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HomeMy WebLinkAboutLUA-05-115B4 " 19 '04N RSE W 1lI2 1/ Y ------,-_____ ---1 <, _ ......•... _. __ .-...... -._ ........ "._ ... __ ....... ---... ,.-........ ~.". CDR e ZONING + .!R + !'=. TBCBNICAL SBllVICIIS - - - -_tan CiV Umi", C4 32 T24N R5E W 112 5431 I g I i I I I I ~ ~ ~ i ~ ! i ,., ~~ n 155~ If -~ ~ ~II '-I'!I ! J~I II III Iii I I I I I II / / I / I / ~" / / ! /;,0,;,.-", (i---f~" (~. ~9 J ® /l/ i----___ --__ 0;,(& 'P'II/";i (HI /' I '/ I / //,'1 / / /,1/ / /,/~f;~;,:: __ ~,f'! ,~",p, " . ~--iT I' '", I . / I, /I!,i / (" "',"_, , :" ./ I'{ ~,~./ ';:'~~"O::-~~':T"_"'_"_'I_ ,...::: '-':--T-:-:::;;~'--'-""'-r"-"~"-'I'-"-"-"-T'-"-"-' ':h"~I' 'IJ. , I' ," ,-I ' I r I, I I, : /ct'//.!', I" ---I'''~--''--'" r-, "-'---"1"-'---', , ____ , , ____ , ,-; __ , I' I '. , P" :t' 'I' ' , I ' , " I I ' I, ,'-/ ,j" ,I,::'/r'l rt·~, III LOTO' I'll J, • 11.1,,;"" • III, wn II I WT • I II WT I I I // -1/~/,:V. / rr? 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SURVEY LEGEND LEGEND SET (5/!I~ R£BAR " ~ roUNO REBAR AND CAP rOUND IRON PIPE FlRE HYl)RANT eJlTCH OOIN TYPE I CONIre:R TREE OEOOUOUS TREE STU.:L F'Et-tCE POST unurt POL[ W,t,TER lAmR W,,"TER VALVE ca TY1'E 2 SANITARY SEWER t.lANHOlE YAAO ORAlN ~DGE OF -.sPHALT HOG WIRE OR C~N UNK fENCE ,&S NOTED CEDAR FENCE UNE ROCkERY EX. CONTOUR - - ---- - -PROPOSED ROW EX, ROW -•• -•• --.-•• -PROPERlY UNE -----------lOT UNE WATER LEGEND ~ • PROPOSED WEWENT OC EASEtoIHIT PROPOSED W,,"TER EX. WATER PROPOSEO GATt V,t,l..VE PROPOSEO CONe THRUST BLOCK PROPOSED Ttt PROPOSED REDUCER / INCR£ASER PROPOSED w,,"T£R toIm:R J PROPOSED CAP .(i PROPOSED BEN!) .. PROPOSED COUPUHG SEWER LEGEND -.--.--s-PROPOSEO SANITARY SEWf:R -'--'--5-EX. SANITNf'( smR • PROPOS£D SSUH -' ...... EX. SS STUB _' __ ' __ 5-1-EX. 55 TEE f-....... P/'IOPO$(J) SS STUB- fJ-=l Infrastructure ~ Consulting _........ Corporation 1082 Kirkland AvenuB, N.E., Suite B Renton, Washington 98056 PIIone: 425-272,1020 ' Fe", 425-272,,1021 i I I I I ~ ~~ flE~ I ~~ I ~~ 50 ~ ~~ " ~~ ~ ~ . ~I -~ ~ll :. I'!I IIi I~ ! I i g '11 I I I I I i ri COMPETENT SUBGRADE J COMPACTED TO THRU 95:1. or THE HMD MIN. 04' ASPHALT CONCRETE CLASS B MIN 6' CRUSHED SURrACING TOP COURSE COMPACTED TO 95;': Dr THE MOD FIRE ACCESS & COMMON DRIVE PAVEMENT SECTION 8-B DtHlNG J .HT DETAILS PROPOSE fROtITAGE IW-PROVEMENTS 5.5' SCALE: N.T.S. ~ ~ 20' DRAJNAGE EASfJdENT 1.6' " ,. I'S' BIOSWALE SECTION SCALE: 1'=5' liU I ,. I I I ,-()(. I I I I ROAD DETAILS NOT TO SCALE ,ILRN ""-MIN 4' THICK CONC. SIDEWALK IJ/ CONTROL JOINTS @ S' HIN. HJN 6' CRUSHED SURFACING AND EXPANSION JOINTS Ii IS' MAX. TOP COURSE COMPACTED TO HIN 95% OF THE MOD PUBLIC STREET PAVEMENT SECTION 8-B SCALE: N.T.S. rJ==l Infrastructure ~ Consulting ~._ Corporation 1Q82 KIrkland Avenue, N.E., Suite B Rontor), Washington 98058 Phone: .2S-272·1020 • Fax: .2S-272·1021 City of Renton Kin9 County, WA APPROVALS: REVIEWED AND APPROVED BY' THE SUBDMSK>N COIolWITTEE AND HEREBY CERTIFIED FOR FlUNG THIS _ DAY OF ______ • RECORDING NO. I I~~a EXAt.tINED AND APPROVED THIS __ DAY OF lit __ SCALE: DEPARTMENT OF ASSESSMENTS ASSESSOR 1-----------------------11 CHAIR ..... SUBOMSlON CCUWrTTEE DEPUTY ASSESSOR -'CeOUNT NUMBER PORTION OF DEDICATION KNOW All MEN BY THESE PRESENTS. THAT W£. THE UNDERSIGNED. OWHER(S) IN FEE SIIIPLE Of THE LIND HEREN DESCRIBED DO HEREBY WJ(E A SUBOMSION THEREOF PURSIJAHT TO RCW 58.17.060 AND ACKNIlWlEIlGE THAT S,I,ID SUBDMSlON SI\\I.l NOT BE FURTHER ilMDED IN JHt .... NER WITHIN A PERIOD Of fM ruRS. FRDu DAn: OF RECORD. WITHOUT THE nUND Of A fINAl. PLAT. THE UNDERSIGNED FURTHER DEIl.ARE THIS PLAT TO BE THE GlW'HlC REPRESENTATlON Of SAO SUODMSION AND THE SAWE IS ~ WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). IN wrnIESS WHEREOF WE SET OUR HANDS AND SEALS. HAWE ...... E NAME iWilE HAWE HAWE STATE OF' WASHINGTON CITY or RENTON ________ _ I CERTiFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THIIT ~EDANWIS ~:~NT~~o~~ru~~~ ~~R~~IS~~6HED IN THE INSTRUIolEKT. SIGNATURE OF NOTAR"r' PUBUC ________ _ DATtO MY APPOINTMENT EXPIRES _____ _ STATE OF' WASHINGTON I CERTIFY THAT 1 KNr;!U7:: :::VE=-=SA"'J='S=FACI=O=RYC"'::E'II"'DE=NC=E-:1HA=J- ~~EOAH~r\.~::wr ~~o~~~WsE~g ~~R~IS~~~NED IN-THE INSTRUMENT. SIGNATURE OF NOTARY PUBUC DATtO __ MY APP04N'1l.4ENT EXPIRES ____ _ l£IlOO TOTAl AREA -73,701 Sqft. 1.U Ie. I.01S -10 ZONING -It-O ~N£A-SEIPlATIW' CRITICALN'6-NA aIIlX:AL N'6 B1EFIR -*" PlIBLIC ACCeSS fAS£lI:NT -I B.H8 SqfI DENSIIY PRCFOSEJ) -7.7 OENSIN PDUiTTED BY CO(l[ -D RECORDER'S CERTIFICATE FILED FOR RECORD THIS ........... DAY OF .......... 19 .......... T ...... M IN BOOK .......... OF ........ AT PAGE ......... AT THE REQUEST OF ................................. MGR. ""SUp'C'Of'''RECORD'S'''' LlGAL DKSCR!PT!QII or RI!COBDS _ElA THE EAST 125 FIIT r:F TRACT 80 (J= c.o. HIl.UWtS I.M£ IIA9IIIG1lH GARt£N Cf' EWI fJMSX)H Ie)' 2. ~ TO THE PLAT noror • RECCRn 1M n.tJwr 11 Of PlATS. Pia 84, 1/ KIC COUNIY, WASHINGTON. PNICIl B TOG£TlD WIlH: THE 181' 100 Fm Of 111: EAST m fEET OF TRACT 80 Of c.D. ttiIMNS lNCE WASKNG10H GARDEN r::E EmH 11). 2. .t.eea!DCIG TO T1£ PUT na:REOf'. RECOIUJ) N \QJAIE 11 OF P\.ATS. PME 64, IN KflG COUNTY, WASH1HCJ'ONj """'" C TOOrI1tER \WTH EAST 300 rID or TlW:T 19, HU.W.N'S IJ.I(£ WASHHnON GARIlEN OF ElIEH AIXJIl)N TO S(A11t£ 11). 2. ~ TO THE PW TJ£RECF, RECORDED IN WI.J.JWE 11 Of PVJS. PAGE .... IN ICI~ OJlMY, ~0Jt: ( EXCEPf THE SOUTH 110 FtEf OF T1E EAST 140 FEET Tl£REOF. PNICIl 0 TOG£THtR 1mH 'JR.fCl 80, c.D. ttWWCS lAKE ~OH CWIIXH Of [[EN NO. 2, N:XXIIDING TO THE FUl1H£REDf'j RECOROOl IN YDUItE 1 t OF PlAlS, PAlO[ 84, IN I(N; rouNtY, WASIINGfON n.T POrnON THEilEOF' l VlNG £ASItRL Y Of LH PNW.La WIT AND 225 ftEl' l6TEJI1. Y Of THE OOlERlY UN[ lltERDlF. DBOlCAT!OIl I C!!!!TlP!CAnO!! DRCL\llATIO!! or COVB!Wf1'8 THE OWNER OF THE LAND EUBRACED WITHIN THIS LOND PLAT, IN RETURN FOR THE BENEm TO ACCURE FRQU THIS SUBOMSION, BY SIGNING HEREON COVENoINTS AND HEREBY CONVEYS THE BENEFICIAl. INn:REST IN THE NEW EASEIIENTS SHOWN ON THIS LONG PLAT TO AN'( ANO All FUTURE PURCHASERS Of THE LOTS, OR OF AN'( SUBDMSlON THEREOF. THE COVENANT SHAll RUN WITH THE LIND AS SHOWN ON THIS LONG PLAT. PBOlICT I!!lORMATlO!!' BAIiEKBl!I&; TOG£THER WfIH AN EASEIIENT FOR ROAD AND I1l1I.1TY PURPOSES OVER THE NORlHER1.Y 20 FEET OF THAT PORTION OF S,I,ID TRACT 80, LYING WESTERLY OF A UNE PARALlEL WITH AND 225 FEET WESTERlY OF THE EASTERlY UNE THEREOF. TOG£THER WITH AN EASEIIENT FOR ROAD PURPOSES OVER THE IIORlH 12 FEET OF S,I,IO TIloICT 79; EXCEPT THAT PORTION LYI.NG WflHlN THE UAlN !RACf. 1. EASaIDfT NIl mE TEJbIS AND CONlIOONS 1H£REOF: 0ISCl0SURE EN: RUL ESTATE CONl"IW:T PUPJlOS[: JIOAD MD UTIm£S AFFECTS: ~ERLYI5fEETCf'PAllCn._ RECORDED: ..u.y 21, I. R£.ae)INC HUMID: 4597010 2. rASEMOO III) tH[ 1ERWS AND CtHJITI)NS 1I£REOf: lISClOSl.R: IJI': SfAl1ITORY WARIWllY DElD PlJIIOS£: ~NI)UfI1I'Il:S Nl'ECfS: tlllTHERLy 2Q FEtT (F PARCEl _, mxlRDED: MARCH 1 '. IHIIi RECORDING HUWEER: 9003110801 3. [ASDlOO Nt) THE mIlS Nf) c:otDIIJ«S n£REDF': GRNmE: CfIY (J' RENTON P\RIOS£: PUClJC ununrs MfECTS: NCfm£in..y 15 fEET NIl ttl: f.ASI' 10 FEET (J tHE WEST leo FW (J' PARCEl _, R£CC4m£D: JUtrE2,197D REC:ORflIIC 1MlSER: &I8OQo12 4, aMtWfT TO BEAR PART C»' ML CF 1liE COST OF IXWSfRlJCOON (R RIPoIIROf £\SEIIDIT CIWIItJl MIl""""'" PR<If'!RTr, PUFORSE: COWI4JffIY DAM:lllAY RECORDING HUllER: 78012502QS1 5. FAmlOO Nt) THE lIRWS All) CONIXIlONS ll£R[Dr: """"'" Al>JDlNNGPR<If'!RTrOlNlR PlIRPOS[: VIEW EASDIJIT MFECTS:. P<mrIN Of SM) PflEt.ISES m:oRDED: APRIL I, '9911 REfXIRDIHG NUIIlER:-IIIJO.rollMC1 DEVELOPER: CMl ENGINEER: SURVEYOR/PRIMARY CONTACT: e. ~~: RIiHT (J f1RSf REF1JSij,. IHCUOHG TiE TUnIS AND ROBERT WEST ICON 3904 PARI< A\lENUE N. Sl-WlESH TATU, P.E. R£NTON, WA 98056 1082 KIRKLA,ND AVE. N. 425.922.50"" RENTON, WA 98056 425.272. t020 ICON RECORD£D: NJRL '. 'GG9 ROBERT BOYD, P.LS. RECaIIlING NUWBER: Q80.4.01I590 1082 KIRKLAND AVE. N. ACINO!I.BDGMBNTS RENTON, WA 98056 425.272.1020 srATI Of' lWHHCITDN ) ) rouNIY Of __ ) "" ~W~I:?'~~VE:O~~NfO~~-;_=="'ED=1HI."',,... I£/SI£ SO£D TIfIS INSI'RUt.IENJ; Oft C».tH SlATED THU HE/St£ WAS ~ TO EXECUTr 1HE 1NSTlUENT, Nt) ACKN'JII\.EIXE) 1'1 ~ « \tCTORIA POINT£, A WA.!itII«mJrt ~1lON, TO BEM fREE A.NO\QJJNTNrf N:f Of SUCH PNnY FOR tHE USfS Nt) NI90SES WEHIlONm .. TME 1NSTIUIEN1'. .. 1EI> ____ ""'" )SS = =.~;;""=FllR=;Ull£'-­SUIt OF WASIeKlTOti SITE ~=;;!JCPU<S=' _-_-_-_-_-_-_ LID I1AS!lJNG'!ON (----I-\~ LAND SURVEYOR'S CERTIFICATE f I, RoeERT W.·8OYO. HEREBY CERTIFY THor THIS PLAT OF VICTORIA POINTE. ~ In rastructure IS BASED ON AN ACTUAL SURVEY IN SECTION 32. TOWNSHIP 24, NORTH, lfIi>iIR\~ C It' RANGE 8 EAST.W."" KING COUNlY WASHINClTON, THAT THE COURSES ANO ~IJIIJ onsu In9 ~~~OEST:ELO~r"~~N~~R~~~DH~~~~~Cn.~~JHiH~Ot~MuEN~':~ BE C t' THAT I HAVE FULLY COMPLIED WrYH THE PROVISIONS OF THE PLATTING Engineen-Sur.oej<n orpora Ion REGULATIONS 1082 Kirkland Avenue NE, Suite B . ~WsS~~O SURVEYOR DATE Renton, Washington 98056 STATE or WASHINClTON Tel. 425-272-1020 Fax 425-272-1021 LICENSE NO. 178!;9 IlO'MD n/lS/lllCll NW 1/4 OF SW 1/4, SECTION 32, T 24 N, R 5 E, W.M. CITY or !lINTON f1NANCB DIIlICJOR'S CB!!T!ftCA!'!! I HEREBV COOfY 1mT llfEJIt Nit NJ 1lEI.JtCU£NT SPEcw. .ssESSWfTS AND THAT ALL SPECW.. ASSESSNEHTS CER1RD 1'0 THE CI1'I' TREASURER FOR aJU.£CT1ON ON Ntf PROPERlY Hl:REJN CCMAMD 1lDIC'ATD> FOR STRE£l'S. All.£VS OR OTHER PlIII.I: USES ARE PAl) IN FW.. THIS-MY OF 2005. --111m mum mwtlJ I!1!IJIQI IZImDIi1TI I HEJltBY COOfY 'WAT AU. PROPERlY TAXES ME PoW,. rnAT THEJI£ Nlf NO OEUIQIDIT SP£AIL ~ CER1IflED 10 TItS OFFICE FOR CXU£CI1ON NI) lliAT ..u. SPECIAL ASSESSiI4EHJS CERTflED 10 1H5 M1CE FOR CCIU.ECTION ON Nt( Of n£ PIIlPERIY H[REII CONIAINlD. ImC'ATED AS STREITS. ..uD'S (R fOR 0TlER Pl8.C USE ARE PAl) IN FUlL TIIS __ DlYOF 200!i. IWWlER. FJW«:W. OMSOI tvVJY RI!CORD!NG CIllDlICATB FUD FOR RECORD AT lH£ REQl(ST"or aTY or RDmIf TItS _ MY or ___ 2000. AT __ w:NlITES PAST _ II. All) REaRJED II WlUUE __ Of PlATS. PAGES ___ REaIIDS or ICIHC COJIlJY. WA9fHm)N. IJ!r1$!ON or RqjORt!$ Q.f&IlQNS """"'" SI.JIERIH1EHDENr OF R£CORDS BURMOR'S NODS 1. EASEWENJS. RCII.DS, RES11IE11ON, RESEJlYAmHS MD HAlARDOOS WASrE IIlPOSIlS. f Ntf, NI£ HOT SHOWN EXCEPT ~ HOTm. 2. UNPAID(J(JJ WING QJAIS, flE:SEJMTD4S (It EXCEPI1CINS IN PAIDfTS OR IN ACTS MJTHORIlNJ tHE ISSlWK:E 1lfR£Cf', WATER RIGHTS, QJlWS Ctt mu TO WATER. f NI'f. ARE NOT SHC7fIH EXC[pf AS N01ID. 3. KWt TRIBAl. CODES OR REQ.lATDCS, INDW4 TREAlY 00 AOORIQNAL RDfI'S. JrQ.lDJ«; £ASDlENt'S (R EQUrrw SEJMT\l)['S 11' 1Nf, ARE-HOT SHIMN EXC[pf AS tlOIrJ.lID. 4. BASIS or BE.IIRt«;: RECORD OF SUIMY 5. EUPWOO NIl f'RIlCEI)Ue USED: ClOSED F1ElD TPJ.\OSE wmt TOPCON ms 125 EIJ.I 8. ALL LOIJMENTS YISITED: JUNE 2005 7. csm:.trl NI.f)S 10 BE Ft1D \mfID BERR F1NAI.. DESICN. O. tHE IRQIIG S)mN HmECN OCES NOT I£CE$NlIlY CCHNH .w. OF 11£ IJifORWATXlN OOTAINED IMD/OO DMl.OPED BI' tHE SUIM:YOR .. lIS F£LD ... om::E IIORK M -9. All i..OCATllHS $)QIN I£R(OH ARE n«)5( CBTMWU BI' SURFACE E\1DEJa (KY, UNIlSS OlI£RIIISE NDlEO. 10. IDW. 0CSCRP1I0NS Sl.JIPUED BY ciir.Aoo 1I1t[ INSlIW«:[ ootIIPNf( IRO NO. 1155918 a 1155919. 11. UNVU1NG FEE !ilIA.[ OIHRSHP, NlT 9iCIWM, EXCEPT AS IHDlCAlItI. IF Nff. 12. THE SCOPE OF S£AW:ES FOR THIS StJMY 010 NOT II«l.J.II[ TI£ PERf"ORIMIC£ or Nf'( ElNAOfQIOOAl ASSESStIENJ (R MrlUATIOH REGARDNl THE PRESDa (R ABSEJ«::E or WEnJIfI)S OR Ttm:: 1oLIITERW.S IN M: son.. SlR'ACE WATER OR AIR, ~ OR fIUlW OR AROUND TI£ SlI'E OR 11£ E.VAUIA"IIOJj \lR tIiSPOSoIL OF CCHrAWIIU.TED SIlLS 00 GRCIlltIJIA1£R, SIO.I.D Nf( BE ENCOlMERED. I.\. THE SUJMYtR 5 HOT RESFarISIl£ F(R THE RtIOOERATllN or Nf( UNDERI.'f'1t3 LOTS. If' 1Nt, BY nilS SUMY. 14. LCCATlON Of UNDEJICROOtI) llnLIIIS ARE ~1E ONLY NIJ SIWJ. DE RELO >mFlID. w ~ ~ ~ PLAT OF VICTORIA POINTE CITY FILE NUMBER: DWN. BY DATE JOB NO. N.O. AUGUST 2005 21505 CHKD. BY SCALE SHEET R. BOYD NA 1 Of 2 II ilf ~ ~ ~ ~ ~ ~ I ~ ~z U Og .~ >-z ~.j ~~ Q..G.. u~ JI ~~ ~H ~ ~ I ~I'I .:. III .!, ~ ~ a If I~ 1"1 ~ ~ s I "'!I I I I I I I iii I I I I I ~ .' SURVEY LEGEND . i , ~I ~ CONCRETE MONUMENT IN CASE If) i/"'/~-' ..... --... -.-----.-.~.-.-----------------.. 30 15 0 30 60-----·-- ! i / t-5iIiiJ 1 , . 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POWER POLE wrUOHT SIGH TREE LEGEND 9-OEClDlJOU8TREI SIGNlFICANT TREES ~ ~ ............. ma; OTH<RTR£EIl e TREE TABLE I· oe, /~ I ma; CW8U'1CAOON I EXIST. I """"" mEES ..... NED CANT TREES 13 . SlGHIFlCANTTRI OTMERTR.o.-1"'12",rMPlE.ALDER. COTTOHWOOO or POPlfR:) TREE RETENTION PLAN SCALE: 1'030' TOTAl. TREES: rJ=::1 Infrastructure ~ Consulting _ . ......,., Corporation 1082 K1t1dand Avenue. N.E .• Sune B Renton. Washington 98056 Phona; 425-272·1020 • Fax: 42!>-272·1021 REMO\IEI) '* O. i I I I i I I i I 5 ~ I n. w Cl.. ~ Lu is ~ n. u ,. l/1 '" C> § z :5 :> 11 ~~ r~ Eo< .~ ~z ~~ w ~o.. WO;: ';;;5 H I~ .~ <l 6~ iLl) II .. 'i S! ~!! ~ ~ ,. § i; ! f / 1"1 ~~ I ~ .1 ~ .~ ! t ·'1111 I II g e' iii !. i J-~ I/SCIIllrRJ:. ,)1../-11.1".. tN FCE";" r-----r-:--'-'--'r-'-"-'-'-l"T'-"-'-"-'--T"-'r"-"-'._ .. _ .. , - - - --l I I I I I, I --llr---ill---ill----:lII----III----llr---, : ~ 'T7 III LOT. III LOB III LOT< /11 1 LOT. III / LO" III LOTI I I : /// I I I 570J Sq.fl. I I I 5.638 Sq.fl. I I I 5,8<' Sq.Fl. I I I ~ 5,B40 SqH. I I I 56B>9 Sqn. I I I 6,255 Sqn. I ? 'JO ;,:';;:'I~ '11 1 ,6." ",,' III 0." ",,' III c',',~, 'a" /111 J~ 0.'3 Aa" III I" .,," III 0.14 .,," I ~ '--.r:: ... JIL----.lIL-~~-,.JI ---_...JIL ___ ...J ~ '~3~ r ~ .. ~ ·r---"r---,'r--- i III III Ii :: LOT 10 I I I LOT • I I I LOT. I : I 4.'.2 Sq.n. I I I 4,725 SqH. I I I 4,725 Sqn. II . I 0.11 Acres I 0.11 Acres I 0'1 Acres I: [lUST 5' S['Ir,f~ ESIoIT II II V"""'''''' I L ___ -' I '-__ ....J I ,-__ ...:::j L. I .J-. ...1J .. -L.... LANDSCAPE PLAN seAI.I<;: 1"-30' :.IORTII 37th STREET o !I ,I 1'1, II ~ LC:Jd ~ SURVEY LEGEND PEDESTRIAN CROSSING SIGNAL RAILROAD SIGNAL GUY ANCHOR STREET LIGHT PO\JER VAULT I TRANSFORMER RAILROAD CONTR[]L BOX \.lATER VALVE SIGN UTILITY POLE SANITARY SEWER MAN HOLE STORM DRAIN CATCH BASIN FIRE HYDRANT TRAFFIC SIGNAL POLe '¥II ARM 'WAT[R METER TRAFT1C SIGNAL CONTROL BOX RAfLRQAD TRACK DECIDUOUS TREE VII Sile LANDSCAPE LEGEND MALUS 'PRAIR[CrtR[' (FLOIJERING CRAIlAPPlD 2" CAUPER PRIJPOSF.n SIDEIJAL.K PROPOSED CURB 8. GUTTER 'f==l Infrastructure ~ Consulting _ . ....,... Corporation 1082 KlrtdBnd Avenue. N,E" Sulla B Renton, WashIngton 98058 PhonB: 425-272·1020 • Fax: 425-272-1021 ~I I i i; IIi / I / / rl§l~ IIr,(I"( E 8 - !; ! iii TESCLEGEND '--- ---EXImIGRlGHT4-w.r __ _ _ __ PROPOSED RICtn-(lf-WAY -_ .. --""""" .... ..-...... """ ---,.--"""'''''''''''' --*--"""""''''''''''' ;---l' f!ISI~C PUll(: S'mI!I.I ~l ~ EX1'tNr or 0MlJJ'0f« CI.UIIIIIlllll'S ----------+\----------~-am CWiIS TEMPORARY EROSION & SEDIMENTATION CONTROL PLAN SCALE: • -II:; 3D' 301503060 ~\jWjJ I SCALE IN ~ tot. I "R( """'" .u5CIoIIl.Y ~IDI'. __ @ TOIP. CONSTIIlIL1JONDmWICt @ ODNS1laJC1lONJIQij}510181JZAllOIf _ .--®--._ 51.1 (OR Fl.lDI) rna ---@-00ST00NfRCl. @-m rAlCH8I.SINNrTPR!IltCI'Ot "'" mtNI/1W BI.L£S SURVEY LEGEND: • SET 5/8" RIBAR " CAP o ~ rOUND REBAR AND eN' o fOJHO IRON PFt b-FIRE H'tORANT QJa CATQi BASIN T'I?£ 1 *CU<fiRlR£E o DEOOUOUS """ o S1m rn«:E POST -0-UllJN POI.£ "'m WAltR WE1tR "'il<I WATER V'ALI£ o CSnPE2 5S.\Hiaii SANITARV SEWER YAAlHo...E a 'lARD IlfIAJO EDGE (E ~ALT _x_~__ MOC WR[ at CHAIN UH!C FD4CE AS MIllED --0--0--CEDAR FENCE LIfE ROClCEJ!Y ry:=:l Infrastructure l!!:!!!J Consulting _._ Corporation 1082 Klr1cIand Ii ... nuo, N.E., Suita B Ren",", WaahlngtDn 98Il56 Pilon.: 425-272-1020 -FIIIC 425-272-1021 , i~~ ~.(!)~ i ii!!:o.. ~ ~~ ~ i~ ~ ZCJd ~z n 00 ~ ~ ... !J Z " tlfia ~I III ~ 'I ;ij:1 .:. I!!I ~ - !; tllill 'i A""" "*"'41.1t ..... '. "I' /~ ~. i: LLs..I"-.44.t "t; '.. ~'.'." .'jJ ,,= I ::'i.Y,.A+-:l-1 ....... ...... ~A ~-----;:T-~1'i --.?'?t~~-.>-Ih '*'i~rti·!~~~t:-(1'1./ .. ' .. , .. ,I "\ _-'"-I l' .. -,._, ,. I ':j •.• ,~ •• '" '. fR'-- --; . r ~":::t. Jr:--/---:' -:-t or, r~.~ .. J~ ;, 1'';;'"'' 'I 1/ ,')'(<" Il,il j I:' ; ii I iii i'!i~ ;-~f il : ~ fk~i,~dHII "I' 'I r'\1""""" '1' =-(1'" "'1" , 'I I ","""i" I:. I ',I:" 'I' 'l 'L' : I I, "··~·-I !l I-J ... ·j ! . ., ,-'-' L,-,-(f-l. L.,,_] ":1 " , (·:1.1'"'' "'l 'n""'1 ' ' ' I' \':.\ \', J"~~'"r>-~:,"':~.J,./)I .J, ~,c.~~._~,.p T"~'''-'7-...'s..-'/ -, .. ) Jl..,.o-.. j . • '-, -'--~~-.:-- OIl\I1I1.Ir. r.gAnlllJn I/. ngAIII.IAr.1: 1:11 11.11.1 "\..... ·v~· . ..: Ii." q"c. P; l'.'l'::Ch'tft> ia,'?",(r. c ~. ~ PI,1 STA -4+50 PV1 ELEIJ -95,22 PVI STA -5+25 r P,""'. ""l :il 'i ;!; ~ ~ I~ ~ 8 '" \101 I I SCALE: I 1··30' I I I 81~ I ~!Y? 1 t 1001 I I I I I I I ; I; r;zr:::; j I {ow P~NTE~V 1.,.74 p~ s~ko~~o;~ I 'I I ;;;f?l ~ I alii' POINT S"tA--;;"-P+20.03 J _~ P'v1 5T" -0+40.48 1-' ---i~-I V _____ :1~j'~i'r~l~ I il: I J=F1 I I I I I il ~'rr;;II---T'. ~ 601 ~I~ 14;:-4 50i=~ I "!I;I; m~ mm 2+00 ~I~ Ri! ROADWAY PROFILE seW!: 1"= 30' ~I~ rd;i m~ ~~ e~ gig ~I; r r T ~ 3+00 4+00 5+00 2.00" 30 15 0 30 60 I-ta;;J J_ I SCALE IN ~ t.t.1 SURVEY LEGEND: • SET 5/0-REBAR &: CAP o FOUND REa-.R AND CAP o rOUND IRON PIP( :0 nRE HYDRANT CS!J CATCH BASIN TYPE 1 "* CONlrER rna o DECIDUOUS TREE o STEEl. fENCE POST -0-UllU1Y POLE ~I,IEll W ... TER METER ~"'M WATER VN..VE '" CB TYPE 2 ss-u-'tl$l SANITARY SEWER t.lANHOiL a YARD DAA!N EDGE Of ASPtW. T HOC WIRE OR CtWN UNK F'ENCE AS NOTED __ 0 __ 0__ CEDAR rENeE UNE <"-,,--::,;~:x:::='=-':x:. ROCI<ERY PAVING, GRADING & DRAINAGE LEGEND --- ---EXISTlNO RIGHT-of-WAY --,.. ,.. --POOFOSfJ) RIGHT-Of-WAY _.,_ •• -PROPERTiLlNE EXISnNG (EOOE Of) PAVOoIENl ___ ~T _ _ EXISTIHG CONTOUR __ • --PROPOSED CONTOUR - - - --£ASEWENl -50-50-f)(. SO UNE PROP. SO UNE -lC-)(-)(-PROPOSED fENCE • PROPOSED CB 1YPE I ~·:ir·bl:·I~ PR<1I'OS£Il CONe. SIDEWALK PROPOSED COt4C. CURB .. GUTTER PROPOSED PAVElIOO rj::::l Infrastructure ~ Consulting ....... .....".. Corporation 1082 KIrkland Avanue, N.E" Suite B Renton, Wa.hlng1nn 98056 Phone: 425-272-1020 -Fax: 425-272-1021 : ~ ~ , . ~ i ~ ii ~ ti; ~ ~:::E I ~i ~. a.. ~z il 00 .~ I'-< ,. ~z .~~ u[il il !K~ <111 U ~ II !; ~R !~ .1 ~ ::1111'" ,., \~ \ ",,,,,lL " .:.,) <~,~,~ '\ ":'.;;\ \~" •• "'-":.'1'5; ·\;.,;~1~\ /' ~", , ~9 ."" ~ \/ II' '\ r-f;;. ", '. I"" ~ .. '1 ... \ t~ "--.. +lHfHt+++1tH I II II' II t II II II -H-H .tHtlltt++1 H,l+H+tt++H-ttHItH-i+t++-H+lf+tthttH+HH HflI-:t+HH-I-+tI+tHH·HHtHtt+t+t-t+w.+t4++IHttH-HI++-1 HttH+tt+++H-tttt++H~+Hn-IttI+H+t+l+t++++\+I+H H-I4-tH+++tJtfl1tt ~H/-H+H++tt+lttH+tti'-ltf-tti-lHtfl+H+H-+f+l.tt+It.!t 1ft! k: £< "'" DF! .... (:[ t"~'n. -H+tHtftt+i-lfftHH+tI+t "I e. _ .. ~'t~\: ... \ l-\:; -}._~ -).T -JO._ -h4#I-Httk+t~ Q ~1I ~,~ '1"'.',1-~ ."". ,Y,.1, • '\ 4~ '-';Sjo, r\~".:"'" \'I''''_~l· u:."'-:,'I..-0 .... I · coP ~-.\ \\'1> ... ~ <"':' '~"""'\ 1< "' .... "M '~"'\ • It v\ ~-.~\ 'it ... 11<'6 11<~'1 t.;'-j4--l\l;.t:. \ ~"'-~-& , \ -.: .~.~~~. ~ \f\1~~'~' W. ,.l" : '\ ' $ ~ ~ ---~ ". J> • ~ ":;"? t .-__ _ __ ~"~GTON ~_ ~__ _~ __ ~ ':~~ _ \'l a ~;PL. \ ~ '~r\;; ~ \ "<..:-ID hlA· {) -=~-..: _=-F_-f.---=-~\ --1--~--__ .;;:::::.._~ __ P \ ' f-----.-' "~;'d,,1t--:,,=;-7 'I~' -------- " .. ~!'.t~~~~I.!O.."l.: _~ _ _ \ _ ~ ~_ _ _ ___ _ . ...,;~::/'d. -, "I ~~----s /----$ ~~~'===----":_-...o ___ ._________ ---:-~ _____ __ """:":;'; \ ---.---? '''i~_V;, --~''''~L-.-. _ -----------;.... Ii> • 1~t.'t'.~ \ \'" '\~ (IIIIIIIIIIID" (\ ------'-__ '\ ~ \.' \ . <",\: 0. ....... ,\"\ \ \ -----(--_ \ ",;~~.~ I:'< -\ ~ __ ~ II' \ ~:.& \ 1/0 ~ -.-:------. \ ~:',' ~\~.. c-\~ '>"1;' ':~ , ' \ \.t ...:,,;.;"1. \ \ ~ ~ k\\ \...1-'r-"\\\~ \~ \ $~ \ "'~,~-;;'''~;~'' \\ }¥,"-,)\\-~-,~~,~,-,~~\\ \ ~" ~'t~S:';\-\ \\ 9~\)~~-\'-~-<-""'~2<l~' ~ \ ~~ '\0 \ \ 0.J'o \ \.-/'" / ........ >'~~\ ... -~ \ '< \ .\ ,., .. \ ~:\---' "'" :::,,<:: -'1\ \\ \ \ \ '\\, .\\ .---~~ .. '\~\~'. '\ .'" '\', '\ \ \ . \~\~~~\-.I,--___ ~; ;"" \~ \, 1\ \\ \ \ /~~\ " \~--=: )\\'>;J~-./\ PROPOSED OFF-SITE STORM DRAINAGE SYSTEM IMPROVEMENTS SCALE: 1'=30' SURVEY LEGEND: • SET 5/a" REBAR &: CAP o FOUND REBAR AND CAP o FOUND IRON PIPE 3) FlRE. H'l'DRANT . m 0 CATCH BASIN TYPE 1 f< CONIfER TREE () DECIDUOUS tREE e STEEL fENCE POST -()-UTlUfY POLE !Wm WAltR I.IErER .1\"1 WATtR VALVE CATCH 8'511',1 TYPE 2 5mIlAAY SEWER MmHOLE a YARD DRoI.IN EDGE Of ASPHALT HOO WIRE OR CH.IIIN UNK FENCe AS NOTED CEDAR F£~E LINE ROCKER"!' 30 15 0 30 50 ~! SCALE IN FEET STORM DRAINAGE LEGEND -------D!ISTING RIGIfI-DF-W*Y __ _ _ __ PflOPOSED RIGHT-OF-WA~ PROfit1m' UNE EXISTING (EDGE OF) PoI.VEWOfT ___ 6' __ (J(ISlINGOOIlI"OOII __ • __ PROPOSEll-CONTOUR -----[}S[U[NT m EXISTING STORM ORAIN PROPOS£D STORM DRHN PROPOS(!) C8 T't?( I 8 Infrastructure CON Consulting ._ Corporation 1082 Kirkland Avenue, N.E., Suite B Renton. Washington 98056 Ph"",,, 425-272·1020 • Fax: 425-272·1021 *I~ .. !! '" ~ ~I~ ~ .~ City of Renton King County, WA LINE TABLE L 52.50 SBB"43'13"( L2 52.50 SBB"43'13"( L3 55.00 $88443'13'( L4 52,50 SBB"43'13"( L5 52.50 S80-43'13'£ L6 55.00 SBB"43'13"( L7 90,00 SOl"52'54"\( LO 9MO SOl"52'54"\( L9 90.00 N01"s2's4"( UD B2.77 N01"s2'54'( L11 82.75 SOl-S2'54'\( U2 B2.73 NOl"52'54'( U3 82,72 S01452'504'" Ll4 82,72 N{W52'S<4'E LIS 82.71 SOl-52'54'''' U6 67.B8 N01"s2'54"( L17 60.16 S8S·"3'13'"'e- LIB' 70.00 S80443'13"'. U9 70.00 588443'13'. L20 70.00 $88'43'13'e L2 sD.9B . S8S·43'13"e L22 13.0 NOl-52'S4'( L23 64.00 SOO"42'SO"( L24 64.00 SOO"42'SO"( L2s 75.52 S88"42'50'[ L2 6721 S24-Ql'WW L27 63.3B N88"42'27'\( L20 64.00 NSS·42'2rv L2 64.00 N8S·42'27''w' L30 70.00 NBB"42'27"\( L3 70.00 N8S-42'27''W L32 70.00 NBO"42'27'\( L33 75.00 NBB"42'27'\( L34 90.00 SOl"52'54"\1 L35 473.66 NBB"43'13'\( L3 57.54 N01"52'54'\( L37 27.73 SOl~2'54'lJ L3B 106.01 N24"01'U"( L3 49.61 N24"10'11'E L40 21B.31 NOB"42'sO'\( L4 117.73 N014S2'54'( L42 13B.01 S99"43'13'E L43 125.40 SOl"S2'54'''' L44 476,38 NBB"42'27'\( CURVE TABLE LENGTH RADIUS Cl • 2B.66 " = 15 C2 23.41 tl. :II 15 ~ N /' ~ r Ul 5 / UNDERLYING PARaeL RECORDING NO. 1 VOL/PAGE PORTION OF NW 1/4 OF SW 1/4, SECTION 32, T 24 N, R 5 E, W.M. BUILDING TO BE DEMOLISHED ~-. ____________ -=~~L~" ____________ ~-._ ~~ Y -......... ::::-::...---~----. ~T+r -- ------ --"1--.lL.!!...' -r---1!.." -I...r---.ll..-...,....=:::::±=====,d!. III :, 'il--rfl"rf' III-~ ............. ,,::-, .. LEGEND: _IJE "'''''''''IJ£ EXI$II(lIafl'-(F-. EXISI11IO ....... 5E1IW:k UN[ III ~II IIII! III r • lDI'10 1 ~-La LOT 8 I I I '3./ 4L •• 0 Sq.fC l!'lll 4b12 .... rC]-14b>ri' Sq.n II I /. U." ." .. i~15' I"·.... A' "r' Ac~ III : L ---LJ I LJ'---.J~ l.,..7 !WEt 1<:! L_ 1<: E-r' ~ L._u__ .~~-" . .JL .. ..!l.. .. BUILDING TO BE ·DEMOUSHED FOR OCCUPATION DOCUMENTATION PLEASE REFER TO RECORD OF SURVEY RECORDED UNDER ____ _ 40 20 0 40 80 • J I SCALE IN FEET ~ c( ~ .J g rJ=::l Infrastructure PLAT OF VICTORIA POINTE ~ Consulting E!Pn._ Corporation 1082 Kirkland Avenue NE, SuRe B Renton, Washington 98056 CIlY FILE NUMBER: ______ _ Tel. 42!>-272·1020 Fax42!>-272·1021 ",..,'" ,,"',"', . OWN. BY N.D. CHKD. BY R BOYD DATE7f.~IL·'I''''';POB NO. A1IP'sfli\2000 I 21505 SCALE SHEET '"=40' 2 OF 2 DETAIL OF CONTROL: SCALE 1" = 100' SW 1/4, NW 1/4, SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W,M, KING COUNTY, WASHINGTON S30'03'12'W S2B'OB'37'W LC=274.43' R=190B.OS' A=274.67' lFB14'53' T=137.57' LC=122.BB' R=1B7B.OS' A=122.90' lFY44'5B" T=61.47' EXISTING BRASS DISK NORTH 36th STREET EXISTING MON -BASIS OF BEARING NB8'41'17"W 972.24' IN CASE _ r~----~~m~----~-~8~~F~~G-~~~n-----------1 1.10'. 326.96' (312.2' PLAT) I • ~ 600.00' PLAT 3-I LEGAL DESCRIPTlQN' All of Lot 80 end a Portion of Lot 79, Hmman's Lake Washington Garden of Eden Addition to Seattle No.2, Volume 11 of Plata, Page 64, Records of Kln.g County, WashTngton, S26'21'50"W LC~1\8.94' R=lB7B.OS: 63 ~~ 90 ~~ j ~~ ~~ 25,1 A~11B.9S' ;: IPoY37'45- T=59.50' N8B'41'40"W c SBB'41'40"E c I 3B4.98' (370.1' PLAT) P 600.00' PLAT P I S24'7'OS'W LC=17.36' R=lB7B.06' A=17.36' lFO'31'46' T=B.6B' I 62 P b~ ~i') I ~ ~~ 91 (q~ . ~~ ~-SB8'42'03"E "! c NBB'42'03"W c EXISTING 434.27' (427.0' PLAT) ;t; P 600.00' PLAT P BRASS I' ~ , :s :So DISK I 61 l::: 3.0. 92 .o.~ / rD o~ ;::'0 • /.'10' :; .... g 588'42'27"E g .... §Y I P 600.00' PLAT P ~ ,7;1 R~ ~tl ~ .,.1 ",. 93 . '" R ~I ~~ ~~ Ole NBB'42'50"W c I ",I p 600.00' PLAT P fl .:::1 R~ ~tl Ai Sf ::;~ 94 ~::; § ~I -i:; ,,_ ::t 7· c 5B8'43'13"E c ire ~ IR ~ I"' l.w~ 1·;1; «: Ir;!i:<l IZ ~ I c.. SURIlEYOR'S NOTES 1. EASEMENTS, ROADS, RESTRICTIONS, RESERVATIONS, HAZARDOUS WASTE DEPOSITS, MOlD INFESTATION, CONSTRUCTION DEFECTS, AND MINING ACTIVIllES, IF ANY, ARE NOT SHOIII'I EXCEPT AS INDICATED. 2. UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF, WATER RIGHTS, CLAIMS OR llTLE TO WATER IF ANY, ARE NOT SHOIII'I EXCEPT AS INDICATED. 3. INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS. INCLUDING EASEMENTS OR EQUITABLE SERVITUDES IF ANY, ARE NOT SHOIII'I EXCEPT AS INDICATED. 4. BASIS OF BEARING -SEE DRAI'>lNG. 5. EQUIPMENT AND PROCEDURES USED: TOPCON GTS 225 TOTAL STATION AND CLOSED FIELD TRAIlERSE. LAST CALl8RATION MAY, 2005. ACCURACY MEETS OR EXCEEDS WAC 332-130-090. 6. ALL MONUMENTS VISITED DURING JUNE, 2005. 7. THIS SURIlEY WAS PREPARED FOR THE EXCLUSIIIE USE OF AL TRINDER-FURRER ond ROBERT WEST AND DOES NOT EXTEND TO ANY UNNAMED PERSON OR PERSONS I'>lTHOUT EXPRESS RECERTIFICATION BY SURVEYOR NAMING SAID PARTY. B. CRITiCAL AREAS TO BE FIELD IlERIFIED BEFORE FINAL DESIGN. 9. ALL LOCAllONS SHOWN HEREON ARE THOSE OBTAINABLE BY SURFACE EVIDENCE ONLY, UNLESS OTHER~SE NOT£D. 10. LEGAL DESCRIPTIONS SUPPLIED BY OIll'lER OR THEIR AGENTS. I P 600. 00' PLAT FOUNO IRON PIPE I . b:S MaN \\HH 3 1/4" ({] 78 ":.0. ALUMINUM DISK /1 :!>' !:;"! p :S'" 11. THE SURIlEYDR IS NOT RESPONSIBLE FOR THE REAGGREGAll0N OF ANY UNDERLYING LOTS, IF ANY. BY THIS SURVEY. ~. --B 95 .0.", ~~ 12. UNDERLYING FEE SIMPLE OIll'lERSHIP. NOT SHOIII'I, EXCEPT AS INDICA TED, IF ANY. EXISTING BRASS DISK 66.19' FIELD TIES; I 31~2 r illtlill.. )( SET TACK '" TAG • SET 5/8' REBAR '" CAP o FOUND REBAR '" CAP o FOUND IRON PIPE ill EXISTING BRASS DISK III EXISTING MONUMENT IN CASE t:>O::J QUARTER CORNER ABBBEVlA]DNS' MaN MONUMENT R&C REBAR AND CAP c 600.00' PLAT SB8'43'36"E ~ 125.11 EXISTING MON IN CASE DETAIL OF PARCEL: J, J: Z §Y' I ~'NBB'42'27"W ~FOUND OLD 3/4" IRON PIPE ~ I "'-253.37' /' 0 0.1S' EAST, DOWN 0.9' I SET 5/B" R&C -FOUND 1/2" STEEL ROD' ~I SET 5/B' R&C TYPICAL 0 0.06' EAST, DOWN 0.9' ~ I -FOUND 5/B" R&C OJ • '" -NOTHING SET PI 0 0.5' NORTH WEST UNE OF THE 0 w w 3 ~ !;l. SET 1995 C EAST 200 FEET ;.." 'v 'v ...... ~ ,w ~ / "':.U"I B ~ "': R ~ Ail ::;~ ~t; A "":N SET SiB" R&C -~ 5 -~ ~ § I \IN TOP OF Z z Z Z ::f/ .10' .......... STEEL FENCE POSTS WOOD PILE ~ /SET TACK & TAG .'" / FOUND ,. IRON PIPE I " 297.39' IN ROCK WALL ::;1 0 0.1' EAST, DOWN 0.3' I S88'42'50"E 100.01' 125.01' PLS CAP SET NOV. 19BB / ~ S88'42'50"E wnf'ln 1:"1:" , .... ,,- I 0: ~~g~5 ?~TTHE----J 7.1' E. ~ r:b-a ~ab~.} I,) to 't.~ 51 '~i.i~"W NOTE: OCCUPATION NOT ACCESSIBLE w ..., ..... "'" "":'N ~~ Z :iz TAX LOT #368 i" Jt)b . 0 ~g Z w g~ d N "'~ 10 25 0 50 W SCALE IN FEEf NB8'43'13"W SOUTH LINE LOT 79 '" '" o ~~ Z NBB'43"3"W 140.01' 1--6.4' E. '83-'91 . STATE PLANE SEE ROS 20010607900002 RECOROER'S CERTIFICATE FlIed tor record Ihll __ doy of ____ 20_ ot --"" In book ___ 01 ___ ot PDQ. ___ 01 the nquelt 01 ROBERT W. BOYD R,o. No ..2.Cla:fQ7 08 ,(;) OOQ t Manaoer Superlntendont of Record, SURVEYOR'S CERTIFICATE lhl. map correctly represent. Q survey mode by me Of und.". my directIon In conlormancD with tho requlroment. 01 the SURVEY R£CORDING ACT 01 tho requal 0' ROBERT WEST In ____ JUN~ ____ , 2005. ~CO[N] FOUND 1/2" R&C, AN UNRECORDED SURVEY, 0 0.1' S. INFRASTRUCTURE CONSULTING CORPORATION RENTON, WASHINGTON TEL: 425-272-1020 FAX: 425-272-1021 SW 1/4, NW 1/4, SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M. RECORD OF SURVEY FOR AL TRINGER-FURRER and ROBERT WEST Drown Date Job No. JKB 06-27-05 1533-5 Sheet Checked Scole I" = 50' 1 of 1 RWB Robert West Hi Point Development 3904 Park Avenue N Renton, WA 98056 tel: 425-922-5044 (applicant / contact) Charles Huneycutt PARTIES OF RECORD Victoria Pointe Prelim Plat LUA05-115, PP, ECF Steven Altringer & Ronald Furrer PO Box 3557 Seattle, WA 98124 tel: 206-898-4789 (owner) Walter J. Thomson Sandra Spelman 3632 Lake Washington Blvd N Renton, WA 98056 tel: 425-226-2257 eml: spanspel@aol.com (party of record) 1300 N 20th Street ste: #1-2054 Renton, WA 98056 3604 Wells Avenue N Renton, WA 98056-1512 tel: 425-226-5332 Jeffrey & Gwen Smith 1004 N 36th Street Renton, WA 98056-1971 tel: 425-255-5027 tel: 253-961-8888 (party of record) Michael Smith 3706 Wells Avenue N Renton, WA 98056 (party of record) Updated: 12/15/05 (party of record) Barbara Premo PO Box 2072 Renton, WA 98056 tel: 425-226-1760 (party of record) (party of record) Shirley LeSeli 3710 Lake Washington Blvd N Renton, WA 98056 (party of record) (Page 1 of 1) M • 29T24N R5E W lI2 I -- -,-____ -1 CDR I~~~~~~~====~~~~~ .~:~~~ ~~~ :::~~:;:;::;:::;:;::;::::;::::;:::;:~ ""'~2M i St~:= '----1L-.;..;,...,.;:::,...i,.. .... ~~::;::~~~~~~~~~ __ I L~fj~=~--, ill~·"'i8' --_..L)-+'--J .. , I . -'~-==t~J~ - - - -Benton City LImlts <[ u ~ L!Y0 #/0 h4800 /,.---,...,.--1 . MJi' 143 C'Ft' :~- i , ... _._---,._. __ .. _ ... _{ ! ; ... _ .. __ ..... _.j._._ ... , ~.----j , i ' I ' , C4 32 T24N R5E W 1/2 54lZ ZONING MAP BOOK RESIDENTIAL ~ Resource Conservation a'Residential dulac ~ Residential 4 dulac ~ Residential 8 dulac ~ Residential Manufactured Home!!! I R-IO I Residential 10 dulac ~-141 Residential 14 dulac I R"-rl Residential Multi-Family I R>!-T I Residential Multi-Family Traditional I Rr-t-U I Residential Multi-Family Urban Center· MIXED USE CENTER @] Center Village IUC-Nl! Urban Center -North 1 1UC-HZI Urban Center -North 2 ~ Cenl!!r Downtown· ~ CommerCial/Office/Residential COMMERCIAL o Commercia] Arterial- ~ Commercial Office- ~ Commercial Neiehborhood INDUSTRIAL o IndustriBl -Heavy o industrial -Medium o Industrial -Licht (P) Publicly owned _____ Renton City Limits ___ Adjacent City Limits _ Book Pages Boundary KROLL PAGE • May include Overlay Districts. See Appendix maps. For additional regulations in Overlay Districts. pleas-= BEe RYe 4-3. PAGE# INDEX SECTlfOWNlRANGE Printed by Print & Mall Svcs, City of Renton I I I I I I I I I -I il 'I (I I II 'I I- I. 'I Geotechnical Engineering Report Victoria Pointe Subdivision Renton, Washington For Mr. Bob West I I I I 1\ I. I" I I I I I I' I I I I I ;:~i.'lI!l"lllai, Fe, ~y fI,e " 17625-130th Ave. NE, C102,Woodinville, WA 98072 eotechnic,cil', Inc. , " ,,7 " , Phone: 42s.:844-19n' , ,Fax: 425-844-1987 September 21, 2005 it'- ,Mr. Bob West, 3904 Park Avenue North Reiltop,Washipgton 98056 , ' ' "Geotec~ical El)gineeril}gReport Victoria Pointe Subdivision, . 'Renton, Washingtop. , " CG File No. 1958 Dear Mr. West: ' INTRODUCTION, ' This report presents the results of our geotechnical engineering investigation at your propos~d Victoria' Pointe single-family residential project; in the city of Renton, Washington.' The site is located at th~ " intersection of Lake Washington Boulevard Northand North 37th Street,as,shown on the Vicinity Map in , Figure L You have requested that we compiete this report to evaluate subsurface conditions and provide recommendations for site development .Forour use in prepatjng this report, we have been provided with copies of plan sheets titled, "Plan of Victoria Pointe", "Record of Survey", created by ICON in June,- , August 2005, and Site Plan withTopo Contours (2 feet). We have also ,h,eenprovided with in ,electronic , , copy of the "Road andProfilePlan"prepar~d byCity ofRentonPlaimi~~ DepartmentinAu~t 2005. PROJECT DESCRIPTION The development will consist of a total of 10 single-family residential lots, with associated access roads and :utilities. A stormwaterdetention vault Will be located in the western side of the subj~ct property at -. . , - the north-west' comer of the intersection of Lake Washington Bdulevard North 'and the planned North 37thStreet. We ,have not been ,provided with gnidingplans for the site, but anticipate ,minimal grading .. ' A steep ~lope on the order of 10 feetin height is lpcated in'the middle of the site. We anticipate that thi,s I I ,I I I I I I I I ~. I I I -' , I .. ) I -' " I I Geotechnical Engineering Report Victoria Pointe Subdivision Renton, Washington September 21,2005 CG File No. 1958 Page 2 slope will be graded smooth to meet the surrounding topography. This will require placement of some structural fill as the steep slope is located in the middle ofthe planned building lot. SCOPE The purpose of this study is to explore and characterize the subsurface conditions. and present recommendations for site development. Specifically, our· scope of services as outlined in our Services Agreement dated September 1,2005, includes the following: 1. Review available soils and geologic maps for the site area. 2. Explore subsurface conditions at the site using a backhoe. 3. Provide an evaluation of the stability of the slopes on site, specifically the steep slope area. 4. Provide recommendations for site preparation and grading. 5. Provide recommendations for structural fill. 6. Provide recommendations for foundation support: 7. Prepare a geotechnical engineering report to document our fmdings, observations, and conclusions. SITE CONDITIONS Surface Conditions The irregular-shaped project site has maximum dimensions of approximately 510 feet in the east-west direction and 215 feet in the north-south direction. A layout of the site is shown on the Site Plan in Figure 2. The site is bordered by Lake Washington Boulevard to the west, by Wells Avenue North to the east and residential areas are located north and south of the site. The overall grade of the site slopes gently to moderately downward to the west with an average slope gradient of about 11 percent. A steep slope exists in the middle portion of the subject property that crosses the site from north to south. The slope appears to have been constructed by a combination of excavating a cut to create a level pad for the existing house below the cut, and also by placing fill on the top of the cut to create a level yard area above. We measured one cross section down the steep slope at what appeared to be the steepest and highest portion of the slope. The height of the slope is approximately 10.0 feet with Cornerstone Geotechnical, Inc. I I; I I, I 'I I' I I I, I I I I I . , I I ~;.; I I Geotechnical Engineering Report Victoria Pointe Subdivision Renton, Washington September 21, 2005 CG File No. 1958 Page 3 inclination angle 35 degrees. This slope is heavily vegetated with blackberry vines. Portions of the slope h~d been faced with short railroad-tie walls. We did not observe any sign of slope failures or sloughing on the face of the slope. The site remaining portion of the site is vegetated witli field grass and overgrown blackberry bushes with trees along the southern property line. Several residential structures exist on the subject property. Geology Most of the Puget Sound Region was affected by past intrusion of continental glaciation. The last period of glaciation, the Vashon Stade of the Fraser Glaciation, ended approximately 10,000 to 11,000 years ago. Many of the geomorphic features seen today are a result of scouring and overriding by glacial ice. During the Vashon Stade, areas of the Puget Sound region were overridden by over 3,000 feet of ice. Soil layers overridden by the ice sheet were compacted to a much greater extent than those that were not. Part of a typical glacial sequence includes outwash sand and glacial till. Outwash sand is described as ,sand and gravel. Glacial till is an unsorted mixture of sand, silt, and gravel that was deposited below the glacier, and is commonly referred to as "hardpan." The glacial till has been consolidated under the weight of the glacier and exhibits both high strength and low permeability. The geologic units mapped for this area are shown on the Preliminary Geologic Map of Seattle and Vicinity, Washington, (US Geological Survey, 1962). That map shows ,the site to be underlain by younger sand, which is considered the post-glacial deposit generally overlying glacial till discussed above. Our site explorations encountered what we interpreted to be the younger sand underling by glacial till-like drift. We also found a pro-glacial silt deposit in the lower portion of the site. Exploratiollls Subsurface conditions were explored at the site on September 2, 2005, by excavating a total of four test pits. The test pits were excavated to depths of 5.0 to 9.5 feet below the ground surface. The approximate locations of the test pits ate shown on the Site Plan in Figure 2. The soils were visually classified in general accordance with the Unified Soil Classification System, a copy of which is presented as Figure 3. The logs of the explorations are presented in Figures 4 and 5. Cornerstone Geotechnical, Inc. I I: I I· I 'I, I· I , I, I I I I , 'I I· I I Geotechnical Engineering Report Victoria Pointe Subdivision Renton, Washington September 21, 2005 CG File No. 1958 Page 4 Subsurface· Conditions A brief description of the conditions encountereo in our explorations is included beloV){o For a more detailed description of the soils encountered, review the exploration logs in Figures 4 and 5. The explorations generally encountered one foot to foot and half of surficial topsoil. The topsoil consisted of loose to medium dense light brown silty sand with gravel and organic fragments. Below the top soil, Test Pit 1 encountered 2.0 feet of surficial fill consisting of medium dense to dense, light brown silty fme sand with gravel. Beneath the fill, there was 1.5-feet-layer of very dense, bluish- gray silty sand with gravel. Our expl.oration did not extend through this material. ,Below the top soil, Test Pit 2 encountered 7.8 feet of medium dense, light brown silty fme sand with gravel and fragments of pipes and concrete. This soil was interpreted to be fill. Beneath the fill, we observed 0.5 feet of very dense, bluish-gray silty sand with gravel. Test Pits 3 and 4 encountered 1.5arid 1.0 feet of surficial top soil, respectively. Below the surficial soil, Test Pit 3 encountered medium dense, light brown silty fine sand with gravel at a depth of 1.5 to 3.5 feet. This was underlain by very stiff, bluish-gray sandy silt with gravel and clay extending to a depth of 5.0 feet. Beneath the topsoil in Test Pit 4, we observed dense, orange-brown silty sand with gravel and garbage fragments to a depth of 6.5 feet. We classified this material to be a possible filL Below the fill, we encountered a 3-foot-thick layer of stiff, bluish-gray sandy silt with gravel and clay. We interpret the very dense, bluish-gray native soils observed in the lower portion of Test Pits 1 through 3 to be a glacial till-like drift deposit. The l~wer silt found in Test Pit 4 is interpreted to be a pro-glacial deposit with possibly some ice overconsolidation. However, this material did not exhibit the consistency of being over-ridden by the entire ice sheet. Hydrologic Conditions Ground water was not encountered our explorations. The silty soils interpreted to underlie the site are considered poorly draining. During the wetter times of the year, we expect perched water conditions will occur as pockets of water on top of the till layer. Perched water does not represent a regional ground water ''table'' within the upper soil horizons. Volumes of perched ground water vary depending upon the time of year and the upslope recharge conditions. Cornerstone Geotechnical, Inc. I I I I I, I, I I I , I , I I .' I I, I I Geotechnical Engineering Report Victoria Pointe SubdivisIon Renton, Washington September 21, 2005 CG File No. 1958 Page 5 GEOLOGIC HAZARDS Slope Stability and Landslide Hazard The site is inferred to be underlain by dense glacial deposits. We consider these soils to be of moderate to high strength and they are considered to be stable with regard to deep-seated slope failures. We did not observe indications of past deep or shallow slope movement on the site. The silt found in the lower portion of the site has a much lower strength; however, we did not observe any instability associated with this material. This material is above the elevation of Lake Washington Boulevard and we did not observed indications of problems with the road. . . The steep slope area appears to be man-made. 'This area would be expected to have marginal stability by the presence of the fill upslope of the cut. However, we expect this material to be removed by grading and the stability problems associated with it to be eliminated. Erosion Hazard The erosion hazard criteri~ used for determination of affected areas includes soil type, slope gradient, ,'. , vegetation cover, and ground water conditions. The erosion sensitivity is related to vegetative cover and the specific surface soil types (group classification), which are related to the underlying geologic soil units. The Soil Survey of King County Area Washington, by the Soil Conservation Service (SCS) was reviewed to determine the erosion hazard of the on-site soils. The site surface soils were classified using the SCS classification system as being Alderwood gravelly sandy loam (Unit 1). The water erosion hazard for Alderwood gravelly sandy loam is listed as slight to moderate. This description is consistent with the glacial till-like soils encountered in our explorations of the site. Seismic Hazard The site is classified based on its overall soil profile using Table 1615.1.1 of the 2003 International . Building Code (mq. It is our opinion, based on our subsurface explorations, that the soil profile in accordance with Table 1615.1.1 of the 2003 mc is Site Class C. We referenced the 2002 map from the US Geological Survey website to obtain the following seismic parameters. The USGS website includes the most updated published data on seismic conditions. The seismic design parameters are: . Cornerstone Geotechnical, Inc. I I I I I, ". 'I. I I , , Ii ...:.! I I I· I J , I I ,./ I Geotechnical Engineering Report Victoria Pointe Subdivision Renton, Washington September 21, 2005 CG File No. 1958 Page 6 ~ 139.84% g 47.58% g 1.0 Based on Table 1615.1.2(1) of the 2003 mc 1.33 Based on Table 1615.1.2(2) of the 2003 mc Site specific, coefficients and adjusted maximum considered earthquake spectral response acceleration parameters apply as shown in Section 1615.1 of the me. Additional seismic considerations include liquefaction potential and amplification of ground motions by soft soil deposits. The liquefaction potential is highest for loose sand with a high ground water table. The underlying medium dense or fmner soil is considered to have a low potential for liquefaction and , amplification of ground motion. CONCLUSIONS AND RECOMMENDATIONS General It is our opinion that the site is compatible with the planned development. The underlying medium dense to very dense native deposits are capable of supporting the planned structures and pavements. We recommend that the foundations for the structures extend through any topsoil, loose, or disturbed soils, and bear on the underlying medium dense or firmer, native soils, or on structural fill extending to these soils: Based on our site explorations, we anticipate these soils will generally be encountered at typical footing depths, with som~ areas of local fill requiring overexcavation. We anticipate that the steep slope area in the middle of the site will be removed by grading. This will require some placement of fill. Depending on weather slightly sloping lots are created or if level pads are desired, some steepened slopes between lots or small retaining walls may be necessary. The soils likely to be exposed during construction are highly moisture sensitive and will disturb easily when wet or during wet conditions. We recommend that construction take place during the drier summer months, if possible. If construction takes place during the wet season, additional expenses and delays should be expected due to the wet conditions. Additional expenses could include additional depth of site stripping, export of on-site soil, the import of clean granular soil for fill, and the need to place a blanket of rock spalls in the access roads and paved areas prior to placing structural fill. Cornerstone Geotechnical, Inc. I I I I ·c I I I I , I :¥ I _J , , , I I; -"' I Geotechnical Engineering Report Victoria Pointe Subdivision Renton, Washington September 21, 2005 CG File No. 1958 Page 7 Site Preparatiollls and Grading The fITst step of site nreparation should be to strip the vegetation, fill material, topsoil, or loose soils to expose medium dense or frrmer native soils in pavement and building areas. This material should be removed from the site, or stockpiled for later use as landscaping fill. The resulting subgrade should be c,?mpacted to a firm, non-yielding condition. Areas observed to pump or weave should be repaired prior to placing hard surfaces. Care should be taken during the initial site compaction to not disturb the underlying soils. The subgrade conditions should be monitored during the compaction and if soils are observed to disturb, they should be overexcavated ana recompacted or replaced with compacted native soils. Structural Fill General: All fill placed beneath buildings, pavements or other settlement sensitive features should be placed as structural fill. Structural fill, by defmition, is placed in accordance with prescribed methods and standards, and is monitored by an experienced geotechnical professional or soils technician. Field- monitoring procedures would include the performance of a representative number of in-place density tests to document the attainment of the desired degree of relative compaction. Materials: Imported structural fill should consist of a good quality, free-draining granular soil, free of organics and other deleterious material, and be well graded to a maximum size of about 3 inches. " " Imported, all-weather structural fill should contain no more than 5 percent fines (soil finer than a Standard " U.S. No. 200 sieve), based on that fraction passing the U.S. 3/4-inch sieve. The use of on-site soil as structural fill will be dependent on moisture content control. Some drying of the native soils may be necessary in order to achieve compaction. During warm, sunny days this could be accomplished by spreading the material in thin lifts and compacting. Some aeration and/or addition of moisture may also be necessary. We expect that compaction of the native soils to structural fill specifications would be difficult, if not impossible, during wet weather. Fill Placement: Following" subgrade preparation, placement of the structural fill Iriay proceed. Fill should be placed in 8-to lO-inch-thick uniform lifts, and each lift should be spread evenly and be thoroughly compacted prior to placement of subsequent lifts. All structural fill underlying building areas, Cornerstone Geotechnical, Inc. I I I " J I, I I· I I, I 0" I I. I : .... I I I I Geotechnical Engineering Report Victoria Pointe Subdivision Renton, Washington September 21,2005 CG File No. 1958 Page 8 and within a depth of 2 feet below pavement and sidewalk subgrade, should be compacted to at least 95 ~percent of its maximum dry density. Maximum dry density, in this report, refers to that density as !ietermined by the ASTM D 1557 compaction test procedure. Fill more than 2 feet beneath sidewalks and pavement subgrades should be compacted to at least 90 percent of the maximum dry density. The moisture content of the soil to be compacted should be within about 2 percent of optimum so that a readily compactable condition exists. It may be necessary to overexcavate and remove wet surficial soils in cases where drying to a compactab1e condition is not feasible. All compaction should be accomplished by equipment of a type ~nd size sufficient to attain the desired degree of compaction. -Temporary and Permanent Slopes Temporary cut slope stability is a function of many factors, such as the type and consistency of soils, depth of the cut, surcharge loads adjacent to the excavation, length of time a cut remains open, and the presence of surface or ground water. It is exceedingly difficult under these variable conditions to estimate a stable temporary cut slope geometry. Therefore, it should be the responsibility of the contractor to , maintain safe slope configurations, since the contractor is continuously at the job site, able to observe the nature and condition of the cut slopes, and able to' monitor the subsurface materials and ground water conditions encountered. For planning purposes, we recommend that temporary cuts ill the near-surface weathered soils be no greater than 1.5 Horizontal to 1 Vertical (1.5H:IV). Cuts in the underlying firmer soils may stand at an inclination as steep as IH: 1 V. If ground water seepage is encountered, we would expect that flatter inclinations would be necessary. We recommend cuts in the vault area stiff silts to be inclined no steeper than 1.5H:IV. This may be steepened somewhat based on observations in the field. However, it should be understood that these materials do not have the strengths associated with the till-like drift encountered on the site at upper elevations. We recommend that cut slopes be protected from erosion. Measures taken may include covering cut slopes with plastic sheeting and diverting surface runoff away from the top of cut slopes. We do not recommend vertical slopes for cuts deeper than 4 feet, if worker access is necessary. We recommend that cut slope heights and inclinations conform to local and WISHAlOSHA standards, Cornerstone Geotechnical, Inc. I I~ I I I I I I I I, I I, , I ; I I. I I I Geotechnical Engineering' Report Victoria Pointe Subdivision Renton, Washington September 21, 2005 CG File No.' 1958 Page 9 Final slope inclinations for structural fill and the cuts in the native soils should be no steeper than 2H: 1 V. ,Fill slopes over 10 feet in height will need to have the fill type evaluated for suitability for use in 2H: I V slopes. Lightly-compacted fills or common fills should be no steeper than 3H: 1 V. Common fills. are defined as fill material with some organics that are "trackrolled" into place. They would not meet the compaction specification 'of structural fill. Final slopes should be vegetated and covered with straw or jute netting. The vegetation should be maintained until it is established. Fmmdatiollls This section pertains to residential foundations only. Foundation recommendations for the vault walls are presented in the separate subsections. Conventional shallow spread foundations should be founded on undisturbed, medium dense or firmer soils, or be supported on structural fill extending to those soils. If the soil at the planned bottom of footing elevation is not medium dense or firmer, it should be overexcavated to expose suitable bearing soil, and the excavation should be filled with structural fill, or the footing may be overpoured with extra concrete. We anticipate overexcavation and backfilling with a structural fill will be completed in the existing fillareas. Footings should extend at least 18 inches below the lowest adjacent finished ground surface for frost protection and bearing capacity considerations. International Building Code (IBC) guidelines for minimum foundation widths should be followed for both continuous and isolated spread footings. Standing water should not be allowed to accumulate in footing trenches. All loose or disturbed soil should be removed from the foundation excavation prior to placing concrete. For foundations constructed as outlined above, we recommend an allowable design bearing pressure of 2,000 pounds per square foot (psi) be used for the footing design. This value may be increased by one- third when considering short-term transitory wind or seismic loads. ,Potential foundation settlement using the recommended allowable bearing pressure is estimated to be less than I-inch total and 'h-inch differential between footings or across a distance of about 30 feet. Higher soil bearing values may be appropriate for footings founded on the. unweathered soils, and with wider footings. These higher values can be determined after a review of a specific design. Cornerstone Geotechnical, Inc. I, I' I I I I I; I I , , I, I: cl' I .•• ..1 I I, I .C1 I I Geotechnical Engineering Report Victoria Pointe Subdivision ~enton, Washington September 21, 2005 CG File No. 1958 Page 10 Siabs-Oo-Grade The subgrade for slabs-on-grade should be prepared as outlined in our Site Preparation and Grading subsection. Soils that are observed to weave dUring compaction should be overexcavated and replaced with structural fill. Where moisture control is important, we recommend that at least 6 inches of free- draining material be placed under slabs-on-grade to act as a capillary break. The capillary break material should be separated from slabs by a vapor barrier, such as 6-mil plastic sheeting. An additional 2-inch- thick damp sand blanket should be used to cover the vapor bairier to protect the membrane and to aid in curing the concrete. This will also help prevent cement paste bleeding down into the capillary break through joints or tears ~ the vapor barrier. The capillary, break material should be connected· to the footing drains to provide positive drainage. Drainage We recommend that runoff from impervious surfaces, such as roofs, driveway and access roadways, be collected and routed to an appropriate storm water discharge system. Final site grades should allow for drainage away from any buildings. Surface water should be collected by permanent catch' basins and drain lines, and be discharged into a storm drain system. We recommend that footing drains be used around all of the structures where moisture control is important. . The underlying soils may pond water that could accumulate in crawl spaces. It is good practice to use footing drains installed at least 1 foot below the planned fInished floor slab or crawlspace elevation to provide drainage for the crawlspace. Footing drains should consist of 4-inch-diameter, perforated PVC pipe that is surrounded by free-draining material, such as pea gravel. Footing drains should discharge into tightlines leadin~ to an appropriate collection and discharge point. Crawlspaces should be sloped to drain, and a positive connection should be made into the foundation drainage system. For slabs-on-grade, a drainage path should be provided from the capillary break material to the footing drain system. Roof drains should not be connected to wall or footing drains. Cornerstone Geotechnical, Inc. I, I I I I I I I, I -' I I I I I I , I -' I I Geotechnical Engineering Report Victoria Pointe Subdivision Renton, Washington September 21, 2005 CG File No. 1958 Page 11 Detention V 3ult The concrete walls of the detention vault may be, supported on foundations bearing on the lijlderlying stiff silt anticipated to be encountered in the vault area. These soils will disturb very easily. We recommend that the excavation be made with a smooth bladed backhoe to minimize disturbance. If the excavation is to be exposed to water (rain) or if seepage is encountered, we recommend that the base of the excavation be covered with free draining gravel to reduce disturbance due to construction traffic_ We recommend an , allowable soil bearing pressure of 2500 pounds per square foot (pst) for the design of the wall footings poured on the silt. Higher values may be appropri~te for foundations wider than 3 feet. We can provide those values based on specific design, if desired_ We recommend that footing drains be installed on the outside of perimeter footings. The footing drains should be at least 4 inches in diameter and should consist of perforated or slotted, rigid, smooth-walled PVC pipe, laid at the bottom of the footings. The drain line should be surrounded with free-draining pea gravel or coarse sand and wrapped with a layer of non-woven filter fabric. A vertical drainage blanket at least 12 inches thick, consisting of compacted pea-gravel or other free-draining granular soils, should be placed against the walls. A vertical drain mat,such as Miradrain 6000 by Mirafi, Inc., may be placed against the walls in lieu of the vertical drainage blanket. Structural fill is then placed behind the vertical drainage blanket or drain mat to backfill the walls. The vertical drainage blanket or drain mat should be hydraulically connected to the drain line at the base of the walls. Sufficient number of cleanouts at strategic locations should be installed for periodical cleaning of the wall drain line to prevent clogging. The perimeter walls of the concrete vault with a lid would be restrained at their top from horizontal movement and should be designed for at-rest lateral soil pressure, while the perimeter walls of a vault without a lid would be unrestrained at the top and may be designed for active lateral soil pressure. Active earth pressure and at-rest earth pressure can be calculated based on eqUIvalent fluid density. Equivalent fluid densities for active and at-rest earth pressure of 40 per cubic foot (pct) and 60 pcf, respectively, may be used for· design for a level backslope. These values assume that the on-site soils are used for backfill, and that the wall backfill is drained. The preceding values do not include the effects of surcharges due to foundation loads, traffic or other surface loads. . Surcharge effects should be considered where appropriate. For undrained soil conditions, the active and at-rest pressures should be increased to 80 pcf Cornerstone Geotechnical, Inc. I I, I I I ,.:. I:' , ..•. I .> I' I J I- I' I I _4 I I, -' I .i.-? I ,. I Geotechnical' Engineenng Report Victoriap'oinfe Subdivision ' , Renton, Washington September 21, 2005 CG File No. 19.58 ' Page 12 and 90 pcf, respectively. Undrained conditions may occur in the lower portion of the vault if there is not suitable 'fall to place a wall dntin at the fo~ting elevation. ~ , , Using the site s~ismic data provided p~eviously, we detennined seisnP.c:,design criteria for the walls. For' the design seismic conditions, we reco~end increasing the above loads :by unifonn press~es of lIn, and,23H'(psf) for the active arid at-rest cases, respectively.' We recommend that an equivalent fluid density ~f200 pef be uSed to calculate the ,allowable lateral passive resistance for'the case ofa level tioUJld surface adjacent to the footing,: A coeffiCient of friction . ,b~tW~enfootings,~~d,soi1of{L4 ni~yb~llsed,and s~~uld be.~ppljed 'to fue.vertical dead Joad only. , A , , factor ~f safetyof2.0·ha~ been applied to the pa~si~e pressure to accoupt fc;>r required moyements to . .' generate, these pressures. The friction c~efficient does not include a Jact,orof safety. Pavement The perfonnance of roadway pavement is critically related to the conditiohsof the underlying subgdtde. . -' . . . . . '.' . We recommend that the sub grade soils' within the roadways be prepared as described in the Site Preparation and Grading subsection of this report. Prior to placing base material, the sup grade soils -. ' . ~ . should be' compacted to a non-yielding state with a vibratory roller compactor and thenproof-rolled:.with a piece Of heavy construction equipment, such a.s a fully-loaded dump truck. Any areas with excessive . weaving or flexing should be overexcavatedand recompacted or replaced with a structural fiiI or CIUf;hed . . . . rock placed and compacted in accordance with recommendations provided. in the' Structural Fill" subsection of this report. . ' USE OF THIS REPORT ", . . We have prepared this report for Bob West and.his agents, for use inplanninganddesigilofthi~project. . . '.' ~ . . The data and report should b,e provided to pr:o~pective contractors for th~ir biddi~g and estim~ting purposes, but our report; conclusions and interpretations should not be construed as a warranty of subsurface conditions. . , , The scope~f o~r services does not' include sernces related to construction safety precaution~, and our . ..-. recommendations are not intended to direct the contractors' methods, techniques, sequences or Cornerstone Geotechnical, Inc. I I I I I I I 'I I I I I , I I I I ~. I I Geotechnical Engineering Report Victoria Pointe Subdivision Renton, Washington September 21,2005 CG File No. 1958 Page 13 procedures, except as specifically described in our report, for consideration in design. There are possible variations in subsurface conditions. We recoI¥ffiend that project planning include contingencies in budget and schedule, should areas be found with conditions that vary from those described in this report. Within the limitations of scope, schedule and budget for our services, we have strived to take care that our services have been completed in accordance with generally accepted practices followed in this area at the time this report was prepared. No other conditions, expressed or implied, should be understood. We appreciate the opportunity to be of service to you. If there are any questions concerning this report or if we can provide additional services, ple~se call. Sincerely, technical, Inc.- Charles P. Couvrette, PE Principal Engineer TRC:CPC:nt Three Copies Submitted Five Figures Information about this Geotechnical Engineering Report Cornerstone Geotechnical, Inc. Cornerstone Geotechnical, Inc. Vicinity Map Phone: (425) 844-1977 Fax: (425) 844-1987 File Number Bob West Figure 1 I I I I I I I I I I I I I I I I ,I i ! I ~ / I ( r \ '; / j ,I /' , ) / / i ! I' ¢t ;' I / , I 1/ / ! / .I I " / I ( / { I ,--" ( /- f rT /" J~iir' /4:\ / / f ; / ;ii' I // ,I Site Plan ~-( I . __________________ ~ ______ _ III '/11 / I I I o 40 Scale 1" = 40' .~ Il: I M·Y£L /rPl'v'i..'I /11 -~T ----,t.:-r ~~~ --~j ~ ~ _~ .I ' _ ...... ~~I /' :r ,-__ t,~.~.f 1 "'-~' --..-~:'-'-"i ,/,-----:)t "---~ ... 1 -4C ~J>.. ... _ -J--_ _,_ ""-'"'--y, . ';~,,\ (1 I rY I /" ,/., J I -;/~/ !,--J '-~ "'1" ~ (,' _ c ' \ ·'AZ. l :;~\:-J~ 1 J /1 ,~(q' J J r .j.r // I / \ "\ •• '-1.... ,~ r"'~Yf' I . rF I ( . / / I r (J J) ElQ i I\~'-,.-....I r~ f-J.----I .' .If ~i I I ~) rl,)::r-, t -I, t ,I / i I i,:f'~ I L ~ -l ( jTP-1Jj ~ ~ I .~ I L . I 'JJI ! I-r·. (1~1 -~ ----..J...f. i t, . If f '1..~.·1 \ III Iii / fLr::+. '. ,C',;., "; T;TIV:-fi I; r \ \ ~. f . .J< 12: J'" I ", 'i -'"' / \. -'( £1 .,~~ ...... qr , '--';-0::;: .....,... -/-''--/-./-+--/-:--..+_-.1.....J. 80 ;- LEGEND Number and Approximate Location of Test Pit Bob West Cornerstone Phone: (425) 844-1977 Fax: (425) 844-1987 c 'I Reference: Site Plan based on site plan provided by City of Renton, dated August 3, 2005. --...--17625"130th Ave NE, C-102 0 Woodinville, WA 0 ~ Geotechnical, Inc. I File Number U Figure 1958 2 I I I I I I I I I I I I I I I I I Unified Soil Classification System MAJOR DIVISIONS GROUP GROUP NAME SYMBOL GRAVEL CLEAN GRAVEL GW WELL-GRADED GRAVEL, FINE TO COARSE GRAVEL COARSE- GRAINED MORE THAN 50% OF GP POORL Y-GRADED GRAVEL COARSE FRACTION SOILS RETAINED ON NO.4 GRAVEL GM SILTY GRAVEL . SIEVE . WITH FINES GC CLAYEY GRAVEL MORE THAN 50% RETAINED ON SAND CLEAN SAND SW WELL-GRADED SAND, FINE TO COARSE SAND number 200 SIEVE SP POORLY-GRADED SAND MORE THAN 50% OF COARSE FRACTION SAND PASSES NO.4 SIEVE WITH FINES· SM SILTY SAND SC CLAYEY SAND . SILT AND CLAY INORGANIC FINE-ML SILT GRAINED LIQUID LIMIT CL . CLAY LESS THAN 50% . SOILS ORGANIC OL ORGANIC SILT, ORGANIC CLAY MORE THAN 50% SILT AND CLAY INORGANIC PASSES NO. 200 SIEVE MH SILT OF HIGH PLASTICITY, ELASTIC SILT LIQUID LIMIT CH CLAY OF HIGH PLASTICITY, FAT CLAY 50% OR MORE ORGANIC OH ORGANIC CLAY, ORGANIC SILT HIGHLY ORGANIC SOILS PT PEAT NOTES: SOIL MOISTURE MODIFIERS 1) Field classification is based on Dry-Absence of moisture, dusty, dry visual examination of soil in general to the touch accordance with ASTM D 2488-83. 2) Soil classification using laboratory Moist-Damp, but no visible water tests is based on ASTM D 2487-83. Wet-Visible free water or saturated, . 3) Descriptions of soil density or usually soil is obtained from consistency are based on below water table interpretation of blowcount data, visual appearance of soils, and/or test data. Cornerstone Phone: (425) 844-1977 Unified Soil Classification System Geotechnical, Inc. Fax: (425) 844-1987 17625-130thAve NE, C-102 0 Woodinville, WA-98072 Figure 3 .1 I I I I I I I I I I I I I I DEPTH TEST PIT ONE 0.0-0.3 0.3-1.5 1.5 -3.5 3.5-5.0 TESTPITlWO 0.0-0.3 0.3 -1.2 1.2 -9.0 9.0-9.5 TEST PIT THREE 0.0-0.3 0.3 -1.5 1.5 -3.5 3.5-5.0 usc SM SM SM SM SM 8M SM SM ML LOG OF EXPLORATION SOIL DESCRIPTION SOD LIGHT BROWN SILTY FINE SAND WITH GRAVEL (LOOSE TO MEDIUM DENSE, DRY) (TOPSOIUFILL) ORANGE BROWN SILTY FINE SAND WITH GRAVEL, TRACE CLAY (DENSE, MOIST) (TOPSOIUFILL) BLUISH GRAY MOTTLED ORANGE BROWN, SILTY FINE SAND WITH GRAVEL (DENSE TO VERY DENSE, MOIST) (TILL·L1KE DRIFT) SAMPLES WERE COLLECTED AT 1.0,2.5, AND 5.0 FEET GROUND WATER SEEPAGE WAS NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PIT WAS COMPLETED AT 5.0 FEET ON 912105 SOD BROWNISH-GRAY SILTY FINE SAND WITH GRAVEL, TRACE ORGANIC (LOOSE TO MEDIUM DENSE, DRY) (FILL) LIGHT BROWN TO YELLOWISH SILTY FINE SAND WITH GRAVEL,TRACE CLAY AND FRAGMENTS OF PIPES AND CONCRETE (MEDIUM DENSE, DAMP) (FILL) BLUISH GRAY MOTTLED BROWN WITH ORANGE STAINING, SILTY FINE TO MEDIUM SAND WITH GRAVEL (STIFF TO VERY STIFF, MOIST) (TILL-LIKE DRIFT) SAMPLES WERE COLLECTED AT 1.0, 3.0, AND 9.0 FEET GROUND WATER SEEPAGE WAS NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PIT WAS COMPLETED AT 9.0 FEET ON 9/2105 SOD BROWN SILTY SAND WITH GRAVEL, TRACE ORGANIC (LOOSE TO MEDIUM DENSE, DAMP) (TOPSOIL) LIGHT BROWN SILTY FINE SAND WITH GRAVEL, TRACE CLAY (MEDIUM DENSE, DAMP) BLUISH GRAY WITH ORANGE STAINING, CLAYEY SILT WITH SAND AND GRAVEL (STIFF TO VERY STIFF, MOIST) (TILL-LIKE DRIFT) SAMPLES WERE COLLECTED AT 1.0, 2.5, AND 4.5 FEET GROUND WATER SEEPAGE WAS NOT ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PIT WAS COMPLETED AT 5.0 FEET ON 9/2105 CORNERSTONE GEOTECHNICAL, INC. FILE NO 1958 FIGURE 4 ~ . I I I I I I I I I I I I I I I I I DEPTH TEST PIT FOUR 0-1.0 1.0 -6.5 6.5-9.5 usc SM SM ML LOG OF EXPLORATION SOIL DESCRIPTION DARK BROWN GRAY SILTY FINE SAND WITH GRAVEL (MEDIUM DENSE, DRY) (TOPSOIUFILL) ORANGE BROWN SIL TYFINE SAND WITH GRAVEL, TRACE CLAY (DENSE, MOiST) ~~ . BLUISH GRAY WITH ORANGE STAINING, CLAYEY SILT WITH SAND AND GRAVEL (STIFF, MOIST) SAMPLES WERE COLLECTED AT 2.5 AND 7.0 FEET GROUND WATER SEEPAGE WAS NOT-ENCOUNTERED TEST PIT CAVING WAS NOT ENCOUNTERED TEST PIT WAS COMPLETED AT 9.5 FEET ON 912105 CORNERSTONE GEOTECHNICAL, INC. FILE NO 1958 FIGURE 5 I I I I I I I I I I I I I I I I I I I !Imporlanl ilnlonmalion Ihoot lour 1 Geotechnical Engineering Report----- . Geotechnical Services Are Performed lor Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engi- neer may not fulft II the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared sole/yfor the client. No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one -not even you -should apply the report for any purpose or project except the one originally contemplated. Read thllD Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. A GellDteclBllllica~ iEBBgineeru!IlI!ID Rep«lu!'t Is Baselli on IUBnilllueSet l1li1 Project-SpecUic Factors Geotechnical engineers consider a number of unique, project-specific fac- tors when establishing the scope of a study. Typical factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and undergroiind utilities. Unless the geotechnical engineer who conducted the study specifically indicates oth- erwise, do not rely on a geotechnical engineering report that was: .., not prepared for you, . .., not prepared for your project, o not prepared for the specific site explored, or .., completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: o the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, • elevation, configuration, location, orientation, or weight of the proposed structure, • compOSition of the design team, or • project ownership. . As a general rule, always inform your geotechnical engineer of project changes--even minor ones-and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were notinformed. Subsurface Conditiolllls Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineer- ing report whose adequacy may have been affected by: the passage of time; by man-made events, such as construction on or adjacent to the site; or by natural events, such as floods, earthquakes, or groundwater fluctua- tions. Always contact the geotechnical engineer before applying the report to determine if it is still reliable. Aminor amount of additional testing or analysis could prevent major problems. Most GeotechnicallfiBIIlllings Are Professional OllliIBUlIIll1S . Site exploration identifies subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engi- neers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ-sometimes significantly- from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method ot managing the risks associated with unanticipated conditions. It Report's Recommendations Are /IIot Final . Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engi- neers develop them principally from judgment and opinion. Geotechnical engineers can finalize theirrecommendations only by observing actual I I I I I I I I I I I I I I I I I I I subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the report's recommendations if that engineer does not perform construction observation. sa GeomcllJllllical Engineering RepllJlrt Is Sulillject tllB Misinterpretation . Other design team members' misinterpretation of geotechnical engineering reports has res~lted in costly problems. Lower that risk by having your geo- technical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical engineer to review perti- nent elements of the design team's plans and specifications. Contractors can also misinterpret a geotechnical engineering report. Reduce that risk by . having your geotechnical engineer participate in prebid and preconstruction conferences, and by providing construction observation. Do Not Redraw the Engineer1s Logs Geotechnical engineers prepare final boring and testing logs based upon . their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering report should neverbe redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognize that separating logs from the report can elevate risk. Give Contractors a Complete RepDrt and GauidallfDce Some owners and design professionals mistakenly believe they can make contractors liable for unantiCipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give con- tractors the complete geotechnical engineering report, but preface it with a clearly written letter of transmittal. lri that letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with the geotechnical engineer who prepared the report (a modest fee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure contrac- tors have sufficient time to perform additional study. Only then might you be in a pOSition to give contractors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Read ReSlllulIlRllsibiBity Provisions Closely Some clients, design professionals, amtcontractors do not recognize that geotechnical engineering is far less exact than other engineering disci- plines. This lack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes~ To help reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their reports. Sometimes labeled "limitations' many of these provisions indicate where geotechnical engineers' responsi- bilities begin and end, to help others recognize thcir own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. GeoeDllvirullBllmental COIlBllcerBlls Are Not Coverellll The equipment, techniques, and personnel used to perform a geoenviron- mental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical engineering report does not usually relate any geoenvironmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. UnantiCipated environmental problems have led to numerous project failures. If you have not yet obtained your own geoen- vironmental information, ask your geotechnical consultant for risk man- agement guidance. Do not rely on an environmental report prepared for someone else. Obtain ProfessioBllal Assistance To Deal with MollI! Diverse strategies can be applied during building deSign, construction, operation, and maintenance to prevent significant amounts of mold from growing on indoor surfaces. To be effective, all such strategies should be ·devised for the express purpose of mold prevention, integrated into a com- prehensive plan, and executed with diligent oversight by a professional mold prevention consultant B~cause just a small amount of water or moisture can lead to the development of severe mold infestations, a num- ber of mold prevention strategies focus on keeping buildirig surfaces dry. While groundwater, water infiltration, and similar issues may have been addressed as part olthe geotechnical engineering study whose findings are conveyed in this report, the geotechnical engineer in charge of this project is not a mold prevention consultant; none of the services per- formed in connection with the geotechnical engineer's study were designed or conducted for the purpose of mold preven- tion. Proper implementation of the recommendations conveyed in this report will not of itself be sufficient to prevent mold from growing in or on the structure involved. Rely, on Your IlSFf-Member Geotechncaal iElBgilllleer lor Additional ASsDstaraCIIB Membership in ASFE/The Best People on Earth exposes geotechnical engineers to a wide array of risk management techniques that can be of . genuine benefit for everyone involved with a construction project. Confer with you ASFE-member geotechnical engineer for more information. ASFE Tbe BeSi People 00 Urlk 8811 Colesville Road/Suite G106, Silver Spring, MD 20910 Telephone: 301/565-2733 Facsimile: 301/589-2017 e-mail: info@asfe.org www.asfe.org Copyright 2004 by ASFE. Inc. Duplication, reproduction, or copying of this documem, in whole or in part, by any means whatsoever. is strictly prohibited, except with ASFE's specific written permission. Excerpting, quoting, or otherwise. extracting wording from this document is permitted only with the express written permission of ASFE, and only for purposes of scholarly research or book review. Only members of ASFE may use this document as a complement to or as an element of a geotech/iical engineering report. Any other firm, individual, or other entity that so uses this document without being an ASFE member could be committing negligent or intentional (fraudulem) misrep~sentation. IIGER06045.0M 'A February 7, 2006 OFF][CE OF THE BEARiNG E~R CITY OF RENTON Minutes APPLICANT: OWNERS: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: . PUBLIC HEARING: Robert E. West Hi Point Development 3904 Park Ave N Renton, W A 98056 Steven B. Altringer Ronald F. Furrer 3701 Wells Ave N Renton, W A 98056 Victoria Pointe Preliminary Plat File No.: LUA 05-115, ECF, PP 3701 Wells Ave N Approval for a 10-10t subdivision of a 1.69-acre site intended for the development of single-family detached units. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on January 17, 2006. 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 folloWing minutes are a summary of the January 24, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, January 24,2006, at approximately 9:01 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: Preliminary Plat Plan Exhibit No.4: Proposed Offsite Storm Drainage System Im"'provements Victoria Pointe Preliminary Plat· File No.: LUA-05-115, ECF, PP February 7, 2006 Page 2 Exhibit No.5: Zoning Map Exhibit No.7: Street Width Modification Exhibit No.6: Existing Conditions Plan The hearing opened with a presentation of the staff report by Keri Weaver, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The applicant proposes to subdivide a 1.69-acre site into 10 lots for single-family residences. Three single-family residences arid their accessory structures were present on the site and are currently in the process of being removed. A stormwater bioswale is proposed to be located at the west end of the site adjacent to Lake Washington Boulevard. The site is zoned R-8. The net density is 7.7 dwelling units per acre after the required deduction for public right-of-way along the full extension ofN 37th Street from Wells Ave N to Lake Washington Boulevard. All lots meet the requirements for lot size, width, depth, setbacks and height of buildings. All lots would be oriented towards the extension ofN 37th Street and would have access to that road from individual driveways. North 37th Street will be constructed through the plat and a modification has been approved by the City to allow this road to be reduced to 42 feet in width. The applicaIit will be required to provide sidewalk, curb and gutter as well as 5-feet oflandscaping along all portions ofN 37th Street that are included within the development. It is being recommended that the applicant construct a fence to separate the developed half street portion ofN 37th Street from the private easement that serves the existing lots to the south. A drainage report was submitted which proposes a bioswale along the frontage of Lake Washington Boulevard with connection of treated runoff to the existing storm drain system in Lake Washington Boulevard. Since the site drains into Lake Washington, onsite detention is not required. The Off site Analysis indicates that the downstream system would not be considered adequate to receive flows from 25-year storm event. The applicant will be required to provide a series of off site drainage improvements including repair and relaying of pipes along Lake Washington Boulevard and redirection of most stormwater flows to the north and south. The Environmental Review Committee issued a Determination of Non-Significance -Mitigated with 6 mitigation measures. No appeals were filed. . Fire, Transportation and Park Mitigation Fees have been imposed for this plat. The site is located within the Renton School District and they have indicated that they can handle the proposed 4 additional students. The Examiner inquired as to why the fence was being installed separating the public road from the easement. It seems like an odd sequence. Ms. Weaver stated that it was for the safety of people passing through on N 37th and also an attempt to give some protection to the homeowners on the south side who will continue to use the private easement. The pavement on the full width section ofN 37th will taper and continue in the half-street portion. There could be confusion with people driving on N 37th and for people turning into N 37th Street. The east side ofthe easement is proposed to be fenced. ,. Victoria Pointe Preliminary Plat File No.: LUA-05-115, ECF, PP February 7, 2006 Page 3 ) Robert West, Hi Point Development, 3904 Park Avenue N., Renton, W A 98056 stated that he was retained by the property owners, Mr. Furrer and Mr. Altringer to act as developer for this project. Regarding the gate that was proposed for the west side of the 25-foot extension, N 37th, originally they had been asked by the City to have that gated. It was incorporated into the plans for preliminary approval, then a change was made by the ERC and they proposed that there not be agate. Their position is they will do whatever the City requires. He further commented that Ms. Weaver indicated that staff stated that full improvements would be made south of the road south of proposed Lots 1 and 2 and east of proposed Lot 8. It is his understand that it was not their intent to put full improvements on property that they do not own. The existing easement on Lot 8 has been vacated by action by the City Council. It has been paid for and the transaction is completed. Steve B. Altringer, PO Box 2903, Renton, W A 98056 stated that he has been a city resident for almost 30 years. He has lived on this property since March 1996. He believes it is the right time for this property to be developed, it will be a great asset for Kennydale and the City of Renton. Quality homes will be built with this project. He feels that there have been some problems with storm drainage in the past and with this development they will be clearing up a lot of those past problems. Shailesh Tatu, Civil Engineer, Infrastructure Consulting Corp., 1082 Kirkland Avenue NE, Ste. B, Renton, WA 98056 stated that under existing conditions, the storm water coming down the slopes enters the storm system into a structure that allows the flow across the railroad and down to the lake. There are some things with that dramage system that makes it substandard, it will not convey the 25-year flow without flooding. The City also shows a pipe that goes north to a structure with al2-inch pipe that goes to the lake. That pipe is obstructed in a couple of places. They propose to excavate the pipe in those two locations and clear the obstructions and make the pipe work correctly. They also intend to put an elbow in the pipe to the west so that water may not flow that direction, the downstream system cannot handle the load. They will also construct a pipe south from the frontage of the property and connect to the existing system to the south, which will convey to the lake. They will be creating three ways for the water to get to the lake and in that process take care of the existing problems. Sandra Spelman, 3632 Lake Washington Boulevard N, Renton, W A 98056 stated that her major concern is that once the project is developed, they wi1llose access to Wells Street from her house. Fire, ambulances, delivery truckS and garbage trucks will not be able to get into her area. It is impossible to make the turn in from the west side because of the steepness of the baTIk and the narrowness of the driveways. All these vehicles currently come in from the east side. There is a fence that goes across their easement (west of proposed Lot 10 and south of 37th). They would like to request that the fence be replaced with a gate that could be opened, not locked, by vehicles using the road. There was further concern about the erosion plan, not only after the homes are constructed, but during the development. An oil tank was dug up from the house directly behind her and that caused some major mudflow. There was a lot of mud in their driveway and carport due to that activity. When the actual grading begins, she is concerned that the mud flow will get worse. . The initial report recommended that no work be done on Sunday, and yet they were out there Sunday at 8:15 am tearing down houses. Construction vehicles and workers using her driveway to get to their sites, this is going to damage their driveway very quickly. She would like to see that activity terminated immediately. Victoria Pointe Preliminary PlatC File No.: LUA-05-115, ECF, PP February 7, 2006 Page 4 What does the City plan on changing in order to improve the traffic flow? Sally Rochelle, 3626 Lake Washington Boulevard N., Renton, WA 98056 stated that her lot is very high and she is concerned that her easement is not a gravel road, but a blacktop roadway. The eaves of her garage hang out over the easement. There is a very difficult alleyway to maneuver, it is a sharp tum off of Lake Washington Boulevard, she does not believe that Fire Trucks could get up that way and then with the fence it will be even more difficult. It seems that there needs to be some kind of barrier between their easement and the new 25-foot roadway, however it is very difficult for them to get out of their street. Her main concern is the quantity of the traffic. Edie Hamilton, 3714 Lake Washington Boulevard, Renton, WA 98056 stated that she is concerned about the stormwater, even though the bulk of the water runs towards the west, it also comes across and down her driveway to the west. She wanted to make sure that the developer addressed that issue to the north side of the property. Neil Watts, Development Services Director, €ity of Renton stated that the drainage is a little unusUal, sites of this size normally will have both water quality treatment and detention, however, sites that can directly discharge to the lake do not require detention. Part of the challenge with the requirements for direct discharge is that capacity must be shown, not only for the existing basin but for full build out in the basin. This is an excellent opportunity to solve some of the problems that exist with the system that runs directly west of the site, that line is currently substandard and does not handle the drainage very well. It also provides opportunities to correct some deficiencies in the public system on Lake Washington Boulevard to the north. There was a gate at one point that was to block access to the west. The original proposal did not have a public right-of-way going west in front of Lots 5, 6, and 7, that was proposed as a private easement road. Public Works required that this be dedicated as a public right-of-way. The request for the gate came from that original proposal and was a Fire Department response, they are used to seeing gates on private access easements. In this particular case, there is a need for a public street and there is no need for a gate across a public street. ERC originally had concerns with a driveway that close to a public street. People trying to tum into N 37th to one of the new lots would accidentally drive into the driveway and cause confusion and the property owners would not like a variety of people driving in their driveways and trying to tum around. The intent of that fence was to delineate a private driveway versus a public street. It was not the intent to fence those properties off from access to N 37th• There is no objection from the City to have access from the private property to N 37th• The fence could have gates with allow access to N 37th• The Examiner stated that Ms. Rochelle and Ms. Spelman could work with the City to find a better solution than a fence. It seems that a fence will not work very safely or efficiently along Lake Washington Boulevard. In the same manner, if you put a fence at the jog in the road, people coming up the extension will not see cars coming. Mr. Watts stated that there are different fences, and this one would not necessarily have to be 6-feet high. The preference would be for the property owners to work out something mutually advantageous. Erosion control is always a challenge with construction and especially this time of year. Erosion control measures remain in place through the building of the homes and they try to be active in inspecting the area and the Code Enforcement group to enforce the laws. Times of construction again can be a problem with communications between the various levels of construction workers. The best solution in this case is to call "911", tell them that this is a non-emergency call, the police can go to the site, document what is going on and the Code Enforcement group can then take appropriate action. Victoria Pointe Preliminary Plat File No.: LUA-05-115, ECF, PP February 7, 2006 PageS Mr. Altringer stated that they had no problem with a gate at the jog, there has always been a gate there that garbage and emergency vehicles have used, that is fine if a gate stays there. 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 approximately 10:02 a.m, FINDINGS, CONCLUSiONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Robert E. West, Hi Point Development, filed a request for a Preliminary Plat approval. 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 Determination of Non-Significance -Mitigated (DNS-M) .. 4. The subject proposal was reviewed by all departments with an interest in the ~tter. 5. The subject site is located at 3701 Wells Avenue N. The parcel actually runs from Well Avenue N (on the east) to Lake Washington Boulevard N on the west. North 37th Street if extended westward (which is proposed in this plat) would run through the middle of the parcel. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as . suitable for the development of detached single-family homes, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 5140 enacted in December 1969. 9. The subject site is approximately 1.69 acres in size. The parcel is a flattened T-shape that is approximately 480 feet long (east to west) and ranges from approximately 110 feet wide to 220 feet wide. 10. The parcel slopes downward toward Lake Washington Boulevard from approximately 110 feet to 40 feet. The parcel has an average grade of approximately 12%. While there are some steeper slopes in the middle of the site, none of the slopes are protected. There are no critical areas on the subject site. 11. Three homes on the site are in the process of being removed. 12. The applicant proposes to maintain three of the fourteen trees found on the site. The remaining vegetation consists oflawn grass and shrubs. Most vegetation would be removed to accommodate right-of-way, building pads and driveways. Victoria Pointe Preliminary Pla~ File No.: LUA-05-115, ECF, PP February 7,2006 Page 6 13. The applicant proposes dividing the subject site in ten (10) lots with North 37 Street dividing the plat into a north portion and a south portion. Proposed Lots 1 to 7 (in east to west order) would be located on the north side of the street. Proposed Lots 8, 9 and 10 (also east to west) would be located on the south side of North 37th Street. The lots are all rectangular with the exception of Proposed Lot 7. Lot 7 is located at the western end of the plat where Lake Washington Boulevard cuts a slight angle across the property. The proposed lots will range in size from approximately 4,725 square feet to 7,134 square feet. 14. The applicant would extend N 37th Street across the plat connecting Wells Avenue and Lake Washington Boulevard with a public street. The new street would vary in width. Preexisting development south of that roadway both east and west of Proposed Lots 8, 9 and 10 constrain the alignment of North 37th Street. An Administrative modification allows the width to vary from a 42-foot right -of-way east of Proposed Lots 4 on the north and lOon the south to a narrower 25-foot half street profile west of there. The actual alignment and transitions will be determined after working with neighbors in that vicinity (see below). 15. Two third-party parcels, addressed as 3632 and 3626 Lake Washington Boulevard, are generally south of Proposed Lots 5, 6, and 7. Those two lots use an access easement to gain access to their lots. That access easement runs parallel to what would be the new public street, N. 37th. While those lots are located close to Lake Washington Boulevard, most access to those lots occurs from Wells Avenue (east ofthe lots) due to topographic constraints on the west. In order to both protect and delineate that private easement staff recommended that the easement to these homes be separated from the new roadway (N 37th Street) by a fence. The fence would run from the vicinity of Proposed Lot 10 toward Lake Washington Boulevard. Those property owners asked that a gate be provided. 16. The subject site is located within the Renton School District. The project is expected to generate approximately 4 school age children. These students would be spread across the grades and would be assigned on a space available basis. 17. The density for the plat would be 7.7 dwelling units per acre after subtracting the acreage dedicated to roadways. 18. The development will increase traffic approximately 10 trips per unit or approximately 100 trips. Approximately ten percent of the trips, or. approximately 10 additional peak hour trips will be generated in the morning and evening. 19. The applicant proposes providing a bioswale that would be located along Lake Washington Boulevard in the western end of the plat. Since the site drains very quickly toward Lake Washington no detention is required. There have been flooding problems in the area and the current system does not handle 25- year storms. An analysis revealed blockages in the storm sewer system downstream of the subject site. Stormwater flows will be improved by fixing the line, expanding it where necessary and adding a secondary system that handles larger overflows. 20. Sewer service and water service will be provided by the City. 21. There was concern about traffic and turning movements from the plat to Lake Washington Boulevard. Staff noted that the additional traffic is acceptable although drivers will have to accommodate the topography. Victoria Pointe Preliminary Plat File No.: LUA-05-115, ECF, PP February 7, 2006 ) Page 7 CONCLUS][ONS: 1. The proposed plat appears to serve the public use and interest. The subdivision will provide additional housing choices in the Kennydale area of the City where urban services are available. 2. Stonnwater will be treated before it leaves the site but the property's proximity to the lake exempts it from actual detention if downstream capacity is adequate. The stonnwater analysis identified the problems with the drainage line that have been creating problems in the area. Those problems will be addressed as this plat is developed. The development should not tax the system or exacerbate existing problems. 3. The plat will add to the tax base of the City helping to offset some of its impacts. In addition, mitigation fees will help offset impacts on transportation, fire and parks services. 4... The locations of the new road and the existing parallel easement for access to parcels located southof the plat create an odd juxtaposition of roadways. The easement will remain private but merge with the public road on the east. The two roads will run parallel to each other and be immediately abutting one another. Defining their relative extents will be necessary but could create roadway hazards or confusion. A fence could block sight lines and an improperly located gate could create congestion, backup or blocking problems along the public portion of the roadway. It probably would be best if they could be merged and appropriate access provided to the two third party lots in the process but that may not be possible. The applicant, staff and the abutting property owners will be required to work together to create a solution that is effective and safe. 5. In conclusion, the proposed plat should be approved by the City Council subject to the conditions noted below. RECOMMENDATION: The City Council should approve the Preliminary Plat subject to the following conditions: 1. The applicant, staff and the abutting property owners will be required to work together to create a solution that is effective and safe for the transition and separation of the private easement and North 37th Street. The applicant shall be responsible for any fence or other transitional structures, pavement or markings as determined by staff. 2. The applicant shall comply with all requirements of the Determination of Non-Significance - Mitigated that was issued by the Environmental Review Committee on December 28, 2005. 3. The applicant shall provide a detailed landscape plan that shows proposed landscaping for all street frontages and tJ;1e bioswale area. Landscaping shall be consistent with the requirements of RMC 4-2-110. A 5-foot landscape buffer is required along the frontages of Lake Washington Blvd., N. 3th Street (north side only) and Wells Avenue N. If additional undeveloped right-of- way exists outside of the 5-foot buffer areas, those areas shall also be landscaped. The satisfaction of these requirements shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. 4. The dedicated right-of-way ofN 37th Street shall not be gated at any pomt within the plat. Victoria Pointe Preliminary Plat File No.: LUA-05-115, ECF, PP February 7, 2006 Page 8 ORDERED THIS 7th day of February 2006. TRANSMITfED THIS 7th day of February 2006 to the parties of record: Keri Weaver Neil Watts 1055 S Grady Way Development Services Director Renton, W A 98055 City of Renton Steven B. Altringer Ronal S. Furrer PO Box 2903 3701 Wells Ave. N Renton, W A 98056 Renton, W A 98056 Shailesh Tatu Infrastructure Consulting Corp Sally Rochelle 1082 Kirkland Ave NE, Ste. B 3626 Lake Washington Blvd. N Renton, W A 98056 Renton, W A 98056 Charles Huneycutt . Walter J. Tomson 1300 N 20th Street, Ste.#I-2054 3604 Wells Avenue N Renton, W A 98056 Renton, W A 98056 Michael Smith Barbara Premo 3706 Wells Avenue N PO Box20n Renton, W A 98056 Renton, W A 98056 TRANSMITfED THIS 7th day of February 2006 to the following: Mayor Kathy Keolker Stan Engler, Fire Robert E. West Hi Point Development 3904 Park Ave N Renton, W A 98056 Sandra Spelman 3632 Lake Washington Blvd N Renton, W A 98056 Edie Hamilton 2714 Lake Washington Blvd Renton, W A 98056 Jeffrey & Gwen Smith 1004 N 36th Street Renton, W A 98056 Shirley LeSell 3710 Lake Washington Blvd. N Renton, W A 98056 Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Larry Meckling, Building Official Planning Commission Transportation Division Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Victoria Pointe Preliminary Plat File No.: LUA-05-115, ECF, PP February 7, 2006 Page 9 Pur~uant to Title N, Chapter 8, Section 100(G) of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., February 21, 2006. 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 N, Chapter 8, Section 110, which requires that such appeal "'e filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be f'ded in writing on or before 5:00 p.m., February 21, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing ofthe me. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all requests for Reconsideration as well as Appeals to the City Council. I ------r- -----'- <[ U ./,......---....,--t C~i43 ----, , ~ -_ ... __ .. _"--- : ," L!!t-AY" ,C,4;, 3'2 T24N R5E Vi 112;\',-, S431 3- ~ ~I I~i City of Renton King County, WA ~ N /' At .. U,. ---1/ ~hl'5 'oo .. r-~=~-.:::--.-... _ ;----I LEGEND: -----_ua III 'II , I III iii .... -... --...-_.w... _urt "--p- I!2IDl FOil OCCUPAtION DOOUMl!NTATIOH PU!A$I! Rl!~ TO ReCORD OF aUAV8YRl!CDllDllDUNDER __ ' __ _ '8"" " . ' Infrastructure CON Consulting ~. Corporation 1082l<l!1dand A'lenuo HI!, Suite B Renton, WaslllnglOn 98088 ITel.4250272·1020 Fax 425-272·1021 RECORDING NO. PORTION OF HWI/4QF SW 1/4. SEcnON 32.1 24 N. R 5 E. W.Id, ..,.:og::. ..... (' 40200 40 eo I " , uJ SCALE IN FEET ~ PLAT OF VICTORIA POINTE Olltl. BY N.O: CHI<D. BV R. BOYO CITY FILE NUMBER: ________ _ 1"_40' 'Joe NO. 21$0$ SlIm 2 0IfI 2 '1, '''-- ...... "',:; ... , City of Renton P/BIPW Department VICTORIA POINTE PRELIMINARY PiA T PUBLIC HEARING DATE: January 24, 2006 2. ENVIRONMENTAL REVIEW ) Preliminary Report to the Hearing Examiner LUA..(J~115, ECF, pp Page4of8 Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C. 1971 as amended). on December 28. 2005. the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for the Victoria Pointe Preliminary Plat. The DNS-M included 6 mitigation measures as listed below. A 14~ay appeal period commenced on December 28.2005 and ended on January 11. 2005. No appeals were filed. 3. COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of the probable impacts from the proposal. the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Significance -Mitigated (DN5-M): 1. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume 1/ of the 2001 storm water Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This Plan shall be subject to review and approval by the Development Services Division. 2. The applicant shaJl comply with the recommendations contained within the geotechnical report dated Sf!ptember 21, 2005. prepared by Cornerstone Geotechnical, Inc. 3. The applicant shall comply with the recommendations for downstream drainage improvements and mitigation of potential and existing problems in the downstream system, as described in the Section V (Offsite Analysis) revised analysis dated December 9, 2005, prepared by ICON, Inc. and/or as subsequently modified during construction permit review by City staff. 4. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. 5. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 6. The applicant shall pay the appropriate Pari<s Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. 4. STAFF REVIEW COMMENTS Representatives from various City departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file. and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH PRELIMINARY PLAT CRITERIA: Approval of a plat is based upon several factors. The following preliminary plat criteria have been established to assist decision makers in the review of the subdivision: A. Compliance with the Comprehensive Plan Designation. The subject site is deSignated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. The objective established by the RSF is to promote and enhance single-family neighborhoods. The proposal is consistent with the RSF deSignation in that it would allow for the future construction of new single-family homes, thereby promoting goals of infill development. The proposal is consistent with the following Comprehensive Plan Land Use, Housing and Environmental Element policies: Land Use Element Residential Single Family Policy LU-34. Net development densities should fall within a range of 5 to 8 dwelling units per acre in Residential Single Family neighborhoods. staff Rpt VICtoria Polnte 05-115 [ ___ H_E......,.ARI_N_G_E_XA_M_IN_E_R_'_S_RE_P_O_R_T_~J AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON) ) ss. County ofIung ) Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the i h day of February 2006, affiant deposited via the United States Mail a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: Application, Petition or Case No.: otary PublIc in and for the State of Washington esiding at Red Cod , therein. Victoria Pointe Preliminary Plat File No.: LUA 05-115, ECF, PP The Decision or Recommendation contains a complete list of the Parties of Record. Kathy Keolker, Mayor March 7, 2006 , Robert E. West' Hi Point Development 3904 Park Ave. N._ Renton, W A 98056 Re: Victoria-Pointe Preliniitlar.y Plat, UJA-05-11S, PP 3701 Wells Ave, N. Deaf Mr:. West: City Clerk -Bonnie I. Walton At the regular Council meeting of March 6, 2006~ the Renton City Council adopted -the recomniendation'orthe hearing examiner to approve the referenced preliminary plat, subject to conditions to be IIlei allatet stageso( the platting process. - PUrsuant to RCW, a [mal plat meeting all requirements of State law and RentoQ. _ -Muillcipal Code shall be sUbmifted to the C:ity for approval within five years of the ~ate ofprelinpnarYpJafappro:val. ' . If I can provIde additional,illforin~tion or assistance, pl~ase feel free to call.- Sincerely, -Botline: I. Walton 'City·Clerk. -cc: MayorKathy Keolker Council President Randy Caiman Jeruiifer Henning, Prlncipa1_Pl~er Steven B. Altringei ~d RonaldF. Furrer, 3701 Wells Ave. N;, Renton, WA 98056 .. -1-0-55~S-o-u-th-G-r-ad-y-W-a-y---Re-n-to-n-'----, W~as-hi-ngt-()n-'-98-0-55---(-42-5-) -43-0--6-5-10--'--'---'--F-AX-(4-2-5-) 4-3-0--6-51-6-,.... ~ ® .rus pi!percontains 50% recycled rnirterial, WA. post Consumer AHEAD OF THE CURVE . ' . March 6, 2006 Community Services Committee Appointment: Municipal Arts Commission CONSENT AGENDA Council Meeting Minutes of '2127/2006 Appointment: Advisory Commission on Diversity Vacation: Jericho Ave NE, Romano, V AG-05-OO5 Latecomer Agreement: Holmes, Sewer Extension (GrahamAveNE), LA-06-OO1 Latecomer Agreement: Vineyards Construction, Sewer Extension (NE 7th PI), LA-06- 002 Plat: Victoria Pointe, Wells Ave N, PP-05-115 Transportation: Eastside Transportation Partnership Agreement Renton City Council Minutes Page 56 MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL SUSPEND THE RULES AND ADVANCE TO THE COMMUNITY SERVICES COMMITI'EE REPORT REGARDING THE MUNICIPAL ARTS COMMISSION APPOINTMENT. CARRIED. Community Services Committee Chair Nelson presented a report recommending concurrence in the staff recommendation to approve Mayor Keolker's appointment of Roosevelt Lewis to the Municipal Arts Commission for a three-year term expiring 1'213112008. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CMRJED. Councilwoman Nelson introduced Mr. Lewis who explained that he has been an artist his entire life, has taught art, and has worked with artists in various capacities and with the SouthEast Seattle Arts Council. He stated that he is happy to be a part of the Municipal Arts Commission, and appreciates the opportunity to serve the City. In response to Council President Corman's inquiry, Mr. Lewis indicated that he is a painter and a wood sculptor. Ms. Nelson noted·that there are more openings on the commission, and encouraged those who are interested to apply. Councilwoman Palmer emphasized that Mr~ Lewis is a wonderful addition to the commission. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of '212712006. Council concur. Mayor Keolker appointed Kelly Roberts, 2316 SE 21st.St., Renton, 98055, to the Advisory Commission on Diversity for a term that expires 1'213112008. Refer to.Community Services Committee. City Clerk recommended adoption of an ordinance to finalize the Mike Romano vacation of a portion of Jericho Ave. NE, south of NE 4th St., as all conditions of the vacation approval have been satisfied. Council concur. (See page 58 for ordinance.) City Clerk submitted request from Bret Holmes, 32104 2nd Ave. SE, Federal Way, 98023, for a latecomer agreement for sanitary sewer extension along Graham Ave. NE, south of NE 9th St. Refer to Utilities Committee. City Clerk submitted request from Vineyards Construction, LLC, PO Box 2401, Kirkland, 98083, for a latecomer agreement for sanitary sewer extension along NE 7th PI. at Duvall PI. NE. Refer to Utilities Committee. Hearing Examiner recommended approval, with conditions, of the Victoria Pointe Preliminary plat; ten single-family lots on 1.69 acres located at 3701 Wells Ave. N.Council concur. Transportation Systems Division recommended approval of the Eastside Transportation Partnership (ETP) agreement, an EastsIde forum for information sharing, consensus building,· and coordination to resolve transportation issues. Annual dues are $500. Council concur. (See page 57 for resolution.) " ~ )-OF RENTON COUNCIL AGENli. Submitting Data: DeptlDivlBoard .. Staff Contact. ..... Hearing Examiner Fred J.Kaufinan, ext. 6515 " IAI#: For Agenda of: 3/6/2006 Agenda Status I---------,--------'-~ _________ __,__~ Consent. ............ . Public Hearing .. Correspondence .. Subject: Victoria Pointe Preliminary Plat Ordinance .......... : .. File No. LUA.:05-115, EC~, PP·.. Resolution ........... . Old Business ... ~ ... . I---~----'-----'-----'------~--~--~-~-~ Exhibits: . New Brisiriess ..... : ... Hearing Examiner's Report and Recommendation Study Sessions, ... ~. ,. ,Legal Description and Vicinity Map . Information ........ . Recommended Action:, . Approvals: Legal Dept. ........ ' .' . Council Concur Finarice Dept.: ... · Other ............. .. Fiscal Impact: Expen4iture Required... N/ A . . Transfefl AmendrrJ.ent.. ..... . AmoUnt Budgeted: .. ~.~ ... . Revenue Generated ......... · '. Total Project Budget City Share Total Project.. SUMMARY OF ACTION: x The Hearing EXalluner's Report and Re<;ommendation on the Victoria Pointe Preliminary Plat was published ~>Ii February 7,2006. The appeal period ended on February 21,2006., The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on page 70fthe Examiner's Report and Reconullendation. Conditions placed on this project are to be metatlater stages. ofthe platting process.' STAFF RECOMMENDATION: , . " . App~oye the Victoria.PoiI1te Preliminary piat with conditions asout1jnedjri the Ex~iner;s Report;md ~ecommendation. .' " " .' , Rentonnet/agnbiJII bh I February 7, 2006 OFFICE OF Tl8IE Jl3lJEARING EXAMINER CITY OF RENTON Minutes APPLICANT: OWNERS: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: Robert E. West Hi Point Development 3904 Park Ave N Renton, W A 98056 Steven B. Altringer Ronald F. Furrer 3701 Wells Ave N Renton, W A 98056 Victoria Pointe Preliminary Plat File No.: LUA 05-115, ECF, PP 3701 Wells Ave N Approval for a 10-10t subdivision of a 1.69-acre site intended for the development of single-family detached units. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on January 17, 2006. 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 ThefoUowing minutes are a summary of the January 24, 2006 hearing. The legal record is recorded on CD. ' The hearing opened on Tuesday, January 24, 2006, at approximately 9:01a.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: Preliminary Plat Plan Exhibit No.4: Proposed Offsite Storm Drainage System Improvements Victoria Pointe Preliminary Plat File No.: LUA-05-115, ECF, PP February 7, 2006 Page 2 Exhibit No.5: Zoning Map Exhibit No.7: Street Width Modification Exhibit No.6: Existing Conditions Plan The hearing opened with a presentation of the staffreport by Keri Weaver, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The applicant proposes to subdivide a 1.69-acre site into 10 lots for single-family residences. Three single-family residences and their accessory structures were present on the site and are currently in the process of being removed. A stormwater bioswale is proposed to be located at the west end of the site adjacent to Lake Washington Boulevard. The site is zoned R-8. The net density is 7.7 dwelling units per acre after the required deduction for public right-of-way along the full extension ofN 37th Street from Wells Ave N to Lake Washington Boulevard. All lots meet the requirements for lot size, width, depth, setbacks and height of buildings. All lots would be oriented towards the extension ofN 37th Street and would have access to that road from individual driveways. North 37th Street will be constructed through the plat and a modification has been approved by the City to allow this road to be reduced to 42 feet in width. The applicant will be required to provide sidewalk, curb and gutter as well as 5-feet of landscaping along all portions ofN37th Street that are included within the development. It is being recommended that the applicant construct a fence to separate the developed half street portion ofN 3 til Street from the private easement that serves the existing lots to the south. A drainage report was submitted which proposes a bioswale along the frontage of Lake Washington Boulevard with connection of treated runoff to the existing storm drain system in Lake Washington Boulevard. Since the site drains into Lake Washington, onsite detention is not required. The Off site Analysis indicates that the' downstream system would not be considered adequate to receive flows from 25-year storm event. The applicant will be required to provide a series of offsite drainage improvements including repair and relaying of pipes along Lake Washington Boulevard and redirection of most stormwater flows to the north and south. The Environmental Review Committee issued a Determination of Non-Significance -Mitigated with 6 mitigation measures. No appeals were filed. Fire, Transportation and Park Mitigation Fees have been imposed for this plat. The site is located within the Renton School District and they have indicated that they can handle the proposed 4 additional students. The Examiner inquired as to why the fence was being installed separating the public road from the easement. It seems like an odd sequence. Ms. Weaver stated that it was for the safety of people passing through on N 37th and also an attempt to give some protection to the homeowners on the south side who will continue to use the private easement. The pavement on the full width section ofN 37th will taper and continue in the half-street portion. There could be confusion with people driving on N 37th and for people turning into N 3ih Street. The east side ofthe easement is proposed to be fenced. Victoria Pointe Preliminary PIa. File No.: LUA-05-115, ECF, PP February 7,2006 Page 3 Robert West, Hi Point Development, 3904 Park Avenue N., Renton, WA 98056 stated that he was retained by the property owners, Mr. Furrer and Mr. Altringer to act as developer for this project. Regarding the gate that was proposed for the west side ofthe 25-foot extension, N 37th, originally they had been asked by the City to have that gated. It was incorporated into the plans for preliminary approval, then a change was made by the ERC and they proposed that there not be a gate. Their position is they will do whatever the City requires. He further commented that Ms. Weaver indicated that staff stated that full improvements would be made south of the road south of proposed Lots 1 and 2 and east of proposed Lot 8. It is his understand that it was not their intent to put full improvements on property that they do not own. The existing easement on Lot 8 has been vacated by action by the City Council. It has been paid for and the transaction is completed. Steve B. Altringer,PO Box 2903, Renton, WA 98056 stated that he has ~en a city resident for almost 30 years. He has lived on this property since March 1996. He believes it is the right time for this property to be developed, it will be a great asset for Kennydale and the City of Renton. Quality homes will be built with this project. He feels that there have been some problems with storm drainage in the past and with this development they will be clearing up a lot of those past problems. Shailesh Tatu, Civil Engineer, Infrastructure Consulting Corp., 1082 Kirkland Avenue NE, Ste. B, Renton, W A 98056 stated that under existing conditions, the storm water coming down the slopes enters the storm system into a structure that allows the flow across the railroad and down to the lake. There are some things with that drainage system that makes it substandard, it will not convey the 25-year flow Without flooding. The City also shows a pipe that goes north to a structure with a 12-inch pipe that goes to the lake. That pipe is obstructed in a couple of places. They propose to excavate the pipe in those two locations and clear the obstructions and make the pipe work correctly. They also intend to put an elbow in the pipe to the west so that water may not flow that direction, the downstream system cannot handle the load. They will also construct a pipe south from the frontage of the property and connect to the existing system to the south, which will convey to the lake. They will be creating three ways for the water to get to the lake and in that process take care of the existing problems. . Sandra Spelman, 3632 Lake Washington Boulevard N, Renton, W A 98056 stated that her major concern is that once the project is developed, they will lose access to Wells Street from her house. Fire, ambulances, delivery trucks and garbage trucks Will not be able to get into her area. It is impossible to make the tum in from the west side because of the steepness of the bank and the narrowness of the driveways. All these vehicles currently come in from the east side. There is a fence that goes across their easement (west of proposed Lot 10 and south of 37th). They would like to request that the fence be replaced with a gate that could be opened, not locked, by vehicles using the road. There was further concern about the erosion plan, not only after the homes are constructed, but during the development. An oil tank was dug up from the house directly behind her and that caused some major mudflow. There was a lot of mud in their driveway and carport due to that activity. When the actual grading begins, she is concerned that the mudflow will get worse. The initial report recommended that no work be done on Sunday, and yet they were out there Sunday at 8: 15 am tearing down houses. Construction vehicles and workers using her driveway to get to their sites, this is going to damage their driveway very quickly. She would like to see that activity terminated immediately. Victoria Pointe Preliminary Plate File No.: LUA-05-l15, ECF, PP February 7, 2006 Page 4 . What does the City plan on changing in order to improve the traffic flow? Sally Rochelle, 3626 Lake Washington Boulevard N., Renton, W A 98056 stated that her lot is very high and she is concerned that her easement is not a gravel road, but a blacktop roadway. The eaves of her garage hang out over the easement. There is a very difficult alleyway to maneuver, it is a sharp turn off of Lake Washington Boulevard, she does not believe that Fire Trucks could get up that way and then with the fence it will be even more difficult. It seems that there needs to be some kind of barrier between their easement and the new 25-foot roadway, however it is very difficult for them to get out of their street. Her main concern is the quantity of the traffic. Edie Hamilton, 3714 Lake Washington Boulevard, Renton, WA 98056 stated that she is concerned about the stormwater,· even though the bulk of the water runs towards the west, it also comes across and down her driveway to the west. She wanted to make sure that the developer addressed that issue to the north side of the property. Neil Watts, Development Services Director, City of Renton stated that the drainage is a little unusual, sites of this size normally will have both water quality treatment and detention, however, sites that can directly discharge to the lake do not require detention. Part of the challenge with the requirements for direct discharge is that capacity must be shown, not only for the existing basin but for full build out in the basin. This is an excellent opportunity to solve some of the problems that exist with the system that runs directly west of the site, that line is currently substandard and does not handle the drainage very well. It also provides opportunities to correct some deficiencies in the public system on Lake Washington Boulevard to the north. There was a gate at one point that was to block access to the west. The original proposal did not have a public right-of-way going west in front of Lots 5, 6, and 7, that was proposed as a private easement road. Public Works required that this be dedicated as a public right-of-way. The request for the gate came from that original proposal and was a Fire Department response, they are used to seeing gates on private access easements. In this particular case, there is a need for a public street and there is no need for a gate across a public street. ERC originally had concerns with a drivewa~ that close to a public street. People trying to tum into N 37th to one of the new lots would accidentally drive into the driveway and cause confusion and the property owners would not like a variety of people driving in their driveways and trying to turn around. The intent of that fence was to delineate a private driveway versus a public street. It was not the intent to fence those properties off from access to N 37th• There is no objection from the City to have access from the private property to N 37th• The fence could have gates with allow access to N 37th• The Examiner stated that Ms. Rochelle and Ms. Spelman could work with the City to find a better solution than a fence. It seems that a fence will not work very safely or efficiently along Lake Washington Boulevard. In the same manner, if you put a fence at the jog in the road, people coming up the extension will not see cars coming. Mr. Watts stated that there are different fences, and this one would not necessarily have to be 6-feet high. The preference would be for the property owners to work out something mutually advantageous. Erosion control is always a challenge with construction and especially this time of year. Erosion control measures remain in place through the building of the homes and they try to be active in inspecting the area and the Code Enforcement group to enforce the laws. Times of construction again can be a problem with communications between the various levels of construction workers. The best solution in this case is to call "911", tell them that this is a non-emergency call, the police can go to the site, document what is going on and the Code Enforcement group can then take appropriate action. Victoria Pointe Preliminary Pia, File No.: LUA-05-115, ECF, PP February 7, 2006 PageS Mr. Altringer stated that they had no problem with a gate at the jog, there has always been a gate there that garbage and emergency vehicles have used, that is fme if a gate stays there. 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 approximately 10:02 a.m. FINDINGS, CONClLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Robert E. West, Hi Point Development, filed a request for a Preliminary Plat approval. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEP A) 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 Determination of Non-Significance -Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 3701 Wells Avenue N. The parcel actually runs from Well Avenue N (on the east) to Lake Washington Boulevard N on the west. North 37th Street if extended westward (which is proposed in this plat) would run through the middle of the parcel. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of detached single-family homes, but does not mandate such development without consideration of other policies ofthe Plan. 7. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordillance 5140 enacted in December 1969. 9. The subject site is approximatelyL69 acres in size. The parcel is a flattened T-shape that is approximately 480 feet long (east to west) and ranges from approximately 110 feet wide to 220 feet wide. 10. The parcel slopes downward toward Lake Washington Boulevard from approximately 110 feet to 40 feet. The parcel has an average grade of approximately 12%. While there are some steeper slopes in the middle of the site, none of the slopes are protected. There are no critical areas on the subject site. 11. Three homes on the site are in the process of being removed. 12. The applicant proposes to maintain three of the fourteen trees found on the site. The remaining vegetation consists of lawn grass and shrubs. Most vegetation would be removed to accommodate right-of-way, building pads and driveways. Victoria Pointe Preliminary Pla_ File No.: LUA-05-115, ECF, PP February 7, 2006 Page 6 c 13. The applicant proposes dividing the subject site in ten (10) lots with North 37 Street dividing the plat into a north portion and a south portion. Proposed Lots 1 to 7 (in east to west order) would be located on the north side of the street. Proposed Lots 8, 9 and 10 (also east to west) would be located on the south side of North 37th Street. The lots are all rectangular with the exception of Proposed Lot 7. Lot 7 is located at the western end of the plat where Lake Washington Boulevard cuts a slight angle across the property. The proposed lots will range in size from approximately 4,725 square feet to 7,134 square feet. 14. The applicant would extend N 37th Street across the plat connecting Wells Avenue and Lake Washington Boulevard with a public street. The new street would vary in width. Preexisting development south of that roadway both east and west of Proposed Lots 8, 9 and 10 constrain the alignment of North 37th Street. An Administrative modification allows the width to vary from a 42-foot right-of-way east of Proposed Lots 4 on the north and 10 on the south to a narrower 25-foot half street profile west of there. The actual alignment and transitions will be determined after working with neighbors in that vicinity (see below). 15. Two third-party parcels, addressed as 3632 and 3626 Lake Washington Boulevard, are generally south of Proposed Lots 5, 6, and 7. Those two lots use an access easement to gain access to their lots. That access easement runs parallel to what would be the new public street, N. 37th. While those lots are located close to Lake Washington Boulevard, most access to those lots occurs from Wells Avenue (east of the lots) due to topographic constraints on the west. In order to both protect and delineate that private easement staff recommended· that the easement to these homes be separated from the new roadway (N 37th Street) by a fence. The fence would run from the vicinity of Proposed Lot 10 toward Lake Washington Boulevard. Those property owners asked that a gate be provided. 16. The subject site is located within the Renton School District. The project is expected to generate approximately 4 school age children. These students would be spread across the grades and would be assigned on a space available basis. 17. The density for the plat would be 7.7 dwelling units per acre after subtracting the acreage dedicated to roadways. 18. The development will increase traffic approximately to trips per unit or approximately too trips. Approximately ten percent of the trips, or approximately 10 additional peak hour trips will be generated in the morning and evening. 19. The applicant proposes providing a bioswale that would be located along Lake Washington Boulevard in the western end ofthe plat. Since the site drains very quickly toward Lake Washington no detention is required. There have been flooding problems in the area and the current system does not handle 25- year storms. An analysis revealed blockages in the storm sewer system downstream of the subject site. Siormwater flows will be improved by fixing the line; expanding it where necessary and adding a secondary system that handles·larger overflows. 20. Sewer service and water service will be provided by the City. 21. There was concern about traffic and turning movements from the plat to Lake Washington Boulevard. Staff noted that the additional traffic is acceptable although drivers will have to accommodate the topography. Victoria Pointe Preliminary PIa File No.: LUA-05-115, ECF, PP February 7, 2006 Page 7 CONCLUSIONS: I. The proposed plat appears to serve the public use and interest. The subdivision will provide additional housing choices in the Kennydale area of the City where w-ban services are available. 2. Stonnwater will be treated before it leaves the site but "the property's proximity to the lake exempts it from actual detention if downstream capacity is adequate. The stonnwater analysis identified the problems with the dramage line that have been creating problems in the area. Those problems will be addressed as this plat is developed. The development should not tax the system or exacerbate existing problems. 3. The plat will add to the tax base of the City helping to offset some of its impacts. In addition, mitigation fees will help offset impacts on transportation, fire and parks services. 4. The locations of the new road and the existing parallel easement for access to parcels located south of the plat create an odd juxtaposition of roadways. The easement will remain private but merge with the public road on the east. The two roads will run parallel to each other and be immediately abutting one another. Defining their relative extents will be necessary but could create roadway hazards or confusion. A fence could block sight lines and an improperly located gate could create congestion, backup or blocking problems along the public portion of the roadway. It probably would be best if they could be merged and appropriate access provided to the two third party lots in the process but that may not be possible. The applicant, staff and the abutting property owners will be required to work together to create a solution that is effective and safe. 5. In conclusion, the propOsed plat should be approved by the City Council subject to the conditions noted below. RECOMMENDATION: The City Council should approve the Preliminary Plat subject to the following conditions: I. The applicant, staff and the abutting property owners will be required to work together to create a solution that is effective and safe for the transition and separation of the private easement and North 37th Street. The applicant shall be responsible for any fence or other transitional structures, pavement or markings as deteimined by staff. 2. The applicant s1.tall comply with all requirements of the Determination of Non-Significance - Mitigated that was issued by the Environmental Review Committee on December 28,2005. 3. The applicant shall provide a detailed landscape plan that shows proposed landscaping for all street frontages and the bioswale area. Landscaping shall be consistent with the requirements of RMC 4-2-llO. A 5-foot landscape buffer is required along the frontages of Lake Washington Blvd., N. 37th Street (north side only) and Wells Avenue N. If additional undev~loped right-of- way exists outside of the 5-foot buffer.areas, those areas shall also be landscaped. The satisfaction of these requirements shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. 4. The dedicated right-of-way ofN 37th Street shall not be gated at any point within the plat. Victoria Pointe Preliminary Plat File No.: LUA-05-115, ECF, PP February 7, 2006 Page 8 ORDERED THIS 7th day of February 2006. TRANSMITTED THIS 7th day of February 2006 to the parties of record: Keri Weaver Neil Watts 1055 S Grady Way Development Services Director Renton, W A 98055 City of Renton Steven B. Altringer Ronal S. Furrer PO Box 2903 3701 Wells Ave. N Renton, W A 98056 Renton, W A 98056 Shailesh Tatu Infrastructure Consulting Corp Sally Rochelle 1082 Kirkland Ave NE, Ste. B 3626 Lake Washington Blvd. N Renton, WA 98056 Renton, W A 98056 Charles Huneycutt Walter J. Tomson 1300 N 20th Street, Ste.#I-2054 3604 Wells Avenue N Renton, W A 98056 Renton, W A 98056 Michael Smith Barbara Premo 3706 Wells Avenue N PO Box 20n Renton, W A 98056 Renton, W A 98056 TRANSMITTED THIS 7th day of February 2006 to the following: Mayor Kathy Keolker Stan Engler, Fire Robert E. West Hi Point Development 3904 Park Ave N Renton, WA 98056 Sandra Spelman 3632 Lake Washington Blvd N Renton, W A 98056 Edie Hamilton 2714 Lake Washington Blvd Renton, W A 98056 Jeffrey & Gwen Smith 1004N 36th Street Renton, W A 98056 Shirley LeSell 3710 Lake Washington Blvd. N Renton, WA 98056 Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Larry Meckling, Building Official Planning Commission Transportation Division Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Victoria Pointe Preliminary Plat File No.: LUA-05-115, ECF, PP February 7, 2006 Page 9 Pursuantto Title N, Chapter 8, Section 100(G) of the City's Code, request for reconsideration must be fIled in writing on or before 5:00 p.m., February 21, 2006. Any aggrieved person feeling that the decision ofthe Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error ill judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request fora 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 N, 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. An appeal must be filed in writing on or before 5:00 p.m., February 21, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City CouDcil or ("mal processing of the me. You may contact thlsoffice for information Olm 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. Allcommunications concerning the proposal must be made in public. This public communication pennits 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. , -----~----- D4:' 5T23N~"W' l(Z ____ ~ ~ Umlto <[ U ---. t -···-i 6.1-~ ,.C,t.;· 3'2 1'24N RSE wll~:;~'" , , ' 54»,}' I~: .~ C!tY of Renton King County, WA '~ N ,t Oir LEQ§,ND: _IJII __ lie ---~ _l1li .. , . RECOROINO NO. PORTION OF ~W 1/4 OF SW 1/4, s[CTION 32, T 24 N. R 5 t, W.M. ~ JQIII!!l FOR OCCUPATION IIOCUMI!NfAT!ON PU!ASI! RI!PIIR '10 RECORD 011 GUlWllYIIIIOOIIOe.D _____ _ 40 20 0' 40 80 ! T ' SCALE IN I'EET '91"" " , .. , Infra. structure [I] PLAT OF VICTORIA POINTE ! ,CON Consulting 3' CITY FlU: NUMBtR: ----- I . Corporation 1\ ~ J!. DWN BY 1092Kl1111onc1 AwnUG tie. 8u11e a ~ '(61 I ~=' !!:N.O~. ---k~!!!!~!L.h-..,;;~---l RenIan. WDo/Iln9IOIt 980SlI Oil! I-. Till.4250272-1020 Fu 42&0a7201021 CHICO. BY R. BOYD. :i~ / / / I I I / I / I / I I ~ P ! f s:II.tm. ,I ..... ~~:: ... :::.:.~:.::::.: ...... ::: .. ~':..'Il fO<Al_ ~~.-~NO<J -~al'l., ...... ~::.-:r~'1Vl E'}('$+in~ L __ \lila • .,1",,..,,,,,.'eJI o·fO.tcI)RtD".~w o 'CIIJIII)IOJIWIII; b IW: H'/'tIfWI, °0 CAtc14 DASOf 't1M.. *--0-'''' • na,mctf'OJ'l -0-.".".,_ ... ... lDI:foIftDt ........ taI!, ....... ocemc:t "*'. tJ,Mt,,",SI.JIIER~ • 'fMD 011_ -......-.... ____ cot r# ~t _t_lI_ HOO_OItCtl,ll.ll.rOItlQ~ -_.-ClDNil JUfitl.lM ~tIOCIO't -0---tAMutT 11'/0 UIC N01. '~1 IfOUnt fll" Of' 'ft4t (AI' ,~O') ~ ~'~ r~L ..... " . ~<J /' . .c t-~. ~) ) / , .... " II .. -0---, .. -.. ____ . ~ City of Renton PIB'PW Depattment VICTORIA POINTE PRBlMINARY PLA T PUBLIC HEARING DATE: January 24. 2006 2. ENVIRONMENTAL REVIEW Preliminary Repott to the Hearing Examiner LUA-05-115. ECF, pp Page40f8 Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 4321C. 1971 as amended), on December 28, 2005, the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNs-M) for the Victoria Pointe Preliminary Plat. The DNs-M included 6 mitigation measures as listed below. A 14-day appeal period commenced on December 28,2005 and ended on January 11, 2005. No appeals were filed. 3. COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of the probable impacts from the proposal. the Environmental Review Committee (ERe) issued the following mitigation measures with the Determination of Non-Significance -Mitigated (DNS-M): 1. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined In Volume II of the 2001 stonnwater Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This Plan shall be subject to review and approval by the Development Services Division. 2. The applicant shall comply with the recommendations contained within the geotechnical report dated September 21,2005, prepared by ComerstoneGeotechnical, Inc. 3. The applicant shall comply with the recommendations for downstream drainage improvements and mitigation of potential and existing problems in the downstream system, as described in the Section V (Offsite Analysis) revised analysis dated December 9, 2005, prepared by ICON, Inc. and/or as subsequently modified during construction permit review by City staff. . 4. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new sing/e-family lot prior to the recording of the final plat. 5. The applicant shan pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 6. The appTJCanf shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recorcJing of the final plat. 4. STAFF REVIEW COMMENTS Representatives from various City departments have reviewed the application materials to identify and address· site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH PRELIMINARY PLAT CRITERIA: Approval of a plat is based upon several factors. The following preliminary plat criteria have been established to assist decision makers in the review of the subdivision: A. Compliance with the Comprehensive Plan Designation. The subject site is designated Residential Single Family (RSF) on the Comprehensive Plan land Use Map. The objective established by the RSF is to promote and enhance single-family neighborhoods. The proposal is consistent with the RSF deSignation in that it would allow for the future construction of new single-family homes, thereby promoting goals of intill development. The proposal is consistent with the following Comprehensive Plan land Use, Housing and Environmental Element policies: lan(j Use Element Residential Single Family Policy LU-34. Net development densities should fall within a range of 5 to 8 dwelling units per acre in Residential Single Family neighborhoods. . staff Rpt VICtoria Pointe (& 115 , ) ... -e .. 1 i . t. •. · " .. 1e-A ! ---_.; ; i , -.-~ ,----- i f· f I I .. City of Renton King County, WA ~ N /' ai~ '-~' ),1 ;, LEGEND: ......." .. IDI>_IK UHDmI._ '-' WllIl§l RECORDING NO. PORll0N OF' NW 1/4 or SW 1/4. SECTION J2. T 24 N. R 5 E. W.M. ..... r 40 20 o· 40 60 ....... .... - """"-"""".w.., -,. FOR OCCUPATION DOCUMENTATlOli PI.I!A8I! ReFllR 10 RECORO Of 8UlM1YRCCORDSIIUNOSt ____ _ ~ dt_"'.:'" ! Ii! "S I , I i .1 ,~ SCALE IN .t;L1 'illct'!' 6~~~~Wnc:re _ . Corporation PLAT OF VICTORIA POINTE CITY FILE NUMBER: _________ _ i 11082 KIrkland Avenue NE. SulI& B Renton. Washington 980B6 Tel. 42S0272-1020 Fax 42&-272-1021 OWN. BY N.O. CHICO. BV R. 80VD SCAl.!: 1" •• 0' "Joe NO. 21SO~ SHEET 2 c# 2 ---------_._----_._-------_._ .. _-----.--_ ... '. ) . Form 84 OOOllbh IN e hereunto set my hand and seal the day and year as written be1ow. ~~--=--~-----1..::""":"""--==:.....J-!-fl.,;..;:,e::;;..n..:.=.B~ Wo7 lNDWlDUAL F01lM OF A.ClfNOJnE1JGMENT Notary Seal must be within box STA TB O~ W ASIiINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that _______ _ --------:--...,.-c----~:__-signed this instrument and acknowledged it to be hislherltheir free and voluntary act for the uses and PurPoses mentioned in the instrument NotaIy Public in and for the State of Washington Notary (Print)_·'--_~~ _______ _ My appointment expires: __________ _ Dated: . RBPRESENTA.TlYB FORM OF ACKNOWL1IJJGMlINT Notary Seal must be within box STATE OF VI ASHINGfON ) ss 'j-Notary Seal must be within box COUNTY OF KING ) I certify that I ~w or have satisfactory evidence that _______ _ ___ ~~~--_:__-___::___::___.:_--signed this instnnneot, on oath staled that helsbelthey wasiwere authorized to execute the instnunent and acknowledged it as the and ___ ~_:_-- of to be the free and voluntary act of such partylparties for the uses and purposes mentioned in the instrument. NotaIy Public in and for the State of Washington NotaIy(PrinO, _________________ _ My appointment expires:, ___________ _ Dated: C01U'OlL4TB lFOlUE OF A.C1CNOWl.EDG1ilENI STATEOFWASHINGTON )ss COUNTYOPKING ) ~ On this 'b day of Ft!>b ¥ --.-J before me pen;onaUy appeared l(jnp.(~:JCIJ# Grrer to mehnown to be Me,";"'" . of the c:mporation that executed the within instrument. and acknowledge the said instrument to be the free and volummy act and deed of said c:otpOIation, for the uses and purposes thcreio mentioned, and each on oath stated that he/she was authorized to execute said instrument that th Seal ~ seal .. of saidcorporalion. fi the State pfWashington . t), h"J1 ftC; exQ rt?: ' ~- 01 fh :;2...00 q-- Pqg~ 2 V I I Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 BILL OF SALE ' 2. I, 111I11111 n IIlln 0070423000078 CITY OF RENTON BS 33.00 PAGE001 OF 002 04/23/2007 09:08 I<ING COUNTY. lolA The GnDtor, as aamed above. for, and in coosideration ofmutual beocfits, hereby grants, bargains, selJs and delivers to the Gr.mtee. as DaQJCd above. the following described pcrsooal ~ WATERSYSTDf: Length Size ~ SANITARY SEWER SYSTEM: STORM DRAINAGE SYSTEM: iJ-3307 550 L..F. of $" ;:PI Water Main .s- ./ / Length ~~a 9 L L.F.of ___ _ Water Main Wafer Main L.F"of ., ~ of g" Gate Valves eacll of b" Gate Valves each of Fire Hydrant Assemblies L.F.of L.F.of L.F.of each of each of cachof LF.of L.P.of L.F.of cachof eacbof cachof Size ~ ,. Sewer Main ---,. Sewer Main ., Sewer Main ---.. DiBJDetec Manholes .. Diameter Manholes ----" Diamc:tel" Manholes ---- Size ~ L.5L .. Lc!.r'E StonnLine " Storm Line .. StonnLine ,. Storm lolet/Outlet .. T.ifEX Storm Catch Basin .. -nt.f!.EJf Manhole Sl'ItEET IMPROVXMEN1'S: (Including Curb, Gutter. SicJewanr. Asphalt PaYemalt) CUrb, Gutter, Si8ewtik-q 70 L.F. 1'75 L. Po S /J)E WI! L k Asphalt Pavement: / 5'87 SY orL.F. of Width S'fR.UT LIGHTING: #ofPo)es q By this conveyance. Grantor will warrant and defend the sale hereby made unto the Gnmtee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs. executors, administrators and assigns forever. Jcd7-OC'35; L ,) 3714 Lake Washington Blvd N. Renton, W A 98056 Ms. Keri Weaver Senior Planner City of Renton 1055 South Grady Way Renton, WA 98055 Subject: Dear Ms. Keri: Victoria Pointe Preliminary Plat LUA-05-115 I would like to become a party of record. I am located to the north of the planned development and have a concern regarding water runn off from the property. Over the years the <gravel driveway adjacent to my property has required loads of crushed gravel to allow use following winter rains stonns. The gravel would sometimes direct the flow toward my shrubs and burms that I have developed to prevent a heavy flow of water across my driveway. On other occasions the gravel would wash down the subject property driveway and cover the storm sewers flooding entrance into my drive. In addition, there are a number of underground springs in the area which may be disrupted by the construction. I have a question also, regarding the limited, or gated access to Lake Washington Blvd. I understand access to the homes will be via Wells avenue. How is the gated access controlled and by whom? On the south side, of the development property, it appears a fench has been recommended for a portion of the way. Is such a fence being proposed for the north side of the poperties running east to west, Wells to Lake Washington Blvd. I will attend the hearing on Jan 24, I had planned to attend the December hearing but learned it was cancelled. =:gid~ ~-.--r/--L.-"J' EydleHaml ~ (425 277 8533) U PARTIES Of RECORD Victoria Pointe Prelim Plat LUA05-115, PP, ECF Robert West Hi Point Development 3904 Park Avenue N Renton, WA 98056 tel: 425-922-5044 (applicant / contact) Charles Huneycutt 1300 N 20th Street ste: #1-2054 Renton, WA 98056 tel: 253-961-8888 (party of record) Michael Smith 3706 Wells Avenue N Renton, WA 98056 (party of record) Eydie Hamilton 3714 Lake Washington Blvd N Renton, WA 98056 tel: 425-277-8533 (party of record) Updated: 01/17/06 Steven Altringer & Ronald Furrer PO Box 3557 Seattle, WA 98124 tel: 206-898-4789 (owner) Walter J. Thomson 3604 Wells Avenue N Renton, WA 98056-1512 tel: 425-226-5332 (party of record) Barbara Premo PO Box 2072 Renton, WA 98056 tel: 425-226-1760 (party of record) Sandra Spelman 3632 Lake Washington Blvd N Renton, WA 98056 tel: 425-226-2257 eml: spanspel@aol.com (party of record) Jeffrey & Gwen Smith 1004 N 36th Street Renton, WA 98056-1971 tel: 425-255-5027 (party of record) Shirley LeSell 3710 Lake Washington Blvd N Renton, WA 98056 (party of record) (Page 1 of 1) ) Sandra Spelman 3632 Lake Washington Blvd. N Renton, WA 425-226-2257 SANSPEL@aol.com Victoria Pointe Construction Concerns ) J 1. The two houses south of the northern portion of Victoria Pointe must have a right of way access to the public road that runs up to Wells. This access is required for fire engines, emergency road vehicles, garbage trucks, delivery trucks and recreational vehicles such as RV's or boats on trailers. None of these vehicles can enter from the west end because the angle of entry is too steep and they will bottom out. The east access has been used since 1978. 2. I would like an opportunity to review the erosion plan and to make sure there is a plan in place for preventing land erosion during and after construction. We have already had mud flow problems due to work that was done to remove an oil tank. 3. I want to be assured that the time constraints on construction activity are enforced. This past Sunday workers were busily tearing down one of the homes at 8:15 in the mormng. 4. Construction vehicles and construction workers vehicles should enter the property from Wells street. They have already damaged the gravel driveway which is not designed to carry this type of work load. 5. I understand that the Victoria Pointe homes will be assessed an additional tax to ease traffic congestion on Lake Washington Boulevard What does the city intend to do with these tax dollars that will result in less congestion? ) . C~TY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 17'h day of January, 2006, I deposited in the mails of the United States, a sealed envelope containing Preliminary Report to the Hearing Examiner documents. This information was sent to: Name Robert West, Hi Point Development Applicant/Contact Steven Altringer Owner Ronald Furrer Owner Sandra Spelman POR Charles Huneycutt POR Walter J. Thomson POR Jeffrey & Gwen Smith .POR Michael Smith POR Barbara Premo POR Shirley LeSeli' POR (Signature of Sender): 7~~ STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stacy Tucker Representing "': ":. ... -~_-=_~'"::::.! ... _...ctl. ~. -_, • .....'.:.u....."":-y' ,'J CI :;,~L:::3 r. KOJ(KO ' ('J NOTARY PUBLIC ~ STATE OF WASHINGTON \; COMMISSION EXPIRES ',I MARCH 19,2006 , .~ .. -~ ._~~'{1!~!",~~~~ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. ,,0 /J c::; _ J /.I/J Dated: 1(,1 & t C!Jj1f&lbliCd4fla- Notary Public in and for the State of Washington Notary (print): ___ ...:.G.:.....;.l~lJ::....v....l/:Io::::;·~ ·:;;......,:F:.-....-JdL--...;../~ ____________ _ My appointment expires: ~~ (~70,-6 . 'Projei::fNaatJe:... Victoria Pointe Preliminary Plat Projec:t Number: LUA05-115, PP, ECF COMMENCING AT 9:00 AM, CITY OF RENTON HEARING EXAMINER PUBLIC HEAR.ING January 24, 2006 AGENDA ,COUlNCll CHAMBERS, 7TH flOOR, RENTON CITY HALL J_ , ' The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Victoria Pointe Preliminary Plat PROJECT NUMBER: LUA-05-115, PP, ECF PROJECT DESCRIPTION: The applicant is requesting Preliminary Plat approval for a 10-lot subdivision of a 1.69-acre site located within the Residential -8 (R-8) dwelling units per acre zone. The applicant proposes the eventual development of single-family detached units. The lot sizes would range from4,725 to 7,134 square feet. A bioswale water quality facility will be located on the east side of the property along Lake Washington Blvd. The existing site currently has three single-family residences and several accessory structures proposed to be removed as part of this plat. Primary access to the lots will be from Wells Ave. N and Lake Washington Blvd. via a public road within a 42' wide dedicated right-of-way (32' of pavement, 5' sidewalks, curb and gutters on both sides) which would taper to a modified half-street with 25-foot dedicated right-of-way (20' of pavement, 5' sidewalk, curb and gutter on north side of roadway). PUBLIC HEARING City of Renton Department of Planning / Building / Public Works PRELIMINARY REPORT TO THE HEARING EXAMINER A. . SUMMARY AND PURPOSE OF REQUEST: Public Hearing Date: Project Name: Applicant: Owner: File Number: Project Description: Project Location: January 24, 2006 Victoria Pointe Preliminary Plat Robert E. West, Hi Point Development, 3904 Park Ave. N, Renton, WA 98056 Steven B. Altringer and Ronald S. Furrer, 3701 Wells Ave. N, Renton, WA 98056 LUA-05-115, ECF, PP Project Manager: Keri Weaver, Senior Planner The applicant is requesting Preliminary Plat approval for a 10-lot subdivision of a 1.69-acre site located within the Residential -8 (R-8) dwelling units per acre zone. The applicant proposes the eventual development of single-family detached units. The lot sizes would range from 4,725 to 7,134 square feet. A bioswale water quality facility will be located on the east side of the property along Lake Washington Blvd. The existing site currently has three single-family residences and several accessory structures proposed to be removed as part of this plat. Primary access to the lots will be from Wells Ave. N and Lake Washington Blvd. via a public road within a 42' wide dedicated right-of-way (32' of pavement, 5' sidewalks, curb and gutters on both sides) which would taper to a modified half-street with 25-foot dedicated right-of- way (20' of pavement, 5' sidewalk, curb and gutter on north side of roadway). 3701 Wells Ave. NE ,~..,. f ~ ~~ '.R-i~!· . li :.: .~:: I >l-.I City of Renton PIBIPW Department VICTORIA POINTE PRELIMINARY PIA T )liminary Report to the Hearing Examiner LUA-05-115, ECF, PP PUBLIC HEARING DATE: January 24, 2006 Page 20f8 B. HEARING EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Neighborhood Detail Map (dated September 23,2005) Exhibit 3: Preliminary Plat Plan (dated December 13, 2005) Exhibit 4: Exhibit 5: Proposed Offsite Storm Drainage System Improvements (dated December 9,2005) Zoning Map: Sheet C4 W 1/2 (dated December 28,2004) Exhibit 6: Existing Conditions Plan (dated September 23,2005) Exhibit 7: Street Width Modification (dated November 17, 2005) C. GENERAL . INFORM A TION: 1. Zoning Designation: Residential - 8 (R-8), 8 Dwelling Units per Acre Residential Single Family (RSF) ·2. Comprehensive Plan Land Use Designation: 3. Existing Site Use: 3 single-family residences to be removed 4. Neighborhood Characteristics: North: Single family residential; R-8 zoning East: Single family residential; R-8 zoning South: Single family residential; R-8 zoning West: Single family residential; R-8 zoning 5. Access: N. 3ih Street (to be constructed) from Wells Ave. N and Lake Washington Blvd. 6. Site Area: 1.69 acres 7. Project Data: Existing Building Area: New Building Area: Area N/A N/A N/A Comments Single-family homes to be removed N/A Total Building Area: D. HISTORICAUBACKGROUND: Action Annexation Comprehensive Plan Zoning Land Use File No. N/A N/A N/A Ordinance No. 5140 4498 5141 N/A E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards Staff Rpt Victoria Pointe 05-11S.doc Date 12/22/1969 2/20/1995 6/07/1993 City of Renton P/B/PW Department VICTORIA POINTE PRELIMINARY PLA T ) aliminary Report to the Hearing Examiner LUA-05-115, ECF, PP PUBLIC HEARING DA TE: January 24, 2006 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations Section 4-4-080: Parking, loading and Driveway Regulations Section 4-4-130: Tree Cutting and land Clearing Regulations 4. Chapter 6 Streets and Utility Standards Section 4~6-060: Street Standards 5. Chapter 7 Subdivision Regulations Page 30f8 Section 4-7-050: General Outline of Subdivision, Short Plat and lot Line Adjustment Procedures Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing land Use and Plan-General Requirements and Minimum Standards Section 4-7-150: Streets -General Requirements and Minimum Standards Section 4-7-160: Residential Blocks -General Requirements and Minimum Standards Section 4-7-170: Residential lots -General Requirements and Minimum Standards 6. Chapter 9 Procedures and Review Criteria 7. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: .. 1. Land Use. Element: Residential Single Family and Residential Options objectives and policies; Residential Streets objectives and policies; Subdivision of land objectives and policies. 2. Housing Element: Housing supply objectives and policies; Minimum density policies. 3. Community Design Element:: Established neighborhoods objectives and policies; New development objectives and policies; Architecture objectives and policies; landscape objectives and policies; Streets, sidewalks and streetscape objectives and policies; G. DEPARTMENT ANAL YSIS: 1. PROJECT DESCRIPTION/BACKGROUND The applicant is requesting Preliminary Plat approval for a 10-lot subdivision of a 1.69-acre site located within the Residential -8 (R-8) dwelling units per acre zone. The applicant proposes the eventual development of single- family detached units. The lot sizes would range from 4,725 to 7,134 square feet. The site contains part of a 10-ft. unused utility easement located along the east line of proposed lot 8, which the applicant proposes to have vacated. A bioswale water quality facility will be located on the east side of the property along lake Washington Blvd. The existing site currently has three single-family residences and several accessory structures proposed to be removed as part of this plat. Primary access to the lots will be from Park Ave. N via a public road within a 42- foot wide dedicated right-of-way (32 feet of pavement, 5 foot sidewalks, curb and gutters on both sides) extending west from Park Ave. N, which would taper to a 25-foot dedicated right-of-way (20 feet of pavement, 5 foot sidewalk, curb and gutter on north side of roadway). The applicant has also requested to be allowed to gate the entrance to the plat from lake Washington Blvd. The applicant has applied for and received a street standards modification for the reduction in road right-of-way width from 50 feet to 42 feet. The site primarily consists of a west-facing slope that descends at an average grade of 12 percent. The surface soils are mapped as Alderwood gravelly sandy loam. The site vegetation consists of lawn, shrubbery and various deciduous and coniferous trees with the residential settings. The applicant proposes grading for site preparation and road construction, including the area of steep slopes in the center of the site, which would be reduced to an average 12 percent grade. Of approximately 17 trees on the site, 15 would be removed, and 2 would remain. The applicant has submitted a conceptual landscaping plan with two street trees per lot (Malus "Prairiefire"; Flowering crabapple), which appears to be consistent with the City's landscaping requirements. As a preliminary plat condition, a detailed landscaping plan that addresses all street frontages and the bioswale area will be required to be submitted to the Development Services Division for review and approval prior to recording of the final plat. . Staff Rpt Victoria Pointe 05-115.doc City of Renton PIB/PW Department VICTORIA POINTE PRELIMINARY PLA T PUBLIC HEARING DA TE: January 24, 2006 ) 2. ENVIRONMENTAL REVIEW Jliminary Report to the Hearing Examiner LUA-OS-11S, ECF, PP Page 4 of8 Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on December 28, 2005, the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for the Victoria Pointe Preliminary Plat. The DNS-M included 6 mitigation measures as listed below. A 14-day appeal period commenced on December 28,2005 and ended on January 11,2005. No appeals were filed. 3. COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of the probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Significance '-Mitigated (DNS-M): 1. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume /I of the 2001 Storm water Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance or construction permits. This Plan shall be subject to review and approval by the Development Services Division. , 2. The applicant shall comply with the recommendations contained within the geotechnical report dated September 21,2005, prepared by Cornerstone Geotechnical, Inc. 3. The applicant shall comply with the recommendations for downstream drainage improvements and mitigation of potential and existing problems in the downstream system, as described in the Section V (Off site Analysis) revised analysis dated December 9, 2005, prepared by ICON, Inc. and/or as subsequently modified during construction permit review by City staff. 4. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. 5. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. 4. STAFF REVIEW COMMENTS Representatives from various City departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH PRELIMINARY PLAT CRITERIA: Approval of a plat is based upon several factors. The following preliminary plat criteria have been established to assist decision makers in the review of the subdivision: A. Compliance with the Comprehensive Plan DeSignation. The subject site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. The objective established by the RSF is to promote and enhance single-family neighborhoods. The proposal is consistent with the RSF designation in that it would allow for the future construction of new single-family homes, thereby promoting goals of infill development. The proposal is consistent with the following Comprehensive Plan Land Use, Housing and Environmental Element policies: . Land Use Element Residential Single Family Policy LU-34. Net development densities should fall within a range of 5 to 8 dwelling units per acre in Residential Single Family neighborhoods. Staff Rpt Victoria Pointe 05-115 City of Renton PIB/PW Department VICTORIA POINTE PRELIMINARY PLA T eliminary Report to the Hearing Examiner LUA-05-115, ECF, PP PUBLIC HEARING DA T£: January 24, 2006 Page 50f8 Policy LU-35. A minimum lot size of 4.500 square feet should be allowed in single-family residential neighborhoods except when flexible development standards are used for project review. All 10 lots equal or exceed the minimum of 4.500 square feet. The smallest lot is 4.725 square feet and the largest lot is 7.134 square feet. Policy LU-38. Development standards for single-family neighborhoods (e.g. lot size. lot width; building height, setbacks lot coverage) should encourage quality development in neighborhoods. The proposed plat has lots size and width consistent with the development standards of the Residential -8 zone ranging in size from 4,725 square feet to 7,134 square feet. Policy LU-73. Residential streets should be constructed to the narrowest widths (distance from curb to curb) feasible without impeding emergency vehicle access. A reduced right-of-way from the standard 50 feet for residential streets to 42 feet wide is proposed for the internal road. Housing Element Policy H-4. Encourage infill development as a means to increase capacity. The proposal would create 10 additional lots, thereby increasing density within a currently underdeveloped residential area. Objective H-K: Develop and maintain livable neighborhoods with a desirable quality of life. Policy H-53. Promote high quality residential living environments in all types of neighborhoods. Policy H-57. New single-family subdivisions should provide pedestrian and vehicular connections to adjoining residential development unless a determination is made that a physical feature of the site, such as a ravine, wetland or pre-existing developed property prevents practical implementation of this provision. The proposal would provide a through street connecting the site to Lake Washington Blvd. and Wells Ave. N. Community DeSign Element Policy CD-4: Development review of proposed projects should identify opportunities for increasing public access to Lake Washington, the Cedar River, wetlands, streams, and creeks in the City. The extension of N. 3th Street through the plat will provide an additional public access to Lake Washington Blvd and nearby recreational amenities. Objective CD-C: Promote re-investment in and upgrade of existing neighborhoods through redevelopment of small, underutilized parcels, modification and alteration of older housing stock, and improvements to streets and sidewalks to increase property values. B. Compliance with the Underlying Zoning Designation. The 1.69-acre site is deSignated Residential - 8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would allow for the future construction of up to 10 new single-family residential units. The following requirements of the R-8 zoning designation apply to the subject property. Density -The allowable density range in the R-8 zone is 4.0-8.0 dwelling units per net acre (dulac). Net density is calculated after public rights-of-way, private streets serving more than three lots, and critical areas are deducted from the gross acreage of the site. A deduction of 16.967 sq ft from the gross site area is required for dedication of public right-of-way and a fire access easement. The 1.69 acre site (approximately 73,781 sq ft) is proposed for a net density of 7.7 dwelling units per acre (10 units /1.69 acre = 7.7 dulac). The proposed plat complies to comply with density requirements for the R-8 zoning deSignation. Lot Dimensions and Size -The minimum lot size required for this property is 4,500 sq ft. The minimum lot width required is 50 ft for interior lots and 60 feet for corner lots, and a minimum lot depth of 65 feet. The lot sizes would range from approximately 4,725 sq. ft. to 7,134 sq. ft. The proposed lots comply with the lot dimension and size requirements for the R-8 zoning. Staff Rpt Victoria Pointe 05-115.doc City of Renton PIB/PW Department VICTORIA POINTE PRELIMINARY PLA T ) PUBLIC HEARING DATE: January 24. 2006 eliminary Report to the Hearing Examiner LUA-05-115, ECF, PP Page 6 of "8 Setbacks -The required setbacks are 15 feet for the primary structure and 20 feet for attached garages accessed from the front yard in the front, 20 feet for the rear yard, and 5 feet for interior side yards. The side yard along a street setback is 15 feet for the primary structure and 20 feet for attached garages accessed from the side yard. The proposed lot dimensions appear to be compatible with these requirements. Compliance with these setback standards will be verified prior to the issuance of individual building permits. Building Standards .,... The R-8 zone permits one single family residential structure per lot. Each of the proposed lots would support the construction of one detached unit. Detached accessory structures must remain below a height of 15 feet (one story), with a gross floor area that is less than the primary structure. Building height for the primary structure is limited to two stories and a height of 30 feet. Maximum building. coverage is 35% or 2,500 square feet, whichever is greater, except for lots less than 5,000 sq. ft. which may have a maximum building coverage of 50% of the lot area. The proposal's compliance with these building standards would be verified prior to the issuance of individual building permits. Parking -Each detached dwelling unit is required to provide two off-street parking stalls per unit. The proposed building pads appear to be adequately sized for the provision of the required parking. Landscaping - A conceptual landscape plan has been provided that shows two street trees per lot (Malus . "Prairiefire"; Flowering craqapple), which appears to be consistent with the City's landscaping. requirements. A detailed lan'dscapingplan that addresses all street frontages and the bioswale area will be required to be submitted to the Development Services Division for review and approval prior to. recording of the final plat. C. Compliance with Subdivision Regulations Lot Arrangement: Side lot lines are to be at right angles to street lines, and each lot must have access to a public street or road. Access may be by private access easement per the requirements of the Street Improvement Ordinance. As proposed, each of the lots would front on the new public street (N. 3th Street). The lots appear· to comply with arrangement and access requirements· of the Subdivision Regulations. Lots: The size, shape and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Each of the proposed lots satisfies the minimum lot area and dimension requirements of the R-8 zone. When considering the required setbacks, as well as access pOints for each lot, the proposed lots appear to have sufficient building area for the development of detached single family homes. Property Corners at Intersections: All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of 15 feet. The configuration of the proposed lots appears to comply with this requirement. Access and Street Improvements: Access to the site will be provided from N 37th Street (to be constructed), extending between Wells Ave. N and Lake Washington Blvd. The east portion of N. 3th St on the site will have 42 feet of dedicated right-of-way (32' of pavement, 5' sidewalks, curb and gutters on both sides), which would taper to a modified half-street with 25-foot dedicated right-of-way (20' of pavement, 5' sidewalk, curb and gutter on north side of roadway) on the western portion of the site. The applicant has applied for and received a street standards modification for the reduction in road right-of- way width from 50' to 42'. The applicant has also requested to be allowed to gate the entrance to the plat from Lake Washington Blvd; however, this modification was denied by staff. Topography and Vegetation: The site primarily consists of a west-facing slope that descends at an average grade of 12 percent. The surface soils are mapped as A1derwood gravelly sandy loam. The site vegetation consists of lawn, shrubbery and various deciduous and coniferous trees with the residential settings. The applicant proposes grading for site preparation and road construction, including the area of steep slopes in the center of the site, which would be reduced to an average 12 percent grade. Of approximately 17 trees on the site, 14 would be removed, and 3 would remain. There are no critical areas on the subject property. Staff Rpt Victoria Pointe 05-115.doc City of Renton PIBIPW Department VICTORIA POINTE PRELIMINARY PLA T PUBLIC HEARING DATE: January 24. 2006 eliminary Report to the Hearing Examiner LUA-05-115, ECF, PP Page 70f8 Relationship to Existing Uses: Single family residential homes surround the subject site. The proposed detached single family development would be compati~le with the surrounding development D. Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the applicant's provision of Code required improvements and fees. The Environmental Review Committee imposed a Fire Mitigation Fee in order to mitigate the project's potential impacts to emergency services. Recreation: A Parks Mitigation Fee was imposed by the Environmental Review Committee in order to mitigate the project's potential impact to park and recreation facilities. Schools: The site is located within the boundaries of the Renton School District. Based on the student generation factor, the proposed plat would potentially result in 4 additional students (0.44 x 10 = 4.4 rounded to 4). The School District has indicated that there is adequate capacity to serve the potential additional students. Students would attend Kennydale Elementary School, McKnight Middle School, and Hazen High School. Storm Drainage/Surface Water: The applicant has provided a drainage report prepared by Infrastructure Consulting Corp. (ICON), dated September 22, 2005, with a revised Section V (Off site Analysis) dated December 9, 2005. The storm drainage plan proposes a bioswale along the frontage of Lake Washington Blvd.' with connection of treated runoff to the existing storm drain system in the street. A bypass system will transfer flows in excess of a 6 month storm event directly to the storm drain system. Onsite detention is not required. The site's downstream drainage is to the west into Lake Washington. Currently, the area surrounding the project site also experiences flooding of roads and individual properties following heavy rain events. As noted in the revised Section V analysis, the downstream system currently is not considered adequate to receive the 25-year, 24-hour conveyance flow. There is constriction in pipe size as flows near Lake Washington, and residential flooding and overtopping of catch basins has been reported near the lake. The applicant's stormwater consultant surveyed the existing downstream drainage system, and has proposed a series of offsite improvements including: relaying of the existing pipes at the project frontage on Lake Washington Blvd., repair of existing pipe northward and replacement of existing pipe southward, and installation of an intake overflow riser on the pipe westward at the property frontage. The applicant concludes that these improvement measures will prevent drainage from flowing west toward the problem areas of the downstream system, and will direct flows north and south where the existing drainage system has adequate capacity. In extreme conditions, the overflow riser on the westward pipe will provide a reserve drainage route, but will not serve as a primary conduit for drainage. Staff have reviewed the proposed storm drainage system and offsite improvements, and have concluded that if the conditions of the revised Section V analysis are implemented, with further analysis as necessary during construction permit review, the potential impacts of the development on the downstream drainage system will be adequately mitigated and will not affect other properties. To avoid further impacts to existing downstream drainage problems, Condition #3 of the DNS-M requires the project to comply with the recommendations for downstream drainage improvements and mitigation of potential or existing problems in the downstream system, as described in the Section V (Offsite Analysis) revised analysis dated December 9, 2005, prepared by ICON, Inc. and/or as subsequently modified during construction permit review by City staff. < A Surface Water System System Development Charge (SOC) of $759 for each new single-family lot is payable at the time the utility permit is issued. Water and Sanitary Sewer Utilities: The proposed development is within the City of Renton water service area. The Water System Development Charge is $1,956 per new single~family residence. The Sewer System Development Charge is $1,017 per new single-family residence. Staff Rpt Victoria Pointe 05-115.doc City of Renton PIBIPW Department VICTORIA POINTE PRELIMINARY PLA T PUBLIC HEARING DATE; January 24, 2006 E. RECOMMENDATION: ~liminary Report to the Hearing Examiner LUA-05-115, ECF, PP Page 80f8 Staff recommends APPROVAL of the Victoria Pointe Preliminary Plat, Project File No. LUA-05-115, ECF, PP, subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non-Significance -Mitigated that was issued by the Environmental Review Committee on December 28, 2005. 2. The applicant shall provide a detailed landscape plan that shows proposed landscaping for all street frontages and the bioswale area. Landscaping shall be consistent with the requirements of RMC 4-2- 110. A 5-foot landscape buffer is required along the frontages of Lake Washington Blvd., N. 3ih Street (north 'side only) and Wells Ave. N. If additional undeveloped right-of~way exists outside of the 5-foot buffer areas, those areas shall also be landscaped. The satisfaction of these requirements shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. 3. The dedicated right-of-way of N. 3ih Street shall not be gated at any point within the plat. 4. The applicant shall construct a solid wood fence, 6 feet in height, to separate the 25-foot wide half- street portion of N. 3ih Street from the existing gravel drive that will continue to serve the lots immediately to the south. The felice shall be sufficiently set back from the intersection of Lake Washington Blvd. and N. 3ih Street to provide adequate clear vision area; the design and location of the fence will be finalized during construction permit review and is subject to Division review and approval. The fence shall be finished on both sides. Maintenance of the fence shall be the responsibility of the homeowners association. The fence is required to remain in place until the southern half of N. 3ih Street is dedicated as public right-of-way and improved to City street standards. 5. The proposed vacation of a 10' utility easement on the east side of Lot 8 shall be finalized and recorded prior to or concurrent with recording of the final plat. EXPIRATION PERIODS: Preliminary Plats (PP): Five (5) years from final approval (signature) date. Staff RptVictoria Pointe 05-115.doc B4 -29 nAN R5E W V-,-----------r--[;-A CDR D4 • S T23N RSE W 112 ----_ton CitJ Umlts . .J~j~­ ,; \1_1,- 104800 -' .. ~ ! , , ! . I . ! . C4 32 T24N R5E W 112' 543l ~ lr"' .. '~ 61"': ~ ~ Iii! City of Renton King County, WA ~ N /' ~r Ul );' "" UHDERLYINO PARCEl. RECORDING NO. VOL./PAGE PORTION OF NW 1/4 OF SW 1/4, SECTION 32, T 24 N, R 5 E, W.M. Of WA'f 'N -,--I r=...--.::...-:..:.. - . ~I - - - - -!f c. "I L5::q! m f' _::::oJ _L__ r' 'P-·W. . __ III :I~ ,rrri~"r':' """'" ..... ommar LEGEND: III ~II i,I,: II, • lDI' 10 -8... LOT 8 I I ~'I ',O!lO w~ ltd,' .},!T Sq'~lf1-I-'~ Sq.FL III !'L"~Ji'Ll~-JlU~"'" II, L~_"Ltt.l_.k-!:. ~!. _ ... -"""" ... EGSTNl IDfHF ..... Jm[E§; --Z:::ING TO BE 'OEt.«lUSHEO FOR OCCUPATION DOCUMENTATION PLEASe REFER TO RECORD (. 40 20 0 40 BO '-'-----I d I ~ ..... SCALE IN FEET « """"''''''''''' """ Of' SURVEY RECORDED UNDER ____ _ c:= SCALE IN FEET '--- I i I eel e3.411".15 1 .!!:. ~~~' ~ !!i~ rJ==l' Infrastructure I/OO~ PLAT OF VICTORIA POINTE I ~ ~ Consulti~g II, ~ (\ CfIY FILE NUMBER: _____ _ J e.v-.1iIno)m Corporation 1\1'<;/'" ~ OWN. BY OATE~.tI'; J~ -JOB NO I~ 1082 Klrkland Avenue NE, Suite B I V"!' "... rf) NO /IP#&;TY _ 2;505 I Renton, Washington 98056 S " ••• " . . ,. . Il! Tel. 425-272-1020 Fax 425-272-1021 , .... ' ;V;",... CHKO. BY SCALE SHEET I!( R. BOYD '".40' 2 OF 2 I I , I I I ~ o~ ~ ~~ I ~~ ~-! ~i I ~~ n b~ ~: (..)1:1:: !K'l ~ ~ .:. ~!I ~.I g Ii ! iii , • . i ~ " "Ie LAD 1'ASDfOTON Dl.VD. ____ •. ___ _ -t-ciE) -I'I~. ___ c, __ _ ,. .. \~ [lIIn.ltO. \ ... ",;' ~~~~r ------\ ---------~~~~ ----./' , ...... \ """ ~ ~W \ 0:'",,'1', \ ~~.:. • '\ \ PROPOSED OFF·SITE STORM DRAINAGE SYSTEM IMPROVEMENTS SCALE: 1"30' • \ ~ .~ \\ ~. ---%----.--------r: ----;=::::;-•. ----'-----______ . OJ -'-\--~~(------~ ~.-------,.~~ \ ':1;'~ \ '\ \ \ SURVEY LEGEND: • SET "/80 REBM .. CJ,p o FOUND REaM ma CNJ o FOUND IRON PIPE o flRt: HYDRANT ::aD CATCH IWilN TYPE I *COIIlFElIlR[[ () DECIDUOUS mEE • STEEL ftNCE POSI' -{r-UTIUTY POlE ...... iIl WATER IoIETtR '110[:., WATER ~AL~ o CATCH Bo\SIN TYP£ 2 HIIO'G1 SNffl'Hn' SEWER IIWIHOLE II YARD DRAIN (DCE Of' ASPtW.T \ tlOO WIRE OR CHAIN UN" F'EHCE ~ NOTED C~ F[J«:[ UN[ ROO"'" JO 15 0 30 eo ~! SCAlE I .... rr.t.1 -\ .:::?:" '\' ~.!\ l~~ ~~\ • ,"6,~ ..... ~ .... \J~l~\ . \ STORM DRAINAGE LEGEND .-- ---OISTlNG RDfT-oF"-wAY --- ---MOPOSm ~-oF'~WA'" _ •• _ •• -PROPfJfJ'I'UHE DJ!JllHa (EOO£ Of) PAVEll[Nl ___ 11 __ EXIST'IGCQHTOLIIt --0--_""""'" -----EASE:MOO EXISTING SfOm.I DAAlN PROPosm STORW DRAIN II PROPOSm aJ t\'P[ I ~ Infrastructure ~ Consulting _._ Corporation 1062 KlrIdand Awnuo, N.E., sun. 6 Renton. WashlnglDn 90058 Phone: 425-2n·1020 • Fox: 425-2n·l021 \ \ \ ! C8 R\t.I 0. .. 47.61' I.E. N. 12~. 4!UO I,E, E. 12"·4,-1\' CB I.E. S. 12"·4e.m' Rll.! El_41,82.' I.E. N. 12·-"~.11I· I.E. E. 12,".".4.5' lE. S. 12· ....... 99· , '. , ~ CRITICAl "RU'S TO B£ FlELO VERIFIED BEFORE fiNAL DESIGN. """"""'" * ~~C:~~N~16 ELEI/.-42.1!5' NAVO'M 'R1& !9 .~ SCAlE IN fEET Wl<II!ll. o SET ':1/8" RmAR II CJI' o rOUHO REBAR NIl) eN' o rOUHtlIROHPIPE P RRf WroAANT "'0 CA'CIi BASIN f'l'PE I *Oc:tll~E~ mEt o CtclDUQUSTREE o STttl rENet POST -0-U JU rY POIi -III WAtER WElD' ~ WA1[RV..,.vt SSMlI: ~,I,N:~.,.2SE'lItRI,j"""'HOI..E'· D Y,l..RDORo\lH EDCE OF ASPHAlT __ • __ • __ HOG 'l'1Rt 00 OlAJH UUK FrNC£ A.S HOlED __ , __ ,__ CEO.Ia FENCE OtIC o:-..oo:;. .... -.;;:<:.~ ... ..:> ROCKER'" --S5-5o\t1HRY SE'IIUI UNE J. .---------------- "______ /FOIJND 3/4" IRON PfPE o 0.16' ["ST, DO'i1t4 0.'11' -rOUND 1/2" sttD. ROO 1 0 0.06' EAST, DOYIN 0.7' '",. NOT ,I.. P.l,RT (SOUnl 90' or fHE £AST 140') '-CB I . RIM EL.,08.le' F'L W._I04.12' rOUND " IRON PIP! 00.0" E"'ST, DOI'ltl 0 . .3' PLS CAP SET NOV. 1'IHIO ! Pm j)' Kathy Keolker-Wheeler, Mayor CTI:1fY ({ F RENTON PlanningtBuildinglPublic Works Department 'G~ Zimmerman P.E.,Administrator November 17, 2005 Robert West, President Hi-Point Development 3904 Park A venue N., Renton W A 98056 SUBJECT: Dear Mr. West: Victoria Pointe Preliminary Plat Requests for Modification -Street Width We have reviewed the proposed street modification request associated with the proposed single-family residential short plat, located generally at the intersection of Wells Avenue N and N 37th Street. This is, ' an infill development in an existing neighborhood with two proposed access points. The existing streets are pavement with some pedestrian improvements; The proposed modification requests to allow the proposed new road width to be reduced toa modified'hillf-streetimprovement to transition between existing road sections and provide an ~mergency access'point. The Street Modification requestis here6y approved with alterations ,and conditions. City Code 4-6-050 (Street Standards) requires full street improvements for all adjacent rights-of-way for, within, and dedicated by a plat. There are alsocerlain standards for width: of dedication for proposed streets to be added to the City grid. One of these is the,::;5~fciot half-street improvem~nt to provide 28 feet of pavement with parking'only on the development side, 5~foot sidewalk and curb, and streetlights. This allows full use of the street in normal manner, until suell time as the r~mainirig,right-()f-way is dedicated and improved by furore development. Another"standard commonly applied for iS,a modified residenthilstreet width down to 42 feet rather than the cOde defined 50 feet. The main justification for" approval is to allow full development with an additionai lot. The City can modify street improvements for new plat~ff there are practiCal ,difficulties. in carrying out , the provisions of the Street Improvement Ordinance. The Modification Procedures as defined in SeCtion , 4-9-250Ddearly states thecriteria for approval by the department Adrriinistrator~ , In Qrder for a .', , modificatiohto be appr.oved, the'Department Administratbrmust, " ... find that a specialindivldual reason" makes the strict letter of this Ordinance impractical, that the modification is in conformity with the intent and purpose of this Ordinance, and that such modification:, (a) Will meet the objectives and safety, function, appearance, environmental protection, ,and maintainability intended by this Ordinance, based upo~ sound engineering j udgment;and (b) Will not be injurious to ~ther property(ies) in the vicinity; and " (c) Conform. to the intent and purpose of the Code; and' , " (d) Can be shown to be justified and required for the use and situation intended; and (e) Will not create adverse impacts to other properties in tbe vicinity." -------:-l0':-:S::-:S:-:S:--o-ut":"'h-:G=-ra-d=-y--W-=-a-y----R-en-t-on-,-=Wc::-a--=shC":'in-g-to-n-, -=-98=-=0---S-::-5 ------. ~ @ Thi,s p8per cOntains 50% recycled rnatenai,30% post consumer AHEAD OF THE CURVE , Robert West, I>resident November 17,2005 Page 2 , Meets objectives and safety. function: Due to the physical width of the parcel at this location,the configuration of the parcels not being developed, the proximity of the house at 3626 Lake Washington Blvd, and the constraints of existing street loc~tions and width this plat is being required to connect, staff supports modification of dedication a~d improv~ment requirements. The intent of public andemerg'ency access and pedestrian amenities is met with the proposal, as there is no reduction in the pavement width "beIowfire lane standards or sidewalks. The proposed road cross-seCtion meets the minimum standards providing two laries of traffic, fire access, and sidewalks on the development side: Not injurious or adversely impact adjacentproperties: Adjacent properties are not injured 'nor adversely impacted as all dedications are from the proposed plat and allow future extensions and circulation as development occurs.' If the parcels to the south develop, this rri9dification allows the road to be designed to, trat;lsitiori appropriately. , \,:;~",,,.~.\~:, . . Confofms tothe intent of the code: Tbe'{il~ent o£lpr6'viding -f~r'~th~ City street network is met with' the ,dedication. and extension pfN 37~.SfreeHr&P1 WeilsAvenueYN:t(i!~e Washington Blvd. The plat , ". \j~9' ~.;: . ':",. _ '. s:T1 ",' ""'N:, , provides theminiinum necess~f~orfilll us~·f()r'acd!ss;e~~rgen£5.Y ari'd:\~omestic, as well as patkingand pedestrian amenities from WeJls,AVeIllieN. to Lake Washingt<ii(B.!yd~ "!;~. . . . . . ",. ./~";;-':. ' ""',.:. '-if''' ". _ :, '9, Justified ·and required forusefhll(:i;situationjntended,~;,JI:t~<7:Qningspffui~' p'iiJcel is R-S, Single'Family . . The modifications as reques,~~d allo\\, the iliii;t'''':'{''';~~~~ity:~~d nliplber of)pts that still meet the, various setbacks and access Criteri~!~ ':~:::;"". : 'i"1r,~f?PJ t ,,:j~~;o ~. . . .' " . The following:Street Modificationslare,appro1':edwith ,three THe following Street Modifications are . . apptoved with two COh~iti~~s: ',~/' .,::::~ {~(~.' "'7.i;~:~~;;, '~".,>.l ". .' . " N. 3th Street dedication shali:~ r~d}lfed'~o 42 feet with a cross s,e€tiB'h't9Cluding 32 feet conditions:: .', 0,:':_" ,.}" . "', :. '~"'>-,~;":">.~:,;.",. '. M ..... ~ i,:;' . . . 1. N. 37~ Street dedieationl:~haH .. 1:k rtx~i:I~~d,to42feei }yitll<\ cf~,~~':~ection including '32 feet of pavement, 5-fooi wid~ sidew'~lks"curb:~"d 'g~tte!s on~bot9.[~ides where the property is owned by the develOPer.. . ", . ""',h,' .'~'. '_ .:·~,,~'f-li!):;;j··: . . ..... . ,2. N. 37th Street dedicat~on of half-streeti~prbvements. ,as required by code is reduced from 35~foot dedication and improvements to 25-foot dedication with 20~foot of pavement. ,and 5~foot sidewalk, curb'and.gutters on the developinent side ofthe roadway. . 3. Wells Avenue N';shall dedicate an addit'ional,2 feet of right-of~way. The cross-section development sh~ll be minimum 20 feet of pavement, 5 feet of curb', gutter and'sidewalk on the development side. . . 4. Curb radius dedieations for the intersections with Lake Washington Blvd. and Wells AvenueN . . shall be provided to, conform to code requirements. . . . .. : The following Street Modification request is under consi~eration with final channelization design: '1. To install a gat~~t the entrance from Lake Washington BI~d. sothataccess is restricted to emergen.cy only due to liinited sight-distance and Co~stricied intersection. TIle Street Modifications a~e approved with the following.three COri~itions: . .' '. . 1. "No Parking" signs sh~iIbe installed at any location where the pavement width is less than twenty~ight feet (2S'). .' . Robert West, President Noyember.17 /2Q05 ':Page3' ) : : .. 2. Ifagateis qete.:.mned not appropriate'atthe Lake W~hirigtonBlvd. entrance point; the . developer shall coordinate with the Transportation Operations Divisionregarding'ariy <add~tionaI . . woikthat may be requkedfor line-of-site improvements within the existing right-of-way,· ." 3. pe4estri~a~dbi~;cle ac~ess shall not be restricted by the gatedesign. This decision' to approve the proposed Street :tvIOdification lsstibjectto a fourteen-(14) day appeal period fiom the date of this .let~er.Any appeals of th~a~iIlj.riistrati ve decision must be' filed ·with tile City of . • RentonHearingExarriiner by 5:00p.m., Deceinber 1,2005. .' . . .Appeals must be filed in writing tog~ttier'with,the required$7S:.00 ~pplication fee with: Hearing Examiner, City of Renton,' 1055 South Grady Way,. Renton, wA 98055. City of Rentoii Municipal Code Section 4--:8-110 governs appeals to the E~~nefr":'Additioqf!t'infoI'iIllltion regarding tht? appeal process . . maybe obtainedftomtheRenton CjtY~i<Sl~rk'~ Oftice;(4~5) 430t&.51O .. '., .'. . •... .' .' . . . . '. '. ._::~.:. . (~~:~. .' j ,'. . ·f:¢-,,"::~i'>;~~.. . ." If you have any questions,' plea~cconta:cf Mi~haerDotson~ .piOjecJfmanager, at (425) '430-7304. . .. . . .... . ... " ")~ >,.-.-. '. • . "".,<~.>:'1:'O )i:.·\~~.~ ... Sl'n' c.er·e·ly.,. .J" .. ~~~\.~~N.i.(;i:' . • );: • -.M» );,...,' ~~~". '. . . . -,..\' \ -Wi:c~C\ur ( Dev'elopinerit Engineering Sqpervisot(, Public WodciUnspections& Rerrnift \ .. . ". ..,~.. "':'"~~,'{.-4' .•... .:;; • . ~~.:~,~;:~;~~~~~~:f'~~;~ •. ·· •. ~~ ... MIchael Dotson, Engmeenng Speclahst'"Ai;".\,"~~"",,_;~{, •. ,;,.,.: . '. CCl , Keri ~eaver, Senior PlanneI.' '. . Land Use File .. ~ . ~ '. , " " t' i· • >I •• . :.- ~\ I CIJrY' ( -F RENTON' ,Pl8mlin~uil4inglPublicWorks Depaittilent· , .. :..Gregg Zinmieiman P.E.,Admili.iStra.~or: . Janua'ry 17, 2006, Robert West Hi Pbilit Developme,nf . 3904 Park Avenue N . Renton, WA '98056 SUBJECT: ' Victoria Pointe Rreliminary Plat , L.UA05:.115, pp, ECF, , , Dear Mr. West: :-' . .' ." -~, ~". -:' . !' " This letter is to. infornl y9U. that ,the appeal period e~ded: on ~anuary:,.:1~" 2006 for the , Environmental Review Committee's:'(ERC)Determinatiorfof Non-Slgnifican'ce' .... Mitigated.for the above-referenced project.:" . '. " ...,. .' " .. :. ,. ,.,. .,., .,., , ..... "---" No appeals: were filed oh the, ERCdetermination .. This decision '.is finaL, ":The applicc:tnt' must comply with,all' ERC:Mitig.ati'onMeiisures o-utliried':!nthe:Re-port and tieCisiqndated December' '20,2005.' ' , ',.. " ' . A Hearing' Examiner Public.' 'H~aring has. been ,sctiedliled for Janua,rY '~4, ~006, The applicanfor representative(sfofthe::applici:mt.are required~to'be pre.s.ent. t;n~lcised is a copy of the PreliminarY Report to the Hearing Examiner·for your' review~ " '. . . ." -~. ,: -' "'" . .... ,c' ;': : f', .... '; If you have any questions,Ple~s~ fe~l,free tocontact.meat(425) 430-7382,.::,>,.' 'c'" :-.... For the Environmental R~view Committee, . , ~ '. ,. !(~#W~ Keri Weaver; < '.' :.. -.", " , Senior Planner '.F . Enclosure cc: Steven Altringer &.,:Ronald Furrer I Owners ,,' , ,Sandra $pelman; Charles HLineyc,utt,Walter J. Thomson,)effrey& Gw~n§mith, Michael Smith,Ba.rbaia ~teoio,Sh.ifley LeSe1l1 Parties, of Record :.' ,-' ". ' ':,. ... ,' . -". '/ ------I-O-55-S-0-~-'~-~-d-Y-W~~~--R-e-m-~-,-w-~-~-·-~-o-n-~-W-5-5~'----~~'ENioN -~ ~~rW~irn:: AAO/ ... ~rn;:dPri::.1 ~O/"nnd~111'\'lQr "' . "AHEAD' OF' THE ,CURVE, • ,', r" Keri Weaver-Senior Planner City of Renton 1055 South Grady Way Renton, Wa 98055 Dear Ken, Re: Victorian Pointe Preliminary Plat LUA-05-115 I am writing you this letter both from Shirley LeSall at 3710 Lake Washington Blvd N. (neighboring the north side of this plat) and Barbara Premo; Real Estate Broker and also living in the community. As t?er our phone cconversationearlier this week in regards to paragraph 2 Water-stormwater, ·you indicated that the staff reviewed the proposed storm drainage system and offsite improvement and would require further analysis as necessary during construction permit review. We both have great concerns about the existing storm drain system that the city of Renton was given an· easement on Shirley LeSells property then the entire north line for storm water comming from the streets above. The drainage from Steven Altringers property was not handled in this system by former owners choice. However, because of this the ground water is not flowing into this system. In addition, the level of the driveway of Steven Altringer is now atleast a foot higher than it was when Steven purchased this property. All the drainage on that side of his property drains into 3710 and 3714 lake Washington Blvd N. Steven put in a 4 inch line from the house on the blvd. to the edge of the property; trying to get water out from under this house and yard. As a result, it now pours into 3710 and 3714's yard. Both have put in· a burm to help control drainage unsuccesfully. And we have very great concern about the ground water from.this property. Ken, thank you again for your time to meet with us and your quick return Of phone calls to us. Any: qu~stions, plea.se can us.. .~-~ ··-Barbara Pre·m~ 425-226.,.1-760 or .~. c¥V-te . Shirley LeSe II 425-255-7963 ) CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 21 sl day of December, 2005, I deposited in the mails of the United States, a sealed envelope containing ERe Determination documents. This information was sent to: . , ., ". Name' . Representing" ',' Agencies See Attached Robert West, Hi Point Development Applicant/Contact Steven Altringer & Ronald Furrer Owners Sandra Spelman Party of Record Charles Huneycutt Party of Record Walter J. Thomson Party of Record Jeffrey & Gwen Smith Parties of Record Michael Smith Party of Record I Barbara Premo Party of Record Shirley LeSell ---:;7 Part~~ord ~~ ~ (Signature of Sender): ~~J )~"": :-'-~ .. "",---"~.-;" D-/'" ----~ ~ vnf'\i"'(Lt:>:> r. KUr(KO STATE OF WASHINGTON ) NOTARY PUBLIC ~ ) ss 1 STATE OF WASHINGTON ~ COUNTY OF KING ) ) COMMISSiON EXPIRES < t r,:, . ~=sM~R~~J( I certify that I know or have satisfactory evidence that Patrick Roduin signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned. in the instrument. . ~ f) ,/) ) lfl_ . Dated: 1/S-b6 ~?MIf4r-.' I I Notary Public in and for the Sate of Washington Notary (print):' __ ~~""""""'-r--",....,'_·~F~..::....,td......;t/o.....;· ____ ---,-___ -,--_ My appointment expires: . 'J/ t4/ 0 (; Project Name: Victoria Pointe Preliminary Plat Project Number: LUA05-115, PP, ECF template -affidavit of service by mailing Dept. of Ecology * Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region * Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers * Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Jamey Taylor * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Servo Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt AGENCY (DOE) lETTER MAIUNG (ERe DETERMINATIONS) WDFW -Stewart Reinbold * Muckleshoot Indian Tribe Fisheries Dept. * c/o Department of Ecology Attn: Karen Walter or SEPA Reviewer 3190 160th Ave SE 39015 _172nd Avenue SE Bellevue, WA 98008 Auburn, WA 98092 Duwamish Tribal Office * Muckleshoot Cultural Resources Program * 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle, WA 98106-1514 39015 172nd Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division • Office of Archaeology & Historic Environmental Planning Supervisor Preservation· Ms. Shirley Marroquin Attn: Stephanie Kramer 201 S. Jackson ST, MS KSC-NR-050 PO Box 48343 Seattle, WA 98104-3855 Olympia, WA 98504-8343 City of Newcastle City of Kent' Attn: Mr. Micheal E. Nicholson Attn: Mr. Fr~d Satterstrom, AICP Director oLCommunity Development Acting Community Dev. Director 13020 SE 72nd Place 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Puget Sound Energy City of Tukwila Municipal Liason Manager Steve Lancaster, Responsible Official Joe Jainga 6300 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Title Examiner 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, PMT's, and the notice of application. * Also note, do not mail Jamey Taylor any of the notices she gets hers from the web. Only send her the ERC Determination paperwork. template -affidavit of service by mailing ----~-,--------~--------- " '. ,t I' , . . ------~-~-+---------"- , , -.'., --, 7 ~'. ". ; • , I _~--.,--.--t-------'-'-:".o..-~--'------~--~~-~-~-----:--:--~-.. .' .. ., , ,< ".:' , ' ",~ , ", I . ""j':' t ~-"-,.".,~:7';<-''-:---~:~";""""";,,,,,,~.,...,...~-'-,..-.:.::.....,..4.~-''-' ·...--:~,~,..!l_" ..,.l.-. . .,...."""'. '.,-, .• !'I:..: ,':'<:'. ,....,. ,-:--......".~:i.,,:;1 ;.'f.,,:i,..,' 4-,\"" :.,.,.,~". __ -'--_..,...,;' __ ' ... ""'''''';::~' " " "".;'1'1,"« .. ~,; "~.:' I~----~--~----'-~~'~,-,~'~'~:-'~~fr~:~'~"--'~';-"-'-'~-------~~----------------------~----------~----~----------~---~-------~~----.----~~~~----~~----- ~ '-. :':_; 'IJ'\"'~:"" . ~ ~. '. :;., '~:}:;'.' ~. l '""':.," ';> ",." Z; \ . . ~', ' ). ,\, ',' .. , ,J . ) .);.' ! . I', .' 1" ~,," ' . ... ,." " r' ~ ~.'~ '~'.; , 'oJ;' " "" " ,.;,', -... ' .. " . , " '."~' ~' ', .. ~\,; \ ... , ~ .# "--' h·' '. "'" I • ", r,:\. \' " ;. ... .;,. " , , J, "".:' ~\; ~ .~ " .~, '~--~~~~~'~'-:t,,~~~'~'~~'·~;:~·~,~~~·~,··~,\~,,--\~~~~'~"~':~'~--~~----'~~~--~',~'~--~"~~~~~~~---~~~~,~~ .~" , .'. I f '\' .,"".' \ l--------------~--~ll'-~--~~~~'~·"-'----------~"-·~'~'-\~~--~--~~\--~--~~----~------------~--~--------~----~----------~--~--~ I. 'I "., "-, ------;.....,----~j;.,...--;..:..--'-'---~-~...:....-----'---"-'-------~,~.---. -... ----.--, ~----.....,--:---------'~..,"-.,.".,----.r.,."l"':·--~-- :ho ':,t i ' •. " ~ ,t 4 ' •• \. " .. j , .-. . ' .,,: ,~ .. . ~ '. :," '\. I '-;' \ " '. \' \ .', .. ! :,: \. ~, ."~ , --~.--------~,~'~~---~-----~~~~~--,~------~---~---~-----------~----~--~---------------~---~~ '~-'~~"'~-r---""""", ~"~~~ .. ~ .. ~" ,~, ..-.---....;,.."..'....:,.....,-.'", ~ ; ',' ': ) ) ENVIRONMENTAL DETERMINATION & PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE· MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Vietorla Pointe Preliminary Plat PROJECT NUMBER: LUA05-115, pp, ECF LOCATION: 3701 Walls Ave NE DESCRIPTION: Tho applicant is requesting SEPA environmental rev"w and Preliminary Plat approval for a 10-lot subdivision of B 1.69-acre sHe located within the Residential ...... (R-8) dwelling units per acre zone. The applicant propot;es the eventual development of slnglHamlly detached units. The lot sizes would range from 4,725 to 7,134 $quat. foet. The site contain. par1 of a 104 unused utility easement located along the east Una 01 proposed lot 8. which the applicant proposes to have vacated. A bloswale water quality facility will be located on the east side of the property along Lake Washington Blvd. -THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. I \ Appeals of the envlronmGntal detennlna'lJon must be filed In writing on or before 5:00 PM on January ii, 2006. Appeal$; must ~ flied In wrftfng together with the required 575.00 application fee wfth: 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 408.110.8. Additlomtl infonnatlon regarding the appeal process may be obtained from the RenlOn City CIer1<'. OffIce, (425) 430-6510. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION . -·-f!",aseiri~ILide the prOjeetN~ER when calling fOT prol'eJ((ileidentlflcatl,,"- CERTIFICATION I, O~ ~~"l , hereby certify that .3. copies of the above document were posted by me in ~ conspicuous places or nearby the described property on DATE: IN~' 105 SIGNED: ~~.£- A1TIST Sub"rlh<d ond ,worn befure -. , NO~Pnbli. :-ond fo, ~ Swl< OfOJ;?Jli:; ] STATE OF WASHINGTON \\ COMMISSION EXPIR~S 1 MARCH 19, 2'1~;S ::' ,.-.:..,..----. f"~-.r::_~~. "-~. .. .-'''' • • -- ENVIRONMENTAL DETERMINATION & PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Victoria Pointe Preliminary Plat PROJECT NUMBER: LUA05-115, PP, ECF LOCATION: 3701 Wells Ave NE DESCRIPTION: The applicant is requesting SEPA environmental review and Preliminary Plat approval for a 10-lot subdivision of a 1.69-acre site located within the Residential-8 (R-8) dwelling units per acre zone. The applicant proposes the eventual development of single-family detached units. The lot sizes would range from 4,725 to 7,134 square feet. The site contains part of a 10-ft. unused utility easement located along the east line of proposed Lot 8, which the applicant proposes to have vacated. A bioswale water quality facility will be located on the east side of the property along Lake Washington Blvd. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERG) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on January 11, 2006. 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. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON JANUARY 24, 2006 AT 9:00 AM TO CONSIDER THE PRELIMINARY PLAT. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. , i ;---7 I '-I _. __ ~'-_. 'v ,'lk40UiSt, I: ---/ ,-~ --.:.. --I -// ~l_ . . ~ R FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Kathy Keolker-Wheeler, Mayor December 21. 2005 Robert West Hi Point Development 3904,Patk Avenue N Renton, WA 98056 SUBJECT: Victoria Pointe Preliminary Plat ' LUA05-115, PP, CEC ' , Dear Mr. West: (::n:TY )F RENTON 'PlanningIBuildiriglPqblic Works Department' , Gregg Ziinmerman P.E., Administrator This letter is written on behalf of the Environmental Review Committee (ERC). to advise you that they . , have completed their review of the subj~t.project~md have issued a threshold Determination of Non-, , Significance-Mitigated with Mitigation Measures. 'Please refer to the enclosed ERC Report and Decision, ' Section'B for a list of the Mitigation Measures. . '. Appeals of ,the ~'nvirOrimental'determinatlon 'must. be filed 'in writing 6n or before 5:00 PM on ~anuary 11, 2006. 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 byCity.of Renton Municipal Code Section 4-8-110.R Additional information regarding the ,appeal process may be obtained fromthe"F~~ntohCitYGlerk's Office. (425)430-6510. . . -, , . . ." . . . . -. '. . , ' ,A Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 SQuth Grady Way, Reiiton. Washington. on Janua,y·24. 2006 at 9:00·AM to . . consider the Preliminary Plpt. The applicant"or representative(s) of theapplicarit is required to be present afthe public hearing. ·A copy of the staff report wfllbemailed to you one week before the hearing. If the EiwironmentalDeterminationis appealed;the'appeal will'be heard as part of·this public hearing. The preceding information will assist you in planning,for implementation of YOlwproject and enable·Yeu to ·exercise your appeal rights more fully, it-you choose'to' do so. If you have any questions or desire clarification of the above; please call me at (4~5)4·30':7382. ' ',.For the Environmental Review Committee, L <>_///.J " , '?I~JOkU/~ '. Keri Weaver Senior Planner cc: ' Steven 6. Altringer & Ronald S. Furrer IOwner(s) Sandra Spelman. Charles Huneycutt. Walter J. Thomson, Jeffrey,& Gwen Smith, Michael Smith;' Barbara Premo, Shirley LeSeli I Party(ies)of Record , Enclosure y -------lO-S-S-s-ou-t-h-G'--ra-d-y-W..;.a-y---R-en-to-n-, ,,";'W";'a-sh~in-g-to-n-9-8~O-SS------''--''':----· . ~ .. ~ ,,' AHEA'D OF THE CURVE '\Q:f This paper oontains 50% recycled material, 30% post oonsumer CJI1fY ~ FRJEN1fON PlamiingIBuildinglPublic Works Department .. Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E., Administrator. December 21, 2005 Washington State Department of Ecology Eiwironmental Review Section PO Box 47703 Olympia,WA 98504-7703 Subject: Environmental Determinations Transmitted herewith is a copy ~f the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on December 20, 2005: . DETERMINATION OF NON-SIGNIFICANCE -MITIGATED PROJECT NAME: PROJECT NUMBER: . LOCATION: Victoria Pointe Preliminary Plat LUA05-115,-PP, ECF-· . 3701 Wells Ave. NE DESCRIPTION: The applicant is requesting SI;PA environmental review and PrelimiriaryPlat approval fora 10 .. lot subdivision of a 1.69..acre site located within the Residential ~ (R-8) dwelling units per acre zone. The applicant pre>poses the eventual development-of single- family detached units; The lot sizes would range from 4,725 to 7,134 square feet. The-site contains part of a 10-ft. unused utility easement .Iocated along th'e-east I{rie of proposed Lot 8, which the applicanf proposes -to have v~cated. A bioswale water quality facility will be located on. the east side of the property along Lake Washington Blvd. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on January 11, 2006~ Appeals must be filed in·writing together with the required.$75.00 application fee with: Hearirig 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 lrom the Renton CityCletk's Office-, (425) 430-6510. ·If you have questions, please call me at (425) 430-7382. For the Environmental Review Committee, ~ "_A/_7 . /jUvJZSlV(/~ KeriWeaver .- Senior Planner . cc: King County Wastewater Treatment Division WDFW,Stewart Reinbold David F. Dietzman, Department of Natural Resources WSDOT; Northwest Region Duwa/TIish Tribal Office _ . _ _ KarenWalter, Fisheries, Muckleshoot Indian Tribe (Ordinance) -. Melissa Calvert, Muckleshoot Cultural ResourcesProgram US Army Corp. of Engineers . Stephanie Kramer, Office of Archaeology & Historic Preservation ~ . --1E~I""'ltlnlo""su"',ea-----l-OS-S-S-o-u-th-G--r-a-dy-W-ay--R-e-n-to-n-,-W.-a-sh-jn-g-to-n-9-g0-S-S-------R E N TON ® This paper contains 50% recycled maleriaJ, 30% ~tconsumer AHEAD OF THE CURVE CITY OF RENTON ) DETERMUNIATION Of NON~SIGNIF~CANCE-MITIGATElD MITIGATION MEASURES APPLICATION NO(S): LUA05-115, PP, ECF APPLICANT: Robert E. West, Hi Pointe Development PROJECT NAME: Victoria Pointe Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting SEPA environmental review and Preliminary Plat approval for a 10-lot subdivision of a 1.69-acre site located within the Residential -8 (R-8) dwelling units per acre zone. The applicant proposes the eventual development of single-family detached units. The lot sizes would range from 4,725 to 7,134 square feet. The site contains part of a 10-ft. unused utility easement located along the east line of proposed Lot 8, which the applicant proposes to have vacated. A bioswale water quality facility will be located on the east side of the property along U'lke Washington Blvd. LOCATION OF PROPOSAL: LEAD AGENCY: MITIGATION MEASURES: 3701 Wells Avenue NE The City of Renton Department of Planning/Building/Public Works Development Planning Section 1. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control ReqUirements, outlined in Volume II of the 2001 Storm water Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This Plan shall be subject to review and approval by the Development Services Division. 2. The applicant shall comply with the recommendations contained within the geotechnical report dated September 21, 2005, prepared by Cornerstone Geotechnical, Inc. 3. The applicant shall comply with the recommendations for downstream drainage improvements and mitigation of potential and existing problems in the downstream system, as described in the Section V (Offsite Analysis) revised analysis dated December 9, 2005, prepared by ICON, Inc. and/or as subsequently modified during construction permit review by City staff. 4. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. 5. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. ERC Mitigation Measures Page 1 of 1 ) CITY OF RENTON DETERM~NATION OF NON-SIGNlf~CANCEaMITIGATED ADVISORY NOTES APPLICATION NO(S): LUA05-115, PP, ECF APPLICANT: Robert E. West, Hi Pointe Development PROJECT NAME: Victoria Pointe Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting SEPA environmental review and Preliminary Plat approval for a 10-lot subdivision of a 1.69-acre site located within the Residential -8 (R-8) dwelling units per acre zone. The applicant proposes the eventual development of single-family detached units. The lot sizes would range from 4,725 to 7,134 square feet. The site contains part of a 10-ft. unused utility easement located along the east line of proposed Lot 8, which the applicant proposes to have vacated. A bioswale water quality facility will be located on the east side of the property along Lake Washington Blvd. LOCATION OF PROPOSAL: LEAD AGENCY: 3701 Wells Avenue NE The City of Renton Department of Planning/Building/Public Works Development Planning Section 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. 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. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified'in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3. Commercial, multi-family, new single-family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p:m. No work shall be permitted on Sundays. . 4. The dedicated right-of-way of N. 37th Street shall not be gated at any point within the plat. 5. As a condition of preliminary plat approval, staft recommends that the applicant construct a solid wood fence, 6 feet in height, to separate the 25-foot wide half-street portion of N. 37th Street from the existing gravel drive that will continue to serve the lots immediately to the south. The fence shall be sufficiently set back from the intersection of Lake Washington Blvd. and N. 3iti Street to provide adequate clear vision area; the design and location of the fence will be finalized during construction permit review. The fence shall be finished on both sides. Maintenance of the fence shall be the responsibility of the homeowners association. The fence is required to remain in place until the southern half of N. 37th Street is dedicated as public right-of-way and improved to City street standards. Property Services 1. See attached memo dated October 12, 2005. Fire Prevention 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 square feet in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. The application mentions that homes up to 4000 square feet may be ERe Advisory Notes Page 1 of 3 constructed. The Fire Department reqlJI~eS that any single-family structure greater ~an 3600 square feet require additional fire flow (1500 gpm) and additional hydrants (two hydrants within 300 feet). The design drawings submitted with the application did not comply with this requirement for all of the lots. Therefore, depending on the size of the new homes, additional hydrants and increased wate rmain sizing may be necessary. 2. Fire Department access roads are required to be paved, 20-foot wide. Dead end roadways over 150 feet in length are required to have an approved turnaround. 3. Dead end access roadways over 700 feet in length are required to have a secondary access. All lots on a dead end access roadway between 500 and 700 feet are required to be sprinklered. A secondary access would eliminate this requirement. 4. Street addresses shall be visible from a public street. 5. To provide the minimum fire-flow and hydrant spacing, a new 8-inch water main is required to connect to the dead- end 6-inch main on N 37th Street and the 8-inch water main located in Lake Washington Blvd. One new hydrant will be required (if homes are less than 3600 square feet; otherwise as noted in item 1). 6. A 5-inch quick-disconnect Storz fitting will be required to be installed on existing and new hydrants. Plan Review -Stormwater Drainage 1. The Surface Water System Development Charges are based on a rate of $715.00 x 7 new single-family lots. Estimated fees based on the entire site plan is $5005.00. Payment of these fees will be required prior to issuance of utility construction permit. - 2. Applicant will be required to tightline all roof drains to the storm system. 3. A preliminary drainage report has been submitted and reviewed. The drainage report addresses requirements for detention and water quality design per the 1990 King County Surface Water Design Manual. The City may require further analysis (Level #3) and specific design features if determined necessary by City staff, as part of the review and approval process for the construction permit application, in order to avoid additional post-construction impacts to adjacent and downstream properties. Plan Review -Water 1. The Water System Development Charges are based on a rate of $1,525.00 x 7 new single-family lots. Estimated fees based on the entire site plan is $10,675. Payment of these fees will be required prior to issuance of utility construction permit. 2. All plats shall provide a separate water service stub to each building lot prior to recording of the plat. Separate permits for water meters will be required. Plan Review -Sewer 1. The Sanitary Sewer System Development Charges are based on a rate of $900.00 x 10 single-family lots. Estimated fees based on the entire site plan is $9,000.00. Payment of these fees will be required prior to issuance of utility construction permit. 2. A sanitary sewer extension is required to serve the site. It has been shown on the plans. 3. Separate sewer stubs are required to be provided to each lot prior to recording of the shaft plat. 4. Minimum slope for side sewers shall be 2%. Dual side sewers are not allowed. 5. Existing septic systems shall be pumped and abandoned in accordance with the King County Health Department. Plan Review -Street Improvements 1. Full street improvements including sidewalk, curb and gutter and storm drainage are required to be installed. along the frontage (North 37th Street extended, Lake Washington Blvd, and Wells Ave N) of the parcels being developed. The private access roadway will instead need to be dedicated as right-of-way with a minimum of 26-feet (20 feet pavement and sidewalks). 2. The applicant will be required to comply with the City of Renton's Trench Restoration and Street Overlay Requirements. ERC Advisory Notes Page 20f3 3. A traffic control plan approved by the v~ will be required for any construction impadting the City's right of way. General Note: The Transportation Division has reviewed the proposal; see attached memo dated October 18, 2005, from ob Mahn. Various roadway design issues were identified. The particular design issues will be addressed during the permit engineering review. Note: Portions of the roadway profile are shown at over 20% slope. The maximum slope allowed by City Code is 15%. Note: Roadway and street dedication and design are specified in a Request for Modification letter from Kayren Kittrick, Development Services Supervisor, dated November 17, 2005. 1. Separate permits for the side sewer connections, water meters and storm drainage connections are required. 2. Applicant shall be responsible for securing all necessary easements for utilities. 3. All newrockeries or retaining walls to be constructed that are greater than 4 feet in height will be require a separate building permit for structural review. A geotechnical report is required with submittc~lI. 4. All wire utilities shall be installed underground per the City of Renton Under Grounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. . 5. A separate permit to cut and cap existing utilities will be required as part of the demolition of any eXisting residences. 6. A demolition permit must be obtained for any proposed demolition of existing structures on the site. ERC Advisory Notes Page 3 of 3 .... ) CITY OF RENTON DETERMINATION OF NONDS~GNIFICANCE (M~TIGATED) APPLICATION NO(S): LUA05-115, pp, ECF APPLICANT: Robert E. West, Hi Pointe Development PROJECT NAME: Victoria Pointe Preliminary Plat DESCRIPTION OF PROPOSAL: The applicant is requesting SEPA environmental review and Preliminary Plat approval for a10-lot subdivision of a 1.69-acre site located within the Residential-8 (R-8) dwelling units per aCre zone. The applicant proposes the eventual development of single-family detached units. The lot sizes would range from 4,725 to 7,134 square feet. The site contains part of a 10-ft. unused utility easement located along the east line of proposed Lot 8, which the applicant proposes to have vacated. A bioswale water quality facility will be located on the east side of the property along Lake Washington Blvd. LOCATION OF PROPOSAL: LEAD AGENCY: 3701 Wells Avenue NE The 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 43.21C.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 on January 11, 2006. 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: December 28, 2005 DATE OF DECISION: December 20, 2005 SIGNATURES: ~r.%k Dae .. IZ,(~~ Date ) To: . Gregg Zimmerman, Planning/Building/Public Works Administrator Dennis Culp, Community Services Adminisfrator Lee Wheeler, Fire Chief Alex Pietsch, EDNSP Administrator . JenniferHenning; Development Planning Victoria Pointe Preliminary Plat . (Weaver) LUA05-115, PP, ECF " .. . . '. ,' .... The applicant is requesting SEPA environmental review and Preliminary Plat approval for a10-lot su~ivision ofa 1.69-acre site located within the Residential -8 (R-8) dwelling units per acre zone. The applicant proposes the eventual development of single-family'detached units. The lot sizes would range from 4,725.to 7,134 square feet. The site contains part of a 10-ft .. unused utility easement located along the east Ihie of proposed Lot 8, which the. applicant proposes to have vacated. A bioswale water quality facility will be located on the eastside of the property along l::.akeWashington Blvd. . cc: K KeolkElr-Wheeler, Mayor J. Covington, Chief Administrative Officer B. Wolters, EDNSP Director ® J. Gray, t=irePrevention . . N. Watts,PIBIPW ~velopmentServices Director ® F. Kaufman, Hearing Examiner . S. Engler; Fire Prevention ® J. Medzegian, Council S. Meyer, P/B/F?W TranspOrtation Systems Director R. Lind,Economic Development L. Warren, City Attorney ® REPORT City of Rt:nlon Department of Planning I Building I Public Works & DECISION ENVIRONMENTAL REVIEW COMM~TTEE REPORT ERe MEETING DATE: December 20,2005 Project Name: Victoria Pointe Preliminary Plat Applicant/Contact: Robert E. West Hi Point Development 3904 Park Ave. N Renton, WA 98056 Owner: Steven B. Altringer and . Ronald S. Furrer 3701 Wells Ave. N Renton, WA 98056 File Number: LUA-05-115, PP, ECF Project Manager: .. Keri Weaver, Senior Planner Project Description: The applicant is requesting SEPA environmental review and Preliminary Plat approval for a 10-lot subdivision of a 1.69-acre site located within the Residential -8 (R-8) dwelling . units per acre zone. The applicant proposes the eventual development of single-family detached units. The lot sizes would range from 4,725 to 7,134 square feet. The site contains part of a 10-ft. unused utility easement located along the east line of proposed Lot 8, which the applicant proposes to have vacated. A bioswale water quality facility will be located on the east side of the property along Lake Washington Blvd. (contd on next page) Project Location: 3701 Wells Ave. NE Exist. Bldg. Area SF: To be removed Proposed New Bldg. Area SF: N/A Site Area: 73,616 square feet (1.69 acres) Total Building Area SF: N/A RECOMMENDATION: Staff recommends that the Environmental Review Committee issue a Determination of Non-Sigl1ificance -Mitigated (DNS-M). Project Location Map ERCRPT 05-11S.doc City of Renton PIB/PW Department ) VICTORIA POINTE PRELIMINARY PLA} Enviromr 11 Review Committee Staff Report LUA-05-115, PP, ECF REPORT OF DECEMBER 20, 2005 Page 20'7 PART ONE: PROJECT DESCRIPTION/BACKGROUND CONTINUED The existing site currently has three single-family residences and several accessory structures proposed to be removed as part of this plat. Primary access to the lots will be from Wells Ave. N via a public road within a 42' wide dedicated right-of-way (32' of pavement, 5' sidewalks, curb and gutters on both sides) extending west from Park Ave. N, which would taper to a 25-foot dedicated right-of-way (20' of pavement, 5' sidewalk, curb and gutter on north side of roadway). The applicant has also requested to be allowed to gate the entrance to the plat from Lake Washington Blvd. The applicant has applied for and received a street standards modification for the reduction in road right-of-way width from 50' to 42'. A 10' unused utility easement extends along the east line of proposed Lot 8. The applicant has applied to the Renton City Council for release of the easement. The easement release request will be voted upon by Council action prior to a decision on the plat application. The site primarily consists of a west-facing slope that descends at an average grade of 12 percent. The surface soils are mapped as Alderwood gravelly sandy loam. The site vegetation consists of lawn, shrubbery and various deciduous and coniferous trees with the residential settings. The applicant proposes grading for site preparation and road construction; including the area of steep slopes in the center of the site, which would be reduced to an average 12 percent grade. Of approximately 17 trees on the site, 14 would be removed, and 3 would remain. The applicant has submitted a conceptual landscaping plan with two street trees per lot (Malus "Prairiefire"; Flowering crabapple), which appears tQbe consistent with the City's landscaping requirements. As a preliminary plat condition, a detailed landscaping plan that addresses all street frontages and the bioswale area will be required to be submitted to the Development Services Division for review and approval prior to recording of the final plat. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21 C.240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINA TIOH OF NON-SIGNIFICANCE Issue DNS with 14 day Appeal Period. B. Mitigation Measures x DETERMINA T/ON OF NON -SIGNIFICANCE -MIT/GA TED. Issue DNS-M with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period with a Concurrent 14 day Appeal Period. 1. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This Plan shall be subject to review and approval by the Development Services Division. 2. The applicant shall comply with the recommendations contained within the geotechnical report dated September 21, 2005, prepared by Cornerstone Geotechnical, Inc. 3. The applicant shall comply with the recommendations for downstream drainage improvements and mitigation of potential and existing problems in the downstream system, as described in the Section V (Offsite Analysis) revised analysis dated December 9, 2005, prepared by ICON, Inc. and/or as subsequently modified during construction permit review by City staff. 4. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single- family lot prior to the recording of the final plat. ERCRPT 05-115.doc City of Renton PIB/PW Department VICTORIA POINTE PRELIMINARY PLA., Environn 11 Review Committee Staff Report LUA-05-115, PP, ECF REPORT OF DECEMBER 20, 2005 Page 3 of 7 5. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. C. Environmental Impacts The Proposal was circulated alJd reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The site primarily consists of a west-facing slope that descends at an average grade of 12 percent. A geotechnical report prepared by Cornerstone Geotechnical, Inc., dated September 21, 2005, was submitted with the land use application. The surface soils are mapped as Alderwood gravelly sandy .. loam. The applicant proposes grading for site preparation and road construction, including the area of steep slopes in the center of the site, which would be reduced to an average 12 percent grade. No fill is proposed. The geotechnical engineer concludes that the existing soils are suitable for the 10-lot proposed development. It is recommended that construction take place during the drier summer months, with additional measures. required if construction is proposed during the wet season. Staff recommends that . the applicant shall comply with the recommendations contained within the geotechnical report prepared by Cornerstone Geotechnical as a SEPA mitigation measure. Clearing of vegetation on the property and grading of the site in order to locate the proposed utilities, construct the proposed roadway and prepare the site for residential building pads is proposed. Downstream erosion problems from sedimentation in catch basins has been identified by the applicant's stormwater consultant. Staff recommends that the applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual~ and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. Staff anticipates that if these conditions shall be adhered to as well as existing. code previsions, stormwater and erosion control impacts would be adequately mitigated. In addition, these conditions, once implemented, would ensure that neighboring properties would not be impacted by this development. . Mitigation Measures: • The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This Plan shall be subject to the review and approval of the Development Services Division. • The applicant shall comply with the recommendations contained within the geotechnical report dated September 21, 2005, prepared by Cornerstone Geotechnical, Inc. Policy Nexus: SEPA Environmental Regulations; Vol. II 2001 DOE Storm water Management Manual 2. Water -Storm water Impacts: The applicant has provided a drainage report prepared by Infrastructure Consulting Corp. (ICON), dated September 22,2005, with a revised Section V (Offsite Analysis) dated December 9,2005. The storm drainage plan proposes a bioswale along the frontage of Lake Washington Blvd. with connection of treated runoff to the existing storm drain system in the street. A bypass system will transfer flows in excess of a 6 month storm event directly to the storm drain system. Onsite detention is not required. The site's downstream drainage is to the west into Lake Washington. Currently, the area surrounding the project site also experiences flooding of roads and individual properties following heavy rain events. ERCRPT 05-115.doc City of Renton PIBIPW Department ) VICTORIA POINTE PRELIMINARY PLA I Environn )11 ReviewCqmmittee Staff Report ---LUA-05-115, PP, ECF - REPORT OF DECEMBER 20, 2005 Page 40f7 -- As noted in the revised Section V analysis, the downstream system currently is hot considered adequate to receive the 25-year, 24-hour conveyance flow. There is constriction in pipe size as flows near Lake Washington, and residential flooding and overtopping of catch .basins has been reported near the lake; The applicant's stormWater consulta':lt surveyed the existing d6wnstreamdrainage -syst~m, a[ldhas pr()posed a series of off site imRfovements including: relaying of the existing pipes althe project frontage ~m Lake Washington Blvd., repair of existing pipe northward and replacement of existing pipe southward, and installation of an intake overflow riser on the pipe westward at me property frontage. The applicant concludes that these improvement measures will prevent drainage from flowing west toward the problem areas of the downstream system, and will direct flows north and south where the existing drainage system has adequate capacity., In extreme conditions, the overflow riser on the westward pipe. will provide a reservedrainageroute, but will noiserve as aprimary conduit for drainage. StaffhaVe reviewed'the proposed stormdrai!1agesystem and offsiteimprQvements, andhaveconcluded -'. thai' if' the conditions of the Aevised 'Section V 'analysis are implehl~nted, with further analysis as . ,necessary duringcof1structionpermit review, Jhe. potential--impacts of the development on the dow~stre~m .drainage system will be adequaJelymitigated and will not affect other properties. _ Mitigation Measures: _ e . TtJe 'applicant shall comply with the~ecommendations for downstream drainage improvements and mitigation of potential or existing problems i,n the downstreamsy~tem, as described in the _ Section V. ' (Offsite Analysis) revised analysis ,dated .December 9, 2005, prepared by ICON, Inc:'and/oras --subsequently modified during c:;onstruction permitre"iew by Citystaff. ' . -Policy Nexus: SEPA Environmental Regulations;J 990 King County,Sllrface "Yater DeSign Manual ._-• 3. Fire Protection Impacts: Fire Prevention staff' indicates that sufficient r~sources exist to' furnish services, to theprciposed development; subject to the condition that the applicant provide required improvements and fees. As the, proposal would add 73 new residences to the City, staff recommends that the applicant be'requiredto pay aFire Mitigation Fee in the amount of $488,00 per 'new single-family residence. with credit given for· 3 existing residences. The tot~1I fee is estimated at $3,416 (10 new residences ,-'-3 existing residences =7 x $488.00 = $3,416.00). Staff recommends that the payment of the fee be required prior to the recording of the final plat. -. . . - Mitigation Measures: The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 pernew single-family lot prior to the re(:ording of the final plat. ,-. . - Policy Nexus: SEPA Environmental Regulations; Fire Mitigation Fee Resolution No. 2913, Ordinarice 4527. 4. Transportation Impads:- The proposal would result in an increase in'traffic trips to the City's street system; therefore, staff recommends that the applicant pay a Traffic Mitigation Fee based on a rate of $75.09 per new trip: Each new residence is expected to generate' approximately 9.57 trips per day With credit given fof 3 existing' residences. For the proposal, the Traffic Mitigation Fee is estimated at $7,177.50(10 new residences . ....: 3' existing residences = 7x 9.57 trips x $75 per trip = $5,024.25). Staff recommends that this fee be payable prior to the recording of the final plat. . Mitigation Measures: The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior:to the recording of the final plat Policy Nexus: SEPAEnvironmental Regulations; Transportation Mitigation Fee Resolution No. 3100, Ordinance 4527. . -- ERCRPT 05-115.doc City of Renton PIB/PW Deparlment ) Environn 3/ Review Committee Staff Report VICTORIA POINTE PRELIMINARY PLA} , LUA-05-115, PP, ECF REPORT OF DECEMBER 20, 2005 Page 50'7 5. Parks & Recreation Impacts: No onsite recreational facilities are proposed to be provided. Therefore, staff anticipates that future residents of the proposed plat will utilize City facilities, and it is anticipated that the proposed development would generate future demand on existing and future City parks, recreational facilities and programs. Staff recommends that the applicant be required to pay a Parks Mitigation Fee based on $530.76 per each new single-family lot. The fee is estimated at $3,715.32 (10 lots - 3 existing lots=7 x $530.76 = $3,715.32). Staff recommends that this fee be payable prior to the recording of the final plat. Mitigation Measures: The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. Policy Nexus: SEPA Environmental Regulations; Parks Mitigation Fee Resolution No. 3082, Ordinance 4527. D. Comments of Reviewing Departments The proposal has been circulated to City Departmental/Divisional Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. . -1£.. Copies of all Review Comments are contained in the Official File. __ Copies of all Review Comments are attached to this report. Environmental Determination Appeal Process Appeals of the environmental determination must be filed in writing on or before 5:00 PM, January 11, 2006 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. . ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. . Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mUlch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1 st and March 31 st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3. Commercial, multi-family, new slngle-:family and other nonresidential constrLictionactivities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 4. The dedicated right-of-way of N. 3ih Street shall not be gated at any point within the plat. 5. As a condition of preliminary plat approval, staff recommends that the applicant construct a solid wood fence, 6 feet in height, to separate the 25-footwide half-street portion of N. 3ih Street from the existing gravel drive that will continue to serve the lots immediately to the south. The fence shall be sufficiently set back from the intersection of Lake Washington Blvd. and N. 3ih Street to provide adequate clear vision area; the design and location of the fence will be finalized during construction permit review. The fence shall be finished on both sides. Maintenance of the fence shall be the responsibility of the homeowners association. The fence is required to remain in place until the southern half of N. 3ih Street is dedicated as public right-of-way and improved to City street standards. Property Services 1. See attached memo dated October 12, 2005. ERCRPT 05-115.doc City of Renton PIB/PW Department VICTORIA POINTE PRELIMINARY PLA) Environnal Review Committee Staff Report i LUA-05-115, PP, ECF REPORT OF DECEMBER 20, 2005 Page 60(7 Fire Prevention 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 square, feet in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. The application mentions that homes up to 4000 square feet may be constructed. The Fire Department requires that any single-family structure greater than 3600 square feet require additional fire flow (1500 gpm) and additional hydrants (two hydrants within 300 feet). The design drawings submitted with the application did not comply with this requirement for all of the lots. Therefore, depending on the size of the new homes, additional hydrants and increased wate rmain sizing may be necessary. /-, 2. Fire Department access roads are required to be paved, 20-foot wide. Dead end roadways over 150 feet in length are required to have an approved turnaround. 3. Dead end access roadways over 700 feet in length are required to have a secondary access. All lots on a dead end access roadway between 500 and 700 feet are required to be sprinklered. Asecondary access would eliminate this requirement. 4. Street addresses shall be visible from a public street. 5. To provide the minimum fire-flow and hydrant spacing, a new a-inch water main is required to connect to the dead- end 6-inch main on N 3ih Street and the a-inch water main located in Lake Washington Blvd. One new hydrant will be required (if homes are less than 3600 square feet; otherwise as noted in item 1.). 6. A 5-inch quiCk-disconnect Storz fitting will be required to be installed on existing and new hydrants. Plan Review -Stormwater Drainage 1. The Surface Water System Development Charges are based ona rate of $715.00 x 7 new single-family lots. Estimated fees based on the entire site plan is $5005.00. Payment of these fees will be required prior to issuance of utility construction permit. 2. Applicant will be required to tightline all roof drains to the storm system. 2. A preliminary drainage report has been submitted and reviewed. The drainage report addresses requirements for detention and water quality design per the 1990 King County Surface Water Design Manual. The City may require furtheranalysis (Level #3) and specific design features if determined necessary by City staff, as part of the review and approval process for the construction permit application, in order to avoid additional post-construction impacts to adjacent and downstream properties. Plan Review -Water 1. The Water System Development Charges are based on a rate of $1 ,525.00 x 7 new single-family lots. Estimated fees based on the entire site plan is $10,675. Payment of these fees will be required prior to issuance of utility construction permit. 2. All plats shall provide a separate water service stub to each building lot prior to recording of the plat. Separate permits for water meters will be required. Plan Review -Sewer 1. The Sanitary Sewer System Development Charges are based on a rate of $900.00 x 10 single-family lots. Estimated fees based on the entire site plan is $9,000.00. Payment of these fees will be required prior to issuance of utility construction permit. 2. A sanitary sewer extension is required to serve the site, It has been shown on the plans. 3. Separate sewer stubs are required to be provided to each lot prior to recording of the short plat. 5. Minimum slope for side sewers shall be 2%. Dual side sewers are not allowed. 6. Existing septic systems shall be pumped and abandoned in accordance with the King County Health Department. Plan Review -Street Improvements 1. Full street improvements including sidewalk, curb and gutter and storm drainage are required to be installed. along the frontage (North 3ih Street extended, Lake Washington Blvd, and Wells Ave N) of the parcels being developed. The private access roadway will instead need to be dedicated as right-of-way with a minimum of 26-feet (20 feet pavement and sidewalks). ERCRPT 05-115.doc City of Renton PIBIPW Department VICTORIA POINTE PRELIMINARY PLA., Environn 3/ Review Committee Staff Report LUA-05-115, PP, ECF REPORT OF DECEMBER 20, 2005 Page 7 of 7 2. The applicant will be required to comply with the City of Renton's Trench Restoration and Street Overlay Requirements. 3. A traffic control plan approved by the City will be required for any construction impacting the City's right of way. Note: The Transportation Division has reviewed the proposal; see attached memo dated October 18, 2005, from Bob Mahn. Various roadway design issues were identified. The particular design issues will be addressed during the permit engineering review. Note: Portions of the roadway profile are shown at over 20% slope. The maximum slope allowed by City Code is 15%. Note: Roadway and street dedication and design are specified in a Request for Modification letter from Kayren Kittrick, Development Services Supervisor, dated November 17, 2005. General: 1. Separate permits for the side sewer connections, water meters and storm drainage connections are required. 2 Applicant shall be responsible for securing all necessary easements for utilities. 3. All new rockeries or retaining walls to be constructed that are greater than 4 feet in height will be require a separate building permit for structural review. A geotechnical report is required with submittal. . 4. All wire utilities shall be installed underground per the City of Renton Under Grounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. 5. A separate permit to cut and cap existing utilities will be required as part of the demolition of any existing residences. 6. A demolition permit must be obtained for any proposed demolition of existing structures on the site. ERCRPT 05-115.doc '.': /;-. DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNIN G/B U][LD IN G/PUB LI CWO RKS MEMORANDUM October 12, 2005 Keri Weaver Sonja J. Fesser /JS!t Victoria Pointe Plat, LUA-05-115, lPP Format and Legal Description Review Bob Ml!C Onie and I have reviewed the above referenced preliminary plat submittal and have the following comments: Comments for the Applicant: l1ie prop~rty line is not shown correctly for the east half of the south line of the plat. Lots 8 through lOaJ;ld the right-of-way to he dedic~ted for street are part of the plat and should be ~nGorhpassed by the solid line shown elsewhere for the p'latproperty line. The line types and width. are not consistent, norcoriclu~ive t«;>. easy interpretation The indexing information D9tedin the: upper right-hand corner of both drawing sheets is incorrect. The subject property.is in the SW 14 of the NW ':4 of Sectio.n 32 (not the NW 114 of the sw'4). . . .. .. . . '. 4llormation needed for final plat approval includes the following: No~ethe City of Renton land use action nUlTIber ~d land re,tor4 number, LVA-OX-XXX-FP <Uld LND:-]O~0437, respeCtively, on the drawingshee~. The type size used for the land re~ord . miffibefshould be smaller that that used fort:he land use action Dumber. Please note that the land \J~e a~p:o~ numtrer for the final plat ~ill be4iffer~i1tfromth~prelIrcin;uy plat~umber and is . . linkriown as of this date. . '. '. . . . .. . ... .... . . No~t~o ~es to the~ity of l~en~on Survey C~nttol Netw~rk; Th~ geometry will be checlced by . . ·tiiecity when th~ tie~.aieprovided. . .' . .... .' . \H;\File Sys\LND • UmdSubdivision &Surv~ying Records\LN.D-10 • PIa~~7\RVOsl 0 Il.doc ... . .. .. ,_. . .. ~.. . . . . . ': :. .. October 14, 2005 Page 2 . Provid~ plat and lot closure calculations_ Complete City of Renton Monument Cards, with reference poiIlts of all new right-of-way monuments set as part of the plat. . The ~'APPROV ALS" bl~k (Sheet! of2) for the: City of Renton is incorrect. Required City of Renton signatures include the Administrator of Planning!BuildingJPublic Works, the Mayor and "the City Clerk ._ o. . .' '. . All vested owners of.the plat property~ at the time of recording, need to sign the final plat _ document. - There are two;<~DEDICATI(JN"b19cksnotedori Sheet 1 of 2. The second said block is rioted o' under the-"LEG-AL DESCRlPTION OF RECORDS" block and contains no information .. " Remove said block if it is notn~ed. Indic~re what has been, o/is to be, set at the comers of the proposed lots ... ' : Remove all references to building setback lines.-SetbackS will be detennined acthe time_of issuance of building permits. No~enCroachments, if any. Note all easements; agreements and restrictive covenants of record on the plat drawings. The fIrst . two entries Under the ''EASEMENTS'' block (Sheet 1 of 2) do not reference the respective recording numbers -include said recording numbers on the plat submittal. . .' Note discrep~cies . between bearings and distances of record and those i:neas~ed or c~cuIated, if any; Th~'city 'will provide addresses for the prqposed lots after the preliminary,plat'isapPJovedo' The adqresses(andstfeetnames) will need to be noted on the plat document. .. , '0' NoteqritlJ~ drawing ,the plat name ~d ~act numbers for the properties 9Q the north .and south' ' s}des ofthesubjettplat. ,-. . ,-, .. . . .-. .' "". ~e~ove~l refem;lc~s to density ~<i_ zoning (currentIYl!()ted in th,e "~EQEND'.~: lJ10l::j( on_~heet .1 . f-?) -., .. ", R·-· . . R~moy~ the ,"pROJECflNFOR¥A.l1QN" block from tlieJil1~stiQ~ttal. Iqhe~e is. a R.~strictive Cqv¢~~% ~~h<1iti()~s; & . R~strictionsdocUlll~llt :iortli~s ~lat,· t,~eri referenc:e the s~ on the p~~t 4fawing ai1~ provide a space for"the ·.i~ordiiignu@ber thereof. . ... '.,'. . .. ," " .' " ... : .. ," .... "'. . . . . . ". ," .' ':~~~~~t6~~~~:~e:~~i~~ ~~~{:S~~:~:~:~;:.:!I~~n~~~~:k~~~Jrw~~~t:~~~t.· The I,latdrawlngs $d'the 'asspeiateq documen't( s) are to bf!iiyent9 tt,le -Proj~Ct Mfulager 'as a .. ~ . ". '">--••• .... ".".. .' " ••• -'. ..,--.' -,: .. '".' •••• ' • -.' ' -.:-' ..... October 14, 2005 Page 3 i· ., package. The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. The existing 15' wide portion of the utility easement (Rec. No 6660972) is not shown on the plat drawin~. Further comments regarding easements for the City of Renton and others, may be needed at the time of final review. Fee Review Comments: The Fee Review Sheet for the preliminary plat review is provided for your use and information . . H:\File Sys\LI'ID • Lanci SUbdivision & Surveying Records\l.ND·lO -Plats\o431\R V0510 ll.doc\cor ) PROPERTY SERVICFf<;"O;:EE REVIEW FOR sUnnrvISIONS No. ;"-'\5 -~5""'-"4,+-__ _ \~ ,~ APPLICANT: AITS'lIC;EA} SJEVE1-I AbJD~lAl n Ft'~ RECEIVEDFROM ___ -;-;---:-:-_ (date) JOB ADDRESS; 3'"(0 I Y-iE"1 J S AYE. &.1. AJ...n:2 O~ \'\'OU--l7L-7L:48'-.. ........ P ......... ______ _ NATURE OF WORK: IO-l.cSl:: J.obJ<:.j'PI A7f (VICT:C>Fi'IA p?JUJE PlAT) LND # 10 :...04.37 ~ PRELlMlNARY REVIE\VOf'SUBDIVISION BY LONG PLAT, NEEDKiORE INf."6RMATlON: -LEGAL DESCRIPTION SHORT PLAT, BINDING SITE PLAN, ETC. PID #'s -VICINITY MAP -FINAL REVIEW OF SUBDlVIS[ON, Tins REVIEW REPLACES SQUARE FOOTAGE -OTHER PRELIMINARY FEE REVIEW DATED -0:5C08-ii='l>~~ -FRONT FOOTAGE S~CT PROPERTY PARENT pm# .:>:34Z'7o-037C;. -H,,'_~'<. }( NEW KING CO. TAX ACCT.#(s) al"e I"equil"ed when " -0377' LAI.JP, assigned by King County. . ,-0375-f.OL,~,,:.Ur .. <tE.j II is,dle mtenl of mis development fee analysis (0 put me developer/owner on notice. thatdte fees q~oted below may be applicable (0 me subject site upon development of me property. All quoted fees are potential charges lhat may be dut: and payable at me time me construction permit is issued (0 insrall me on-site and off-site improvemenrs (i.e. underground utilities. street improvements. etc.) Triggering mechanisms for the SOC fees will be based on current City ordinances and determined by me applicable Utility Seclion. Please note lhat dtese fees are subject 10 change wiihoul notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permil application. The existing house on SP Lot # ___ , addressed as has not pl"eviously paid ____ SDC fees, due to connection to City utilities priOI" to existance of SDC fee Ord_ SP LotI will be subject to future SDC fees if ti-igge.-ing mechanisms are touched within current City OrdinanceS_ We underslandthat this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation. The fi II ell Ii d NOT' I de . f,'d I' Ii th f 0 owmg qU()1 ees 0 mcu IOspeC{(On ees. Sl e sewer permtts, ( w perron ees or e cost 0 water meters. 'SREClAL ASSESSMEJ'I.'T DISTRICT, PARCEL, METHOD OF ASSESSMENT ASSESSMENT iQISTRICTS NO. NO. ASSESSMENT UNITS OR FEE Latecomer A~reement (pvt) \'V A TER -0- Latec()mer Agl"eement U!.vt} W A~lEW A TER -0- Latecomer Agreement (p\·tl OTHER -0- / Special Assessment District/WATER /-0- / Special Assessment District/W ASTEWA TER /-0- Joint Use Agl"eeinent (METRO) - Local (mprovement District ., - Tramc '8enefit Zones $75.00 PER TRlP, CALCULATED BY TRANSPORTATION FUTURE OBLlGA TlONS - , :SYSTEf\fDEVELOPMI;:NT CHARGE -WATER .. Estimatcd It OFllNITSI SDC FEE -I'd Prevo .. Partialh' Pd (Ltd Exemption) .. Ne,'er Pd sQ. FTC. " Siogie family l"eSidentiai Sl,525/unit x 7 $ 10.<;'75.00 MObile home d\~ellin" 11m! SI220/unit iri park Apartment, Condo$91':.iui'.it not ioCD or COR zones x C~~merci~lI(ndust~ial, SO.IL3/sq. ft: of property (not less than $1,525~00) x --Boeiri£. by Spec tal Agr<:cmemfFootprim of Bldg plus 15 fl paimerer (2.800 GPM threshold) 'SYSTEM DEVEr:..Opr;;tENT CHARGE -\VASTE'WATER .. Estimated' ' .. ·PdPre\". . Partially I'd (Ltd Exemption} .. Ncver I'd Singie; famill" residential $900/ullil X '7 $G 300.00 Mobile home dwellin" unit $720!unit x Apartrnent,Condo $540fuili( not in CD or COR wnes x corrimeicialffndustria:lSO.126/sq, ft. of ~rol!er(\' x(not lesS'lhan S900.00) : SYSTi;:~I: DEVELOPi\lENT CftARGE-SURFACEWATER"" Estimated .. Pd pre,: . -Paeliallr (>d,(Ltd Exemption) .. Ne,'e;'Pd Sillgfe fainiir residditi~ld [nohile helnte(J,\dlingullit S715!'unit x ' 7 $ .'5.c:lro5.CC All other Prl)perties.S.<i.:249/sq ft of lIew Impen'io;ls area of propect)" x (not Icssthan S7[5.00) , , ' IPREUMINAR\: TOTAL '5 z,I,QSO.OC ___ J J!)t ~~~<l::::oE,h }:--------.... --~--~--.. --~----,-----___ " -,.lO~ .G;;.jo5 '< IV '''' '0 .. 0 " Si~lIalU'-i.: . f ' J;\H2' lfI : -.; ~ .. <-[f silbjecI 'proj.crl!' i,s \\'jlhill all LrD; 'i.I',is dc,'cI~JllTS .n:spolIslhiliiy w.<:hcck wilhlhc Fill~llCC Dept. [ur p:Jid!lIn~"aid stalu) . III <: .. Sqllai'e ftlOt<!'gc'f.gutes :u,c l~kCllfr?III'lhc (';:illg'CO(lllly As~ess(Jr's{Uap .. alld arc 'sulljec( (0 c.h:lIIge. ... , ' '" '£ Cui-rclit Cil~' SOC fcech:,q;e:; :jl'[il~' ,10 " ._-0 ErTE(Tf\TJ;trluar~:, 1, L0l15 ' I i ! t r ~I; ~f_ " ~ ~t~ I~' II I~~ l § City of Renton King County, WA ~ N ~ I' UHDERC.:rtHG p .... en RECORDING NO. VOL/PAGE PORTION OF NW 1/4 or SW 1/4. S[ClION 32. T 24 N, II 5 E. W.U. BUtLotNG TO BE I .. ..,.!2!..,. .... Fe, L29 LJO lJl I OE~OU~~EO . 7 lil I lil-" lil \1! li li -:-~ -'-' ~ -,Ir--,lr~ ,1r:eUlliiiNGTOBE Ir--,Ir--,Ir ---, . I 1,1, LOT • bll ~ • 'k" r_DEM?.W~ED I b'll~ LOT °k'l .~ 101' .b'l LOT t I ~I J .:; & '1'03 ,no ..:; 61JD ,fl. ~ 58-41 :sq,ft. ~J '40.s '1. -' :t .Ft,.~, "205 Sq,Ft. ::.. 'oW ~~:' ,II . 0." ~ III 0.1> .%. III '.13 ."!' I' J i "6.13 ;:.. ,II "f.,1 f'.,., ,I, 6... ..... , . I I ~ .. I "7 Co,,''' ...... ) .JYL('·""· s.,.Ft.l,.-1"tL 1U38 ... FL~"i'L __ ':"Lfj'u! __ --l'(L'_ ,---l"i"L _ ~ -1 "I~ ~ -~ --jc--;n -1:2 l _1_ ~ L if.! 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Corporation 1082 Kirkland AvonuD, N.e'l SullO B Renlon, W.lhlnglon 98056 Phone: 425-272·1020 • Fax: 425-272·1021 "- ,. :3 ~.!' U. ;: .. , ~ ,.J 0 ~ "- ~ Vl '" CJ 0 Z , .. :'5 " " ;~~ ~5 f.f 1-., tfJ ~~ u~ ';;.i ~t Ii\? i!>! ':in! .~~ 'u ,I to II 11 ~ ;li11 'i!1 )1 '1; I :H! 15 f) :30 6U E!Iii!iriI 1z=;j SCALe It I rcn l ! .. \\_'.""~" (1flJ:l, «.JIj ~ ~1l:~;';:11 . i ~u 1.1Ott;'" ·1 .. --...... ,·,._· . j. 1'1 I', " :: WT ,. I' I LOT , I , I LOT • I ; I .... 2 S,fI. I' I '.m s,.n. ,I, '.'" "''' I' . I 0..11 /1.(/111 I 0.11 ACft!1. I 011 A(IU,' -0,151~' Sil:1IlA (Sid . I , I I ~/"" .. "". , L ._ . ____ ..J I L.. ____ ...J I L.. .... __ -=i . .-1- I I L .. .---1-. I .J.I LANDSCAPE PLAN ~S·(·:·AL·i~···i~";·· :1'0"'_·" .... -.~ 'M._.~ ...•. -.- ~ ? ~ ~ ;(' NOIITII 37111 mItt!' ,t::\.fI~. ~~l ~f 1'1·1 I~ ~ i.-C ~VEY 1...t:.QJ;;llil P(OE~'RIAN o,lOSSINv ,~JrINAI. Rf.tumAIJ SICHI\I. fill! 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PRCJ'OS[D COIl'lOUR """"'" EX. su um: PftOP. sO UH( PROf'OSEI) ftHC( PfIOPOS[D CI 'M'( I MCIPOSltI CimC. $!lt'ftAUI p./lOPOStD COlIC. cu~O .. G1J1T[R PROP05m,PAGDfI I!!?::I Infrastructure Consulting Corporation 1082 I<irl<land A",nue, N.E" Suite 8 Ronlon, w.ihlngtan 9BO!16 PhoJIe:425-212·1Q20 • P",,:425-Z72·1Q21 .: ! PLANNINGIBUILDINGI PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: December 12,2005 Keri Weaver TO: FROM: Mike Dotson~ SUBJECT: Victoria Pointe Plat; LUA 05-115, PP, ECF The following Utility and Transportation comments concern the Environmental and Development ApplicatioIi review for the subject project. EXISTING CONDITIONS WATER -The site is currently supplied and connected to the City of Renton Water system. There is a 6-inch watermain in North 37th Street, and an 8-inch watermain in Lake Washington Blvd. The project site is located in the 320- water pressure zone. Fire Flow available to the site is approximately 1000. Static water pressure is 80psi. SEWER -There is an existing 8-inch sewer main in North 3ih Street and its extension to the West. STORM -This project is within the Lake Washington Drainage basin. There is an existing storm drainage pipe in Lake Washington Blvd NE. STREET -There is currently a paved public right-of-way adjacent to this site. CODE REQUIREMENTS WATER 1. In accordance with the Fire Department requirement (prior to recording the subdivision), a minimum of one hydrant within 300 feet of any proposed single- family (less than 3600 square foot) structure is required. Note: The application mentions that homes up to 4000 squareJeet may be constructed. The Fire Department requires that any single-family structure greater than 3600 square feet require additional fire flow (1500 gpm) and additional hydrants (two hydrants within 300 feet). The design drawings submitted with the application did not comply with this requirement for all ofthe lots. Therefore, depending on the size of the new homes, additional hydrants and increased watermain sizing may be necessary. 2. To provide the minimum fire-flow and hydrant spacing, a new 8-inch water main is required to conriect to the dead-end 6-inch main on N 37th Street and the 8-inch watermain located in Lake Washington Blvd. One new hydrant will be required (if homes are less than 3600 square feet; otherwise as noted in item 1.). h:\division.s\deveJop.ser\dev&p\an.ing\projects\OS-IIS.keri\victoria pointe gf modified. doc Victoria Pointe Plat Green Fol(h.lomments Page 2 of3 3. The Water System Development Charge is $1,525 per new single-family residence. SANITARY SEWER 1. The Sewer System Development Charge is $900 per new single-family residence. This fee is due with the construction permit. 2. Prior to recording the short plat, any existing septic systems must be abandoned in accordance with the King County Department of Health regulations. SURFACE WATER 1. Surface Water System Development Charge is $715 per new dwelling unit. This fee is due with the construction permit. 2. Drainage design and specifications must meet the requirements of the King County 1990 Surface Water Design Manual. 3. The Levell offsite analysis submitted with the envirohmental review is sufficient. The analysis proposes a feasible flow path for the runoff created by this new development. The analysis also identified measures to remedy the existing downstream problems. Further analysis (Level 3) and specific design features will be evaluated with the construction permit application . . TRANSPORTATION 1. The traffic mitigation fee of$75 per additional generated trip shall be assessed for each new single family home at a rate of9.57 trips/day. This fee is due at time of recording the short plat. 2. According to City Code, all new electrical, phone and cable services must be underground. 3. According to City of Renton code, short plats of greater than 4 lots are required to install curb, gutter, street lighting, and sidewalks, along the frontage (North 3ih Street extended, Lake Washington Blvd, and Wells Ave N) of the parcels being developed. The private access roadway will instead need to be dedicated as right- of-way with a minimum of 26-feet (20 feet pavement and sidewalks). 4. Note: The Transportation Division has reviewed the proposal; see attached memo dated October 18, 2005, from Bob Mahn. Various roadway design issues were identified. The particular design issues will be addressed during the permit . . . engmeenng reVIew. 5. Note: Portions of the roadway profile are shown at over 20% slope. The maximum slope allowed by City Code is 15%. 6. Note: Roadway and street dedication and design are specified in a Request for Modification letter from Kayren Kittrick, Development Services Supervisor, dated November 17,2005. h:\division.s\develop.ser\dev&pJan.ing\projects\05-JJ5.keri\victoria pointe gf modified.doc Victoria Pointe Plat Green Foll..~_ Comments Page 3 of3 CONDITIONS 1. Temporary Erosion Control shall be installed and maintained in accordance with the Department of Ecology Standards and staffreview. 2. A Traffic Mitigation Fee of$75.00 per additional Average Daily Trip shall be assessed. h:\division.s\develop.ser\dev&plan.ing\projects\OS-llS.keri\victoria pointe gf modified. doc '\ ,-/ City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT .APPLICATION REVIEW SHEET ~EVIEWING DEPARTMENT: COMMENTS DUE: OCTOBER 18, 2005 APPLICATION NO: LUA05-115. PP. ECF APPLICANT: Robert West PROJECT TITLE: Victoria Pointe Prelimina Plat SITE AREA: 73.781 s uare feet BUILDING AREA ross: LOCATION: 3701 Wells Avenue N I WORK ORDER NO: 77482 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-lot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be removed. The proposed lots range in size from 4.725 square feet to 7.134 square feet. Access to the project is proposed via a 42- foot wide extension of N 37th Street and a 20-foot wide easement to Lake Washington Blvd. The site may contain sensitive slopes. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earlh Housing Air Aesthetics Water UghtiGlare Plants Recreation Land/Shoreline Use Utilities Animals Transf}Orlation Environmental Health Public Services Energy/ HistOric/Cultural Natural Resources Preservation Airporl Environment 10,000 Feet 14,000 Feet 1 J.D+-. 8. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with parlicular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional informati is needed to property assess this proposal. Date Kathy Keolker-Wheeler, Mayor CJITYLF RENTON PI8nriingIBuildinglPublic Works Department Gr~ Zimmerman P.E., AdmimIistu:ator November 17; 2005 Robert West, President Hi-Point Development ',3904 Park Avenue N. Renton W A 98056 SUBJECT: Dear Mr. West: Victoria Pointe, PJrelimimiry Plat RequestS for Modification -Street Width We have reviewed the proposed street modification request associated with the proposed single-family residential short plat, located generally at the intersection of Wells Avenue Nand N 37th Street. This is an infill development in an existing neighborhood with two proposed access points. The exi~ting streets , ate pavement with some pedestriari improvements. The proposed modification requests to allow the proposed new road width tobe reduced to a modified half-street improvement to transition between existing road sections and provide an emergency access point. . .' ',: . .. The Street Modification request is hereby approved with alterations ,and conditions. City Code4-6-050 (Street Standards) requires full street improvements for all adjacent rights-of-way for, within, and dedicated by a plat. There are alsocerbiin standMds for width of dedication for proposed streets to be added to the City grid; One of these is,'the :?5;..foOt half":str~et improvement to provide 28 feet of pavement with parking' only on the development side, 5~foot sidewalk and curb, and streetlights. This allows full,use of the street in riormalrrumner until such time as the remaining right-qf-way is ' dedicated and improved, by future developnlent. Another,standard commonly applied for is,a modifi'ed residential street width down to 42 feet rather than the cOde defined 50 feet. The main justification for approval is to allow fuli development with ail additional lot. The City can modify street improvements for new plats if there are practical difficulties in carrYing ol,it , the provisions of th~ Street Improvement Ordinance:' The Modification procedures as defined in 'SeCtion ',4-9-2500 dearly ~tates the criteria for approval by the department A~ministrator~, In order for a , modification to be approved, theneparim~nt Admiriistratormust, " ... find that a special indiVIdual reason makes the strict letter of this Ordinanceimpractkal, that the modification is in conformity with, the 'intent and purpose of this Ordinance, and that such mpdification: ' , (a) Will meet the objectives and safety, function, appearance, environmental protection, ,and maintainability intended by this Ordinance, based upon soiInd ~ngineering judgment; and (b) Will not be injurious to other prop¢rty(ies) in the vicinity; and (c) ~6nfoimto the intent and purposeofthe Code; ang' , (d) Can be shown to be justified and required for the use and situation intended; and (e) Will,not create adverse impacts to other properties in the vicinity." '~' -------}-Os--s=-=s=-o-u-=-th-G-r-ad--y-W,=a-y---R-en-t-on-,'-:w,:-:-'a-,sh,-"i-ng-t-on-9S-=-O--S-s------R lE N TON ' ® This paper cOntains 50% recYcled material, 30% post consumer A H E ~ D 0 F THE CUR V ~ . Robert West. President November 17. 2005 Page 2 · Meets objectives and safety, function: Due to the physical width of the parcel at this location,:the configuration of the parcels not being developed, the proXimity of the house at 3626 Lake Washington .. Blvd, and the constraints of existing street locations and wirlili. this' plat is being required to connect, staff supports modification of dedication and improvement requirements. The intent of public and emergency access and pedestrian amenities IS met with the proposai, as there is nor(!duction in the pavement width . . below fire lane standards or sid~walks. The proposed road cross-section meets the minimum standards · providing two lanes of traffic, fire access, and sidewalks on the development side: . . . . Not injurious or adversely impact adjacent. properties: Adjace~t properties are not injured nor adversely impacted as all dedications are from the proposed plat and allow future extensions and circulation as development occurs. If tile parcels to the south develop, this rri9<iification 'allows the road to be designed to tr~sitiQnappropriatelY.,;c;n;"'S:c, ;?'"'''-.' '. Confofms to the intent' of the code: Tbe'itit~;nt 6(~pi2)vi~~~;}af'(th~ City stre~t network is met with' the dedication and extension 9fN 37~;,Sfreeif;bJ11 Wells Avenue,~:tcil~e Washington Blvd, The plat provides the minimum nece~~alj'lf~t filII uSt{foniccess:elI!er~en~y aitd~pomestic, as well as parking and pedestrian amenities fromW~ltS~~veIlli'~,N. to Lake Washi~q~"~J.~d',~:,? . . Justified and Feguiredfor use'f~nci?situationdnteiided·:,;,:rpei?i~min~,.pfihis' PIrrce1 is R-S, Single Family . · The modifications as re.ques,~ed allo'Y; the ill<f:xirtlfi~:4~~:if' ,;;t, d i1~p1ber o{}pts that still meet the various setbacks and access 'criteriai~ . ': . . ,<:' . . . . 1 }". v; . . • '. • ...... ' • --'~,~:' • ~ • y .,,~' ~ } "'~~~~" .~~.. -•• The following Street Modificationslare"approYed With ·three Tile following Street Modifications are approved with two coilditi6os: ',' ."~ i"~'!. "~)~~;!;,,,. Ii.F. . N. 37~ Street dedication' shali;~rs~~~e~:tp 42 feet with ;/~~~~s.~;~~ti~1i~~~IUding 32feetconditioos: . . L N. 37th Street dedieatiorr&~all~reduced,toAf:·~e~,i tith'~ ci~~(section including 32 feet of . pavement. s-fOoi wide sidew.~lks,curb aIl,d ·gutte!son~bptlJ.;~iaes where the 'property is owned by t~e developer. .' '.. '. "'" ..,. ~,.,.~.:: , ,<,,;:;~:'~z:;:;,:,lf~1P .... .'. . . : 2 .. ··N.37th Street dedication of half-street imi>ioveinen~~,as,required by codeisteduced from 35~foot . dedication and imProvements to 25-foot dedication 'with 20-foot of pavenient~ .and 5~foot . sidewalk, curb' and gutters on the development side,ofth~ fc,adway. .. . 3. Wells Avenue N. shall dedicate an additional ,2 feetofright-of-Way. The cross-section develOPJ]lent shall be minimum 20 feet of pavement, S'feet Of curb, gutter and'sidewalk on the development side.' . 4 .. Curb radius dedications for the intersections withLakeWashingtcjn Blvd. and Wells AvenueN . . . sqall bepr<?vided to conform to code requi~ements. ' . . The foliowing Street Modification request is uoder consideration with final channelization design: . . ", .. , ,," . 1. To· install a gate at tlie entrance from Lake WasrungtonBlvd.so,that access is restrjCted to emergeIicyonly due to 'limited sight-distance and constricted intersection. . ..., . . . '. .", . The Street ModIfications ate approved with the following.three coriditions: 1. '<No Parking" signs shailbe installed at any location where the pavemerit width is less than . twenty-eightfeet (28'). . . I . I . . , Robert West, President November17,2Q05 ",Page 3· ) 2. Ifa'gate,is determined not appropfiate'at the Lake,WaslllngtonBlyd. entrance point; ~he ' developer shall coordinate with the Transportation Operations Divisionregarding',aiiy 'additional , work that may be required {or line-of-site improvements within the existing right -of~~ay: 3~ , Pe<lestria~ ,and biCycle accessshaIlnot be restrl~ted by the gate de~ign. This d~isiontoapprove the proposed Str.~etModification is subject to a fourteen~ (14) <,iayappeal period ,-from the dateofthis.letter. Any appeals of the adi,llrnistradve dt!Cision must be' filed wit!t me 'City of " ' , R~ntonHearing Exariliner by 5:00 p.m., December 1,2005. ' " .A~peals mU:st be tlledjn writing togetlle; withth~ reqtiiied$75.00 application fee with:,He¥ing . 'Examiner, City ,ofRenton,'lO?5 South Grady Way, Renton, WA 98055. City of Renton Municipal Code , "Section 4-:8:, 110 governs appeals' to the E~~er~w'1tdditio!!~I.:infortnatiori. regiu-ding the appeal process " ~~" 't ~C\u;~ " .... J.T'IGtlnCk· ..• ·.·1 ., " --:Dev'dopment Engineering Supervis~t: Public Wor~ Inspections & ~enpi~',,\,c , ~,. ·.·~;~~~[~~~~f~~L:,~z#i~"~/' Keri Weav.er~SeIilot PlaIirier' ,,' " may 'be obtained from the Renton City.!etcgik'~ Ofti9~, (425f4:3n~510., ' " , ' ':, ' , .' ' ~ . ~ . :;" ~." ~~~/" ~~'~ . ':;:i . ...,><-< ~~!~i': . ,',' If you have any ~uestio~s" ple~!>¢~:g~fit~ct l\iicha~~i>otso~,pr~;~J~~fiager, at (425) '430.,7304. ' ,.-' " -.'. , ,,}:'"-~,"'/: ' , . '<'''9::/:j\\\::~' " • SiIicerely, ,~;;' ': )~')l&, , .~\ i .:~. / Land Use File _.f, .r :, ' .. ' :.' October 28, 2005 To; Keri A. Weaver, AICP Senior Planner City of Renton Development Services Division 1055 S. Grady Way Renton, WA. From: Robert West Hi-Point Development 3904 Park Ave. N. Renton W A. 98056 Dear Keri, ( .~ CITY OFAENTON RECEIVED OCT 3 1 2005 BUILDING DIVISION This letter is in response to the fourth paragraph of the letter you wrote to me dated October 25th of this year. Your letter points out that the environmental checklist, submitted by me, with the plat application indicated that eagles have been observed on or near the site. I should have been more definitive. Whereas there have been sightings of an eagle flying over the east channel of Lake Washington, it would not be considered to be in the immediate vicinity of our proposed development. I can assure you that there are no eagle nests or an eagle tree on the subject site nor any site in the area. I can also state unequivocally that our proposed development will have zero impact on eagle habitat. Sincerely, . _ /J _ !~/~ Robert West Hi-Point Development. Kathy Keolker-Wheeler, Mayor October 25, 2005 , , Robert E. West , Hi Point Development' 3904 Park Ave. N ' Renton, WA 98056 Request for Additional Information - Victoria Pointe Preliminary Plat LUA05-115, PP, ECF Dear Mr. West: CCTITY 6IF RENTON PlanningIBuildinglPublic Works Department' Gregg Zimmerman P.E., Administrator The Development Planning SeCtion of the City of Renton accepted jhe above short plat ,applieationfor review ~n October 3, 2005'., -buring our review;;~taff havedetellTlined that, additionalinformation is rlscessary inordefto proceed further: " , 'lri the T~chnicallnform~tion Report submitted with the application, _prepared bylCON and dated,Septem~er22; 2005; it is stated in-the ProjeCt OverView thi3t "(t)his projeCt does notrequire,Qetentipn; as there is anacce~sible public storm drainage system that drains' to. Lake W~shington." However; no , documentation was ,provided to support this assumption'. Specifically, it must be demonstrated that the dOWilstr~am drainage sys~emis sufficient to convey (without bverflowlthe anticipated runoff based 'on future conditions after flJ" build-out, for b()ththeon,-site,~ndoff-site runoff Within this drainage:basin that wili be accommodated by the downstr~amdrainage system. Alternatively, please indicate how onsite runoff can be Ciccommodated by onsite,detention -, 'facilities according tdCity coderequirernents. ' " " City code requires that plats of more than 4 lots mustinstall curti; gutter; ~treet lighting, and sidewalks. These improvement~ will be required along all frontages oOhe parcels, being-developed (North 37th 5t.as extended, Lake' Washington Blvd:, and Wells Ave N). ,The proposed private access roadway must be dedicateq as: right-of-way with ~ minimum width of 26 feet (20 feet pavemeI11arid'sidewalks). An additional 12 feet of gedicated right-of-way is required along the frontag~ of Wells Ave N. Additionally, dedicatio!'1of 15- foot radii is required for the north corner of N 37th and Wells Ave N, ,and for the north corner-of Lake Wi3shil1gton Blvd and North 37th 'Street Please' revise the site plan to show these required street improvements, and, any 'resulting changes to the 'proposed lots or plat design. ' -------------lO-5-5-S-ou~t-h-G-rn~d-y-W-ay---R-e-n-to-n-,W--as-h~ln-gt-o-n-9-8-05-5-------------~ t:m.. AHEAD OF THE CU'RV-E' _ ~ This paper contains 50% recycled material, 30% post cOnsumer " ' > • '. " RobertE. W~st' Victoria Pointe LUA 05-115 , October 25, 2005 Page 20f2 ~\ The environment~lchecklist 5ubmittedWith the plat application indicated that eagl~s" nave been obseivedon or near the,site. , Bald eagle habitat is 'required to be,protected pursuant to ,WAC 232-12,.292. Please provide a habitat, , recqnnaissance' report including bald eagie'observations ,'<;Ihd ,an assessment , "of the site's,use ,as a nestirig;'!oragingorroostingarea forbald,eagles. ' ' Atthis time, yqur projeclnas heen pla98d 00' hold:pemding'receip!oftherequesfed iriformation. Piease'submit,therequested Infori:pation no late~than' November 15; 2005. , 'If-you h~veany'questions qr need additional information, please contact me at'(425} 430-7382~ , , Sintere!y, ' Keri k Weaver .. AICP ,'_ ,S~nior'Planner ' ' , .. ' cc: .' " Steven.8. nU;IIU\JCI'I " RonaldS:,' .. "" .", '. ..... ': .. . ~ ; " " • .: .r. "' .' .. ,I :" . . . .'. . . . .- ,r._ ''';'., -"" . ~" PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: October 18, 2005 Keri Weaver . TO: FROM: Mike Dotson ~ SUBJECT: Victoria Pointe Plat; LUA 05-115, PP, ECF The following Utility and Transportation comments concern the Environmental and Development Application review for the subject project. EXISTING CONDITIONS WATER -The site is currently supplied and connected to the City of Renton Water system. There is a 6-inch watermain in North 37th Street, and an 8-inch watermain in Lake Washington Blvd. The project site is located in the 320- water pressure zone. Fire Flow available to the site is approximately 1000. Static water pressure is 80psi. SEWER -There is an existing 8-inch sewer main in North 3ih Street and its extension to the West. STORM -This project is within the Lake Washington Drainage basin. There is an existing storm drainage pipe in Lake Washington Blvd NE. STREET -There is currently a paved public right-of-way adjacent to this site. CODE REQUIREMENTS WATER 1. In accordance with the Fire Department requirement (prior to recording the subdivision), a minimum of one hydrant within 300 feet of any proposed single~ family (less than 3600 square foot) structure is required. Note: The application mentions that homes up to 4000 square feet may be constructed. The Fire Department requires that any single-family structure greater than 3600 square feet require additional fire flow (1500 gpm) and additional hydrants (two hydrants within 300 feet). The design drawings submitted with the application did not comply with this requir~ment for all of the lots. Therefore, depending on the size of the new homes, additional hydrants and increased watermain sizing may be necessary. 2. To provide the minimum fire-flow and hydrant spacing, a new 8-inch water main is required to connect to the dead-end 6-inch main on N 37th Street and the 8-inch watermain-Iocated in Lake Washington Blvd. One new hydrant will be required (ifhomes are less than 3600 square feet; otherwise as noted in item 1.). h:\division.s\develop.ser\dev&plan.ing\projects\OS-llS_keri\victoria pointe gf.doc Victoria Pointe Plat Green FolOtl Comments Page 2 of3 3. The Water System Development Charge is $1,525 per new single-family residence. SANITARY SEWER 1. The Sewer System Development Charge is $900 per new single-family residence. This fee is due with the construction permit. 2. Prior to recording the short plat, any existing septic systems must be abandoned in accordance with the King County Department of Health regulations. SURFACE WATER 1. Surface Water System Development Charge is $715 per new dwelling unit. This fee is due with the construction permit. 2. Drainage design and specifications must meet the requirements of the King County 1990 Surface Water Design ManuaL 3. Note: The drainage report submitted with the environmental review stated that the new development is exempt from detention requirements. However the report did not sufficiently support this assumption. Therefore additional information will be required to verify this assumption. Specifically it must be shown that the downstream drainage system is sufficient to convey (without overflow) the future conditions full build-out of both the on-site and off-site runoff. TRANSPORTATION 1. The traffic mitigation fee of $75 per additional generated trip shall be assessed for each new single family home at a rate of9.57 trips/day. This fee is due at time of recording the short plat. . 2. According to City Code, all new electrical, phone and cable services must be underground. 3. According to City of Renton code, short plats of greater than 4 lots are required to install curb, gutter, street lighting, and sidewalks, along the frontage (North 3ih Street extended, Lake Washington Blvd, and Wells Ave N) of the parcels being developed. The private access roadway will instead need to be dedicated as right- of-way with a minimum of 26~ feet (20 feet pavement and sidewalks). 4. Note: The Transportation Division has reviewed the proposal; see attached memo dated October 18, 2005, from Bob Mahn. Various roadway design issues were identified. The particular design issues will be addressed during the permit . . . engmeenng reVIew. 5. Note: Portions ofthe roadway profile are shown at over 20% slope. The maximum slope allowed by City Code is 15%. 6. Note: According to City of Renton code, a dedication of al5-foot radius at the comer ofN 3ih and Wells Ave N is required (at north comer only). A IS-foot radius will also be required for the intersection of Lake Washington Blvd and North 3ih Street (again, at the north comer only). h:\division.s\deveJop.ser\dev&pJan.ing\projects\05-115.keri\victoria pointe gf.doc Victoria Pointe Plat Green FOl'comments Page 3 of3 7. Note: City code requires dedication ofright-of-way and improvements along Wells Ave North. This was omitted from the design drawings submitted with the application. Therefore an additional 12 feet of right of way will be required along the north boundary ofthe plat. CONDITIONS 1. Temporary Erosion Control shall be installed and maintained in accordance with the Department of Ecology Standards and staff review. 2. A Traffic Mitigation Fee of$75.00 per additional Average Daily Trip shall be assessed. h;\division.s\develop.ser\dev&plan.ing\projects\05-115.keri\victoria pointe gfdoc ') City of Renton Department of Planning / Buiiding / Public Works EN V I RON MEN TAL & DE VEL 0 PM EN TAP P L I CA T ION REV lEW SHE E T REVIEWING DEPARTMENT: Plan ~fe~ COMMENTS DUE: OCTOBER 18, 2005 APPLICATION NO: LUA05-115, PP, ECF DATE CIRCULATED: OCTOBER 4, 2005 APPLICANT: Robert West PROJECT MANAGER: Keri Weaver PROJECT TITLE: Victoria Pointe Preliminary Plat PLAN REVIEW: Mike Dotson· SITE AREA: 73,781 square feet BUILDING AREA (gross): LOCATION: 3701 Wells Avenue N I WORK ORDER NO: 77482 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-lot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be removed. The proposed lots range in size from 4,725 square feet to 7,134 square feet. Access to the project is proposed via a 42- foot wide extension of N 37th Street and a 20-foot wide easement to lake Washington Blvd. The site may contain sensitive slopes. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Mirior Major Infonnafion Impacts Impacts Necessary . Earlh Air Water Plants Land/Shoreline Use Animals Environmental Health Energy! Natural Resources B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS /Ch-- IBI :2ooS- Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics UghtiGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this applicati . particular attention to those areas in which we have expertise and have identified areas of probable impact or ion';s eed d to properly assess this proposal. 10-19"'-0) Signature of Director or Authorized Representative Date ... City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: OCTOBER 18, 2005 APPLICATION NO: LUA05-115, PP, ECF DATE CIRCULATED: OCTOBER 4, 2005 APPLICANT: Robert West PROJECT MANAGER: Keri Weaver PROJECT TITLE: Victoria Pointe Prelimina Plat PLAN REVIEW: Mike Dotson SITE AREA: 73,781 s uare feet BUILDING AREA ross: LOCATION: 3701 Wells Avenue N I WORK ORDER NO: 77d82 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-lot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be removed. The proposed lots range in size from 4,725 square feet to 7,134 square feet. Access to the project is proposed via a 42- foot wide extension of N 37th Street and a 20-foot wide easement to Lake Washington Blvd. The site may contain sensitive slopes. 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 UghtIGlare Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Services Energyl Historic/Cuffural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this appr tion with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional' orrnat n is needed to properly assess this proposal. . Date DATE: TO: FROM: SUBJECT: PLANNINGIBUILDINGI PUBLIC WORKS DEPARTMENT MEMORANDUM October 18, 2005 Mike Dotson, Development Services Bob Mahn~nsportation Systems, x7322 Victoria Pointe Plat Green Folder Review Transportation Systems staff have reviewed the information provided in the Green Folder for the subject proposed 10-unit single-family development, and have the following comments . • :. A width of 42 feet for the right-of-way dedication for the extension of North 37th Street (rather than the City Code required 50 feet for residential access streets) is acceptable . . :. Assume off-site improvements (roadway paving, curb, gutt~r, sidewalk) and dedication of right-of-way to accommodate these improvements on Wells Avenue North abutting the plat site will be required per the City Code. Since 30-foot right-of-way has already been dedicated from the existing plat to the east side of Wells, 20-foot dedication from this Victoria Pointe plat will be necessary in order to provide the 50-foot right-of-way required by the City Code for residential access streets . • :. On the Paving, Grading and Drainage Plan (dated September 19,2005), the roadway for the extension of North 3ih Street within the plat is off-set to the north so that the north curb line coincides with the north right-of~way line. Since the centeiline of the new roadway would be off-set about 30 feet north of the centerline of the existing North 3ih roadway on the east side of Wells Avenue North, a roadway transition section will be necessary. Off-setting the roadway as currently proposed would most likely necessitate relocation of an existing hydrant, utility pole with risers and ground mounted guy wire, roadway regrading and paving, and acquisition of right-of-way (or easement) from private property on the northeast corner of the North 37th/WeUs Avenue North intersection in order to accommodate the roadway transition section . • :. A sidewalk along the north side of the North 3ih roadway extension is not shown on the Paving, Grading and Drainage Plan. This should be required of the development in order to serve the abutting properties. Mike Dotson Development Services Page 2 of3 ) October 18,2005 Re: Victoria Pointe Plat '.' The North 37th roadway extension should be centered within: the new 42-foot right-of-way. The centerline of the new roadway would then be off-set about 20 feet (versus 30 feet as mentioned above) from the centerline ofthe existing North 37th roadway on the east. A conceptual roadway transition section is depicted on the attached copy of the Paving, Grading and Drainage Plan. Centering the North 3ih extension roadway within the 42-foot right-of-way would also accommodate sidewalks on both sides of the roadway within the right- of-way. The alignment of the conceptual transition section is controlled by centering the new North 37th roadway west of Wells Avenue North within the 42-foot right-of- way dedication (as noted above), maintaining a 4-foot clearance between the new edge of the realigned roadway and center of an existing fire hydrant at the northeast comer of the North 3ihIWells Avenue intersection, and providing a 13- foot wide eastbound and westbound travel lane. Also, the transition section reflects the dedication of20 feet of right-of-way, and roadway paving, curb, gutter and sidewalk, on the west side of Wells Avenue North abutting the plat. The attached transition section will most likely require some minor re~ding and paving at the northeast comer of the North 37thIWells Avenue North intersection, relocation of an underground telephqne utility box, a water meter and a drainage inlet. Relocation of an existing utility pole with risers and ground mounted guy , wire may also be required. The profile for the North 37th roadway extension shown on the Paving, Grading ,. and Drainage Plan proposes an approximate 20% grade as· the new roadway approaches Wells Avenue North. The City Code specifies a maximum of 15% for residential streets. Modification ofthe profile to reflect a 15% grade is shown on the attached copy of the Paving, Grading and Drainage Plan. Stop signs and stop bars will need to be provided at both the north and south approaches of Wells Avenue North at North 3ih Street. These signs are necessary to address sight-distance concerns resulting from the profile (using a 15% or 20% grade) for the North 37th roadway extension as it approaches the Wells intersection. A reverse-tum sign (WI-3) will be needed on the east approach of existing North th-37 at Wells Avenue North. Also, a street name sign (Wells Avenue North) should be installed above the reverse,.turn sign. h:lilivision.s\transpor.tat\planning\rlm\reviews\200S\victoria pointe plat.doc • . Mike Dotson Development Services Page 3 of3 October 18, 2005 Re: Victoria Pointe Plat ) .:. The design and installation of the roadway transition section, including roadway pavement modifications, roadway channelization/pavement markings, signage, and utility relocations associated with it, should be the responsibility of the Victoria Pointe Plat. Location, and other details of the channelization/pavement markings and signage should be coordinated with the Transportation Operations Section . . :. A standard driveway approach should be installed where the Fire Access and Common Drive intersects with Lake Washington Boulevard (rather than the curb returns shown on the Paving, Grading and Drainage Plan). It is acceptable to locate the new curb, sidewalk, and driveway approach on Lake Washington Boulevard so that relocation of the existing CB at the north end of the plat site is not necessary. If the CB is to be relocated for other reasons, then the face of new curb should coincide with the back of the existing bike lane . . Attachment cc: Karl Hamilton, Transportation Operations Manager Nick Afzali, Transportation Planning & Programming Manager File h:\division.s\transpor.tat\planning\rlm\reviews\2005\victoria ·pointe plat.doc ) . ., ) City of Renton Department of Planning / Building / Public Works EN V I RON IVi EN TAL & DE VEL 0 P /VI E NT A P P Lie A T 10 N REV lEW 5 H E E T REVIEWING DEPARTMENT:' ~~ ic)f\ COMMENTS DUE; OCTOBER 18, 2005 • .. u APPLICATION NO: LUA05-115, PP, ECF DATE CIRCULATED: OCTOBER 4, 2005 APPLICANT: Robert West PROJECT MANAGER: Keri Weaver PROJECT TITLE: Victoria Pointe Preliminary Plat PLAN REVIEW: Mike Dotson SITE AREA: 73,781 square feet BUILDING AREA Jgross): LOCATION: 3701 Wells Avenue N I WORK ORDER NO: 77482 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-Iot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be removed. The proposed lots range in size from 4,725 square feet to 7,134 square feet. Access to the project is proposed via a 42- foot wide extension of N 37th Street and a 20-foot wide easement to lake Washington Blvd. The site may contain sensitive slopes. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housinll Air Aesthetics Water UghtlGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation X Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14.000 Feet B.' POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS· icular attention to those areas in which we have expertise and have identified areas of probable impact or d to properly assess this proposal. " Date J I' . DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM October 12, 2005 Keri Weaver Sonja J. Fesser ~r!t Victoria Pointe Plat, LUA-OS-US, PP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced preliminary plat submittal and have the following comments: Comments for the Applicant: The property line is not shown correctly for the east half of the south line of the plat. Lots 8 through 10 and the right-of-way to be dedicated for street are part of the plat and should be encompassed by the solid line shown elsewhere for the plat property line. The line types and width are not consistent, nor conclusive to easy interpretation The indexing information noted in the upper right-hand comer of both drawing sheets is incorrect. The subject property is in the SW 14 of the NW l.4 of Section 32 (not the NW 114 of the SW 14). Information needed for final plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-OX-XXX-FP and LND-1O-0437, respectively, on the drawing sheets. The type ~ize used for the land record number should be smaller that that used for the land use action number. Please note that the land use action number for the fmal plat will be different from the preliminary plat number and is unknown as of this date. Note two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties are provided. \H:\Fiie Sys\l.ND -Land Subdivision & Surveying Reconls\LNO-IO -Plats\0437\R V05l0ll.doc October 14, 2005 Page 2 Provide plat and lot closure calculations. . . . Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat. The "APPROVALS" block (Sheet 1 of 2) for the City of Renton is incorrect. Required City of Renton signatures include the Administrator of PlanninglBuildingiPublic Works, the Mayor and the City Clerk. All vested owners of the plat property, at the time of recording, need to sign the final plat document. There are two "DEDICATION" blocks noted on Sheet 1 of 2. The second said block is noted under the "LEGAL DESCRIPTION OF RECORDS" block and contains no information. Remove said block if it is not needed. Indicate what has been, or is to be, set at the corners of the proposed lots. Remove all references to building setback lines. Setbacks will be determined at the time of issuance of building permits. Note encroachments, if any. Note all easements, agreements and restrictive covenants of record on the plat drawings. The first two entries under the "EASEMENTS" block (Sheet 1 of 2) do not reference the respective recording numbers -include said recording numbers on the plat submittal. Note discrepancies'between bearings and distances of record and those measured or calculated, if any. The city will provide addresses for the proposed lots after the preliminary plat is approved. The addresses (and street names) will need to be noted on the plat document. Note on the drawing the plat name and tract numbers for the properties on the north and south sides of the subject plat. Remove all references to density a~d zoning (currently noted in the "LEGEND" block on Sheet 1 of 2). Remove the "PROJECT INFORMATION" block from the final submittal. If there is a Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat drawing and provide a space for the recording number thereof. Note that if there are restrictive covenants, easements or agreements to others (neighboring property owners) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document(s) are to be given to the Project Manager as a H:\File Sys\LNO -Land Subdivision & Surveying Records\LNO-1O -Plats\0437\R V0510 Il.doc\cor ," October 14, 2005 Page 3 ~) package. The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. The existing 15' wide portion of the utility easement (Rec. No 6660972) is not shown on the plat drawing. . . Further comments regarding easements for the City of Renton and others, may be needed at the time of final review. Fee Review Comments: The Fee Review Sheet for the preliminary plat review is provided for your use and inforination. H:\File Sys\LND -Land Subdivision & Surveying Records\LND-lO -Plats\0437\RV05 10 I Ldoc\cor ~. PROPERTY SERVICEC' 'C'EE REVIEW FOR SunDIVISIONS No--"'5 ------>=5"'-4-+-~_ APPLICANT: AtTRIUGiEA I Sp=:VEU AbJD 13al..iAJ D 'F' )c=u:?F'R RECEIVED FROM ~ __ --:;--:------:-_ (date) JOB ADDRESS: 370 I 'y'VEJ J S .6:yE. t.....1. AbttJ ctp...1E=ry;"! won----'7'-7.L49~ ......... e~ ______ _ NATURE OF WORK: lO-L.cs::J:: J'ob-Iq" PLA:f (V1Cr-c:;')RIA fblUJFP' AT) LND n 10 -04.37 . X' PRELIMINARY REVIEWOltSUBDlVISION BY LONG PLAT, NEED MORE INF6RMATION: .. LEGAL DESCRIPTION SHORT PLAT, BINDING SITE PLAN, ETC_ PID #'s .. VICINITY MAP -FINAL REVIEW OF SUBDIVISION, THIS REVIEW REPLACES SQUARE FOOTAGE -OTHER PRELIMINARY FEE REVIEW DATED· . -03G8-i-'pu$,::'" -FRONT FOOTAGE SUBJECI' PROPERTY PARENT PlDn 334Z70-037G:> -H"~-",,_. K NEW KING CO. TAX ACCT.#(s) are required when -0377 ·t,L\"p ,_ • assigned by King County. -0375-f;ou.<2C'.t'1c.Qd . It is tlte intent of litis development fee analysis to put lite developer/owner on notice, that lite fees quoted below may be applicable 10 lite subject site upon development of lite property. All quoted fees are potential charges lItat may be due and payable at the time lite construction permit is issued to install the on-site and off-site improvements (i.e. underground utilities. street improvements. etc,) Triggering mechanisms for lite SOC fees will be based on current City ordinances and determined by the applicable Utility Section. . Please hote that lItese fees are subject 10 change willtoul notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. The existing house on SP Lot # ___ , addressed as has not previously paid _____ SDC fees, due to connection to City utilities prior to existance of SDC fee Ord. SP Lot# will be subject to future SDC fees if triggering mechanisms are touched within current City Ordinances. We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation. Th fi II e 0 oWll1&...quot ed f. d NOT -I d . ees 0 me u e m~t1on fi / . fi h ees, SI e sewer permits, I' w permit ees or t e cost 0 f water meters. SPECIAL ASSESSMENT DISTRICT PARCEL. METHOD OF ASSESSMENT ASSESSMENT DISTRICTS NO. NO. ASSESSMENT UNITS OR FEE Latecomer Agreement (I)vt) WATER -0- Latecomer Agreement «(lvt) W ASTEW ATER -0- Latecomer Agreement (pvt) OTHER -0- / Special Assessment DistrictfW A TER /-0- / Special Assessment District/W ASTEW ATER /-0- Joint Use Agreement (METRO) - Local Improvement District * - Traffic Benefit Zones $7S.00 PER TRIP, CALCULATED BY TRANSPORTATION FUTURE OBLlGATlONS - SYSTEM DEVELOPMENT CHARGE -'VATER .. Estimated # OF UNITS! SDC FEE .. Pd Prevo .. Partially Pd (Ltd Exemption) .. Never Pd SQ. FTG. Single family residential $1,525/unit x 7 t 10,,,"75.00 Mobile home dwelling unit $1220/unit in park Apartmcnt, Condo $91S/ullit not in CD or COR zones x Commercial/Industrial, $O.ZI3/sq, ft. of property (not less than $1,525.00) x Boeing. by Special Agrcemem/Foolprim of Bldg plus 15 fI perimeter (2,800 GPM threshold) SYSTEM DEVELOPl\IENT CHARGE -WASTEWATER .. Estimated .. Pd Pre\'. Partially Pd (Ltd Exemption) .. Never Pd Single family residential $900/ullit x '7 $(D 300.00 Mobile home dwelling unit $710/unit x Apartment, Condo $540/unit not in CD or COR zones x Commercial/Industrial $0.LZ6/sq. ft. of propert\' x(not less than $900.00) SYSTEM DEVELOPMENT CHARGE -SURFACEWATER Estimated .. I'd PrC\'. .-Partiallr I'd (Ltd E.-":clllption) .. Ne\·er·Pd Sinale famih-residcntial and Ilwhilc hO[Jlc.dwellillg unit $7 b/unit x 7 $5~005.CC All othcr properties $0.249/sq ft of ncw impcp·iOlls area of property x (not Icss than $71S.00} I PREUI\HNARY TOTAL S Z,/,QSO.OC __ &Ilny{~ __ {1 ... ~.~_._._. _____ . ____ . ____ ... _____ . _________ ... to/G/OB Slf;lIa{Ufc crC\.h:{};g AU1IH'rt!y 1).-\ I L '< IV (1) 0 III 0 " (Jl " "If suhjcct propcI·ty is \\ithill all 1.(0, it is dc\c1opcrs responsihility tu cited:. with the financc Dept. for paid/lin-paid staW,. (1) < t· Square footagc figlires al'c taken frolll Ihe King County Asscssor's map and al'e suhjecl to challge. (1) ~ Cun-cnt Ciq-SOC fcc dlaq;cs apply to ________________ _ ::l 0 EFFFCT£\T .blluary I. 21)(15 City of RAn Department of Planning / Building / Public IrkS EN VIRONMENTAL & DEVEL OPMENT APPLICA TION REVIEW SHEET REVIEWING DEPARTMENT: SVC-$, DATE CIRCULATED: OCTOBER 4,2005 APPLICANT: Robert West PROJECT MANAGER: Keri Weaver n PROJECT TITLE: Victoria Pointe Prelimina Plat PLAN REVIEW: Mike Dotson 'II I:: SITE AREA: 73,781 s uare feet BUILDING AREA ross: UTILITY SYSTEMS LOCATION: 3701 Wells Avenue N I WORK ORDER NO: 77482 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-lot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be' removed. The proposed lots range in size from 4,725 square feet to 7,134 square feet. Access to the project is proposed via a 42- foot wide extension of N 37th Street and a 20-foot wide easement to Lake Washington Blvd. The site may contain sensitive slopes. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aesthetics Water UJJhtlGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment to,OOOFeet 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 areas where additional information is needed to properly assess this proposal. . Signature of Director or Authorized Representative Date City of .on Department of Planning / Building / Public ""orks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW REVIEWING DEPARTMENT: ~ COMMENTS DUE: OCTOBER 18, 2005 APPLICATION NO: LUA05-115, PP, ECF DATE CIRCULATED: OCTOBER 4, 2005 APPLICANT: Robert West PROJECT MANAGER: Keri Weaver PROJECT TITLE: Victoria Pointe Preliminary Plat PLAN REVIEW: Mike Dotson SITE AREA: 73,781 square feet BUILDING AREA (gross): LOCATION: 3701 Wells Avenue N I WORK ORDER NO: 77482 SHEET SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-lot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be removed. The proposed lots range in size from 4,725 square feet to 7,134 square feet. Access to the project is proposed via a 42~ foot wide extension of N 37th Street and a 20-foot wide easement to Lake Washington Blvd. The site may contain sensitive slopes .. 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 UghtIGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet CUf~ '-m~ ~ /nu/yJ~c/~~ puq~~aI~4, B. POi.!CY-RELA TED COMMENTS C~ CODE-RELATED COMMENTS We have reviewed this application with parti utar attention to those areas in which we have expertise and have identified areas of probable impact or areas whe/J additional information is n 0 properly assess tho proposal. Date ' A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS "It is anticipated that the proposed development would generate future residents that would utilize existing City park and recreation facilities and programs. The City has adopted a Parks Mitigation Fee of $530.76 per each new single family lot to address these potential impacts." '~ . City of Reoton Department of Planning / Building / Public As ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: {!.(Q(y:;!lrfrLlcJiI0n COMMENTS DUE: OCTOBER 18, 2005 APPLICATION NO: LUA05-115, PP, ECF DATE CIRCULATED: OCTOBER 4,2005 APPLICANT: Robert West PROJECT MANAGER: Keri Weaver PROJECT TITLE: Victoria Pointe Preliminary Plat PLAN REVIEW: Mike Dotson SITE AREA: 73,781 square feet BUILDING AREA (gross): LOCATION: 3701 Wells Avenue N I WORK ORDER NO: 77482 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-lot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be removed. The proposed lots range in size from 4,725 square feet to 7,134 square feet. Access to the project is proposed via a 42- foot wide extension of N 37th Street and a 20-foot wide easement to Lake Washington Blvd. The site may contain sensitive slopes. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor· Major . Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aesthetics Water LiahtlGlare Plants Recreation LancVShoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources PreseNation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. We have reviewed this ?pplication with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wh additional informatio is needed to properly assess this proposal. ..j \ DATE: TO: FROM: SUBJECT: MITIGATION ITEMS: FIRE DEPARTMENT MEMORANDUM October 4, 2005 Keri Weaver, Senior Planner J ames Gray, Assistant Fire Marsha1f\ j ~ Victoria Point Preliminary Plat, 3\{~1 Wells Ave N l. A fire mitigation fee of $488.00 is required for all new single-family structures. FIRE CODE REQUIREMENTS: 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single- family structures. If the building square footage exceeds 3600 square feet in area, the minimum fite flow increases to a minimum of 1500 GPM and requires two hydrants within 300 feet of the structure. 2. Fire department access roads are required to be paved, 20 feet wide. 3. Street addresses shall be visible from a public street. 6. Street shall be posted" No Parking" per city street standards on the 20 wide portion. Please feel free to contact me if you have any questions. i:\ercplat.doc City of Renton Department of Planning / Building / Public Wolks ENVIRONMENTAL &-DEVELOPMENTAPPLICATION REVIEW SHEET --1".' , I REVIEWING DEPARTMENT: tire:, COMMENTS DUE: -OC t8$~8,~a5-' ... -....::::. ',-'j ' .. I 1rB~4R 4, 2.9.05-! i , , APPLICATION NO: LUA05-115, PP, ECF DATE CIRCULATED: OC -I --, -- !L ~.' Vl,! tt /' °l'} ,- APPLICANT: Robert West PROJECT MANAGER: K en eaver '--; I I PROJECT TITLE: Victoria Pointe Preliminary Plat PLAN REVIEW: Mike Dotson .. .,. . --~ ; SITE AREA: 73,781 square feet BUILDING AREA (Qross): i LOCATION: 3701 Wells Avenue N I WORK ORDER NO: 77482 SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-Iot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be removed. The proposed lots range in size from 4,725 square feet to 7,134 square feet. Access to the project is proposed via a 42- foot wide extension of N 37th Street and a 20-foot wide easement to Lake Washington Blvd. The site may contain sensitive slopes. 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 Earlh Housina Air Aesthetics Water UqhtlGlare Plants Recreation Land/Shoreline Use Utilities Animals TranstJOrlation Environmental Health Public Services Energy! Historic/Cultural Natural Resoun::es Preservation AitpOrl Environment to,OOOFeet 14,000 Feet B. POLICY-RELA TED COMMENTS C. with particular attention to those areas in which we have expertise and have identified areas of probable impactor isneeded to property assess this proposal. 0 ~ /" I~~j Date i I DATE: October 5, 2005' LAND USE NUMBER: LUA05-115, PP, ECF PROJECT NAME: Victoria Pointe Prel1mlnary ptat PROJECT DES'CRIPTJON: The appIlc8nt is requesting Environmental (SEPA) Review end Preliminary Plat approval for a 1 ()...Iot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be removed. The proposed lots range In size from 4,725 square feet to 7,134 square feet. Access to the project ts proposed via a 42-foot wide extension of N 37th Street and a 20-foot wide easement to lake Washlnglon Blvd. The site may conlain sensltMl slopes. PROJECT LOCATION: 3701 Wells Avenue N OPTIONAL DETERMINATION OF NON-5IGNIFICANCE, MITIGATED (DNS-M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the pr,?posed project. Therefore, as pennitted under the RCW 43.21C.110, the City of Renton is using the Optional ON5-M process to give noUce that a DNS- M is likely to be issued. Comment periods for the project and the proposed ON$-M are integrated Into a single comment period. There will be no comment period foOawing the issuance of the Threshofd Determination of Non-SigniflCance- Mitigated (DN5-M). A 14-day apl""'l period wUl follow the issuan"" of the DN5-M, PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPUCATlON: September 23, 2005 October 4, 2005 APPUCANTIPROJECT CONTACT PERSON; Robert West, HI point Development; Tel: (425) 922-5044 PermitsIReview Requested: Environmental (SEPA) Review, Preliminary Plat approval Other Permits which may be required: Con$tructlon, Building, .nd Fire Permits, <lind Final Plat Approval Requested Studle.: Geotechlnlcal Study and Drainage Report Location where application may be reviewed: Plannlng/Bulldlng/Publlc Works Department. Developmant Services DMslon. Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98055 PUBLIC HEARING: Public hearing ts tentatively !Mfheduled for December 13 2005 before the Renton Hearing Examiner In Renton Council Chambers. Hearings begin at 9:00 AM on the 7th floor of the new Renton City Hall located at 1055 South Grady Way. CONSISTENCY OVERVIEW: Zonlnglland U&e: Environmental Documents that EvalUate the Proposed Project Development Regulations Used For Project MItigation: The subject site Is designated Residential Single Family (R-S) on the City of Renton ComprehenSive Land Use Map and Rasidential-6 DweDlng Units per Acre (R'll) on the City's Zoning Map. Emlironmental (SEPA) Checklist The project will be subject to the CIty's SEPA Ordinance, Municipal Coda, KI County Surface Water Oesign Manual, State Environmental Policy Act. Pub WorI<s otandards, Unifonn SuDdlng Code, UnffoIID Fire Code, and oth applicable codes end regulaifons as appropriate. Proposed MItigation Measures; The following Mitigation Measures wHllikety be Imposed on the proposed project. These recommended Mltlgatlon Measures address pn;tjecf. impacts not covered by existing' codes and regulations as cited above. 1. The appl.Icant wfll be required to pay the appropriate Are Mitigation Fee ($488.00 per each new slngle- family residential lot). 2. The appll~nt will ba required to pay i;h. appropriate Transportation MItigation Fee ($717.75 per each ISlnglo-faml1y residential lot). 3. The applicant will be required to pay the appropriate Parks MItigation Fe. ($530.76 per each new single- family ruldentfallot). 4. The applicant shall follow the recommendations of the gootechnlcal engineering report and technil;al Information report for the construction of site Infrastructure (Including stonn 'miter now and water quality facilities). temporary erosion and sedimentation control facilitIes, slte preparation and grading, and fill iiUld foundation support. Comments on the above application must be submitted In wriUng to Kerl Weaver. Senior Planner, Developm~nt Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on October 20, 2005. This matter is abo tentatively Sl;hedulod for a public hearing on December 13, 2005, at 9:00 AM, Council Chambers, Seventh Floor. Renton City Hall, 1055 South Grady Way. Renton. If you are Interested In attending the hearing. please contact the Development ServIces DMslon to ensure that the hearing has not been rescheduled at (425) 430-7282. If comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comrnent$ on the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a partY of record and receive additional information by maD, please contact the proJect manager. Anyone who submits written comments wid automa.ticaDy become a party of record and will be notified of any decision on this project. CONTACT PERSON: Kerl Weaver, Senior Planner; Tel: (425) 430-7382 PLEASE INCLUDE THE PROJECT NUMBER WHEN CALUNG FOR PROPER FILE IDENTIFICATION If you would like to be made a party of record to receive further Inlonnaticn on this proposed project, complete this lonn and return to: City 01 Renton, Development Planning, 1055 So. Grady Way, Renton, WA 98055. NamelFile No.: Victoria Pointe Preliminary PlatlLUA05-115, PP, ECF NAME: MAILING ADDRESS: TELEPHONE NO.: CERTIFICATION I, O~k.· J6~~ were posted by me in L DATE: 10117-105 hereby certify that _~~·...'JL copies of the above document ~ .~ conspicuous places v£ nearby the described property on SIGNED:~eJ=I.8--'-'--t~~:o:::::~~' ___ _ A TIEST: Subscribed and sworn before me, a Notary Public, in and for the State of W ~luJ It .00 tho I~ -. ---:-1:Z::::! ~~'-I-~...!.X-_ NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 19, 2006 DATE: October 5. 2005 LAND USE NUMBER: LUA05-115. PP. ECF PROJECT NAME: Victoria Pointe Preliminary Plat PROJECT DESCRIPTION: The applicant Is requesting Envtronmental (SEPA) Review and Preliminary Plat approval for a 10-t0t preliminary plat in the Resldentiat-8 (R..a) single-family zoning designation. The site is 1.7 acres with: three existing residences to be removed. The proposed lots range In size from 4.725 square feet to 7.134 square feet. _ to the projec1 Is proposed via a 42·foot wide eldension of N 37th Street and a 20-foot wide easement to La~e I Washington Blvd. The site may contain sensitive slopes, ' PROJECT LOCATION: 3701 Wens Avenue N OPTIONAL DETERMINATION OF NON-5IGNIFICANCE. MmGATEO (ONS-M): As tho Load Agency. tho City of Renton has determined that slgntflcant environmental Impacts are unlikely to result from the proposed project Therefore, as permitted under the RCW 43.21 C.110, the City of Renton is using the OptionaJ DNS-M process to give notice that a DNS- M Is likety to be issued. Comment periods for, U1e pro}ect and the proposed ONS-M are integrated into a single comment period. There will be no comment period following the Issuance of the Threshold Detennination of Non·SignificanC$- Mitigated (ONS-M). A 14-day appeal period win follow the l .. uOnce of the DNS-M. PERMIT APPUCATION DATE: NOTICE OF COMPLETE APPUCATION: September 2~, 2005 October 4. 2005 . APPUCANTIPROJECT CONTACT PERSON: Robert Wo.~ HI Point Development; Tol: (425) 92Ni044 Permits/Review Requested: Environmental (SEPA) RevIew, Preliminary Plat approval O~Gf Permits whh;h may be required; Construction, Building, and Fire Permits, and Final Plat Approval Requested Studies: . Geotechlnlcal Study and Drainage Report LoeaUon where application may be ravlawad: PlannlngIBulldlngIPublic Work$: Department. Development Servfc:es DMston, Sixth Floor Re~" City Hall, 1055 South Grady Way, Renton, WA 98055 PUBUC HEARING: Public hearlngls tentativetv scheduled for December 13 2005 before the Renton Hearing Examiner in Renton CouflCiI Chambers. Hearings begin at 9:00 AM on tho 7th floor of the new Renton City Haliloceted at tOSS South Grady Way. CONSISTENCY OVERVIEW: ZonlnglLand Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project MItigation: The subject site is designated R.esidential Single Family (R·S) on the City of Renton Comprehensive Land Use Map and Residential-8 Dwelling Units per Acro (R-8) on the CIty's Zoning Map. Environmental (SEPA) Checklist Tho project will be subject to the City's SEPA Onlinance. Municipal Code. King County Surface Water D$$ign Manual. State Environmental Policy Act, Public Wanes standards. Unffonn Building Code, Unifonn Fire Code, and other applicable codas and regulations as appropriate. -+-------_ .. ~ Proposed MItigation Measures: The following Mitigation Moasvre. wm li~.ty be Imposed on the proposed project. These recommended Mitigation Measures address project Impacts not covered by existing codes and regulations as cited above. 1. The applicant wilt be required to pay the appropriate Fire Mitigation Fee ($488.00 per e • .;h new single· family nl1sldon1lallot). 2. The applIcant will be required to pay the appropriate Transportation Mitigation Fee ($717.75 per each alngle-famIiy resldentlallot). 3. The applicant will be requIred to pay the appropriate Parks MItigation Fee ($530.76 per each now slngle~ family ",sldontlallot). 4. The applicant shall follow the recommendations of the geotechnical engineering report and technical Infonnation report for the constru.;tlon of site Infrastructure (Ineludlng storm watef flow and water quality facilitlas). tamponuy erosion and sedimentation ~ntrol facilities. sIte preparation and grading, and fill and foundation support . Comments on the above application m"'st; be .ubmltted In wrlUng to Kerf Weaver, Senior Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on October 20, 2005. This matter Is also tentatively scheduled for a pub1ic hearing on OKomber 13, 2005. at 9:00 AM, Council Chambers. Seventh Floor, Renton City HaIl, 1055 South G~ Way. Renton. If you are interested in attending the hearing, please contact the Development Services Division to"ensure that the hearing has not been reschedufed at (425) 430·7282. If comments cannot be submitted in writing by the date indicated aboVe. you may sliD appear at the hearing and present your comments on the proposal before the Hearing EMminer. If you have questlon9 about this proposal. or wish to be made a pa~ of record and receive additional information by maD, please contact the project manager. Anyone who submits wntten comments wall automatically become ~ party of record and wD1 be notified of any decision on this project. CONTACT PERSON: Kerl Weaver, Senior Planner; Tel: (425) 430·7382 PLEASE INCLUDE TliE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENmFICATION If you would like to be made a party of record to receive further Information on this proposed project. complete this form and return to; City of Renton. Development Planning. 1055 So. Grady Way. Renton. WA 98055. Name/Ale No.: Victoria Pointe Preliminary PlatlLUA05-11s. PP. ECF NAME; MAILING ADDRESS; TELEPHONE NO.: CERTIFICATION A TrEST: Subscribed and sworn before me, a Notary Public, in and for the State of ,on the _b=--_day Of....l~=.:::::~~_r---!:::.:Jo_oS.::....· _ ... . ...• ·CBlYOEJ~ENtON .. ·CuRREI\rfplANNINGPI\lISION .. :?~~~ . . AFFIDAVBTOF SERVICE BY MAiUNG-.. . .;-".-... -.>~.:. On the 5th day of October, 2005, I deposited in the mails of the United States, a sealed envel~pe containing NOA, Environmental Checklist, & PMT's documents. This information was sent to: Agencies See Attached Surrounding Property Owners -NOA only See Attached (Signalure of Sender): ~ ~ 7' STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stacy Tucker sighed this instrument and acknowledged it to be hiS/her/their free and voluntary act for the u~es and purposes mentioned in the instrument. Dated: (0 {w (of' -----~-- Notary (Print): My appointment expires: Victoria pointe Preliminary Plat LUA05-115, PP, ECF - template -affidavit of service by mailing '\ ' ,~ 'If Dept. of Ecology· Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region· Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers * Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Jamey Taylor * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Servo Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt ) AGENCY (DOE) LETTER MA~L~NG (ERe DETERMiNATIONS) WDFW -Stewart Reinbold· Muckleshoot Indian Tribe Fisheries Dept. • c/O Department of Ecology Attn: Karen Walter or SEPA Reviewer 3190 160th Ave SE 39015 -172nd Avenue SE Bellevue, WA 98008 Auburn, WA 98092 Duwamish Tribal Office * Muckleshoot Cultural Resources Program * 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle, WA 98106-1514 39015172nd Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division * Office of Archaeology & Historic Environmental Planning Supervisor Preservation* Ms. Shirley Marroquin Attn: Stephanie Kramer 201 S. Jackson ST, MS KSC-NR-050 PO Box 48343 Seattle, WA 98104-3855 Olympia, WA 98504-8343 City of Newcastle City of Kent Attn: Mr. Micheal E. Nicholson Attn: Mr. Fred Satterstrom, AICP Director of Community Development Acting Community Dev. Director 13020 SE 72nd Place 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Puget Sound Energy City of Tukwila Municipal Liason Manager Steve Lancaster, Responsible Official Joe Jainga 6300 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Title Examiner 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA98124-4018 Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, PMT's, and the notice of application. * Also note, do not mail Jamey Taylor any of the notices she gets hers from the web. Only send her the ERC Determination paperwork. template -affidavit of service by mailing \ . ~, . 334270036802 AL TRINGER STEVEN BRENT FURRER RONALD S PO BOX 3557 SEATTLE WA 98124 334270044509 BLOOD J D & P L 3713 PARK AV N RENTON WA 98056 334270036604 COOK VIVIAN G 1018 N 36TH RENTON WA 98056 334270038808 FEROGLIA GARY A+WORTMAN SHA 1015 N 38TH ST RENTON WA 98056 334210309004 HASTINGS STANLEY D 1110 N 36TH RENTON WA 98055 334210308501 HUNTER KENNETH 0 1108 N 36TH RENTON WA 98056 362860001001 KIMIAI ALI REZA 1201 N 37TH ST RENTON WA 98056 334270038501 MARTIN FREDERICK L & SUSAN 1101 N 38TH ST RENTON WA 98056 362860002504 OKIYAMA ELAINE H 1103 N 37TH ST RENTON WA 98056 362860002009 RIGHI ANGELO M P+DORA LEE 1109 N 37TH ST RENTON, WA 98055 119050004009 ANDERSON MARY M 1133 N 38TH ST RENTON WA 98056 334270044004 BLOOD JAMES D+PERRI L 3713 PARK AV N RENTON WA 98056 334270044202 QIETSCH CHARLES C 3737 PARK AV N RENTON WA 98055 334270038006 HAMILTON EDITH M 3714 LAKE WASHINGTON BL N RENTON WA 98056 334270038204 HEINZEN CLAY A 3708 LAKE WASHINGTON BL N RENTON WA 98056 334210305507 IGO SANDRA L 1024 N 36TH ST RENTON WA 98056 334270038105 tJd-~~}~~ LE SELL SHIRLEY J as ~'-A 3708 LAKE WASHINGTON BL N O'S RENTON WA 98056 334270037008 MOSS PHYLLIS A SPELMAN SANDRA L 3632 LK WASH BL N RENTON WA 98056 362860001506 PORTER WILLIAM J 1115 N 37TH ST RENTON WA 98056 , 334270046108 ROBINSON LLOYD & SANDRA M' 3607 PARK AV N RENTON WA 98056 334210306000 ARAMAKI ALAN A 1030 N 36TH RENTON WA 98056 ' 334270036000 CONKLIN EMILY S 3608 LAKE WASHINGTON BL N RENTON WA 98056 119050003001 DRAGSETH R 1113 N 38TH ST RENTON WA 98055 362860004500 HANSON C L 1114 NO 37TH RENTON WA 98055 334270038709 HIEMSTRA SYBOUT PETRONELLA 3720 LK WASH BLV N RENTON WA 98056 334270036406 JACOBS GLORIA K 1012 N 36TH RENTON WA 98055 362860005002 MARTIN DAVID F+JAMIE L 1108 N 37TH RENTON WA 98056 ,334270038600 MOULIJN JOHAN P & GEERTRUDE 3726 LAKE WASH BL N RENTON WA 98056 334270038402 RANCOURT DEWEY A+LOIS A TT 3724 LAKE WASHINGTON BL N RENTON WA 98056 ' 334270036901 ROCHELLE SARAH J 3626 LK WASHINGTON BL N RENTON WA 98056 '~, . 3342103061'09 SEGUR JOYCE 1100 N 36TH RENTON WA 98056 334210303007 SMITH JEFFREY L+GWEN M 1004 N 36TH ST RENTON WA 98056 334270046207 THOMSON WALTER J 3604 WELLS N RENTON WA 98056 334270037107 SHAPLAND ROBIN N G 3627 WELLS AV N RENTON WA 98056 334270044400 SMITH MICHAEL E 3706 WELLS AV N RENTON WA 98056 119050004108 UNDSDERFER ROBERT L 1021 N 38TH ST RENTON WA 98056 '36~860005507 SHIMEK PAMELA S 1102 N 37TH ST RENTON WA 98056 362860004005 SUMMERS ROBERT N+CHERRY S 1202 N 37TH ST RENTON WA 98056 334210304500 VAUGHN LOWELL 1006 N 36TH ST RENTON WA 98056 NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) DATE: October 5, 2005 LAND USE NUMBER: LUA05-115, PP, ECF PRO~ECT NAME: Victoria Pointe Preliminary Plat PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 10-lot preliminary plat in the Residential-8 (R-8) single-family zoning designation. The site is 1.7 acres with three existing residences to be. removed. The proposed lots·range in size from 4,725 square feet to 7,134 square feet. Access to the project is proposed via a 42-foot wide extension of N 37th Street and a 20-foot wide easement to Lake Washington Blvd. The site may contain sensitive slopes. PROJECT LOCATION: 3701 Wells ,A,venue N OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M): As the Lead Agency, the City of Renton has determined that significant environmental impaCts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS-M process to give notice that a DNS- M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance- Mitigated (DNS-M). A 14-day appeal period will follow the Issuance of the DNS-M. . PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: September 23·, 2005 October 4, 2005 APPLICANT/PROJECT CONTACT PERSON: Robert West,Hi Point Development; Tel: (425) 922-5044 Permits/Review Requested: Environmental (SEPA) Review, Preliminary Plat approval Other Permits which may be required: Construction, Building, and Fire Permits, and Final Plat Approval Requested Studies: Geotechinical Study and Drainage Report Location where application may be reviewed: Planning/Building/Public Works Department, Development Services Division, Sixth Floor Ren.ton City Hall, 1055 South Grady Way, Renton, WA 98055 PUBLIC HEARING: Public hearing is tentatively scheduled for December 13. 2005 before the Renton Hearing Examiner in Renton Council Chambers. Hearings begin at 9:00 AM on the 7th floor of the new Renton City Hall located at 1055 South Grady Way. CONSISTENCY OVERVIEW: ~ Zonlng/Land·:Use:: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: The subject site is designated Residential Single Family (R-S) on the City of Renton Comprehensive Land Use Map and Residential - 8 Dwelling Units per Acre (R-8) on the City's Zoning Map. Environmental (SEPA) Checklist The project will be subject to the City's SEPA Ordinance, Municipal Code, King County Surface Water DeSign Manual, State Environmental Policy Act, Public Works standards, Uniform Building Code, Uniform Fire Code, and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as ci~ed above. 1. The applicant will be required to pay the appropriate Fire Mitigation Fee ($488.00 per each new single- family residential lot). . 2. The applicant will be required to pay the appropriate Transportation Mitigation Fee ($717.75 per each single-family residential lot). 3. The applicant will be required to pay the appropriate Parks Mitigation Fee ($530.76 per each new single- family residential lot). 4. The applicant shall follow the recommendations of the geotechnical engineering report and technical information report for the construction of site infrastructure (including storm water flow and water quality facilities), temporary erosion and sedimentation control facilities, site preparation and grading, and fill and foundation support. . Comments on the.aboyeappllcation must be submitted In writing to Keri Weaver, Senior Planner, Development SerVices Division, 1055 South Grady Way, Renton, WA 98055,.by 5:00 PM on October 20, 2005. This matter is also tentatively scheduled for a public hearing on December 13, 2005, at 9:00 AM, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. If you are interested in attending the hearing, please contact the Development Services Division to ensure that the hearing has not been rescheduled at (425) 430-7282. If comments cannot be submitted In writing by the date indicated above, you may still appear althe hearing and present your comments on the proposal before the Hearing Examiner. If you have questions about this proposal,. or wish to be made a party of. record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Keri Weaver, Senior Planner;Tel: (425) 430-7382 I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I I N--- ---------------- -I If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning, 1055 So. Grady Way, Renton, WA 98055. Name/File No.: Victoria Pointe Preliminary PlatlLUA05-115, PP, ECF NAME: MAILING ADDRESS: TELEPHONE NO.: C~TY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAIUNG On the 4th day of October, 2005, I deposited in the mails of the United States, a sealed envelope containing Acceptance letter documents. This information was sent to: Robert West Contact Steven Altringer Owner Ronald Furrer Owner (Signature of Sende }~~~~~i:;::;:.~d:J.~~:.dj~---_______ _ SS COUNTY OF KING I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. -/l /) L/ Dated: 10("(0:) aOVu~ ~ ~#~~~~~~\\'I. Notary Public in and for the State of Wisff1.· n ~\ ~ \ . -1 ~ :'~~OTARY ~~ '1J ~ Notary (Print): rf-t;I Y1Ct--fLVl /C. A ie"ICCLh..cU--r ~ : 0 .... 0--CJ): ~; $ t. l"u6t\C : -;. My appointment expires: .3-(tj' ~C>k ", Ql\ ~ •. :&.:: I ~ ". ,]-19~CS •. ' (f~ --'\\\~OFWf,S~~~· Victoria Pointe Preliminary Plat LUA05-115, PP, ECF ; .. " <CITY Kathy Keolker-Wheeler, Mayor Planning/BUildinglPublic Works Department Gregg Zimmerman P.E., Administrator October 4,' 2005 Robert West · Hi Point Development 3904 Park Avenue N . · Reriton; WA 98056 Subject: .... Vi¢toria Pointe Preliminary Plat LUA05'-.11"5, PP, ECF . . Dear Mr. W~st: . . . . . ."' . ~ The. Development' Planni"ng SectiOri.:ofthe City.of 'Relltb(l, has' deterITlined ttia~the subject application is complete according to'submittal requirement~ :arid, therefore; is accepted for:review.· . -. '...... .. . • ...• '. "'" '. .... .' .••.. ... It-is tEHltativelysCheduled'for considetation'bytfieEnvironmental Review·.committe.e on' November r!2()05~Priqr tothatreview,YOl,(Wm be:hotified" if, any additional info'rmation' is req~ired to continue p}ocessing y6ur'appli~~k)n~··. .', '.' " :.... . .. " ,',:," I~ ad(jjtion, this matter' is, tenta1iVEjJysch~uled"for:a t:;ublic Hearing on Dec~mbe'r 1~; 2005 ~it 9':00 AM,.tounciICham~er~; Seventt:l·Floor;.Hetiton City Hall, 1055 South, . , GradY Wily, Renton. Theapplicahr Or representative(s).of ,th~:' applicant are required' to:' be present at the public hearing;· A copy of the staft'reporf will. be mailed ·to you one . week before the hearing. ". . . . '. Please contact me at( 425) 430~7382 If .yoLihave· a~y qu~stions .. · Sincerely'" . ~ .. KeriWeaver Senior Planner'" cc: . '. Steven Altringer,Ronald Furrer I Owners':· . .:.'<: . ' '~: . . ", ------1-0-S-5 -So-. u-th-'-'G'-r-a-dy'-. w.-ay---R-e-n-to-n-, w.-a-s'-ht-.n-gt-o'-n-9-80"""S-S---'--,.----··· ~ .•.. . ". ® This papercon1ains 50% recycled rnah.nat, 30% ~~ . AHEAD OF THE CURVE , Kathy Keolker-Wheeler, Mayor October 4, 2005 , ,': Superintendent's Office R'enton School District #403 , 300SW 7th Street Renton, WA~805~2307 , Subject:, Victoria Pointe Preliminary Plat ,LUA05-115, PP,ECF CiTY ( :IF JREN1['ON PIanninglBuildinglPublic ~orks Department Gregg Zimmerman P.lE., Administrator The City of Renton' Development Services Division has received an application for' a 10·lot single,:,family s,ubdivision located at 3701 Wells 'Avenue N. ,Please see the enclosed Notice of 'Application for fu'rther details: ' ' , ' , ' , '-n order to, processthisapplication, the>Dev~lopment Ser'l(ices Division needs to know whit!l " Renton' schools would be attend~by' childre,.n 'liVIng in: residences' at the location indicated above. Please 'fill in theappropri~teschools', oottie list' below and return, this letter to my ,attention, Development Services Plvision;, City 'of A,enton, 1.055:. South ~rady Way, Renton, ' , 'Washington 98055 by October: 18, 2005.' " ", , . . . ElementarySchbol: ---''--~~-,.---C----'-~~,-;, ,:-"'" --,.-'-'-~" .:-' -,--~~_'..,.,.,--~_-'--___ --'-_---'-- '. .~. , .' .:-; ", '. High School: _:-'--'----:-----.:,--'---'-:--'---'--'----'-__ --:--~~----"-__'_'_-"'--" _" ;,,;,.: .. -'---'-----'-' ___ ----'_'---- " Will the' Sbhoolsybuhave indi~ted:beable to handle the irripa6t of :the additional students . estimated to come' from the pr()posed' develop~eht? " ' , • Yf3s' ' No ' .' .. ,Any Comments: _-,-----:----:-'--_'---"'--'-_-,..,-_'--,.'_'~ __ '--,.-'-:-~-,--_'_'_ _ ___,_'_-----'--__:_~ Thank youfor providing this important information. ,If you have any questions regarding this ,project, please contact me at (425) 430-7382. , , ,Sincerely, " '~""~""'" ~,"",'" "'. , ' , Keri W'eaver Senior Planner Ene!. ------l-O-'-SS-So-u-th-G-r-a-dy..-' W-"'-ay-."-R-e-:-ut-o'-'n,-W-a-s-hi-ngt-on-9:-g0-'-S-S--' ,----'-...,--~ '* ~ papercon1ains 50""; recycled material. 30% pOstconsu~ . AHEAD OF THE C.uRVE August 31, 2005 Development Services Division 1055 S. Grady W~y Renton, W A 98055 Dear Sirs, I am writing to you to express some concerns regarding a new development project that is, or will soon be, under construction. The specific project I wish to address is the Victoria Point project located on Lake Washington Boulevard in the Kennydale neighborhood. I would greatly appreciate it if your division could take the time to address my concerns so that we can minimize the environmental, financial, and quality of life issues that may arise as a result of this 10 home development project. My first issue is the use of an easement that contains a driveway leading onto Lake Washington. The easement is a single lane driveway an4 it is owned and used by three families. When I saw the preliminary plans for this development, I saw indications that at least five of the homes planned on using this easement for access to their garages. This is totally unacceptable because this easement is not large enough to support additional traffic ~q the -use of the easement is in conflict with the current ownership. Adding extra users to this easement would cause undue noise, risk and dust for the families that currently own the driveway. I hope that when you review the final plans, you keep in mind the terms of this easement. Also related to the easement situation is the need for emergency vehicles to be able to access the driveway from the top of the hill. Fire engines and other large emergency vehicles cannot make a right turn into the driveway because of the steep bank. Consequently, they must access our property from the higher elevation which atIords an eaSier turn in. I want assurance that the Victoria Point development plan will leave this access path open. My third concern is about the trees that surround or are on the Victoria Point property. These trees add considerable beauty to the neighborhood and they provide a measure of privacy. More importantly they stabilize the soil and prevent mud from sliding into our property. I would like to see all of the trees stay. Ifnot, I would like some assurance that the Victoria Point project includes landscaping plans which will ensure both privacy and a stable environment. -Related to this, I am very concerned about Victoria Point's plans to minimize and control surface water runoff. Because the buildings that were constructed on Park Avenue a few years ago were built with no regard to the runoff impact, we currently have problems controlling surface water runoff. I wantsome assurance that the new project will provide adequate drainage and that my back yard will not become a cesspool for rain water and other water that will drain from the Victoria Point yards and driveways. I have a major concern with the traffic flow on Lake Washington. Given the projected growth at Port Quendell and the new development being planned for the Boeing Plant, I am truly hard pressed to understand how Lake Washington Boulevard is going to h3ndle all of the traffic. Even with today's traffic load it is virtually impossible to turn left on to Lake Washington during the morning rush hour. When 1-405 becomes backed up, Lake Washington Boulevard becomes the alternate route and we become captives in our own driveway. Do we really need another 10 residences in this area? My final concern and perhaps my most important one is that I need to understand what is being done by the city of Renton to protect the rights of existing residents. If someone walked into my house and took a $100,000 out of my safe, they would be arrested.