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HomeMy WebLinkAboutLUA-04-071DATE: TO: FROM: SUBJECT: CITY OF RENTON MEMORANDUM September 302004 City Clerk's Office Arneta Henninger X7298 PARKVIEW HOMES FINAL PLAT LUA 04-071FP preliminary plat LVA 02-061PP CAMAS AVE NE AND NE 24TH ST Attached please find the above-referenced original mylar, and four copies of the mylar for recording with King County. The recording instructions in order are as follows: 1. Record the plat. 2. Record the Declaration of Joint Access, Utilities and Maintenance. 3. Write the recording number of the Declaration of Joint Access, Utilities and Maintenance on the face of the plat on sheet 2 in the blank line under Plat Notes number 4. Please have the Courier take these documents via: 4-hour service 10:00 AM deadline. A check in the amount of$15.73 is attached. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000/007.5590.0060.49.000014. Please call me if you have any questions. Thank you. cc: Neil Watts Kayren Kittrick Sonja Fesser Jan Conklin Patrick 6th floor .:'~ :.:" :": ", PMENT PLANNING DEV'6i~ OF RENTON JUN 23 2001t ~\Et~~VED This SplCC ne.c"",d I'or Reconlcl's u~ ~.~ ~ Filed ror Record Ilt Rcquest or Sammamlsh Escrow, Xnc. AFTER RECORDING MAIL TO: 1P~ame ________ ~K~EUI~T~H~P~~P~EAH~P~SL-____________________________ _ Address "JOB HE 24TH sr -CiiY. Stete. Zip RENTON. W'A 98056 Escrow number: 94424B :;! Statutory Warranty Deed u:> o o THEGRANTOR LORIE H. REEVEs-mUTE, AN I1NHARRIED.PERSON, AS HER SEPARATE ESTATE N 1.1) o for Ilnd In consideration of TEN DOLlARS AND OTHER COOD AND VALUABLE CONSlDERATION ~ a") in hand paid, conveys and wanants to KEITH D. DEMPS AND ANNETTE B .. DEMPS, HUSBAND AND WI FE ". ~ ...... ~ ~ ~. ... the following descrihcd real eslllte. situated In the County of KING ,SIll!!, ofW:uhinglOn: .': _ I~ THE EAST HALF OF TRACT 223, C.D. tlILLMAN'S I-'\KE W'ASHINGTON GARDEN Ot" EDEN "~ .. H· ADDITION TO SEATTLE DIVISIOt~ NO.4, ACCORDINC TO THE PLAT THEREOF. RECORLIED IN :! -, i ~ VOLUHE 11 OF pum. PAC"S) .2. ,. "NC COUNTY •• ".'NCTON. ~=IU ~ -~. i9_L; SUBJECT TO: . Ali EASEMENTS. RESTRIcTIONS, RESERVATIONS. CONDITIONS, COVENANTS AND AGREENENTS OF RECORD AS SHOWN ON "EXHIBIT AM ATTACHED HERETO. APPROVED AND ACCEPTED BY: ~.Rf?/~ a-:",,-,,~ ~ ~. DL'-y\(?~ Dated this 13 day of Hay • 1994 ~M~EV~.0.h..~ .. t.? .......... By Dy .............................................................................................. By STATE OF WI\!'HUtUJ.'t.QtL_ .. _. _._ .• __ . __ } COUNTY OF lUtiC;L ____ ._. _____ :.._ 55 I certrry Ihal I know or have satisfactory evidence tnat LORI H. RE~~ ...J.!L. the person__ who appeared belore me. and said person __ acknowledged that ~ signed this Instrument and acknowledged It to be...hJu:...-free and voluntery act for the uses and purposes mentioned I~~~~t. / _f' ' Ooted: --C ._' ;l~~h"7"iZ---"..-.., m~-.:~, <~;,,,r r 0 ('\/? '7./'7 C\ !!Sf ~OTAFiU'1'~·"":z.\ '-Q ..... eo .... (. .... C' >4>t' c?~ . ~ i ---~ IRENE C. BALLEW' ~ <!3. \ fUBL~ ~; Notary Public In and for the State of ...lla.StlllliIT.QuN ____ _ "~,,.~,~ ~ ,&0; . Residing at ~ __ -::-_____ _ f."O;: WAS·t-\~ ... :;; My appointment e)(plres: ...l.~am ___________ -, """~"'"~''' £~375553 O~/20/i994 2849.00 ~60000.00 LI'II-IO l '1!lP." ,. 4. :. I ~. I: , .. -.-.=-=.-==-=-.. --~----....... -----------.' -~ • ••• -l~" 10 = I • .. .; ... ~ -' .... EKHIBI'I' "An " 1. rtELEASE Of' DJ\KJ\CE AOREEHEN'l' J\Ifl) TIlE TERMS AJID CoNDITIONS THEREOF, DETWEEN: AND I rtECOnDED: rtECOnDXUe nUHBER, OWNERS KXnG COUNTY PEDRUAnY 4, 1959 499:1001 RELEASING KINe COUNTY FnOM ALL FUTURE CLAIMS FOR DAMACES RESULTINC FUOK. ANY DAMACE TIIAT MAY DE CAUSED BY TilE tlA'l'l1RAL FLOW OF SIffiFACE WATER FnOK TilE PLAT OF .:I.E. CATTEN NlDI'rrON. I .. I.., -.-------~--..... !aIII!I ...... -... -MllllW--..,.. .... • • C 'e - 2~·~·· ·0· e." . ,4 •• "' « .1. "'" IItld . .... . '~,'!u-st tL""t~:.~ . .,. .... ~ !!'IS ~_ tllat. the1 &Joe theCllmll'I (MDaAt;, ~) of toW ~pu'OOIl. .Qt',laId -...n.bed." toll.$U. '. : . FEB 4 1959 ,"' . ..... . • -:--. I' ~ :, . . " ...... \' '.' .:)" ;'.' '" ... ,.~"' ',", ..•.... : ... ".: ';",'. .. ' ... ~. .. ..... ,.6.... "," I.~ ~" ,'. ,', . :" -~ ! . ',. :'; \\~ lEN IIECOROED RETURN TO: Olllcv of Ih. clly c1~'k ,/ Ron,an Munldp~1 Dulldlng 200 MUI Av~n\l.Soulh Ilon,un. WA 91!U55 o CITY OF RIiNTON SANITARY SE'.'qER EXTENSION AGRIiEMENT DAn Ju RECEIVED AUG 1 9 1994 I. We ____ ...;1:;;.,:'[;:,:. I:.:.T:.:.II..:D~FJ~IP:.:.S:....-______________ owner(s) of Address 2308 He 24TH s.. ReNTON WA. 96Q56 King County Tax Account 1(334390-0660-0 legaUy described lIS fonows: TIlE EAST HALF OF TRACT 223. C. D. HILLNAN"S LAKE WA511INGTON GARDEN OF EDEN ADllITION 'ro SEA'IiLB DIVISION NO.4. ACCORDING TO TilE PLAT TIIEREOF. RECORDED IN VOLU~IF. II OF PLATS. PAGES(S)B2. LN KING COUNTY. WASHINGTON; for and 10 cOnSldenUon of the Renton Sanitary Scwcr Department grnnUng II permit to connect to a sanlury sewer ~In . W M-tb :sr for the IIboye property. HNI~ . ornle ownet(s) of the aboye-<lescrlbed property, their successors. heirs and IISSJgns, hereby Dgree :md coVenant: 1. To partlclpllte In. sign a petition In support of. :lnd :lceept any LocnJ Improyement District (1.10). 2. To participate In 01' sign apetilion In support of lIny other Clty·lnIU:lted propos:al, other than an UD. and pay their fall' sh:tre thereof. 3. Otherwise f1nanclally or physically participate 10 any propos:ll. Clty·lnIllated or otherwise, forlhe purpose of extension of the sanitary sewer main In W 2k -f1:. ST when required by the Renton SubdiVision Ordinance or as directed by the Admlnlstrator of Public Works. Despite the langullge In City Code SectionS-S-2(d) the undersigned will COMect to a sanlury sewer. !=ven Ir such sewer is InstA1led by Il developer for the purpose of meeting platting reqUirements lind the undersigned Is not an owner within the confines of slIld plat.· . REOF I (w.:) have hereunto Sci my/our hand(s) :md seal the d:ly and year L:Z:~ L ___ {~.~) AUG 11994 KING COUNTY HF.COROER STATEOFWASHINGTON ) ) 55. COUNlY OF KING ) ;; ...... (Se:tJ) I, ANNEITE DENPS , a Not:lry. Public In and for the State of Washlngton, residing at 2302 NE 12TII , do hereby certify th:lt on thls..1L dllY of JULY • 192!!. person:illy Ilppeared before me I:EITII DE~IPS , to me known to be the Indlvldual(s) described herein and who executed the wlth10 instrument and acknowledged thllt ~ signed and scaled the 5:1me lIS free :md volunury act and deed for uses and purposes therein mentioned. WITNESS my hand lind official seal the day nnd YClir In this certUlClite first above written. -:tt.. . ~. / TT'i'tf-OClS"O' O-"-I""'U:.,...\.. ~ ~p..LJ ,-/°Vt:'Oo(;1f,S35.;.t),4-9.1'f Noury Public In :md for the SUte of Washington. residing lit 2302 HE 12TH f/fOMu/rrop-mwnl/uneuJVf>II)-?IJllh If. .... ~ u' . .. . , ;.i ~[ iii-,;;;Sf: :; 2:: ; ... ' .• 4 ." RETURN ADDRESS: BOEING EMPLOVEES' CREOIT UNION P.O. BOX 97060 Seattle, WA 811124-8760 PACtFtC NY TXT DT 23 .•• 19881201000408 PAGE "I iF eee ~"8160O=Tv~·~· FrLEDBY PNWT DEED OF TRUST 'C /~ -0 W 2..0<...{ 0-b Aaalgnnient of Renta and Security Agreement Reference # (If applicable): 31 0535660613YSIAddltlonai on page __ Gran~or(6): 1. Demps, Annette B 2. Demps, Keith D Grantee(s)/AsslgneelBeneflclary: BOEING EMPLOYEES' CREDIT UNION, Beneficiary Pacific NW Title Company, Trustee Legal DescriPtion: A PTN OF TRACT 223 ..... C.D. HILLMAN'S LAKE 'WASHINGTON GARDEN OF EDEN ADD Tv SEATTLE OIV NO.4, V 11, PG 82, IN KING COUNTY. Assessor's Tax Parcel 10#: 3343900860 PO Additional on page 2 THIS DEED OF TRUST IS DATED NOVEMBER 23, 1999, among Annette B Demps and Keith D Demps, husband and wife, whose mailing addresa Is 2308 NE 24th Street, Renton, WA 98056 (referred to bBlow as "Grantor"); BOEING EMPLOYEES' CREDIT UNION, whoae mailing address I. P.O. BOX 97050, Seatue, WA 98124-97&0 (referred to below .omeUmea a. "l;ender." a~d s'omtiiUmes' lie "Beneficiary",); al1d-Paclftc NW 'I'HIe' COmpany, whOse mailing address I. 1201 Third Avenue, Suite 3800~ Saattle, WA 98101 (referred to below aa "Trustee"): c::o = -:> = ::> c::> or c::::> :::> :::> :::> c::> c--... ::::::> c--.. en en . ..".., c:r> c:r> en .- 11-23-1999 Loan No 535 66 0613 DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GRANT. For valuable coneIdenIlIon, Oranlor convey. 10 Trual_ In trulll wit ... power 0' "'e, rtght 0' enlly .... d poaaeaeaon and for lhe beneftl or Lender lIS se-ftCIaIy, all of Granlor's righi, ~ne. end Inleresl In end 10 lhe follOWIng described t88I property, together with em 8Xlsllng or lIubaaquenlly eractad or affixed buildings, Improvements and Ibctures; ell easements, rights of way, and~ appurtenanoea: aU weter, weier rights and ditch rights (Including slack In utilities Wllh dllch or Imgallon rights): end all ol~ rights, royalties, and profits relating 10 the t88I pr~!'IY, IncludIng Wllhout I"rutabon all minerals, oil, gas, geothermal and similar mattera, located In King County, State of Waahlngton (the "Real Property"): n-tE EAST HALF OF TRACT 223, C,D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDmON TO SEATTLE, DIVISION NO.4, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE(S) 82, IN KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO EASEMENTS, COVENANTS, CONDmONS, RESTRICTIONS AND PROVISIONS OF RECORD, IF ANY. The Real Property or Ita addreaa la commonly known 8. 2308 NE 24th Street, Renton, WA 98056. The Real Property tax ldenbllcatlon numb_ IS 334390 0B60 00. Grantor hereby assigns as security to Lender, all 01 Granlor'1I righi, tille, and Inleteslln and to a11laases, Rents, end profits of Ihe Properly. Thts assignment Is recorded In accordance With RCW 66.08.070: the hen CI'98Iad by thts assignment IS Intended to be specofic, perfected and choata upon Ihe recordIng of Ihls Deed of Trust. Lender grants to Grantor a hcense 10 collecl the Rents and prOfits, which license may be revoked at Lender's option and shall be automatically revoked upon acceIaraUon 01 alt or part of Ihe Indebledness. 2. DEFINITIONS. The follOWIng words shall haw the following meanings when used In Ihls D_d of Trust. Terms not olherwlse defined In thIS Deed of Trust ahall heve lhe meanings sttrtbulad to such terms In the Uniform Commercial Code. All references 10 dollar amounls shall mean amounts In lawful money of the United Stales of AmerIca. Beneficiary. The word '13enellcoary" ..-ns BOEING EMPLOYEES' CREDIT UNION, Its successors and assIgns. BOEING EMPLOYEES' CREDIT UNION also Is relerred 10 as "Lend ..... In Ihls Deed of Trusl. Credit Agr_ment. The words "Credit A~enl" mean .he revolving credit .greemen. dated: November 23, l_, with a credit IImll In the amount of $100,000.00, belw_n Grantor and Lender. togelher wllh all renewsls, extenSions, modillcatlons, refinancings; and substitutions tor the Credit Agreement. NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARiABLe INTEReST RATe. ~ ot Truat. The words "Dead of Trust" mean thIS Dead of Trust smong Grantor, Lender, and Trustee; end Includes wllhout IImllalton all assignment and security Interest prolllsions relating to the Personal Properly Bnd Rents. Exlsllng Indebtedne... The worda "ExIsting tndebtedness" mean Ihe Indebtedness described below In the ExIsting Indebledness section ollhls Deed 01 Trust. Grentor. The word "Granloo" means any Bnd al\ persons and entities executing this Deed of Trust, IncludIng without hmllabon ~Annette,B,Demp$ ,1lIld 1<el!h.,D.DernPs. ~ Guarantor. The word "Guarantoo" means and Includes Without Ilmltabon any and all guarantors. surellea, and accommodation partIes In connectoon with the Indebtedness. Improvement.. The word "Improvements" means and Includes WIthout IImltallon all existIng end tulure Improvements, bUIldings, slructures, mobile homes affixed on lhe Real Property, facilities, additions, replecemenls and olher conslrucbon on the Real Property. Indebtedn..... The word "Indebledness" ..-ns all pnnclpal and Interest payable under the Credit Agr_mant and eny amounts &xpended or advanced by Lender 10 dIscharge obligations cf Grantor or expenses Incurred by Truslee or Lender 10 enforce obligations of Grantor under this Deed 01 Trusl, together with Intarest on such amounts as prolllded In this Deed 01 Trust. Specifically, williout limitation, Ihls Deed of Truat _es a revofvlng line or cnNIIt, with a variable rate or Int_at, which obligate. Lender to make edv_ 10 Gnlntor up to the credit limit _ lOng _ Grantor compile. with all tha lenna of the Credit Agreemenl .... d the line or credit has nol been terminated, _...,ended or cancelled. Such adVance. may be mode, repaid, and remede from lime to lime, subjecl 10 .he IIml ... lon Ihel the lolal ....... andlng balance owing at -r one lime, nol including fI~ charge. on such """"ce al s fixed or variable rate or .um .. provided In the Credit Agr_enl, any lemporary overage., other charge .. and any .....-ant. expended or advanced .. provided In thl. paragraph, ahall not exceed the Credit Umlt .. provided In Ihe Credit AgI'eemenl. II Is the Inlenllon 0' Gr_.or and Lender thai thl. Deed 0' Tru" aecu ......... balance out.landlng Under the Credit Agreem_t from lime 10 lime from zero up to the Credit Umll as provided above and any Intennadlate balance. Fund. may be advanced by Lender, repaid, and eubaequently ~vanced. The unpaid balance or lhe ~revofvlng line of credll may at certain lime. be loWer tlYn lhe amount shown or zero. A Zllt'0 baience doe. not terminate lhe line or creesll or terminate Lencltw'. obligation to edvance fUnd. 10 Gnntor. Therefore, Ihe lien 0' this Deed of Trust will remain In fUll torce and effect nolWllhslandlng any zero balance. Lender. The word "Lender" means BOEING EMPLOYEES' CREDIT UNION, Its successors and USlgns. Pen.onal P~. The wcrds "Personal Properly" mean aD eqUipment. fixtures. and other articles of personal property now or hereafler owned by Grantor, and now or hereafler attached or atllXed to the Real Propeny; together with all accesSIons, parts, and addlbons to, all replacements of, and all substltubons for, any of such property; end logether wllh all Issues and profits thereon and proceeds (Including wlthouilimilation all Insurance proceeds and refunds of premiums) from any sale or olher dlsposlnon 01 Ihe Prcpeny. Property. The word "Property" means eollectlvely the Real Property and the Personal Property. Real PrOJMWlY. The words "Real Property" mean Ihe properly, Inlerests and nghts descrtbed above In the "Conveyance and Grant" section. Reillted Documenta. The words "Relaled Documents" ..-n and Inolude Wlthoul IImltanon all prolTllssory noles, credit agreements, loan sgr_ments, enVIronmental aar_menls, guaranlles, secunty agr_ments, mortgages, deads of trusl, and all other Instruments, agreements and documents, whether now or hereafter exiallng. executed In conneotoon with the ~ Indebtadness. Renl.; The word "Rents" means all present and future rents, revenues, lneoma, issues, royalloes, prOfits, and other benefits derived trom the Properly. Tru"_. The word wrrustea" means Paclllo NW 1111e Company and any aubslltule Dr successor trustees. ...... 11-23-1999 Loan No 535 66 0613 DEED OF TRUST (Continued), Page 3 THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF EACH AGREEMENT AND OBLIGATION OF GRANTOR UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: . 3. PAYMENT AND PERFORMANCE. Except .... otherwise provided In this Deed of Trust, Granlor ahall pay 10 Lender all amounla secured by this Deed ot Trusl as they become due, and shall stricUy end In a timely manner perform all ot Granlor's obllgallons under the Credll Agreemenl, thIs Deed ot Trwl, and lhe Relaled Documents. 4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor ag_ lhal Granlor'a possessIon and use 01 Ihe Property shalf be governed by the followtng provisions: ~.alon and UN. Until the OCCUrTence of an Event of Default, Grantor may (a) remain In possessIon and control of the Property, (b) use, operate or manage the Property, and (c) collect any Rants from the Property (Ihls privilege IS a lI_nae from Lender to Grantor automatically revoked upon default). The loIIowtng provisions ralate 10 the Ufie of the Property or to olher limitations on the Property. The Raal Property Is not used principally for agnculture or farming purposes. DUty to Maintain. Grantor shell maintain lhe Property In lenantable condillon and promplly perform all repairs, replacemenla. and mainlenance necessary 10 preserve,,1Is value. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "raiease," and .,hreatened release," as used In this Deed of Trusl, shall have Ihe same maanfngs as sal forth In Ihe ComprehensIve Environmental Response, Compensatlon. and UabUIIy Act of 1980. as amended, 42 U.S.C. SectIon 9601. et seq. ("CERCLA"), Ihe Superfund Amendmenla and Reauthonzatlon Acl of 1988. Pub. L. No. 99-499 ("SARA"). lhe Hazardous Metenals Transportation Acl, 49 U.S.C. SectIon 1801, el aeq., the Resource Conservabon and Recovery Act. 42 U.S.C. Secllon 6901. et seq •• or olher applicable state or Federal laWs, ruIn, or regutabons adopted pursuanl to any of the foregOing. The terms "hazardous waste" and "hazardous substance" shalf also Include. wllhout IImltallon, petroleum end petroleum bv-products or any fracllon thereot and asbestos. Grantor represenla and warTanla to Lende<' Ihet: (a) Dunng the period 0' Grantor's ownershIp of Ihe Property. there has been no use. generallon, manufaolure. storage, tr_tmenl. disposal, retaasa or threatened release of any hazardoUS waste or substance by any peraen on, under. abouf or from the Proparty: (b) Grantcr has no knowledge of, or reason to belIeve that there has been, excepl as prevloualy disclosed to Qnd acknowledged bV Lender In wrlUng. (I) eny use. generation, manufecture, storage, treatment, disposal, release, or threatened release 0' any hazardous wQste or substance on. und8f', about or from the Property by any prior owners or occupants 01 the Property or (II) eny aolual or threatened IIHgalion or ctalms ot any kInd by any person relabng 10 such matters: and (c) Except as previously dISClosed 10 and acknowledged by Lender In wrillng, (I) neither Granlor nor any tenant, contractcr, agent or other authorized user 0' the Property shall use, generale. manulacture, slore, treal, dispose of, or relaase any hazardous waste or substance on, under, about or from Ihe Property and (II) any such acllvlty shall be conducled In compliance With all applicable federal. slale, and local laws, regulallons and ordInances. Including wlthoul IImllaHon those laws, regulaHons. and ordInances deScribed above. Granlor aulhortms Lender and lla agenls 10 enter upon Ihe Property to maka such tnspectJons and tesla, al Grantor's expense, as Lender may deem approprlata to determine compliance cl the Property wllh thIs section of the Deed of Trust. AnV Inspections or tesla made by Lender shall be lor Lander's purposes onty and shall not be construed to create any responsIbility or IIabUlty on the pari ot Lender to Grantor or 10 anv other person. The representations and .warranlles conlalned herein are based on Grantor's due diligence In Inveshgatlng the Property for hazardous waste and hazardous substances. Grantor ~y (a) relaases elJd , ~a!~ .. any. future .• ~lmfi,,~glt!OS'. L,er.1d."r,.,fC)r .. I!1~ml}l!Y.,or.,. cpn!f:lb!,l1!i;)'1' 1f)}heA~V8!1t. ~ra.m~, ,~~omas · .. II.~.ble tor claanup or other costs under any such laws. and' (b) sg_ to Indemnify and hOld harmlGss Lenoor against any and all . claIms, losses. liabilitIes, damages. penallles, and expe....s which Lender may dIrectly or IndlrecHy sustain or suffer resulling from a braach 0' Ihls section ot the Deed of Trusl or as a consequence of any use, generabon, manufacture, . stcrage, disposal, release or threatened relaase occurring prior to Grantor's own_hlp or Interest In Ihe Property, whether or not Ihe same was or should have been known to Grantcr. The provlslcns of thIs secbon ot the Deed 0' Trust, Including the cbllgatlon 10 IndemnIfy. shall survive the paymenl of the Indebledness and the satlstacbon· and reconvevence ot the lien ot this Doad of Trust and shall not be affected by Lender's acqulslt10n of any Interest In the Properly. whether by forectosure or olherwlse. NuIsance, Waste. Granlor shall not cause, conduct or permll any nuIsance nor commit, perr"'t, or suffer any stripPing of or wasle on or tc the Property or any porUon of the Property. WithOut IImlUng the ganerallty ot the foregoing, Grantor Will not remove, or grant 10 any other party the rtghl to remove, any Umber, minerals (IncludIng 011 and gas), SOli, gravel or rock producls without the prtor written consenl 0' Lender. Removal ot Improvement.. Grantor shall not demolish or remove any Improvemenla from the Real Property Without the prior· written consent of Lender. As a condition 10 the removal of any Improvements, Lander may requIre Grantor 10 make arT!,ngemenla sallsfactory to Lender 10 replace such Improvernenla WIth Improvamenla ot at least equal value. Lender'. Righi to Enter. Lender end lis agents and representatives may enler upon the Real Property at all reasonable Ilm<HI to alland 10'Lander's Interasla and to Inspect the Property lor purposes of Grantor's compliance with Ihe lerms end condlbons of thiS Deed Of Trusl. Compliance Wllh Governmental Requirement.. Grantor shan promptly comply, end shall promplly cause compliance by aU agents. lenants or other persons or enUlln of every nature whalaoever who rent. lease or otherwlSG use or occupy the Property In any manner, with all laws, ordinances. and regulations. now or hereafter In eHect. of all governmental authontlas applicable to Ihe use or occupancy ot Ihe Property. Grantor may conlesl In good faith any such law. ordInance, or regulabon and withhold compliance dunng any proceedIng. IncludIng appropnate appaalS, so long as Grantor has notltled Lender In wriUng prlcr to doing so and so long as. In Landar's sole opInion. Lender's Interests In the Properly are not jeopardl_d. Lender may require Grantor to post adequate security or a surety bond. raasonably satlstaclory 10 Lender. to protect Lender's Interest. Duty to Protect. Granlor agrees neither 10 abandon nor leave unattended Ihe Property. Grantor shall do all other acts, In. addition to those acla 1181 forth above tn thIs section, which from lhe character and use 01 the Property are reasonably necessary to protect and preserve lhe Property. 5. DUE ON SALE -CONSENT BY LENDER. Lender may, al lla option, (a) declare ImmedIately due and payable all sums secured by this Doad cf Trusl or (b) Increase the Interest rate provided for In the Credit Agroament or other document eVIdenCing the Indebtedness and Impose such other condlllons aa Lender deems appropnale, upon lhe sale Dr transler, wlthcut the Lender's prior wrItten consent, of all or any.parl of the Real Property. or anv Intarest In the Real Properly. A "sale or transler" means the convevence of Real Properly or any rlghl. title or Interest therein: whether legal, beneflclat or equllable: whelher volunlary or Involuntaryi whether by oulrtght sale, deed, Installmenl sale contract. land contract, contract for doad, teasehold Interest With a term greater than three (3) years, Iease-optlon contract, or by aaIe. assignment, or transfer of any beneflclel Interest In or to any land trust holdIng lIt1e to lhe Real Property, or by any other method of oonveyance of Real Properly Inleresl. However, thIs opbon shall not be _erclsed by Lander If such exercIse IS prohibited by federal taw or bV WashIngton law. 8. TAXES AND LIENS. The tollowlng provisIons retatlng to lhe laxes end Hens on the Property are a part 01 thIS Deed of · / 11-23-1999 DEED OF TRUST (Continued) Page 4 Loan No 535 _66 0613 Trust. Payment. Grantor shall pay when due (and In all 8\l8nls prior to dellnquenoy) all laxes, special taxes, asseasmanls, charges (Including water and sawer), flnes and Impositions levied against or on account of the Property, and shall pey when due aU claims for work done on-or for services rendered or matertal furnished to the Property. Grantor shall maintain the Property free 01 all liens having prlortty over or equal 10 the Interest 01 Lander under this Dead of Trusl, except for the hen of !axes and _menta nol,due, excepllor lhe axlshng Indebtedness referred to balow, and axoapt as oll>BlWlse prOVIded In Ihls Dead 01 Trust. RighI To Conlest. Grantor may Withhold paymenl 01 any tax, assessment, or ctalm In connecHon wllh a good fallh dispute over the obllgabon to pay, so long as Lander's Intaresl In the Property Is nol Jeopardized. II a Den arises-or IS filed as a resull 01 nonpaymenl, Granlor shall wlthtn fiftean (16) days after the llan an-or, If a lien Is IIled. within I1ftean (16) days allar Grantor has nOboe ollhe fiUng, secure the dlschBtge 0' lhe hen, or I' requestad by Lander, deposll wllh Lander cash or a aulflclent corporale surety bond or on-88CUI1ty satlstactory to Lender In an amounl sUftlCleni to discharge the lien plus any coals and attorneys' faeII or oIher charges that could aocrue as a reBull 01 a foreclosure or sale under the lien. In any contest, Grantor shall defand ItaeH and Lender end shall saltsly any ad __ Judgmenl belore enforcement against the Property. Granlor shall name Lander as an additional obligee under any surety bond lumlshed In the conlesl procaadlngs. Evidence a. Payment. Grantor shall upon demand furnish to Lander satisfaclory evidence ot payn.ant 01 the taxes or assesamenta and shall aulhortza the appropnate governmental olficlal 10 dell ....... to Lander al any bme a written statement of the taxes and assessments agalnsl the Property. Notice 0' ConstructIon. Grantor shan noUIy Lander al laaal flftean (16) days before a':'y work IS commenced, any SftIVlCeS are furnished, or any malariala ara aupplled 10 lhe Property, If any mechanIC's hen, malarlalmen's lien, or oIher han could be asaarlad on aocount 01 the work, B8fV1oas, or materials. Grantor will upon requasl 01 Lander turnlsh 10 Lender advance assurances Sabsfactory 10 Lender Ihat Granlor can and will pay the cost of such Improvements. 7. PROPERTY DAMAGE INSURANCE. Tha lollowlng provisions ralaUng to Insuring the Property are a part Of this Deed 01 Trust. Melnlenance 01 Inaurence. Grentor Shall procum and maintain pollelaa 01 fire Insurance With standard extended ooverage endorsaments on a replacement ba.sIs for the fun Insurable value covering all Improvamenta on the Real Property In an amount sufllclenl to avoid application of any oolnsurance cleu .. , and with a standard mortgagee Clause In lavor 01 Lender. togatr-with such olher ha-.-d and Uablllty Insurance as Lander may reasonably raqulru. Pollclaa shall be Wrilten In lorm. amounts, coverages and basis reasonably acoeptable to Lender and Issued by a company or companies reasonably acceptable to Lender. Granlor, upon req..at of Lander, wdl deliver 10 Lender from lime to lima the pollCl8B Dr carttllcales 01 Insurance In form sallsfactory to Lander, Inctudlng allpuleboos thai coveragatl WIll not be cancelled or diminIShed without at least_tan (10) days' prior written nollce to Lander. Eaoh Insurance polJoy atao shall Include an endorsement providing lhat coverage In favor of Lander Win not be Imp8lrad In any way by any act, omissIon or dafault of GrantOr or any other person. ShOuld lhe Real Property at any lime become located In an area deslgnaled by the Director of the Federal Emergency Managemant Agency as a apectal flood hazard area, Grantor agrees to obtain and malnlaln Federal Flood tnsurance for the full unpaid pnnclpal balance 01 the I_n, up to the ma'"mum polICy Ilmils sel under tha Nallonal Aood Insurance Program. or ss otherwise required by Lander, and to maintain such Insurance for Iha larm of tha loan. Application of Proceed.. Grantor shan promptly noUly Lender of any loss or damage to the Proparty. Lender may make prool-of-loss·I'-Grantor falls --to do '110 wtthln"lIfteen -(16) dliYs 'of-thO -casualty. --Whether-or --not Lender's seounty-IS Impaired, Lender may, at Ita election, r_lve and relaln tt'8 proceeds 01 any Insurance and apply the proceeds 10 Ihe reducUon of the Indebtedness, payn.ant 01 any lien aflacUng the Property, or the restorabon and repair of the Property. II Lender elects 10 appty the proceeds to restoraHon and repair, Grantor shall repair or replace the damaged or destroyed Improvemants In a manner -satisfactory to Lander. Lender shall, upon satisfaclory proof 01 such expendltura, pay or reimburse Granlor from the procaeds for Ihe reasonable cost of repair Dr restorellon If Grantor Is not In default under thiS Deed of Trust. Any proceeds which have not been disbursed wllhln 180 deys aller their receipt and which Lender haS not commlUad to tha rapalr or restorallon of the Property shall be uSed firsl to pay any amount owing to Lander under llus Deed of Trust. than to pay accrued_Interest. and lhe remainder, .. any, shall be appUed 10 lhe prlnctpsl balence oltha Indebtedness. If Lander holds any proceeds afte< payment In tull Of tha Indebtedness, such proceeds shall ba paid wllhout Interest 10 Grantor as Grantor's Inleresls may appear. UnexpIred tnaur_ at SIde. Any Unexpired Insurance shall-Inure to the benefit of, and pass to, lhe purchaser of tha Property covered by Ihls Deed of Trusl at any trustee's sale or olher saJe held under the provisions of Ihls Deed of Trust. or at any lorectosure sale of such Property. COmpliance with existing Indebtedneaa. During Ihe period In which any Exlsltng Indebtedness descnbed below IS 10 effecl, compUance with the Insurance provisions contained In the Instn.tmenl evldanclng such ExIsting Indebtedness shall constltuta compliance with the Insurance provisions under this Dead 01 Trust, to the axlent comphance with lhe terms of this Dead ot Trust would conslttute a -dupUcaUon of Insurance reqUirement. If any proceeds from the Insurance becoma payable on loss, the provisions In this Dead of Trust lor division of procaads shall apply only to that portion 01 the proceeds not payable to the hOlder 01 the existing Indebtedness. •• EXPENDITURES BY LENDER. "GrantDl" lalla to comply with any provision 01 this Deed 0' Trusl, Including any obllgahon to maintain ExIsting Indebted_ In good standing as required below, or " any action or proceeding 1& comn>anced thai would materially affect Lender's Interests In the Property, Lander on Grantor's behalf may. but shall nol be required to, take any ecHon thtst Lander deerna eppropnate. Any amount that Lend .... expends In ao doing WIU bear In_t at the rate provided for In the CredH Agreement from the data Incurred or paid by Lander 10 the data 01 repayment by Grantor. AU such expenses, at Land ..... s opUon, wlU (a) be payable on demand, (b) be added to the balance of lhe credit Une and be apporUonad among and be payabla with any Installment payments to become due during e\Iher (I) the term 01 any applicable Insurance policy or (II) the remaining term of the Credit Agreement, or (a) be treated as a balloon payment which wlU be due and payabla at the Credit AQraemenfs maturity. -This 0eecI of Trust also will secura payn.ant 01 th_ amounts. The rlghls provided lor In this paragraph shall ba In addllton to any other rights or any ramedles to which Lander may be entitled on account of the datsull. Any such acllon by Lander shall not be constn.ted as curing lhe default so as to bar Lender trom any ramedy that H otherwise would have had. 9. WARRANTY; DEFENSE OF TITLE. The following prOvisions ralaHng to ownership ot the Property are a part of Ihls Dead 01 Trust. -Tille. Grantor warrants that: (a) Grantor holds good and marketable Utle of record to the Property In faa Simple, tree and olear of all Dens and encumbrances other than Ihose set forlh In the Real Property description or In tha ExlsUng Indobladneas aactlon below or In -any Ulta lnaurance policy, bUe report, or flnal tllta OPInion Issued In favor ot, and accepted by, Lander In connection with this Dead of Trust, and (b) Grantor has lhe full rtght, power, and authority to executa and deliver this Dead 01 Trust 10 Lander. Deten_ 0' nile. SubJect to lhe exception In the paragraph above, Grantor warrants and will forever defand the Utle to the Property agalnsl the lawful ct8lms of all Persons. In the event anyacHon or proceeding Is oommenced that queshons Grantor's title or tna Interast of Trwtee -or Lander under this 0eecI of Trust, Grantor shall defend the action at Grantor's expense. Granlor may be Ihts nominal party In such proceeding, but Lander shall be entitled to parhOlpale In the co = -#" <= = = .- 11-23-1999 Loan No 636 66 0613 DEED OF TRUST (Continued) Page 6 proceeding and to be represented In tha proceeding by oounsel or Lender's own choice, and Grantor will dallY8r, or cause to be delivered, to Lender such Instruments as Lender may reqlMSt Irom lime to lime to permit such parttclpatlon. CompI~ce With '--8. Grantor warrants Ihal lhe Property and Granlor's use ot the Property compiles With all _hng applicable laws, ordinances, and regulallons ot governmental author1l1es. SUrvival 01 ReprelMtnta'lton end Warranlle.. All representallons and warranlles contained In this Deed of Trust shall survive lis execution and dallvery. 10. EXtSTtNG INDEBTEDNESS. The tollowlng prOvisions concemlng existing Indebtedn_s (the "Exlsllng Indebtedness") are a part of Ihls Deed 01 Trust. exIsting lien. The lien ot this Deed ot Trust securing the Indebledness may be secondary and Infenor to an alClsllng lien. Grantor exprassly covenanls and ag..-10 pity, or _ to the payment ot, the EXlsllng Indebtadness and to prevenl any detault on such Indebtedness, any default under the Instruments evidencing such Indebtedness, or any delault under any securtty documants tor such Indebtedness. No Modlncallon. Granlor shall not enter Inlo any agreement wllh Ihe holdar ot any mortgage, deed ot trust, or other securtty agreement which has prlonty over this Deed ot Trust by which that agreemant 18 modilled, amended, extended. or, renewed wlthoul Ihe prior wntlen consent ot Lender. Grantor shall neither request nor accept any future advances under any such securtty agreement without the prior wrlHen consent of Lender. n. CONDEMNATION. The following prOvisions relating 10 condemnallon proceedings are a part ot this Deed of Trust. Aaalgnment 01 Proceeds. Granlor herQby assigns 10 Benaftclary all rtght, IlHe and Interest of Grantor In any award, sal1l8ment, sala or purchase, claim tor damages (direct, Incldantal or consequential) or any other proceeds due In connection with any condemnation or other taking ot all or part of the Property or for conveyance In hau of condemnation, all whether now or hereafter existing (hereinafter ratarred to as "Condemnation"). Application or Nat Proceed.. Upon any Condemnation, Lender may at lIS election require that all or any portton Of Ihe nel proceeds of the Condemnation ba applied to the Indebtedness or the repair or restoration of tha Proparty. The net proceeds of the Condemnallon shall mean the amounl after paymant of all reasonabla costs, expanses, and B"orneys' tees Incurred by Trustee or Lender In connactlon with lhe Condemnatton. Proceeding.. It any proceeding In condemnation Is flied, Grantor shall promptly notlly Lender In writing, and Grantor ,shall promptly take such sleps as may be necessary to defend the aclion and obtain lhe award. Grantor may be the nominal party In such proceeding, but Lender shall be entilled to partICIpate In the proceeding and 10 ba represented In Ihe proceeding by counsel of Its own choloe all at Grantor's expense, and Grantor will deliver or causa to be delivered to L.ender such Instruments as may be requested by It from time to time to permit such parttclpatlon. 12. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following prOViSions relallng 10 governmental taxes, teas and charges are a part of this Deed of Trusl: Current Taxea, Fees and Charges. Upon request by Lender, Grantor shall execute such documenls In addilion 10 thiS Deed of Trust and take whalever other aoHon Is requested by Lender to perfect and continue L.ender's hen on the Real Property. Grantor shall rehnburse Lender tor all taxes, as dascnbed below, logether with all expenses Incurred In recording, perfecUng or conHnulng Ihls Deed at Trust, Including without IImltallon all taxes, teas. documentary stamps, and other charges tor recording or registering this Deed ot Trust. Taxa.. The lollowlng shall constitute taxes 10 which this section applies: (a) a specltlc: tax upon thiS type of D_d of Trust or upon all or any part at the Indebtedn'ess seCured by Ihls Deed of Trust; (b) a speclflc tax on Grantor which Grantor IsauthorlZl8d ,~r ,required to da<:tuctlrom, pay."'e,n\& .. on "t~" ''1c!,aI:)~l)88s .. aecurea, ,bY"lI)Is,type o!,pae~ 01 Trust; (c) a' tax on thiS type ot'Deed 'ot'Trust chargailbla against the Lendai' onhe' holder onhe Credit Agreement; and (d) a specillc tax on all or any portion of the Indebtedness or on payments of principal and Intareat made by Grantor. SUbsequent Taxes. II any tax to which this seclion applies Is enacted subsequent to the dete of this Deed of Trust, thiS evant shall have the same etlacl a8 an Event of DetauH (as daflned below), and L.ender may exarClse any or all of Its available remedies for an Event of Default as provided balow unless Grentor either (a) pays the tax before It becomes delinquent, or (b) contests the tax as provldad above In the Taxes and Liens section and depOSits with L.ender cash or a sufficient corporate surety bond or other ,lI8Cunty sallsfaclory to Lender. 13. SECURITY AGREEMENT: FINANCtNG STATEMENTS. The tollowlng prOVisions relating to thIS Deed of Trusl es a security agreement are a part ot this Deed of Trust Security Agreement. This Instrument shall constitute a securtty agreemenl to tha extent any of Ihe Property constitutes IIxtures or other personal property, and L.ander shall have all of the rlghls of a secured party under the Unllorm CommerCial Coda as amended from lime to lime. Securtty Intereat. Upon request by Lender, Grantor shall execute financing stalamenls and take whatever other acllon IS requesled by Lander to pertact and continue Lander's security Interest In the Rents and Personal Property. In addlbon to recording this Deed of Trust In the real property records, Lender may, at any lime and without further authonzallon trom Grantor, IIle executed counlerparts, copies or reproducllons 01 this Deed of Trust as e llnanclng statement. Grantor shall r8lmbursa Lender for all expanses Incurred In pertacllng or conllnulng this secunly Interest. Upon default, Grantor shall assemble Ihe Personal Property In a manner and at a place reasonabty oonvenlent to Grantor and Lander and make It avallabla to' Lender within thr_ (3) days atter receipt of written demand from Lendar. Addreaaea. The mailing addresses of Granior (debtor) and Lender (secured party), from which Information conCerning the security Interest granted by thiS Deed ot Trust may be obtained (each as reqUired by the UnI'orm Commercial Code), ara as stated on the first page of this Deed of Trust. 14. FURTHER ASSURANCES: ATTORNEY-I~ACT. The following provisions relallng to further assurances and aHorney-m-fact are a part of this Deed 0' Trust. Further Assurances. At any time, and from lime 10 lime, upon requast of Lender, Grantor Will make, execute and dallvar, or win cause to be,made, executed or dellY8red, to Lender or 10 Lender's designee, and when requested by Lender, cause to be flied, racorded, rellled, or rerecorded, as the case may be, al such limes and In such otflcas and places as Lender may deem appropriate, any and all such mortgages, deeda of trust, security d_ds, secunty agreements, llnanclng statements, continuation statements, Instruments of further assurance, oarttllcates, and other documents as may, In the aole opinion of Lender, be neoassary or desirable In order to eHactuate, complete, pertect. continue. or preserve (a) lhe obtlgatlons of Grantor under the Credit Agreement, thiS Deed of Trusl, and the Related Documents. and (b) the liens and security Inlerests created by this Deed of Trust on the Property, whether now owned or hereaner acquired by Grantor. Unless prohibited by law or Bgr_d to the oontraryby Lencler In wrlbng, Granlor shall reimburse Lender for all costs and expenses Incurred In connacllon with the matters referred to In this paragraph. AUonMIy ... n-FlIICt. If Grantor tails to do any 01 the things referred to In the preceding paragraph, Lender may do so for and In tha name of Granlor and at Grantor's expense. For such purposes, Grantor hereby Irrevocebly appoints Lender as Grantor's allorneY-l~8ct for the purpose of making, executing, delivering, IIUng, recOrding, and domg all other things as may be necessary or deSirable, In Lander's sale opinion, to accomplish the matters referred 10 In the preceding paragraph. " · ( 11-23-1999 Loan No 535 66 0613 DEED OF TRUST (ConUnued) ;l , Page 6 1 S. FULL. PERFORMANCE. II Grantor pays all the Indebtedness when due, terminates the credit hne aocount. and otherwise performs all the obligations Imposed upon ,Grantor under this Deed 01 Trust, Lender shall _ecute and deliver to Trustee a request for fuD reconveyance and shall exeCute and dell\l8l' to GrantOr suitable statements of tem'lInation of any financing statement on file evtdenclng Lender's secunty Interest In the Rents and the Personal Property. Any raconveyanca fee shan be pald by Grantor: If 'parmlned by applicable law. The ·grantee In any reconveyance may be descnbed as the "person or persons legally enbUed thereto·, and the recllals 10 the reconveyance 0' any maners or facts shaU be concluslve prool of the truthfulness 0' eny such matters or facts. 1e. DEFAULT. Each of the 'ollowlng, at the ophon of Lender, shall constitute an event of defau" ("'Event 0' Default") under this Deed 01 Trust: (a) Grantor commHs fraud or makes a mater1a1 mlsrep.-nlallon at any time In connection with the CredIt Agreement. ThIs can Include, for eocample, a false slatement about Grantor's Income, assets, liabilities, or any other aspects of Grant,or's financial condition. (b) Grantor does not..-t the repayment terms of the Cred" Ag.-ment. ,(c) Grentor's action or Inaction adversely attacts the collateral for the Credit Agreement or Lender"s rights In the collaleral. This can InClude, for eocample. failure to malntsln requIred Insurance, waat8 or destructive use 0' the dwelling, 'failure to pay taxes, death of all persons hebla on the aocount, transfer of title or sale of the dweiUng, creation of a lien on the dwelling without our permIssIon. ,orecl,osure by the holder of another lien, or the use of funds or the dwellln9 tor prohibited purposes. 17 •. RIGHTS AND REMEDtES ON DEFAULT. Upon the occurrence of any Event of Default and at any bma theresttal', Trustee or Lender, at Its opllon, may _ .... cIsa anyone or more of the following rights and remedies, In addition to Bny other lights or remedies prOVIded by law: Acceterate Indebtedneaa. Lender shall have the nght at lis option to declare the entire Indebtedness Immediately due and payable, Including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to eocarClse Its power of sale and to foreclose by notloe and sale, and Lander shall have the nght to foreclose by JUdicial foreclosure, In eIther case In accorClanoe WIth and to the lull extent provtded by applicable law. UCC Re_lea. WIth respect to all or any part of the Personal Property, Lend .... shall have all Ihe nghts and remedies of .a secured, party under the UnHorm Comm...-cial Code; Collect Ren's. Lender shall have the righi, without notloe to Grantor, to take possession of and managa the Property and collect the Rents, InctuCSlng amounts past due and unpaid, and apply the nel proceeds, over and above Lendar"s costs, against the IndebtaCIness. tn furtherance of this right, Lender may require any tenant or other usar 01 the Proparty 10 make payments 01 rent or use fees dlraolly to Lender. It the Rents are coIlocIed by Lender, than Grantor IrTOvocably deSIgnates Lender as Grantor's attorney-In-fact to endoraa Instruments .-lved In payment theraol In the name of Grantor and to negotiate the same and COlleCt the proceeds. Payments by tenants or other users 10 Lender In response to Lender's demand shall satisfy the obllgaUons lor which the payments are made, whelher or not any proper grounds lor the demand existed. Lender may ax.ercise Its rights under Ihls subparagraph a1lher In person, by agent, or through a raoeover. AppoInt R_lver. Lender shall have the right to have a receiver appointed to lake posseSSIon of all or any part of the Pr0p8rty, with the power to protect and preserve the Property, to operate the PropBO'ly pracedlng or pendIng foreclosure or sale, and to collect the Rents from Ihe PropBO'ly and apply the proceeds, over and above the cost 0' the racalvenlhlP, a08lnsl the Indebtedness. The receiver may sarva WIthout bond If permitted by law. Lender's right to the appOintment 01 a receiver shall exist whelher or not Ihe apparent value of the Property exceeds the Indebtedness by a subslanhal amounl. Employmept by. ~nd!lf sll,all ,,0\ d~L!aUfy Ii, P!lfSOnfro!"-vlng as a r-'vee'. Ten.,cY at S~c:e. If'Gra'ritor ie~~ I~P~o;" of ''':;'~ro~·.~rIh4iPioPertv is aCid as prov\ded above or Lander oth...-wlsa becomes enUlted to possession 0' the Property upon derault of GrantOr, Grantor shall become a tenant at sufferanoe of LenClar or the purChaser of the Property and shall, at Lender's option, BIther (8) pay a reasonable renlal ,. for the use 01 the Property, or (b) vacate the, Property ImmaCIlately upon the demand of Lender. . Other Remedle •• ' Truslae or Lender shall haw any other nght or remedy prOVIded In Ihls Deed of Trusl cr the CredIt Agr_ment or by law. HoUce 01 Sete. Lender shall give Grantor reasonable notloe 01 the Ume and plaoe of any public sale 0' the Personal Property or 0' tha time after whICh any prtvate sale or other Intended CIIsposIUon 01 the Personal Property Is to be made. Reasonable noUce shall mean noltoe given at least tan (10) days before the lime of the sale or dlsposlUon. Any sale of Personal Property may be made In conjunction with any sala of the Real Property. Sale Of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Proparty marshalled. In axarclsmg 11$ rlghl$ and remedies, the Trustee or Lender shall be tree to sail all or any part of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any pUblIC sale on all or any pornon of the Property. ' Waiver; Election or Remedies. A waIver by any party of a breach of a prOVISIon of this Deed 0' Trust shall not conslltute a waiver 01 or prejudloo tha party's rights o1h-'ae to demand strict compllanoe wllh that proVISIon or any other provtslon. Elecllon by Lander to pursue any remedy provtded In this Deed of Trust, the Credit Agreement, In any RBlated Document, or provtded by law shall not exclude pursuit of any other remedy, and an elecllon to make expendliurGS or to lake action to perform an obllgalton 01 Grantor under this Deed 01 Trust after fellura 0' Grantor to perform shall not attact Lender's right to declare a derault and to ax.ercise any of Its remed_. Attorneys', F_.: EXpen_a. It Lender Institutes any sull or action to enforce any of the larms of this Deed 01 Trust, Lender shall be enUtied to recover such sum lUI the court may adjuClga reasonable as altorneys' _ at tnal and on any appeal. Whether or not any court action Is Involved, all reasonable expenses Inourred by Lender which In Lendor's opInion ara neoeasary at any time for the protection of Ita In*-t 'or the entoroement 01 Its rlghl$ shall become a part of the Indebtedness payable on'demand and shall bear Inlarest at the Credit Agreement rate from the date 0' axpendtlure unhl repaid. Expe_ cOVDred bV this paragraph Include, WIthout nrrlllallOn, however subject to any limits under appllCBble law, Lender's attorneya' fees whether or nol Ihere Is a laWSUit, IncludIng attorneys' fees tor bankruptcy' proceedln"" (Including enorts to moCllfy' or vacate any auton>allC slay or Injunction), appoaJs and any antiCIpated post-judgment oollectlon seNloes, the cost 01 -.-ching records, obtaining Itlte reports (Including foreclosure reports), surveyors' reports, appraisal _, bite Insurance, and fees for the Trustee, to the extent permlHed by applicable law. Grantor also wID pay any oourt cOllts,ln addluon to all other sums provtded by law. RIghts 01 Trustee. Trustee shall have alia' the nghts and duties of Lendor as sat lorth In this sechon. 1S. POWERS AND OBI..IOATIONS OF TRUSTEE, The following proVIsIons relating to the powers and obligations Of Trustee (pursuant to Lender's Instructions) are part 0' this Deed C)f Trust. ' Pow ..... of Trustee. In addItion to all powars of Trustee arising as a maHer ot lew, Trustee shall have the pcwer to take the following actions with reSpect 10 the Property upon the wrlttan req~t 01 Lender and Grantor: <a) join In prepanng and filing a map or plat of the Real Property, Including the dedication of streets or other rtghls to the publIC: (b) Join In granting any easament or creallng' any rastrlctlon on the Real Property; and (c) join In any subordination 'or other agreement affecting this Deed of Trust or the Interast of Lender under thIS Deed 01 Trust. ' Obligation. to NotHy. Trustee ahail not be obligated to notify any other party ot a pending sale uncler any other trust deed or lien, or of any acUon or prooeedlng In which Grantor, Lender, or'Trustee shall be a party, unless reqUIred by '00 <= --:r = = = en c:n cr, 11-23-1999 Loan No 535 66 0613 DEED OF TRUST (ConUnued) apphcable law. or unless lhe action or prooeeding Is broughl by Trustee. / Page 7 Truslee. Trustee shall meet all qualltlcabons required for Trustee undar applICable law. In sddlbon to the rights and remedies set lorth above. wllh respect to all or any part 01 the ,Property. the Trustee shall have the right to loreclose by nollce and sala, and Lender shall have the rlghl to foreclose by Judicial loreclosure, In allhar case In accordance Wllh and to lhe lull exlen dod by applICable law. Succesaor T t_. Lender, at Lender's opUon, may from Ume to lime appolnl a successor Trustee 10 any Trustee appointed here n.,.,. by an Instrument axecuted and acknowledged by Lender andreoorded In the office 01 Ihe recorder 01 K",O County Washington. The Instrument shall contain, In addlllon to all other mailers reqUIred by state law, the names 01 the 0 nBl Lender, Trustee. and Grantor. the book and page or the Auditor's File Number where this Deed 01 Trust IS recorded, and the name and addresa 01 the successor trustee. and the Instrument shall be executed and acknowledged by Lander or Its successors In Intarest. The successor trustlie. without conveyance 01 the Property. shall succeed 10 all the UHa. power, and duUes oonlerred upon the Trustee In thiS Deed 01 Trust and by applicable law. ThiS procedure lor subsUtuHon 01 trustee shall govern to the exclusion 01 all other proviSIOns lor substltubon. 