharging Visual evidence of water discharging at Trench must be redesigned or Water Properly concentrated points along trench (normal condition rebuilt to standards. is a "sheet flow" of water along trench). Intent is to prevent erosion damage. Perforations Over 1/2 of perforations in pipe are plugged with Clean or replace perforated pipe. Plugged. debris and sediment. Water Flows Out Maintenance person observes water flowing out Facility must be rebuilt or Top of "Distributor' during any storm less than the design storm or its redesigned to standards. Catch Basin. causing or appears likely to cause damage. Receiving Area Water in receiving area is causing or has potential No danger of landslides. Over -Saturated of causing landslide problems. Worn or Damaged Structure dissipating flow deteriorates to 1/2 or Post. Baffles, Side of original size or any concentrated worn spot Chamber exceeding one square foot which would make structure unsound. Other Defects See "Catch Basins" Standard No. 2 Replace structure to design standards. See "Catch Basins" Standard No. 1 Level One Downstream Analysis Page C NELLIS PROPERTY SHORT PLAT March 9, 2007 t. Site Development Associaies, LLC . NO.4 -FENCING Maintenance Defect Conditions When Maintenance is Needed Results Expected When Components Maintenance is Performed General Missing or Broken Any defect in the fence that permits easy entry to Parts in place to provide adequate Parts a facility. security. Erosion Erosion more than 4 inches high and 12-18 No opening under the fence that inches wide permitting an opening under a exceeds 4 inches in height. fence. Wire Fences Damaged Parts Post out of plumb more than 6 inches. Post plumb to within 1-112 inches. Top rails bent more than 6 inches. Top rail free of bonds greater than 1 inch. Any part of fence (including post, lop rails, and Fence is aligned and meets design fabric) more than 1 foot out of design alignment. standards. Missing or loose tension wire. Tension wire in place and holding fabric. Missing or loose barbed wire that is sagging Barbed wire in place with less than more than 2-112 inches between posts. 314 inch sag between post. Extension arm missing, broken, or bent out of Extension arm in place with no shape more than 1 112 inches. bends larger than 314 inch. Deteriorated Paint or Part or parts that have a rusting or scaling Structurally adequate posts or Protective Coating condition that has affected structural adequacy. parts with a uniform protective coating. Openings in Fabric Openings in fabric are such that an 8-inch- No openings in fabric. diameter ball could fit through. NO.5 - GATES Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is Performed General Damaged or Missing Missing gate or lacking devices. Gates and Locking devices in Members place. Openings in Fabric Broken or missing hinges such that gate cannot Hinges intact and lubed. Gate is be easily opened and dosed by a maintenance working freely. person. Gate is out of plumb more than 6 inches and more than 1 foot out of design alignment. Missing stretcher bar, stretcher bands, and ties. See "Fencing" Standard No. 5 Gate is aligned and vertical. Stretcher bar, bands and ties in place. See "Fencing" Standard No, 4 Level One Downstream Analysis NELLIS PROPERTY SHORT PLAT Page C March 9, 2007 1' 4� _,w-a Site Development Associates, LLC NO.6 - CONVEYANCE SYSTEMS (PIPES & DITCHES) Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is Performed Pipes Sediment & Debris Accumulated sediment that exceeds 20% of the Pipe cleaned of all sediment and diameter of the pipe. debris. Vegetation Damaged Open Ditches Trash & Debris Sediment Vegetation Rock Lining Out of Place or Missing (If Applicable). Catch Basins Debris Barriers (e.g., Trash Rack) Vegetation that reduces free movement of water All vegetation removed so water through pipes. flows freely through pipes. Protective coating is damaged; rust is causing Pipe repaired or replaced. more than 50% deterioration to any part of pipe. Any dent that decreases the cross section area of Pipe repaired or replaced. pipe by more than 20%. Trash and debris exceeds 1 cubic foot per 1,000 Trash and debris cleared from square feet of ditch and slopes. ditches. Accumulated sediment that exceeds 20 % of the design depth. Vegetation that reduces free movement of water through ditches. Maintenance person can see native soil beneath the rock lining. See "Catch Basins: Standard No. 2 See "Debris Barriers" Standard No.3 NO.7 - GROUNDS (LANDSCAPING) Ditch cleaned/ flushed of all sediment and debris so that it matches design. Water flows freely through ditches. Replace rocks to design standards. See "Catch Basins" Standard No. 1 See "Debris Barriers" Standard No. 2 Maintenance Defect Conditions -When Maintenance is Needed Results Expected When Component Maintenance is Performed General Weeds Weeds growing in more than 20% of the landscaped Weeds present in less than 5% (Nonpoisonous) area (trees and shrubs only). of the landscaped area. Safety Hazard Trash or Litter Trees and Shrubs Damaged Any presence of poison ivy or other poisonous No poisonous vegetation vegetation. present in landscaped area. Paper, cans, bottles, totaling more than 1 cubic foot Area clear of litter. within a landscaped area (trees and shrubs only) of 1,000 square feet. Limbs or parts of trees or shrubs that are split or broken which affect more than 25% of the total foliage of the tree or shrub. Trees or shrubs that have been blown down or knocked over. Trees or shrubs which are not adequately supported or are leaning over, causing exposure of the roots. Trees and shrubs with less than 5% of. total foliage with split or broken limbs. Tree or shrub in place free of injury. Tree or shrub in place and adequately supported; remove any dead or diseased trees. Level One Downstream Analysis Page C ,NELLIS PROPERTY SHORT PLAT March 9, 2007 ji ' .gay � Site Development Associates, LLC NO.8 -ACCESS ROADS/ EASEMENTS Maintenance Defect Condition When Maintenance is Needed Results Expected When Component Maintenance is Performed General Trash and Debris Trash and debris exceeds 1 cubic foot per 1,000 Roadway free of debris which square feet i.e., trash and debris would fill up could damage tires. one standards size garbage can. Blocked Roadway Debris which could damage vehicle tires (glass Roadway free of debris which or metal). could damage tires. Any obstruction which reduces clearance above Roadway overhead clear to 14 feet road surface to less than 14 feet. high. Any obstruction restricting the access to a 10 to Obstruction removed to allow at 12 foot width for a distance of more than 12 feet least a 12 foot access. or any point restricting access to less than a 10 foot width. Road Surface Settlement, Potholes, When any surface defect exceeds 6 inches in Road surface uniformly smooth Mush Spots, Ruts depth and 6 square feet in area. In general, any with no evidence of settlement, surface defect which hinders or prevents potholes, mush spots, or ruts. maintenance access. Vegetation in Road Weeds growing in the road surface that are more Road surface free of weeds taller Surface than 6 inches tali and less than 6 inches tall and than 2 inches. less than 6 inches apart within a 400-square fool area. Modular Grid Build-up of sediment mildly contaminated with Removal of sediment and disposal, Pavement petroleum hydrocarbons. in keeping with Health Department recommendations for mildly contaminated soils or catch basin sediments. Shoulders and Erosion Damage Erosion within 1 foot of the roadway more than 8 Shoulder free of erosion and Ditches inches wide and 6 inches deep. matching the surrounding road. Weeds and Brush Weeds and brush exceed 18 inches in height or Weeds and brush cut to 2 inches in hinder maintenance access. height or cleared in such a way as to allow maintenance access. Level One Downstream Analysis Page C NELLlS PROPERTY SHORT PLAT March 9, 2007 Site Development Associates, LLC SECTION t O Department of Development and Envlronmental Services 900 Oakesdele Avenue Southwest Renton, Washington 98055-1219 August I l h, 2006 Mr. Jonathan Kurth Davis Consulting, Inc. 1201 Monster' Rd. SW. 4320 Renton, WA 98055 RE: PMliminary A proval for Short Subdivision T g-USSQ 1 a Dear Mr. Kurth: The Land Use Services Division (LUSD) has completed review of the short subdivision application captioned above. The LUSD finds that the proposed short subdivision compfies with the King County Land Segregation Code (Title 19A), Zoning Code ('Title 21 A), and other applicable codes as specified in King County Code (KCC) 19A.08.060. The short subdivision is granted preliminary approval subject to the Conditions of Prciiminary Approval attached hereto and ineorpgratcd herein by reference. Any aggrieved party may appeal this decision by the appeal deadline, which is Angust 2S'a. 2006. The appeal procedure is enclosed for your information, The preliminary approval is valid for a period of 60 months from the date of this letter, -unless an appeal is filed. In the event that an appeal is filled, the preliminary approval is valid for a period of 60 months frorn the date of the appeal decision. Enclosed are the following: e Notice of Decision Conditions of Preliminary Approval • Appeal Procedure If you have any questions regarding this letter, please contact Ang6liea Velttsquez, Program Manager, at (206) 296-7136 and Curt Foster, Engineer, at (206) 296-7106, Sincerely, -73 Jim Sanders, RE., Development Engineer, Engineering Review Section, LUSD Enclosures cc:. Applicant File Li Dinsmore, Supervisor, Current Planning Section, LUSD i KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL. SE CES LAND USE SERVICES DIVISION 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 REPORT AND DECISION SHORT SUBDIVISION File No. LOSS0064 A. QESCftIPTIQN OF THE PROPOSED SHORT SUBDIVISION: This is a short subdivision of .41 acres (17,880 sq. ft.) into 4 lots for detach single- family dwellings in the R-8 54 zone. The proposed density is 10 dwelling un s per acre. Each lot measures approximately 4,445 sq. ft. in size. Based on the d' nsity calculation worksheet submitted by the applicant, the number of dwelling uni s allowed is 3. The applicant proposes to achieve the increase in density (1 additional lot) through the transfer of development credit (CDC) program established by Klrig County Code 21A.55. A revision modifying the conceptual drainage plan was submi#ed on June e, 2006. Refer to Attachment 1 for a copy of the short plat map. a, GENERAL INFORMATION: Owner/Applicant: Daric Nellis (425) 208-6542 16816 104" Ave. SE Renton, WA 98055 Engineer: Darrell OfFe (425) 260-3412 Offe Engineers 13932 SE 159"Pi. Renton, WA 98058 STR: SW 29-23-05 Location; 16816 104"' Ave. SE, Renton, WA. Zoning: R-8 SO Aoreage: .41 ac. (17,880 sq. ft.) Number of Lots: 4 Density: 10 d.uJacre Lot Size: Each lot measures approx, 4,445 sq. ft. Proposed Use: Single family residential . Sewage Disposal: Soos Creek Water & Sewer Dlstrlct Water Supply: Soos Creek Water & Sewer District Fire District: King County Fire District 40 School District: Renton School District 403 Complete Application Date: February Wh, 2006 C. NATURAL ENVIRONMENT Topography: The site slopes gently clown towards a steep slope locatord along the western border. 2. Soils: AgB and AgC sails are found on this site per King County Soil Survey, 1973. Report &. Decision L.4SS0064 pgB - Alderwood gravelly, sandy loam;.0-6% slopes. Runoff Is slow and the erosion hazard €s slight. This soil type has a moderate limitation for low building foundations due to a seasonally high water table, and severe limitations for septic tank filter fields due to very slow permeability In the substratum, LqQ - Alderwood gravelly, sandy loam; 6-16% slopes. Runoff Is slow to medium and the hazard of erosion Is moderate, This soil has a moderate limitation for foundations, due to a seasonally high water table and slope. It has a severe limitation for septic tank filter fields due to very slow permeability In the substratum. 3. Wetland/streams: According to the King County Sensitive Areas Folio, no mapped hydrographic features exist on or near this site, which lies within the Rolling Hills sub -basin of the Black River drainage basin. 4. Vegetation: This site is covered with small shrubs, lawn grass and small to medium-sized trees, 5. Wildlife: Small birds and animals undoubtedly inhabit this site; however, their population and species are limited due to nearby development_ urger species may also visit this site on occasion. 6. Mapped Sensitive Areas: According to the Sensitive Areas Folio, there are no mapped sensitive areas present on this site. D. DQIGH FEATURES 1. Density, Lot Pattern, Comprehensive & Community Plan/SDO: The proposal complies with the King County Code (KCC 21A), is designated Urban in the King County comprehensive plan and is located in the Soos Creek community planning area. Ali the special district overlays that once.applied to this site (SO- 220, SC-P3, and KCC 16.82.095) have either been repealed or are now part of the Critical Areas Ordinance. The applicant proposes to achieve an Incroase in density (1 additional lot) through the transfer of development credit (TDC) program established by King County Code 21A.55. The STC has no objection to the increase in density. Access/Roadway Section: Access to the short plat is from 104t' Avenue SE, an urban sub -collector road. The current roadway is in a 30 foot wide right of way that has 17 feet of pavement and a ditch with driveway culverts along the frontage. This roadway has about a 5 % slope from the north down to the south. The bank next to the existing house is 4-5 feet above the roadway. The entering and stopping distances may be impacted if the bank remains In the present location. The boundary of the City of Renton is at the west edge of the existing right of way. This property Is approx€mately 75 feet south of a -widened roadway section. The applicant, who is also the owner of the property to the west, states that he has applied for a permit from the city to develop a plat on that property. The subject proposal is to construct curb gutter and sidewalk Improvements along the property frontage which aligns with the existing improvements and the proposed development directly to the west, 3. Drainage: The site Is developed with a single family residence and a landscaped yard. The yard slopes down from east to west, and most of the run off will drain directly Into the roadside ditch. The adjoining parcel to the east sheet flows onto the site. The roadside ditch Is well maintained at this point and continues to the south through a series of driveway culverts. The adjoining land to the north also drains into this ditch and the drainage must be allowed to flow past the site. The proposal is to use small project drainage control by limiting the new Impervious surface, perforated tightline downspouts and using permeable pavement for the driveway to meet the minimum Best Management Practices needed for small projects drainage review roquirements. Report and Decision 2 of 8 L05SO064 4. Utilities: a. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by the Soos Creek Water and Sewer District. The district issued the applicant a certificate of sewer availability dated September 2p°, 2005. b. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by the Soos Creek Water and Sewer District. The district issued the applicant a certificate of water availability dated September 2"0, 2005. Schools: This proposal has been reviewed under RCW 58.17.110 and KCC 21A.28 (School Adequacy). a. School Facilities: The subject subdivision will be served by Cascade Elementary, Nelson Middle School and Lindbergh High School, all located within the Renton School District. b. School Capacity: The Renton School Board has adopted capacity figures which indicate their ability to accommodate the anticipated students generated by this proposal. C. School Impact Fees: King County code requires that an Impact fee per lot be Imposed to fund school system improvements to serve new development within this district. Payment of this fee in a manner consistent with King County code is a condition of subdivision approval. d. School Access: The District has indicated that the future students from this subdrv€sloe will be bussed to the elementary and high schools and walk to the middle school. There are no sidewalks in the neighborhood. The bus stop for the elementary school Is located at 106'h Ave. SE & SE 166t' St„ and the bus stop for the high school is located at 108"' Ave. SE & Sir 1 7ai' St. E. SEPA THRESHODETERMINATION: This short subdivision application is exempt from review under the State Environmental Policy Act (SEPA), RCW 43.21 C. F. FIN DiNGS/CONc USI The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County (i.e. 1993 King County Road Standards, 2005 Surface Water Design Manual, etc.), based upon the conditions for final short plat approval. G. DECISION: Proposed Short Plat (file No. L05S0064), revised June 9", 2006 as described by Attachment 1 of this report is GRANTED PRELIMINARY APPROVAL; subject to the following conditions of final approval: 1. KCC Title 19A — Compliance with Final Short Subdivision Requirements Compliance with all of the Land Segregation provisions of King County Code (KCC) Title 19A, The final short subdivision recording documents must be prepared by a professional land surveyor, licensed in the State of Washington, These documents shall comply with the conditions of approval listed In this letter, Report and Decision 3 of 8 L05SO064 •,l C. The final review process must be completed prior to the recording of the short. subdivision or the sale of any lots contained within. The Department of Development and Environmental Services (DDES) strongly recommends that the Final Short Pigt review paotsgas b&_sttbmltted ig thg department at least one mr prior to the_expiratjon date of the m9liminery appr�yal letter{, - d. All persons having. an ownership interest in the subject property shall sign on the face of the final short subdivision. e. All utilities within proposed rights -of -way must be included within a franchise approved by the King County Council prior to final short plat recording. 2. Access requirements (KCC 14) 1993 King County Roads Standards (KCRS) Roadway Improvements are required to address access requirements and Impacts to existing roads and right-of-way. All construction and upgrading of public and private roads shall be done In accordance with the 1993 King County Road Standards established and adopted by Ordinance No. 11187, as amended (KCRS). The proposed short subdivision shall comply with•the KCRS including the following requirements, unless otherwise approved by ODES: a. The extent of improvements (conditioned below) requires the submittal of engineering plan and profiles and appropriate review fees. Plans shall be prepared and stamped by a professional engineer licensed In the State of Washington, and shall contain the applicable elements outlined In KCRS and/or the 2005 Surface Water Design Manual (see Section 2.2.2), The applicant should submit the plans a minimum of six (8) months prior to the preliminary approval expiration date. b. Frontage improvements shall -be required along the entire length of the frontage of 1081h Avenue SE for an urban subcollector half street per KCRS 2,03. The existing ditch shall be piped to the south edge of the short plat: C. The roadway shall be widened to a minimum of 20 feet per KCRS (2.03) for the 1A street construction of an urban subcollector roadway. The roadway may be widened on the west side of the existing paved area if the applicant obtains the required City of Renton permits to install additional roadway within Its Jurisdiction and dedicated as right of way or a public access easement is established or the entire 20 feet of pavement shall be required in the existing right of way. This may require dedication of additional right of way to Include all the paved roadway and sidewalk. The proposed curb line shall be aligned with existing curb about 200 north Df the short plat lot. 3. Surface Water. Management and Control (Title 9 KCC) - 2005 King County Surface Water Design Manual (SWDM) SMALL_ PROJECT BMP'S Small Project drainage reviewl best management practices (BMPs), (SWDM Section 1.1.2.1) is required for the new Impervious surface (frontage Improvements, driveways and new houses) created with this project. The review shall be Included with the final platting submittal package (Title 19A). Alternatively, the lot improvements may be submitted and reviewed separately at the building permit stage. Report and Decision To implement the required Best Management Practices (BMPs) for treatment of storm water, the final plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. As described in Chapter 5 of the drainage manual, a 4ofa W5SOo64 subdivision project may implement the required BMPs or defer the lot BMP requirements and future review of building permits. In either case, the final plans shall clearly indicate the applicable BMP standards and requirements for implementation on the recorded plat; b. if the BMPs are reviewed with the site plan'and final plat map the following note shall be shown on the final recorded plat. "All building permits on lots of this short plat shall comply with the approved small projects site plan on file with ODES (short plat final review activity XXXXXX). Applications that do not Comply may be subject to full drainage review." C. If the subdivision applicant chooses to defer implementation of lot BMPs to the building permit process, the following note shall be shown on the final recorded plat: "Permit applications for buildings or other Improvements constructed on lots created by this subdivision must be reviewed by King County for compliance with best management practices (BMPs) and other applicable drainage standards as specified In the SWOM as determined by King County, the permit applicant for each lot must prepare a drainage site plan with procedures for design and maintenance details and record a declaration of covenant and grant of easement for implementation of the best management practices. These plans shall conform to the restriction of approved conceptual drainage plan of a limit of 2,500 square feet of Impervious surface, perforated tight line for downspout runoff and 440 square feet of permeable pavement'unless other BMl s have been reviewed and approved by DDES". 4. Site Improvement Inspections* Fees and Financial Guarantees (Title 19 & 27 KCC) Approved engineering plans, inspection fee and applicable financial guarantees are required prior to either starting construction or recording this short plat. At the time of engineering plan approval, you will be notified of the fee amount that will be required td inspect construction and the amount shall be deposited with DDE=S and of the financial guarantee amount(s) required prior to scheduling of the pre -construction meeting. Please note that the pre -construction meeting is mandatary prior to the start of any work (including site clearing) or the recording of the short plat. S. Health (KCC 13) This project is exempt from further King County Heath Department review. However, if improvements are required from the Sewer and/or the Water District, then verification shall be required from said District(s) that the improvements have been bonded and/or Installed, prior to final recording of the snort plat. B. Building and Construction Standards (Title 16) The applicant shall comply with all applicable provisions of KCC 16.82. 7, Fire Code' (KCC 17) Section 902 of the 1997 Edition of Uniform Fire Code The applicant must obtain the approval of the King County Fire Protection Engineer for the'adequacy of the fire,hydrent, water main and fire flow standards of Chapter 17.08 of the King County Code. Report and Decision 5 08 TA5SOO(A S. Zoning Code (KCC 21A) A. Density and Dimensions (KCC 21A.12) All lots shall meet the density and dimensions requirements of the R-B SO zone classification or shall be as shown on the face of the approved preliminary short subdivision, whichever Is larger. Minor revisions to the short subdivision, which do not result in substantial changes and/or do not create additional lots, may be approved at the discretion of the Department of Development and Environmental Serviaes. Based on the density calculation worksheet submitted by the applicant, the number of dwelling units allowed Is 3. The applicant proposes to;achieve the Increase In density (1 additional lot) through the transfer of development credit (TDC) program established by King County Code 21A.65. The applicant shall provide vertfication of the TDC prior to engineering plan approval. If a TDG certificate cannot be obtained, the short plat shall be reconfigured. B. Street Trees (KCC 21A.16) - Street trees shall be provided as fgllows (per KCRS 5.03 and KCC 21A.16.050): 1. Trees shall be planted at a rate of one tree for Avery 40 feet of frontage along all roads: Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Report and Decision 2. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 190a King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of- way. 3. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right -of --way line. 4. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a M. aintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. 5. The species of trees shall be approved by DDES if located within the right-of-way, and shall not Include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. 6. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. T The applicant shall contact Metro Service Planning at 684-1622 to determine if 104'" Avenue SE Is on a bus route, if it is, the street tree plan shall also be reviewed by Metro. 8. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be Installed and inspected within two year of recording of the plat. At the time of inspection, If the trees are found to be Installed per the approved pian,.a maintenance bond must be submitted or the performance bond replaced with a maintenance bond. and held for two years. After two years, the 6of8 L05300b4 maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 9. Road Mitigatton Payment System -- KCC 14,75 The applicant or subsequent owner shall comply with Road Mitigation Payment System (MPS), King County Code 14.75. by paying the required MPS fee and administration fee as determined by King County Department of Transportation. The applicant has an option to either: A. Pay the MPS fee at final short plat recording, or 13. Pay the MPS fee at the time of building permit issuance. If the first option Is chosen, the fee paid shall be the fee In effect at the time of short plat application and a note shall be placed on the face of the short plat that reads, "All fees required by King County code 14.75, Mitigation Payment System (MPS) have been paid." If the second option is chosen, the fee paid shall be the amount In effect as of the date of the building permit application. 10. Schocil Impact Fees — KCC 21A.43 Lots within this subdivision are subject to King County Code 21A.43, which Imposes impact fees to fund school system Improvements needed to serve new development. As a condition of final approval, the total amount of the school Impact4be shall be assessed and collected when the building permit is Issued using the Impact fee schedule in effect at the time of building permit submittal. Other Considerations A. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may Include, but not be limited to, obtaining a forest practice permit, an HPA permit, building permits, and other types of entit]ernents as necessitated by circumstances. B. Development of the subject property may require registration with the Washl6gton State Department of Licensing, Real Estate Division.. Parties and PgMons.12f Interest: Pat M. Cruse, 16816 104 Ave. SE, Renton, WA 98055 Daric Neliis, 16816 11'04ffi Ave. SE, Renton, WA 98055 Jonathan Kurth, Davis Consulting, 1201 Monster Rd. SW, Renton, WA 98055 Jim Sanders, P.E., Development Engineer, Engineering Review Section, LUSD, DDES Curtis Foster, P.E., Senior Engineer, Engineering Review Section, LUSD, ODES Pat Simmons, Project Engineer, Engineering Review Section, LUSD, DDES Lisa Dinsmore, Supervisor, Current Planning Section, LUSD, DDES Kim Claussen, Program/Project Manager III, Current Planning Section, LUSD, ODES Angelica Vel6squez, Program/Project Manager 11, Current Planning Section, LUSD, DDES Report and Decision 7of8 L05SO064 t Appeal Information and Parties of Record J.GH?