· But if someone comes along and throws up a high density housing development which eliminates my view and my privacy thereby lowering the value of my home by about $100,000, I apparently have no means to recover that loss. This does not seem right to me. Thank you again for addressing these issues. If there is a public review of this development project, I would like to be informed as to where and when that meeting will be held. Please contact me at the following: Sincerely, Sandra Spelman 3632 Lake Washington Blvd. N Renton, W A 98056 425-226-2267 SANSPEL@aol.com I~J Sandra L. Spelman /...UAD.5 -II S- City of Renton' LAND, USE PERMIT MASTE·R .APPLICATION . . . '" . . , . .. . paOPERTY OWNER(S) PROjECT INFORMATION NAME: oS'!£-J/ E' ¥ ,8, /11--1 If /IV 6 c:e f' . fl>tJlY/lL'l> So r-UI?Il..E R. . ADDRESS: ..!J '70/ k/£LLs ,4t/£/J/ . PROJECT OR DEVELOPMENT NAME: /I; 'e. TCJ /? //1 /iJ)fi/IE .. . ' CITY: /j'£/YftJ/V tt//1 ZIP: 9.J'CJ5'6 . .. PROJECT/ADDRESS(S)JLOCATION AND ZIP CODE: ..371)/ alF£LS ApG /J/ . '.' . J 10;1. LK UlI1'>ll C!iv-p IJ/ . . . . . . .3 "gS tJ( w/?:slf ~U/) ~.8r#;f iI# ?f.t15'~ TELEPHONE NUMBER: dltJ(;' ,R'7R-478''l' APPLICANT (if other than owner) . '. '. KING COUNTY ASSESSOR'S ACCOUNT NUMaER(S): . . :3 3 J.f,:; 11J --C) 51 '? 1:>-C) :z" ....fJ.3 &Y'.2 70 -6 d{.S -C).t, .:3 3¥~f~ -O.3.?~-O / ~,14,iitJ-/J3 'lS-LJ3 NAME: 1f't,8E/e-j-E j~E$1 EXISTING LAND USE(S): .' . • $/ivGL£ rA-m I'J. 1/ ifIFs; 1>£/1/-1 /r; ~ .-. . t/' COMPANY (if~plicable): /1/' /6//z/'/-'Z>EJ/t:-LO,P/!I6 : PROPOSED LAND USE(S): . . . 0" /1Y6 L£ rl"fn1 /L y/f EJ /.l>,E"4dr ~.L ADDRESS:.g9 tJ9 I??,eK /It/E ,y .'. , , EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: /f'-9S/~G/.E.rAm/Ly' ,fES/.i>E/VI'/~~ .' . .' CITY: /j' £#/eJ/}/ /VA' . ZIP: 9ft15t.· , tELEPHON~NUMBER ~fI§ .922-·tTtJ4l/ .. : PROPOSEDCOMPREHENS'IVE PLAN,MAP DESIGNATION (if applicable): 1f-c1 $;~6L~, r/I~1 y' . '. . . 'CS/ Eff.. / Z- -', ': EXISTING ZONING: /l~9 CONTACT PERSON PROPOSED ZONING (if appliCable): £-.$' NAME: fl'o8E~r Jt/£ST SITE AREA' (in square feet):?'#, 791· SZ' Fr SQUARE FOOTAGE OFPUBUC·ROADWAYS TO BE . COMPANY (if applicable): . /1/ /b/;y'/ j)Et/EL t1'P#lF/Y1" DEDICATED: /~/~ (/)() 5q.r+. SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 4;3tt. $9.,' Ft: . ..J tl tJ fI' ~A/i' K /h/E -1/ PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: 1?£4/:hIY IY4 ZIP: CJb::f'C- ACRE (if ap~licable): '/. 7 NUMBER OF PROPOSED LOTS (if applicable): I/) TELEPHONE NUMBER AND E-MAIL ADDRESS: ~:?§' 17.2:/-5t!J 47" NUMBER OF NEW DWELLING UNITS (it applicable): 7 Q:weblpw/devserv/formslplanninglmasterapp.doc 07129/05 ~"'AOJECT INFORMATION (CO'nUed) ~--~--------------------------------~ r----~--------~---~~----------~cu~~~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: 1!1'1'tf'IX ""31 &tJ,()j t)tJCJ .- J SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 2. <j()O sZ.F1-. ro ¥tJtKJ S, Ft SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAI,N (if applicable): (j ,IS THE SITE LOCATED IN ANY TYPE OF ENVIHONMENTALL Y CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): .IVa SQUARE FOOTAGE OF PROPOSED NON·RESIDENTIAl BUILDINGS (if applicable): . IV l,q . . SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TOHEMAIN (if applicable): IV 1,4 . NET FLOOR AREAOF NON-RESIDENTIAL BUILDINGS (if applicabl(!): IV/A,.· . NUMBEROF EMPL. OYEES TO BE EMP~9YED BYTHE NEW PROJECT(if.appli~ble}: ;1///1 . o AQUIFER PROTECTION AREA ONE o AQUIFEAPROTECTION AREA lWO o FLOOD HAZARD·AREA o GEOLOGIC HAZARD o HABITAT CONSERVATION o SHORELINE STREAMS AND LAKES o WETLANDS . LEGAL DESCRIPTION OF PROPERTY .-B--sq. ft. £r sq. ft. -IJ)-sq. ft. -&-sq. ft. -+ sq. ft. (Attach leg~ld~scriptionoliseparate s~eet w.ith the ,following inf.ormation inclLidEKi) SITUATEJN THESW%I;f{W if4 QUARTEROFSECTION~~ , TOWNSHIPbl-Y,' RANGE5E, INTHE CITY. OF RENTON, KING COUNTY, WASHINGTON.. . .. . .. . TYPE OF APPLICATION & FEES· List all land use applications being applied for: ..•. 1. j.JLIIII" ('to Lot "totAL) p,..U,{m., PlPvtt'klrJ(j 2. '-E::nvirch1~ !2w1'W·V1S7Jl) 4. Staff will,calc~late·appiicable fees and. jx>stage.:$ t.f77J1) ... AFFIDAVIT OF OWNERSHIP I, (Print Name/s~tEJ/EIV /I./IL t~;H~EI! f &ufta s. FUR It e,t. ,'d.eclare that I ani (please chSck on~) / the current owner of .the property involved in this application or _. __ ._. the authorized representative to act foracorporatioo (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects' true and correct to the best of my knowledge and belief. kJJ I certify that I know or have satisfactorY. evidenCe that . ~~ signed this instrUment and. acknowledged it to be hislherltheir free and voluntary actfor the ~ uses and purposes mentioned.," theinstrUmenl . ~. ~\&... (Signature of OwnerlRepresentati ). . (Signature of Owner/Representative) N~~ (Print) q~ \\mw d6 My appointment expires: Q .... \ ",...'};O 01 Q: weblpw/devserv/formslplanninglmasterapp.doc 2 01129105 { ,- LEGAL DESCRIPTION -VICTORIA POINTE All of Lot 80 and a Portion of Lot 79, Hillman's Lake Washington Garden of Eden . Addition to Seattle No.2, Volume 11 of Plats, Page 64, Records of King County, Washington. . SW 1;4, NW Y4, Section 32, Township 24 North, Range 5 East, W. M. King County Washington · ." '" PRE-APPLICATION COMMENTS V, ~k,t-;'-Z' PROJECT: .~ Point Preliminary Pi at Extension of 37th Street between WeUsAvenue and Lake Washington Blvd PRE 04-141 DATE: December 16, 2004 @ 9:00am STAFF COMMENTS: fiRE PREVENTION -Jim Gray PUBLIC WORKSfUTILITIES -Mike Dotson CONSTRUCTION SERVICES -Larry Meckling- NO COMMENT, Bldg. Permits required ECONOMIC DEVELOPMENT (EDNSP) -Don Erickson PLANNING/ZONING -Nancy Well SUPPLEMENTAL INFORMATION: ZONING MAP S][TEARIAL SUBMiTTAL WAVIER FORM ; ... ' , " CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM DATE: December 2, 2Q04 TO: Nancy Weil, Planner FROM: Jim Gray, Assistant Fire MarShalJ1f SUBJECT: Nicole's Pointe Plat, Wells Ave. N& N 37th St. Fire Department Comments: 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 structure. 2. A fire mitigation fee of $488.00 is required for all new single-family structures. 3. Fire Department access roadways require a minimum 20 Foot paved roadway. 4. All building addresses shall be visible from the public street Please feel free to contact me if you have any questions. · .,' To: From: Date: Subject: CITY OF RENTON MEMO PUBLIC WORKS Nancy Wei I Mike Dotson.#-• December 15, 2004 PreApplication Review Comments PREAPP No. 04-141-Nicole's Pointe Plat NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN THiS REPORT: The following conunents on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant. The applicant is cautioned that information contained in this sununary may be subject to modification and/or concurrence by official decision makers (e.g. Hearing Examiner, Boards of Adjustment, Board of Public Works and City Council). Review conunents may also need to be revised based on site planning and other design changes required by the City or made by the applicant. , . . -. I have reviewed the preliminary application for this plat, located between Lake Washington Blvd ili . and Wells Ave North, at North 37 Street. WATER 1. There is an existing 6-inch water main in the vicinity of the proj ect. There is also a 8-inch water main in Lake Washington Blvd. N. 2. The existing fire flow available in this vicinity is approximately 700 gpm. Static water pressure is approximately 80 psi. 3. There does not appear to be enough fire flow or hydrants in the vicinity to meet the fire protection requirements for this project. 4. The proposed project is located in the 320-water pressure zone and is outside the Aquifer Protection Zone. 5. If fire sprinkler systems are necessary, then a separate fire sprinkler permit will be required. 6. City Code requires a System Development Charge (SDC) for new development. The SDC fee for Water is $1,525 per new Single-family home. SANITARY SEWER 1. There is an existing 8-inch sewer main through a portion of the project. 2. There are sewer stubs to the existing lots. See attached side-sewer cards. Side sewers that are not re-used will need to be cut and capped under separate permit. 3. No dual side sewers are allowed. Side sewer shall be a minimum 6" diameter at 2% slope. 4. A Sewer System Development Charge of $900 for each new Single-family home. PieApplication-Review COnnDl ) PREAJ>.P No. ()4-141~_-Nicole's Pointe Pla\ ), 1211512004Page 2 , SURFACE WATER i. The-project lies within the LakeWashingtpn Drainage basin, 2. There 'is an existing stonn drainage pipe in Lake WashIngton Blvd. NE. , 3 . "A s~onn'andsurface water: drainage plan a~dreport (per ~the 1990, King 'County Sw:race Water Design Manual; see the 1 core requirements) i'srequired for design of new surface water systePlS. 4. 'Surface Water Development Charges are $715 pernew single family home. STREET IMPROVEMENTS, ~ ,<. -. • -, • 1. Per Ci~ of Renton code, proj~cts thatar~ greater than two residential lots in size are' requi~ed to install half pavement width per standards. The project-also requires installing , curb, gutter, stonn drainage, sidewalks, street signs, and streetlights along the frontage of _ theparcelbeingdeve~ope4 (including Lak;e Washin~onBlvd N, and Wells ~ye N.). - 2. transportation Mitigatiol1 fees are $75 per additionalgeneratedtnpgenerated~ These fees shall be assessed per new ~ingle family home~ata rat~ of 9.57 trips. , 3. ,Ail wire utilities sheil! be installed imderground per' the City: of Renton Under-grounding " , Ordinance. ' If three or more poles are required to be moved by the dtwelopmentdesign,aU ,existing overhead utilities shall be placed underground. ' . GENERAL COMMENTS 1. ,Pe~it application will requln;d'separate plan submittals for all proposed utility, draimlge' , and street' improvements. Plans are required to be prepared by a licerised Civil, Engineer according to City of Renton drafting standards. 2. Permit application must also include an estimated cost of construction for water,sewer and _, roadway/drainage improvements (please see pemrit application available at the 6th floor Customer Service Counter). ' Separate permits for water meters, and side sewers are required. And a separate utility permit to cut and cap existing utilities to existing structures on site will be required as part of the demolition permit. ~ 3. The cost estimate will be u$ed to calculate the fee(s) due for review andinspection'ofthe -' utility improvements. (For your infonnation, fees are calculated on the following basis: 5% of the first $100,000 of the estimated construction costs; 04% of the amoimt between $100,000 and $200,000~ and 3% of anything over$200,000. Half the fee must be paid upon '.penni~:application.), ' ' " 4. The applicant is responsible for securing any private utilitY easements. ~ ,. DATE: TO: FROM: CITY OF RENTON P~afl1li1lRng/BlUlildling/PlUlblDc Works MEMORANDUM December 169, 2004 ~ Pre-Application File No. 04-141 Nancy Weil, Senior Planner, (425) 430-7270 SUBJECT: Nicole's Pointe Preliminary Plat General: We have completed a preliminary review of the pre-application for the above-referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton. by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification andlor concurrence by official-decision-makers (e.g., Hearing Examiner, Zoning Administrator, Board of Adjustment, Board of, Public Works, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $55.00 plus tax, from the Finance Division on the first floor of City Hall or the City website at www.ci.renton.wa.us THIS PROJECT IS SUBJECT TO NEW CITY CODE ADOPTED NOVEMBER 10, 2004 Project Proposal: The four-parcel site is located between Lake Washington Blvd and Wells Ave. off of N 3ih St. The proposal is to further subdivide the 73,781 square foot site into 10 single-family lots. Three existing home are proposed to be removed as part on the plat. A 42-foot public street is proposed off Wells Ave to access the lots with a 20-foot wide fire and shared driveway to extend to the west. Zoning/DensitY Requirements: The subject property is located within the Residential - 8 dwelling units per acre (R-8) zoning designation. The density range required in the R-8 zone would be a minimum of 4.0 to a maximum of 8.0 dwelling units per acre (dulac). The method of calculating net denSity has been revised in the new code and is as follows: A calculation of the number of housing units and/or lots that would be allowed on a property after critical areas and public rights-of-way and legally recorded private access easements are subtracted from the gross area (gross acres minus streets and critical areas multiplied by allowable housing units per acre). Required critical area buffers arid public and private alleys shall not be subtracted from gross acres for the purpose of net density calculations. The applicant provided a proposed density of 7.7 dulac, which is within the allowed range of the R-8 zone. All square footages of areas to be deducted (private access easement, public roads) must be provided at the time of formal land use application. Development Standards: The R-8 zone permits one residential structurelunit per lot. Detached accessory structures are permitted at a maximum number of two per lot at 720 square feet each, or one per lot at 1,000 square feet in size. . Minimum Lot Size, Width and Depth -The minimum lot size that would permitted in the R-8 zone is 4,500 sq. ft. for parcels greater than 1 gross acre and 5,000 sq. ft. for parcels less than 1 acre-gross. The site is greater than one (1) acre-gross; therefore, a lot size of 4,500 sq, ft; would be required. A minimum lot width of 50 feet for interior lots and 60 feet for corner lots, as well as a minimum lot depth of 65 feet, is also required. Nicole's Pointe Preliminary Plat December 16, 2004 -Application Meeting Page 2 of4 Land area included, in private access easements must not be included in lot area calculations. Please provide both the gross and net square footage of each lot at the time of formal land use application.' For the formal land use application. all lots must be fully dimensioned to determine compliance. Building Standards -The R-8 zone would allow a maximum building coverage of 35% of the lot area or 2.500 square feet. whichever is greater for lots 5,000 square feet in size or greater. Lots less than 5,000 square feet in size would permit a maximum building coverage of 50%,of the lot area. ~ Building height is restricted to 30 feet and two stories. Detached accessory structures must remain below a height of 15 feet and one-story with a gross floor area that is less than the primary structure. Accessory structures are also included in building lot coverage calculations. ' Square footages of buildings to remain, if any, must be provided at the time of formal land use application. Also, any buildings that are to be removed/demolished must obtain a demolition permit and be removed and inspected prior to recording the fjnal plat. Setbacks -Setbacks are the minimum distance required between the building footprint and the property line or private access easement. The required setbacks are 15 ft. for the primary structure and 20 ft. for attached garages accessed from the front yard in the front, 20 ft. in the rear and 5 ft. on interior side yards. The side yards along a street setback is 15 ft. for the primary structure and 20 ft. for the attached garages.which access from the side yard along a street. The drawing submitted appears to meet setbacks. All setbacks are to be shown on the formal land use application plat plan submittal, but must be removed prior to final plat recording. Access/Parking: Access is proposed with an extension of N 37th Street, west of Wells Ave with a fire and private shared driveway extending to Lake Washington Blvd. to provide secondary emergency access. The proposed 42-foot wide public right-of-way will require a Street Modification as 50-foot is the standard width required by code. The request should be included 'in the Land Use Application for consideration or may be requested prior to formal application. Each lot is required to accommodate off street parking for a minimum of two vehicles per lot. In addition, appropriate shared maintenance and access agreemenUeasements will be required between lots with shared access. Private streets are allowed for access to six or less lots, with no more than 4 of the lots not abutting a public right-of-way. The street is to include a minimum easement width of 26 feet with 20 feet of paving. Private driveways may serve a maximum of two lots and must have a minimum easement width of 20 feet with 12 feet of paving. , Addresses of lots along private streets/driveways are to be visible from the public street by provision of a sign stating all house numbers and is to be located at the intersection of the private street and the public street. The proposed residential street would need to comply with the City's street standards, which requires a minimum right-of-way width of 42 feet. Required street improvements include 32 feet of paving, 5-foot , sidewalks, curb, gutter and street lighting. Driveway Grades: The maximum driveway slopes can not exceed fifteen percent (15%), provided that driveways exceeding eight percent (8%) are to provide slotted drains at the lower end of the driveway. If the grade exceeds 15%, a variance from the Board of Adjustment is required. Landscaping and Open Space: For plats abutting non-arterial public streets, the minimum off-site landscaping is a five (5 ft.) wide irrigated or drought resistant landscape strip provided that if there is additional undeveloped right-of-way in excess of 5 ft., this also must be landscaped. For plats abutting principal, minor or collector arterials, the width increases to 10 ft. unless otherwise determined by the reviewing official during the subdivision process. Tree requirements for plats include at least two (2) trees of a City approved species with a' minimum caliper of 1 1/2 inches per tree must be planted in the front yard or planting strip of every lot prior to building occupancy. Nicole's Pointe Preliminary Plat December 16, 2004 rApplication Meeting Page 3 of4 Critical Areas: According to the project information and City's records, the site may contain areas defined as "Sensitive" slopes (ranging from 20% to 40% in slope) and Moderate Landslide Hazard. Geologic Hazards -Sensitive slopes have grades from 25% to 40%. Specific standards apply for development located within sensitive slopes and landslide hazard areas. Protected slopes are defined as topographical features that slope in excess of 40% and have a vertical rise of 15 feet or more. Development is prohibited on protected slopes, please see RMC 4-3-050J for additional information. As required by the City's Critical Areas Regulations,a slope delineation indicating the location of steep slopes will be required as part of the formal land use application. Pursuant to the Renton Municipal Code (RMC 4-3-050J) tne applicant will be required to obtain a geotechnical report stamped and signed from a Geotechnical Engineer stating that the site is suitable for development and addresses soils, geology and other key elements. In addition, the report will need to address any special construction requirements deemed necessaryby the Geotechnical Engineer. Through the preliminary plat review process, the City may condition the approval of the development in order to require mitigation of any potential hazards based on the results of the study. In addition, pursuant to RMC section 4-3-050.J.3, the geotechnical report submitted with the application may be required to undergo independent secondary review by a qualified specialist selected by the City at the applicant's expense. Environmental Review: The project would require SEPA review due to the number of lots of the proposed plat (greater than four dwelling units). The proposal would be brought to the Environmental Review Committee for review, as it is their charge to make threshold determinations for environmental checklists. Typically, mitigation of impacts is accomplished through fees related to issues such as transportation, fire and parks as well as measures to reduce impacts to environmental elements such as soils, streams, water, etc .. Permit Requirements: The project would require Preliminary Plat and Environmental (SEPA) Review. The review of these applications would be processed concurrently within an estimated time frame of 12 to 16 weeks. After the required notification period, the Environmental Review Committee would issue a Threshold Determination for the project. When the required two-week appeal period is completed, the project would go before the Hearing Examiner for a recommendation to the City Council on the Preliminary Plat. The Hearing Examiner's recommendation would be subject to two-week appeal periods. ( /The application fee would be $2,000 for the Preliminary Plat and % of full fee for SEPA Review (Environmental Checklist) which is dependent on project value: less than $100,000 is $200 (1/2 of \ $400~00 full fee) and project value over $100,000 is a $500.00 fee (1/2 of $1000.00 full fee) plus first ) class postage per mailing label required for notification to surrounding property owners within 300 feet of ! the site. Estimated fees for the land use applications would be $2,500.00 plus postage. "'\ J The applicant will be required to install a public information sign on the property. Detailed information { regarding the land use application submittal requirements is provided in the attached handouts. ,- Once Preliminary Plat approval is obtained, the applicant must complete the required improvements and dedications, as well as satisfy any conditions of the preliminary approval before submitting for Final Plat review. The Final Plat process also requires City Council approval. Once final approval is received, the . plat may be recorded. The newly created lots may only be sold after the plat has been recorded. Fees: In addition to the applicable building and construction permit fees, the following mitigation fees would be required prior to the recording of the plat. Credit for the existing residence may be given. II> A Transportation Mitigation Fee based on $75 per each new average daily trip attributable . to the project; II> A Parks Mitigation Fee based on $530.76 per new single family residence; and, e A Fire Mitigation Fee based on $488 per new single-family residence. A handout listing all of the City's Development related fees is included in the packet for your review. Consistency with the Comprehensive Plan: The existing development is located within the Residential Single Family (RSF) Comprehensive Plan Land Use designation., The following proposed policies arE:! applicable to the proposal: Nicole's Pointe Preliminary Plat December 16, 2004 -Application Meeting Page4of4 Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per net acre in Residential Single Family neighborhoods. Policy LU-149. Lot size should exclude private sidewalks, easements, private'road, and driveway easements, except alley easements. Policy LU-1S0. Required setbacks should exclude public or private legal access areas, established through or to a lot, and parking areas. policy LU-1S4. InterPret development standards to support new plats and infill' project designs incorporating street locations, lot configurations. and building envelops that address privacy and quality of life for existing residents. Community Design Element Policy CD-16. During land division, al/ lots should front on streets or parks. Discourage single-tier lots with rear yards backing onto a street. Policy CD-17. Development should be designed to result in a high quality development as a primary goal, rather than. to maximize density as a first consideration. Additional Comments: In advance of submitting the full application package, applicants are strongly encouraged to bring in one copy of each application material for a pre-screening to the customer service counter to help ensure that the application is complete prior to making all copies. cc: Jennifer Henning CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: TO: FROM: STAFF CONTACT: SUBJECT: December 14,2004 NancyWeil r2J1v Rebecca Lind Don Erickson Nicole's Pointe Plat, North 37th Street between Lake Washington Blvd. and Wells Avenue N; PRE 04-141 Su.mmary: The applicant is proposing a 10-10t subdivision of what would be the extension of . North 3th Street between Wells Avenue North and Lake Washington Blvd in the Kennydale neighborhood. The applicant would combine four existing parcels into a site of 73,781 square feet. The estimated net density after subtracting out roads and access drives is 7.7 units per net acre. The site is designated Residential Single Family (RS) on the Comprehensive Plan Land Use Map and zoned R-8, eight units per net acre. Relevant Comprehensive Plan policies are attached. Below is a Comprehensive Plan Policies Compliance Matrix showing the relative level of compliance of this proposed new subdivision with the identified relevant policies recently adopted by City Council. Community Design Element Findings: Whereas this proposal appears to comply with Policies LU-147, 148, 149 and 150 it is impossible to tell whether it complies with Policy LU-154 since the applicant has not submitted materials showing the location of surrounding structures. Similarly, the applicant has provided Nicole's Pointe Plat, Nonn '-37 .reet 2 1211412004 no information regarding their development and whether architecturally it will be reflective of the existing character of the neighborhood. In terms of community design the applicant similarly has not provided necessary information. As a result, it is not possible to ascertain whether Policies CD-13 and CD-I7 have been complied with either. At the very least the applicant should be required submit typical elevations of proposed structures at the time of their P,Teliminary submittal. Staff also note that in lieu of a 20-foot wide fire access road with no sidewalk on the north. side, it would be preferable to have N 37th Street continue as a half street in front of LOts 5, 6, and 7. This would ensure a sidewalk, curbs, gutter and street lighting for all lots in this proposed subdivision. Recommendation: Support this pre-application on the condition that the applicant be required to submit· typical elevations indicating exterior detailing and fmishes for future housing so that staff can determine whether relevant land use and community design policies are being complied with and that half- street improvements rather than a 20-foot wide access drive serve Lots 5, 6, and 7. Attachment cc: Don Erickson H:\EDNSP\Interdepartmental\Development Review\Preapps\Comments\Residential Single Family\Nicole's Point 10 Lot Platdoc\cor . Nicole's Pointe Plat, Nort.._ -' . treet 12/14/2004 Relevant Comprehensive Plan Land Use Policies Residential Single Family Designation Policy LU-147. Net development densities shouldfall within a range of 4.0 to 8.0 dwelling units per net acre in Residential Single Family neighborhoods. Policy LU-148. A minimum lot size of5,000 square feet should be allowed on in-fill parcels of less than one acre (43,560 sq.ft.) in single-family lfesignations. Allow a reduction in lot size to 4,500 square feet on parcels greater than one acre to create an incentivefor aggregation of land. The minimum lot size is not intended to set the standard for density in the designation, but to provide flexibility in subdivision/plat design and facilitate development within the allowed density range. PoliCy LU-149. Lot size should excludeprivate sidewalks, easements, private road, and driveway easements, except alley easements. Policy LU-150. Required setbacks should exclude public or private legal access areas, established through or to a lot, and parking areas. Policy LU-154. Interpret development standards to support new plats and infill project designs incorporating street locations, lot configurations, and building envelopes that address privacy and quality of life for existing residents. Community Design Element 3 Policy CD-13. Infill development should be reflective of the existing character of established neighborhoods even when designed using different architectural styles, and/or responding to more urban setbacks, height or lot requirements. Infill development should draw on elements of existing development such as placement of structures, vegetation, and location of entries and walkways to reflect the site planning and scale of existing areas. Policy CD-16. During land division, all lots should front on streets or parks. -Discourage single-tier lots with rear yards backing onto a street. . Policy CD-17. Development should be designed to result in a high quality development as a primary goal, rather than to maximize density as a first consideration. H:\EONSP\Interdepartmental\Development Review\Preapps\Corrunents\Residential Single Family\Nicole's Point 10 Lot Plat.doc\cor G '. •• r"'-"ELOPMENT SERVICES DIVISION ), WA~VER (;u~ SUBMITTAL REQU~RENbICNTS FOR LAND USE APPLICATIONS Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND :3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1. Property Services Section PROJECT NAME: --<-.M-'-J./c....::J?fz ...... y,,,,-L..::/ ct~_fOi~[;;..:...1...!...-'7~"-"·e-"---__ _ 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section DATE: -----!:..tq /'--q..!:-j.;;--=O:;.-=:5::::....--__ _ ~ 7 Q:\WEB\Pw\DEVSERv\Forrns\Planning\waiver.xls 07/29/2005 DEVELOPMENT SERVICES DIVIS! WAIVER OF SUBMITIAl REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section ·3. Building Section 4. Development Planning Section Q;\WEB\Pw\OEVSERV\Forms\Planning\waiver.xls PROJECT NAME: \.I;'c.lor /0. < r Of hie DATE: ----L.f.Cf/---'-Cf+-,/.I.L.>ih...:::...----- ~. .,... . 07/29/2005 DENSITY WORKSHEET City of Ren~on Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1.· 7~. 7 f? ( square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets·· Private access easements" Critical Areas· Total excluded area: 3. Subtract· line 2 from line 1 for net area: 4. Divide Jine3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: J ~'oo square feet 11 =t 00 square feet ____ . square feet 2.l Z OOD square feet 3.... • ...•• £"ti., .78 ( . sqoare feet . > 4. : t.30;' acres 5. 10 unitsnots 6. Divide lineS by line 4 for net density: 6. z. 7 = dwelling units/acre *ClI"itDcal Areas are defined as "Areas determined by the City to be not ~Lllitable for development and which are subject to the City's Critical Areas iRegulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas blUlffers are not deducted/excluded. -Alleys (public or private) do not have to be excluded. Q:\WEB\PW\DEVSERV\Fonns\Planningldensity.doc Last updated: 1110812004 1 Date To the Honorable Mayor and Members of the City Council City of Renton Circulated By: i?t98c:t2 i _ *51 1055 S. Grady Way Renton, W A 98055 Address: .19tJ ¥ ?/heK /}i/E IV' Dear Mayor and Council Members: Telephone: !/:< S 9.:l.J -§ tJ4¥ We, the undersigned property owners abutting a certain portion of public easement, as acquired from L. /l. o:Jt,h'ES dated PeB. /, 19'7lJ· ,and recorded under King County Recording Number {; t ktl 91::2-J , respectfully request the release of said easement. That portion of the easement area to be released being more particularly described on the attached "Exhibit A". The undersigned each consent to such proposed easement release and warrants that the . . granting thereof will not adversely affect his vested rights as an abutting owner. '" --. ~~ si~ature . ".' 2. (p- signature Si~~.IA\-tr\~ f>q~,C41B9 print name -. . phone 310\UJqAs~Al Fw~~~ address print name phone address propertY identification number. property identification number Instructions: 1. Attach complete legal description (i.e. metes and bounds, etc.) 2. a) Sign name. (Signatures of owners of 2/3 oflineal frontage must sign. Spouses do not need to sign. Owners in common must sign. Contract sellers must sign.) b). Print name and phone number. c) List Property address and King County tax. parcel identification number. 3. Attach a map to the petition designating the vacation boundaries. . 4. Submit $100.00 filing fee with application. SUBMIT PETITION TO THE CITY CLERK, SEVENTH FLOOR, RENTON CITY HALL. If and when the City Council approves the vacation at a public hearing, payment of a post- hearing processing fee of $ 100.00 will be required . . H:\forms\esm _ rd.DOTtl99 signlture ' ~.wr SI/,1.P.G~j) printname ~--~-]738 phone g6:2-7 ~S frVk tV. address ~N/ e-v/f.. 98~ .. 33~.270 .-c>g~l-07' signature print name phone address E~~~~~~i~~~~!~~~ _______________ ~~~~~~~~~c~~o~~':.~~r_~ ________ _ signature signature print name phone print name phone address address property identification number property identification nwnber ----------------------~~------~---------------------------_. signature signature print name phone _ print name phone address address 1I:\(orms\esmJel.DOTI199 EXHIBIT A LEGAL DESCRIPTION -VICTORIA POINTE All afLot 80 and a Portion of Lot 79, Hillman's Lake Washington Garden of Eden Addition to Seattle No.2, Volume 11 of Plats, Page 64, Records of King County, Washington. . SW ¥.t, NW y..~ Section 32. Township 24 North, Rimge 5 East, W. M King County Washington· . ,. H:\forms\esm _ rel.DOT 1/99 Exhibit A Legal Description \ ... ).. ) Map Exhibit " H;\forms\esmJd.DOTIJ99 -','.. . Title IX Public, Ways and Property " CHAPTER I' , RELEASE OF EASEMENTS SECTION:' , 9-1-1:' Method Of Releasing Easements , ' .. 9-1-2: Petition For Release,FilingFee, Signatures, Title Report 9-1-3: Referral Of Petition, Easement Granted Or Retained 9~14: Easement Classifications 9:-1-5: Easement Release Process , 9-1-6: Property Released, Copy Of Ordinance. Filed 9-1-7: CompenSation From Released Easement , 9-1-1 METHOD OF RELEASING EASEMENTS: It is the intention of the City Coimcilto establish a unified method of releasing easements which have . been abandon~and are no longer needed,by the City. ". '. 9'-1-2 PETITION FOR RELEASE, FILING FEE, SIGNATuRES, TITLE REPORT: , , , A TheoWllers of an' interest m any real estate OVer which an easement exists within' the City may petition the City Council for the release of the easement or anypaIt thereof. Jbepetition shall be,on aform., prescribed by the City, shal~contain a full and correct description of the property sought to be released and shall be signed by the owners of more than tw<>::thirds (213) of the property affected by said easement. ' ,,' B. Upon the filing of the petition with the City Clerk the petit19nmg oWners shallsinniltaneously pay,an ., ,,' ~ easement filing fee, specified in Section4-1 ~ 19, to compensate the City foradIDiniSt.-ative costs and experise in processing, checking and handling such application. This fee may be waived by Council.' , action. (Amd.Ord. 4723, 5-11-98) , '. ' " '. , .' , , C Sufficiency of Signature: For the purpose of deterfuinmg the sufficiency of signatures of'.'ownerS of private property" on the petition, thefollowing,rules shaUgovem: , , 1. TAe signature ofan oWner, as deterininedbythe CoUnty Assessor'shall be sufficient without the signature of his or her spouse.' , 2: In the case of mortgaged proPerty or 'property s1,lbject to «a contract of purchase, the signature of the mortgagor or the contract vendee, as the case maybe, shall be sufficient. ' , , 3. In the caSe of ownership by a corporation, the signature of any officer authorized by the by-laws or , resolution of the board of directors of the corporation shall be sufficient when evidenced by an excerPt of , ", , ,theby~laws or resolution certified' by the secretary of the corporation, granting such authority., , " , , 4. ~n 'the case of property owned by the estate of a d~derit orincompetent, the signature of the duly qualified personal representative or guardian shall be equiv;tlentto the signature of the oWner of the ' property. , , D:In the case where the "owner of interest" C3nnotbe determined; a current title report may be required· to be fumish,ed' by the' applicant, ~qheapplicant's expense., " : ' , " , " 9-1-3 ,REFERRAL OF PETITION, EA~EMENTGRANTEDOR RETAINED: , , A. The City Council shall refer the petition to the aPpr9priate Coun2il committee and seek the ',' " recommendation of the City Department responsible-for conti-ol, maIntenance an<iuse of the easeIfieI!tas"'; , to the advisability of the proposed easement release, arid the classification of said easement pursuant to ." , Section 9-1-4 of this Chapter. '.' , '" " " . ,. , ", , , " B.Upon recommendation of the responsible DepartmentAdministratorlDirector and Council committee, . , ~e Council shall determine whether the proposal shouldtregranted, thedassificationofthe eaSement, and the compensation to be paid (if any); in llccordance with Section 9-1-5 ofthis Chapter., , , c. The Cityfurther reserves the right to retain the eaSement for the construction, repair and maintenanCe: . of public utilities and public services. ' . ., " ' ,. " " 9" 1':'4 EASEMENTCLASSIFICA TIONS~: " " , , For the 'purpose of this Chapter, aU easements with in the City. are hereby declared to'be within one of ' three (3) classes: ' , , " CLASS A: All City easements acquired at monetary cost to the City or easements acquired at no monetary cost to the City, but for which expenditures of funds have been made in the improvement or maintenance of same. CLASS B: All City easements for which no public funds have been expended in the acquisition, improvement or maintenance of same or easements originally dedicated or otherWise conveyed to the City by the present petitioner for the release of said easement for which no public expenditures have been made in the acquisition, improvement or maintenance thereof. CLASS C: Same conditions as Class B except there is evidence that the property owners could have substantial monetary gain from release of the easement. 9-1-5 EASEMENT RELEASE PROCESS: A; If the petition for easement release is approved by the City Council the applicant may complete the easement release process as follows: - 1. This applicant shall pay an easement release processing fee in an amount as set forth in Section 4-1-" 19D to defray the remaining administrative costs of processing and completing the proposed easement release. This fee may be waived by Council action. (Ord. 4723,5-11-98) 2. In the event of the release of an easement classified as Class A or Class C, the City shall receive compensation which amount for the purposes of this Chapter is to be determined by an appraisal provided by the applicant; provided, that the City Council shall have authority, upon recommendation of the administration; to accept real property of equal value in lieu of cash compensation where tJ.le value of the easement to be released is not more than the value of the real property to be acquired by such exchange. " 3. The applicant shall make or cause to be made, an appraisal in writing by a M.AJ. or other qualified appraiser, as approved by the City, and furnish the results thereof unto the Department " AdministratorlDirector for evaluation and recommendation to the City Council for acceptance and detemiination of the compensation due the City. The cost of the appraisal shall be borne by the applicant. The compensation thus determined shall then be paid unto the City Clerk. The ordinance releasing such easement shall not be enacted until such payment has been made. 4. In the event of a release of easement classification as Class B, the City shall receive no further compensation other than the easement release processing fee to defray administrative costs of the easement release. 5. When an easement is released for a governmental agency, and compensation is required, compensation shall be based upon the administrative costs of the release and may, at the discretion of the City Council, be based upon original cost to the City of acquisition. 6. In the event that the compensation for the release has not been paid within ninety (90) days of the determination by the City Council of the compensation to be paid, the petiti(>fl shaH be deemed to have been abandoned and shall be denied. 9-1-6 PROPERTY RELEASED, COPY OF ORDINANCE FILED: Upon"the release of an easement as hereinabove provided for, the property within the limits so released shall be attached to the property from which it was acquired. If the City Council ascertains and determines that the acquisition of the easement by the City occurred in some proportion other than equally from ownerships, the Council shall set forth in its decision the proportions so established and the released eaSement shall be conveyed to the owners in such proportions. A certified copy of the ordinance releasing any such easement or part thereof shall be filed for record with the King County Recorder's office. Additional copies thereof may be furnished to such governmental agencies as may have an interest therein. 9-1-7 COMPENSATION FROM RELEASED EASEMENT: -Compensation received from the released easement shall be placed in the street fund or utility fund whichever is appropriate unless otherwise provided by the City Council. (Ord. 3857, 10-22-84) " "' August 17, 2005 TO.: City of Renton, Development Services Division Renton City Hall, J055 Grady Way Renton. WA. 98055 Attn. Laureen Nicolay, AICP Senior Planner From: Robert West,President Hi-Point L.L.C. 3904 Park Ave. N. Renton WA. 98056 Re. Victoria Pointe Plat On behalf of Steven B Altringer and Ronald S. Furrer, Hi-PointL.L.C. hereby makes application to the City of Renton to Plat ten view lots, over looking Lake Washington, in the Kennydale area of Renton. The property is located at 3701 Wells Ave. N. (the legal description is included in our submittal package and is made a part of this application).· The subject property and the surrounding properties are zoned R-8, or eight single family residential units per acre. The subject property contains 73,781 sq. ft .. After subtracting 17,000 sq. ft. for a dedicated 42 ft. wide public street and a 20 ft. wide private fire access and common drive easement (see proposed plat map) the proposed ten lots would calculate to 7.7 . residential· lots per acre .. A map of the proposed plat accompames and is made a part of this application.. There is an existing 15 ft. utility easement running east and west and located in the south half of the proposed public street. A city sanitary sewer main exists within the confines of the easement. We propose to incorporate the easement into the street and dedicate it to the City of Renton . . There is also a 10 ft. utility easement located along the east line of the proposed lot 8. This easement has no current use and is highly unlikely to have any future use. We therefor ask that this easement be vacated. The existence of this easement would severely limit the possibilities of siting a home on this lot. oW-proposal entails accessing lots 1,2,3,4,8,9 and 10 from the 42 ft. wide public street. Lots 5 and 6 would be accessed from the common drive We would like to maintain flexibility by having the option to access lot 7 from either the common drive or Lake Washington Blvd .. At the request of the City of Renton Fire Department the west. end of the fire access and common drive will be gated., making N37th Street off Park Ave. North the entrance to the Development. A Home Owners Association will be formedto facilitate the collection offees for mailltaining the common drive and fire access and other common areas. The property is currently the site of three older homes. Their economic value is considerably less than th~ economic value of the property on which they are located. A · demolition permit will be required for us to tear down the existing buildings. There are seven beetle infested Fir trees, three Fruit trees, three unhealthy Maple trees (approximately two feet in diameter), and approximately 10,000 sq. ft. of wild Black Berry bushes that will have to be removed. . Several Residents of the neighborhood have requested that we do so. The trees, shrubs, bushes and lawns that will be planted within the landscaping schemes of the new homes will offset the loss of this flora. The topography of the site slopes from the high elevation of 110ft. at the. south east comer of the property to the low elevation of 50 ft. at the north west comer. (see accompanying Topographi9al Survey) This computes to an average grade differential of approximately 12 per cent. We do not anticipate that any structural fill will be required. · Some soil may be removed from the site when excavations for the foundations of the new homes commences . . The Soils are classified be the U. S. Soil Conservation Service as '"Alderwood Gravelly Sandy Loam. (A copy of the Soils Classification, its definition and its properties are included in our submittal package). There are no wetlands, critical or protected steep slopes, or environmental sensitive areas, on site. We know of no history of unstable soils in the vicinity. Due to the characteristics of the soil, the topography, and the existing ground cover, we, do not anticipate problems with soil erosion during construction or after. We will minimize the potential of erosion during construction with the use of silt fencing, baled and loose straw, and hydro seeding if necessary. The ten lots being created will vary in size from 4725 sq. ft. to 7134 sq. ft. The homes that will be constructed of the lots will range in size from 2800 sq. ft. to 4000 sq. ft. of livable area on two levels. The building envelope including garage and covered decks will contain an average of approximately 2600 sq. ft. which calculates to about 42% of impervious surfaces. . The height of the two story homes will not exceed the thirty feet, as measured from average existing grade, that is allowable by your code. The lots will be served by public utilities, including electricity, gas, water, sewer, telephone, and cable T. V .. All utilities are currently available to the site and will be · brought on site under ground at our expense. Providers of the utilities ate as follows: Sewer, Water, and Storm Drainage: City of Renton. ~ .. ' , Electricity and Gas: Puget Sound Energy. Phone: Qwest. Cable T. V.: Comeast Cable A conceptual schematic of all utilities in addition to a public street and private fire access easement and drainage plan is provided by our engineer, ICON Engineering, and is made a part of this application. Street lighting will be provided in accordance with City of Renton Code requirements and Specifications. As stated previously these Upper End View homes will range in size from 2,800 sq. ft. to 4,000 sq. ft ... We anticipate that they will range in price from $ 700,000 to $950,000. Basedon these numbers the total project value would be approximately $8,5000,000. It is our intent to apply for a demolition permit immediately after receiving preliminary plat approval, so that we may commence tearing down the existing structures. We will begin construction of the infra structure, street and utilities, as soon as the hearing process is completed, our engineered drawings are approved and pennits issued by the City of Renton. We are hopeful that this process can be compl~ted sometime in late October of early November of 2005. .. We estimate a time frame of sixty to ninety days, depending on weather-conditions and the schedules of our sub contractors, to complete the infra structure and begin construction of the homes. Completion of the homes should occur six months to a year from commencement of construction. If this time frame can be adhered to the new homes should be ready for occupancy between September of 2006 and March of2007. We will use our best efforts to control dust and erosion with the use of spriDklers when necessary, weighted tarps and straw, both loose and baled, and silt fencing. .. . We are confidant that this project will be an assetto the City of Renton in general and to the Kennydale area in particular. It will increase the housing options and availability in . the area, it complies with zoning regulations and conforms to the "in fill" policy adopted by the city. It will also contribute substantially to the city's tax base. We wish to thank the City Staff for their time, assistance, and cooperation, and hope that our proposal will be met with a favorable resolution. Thank you for your consideration. RespeC~ly i' :. r1 _ /J I&~JV- Robert West, President Ill-POINT Development ) Sept. 21,2005 ' To; N~il Watts, Director Development 'Services Division , City (}fRenton 1055 S. Grady Way , RentonWA: From;' Robert West, President Hl';'Poininevelopment c < 3904 Park Ave.N. RentoriW A.' - , , . - Re. Street width right 'ofWa~ Modification for Victoria Pointe Plat. Dear Neil, ) lam cUrrently in,th~ process of making applicati~il to the City of Renton fora. 10 lot subdivlsionthat will be located inthe north weSt quadrant of Wells Ave. N.Ma North 37th St. in the Kennydale area of Renton. The ,proposed name of the' subdivision is " Victoria Pointe. , A Part of our plan is to dedicate 300 lineal fe.et of property to the city for the extension of .• " North 37th St. We ask that the Width of the rightof way dedication be modified to 42 feet. :r see that such modification is pennittedby yourCode .• < Thank you for your consideration. -!(~~-I/~ , Robert weSt, President < Hi-Point Development -' ~ . ,F, DEVELOPMENT SERVICES D~VISION ENVIRONMENTAL CHECKLIST City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be, done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: You must answer each question accurately and carefully, to the best of your knowledge. In most cases, --you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different par~ls of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. ,- USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAl SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions oli policies, plans and programs), the references in the checklist to the words "project," "a-pplicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. ' Q:\WEB\PW\DEVSERV\Forms\Planning\envchlst.doc08/29/03 A. BACKGROUND 1. Name of proposed project, if applicable: file. f 0 I?r'A'Fb IIVT£ 2. Name of applicant: "faaEer /1{-st 3. Address and phone number of applicant and contact person: ..39oJj /'l;Rk Ar£ IV .!j£/YTCJ/y /1//1 '7J'tJ56 ·PhonE.' 4,1S Y2:{ -5/).</~ 4. Date checklist prepared: g-.;(:l-05 5. Agency requesting checklist: C!/Iy of /T£AI.,{,.-v ZJEj/ELtJP/J1£/YT SERYI'ec-5 6. Proposed timing or schedule'(including phasing, if applicable): ,4'pp~q)(. 6 /f1tPR'i//5F/?oN( .J.)A-TE OF tJ/7 /)~,PtPtJY4LS 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes~ explain. !VO' ~ ,;,iif 8. List any environmental information you know about that has been prepared, or will be prepared,. directly related to this proposal. IIItJ IV E 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. ,///'tJ 10. List any governmental approvals or permits that will be needed for your proposal, if known. (!./ft O~ ;flFl2lfbh" ,lJ-f1pR~ vALS 11. Give brief, complete deScription of your proposal, including the proposed uses and the size of the project and site. / (;) Lcrf Su~ l)/J/I'u5JlJtY POI? S/IY6LE r4m/L/ /fesiDEIY'r-,',.oJL LtJrS, Q:\WEB\PW\DEVSERV\Forms\Plarming\envchlst.doc 2 ". .' /" .... '" 12. ) Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range Of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, Vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat,§lIin~hilly, steep slopes, mountainous, . other . b. What is the steepest slope on the site (approximate percent slope?) C1ute/f'£IVrLy 61;), % -t:d/LL 8£ G /fnPEJ> //) Rff SLopED 6ttlflD£ OF 1;;1 ~ c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, . muck)? if you know the classification of agricultural soils, specify them and note any r-- prime farmland. ~L.4S5;'F;'£L) $y tiS, f&IYS£Ry,tl1iPIVS~/CJ//~E" ffS /f /lLlJE/f woo../> G/?ITI/E~-L/ S,tlIY.J)y L&>Affl " d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. A/' . IY () , e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fiJI. /flYf;'!.. /r'rJf£ /I/o FI'LL f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. ;::PSS;''&/'J.-if-y c>F S~IY1G" £RoS/IO~. we-w,'/..': /V)//I/;miZ£ ,otrfFlVh~L <J F &"~O$t'tH"": W ITjI U ~E OF ..:5,IL T FE/yd,tv:G I Sf-ffrlW /fn"[) l-tyD~o SE£DI',vti //A</J //ll{if/l/.-LlI-hp!y OF<5EPI/'HE4/I-~Pff]). g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? L/.;; % h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Si/...t F£lYtZ /!V6 / ..tJ;:}LE.l) A-/VD Lops€" Sl-te/fW hlyD/PO,Se,-Eblh'G /F #'EC_ES$,4R)" Q:\WEB\PW\DEVSERWoims\Planning\envchlst.doc 3 ".t'.t 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. b. ,.$6/YtE ;qul-o • iFM/S·:;'/Of'fS. fJEJeAll}P5 St>mE .2Jpsf ])aRlnlG dOl'rsf I'lue r/tJIY. Are there any off-site sources of emission or odor-that may affect your proposal? If so, generally describe. rfe; c. Proposed measures to reduce or control emissions or other impacts to air, if any: SfJtfl/Y/(L~;e.s ,,/yp JA/lJfE/?//Yb ~p e&lJIr-fJ6j lJasl. 3. WATER a. Surface Water: 1) 2) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and, provide names. If appropriate, state what stream or river it flows into. Nt> Will the project require any work over; in, or adjacent to (within 2DO feet) the described waters? If yes, please describe and attach availabl~ plans. II/II 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. tYtJAiE 4) Will the proposal require surface water withdrawals or diversions? Give general deScription, purpose, and approximate quantities if known. tVo 5) Does the proposal lie within a 1 DO-year flood plain? If so, note location on the site plan. rVo 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. /lIo Q:\WEB\PW\DEVSERV\Fonns\Planning\envchlst.doc 4 ) b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. A1'4 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for· example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. . tVo c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into ' other waters, Ifso, describe·.sfCJR1Y7 £,Ii /1-1 ct<!.. tt/lZL ti£ (J.(!)LLC=<1.fFb ; IV (!Jll-c /I tl /I S ilY S /fl]'" lJ sip /i' c-:/) ;' f1/ 7'71#£1:5 2) Could waste material enter ground or surface waters? Iho, generally describe. /II'/? Proposed measures to. reduce or control surface, ground, and runoff water impacts, if any: #/fIrl? OU-I'1/'/Y( T£l ell!? ,4c#/£ vel) WIT-II (!../l-h:..iI L!/ls!'trs/ 'IA-tY 1(6' Il-Iz/./) CJ;'L <6'£ /J /lR /I~o~s ... ·4~ PLANTS a. Check or circle types of vegetation found on the site: __ deciduous tree: alder, maple, aspen, other -L evergreen tree: fir, cedar, pine, other -L shrubs -1:L grass __ pasture __ crop or grain __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eel grass, miltoil, other -L.. other types of vegetation IJL/1Ck6'E,R~y .8RR/J1CiES b. What kind and amount of vegetation will be removed or altered? /0 dEEfL;: /ffI='E~/El> -rREES /I/Y"tJ /Jp,be~K'. /~(}otJ S" PI: (JF WiLl) .ALIJCk'I!lE~A!. /£5 c. List threatened or endangered species known to be on or near the site. /Y'OffE WE KlYp 1// ~ t: d. Proposed landscaping, use of native -plants, or other measures to preserve or enhance vegetation on the site, if any: ...3-1-,'(££r //l FE: ~L,4,.yI-/"y65 I /JI/'/'/ftJ'(, ,.2.0 CI!J/JI'/U /J7 /lPLES Q:\WEB\PW\DEVSERV\Fonns\Planning\envchlst.doc 5 ( 5. ANIMALS a. Circle any birds and animals.which nave been observed on or near the site or are known to be on or near the site: Birds: hawk, heron,~ songbirds, other __ -:-:-_-:--___ _ Mammals: deer, bear, elk, beaver, other S(JuJ,f€L 5 Fish: bass, salmon, trout, herring, shellfish, other _____ _ b. List any threatened or endangered species known to be on or near the site~ Ifb /j/ £ WE k /tI' t1 p/ () t: c. Is the site part of a migration route? If so, explain Ill!) d. Proposed measures to preserve or enhance wildlife, if any: /0lJ"e 6. ENERGY AND NATURAL RESOURCES a. ,~'- What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. ELt:cf...r/c, ///rltl-fl';:ItL GAS; PE~#lTl'g Seine-S't;LIfI'e b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. IYa c. What kinds of energy conservation features are included in the plans of this' proposal? List other proposed measures to reduce or control energy impacts, if any: ., t itVsuLAf-If)Aj rf.!E/Uno..l'l9f11E W/nt])tJttJs, /}jJlP EIYERGY £Ff:/c,,£lv A p pt,' ItfYt!e 5 ._ 7. ENVIRONMENTAL HEALTH a. Are there any environmental-health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. ;/0 1) Describe special emergency services that might be required. F"/?E fi-m8a.t/tr;'(1G I 2) Proposed measures to reduce or control environmental health hazards, if any: N/4 Q:\WEB\PW\DEVSERV\Forms\Planning\envchlst.rloc 6 .. ~ I. b. Noise 1) 2) What types and levels of· noise would be created by or associated with the roject on a sh~rt-term or a long-~erm basis (for example(~ffiC) ~!@i>~peratio~.J other)? Indicate what hours nOIse would come from the s~'7 /Thl r [) fR jR IJ1 :ZJ?t IE> ,. tV G (16h' .s·h~ ucf/olV 3) Proposed measures to, reduce or control noise impacts, if any: !Yo!Y£' 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? b . Sitr61..E F/lmiLY RE5/l)E/Yf;'/1L Has the site been used for agriculture? If so, describe. dtJ c. Describe any strUctures on the site . ..3 tJ L I> ER /I~ hlE.5 d. Will any structures be demolished? If so, what? Y£S -J (JLl)£e .h"cmfS e. What is the current zoning classifi~tion of the site? /?-g f. What is the current comprehensive plan designation of the site? .Stir-GtE F/-1m'1. y /j'£51/)Eh/77/rL g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as an "environmentally sensitive" area? If so,. specify. .. t! 0 i. Approximately how many people would reside or work in the completed project? ..35 Q:\WEB\PW\DEVSERV\Fonns\Planning\envcblst.doc 7 j. Approximately how many people would the completed project displace? 1/ k. Proposed measures to avoid or reduce displacement impacts, if any: #OtY'E I. Proposed measures to ensure the proposal is compatible with existing and projected land uses ~nd plans: if any: {! om ~J.-f ttl/flit (l/fy 0/= If'E..rft,/Y' (!6mp/lE //E/Y.st'J/ E ~L/JIY Aft/./) Z£>/"I"/ffG Ot2 /); /Y f.J1Yt!-E" 9. HOUSING " " - a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. / L) #/6# l/YtZO/l'7c /!/>mE.5 b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. .3 LoW r?' /11 /./)DLE /IJI {tomE #t:Jmc.5 c. Proposed measures to reduce or control housing impacts, if any: IJ/~/Y'£ AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. .35 F-r .8/i/a/(-i-//}IfO,Y ~LR/Y.f" -C!o/"f,ot:Js/r/tft/Y" /Ptf)OF/ffG b. What views in the immediate vicinitywould be altered or obstructed? 0c.>/I1G V/EJ.t/$ OF L/lkE l~s#//l'GI&/V c. Proposed measures to reduce or control aesthetic impacts, if any: G;f/1/)lffG L?'f..s /ffro r/EIPS Aty7J .s JIlGGER /#6 /$a t'L.tJi'n-G ElY'" £L tJ 'pES 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? .5-rIf£E-r £1'6"#7S .-, P"fIf!//y6 HpttRS OF ZJ-4If'/(/t'YESS b. Could light or glare from the finished project be a safety hazard or interfere with views? !YO Q:\WEB\PW\DEVSERV\Forms\Planning\envchlst.doc 8 12. c. d. ) What existing off-site sources of light or glare may affect your proposal? /YIJ;r£ Proposed measures to reduce or control light and glare impacts, if any: /YIJ/Yt£ RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? . L,;9/('E RV/lG////YGIz}/y/ fE/yff/,ZJ/lLE ,6lE/lC!-/I /'/lffK R#'.J) GEI'Y'£ C:p{£LtYY" ~/9/f'K . b. Would the proposed project displace any existing recreational uses? If so, describe. 1("0 c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to b~ provided by the project or applicant, if any: JJ.&PELo/?/J1?IV/ W/L.L /JAy //J1/'/le.f PEESi-o (!/'l O,c If'E/J/m/V / /Y f"IIE /1/l1tJtI#-/ &F -# .5.3t!JtJ, O~ 13. HISTORIC AND CULTURAL PRESERVATION. a. Are there any places or. objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. lYo - b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. IJ/~ c. Proposed measures to reduce or control impacts, if any: IYtJ/f'£ 14. TRANSPORTATION a~ Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. fJ;(!'o.PcRfjl r() BE ,4 ee ESSe/> Fte()tr1 IV J 7 fH St-/f£E-r b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? IYo -/J,P,Plfo;(. C; S,t.tJt! k'S -j-(} /f/'E,QIfE5t- IJ?ntY6/1 SrojJ /Iff£> 8 I3L()eA~S ro ~1'1/?k 4/YfJ 1P/z>E c. How many parking spaces would the completed project have? How many would the project eliminate? IJ !V£f i~{!j(EIf5E 01= /l/'/'4~x. :20 S,PIl(!ES Q:\WEB\PW\DEVSERV\Fonns\Planning\envchlst_doc 9 d. Will the proposal require any new roads or streets, or improve.ments to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? YES e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. !Va f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. /lPP4'tlX. 70 /I/,t;"/4/7/?/Pt5 f?EIf' JJ;9-y -/E..91f' lrI~u,q.5 71M'! to 911ff{ /flY../) 5' PM To {, :30 P/t1 g. Proposed measures to reduce or control transportation impacts, if any: NodE 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. lJ/oRm;?L /m,oAt:!. -f 0 F l' #&qSE /fpLl)S b. Proposed measu'res to reduce or control direct impacts on public services, if any. ;V&!Y'£ 16. . UTILITIES a. Circle utilities curren available at the site~~se serv~ ~h~ am ry sewe , septic system, other:--- b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed . .5Ek/E"f (' aJ/f.fE~,' e /fy () F /?E/Yf~/V' £lE(! rqif! /--If t;! Gil> ! 'Pt.{ G E+ SOU IVP EI)I-£/CE/t. Y 'P1'IfJ/rE! Owcsf- e.t4tJLEt LllIleRIYEf-: {!t'J71C'~.st- C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: ~J?/~ Name Printed: &tJE~T l¥esf - Date: Q:\WEB\PW\DEVSERV\Fonns\Planning\envchlst.doc 10 ) HOMEOWNERS ASSOCIATION BY-LAWS AND RESTRICTIVE COVENANTS For lots contained within the Victoria Pointe Plat located in the north west quadrant of Wells Ave. North and North 37th St. City of Renton, as legally described in Exhibit A 1. Formation: The Declarant sh~l cause to be formed with the recording of this Declaration, or in a reasonable time thereafter, a nonprofit corporation under the laws of the State of Washington known as Victoria Pointe Homeowners Association, whose objects and purposes shall be the furtherance and promotion of the community welfare of the members, including the regulation, use, care, construction, operation, r~pair. maintenance and preservation of the common area and the protection and benefit of its members and their property in said development as the Homeowners Association shall determine and asprovide4 by its Articles ofIncorporation and Bylaws, and ·any rules and regulations adopted pursuant thereto. 2. Grantees Acceptance: The grantee of any lot subject to these Declarations by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase thereof, whether from the DeClarant or from a subsequent oWner of such lot, shall accept such a deed or contract upon and subject to each and all of these declaratiol!S and the agreement contained herein, and by himself, his heirs, personal representatives, successors and assigns, covenant, consent, and agree to and with the Declarant, and to and with the Grantees and subsequent owners of each of the lots within the Development, to keep, comply with and perfonn said declarations and agreements. Each gr~tee agrees to be bound by the Articles of Incorporation and Bylaws, and the rules and regulations herein~ pursuant to the Victoria Pointe Homeowners Association, and grantees shall continue to be members thereof while retaining ownership of said lot. ARTICLE I MEMBERSHIP AND VOTING RIGHTS 1. Every Owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. 2. AIl Owners including the Declarant shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they dettmnine, but in no event shall more than one vote be cast with respect to any lot. PROPERTY RlGHfS 1. Every member shall have a right and easement of enjoyment in and to the common area which shall be apptm:enant to 'and shall pass with the title to every lot, subject to the following provisions: The right of the Associatiqn to dedicate or transfer all or any part of the common Area to any public agency, authority, or utility for such purposed and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication to transfer signed by two-thirds of the members has been recorded. 2. Use: No lot shall be used except for residential purposes, provided that the Declarant may maintain a model unit or sales office within a unit until such time as all of the , lots have been sold. During this time the Declarant may maintain signs of the common area advertising the Development and lots for sale. 3. Delegation of Use: Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to this common area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. , ' 4. Dedication of Access and Common Areas: All accesses and common areas set forth on the Development filed herewith are dedicated and reserved for Lot Owners, their families and guests. All Lots will be subject to utility easements. ' 5. Easements and Rights of Way: All easements and rights of way within the Development shall be dedicated to the Association, and the cost of maintenance of said street and right of way in Article ill herein. 6. Protection of Views: A. Buildings. No building or structure in this Development shall exceed two stories in addition to a basement. The heights shall be in compliance with City of Renton Code. B. Vegetation: The lot Owners may request from one another that trees and \ or bushes be pruned, or thinned to eliminate any unreasonable interference with a view. The cost of pruning or thinning shall be born by the lot owner seeking to protect their view. The Architectural Control Committee created under Article II shall have the responsibility of determining whether trees or other vegetation of the premises of any lot, by reason of increased size do to growth since construction of homes on adjacent lots, unreasonably interferes with the view of other residents' within this DeveloPIllent. In any case in which the Architectural Control Committee shall determine that there is such interference, it shall send a notice in writing to the lot owper involved, which notice shall set forth the extent to which ) the trees or other vegetation shall be pruned or removed. If within thirty days after receipt of such notice, the lot owner has not caused the trees or other vegetation to be pruned or removed to the extent required by the ACe, the Victoria Pointe Home Owners Association may hire a professional landscaper to do such work at its own expense or may charge the cost of such work to the lot owners of the· Development who have requested the pruning or removal of such trees or other ve~tation. 7. Nuisances: No obnoxious of offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the Development. The use of motorcycles for purposes·other than . . transportation to and from the Development shall be considered a nuisance and are prohibited. 8. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, cuttings or other wastes .. All rubbish, trash, garbage, cuttings or other wastes shall be kept in sanitary containers. 9. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats and other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes. Any dogs must be kept so as to minimize excessive noise from barking; otherwise, such barking shall be considered a nuisance under these covenants. to. Firearms: The use offirearms within the Development is prohibited, and no hunting of animals with any weapon by any person shall be permitted. 11. Out Buildings: Any out buildings constructed on any lot shall be of the same siding and roofmg material as the home. 12. Temporary Structures: No structure of a temporary character, camper, trailer,tent, shack, garage or other out building shall be used on any lot at any time as a residence, either temporarily or permanently. 13.·Vehicle Parking: No inoperable vehicles, Motorcycles or other motorized apparatus shall be stored on the premises or in the street within the Development. No mechanical repairs shall be conducted upon the premises except minor maintenance and mechanical work by a resident of the Development on said resident's private vehicle, provided that any such conduct be in a rruinner which is not offensive to persons residing in the neighborhood, is not unsightly, does not result in unusual noise or debris being placed upon the premises and is keeping with the residential development here involved. If an owner refuses to remove an illegal vehicle, the Architectural Control Committee shall have the power to remove the vehicle at the \ owners expense. Except with the approval of the ACe, lot owners at no time shall keep or permit to be kept on their premises any house trailer, camper, recreational ,> \ J vehicle, mobile home, boat, or boat trailer, unless the same is housed within a garage or located in the rear yard and suitably screened from view of the street. 14. Satellite Dishes: Satellite Dishes in excess of twenty four inches in diameter and roof top mounted antenna shall not be permitted. ARTICLE II ARCHITECTURAL CON1ROL COMMITTEE 1. Administration of Covenants: . The board of directors of the Victoria Pointe. Homeowners Association shall appoint an Architectural Control Committee (ACC) of three persons, who shall act as administrators of the provisions of this Article. The board of Directors shall have the right to terminate the term of office of any member of the ACC at any time and to appoint new or additional members. Initially, one member of the ACC shall be appointed for one year, the second member for two years, and the third member for three years. Thereafter members of the ACC shall be appointed for three year terms. Until such time as five lots are sold the Declarant shall be a member of the ACC. A majority of the ACC may designate a representative to act for the ACe. 2. Jurisdiction and Purpose: The ACC shall adopt architectural guidelines, establishing standards forthe exterior design and placement of all structures to be constructed of a lot, and exterior landscaping of all·such structures. The ACCmay amend the guidelines from time to time if it determines that such amendments are in the best interests of the lot owners as a whole. The ACC shall have the right to review all plans and specifications for any building or structure to be constructed or modified within the properties and any landscaping, and either approve or reject such plans based on whether they conform to the guidelines. The purpose of the ACC is to . ensure that development within Victoria Pointe maintains the aesthetic and structural quality contemplated, that all future replacements of improvements or future improvements are compatible, and to assist in the preservation of views. 3. Approval Procedure: No building or other structure shall be constructed or altered until there has been filed with and approved by the ACC a set of plans and specifications showing the improvements. ·Included with each proposal shall be, in a form satisfactory to the ACC, two sets of plans and specifications: (1) The size and dimension of the improvement~ (2) the exterior design and elevation; (3) the location of the improvement on the lot. In order to accomplish maximum view preservation for adjacent.1ots; (4) a scheme for grading and drainage; and (5) Proposed landscaping. It is the obligation of each owner to familiarize himself or herself with the rules, regulations and procedures of the ACC for inspection, Plan, review and approval.. All requests for approval of improvements to lots shall be made in writing. 4. Decision in Writing: The ACC's approval or disapproval as required in these covenants shall be in writing. In the event the ACC or its desigDated repr~sentative fails to approve or disapprove within thirty days after plans and specifications have been submitted to it, or in any event if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related requirements shall be deemed to have been fully satisfied ' 5. Appeal: Lot owners may appeal any decision made by the ACC to the board of directors of the Homeowners Association. The appeal shall be made in writing within ten days from the date of receipt of the ACC's decision and shall set forth the basis of the objections to the ACC's decision. The decision of the Board of Directors shall be fmal. ARTICLEIU COVENMI FOR ASSOCIATION MAINTENANCE ASSESSMENTS 1. Creation of the Lien and Personal Obligation of Association Assessment: The Declarant, for each lot within the Development, hereby covenants, and each Owner of any lot by acceptance of a deed therefor, whether or not it shall be so expressed in· , such deed is deemed to covenant and agree to pay to the Association~ (1) annual assessments or charges and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special Association assessments together with interest, costs and reasonable attorneys' fees, shall be charged on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner of such property at ~e time when the assessment fell due. Tq.e personal obligation for delinquent assessments shall not pass to hislher successors in title unless expressly asswned by them. The Declarant however, shall not be obligated under the Covenant for Maintenance Assessments. 2. Purpose of Association Assessments: The assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents in . the Development and for the maintenance, repair, replacement, emergency work, and capital improvement of the common area. 3. Maximum Annual Association Assessment:. Until January 1 of the following year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment shall be $ per lot. (a) From after J,anuary 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum assessment may be increased each year ,not more than ten percent above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be above ten percent by a vote of two thirds of the members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) After consideration of the current maintenance and future needs of the. AssociatioI4 the Association may fix the annual assessment at an amount not in excess of the maximurri .. 4. Notice and Quorum for any Action Authorized Under Paragraph 3: Written notice of any meeting called for the purpose of taking any action authorized under paragraph 3 shall be sent to all members not less than thirty days or more than sixty days in advance or the meeting. At the first meeting called, the presence of members or the proxies entitled to cast sixty percent of all the votes of the members shall constitute a quorum. If the req\lired quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one, half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than. sixty days following the preceding meeting. . 5. Uniform Rates of Association Assessments: Both annual and special assessments must be fixed at a uniforin rate for all lots and may be collected on a monthly basis. 6. Date of Commencement of Annual Association Assessments -Due Dates: The Annual assessments provided for herein shall commence as to all lots onthe.first day of the month following the conveyance of a common area. The first annual assessment shall be adjusted according to the number of months remaining in the . calendar year. The Board of Directors as provided it the BylaWs shall fix in advance the amoUIlt of the annual assessment against each lot at least thirty days in advance.of each annual assessment period. Written notice ofthe annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, on demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment of a specified lot has been paid A properly executed certificate of the Association as to the statuS of assessments of a lot is binding upon the Association as to as of the date of its issuance. 7. Effect of Nonpayment of Association Assessments -Remedies of The Association: Any assessment not paid within thirty days after the due date shall bear interest from the due date at a rate of twelve percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property in the manner provided for a Mechanics lien, except that the Association shall not be limited by the notice and time provision ofRCW 60.4, et seq. No Owner may waive or otherwise escape liability for the assessments provided for herein by non·use oftlie common area or abandonment of his \ her lot. 8. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any lot shall not affect the assesSment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure, or anyproeeeding in lieu thereof, shall extinguish the lien of the assessment as to payments which became due prior to such sale or traiIsfer. No sale or transfer shall relieve such lot from. liability for any assessments therefor becoming due, or from the li~ns thereof ARTICLE.IV GENERAL PROVISIONS 1. Enforcement: The Association, or any Owner, shall have the right to enforce, by any proceeding at law or equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any Covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereaJter. 2. Severability: Ihvalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remairi in full force and affect. 3. Amendnient: The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten years. Until such time as seventy percent of the lots are sold, Declarant shall have sole authority to amend this Declaration. After this time, this Declaration may be amended during the first twenty year period by an instrument signed by not less than seventy percent of the lot Owners, and thereafter by an instrument signed by not less than·fifty one percent of the lot Owners. Any amendment must be recorded. 4. Annexation: Additional residential property and common area may be annexed to the properties with the consent of two thirds of the members. IN WITNESS WHEREOF, The undersigned, being the Declarant's herein, has hereunto set its hand and seal this 1..6 7fday of IlCf!iC(~S ~OOf:. !~. . ~.~ ~.-Steven B. Altringer~ ~nald S. Furrer .. ( J EXHlBITA LEGAL DESCRIPTION.; VICTORIA POINTE , -.. ' -.-.<-' "To; CitY ofRentQ]J. , ""Development SerVices .Division , 1055 S. Gi~dyWay,Renton WA 9805~ , From; Robert West,Presideilt, . fll-Point Dev~lopment 3904 Park Ave. N., RentonWA.( Re.;' Construction Mitigation Description: Victoria romte,Plat ) We will apply for a bemolition permitthB.t 'will allowus to"tear d~wn the~Xistingthree homes ori. the site as soon ,as the Hearing Examiner Issues his conditions of approvaL , According to the time line proVided' us'by the City this should:take approximately,twelve. weeks, which means we cimCommenc~demolition itlmid November of 2005. " Wh~ demolition is completed we will 'begingr~rig the :site and, installing the utilitie$, , sewer, water, and'stOrm system . .This work should begin, if weather conditions allow, the laSt week of November of 2005, and should be ~ompleted,along :Witli~ta1lation of~ curb, side~alk and street paving, not later than mid march of 2006:' " . ' ,. The work schedule will be Monday through Friday 7 AM to 5.:30 P.M .. . Materials and supplies coming from the north will exit Hwy. 405 at 44th St. and will . travel Lake Washington Blvd., To the site. Matenals comitig from the south will exit 405 th· . th ' at N.30 . St. to Park Ave. N, to N. 37. St. to the site.. " . _ - ". We intend to implement measures to control dust with the use. of sprinklers, straw; and ~eighted tarps. Erosion and mud wiilbe controlled with the us~ orsilt fencing. straw and hydro seeding if necessary. ' . .' . , Traffic impacts attributable to this project wili be minimized. by encouraging the workers~ . there vehicles and equipment to be on site before peak hours~ and to leave the site after peak hours. ' . 'We do not anticipate anylatenlght6r'we~k end construction or-hauling. ' TO: ROBERT E WEST 3904 PARK AVE. N RENTON, WA 98056 ) / PLAT NAME RESERVATION CERTIF~CATE PLAT RESERVATION EFFECTIVE DATE: August 25,2005 The plat name, VICTORIA POINTE has been reserved for future use by STEVEN B AL TRINGER & RONALD S FURRER. I certify that I have checked the records of previously issued and reserved plat names. The requested name has not been previously used in King County nor is it currently reserved by any party. This reservation will expire August 25, 2006, one year from today. It may be renewed one year at a time. If the plat has not been recorded or the reservation renewed by the above date it will be deleted . . .. -:. , ': ~~ ... ~ r~i c· , f', ~ .. ,,_ 4 , •• , ~ •• ' AFFIDAVIT OF IN:STAlLATION OF PUBLIC INFO,RMAT,ION SIGN City of Renton Development Services Division 1055 South Grady Way, Renton, WA98055 Phone: 425-430-7200 Fax: 425-430-7231 OEVElOP"'--Iv/cNT 0 CITY Or.: Dh~/rAf\JNING --i'\-IVION STATE OF WASHINGTON ) SEP 23 200S RECfj::)J.1V~. trj . -Il~~i ) COUNTY OF KING ) _~....:.r;...:::;£.;...:;~....:;.~.;....:.-/Y...;.........;;.8~: /I~j_lI.;...../r?...;..I_jy,--=G:;....;:E.;;....;/{',-,,--___________ , being first duly sworn on oath, deposes and says: 1. On the /ijf.it day of !laG tl51 , 1fJ21195, I installed :l public informa~9n sign(s)· and plastic flyer box on the property located at ...31tJ/ tiJEt.i.S IIYE IV~ $71J2i.K It'Asii /11-110 for the following project: ". ·t!ie tIJ/?//I PtJ;llIf~ Project name Sf&I/~/YIiALrtf/;r6£'/l t ifttt'IUIJ So FaJ~N£,e, Owner Name 2 .. I. have attached a copy. of the. neighborhood detail map marked with an "XD. to. indicate the location of the installed sign.· . 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with· the requ· ments of Chapter 7 Title 4 of Renton Municipal Code. SUBSCRIBED AND SWORN to before me this .JJi day of Av\oJ V\S± ,49-2DD0 . Ii I.\\t1ISUUEUl.,., ! ~ .. ~~\ \.. '{ K, Ii -;~~II~ ~~~.~ ••••••• 4'..0/\""'" Stat f # V"~O~M. e-.j: •• 'T)-"ct. e 0 W h· t CIi. ,,0. ~ t as Ingon, 9 : ~OTA~". ~ a = '* :-'7;" ~ : e::t • fii'p:, @ • s . Q:\WEB\PW\DEVSERV\Fonns\Planning\pubsign.doc08I27/03 : -~-.~ -_. --.~.~. "0--·· . . . . . ·:·~~·~OMslDn. ···'·lr~·~'\fJ~~~·· .. :~<::~t:. ex¢e~ . . 'U5e~~x~"X~:P~ . ·~~~~!.:~~-W,wASHeRS· .",t4~, [4" r ·, .. ~::;:~:~~=;~~"~~+~CA$E . Q:\ WEB\PW\DEVSERV\Fonns\Planning\pubsign.doc08127/03 o· .. . ",. ~. "'J~ .. . #" ' .. ' .~' "'<t: .," ... " . • ··0 N ir !It J •. ~&. -.. ', r<lITY OF JRJENTON 1055 S. Grady Way Renton, WA 98055 DEVs,LOPMENT PLANNING LIlY Or-RENTON . POOted: 09-23-2005 Payment Made: Land Use Actions RECEIPT Permit#: lUA05~115 09/23/2005 04:25 PM Receipt Number: Total Payment: 2,500.00 Payee: Steven B Altringer Current Payment Made to the Following Items: Trans Account Code Description 5010 000.345.81,00.0007 EnvironmentalcReview 5011 000.345.81.00.0008 Prelim/Tentative Plat Payments made for this receipt Trans Method Description Amount Payment Check 13004 2,500.00 Account Balances Amount 500.00 2,000.00 Trans Account Code . Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fee$ 5.007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000,345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000 .. 345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000~231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 ,00 .00 .00 .00 .00 .00 .00 .00 .00 ,00 '.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Sf? 232005 REClEgVED R0505227 DI:V~I..O . crr.f1t12iVt· O;":RE: . Sf? 2 3 2{J05 VICTORIA POINTE PLAT IiEf:EIVElJ Prepared Bv: 3700 WELLS AVENUE NORTH RENTON, WASHINGTON TECHNICAL INFORMATION REPORT SEPTEMBER 2005 Prepared For: . ICON (Infrastructure Consulting Corp) 1082 Kirkland A venue NE, Suite B Renton, W A 98056 Mr. Bob West 3904 Park Avenue North Renton, W A 98056 PH: (425) 272-1020 PH: (425)922-5044 r .. TABLE OF CONTENTS }[ Overview Figure 1: TIR Worksheet Figure 2: Vicinity map Figure 3a: Existing conditions map Figure 3b: Proposed conditions inap II ' ;Conditiolflls and Requirements III Flow Control System IV Water Quality System V Offsite Analysis Figure 5: Site map Off-site analysis drainage system table .. Figure 6: Topographic map VI Special Reports and Studies VII Other Permits VIllI ESC Analysis and Design Erosion and sedimentation control measures VI-I VII-l VIII-I VIII-I SECTION I PROJECT OVERVIEW · , I Project Overview The proposed 1O-lot plat is located at 3700 Wells Avenue North in Renton and the site occupies approximately 1.69 acres. The proposed development will include construction often new homes. Under existing conditions the site has an existing drive that extends uphill and east from Lake Washington Blvd. to connect with Wells Avenue North. The natural drainage pattern is west down to Lake Washington Blvd. A ditch along the east side of the street intercepts downhill runoff from the proj~ct to convey runoff to the north alongside Lake Washington Blvd. The overall existing drainage pattern will not be altered by the proposed development. . As a result of development, a new paved street will be graded and constructed per grading plans drawn for this project. New driveways and the street will drain downhill. The lower part of the street is valley-drained, and runoff from impervious driveways and the street surfaces will be captured at a proposed catch basin (CB) at the low point in the street profile. For up to 6-month storm event, runoff that is polluted from impervious surfaces will flow from this CB to a bio-swale where. it will be treated. During major storms, excess runoff will be by-passed directly to public storm drain piping at Lake Washington Blvd. This project does not require detention, as there is an accessible public storm drainage system that drains to Lake Washington. However, the proposed development will include pavement that exceeds 5,000 sf and it follows that "treatment" of stormwater runoff coming from pollution-generating surfaces will be required. For treatment, the proposed bio-swale will be constructed along the frontage at Lake Washington Blvd. Details that relate to stormwater collection, treatment and disposal are discussed in later sections of this report. Temporary erosion and sedimentation control measures are proposed that include the . following: (1) a silt fence along the west property line at Lake Washington Blvd.; (2) an interceptor swale and a sediment trap along the west side of the development and above Lake Washington Blvd.; (3) a stabilized construction entrance at Lake Washington Blvd.;·, (4), inlet protection for existing & proposed catch basins; and (5) clearing limits demarcation. - r King County Department of Development and. Environmental Services TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Part 1 PROJECT OWNER AND PROJECT ENGINEER Project Owner's 'RC:PIZ.Cse-.N-rf}1'IVE" ,tr)R. Ro8EF-T 14EST Address Phone !?eJfTo;.f t Jd,4- Sl1l'fft...£SH /IfIq .. fE Project Engineer / CON L1_ r;;" /tU~ Z. h 21t..LItJiO r n J{ r:;. 1!eJr7Q}( / Wf+ Company ____________________ __ Address/Phone 4ZS--27 Z ~ I 0 "Z.,o Part 3 TYPE OF PERMIT APPLICATION Subdivison V Short Subdivision Grading Commercial Other __ ---'-______ _ Part 2 PROJECT LOCATION AND DESCRIPTION Project Name 1/ n . lil croM !1J1XTE-FtJt-r Location Township __ "2_4:-<--__ _ Range ___ ~S~ _____ _ 1ff'!!4 .'::1: ... Section __ -..03=2=--____ _ ,;,JI/Jr Part 4 OTHER REVIEWS AND PERMITS DFW HPA . COE 404 DOE Dam Safety FEMA Floodplain COE Wetlands . ' Shoreline Management Rockery L +' Structural Vaults Other I Part 5 SITE COMMUNITY AND DRAINAGE BASIN Community Drainage Basin /3.fI S-r ~ WA5#/IJlt{-roJl -f?cKrQ.J1 Part 6 SITE CHARACTERISTICS River Stream _______________ _ Critical Stream Reach Depressions/Swales Lake _______________ _ ~ep Slopes fYbpf%tTE Floodplain ___________ _ Wetlands _____________ _ Seeps/Springs High Groundwater Table Groundwater Recharge Other ____________ _ Part 7 SOILS Soil Type , IIec Slopes 676/S-;· Add&ional Sheets Attached Part 8 DEVELOPMENT LIMITATIONS REFERENCE Ch. 4 -Downstream Analysis Additional Sheets Attached Part 9 ESC REQUIREMENTS MINIMUM ESC REQUIREMENTS DURING CONSTRUCTION Sedimentation Facilities V Stabilized Construction Entrance V Perimeter Runoff Control V Clearing and Graing Restrictions / Cover Practices V -- Construction Sequence / Other Erosion Potential Erosive Velcoties LIMITATION/SITE CONSTRAINT MINIMUM ESC REQUIREMENTS AFTER CONSTRUCTION Stabilize Exposed Surface v.-'" Remove and Restore Temporary ESC Fa~ilities ",V Clean and Remove All Silt and Debris ~ Ensure Operation of Permanent Facilities ~ Flag Limits of SAO and open space preservation areas, Other (-.... ~". : ..... :.-::-. Part 10 SURFACE WATER SYSTEM Grass Lined /' Channel. Pipe System / Open Channel Dry Pond Wet Pond Tank Vault Energy Dissapatbr Wetland Stream Infiltration Depression Method of Analysis . / Compensation/Mitigati Flow Dispersal V· on of Eliminated Site . Waiver Storage Regional Detention Brief Description of System Operation RLtHaFF c:oLL&C~JON Iff /JES1 pf?4'PffL-ry , LIME. . 5PU7 WmaL. Wftc..rry f2UffiJfF To BI05W(JW /l)./D tl2IEfZPLUi-0 EH Facility Related Site limitations Reference Facility . Part 11 STRUCTURAL ANALYSIS Cast in Place Vault Retaining WaH Rockery > 4' High Structural on Steep Slope . Other limitation BY-~S5 70 EY. $'7'a£m 5YS7f:Y11 Part12 EASEMENTSaRACTS Drainage Easement V Access Easement Native Growth Protection Easement Tract Other Part 13 SIGNATURE· OF PROFESSIONAL ENGINEER I or a civil engineer under my supervision my supervision have visited the site. Actual site conditions as observed were incorporated into this worksheet and the attachments. To the best of my knowledge the information provided here is accurate. Sian ed/Dare Vicinity Map i. S TTLE '--::S=-rTf'(Pr"'I1TJ--f (ttl q/ .Ylj¥ILS J-q , . . ~ ~"'--::---- --------.. _------_ ...... ~------I ! ,t:j·'rT:;:"':; .£7·H7~~:~f:~~ _,.j' .'. I -----,,/ " / .I ,I ! ./ ,.!. ! t ! / j 88LF8" LCPE 0 0.5% CB 1'tPE I RltF47.7± £=45.4 . ~ .. ':'. ".!'. ..•• .:.!,:;. ':~. .--"--.-~-"'. . ..... ~. ::.;. . 0" . $j. L£.s. ~-" ;.:-l<;! 8 =44.9. $ " ,: ...... ~,~ T ·_'~;_L~~~~-f./j ~ .... ~< ... //i' i--' ( CB'lvPE I WQ SPUrTER ,;''' ""-iI'r /J/ '; •. , ','R!M=47.9 ,-Sf '. NlE=46.5 1fW':E=46.8 / / ..... ~-.: . .:.,:' -". ..•. 20 LF 8" Ul'E .___00.5% ~~~·2OLF-·. ,-' ,-'. < . "1' SlA: 0+32.36 III Cl':'SO O'Il..5Z, '. '" :r.: OFFSEt: 0.36 R . . . \ ' 'II I = ..,' /'. ".: ,,\ :\, :{:,' ... , ..... ::.1 ~;<. : w:. ~:>'.':':~-:- : .. : .. ::.;.!?:.. .. '--::~ ;')t.l ~~'':'.! -.::: .!. -.!~ .:-~:' , •. ::.--, :.'/.i ; __ .' I I I I I I I I I I I I I I ;7 _: > .~ ~ :;: ': ...~.~. - ;i3 STA: 2+70.90 7/0: -.:-~'" --T-'-~ . .c..,_! ~.,-, ----"/,......;. _ . ..., !~ ..;.. "'---+ ::...~. ·~4~ T _ .. .J. __ .. 1 L 6').,~---S;-. 1\, oo,sc:::;:r:= .. -><:r / -> .' ~ r-.' . . ~ .. '~ . . '" I (<S' . <9 -.~/. -r T --, ,.y .. v.. I' I ,. . C (: I \,;: -rr--':··.~ '~~-'--;-~-~" :<.;;':.--~~':~}~;--);, --, :~ < If' I 'OISP€RSAlI I ~ : . ./ ("" I I ti,., ; / :: ;: , I .. : 11/ lRDIOf . I I ~i:-: '. j'1 ':; . " f" II:'~.!.".'/: I ~'m.~~irf~:fu.' Ii ;' J. "s2:4 ' I."~_C " I, ;.~ , j I .~ ( ,: : I L" <.'~. ,,"" I ".:. C='_'/ :'-1 1 ; .' . . ...-:.-:' -l I . . ..::.-J L-,:.. . l~ __ ~, __ ~.:J'~~---:;~-l ,--. STA: '1 r ~. --'-;..-~ .-;;-._.- ,;.' (LOT 2 nil" 98.0 " ~ .... ,;'.~\. ~.~ =' .... I \ I \ ~ '-~::. ;: -:.:- :-..: . .:".. ":'; 2:' ':. :.:: "~' .. ~ '-·:-2 ;:'J ........ .:..:: ..:.':. ~f\ ~::~;.;~:'5;;-::~~ ~;:::~ ~':T::-:.!:~' ;":'5t'!.~~~·i· ~-7 ":~-;~'~ ~~~:t7~~:~~;:;:;,';" ~ : .;; ---;~_/ ~FOseD LJJi}{f) r'71 artS SECTION II CONDITIONS AND REQUIREMENTS I II Conditions & Requirements Conditions of Plat Approval e The comments from this review by City of Renton will be addressed upon receipt. · . , , :-: " .- '-. -. .. ,FLOW CONTROL FACILITY ...... . ',. , " . , " ." " HI Flow Control Facility No flow control facility (e.g~ detention) is required for this development. There is public storm drainage system available that can be used to covey non-polluted runoff from the roofs. Storm water piping exists at the north property line that adjoins lots 1-7 and at Lake Washington Blvd. RfInofffrom roofs will be collected and subsequently either dispersed/infiltrated on-site using dispersal trenches or infiltrated/conveyed from the site via perforated drains connecting to the existing storm drain system. Runoff from roofs at houses proposed for Lots 8,9 and 10 will be dispersed/infiltrated using dispersal trenches. Runofffrom proposed houses at Lots 1 through 7 will be infiltrated/conveyed from the site using perforated drains connecting to the existing public storm drain piping that adjoins the site to the north. Subsurface water intercepted by perforated pipes at foundations will be similarly disposed by dispersal/infiltration or by infiltration/conveyance. Runoff coming from impervious pollution generating surfaces (e.g., driveways as street pavement) will be directed to the proposed bio-swale for treatment before being discharged to the public stormwater system. . · SECTION IV WATER QUALITY FACILITY IV 'Vater Quality Facility Water quality facility is required for this development. The extent of proposed development will exceed the 5,000-sf threshold for new pollution-generating surface area; hence, water quality treatment will be required. For treatment, a bio-swale is proposed. Newly constructed streets and driveways will be graded so that drainage from impervious pavements will reach the proposed CB near the bottom of the proposed street. Water quality runoff for up to a 6-month event received at the CB will be directed to a bio-swale for treatment. The proposed bio-swale is located near the bottom of the site. It will adjoin the property line at Lake Washington Blvd. and will extend ·alongside the frontage for approximately 80 ft. Its bottom width will be lOft and will slope 1 percent to the north. There will be two retaining walls that run parallel to the bio-swale: one on the street side and the other 'on the property side. These are required to facilitate grading for catch up slopes. A 20-ft wide easement is to be provided for bio-swale access and maintenance. Filtration, infiltration, and biological processes work to remove contaminants as runoff passes through grasses in the bio-swale. The bio-swale will receive and convey water quality runoff collected from impervious pollution-generating surfaces for up to a 6- month storm event. In storms that do exceed the 6-month event, excess runoff is diverted around the bio-swale to the public storm drainage system at Lake Washington Blvd. Treated runoff discharged from the bio-swale is also piped via. culvert to existing public . stormwater pipe at Lake Washington Blvd. To limit flows to the bio.,.swale, a CB is proposed at the foot of the street to intercept all runoff coming from impervious pollution-generating surfaces. This CB contains an orifice plate wherein there is a flow-restricting orifice with pre-determined diameter to allow water quality flow rate into the bio-swale. Runoff reaching the CB during storms that do not exceed the 6-month storm event will pass through the orifice to be discharged via culvert pipe to the bio-swale where treatment takes place. The water quality runoff to the bio-swale is estimated at 0.13 cfs: this corresponding to runoff from a 6-month event. During larger storm events, water in the CB will rise above the restricting orifice and overflow via separate culvert pipe that directly connects with the public storm drainage system (e.g., a CB)'at Lake Washington Blvd. The CB with orifice restrictor is considered as a "flow splitter." Runoff passing though the bio-swale will exit the bio- swale via. culvert pipe that connects with public storm drain piping at Lake Washington Blvd. Water Quality Runoff Calculations: The King County KCRTS computer program was used to estimate runoff; and, runoff rate corresponding to the 6-month design storm was used for bio-swale design. Input to the program consists of land areas categorized into either pavement (Aimp) or grass till (e.g., landscaped). Because runoff derived from roofs is not pollution generating, roof' areas are not included with Aimp for bio-swale sizing. A time-step of15-m\ntes is used to calculate the water quality and the conveyance flows from the development. Onsite impervious pollution-generating area, or Aimp was estimated at 18,602 sf: and can be broken down as follows:' Impervious Area -Aimp: Pavement at street Sidewalk Driveways (10 at various dimensions)' Total Aimp ' 14,272 sf 1,525 sf 2.805 sf 18,602 sf Landscaped areas include the planter adjoining the proposed sidewalk and lawn areas. Grass till (or landscaped) 26,509 sf These data were input into the KCRTS.program. KCRTS Program Input/Output The program input and output are included in this section. Output for peak flow analysis indicates 0.214 cfs flow rate to correspond to the 2-year storm event The equivalent runoff for a 6-month event is roughly estimated at about 2/3 of this flow, or 0.13 cfs. Bio-swale design should be limited to 0.13 cfs for 6-month runoff event The orifice at the flow splitting CB is sized to pass up to 0.13 cfs and bypass inflows exceeding this amount Orifice Diameter Calculation: The flow control orifice diameter is sized using the equation shown on page 5-450fthe 1998 King County Surface Water design Manual. In this formula, Q is 0.13 cfs. The orifice diameter (d) is measured in inches and head (h) measured in ft and both are unknown variables. The orifice is mounted vertically and head is measured from the center of the orifice to the water level that is assumed to lie at the top of the orifice. Hence, the head (measured in ft) is Y2 of the orifice diameter, or dl2 so that head can be written in terms of d. To solve for the orifice diameter, head is converted to inches; or head is ~ of the diameter, or d/24 andtrial-and-error estimates are made with various orifice diameters to satisfy the equation constant of 4.7944. The calculation is included herewith. An iterative solution is used to approximate the orifice diameter as a function of Q and h, or actually just h since Q is already known (0.13 cfs). The invert elevation for the culvert pipe outflow from the flow splitter CB is set at the top of the vertically mounted flow restricting orifice. Flow Frequency Analysis Time Series File:victoriawq.tsf· Project Location:Sea-Tac ---Annual Peak Flow Rates--- Flow Rate Rank Time of Peak (CFS) 0.214 6 8/27/01 18:00 0.169 8 1/05/02 15;00 0.537 2 12/08/02 17:15 0.173 7 8/26/04 0:45 0.372 3 11/17/04 5:00 0.279 5 10/27/05 10:45 0.310 4 10/25/06 22: 45 0.834 1 1/09/08 6;30 Computed Peaks -----Flow - -Peaks (CFS) 0.834 0.537 0.372 0.310 0,279 0.214 0.173 0.169 0.735 0'60 )( o-z/~ -- Frequency Analysis------- Rank Return Prob Period 1 100.00 0.990 2 25.00 0.960 ~2S 'Ires. 3 10·.00 0.900 4 5.00 0.800 5 3.00 0.667 6 2.00 0.500 -i--Z"lfl!S . 7 1. 30 0.231 8 1.10 0.091 50.00 0.980 c:>./3 c~S ICON SHEET: ) OF I --- Engineers 0 Surveyors BY: L~c DATE j.-lro CHECKED: DATE PROJECT Vrc./6r 1c iUC>lhk JOB NO. tt 2.1 S Ds-' ---- SUBJECT~~C/~~~'}~··i=e~. _/~ __ /~ __ /_!f_'1 __ --~_((_E_'C--Z:~~_/_~_/~_n~~Oh~'_'----_________ ~ __ __ d = /1 20·88 ~ AI. Nl7 Q~' d-= h ~~ d I 2. ~ --+ 31 S- ~. 7S' 2, £:. "< ~\ '--' ,0 "" -..5,S'L ~,S-3 .:l ,S-1-~'V" . :.' . . OP"!,-;c..P' pIA. -f.7it-f-· ,20'9- I I ,"--I, I ~ I 3,18 \ b.-.r3 Q,67 S;36 \ .S-; 0, I 1-, G1-I I 4·71- I 4'77 \ 1-1 0/ \ \ i I \ I , BOTTOM WIDTH(B)ft FLOW DEPTH(H)FT ROUGHNESS(N) SLOPE(S)FTIFT VOLUME(Q)CFS AREA (A) SF VELOCITY(V)FPS SWALE LENGTH(L)FT CONVEYANCE 10 0.067 0.03 0.01 0.548 (greater than 25 yr. 24hr 0.6767 0.8098 Conveyance flow at 25 year 24 hour stonn event is calculated to be 0.54 cfs. Available conveyance capacity with depth of flow equal to 0.067 foot is in excess of the conveyance flow of 0.54 cfs. BIOFIL TRA TION BOTTOM WIDTH(B)ft 10 FLOW DEPTH(H)FT 0.09 ROUGHNESS(N) 0.2 SLOPE(S)FTIFT 0.01 VOLUME(Q)CFS 0.134 (greater than 6 mo. 24hr AREA (A) SF 0.9122 VELOCITY(V)FPS 0.1473 SWALE LENGTH(L)FT 79.5451 The available length for the biofiltration swale is 80 Ft. The biofiltration swale is sized for a 6 month 24 hour stonn event Q wq = 0.60 x Q 2 year 24 hour = 0.60 x 0.214 = 0.13 cfs (provided) ··SECTIONV OFF-SITE ANALYSIS V Offsite Analysis Upstream Analysis Upstream area is bounded by Wells Ave North. It is believed that no significant offsite runoff would cross overand onto the site. No intercepting ditches are needed to prevent runoff from eritering the site. Downstream drainage Analysis: Leyell Runoff from the development site will be discharged to the proposed and the existing public storm dfainage piping that is located along Lake Washington Blvd. This system conveys stormwater north and then west for ultimate disposition at Lake Washington. Task 1. Study area Definition and Maps There is no likelihood that the proposed project activities could impact the upstream area with backwater conditions. The inflow conditions for the upstream drainage remain virtually unaltered. Task 2. Resource Review County topographic map and City drainage system information were researched, to determine if there existed an obvious sign of a downstream constriction in the capacity of the downstream conveyance system. Based on the size of the proposed development versus sizes of the storm drainage system components downstream, this revealed no apparent signs of an existing constriction. During the down stream drainage field visit no areas of an existing or potential drainage problems were-noticed. Map Output Page 1 of 1 3342/0!J2!}!) he information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. 'ng County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such . ·nformation. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, ost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on his ma is rohibited except b written permission of Kin Coun . . King County I GIS Center I News I Services I Comments I Search By Visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.metrokc.gov/servleticom.esri.esrimap.Esrimap?ServiceName=overview&Clie ... 9121/2005 Basin: OFF-SITE ANALYSIS DRAINAGE SYSTEM TABLE Surface Water Design Manual, Core Requirement #2 Subbasin Name: if 1'2..1\ CU.LVf/2.:' I yt:.ce/I/ed In :5MllaJ dl-rch -10 eXI.$7'. Cu I V"&'r'( 12 II cuLver t Cli11f.1 t 300 ob-a·YNl.~ s~ '24-0 >r0!41 300 lo.-'t.rL (J) ,4 J Co n ~hueJl(/reD ouA{eVJ.... -Iv I.o.J.a.-W~ Subbasin Number: pIped-. L !Tabla.doc 1112192 5432SD.xls 5432 STORM DRAINAGE AND OUTLET PIPE INVENTORY -SHEET 3 The inventory information for the storm drainage system was compiled from numerous sources and is the best information available at this time and should be used only for GENERAL guidance. The City of Renton is not responsible for errors or omissions when this information is used for engineering purpose. Designers are to field verify this information. OWN OWN GRATE GRAT8 \JPPER UPPER LOWER LOWER GRATE om PIPE PIPE LENGTH LENGTH STREAM STRUCT STRUCTURE INDEX I TYPE CB? ELEV IE 1M] .IE IE 1M) IE IE 1M] TYPE SEP DIAM TYPE 1M] STRUCT INDEX #. PLAN FILE 54323410 3,C4-10 CUL 45.B8 13.98 45.00 13.72 12 54323403 3,C4-3 54323411 3,C4-11 2 N 47.63 14.52 40.60 .12.38 29.48 8.99 C N 18 CC 43.0 13.11 54323412 3,C4-12 FIELD 54323412 3,C4-12 2 N 33.99 10.36 29.24 8.91 27.76 8.46 C N 24 CLAY 45.0 13.72 OUT OUT FIELD 54323413 3,C4-13 CUL 30.58 9.32 29.90 9.11 18 CC 10.0 3.05 54323412 3,C4-12 FIELD 54323414 3,C4-14 CUL 24.34 7.42 22.24 6.78 15 CPEP 10.5 3.20 54323415 3,C4-15 FIELD 54323415 3,C4-15 1 25.56 7.79 22.48 6.85 19.91 6.07 C 15 CPEP 81.0 24.69 54323416 3,C4-16 FIELD 54323416 3,C4-16 1 22.10 6.74 19.98 6.09 18.26 5.57 C 15 CPEP 100.5 30.63 OUT OUT FIELD 54323501 3,C5-1 1 12 CC 54323615 3,C6-15 FIELD 54323502 3,C5-2 1 12 CC 54323503 3,C5-3 54323503 3,C5-3 1 12 CC 54323504 3,C5-4 54323504 3,C5-4 1 12 CC 54323505 3,C5-5 54323505 3,C5-5 1 30 ADS 54323506 3,C5-6 54323506 3,C5-6 1 /fPtJl.1 ~.II>8 Ll?!.. j){LI1,!",~f:?": 12 ADS 54323509 3,C5-9 54323507 3,C5-7 CUL ~ -~ 12 CC 54323508 3,C5-8 54323508 3,C5-8 1 ::JV S-r t.::rn . -12 CC 54323509 3,C5-9 54323509 3,C5-9 1 -- -(::I,Y : 12 CC 54323511 3,C5-11 54323510 3,C5-10 1 5£1..? A7'7ACIlc:D 12 CC 54323511 3,C5-11 54323511 3,C5-11 2 Y ;<'eCC7lD p/zfJ(JJIII4' N 24 CC 54323512 3,C5-12 54323512 3,C5-12 2 Y N 24 CC OUT OUT 54323601 3,C6-1 1 P 8 CC OUT OUT 54323602 3,C6~2 12 CC 54323603 3,C6-3 54323603 3,C6-3 1 12 CC 54323604 3,C6-4 54323604 3,C6-4 12 CC 54323605 3,C6-5 54323605 3,C6-5 12 CC 54323606 3,C6-6 54323606 3,C6-6 12 CC OUT OUT 54323607 3,C6-7 12 CC 54323608 3,C6-8 54323608 3,C6-8 12 CC 54323609 3,C6-9 54323609 3,C6-9 12 CC 54323610 3,C6-10 54323610 3,C6-10 12 CC 54323611 3,C6-11 54323611 3,C6-11 12 CC 54323612 3,C6-12 54323612 3,C6-12 1 12 CC 54322606 3,66-6 54323613 3,C6-13 CUL 12 CC 54323614· 3,C6-14 54323614 3,C6-14 1 12 CC 54323615 3,C6-15 54323615 3,C6-i5 1 12 CC 54323616 3,C6-16 May I 2003 Page 2 :!" ..... ~~~-:<. ,:':: . . --'. '-. . I I I I " Task 3. Field Observations A field observation was conducted of the down stream drainage system at Lake Washington Blvd. The site topo map, or survey, was also used in our design. Nothing was observed to indicate problem or hindrance to our stormwater disposal. Levell Field Study 1. No reported or observed problems. 2. No existing or potential constrictions or lack of capacity in the existing drainage system was apparent. 3. No reported flooding areas were discovered. 