19. NOTICES TO GRANTOR AND OTHER PARTIES. Subject to applicable law; and except for noHce required or allowed by law 10 be given In another manner, any nonce under this Deed of Trust IIhaIl be In wrlUng, may be sent by Ialelacslmde (unless otherwise reqUired by taw). and shall be alfucHve when actually delivered, or whan deposited with a nahonally recognized overnight cour1er, or, II malled, shall be deemed elfucUve when deposited In Ihe United States mall flnst ctass, certilled'or reglslered mall, postage prepaid, directed to the addresses shown near the beginning of this Deed 01 Trust. Any party may change Its address lor nolloes under Ihls Deed of Trust by giving formal written notice to the olher partlGS, specifYing that the purpose 01 the nohoe Is to Change the party's address. All copies of noHces of foreclosure from Ihe holder 01 eny ben which has priority over thIS Deed 01 Trust shall be sent 10 Lender's address, es shown near the beginning' 01 thiS Deed 01 Trust. For nottce purposes, Grantor agrees to keep Lender and Truslee Inlormed al all Urnes 01 Grantor's current addross. 20. FtNAL AGREEMENT. Oral agreements or oral oommltments to loan money, extend credit or to lorbear from enlorclng repayment 01 a debt are not enforceable. ThiS Security Instrument replaces aU prior, contemporaneous or subsequent oral egreements or understandings. " any, between the parties. ThIS IS the IInBl and complete expression of all terms 01 this Deed 01 Trust and thera are nO other terms. II you access your Credit Une bV a device covered by another agreement (lor example, agreements and disclosures ooncernlng electronic lunds transters), those other,agreements shall atso apptv. ' 21. MISCELLANEOUS PROVIStONS. The lonowlng mlacella!"'eous prOVISions are a part 01 thiS Deed 01 Trust: Amendments. ThIs Deed of Trust, together with any Relaled Documents, conslllutes the enUre understanding and agreement 01 the pathes as to the mailers set forth tn thla Deed of Trusl. No alteration 01 or amendment to thIS Deed 01 Trust shalt be elfucUve unless given In wrlhng'and signed by the party or parties sought to be charged or bound by the altarabon or amendment. AppUcable Law. Thta Deed or Truet has been delivered to Lender end IICcepted by Lender In the Stale of Washington. Thle Deed or Trust lIhall be governed by and construed In accordance with the I_e or the State of Washtngton. ' caption He8dtnga. Caption headings In thiS Deed of Trust are lor convenience purposes only and are not to be used to Interprel or dellne the provisIons 01 Ihls Deed of Trust. Merger. Thera shall be no m'nger ol,tha Interest or eStale created by this Dead 01 Trust With any other Interest or &Slate In the Property at al1Y h!!18 held !;Iy or lor the benefit 01 Lend",r In any capacIty, without the wnHen consent 01 Lender. Multiple Partlee. Alt obll9allons 01 Grantor under this Deed 01 TrUst shall be 10lnt and severat. and all referenceS 10 Grantor shall mean each and every Grantor. This means that each 01 the persons signing below IS responSIble for all obligations In this Deed 01 Trust. Severability. "a court 01 competent Junsdlctlon IInds any provision 01 thiS Deed 01 Trust 10 be Invalid or unenlCH'ceable as to any person or clrcumslanoe. suoh Rndlng shall not render thaI provision Invalid or unenlorceable as to any other persons or circumstances. If leaslble, any such offen dong provlston shall be deemed 10 be modIfied to be within the hmlts 01 enlorceabillty or valldlly; however, " the offending prOvision cannot be so modified, It shall be stncken and all olher prOVisIons of thiS Deed of Trust In all other respects shaH remain velld and enforceable. Succesaora and A8a1gna. SubJ8Ct to the limitations stated In thiS Deed of Trust on Iranster of Grantor's Interest. thiS Deed 01 Trust shall be btndlng upon and Inure to lhe benefit of the parnes. thalr successors and assigns. If ownership 01 tha Property becomes vesled In a person other then Grantor, Lander. without nollca to Granlor, may deal with Granlor's successors With reference to this ,Deed 01 Trust and'the Indebtedness by way 01 10rbearance or exlenslon wlthoul releasong Grantor from the obligations 01 this Deed 01 Trust or lIablllly under the tndebtedness. Time Is or the Eeeence. Time, IS 01 the ossance In the performance 01 thiS Deed 01 Trust. WaIver. and Consent.. Lender shall not ba deemed to have waived any rights under this Deed 01 Trusl (or undar tha Ralaled Documents) unless such waiver IS In wnttng and signed by Lender. No delay or omIsSIon on the part of Lender In exerCISing any right shall operate as a wOlver 01 such right or any other right. A waiver bV any party 01 a prOVision 01 thiS Deed of Trust shall not conshtute a Waiver 01 or prejudice the party's nght olherwlse to demand stnet compliance With that prOVision' or any other prOViSion. No prior waiver by Lender. nor any course 01 dealing between Lender end Grantor. shall, constitute a waiver 01 any 01 Lender's rights or any 01 Grentor's obligations as 10 any luture transactions. Whenever consent by Lender Is required In thiS Deed 01 Trust, the granting of such consent by Lender In any Instance shall not constitute conhnulng consent to subsequent Instances whare such oensentls reqUired. ' Waiver or Homeetead exemption. 'Grantor hereby releaees and waives an rights and benefits of the homestead _emphon laws 01 the State 01 Washington as to all Indebtedness secured by thiS Deed of Trust. EACH GRANTOR ACKNOWLEDGES HAVtNG READ ALL THE PROVISIONS OF THtS DEED OF TRUST, AND EACH GRANTOR AGREE,S TO ITS TERMS. GRANTOR: 0-.. '--....-e-') '--X ' Annette B Dempa 11-23-1999 Loan No 535 66 0613 ·,." DEED OF TRUST (ConUnued) • ~I ,INDIVIDUAL ACKNOWLEDGMENT STATE!OFL~~& : r--:-::·',t..8EAL. -)-.. ...,~ COUNTY OF -•. ;:. or ........... .. :t· .. 1 C-lJ1 ... 7-7-40 \ ~~~~~~~~~ Page 8 On this-day belore me, theunclenllgned Notaly Public, personally appeared Annene B Dempa end Keith D Dempa, personally known to me Of" proved to me on the baBls 01 satlslactory evidence to be the IndiVIduals described In and whO _aouted the Deed 01 Trust, and acknowledged that they SIgned the Deed 01 Trust as their fr_ and VoIuh· act and. ~, lor the uses and purposes therein mentloned_ ,eel' ~ ~~v-wre~ my hand end orne ... _81 all c;;;.?..3' day Of &t?#~ 'U/"" • Realdtng-;;-~~..:?'U-u . &.~~~~~~ My commlaalon explre8 ? -7-a2@cb REQUEST FOR FULL RECONVEYANCE To: • Trustee The undersigned IS the legal owner and holder 01 all Indebtedness 8ecUred by this Deed 01 Trust. You are hetvby requested. upon payment of all sums owing to you, to reconvey _hout warranty, to the persons entitled thereto, 1I1e right, IItle and Interest now held by you under the O~ of Trust. 08te' ____________________________________ __ Beneftctarv: ____________________________________ __ By,------------------------------It.: =, WHEN RECORDED RETURN TO B~~mg Employees Credit Union POBox 97050 Seattle, WA 98124·9750 At~n.' Laura Por~as Loan Adm~n -SCS / .111111""'111 fls&r','B~C.JzSU8 II, •• Kf'~·~V~~~7 o~ I C> 7 S5~ SUBORDINATION AGREEMENT Loan 0535-66-0613-52 NOTICE THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURlTY IN! EREST IN THe PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY TJlAN THE LIEN OF SOME OTHER OR LATER SECURI fV INSTRUMENT The underSIgned subordinator and owner agrees as t"allows Boeing Employees' Credit Union ,referred to herein as "subordmator", IS the owner and holder of a mortgage dated November 23, 1999 whIch IS recorded In volume --------of Mortgages, page ---------, under auduor's file No 1999120 I 000408 records of Kmg County 2 Washmgton Federal Savings referred' to herem as "lender" IS the owner and holder of the mortgage dated 12/22/00 , executed by Keith D. & Annette B, Demp(!whlch IS recorded 10 volume .--of Mortgages, page ----, under audItor's file no ~ , records of Kmg County) (whIch IS to be recorded concurrently herewIth) ? CX"""C" 12..2-'3C):::) I I c:zs 0 3 Annette B Demps and KeIth D Demps referred to herem as "owner", IS the owner of .. 11 the real property descnbed m,the mortgage Identified above In Paragraph 2 4 In conSIderation of benefits to "subordmator" from "owner", receipt and suffiCiency of which IS hereby acknowledged, and to mduce "lender" to advance' funds under Its mortgage and all agreements m COJUlection therewith, the "subordmator" does hereby unconditionally subordmate the hen of h,s rnortgage IdentIfied 10 Paragraph I above to the hen of "lender's" mortgage, Identified 10 Paragt'aph 2 above, and all advances or charges made or accruIng thereunder, mCludmg any extension or renewal thereof 5 "SubOrdInator;; acknowledges that, pnoi to the execution hereof', he has had the opportunity t6 exannne the terms of "lender's" mortgage, note, and agreements relatmg thereto, consents to and approves same, and recog'nlzes that "lender" has no obhgallon to "subordmator" to advan<.e any fund~ UndCI lb nlortgagc 01 sec to , the apphcatlon of "lender's" mongage funds, and any apphcatlon or usc of such fund~ for purposes 0 her than those prOVIded for In such mortgage, note, or agreements shall not defeat the subordmal1on herein made In whole or m part 6 It IS understood by the parl1es hereto that "lender" would not make the loan secured by the mortgage 111 Paragraph 2 without thiS agreement 7 This agreement shall be the whole and only agreement between the parties hereto With regard to the subordtnatlon of the hen or charge of the mortgage first above mentioned to the hen or chal ge of the mortgage In favor'of "lender" above referred to and shall supersede and cancel any prIOr agt'eements ab to such, or any, subordination Includmg, but not limIted to, those prOVISIons, If any, contained In the mortgage first above mentioned, whIch prOVide for the subordInation of the hen or charge thereof to a mortgage or mortgages to be thereafter executed , , 8 The hen's, adminIstrators, assIgns, and successors In mterest of the "subordinator" shall be bou'nd by thiS agreement Where the word "mortgage" appears herem It shall be conSidered as "deed of trust", and gender and number of pronouns conSIdered to conform to underSIgned 'Executed thIS 26th day of December 2000 NOTICE THIS SUBORD1NATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAYBE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO Boe1ng Kmployccs' CrcdlL UnLon ~1~ Loan Adm1n1strat1on Manager BbCU ll29 2-/2.000 c:. .... ,-, -' .. -~ S'TATEvF WASHINGTON CuUNTY OF KING J certify that I know ~r have satlsf"actory eVidence thaI IS the person who appeared before me. and ~ald person acknowledged that signed thiS Ulstrument and acknowledged It to be free and voluntary .lCI for the uses and purposes mentIOned m the msmlment DATED STATE OF WASHINGTON COUNTY OF KING Notary Publte My appomtment expues I certify that' know or have satisfactory eVld~nce that LUCIII Robmson IS the person who appeared ·before me. and sBld person acknowledged Ihat she signed thiS mstrument and on oath stated that she was authorIZed to execute the Instrument and acknowledged It as Loan Adrntnlstratlon Manager of Boemg Employees' Credit Umon to be the free and voluntary act of" such party f"or the uses and purposes menttoned In the Instrument DATED December 26. 2000 BSCU I al) 212000 KAY M SKARE STATE OF WASH.IN(;TOH NOTARY -_e_ PUBLIC· \IV COUUISSIO" [XplRES 12-02-03 NotaT)'\;~c \.Q.-Q.Q 03 My appomtment expires Return to WASHINGTON Jt"EDERAL SA VINGS Downtown Seattle Office 425 Pike Street Seattle W A 98101 Attn _______________ [Spaco Abov. TI .. e Llno For Record .... Dalal 050200238796-7 DEED OF TRUST THIS DEED OF TRUST ("Secunty Instrument") IS made on Decentber 22ndl 2000 The grantor 1'1 KEITH D DEMPS AND ANNETTE B DEMPS, HUSBAND AND WIFE =_-:-____ -:;:;;:;-; ..... ===='""':':~==;_;;:._:;"_;;;=--------------(" Borrower"/Grunt.or) The trust .... IS OLD REPUBLIC TITLE LTD ("Trustee "/Grantee) The benefiCIary IS Washington· Federal Savings. which IS orgamzed and eltlsbng under the law'! of The Uruted States of Arnenca. and whoo;e add~<;s IS ___________ _ 425 PIke Street, Seattle. Washington 98101 (" Lender " IGrlUllee) Borrower owes Lender the pnnelpal sum of ....-;==~===..-_________ _ FOUR HUNDRED THIRTEEN THOUSAND FIVE HUNDRED AND NO/IOOS Dollars (U S $413,500.00 ). This debt IS eVidenced by Borrower's note dated the same date as tlus Secunty Instrument ("Note"), which proVldes for monthly paym"nts, With the full debl, If riot· paId earher, due. and pa)lable on -:-=J~an~· 7U~-~),,-:· ~1~st~I&...=:20=3:..!1~_-:,_:::-::---;-;--:-_-:-_--:;-:_7.'""--:=-:-_--: ThIs Secunty Instrument secures to' Lender (a) the repayment of the debt eVIdenced by the Note, With IDterest, and all ~newals. extensions. and modIficatiOns, (b) the payment of all other sums. With ·Interest. advanced under paragraph 7 to protect the secunty of dus Secunty Instrument. and (c) the performance of Borrower's coveoants and agreements uDder tms Secunty Instrument and the Note For thts pUrpose. Borrower Irrevocably grants and conveys to Trust ..... In trust. With p<lWo!Ir of sale. tboo foUowlI'8 dos(.nbed property located In 10,. County. Was!ungtoo . THE EAST HALF OF TRACT(S) 113. C.D. HIU.MAN~S LAKF. WASHINGTO"l GARDEN OF EDEN ADDITION TO SEATTLE DIVISION. NO 4, ACCORDING TO THIi: PLAT I"HEREO" RECORDED IN VOLUME II OF PLATS, PAGElS) a, RECORDS OF KING COUNTY • . WASHINGTON SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON_ OLD REPUBLIC TITLE, LTO-.lQ7/551.r IV 171/ Assessor's Property Tax Parcel Account NtDI1ber(s)~=3;;:43=900==86000==,-______________ _ wluch· has the address of Wa.shlngton 98056 (ZIp Code) 2308 NE 24TH ST (Street) ("Property Address"). RENTON lenyl TOO ETHER WITH all the Improvements now or hereafter ertOLted 00 the property. and all .easements. "ghts. appurtenances. rents, royalties. mineral. OIl and gas nghts and profits. water nght<; and' stock and all fixtures now or hereafter a part of the property All replacements and additIOns shall also he covered by trus Secunty In.'1trument All of the foregol118 IS referred to In tht'l Secunty Instrument as the ·Property • BORROWER COVENANTS that Borrower 1'1 lawfully ., .. Ised of the e .. tate herehy conveyed and ha'! the nsht to grant and convey the property and· that the Property IS unencumbered. except for encumbrances of record Borrower warrants and WIll defend generally the title Co the Propertyagaln.'It all claIms and demands, SUbject to any encumbranceR of record Burrower. 1011.&11 /C. ~ WASHINGTON-Sangl .. Fan-uly -Fanno .. M .... /Freddie Mac UNIFORM INSTRUMENT lEO (p"((~ I <>/7) L067A-T (WA102116100 THIS SECURITY INSTRUMENT combines uruform covenants for national use and non-umform covenants WIth luru~ed vanatlons by JurlSdlCbon' to constitute a umform secunty InstnJment covering real property UNIFORM COVEN ANTS Borrower and Lender covenant and agree as follows 1. Payment of Principal and Interest; Prepayment and Late Charaes. Borrower shall promptly · pay ~ben due the pnnclpal of and mterest on the debt CVldenced by the Nolc and any prepayment and ' late charges due under the Note 2. Funds for Taxes and InSurance. Subject to apphcable law or to a Wrttten waJver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Nolc, unlll the Note IS paid an full, a sum ("Funds") for (a) yearly taxes and assessments whtch may attam pnonty over t1us Secunty Instrument as a hen on the Property, (b) yearly leasehold payments or ground rents on the Property, If · any, (c) yearly bazard Or property Insurance premIUms, (d) yearly flood Il1surance premiUms, If any, (e) yearly mortgage InsuranCe juenuums, If any, and (t) any sums payahle by Borrower to Lender, In accordance WIth the prOVISIOns of paragraph 8, In heu of the payment of mortgage Insurance premIums. These Items are called "Escrow Ilcms· Lender may, at any tUDe, collect and hold Funds ID an amount not to exceed the maXimum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended rronitlme to time, 12 USC Section 2601 el seq ("RESPA"), unless another law that appbes to the Funds set!! a les'lCr amount If so, Lender may, at any hme, collect and hold Funds In an amount not to exc-d the lesser amount Lender may estimate the amount of Funds due on the basts of current data and ·reasonable eshmates of expendItures of future Escrow Ilcms or otherwase an accordance WIth appbcable law The Funds shall be held In an IlIstttubon whose deposlIs are Insured by a federal agency, Il1strumentahty, or entity (Includmg Lender, If I....ender tS such an IlIstltUllon) or ID any Federal Home Loan Bank Lender shan apply. the Funds to pay the Escrow Items Lender may not charge Borrower for holdmg and applYing the Funds, annually analyzlns the ...... row acu>unt, or venfylng tbe Escrow ltelUS, unless Lender pays Borrower Interest 'on' the FWJds and appbcable law permlta Lender to tnake such a charge However, Lender may require Borrower 10 pay a one-tune .. harge for an Independent real estate tax reportlt18 service used by Lender ID connec..l1on WIlh this loan, unlCS'l appbcable law. prOVides otherwISe Borrower and Lender may ag~ In wnllng, however, that Inlerest shall be paid on the Funds unto .... an agreement l~ tnade or applacable law requires micro .. ! to be pwd, Lender shall not be required to pay Borrower any lDlerest or earnmgs on the Funds Lender shall gIve to Borrower, WIthout charge, an annual accountlDg of the Funds showmg credits and debits to the Funds and the purpose for wtuch · each debit to the Funds was made . The Funds are pledged as additional secunty for all sums secured by this securitY ,Iilsfrwilent If the Funds held by Lender exceed the amounts penmtted to be held by apphcable law. Lender shall account to Borrower for the excess FWlds III accordan<.e With the requirements of appucable law If the amount of the Funds held by Lender at any time IS not suffiCIent to pay the Escrow Items when due, Lender may so notify Borrower In wntlng, and. In such case Borrower slutll pay to Lender the amount nec_ry to tnake up the defiCiency Borrower shall make up the defiCiency an no more than twelve monthly payments, at Lender;s sale dIscretion . Upon payment ID full of all sums secured by llus Secunty Instrument, Lender shall promptly refund to Borrower any Funds held by Lender If under paragraph 21, Lender shall acqwre or sell the Property, Lender, pnor to the acqWSltlon or sale of the Property. shall apply any Funds held by Lender at the time of acquISItion or sale as a credit agamst the sums secured by t1us Secunty Instrument 3. Application or Payments. Unless appbcable law prOVIdes otherwlSC, aU payments receIVed by Lender under paragraphs 1 and 2 shall be applied. first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2, t1urd, to Interest due, fourth, to pnnclpal due, and last, to any late charges due under the Note .4 Charges; Liens. Borrower shall pay all taxes, assessments, charges. fines and ImpoSItiOns attnbutable to the Property wluch may attam pnonty over ttus Secunty InstruDWnt, and leasehold payments or groWJd rents, If any Borrower shall pay these obhgallons In the tnalUler proVided In paragraph 2, or, If not paJd In that manner, Borrower shall pay them on tune dU'ectly to the person owed payment Borro",er shall promptly furrush to Lender a\1 notlc.... of amounts to be p.ud under tlus paragraph If Borrower makes these paym.onts directly, Borrower shall promptly funnsh to Lender recetpts eVldencmg the payments Borrower shall promptly chscharge any ben which has pnonty over tlus Secunty Instrument unless Borrower (a) agrees' In wnbng to the payment of. the obhgaboD securoo by the hen I'n a manner acceptable to Lender, (b) conlcsts In good faith the ben by, or defends against enforcement of the hen In, legal proceedtngs wluch ID the Lender's oplDlon operate to prevent the enforcement of the hen or forfeiture of any part of the Property, Or (c) secures from the holder of the hen an agreement sattsfactory to Lender subordtnattng the h.m to t1us Secunty InstrUment If. Lender deternu.nes that any part of the Property IS subject to a ben whIch may attalD pnonty over tlus Secunty Instrument, Lender may give Borrower a nobce ldentlfymg the ben Borrower shall satisfy the hen or take one or more of the actIOns . 'let forth above wttlun 10 days of the gtvmg of nollce. 5. Ha2ard or Property Insurance. Borrower shall keep the Improvements now eX19bng or hereafter erected on the Property InsUred agatnst loss by' fire, hazards Included WithIn the term "extended coverage" and any other. hazards, Includmg floods or f100d~ng, for wlucb Lender requires Insurance ThIS Insurance shall be mamtamed In the amounts and for the penods that Lender reqult'es The (Pag, Z 0/7) ) 0&0200 2387_.7 tn.'lurance carner provldmg the IIl.<runmce qhall be ... htl ..... n by Borrow .. r qub,ect to lAnder' .. approval which shall 'not be unreasonably withheld If Borrower 'falls to mamtam coveras .. d,,,c..nhed ahov .. , Lend .. r may. at Lender',! optIon, obtain coverage to protect Lender's RIghtq In th .. Property In ac..c..ordan ..... w.th paragraph 1 All msurance poliCies and renewals shall be ac..ceptable to L<>nder and .. hall Include a .. tandard mortgage clause Lender qhall have the nuht to hold the pollcleq and renewal.. If lAnd .. r re~ulre ... Borrower shall promptly glY .. to Lender all receipts of paad premium .. and r .. newal nOhc..~q In the event of loss" Borrower shall give prompt nOli ..... to the msurance carrier and Lender L<>ndi=r m .. y nutk .. proof of loss .f not made promptly by Borrower , Unless Lender and Borrower otherw.se agree 10 wnhng, Insuranc.. .. pr<X.eeds qhall he apphed to restoratlon or repair of the Property damaged, tf the restoration or repaar IS economically feaSible and Lender's secunty IS not les'I6ned If the restoration or repaar as not ec..ononucally feaSible or Lender' .. secunty would be lessened, the Insurance proceeds qhall be applied to the sums qecured by th ... Secunty Instru~ent, whether or not then due, w.th any excess paid to Borrower If Borrower abandons the Property. or dOes not answer Wlthan 30 day'! a nl:)lIce from Lender tboOt the .. >.'lUran ..... carrier haq ,,(f .. red to settle a claim, then Lender may collect the anSQnance proceeds Lender may use the pr<XA3eds to repdlT or restore the Property or to pay sums ....cured by tlus s..cunty Instrument. whether or not tMn due The 30-day period 'WIll begm when tbe noll ... e I" Slven Unless Lender and Borrower otherWISe agree In wnbng, any appb ... ahon of proceeds to pnnclpal shall not extend or postpone the due date of the monthly payments referred to In paragraphs' I and 2 or change the amount of the payments If under paragraph 21 'jhe property III acqull'Cd by L .. nder. Borrower'OJ nght to any IIU1UranCI> pollc.es and procl>eds resultlllg from damage to the Property pr.or to the acqullnhon shall pass to Lender to the extent of the swns 'secured by tlus Secuniy Instrument unmed.at .. ly pnor to the acquISItion , 6. Occupancy, Preservadon, Maintenance' and Protection of the Property; Borrower'.; Loa!" Application; Leasehold.... Borrowe'r shall occupy, establish, and u .. e the Property .... Borrower'., pnnclpal reSidence Within sixty dayq after the execut',on of this Secunty Instrument .. od shall contlnuco to occupy tbe Property as Borrower's pnnc.lpal reilldonco for at least one year after the date of occupancy. unless lender otherwIse agrees In wntlng. which" consent shall not be unrcoasonably Withheld, or unless extenuatIng' circumstance" eXist wblch are beyotd Borrower's conlrol Borrow .. r .. hall not destroy. dal1'Ulge or unpalT the Property, allow tbe Property to detenorate. or comm.t wa'!te on the Property Borrower shall be to default af any forfeIture acbon or proceeding, whether CivIl or "Tlman .. I, Ib b"uun that In Lender's good faath Judgement could result In forfeIture of the Property or otherwise matenally Impair the hen created by thtb Secunty Instrument'or Lend .. r' .. secunty mt .. rest Borrower may cure 'Iuch a d .. fault and relJ'lState. a .. prov.ded .n paragraph 18, by causlDB the action or proceed.ng 10 00 dl .. mlq~d With a ruhng that, to Lender's good fiuth determInation. precludes forfeiture of th .. Borrower' .. lDt"rest In the, ProP'i!Ort:Y Or' oth~r matenal l~palrrnelJt of thl!O,.lIe,n, crea~ by tlus Secunty Instrument or, lender''I 'Iecunty Inter .. st Borrow .. r sh .. 11 .. 1 .. 0 b<O IIi defaul. If Borrow"r, dUTlng the loan .. pphc.tt.on proc .... 'i. gave matenaUy false or Inaccurate Infonnabon or '!late'mt:.nt .. to Lender (or faded to prov.de L .. nder w.th .. ny matenal Informabon) 111 connection With the loan ev.denccod by the ~ote, locludmu. but not lImited to, repres"ntatlons concerntng ,Borrower's occupancy of the Property as a pnnc.pal reSIdence If tlus' Secunty Instrument IS on a leasehold, Borrower shall comply With all the prov.slOns of the lease If Borrower acqwr .. s fee tItle to too Property. the i$Sebold and too fee tItle shall not merge unless Lender agrees to the merg .. r Inwntu1g , " 7. Protection of Lender's RIghts tn the Property. If Borrower fatl'! to perform the c..ov .. nant .. and agreements contained In thts Secunty Instrument, or there IS a legal proceedlDg that may sigruficantly affect Lender's nghts In the Property (su ... h as a P,roCeedmg an bankruptcy. probate, for condemnation or forfeIture or to enforce laws or regulatIOns), then, Lender may do and pay for wbatever Ib oec..essary to protect the value of the Property and Lender's nehts In the Property Lender''I aCllnJ1b m.oy Includ .. paytng any sums secured by a hen which has pnC)l'lty over thts Secunty Instrument, appearing an court. paymg reasonable attorneys' fees and entenng "#i' tlle Property to make repairs Although Lender may take aC~lon under thts paragraph 7. Lender does naths"e to do so Any amounts disbursed by Lender under tlus paragraph 1 shall become addatronal debt of Borrower secured by tlus Secunty Instrument Unless borrower and Lender .. greco to oth .. r terms of payment. thes .. amounts shall bear Intercost from the date of dISbursement at the Note rate and .. haJJ he payahle, With mterest, upon notice from'Lender to BorroweJ: requestmg payment 8 Mortgage Insurance. If Lend .. r requires mortgage Insurance aq a condllJon of malong the Joan 'sccured by t1us Secunty Instrument, Borrower shall pay the premIums requITed to mamtam the mortgage Insurance In .. ffect If, for any reason, the mortgage Insurance coverage required hy Lender I .. p ...... or ceases to be In effect, Borrower shall pay the premlums reqUtred to obtain coverage rubstanttally eqUivalent to tbe mortgage Insurance preViously ID effect. at a cost subbtantaally eqUivalent to the ("O'lt to Borrower of the mortgage Insurance preViously In effect. from an alt .. rnate martgag .. Insurer approved hy Lender If substanttaUy eqUivalent mortgago JllSurance ... overage Iq not avallahle. Borrowor .. hall pay to Lender each month a sum equal to onco-twelfth of the yearly mortgage Insuranc..e premium being paid by Borrower When the Insurance coverage lapsed or ceased to be ID eff ..... t Lender wtll ac..c"pt, U'l" and retalD these payments as a loss rcos .. rve'ln heu of martgas .. IllSUrance Lo .... rcoq .. rve payment .. may no Borrower 8 Im"8h~ (PQB~ J D/7) L067A·T (WA) 02/16100 longln be required. at the ophon of Lender. If mongage 'lnSurance coverage (m the amount and for the penod that Lender requires) provided by an LDSurer approved by Lender agam becomes aVllalable and IS obtamcd Borrower shall pay any premiums required to nuuntam mortgage Insurance U1 offect. or to proVide a loss reserve, untd the requirement for mortgage msurance ends In accordance With· any wntten agreement between Borrower and Lender or appitcable law 9. Inspection," under or lis agem may make reasonable entries upon and inSpectiOns of the P,roperty Lender shall give Borrower notice at the lime of or pnor to an IDspecllon spcclfymg reasonable cause for the IDSpechon. . 10, Condemnation, The proceeds of wiy award or clBlm for damages, direct or coosequenbal. In cOnD8Ctlon With any condemnation or other ta1ang of any pan of the Property. or for conveyance In beu of condemnahon. are hereby assigned and shall be ptud to Lender In the event of a total taktng of the Property. the proceeds shall he applied to the swns secured by this Secunty Instrument, whether or not then due. WIth any excess paid to Borrower In the evem of a panlal . takuig of the Propeny 10 whIch the fair market value of the Property Imme(hately before the taking IS equal to·orgreater than the amount of the sums secured by tlus Secunty InstruJnent nnme/hately before the takang. unless Borrower and Lender othei-wlse agree In wnbng. the sums secured by this Secunty Instrument shall be reduced by the amount of tbe proceeds mulbphed by the followu18 fraction (a) the total lUDounl of, the sums secured ImmedIately before the taking. diVided by (h) the fair market val .... of the Property lInme(iJately before the takmg Any balance shall be pBld to Borrower. In the evem of a partial takang of the Propeny an which the fBlr market value of tho Propeny unmcdlately before tho takang ,IS less than the amount of the sums secured unmedlately befo .... the takmg. unless Borrower and , Lender otherwise agree In wnllng or unless appIacable law otherwise proVides, the proceeds shall be appIaed to the sums secured by tius Secunty Instrument whotb"r or IIOt the sums are thon due -'If the Property IS abandoned by Borrower. or If. after nobce by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower falls to respond to Lender wlthm 30 days after the date the nollce 1'1 gIVen. Lender IS authonzod to collect and apply the proceeds, at Its optJon, either to restoration or repair of tbe Property or to the sums secured by dus Secunty Instrument. whether or not then due UnleSs Lender and Borrower o!herwlSe agree an wntms. any apphcatton of proceeds to pnoclpal shall not extend or postpone the due date of the monthly pltyments referred to lD paragrapbs 1 and 2 or change the amount of .. uch payments 11. Borrower Not Released. Forbearance By Lender Not a Waiver. ExteUS10D of the tune for paymem or modtficatlon -of arnorta:gobon of tho sums secured by this Secunty lustrument granted by Lender to any sUccessor m mterest of Borrower l[lball not operate to release the bablhty of the ong1l181 BOrrower or ,Borrower:s successors "n··lnterest·, Lender shall·not be reqUIred tocoDlD1ence-proceedtngs agaInst any successor In anterest or refUse to extend lime for payment or otherwISe modify amorbzabon of the sums secured by tlus Secunty Instrument by reason of any demand made by the onganal Borrower or Borrower's successors In Interest Any forbearance by Lender an OlI.erclsmg any nght or remedy shall nol be a waiver of or preclude the exercise of any nghE or remedy 12. Successors BInd Assigns Bound. Joint and Several LlIlblllty; Co-slgners. The covenants and agreements of dus Secunty Instrument shall bmd and benefit tho successors and assigns of Lender and Borrower. subject to the proVISIOns of paragraph 17 Borrower's covenants and agreements shall beJolnt and several Any Borrower who CO-Signs thas Secunty Instrument but does not execute the Note (a) IS co-sigrung this Secunty Instrument only to mortgage, grant and convey that Borrower's anterest In the Property under the to,nns of dus Secunty Instrument. (b) IS not personally obhgated to pay the SUIllS secured by this Secunty Instrument, and (c) agrees . that Lender and any other Borrower may agree to extend. _modIfy. forebear or make any accommodataons With regard to the terms of this Secunty Instnunent or Lbe Note WIthOUt that Borrower's consent 13. Loan C::::hargcs. If the. loan secured by (rus Secunty Instrument IS 8ubJOCt to a la", which sets maXJmum loan charges, and tbat law IS [Ulally InteJl>reted so that the Imerest or other loan charges collected or to be collected an conneclaon With the loan oxceed the pennllted hriuts. then . (8) any such 'loan charge shall be reduced' by the amount necessary to reduce the Charlie to the pennlttcd hImt. anC1(b) any sums already collectcd from Borrower which exceeded permitted hRUts waIl be refunded to ,Borrower Lender may' choose to make this refund by redUCing t .... pnoclpal owed under the Note or by makIng a direct pay ..... nt to Borrower If a refund reduces pnoclpal. the reductaon wtI1 be treated as a partial prepayment WithOUt any prepayment charge under !he Note. 14. Notices. Any nolace to Borrower proVided for In this Secunty Instrument shall be gaven by dehver1ftg It or by maalmg It by first claas maaI unless appIacable law requlrc5 use of another IDCIthod lhe notlce shall be darected to the Property Address or any other address Borrower desagnates by notice to Lender Any notice to Lender shall be given by first class mall to Lender's address stated herem or any other address Lender deSignates by notice to Borrower Any notice proVIded for an trus Secunty Instrument shaIJ be deemed to have been given to Borrower or Lender when given as prOVided In thIS paragraph IS.. Governing Law; -Severability. ThIB Secunty Instrument shall be governed by federal law and the law of the JUriSdiction 111 whIch the Property IS located In tho event that any proV\6\On or clAuse of thas Secunty Instrument or the Noto confhcts With applacable law. such conflict shall ,not affect other proVISIOns of this Secunty Instrument or the Note whIch can be gIVen effect 'Without lho confbctlrl8 proVISion To tlus end the provlSIODS of this Secunty Instrument and the Note are declared to be severable -- ) ) ~-. <. --'--c-" " 060200238798·7 16. Borrower's Copy, BOtTower shaH be gIven one conformed copy of the Note and of thas Secunty Instrument '17, Transfer of the Property or a Beneficlal Interest an Borrower, If all or.lany part of the Property or any mtere'lt In It IS sold or tran'!ferred (or If a benefiual Intere'l! an Bornlwer 1'1 '!Old or transferred and Borrower 1'1 not a natura' person) WIthout Lender'., prior written "on'lent. Lender Tnay. at .ts opt.on, reqture nnmed.ate payment In full of all ~ums secured by thas Ser..unty In'ltrumenl However. thas optaon shall not be:> e",en.lsed by Lender If exercIse 19 prohibIted by federal lolw a'l of tbe date of tlu" Secunty In'ltrument If Lender exercIses this optIOn. Lender 'lball gIve Borrower notice of ar..celeratlon The notice shall proVIde a perIod of not less than 30 days from the date the notIce IS dehvered or maIled WIthin whIch Borrower must pay all sums secured by tlus SecUrity Instrument If Borrower faJ!., to pay these sums poor to the expIration of thts peood. Lender may Invoke any remedle .. perrmtted by thas Secunty Instrument WIthOUt further nollce or demand on Borrower 18. Borrower's Right to Reinstate, If Borrower meet~ <-ertaln <-ondll.o ...... Borrowc>r .. hall have the nght 10 have enforcement of lhas SecurIty Tn"trumenl dl'l<.onlanued at any I.mo prior t(> the earlier of (a) 5 days (or such other penod as apphcable law may ~peclfy for relOstatemenl) hefore ..ale of the Property pursuant to any power of sale contained In thl'l Secunty Instrument, or (h) enlrY of a ludgment onforclng thl .. Secunty Instrument Those COndItiOns are that Borrower (a) pay .. Lender all .. urn .. whl<-h then, would be due under thlb Secunty Instrument and the Note dS If DO a<-celoratlon ()('<-UIT...J, (b) <-ure .. any default of any other covenantll or agreem"nts, (c) pay .. all e"pense .. Incurred In enfor<-Inlf thl" S,,<.urlty InstruD1ent, mcludmg. but not lunlted to. reasonable attorneys' fees. and (d) tak.,~ 'IUc.h acllon as Leooer may reB..anably require to assW"e that the hen of this Socunty Instrument, Lender's right .. an the Property and Borrower's obhgslJon to pay the sums secured hy ttu .. Secunty In .. truJTlent .. hall (..onttnue unchdnged Upon reonstatement by Borrower, thts Security Instrument and the obhgallon .... ecured hereby .. ball remain fully effecbve as If no acceleration had occurred However. thIS nght to "",mstate '1hall not apply an the case of acceleratIon under paragraph 17 . , 19. Sale of Note; Change of Loan Servlcer, The Note or a partIal Inlorest on the Note (together WIth tha .. Secunty Instrument) may be sold one or more tunes WIthout pnor noh<-e to Borrower A sale may result m a change In Ihe entIty (known as the "Loan Servtcer") that collects monthly payment .. due under the Note and tlus Secunty Instrument There also may be One or mo .... <-hange. .. ,of the Loan Servlcer unrelated to a sale of the Note If there 1'1 a change of the Loan Servlcer. Borrower WIll be gIven written notice of the change In accordance WIth paragraph 14 above and apph" .. hlo law The nOllce WIll state the name and address of the new Loan Servlcer and the addre,,'! to whIch payments should be made The notice WIll also contam any other mfonnatlon required hy apphcable law 20, Hazardous Substances, Borrower shall not cause or pennlt the pre .. ence. u'le. dl'lposal, storage, or release of any Hazardous Substances on or In the Property ,Borrower shall not do. nor allow anyone else to do; anything affeCting t~Ptop~rty iJUii IS jrivlohltton' of any Envjronmental Loow The precedIng two sentences shall not apply to the pre.'ience, u"e. or .. torage on the Property of "mdll quantlUe, of Hazardous Substances that are generally recogruzed to be appropnate to normal resldenllal useb and to mamtenance of the Property 'Borrower shall .promptly gIve Lender "'"lten nOllce of any Inve .. tlgatton, claIm, demand. law'nllt or other action by any governmental or regulatory agency or pnvate party IOvnlvlng tho Property and any Hazardous Substance or EnVironmental Law of whIch Borrower has dclUal knowledge If Borrower learns, or 1'1 notd'ied hy any governmental or regulatory authoraty, that any removal or oth~r remedIation of any Hazardous Sub'ltance. affechng Ih~ Property IS nec~ .. 'I&rY. Borrower .. hall promptly' tdke all nec.essary remedull actions In accordance With EnVIronmental Law As used \D thts paragraph 20. "Hazardous Suhstance,," are tho .. ~ .. ubsta""~ defined a'l tOXI<-or haZardous substances by EnvIronmental Law and thc follOWIng 'lUbstances gasohne. kerosene, other flanunable or tOXIC petrolcWn products, tOXIC poostlCldes and herhlcldes. volallle solvents. matenals contalrung aSbestos or formaldehyde, and radJoactlve matenals As u...,d In th." paragraph 20. "EnVironmental Law" means federal law'i and law~ of the )W"lsdlctaon where the Prop~rty 1'1 located that relate to health, safety or envlronmcntal protechon NON-UNIFORM COVENANTS Borrower and lAoo..r further covenant and agree as follow .. 21. AcceJendJon; Remedies, Lender shaU give notice to Borrower prior to acceJeratJon following Borrower's breach of' any covenant or agreement In this Secunty Instrwnent (but not prior to acceleration under paragraph 17 unless appbcable law provides otherwise), The notice shall specifY: (a) the default; (b) the action required to cure the default: (c) a date, not lesoi than 30 days from the date the notice Is given to Borrower, by which the defauJt must be «:ured; and (d) that failure to cure the default on or before the date specined In the notice may result In acceleration of the SUl11S secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days in the future, The notice shall further Infonn Borrower of the rIght to reinstate after acceleration, the right to brlna a court action to assert the non-exlstence of a default or IIny other dd'ense of Borrower to acceleration and Hale, and IIny other matters reqUIred to be Included In the notice by appHeable law. If the default IS not cured on or before the date speclned L067A-T (WA) 02'1 eloo In the noto.ce, Lender at Its option may require lnuned1ate payment In fun of aU sums secured by this Sec:unty Instrument without furtber demand and may Invoke'the power of sale and any other remedies pernutted by appUcable law. Lender shaD be enUtled to collect aU expenses Incurred In pursuing the remedJes provided In this paragrapb 21, Indudlna, but not limited to, reasonable attorneys' fees and costs of Utle evidence. If Lender lnvoJ(es the power of sale, Lender shaD give written noUce 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 regardlns notice of sale and shaD give such notices to Borrower and to other persons as appUcable law may require. After tbe time r-equlred by appUcable law and after publication of the noUce of sale, Trustee, without demand on Borrower, shaD seD the Property at public auction to the highest bidder at the time and place and under the tenos designated In the notice of sale In one or more parcels and In any order Trustee deienolnes. Trustee may postpone sale of the Property for a period or periods pennltted by appUcable law by public announcement at the time and place fixed In the notice of sale. Lender or Its designee IDay 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 lmplled. The recltals In the Trustee's deed shall be pnma facie e'Vldence of the truth of th~ statements made therein. Trustee, shaD apply the proceeds of the sale, In the following order: (a) to aU expen.'ies of the sale, Includlna, but not limited 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 legplly endtJed to It or to the clerk of the superior court of the county In which the sale took place. 22. Reconveyance. Upon payment of all sums secured by tlus Secunty Instrument, Lender shall reqUest Trustee to reconvey the Property and shall surrender tJus Secunty lnstnunent and all notes eVldenclDg debt secured by tlus Secunty Instrument to Trustee Trustee shall reconvey the J>roperty w1thOut warranty and Without charge to the person or persons legally enhtled to It Such pel"lon or persons shall pay any recordation costs 23. Substitute Trustee In accordance With appbcable law. Lender may from tune to time appomt a successor trustee 10 any Tnll.t .... appolnled hereunder who h,,~ ceased to act Without <.Onveyam .. e of the Property. the succ""",or trustee shall succeed to all the htle, power and dUlles conferred upon Tnastee herem and by applicable law , ' 24. Use of Property. The Property 1S not used pnnctpally for agncultural or farnungpurposes 2.5. RiderS to this secUrity Instrument. If one> or more nden are executed by Borrower and recorded together With Ilus, Secunty Instrument, the covenants, and agreements of each such nder shall be InCorporated U1lo and shall amend and supplement the covenants and agreements of tlus Secunty Instrument as 1f the nder(s) were a part of this Secunty Instrument [Check apphcable box(es)) , c::Jcondomlrnum Rider C)planned Urnt Development Rader 01-4 Faauly Rader c:::lAdJustable Rate Rider [X]other(s) (Specify] Addendum to UnlCono Deed of Trust BY SIGNING BELOW. Borrower accepts and agrees to the tertnS and covenants contan\Cd In tbls Secunty Instrwnent and In any rlder(s) executed by Borrower and recorded With It - k ANNHTJ'B B DEMPS (Over for notary acknowledgeinents) (Pa~ 6 Df'1) ) (" .... c -.. 060 200 238786_7 STATE OF WASHINGTON ) '1'1 COUNTY OF KING ) I cerhfy that I know or have sab .. factory evuience that Keith D. Demps and Annette B. pemps [Name(s) of person(s)) XXare the person(s) who appeared hefore me, and RInd pe"on('1) acknowledged that ~they) <ngned thl'! lI1Strument and acknowledged It to be ~thel~) free and voluntary act for the U'l"8 and purpo'le .. menuoned In tho mstroment ' (Signature) Notary Public In and for the Stat .. of Wasb1.ngton resIdIng at K1rkl.and My comnusslon expIres __ ...;6"-'-' ... 2 ... 0 ... ''-0=2'--_______ _ STATE OF ) ''IS COUNTY OF ) I certify that I know or have sansfactory eVidence that _____________________ _ [Name(lI) of peF'lon('I)] Is/are the per'lOn(b) who appeared before me, and 'laId person(s) acknowledged that (h .. l .. he/th .. y) .. Igned thiS IIIstrument, on oath stated that (he/sho/dley) wB'I/were authonz.ed to exe<..ut .. the Instrument Bnd ack'riOwiedged it as the ____________________________________ _ (Type of Authonty, e 8 , Officer, Trustee) of_·_· __________________ ~~----~~~----~~~~~~----~~--~--~--~=_----~--- (Name of the Party on Behalf of Whom the Instrument was Executed) to be the free and voluntary act of such party for the u'""s and purpO'le'l menhoned In the Instrument Dated (Signature) (Seal or Stamp) Notary Pubhc an and for the State of _________ _ resldtn8 at My corrUrusslon explre'l _______________ _ 00366 '.'2126' L067A-T CWA) 02/16/00 c.:::. c: , (. > c .... ".,- 050 200 238796-7 ADDENDUM TO UNIFORM DEED OF TRUST Date December nnd, 2000 Addendum attached to' and f"onrung part oflhe Deed of TN .. ' <"Secunty 'n<;trumenl") of even dale by "m' henNeen ________________ ~--------------------------------------------------------------------- KEITH D DEMPS AND ANNE'lTE B DEMPS, IWSBANDAND WIFE as. Grantor/Borrower, OLD REPUBLIC TITLE LTD as Trustee, and WASHINGTON FEDERAL SA VINOS as BeneficlarylLender J •. OCCUPANCY OF THE PROPERTY BY BORROWER, There are two .alternatlve covenants stilted below which refer to o(.cupancy of the Property by the Borrower, and'only one ,,'ternatlve <;hall be II part of thl" Addendum Lender ha .. determmed wbl(..h ·alternatlve IS a covenant of the Borrower hy checking helow the appropnate h()x ()pp()~lte the paragraph Immediately precedtng the paragraph Lender has determIned to be applicable to Borrower, and Borrow .. r ha .. agreed to this chosen alternative by executlng thls Addendum to the Sel..unty Instrument and purqu.ant to the terms of Lender's loan commitment Occupancy of Property by Borrower ReqUired IS amendcod by substttutang the followlng language Umform Covenant 6 of the S~unty In<;trument "Borrower shall occupy, establish and use th .. Property as Borrower'q pnnclpal resldenc .. wlthm sixty (60) days after the execullon of thiS S .. cunty Instrument and shall conbnue to oCl..upy the Property as Borrower's pnnclpal reSidence for at least one year after the date of occupancy, unless lender otherwIse agrees In wnbng and 10 Its sole dlscrehon, proVided, however, that If the loan eVIdenced by the Security Instrument .1" a 'custom' con<;truchon loan ab defined by a Con'ltrucuon Loan Agreement bonNeen Lender and Borrower, then Borrower shall begin to occupy, estabhsb and use the Property as Borrower's pnnclpal reSidence Wlthm SIXty (60) days after receIpt of Certificate of' Occupancy, or SImilar offiCIal document, f'rom the appltcablo governmental authority, unless Lender ·In Its dlscrehon. agrees In wnhng to waive any govenunental rcoqulrement Borrower acknOwledges that Uruform. Covenant 6, as here amended, I" requIred by Lender In con'llderalJon of Lender exlendmg Borrower' an 'Occupancy Note Rate' which IS les'! than the prevatlmg 'Non-Occupancy Note Rate' If Borrower shall default on the term<; of occupancy as slated above, Lender may elect, al Its option and notwJthataNhng any oth .. r terms of the Secunty Instrument to the contrary, any of the followll18 remedlO'l <a> Lender may accelerate the tenns of the Nolearid; upon'f1fteen,(IS) days notIce, call tho loan linmedlately due and payable In full, and 'f Borrower falls to make payment m full, ~ndcr may thereafter exercIse any rem«ly permltlt:d hy the Secunty InstruJnent, lDCludlftg SUit on the Note 01' foreclosure upon the Security Interest and th .. Property, 'or' (b) Lender lnAy adjust the Interest rate on the Note (and any monthly payment occaSIoned by such adjustment) to Lender'R 'Non-Occupancy Note Rate' whIch eXisted a'l of" the date of the Nole and Security Instrument and requIre further conqlderatlOn for not calling the loan Immed'"tely due lind payable, IIlCJudmg bul not hnuted to (I) havIDg Borrower (..(Jnvey 10 Lender" Fanme M.ae Mulllstatc 1-4 Family Rider (ASSignment of RenL'!) and (II) h"vmg Borrower pay any amount of pnnclpal on the loan necessary (If at all) to make the loan conform to whatever loan-to-valuc raho condItiOns Lender would have reqUired of a 'Non-Owner-Ol..Cupled Loan' on the Property as of the date of the Note ~ Secunty In'ltrument " o Occupancy of Property By Borrower' Waived. .. IS deleted UlUform Covenant 6 of the Security Instrument 2. ADDITIONAL SPECIAL COVENANTS. A AddJtfonaJ Advance{<i) .Tlns Secunty Instrument also secures the payment of any further sums advanced or loaned by Lender 10 Borrower, or any of Its successors or assIgns, If (I) the Note or other wntlng .evldenclng . the future advance or loan. specIfically states that It IS secured by this Secunty Instrument, or (2) the advance, lDcludlng costs and expenses IncUi"Nd by Lender, IS made pursuant to thiS Secunty Instrument or any other documents executed by Borrower eVIdencing, secunng, or relatlng to the Note and/or the Collateral, whether executed pnor to, contemporeneously With, or subsequent to this Security Instrument (thIS Secunty Instruinent, the Note and 'Iuch otheT documents, .ux.ludmg any construclJon loan, land loan or other loan agreement, are hereInafter collechvely referred to as the "Loan Documents"), togeth .. r WIth Intere"t thereon at the rate set forth In the Nol .. unle'!, otherwise specIfied 1ft th .. Loan Documents or agreed to 1ft wnhng L041 03/28/00 B Lender's Right of Acceleration and Judicial Foreclosure. Uruiorm Covenant 19 and Non-Uruform Covenant 22 of the Security Instrument are &Dlended by theaddlhon of the follOWing language, which """II modify the terms of Uruform Covenant 19 and Non-Uruform Covenant 22 to the extent set forth nnmcdaately below "Borrower acknowledges that the terms and COnditiOns of Uruform Covenant 19 and Non-Umform Covenant 22 are Intended to avail Borrower of certain notice and reinstatement nghts If Lender elects non-JudiCial foreclosure under Its power of sale In the event of default. and that Borrower has a statutory nght of redempbon protecttng Borrower m the event of JudiCial foreclosure Therefore. nomrltbstandlJl8 any proVlslon of Uruform Covenant 19 and Non-Umform Covenant 22 of dus Secunty Instrument, If Lender, at Its own option, elects to accelerate the Secunty Instnunent by commencement of Judlcl8l foreclosure for any default or breach by Borrower. the Borrower shall .... ' not have the nght of relnstateinent or entitlement to certaui notices as proVided for In Uruform c.c.:> Covenant 19 and Non-Untform Covenant 22 " C. Reconveyance After Payment of Loan In Full. Non-Uruform Covenant 23 of the Secunty D Instrument IS reVIsed to read as follows "23. Release or Reconveyance. Upon payment of all sums secured by tbts Secunty Iustrument, Lender shall request Trustee to release or reconvey the Property and shall surrender this Secunty Instrument and all notes eVidencing debt secured by ttus Sccunty Instrument to Trust_ Trustee shall release or reconvey the Property Without warranty to the person or persons legally enbtled to 'Il Such person or persons shall pay any recordalton costs and reasonable trUStee's fee for release or reconveyance .. Mandatory Flood insUrance (or Property in Special Flood Hazard Areas. Uruform Covenants 3 and 5 are modtfied so as to add the followUlB language which affects both covenants • If Ihe Property IS now or shall .over durtng this loan be determined by tho Federal Emergency Management Agency (FBMA). or Its successor ageocy, to be Wlttun a SpecIAl Flood Hazard Area :(SFHA). then to the extent flood UISI1J1lnce IS available for the Property, Lender WIll reqwre. upon notice to Borrower of such dcterounatlon, that adequate flood IDSurance be mamtameci for tbe 1PlJ?~C)V~me_~~1I ~f t,t::.e, ~rQl?"$ aJ. ~~rro,wer'8 e~~~!IC, aAA l,..