_TO APPEA This action may be appealed in writing to the King County Hearing Examiner, with a fee of $250 (check payable to King County Office of Finance). As required by KCC 20.20.090 and 20.24.090, the appeal period shall be fourteen (14) calendar days and shall commence on the third day after the notice of decision is mailed. Filing an appeal requires actual delivery to the Kin County land Use Services Division prior to the close of business (4:30 p.m.) on August 21 `_ 2008. Prior mailing Is -not sufficient if actual receipt by the Division does not occur within the applicable time period, The Examiner does not have authority to extend the time period unless the Division is not open on the specified closing date, in which event delivery prior to the close of business on the next business day Is sufficient to meet the filing requirement. If a timely Notice of Appeal has been fled, the appellant shall file a statement of appeal within a 21-day calendar period commencing three days after the notice of declston is mailed. The statement of appeal shall identify the decision being appealed (including file number) and the alleged errors In that decision. The statement of appeal shall state: 1) specific reasons why the decision should be reversed or modified; and 2) the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based on matters or Issues raised in the statement of appeal. .Failure to timely file a notice of appeal, appeal fee, or statement of appeal deprives the Examiner of jurisdiction to consider the appeal, Appeals must be submitted to the Department of Development and Environmental Services, addressed as follows: LAND USE APPEAL Land Use Services Division Department of Development and Environmental Services BlackRiver Corporate Park 900 Oakesdale Avenue Southwest Renton, WA 980555-1219 Any party may make a request for a pre -hearing conference. For more information regarding appeal proceedings and pre -hearing conferences, please contact the Office of the Examiner for a Citizens' Guide to the Examiner Hearings and/or read KCC 20.20 and°20.24. Report and Decision 8of8 L05SO064 '.Fife Na: ,�/j � '� _ pate: -- - � Revision Date: 0'. North C, �Q some; LUZ 2 I Fs 0 5s M", Site Development Associates, LLC LJ . City of Renton TECHNICAL INFORMATION REPORT (TIR) WORKSHEET 'd Project Owner: Nellis Property, LLC Address: 1201 Monster Road SW Suite #320 Renton, WA 98057 Phone: (425) 228-5959 Project Engineer: Darrell Offe, P.E. Company: Offe Engineers, PLLC Address/Phone: 13932 SE 159th Place Renton, WA 98058-7832 (425) 260-3412 ❑ Subdivision Short Subdivision El Grading ❑ Commercial ❑ Other DESCRIPTION Project Name: Nellis Short Plat L05SO064 Location Township: 23 North Range: 5 East Section: 29 'OTH R "TA ER,REVI EWS,,AND PERM ITS E DFW HPA El Shoreline Management El COE 404 El Rockery ❑ DOE Dam Safety El Structural Vaults ❑ FEMA Floodplain ❑ Other ❑ COE Wetlands a'rt" ISIT;EC,DM UNITY'AN D DRAINAGE GE BASIN Community Drainage Basin qq Pbrt,6'. SITE CHARACTERISTICS 0 River 11 Stream ❑ Critical Stream Reach ❑ Depressions/Swales L1 Lake ❑ Steep Slopes El Floodplain El Wetlands 11 Seeps/Springs El High Groundwater Table ❑ Groundwater Recharge ❑ Other Part 7.�s "5 L S,`,0 Soil Type Slopes Erosion Potential Erosive Velocities AgC 15-40% Possible ❑ Additional Sheets Attached ";N T Part H 8,--0EVEL6FjK4ENf1LIMITATIONS` h�4.' - REFERENCE LIMITATIONISITE CONSTRAINT ❑ Ch. 4 — Downstream Analysis F] ❑ Additional Sheets Attached 4, , P 9'-ESCREbUIREM�'�ENT.S MINIMUM ESC REQUIREMENTS MINIMUM ESC REQUIREMENTS DURING CONSTRUCTION AFTER CONSTRUCTION L] Sedimentation Facilities Ll Stabilize Exposed Surface El Stabilized Construction Entrance 0 Remove and Restore Temporary ESC Facilities Lj Perimeter Runoff Control L1 Clean and Remove All Silt and Debris El Clearing and Grading Restrictions ❑ Ensure Operation of Permanent Facilities ❑ Cover Practices E Flag Limits of SAO and open space ❑ Construction Sequence preservation areas ❑ Other F1 Other El Grass Lined Channel Pipe System AOpen Channel 11 Dry Pond El Wet Pond ❑ Tank ❑ Vault L1 Energy Dissipater ❑ Wetland ❑ Stream ❑ Infiltration Method of Analysis ❑ Depression' ❑ Flow Dispersal Compensation/Mitigati on of Eliminated Site ❑ Waiver Storage ❑ Regional Detention Brief Description of System operation: Catch basins within curb line of street, conveyance to an open ditch to the south of the project on the east side of 104'h Avenue SE. Facility Related Site Limitations Reference Facility Limitation Part 1 St RU C"'T'U Rk -ANAEY'S (9" Cast in Place Vault ❑ Retaining Wall ❑ Rockery > 4' High ❑ Structural on Steep Slope ❑ Other E 'S/TR CT E A S% ❑ Drainage Easement ❑ Access Easement ❑ Native Growth Protection Easement El Tract [I Other ,,PartJ 3, ,-SIGNATUAE'C)�'��'kOF�§SIONAL -E4 G".4' I or a civil engineer under my supervision have visited the site. Actual site conditions as observed were incorporated into this worksheet and the attachments. To the best of my knowledge the information provided herelis accurate. SigHedldafe Site Development Associates, LLC SECTION [Al om,-' �a ` �—R MI TIGA S TT�. _ TER ' f. O NlN' 4,111U0111-WA-H -31 1 Or --41 a- F. Address: 16816 — 104`h Avenue SE Renton, Washington 98055 Parcel Number: 00870-0116 Parcel Size: Existing Site 17,880 square feet Existing House/Patio/Driveway 2,810 sf Total Impervious 2,810 sf Proposed Site Lot 1 - 4 (Impervious Restricted) 10,000 sf Frontage Improvements 1,614 sf Total Impervious 11,614 sf Site Area Analysis The final site condition will have 11,614 square feet of impervious area. The existing site has 2,810 square feet of impervious. The proposed project will create less than 10,000 square feet of impervious surface. Proposed Impervious — Existing Impervious = Net New Impervious Area 11,614 sf — 2,810 sf = 8,804 sf The project will create less than 10,000 square feet of impervious area. The site will be subject to the requirements of the KCSWDM, Appendix C, which contains small site BMP requirements. Proposed Mitigation per KCSWDM, Appendix C — Section C.1_.3.1: 1. Limit Impervious Surface — See attached Calculations 2. Perforated Tight Line to Street Storm System 3. Permeable Pavement — See attached Calculations. SMALL LOT BMP CALCULATIONS: This site does not support dispersion or infiltration so we are using the list of BMPs in item 3 of C.1.3.1 on this site in conjunction with item 4 (perforated tightline). The BMPs that we have chosen are Reduced Impervious Surface Credit and Permeable Pavement. The calculations for their individual credits are attached. The KCSWDM States that the project must mitigate for an impervious area equal to al least 20% of the site/lot area. Our BMPs mitigate for: Reduced Impervious area = 3,410 SF Permeable Pavement = 880 SF Total = 4,290 SF Percentage of site area = 4,290 SF117,880 SF = 24% Reduced Impervious Area (Per KCSWDM C.2.9): Site Area - 17,880 SF Site Zoning = R-8 Max Impervious Surface per Code 75% or 13,410 SF Impervious Surface Proposed = 10,000 SF Credited Impervious Surface = 3,410 SF DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21 A.12.010 - 21A.12.030 21A.12.010 Purpose. The purpose of this chapter is to establish basic dimensional standards for.development relative to residential density and as well as specific rules for general application. The standards and rules are established to provide flexibility in project design, and maintain privacy between adjacent uses. (Ord. 10870 § 338, 1993). 21A.12.020 Interpretation of tables. A. K.C.C. 21A.12.030 and 21A.12.040 contain general density and dimension standards for the various zones and limitations specific to a particular zone(s). Additional rules, exceptions, and methodologies are set forth in K.C.C. 21A.12.050 through 21A.12.210, B. The density and dimension tables are arranged in a matrix format on two separate tables and are delineated into'two general land use categories: 1. Residential; and 2. Resource and Commercial/Industrial. C. Development standards are listed down the left side of both tables, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone. A blank box indicates that there are no specific requirements. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote following the standard. (Ord. 10870 § 339, 1993). 21A.12.030 , Densities and dimensions - residential zones. A. Densities and dimensions - residential zones. RESIDENTIAL 2: RURAL URBAN URBAN D RE- RESIDENTIAL N SERVE E S STANDARDS RA- RA-5 RA-t0 RA-20 OR R.1 (17) R-4 R4 R-9 R-12 R-13 R-24 R49 2.5 Bau De-Ity: 02 02 0.1 0." 02 1 4 e e 12 1e 24 4a I3w.Illm9 dWac dine. dulac dd. dulac dWae dine' dWae dufae dWae dulae dulac du)ac UnIVAcr. 12l) {6} 1 Maximum Density: 0.4 6 9 12 1t 27 36 T2 Dwelling UnWAcre dWae dulae dulae dWae dupe didac dWae dWae 1 20 22 Minimum Denstty: 11W. 45% 55% 80% 75% 70% 45% (2) ("1 {12) 1121 (la) (1e) rye) (19) rye! f1e1 {1e! 23 Minimum Lml Am(13) 1.e75 3.75 7.5 aC 15 ac Minimum Lot 135 ft 135 R 135 ft 135 R 35 R 35 R 30 ft 30 R 3o ft 30 R 3011 30 ft 30 ft wMrh (n {7} 3 Minimum St-1 30 ft 30 A: 104 30R 30ft 20ft loft loft loft loft loft loft loft S.tback (0) (9) (9) (9) (7) (T) (8) lei 48) (9) (a) (a) (a) 3 Minimum imrier 5R 10R tOR 10R 5R 5ft 5ft 5R SR 5ft SR SR Eft 5atback (9) (9) (9) (9) (7) (7) (10) (10) (10) (10) 3 16 ease N.ighl 40R 40R 40ft 40R 35ft 35ft 35R 3511 35R 60R 60ft soft 60ft (4) (25) 45ft 45R soft soft 30R 414) (14) (141 (14) (14) 25 2 Maximum ImP.M... 25% 20% 15% 12.5% 30% 30% 55% 70% ,� t' 75% e5% 55% 95% 90% Surface: (11) (11) (41) (11) (11) 1111 (25) 4251 t (23) (25) (25) (25) (25} Parcant.g.(6) (191 (25) (191 (25) (19) (11) (19) (251 (25) (29 •R1' I.a1°' 2 B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C.C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040.F.1.g. and F.6. 2. Also see K.C.C. 21A.12.060. 3, These standards may be modified under the provisions for zero -lot -line and townhouse developments. 21 A-107 (King County 9-2005) 21A.12.030 ZONING 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements -but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall hot exceed one hundred twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a. Regional uses shall be established at the time of permit review; b. Nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12.220; c. Individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. A lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone apply if a lot is less than fifteen thousand square feet in area. 8. At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street properly line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zones or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R4 zone. 10.a. For developments consisting of three or more single -detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on -site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet. b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on -site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A.2. 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K.C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals as provided in K.C.C. chapter 21 A.14. 14, The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent . finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 21 A--108 (King County 9-2005) DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12.030 15. Density applies only to dwelling units and not to sleeping units. 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17.a. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain; (2) a critical aquifer recharge area; (3) a regionally or locally significant resource area; (4) existing or planned public parks, or trails, or connections to such facilities; (5) a category type S or F aquatic area or category I or I I wetland; (6) a steep slope; or (7) an urban separator or wildlife habitat network designated by the Comprehensive Plan or a community plan. b. The development shall be clustered away from critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On -site critical area and buffers and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation, with no development of recreational facilities, and natural -surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat -specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 zoned parcels receiving density from rural forest focus areas through a transfer of density credit pursuant to K.C.C. chapter 21A.37. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R4 when located in the Rural Town of Fall City. 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808 on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808, by more than ten percent. 25. For cottage housing developments only: a. The base height is eighteen feet. b. Buildings have pitched roofs with a minimum slope of six and twelve may extend up to twenty-five feet at the ridge of the roof. 21 A----109 21A.12.030-21A.12.040 (King County 9-2005)ZONING 26. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. (Ord. 15245 § 7, 2005: Ord. 15051 § 126, 2004: Ord. 15032 § 17, 2004: Ord. 14808 § 4, 2003: Ord. 14807 § 7, 2003: Ord. 14429 § 2, 2002: Ord. 14190 § 33, 2001: Ord. 14045 § 18, 2001: Ord. 13881 § 1, 2000: Ord, 13571 § 1, 1999: Ord. 13527 § 1, 1999: Ord. 13274 § 10, 1998: Ord. 13086 § 1, 1998: Ord. 13022 § 16, 1998: Ord. 12822 § 6, 1997: Ord. 12549 § 1, 1996: Ord. 12523 § 3, 1996: Ord. 12320 § 2, 1996: Ord. 11978 § 4, 1995: Ord. 11886 § 5, 1995: Ord. 11821 § 2, 1995: Ord. 11802 § 3, 1995: Ord. 11798 § 1, 1995: Ord. 11621 § 41, 1994: Ord. 11555 § 5, 1994: Ord. 11157 § 15, 1993: Ord. 10870 § 340, 1993). 21A.12.040 Densities and dimensions - resource and commercial/industrial zones. A. Densities and dimensions - resource and commercial/industrial zones. RESOURCE COMMERCIAL/INDUSTRIAL AGRICULTURE F M NEIGHBOR- COMMUNIT REGIONAL 0 1 z O 1 HOOD Y BUSINESS F N 0 R N BUSINESS BUSINESS F 0 N E E i U E S R C 5 S T A E T L R I A L STANDARDS A-10 A35 F M NB CB RB 0 1 Base Density: 0.1 '0286 .0125 8 du/ac 18 dulac 36 dulac 36 Dwelling du/ac du/ac du/ac (2) (2) (2) du/ac Unit/Acre 2 Maximum 12 dulac 24 du/ac 48 du/ac 48 Density: (3) (3) (3) du/ac Dwelling (3) Unit/Acre Minimum Lot 10 35 acres 80 10 Area acres acres acres Maximum Lot 4 to 1 410 1 Depth/ Width Ratio Minimum 30 ft 30 ft (4) 50 it (12) 10 ft (5) 10 ft (5) 10 ft (5) loft 25 ft Street (4) (4) Setback Minimum loft 10 ft (4) 100 It (12) 20 ft (7) 20 ft (7) 20 It (7) 20 ft 20 it Interior (4) (4) (14) (7) (7) Setback 50 ft 8 Base Heighl 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft 45 ft 45 ft (10) 45 ft (6) 60 ft (6) 65 ft (6) 60 ft 6 Maximum ill (9) 1.5/1 (9) 2,5/1 (9) 2.5/1 2.5/1 Floor/Lot (9) Ratio: Square Feet Maximum 15% 1G% 10% 85% 85% 90% 75% 90% Impervious 35% 35% 35% Surface: (11) (11) (11) Percentage 13 B. Development conditions. 1. Reserved. 2. These densities are allowed only through the application of mixed -use development standards and for stand-alone townhouse development in the NB zone on property designated commercial outside of center in the urban area. 3. These densities may only be- achieved through the application of residential density incentives or transfer of development rights in mixed -use developments and for stand-alone townhouse development in the NB zone on property designated commercial outside of center in the urban area. See K.C.C. chapters 21A.34 and 21A.37. 21A-110 Permeable Pavement (Per KCSWDM C.2.6): Area of Permeable Pavement = 1,760 SF (20'x44' per lot) Mitigated Impervious Surface = 880 SF (50% of the Area of Permeable Pavement) Credited Impervious Surface = 880 SF I SECTION 5.2 FLOW CONTROL BMP REQUIREMENTS 5.2.2 5.2.2.1 REQUIREMENTS FOR USE OF BMP CREDITS Projects that implement flow control 13M1's, whether required or optional, may use the flow control BMP credits described in this section subject to the requirements in Sections 5.2.2.1 and 5.2.2.2. Two kinds of credits are available. First, any impervious surface served by a flow control BMP that meets the design specifications for that BMP in Appendix C may be modeled as indicated in Table 5.2.2.A (below). Such credits may be used in the following situations: 1. To compute post -development runoff time series when sizing required flow control facilities. 2. TO compute post -development I00-year peak flows when assessing any of the 0.1-cfs exceptions from the area -specific flow control facility requirement in Sections 1.2.3,1A, B, and C. Second, any impervious or non-native pervious surface that is frilly dispersed per the full dispersion criteria in Section 1.2.3.2C is not considered a target surface of the area -specific flow control facility requirement (Section 1.2.3.1) or the area -specific water quality facility requirement (Section 1.2.8.1). 'd 'sul..Y,'�;"�1r;i; �t `'y` ta'•i �':, v "h.� • '� ` S s'7i+� r x � � ' m+yea tK��,'`.. �s�... -I� �I�;11Ai ��f a� r `�.. rv,�rs�3tt rt�� �f�,� � l�s:� a't 4�".jT.AI3LE5 22 �A $)[ Q4V CAN [�tOLffiBMP?IACIL ITYXSIZING RED115. 3 , _�:_ = 4 .; y +,. 'f i y r ! t � t T.�. may_ 3'Q✓.$' +. �`s>i. v�ra•T"`..a '?rt' .aEv fi4�:;iijfir"���i7:-;:>e�:,9.'9`t�,�i`45i1'h".o`Xr"-�tiL"�+..,*�a:.�r*.3 ._'#�i.__.oa+ =e{ Ni Flow Control BMP Type Facility Sizing Credit FuH dispersion Model fully dispersed surface as forest Full infiltration(2) Subtract impervious area that is fully infiltrated Limited infiltration Model tributary impervious surface as 50% impervious, 50% grass Basic dispersion Model dispersed impervious surface as 50% impervious, 50% grass Rain garden Model tributary impervious surface as.50% impervious, 50% grass Permeable pavement (non -grassed) Model permeable pavement area as 50% impervious, 50% grass Grassed modular grid pavement Model permeable pavement as all grass Rainwater harvesting Subtract area that is fully controlled Vegetated roof Model vegetated roof area as 50% impervious, 50% grass Restricted footprint Model footprint as restricted Wheel strip driveways Model credited area as 50% impervious, 50% grass Minimum disturbance foundation Model foundation area as 50% impervious, 50% grass Open grid decking over pervious area Model deck area as 50% impervious, 50% grass Native growth retention credit Model credited impervious area as 50% Impervious, 50% grass Perforated pipe connection None Notes: r'} These credits do not apply when determining eligibility for exemptions from Core Requirement #3 or exceptions from the flow control facility requirement unless otherwise noted in the exemption or exception. t' For any project subject to Small Project Drainage Review, and for any single family residential project subject to Full or Large Project Drainage Review, the design requirements and specifications in Appendix C, Section C.2.2 may be used for design of full infiltration. For all other projects, full infiltration must be designed in accordance with infiltration facility standards in Section 5.4. USE OF CREDITS BY SUBDIVISION PROJECTS If a proposed project is a subdivision project,' implementation of flow control BMPs on the individual lots of the subdivision may be deferred until a permit is obtained for construction on each lot. Therefore, implementation of flow control BMPs as part of the subdivision project is optional. However, if the 6 For purposes of applying flow control BMPs, the term subdivision or subdivision project refers to any project that is a short - plat, plat, or binding site plan. 1/24/2005 2005 Surface Water Design Manual 5-12 INSTALL PERFORATED�TIGHT LINE OF THE DOWNSPOUTS TO THE STORLw SYSTE104TH AvE. (TYP. 4 PLACES) INSTALL 20'X22` 440 SQ. FT. OF PERMEABLE PAVEMENT DRIVEWAY PER KCSWM SEC. C.2.6 (TYP. 4 PLACES) Y' SiteD................__._..._..__..._._,__ evelopment Associates, LLC SECTION (5). BOND QUANTITY WORKS EET - C,�;;�' ==tits ini - =-ii� -;� ,; ii,� -r- �i - psi i■r - l� iir ii Site improvement Bond Quantity Worksheet ® King County Department of Development & Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 For alternate formats, call 206-296-6600. 206-296-6600 TTY 206-296-7217 Project Name:. Nellis Short Plat Date: 11-Apr-07 Location: Renton, Washington Project No.: L05SO064 Activity No.: L06SR055 Clearing greater than or equal to 5,000 board feet of timber? yes If yes, Forest Practice Permit Number: (RCW 76.09) Page 1 of 9 x no Note: All prices Include labor, equipment, materials, overhead and profit. Prices.are from RS Means data adjusted for the Seattle area or from local sources if not included in the IRS Means database. KC bond quantities worksheet.xis Check out the ODES Web site at.www.metrokc._qov1ddes Unit prices updated: 02/12/02 Version: 04/22/02 Report Date: 411112007 Site Improvement Bond Quantity Worksheet S"! T, Quantity. i c- atlohsz�' All it r-, Klz ;i OS EF(OSIOWSEDIMENT"CIONTRO Backfill & compaction -embankment ESC-1 $ 5.62 CY Check dams, 4" minus rock ESC-2 SWDM 5.4.6.3 $ 67.51 Each Crushed surfacing 1 1/4" minus ESC-3 WSDOT 9-03.9(3) $ 85A5 CY Ditching ESC-4 $ 8.08 CY Excavation -bulk ESC-5 $ 1.50 CY Fence, silt ESC-6 SWDM 5.4.3.1 $ 1.38 LF 500 1 690 Fence, Temporary (NGPE) ESC-7 $ 1.38 LF Hydroseeding ESC-8 SWDM 5.4.2.4 $ 0.59 SY 1987 1 1172 Jute Mesh ESC-9 SWDM 5.4.2.2 $ 1.45 SY Mulch, by hand, straw, 3" deep ESC-10 SWDM 5.4.2.1 $ 2.01 SY Mulch, by machine, straw, 2" deep ESC-1 I SWDM 5.4.2.1 $ 0.53 SY Piping, temporary, CPP, 6" ESC-1 2 $ 10.70 LF Piping, temporary, CPP, 8" ESC-1 3 $ 16.10 LF Piping, temporary, CPP, 12" ESC-14 $ 20.70 LF Plastic covering, 6mm thick, sandbagged ESC-1 5 SWDM 5.4.2.3 $ 2.30 SY Rip Rap, machine placed: slopes ESC-1 6 WSDOT 9-13.1(2) $ 39.08 CY Rock Construction Entrance, 50'x15'xl' ESC-17 SWDM 5.4.4.1 $ 1,464.34 Each Rock Construction Entrance, 1 00'xl 5'xl' ESC-18 SWDM 5.4.4.1 $ 2,928.68 Each Sediment pond riser assembly ESC-1 9 SWDM 5.4.5.2 $ 1,949.38 Each Sediment trap, 5' high berm ESC-20 SWDM 5.4.5.1 $ 17.91 LF Sed. trap, 5' high, riprapped spillway berm section ESC-21 SWDM 5.4.5.1 $ 68,54 LF Seeding, by hand Sodding, 1" deep, level ground ESC-22 SWDM 5.4-2.4 $ 0.51 SY ESC-23 SWDM 5.4,2.5 $ 6.03 SY Sodding, V deep, sloped ground ESC-24 SWDM 5.4.2.5 $ 7.45 SY TESC Supervisor ESC-25 $ 74.75 HR 40 1 2990 Water truck, dust control ESC-26 SWDM 5.4.7 $ 97.75 HR 40 1 3910 R - W -8 4 IT. -IN Each ESC SUBTOTAL: 30% CONTINGENCY & MOBILIZATION: ESC TOTAL: COLUMN: Page 2 of 9 KC bond quantities worksheet.xls Check out the DDES Web site at www.metrokc.govIddes $ 8,762.33 $ 2,628,70 $ 11,391.03 A Unit prices updated: 02/12/02 Version: 04/22/02 Report Date: 4/11/2007 Ma v-gm--- 60"700 -06 60 Site Improvement Bond Quantity Worksheet 't V nkr?lcei;� Zcjfiit: -of-W y� �t,"N I . ....... .... %ZQ % V- 01" C!"i e-PtSN mp,�' SY Yw%T TITS", rain "I geiactilti ie rn ts t d' b GENERAIALEM LOP Backfill & Compaction- embankment GI-1 $ 5.62 CY Backfill & Compaction- trench GI -2 $ 8.53 CY 70 597.10 Clear/Remove Brush, by hand GI -3 $ 0.36 SY Clearing[Grubbing/Tree Removal GI -4 $ 8,876,16 Acre 0.4 3,550.46 Excavation - bulk GI - 5 $ 1.50 CY Excavation - Trench G1 -6 $ 4.06 CY 77 312.62 Fencing. cedar, 6'high GI - 7 $ 18.55 LF Fencing, chain link, vinyl coated, 6'high G1 -8 $ 13.44 LF Fencing, chain link, gate, vinyl coated, 21 GI-9 $ 1.271.81 Each Fencing, split rail, Thigh GI - 10 $ 12,12 LF Fill & compact - common barrow GI - 11 $ 22,57 CY Pill & compact - gravel base GI - 12 $ 25.48 CY Fill & compact - screened topsoil G1 - 13 $ 37:85 CY Gabion, 12" deep, stone filled mesh G1 - 14 $ 54.31 SY Gabion, W deep, stone filled mesh GI - 15 $ 74.85 SY Gabion, 36" deep, stone filled mesh G1 - 16 $ 132.48 SY Grading, fine, by hand GI - 17 $ 2.02 SY Grading, fine, with grader GI - 18 $ 0.95 SY 1987 1,887.65 Monuments, 3'11ong GI - 19 $ 13513 Each Sensitive Areas Sign G1 - 20 $ 2,88 Each Sodding, V deep, sloped ground G1 - 21 $ 7,46 SY Surveying, line & grade GI - 22 $ 788.26 Day Surveying, lot location/lines G1 - 23 $ 1,556.64 Acre 0-4 622.66 Traffic control crew ( 2 flaggers j G1 - 24 $ 85.18 HR 40 3,407.20 Trail, 4" chipped wood GI - 25 $ 7.59 SY Trail, 4' crushed cinder G1 - 26 $ 8.33 SY i Trail, 4" top course IG 1-27 $ 8.19 SY Wall, retaining, concrete GI - 28 $ 44.16 SF Wall. rockery IGI - 291 $ 9,49 SF ------- Page 3 of 9 SUBTOTAL 9,755M 622.66 Unit prices updated: 02/12/02 *KCC 27A authorizes only one bond reduction. Version! 4/22/02 KC bond quantities worksheet.xls Check out the DDES Web site at.www.metrokc.qov1dde Report Date: 4/1112007 Site Improvement Bond Quantity Worksheet h! - �e ent,• D U& fa V pci r6,6i'meii B6fi&R6didctJ6—n lk" Nnt. nf" :in , A �L Q6ant:'� Cost x�c- 'Q6ahtn �11--e9: e� RbAb`fMFi-k0VtMtN_Za 1� i-E' AC Grinding, 4' wide machine < I 000sy R1 - 1 $ 23.00 SY 326 7,498.00 AC Grinding, 4' wide machine 1000-200( RI - 2 $ 5.75 SY AC Grinding, 4' wide rnachine> 2000sy RI - 3 $ 1.38 SY AC Removal/Disposal/Repair RI - 4 $ 41.14 SY 326 13,411.64 Barricade, type I RI - 5 S 30-03 LF Barricade, type III ( Permanent) Rl - 6 $ 45.05 LF Curb & Gutter, rolled Rl - 7 $ 13.27 LF Curb & Gutter, vertical R1 - 8 $ 9.69 LF 140 1,356.60 Curb and Gutter, demolition and disposal R1 - 9 $ 13.58 LF Curb, extruded asphalt R1 - 10 $ 2.44 LF Curb, extruded concrete RI - 11 $ 2.56 LF Sawcut, asphalt, 3" depth Rl - 12 $ 1.85 LF 262 484.70 Sawcut, concrete, per I" depth RI - 13 $ 1.69 LF Sealant, asphalt RI - 14 $ 0.99 LF 262 259.38 Shoulder, AC, ( see AC road unit price ) Rl - 15 $ 17.24 SY 70 1,206.80 Shoulder, gravel, 4" thick RI - 16 S 7.53 SY Sidewalk, 4" thick RI - 17 $ 30,52 SY Sidewalk, 4" thick, demolition and dispos RI - 18 $ 27.73 SY Sidewalk; 5" thick RI - 19 $ 34.94 SY 85 2,969,90 Sidewaik, 5" thick, demolition and dispos R1 - 20 $ 34.65 SY Sign, handicap R1 - 21 $ 85.28 Each Striping, per stall R1 - 22 S 5.82 Each Striping, thermoplastic, (for crosswalk ) Rl - 23 $ 2.38 SF IStriping, 4" reflectorized line RI - 24 S 0.25 LF Page 4 of 9 SUBTOTAL 27,187,02 Unit prices updated: 02/12/02 *KCC 27A authorizes only one bond reduction. Version: 4/22/02 KC bond quantities workshoet.xis Check out the DDES Web site at.wwwmetrokc-govIdde Report Date-. 4/1112007 Mite Improvement Bond Quantity Worksheet Wil 41;ffo� AWC .."W4 jht-lo -,Qu-66t2'j-"---- 'iW& -�t;n Fi tore Puhli 1114, 4 in IM54 -0 R& B6ij d d a 6t fffi'"�-Tf Complete Al ;z- 2, 'Y kbAb W p Aopcourse 441' - For Kr-RS'93, (additional 2,5" base) add RS - I $ 3.60 SY AC Overlay, 1.5"AC RS-2 $ 7.39 SY AC Overlay, 2" AC RS - 3 $ 8.75 SY AC Road, 7, 4' rock. First 2500 SY RS - 4 $ 17,24 SY 249, 4,292.76 AC Road, 2*, 4" rock, Qty. over 2500SY RS - 5 $ 13.36 SY AC Road, 3*, 4" rock, First 2500 SY RS - 6 $ 19.69 SY AC Road, 3', 4" rock, Oty. over 2500 SY RS - 7 $ 15.81 SY AC Road, 5", First 2500 SY RS - 8 $ 14.57 SY AC Road, 5", Qty. Over 2500 SY RS - 9 $ 13.94 SY AC Road, 6", First 2500 SY RS - 1 ( $ 16.76 SY AC Road, 6", Qty. Over 2500 SY RS - 1' $ 16,12 SY Asphalt Treated Base, 4" thick RS - 1, $ 9,21 SY Gravel Road, 4" rock, First 2500 SY RS - 1: $ 11.41 SY Gravel Road, 4" rock, Qty. over 2500 SY RS- 1, $ 7,53 SY PCC Road, 5*, no base, over 2500 SY RS-1d $ 21.51 SY PCC Road, 6*, no base, over 2500 SY RS - 11 $ 21.87 SY Thickened Edge PS - 11 $ 6.89 LF Page 5 of 9 'KCC 27A authorizes only one bond reduction. KC bond quantities worksheet.xls SUBTOTAL 4,292,76 Check out the DDES Web site at www.metrokc.00v1dde Unit prices updated: 02112/02 Version: 4/22/02 Report Date'. 411112007 f gire Improvement Bond Quantity Worksheet �A" ' ��U� UV a cot�. Ro' C vernents- W ud A � NZditUnitprl ipe,!Nj?,o f . i , quiva ent), 46' P.V me,pnce-a Access Road, R/D D - 1 $ 16.74 SY Bollards - fixed D - 2 $ 240.74 Each Bollards - removable D - 3 _ L $ 452.34 _ _LEach I (CBs include frame and lid) CB Type I D - 4 $ 1,257.64 Each 5,030.56 1 1,257,64 GB Type IL D - 5 $ 1,433,59 Each -4 CB Type 11, 48" diameter D - 6 $ 2,033.57 Each for additional depth over 4' D - 7 $ 436.52 FT CB Type 11, 54" diameter D - 8 S 2,192.54 Each for additional depth over 4' D - 9 $ 486.53 FT CB Type 11, 60" diameter D-10 $ 2,351,52 Each for additional depth over 4' D - 11 $ 536.54 FT C6 TXpe 11, 72" diameter D - 12 $ 3,212.64 Each for additional depth over 4' D - 13 $ 692.21 FT Through -curb Inlet Framework (Add) 0-14 $ 366.09 Each Cleanout, PVC, 4' D - 15 $ 130.55 Each Cleanout, PVC, 6' 0-16 $ 174.90 Each 4 699.60 Cleanout, PVC, 8" D - 17 S 224.19 Each Culvert, PVC, 4" D - 18 $ 8.64 LF Culvert, PVC, 6' D - 19 $ 12.60 LF 112 1,411.20 Culvert, PVC, 8" D - 20 $ 13.33 LF Culvert, PVC, 12" D - 21 S 21.77 LF Culvert, D1, 8" D - 22 S 17.25 LF Culvert, D1, 12" D - 23 S 26.45 LP 75 1,983.75 Culvert, DI, 15' D - 24 S 32.73 LF Culvert, DI, 18" D - 25 $ 37.74 LF Culvert, DI, 24" D - 26 $ 53.33 LF Culvert, DI, 30" D - 27 $ 71.45 LF Culvert, DI, 36" D - 28 $ 112.11 LF Culvert, DI, 48" D - 291 $ 140.83 LF Culvert, DI, 60' D - 301 $ 235.45 LF Culvert, 01, 72' D - 311 $ 302.58 LF Page 6 of 9 SUBTOTAL 7,014.31 3,368.44 Unit prices updated: 02/12102 *KCC 27A authorizes only one bond reduction. Version: 4/22/02 KC bond quantities worksheet.xls Check out the DDES Web site at www.metrokc.qov1ddes Report Date: 4/1112007 Site Improvement Bond Quantity Worksheet 'D q g moist o ER C O 07TTIS MW-N, Z-A Quart: W"i C18RL, 5-. 4, " E' e i ne "Waa ZWf Culvert, Concrete, 8' D - 32 $ 21.02 LF Culvert, Concrete, 12" D - 33 $ 30.05 LF Culvert, Concrete, 15" D - 34 $ 37.34 'LF Culvert, Concrete, 18" D - 35 $ 44.51 LF Culvert, Concrete, 24" D - 36 $ 61.07 LF Culvert, Concrete, 30" D - 37 $ 104.18 LF Culvert, Concrete, 36" D - 38 $ 137.63 LF Culvert, Concrete, 42- D - 39 $ 158.42 LF Culvert, Concrete, 48" D - 40 $ 175.94 LF Culvert, CPP, 6" D - 41 $ 10.70 LF Culvert, CPP, 8" D-- 421 $ 16-10 LF Culvert, CPP, 12" D - 43 $ 20.70 LF 155 3208.5 129 2670.3 Culvert, CPP, 15" D - 44 $ 23.00 LF Culvert, CPP, 18" D - 45 $ 27.60 LF Culvert, CPP, 24" D - 46 1 $ 36-80 LF Culvert, CPP, 30" 0-47 $ 48.30 LF Culvert, CPP, 36" D - 48 $ 55.20 LF Ditching D - 49 $ 8.08 CY Flow Dispersal Trench (1,436 base+) D - 50 $ 25.99 LF French Drain (3' depth) D - 51 $ 22.60 LF 130. 2938 Geotextile, laid in trench, polypropylene D - 52, $ 2.40 SY Infiltration pond testing D - 53 $ 74,75 HR Mid -tank Access Riser, 48" d ia, 6' deep D - 54 $ 1,605.40 Each Pond Overflow Spillway D - 55 $ 14.01 SY Restrictor/Oil Separator, 12" D - 56 $ 1,045.19 Each Resirictor/Oil Separator, 15" D-57 $ 1,095.56 Each Restrictor/Oil Separator, 18" D - 58 $ 1,146.16 Each Riprap. placed D - 59 $ 39-08 GY .1 39.08 Tank End Reducer (36" diameter) D - 60 $ 1,000.50 Each Trash Rack, 12" D - 61 $ 211-97 Each Trash Rack, 15" D - 62 $ 237.27 Each Trash Rack, 18" D - 631 $ 268.89 Each ITrash Rack, 21" D - 64] $ 306.84 j Each 7� Page 7 of 9 *KCC 27A authorizes only one bond reduction. KC bond quantities worksheet.xis SUBTOTAL 3208.5 5647,38 Check out the DDES Web site at www.rnetrokc.qov1ddes Unit prices updated*. 