4. No existing/potential overtopping, scouring, bank sloughing, or sedimentation is apparent. 5. No known aquatic habitats in the conveyance route. 6. ,The downstream area consists mainly of public right of way, ditches, and . underground drainage system. The topography is mild to moderate sloping ground with ditches and stormwater piping north along Lake Washington Blvd and then west into Lake Washington. 7. Stormwater drainage pipe sizes are believed to be adequate. 8. Off site areas tributary to the project site were consistent with the site map included. ., 9. No known complaints of flooding. 10. The site visit was conducted on or about May 20,2005. The \yeather was partly cloudy. Task 4., Drainage System Description The down stream drainage system consists of a roadside ditch and stormwater piping with catch basins along Lake Washington Boulevard draining northerly as depicted in attached City records. Stormwater is discharged into Lake Washington less than quarter mile from the site. Runoff from the site will be discharged to public drainage pipes via 8-inch culvert pipes located at Lake Washington Boulevard along the west property line. Problem description: The down stream drainage system as described above and depicted in the attached City records is a not prone to stream bank erosion or siltation. Moreover, it does not threaten aquatic habitats. In our opinion storm'drain pipes and catch basis appear adequately sized. We do not see any obvious signs of an existing or potential obstruction in the system and we are unaware of any adverse flooding along Lake Washington Blvd. Task 5. ~itigationofExisting or PotentiaIProblems·· N~ app~rent obstructions, prpblems such as flo()ding; overtopping, silta:tion~ and threat to . aquatic habitats were' e~countered during the do~ri stream drainage study were encountered. Therefore.nospecial mitigation measures are inc111ded in this report. t " . . " ." " SECTION VI" SPECIAL REPORT AND -STUDIES VI Special Report and Studies A geotechnical report addressing the sloping terrain, pertinent existing soils and development issues is provided separately ih the submittal package.' · SECTION VII EROSION AND SEDIMENT CONTROL ANALYSIS AND DESIGN .. VllI Erosion & Sediment Control (ESC) Analysis·and Design Project Description: The project will consist of construction often houses and removal of the existing houses on the property. Approximately I.OS-acres of area will be involved in the plat construction activity. The overall site area is 1.69-acres. Existing Site Conditions: Under the existing conditions the project site is residential lots with existing homes and a related driveway. Existing drainage for the project site is frorp the east to the west of the site. During the proposed construction this drainage pattern will be maintained. The discharge from the project will exit the site at the northwest comer of the development into the existing roadside drainage system at the northw,est of the property. Erosion and Sediment Control Measures Delineate Clearing and easement limits The development drawings clearly indicate the limits of development activities. Prior to 'any clearing or construction on site, the clearing limits for the project stage shall be clearly marked. The stakes shall be vividly marked with surveyors flagging and located with surveying methods. Cover measures According to the standard ESC practices included all disturbed areas to remain unworked for more than seven days during the dry season (May I to September 30) or four days during the wet season (October I to April 30) will be stabilized, unless otherwise· determined by the city. Any disturbed areas to remain unworked for more than 30 days will be seeded or sodded, unless the city determines that winter weather makes the vegetation establishment unfeasible. During the wet season any stockpiles to remain unworked for more than 12 hours will remain covered. Perimeter Protection A filter fabric silt fence shall be installed at the downstream end of the disturbed areas of the site. The fence shall be so located that any sediment-laden runoffthat does not directly enter the sedimentation trap will be filtered prior to offsite discharge. The perimeter protection will be installed prior to upstream grading. Construction Entrance Routes Prior to the start of general construction the construction vehicle entrances to the site shall fI he stabilized with a rock pad. Surface control In addition to the proposed interceptor swale the existing drainage features of the site are utilized to convey the runoff to the downstream drainage. Check dams will be employed along the interceptor swales in order to reduce the velocity of flow. Inlet Protection Affected downstream drainage channels and catch basin inlet will be protected with filter fabric and lor hay bales . . Sediment Trap A sediment trap minimum 3.5 feet in depth is employed along the west property line to trap sediment-laden runoff and to allow settling of the sediment prior to runoff overflow off-site. . ~ ;. .. -'.~ ~I~ '~~ I: 1 ,,\1 ~ 1~!5i Jl i I~~I~ I!!~ I~ ~Ii ~ ,i City of Renton King County, WA ~ N /" A to. Ul LEGEND: .I / """"""'lJO: _ COOlR UN[ DISTIG RQrT-<f'-'I'-Y IXISIIIl""'" """"' .... UNDERL'I1NC PARCEL RECORDING NO. VOL./pAGE PORTION OF NW 1/4 OF SW 1/4, SECTION 32, T 24 N. R 5 E, W.M. UND£RL 'I'IHO UNO£Rt. "NO PARCEL PARCEL """""'LA'" """ "' .. ~ TO BE .lSHED N· 3J.~~. """1II'IIIIrr r "l. .• ,~bUILOING \ ," ! ~ "' irO BE ~ .. ,;;;-,·.k •.••. \6"'.46 ~ h.!l~ ... b'.. . , .£ iOEhIOUSHED NOTES' BUILDING TO BE DEMOLISHED FOR OCCUPATION DOCUMENTATION PLEASE REFER TO RECORD OF SURVEY RECORDED UNDER ____ _ I~ Infrastructure ~ Consulting enu-.~ Corporation 1082 Kirkland Avenua NE, Suite B Renton, Washington 98056 ITel. 425-272·1020 Fax 425-272.1021 40200 4080 &' I·! SCALE IN ~ttl ~ .!!;. ~ PLAT OF VICTORiA POINTE OIWol. BY N.O. CHKO. BY R. BOYD CITY FILE NUMBER: ________ _ SCALE 1"-40' joB NO. 21505 SHEET 2 OF 2 ~' i~'il , I ~ , , J } ,~ ,,; ;[ ,'f' ," tf " u! ,: ... ! ~ >, " " . .. ,.--_._ .. --_."", ... -;~-..... '1 8._~.-. r • SECTION V OFF-SITE ANALYSIS CITYOFAENTON RlEt(eijVle1D DEC n 92005 BUJLOJNGDIV/SION \ ... " V Offsite Analysis Upstream Analysis Upstream area is bounded by Wells Ave North. It is believed that no significant off site runoff would cross over and onto the site. No intercepting ditches are needed to prevent runoff from entering the site. Downstream drainage Analysis: Levell Runoff from the development site will be discharged to the proposed and the existing public storm drainage piping that is located along Lake Washington Blvd. This system currently conveys stormwater south to a recently constructed storm drainage structure and then west for ultimate disposition at Lake Washington. Further drainage system investigation and survey reveals that this 12-inch storm drain that conveys the drainage west, discharges into a drainage channel on the east side ofthe railroad track. A 12-inch existing culvert west across the railroad discharges into a makeshift catch basin and a catch basin that is filled with rock An 8-inch culvert west across an existing access connects to a catch basin west of the access. There is an overflow riser within this catch basin that connects to a 12-inch drainage pipe that apparently outfalls to the lake. The above downstream system is not considered to be adequate to receive the 25 year 24 . hour conveyance flow. Therefore, existing drainage system, both north and south along -Lake Washington Boulevard were surveyed. It appears that with some relaying of the existing pipes-at the frontage, repair of the existing pipe north, and a new pipe south along the frontage will improve the existing drainage system substantially. At the same time installation of an intake riser on the pipe west from the drainage .structure at the . property frontage will reduce existing problems with the downstream system. Task 1. Study area Definition and Maps There is no likelihood that the proposed project activities could impact the upstream area with backwater conditions. The inflow conditions for the upstream drainage remain virtually unaltered. Task 2. Resource Review County topographic map and City drainage system information were researched, to determine if there existed an obvious sign of a downstream constriction in the capacity of FIGURE 5: SITE MAP I l /p---------------------------... --'-----.. --.-----~ . -.--~-.. ------------ ......... - :~::. ~'-~-: '\. "" ;Z"" ~_.-:. _. " •• ...... t-·: -.' -::: . . _. -~:.. -..:.' EX)S7/M§ bJ1f//7/oNS/ j?/f77&<f1 . i ,. ~----iOP !. -:= ..... -:.:. ;~ .' ... FIGURE 6: TOPOGRAPHIC MAP Map Output Page 1 of 1 iMAP -Sensitive Areas (all themes) --.. --:'-/ / / /' . / I / ... f I· / _/ ,I / -// . I ;:;;:;/~"Y~ i ., .,.,. .' l /,...,1 0' /. --,J ~:l ,I ( / " I ,! ,l /. ,r ,{ / ,I- f ' .. :. /. ..' / .j" ~,.(''''lt;~ '!S6t ,I '-'.f:' "t"t~/l1!$ .'1:'JIJ~"J'J!J.f/ : i!J!.r~~~'~I.f!J /1 l /' " / , /---/ -.I i ,--/" ---.. ',/ / I;' /./ / / I /:. i" I I ' , --'-------' " . / I /." --/---,'----«0-___ L_' ___ .. 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I I. :, -L I i' J ,. i 'L' l / ''/.i--'I' I / :'--/ / ( , " /4~''.J'J!J:Y/'.J /,: / / _.1 i /. :/ /: , It' I,i -Ii l:i' ,-I ; / Ii. : . / ,,; ,;,/ / ,:.J J,;;' It.: "I 6 f .-J~ ." >:U'>1'.J~;!J " , ; /' I ... .:' ,-' ; ~ ,. -7' :n'f;:~!J39Z'Ji" .:'J:Jof2~!J3!J..(5; 'n"z~!J~s .JJ.f~~~~ J:!.f::roOO1 f\~ . ;; ..... :' l /./ J34'21!J~25/ / ~ /! 1'1 Ii ,'/ ... i / ... ! ./ /i;) I ii / : / _,.' ' / ,/;: ,I '/;.' ii' "I' ,l / ! I : / . -'---,"--; f t ,: ,--~--r--:"-~---i---:-___ :._I. __ ,' j ....' / I i I { l f / ! i ,I i ' .' r--; -fi-II'~---~/---,/---} ---_f--------.l-------l--3 t6• H.y---. 7~ -~-/---~-,t ----/----/--l--~f : .. ~ : l I: l . , ~l{2!~;tl;~iJ / /! r-/ 1 . l JJ4Z:!J21$~~' ~--i--'---:;---I- : I -.: 3;U""!JZ/~9 ·1J.f~""!)"]/rr.t . I • "~':C" .. ~-:t/S5' ·rJ.(·"" ..... /9!J ~ J:J..r:"'~"1B!J. } '/ n.f2.!J~B.O : ·,..,.,·f1~-·lrt5 {CI::aoiKimlC .... At., (. I -'/' -:n4;!'!J;:l6;,' :7 ,. ~ I; nr--q'. . ~.' ~ . 11~'II)' r~' i· he iniormation included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties. express or implied. as to accuracy. completeness. timeliness. or rights to the use of such nformation. King County shall not be liable for any general. special. indirect, incidental. or consequential damages inclucing. but not limited tq, ost revenues or lost profits resulting from the use or misuse of the information contained on this map_ Any sale of this map or information on his map is orohibited except by written permission of King County, King County I GIS Center I ~ews I Services I Comments I Search . By visiting this and other King County web pages. you expressly agree to be bound by terms and conditions of the site_ The details_ hrrp://www5.l)1etrokc.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=overview&Clie... 9/2112005 Basin: OFF-SITE ANALYSIS DRAINAGE SYSTEM TABLE Surface Water Design Manual. Core Requirement #2 Subbasin Name: Suhhasin Number: SYI1lboi : . ,.~~ :~'. .,:>;:: - :/x::.Draina{)6:':·i. '. Component Type, . [:. Name,':andSize·· .':: D. ra. i/lage CO~P·9!,l,.e .. ~ti. SlOpe;,?; Di~~allce" .. : 'i.i:.E)(istil1o;' ., I} l. Potential.:.:.' Observations, of fieldinsp.eclor . ::::~ Oescript!0I1:,:: ,: .. :;.;)romslt~);. ;.::. Prohlems:' ... :; ·:prohlems . resource rovlower; or reSIdent ·:·:.:;::i:\ .. :i:):):.'.:,'::::...'disCtr8tttfL_·::,~,:.:L:"" . ..'<:, ,".' .. ,' ........ :.:.::.:.' ,. " .. , .... ,. I .Type; aheet flaw, $wale; iiee map :,. :!ltlleam;channel. pl~. . '.' .;>}.: .. i .. ,.,,',';.;..: .... :·.:.,::., """":;'(/:'::':,:::'ionslrlcIiOosj u,jder capacity, pondiIlO;' : ':. dr!llnaOI! bliillri,'\legetallon,'tOVer.U.':· ': 1141li1 iI. t ,320 ft ':'p\lertopplng; flOOding. habljat Of organl9m :·:r:·· .::: pond; Size:dlaineter,: . '. iurlace are'a .d~.plI~! .type .. ~~r.!18~11ve· Brea~~pl~I·~t· 'i"~ ,:,) .. :,:\::: :':':'~:;i~~~~~~~II:~~~:~~~~~~~I::~!'~:~~"" OJ 5fa 1Ict0 Chanlld fl.)O' 5 de.. cA"lO. 1'11(.\ 'De.... i'U noli-l fDa 'zf I '2..1 \ C U urerz:1 'It!:.ce1ved In ::5MllaJ dtl-cJl 10 e~/s-r, Culvert ® I ~ dmi~' ""; ~~12 1/ ~.t"I/'~ C . 2Y5i.ern _ ;.Vi.::?'fjk~OS~ t.K. 1' .. W ... _ "'''''_I lull. J..:JLVO ._- -z I ~o ® I Rt? '()i r'~H EX; ):4lu1ottP Oi'TC)/ ,. .----.-I4-o 'i L~;)'ti;.-z zrtG ® Ill! C-Ul'-ut·7' I /2/1 <,;,;",<!. 3,' 7 "<>'{r Z. 320 ® I i3;,'V S7f.I/tm PJ'lI/IN 'gl:.)/ 8 11 ("~wC . Sr(.jJtff} /)/Zf..,A I 70' IZII PI/-,E" (~) 'Z 4zu -- .: lrib~'~~~i~~,jikeilhood;Of piObrem;:' : overflow palhwsV!J. polentlallmpscls. ShollaJ dlch wdl ~ pIped-. ll\~!> ;((j=r e"rr;"z '" TO I'.(!J,'$L *,tl,x;.6JC >·"',e'ic!~ft(~J..o St:Plm~""'7,:I7'(v)'-l 1.rI ~rt-rt')l ~gd SiN ,f mtPA 4 C f-u.'lJP/~lr J!(:r.~()f<.7V:; LIT ahlll .• loc 11f1l92 the downstream conveyance system. Further field investigations and surveying became necessary and were conducted to obtain additional supplementary· information regarding the existing drainage system. This additional information was incorporated into the project drawings. Task 3. Field Observations A field observation was conducted of the down stream drainage system at Lake Washington Blvd. The site topo map, or survey, was also used in our design. Additional field observations and existing drainage system investigations revealed problems with the downstream drainage system west from the property frontage. Levell Field Study 1. The drainage system west reveals constriction.in pipe size near Lake Washington. 2. It is concluded that the constriction in the pipe sizes reduces system capacity. 3. There is reported flooding of the garage ofa house at the lake waterfront. 4. Sedimentation within catch basins near the lake causes reported overtopping. 5. No known aquatic habitats in the conveyance route. 6. The downstream area consists mainly of public right of way, ditches, and underground drainage system. The topography is mild to moderate sloping ground with ditches and stormwater piping west across Lake Washington Blvd and then towards Lake Washington. 7. Stormwater drainage pipe sizes reveal construction in pipe size. 8. Off site areas tributary to the project site were consistent with the site map included. 9. Reported flooding of a garage at the house at the waterfront. 10. The site visit was conducted on or about May 20, 2005. Additional site visits were conducted on November 21,2005 and on December 6, 2005. The weather was partly cloudy. Task 4. Drainage System Description Runofffrom the.site will be discharged to public drainage pipes via 8-inchculvert pipes located at Lake Washington Boulevard along the west property line. The existing drainage system is described earlier. It is concluded that the downstream drainage system requires improvements. These improvements as described below will . facilitate drainage flow north and south while restricting the flow into the west drainage system determined to be inadequate to handle the· entire conveyance flow. . :.., Problem description: The downstream system described earlier is not considered to be adequate to receive the 25 year 24 hour conveyance flow. The down stream drainage system as described and depicted in the City records is a not accurate. Based on further investigation, in our opinion some of the storm drains and catch basis do not appear to be adequately sized. We observed existing constrictions and obstruction in the system and heard reports of garages flooding at the houses along Lake Washington waterfront. . Task 5. Mitigation of Existing or Potential Problems ' The downstream system described earlier is not considered to be adequate to receive the 25 year 24 hour conveyance flow. Therefore, existing drainage system, both north and south along Lake Washington Boulevard were surveyed. . It appears that with some relaying of the existing pipes at the frontage, repair of the existing pipe north, and a new pipe south along the frontage will improve the existing drainage system substantially. At the same time installation of an intake riser on the pipe west from the drainage structure at the property frontage will reduce existing problems with the downstream system. The improvements proposed on the off-site drainage system along Lake Washington Boulevard as shown on the project drawings will prevent drainage from flowing west towards the problem area. Due to the installation of a riser intake on the pipe west the drainage will be forced to flow north and south . . To the north, existing pipes will be relayed to flow north and existing pipe further north will be repaired to remove obstructions. This system connects to a manhole with an existing I8-inch pipe system to the lake. This will allow a portion of the drainage to flow ·to the north where the exiting drainage system has adequatecapacity~ To the south a new pipe flowing south WIll be installed at the existing drainage structure at the property frontage. This will allow a portion of the drainage to flow south. In extreme conditions the overflow riser qn the pipe flowing west will provide reserve drainage route from the drainage structure at the property fronta,ge. ," LandAmetrB(C<B) Transnation Hi-Point Development 3904 Park Ave. N. Renton, WA 98056 REFERENCE NO: Altringer and Furrer Order No.: 20168802 Liability: Charge: Tax: TotaR: SUBDIVISION GUARANTEE 14450 N.E. 29th Pl., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0545 DEVELOPME CITY OF~~~~NING SEP 232005 RfECE9VfED $10,000.00 $ 350.00 $ 30.80 $ 380.80 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that' no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Transnation Title Insurance Company a corporation herein called the Company, GUARANTEES Hi-Point Development and Steven Altringer and Ronald Furrer the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: August 5, 2005 Transnation Title Insurance Company ~~ Subdivision Guarantee GNT004 Page 1 of 7 /v Order No.: 20168802 SCHEDULE A 1. Name of Assured: Hi-Point Development 2. Date of Guarantee: August 5, 2005 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Steven B. Altringer, also appearing of record as Steven Brent Altringer, as his separate estate and Ronald S. Furrer, a married person, presumptively subject to the community interest of his spouse on February 13, 1998, date of acquiring title, all as their interest may appear . c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MAnERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2005 BILLED $3,863.20 3342700368 PAID $1,931.60 BALANCE $1,931.60 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,931.60. LEVY CODE: 2100 ASSESSED VALUE LAND: $193,000.00 ASSESSED VALUE IMPROVEMENTS: $132,000.00. (COVERS PARCEL A) Subdivision -Guarantee GNT004 Page 2 of 7 ·3. Order No20168802 GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3342700376 YEAR BILLED PAID BALANCE 2005 $4,658.27 $2,329.14 $2,329.13 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $2,329.13.· LEVY CODE: 2100 ASSESSED VALUE LAND: $188,000.00 ASSESSED VALUE IMPROVEMENTS: $204,000.00 (COVERS PARCEL B) , 4. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2005 3342700377 BILLED PAID $2,023.85· $1,011.93 BALANCE $1,011.92 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,011.92. LEVY CODE: 2100 ASSESSED VALUE LAND: $170,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 (COVERS PARCEL C) 5. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2005 3342700375 BILLED PAID $3,139.41' $1,569.71 BALANCE $1,569.70 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,569.70. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: (COVERS PARCEL D) 2100 $248,000.00 $16,000.00 6. RESERVATION OF EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: PURPOSE: LAWRENCE E. ERIKS AND MARGARET F. ERIKS, HUSBAND AND WIFE ROAD AND UTILITIES AREA AFFECTED: RECORDED: RECORDING NO.: NORTH 15 FEET OF PARCEL D JULY 21, 1955 4597010 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: (COVERS PARCEL A) Subdivision Guarantee GNT004· CITY OF RENTON PUBLIC UTILITIES A PORTION OF SAID PREMISES JUNE 2, 1970 6660972 Page 3 of 7 8. Order No20168802 COMMUNITY DRIVEWAY MAINTENANCE AGREEMENT AND THE TERMS AND CONDmONS THEREOF: RECORDED: RECORDING NO.: JANUARY 25, 1978 7801250299 9. VIEW EASEMENT AND RIGHT OF FIRST REFUSAL AND,THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: APRIL 1, 1999 9904011590 10. MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NO. 20050708900001. 11. DEED OF TRUST SECURING A LINE OF CREDIT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: STEVEN B. AL TRINGER, A SINGLE PERSON TRUSTEE: TRANSAMERICA TITLE INSURANCE COMPANY BENEFICIARY: GORDON M. WALKER, A SINGLE MAN, AS HIS SEPARATE ESTATE ORIGINAL AMOUNT: $26,250.00 DATED: MARCH 6, 1996 RECORPED: MARCH 11, 1996 RECORDING NO.: 9603110904 (COVERS PARCELS BAND C) INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER/AGENCY/INDIVIDUAL. NOTE: CAUTION SHOULD BE EXERCISED TO ENSURE THAT A RECONVEYANCE WILL BE OBTAINED. 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: STEVEN BRENT ALTRINGER, AN UNMARRIED INDIVIDUAL TRUSTEE: LAWYERS TITLE AGENCY OF WASHINGTON BENEFICIARY: WASHINGTON MUTUAL BANK, A WASHINGTON CORPORATION ORIGINAL AMOUNT: $305,000.00 DATED: JULY 7, 2004 RECORDED: JULY 16, 2004 RECORDING NO.: 20040716001969 (COVERS PARCELS BAND C) 13. DEED OF TRUST AND THETERMS AND CONDITIONS THEREOF: GRANTOR: STEVEN B. ALTRINGER, ALSO APPEARING OF RECORD AS STEVEN BRENT . ALTRINGER, AS A SEPARATE ESTATE TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (COVERS PARCEL D) Subdivision Guarantee GNT004 LAWYERS TITLE AGENCY OF WASHINGTON WASHINGTON MUTUAL BANK, A WASHINGTON CORPORATION $143,000.00 JULY 16,2004 JULY 26, 2004 20040726001448 Page 4 of 7 14. Order No20168802 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (COVERS PARCEL A) STEVEN B. ALTRINGER AND RONALD S. FURRER, EACH AS A SEPARATE ESTATE LAWYERS TITLE AGENCY OF WASHINGTON WASHINGTON MUTUAL BANK $189,000.00 JULY 16, 2004 JULy 27, 2004 20040727002647 15. DEED OF TRUST SECURING A LINE OF CREDIT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: STEVEN B. ALTRINGER WHO ALSO APPEARS OF RECORD AS STEVEN BRENT ALTRINGER, AS HIS SEPARATE ESTATE TRUSTEE: PACIFIC NORTHWEST TITLE INSURANCE COMPANY OF WASHINGTON, INC. BENEFICIARY: SHORELINE BANK ORIGINAL AMOUNT: $600,000.00 DATED: JULY 27, 2004 RECORDED: AUGUST 11, 2004 RECORDING NO.: 20040811000451 (COVERS PARCELS BAND C) INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER! AGENCY/INDIVIDUAL. NOTE: CAUTION SHOULD BE EXERCISED TO ENSURE THAT A RECONVEYANCE WILL BE OBTAINED. 16. DEED OF TRUST SECURING A LINE OF CREDIT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (COVERS PARCEL A) STEVEN B. ALTRINGER, WHO ALSO APPEARS OF RECORD AS STEVEN BRENT ALTRINGER AND RONALD S. FURRER, WHO ALSO APPEARS OF RECORD AS RONALD FURRER, EACH AS THEIR RESPECTIVE SEPARATE ESTATES PACIFIC NORTHWEST TITLE INSURANCE COMPANY OF WASHINGTON, INC. SHORELINE BANK $600,000.00 JULY 27, 2004 AUGUST 11, 2004 20040811000453 INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER/AGENCY/INDIVIDUAL. NOTE: CAUTION SHOULD BE EXERCISED TO ENSURE THAT A RECONVEYANCE WILL BE OBTAINED. Subdivision Guarantee GNT004 Page 5 of 7 17. Order No20168802 DEED OF TRUST SECURING A LINE OF CREDIT AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (COVERS PARCEL D) STEVEN B. ALTRINGER, WHO ALSO APPEARS OF RECORD AS STEVEN BRENT ALTRINGER, AS HIS SEPARATE ESTATE PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. SHORELINE BANK $600,000.00 JULY 27, 2004 AUGUST 11, 200,\ 20040811000496 INVESTIGATION SHOULD BE MADE TO DETERMINE THE PRESENT BALANCE OWED BY CONTACTING THE APPROPRIATE LENDER/AGENCY/INDIVIDUAl. NOTE: CAUTION SHOULD BE EXERCISED TO ENSURE THAT A RECONVEYANCE WILL BE OBTAINED. NOTE 1: 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. PTNS TRACTS 79-80 C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIV NO 2 NOTE 2: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF·THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: CWC/amh TRANS NATION TITLE INSURANCE COMPANY 1501 -4TH AVENUE, SUITE 308 SEATILE, WA 98101 . ATIN: RECORDING DEPT. Enclosures: Sketch Vesting Deed Paragraphs all recorded encumbrances Subdivision Guarantee GNT004 Page 6 of 7 Order No.: 20168802. EXHIBIT "A,." PARCEL A: THE EAST 300 FEET OF TRACT 79 IN HILLMAN'S LAKE WASHINGTON C;ARDEN OF EDEN ADDITION TO SEATILE NO.2, AS PJ=R PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 64, RECORDS OF KING COUN1Y,· ' . EXCEPT THE SOUTH 90 FEET OF THE EAST 140 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR ROAD PURPOSES OVER THE NORTH 12 FEET OF SAID TRACT 79, EXCEPT THAT PORTION LYING WITHIN THE MAIN TRACT; SITUATE IN THE CI1Y OF RENTON, COUN1Y OF KING, STATE OF WASHINGTON PARCEL B: THE EAST 125 FEET OF tRACT 80 in C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO.2, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 64, RECORDS OF KING COUNTY; . SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL C: THE WEST 100 FEET OF THE EAST 225 FEET OF TRACT 80 IN C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN NO.2, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 64, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL D: TRACT 80 IN HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATILE NO.2, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 64, RECORDS OF KING COUNTY; EXCEPT THAT PORTION THEREOF LYING EASTERLY OF A LINE PARALLEL WITH AND 225 FEET WESTERLY OF THE EASTERLY LINE THEREOF; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATIERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATIACHED. THE COMPANY ASSUMES NO UABIUTY FOR ANY MA TIER RELATED TO THIS SKETCH, UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 32 TOWNSHIP: 24N RANGE: 05E SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects. liens. encumbrances. adverse daims or other matters against the title. whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or. (2) Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings. whether or not the matters exduded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining daims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights. daims or tiUe to water. whether or not the matters excluded under (1). (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following; (a) Defects, liens, encumbrances, adverse daims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth"in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and spedfically set forth in said descriptlon. (b) Defects, liens. encumbrances, adverse daims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms, The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A), (C) or in Part 2. and improvements affixed thereto which by law constitute real property. The term "land" does not indude any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed. or other security instrument. (dj" "public records"; recoras established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowtedge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Ctalmant, An Assured shall notify the Company prompUy in writing in case knowtedge shall come to an Assured hereunder of any daim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or da""ge for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter. or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute, The Company shall have no duty to defend or prosecule any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the tiUe to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or da""ge to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right. in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasOnable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) 5, 6. 7. 8. of the Company may be necessary or desirable to establish the tiUe to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to fumish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. ' Proof of Loss or Damage. In addition to and after the notioes required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and swom to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage. the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage, Further, if requested by any. authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records. books, ledgers, checks. correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disdosed to others untess, in the reasonable judgment of the Company, it is necessary in the administration of the daim, Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by taw or govemmental regulation. shall terminate any liability of the Company under this Guarantee to the Assured for that daim. Options to Payor Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: . (a) To Payor Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or setUe or compromise for or in the name of the Assured any daim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to punchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attomeys' fees and expenses incurred by the Assured daimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of daim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shan transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the daimed loss or damage. other than to ""ke the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. and the Guarantee shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Seltie With Parties Other Than the Assured or With the Assured Claimant. . To pay or otherwise seltie with other parties for or in the name of an Assured claimant any daim assured against under this Guarantee, together with any, costs, attorneys' fees and expenses incurred by the Assured daimant which were authorized by the Company up to. the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the daimed loss or damage, other than to make the payment required in that paragraph shall terminate, induding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. Determination and Extent of Liability. This Guarantee is a contract of Indermily against actual monetary loss or damage sustained or incurred by the Assured daimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exduslons From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not, exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or . (c) the difference between the' value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. Ltmitatlon of Liability. (a) If the Company establishes the title, or removes the alleged defect, iien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, induding litigation and the completion of any appeals therefrom it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby, CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court Of competentjurisdiclion, and disposition Of all appeals therefrom;adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10, Payment of Loss, (a) No payment shall be made without producing this Guarantee for endorsement Of the payment unless the Guarantee has been lost or destroyed, in which case proOf of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent Of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage' shall be payable within thirty (30) days thereafter. 11, Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right Of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person Or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies Of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the ntle Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out Of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach Of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in .excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is tocated permits a court to award attorneys' fees to a prevailing· party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having juriSdiction thereof. The law of the situs of the land shall apply to an arbitration under the nile Insurance Arbitration Rules. A coPy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim shall be restricted to this Guarantee. (c) No amendment of or endorsement to .this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company, 14, Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be fumished the Company shall indude the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) §€ ~<: ~ ©l ~~ 0: ~ ~ !z1.U C'O') cr. "'= llJ l!. "'-J .~ ~o tb fd 8;:: rdQ (f) @t: ;;:. 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STATUTORY W AUANTY DEED 1'6"--L.Pe-10 hc:1'OW 110. 6970672 hf.INDce llallbers of "la~ ~t.1 !riUe Ordar 110. 0216507-;} rmELm NATIONAL 1I'!TI.1 for and in consideration of tar.1I -._.of fl0.00 l1li4 otIaIBr Sood alIId y.llUlbllB ·aOD .. ida~ .. t.iOll in hand pl!id, convey. and IoU"lUlts to IIDVIIIIII. &'nInraa, __ rded' pIIr80D the follOWing dellc::r1bGd real Clstate, situated in the COUnty of JtIJlG, State of Wllllhingtonl mAC'!' 110 OIP 1UUoIIIIUII'. u.DI fIlIIUIII~ aaaDDI OF ImIIII ADDX'nCIII ~ mIAftUI 110. 2, ACCOIU)UIQ !I'll 'DIll III'I.oolI.!f DBIlIOP IU!COUIID Df VULUIIIIIII 11 011' ~, PAaIII 64\, IIBCOJID8 OF JtU9 COOftli',' WlUiIJIICnCIII; - IlIICll1P.r '!rIiIAT PCBI:rICIII DIIIIIIOF LYUIG BU'DllLY 01' A LDIIII II'AiIALLIlL m:s AIm 225 ~ WBIII'DIIIL1I' OP !rill! anBI'IL! LDi1!I 'ftIIIIIBOII'. SUBJBCT~: B4oe=ento, "eBt"ictionm and "IBaervationa of ,,&cord including an Basement for road and utUity recorded under Auditor's 'No. 4597010. Dated: AUVUQt 15, 1997 State of Washington }1IIiJ. county of -lIlpaluuuJ Not of WIIIBhington £i563513 08/28/97 205000.00 .-.'~ " " WIlEN IIJ!a)RDED flIm/lIINTO STBIimu B. ALTRJItGQ P.O. 8OJ: 3557 SBA'I'rLII, WA 98124 CHICAGO TITl.B INSURANCE COMPANY STATUTORY WARRANTY DEED ,0'" 496395<7 FBBRUARY 13. 1998 THE GRAI'O'OR fOl' sod ia am&idenIIioaI of '1'BJIl DOLLIIRB lUiD 0ftIIIR GMXID AI!ID VIILUIUILII COllIS IDJIRA!'IOIt in bud paid, CXlIIIIWlJU _ WBmI/Ida to IimIMII'J E. AIoftI __ • A RaIiUlIIIID IIWI JIB HIS Sl&l'ABIlft IIftaft UD 1iC*AUI 8. FtlJUIBR. A JVIJlRIIID 11M! AS BIS SJU'AJU\tB 118'rAU the fol!oWls cbcribed r=I CIIbJIe sihetcd ia the Comdy of Tu Ac:comI4 Nalber(1): 334210-0368-02 DBT 300 ITDT 011' TJIACT 79, IttUdUIIII'S uum WASHUIln'CIB GARDDI OP imP ADDI!'IOIII '1'0 SDn'UC 110. 2, ACICORDDIG '1'0 '1'l1lI lI'IA'l' 'fIISRBOl", RllCDlllDBD III vm.UIIB 11 011' PLA'1'8, PNm 64, IIG IUIiG CIOU1I'l'1', IllASBIIIIJ"l'OIIl, UCU'l' 'fRB IlOOTB 90 nlIIT 011 'I'&lI liIAft 140 I?ItIft ftIIIIIIIDOII'. '!OaftBIDl WJm All IlASIDIIIII'f' lOR aaaD l'VIU'OBBS CMm 'rim III»mI 12 II'DT 011 SAID TRAC'l' 19, UClI'IIi'T THAT POMIOJI LlI'IH mmII1 'fUll J6IUIII 'fIIUIClr. SUBJIIC'l" '1'0 c:cJm)I'l'IOII!IS Sir: JPORft QIJ IiWIIBI!' A AftAamD D1IIim) AIID IUWII A PlUt'l' IIJIRBOII' 4806.00 -.-- • -1.". . I .-:~:·.~~':";~~;~]5;:{~};~f1:1;k~~i~~~;, - STAB 011 WUlBIJiG'I'OIU II" oomrrr 011 IitIIiIG CIIlII 'l'BIS ,q ~ D.U' 011 lnWIJIIAIlY. 1998 E!!D'QID D. !B UIlDJIIISIGIIII:D. A I!ICn'AIlY I'UBLIC IJI UID II'OIl DB ftMlI 01i' WA5BIJIG'ftE. Dm.Y CDiIIIIlISIIIOfJIID HiD 81fOIIII. PmlSOf1AI.LY U1'lIU\IIBD JAY B. W"C'iID&IBS" IIIID LIIISL&m' IUWitL1D m:c;:uDL&8S TO IIIB 'fO ea 'II1II lIiIDIVlDUAL(Il' DrUilauDlm III AIIID .., iWiCiIi'SD 'ftI!I WIftlIJJ I11IS'l'IUIJUiIll'i' NID ~ 'ID7 !BYSIGIIII:D JIlIJD fIIIALID ftIIl BAIG! AS THIllI' ",.. AIiID VOLDJI'I'ARY ~ MID DIIBD. I!IUIt 'II1II USU·AIm PO!IP08JI8 Bl!IRJIIJJ Mllln'IOIID. y/J} i&? .pitP;}" \ f .. ~ :.' . '. &aut.7 NG.: 496395 Cln-OJ' IR!IIr1'OIID PUBLIC U'l'ILl'l'IBS JIIiIOR'l'II 15 nft UD Ta IIAS'l 10 I'11III'1' 01' 'J'D WB8'1' 160 I'D'1' OF SJUD PRIIIUSU .nJD 2, 1970 6660972 c::ovmIAJft' YO IIDR PUT OR ALL OF TBB CII:)ft' OF OOIIS'DlUC'1'IOil OR UPIUll OF BASIrMIAn' aRAJl'll!'m) 0YlBR IU)JACBIft PlIOI'BRTr. QOIINU1II'l'1' D:RIVIInIilY 7801250299 r .~. After recording mail to: MORGAN & McDONALD, P.S. 17448 Old Haghway 99 SE . TenDlllo, Washington 98589 IIII~~IIIIIIIIII 20020214000005 RLTRINGER . QCD IS i8 ~ Ht OF tII2 12/14/2182 88.38 lUNG COUNTY. lolA E1867823 e2/14/2182 11.31 KING COUNTY I lolA TAX SZ .. SALE $1 .. PAGE eel OF lIIel QUIT CLAIM DEED THE GRANTOR, DONNA MARIE AL TRINGER, former spouse of Steven Brent . Altrmger. pursuant to the terms of the Property Settlement Agreement between the partIes, whIch WIll be presented to be approved by the court In Kmg County Supenor Court Cause No OI-3-07562-8KNT, In re the MarrIage of Steven Brent Altringer and Donna Mane Altnnger, does hereby convey and qUltclaIm unto GRANTEE, STEVEN BRENT ALTRINGER, all nght tItle and mterest of the Grantor In and to the follOWIng descnbed real property located in KIng County. Washmgton. InCludmg any mterest therein whIch grantor may hereafter acqulre Also idemtnfied as King County tax parcelll1lo: 334270-0375-03 Tract 80 ofC.D Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No.2, EXCEPT THAT PORTION thereof lying Easterly of a line parallel with and 225 feet Westerly of the Easterly lme thereof, SUBJECT TO: a non-exclusive easement for Ingress, egress, roadway and utIlities over, under and across the Northerly 20 feet of said tract. (Commonly known as 3702 Lake Washington Blvd N., Renton, Washmgton 98056) QUI r ClAIM nerD 2~·Allnngcr/AltrmgLr J ~ '!:) o ~ o o ..::rI l"""I C\l o o-.l o o C'l .'~ ... Dated thIS ~ day of February, 2002 Donna Mane Altnnger(l STATE OF WASHINGTON ) ) S5 COUNTY OF KING ) . On thl~ day personally appeared before me Donna Marie Altrmger, to me known to be the mdlvldual described m and who executed the wlthm and foregomg mstru t, and acknowledged that she Sign:,:: s::~m::::: ::::::::~sd deed, fo urposes -z men_ Notary Public," and_fortl,yt State of Wash mgt on resldmg at /tz1/ik...{pv.../ . My appointment expIres I(f)~ )J-L.coy " QUI r II AIM DE.ED 2--Al1nngt!rl Alrnngcr2 After recording mail to: MORGAN & McDONALD, P.S. 17448 Old Highway 99 SE Tenino, Washington 98589 1111111111111111 20020214000006 ALTRlNGER . QCD 18 IllS PAGE NI OF HZ 0Z/14/zaez II 38. KING COUNTY. lolA. QUIT CLAIM DEED fHEGRANTOR,DONNAMARJEALTRINGER,formerspouseofStevenBrent Altnnger. pursuant to the tenns of the Property Settlement Agreement between the partIes. whIch wIll be presented to be approved by the court m Kmg County Supenor Court Cause No Ol-3-07562-8KNT, In re the Marriage of Steven Brent A ltnngerand Donna Mane Altnnger. does hereby convey and qUItclaIm unto GRANTEE, STEVEN BRENT AL TRINGER. all fight tItle and Interest of the Grantor m and to the followmg descnbed reaJ property located m Kmg County. Washmgton. mcludmg any Interest therem whIch grantor may hereafter acqUlre Also identified as King County tax parcei nos: 334270-0376-02 & 334270-0377-01 Parce1 A: The East 125 feet of Tract 80 of C.D. HIllman's Lake Washington Garden of Eden No 2, as per plat recorded m Volume 1 ] of Plats, page 64, RecordsofKmg County, . Situate in the City of Renton, County of Kmg, State of Washington Parcel B' The West 100 feet of the East 225 feet of Tract 80 of C.D. Hillman's Lake Washmgton Garden of Eden No.2, as per plat recorded in Volume 11 of Plats, . page 64, Records of Kmg County, .. Situate m the City of Renton, County of Kmg, State of Washington. Together with an easement for road and utility purposes over the northerly 20 feet of that portIon of said Tact 80, lymg westerly of a line parallel WIth and 225 feet westerly of the easterly lme thereof, ~ SItuate 10 the City of Renton, County of Kmg, State of Washmgton (Commonlyknown as 3701 Wells Ave N., Renton, Washmgton 98056) ()I!lT CLAIM DI 1 J) 1·-Al!nnger/Allrmgcr I ~ ~ ":) .:> Q '::> -J' ~. :-l. o C\l' o o C\l . Dated thIS 13day of february, 2002 -0 . . ~ Q')~ Donna Mane Altnngt;:: STATE OF WASHINGTON ) ).~s COUNTY OF KING ) On this day personally appeared before me Donna Mane Altrmger. to me known to be the mdlvldual described In and who executed the wlthm and foregom mstr ment, and acknowledged that she signed the same as her free and voluntary act and deed_ tor. . d purp therem mentioned Given under my hand and offiCial seal thiS > a QIJII n AIM DI+ [) 1.-Altnngt:r/Altnngcr2 . -. After recording mail to: MORGAN & McDONALD, P.S. 17448 Old Highway 99 SE Tenino, Washington 98589 IIIII~IIIII~IIII 20020214000008 ALTRINGIR QCD se .• PAGE 181 OF en 82114/ZfN2 e8.H KING COUNTY I UA E1867825 eZ/14/ze1Z ea 3& KING COUNTY I UA """ TAX $2._ SALE $8 n PAGEt HI OF eel QUIT CLAIM DEED THE GRANTOR, DONNA MARnE AL TRHNGER, former spouse of Steven Brent Altnnger. pursuant to the term~ of the Property Settlement Agreement between the partIes, WhIch W111 be presented to be approved by the court In Kmg County Supenor Court Cause No OI-3-07562-8KN I, In re the Mamage of Steven Brent Altnnger and Donna Mane Altnnger, does hereby convey and qUItclaIm unto GRANTEIE, STEVEN BRENT ALTRINGER, all ngh~ lltle and mterest of the Grantor m and to the followmg descnbed real property located m Kmg County. Washmgton, mcludmg any mterest therem whIch grantor may hereafter acqwre Also identified as Killllg COlll1lty tax parcel no: 334270-0368-02 East 300 feet of Tract 79, Hillman's Lake Washmgton Garden of Eden Addition to Seattle No.2, according to the plat thereof, recorded in Volume 11 of Plats, page 64, in Kmg County Washmgton, Except the south 90 feet of the east 140 feet thereof. Together wIth an easement for road purposes over the north 12 feet of saId Tract 79, Except that portIOn lymg within the Main Tract. (Commonly known as 3638 Lake Washmgton Blvd N., Renton, Washmgton 98056). QUII <. I AIM DH D 3-·t\llnng~!/t\llrll1g.:r I 00 Q o o o o .t! . ~ c-l C C'l o o ~ Dated thIs ~ay of February. 2002 .·~m~ Donna Mane Altnnger Given under my hand and offiCial seal thiS ary hc~ aJ'!,dfor ~e State of Wash mgt on resldtng at _JC--,l,-~-,-=-=--:-:::--:..-__ ---:~ My appomtment e>"plres 1(; -:¥ -2..drJ'1 QUI r Cl AIM Dl:eD 3--AltrJnger/Altflng~r2 Co,., Jill 21"-55 lAf// 14591'010 uS J\l115 .. 5~ '%pd 185"9 TJDi ~.".Dd Be £rUta " arprot '9 Inkl, h.&Iw. 10 1111.,., J. lott.m 1/ lapi. 'f .. Ho1t.,_o~"· -ft elite €)D.·JU.l:..n', LakG W8llbbPn III'deIl of Men - 4dd1'1 •• '. "."1. II, ;'."8 to ".1 n .t plat, PI 6_ 1ft k01i &XCI"' til' pOl" '. be( lPI 11, of • ln, pl. and US C WI, of c.tl.e all ill ,bet _ ,- Rflllenlna, tba"frQCI" b .. e" •• , am ••• , tor 1'"61 ana u'l:tttJ purp over ,be PJ1J' 15' of .d PP'7 tCll' ~a. be_tit of tht por ot ad ft 80 ",.t., _,. .• 11e .. t b1n In ~oMot 811 ,he ~NCI •• el1 •• ~b.J9 cows .nd AgNe. tnt pun bn fta_ ,he tirli 1'1i~t '0 pur tpq .ellt9fi ,.,. rella, .f' .. ed ft 180 P"_ ainu"" ad $eel'· In ,"-ov.~~ i;'. I.ll.~. hrttr .loot ,., Hl1 ,he e. , .... , Upon luoh t.~ and ,rlo ...... , ~. 'hen I~.d b~both pa,.tl~., or ae .811eN _, !))J'&0Pf) •• t r-.~ a'he. tbeft , proepeotlvtJ puponr !be purob.r bin 'C ba'le 'ae tirll' . opportunlr "Dei r1iht· orr.tu •• 1 '0-puro~e. et1 ralitftfJer 6f ," it :2pon t~9 priM &~ teNa at "boh it ., ~ otf$r&:i tc any 0 ~h'jJr.o or whch My b@ _&Ncd bata" bbit. par'1.ea tCot'\)ttdon2ivl~ ",Is . ;' . i::<"fYf::i;~;:~:':ti~ ::~.' oo::=.:e~~~iriW:~~~: ____________ ~ __ ~ __________ D ________________________ ~_'~_.~ ______ ~and _____________________________ ; ________________________________ ~and~ __________________________ ; hereinafter caned .. G~antor(s)lIIf) and the·CITY OF REfiTat. a Municipal Corporation of King (~untY9 Washington. hereinafter called -Grantee-. UI n4ESSETH : That s~id Grantor(s). for and in consideration of the sum of $ .J.t;S - _ oaid by Grantee. and other valuable consi ration, do_ by these presents. grant, bargain. sell. convey. and warrant unto the said Grantee. its successors and assigns. an easement for public utilities (including w."':ter ~nd sewer~ with necessa!'Y' appurtenances ove~1I through. across and upon the . follo\~lng descrlbed property In King Co"nty, Washmgton. more particularly d~scrlbed as follows: The East 300 feet less the South 90 feet of East 140 feet of Tract 79, C.D. Hillmanos Lake Washington Garden of Eden Addition to seattle No.2, as recorded in Volume 110f Plats, Page 64, Records of King County, Washington 0 This easement consists of the North 15 feet of said East 300 feet and the East 10 feet of the west 160 feet of the above described property. Together with a temporary construction easement described as: The East 140 feet and the North 30 feet of said East 300 feet and the East 30 feet of the West 160 feet of the above d~scribed property. .. '!:"i ,_OJ Sah' herfltofore mentiOMd grantHo U$ SllIccuson or. assigns\I Shisn 'lat'lt! t~e ri~t. wi r.~t prio:" notice oU" proc:eedhag'it Jawo £It such U.s H r.ay De nE:r:e~sary til enter utfm said above descrilK4prope~ for tile purpose of constrnctfngll fft.jintain1n~9 repairing. altering or' ;ec:om,tMDCtingj uid util \t~ 9 or making any conne:ctions thenMith9 withct:t inasn1!ig any legal obli9at1oll~ or liahili ty ~;--eforeD ~rov1ded\l that such constructiom, Nhllt- ainlng"repairingD 'lltenfllg or reconstruction ,of such utility shaH !be ae~Hshed ' in such a man~r that the private fmproYellenu existing ha the nght(~)-of-w&y shi'lll not be d1stributed or daNgecill or 'fin ·the event they are dhwrbed or dam- aged. ,they will be replaced in as good a condi'tion as they were iamedh\tely before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy the afore oescr1bed pfemise$. including the risht to retain the right to lise the surface of said right-of-way if ~uch use does not interfere wit" installation tloJd maintenance of the utili ty lime. However. the grantor shall not erect buildings or structuresoverf) under or across the ! ight- o~-way during the existence of such utility. This easement, shall be a ~ovenant running with the land and shall be binding 'In the Grantor. his successors. heirs and assigns. Grantors covenant that they 3re the lawful owners f the above properties and that they have a good and law- ful ri 9 is a::-eement. STATE OF WASHINGTON· COUNTY OF KHIG ~ ) ss and and ____________ ~~~' ________ __ and ------------------------------- and I .th. e undersignep, a notary public in and for the State of Washington. hereby certify that on this/~day of fI&~.4kuv.r: . 1910 personally appeared ~~~c:;t;4f.·e?L2.~f},V4/ ~:.I etilt!d0ttn.ev . .::nd --" . 9' 17 ---------------;~-------------------and ; . and------.;.----; to me Im~n to be indlVi ua in and \'/ho executed the forego~}?trument9 a!:d acknowle ged that ,--tII.~~b ____ _ s i gr.ed and sealed the same as ~ free and voluntary act and dee ilnd ;wrposes there; n menti oned. . ,-'-........ '.-... . " .......... -. ~. ... . •• t '1 ::;., ..... . .. -~~ ........... "" .. . •.. ~ ... ~ .... ~ .... ~ .... ... ~ ,") •• ' 9'fl.-< .... , ~ ~.; .. ~ ~ c.> (J> ., ~ 1 .• 40. ~ ._ fIII"~" 0 :z"'-· -...JJ ~cGt: ,,...:~ ~ I rD a>o:!I:: : ;, 0 == ... :¥ ".'. --.'-.. ..... l .... -. " -,--. ~:_~.:.."' ..... l... riled ler R~'.2-1'}'" R~ues! !If em ClERK i ~\U "}~; , ~-. "".!. . ' .• -t -.~ . . 'I.,. ~:.:.:.:~~,.". ,ROBERT A. MORRIS, County Audimr , ~ ( i t I I I I j 1 t ! ,,0' 01 m ('\J C> :.0 N ..-- C> CO r- '.' . '".,':., The unde:-s;gned, by 1hoir execu~ion of 'r:lIS cgreemelJ"f ?cknowieur:e that they are rho:: m .. r.er.,; 'J1 adjoini'19 ,'edl estate arid th~t in con- necti.;>n ",j+r. their uSE' ci each Q~ their f"es~ective preperti£;s Th·::1 tr:ey share In corr,mor, ~he ~s'e of ,1 comrnc,r: drive;;ay, nleasu,'ng i2 "eet in wic'th b', 132.1 feel :r, len9th, I"lilich CC!r!lT"On drlvey;ay :-; legC:liy described as fol lows: T~e Norto 12 feet cf Tract 7q of Hi I Iman!s LakeWashlngton Gardan of Eden addition TO Sec;ttle ~~o. 2, as~'er pl:.t recorded in Vc!ume Ilof Plats on page S:i, r~cordc; of Ki!lg Ccuni'l; EXCEPT the East 395 feet t-herecf; Situate in the County of K i rig, Stdte of \<iash i nston. Sa j d unders i gned part-i es, for and in corl:5! derat i en of the ~utua I neneflts to b6uerived therefrom, 10 furtner aaree that they .... i II hen~c ;crt~ st;~:-c acp.;::!!"; "! r. the ;,-::;!. r.+cn~n::r. 3r:j :..:;: ~'=c~ C:-::3":: common driveway as has been done in the pasT. Said undersigned parties wi II share in 7~€ cust of grading and gravel used to main- tain driveway: Any upgradinp of driveway such as asph~lt or ~un­ crete wi I: be of mutual '3greement as far as ~haring co:·t. I;lis agreement shal I run with -the l'3nd and b~ bindi'1g upo~ +he successors and, ass i 9ns of each of tt.le unders i gned. ' I ~. ~: \.'\ '~/,....... ~.;,I ('J' , ~ . ." ;k , / __ .£_ ~~ .. _------L _ ~. -' . )~" ~'I ·r Oc: b WO :2 o:~ Co -> ~ :J.-OQ tJ' 0 '1l ''0 0: .... r8 Om zO: x8 I c:( !-c:. :J~\ ::! ~' U "\ ~ \ II. ~ 1/6 Inter 1/6 Inter . 1/6 Interest- STA'IE OF WASHINGTON. County of King ss. 1/6 Interest ~.j Atd&mJ ~~"'::;~~~.V~'~.;tq '. 7, • / po,.'~"'t:) \ I. • ':. ,-"" , II' ~ , 11"': • 1/6 Interest (' i 00; .:>.,' .r !. ~. ~ . i flI : ' " .. ., ! " :~~"" ; ~'" l ~'<;l .... un this day personally appeared befc.re me Leslie R. Jones, Eth!..:.~~~~"'es.::. ~.­ Elvin'H. B~rr.e8,Tina Eileen Barnes, Brauley D. Graham. Diane F. Graham to me known to be the individuals described in and ~o eXl'cuted the within :::wi forego.ing ino;truo...::.,i;. ami acknowledged to me that they signed the same ItS their free and voluntary act and deed for ,the purposes therein mentioned. Given under my h~nd and official seal~s ___ l~th day of !anua:>' • 19 78 ,---_\~.~.,~~-~- I, \. , . • ~ ~ AFTER RECORDING MAIL TO:· :!! := ... 8 STEVEN B ALTR!NOER P.O.Bex )551 ;i "" ~ SlCattle. WA 98124 ~ ~ 12-I § u-?£~l\ liCi -2--VIEW EASIEMENT AND RIGHT OF FIRST REFUSAL ~ VIEW EASEMENT AND RIGHT OF FIRST REFUSAL executed this 24th day of March, 1999, by and between STEVEN B. AL TRINGER, a married man as his separalc est.arc ~ and RONALD S. FURRER, a married man as his separalc estate, (hereinafter referred to as 8 "ALTRINGER-FURRER"j, and ROBIN N.G. SHAPLAND and JOAN 0.0 SHAPLAND, h~sband and wife, (hercinaftet n:fem:d to as "SHAPLAND"). WHEREAS; AL TRlNGER·FURR.ER are the owners, in fee simple, of tha.a cel1ain real property c.ammonly 1cn~1I as 3638 Lake Wasbingtnn Boulevard North, Renton, Washington,. legally described as follow$. The East 300fc:et of Tract 79 of Hillman's Lake WashingIDn Garden of Eden Addition to Seattle No.2. ac.ording to the pial thereof TCCOI'dc:d in Volume II of P/aIs, Page 64, in King County, Washington; EXCEPT the South 90 foCt of the East 140 feel thcrcof'; TOGElHER WITH an Easement for road pwpo.ses over the North 12 feet of said Tract 79, . EXCEPT that portion lying ..... ithin the main tr.\et. . (huelTlujier re.l~rrW to as "Par"1 A " TAX PARCEL NUMBER: 33427~368.o2 AND WHEREAS; SHAPLAND ~ the owncts, in fee simple, of that CCI1aiII real property comtnoIIIy knln\1I as 3627 Wells AvenUe North, Renton, Washington, legally described as follows: The South 90 feet ofthc Wi 140 fccI afTlad 79 of Hilhnan's Lake Washington Garden of Eden Addition to Seatt1e No.2, according to the plat thereof recorded in Volume 11 of Plats, PIF 64, in Kirig County, Washington. (hertllflJjler ref~rred to ai "Parcel B") TAX PARCEL NUMBER: 334270-0371.07 tIei:I *m ".,.-rIi) fW .. ,...,. ~""'UdIr8T_IIIIACCOmIllOdl!lion ~,Il--"~es80P'Of* ~""~""'1IPIIA1lIIe.. vaw Il.ASEMVIT AND iUGHT Of m&ST 1l1nJ5AL -,. I gf 5 - '. • ,'"" AND WHEREAS; the parties bmto do hereby dt.sirI; to establish and creale an easement to protect the view of the above dacribcd. Parcel B, to provide for the maintaIance of said easement, and to provide a Right of First RefUsal to At 11UNGER·FUR.RER to purchase the above described Parcel B; WITNESSETH: NOW, mEREFORE, IN CONSIDERATION of tile mutual promisc&, ~VCIWUS and ~ contained hcmn, and the mutwiI bellefilS to be derived therefrom, the parties hereto do hereby promise, covenant and agree: as foIlOl\'$: . l. VinT £ellement. AL TRINGER·FURRER docs hcreb)' grant, ~nvey and confirm to the present and future owners of the above: described Par~ B, their heirs, CXQ;\I1Ors, successors and/or assigns. an easement for a view to the West over a portion ofthc alxwe described Parte! A, ' at a height offift.een (15) fed above the ground elevation oflhosc ccr1a.in Silver Birch and Maple trees described in Paragraph 2 below, wbich Vicw Easement shall be for the sole benefit of the above dcstribed Parcel B ovcr, under, upon, across and through the following described rcaI property: The West 160 fcx:t of the East 300 feet onract 79 of Hil\man'sLake Washington Garden of Eden Addition to Seattle No, 2, according to the plat thereof m:ordat in Volume II of Plats, Page 64, in King County, Washington. (herel1lojier referred to os "View F.asemenl"' 2. Maintenance of VieW Eruenledt. The owners of the above described Parte! B shall be soleI)' responsible for the maintawICC of the said View Easement and shall bear SOlely all of the costs and expenses thcl"e()f Said main~ shall consist solely of the following: (a) cutting dm\n the most nonherlr two (2) and the most southerly one (I) of the SIX (6) Silver Birch tm:s locatcrl east of the existing residential structure situated on the above ~ribed Pan:.:1 A; (b) trimming andIor topping the remaining three (3) of the six (6) Silver Birch trcc:s located cast of the existing residential structure situated on the above described Parcel A; and (c) trimming and/or topping only the northeinmost of the two (2) Maple trees located west of the existing residCntiaJ structure situated on the above described Parcel A, all of which trees arc located within the asca of the above described View Easemmt. 1'110 other trees, shrubs or olber vegetation shall be Irimmcd, topped, removed or otherwise distwbed without the prior written IlOIISCIIl of tJu: O1MICni of the 'above described Palce1A, nor does litis View Easemmt apply to or prohibit any stnIdUrcs or intprovcmen15 V.i1ich may be plaa:d upon the above described Par.:eI A. All t.rinuning and/or IOppins conducted upon the abaVci Ibcribed View Easi:ment shall be eonductcd by a licensed, bonded and insured tree service'in accordance .",ith good azboreaI andIor forestry practices and upon the giving of at least five (S) da)'S prior wriUaJ IIOtic:e thereof to the owners of theabovc dcsa1bed Paled A. There shall be no tlltting, felling or removing of any of the above described trees situated upon the ab<n-e described View Eaaanmt without the prior written c:GIISCIIl of all of the: owners of the above described Parcel A, unlen such cutting, fdling or rcmoviQg is necessary to prolect the health and/or aaf~ or persons and/or property, or u required VIEW EASEMENT A1'4lJ RIGHT OF FDlST IlIYlISAL· hilt 2 of 5 - " • by the dictates of good arboreal and/or forestry praCtices, and upon the giving of at lease fi¥e (S) cays prior written notice 1hcreof to the owners of the above described Parcel A. 3. Right of Fint Refu .... a. In the event that SHAPLAND eleas to sell the above described Pared B, SHAPLAND hereby COvenanlSand agrees lO lim offer. in writing. the above described p~ B for sale to ALTRJNGER·FURRER at fair JlIalkct value upon t.cnns and r;onditions then standard in the madct area in which the real property is situated. III the event IIlat AL TRlNGER·FURRER docs not a.cccpt SHAPLAND'. offer to seU'upon such price, terms and conditions within thirty (30) days of reCeipt of written notice thereof, SHAPLAND shall be a110wa! to market the above described Parcel B, either privately or through a licensed R:aI estate broker, upon sucb tenns.and condJtions and at a price not Iowa-than that offered to AL TRINGER-FURRER, subject to the provisions of Sub· paragraph b. below. . b. In !he "Cvait that SHAPLAND rcecives a bona fide otrcr to purchase !be above described Parccl B and the said offer to purdlasc is acceptable: to SHAPLAND, SHAPLAND shall give: AL TRINGER·FURRER the rightlO purchase the above described Pared B at /he price and upon comparable terms and conditions to said offer 10 purchase In the event that such price is lower than andlor tIw' tc:rms and tOnditions arc materially diffi:rart from the price, IUm5 and conditions offered to ALTRINGER·FURRER linder. the provisions of Sub-paragrapb a. above. . Notice of this right shall be· given to ALTRINGER·FURRER in writingal ALTRINGER·FURRER's last known address, fCquiring AL TRINGER·FURRER to accept tbcoffer to purdwc in writill8 and 10 Cxccute a suitable purcba$e and sale agreement within a period of fourteen (14) days after the giving of such Noticc. 10 the event that AL TRINO£R-FllRRER does not so acupt said offer lO purdwc within the time period specified. SHAPLAND sball be: at liberty to sell the above: described Pared B to the person or entity who made such bona fide offer, or any oIher person or entity at the same or a greater price as, and upon tcnns and COIIIIiti0n5 not ma1eriaIly dilfercnt from the price:, terms and wnditions which were prcsenttd to AL TRlNGER·FURRER in such Notice. . Co In the ~t that SHAPLAND elects to sell, transfer, COIIvey or otherwise assign SHAPLAND'5 interest in and to the above described Parctl B to either Iheir son, KEITH DAVID SHAPLAND, or their daughtc:c, ANGELA lANE TIlRLEY, then the right of first refusal granted to ALTRINGER·FURRER 5hal1 not apply to iUcll sale, transfer, ,convc~'aIICC Dr assignmc:nt. However, in the event that SHAPLAND sells, transfers. CODVeyI or oIhcnviJC assjgns SHAPLAND's inlen:st in and to the: above described Parcel B to either the above named son or aIxnoe named daugbt.c:r of SHAPLAND, thea this right of first RfiIsaI shall be a covenant I1IMing with the lands described herein and the above . named son or above named daughter of SHAPLAND sba1l take !he &boY!: described Parcel B subject 10 this right of fitst refusal of ALTRJNOER-FURRER as set forth in this Paragraph 3. d. This right of first rmwil shall expin: and sbaII become null IIId void uJIOII the sale, transkr, conveyance or assignment of SHAPLAND's intI:Rst in and to the above described Parcel B lO any person or entity oIhcr than the above named son or above named Vl!W EAS1M1I'4T AND mOHT OF nJtST IlUlJ5AL -r. J otS - j i & : ,,~ .' • daughlcr of SHAPLAND after full compliarKe with the term! and conditions of Ibis right of fim refusal. Of upon the sale, tnlnSfcr, 00IIwyana: or assignman, other Ihan by inheritance or other testamentary disposition, of the intcrc:st of both STEVEN B. ALTRINGER and RONALD S. FURRER in and to the above 'des\;ribcd Pan:c/ A. whichever shall fim occ:ur. 4. CavClWlt Ruonin& .,iIhLllllcWAttomey'. Fees. This Agrcx:mcnt sbalI be a covenant JUMing with the land!; described bcrein, and ¥I inure to ttJc benefit of the partiC$ hcm.o, their heirs, cxcc:utors, successors aDdIor assigns. In the event that any party to this Agreement, their heirs, LllCaItors, successors and/or assign. ri:Iains the services of III attamcy tn enforce any provision or this Agrccmcnt. lho prevailing paI1y in such enfOrt.c:mCD1 proccalings shAll be entit1cd to recover their reasonable ~'s fees and costs incumd therein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands \he dale and year first above written. ~~R~~~ STEVEN B. ALTRINGER 4~ ROBIN N.G. SHAPLAND uJ~ RONALD S. FURRER \ . • 0 . \ <::j~cJ I S \., ~~\~' <:'I..'~ \$J JOAN D.O. SHAPLAND STATE OF WASHINGTON ) ) SI. COUNT\, OF KING ) On this da)' personally appeared before me, a notary public, STEVEN B. AL TRlNGER and RONALD S. fURRER, to me known to be the individuals described in and who executed the wilhin instnunellt and acknow1cdged that they sisncd the same as their free and voluntary act and dc.:d for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this ~ day of Marc:h, 1999. VIEW EASEMENt AND mGHT OF FIRSt UfllSAL -... 4 aU . . • STATE OF WASIDNGTQN ) ) lIS. COUNTY OF KING ) On this day pcnooaIly appeared before me, a nowy public, ROBIN N.G. SHAPLAND . and JOAN D.O. SHAPLAND, to me known to be the indiYidua1s described in and who QeCUtr:d the within instnuncot and ac!moWledged !hal they signed thesamc as their free and voluntary act and d<:u1 for the U:;I;:$ and purposes herein mentioned. 1999. GIVEN UND~.R MY HAND AND OFFICIAL SEAL this 30-+'-day of March, -\I NOTARY PUBU m and for tbc:Stalei!f Washington, residing at &n~. ~A My Commission Expires: sb.fT!!!:> VIEW ItA5lZMlNT AND IUCHT OF FDlST UFUSAL. PIIiI"!! IIf S . ..... :f " ~5. .:. .... :":" ...... .;.'/:.' .• ,. .\\~ 'it 'Z~, . ·, .. :J .... 1;11 ••• ~ •• , •. --------~ .' ~OO,? ()t084 0006' 184 .... : :'.;~. SW 1/4, NW 1/4, SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 fAST, W.M. KING COUNTY, WASHINGTON DET4U:: OF C.OJ:i!ROL:. SCALE'" = '00' ;:: .:: • ""'.. S30·03·12·W • .,' • .' .::. lC=122.88· EXISTING /" S26·0e:0)~·~ /' R.'878.0~· BRASS DISK NORTII 36th STREET EXISl1NG ~ON .::. ~:~~~:~. .f· ~j~~~~" t=.,----~~ ~F !!.E~~ __ .,._--..!:!.B!·1).:E:'L_!I.2.JL__________ IN:'ASE _ A,,·274.87· :." ". T~61.47' N SBB'411rE ill BASIS OF SEARINC NBS'41'17.W ----~ LEGAl DESCRIPUQtt. AU of Lot BO and Q Portion of Lot 79, Hillman's Lako Washington Corde.1J of [den Addition to Seattlo No.2, Volume 11 of Plots, Page 601, RI!l(:ords of Kinq County. Woshln!Jlon. .tPo8"·~~· J" .::., "'.. . I.JO 325.06' (312.2' PLAl) P . 600.00' PLAT pi' ,··TD131.57 ,.., .. b::S -c. I :: ~$' S2JP21'SO·W .. J"·I~· .••••••••• ( 83. r-.;"" iCt') , •• ~ ..... ~I ~$~..... '=-Y-118.94' .... ~I f:. 2~ 90 ~~ •• ' :1l~1878.0~.~ " !:. ::;_ 2,.1 SURVE\1lR'S ~QJrS ,.... :: A.,116.9,6' / • ~ S8S'4,'40"E c , ."~,,. .:: 6-J'~r.Jt~" . . . P 600.00' PLA.T P I 1. EASEMENTS ROADS, RESTHICllDNS. RESERVATIONS. HAZARDOIIS'WASTE ·OEPDSlTS.MOLD INFESTATION. CONSTRUCTlOII DEFECTS. AND MINING ACTIVITIES. IF ANY. ARE NOT SHO'MI eXCEPT AS INDICATED • ........ ~I' ;:;. TI!I.7~,50· ....... !i ~~"~::" ~~ I .. i:~:· S24~ji:::W ....... , ..... ~:... .<~>=~ .. :~~/. ~ ~g./~1) IH ~~ r 2. UNPATENTED MININ~ CLAIUS. RESERVATIONS OR EXCEPUDI<S II, PATEN1S ···~t1d78.08· <' " .' .: .• ~ " .......... ''': •• , NB8'42'OJ'W ~ , A-17.36· .~: ' ,e ·:l.~., .. / d ~D!1:00' PLAT ;::-1,10 ~ LPO'31'4S" :.:. b .. ~lj<~~ 1.::-> . ,.". {I .. t'· -:::.:/ ~;.-, "'; ~ T=8.68' \· ... ·.:ft ::5~' ::> . '.< .~:-' Q2 a..~ ,R z • {.' :; .~~ .:.,::;;. • .. ;:1:: •••. /;· ~2 lID ~ .-' ,.. .<" ,,'., ...... 588'42'27'( C I!; .;:§' ,;:""'" .~:. 0.00' PLAT 10' /l" ~ • OR IN ACTS AUTNORIZINC TNE ISSUANCE TNEREOF. WATER RICkTS. Cl.AiUS OR llTLE TO WATER If .~Y. ARE NOT SHO'loN EXCEPT AS INDICATED. J. INDIAN TRIBAL CODES OR RECUI.A l1ONS. INDIAN THEA 1"1 OR ABORICINAI. Rilli TS. INCLUOING EASEMENTS OR EOUIT ABLE SERVllUDES If ANY. ARE NOl SlIO'M'l EXCI'PT AS INDICATED. <. BASIS Of BEAIlIHO -SEE DRAWHC . S. [QUIPUENT AND PROGEllURES USED: TOPCON C'IS 225 TOTAL STATION AND CLOS£j) nElD TRAIlERS£. LAST CAUBRATION MAY. 2005. ACCURACY ums OR EXCEEDS WAC J32-130-090. 6 .. All MONUMENTS ."SllED DURINC .AJNE. 2005. ~D-:~::., :/. ..,: ... ~ ._ ...... \,. ~. ::-.I~ < :;;~,[, ,,,: .," )13" ..... :. _<~ 1Y';!;i 7. THIS SURVEY W.S PREPARED fOR THE EXClUSlIIE USE OF AI.TRINGER-FURRER -~ .. ':: .... ~: /. ..,~' "'::. .}~2 ~ -< enG ROBERT \\"EST ~NO DOES NOT EX1[NO TO ANY UNNAM[O PERSON OR 1:t-'-"-"-L..<'-'-.4..'t!t~~~~~~~~~2:~~2:1t~'?f·---::f·~··:'-'-']L..."·N8B·42'50·W". ':'. ~h "'f \l., ~E,'RSONS v.lTHOUT EXPRESS RECERnFiCATION BY SURIlEYOR NAMING ·r .,' ,,' BO~ 00' P1J\r ":" :. '.... ,I\JO PARTY • • ,.:' ::" .. ;> •. ,~.'. ";". !;: ./ ~" I 8. CRITICAL AREAS TO BE FllJD \lERIFIED BEFORE fiNAL DESIGN. .{ ::.'. .~: ·{04 """!.:./ .,lF1:l I "'''. 9. All. LOC~l1DNS SHO\\1'l HEREOII ARE THOSE OBTAINAIlLE BY SURFACE ...... : .. :~~. :': =\~. .~.~" .:.:.~~ J..~~"'~ t .. •• ... ,: .. :,:fvtDENCE ~LY, UNU:S .. ~:Q.1.!1~~~S[ NOTED. :. .:. 588'.'3'1.1'·(· ... :. .",. ,..: ,g .,':/.. 10. 111l!,!-DESCRIPTIONsjiUprUEO}W O'M'lER 00 THEIR ACEN1S, .,..... • ~ ":::.,. 600.00' PLAr I":' • ...:.' .:'.;::-(···:':.11'···· .. ··1,:.·.:-.11. lHEi}yRVI~'yOR IS •• N.'tn RE~9'NSI8L£ FOrt TIt€" R(AGGREGATION ...... R:~ .... ::,:., : ... " ::.' :..... ~ir) .hr.·'\ ....... ,:: Of' Afft' UNDER.~l1NG LOTS .... .::lf MlY. B.Y nus SURVEY. .:l· Sic '91)"· .:.~. ::: .. ". ~ I ......... 12. UNoffiL'rlHG.dE Slt.tPlE::(,~ERSHI? NOT s~mWN. EXC£PI . :.,.......... ::::. -g: 6~~~?~~.;~"~r .. 1; ...... , .. / .. '· .l.' ~9 ;.'.: ;.:::.·::·.·.·.r ./~:IN::..~~~il. IF,;?;' EXISl1NG 66.19' ::.' .;.' EXlSllJ'lG MON ," .. .'. ,.' BRASS DISK ./ ,,, IN CAS ... , •• , ........ :y ./ ./' DETAIL OF PARCEL: lliftIll //.:., 31 .'. , ......... " .. , .. : ...... :.. ~.'f .Jo· N6S'42'27'W ":;",: .. , .. {' :/~:: ./'1 . '. ~ •• -' • ,.,/ "-25337' .... '::,:. I~. • •••••••. ':,' ..,.., lli· . SET 5/8-RoI:C. N6lI'42'27'W' t ':':'" J<~' <' •• ~ ,;.' .. r .... : ~I' SET 5/6" RoI:C TYPICAL '.~ '" ~ ., :: :: q ...... '~ .... -FOUND 5/8' RoI:C ~ ." .:::' ,,~: f "'1' .J:: '" .:,..... 0 0.5' NOR1H v«ST !.INE OF lHF.--o-w i" .-' ~~'..., .... ,:~:~ .;:: ./' PI/ $.: "::. SET 1995 C £AST 200 FEET ~ i ~! ~ .. , ... ,.,.,-... '.~~;/. Jt,~/,."'·:iJ ~i,: .... , .... / ::""::""").1: '" -~ETTgtB~/&:C ~£ D ,,~~ .. , .. , '. f?!,. " .,' """:" YWOOD PilI' .~ ISH TACK" TAC ,:y '.~.Jo' ..... STEEl FEN~~ POSTS"';:;" .,' • • •.•. :.. \. -IN ROCK WAll I ':,.. ':'., .' .. ' 2~7:~9. .:' . . . 100.01'. 125.0" A X SET lACK" TAG " SET 5/8· REDAIl " CAP o FOUND REBAR" ClIP o FOUND IRON PIPE ...---FOIJND OLD 3/4" IRON PIPE /' 0 0.16' EAST. DOWN D.O' -FOUND 1/2" STEEL ROD ~ ::: '" b'!,,-,,'" ""':'N 011' ., 0.06' EAST. DOWN 0.9' -NOTHING SET ..... z . ~ / rOUND ,. IRON PIPE ~ 00.1' EAsr. DOWN Q.3' PLS CAP 5£1 NOV. 198B "';. / ;':'."" .~: S6~~250 E.:' .: -...... ,. S66'42'50"E 0.02' WOOD FENCE .... /,.. r~ .... .... .'." :" .. ;: ,,: 586·43·,3·E.::::".... • • • \II EXiSliNG BRASS DISK ill EXISUNG ~DI<UUENT IN CASE ~ QUAR1!R COONER / ... , •••• ""._,,,. :: :: v.£ST-.'!JNE or ll1E~--,! ,-".... 71' E...,. oF --_____ . Sl 5254 W • ;( ;i ... ,,};:lfT 300 .::~~:r ./.' 12-~~":.:." TAX '~~I> ..... ~ f I~O.Ol' 17.70' ABBREVIATIQNS' .:. .... :.' .:' ""..." 136d .\t. ,~...---WOOD fENCE · .. ·•· .•.....• · .. ,.,1· .. NOTE:.:8ccup~~ON .:'~:'l ::'.: .. _:::.~-l~ ~.:~ V . MON RoI:C MONUMENT REBAR AND CAP "" 1° M ' .:9 !bB~o SCALE IN FEEl '8J-'91 STATE PLANE SEE ROS 200T 0607900002 RECORDER'S CERTIFICATE fll., fo< ,,, ... "b -1L-....• t ~ 2l>.c6.. al 'f.2J.w In: boGtI-. or ~t poQO~ot 11\ .. requnt of RDOERT W. BOYD ".~ "~ -ZOOS' O:ZO~I [),:,y"'" A u .. _ SURVEYOR'S CERTIFICATE: }hl. map urroctJ,. np'Dnnb a 'IItW~ rnCid. b-J m" OT undlf my dires;:tlon ... 1;000rormonc:a .It~ the: '1IqII1r.m-.t. 0' \h. SlIRIo{.Y m:CDRDINB ACT at the r.quuL 0' ROOm! 'I!f$T ~ ~ .2_ ~".I",: lfJ.g1 Robert IV. jod. L. : ...... ,,~O~:"CCf~~!eL[ :.i.~ '" :/. . '~ftt' !,!'" I ..... __ NIH.A PART .... ). :,': d" .::'s18 ./'. ,(('SOUTH 90' Of"':~~. [AST 140') ":":---. ,.: 160.01'.:," a£ '.'·./.r N!lJI'4J'13"W 1~;;'01' l NB84J 13 W .' ,,' ""-6'~'~ ":. ...... .. . /:~t~~~~~~w:::·,::·:::·::·:~,. ::/!::.::/ .?:...... ..... :;,. y ...... .. ..:,' ,,\ .: .. , •.•• s'Ii:\I.~, .Nw'i/4',:SECTION J~ .. 1eYil'~lr 24 NOI!TH:·~·RNi.W·5'f,o!~'r. W.M. SOUTH UNE LOT 79 ~ CC 0 N ~~~:~~~I~i~Uflt:j ... ' .. ·'-··,'::::.:::: R:FR~t ~~fiV~;~. ,. ~.:' CORPORATION AL TR1Nq{;'A-FU".AER ~d RQaERT west'· .' .' ::. .~: Drown Dale :'ir$~~.,.~g~-~b N;;:--,J' JKB ,'. 1~33-5 RfNTON. WASHINGTON T£L: 425-272-1020 Checked Scola l' = 50' ~lC"el , ~r 1 RWB "::" ...... .,!. ••.• , FAX: .25-272-1021 , , , " , , · . , , " , , :. , , , ,' . '. " " , , ,. · .: '. · , ,: · . . ' , , , , . , '. , , . ,. :.1 ." I !~ .. I' ' . :) · , " , ' ,,. , . , " :; .. ': . ': " p. :i1 , , , ::1, I:' II: , ' , . , , . ::) , : · ,,' .; ,: ,q · . , , . .: " , 1:-, . fL :l,j , . , ; 11".' :~! , , . l!~ · ,": · :~~ , l:. ,:. !I '. """'" _ . L.... , • It!W<iRJ AL:n'INGBR TRANSAMERICA ~ .. ~ ...... _ ........ _ .. _ .• i .. _ ............... ,..i. •••• I '''0 IIPAOI PRImDIID lOA AllCOM1nU!l, ~ TITLE INSUMNCEC;OMPANY I : \ . .' """PaR_AT_tOP' f' IMIIAI_OMflllltltD _ ... ~ .• Io,.iI.~ .. · .. ......... 1'0 QtIII 45 .•. Cd,.'''''.'''' ~.",. .. 99\151 i i i 8£aNl De.d of Trult , "'." II., III ,It, R,,'p _,. W.,hln,ton GIl/:lI '1'11111 1J1·:t-t1l UF ,'RI'N'l'. mula l"I.~dIlY ~I Hemb IO-S6-.ltOlwrtfl B1'EYEN D, AL'mI~S'i" a ainq1s peecn .ORANTOR, '6'1" .... ",101"...... 10 Box 2iOl penton ~ 08096 ,'IIANM"MtIUC'A TI1'.t< INlIlIl\J\Nrll COMPANY •• t'IIlpOfitlon. TRUSTEE .... kllN add ..... '" 1200lll.lhA~w, Soatt/o, w=~~r~ 00II1XIt M. tlAI.IIEI\ II '.\ 1M1lo· 10 8~te eott8 ,UKNRFlrlARV, Ii I~, \\'1I".;nol,II1'" '0 1'0 90lr 230. Metaline faU", WI\ ;10:.3 ~ : • \\'I'l'NI':""I'~I1I: IIm"I". 1I..,.,1t)' hOllllln .. od'" an,1 ",n .. ,.. 10 '1,"",1" In 'Iiwol. ullt' I,,,,,,,r .r Ollie. t~. 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"II Ih. \I~r" ..... 1 ... u.l"" porlarnttn""i' rh ttrI'Itln,nl 01 Ifmlor herwln eontaln .... and ,'O)·hlr., or Ihp .urn Of 1'Wenty-Sill 'Itlou~M.. _l!tw.-'_' _: _ Dollan , .. a6. 250.DIlI wllh Inl ....... In o"c·",oIun..., allII lb. Im\III 01 8 pram! • !II'tvtl\ \lilt ".row1\11, ~ablt 10 Se~" IIt·ln.,. 'or IInl.r, nnd Inn,Io' by UranlO', and .n IInl.,lll, ., \0#. and tXtallllon. th ..... I. and .'10 ,u.·h 'U.I h." ., .. 11. '0' mq ha .d .. ntl'4 or 108016 by IItne ,,~,ann!oll ... !JIlI of &MI •• _ISO,. .... •• ,"_n~ I'W"'''''' wilh lall!rflllMR!OTlOI Iveh ,,\0 .1 ah.11 be II,8reeG upo'" 1t. lUUU,'(llhv ':""'ltlly 01 lAlla "'~ at '!hIal. Orentor _nw and 11& .... , "I. '"' kL'I"P Ih. 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"" .1-= !ti fr> • .C!~ !I§ I {I ;: -- ~'~i 0 a ... 20040716001969.001 "." AFTER RECORDING RETURN TO: . ~ Was~ngton Mutual .Bank c/O ACS IMAGE SOLUTIONS 12691 PALA DRIVE -MS1S6DP~ GARDEN GROVE, ~ 92841 11-11111111111111 ~~~!~!7D; 60~~§6~ PAGE001 OF 024 . 07/16/2004 14:38 KING COUNTY, IJA SECURITY INSTRUMENT COVER SHEET 01-0836-065979019~O Please print or type Intormatlon Document Tltle(s) (or transactions contained therein): 1 Deed of Trust GrantorlTrustor/Mortgagor(s) (Last name first, then first name and initials) 1 STEVEN BRENT ALTRINGER RECORC~D !!y 2 LAWYERS TITLE AGENCY 3 OFW~INGTO~ 4 Pgs c;i2 Fee 5 0 Additional names on page __ ot-document. 3SltJ%f-E Grantee/Beneflclary/Mortgagee(s) 1. Washington Mutual Bank Legal DeSCription (abbreViated I.e lot, block, plat or section, township, range) PARCEL A: THE EAST 125 FEET OF TRACT 80 OF C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON; PARCEL B: THE WEST 100 FEET OF THE EAST 225 FEET OF TRACT 80 OF C.D. HILLMANS LAKE. WASHINGTON GARDEN OF EDEN NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME' 11 OF PLATS, PAGE. 64, RECORDS OF KING COUNTY, WASHINGTON. D Additional legal IS on page of document. Assessor's Property Tax Parcel/Account Number(s} 1.334270-0376-02 2. 334270-0377-01 3 4 This document prepared by' BREANON MILLER 3060 139TH AVE SE, STE 401 BELLEVUE, WA 98005 2636 (12 00' .J I AFTER RECORDING RETURN TO: Washington Mutual Bank c/o ACS IMAGE SOLUTIONS 12691 PALA DRIVE -MS156DPCA GARDEN GROVE, CA 92841 20040716001969.002 ----------(Space Above This Line For Recording Data] ---------- LAWYERS TITLE AGENCY OF WASHINGTON 3546761 DEED OF TRUST 01-0836-065979019-0 DEFINITIONS Words used In multiple sections of this· document are defined below and other words are defined In Sections 3, 11, 13, 18, 20 aQd 21. Certain rules regarding the usage of words used In thiS document are also provided in Section 16. tA) ·Security lnstrumont" means thiS document, which IS dat~d July 7, 2004 together with all Riders to this document (B) "Borrower" IS STEVEN BRENT ALTRINGER. an unmarried indi v~dual Borrower IS the trustor under thiS Security instrument. (e) "lender" is waShington Mutual Bank, a waShington COl:poration Lender is a Bank organized and eXisting under the laws of Washl.ugtou Lender's address IS 1201 Third Avenue Seattle, WA 98101 Lender IS the benefiCiary under thIS Security Instrument. (D) "Trustes"ls LAWYERS TITLE AGENCY OF WASHINGTON. a Washl.ngtou cOl:porabou (E) "Note" means the promissory note signed by Borrower and dated JUly 7, 2004 The Note states that Borrower owes Lender Three Hundred Five Thousand & 00/100 Dollars (U.S. $ 305,000.00) plus interest Borrower has promIsed to pay thiS debt In regular Penodlc Payments and to pay the debt In full not later than August 1, 2034 (f) "Property" means the property that IS deSCribed below under the heading "Transfer of Rights In the Property " (G) "Loan" means the debt eVidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under thiS Security Instrument, plus Interest WASHINGTON 1529 (04011 Page 1 of 17 I ' 20040716001969.003 " .. ' 01-0836-065979019-0· (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The followmg Riders are to be executed by Borrower [check box as appllcable1 CXJ Adjustable Rate. Rider 0 CondominIUm Rider 0 1-4 Family Rider .0 Graduated Payment Rider 0 Planned Umt Development Rider 0 Biweekly Payment Rider o Balloon Rider 0 Re~ Improvement Rider 0 Second Home Rider o Other(s) (specify) (I) "Applicable law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have· the effect of law) as well as all applicable final, non-appealable judiCial opinions (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the f>roperty by a condominium assOCIation, homeowners association or Similar organizatIOn (K) "Electronic Funds Transfer" means any transfer of funds, other than a transactIOn orsgmat~d by check, draft, or Similar paper Instrument, . which IS Initiated through an electronic termmal, telephOniC Instrument, computer, or magnetic tape so as to order, mstruct, or authOrize a finanCial institution to debit or credit an account. Such term mcludes, but IS not limited to, point-of-sale transfers, automated teller machine transactions, transfers mltlated by telephone, ~Ire transfers, and automated cleannghouse transfers. (l) "Escrow Items" means those Items that are descnbed In Section 3 (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds, whether by way of judgment, settlement or otherWise, paid by any third party (other than Insurance proceeds paid under the coverages deSCribed In Section 5) for (I) damage to, or destruction of; the Property; (II) condemnation or other taking of all or any part of the Property, .(111) conveyance In lieu of condemnation, or (IV) misrepresentations of, or omiSSions as to, the value and/or condition of the Property (N) "Mortgage Insurance" means msurance protecting lender against the nonpayment of, or default on, the loan (0) "Periodic Payment" means the regularly scheduled amount due for (I) prinCipal and Interest under the Note, plus (II) any amounts under Section 3 of this Secunty Instrument (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq) and Its Implementing regulatlon~ Regulation X .(24 C.F~R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used In this Security Instrument, URESPA" refers to all reqUirements and restnctlons that are Imposed In regard to a "federally related mortgage loan" even If the loan does not quality as a "federally related mortgage loann under RESPA (0) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or thiS Secunty Instrument. TRANSFER OF RIGHTS IN THE PROPERTY ThiS Security Instrument secures to lender: (I) the repayment of the Loan, and all renewals, extensions and modifications of the Note; (II) the performance of Borrower's· covenants and agreements under thiS Security Instrument and the Note; and (III) the performance of all agreements of borrower to pay fees and charges arising of the Loan whetljer or not herem set fo'rth For thiS purpose, Borrower irrevocably grants and conveys to Trustee, In trust, With power WASHINGTON 1529(0401) Page.2 of 17 J J 20040716001969.004 , 01-0836-065979019-0 of sale, the following described propertY located in King County. Washington' PARCEL A: THE EAST 125 FEET OF TRACT 80 OF C.D. H:ILLMANS LAKE WASHINGTON GARDEN OF EDEN NO.2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE &.4, RECORDS OF KING COUNTY, WASHINGTON; PARCEL B: THE: WEST 100 FEET OF THE EAST 225 FEET OF TRACT 80 OF C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN· NO.2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS. PAGE 64, RECORDS OF KING COUNTY i WASHINGTON. which currently has the address of -"I3'-'i:7~0~l......1lWEL ............ L,!;;;SL......tA:t..lVEu;&.. .... NIL,-_--:=---.:-______ -.,-__ _ [Street) RENTON , Washington --------~~[C~~~lL-------~ 98056 ("Property Address") [Zip Code] TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by thiS Security Instrument. All of the foregoing IS referred to In thiS Secunty Instrument as the "Property" BORROWER COVENANTS that Borrower IS lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property .IS unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines Uniform covenants for national use and non-umform covenants With limited vanatlons by JUriSdiction to constitute a Uniform security Instrument covering real property. UNIFORM COVENANTS Borrower and Lender covenant and agree as follows' 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the pnnclpal of, and ulterest on, the debt eVidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3 Payments due under the Note and thiS Security Instrument shall be made In U S currency. However, If any check or other Instrument received by lender as payment under the Note or thiS Security Instrument IS returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and thiS Securttylnstrument be made In one of more of the follOWing forms, as selected by Lender' (a) cash; Cb) money order; (c) certified. check, bank check, treasurer's check or cashier's check, provided any such check IS drawn upon an institution whose depOSits are Insured by a federal agency, Instrumentahty, or entity; .or Cd) ElectrOnic Funds Transfer .. Payments are deemed received by Lender when received at the location designated In the Note or at such other location as may be deSignated by Lender in accordance with the notice prOVISions In Section 15. Lender may return any payment or partial payment If· the payment or partial payments are inSUffiCient to bring the Loan current. Lender may accept any payment or partial payment Insufficient to bring the Loan current, without waiver of any rights hereunder· or prejudice to ItS rights to refuse such payment or partial payments In the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each PeriodiC WASHINGTON 1529 (()4.011-Page 3 of 17 :; , 20040716001969.005 ,'~ .' 01-0836-065979019-0 Payment IS appIJed as of Its scheduled due date, then lender need not pay Interest· on unapplied funds lender may hold such unapplied funds until· Borrower makes payment to bnng the Loan current If Borrower does not do so within a reasonable penod of time, lender shall either apply such funds or return them to Borrower. If not appIJed earher, such funds will be apphed to the outstanding prinCipal balance under the Note immediately prior to foreclosure. No offset or .claim which Borrower might have now or In the future against Lender shall reheve Borrower from . making payments due under the Note .and this Security Instrument or performing the covenants and agreements secured by thiS Security Instrument . 2. Application of Payments or Proceeds. Except as otherwise descnbed in thiS Section 2, all payments accepted and appbed by Lender shall be applted in the following order of PriOrity (a) Interest due under the Note, (b)· prmcipal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each PeriodiC Payment In the order In which It became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under thiS Security Instrument, and then to reduce the pnriclpalbalance of the Note. If Lender receives a payment from Borrower for a delinquent PeriodiC Payment which Includes a suffICient amount to pay any late charge due, the payment may beapphed to the dehnquent payment and the late charge If more than one PeriodiC Payment IS outstanding, lender may apply any payment received from Borrower to the repayment of the PeriodiC Payments If, and to the extent that, each payment can be paid In full To the extent that any excess exists after the payment IS apphed to the full payment of one or more PeriodiC Payments, such excess may be apphed to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as deSCribed In the Note. . . Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount,· of the PenodlC Payments 3. Funds for Escrow Items. Borrower shall pay to Lender on the day PeriodiC Payments are due under the Note, until the Note is paid In full, a sum (the "Fundsn) to prOVide for payment of amounts due for (a) taxes and assessments and other Items which can attalO PriOrity over thiS Security Instrument as a hen or encumbrance of the Property; (b) leasehold payments or ground rents on the Property, If any; (c) premiums for any and all Insurance requIred by Lender under Section 5; and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to lender In lieu of the payment of Mortgage Insurance premiums In accordance With the provIsIons of Section 10. These items are called "Escrow Items." At origination or at any time dUring the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, If any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notIces of amounts to be paid under thiS Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obhgatlon to pay the Funds for any or all Escrow Items. lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, If Lender requires, shall furnish to Lender receipts evidencing such payment wlthm such time penod as lender may reqUire. Borrower's obligation to make such payments and to prOVide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreementn IS used in Section 9. If Borrower IS obligated to pay Escrow Items directly, pursuant to a waIVer, and Borrower falls to pay the amount due for an Escrow Item, Lender may exerCise ItS Tights under Section 9 and pay such amount.and Borrower shall then be obhgated under Section 9 to repay to Lender any such amount. Lender may revoke WASHINGTON 1529 104-O11 P8ge·4of 17 ) , 20040716001969.006 01-0836-065979019-0 , , ' the waiver as to any or all Escrow Items' at any time by a notice gIVen In accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and In such' amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds In an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maXimum amount a lender can reqUire 'under RESPA. Lender shall estimate the amount of Funds due on the baSIS of current data and reasonable estimates of 'expenditures of future Escrow Items or otherWise In accordance With Applicable Law The Funds shall be held In an institution whose depOSits are Insured by a federal agency, Instrumentahty, or entity (including Lender, If Lender IS an InstitutIon whose depOSits are so Insured) or m any Federal Home loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time speCified under RESPA lender shall not charge Borrower for holding and applymg the Funds, annually analYZing the escrow account, or verifyIng the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law permits lender to make such a charge Unless an agreement IS 'made In wrrting or Applicable law requires Interest to be paid on the Funds, lender shall not be required to pay Borrower any Interest or earnings on the Funds Borrower and Lender can agree In Writing, however, that interest shall be patd on the Funds. Lender shall give to Borrower, Without charge, an annual accountmg of the Funds as required by RESPA. If there IS a surplus of Funds held In escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds In accordance With RESPA If there IS a shortage of Funds held In escrow, as defined under RESPA. lender shall notify Borrower as required by RESPA, and Borrower shall pay 10 Lender the amount necessary to make up the shortage 10 accordance With RESPA, but 10 no more than twelve monthly payments If there IS a defiCiency of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to lender the amount necessary to make up the deflclEmcy 10 accordance With RESPA, but In no more than twelve monthly payments. Upon payment In full of, all sums secured by thiS Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; liens. Borrower shall pay all taxes, assessments, charges, fines, and ImpOSitions attributable to the Property which can attain Priority over thiS Securrty Instrument, leasehold payments or ground rents on the Property, If any, and Community AsSOCIation Dues, Fees, and Assessments, If any. To the extent that these Items are Escrow Items, Borrower shall pay them In the manner prOVided In Section 3 Borrower shall promptly discharge any hen which has priOrity over thiS Securrty Instrument unless borrower. (a) agrees in writing to the payment of the obhgatlon secured by the hen In a manner acceptable to Lender, but only so long as Borrower IS performing such agreement, (b) contests the hen 10 good faith by, or defends against enforcement of the hen In, legal proceedings which In Lender's oplnron operate to prevent the enforcement of the Iten whIle those proceedings . are pending, but only until such proceedings are conclu~ed; or (c)· secures from the holder of the hen an agreement satisfactory to Lender, subordinating the hen to thIS Security . InStrument If Lender determines that any part of the Property IS subject to a lien which can attain Priority over thiS Security Instrument, Lender may give Borrower a notice IdentifYing the hen. Wlthm10 days of the date on which that notice is given, Borrower shall satisfy the hen or take one or more of the actIons set forth above In thiS Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax Verification -and/or reporting service used by Lender In connection with thiS Loan WASHINGTON 1529 (04011 Page 5 of 17 20040716001969.007 ,' .. , 01-0836-065979019-0 5. Property Insurance. Borrower shall keep the Improvements now eXisting or hereafter erected on the Property Insured against loss by fire, hazards Included within the term nextended coverage," and any other hazards including, but not limited to, earthquakes and floods, for whIch Lender reqUIres Insurance This Insurance shall be maintained If; the amounts (Including deductible levels) and for the periods that Lender reqUlr~. What Lender. requires pursuant to the preceding sentences can change dUring the term of the Loan The Insurance carner prOViding the Insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's ChOice, which right shall not be exercised unreasonably. Lender may reqUire Borrower to pay, In connection With this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking serVices, or (ti) a one-time charge for flood zone determination and certmcatlon services and subsequent charges each time remap pings or similar changes occur which reasonably mIght affect such determination or certification. Borrower shall also· be responsible for the payment of any fees Imposed by the Federal Emergency Management Agency In connection With the· review of any flood zone determination resulting from an objection by Borrower. If Borrower falls to maintain any of the coverages deSCribed above, Lender may obtain Insurance coverage, at Lender's option and Borrower's expense. Lender IS under no obhgatlon to purchase any particular type or amount of coverage. Lender may purchase such Insurance from or through any company acceptable to Lender Including, Without limitation, an afflltate of Lender, and Borrower acknowledges and agrees that Lender's afflhate may receIve consIderatIon for such purchase. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equIty 10 the Property, or the contents of the Property, agalOst any fisk, hazard or lIabrllty and might prOVide greater or lesser coverage than was previously In effect. Borrower ack.nowledges that the cost of the Insurance coverage so obtained mlghtslgntflcantly exceed the cost of Insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear Interest at the Note rate from the date of dlspurjOement and shall be payable, With such IOterest, upon notice from Lender to Borrower requesting payment.· All Insurance poliCies reqUired by Lender· and renewals of such polices shall be subject to Lender's right to disapprove such poliCies, shall Include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the nght to hold the poliCies and renewal certificates. If Lender reqUires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices If Borrower obtainS any form of Insurance coverage, not otherWise reqUired by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee: Borrower hereby absolutely and Irrevocably aSSigns to Lender all of Borrower's right, title and Interest In and. to all proceeds from any Insurance policy (whether or not the IOsurance policy was required by Lender) that are due, paId or payable With respect to any damage ·to such property, regardless of whether the Insurance policy IS established before, on or after the date of thiS Secunty Instrument. By absolutely and Irrevocably assIgning to Lender all of Borrower'S fights to receIVe any and all proceeds from any Insurance policy, Borrower hereby waIVes, to the full extent allowed by law, all of Borrower's rights to receive any.and all of such Insurance proceeds. Borrower hereby absolutely and Irrevocably assigns to Lender all of Borrower's right, title and Interest In and to· (a) any and all· claims, present and future, known or unknown, absolute or contingent, (b) any and all causes of action, (c) any and a\l Judgments and settlements (whether through litigatIon, mediatIon, arbitratIon or otherWise), (d) any and all funds sought agalOst or from any party or parties whosoever, and (e) any and all funds received or receIVable In connection with any damage to such property, resulting from any cause or causes whatsoever, WASHINGTON 1529 (04-01) Page 6 of 17 20040716001969.008 01-0836-065979019-0 including but not hmlted to, land subsldcmce, landslide, windstorm, earthquake, fire, flood or any other cause. Borrower agrees to execute, acknowledge If requested, and deliver to Lender, and/or upon notice from Lender shall request any Insurance agency or company that has Issued any Insurance policy to execute and deliver to Lender, any additional Instruments or documents r~quested by Lender from time to time to eVidence Borrower's absolute and Irrevocable aSSignments set forth In thiS paragraph. In the event of loss, Borrower shall give prompt notice to the Insurance caTTIer and Lender Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree In Writing, any Insurance proceeds, whether or not the underlYing Insurance was 'reqUired by Lender, shall be apphed to restoration or repair of the Property, If the restoration or repair IS economically feaSible and Lender's security IS not lessened. OUTIng such repair and restoration penod, Lender shall have the right to hold such Insurance proceeds until Lender has had an opportUnity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, prOVided that such inspection shall be undertaken promptly Lender m~y disburse proceeds for the repairs and restoration In a Single payment or In a senes of progress payments as the work IS completed. Unless an agreement IS made In writing or Applicable Law requires Interest to be paid on such Insurance proceeds, Lender shall not be reqUired to pay Borrower any Interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair IS not economically feaSible or Lender's secunty would be lessened, the Insurance proceeds shall I?e applied to the sums secured by thiS SecuTlty Instrument, whether or not then due, with the excess, If any, paid to Borrower. Such Insurance proceeds shall be applied In the order prOVided for In Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available Insurance claim and related matters. If Borro~er does not respond within 30 days to a notice from Lender that the Insurance carrier has offered to settle a claim, then Lender may negotiate and senle the claim The 3D-day penod Will begin when the notice IS given; In etther event, or If Lender acqUIres the Property under Section 22 or otherWise, Borrower hereby assigns to Lender (a) Borrower's nghts to any Insurance proceeds in an amount not to exceed the amounts unpaid . under the Note or thiS Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all Insurance pOliCIes covenng the Property, Insofar as such rights are apphcable to the coverage of the Property lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts. unpaid under the Note or thiS Secunty Instrument, whether or not then due. . 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's prinCIpal reSidence Within sixty days after the execution of thiS Secunty Instrument and shall continue to occupy the Property as Borrower's pnnclpal reSidence for at least one year after the date of occupancy, unless Lender otherWise agrees In wTlting, which consent shall not be unreasonably Withheld, or unless extenuating circumstances eXist which are beyond Borrower's control. . 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or Impair the Property, or remove or demolish any bLiilding thereon, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower IS residmg In the Property, Borrower shall maintain the Property in good condition and repair In order to prevent the Property from deteriorating or decreasing," value due to ItS condition. Unless It IS determined pursuant to Section 5 that repair or restoration IS not economically feasible, Borrower shall promptly repair the Property In good and workman hke manner If damaged to aVOid further WASliINGTON 1S29 (04 01) Page 7 of 17 20040716001969.009 ...... 01-0836-065979019-0 deterioratIOn or damage Lender shall, unless otherwise agreed In writing between Lender and Borrower, have the right to hold Insurance or condemnation proceeds If Insurance or condemnation proceeds are paid In connection wrth damage to, or the taking of, the Property, Borrower shall be responsible for repalnng or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds f9r the repairs and restoration In a Single payment or In a senes of progress payments as the work IS completed If the Insurance or condemnation proceeds are not suffiCient to repair or restore the Property, Borrower is not reheved of Borrower's obligation for the completion of such repair or restoration. Lender or Its agent may make reasclOable entTies upon and inspections of the Property. If It has reasonable cause, Lender may Inspect the Intenor of the Improvements on the Property Lender shall give Borrower notice at the time of or prior to such an interior' inspection speCifYing such reasonable cause. Lender does not· make any warranty or representation regardrng, and assumes no responsIbility for, the work done on the Property, and Borrower shall not have any right to rely In any way on any Inspectlon(s) by or for Lender or ItS agent. Borrower shall. be solely responsible for determining that the work IS done rna good, thorough, effICient and workmanlike manner In accordance With all applicable laws. Borrower shall (a). appear In and defend any action or proceeding purporting to affect the secumy hereof, the Property or the rights or powers of Lehder or Trustee; (b) at Lender's option, assign to Lender, to the extent of Lender's Interest, any claims, demands, or causes of action of any kind, and any award, court jUdgement, or proceeds of settlement of any such clrum, demand or cause of action of any kind which Borrower now has or may hereafter acquire arising out. of or relattng to any interest In the acquIsition or ownership of the Property Lender and Trustee shall not have any duty to prosecute any such claim, demand or cause of action. Without IImrtlng the foregOing, any such claim, demand or cause of action anslng Oljt of or relating to any Interest In the acquIsition or ownership of the Property may Include (I) any such Injury or damage to the Property including Without limit Injury or damage to any structure or Improvement Situated thereon, (II) or any daim or cause of action In· favor of Borrower which arises out of the transaction financed In whole or In part by the making of the loan secured hereby, (m) any claim or cause of action In favor of Borrower (except for bodily inJUry) which arises as a result of any negligent or Improper construction, installation or repair of the· Property Includmg wrthout limit, any surface or subsurface thereof, or of any building or structure thereon or (IV) any proceeds of Insurance, whether or· not reqUired by lender payable as a result of any damage to or otherWise relating to the Property or any Interest therein. Lender may apply, use or release such momes so received by It In the same manner as prOVided In Paragraph 5 for the proceeds of Insurance 8. Borrower's Loan Application. Borrower shall be In default If, dunng the Loan appltcatlon process, Borrower or any persons or entitles acting at the direction of Borrower or With Borrower's knowledge or consent gave materrally false, misleading, or Inaccurate. mformatlon or statements to Lender (or failed to prOVide Lender With matenal information) In connectton With the Loan. Matenal representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's pnnclpal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower falls to perform the covenants and agreements contained In thiS Secunty Instrument,(b) there IS a legal proceeding that might slgmficantly affect Lender's Interest In the Property and/or fights under thiS SecuTlty Instrument (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture, for enforcement of a hen which may attain PriOrity over thiS Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then lender may do and pay for whatever IS reasonable or appropnate to protect Lender's Interest tn the Property and fights under thiS Security Instrument, including protecting WASHINGTON 1529(~1I ·Pag8 8 of 17 20040716001969.010 01-0836-065979019-0 and/orassessing the value of the Property, and securing andlor repairing the Property Lender's actions can Include, but are not limited to (a) paYIng any sums secured by a hen which has PriOrity over thiS Security Instrument; (b) appearing In court; and (c) paYing reasonable attorneys' fees to protect ,Its Interest in the Property andlor nghts under thiS SecUrity Instrument, including its secured position In a, bankruptcy proc;eeding Secunng the Property includes, but IS not limited to, entenng the Property to make repairs, change locks, replace or board up doors and windows" drain water from PipeS, eliminate bUilding or other code Violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under thiS Section 9, Lender does not have to do so and IS not under any duty or obligatIon to do so It IS agreed that Lender Incurs no liabIlity for not taking any or all actions authorized under thIS Sectton 9 ,Any amounts disbursed by Lender under thiS Section 9 shall become addrtlonal debt of Borrower secured by thiS SecUrity Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, With such mterest, upon nottce from lender to Borrower requesting payment. If thiS Secunty Instrument is ona leasehold, Borrower shall comply WIth all the prOVISions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In wrltmg. '10. Mortgage Insurance. If Lender required Mortgage Insurance as a condrtlOn of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance In effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be avadable from the mortgage Insurer that previously prOVided such Insurance and Borrower was reqUIred to make separately deSignated payments toward the premIums for Mortgage Insurance, Borrower shall pay the, premiums required, to obtain coverage substantially eqUivalent to· the Mortgage Insurance preViously In effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance preViously 10 effect, from an alternate'mortgage insurer selected by lender. If _substan~lally eqUivalent Mortgage Insurance coverage IS not available, Borrower shall continue to ,pay to Lendei' the amount of the separately designated payments that were due when the Insurance coverage ceased to be 10 effect. lender Will accept, use and retam these payments as a non-refundable loss reserve 10 lieu of Mortgage Insurance Such loss reserve shall be non-refundable, notwithstanding the tact that the loan IS ultimately paid In full, and Lender shall ,not be reqUired to pay Borrower any Interest or earnmgs on such loss reserve Lender can no longer reqUire loss reserve payments If Mortgage Insurance coverage (10 'the amount and for the penod that Lender requires) prOVided by an Insurer selected by Lender again becomes available, IS obtained. and Lender requires separately deSignated payments toward the premiums for Mortgage Insurance. If Lender reqUired Mortgage Insurance as a condition of making the Loan and Borrower was reqUired to make separately deSignated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums reqUired to maintain Mortgage Insurance In effect, or to prOVide a non-refundable loss reserve, until Lender's requirement for Mortgage 'Insurance ends In accordance With any written agreement between Borrower and Lender prOViding for such termination or until termination IS reqUired by Applicable Law. Nothing In thiS Section 10 affects Borrower's obligatIon to pay Interest at the rate prOVided In the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses rt may Incur If Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance. Mortgage Insurers evaluate their total risk on all such insurance In force from time to time, and may enter Into agreements with other parties that share or' modIfy their risk, or reduce losses These agreements are on terms and condItions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may' requITe the mortgage WASHINGTON 1629 (0401' Page 9 of 17 20040716001969.011 01-0836-065979019-0 Insurer to make payments ustngany solirce of funds.that the mortgage Insurer may have available (which may Include funds obtained from Mortgage Insurance premiums), As a result of these agreements, Lender, any purchaser· of the Note, another Insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that deTlve from (or might be characttmzed as) a· portion of Borrower's payments for Moftgage Insurance, In exchange for shanng or modifYing the mortgage Insurer's risk, or redUCing losses If such agreement prOVides that an affiliate of Lender takes a share of the Insurer's risk In exchange for a share of the premiums paid to the Insurer, the arrangement IS often termed "captive reinsurance" Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has -if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 199B or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automaticBUy, andlor to receive a refund of any .Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. ASSignment of Miscellaneous Proceeds; forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property IS damaged, such Miscellaneous Proceeds shall be apphed to restoration or repair of the Property, If the restoration or repair IS economically feasible and Lender's security IS not lessened. Ounng such repair "imd restoration penod, Lender shall have the Tight to hold such Miscellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, prOVided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a Single disbursement or In a senes of progress payments as the work IS compl,Bted. Unless an agreement IS made In wTltlng or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be reqUired to pay Borrower any Interest or earnings on such MIscellaneous Proceeds If the restoration or repair IS not economically feaSible or Lender's security would be lessened, the . Miscellaneous Proceeds shall be applied to the sums secured by thiS Security Instrument, whether or not then due, With the excess, If any, paid to Borrower Such Miscellaneous Proceeds shall be applied In the order prOVided for In Section 2 In the event of a total taking, destruction, or loss 10 value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Secunty Instrument, whether or not then due, With the excess, If any, paid to Borrower. In the event of a partial takIng, destruction, or loss In value of the Property 10 which the fair market value of the Property Immediately before the partial taking, destruction, or loss In value IS equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherWise agree In Writing, the sums secured by thIS Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the follOWing fraction. (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property Immediately before the partial· taking, destruction, or loss In value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property In which the fair market value of the Property Immediately before the partial taking, destructIon, or loss In value IS less than the amount of the sums secured Immediately before the partial taking, destruction, or WASHlNGTON 1529 (04-011 Page 10 of 17 20040716001969.012 01-0836-065979019-0 loss In ~alue, unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be apphed to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or If, after notice by Lender to Borrower that the Oppo'sing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice IS given, Lender IS authOrized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by thiS Secunty Instrument, whether or not then due "OpposIng Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a nght of action In regard to MIscellaneous Proceeds. Borrower shall be In default If any action or proceeding, whether CIvil or Criminal, IS begun that, In Lender's Judgement, could resUlt In forferture of the Property or other matenallmpalrment of Lender's Interest In the Property or fights under thiS Security Instrument. Borrower can cure such a default and, If acceleration has occurred, reinstate as prOVided In Section 19, by causing the action or proceeding to be dismissed With a ruhng that, m Lender's Judgement, precludes forfeiture of the Property or other matenallmpalrment of Lender's mterest m the Property or nghts under thiS Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's mterest In the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not apphed to restoration or rep8lr of the Property shall be apphed In the order prOVided for m Section 2 12. Borrower Not Released; Forbearance BV Lender Not a Waiver. ThiS Security Instrument cannot be changed or modifIed except as otherWise prOVided herem or by agreement In wntmg SIgned by Borrower, or any successor In Interest to Borrower and Lender. Extension of the tune for payment or modIficatIon of amortizatIon of the sums secured by thIS Security· Instrument granted by Lender to Borrower or any Successor In Interest of Borrower shall not operate to release the hablllty of Borrower or any Successors In Interest of Borrower Lender shall not be reqUired to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwIse modify amortization of the sums secured by thiS Securrty Instrument by reason of any demand made by the onglnal Borrower or any Successors In Interest of Borrower Any forbearance by Lender in exerCising any nght or remedy Including, wrthout hmltatlon, Lender's acceptance of payments from third persons, entities or SucceSsors In Interest- of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any Tight or remedy. No waiver by lender of any TIght under thiS Secuflty Instrument shall be effective unless In wntlng WaIver by Lender of any right granted to Lender under thiS Security Instrument or of any provision of thiS Security Instrument as to any transaction. or occurrence shall not -be deemed a waiver as to any future transaction or occurrence 13. Joint and Several Liability; Co-signers; Successors and Assigns BOUnd. Borrower covenants and agrees that Borrower's obligatIons and lIablhty shall be Jomt and several. However, any Borrower who co-signs this SecurIty Instrument but does not execute the Note (a "co-slgnerR) (a) IS' co-slgmng thiS Security Instrument only to mortgage, grant and convey the co-slgner's Interest In the Property under the terms of thiS Seeuflty Instrument, (b) IS not personally obhgated to pay the sums secured by thiS Security Instrument, and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations With regard to the terms of thIS Secuflty Instrument or the Note' Without the co-slgner's consent. Subject to the provIsIons of Section 18, any Successor m Interest of Borrower who assumes Borrower'S obligations under thIS Secunty Instrument in wntmg, and IS approved by WASHINGTON 1529 (04 011 Page 11 of 17 20040716001969.013 , 01-0836-065979019-0 lender, shall obtaIn all of Borrower's fights and benefits under thiS Security Instrument. Borrower shall not be released from Borrower's obligations and liabIlity under thiS Secunty Instrument unless lender agrees to such release In writIng. The covenants and agreements of thiS Security Instrument shall bind (except as provIded In SectIon 20) and benefit the successors and assIgns of lender - 14. Loan Charges. Lender may charge Borrower. fees for services performed In connection With Borrower's default, for the purpose of protecting Lender's Interest In the Property and rights under thiS Security Instrument, including, but not hmlted to, attorneys' fees, property inspectIon and valuation fees. Borrower shall pay such other charges as Lender may deem reasonable for servIces rendered by Lender and furnished at the request of Borrower, any successor In Interest to Borrower or any agent of Borrower. In regard to any other fees, the absence of express authOrity In thiS Security Instrument to charge a speCIfIc fee to Borrower shall not be construed asa prohIbition on the chargmg of such fee. Lender may not charge fees that are expressly prohIbited by thiS Security Instrument or by Apphcable Law If the Loan IS subject to a law whIch sets maximum loan charges, and that law IS finally Interpreted so that the Interest or other loan charges collected or to be collected In connection WIth the loan exceed the permItted hmlts, tl;len' (a) any such"loan charge shall be reduced by the ._ amount necessary to reduce the charge to the permitted hmlt, and (b) any sums already collected from Borrower whIch exceeded permItted limits will be refunded to Borrower lender may choose to ma!