<oJ!der s\1~H ~. eJ;1tltl~ to. collect, ~ part of 'Ule FUlids defined under Covenant 3, and to the extent authonzed by federal law and regulatton, "Escrow Items" (reserves) for flood IDSurance premIUms. and If Borrower does not voluntarily pay for the flood Insurance as part of said Funds, Lender shall be enhtled to obtain "forced place" flood Insurance coverage for the Property Improvements and. In sO dOIng. eIther capltaltze the cost of ,,'Uch coverage to the pnnclpal balance of the loan or apply the payment as a "negatIve reserve". Whereupon Borrower shall be deemed to be III default of thIS Secunty Instrument E "Custom" Construe bon Loans. If ttus Secunty Instrument secures permanent financing to construct or remodel a reSIdential dwelltng on the Property ("'custom' constructaon loan"), then tbe . Construction Loan Agreement & ASSignment of Account SIgned by Borrower along WIth tlus Secunty Instrument and Addendum shall be IDcorporated by reference tn and be a part of this Secunty Instrument, and any default or breach by Borrower of the Construction Loan Agreement & AsSignment of Account sball constatute a default or breacb of this Secunty Instrument. thereby entitling Lender to any and all remedies allowed by the Secunty Instrument and appbcable law for such default or breach F E-Z Pay Option. If Borro""er elects the E-Z Pay optlon Ilt the l1'>CepttDn of trub loan, tben Lender ,shall temporarily defer the mro hundred dollar,($200) payment proC<>8s.ng charge which IS otherwtse due and payable 1D full at clOSing However. If at any time, Borrower's E-Z Pay bank aCl-ount has InsuffiCient funds to cover a payment when due. or If Borrower's E-Z Pay bank account JS closed,or otherwise becomes unavailable to Lender for the payment of the loan. or ID the event Borrower elects, at any tllne, to terminate the E·Z Pay option, then Lender may remstate and demand the two hundred dollar ($200) ·payment proceSSing charge from Borrower In wh1ch event this charge shall then be due and payable In full Lender shall Inform Borrower of tlus elecbon III wntang and Lunder may. at Lender's option, either requIre Borrower to pay the payment processing charg" Within J 0 days of receipt of wntten notice or add the amount of the charg" to the. remaaruog pnn()tpal balance of the JOan If the charge IS added to the loan, tben It shall become addlbonal debt of Borrower secured by ttus Secunty Instrument and shall hear Interest at the Note rate and shall be payable In accordance With the terms of the Note (Pall" 2of3) - ) - I ,I L041 03/28/00 " ," G Ha:zard, Property, or Flood Insurance. WIthout affecting the language contamed an Covenants 2. H S. and 7 of the Secunly Instrument and paragraph D above. Borrower I~ advlIled a .. follows WARNING Unless Borrower provides Lender With eVldeJK.e of til<' Insuranc .. c..ovcrdg .. d~ required hy the deed of trust or loan agreement. Lerx)er molY purcha'IO Insuranc .. at Borrow"r'~' .. xpen'ie to' protect, Lender' .. Inlerellt Thl'l Ulsur.4nc..e may. hu't need not. al'lo protec..1 horrower· ... Inte .... ~t If the collateral hecome .. damaged, the coverage Lender purcha'les may not pay any c..lalm Borrow .. r makes or any claim made agamst Borrower Borrower may later (..8ncel tlus coverage by provldmg eVidenCe that II ha .. ohtaaned propea1y coverage elbdwher .. Borrower 18 responsible for the "o"t of any Insurance purcha .. cd hy Lender Th .. c..o~t of tlub lRsurance may he added to the loan halance If the cost IS added to the loan h.4l.4nc.. ... the Int .. r .... t rate on the underlYing loan wtIl apply 10 tlu .. added dmount Th .. effec..hv" ddt .. of c...,v .. rdg" molY h .. the date the pnor <.Overage lapses or the date Borrower falls to prOVide proof of cov .. ntse The coverage Lender purchase'i may he coTlluderahly more expen·nve than II\.c;urance Borrower can ohtaln,on Its own and rnay not 'lBtl"fy any need for propea1y damage coverage or any maridatory hablhty Insurance requlrem .. nts Imposed by apphcable law Late Charges and Other Fees Lender may, at Lender's ophon, either require Borrower to pay any late, charge for overdue payments or NSFlretUrned Item feeb related to dny paymentb under the Note, or add th .. amount of any such c..harges or foes to the remallung pnnc..lpal balanc..e of the loan If thes .. charges' andlor fees are added to the loan. then they '1hall he<.ome dddltaonal d .. bt of Borrower '1ecured .hy th ... Security Instrument and shaU hear ant .. ...,,,t at th .. Not .. rdte dnd ... h.U b .. payable 10 accordanc .. With the t .. rms of the Not.. Asslgrunent of the Loan. If Lender transfers Its mlerost m or a nghl 10' r .. "elve loan paym .. nts und .. r the Not .. secured by the Security IDlitrumenl, tlus Addendem. or dny part of II. may be cancelled at the opbon of Lender and Without advance notice to Borrower, dnd Lender may make and record any Inst",ment. Without signature' of Borrow .. r, which may he n"" .... ~lIry to gtY .. , r .. c..()rd nottce of such cancellatIOn /J'S/ ANNETTE B DHMPS 003611 1412 12&7 L041 03/29/00 \ CITY CLERK DIVISION MEMORANDUM DATE: November 4, 2004 TO: Carrie Olson, Development Services FROM: ~ebbie Evans, 425-430-6513 SUBJECT: Parkview Homes (FP-04-071), PID 3343900860 Joint Access, Utilities & Maintenance Agreement, Recording #20041005002154 The attached document has been recorded with King County, and is being returned to you. Please forward copies to the parties of interest, and retain a copy for your file. The original document has, been placed in the City Clerk's file. A copy has also been placed in the Land Use file. The mylar for this project has not been returned to our office by King County Recording, but their website shows that it was recorded as 20041005002153. I have asked Mari Trujillo to check on this, and I will let you know the outcome. Attachment ........ .......•.. 6 Centre 33701 9th Avenu. South ~ Federal Way. WA. 98003 _~_ Pointe (253) 661-1901 t Surveying LUA+04-o7l-FP LND-iO-03fl8 ........ :': ..... . DRAY!( DY'. .J Kleswet ter CH1.CDD fit. S Woods DAm August 11. 2004 lOS ""'" 2225 ~ NA ~. "1., 2225 ..... ::. '.: .:.: .,'.:: .... '. : ~ ::-:..;.... . ..... ::: DlDDiIA1.t NE-NE 05, T23N, R5E, WM Mark Rousso 4734 Northeast 4th Street Renton. WA 98059 KING COUNTY, WASHINGTON SHEET 1 OF 3 \ PARKVIEW HOMES •..• ~ A PORTlON OF THE NE 1/4 OF THENE 1/4 OF SEC. 05, TWP. 23N., RNG. 5l<{:'··.·.JI. M>\., ::,',:' .. :.,':. CITY OF RENTON, Legal Description: I h':? East half of Tract 223. C. a Hillamn' 5 Lake Was;lington ~~[lr(]'!!n of EO(ln MrHtlc:n to Seattle Division No, 4, (\r.I;(,'"dtng tu tile-plat lhereor recorded in VOlume 11 of Plats. Paga 82. in King County. t:eshington. ..... : .. ~ .. VfCINTTY MAP ......... :::: ......... }~. 1/4 mi le \ '. :.' KING COUNTY, ....... \.,-... "" ... ,. ':'" -& . Centre 33701 9t.h ''''"u, South . ~ . Fedel'6.l Way. VIA. 90003 _~_ Pointe (253) 661-1901 t Surveying DUJlt1ll. J Kioswetter CHlXItlDBY. 5 Wood! oPJRts 5-23-2005 nAI!: August 11. 2004 »8 NAWt: 2225 ...... ~::~f;~::....L ________ .:.._L.:::::====:::J!te 1"-1320' JOBFlI.: 2225 WASHI~:TON""" .... ,." ...... . tUlO,\Tl . ... ':'" NE-NE 05, T23N, R5E, WM Mark Rousso 4734 Northeast Atn Street Renton. WA 98059 KING COUNTY, WASHINGTON SHEET 2 OF 3 ,.,. The Itf'~ Hne ot th, Erst IlZIlt !ltT:"lItt2Z\ C.D./Ulllllillu·s L"ke HB5r\JI'I~~GII Gilrllm Of EO'JII ol(lc I tllln lo 5aut)! ilhldllll foIll, 4, -.--.-t --. - --. ~~~..;::- ',::};;l£~~;~iti:'" , , ~ " o ,. EJ> '" '" '" LOT 9 = • r"" ~~~ .gf'i .".'" "0 o z LOT 0 = .:.,: ..... ,'.' ~+---~~~~~71~11~~2~9~·-t.g I·' I.'" :.' ..... "'::. 1 "':'. •. ,:_. _ .. ___ JO II .~SCALE: ~]j" 40' ,.- ' .... :,' . g,-----o ~ o· . , g .~ 6 Centre 33"101 91b Avr.nue South , Federa) 1I1:I;Y. WA 90003 __ .... Pointe (2~3) 661-1901 Surveying PlU.J\f n ,J Kieswet tar tlfICKl» Bt 5 Hoods DAT£: August 11. 2004 JOB liAlm 2225 """ 1-' 40' 2225 :.:':~~~. ~: ..... .: .. : ...... . . ':. '.::: ..•. : ~"" Total Acreage: OVERALL -76990 sa. FT.I t. 765 ACRES DEDICATED RIGHT-oF-NAY: 971000. FT./ 0.223 ACRES "'ti_ NE-NE 05, T23N, R5E, WM """" roo Hark Rousso 473.d Nor'tlleast 4th Street Renton. W.A. 9a059 KING COUNTY, WASHINGTON SHEET 3 OF 3 I .. ....... :. .... ~ ....•. :: ... ...... Ii I ./. L u;t -0'-( -0 "1 ( Return Address: CitY9f Renton City q~erk's Office 1055 S Grady Way Renton, WA 98055 0llli JJJIl DECL 2S.ee Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 6504) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Joint Access, Utilities and Maintenance Agreement Reference Number(s) of Documents assigned or released: Additional reference #'s on page 2 through 7 of this document Grantor(s) (Last name, first name, initials) 1. J & M Development Corp. .. Additional names on page __ of document. Grantee(s) (Last name first, then first name and initials) I. Owners of Lots 7,8,9 and 10 of Park view Homes Additional names on page __ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) The East half of Tract 223, C.D Hillman's Lake Washington Garden of Eden Addition to Seattle Division No.4, according to the plat thereof recorded in Volume 11 of Plats, Page 82, in King County, Washington. Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number o Assessor Tax # not yet assigned 334390-0860 The AuditorlRecorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. --=(:::/_·-~2~ .. Y:.../!::.1f~~:!-t.1.:!.~(j~.,.L1J.. :.tk~>~/L~::::::=======:=::::::::~/~_Signature of Requesting Party After Recording, Return to: City of Renton City Clerk's Office 1055 ~ Grady Way Renton, WA 98055 [Space above this line for Recorder's use only] DECLARATION OF JOINT ACCESS, UTILITIES AND MAINTENANCE this Declaration of Joint Access, Utilities and Maintenance (the "Declaration") is being made on the date hereinafter set forth, by J&M Land Development, Inc., a Washington corporation ("J&M"). RECITALS: WHEREAS, J&M is in the process of platting into ten lots certain real property that it owns. However, only Lots 7, 8, 9 and 10, legally described on attached Exhibit A, are affected by this Declaration. WHEREAS, J&M is constructing a twenty (20) foot wide private driveway Twenty (20) feet of which will be comprised of an impervious material, e.g., asphalt ("Driveway"), graphically depicted, and legally described on Exhibit B attached hereto, to provide shared access to Lots 7,8,9 and 10. WHEREAS, J&M undertook installing, for the benefit of Lots 7,8,9 and 10: certain utilities, including, but not limited to cable, phone, electrical, water, sewer, gas and shared storm drainage. WHEREAS, this Declaration establishes mutual easements and maintenance obligations regarding the shared Driveway and the improvements, including the utilities, within the Driveway. NOW, THEREFORE, J&M hereby declares as follows: 1. Grant of Easement. J&M hereby declares perpetual, non-exclusive mutual easements to and for the benefit of Lots 7, 8, 9 and 10, over, under and across the Driveway depicted and described on the attached Exhibit B (the "Easement Area"), for the purpose of ingress and egress, and utilities, including storm drains. The scope of the easements granted Page 1 of6 ~. --~ hereunder shall include the right to install, construct, operate, maintain, remove, replace, repair, and use a paved joint driveway and all utilities located thereon (including but not limited to, power, water, drainage, sewer, and appurtenant facilities). 2. Maintenance and Repair. The owners of Lots 7,8,9 and 10 shall share equally the costs of maintaining and repairing the following: the Driveway, and the shared underground utilities, including the storm drainage. Any catch basin, if any, shall be inspected and cleaned on a semi-annual basis and the costs associated therewith shall be shared equally by Lots 7,8,9 and 10. All costs related to storm water runoff control shall be borne equally by the owners of Lots 7, 8, 9 and 10. The Lot owners shall share equally the cost of all real estate or other taxes applicable to the Driveway, if any. Provided, however, the cost of any repairs to the Driveway, or to other items that are to be mutually shared and maintained by the Lot owners as described herein, resulting from the negligence or intentional misconduct of any Lot owner, shall be paid by the Lot owner causing the damage except to the extent such cost is covered by insurance. Unless otherwise agreed in writing by the three Lot owners, all maintenance and repair decisions shall be by unanimous written consent of the Lot owners. After receipt of such unanimous written consent, any Lot owner incurring such maintenance and/or repair costs, shall provide a written invoice to the other Lot owners stating each Lot owner's pro-rata share of such costs, and the other Lot owners shall pay the invoice within thirty (30) days of receipt thereof. Any overdue amounts shall bear interest at the lesser of twelve percent (12%) or the highest nonusurious rate permitted by law, and the substantially prevailing Lot owner(s) in any action to recover those . amounts shall be entitled to their reasonable attorneys' fees and costs. 3. Separate Utilities. Each owner of Lots 7, 8, 9 and 10 shall be solely responsible for the costs of installing,~ replacing, repairing, and maintaining those utilities now or hereafter maintained within the Easement Area that serve such owner's property and not the other Lot owners' property. 4. Reservation. J&M and all future owners of all or any portion of Lots 7,8,9 and 10 reserve all rights not expressly granted hereunder. 5. Indemnity and Insurance. The owners of Lots 7,8,9 and 10, and such owners' successors· and assigns (each an "Indemnitor"), agree to indemnify,'defend, and hold the other owners and such other owners' successors and assigns harmless, from and against any' and all claims, liens, losses, liabilities and expenses, including attorneys' fees and court costs, incurred by or asserted against such owners or their successors and assigns, as a result of any negligent or wrongful acts or maintenance or repair on the Easement Area by the Indemnitor or its employees, agents, tenants, contractors, successors or assigns. This indemnity shall run with the land and shall inure to the benefit of the owners of all or any portion of Lots 7,8,9 and 10. Each owner shall at all times, at its sole cost and expense, keep in full force and effect a policy of commercial general liability insurance insuring against any and all claims or liability arising out of the use or maintenance of the Easement Area, in an amount of not less than One Million Dollars ($1,000,000) per occurrence, covering bodily injury to persons, including death, and damage to property, including automobile liability coverage and contractual liability endorsement covering Page 2 of6 the indemnification covenant stated above; and shall insure the hazards of the Easement Area and the insured party's operations thereon, including the acts of its independent contractors. Each party shall be named as an additional insured under the policy of the other party, such coverage may not be discontinued or terminated except upon thirty (30) days prior written notice to the other party, and each policy shall have a deductible of not more than $5,000. 6. Reasonable Use. The owners and their tenants, employees, agents, contractors, successors or assigns shall use the Easement Area in a reasonable manner consistent with this Declaration and, to the extent reasonably possible, shall avoid disturbing the other owner or its agents, employees, tenants, contractors, successors or assigns. 7. Notices. Any notices required or permitted hereunder shall be in writing and shall be effective when delivered in person, the third day after being sent by registered or certified United States mail, return receipt requested, postage prepaid, or the first business day after being sent by overnight courier, addressed to the owner of Lots 7, 8, 9 and 10, as the case may be, at the current mailing address listed in the records of the King County Assessor. 8. Covenants Running With the Land. The rights and restrictions contained herein shall be deemed appurtenant covenants running with the land and shall benefit and be binding upon the owners of Lots 7, 8, 9 and 10, and their respective heirs, successors and assigns. 9. Costs and Attorneys' Fees. Should an owner of Lot 7,8,9 and 10 initiate legal proceedings to adjudicate any issues arising hereunder or to enforce any term, the party who substantially prevails shall be entitled to reimbursement of their reasonable attorneys' fees, costs, and expenses reasonably incurred in preparing to bring suit, during suit, on appeal and in . enforcing any judgment or award.. It is agreed that any action at law or equity shall be brought in King County, Washington. 10. WaiverIModification. Any waiver of any breach shall not be considered a waiver of any future similar breach. There shall be no modification or amendment to this Declaration except in a writing signed by all of the owners of Lots 7,8,9 and 10. The foregoing Declaration and any rules and regulations adopted hereunder are in the best interests of the Plat. Any subsequent owner of Lots 7, 8, 9 and 10 shall be bound by this . Declaration and the terms and conditions set forth herein. DATED this 24th day of September 2004. J&M LAND DEVELOPMENT, INC., a Washington corporation, ~Me~/L arRousGesident Page 3 of6 ":LJ \ &.pbt~-"-THIS IS TO CERTIFY that on this ~ day of Jt:me 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Marc Rousso, to me known to be the President of J&M Land Development, Inc., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. Page 4 of6 EXHIBIT A [Legal Description of Lots 7,8,9 and to] LOT 7 Lot 7 of the Plat of Parkview Homes, as recorded in Volume _ ,of Plats, at pages __ to __ , records of King County, Washington. LOT 8 Lot 8 of the Plat of Park view Homes, as recorded in Volume _ ,of Plats, at pages __ to __ , records of King County, Washington. LOT 9 Lot 9 of the Plat of Park view Homes, as recorded in Volume _ ,of Plats, at pages __ to __ , records of King County, Washington. LOTtO Lot 10 of the Plat of Park view Homes, as recorded in Volume _ ,of Plats, at pages __ to ,records of King County, Washington. Page 5 of6 EXHIBITB Joint Access, Utilities and Maintenance Description Commencing at the southwest comer of the east half of Tract 223, C.D Hillman's Lake Washington Garden of Eden Addition to Seattle Division No.4, according to the plat thereof recorded in Volume 11 of Plats, Page 82, in King County, Washington. thence North 00°30'57" West, along the west line of said east half, a distance of 385.00 feet; thence North 39°34'05" East, a distance of 55.00 feet to the True Point of Beginning; . thence North 42°47'03" East, a distance of 15.43 feet; thence North 00°30'57" West, a distance of 103.62 feet; thence South 89°56'57" East, a distance of20.00 feet; thence South 00°30'57" East, a distance of 111.36 feet; thence South 42°47'03" West, a distance of25.95 feet to a point of cusp on a curve concave to the southwest having a radius of 55.00 feet and a central angle of21 °07'36" and being subtended by a chord which bears North 39°52'07" West 20.17 feet; thence northwesterly along said curve, a distance of 20.28 feet to the True Point of Beginning. Page 6 of6 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98055 III 410 CITY OF RENTON BS PAGElll OF liZ 11/15/Z114 13:Z4 ICING COUNTY, LlA (00 Address: 2. 30cc Nt:. ~ ST The Grantor, as named above, for, and in consideration of mutual benefits, bereby grants, bargains, sells and delivers to the Grantee, as named above, the follov.ing described personal property: WATER SYSTEM: ~ Size ~ SANITARY SEWER SYSTEM: ~ STORM DRAINAGE SYSTEM: 2,Q ~ ~ lot?> L.F. of L.F. of L.F. of each of each of each of L.F. of L.F. of L.F. of each of each of each of L.P.of L.P.of L.F. of Water Main Water Main Water Main .. Gate Valves .. Gate Valves Fire Hydrant Assemblies Size ~ B P\lC Sewer Main Sewer Main Sewer Main 1B .. . Diameter Manholes .. . Diameter Manholes .. Diameter Manholes Size ~ 12-It CRe.F Storm Line e It p.I.. SlormLine Storm Line each of ,. Storm Inlet/Outlet each of 2B> " T'i~ I Storm Catch Basin each of Manhole STREET lMJ'ROVEMENTS: (Including Curb, Gu~er, Sidewalk, Aspbalt Pavement) Curb, Gutter, Sidewalk SCfl» L.F. Asphalt Pavement: lOtOS" SY or scr{P L.F. of liD I Width STREET LIGHTING: # of Poles By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against a1l and every person or persons, wbomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. t)o(J _ 0 In. H:\FILE.SYS\FRM\&4HNDOU1\BJLLSALE.OOCW.AS Page 1 Fonn 84 OOOllbh IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. lleu,-jh,,{ < 0 INDIYIDUAL FORM OF A CKNOWLEI>GMENT Notmy Seal must be within box STATE OJ'' WASJiINGTON ) ss --.... 'R ... ""', COUNTY OF KING ) • :~~ ••• : ~~~, '. I certify that I know or have satisfactory evidencc that J1arc R(})'(s ~O :;I l' ~'f;:.<£,s'ON"i ..... ~ 't ."'f"': "tS . ~' ~'-~ I, va1 MezlstrtUr 0 signed this instrument and ! ~ /~ ~OTARy ~\ ~ " acknowledged it to be hislherltheir free and voluntary act for the uses and purposes I. : () --_ m : ~ mentioned in the instrument 'I • ""-~ -e " ~. PUauc .: ~ /1 ,,)//1",:" 0-~ p ae 'f ~... ~." ~...:U::,:Vf/~ vr.~ '~=;..;.=~'\~~=~~;::;:-::;:::=-______ ~ 'I -?A.·.'?:19-0~."" £ Not"rv Public in and for the State of Washington \\<:-~ Of:I~',~-';:~~ _: .... J '" rVI'\>;)t"l'__ Notary (Print) Aan~ 12; A?Waod?C ",', .... ' Notary Seal must be within box My appointment expires: . ..."u"""--..... 1 .... 9<---_o_6=·· ______ _ Dated: <1'/1" /0 REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or han satisfactory evidencc that _______ _ _ -:-:-:--:---:-~ __________ signed this instrument, on oath stated thilt helshcltbey waslv.'ere authorized to execute the instrument and acknowledged it as the and ______ _ of to be the free and voluntmy act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) ____________ _ My appointment expires: ___________ _ Dated: CORPORATE FORM OF ACKNOWLEDGMElI7 Notary Seal must be within box STATE OF WASHINGTON) SS COUNTY OF KING ) On this day of , 19---, before me personally appeared ~----------------------------------~--_to~knOWDto be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) ____________ _ My appointment expires: ______________ _ Dated: Page 2 " " September 13, 2004 ADMINISTRA TIVE REPORT CONSENT AGENDA Council Meeting Minutes of August 23, 2004 Appeal: Sunset Bluff Preliminary Plat, SR 900 LLC, PP-04-002 CAG: 04-113, 200 Mill Building Chiller Replacement, MacDonald-Miller Facility Solutions Court Case: Kelly A Wright, CRT-04-006 Plat: Parkview Homes, NE 24th St, FP-04-071 Annexation: Johnson, 142nd AveSE Renton City Council Minutes Page 303 Councilman Corman suggested that staff consider limits by distance when evaluating the view obstruction issues. Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2004 and beyond. Items noted included: • The King Conservation District Board of Supervisors recently awarded the Renton Parks Division the 2004 Local Government Conservation Award for the division's initiative and support on habitat enhancement work at the Black River Riparian Forest. • A new ordinance related to motorized foot scooters is now in effect in Renton. The ordinance requires scooter users to be age 13 years or older; obey all rules of the road; wear helmets; and affix a muffler or modified muffling device to the scooter. They are not allowed in any park, trail, or sidewalk, or on streets with a speed limit above 25 miles per hour. Additionally, scooters may not be operated from one-half hour after sunset to one-half hour before sunrise. • Renton residents will see a change in the day their garbage, recycling, and yard waste are collected beginning October 4th. Customers will soon receive printed information about the change in their collection day. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of August 23, 2004. Council concur. City Clerk reported appeal of Hearing Examiner's decision on the Sunset Bluff Preliminary Plat (PP-04-002); appeal filed by SR 900, LLC, 9125 10th Ave. S., Seattle, 98108, on 8117/2004, accompanied by required fee. The appeal packet includes an additional letter from Herons Forever as allowed by City Code. Refer to Planning & Development Committee. City Clerk reported bid opening on 9/3/2004 for CAG-04-113, 200 Mill Building Chiller Replacement; three bids; engineer's estimate $180,000; and submitted staff recommendation to award the contract to the low bidder, MacDonald-Miller Facility Solutions, Inc., in the amount of $121,594.88. Council concur. Court Case filed by Diane L. Vanderbeek, Attorney at Law, on behalf of Kelly A. Wright, alleging assault and battery, violation of civil rights, intentional infliction of emotional distress, and negligence while in the custody of the Renton Police Department on 8/27/2002. Refer to City Attorney and Insurance Services. Development Services Division recommended approval, with conditions, of Parkview Homes Final Plat; ten single-family lots on 1.77 acres located at Camas Ave. NE and NE 24th St. (FP-04-07l). Council concur. (See page 305 for resolution.) Economic Development, Neighborhoods and Strategic Planning Department recommended a public hearing be set on 10118/2004 to consider the proposed R-8 zoning for the Johnson Annexation; 18.24 acres located east of 142nd Ave. SE and south of SE 118th S1. Council concur. September 13, 2004 Plat: Jericho, Jericho Ave NE, PP-04-031 Public Works: Surplus of City- Owned Property, 901 Harrington Ave NE Police: Jail Administration Interlocal Agreement, Various Cities Lease: Lane Hangar Condominium Owners Association Addendum #2, Airport, LAG-99-OO3 Airport: Ace Aviation Operating Permit & Agreement Transportation: 1-405 Congestion Relief & Transit Projects Memo of Understanding, WSDOT CAG: 03-034, Water System Plan Update, RW Beck CAG: 03-115, East Kennydale Sanitary Sewer Infill & Water Main Replacement Phase IT, Robison Construction Added CORRESPONDENCE Citizen Comment: Head -One- Way Streets Renton City Council Minutes Page 304 Hearing Examiner recommended approval, with conditions, of the Jericho Preliminary Plat; 35 single-family lots on 5.31 acres located at 335 Jericho Ave. NE (PP-04-031). Council concur. Planning/BuildinglPublic Works Department recommended approval to declare surplus City-owned property located at 901 Harrington Ave. NE (old Fire Station #12), and to set compensation for the property at $475,000. Refer to Community Services Committee. Police Department recommended approval of an interlocal agreement for jail administration with various cities to establish the purpose, membership, and governance of oversight groups to administer the jail contracts with Yakima and King County. Renton's expenditure in 2004 is $4,393. Refer to Public Safety Committee. Transportation Systems Division recommended approval of Addendum #2 to LAG-99-003, Airport lease with Lane Hangar Condominium Owners Association, for a rent increase from $12,682.82 to $13,597 annually. Council concur. Transportation Systems Division recommended approval of an operating permit and agreement with Ace Aviation, Inc. for an aircraft maintenance facility at the Airport. Additionally, approval was sought for the Airport sublease agreement between Bosair, LLC and Ace Aviation, Inc. Refer to Transportation (Aviation) Committee. Transportation Systems Division recommended approval of a memorandum of understanding establishing a cooperative relationship with Washington State Department of Transportation for the 1-405 congestion relief and transit projects. Refer to Transportation (Aviation) Committee. Utility Systems Division recommended approval of Addendum #2 to CAG-03- 034, contract with R.W. Beck, Inc. to complete the update of the Water System Plan in the amount of $65,448; and approval to transfer $46,000 from the Reservoir Re-Coat project budget to the Water System Plan Update project budget. Refer to Utilities Committee. Utility Systems Division submitted CAG-03-115, East Kennydale Sanitary Sewer Infill and Water Main Replacement Phase IT; and requested approval of the project, authorization for final pay estimate in the amount of $7,881.46, commencement of 60-day lien period, and release of retainage bond in the amount of $65,528.19 to Robison Construction, Inc., contractor, if all required releases are obtained. Council concur. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. At the request of Councilman Corman, correspondence was read from Douglas R. Head, Edward Jones, 4250 NE 4th St., Suite B, Renton, 98059, in which he references an article in the Renton Reporter regarding Renton's street system. He indicated that the outdated and confusing street system needs updating. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL REFER THE TOPIC OF ONE-WAY STREETS TO THE TRANSPORTATION COMMITTEE. CARRIED. CITY OF RENTON, WASHINGTON RESOLUTION NO. 3714 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (PARK VIEW HOMES; FILE NO. LUA-04- 071FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the PlanningIBuildinglPublic Works Department; and WHEREAS, after investigation, the Administrator of the PlanninglBuildinglPublic Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and . recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the PlanninglBuildinglPublic Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. 3714 (The property, consisting of approximately 1.77 acres, is located in the vicinity of Camas Avenue and NE 24th St.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the PlanningIBuilding/Public Works Department dated August 20, 2004. PASSED BY THE CITY COUNCIL this 13th day of __ s=e=p:::..::t=e=m~b=er=--_, 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 13th dayof __ s_e=--p_te_m_b_e_r ____ , 2004. Approved as to form: RES.I068:8/24/04:ma 2 .- RESOLUTION NO. 3714 Exhibit A The East half of Tract 223, C.D Hillman's Lake Washington Garden of Eden Addition to Seattle Division No.4, according to the plat thereof recorded inVolume 11 of Plats, Page 82, in King County, Washington. 'RESOLUTION NO. 3714 SITE . NORTH 20TH ST - VICINI·TY·tV1AP .. .> '. ',1 N.T.S. \ / DATE: TO: FROM: . SUBJECT: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM August 31, 2004 Bob Mac Onie Sonja Fesser, Technical Services Arneta Henninger, X7298 It ~ DEMPS PARKVIEW HOMES FINAL PLAT LUA 04-071 FP CAMAS AVE NE AND NE 24TH ST FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Approval: cc: Yellow File Name Title Date , V,'7t ) ff' <31 oath d Name . e Date ajalh4 I wore: : ~;s...L I ~ ~Cf 10 THE A.TT;~ .. J!:::H·Eb MEMo . , • " DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM August 26, 2004 Arneta Henninger Sonja J. Fesser.$l Parkview Homes Plat, LUA-04-071-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced submittal and have the following comments: Comments for the Applicant: File City of Renton Monument Cards with the city, after the monuments have been set. Reference the private drainage easement on the plat drawing. Without said reference, there appears to be no need for the "ACCESS EASEMENT" AND "DRAINAGE EASEMENT RESTRICTIONS" blocks noted on Sheet 2 of 3. COMMENT: The legal descriptions contained within Exhibit A of the "DECLARATION OF JOINT ACCESS, UTILITIES AND MAINTENANCE" document are incomplete. At the least, include spaces for the Volume number of the plat and corresponding page number, and reference "records of King-County, Washington". Comments for the Project Manager: Include in the recording instructions for this plat that there must be a cross-referencing of recording numbers between the plat (Sheet 2 of 3, Item NO.4 of "PLAT NOTES") and Exhibit A of the Declaration of Joint Access, Utilities and Maintenance document. The declaration recording number goes on Sheet 2 of the plat submittal, and the plat recording number is noted on said Exhibit A. \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-lO -Plnts\0398\RY040825.doc Printed: 09-23-2004 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA04-071 09/23/2004 04:35 PM Receipt Number: R0405182 Total Payment: 15,628.59 Payee: J & M LAND DEVELOPMENT Current Payment Made to the Following Items: Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5045 304.000.00.345.85 Fire Mitigation-SFR 5050 305.000.00.344.85 Traffic Mitigation Fee Payments made for this receipt Trans Method Description Amount Payment Check 2190 15,628.59 Account Balances Amount 4,776.84 4,392.00 6,459.75 Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5023 0 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5045 304.000.00.345.85 Fire Mitigation-SFR 5050 305.000.00.344.85 Traffic Mitigation Fee 5909 000.341.60.00.0024 Booklets/ErS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Remaining Balance Due: $0.00 D~"IC! ~ . -Kathy Keolker-Wheeler, Mayor f CITY JF RENTON ,. City Clerk Bonnie I; Walton September 14, 2004 Mr .. Marc Rousso . J &M Land Development· P.O. Box 2566 ' Renton, W A 98056 Re:Parkview Homes. Final Plat; File No.LUA-04-071 . bear Mr. Rousso: At the regular Co~ncirm~eting of September 13, 2004, the Renton City Council approved the referenced fina:lplat by a90pting Resolution No; 3714. A copy of the resolution is enclosed for your files. . "" . . . If I.canprovide 'additional information orass~st~nc,e,pleasef~el free to contact me. . " Sincerely, " . . , " '.: .~.' .. ~ ....•.. ~ Uh···~· ' ....... . '. .. . . . . ~ . ",. . , . . . . . Bonnie I. Walton .. City Clerk Enclosure Cc: Mayor Kathy Keolker-Wheeler .. Council President Don Persson : :~ . Arneta Henni~ger,Q~velopment Services Division Keith· & Annette Demps, 2308 NE 24th St, Renton,WA 98056.· . . . Stephen Wood~; Centre Pointe Surveying, 337019d1 Av S, Federal Way, WA 98003 '--1-:-05--5--S-'-ou-t--h O-ra-dy-W---ay"...·· ---R-en-t-on-, --W-as-h-:-in-gt-on-9S-0-5-5 --(-;-42-5-) 4-3-0--65-1-0-'-/ F--A)(-( 4-2-5-) 4-3-0--65-1-=-6-~ ® This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE :lio •• CITY OF RENTON, WASHINGTON RESOLUTION NO. 3714 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (PARKVIEW HOMES; FILE NO. LUA-04- 071FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the PlanningIBuildinglPublic Works Department; and WHEREAS, after investigation, the Administrator of the PlanningIBuildinglPublic Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the PlanningIBuilding/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereofas iffully set forth 1 RESOLUTION NO. 3714 (The property, consisting of approximately 1.77 acres, is located in the vicinity of Camas Avenue and NE 24th St.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the PlanningIBuildinglPublic Works Department dated August 20, 2004. PASSED BY THE CITY COUNCIL this 13th day of __ s-"-e"--"p'--"t'--"e_m--'-b-".-er"---_, 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 13th day of __ s_e_p_te_m_b_e_r ____ , 2004. Approved as to form: RES.I068:8/24/04:ma 2 RESOLUTION NO. 3714 Exhibit A The East half of Tract 223, C.D Hillman's lake Washington Garden of Eden Addition to Seattle Division No.4, according to the plat thereof recorded inVolume 11 of Plats, Page 82, in King County, Washington. " RESOLUTION NO. 3714 SITE ~. I!:! w ~ :::: ~ ~ ~ ~ . NORTH ~ fa CI) ~ o· ~ ~ ""S ~ ~ ~ ~ ~ ~ ~ ~. "'i( HE 20TH ST ~ (S. i! lU VICINITY MAP . N.T.S. September 13, 2004 UNFINISHED BUSINESS Finance Committee Finance: Vouchers . Community Services Committee Community Services: Renton Composite Squadron, Meeting Space Planning & Development Committee Vacation: Process RESOLUTIONS AND ORDINANCES Resolution #3714 Plat: Parkview Homes, NE 24th St, FP-04-071 Ordinance #5092 Annexation: Tydico, 136th AveSE Ordinance #5093 Annexation: Tydico, R-8 Zoning Renton City Council Minutes Page 305 Finance Committee Chair Corman presented a report recommending approval of Claim Vouchers 229833 -230367 and four wire transfers totaling $5,106,714.35; and approval of Payroll Vouchers 53094 -53435, one wire transfer, and 612 direct deposits totaling $2,032,816.49. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED . Community Services Committee Chair Nelson presented a report regarding the Civil Air Patrol's (Renton Composite Squadron) request for meeting and office space. The Committee met to discuss this issue on 7/16/2003. While there is . nothing available at City Hall or the Renton Municipal Airport, there has been an effort made to try to find alternate office space for the Civil Air Patrol. As a result of this, the Civil Air Patrol has been given a contact at the Salvation Army offices. At this time, the Committee recommended that no further action be taken and this matter be closed. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning and Development Committee Chair Briere presented a report regarding the City process for street vacations. The Committee met with staff to discuss the process for how the staff processes street vacations. As a result of these discussions, the Committee recommended that staff add an additional step to the vacation process. For each street vacation, it was determined that a briefing should be provided to the Committee prior to the public hearing. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolution was presented for reading and adoption: A resolution was read approving the Parkview Homes Final Plat; approximately 1.77 acres located in the vicinity of Camas Ave. NE and NE 24th St. (FP-04- 071). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for second and final reading and adoption: An ordinance was read annexing 9.61 acres of contiguous unincorporated territory known as the Tydico Annexation, by the election method, setting the taxation rate, and fixing the effective ,date of 9/22/2004 for the annexation. The site is generally bounded by the centerline of NE 3rd PI., if extended, on the north; the centerline of SE 132nd St., if extended on the south; 134th Ave., if extended on the west; and Bremerton Ave. NE (136th Ave. SE) on the east. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. An ordinance was read establishing the zoning classification of R-8 (Residential-eight dwelling units per acre) for the Tydico Annexation; 9.61 acres generally bounded by the centerline of NE 3rd PI., if extended, on the north; the centerline of SE 132nd St., if extended on the south; 134th Ave., if extended on the west; and Bremerton Ave. NE (136th Ave. SE) on the east. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRIED. '.' September 13, 2004 ADMINISTRA TIVE REPORT' CONSENT AGENDA Council Meeting Minutes of August 23, 2004 Appeal: Sunset Bluff Preliminary Plat, SR 900 LLC, PP-04-002 CAG: 04-113,200 Mill Building Chiller Replacement, MacDonald-Miller Facility Solutions Court Case: Kelly A Wright, CRT-04-006 Plat: Parkview Homes, NE 24th St, FP-04-071 Annexation: Johnson, 142nd 'Ave SE Renton City Council Minutes Page 303 Councilman Corman suggested that staff consider limits by distance when evaluating the view obstruction issues. Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2004 and beyond. Items noted included: • The King Conservation District Board of Supervisors recently awarded the Renton Parks Division the 2004 Local Government Conservation Award for the division's initiative and support on habitat enhancement work at the Black River Riparian Forest. • A new ordinance related to motorized foot scooters is now in effect in Renton. The ordinance requires scooter users to be age 13 years or older; obey all rules of the road; wear helmets; and affix a muffler or modified muffling device to the scooter. They are not allowed in any park, trail, or sidewalk, or on streets with a speed limit above 25 miles per hour. , Additionally, scooters may not be operated from one-half hour after sunset to one-half hour before sunrise. • Renton residents will see a change in the day their garbage, recycling, and yard waste are collected beginning October 4th. Customers will soon receive printed information about the change in their collection day. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of August 23, 2004. Council concur. City Clerk reported appeal of Hearing Examiner's decision on the Sunset Bluff Preliminary Plat (PP-04-002); appeal filed by SR 900, LLC, 9125 10th Ave. S., Seattle, 98108, on 8/17/2004, accompanied by required fee. The appeal packet includes an additional letter from Herons Forever as allowed by City Code. Refer to Planning & Development Committee. City Clerk reported bid opening on 9/3/2004 for CAG-04-113, 200 Mill Building Chiller Replacement; three bids; engineer's estimate $180,000; and submitted staff recommendation to award the contract to the low bidder, MacDonald-Miller Facility Solutions, Inc., in the amount of $121,594.88. Council concur. Court Case filed by Diane L. Vanderbeek, Attorney at Law, on behalf of Kelly A. Wright, alleging assault and battery, violation of civil rights, intentional infliction Of emotional distress, and negligence while in the custody of the Renton Police Department on 8127/2002. Refer to City Attorney and Insurance Services. Development Services Division recommended approval, with conditions, of Parkview Homes Final Plat; ten single-family lots on 1.77 acres located at Camas Ave. NE and NE 24th St. (FP-04-071). Council concur. (See page 305 for resolution.) Economic Development, Neighborhoods and Strategic Planning Department recommended a public hearing be set on 10/1812004 to consider the proposed R-8 zoning for the Johnson Annexation; 18.24 acres located east of 142nd Ave. SE and south of SE 118th St. Council concur. CI'.1. A. OF RENTON COUNCIL AGENDA ~lLL I AI#: 4. c/, Submitting Data: Planning/Building/Public Works For Agenda of: September 13, 2004 Dept/Div/Board .. Development Services Division Staff Contact ...... Arneta Henninger X7298 Agenda Status Consent. ............. X Subject: Public Hearing .. PARKVIEW HOMES FINAL PLAT Correspondence .. File NO.: LUA 04-071FP (preliminary Plat LUA 02-Ordinance ............. 061) Resolution ............ X Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description Study Sessions ...... 2. Staff report and Recommendation Aug. 20, 2004 Information ......... Recommended Action: Approvals: Council concur Legal Dept. ........ X Finance Dept ..... . Other .............. . Fiscal Impact: N/A Expenditure Required ... Transfer/Amendment ...... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project .. SUMMARY OF ACTION: The recommendation for approval of the referenced ftnal plat is submitted for Council action. This fmal plat subdivides 1.77 acres into 10 single family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Parkview Homes Final Plat, LUA 04-071FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. I:\Templates\AGNBHPIl.doc/ CITY OF RENTON, WASHlNGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (PARK VIEW HOMES; FILE NO. LUA-04- 071FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the P1anninglBuildinglPublic Works Department; and WHEREAS, after investigation, the Administrator of the PlanninglBuildinglPublic Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASH1NGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the PlanninglBuildinglPublic Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as iffully set forth RESOLUTION NO. __ _ (The property, consisting of approximately 1.77 acres, is located in the vicinity of Camas Avenue and NE 24th St.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the PlanninglBuildinglPublic Works Department dated August 20, 2004. PASSED BY THE CITY COUNCIL this ___ day of _______ :, 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ___ day of ________ , 2004. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1 068:8/24/04:ma 2 Exhibit A The East half of Tract 223, C.D Hillman's Lake Washington Garden of Eden Addition to Seattle Division No.4, according to the plat thereof recorded in Volume 11 of Plats, Page 82, in King County, Washington. .. SITE ~. ~ ~ ~ ~ ~ ~ ""{ NORTH ~ (3 <I) ~ W "':l :::: ~ ~ ""{ ""{ i ~ NE 20TH ST ~ ~ ~ tij VICINITY MAP. .~. " ".~ N. T.S. , / " VOWt.lE/PACE PARKVIEW HOMES "'/ I I I ____ .J 1 \ \ , / / ') 1 ------, ",;,:' ~(~~~<j : "'f'/~'t; :.~ _ ---4 1 1 1 _____ ...J 1 I 1 1 I 1 ------1 1 ----, 1 ____ 4 ;. '" ...,~,-s===.--:==rl'" • r'" NB9"29'06"E 111.30' "'~ ~ I -'O'~10' utility o 15' Co I ns_nt re ~-- --- ;;:; "!I LOT 5 ;;I ;;I ~ ~: o '" on .... -l--:====,....,-:-:--=.,.-~ 0 NB9°29'06"E 111.30'/ ~ +' I ~ N~I Q) -: ~ I LOT 4 0.6'111 gl'u,6'E o '" NS9 '29'06"E 111.29' " I o· LOT 3 .. o • '" :: ..c: .:g '" I .+oJ gl"'1 t M Lri~ ... ..;I_...,.,====..,.,~=--4~ :£ illlO _: NS9'29'06"E 111.29' :: ~~I LOT 2 ~C---~ 1ft I In • Found 2" brass disc I N89"29'OS"E 111.29' •. VI ~ cn~ ~rRe~~~~S:diB37 HI~:r.~;'i:":: trw" ~"''' "'", f-I,'" ( r:<lZ . . ICilY of Renton r~ ':~'~:k r-1.0'E ..}-~I ~ ~;~:;;; N ~ \ House to reNin ~ :~~D : I LOTI ~ _ ~ 15' to'l ~ ~. in C.V' ~ Ic....~ !OI ,,\~ ."~. ~ rtl Found_2: brass disc I \4),,~":"'.(~ ______ ,"","": .:..;. 0 "g _ --------. N8B'06']5'E 126.33' G,t. O."S g "\ith X, lncased. I .40.6t·~~, 85.72' ~ .• : ______ ~ jo..oI :51' '0.3·W 0 H ~~I .22' ~ '" .. 1 "0 ,." 66~_'" .... --~----1"if: r:<l ~-N8S'06'3S' 1323.13' . - Found 2-brass disc ~,Found 2-brass dlsc NE 24th Street with "X", incased :;11l with "X", Incased. East 1/A corner re~ 8asiS of Beartng pOint, .0 80 , I ~~~ ge. T:PM~3N. g~1 Found 3-brass d19C ~ with ~X·. incased. CHy of Renton' 369, S 4 ,-----.... .• Centre 33701 9lh A ... ue SDuth l;.f~ • Fed.ral Way, n 98003 _ _ Pointe (253) 681-1901 . ." ... \. • .,.~ ij\ SCALE: ~~i'~ I~ t Surveying ~ ., 3596~ ~ .t-\J/, r"ISH,"\:"s.§:-J Kleswetter. jC1lPEP DT: 1" 40' Will at 5 Woods ~.fl L~~~ om June 2, 2004 jJDB MAW£: Dl'Plt:S 5-23-2005 2225 SCII< 1"0 40" I"'" 2225 Legend: • Founa monument as noted Visited April 27. 2004.' e • Set 3~ brass dlsc with ~X-in 4" )( 4-concrete post . • • Set '4 rebar with yellow plastic cap stamped -22338/38965," • House Address Total Acreage: OYERALL -76890 SQ. FT.I 1. 765 ACRES ROAD -97tOSO. FT./ 0.223 ,"CRES IIIDDUTt NE-NE 05, T23N, R5E. """'PO> "'ark Rousso 4734 Northeast 4th Street Renton. WA 9S059 WM KING COUNTY, WASHINGTON SHEET OF (j ! ~ __ . ______ .... ____ . __ . \. ' I ---------_._. --_ .. _---_. __ .-._----_._------_."------------ DEVELOPMENT SERVICES DIVISION BUILDINGIPLANNINGIPUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Marc Rousso J & M Land Development Parkview Homes Final Plat (Preliminary Plat LUA 02-061PP) File: LUA 04-071FP Camas Ave NE and NE 24th St Section 5, Twp. 23 N. Rog. 5 E. Final Plat for 10 single family residential lots with water, sewer, storm, streets and lighting. Approve With Conditions FINDINGS. CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, J & M Land Development, filed a request for approval of a 10 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No.1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on June IS, 2002, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at Camas Ave NE and NE 24th St. The new plat is located in Section 5, Twp. 23 N. Rng. 5 E. 6. The subject site is a 1.77 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on September 16, 2002. S. The property is located within the R-S zoning designation (single family -S dwelling units/acre). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERe: 1. The applicant shall install a silt fence along the down slope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in of the King County Surface Water Design Manual. This will be required during the construction of both off-site and on-site improvements as well as building construction. A silt fence was installed prior to any clearing and grading in accordance with the City of Renton Standards. The silt fence will stay in place during construction of the building structures. 2. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in KCSWDM Temporary pipe systems can also be used to convey storm water across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. All sedimentary control measures have been completed and removed as construction is complete. Additional control may be necessary at time of the building permit process. 3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on- site improvements as well as building construction. The projects on-site/off-site supervisor performs inspections of all sedimentation and erosion control structures on a daily basis to confirm compliance with the King County Surface Water Design Manual (KCSWDM). 4. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the construction of the civil improvements of the plat. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. All erosion control has been completed and removed. No violations were reported . . Additional. erosion control will be in place at the time of the building permit process. 5. The applicant shall be required to design the project according to the 1998 King County Surface Water Manual Level 2 Flow Control. The project was built in accordance with the 1998 King County Surface Water Manual Level 2 Flow Control. 6. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate 0/$488.00 per new single family lot with credit given for the existing single family lot prior to the recording of the final plat. Fire Mitigation Fees will be paid in the amount of $488.00 per new single family lot (9) prior to Final Plat Approval. 2 PARKVIE\JFP.DOC/ 7. The applicant shall ensure that the full 50 foot right-oj-way as depicted on the preliminary plat has been dedicated to the City and the street is built prior to recording of the final plat. The satisfaction of these requirements shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. The 50' right of way shown on the Preliminary Plat will be dedicated upon recording of the final plat. The Plat of Parkview Homes will dedicate the easterly 15 feet of the 50' right-of-way. The westerly 35 feet were dedicated by the adjoining plat. At this time road improvements have been completed. 8. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of$75.00 per each new trip average daily trip with the project with credit given for the existing single family lot prior to the recording of the final plat. The applicant will pay the appropriate fee for Traffic Mitigation prior to Final Plat Recording. Fees will be based on a $75.00 per each new average daily trip. 9. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of$530.76 per new single family residential lot with credit given for the existing single family lot prior to the recording of the final plat. Park Mitigation Fees in the amount of $530.76 per new single family lot (9) will be paid prior to Final Plat Recording. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall comply with the conditions imposed by the Environmental Review Committee (ERC). The conditions imposed by the ERe were complied with as shown above. 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for demolition of all outbuildings located on the property. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. A copy of the demolition permit for all demolished structures will be submitted prior to the recording of the Final Plat. 3. A Homeowners' Association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities jor all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Divisions for review and approval by the City Attorney and Property Services section prior to recording of the final plat. The maintenance agreement included in this submittal package will be recorded prior to the recording of the final plat. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. 3 PARKVIEWFP.DOC/ RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED TmS 20TH DAY OF AUGUST, 2004 4 PARKVIEWFP.DOC/ DEVELOPMENT SERViCESDN DATE: TO: FROM: SUBJECT: .'- CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM August 30, 2004 Gregg Zimmerman, Administrator Arneta Henninger, Development Services DEMPS PARKVIEW FINAL PLAT LUA 04-071FP CAMAS A VB NE AND NE 24TH ST The purpose of this memo is to address your two questions regarding this plat. The first question was regarding the timing of the installation of the storm detention. We met with both Marc Rousso and Jim Jaeger, they submitted the plans with the changes and we approved it on July 23,2004. Mr. Rousso submitted the letter you refer to after his revised plans were approved. Per an August 26,2004 email.Mr. Rousso states that they "are more than halfway complete with installing the drainage pipe and should be completed within 5 days." I confirmed this information with the City inspector. I am seeking concurrence to place the plat on the Council agenda. All work, of course, will be complete or deferred prior to my requesting your signature on the final plat. The second question is regarding the establishment of a homeowner's association. I am attaching a copy of the Hearing Examiner's Recommendation 3 which allows the applicant the option of creating a homeowner's association or a maintenance agreement. The applicant submitted a Declaration of Joint Access, Utilities and Maintenance which I sent to the City Attorney's office for review as to legal form along with a copy of the Hearing Examiner's report. The City Attorney approved the document as to legal form on June 30,2004 and that approval memo is in the Yellow File. The yellow file is attached for your use. If you have any questions please call me at X7298. Thank you. cc: Kayren K. August 13,2002 OFFICE OF THE HEARING EXAMINER . CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Annette Demps A&D Quality Construction Co., LLC PO Box 2552 Renton, W A 98056 Parkview Homes Preliminary Plat File No.: LUA-02-061,PP,ECF The site is located at northeast corner ofNE 24th Street and Camas A venue NE Subdivide an approximately 1.77 acre parcel into 10 lots suitable for construction of single-family houses Development Services Recommendation: Approve with conditions The Development SerVices Report was receiv~d by the Examiner on July 16,2002. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The/ollowing minutes are a summary o/the July 23,2002 hearing. The legal record is recorded on tape. . The hearing opened on Tuesday, July 23, 2002, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No.1: Yellow file containing the original Exhibit No.2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Plat Cover Sheet Exhibit No.4: Preliminary Plat Plan Exhibit No.5: Zoning Map Exhibit No.6: Email from Matt Hough Parkview Homes Preliminary ~ File No.: LUA-02-061,PP,ECF August 13, 2002 Page 2 The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located north ofNE 24th Street. Further to the west is Aberdeen A venue NE and to the east is Edmonds Avenue NE. The property is located in the northeast portion of the City and is zoned R~8. , The applicant has proposed subdividing a l.77-acre site into 10 lots intended for detached single-family homes. Currently, there is one single-family residence located on the site, which is to remain on proposed lot]. There is an outbuilding located on proposed lot 2, which will be demolished as part of the preliminary plat. The project includes installation of utilities and the dedication ofthe remaining 15 feet of a 50-foot wide residential street. The adjacent plat directly west of this proposal is the 24th Street Plat. These projects will be built simultaneously. ~ .. After subtracting the area intended for public right-of-way the density of the site is 6.48 dwelling units per acre. The Environmental Review Committee (ERC) issued a Determination of Non-Significance Mitigated (DNS-M) with nine mitigation measures. Those measures included the installation of a silt fence, construction of shallow drainage swales, daily review by the project contractor, maintenance of erosion and sedimentation control measures, and weekly reports on the status and condition of the erosion control plan. The project would also be required to be designed according to the 1998 King County Surface Water Manual Level 2 Flow Control. Mitigation fees such as transportation, fire and parks, would be applicable .to the project. One additional mitigation measure is to ensure the full 50-foot right-of-way for Camas Avenue would be dedicated to the City. The street would be built prior to recording of the final plat. The project is located in the Residential Single Family (RSF) designation on the Comprehensive Plan. This designation would promote the goal of infill development. The proposed plat is consistent with the Comprehensive Policies related to land use, housing and environmental elements. The density, lot sizes and pedestrian access such sidewalks all comply with the land use element of the Comprehensive Plan. There are no sensitive areas located on the property. All the trees on the property are proposed for removal. The project is located in R-8 zoning, which allow up to eight units per acre. The project is proposed to have 6.4 units per acre. All 10 lots comply with lot size and dimension requirements in the R-8 zone. All lots meet setback requirements. The outbuilding located on proposed lot 2 is to be demolished and staff recommends a condition of approval be that a demolition permit be obtained and that the building be removed prior to final plat recording. The project complies with all subdivision regulations. Proposed lot I would gain access from NE 24th Street and proposed lots 2 through 7 and proposed lot 10 would gain access from Camas A venue NE. Proposed lots 8 and 9 would gain access off of a 20-foot access easement, which comes off of the cul-de-sac of Camas Avenue NE. In review of access and street improvements, the access to the site is proposed via a new public 50-foot right-of- way, with 32 feet of pavement. This would be completed in conjunction with the 24th Street Preliminary Plat, which is located immediately west of this proposal. This project would dedicate 15 feet of the remaining 50 feet of the dedication of the street to the City. The new road would extend north from NE 24th Street and terminate in a cul-de-sac which is located approximately 430 feet north of the southern property line. The new extension of Camas Avenue NE is slightly offset approximately 15 feet from the centerline of the existing Camas Avenue. Full street improvements including curb, gutter, sidewalks and street lighting would be constructed as part ofthe project. The plat indicates that a five-foot sidewalk would be provided on the development side of the street. Parkview Homes Preliminary r._._ File No.: LUA-02-061,PP,ECF August 13, 2002 Page 3 The one private access easement, wh)ch wouldexten'CJ north from the cul-de7sac to. serve proposed,:'lots8~~d9, WQuid be 20 feet wide with 12 feet of pilvement'. Staff recommends that the establishinent of a homeowner; s : association or maintenance agreement for the shared roadway as well as any shared utilities'be a condition of preliminary plat approval. ' The site is relatively flat with slopes of approximately three to five percent from the south to the north. The site is vegetated with trees. The subject site currently contains an existing single-family residence, which is proposed to remain. The surrounding area includes single family residential developed under the R-8 zoning designation. Police, fire and parks will all be impacted by this project; however, resources are sufficient to serve the site provided there is payment of the proper mitigation fees. The Renton School District has indicated that it can accommodate the additional school children expected from the project. The project lies within the Aquifer Protection Area Zone 2. If more then 100 cubic yards of fill is imported, which 150 cubic yards are proposed for the site, a fill source statement would be required. It appears that there may be potential drainage problems existing in the area so the ERC placed erosion control measures on the project to mitigate any problems. Water main, sanitary sewer extensions and fire hydrants would also be required to be installed. Storm water would be detained on-site and released to an in-street system. Siaffrecommends approval of the Parkview Homes Preliminary Plat subject to two conditions., Those , conditions include obtaining a demoliticn permit and completion of all inspections and approvals for demoliticn cf all out buildings located on the property and a homeowner's association or maintenance agreement to be created con'currently with the recording of the final plat. ' Annette Demps, A&D Quality Construction Company, 2308 NE 24th Street, Renton, W A 98056 added tharher company has been in constant communication with the owner of the adjacent property to the west of the site. They are trying to. coordinate the development of the road. As far as the entrance to the house on proposed lot 1, it is located on the southeast corner of the lot off ofNE 24th Street. ' Matt Hough, 2509 Dayton Avenue NE, Renton, WA 98056 stated that his property his lccated immediately east cfthe subject site. He is not objecting to the project as a whole, he recognizes the property owner's right to develop their property; however, he would like the Examiner to. consider the neighborhood as it is currently. There has not been a lot cf consideration cf the neighbcrhcod to date by this parcel in terms 'cf clearing, grading and noise. So what he is asking, is that the applicant develop responsibly and that the City require that responsibi I i ty. In response to. questioning by the Examiner, Mr. Hough stated that the site has been cleared and graded over the past few years. Ms. Fiala added that under the current project there have been no permits that she is aware of. Mr. Hough added that he is concerned with the lots'that have side yard setbacks cffive feet against rear yardscf existing hcmes; He feels that if there ,are any provisions that can be made to buffer the area between the two neighborhoods it wou'ld benefit all. Kayren Kittrick, Development Services,I055 S Grady Way, Renton, WA 98055 stated that the driveway location of proposed lot 1 is not ideal but acceptable by design standards. Infiltration has not been proposed for this site and it is not certain that the soils underneath would support it. Parkview Homes Preliminary. File No.: LUA-02-061,PP,ECF August 13, 2002 Page 4 The owner of the adjacent property, the 241h Street Preliminary Plat, who is developing the other half of Camas Avenue, is known to have a reputation for working with the neighbors concerns. She is certain that between the two owners the neighbors will be taken care of. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:27 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: Findings: 1. The applicant, Keith and Annette Demps, for A&D Quality Construction, filed a request for approval of a 10-lot Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit # 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non- Significance -Mitigated (DNS-M) for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 2308 NE 24th Street. The subject site is located on the north side of 24th Street between Aberdeen Avenue NE and Edmonds Avenue NE. 6. The subject site is approximately 1.77 acres in area. The parcel is rectangular and is approximately 126 feet wide (east to west) b~ approximately 607 feet long. An existing home is located at the south end of the property, close to NE 24t Street. The existing home would be retained on what would be Proposed Lot 1 in the new plat. Outbuildings would be removed if the plat is approved. 7. The subject site has gentle slopes ranging from approximately three percent (3%) to five percent (5%). 8. The site has approximately 158 larger trees including conifers and deciduous. Most, if not all of the trees would be removed to allow the development of an access road as well as create suitable building sites. 9. The subject site was annexed to the City with the adoption of Ordinance 1822 enacted in March 1960. 10. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 11. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses. 12. The applicant proposes dividing the subject site into 10 lots. The lots would run along the east side of a proposed new cul-de-sac. The development would be creating the second half of a cul-de-sac being developed on the adjacent property to the west. 13. The proposed lots range in size from 5,565 square feet to 14,034 square feet with the majority of the Parkview Homes Preliminary r>-__ File No.: LUA-02-06I,PP,ECF August 13, 2002 Page 5 parcels nearly 5,500 square fe~t. . 14. The dedication of property for public roads will reduce the developable densiiyofthe site. The net density will be 6.48 dwelling units per acre. 15. Proposed Lots 1 through 7 and 10 will have direct access to the new extension of what will probably be Camas Avenue NE. Proposed Lots 8 and 9 at the extreme north end of the plat will have access by a private easement roadway across Proposed Lots 7 and 10. 16. Proposed Lot 7's setback was not correctly shown. It must be set at a location, which equates to 80 percent, or 40 feet, of the minimum lot width. 17. The lots are generally rectangular with the exception of those fronting the cul-de-sac, which are Prop~~ed Lots 6, 7, and 10. 18. Development of nine new single-family homes will generate approximately 90 daily trips (based on approximately 9.57 trips per dwelling). The peak hour travel would generate approximately 10 percent of that traffic. The ERC imposed mitigations measures for fee generation to offset impacts to area roads. 19. The development of the subject site will generate approximately four to five school age children. These students would be spread among the different grades and would be students in the Renton School District. 20. The City of Renton will provide sanitary sewer and water service. 21. The ERC required the project to meet the standards contained in the 1998 King County Storm Water Manual. The subjeCt site is located in Zone 2 of the Aquifer Protection Area. There have been drainage problems in the area, which prompted the ERC to impose additional erosion control measures. Conclusions: 1. The proposed plat appears to serve the public use and interest. The development of the plat will provide additional housing opportunities in an area with urban utilities available. It will also increase the tax base of the City. 2. The dedication of a half street will allow the development ofthe full street and cul-de-sac providing a safer ingress and egress system for both residents and emergency services. 3. The density of 6.48 units per acre meets the goal of developing R-8 zoned property with between five (5) and eight (8) dwelling units per acre. 4. The City has imposed additional storm drainage requirements since the area is subject to some problems. 5. The development of the site will create a more urban or suburban environment but the development of the property to its west has already introduced more hubbub into the neighborhood. These intrusions are not more than those normally created by additional single-family housing .. 6. In conclusion, the proposed preliminary plat should be approved by the City Council subject tothe conditions noted below. Parkview Homes Preliminary File No.: LUA-02-061,PP,ECF August 13, 2002 Page 6 Recommendation: The Preliminary Plat is approved subject to the following conditions: I. The applicant shall comply with the conditions imposed by the Environmental Review Committee (ERC). 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for demolition of all outbuildings located on the property. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. 3. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be sublJ1itted to the. City"QfRenton Develqpment Services Division.for review and approval by the City Attorney and Property Services section prior to recording of the final plat. ORDERED THIS 13th day of August, 2002. TRANSMITTED THIS 13th day of August, 2002 to the parties of record: Susan Fiala 1055 S Grady Way Renton, VIA 98055 Kayren Kittrick 1055 S Grady Way Renton, W A 98055 Annette Demps A&D Quality Construction Co., LLC. PO Box 2552 Renton, W A 98056 Matt Hough 2509 Dayton Avenue NE Renton, W A 98056 Keith and Annette Demps 2308. NE 24~ . Street Renton, W A 98056 ·/ Parkview Homes Preliminary 1->-_ File No.: LUA-02-061 ,PP,ECF August 13,2002 Page 7 TRANSMITTED THIS 13th day of August, 2002 to the following: Mayor Jesse Tanner , Members, Renton Planning Commission Larry Rude, Fire Marshal Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division South County Journal Gregg Zimmerman, Plan/BldglPW Admin. Neil Watts, Development Services Director Sue Carlson, Econ. Dev. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Alex Pietsch, Economic Development Director '". ,. ~ Pursuant to Title IV, Chapter 8, Section 100Gpfthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.;'August 27, 2002: 'Any aggrieved person feefing that the decision of the Examiner is ambiguous or hased on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. If the Examiner's Recommendation or'DeCision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must,be l11ade in public. This public communication permits all . If' ~ '. J ,. <.' ./. • " A ..... -" interested parties to know the'contents of the comrt111nication and would allow them to open'ly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. eXlenas nUrLrJ IIUIIII'-!IC L"'tlll 0UCCI. OIIU l.vIIlIIlIU,,"vvo H' -. ..... _ ............ Project Location: Northeast corner of NE 24th Street and Camas Avenue NE .• ;..~ .... r . , ' .•.••. j . -... -tf.l Q) --l=: --·0 --~ ,'--~ .... . 32 T24N RSE E 1/2 [ .. ! : ,I -j -r -- i .!I::~~~J _!_j. ( .. J' '-u~~-~1~~---~-'r-.-.. -! .. ,.-.... '.'---. --a..> _._! I~ .:, .. -->-- I I.· _.1 i [-< 1 • \ -, 1-R~·Q ·-TI-··r~' : I ~ I 1 f-Q).. ,; : I t-I ... j LQ.2. ..... I . I i I '"d I I -f,:;:.< .; .. ·l_ Ii i i -.. 1 I~.~ 1 -.. -. ~ : I r--j t~ -! Nt ~otm StI:---li-l-'-.L-.!...-:!---' 'I i .. ·.U . ZONING PIBIPW T1!CHN1CAL SERVICES 03115/02 __ .J!j i ········RI-]0 r-::::' -) ! 1 'b---dS0 4YO . 1:"'800 .... j'.~ i ... · .. . ~-{-. -$~ I , ~ R' :CD .... 7!0: , D4 5 T23N R5E E 112 5305 • CITY OF RENTON CITY OF RENTON LANO USE ACTION NO. LUA- CITY OF RENTON LAND RECORD NO. LND- SHPL RECORDING NO. VOL./PAGE FrNCf O.J', S. OF UN£ WOOD ~NCC IS ON PROP. (IHE 3 lEGEND: ~ PU.T OR FOUND /JCIMICNT AS SHOWN po()CI FOUND ,/4 ctJRN£R lION AS SHOWN • scr $/a" RClIAR AND CAP LS. 295J1 • SCT 2X2 IJN£ STAKe X nM\If'RS'£ POINT ~ £DeC Of PAl/EllfNT R/W RIGHT-OF-WAY BSSL BIJILOINC st78tCK tJNC A nRC HrORANT 'i. CENrrRUH£ * CCNIF[ROUS mc£ 054 TReE ttmI All A\IfR.4GC 01' ,.2 IN TRUNK DIAJI£rlR) o 'DECIDUOUS TRCf (2 1R£CS' Itf1)f' A. 22 IN TRIJNKOWICTCR ¢ rmr.nr POLE Ell ~T£R ItICT£R X WAmt VAL~ m GAS "">£ (e) CALCUArrn (II) llfASURCD {P} PlAT OF J.R. GATTCN ADD. II'OL 68-65 7 ,.. ... ~"'. :NOO'JO·.7T~· X ~:'I ·.sbo"JO~""'" ~ ~~ .' 0 ... • _, .. ~ ~~~~2J_'\ IION1JMDff I J .. . ' aEv.-»2.31 FaT /' •• UW6 !!!,JI'DJT t t 6TH A V£. S£. ~ 'ifT,P{ "bR. CATIDI ADD. ____ ~ _ ___ _ ___. ,56D.46' = 'gf.,""'" IN CASE..? E. UH£ or THE N£. 1/' or sec. '-2J-' JJUI'(;;) --------~II!!'~ ~ Cr7Y or R~kx rouND CONe. -IN CASt../' \ 124;:;;:;;""--;-~~~,~/~ ,..""'" (BRASS CAP If/PUNCH) ~Slrro .-26-2000 . I II 1 ).pp. ~I ~I ')'1£tlc 65 '" 1 i\~ GJ. p. J.p.. 66. 1 ,;,0]" ~a • 86 1 ~I C12 ~ I ~I 4 1p.J. \ ..r / FOICC 0.4' 8 :z f F£'HcE o"''x ." w. OF LINE"", "E. OF UHf . ' .. . NO"JO·.f~T 60'.,JJ' \... _R/If *'40.t,;!.72' -{",.";' •• ~~~::l " NO·'O:'''::_......... ~fg Eo 'I,..IN£ lit': 1/2 TRACT 22J ~. x x x" x x x.x x .X x X A' A X II A \I II, j\ . ~!~'- , ; I / NO'JO'if7"r 61J"S2.: ". ":,.' X \. ! 1 '. . \. TAX ~ARcn.' it, Ari~TO 8£ DrOICA.rco i' X "-;. '. i I X -·1 pp. I. .-I .,' .' \ ~ IJJ4J90-O/l61 ., ro TH£ efrY or R£N!ON :." --.", .... t,'~r~#%'~:.I~--+--~r~~:,£s I -jTLT-""TjTUT--l;~l JI1I 223 . I! I!..; ( 1 1 1 1 1 1 1 I / CURVE TABLE CURV~.I LEN~~~ I R~~~~S I ~~~!.:: :S:S.81 55.00 :!IS'oa'07' C. C2 27.21 55.00 2S·2O'43' CJ 74.58 55.00 77-.1"33' .DEMPS PRELIMINARY PLAT OWN. BY DATI: JOB NO. [J./W OCTOBER. 2001 OEJ./PA-IA2.0WC CHKO. BY SCALE SHEEl MLS 1"=40' 2 OF 2 r fOP. rp.J.C1 £p£tI t . (,:j S1. pJ,J. £tI of 1 ~ :z41i! Cftp.IJ,4 1 ~ OS&P tlGrO~ tl0' "'l pP.OP II'.4S'ft~ pI82 .AtE S£).1 pG. tl'5 "'"1'0 1 f. ILLY). ).pp. I'OL. f--:;r GRAPHIC SCALE ~ ~ C.p·J1 ~~~ iii JO' 1 ( IN FEET ) 1 Inch -40 tl ~. ' .. JULY 12. 2002 PORTION NE 1/4. SEC. 5. T23N. R5E. W.M. 1 I~ 1 I H£. ~ , CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 25, 2004 TO: Arneta Henniger FROM: SUBJECT: Gregg Zimmerman G--£ Parkview Homes Final Plat Arnie, I left you a voice message with some questions about this plat, but since I, haven't }1eard back, I'm sending this down to you with my questions: 1) I am concerned about the August4, 2004 letter from the project sponsor indicating that they did not know about the ERC condition that the storm drainage system had to be installed per the 1998 King County Manual (not the 1990 KC Manual). This will create a design change. It sounded like the construction for the water quality/detention either had not been started at the time the letter was written, or that a major change would be needed. This letter was sent only 3 weeks ago. I would like to know the status of this issue, and whether the construction of the infrastructure is far enough along to warrant putting the plat on the Council agenda. 2) I did not see a copy of Restrictive Covenants establishing a homeowners association. Has this been prepared and approved for this plat? Upon receipt of satisfactory response to these items, I am prepared to initial and move forward with putting this on the Council Agenda. cc: [Click here and type name] Document2\g DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNINGIBUILDINGIPUBLIC WORKS MEMORANDUM August 23, 2004 Gregg Zimmerman, Administrator Ameta Henninger, Development Services PARKVIEW HOMES FINAL PLAT LUA 04-071FP CAMAS AVE NE (EAST SIDE) AND NE 24TH ST The above plat is nearing construction completion. I am seeking concurrence to place the plat on the Council Agenda. The yellow file is attached for your use. If you have any questions please call me at X7298. Thank you. cc: Kayren K. . , "' CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: August 23, 2004 To: City Clerk's Office From: Patrick Roduin Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Parkview Homes Final Plat LUA (file) Number: LUA-04-071, FP Cross-References: Parkview Homes LUA02-061, PP, ECF AKA's: Project Manager: Arneta Henninger Acceptance Date: June 25, 2004 Applicant: Marc Rousso, -J&M Land Development Owner: Keith & Annette Demps Contact: Stephen Woods, Centre Pointe Surveying PID Number: 3343900860 ERC Decision Date: ERC Appeal Date: Administrative Approval: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Final plat to subdivide 1. 77 acres into 10 single-family residential lots. The plat includes the installation of storm drainage, Sidewalks, street lighting and street paving. Location: 2308 NE 24th St Comments: '. City of Renton InterOffice Memo To: From: Date: Subject: Larry Warren, City Attorney Ameta Henninger tL~ August 20, 2004 Parkview Homes Final Plat LUA 04-071FP Attached for your action are a copy of the agenda Bill and a draft version Resolution for the Parkview Homes Final Plat. The proposed date for consideration by the Council is September 13,2004. If! may be of assistance in expediting this request please call me at 430-7298. Thank you. cc: Kayren Kittrick Yellow File LUA 04-071FP CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: TO: FROM: SUBJECT: August 19, 2004 Jan Conklin Ameta Henninger X7298 iL~ PARKVIEW FINAL PLAT The above plat is in the final stages of review. Please review for street names and addresses. Thank you. If you have any questions please call me. Thank you!! cc: Kayren K. I:\memo.doc\cor :~~'} FFNC£ 0."', S.<N"LlNC WOOD FFHC£ IS ON PROP. lINE S L£ p" t&JI,ft"98. pC;. CURVE TABLE s (hU4 o?.--010 ) VOL/PAGE SHPL SE ACTION NO. LUA-OF RENTON LAND U NO LND-I CITY OF RENTON LAND RECORD /J -~ '2--0 6 ~:r'l!.=:::\ """", / -fA. !TV IIII'~ ~~ • __ ---AS 5H(JWN V C4 0 KIt. .. PC. 55 o ~,~---, 12 d~_""o'C -':7t-. ~'~ --~--. 2? -y 7 7 (J V -"!7'H APE-SA: _ --~:CASi 1241.ar{lJ) .• • SET '5ft" RCBAR AND CAP LS. ZJ5» • 5£T ZX2 UN£ STAX[ X m41£RSE POINT C/P EDGE 01' A4\eIENT lIlY RIGHT-cF-II4Y BSBl. . 8UIUJING $£1SIQ( UNC A __ It C£NT£RUN£ * CONIF£ROUS 7R(£ (151 1RfC Wf1H AN A~ OF g.2 IN T1lIJNI( DIAIICT£R) o 'lJ£CIDlJOUS 71fEE (2 TREES tWTH A 22 IN _DWlETER ¢ /I11UTY PClE EB tt:4TCR IIIC1CR X *4TDl vAt~ m c:AS W\o£' (e) CAL ..... "" (II) ...,....,." (P) PLAT OF J.R. QATTCN ADO. K1L U-6$ 1 ! "/"7 ND"31"<>n" -'-----~ :SJz.6,{lJ) FOUND CXINC.~ 0--- ---~ '/4 OF 5& '-2~' (BRASS CAl' or. • . J' E~OFM~ I CONe. lION IN CAS(' =~ CITY OF . I IlDl ~1".u rm H4Kl&! KmlD 4-2S-2000 ~'f'I'£1I ,tOto· J.p.. 66 pC;. ~OL· • / ~ 2S6 4 T[V. / 2 ,,/// ... oo· II : •• ... 1 I I ,." I ~Iil~,. I I,~~ I -I < ~I I ~ I II : I I l'5 ti I I I ·,t--~ '. ~ /' "_<VII' _ .... _lr-<·/·r-FOI.MD CtJNC. ItION IN CASe (BRASS CAP W~) ~ rJfii:!'AS AVE. .",.' /-<VII'- j ( " I I I I CURVE I LENGTH I RADIUS I DELTA ,t-Fru-I el Ss.el ..... 58\18'07-' C2 2721 ",,00 29-2\1'43" e31 74.sa1 55.00 I 77·41'33- .DEMPS PRELIMINARY PLAT OWN, By EAIW CHKO. BY MLS DATE OCTOSER. 200 1 SCALE '·.40' JOB NO. DDJPA-IA2.DWC SHEET 2 OF" 2 GRAPHIC SCALE iii JULY 12. 2002 I I I I I I~ I I \' 1707 HE. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 17, 2004 TO: Sonja Susan tL~ FROM: Arneta Henninger X7298 SUBJECT: PARKVIEW PLAT The applicant has resubmitted the attached plat, map check, response letter and legal for a joint access and utility easement. Please review and comment. Thank you. If you have any questions please call me. Thank you!! cc: Kayren K. I:\memo.doc\cor Project Name PC\@..\tlm J\pU~ ~r Project A~dress :1 ~Q<Q N0 L.~ s,wg Contact Person I\~~ .\)eNA=\fY' Address ______________ _ Phone Number ___________ _ Permit Number LV'(\ -D)''''' O~\ Proje~t Description \ \ -lgs ~\o~J~\~ '~l ' e'f \>~ Land Use Type: . 0 Residential o Retail o Non-retail Calculation: t' ' " . \0 \ ",.\( -J ' \_\-0.:> , . *:-.... ...* . Method of Calculation: ~ ITE Trip Generation Manual , 0 Traffic Study o Other \ '. v~ e~~~~.'-' (2\0)-'SfP ~ 'ty~ ~v&dT 9·S7 . ~~.~.~ ~. \ 0 'J. q. S 1 -::-q 5.70 . ll?AfS ~~Srf /5 Transportation Mitigation Fee: 1W\\A~\. I) \ 17,5-0 . Calculated by: ..J.h~) >-l.' ~..:.:®~-' :>.1' t\:u.,·(kL::--______ Date: \ ott Ii \ "dOTY. ~ \ Account Number: __________ _ Date of Payment ___________ _ August 13,2002 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: 1/ #'r"YOf:'1t CC/iJOIv Annette Demps 4(j6 I CD A&D Quality Construction Co., LL<§U/ZD ~ <'00; PO Box 2552 YA,tO D Renton, W A 98056 Y!//S/OA,t Parkview Homes Preliminary Plat File No.: LUA-02-061,PP,ECF -The site is located at northeast corner ofNE 24th Street and Camas A venue NE Subdivide an approximately 1.77 acre parcel into ] 0 lots suitable for construction of single-family houses Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on July 16,2002. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES Thefollowing minutes are a summary of the July 23,2002 hearing. The legal record is recorded on tape. The hearing opened on/Tuesday, July 23,2002, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No.1: Yellow file contairiing the original Exhibit No.2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Plat Cover Sheet Exhibit No.4: Preliminary Plat Plan Exhibit No.5: Zoning Map Exhibit No.6: Email from Matt Hough Parkview Homes Preliminaf} ~ lat File No.: LUA-02-06I ,PP,ECF August 13,2002 Page 2 The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located north ofNE 24th Street. Further to the west is Aberdeen Avenue NE and to the east is Edmonds Avenue NE. The property is located in the northeast portion of the City and is zoned R-8. The applicant has proposed subdividing a 1.77 -acre site into 10 lots intended for detached single-family homes. Currently, there is one single-family residence located on the site, which is to remain on proposed lot I. There is an outbuilding located on proposed lot 2, which will be demolished as part of the preliminary plat. The project includes installation of utilities and the dedication of the remaining 15 feet of a 50-foot wide residential street. The adjacent plat directly west of this proposal is the 24th Street Plat. These projects will be built simultaneously. After subtracting the area intended for public right-of-way the density of the site is 6.48 dwelling units per acre. The Environmental Review Committee (ERC) issued a Determination of Non-Significance Mitigated (DNS-M) with nine mitigation measures. Those measures included the installation of a silt fence, construction of shallow drainage swales, daily review by the project contractor, maintenance of erosion and sedimentation control measures, and weekly reports on the status and condition of the erosion control plan. The project would also be required to be designed according to the 1998 King County Surface Water Manual Level 2 Flow Control. Mitigation fees such as transportation, fire and parks, would be applicable to the project. One additional mitigation measure is to ensure the full 50-foot right-of-way for Camas Avenue would be dedicated to the City. The street would be built prior to recording of the final plat. The project is located in the Residential Single Family (RSF) designation on the Comprehensive Plan. This designation would promote the goal of infill development. The proposed plat is consistent with the Comprehensive Policies related to land use, housing and environmental elements. The density, lot sizes and pedestrian access such sidewalks all comply with the land use element of the Comprehensive Plan. There are no sensitive areas located on the property. All the trees on the property are proposed for removal. The project is located in R-8 zoning, which allow up to eight units per acre. The project is proposed to have 6.4 units per acre. All 10 lots comply with lot size and dimension requirements in the R-8 zone. All lots meet setback requirements. The outbuilding located on proposed lot 2 is to be demolished and staff recommends a condition of approval be that a demolition permit be obtained and that the building be removed prior to final plat recording. The project complies with all subdivision regulations. Proposed lot I would gain access from NE 24th Street and proposed lots 2 through 7 and proposed lot 10 would gain access from Camas Avenue NE. Proposed lots 8 and 9 would gain access off of a 20-foot access easement, which comes off of the cul-de-sac of Camas Avenue NE. In review of access and street improvements, the access to the site is proposed via a new public 50-foot right-of- way, with 32 feet of pavement. This would be completed in conjunction with the 24th Street Preliminary Plat, which is located immediately west ofthis proposal. This project would dedicate 15 feet of the remaining 50 feet of the dedication of the street to the City. The new road would extend north from NE 24th Street and terminate in a cul-de-sac which is located approximately 430 feet north of the southern property line. The new extension of Camas A venue NE is slightly offset approximately 15 feet from the centerline of the existing Camas Avenue. Full street improvements including curb, gutter, sidewalks and street lighting would be constructed as part ofthe project. The plat indicates that a five-foot sidewalk would be provided on the development side of the street. Parkview Homes Preliminary Plat File No.: LUA-02-061,PP,ECF August 13,2002 Page 3 The one private access easement, which would extend north from the cul-de-sac to serve proposed lots 8 and 9, would be 20 feet wide with 12 feet of pavement. Staff recommends that the establishment ofa homeowner's association or maintenance agreement for the shared roadway as well as any shared utilities be a condition of preliminary plat approval. The site is relatively flat with slopes of approximately three to five percent from the south to the north. The site is vegetated with trees. The subject site currently contains an existing single-family residence, which is proposed to remain. The surrounding area includes single family residential developed under the R-8 zoning designation. Police, fire and parks will all be impacted by this project; however, resources are sufficient to serve the site provided there is payment of the proper mitigation fees. The Renton School District has indicated that it can accommodate the additional school children expected from the project. The project lies within the Aquifer Protection Area Zone 2. If more then 100 cubic yards of fill is imported, which 150 cubic yards are proposed for the site, a fill source statement would be required. It appears that there may be potential drainage problems existing in the area so the ERC placed erosion control measures on the project to mitigate any problems. Water main, sanitary sewer extensions and fire hydrants would also be required to be installed. Storm water would be detained on-site and released to an in-street system. Staff recommends approval of the Parkview Homes Preliminary Plat subject to two conditions. Those conditions include obtaining a demolition permit and completion of all inspections and approvals for demolition of all out buildings located on the property and a homeowner's association or maintenance agreement to be created concurrently with the recording of the final plat. Annette Demps, A&D Quality Construction Company, 2308 NE 24th Street, Renton, W A 98056 added that her company has been in constant communication with the owner of the adjacent property to the west of the site. They are trying to coordinate the development of the road. As far as the entrance to the house on proposed lot I, it is located on the southeast corner ofthe lot off ofNE 24th Street. Matt Hough, 2509 Dayton Avenue NE, Renton, WA 98056 stated that his property his located immediately east of the subject site. He is not objecting to the project as a whole, he recognizes the property owner's right to . develop their property; however, he would like the Examiner to consider the neighborhood as it is currently.' There has not been a lot of consideration of the neighborhood to date by this parcel in terms of clearing, grading and noise. So what he is asking, is that the applicant develop responsibly and that the City require that responsibility. In response to questioning by the Examiner, Mr. Hough stated that the site has been cleared arid graded over the past few years. . Ms. Fiala added that under the current project there have been no permits that she is aware of. Mr. Hough added that he is concerned with the lots that have side yard setbacks offive feet against rear yards of existing homes. He feels that ifthere are any provisions that can be made to buffer the area between the two neighborhoods it would benefit all. Kayren Kittrick, Development Services, 1055 S Grady Way, Renton, W A 98055 stated that the driveway location of proposed lot 1 is not ideal but acceptable by design standards. Infiltration has not been proposed for this site and it is not certain that the soils underneath would support it. Parkview Homes Preliminal) r'lat File No.: LUA-02-061,PP,ECF August 13, 2002 Page 4 The owner of the adjacent property, the 241h Street Preliminary Plat, who is developing the other half of Camas Avenue, is known to have a reputation for working with the neighbors concerns. She is certain that between the two owners the neighbors will be taken care of. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:27 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: Findings: 1. The applicant, Keith and Annette Demps, for A&D Quality Construction, filed a request for approval of a 1 O-lot Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non- Significance -Mitigated (DNS-M) for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 2308 NE 241h Street. The subject site is located on the north side of 241h Street between Aberdeen Avenue NE and Edmonds Avenue NE. 6. The subject site is approximately 1.77 acres in area. The parcel is rectangular and is approximately 126 feet wide (east to west) b~ approximately 607 feet long. An existing home is located at the south end ofthe property, close to NE 241 Street. The existing home would be retained on what would be Proposed Lot 1 in the new plat. Outbuildings would be removed if the plat is approved. 7. The subject site has gentle slopes ranging from approximately three percent (3%) to five percent (5%). 8. The site has approximately 158 larger trees including conifers and deciduous. Most, if not all of the trees would be removed to allow the development of an access road as well as create suitable building sites. 9. The subject site was annexed to the City with the adoption of Ordinance 1822 enacted in March 1960. 10. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 11. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses. 12. The applicant proposes dividing the subject site into 10 lots. The lots would run along the east side of a proposed new cul-de-sac. The development would be creating the second half of a cul-de-sac being developed on the adjacent property to the west. 13. The proposed lots range in size from 5,565 square feet to 14,034 square feet with the majority of the Parkview Homes Preliminary Plat File No.: LUA-02-061,PP,ECF August 13,2002 Page 5 parcels nearly 5,500 square feet. 14. The dedication of property for public roads will reduce the developable density of the site. The net density will be 6.48 dwelling units per acre. 15. Proposed Lots 1 through 7 and 10 will have direct access to the new extension of what will probably be Camas Avenue NE. Proposed Lots 8 and 9 at the extreme north end of the plat will have access by a private easement roadway across Proposed Lots 7 and 10. 16. Proposed Lot 7's setback was not correctly shown. It must be set at a location, which equates to 80 percent, or 40 feet, of the minimum lot width. 17. The lots are generally rectangular with the exception of those fronting the cul-de-sac, which are Proposed Lots 6, 7, and 10. 18. Development of nine new single-family homes will generate approximately 90 daily trips (based on approximately 9.57 trips per dwelling). The peak hour travel would generate approximately 10 percent of that traffic. The ERC imposed mitigations measures for fee generation to offset impacts to area roads. 19. The development of the subject site will generate approximately four to five school age children. These students would be spread among the different grades and would be st1,ldents in the Ren~on School District. 20. The City of Renton will provide sanitary sewer and water service. 21. The ERC required the project to meet the standards contained in the 1998 King County Storm Water Manual. The subject site is located in Zone 2 of the Aquifer Protection Area. There have been drainage problems in the area, which prompted the ERC to impose additional erosion control measures. Conclusions: 1. The proposed plat appears to serve the public use and interest. The development of the plat will provide additional housing opportunities in an area with urban utilities available. It will also increase the tax base of the City. 2. The dedication of a half street will allow the development of the full street and cul-de-sac providing a safer ingress and egress system for both residents and emergency services. 3. The density of 6.48 units per acre meets the goal of developing R-8 zoned property with between five (5) and eight (8) dwelling units per acre. 4. The City has imposed additional storm drainage requirements since the area is subject to some problems. 5. The development of the site will create a more urban or suburban environment but the development of the property to its west has already introduced more hubbub into the neighborhood. These intrusions are not more than those normally created by additional single-family housing. 6. In conclusion, the proposed preliminary plat should be approved by the City Council subject to the conditions noted below. Parkview Homes Preliminar) ~'Iat File No.: LUA-02-061,PP,ECF August 13, 2002 Page 6 Recommendation: The Preliminary Plat is approved subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the Environmental Review Committee (ERC). 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for demolition of all outbuildings located on the property. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. 3. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. ORDERED THIS 13th day of August, 2002. TRAN~MITTED THIS 13th day of August, 2002 to the parties of record: Susan Fiala 1055 S Grady Way Renton, W A 98055 Kayren Kittrick 1055 S Grady Way Renton, W A 98055 Annette Demps A&D Quality Construction Co., LLC PO Box 2552 Renton, W A 98056 Matt Hough 2509 Dayton Avenue NE Renton, W A 98056 Keith and Annette Demps 2308 NE 24th Street Renton, WA 98056 Parkview Homes Preliminary Plat File No.: LUA-02-061,PP,ECF August 13,2002 Page 7 TRANSMITTED THIS 13th day of August, 2002 to the following: Mayor Jesse Tanner Members, Renton Planning Commission Larry Rude, Fire Marshal Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division, South County Journal Gregg Zimmerman, PlanlBldglPW Admin. Neil Watts, Development Services Director Sue Carlson, Econ. Dev. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Alex Pietsch, Economic Development Director Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., August 27, 2002. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Councilor final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members ofthe.~ity Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. eXlenas nurul IIUIIII~C L'"tUI vllCCl OIIU l~IJIIIIIU"v'" III ....................... _ Project Location: Northeast corner of NE 24th Street and Camas Avenue NE r i .L ··---w OJ --~ ._--0 ----~ .-.! I ,. ...... -. , i -----I ___ J I , ___ , L_ Ii i --1 r}jE ~Ob~ I Lt. ZONING P/BIPW TBCHNlCAL SERVICES 03115102 )2 T24N R5E E 1/2 .-,or---,.~,j . ... .i._- i :---~ ---:R I ; t R-8(P ----R.D~D dtt, Umttd 6&0 "yo 1:"800 D4 5 T23N R5E E 112 5305 ? CITY OF RENTON CITY OF RENTON LAND USE ACTION NO. LUA- CITY OF RENTON LAND RECORD NO. LNO- SHPL RECORDING NO. VOL./PAGE <.'~ WOOD fFNC( IS ON PROP. LlNf ,.. LEGEND: ~ ptAT OR F'OlJNO IJONWENT AS SHOWN ~ FOOND II. CIJRN£R lION AS SH()tIIN • sa 5/6-R£/JAA ANt) CAP L5. 2P$31 • S£'f 2X2 UNC STAKe x rRA\o£RS£ POINT C/P CDCC OF PAY£ItICNT R/'It' RtCHr-OF-WA't' BSBL BIJtI.DING SC7lMCK UHC .0. FIR( IMJIWfT 'i. CCNTtRUNC K CONIF£ROUS mcc ('5~ TRa W1TH ~ A\o£RAC£ if' or p.z IN rRUHK OWrIC7FR) o '()£CIOU()US TRCC (2 TR££S WI1H A 22 IN T1/IJNK O/AJJCTfR ¢ umtrY I'O/.C III ... "" IJET£R x: WAIDf VAU'C ED GIS ",,1£ (e) CALCUUl7£D (II) IKASURED (P) PLAT OF J,R. GATTCN ADD. lo'OL 66-55 '/ ;;.~, -:NOCrJO'.fl!--) x ~:' I ··W"?··.,...... .. ~~ ~,..... II; ~ UONIJMCNt" I J .. nEY.-.JJ2.$1 FUT HAlof)BS C. 1/< COR. OF sa:. ._2J_\ etrr' OF RCJITON CONTrfOL !!!TJI'DJ-' . 116J'H A V£. S£. ':f!l.. 'if',Pt. '/if' GArTlN AIXJ. ----~ ---------, ....... ~. F"OUNO CONe. _ IN CAS£~ c. UN£ OF" "" He. 1/< OF" sec 5-2J . = ,.~ ~ --------q-NO'J'~~~ ~~kx . -.• II F"OUNf) CONC _ IN c.osi./ \ ;;<;m;;)~ II =~fl./'iifr """"" (BRASS CAP 'W/PUNCH) ""'SlTrO .-28-2000 . I £1'1 "pp. J.fl. G"'f'I' pG. 6 5 I{OJ.,. 66. . 1 $36 4 1[/JoC F'CNCC 0 •• •• w, OF' UH£ NO"JO'.~"f' 601.JJ' ~.oo· s $ ~oO' Q SO.oo· i ( 50.00'; o r -RErzHlIIG I WAU 4 . ., '-'. 3 .,. ". $ ~Il. ~ \1 ~ ~ 2 • .-~\ ~.:; ~(~ 1\ i -, ~ ~ 1 \.. I £X1S~ B~ ! L -::,J ~~f"~ . f~~r ..... ~' ... ~ ~ sa.oo' .50.00' ... ~I ll~ ~a / Ii \... R/II' ---FOUND CONe. IlION IN CAS£" (BRASS CAP W/PUNCH) * JJ.'.71' -I~.";'';'"''~":l " ,.,.JO·,,-' .... -..... ":!t·· I t t:-"Nt w. 1/2.r""'. 122J. _n '. • • :,".00 <,. • •• x. ;.. x • • x '-;; x .;'h;;''';, il .. 1I;~/i -CANAS AV.£. :3 ~_ ' 'I' k········· .. -~.:..< .......... /.: _._NCr::JO~7t: ~fJ,'2... ,-..., ~: ,,-....x ": .. _.' Ns"i-'[,901l"r • I ~ ~ TAX PARCa: :q AR~TO 8C DCDICAT£r) ; X ; '. j ; Xl' --- -APP I \ t>. I~go.. ... , ro rHt CtrY or R£HTON ' ," ._. • '-.,: / 11/11' J<E:1'I/orPA;f. tcjl~ 11 ~: +1 \ ~"""OO' l"::~' --' T .:,. -T' -.!.4J. T 4J· -.!f.O"TJO • f7 ' - -T --~ ~~ __ -1\. ,'~/ ( ~~ -----.-/ -----= r I'" ... -" I I £5 ]!I : I JACQ!l Ie I ~ JIM $$3 II! I ~e-; I CURVE TABLE CURVE DELTA CI :5a'08'07' C2 2721 55.00 28'20'43' CJ 704.58 5S.00 77·",,'33' .DEMPS PRELIMINARY PLAT OWN. BY [MW CHKO. BY !.ILS DATE OCTOBER. 200 I SCALE ,"=40' JOB NO. D£MPA-IA2.DWG SHEET 2 or 2 $4111 s1· PflOPOS£P pJ.,ft'f rofl r[/JoC" £p£1'I t VJ I ~~. I ~ GAflP4 e..:; I .,e101'l1'l0' I I ~ sill" pll{· --' \ I tE: 1,,'f1!-k 82 .. I <;)" ~ !-M"fI'.E/,,1~J. 11. GRAPHIC SCALE 1---~ I 1I1!-" ~ Z --c::::D I I c.p· .... .. !! , I JO' I ~I I~ I I I I ( IN FEET ) 1 Inch -40 IL ~. ''!' , I JULY 12. 2002 PORTION NE 1/4. SEC. 5. T23N. R5E. W.M. H£. APPLICATION NO(S): APPLICANT: PROJECT NAME: CITY OF RENTON DETERMINATION OF NON·SIGNIFICANCE (MITIGATED) MITIGATION MEASURES LUA-02-061, ECF, PP Annette Demps Parkview Homes Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for an 11 lot subdivision of a 1.77 acre site located within the Residential - 8 (R-8) zoning designation. The proposed lots are intended for the eventual development of detached single family homes-lots ranging in size from 4,516 square feet to 11,812 square feet. The existing residence is proposed to remain on new Lot 1 of which 20 feet of the home and an existing retaining wall will both be removed. Access is proposed via improvements to the east half of a new public street, Camas Avenue NE, that extends north from NE 24th Street and terminates in a cul-de-sac. LOCATION OF PROPOSAL: NE corner of NE 24th Street and Camas Avenue NE MITIGATION MEASURES: 1. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be construct~d in conformance with the specifications presented in the King County Surface Water Design Manual. 'This will be required during the construction of both off-site and on-site improvements as well as building construction. 2. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be' established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the' ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in the KCSWDM. Temporary pipe systems can also, be used to convey stormwater across the site. This will be required during the construction of both off-site and oli-site improvements as well as building construction. 3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures aUhe site during the construction of both off-site and on-site improvements as well as building construction. . 4. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the construction of the civil improvements of the plat. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be requir~d prior to recording of the plat. . 5. The applicant shall be required to design ,the project according to the 1998 King County Surface Water Manual Level 2 Flow Control. 6. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single family lot with credit given for the existing single family lot prior to the recording of the final plat. 7. The applicant shall ensure that the full 50 foot right-of-way as depicted on the prelimin~rY plat has been dedicated to the City and the street is built prior to recording of the final plat. The satisfaction of these requirements shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. 8. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip with the project with credit given for the existing single family lot prior to the recording of the final plat. 9. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single family lot with credit given for the existing single family lot prior to the recording of the final plat. MITMEASURES APPLICATION NO(S): APPLICANT: PROJECT NAME: CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES LUA-02-061, ECF, PP Annette Demps Parkview Homes Preliminary Plat , DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for an 11 lot subdivision of a 1.77 acre site located within the Residential - 8 (R-8) zoning designation. The proposed lots are intended for the eventual development of detached single family homes-lots ranging in size from 4,516 square feet to 11,812 square feet. The existing residence is proposed to remain on new Lot 1 of which 20 feet of the home and an existing retaining wall will both be removed. Access is proposed via improvements to the east half of a new public street, Camas Avenue NE, that extends north from NE 24th Street and terminates in a cul-de-sac. LOCATION OF PROPOSAL: NE corner of NE 24th Street and Camas Avenue NE Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination.' Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning 1. The site is designated Residential Single Family in the Comprehensive Plan. 2. The property is zoned Residential 8 (R-8) dwelling units per acre (du/a). 3. Densities allowed in the R-8 Zone are 5.0 dwelling units per net acre (du/a) minimum and 8.0 du/a maximum. 4. Minimum lot size in the R-8 Zone is 4500 square feet, with minimum width of 50 feet. The minimum permitted lot depth is 65 feet. . 5. Heights of buildings in the R-8 Zone are limited to 2 stories, or 30 feet. 6. Required setbacks in the R-8 Zone are a 20-foot front yard, a 20-foot rear yard, and 5-foot interior side as measured from the property line to the nearest point of the structure. The front yard setback is 15 feet for public streets created after 1995. Setback dimensions should be shown on the construction drawings, but must be removed prior to recording the final short plat 7. The maximum building coverage in the R-8 Zone is 35 percent for lots over 5,000 square feet and 50 percent, or 2500 square feet, for lots 5,000 square feet or less. 8. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structures. 2. Street addresses shall be visible from a public street. · , "to Parkview Homes Preliminary Plat LUA-02-061,ECF,PP Advisory Notes (continued) Page 2 of 4 Plan Review -Surface Water 1. A Drainage Report and a conceptual drainage plan have been submitted. The storm drainage report submitted by the applicant is not based on the required .Level 2 Flow Control in the 1998 KCSWDM. The report needs to be based in accordance with the criteria of the Level 2, hence the report is not acceptable at this time. 2. There are storm drainage facilities in NE 24th St. 3. The Surface Water System Development Charges of $525 per each new lot applies to the proposed project. The Development Charges are collected as part of the construction permit. . Plan Review -Aquifer 1. The site is located in Aquifer Protection Zone 2 and may be subject to additional requirements per City code. Constructed secondary containment may be required if more than 20 gaflons of regulated hazardous materials will be present at the new facility (RMC 4-3-050H2d(i». A fill source statement (RMC A-4-060L4) is required if more than 100 cubic yards of fill material will be imported to the project site. Construction Activity Standards (RMC 4-4-030C7) shall be followed if during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water Management Standards (RMC 4-6-030E2 and 3)--Biofilters, stormwater conveyance, and water quality ponds may. require a groundwater protection liner. Impervious surfaces shall be provided for areas subject to vehicular use or storage of chemicals. This is not intended to be a complete list of the APA requirements nor does this information substitute for the full ordinance, it is only intended to guide the applicant to the City of Renton code book. Plan Review -Water 1. The site is located in the 435 Pressure Zone. The static pressure is about 54 psi at the street level. 