02/12/02 Version: 4/22/02 Report Date: 411112007 i mprovemennond Quantity Worksheet 4�7 N ' Unit 'N&j ­T S I Price. -.,• Q6a 1:"�J' C h b Gddri __-.B-&nildRdii ctlon- ompl I __ • • -_4PARKINGLOT'SURFACING VF;� No. 2' AC, 2" top course rock & 4" borrow PL- I $ 15.84 SY 2" AC, 1.5" top course & 2.5' base tour PL - 2 $ 17.24 SY 4" select borrow PL - 3 $" 4.55 SY 1.5" top course rock & 2.5" base course PL - 4 $ 11.41 SY No. StormFilter WI - 1 $ 1,000.00 EA Bird Cage WI - 2 $ 1,000.00 EA Detention Vault Wl - 3 $200,000 LS W1-4 WI-5 WI-6 WI-7 W1_8 1WI-91 I WI-101 SUBTOTAL SUBTOTAL (SUM ALL PAGES): 30% CONTINGENCY & MOBILIZATION: GRANDTOTAL: COLUMN: Page 8 of 9 51,457.62 15,437.29 66,894,91 B. 9,638.48 2,891.54 12,530.02 C D Unit prices updated: 02/12102 *KCC 27A authorizes only one bond reduction. Version: 4122/02 KC bond quantities worksheet.xls Check out the DDES Web site at www. metro kc._qo v1ddes Report Date: 4111 f2007 Site Improvement Bond Quantity Worksheet Original bond computations prepared by: Name: Scott Mesic Date: 11-Apr-07 PE Registration Number: 39377 Tel. #: 425-486-6533 Firm Name: Site Development Associates, LLC Address: 10117 Main Street, Bothell, WA 98011 Project No: L05SO064 ROAD IMPROVEMENTS & DRAINAGE FACILITIES FINANCIAL GUARANTEE REQUIREMENTS Stabilization/Erosion Sediment Control (ESC) Existing Right -of -Way Improvements Future Public Road Improvements & Drainage Facilities Private Improvements Calculated Quantity Completed Total Right -of Way and/or Site Restoration Bond*/** (First $7,500 of bond* shall be cash.) Performance Bond* Amount (A+B+C+D) = TOTAL Reduced Performance Bond* Total *** Maintenance/Defect Bond* Total NAME OF PERSON PREPARING BOND* REDUCTION: (A) (B) PERFORMANCE BOND* AMOUNT $ 11,391.0 $ 66,894.9 I (C) $ 12,530.0 (D) $ (A+B) $ 78,285.9 (T) $ 90,816.0 Minimum bond* amount is 1 0. BOND*AMOUNT REQUIRED AT RECORDING OR TEMPORARY OCCUPANCY *** T x 0.30 $ 27,244.8 OR (T-E) $ 90,816.0 Use larger of TX3O% or (T-E Date: PUBLIC ROAD & DRAINAGE MAINTENANCE/DEFECT BOND* (B+C) x 0.25 = $ 19,856.2 * NOTE: The word "bond" as used in this document means any financial guarantee acceptable to King County. '* NOTE: KCC 27A authorizes right of way and site restoration bonds to be combined when both are required. The restoration requirement shall include the total cost for all TESC as a minimum, not a maximum. In addition, corrective work, both on- and off -site needs to be included. Quantities shall reflect worse case scenarios not just minimum requirements. For example, if a saimonid stream may be damaged, some estimated costs for restoration needs to be reflected in this amount. The 30% contingency and mobilization costs are computed in this quantity. *x* NOTE: Per KCC 27A, total bond amounts remaining after reduction shall not be less than 30% of the original amount (T) or as revised by major design changes. SURETY BOND RIDER NOTE: If a bond rider is used, minimum additional performance bond shall be $ 12,530.0 (C+D)-E REQUIRED BOND* AMOUNTS ARE SUBJECT TO REVIEW AND MODIFICATION BY DDES Page 9 of 9 KC bond quantities worksheet.xls Check out the DDES Web site at M8Y_W.metr0ltQ.aovMe5 Unit prices updated: 02112/02 Version: 4/22/02 Report Date: 411112007 KENNETHR. ANDERSON AND ASSOCIATES, INC., P . S . September 13, 2007 Steve Van Patten, PLS Engineering Review Section King County D.D.E.S Land Use Services Division 900 Oaksdale Avenue Southwest Renton, WA 98055-1219 Dear Steve Van Patton, In regards to the proposed short plat of the property at 16816 1041" Avenue South having parcel number 008700-01 16, the once existing single family house and driveway have now been removed. If you have any further questions regarding this matter, please feel free to contact me. Sincerely, KENNETH R. ANDERSON & ASSOCIATES, INC, PS Kenneth R. Anderson, PLS President cc: Jonathan Harkovich LAND SURVEYING • SUBDIVISION PLATTING • CONSTRUCTION LAYOUT • LAND USE PLANNING 1720 SOUl'H 341" PLACE, SUITE C-4 • PO BOX 4173. FEDERAL WAY, WASHINGTON • 98063-4173 DES MOINES: 253 / 8384 199• TACOMA: 253 / 272-9858 •TOLL. FREE: 1-888-838-1199 • FAX: 253 / 838-8164 (s) King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 DATE: 0 V TO: Addressing. Services Administrative Services Division Request to Record Short Plat FM: Engineering Review Section Land Use Services Division RE: Short Plat No. Final No. .. Attached is one set of prints for the above referenced short plat. We are almost ready to forward this short plat for recording. Does your division have any corrections? NO )< YES If answer is yes, please make corrections on print. DATE: j O % j 1 Z-6 (o TO: n Engineering Review Section -,A � X Land Use Services Division FM: Addressing Services Administ ati e Services Division Attached is the above short plat print with the necessary corrections shown in red. To comply with the Washington State Senate Bill 5799, please add to the above short plat prior to recording. "The house address system for this short plat shall be as follows: Addresses shall be assigned for the north -south roads with the range of )G 2DO to / ( 7 % (v and within the range of 1J1 to /V %,4 _ for the east -west roads. Individual addresses will be assigned to the principal entrance of each residence or building in accordance with King County Code 16.08." VanPatten, Steve From: Jackovich, Mary Sent: Tuesday, February 05, 2008 1:11 PM To: VanPatten, Steve Subject: RE: Nellis Short plat L06FRO55 Steve, I have changed the fgmu routing to finished. Let me know if you need anything else. Thank you. Mary From: VanPatten, Steve Sent: Tuesday, February 05, 2008 12:59 PM To: Jackovich, Mary Subject: Fw: Nellis Short plat L06FRO55 Hi Mary, If you are comfortable with changing the figmu routing from queued to approved then I can start getting signature approvals for the short plat. Thanks, --Steve From: Gregory, Elaine Sent: Tuesday, February 05, 2008 11:44 AM To: Jackovich, Mary Cc: Simpson, Kim; VanPatten, Steve Subject: Fw: Nellis Short plat L06FRO55 Mary: Can you take a look at this? Steve: I can't make you any promises; if the applicant just brought this by yesterday, perhaps it sliould have conic in sooner if they were 'desperate' to record. Elaine M. Gregory, CPA Finance Mgr, King County DDES 2o6-296-7139 elaine.gregory@kingcounty.gov PLEASE NOTE: King County has a new website at www.kingcoun ov. From: VanPatten, Steve Sent: Tuesday, February 05, 2008 11:24 AM To: Gregory, Elaine Subject: Nellis Short plat L06FRO55 Elaine, I believe Carol Rogers is out today? Is there anyone else who can finish processing the Rider and the Street Tree Bond that came in yesterday? These two items were holding up the recording for some time now and the applicant is desperate to record. Thanks, --Steve EXHIBITS "A" AND `B" IMPERVIOUS SURFACE LIMIT COVENANT Said Lot(s) l through 3 contain(s) a stormwater management flow control BMP (best management practice) known as "restricted footprint", the practice of restricting the amount of impervious surface that may be added to a property so as to minimize the stormwater runoff impacts caused by impervious surface. The total impervious surface on said Lot(s) may not exceed '7 500 square feet without written approval either from the King County Water and Land Resources Division or through a future development permit from King County. Impervious surface means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions before development; or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof, walkways, patios, driveways, parking lots, or storage areas, areas that are paved, graveled or made of packed or oiled earthen materials or other surfaces that similarly impede the natural infiltration of surface and storm water. NOTE: Compliance with this Declaration of Covenant satisfies the requirement for a small site drainage plan. C j, /1/, 07 EXPIRES 6/9/2009 IN WITNESS WHEREOF, this Declaration of Covenant for the Maintenance and Inspection of -? /51, Flow Control BMPs is executed this XV, day of .20 / 51� r - 4 ewl�- GRANT , owner of the Property GRANTOR, owner of the Property STATE OF WASWINGTON ) COUNTY OF KING )ss. n this day personally appeared before me: • 7 0CN 15 , to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated. ,lllilllll!// i{/jid and official seal this day of _�m��f , 20�. %%b�Q�G ,18Stpp� �i�N�v Signature of Notary Public: /UVf Printed name of Notary Public: i O Residing at: . ;• My Appointment Expires: ids �a''D81i$fiQ��•��A� �y40 "� 10tq 61►0',,ea STATE OF WASHINGTON ) COUNTY OF KING )ss. I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signature of Notary Public: Printed name of Notary Public: Residing at: My Appointment Expires: Form Revised 12/12/06 4 of the Owners, shall provide the engineer's report to WLR. If the report is not provided in a timely manner as specified above, the County may inspect the BMPs without further notice. 4. if King County determines from its inspection, or from an engineer's report provided in accordance with Paragraph 3, that maintenance, repair, restoration, and/or mitigation work is required for the BMPs, WLR shall notify the Owners of the specific maintenance, repair, restoration, and/or -mitigation work (Work) required under Title 9 of the King County Code ("KCC"), WLR shall also set a reasonable deadline for completing the Work or providing an engineer's report that verifies completion of the Work. After the deadline has passed, the Owners shall allow the County access to re -inspect the BMPs unless an engineer's report has been provided verifying completion of the Work. If the work is not completed properly within the time frame set by WLR, King County may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of KCC Chapter 9.04 and may subject the Owners to enforcement under the KCC, including fines and penalties. 5. Apart from performing routine landscape maintenance, the Owners are hereby required to obtain written approval from WLR before performing any alterations or modifications to the BMPs. 6. Any notice or approval required to be given by one party to the other under the provisions of this Declaration of Covenant shall be effective upon personal delivery to the other party, or after three (3) days from the date that the notice or approval is mailed with delivery confirmation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property, and it shall inure to the benefit of all the citizens of King County and its municipal successors and assigns. This Declaration of Covenant shall run with the land and be binding upon Grantor(s), and Grantor's(s') successors in interest and assigns. 8. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and King County that is recorded by King County in its real property records. Form Revised 12/12/06 IN CONSIDERATION of the approved King County (check one of the following) ❑ residential building permit, O commercial building permit, ❑ clearing and grading permit, ❑ subdivision permit, or short subdivision permit for Application No. L05S0064 relating to the real property ("Property") described herein above, the Grantor(s), the owner(s) in fee of that Property, hereby covenants(covenant) with King County, a political subdivision of the state of Washington, and its municipal successors in interest and assigns ("King County" and "the County", or "its municipal successor"), that he/she(they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through S below with regard to the Property. Grantor(s) hereby grants(grant), covenants (covenant), and agrees(agree) as follows: 1. Grantor(s) or his/her(their) successors in interest and assigns ("Owners") shall retain, uphold, and protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs"), shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost, operate, maintain, and keep in good repair, the Property's BMPs as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit B. 3. King County shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days, the Owners shall allow King County to enter for the sole purpose of inspecting the BMPs. In lieu of inspection by the County, the Owners may elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the BMPs and provide a written report describing their condition. If the engineer option is chosen, the Owners shall provide written notice to the Director of the Water and Land Resources Division or its municipal successor in interest ("WLR") within fifteen days of receiving the County's notice of inspection. Within 30 days of giving this notice, the Owners, or the engineer on behalf Fonh Revised 12/12/06 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: JONATHAN M. HARKOVICH 1201 MONSTER ROAD SW. SUITE #320 RENTON WA 98057 DECLARATION OF COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS Grantor: Michael E. Davis & KD Properties -Benson LLC Grantee: King County Legal Description: Lots 1 through 3 of King County Short Plat No.1-05S064 as recorded under Recordinjz No. records of King County. Washington. Also known as a portion of the west half of Lot 6 Block 2 Akers Farm No. 5 According to the olat thereof recorded in Vol. 40 of plats, pme(s)27 records of King Coun Washington Additional Legal(s) on: Assessor's Tax Parcel ID#: 0087000116 Form Revised 12/12/06 EXHIBITS "A" AND "B" IMPERVIOUS SURFACE LIMIT COVENANT Said Lot 4 contains a stormwater management flow control BMP (best management practice) known as "restricted footprint", the practice of restricting the amount of impervious surface that may be added to a property so as to minimize the stormwater runoff impacts caused by impervious surface. The total impervious surface on said Lot may not exceed Aj500 square feet without written approval either from the King County Water and Land Resources Division or through a future development permit from King County. Impervious surface means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions before development; or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof, walkways, patios, driveways, parking lots, or storage areas, areas that are paved, graveled or made of packed or oiled earthen materials or other surfaces that similarly impede the natural infiltration of surface and storm water. NOTE: Compliance with this Declaration of Covenant satisfies the requirement for a small site drainage plan. I A. 7 ; AL •. OQ./yo7 EXPIRES 8/9/2D09 IN WITNESS WHEREOF, this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMPs is executed this z/gday of 2007. �11 es GRANTO , owner of the Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: , to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated. %VVYDy�,qand and official seal this _o`l day of _ 20�� Signature of Notary Publi . kk;•V`4p �+R 9FsZ Printed name of Notary Public: Residing at: -A My Appointment Expires: Q STATE OF WASHINGTON ) COUNTY OF KING )ss. I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Signature of Notary Public: Printed name of Notary Public: Residing at: My Appointment Expires: Fonn Revised 12/12/06 IN CONSIDERATION of the approved King County (check one of the following) 0 residential building permit, ❑ commercial building permit, ❑ clearing and grading permit, ❑ subdivision permit, or 22 short subdivision permit for Application No. 1-05SO064 relating to the real property ("Property") described herein above, the Grantor(s), the owner(s) in fee of that Property, hereby covenants(covenant) with King County, a political subdivision ofthe state of Washington, and its municipal successors in interest and assigns ("King County" and "the County", or."its municipal successor"), that he/she(they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 8 below with regard to the Property. Grantor(s) hereby grants(grant), covenants(covenant), and agrees(agree) as follows: I. Grantor(s) or his/her(their) successors in interest and assigns ("Owners") shall retain, uphold, and protect the stormwater Management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs"), show'! on the approved Flow Control 13MP Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost, operate, maintain, and keep in good repair, the Property's BMPs as described in the approved Design and Maintenance Details for each BMP attached hereto and Incorporated herein as Exhibit B, I. King County shalf provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days, the Owners shall allow King County to enter for the sole purpose of inspecting the BMPs. In lieu of inspection by the County, the Owners may elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the BMPs and provide a written report describing their condition. If the engineer option is chosen, the Owners shall provide written notice to the Director of the Water and Land Resources Division or its municipal successor in interest ("WLR") within fifteen days of receiving the County's notice of, inspection, Within'30 days of giving this notice, the Owners, or the engineer on behalf Form Revised 12/12/06 STEWART TITLE GUARANTY COMPANY Subdivision Guarantee Guarantee No.: SG-2631-12117 Effective Date: January 31, 2008 at 12.00 AM Tee: $300.00 Order Number: 2071SO639 The County of KING and any City within which said subdivision is located in a sum not exceeding $1,000.00 That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary of said Subdivision. Guarantee, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication as shown in Subdivision Guarantee. Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. Countersigned by, 4'p� Authorized Countersignature STEWART TITLE Company SEATAC, Washington City, State rt We guvwety tummy Senior Chairman of t e Board a p, Chairman of the Board 3"�dll� President Guarantee Serial No. SG-2631-12117 In writing this company please address it at P.O. Sox 2029, Houston, Texas 77252, and refer to the printed Serial Number. SUBDIVISION GUARANTEE Guarantee No.: SG-2631-12117 Order Number: 207150639 Subdivision Guarantee: $300.00 Reference Number: DAVIS Sales Tax: $26.40 Effective Date. January 31, 2008 at Total: $ 326.40 OWNERS: MICHAEL E. DAVIS, A MARRIED MAN, AS HIS SOLE AND SEPARATE - PROPERTY LEGAL DESCRIPTION: THE WEST HALF OF LOT 6, BLOCK 2, AKERS FARMS NO. 5, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 40 OF PLATS, PAGE(S) 27, RECORDS OF KING COUNTY, WASHINGTON. SUBJECT TO: 1. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHWESTERN IMPROVEMENT COMPANY, A / DELAWARE CORPORATION RECORDED: MAY 5, 1944 ✓/ RECORDING NO.: 3385245 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: SMALL DITCH FOR WATER MAIN AREA AFFECTED: SOUTH 3 FEET DISCLOSED BY: INSTRUMENT RECORDED UNDER RECORDING NO.4513644 3. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS DELINEATED AND/OR DESCRIBED ON THE PLAT RECORDED IN VOLUME 40 OF PLATS AT PAGE(S) 27 IN KING COUNTY, WASHINGTON. 4. SELLER'S NOTICE OF ON -SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 28, 2002 RECORDING NO. 20020328000776 Guarantee No: 5G-2631-12117 ��ewart title guaranty company SUBDIVISION GUARANTEE 5.. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 318T. YEAR: 2008 AMOUNT BILLED: $1,408.97 AMOUNT PAID: $ 0.00 AMOUNT DUE. $1,408.97, PLUS INTEREST AND PENALTY, IF DELINQUENT LEVY CODE: 4260 TAX ACCOUNT NO.: 008700.0116-07 ASSESSED VALUATION: LAND: $119, 000.00 IMPROVEMENTS: $124,000.00 NOTE: TAXES AND CHARGES FOR 2007 WERE PAID IN FULL IN THE AMOUNT OF $3,065.97, 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: KID PROPERTIES-BENSON LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: FIRST AMERICAN TITLE COMPANY BENEFICIARY: FRONTIER BANK AMOUNT: $2,865,000.00 DATED: MARCH 10, 2006 RECORDED: MARCH 15, 2006 RECORDING NO.: 20060315001536 MODIFICATION OF DEED OF TRUST TO INCLUDE THE SUBJECT PROPERTY: DATED: APRIL 18, 2007 RECORDED: APRIL 26, 2007 RECORDING NO.: 20070426000733 7. TRANSFER OF DEVELPOPMENT RIGHTS - CERTIFICATE NUMBER 124 AND THE TERMS AND CONDITIONS THEREOF: CERTIFICATE ISSUED TO: RECORDED: NELLIS PROPERTY LLC RECORDING NUMBER: 20070614001588 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: DECEMBER 3, 2007 RECORDING NO.: 20071203000061 IN FAVOR OF: PUGET SOUND ENERGY, INC. FOR: GAS AND ELECTRICITY AFFECTS: UNDISCLOSED Guarantee No: SG-2631-12117 ERts arl� title guaranty company SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises, I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above. Robert Ja : rj Guarantee No: SO-2631-12117 ��ewar�' title guaranty company ORDER NO:, 207150639 r �nkY�' �tewart ti This sketch Is provided without charge for information. It is not intended to show all matters related to the property including, but not limited to area, dimensions, encroachments or locations of boundaries. Ifs not a part of, nor does it modify, the this csketchmReferencelicy to should which be It is attached, The mad to an accurate survey for further Information. sumes NO l7Y for any matter related to FI pT1� 8 � $�ag011p o ty t 0 lim sr V 4935 sr Qo,��ti d90a 5r 4 17886 5f a 980 &F G�, 127.225 25 45 121.m A �4 * UU49 5r °�� 8949 sr DM t27.31� P5 .G 1 7.3�5 GUARANTY COMPANY Subdivision Guarantee Guarantee No.: SG-2631-121 I7 Etve Date: Deoember 24, 2007 at 12:00 AM Fee: $300.00 Order Number: 207150639 The County of 10NO and any City within which said subdivision is located in a scan not ex4eeding $1,000.00 That, according to those public records which, under the recording laws, Impart constructive notice of matters of wtmg the title to the land included within the exterior boundary of said Subdivision Guarantee, &a-anly parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the aertifcatas consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication as shown in Subdivision Guarantee. Signed under seal for the Company, but this Guarantee Is to be valid only when It beano an sutirortzed countersignature. Countasip W by: 41up. �CD Authorized Cormteraigaatue SMWART TI'I7.B Cry SEATAC, Weshfngton city. stale Guarantee Serial No. SG-2831-12117 In writing this company please address It at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. SUBDIVISION GUARANTEE Guarantee No.: SG-2631-12117 Order Number. 207150639 Subdivision Guarantee: $300.00 Reference Number: DAVIS Sales Tax: $26.40 r, Effective Date: December 24, 2007 at Total: $ 326.40 D �+ OWNERS: MICHAEL E. DAVIS, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY LEGAL DESCRIPTION: THE WEST HALF OF LOT 6, BLOCK 2, AKERS FARMS NO.5, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 40 OF PLATS, PAGE(S) 27, RECORDS OF KING COUNTY, WASHINGTON. SUBJECT TO: 1. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHWESTERN IMPROVEMENT COMPANY, A DELAWARE CORPORATION RECORDED: MAY 5, 1944 RECORDING NO.: 3385245 �C 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: SMALL DITCH FOR WATER MAIN AREA AFFECTED: SOUTH 3 FEET DISCLOSED BY: INSTRUMENT RECORDED UNDER RECORDING NO.4513644 6'k,_ 3. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS DELINEATED AND/OR DESCRIBED ON THE PLAT RECORDED IN VOLUME 40 OF PLATS AT PAGE(S) 27 IN KING COUNTY, WASHINGTON. 4. SELLER'S NOTICE OF ON -SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 28, 2002 RECORDING NO, 20020328000776 Guarantee No: SG-MI-12M ;sea r w title guaranty company .y SUBDIVISION GUARANTEE 5. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 3e THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 315T. YEAR: 2007 AMOUNT BILLED: $3,066.70 AMOUNT PAID: $1,532.85 ' AMOUNT DUE: $1,532.85, PLUS INTEREST AND PENALTY, IF DELINQUENT LEVY CODE: 4260 TAX ACCOUNT NO.: 008700-0116-07 ASSESSED VALUATION: LAND: $119,000.00 IMPROVEMENTS: $124,000.00 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: .GRANTOR: KD PROPERTIES-BENSON LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: FIRST AMERICAN TITLE COMPANY BENEFICIARY: FRONTIER BANK AMOUNT: $2,865,000.00 DATED: MARCH 10, 2006 RECORDED: MARCH 15, 2006 RECORDING NO.: 20060315001538 MODIFICATION OF DEED OF TRUST TO INCLUDE THE SUBJECT PROPERTY: DATED: APRIL 18, 2007 RECORDED: APRIL 26, 2007 RECORDING NO.: 20070426000733 7. TRANSFER OF DEVELPOPMENT RIGHTS - CERTIFICATE NUMBER 124 AND THE TERMS AND CONDITIONS THEREOF: CERTIFICATE ISSUED TO: RECORDED: NELLIS PROPERTY LLC RECORDING NUMBER: 20070614001588 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: DECEMBER 3, 2007 RECORDING NO.: 20071203000061 IN FAVOR OF: PUGET SOUND ENERGY, INC. FOR: GAS AND ELECTRICITY AFFECTS: UNDISCLOSED Guarantee No: 30-263142117 F�� ° tote guaranty company SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report Is based on the Company's property records, and no liability Is assumed for items misindexed or not Indexed in the public records, or for matters which would be disclosed by an inquiry of parties In possession or by an accurate survey or Inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to Insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this Is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the ,date and time referenced above. &-:�z Robertasks :d r Quamntw No: 30-263142117 tMe guaranty company ORDER NO% 207150639 1® This sketch is provided without charge for Information. It Is not Intended to show all matters related to the property Including, but not limited to area, dimensions, encroachments or iocaflons of boundaries. It's not a part of, nor does it modify, the commitment or policy to which it Is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further Information. 42999-SA: P098t Sokind'15pergy, Inc. Attathtion-'Arw bepartment 410-BO)(.90868 EST-06W "LE WA 98009 MC61LL.-. :14 REFERENCE # f! GRANTOR- !OCHAEL F-' b tVis GRANTEE: i:PUG.ET80UN EN1 SHORT LEGAk-- 1W % LOT 6, BLOCI ASSESSOR'S PROPERTY TAX PACEL.`• 00 EASEMENT FARMS NO. 6 For and in consideration of On&Ebollair '($1.00j•anCr.,6theivaI6 , alble o*lderaticp In end paid. MICHAEL E. DAVIS, A MARRIED MAN AS HIS SEPAftATq'1EsYATE: rdrantor' heron), hei%ty,onveys and warrants to PUGET SOUND ENERGY, INC., a Washligton:bo*ratkn hen) for tins R6 purposes hereinafter sat forth, a &,�,4 nonexclusive perpetual easement ovnd&, alciKtacrojiis a4*­ • thiou#h the following described real property ("Property" herein) In KING County, Washington: 7 ACCOR6G TO nig::-- .-WE WEST HALF OF LOT 6, BLOCK Z� AKEWFARMS..' X0 THEREOF RECORDED IN VOLUME 40 OF -PLATS, PAGE(t) 27. RECORDS 0 ? KIN&OPUNTY, WASHINGTON. Except as: may be oth6rwise set forth herein Grantee's rights shaii'ba exercised ul;on that.) ortlbn of the Property ('Easemd6t described as follows: An EasiOnent AregAO fee e In width having 5 feet of such width on calif sida•bf a A! '4 l"o bed -as follows: ,-THE.,0E10JERLINE OF GRANTEES FACILITIES AS MOVi.-CONSTRUCVED, TO -.'BE X Y CONbTRU[CT1ED, EXTENDED 'OR RELOCATED, LYING'I'AT�N 0 ABOVE - OE6dRIBtD REAL PROPERTY. i. PViipose,' Qr"s shall have the right to use the Easement Area to Cf.." opefaIs. maIntain, repair, 1* lr�pr6M remove, and enlarge me or more utility system for purposes of tmn$ml distribution and sale replace, electrIeW Is y. , uch,sy*rn May Include, but are not limited to: U"rapun. faOil ltles:`ftes, pipelines, mains, laterals, conduits, regulators and feeders for.*; -bondbits, 0nad,'cables; ."uh, Witch$$ and transformers for electricity, fiber optic cable and Oher''.Ilngi, ciJ�Iei and facilities for communications; semi -buried or ground -mounted facilities and padk'. marpip,les, rrie", flidures, attachments and any and all other facilities or appuftnani�i necessary or cooiihiknt to�any . or all of On tMoing. Following the InIft 4'mstruco of all oir'i p6rtkmi:of Itsxystems, Grantee may, from time to time, construct such additional fpcililles as it may requite for such systami. Ciarilee shall have the right of access to the Easement Area over and across the Properly to sinalike Grantee to exercise .# s "Ift hereunder.'. Grantee shall compensate Grantor for any damage to the Property causdid-by the e�sn;16 of sUchqM of acme by Grantee. 2. Easement Area brantbe ihall i6A the fight to cut,remove and dispose of any and all brush, trees or other vegetation in the EtLeem6nt Aiet." Grantee sliiell also have the right to control, on a continuing basis and by any prudent and reasonabli Ine6ris,ihe jistab " t - of brush, t or other n d growth ru roes vegetation in the Easement Area. 3. Grantors Use of Easement Area. dr4blor -tesirvea4he right to%,use ti6'Easemqnt Area for any purposo not Inconolft-it with the rights hereln grented;-prqvldidl, h6�we . GtintcY shrill not,cell0rud or maintain any buildings, alructures or other objects on the Easement k.¢a an.d Grantor ihall!'�do n,6 blggiing`*iffiln 300 feet of Grantee's facilities without Grantee's prior written consent. 4. indemnity. Grantee agrees to Indemnify Grantor from SM ojalno liabH* "tgr as a result of Grantee's negligence In the exercise of the rights herein gran* to:GrsriIee,.btd n . pa�. 6 11 *Ulre Grantee to indemnify Grantor for that portion of any such liability att&rr&b .,negl of r-6r.-ft le"101 negligence of others. 5. Abandonment. The rights herein granted shall continue until such time 49 Gre us* the Easement Area for a period of five (5) successive years, In which event, this easament'Ahall terminate angl'all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or ot6iK.0 came tits pr(" rty UG Gas & Electric EssenwO I0Q003 1OW495MG703200 RW-OWS79 =10 TAX 140T "QU= Pop 1 of 2 co pig D** cit Graiii1or, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's AallurVo initially Install Us systems on the Easement Area within any period of time from the data hereof. N B. Successors WW Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all -bf.its rights, benefits, privileges and Interests arising in and under this easement. Without limiting the gehe*lty Of the foregoing, the rights and obligallons of the partas shall Inure to the benefit of and be binding upon tktekr ies -sycoessors and assigns. ,pAVIA day of I M Lw-� 21307. 'TED $is GRANTOFF Y STATE OF WAE COUNTY OF On this IGTO SS of Washington, duty commisslon6d and'swon IndWya](s) who executed the within and fort' as h free and voluntary ao.sncl GIVEN UNDER my hand and 6ffoal written. .2Q.97, before ma; PeTdonq apOeared:MICHAEO Di4 ingirualant, and 60.1mowt ' J,'fbr t , he pies and puroses tNx cal Ir"o affoMd tlld d4y argil yes wari'moo Ate twlEl MY -.4 .. --i cued$1 n.r',=I.M #,6t ral be pawd WM* I- Mworia S X UG Gass & E16700M2Easenant I Qr2M 10504907103045 R*M9 Page 2 of 2 iotery Public In and for the State AVIS, to me known to be the hat signed the same mentioned. in this certificate first above kriira or wAppp Fiainu p rqutwyl NOTARY PIJkJC In :.and;: for thqt' state a Washington, residin&t MyAppointment Expiro.s: J. ........... r,. r:i ..s'- �t1. tvi � yky ��,,� '��,�.y-}k�7i4�r,�•,. � � r�D,i��'- ,��,�,� ��ki�r��.,,�`. r �,4 � r Y e 2 ��� ��°•,fj. �}�,*�ki�� yte'�'.�,�a� ° 1i�!"ih 4ti y y � u-�r Yrjl�� y � •°' i��, �xF _ n•� 4lrj 3, E Y s 'Ai F � � T+� f �, .! � ' Z., 1 1'„� a �i1�yM �- , 4 � r • r• N. r: da, �. �or�„y`wy?. '. =i�. tis �+, �r•ay�F. i'. �..`sr ��s .. �. IFS' , t�• - � _ .S° +'•.. .� ° .�re.