<e thIS refund by redUCing the pnnclpal owed under the Note or by makIng a direct payment _ to Borrower. If a refund reduces prinCipal, the reduction Will be treated as a partial prepayment- Without any prepayment charge (whether or not a prepayment charge is prOVIded for under the Note). Borrower's acceptance of. any such refund made by dIrect payment to Borrower WIll constItute a waIver of any fight of action Borrower might have arising out of such overcharge 15. Notices. All notices given by Borrower or Lender In connection With thIS SecuTlty Instrum~nt must be In writing. Any notIce to Borrower In connectIon WIth thiS Secunty Instrl,Jment shall be deemed to have been given to Borrower when mailed by first class mall or when aCtually delivered to Borrower's notIce address if sent by other means Notice to anyone Borrower shall constitute notIce to all Borrowers unless Appitcable law expressly reqUires otherwise The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notIce to lender. Borrower shall promptly notIfy Lender of Borrower's change of address If Lender speCifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that speCified procedure. There may be only one deSignated notice address under thiS Security Instrument at anyone time Any notice to lender shall be given by dehvenng It or mailing it by f,rst class mail to Lender's address stated herein unless Lender has deSignated another address by notice to Borrower. Any notice In connection With thiS Security Instrument shall not be deemed to have been given to lender until actually received by Lender. If any notice reqUIred by thIS Secunty Instrument IS also reqUIred under Apphcable Law, the Apphcable Law· requirement Will satisfy the corresponding reqUirement under thIS SecuTlty Instrument 16. Gov_emtng Law; Severability; Rules of Construction. This Secunty Instrument shall be governed by federal law and the law of theJuTlsdlctlon In which the Property is located All rights and obligations contaIned in thiS Security Instrument are subject to any requirements and limItations of Apphcable law. Applicable Law might expliCitly or ImpliCitly allow the parties to agree by contract or It might be silent, but such silence shall not be construed as a prohibitIon agaInst agreement by contract. In the event that any prOVISion or clause of thiS Securlty- Instrument or the Note conflicts with Applicable law, such conflict shall not affect other prOVISIons of thiS Security Instrument or the Note whIch can be gIven effect Without the conflicting provIsion WASHINGTON 1529 (04011 Page 12 of 17 20040716001969.014 O~-0836-065979019-0 As used In, this Secunty Instrument: (a) words of the masculine gender sh8l1 mean and Include corresponding neuter words or words of the femtnrne gender, (b) words In the singular shall mean and Include the plural and vice versa; and (c)' the word "mayn gives sole discretion . without any obligation to take any action 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial !nterestin Borrower. As used In, this SectIon 18, "Interest In the Propertyn means any legal or beneflclalmterest In the Property, 'including, but . not limited to, those benefiCial Interests transferred In a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which IS the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest In the Property is sold or transferred (or If Borrower IS not a natural person and a beneficial Interest In Borrower IS sold or transferred) without Lender's pnor written consent, Lender may require Immediate payment to full of all sums secured by thiS Securtty Instrument However, thiS option shall riot be exercised by lender If such exercise IS prohibited by Applicable Law If lender exercises thiS option, Lender shall give Borrower notice of acceleration The notice shall prOVide a period of not less than 30 days from ,the date the notIce IS given to accordance With Section 15 Within which Borrower must pay all sums secured by thIS SecUrity Instrument. If Borrower fails' to pay these sums prior to the expiration of thiS penod, Lender may Invoke any remedies permitted by thiS Security Instrument Without further notice or demand on Borrower .. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, . Borrower shall have the nght to have enforcement of thiS SecuTlty Instrument discontinued at any . time prior to the earhest of (a) five days before sale of the Property pursuant to any power of sale contained m thiS Security Instrument; (b), such other penod as Applicable Law might speCify for the termmatlon of Borrower's right to reinstate; or (c) entry of a Judgement enforcmg thiS Secunty Instrument Those conditions are that Borrpwer: (a) pays Lender all sums which then would be . due under thiS Security Instrument and the Note as If no acceleration had occurred, (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred In enforcmg thiS Security Instrument, including, but not limited to, reasonable attorneys' fees, property Inspection and valuation fees, and other fees Incurred for the purpose of protecting Lender's Interest m the Property and nghts under thiS Security Instrument, and Cd) takes such action as Lender may reasonably reqUIre to assure that Lender's interest to the Property and rights under thiS Secunty Instrument, and Borrower's obligation to pay the sums secured by thiS Securrty Instrument, shall continue unchanged Lender may require that Borrower pay such reinstatement sums and expenses 10 one or more of the following forms, as selected by lender' (a) cash; (b) money order; (c) certified check. bank check, treasurer's check or cashier's check, prOVided any such check IS drawn upon an IOstltutlon whose depOSits are Insured by a federal agency, mstrumentahty or entity; or Cd) Electronl,c Funds Transfer. Upon reinstatement by Borrower, thiS Secunty Instrument andobltgatlons secured hereby shall remam fully effective as If no . acceleration had occurred However, thiS TIght to reinstate shall not apply in the case of acceleration under Section 18 20. Sale of Note; Change of loan Servlcer; Notice of Grievance. The Note or a partial Interest In the Note (together with this Security Instrument) cail be sold one or more times Without pnor notice to Borrower. A sale might result In a change to the entity (known as the "Loan Servlcer") that collects Penodlc Payments due under the Note and thiS Secunty Instrument and performs other mortgage loan serviCing obligations under the Note, thiS Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servlcer unrelated to a WASHINGTON 1529 (04-01) Page, 13 of 17 20040716001969.015 , 01-0836-065979019-0 sale of the Note If there IS a change of the Loan Servlcer, Borrower will· be gIven wntten notice of the change which will state the name and address of the new Loan Servlcer, the address to which payments should be made and any other information RESPA requires In connection WIth a notIce of transfer of servICing. If the Note IS sold and thereafter the Loan IS serviced by a Loan Servlcer other than the purchaser of the Note, the mortgage loan servIcing obligations to Borrower Will remain with the Loan Servlcer or be transferred to a successor Loan Servlcer and are not assumed by the Note purchaser unless otherWise prOVIded by the Note purchaser Neither Borrower nor Lender may commence, JOin, or be joined to any JudiCIal actIon (as either an indiVidual litigant or the member of a class) that arises from the other party's actIOns pursuant to thIS Security Instrument or that. alleges that the other party' has breached any provIsion of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (With such notice given In compliance With the requirements of SeCtIon 1 5) of such alleged breach and afforded the other party hereto a reasonable penod after the giVing of such notice to take corrective action. If Applicable Law prOVides a time penod which must elapse before certain action can be taken, that time penod will be deemed to be reasonable for purposes of thiS paragraph. The notice of acceleration and opportUnity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to Satisfy the notice and opportUnity to take corrective action provIsions of thIS Section 20. . 21. Hazardous Substances. As used In this Section 21: (a) "Hazardous Substances" are those substances defined as tOXIC or hazardous substances, pollutants, or wastes by EnVironmental Law and the follOWing substances: gasoline, kerosene, other flammable or tOXIC petroleum products, tOXIC pestiCides and herbiCides, volatile solvents, matenals containing asbestos or formaldehyde, and rachoactlve matenals; (b) "EnVIronmental Law" me~ns federal laws . and laws of the JUrisdiction where the Property IS located that relate to health, safety or environmental protectIon; (c) "Environmental Cleanup" includes any response action, remedial actIon, or removal action, as defined In EnVironmental Law, and (d) an nEnVlronmental Condrtlonn means a condition that can cause, contribute to, or otherWise trigger an EnVIronmental Cleanup Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that IS In ViolatIon of any EnVironmental Law, (b) which creates an EnVironmental CondItion, or (c) WhICh, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that· are generally recognized to be appropriate to normal reSidential uses and to maintenance of the Property (includIng, but not limited to, hazardous substance In consumer products). Borrower shall promptly give Lender wntten notice of· (a) any Investigation, claim, demand, laWSUit or other action by any governmental or regulatory agency or pnvate party InvolVing the Property and any HazardOUS Substance or EnVIronmental Law of which Borrower has actual knowledge, (b) any EnVironmental Condition. includIng but not hmlted to, any spilhng, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use, or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or IS notified by any governmental or regulatory authority, or any prtvate party, that any removal or other remediatIon of any Hazardous Substance affecting the Property IS necessary, Borrower shall promptly take all necessary remedial aCtIons In accordance With EnVironmental Law. NothIng herem shall create any obligation on Lender for an EnVironmental Cleanup . WASHINGTON 11;29 (04 011 Page 14 of 17 20040716001969.016 ,' ... ' 01-0836-065979019~O NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree· as follows' 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration followmg Borrower's breach of any covenant or agreement in this Security Unstrument (but not p~or to acceleration under Section 18 unless Applicable law· prqvides . otherwise). The notice shan specify: Cal the default; Cb) the action required to cure the default. Cc) a date, not less than 30 days from the date the notice is given to Borrower. by which the default must be oored; and. Cd) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-exlStence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice. Lender at its option may require immediate payment in full of all sums secured by this Secunty Instrument without further demand and may Invoke the· power of sale and any other remedies permitted by Applicable Law. lender shall be entitled to collect aU expenses Incurred in pursuing the remedies provided in this Section 22. including, but not limited to. reasonable attorneys' fees and costs of title evidence. If BOl'D'ower or any successor in interest to Borrower files (or has filed against Borrower or any successor in interest to Borrower)' a bankruptcy petition under Title II or any successor title of the United States Code which provides for the curing of prepetition default due on the Note. interest at a rate determined by the Court shall be p8ld to lender on post-petition arrears. . If lender invokes the power of sale. lender shall give written notice to Trustee of the . occurrence of an event of default and of lender's election to cause the Property to be sold. Trustee' and Lender shall take such action regarding notice of sale and shell give such notices to Borrower and and to other persons as Applicable Law may require. After the time required by Applicable Law and aft~r publication and posting of the notice o~ sale, Trustee, without demand on Borrower, shall. sell the Property at pubbc auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and illl any order Trustee determines. Trustee may postpone sale of the Property for a period or penods permitted by Applicable 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 purchaser Trustee's deed conveying the Property wIthOut any covenant or warranty. expressed or Implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale. incJudll1lg. but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any e)(cess to the person or persons legally entitled to it or to the clerk of the superior court of the county In which the sale took place. 23. Reconveyance. Upon payment of all sums secured by thiS Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender thiS Security Instrument and all notes 'eVidenCing debt secured by thiS Security Instrument to Trustee. Trustee shall reconvey the Property Without warranty to the person or persons legally entitled to It. Lender or the Trustee (whether or not the Trustee IS affiliated With Lender) may charge such person or persons a fee for reconveYlng the Property I but only If the fee IS not prohibited by Applicable Law. WAStilNGTON 1529 ()4 OIl Page 15 of 17 20040716001969.017 , 01-0836-065979019-0 24. Substitute Trustee. In accordance with Apphcablelaw, Lender may from time to time apPoint a successor trustee to any Trustee appointed hereunder who has ceased to act Without conveyance of the Property, the successor trustee shall succeed to all the title; power and duties conferred upon Trustee herem and by Apphcable Law. Trustee may destroy the Note and the Secunty Instrument three (3) years after Issuance of a full reconveyance or release (unless directed In such request to retain them) , . 25. Use of Property. The Property IS not used prrnclpally for agricultural purposes 26.Attomeys' Fees. Lender shall be entitled to recover Its reasonable attorneys' fees and costs In any action or proceeding to construe or enforce any term of thIS Security Instrument The term "attorneys' fees," whenever used In this Security Instrument, shall Include without hmitauon attorneys' fees mcurred by Lender In any bankruptcy proceeding or on appeal. . ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained m thiS Securrty Instrument and In any Rider executed by Borrower and recorded with It. xJ~~~ STEVEN BRENT ALTRINGER WASHINGTON 1$29 (04-01) Page 16 of 17 20040716001969.018 .'~ " 01-0836-065979019-0 ---------(Space Below This line For Acknowledgment) ---------- STATE OF WASHINGTON t) i Y(5. . County ss ~~:-"~=H""""~~::o....+---' before me the undersigned, a Notary mmlssloned and sworn, personally· appeared to me known to be the indlvldual(s) descnbed 10 and who executed the foregOing Instrument, and acknowledged to me tlJat he/shelthey signed and sealed the said Instrument as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal affixed the d V nd vear In ttus certificate above n My Commission expires: sil $l 0 ~ . WASHINGTON 1529(0401) ~""\"\\'" ary PU\bIrC In and for the State 0 ashmgtOn residing at ~~\ON ,.,. ~~JIII ..... 'Be......,.."""IJ-'"_£ .............. V..".,V'-'-e....=-________ _ .:::: ~~ ~",""\"'~ ~:& '/' .:: ~~~\ON 1,.;'11/, 9 ~" -_"."":.. ... , """'.0 f,y '" ::: :t::$-OlA~ ~~\. ~ ~ rnff8 + J-~~(I) ~ ., ., _0-,. , ~ ~ ~ c, la:E '/ ~ ~ UB\.'I: :' 0 -~ ..,;'11~3-18-\)}.#' ~ § ", ~ 111\\\\\""," ~ .:: I111I OF WAS~\~ I" \ \\\ \\\' .. ,." .... Page 17 of 17 20040716001969.019 ADJUSTABLE IRATE RUDER (12·I\IITA ~ndex -Payment and Rate Caps) 01-0836-065979019-0 THIS ADJUSTABLE RATE RIDER IS made this 7th day of July. 2004 , and IS Incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Oeed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to washington Mutual Bank (the OLender") of the same date and covering the property described In the Secunty Instrument and located at '3701 WELLS AVE N, RENTON, WA 98056 (Property Address) THIS RIDER CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY ,PAYMENT. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BEING LARGER THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE THAN 125% OF THE ORIGINAL AMOUNT (OR, $ 381,250.00 ) MY INTEREST RATE CAN NEVER EXCEED THE UMIT STATED IN THE NOTE AND RIDER. A BALLOON PAYMENT MAY BE DUE AT MATURITY ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the Secunty Instrument, Borrower and Lender further covenant and agree as follows. A. INTEREST RATE AND MONTHLY PAYMENT CHANGES Interest will be charged on unpaid Principal until the full amount of Principal has been paid Up until the first day of the calendar month that Immediately precedes the first payment due date set forth In Section 3 of the Note, I will pay mterestat a yearly rate of 3 .425 %. Thereafter until the first Change Date (as defined in SectIon 4 of the Note) I will pay Interest at a yearly rate of 1.250 %. The Interest rate I Will pay Will thereafter change In accordance WIth Section 4 of the Note. Section 4 of the Note provides for changes In the interest rate and monthly payment as follows 32843 111 011 Page 1 of 5 20040716001969.020 . 01-0836~065979019-0 4.· INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The Interest rate will pay may . change on the 1st day. of _---:.,--~-:'s:<:ep~t""emb ..... ""e""r"'-'-, ~2-,<0-,<0",,4,--____ , and on that day every month thereafter Each such day IS called a "Change Daten. (8) The Index On each Change Date, my Interest rate will be based on anli'ldex The nlndex" is the Twelve-Month Average, determined as set forth· below, of the annual Yields on actIVely traded Umted State~ Treasury· Secuntles adjusted to a constant matunty of one year as published by the Federal Reserve Board In the Federal Reserve Statistical Release entitled "Selected Interest Rates (H 15)" (the "Monthly Yields"). The Twelve-Month Average IS determined by adding together the Monthly Yields for the most recently avaJlable twelve months and dlvldmg by 12 The most recent Index figure available as of the date 15 days before each Change Date IS called the "Current Indexn. If the Index IS no longer available, the Note Holder Will· choose a new mdex which· IS . based upon comparable Information. The Note Holder will gIVe me notice of thiS chOice (C) Interest Rate Change Before ea~h Change Date, the Note. Holder will calculate my nevil Interest rate by adding Two & Two-Tenths percentage pOints 2.200 % ("Margin") to Current Index. The Note Holder Will then round the result of thiS addition to the nearest one thousandth of one percentage pOint (0001 %). Subject to the hmlts stated In Section 4(0) below, thiS rounded amount Will be my new Interest rate until the next Change Date In the event a new Index IS selected, pursuant to paragraph 4(B), a new Margin Will be determined The new Margin Will be the difference between the average of the old Index for the most recent three year penod which ends on the last date the Index was available plus the Margin on the last. date the old Index was available and the average of the new Index for the most recent three year penod which ends on that date (or If not available for such three year penod,for such time as It IS available). The difference Will be rounded to the next higher 118 of.1%. (0) Interest Rate Limit My Interest rate WIll never be greater than 9.950 % ("Cap"), except that follOWing any sale or transfer of the property which secures repayment of thiS Note after the first Interest rate Change Date, the maximum Interest rate Will be the higher of the Cap or 5 percentage points greater than the Interest rate in effect at the time of such sale or transfer. (E) Payment Change Dates Effective every year commencing september 1, 2005 , and on the same date each twelfth month thereafter ("Payment Change Date"), the Note Holder Will determine the 32843 C11'()11 Page 2 of 5 20040716001969.021 .. 01-0836-065979019-0 amount' of the monthly payment that would be suffIcIent to repay the projE!cted Principal balance I am expected to· owe as of the Payment Change Date In full on the maturity date at the Interest rate In effect 45 days pnor to the Payment Change Date In substantIally equal payments. The result of thIS calculatIon is the new amount of my monthly payment, subject to Section 4(F) below, and I WIll make payments In the new amount until the next Payment Change Date unless my payments are changed earher under Section 4(H) of the Note. (F) Monthly Payment limitations Unless SectIon 4(Hl and 4(1) below apply, the amount of my new monthly payment; beginning wIth a Payment Change Date, will be hmlted to 7 1/2% more or less than the amount I have been paYIng. ThiS payment cap appbes only to the Principal Payment and does not apply to any escrow payments Lender may require under the Security Instrument. (G) Changes In My Unpaid PrinCipal Due to Negative Amortization or Accelerated Amortization SInce my payment amount changes less frequently than the Interest rate· and since the monthly payment is subJect to the payment hrilltatlOns described In SectIon 4(F), my monthly . . payment could be less or greater than the amount of the Interest portIon of the monthly payment that would be suffIcient to repay the unpaid PrincIpal J owe at the monthly payment date In full on the maturrty date In substantially equal payments For each month that the monthly payment IS less than the Interest portIon, the Note Holder WIll subtract the monthly payment from the amount of the Interest portion and will add the difference to my unpClld Principal, and Interest WIll accrue on the amount of thIS dIfference at the current Interest rate For each month that the monthly payment IS greater than the Interest portIon, the Note Holder Will apply the excess towards a Principal reduction of the Note (H) limit on My Unpaid PrincIPal; Increased Monthly Payment My unpaId PrincIpal can never exceed a maxImum amount equal to 125% of the pranclpal amount ongmal borrowed. In the event my unpaId Principal would otherwise exceed. that 125% limItation, I Will begin paYIng a new monthly payment untIl the next Payment Change Date notwithstanding the 7 1/2% annual payment Increase limItation The new monthly payment Will be an amount which would be suffIcient to repay my then unpaid princIpal in full on the matuTlty date at my Interest rate In effect the month pnor to the payment due date In substantially equal payments. (I) Required Full Monthly Payment On the FIFTH anniversary of the due date of the first monthly payment, and on that same day every FIFTH year thereafter, the monthly payment will be adjusted without regard to the payment cap limItation In SectIon 4(F). (J)-Notice of Changes The Note Holder WIll dehver or mad to mea notice of any changes In the amount of my 32843.111.(1) Page 3 of 5 20040716001969.022 , .•.. 01-0836-065979019-0 monthly payment before the effective date of any change The· notice will Include Information required by law to be given me and also the title and telephone number of a person who Will answer any questions I. may have regarding the notice. (I() Failure to Make Adjustments If for any reason ·Note Holder falls to make an adjustment to the Interest rate or payment amount as described In this Note, regardless of any notice requirement, I agree that Note Holder may, upon discovery of such failure, then make the adjustment as If they had been made on time I also agree not to hold Note Holder responsible for any damages to me which may result from Note Holder's failure to make the adjustment and to let the Note Holder, at Its option, apply any excess momes whIch I may have paid to partial prepayment of unpaid "Pnncipal n B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument IS amended to read as follows: Transfer of the Property or a BenefiCial Interest in Borrower As used rn this Section 18, "Interest In the Property" means. any legal or benefiCial interest In the Property, Includrng, but not hmlted to, those benefiCial Interests transferred In a bond for· deed, contract for deed, Installment sales contract or escrow agreement , the Intent of which IS the transfer of title by· Borrower at a future date to a purchaser. If all or any part of the Property or any Interest In the Property is sold or transferred (or If a beneftclal interest In Borrower IS sold or transferred and Borrower IS not a· natural person) WithOUt Lender'S prior written consent, Lender may reqUire Immediate payment In full of all sums secured by thIS Security Instrument. However, thiS optIon shall not be exercised by Lender If exercise IS prohibited by Applicable Law Lender also shall not exercise thiS option If (a) Borrower causes to be submitted to Lender InformatIon reqUired by Lender to evaluate the intended transferee as If a new loan were being made to the transferee; (b) Lender reasonably determmes that Lender's secunty will not be Impaired by the loan assumption and that the nsk ota breach of any covenant or agreement In thIS Security Agreement or other obhgations related to the Note or other loan document IS acceptable to Lender, (d) Assuming party executes AssumptIon Agreement acceptable to Lender at ItS sole chOIce and discretion, which Agreement may Include an Increase to Cap as set forth below and (d) payment of· AssumptIon Fee If requested by Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condItIon to Lender's consent to the loan assumption, and lender may Increase the maxImum Interest rate limit to the higher of·the Cap or 5 percentage POints greater than the Interest rate In effect at the tIme of the transfer. lender may also require the transferee to sign an assumptIon agreement that IS acceptable to lender and that obligates the 32843 '1 Hl1l Page4·of 5 20040716001969.023 ol-osi6-065979019-0 transferee to keep all the promIses and agreements made In the Note and In thiS Secunty Instrument. Borrower will continue to beobhgated under the Note and thiS Security . Instrument unless Lender has entered Into a wrItten assumption agreement with transferee and formally releases Borrower. If Lender exercIses thiS option, Lender shall give Borrower notIce of acceleration The notice shall provide a period of not less than 30 days from the date the notice IS gIven m accordance with Section 15 withm which Borrower must pay all sums secured by thiS Security Instrument. If Borrower falls to pay these sums prior to the eXpiration of thiS period, Lender. may Invoke any remedies permitted by thiS SeCUrity Instrument WithOut further notIce or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In thiS Adjustable Rate Rider. Borrower agrees to execute any document necessary to reform thiS Agreerilent to accurately reflect the terms of the Agreement between Borrower and Beneficiary or ~f the onglnal Note, Trust Deed or other document IS lost, mutilated or destroyed. STEVEN BRENT ALTRINGER 32843.{11-o1) Pege 5 of 5 20040716001969.024 .'.,' ExamITA "'ARCEl...A -'-Ile Ba"t 125 fcet:ofTraot 80 ofC D Hillmans Lake Washington Garden ofEdeu No. 2 •• according to ~11C plat thereof recorded in Volume 11 of'Plats, page 64. records ofKmg County. Washington; PARCELB: The West 100 feet oflhe East 225 feet of'Tract 80 of C. D. Hillmans Lake Washington Garden of Eden No 2, accordmg to tbe plat thereofre:corded in Vohone 11 of Plats. page 64, r&COTds ofKlng County, Washington End of Scbedule A Pe.gcZaf"7 Order Number. 356761 -AFTER RECORDING RETURN TO WashUlgton Mutual Bank c/o ACS IMAGE SOLUTIONS 12691 PALA DRIVE -MS156DPCA GARDEN GROVE, CA 92841 20040726001448.001 III~~IIIIIIIIIIII 20040726001448 LAUVERS lITL.E DT 45 00 ... PAGE001 OF 026 07126/2004 Ul 18 KING COUNTV, lolA SECURITY INSTRUMENT COVER SHEET 01-0836-065979020-8 Please print or type information Document Tltle(s) (or transactions contained therein): 1 Deed of Trust GrantorlTrustor/Mortgagor(s) (Last name first, then first name and initials) 1 STEVEN B ALTRINGER 2 .. ()1")"'C'!) '81 c"l 'f:~r ,,'-'.... ~G"B~ 3 'i-lrr\.~. -;( .,--.c, '\ }. ... ,,"'\ ~t',-\:lt~C'fO'N ~ 4 \..., OS-.,~l>S-II 5.0 Additional names on page __ of document. . *-... rO~ .... ~ .. ~~ -~ """\/~lr Grantee/Beneflclary/Mortgagee(s) I . ~ \...(J I\..V 1 Washington Mutual Bank Legal Descnptlon (abbreViated: I.e. lot, block;-plat or section, township, range) TRACT 80 OF C. D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THAT PORTION THEREOF LYING EASTERLY OF A LINE PARALLEL WITH AND 225 FEET WESTERLY OF THE EASTERLY LINE THEREOF. 0 Additional legal IS on page of document. Assessor's Property Tax Parcel/Account Number(s} 1: 334270-0375-03 2. 3. 4. ThiS document prepared by: NANCY ABBOTT 3060 139TH AVE SE, STE 401 BELLEVUE, WA 98005 2838112001 AFTER RECORDING RETURN TO. washington Mutual Bank C/O ACS IMAGE SOLUTIONS 12691 PALA DRIVE -MS156DPCA GARDEN GROVE, CA 92841 20040726001448.002 ----------[Space Above This Line For Recording Data] ---------- LAWYERS TITLE AGENCY OF WASHINGTON 356764 DEED Of TRUST 01-0836-065979020-8 DEFINITIONS Words used In multIple sections of thIS document are defined below and other words are defined In SectIons 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used In thiS document are also provided 10 Section 16 (Al "Security Instrument" means. thIS document, which IS dated July 16, 2004 together wIth all Riders to thiS document. (B) DBorrower" IS STEVEN B ALTRINGER, also appear1ng of record as STEVEN BRENT ~TaRINGERi as a Beparateestate Borrower IS the trustor under this SecUrity Instrument (e) "Lender" is Washington Mutual Bank, a Washington cOl::poration Lender is a Bank organized and eXlstmg under the laws of washlllgton Lender's address IS 1201 Third Avenue Seattle, WA 98101 Lender IS the beneficiary under thiS Security Instrument (D) "Trustee" is LAWYERS TITlJEAGENCX OF WASHINGTON, a washington co:r:::poratJ.on (El "Note" means the promissory note signed by Borrower and dated July 16, 2004 The Note states that Borrower owes Lender One Hundred Forty-Three Thousand & 00/100 Dollars (U S $ 143,000.00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt 10 full not later than August J, 2Q34 (F) "Property" means the property that IS described below under the headang nTransfer of Rights In the Property." (G) "Loan" means the debt eVidenced by the Note, plus mterest, any prepayment charges and late charges due under the Note, and all sums due under thiS Security Instrument,· plus Interest WASHINGTON 1529 (04 01) Page 1 of 17 20040726001448.003 01-0836-065979020-8 (H) "Riders" means all Riders to this Secunty Instrument that are ~xecuted by Borrower. The following Riders are to be executed by Borrower [check box as apphcable}: [XJ Adjustable Rate Rider 0 Condominium Rider {X] 1-4 Family Rider o Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment RIder o Balloon Rider 0 Rate Improvement Rider ' 0 Second Home Rider • , 0 Other(s} [speCify) (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and admlOlstrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judiCial opInions. ' (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by -8 condominium assocIation, homeowners association or Similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction onglnated by check, draft, or Similar paper Instrument, which IS Initiated through an electrOnic terminal, telephonic Instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmanclal institution to debit or credit an account. Such term Includes, but is not limited to, point-of-sale ' transfers, automated teller machine transactIons, transfers IOltlated by telephone, wire transfers, and automated cleannghouse transfers (l) "Escrow Dtems" means those Items that are descnbed In Section 3. (M) "Miscellaneous Proceeds", means any compensation, settlement, award of damages, or proceeds, whether by way of Judgment, settlement or otherwise, paid by any third party (other than Insurance proceeds paid under the coverages descnbed In Section 6) for: (I) damage to, or destruction of, the Property, (II) condemnation or other taking of all or any part of the Property; (III) conv,eyance In heu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property eN) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of, or default on, the Loan (0) "Periodic Payment" means the regularly scheduled amount due for (I) prinCipal and Interest under the Note, plus (il) any amounts under Section 3 of thiS Securrty Instrument (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U S.C. Section 2601 et seq.) and Its Implementmg regulation, Regulation X (24 C.F.R Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter As used in thiS Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed In regard to a ufederally re/ated mortgage loann even If the Loan does not qualify as a "federally related mortgage loan" under RESPA. (0' "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obhgations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY ThIS Sec.urlty Instrument secures to Lender: (I) the repayment of the Loan, and all renewals, extensions and modifications of the Note, (II) the performance of Borrower's covenants and agreements under thiS Security Instrument and the Note; and (iii) the performance of all agreements of borrower to pay ,fees and charges arising of the Loan whether 'or not herein set forth. For this purpose, Borrower Irrevocably grants and conveys to Trustee, In trust, With power WASHINGTON 1529 ()4 0 Il Page 2 of 17 20040726001448.004 .'~ .' 01-0836-065979020-8 of sale, the following described property located in _" _____ ..JKllol. .... n ... g~ _____ _ County, Washington: TRACT 80 OF C. D. HILLMAN'S LAKE WASHINGTON' GARDEN OF EDEN ADDITION TO SEATTLE, DIVISION NO.2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE" 64, RECORDS OF KING COUNTY, WASHINGTON. ExCEPT THAT PORTION THEREOF LYING EASTERLY OF A LINE PARALLEL WITH AND 225 FEET WESTERLY OF THE EASTERLY LINE THEREOF. which currently has the address of 3702 LAKE WASHINGTON BLVD N (Street] RENTON ' Washington 98056 ("Property Address") [City) [ZIp Code) TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregOing IS referred to In thiS Security Instrument as the "Property If BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed " and has the fight 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 to the Property agamst all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRVMENT combmes uniform covenant~ for national use and non-Uniform covenants with limited variations by JUriSdiction toconstnute a Uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and Interest on, the debt eVidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this SeCUrity Instrument shall be made In U.S. currency However, If any check or other Instrument received by Lender as payment under the Note or thiS Security Instrument, IS returned to Lender unpaid, Lender may reqUire that any or all subsequent payments due under the Note and this SecuntYlnstrument be made In one of more of the follOWing forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or· cashier's check, provided any such check IS drawn upon an institution whose deposits are Insured by a federal agency , Instrumentality, or entity, or Cd) ElectrOnic Funds Transfer . Payments are deemed received by Lender when received at the location deSignated In the Note or at such other location as may be designated by Lender m accordance with the notice prOVisions In Section 15. Lender may return any payment or partial payment If the payment or partial payments are inSUffiCient to brmg the Loan current. Lender may accept any payment or partial payment InsuffiCient to bring the Loan current, without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments In the future, but "Lender Is.not obligated to apply such payments at the time such payments are accepted If each PenodlC WASHINGTON 1529(0401) Page 3 of 17 20040726001448.005 , 01-0836-065979020-8 Payment is applied as of Its scheduled due date, then Lender need not pay interest on unapphed funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so Within a reasonable period of time, lender shall either apply such funds or return them to Borrower. If not applied earher, such funds Will be applied to the outstanding pnnclpal balance under the Note Immediately prror to foreclosure No offset~ or claim which Borrower might have now or in the future against Lender shall reheve Borrower from making payments due under the Note and this Securrty Instrument or performing the covenants and agreements secured by this Security Instrument. . 2. Applicatron of Payments or Proceeds. Except as otherWise descrrbed in thiS Section 2, all payments accepted and· applied by Lender shall be apphed In the follOWing order of pnorlty (a) Interest due under the Note; (b) prrnclpal due under the Note, (c) amounts due under Section 3 Such payments shall be apphed to each Periodic Payment in the order In which It became due. Any remaimng amounts shall be applied first to late charges, second to any other amounts due under thIs Security Instrument, and then to reduce the principal balance of the Note. . If Lender receives a payment from Borrower for a delinquent Perrodlc Payment which Includes a suffiCIent amount to pay any late charge due, the payment may be apphed to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the PeriodiC Payments If, and. to the extent that, each payment can be palq In full To the extent that any excess eXists after the payment IS applied to the full payment of one or more PeriodIc Payments, such excess may be appbed to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as deSCribed In the Note. . .. Any apphcatlon of payments, Insurance proceeds, or Miscellaneous Proceeds to prrnclpal due under the Note shall not extend or postpone the due date, or change the· amount, of the Perrodlc Payments. . 3 Funds for .Escrow Items. Borrower shal! pay to Lender on the day PeriodIC Payments are due under the Note, until the Note is paid In full; a sum (the "Funds") to provide. for payment of amounts due for: (a) taxes and assessments and other items which can attaIn pnonty over this Securrty Instrument as a lien or encumbrance of the Property; (b) leasehold payments or ground rents on the Property, If any; (c) premiums for any and all insurance required by Lender under Section 5; and (dl Mortgage Insurance premiums, If any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums In accordance With the provIsions of SectIon 10 These items are called "Escrow Items." At Origination or at any time during the term of the Loan, Lender may require that Community ASSOCiatIOn Dues, Fees, and Assessments, If any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under thiS Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender 'waives Borrower's obligation to pay the Funds for any or all Escrow Items. lender may waive Borrower's obhgatlon to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In Writing. In. the event of such waiver, Borrower shall pay· directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been Waived by Lender and, If Lender reqUires, shall furnish to Lender receipts evidenCing such payment within such time period as Lender may require Borrower's oblrgatlon to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained In thiS Security Instrument, as the phrase "covenant and agreement" IS used in Section 9 If Borrower IS obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount due for an Escrow Item, Lender may exercise Its nghts under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke WASHINGTON . 1629 (04-011 Page 4 of 17 20040726001448.006 01-0836-065979020-8 the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to lender all Funds, and In such amounts, that are then reqUired under thiS Section 3. , lender may, at any time, collect and hold Funds 10 an amount (a) suffiCIent to permit Lender to apply the Funds at the time specified under RESPA, and (b) ~not to exceed the maXImum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the baSIS of current data and reasonable estimates of expendrtures of future Escrow Items or otherwise In accordance With Apphcable law The Funds shall be held In an mstltution whose depOSits are Insured by' a federal' agency, Instrumentahty, or entity (Including Lender, If lender is an Institution whose deposits are so insured) or to any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA Lender shall not charge Borrower for holding and applymg the Funds, annually analYZIng the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law permits lender to make such a charge. Unless an agreement is made 10 Writing or Apphcable Law requires interest to be p8ld on the Funds, Lender shall not be reqUired to pay Borrower any Interest or earnmgs on the Funds Borrower and Lender can agree In writing, however, that Interest shall be paid on the Funds. Lender shall give to Borrower, Without charge, an annual accounting ,of the Funds as reqUIred by RESPA. If there IS a surplus of Funds held m escrow, as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make ,up the shortage In accordance With RESPA, but In no more than twelve monthly payments If there IS a deficiency of Funds held In escrow, as defined under RESPA, lender shall notify Borrower as requIred by RESPA, and Borrower shall pay, to Lender the amount necessary, to make up the defiCiency In accordance With RESPA, but In no more than twelve monthly payments. Upon payment in full of all sums secured by this' Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, flOes, and ImpOSitions attributable to the Property which can attain PriOrity over thiS Securrty Instrument, leasehold payments or ground rents on the Property, If any, and Community AssociatIon Dues, Fees, and Assessments, If any. To the extent that these items are Escrow Items, Borrower shall pay them 10 the manner provided In Section 3 Borrower shall promptly discharge any hen which has prtOrity over thIS Security Instrument unless borrower: (a) agrees in writing to the payment of the obligation secured by the hen In a manner acceptable ,to Lender, but only so long as Borrower is performing such agreement, (b) contests the hen in good faith by, or defends agamstenforcement of the hen in, legal proceedings which In lender's opmlon operate to prevent the enforcement of the lienwhtle those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the hen an agreement satisfactory to Lender subordmatlng the hen' to thiS Securrty Instrument. If Lender determmes that any part of the Property IS subject to a hen which can attain prtorlty over thIS Security Instrument, Lender may give Borrower a notice IdentifYing the lien Within 10 days of the date on which that notice IS given, Borrower shali satisfy the hen or take one or more of the actions set forth above In thiS Section 4. ' Lender may require Borrower to pay a one-tIme charge for a real estate tax verification and/or reporting service used by Lender In connection with thiS loan. ' WASHINGTON 1529 (04 011 Page 5 of 17 , 20040726001448.007 , 01-0836-065979020-8 5. Property Insurance. Borrower 'shall keep the Improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards Included Within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires Insurance. This Insurance shall be maintained In the amounts (including deductible levels) and for the penods that Lender reqyjres What lender requires pursuant to the preceding sentences can change dUring the term of the Loan. The Insurance carner providing the Insurance shall be chosen by Borrower subject to lender's TIght to disapprove Borrower's chOice, which right shall not be exercised unreasonably lender may require Borrower to pay, In connection with this Loan, either' (a) a one-time charge for flood zone determmation, certlflcatlon and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or smillar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees Imposed by the Federal Emergency Management Agency In connection with the review of any flood zone determination resulting from an objection by Borrower If Borrower fads to maintain any of the coverages deSCribed above, lender may obta", Insurance coverage, at Lender's option and Borrower's expense lender IS under no obligation to purchase any particular type or amount of coverage. lender may purchase such insurance from or through any company acceptable to 'Lender including, Without limitation, an affiliate of Lender, and Borrower acknowledges and agrees that Lender's affiliate may receive consideration for such purchase. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower'S equity in the Property, or the contents of the Property, against any risk, hazard or liability and might prOVide greater or lesser coverage than was previously In effect. Borrower acknowledges that the cost of the ,Insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained Any amounts dISbursed by Lender under thIS Section 5 shall become additional debt of Borrower secured by thiS Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, With such interest, upon notice from Lender to Borrower requesting payment All Insurance poliCies reqUired by Lender and renewals of such polices shall be subject to Lender's right ,to disapprove such poliCies, shall Include a standard mortgage clause, and shall· name Lender as mortgagee and/or as an additional loss payee. Lender shall have the Tight to hold the policies and renewal certificates. If Lender reqUires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtainS any form of Insurance coverage, not otherwise reqUired by Lender, for damage to, or destruction of, the Property, such policy shall Include a standard mortgage .clause and shall name Lender as mortgagee and/or as an addItional loss payee Borrower hereby absolutely and Irrevocably assigns to Lender all of Borrower's nght, title and interest In and to all proceeds from any insurance policy (whether or not the Insurance policy was reqUIred by Lender) that are due, paId or payable With respect to any damage to such property, regardless of whether the insurance policy IS established before, on or after the date of thiS Security Instrument. By absolutely and irrevocably assigning to Lender aU of Borrower's nghts to receive any and all proceeds from any Insurance poliCY, Borrower hereby waives, to the full extent allowed by law, all of Borrower's nghts to receive any and all of such Insurance proceeds Borrower hereby absolutely and Irrevocably assigns to Lender all of Borrower's right, title and Interest In and to (a) any and all claims, present and future, known or unknown, absolute or contingent, (b) any and all causes of action, (c) any and all Judgments and settlements (whether through litigation, mediation, arbitration or otherWise), (d) any and all funds sought against or from any party or parties whosoever, and (e} any and all funds received or receivable In connection with any damage to such property, reSUlting from any cause or causes whatsoever, WASHINGTON '529 (04 011 Page 6 of 17 20040726001448.008 .' ... 01-0836-065979020-8 mcludlng but not limited to, land subsidence, landslide, wmdstorm, earthquake, fire, flood or any other cause Borrower agrees to execute, acknowledge If requested, and deliver to Lender, and/or upon notice from Lender shall request any IOsurance agency or company that has ISSUed any Insurance policy to execute a'1P deliver to Lender, any additional instruments or docu'ments requested by Lender from time to time to eVidence Borrower's absolute and irrevocable assignments set forth 10 thiS paragraph. In the event of loss, Borrower shall give prompt notice to the Insurance carner and Lender Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherWise agree In writing, any Insurance proceeds, whether or not the underlymg Insurance was required by Lender, shall~ be applied to restoration or repair of the Property, if the restoration ~or repair IS economically feasible and Lender's security is not lessened. During such repaIr and restoration penod, Lender shall have the right to hold such Insurance proceeds until Lender has had an opportunrty to Inspect such Property to ensure the work has been completed to Lender's satisfaction, prOVided that such Inspection shall be undertaken promptly. Lender may dIsburse proceeds for the repaJrs and restoratIon in a sIngle payment or In a senes of progress payments as the work IS completed. Unless an agreement IS made In wrrtlng or Applicable Law requIres interest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any Interest or earnmgson such proceeds. Fees for public adJusters, or other third parties, retatned by Borrower shall not be prod out of the Insurance proceeds and shall be the sole obhgatlon of Borrower If the restoration or repair is not economically feasible or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums secured by this Securtty Instrument, whether or not then due, With the excess, If any, paid to Borrower Such Insurance proceeds shall be applied m the order prOVided for In Section 2. If Borrower abandons the Property, Lender may file, negotIate and settle any available msurance claim and related matters. If Borrower does not respond within 30 days to a notIce from Lender thin the Insurance carner has offered to settle a claIm, then Lender may negotiate and settle the claim The 30-day penod will begin when the notice IS given. In either event, or If Lender acquires the Property under Section 22 or otherWise, Borrower hereby assigns to Lender (a) Borrower's TIghts to any Insurance proceeds in an amount not to exceed the amounts unpaId under the Note or thiS Security Instrument, and (b) any other of Borrower's rights (other than the , fight to any refund of unearned premiums paid by Borrower) under all insurance pohcles covertng the Property, tnsofar as such nghts are apphcable to the coverage of the Property; Lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or thiS SecuTlty Instrument, whether or not then due 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's prinCipal residence within sixty days after the execution of this Security Instrument and shall contmue to occupy the Property as Borrower's prrnclpal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writIng, whIch consent shall not be unreasonably WIthheld, or unless extenuating circumstances eXist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, d-amage or Impair the Property, or remove or demolish any bUlldmg thereon, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower IS resldmg In the Property, Borrower shall maintarnthe Property In good condition and repalr.in order to prevent the Property from deteriorating or decreaSIng in value due to its condition. Unless It is determined pursuant to Section 5 that repair or restoratIon IS not economIcally feasible, E30rrower shall. promptly repair the Property In good and workman like manner If damaged to aVOid further WASHINGTON 1529 (04-011 Page 7 of 17 20040726001448.009 01-0836-065979020-8 det'erioration or damage. Lender shall, unless otherwise' agreed In writing between Lender and Borrower, have the right to hold Insurance or condemnation proceeds If insurance or condemnation proceeds are paid In connection with damage tOi or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only If Lender has released proceeds. for such purposes ,Lender may dIsburse proceeds for the repairs and restoration In a ~ single payment or in a senes of progress payments as the work is completed If the Insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower IS not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or ItS agent may make reasol1able entnes upon and Inspections of the Property. If It has reasonable cause, Lender may Inspect the Intenor of the improvements on the Property Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause Lender does not make any warranty or representation regarding, and assumes no responsibility for, the work done on the Property, and Borrower shall not have any right to, rely in any way on ~ny inspectlon(s) by or for Lender or Its agent. Borrower shall be solely responsible for determining that the work IS done in a good, thorough, efficient and workmanlike manner In accordance With all apphcable laws Borrower shall (a) appear in and defend any action or proceeding purporting to affect the secuTlty hereof, the Property or the Tights or powers of Lender or Trustee; (b) at Lender's option, assign to Lender, to the extent of Lender's interest, any claims, demands, or causes of action of any kind, and any award, court Judgement, or proceeds of settlement of any such claim, demand or cause of action of any kind whIch Borrower now has or may hereafter acquire arrslng out of or relating to any Interest In the acquIsition or ownership of the Property Lender and Trustee shall not have any duty to prosecute any, such claim, demand or cause of action. Without limiting the foregOing, any such cl8lm, demand or cause of action arising out of or relating to any Interest in the .acqulsltlon or ownership of the Property may Include (I) any such Injury or damage to the Property Including Without hmlt Injury or damage to any structure or improvement Situated thereon, '(ii) or any claim or cause of action In favor of Borrower which arises 'out of the transaction financed In whole or In part by the making of the loan secured hereby, (III) any claim or cause of action In favor of Borrower (except for bodily Injury) which anses as a result of any , negligent or improper construction, installation or repair of the Property Including without hmlt, any surface or subsurface thereof, or of any bUlldmg or structure thereon or (IV) any proceeds of .Insurance, whether or not required by Lender payable as a result of any damage to or otherWise relatlOg to the Property or any Interest therein Lender may apply, use or release such montes so receIVed by It 10 the same manner as proVided 10 Paragraph 5 for the proceeds of msurance. S. Borrower's, Loan Application. Borrower shall be 10 default If, dUring the Loan appllcatlon process, Borrower' or any persons or entities actln9 at the direction of Borrower or With Borrower's knowledge or consent gave materially false, misleading, or tnaccurate Iriformation or statements to Lender (or failed to prOVide Lender WIth material Information) In connection With the Loan. Matenal representations Include, but are not limited to, representations concerning. Borrower's occupancy of the Property as Borrower's prinCipal reSidence. - 9. Protection 4:>f lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower falls to perform the covenants and agreements contained in thiS Secunty Instrument, (b) there IS a legal proceedmg that might significantly affect Lender's Interest In the Property' and/or TIghts under thiS Secunty Instrument (such as a proceeding In bankruptcy, probate, for' condemnation or forfeiture, for enforcement of a hen which may attain' pnOrlty over this Secunty Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever IS reasonable or appropnate to protect Lender's interest In the Property and rights under thIS Security Instrument, including protecting WASHINGTON 1629104 01) Page 80f17 20040726001448.010 01-0836-065979020-8 and/or ~sessmg the value of the Property, and S:ecurlng and/or repairing the Property Lender's actions can include, but are not hmlted to· (a) paying any sums secured by a hen which has priority over this Securrty Instrument; (b) appearrng In court; and (c) paying reasonableattomeys' fees to protect Its Interest In the· Property and/or nghts under this Securrty Instrument, including Its secured position in a bankruptcy proceeding Securing the Property Includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and Windows, drain water from PIPes, eliminate building or other code VIolations or dangerous conqitions, and have utilities turned on or off. Although Lender may take action under this Section 9:, Lender does not have to do so and IS not under any duty or obligation to do so. It IS agreed that Lender Incurs no liability for not taking any or all actions authOrized under thiS Section 9. Any amounts disbursed by Lender under this Section 9 shall become addItional debt of Borrower secured by thiS SecUrity Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, With such Interest, upon notIce from Lender to Borrower requestang payment. If thiS Securrty Instrument IS on a leasehold, Borrower shall comply WIth all the proviSIons of the lease. If Borrower acquires fee tItle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing ·10. Mortgage Insurance. If Lender required Mortgage Insurance. as a condition of making the Loan, Borrower shall pay the premiums reqUired to mamtain the Mortgage Insurance In effect If, fOTany reason, the Mortgage Insurance coverage reqUIred by Lender ceases to be available from the mortgage Insurer that previously prOVIded such insurance and Borrower was required to make· separately deSignated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums reqUired to obtain coverage substantially equivalent to the Mortgage Insurance previously 10 effect, at a cost substantially eqUivalent to the cost to Borrower of the Mortgage Insurance previously In effect, from an alternate mortgage rnsurer selected by Lender If substantially eqUIvalent Mortgage Insurance coverage IS not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these Pilyments as a non-refundable Joss reserve In lieu of Mortgage Insurance Such loss reserve shall be non-refundable, notWithstanding the fact that the Loan IS ultimately paid In full, and Lender shall not be reqUired to pay Borrower any Interest or earnings on such loss reserve. Lender can no longer require loss reserve payments If Mortgage Insurance coverage (in the amount and for the penod that Lender requires) proVided by an Insurer selected by Lender again becomes available, IS obtained, and Lender requires separately deSignated payments toward the premiums for Mortgage Insurance. If Lender reqUired Mortgage Insurance as a condition of making the Loan. and Borrower was reqUired to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to' maintain Mortgage Insurance In effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance With any wrrtten agreement between Borrower and Lender providing for such termination or until termination IS reqUITed by Applicable Law Nothing In this' Section 10 affects Borrower's obligation to pay Interest at the rate prOVided In the Note. . . Mortgage Insurance reimburses Lender (or any eritlty that purchases the Note) for certain losses It may Incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage Insurers evaluate their total fisk on all such insurance In force from tIme to time, and may enter Into agreements With other parties that share or modify their risk, or reduce losses These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party· (or parties) to these agreements. These agreements may require· the mortgage WASHINGTON 1529 (04 01) Page 90f 17 20040726001448.011 01-0836-065979020-8 Insurer to make payments using any' source of funds that the mortgage insurer may have available (which may Include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsurer, any other entity, or any afflhate of any of the foregoing, may receive (directly or indirectly) amounts that denve from (or might he characterized as) a portion of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying the mortgage Insurer's risk, or redUCing losses If such agreement prOVIdes that an affiliate of Lender takes a share of the Insurer's risk In exchange for a shareot the premiums paid to the Insurer, the arrangement IS often termed "captive reinsurance. n Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance. or any other terms of the loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any slJlch agreements will not affect the rights Borrower has -If any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures. to request and o~in cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were. unearned at the time of such cancellation or termination. 11. Assignment of MisceUaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assIgned to and shall be paid to Lender If the Property IS damaged, such Miscellaneous Proceeds shall be apphed to restoratton or repair of the Property, if the restorj'ttlon or repair IS economically feaSible and Lender's security IS not lessened. Durmg such repair and restoration period, Lender shall have the right to hold such MIscellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure , the work has been completed to Lender's satisfaction, provl~ed that ~uch Inspection shall be undertaken promptly Lender may pay for the repairs and restoration In a Single disbursement or In a senes of progress payments as the, work is completed. Unless an agreement is made In writing or Applicable Law requires Interest to be paid· on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repaIr IS not economically feaSible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by thiS Security Instrument, whether or not then due, with the excess, It any, paid to Borrower Such Miscellaneous Proceeds shall be applied In the order prOVided for in Section 2 In the event of a total takmg,'destructlon, or loss In value of the Property, the Miscellaneous Proceeds shall be applJed to the sums secured by this Security Instrument, whether or not then due, With the excess, If any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property In whIch the fair market value of the Property Immediately betore the partial taking, destruction, or loss In value IS equal to or greater than the amount of the sums secured by thiS Security Instrument Immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherWise agree In wntlng, the sums secured by thiS Security Instrument shall be reduced by the amount of the MIscellaneous Proceeds multiplied by the following fraction' (a) the total amount of the sums secured immedIately before the partial taking, destructIon, or loss In value diVided by (b) the fair market value of the Property immediately before the partial takIng, destruction, or loss In value Any balance shall be paid to Borrower. . In the event of a partial takmg, destruction, or loss in value of the Property In which the fair market value of the Property immediately before the partIal taking, destruction, or loss In value IS less than the amount of the sums secured immediately before' the partial taking, destruction, or WASHINGTON 1629 (04-011 Page 10 of 17 20040726001448.012 01-0836-065979020-8 loss In value; unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due If the Property IS abandoned by Borrower, or If, after notice by Lender to Borrower that the Opposing Party (as defined In the next sentence) offers to make an award to settle a c~alm for damages, Borrower fads to respond to Lender wlthm 30 days after the date the notice IS given, Lender IS authOrized to collect and apply the MIscellaneous Proceeds erther to restoration or repaJr of the Property or to the sums secured by thiS Security Instrument, whether or not then due. "Opposing Party" means the thIrd party that owes Borrower MIscellaneous Proceeds or the party against whom Borrower has a TIght of actIon In regard to Miscellaneous Proceeds. Borrower shall be In default If any action or proceeding, whether Civil or criminal, IS begun that, In Lender's judgement, could result In forfeiture of the Property or other material Impairment' of Lender's Interest In the Property or rights under thiS Security Instrument. Borrower can cure · such a default and, if acceleration has occurred, reinstate" as provided In Section 19, by causing the action or proceedtng to be dismissed With a ruhng that, In Lender's judgement, precludes · forferture of the Property or other matenal Impairment of Lender's Interest in the Property or nghts under thiS Securrty Instrument The proceeds of any award or claim for damages that are attrtbutable to the impairment of Lender's interest In the Property are hereby assigned and shall be paId to Lender.·' . . All Miscellaneous Proceeds that are not applied 'to restoration or repair of the Property shall be applted In the order provided for In Section 2. .. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. ThiS Security Instrument cannot be changed or modlfJed except as otherwIse prOVided herem or by agreement In writing · signed by Borrower, or any successor In Interest to Borrower and Lender. ExtenSIon of the time for payment or modification of amortizatIon of the sums secured by thiS Security Instrument granted by Lender to Borrower or any Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower Lender shall not.be reqUired to commence proceedings against any Successor In Interest of Borrower or to refuse to · extend time for payment or otherwise modify amortization of the sums secured by thiS Security Instrument by reason of any demand made by the ortglnal Borrower or any Successors In Interest· of Borrower. Any forbearance by Lender In exercIsing any right or remedy Includmg, without limitation, Lender's acceptance of payments from thIrd persons, entities or Successors In Interest of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercIse of any right or remedy. No waIver by Lender of any right under thiS Security Instrument shall be effective unless In writing. Waiver by Lender of any rIght granted to Lender under thIS Securtty Instrument or of any prOVISIon of thiS Security Instrument as to any transaction or occurrence shall not be deemed a waiver as to any future transaction or occurrence 13. Joint and Several Uabihty; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be JOint and several. However, any Borrower who co-signs thIS Securtty Instrument but does not execute the Note (a "co-signer"). (a) IS co-signing thIS Security Instrument only to mortgage, grant and convey the co-slgner's interest In the Property under the terms of thiS Security Instrument; (b) IS not .. personally obhgated to pay the sums secured by thIS Secunty Instrument: and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations With regard to the terms of thIS Secunty Instrument or the Note Without the co-slgner's consent. Subject to the prOVISions of Section 1 B, any Successor in Interest of Borrower who assumes Borrower'S obligations under thiS Security Instrument in Writing, and is· approved by WASHINGTON 1529.(04-011 Page 11 of 17 20040726001448.013 01-0836-065979020-8 Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release 10 writing The covenants ·and agreements of this SeCUrity Instrument shall bind (except as provided In SectIon 20) and benefit the successors and assigns of Lender. 14. loan Charges. Lender may charge Borrower fees for serlrlces performed in connection With Borrower's default, for the purpose of protecting Lender's Interest In the Property and raghts under thiS Security Instrument, includmg, but not limited to, attorneys' fees, property InspectIon and valuation fees. Borrower shall pay such other charges as l.ender may deem reasonable for servIces rendered by lender and furnished at the request of Borrower, any successor In Interest to Borrower or any agent of Borrower In regard to any other fees, the absence of express authority . In thiS Secunty Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.· Lender may not charge fees that are expressly prohibited by this Security Instrument or by Apphcable Law. If the Loan is subject to a law which sets maximum loan charges, and that law IS fmally Interpreted so that the Interest or other loan charges collected or to be collected In connection. With the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and. (b) any sums already collected from Borrower which exceeded permitted limIts Will be refunded to Borrower. Lender may choose to make this refund by redUCing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces prinCipal, the reduction will be treated as a partial prepayment Without any prepayment charge (whether or not a prepayment charge IS prOVided for under the Note) Borrower's acceptance of ,any such refund made by dIrect payment to Borrower will constitute a waiver of any fight of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connectIon With thiS Security Instrument must be In writing. Any notice to Borrower in connection With thIS Security Instrument shall be deemed to have beEm gIVen to Borrower when mailed by first class mall or when actually delivered to Borrower's notice address If sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requITes otherWise The notice address shall be the Property Address unless Borrower has deSignated a substitute notice address by notice to lender. Borrower shall promptly notify Lender of . Borrower's change of address. If Lender speCifies a procedure for reportmg Borrower's change of address, then Borrower shall only report a change of address through that speCified procedure. There may be. only one deSIgnated notice address under thiS Security Instrument at anyone time. Any notice to Lender shall be given by delivering It or mailing It by first class mall to Lender's address stated herein unless Lender has deSIgnated another· address by notice to Borrower. Any notice In connection With thiS Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice reqUired by thiS Security Instrument IS also reqi..IIred under Applicable Law, the Applicable Law reqUirement will satisfy the· corresponding reqUirement under this Security Instrument. e 16. Governing Law; Severability; Rules of Construction. ThiS Security Instrument shall be governed by federal law and the law of the JUrisdiction In which the Property IS located. All rights and obhgatlons contaIned In this Security Instrument are subject to any reqUirements and limitations of Applicable Law. Apphcable Law might expliCitly or impliCitly allow the parties to agree by contract or it might be Silent, but such silence shall not be construed as a prohlbrtlon against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Apphcable Law, such conflict shall not· affect other proVIsions of this Security Instrument or the Note which can be given effect Without the conflictIng prOVision. WASHINGTON 1529 (04-01l Page 12 of 17 20040726001448.014 I 01-0836-065979020-8 As used In this Security Instrument: (a) words of the mascuhne gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and Include the plural and vice versa; and (c) the word nmayn gIVes soJe discretion without any obligation to take any action. 17 Borrower's Copy. Borrower shall be given one copy of the Note and 'of this Security Instrument.' . 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in thiS SectIOn 18, "Interest in the Property" means any legal or beneficial Interest In the Property, includmg, but not hmlted to, those benefiCial Interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the Intent of which is the transfer of ritle by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property IS sold or transferred (or If Borrower IS not a natural person and a benefiCIal interest In Borrower is sold or transferred) Without Lender's prior wntten consent, Lender may require immediate payment In full of all sums secured by thiS Secu~lty Instrument However, thiS option shall not be exerCised by Lender,f such exercise is prohibited by Applicable Law. If Lender exercises thiS option, Lender shall give Borrower notice of acceleration. The notice shall prOVide a period of not less than 30 days from the date the notice IS gIVen In accordance WIth Section 15 wlthm which Borrower must pay all sums secured by thiS Security Instrument If Borrower fails to pay these sums prior to the expiration of thIS penod, Lender may Invoke any remedies permitted by thIS Security Instrument Without further notice or demand on Borrower 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of thIS Secunty Instrument discontinued at any time prior to the earhest of: (a) fIVe days before sale of the Property pursuant to any power of sale contained in thiS Security Instrument; (b) such other penod as Apphcable Law might specify for the termination of Borrower's nght to reinstate, or (c) entry of a judgement enforcing thiS Secunty Instrument Those conditIOns are that Borrower (a) pays Lender all sums which then would be due under thiS Secunty Instrument and the Note as If no acceleration had occurred; (b) cures any default of any other covenants or agreements, (c) pays a/l expenses Incurred In enforcmg thiS Secuntylnstrument; including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees Incurred for the purpose of protecting Lender's interest In the Property and rights under thiS Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's mterest In the Property and TIghts under thiS SeCUrity Instrument, and Borrower's obligation to pay the sums secured by thiS Security Instrument, shall continue unchanged. Lender may reqUire that Borrower pay such reinstatement sums and expenses in one or more of the following forms; as selected by Lender' (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, prOVIded any such check IS drawn upon an instItution whose depOSIts are Insured by a federal agency, Instrumentahty or entIty, or (d) ElectromcFunds Transfer Upon reinstatement by Borrower, thiS Security Instrument and obhgations secured hereby shall remain fully effective as if no acceleration had occurred. However, thiS nght to reinstate shall not apply in the case of acceleration under SectIon 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial Interest In the Note (together With thiS Security Instrument) can be sold one or more tImes without prtor notice to Borrower A sale might result In a change In the entity (known as the °Loan Servlcer") that collects Periodic Payments due under the Note and thiS Security Instrument and performs other mortgage loan servIcing obligations under the Note, thiS Security Instrument, and Apphcable Law There also might be one or more changes of the Loan Servlcer unrelated to a WASHINGTON 1529 (04011 Page 13 of 17 20040726001448.015 O~-0836-065979020-8 sale of the Note If there IS a charige of the Loan Servicer, Borrower will be given wntten notice of the change which will state the name and address of the new Loan Servlcer, the address to whlcn payments should be made and any other mformatlon RESPA requires In connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servlcer other than the purchaser of the Note, the mortgage loan serviCing obligations to Borrower will remain With the Loan ~ervicer or be transferred to a successor loan Servlcer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, jam, or be JOined to any judiCial action (as either an mdlvldual htigant or the member of a class) that arises from the other party's act/ons pursuant to· this Securrty Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, thiS Secunty Instrument, until such Borrower or lender has notified the other party (with such notice given in compliance With the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonablepenod after the giVing of such notice to take corrective action If Applicable Law prOVides a time period which must elapse before certarn action can be taken, that time penod Will be deemed to be reasonable for purposes of this paragraph .. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the ·notlce of acceleration given to Borrower pursuant to Section 18 shall· be deemed to satisfy the notice and opportunity to take corrective action provisions of thiS Section 20 21. Hazardous Substances. As used In thiS Section 21. (a) "Hazardous SubStances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the follOWing substances gasoline, kerosene, other flammable or toxic petroleum products, tOXIC pesticides and herbiCides, volatile solvents, matenals containing asbestos or formaldehyde, and radioactive matenals, (b) "EnVironmental Law" means federal laws and laws of the jUrisdiction where the Property IS located that relate to health, safety or environmental protection; (c) "EnVIronmental Cleanup" Includes any response action, remedial action, or removal action, as defined In EnVironmental Law, and (d)· an nEnvironmental Condition" means a condition that can cause, contribute to, or otherwise trigger an EnVironmental Cleanup. Borrower shall not cause or permit. the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in Violation of any EnVIronmental Law, (b) which creates an EnVironmental Condition, or (c) WhICh, due to the presence, use,. or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropnate to normal residential uses and to mamtenance of the Property "ncluding, but not limited to, hazardous substance In consumer products). Borrower shall promptly give Lender wntten notice of (a) any investlQ{ltlon, claim, demand, laWSUit or other action by any governmental or regulatory agency or pnvate party involVing the Property and any Hazardous Substance or EnVironmental Law of which Borrower has actual knowledge,(b) any EnVironmental Condition, includlOg but not limited· to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use, or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notlfted by any governmental or regUlatory authority, or any pTlvate party, that any removal or. other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all-necessary remedial actions In accordance With EnVironmental Law. Nothing herein shall create any obhgatlon on Lender for an EnVironmental Cleanup. WASHINGTON 1529 (04-01) Page 14 of 17 20040726001448.016 -...... i , .... - 01-0836-065979020-8 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows. 22. Acceleration; Remedies lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not .: prior to acceleration under Section 18 unless Applicable; Law provides otherwise). The notice shall , specify: (a) the default; (b) the action required to cure the default: (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured: and (d) that failure to cure the default on or before the date specified In the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property. The notice . shall further inform Borrower of the right to reinstate after acceleration and the right to brmg a court action to assert the non-existence of a default or allY other defense of Borrower to acceleratIOn and sale. If the default is not cured on or before the date specified In the notice, lender at its option may require IInmediate payment In full of all sums secured by this Security . Dnstrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies prOVided in this Section 22, Inch.iding, but not limited to, reasonable attomeys' fees and costs of title evidence. If Borrower or any successor in interest to Borrower files (or has fded against Borrower or any successor in interest to Borrower) a bankruptcy petition under Title II or . any successor title of the United States Code whioh provides for the curing of prepetition default due on the Note, interest at a rate determined by the Court shall be paid to Lender on post-petition arrears. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default. and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regardmg notice of sale and shall gIVe such notices to Borrower and and to other persons as Applicable Law may require. After the tune required by Appllcab,e Law and after publication and posting of the notice of sale, Trustee, wlthom demand on Borrower. shall sell the Property at. public auction to the highest bidder at the time and place and under the terms designated in the notice of sale 10 one or more parcels end in any order Trustee determmes. Trustee may postpone sale of the Property for a period or periods permitted· by Applicable !Law by public announcemant 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 purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or imphed. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale,lncludmg. but not limited to, re6lSonabie Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or. to the clerk of the superior court of the county in which the sale took place • . 23. Reconveyance. Upon payment of all sums secured by thiS Security Instrument. Lender shall request Trustee to reconvey the Property and shall surrender thiS Security Instrument and all notes eVidenCing debt secured by this Security Instrument to Trustee Trustee shall reconvey the Property Without warranty to the person or persons legally entitled to It. Lender or the Trustee (whether or not the Trustee IS affiliated With Lender) may charge such person or persons a fee for reconveymg the Property, but only jf the fee IS not prohibited by Applicable Law. WASHINGTON 1519 (04 01) Page 15 of 17 20040726001448.017 , .•.. 01-0836-065979020-8 24. Substitute Trustee. In accordance wIth Applicable Law, Lender may from tIme to tIme appoint a successor trustee to any Trustee appointed hereunder who has ceased to act Without conveyance of the Prope'rty, the successor trustee shall succeed to all the tItle, power and dutIeS conferred upon Trustee herein and by Applicable Law. Trustee may destroy the Note and the Secunty Instrument three (3) years after Issuance of a full reconveyance or release (unless dIrected In such request to retaIn them) . 25. Use of Property. The Property IS not used prinCIpally for agricultural purposes 26.Attomeys' Fees. Lender shall be entItled to recover Its reasonable attorneys' fees and costs Irl any action or proceedIng to construe or enforce any term of this Security Instrument The term "attorneys' fees, n whenever used 10 thIs Secunty Instrument, shall Include without limItatIOn attorneys' fees Incurred by Lender in any bankruptcy proceeding or on appeal ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In thIS Security Instrument and In any RIder executed by Borrower and recorded WIth It. WASHINGTON 1629 (0401) Pa'ge 16 of 17 20040726001448.018 01-0836-065979020-8 ----------(Space Below This Une For Acknowledgment) .---------- STATE OFWASHINGTON t5 \ ng;, . County 55. . Public On this. 1J) day of -:-,--:,~~,,:,l.:.r=~"""~~'--__ " before me the undersigned, a Notary In ~ for the Stat~~hm, commissioned and sworn, personally appeared ~ven 13. m.rrin?fL to me known to be the mdlvldual(s) descnbed In and who executed the foregOing Instrument, and acknowledged to me that he/she/they signed and sealed the said Instrument as hls/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal affixed the da a year In thiS certificate bo e written . My CommiSSion expires 7)/l.1SL01s - WASHINGTON 152910401) """'''\'''' _.s'....,ON 11#."'" 2' ~~"""\\\\III • it,; '/, = _~~;SION ~I!III;~ ~i -~"..,... '1".ol/. '" ~ E "'-f! +OTA",£. ~~~~ ~ -(f.)::u '" ~U) :::; ~ i -... OIi ~ "'cn~ 4 " :z ... ~ A. ~ 0 us\,.\: g ct' ::: 'I; "~'~,I\1·18-O~.$ R = '1/ ~ Illhl\"'''\''''':~'''~& .:: I111I OJ:-VVAS~"\ :-., .... -$" '11\\\\\\\\'-" .... Page 17 of 17 20040726001448.019 ADJUSTABLE RATE IRIDER (12-MTA Index -Payment and Rate Caps) 01-0836-065979020-8 THIS ADJUSTABLE RATE RIDER is made this 16th day of July. 2004 , and IS Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable .. Rate Note (the "Note") . to washington Mutual Bank (the "Lender") of the same date and covering the property descnbed In the Security Instrument and located at: 3702 LAKE WASHINGTON BLVD N, RENTON. WA 98056 (Property Address) THIS RIDER CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BEING LARGER THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE· THAN 125% OF THE ORIGINAL AMOUNT (OR $ 178,750.00 ). MY INTEREST RATE CAN, NEVER EXCEED :rHE LIMIT STATED IN THE NOTE AND RIDER A BALLOON PAYMENT MAY BE DUE AT MATURITY ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the Secunty Instrument, Borrower and Lender further covenant and agree as follows: .. A. INTEREST RATE AND MONTHLY PAYMENT CHANGES Interest Will be charged on unpaid PnnClpal until the full amount of Prtnclpal has been paid. Up until the f,rst day of the calendar month that Immediately precedes the first payment due date set forth In Section 3 of the Note, I will pay interest at a yearly rate of 3 .925 % Thereafter until the first Change Date (as defined In Section 40f the Note) I Will pay interest at a yearly rate of 1.650 0/0. The Interest rate I Will pay WIll thereafter change In accordance with Section 4 of the Note. Section 4 of the Note prOVides for changes In the Interest rate and monthly payment as follows 32843111 01) Page 1.of 5 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)· Change Dates 20040726001448.020 ~. 01-0836-065979020-8 The Interest rate will pay may change on the 1st day of _____ S~e~p""t.",emb=""e""r ..... _2""'o""0""4'__ ____ , and on that day every month thereafter Each such day IS called a "Change Date" (8) The Index On each Change Date, my interest rate Will be based on an Index. The "Index" is the Twelve-Month Average, determined as set forth below, of the annual yields on actIVely traded Umted States Treasury Securities adjusted to a constant maturity of one year as pubhshed by the Federal Reserve Board in the Federal Reserve Statistical Release entitled "Selected Interest Rates (H.15)" (the "MonthlY-Yields") The Twelve-Month Average Is.-determlned by adding-together the Monthly Yields for the most recently available twelve months and diViding by 12 The most recent Index figure available as of the date 15 days before each Change Date IS called the "Current Index". If the Index is no longer available, the Note Holder Will choose a new Index which IS based upon comparable informatIon. The Note Holder will give me notice of thiS chOIce. (C) Interest Rate Change Before each Change Date, the Note Holder Will calculate my new Interest rate by adding Two & Seven-Tenths percentage pOints 2,700 % ("Margin") to Current Index. The Note Holder Will then round the result of thiS addition to the nearest one thousandth of one percentage pOint (0,001 %) Subject to the limits stated In Section 4(0) below, thiS rounded amount Will be my new Interest rate until the next Change Date. In the event a new Index IS selected, pursuant to paragraph 4(B), a new Margin Will be determined. The new Margin Will be the difference between the average of the old Index for the most recent three year period which ends on the last date the Index was available plus the Margin on the last date the old Index was available and the average of the new Index for the most recent three year penod which ends on that date (or If not available for such three year period, for such time as It IS available). The difference will be rounded to the next higher 1/8 of 1 %. (D) -Interest Rate Umit . My interest rate will never be greater than 10,350 % ("CapO), except that f9110wtng any sale or transfer of the property which secures repayment of thiS Note after the first Interest rate . Change Date, the maximum interest rate Will be the higher of the Cap or 5 percentage POints greater than the Interest rate in effect at the time of such sale or transfer (E) Payment Change Dates EffectIve every year commencing september 1. 2005 , and on the same date each twelfth month thereafter (npayment Change Date"), the Note Holder will determine the 32843 (1 H'll Page 2 of 5 20040726001448.021 01-0836-065979020-8 . amount of the monthly payment that would be suffiCient to repay the projected PrinCIpal balance I am expected to owe as of the Payment Change Date in full on the maturity date at the· interest rate In effect 45 days prior to the Payment Change Date Insubstantially equal payments. The result of thiS calculation IS the new amount of my monthly payment, subject to Section 4(F) below, and I will make payments in the new amount until the next Payment Change Date unless my payments are changed earlier under Section 4(H} of the Note. (F) Monthly Payment limitations Unless Section 4(H) and 4(1) below apply, the amount of my new monthly payment, beginning with a Payment Change Date, will be limited t07 1/2% more or less than the amount I have been paYing. ThiS payment cap applies only to the Principal Payment and does not apply to any escrow payments lender may reqUire under the Security Instrument. (G) Changes in My Unpaid Prtncipal Due to Negative Amortization or Accelerated AmortlZBtion SlOce my payment amount changes less frequently than the interest rate and since the monthly payment IS subject to the payment limitations described in Section 4(F), my monthly payment could be less or greater than the amount -of the mterest portion of the monthly payment that would be sufficient to repay the unpaid Principal lowe at the monthly payment date In full on the maturity date m substantially equal payments. For each month that the monthly payment IS less than the Interest portion, the Note Holder will subtract the monthly payment from the amount of the mterest portion and Will add the difference to my unpaid Pnnclpal, and Interest will accrue on the amount of thiS dIfference at the current Interest rate. For each month that the monthly payment IS greater than the Interest portIon, the Note Holder WIll apply the excess towards a Pnnclpal reduction of-the Note. . (H) limit on My Unpaid PrincIpal; Increased Monthly Payment My unpaid Principal can never exceed a maximum amount equal to 125t of the princIpal amount ongmal borrowed. In the event my unpaid Principal would otherwise exceed that 125% limitation, I Will begin paying a new monthly payment until the next Payment Change Date notwlthstandmg the 7 1/2 % annual payment Increase limItation The new monthly payment Will be an amount which would be sufftclent to repay my then unpaid principal .In full on the matunty date at my Interest rate meffect the month prior to the payment due date In substantially equal payments (I) Required Full Monthly Payment On the FIFTH anniversary of the due date of the first monthly payment, and on that same day every FIFTH year thereafter, the .monthly payment will be adjusted Without regard to the payment cap limitation In SectIon 4(F). (J) Notice of Changes The Note Holder Will deliver or mall to me a notIce of any changes In the amount of my 32843 {1 1'()1l Page 3 of 5 20040726001448.022 01-0836-065979020-8 monthly payment before the effective date of any change. The notice will Include mformation reqUired by law to be given -me and also the title and telephone number of a person who Will ..answer any questions I may have regarding the notice. (K) Failure to Make Adjustments If for any reason Note Holder falls to make an adjustment to the Interest rate or payment amount as described In this Note, regardless of any notice requirement, I agree that Note Holder may, upon discovery of such failure, then make the adjustment as If they had been made on time. I also agree not to hold Note Holder responsible for any damages to me which may result from Note Holder's failure to make the adjustment and to let the Note Holder, at Its option, apply any excess monies which I may have paid to partial prepayment of unpaid "Principal " B. TRANSFER OF THE PROPERTY OR A BENEFlCIAllNTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used In this Section 18, "Interest in the Property" means any legal or benefiCial Interest in the Property, rncludlng, but not limited to, 'those beneficial interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the Intent of which IS the transfer of title by Borrower ata future date to a purchaser. If all or any part of the Property or any Interest in the Property IS sold or transferred (or If a beneficial interest In Borrower IS sold or· transferred and Borrower IS not a natural person) Without Lender's prior written consent, Lender may reqUire Immediate payment In full of all sums secured by thiS Security Instrument However, this option shall not be exercised by lender If exerCise IS prohibited by Apphcable law lender also shall not exercise thiS option if. (a) Borrower causes to be submitted to Lender information reqUired by Lender to evaluate the Intended transferee as If a· new loan were being made to the transferee; (b) Lender reasonably determines that Lender's security will not be impaIred by the loan assumption and that the risk of a breach of any covenant or agreement in thiS Security Agreement or other obligations related to the Note or other loan document IS acceptable to lender, (d) Assuming party executes Assumption Agreement acceptable to Lender at Its sole choice and discretion, which Agreement may include an Increase to Cap as set forth below and (dl payment of Assumption Fee If requested by lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption, and Lender may Increase the maximum Interest rate limit to the higher of the Cap or 5 percentage pOints greater than the Interest rate in effect at the time of the transfer. Lender may also require the transferee to . sign an assumption agreement. that IS acceptable to Lender and that obligates the 32843 (11-011 Page 4 of 5 20040726001448.023 01-0836-065979020-8 transferee to keep all the promiSes and agreements made in the Note and in this Security Instrument. Borrower wIll continue to be obligated under the, Note and thIs Security Instrument unless Lender has entered Into a written assumptIon agreement with transferee and formally releases Borrower. , If Lender exercises thIS optIon, Lender shall gIve Borrower notice of acceleration. The notIce shall provide a penod of not less than 30 days from the date the notice IS given In accordance with Section 15 WIthin which Borrower must pay all sums secured by thIS Security Instrument If Borrower falls to pay these sums prror to the expiration of this period, Lender may invoke any remedIes permItted by thIS Securrty Instrument without further notIce or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in thIS Adjustable Rate Rider. Borrower agrees to execute any document necessary to reform thIS Agreement to accurately reflect the terms of the Agreement between Borrower and Beneficiary or If the onginal Note, Trust Deed or other document is lost, mutilated or. destroyed 32843 (11 01) Page 5 of 5 20040726001448.024 1-4 FAMilY RIDER Assignment of Rents 01-0836-065979020-8 THIS 1-4 FAMILY RIDER IS made thIs 16th day of July. 2Q04 , and IS Incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed ofcTrust, or.' Security Deed (the "Secunty Instrument") of the same date gIven by the undersIgned (the nBorrower") to secure Borrower's Note to Washington Mutual Bank (the "Lendern) of the same date and covering the Property described an the Security Instrument and located at: 3702 LAKE WASHINGTON BLVD N, RENTON, WA 98056 '. [Property Address) 1-4 FAMILY COVENANTS. In addItion to the covenants and agreements made In the Security Instrument, Borrower and Lender further covenant and agree as follows: A •. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addltlon to the Property descnbed In the Security .Instrument, the following Items now and hereafter attached to the Property to the extent they are fixtures added to the Property deSCription, and shall also constItute the Property covered by the Security Instrument: building matenals, appliances and goods of every nature whatsoever. now or hereafter located ,n, on, or used, or intended to be used In connectIon With the Property, Includmg, but not hmlted to, those for the purposes of supplyang or dIstributing heating, cooling~ electricity, gas, water, alf and hght, fire prevention and extInguishing apparatus, securtty and access control apparatus, plumbing, bath tubs, water heaters, water closets, Sinks, ranges, stoves, refrtgerators, dishwashers, disposals, washers, dryers, aWnings, storm Windows, storm doors, screens, blinds, shades, curtains and curtaIn rods, attached mirrors, cabinets, panelhng and attached floor' coverings, all of WhIch, Includm9 replacements and additIons thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument All of the foregOing together With the Property descnbed In the Secunty Instrument (or the leasehold estate If the Security Instrument IS on a leasehold) are referred to In thIS 1-4 Family RIder and the Security Instrument as the "Property." . B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change In the use of the Property or ItS zonsng claSSifICations, unless Lender has agreed In wrttmg . to the change Borrower shall comply WIth all laws, ordinances, regulatIons and reqUIrements of any governmental body applicable to the Property. ' C. SUBORDINATE LIENS. Except as permItted by federal law, Borrower shall not allow any hen inferIor to the Secunty Instrument to be perfected agaInst the Property without lender's prior written permIssIon 986 (02.(1H Page 1 of 3 20040726001448.025 01~0836-065979020-8 D. RENT lOSS INSURANCE. Borrower shall maintain Insurance against rent loss In addition to the other hazards for which Insurance is required by Section 5. E •. nBORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 IS deleted . F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherWise agree In writing, the Section 6 concerning Borrower's occupancy of the Property IS deleted. G. ASSiGNMENT OF LEASES. Upon lender's request after default, Borrower shall assign to Lender all leases of the. Property and all SeClJrlty depOSits made In connection With leases of the Property. Upon the assignment, Lender shall have the fight to· modify, extend or terminate the existing leases and to execute new leases, In Lender's sole discretion. As used in this Paragraph G, the word "lease" shall mean "sublease" If the Security Instrument is on a leasehold. H. ASSIGNMENT OFRENTS: APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrowers absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents, However, Borrower shall receive the Rents until (t) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument and (II) Lender has given notice to the tenant{s) that the Rents are to be paid to Lender or Lender's agent This assignment of Rents consitutes an absolute assignment and not an assignment for additional security only . If Lender gives notice of default to Borrower' (I) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (II) Lender shall be entitled to collect and receive all of the Rents of the Property, (ill)Borrower agrees that each tenant of the Property shall pay all Rents due and unp8Jd to Lender or Lender's agents upon Lender's ~ntten demand to the tenant; {Iv)unless applicable law prOVides otherwise; all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, Including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, Insurance premiums, taxes, assessments and other charges on the Property, - and then to the sums secured by the SecUrity Instrument; (v)Lender, Lender's agents or any JudiCially appOinted receiver shall be hable to account for only those Rents actually recetved; and (VI) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property Without any showing as to the Inadequacy of the Property as security. If the Rents of the Property are not suffiCient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. 986 (02 Ot) Page 2 of 3 20040726001448.026 O~-0836-065979Q20-8 Borrower represents and warrants that Borrower has not executed any pnor assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercIsing Its nghts under this paragraph Lender, or Lender's agents or a JudiCially appOinted receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower However, Lender, or Lender's agents or a judiCIally appOinted receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or Invalidate any other right or remedy of lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid In full. I. CROSS-DEFAULT PROVISION Borrower's default or breach under any note or agreement In which Lender has an int~rest shall be a breach under the Security Instrument and Lender may Invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in thiS 1-4 Family Rider. xJMl~ S B ALTRINGER 986(0201) Page 3 of 3 20040727002647.001 AFTER RECORDING RETURN TO. Was~ngton Mutual Bank C/O ACS IMAGE SOLUTIONS 12691 PALA DRIVE -MB156DPCA GARDEN GROVE, CA 92841 r 1111111111111111 lAW!!9~!7~700264 7 PAGE001 OF 026 4S 88 . 07/27/2004 15 12 KING COUNTY, W,\ . SECURITY INSTRUMENT COVER SHEET 01-0836-065483985-1 Please print or type Information Document Tltle(s) (or transactions contained therein): 1 Deed of Trust Grantor!Trustor/Mortgagor(s) (Last name fIrst, then first name and inItIals) 1 STEVEN B ALTRINGER 2 RONALD S FURRER 3 Grantee/BenefiClary/Mortgagee(s) rlnS \..Q 'Lb er 1 Washington Mutual Bank . / Legal Description (abbreviated' I.e. lot, block, plat or section, township, range) EAST 300 FEET OF TRACT 79, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. .2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 64,RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 90 FEET OF THE EAST 140 FEET THEREOF. TOGETHER WITH AA EASEMENT FOR ROAD PURPOSES OVER THE.,NORTH 12 FEET OF SAID TRACT 79; EXCEPT THAT PORTION LYING WITHIN THE MAIN TRACT. o AdditIOnal legal IS on page ___ of document. Assessor's Property Tax Parcel/Account Number(s) 1 334270-0368-02 3. ThIS document prepared by NANCY ABBOTT 3060 139TH AVE SE, STE 401 BELLEVUE, WA 98005 2636112-(0) 2 4 AFTER RECORDING RETURN TO: Washington Mutual Bank C/O ACS IMAGE SOLUTIONS ~2691 PALA DRIVE -MS156DPCA GARDEN GROVE, CA 92841 20040727002647.002 ----------. [Space Above This Line For Recordmg Data] -----------'-- LAWYERS TITLE AGENCY OF WASHINGTON 356782 DEED Of TRUST 01-0836-065483985-1 DEFINITIONS Words used In multiple sections of this document are defined below and other words are defined In SectIons 3, 11, 13, 18, 20 and 21. Certain rules regardmg the usage of words used In this document are also provided In Section 16. . (A) "Security Instrument" means this document, which IS dated July 16, 2004 together with all Riders to this document (B) "Borll'ower" IS STEVEN B ALTRINGER and RONALD S FURRER. EACH AS A SEPARATE ESTATE Borrower IS the trustor under thIS Security Instrument. (e) "Lender" IS wash~ngton Mutual Bank. a Washington cox:pOl;,ahon Lender IS a Bank organized and eXlstmg under the laws of washington Lender'S address IS 1201 Third Avenue Seattle, WA 98101 lender is the beneficiary under thiS Security Instrument 10) "Trustee" IS LAWYERS TITLE AGENCY OF WASHINGTON. a washington co:r.:poratlon ' (E) "Note" means. the promissory note Signed by Borrower and dated July 16. 