2. There is an existing 8" A. C. watermain in NE 24th St. 3. A minimum 8" watermain extension and additional fire hydrants will be required to be installed to serve the plat from NE 24th St to the north property line as part of the utilities improvements for this subdivision. 4. All plats are required by City code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed sin9le-family structure. If the proposed single-family structures exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. The fire hydrants must meet all current City of Renton standards .. 5. Water System Development Charges of $1105 per new house will be required for this project. The Development Charges are collected as part of the construction permit. Plan Review -Sanitarv Sewer 1. There is an existing 12" sanitary sewer main NE 24th St. See the As Built drawing (S2162) for more detailed information. 2. A sanitary sewer main extension will be required to be installed by this project to serve the new lots being developed. 3. Sanitary sewer mains shall be designed to be located in the public right-of-way unless it can be demonstrated for engineering reasons that it can not be installed in the new street. 4. Dual sidesewers are not allowed. 5. This parcel is located in the East Kennydale Special Assessment District. This fee is $485 per lot plus interest for the Area Charge and for the lots that front or connect directly to the main in NE 24th St the advisorynotes Parkview Homes Preliminary LUA-02-061,ECF,PP Advisory Notes (continued) Page 3 of 4 fee is $3830.00 per lot plus interest for the Frontage Charge. These fees shall be paid at the time a construction permit is issued. 6. System Development Charges (SDC) are $760 per new unit. These fees are collected at the time a construction permit is issued. Plan Review -Street Improvements 1. NE 24th St adjacent to the site shall be improved with curb, gutter, sidewalks, paving and street lights. 2. The new internal street shall be developed with a half street improvement, including the dedication of half of a cul-de-sac. The right-of-way for the half street improvement must be a minimum of thirty-five (35') with twenty-eight feet paved. A curb and a six foot (6') sidewalk shall be installed on the development side of the street. 3. Projects that are 5-20 residential lots in size are required to install street lights will be required to be installed by this project on both NE 24th St and in the new cul-de-sac. 4. All new electrical, phone and cable services and lines must be undergrounded. The construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording the plat. 5. The Traffic Mitigation Fee of $7162.50 shall be paid prior to the recording of the plat. Plan Review -General 1. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards bya licensed Civil Engineer. 2. All plans shall be tied down to a minimum of two horizontal and vertical controls in the current City of Renton Control Network. 3. Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. Property Services 1. Note the city deSignated street name (Edmonds Ave NE) on the drawing in place of "1161h Ave SEn. Information needed for final plat approval includes the following: 2. Note the City of Renton land use action number and land record number, LUA-OX-XXX-FP and LND-10- 0398, respectively, on the drawing, preferably in the upper right-hand corner. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number for the final plat will be different from the preliminary plat and is unknown as of this date. 3. Provide plat and lot closure calculations. 4. Note the bearing to center for at least one point on the cul-de-sac, preferably at the pOint of curvature on the westerly side of Lot 6. The geometry will be checked when all the necessary information is shown on the final plat. 5. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat, if any. advisorynotes .,. " .. ~ .... Parkview Homes Preliminary Plat LUA-02-061,ECF,PP Advisory Notes (continued) Page 4 of 4 6. Note all easements, agreements and covenants of record on the drawing. 7. Do not show the building setback lines of the proposed lots. Setbacks are determined at the time that building permits are issued. . 8. The city will provide addresses for the proposed lots after approval of the preliminary plat. The addresses will need to be noted on the drawing. 9. On the final plat submittal, remove all references to plant material, utility facilities, topography lines and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. ' 10. See the Aquifer Protection Notice attachment for a highlighted portion that is omitted from said notice (as. shown on Sheet 1 of 2). 11. An updated Plat Certificate will be required, dated within 45 days of Council action on approval of the plat. 12. Note that if there are restrictive covenants, easements or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawing and the associated document(s) are to be given to the Project Manager as a package. The plat shall have the first recording number. The recording number(s)for the associated document(s)will be refer~nced on the plat in the appropriate locations. 13. If new easements are shown for the benefit of future owners of the proposed lots, then include the following statement, juxtaposed to the subject easement: "Area for private (water, sewer, utilities, access, etc.) easemenf. Since the new lots created via this plat are under common ownership at the time of recording, there can be no easement until such time as ownership of the lots is conveyed to others, together with and/or subject to specific easement rights. ' 14. Therefore, add the following Declaration of Covenant language on the face of the subject plat drawing if the previous paragraph applies: advisorynotes DECLARATION OF COVENANT: , The owners of the land embraced within this plat, in return for the benefit to accrue from this subdivision, by Signing hereon covenants and agree to convey the beneficial interest in the new easements shown on this plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this plat. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-02-061, ECF~ PP APPLICANT: Annette Demps PROJECT NAME: Parkview Homes Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for an 11 lot subdivision of a 1.77 acre site located within the Residential -8 (R- 8) zoning deSignation. The proposed lots are intended for the eventual development of detached single family homes-I()ts ranging in size from 4,516 square feet to 11,812 square feet. The existing residence is proposed to remain on new Lot 1 of which 20 feet of the home and an existing retaining wall will both be removed. Access is proposed via improvements to the east half of a new public street, Camas Avenue NE, that extends north from NE 24th Street and terminates in a cul-de-sac. LOCATION OF PROPOSAL: NE corner of NE 24th Street and Camas Avenue NE LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section· . The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM July 8, 2002. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: SIGNATURES: dnsmsignature June 24,2002 June 18, 2002 DATH ~ 10-oJ- DATE , i, 17:50 JOHN L. SCOTT RENTON ~ 4254307300 ":;:'., . NO. 704 ~002 August 4, 2004 Dear Neil Watts and Kayren Kittrick; Over the past three years, our company, ] & M Land Development has been developing in the City of Renton. To date, we have recorded or are in the development process of over 75 single- family homes. We have had great experiences working with the staff at the City while growing our company in the process. J & M Land Development took over a project, "Demps'; plat, in February 2004 after it had received preliminary short plat approval. Jim Jacques submitted an application for a project next door to "Demps" plat a few months prior to "Demps" plat application being submitted. lim Jaeger was the Engineer for "Jacques" project, while the "Demps" submitted their own application. Both of these projects use the same access road and fonn a public cul-de-sac. After the acquisition of "Demps" plat, we hired Jim 1 aeger to finish our project because of his familiarity with the area. Upon submittal, he uSed the 1990 code for drainage, the same code used for "Jacques" plat. Within weeks, our project was given engineering approval by the City and construction began. Three weeks after that approval, and in the middle of construction, Ron Stratka from the drainage department advised us that, in fact, we did not meet the necessary code requirements. "Jacques" was approved using the 1990 code with "Demps" approval based on the 1998 code. At that time, we were more than halfway through construction. We were then informed that we needed drainage detention according to the 1998 code. We had a meeting to discuss this challenge with the City and, unfortunately, we were denied a variance. We understand that the City has its guidelines and we were doing our best to follow those rules and regulations. Unforttulately, in this particular instance, there was some fault on both accounts. We will do whatever is required to facilitate a rapid conclusion to this project. However, we are hopeful that you will work to assist us. Our request is to have our plat recorded as quickly as possible in order to facilitate a September 10 closing on our new 29-10t project on Edmonds A venue Northeast. Therefore, our desired date of recording is September 7. The construction of the drainage tank on "Demps" plat will begin the week of August 18 and take no more that two weeks to install. The papenvork has already been submitted with the City and is near ready to record. In the event the additional drainage is not completed by August 31, we would then like to bond for its completion so that the plat can be recorded. Thank you in advance for your time and assistance. We look forward to working together to accomplish everyorie's goals and objectives. All the best, Marc Rousso J & M Land Development 206-948-8899 ~~ Jay Mezistrano DATE: TO: FROM: SUBJECT: ~ .... , CITY OF RENTON· MEMORANDUM July 12, 2004 Arneta Henninger Susan Fiala x 7382 ~ Parkview Homes Final Plat -LUA 04-071 FP The following is my· response to the first review of the FINAL PLAT for the Parkview Homes subdivision. These are the items, I deem appropriate for Development Planning to review. ERC MITIGATION MEASURES Measure # 7. The applica·nt shall ensure that the full 50 foot right-of-way as depicted on the preliminary plat has been dedicatf?d to the City and the street is built prior to recording of the final plat. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. The abutting plat has been recorded. Other than the note that the 50 feet is shown on the . plat, has the street been built? HEX CONDITIONS Condition # 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for demolition of all outbuildings located on the property. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager· prior to recording of the final plat. . This has not been completed. Please provide copy of demolition permit. Other Comments: 1) In reference to Lot 7: The pipestem portion must be 20 feet in width. The ARC data indicates 18 .. 5 ft and the Delta is 19 ft. Please revise pipestem to meet the required 20 feet width. ~ LUA 02-061 -Parkview Homes Preliminary Plat Conditions of Development (Summary) Mitigation Measure or Source When Party Condition Compliance is Responsible Required Transportation Mitigation Fee. ERC Prior to recording Applicant $75 per new ADT w/credit for of final plat. one existing SF home Fire Mitigation Fee. $488 per ERC Prior to recording Applicant new SF w/credit for one of final plat. existing SF home Parks Mitigation Fee. $530.76 ERC Prior to recording Applicant per new SF w/credit for one. of final plat. existing SF home Silt fence. Install along the ERC The silt fence shall Applicant! downslope perimeter cif the be in place before Contractor area that is to be disturbed. clearing and grading is initiated. During construction of off- site and on-site improvements as well as building construction. Drainage swales. Shallow ERC During the Contractor/ swales to intercept surface construction of Builder water flow and route the flow both off-site and away from the construction on-site area to a stabilized discharge improvements as point. Vegetation growth shall well as building be established in the ditch by construction. seeding or placing sod. Depending on site grades. it may be necess'ary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. Erosion and Sedimentation ERC During Project Control. Daily review and construction of off-Contractor maintenance of all measures site and on-site at the site. improvements and during building construction. Project Design. 1998 King .ERC Prior to Applicant County Surface Water Manual construction Level 2 Flow Control. permits. Camas Avenue. The full 50 ERC Prior to recording Applicant foot right-of-way is dedicated of final plat. as depicted on the preliminary and street built H:\Division .s\Develop.ser\Dev&plan. ing\SAF\ConditionMatrix\02-061.doc Notes Constructed in conformance with the specifications presented in the King County Surface Water Design Manual. The design and construction of drainage swales shall conform to the specifications presented in the KCSWDM. Temporary pipe systems can also be used to convey storm water across the site. Page I of2 Mitigation Measure or Source When Party Notes Condition Compliance is Responsible Required Demolition permits. Obtain HEX Prior to recording Applicant permits and complete all Recommend of final plat inspections and approvals for ation demolition of all outbuildings located on the property HOAIMaintenance Agreement. HEX Prior to recording ApplicanU A draft of the Created concurrently with the Recommend of final plat. Homeowners document(s), if recording of the final plat in ation Association necessary, shall be order to establish maintenance submitted to the City of responsibilities for all shared Renton Development improvements. Services Division for review and approval by the City Attorney and Property Services. TESCP reports. ERC Weekly reports Project Certification of the engineer installation, submits to maintenance and Public Works proper removal of the Inspector erosion control facilities is required prior to Temporary Certificate of Occupancy. Construction Plan. Plan City Code Prior to approval Applicant submittal to indicate haul route of Construction submits, Dev. and hours, construction hours Permit Services and a traffic control plan. Reviews Haul Hours. Restricted to 8:30 City Code Duration of project Contractors, a.m. to 3:30 p.m. Monday construction sub- through Friday. contractors Hours for Construction City Code Duration of project Contractors, No work permitted on Activities. 7:00 am to8:00'pm construction sub-Sunday. Monday through Friday; 9:00 contractors am to 8:00 pm on Saturday H :\Division.s\Develop.ser\Dev&plan.ing\SAF\ConditionMatrix\02-061.doc Page 2 of2 City of Rt;.,(on Department of Planning / Building / Public norks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET of \ REVIEWING DEPARTMENT: '"" COMMENTS DUE: JULY 9-,2004 - APPLICATION NO: LUA-04-071, FP VLa.r\n, ~ ~ DATE CIRCULATED: JUNE 25, 2004 APPLICANT: Marc Rousso ~ PROJECT MANAGER: Arneta Henninger PROJECT TITLE: Parkview Homes Final Plat PLAN REVIEW: Susan Fiala cl1Y O~· HE\lO~ OJ _ po ,...'i: , n ....... - SITE AREA: 76,890 square feet BUILDING AREA (gross): • _ loA"" I. LOCATION: 2308 NE 24th Street I WORK ORDER NO: 77274 JUN L ij LUUIl· SUMMARY OF PROPOSAL: Final plat to subdivide 1.77 acres into 10 single-family resdientiallots. The PI~iru.~eslD\~I~~ation of storm drainage, sidewalks, street lighting and street paving. u. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housino Air Aesthetics Water Light/Glare Plants Recreation LandlShorelineUse Utilities Animals Transportation Environmental Health Public SeNices Energy/ Historic/Cultural Natural Resources PreseNation Airport Environment 10,000 Feet 14 000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELA TED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or a"." .,..,.-pdd;tionat tnfonnation~~ to~,rly ass." th" proposal. 0. >;!/pq;v?--7~ ~ ~ SigW of Director or Authorized Representative . Dat~'7'. City of Renton Department of Planning / Building / Public Works 'EN VIR 0 N M EN TAL & 0 EVE LOP MEN TAP P Lie A T ION REV lEW SHE E T REVIEWING DEPARTMENT: COMMENTS DUE: JUt k)\.2io~ [E u Wi lE APPLICATION NO: LUA·04-071, FP ~ DATE CIRCULATED: Juij~\, 2004 II APPLICANT: Marc Rousso PROJECT MANAGER: IIJJe~ Hen~l~r 2 9 2004 U} PROJECT TITLE: Parkview Homes Final Plat PLAN REVIEW: Susan Fiala SITE AREA: 76,890 square feet BUILDING AREA (Qross), CITY OF RENTOf~ FiRr-rH:PA OTt. ,r-.". LOCATION: 2308 NE 24th Street I WORK ORDER NO: 77274 SUMMARY OF PROPOSAL: Final plat to subdivide 1.77 acres into 10 single·family resdientiallots. The plat includes the installation of storm drainage,sidewalks, street lighting and street pavirig. , . . . A. . ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housing Air Aesthetics Water UghtlGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ HistoriclCultural Natural Resources Preservation Airport Environment '. 10,000 Feet 14000 Feet B. POLICY-RELATED COMMENTS C. We have reviewed t 's application with areas where additi allnformation is rticular attention to those areas in which we have expertise and have identified areas of probable impact or ed to properly assess this proposal. A ~ ___ ~~~-7-r:-----------fytJlf Signature of Date / / ·.-. .-" .-- City of Re"con Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REV/~W·5HEET REVIEWING DEPARTMENT: COMMENTS DUE: JULY 9, 2004 DATE CIRCULATED: JUNE 25, 2004 APPLICANT: Marc Rousso PROJECT MANAGER: Arneta Hennin PROJECT TITLE: Parkview Homes Final Plat PLAN REVIEW: Susan Fiala SITE AREA: 76,890 s uare feet BUILDING AREA LOCATION: 2308 NE 24th Street WORK ORDER NO: 77274 SUMMARY OF PROPOSAL: Final plat to subdivide 1.77 acres into 10 single-family resdientiallots. The plat C/rli?{.~il)stallation of storm drainage, sidewalks, street lighting and street paving. 'U'fiLiTY SYs{yrON eMs A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Liaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources PreseNation . Airport EnvironmenJ 10,000 Feet 14,000 Feet .8. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM July 15, 2004 Arneta Henninger Sonja I. Fesser :p'lf Parkview Homes Plat, LUA-04-071-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-04-071-FP and LND-1O-0398, respectively, on the drawing in the spaces already provided. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat, if any. See the address attachment for the pertinent addresses for the plat. Note said addresses on the plat drawing .. Reference the Declaration of Joint Access, Utilities and Maintenance document on the plat drawing and provide a space for the recording number thereof. Provide legal descriptions for both Exhibit A and Exhibit B of said document. Item No.4 under "PLAT NOTES" refers to empowering the Parkview Homeowners Association to maintain common property and facilities and charge fees to homeowners for maintenance and epter into agreements with the City of Renton. What "Common" areas? The above referenced declaration document seems to adequately define the maintenance and responsibility for said private driveway. The "PRIVATE DRAINAGE EASEMENT" statement (Sheet 2 of 3) notes that the drainage facilities located within the private easement shown on the plat "shall be owned, operated and maintained by the homeowner's association created for this plat". This statement appears to be contrary to the above referenced declaration document that establishes mutual easements and \H:\File Sys\LND -Land Subdivision & Surveying Records\LND-1O -Plats\0398\RV040713.doc July 15,2004 Page 2 maintenance obligations regarding the driveway and its improvements (including the utilities). No drainage easements are shown on the plat document. Comments for the Project Manager: Is there to be an "ACCESS EASEMENT" to the city (over the private access and utilities easement?) for the private drainage easements? If this question does not apply, ignore this paragraph. If true, then the "ACCESS EASEMENT" statement needs to be added to the comments above. See the attachment. H:\File Sys\LND -Land Subdivision & Surveying Records\LND-1O -Plats\0398\RV040713.doc\cor ',: Arneta Henninger City of Renton 1055 South Grady Way Renton, Washington 98055 R ~'COEivl~ 0 AUG 16REen PLAN REVIEW August 10, 2004 RE: The Final Plat Recording Concerns letter dated July 20, 2004, for the Parkview Homes Plat, File No. ; LUA04-071-FP. Dear Arneta, Enclosed a list of how the City of Renton staff comments and concerns were addressed; I) The City of Renton land use action number and land record number are now shown on the face of the plat. 2) Monuments have not been set at this time. City of Renton Monument cards will be filed after monuments have been set. 3) Addresses have been shown on the face of the plat, per the City of Renton letter. 4) The Declaration of Joint Access, Utilities and Maintenance document has been added to the Plat Notes (No.4) with space for the Recording No. Legal description for Exhibit A and Exhibit 8 have been enclosed. 5) Plat Note 4 has been changed to reference the Declaration of Joint Access, Utilities and Maintenance document. 6) The Private Drainage Easement note has been deleted. 7) The Access Easement statement you provided has been added to Sheet 2 of 3. 8) The pipestem for lot 7 has been widened to 20 feet. The Southerly pipestem line of Lot 7 was moved Southerly and parallel to the Northerly pipestem line. New closure reports for lots 7 & 6 have been enclosed. Should you have any questions or need additional information, please give me a call. Sincerely, ~~ Stephen H Woods, P.L.S. P.O. Box 4416 -Federal Way, WA 98063-4416 Phone (253) 661-1901 -Fax (253) 661-7719 Centre Pointe Surveying 33701 9th Avenue South Federal Way," WA 98003 253-661-1901 Tuesday, August 10, 2004 3:27:24 PM NEW PROJECT PROJECT: G:\2225\2225.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 7 Point Number Bearing Description Distance 344 Calc Calc po N89°56'57"W 75.30 345 Calc Calc po SOO030'57"E 80.50 347 Calc Calc po S42°47'03"W 17.37 350 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 343 Calc Calc po N42°47'03"E 21.74 342 Calc Calc po N89°29'06"E 60.85 341 Calc Calc po NOO030'54"W 93.59 344 Calc Calc po Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , , Sta Northing 0+00.00 8525.39233 0+75.30 8525.45914 1+55.81 8444.96240 1+73.17 8432.21425 339 8393.17339 55.00 , 21 °29'"10" Right 20.63 , S34°28'41"E 20.50 , 0.96 , 0.98 , 104°10'27" Arc Definition 10.44 , 1+93.80 2+15.53 2+76.38 3+69.96 0.01142 0.00421 S20015'40"W 0.01217 8424.86382 8415.31522 8431.27059 8431.81753 8525.40374 369.85 (369.96) 1/30394 1/32399 1/87770 7352.76 SQ FT 0.169 ACRES Easting Elevation 7460.26139 7384.96142 7385.68615 7373.88777 7335.14746 Calc Calc 7381.29527 7385.49263 7400.25928 7461.10682 7460.26560 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Tuesday, August 10, 2004 3:27:24 PM NEW PROJECT PROJECT: G:\2225\2225.pro ·CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 6 Point Number Bearing Description Distance 341 Calc S89°29'06"W 342 Calc S42°47'03"W 343 Calc Calc po 60.85 ' Calc po 21.74 ' Calc po Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 338 Calc Calc po N89°29'06"E 111.30' 337 Calc Calc po N00030'54"W . 90.42' 341 Calc Calc po Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta Northing 0+00.00 8431. 80980 0+60.85 8431. 26286 0+82.58 8415.30749 339 8393.16960 55.00 , 97°23'34" Right 93.49 , S24°57'41"W 82.63 , 18.70 , 28.33' 104°10'27" Arc Definition 62.60 , 1+76.07 2+87.37 3+77.79 0.00271 -0.00188 S34°44'16"E 0.00330 8358.00877 8340.39576 8341.39616 8431.81251 366.94 (377.79) 1/111207 1/135327 1/195162 6986.17 SQ FT 0.160 ACRES Easting Elevation 7461.10240 7400.25485 7385.48821 7335.14028 Calc Calc 7410.69144 7350.61774 7461.91324 7461.10052 ' .. . ...... Am:' . ,~,:""". "Kathy Keolker~~beeler. Mayor ""', Julyio,2004' ',' '. . '.:' .. " ':, .... , , "S~ephenW(}ods;PLS, ','centre Jlbirite,Stlrveyirig .. ' :33701 9th Ave S ' . . ,:':F~deral\vaY;,WA98003 .', .: "~ \ .:. .,' . ..... ' . . ~. .... CITY. ~rnNTQ~ :Pl~gt.8UjldingipublicWorks Depaitm~t" , , '. ·GreggZiminermanP.E~AdD;1iriistrator'· '. ,'\ .. '.' :' . ',,; . .... ' ." ., . , ...... ' . ,,:,'. ,SU1.UECT:, ::,PAIuMEW(DEM;PS)~ALptA:r . .... .. :', ... ;, , , ' .. PLATC,OMPLETIONANDACCEPTANCEOF1J1lIJ11ES'· .': ""ItEQ"UIRE~Nt:;':' : .... " , "" . " LUA-O+07110LOTS'" .. ' ..... . . ··V.· ". " . ·PERMIT:U0401S5·&:'U()40208RT3159 "., .' .. " .. ". '. .... ." '\' ' ...... " ':. ,·.t>eat·Mr .. ··woods:.· .. · . :.::.~' .... ··,'i~?m:..rtJ~tgh~~rev.;.;;~~~:~fj~l~:f:~~:.~~:::: ... ,> .. ',cOmmen~' as s\lpple~ental iI1fo¢tation becOmes avaiiabJe .. ,()hce'y6u 'have completed th:e revisions, ',,' :.', , '.' ' , please ~esub~it-tlfree blue lines to'my'pffice. '--' . " , " . ',' ';', ':'·'.FinarplatReh'oi"diJl~Con~erIls:? . <,.:c' . ;','(::;;.c.,:,,:': ' .... '," . .... ,.:' ,.' }N~te',ilie CitY'ofReilton:l~d'useactiorinUni~r'aiid:i~drecordnuinber,LtJA-()4;,07i4~P"8ndLND-': '.< .. '., ,'. ",J~~~98"iespectiyei~, '?rtthe:~wiiig~iri\~~'~~c~~!~lre~dfp,ovid~d~,,: .... :'. ::,< ,< ,': ....' ,~<, ' .•.• , .•.•. ' .. ·',f~::~~%~t~f:t:nion~~:'1:~'j,~~f~C.. P9~~fo)lnk tight.-o,· •.. f..-. ~YlDimumci.~ .•.... ' ••...•....... ': '~ . ,. ,''',,'S~e :the'~ddr~ss attachment. iOr~~p~~inent'ad~k~s fo~ th~\plat.Note :said~dd~ss~~:onthep]~t' '<:, •. :drawing.':,.·· ,.,. .... .... . . '. ".,' 'c,,", ' '. >,," .' 'n ."'. '. : ..•• ; ...... ' "": I,· ... " '.'-'::; . " ;;-:,~:')i~fere.i1ce~ej)~9laratio~ '6fJci,infj\ccess, Utiliti~S~d Maintertah<:;e~PC\1Jllehtohthe.plat· ~Wing,' ,', .. ' : :' .. , ... : ", and,' provide .~. spacef~rther~ordmg. nuinber:.~ereot "Provideiegaldescriptions for both 'Exhibit A ' . , ,-,." .... , ,; '; '~andE~bi~~of ~aiddoc\mleJit., " , . " .'. ...,' . .' '. " , " .... , .: . . ' . : 'Ite~ NO:.A .~rtder"J;LAT NOfEs":refets toenipowerirt~the'Parkview HomeoWne.rs.Ass6ciati~nto .•• " .......•. :'maintl)incommon:pr<>p¢rtY. arid faCilities: and charge fees tObmneoWners fQrlDainte.rianc~and; enter .. ' . . . into 'a~ee1ilents with i.he'CityofRenton';What'~Common"areas? The.aboverefer.encedd.ecl~tion •..... , . . ; :'. doctim~ntse~ms t,?adeCJ~atelyd~fmethe ri'lahtteniulce and respOnsibility foisaidprivatedriveway •. • '. ,... . .• ' • .. ' . I " . .' , ~ , .' ~ .,. . :;., . . : . :The -"PRIVAT.E DRArN'AQE EAsEMENT" statement (Sheet i'oi3 ) notes that the drahiagefadilities. "lo~atedwithiIl tli~,private :easementsh'pWn' on thephlt "shall be . owned', oi>erated~d maintaln¢d by . ' .' the homeoWner:' S' assOciationcreated:fotth~spi~t"., This' statement apPears tobecohtraiy to the above .' . . referenced. declarationdocwnentthat :establish~s ,nlutUaleasementSand maintenance' obllgati()ns" ..• . regarding the driveway and . iti . i~provenients (inCluding the utilities)., No drainage' easements are 'shown on the plat document.' . . . . . '., . .." .. . ~ -~----10-,S-S-S-ou-th~. -G-'-ra-:dy-' w,---'-ay-~-'-R--'e-'-nt-on-.-W,"-a-sh-in-g-to-n-9-:8-0S-S------R E N TO: N AHEAD o~ THE cu.RvE '." . · Parkview Plat . If you have ~y questions regarding specific commentS in ~e above fmal plat ~a'Wingreview please contact Bob Mac Onie at 425.-430-:7369. . . . . Plan Review FihalPlatComritents: . . • '. There needs to be an "ACCESSEA~EMENT" tothe city (oyer the private access ~d utilities: · easement) ,for the' private drainage. ~asements;;The "ACCESS ·EA:S.E~T" statenientneeds .to be · added to the platS~etheattacluilent. ., " . ". ' .: .' ' ... '. 'Planning Review Final Plat Comments: 'HEX CONDITIONS· · ." . , " . ,',., .' · .• C~nditioi #' 2. T/teppplicant shall-obt~inademolition pei-;"it and 'complete all insp~ctionsand " . . ' .. ' approvals jor demolition, ()/ ·alloutbu.ildings.!ocatedon the property. .'J'k ~:satisfa~tion:. 0/ this.··· ..~ ..' .' ;'.: ... req,uireriliiniiS ~ubjeCt to the review' and app~oval 0/ thel>evelopment SenicesProjeciMa"ager prior ', .. . ..' .... to recoi'diJig 0/ thejinal plat. ," ',. , .', ..,,' , This has h6tbel;in.completed. Pleastrprovide' copy of demolitlon'p~rmit.'· .. " . . .. , . : . " ." . . ,.:" Otlier CommentS: .. .. ··,i .' ' .. '1) In referenc~ to Lot? The piJites~:¢fu .. pprtioln.111n!t~tJ)~~.;2Q '. :'. ftaIldthe~ltds19 ft. Ple;!lS.~.rey.]ise~lpi~~sfem '-':" .:: ... : .. ', . .,';'~ '. :. ~,' ' , .. . . i\Rcdata mcficates UL~.':.­ Width.', '. '.' '.' 'ConsiructionC()fum(m~'; . '. ,' ...... ' :. '.. ';". I " .. ,": .. , " ~' '. ' " ' . ' " .' " . Please note thatthe 'coJmn,ent~falb()~~e . :", the City inspector,: Dim 1 n()tnl'~().n; ,': the inspedor .. ·"This 'm' l'C, IU(Jlesf;any t'''~'''(.t'''~!;.::.a~r~!~Ji.~ : . Divisi()n.Y(ni. will-"'aht to c~ntinlle~ork~g with . IkHhrcl11' . andsign-()ff by th,~ ,City MaiDtenance' " '. '., .' >":(alongwi~co~p'letirig' sttE~eLn~[le.1!r(·)n.the'~i·name 'signs:, . to: recoidmg.,, :_PI~ase: .' : ..•. ; .. .; ~()rttactI)an Thompson, :.:. ",FirePrevention CoJimients: . '., . All roadway and' ~treet signage work needs to' 6::Ve;!?!:. '1f:J:2ili:t,iCiiJIf]'''':'''' ·;:As-l3'uilt Concerns: · "The'construction permit planni:yl~s must,1>e'ch~ked:.out tromtlle.· ~~. floor public. works, coUnter " . " 'and • updated ' orreplacedwithaCOnipleteAs~13ui~t plan', s~ .• ····All·plim· sheets,inchiding' those' . "consti1lcted per de~ign, musf be veri.tied; stilplped and signed as As-Built by a :tiC~nsedsurvey()t or .engmeer. The JJlyl~ ar¢ labeled As~Built .in'large black, Jetters~dstampedby aPE orPLS.Sl.lPnlit anASCI file along with your As-Built dra\Vings.· . . .,', . · . ''I1ie ciyil drawingS'shall accuratelyref1~ct th,e~onstructiori acti~ity,'Thtfcivil draWmgs' al~JleedtQ' " . show all street lights, 'sanitatysewer, 'Mdstorm drainage . Systems . easements' which ,shall. be ~onsistent , ,.' ... .' withthe AS-Built:lbcatioflo'fthe utility.'bricetheabove·hi!ve'been addresse~~submitone setofAs-', . ; Built blu~lines. of the 'civil drawings to my office;"The inspector will· be reviewing th~ blueHnesarid if · . all isinordet I willthen call for the civil: mylars to beretUrned~'These fInal mylars'lnust besubmitt~d , for Qur permanent record~~ , . . .'" '. ", '~" .. . . .; ,~'J'" it· ; '. . ". .,' / . ·Par.kview plEit :, ,Construction Cost DataCoricems: . "At the same time the:As~Builtbluelinesaresubmitted, the owner·ofthe ~evelopmentor authorized · . ' .. agent ~hall s\lPplythedetaih~d coristructi~ncost ofth:e public Sanitary Sewer System,: StOrln Drainage · .' Systems, streefimprovementsand street lighting on the Cost Data and Inventory F0rt11andsignit at .•. , the bottom. This form is to reflect onlyth()se facilities.that will be turned . over to . the City. An .: ' • ,exarnpl~ ofitemsthatm-eNOt.tume(foveraresidesew~r stubs, water service fines. and"pnvate storm . '.' :;,drainage f~cilities .. RetwD,the'origirialformto inyoffice. The Bill-of Sale is to.refl~ct the 'itetnsand", . q\ul~titiesli$shoWn\onthe Cost Data apd,Inventoryfonn!(bothareenclosed».· " .:;' ,; .. , ':". ,.: '.' . -.; A maintenlll1de bond. is,req~iredfu. themn9\lnt'oflO~ . of th~grandto~l o(th~ wa~~r, se\Ver~stomi~: '.' . ,,/ '.:street·and'.street lighting costs as shown on the CostData Inventoryf9nn;. J\ standard City of Renton .. ," '.' .' ·.maiIltenancebOnd fonn is enClosed.,' the p~fmit bond will ,be released upon receipt aildac¢eptance of' .' 'theniaiiitenaocebond, ()ftheabove documentation aridfl,Dalsign-pffbythe inspector; ..... " ..... · '. "'.," .: .. :Fees: . ",' · . ", .. ~·Genef~I:· ' .. ' . ... :.'" ',' , _:AcopY()fth~peclw1ltion9f~., .~~. ~'~:r~:!~~~~ .' , . ·;~app'rovedas}oJegalfoilh~y tiJ "~ .. . ' . ~;.. '. ',:. ;." .-" .' '. .". "': ... . . .... :." ". '. .:., . . : '/, ". '. Id~ ~,t~~efI6.tof aifofthe '. ;',.'fmalplaf approval. I{ you, getyoi1rplatjo ..•.. '. . num~'you ·fot.· , . " . . . . ....: .; .: .... ,.. your cooperatiol:t . .. , ",. . . '. .' .. -:.. .' ".' ..... , ... ' .. .' ." .. . .Arnet8lIenrunger . . ... ·.,'EngiiteeringSpecialist. . ..... . ,,". . " .:~ .- .... .' . " ','. ":".' . . ~ ,' . . ""'" , ...... " ..... . . ~" . . . ' . , " .. :.. ~. ; . ;.'" ....... ' .. ' ",' t;.t:'j .. · " .~.' l'· .... ~ ( '. ~ ,\ > ~ . ~. .~ t~~ ; .... ; .~; :""'; -, . -', ". , , . ' ... ,', .. : ~, '.' . ~ " -... '\ i; ,r. ~ • ~t' . . 'i , •• ~J .. ~ CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING • On the 29th day of June,2004, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter documents. This information was sent to: Marc Rousso Applicant Stephen Woods Contact Keith & Annette Demps Owners ~~' ", ......... ,'",'\ ' ........ ~N KA '" (Signature of Sender):;; _-... :<»~ ........ .fie 'tt, j" ~~ .. :;"\SSIOI'/~" ~'" STATE OF WASHINGTON ) i l~~ ~OTA~L.~·"~\ ) SS ~. r m' I. ..: -... en: :; COUNTY OF KING ) , % ~ \. ,()U8L\C / j ""'~"(9, •.. ~: I certify that I know or have satisfactory evidence that Stacy Tucker ,\t o;;,:?~;,~~····e'\O.l· signed this instrument and acknowledged it to be his/her/their free and voluntary act for the'~~~\~ ... ~·" purposes mentioned in the instrument. ","', ............ Dated:_1-+--L-1 ~Oq.L.I./~o..t-if=_ /?7~~ NrUblic In and for thee of Washington . ). MARILYN KAMCHEFF . Notary (P~lnt . MVPjPP9IPRM[NfI)~IR~ . My appointment expires: S 5=29 07 Parkview Homes Final Plat LUA04-071, FP . ". : Mayor June 28, 2004 . Stephen Woods. : Centre Pointe SurveYing 33701 9th Avenue S .' . Federal Way, WA 98003 'Subject: . Parkview Homes Final Plat LUA-04-071, FP . Dear Mr. Woods: C·ITV-'ENTON. PlaimingIB~diIiilPubli~Works Department' . GreggZim~ermanP£., Administrator the Development Planning Section of the City of Renton has determined that the subject applici:itioniS complete aqcording to submittal requirements and; therefore, is accepted for review.. .. . You will be notified if' any additional inform~tion 'is required to continue processing your application.. '. .. . . . Please contact me. at (425) 430-7298 if 'you have, Ciny questions. Sinqerely, .~.· ..... ~· ..... l • l.'· . .' .' -." . , " . Arneta Henninger. Project Manager . , . cc: Keith & Annette Demps fOwner Marc Rousso fApplicant ~ ---.. ----... -------.-.---.. -.--.-... -····-10-S-S-·S-'-ou-'-th-·G-· r-a-dy-W-,a-y-. '~-'R-e-nt-on-;--W,-a-sh-in-g-to-n--9-8-0S-S-'" .--.-.. -. --. -.--... -. ~-R~.E-N~T-O-N-. -_·cc· * This paper contains 50% recycJed material, 30% post consumer AHEAD OF THE CURVE City of Renton LAND USE PERMIT MAST.E·R APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: . Ke"iL....-6Annel/<..· Delt1l'JS PROJECT OR DEVELOPMENT NAME: PA~I("JI£W I-MUF5 rlltf-k1-PIAl ADDRESS: tJ€ Zq11-sf 2308 PROJECT/ADDRESS(S)ILOCATION AND ZIP CODE: Z30<:J J.J E 2.L( Vi:ST- CITY: 12e YJf-OY"\ ZIP: CJ8DSb WA-R-~TO~ WA-· 1~5(.p TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) 33tj39ti;-aS~tJ NAME: M 2 (')uss. 0 rC{('c- EXISTING LAND USE(S): Rgs I D e}.Jlf kL COMPANY (ifapplicable): I&. De uti 0 {) me, I-.J17 JVt L.c0r PROPOSED LAND USE(S): 519Me- ADDRESS:? ' , 0 \SO'i.. Z5~ EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RE..$lDCtJTIA L I \ ~ ,11 ~,~:-)t,;ol'l '.:::.-I!-I/[>'J:!-IOO1/ CITY: i2evtk t-/A-ZIP: CfBDSb PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): ;JIlt TELEPHONE NUMBER q 199 20<0'-tf 8 -8A EXISTING ZONING: f2..-<l CONTACT PERSON PROPOSED ZONING (If applicable): AlJA- NAME: Sre-,i)/leAl uW~ !Jt:5 SITE AREA (in square feet): 7(P~9?(} SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COMPANY (if apPIiZ;: ~ C~C vTC ~V~YIAh- ADDRESS: ?:?/O/ 9J!i4V'C' ~. FOR SUBDIVISIONS OR PRIVATE STREETS SERVING THREE LOTS OR MORE (if applicable): '1,710 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable):~ (P,S CITY: ZIP: ~ ,.cEPeP/? w/ff/ fAli fitiJ 3 '" NUMBER OF PROPOSED LOTS (if applicable): It) TELI;PHONE NUMBER AND E-MAIL ADDRESS: 253 -~ft;/-I1t:J1 NUMBER OF NEW DWELLING UNITS (ifaPPlicable):1 Q:wd:J/fIW ldevserv/fonnslplanning/masterapp.doc 09/24103 PRoItCTINFORMAT~I~O~N~(~ICo~n~t~in~u~ed~lf~-____________ ~ NUMBER OF EXISTING DWELLING UNITS (if applicable): I SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): (1;. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): ~ NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): r/) NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (ifapplicable): PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA. PLEASE INCLUDE SQUARE FOOTAGE (if applicable): a AQUIFER PROTECTION AREA ONE a AQUIFER PROTECTION AREA TWO a FLOOD HAZARD AREA sq. ft. a GEOLOGIC HAZARD sq. ft. a HABITAT CONSERVATION sq. ft. a SHORELINE STREAMS AND LAKES sq. ft. a WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE JJe::-QUARTER OF SECTION'£". TOWNSHIP ~&'RANGE 56, IN THE CITY OF RENTON. KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for. 1. ,AAJA-I.-Puf-r Il)(XJ ~ 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP /(~inl F' ANNETTE O.r~ps / I. (Print Name/s)' • declare that I am (please check one) "-the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statemems and answers herein contained and the information herewith are in all respects true and correct to the best of my knOwledge and belief. , (Signature of Owner/Representative) I certify that I know or have satisfactory evidence that K, ~ th '* 0... (l (\ -t.lts ~iIIj2A signed this Instrument and acknowledged it to be hlslherllhelr free and voluntary act for the uses and purposes mentioned in the instrument ~L= (2. adfuw Q. ---.~ J Notary Public In and for the State of Washington . V'--~ " --U <L.-Y"\ e e-/ 09124103 DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. .::;-~ I 0 qO square feet 2. Certain areas are excluded from density calculations. These include public roadways, private access easements serving 3 or more dwelling units, ql~LO and critical areas.* Total excluded area:** 2. square feet I 3. Subtract line 2 from line 1 for net area: 3. G~l Lr[/D square feet , 4. Divide line 3 by 43,560 for net acreage: 4. i.~~ acres 5. Number of dwelling units or lots planned: 5. 10 units/lots 6. Divide line 5 by line 4 for net density: 6. G. r-d.u.lacre ____ lots or units would result in a net density of ____ dwelling units per acre. *Critical. Areas are defined as "Areas. determined by the City to be not suitable for ... development and which are subject to the City's Critical Areas Regulations not including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. Q:\WEB\PW\DEVSERV\Forms\Planning\density.doc07/18/03 1 121 I : 277 ~~276 III .., I .. til:~ :: -l-J r.:;1:1 , "cIj'11 -II I' :!}s ~;;~--:--'~ 283 (4) , I, I I l@~ .. @)~ " 273 RENTON E Vt 5-23-5 309E ,J \ ~~i~.;~_:':~: .s:.) , --.----tI ""24i 236 .Jtt:. cv ... IU c :::: c a.. "0 >- C III C C cv 0 ~ -' IS I I~ .-./ ... Centre Pointe --Surveying, Inc., P.S. City of Renton June 21, 2004 1055 South Grady Way Renton, Washington 98055 RE: Hearing Examiners Report for the Plat of Park view Home, File No.; LUA-02-061, PP,EDF, dated August 13,2002. Dear. City of Renton Representative, Enclosed is how your the Hearing Examiners Recommendations and the Environmental Review Committee (ERC) comments were addressed; Hearing Examiners Recommendations: 1) The conditions imposed by the ERC were complied with as shown below. 2) A copy of the demolition permit for all demolished structures will be submitted prior to the recording of the Final Plat. 3) The maintenance agreement included in this submittal package will be recorded prior to the recording of the Final Plat. Environmental Review Committee: (Mitigation Measures) 1) A silt fence was installed prior to any clearing and grading in accordance with the City of Renton Standards. The silt fence will stay in place during construction of the building structures. P.O. Box 4416 -Federal Way, WA 98063-4416 Phone (253) 661-1901 -Fax (253) 661-7719 2) All sedimentary control measures have been completed and removed as construction is complete. Additional control may be necessary at time of the building permit process. 3) The projects on-site/off-site supervisor performs inspections of all sedimentation and erosion control structures on a daily basis to confirm compliance with the King' County Surface Water Design Manual (KCSWDM). 4) All erosion control has been completed and removed. No violations were reported. Additional erosion control will be in place at the time of the building permit process. 5) The project was built in accordance with the 1998 King County Surface Water Manual Level 2 Flow Control. An additional on-site storm drainage vault is being revised and bonded for at this time. 6) Fire Mitigation Fees will be paid in the amount of$488.00 per new single family lot (9) prior to Final Plat Approval. 7) The 50' right of way shown on the Preliminary Plat 8) The Applicant will pay the appropriate fee for Traffic Mitigation prior to Final Plat Recording. Fee's will be based on a $75.00 per e~ch new average daily trip. 9) Park Mitigation Fees in the amount of$530.76 per new single family lot (9) will be paid prior to Final Plat Recording. Should you have any questions or need additiomtl information, please give me a call. Sincerely, Stephen H Woods, P.L.S. Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901' Thursday, June 03, 2004 8:14:52 AM NEW PROJECT PROJECT: G:\2225\2225.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: ROAD Point Number Bearing Description Distance 326 Calc Calc po N88°06'35"E 40 .. 61' 354 CALC LOT COR Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: . Tangent: Curve PI: 352 CALC LOT COR N00030'57"W 306.12' 338 Calc Calc 'po Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 340 Calc Calc po S00030'57"E 440.00' 326 Calc Calc po Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area Sta Northing 0+00.00 8008.18889 0+40.61 8009.52844 353 8034.51483 25.00 , 91°22'28" Right 39.87 , N46°12'11"W 35.78 , 7.54 , 10.79 , 229°10'59" Arc Definition 25.61 , 8008.68380 0+80.48 8034.29194 3+86.60 8340.39954 339 8393.17744 55.00 , 164°10'24" Left 157.60 , N08°25'45"W 108.95 , 47.43 , 344.49 , 104°10'27" Arc Definition 395.69 , 8451.73264 5+44.19 8448.17264 9+84.19 8008.19047 0.00158 -0.00331 S64°27'11"E 0.00367 931.46 (984.19) 1/254137 1/589301 1/281676 9851.11 SQ FT 0.226 ACRES .Easting Elevation 7338.61300 7379.20090 7378.37626 CALC LOT R 7353.60915 7353.37500 7350.61904 7335.14347 Calc Calc 7730.32499 7334.64843 7338.60969 C~ntre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, June 03, 2004 8:14:51 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2225\2225.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: OVERALL Point Number Bearing Description Distance 327 S89° 56' 57 '~E 317 SOO030'54"E 322 S88°06'35"W 326 NOO030'57"W 327 Closing latitude Closing departure Closing bearing Closing distanc~ Calc Calc Calc Calc Calc Total traverse length Total error of closure Calc po 126.31 Calc po 606.64 Calc po 126.33 Calc po 610.92 Calc po Error of closure in latitude Error of closure in"departure Area Area , , , , Sta 0+00.00 1+26.31 7+32.95 8+59.28 14+70.20 0.00061 0.00134 S65°21'56"W 0.00147 Northing 8619.08707 8618.97500 8012.35951 8008.19244 8619.08768 1470.20 (1470.20) 1/996963 1/2391792 1/1096786 76886.75 SQ FT 1.765 ACRES Easting Elevation 7333.11412 7459.42407 7464.87675 7338.61549 7333.11546 Centre Pointe Surveying 33701 9th Avenue South . Federal Way, WA 98003 253-661-1901 Thursday, June 03, 2004 8:14:51 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2225\2225.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord b~aring and chord lengths as indicated herein. Boundary Name: LOT 9 . Point Number Bearing Description Distance 327 S89°56'57"E 346 SOOo30'57"E 348 N89°56'57"W 349 NOOo30'57"W 327 Closing latitude Closing departure Closing bearing Closing distance Calc Calc Calc Calc Calc Total traver~e length Total error of closure Calc po 5LOO Calc po 88.54 Calc po 51. 00 Calc po 88.54 Calc po Error of closure in latitude Error of cl6sure in departure Area Area , , , , Sta 0+00.00 0+51. 00 1+39.54 1+90.54 2+79.08 0.00000 0.00000 N90000'OO''W 0.00000 Northing 8619.08707 8619.04182 8530.50541 8530.55066 8619.08707 279.08 (279.08) 1/999999 1/999999 1/999999 4515.37 SQ FT 0.104 ACRES Easting Elevation 7333.11412 7384.11410 7384.91121 7333.91123 7333.11412 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, June 03, 2004 8:14:51 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2225\2225.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 8 Point Number Bearing Description Distance 346 SOOo30'57"E 345 S89°56'57"E 344 NOOo30'54"W 317. N89°56'57"W 346 Closing latitude Closing departure Closing bearing Closing distance Calc Calc Calc Calc Calc Total traverse length Total error of closure Calc po 93.59 Calc po 75.30 Calc po 93.59 Calc po 75.30 Calc po Error of closure in latitude Error of closure in. departure Area Area , , , , Sta 0+00.00 0+93.59 1+68.89 2+62.48 3+37.78 0.00001 0.00136 S89°29·'04"W 0.00136 Northing 8619.04188 8525.45568 8525.38887 8618.97509 8619.04189 337.78 (337.7"8) 1/248146 1/27585341 1/248156 7047.02 SQ FT 0.162 ACRES Easting Elevation 7384.11659 7384.95917 7460.25914 7459.41792 7384.11795 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, June 03, 2004 8:14:51 AM NEW PROJECT PROJECT: G:\2225\2225.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 7 Point Number Bearing Description Distance 344 Calc Calc po N89°56'57"W 75.30 345 Calc Calc po SOO030'57"E 80.50 347 Calc Calc po S42°47'03"W 17.37 350 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of . Curvature: Tangent: Curve PI: 343 Calc.Calc po NA2°47'03"E 19.03 342 Calc Calc po N89°29'06"E 63.59 341 Calc Calc po NOO030'54".w 93.59 344 Calc Calc po Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area , , , , , , Sta Northing 0+00.00 8525.39233 0+75.30 8525.45914 1+55.81 8444.96240 1+73.17 8432.21425 339 8393.17339 55.00 , 19°14'00" Right 18.46 , S35°36'17"E 18.38 , 0.77 , 0.78 , 104°10'27" Arc Definition 9.32 , 1+91.63 2+10.66 2+74.26 3+67.84 0.00225 -0.00084 S20025'38"E 0.00240 8425.65006 8417.27034 8431.23679 8431.80836 8525.39458 367.76 (367.84) 1/153221 1/163503 1/439007 7312.01 SQ FT 0.168 ACRES Easting Elevation 7460.26139 7384.96142 7385.68615 7373.88777 7335.14746 Calc Calc 7380.50293 7384.58843 7397.51433 7461.10177 7460.26055 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 . 253-661-1901 Thursday, June 03, 2004 8:14:51 AM NEW PROJECT PROJECT: G:\2225\2225.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 10 Point Number Bearing Description Distance 348 Calc Calc po S00030'~~"E 85.55 ' 347 Calc Calc po S42°47'03"W 17.37 ' 350 Center Point: Radius: Delta: Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 340 Calc Calc po N00030'57"W 82.39 ' 349 Calc Calc po S89°56'57"E 51.00 ' 348 Calq Calc po Sta 0+00.00 0+85.55 1+02.92 339 55 .. 00 45°17'40" 43.48 N67°52'07"W 42.36 4.24 4.60 104°10'27" 22.95 1+46.40 2+28.78 2+79.79 Northing Easting Elevation 8530.50884 7384.91350 8444.96231 7385.68370 8432.21416 7373.'88533 8393.17330 7335.14502 Calc Calc , Left , , , , Arc Definition , 84·48.37762 7357.59915 8448.17252 7334.64631 8530.55918 7333.90456 8530.51393 7384.90454 -------------------~------------------------------------------------,------------ Closing latitude Closing departure Closing bearing Closing distance Total traverse length' Total error of closure Error of closure in latitude Error of closure in departure Area· Area 0.00509 -0.00896 S60023'50"E 0.01031 278.67 (279.79) 1/27041 1/54741 1/31101 4505.89 SQ FT 0.103 ACRES Centre Pointe'Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, June 03, 2004 9:02:09 AM NEW PROJECT PROJECT: G:\2225\2225,pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 6 Point Number Bearing Description Distance 341, Calc S89°29'06"W 342 Calc S42°47'03"W ' 343 Calc Calc po 63.59 ' Calc po 19.03 ' Calc po Center Point: Radius: Delta: Arc Length: Chord Bearing: , Chord Length: Middle Ordinate: External: ' Deg of Curvature: Tangent: Curve PI: 338 Calc Calc po N89°29'06"E 111.30 ' 337 Calc Calc po N00030'54"W 90.42 ' 341 Calc Calc po Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error ,of closure Error of closure in latitude Error of closure in departure Area Area Sta Northing 0+00.00 8431.80980 0+63.59 8431.23823 0+82.62 8417.27178 339 8393.17167 55.00 , 99°38'44" Right 95.65 , S23°50'05"W 84.05 , 19.52 , 30.25 , 104°10'27" Arc Definition 65.14 , 1+78.28 2+89.57 3+79.99 -0.00306 0.00486 N57°46'45"W 0.00574 8358.72323 8340.38999 8341.39039 8431.80674 368.39 (379.99) 1/64135 1/120288 1/75810 7026.92 SQ FT 0.161 ACRES Easting Elevation 7461.10240 7397.51496 7384.58906 7335.15036 Calc Calc 7413.12801 7350.62448 7461. 91998 7461.10725 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, June 03, 2004 9:02:09 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2225\2225.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 5 Point Number Bearing Description Distance 337 S89°29'06"W 338 SOOo30'57"E 336 N89°29'06"E 335 . NOOo30'54"W 337 Closing latitude Closing departure Closing bearing Closing distance Calc Calc Calc Calc Calc Total traverse length Total error of closure Calc po 111. 30 Calc po 54.28 Calc po 111. 30 Calc po 54.28 Calc po Error of ·closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+11.30 1+65.58 2+76.88 3+31.16 0.00001 0.00079 S89°29'05"W 0.00079 Northing 8341. 39559 8340.39518 8286.11738 8287.11778 8341.39559 331.16 (331.16) 1/419470 1/46630704 1/419487 6041.68 SQ FT 0.139 ACRES Easting Elevation 7461.91493 7350.61943 7351.10810 7462.40361 7461. 91572 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 -2-5-3-661-1901 Thursday, June 03, 2004 9:02:09 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2225\2225.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 4 Point Number Bearing Description Distance 335 Calc Calc po S89°29'06,iW 111.30 336 Calc Calc po SOOo30'57"E 50.00 334 Calc Calc po N89°29'06"E 111.29 333 _ Calc Calc po NOOo30'54"W 50.00 335 Calc Calc po ~losing latitude Closing departure ~ Closing bearing Closing distance Total traverse length Total error-of closure Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+11.30 1+61.30 2+72.59 3+22.59 -0.00008 -0.00927 N89°29'06"E 0.00927 Northing 8287.11289 8286.11249 8236.11452 8237.11483 8287.11281 322.59 (322.59) 1/34788 1/3870702 1/34790 5564.75 SQ FT 0.128 ACRES Easting Elevation 7462.40276 7351.10726 7351. 55740 7462.84290 7462.39349 Centre Point~ Surveying 33701 9th Avenu~ South Federal Way, WA 98003 253-661-1901 Thursday, June 03, 2004 9:02:09 AM NEW PROJECT CLOSURE REPORT PROJECT: G:\2225\2225.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 3 Point Number Bearing Description Distance 333 S89°29'06"W 334 SOOo30'57"E 332 N89°29'06"E 331 . NOOo30'54"W 333 Closing latitude Closing departure Closing bearing Closing distance Calc Calc Calc Calc Calc Total traverse length Total error of closure Calc po 111.29 Calc po 50.00 Calc po 111.29 Calc po 50.00 Calc po Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+11.29 1+61. 