� ��'� Esmt ror Dxtob Deo 1-54 4513644 o w W 0 Dtd --- looted Aprr 3-533 The gtom acid title holders, Bx Ted. Q. Strodtoko and Dorothy M t red ioke to sd parties do hby grant the rt to the 000upanto of the house 00 ". Yid of Twat 6 Slk 2 Aker "a Farms No 5 a y r`i, to dig a 0=11 ditob fora voter main aoroan tho H 3 ft of the Tt 6 $lk 2 is Parma No 5 to hold voter pipo for use h in tbolr hom. Rd dstoh to to be about 18 inches deep and properly filled in 90 soon as the pipe boo beam laud r The oov ban oontal.ned shall run with the Id and be bindingupon all subsequent owners thor XGN QK (M2 ClaireAker, 16407 Henson Rd Rebton) k fi ~, Q`i � .� �,� .- ant ° Q�� a��u" ��N�q'R�`+� ir;; ?�5"�;°•� �� L r i",�•�y�'�r`�.r',�}�8+�ti�; ��. j,(�, v v . fA Ilk t•4j,a�t � } �'' i?N° ,��?`�',•'S;��t. dui +a"{.3{, � e,S '�., Yli•Y` t d' - '.F�r� � N1 �� , r � :t��•`�''��'1 � 7-�,,, '�°�� * �' �r� � ' ' v 5��`},' r,�r�F rep � � , 4 7 , �' CR "i _ r +if1M 'ti°'1 �j:, .�+�f, ' � j+ 5� ,. B w `� �` ���o� d�viF! $ ��jb 1��a� ,-,�ff� L�� � �� y',.. ��?,�y�� V w�P,1},.i•"fF+y�' �„�i, i,'q a � =��, c • � liy ..@� ° nt �� tj ' � �a"rn`lti,,��irS yp ' 1 �' `} 1tn,.`'�N f,.�" .,J- , V �3'h erg Q�i,F. ` �p pY�y(. t T�9, g' � ,4 5 i�. a�dM�.� tF�l 5 r d �1•" ,p„an ,a31"v�o'£ �yit' cI p d>�„ �„Yl d'4°�L •3 r'l-i+1. '� `;, '° .,�.',P ' A4;' o +,oil �.[ • .. _ ,_�f�? SrE1j � tl39 1.1'It ar F4y Y tlr ••.,J tl £, tlQill tlr'tlt r ,� �" = Q����� . � � gtlr � t� ��� ;:s . 11la .,Ijr y� i�• � � 1 e �a5a t r ,, ,.��3 �a� 3 ra���35 � i n � �•r 9 R R���se ry of tqq _ �$a�a `� '� w ua=$a9'Pulp CL _ailit Je: O fill a 1Mill a !g►�;_e ��� ; I rib o .. UP1,AT T CH 7� �� �• -' UNf4ATT£D N LLD 8 IJ Lj— uj F" N fine C� ••�•tl i'i r� r7 esi ! ! r r • Yr� �a !a n J� tl �•�-x/ ~ rlrrr.. anaa w.-w r .yam. .. � ar•�� .. ^ .i.a.�'► � � � . (�c.7�� U N f' A• b` V u FF P 1. A T 'Teo a -I� -46 r� a 0 a CO h Cn O e, N RETURN ADDRESS 3 let 16816-104,Ave SE Re W% WA 98035, Please print neatly or type information Document Title: King County Form --Seller's Notice of On -Site Sewage System Operation and Nixatenance Requirements Reference Number(s) of Related Documents: Additional Itofcrxasa ft on page Grantor(s) (Last,14rst, and Middle Initial) Cruse, Paincta M Additional Grantors on page Grantee(s) (Last, First, and Middle initial) THE PUBLIC 31+d Legal Deseription (abbreviated form: lot, biki4, plat or section. townslup, range, quarter/gnartar) the west half of Lot 6-131ock 2-Akers Fmu #51Volum 40-pare 27- KM Cownty, WA _ Addwonal Iegal is on page Assessor's Property Tax Parcel/Account Number 008700-01 16-07 Additional pares] lts on page The Audriotfib=xder vnIl rely on the information provided an this lbrrn The staffwd] not coed the documents to verify the aemmey or completeness of the indexing information provided herein NWMLS Form 22U ecompt 2"i Seller's Notice ar QSS Northwest Mulliple Iashes samoo Rehr Not ALL RIGHTS RESERVED Page 2 or s KING COUNTY FORM - SELLERS NOTICE OF ON -SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Assessors Tax Parcel 100. 008700-0116-07 1 Seller is the owner of real property within King County, which Is legally described as follows the =thalfdlt2L6:Nock 2-Akers Farms 0-volume 40-pgge 27 2 The above -described real property is served by an on -site sewage system ("OSS") 3 The Code of the King County Board of health, Seaton 13 60 005 establishes certain respon- sibdlties of the OSS owner with respect to the operation and maintetmnce of an On -site Sewage System, as follows A The OSS owner is responsible for the continuous proper operation and maintenance of the OSS, and shall I.sa 1 Determine the level of solids and scum in the septic tank at least once every three (3) years 4 for residential system with no garbage grinder and once every year rf a garbage grinder is Co installed and, unless otherwise provided in writing by the health officer, once every year for m commercial systems err 2 Employ an approved pamper to remove ilia septage from the tank when the level of solids "2 and scum indicates that removal is necessary C1% 3 Cause preventive maintenancelsystem performance monitoring inspections to be conducted Cam', and any indicated service to be performed by an approved person at a minimum frequency c" in accordance with Table 13 60-1 unless otherwise established by the health officer or the Sewage rewew committee 4 Operate and maintain all OSS in accordance with this title, with pertinent alternative system guidelines issued by the DOH [State of Washington Department of Health] and with the approved OSS owner's operating and maintenance mswatwn manual a Proteat the OSS area Including the reserve area from a Cover by structures or impervious matermi, b Surface drainage, c Sod oompachon, for example, by vehicular traffic or livestock, and d Damage by soft removal and grad alteration 6 Maintain the flow of sewage to the OSS id or below the approved design both in quantity and waste strength 7 Direct drains, such as footing of roof drains may from the area where the OSS is located NVOWS Form 22U Wopynght 2007 Seirars Nodoe or OSS Nortfmi" Mutdpie Usting Some R" "I ALL (UGHTS RME 40 Pogo 3 d 3 MNG COUNTY FORM - SELLER`S NOTICE OF ON -SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS B The owner shall not allow I Use or introduction of strong (rases, strong acids or organic solvents into an OSS for the purpose of system cleaning, 2 Use of a sewage system addittm unless it is specifically approved by the DOH, or 3 Use of an OSS to dispose of waste cornponents atypical of residential wastewater, for example, but not limited to, petroleum products, parnts, sohreras, or pesticides M � y r !er Date Seller Date I STATE OF WASHINGTON ) ss COUNTY OF KINq ) ems. On this � �{ day Of � 2002 . before me personally o (month) (year) co a P� C�u�— appeared � and / to me known to a the individuals esori here►n a o executes oregoing instrument as his/her/their free and voluntary act and deed for the uses and pprposes herein stated c*� Given under my hand and oftlaal seal this 4day of ^ , cv (month) (year) a av aft" Pubft Man arfteh elm nt DAYU NE T UN.UM j M AW0ft a tM hires &V 1, 2= NOTARY PUBLIC in and for the State of Weiihoroon, Residing gt T � My Appointment Expires 4;>'r7 i J I 41ranchiSTY,,1)Ser :8763 ThIt^ Ofiwer. 41 Order: 207150639 Station Id :Hi Conimen1: Return TO: AURORA LOAN SERVICES, LLC 602 5th Ave, PO Box 4000 Scottsbluff, NE 69363 20060828002610.001 Assessor's Parcel or Account Number: `igT.— V I I �--Y' b� r� , C �} Abbreviated Legal Description: � L . 4—� T {.l�f [include Int, block and plot or section, township and range] k u leg(U dLtR�Ccl ated on page Trustee: 3 STEWART TITLE Additional Grantees located on page 2 — ISpace Above'rhit Line For Recording Data] DEED OF TRUST MN 100025440003330575 ART TITLE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11, 13, 18.20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument" means this document, which is dated August 28, 2006 together with all Riders to this document (B) "Borrower" is MICHAEL E DAVIS , A HARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY Borrower is the tnutor under this Security Instrument. ((',) "Lender" is LEHKAN BROTHERS SANK, FSH,A FEDERAL SAVINGS HANK LOAN lit 0038827721 WASHINGTON,Singlo Family-Fannio Mae/Freddie Mao UNIFORM 1NSTRUMFNT WITH MERS (ID �6A(WA) (0012) Form 3048 Page 1 of Is Initials: VMP MORTGAGE FORMS • (800 7291 KING,.WA Page I uf24 Printed on 412112007 10:21:08 AM Document 2006.08280002510 Brunch :STK,l_lser :8763 Title Officer: 41 Order: 207150639 Station Id :13X. 20060828002610,002 I.ettder is a FEDERAL SAVINGS BANK organized and existing under the laws of UNITED STATES Lender's address is 327 INVERNESS DRIVE SOUTH , ENGLEWOOD, CO 80112 (D) "Trustee" is STENART TITLE (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS b the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated Auguat 28, 2006 'i'he Note states that Borrower owes Lender THREE HUNDRED FIFTY THOUSAND & 00/100 Dollars (U.S. $ 350, 000.00) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fail not latex than September 1, 2036 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Notc, and all sums due under this Security Instrument, plus interest. (I) ")(ciders" 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 13 Condominium Rider Second Home Rider Balloon Rider 0 Planned Unit Development Rider I A Family Rider VA Rider ElBiweekly Payment Rider Other(s) [specify] (J) "Applicable Lew" means all controlling applicable federal, state and Iocal statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: () damage to, or destruction of, the Property; (h) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note VusIu60033305nt under Section 3 of this Security Instrument. 0038827721 Initials:- (R-6A(WA) (001?) page 2 of 16 Form 3048 1101 !<lNCi,Wn Page 2 of24 Printed on 4/2120()7 10:21:09 AM Document: 2006.0828002510 Branch ,:STKjJser :8763 Title Officer: 41 Order. 207150639 Station Id jl3 Comment: 20060828002610.003 (Q) "RESPA," means the Rea] Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter, As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" eves~ if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in interest of harrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrurttent. TRANSFER OF RIGHTS IN TM PROPERTY The beneficiary of this Security Instrument is MBRS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MBRS. This Security Instrument secures to Lender: (i) the nepaymont of the Loan, and all renewals, extensions and modifications of the -Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County, of King 17ype of Recording 3wisdiction] [Name of Recording Iurisdiction] THE WEST HALF OF LOTS 6, BLOCK 2, AKERS FARM NO. 5, ACMR13XXG TO THE PLAT THEREOF RECORDED IN VOLUME 40 OF PLATS, PAGES) 27, RECORDS OF KXNQ COU=, WASHINt;TON. Parcel ID Number: which currently has the address of 16816 104TH AVE 813 (street] RENTON lCiry] , Washington 48055 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter crected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is refored to in this Security Instrument as the "Property." Borrower understands and agrees that MER$ holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law ar custom, VIERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrurneut. 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 100025440003330575 0038827721 Initials: GA(WA) (0012) Page 3 of 15 Form 3048 1101 KIN(i,WA fate 3 of 24 Printed on 4/2J7007 10:21:10 AM Document: 2006.0829002510 Branch ;S'i'K.l ltiur :8763 Title Offices: 41 0rder: 207150639 Station Id :BX Comment: 20060828002610.004 of reccud. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TIIIS SECURITY INSTRLWNT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and We Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any cheek or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all, subsequent payments due under the Note and this Security Instrument be made in one or more of the following fortis, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic. Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, them Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current, If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the fauuc against lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal duo under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shalt be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists alter the payment is applied to the full payment of one or more Periodic Payments, such excess may be appIied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Now, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien oa encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Leander in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any 100025440003330575 0038827721 Initials: (Q 6A(WA) (0012) Page 4 of t5 Form 3048 1101 KINIi,WA rage 4 ot'24 Printed out 4/2'2007 10:21:1 1 AM Documc;nt: 2006.0828002510 iiranclt,S'1'K,lIeer :8703 Title Officer: 41 Order: 207150639 Station Id :B> comment: 20060828002610.005 time during the tear of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees, and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender an notices of amounts to be paid under this Section. Borrower shall pay Lauder the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay 10 Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the, event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay r-krow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender tray revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are titer required under this Section 3, Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit lender to apply the Funds at ilia time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable law, Ile Funds shall be. held in ate institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RF.SPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower intemst on the Fonds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or.Applicable Law requires interest to be paid on the lands, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree in writing, however, that interest sUR be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Leander shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under ROSPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no morn than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds held by Lender, 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the I mparty which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. 7b the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3, 100025440003330575 0038827721 Lft� GA(WA) (0012) Page 5 of 15 .0 Farm 8048 5101 KIN(i,WA Page: 5 ol'24 Document; 2006.0828002510 Printed on 4.i212007 10:21:13 AM Branch :STK,tlser :8763 Title Officer: Al Order: 207150639 Station Id :W3 Comment: 20060828002510.006 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. if Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fine, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during: the germ of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services, or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal. Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages descrllled above, Leader may obtain insurance coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, 'These amounts shall bear interest at the Note rate from the date of disbursement and shall -be payable., with such interest, upon notice from Lender to Borrower rexlueWag paymenL All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shalt have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Leander may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lander, shall be applied to restoration or repair of the Property, if the restoradon or repair is economically feasible and i,endces security is not lessened. During such repair and restoration period, Lender shall have the right to 100025440003330575 0038827721 Initials: (-BA(WA) (0012) Pago 6 of 15 Form 3048 1101 KING,WA Page 6 of2d Printed on 4/2/2007 10:21:15 AM Document: 2006,0828002510 Branch .STK,1 jser :8763 Title Officer: 41 Order: 207150639 Station ld :13a Comment: 20060828002510.007 hold such insurance proceeds until Lender has had an opportunity to inspect such property to ensure the work has been completed to Lender's satisfaction. provided that such'inspection shall he undertaken promptly. Lender niny disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Aorrower. Such insurance proceeds shall be applied in the order provided far in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when Vie notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Burrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6.Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days -after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Pre$ervation, Maintenance and Protection of the Property, Inspections, Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detemtined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further dctesictation or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If rho insurance or condemnation proceeds ate not suffident to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application proms, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 100025440003330575 0038827721 initials: �•6A(WA) (00t2) Papa 7 of 15 form 3040 1101 I KING,WA Page 7 of 24 Printed on 4/2/2007 10:21:16 AM Documeiyt: 2006.0829002510 Branch STK,IJser :9763 Title Ullicer: 41 Order: 207150639 Station Id :fix (:ornment: 20060828002510.008 9, Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or rarfeature, for enforcement of a licit which may attain priority over this Security Instrument or to enforce Jaws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property: Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument, (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its Interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding, Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'iltese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee lisle shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Botmwer shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the. Loan is ultimately paid in full, and Lender shall not be required to pay Borrawc+r any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of makiug the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and tender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Not -- Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. 'Ibese agreements are on terms and conditions that arc satisfactory to the mortgage insurer and the other party (or parties) to these agreements. new agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). 100025440003330575 0036827721 Initials: (Q sA(WA) (0012) Pago 6 of 15 114 Form 3046 1101 Klhi(i,WA Page S of24 Printed on 4/2/2007 10:21:18 AM i ocumeni: 2006.0828002510 J3raneh,:STKj Iser :8763 'Title Officer: 41 Order: 207150639 Station Id :fi) Comment: 20060828002610.009 As a result of these agreements, Fender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive 'from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law, These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Fender. If the Property is damaged, such Miscelfaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Inauu mcnt, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the Bair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless ,Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whethea or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as def"nud in the next sentience) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Fender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due, "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous proceeds. 100025440003330575 0038027721 Initial&:4f eft -FA(WA) (0012) Page 9 of 15 Form 804E 1101 KING,WA Page 9 of 24 Printed on 41212007 10:21:20 AM DOCt]Ittfnt: 2006,0828002i 10 Branch.:STK.I.Iser :8763 Title Officer: 41 Ordur: 207150639 Section id :R)� Comment: 20060828002510.010 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the, Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. 'fie proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Leader. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. 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 Security Instrument granted by Lender to Borrower or any Successor in interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refute to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liabrflity; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not he released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performexd in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a spexdf c fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Tender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such ovexcbarge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless 1.00025440003330575 0038827721 initials: (0. GA(WA) (0012) Page 10 of 16 —f Form 3048 1101 KING. WA Page 1Do F 24 Printed on 4/2/2007 16:21:21 AM Document: 2006-0828002510 Branch :STKJJser :8763 Title Officer: 41 Order: 207150639 Slation Id :13X Comment: 20060820002510.011 Applicable Law expressly requires otherwise. Tito notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address staled herein unless Lender has designated another address by notieo to Borrower. Any notice in connection with this Security Instrument, shall not be deemed to Have been given to Lender until actually received by Lender. If any notico required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument, 16. Governing Law; Severability; Rules of Construction. Ibis Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of ibis Security Instrument, 18. Transfer of the Property or a Beneficial Interest in ]Borrower, As used in this Section 18, "Interest in the Property' means any legal or benefrcaal interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future dale to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exemise is prohibited by Applicable Law. 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 given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lander may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19, Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before We of the Property pursuant to any power of sale contained iir this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower; (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by Reis Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, aq selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check 100025440003330575 0038027721 lntliats; (M-8A(WA) (0012) Page 11 of 15 Form 3048 Vol KINGNA Page I I of24 Printed on 412i2007 10:21:22 AM Documenr 2006.0828002510 i1ranch.:5'i'KJ Ner :8763 'Title Officer: 41 Order: 207150639 Station Id .13A Comment: 20060828002510.012 or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrummt and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the ease of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicex; Notice of Grievance. The Note or a partial. interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Low. 'Ihere also might be one or more changes of the I.oan.Scrvicer unrelated to a sale of the Note. if there is a change of the Loan Servit er, Borrower will be given written notice of the change which will stage the name and address of the new Loan Servicer, the address to which payrnents should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the outer party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other parry herm a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. ifazar•dons Substances. As used in this Section 21: (a) "Hazardous Substances" are; those substances defined as toxic or hazardous substances, pollutants, or wastes 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 materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that Is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, axcates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of ib0025440003330575 0038827721 Inttlals: (D4A(WAj 10012) Page 12 of i50 Form 3oita Vol {1NCi,liv'A Page 12 of24 Printed on VM007 10.21:23 AM Doc umeilt: 2006.0828002510 Branch;STK,llsur :8763 'Title Officer: 41 Order: 207150639 Station Id :BX Comment: 20060828002610,013 release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediati0n of any ffi=dous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental law. Nothing freaein shall create any obligation on Lender for an Environmental Cleanup. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender 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 Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required 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 result in acceleration or the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 124 days in the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a court 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 farther demand and may involve the power of sale and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 'If Lender Invokes the power of sate, 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 regard tg notice of sale and shall give such notices to Borrower and to other persons as Applicable Law.may require. After the time 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 any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in thy 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 of the statements made therein. Trustee shall apply the proceeds of the sale to the following order; (a) to all expenses of the sale, including, but not Waited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. 23. lieconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender lhis Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation coats and the Trustee's ice for preparing the recouveyance. 24. Substitute Trustee, In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any 11rustea 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 Trustee herein and by Applicable Law. 100025440003330575 0038027721 Initials: �-GA(WA) (0012) Pago 13 of 15 Form 3040 1101 KING,WA Page 13 of24 Printed on 4/2/2007 10:21:25 AM Document: 2006.0828002510 Branch *STK,I Ist-r :8763 'Title Officer: 41 Order: 207150639 Station Id :BX C;omrnent: 20060828D02610.014 25. Use of Property. The Property is not used principally for agricultural purposcs. 26, Attorneys' Bees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument. The germ "attorneys' fees," whenever used in this Security Instrument, shall include wideout limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMIT VIENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in arty hider executed by Borrower and retarded wine it. Witnesses: (Seal) � -Borrower (Seal) -Borrower (Seal) _ (Seal) -Borrower -Borrower (Seal) (seal) -Borrower -Borrower - (SO4 -- (seal) -Harrower -Borrower 100025440003330575 0038827721 (M-15A(WA)'(0012) page 14 of 15 Form 3048 1101 KIN6,WA Page 14 of 24 Printed on 4/2/2007 10:21:26 AM Document: 2006.0828002510 Hraiidh•:S'FK,l jser :8763 ' 'Title Officer: 41 Order: 207150639 Comment: Station Id :B? STATE 0 WASMy ON B5: County of } On this clay pappeared bef e 20060828002510.016 to me known to be a individual(s) described iexecuted the within and foregoing instrumernt, and a/sh acknowledged tha ey signed the sama hi /their ree and voluntary act and deed, for the uses and purposes boned. GIVE u�+ GIVEN under my hand and official seal this6'-6M day of � "", d! 1 r , firr�,�, '11`opWA�,�- 10002544.0003330575 0038827721 (j§&(WA) (0019) Wmry My Appointment Page Is of 15 Initials: Vk Form 3046 1101 KING,WA Page 15 of'234 Printed on 4/2/2007 10:21:28 AM Document: 2006.0928002510 KII'F-10 Uil;H[--Kai RETURN ADDRESS: Fmngw sank i Sumner OW Alder PO Box IM Sumner, WA BLVD DEED OF TRUST DATE: March 10, 20M II LA Reference # Of applicable): SUMN-XXDD821 TI=s? JRQj=Z0W Additional on page_ Grantor(s): 1. KD PROPERTIES-BENSON, LLC #�� p� Grantes(s) FIRST AMER!CAN t Zy 1. Frontier Bank 2. FIRST AMERICAN TITLE COMPANY, Trustee Legal Descriptlon: SECTION 29, TOWNMSHIP 25 N., RANGE 6 EAST., NW QUARTER, SW QUARTER Additional on page 2 Assessor's. Tax Parcel ID#: 292306-9010-04 THIS DEED OF TRUST Is deW March 10, 2006, among KID PROPERTIES-SE;NSON, LLC, A WASHINGITON LIMRED LIABILITY COMPANY, whose address is 1201 MONSTER ROAD, STE 320, RENTON, WA OWN ("Grantor"); Frontier Bank, Whose mehing address Is Sumner, 801 Alder, PO Box 18b0, Sumner, WA 98390 (referred to below sometimes as. "Lender" and sometimes as "Benefiol[W); and FlRST AMERICAN TITLE COMPANY, whose ma0ing address is 2101 FOURTH AVENUE, WE 800, SEATTLE, WA 98121 (referred to below as "Trustee-) 20060316D01636.002 DEED OF TRUST (Contlnued) Pegs 2 COMMANCE AND GRANT. For vetu" oonsiderollon, Grantor convoys to Trustee in treat with PWAW of safe, flight of entry and possesalm and for the banalN of Lander as Senencfary, as of Grantor', right, lab, and Intow In and to the t0liowhhg desdlbed mal proporty, kWlhw vAth an e I " 9 or subuegwnayro eclsd or enticed bulklIngs. GnprovementsWar= all easements. rights of way, and apipurtanw=% all we*. water fthts and and rights with ditch or rWftX and d other rghb, roy;_Mss, and proft rsietlnp to the real prh�p y rig Wow amnatbn all minerals, oil, gas, geothermal and detour memo, (the 'Real Propel'ty') Toasted irl UG Ctkinly, State: of Washington: THE EAST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH , RANGE 6 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 782486 FOR SR 616, RENTON VICINITY: CARR ROAD TO GRADY WAY. The Real Property or Ile address Is cotmnGs4y tolawn as 16aXX 104TH AVENUE SE & SOUTH 32NO PLACE, RENTON, WA OWN. The Real Property tax Iderlllf own number Is 282305-NIO-04. Grantor hereby asslgrs as swaatly to Lwww an of @sitar's right, ft and bdamst in and to al Maws. Renfe, and ppro�nate of are Property. This assignment b recorded In accordance with RCW 65MAID: Itq lien created by lads anaignmerd le Int ndad to be spadl% p dsotad and chaste upon Ihr r000rding of he Dead of TrwL Lender grants to Grantor a Imensa to ooped the Fbrts and profits, which naenn may be rwaked at dander's option and shdl be automaeoaty mvcked upon aooWmnon of NI or part of the Indebladneas. THIS DEED OF TRUST, 114CLLIMNO THE ASSIGNMENT OF RENTS AND TtiE SECURITY WTEREST IN THE RENTS AND PERSONAL PROPERTY, 18 GWEN TO SECURE (A) PAYiIENT OF THE MEWEDNEOS AND ()n) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS; PAYMENT AND PERFORMANCE. Btoept as othsrwbe provded in this Deed of Tibet Grantor shed pay to Lander an amounts secured by Ihb Dead of Trust as they bowns due, and shell Wrl* and In a am* marmar perform as of Grantors cbllppl = under the Nis, thll Dead of Trust And the Rsialsd Documents. POSSEMION AND MAINTENANCE OF THE PROPERTY. Grantor ages that Grantor's poembion and ass of the Property shad be gavemad by Se t0mrIng pm*io= Pbr:nntea and Use. Urdu the oommmnca of an 2varrt of Dabull, Grader may (1) remain in possession and control of On Properly; (2) use, opwats or manage the Property; end (S) colsot the Rands ham the Property ghb prlvltsgs Is a terse from Lander to Grantor u tmnsdcaty rovokod upon detauay. The