2004 The Note states that Borrower owes lender One Hundred Eighty-Nine Thousand & oolJOO Dollars (U.S $ 189,000.00 ) plus interest Borrower has promised to pay thiS debt in regular Penodlc Payments and to pay the debt m full not later than August 1, 2034 (F) "Property" means the property that IS deSCribed below under the heading "Transfer of Rights In the Property." (G) "loan" means the debt eVidenced by the Note, plus Interest, any prepayment charges and late charges due under the Note, and all sums due under thiS Security Instrument, plus interest WASHINGTON 1529 104 011 Page 1 of 17 20040727002647.003 01-0836-065483985-1 (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower (check box as applicable] [XJ Adjustable Rate Rider o Graduated Payment RIder D Balloon RIder o Other(s) [specify) o CondominIUm RIder D Planned Unrt Development Rider o Rate Improvement RIder (X] , -4 Family RIder o BIweekly Payment Rider o Second Home Rider (I) a Apphcable Law" means all controlling apphcable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable Judicial opinions. (J) "Communrty Association Dues, Fees. and Assessments" means all dues, fees, assessments and other charges that are Imposed on Borrower or the Property by a coridomlnlum aSSOCiation, homeowners aSSOCiation or similar organization (K) "Electronic Funds Transfer· means any transfer of funds, other than a transaction Originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephOniC Instrument, computer, or magnetic tape so as to order, Instruct, or authOrize a financial Institution to debit' or credit an account Such term Includes, but IS not hmlted to, point-of-sale . transfers, automated teller machine transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers. (l) "Escrow Items" means those Items that are descnbed In Section 3. (M) "Miscellaneous Proceeds" means any compensatIOn, settlement, award of damages, or proceeds, whether by way of Judgment, settlement or otherWise, paid by any third party (other than Insurance proceeds paid under the coverages described in Section 5) for (i) damage to, or destruction of, the Property; (II) condemnatIOn or other taking of all or any part of the Property; (III) conveyance 10 lieu of condemnation, or (IV) mIsrepresentations of, or omiSSions as to, the value and/or condition of the Property. (N) "Mortgage. Insurance" means msurance protecting Lender agamst the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (I) prinCipal and Interest under the Note, plus (ii) any amounts under Section 3 of thIS Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 USC Section 2601 et seq) and Its Implementing regulation, Regulation X (24 C F.R Part 3500), as they might be amended from tIme to tIme, or any addItIonal or successor legIslatIon or regulatIon that governs the same subject matter As used In thiS Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed In regard to a "federally related mortgage loan" even it the Loan does not qualify as a. "federally related mortgage loan" under RESPA (Q) "Successor-In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY ThiS Security Instrument secures to Lender: (I) the repayment of the Loan, and all renewals, extensions and modIfications of the Note; (iI) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, and (III) the performance of all agreements of borrower to pay fees and charges arising of the Loan whether or not herein set forth. For this purpose, Borrower Irrevocably grants and conveys to Trustee, In trust, with power WASHINGTON 1529(04-(>1) Page 2 of 17 20040727002647.004 01-0836-065483985-1 " of sale, .the following described property located in ______ K ... i...,n""9' _____ _ County, Washington: EAST 3 00 FEET OF TRACT 79, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO.2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 'OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 90 FEET dF THE EAST 140 FEET THEREOF. TOGETHER WITH ANEASEMBNT FOR ROAD PURPOSES OVER THE'NORTH 12 FEET OF SAID TRACT 79j EXCEPT THAT PORTION LYING WITHIN THE MAIN TRACT. which currently has the address of 3638 LAKE WASHINGTON BLVD N . [Street) RENTON ' Washington 98056 ("Property Address"). [City) [ZIp CodeJ TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by thiS Securrty Instrument. All of the foregOing IS referred to in thiS Security Instrument as the "Property " BORROWER COVENANTS that Borrower IS lawfully seised of the estate hereby conveyed and has the rrght 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 to the Property against all claIms and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines Uniform covenants for national use and non-unrform covenants With Innlted variations by JUrisdiction to constitute a uniform securrty Instrument coverrng real property UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows· ,. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and late Charges. Borrower shall pay when due the prrnclpal of, and Interest on, the debt eVidenced by the Note and any prepayment charges and late charges due under the Note Borrower shall also pay funds for Escrow Items pursuant to Section 3 Payments due under the Note and thiS Security Instrument shall be made In U S currency. However, If any check or other Instrument received by Lender as payment under the Note or thiS Security Instrument IS returned to Lender unpaid, lender may require that any or all subsequent payments due under the Note and thiS Security Instrument be made In one of more of the follOWing forms, as selected by Lender. (a) cash; (b) money order; (c) certIfIed check, bank check, treasurer's check or cashIer's check, provided any such check IS drawn upon an institution whose depOSIts are Insured by a federal agency, Instrumentahty, or , entity; or (d) ElectrOnic Funds Transfer. Payments are deemed received by Lender when receIved at the location designated In the Note or at such other location as may be deSignated by Lender In accordance WIth the notice prOVISions In Section 15. Lender may return any payment or partial payment if the payment or partial payments are InsuffiCient to bnng the Loan current. Lender may accept any payment or partial payment insuffiCient to bnng the Loan current, without waiver of any rights hereunder or prejudIce to its nghts to refuse such payment or partial payments mthe future, but Lender is not obhgated to apply such payments at the tIme such payments are accepted. If each PeriodIC WASHINGTON 1529(0401) Page 3 of 17 20040727002647.005 01-0836-065483985-1 Payment IS applied as of ItS scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds untIl Borrower makes payment to bring the Loan current If Borrower does not do so withm a reasonable period of time, Lender shall either apply such funds or return them to Borrower If not applied earlier, such funds will be applied t6 the outstandmg principal balance under the Note ImmedIately prior to foreclosure. No offset or claim' which Borrower might have now or in the future agamst Lender shall reheve Borrower from making payments due under the Note and thIS Secunty Instrument or performing the covenants and agreements secured by thiS Security Instrument. 2. Application of Payments or Proceeds Except as otherWIse descnbed in this Section 2, all payments accepted and applied by Lender shall be apphed In the follOWing order of priOrity. (a) Interest due under the Note; (b) principal due under the Note, (c) amounts due under Section 3 Such payments shall be apphed to each Periodic Payment in the order In which It became due Any remaining' amounts shall be apphed fIrst to late charges, second to any other amounts due under thiS Security Instrument, and thento reduce the principal balance of the Note If Lender receives a payment from Borrower for a delinquent PeriodiC Payment which Includes a suffiCient amount to pay any late· charge due, the payment may be apphed to the dehnquent payment and the late charge. If more than one PeriodiC Payment IS outstanding, Lender may apply any payment received from Borrower to the repayment of the Penodic Payments rf, and . to the extent that, each payment can be paid In full. To the extent that any excess eXists after the payment IS applied to the full payment of one or more PeriodiC Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described In the Note Any apphcatlon of payments, Insurance proceeds, or Miscellaneous Proceeds to pnnclpal due under the Note shall not extend or postpone the due date, or change the amount, of the PeriodiC Payments 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are" due under the Note, until the Note is paid In full, a sum (the "Funds") to provIde for payment of amounts due for' (a) taxes and assessments and other Items which can attain priority over thiS Security Instrument as a hen or encumbrance of the Property, (b) leasehold payments or ground rents on the Property, If any; (c) premiums for any and all Insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to lender In heu of the payment of Mortgage Insurance premiums in accordance With the proviSions of Section 10 These Items are called n Escrow Items. n At orlgmatlon or at any time dUring the term of the Loan, Lender may reqUIre that Community ASSOCiatIOn Dues, Fees, and Assess·ments, If any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to be paid under this SectIon Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligatIOn to pay the Funds for any or all Escrow Items Lender may waIve Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be In writIng. In the event of such waiver, Borrower shall pay dIrectly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by lender and, If Lender reqUires, shall furnish to lender receipts eVidenCing such payment wlthm such time period ·as Lender may require. Borrower's obligation to make such payments and to provide receIpts shall for all purposes be deemed to be a covenant and agreement contallled in thiS Security Instrument, as the phrase "covenant and agreement" is used In Section 9. If Borrower is obligated to pay Escrow Items directly. pursuant to a waiver, and Borrower falls to pay the amount due for an Escrow Item, lender may exercise Its rrghts under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount lender may revoke WASHINGTON 1629 (04 01} Page 4 of 17 20040727002647.006 .' .... 01-0836-065483985-1 " the waiver as to any or all Escrow Items at any time by a notice gIven In accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and tn such amounts, that are then reqUired under this Section 3. Lender may, at any time, collect and hold Funds In an amount (a) sU~lclent to permit Lender to apply the Funds at the time specified under RESPA, and (b) not. to 'Elxceed the maximum amount a lender can reqUire under RESPA Lender shall estimate the amount of Funds due on the baSIS of currerit data and reasonable estimates of expenditures of future Escrow Items or otherwIse In accordance wIth. Applicable Law. The Funds shall be held in an InstitutIon whose deposits are insured by a federal agency, Instrumentality, or entity (Including Lender, If Lender is an .instltutlon whose deposits are so Insured) or in any Federal Home Loan Bank. lender shall apply the Funds to pay the Escrow Items rio later than the tIme specified under RESPA Lender shall not charge Borrower for holding and applymg the Funds, annually analYZing the escrow account, or verifytng the Escrow Items, unless Lender pays Borrower tnterest on the Funds and Applicable Law permits Lender to make such a charge Unless an agreement is made In wrIting or Applicable Law requires interest to be paid ·on the Funds, Lender shall not be required to pay Borrower any mterest or earnings on the Funds Borrower and Lender can agree In wnting, however, thatmterest shall be paid on the Funds Lender shall give to Borrower, Without charge, an annual accountmg of the Funds as required by RESPA. .. . . If there IS a surplus of Funds held in escrow, as defmed under RESPA, Lender shall account to Borrower for the excess funds in accordance With RESPA • .If there is a shortage of Funds held tn escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance With RESPA, but 10 no more than twelve monthly payments. If there is a defiCiency of Funds held In escrow, as defined underRESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the defiCiency In accordance With RESPA, but IIi no more than twelve monthly payments .. Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments,' charges, fines, and ImpOSitions attnbutable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, If any, and Community ASSOCiation Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrowe~ shall pay them m, the manner proVided In Section 3. . Borrower shall promptly discharge any lien whIch has PriOrity over thiS Security Instrument unless borrower· (a) agrees In wTltmg to the payment of the obligation secured by the hen in a manner acceptable to Lender, but only so long as Borrower is performing such agreement, (b) contests the hen in good faith by, or defends against enforcement of the lien In, legal proceedings c which In Lender's opinion operate to prevent the enforcement of the hen while those proceedings are pending, but only until suct"l proceedings are concluded; or (c) secures from the holder of the lien an agreement· satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property IS subject to a lien which can attain PriOrity over thiS Secunty Instrument, Lender may give Borrower a notice Identlfymg the lien Withm 10 days of the date on which that notice IS given, Borrower shall satisfy the lien or take one or more of the actions set forth above m this. Section 4 Lender may reqUire Borrower to pay a one-time charge for a real estate tax Verification and/or reporting service used by Lender In connection With thiS Loan WASHINGTON 1529 (04 01) Page 5 of 17 20040727002647.007 Ol-0836-06~483985-1 5. Property Insurance. Borrower shall keep the Improvements now eXistIng or hereafter erected. on the Property insured against loss by fire, hazards Included within the term "extended coverage," and any other hazards Including, but not IIrrllted to, earthquakes and floods, for whIch Lender reqUires Insurance. This Insurance shall be maintaIned In the amounts (IncludIng deductIble levels) and for the periods that Lender requires What Lender requires pursuant to the preceding sentences can change dUring the term of the Loan. The Insurance carner provIding the Insuttmce shall be chosen by Borrower subject to Lender's right to dIsapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, In connection with thIS Loan, either: Ca} a one-time charge for flood zone determInatIon, certifIcatIon and trackIng services, or (b) a one-tIme charge for flood zone determination and certlflCatlon servIces and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certifIcatIon. Borrower shall also be responsIble for the payment of any fees Imposed by the Federal Emergency Management Agency In connectIon with the revIew of any flood zone determInatIon resultIng from an objection by Borrower If Borrower falls to maintain any of the coverages deSCribed above, Lender may obtain Insurance coverage, at Lender's optIon and Borrower's expense. Lender IS under no obhgation to purchase any partIcular type or .arnount of coverage. lender may purchase such Insurance from or through any company acceptable to Lender including, wIthout limitation, an affIliate of Lender, and Borrower acknowledges and agrees that Lender's affiliate may receive consideration for such purchase. Therefore, such coverage shall cover Lender, but might or mIght not protect Borrower, Borrower's equIty In the Property, or the contents of the Property, against any risk, hazard or liability and might prOVIde greater or lesser coverage than was preVIously In effect Borrower acknowledges that the cost of the Insurance coverage so obtained mIght slgmflcantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additIonal debt of Borrower secured by this Security Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such Interest, upon notIce from Lender to Borrower requesting payment. All msurancepohcles reqUired by Lender and renewals of such polices shall be subject to Lender's TIght to disapprove such pohcles, shall Include a standard· mortgage clause, and shall name Lender as mortgagee andlor as an addItIonal loss payee Lender shall have the TIght to hold the poliCies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receIpts of paid premIums and renewal notices. If Borrower obtaIns any form of Insurance coverage, not otherWIse reqUIred by Lender, for damage to; or destructIon of, the Property, such polley shall Include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee Borrower hereby absolutely and Irrevocably assigns to Lender all of Borrower's right, title and Interest in and to all proceeds from any insurance policy (whether or not the Insurance pohcy was reqUIred by Lender) that are due, paid or payable WIth respect to any damage to such property, regardless of whether the Insurance policy IS established before, on or after the date of this SecuTlty Instrument. By absolutely and irrevocably assigning to Lender all of Borrower's fights to receIve any and all proceeds from any Insurance pohcy, Borrower hereby waives, to the full extent allowed by law, all of Borrower's nghtsto receive am/and all of such Insurance proceeds Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's TIght, tItle and Interest In and to (a) any and all claIms, present and future, known or unknown, absolute or contingent, (b) any and all causes of action, (c) any and all judgments and settlements (whether through litIgation, mediation, arbitration or otherWise), (d) any and all funds sought against or from any party or partIes whosoever, and (e) any and all funds· receIved or receIVable In connectIon With any damage to such property, resulting from any cause or causes whatsoever, WASHINGTON. 1529(0401) Page 6 of 17 20040727002647.008 01-0836-065483985-1 " Including but not limIted to, land subsIdence, landslide, windstorm, earthquake, fire, flood or any other cause Borrower agrees to execute, acknowledge if requested, and deliver to lender, and/or upon notice from Lender shall request any insurance agency or company that has Issued any Insurance . policy to execute and deliver to Lender, any additional Instruments or documents requested by Lender ·from time to time to eVidence Borrower's absolute and irrevocable assignments set forth In this paragraph. In the event of loss, Borrower shall give prompt notice to the Insurance carner and lender. Lender may make proof of loss If not made promptly by Borrower. Unless lender and Borrower otherwis.e agree In wrIting, any Insurance proceeds, whether or not the underlYing Insurance was reqUired by Lender, shall be applied to restoration or repair of the Property, If the restoration or repair IS economically feasible and Lender's secunty IS not lessened. DUring such repair and restoration period, Lender shall have the right to hold such Insurance proceeds until Lender has had an opportUnity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration In a Single payment or In a series of progress payments as the work IS completed. Unless an agreement IS made 10 wrrtmg or Applicable Law requires Interest to be paid on such Insurance proceeds, Lender shall not be reqUired to pay Borrower any Interest or earnmgs on such proceeds Fees for public adjusters, or other third parties, retained by Borrower shall not be paId out. of the Insurance proceeds and shall be the sole obltgatlon of Borrower~ If the restoration or repair IS not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security mstrument, whether or not then due, With the excess, if any, paid to Borrower Such Insuran~ proceeds shall be applied In the order provided for In Section 2 If Borrower abandons the Property, Lender. may file, negotiate and settle any available Insurance claim and related matters If Borrower does not respond within 30 days to a notice from lender that the Insurance carner has offered to settle a claim, then lender may negotiate and settle the claim. The 30-day penod will begin when the notice IS given In either event, or If lender acqUires the Property under Section 22 or otherWise, Borrower hereby assigns to Lender (a) Borrower's rights to any Insurance proceeds In an amount not to exceed the amounts unpaid under the Note or thiS Securrty Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all Insurance poliCies covering the Property, Insofar as such rights are apphcable to the coverage of the Property. Lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or thiS Security Instrument, whether or not then due 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's prinCipal reSidence Within sixty days after the execution of thiS Security Instrument and shall continue to occupy the Property as Borrower's prmclpal reSidence for at least one year after the date of occupancy, . unless Lender otherwise agrees in writing, Which consent shall not be unreasonably Withheld, or unless extenuatmg circumstances exist which are· beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or Impair the Property, or remove or demolish any building thereon, allow the Property to deteriorate or commit waste on the Property Whether or not Borrower IS resldlOg In the Property, Borrower shall malntatn the Property In good condition and repair 10 order to prevent the Property from deteriorating or decreaSing in value due to Its condition. Unless it is determined pursuant to Section 5 that repair .or restoration IS not economically feaSible, Borrower shall promptly repair the Property In good and workman like manner If damaged to aVOid further WASHINGTON 1629 (04 011 Page 7 of 17 20040727002647.009 O~-0836-065483985-~ deterloratlon or damage Lender shall, unless otherwise agreed In wrltmg between Lender and Borrower, have the right to hold Insurance or condemnation proceeds. If insurance or condemnation proceeds are paid In connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may dIsburse proceeds for the repaIrs and restoratIon In a SIngle payment or Ina senes of progress payments as the work IS completed If the Insurance or condemnatIon proceeds are not suffICIent to repaIr or restore the Property, Borrower IS not reheved of Borrower's obligation for the completIon of such repair or restoration. Lender or Its agent may make reasonable entrres upon and inspections of the Property If it has reasonable cause, Lender may Inspect the Interror of the improvements on the Property. Lender shall gIve Borrower notice at the tIme of or prior to such an interior inspection specifYing such reasonable cause Lender does not make any warranty or representation regarding, and assumes no responsibIlity for, the work done on the Property, and Borrower shall not have any nght to rely in any way on any Inspectlon(s) by or for Lender or Its agent. Borrower shall be solely responsIble for determining that the work IS done In a good, thorough, effiCIent and workmanhke manner In accordance with all apphcable laws. . Borrower shall (a) appear In and defend any actIon or proceeding purportmg to affect the security hereof, the Property or the rights or powers of Lender or Trustee; (b) at Lender's optIon, assign to Lender, to the extent of Lender's Interest, any claims, demands, or causes of actIon of. any kind, and any award, court Judgement, or proceeds of settlement of any such claIm, demand or cause of action of any kind whIch Borrower now has or may hereafter acquIre arising out of or relating to any Interest in the acquISItIon or ownership of the Property Lender and Trustee shall not have any duty to prosecute any such claIm, demand or cause of actIon WIthOUt limiting the 'foregOIng, any such claim, demand' or cause of action arising out of or relatlng to any Interest In the acqUIsItIon or ownership of the Property may Include (I) any such injury or damage to the Property IncludIng WIthout limIt Injury or damage to any ~tructure or Improvement SItuated thereon, '(II) or any claIm or cause of action In favor of Borrower which arises out of the transactIon financed In whole or In part by the making of the loan secured hereby, (iii) any claim or cause of actIon in favor of Borrower (except for bodily Injury) whIch arises as a result of any' neghgent or Improper construction, installation or repaIr of the Property including without hmlt, any surface or subsurface thereof, or of any bUlldmg or structure thereon or (tv) any proceeds of Insurance, whether or not reqUired by Lender payable as a result of any damage to or otherWIse relatln9 to the Property or any Interest therein. Lender may apply, use or release such mOnies so received by It In the same manner as prOVIded In Paragraph 5 for the proceeds of Insurance 8. Borrower's loan Application. Borrower shall be In default If, durrng the Loan application process, Borrower or any persons or entitles acting at the dIrectIon of Borrower or WIth Borrower's knowledge or consent gave matenally false, misleading, or inaccurate mformatlon or statements t<;> L~nder (or failed to prOVIde Lender with matenal information) in connectIon WIth the Loan. Matenal representatIOns include, but are not limited to, representations concernmg Borrower'S occupancy of the Property as Borrower's prmclpal residence. 9. Protection ollender's Interest In the Property and Rights Under this Security Instrument. If (a) Borrower falls· to perform the covenants and agreements contaIned In this Securrty Instrument, (b) there IS a legal proceedsng that might Significantly affect Lender's Interest in the Property and/or rights under thIS Security Instrument (such as a proceeding in bankruptcy, probate, for condemnatIon or forfeiture, for enforcement of a lien which may attarn pnonty over thiS Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender -may do and pay for whatever is reasonable or appropriate to protect Lender's Interest In the Property and TIghts under thiS Security Instrument, includrng protectIng WASHINGTON , 529 (04.011 Page 8 of 17 20040727002647.010 ..... 01-0836-065483985-1 " and/or aSsessing the value of the Property, and securmg and/or repairing the Property. Lender's actions can Include, but are not limited to' (a) paying any sums secured by a hen which has prrorrty over this SecUrity Instrument; (b) appeanng In court, and (c) paYing reasonable attorneys' fees to protect its interest In the Property and/or nghts under thiS Secunty Instrument, Including Its secured position In a bankruptcy proceeding. Securrng the Property Includes, but IS not IImrted to; entering the Propert~ to make repairs, change locks, replace or board up doors and windows, drain water from pIpes, ellmmate building or other code violatIons or dangerous conditions, and have utilIties turned on or off. Although Lender may take action under thiS Section 9, Lender does not have to do so and IS not under any duty or obligatIon to do so. It IS agreed that Lender Incurs no hability for not taking any or all actions authoTized under thiS Section 9 Any amounts dIsbursed by Lender under thIS SectIon 9 shall become additional debt of Borrower secured by thIS Security Instrument. These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, With such interest, upon notice from Lender to Borrower requestIng payment.. . If thiS Security Instrument IS on a leasehold," Borrower shall comply with all the provISions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee trtle shall not merge unless Lender agrees to the merger In writing 10. Mortgage Insurance. If Lender reqUired Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance In effect If, for any reason, the Mortgage Insurance coverage reqUired by Lender ceases to be available from the mortgage insurer that previously provided such Insurance and Borrower was reqUIred to make separately desIgnated payments toward the premIums for Mortgage Insurance, Borrower shall pay the premiums required 19 obtam coverage substantially eqUivalent· to the Mortgage Insurance prevIously In effect, at a cost substantially eqUivalent to the cost to Borrower of the Mortgage Insurance previously In effect, from an attempte mortgage insurer selected by lender If substantially eqUivalent Mortgage Insurance coverage IS not avallaqle, Borrower shall continue to pay to Lender the amount of the separately deSignated payments that were due when the insurance coverage ceased to be in effect. Lender WIll accept, use and retaIn these payments as a non-refundable loss reserve In lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwlthstandlrig the fact that the Loan IS ultimately paid In full, and Lender shall not be reqUired to pay Borrower any Interest or earnings on such loss reserve. Lender can no longer requITe loss reserve payments If Mortgage Insurance coverage (In the amount and for the penod that Lender reqUIres) proVided by an Insurer selected by Lender again becomes available, IS obtaIned, and Lender requires separately deSIgnated payments toward the premiums for Mortgage Insurance If Lender reqUired Mortgage Insurance as a conditIOn of makmg the Loan and Borrower was reqUired to make separately deSignated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance In effect, or to prOVIde a non-refundable loss reserve, until Lender's reqUIrement for Mortgage Insurance ends In accordance With any written agreement between Borrower and Lender providing for such terminatIOn or until termination is required by Applicable Law. Nothmg in 'this SectIon 10 affects· Borrower's obhgatlon to pay Interest at the rate proVided In the Note . Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may Incur If Borrower does not repay the Loan as agreed Borrower IS not a party to the Mortgage Insurance Mortgage Insurers evaluate their total fisk on all such Insurance In force from time to time, and may enter Into agreements With other parties that share or modIfy their risk. or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage WASHINGTON '629 (04 011 Page 9· of 17 . 20040727002647.011 01-0836-065483985-1 Insurer to make payments using any source of funds that the mortgage insurer may have avaJiable (which may Include funds obtained from Mortgage Insurance premiums) As a result of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsurer, any other entity, or any affIliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized. as) a portion of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifymg the mortgage Insurer's risk, or reducing losses. If such agreement provides that an affilIate of Lender takes a share of the Insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a' Any such agreements will not affect the amounts that Borrower has agreed tp pay fpr Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance. and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has -if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may· include the right to receive certain. disclosures, to. request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscelfaneous Proceeds are hereby aSSigned to and shall be paId to Lender. If the Property IS damaged, such Miscellaneous Proceeds shall be applied to restoration or repaIr of the Property, If the restoratIon or repair IS economically feaSible and Lender's security IS not lessened Dunng such repair and restoration period, Lender shall have the rrght to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work. has been completed to Lender's satIsfaction, prOVided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration in a Single disbursement or In a serres of progress payments as the work IS completed Unless an agreement is made In wrrtlng or Apphcable Law reqUires Interest to be paid on such MIscellaneous Proceeds, Lender shall not be reqUired to pay Borrower any interest or earnings on such Miscellaneous Proceeds If the restoration or repair IS not economically feaSible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by thIS Secunty Instrument, whether or not then due, With the excess, If any, paid to Borrower Such MIscellaneous Proceeds shall be apphed In the order prOVided for In SectIon 2 In the event of a total taking, destruction, or loss In value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or .not then due, with the excess, If any, paid·to Borrower. In the event of a partial taking, destructIon, or loss In value of the Property In which the fair market value of the Property Immediately before the partial taking, destructIon, or loss In value IS equal to or greater than the amount of the sums secured by thIS Securrty Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwIse agree In wrrtlng, the sums secured by thiS Security Instrument shall be reduced by the amount of the MisceUaneous Proceeds multlphed by the follOWIng fraction: (a) the total amount of the sums secured Immediately before the partIal taking, destructIon, or loss In value diVided by (b) the faIr market value of the Property Immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property In whIch the fair market value of the Property Immediately before the partial taking, destruction, or loss In value is less than the amount of the sums secured immediately before the partial taking, destruction, or WASHINGTON 1529 (04.01) Page 10 of 17 20040727002647.012 ,'~ .' 01-0836-065483985-1 ~ , loss In value, unless Bor~ower and Lender otherwise agree In wrttlng, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due If the Property IS abandoned by Borrower, or If, after notice by lender to Borrower that the OpPosing Party (as defrned In the next sentence) offers to make an award to settle a claim for • damages, Borrower falls to respond to Lender Within 30 days after the, date the notice Is gIven, lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Securtty Instrument, whether or not then due. nOPPoslng Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to MIscellaneous Proceeds. Borrower shall be In default if any action or proceeding, whether civil or criminal, is begun that, In Lender's Judgement, could result In forfeIture of the Property or other material Impatrment of lender's Interest in the Property or· rights under thlsSecurtty Instrument. Borrower can cure such a default and, rf acceleration has occurred, rem state as prOVIded In Section 19, by causing the action or proceeding to be dismissed with ,a ruling that, In lender's Judgement, precludes forfeiture of the Property or other matenallmpalrment of Lender's Interest In the Property or rights under thiS Security Instrument The proceeds of any award or claim for damages that are attributable to the Impairment of Lender's interest in the Property are hereby assIgned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repaIr of the Property shall be applied in the order prOVided for In Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. ThiS Security Instrument cannot be changed or modIfied except as otherWise prOVided herem or by agreement In writing signecl by Borrower, or any successor in interest to Borrower and Lender. ExtenSion of the tIme for payment or modIficatIOn of amortization of the sums secured by thiS Securrty Instrument granted by Lender to Borrower ,or any Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors In Interest of 'Borrower. lender sha"-not be requIred to commence proceedings against any Successor In Interest of Borrower or to ·refuse to extend time for payment or otherWise modIfy amortizatIon of the sums secured by thiS Secunty Instrument by reason of any demand made by the ongmal Borrower or any Successors In Interest of Borrower Any forbearance by lender In exercIsing any nght or remedy mcludmg, Without limitatIon, Lender's acceptance of payments from thIrd persons, entitIes or Successors In Interest of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy No waiver by lender of any fight under thiS Security Instrument shall be effective unless In writing. Waiver by Lender of any rtght granted to lender under thiS Security Instrument or of any provIsIon of thiS Security Instrument as to any transactlon or occurrence shall not be deemed a waiver as to any future transaction or occurrence. 13. Joint and Several LiabihtY;Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs thIS Security Instrument but does not execute the -Note (a "co-signer'" (a) is co-signing thiS Security Instrument only to mortgage, grant and convey the -co-slgner's Interest in the Property under the terms of thIS Security Instrument; (b) IS not personally obhgated to pay the sums secured by this Security Instrument; and (c) agrees that lender and any other Borrower can agree to extend, modify, forbear or make any accommodations WIth regard to the terms of this Securrty Instrument or the Note without the co-slgner's consent Subject to the prOVisions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations under thiS Security Instrument In writing, and IS approved by WASHINGTON 1529 (04-01) Page 11 of 1 7 - 20040727002647.013 01-0836-065483985-1 . Lender, shall obtain all of Borrower's nghts and benefits under this Securrty Instrument. Borrower shall not be released from Borrower's obhgatlOns and lIablhty under this Security Instrument unless Lender agrees to such release In writing. The covenants and agreements of this Security Instrument shall bind (except as provided In Section 20) and benefit the successors and assigns of Lender 14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrower's default, for the purpose of protecting Lender's Interest In the Property and nghts under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. Borrower shall pay such other charges as Lender may deem reasonable for services rendered by Lender and furntshed at the request of Borrower, any successor In Interest to Borrower or any agent of Borrower In regard to any other fees, the absence of express authonty In this Security Instrument to charge a speclfll;. fee to· Borrower shall not be construed as a prohibition on the charging of such fee. lender may not charge fees that are expressly prohibited by thIs Security Instrument or by Apphcable law. If the loan IS subject to a law which sets maximum loan charges, and that law IS fmally Interpreted so that the Interest or other loan charges collected or to be collected In connection With the Loan exceed the permitted hmlts, then: (a) any such loan charge shall, be reduced by the . amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by redUCing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment Without any prepayment charge (whether or not a prepayment charge IS provided for under the Note) Borrower's acceptance of .,any such refund made by direct payment to Borrower Will constitute a waiver of any right of action Borrower might have aTlslng out of such overcharge . 15. Notices All notices given by Borrower or Lender In connection With thiS Security Instrument must be in writing Any notice to Borrower In connection With thiS Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address If sent by other means Notice to arw one Borrower shall constitute notice to all Borrowers unless Apphcable Law expressly requires otherWise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If lender specifIes a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one deSignated notice address under thiS Secuflty Instrument at anyone time Any notice to lender shall be given by dehvenng It or mailing It by first class mall to Lender's address stated herein unless lender has deSignated another address by notice to Borrower. Any notice In connection With this Securrty Instrument shall not be deemed to have been given to lender until actually received by lender. If any notice reqUired by this Security Instrument IS also required under Applicable law:, the Applicable law requirement Will satisfy· the corresponding requirement under· thiS Security Instrument. . 16. Governing law; Severability; Rules of Construction. ThiS Security Instrument shall be governed by federal law and the law of the junsdlction In which the Property IS located. All TIghts and obligations contained In thiS Security Instrument are subject to any reqUirements and limitations ·ofApplicable Law. Apphcable Law might expliCitly or ImpliCitly allow the parties to agree by contract or it might be silent, but such Silence shall not be construed asa prohibition against agreement by contract. In the event that any provision or clause of thiS Security Instrument or the Note conflicts With Applicable Law f such conflict shall not affect other provisions of thiS Security Instrument or the Note which can be given effect Without the conflicting provision. WASHINGTON .1529 (04 011 Page 1201 17 20040727002647.014 01-0836-065483985-1 As used In this Security Instrument: (a) words of themascuhnegender shall mean and include corresponding neuter words or words of the feminine gender, (b) words In the smgular shall mean and include the plural and vice versa, and (e) the word "mayO gives sole discretion WithOut any obligation to take any actIOn 17. Borrower's Copy. Borrower shall be given one copy of the Note and of thiS Se~nty Instrument. 18.' Transfer of the Property or a Beneficial Interest in Borrower. As used in thIs Section 18, a Interest In the Property" means any legal or beneficial interest In the Property, including, but not limited to, those beneficial interests transferred In a bond for deed, contract for deed, Installment sales contract or escrow agreement, the Intent of which IS the transfer of tItle by Borrower, at a future date to a purchaser If all or any part of the Property or any Interest In the Property is sold or transferred (or rf Borrower IS not a natural person and a beneficial Interest 10 Borrower IS sold or transferred) without Lender's prior written consent, lender may reqUire Immediate payment In full of all sums secured by thiS Security Instrument However, thiS option shall not be exerCIsed by Lender If such exercise IS prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notIce of acceleration The notice shall proVide a period of not less than 30 days from the date the notice IS 'gIven in accordance With Section 15 Within which Borrower must pay all sums secured by thiS Security Instrument. If Borrower falls to pay these sums prior to the expiration of thiS period,' Lender may Invoke any remedIes permitted by thiS Security Instrument WIthout further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions" Borrower shall have the right to have enforcement of thiS Security Instrument dlscontmued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contamed In thIS Securrty Instrument, (b) such other, period as Applicable Law mIght specify for the terminatIon of Borrower's fight to reInstate; or (c) entry of a Judgement enforCIng thiS Security Instrument Those conditions are that Borrower: (a) pays Lender all sums whIch then would be due under this Securrty Instrument and the Note as If no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforCing thIS Security Instrument, Including, but not bmlted to, reasonable attorneys' fees, property inspection and valuation fees, and other fees IOcurred for the purpose of protecting Lehder's interest In the Property and rights under thiS Security Instrument; and (dl takes such action. as Lender may reasonably requIre to assure that Lender's Interest In the Property and rights under thiS Security Instrument, and Borrower's obligatIon to pay the sums secured by thiS Security Instrument, shall continue unchanged. Lender may reqUire that Borrower pay such reinstatement sums and expenses In one or more of the following forms, as selected by Lender: (a) cash, (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check IS drawn .upon an institutIOn whose deposits are insured by a federal agency, ,lnstrumentahty or . entity; or (d) ElectrOniC Funds Transfer Upon, reinstatement by Borrower, this 'Security Instrument and obligatIons secured hereby shall remam fully effective as jf no acceleration had occurred However, thiS right to reinstate shall not apply in the case of acceleration under Section 18 20. Sale of Note; Change of Loan Servlccr; Notice of Grievance. The Note or a partial Interest In the Note (together With thiS Secuntv Instrument) can be sold one or more times Without prror notice to Borrower. A sale might result in a change In the entity (known as the "Loan Servicer") that collects PeriodiC Payments due under the Note and thiS Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument~ and Apphcable Law. There also might be one or more changes of the Loan Servlcer unrelated to a WASHINGTON 1529 (04-01) Page 13 of 17 20040727002647.015 01-0836-065483985-1 sale of the Note If there IS a change of the Loan Servlcer, Borrower will be given written notIce of the change which will state the name and address of the new Loan Servlcer, the address to which payments should be made and any other Information RESPA requires 10 connection wrth a notice of transfer of servicing. If the Note IS sold and thereafter the Loan IS serviced by a loan Servlcer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will .remam with the Loan Servlcer or be transferred to a successor loan Servlcer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.· Neither Borrower nor Lender may commence, join, or be JOined to any Judicial action (as either an individual litigant or the member of a class) that anses from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision or, or any duty owed by reason of, this Security Instrument, until such Borrower or lender has nonfled the other party (With such notice given In compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable peraod after the giVing of such notice fotake corrective action If Applicable Law provides a time period which must elapse before certam actIOn can be taken, that time period Will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportUntty to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of thIs Section 20 21. Hazardous Substances. As used in this Section 21' (a) "Hazardous Substances" are those substances defmed as tOXIC or hazardous substances, pollutants, or wastes by Environmental Law and the followmg substances: gasoline, kerosene, other flammable or toxic petroleum products, tOXIC pesticides and herbiCides, volatile solvents, matenals containing asbestos or formaldehyde, and radioactive matenals, (b) nEnvironmental Law" means federal laws and· laws of the JurisdIction where the Property is located that relate to health, safety or environmental protection; (c) "EnVironmental Cleanup" IOcludes any response action, remedial action, or removal action, as defmed in Environmental law, an'd (d) an "EnVironmental Condition" means a condition that can cause, contribute to, or otherWise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, dIsposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property Borrower shall not do, nor allow anyone else to do, anythmg affecting the Property (a) that IS In Violation of any EnVironmental Law; (b) which creates an EnVironmental ConditIOn, or (crwhlch, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The precedmg two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal resldenilal uses and. to maintenance of the Property (Including, but not hmlted to, hazardous substance In consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, laWSUit or other action by any governmental or regulatory agency or pravate party Involvmg the Property and any Hazardous Substance or EnVironmental Law of which Borrower has actual knowledge, (b) any EnVironmental CondItion, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use. or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or IS notified by any governmental or regulatory authortty, or any private party. that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance With Environmental Law. Nothing herein shall create any obligation on lender for an EnVironmental Cleanup. WASHINGTON 1529 (04 011 Page 14 of 17 20040727002647.016 01-0836-065483985-1 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows' 22. Acceleration; Remedies. lender shall give notice to Borrower prior to accelerabon following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to 'acceleration under Section 18 unless. Applicable law provides otherwise). The notice shall specify: (a) the. default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured: and Cd) that failure to cure the default on or before the date specified in the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring 8 court action t() assert the non-existence of a default or any otherdafense of Borrower to acceleration and sale. if the default is not cured on or before the date specified in the notice, lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided In thiS Section 22, including, but not limited to, reasonable attorneys' fees and costs of title eVidence. If Borrower or any successor in interest to Borrower files (or has filed agarnst Borrower or any successor in interest-to Borrower) a bankruptcy petition under Title II or any successor title of the United States Code whi~h provides for the curing of prepetition default due on the Note. interest at a rate determined by the Court shall be paid to Lender on post-petition arrears. If Lender invokes the power of sale, lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's electIon to cause the Property to be sold. Trustee and Lender shall take such action regardmg notice of sale and shall give such notices to Borrower and and to other persons as Applicable Law may require. After the time reqUired by Applical?le Law and after publication and posting of the notice of sale. Trustee, without demand on Borrower. shall sell the Property at public auctIon to the highest bidder at the time and pll\ce and under the terms designated in the notice of sale in one or more parcels and In any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale.· Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not hmited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place 23. Reconveyance. Upon payment of all sums secured by thiS Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender thiS Secunty Instrument and all notes eVidenCing debt secured by thIS Security Instrument tei Trustee. Trustee shall reconvey the Property Without warranty to the person or persons legally entitled to It Lender or the Trustee (whether or not the Trustee is affIliated WIth Lender) may charge such person or_ persons a fee for reconveym9 the Property, but only if the fee IS not prohibIted by Applicable Law. WASHINGTON 1529 (04-011 Page 15 of 17 20040727002647.017 01-0836-065483985-1 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee apPointed hereunder who has ceased to act Wrthout conveyance of the Property, the successor trustee shall succeed· to all the title, power and duties conferred upon Trustee. herein and by Applicable Law Trustee may destroy the Note and the Security Instrument three (3) years after issuance of a full reconveyance or;·release (unless directed in such request to retain them). .. 25. Use of Property. The Property is not used principally for agricultural purposes. 26.Attorneys' Fees. Lender shall be entitled to recover Its reasonable attorneys' fees and costs In any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys' fees," whenever used In thiS Security Instrument, shall Include Without hmltatlon attorneys' fees Incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contamed In thiS Securaty Instrument and in any Rider executed by Borrower and recorded With It. WASHINGTON 1529 (04 01) Page 16 of 17 20040727002647.018 01-0836-065483985-1 ----------(Space Below This Line For Acknowledgr.nent) ---------- STATE OF WASHINGTON ~ ping County ss . . On this '2/7-day of JoLu IWOL-\ . before me the undersigned, a Notary Public 10 and for the State of . Washlngt1)n~ duly commissioned and sworn, personally appeared -steven .~. Attriow-u aDd 12.DYl(AlG. '1), n=>ue.r to me known to be the mdl\/Idual(s) described 10 and who executed the foregoing Instrument, and acknowledged to me that he/she/they signed and sealed the said Instrument as lus/her/theJ.r free and voluntary act and deed, for the uses and purposes therem mentioned WITNESS my hand and ofhclal seal affixed the da nd year In thiS certificate a ov My CommiSSion expires Blt~/or:. ~;;;6h~~-"'.J..Ll~~~=-~:+.""':;-::"-->....l-----:"--~ WASHINGTON ,1!i29 (0401) Page 17 of 17 20040727002647.019 ADJUSTABLE RATIE RIDER (12-MTA Index -Payment and Rate Caps) 01-0836-065483985-1 THIS ApJUSTABLE RATE RIDER IS made this 16th day of July, 2004 and IS incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Secunty Deed (the nSecurtty Instrument") of the same date gIven by the undersIgned (the nBorrower") to secure Borrower's . Adjustable Rate Note (the "Note") to Washl.ogton Mutual Bank (the "Lendern) of the same date and covertng the propertY descrtbed In the Security Instrument and located at: - ______________ ~3~6~3~8_I~~~E~W~A~S~H~IN~G~TO~N~B~L~¥D~N~.~R~ENT~~Q~N~._W~A~9~8~O~5~6~ _____________ ·· (Property Address) THIS RIDER CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY ~AYMENT. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BEING LARGER THAN THE AMOUNT J ORIGINALLY BORROWED, BUT NOT MORE THAN 125% OF THE ORIGINAL AMOUNT (OR $ 236,250.00 ) MY INTEREST RATE CAN NEVER EXCEED THE LIMIT STATED IN THE NOTE AND RIDER A BALLOON PAYMENT MAY BE DUE AT MATURITY ADDITIONAL COVENANTS. In addItIOn to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES Interest will be charged on unpaid Pnnclpal until the full amount of Pnnclpal has been paid. Up until the first day of the calendar month that immediately precedes the first payment due date set forth In SectIon 3 of the Note, I Will pay Interest at a yearly rate of 3 .925 % Thereafter until the fIrst Change Date (as defined In Section 4 of the Note) I Will pay interest at a yearly rate of 1.650 % The interest rate I WIll pay Will thereafter change In accordance with Section 4 of the Note. Section 4 of the Note provides for changes In the Interest rate and monthly payment as follows: 32843 (11 011 Page 1 of 5 20040727002647.020 .' •• > 01~0836-065483985-1 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES CA) Change Dates The Interest rate I· will pay may change on the 1st· day of ____ -"S..,e~p<.>t'""emb='""e""'r'""'.___"'2'_"O'_"O'_"4'__ ___ , and on that day every month thereafter Each such day IS called a "Change Date". (8) The Index On each Change Date, my interest rate will be based on an Index. The "Index" is the Twelve-Month Average, determined as set forth below I of the annual yields on actively traded United States Treasury Securities adjusted to a constant maturity of one year as published by the Federal Reserve Board in the Federal Reserve Statistical Release entitled "Selected Interest Rates (H.15)" (the "Monthly Yields") The Twelve-Month Average IS determmed by adding together the Monthly Yields for the most recently available twelve months and diViding by 12 The most recent Index figure available as of the date 15 days before each Change Date IS called the "Current Index". If the Index is no longer available, the Note Holder Will choose a new mdex which IS based upon comparable informatIOn The Note Holder Will give me notice of thiS chOice. ee) Interest Rate Change Before each Change Date, the Note Holder Will calculate my new mterest rate by adding Two '" seven-Tenths· percentage POints 2.700 % ("Margin") to Current Index. The Note Holder Will then round the result of thiS addrtlon to the nearest one thousandth of one percentage pOint (0.001 %). Subject to the limits stated in Section 4(0) below I thiS rounded amount Will be my new Interest rate until the next Change Date In the event a new Index IS selected, pursuant to paragraph 4{B}, a new Margin will be determined. The new Margin Will be the difference between the average of the old Index for the most recent three year pen ad which ends on the last date the Index was aVailable plus the Margin on the last date the old Index was available and the average of the new Index for the most recent three year penod whIch ends on that date (or If not available for such three year period, for such time as'lt IS available) The difference Will be rounded to the next higher 1/8 of 1 % ' (D) Interest Rate limit . My Interest rate Will never be greater than 10.350 % ("Cap"), except that follOWing any sale or transfer of the property which secures repayment of thiS Note after the first Interest rate Change Date, the maximum Interest rate Will be the ·higher of the Cap or 5 percentage pOints greater than the interest rate In effect at the time of such sale or transfer . ,(E) Payment Change Dates Effective every year commencing september 1, 2005 I and on the same date each twelfth month thereafter ("Payment Change Date"), the Note Holder will determme the 32843111-011 .Page 2 of 5 20040727002647.021 01-083~-06548398~-1 amount of the monthly payment that would be suffiCient to repay the projected Principal balance I am expected to owe as of the Payment Change Date In full on the maturity date at the Interest rate In effect 45 days prior to the Payment Change Date In substantially equal payments. The result of this calculatIon IS the new amount of my monthly payment, subJect to SectIon 4(F) below, and I Will make payments In the new amount until the next Payment Change Date unless my payments are changed earlier under Section 4(H) of the Note. (F) Monthly Payment LImitations Unless SectIon 4(H) and 4(1) below apply, the amount of my new monthly payment, beginning with a Payment Change Date, Will be limited to i 1/2% more or less than the amount I have been paYing. This payment cap applies only to the PrinCIpal Payment and does not apply to any escrow payments Lender may require under the Security Instrument. (G) Changes in My Unpaid Principal Due to Negative Amortization or Accelerated Amortization Smce my payment amount changes less frequently than the Interest rate and sInce the monthly payment IS subject to the payment 11I1;lta1l0ns described In Section 4(F), my monthly payment could be less or greater than the amount of the Interest portion of the monthly payment that would be suffICIent to repay tl;).6 unpaid Principal lowe at the monthly payment date In full on the maturity date In substantially equal payments For each month that the monthly payment is less than the Interest portion, the Note Holder Will subtract the monthly payment from the amount of the Interest portion arid WIll add the difference to my unpal~ PrinCIpal, and Interest will accrue on the a'mount of thiS difference at the current Interest rate. For each month that the monthly payment is greater than the Interest portion, the Note Holder will apply the excess towards a PrinCipal reduction of the Note. (H) Limit on My Unpaid Principal; Increased Monthly Payment My unpaid Principal can never exceed a maximum amount equal to 125t of the,pnnclpal amount' onginal borrowed In the event my unpaid Principal would otherWise exceed that 125% IImrtatlon,lwllI begm paying a new monthly payment untIl the next Payment Change Date notwithstanding the 7 112% annual payment Increase hmitation. The new monthly payment WIll be' an amount whIch would be suffiCient to repay my then unpaid principal In full on the maturity date at my Interest rate in effect the month prior to the payment due date In substantially equal payments. (I) Required Full Monthly Payment On the FIFTH anniversary of the due date of the fIrst monthly payment, and on that same day every FIFTH year thereafter, the monthly payment Will be adjusted without regard to the payment cap limitation In Section 4(F). (J) Notice of Changes The Note Holder will deliver or mall to me a notice of any changes in the amount of my 32843 (11 011 Page 3 of 5 20040727002647.022 ~ 01-0836-065483985-1 . monthly payment before the effective date of any change The notice will Include information required by law to be given me and also the title and telephone number of a person who will answer any questions I may have regarding the notice (K) Failure to Make Adjustments If for any reason Note Holder falls to make an adjustment to the interest rate or payment amount as descnbed mC thiS Note, regardless of any notice requirement, I agree that Note Holder may, upon discovery of such failure, then make the adjustment as if they had been made on time. I also aOgree not to hold Note Holder responsible for any damages to me which may result from Note Holder's failure to make the adjustment and to let the Note Holder, at its option, apply any excess momes which I may have paid to partial prepayment of unpaid "PrinCipal. n B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWEIR Section 18 of the Security Instrument is amended to read as follows Transfer of the Property or a BenefiCial Interest in Borrower As used in thiS Section 18, "Interest In the Property" means any legal or benefiCial Interest In the Property, including, but not limited to, those benefiCial Interests transferred In a bond for deed, contract for deed, Installment sales contract or escrow agreement t the intent of which IS the transfer of title by Borrower at a future date to a purchaser If all or any part of the Property or any interest In the Property i,s sold or transferred (or if a benefiCial Interest In Borrower is sold or transferred and Borrower IS not a natural person) without Lender's pnor Written consent, Lender may require Immediate payment in full of all sums secured by thiS Security Instrument. However, thIS option shall not be exerCised by Lender If exercise IS prohibited by Apphcable Law. Lender also shall not exercise this option If. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the Intended transferee as if a new loan were being maoe to the transferee; (b) Lender reasonably determines that Lender'S security Will not be i"'paired by the loan assumption and that the risk of a breach of any covenant or agreement In thiS Secunty Agreement or other obligations related to the Note or other loan document IS acceptable to Lender, (d) Assuming party executes Assumption Agreement acceptable to Lender at Its sole chOice and discretion, which Agreement may include an Increase to Cap as. set forth below and (d) payment of Assumption Fee If req~ested by Lender . To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a . condition to Lender's consent to the loan assumption, and Lender may Increase the maximum interest rate limit tc the higher of the Cap or 5 percentage pOints greater than the Interest rate In effect at the tm'1e of the transfer. Lender may also require the transferee to sign an assumption agreem;3ilt that is acceptable to Lender and that obligates the 32843 (11 011 Page 4 of 5 20040727002647.023 01-0836-065483985-1 transfereeo to keep all the promises and agreements made in the Note and In thIs Security Instrument. Borrower will continue to be obligated under the Note and thIs Security Instrument unless Lender has entered Into a written assumption agreement with transferee and formally releases Borrower. If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a penod of not less than 30 days from the date the notIce IS gIven In accordance with Section 15 within which Borrower must pay all sums secured by this Secuntylnstrument. If Borrower falls to pay these sums pnor to the expIration of thIs penod, Lender may invoke any remedies permitted by this Security Instrument without further notIce or demand on Borrower BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In . thIs AdJustable Rate Rider Borrower agrees to execute any document necessary to reform this Agreement to accurately reflect the terms of the Agreement between Borrower and Beneficiary or If the onglnal Note, Trust Deed or other document IS lost, mutilated or destroyed; 32843 (11-()11 Page 5 of 5 .' .... 20040727002647.024 1-4 FAMUl Y RIDER Assignment of Rents 01-0836-065483985-1 THIS 1-4 FAMILY RIDER IS made this 16th day of July. 2004 , and IS Incorporated mto and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to Wash~ngton Mutual Bank (the "Lender") of the same date and covering the Property described In the Security Instrument and located at <3638 LAKE 'WASHINGTON BLVD N, RENTON, WA 98056 [Property Address) 1-4 FAMILY COVENANTS. In additIOn to the covenants and agreements made In the Secunty Instrument, Borrower and Lender further covenant and agree as follows' A~ ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described In the Security Instrument, the following Items now and hereafter attached to the Property to the extent they are fixtures added to the Property description, and shall also constitute the Property covered by the Security Instrument. building matenals, apphances and goods of every nature whatsoever now or hereaher located In, on, or used, or Intended to be used In connection with the Property, Including, but not limited to, those for the purposes of supplYing or distributing heating, cooling, electricity, gas, water, air and hght, fIre prevention and extingUishing apparatus, security and access· control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm Windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panellIng and attached floor coverings, all of WhiCh, Including replacements and addItions thereto, shall be deemed to be and remam a part of the Property covered by the Security Instrument All of the foregoing together With the Property described In the Secunty Instrument (or the leasehold estate If the Security Instrument IS on a leasehold) are referred to In this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change In the use of the Property or Its zoning claSSifications, unless Lender ·has agreed In wnting to the change Borrower shall comply WIth all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. < C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any hen Infenor to the Security Instrument to be perfected against the Property Without Lender's prior written permiSSIon. 986 (02 011 Page 1 of 3 20040727002647.025 01-0836':'065483985-1 D RENT LOSS INSURANCE Borrower shall maintain Insurance against rent loss in addition to the other hazards for which Insurance is required by SectIOn 5 E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 IS deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree In wrltmg, the Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to lender all leases of the Property and all security deposits made in connectton with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the eXisting leases and to execute new leases, in lender's sole discretion. As used In thiS Paragraph G, the word '''lease" shall mean "sublease" If the Securtty Instrument IS on a leasehold H. ASSIGNMENT OF ,RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrowers absolutely and unconditionally assigns and transfers to lender all the rents and revenues ("Rents") ()f the Property, regardless of to whom the Rents of the Property are payable. Borrower authOriZes lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until (I) Lender has given Borrower notice of default pursuant to Section 22 of the Secunty Instrument 'and (II) Lender has given notice to the tenant(s) that the Rents are to be paid to lender or Lender's agent."Thls assignment of Rents consltutes an absolute assignment and, not an assignment for additional security only. If Lender: glvesnottce of default to Borrower: (I) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ti) Lender shall be entitled to collect and receive all of the Rents of the Property, (III)Borrower agrees that ear.h tenant of the Property shall pay all Rents due and unpaid ' to Lender or Lender's agents upon Lender's written demand to the tenant; (tv)unless applicable law provides otherwise, all Rents co!lected by Lender or Lender's agents shall be applied first to the costs of taking control of and managlOg the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument, (v)Lender, Lender's agents or any JudICially appOinted receiver shall be liable to account for only those Rents actually received, and (VI) Lender· shall be entitled to have a receiver appomted to take possession of and manage the Property and collect the Rents and profits derived from the Property Without any shOWing as to the inadequacy of the Property as security. , If the Rents of the Property are not sufficient to cover the costs of takin9 control of and managing the Property and of collecting the Rents any funds expended by lender for such purposes shall become Indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. 986102-<)1) Page 2 of 3 20040727002647.026 ,'. 01-0836-065483985-1 Borr~wer represents and warrants that Borrower has not executed any prior assIgnment of ~he Rents and has not performed, and will not perform, any act that would prevent Lender from exercIsing Its nghts under this paragraph. Lender, or Lender's agents or a judicIally apPOinted receiver, shall not be requIred to enter upon, take control of or maintain the Property before or after givrng notIce of default to Borrower However, Lender, or Lender's agents or a Judicially appornted receIver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or rnvalldate any other fight or remedy of Lender. This assIgnment of'Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid In full. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement In which Lender has an Interest shall be a breach under the Secunty Instrument and Lender may Invoke any of the remedIes permItted by the Security Instrument. . BY SIGNING BELOW, Borrower accepts and agrees to the terms and prOVISIons contained In thIS 1-4 Family Rlder . R NALD S FURRER 986 (02.()1) Page 3 of 3 20040811000451.001 . RETURN ADDRESS:- Shoreline Bank 16001 Aurora Avenue North Shoreline, WA 98133 RIlI/MIIIIRIBII"III".", --~ PAClrIC 091.3451 . PACt0el ~ ~f~ DT 31 99 . eS~11~2994 09 27 KINe COUNTY, itA DATE: July 27,2004 Reference # (If applicable) 170300388 Grantor(s) 1 Altnnger, Steven B Grantee(s) 1 Shoreline Bank DEED OF TRUST AdditIonal on page __ 2 PacIfic Northwest Title Insurance Company of Washington, Inc, Trustee Legal Description Ptn of Tract 80, C D Hillmans lake Washington Garden of Eden DIvIsion No 2, Vol 11, pg 64 AdditIOnal on page 2 Assessor's Tax ParcellD# 334270-0376-02,334270-0377·01 p\\1W" SI 2 q<i? g -~ THIS DEED OF TRUST Is dated July 27, 2004, among Steven B. Altringer who also appears of record as Steven Brent Altringer, as his separate estate ("Grantor"); Shoreline Bank, whose mailing address IS 16001 Aurora Avenue North, Shoreline, WA 98133 (referred to below sometimes as "Lender" and sometimes as "Beneflclary"); and Pacific Northwest Title Insurance Company of Washington, Inc., whose mailing address is 215 Columbia Street, SeaHle, WA 98104-1511 (referred to below as "Trustee"). DEED OF TRUST (Continued) . 20040811000451.002 Page 2 CONVEYANCE AND GRANT For valuable consideration, Grantor conveys to Trustee In trust with power of sale, right of entry and possession and for the benefit of Lender as Beneficiary, all of Grantor's nght, title, and Interest In and to the following desCribed real property, together With all eXisting or subsequently erected or affixed buildings, Improvements a"d fixtures, all easements, nghts of way, and appurtenances, all water, water fights and drtch fights (Including stock In utilities With ditch or IrrigatIOn nghts), and all other nghts, royallles, and profits relating to the real property, Includmg without limitation all rrunerals, oil, gas, geothermal and Similar matters, (the "Real Property") located In King county, State of Washington: PARCEL A. The east 125 feet of Tract 80 of C.D. Hillman's Lake Washmgton Garden of Eden DiVision Addition to the City of Seattle No.2, accordmg to plat thereof recorded m Volume 11 of Plats, page 64, in King County, Washington. . PARCEL B: The west 100 feet of the east 225 feet of Tract 80 of CD. Hillman's Lake Washington Garden of Eden Addition to the Crty of Seattle No 2, according to the plat thereof . recorded In Voiume 11 of Plats, page 64, In King County, Washington; TOGETHER with an easement for road and utility purposes over the northerly 20 feet of that portion of said Tract 80, Iymg westerly of a line parallel with and 225 feet westerly of the easterly line thereof. The Real Property or Its address is commonly known as 3701 Wells Avenue. North; Renton, . WA 98056. The Real Property tax Identification number IS 334270-0376-02; 334270-0377-01 CROSs.cOLLATERAUZATION In addrtlon to the Note, thiS Deed of Trust secures all obligatIOns, debts and liabilities, plus Interest thereon, of Borrower to Lender, or anyone or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now eXISting or hereafter anslng, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indIrect, deterrmned or undeterrruned, absolute or contingent, liqUidated or unliqUIdated whether Borrower or Grantor may be liable IndIVidually or JOintly WIth others, whether obligated as guarantor, surety, accommodallOn party or otherwtse, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable If the Lender IS reqUIred to gIVe notice of the right to cancel under Truth In Lending In connection With any additional loans, extensIons of credit and other liabilities or obligations of Grantor to Lender, then thIS Deed of Trust shall not secure addlllonal loans or obllgallons unless and until such notice IS gIVen REVOLVING UNE OF CREDIT This Deed of Trust secures the Indebtedness including, WIthout limitation, a revolvmg hne of credlt,wlth a vanable rate of Interest, which obligates Lender. to make advances to Borrower so long as Borrower complies With all the terms of the Note and the hne of credit has not been terminated, suspended or cancelled, the Note allows negative amortization Funds· may be .advanced by Lender, repaid, and subsequently readvanced The unpaid balance of the revolVing hne of credit may at certain times be lower than the amount shown or zero A zero balance does not terminate the hne of credit or terminate Lender's obhgatlon to advance funds to Borrower Therefore, the hen of thiS Deed of Trust will remain In full force and effect notwrthstandlng any zero balance Grantor hereby assigns as security to Lender, all of Grantor's Tight, title, and Interest In and to all leases, Rents, and profits of the Property ThiS assignment IS recorded In accordance WIth RCW 65 08 070, the hen created by thiS asslgnrnent IS Intended to be specifiC, perfected and choate upon the recording of thiS Deed of Trust Lender grants to Grantor a license to coliect the Rents and profrts, which hcense may be revoked at Lender's Option and shall be automattcally revoked upon acceleration of all or part of the Indebtedness THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY· AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS . GRANTOR'S REPRESENTATIONS AND WARRANTIES Grantor warrants that (a) thIS Deed of Trust IS executed at Borrower's request and not at the request of Lender, (b) Grantor has the full power, Tight, and authorrty to enter Into thiS Deed of Trust and to hypothecate the Property, (0) the prOVISIOnS of thiS Deed of Trust do not confhct WIth, or result In a DEED OF TRUST (Continued) 20040811000451 .003 Page 3 default under any agreement or other InStrument blndlllg upon Grantor and do not result In a vlOlatlOn of any law, regulatIOn, court decree or order applICable to Grantor, (d) Grantor has establIShed adequate means of obtaining from Borrower on a continuing basiS Information about BOTrQwer's flnancllli condition, and (e) lender has made no representallon to Grantor about Borrower (mcludlng WIthout brrntatlon the credrtworthlness of Borrower) . . GRANTOR'S WAIVERS Grantor waives all rights or defenses anslng by reason of any "one action" or "anti-deficiency" law, or any other law which ITIlIY prevent lencIer from bnnglngany action against Grantor, Includmg a claun for defiCiency to the extent lender IS otherwISe enlltled to a claim for defiCiency, before or after lender's commencement or compietlOfl 01 any foreclosure action, either JudICially or by exercISe of a power of sale PAYMENT AND PERFORMANCE Except as otherWISe provided In thiS Deed of Trust, Borrower shall pay to lender all Indebtedness secured by thIS Deed of Trust as It becomes due, and Borrower and Grantor shall stnctly perform all their respectIVe obligations under the Note, thIS Deed of Trust, and the Related Documents POSSESSION AND MAINTENANCE OF TIlE PROPERTY Borrower and Grantor agree that Borrower's and Grantor's possessIOn and use of the Property shall be governed by the follOWing proVISIOns . Possession and Use Untd the occurrence of an Event of Default, Grantor ITIlIY (1) remrun In posseSSIOn and control 01 the Property, (2) use, operata or manage the Property, and (3) collect the Rents trom the Property (thiS priVilege is a license from lender to Grantor automallcally revoked upon default) The follOWing prOVISions relate to the use 01 the Property or to other Irmrtatlons on the Property The. Real Property IS not used pnnclpally for agrICultural purposes Duty to Maintain Grantor shall ITIlIlntaln the Property In tenantable condition and promptly perform all repairs,' replacements, and mamtenance necessary to preserve Its value Compliance With environmental Laws Grantor represents and warrants to lender that (1) Dunng the perIOd of Grantor's ownership of the Property, there has been no use, generatlon, ITIlInufacture, storage, treatment, disposal. release or threatened release of any Hazardous Substance by any person on, under, about or from the Property, (2) Grantor has no knowledge of, or reason to beheve that there has been, except as previously disclosed to and acknowledged by lender In wnllng, (~) any breach or vIOlation of any EnVifonmentai Laws, (b) any u,se, generation, manufacture, storage, treatment, dISposal, release or threatened release of any Hazardous Substance on, under. about or from the Property by any pnor owners or occupants of the Property, or (c) any actual or threatened litigation or clalITIS of any klOd by any person relating to such rrIlItters, and (3) Except as preVIOusly disclosed to and acknowledged by Lender In wnllng, (a) neither Grantor nor any tenant. contractor, agent or other authortzed user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property, and (b) any such acbvlty shall be conducted 10 compliance With all applicable federal, state, and local laws. regulations and ordinances, mcludlng WIthout limitation all enVIronmental laws Grantor authorizes lender and Its agents to enter upon the Property to rrIlIke such InspectionS and tests, at Grantor's expense, as lender may deem appropnate to ,determine compbance of the Property with thiS section of the Deed of Trust Any Inspections or tests made by lender shall be for lender's purposes only and shall not be construed to create any responsibility or iJablhty on the part of lender to Grantor or to any other person The representations and warranbes contained herein are based on Grantor's due dlhgence In lOVesbgabng the Property tor Hazardous Substances Grantor hereby (1) releases and waIVes any future clalITIS agrunst lender for Indemnity or contnbubon In the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless lender against any and all claims, losses, hablhbes, damages, penalties, and expenses whICh Lender may dlrecUy or Indirectly sustain or suffer resulting from a breach of thiS section of the Deed of Trust or as a consequence 01 any use, generation, manufacture. storage. dISposal, release or threatened release occurnng prior to Grantor's ownership or Interest In the Property, whether or not the same was or should have been known to Grantor The prOVISions of thIS sactlOl1 of the Deed of Trust, including the obIlQ8bon to 111dsm00fy, shall survIVe the payment of the Indebtedness and the satIsfaction and reconveyance of the hen of thIS Deed of Trust and shall not be affected by Lender's acqUISItIOn 01 any Interest In the Property, whether by foreclosure or OthelWlS6 Nuisance, Waste Grantor shall not cause, conduct or permit any nUisance nor commit, perrOlt, or suffer any stnpplng 01 or waste on or to the Property or any portion of the Property Without IIrrlltlng the generality of the foregOing, Grantor Will not remove, or grant to any other party the nght to remove, any limber, minerals (IncludlOg 011 and gas); coal, clay, scona, soli, gravel or rock products without Lender's pnor wrrtten consent Removal of Improvements. Grantor shall not demoiJsh or remove any Improvements from the Real Property Without Lender's pnor wntten consent As a condition to the removal 01 any Improvements, lender may reqUire Grantor to make arrangements satISfactory to lender to replace such Improvements with Improvements of at least equal value Lender's Right to Enter. lender and lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to lender's Interests and to Inspect the Real Property for purposes of Grantor's cqmphance with the terms and condItIOns of thIS Deed of Trust Comphance with Governmental Requirements Grantor shall promptly comply, and shall promptly cause compliance by all agents, tenants or other persons or enbbes of every nature whatsoever who rent, lease or otherwise use or occupy the Property In any rrIlInner, with all laws, ordinances, and regulatIOns, now or hereafter In effect, of all governmental DEED OF TRUST (Continued) 20040811000451.004 Page 4 authontles applICable to the use or occupancy of the Property, Including Without Irrriitatlon, the Amencans With DISabilities Act Grantor may contest In good faith any such law, ordinance, or regulallon and withhold compliance dunng any proceeding, IIlCludlng appropnate appeals, so long as Grantor has notified Lender In Writing pnor to dOing so and so long'as, In Lender's sole opIniOn, Lender's Interests In the. Property are not Jeopardized Lender may reqUIre. Grantor to post adequatp security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest Duty to Protect Grantor agrees neither to abandon or leave unattended the Property Grantor shall do all other acts, In addition to those acts set forth above In thIS section, which from the character and use of the Property are reasonably . necessary to protect and preserve the Property DUE ON SALE -CONSENT BY LENDER Lender may, at Lender's oplIon, (A) declare Immediately due and payable all sums secured by thIS Deed of Trust or (B) Increase the Interest rate provided for In the Note or other document evidencing the Indebtedness and rmposesuch other conditions as Lender deems appropnate, upon the sale or transfer, Without Lender's prIOr wrrtten consent, of arl or any part of the Real Property, or any mterest In the Real Property A "sale or transfer" means the conveyance of Real Property or any nght, trtle or Interest In the Real Property, whether legal, benefiCial or eqUitable, whether voluntary or inVoluntary, whether by outfight sale, deed, Installment sale contract, land contract, contract for deed, leasehold Interest WIth a term greater than three (3) years, lease-opbon contract, or by sale, assignment, or transfer of any benenclal Interest In or to any land trust holding btle to the Real Property, or by any other method of conveyance of an Interest In the Real Property If any Grantor IS a corporation, partnership or IImrted liability company, transfer also Includes any change In ownership of more than twenty-five percent (25%) of the voting stock, partnership Interests or hmlted liability company Interests, as the case may be, of such Grantor However, thiS option shall not be exerCised by Lender If such exercise IS prohibited by federal law or by Washington law . TAXES AND LIENS The follOWing provISIOnS relallng to the taxes and hens on the Property are part of thiS Deed of Trust Payment Grantor shall pay when due (and In all events pnor to delinquency) all taxes, special taxes, assessments, charges (rncludlng water and sewer), flTles and ImposrtlOTIS levied against or on account of the Property, and shall pay when due all claJms for work done on or for servICes rendered or mateTtal furnished to the Property Grantor shall maintain the Property free of all hens having pnonty over or equal to the Interest of Lender under thIS Deed of Trust, except for the hen of taxes and assessments not due, except for the ExlSllng Indebtedness referred to below, and except as otherwISe provided In thiS Deed of Trust Right to Contest Grantor may withhold payment of any tax, assessment, or claim In connecllon With ·a good faith dispute over the obllgallon to pay. so long as Lender's Interest In the Property IS not Jeopardized. If a lien anses or IS filed as a result of nonpayment, Grantor shall wrthln fifteen (15) days after the hen arises or, If a hen IS fried, wlthm fl!teen (15) days after Grantor has notice of the flhng, secure the dlschBrge of the hen, or If requested by Lender, deposit WIth Lender cash or a suffiCient corporate surety bond or other securrty satisfactory to Lender In an amount suffiCient to discharge the hen plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the hen In any contest, Grantor shall defend ItSelf and Lender and shall satISfy any adverse Judgment before enforcement against the Property Grantor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings EVidence of Payment Grantor shall upon demand furnish to Lender satisfactory eVidence of payment of the taxes or assessments and shall authonze the appropnate governmental offiCial to deliver to Lender at any time a wrmen statement of the taxes and assessments against the Property Notice of Construction Grantor shall nolify Lender at least fifteen (15) days before any work IS commenced, any services are furnished, or any malertals are supphed to the Property, If any mechaniC's hen, matenalmen's lien, or other hen could be asserted on account of the work, services, or matenals Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvemenis PROPERTY DAMAGE INSURANCE The follOWing provISIOns relating to Insunng the Property are a part of thiS Deed 01 Trust . Maintenance of Insurance Grantor shall procure and maintain polICies of fire Insurance With standard extended coverage endorsements on a faIT value baSIS for the full Insurable value covering all Improvements on the :Real Property In an amount suffiCient to avoid application of any cOinsurance clause, and With a standard mortgagee clause In favor of . Lender Grantor shall also procure and maintain comprehenSive general liability Insurance In such coverage amounts as Lender may request with Trustee and Lender being named as addruonal Insureds In such liability ITISurance poliCies Additionally, Grantor shall maintain such other Insurance, mcludlng but not hmlted to hazard, busmess interruption, and boder Insurance, as Lender may reasonably reqUire POlICies shall be wntten In form, amounts, coverages and baSIS reasonably acceptable to Lender and ISSUed by a company or companies reasonably acceptable to Lender Grantor, upon request of Lender, WIll deliver to Lender from time to time. the pohcles or certificates of Insurance In form satISfactory to Lender, including stipulations that coverages Will not be cancelled or diminished Without at least thirty (30) days prIOr wTltten nollce to Lender Each Insurance policy also shall Include an endorsement prOViding that coverage In favor of Lender will not be Impaired In any way by any act, omiSSion or default of Grantor or any other person Should the Real Property be located In an area deSignated by the Director of the Federal Emergency Management Agency as a DEED OF TRUST (Continued) 20040811000451.005 Page 5 Special flood hazard area, Grantor agrees to obtam and maintain Federal Flood Insurance, If available, within 45 days after notlce IS gIVen by Lender that the Property IS located In a spacial flood hazard area, for the full unpaid pnnclpal balance of the loan and any pnor hens on the property securing the loan, up to the maxll1lum pohcy hmrtsset under the NaliorIBl Rood Insurance ~gram, or as othelWlSe required by Lender, and to maintain such Insurance for the term of the loan - Application of Proceeds Grantor shan promptly notify Lender of any loss or damage to the Property Lender may make proof of loss If Grantor falls to do so within fifteen (15) days of the casualty Whether or not Lender's secunty IS tmpaIJ"ed, Lender frlBY, at Lender's electIon, receIVe and retain the proceeds of any Insurance and apply the proceeds to the reductron of the Indebtedness, payment of any hen affecllng the Property, or the restoration and repair of the Property If Lender elects to apply the proceeds to restoratIon and reparr, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender Lender shall. upon satisfactory proof of such expenditure, pay Of reimburse Grantor lrom the proceeds for the reasorlBble cost of repair or restoration If Grantor IS not In default under thIS Deed of Trust Any proceeds whICh have not oeen dISbursed Within 180 days after their receipt and which Lender has not committed to the repall' or restoratton of the Property shall-be used first to pay any amount OWing to Lender under thIS Deed of Trust, then to pay accrued Interest, and the remainder, If any. shall be applied to the pnfIClpal balance of the Indebtedness II Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shaD be patd wrthout Interest to Grantor as Grantor's Interests may appear Compliance With existing Indebtedness Dunng the penod In whIch any Existing Indebtedness descnbed below IS In effect, complranC9 with the Insurance PrOVISIOns contained In the Instrument eVidencing such exIStIng Indebtedness shall constitute comphance With the Insurance provISIOns Under thiS Deed of Trust, to the extent complrance with the terms of thIS Deed of Trust would constitute a duphcabon of Insurance reqUirement If any proceeds from the Insurance become payable on loss, the proVISionS In thiS Deed of Trust for diVISIon of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Exlsbng Indebtedness Grantor's Report on Insurance Upon request of Lender, however not more than once a year, Grantor shall furnISh to Lender a report on each eXisting polICY of Insurance showing (1) the rlBme of the Insurer, (2) the nsks Insured, (3) the amount of the polICy, (4) the property mured, the then current replacement value of such property. and the ITIBnner. of detennlnlng that value, and (5) the eXPIration date of the pohcy Grantor shall, upon request of Lender, have an Independent appraiser satrsfactory to Lender determine the cash value replacement cost of the Property LENDER'S EXPENDITURES. If any action or proceeding IS commenced that would frlBtefially affect Lender's Interest In the Property Of If Grantor falls to comply with any proVISIOn of this Deed of Trust or any Related Documents, Including but nol hmlted to Grantor's failure to comply With any obligation to maIntain exIStIng Indebtedness In good standing as reqUired below, or to dISCharge or pay when due any amounts Grantor IS requIred to dIscharge or pay under thIS Deed of Trust or any Related Documents. Lender on Grantor's behalf may (but shall not be obligated to) take any actron that Lender deerrrs appropnate, tneludlng but not limited to dlSchargmg or paying all taxes. liens, secunty Interests, encumbrances and other clanns, at any tIme leVied or placed on the Property and paYing all costs for Insunilg, maintaining and preserving the Property All such expenditures Incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note tram the date Incurred or paid by Lender to the date of repayment by Grantor All such expenses will become a part of the Indebtedness and, at Lender's option, Will (A) be payable on demand, (8) be added to the balance of the Note and be apportIoned among and be payable with any Installment payments to become due dUring either (1) the term of any applicable Insurance policy, or (2) the reITIBlnlng term of the Nole, or (e) be treated as a balloon payment whIch will be due and payable at the Note's frlBturrty The Deed ot Trust also will secure payment of these amounts Such right shall be In additIOn to all other fights and remedies to whICh Lender may be enbtled upon Default WARRANTY, DEFENSE OF TITLE. The followmg provISIOns relallng to ownershIp of the Property are a part of thIS Deed of Trust Title. Grantor warrants that (a) Grantor holds good and frlBrketsble IItle of record to the Property In tee Simple, free and clear of ail hens and encumbrances other than those set forth In the Real Property descnptlon or In the EXIStIng -Indebtedness sectIon below or In any bile Insurance polICy, title report, or final title oplOion ISSUed m favor of, and accepted by, Lender In connectton with thIS Deed of Trust. and (b) Grantor has the full nght, power, and authority to execute and delIVer thiS Deed of Trust to Lender Defense of TItle. Subject to the exception In the paragraph above, Grantor warrants and WIll forever defend the title to the Property against the lawful claims of all persorrs In the event any action or proceedmg IS commenced that questions Grantor's title aT the Interest of 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 proceedmg, but Lender shall be entitled to particIpate -In the proceedIng and to be represented In the proceeding by counsel of Lender's own choIce. and Grantor will delIVer. or cause to be delIVered. to Lender such Instruments as Lender may request from tlfrIB to time to permIt such parbclpatIon Compliance With Laws Grantor warrants that the Property and Grantor's use of the Property compiles with all exISting applicable laws, ordlJ'lBoces, and regulatIons 01 governmental authorities SurvIVal of Representations and WarrantIes All representatrqns, warranlies, and agreements rTlBde by Grantor In thiS DEED' OF TRUST (Continued) Page 6 Deed of Trust shall SurvlV~ the execution and delIVery of thiS DeEid of Trust, shaUbe conbnUing In nature, and shall remain m full force and effect until such time as Borrower's Indebtedness shall be paid In full . IfOSTING INDEBTeDNESS The followmg provIsions concerning EXistl~g Indebtedness are a part of thiS Deed of Trust ExI$hngLlen, The lien ~f thiS Deedaf Tr\lstsecunng the Indebtedness may be secondary and Infenor to an eXisting . . hen Grantor expressly covenants and agrees to pay, or see to the payment of, the EXlstlng Indebtedness and to prevent any defaulfonsuch Indebtedness, any . default· under the Instruments evidenCing such Indebtedness, or any default under. any security documents for such Indebtedness·' . . . · No Mocbflcatlon Grantor shall not enter Into ariy agreement with the holder' of any mortgage, deed of trust, brother . · securrty,agreementwh!Ch has pnorrtyover thiS Deed of Trust by wtuch that agreement IS modlfled,amended, extended, · or renewed Wrthout the pnor wrrtten consent of Lender Grantor shalinelther;TEKjuest nor accept any Mure advances under any such securrty agreement without .the pnor written consent .of. Lender. CONDEMNATION The follOWIng provISIOns relating to condemnatIOn prOceedings area pari of thlSDEffi.d of.Trust . ~roceedmgs.lf any procee<:hng I~ condemnation IS filed, Grantor shall promptly notify Lender In 'Vntlng, and Grantor shall promptly' take such steps as may be· necessary to defend the action and obtain' the award Grantor may be the nqmlnal party In such proceeding. but Lender shall be entitled to pa~rttclpate'lntheproceedlng and to be represented In theproceedmg by.counseloflts own chOice all at Grantors expeinse,:and Grantor YJIII deliver orcaus.e to be delivered to Lender Bucl:tlnstruments and documentatio!l as maybe requested by Lender . from time to. time. to. perrmt such partlClpatll:it;l • . . . ., '.. '.' ...., .' . '. Apphcat!on of.Net Proceeds Ifall or any part of thePrbperty IS condemned by emment domam proceedmgs or by'any proceeding or. purchase In lieu of condemnation. Lender may at Its electIon reqUire that all or any partlon of tl:1e net proceeds of the award be apphedto the Indebtedness or the repair or restoratIOn of the Property Thanet proceeds.of the award shall mean the award after payment· of all reasonable costs, expenses,and attorneys' fEies mcurred by Trustee'- or Lehder m Connection with the cOndemnation' , IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES The follOWing prOVISIOnS relating to govemmentaltaxes, fees and charges are a part of thiS Deed of Trust . . . Current Taxes, Fees and Charges Upon request by Lender, Grantor shall execute such documents In addllton to thts Deed of Trust and take whatever other aetton IS requested by Lender to perfect and continue Lender's hen on the. Real Property Grantor shall reImburse Lender for all taxes, as'descnbed below, together with all expensesl.ncurredln, recordmg, perfecting or continUing thiS Deed of Trust, Including Without limitation all taxes, fees, documentary stamps, and other charges for recording or regIStering thIS Deed of Trust' . . TaxeS The follOWIng shall constitute taxes to which thiS sectlOn.apphes (1) a: specific tax upon thIS type:ofDeed of Trustor upon all or any part of the Indebtedness secured by thiS Deed of Trust,. (2) a specIfiC taxon Borrower whICh Borrower IS authonzed or reqUired to deduct from payments on the Indebtedness secured by thiS type'of Deed of Trust, (3) a tax on thiS type of Deed of Trust chargeable against the Lender or the holder olthe Note, and .. (4) .a specifiC tax on all or any portion of the Indebtedness or on Payments of pnnclpal and Interest made by Borrower Subsequent Taxes If a~ytax to which thiS section applies IS enacted sUbseque~t to the date;f thiS Deedot Trust: thiS event shall have the same eHect as an Event of Default, and Lender may exercISe any or all of Its available remedies tor im Event of Default as provided below unless Grantor either. (1) pays the tax before It becomes dehnquent, or (2) contests the tax as provided above In the Taxes and Liens section and deposits With Lender .cash Of..a sufhclent corporate surety bond or other secunty satisfactory to Lender . . SECURITY AGREEMENT, FINANCING STATEMENTS The follOWing provIsions relating to thIS Deed 01 Trust asa secunty agreement are a part of thiS Deed of Trust . ~ Sec~rrty Agreement Th!S Instrument shall const~ute a Secuflty.Agr~ment to iheextent any.of the PropertY conshtutes fixtures, and Lender shall have all of .the nght,s of a secured party under theUOIforrrl Colnmerclal Code as amended from . time to bme .... . . SecUrity Interest Upon request by Lender, Grantor shall take whaleveract.on IS requested by lender to perfect anq continue Le!lder's securrty Interest In the ~ents and Personal,Property In addllt6n to recording thiS Deed of Trust In the. real property records, Lender may, at any I1me and Without further authoflzabon from Grantor, file executed.counterj:larts, 'COPles orreproducbons of thiS Deed of Trust as a financing statement' Grantor shall reimburse Lender for all expenses' Incurred m perfecting 9T continuing this securrty Interest Upon default, Grantor shall not remove, sever or detach the . Personal Property 'from the Property Upon default, Grantor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Gniritorand Lender and make. It available to .Lender.wlthln three (3) days after receipt of wrrtten demand from Lender to the extent permitted by 'applicable law Addresses The mailing addresses of Grantor (debtor) and Lender (secured party) from Which InformatIon concerning the securrty Interest granted by thIS Dead of Trust may be obtained (each as reqUired by the Uniform COmmerCial Code) are as'stated on the first pageof thIS Deed of Trust . . . , . ..... DEED OF TRUST (Continued) 20040811000451.007 Page 7 FURTHER ASSURANCES, ATTORNEY~N-FACT. The following prOVISionS relabng to further assurances and attorneY-in-fact are a part of thIS Deed of Trust Further Assurances. At any bme, and from time to time, upon request of Lender, GrantoTwJlI make, execUte and deliver, or wdl cause to be made, executed or delIVered, to Lender or to Lender's designee, and when requested by Lander, cause to be bled, recorded, refded, or rerecorded, as the case may be, at such bmes and In such offICes and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, secunty deeds, secunty agreements, financlllg statements, contmuatlon statements, Instruments of further assurance, certifICates, aild other documents as may, In the sole opinion of Lander, be necessary or desirable In order to effectuate, complete, perfect. continue, or preserve (1) Borrower's and Grantor's obligations under the Note, thiS Deed of Trust, and the Related Documents, and (2) the hens and security Interests created by thIS Deed of Trust on the Property, whether now owned or hereafter acquired by Grantor Unless prohibited by law or Lender agrees to the contrary In wrillng, Grantor shall reimburse Lender for aU costs and expenses ITICurred III cormecbon with the matters referred to In thIS paragraph Attomey-ln..fact. If Grantor fads to do any of the things referred to III the precechng paragraph, Lender may do so for and m the name of Grantor and at Grantor's expense For such purposes, Grantor hereby Irrevocably appoints Lender as Grantor's attomeY-ln-fact for the purpose of making, executing, delivering,' filing, recording, and doing all other thmgs as may be necessary or desirable, In Lender'S sole oPInion, to accomphsh the matters re.ferred to In the preceding paragraph , , . FULL PERFORMANCE H Borrower pays all the Indebtedness when due, and otherwise performs all the obligabOns Imposed upon Grantor under thIS Deed of Trust, Lender shall execute and dehver to Trustee a request tor full reconveyance and shall execute and delIVer to Grantor suitable statements of terminatIOn of any financing statement on file 'eVIdenCing Lender's secunty IIlterest In the Rents ,and the Personal Property Any reconveyance .fee shall be paid by Grantor, IT permitted by appltcable law ' The grantee In any reconveyance may be descnbed as the ·person or persons legally entrtled thereto·, and the recitals In the reconveyance of any matters or facts shall be conclUSive proof of the truthfulness of any such matters or facts EVENTS OF DEFAULT Each of the follOWing, at Lender's optton, shall constitute an Event of Default under thiS Deed of Trust . Payment Default Borrower fads to make any payment when due under the Indebtedness Other Defaults. Borrower or Grantor fads to comply With or to perform any other term, obllgabon, covenant or condition contained In thIS Deed of Trust or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower or Grantor Compliance Default. Failure to comply wrth any other term, obhgabon, covenant or conditIOn contained In thIS Deed of Trust, the Note or In any of the Related Documents Default on Other Payments. Failure of Grantor within the time reqUired by thIS Deed of Trust to make any payment for' taxes or Insurance, or any other payment necessary to prevent filing of or to effect dIScharge o.f any hen Default In Favor of Third Parties Should Borrower or any Grantor default under any loan, extensIOn of credit, 'security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor, or person that may matenally affect any of Grantor's property or Borrower's or any Grantor's ability to repay the Indebtedness or perform their respectIVe obllgabOns under thiS Deed of Trust or any of the Related Documents False Statements Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under thIS Deea of Trust or the Related Documents IS false or misleading In any matenal respect. either now or at the time made or fumlShed or becomes false or mtSIead,ng at any tune thereafter Oefectlve CollaterallZation. This Deed of Trust or any of the Related Documents ceases to be In full force and affect (lIlCIudrng failure of any collateral document to create a valid and perfected secunty Interest or hen) at any time and for any reason Death or Insolvency The dissolutIOn or terrrunation of Borrower's or Grantor's eXistence as a QOITlg bUSiness, the InsolveTICY of Borrower or Grantor, the apPOintment 01 a rec9lVer for any part of Borrower's or Grantor's property, any assignment for the benefit of CreditOrs, any type of creditor workout, or the commencement of. any proceeding under any bankruptcy or Insolvency laws by or against Borrower or Grantor ' Creditor or Forfeiture Proc:eecllngs. Commencement of foreclosure or forfeiture proceedings, whether by ludlClal proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any govemmental agency against any property securmg the Indebtedness This ITICludes a garnishment of any of Borrower's or Grantor's accounts, Including deposit accounts, with Lender However, thiS Event of Default shall not apply IT there IS a good faith dISpute by Borrower or Grantor as to the validity or reasonableness of the claim whICh IS the baSIS of the credItOr or forferture proceeding and If Borrower or Grantor gives Lender wntten nobce of the creditor or forfeiture proceeding and deposits With Lender monies or a surety bond for the creditor or forfeiture proceeding, In an amount detemuned by Lender, 10 rts sole dlScrebOn, as being an adequate reserve or bond for the dispute DEED OF TRUST (Continued) 20040811000451.008 Page 8 Breach of Other Agreement Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that IS, not remedied Within any grace penod provided therein, InCludlOg Without hmltatlon any agreement concemlng any Indebtedness or other obligation of Borrower or Grantor .to Lender, whether eXlStmg now or later . Events Affecting Guarantor Arrj of the preceding events occurs WIth respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes InCOmpetent, or revokes or diSPutes the validity of, or liability under, any