29 2+72.59 3+22.59 0.00001 0.00073 S89°29'04"W 0.00073 Northing 8237.11491 8236.11460 8186.11663 8187.11694 8237.11492 322.58 (322.59) 1/443579 1/49310718 1/443597 5564.71 SQ FT 0.128 ACRES Easting Elevation 7462.85208 7351.56658 7352.01672 7463.30223 7462.85281 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, June 03, 2004 9:02:09 AM NEW PROJECT CLOSURE REPQRT PROJECT: G:\2225\2225.pro Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name:' LOT 2 Point Number Bearing Description Distance 331 S89°29'06"W 332 SOOo30'57"E 329 N89°29'06"E 328 NOOo30'54"W 331 Closing latitude Closing departure Closing bearing Closing distance Calc Calc Calc Calc Calc Total traverse length Total error of closure Calc po 111.29 Calc po 50.00 Calc po 111.29 Calc po 50.00 Calc po Error of closure in latitude Error of closure in departure Area Area , , , , Sta 0+00.00 1+11.29 1+61.29 2+72.59 3+22.59 0.00001 0.00073 S89°29'04"W 0.00073 Northing 8187.11693 8186.11662 8136.11865 8137.11896 8187.11694 322.58 (322.59) 1/443579 1/49310718 1/443597 5564.68 SQ FT 0.128 ACRES Easting Elevation 7463.30141 7352.01590 7352.46604 7463.75155 7463.30213 Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Thursday, June 03, 2004 9:02:09 AM NEW PROJECT PROJECT: G:\2225\2225.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: LOT 1 Point Number Bearing Description Distance 328 Calc S89°29'06"W 329 Calc SOOo30'57"E 352 CALC Calc po 111.29 ' Calc po 101. 83 ' LOT COR Center Point: Radius: Delta: . Arc Length: Chord Bearing: Chord Length: Middle Ordinate: External: Deg of Curvature: Tangent: Curve PI: 354. CALC LOT COR N88°06'35"E 85.72 ' 322 Calc Calc po N0003.D'54"W 124.77' 328 Calc Calc po Closing latitude Closing departure . Closing bearing Closing dist~nce Total traverse length Total ·error of closure Error of closure in latitude Error of closure in departur~ Area Area . Sta Northing 0+00.00 8137.11895 1+11.29 8136.11864 2+13.13 8034.29277 353 8034.51784 25.00 , 91°22'28" Left 39.87 , S46°12'11"E 35.78 , 7.54 , 10.79 , 229°10'59" Arc Definition 25.61 , 2+53.00 3+38.71 4+63.48 0.00279 0.00904 S72°49'08"W 0.00946 8008.68380 8009.52926 8012.35679 8137.12175 459.39 (463.48) 1/48551 1/164364 1/50819 13892.61.SQ FT 0.319 ACRES Easting Elevation 7463.75073 7352.46522 7353.38199 7378.38097 CALC LOT R 7353.60915 7379.20789 7464.88124 7463.75977 .' . After Recording, Return to: John R. Tomlinson, Jr. 1422 Bellevue Avenue Seattle, WA 98122 DEVELOPMENT PLANNING CITY OFRENTON JUN 232004 R~CfE~V~[Q) [Space above this line for Recorder's use only] DECLARATION OF JOINT ACCESS, UTILITIES AND MAINTENANCE This Declaration of Joint Access, Utilities and Maintenance (the tlpeclarationtl) is being . made on the -date hereinafter set forth, by J&M Land Development, Inc., a Washington corporation (tlJ&MtI). RECITALS: WHEREAS, J&M is in the process of short platting into ten lots certain real property that it owns. However, only Lots 7,8,9 and 10, legally described on attached Exhibit A, are affected by this Declaration. . . WHEREAS, J&M is constructing a twenty (20) foot wide private driveway, _--,-__ to ( . ) feet of which will be comprised of an impervious material, e.g., asphalt ("Driveway"), graphically depicted, and legally described on Exhibit B attached hereto, to provide shared access to Lots 7,8,9 and 10. WHEREAS, J&M undertook installing, for the benefit of Lots 7, 8, 9 and 10: certain utilities, including, but not limited to and shared storm drainage: WHEREAS, this Declaration establishes mutual easements and maintenance obligations regarding the shared Driveway and the improvements, including the utilities, within the Driveway. NOW, THEREFORE, J&M hereby declares as follows: 1. Grant of Easement. J&M hereby declares perpetual, non-exclusive mutual easements t<;) and for the benefit of Lots 7,8,9 and 10, over, under and across the Driveway depicted Page 1 of6 and described on the attached Exhibit B (the "Easement Area"), for the purpose of ingress and egress, and utilities, including storm drains. The scope of the easements granted hereunder shall include the right to install, construct, operate, maintain, remove, replace, repair, and use a paved joint driveway and all utilities located thereon (including but not liqlited to, power, water, drainage, sewer, and appurtenant facilities). J. Maintenance and Repair. The owners of Lots 7,8,9 and 10 shall share equally the costs of maintaining and repairing the following: the Driveway, and the shared underground utilities, including the storm drainage. Any catch basin, if any, shall be inspected and cleaned on a semi-annual basis and the costs associated therewith shall be shared equally by Lots 7, 8, 9 and 10. All costs related to storm water runoff control shall be borne equally by the owners of Lots 7,8,9 and 10. The Lot owners shall share equally the cost of all real estate or other taxes applicable to the Driveway, if any. Provided, however, the cost of any repairs to the Driveway, or to other items that are to be mutually shared and maintained by the Lot owriers as described herein, resulting from the negligence or intentional misconduct of any Lot owner, shall be paid by the Lot owner causing the damage except to the extent such cost is covered by insurance. Unless otherwise agreed in writing by the three Lot owners, all maintenance and repair decisions shall be by unanimous written consent of the Lot owners. After receipt of such unanimous written consent, any Lot owner incurring such maintenance and/or repair costs, shall provide a written invoice to the other Lot owners stating each Lot owner's pro-rata share of such costs, and the other Lot owners shall pay the invoice within thirty . (30) days of receipt thereof. Any overdue amounts shall bear interest at the lesser of twelve percent (12%) or the highest nonusurious rate permitted by law, and the substantially prevailing Lot owner(s) in any action to recover those amounts shall be entitled to their reasonable attorneys' fees and costs. J. Separate Utilities. Each owner of Lots 7,8,9 and 10 shall be solely responsible for the costs of installing, replacing, repairing, and maintaining those utilities now or hereafter maintained within the Easement Area that serve such owner's property and not the other Lot owners' property. J. Reservation. J&M and all future owners of all or any portion of Lots 7,8,9 and 10 reserve all rights not expressly granted hereunder. 1. Indemnity and Insurance. The owners of Lots 7, 8, 9 and 10, and such owners' successors and assigns (each an "Indemnitor"), agree to indemnify, defend, and hold the other owners and such other owners' successors and assigns harmless, from and against any and all claims, liens, losses, liabilities and expenses, including attorneys' fees and court costs, incurred by or asserted against such owners or their successors and assigns, as a result of any negligent or wrongful acts or maintenance or repair on the Easement Area by the Indemnitor or its employees, agents, tenants, contractors, successors or assigns. This indemnity shall run with the land and shall inure to the benefit of the owners of all or Page 2 of6 any portion of Lots 7, 8, 9 and 10. Each owner shall at all times, at its sole cost and expense, keep in full force and effect a policy of commercial general liability insurance . insuring against any and all claims or liability arising out of the use or maintenance of the Easement Area, in an amount of not less than One Million Dollars ($1,000,000) per occurrence, covering bodily injury to persons, including death, and damage to property, including automobile liability coverage and contractual liability endorsement covering the indemnification covenant stated' above; and shall insure the hazards of the Easement Area and the insured party's operations thereon, including the acts of its independent contractors. Each party shall be named as an additional insured under the policy of the other party, such coverage may not be discontinued or terminated except upon thirty (30) day~ prior written notice tothe other party, and each policy shall have a deductible of not more than $5,000. ,I. Reasonable Use. The owners and their tenants, employees, agents, contractors, successors or assigns shall use the Easement Area in a reasonable manner consistent with this Declaration and, to the extent reasonably possible, shall avoid disturbing the other owner or its agents, employees~ tenants, contractors, successors or assigns. I. . Notices. Any notices required or permitted hereunder shall be in writing and shall be effective when delivered in person, the third day after being sent by registered or certified United States mail, return receipt requested, postage prepaid, or the first business day after being serit by overnight courier, addressed to the owner of Lots 7, 8, 9 and 10, as the case may be, at the current mailing address listed in the records of the King County 'Assessor. I. Covenants Running With the Land. The rights and restrictions contained herein shall be deemed appurtenant covenants running with the land and shall benefit and be binding upon the owners of Lots 7, 8, 9 and 10, and their respective heirs, successors and assigns. I. Costs and Attorneys' Fees. Should an owner of Lot 7,8,9 and 10 initiate legal proceedings to adjudicate any issues arising hereunder or to enforce any term, the party who substantially prevails shall be entitled to reimbursement of their reasonable attorneys' fees, costs, and expenses reasonably incurred in preparing to bring suit, during suit, on appeal and in enforcing any judgment or award .. It is agreed that any action at law or equity shall be brought in King County, Washington. I. WaiverlModification. Any waiver of any breach shall not be considered a waiver of any future similar breach. There shall be no modification or amendment to this Declaration except in a writing signed by all of the owners of Lots 7, 8,9 and 10. The foregoing Declaration and any rules and regulations adopted hereunder are in the best interests of the Plat. Any subsequent owner of Lots 7, 8, 9 and 10 shall be bound by this Declaration and the terms and conditions set forth herein. Page 3 of6 DATED this __ day of June 2004. STATE OF WASHINGTON ) .) ss: . COUNTY OF KING ) J&M LAND DEVELOPMENT, INC., a Washington corporation, By: ____________ _ Marc Rousso, President THIS IS TO CERTIFY that on this day of June 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Marc Rousso, to me known to be the President of J&M Land Development, Inc., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. DATED: ____________ , 2004. NOTARY PUBLIC in and for the State of Washington Residing at --.,.._-::---:--_______ _ My Commission Expires: ______ _ Printed Name: __________ _ Page 4 of6 EXHIBIT A . [Legal Description of Lots 7, 8, 9 and 10] LOT 7 LOTS LOT 9 LOTIO Page 5 of6 " EXHIBITB [Depiction of the Private Driveway] and Legal Description Page 6 of6 .. DEVELOPMENT PLANNING CITY OF RENTON . .' c JUN 232004 b9J~CE~W~[Q) Thll 5", ... nacIVCd I'or Recorder'1 u~ fD1 Filed Cor RcconJ ul Request or Sammamish Escrow. Inc. AFTER RECORDING MAIL TO: 1b~amD_· ______ ~K~E~I~I~H~D~.~PUEAM~PuSL-____________________________ _ Address 2308 NE 24m ST -CitY. StaiD. Zip RENTON, lolA 98056 Escrow number: 94424B .~ 'd" Statutory Warranty Deed U) o o THE GRANTOR· LORIE H. REEvES.WITE. AN UNHARllIED PERSON. AS HER. SEPARATE ESTATE N II') C . ror and In consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ~ r:n . in liilOd p:.id, convc)'5 and warrants 10 KEITH D. DEMPS AND ANNETTE B.' DEMPS, HUSBAND AND III FE '>: (::. :!'\ 13 ~ ~. ... Ihc following dcscrihed real c.~lulc. situated in the County of KINe • Stote or \Vallhinglon: ',',,: _ 1\. TilE EAST HALF OF TRACT 223, e.D. HILLMAN'S L-'\KE WASHINGTON GARDEN Ot-EDEN ~, ADDITION TO SEAT"rLE DIVIS Ion NO.4. ACCORDING TO THE PLAT THEREOF. RECOIW£D IN ,i #' VOLUI1E 11 OF PLATS. PAGE (S) 82. IN KING COUNTY. WI\SHINCTON. i~ ~~ ~~ ~ -~. L:::_~ SUBJECT TO: Ati. EASEMENTS. RESTRICTIONS, RESERVATIONS. CONDITIONS. COVENANTS AND ACREENENTS OF RECORD.AS SHOWN ON "EXHIBIT AM ATTACHED HERETO. APPROVED AND ACCEPTED BY: /C~~/~ o...:"'-"V"-_'-'-~. DL(""t"'\('~ Outed Ihis . 13 day or Kay , 1994 ~M~EV~·~U. .. ·; ...... By 8'1 .............................................................................................. By STATE OF Y..\~tlHIJ,n:.QtL_ .. _. _._. ______ } COUNTY OF KItiCL ____ .___ _____ 55 I certify Ihatl know or have satfsfact0rY evlden.:e that WEI 1'1. REE~I.1:&- ~ the person__ who appeared before me. and said penon __ acknowledged that nh!L--signed this Instrument and acknowledged It to be ~ free and voluntary act for the uses and purposes mOnIiOnedl~~~I.~ Dated: .... C ~~ ;l, ~~~, ... " •• , ./ i; -0 -~ ~"c:.t...' ,~~ll. (\,/7 '2/7 C\ !~l~OTNiU't~····· :Z\_ Q .... ~ 41(.,. <" C' >4,.;1< ~ ~ e ---~ IRENE C. IIAL1.EIo1 ~ <!!>. ~'" fU8L~ ~! Notary Public In and for tho Sto.lo of ..llA.StlIlliIT.Q£!N _____ _ ,,~· •• ~.-3. !S-.0; Residing at ~ ________ _ 'ft. OJ:'' WAS~~/ My appointment expires: .l.~L2.1-----------" "",,,,, ... ,,,, E~375553 O~/eO/1994 2848.00 ~60000.00 LI'IJ.IO .. -.-.-=.~--~----~--------~ .. ' . • -' .. I. :- '." ., I: , . .•. ·:"4~ • .. EXHIB:IT "A" _" 1. RELEI\SE OF DI\KJ\OE I\OREEIiENT J\HD 'rilE TERMS NlD CoNtl%TIONS TRE:tUi:O'F. BETWEEN: !\NOr RECOIlDED: RECOIlD INC tlUHnEn I OWNEns KIno COUNTY FEURUARY 4, 1959 4!l9:1DD1 nELEAS%NC K%NC COUNTY FROM ALL FUTURE CLAIMS FOn DAMI\OE:S RESULTINC FROM. "NY DI\MACE TIIAT Kl\Y DE CAUSED DY TilE tll\TURAL FLOW OF SImFI\CE WI\TER FROM Tfln PLJI.'!' OF ".E. CA'l"l'EN MOITION. I, .- -. - l~_~ •• • J :.:. t,S?iiftll&U'!OK. IiIIIlSIJtl!ftI c:4rm a .. SIlCIiD 1'IIm, and . . -_ .... iIIiRiis~'i-~ pu-t~:.';';':.,.. es·!!AS ~_ tMtthey Uet.h.~.(-.nt, ~) rat toW ~p.""'L"",~ ~ ... loUtwI'·· ...:. '. " ~ .. ' .... :-......... ,1 P ,. "," ~1;10."'" : ...... . ~'.' . .. ' . . . ~ . d, 1959 .;1. ... :.:: -~ J . .. / WIlEN lIECORDEO RETUIIN TO; ornevoflhHllyd.rk . /" Ronlol\ Muntdpal DuJldlng " o • CITY OF RENTON SANITARY SEWEn IiXTENSION AGREEMENT REGSIVED AUG 1 9 199' OATH _~J!!.:u ~~;.;.;:.;e=--;t'" 200 !\lUI Av.nu.Sout!> 1lI:l\lun. WA 9111155 '1' ~ N .... 0') ~ Cl) 0 ~ en I, We KEITH DEHPS owner(s) of Address 2'iQa HE 24TII 511 RENTON WA 98056 KIng County Tax Account /(J34 )90-0860-0 legaUy dcscrlbed lIS foUows: TIlE ~:"ST HALF' OF' TRACT 223, C.D. HIWIAH"S LAKE WASIIINGTON CARDEN OF' EDEN IIDIH'I'lON 'fO SElI'liLE DIVISION NO.4, ACCORDING TO 'filE PLAT TIIEREOF', RECORDED IN VOLUJ-IE 11 OF PLATS, PAGES(S) 82, IN KING COUNTY, WASJlINGTON. (or and In consldcrntion of tllc Renton Sanitary Scwer Dep:lCtment granllng a pennIt to connect to a sanitary sc:wcr~ln tkf M<b :sr for the above property. HNJ~ "TIle owner(s) of the abovc.<JcscrJbed property, Ihclr sueccssors, heIrs and IISSlgns, hereby agree and covenant: 1. 2. 3. AUG To participate In, sign a pelltlon In support of, and accept IIny Loca.l Improvement District (UD), To partIcipate In or sign a pelltlon In support of any other Clty·InIUated proposal, other th:1n.~ !JD, lind pay theIr faIr share thereof, Otherwise financllllly or physlc:\lIy partIcIpate In any propos:al, Clty·InlUated or otherwise, for the purpose of extension of the sanitary sewer main In W zA.--(h Sr When required by the Renton SubdMslon OrdInance or :15 directed by the Admlnlstr.ltor of Publle Works. ,Despite the I:lnguage In City Code Sectlon8-5-2(d) the undersigned will connect to a s:lrillltiy scwer, even If such sewer Is InstA1led by a deve!opcr(or the purpose of meeting platting reqUirements and the undersigned Is not nn owner wIthin the confines of said plat.' . i REOF I (WI!) have hereunto set my/our h:lnd(s) nnd sc:aI the day and year 11994 e . 7~AL ___ 0:01,. KING COUNTY HECOROER ' _______________ ·_(Se:ll) STATE OF WASHINGTON ) ) SS, COUNlY OF KING ) I, ANNE'ITE DEI-IPS , II Notary Public In and (or the State of Washington, residing at 2302 NE 12TII , do hereby certify that on thls..1L day of JULY , 19 9", personaUy appeared before me KEI'm DEJlIPS • to me known to be the Indlvldual(s) described herein and who executed the within Instrument and acknowledged that ' signed and scaled the same lIS free and voluntary act and deed for uses lind purposes thereIn mentioned, WITNESS my hand and official seal the day nnd year In this certUlc:\te first above written, ...tt.. / T"'i'tf -00 $'0' O-~~ '--::::; ~PL-l '-I°V~tlfiJ5,;.tJ,4-'1J'f Notllry Public In and for the State of Washington, resIding at 2302 NE 12TH :: Y.-."" 0' .... :r.: ~ :2 ~ .. t~ .., '" " .-,-"-:'--~-.. -- RETURN ADDRESS: BOEING EMPLOYEES' CREDIT> UNION P.O. BOX 97050 Seattle, WA 98124-9750 PACIFIC NW TIT DT 23 .•• 1888121111800408 PAGE .M=~ ee. 12/.11 aa .a:~. KING C , . UA . FILED BY PNWT. DEED OF TRUST 'S' /~ -z.7 W 'Lo'-{o-b Aaalgnment of Renta and Security Agreement Reference # (If applicable): 310535660613YSI Additional on page __ Grantor(s): . >' 1. Demps, Annette B 2. Demps, Keith D . Grantee(s)JAsslgneelBeneflclary: BOEING EMPLOYEES' CREDIT UNION, Beneficiary Pacific NW Title Company, Trustee . Legal Descrjptlon: A PTN OF TRACT 223 ..... C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADD Tv SEATTLE DIY NO.4, Y 11, PG 82, IN KING COUNTY. . . Assessor's Tax Parcel 10#: 334390·0860 PO Additional on page 2 THIS DEED OF TRUST IS DATED NOVEMBER 23, 1999, among Annette B Demps.and Keith 0 Demps, husband and wife, whose maDlng addre •• I. 2308 NE 24th Street, Renton, WA 98056 (referred to below a. "Grantor~)i BOEING EMPLOYEES' CREDIT UNION, whose meillng addre •• 'Ia P.O.' BOX 97050, Seattle,. WA 9812~97&0 (referred to below sometimes aa . "Lender"and aometlme8.... "Berieiflcl1iirv'~'); ."dPiiclfte NW 'l'ItIe COmpa~. whOse ",ailing address I. 1201 Third ,Avenue, Suite 3800, Seattle, WA 98101 (referred to below e. "TruStee"). 00 c:::> -c:::> c:::::> c:::> ~ ::> => c::::> .,....., ::::> ...... en en .-;r, ::n CT'l r:;:r. ~ 11-23-1999 Loan No 535 66 0613 DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GRANT. For veluable con8Idendlon, Orantor convey. to Tru.t_ In trust with power of eale. rtghl of entry ond poaaeaelon and tar the beneftl Of Lender .. ae-IIcIary, al/ of Granlor's rlghl. IIUe. and Inleresl In and 10 the following described real property. logether wllh aU eXISting or aubsequently erected or afftxed buildings. Improvements and fixtures: all easements. rights of way. and appurtenances: all waler. water rights and ditch rights (Including slock In utlllllea· Wllh ditch or Imgal10n rights); and all olher rights. royailies. and profits relating 10 lhe real pr~e!1Y. Including wllhoul IImllabon all minerals. 011. gas. geolhermal and similar matters. located In King County, State of Washington (the "Real. Property"): THE EAST HALF OF TRACT 223, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDmON TO SEAT11.E, DIVISION NO.4, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE(S) 82, IN KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SUB.JECT TO EASEMENTS, COVENANTS, CONDmONS, RESTRICTIONS AND PROVISIONS OF RECORD, IF ANY. The Real Property Dr Ita addresa Is commonly known a8 2308 NE 24th Street, Renton, WA 98056. Tha R_I Property tax ldenhflcatlon number IS 334390 0860 00 • Granlor hereby assigns es Securily 10 Lander. all of Granlor's righl. tltla. and Interest In and 10 aU leases. Rents. and profits of Ihe Property. This IUIslgnment Is recorded In accordance wllh RCW 65.08.070; the ben created by this aaslgnmenlla Intended to be specofio. perlec:led and choate upon Ihe reoordlng 01 Ihls Deed 01 Trusl. Lender grants 10 Granlor a license to collecl lhe Rents and prOfits, wlllch license may be revoked at Lender's option and shall be aulomatlcally reVOked upon acceleration 01 all or part of Ihe Indebledness. 2. DEFINITIONS. The follOWing words shall have the lollowlng meanings when used In this Deed 01 Trust. Twms not otherwise defined In thiS Deed of Trust shall have the meanings attributed. to such terms In the Uniform Commercial Code. All relerences 10 dollar amounts shall mean amounts on lawful money 01 the United Stales 01 AmerIca. Beneftclary, The word ~eneftClary" means BOEING EMPLOYEES' CREDIT UNION. Its successors and assigns. BOEING EMPLOYEES' CREDIT UNION also Is ralarTad to es "Lender"' In Ihls Deed 01 Trust. Credit Agr_ment. The word. ·Credlt A~ent" m_ the revolving credit alll'eement dated: November H. ,_, with a credit IImll In the smount of $100,000.00. between Grantor and L.ender, logelher with all renewals. extensions. modlflcatlons. refinancings, and subslllutions for the Credit Agreement. NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAtNS A VARIABLE INTEREST RATE, Deed o. Tru.l. The words ."Deed o. Trus ... mean thIS Deed of Trust among Grantor. Lender, and Truslee. and Includes ·wlthout IImllal/on aU assignment and security Inleresl provisIons relating to Ihe Personal Property and Renls. Exlatl"g Indebted....... The words "E>cIstlng Indebtedness" mean the Indebledness described below In the Exlsllng Indebtedness secaon 01 Ihls Deed of Trust. Gronlar. The word "Grenlor" means any and all persons and entlhes executing this Deed a. Trust. Including _hout hmllabon AnneHe .B,Damps .and Kaltt} D.Demps. Guarantor. The word "Guarantor" means and Includes Without lIm1tabon any and all guarantors, sureties, and accommodallon parties In connecllon WIth. the Indebtedness. Improvement.. The word "Improvements" means and Includes wlthoul IImllatlon all exlsllng and future Improvements. bUildings. structures. mobile' homes affixed on lhe Real Property. fac1UIIes. addillons. replacamenls and olher conslruc1Jon on the Real Property. Indebledn_. The ·word "Indebtedness" means all principal and Inlerest payable under Ihe Credit Agreemenl and any amounts 'expended or advanced by Lender to discharge obligations 01 Grantor or expenses Incurred by Trustee or L.ender to anlorca obligations 01 Grantor under this Deed 01 Trust. together with Interest on such amounts as provided In tills Deed 01 Trusl. Speclftcally, without IImltallon, thlll Deed of Truat .-urea a revOlvtng line Of CAIdIt, wIth a vartable ral. Of Inter .... which obllgat •• Lender to make adv_ '0 Gnlntor up '0 the credit limit _ lOng .. GronlOf' compile. with ell th. 'anna of the Credit' Agr_ent IWMI the I/ne 0' credit haa nol been termlnalecl, suspended or cancelled. Such adVance. may be made, repaid, end remade trom time to Ume, subject to the limitation that the total outatandlng balance owing at any one lime, not including ft~ charge. on such balance at a fIXed or vartable nde or sum .. provided In the Creellt AlII'eement, any 'emporory overa ..... other charge .. and any _",a exPended ar edv..-cl .. provided In thl. paralll'aph, .... iIIl nOt exceed 'he Creellt Umlt .. provided In the Credit Agreement. It la the Intenllon of Grontor end Lender that this Deed 01 Tru" aecu,..·the balance outalandlng Under tha CredIt Agreement .. om tIme to lime from zero up to the Creel" Umlt as provided above and any Intermediate balance. Funda may be .advanced by Lender, repaid, end aubaequenlly readv..-cl. The unpaid balance Of the revOlvIng line of credit may at certain tlmea be lower than ,he amount shown or _roo A zero beJance d_a no' 'ermlnate ,he line of creelit ot' terminate LandoW'. obligation 10 adv_ce tund. to o..n'CH'. Theretare. the lien 01 Ihla Deed of Trua' will remain In tull tarce and e"-t notwlths'andlng any zero balanCe. Lender. The word "Lender" means BOEING EMPl..OYEES' CREDIT UNION. lis sucCassOfS end aasogns. Personal Property. The words "Personal Propeoty" mean an equipment, fIxt~, and other articles of personal property now or hereafter owned by Grantor. end now or her_Her attached or affIXed to lhe Real Propao1y; together WIth a/l accesSions, parts, and addlhons la, ell replacements of, and ell subslllubons lor. any 01 such property; and logether wllh all Issues and profits thereon and proceeds (Including Without limitation all Insurance proceeds and refunds 01 premiums) from any sale or other dispOSItion 01 the Properly. Propeny, The word "Property" means collectively the Real Property and the Personal Properly. Reel Property. The words "Real Property" mean lhe property. Interesls and nghts described above In the "Conveyance and Gren ... secllon. Related Documenta. The words "Relaled Documents-mean and Inolude wllhout limitation all promlSAory notes, credit agreements, loan agreemenls. enVironmental agreements. guaranbes. secunty agreements. mor1gages. deeds 01 trusl, and all other Instruments, agreements and documents, whelher now or hereafter exlsllng. executed In connecbon with Ihe Indebledness. Rent.. The word "Rents" means all prasent and lutura rants, revenues. Income. lasuaa. royalhes. proftts, and olher beneftts derived from the Property. Trust_. The word "Trustee" means Paclflo NW lllle Company and any subsllluta or successor trustees. ...... 11-23"";1999 Loan No 535 66 0613 DEED OF TRUST (ContInued), Page 3 THIS DEED OF TRUST, INCLuDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (1, PAYMENT OF THE INDEBTEDNESS AND (2' PERFORMANCE OF EACH AGREEMENT AND OBLIGATION OF GRANTOR UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: 3. PAVMENT AND PERFORMANCE. Except as otherwlaa prOvided In this Dead ot Trust, Grantor ahall pay to Lender all amounta aecured by Ihls Deed of Trust as they become due. and shall alrictly and In a timely manner perform all 01 Grantor's obhga',ona under ,he Credit Agreemenl, this Deed 01 Trust, and tha Related Documents. , 4. POSSESSION AND MAINTENANCE OF THE PROPERTY. Granlor agrees lhat Granier's possession and use 01 'he Properly ahall be governed by the following provlalons: Poeaeaelon and UN. Until the occurrence 01 an Event of Default, Granlor may (a) ramaln In pos_slon end conlrol 01 Ihe Properly, (b) use, operate or manage the Property. and (c) collect any Renta from lhe Property (thiS prlvll~a IS a Ucenae from Lender to Granlor automatically revokad upon default). The following provisions relate to the usa of tha Properly or 10 olher limitations on the Property, The Real Properly Is nol used principally .or agnculture or 'armlng purposes. DUty 10 MaIntaIn. Granlor shall maintain Ihe Properly In tenantable condlhon and promptly perform all repelrs, replacementa. and maintenance necessary to p_ Its value. . Hazardoue Subetance.. Tha lerms "haurdoua waste,-"haZardous substance," "dlaposal," "release," and "threatened release.-as used In this Deed of Trusl, shall have Ihe same meanlnga as sel forth In Iha Comprehensive Envlronmantal Response, Compensallon. and UabUlty Act of 1980. as amended. 42 U.S.C. SectIon 9601. at seq. ("CERCLA"), tha Superlund Amendmenta and Reeuthonzatlon Act of 1986, Pub. L. No. 99-499 ("SARA"). the Hazardous .... atenals Transportation Act, 49 U.S.C. SectIon 1801, al seq.; lhe Resource Conservehon and Recovery Act, 42 U.S.C. Secllon 690t, el seq., or other applicable stale or Federal laws, rules, CM' regUlallons adopted pursuanl to any of the 'oregOlng. The lerms "haZardous waste" and "hazardous substance" shall atao Include, wllhout Umltatlon, petroleum and pelroleum by-producta or any fracflon thereof and asbeslos. Grenlor represents and warranta 10 L.ender Ihat: (a) Dunng the period of Granlor's ownership of the Properly, lhere has been no use, generallon, manufacture, storage, Irealment, diSposal, release or t~taned rei_Of any hazardous waste or substance by any person on, under, abouf or from Ihe Property; (b) Granlor has no knowlectge of, or reason 10 believe thai thera has been, except as previously disclosed 10 and acknowledged by Lender In wriUng. (I) any use, generahon, manufacture, s'orage, treatmenl, dlspoeal, release, or threatened release of any hazardous wasle or subatance on, under, aboul or from Ihe Properly by eny prior owners or occupants 01 the Properly or (II) any actuel or Ihrealened lIagaUon or claims of any kind by any person relahng 10 such matters; and (c) Except as previOusly disclosed to and acknowledged by Lander In wriUng, (I) nellher Grantor nor any lena nt, contractor, agent or other authorized user'ol the Properly shell use, generate, manufacture, store, treal, dispose ol,.or release any hazardous waste or substance on, under, about or from the Properly and 01) any such achvlty shall be conducted In compliance wllh all applICable federal, stale, and local laws, ~ulatlons and ordlnancea, Including w~lhout IImltalion Ihose laws, r~ulallons, and ordinances deaonbacl above. Granlor aulhortzas L.ender and Ita agenta to enter upon Ihe Properly to make such Inspections and teSta, at Granier's _pense, as Lender may deem appropriale 10 dalermlne compliance of the Properly wllh this section of the D_d 0' Trusl. Any InspectiOns or tests made by Lender shall be 'or Lender's purposes only and shall not be ccnstrued to create any responsibility or .... blllty on the part 01 Lender to Granlor or 10 any other person. The representaUons and ,warranhes contained herein are basad on Grantor's due diligence In Inveshgatlng the Properly for t\azardoua waste' and hazardous aUbstiances. Grantor hereby (a) releases and waives anY. fufurectalms, .aga!!l5I, ' L.erJder .. for .lode/!'lnlJY,. o~ .. con!r:lbUl!on. ,In .. the 'event GranJQf. b~o.~. !I.!lble for cleanup 'or othor coilts under any.sucti laWS. ancC(b) agrees to IndamnltY and hold harmlisa Lender agaliisl any and all . claims, losses, lIabUltles, damages, penaillas, and expenses which Lander may directly or Indlreclly sustain or suffer rasulllng from a breaeh 01 Ihls section Of the Oeed of Trust or as a conaequence 0' any use, generahon. manufacture, . slorage. disposal, release or Ihreatened rel_ oocurrfng prior to Granter'a ownership CM' Inl_t In the Property, whelher or nol the same was or should have been known to Grantor. The proviSIons of this seehon of Ihe O_d 0' Trusl, IncludIng the obligation 10 Indemnify, shall survive the payment Of the Indebtedness and the satlsfachon and reconveyance of Ihe lien 0' Ihls Deed of Trusl and shall nOI be affecled by Lender's acqulslhon 01 any Interesl In Ihe Properly, whelher by 'oreclosure or olherwlse. NuIsance, Waate. Granlor shall nol cause, conducl or permit any nuisance nor commit, parmll, or suffer any slrlPPing of or waate on or 10 the Property or any portion of tha Property. Wlthouf limiting the generality 01 lhe foregoing, Granlor Will not remove, or grant to any olher parly the right to remove, any flmber, minerals (Including 011 and gas), soli, gravel or rock producls wlthoultha prior written conaent of Lender. Removal 01 Improvement.. Granlor shall nol demolish or remove any Improvements from the Real Property wllhout the proor written consent of Lender. As a condition to the removal 0' any Improvementa, Lender may require Granlor 10 make arrangements salls'actory 10 Lender 10 replace such Improvementa With Improvementa of alleasl equal value. i..ender'_ RIght to Enter. Lender end lis agents and representatlvea may enter upon the Real Properly at all reaaonable limes 10 attend 10 Lender's Inleresls and 10 Inspecl the Property tor purposes 0' Granier's compliance wllh Ihe terms and condillons of thiS Deed of Trusl. Compliance wllh QovemmenleJ Requtrements. Grantor shall promptly eomply, and shall promptly cause compliance by all agenta. tenants or other persons or entlh .... of e~ry nature whatsoe\l8f' who rant, lease or otharwlSe use or occupy the Property In any manner, with all laws, ordinances, and ~utatlons, now or hereafter In effect, 01 all governmenlal aulhonlles applICable to Ihe use or occupancy 0' Ihe Properly. Granlor may contest In good tallh any such law, ordinance, or r~ulabon and withhold compliance dunng any proCeeding, Including appropnate appeals, so long aa Granlor haa notilled Lender In writing prtor 10 doing so and so long as, In Lendar's sole opinion, Lender's Interesls In Iha Properly are nol Jaopardl_d. Lender msy require . Granlor to post adequate seeurlty or a surely bond, reasonably satisfactory 10 Lender, to protect Lender's Inlerest. Duty to Protect. Granlor agrees nerther to abandon nor leave unattended the Properly. Grantor shall do all other acls, 10 addition 10 those acts set forth above In Ihla section, which from the charaoter and use of the Property are reasonably necessery 10 protect and pr_ the Properly. 5. DUE ON SALE -CONSENT BV LENDER. Lender may, al Its option, (a) declare Immediately due and payabla ell sums secured by this Deed of Trusl or (b) Incraaae Ihe Interest rate provided 'or In the Credll Agreemant or other document e\l1denelng Ihe Indebtednesa and Impose such ott-conditions as Lender deema appropnate, upon the sale or tranaler, WIthout Ihe Lender's prior wriHen consent. of all or any part of the Real Properly, or any Inleresl In the Real Proparty. A "sale or transfer" means the conveyance of Real Properly or any right, title or Interesl therein; whelher legal, beneficial or equitable; whath'er voluntary or Involuntary; whelher by outrtght sale, deed, Inatatlmenl sale contract, tand contract, contract lor deed, . leasehold Interest With a lerm·greater than t"'-(3) years, lease-optlon contract, or by aaIe, allSlgnmenl, or Iranaler of any beneflclel Inlerest In or to any land trust holding title to lhe Real Properly, or by any other melhod 01 conveyance of Real Properly ,"Ierest. However, this option shall not be _erclaed by Lender If such exercise IS prohibited by lederal law or by Washlnglon law. 8. TAXES AND LIENS. The followIng provisions relallng 10 Ihe laxes and Hens on the Properly are a part 01 thIS D_d of 11-23-1999 DEED OF TRUST (Continued) Page 4 Loan No 635 .66 0613 Trust. ,Payment. Grantor shall pay when due ·(and In all events prior to dellnquenoy) all taxes. special taxes, assessments, charges (Including water and sewer), lines and Imposlilons levied against or on account of the Properly, and shall pay when due aU claIms for work done on or for servtcas rendered or matanal lurnlshed to the Property. Grantor shall maintain the Properly free of all liens havtng priority over or equal to the tn_. of Lender under this Deed 01 Trust. except lor the Ioen of ta>i8s and _ments not due, except for the existIng Indebtedness referred to balow, and except as otherwise proVIded In this Dead of Trust. Right To Conleat. Grantor may WIthhold payment of any lax. assessment. or claIm In connocllon with a good faIth dlsp ute over the obligation to pay, so long as Lender's Interost In the, Property Is not jeopardized. If a lien arises' or IS filed as a resull of nonpayment. Grantor shall WIthin lIfteen (15) days aner the lien arises or, If a "en Is'liled. withIn fifteen (16) days after Grantor has notJoo of the IIUng. secure the discharge 01 the IlGn. or II requested by Lender. deposIt with Lender cash Of' a sufficient corpOf'ate surety bond Of' ~ security satlstactOf'Y to Lender In an amount sUtllctent to dIscharge the lien plus any costs end attorneys' faes,or other chargeS that could accrue as a result of a foreclosure or sale under the lien. In any contest. Grantor shelt defand Ilsalf end Lender and shall satisfy any edverse Judgment before enlorcement against the Properly. Grantor shall name Lender as an addlilonal obligee under any surety bond furnished , on the contesl proceedings. EVIdence of Payment. Grantor shall upon demand furnish 10 Lender salisfactOf'Y evtdence of payment of the taxes or assessments and shall authorIZe the appropnate governmental oll\clel to deliver to Lender et any lime a written statemenl of the taxes and a .......... ments against the Property. Notice 0' Conelnlcllon. Grantor shaD nollfy Lender at least IIneen (15) days before eny work IS commenced. any sennces are furnIshed. or any materials are supplied to the Property, II any mechanlC's toen, materialman's lien. or other hen, could be asserted on account of the work, sarvtoas, or materials. Grantor wDI upon requesl of Lender furnish to Lender advance assurances sabsfactory to Lender that Grantor can and Will pay the cost 01 such Improvements. 7. PROPERTY DAMAGE INSURANCE. The follOWing provtslons rataHng to Insuring the Property are a part 01 this Deed of Trust., ' Maintenance of Inaurance. Grantor shall procure and maintain policies of lire Insurance WIth standard extended coverage endo ...... ments on a replacement basis for the full Insurable value covering all Improvements on the Real Property In an amounl sufflclant to allold appllcaUon of any oolnsurance clause, and with a standard mortgagee clause In favor of Lender, together with such othM haZard and liability Insurance as Lender may .-aonably require. POlicies shall be written In form, amounts, coverages and basis reasonably acceptable to Lender and tssued by a company or companies reasonably acceptable to Lender. Grantor. upon req..-t 01 Lender, wdl deliver to Lender from lime to lime the pollCl8S or oertIlIca!as of Insurance In form sallsfactory to Lender, Including stlpulabons Ihat coverages WIll not be cancelled or dlrnlrushed without al teasl,ten (10) days' prior wrftton notice 10 Lender. Each Insurance policy also shall Include an endorsement provtdlng thai eOllerage In lallor 01 Lender Win not be Impaored In any way by any act, omissIon or default of Grantor Of' any other person. Should the Real Properly at any Hme become localed In an area designated by the Olrector 01 the Federal Emergency Management AgIGnoy as a Spoclal flood haZard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid pnnelpaJ balance of the loan, up 10 the malUmum policy Ilmiis ,set under the Nallonal Aood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance lor lhe term of the loan. Application of Proceed •• Grantor shall promptly notlly Lender of any loss or damage to IheProperty. Lender may make·proofol'loss',If'Grantor'fIIIls .. to'do 'ISO wtthlri:'lIfteen'(16)·days'of'the,casUalty. ,Whether.'Of"not L.:ender'ssecunty'ls ImpslnJd, Lender may, al Its election, rOO8lve and retain the proceeda of any Insurance and apply the proceeds to the reducUon of the Indebtedness, payment of any lien affocting the Property, or the r.lcrabon and repair of the Property. If Lender elects to apply the proceeds to restorallon and repair, Granlor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Utnder. Lender shall. upon sallsfaotOf'Y proof of such expenditure. payor reimburse Grantor from lhe proceeds for Ihe reasonable cost of repair or rostoratlon If Grantor Is not In default under thIS Oeed 01 Trullt. Any proceeds which have not been disbursed within 180 days aner their recelpl and, which Lender haS not commItted 10 the repair or rostorabon 01 the Property shall be used llrat to pay any amount owing 10 Lender under IhlS Deed of Trust, then 10 pay accrued Interest, and the remainder, If any, shall be applied to the principal balance 01 the Indebtedness. II Lender holds any proceeds after paymenl In lull Of the Indebtedness, SUCh proceeds shall 'be paId WIthout Interest to Granlor as Grantor's Interests may appear. Unexpired Inaura.--at Sale. Any unexpired Insurance Ilha1l'lnura to the benefit of, and paas to, the purchaser of the Property covered by this Oeed of Trust at any trustee's sale Of' other sale hald under the provtslons of this Oeed of Trusl, or at any foreclosure sale 01 such Property. Compll8l1Ce with EXlatlng Indebtedness. During the period In which any existIng Indebtedness descnbed below III In effecl, compliance with the Insurance provtslons contained In the Instrument evtdenclng such ExIsting Indebtedness shan constitute compliance with the Inlluranee provtsioros under this Dead of Trust, to the extent compliance with the terms 01 this Dead of Trust would conahtute a dupllc8t1on of lnilurance requlremenl. If any prooaads fl'om the Insurance become payable on loss, the provtslons In this Deed 01 Trust tor dM"lon of proceeds shall apply only to that portion 01 the proceeds not payable to the holder of the ExIsting Indebtedness. II. EXPENDITURES BY LENDER. If GranlOf' lalls to comply with any provision of this Deed 01 Trusl, Including IIny obligatIon 10 maintain ExIsting Indebtad'-II In good standing as required balow, or II any aellon or proceeding III commenced thai would materially affect Lender's Interests In the Property, Lender on Grantor's behalf may, but shaD not be required to, take any action that Lender deerros appropnate. Any amount that Lender expends In so doing Win bear Intarast at the rate provtded lor In Ihe Cred" Agreement fl'om the data Incurreci or paid by Lender fo the date of repayment by Grsntor. All suoh expen ....... at Lend ..... opHon, win (a) be payable on demand, (b) be added to the balance of the credit Une and be apporlloned among and be payable wllh any Installment payments to become due during eHher (I) the term of any applicable Insurance pOliCY or (d) the remaining lerm of the Credit Agreement, or (c) be treated as a balloon payment which wiD be due and payable at the Credit Agreement's maturity. This Deed Of Trust also Will secure payment of th_ amounts. The rights provtded for In fhls paragraph shall be In addition to any other rights or any remedl .... to which Lender may be entillad on account Of the default. Any such action by Lender shall not be oonstrued as curing the default so as to bar Lender from any remedy that H otherwise would have had. 9. WARRANTY; DEFENSE OF TI'n.E. The lollowlng provtslons ralallng to ownership 01 the Property are a part 01 thIS Dead alTiust. Title. Grantor WArrants that: (a) Grentor holds good and marketable IIlIe 01 record to the Property In _ sImple. free and clear of all liens and encumbrances other than those sel forth In the Real Property deacrlptlon or In the ExlsHng Indebtedness section below or In any IItIe Insurance policy, !ltle report, or llnal Hila OPInion Issued In favor of, and accepted by, Lender In connecHon with this Dead of Trust, and (b) GrantOf' has lhe full righi, power, and authority to execute and deliver this Oeed of Trust to Lender. Defense 01 Title. Subject to the excepUon In fhe paragraph above, Grantor wal'T1lnts and will forever defend the Utie to the Property agwnsttha lawlul claoms of all persons. In lhe avent any action or proceeding hi commenced thaI queshons Grantor's Hila Of' the Inwrest 01 Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's ,expense. Grantor may be the nomInal party In such proceeding, but Lender shall be enDlled to partiCIpate In the 11-23-1999 Loan No 635 66 0613 DEED OF TRUST (Continued) Page 6 proceeding and to be represenled In the proceeding by oounsel of Lender's own choice, and Grantor wIll deliver, or cause to be delivered, to Lender such Instruments as Lender may req.-t ,,"om time to time to perm" such par1lolpahon. Compl ... ce With Laws. Grantor warrants thai lhe Property and Granlor's use of the Property compiles with all axoshng appUcable laws, ordinances, and regulations of gO\lGmmental authorilles. Survival 0' Repre_nlallon and Wsrranlle.. All representallons and warranties contaIned In this Deed 01 Trust shall survive Its execution and delivery. '0. EXISTINO INDEBTeDNeSS. Tho following provisions concerning exlstlng Indebtedness (the "ExIstIng Indebtedness") are a part 01 this Deed of Trust. exlsllng Lien. The lien of Ihls Deed of Trust securing the Indebtedness may be secondary and Infenor to an eXIstIng hen. Grantor exp~sly covenants and ag~ to pay, or 1188 to the payment of, the EXIsting Indebtadness and to prevent any detault on such Indebtedness, any ctetsult undar the Instruments evidencing such Indebtedness, or any dolault under any securtty documants for such Indebtedness. No ,Mocllncellon. Grantor shall nol enler Inlo any agreement wllh Ihe holder of any mortgage. deed 01 trust, or other security agreement which has prtonty over this Deed 01 Trust by which that agreement IS modified, amended, extended, or renewed without ,the prior wntten consent of Lender. Grantor Shall nelt'-request nor accept any future advances under any such securtty agreement without the prtor written consent of Lender. ". CONDeMNATION. The following provlalons relah'ng to condemnaUon proceedlnga are a part of this Deed 01 Trust, Aealgnmenl 0' Proceed.. Grantor hareby assigns to Benellclary all rtght, Utle and ,Interest of Grantor In any award, setUement, sale or purchase. claim for damages (dIrect, Incidental or consequenhal) or any other proceeds due In connection with any condemnation or other taking of all or part 01 the Property or for conveyance ", lieu 01 condemnation, all whether now or herealter ,axtslong (herelnalter referred to as "CondemnaUon"). Application or Net Proceeds. Upon any Condemnahon, Lender may at Its eleCIoon reqUIre that all or any por1lon 01 the net proceeds of tha Condemnation be applied to tho Indebtedness or the repair or restoraUon Of the Property. The net proceeds of Ihe Condemnallon shall mean theamounl alter payment or all reasonable costs. expenses, and aHorneys' tees Incurred by Trustee or Lender In connection with the Condemnation. Proceeding.. If any proceedIng In condemnahon Is filed. Granlor Shall promptly nohly Lender In writing, end Granlor shalt promptly take such steps as may be necessary to defend the acUon and obtain the award. Grantor may be tho nominal party In such proceeding, but Lander shall be enUtled to participate In the proceeding and to be represenled In the proceeding by counsel of lis own choice ali at Grantor's Q)Cp8nse, and Grantor will deliver or cause to be dellvsred to Lender such Instruments as may be requested by It from lime to time to permit such par1lcopaloon. 12. IMPOStTtON OF TAXeS, FEes ANO CHARGes BY OOVERNME!NTAL AUTHORITIES. The tollowlng prOVISIons relalong to governmental taxes. fees and charges are a part of this Deed of Trust: Current TaxN, F_s and charges. Upon request by Lender, Grantor shall execute auch documents In addItion to Ihls Deed of Trust and take Whatever other action Is requested by Lender to perIecI and contInue Lender's lien on the Real Property. Grantor Shall reimburse Lender for all taxes, as clescnbed below, together with ali expenses Incurred In recordIng. perfecting or continuing this Deed of Trust, Including without hmltatlon all taxes, fees, documentary stamps, and olher Charges lor recording or reglstertng this Deed, of Trust. Taxe.. The lollowlng Shall constitute taxes to which this section applies: (a) a specrflc,tax upon thIS type of Deed of Trust or upon all Of' any part Of the Indebtedness secured by Ihls Deed of Trusl; (b) a specific tax on Grantor whICh Grantor ,Is authortzed ,C!r,requ'red .. lo dedl.!ct frl:)m.paYI1!"nl!l,onJ~."II1~~tac1r!Of1S,~urer;!. by,t.l)tsJype oLDtM.c:I 01 Trust: (c) a' tax on thIS type' of 'Deed of 'Trust Ch8rQeab1lli agalnsfthe Lender or'tlie holder of the credll Agreement: and (d) a SpeclftC tax on all or any portion of the Indebtedness or on payments of principal and Intereat made by Grantor. Sub_uen' Taxe.. If any tax to whtCh this section applies Is enacted subsequent to Ihe date of this D .... d 01 Trust. Ihls evenl shall have the same efloct as an Event Of Oefault (as deflned balow), and Lender may exerCIse any or all of ItS available remedies lor an Event 01 Default as provtded below unloss Grantor either (a) pays the tax before It becomes delinquent, or (b) contests the tax as provldad above In Ihe Taxes and Wans seeloon and depOSIts with Lender cash or a sufficient corporate surety bond or other secunty satlstactorv to Lender. 13. SECURITY AGReeMENT; FINANCING STATEMeNTS. The following proVIsions relatIng to thIS D .... d 01 Trust as a securtty agreement are a part of this Deed 01 Truat. security Agr_ment. This Instrument shall constitute a 6ecUrity agreement to the extent any 01 the Property conslltules fixtures or olher personal property. and Lendor shall have all 01 the rtghts of a secured party under tho Unllorm CommerCIal Coda as amended from hme to lime. securtty tntereat. Upon request by Lender, Grantor shall execute financing stataments and take Whatever other acllon IS requesled by Lender to perteet and contInue Lender's security Intarost In the Rents and Personal Property. In addlbon to recordong this Deed of Trust In the real property recOf'ds. Lender may. at any Ume and without further authonzallon from Grantor, file executed counlerparts, copies or raproducUons 01 this Deed of Trust as a financing statement. Grantor shall reImburse Lender for all expenses Incurred In perfectIng or continuing this secunty Interest. Upon default. Grantor shall assemble the PerSonal Property In a manner and at a place reasonably convenient to Grantor and Lender and make II avaIlable to' Lender within three (3) days atter receipt of written demand from l.ender. Addresaes. The mailing ,add~ses of Granlor (debtor) and Lender (secured party), from whIch Informallon, concerning the seCurity Inlerest granled by thIS Deed of Trust may be obtained (each as reqUired by the Unolorm Commercial Code), are as statad on the IIrst page 01 this Deed 01 Trust. '4. FURTHER ASSURANCES; ATTORNEY-IN-f'ACT. The following provtslons relellng 10 further assurances and allorney-tn-fact are a part of this Deed of Trust. Further Aasurance •• ,At any hme, and trom Ume to time, upon request of Lender, Grantor WIlt make. execute end deliver, or win cause to be made, execuled or delivered, to Lender or to Lender's designee, and whon requested by Lender, cause 10 be flied, recorded, reflled. or rerecorded. as the case may be, at SUCh Umos and In such Offices and ptaces as Lender may deem appropriate, any and aH such mortgages, deeda or trusl, security deeds, secunty IIgreemenls. ftnanclng ststements, ,conUnuahon ststoments, Instrumenls of further assurance, oortollcates, and olher documents as may, In the sole opinion of Lender. be .-ry or desirable In order to effectuale, complete. perlecl, continue. or preserve (a) the obllgaUons ,of Grantor under the Cntdll Agreement. thIS Oeed 01 Trusl. and the Related Documents. and (b) the Hens and securtty tnteresta created by this Deed 01 Trust on the Property. whether now owned or hereafter ecqulred bY,Granlor. Unless prohibIted by law or agreed 10 the contrary by Lender In wrlhng, Grantor shall reImburse Lender for all costs and expenses Incurred In connection with the malters referred to In this paragraph. Attorney .... ~ect. If Grantor falls to do any 01 the things referred 10 In the preceding paragraph. Lender may do so for and In the name of Granlor and at Grantor's Q)Cp8nse. For such purposes, Grantor hereby Irrevocably appOints Lender as Granlor's attorneY-in-faci for the purpose of making. exacuUng. dellvertng. filing, recording, and dOIng all other thIngs as may be necessary or desirable. In Lendor's sole oplnoon, 10 accomplish the malters referred 10 In the precedIng peragraph. en en cr. / 11-23-1999 Loan No 535 66 0613 DEED OF TRUST (Continued) Pege 6 16. F\LL PERFORMANCE. If Grantor pays a11lhe Indebtedness when due. '-mlnates Ihe cwd .. line aooount, and otherwise performs all the obllgallons Imposed upon Grantor under this Deed 01 Trust. Lender shall _acute and delIVer to Trustee a request for full reconveyance and shall exeCute and del_ to Grantor suitable stataments of termInation of any financing statament on file evidencing Lender's security Interest In the Rents and tha Personal Proparty. Any recorweyance f .... shall be paid by Grantor. " permItted by applicable law. The granlee In any reconveyanoe may be descnbed as Iha "Person or persons legally enbUed thereto·. and Iha recitals In Iha reconvevance of any mallars or facls shall be concluslve proof of tha Iruthfulness Of any such matters or facts. ' 111., DEFAULT. Each of the following, altha ophon 01 Lender, shall constitute an evenl of dafault ("Event of Default") under , this Deed of Trust: (a) Grantor commits fraud or makes a maler1a1 mlsrep~ntaUon al any Ume In connection with the CredIt Agreement. ,This can Include. fOf' __ rnple. a false statement about Granlor's Income, a_ts, liabilities. Of' any other aspects of Granlor's financial condition. (b) GrantOf' does not meet tha repayment '-rna 01 the Credit Agreement. (c) Grantor's acHon Of' Inaction adversely affects the collateral for Ihe CnJdlt Agreement or Lender's rights In the collateral. This can InClude, for example. failure to maintain required Insurance. waste or destructive ~ Of the dwelling. 