kgowhV provisions rotets to the use of the Property or to other Ilrlaations on Ihe.Propedy. The Red Property Is not used principally foragdowllwal purposes. Duty to Imh*IrL Grantor shall mandein the Properly in tenantable condition end promptly pertorm sit mpd% replacements, and malntsnanceni ssew to praa r o Its wells. Nutetmc% Waste. Grantor shell riot mane. condual or permt martyy nuisance nor oommR, pam#L or aWw any wVgOng of or waste on or to the Property or any portion of the Property. Without limiting the ganerelly of the faregolag, Grantor will not remove, or grant to any other party this right to remove, arty timber, ndnerats (Including oil and gee), coal, day. soot&, ad, gravel or rock products wlawut Lender's prior written convert. Removal of Improvemente. Grantor shall not demolsh or remove wW hnprov m rb from the Reel Property wIthoirl Leaches prk r vM&pn ocrawt As a oc"tion to the mffwwwl d arty Improvamaets, Larder may ce im Grantor to frake smangemenb sathractory to Lander to replace mxh tmpro arrerds with Improvement of at lees! equal value. Lando's Right to Enter. Lender and Lend" agents and repmentslvew rnsy order upon the Rest Properly at e1 reasonable gores to attend to Lendota I-does;s and to inspect that Red Property for purposes of Grartorle compaaroe with rare fame and conditions of this Dead of Trust. Compiance wttb Gavtrumaftal Roquftwft Grantor steal promptly comply, and shell promptly curse congaanme by d egsnts. tenants or other porsom or won cl wary nshse whalsosver who rent, Iasea or dherwin we or occupy the Properly M arty manner, with all laws, o dlnanoes, and regulation, now or hereafter In effect, of er governmental a0wrlMs app>babla be the use or occupancy of the property, IrtdudkV wMout Amitation, the Adwfoane With Dpwbitiea Act Grantor may contest in good faith any such law. ardmuhok or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long w Grantor has nodned Lander In %MN prior to doing so and so tow as, In Lando's wig opInkw4 Lendst's Initheste In the Property we not jropwxbod. Landw may require Grantor to post adequate securIty or a surely band. reasonably aalislactory to Lender, to protect Lsndar's Inlereal. Duty to Protaet. Grantor agrees neither to abandon or taw unafbnded the Property. Grantor shall do all other note, in addition to those Eels Dal Tarnh ebavo In this seclon, which frorrr to chancier and use of the Property we reasonably neww" toprohotand preserve the Property. DUE ON SALE — CONSENT SY LENDER. Louder may, tl Lando% option, (A) ciadare immadlateltr due" payable as sumo secured by thb Dead of Trust or (S) IeCfeeaa the I do eet rate provided for In the Nola or rather document sNdoncing his Indebtedness and Impow such other conditions as larder downs apprdpriale, upon the sale or bansfar, without Lenders priorwritten corssnt of 0 orarray part of to Real Prop", army Idoest In the Final Property. r . A'Sate mr transiar mans the Pro lift vdurdsryoror Imrofuatary; whetere Y otdripM sak.Ideed, Inalslimat s fact tend contract contract for dood, leasandd Intered with a term greater theft three (3) years, le�Dn corf A or by set% assignment, ortiatido pF and berlenpial Won In or to any land trust holding sae to the Real Property, Irby any otter method of omnv6yame of an Infamst In the Real Property. a any Granlor'ie a corporation, partnosw or prrdlad nabaay company. trandar also Mcludes any, o h uVo In ownerwrdp of more than %vw4-ft percent M%).of rat votkng:slo*k ppegrilnerenIp trtemsh or thraw UM Merest, as the owes may be, of such Gri tor. However: BW'aplon shah 'Sal lei s waked by Lander It slbclr 10h pmtibtwd by federal law ar by Washington taw. TAXES AND LIENS. The falWAN provhloro raWng to the I&= and Mrs on the Property aka part of this DOW of Trust: PeyntwL Grantor shed pay when des (and in sit events prior to deingperwy) al Leas, spacial taxse, asetrumenb, when d (Including Dal tlldgaim .imr walar &nd sawar)6 Eras and work don on or for services mndM or malBAalim WOW against or on account of the ftuNshed to the Property. and shoe pay maintain the Property free of 0 Ism having pdmhy ewer or equal lm the Werest of Lander under rats Dead of Trust, 2G0803160G1638.003 DEED OF TRUST (Continued) page 3 acoaPl for the Pon of taxes and asseanwrds red due and except as dhsrwlw provided in this Dead of Tnut. Right to Content. Grantor may withhold payamt of any lax, assessment, or d ern In connection with a good filth dispute over the abAgagon to d npay, so loop es Ladara Interest to the Property is not )nopardzed If a Jon utses or Is filed as a mull onpaymom, Grantor shag within fifteen (16) days after he tan elm, rn. K a pen Is ftd, vMhln fifteen (16) toys afbr Grantor 17ae notice of the Ming, secure the discharge d the Len, or ti requested by Landar, dapmll with I.ondar each or a st"U.", corporate surely bond or other ssourfy salhtecbry to Lander In an amount sLO*rd to ftcherge the inn phis amp coats end aft~ fees, or other charges IW could eoorus as a result of a foreolcma or sale under the pen. In any contest, GreMor shell defend bell and Lander and shell asllsy any advww pidgmend before eMorcernom against the Property. Orontor shag name Lw%* as an additional obliges under any surety bond furnished In It* contest proceedings. Evidence of Paymal. Grantor shall upon demand furnish to Lender sablactory &vMr a of payment of the texas or awem msrltf and shag authwb* tits appnvpdato govemm nW oM-I totlebor b Lander at any limo a wma sfeiomnrt of the beers end asseaamenfs apelnei the Ropy. Notice of Conatruc to t. Grador shag notify Lander at least Often (16) days before any work h commenced. any services are furnished, or any mob It, are suppled to the ti any nwc knlo% Jan. maiodalmods pan, or other Ron could be asseded on account of the work, services, orrh. Grantor will upon mquasl of Lander furnish to Larder advance esslaanoea satistadory to Lander pat Grantor can and will pay Me Mat of such MVfMmer3tL PROPERTY DMAGE UMLU WM The blowkg pnCvisi M COMM to Insuring Me Property are a pad of this Deed of Trust. Maintenance of htsaenoa. Grantor shag prooWo and maintain pokes of fire Insurance wfih standard ®fended coverage endorsements on a replacement bash tor the Marti Insurable value owning ail Improvements on the Rost Property In an amount svIllolent to avoid appiloslon of any coinsurance clause, end with a stsndard mortgages clause In favor of Lender. Grantor state also prooLn and malrAeln comprehensive general labilty Insurance In such dCveregn amounts as Lander may request w tin Trustee and Lander b" named as addtilo" Insureds In stich AaM Insurance pokes. Additionally, Grantor that melataln such other Irle6mm, Inserting but not NWW to hazud. business lnderrupibr4 and bdW huura ics, as Lender may reasonably require. Policies shall be written In farm. amounts, coverages and heals re"onaWy aceaplaim to Lander end Issued by a company or competes reasonably aooeptable to Lander. (grantor, upon request of Lander, wig delver to Lander from am to flaw bur pdkdes or oarMostas of Insurance In form sagstaotooy to Lander. Including s9prddons thal coverages will not be cancelled or dk dnlshad wlthotA at least thinly (SD) days prior wrgbn notce to Lander. Each Insurance policy also shall Inr"de an andoree , at pro icov that coverage In favor of Lander will not be Impaired In any way by anir act. omission or dotaidt of Grantor or any other person. Should the Real Property be boated In an an designated by Ms 01rector of the Fedora! Fmrgovey Mitmomat Agency as a special Hood hazard area. Grarddr agrees to obtain end minmkt Federal Flood Insurance, fl nyW*bh, within 45 days after nofte Is gK*n by Lander 9W the Pmparhr Is located In a special (bed hw2rd area, for gw full unpaid principal balance of the loan and my prior Para on the property woudng the loan, up 10 the mrdmum polloy Imdh sot under the National Flood hwuranoo PMMM. or as otherwise required by Lender, and to mdnhain such Insurance for the farm d the loan. Apptiocegon dM Proceeds. Gmnbr shag promptly =14 Lender of any bee or damage to the Property. Lander may make proof of toss It Graeber fails To do s4 wlMb edam (19) days of the casualty. Whether or not Lander% s mM Is Imtpalred, Lander may. at IAndarb etectlan, receive and retain the prooesda of enter kwandti and aptly the proceeds to the reduction of the Irdebledrwss, payment of any ten afholing the Property, or the rastoraeda and repair of the Property. it Lender aloch to apply the procnwds to restoration and repair, Grand" shot repair or replace fine damaged or destroyed Improvemers In a rnancer satisfactory to LerKW. hider shag, upon slgshictory prod of such expendgtaa. pay or redmburse Grantor from the prooende la Me reasonable coat of repair or mkMatiah If Grantor Is not In default under thla Deed of Treat. Any prcosada which haw not been disbursed within ISO days alter their rewo and which Lander has not dommilled to the repair or restoration of Me Properly aheti be wad first to pay any amount owing to Lender under Mb Deed d Tout, then to pay aoaued Intprosl, and the remainder, it am, chap be applied to the prinofpd balance of to Indebtedness. If Lander holds any prom alter payment In tug d The Indebtedness, such proceeds SW be paid withoal Interest to Grantor as Grantors Interests may appear. Mr nlorla Report on bleerarxe. upon request d Lender. hwmvw not more then once a year. Grantor shag furnish to Lander a the amount of po ,, (4 on sooad�lyd nsuilrodcaft than dunent replacement valeta d such properly, and ft nanr w of determining that vstce; and (5) the rrpiregm date of 4w policy. Grantor shag, upon request of ladder, have an htdeperKWA apprafw Molectory to Lander ftWMne the cash value replacement owl d the Property. LENDER'S ETWERMTLIRHB. 11 a action or proceeding Is commenced that would matetely affect Leader% Infant In the Property or ti Grantor late to with any provision of this bead of Trust or any Rslabd Documents, Iaduding but root limited to Grantols Mature to discharge or pay when due Any anrourds Grantor Is required to discharge or pay under this Dad orTruwl or any Folded Documents. Looter on GranEorh behalf may (but shalt not be obligated to) I&M arty adOnn that Lander deems approprtala, Including but red candled to dEsdrarglg or paying al texas, Ilan, mu* Inlrsesh, ancurnbrencaa and other Balms, at any time Mrviod or placed an The Property and paying al casts for insuring, mdnWAIng and preserving the I'roperty. As Such wgendllures Incurred or paid by Lender rip such purposes will than bear Interest at the rate crargad under fine Nob from he dab Incurred or paid by Lender to the dale d repaymemt by Grantor. M such expenses wW become a part of t1w Indobbdmesa and, at Lender's option, wig (A) be payable an demand; (13) be added to the balance of the NM and be apportioned among and be payable with any Instalment paymelda to become due during d ther (1) the tam of any applicable Imuranoe poW. or (2) the ramuhdng term d as Nola; or (f) be arsabd ea a boJoon paymet which vAl be der and payable at to Note% maturity. The Dead of Trust oho wig mum payment of than amcurtfe. Such right ad be to addlilon to erg other rights and nmedbs to which Loader my be soU upon Default. WARRANTY; OMME OF TITEE. The fdkreing Provislans retailing to ownership of tiro Property are a part of gds Dead or Trust: Ms. Grantor warrants that (a) Grantor holds good and marketable it% d record b the Property in sae afmpia, free and dear dal. Lam and rtoumbren000 other glen those ed forth In the Het Property description or in any Mia Insunv= policy, MW report or erial atle opinion issued In kvor d, and saCaPled by. Lander In connection with this Dead d Tnat, and '(b) Grauer has fine trig +: powar,.andautpaitiy to ea.quIRWWd*Ax Min Deed d Trthl 10 Lender. Defense of Tice. 8ubjed to the exception In thdpaneyraph above, Grantor viar" and 4 Imov r daland the We to the Property apefmt 4a WAR claim of aft persons. In the event any action or proosading Is commenced that questions Granbre nee at the Interest of Trustee or Lender under this Deed of Trust, Grantor steal -- lino action at QMnwfe wpen m Grantor may be the rw r&W party In such proceeding, but Lander stall be engiled to patldpate in the proceeding and to be represented In the proceeding by counsel of Lender's own choke, and Grantor will dellm, or Cause to be dWMxvd, to Lends such I strurre to ai Lander may request hem time to time to permit such parkIpati m. Compltenea WM Lawn. Grantor Warrato that the Properly and Gmdgra use of the Property complies with eJ jodefing appliceble laws, ordlnancee, and regulations of govarrswafal edgtdrfiies. 20090315001638.004 DEED OF TRUST (Contlnut3M page a Survival of Raprmad ftU and wanraMlm. All rsprssentaitara, wamudk s, and agreements made by Grantor In Ihis Dead d Tent shall stlnvlwe the execul m god dell of this Deed of True, shall be ow laulno In nature, and 90 nmaln In full form and shad urdil such erne as GrentoA Indeb%dnas shaU be paid In fug. CONDEMNATION. The IoWrrQ pravbiom rota ft to conds mWm proceedlnps am a pad of this Dead of Trust Proceedings. It arty procoedhV In oondemnadon Is flied, Grantor shall prompthj nolly Lender In Willing, and Grantor shag promptly term such slaps as may be necessary tD defend the action and obtain the award. Grantor may be the nominal part' In such proceadng, but Lender shall be ardied to participate In the pmoeodinq and to be ded In the proo9oding by counsel of Its own choice all at Grantors apeme, and Grantor will d" or cause to be delvarad to Lander such Inikumenb and doownWation as may be requested by Lender from time to time to panyO such pmrtioipalton. Application of Not Proceeds. It all or any pad of the Property Is condamned byemlaoni domaln promadlegs or byr any proceeding or purohme In lieu or Lender may at Its alsdon mquse Met eA or airy portion of the met proceeds of the award be Applied to the Indebtedness or the repisk or madmalim of fha Property. The nat proceeds of the award shelf moan the award after payment of at reasonable cost, expense., and attarrw* ter incurred by Tnrpae or Lander In connection writh The eordamnatlon. IMPOSITION OP TAXES, FEES AND CKQ;t=13Y GOVERMWITAL AUTHORITIES. The hgawbp plow hicns ralatlnp to governmental taxes, loan and charges are a part of this Deed of Trust Current Trans, Pees and Charpee. Lipm request by Lantla. Grantor shelf macula such dootrnards in addtilan to this Dead of Trust and take whalmw dher acean is requeslad by Lander to period and cord as Landes Ban on the Real Property. Grantor shelf rehuburm Lender for all taxes, as drAWbsd below, together with st1 opermes Incurred In recording, pwbdbV or conlrauhm Serf Dead of Trust, Induft without b2atlon ore texas, fan, documentary stamps, and other *harps for raoordhng or repbWM Mb Dud of Trent. Taxes. The following shall aonntllute term to which fhb section apples: (t ) a spedee tau upon this type of Deed of That or upon al or any pert of the Indebtednas secured by hale Dead of Trug; (2) a apecino t: on Grantor which Grantor is authorized or mgrdrad to deduct tram payments on the Indebtedness nourod by Mh typo of Dead of Trust (3) a tax on this type of Dead of Trust chargeable spinal; tie tender or do holder of the Note• and (4) a spsdfie tax on all or any portion of the Indsbiednew or on paym rft of principal and Interest nude by Grantor. Tacos. If any tax to which this section applies Is anneal sr�grard to the data of nth Deed of Trent, MIS event shall ehmm Me same OW tie an Event of DefnAt, and Lender may matolas any or aI of IN available remedies for an Evert of Do" as provided below unless Grantor alder (1) page the tax before it becomes danmruat, or cardses itw fur as provided Above in the Tam and Liam magon end deposlls with Lender cash or a corporate surety bond or otter swurtly Laftlactary to Lander. SECURITY AGREEMENT; FINANCING STAMIEW B. The fallowing provisions raWling to this Dead of Trust as a security aWeertrnt are a pad of this Dead of Trust: aecudly Apreemeal. This Instrumari shag constitute a Security Agrocmert to the mdard any of Be Property const h s endures. and Lender" hew all of the " of a Teemed party alder ter U.ab., Commarral Cods n amended from time to lima. request by Lender, Grantor talts whatever acgon Is requested by Lender topsriao continue LandMti security Intsm In the Rants and Personal Property. In addition o or a ding this Wed of i.d In the Teat property records, Lender rtay, et arty gma and wAthout hrlher audrorlmpon from fAantor, rise exseutad oounlerpale **piss or reproduallone of Mis Deed of True! s a rp ndatement. Ci antcr shah relmbnme Lender for ati so�omae t+curred ks pedeclfnQ or ocngnutrp Mis searriy f llpal default, Gronlor shad not naneve, se.er or deteoh the Paraaxl Aropedy from tlus Prapwlyc Upon defardt, GLrertar alsl aseemDle arty Psreoeal �rrol albmd to tie Properb' le a manrxv and ah a plane nsasonsby oomsnlent m Grantor end Lander and necks ft to Lander vratan three (3) Gaya seer reastpt d wdlfan demand Mom Landes to lha alert pemllhed by applcable few. Addresses. The mat" addresses of Grantor (debtar) W Leader (secured party) ftm whldr Inforrnalm ownwrarp the vac^ Interest granted by this Wed of Trust nay be obtained (each as required by the Unlorm Commercial Code) are as stated on the W papa of this Deed of TrosL FLPT1,115A ASSURANCES; ATrORN8Va14-PACT. The kftMrg provfebns reWng to hFlher easurenota and attoney4m-fact are a pert o1 this DW of Trust Farther Assmmwea At any time, and from gms to time, upon request at Lander, Grantor will necks, eoaaule and dellvw, or will aauea to be made, cmxftd or dolvered, to Lander or to Lenders deftme. and when requested by Lender, cause to be tiled, recorded, rented, or rerecorded, a the one nary be, ed such tines and In such ofloss and phase as Lender may deem apprupftik any and aI such morlpspss, deeds of trust, sectafty dead; mu* apreMants, financing statement:, om umtion stAisnanb, tmbummb of further asurarros, miland oMar doaunente as may, In the sole opinion of Lander, be mosaary or deshable In order to aikotuats, complete, perfect, oaMinue, or (t) Grantors obgpallorn under the Note, Mb Dead of Trust, and tfe Rsfatad Doaumerds, and (Q1 the Rena and sec rgy I N ash created by this Owed of Tnm as orst and prior Item on the Property. vAhWW now owned or hereafter aoquked by Grantor. Unless pmhbtbd by law or Lender agrees to the oorWary in wrrillm, Grantor shelf rolmbwae Lender for all costs and apwmn Incurred In connection wgh the matters referred to in this paragraph. Attornsy-hr-Feel. If Grantor fah to do any or an udnps refereed to In the prsaading paragraph, Lander nay do so for and In the name of Grantor and at Grantor's expeme. For such purposes, Grantor krawomby appoints Leader as Grantors attorney -In -fact for the purpose of m Mrrp, exeouting. denvadng, filfnp, rep, and doing a other thinos as may be necomy or desirable, In Landers sois opinon, to accampbh the matters rafsnsd to In its preceding paragraph. FALL PERFORMANCE if Grantor pays al the Indebtedness when due, end olhwwhe performs an the obligations imposed upon Grantor under this Deed of Trust. Lender shag mmft and delver to Trustee a request for full isoonveyraros and Shag execute and dgm to Grantor suhable stetorraMs of yarminstan of any enanoing stataerrerd on fee evk*nft Lend" sawriy interest in the Ranh arW the personal Prompaerrty. Arty reconvsyance fee shag be paid by Grantor, If pomew by li e�redtalaicable bin tMw. rsr a�ivayencebw In aoisrry�mar A cisbieprreAuNs-proct of p�ieptrusdumno! angr suatr rnettersons legally entitled erswa hots. EVENTS OF DVALILT. Each of the lollowing, at lenders option, shag constitute an Eved of Delauh under this Dead at Thft payment Osfeult. Grantor falls bQ meka any paymant when due rmdar the Indebtedness. Other Defaults. Grantor tells to cm* vdlh or 10 peAorm any other tam, *Won. *owenend or nxxddon contained In this Dead of Trust or In any of tie Related Cocunsnla or to oampy with or to perform any farm, oblfgalion, covenant or condiflon contained In any other agreement bstwaen Lender and Grantor. 20060316001636.005 DEED OF TRUST (Continued) Page 6 Compliance DaGnWt. Failure to oornply with Any other berm, obligation, covenant or condition contained In this Deed of Trot, the Note or to mW of the Related Docummda Default an Other Payments. Fetus of Grantor within the time required by ills Deed cf Trwt to make any payment for tms or Inuxan e, or any otter payment nsonwy b pravant Akq d or to anted dWwp of any Ilan. Default bt Favor of Third Pagae. Should Grantor dataull under any Ian. W*m*on of aradit, security ggraerrhart, purol or sale agreement, or any otter agreement. In favor of any other onsdlta a person tat may mtlartely zo any d Grantor% property or Quanta's ability to repay the Indebbdruea or perform their rasped" obtiWoes under this Deed d Trot or any of -the Related DowrnerdL Falso Siatemasts. Any warranty, ropmentallm or daianent made or ka'Mefao to Lender by Grator or on Grantors behat under this Deed of Treat or the Related 0cousaeds is kiee or mWadno In any malerhd mpept, either now or Al the I= made or furrished or becomess tabs or misleading at any lme thwaaller. Detective CallaWaltration. This OW of Trust or any of the Refatsd Docuuneruts came to be In 10 force end eftscl (kWudfng !allure of any cdlatan d document to creels a vald and perfected securly Into +al or [on) at any time and for arty meson. Death or Insoivellty. The dtssdulon of Grantors (rogardew of whothat election to contlmle IB medo), any member withdraws tom the imbed WIRY company, or any other WOnalon of Granfan mdit= as a gdM business or the death of any ..*. or. the bhsawncy of Gts ryardto cr. appolnd for any a receiver any pan of Grantors property, any for go WWI of oredflars, lrrupby any pGrant ut, a cracker workothe aonarnnt unonaof any proeeedmg under any bana brootvealr Y hY or against Creditor or ForbNbue Profreedmps. Comencemart dWooloaurs or lorfslture pmondat ik whefhsr by ]aftproceeding, sattihslp. repossesalon or any other mdhed, byd arty creditor of Grantor mmautd or by any goveagency cep kw any pmperfy asourirp the In dreas, Tees Includes a garnishment d d (e any wdoes accounts, including deposit wcounts, w�h !.ender. However. this Evert of Default shall not apply 0 thus b a good kith dlrp* by Grantor as to the vagdty or neaanabtenm of to claim which Is the basis of the oraditor or forlellre proceeding and ft Grantor dues Lender written nsoltce of the ored1or or fortelturs proosodIng and deposits with Lender mortss or ■ vxaty bond for the red for or forfeiture proosedIng. In an amount determined by Lender, In tis ads, dsasllon, as belry an adequate reserve or bond for the dtapuls. Breach of Otor Agreem al. Any breach by Grantor under the Wm of any 61W agresmeri behwaan Grantor and Lender that to not rernecled wlthbt any Una period provided Iheraby !mending wUheul lmseOW any agreamard concerning Any Indebtedness or aVw obligatlon of Granter to Lender, whether @Awkq rrow or later. t YWO Affeotng GttaruI Ifor. Any of the preceding events rwo t with reaped to any Gu wwdw of any of the Indebtedness or any Guarantor dies or broom a Incompetent. or revokes or dtepuka the validity of, or lability under, GuarantyanyGuarantyd the IrMWlociness. In its evert of a dearth, Lander. at Its option, may, but shall not be required It% permit the Guarantor's eftle to mums uwDncllohtdly the Obligations a" under the guaranty In a manna adsawto y to Lender, and, In doing so, ours any gland of Default Adverse Change. A matMd adverse change ocoura In Grarrtor's financial cvaditon. or Lender balteves the prosped of payment or porlorrnanoo of the Indabtednees Is Impaired. Poght to Cure. t any dedault, other than a defend in payrreni is atcable end 0 Grantor has not been ghran a notice of a breach of the lama provision d pis Deed of Trull within the pmmdfng twelve (12) mamba, It may be maid if Lararnor. altar receiving written notice from Lender drnhanding Dun of such ddaulb (1) oures the da4uA within din (10) dam or (2) If tie cue requha mms than Ion (10) days, brhnredldsly bdtlabss steps which Lender deems in Lender's rots dLscreaon to be suflwlonht to cure the default and ttwssilar contmres and corr;fttas ell reasonable and necessay slaps wMclent to produce oompliance as soon as reasonably practical. RKM AND RP.WEDIES ON DEFAULT. 0 an Event of Delaull coatis under tit Deed of True% at any time thereafter, Truom or Lender may stardw any one or more of the following rights and remedies: MOON or Remediae. Beaton by Lender to pursue ant' remedy shall not sxlude puwti of sty other remetty, and an dedlon to male sMend2ures or to fate notion to perform An ob1glMn of Grantor under this Dead of T=% after Grardoft Idure to perform, shall not~ Landai right to declare a default and s tardw 8s ransdfa. AticsWete Indebbedneae. lender shall have the 09M at its option to declare the onths, Indebtedness Inmedfately due and payable, inducing any propsymn! penalty which Grantor would be required m pay. Foreclosure. Nth uaspsot to al or any put of to Red Property, 0a Trwtes shall have der right to enrom Ile power of sale and to fomba by notice and ads. and Lander stag have the right to !cedes by ludlahl famolosure. In tither cam In scoefdupe w11h and to the full ardent provided by applicable low. UCC Remedies. With respect to all or ary pat of the Personal Property, Lender ehaa have ore the tights and remedies of a secured pay under the Uniform Commercial Cods. Called Rants. Lender ekes have an right, wahout notice to Grantor to tab poamadon of and menage the Property and collsot Its Rants, Including amounts pad due and unpaW, and apply the rot proceeds, own and W wo Lenders ooats, egaind Ihe Indebtedness. In furtherance of this right, Lender may require any !anent or otter suer of the Property desigraW Lender as Gardoes stlornsy-hHaa1 antics bWmnherds received Ito Lender. It to Renle are collected li payrroW thered them than Grantor mire d Grantor and to negoaab the sans, and odtsd the pmoesde. Paymonts by tenanih or other users to Lender In responaa to Larder's darn W shalt edhly the obllgalons for which to payments are made, whether or not any proper grounds for the demand srtabd. Lander may mania Ifs rights under thle aubpsragraph either in person, by agsrd, or through a recehar. Appoint Reoatver. Lender shall have the right to 1mve a moalvor appdntad to take poamdon of all or Any W of the Property, with the power to protect and preserve the Property, to operate the Property phaoading or pending foreclosure or sale, and to ooW the Pens from the Property and apply the Proceeds, over and above the coat of the racehor WA agabut the Indebtedness. The rOMW may sow without bond a permitted by low. Landar's right to the appolnbnard of a ro shW stab srdet whethererr rot the.apparerd;vabre.of the wroods the•Indabiedness by a substandel amount Employment by Lander ehdl not dtsgtneefy a psoorr (roes serving orb a rapel?rer. Too" Id Sufferance. 11 Grantor remake in poanslon of the Property alter tha Property Is scld as provided above at Lender OthonNee becomes MUM to possession of the Property upon delsuit of Gionlo . {ranter shall become it lanard at sutarance of Lander or the purchaser aser d to Properly and shall, at Londses opturh, cahor (1) pay a reasonable renal for the use at the Properly, or (2) vaah the Property Immediately upon the demand of Lender. Other Remadtes. Tmowe or Leruder dal have cry other tight at remedy provided In Ihb Dead of Trust or the Note or by law. Notice of Sate, Lends shdi gh s &Rntor Mason" notice of the Ina and place d ary public sale of the Pw=nd 20060316001636.006 DEED OF TRUST (Continued) Page 6 Property Rxmarnblm nodes ssholthe Me aneon nalloe f hl Oven at Most�ian (i0) daylrfts bbeefore Um disposifion Wf thermic oar dMp ftL op" Is � sable of the Personal Property may be made in m4uncHon with any ash of the Real Property. Sale of the Property. To the decent pwmlesd by applicable law, Granter hereby walves any and al rights to have the Property marshalled. In eroadobing Its righb and mrnedhs, the Trusiaa or Under ohati be free to evil at or any part of the Ptgmrty togathsr or wperatety. In one aah or by separate sales. Lander shell be eMJlled to bid at any public sale on of or any portion of flea property. ANormys' Fame; Expense& U Lander Instflules any sad or solion to enforce any of the lens of this Deed of Trust, Lander 00 be endued to recover such sum as the court may acUudge reasonable as alfameys' toss ale Mal and upon any appeal. Wh MW or not arty court action is Involved. and to the eedrit not prohmMed by law, as reasonabte axpensaa Lander Incurs that in Landon opinion are necessary it any the for the probeoitan of Its Interval or the adoroanwnt of its rights shall bsocmm a port of Ins IndabtWness payable on dommnd end sheti boar Interest at the Nols rate from the date of to ampondhas uM mpald. Boor as covered by Uric include, without Anrifation, however subject to any nnsts under apPlbabis Low, Lord" atfornays' less and Lendexpemw, whether or not there Is a lawsA kncludlrig aUansya' lees and Vqw4m for bankrupby pm=K& pe (brcludng etlartt to modfly or vacate any automatic shy or lnpmcllon), appeals. and any onxtpamd posyudgmwt collection swAoas, to coat of searching mow* oblainhg etk reports (Including foreclosure reperlsh urvsyors' reports, and appralyd time, Mb Insurance, and fees for fhs Tnshs, to the medrlt perwitiod by appRaM law. Grantor also wil pay any court costa. In adddion to as other sums provided by law. Rio" of Trustee. Tnralse shall lave all of the rights and duties of Lander as set to In this section. POWERS AND DOUGATIONB OF TRUSTEE. The Following pmW*ns rslating to IN powers and abspations of Tnslae (pursuant to Londs6 Frn4uouom) an pert of flea Deed of Trust Powers of Trustee. In odoidon to all powers of'huudom adeing as a natter of law. Trustee shed have to power to his the folowig actions with rasped to to Prop" upon tha written request of Lander and &aMm (a) Join in and Ming a map or plat of the Resi Properly, Inatuding tie dodbation of Chests at otar rtghtt to the public; (b) do In granting any easement or creetirq any restriction on the Real Property; and (a) Join to any subordlnauon or other ag aKwd affecting this Deed of Trust or the Interest of Lander under this Deed of Tma Db[Lgallorhs to Notty. Trustee shed not be obbited to no" any other parry of a pending sale under any other trust dead or tin, or of any action or proaaedkq In which Grantor, Larder, or Trustee shad be a party, unless required by app%mble law, or unless the ruction or prooeedap Is brought by TruaM& Trustee. Truste anal meal all qualflafioru required for Trustee under applicable Jaw. In adMon to the rlghta and remodlea sot forth above, wtih reaped to all or any part of to Properly. fire Trusiw shall have Me right to in -1,aa by notice and sale, and Lander shag have the right to larsolose by Judicial loroolaure, In NUsr ease to accordance with and to the hull mount provided by applicable kw. Successor Trwtse. Lander, at Landow option, may from time to Ikea appoiot a successor Trustee to any Trustee m. era, m recorder of IU County. >�u of washlrpten. The Ir*uud � ocrUm sin addillon to ar recorded o n Una required by state taw, the namas of the original Lander. Truaho, and Gmn*. the book and pipe or the Ah Moft Fie Numbar where ads Deed of Trust Is mended. and the name and address of the successor huelee, and the Instrument shad be eaauted and acknowledged by Lander or Its sucommors In inlrad The tuocsssor bwtee, without oonveyance of the Property, shall succeed to all the ft power, and dudes cordoned upon the Tnatme in trig Dead of Trust and by applicable law. This procedoe for rhs9aueon or Trustoo shell govern to the mhaduslon of ati other provitlom for substitution. NOTICEL SubJW to applicable law, and swept to naeoe required or allowed by low to be given In onoll r manner. any noun rsquared to be gtwn under *6 Dad of TruK Including widhouL tndladmr any notice of daMitit acid any notice of sale clad be given in w illrp, and shad be eiteathre when acWsily delivered, when actually received by Mlolumimde (unless otherwise requbw by law), when deposited with a nratfomly rsoognind ovrr4hi court r. or, Lf walled, when deposited In the United Stllso met. as fist dear, oerittied or reghMred mail poshge prepaid, directed to the addresses shown now the on wNM has priority am Us Deed off Trust anal be sours landau's adrrms. drown foreclosure of this DoW of TrusL A3 copies of notion of t begUedrg of tit Deed of TrusL Any party may change is address for nnotkws under tits Dead of That by glNng formal written notice to the otter parties, spedfong that the p :o of tha nodes Is to OmVe the parW+s address. For mntlw purposes. Granter agrees to sump Lander at all limes of Grantry cunsrd address. Subjoal to appllable law, and except for notice required r dkmod by Iew to be gtvm In armOm manner, If there is morm than are Grantor, any notice gluon by Lander to any Grantor Is deemed to be nola given to d Grantors. MISCELLANEOUS PROVISIONS. The loim" rnlsoolanscos pmMona are a part of tots Deed of Trust: XmWmmrenu. This Deed of Trust, kuoltw with any Related Domanenls, oonsLdtdes the onft undrmendhg and agrowneirt of sus parries as to era matters eN fmlh In flit Dead of TrusL No alteration of or amendment to tots Dead of Trust shad be effective unless o v n in wmkg and signed by the party or parties sought to be charged or bound by the alteration or anandmrd. AmW Reports. If tam Property is used for purposes other than GranhA reoldence. Grantor shall furnish to Lander. upon request, a card9ad statement of nel opending khomme: moelved tom the Prop" during GmnWe promMus local year In such tarn and datati as Lander shall mqulre. 'Not operating Imams' alined moan an oeah reaoiph from ea PmWty less m cash eVoindlim memade In connection with the operaton of the Property. fs�rp� a dim thCaption head!ngI; e provisions of ft In this of �d Tiusr sro for oonwrterrco fxnrpoat any and we not to be used to iNerger. Tsars shell be no meryr of the irds, or haI I mated by No Deed of Trust weh any rather Interest or aside In the Properly at any limo hold by or for the bent of Lander In any capacity, wdhoul the wethn consent of Lender. Governing Lash. Tldq Deed of True VM be goym. by kdmat Iaw appRbable to Lender red, to the efdaril uwl TKIM DDOi son W of Tr federal Leas been cooeplad by Landsr to the Imme of Ithe SUM of eaiele of WmMkwkm% b as dxmtttcls of law prarrialem Choice of Vanua. if Uwe to a lawaut, Grantor agrees upon Lander's request to submit to the JuntadMyi of the courts of Pierce County. Slate of Waahinglon. No walver by Lender. Lender shall not be doomed to have waived any rights undo this Deed of Trust wh(au such waiver is giver+ In writing and signal by Lander. No delay or on holon on the pad of tender in mmowng any right shad operate as a wal er of such right or any other right. A waiver by Lander of a provision of this Deed of Thai :hers not Vqudlm or oonsutuh a weever of Landers rigll oitarwtse to demand oM compliance with Dist provlstrr or arty other provision of iHt Deed of Trust. No pdr walver by Lander, nor any Course of dedng batwom Lender and Grantor, shall 200605160016M.007 DEED OF TRUST (Continued) Page 7 condluts a wWm of any of Lender's dghts or of any of Grantors ob%lalofs a to any future WnaaaticnL Wherwver the consent of Lander Is ragdrred under this Deed d Trust, the granting of such om ment by tinder In any Blanco char not consULds connnuing canerd to submqued Instsnon where such oonsont Is nquAred and In at cases such consent may be granted or withheld in the sore d soreson of Levidsr_ Suverablilgr. If a cast of monpetant MIsMon Inds ally prodalon of this Deed d Trust to be begat smolt, or unenrorosabb sa to any obcumefanee, luf Inning shall not make the n>itsndng provision linger, W aK or unertomsable ea to arry other drarmstance. R fsesibfe, the dMnc fog pmAdm stet be oonshdered modified so that it becomes Iepnt, yard and enfmaeehb. If On cnerdfrp provision cannot be so modasd. R slur be tmnsldared deleted from thts teed of Trust. Unless otherwiea raqulmd by law, the I Wvddity, or unenformbErty of any prvvkton of this Dead of Trust s1W Trot allect the bgdty, vatfdty a my other provlNon of this Osed of Trust. Suecaveora asd A*Wpm Subject W any fimlhtions stated in uts Dead of Trfst on transter of Gramof'e Interest, fits Deed of Trust shall be bindnng upon and inure to the bsrrafit of the pu9n, thak success= and assigns. R ownership of the PrcDedy becomas vested In a person other than Grantor, t ender, vtiMcut noble to Grantor, may deal wilt Graotmrs sucdassors with refenence to this Deed Of Trust and the Indabtedrwss by way of forbearance or s4aoslon wltfwut rafesakg garter prom the ob%xtbm of this Deed of Tew or 11a ft under the Indebtednaea. Time is of the Esamce. Time is of the essence In the perhmma of 00 Deed of TmA Watver of Homeond Exemption. Grantor hereby releases and waives al rights and bendb of the homestead ermmpoon laws of the State of Washington n to al Indebtedness secured by its Deed of Tent. DEF1NiT10N8. The tollowing aapumad words and Wm shsl have the following meusngs when used In this Ossd of Trust. unless apedliesAy afsbd to the contrary, all red revow to dolor amou* star mean amounts In lawful money of the Unitad Staters of Arw m L Words and terms used In fhe singular SW Include the phrrel, and the phrat shell frclude fha singutsr. as the conlad may require. Words and tens not otherwise d0ned in 1H6 Dead 017rust SW have this meanings atirlbuted to such In.. In the Unlorrn Coffmw l Code, Npntldary. The wad "DertsloW means Fronrer Bank. and fib suooasars and assigns. Borrroarer. The word Bo rowW means ND PROPERTIE843EN60N,1LC and Includes al co-slgrmns and o*4nafrons dgdro Rua Note and as their sucosseas and assigns. Dead at Trust. The words Mood of Trust' moan fhie Dead of Test among Grantor, Lander. end Trustee, and Mdudss without fimration at assignment and security interest provisions MWM to the Per=W Properly and Rath. DAWL The wad vateur means the Default eat tarth In thts Dead of Test In the section lusd'Dafaul". Event of DsMM The w&* "Event of CWwAP unman any of the events of dahul set forth In this Dead of Trust In the everts of default nolon of fits Deed of TrU$L Grantor. The word'Graffice mean PM PROPERTIES-BENSON. LLr- Guareedor. The wad 'Guaanlnr' means any guaronlor, surety, or acoommodalon party of any or sit Of ON Gomm ly. The ward'Guaaanly' means gee quamnly, torn Guarantor to Lander, kWUdtng Without iwAs0on a guaranty of an or parr of the Nots. ImWva%parna. The word 'Imp w amerW means d aeftV and U" UMmovemaNsr buildings. structures, motile homes a1Nad on to Real Property, facillee, addllo s, roplmaernants and other oomt uallon on the Real Property. Indatrl d n The word "Indeblednese men s al pdndpal, Intares6 and otter amounts, oasis and mpenas pay" under Re Norm or Related Documents. fapaltm with aI renmwalb at oftr abnm d, modifications of, conealidaftne of suer subefiWroru fer the NOW a ReWed Dmwino and any amourrts OVNWW or advanced! by Lender to discharge Granior'a oblloalons or eopmsas Incurred by Trustee at Lender to enforce O ant es ob¢gallone Under the Dead of Trust logother wfih halm esm on such amounts as provided In this Dead of Tnat. Lander. The word 'Lander' nears Frontier Banc, ffs suooaswrs and asWam Note. The wdsd'NoW mean the promtssory note dated March to, ow, In the original principal amount of $2AGBAOOAD tram anintor to Lander, to— - with sI renewals at, mdvalons al, modit"ons of, refinancings of, consofidefion of, and subslbrloru for the promissory note or agreement. NOIRE TO GRANTOR. THE NO CONTAINS A VARIABLE INTEREST RATE. Po=mul Property. The worda'Pwoonal Properly' mean ell agdpmerd, Ibpures, andotherartlofteflpersonalpoperty now er haresRer owned by Granter, and crow or Ihsreafiar athmhed a Mllatd to Ilre Real Property; tagalther al aeeesslons, pant, and addtlons to, all replaeaments at, and all subsUWlona for, any of such propedr. and together wah all Issues and polls Rrrson and pronmds ern WI g wMuxg Instsfion at Insurance pooseds and refunds of prestumsj from any sale or other dispositlan of the Property. Property. The word 'Property' means oakchdy the Rani Ptmpmrty and the Pomona) Propady. Real Property. The hvords Greet Pnopuat►r mean tlrs real property, Irttsrasts and ffghb, se ftWW dsaerkW In Rtk Dead of Thwl. Related Dmn mrlta. The words'[ Abftd OecumanW mean all promissory nmlm wWU agreements, bm agreemef gwrsnpW eecu* agm—nle, modpap% deeds of bug, —w* deeds, ads" malpeges, and d other 4uWmsn% egnammfa and documents, whether now or hereafter mdslrg, erscutad In conrrafion with fhe Indebtedness; proOded, VW the snvhonmsntal Indemnity agreements are ad'Related Doc rneW and are tie securad by this Dead of Truss Rafts. The ward "Ftefde =ears sh prmsertt and future maLa, mamma, Inoomm, Issues, ropliles, proft and other benefits derf and tram the Property. Trustee. The ward 'TrusbW Wean- FIRW AMERIGW TITLE COMPANY, whose maft address la 2101 FOURTH AWNU14 S YE 8W, SFATrLE. WA 08121 and any sulmOtule or successor Iruataa. 20050316001538.008 DEED OF TRUST (Continued) Page 8 GRANTOR ACKNOVYLMGES HAVING READ ALL THE PROVISIONS OF THIS GM OF TRUST, AM GRANTOR AGREES TO ITS TERMS. GRANTOR: I LIMITED LIABILITY COMPANY ACKNOWLEDGMENT r,///f����Q STATE OF �""�'�N j )SS COUNTY OF ) On thb "- day 0f F OD vrY before mess, the undarzioned Notary Pubso, poreona appeared MIKE DA IS, P IES-IMSON, LLC, and pawn* kmw to mm or proved to mo on the bads of 0a9slactory eM ® grwled apeat d Ow Imltsd ldit company that mmuted the Deed a Tntat and acknowhdpe $t and vdwkary ad and deed of tfa embd Ilebilly company, by wAhorlty of slalria, 113 agreement. for Dta usaa and purposes thereim9n oath he autt�ftto Dead of This! and In fad executed Ore Deedha 11 9 8007 3�: fag at -3r "A Notary Public In and for the State of % �V commisskn espirm LIMITE9 LIABILITY COMPANY ACKNOWLEDGMENT wwo STATEOF /` ) )SS COUNTY OFday ) of �SON,r Notay PUM, wsonslly appeared JJOMATHAN KU MUNIM of KEM LC, sadaad pasowsy knorm to me or proved to ms on Us bads of as IJ$! a msmbw or designated agent of the lydlsd I&Nty company gal minuted the Deed of Tnat and Trust to be the has and wduntery act and dead at Iha amlled sab®ty company. by authority of eta or Its apamng soesment. for the uses and purposes Memo mwftmd. arrd on path to ottowte nda Deed of Trust and in tacl examled the Deed of min heN 1 arc By � Notary Public to and for the Stele of (� ! A 2007 ,�: commlaslon expires 20080316M1636.009 DEED OF TRUST (Conlinued) Page 9 i7?lT�TMIAV 1!!iiIaitl ( 1� COLMTYOF On H* ` dayy d 611INUA w A0 before me. the undas�ned NoWy , pemwa ly ar F - OOMAL D , er o FRT llq 1$ , LLA and pawnaly known t0 me or b or proved to me on Me bsata of uWaotary eWtdanoa or daipratagent of the Imbd kbMy awpd a aot And dod of fitfted Irn&M t�p any Wh by eody Ih WkMa, ite operating epresabe Ulm bw and � for the uw and pupoeea flarNn msn2wv4 and do oath stated eraoufo M Dead of Trust and In W execute tb D 1 Trust on ` �� BY ;` GCT an Rotary Public In and far the State of _ r :dt 2007 • ��' ° Q6 REQUEST FOR FULL RECO14VEYANCE TOR _ Tnrstea The ondersipred Is the Isgal owner and holder of al Indebtadrraa secured by 1Tts Deed of Trust You we lwreby requested. Won Mnmd of al sums Owing to You, to moomray without warranty, to the pow, wMed fMralo, the rtgK He and InWast now held by you under the Oesd of Tna Ddm Be�enderyr f� . rfc .{ ae" Branch :STK,User :8860 Comment; Station 1d :BXRP 200704280007J3.001 A RETURN ADDRESS: Rondw Bank 8-1 001 Aldo Po en iaso 8Wnewr. WA ssse0 2 ®®0 MODIFICATION OF DEED OF TRUSTA�{VJ� Jj }— Reference # (if applicable): SUMN-xx00B2 - NO. 200503150016H o)r'pa$&H Grantor(s). 1. DAVIS, MICHAEL E. 2. KO PROPERTIES-BENSON, LLC Grentee(s) 1. Frontier Bank Legal Description: PTN. LT. 0, SLK. 2, AKERS FARMS #5, VOL. 40, PG. 27 Additional on page 2 Assessor's Tax Parcel ID#-. 00870D-0115.07 (PARCEL A) AND 282306-8010.04 (PARCEL B) THIS MODIFICATION OF DEED OF TRUST dated April 18, 2007, Is made and exeeuted between MICHAEL E. DAVIS, A MARRIED MAN, AS HIS SEPARATE ESTATE, AS TO PARCEL A, and KD PROPERTIES-RENSON, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO PARCEL B, whose address b 1201 MONSTER ROAD SW, SUITE 320, RENTON. WA 88065 {"Grantor') and Prontler Bank, whose address Is Sumnar, 001 Alder, PO Box 1650, Sumner, WA 88380 ("Lender'). KING,WA Page 1 of 4 Printed on 6/22/22007 1:15:53 PM Document: TDD MOD 2007.0426000733 Branch :STK,User :8860 Comment. Station Id :B)M 2MM2I3IM733= MODIFICATION OF DEED OF TRUST (Continued) Poo 2 DEED OF TRUST. Lender and Grantor have entered Into a Dad of Trust dated Mach 10. 2000 MW "Dead of Timm') wNoh hot; been neorded In LONG Ceurry. Stow of Washington, a folows: 11E1DOACCO ON MARCH 15. 2006 IN KING COUNTY. STATE OF WASHMGTON. UNDER AUDITOR'S FILE ND. 20060316001M REAL PROPERTY MCRIATION. The Dead of Trust oownt the faiowlrt6 deaarmed real property kfoared In KING County, Stan of Wa"aton: PARCEL An THE WEST HALF OF LOT 0. BLOCK 2, AXEAS M MO W. 6. ACOORDINS TO THE PLAT THEREOF RECORDED IN VOLUME 40 OF PLATS, PAGEM 27. RECORDS OF KING COUNTY. WASHINGTON. PARCEL Sr THE EAST HALF OF THE NORTH HALF OF THE MGM HALF OF THE NORTHWEST OUANTER OF THE M)THW93T QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 6 EAST, W.M., IN KING COUNTY. WASHINSTON. VICE" THAT PORTION CONDEMNED W KING COUNTY SUPMOOR COURT CAUSE NO.10240 FOR SR 011L The Real Progeny or lb address to oommo* known as 1661E 104th AVENUE OF RENTON, WA 0006E [PARCEL Al AND 166xx 104fr AVENUE 82 d SOUTH 92nd PLACE (PARCEL 0). RENTON, WA 96066. The Rasl Property rex Identif irdon number Is 006700-0115-07 (PARCEL A) AND 202806901Q•04 (PARCEL SI. MODIFIC.ATtON. Lander and Granw hereby modify the Dead of Trutt at foibere: TM MODIFICATION REPRESENTS AN INCREASE BY 41.096.000.00 FOR A NEW TOTAL OF 63AW.000.00 AND THE ADDITION OF FARM A. CONTMUINO VALIDITY. Except as expressly modified above. the tarme of the w%UW Dated of Tnatt shell rerah urn MV&d ud In fd1 iora and effect. Consent by, Lander to t* Modlllcadon toes not wato Lender's rlpht to require etdot porfermanos of the Dead of Tnart at ehsnood above nor obligate Lowder to rake any Aram modrlosttons. Nog*V In tMs Modlfladon WW constitute a sot4leadon of ffr prornbatxy note or attar cram) s6nomant secured by Vis Dad of Tnat (ttu 'Foes'). R it the Intention of Ladw to rKNn to Fable 96 psrtta to the Dead of Trust and di per0a, nskm and orndonere to the Note, including sccorenodadon putts, tnlua a party to aspresely released by Larch In wrhtno. Any raster or andoreu. Inch ,mnng saaanaatdaton redrere, dndt not be rebated by elrfue of olds ModRaattar. If dry pawn who signed the odgbW Dead of Trust clan not sign ttro Modtfosttoe, then all persons signing below scbvv edge that *h Momlioefon Is gtvm conditionally, based on fat represerrtsfcn to Lender Viet that nw"bnlnp parson anrondt to the ohenges and pravieloa of We ModRlaafon or othawtse Wlf not be reosted by R. Ttds walver applies not only to any InNW eatsneon or nectERoadon, but ohm to a6 such abampmad oo I . GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF D® OF TRUST AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF OECD OF TRUST 13 DATED ARM IL 20O7. GRANTORt x u y LC LLD KING,WA Page 2 of 4 Printed on 6/22/2007 1:15:54 PM Document: TDD MOD 2007.0426000733 Branch :STK,User :8860 Comment: Station Id :BXRP MODIFICATION OF DEED OF TRUST (Continued) Papa 3 INDIVIDUAL ACKNOWLEDGII COUNTY of � a OP wA On "day bsfo. Fee, the JMW40 Notary Ptmia, ptraprtaiy appeared fdICllAFI, E t���� known to me or proved to m. on due bash of satisfactory avfd— ota kid to be W"l desubod in and who eaacrned the Mool"don of Deed *TA" end eoknowhdpd that he Of she WPOd tht Madlf 0tian r Ml OF hat free sad vokmtery a"6Nd dptharekr nw n dyM _ ` 91*3al tha 6y�7:% . Rakft at and tot tlta tTtas of _LIU. my omnmfatien expir" STAVE OF WA On W@ �, day of 1 m b.iten�?�ii,`8w� urrdwetpnsd Notary appaand r a CD'FRDP 11C. and peNotvey known m meat pMvtd tog" an dw bowl al, addaatory avWwm to bs o mwobw a dplpnepd opeM of the Emltd 6apiary oo seen{ drat tha ModMoarfon of Deb of Trwt and saWwwhdpd the Modfffosdon to be iir from and vohmtary sat and of IYWted YWWty osmperty, by oudndty Of statum, its ortletan of erpwiutlen or itt oparatkp for upt end purposes dMfaM mantitmed, and an oath stMd dut ho or aha is ouWatbad M easarrn iNa Won M tact aasautd the MAodllkdon an bshaH of the irrdmd Yblhy9—romp i► llawdbti M Notary Pubic t a ime of My esrtmt esax expire ! ]••'f'� r`�� JOt'ttlr � LIMITED UABILITY COMPANY ACKN O�itt 744 STATE of r 1 1 i IRSdam COUNTY OF . tlrt � ASYt>�`� on thh day of RO "9doie nr, tlra urdertlymd Notary pa appeared .ION , Member MON, LLC, and "Family kntrwm to rot or,moved to me on the bsals of sathfaptory widenae m ZN a member or doabnamd agent of du I n*W AtWW ammmd the Modffiostfoo of Opd of TAW and aaknow edged sera Modapoadon m be Sr tar and voWMay� of the Iknited Yablity mnpmw, by araharlty at M"o, Its ardcfn of oRardt:atlDn or Its opar aprpmt for the uses and Purpossa tlwnkr ~ lowed, and on oath statod that ho or she Is authorked to as Wt Mod and In fast smuthd the Mo iftation on behalf of dw Endrsd lWffry camoenv. ROakffiv a, s the Stab of jpjfl my oanart6slart KING,WA Page 3 of 4 Printed on 6/=007 1:15:55 PM Document: TDD MOD 2007.0426000733 . r1b Branch .STK,User :8860 Comment: Station 1d :BW MODIFICATION OF DEED OF TRUST (ConNnuod) 2DO704260p M.004 Pape 4 r` LIMITED —LIABILITY COMPANY ACKNOWLEDGMENT STATE OF W R it 1 +` - )as COUNTY OF`�7t 1 On tHs r day of �1�'C , 20 , before ma. the u deraVied Notary Public, pe appeared OpHA1D ember XO PR LLC, and personapy knrcwn to me or proved to me on the haste of sadatscmry evidence to be a comber or designated agent of the anted Ilahmty aompow that exeonted the Medlticaden of Deed of Test and acknowledged ds NbdMoetbn to be rite free and voeartary act end dead of the knttd ilaelmy eomPory, by authwhy ai etatun, its arttetn of wgw*odon or ha opsredrgl agnanwnt, for the uses antl purpoan dureln mentioned. and on oath stated that he or she Is svdrerbad to mma thh V&dfffaatkn and kt fact eueutad ft hfodXadan on behal! of the imNad gabl Y.. Noun RrbPo is end for w am of —"" f NOTARY [' UBLIVY VATS OF _ COUNTY oil On rite � 3 dry of fhDL Notary ar perwrOW appeared own of proved to me on the basis o ee to bi oing In fr�u and voluntary e" Landerd and deed of this swhhIn and Mdd L*Mw, dduuV mutt odurwM, to tM uses and purposes tMnh mentioned, and on seidhis nt en the el affbtad !a tits corporate sea[ of Namry Public In and far�te E of, 1 Oraot�r _,CAVI-A-�- . authotWd era anc aoatwwQPao aaa euwnein m be the by ds Lender, titrorgtt he hoard of dnelore or elated thu he or dw Is suthorkod to exaeun Oft My1w e.l�•.r.r M. aleewlwwy. •rl r KING,WA Page 4 of 4 Printed on 6f1212007 1:15:56 PM Document: TDD MOD 2007.0426000733 Branch :STK,User :8860 Comment: Station Id :B)W r s• 20070614001588.001 Recording Requested By And When Recorded Mail To: Becky Petersen ® 200 06ar 01588 king County Transfer of Development Rights Program Water and Land Resources Division 201 So. Jackson SL, Suite 600 MS: KSC-NR-0600 _ Seattle, WA 98104 Transfer of Development Rights Certificate Number. E2291180 124 1 Urban Development Right sit:�orrti 0°i Date Issued: Mav 23, 2007 Certificate Issued To: Name: Nellie Property. LLC Address: 'I &Q1 Monster Road SW Sulte 320 City & Zip. Renton. WA g8068 This development right(s) Ware transferred from the following certified sending site, pursuant io K.C.C.21A.37: Sending eke file number. A89M W Grardor. t(j0,g Qntv. a political subdhdon of the State of Washington Parcel Number 052205-9225 This certifi6s that Nellie Proaerty. LLC owns one (11 urban develoument right removed from the sending site identified above, which has been qualified as a transfer of development tights sending site pursuant to K.C.C. 21A.37. Receiving site: Nellie Piat-Tax Parcel # 0087000116 THE WEST HALF OF LOT 6,13LOCK 2,AKERS FARMS NO.5,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 40 OF PLATS,PAGE (S) 27, RECORDS OF KING COUNTYMASHINGTON The of dal record of these development rights Is maintained by King County. ff there Is any discrepancy between the number of rights identified on this certificate and the official record, the official record shall control. If any of the development rights identified on this certificate are sold, conveyed or transferred, the person acquiring the rights shall within ten (10) business days deliver to the King County Transfer of Development Rights Program this original certificate. A new certificate in the buyer's name shall than be Issued. The development rights may be used only on a recelving eft(s) that hasfhave been given final approval for additional residential density achieved through the transfer of development rights In accordance with King County Zoning Code (K.C.C. 21A.37). Cuff= Wwnber JU Page t ot4 Dam Tseed 5MM KING,WA Page 1 of 4 Printed on 61=007 1:16:00 PM Document: CER2007.0614001588 Branch :STK,User :8860 Comment: Station Id :BXRP F A, 200708140015at3.002 Approved by Representative of the Klnp County Transfer of Development Rights Program Interagency Wow Committee E STATE OF WASHINGTON ) )SS. COUNTY OF IQNG ) I certify that I know or have satisfactory evidence that Becky Petersen Is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she Is authorized to execute the Instrument and acknowledged It as the Program Manager, Transferable Development Rights Program of Icing County to be the tree and voluntary act of such party for. the uses and purposes mentioned in the Instrument. .I Dated: Nollary PultRic in and fordbe State of Washington Residing at ��ra tj My appointment expires Waeio To Redeem Development Rights: In applying for receiving site approval, the applicant shall provide the [department of Development and Environmental Services with either a copy of this certificate issued in the name of the applicant or a copy of this certificate wfth a signed option to purchase these development rigtga). For reoeiving sites within Incorporated municipal jurisdiction, the applicant shall provide the above documenbAlon to the municipal jurisdiction and shall follow that jurisdiction's development application review process. Before building permit Issuance or before final plat or short plat recording, the applicant shall deliver the appropriate TDR certificates Issued In the applicants name to the Transfer of Development Rights Program. The applicant shall receive an extinguishment document showing that the development rights have been applied to an approved receiving site. The TDR Program shall confirm for DDES or the municipal jurisdiction that the requirements of KC.C. 21A.37 have been mat. Cadtsc mxumbcr IM Pala 2 Qf 4 tm a rm-a KING,WA Page 2 of 4 Printed on 6/22/2007 1:16:00 PM Document: CER 2007.0614001588 Branch :STK,User :8860 W C. Comment: SALE, CONVEYANCE, TRANSFER, AND REDEMPTION OF DEVELOPMENT RIGHTS 2007osteaotsea.003 It any of the development rights Idendfled on this certificate are sold, conveyed, . transferred and/or redeemed for use, the person acquiring and/or redeeming the rights sW within ten (10) business days deliver to the King County Transfer of Development Rights Program this original certficate with this section properly completed. Upon receipt, certificate(s) w1A be re -Issued to reflect the new number of rights available, K there are any, to the owner or to the person acquiring the rights after the sale, transfer, conveyance and/or redemption reported herein. A. Fill out this section for a sale. conveyance or transfer of development rights. 1. GRANTEE (Buyer) NAME ADDRESS CITY/ STATE ZIP CODE 2. GRANTOR (Selier) NAME ADDRESS CITY STATE! Z!P 3. NUMBER OF DEVELOPMENT RIGHTS SOLD, TRANSFERRED OR CONVEYED PURCHASE PRICE 4. RECEIVING SITE STREET ADDRESS S. RECEIVING SITE ZONING 8. ODES RECEIVING SITE PRE-APPLICATIONIPERMIT FILE 0 7. DEVELOPMENT RIGHT SELLER APPROVAL Signature of Seller Date B. DEVELOPMENT RIGHT BUYER APPROVAL Signature of Buyer Date 9. ATTACH WRITTEN EVIDENCE OF TRANSACTION (e.g. Contract of Sale, BPI of Sale) c rdfimteNumbeu 12A DAW Umlad SF23W KING,WA Document: CER 2007.0614001588 Page 3 of 4 Pap 3 of4 Stetson Id :BXRP Printed on 6/22/2007 1:16:01 PM — - --- �. ern LUu 1.U614001588 - -- stinted on 6)22/2007 1:16:02 PM Branch :S'I'K,User :8860 1 I Comment: 2D070614001688.004 i Fill out this section far a redemption of development rights for use at a receiving i site. i 1. OWNER (Person Redeeming Rights) NAME i ADDRESS CITY STATE/ ZIP 2. RECEIVING SITE FOR WHICH DEVELOPMENT RIGHTS ARE REDEEMED: TAX PARCEL NUMBER(S) S. KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES RECIEVING SITE DEVELOPMENT APPLICATION FILE NUMBER 4. KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES RECEIVING SITE DEVELOPMENT APPLICATION APPROVAL DATE $. NUMBER OF RIGHTS REDEEMED S. DEVELOPMENT RIGHT REDEEMER APPROVAL Signature of Redeemer Date CaMMU Number V& Page 4 or4 Date Limed . Station Id :BXRP KING,WA Page 4 of 4 Printed on 6/22/2007 1:16:02 PM Document: CER 2007.0614001588 Em- , Y•llq:lues tnrto Ins*3C1r) (f fol costs to iL.o Li clesch) Chas .0hichardava Julla '-ichardson kow llzy 3 44by CharlaZ C -liehardsonK nd "ulia «-ayli-hi.rdson ofbf OeFnFle:.agan np'WaresetL Urkland(N'.fiov 26 45) ml je ;.42obv SM bray 5 14 3385244 --- A.pr 20 44 2 Z G Pearle B Boutan jadlyandes exrx •vf theestof ­IlliamA Marks, deed to L uoinda A i7ise a wi4^w fp owner andholder of mtge hiaf ref to, 6ueshbyLckd that ad mtge has been fully satisfied anddi - `►arged; Sd mtge dtd J-pr 11 16 axe by L, to Victor ::ouLan and Pearle E Bouten, hwf, the reel partiesin int under a prior dO thrtof ore exe by Pearle k )3outen but not thenof record, thend . p be .g themother ofsd Perle u Botan, andsd .mtge hvg t :engvn to sec payt of fs000 ar ' int andrec aay 19 16 In ofe cosudkcw under file no 1060775 The mtge hin referred to was gvn and begW thed by dilliam ' A Parka in his last Will :.nd Tea tameat,dulyadraittedtopxobatb ineauce 4o 52200, Sups �;o[.rr .. aw , over to Pearle 4 Beten,theed m .ge being referred toinsd last will aadtesta:uentas "the real eat [nt,;e in the sumof .61000. tgw anyint due thon,same belagupon the flg d espty: lots 21, 22,and 23,blk 4, Kaufman's Add toGreen Lake Circle 9tcn, andsd;.:tgebeinr ref to in someoi' t;.epapers in sdprobete cause&%o 52200 a :atgeofViotor aal..Boutan,isL ux",sd .at:jes •r-eingoneendtheseme, t;o other :utge ever hvg Lnengivenor outstanding tnoni:,_,avc,r of sd--illiam A ;Aerks andm/or Lea b: Yarks hwr '."he CountyAud for kcw is nbyaurhd and directed -to eat--r full sat thof ofrecord Pearlq Z 3outan Indlyandes exrz of theestc f 'd1li1a'aA -arks d eod 4ew pr 20 44 by Pearle :: Boutan ----bf ,'•ie. bet 0 Landon npiares at .9(N§,4ot 6 ")ml fp906 North 78th -t++ D :,say .5 44 3385245 k ;�ch 2 44 #10 andovc 420.35 lFs 'and Y18.50 st 2 L 7 ._Northweatern Improvement Uompany.n2alawrax Delaware cr;) toHarveyC Aker andClaire Aker taus L.ndwfof Kent kcw fpg b s and cys untosp be the flg_ rracts landsitinkew: 'The NS4, SB4 of NW4 and NE,-, of Sd ofsec 29, into L3 N'R 5 ewm;excepting thfrom,nowever, the a-ac-,-e troot atthe w cor of sd STu{ of Wk. cyd to the Coami_Ls.,n•.rsor_ate•r District Pico 58 by dd dtd Nov 28 39,andsua to thelO-. aot right ofway cyd to The . acific Te.'.ephone E. TalegraphC"- pany by esmtad dLd an 13 22 c,rcto tho 35C-foci right of way for the Bonneville : ower cyd tctheuU of A by esmt deeds dtd '4ay 23 41 and -Jul 24 43 i•.e lands hby cyd conLFA-:,e:.ctu:.iv;; of sd rignts of way 210.34 rsraa, ml,onthebasis of t11.1JSGovt SU.VVC;,, ad are also s..0 tothe 14- -oot right of eyfor an access rOL11 cyd totnei;S of i% by esmt -dd dtd :tiov 10 41, taidto an esmt inUiecui.11c for uny puLlie roads hrtorore laid out or estbd,and not, and acroa:, any pert of tau nren;s _t is urderstocd that ci.elandsincheu . of andN';k of aria or ud uec 29 lie wicrin thecoundarles c. .istrict ..o 3 58 kow, anti are sut, to unyt'uture atzsrats by , ne sd ,.etrr I;ist I.1 L:ate'elal oon for thaw cyeaca,hit:,o[[t whicht8 it would no[. ba inrd:., !stheagntmf b,tne�ran[.