'failure to pay taxes, dealh Of all peraons hable on the account, translar 01 UIIa or sale OIlhe dwelUng, creatl,on 01 a lien on lhe dwelling without our permIssIon. !Of'eclosure by lhe holder 01 another lien. or the ~ 01 funds or the dWaillng !Of' prOhibited purposes. 17. RtGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any bme theraafteo', Trustee or Landar. al lis option. may exercise anyone or more of the following rights and remedies, In addition to any other rights or remadles prOVIded by law: Aceel •• I. tnd.bIOdneaa. Lender shall have the right at Its option to declara the anbre Indebtedness Immediately due and payable. Including any prepayment penalty which Grantor would be required to pay. Foreclo ... '.. WIth respect to all or any part of Ihe Real Property. the Trustee shell have Ihe right 10 __ rClae Its power of sale and 10 foreclose by notice and sale, and Lender shall have the right to foreclose by Judicial foreclosure. In ellher case In accordance with and to the full extent provided by applicable law. UCC Romocll ••• Wllh respect 10 all or any part of the Personal Property, Lender shall have all the nghts and remedies of ,a secured party under lhe UnHorm Commercial Code. Collect Ron'a. Lender shall have the rlghl. without notICe to Granlor. to lake possession 01 and manage the Property and collect tho Rants. Including amounts past due and unpaid, and apply the net proceeds. over and above Lender's costs, against tha tndebtedness. In lurtherance of this right. Lender may require any tenant or other user 01 the Proparty to make payments of rent or ~ f_ dlraoUy 10 Lender. II the Rants are collected by Lend ..... then Grantor trrevocably desagnates Lender as Grantor's attorney-In-fact to endorse Instruments received In paymenl thareof In the name 01 Grantor and to negollate the same and COllect the procaada. Payments by tenants or other users to Lender In response to Lender's damand shall sattsfy the obllgallons for which the payments ara made, whather or not any proper grounds for lhe demand axtsted. Lender may ~Iae Its rights und .... this subparagraph either In person. by agent, or through a nt08IVUf. Appoint R_tver. Lender shall have the rlghl to have a receiver appointed to lake posseSSIon of all or any pert of the Property, with the power to prolect and preserve the PrOperty, 10 operate the Property preceding or pending foreclosure or sale. and 10 collecl the Rents from tha Property and apply the prooeads. over and above the cost 01 tha receivershIP. agalnsl the Indebtedness. The receiver may serve without bond It permitted by law. Lender's right to the appOintment 01 a recalver shelt exist whether or not the apparent value 01 the Property mcoeada the IndebtedneSs by a aubstanllal amounl. Employ,,,,eflt bY I,,~mder S~II not d~qL!I~lIfy!! Pars0r'! fn?~~ng as "receiver, Ten_cY at s~Ce. ' I"G~~ior'rema:iM i~p~C;n Of ihGProP8rlY a~iha P~ is sOlei as pro~ abOve or Lender oth_1ae becomes entitled to possession of the Property upon default of Grantor, Grantor shaD become a tenant , at sulfarance of Lender or the purchaser Of the Property and shall, at Lender's oplton, 81ther (a) pay a reasonable rental for the use of the Property. or (b) vacate the Property Immedlatety upon the demand 01 Lender. Olh. Remedies. Trusl_ or Lender shall have any other rig hi or remedy proVldad In this Deed 01 Trust or tha CredIt Agr_menl or by law. , NotIce 01 Sale. Lender shall give Grantor reasonable notice of the lime and place of any public sale 01 the Peraonal' ,Property or 01 the tJme altar which any prtvata sale cir other Intended disposition of the Personal Property 'Is to be made. Reasonable nollce shall mean notice given at least ten (10) days befora the time of the sale or disposition. Any sale of Personal Property may be made In conjunction with any sale of the Real Property. Sale Of the ProperlY. To the extent permlHed by appllcabla law, Grantor hereby waives any and all rtghts to have Ihe Property marshalled. In exerciSing Its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately. In one sale or by separate salas. Lender shaP be enUllad to bid at any public sale on all or any porl1on Of the Property. Waiver; Election or ~les. A waIver by any party of a breach 01 • prOVISIon of this Dead 01 Trust shall nol constitute a waiver 01 or prejudice tha party's rights otherwise to demand strict comptlance WIth that prOVIsion or any other provision. Elecllon by Lender to pursue any remedy provided In thla Deed of Trusl, tha Credit Agreemenl, In any Related Document, or provided by law shall not axcfude pursuit of any other remedy, and an election to make expendlturas or 10 take action to perform an obllgalton 01 Grantor under thts Dead 01 Trust afteo' failure 01 Grantor to perlorm shall not affect Lender's right to declare a,default and to ~se any 01 Its remedlOS. Attorneys' F_; ElCpa ...... If Lender'lnstltutes any suit or action to enforce any Of the terms of this Deed of Trust, Lender shall be enUtled to reccver such sum as the court may adjudge rea_nable as attorneys' fees at Inat and on any appeal. Whather or nol any court acIiIon Is Involved. all reasonable axpenaaa Incurred by Lender which In Lender's opInion ara necessary at any time for the protection 01 Its, Interest or the enfOf'camenl of Its rights shaD become a part of Ihe Indabtedness payable on demand and shall beer Interest at the Credit Agreement rate from the date of expendIture unbl repaid. Expe..-covered by this paragraph Include, wllhout Dmltatlon. howavar subject to any IImlts under applICable law, Lender's attorneys' fees whether Of' not there Is a lawsuit, IncludIng attOf'neys' f_ 'Of' bankruptcy proceadlngs (Including eflOtts to modlty or vacate any autQfn8Uc stay or InjuncUon), appeals and any antICIpated posl-judgment coitecUon aervlcea, the cost Of ~hlng records. obtaining title reports (Including foreclosure reports). surveyons' reports, appraisal fees, tlUe Insurance. and fees for the Trustee. to the extent permlHed by applIcable law. Granlor aIao will pay any, court 00618. In addlUon to all other sums provided by law. Rights 01 Truat_. Trustee shall have aP of the nghts and dulles of Lender as set forth In Ihls seellon. 1.. POWeRS AND ,oBUGATIONS OF TRUSTee. The followtng provisions relating to Ihe powers and obligations of Truslea (pursuant to Lender's Instructions) are part oflhlll Deed of Trust. , Power. of Truatee. In addlllon to aU pow .... 01 Trustee ar1slng as a mailer of law. Trustee shall have the power 10 take the following aoUons with respact to the Property upon the written request of Lender and Grantor: (a) Join In preparing and filing a map or plat of the Real Property. Including tha dedication 01 streals or other rights to the public; (b) Join In granUng any easemenl or creaUng any r_trtctIon on the Real Property; and (0) Join In any subordination 'or olher agreement alleotlng this Deed of Trust or the Interest 01 Lender under thIS Deed of Trust. Obligation. 10 NotHy. Trustee anail not be obligated to notify any ot~ party of a pending sale under any other trust deed or lien, Of' of any acUon or proceeding In which Grantor, Lender. Of' Trustee shall be a party. unless reqUIred by 11-23-1999 Loan No 535 66 0613 DEED OF TRUST (ConUnued) apphcable law, or unless Ihe acllon or prooeedmg Is brought by Trustee. Page 7 Tru.tee., Truslee shall meet all qualillcatlons requIred lor Truslee under applicable law. In addlbon 10 the rights and remedies set lorth above, with respect to all or any part or the Pr,operty, the Trustee shall have the rlghl to loreclose by noboe and sale, and Lender shan have the righl to foreclose by judlclalloreclosure, In ellher case In accordance Wllh and 10 the lull exten dad by applicable law. Successor T t_, Lender, at Lender's opllon, may from lime to time appoint a successor Trustee to any Trustee appointed here n4ar by an Instrument executed and acknowledged by Lender and recorded In the office 01 Ihe recorder or Kong County Washington. The Instrument shall contaIn, In addition to all ot'-maHers required by state law, the names 01 the 0 nBl Lendar, Trustee, and Grantor, the book and page or the AudItor's File Number where this Deed 01 Trust IS recorded, and the name and addrusa 01 the sUoOesaor trustee, and the Instrument shell be executed and acknowledged by Lender or lis successors In Interest. The successor trustee, without conveyance or the Property. shall suoceed to all tfle litle, power, and duties conferred upon the Trustee In thIS Deed of Trust and by applocable law. ThIS procedure for subsUtullon, of trustee shall govern to the exclusion or all other proYiSIOns for subst"utJon. 19. NOTICES TO GRANTOR AND OTHER PARTIES. Subjeclto applicable taw; and excepl for notice required or allowed by law to be given In another manner, any nollce under this Deed of Trust shall be In wrtllng, may be sent by laIelacslmlle (unless otherwise reqUired by law), and shall be effective when actUally dellwred, or when deposlled with a naloonBlly recognlmd overnight couner, or, If maUed, shall be deemed effeCtIve when deposited /n the United States mall ftnst class, certlfted or registered mall, postaga prepaid, directed to the addresses .hown near the beginning of this Deed of Trust. Any party may Change Its address lOr nolo088 under this Deed of Trust by gllling formal wrtHen noboe to the olher partoes. speclfymg that the purpose of the noloca Is to Ohange the party's address. All ooples of noUces of forectosure from the holder 01 any hen which has priortty over this Ceed 01 Trust shall be senl to Lender's addresll, as shown near the beginnIng 01 IhlS Dued or Trust. For notice purposes, Granlor agr_ to keep Lender and Trustee Informed al all times of Grantor's current address. 20. FuilAL AGREEMENT. Oral agreements or oral oommltments to loan money, extend crad" or to lorbear from enlorclng repayment of a debt are not enforceable. ThIS Security Instrument replaces aU prior, contemporaneous or subsequent oral agreements or understandIngs, II any, between the parties. ThIS IS the final and complete expressIon 0' all terms 0' this Deed 0' Trust and there are no other terms. II you access your Credit Une by a daYlce covered by another sgreemen' (lor example, agreements and dIsclosures concerning electronic IUnds lranafers), those other agreements shall atso epply. 21. MISCELLANEOUS PROVISIONS. The lollowlng mIscellaneous prOVIsions are a part o. thIS Ceed 0' Trust: Amendmen'lI. This Dead of Trust, logether with any Related Documents, conslltutes the enllre understandmg and agreement o. Ihe partIes as to the mailers set lorth In this Deed o. Trust. No alteratIon 0' or llmendment to thIS Deed 01 Trust shall ba eHlIOlive unless given In wrllong' and signed by the party or parties sought to be charged or bound by the allerabon or amendment. ' Applicable 'Law. Thill Deed or Trust hall been delivered to Lender and accepted by Lender In the Stllte 01 Washington. This Deed or Trust shall be governed by and conatrued In accordance with the 1_. or the Stata of Washington. ' Cop.lon Headings. Caption headings In this Deed of Trust are lor convenIence purposes only and are not to be used 10 Interpret or define the proYislons 0' thIS Deed of Trust. , Merger. There shBll be no m'ergar of tho IntereSt ,or estate created by thIS Deed of Trust WIth any other Inlerest or estate 10 the Property at anY tll1"8 h~ld !;Iy or for t,hl' b.l!Jnillit Qf L""d~r In any "1IPII,<;:lty, without the wntt~n consilnt 01 Lilnqer. Multlpte Parties. All obhgallons 0' Grantor undar this Deed of TrUst shall' be 100nt and several, and ali re'erenceS \0 Grantor shan mean each and every Grantor. This means that each 01 the persons signing below IS responSIble for alt obhgahons In this Deed of Trust. Severability. If a court of competent junsd,ct,on finds any proYision 01 thIS Dued 0' Trust \0 be mvalld or unenlorceable as to any person or Circumstance, such findIng shall not render thai proYlslcn InvalId or unanlorceable as to any other persons or circumstances. If feasIble, any such offendIng provision IIhali be deemed to be modllled to be withIn the hmlls 01 enlorceablilly or valIdIty; however, " Ihe offendIng proYislon cannot be so mod/hed, It shall be slncken and all other prOVIsiOns 01 thIS Deed of Trust In all other,respects shall remain valid and enforceable. Successors and Aaalgns. Subject to the limItations stated In thIS Deed 01 Trust on Iransfer 01 Grantor's Interest, thIS Deed 0' Trust shall be binding upon and Inure to .he benellt of the parties, their successors and assIgns. If ownershIp 01 the Property becomes vested In a person other than Grantor, Lender, without nollce to Grantor, mey deal with Granlor's successors WIth reference to this Deed of Trust and the Indebtedness by way 0' torbearance or extensIon WIthout releaSIng Grantor from Ihe oblogaloons 01 thIS Deed 01 Trust or IlabU11y under the Indebledness. Time Is of the Essence. TIme IS ollha essence In the performance ot thIS Deed 01 Trust. Waivers and Conaantll. Lender shall nol be deemed to have waived any rights under this Deed 01 Trust (or under the Related DoCuments) unless such waIver IS In wnUng and signed by Lender. No deley or omiSSIon on the part 01 Lender In exerclsmg any right shall operate as S waIver DI such nght or any other right. A waiver by any perty 01 a prOVISion 01 Ihls Deed of Trust shall not conslltute a waiver 01 cr prejudIce Ihe party's nght otherwise to demand stnel comphance WIth that prOVIsion or any other prOVISIon. No prior walver by Lendar, nor any course 01 dealing between Lender end Granlor, shell conshtute a waiver 01 any o. Lender's rights or any 0' Grantor's obligations as to any future transactlcns. Whenever consent by Lender ts required In thIS Deed 01 Trust, the granllng of such consent by L.ender 10 any Instance shall not constitute conhnulng consent to subsequantlnstances where such consent Is reqUired. Waiver Of Homes.ead exemption. Grantor hereby releases and waives all rights and benefits 01 the homestead exemphon laws ot the,S1ate of Washington as to all Indebtedness secured by thIS Deed of Trust. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: x 0... '-X~~~~Oft~~ ______________________ _ Annette a Demps / 11-23-1999 Loan No 535 66 0613 ., DEED OF TRUST (ConUnued) , ~I ,INDIVIDUAL ACKNOWLEDGMENT .T'~""/~& : C---:-:".L.SEAL ) sa ' '''):rret.EQ(Y COUNTY OF ' •. ;:.01 .......... .. ::'., [.pI ... 7·7~ Page 8 On this day before me, the undersigned Notary Pubhc, personally appeared· Annette B Demps and Keith D Demps, personally known to me or proved to me on the basis of saUsfactory evidence· to be the IndiVIduals described In and whO executed the Deed of Trust, and acknowledged lhat they signed lhe Deed of TNSt as ,heir free and VoIuh act and deed, for 'he uses and purposes therein mentioned, . ~ ~ ~~v~re~ my hand and orne ... seat .... , c:;.?.:E! day or &'IlLitf/..u ~ , Realdlno-;a-b~~u . Notary Pu My commlsaton exptres ? -7 -c?@~ REQUEST FOR FULL RECONVEYANCE To: , Truslae The undersigned IS Ihe legal owner and holder of aIllndebtednees secured by this Deed of Trust, You are hereby requested, upon payment of all sums owing to you, to reconvey wHhout warranty, to the persons entitled therelo, the right, title and Interest now held by you under the D_d 01 Trust. Oate' ____________________________________ __ aeneftclary: ____________________________________ __ By:------------------------------Ita: LASER PRO. Reg us Pa' &. T.M.Otf.,Ver.3.24(c.)'809CFIPrcSeNlCea.lnc. Al1rlghtaro • .,...,ed IWA-GO' VG81a'S.LN1.13 OVLJ WHEN RECORDED RETURN TO D"emg Employees Credit Umon POBox 97050 Seattle,WA 98124-9750 Attn. Laura Porras Loan Adm~n -SCS "' ...... . 111111""'111 BiL"RRC..l'..SU8 II ••• ~f~a,; SSia7 c Y, 1M ' o~ 10 7 "55t.-t SUBORDINATION AGREEMENT Loan #535-66-0613-52 NOTICE THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY IN'EREST IN TH& PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY TIIAN THE LIEN OF SOME OTHER OR LATER SECURI rv INSTRUMENT The underSigned subordmator and owner agrees as follows Boemg Employees' Credit Unton ,referred to herein as "subordmator", IS the owner and holder of a mortgage dated November 23, 1999 whIch IS recorded In volume --------of Mortgages, page ---------, under auditor's file No 19991201000408 records ofKmg County 2 Washington Federal Savmgs referred to herem as "lender" IS the owner and holder of the mortgage dated 12/22/00 ,executedbyKeith ,D. & Annette B. Dem~hlchlsrecordedmvolume---of Mortgages, page ----, under auditor's file no ~ , records of Kmg County) (which IS 10 be recorded concurrently herewith) -:2 ~ I 2..2-"8~ I I c:z. 0 3 Annette B Demps and Keith D Demps referred to herem as "owner", IS the owner of 0111 the real property descT1bed m the mortgage Identtfied above m Paragraph 2 4 In conSIderation of 'benefits to "subordmator" from "owner", receIpt and suffiCIency of whIch IS hereby acknowledged, and to mduce "lender" to advance funds under Its mortgage and all agreements m CorUleclJon therewIth, the "subordinator" does hereby uncondItionally subordinate the hen of h,s mortgage Identified m Paragraph 1 above to the ben of "lender's" mortgage, IdentLfied In Paragraph 2 above, and all advances or charges made or accruing thereunder, mcludlng any extensIon or renewal thereof 5 "Subordinator" acknoWledges thai, prior to the execution hereof, he has ha-d the opptiinmitY to examine the terms of "lender's" mortgage, note, and agreements relatIng thereto, consents to and approves same, and recognIzes that "lender" has no obligation to "subordmator" to advan<-e any fund'! undcl It~ mortgage OJ sec to the ,application of "lender's" mortgage funds, and any apphcatlon or usc of such fund!. for purposes 0 her than those prOVided for In such mortgage, note, or agreements shall not defeat the subordinatIon herein made In whole or In part 6 It IS understood by the parhes hereto that "lender" would not make the loan secured by the mortgage III Paragraph 2 without thiS agreement 7 ThIs agreement shall be the whole and only agreement between the parties hereto With regard to the < subordinatIon of the lien or charge of the mortgage first above mentioned to the hen or chal ge of the mortgage In favor'of "lender" above referred to and shall supersede and cancel any prior agreements 0& to such, or any, subordmatlon mcludmg, but not bmlted to, those prOVISIons, If any, contained In the mortgage first above mentIoned, whIch prOVIde for the subordmatlon of the hen or charge thereot to a mortgage or mortgages to be thereafter executed R The heir'., adminIstrators, assigns. and succeSSOrs m mterest of the "subordinator" shall be bound by thIS agreement Where the word "mortgage" appears herein 11 shall be conSIdered as "deed of tnlsl", and gender and numbel" of pronouns conSidered to con£orm to underSIgned Executed thiS 26th day of' December 2000 NOTICE THIS SUBORDiNATION AGREEMENT CONTAINS A PROVISION ,WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECUruTY TO OBTAIN A LOAN A PORTION OF WHICH MAYBE EXPENDED FOR OTI-lBR PURPOSES TItAN IMPROVEMENT OF THE LAND IT IS RECOMMENDED THAT, PRiOR TO THE EXECUTION OF TI-lIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO Boe~ng Kmpl oyccs' Cred 1 L Un.LCln ~~ BbCU 111:9212000 Loan Adm1n1strat10n Manager c: • ... , j ... ~ STATEvF WASHINGTON CuUNTY OF KING I certify that I know or have satisfactory eVidence thai IS the perSOll who appeared before me, and "aid person acknowledged that signed thIS mst~ment and acknowledged It 10 be free and voluntary .. ct for the uses and purposes mentioned m the.msti-llment DATED STATE OF WASHINGTON COUNTY OF KING Notary Public My appomtrnent expires I certIfy that I know or have satisfactory eVidence that LUCia Robmson IS the person who appeared before me, and said person acknowledged that she Signed thiS mstrument and on oatb staled that she was authOrized to execute the Instrument and acknowledged It as Loan Admlllistratlon Manager of Boeing Employees' Credit Unton to be the free and voluntairy act of such party for the uses and purposes mentioned In the Instrument. DATED December 26, 2000 aBeu Ill) 2JlOOO KAY M SKARE STATE OF WASI:UN(;TON NOTARY -_e_ PUBLIC \tv cO .... 'SSIOI DPlAU 12-02-03 No:t1it'~J ~'--~\uwv \B--D.9 03 My appomtrnent expIres Return to WASHINGTON FEDERAL SA VJNGS Downtown Seattle Omce 425 Pike Street Seattle W A 98101 Attn 111111"11111 1 13 17 M=:mJc.r DT 17 •• K UN V, \.IA _______________ [Spac:o Above """a Lano For Roc:onh ... Datal 060 200 238798.7 DEED OF TRUST THIS DEED OF TRUST ("Secunty Instrument") IS made on December 22ndl 2000 The grantor 1'1 KEITH D DEMPS AND ANNETTE B DEMPS, HUSBAND AND WIFE = ______ .".';"";~====_;_:;::_:==,._;:"""""==_--------------(" Borrower"/Gruntor) . Tho trustee IS OLD REPUBLIC TITLE LTD C "Trustee "IGrantee) The benefiCIary IS Washington Federal Savings, whlcb IS organized and elnsbilg under the law'! of The Uruted States of Arnonca, and who'le addre'lS IS ___________ _ 425 PIke Street, Seattle. WashlnBton 98101 ("Lender"/Grantee) Borrower owes Lender the pnnc"pal sum of :-:==.,-;===",... _________ _ FOUR HUNDRED THIRTEEN THOUSAND FIVE HUNDRED AND NO/IOOS Dollars (U S $413,500.00 ) •. ThIs debl IS eVIdenced by Borrower's nOle daled the same dale as tlus Secunty Instrument ("Note"), whIch proVldes for monthly payments. WIth the fuJI debt, If not paId carher, due and payable on January 1st, 2031 ThIs Secunry Instrument secures to =Le..::::nd=::e=r=(~a~)=.th:"e'-=r;:;e::;pa..:...y-m-e-n-t-o-f~th:-e-d-:-e-:b:-t-o-v-I~de-nc-cd-:-:-b-y-:-:th:-e--:N:-:-o-:t-e-, -w-Ith IDlerost, and all renewals, extensIOns, and moddicahons, (b) the payment of all other sums. WIth Interest, advanced under paragraph 7 to protect the sacunty of trus Secunty Instrument, and (c) the performance of Borrower'S covenants and agreements under tlus Secunty Instrument and the Note For Clus purpose, Borrower urevocably 'grants and conveys to Trustee, In trust, WIth power of sale, the foUoWII18 dcs(.nbed property located In Ki,. . County, Waslungton THE EAST HALF OF TRACT(S) 223, C.D. HII.LMAN'S LAKE WASHINGTO~ GARDEN OF EDEN ADDITION TO SEATTLE DIVISION NO 4, ACCORDING TO TH~ PLAT rHEREOJo RECORDED IN VOI.UME I I OF PLATS, PAGE(S) IU, RECORDS OF KING COUNTY, WASHINGTON S\TUATE IN 'THE COUNTY 0)0' KING, STATE OF WASHINGTON. OLD R~PUBLIC TITLE, LTD~7/551.r IV 171/ Assessor's Property Tax Parcel Account Nwnber(s)t3=3"'43=900=:.:8;:;60=00= ________________ _ wluch has the addreBs of Waslungton 98056 IZIP Cod,,! 2308 NE 24TH ST ISlreetl ("Property Address"). RENTON ICllyl TOGETHER WITH all the Improvements now or hereafter crC(..tcd on the property, and all easements, nghts, appurtenances. rents, royalttes. Dluleral. od and gas nghts and profits, water nght~ and stock and all fixtures now or horeafter a part of the property All replacements and addItIOns shall also. be covered by tlus Seeunty In .. nrument All of the foregoltlg IS referred 10 In tlu'l Secunty Instrument as the ·Property " BORROWER COVENANTS lhat Borrower 1'1 lawfully .. elscd of the e~tate herehy conveyed and ha'l the nsht to grant and convey the property and that the Property IS ul1i>ncurnbered, except for encumbrances of record Borrower warrants and WIll defend generally the rltle to the Property agallL'lt all claIms and demands, subject to any encumhranceR of record WA.SHINGTON-S,ngl .. Famllv • Fanm .. Ma.,(Fredd.e Ma4 UNIFORM INSTRUMENT (PaRe J (1/7) Burrower I In,t.... /C-!:J ~ I.057A·T (WA) 02(16100 THIS SECURITY INSTRUMENT combines uruform covenants for national use and non-umform covenanis Wllh hiruled vanatlons by JUCIsdlcbon 10 constitute a umform secunty IDstnlment covering real property UNIFORM COVENANTS Borrower and Leader covenant and agree as follows I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the pnnclpal of and" Interest on the debt eV1(lcnced by the Note and any prepayment and lale charges due under the Nole 2. Funds for Taxes aad InSurance. Subject to appbcable law or to a wntton WAIver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, unhl the Note IS paid tn full, a sum ("Funds") for <a> yearly taXC8 and assessments wluch may attam pnonty over this Secunty Instrument as a hen on the Property, (b) yearly leasehold payments or ground rents on the Property, If any, (c) yearly hazard or property Insurance premiUms, (d) yearly flood lI1Surance premiUms, If any. (e) yearly mortgage Insurance preuuums, If any, and (f) any sums payable by BOTTOwer to Lender, In accordance With the proVIsIons of paragraph 8, ID beu of the payment of mortgage lDsurance premiums These Itemil are called "Escrow Items" Lender may, at any tllne, collect and hold Funds In an amount not to exceed the maximum amount a lender for a federally related mortgage loan may requIre for Borrower's escro"" accounl under Ihe federal Real Estate Settlement Procedures Act of 1974 as amended horn tnne to hme, 12 USC Section 2601 et seq ("RESPA"). unless another law lhal appbes to tho Funds sets a les'ler amount If so, Lender may, at any"hme, collect and hold Funds In an amount not to exceed the lesser amount Lender may estimate the amount of Funds due on the basiS of currenl data and re"asonable estimates of expendItures" of future Escrow Items or otherwISe In accordance With apphcable law The Funds shall be held an an In.,tllutlon whose depoSits are Insured by a federal agency. mslrumentshty, or entaty (mcludmg Lender. If Lender IS such an lDstltullon) or an any Federal Home Loan Bank Lender shall apply" the Funds to pay the Escrow Items Lender may not charge Borrower for holdmg and applying the Funds, anoually analYZIng the .... c.row ac(..Ounl. or v .. nfylDg tbe Escrow Iterns, unless Lender pays Borrower Interest "on the Funds and applicable law pennlts Lender to make such a charge However. Lender may" require Borrower to pay a one-bane c.harge for an Independent real estate tax reporting sorvlce used by Lender an connec.hon With tlus loan, unlCS'l apphcable law prOVides otherwISe Borrower and Lend .. r may agree an wnttng, however, that Inter .. st shall be paid on th .. Funds Unle'l'l an agreement I' inade or applicable law requlrcs Inlere .. t to be paid. Lender shall not he required to pay Borrower any Interest or eanungs on ~ Funds Lender shall Sive to Borrower, Without charge, an annual BCCOUDtlns of the Funds sbowmg Credits and debits to the Funds and the purpose for ""luch each debit to the Funds was made "The Funds are pledged as addlttonal secunty for al\ sums secured by this:Securitj "I1mtrument' If the Funds held by Lender exc""" the amounts pcnnltted 10 be held by apphcable la"". Lender shall account to Borrower for the excess FundS m"accordarn.e With the requirements of appbcable law If tho amounl of the Funds held by Lender al any lIme IS nol suffiCIent 10 pay the Escrow Items when due, Lender may so notify Borrower m wntlng. and. lD such case Borrower shall pay to Lender the amount necessary to make up the defiCiency Borrower lihall make up Ihe defiCiency an no mar .. than twelv6 monthly payments. al Lend .. r·s sole dlscrellon Upon payment an full of all sums secured by t1us Secunty Instrument, Lender shall promptly refund to Borrower any Funds held by Lender If under paragraph 21, Lender shall acqwre or seU the Property, Lender, pnor to the acqwsltlon or sale of tbe Property. sball apply any Funds held by Lender al the tune of aeqwsltlon or sale as a credit agaInst the sums secured by dus Secunty Instnunent 3. Application or Payments. Unless apphcable law prOVIdes olherwu;e. all payme"nts received by Lender under paragraphs 1 and 2 shall be apphed. first, 10 any prepayment charges due under the Note: second, to amounts payable under paragraph 2, third, 10 Interest due, fourth. to pnnctpal due, and last, to any late charges due und .. r the Note 4 Charges; Liens. Borrower shall pay all taxes, assessments, charges. fines and lmpoSltlOns attnbutable to tho Property wbtch may attam pnonty over this Secunty Instrument. and leasehold payments or ground rents. If any Borrower shall pay these obhgallons ID the manner prOVIded .n paragraph 2, or •• f not p81d In that manner, Borrower shall pay them on tunc duectly 10 the person owed pay ...... nt Borrower shall promptly furrush 10 ..... nder all notices of amounts" to be p .. "J under llus paragraph If Borrower makes these paymenls dlrooctly, Borrower shall promptly furmsh to ..... nd .. r receIpts eVldencmg the payments Borrower shall promptly discharge any hen wluch has pnonty over tlus Secunty Instrument unless Borrower (a) agrees In wnbng to the payment of the obhgaboa secured by the hen 10 a manner acceptsble to Lender, (b) contests In good faith the hen by, 01' defends against enforcement of the hen In, legal proceedIngs wlucb 10 th6 Lender's op1D1on operate 10 pr .. vent the enforcol1lOnl of the hea or , forfeiture of any part of the Property, or (e) secures from the holder of the Iten an agreement satisfactory to Lend .. r subordJnallng the h .. n to tlus S •• cunty Instrument If Lender deternllIlOS thaI any part of the Property IS subJccl to a hen wluch may attsln prloraty ov .. r thas Secunty Instrument. Lender may gIve Borrower a nollce .denhfymg the hen Borrower shall satisfy the hen or take one or more of the actlO11S '>et forth above Within 10 days of the glvmg of nollce " 5. Hazard or Property Insur!U'ce. Borro""er shall keep the .mprovements now eltlstlns 01' hereafter erected on the" Property .nsured agamst loss by Cue. hazards UlCluded Within the term "extended coverage" and any other hazards, Includmg floods or flood~ng, for whach Lender requIres Insurance ThIB tnsurance shall he mamlamed In the amounts and for the penods that Lender requlres The (Page 2 (17) ) ) c:::... :....-, --' < .... , ....... . 0&0200238788.7 Insurance carner provldmg the ll'L'IUrance '!hall he "hl)sen by Borrower '!ubJcct to Lender'" approval ""hlch shall not be unreasonably withheld Jf Borrower fatls to mamtam coverag .. d .... l.nbed ahov .. , Lend .. r may, at Lender',! optIOn, obtaIn coverage to protect Lender'S Right'! In the Pn,perty In al.l.ordanl.<> wIth paragraph 7 All Ul."urance poliCIes and renewals shall he al.ceptable to Lender and .. hall lnclude a "tandard mortgage dause Lender 'Ihall have the nght to hold the pohcle'! and renewal.. If Lender require'!, ,Borrower shall promptly g1Ve to Lender all receipts of paid premium .. and renewal nOhl.e.'! In the ev .. nt of loss. Borrower shall give prompt notl"e to the msurance carrier and Lender Lender m .. y mak .. proof otloss If not made promptly by Borrower , Unless Lender and Borrower otherw'l5e agree In wntmg, ,"suranl.e pr<X.eeds 'Ihall he apphed to restorallon or repair of the Property damaged, If the restoration or repair IS economically feaSIble and Lender's secunty IS not les'Iened If the restorabon or repair IS not e<..ononucally feaSible or Lender' .. "secunty would be lessened, the ansurance proceeds .'Ihall be apphed to the sums '!ecured hy thlo; Secunty' Instrument, whether or not then due, WIth any excess paid to Borrower Jf Borrower abandons the Property, or does not answer Wlthm 30 day'l a notice from Lender IMI the an.<;uranl.e carner ha'i offered to settle a claIm, then Lender may collect the msurance proceeds Lender may use the proc.eeds to rep.t1T or restore the Property or to pay sums ....cured by ttus Secunty Instrument, whether or not tben due The 3O-day, period WIll began when tlJe nOhl.e 1'1 81ven Unless Lender and Borrower otherwIse agree In WrJhng, any appb"atJon of proceeds to pnnclpal shall not extend or postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or change the amount of the payments If under paragraph 21 the property IS acqUIred by Lender. Borrower'" nghC to any IDSurance pohcles and proceeds resultIng from damage to the Property pnor to the acquIsItion shall pass to Lender to the extent of the sums secured by tins Secunty Instrument nnmedlalely pnor 10 the acquIsItion ' 6. Occupancy, Preservation. Maintenance and Protecbon of the Property; Bo .... ower·'1 Loan Application. Leasehold'!. Borrower shall occupy, estabhsh, and u .. e the PnJperly a .. Borrow"r' .. pnnclpal reSidence WIthIn sixty dayq after ihe executIon of tins Secunty Instrument .. nd shall continue to occupy the Property as Borrower's pnn<:.lpal reSidence for at least OM year after the date of occupancy, unless lender otherwIse agrees In wntlng, which consent shall not be unreasonably Withheld, or unless extenuating' cIrcumstance .. eXIst wblch are beyond Borrower's control Borrower 'ihall not dc..'itroy, damage or ImpalT the Propeny, allow tbe' Propeny to detenorate, or commll wa'lle on the Property Borrower shall be In default If any forfeiture acbon or proceed1Og, whether Clvtl or ("Tlmln.tl, II> begun that In Lender's good faith Judgement could result 10 forfeIture of the Property or otherwise matenally Impair the hen created by tlnl> Secunty Instrument or Lender' .. secunty mterest Borrower may cu~ 'Iuch a default and remstate, a'l prOVided In paragrapb 18, by causmg the aotlon or proceedmg to be dl'lml'!Red With a ruhng that, In Lender's good faith determination, precludes forfeiture of the Borrower' .. '"terest In the, prope~y or othli'r matenal l~pal!-"IDent of the lIe,n c,reared by this Secunty Instrument or lender'<; 'iecunty IOterest Borrow"r sh .. n .. 1'iO be In default If Borrower, dunng the loan .. ppho .. tlOn proce<;'>, gave matenaUy false or Inaccurate Infonnahon or "tat..ment .. to Lender (or faded to prOVide under With .. ny matenal Infonnahon) an connection WIth the loan eVIdenced by the Note, mcludmg, but not hnuted to, representations concenung Borrower's occupancy of lbe Property as a pnnclpal reSidence If tlus Secunty Instrumenl IS on a leasehold, Borrower shall comply Wlth all the prOVISIons of the lease If Borrower acqwres fea t.tle to the Property, the leasehold and Ihe fee t.lle shall nOI merge unless Lender agrees to the merger m wntulg 7. ProteCtIon of Lender's RIghts In the Property. If Borrower fall .. to perform the "ovenant'l and agreelJlents contamed 10 tlus Secunty Instrument, or there IS a legal proceeding that may sigruficantly affect Lender's ngbts 10 the Property (sul.h as a proceedmg In bankruptcy, probate, for condemnation or forfelture or to enforce laws or. regulations), then Lender may do and pay for whatever I .. Del.essary to protect tbe value of the Property and Lender's nghts In the Property Lender''I actIo"" m.ty Include paymg any sums secured by a hen wluch, has pnonty over tins Secunty Instrument~ appearing In court, paymg reasonable attorneys' fees and entenng on the Property to make repairs Although Lender may take actIon under tins paragraph 7, Lender docs not bave to do so Any amounts dIsbursed by Lender under this paragraph 7 shall become additIonal deht of Borrower secured by tlus SecurIty Instrument Unless borrower and Lender .. gree> to other lerms of payment, thes .. amounts shall bear mte~st from lbe date of disbursement at the Note rate and ~hall he 'payahle, With 1Oteresl, upon nollce from'Lender'to Borrower requesting payment 8 Mortgage Insurance. If Lender requIres Il10nguge IIlBurance a'l a cond,tIon of makIng Ihe loan s .. cured by tlus Secunty InstrulTJOnt, Borrower shall pay the premiums requITed 10 rruuntam the mortgage IDSurance In effect If, for any reason, the JDOngage Insurance coverage requIred hy Lender I .. p"" .. or ceases to be m effect, Borrower shaU pay the premIums requIred to obtain coverage 'Iubstantlally eqUivalent to tbe mortgage IDSurance p~vlously lD effect, at a cost subbtanhally eqUivalent to the ('O'lt to Borrower of the mortgage lDsurance preVIously In effect. from an alternate mortgage Insurer approved by Lender If substanhally eqUIvalent mortgage ulSurancc l.overage I~ not avallahle, Borrower .. hall pay to Lender eacb month a sum equal to o~-twelftb of the yearly mongage Insuranl.e premIUm beIng paId by Borrower when tbe Insurance coverage lapsed or ceased to be In eff«..t Lender wtll .. "cepl, u .... and retain these payments as a loss reserve'ln heu of mortgage Insurance 1..0 .... re'lerve payment .. rnay no Borrower • Inlua .. ,;M (POBe J 0/7) L067A·T IWA) 02/16100 longer be required. at the ophon of Lender. If mortgage l.DSUmnce coverage (In the amount and for the penod that Lender requires) provided by an lI1surer approved by Lender agam becomes avauable and IS obtaaned Borrower shall pay any premiums required to DlIUntaJn mortgage l.DSUranCe In effect. or to provide a loss .... serve. untd the requirement for mortgage Insurance ends In accordance With any wntten agreement between Borrower and Lender or appiacable law 9. Inspection. Lender or Its agent may make reasonable enmes upon and InspectiOns of the Property Lender shall give Borrower nollce at the time of or pnor to an 1I1specaon spcclfyang reasonable cause for the Inspection. 10. Con~natJon. The proceeds of any award or claun for damages, direct or consequenbal. In con.-:hon with any condemnatIon or other taking of any part of tbe Property, or for conveyance In beu of condemnation. are hereby assigned and shall be plud to Lender In the event of a total taking of the Property, the proceeds shall be appbed to the SUD1S secured by thts Secunty Instrumont, whetber or not then due. With any excess paid to Borrower In the event of a partial takmg of the Property 111 which the falC market value of the Property Immediately before the taking IS equal to or greater than abe amount of the sums secured by thts Secunty Instrument Immediately before the t8kJng. unless Borrower and Lender otherwise agree an wnbng. the sums secured by tlus Secunty Instrument shall be reduced by the amount of the proceeds mull1plJed by the follOWing fracoon (a) the total lUIlount of·the sums secured Immediately before the taklDg. diVided by (b) tho fair market value of the Property unmedlately before the taking Any balance shall be pBld to Borrower. In the event of a pamal taIong of the Property 111 whIch the fau market value of the Property unmedlately before the' . 'taIc1ng IS less than the amount of the sums secured unmedlately befo,... the taktng. unless Borrower and Lender otherwise ag ...... In wnbng or unlesa appllcable law otherwISe prOVides, the proceeds shall be appbed to the sums secured by thIS Secunty Instntment whether Dr not the sums are then due If the Property IS abandoned by Borrower, or If. after nobce by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower faals to respond to Lender w.thm 30 days afler Ihe dale the nollce 1'1 B,ven. Lender .s authonzcd 10 collect and apply the proceeds. al Its option, either to r .. storatJon or repa.r of the Property or to the sums secured by thts Secunty Instrument, whether or not then due Unless Lender and Borrower otherwIse agree m wntmg. any apphcanon of proceeds to pnnclpal shall not extend or postpone the due date of the monthly payments referred to 10 paragraphs 1 and 2 or change the amount of ,uch payments . 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tuno for payment or moddicallon of amorbmtlon of the sums secured by thts Secunty Instrument granted by Lender to any sUccessor m mtetest of Borrower shall not operate to release the habthty of the onglllal Borrower or ,BOA'Bwer~s,.successorsln'lnterest. Lender shall ,not be requlJ'ed tocommenceproceedmgs agaJJJSt any successor In Interest or refuse to extend time for payment or otherwise modify amortlzataon of the sums secured by this Secunty Instrument by reason of any demand made by the onganal Borrower or Borrower's successors In ante .... st Any forbearance by Lender In exerClsmg any nght or remedy shall not be a waiver of or preclude the exerCise of any nght or remedy 12. Successors and Asslans Bound; .Joint and Several Llability; C011gners. The covenants and agreements of this Secunty Instrument shall bmd and benefit the successors and assigns of Lender and Borrower. subjOCt to the proVISIOns of paragmph 17 Borrower's covenants and agreements shall be JOint and several Any Borrower who CO-Signs thas Secunty Instrument but does not execute the Note (a) IS co-sIgning tlus Secunty Instrument only to mortgage. grant and convey that Borrower's mterost In the Property under the tenns of this Secunty Instrument. (b) IS not personally obhgated to pay the SUD\S secured by this Secunty Instrument, and (c) agrees that Lender and any other Borrower may ag .... e to extend •. modlfy. forebear or make any accommodatlons WIth regard to the tenns of this Secunty Instnunenl or the Note Without that Borrower's consent 13. Loan Charges. If the loan secured by this Secunty Instrument .s subJOCt to B law wh.ch sets maXimum loan charges, aod that law IS f"lnally Interpret .. d SO that the Interest or other loan charges collected or to be collected In connection With the loan exceed the perautted hnuts. then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the perrmtted hmu. and (b) any sums alre.ady collected . from Borrower which exceeded pennlttad 11ltllts wall be refunded to Borrower Lender may choose to make Ws refund by ,...duclDg the pnoclpal owed under the Note or by malang a dlCect payment to Borrower If a refund reduces pnnclpal, the rcducbon wdl be treated as a partIal prepayment Without any prepayment charge under the Note. 14. NotJces. Any notice to Borrower proVIded for In tlus Secunty Instrument shall be gaven by dehvenng It or by mallUlg It by first class maal unless appbcable law requues use of another method The nohce shall be dlCccted to the Property Address or any other address Borrower designates by notice to Lender Any nohce to Lender shall be gIVen by first class mall to Lender's address stac.,d herem or any other address Lender deSIgnates by nohce to Borrower Any notice proVided for In tlus Secunty Instrument shall be deemed to have been gIven to . Borrower Dr Lender when gIven as prOVIded In tlus paragraph 15. Governing Law; Seyerablllty. This Secunty Instrument shall be governed by federal law and the law of the JurlSdlctlon In which the Property 18 located In the event that any proViSton or chluse of tlus Secunty Instrument or the Note conflicts With applicable law. such conflict shall not affect other proVISIOns of thts Secunty Instrument or t.... Note which can be given effect ""Itbout the conthctlJJ8 provIsion To tlus end the prOVlSlODS of this Secunty Instrument and the Note are declared to be severable (Palle 4 of 7) -- ) 0::. -. c. ._ ... -C"-..o 060 200 23878&-7 16. Borrower's Copy. Borrower shall be gIven one conformed copy of the Note and of trus Secunty Instrument 17. Transfer. of the Property or a Beneficial Interest an Borrower. If all or any part of the Property or any Interee:1 In It IS Sold or tran~ferred (or If a benefic.lal mtere~t In Borrower. Ie: ~old or Crimsferred and Borrower I'! not a natural Person) without Lender' .. rnar wntten <..on'lent. Lender llIay. at Its ophon, requIre Inune~hate payment 10 full of all 'lums secured by trus Se<..unty Ine:trumenl However. tlus option shall not be ex"n..lsed by Lender If exercise IS prolublled by f""'eral l.lw a'l of tbe date of tlu .. Secunty In"ltrument If Lender exercises tJus opllon. Lender '!hall give Borrower notice of ac.celeratlOn The nollce shall prOVide a penod of not less than 30 days from the date the notice IS dehvered or mailed Within which Borrower must pay all sums secured by tlus Secunty Instrument If Borrower fa .... to pay these sums pnor to the explratlOn'of t1us penod. Lender may Invoke any remedle .. permitted by lrus Secunty Instrument Without further nollce or demand on Borrower 18. Borrower's Right to Reinstate. If Borrower meet'! c.ertam c.()ndltlon. ... Borrower .. hall have the nght to have enforcement of trus Secunty In"trument dl'lc.ontmued at any hme pn .. r to the earher or (a) S days (or such other penod as appllcahJe law may 'lpecify for remHtatement) before' -.ale of the Property pursuant to any power of sale contamed In tru'! Secunty Instrument, or (h) entry of a ludgment enfurclng thle: .Secunty Instrument Those conditiOns are that Borrower (a) pay .. ' Lender all 'lUrn" whlc.h then would be due under th,., Secunty Instrument and the Note .IS If no ac.celerahon oc.c.urroo, (b) c.uro .. any default of any' other covenant" or agreements. (c) payq all eXpClMe'! Incurred In enfoT("Jng th • .; Se(..urlty Instrument, inC ludmg , but not hmlled to. reasonable attorneys' fees, and (d) tak".; 'Wc.h achon as Lend"r may rea'iOnably requIre to assure that the hen of t1us Secunty Instrument, Lender's r1ghtq In the Property and Borrower's obhgatlon to pay the sums secured hy tlu .. Secunty In .. lrument e:hall (..onunue unchdnged Upon reinstatement by Borrower. trus Secunty Instrument and the obhgatlon' ,ecured hereby .,ball remain rully. effective as If no acceleration had occurred However. thiS nght to ""mstate "hall not apply • n the case of acce lerahon under paragraph 17 19, Sale of Note; Change of Loan Servlcer. The Nace or a partial Interest In the Note (together WIth th, .. Secunty Instnnnent) may be sold one or more cmes Without pnor nohc.e to Borrower A sale may result In a change In the entIty (known as the "Loan SelVJcer") that collects monthly payment .. due under the Nace and thiS Secunty Instrument There also may'''''' 0"", or mono (..hlinges .of the Loan S"t'Vlcer unrelated to a sale of the Note If there 1'1 a change of the Loan Servlcer, Borrower WIll be gIven wntten nohce of the change to accordance With paragraph 14 above and apphc.dhl" law The rJOttce Will state the name and address of the new Loan Servlcer and the addr" .. '1 to which payments should be made The notIce WIll also contain any other InfonnatlOn requIred hy applicable law 20 •. Hazardous Substances. Borrower shall not cause or permIt the pree:ence. U'Ie, dl .. pasal, storage, or release of any Hazardous Substances 00 or In the Property Borrower shall not do, nor alloW anyone else to do; anyth:ingaffeetirig tbeProperty thal til In vlohitlori of any EnvirOnmental UW The preceding two sentences shall not apply to the pre."lence. U'le, or 'Itorage on the Property of .. mot II quanllll'" of Hazardous Substaooes that are generally rccogmud to be appropnate to normal resldentUlI use::. and to nUllnteoance of the Property Borrower shall promptly gIve Lender vvntten notIce of any ,nveqt'gauon. claim. demand, law"lult or other aCllon by any ·governmental or regulatory agency or pnvate party involVing the Property and any Hazardous Substance or EnVIronmental L8w of which Borrower has dctual knowledge If Borrower learns. or l"l notdied by any goverrtmental or regulatory authority. that any removal or other remedIatIOn of any Hazardous Suh'!tance affecting the Property IS nece'lury. Borrower .. hall promptly tdke all n=essary remedIal actions In accordance WIth EnVironmental Law As used In tms paragraph 20. "Hazardous Suhstance .. -are tho .. e "Uhstanc.Cb defmed ao; tOXIC. or hazardous substances by EnvJronmentaJ Law and the foUOW1ll8 '!ubstances gasohne. kerosene, other f1anunable or tOXIC, petroleum products. tOXIC pestiCIdes and herbiCides, volatile solvents, rnatenals contauung asbestos or fOlTnaldehyde, and ra<hoactlve matenals As u .... d In th,.. pan,graph 20, "EnVIronmental Law· means federal law'! and law'l of the Juosd,cllon where the Property I~ located thllt relate'to health, safety or environmental protection NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follow::. 21. Acceleration; Resnedles. Ltmder shaD gJve notice to Borrower pnor to a"eleratlon following Borrower's breach of any covenant or agreement In this SeCunty Instrwnent (but not prior to acceleration under paragraph 17 unless appbcable law provides otherwise). The noUce shalJ spedfy: (a) the default; (b) the action requIred to cure the default; (c) a date, not les'l than 30 days from the date the notice Is gIven to Borrower, by which the default must be cured; and (d) that ratJure to cure the default on or before the date specIfied In the notIce may result In acceleration of the swns secured by this Security Instrwnent and sale of the Property at public auctIon at a date not less than 120 days In the future. The notice shall further Infono Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non __ lstence of a default or any other deten.'Ie of Borrower to acceleration, and Rale, and any other matters required to be ,Included In the notice by appUcable law. If the default IS not cured on or before the date specified (PaR_ S 0(7) L067A-T (WA) 02/1 efOO <.:.,. ex:> i, In the notu:e. Lender at Us option may require lIU1ned1ate payment In fun of all sUms secured by thJs Seeunty Instrument without further demand and may mvoke'the power of sale and any other renu:d.les pernutted by applicable law. Lender shaD be enUtied to collect aU expenses Incurred In pursuing the remedies provided In thJs paragraph 11. Including. but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender In.vokes the power of sale. Lender shaD give written notice to Trustee of the OCCUJTeru:e of an event of deCault and of Lender's election to cause the Property to be sold. Trustee and Lender shaD take such action regarding notice of sale and sha1l give such notices to Borrower and to other persons us applicable law may require. After the time required by appUcable law and after publication of the noUce of sale, Trustee. without denland on Borrower, shaD seD the Property at public auction to the blghest bidder at the time and place and under the tenus designated In the notice of.sale In one or more parcels and an any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by appUcable law by public announcement at the time and place fixed In the, notice of sale. Lender or Its designee may purchase the Property at any sale. . Trustee shall deliver to the purdulser Trustee's deed conveying the Property without any covenant or warranty, expressed or ImpUed. The redtals In the Trustee's deed shall be pnma facie evidence of the truth of the statements made therein. Trustee shaD apply the proceeds of the sale In ,the following order: (a) to aU 'expen._ of the sale, Including. but not Ibnlted to, reasonable Trustee's and attorneys' fees; (b) to all swns Be<:ured by this Security Instruanent; arid (c) any excess 'to the person or persons legully entitled to If or to the clerk of the superior court of the county In which the sale took place. 22. Reconveyance. Upon payment of all sums secured by Ihts Secunty Instrument, Lender shall .-..que .. t Trustee to reconvey tlu> Property and shall surrender tJus Socunty InslrUJDent and all notes eVidencing debt secured by tlus Secunty Instnamcnt to Trustee Trustee shall reconvey the Property Without warranty and Without charge to tbe person or persons legally entatled to It Such pel"'lon or persons shall pay any recorda lion costs ' 23. SubstltuteTrustee In accOrdance WIth apphcahle law. Lender may from hme to tunc appoint a sUccessor trustee to any Tru .. t .... appomlcd hereunder wh() h4~ ceased to act WIthout <..Onv .. yam .... of the Property, th.. SUCCebbor trustee shall succeed to all the htle, power and duties conferred upon Trustee herelll and by appbcable law ' . 