�C;,Per themselves and for tnetr s,ei:-o andusne, ttfat thegrantcr 'hal.Le in no manr,::r re_por•:;iDle or 11mLle to th3 grantees , or an.'a ;seauenr owner or rurohx, r)r anyotriar od sc.n, for I 9 x a, �5--2aaxi[�aags ea.:thomused by thy removal of coal, earthor rock undca• Lhe su:vaoe of tht,;,d ,:ems,or immediatelyedjacent thrto,or for any o9mage whats aver resultin; thfiom,including fire GLnu explosion, �IZd tl:e grties dohbyuaaume allliabili.l and waive all clalms for aamages arising fromsuch ooerationsandwillsave acid hold harmis - the gran . r from any claimtafor cub always to si'�the reservatir,..e rand cond�ti.un3 h.._abv set fcrtn ovs of warty et as agst liens,e argesnd incurbrarabs, and taxes d..at-- Dist asants bogy. :in due sndhaole in and essmts ,iuoludings theyear 1945,endfl•g yaar3 in -nit Nh grrntor :,as cad tnisinsttobesgd An: sld t y itso='crs tort -ae r-ijrn Imp rovement-ompeny byj' m riugh-�s vicepresi.dent A,.test "U;A 'P •L and Asst seer -R&mseytio Minn -pr 2 44 by d al:ugbes nam vicen~esof sd srp tc"ibf 319 A Bertelsen np- sd no and state( ) cc�jex ,,cr. sm 20 47 ) misp n l.kanr .w Branch :STK,User :8860 Comment: Station Id :BXRP 20070603001746.001 1- Filed for Record at the request of: SODS CREEK WATER AND SEWER DISTRICT 14616 SE 192nd St. P 0 Box 58039 Renton, Washington 98058-1039 Document Title(s): WATER SPECIAL CONNECTION CHARGE #104 Reference Number(s) of Documents assigned or released: N/A Additional reference numbers on page _ of document(s) Grantor(s): SOOS CREEK WATER AND SEWER DISTRICT Additional names on page,_,_ of document. Grantee(s): SOOS CREEK WATER AND SEWER DISTRICT Additional names on page _ of document. Legal Description: Block 2, Piat of Akers Farms No. 5 Additional legal is on page 2-3 of document. Assessor's Property Tax Parcel/Account Number(s): 008700 0095, 008700 0096, 008700 0106, 008700 0112, 008700 0111, 008700 0116, 008700 0120, 008700 0121, 008700 0125, 008700 0132, 008700 0132, 008700 0130, 008700 0134, 009700 0143, 008700 0147, 292305 9010 Amended Water Special Connection Charges KING,WA Page 1 of 3 Printed on 6/22/2007 1:15:57 PM Document: RSL 2007.0503001745 Branch :STK,User :8860 Comment: 20070503001745.002 h - ' Exhibit ON, SODS CREEK WATER & SEWER DISTRICT Amended Water Special Connection Charge No.104 January 2007 Contract 8-95W Base Map B-2 & C-2 This document amends Water Spacial Connection Charge No. 104 as adapted by Resolutlan No. 1815-W on October 28, 1098 by Soos Creak Water and Sewer RIWat and recorded In King County Recording No. 9901122306, Records of King County, Washington. Any of the following portions of Mck 2, Plat of Akers Farms No. 5, as recorded In Volume 40 of Plats, Page 47, records of King County, Washington, that applies for new connections or additional connections to the water main as constructed in Contract 8-95W and accepted by Soos Creek Water and Sewer District by Resolution No. 131 1W on May 10. 1995. KING COUNTY PARCEL N0.008700 0098 1998 SPECIAL CONNECTION CHARGE —SEE NOTE The West half of the North half of Lot 2, Block 2 65.2 Front Feet ® $27.60lft $ 1,799.52 KING COUNTY PARCEL NO.208700.0084 The West half.of the South hall of Lot 2, Block 2 65.2 Front Feet ® $27.001ft $ 1,T99.52 KIHG COUNTY PARCEL NO.008700-0100 The West half of Lot 4, Block 2 130.6 Front Feel C $27.601ft $ 3,601.40 KING COUNTY PARCEL NO, 005700.0112 The West half of the North half of Lot 5, Block 2 70.3 Front Feet ® $27.601ft $ 1,940.28 KING COUNTYPARCEL The West halt of the South half of Lot 6, Block 2 70.3 Front Feet Q $27.601ft $ 1,940.28 I KING -COUNTY C L NO.00 -0116 The West half of Lot 6, Block 2 140.0 Front Feet @ $27.60/f1 5 3,880.56 KING COUNTY -PARCEL NO: 008700.0120 ' The West half of the North half of Lot 7, Block 2 70.3 Front Feet ® $27.60/ft $ 1,940.28 KING COUNTY PARCEL 008700-0121 The West half of the South half of Lot 7, Block 2 70.3 Front Feet ® $27.60lft S • 1,940.28 }S UG COUNTY PARCEL NO, 00B700-g125 - The W est ha7 of Lot 8, Block 2 14D.0 Front Feet ® $27-.SQM $ 3,880.58 KING COUNTY PARCEL 140._0013Oy 0.0.1$2 The West half of the North half of Lot 9, Block 2 70.3 Front Feet 0 $27.60l6 $ 1,940.28 KIN() COUNTY PARG€1,, No. 008700-0130 The West half of the South half of Lot 9, Block 2 70.3 Front Feet ® $27.1301ff $ 1,940.28 f:10012=0i<Omanuad "Sw k randad BCC N& 104 An. 2007.dac. 1 - KING,WA Document: RSL 2007.0503001745 Page 2 of 3 Station Id :BXRP Printed on 6/22/2007 1:15:58 PM Branch :STK,User :8860 Comment: 200705=01745.003 KING COUNTY PARCEL NO, 008700&134 The West half of Lot 10, Block 2 140.0 Front Feet ® $27.60/ft $ 3,880.56 KING CQUINTY P L No. 008700-0143, The West half of the North half of Lot 11, Block 2 tying Easterly of SR 516 70.3 Front Feet ® $27.601ft S 1,M.28 i KINQ COUNTY PIXEL NO, 00870R&M The West half of the South half of Lot 11, Block 2 lying Easterly of SR 515 70.3 Front Feet ® $27.601ft $ 1,940.28 KING COUNTY PARCEL N0.008700-0147 The West half of the North half of Lot 12, Black 2 lying Easterly of SR 5115' 35.1 Front Feet Q $27.601ft $ 908.76 AND I G COUPARCEL NO. 29 05-9 The East 150 feet of the following described parcel: The East half of the North quarter of the Northwest quarter of the Southwest quarter of Section 29, Township 23 North, Range 5 East, W.M., in }CEng County, Washington. LESS State Highway.. 325.62 Front Feet ® $27,60/ft $ 8,987.11 1998 SPECIAL CONNECTION CHARGE RATE: $27.60 PER FRONT FOOT Note: All annual interest shall be applied from the date of the original adoption of Special Connection Charge by Resolution 1515•W on October 28,1909. { F--=1=M14100W%MrW "SW AM"ed SM Nm.1 Q4 • Jam ZM7aoo . 2 KING,WA Page 3 of 3 Document: RSL 2007.0503001745 Station Td :BXRP Printed on 6/22/2007 1:15:59 PM Biir1ch :STK,User :8860 Comment: Station Id :BXRF 20070426000733.001 4 RETURN ADDRESS: Frondor amk 8w r 801 Aklrr- 10 Box 1e60 8v r. WA 98390 Y; neor sn.ee u MODIFICATION OF DEED OF TRUSTQ�14_j1! Reference # IN applicable): SLIMN•xx0082 - N0. 20060315001636 Ad na on prag' GrantOrle). 1. DAVIS, MICHAEL E. 2. KD PROPERTIES•BENSON, LLC Grantee(s) 1. Frontler Bank Legal Deachptlon: PTN. LT. 8, BLK. 2, AKERS FARMS #5, VOL. 40, PG. 27 Additional on page 2 AseeeeOT'8 Tax Parcel ID#,. 008700-011"7 (PARCEL A) AND 292305.9010-04 (PARCEL BE THIS MODIFICATION 07 DEED OF TRUST dated April 18, 2007, b made and executed between MICHAEL E. DAVIS, A MARRIED MAN, AS HIS SEPARATE ESTATE, AS TO PARCEL A. and KD PROPERTIES-BENSON, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO PARCEL B, whose address Is 1201 MONSTER ROAD SW, SUITE 320, RENTON, WA 98055 (*Grantor') and Frontier Bank, whose address Is Sumner, 801 Alder, PO Box 1650. Sumner, WA 98390 i"Lender"1. KING,WA Page 1 of 4 Printed on 6/22/2007 1:15:53 PM Document. TDD MOD 2007.0426000733 Branch :STK,User :8860 Comment: Station Id :BXRP K 20070428000733,002 MODIFICATION OF DEED OF TRUST (Continued) Page 2 DEED OF TRUST. Lander and Grantor have entered Into a Deed of Trust dated March 10, 2008 {the 'Deed of Tr st'l which has been recorded In KING County, State of WoshhVton, as follows: RECORDED ON MARCH 16, 2008 1N KING COUNTY. STATE OF WASHINGTON, UNDER AUDITOR'S FILE NO. 2ODS0318Do1698. REAL PROPERTY DESCRIPTION. Thor DOW of Trust Doors the following deacrlbsd red property located In KING County, State of Washington: PARCEL A: THE WEST HALF OF LOT 6, BLOCK 2, AKERS FARMS NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 40 OF PLATS, PAGE(Sl 27. RECORDS OF KING COUNTY, WASHINGTON. PARCEL 81 THE PAST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWN8HIP 23 NORTH, RANGE S EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUBE NO, 782468 FOR 1111515. The Real Property or Its address A commonly known as 16816 104th AVENUE SE, RENTON. WA 99063 (PARC(i Ai AND ISaKX iO4th AVENUE SE • SOUTH 32nd PLACE (PARCEL 0). RENTON, WA 28055. The Real Property tut Idendfk:adon number is 006700-0115,07 IPARCEL A) AND 282306-5010,04 (PARCEL B). MODIFICATION. Lander and Grsntor hereby modify the Deed of Trust as tollowst THIS MODIFICATION REPRESENTS AN INCREASE BY 41.095,000,00 FOR A NEW TOTAL OF $3.060.000.00 AND THE ADOMON OF PARCEL A. CONTINUING VAUDRY. Except as expressly modlfid above, tM terms of the original Dead of Trust shah rama)n uncharged and In fnAR force end effect. Consent by Lander to thb 1Nodlficsdon does not wet" Larder's right to require strict performance of the Deed of Trurt as changed above tar obligate Under t0 make any hdurs mod flostiora. Nothing In this Modification shall conathute a setlefrction o1 the promissory note or other credit agrse nt secured by the Deod of Trust (the 'Noes'). Il is the intention of Lander to retain as liable all parties to the Died of Trust and all pertlea, makers and endorsers to the Note, Including accommodation parties, unless a psny Is expraesN released by Lander In writing. Any maker an endaraar, Includbv aeecmmodadon makers, shall rot be released by virtue of this Modification. If am pessen who signed tW orlgkul Deed of Trout does not sign this MotlMostlon, then all parsons Ognbng below acknowledge that thla Modification B given con c ltkmdly, bead on the representation to Lander that the non -signing parson consents to the chanoes and provlabns of 1Ns MoWc*Wn or otherwise wit not be released by it. This waiver applies not only to any Initial extension or m ciftadon, but also to an such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MOOLFICATION OF DEED DF TRUST AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED APRIL 18, 2007. GRANTOR; X I tl+� ua y LC UZ LENDER. FRONTIER S NK atnor:e KING,WA Paget of Printed on 6/22/2007 1;15:54 PM Document: TDD MOD 2007.0426000733 Branch :STK,User :8860 Comment: Station Id :BXRP "20070tt26000T33 D03 MODIFICATION OF DEED OF TRUST Wont[nued) Page 3 STATEOF� r t 1 S y may' S 1 Sti iy yyy ' V�� i a COUNTY OF ttli�OPW :=+ On this day before me, the undersigned Notery Public, personally appeared MICHAEL E'AVg peraonsW known to me or proved to ma on the basis of satisfactory evldenoo to be the Individual dascribad In end who executed the ModilfostIon of Dead of Trust, and aoknawlsdged that he or she signed the Modlflastton is his or her hae and voluntary act and d the was snd purposes thsreIn me o Given er ' dund and official seal des day of . 20 b- $Y Residing at Nog c end for the Sdte of My commissron spins STATE OF COUNtY OF I rf y�► ^ar..,``� P WA - on thisNotary day of RD , NSOAL?dtt,`diti untlarslgrted fiotary uWic, W na appeared M[CWA D u o D OP I EN80N. LLC, and personally known to ma or proved to me on the basis ol.satisfactery svldertoe to be a member or dnlgnnad agent of the limited liability company that a the ModlRcadon of Dead of Trust and acknowledged the ModltIvWon to be the from end vulumsry act and of he limited Ilablity compury, by authority of statute, its arricles of oryanlution or In operating ep■•ma for th uses and purposes therein mentioned, and on oath stated chat he or she U authariesd to execute this asdwt In fact fteacwd th■ moddleatlea on bahalf of the Rrnksd ilability romp tay ResldIng n Notary Public t a �it• of My commission •xphes �w���ttt lli JO Ir LIMITED LIABILITY COMPANY ACKN 017 _ 01 0AW $ �t ItrarE OF lag fi '9 I a, ail } r COUNTY OF 1. +lr 9? rn,,, `"= on tfft �T, day of , 20 t ;`8alore me, the urdmlgned Notary , personally appsatad .IOHNA N , Member of kD PROFER ENRON, UC, and pwsonelly known to me or proved to ma on the bads of saisisowry evidaroo to be a mem4er or designated agent of the Ilmltad gablllty oo ac axaoutsd the Modification of Dead of Trust and acknowledged the ModiOcatlon to be ihs free and volvrdary t and data of the limited liability company, by authority of statute, Its articles of orgeni:■don or its 0 P,erartkirawsorneit. for the uses and purposes therein mentionedr and on oath stated that he or the Is authwlzed to sZ Med[t ■don and In fact asacuted the Modlficnlon on bahali of fM smiled A cow,". By Residing n No ry F'xmlIo r the State of tidy commission expires K1NG,WA Page 3 of Printed on 6/22/2007 1:15:55 PM Document: TDD MOD 2007.0426000733 Branch :STK,User :8860 Comment: Station 1d :BXRP 20070426000133.DD4 MODIFICATION OF DEED OF TRUST (Continued) Page 4 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF W-_ 1 COUNTY of V��-�"X _._..�. 1 On this day of Z""�K . 20 C!�'_, baton ma, the undanlpmd Nolary udlc, parso ry appeared DONALD G amber of KC PROPEW"ES•BENSON, LLC, and Parsonavy known to* or proved to ma on the basis of satisfactory widuxe w be a member or designated agent of the limited liability company that wevutad tha Modlffaetlon of Dead of Trust and acknowladged the Modification to ba as free and voluntary act and dead at the limited liability cempuq, by authority of avhrte, its ■rdorms of organization or Its operating agreemenL for the uses and purposes therein mentioned. and an oath stated that he or she Is authorized to execute this Modlflradon and In foot executed the Modification on When of dta limited lkbllhy Company. at—x�iixfhilazs2D FSTIATEE OY A. OOODF g art Notary Milo in and for ft 8wte of �•���Y p� ��.���r mmlufan expine OFVdASHIN ON STATE OF hr/ 74Yhl I-r, f $Gulp Y Ai . f as I �c COUNTY OF Z pw. -- . -- .--- { i On this _.__, day of AL 03 , before and Nei Pub a, ParsonsKY appeantl a wn to me or pro l to me an the baste of gWltctory a ones to .authorized aga n for the Lander that exeovtsd the within and forapaing Ins and an acknowledged saW Instirwroant to be the from and vcLntary act and dead of the said Lander, duly suthorlad by the Lander through Its board of dinotorm or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she to outhortted to execute this said broPlaoult sr>,rhst-WM.asal ■faxed le the corporatm seal of said Lander. /j gyv/p[4• Raaldrtgat_/uf/,l.Cl.[Hl � v Notary Public In and for tlr at of -U f My commla ilon expires L2 -a7 u,n,.,rr v�umm. on�...wr..w nr.,. au. emu. rwww..,w. .rr se nua„,.m,oao KING,WA Page 4 of 4 Printed on 6/22/2007 1:15:56 PM Document: TDD MOD 2007.0426000733 20060316001636.001 RETURN ADDRESS: Frontier Bank Sumner 801 Alder Po Box 1650 Sumner, WA 98390 DEIED OF TRUST 1536 4.00 DATE: March 10, 2006 1) 4'1 j Reference # Of applicable): $UMN - XXOD821 TITLE NO 4204-74952d Additional on page— Grantor(s): 1. KD PROPERTIES-BENSON, LLC Wwftee(s) FIRST A M E19LnAN� gay 1. Frontler Bank 2. FIRST AMERICAN TITLE COMPANY, Trustee Legal Description: SECTION 29, TOWNMSHIP 23 N.. RANGE 5 EAST., NW QUARTER, SW QUARTER Additional on page 2 Assessor's Tax Parcel ID#: 292305-9010-04 THIS DEED OF TRUST 18 dated March 10, 2006, among KD PROPERTIES-BENSON, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, whose address is 1201 MONSTER ROAD, STE 320, RENTON, WA 98065 ("Grantor"); Frontier Bank, whose mailing address Is Sumner, 801 Alder, PO Box 1650, Sumner, WA 98390 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIRST AMERICAN TITLE COMPANY, whose maiing address is 2101 FOURTH AVENUE, STE 800, SEATTLE, WA 98121 (referred to below as "Trustee"). 2DO60315001536.002 DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GRANT. For vatuabie consideration. Grantor com oys to Trustee In trust with power of sale, right of entry and Possession and for the benefit of Lander as Beneficiary, all of (lrarltors right, line, and Interest In and to the following described real property, together with all existing or subsequently emoted or of od buildings. tmprovemanls and fixtures all easements, rights of way, and sppuriaunces; aI water, water rights and ditch rights Qneluding stock In ullltlas with ditch or Irrigation rightsX and all other rights, royalties. and profs relating to the real Prof Including without Imitation erg minerals, oil, gas, geothermal and similar matters, (the "Real Property', located fn KING County, State of Washington: THE EAST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH , RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 782486 FOR SR 515, RENTON VICINITY: CARR ROAD TO GRADY WAY. The Real Properly or Its address Is t ommortly known as 168M 104TH AVENUE SE & SOUTH 32NO PLACE, RENTON, WA 98055. The Real Property toot IdentHleation number is 292305-9010-04. Grantor hareby assigns as socuray to Lander, all of prantWs right fide, and Interest In and Io al lessee, Rants, and profits of the Property. This assignment Is recorded In accordance wllh RCW 66D8070. the Ion created by INs assignment Is intended to be speoilo, perfected and choste upon the recording of this Dead of Trust. Lender grants to Grantor a license to collect the Rants and profits, which license may be revoked at tandar's option and shag be aulamsf tally revoked upon acceleration of 5n or part of the Indabledness. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND pt) PERFORMANCE OF ANY AND ALL OSLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST, THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otharw1w provided In this Dead of Trust, Grantor shag pay to Lender all amounts secured by this Deed of Trust as they become due, and shell sftW and In a timely marmar perform an of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSWS:ON AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession end use of the Property stag be governed by the fagow[ng provisions: PoSeeasion and Use. Until the occurrence of an Evant of Default. Grantor may (1) remain In possession and control of the Property; (2) use. operate or manage the Property; and (3) collect The Rants from the Property phis pdvtisgo Is a Been" from Lender to Grantor automatically revoked upon deffiull . The fallowing provisions relate to the use of the Property or to other Imitations our lhe.Property. The Real Property Is not used prindpaly for agrfoullund purposes, Duty to Maintain. Grantor shell malnlafn the Property In tenantable condition and promptly perform all rapalm roplaoements, and malntaranoo necessary to preserve Its Value. Nuisance, Waste. Grantor and not cause, conduct or permit any nuisance nor commll, permit, or suffer any stripping of or waste on or to the Properly or any portion of the Property. Without limiting the generally of the faregoing. Grantor wll not remove, or grant to arty other party the right to remove, any Umber, minerals pnduding OR and gas), creel, clay, aoorfa, foil, gravel or rock products without Lander'a prior written consent. Removal of Improvements. Grarfor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the rarnavaf of any Improvements. Lender any require Grantor to make arrangemants satlsfactory, to Lender to replace such Improvements with Improvements of of lead equal value. Lender's Right to filer. Lander and Landers agents and representalvas may enter upon ere Real Property st of reasonable ft" to stand to Lendeh Interests and to Impact the Real Property for pWposss of Grantors compliance with the terms and conditions of ft Deed of Trust. Compliance Will Governments] Requbements. Grantor shall promptly c'ompty, and shag promptly cause compliance by all agents, tenants or other parsons or antlgas of every nature whalsoaver who rant, lease or otherwise use or occupy the Property In any manner, with all laws, ordlnenoss, and regulations, now or herealer In offset, of all governmental authcrillea applicable to the use or occupancy of The Properly, Including without Imitation, the Americans Wlth Disabilities Act. Grantor may contest In good talth any such low, ordinance, or regulation and withhold compliance during any proceeding, Including approprlato appeals, to tong at Grantor has nottgod Lender In willing prior to doing so and so long as, In Lander's sale Dplrlon, Landers Interests In the Properly are not jeopardized. Lender may require Grantor to post adequate Security or a surely bend, reasonably satisfactory to Lender, to protect Lenders IntaresL Duty to Protect. Grantor agrees neither to abandon or teave unaranded the Property. Grantor shal do all other acts, In addaion to those acts set forth above In this section, which horn the atmraoter and use of the Property are reasonably necessary to protect and preserve the Properly. DUE ON SALE — CONSENT BY LENDER. Lender may, at Lender's option, (A) declare Immediately duo and payable an sums secured by this Deed of Trust or (a) Increase the Interest rala provfdad for In the Nate or other document evidencing the Indebtedness and Impose such other condltfons es Lender dsams approprids, upon the sale or transfer, without Lenders prior written consent, of erg or any part of fits Real Property, or any interest In the Real Property. A "sal$ or transfar means the conveyance of Real Property or airy right, lifie or interest In the Real Property; whether legal, banaticiel or equitable; whether voluntary or Involuntary: whether by outright sale, deed, hgtnllmenl $alo contract, laird contract contract for dead, laesshold Interest with a term greater than three (3) years, leaso-0pson contract, or by axis, assignment, or transfer of any ban ftlell Interest in or to any land trusl holding litie to the Real Property, or by any other method of conveyance of an Interest In the Real Property. If any Gra6tor'h a corporation, partnership of Imled Ilabllly company, transfer also Includes any change in ownerehip of more than t,Wnly—five parent (241A).of tM voang:skw*.-,Wnemhlp Inlarasts or limited liability company Interests, as the can may be, of such Grantor. However, Ihls'oplon shell not be se:archW by Lender If siech a erd a is prohibited by federal law or by Washington few. TAXES AND LIENS. The following provisions relating is the Wm and lien an the Property are pad of this Deed of Trust: Payment. Grantor shag pay when due (and In all events prior to delinquency) all !axes, speeW taxes, assessments, charges oncludIre water and sewer), lines and Imposlilons Wdod against or on account of the Property, and shell pay when due- all claims tor work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Properly tram of erg Ism having priority over m equal to the Interest of Lender under this Dead of Trust, 20060316001636.003 DEED OF TRUST (Continued) Page 3 sxcept for The Ilan of taxes and assessments not dus and except as othense provided In this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax assessment, or claim in connection with a good faith dispute over the obligation to pay, so long so Landoes Interest In the Property is not jeopardized. If a ion arises or is filed as a result of nonpayment, Grantor shelf within lifiseri (15) days after the Ion arises or, if a Ion Is Fled, within fifteen (18) days attar Grantor has notice of the filing, secure the discharge of the get, or N requested by Lander, deposit with Lander cash or a sufficient corporate surety bond or other security aaUfaclary to Lander In an amount sufficient to discharge the Ion plus any costs and attorneys' fags, or other charges that could &=u s as a result of a foreclosure or sale under the Den. In arty contest, Grantor shall defend Itself and Lender and shall satisfy any save= Judgment before antorcamenl agafnet tha Property. Granter stall name Lander as an addltlonal obliges under any surety bond furnished In the oontost proceedings, Evidence ar Paymaat. Grantor shag upon demand furnish to Lander satisfactory "demo of payment of the taxes or assessments and shall authorize Ihe appropriate governmental official to deliver to Lender at any time a written afatament of the taxes and assessments against the Property. Notice of Construction. Grantor shall noliy Lender at least Fltaan (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, I any Mac ado's Ilan, malerialmen's tort, or other Ilan could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lander that Grant& can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Properly are a part of this Deed of Trust. Maintenance of Insurance. Grantor ahal proouro and maintain poucles of ira Insurance with standard extended coverage endorsements on a mplacamant basis for to fug Insurable value covering all improvements on the Real Property In an amount sutedent to avold appllcalon of any coinsurance clause, and wtih a standard mortgagsa clause to favor of Lender. Grantor shal also procure and maintain comprehensive general labliy Insurance In such coverage amounts as Lander may request wlth Trustee and Lender being named as additional Insureds In such Ifabglfy Insurance policies. Addltbnaly, Grantor ;hag malataln such other Insurance, Including but not &Mad to hazard, business interruption, and boler insurance, as Lender may reasonably roquira. Poldas stal be written In form, amounts, coverages and basis reasonably acceptable to Lender and Mood by a comparry or comparibs reasonably acceptable to Lander. Grantor, upon request of Lerida, will delver to Lender from time to time the pelld8s or oeNllCales of Insurer" In form saltsfadory to Leader, Including supu(atlors that coverages will not be cancelled or dmhWW wittcut at least thirty (30) days prior written notes to Lender. Each Insurance policy also "0 Include an endorsement providlIng that coverage In favor of Lander will not be impaired In any way by any ad. omission or default of Grantor or arty Otter person. Should the Real Property be located In an area designated by the Director of the Frrdarol Emorgancy Management Agency as a spacial Food hazard arse, Grantor agrees to obtain and maintain Federal Flood Insrreneo, V available, within 45 days after notice Is given by Lender that tha Properly Is located In a speolal Food hazard arcs, for the full unpehd principal balance of the loan and any prior Dan& on the property securing the loan, up to the maxlmum polby limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insuruce for the fern of the loan, Application of Proceeds. Grantor shalt promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss If Grantor fails to do so wahln fifteen (15) days of the casualty. Whether or not Lender's security is Impafrod. Lander may, at Lender's election, receive and retain the prooeeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lion nlfootUng the Property, or the restoration and repair of the Propsrty. It Lander sloofs to apply the proceeds to restoration and repair, Grantor shell repair or replace the damaged or destroyed Improvements In a Mannar satisfactory to Lander, Lander shall, upon satisfactory proof of such expenditure, pay or relmburoe Grantor from the prooseds for the reasonable cost of repair or restoration If Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within too days after bhak receipt and wh bh Lander has not committed to the repair or restoration of the Properly shall be wad first to pay any amount owing to Lender under this Dead of Trost, tan to pay accrued InWa i, and the remainder, If any, shad be applied to the pdncipol balance of the Indebtedness. If Lander holds any proceeds after payment in ful of the Indebtedness, such proceeds shall be paid without Interest to Grantor as Grantor's Interests may appear. Grantor's Report on Insurance. Upon request of Lander, however not more than owe a year, Grantor shall furnish to Lander a report on each oftling pallor of Ineurenoe showing: (1) the name of the Insurer, (2) the risks Insured; (3) the amount of the pokj; (4) the property lrlsured. Va then current replacement value of such properly, and the manner of determining that value; and (5) the exptraffon date of the pdky. Grantor shag, upon request of Lander, have an Indoperidarl appraiser satsfactory to Lander dafarmins the cash value roplacamo t cost at the Properly. LENDER'S EXPENDITURES. 11 any action or proceeding Is eommenead that would malarial y effect Lender's Intereal In the Properly or ti Grantor fats to comply with any prevision of this Dead of Trust or any Related Documents, Including but not Imited to GraAWS falure to discharge or pay when due &try amourds Grantor b regtarad to discharge or pay under iris Dead 07rust or any Related Documents, tender on Grantors behalf may (but shall not be obibaled to) take anry action that Lander dooms appropriate, Including but not limited to discharging or paying all taxes, germ, security Interests, ancumbrarxes and other claims. at any time levied or placed an the Property and paying al costs for Insuring, maintaining and preserving Vie Property. AD such expandlures Incurred or paid by Lender for such purposes we awe bear Werest at the rate charged under the Note from Vie data incurred or paid by Lander to the We a1 repayment by Grantor. AN such expenses will become a part of the Indebtedness and, at Lan clar's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable wfth any Instalment payments to become due during either (1) the term of any applicable Insurance poley; or (2) the remaining term of the Note; or (C) be treated es a balloon payment which will be due and payable a1 the Nolen maturity. The Dead of Trust also will secure payment of thew amounts. Such right &hall be In addition to all other rights and remedies to which Lander may be omltisd upon Default. WARRANT!; DEFENSE OF TITLE. The foaowing provisions relating to ownsrshlp of the Property are a part of this Deed of Trust: Title. Grantor warrants that; (a) Grantor holds good and marketable tide of record to the Property in far simple, keg and clear of all.11ens and encumbrances oiler ftan those set forth In the Real Property description or In any eta Insurance polcy, tilts report, or final He opinion Issued In favor of, and accepted by. Lander In o&rneotion wait INS Deed of Trust, and '(b) Gr%Ncr has the fuu right; power,.aad'aufpoily to axaqutq,agd-dgllver this Dead of Trust to Lender. Defense of Title. Subject to the exception In the psriigraph above, Grantor warrenta and will lorever defend the tale to the Properly against the lawful claims of all persons. In the event any action or proceeding is oommercad that questions Grantor's tilt or the Interest of Truatao or Lander Under this Deed of Trust, Grantor Shag dafond the action at Grardofs expense, Grantor may be the nominal party In such proceeding, but Lender shall be ontlied to participate In the profted(ng and to be represented In the proceeding by counsel of Lender's own choloa, and Grantor will deliver, or cause to be delivered, to Lander such instruments as Lender may request from lime to lime to permit such parueipauon, Compllance With Laws. Grantor warrants that the Properly &not Grantor's use of the Property compiles with al etdsllrtg applicable laws, ordinances, and regulations of governmental authorities. 