24. Use of Property. The Property 16 not used pnJlC1p8l1y for agncultural or farautig purposes 15. Riders to thts secilrlty llistrument. If one or more nders arc executed by Borrower and recorded.tqgetber Wlth ttus, Secunty Instrument. tbe CO\fellBntaand agreemenlBof each such oder shall be Incorporated 1J1to and shall amend and supplement the covenants and. agreements of dus Secunty In.!'trument as If the nder(s) were a part of tlus Secunty Iostnament [Check apphcable box(es» c:Jcondomuuum Rider CJplanned Unat Development Rider 01-4 Fanuly Rader OAdJustable Rate Rider CXk:>ther(~) [Specify] Addendwn to Unlfonn Deed of Trust BY SIONINO BELOW. Borrower accepts and agrees to the terms and covenants contamed In tlus Secunty Instrument and In any rlder(s) executed by Borrower and recorded With It - ANNE"ITB B DliMPS (OVer for notary acknowledgements) (PQ~ 601') - 060 200 238798_7 STATE OP WASHINGTON ) '1'1 COUNTY OF KING ) I cerhfy that I know or have sab'lfactory eVidence that Ke:f.th D. Demps and Annette B. Demps [Name(s) of person(s») . :ntare the person(s) who appeared before.me, and RaId pe .... on('I) acknowledged that ~they) 'Ilgned llu'l IIlstrument and acknowledged II to he ~thelr) fNe and voluntary Bct for the U'I"S and purpo ...... . mentioned In tho Instnnnent (Signature) Notary Pubhc In and for th" Stat .. of Wash1ngton resldlDg at K:1.rk1and My comnusslon expues __ ->=6"'1 .... 2....,.0"'1..,,0'"-==2 ________ _ STATE OF ) 'IS COUNTY OF ) I certify that) knOw or have satisfactory eVidence that _____________________ _ rName(lI) of per'lon('I)) Is/ar" the per'lOn(h) who appeared before me, and 'IBId person(s) acknowledged that (he/ .. he/they) "I8Oed tlus lostnlrnent, on oath stated that (be/she/they) wa .. /were autbonz<od to exe(..ut .. the Instrument and ackriOwiedged jf as the ____________________________________ _ (Type of Authonty, e g , Officer, Truslee) of ______________________ ~~----~~~----~=_~~~~----~~------~--~=_--~~--- (Name of the Party on Behalf of Whom the Instrument was Executed) to be the free and voluntary act of such party for the u~s and purpO'le'l menhoned to the Instrument Oated (Signature) (Seal or Stamp) Notary Pubhc an and for the state of _________ _ residing at My comnusslon expu'l:O'I _______________ _ 0031i6 1612 1261 L067A·T tWA) 02/16/00 c.::::. co' , < .. .J . c .... 050 200 2387!1cS-7 ADDENDUM TO UNIFORM DEED OF TRUST Date December 22nd. 2000 Addendum attached to and fonmng part of the Deed of Tru...t ("Secunty In'ltrumen''') of even date by dnd he~een ________________________ ~ ______________________________________________________ ___ KEITH D DEMPS AND ANNE'ITE B DEMPS, HUSBAND AND WIFE as Grantor/Borrower. OLD REPUBLIC TITLE LTD as Trustee, and WASHINGTON FEDERA,L SAVINGS as Beneficlary/Lender I. OCCUPANCY OF THE PROPERTY BY BORROWER. There are ~o allernatlve covenants /ltated below wblch refer to <X.cupancy of the Property by the Borrower, and only on .. dlternatlve 'Iball be a part of thl'! Addendum ~nder ha .. d .. termlned ""hlc..h alternative IS a covenant of the Borrower hy ch<ooking below the appropnate hox 0ppo'ite the paragraph .nuned!ately pTeCe<bng the paragraph Lender has determined to be apphcable to Borro""er, and Borrower ha'l agreed to trus chosen alterilattve by execubng nus Addendum to the Se .. unty Instrument and pur-nunt to the terms of Lender's loan commitment Occupancy of Property by Borrower Required IS amended by substltuttng the follOWIng language Umform Covenant 6 of the S .... unty In'ltrument "Borrower shall occupy, estabhsh and use tho> Property as Borrower' .. pnnc.pal res.dence Within sixty (60) daYR after the executlOn of,thls Security Instrument and shan contmue to oc .. upy the Property as Borrower's pnnclpal reSIdence for at least one year after the date of nccupancy, unless lender otherwise agrees In wnbng and In Its sole discretion, proVided, however, that If the loan "vldenced hy the Secunty Instrument I" a 'custom' con'ltruclton loan a .. defined by a Con~trucl.on Loan Agreement between Lender and Borrower. then Borrower shall begm to occupy. estabhsb and use the Property as Borrower's pnnclpal reSidence Wlthm SIXty (60) days after receipt of CertIficate of Occupancy, or slmdar offiCIal document. from tlte appbcable governmental authonty, unlcss Lender In .ts d.serenon agrees In wnttng to walva any govenunental r.oqulremcnt Borrower acknowledges that Uruform'Covenant 6, as here amended. IS mqulred by Lender In con'llderation of Lender extendmg Borrower an 'Occupancy Note Rate' which IS los<; than the prevallmg 'Non-Occupancy Note Rate' If Borrower shall default on the term'l of occupancy as stated above, Lender may elect, al Its optton and natwJthatandmg any other terms of the Secunty Instrument to the contrary, any nf the followll18 remedle.. (a) Lender may accelerate the tenna of the' NOte 'arid,' upon ,fifteen ,( 1'5) days notice,' call thO lOan nrunedlately due and payable tn' full, and' If Borrower fatls to make payment m full, Lender may thereafter exercise any remedy permltt"d hy the Secunty Instrument. lncludlll8 SUit on the Note or fonocloliure upon the Secunty Interest and th .. Property, or' (b) Lender rnay adjust the Interest rate on the Note (and any monthiy payment occasioned hy such adjustment) to i..ender'R 'Non-Occupancy Note Rate' which eXisted a'l of the date of tbe Note and Secunty Instrument and requtl"C further con'llderalton for not calling the loan ,nnmedlately due and payable, Includmg but not lututed to (I) havmg Borrower c..onvey to Lender d Fanme Mae Multtstate 1-4 Fanuly Rldcr (ASSignment of Renl!i) and (It) hdvmg Borrower pay any amount, of pnnclpal on the loan necessary (If at all) to make the loan conform to whatever , loan-la-value raho condJtlons Lender would have reqUITed of a 'Non-OwMr-Oc..cupled Loan' on the Property lUI of the date of the Note ,and Secunty In'ltrument • D Occupancy of Property By BOrrower WaIved. , IS deleted 2. ADDITIONAL SPECIAL COVENANTS. A AddJdonaJ Adva,nce<~) Uroform Covenant 6 of the Secilnty Instrument Tlus Secunty Instiument I\!SO secures the payment of any further sums advanced or loaned by Lender to Borrower. or any of Its successors or asSIgns, If (1) the' Note or other wntlng eVidencIng the future advance or loan speclfically states that It .s secured by trus Secunty Instrument, or (2) the advance, Including costs and eltpc1lSeS Incurred by Lender, IS made pursuant to thiS Secunty Instrument or'any other documents executed by Borrower eVIdencing, secunng, or relaltng to the Note and lor the' Collateral, whether executed pnor to, contemporaneously WIth, or subsequent to trus Seounty Instrument (thIS Secunty Instrument, the Note and 'iuch other documents, tnc..ludlll8 any constructton loan, land loan or other loan agreement, are hereinafter collecbvely referred to, as the "LoaD Documents"), together With Interest thereon at the rate set forth m th .. Notc unlC'l' otherwise specIfied In the Loan Documents or agreed to In wnttng (Pag4 J <>(3) L041 03/28/00 B 'Lender's Right of Acceleration and Judielal For-eelosure. Uruform Covenant 19 and Non-Uruform Covenant 22 of the Security InstnaJnBnt are amended by the addition of the foUowlng language, whICh bhall modify the terms of Uruform Covenant 19 WId Non-Uruform Covenant 22 to the extent set forth Jnunewately below -Borrower acknowledges that the terms aod conditions of Uruform Covenant 19 and Noo-Uruform Covenant 22 are Imended to avaal .Borrower of certaln nobce and reUllltatemem nghts If Lender elects non-jUdJcJ81 foreclosure under Its power of sale In the event of default. and that Borrower bas a statutory nght of re4emptlon protectmg Borrower 10 the event of JudiCial foreclosure Therefore. notwttbstarul1ns any proVJslon .of Uruform Covenant 19 and Non-Uruform Covenant 22 of tlus Secunty Instrument. If Lender. at Its own option. elects to accelerate the Sccunty Instrument by commencement of JudiCial foreclosure for any default or breach by Borrower, the Borrower shall ..... .., not have the ngbt of relDstateinent or entitlement to certam notices as proVJded for 10 Uruform c.o Covenant 19 and Non-Uruform Covenant 22 • C. Reconveyanee After Payment of Loan In Full. Non-Uruform Covenant 23 of the Secunty o Instrument IS reVIsed to read as follows . -23. Release or Reconveyance. Upon payment of all sums secured by tins Sccunty InstrulllCnt, Lender shall request Trustee to release or reconvey the Property and shall surrender tlus Secunty Instrument and all notes eVldeoclDg debt secured by tms Secunty Instrument to Trustee Trustee shall release or reconvey the Property WIthout warranty to the person or persons legally entitled to . It Such person or persons shan pay any recordation costs and reasonable trUStee's fee for release or' ,reconveyance .. Mandatory Flood insUrance Cor Property In Special Flood Hazard Areas. Uruform Covenants 3 and S are modtfied so as to add the follOWing language which affects hath covenants -If the Property IS now or shall .. v .. r diu-Ing tlus loan be dea..rnuned by thto Federal Emergency Management Agency (FBMA), or Its successor asency, to be WJtbm a Speclal Flood Hazard Area . (SFHA) , then to the extent flood lDSUrance IS available for the Property, Lender wall reqwre, upon notice to Borrower of such dcternunatlon, thet adequate flood Insurance be mamtamed for the Imp,r0"!'1me~t!'9f. t~e_ PI"Qp.e~ 11,' Q~rr~.wer:·!I. e~~D!I"', Il.lld Le~er s~H be. e~qtl~ to collect, Ill! l"art of-the Funds defined under Covenant 3, and to the extent authonzcd by fcderallaw and regulataon. "Escrow IteDlS" (reserves) for flood Insurance premiums. and If Borrower does not voluntarily pay for the flood Insurance as part of said Funds, Lender sball be enhtled to obtain "forced place" flood Insurance coverage for the Property Improvements and, In so dOing, eIther cap.tah:z.e the cost of such coverage to the pnnclpal balance of the loan or apply the payment as a "negative reserve". whereupon Borrower shall be deemed to be In default of thiS Secunty Instrument E "Custom" Construction Loans. If tlus Secunty Instrument secures permanent financlDg to construct or remodel a reSIdential dwelltng on the Property (-'custom' construction loan'), then tbe Construction Loan Agreement & ASSignment of Account Signed by Borrower alons With tins Secunty Instrument and Addendum shall be IDCorporated by reference JD and be a part of tins Secunty Instrument,and any default or breach by Borrower of the Construction Loan Agreement & ASSignment of Account shall constitute a default or breach of tius Secunty Instrutnent, thereby entlthng Lender to any and all remedlcs allowed by the Secunty Instrument and apphcable law for such default or breach . F E-Z Pay Option. If Borrower elects the E-Z Pay optIOn at the inCeptIon of tlUb loan. then Lend .. r sball temporartly defer the two hundred dollar ($200) payment proC<>8slng charge whIch IS otherwise due and payable 1D full at clOSing However, If at any time, Borrower's E-Z Pay bank act-ount bas InsuffiCIent funds to cover a payment when due. or If BOrTower's E-Z Pay bank account IS closed or otherwISe becomes unavailable to Lender for the paY1Dt>nt of the loan, or 1ft the event Borrower elects, at any hme, to·ternunate the E-Z Pay option. then Lender may remstate and demand the two hundred d01lar ($200) payment proceSSing charge from Borrower In whtch event tlus charge shall then be due and payab1e In· fun Lender shall Inform Borrower of tms elecbon In wnhng and Lender may. at Lender's optaon, either requtre Borrower to pay the payment processlDg charse within 10 days of receipt of wntten notIce or add the amount of the charge to the reDllUDlng pnnolpal balance of the loan I f the charge IS addod to the loan, then It shall becoDle addlhonal debt of Borrower secured by tms Secunty Instrument and shall bear lDterest at the Note rate and shall be payable ID accordance With the terms of the Note L041 03/28/00 -- ) G Hazard, Property, or Flood Insurance. Without affectms the language contamed In Cov~nants 2, S, and 7 of the Sccunty Instrument and paragraph D abov~, Borrower I~ advllled a .. follows H WARNING UnJess Borrow~r prOVides Lender With eVldeJ¥.e of tho=> Insurance I.oveordge d~ required by the deed of trust or loan agreemenl, Lendeor molY purcha.... Insurance at Borrower'.. eXP<'n~e to prot""t Lender' .. Interel'lt 'l1n'l IflSUr<lnl.C may, hut need not, al'lo protel.t borrower', Intereo'lt If th .. collateral become~ damaged; tho coverage Lender purcha'les may not pay any I.lalm Borrower makes or any claim made a8amst Borrower Borrower may later U1ncel tlus coverage by provldll18 eVidence that It ha'l obtall'l~d property coverage el""where Borrower IS responSible for Ihe 1,.0'11 of any Insuranc~ purcha,ed hy Lend~r " The c..o~t of thlb tnsurance may be added to the loan halance If th~ cost IS added to the loan b<ll<lnc..e. the mten'"t rate on the under·lymg loan· will apply to chl'l added dmount The eff""hv .. ddte of '-nver<l8~ molY h~ the· dale the pnor <.Overage lapses or the dale Borrower falls 10 prOVide proof of coverage The coverage Lender purchase'l may be conslderahly more eXpen'lIVe tluJn II\.'1urance Borrower can obtain on lIB own and may not o;alJ;,fy any need for property damage.coverage or any maTidatory liability Insurance requlrem~nts Imposed by applicable law Late Charges and Other Fees Lender may. al Lender's oplJon, either requll''' Borrower to pay any late charge for overdue payments or NSFfreturned Item feeb related to dny payment>. under the Note, or add the amount of any such c..luJrgcs or fees to the remallung pnnc.-Ipal balanc..e of the loan If these charges andlor fees are added· to the loan. lhen they 'Ihall be<.()me <lddltlonal debt of Borrower 'Iecured by thl'l Security Instrumenl and shall bear Intere"l al Iboo NOlo. rdle dnd ,h .. 11 he payable ID accordance With the terms of the Note Asslgmnent of the Loan. If Lender transfers Its mleresl ID or a nght 10" roc..elvo loan payments under the Note secured by the Security IlUIlrument, Uus Addendem. or .. ny part of It, may he cancelled at the ophon of Lender and Without advance nollce to Borrower. dnd Lender may make and record any Instrument. Without signature of Borrower. which may he nd(.~ .... ary to give .re,-oru nolaee of such cancellation /J'S / c::::::> ANNETTE B DEMPS 003611 14121267 1.041 03/28/00 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 columbia Street Seattle, Washington 99104-1511 Senior Title Officer, Marilyn Sanden (macilYlltJanden@pnwt.com) Senior Title Officer, Bob Curtis (bobcuctiB@pnwt.com) Senior Title Officer, Georqean Moore (geocgeanmooce@pnwt.com) Assistant Title Officer, Debby Bigelow (debbybigelow@pnwt.com) Unit No. 2 John L. Scott FAX No. (206)343.9400 Telephone Number (206)343-1345 4735 NE 4th Street Renton, WA 99059 Attention: Marc Rousso Title Order No.1 557023 Your Ref.: Demps/J & M Land Dev. Inc. A. L. T. A. COMMITMENT SCHEDULE A Effective Datel May 24, 2004, at 8100 a.m. 1 •. ~olicy(ies) to be issued: ALTA Owner's Policy standard (X) Extended ( ) SHORT TERM DISCOUNT RATE Proposed Insured; J & M LAND DEVELOPMENT, INC. Amount Premium Tax (B.B%) $ 540,000.00 $ 1,224.00 $ 107.71 NOTE: IF.EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK PRIOR TO CLOSING SO THAT WE MAV INSPECT THE PREMISES. 2. The Estate or interest in the land described herein and which is covered by this commitment is fee simple. 3. The estate or interest referred to herein is at Date of Commitment vested inl KEITH D. DEMPS and ANNETTE B. DEMPS, husband and wife 4. The land referred to in this commitment is situated in the State of Washinqton, and described as follows; As on Schedule A, page 2, attached. A.L.T.A. COMMITMENT SCHEDULE A Page 2 Order No •. 557023 The land referred to in this commitment is situated in the State of Washington, and described as follows I The east half of Tract 223, C. D. Hillman's Lake Waahington Garden of Ede~ Addition to Seattle Division No.4, according to the plat thereof recorded in Volume 11 of Plats, page 82, in King County, Washington. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY; The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. ptn. Tract 223, C.D. Hillman's Lake WA Garden of Eden Add. to Seattle Div. No.4, Vol. 11, pg. 82 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A.L.T.A COMMITMENT Schedule B Order No. 557023 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to'the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. GENERAL EXCEPTIONS; 1. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, 'boundary line disputes, or other matters which would be disclosed by an accurate surveyor inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. ' 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, 'installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. B. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. C. SPECIAL EXCEPTIONS: As on Schedule B, attached. SPECIAL EXCEPTIONS: A.L.T.A. COMMITMENT SCHEDULE B Page 2 NOTE FOR INFORMATION PURPOSES ONLY: Order No. 557023 EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. FORMAT: MARGINS TO BE 3" ON TOP OF FIRST PAGE, I" ON SIDES AND BOTTOM -I" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. RETURN ADDRESS IS ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 1/2" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS, PRESSURE' SEALS MUST BE SMUDGED. INFORMATION· WHICH MUST APPEAR ON THE FIRST PAGEl RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3" MARGIN. TITLE OR ·TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGES, IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION, TOWNSHIP', RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED) .. ASSESSOR'S TAX PARCEL NUMBER(S). (continued) A.L.T.A. COMMITMENT SCHEDULE B Pa.ge 3 SPECIAL EXCEPTIONS (continued): Order No. 557023 1. RELEASE OF DAMAGE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: 'RECORDED; RECORDING NUMBERr REGARDINGr Owners and King .County February 4, 1959 4993881 Releasing King County from all future claims for damages resulting from: any, damage that may be caused by the natural flow of surface water from the plat of J.E. Gatten Addition 2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOFr BYr RECORDEDr RECORDING NUMBER: REGARDING: Renton Sanitary Sewer Department and Keith Demps August 19, 1994 9408191244 To connect to a sanitary sewer 3. DELINQUENT GENERAL AND SPECIAL TAXES AND CHARGES: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: 2004 334390-0860-00 2100 CURRENT ASSESSED VALUE, Landr $275,000.00 Improvements: $621,000.00 AMOUNT BILLED GENERAL TAXESr $10,373.59 SPECIAL DISTRICTI $1.68 $5.00 TOTAL BILLED: $10,380.27 PAID; AMOUNT PAID $0.00 $0.00 $0.00 $0.00 TOTAL DUB"; $10,380.27 PLUS INTEREST *CONTACT YOUR TITLE UNIT OR THE ASSESSORS OFFICE FOR A PAYOFF FIGURE THAT WOULD INCLUDE ALL INTEREST AND PENALTIES THAT HAVE BEEN ASSESSED. SAID FIGURE WILL INCREASE ON A MONTHLY BASIS. (continued) A.L.T.A. COMMITMENT SCHEDULE B Page 4 Order No. 557023 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR I TRUSTEE: BENEFICIARY; AMOUNT I DATED I RECORDED: RECORDING NUMBERI Annette B. Demps and Keith D. Dempa, husband and wife Pacific NW Title Company Boeing Employees' Credit Union ~100,OOO.00 November 23, 1999 December 1, 1999 19991201000409 The amoun~.now seeured by said Deed of TrU8~ and ~he ~erm8 upon which the same can be discharged or assumed should be ascertained from ~he holder of ~he indeb~ednes8 seeured. NOTE I SUBORDINATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER, December 29, 2000 20001228001181 The above Deed of Trus~ was made subordinate to the Deed of Trust recorded under Recording Numbe.r 20001229001190. 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR; TRUSTEE, BENEFICIARY: AMOUNT, DATED: RECORDED I RECORDING NUMBER: Keith D. Demps and Annette B. Demps, husband and wife Old Republic Title Ltd. Washington Federal Savings ~413,500.00 December 22, 2000 December 29, 2000 20001228001180 The amoun~ now seeured by said Deed of Trus~ and the ~erms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. (continued) A.L.T.A. COMMITMENT SCHEDULE B Page 5 6.' Payment of Real'Estate Excise Tax, if required. Order No. 557023 The property described ~erein is situated within the boundaries of local taxing authority of City of Renton. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. NOTE 1: Upon notification of cancellation, there will be a minimum cancellation fee of ~50.00 plus tax of ~4.40. END OF SCHEDULE B Title to this property' was examined by; Rob E. Chelton Any inquiries should be directed· to one of the title officers set forth in Schedule A. eCI Pacific Northwest Title/Renton/Trulene/B0091602 CCI Centerpoint Surveying/Federal Way/Steve JXB/950420064l C.D. Hillman's LK. WA. to Seattle # 4 ,.i). GARDEN OF E EN DIV.NO.4 J -.~ ~. Garden of Eden 11/82 Order No •. 557023 IMPORTANT I This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. N t Printed: 06-23-2004 Payment Made: L ... fY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA04-071 06/23/2004 04:43 PM ,'- Receipt Number: R0403399 Total Payment: 1,000.00 Payee: J&M LAND DEVELOPMENT INC Current Payment Made tothe Following Items: Trans Account Code Description Amount 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check 2125 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5036 5909 5941 5954 5955 5998 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 000.345.81.00: 0004 000.345.81.00.0006 000.345.81.00.0007 000.345.81.00.0008 000.345.81.00.0009 000.345.81.00.0010 000.345.81.00.0011 000.345.81.00.0012 000.345.81.00.0013 000.345.81.00.0014 000.345.81.00.0015 000.345.81.00.0016 000.345.81.00.0017 000.345.81.00.0018 000.345.81.00.0019 o 000.345.81.00.0024 000.345.81.00.0005 000.341.60.00.0024 000.341.50.00.0000 604.237.00.00.0000 000.05.519.90.42.1 000.231.70.00.0000 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Home Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use or Fence Review Variance Fees Conditional Approval Fee Comprehensive Plan Amend Booklets/EIS/Copies Maps (Taxable) Special Deposits Postage Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .. . ~·I·:. .. .. ....... --~ '-".-. ! .. II ,', 'I' ,', "I' • .. , II • I" • . ' . , . • ,. • ••• 1 ~~~~mm~~~'~~_~.~~~~~~~~~~·~ VOLUME/PAGE . . ' .' . ". .' A' ME , , , . , , ,f) ""01 /...,.. .. 11l'ii.~/r)·~ . ~rl 'f'{, . '. , .', .. = A PO.RTION OF THE NE 1/4 CITY OF HENTOi'T, OF TffE NE: 1/4 OF SEC, 'U'TN',,,",,, (;QU"NT''?"", ':' '.. .1.'\,11' \.,;f -_ .1 , . ' , . '.' " .. . .. '., "-) T. r::: •••• '. I, • _.~ "J, liNG. oE. ".W. JM. ''', I' • I ", . -C; . . .' '(' :, . . ...... WAuHINGTJN .... . ..... . . . ", ... . . . ',' . , .. .' . ',' . .' .. Dedica tiorl: (Conf,):. . .... ' .. ' ...... . \ . 4 ~ II, I, • .' 'I Acknovvledgelnents . . . , .' .. Knovll all people by these presents that we, the undersigned ow~·e.rs of interest in the land hereby subdivided, hereby declare thi~ to be graphic representation of the subdivision made hereby, a~~ do hereby dedicate to the use of the public forever all streets and a v en u e S rl 0 t 8 hOlm asp r i vat 2 her' eon and d e d j. cat e the use t h.e reo f .... .... for' alI public pur'poses not inconsistent 'Nith the use tl"1el~E;'bf for':: public highway purposes, and also the right to make all ne~essary~ 5100es for cuts and fills upon the lots shown thereon in the ~ clI"iginal reasorlE1ble grading of said stl~eets and avsnues. an~j , further dedicate to the use of the public all the easements~and tracts shown on this plat for all public purposes as indicated thereon, inc1uding but not limited to parks, (Jpl,,!11 space, .... utilities and drainage unless such easements or tracts are .. specifically identifiecl on this plat as being dedj.cated or' .. ' .... conveyed to a person or entity other' tilan the public, in which .. case 118 do hereby dedicate such streets, easements, or: ·.t.r.a .. G,ti3 to ...... the person or entity identified and or tile purpose E):t.s·ted. """" . . ,.,' . "., .. . .' .' . ' , .. · . State of Washington ) ' .. .'., )SC"" '.' •••• I • ,::) .' II. II. ".' rnunty of bnJfJ"1 i .' .... \ .' .' . , . ", ..... ' .. " , ........ ".,-, -Thi.8 ts to cert;fy-'that on thiS·"_-.Z~:::_'_ dc1Y of'f3ei)'*-_,_:: '·~L:"'-. _________ -----, ~~OO?-';{ be fore ,ne. ·~tle' unders i'gned. a r~ot~ .,' PiJb-,l) .. c, lJel~s0..Qally appear'ed _An(le.A±"~sQ.:f:.~~~__ .:. ~ ...... ,.;: .. ' --~.L~ Q~-i!,.1~~_!L _____ . __ . " ..... --.-.> t. 0 m·Et·.kn tll-'Hl t,o . tJ8 the·.·.person (8) \~ho executed the t'or'eg~)'ing (jedica'nqn ane;) aCkrlOv.Jle.~.ged to me that.·-t'lf.....!L\...!,_._::i igneci tile. same as ':t1~'l":>_ "'. ,-free'\1Q,0d :.voluntary act and de.eX! for .r.r,B uses· .. and purposes:· • '~'0" 't':hE"ti.'e-,:,' Q n ·1· 'Ion E' d ' ' ' ... ". '. .. ". . . "".'i " .~l··", c:; <, ... ~ j , • •••• • ,~ ... ,,,.~.,,.,r, ..... '''' I· c ~ , -, J ,'1 f " .' " . J:" <' c.' 1 ·t·, f . ~ d -"00; d .. ,,, ' .. ',j.;': .... -.,' > .,,\il.c)-::> my flc],l( cl.lC OTIC lq· ___ ''''~~<i--3-.""" li('3'.·,,,.,dY d.'! year . .. . ,:;C·· ":',(:>',';';:;':' i'O"" :,~\;I", 1'.'r'l i'" {:on ___ "".,~.::::-----.-.-,-/,---,-.. ,-,:.",.., .. I , ;:;.' ;i,~j .," ~l),~'" ,.! ~ _ I" ",; ~J y ~ IV •• · .... l...,. l-". _ ..... _.--.-_:..::::;:...-_~~_",~.,....... • .) •• • • • ',' ,;.' '~::'",,;,~,.,'~;'" (~ .. ~cil!':.-'-." !",""I'\" (, ~-,~-//'!.n ... _.,,-.~-~ ~ __ ._......... I. I,'.' , .... " '. ·,f-.;:~:T8"':;:' , , ., " . ·.It' \ % N'ot:a r-y PDo'l i c in~-~-n d-f ohi h.~. :J S t. t a a -. tt' e.... -o-::"f- ;;:~ ~" . >~:, /,:?-;' ~ Wa s tl in 9 t o'h, rEO'S i'Q'J:ng at ~ ':1 d J..r 4. .. t~_' AI II··' of _~ "" • I, ?" ,"~ ::: • • • • • '. \~'\.';1;.~ "·ro~'1·r",.':'r· I' II "" • "1 ,,'...., ~', ~ ,·.rn \J" -," "-"" ,_,1 , • ~ , , , '. '.' . .' , ". " '.' . , .. ' .. .' Further, the undersigned owners of the land heraby.~~ubdivided. waive for themselves. their heirs and assigns and~any person or entity deriving title from the undersigned, any a~d all.~la~ms ,'. ' .. 'il,! ,.-.... ,.!"\..'~ .. "''!,.,.-;:..':..,. ~"'> 0..,,',""' ~/' '. I " '1';1 «' ~ <;~ 1!!iJ:~"o' ~ , ,,\ \1 .-.... ,*,'l., "" 1 ","''-''... "ii.'~l~l;4~~T6va s: \ '\. " . for damages against the Ci ty of Renton. it' s sucq:essor~:l·,'antf··,' .. assigns which may br occasioned by the establishment,: "', construction, or maintenance of roads am] or drainage 8;ysterns . within this subdivision other than claims resulting fro~ " inadequate maintenance by the Ci ty of Renton> : ""'" Further, the under'signed owners of the land herebY .. ,sLJbdivit;i.~d, :: agree for themselves, their heil~S and assigns to irf~emnify a·r'~Q ... :.· hold the City of Renton, it's sllccessors and assigns·(,. harmless" from any damage, j.ncluding any costs of defense.,. clai'm,\,!d by per son 5 with in 0 r with 0 u t t his s IJ b d i vis ion 'q:1", ha v's . jJ e en'" (:: a used by alterations of trle ground surface, vegt:; .. t'Eltion, ·d,..;.t;l',inage-., .. or sur'face or sub--sur'face water flows wHhin ..... this sub[liv:'('~ion ·or:-... ' ... . bv estabJ.ishment, construction or maintel::'ance of there raads ......... . wit h i nth iss u b d i vis ion. pro v ide d , t his ::wa i ve ran d .. indemnification shall not be construed pS r·ele.a··s··lf.l,Q the Ci'-ty of Renton, it's successors or assigns, ,trom l:.iabiI-i-;ty for Q.amages, inc 1 u din 9 the cos t 0 f de fen s e, res u 1 t i 0:'g in wh ole 0 r···, ill par t. from the negligence of the City of Renton, it's su~cessors~ or assigns, • '/' •• I • " I ' This subdivision, dedication, waiver of :claims' agreement to ~old ha!~mless is made f-vi th the free consent al1-d i.n· accordanc'e wi t\:; the .. . desires of said owners, .... in wi tness whereo·f 'Ne set our hands seals: ". by: . ' . . , . .. . . . ' .. .. .. Acknowledgerrie.g~s: . . state of Wasllington ) ''', . . • I .' • . " '.' , . , . . . . . . . .. ' , . .. ' . , .. . . .. .. .. . .. .. .. , .", . ,' ..... .. ,.' .. . '. . . , . . , . , .. , .. . .. . .' ' ...... . . , .. " K ~L.. ) SS ..... , ..... County of . 'AlI.YJ ,'.,..),.. . . ...... .. .. On this ;a.:o. __ ~ ·daY"·GJ.f~IA~~ :: , 2004, before me, th~ lInder~ig~ed, a No·.tary P[j.bJ.ic in and :.for, the State 0P;~~hirlgton, duly commIssloned an~ sworn, p9~.sonally .:appe8J'ed~lL ... ,I!..._ to me pe rsona 11 y kno~ . (01'" 'Ar.o~.E!n.o[], the .. bas i::i 0 ('.::Hl-t.i's F ae to~y e vi dene e) to IJ8 th~ m6( i:£J$ of'· ".Q;;Ail. ...• , .... ~ thE;; cDrporatlon tllat executed the within and foregoing 'li'lstrument, and ackriuwledged said instrument to be the free and vQluntary act. and deed of sai~ cOI'poration, for the uses the purposes theq~l·p mentionetl',· .. and on oath s·tated that he was authorized to ex.e.cucB· .. said instrlJm.ent and thqt the seal affixed, if any, is tile corporate: seal'··of said cOj"f;10ration, ... WITNESS my ~andand ~eal heretQ affix8~·the day and year in this '. '. '. , , , , , , .' .' , ,', ". " ':. " 'I • , • • • -.. • .' •• " I ~ . City of Renton l:jlinance Director's, .Ce:rtific:ate: "" . ....... ., I her e bye e r ti f Y -t hat t h.E;: r' ear e ho del i n q u ~ n t s p e.t i a 1 ass e ssm e n t s for 11hich i:he property subje·c·t. to thi's,·,'.subdivision ma'y be liable to the city, and t hat a 11 s pee i a I a $-s e s 5>l1e n t S 0 ri··. 'pJJl y P r' 0 per t y" h 8 rei nco n t a in e d dedicated as streets. ·.alleys;· .. Of' for ·ar.;;t other.·,publ ic use have been duly paid, s,~tisfied, or di~chal~ged,"··.~.his ,,~-:,···,·.·0.?·Y.·'Df .~'/t~bt,&ff· ,2004, !} ei'..,? . "". " '~./.f (::,4--f.·~·twiZq.;,ti?-' . ','. . ' ... ------=--..:--. ,'., ~-..&;-~~------- Finance Director '.. .. .. ,'::. ',"',. " " '.', " .... . " '," '. '. '.' ,': ., da'Y·,',.? l' .' " · .' .~: :: ..... " ":1. • • r;c7:J,'YJIc-e G . ,; '''''''''' . 2004, ·/;faot~ ·;q~)1X41!1:U d Deputy, f<ing county Assessor ··'·· .. ·· .... "King ·C·o.~~nt;·'··Ff~~nce Division Certificate: ", ,'. i'hereby c~~tifY that all property taxes are paid; that there are no delihquent sp~~ial assessments certified to this office for collection; ··: ......... · ..... and ti'i-@.t all spe.c,ial assessments certified to this office for collection .... . '·f).n any of. th e prQ'pert y here i n conta i ned. ded i c ated as streets. a 11 e ys, .. o~.'" f.hrJi.an·y",.dJther, .. pub,.lic use, are paid in full, this<rk day of , l \1 .'., if "'~ • r,n 0 4 . .. " .7 '-=) • },. ,vi,,,,,!-. ~".~ c.j...J :. I. '.' . • R " ,. ........ .','. \. ~,...." • 'i" , •• • • • , . ""'-~'''hl''1 A' • ". :t ~q /~ '.' , '.' •• '. / ........ ~ ~..,.~"~ ,."....",-, .... '.' f( rq,..<'\ "!,, ,/' .... ,"7--£~. 7~..., P r-- • ~, ~,,' .... { ""t, LM..i:: ,,/~~-.<,c,..A:-... ,.> 1 ___ ._.~ .. ' ,?",<>,"(':A.~ __ ... , ___ ~ '.' ."",.,.,,.P' __ ~ .' t' J'-:. ",-:t..~.. ~ _-_.~--,.~ . , " Ma~g~:r' Ft~ance Cfi \('1,'~ .. ~?t1 tlepLlt y /? / .' '.' . II ' ',. I . ..... ". (// , .. " ..... .:: . '. , cert i ficate .. ab. Q.,V:~;,;~.'r"l'~ttien ...... '.. A! . '~:''i'' _ .. -' .-':'::.:/~ ...... '\ .... ,' 4/.:'\1,,'~;::):r.-1/ .' • ~~ . .L4JJiS3L-J.i:C:1'l'!="":'!~' .. ·;(~,,,t~:·':·i:-\~;;';~ "~;;':'~~';I' iii • N~ ttr'yIp u ~i nan d for t h eSt ate ,~: (r-i"'j?t:;':":';io,;<2~,;::,}~~, '~/ 0 f ~J ash in 9 ton, r 8 sid in 9 i ~ KCM..""i'~_ ::~. :O!,'J'.,;. ",-~t. 1,!",. '. ,; ~omrni co '; on exp il'eoco ' ttdi.~ ... ·CL~ ;, .' .:(,1. ',",:"'.':;~:; '::~i. ", _~'.. . G 0_. ',-:)'~' .' . -' . "-------- . ',' ,': ';'(~\'\ '\. .? ';;"0 ,-'. • • • Print' Notary narn-e-----·-- :::.':< i';~~~~;'~:,,~:;:~~~:~~~~~;)~~/:·· . ...... .. '.' ." State 0 (: Was h J.'ng:t,Q,~\::, :.:,") .... .. " . .'. 1 SS '. . , .. ". · · . " .,. . . ' .. ',' . '. '. '.' · .' . ' . . . .' C t .. f J//.~:.: . ".' ') '. '. Dun y t') ~ . .' \-"-'_. 17:;-' j). " :, On:,th~S::~~ d(:l.y of ~~-.J ___ ,,_-, 2004. ~ef?re me, ....... .. the '-,Jnderslgnecl.~. 1;;1 P-lqta'r'j Publ1~ In and for the S-cate of Wasillngcon. duly corniUissio.rl'ed (3'-nd ,sworn. pefl'sonally appeared5ItNb~a.. :.:r ftlQAJtU me personally known (or .~roy,8n ,on fo..elasis. of satis'factciry evidence) to be the Its.;,j-:: M91 'IJ·.f.cJ~(,,;t;.:.·~_W&...('. the corporation that executed ths','within Cl'[ld r6Fegoirig insfr\ilnent, and acknowledged said instrument to be-','the'tf,ee and.:··,ioluntar'y act ,'pnd deed of said corporation, for the uses tf.le purpose.s ther::~in mentione-.d. and on oath stated that he was author ized t.o exe'c::lJ.te said 1Rstrument and that the sea 1 a f fixed. if any, ii~the corpo~cit? ~~a~.Q~~s~id corporation. '~ITNESS my M~Qd and'~eal hereto affixed the day and year in this cerCi Ot;:,'?te above' wr,itten. . .. .. .. . . . . " , .' ". ' .. · .' , . . .' .. . .. " . .' R.ec,ordBr s Certificate: . , .-"'", . -. .".-. . ... , .' . , ,.-:: , .' , Fi~J.pd :.'for r.'ecord at the request of .the City of Renton D·cS .day 0 f.' O(~--r-, 2004, at.!~ ... ltr .. M'L'l1inutes pas t and··.r:ecord~d ill volume ttZ2.3 of pla1fS,' pages OQ1() ~ records of King County. Washington . .' ," .' "': . this '.' . " .",. -".'" ',' ..... Oivision::,'of Ftecor'ds and Elections .' . , ". . '" .' ': ... . . . .. . , . . .... Manager ' .. Superintendenf-of Records ". ' . t·6,.)l.d Surveyor' s Certificate: " .. ,'.... I he~·~·tl.:y. certi fy that this plat of Par'kview Homes is ....... base d on···.'\3(l ae tua 1 sur ve y don e by me or under my d i ree t superv is ion; ··t.~at the 060r ings and distances are silOwn corr'8ctl y; that the perimeter mcrt.1t,Jments j1'ave been set and that a 11 other monuments and lot corners hav~~bsen·~et Dr bonded with the City and will be set prior to the release·.·.o:f the bond; that I have fully complied with all State and County r~gulations governing platting and that it conforms to the approved preliminary plat and the conditions of approval thereof . oods, P,L.S. 38965 Date INDEX DATk .. ' '. ",', ' ......... . ... 33701 9th Avenue South Federal Way, WA. 98003 NE-NE 05, T23N, R5E, WM I " '. • ",' , . '. '. • 'j II ,. . . , .' .. ... ' . . '. .... ' .. , " . ," j II •• '. , ... ' . ". '.' , . . ' ,'. . . .. ' . . .. . " . " ,'. .. . ". :.' .' . , .' .'. . ,', '/. ' . ' . .. . ". '.. . .. • '1'. . ". . . ' ('.' " LUA":'=,"04-07'l-FP LND-l0.-039.8 '.' .. '.' ,",., " j •• '. .. ' , . . • "0' .. . . EXPIRES 5-23-2005 Pointe (253) 661-1901 Surveying DRAWN BY: J Kies~~etter CHECKED BY: S Woods August 1 1. 2004 JOB NAME: 1-------.:..-- DATE: 2225 2225 SCALE; NA JOB NO.: SURVEY FOR: Mark Rousso 4734 Northeast 4th Street Renton, WA 98059 KING COUNTY, WASHINGTON SHEET 1 OF 3 .' . . . .' . . ' .. .' . p i~ PO RlT' 10." 'N' (0 F".'l Tn-H-F; -!\J'i:j' "'J, / 4· 0 Fl rflHH-; '_[\TR ',' .. /i4 0 'f11 :-::; Ee, . _C'l \. _" _ .. " .r 1 .... . .... .1 .L.iI.:J , I ~ ,. 1 -'--' 1 ~ I ,t.~, ('i fT" T 0 r.1 R Ti" N'TIO N J.J. l. . Ii 1, ,1...1 _ '. 1 ~ , .. KI1\rG C 0 UNT~'{, .. .... . 2"::lN ."", :"'d. ; .. .. . , . HNG. 5:8;---··.W·, M. ,. • I ·WASHING·TO ~~" ' .. I •• ""1 I. • I ". .... '.' ", " . ... . .' .. . . . . ..... .. . . ' . .' .' .' . . . . " . . " , . '. . ' , LegEll J)escription.: Thp East hal f o'f l'r'''''t C)'':l~; C r H1']] IT' sr') ',-'a' 'Ke l'i""-'lJ'-lg'-nn I -' .• ..... (':.I'. ... ~ c_c..~:J~ .. .1 ". _ $G ~::J t._. (ovl.l, c...., . . .. . . .' .. .. " . ' • I'. ' .. , Plat N'otes: .' . .' " . .. , . .' . . . . . . '.' ..... , .' . ' . • I • I • • • . ' . . .' .. .' . . . . II • • '. . .' Garden of Eden Addition to Seattle Division No.4, <'lccDr'oing to till'; plat thereof f"8COf'ded in Volume 110'1' Plats. Paga 82. in i<ing County. ~'JasrliflgttJn. .. . ' .. . .' The monument control shown ~~~:~his site ~~~ accompli~h8d tJy field t.f"8VerSe util:lzing·.'a O~6-... (l) secon . ttl80do:U __ te Wittl integral eJ.ectf"onic d·j'stance ·m,(i'.asuring :rnet~e.r .. B·· ~~.;~ .1 C,\. ..::, .1 .. _ of Bearirlg: True Norttl. Based upon GJotJElJ Positioning ~3yst8m (GPS) L.amber't Gr'i.cI Wasllington State I~of't:h Zone coordinate:::~. A convergence angIe of 01 ·00'24.745" counter· .. clockwise was .' .' I .. , , applied at an "X" set in a 2" diometer brass disk in a ... ·.·.· ... '. .. monument. case at the intersection of Northeast 24th ..... . ...... . , .. .. .. , .. , , , , . . .' .' .. .. .. .' .' .' . ... · '. '.' . ' . . '.' ..... . . ' .' . . . ' . . . ' .. '. · .' . ..... . (Geodimeter 600) ant] Real ·:J.,irne fOnenint.ic (RTK) 1·· ... ~1t·Eitic . .' G loba 1 Pos i Uon 1ng System (bPG). Li ns·a-r. .. cmd ang~.Jl·Gfr" .... c lO:3Ure Clf the tr"aver'ses meet ·the standards of leJ:4.C .. 332-130-·-090. ". .. ". .1 I I . 2) ::: Fu 11 f'e} i oilce for 1 ega J .G!o1:.;£;·/,': _~ p.ti on'5;·. and f'ec ord81:! easements .. iliJVe been placecJ on the.··tiUe r'eport f'.r-;om Pacif:l.c i'.lor'thwe::.lt .. Tit 1 e Im3urance ComparlY CO!T1rnJ. trnerlt-·'·;'Jr'deF-·. ·.t,lo. 5.5702], .. d -at-e d Nay 'J 4 ":)004 'Ntl add -1 +, on d 1 r'p ": (, ar~ [';11' .Io'·asb ee nat t enl~) ted. • • c: __ , ~ ~ c ..., '.... . _~'.I.' r: .. ; i-' . ( ..I •• 1 .J '-t . ..:.3) Offset dimensions srt-own her.~!;J.r':\ ar'8 mea'~ured perpendicula,~ ::. to property 1 ines. ::. ::. ":",. '" , . '. . . . ." . " . ... ..... .'. 4) !\ Dec larat ion of Joint Ac€ess, U·t'il i ties'. and Ma intenallce aqrezf!Jlt .' . Street and Edmollds Avenue Nor"theast. The No!~i::h '. . .... .' . American Datum of 1983/1991 (NAD 83/'31) grid coordinat.es ' .. I'lere found to be 190155,783 / 1306224.718 at trlat ht·Oint. ". The tnverse of hot.h the sea level correc!:ion factor of ' .. 0.999988168 and tile grid scale factor of 0.999997554 '/'Jas.-·· ........ . applied to t.he grid coordinates for shol'lIl ground Y·istanL~·Bs. . ..... . : • I . . Control .', I MOIlurn.en.ts: '. , ,0., • • I ..... . I City of Renton control point 1837. Control point lGB7 was found to have a Lambert grid North zone conrdinat~. '.' . . :"::.' of 190468.590 ft./ 1306227.672 ft.based upon tt~.NGS ~~~d. '. • • • • ,', I, • • •••••••• , , .' City of Renton control point 3G9, Control.-p·oint 369·····.·. . ..... \-Ias found to have a L.ambert grid North zone coor'dirirJte·····.... . ............ '." of 189091.951 H./ i306215.;~~19 fLbased I~~'onl:he NGS grid'.. . .. . 'Utiltty Easerrlent Note: , " .. .. . . '. ' ••• ,I, ", .' . .... , '. '. '. ' . , , An easement is h8reby reserved for and c''qnveyed to the 'I-Ci ty o'r Renton, Puget Sound Energy, Inc., QW8St Ie 1ephfj-he Company, ; Comcast Television Cable Company and thei~ re~pective sJccessQrs and assigns under and upon the pr'ivate straet'6. if an.;x, .. ::::lnd t~e ext.erior ten (10) feet of all lots. tracts ·a.r.id space.:;} '\hthin .the plat :lying parallel with and adjoinj,r.1.g .all streets i',n which t'o contruct, operate, maintain, repav'-.· 'r'e'Place and 8q'lar'ge .... underground pipes, conduit, down guy anch-ot--s. cables and wi'res with a 1. 1 neces sar-'y or' c orlV8n i ent under.ground or' ·gr.ound·-·rimL\n teD ..... appurtenances thereto for the pu~pose of ser~l~g thf~:~Gbdivision and other property with electric·: g8S. t.elephone..and other utility services, together with ~he right to ente~·.upon the streets. lot~3, tr'acts ami spaces at all. ti-rnss f.(;l.!:",'.·.t.he purposes herein st.ated. Access Easernent·: . . .'. . . . . . •••••• '~., I' • '. I. . .' '. I , , , .. .. ' .' .. . . .. . •• • I ••• WHn8S~3etrl that said grantor (s1'-: .. for val'~'ab-le conSid~ration. i"'8ceipt of which is hereby aeknowlRdged, "'hereby grant~ and conv(:?y:,; an access easement over. acros",·,. and (jP9.n the pr}v~t8 dr'8inage easements shown on tJ18 fQ'ce of. this p·l.at, per an·.e.ngineer~ing plan approved by the City of Renton::a Municipality Co~poration of King County. for the pr.d·ject knoi41l, as Par'k.xie11li H9.mes fOI' trlf: City of Renton as grante·.~. to entef'· .. upon sa~d eq'pciYIent (s) for the purpose of Observing and tnsp8cting t.~.e facil·.:i:.~~8s to assure that the ownel-' (s), their' successo~s and assj''9ns, ar'0' properly oper'ating and maintaining the drainage facilities pwrsuant to the above referenced Plan and contained I-IHhin said . (-9'asement area (s) . . .. .. . . . ,. ' . The covenants her'siri cci~tained shali run wit~'the land and are bind ing upon the gr-.antor (8-1. its he irs, . and .:a 11 su.bsequent owner' (5) the reo f , for eve r. :'. ". '., .:; ','''. .. ... . . · · · . . ' .. .' "' • " " '. I. " '., ••• . " ", . .'. '.' .'. . ' '. .. .' , . '. . . ... . .. .. . . .. .. , , I .' . ' . .' . . . ' . . ' . • 1 •••••••• ' ... . I . , . . .. , ,'. .. .. . " . .. . . . . ' ", .. ' .. . . . ' '. '. '. . " .. '. . ' . ~~--=~~~~: .... , '. . .. .' . '. ..... ----... :. NE:J]"rFr '''T ....... \ ___ !---\'. '--I ~ -r-'~-~ .. J:~ .:.. '-'\\': -i " II •• I -:..:.. .<'" • • "-', I 1f--f--_NE"","",,"24.TH __ S_T ___ .,.f.: •• ..--. -.f--!,''':''': '::., I :: . . • • W:z: I. --'1-' .. "" .......... ~---~-.-.••• " 'r- ,': .' ~ lU,'. ~ ~. NE 23TH ST .. --:"~' • tJ1'. rn • . . <l. •• ' f---. " ';2!:.: :z: "! ~ '. J''--------~ '.. '.. ~ -~~. i6¥~~S~··~~~~~···· . .-.~ ~ -'.. ~ I I ..... W V t '\ 1 . ....... . :.::: ~.---(L ~\r- g-:. I / o .. V .'. t , Va" ----v-• . -I. . . . r---, .' .' '.' .. . .. -• !.J-;---t---'---....J •.•••••• ' ••••• '. J~~.-.... , . ',:: ·· .. ··L -j ··~ __ ~ ______ ~~ ____ -L ____ ~~~~I v .. .. . . .... : ........ · .. ·····:.·......vtC1NITY MAP . .,'. ..... : ... ···· ... 1"= 1/4 mile I' . • ~' •. ' I J '. " ..... ,', I .If ~ . . , .' .. '. '.' .. '.' . . .. . ...... "..... has been filed under.: Kj,ng"'~:Junty R'~corclif\g No .. 200~J.Qt~~J,JO:"" (1' • : ......... , • • .. .'. • I' , , , I I .' , '. "1', .. " .. , '. 5) The O'rmers of t.lle lcm.d embr-a'c;--r;:d wit!:1in th-is plat, in return for tile bene fit to ac c rue I .. ,t rom ttl is', ·.s.y.l;1.d i vis 1'an, by sign i ng hereon covenant and agree to c..:;mvey the' D'ane f ic fa 1 interest in the new private eas~ments s~Qwn on this pla~·to any and all future purchasers of .':tHe-.. lots, df:.,. of any subd~Yisions thereof. This covenant shaH f"un .... I:Jith the·",·.li3nd as sf)Q'wn on this plat, .' 6) The Oil'Jner/d~"veloper, "·5I:1.a11 def·e'rid'~·".·-:l·~de.mnjfY and 11Uld the City of ·Pe.nton. its".qffic.l2r's, officials, employees and vo] unteers hai'in.less from "any .'a'nd alI claim, in j ur ies, damages, :Losses ·o.r suits iriC-,ludl'q.g attorney fees, arising out of or in conn~ction with the tbmpletion of all required public f8C1~jty improveme~ts for this plat. The CitY,· .. ·fj 'financial 'ci',iligat:Lon t~: construct any default pr'ivate-,'ut'l·.lity facilH·i'.t\s and pub·l'-:i.c infra5tructure for' street.s, watia-i;' ut2hty. 5:anitary SE!WR[' utility. 01--storm water~Utility"syst8m is l'imited to th~ face value of the bond ~he owner/ijeY81oper~~as posted i~ lieu of the requ i red pub 1 ic i mprove.Ulsn-t,·" /Jia.·, Cit y t;eser yes its un i 1 ateriil'.l r igh t to'· ~ 5'.tcib.li sh,:.-thE\ s chedu 1 e for construct:l on of default~4 plat inf~ast~~ct~r~i. Thi~ statement is legally b i fl11?,ng upoh· . .,the heir'S, ancl!:.or a~?..ign~.: of the owner'/developer" su!:rs·(9.E;ljJent prci-p'-?rt Y owners and thS·\i.,r. .f.:ie irs and/or ass igns. .' .. . . ' . .. .. . • I "I' 'I • ..... .... " ... ", -"l' " . . N'otice: Aqu'-ifer ·p·~.ot~·.ctiqn The lot~"··c-.reated ~;·er.ei~·: .. ·f/.o1-{·wHhin '~zon82 of Renton Aquifer Protection ":Ar,ea and a'f,!8 sU'tJ'ject to the requirements of tli8 City of R81"]):00. Ordin·an.ce No. 4667 ancl'i·.as amended rJY Ord tnance No. ~ 7-4~), .-. ;f.h i·.s city.::s sol e S'I:.H.1 r' C c "·i'):f cl r':i n kin 9 wa t 8 r i 8 sup p Ii 8 d fro m ..:.8' shallow ·~1'QuHE1r".ullder ·~·h8 citY:::hiurface. There is no natural .,' barrier betwB'.em ttiB· ... wate·r t6t.;J.le at,..d ground surface, Extreme cape .. should be 8xer'~ised 'VJtJ~~' h5fld'1'·Hlg of any liquid substance other than ... water to pr.:otect ···f:rom::CDnt'a.·r:t with tIle ground surface. It is the,'.hcrF11I.3Dwrier's r<[;')spons ib q H y tu: protec t U18 city' s dr ink ing water. • • • •••• _I' ..... .":. 'J. '. .', • '" D~~ainal3e E:aSerrl~;"A't f~estrictions I I · , II. .' ,1 • • ...' ...... S.t:l'UC tures.,.:::,·P i 11, .Dr obstruc t ions (i nc 1 ud i ng but not 1 i mited t.o decks.:·:patios, :.outbuildings, or overhangs) shal1 not be .. '.' " permittee beyond ·the bui lding ,';ctback line 01" within the drainage ........ easement·s. Add HJ'ona 11 y, grad 111g and construct ion of fene ing sha 11 ··.~!ot be .~11Dl-'Jed .l~i thin the drainage easements sho);1Il on thjs plat map un re-s·~ .. otr,ef"wise approved by trle Ci ty of Rent.on. . .. , . ., · .'. '.' · .' .. , ~' ............. , .. . . .' .. .' .' .' , .' .. .. .' .' . .... . . . . .. , ......... . · · · , · , . . . •• I' • :.' • '1'1 I . ' ' .. .' .' .' . . .' , ',' " . , . I · . , . ' . .... ' .' . ', . · · .. , .. " ::"1 .. " . . ' . "'.' . " ...... ',' • • ot , · .' . ' .... II'~ .. . . '. .' .. . , .' , "" .. . I .. .' .'1 I .' ." . . .' , , • .' I .' . .' .' .. . ' . ' . . . .. ".' · .' .' . . .. ' .. .' . .'. · .' .' . . . ' " ' .. " . '. 1.1 •• ' .. .' . ". .1·.· . ...... '.,.' ':,.,. .. . . '.' ..... .'. '.' .' .' '. ,'.' .' ..... ',' . · .'.' . .... ",', ...... .. ' . '.' .'. .'. ''','' '.' ... . ' .. ". '1 ", .' .. .. , . .... ", . • • • " I • 1'1 .. II ••••• • • '1. .' .. ' . .. • I, .. .... . ,', ':.' .. INDEX DATA: t . Centre 33701 9t.h Avenue South Federal Way, WA. 98003 ....... Pointe (253) 661-1901 NE-NE 05, T23N, R5E, SURVEY FOR: Mar!< Rousso WM ,-I ',', ~':. I ." •• ·f. Surveying 4]34 Northeast 4th Str'eet Renton, WA 98059 I, :,1, I, II . I'. '. II __ " _ '~·"~i·' ••• .. ' . ~.. .. . : " .. -" ---i" • I • L lJA·.-. 04-·, b'~l-FP .. LND~'10-0398 .' .' . .... .'. " . "'/ :.: ". -'.' .'. . · ," .. EXPIRES 5-23-2005 DRAWN BY: J K i e s \'18 t t e r CHECKED BY: S Wo 0 d S I--~----------,f-.----.~.--------j August 11. 2004 ')OB NAME: DATE: I-::S~CA-:-:rli':--•• -----""-1"= 1320' JOB NO.~ 2225 2225 KING COUNTY, WASHINGTON SHEET 2 OF 3 . .' , . ",' . 1', I'..r';I-;-ll"\!\ ,\ .'''', !j L.! I ~ 1'~ J: I \ \/C); .. ·~-':~".'~C~ 9~'~1 ~) ,'\C;C'. '~"',"': I ,,;-.... \ \ ~ ;-\ -: '-) ,. _ ,-J. /. . FerlCe 1'" (1.2' Nor!:,", L. \j I .~ \ ~ ~.,. <"'<::J(9'5Yc'~~"~::-1""" "'1' · .' · .. .. . , •• I ' • I . . , •• I. " ,', .'." ,', " " • I I' I .. . .' '" ,'. '. ' . ' .' .' .' . .' . , . '" , .'. '.' at fl!'Oper'ty corn"r ;-...... ;:)u :.J 0 / ~ \ '-o.~ ... -. .-..-X-.--------lIllJ-~ ....... ----.. ·~,1,\, -~~' -~)(,..~'...>..-~ID . i-..... 51. . 00 ' 6' wood 75, 30 ' I O.2'N~ , .. :L-lJ A -·~'·O.4--O? r~"·.Ff) ...' '.' .' I ;s" fl O.4'j'J .. . LND·~ 10-C)"39.8 I -<;r . LD The west line of tile East tldIf cD of Tract 223, G,D. Hillmen's . __ ~ (JJ Lake washington Gar'd~n of Eden Add itian to Seattle Di v Is:tun No, 4, I I I I / . . ' ___ 1 / I \ , \ / " \ LOT 9 1£{;);:'4/ LOT 8 rg"[~] 0) iJ.7 :i. .' o o a .. ' .. .. I' ',~\. 'T' -; • I.L·_ \.../ I I .' . .' . '.' .. ". .... ". . . . ,'., '.','. ,. . ... . ,.,'.' ..... . . . '. .. , .. .... '1 ',' • .... " . :,. " ',' . , " " . '.' , -"'" . " , . '.' . "'" ,., •••• ' "',/ I '. . ... ., . ...... . .. '. , ',: . . · .' · '. .' I I I C1J en , .... '.'. " I, '.' .... " .. ' .... /', .': --- -'--1 o .,.., co -1"- ill o [lJ o NB9 0 29'06"E·ll1.30' 0 .... • ,# L I r.-' L_ ~j , . . , . ,', '.' .. . ' .. .. .' .' .' .' . . . ' .. .. . . .' ','. .. .. .' . '.' '.' '.' .' .... .' , . ' . , .. " . . • ,',"" ,:.' •••• 1' ". ' .. .' ,', .. ' .... '01 •• I \ ... .. 'i: . , ',' , a .. J .':'0 I' .. .' C:"1 ~ ..... ........ .. ... 0.6 ')<1/ •.. . ' 0.6' E .' " .' . o 0- .' .. .. . . .' ... . ". • • I' .. " .' . .. ' .' " ','.':,. · . · .. o o z .,' ~ I I . , , . 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'~~~~,':.': N8~i,~.2~'.06" .. E 111.29'_ :,8-:-:= 'yq.t y of 'R.~!1ton if 18~~? .' . '. '. ' . '. .' . ' . '.' . '. ',' • I .' II , .. .. , .' .' .. . .. ' .. (' . .. . ... "' ',', '. '.'/, '.' '.' . ' . .' . . . ,. " 01,'1 ' , '0" • • • .... ..... • • 1 '." '.' <". . J :;l:i;l:,.rt ig, be ~ ~"h",g i. 2' . L2 E ···f . '. .... ..... ". . ·H. .' ..... '. . :):. :> .... : .. Le g end: -'. ---.'~ '~"," . .' . ' . .' .' .. I. '. ., . '.' . . " . ' ... , , I City of ~entQn l"'i'=~=f'-.' ...-... --:--.. -\!f'"'-i.O·E :. l. .,j:Tl· ...... :: "~" 'I .' ..... r-' ... ~' .. 'r; ;.' ~ ... Z ,::.".. :. ..'-~9usnldtemdoAnupmr~nl t 2 a7s 2~oO·Ote4d . • ':'(1) 1 •.... IDee I. < .. " " ..,', ".' v l' 1 , -. . I'" : ~F __ , ~_ ~ _ ._. • " I '/ •• ' • 'of " 01 I. • • • "'?I\ • • • • \;r.J. ..... ,.cr) , . . ' "'" , '. " • II .. . ..... .' . . . ' .. .. . , , , . '.' . I .... I .. . . S'" [IJ' • • I'.' .... . .. . . . ... .! :: ...... ',. ' _ <lY "', ..... ;:@) -Set 3" brass disc with ·X" in 4" concrete post . x 4" I· . . .. ctl , . . : ........ I .. ·· .. U :8 I .. ..~ di " ~:: .: ':':'" """ I House to rema in . (j) .. .. ••• ~.. ~ • .' ~ Set #4 rebar with yellow plastic cap stamped "22338/38965. ,. . . . ~'" I ' .... ,', . .. .. .. .', -:..: ..• ~. -_.-~.' ' .. j. "'., . " .. · .' ", . . . . ' .. I : LOT 1 ~ .... . .... ~ ~.' ~. .. , /\ I ~I ~ .~ ci :. 'iD ,II" . .0 ,/ , .:: .. r.'.... . .... ~'" -<G .', ' .. ::.- ." . I '. ED • ,r-. I··· ..... • ' • ," I' '. '. I . .' UJ • • • •••• " I • • , ;. .. '1'.. . 1',<", .. . ••. OJ 'vq.. ..::.' :. : I. '. ,'4,.. \ 'i?1~ -<;), ':'.:. ".£,,1 1""1""!' •. .' .: •• , .' • ¢> '" '0,",.-, V .' . Found 2" '·.brass '}>j i st:·l :::", ;r ~">~'----5-7-2-'~'~ -=-::0 -Jl," '.' . 0', J"""i "': .. ,':, ••..• . t h "X" . . d' . . ,-. . 0 ". '., H Wl_ ,', Inca~e ,.: I .-:.', J..,:40~'262.1,:, . ..::;.;.e~<P~'r-:-~:-::-~8~~~'~~:;-:;;""'~~~t\-__ ---'.---;-' Z ".Q · . . .. . ' .. . -':"'..---,;"-~:.-':'.'. -~~.:.:..... --:01 ::. N8Bo06'35"E 125.33' Gae ..... 0.1'S 0 •..... ~r-.. . .... .. .. ~.r-': 8. 22' g I; O. 3' VI (T] .' .~. "l 'U' ....... "';., . '-.','" 551,65·;·... ." v •. ' < , .' .' .' .' .... '.~. --~ 653,25 ' A .. -. -. :1'(~' "" ... t:-i1...... . ............. . ~\r--...... N-aa.o.O~.~-5,..:...·"-@E~--1323.13' .'. '.' · c'. .. . .... • . ;:-. --':·Pi:J.u.nd 2" 'b't ass dis c N:E······ ..... ?4th·······S .. t .. re e t ~~~~d,,~::. b~~~~s~~~c i'--01 with·;."X". ::incased. ~ '<tco BaSiS''-:.9.t-::.Bearing point. , ", ...... .. .. East 1/4 corner gjfcj '. .. . . ' . .. · . · . . .. · . ",' I .' .' . . . ' . .. , . . ' .' . , ' . I • "". .' '. '.' . , .' Sec. 5, Twp.23N. • 01 5 W U 0,,1 R n 9 . E, . IVI • Q I Found 3" brass disc z ~ wi th "X", incased. ,/ City of Renton # 369'~.1 514 ••• '. I, '. ' ••• '.' '. . .. . , .. ~ Centre 33701 9th Avenue South ~ Federal Way. WA. 98003 '.' .'. .. ' .. .' ." " •••• II ••••••• " ',',', .', , ," ., . ' ... • r .' . · ,. '.' " .' .' . '. ',', . ' .... ; '.' '. ,',' .' . .' .'. '.' . . :{SCALE: 1" = 40' . .. ' .. . " " . . • .' I' EXPIRES 5-23-2005 ,. Ii ~ p" t (253) 661-1901 ~ ~ ~ Oin e Surveying I--------.. ~----.-------------I DRAWN BY: J Kieswetter CHECKED BY; S W 0 Dds --------r----~-------I August 11. 2004 JOB NA,\lE: 2225 SCALE: 1 "= 4 a .. JOIJ NO.: 2225 House Aejdress Total Acreage: OVERALL -76890 SQ, FT.! 1.765 ACRES DEDICATED RIGHT-Of-WAY: 9710SQ. FT.! 0.223 ACRES lliDEX DAlA: NE-NE 05, T23N, R5E, WM ----1 SURVEY FOR: Mark ROU550 4734 Nor'theast 4th Street Renton, VIA 98059 ~---------------------------~""'~'---~ ·KING COUNTY, WASHINGTON SHEET 3 OF 3 .. ' .. .' . .' .. , .. , .' .. ..