20060316001636.004 DEED OF TRUST (Continued) Page 4 Survival of Reprasenlatlona and Warranties. All rapresenhtione, warranties, and agroamenls made by Grantor in this Deed of Trust shall survive the exaoution and detvery of No Deed at Trust, shall be oontinuing In nature, and anal remain In fug taros and oNacl unit such Ilme as Grantor@ Indebtedness shallbs pald In fug. CONDEMNATION. The Wowing provisions relating to condemnation proceedings are a part of this Deed of Trent: proceedings. If any proceeding In condemnation Is fled, Grantor shot promptly natty Lender In writing, and Grantor shall promptly lake such sops as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lander shalt be onfi ied to parllclpate in the pr0000tling and to be represented In the proceeding by counsel of Its own choke all at Grantors expense, and Grantor writ delver or cause to be dolvered to Lender such Instruments and dooumentallm as may be requested by Lender from time to lima to Permll such participation. Appticatlon of Net Proceeds. if all or any part of the Property Is condemned by eminent domain praaesdings or by any proceeding or purchase In lieu of condemnation, Lender may at Ib election require that at or any portion of the not proceeds of the award be appned to the Indeblocims or the repair or reatorallon of the Property. The net proceeds of the award shag mean the award after payment of a[ reasonable casts, lotponses, and aftorneya' fees Incurred by Trustee or Lender In connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provislens relating to ggvernmental taxes, foes and charges are a part of this Deed of Trust Current Tees, Fees and Charges. Upon raquast by Lender, Grantor shot execute such documerds In addition to this Deed of Trust and take whatever other action Is requested by Lender to perfect and coMnus Lenders lien on the Real Property. Grantor shag relmburse Lander for all taxes, as described below, together with all expanse Incurred In recording, parlacang or continuing this Deed of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or regtstwing this Dead of Truet. Taxes. The following shall constitute taxes to which Ihfs section applies: (1) a specifb tan upon this type of Deed of Trust or upon all or any part of the Indebtedness allowed by this Dead of Trust•, (2) a specific tax on Grantor which Grantor Is -authorized or requred to deduct tram payments on the Indebtedness secured by this type of Dodd of Trust; (3) a tax on this type of Dead of Trust chaMnabla agalnst the Lander or the holder of the Note; and (4) a apodito tax an an or any pawn of the Indebtedness or on payments of principal and Interest made by Grantor. Subsequant Tares. Harry fox to which this soollon applies is enacted subsequent to the date of this Deed of Trust, this event sham have the same offed as an Event of Default, and Lender may exercise any or at of its available remedles for an Event of Deault as provided below unl►ss Grantor either (1) pays the tan before It becomes delInquerd, or (2) contasts the lax as provided above In the Texas and Lens notion and deposits with Lender cash or a sufficient corporate surely bond or other security wthiactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust tie a security agreement are a part of this Deed of Trust Security AgreemarrL This Instrument shag constitute a Security Aweernard to the extent any of the Property constitutes fixtures, and Lender shall have ail of the rights of a secured party under the Uniform CommoreW Code as amended from rime to time. Security Interest. Upon request by Lander, Grantor shag take whatever action Is requested by Lender to perfect and continue Landers security Interest in the Rants and Personal Property. In it"Ilon to recording this Deed of Trust In the real property records Lander may, at any lime and without further suth riratlon from Grantor, He executed countarpsels, copies or reproductions of this Dead of Truel as a financing statement. Grantor shall reimburse Lender fa all expenses Incurred to p~rtg or continuing this security Interest. Upon default, Granite shag not remove, savor or detach the Personal Property from the Property. Upon deNdL Grantor shall assemble arty Personal RWWV not Affixed to the Property in a manner and at a place reasonably corevenleM to Gramm and Lender and make it avaWle to Lander within three (3) days after receipt of written demand from Lender to she extent permitted by applicable taw. Addresses. The mating addressee of Grants (debtor) and Lender (secured party) front which Information concerning the security Interest granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Code) are as staled on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and auorrey4n4hct are a pars a1 this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Larder, Grantor wig make. Wwouto and deliver. or will cause to be made, waled or dagvored, to Lander or to Lenders designee, and when requested by Londaf, cause lobe flied, recorded, rallied, or rerecorded, as Roe Case maybe, at such limas and In such &Moos and places as Lender may doom approprkto, any and Al such mortgages. deeds of trust, security deeds, security agreements, financing slatsmaQ% continuation statements, Instruments at further assurance, certiticoles, and other dccumonts as may, In the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantors oWEgations under the Note, this Deed of Trust, and the Related Documents, and (2) the tons and soaurdy Interests created by this Dead of Trust as first and prior flans on fie Properly, whetter now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In wr{ting, Grantor shag reimburse Lender for all costs end expanses incurred In connection with the matters referred to In Otis paragraph. Allorney-fro-Facl. If Grantor his to do any of the Icings relerrad to In the preceding paragraph, Lander may do so for and in the name of Grantor and at Grantors expense. For such purposes, Grantor hereby krwocably appoints Lender as Grantor% attorrey4n-factfor the purpose of making, sxscutng, delivering, filing, recording, and doing ati other things as may be necessary or desirable, in Lenders sale opinion, to ocoamplish the motions referred to In the preceding paragraph. FULL PEAPORMANCE. If Grantor pays erg the Indebtaainess when due, and oltwnwlea performs an the obligations Imposed upon Grantor under this Deed of Trust, Lender shall execute and da[ver to Trustee a request for full -reoonvsyance and shelf execute end deliver to Grantor suitable etalerrsrtb of temtlroton of any financing statement on foe evidencing Lenders security Irdoresf In the Rents and the Personal Property. Any recamayanoc fee sW be paid by Grantor. If Permitted by applicable taw. The grenloo In a.7 rgaenv4Yert may be described as the 'person or persons legally entitled thereto', and the recitals in Its recrnveyance of any matters or facts shall be cowAmhw.procf of the truthfulness of any such mattam or facts. EVENTS OF DEFAULT. Each of the followirg, at Lender's option, shag constitute art Event of Default under this Dead of Trust: Payment Default. Grantor Cats to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to earn* with or to perform any otter term, obligation, covenant or co ndvan contained In this Dead of Trust a bi"of the Related Documents or to compty with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Grantor. 20060316001636.006 DEED OF TRUST (Continued) Page 6 Compliance WWI. Fadure to comply with any other term, obligation, covenant or condition contalnsd In INS Dead of Trust, the Nola or In any of the Related Documents. Default on 01bef Payments. Fallurs of Grantor within the time required by this Deed of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect d1acharge of any Ten. Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Grantors property or Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of•Ihe Related Documents, False Statements. Any warranty, representation or slalament mad# or Wished 10 Lender by Grantor of on Grantors behalf under this Dead of Trust or the Related Documents Is Islas or m1alueltng In arty material respect, either now or al the time made or furnished or bsoomss false or mWeading at any lime thereafter. Defective Cotleterallmtion. This Deed of Trust a any at the PAWW Documents ceases to be In full tome and effect (Including failure of arty collateral document to create a vald and po laded security Interest or fan) at airy time and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue Is made), airy member Whdraws from the tmitad labI y company, or any other tomanallan of Grantor's oAzbmoe as a going business or the death of any mernbar, the Insolvency of Grantor, the appointment of a receiver for any part of Grantors property, any assignment for The benefit of oredilm, any type of creditor workout, or the commencement of arty procesding under any bankruptcy or Insolvency laws by or against Grantor. Creditor or Forfalture Proceedings. Commencement of foreclosure or forlall re prooeedings, whether by judicial proceedng, ssM-hslp, reposoesebn or any other method. by any aacillor of Grantor or by any govammantal agency against any property securing the Indebtedness. This Includes a garnishment of any of Gmlor's accounts, Including deposit accounts, with Lender. However, this Event of Dafeuft sisal not apply 11 there Is a good falth dispute by Grantor as to the validly or raasanahlenoss of the claim which Is the thesis of the creditor or forfeiture proceeding and If Grantor gives Lander wrilton notice of the creditor or ladolture proceeding and deposits with Lander monies or a surety bond for the eredilar or todalture proceeding, In an amount determined by Lender, In Its sate dscrelln, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of arty other agroornant between Grantor and Lander that is not rem#dled within arty grace period provided therein, including without imitation any agreement concerning any Indebtedness or other obligation of Grantor to Lander, whether e;dsttrg now or lafar. Events Affociing Guarantor. Any of the preceding events occurs with rospeot to any Guarantor of any of the Indebtedness or any Guarantor dlas or beoomes Incompetent, or revokes or disputes the validity of, or Wily under, any Guaranty of the Indebtsdrxss. In the event of a death, Lender, at Its option, may, but shall not be required tit permit the Guarantor's estate to assume unconditionally the obligations arising under The guar" In a manner sdslaotory to Lander, and, In doing so, cure any Event of Default. Adverse Change. A matodal adverse change occurs In Grantors. financial ooncillion, or Larder, bolleves the prospect of payment or performance of the Indebtedness Is Impalrod. Flight 10 Cure. It any default, other than a default In payment her curable and Of Grantor has not been given a notice of a breach of the same prov(slon of this Dead of Trust within the preceding iwelve (12) months, It may be cured if Grantor. after receiving written notice from Lander demanding cure of such default: (1) cures the default wllhln ten (10) days; or (2) 11 the cure requires more then ton (10) days, Imn*dloWy initiates slope which lender deame in Landers sob discretion to be sufficient to cure the default and thereafter oonllnwa and oomptetes all reasonable and necessary slope cuf lent to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. It an Event of Darauil occurs under this Deed of Trust, at any Ima thereafter, Trustee or Lender may exorclso any one or more of the following rights and remedies; ElecUon of RemedW& Election by Lender to pursue any remady shall not ex*ds pursuit of any, oftwrrsmedy, "an elation to make expenditures or to take action to perform an obligation or Grantor under fide Deed of Tn4 after • Grantors failure to perform, shag notaftac! Lander's right to declare a default and exercise Its remedies. Accelerate Indebtedness. Lender shall have the right at Its option to declare the enft Indebtedness Irtmmedlatefy due and payabls, Including any prspsymrnl penally which Grantor woLdd be required to pay. Foreclosure. Wgh respect to elk or any part of the heal Property, the Tnulse shall have the right to exercise Its power of Sale and to foreclose by nollee and talc, and Lender shall have the right to foreclose by Judicial foreclosure, In either case In accordance with and 10 the full cadent provided by applloabie law. UCC Remrdles. wlih respect to 0 or any pad of The Personal Property, Lender shall have ali the rights and remedies of a secured parry under the Uniform Commercial Code. Collect Rents. Lender shell have the right, without notice to Grantor to take possession of and manage the Properly and col od the Rants, including amounts past due and unpaid, and apply the not proceeds, aver and above Landers costs, against the Indebtedness. In furtherance of this right, Lander may require any tenant or other taw of the Property to nuke payments of rent or use fees directly to Larder. if the Rents are oolected by Lender, than Grantor hrevocaby designates Lender as Grertors attorney -Infect to endorse Instruments received In payment thereof In the name of Grantor and to negotiate the same and colbct the proceeds. Payments by terarts or othar users to Lender In response to Lendors demand shall satisfy the obligations for which fhe payments are made, whether or not any proper grounds for the demand ndsted. Lander may exorcise its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver, Lander shall have the right to have a receiver appointed to lake possession of all or any part of hne Property, with the power to protect and preserve the Property, to operate the Property preceding or pending toneolosuro or acre, and 10 ooti#ct the Rents from the Property and apply the proceeds, over and above the coal of the receivership, against the Indebtedness. The rscohr r may earn without bond If permitted by law. Lender, right to the appointment of it reeelver shag inasl whether or not ths.apper",value•of the Property exceeds tho,tndobledness by a substanlaf amount. Emptoymani by Lender shag not dlsqualgy a pemori-from serving as a rsoalbar. Tenancy at Sufferance. It Grantor remains in possession of the Property alter lho Property is sold as provided above or Lander otherwise becomes anUbd to possession of the Prcpary upon default of Grantor, Grantor shall became a tenant at sunerenoo of Lender or the purchaser of the Properly and shall, at Lander's option, either (1) pay a reasonable renal for the one of the Property, or (2) vacate the Property Immediately upon the d#rrmrld of lender. Other Remedies. Trustee or Lender shelf have any other right or ramody provided In this Deed of Trust or the Note or by law. Notice of Sale, Lender shall ghre Grantor reasomWe notice of the time and piece of any public eats of the Personal 20060316001636.006 DEED OF TRUST (Continued) Page 6 Pto be Mads. rop" le noboa sor or Ow hag meanhich any mA* gvan at *at lsn (i )rivate salt or other intended days before the alms of the two or d1spotion of the Personal �tion Any eats of the Porsorol Property may be made In conjunction with any sole of the Real Prop". Sala of the Property. To the a dent permitted by applicable law, Grantor hereby waives any and an rights to have the Property marshalled. In e:mrcking fig rights and remedies, the Trustee a Lender shall be free to sell W or any part of the Properly together or separately, In one sale or by separate sales. Loader shelf be entitled to bid al any public sate on of or any portion of the Property. Attorneys' Feast Expense& If Lander Inslitulas arty sell or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or ncl any court action Is Involved, and to the extent not prohibited by law, at reasonable expenses Lander Incurs that In Landsh opinion are necessary it any time for the protection of Ito Interest or the enforcement of its rights shall become a pad of the Indebtedness payable on demand and shag bear Interest at the Note rate from the dais of the ownditurs will repaid, Moonset; covered by this paragraph Include, without nmffallon, howsver subject to any limits under applicable law, LwVWA ahorneys' fast and Londer's legal orparuss, whether or ad there Is a lawsull, including attorneys fees end oxpenses for barkrupfay proceedings (includrg efforts to modUy or vacate any automatic stay or Injunction), appeals, and any anticipated posHudgment collection services, the cast of searching records, obtaining title reports pnoluding foreclosure roponsy wurveyore' reports, and appraisal face, fills Insurance, and ises for the Trustse, to the aoWwd permlaed by applicable law. Grantor also will pay any court rents, In addition to so other stuns provided by law. Rlghls of Trustee. Trustee shall have all of the rights and dukes of Lander as sat forth In fits section. POWERS AND DBLIGATIONS OF TRUSTEE. The following provtatons relating to the powers and obligations of Trustee (pursuant to Loader's Instructions) are part of fits Dead of Trust: Powars of Trustee. In addition to all powers of Truslas arising as a matter of law. Trustee shelf have the power to tales the folfovdrg actions with rested to the Property upon the written request of Lander and Grantor: (a) join in and tilfcq a map or plat of the Rest Property, Including fie dedication of street or cow rights to the pubic; (b) Ido In granting arty easement or creating any restriction on the Rest Property; and (c) Join In arry subordination or other agreement affecting this Dead of Trust or the Interest of Lander under this Deed of Trual. ObIlgettlorrdeed rk many action"orprnot be proceeding Inlfwhhich Gragated to ntor, Lander,any eorTnnffitasof ashall be eels under any other trust party, unSeas required by applicable law, or unless the action or proceeding Is brought byTnmtee. Trustee. Trustee shelf most erg quatitieations required for Trustee under applicable law, In addition to the rights and remedies eel forth above, wfih respect to elf or any part of the Property, the Trust" shall have the right to foreclose by notice and sale, and Lander shall have the right to foreclose by judicial loreotosurs, In either case In accordance with and to the full extent provided by applicable law, Successor Trustee, Lender, at Lender's option, may from Urns to Urns appoint a successor Trustee to arry Trustee appointed under this Dowd at Trust by an instrument mrocuhsd and acknowledged by Leredar and recorded in the office of the recorder of KING County, State of Washington. The instrument shag contain, In addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page or the Auditor's file Number where this Dead of Trust 15 recorded, and the name and address of the successor trustee, and the Instrument shag be executed and acknowledged by Lander or Ila successors In Interest The success or trustee, without conveyance of the Property, that succeed to at the iota, paver, and dulu contacted upon the Trustee In We Dead of Trutt and by applicable law. This procedure for substitution of Trustee shall govern to the Modunton of all other prwlslons for substitution. NOTICES. Subjacl to applicable law, and except for notice required or showed by law to be given In another manner, any notice required to be given under this Deed of Trust, Including without limitation any notice of default and any notice of sale shall be given In wrWng, and shah be allootve when actually delivered, when actually received by telefacslmlta (unless otherwtss requred by lawj, when deprslled with a nationally rocognixad Overnight eoudw, or, h maw, When deposited In the United States mat, as first class, welted or registered mall postage prepaid, dlraated to the addrosm shown near the beglnn>ing of this Deed of Trust. Alf copies of notices of foreclosure from the holder of any ]ion which has priority over this Deed of Tnst shag be sent to Lender's address, as shown near the beginning of Wa Dead of Trust Any party may change is address for notices under this Deed of Test by giving formal wdtlen nonce to the other parties, specifying that the purpose of the notice Is to change the party'" address. For noltee purposes, Grantor agrees 10 keep Lander informed at all Um" of Grardon's current address. Subject to applicable law, and except for notice required or albwed by law to be gtvon In another manner, If More is mac then one Grantor, arty notice given by Lender to arty Grantor is deemed to be nonce given to elf Grertore. MISCELLANEOUS PROVISIONS. The fotiowing miscellaneous provisions arc a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, oonsUtutes the online understanding and agreement of the parties as to the mothers set forth In this Deed of Trust No alteration of or amandmanl to tads Dead of Trust shag be effective unless given In wdlkug and signed by the party or parses sought to be charged or bound by the alteration or amendment. Annual Repoff& It the Property le used for purposes other than Grantor's resldonoo, Grantor shag furnish to Lander, upon request, a ow0fisd statement of net operating Incoms resolved from the Property during Grantor's previous Usca1 year in such form and dotal as Lander shall raqucro. 'Not operating iroomo" thall mean arl cash rscslpts from the Properly less all cash orpondltures made In connoahon with the operation of the Property. Caption tiondings. Caption headings In this Dead of Trust are for cone dense purposes only and are not to be used to Interpret or datine the proviaiors of t� Deed of Trutt. Merger. Thera shall be no merger of the Interest or ootaia created by this Deed of Trust with any other Interest or estate In fie Property at any Urns held by or for the benst8 of Lander in any capadly, without the written oonsart of Lender. Governing Lavv. Tfdrl Dead of Trust will be governed by federal last applicable to Lender and, to the extant not Preempted by federal law; the laws of the Slate of Wtehldgign WhhW t regard to Ila conflicts of law provlsbona. This Deed of Trud has been accepted by Lander In she 9*10 of Washington. Cnolce of venue. If there Is a lawsuit, Grantor agrees upon Landers request to submit to the Jurisdiction of the courts of Plarce County, State of Washington. No Waiver by Lender. Lender that not be deemed to have valved any rights under this Dead of Trust uNaas such walvar Is gtvan In writing and signed by Lander. No delay or omission on the pad of Lander In warclafng any right shalf "rate as a walvw a1 such right or any other right. A walver by Lander of a provision of this Deed of Trust ahalf not prejudice or constitute a waterer of Lender's right otherwise to demand strict compilance with that provision or any other provision of this Dared of Trust. No pdar walver by Lender, nor any course of dealing between Lander and Grantor, shall 20060316001636.007 DEED OF TRUST (Continued) Page 7 constitute a walver of any of Lander's rights or of any of Gr AWA oblgalcns as to any future transactions. Whamer the consent of Lander Is required under this Dead of Trust, the granting of such cars" by Lender In any Instance shall not consltuis continuing oolmerd to subsequent instances where such consent Is required and In al asses such consent may be granted or withheld In the sale discretion of Lander. Beverablttty. If a court of competent jurls"on finds arty provsWn of this Dead of Trust to be Magal, Inyatld, or unenforceable as to any ofroumstance, that finding shall not make the offendirvg provision Illegal. Invd2d, or unenforceable as to any other circumstance, t feasible, Be offending provision shall be considered modified so that It becomes legal, valid and enfamble. If Via OW dlrrq provision cannot be so mod led, It shelf be considered deleted from firs Deed of Trust. Unless otherwise nrgrimd by law, the Illegally, Invefidtty, or unanforceabllity of any provision of this Dead of Trust stet riot affact the legality, validity or entarceabllly, of arty, otter provision of this Deed of Trust Sucoeesors and Assigns. Subject to any Imitation stated In this Dead of Trust on Iransfer of prantoes Interest, tNa Deed of Trust shall be bindbg upon and inure to the benefit of the parlor, their suddesstrs and assigns. It owrenhip of the Properly becomes vested In a pawn other then Grantor, tender. without noibe to Grantor, may dent with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligatlona of this Deed of Trust or labtilly under the Indebtedness. Time Is of the Essence. Time is of the serene in the parformance at IMa Dead of Trust. Waiver of Homestead Exemption. Grantor hereby releases and walves all rights and benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capharxod wads and terms shall have the following maadngs when used In this Dead of Trust. Unless. specifically stated to the contrary, as retwermw to dollar amounts shall mean amounts In lawful money of the LWIad States of America. Words and terms used In the singular stall include the plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise dented in this Dead of Trust shall have the meanings attributed to such fame In the Uniform Commercial Coda: Beneficiary. The word "Benellctany' means FroalerBank, and Its suoceason and assigns. Borrower. The word "Borrower" means KD PROPERTIES-BENSON, LLC and Includes al rxssignenc and co-maltem elgrAng the Nate and all their successors and assigns. Dead of Trust. The words "Deed of Trust' mean fits Mad of Trust among Grantor. Lander, and Trustee, and Includes without limitation all assignment and securely interest provisions Waiting to the Personal Property and Rents, Default The word "Osfaull" means the Default set forth In this Dead of Trust In the section filled "DefaWl". Event of DoraWL The words 'Event of Detauir mean any of the events of default set forth In this Deed of That in the events of default sealon of this Dad of Trust. Grantor. The word "Grantor means KD PROPERTIE"ENSON, LLC. Oua7rtt0r. The ward 'Gusrenlor mum any guarantor, surety, or accommodation party of any or so of the Indabtedness, Guaranty. The word 'Guaranty' mesas the guaranty from Guarantor to Lander. Including whhoul Imitation a guaranty of all or part of the Note. Improvements. The word 'Improvements' means as exlslIng and future Improvements, buildings, structures, mcble homes affixed an the Real Properly, facillffes, addillone. replaoemenls and other construction on the Rasi Property. Indebtedness. The word 'tndebledwe means all principal, Interesl, and oBer amounts, coats and menses payable under the Note or Related Documents, together with all renewals ol, axkwzldns of, modifications of, consolidations of and substlWons for the Note or Related Documents and any amouma expended or advanced by Lander to discharge Grantees obligaltons or expenses Incurred by Trustee or Lender to enforce Grontoet obligations under tits Dead of Trust, together with lrteraal on such amounts as provided in this Deed of Trust. Lander. The word 'Landor moans Frontiar Banc, Its suoaassors and asslgm. Note. The word'Note' means the promissory note dated March 10. 2006. In the original principal antount of 52,M,000.0D from Grantor to lender, together with as renewals of, extensions of, mod*Atoas of, relinancings of, consafidatlons of, and subsiltUtions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE?. Personal Proparty. The words T'sraorral Properly mean at aqutpment, Mures. and other articles of personal properly now or hereafter owned by Grantor, and now or hereallar attached or aflixad to the Real Property; together with al accesslons, parts, and additions to, all replacements of, and all subslhutons for, any of such properly; and together with AR twuss and profits thereon and procesds Qncluding without Imhatlon all Insurance proceeds and refunds of premiums) from arty sale or other disposllon of the Property. Property. The word 'Property' means collectively the Real Properly and the Personal Property. Real Property. Tho words 'Real Property" mean the real property, Interests and Aghte, as fuller described In this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, guarantee, security agraements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter exiting, executed In connection with the Indebtedness; provided, that the environmental indemnity agreements are not'Ralsted Documents` and are not secured by this Deed of Trust. Rents. The word "Rants means al present and future rents, revenues, Income, Issues, royalties, profits, and other benetls dedvad torn the Property. Trustee. The word'Trusles+' means FIRST.AMERICAN TITLE COMPANY, whose malting address m 2101 FOURTH AVENUE, STE 600, SEATTLE, WA 981.21 and any substitute or suocesaortustees. 20080315001636.008 DEED OF TRUST (Continued) Page 8 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF " / f j f )SS COUNTY OF ) On this day 20 before Notary Public, personally appoered MI£f DAVIS. M v - a e undersigned S-9ENSON, LLC, and personally known to me or proved to me on the basis of eaWraclory evl onaled agent of the limited liability domparry the emlled that executed her Deed of Trua1 and acknowlsdge and votunWy sot and dead of Iisbltry company, by authority of statute, IG lion g a7soment, for the uses and purposes therein onad and on oath ft d t he autl� 'G I tY j+to h Dead of Trust and in ladexecuted the Dead o to ri t# half of the !I C*a {r����� Sy 2007 : R*ing at flotary Pubdo In and for the Stale of COMPANY STATEOF COUM OF On this tot day of _ Nolmy ublo. Personally appeared JOHNATI known to me or proved to me on the basis of i company that meouted the Deed of Trust end the [Im[kd liability company, by authority ci t purposes [herein mentioned, and on oath at wlaculed the Deed of T96M tjphan_gf lt#;w Notary Public In and for the Stele of t_riy 2007 • 1 . 20 cif before me, the undersigned KD PROP RTl< SON, LLC, and pemonaly a member or deatgnated agent of the Ymifed liability A. Trust to be the free and voluntary act and dead of �n or Its operating agreement, for the uses and RQR*d to execute INs Deed of Trust and In tot �tapf oommtaslon exptres