Guaranty of the Indebtedness In the event of a death, Lender, at Its option, may, but shall not be reqUired to, permit the Guarantor's estate to assume unconditionally the obligations anslng under the guaranty· In a manner satisfactory to Lender, and, In dOing so, cure any Event of Default Adverse Change. A material adverse change occurs In Borrower's or Grantor's finanCial condmon, or Lender beheves the prospect of payment or performance6f the Indebtedness IS Impaired Insecunty Lender In good faith beheves Itself Insecure EXlstmg IndE'btedness The payment of any Installment of pnnClpal or any Interest on the EXisting Indebtedness IS not made WIthin the time reqUired by the promiSSory note eVldenclng such Indebtedness, or a default occurs under the mstrument securing such Indebtedness and IS not cured dunng any apphcable grace penod In such Instrument, or any surt or other acbon IS commenced to foreclose any eXlsllng lien on the Property Right to Cure If any default, other than a default In payment IS curable and If Grantor has not been given a nollce of a breach of the same prOVISion of thiS Deed of Trust within the preceding twelve (12) months, rt may be cured If Grantor, after recelVlngwntten nobce from Lender demanding cure of such default (1) cures the default Within thirty (30) days, or· (2) If the cure requires more than thirty (30) days, Immediately Inrtlates steps which Lender deems In Lender's sale discretion to be suffiCient to cure the default and thereafter continues and completes all reasonable and necessary steps suffJClerrt to produce compliance as soon as reasonably practical . RIGHTS AND REMEDIES ON DEFAULT If an Event of Default occurs under thIS Deed of Trust, at any time thereafter, Trustee or Lender may exercISe anyone q{ more of the follOWing Tights and remedies Election of Remedies ElectIon by Lender to pursue any remedy shall not exclude PUrsUit of any other remedy, and an election to make expenditures or to take action to perform an obhgatlOn of Grantor under thiS Deed of Trust, after Grantor's failure to perform, shall not affect Lender's nght to declare a default and exercISe Its remedies Accelerate Indebtedness Lender shall have the nght at Its option to deClare the errtlre Indebtedness Immediately due and payable, Including any prepayment penalty which Borrower would be reqUired to pay Foreclosure With respect to all or any part of the Real Property, the Trustee shall have the nght to exercise Its power of sale and to foreclose by notice and sale, and Lender shall have the nght to foreclose by JudiCial foreclosure, In either case In accordance with and to the full extent proVlded by applicable law UCC Remecl\es With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform CommeTCIal Code . Collect Rents Lender shall have the nght, without notlC9 to Borrower or Grarrtor to take POSSesSion of and manage the Property and collect the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness In furtherance of thiS nght, Lender may require any tenant or other user of the Property to make payments· of rent or use fees directly to Lender If the Rents are collected by Lender, then Grantor IrrevoCably deSignates Lender as Grantor's attomeY-In-fact to endorse InstrumentR received In payment thereof In the name of Grantor and to negotiate the same and collect the proceeds Payments by tenants or other users to Lender IIi response to Lender's demand shall satISfy the obligations for whICh the payments are made, whether or not any proper grounds for the demand eXisted Lender may exerCise Its rights under thiS subparagraph either In person, by agent, or through a receIVer AppOint Receiver Lender shall have the' Tight to have a receiver appointed to take posseSSion of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receIVership, against the Indebtedness The receIVer may serve Without bond If permitted by law Lender's right to the appointment of a receIVer shall eXist whether or not the apparent value of the" Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver Tenancy at Sufferance If Grantor remains In possessIOn of the Property after the Property IS sold as prOVided above or Lender otherwise becomes entitled to posseSSIOn of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's optIOn, 8Jther (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender Other Remedies Trustee or Lender shall have any other right or remedy prOVided In thiS Deed of Trust or the Note or by law .' .... DEED OF TRUST (Continued) 20040811000451.009 Page 9 Nobce of Sale. Lender shall give Grantor reasonable notice of the time and place of any publIC sale of the Personal Property or of the IJme after whICh any pnvate sale or other Intended dISPOSition of the Personal Property IS to be made Reasonable notICe shall mean notice gIVen at least ten (10) days before the ttme of the sale or dlSposrtton Any sale of the Personal Property may be made In conjunction WIth any sale of the Real Property Sale of.the Property To the extent perrrutted by applicable law, Borrower and Grantor hereby waIVes any ancJ all nghts to have the Property marshalled In exercising Its nghts ancJ remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or sepamtely, In one sale or by separate sales Lender shall be entrtledto bid at any public sale on all or any portton of the Property Attorneys' Fees; Expenses If Lender instrtutes any surt or action to enforce any of the terms of thIS Deed of Trust. lender shall be entitled to recover such sum as the court may adjudge reasonable as attomeys' fees at Inal and upon any appeal Whether or not any court acbon IS Involved. and to the extent not prohibited by. law, all reasonable expenses Lender IncUrs that In Lender's. opInion are npcessary at any time for the protecitton of Its Interest or the enforcement of Its nghts shan become a part of the Indebtedness payable on demand and shall bear Interest at the Note mte from the date of the expenditure until repaid Expenses covered by:thlS paragraph InClude, WIthout hmltatlon, however subject to any limits under applicable law, Lender's attorneys' fees and. Lender's legal expenses, whether or not there IS a lawsuit, ITlCludlng attomeys' fees and expenses for bankruptcy proceedmgs (includlllg efforts to modify or vacate any automatIC stay or mJunctJon), appeals, and any anticipated post-Judgment collection servICeS, the cost of searchlllg records, obtaining trtle reports (Including foreclosure reports), surveyors' reports. and appraisal tees. title Insurance, and fees for the Trustee, to the extent permitted by applicable law Grantor also Will pay any court costs, In addition to all other sums prOVided by law . . . Rights of Trustee Trustee shall have all of the rights and duties of Lender as set forth In thiS section POWERS AND OBLIGATIONS OF TRUSTEE The follOWing prOVIsions relating to the powers and obligations of Trustee (pursuant to Lender's Instrucbons) are part of thIS Deed of Trust Powers of Trustee In addlbon to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the foIlowmg actions with respect to the Property upon the written request of Lender and Grantor· (a) lOin In prepanng and fdlng a map or plat of the Real ProPerty, Includmg the dedlcanon of streets or other nghts to the PUbliC, (b) 10m m ' granltng any easement or creatmg any restnctJon on the Real Property, and (c) JOin In any subordination or other agreement affecting thIS Deed of Trust or the Interest of Lender under thIS Deed of Trust ObligatIons to Notify Trustee sheiIJ not be obbgated to notify any other party of a pending sale under any other trust. deed or Iten, or of any action or proceeding m which Grantor, Lender, or Trustee shall be a party, unless reqUired by applICable law, or unless the action or proceeding IS brought by Trustee Trustee Trustee shall meet all qualifications reqUired for Trustee under apphcable law In addition to the nghts and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the nght to foreclose by notice and sale, and Lender shall have the fight to foreclose by JudiCial foreclosure, In either case In accordance with and to the full extent provided by applICable law Successor Trustee Lender, at Lender's option, may from time to tIme appomt a successor Trustee to any Trustee appointed under thiS Deed of Trust by an Instrument executed and acknowledged by Lender and recorded In the offICe of the recorder of King County, State of Washington The Instrument shall contain, In additiOn to aU other matters requITed by state law, the names of the ongmal Lender, Trustee, and Grantor, the book and page or the Auditors Fde Number where thIS Deed of Trust IS recorded, and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by Lender or Its successors m Interest The successor trustee, wrthout conveyance of the Property, shall succeed to all the OOe, power, and duties conferred upon the Trustee In thIS Deed of Trust and by applICable law ThIS procedure for substrtutton of Trustee shall govern to the exclUSion of all other prOVISions for substltUtton NOTICES. Subject to applICable law, and except for nottce reqUired or allowed by law to be given In·another manner, any notice reqUired to be gIVen under thiS Deed of Trust, loolOOln9 wllhout limItation any notice of default and any notICe of sale shall be gIVen In wntlng, and shall be effective when actually delivered, when actually received by telefacslmde (unless otherwISe reqUired by la,w), when deposited with a natIOnally recognized overnight couner, or, If mailed, when deposited In the United States mati, as first class, certtfled or regIStered mati postage prepaid, directed to the addresses shown near the begInmng of thiS Deed of Trust All COpies of notices of foreclosure from the holder of any Iren which. has pnonty over thiS Deed of Trust shall be sent to Lender's address, as shown near the begtnntng of thiS Deed of Trust Any party may change Its address for notICes under thIS Deed of Trust by gIVIng formal wntten notice to the other parties, specifying that the purpose of the nobce IS to change the party's address For notICe purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address Subject to apphcable law, and except for nonce reqUired or allowed by law to be gIVen In another ·manner, If there IS more than one Grantor, any notice gIVen by Lender to any Grantor IS deemed to be nolice gIVen to all Grantors MISCELLANEOUS PROVISIONS TIle follOWing mIScellaneous prOVISIOns are a part of thiS Deed of Trust DEED OF TRUST (Continued) 20040811000451.010 Page 10 Amendments This Deed of Trust, together with any Related Documents, constitutes the enbre understanding and agreement of the parnes as to the matters set forth In thIS Deed of Trust No alteration of or amendment to this Deed of Trust shall be effective unless given In wnbng and Signed by the party or partIes sought to be charged or bound by the alteralion or amendment Annual Reports If the Property 15 used for purposes other than Grantor's reSidence, Grantor shall fumlSh to Lender, upon request, a certtfted statement of net operatmg mcome receIVed from the Property dunng Grantor's prevIOus fiscal year m ·such form and detail as Lender shall reqUIre "Net operating Income" shall mean all cash receipts from the Property less all cash expenditures made In connection With the operation of the Property Caption Headmgs CaptIOn headings m thiS Deed of Trust are for convemence purposes only and are not to be used to mterpret or defme the proVISIOns of thiS Deed of Trust . Merger There shall be no merger of the Interest or estate created by thIS Deed of Trust with any other Interest or estate In the Property at any trne held by or for the benefit of Lemler In any capaCity, WIthout the wntten consent of Lender GovernIng Law ThiS Deed of Trust Will be governed by, construed and enforced In accordance With federal law and the laws of the State of Washtngton This Deed of Trust has been accepted by Lender In the Stale of Washmgton Joint and Several liability All obhgabons of Borrower and Grantor under thIS Deed of Trust shall be JOint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower thIS means that each Borrower and Grantor signing below IS responSible for aU obligations In thiS Deed of Trust No Waiver· by Lender Lender shall not be deemed to have waIVed any nghts under thiS Deed of Trust unless such waiver IS gIVen In writing and Signed by Lender No delay or omISSion on the part of Lender In exercISIng any nght shall operate as a waIVer of such nght or any other nghl A waiver by Lender of a provIsIon of thiS Deed of Trust shall not prejudice or constrtute a waiver of Lender's right otherwISe to demand stnctcomphance with that provISIon or any other prOVISion of thIS Deed of Trusl No pf!or waIVer by Lender, nor any course of dealing between Lender and Grantor, shall conslitute a waIVer of any of Lender's fights or of any of Grantor's obllgabons as to any future transacttons Whenever the consent of Lender IS required under thIS Deed of Trust, the granting of such consent by Lender In any Instance shall not constrtute continuing consent to subsequent Instances where such consent IS reqUIred and sn all cases such consent ~y be granted or withheld In the sole discretIOn of Lender Severability, If a court of comPetent JurISdIctIon fInds any provIsIon of. thiS Deed of Trust to be Illegal, InvalId, or unenforceable as to any CIrcumstance, that findIng shall not make the offendIng prOVISion Illegal, ·Invalld, or unenforceable as to any other CIrcUmstance If feaSible, the offending provIsIon shall be conSIdered modified so that It becomes legal, valid and enforceable If the offending proVISion cannot be so modifIed, It shall be considered deleted from thIS Deed of Trust Urness otherwtse reqUired by law, the Illegality, Invalidity, or unenforceablhty of any prOVISIon of thIS Deed of Trust shall not affect the legahty, validity or enforceabIlity of any other provIsion of thIS Deed of Trust Successors and ASSIgns Subject to any hmrtatlOns stated In thIS Deed of Trust on transfer of Grantor's· Interest, thIS Deed of Trust shall be binding upon and Inure to the benefrt of the partIes, their successors and assIgns If ownershIp of the Property becomes vested In a person other than Grantor, Lender, WIthout notice to Grantor, may deal with Grantor's successors With reference to thIS Deed of Trust and the Indebtedness by way of forbearance or extension Without releaSing Grantor from the obllgabons of thIS Deed of Trust or habillty under the Indebtedness Time IS of the Essence Time IS of the essence In thE' performance of thIS Deed of Trust WaIver of Homestead Exemption Grantor hereby releases and waIVes all nghts and benefits of the homestead exemption laws of the State of WashIngton as to all Indebtedness secured by thiS Deed of Trust DEFINmONS· The follOWing capitalized words and terms shall have the follOWing meanings when used In thiS Deed of Trust Unless speCIfically stated to thecontrary, all references to dollar arrJOunts shall mean arrJOunts In lawful rrJOney of the UOited States of Amenca· Words and terms used In the SIngular shall Include the plural, and the plural shall Include the SIngular, as the context may reqUIre Words and terms not otherwise defined In thIS Deed of Trust Shall have the meanmgs attnbutoo 10 such terms In the UnIform Commercial Code BenefiCiary The word "BenefiCIary" means ·Shorellne Bank, and Its successors and assIgns Borrower The word "Borrower" means Seattle Industnal Corporation and mcludes all co-sIgners and co-makers slgmng the Note Deed of Trust The words "Deed of Trust' mean thIS Deed of Trust among Grantor, Lender, and Trustee, and Includes WIthout limitation all assIgnment and secunty Interest provIsIons relating to the Personal Property and Rents Default The word "Default" mearJS the Default set forth 10 thIS Deed of Trust In the section titled "Default" EnVIronmental Laws The words 'Enwonmental Laws' mean any and all state, federal and local statutes, regulatIons and ordmances relattng to the protection of human health or the enVironment, mcludlng WithOut limitation the DEED OF TRUST (Continued) 20040811000451.011 Page 11 ComprehensIVe EnVIronmental Response, Compensation, and uabllrty Act 01 1980, as amended, 42 USC Section 9601, et seq ('CERCLA"), the Superfund Amendments and Reauthonzatlon Act of 1986, Pub L No 99·499 ("SARA"), the Hazardous Mamnals Transportation Act, 49 USC SectIon 1801, et seq , the Resource Conservation and Recovery Act, 42 USC Section 6901, et seq, or other applIcable state or federal laws, rules, or regulations adopted pursuant thereto Event of Default The words "Event of Delaulr mean any of the events of default set forth In thIS Deed of TruS1 In the events of default section of thiS Deed of Trust exIsting Indebtedness The words '8(1stlng Indebtedness· mean the Indebtedness descnbed In the EXisting LIens provISIon of thIS Deed of Trust Grantor The word "Grantor' means Steven B Altrmger Guarantor The word "Guarantor" means any guarat;ltor, surety, or accommodatton party 01 any or aU of the Indebtedness Guaranty_ The word 'Guaranty" means the guaranty from Guarantor to Lender, Including WIthout hmltatlon a guaranty of all or part of the Note . Hazardous Substances The words "Hazardous Substances" mean matenals that, because of their quantity, concentration or phYSICal, chemical or infectious characterIStICS, may cause or pose a present or potential hazard to human health or the envIronment when Improperly. used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled The words 'Hazardous Substances" are used In their very broadest sense and IIlcluda without hmltatlon any and all hazardous or toXIC substances, matenals or waste as defined by or hsted under the Enwonmental Laws The term "Hazardous Substances" also InCludes, without hmltatton, petroleum and petroleum by-products or any fraction thereof and asbestos Improvements The word 'Improvements" means allsxlsttng and future Improvements. buildings, structures, mobile homes affixed on the Real Property. faCIlities, additions, replacements and other construction on the Real Property .. , Indebtedness The word 'Indebtedness· means all prlllClpal, Interest, and other amounts, costs and expenses payable· under the Note or Related Documents, together with all renewals of, extenslOlls of, modmcattons of, consohdattons 61 and substrtUltons for the Note or Related Documents and any amounts. expended or advanced· by Lender to discharge Gramer's oblJgattons or expenses Incurred by Trustee or Lender to enforce Grantor's obhgatlons under thiS Deed of Trust, logether with Interest on stich amounts as provided In thIS Deed of Trust SpecifICally, without hmltatlon, Indebtedness Includes all amounts that may be indirectly secured by the Cross..corlaterahzatlon prOVISion 01 thiS Deed of Trust Lender. The word 'Lender" means Shoreline Bank, ItS successors and assigns Note The word 'Note" means the Promissory Note from Seanle Industnal Corporation to Shoreline Bank dated August 15, 2001 In the amount of $600,000 00 NonCE TO GRANTOR THE NOTE CONTAINS A VARIABLE INTEREST RATE Personal Property The words ·Personal Property" mean aU eqUipment, fixtures, and other aruclesof personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property, together With all accesSIOns, parts, and additions to, all replacements of, and all substrtubons for, any of such prOperty. and together WIth all Issues and profItS thereon and proceeds (including without IImltatton alllnsuraTlCe proceeds and refundS of prerruums) from any sale or other dlsposllion ;)f the Property Property. The word 'Property" means collectIVely the Reat Property and the Personal Property Real Property_ The words "Real Property" mean the real property, Interests and ngllts, as further descnbed In thIS Deed ofTrust Related Documents The words ·Related Documents· mean all promissory notes, croon agreements, loan agreements, environmental agreements, guaranties, secunty agreements, mortgages, deeds of trust, secunty deeds, collateral mortgages, and ~II other Instruments, agreements and documents,. whether now or hereafter eXisting, executed In connectton with the Indebtedness Rents The word 'Rents' means aU present and future rents, revenues, Income, ISSUes, roy8rtles, profits, and other benefits denved from the Property . Trustee The word "Trustee· means PacifiC Northwest Title InsuraTlCe Company 01 Washington, ITIC, whose malilllg address IS 215 Columbta Street, Seattle, WA 98104-1511 and any substrtute or successor trustees DEED OF TRUST (ContinUled) 20040811000451.012 Page 12 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF mUST, AND GRANTOR AGREES TO ITS TERMS ~ . GRANTOR x&g.~& INDIVIDUAL ACKNOWLEDGMENT STATE OF_...:::lAJ.,-:;:_A-..:... ___ ~ ___ _ cou~oF~}(J-=~iv:J~.~----______ __ )SS ) On thIS day before me. the underSigned Notary PubliC. personally appeared Steven B Altnnger, personally known to me or proved to me on the basIS of satISfactory eVidence to be the IndMdual descnbed In and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of r{~~~,~S or her free and voluntary act and deed, for the uses and . purposes therein mentioned ......... ~ '\ I" y\ . Given under my hand and offiCial seal thl~'" ~ .' •••• '" day of fi ~:f-I 20 a . : ... ~. ~,O..'~ , . ~ ... ~ OT AfT~'" ~ C" 1/\ '...v:~' J..fII'P'l!.=..!!<..::....!~~-F-----/J'~"'=""....-+: .: [] ~ y ~ l ~ ReSiding at -"'-¥ ...... -=-Y Wo.-..........=c. J"I-=-r=..::::r-: __ , "II'."" , 0. he State of ~ \. f. U ~L\C. . /-~ 1 . My commiSSion expires ]qp\!l2 II.~·'. ..~.:: f, -v):'" 1-"J C~"'~0: 'ff.$" •••••••• .:1 .. \ .... .;' III, OF: wp..S'" _ .. - '\\\'\.\,''''''', .... , ...... REQUEST FOR FULL RECONVEYANCE To _____ -------------, Trustee The undersigned is the legal owner and holder of all Indebtedness secured by thiS Deed of Trust You are hereby requested, upon payment of all sums oWing to you, to reconvey WithOut warranty, to the persons entttled thereto, the fight, title and Interest now held by you under the Deed of Trust Date ___ -,.-_____________ _ BenefiCiary. ________ _ By _______ _ I~ ________________ _ ,'H.' RETURN ADDRESS. " Shoreline Bank 16001 Aurora Avenue NOrth Shoreline, WA 98133 . DATE: July 27, 2004 20040811000453.001 --------111111~~1 1000453 . 31 00 DEED OF TRUST Reference.# (If applicable) 170300388 Grantor(s). Additional on page __ . 1 Altrrnger, Steven B 2 Furrer. Ronald S Grantee(s) 1 Shoreline Bank 2 Pacific Northwest Title Insurance Company of Washlngt()n, Inc, Trustee Legal DeSCription Ptn Tract 79, Hillman's Lake Washington Garden of Eden Add to Seattle No 2, Vol 11, pg 64 Additional on page 2 Assessor's Tax Parcel 10# . 334270-0368-02 512CJ~5-S THIS DEED OF TRUST is dated July 27, 2004, among Steven B. Altringer, who also appears of record as Steven Brent Altringer, and Ronald S. Furrer, who also appears of record as Ronald Furrer, each as their respective separate estates ("Grantor"); Shoreline Bank, whose mailing address is 16001 Aurora Avenue North, Shoreline, WA 98133 (referred to below sometimes ·as "Lender" and sometimes as "Beneficiary"); and Pacific Northwest Title Insurance Company of Washington, Inc., whose mailing address is 215 Columbia Street, Seattle, WA 98104-1511 (referred to below as "Trustee"). DEED OF TRUST (Continued) 20040811000453.002 Page 2 CONVEYANCE AND GRANT For valuable consideration, Grantor conveys to Trustee m trust with power of sale, right of entry and possession and for the benefit of Lender as BenefiCiary, all of Grantor's right; title, and Interest In and to the follOWing descnbed real property, together with all eXisting or subsequently erected or affixed buildings, Improvements and fixtures·, all easements, rights of way, and appurtenances, all water, water rights and ditch rights (Inclucbng stock In utIlities· Wllh.drtch or ITngatlon nghts), and aU other nghts, royalties, and profits relating to the real property, Includmg WIthout limitatIOn all rmnerals, oil, gas, geothermal and Similar matters, (the "Real. Property") located in King County, State of Washington. East 300 feet of Tract 79, C. D. Hillman's Lake Washington Garden of Eden Addition to Seattle No.2, accordmg to the plat thereof recorded in Volume 11 of Plats, page 64, in Kmg County, Washiogton. . EXCEPT the south 90 feet of the east 140 feet thereof; TOGETHER WITH an easement for road purposes over the north 12 feet of said Tract 79; EXCEPT that portion lYing within the main tract. The Real Property or its address is commonly known as 3638 Lake Washington Boulevard North, Renton, WA 98056 The Real Property tax Identification number IS 334270-0368-02 . CROSS-COLLATERAUZATION In addition to the Note, this Deed of Trust secures all obhgatlons, debts and lIablhtIes, piuS Interest thereon, of Borrower to Lender, or any one or more of them, as well as aU claims by Lender against Borrower or any one or more of them, whether now eXlstmg or hereafter anSlng, whether related or unrelated to the purpose of the Note, Whether voluntary or othelWlse, whether due or not due, direct or Indirect, determined or undetermined, absolute or contingent, liqUidated or unliquidated wh~~her Borrower or Grantor may be hable indiVidually or JOintly With others, whether obligated as guarantor, surely, accoinmodatlon party or otherwISe. and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwISe unenforceable . REVOLVING LINE OF CREDIT ThiS Deed of Trust secures the Indebtedness Includmg, Without limitation, a revolVing hne of creclit,Wllh a variable rate of Interest, which obligates Lender to make advances to Borrower so long as Borrower complies With all the terms of the Note and the Ime of credit has not been terminated, suspended or cancelled, the Note allows negative amortIZation Funds may be advanced by Lender, repaid, and subsequently readvanced The unpaid balance of the revolVing Ime of credit may at certain times be lower than the amount shown or ;zero A ;zero balance does not terminate the hne of credit or terminate Lender's obligation/to advance funds to Borrower Therefore, the hen of thiS Deed of Trust Will remain In full force and eHect notwithstanding any zero balance . Grantor hereby assigns as securrty to Lender, all of Granto(s nght, trtle, and Interest In and to all leases. Renls. and profits of the Property ThiS assignment IS recorded In accordance with RCW 65 08 070, the lien created by thIS assIgnment IS Intended to be specdrc, perfected and choate upon the recording of thiS Deed of Trust Lender grants to Grantor a hcense to collect the Rents and probts, whICh license may be revoked at Lende(s optIOn and shall be automatically revoked upon acceleration of all or part of the Indebtedness THIS DEED OF TRUST, INCLUDING TliE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (6) PERFORMANCE OF ANY AND ALL OBUGATIONS UNDER THIS DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS GRANTOR'S REPRESENTATIONS AND WARRANTIES Grantor warrants that (a) thiS Deed of Trust IS executed at Borrower's request and not at the request" of Lender, (b) Grantor has the full power, nght, and authonty to enter Into thiS Deed of Trust and to hypothecate the Property, (c) the prOVISIOns. of thIS Deed of Trust do not confhct With. or result.in a default under any agreement or other Instrument binding upon Grantor and do not result In a VIOlation of any law. regulatIOn, court decree or order applICable to Grantor, (d) Grantor has established adequate means 01 obtaining from Borrower on a conlinUlng baSIS information about Borrower's finanCial condItIOn, and (e) Lender has made no representation to Grantor about Borrower (including without limitatIon the credrtworthlness of Borrower) GRANTOR'S WAIVERS Grantor waives all nghts or defenses arlsmg by reason 01 any 'one action" or 'anb-deflclency" law, or any other law which may prevent Lender from bnnglng any action against Grantor, Including a claim for defiCIency to the extent Lender IS othelWlSe entitled to a claim for defiCiency, before or after Lender's commencement or complellon of any foreclosure action, either JudICially or by exerCIse of a power of sale PAYMENT AND PERFORMANCE Except as othelWlse proVided In thiS Deed of Trust. Borrower shall pay to Lend·er all Indebtedness secured by thiS Deed of· Trust as It becomes due, and Borrower and Grantor Shall stnctly pertorm all their , ..... DEED OF TRUST (Continued) respeclTVe obligations under the Note, thIS Deed of Trust, and the Related DOcuments 20040811000453.003 Page 3 POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor'S possessIOn and use of the Property shall be govemed by the follOWing pr,?vlSlorlS • Possession and Use. Until the occLirrence of an Event of Default, Grantor may (1) remain In possessIOn and control of the PrOperty, (2) use, operate or manage the Property, and (3) collect the Rents from the Property (thIS pnvllege IS a hcense from Lender to Grantor automatically revoked upon default) The follOWing provISIOns relate to the use of the Property or to other hmltatlOns on the Property The Real Property IS not used pnnclpally for agricultural purposes Duty to Maintain . Grantor. shall malntalll the Property In tenantable. condition and promptly perfonn all repairs, replacements, and mallltenance necessary to preserve Its value Compliance With enVironmental Laws Grantor represents and warrants to Lender lhat (1) Dunng the penod of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property, (2) Grantor has no knowledge of, or reason to beheve that there has been, except as prevIOusly disclosed to and acknowledged by Lender In writing, (a) any breach or VIOlation of any EnVironmental Laws, (b) any use, generation, manufacture, storage, treatment, dISposal, release or threatened release of any Hazardous Substance on, under, about or'rom the Property by any pnor owners or occupants of the Property, or (c) any actual or threatened litigatIOn or ctallns of any kind by any person reJatll1g to such matters, and (3) Except as prevIoUsly disclosed to and acknowledged by Lender In wnbng, (a) nerther Grantor nor any tenant, contractor, agent or other authonzed user of the Property shall use, generate, manufacture, store, treat, dISpose of or release any Hazardous Substance on, under, about or from the Property, and (b) any such actIVity shall be conducted Incompliance with all applicable federal, state, and local laws, regulations and ordinances, IncllJdlOg without limitation all EnVironmental laws Grantor authonzes Lender and Its agents to enter upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may deem appropnate to detennlne compliance of the Property with thIS sectIOn of the Deed of Trust Any InspecttorlS or tests made by Lender shall be for Lender's. purposes only and shall not be construed to create any responSibility or liability on the part of Lender to Grantor or to aily other person The representations and warranties contained hereIn are based on Grantor's due diligence 10 Investigating the Property for Hazardous Substances Grantor hereby (1) releases and WaIVes any future cl8lrrlS agall1St lender for Indemmty or contnbutlon In the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to Indemnify and hold harmless Lender against any and,all claims, losses, lIabdrtJes, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of thiS sectlon·of the Deed of Trust or as a consequence of any use, generation, manufaclure, storage, dISposal, release or threatened release occumng poor to Grantor's ownership or Interest 10 the Property, whether or not the same was or should have been known to Grantor The proVlslOrlS of thiS section of the Deed of Trust, Includll19 the obltgaoon to lI1demlfy, shall sUlVlVe the payment of the Indebtedness and the satlsfactlOTl and reconveyance of the lien of thiS Deed of Trust and shall not be affected by Lender's acqUisitIOn of any Interest In the Property, whether by foreclosure or otherwise Nuisance, Waste. Grantor shall not cause, conduct or permit any nUisance nor commit, permit, or suffer any stnpPlng of or waste on or to the Property or any portion of the Property Without limiting the generality of the foregOing, Grantor will not remove, or grant to any other party the nght to rerrtOve, any timber, minerals (including od and gas), coal, clay, scoraa, soli, gravel or rock products WithOut Lender's pnor wntlen consent Removal of Improvements Grantor shall not demOlish or remove any Improvements from the Real Property Without Lender's pnor wntten cOrlSent As a COndition to the removal of any Improvements, Lender may reqUire Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value Lender's Right to Enter. Lender and Lerider's agents· and representatives may enter upon the Real Property at all reasonable tnnes to attend to Lender's Interests and to IrlSpect the Real Property for purposes of Grantors compliance with the terms and condItIOns of thIS Deed of Trust . Compliance with Governmental Requirements Grantor shall promptly comply, and shall promptly cause compliance by all agents, tenants or other per~rIS or entllles of every nature whatsoever who rent, lease or otherwise use or occupy the Property ITl any manner, with .all laws, ordinances, and regulations, now or hereafter In effect, of all govemmental authorities applicable to the use or occupancy of the Property, Including without limitation, the Americans With DIS8b~lbes Act Grantor may contest 10 good faith any such law, ordinance, or regulation and withhold compliance dunng any proceeding, including appropnate appeals, so long as Grantor has notified Lender In wntlng prior to dOing so and so long as, ITl Lender's sole OPinIOn, Lender's Interests In the Property are not Jeopardized Lender may reqUire Grantor to post adequate secunty or a surety bond, reasonably satisfactory to Lender, to protect Lenders Interest Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property Grantor shall do all other acts, an addmon to 1hose acts set forth above In thiS section, whICh from the character and use of the Property are reasonably necessal)' to protect and preserve the Property DUE ON SALE -CONSENT BY LENDER Lender may, at Lender's option, (A) declare Immediately due and payable all sums secured by thIS Deed of Trust or (B) IOcrease the Interest rate prOVided for In the Note or other document eVidenCing DEED OF TRUST (Continued) 20040811000453.004 Page 4 the Indebtedness and onpose such other conditions as Lender deems appropnate, upon the sale or transfer, wrthout lender's pnor wntten consent, of all or any part of the Real Property, or any mterest m the Real Property A "sale or transfer" means the conveyance of Real Property or any nght, title or Interest m the Real Property, whether legal, beneflCl8l. or equitable. whether voluntary or Involuntary. whether by outnght sale. deed, Installment sale contract, land contract. contract for deed. leaseholel . mterest with a term greater than three (3) years, lease-option contract. or by sale; assignment. or transfer of any benefICial Interest In or to any land trust hoIdmg title to the Real Property, or by any other method of conveyance of an mterest m the Real Property If any Grantor IS a corporatIOn, partnership qr limited liability company. transfer also mcludes any change In ownership of mOte than twenty-five percent (25%) of the vOting stock, partnership Interests or hmned habillty company mterests, as the case may be, of such Grantor However, thIS option shall not be exercISed by Lender If such exercise IS prohibited by federal law or by Washington law TAXES AND UENS The follOWing proviSIOns relatmg to the· taxes and liens on the Property are part of thIS Deed of Trust Payment Grantor shall pay when due (and m an events pnor to delinquency) all taxes, special taxes, assessments. charges (Including water and sewer), fines and Impositions leVied against or on account of the Property. and shall pay when due all claims for work done on or for services rendered or materl8l furnished to the Property Grantor shall maintain the Property free of all hens haVing pnorlty over or equal to the Interest of Lender under thiS Deed of Trust. except for the lien of taxes and assessments not due. except for the Existing Indebtedness referred to below, and except as otherwise proVided In thiS Deed of Trust RIght to Contest Grantor may wrthhold payment of any tax, assessment, or claim In connecbon ·wlth a good faith dispute over the obhgatlon to pay, so long as lender'S Interest In the Property IS not Jeopardized If a lien anses or IS filed as a result of nonpayment, Grantor shall wrthrn fifteen (15) days after the lien anses or, If a lien IS fried. Within fifteen (15) days after Grantor has notice of .the filing, secure the discharge of the hen, or If requested by Lender, deposit wrth Lender cash or a suffiCient corporate surety bond or other security satisfactory to lender In an amount suffICient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the hen In any contest, Grantor shall defend nself and Lender and shall satisfy any adverse Judgment before enforcement against the Property Granter shall name Lender as an additional obligee under any surety bond fumlshed In the contest proceedmgs EVIdence of Payment Grantor shall upon demand fumlSh to Lender satisfactory eVidence of payment of the taxes or assessment<; and shall authonze the appropnate governmental OffiCial to deliver to Lender at any time a wntten statement of the taxes and assessments agamst the Property Notice of Construction Grantor Shall nobfy Lender at least hfteen (15) days before any work is commenced. any ServiCes are fumlshed, or any matenals are SUpplied to the Property, If any mechamc's lien, materlalmen's hen. or other hen could be asserted on account of the work, servICes, or matenals Grantor will upon request 01 Lender fumlsh to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements PROPERTY DAMAGE INSURANCE The follOWing prOVISIOns relating to Insunng the Property are a part of thiS Deed of Trust Maintenance of Insurance Grantor shall procure and maintain polICies of fire Insurance With standard extended coverage endorsements on a fasr value basIS for the fuB InSurable value covenng all Improvements on the Real Property In an amount suffiCient to aVOid applICation of any cOinsurance clause, and wrth a standard mortgagee clause In favor 01 Lender Grantor shall also procure and maintain comprehensIVe general liability Insurance In such coverage amounts as Lender may request With Trustee and Lender being named as addnlonal Insureds In such lIabdny Insurance poliCies Additionally, Grantor shall maintain such other Insurance, Including but not limited to hazard. bUSiness interruptIOn. and boder Insurance, as lender may reasonably requite PolICies shall be wntten In form. amounts. coverages and baSIS reasonably acceptable to Lender and ISSUed by a company or compames reasonably acceptable to Lender Grantor. upon reque'lt of Lender, Will dehver to lender from time to time the poliCies or certificates of Insurance In form satisfactory to Lender, Including stipulations that coverages Will not be cancelled or diminished Without at least thirty (30) days pnor written nobce to Lender Each Insurance poliCY also shall Include an endorsement proViding that coverage In favor of Lender will not be Impaired In any way by any act, omiSSion or default of Grantor or any other person Should the Real Property be located In ari area deSignated by the Director of the Federal Emergency Management·Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance. If available. Within 45 days after notice IS gIVen by lender that the Property IS located In a special flood hazard area. for the full unpaid prinCipal balance of the loan and any pnor hens on the property securing the loan, up to the maximum polICy limits set under the National Rood Insurance Program, or as otherwise reqUired by Lender, and to maintain such Insurance for the term of the loan Application of Proceeds Grantor shall promptly nobfy Lender 01 any loss or damage to the Property Lender may make proof of loss If Grantor falls to do so within fifteen (15) days of the casualty Whether or not Lender's secUTlIy IS Impaired, Lender may, at lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any hen affecting the Property, or the restoration and repair of the Property If lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender Lender shall. upon satlsfactory proof of such expenditure. .' .. , DEED OF TRUST (Continued) 20040811000453.005 Page 5 . payor reimburse Grantor lrom the proceeds for the reasonable cost of repair or restoration II Grantor IS not 10 default under thIS Deed of Trust Ally proceeds which have not been dISbursed wlthl1l 180 days after thelf receipt and which Lender has not commrtted to the repair or restoration of the Property shall be used first to pay any amount owmg to Lender under thIS Deed of Trust, then to pay accrued IOterest, and the remainder, If any, s~1I be applied to the pnnclpal balance of the Indebtedness If Lender holds any proceeds after payment 10 full of the Indebtedness, such proceeds shall be patd Without Interest to Grantor as Grantor's Interests may appear Compliance with Existing Indebtedness Dunng the penod In whICh any Existing Indebtedness descnbed below IS In effect, compliance with the trlSurance provISIOns contained In the Instrument evidenCing such Existing Indebtedness shall constItute compliance with the trlSurance proVISIOns under thIS Deed of Trust, to the extent compliance with the terms of thIS Deed of Trust would constrtute a duplICation of msurance reqUirement ·If any proceeds from the Insurance become payable on loss, the provISIOns In this Deed of Trust for dIVISion of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Extstll1g Indebtedness Grantor's Report on Insurance Upon request of Lender, however not more than once a year, Grantor shall fumlSh to Lender a report on each eXlSbng poliCY of Insurance shOWing (1) the name of the Insurer. (2) the nsks Insured. (3) the amount of the polICy, (4) the property msured, the then current rep/acement value of such property. and the manner of detemumng that value, and (5) the explrabon date of the pohcy Grantor shall, upon request of Lender. have an Independent appraiser sabsfactory to Lender determine the cash value replacement cost of the Property LENDER'S EXPENDITURES If any action or proceeding IS commenced that would matenally affect lender's Interest In the Property'or If Grantor fads to comply with any proVISIOn 6f thiS Deed of Trust or any Related Documents, Including but not limited to Grantor's failure to comply wrth any obllgatlOO· to· maintain EXisting Indebtedness 10 good staridlOg as reqUIred below, or to discharge or pay when due any amounts Grantor IS reqUired to discharge or pay under thiS Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropnate, Including but not limited to dIScharging or paying all taxes, liens, securrty Interests, encumbrances and other claims, at any time leVied or placed on the Property and paying all costs for trlSunng, maintaining and preserving the Property All such expendrtures InCurred or paid by Lender for such purposes Will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor All such expenses Will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand, (8) be added to the balance of the Note and be ' apportioned among and be payable with any mstallment payments to become due dunng erther (1) the term of any applicable InsUrance polICY, or (2) the remaining term of the Note, or (e) be treated as a balloon payment whlchwdl be due and payable at the Note's matunty The Deed of Trust also Will secure payment of these amounts Such TIght shall be In addition to all other nghts and remedies tei whICh Lender may be entrtled upon Default WARRANTY; DEFENSE OF TITLE The follOWing prOVIsIons relating to ownership of the Property are a part of thiS Deed of Trust . . Title. Grantor warrants that (a) Grantor holds good and marketable bUe of record to the Property In fee Simple, free and clear of all hens and encumbrances other than those set forth In the Real Property descnptlOri or In the EXisting . Indebtedness section below or In any btle Insurance policy, tlUe report, or final title opInion ISsued,1n favor of, and accepted by, Lender In connecbon with thiS Deed of Trust, and (b) Grantor has the full nght, power, and authonty to execute and deliver thIS Deed of Trust to Lender Defense of Title Subject to the exception In the paragraph above, Grantor warrants and will forever defend the tlUe to the Property against the lawful Clauns of all persons . In the event any acllon or proceeding IS commenced that quesllons Grantor's title or the Interest of Trustee or Lender under thIS Deed of Trust, Grantor. shall defend the action at Grantor's expense Grantor may be the nomll1a1. party 111 such proceed·'lg. but Lender shall be entitled to participate In the proceadlllQ and to be represented In the proceeding by counseJ'of Lender's own chOice. and Grantor Will deliver, or cause to be delivered. to Lender such II1struments as Lender may request from time to time to pennlt such partICipation Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all eXisting applicable laws, OrdinanceS, and regulatIOnS of governmental authontJes Survival of Representations and Warranties. All representatIOns, warranties, and agreements made by Grantor In thiS Deed of Trust shall sUrvive the execubon and delIVery of thIS Deed of Trust, shall be continUing In nature. and shall rematn In full force and effect until such time as Borrower'S Indebtedness shall be paid In full EXISTING INDEBTEDNESS. The follOWing prOVISIOns concemtng exiStIng Indebtedness are a part of thiS Deed of Trust ExIstIng Lien. The hen of thiS Deed of Trust secunng the Indebtedness may be secondary and mfenor to an eXlSbng hen Grantor expressly covenants and agrees to pay, or see to the payment of, the EXisting Indebtedness and to prevent any default on such Indebtedness. any default under the Instruments eVldeTIClng such Indebtedness, or any default under any sBCurrty documents for such lIldebtedneSs' , .. No Modification. Grantor shall not enter Into any agreement with the holder of any mortgage, deed of trust, or other secunty agreement which has pnonty over thiS Deed of Trust by which that agreement IS modified, amended, extended, or renewed Without the pnor written consent of Lender Grantor shall nerther request nor accept any future advances DEED OF TRUST (Continued) under any such secunty agreement WIthout the pTIOr written consent 01 Lender 20040811000453.006 Page 6 CONDEMNATION The follOWing provIsIons relatmg to condemnation proceedings are a part of thIS Deed of Trust Proceedings If any proceedIng In condemnatIon IS fde<t, Grantor shall promptly notify Lender In wrrtJng, and Grantor shan promptly take such steps as may be necessary to defend the action and obtaIn the award Grantor may be the nomInal party In such proceedIng, but Lender shall be entitled to partiCIpate m the proceedmg and to be represented tn the proceedtng by counsel of Its own chOIce all at Grantor's expense, and GrantOr WIll delIver or cause to be delivered to Lender such Instruments and documentatIon as may be requested by Lender from time to time to permIt such parttclP8tIon Application of Net Proceeds If all or any part of the Property IS condemned by emInent domain proceedIngs or by any proceedIng· or purchase In heu of condemnatIon, Lender may at rts election reqUIre that all or any portton of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lender In connectIon WIth the condemnatIon IMPOSmON OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORmES The follOWing provIsIons relating to . govemmental taxE'S, fees and charges are a part of thIS Deed of Trust Current Taxes, Fees and Charges Upon request by Lender, Grantor shall execute such documents In addition to thIS Deed of Tru')t and take whatever other actIon IS requested by Lender to perfect and contInue Lender's lIen on the Real Property Oramor shall reImburse Lender for all-taxes, as desCribed below, together with all expenses Incurred In recording, perfecting or continUing thIS Deed of Trust, IncludIng Without limItatIon all taxes. fees, documentary stamps, and other charges for recording or registering thiS Deed of Trust > Taxes> The follOWing shall constdute taxes to whICh thts sectton applies (1) a specIfiC tax upon thIS type of Deed of Trust or upon all or any part of the >. Indebtedness secured by thIS Deed a! Trust; (2) a specifiC tax on Borrower whIch Borrower IS authonzed or reqUIred to deduct from payments on the Indebtedness secured by thIS type of Deed of Trust, (3) a tax on thiS type of Deed of Trust chargeable agaInst the Lender or the holder of the Note, and (4) a specdlC tax on all or any portion of the Indebtedhess or on payments of pnnclpal and Interest made by Borrower Subsequent Taxes If any tax to whICh thIS section applies IS enacted subsequent to the date of thiS Deed of Trust, thiS event shan have the same effect as an Event of Default, and Lender may exercISe any or all of Its available remedies for an I;vent of Default as provided below unless Grantor either (1) pays Ihe tax before II becomes delinquent, or (2) cOntests the tax as prOVIded above In the Taxes and lJens sectIOn and depoSits with Lender cash or a suffiCIent corporate surety bond or other secunty satisfactory to Lender SECURITY AGREEMENT, FINANCING STATEMENTS The follOWIng prOVISIons relating to thiS Deed of Trust as a secunty> agreement are a part of thIS Deed of Trust Secunty Agreement ThIS Instrument shall constrtute a SecUrity Agreement to the extent any of the Property constitutes fIxtures, and Lender shall have all of the Tights of a secured party under the Untform CommercIal Code as amended from tune to time Security Interest Upon request by Lender, Grantor shall take whatever action IS requested by Lender to perfect and continue Lender's securrty Interest In the Rents and Personal Property In addItIOn to recordIng thiS. Deed of Trust In the real property records, Ler:rder may, at any lime and wrthout>further authorization from Grantor, tile executed counterparts, COPies or reproductIons of thIS Deed of Trust as a fInancing statement Grantor shall reimburse Lender for all expenses . Incurred tn perfectIng or contlnulf1g thIS secunty mterest Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property Upon default, Grantor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably conventent to Grantor and Lender and make II available to Lender wrthln three (3) days after receIpt of written demand from Lender to the extent permitted by applICable law . Addresses The malilng addresses of Grantor (debtor) and Lender (secured party) Irom whIch Inlormallon concerning the securrty Interest granted by thIS Deed 01 Trust may be obtained (each as reqUITed by the Umform Commercial Code) are as stated on the fltst page of thts Deed of Trust FURTHER> ASSURANCES, ATTORNEY-IN-FACT The following provIsIons relating to further assurances and attomeY-In-fact are a part of thIS Deed of Trust Further Assurances At any tune, and from time to lime, upon request 01 Lender, Grantor will make, execute and delIver, or will cause to be made, executed or delivered, to Lender or to Lender's deSignee, and when requested by Lender, cause to be flied, recorded, refiled, or rerecorded, as the case may be. at such trmes and tn such offIces and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, secunty deeds, secunty agreements, finanCing statements, contrnuatlon statements, Instruments of further assurance, certificates, and other documents as may, In the sole opinIon of Lender, be necessary or deSirable In order to effectuate, complete, perfect, continUe, or preserve (1) BorrOWer's and Grantor's obligatIons under the Note, thIS Deed of Trust, and the Related Documents, and (2) the hens and secunty Interests created by thIS Deed of Trust on the Property, whether now owned DEED OF TRUST (Continued) 20040811000453.007 Page 7 or hereafter acquired by Grantor Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall relOIDurse Lender for all costs and expenses IncUrred In connection with !he matters referred to In thiS paragraph Attorney-in-Fact If Grantor fiills to do any of the things referred to In the precechng paragraph, Lender may do so for and m !he name of Grantor aria at Grantor's expense For such purposes, Grantor hereby Irrevocably appomts Lender as Grantor's attorney-m-fact for the purpose of making, executtng, delivenng, filing, recording, and dOing all other things as may be necessary or desirable, In Lender's sole OpIniOn, to accomplish the matters referred to In the preceding paragraph FULL PERFORMANCE If Borrower pays all the Indebtedness when due, and otheTWISe performs all the obligatIOns Imposed upon Grantor under thIS Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor surtable statements of termination of any financing statement on fde evldencmg Lender's security Interest In the Rents and the Personal Property Any reconveyance fee shall be paid by Grantor, If permitted by applicable law The grantee In any reconveyance may be descnbed as the "person or persons legally enllUed thereto', and the recitals m the reconveyance of any matters or facts shall be conclUSIVe proof of the truthfulness of any such matters or mcts . EVENTS OF DEFAULT Each of the follOWing, at Lender's opllon, shall constitute an Event of Defau" under thiS Deed of Trust Payment Default Borrower fads to make any payment when due under the Indebtedness Other Defaults. Borrower or Grantor fads to comply wrth or to perform any other term, obligation, covenant or Condition contained In thIS Deed of Trust or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower or Grantor Compliance Pefault Fadure to comply with any other term, obligation, covenant or condition contained In thIS Deed of Trust, !he Note or In any of the Related Documents Default on Other Payments Failure of Grantor WIthm the time reqUired by thiS Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any hen Default In Favor of Third Parties Should Borrower or any Grantor default under any loan, extension of credit, s6cunty agreement,purchase or sales agreement, or any olher agreement, m favor of any other creditor or persbn that may matenally affect any of Grantor's property or Borrower's or any Grantor's abdlty to repay the Indebtedness or perform their respectIVe obligations under thiS Deed of Trust or any of the Related Documents False Statements. Any warranty, representation or statement made or furnIShed to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under thiS· Deed of Trust or the Related Documents IS false or mlsleadmg In· any matenal respect, either now or at the time made or furnished or becomes false or misleading at anytime thereafter Defective Collateralrzatlon. ThIS Deed of Trust or any of the Related Documents ceases to be In full force and effect - (1IlCludlng failure of any collateral document to create a valid and perfected secUrity Interest or hen) at any time and lor any reason Death or InSOlvency. The dlSsolubon or termtnatlon of Borrower's or Grantor's eXistence as a goln9 bUSiness, the msolvency of Borrower or-Grantor, the appoIntment of a receIVer for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower or Grantor Creditor or Forfeiture Proceechngs. Commencement of foreolosure or forferture proceedings, whether by ludlcl8l proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency agaInst any property secunng the Indebtedness ThIS Includes a gamlShment of any of Borrower's or Grantor's accotHlts, Including deposit accounts, with Lender However, ~IS Event of Dem"" shall not apply If there IS a good faIth dISpute by. Borrower or Grantor as to the validity or reasonableness of the claim which IS the baSIS of the creditor or forfeiture proceeding and If Borrower or Grantor gIVes lender -written notice of the creditor or forfeiture proceechng and deposItS Wdh Lender monies or a surety bond for the creditor or forfeiture proceedmg, In an amount deterrruned by Lender, In ItS sole dIScretion, as being an adequate reserve or borid for the dISpute Breach of Other Agreement Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that IS not remeclJed Within any grace paned proVIded therein, including Without limrtatlOn any agreement concerning any Indebtedness or other obligatlon of Borrower or Grantor to Lender, whether eXlslJng now or later . Events Affecting Guarantor Any of the preceding events occurs With respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent, or revokes or dISputes the validIty of, or liability under, any Guaranty of the Indebtedness In the event of a death, Lender, at ItS option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arISing under the guaranty In a manner sallsfactory to Lender, and, In dOing so, cure any Event of Default DEED OF TRUST (Continued) 20040811000453.008 Page 8 Adverse Change A matenal adverse change occurs in Borrower's or Grantor's fmanclal conditIOn, or Lender believes the prospect of payment or performance of the Indebtedness IS Impaired ~ Insecurity Lender In good faith beheves Itself Insecure EXIsting IndebtednesS The payment of any Installment of pnl')clpal or any Interest on the EXisting Indebtedness IS not made Within the !lITIe required by the promissory note evidencing such Indebtedness, or a default occurs under the Instrument secunng such Indebtedness and IS not cured dunng any appltcable grace penod In such Instrument, or any suit or other action IS commenced to foreclose any eXIsting lien on the Property Right to CUI e If arry default, other than a default In payment IS curable and If Grantor has not been gIVen a notICe of a breach of the same provlSlOI1 of thiS Deed of Trust within the preceding twelve (12) months, It may be cured If Grantor, after receMng wntten notICe from Lender demanding cure of such default (1) cures the default WIthin thirty (30) days. or (2) If the cure reqUires more than thirty (3D) days, lITIIT1edlStely Initiates steps whICh Lender deems In Lender's sole dlscrebon to be suffiCient to cure the default and thereafter contmues and completes all reasonable and necec;sary steps sufficient to produce compliance as soon as reasonably pracllcal RIGHTS AND REMEDIES ON DEFAULT If an Event of Default occurs under thiS Deed of Trust, at any time thereafter, Trustee or Lender may exercise anyone or more of the follOWing nghts and remedies Election of Reinedles. Election by Lender to pursue any remedY shall not exclude pursUit of any other remedy, and an 'election to make expendrtlJres or to take acMn to perform an obllgallon of Grantor under thiS Deed of Trust, after Grantor's failure to perform, shall not affect Lender's nght to declare a default and exercise Its remedies Accelerate Indebtedness Lender shall have the right at Its Option to declare the enllre Indebtedness Immedi8.tely due . and payable, including any ~repayment penalty whICh Borrower would be reqUIred to pay Foreclosure· ,With respect to all or any part of the Real Property, the Trustee shall have the nght to exercise Its power of sale and to foreclose by notIce and sale, and Lender shall have the Tight to foreclose by JudiCial foreclosure, In either case In accordance WIth and to the full extent proVIded by applicable law UCC Remedies WIth respect to a11'or any part of the Personal Property, Lender shall have all the nghts and remedies of a secured party under the Uniform Commercial Code Collect Rents. Lender shall have the nght, without notice to Borrower or Grantor to take possession of and manage the Proparty and collect .the Rents, including amounts past due and unpaid,. and apply the net proceeds, over and above Lender's costs, against the Indebtedness In furtherance of thiS nght, Lender may. requIre any tenant or other user of the Property to TTl8ke payments of rent or use fees directly to lender If the Rents are collected by Lender, then Grantor Irrevocably designates Lender as Grantor's attorneY-in-fact to endorse Instruments received In payment thereOf In the name of Grantor and to negotlSte the same and collect the proceeds Payments by tenants or other users to Lender In response to lender's demand shall sallsfy the obhgatrOTlS for whICh the payments are made, whether or not any proper grounds for the demand eXisted Lender rTl8y exercISe Its nghts under this subparagraph either In person, by agent, or through a receiver Appoint Recetver Lender shall have the nght to have a receiver appointed to take possess ron of all or any part of the Property, wrth the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness The receiver may serve without bond If permitted by law Lender's nght to the apPOintment of a receIVer shall eXISt whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receIVer Tenancy at Sufferance If Grantor remains In possession of the Property after ttie Property IS sold as provided above or Lender otherwise becomes entrtted to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immechately upon the demand of Lender . Other RemedIes Trustee or Lender shall have any other nght or remedy pro;lIded In thiS Deed of Trust or the Note or bylaw . Notice of Sale Lender shall gIVe Grantor reasonable notICe of the time and place of any publiC sale of the Personal Property or of the lime after which any prrvate sale or other Intended dlsposlt1Cn of the Personal Property IS to be made Reasonable notice shall mean notice given at least ten (10) days before the lime of the sale or dlspOSlbon Any sale of the Personal Property may be made In COT1junctlOn wrth any sale of the Real Property Sale of the Property To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all rights to have the Property marshalled In exercIsing Its nghts and remedies, the Trustee or Lender shall be tree to sell all or arry part of the Property together or separately, m one sale or by separate sales Lender shall be entitled to bid at any pubhc sale on all or any portion of the Property Attorneys' Fees, Expenses If Lender Inslltutes .any SUIt or actIOn to enforce any of the terms of thiS Deed of Trust, DEED OF TRUST (Continued) 20040811000453.009 Page 9 Lender shall be entrtled to recover such sum as the court may adjudge reasonable as attomeys' fees at tnal and upon any appeal Whether or not any court acllon IS Involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that In Lender's opInion are necessary at any time for the protectton of Its Interest or the enforcement of Its nghts shall become a part of the Indebtedness payable on demand and shall bear mterest at the Note rate from the date of the expendItUre unlll repaid Expenses covered by thIS paragraph Include, WIthout limitation, however subject 10 any limits under applICable law, Lender's attomeys' fees and Lender's legal expenses, whether or not there IS a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (mcludlng efforts. to modify or . vacate any automatic stay or InJunction), appeals, and any antiCipated post-Judgment collecllon serviCes, the cost of searchmg records, obtaining title reports (lncludmg foreclosure reports), surveyors' reports, and appralSll.1 fees, title msurance, alid fees for the Trustee, to the extent permitted by applicable law Grantor also Will pay any court costs. In addrtion to all other sums provided by law Rights of Trustee Trustee shall have all of the nghts and duties of Lender as set forth In thiS section POWERS AND OBLIGATIONS OF TRUSTEE. The followmg provIsions relating to the powers and obllgatlOl1s of Trustee (pursuant to Lender's mstruCtlOOS) are part of thIS Deed of Trust Powers of Trustee. In addition to all powers of Trustee anslng as a matter of law, Trustee shall have the power to take the follOWing aclJons With respect to the Property upon the wrrtten request of Lender and Grantor (a) Jom In prepanng and filing a map or plat of the Real Property, mcludtng the dedICation of streets or other nghts to the publIC, (b) Jom In grantmg any easement or creating any restncbon on the Real Property, and (c) JOin In any subordmatlon or other agreement affectmg thIS Deed of Trust or the Interest of Lender under thiS Deed of Trust Obhgatlons to Notify Trustee shall not be obligated to nobfy any other party of a pending sale under any other trust deed or hen, or of any acbon or proceeding m whICh Grantor, Lender, or Trustee shall be a pal}y, unless reqUIred by applicable law, or unless the aellon or proceedmg IS brought by Trustee Trustee Trustee shall meet all qualificationS reqUired for Trustee under apphcable law tn sddmon to the rights and remedies sel forth above, with respect to an or any part of the Property, the Trustee shall have the nght to .foreclose by notrce and sale, and Lender shall have the nght to foreclose by JudiCial foreclosure, In either case In accordance with and. to the fun extent provided by applicable law Successor Trustee Lender, at Lender's option, may from time 10 trme appolnt·a successor Trustee to any Trustee appointed under thIS Deed of Trust by an mstrument executed and acknowledged by Lender and recorded In the office of the recorder of King County, State of Washington The Instrument shaU co.ntatn, In addltlOfl to all other matters reqUired by state law, the names of the anginal Lender, Trustee, and Grantor, the book and page or the Auditor's File Number where thiS Deed of Trust IS recorded, and the ·name and address of the successor trustee, and the Instrument· shall be executed and acknowledged by Lender or Its siJecessors In Interest The successor trustee, without conveyance of the Property, shan succeed to all the bUe, power, and duties conferred upon the Trustee In thiS Deed of Trust and by applicable law This procedure for substrtutlon of Trustee shall govem to the exclUSion of all other prOVISIOns for substitution NOTICES Subject to applICable law, and except for notICe required or allowed by law to be given In another manner, any notice reQUIred to be giVen under thIS Deed of Trust, including wrthout limitation any notice of default and any notice of sale shall be gIVen tn wrrtmg, and shall be effective when actually dehvered, when actually received by telefacstmde (unless otherwISe required by law), when deposited WIth a nattonally recognized overmght couner, or, If mailed, when deposited In the United States mall, as first class, certified or registered mati postage prepaid, directed to the addresses shown near the beglnmng of thiS Deed of Trust All Copies of notices of foreclosure from the holder of any hen which has PriOrity over thIS Deed of Trust shall be sent to Lender's address, as shown near the beginning of thiS Deed of Trust Any party may change Its address for notICes under thiS Deed of Trust by gMng formal written nobce to the other parbes, speclfymg that the purpose of the notICe IS to change the party's address For. notIce purposes, Grantor agrees to keep Lender mformed at all times of Grantor's current address Subject to applICable law, and except for notice reqUITed or allowed by law to be giVen m another manner, d there IS more than one . Grantor. any notICe given by Lender to any Grantor IS deemed. to· be nollCeglven to all ' Grantors MISCELLANEOUS PROVISIONS. The fOllowlOg miscellaneous proVISions are a part of thIS Deed of Trust Amendments ThIS Deed of Trust, together with any Related Documents, constitutes the entire understanding an9 agreement of the parties 8S to the matters set forth In thiS Deed of Trust No alteration of or amendment to thIS Deed of Trust shall be effectiVe unless gIVen 10 writing and signed by the party or parties sought to be charged or bOund by the alterabon or amendment Annual Reports If the Property IS used for purposes other than Grantor's reSidence, Grantor shall fumlSh to Lender, upon request, a certified statement of net operatmg Income received from the Property dUring Grantor's prevIous fiscal year In such form and detail as Lender shall require "Net operating Income" shall mean all cash receipts from the . Property less all cash expendItUres made In connection With the operation of the Property captIon Headings. Caption headings In thiS Deed of Trust are for convenience purposes only and are not to be used to DEED OF TRUST (Continued) Interpret or define the proVISIOns of thIS Deed of Trust 20040811000453.010 Page 10 Merger There shall be no merger of the Interest or estate created by thIS Deed of Trust With any other rnterest or estate In the Property at any time held by or for the benefrt of Lender In any capacrty, without the wrrtten consent of Lender Governmg Law This Deed of Trust Will be governed by, construed ilnd enforced m accordance with federal law. and the laws of the Stilte of Washmgton This Deed of Trust has been accepted by Lender In the state of Washmgton . ... . . . Jomt and Several Liability All obbgaoorlS of Borrower and Grantor under thIS Deed of Trust shall be JOint and several, ilnd all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower ThIS means that each Borrower and Grantor slgmng below IS responsible for all obligations In thIS Deed of Trust No Waiver by Lender Lender shall not be deemed to have waived any nghts under thiS Deed of Trust unless such waiver IS gIVen In wrrtrng and signed by Lender No delay or omiSSion on the part of Lender In exercISing any nght shall operate as a waIVer of such nght or any other nght A waIVer by Lender of a prOVISIon of thiS Deed of Trust shall not prejudice or constitute a waiver of Lender's nghtotherwlSe to demand Strict compliance with that provIsion. or any other provISIOn of thIS Deed of Trust No prior waIVer by Lender; nor any course of dealing between Lender and Grantor. shall constrtute a waIVer. of any of Lender's nghts or of any of Grantor's obligaborlS as to any future transactions Whenever the consent of Lender IS required under thIS Deed, of Trust, the grantll1g of such cOnsent by Lender In any Instance shall not consbtutecontrnulng consent to subsequent Instances where such cOrlSent IS reqUired and In all cases such consent may be granted or Withheld In the sale dIScretIOn of Lender ' Severability If a court of competent JunsdlCtlOn finds any proVISIOn of thIS Deed of Trust to be Illegal, InValid, or unenforceable as to any person or crrcumstance. that findrng shall not make the offending prOVISIon Illegal, Invalid, or unenforceable as to any other person or circumstance If feaSIble, the offending proVISion shall be conSidered modifIed so that II becomes legal. valid and enforceable If the offendrng provISIOn cannot be so moddled, It shall be conSidered deleted from thiS Deed of Trust Unless otherwise reqUired by law. the Illegality, Invalidity, or unenforceablhty of any provIsion of thIS Deed of Trust shaU'hot affect the legalrty, validity or enforceability of any other proVISion of thiS Deed of Trust Successors and ASSigns. Subject to any IImrtaUorlS stated In thiS Deed of Trust on transfer of Grantor's Interest, thiS Deed of Trust shal.1 be brndlng upon and Inure to the benefrt of the parties, their successors and assigns If ownership of the Property becomes vested In a person other than Grantor, lender, WithOut notice to.Grantor;may deal with Grantor's successors with reference to thIS Deed of Trust and the Indebtedness by way of forbearance or extensIOn without releasing Grantor from th~ obhgatlOns of thiS Deed of Trust or lIabllrty under the Indebtedness Time IS of the Essence Time IS of the essence In the performance of thIS Deed of Trust WaIver of Homestead exemption Grantor hereby releases and waIVes all nghts and benefrts of the homestead exemptron laws of the State of Washington as to all Indebtedness secured by thiS Deed of Trust DEFINmONS The follOWIng capitalized words and terms shall have the follOWing meanings when used 10 thiS Deed of Trust Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful ITIOney of the Uruted States of Amenca Words and terms used In the Singular shall Include the plural, and the plural shall Include the smgular. as the context may reqUire Words and terms not otherwise defined In thiS Deed of Trust shall have the meanings attnbuted to such terms In the Uniform Commercial Code BenefiCiary The word "BenefiCIary" means Shoreline Bank, and Its successors and assigns Borrower The word "Borrower" means' Seattle Industrral Corporation and Includes all co-signers and co·makers slgnrng the Note,' Deed of Trust The words "Deed of Trusf mean thiS Deed of Trust among Grantor, Lender, and Trustee, and Includes Without IImrtatlOn all assignment and secunty Interest proVISionS relating to the Personal Property and Rents Default The word "DefauH" means the Default set forth In thIS Deed of Trust In the seebon tltted "Default" EnVironmental Laws The words "EnVironmental Laws' mean any and all state, federal and local statutes, regulatIons and ordinances relatrng to the protection of human health or the environment, Including Without hmitabon the ComprehenSIVe EnVironmental Response, Compensatron, and Llabllrty Act of 1980, as amended, 42 USC Section 9601, et seq ("CERCLA'), theSuperlund Amendments and ReauthorrzanonAct of 1986. Pub L No 99·499 ("SARA'), the Hazardous Matenals Transportation Act, 49 USC Section 1801, et seq, the Resource ConservatIOn arid Recovery Act, 42 USC SectIon 6901, et seq, or other applicable state or federallaws,rules, or regulallons adopted pursuant thereto ' Event of Default The words 'Event of Default' mean any of the events of default set forth In thiS Deed 01 Trust In the events of default section of thiS Deed of Trust existing Indebtedness The words 'existing Indebtedness" mean the Indebtedness descnbed In the EXIsting Liens .'~ .' provISIOn of thIS Deed of Trust DEED OF TRUST (Continued) Grantor The word "Grantor" means Steven 8 . Altnnger and Ronald ~ Furrer 20040811000453.011 Page 11 Guarantor The word "Guarantor' means any guarantor, suretY, or accommodation party of any or all of the ~ Indebtedness Guaranty The word "Guaranty" means the guaranty from Guarantor to Lender, includIng wIthout limItatIon a guaranty of all or part of the Note • Hazardous Substances The words "Hazardous Substances' mean matenals that, be.cause of theIr quantity, concentratIon or phYSICal, chemICal or InfectIOUS characterIStiCS, may cause or pose a present or potential hazard to human health or .the enVIronment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwISe handled The ·words "Hazardous Substances' are used In their very broadest sense and mclude without limitation any and all hazardous or toXIC substances, matenals or waste as defined by or lISted under the Envlronmenlal Laws Tne term 'Hazardous Substances" also Includes, WIthout limitatIon, petroleum and petroleum by-products or any fraellon thereof and asbestos Improvements The word "Improvemen1s" means all eXISting and futtlre Improvements, buddlngs, structures, rrIOblle homes affIXed on the Real Property, facilities, addItIons, replacements and other construction on the Real Property Indebtedness The word 'Indebtedness" means all pnnclpal, Interest, and Other amounts, costs and expenses payable under the Note or Related Documents, together WIth all renewals of, extensIons of, modifications of, consohdallon~ of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligationS or experlSes Incurred by Trustee or Lender to enforce. Grantor's obligations under thiS Deed of Trust, together with Interest on such amoun1s as provtded In this Deed of Trust SpecifICally, without limitatIOn, Indebtedness ITlCludes all amounts that may be Indirectly secured by the Cross-CollaterallzatlOnprovlSlOn of thiS Deed of Trust Lender. The word "Lender' means Shoreline Bank. Its successors and assigns Note The word "Note" means the PromISSOry Note from Seattle Industnal Corporation to Shoreline Bank dated August . 15, 2001 mthe 8rrIOunt of $600,00000 NonCE TO GRANTOR THE NOTE CONTAINS A VARIABLE INTEREST· RATE . Personal Property The words "Personal Property' mean all eqUipment, IIxtures, and other artICles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property, together With all aocesslOns, parts, and additions to, all replacements of, and all substItutIOns for, any of such property, and together With all ISSues and'prohts thereon and proceeds (including Without limitatIOn all Insurance proceeds and tefunds of premllJms) from any sale or Other dISposItIOn of the Property , Property The word ·Property" means collectively the Real Property and the-Personal Property Real Property. The words "Real Property" mean the real property, mterests and Tights, as further desCribed In thIS Deed of Trust Related Documents The words "Related Documents" mean all promissory notes, credit agreements. loan agreements, environmental agreements, guaranties, secunty agreements, rTIOrtgages. deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter eXISting, executed In connection With the Indebtedness Rents The word "Rents" means all present and future rents, revenues, Income, ISSUes, royalttes, profits, and other benefits denved from the Property Trustee. The word 'Trustee' means Pacdlc Northwest Tille Insurance Company of Washington, Inc, whose mailing address IS 215 Columbia Street, Seattle, WA98104-1511 and any substrtute or successor trustees DEED OF TRUST . (Continued) -\ 20040811000453.012 Page 12 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS • . . ~ GRANTOR INDIVIDUAL ACKNOWLEDGMENT STATEOF -K;~ U!f.sh'1jn :% :_----''");"" I /"l c..r----_ c;, ••••• " :.q IA \, COUNTY OF . f .. ~ . .. ) f' ~y" •••. , COM4;;.~~ 't : iii:' "'k U\~". ()', "n.,' ~O ". •. 1 On this day before me, the underslgnect'Notary Pubhc, personally apPf!'W:SjQ! d. Jdtrm; UIlI~ Ronald S Furrer, personally known to me or proved to me on the baSIS of sabsfactory e~~ b , liitllV tiJsrn~cnbed In and who ex~ed the Deed of Trust, and acknowledged that they signed the De~/,"1Ji •• ~a~elr ~eo • lJ1ntary act and deed, for the ~ses and purposes therem mentlOl1ect ~ " ~ ••••• 2>~'" ~ -.LJ GIV my hand and offiCial seal thIS ..,:, ~ da~ , 20 ~ " :-\""" .... --r..--./ ~ Resldmg at ......-rL "«' ~ 1/ My commiSSion expires ---eJ.7/0S- REQUEST FOR FULL RECONVEYANCE To _________________ ~. Trustee The undersigned IS the legal owner and holder of alllOdebtedness secured by thiS Deed of Trust You are hereby requested, upon payment or aii sums OWIng to you, to reconvey wrthout warranty, to the persons entliied thereio. ihe flghi. iltie and Interest now held by you under the Deed of Trust Dare ___________________ ~~ __ _ BenefiCiary By _________ _ .Its RETURN ADDRESS: ,I Shoreline Bank 16001 Aurora Avenue North Shoreline, WA 98133 DATE: July 27, 2004 Reference # (If apphcable) 170300388 Grantor(s) 1 Altnnger. Steven B Grantee(s) 1. Shorehne Bank 20040811000496.001 Il401"1111111I1 P~CIFIC NU TIT DT 31 00 PAGEtt! OF '12 . :8/11/20&4 68:40 ING COUNTY, WA . DEED OF TRUST AdditIOnal on page __ 2 PacIfic Northwest TItle Company of Washington, Inc, Trustee Legal Descnptlon Ptn of Tract 80, HIllman's Lake Washington Garden of Eden Addition to Seattle No 2, Vol 11;pg. 64 Additional on page 2 Assessor's Tax ParcellD# 334270-0375-03 PI\JWT 51Zg64-5 THIS DEED OF TRUST is dated July 27, 2004. among Steven B. Altringer, who also appears of record as Steven Brent Altringer, as hiS separate estate ("Grantor"); Shoreline Bank, whose maIhng address is 16001 Aurora Avenue North, Shoreline. WA 98133 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Pacific Northwest Title Company of Washington, Inc., whose mailing address Is 215 Columbia Street, Seattle. WA 98104 (referred to below as "Trustee"). . nEED 0FTRUST- :(Contlnued) 20040811000496.002 Page 2, CONVEYANCE AND GRANT For valuable conSIderation, Grantor conveys to Trustee In trust with PC!wer of sale, right , of entry and -pO$$~slOn and fOli the benefit of Lender as BeneficiarY, all of Grantor's right,_ bile, and Inlerest In and to the followmg descnbed real property, together wrth aU eXisting or subsequently erected or afflXed"bulldmgs, Improvements and fixturl3S, all easements, nghts of way, and appurtenances, all water,water rights and ditch fights (mglOOmg stock In Ulilities ,wrthdrtch or,IITIgatlon,nghts), and'all othernghts, royalbes, ~F profits relatmg tonthe real prope.rty,'ln~ludm9 without limitation' _' all minerals, 011; gas, geothermal and Similar matters, (the' Real Property) located In King County, State of Washington: ,_ _ Tract 80, 'C.D., Hillman's Lake, Washington ,Garden of Eden, Additon to 'Seattle No. 2, according to the-plat thereof recorded ,m Volume 11, of Plats, page 64, in King County" Washington;' , , ' , - EXCEPT that portion thereof IYlng',easterly of,a line parallel with,and225 feet'N~esterly of ,the 'easterly line thereof. ' ----, - , The Real Property dnt$, address IS' cOmmonly, known as 3702 Lake Washington: Boulevard, " North~Renton, WA. ~8056.· The Real Prope.r:lY tax identification number is 3342?O:037S·03 CROSS.COLLATeRALIZAnON In addmonto'the Note,thls Deed:of Tr~si secures all obligations, debts and liabilities, plus -' Interest thereon, of Borrower to Lender" or anyone or more of them, as well as all91alms by Lender against Borrower or any one or more of them, whether now eXisting or hereafter ,anslOg, whether relatetl or unrelate<fto the purpose of the Note, ' whether voluntary. or otherwise, whether due or not due, direct OT' Indirect, 'determined or undetermined, absolute or, contingent, liqulClatea or unliqUidated whether Borroweror Grantor may be liable indiVidually or JOintly With others, whetlier obligated as guarantor, surety, accommodation party or otherwISe, and whether recovery, upon such amounts may be or hereafter may become barred by any stqtiJte of limitations, and wHether the -obhgalJOn to repay such amounts may be or Jlsreafter may become otherwise unenforceable' . REVOLVING liNE: OF CREDIT This Deed of Trust 8ecur~ the Indebtedness including, without IImltallon, a revolving hne of cretht,wHh a variable rate of interest, which obligates Lender to make advances to Borrower so long as Borrower complies With all the terms of the Note and the hne of Credit has not been terminated, suspended or cancelled, the Note allows negative amortlutlon Funds may be advanced by [erider, repaid, and subsequently readvanced The unpaid balance ·of the reVOlving line of credit may at certam times be lower than the amount shown -' or zero A zero balance does not termillate the line of credit or terminate Lender's obligation to advance funds to Borrower Therefore, the lien of thiS Deed of Trust Will remain In full, force and effect notwithstanding any zero balance . . Grantor hereby assigns as security to Lender, all of Grantor's nght, title, and Interest In and to all leases, Rents, and profits of the Property This assignment IS recorded In accordance With RCW 65 08 070, the lien created by thiS assignment IS IntEmded to be specific, perfected and choate upon the recording of thIS Deed of Trust Lender grants to Grantor a license to collect the Rents and profits, whIch lICense may be revoked at Lender's option and sJ:lall be automatically revoked upon acceleratIOn - of all or part of the Indebtedness ..' . . " J .... THIS DEED OF TRUST, INCLUDING lliE ASSIGNMENT OF RENT$ AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND '. (9) PERFORMANCE OF ANY AND ALL OBUGATIONS UNDER THIS. DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS .' '. GRANTOR'SREPRESENTAnONS AND WARRANTIES Grantor warrants, that (a) thiS Deed of Tru~t-Is'executed at BorroWer'S request and not at the request of Lender, (b) Grantor has-the full.Power, right, and authonty to enter Into thiS · Deed of TriJst and to hypothecate the Property, (cl the provISIOns of \hIS Deed of Trust do riOt conflict With, or result In Ii default under any agreerrientor other Instrumen-tbmdlng upon Grantor and do not res lilt In a vrolatlon-of any law, regulation, court decree. or order applicable to Grantor, (drGrantor has establIShed adequate means of obtaining from Borrower on'a continuing baSIS Informabon about Borrower's finanCial COndition, and (e) Lender has made no' representation, to. Grantor aboUt Borrower (mcludlng'wrthoutlrmrtatron the.credrtworthrriess of BorrOwer)'" , . '. GRANTOR'S WAIVERS Grantor waIVes all ngh1s or defenses arISing by reason of any 'one acllon" or Raritl-dellc;ency" .Iaw, or any other law whICh may prevent Lender from brInging any action against Grantor, including a claim for defiCiency to the · extent Lender IS otherwISe entrtled to a claim for deflclEmcy, before'-or after Lender's commencement or completion of any foreclosure action, either JudiCially or by exercise of a power 01 sale ' , , .' • " ' · PAYMENT AND PERFORMANCE Except as othelWlse provided In itus, Deed of Trust, BorroWer, shall pay to Lender ,all ,Indebtedness secured by thiS Deed of Trust as ,r! becomes due, and Borrower and Grantor shall. stnctfy perform. all their . respectIVe obligatIons under the Note, thiS Deed of Trust,· and the Related Documents ... . .. . -. ,,~ .' DEED OF TRUST (Contftnued) 20040811000496.003 Page 3 POSSESSION AND MAINTENANCE OF THE PROPERTY Borrower and Grantor agree that Borrower's and Grantor's POSSesSion and use of the Property shall be governed by the foUOWI/lg provISIOns eossesslon and Use. Until the occurrence of an Event of Default, Grantor may (1) remaIn In possessIOn and control of the Property, (2) use, operate or manage the Property, and (3) collect the Rents from the Property (thIS pnvllege IS a license, from Lender to Grantor automatically revoked upon default) The follOWing provIsIons relate to the use of the Property or to other IImrtatlOns on the Property The Real Property IS not used pnnclPally for agncultural purposes Duty to Maintain Grantor shall rnamtam the Property In tenantable COnditIon and promptly perform all . repairs, replacements, and maIntenance necessary to preserve Its value Compliance With environmental Laws Grantor represents and warrants to Lender that (1) Dunng the penod of Grantor's ownershtp of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property, (2) Grantor has no krIOwledgs of, or reason to believe that there has been, except as preVIOusly disclosed to and acknowledged by Lender m wrmng, (a) any breach or VIOlatton of any Enwonmental Laws, (b) any use, generatIOn, manufacture, storage, treatment, dISposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prIOr owners or occupants of the Property, or (c) any actual or threatened Imganonor claims of any kind by any person relatmg to such matters, and (3) Except as preVIOusly disclosed to and acknowledged by Lender In wntIng, (a) nerther Grantor nor any tenant, contractor, agent or other authonzed user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property, and (b) any such activity shall be conducted III compliance with aUapphcable federal, state, and local laws, regulations and ordinances, Includll1g without limitatIOn all Envlronmentar Laws Grantor authonzes Lender and Its agents to enter upon the Property to make such InSpectIOns and tests, at Grantor's expense, as Lender may deem appropnate to determme comphance of the Property With thIS section of the Deed of Trust Any InspectIOns or testS made by Lehder shall be for Lender's purposes onty and shall not be construed to 9reate any responslblhty or liability on the part of Lehder to Grantor or to any other person The representatIOns and warranties contained herein are based on Grantor's due diligence m Investlgatmg the Property for Hazardous Substances Grantor hereby (1) releases and waIVes any future clallTlS agaInSt Lender for Indemnity or contribution In the event Grantor becomes bable for cleanup or other costs under any such laws, and (2) agrees to mdemrufy and hold harmless Lender against any and all cl81ms, losses, habdltles, damages, penalbes, and expenses Which Lender may directly or IndlrecUy sustam or suffer resulting from a breach of thiS section of the Deed of Trust or as a consequence of any use, generatIOn, manufacture, storage, disposal, release or threatened release occumng pnor to Grantor's ownerShip or Interest In the Property, whether or not the same was or should have been'known to Grantor The provISIOns of thIS sectIOn of the Deed of Trust, Includmg the obligation to Indemnify, shall survIVe the payment of the Ihdebtedness and the satlsfaclJon and reconveyance of the hen of thiS Deed of Trust and shall not be affected by Lenders acquISItion of any IIlterest In the Property, whether by foreclosure or otherwise NUIsance, Waste Grantor shall not cause, conduct or permit any nUISance nor commit, permit, or suffer any stnpplng of or waste on or to the Property or any portIOn of the Property Without limiting the generality of the foregoing, Grantor Will not remove, or grant to any other 'party the nght to remove, any timber, minerals (Including oil and gas), coal, clay, scona, soli, gravel or rock products without Lender's pnor wntten consent Removal of Improvements Grantor shall not demolISh or rerrlOve any Improvements from the Real Property without Lender's prIOr wrrtten consent As a CondItIOn to the reTrlOval of any Improvements, Lender may requITe Granlor to make arrangements satisfactory to Lender to replace such Improvements With Improvements of at least equal value Lender's Right to Enter. Lander and Lender's agents and representatives may enter upon the Real Property alall reasonable times to attend to Lernil~r's mterests and to IflSpect the Real Property for purposes of Grantor's compliance with the terms and condmons of thIS Deed of Trust Compliance with Governmental ReqUirements. Grantor shall promptly corr!ply, and shall promptly cause compliance by all agents, tenants or other persons or antmas of every nature whatsoever who rent, lease or othelWlSe use or occupy the Property In any manner, WIth all laws, ordlOances, and regulatIOns; now or hereafter In effect. of all governmental , autho[llles apphcable to the use or occupancy of the Property, Inoludlng without limitation, the Amencans With DISabilities Act Grantor may contest III good faith any such law, ordmance, or regulation and Withhold compliance dunng any proceedmg, IncludlOg appropnate appeals, so long as Grantor has notified Lender In wntlng pnor to dOing so and so long as, In lender's sole opmlon, Lender's Interests 10 the Property are not JeopardIZed Lender may reqUIre Grantor to post adequate security or a surety bond, reasonably salJsfactory to Lender, to protect Lender's mterest Duty to Protect Grantor agrees neither to abandon or leave unattended the Property Grantor shall do all other acts, In addition to those acts set forth above m thiS Section, which from the character and use of the' Property are reasonably necessary to protect and preserve the Property DUE ON SALE -CONSENT BY LENDER., Lender may, at Lender's opllon, (A) declare Immediately due and payable all sums secured by thiS Deed of Trust or (8) Increase the Interest rate prOVided for In the Note or other docUment eVidenCing the Indebtedness and Impose such other condItIOns as Lender deems appropnate, upon the sale or transfer, wrthout Lender's , :20040811000496.004 DeEOOF TRUST' (Continu~d) prior wntten consent, of all or any' part of ' the Real PropertY, or 'any IntereSt In the Real Property A "sale or transfer" means the conveyance of Real Property or any nght, bile or Interest In the Real Property, whether legal, beneficial or eqUitable, whether voluntary or Involuntary, whether by outnght sale, deed, lristallment sale contract, land contract, contract for deed, leasehold, interest wrth a term greater than three (3) years, lease,:opbon contract, or by sale, assignment, 'or transfer of any beneflcla,l II1terest In or to any land trust'holdll1g title to the Real Property, or by any other method of conveyance of an Interest In the Real Property If any, Grantons a eorporatlon" partnershiP or hmrtetflrablbty company, transfer also InCludes any change In ownership of mora than twenty-five percent (25%) of the votrng stock, partnership Interests, orllmrted liability cOl1)pany : intereSts, as the case rrlBy be, of> such Grantor However, thIS optIon shall not be exercised by Lender If' such exercise IS ' prohrbJted by federaJlaw or,byVo,iashlngton law TAXES AND LIENS ,The follOWing provisions relattng .to the taxes and liens, on the PropertY are part of , this Peed of Trust 'PaYment 'Grantor shall pay' when due (and u;allevents imor todehnquEmcy) all taxes, special taxes, .assessments, charges (lncludln!:) water and sewer), fines anc!lmpo:;;rtJons leVied, against or on account of 1I1e Property, and s~" pay when due all claims for work, done on or for services rendered or matenal furnished to the Property Grantor shall , malfltain the -Property free o( all hens haVing Rnorlty over or equal to 1I1e' Interesr of Lender und,erthls Deed of Trust, excapt'fort\1e hen of taXes 'and assessments, not due, except for the Existtng Indebtedness referred to below, and'except as otherwiseprovrded in thIS Deed of Trust '.': -, " ." ,J, ',' ' Ri9h~ to ~ntest Grantor may' WIthhold; payrrient ,of any tax, assessment, orclal~ In connectlo~ '~lIth a good faith ' diSpute' over 1I1e .obligatron to pay, so long as Lenders Interest In the Property IS not Jeopardrzed If a hen anses or is, filed as a,result of,nonpayment, Gran;orshall wrthlnflft~n(15) days after1l1e henansas or; If a hen IS filed, wrthlnflfteen (15) aaYs after Grantor has nobce of 1I1e flhng, secure the discharge of the hen,onf requested by Lender, deposit WIth ' Lender cash or a sujflclent corporate surety bond or other security satISfactory to, Lender In anarnount sufhclent to dIScharge the h~ plus any costs and attomeys' fees, or other charges that couldaecrue as 'a result of a f9reclosureor sale under the lien In any contest, Grantor shall defend lIself and Lender and shallsat,lsfy any'adverseJudgmimt before enforcement against the Property Grantor shall name Lender as an addrtJonal obligee under any surety bond furnished , In the contest proceechngs ' , ' , , ' EVidence of Pilyment Grantor shaH upon. demand fumlsh to Lender salrsfactory eVidence bj payment of the taxes or assessments and shall authorize the appropnate govemmental olflclal to deliver to Lender at arty time a wntten statement of the taxes and assessments against ~he Property , ' , , Notice of Construction Grantor shall notify Lender at least fifteen (15) days before any work IS commenced, any servICes are fumlshed, or any matenals are supplied to the Property, If any mechaniC'S lien, matenalman's lien, or other hen could be asserted on aocount of the Work, services, or materials Grantor, win upon request of 'Lender furnish to Lender advance assurances satISfactory to Lender that Grantor can and Will pay the cost of such Improvements PROPERTY DAMAGE INSURANCE The folloWing proVISIOns relating tOlnsunng the' Property are a part of thiS Deed of Trust ' , Maintenance of Insurance Grantor shall procure and maintain poliCies of fire Insurance with standard extended' coverage endorsements on a fair value basiS for the full Insurable value covenng aU Improvements on the Real Property , In an,amount suffiCient to aVOid application of any cOinsurance clause, and With a standard mortgagee ciause'ln favor of Lender Grantor shall also procure and maintain oomprehenslve general lIabllrty Insurance In such coverage amounts as lender may request wrth Trustee and Lerider being named as addruonal Insureds In suchllabdrty Insurance poliCies AddrtJonally, Grantor shall malntaln'suoh 01l1er Insurance, Inoludlngbut:not limited to hazard, buslnesslnterrupllon, and boiler msurance, as Lender may'reasonably requITe PoliCies shall be Written In form, a'l1ounts, coverages and baSIS reasonably acceptable to Lender and Issued bya company or companies ,reasonably acceptable to, Lender Grantor, upOn requesf of Lender, wdl deliver to lender from tlma, to ttme the policies' or certificates of Insurance 111 form <, satisfactory to Lender, Including stlpulattons that coverages WIll not be cancelled or dllTlInlsryed Without at least thirty' (30) days prior wntten notice to Lender Each Insurance policy also shall Include an endorsement providing that' coverage In . . favor of Lender Will not be Impaired In any way by any act, omiSSion or default of Grantor or any otherperson Should , the ReaJProperty be located In an area designated by the Director of the Federal.Emergency Management Agency ,as ,C speeliil, flOod hazard arE1a, GrantOr, agrees to obtain and mamtaln Federal Flixxflnsurance. ~,avallable;, Within' 45 days after nobci'elS given by Lender that the Property IS .Ioeatedln a special flood hazard area, for the full unpaid pnnclPal ' baiarx;e 01-1I1e loan and any pnor liens on the propertY secunng the loan, up to the maximum polICy limits set under the' Nattonal Flood,lnsuranoe Program,or as otherwise reqUired by Ll;1nder,and to maintain such Insurance for the ,terril of the loan ' ", Application of Proceeds Grantor shall promptly notify Lender of any loss or damage to the Property Lender ,may " make proof of loss If Grantor fads' to do so within fifteen (15) days of 1I1e casualty Whether or not Lender's secuilty IS , Impaired, Lender may, at Lender's electIOn, receIVe and retain the proceeds of any Insurance and apply the proce~ds to ',1111;1 red,ucbon of the Indebtedness, payment' of any hen'affectmg' the Property;, or ,the restoration and'repalr of the Property If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satrsfactory to Lender Ll;1nder shall, upon satIsfactory proof of such expenditure, payor reimburse Grantor from the proceeds for the reasonable cost of repair ouestoration If Grantor IS' not In 'default ",'" DEED OF TRUST (Continued) 20040811000496.005 Page 5 under thiS Deed of Trust Ally proceeds which have not been dISbursed wrthlll 180 days after their receipt and which Lender has not commrtted to the repair or _restoralion of the Property shall be used first to pay any amount OWing to lender under thIS Deed of Trust, then to pay accrued Interest, and the remainder, If any, shall be applied to the pnnclpal --blilanceoftfielftOebledness-If lender-holds--any-proceeds-after payment-an -fullof-the-lndebtedRes6,-Such-proceeds-----. shall be paid without Interest to Grantor as Grantor's Interests may appear Compliance with existing Indebtedness Dunng the penod In which any ExISting Indebtedness descnbed below IS In effect, compliance WIth the Insurance prOVISions contained In the Instrument eVidencing such Exlstang Indebtedness shall constrtute compliance wrth the InSurance proVISions under thIS Deed of Trust, to the extent compliance with the.terms of thIS Deed of Trust would consbtute 8 dupllcatlOll of Insurance reqUirement If any proceeds from the Insurance become payable on loss, the proviSions In thiS Deed, of Trust for dMSlon of proceeds shall apply only to that pol1lon of the proceeds not payable to the holder of the Existing Indebtedness Grantor's Report on Insurance Upon request of lender, however not more than once a year, Grantor shall fumlSh to Lander a report on each eXJSbng policy of Insurance shoWing (1) the name of the Insurer, (2) the nsks Insured, (3) the amount of the, policy, (4) the property InSUred, the then current replacement value of such property, and the manner of determlnlll9 that value, and (5) the expiration date of the polICY Grantor shall, upon request of Lender, have an Independent appfalSer satisfactory to Lender determine the cash value replacement cost of the Property LENDER'S EXPENDITURES -If any action or proceedmg IS commenced that would matenally ~ffect Lender's Interest In the Property or If Grantor fads to comply WIth any proVISion of thIS Deed of Trust or any Related Documents, including but not limited to Grantor's failure to comply wrth any obhgabon to malntam ExISting tndebtedness In good standing as reqUired below, or to discharge or pay when due any amounts Grantor IS required to discharge or pay under thIS Deed of Trust or any Related Documents, lender on Grantor's behalf may (but shall not bEt obligated to) take any actlOR that Lender deems appropnate, Including but not limIted to dIScharging or paying all taxes, hens, secunty Interests, encumbrances and other cl81rns, at any tlme leVied or placed on the Property and paYing all costs for Insunng, maintaining and preserving the Property All such expendItUres Incurred or paid by Lender for such purposes will then beiu Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor All such expenses will become a part of the Indebtedness and, at Lender's option, wdl (A) be payable on demand, (6) be added to the balance of the Note and be apportioned among and be payable WIth any mstaIlment payments to become due dunng either (1) the term of any . apphcable Insurance polICy, or (2) the remaining term of the Note, or (e) be treated as a balloon payment which will be due and payable at the Note's matunty The Deed of Trust also will secure payment of these amounts Such nght shall be In addition to all other nghts and remedies 19 whICh Lender may be entitled upon Default WARRANTY, DEFENSE OF mLE The follOWing provISIOns relaling to ownership of the Property an~"a part of thiS Deed of Trust ' TItle. Grantor warrants that (8) Grantor holds good and marketable trtle of record to the Property In fee Simple, free and clear of all liens and encumbrances other than those set forth In the Real Property deSCription or In the ExlslIng Indebtedness seetlon below or In any trtle InSurance polley, btle report, or final trtIe opinIOn ISSUed In lavor of, and ' accepted by, Lender In connecbon wrth thIS Deed of Trust, and (b) Grantor has the full right, power. and authonty to execute and deliver thIS Deed of Trust to Lender Defense of TIUe Subject to the exceptlOllln the paragraph above, Grantor warrants and will forever defend the tl1le to the Property agaJJlSt the lawful claims of all persons In the event any aebon or proceeding IS commenced that questIOns Grantor's title or the Interest of Trustee or Lender under thiS Deed of Trust, Grantor shall defend the actIOn at Grantor's expense Gnmtor may be the nominal party In such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented In the proceeding by counsel of Lender's own chOICe, and Grantor WIll deliver, Of cause to be delIVered, to Lender such UlStruments as Lender may req~t frombme to tune to permit such partlClpatton Comphance With Laws. Grantor warrants 'that the Property and Grantor's use of the Property compiles wrth aU eXISting appItcable laws, ordinances, and regulatIonS of govemmental authontles Survival of Representations and Warranties All representatlons, warranties, and agreements made by Grantor In thiS Deed of Trust shall SUfVJve the executton and delIVery of thIS Deed of Trust, shall be contlnulll9 In nature, and shall remain In fun force and effect unbl such ume as Borrower's Indebtedness shall be paid In full EXISTING INDEBTEDNESS. The follOWIng proVISlOOs concerrung ExlSbng Indebtedness are a part of thIS Deed of Trust Existing LIen, The han of thiS Deed of Trust secunng the Indebtedness may be secondary and Infenor to an eXISting hen Grantor expressly covenants and agrees to pay, or see to the payment of, the ExIsting Indebtedness and to prevent any default on' such Indebtedness, any default under the Instruments eVidenCing such IRdebtedness, or any default under any secunty documents for such Indebtedness No ModificatIon Grantor shall not enter lAto any agreement WIth the holder of any mortgage, deed of trust, or other secunty agreement which has pnonty over thIS Deed of Trust by which that agreement IS modifIed, amended, extended, or renewed wrthout the prior wntten consent of Lender Grantor shall neither request nor accept any future advances under any such secunty agreement wrthout the pnor written consent of Lender DEED OF TRUST (Continued) 20040811000496.006 Page 6 CONDEMNAnON The follOWIng prOVJSKlfls relating to condemnation proceedings are a part of thiS Deed of Trust Proceedmgs. If any proceeding In condemnation IS filed. Grantor shall promptly notify Lender In wntmg. and Grantor shall promptly take such steps as may be necessary to defend lM_ actIOn and obtain the award Grantor may be the nominal party In such proceeding. but lender shall be entrtled to partiCipate In the proceeding and to be represented In ~ the proceeding by counsel of ItS own chOICe all at Grantor's expense. and Grantor will delIVer or cause to be delIVered to Lender such IllStruments and documentatIOn as may be requested by lender from time to time to permit such parbClpatKlfl Application of Net Proceeds If an or any part of the Property IS condemned by emment domam proceedmgs or by any proceeding or purchase In lieu of condemnatIOn. lender may at ItS election require that all or any portIOn of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property -The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees Incurred by Trustee or lender In connectKlfl with the condemnation -- IMPOSITION OF TAXES, FEES AND CHARGES BY-GOVERNMENTAL AUTHORITIES The follOWing prOVISIOns relating to governmental taxes. fees and charges are a part of thIS Deed of Trust Current Taxes, Fees and Charges Upon request by lender. Grantor shall execute such documents In addition to thIS Deed of Trust and take whatever other action IS requested by Lender to pertect and conbnue Lender's hen on the Real Property Grantor shan rellTlburse Lender for all taxes, as descnbed below. together with all expenses IrlCurred In recording, perfecting or continuing thiS Deed of Trust. Including wlthqut limitation all taxes. fees. documentary stamps. and other charges for recording or reglstenng thiS Deed of Trust Taxes The follOWing shall constitute taxes to which thIS section applies (1) a specifiC tax upon thIS type of Deed of Trust or uPon all or any part of the Indebtedness secured by thIS Deed of Trust. (2) a specifIC tax on Borrower which Borrower IS authonzed or required to deduct from payments on the Indebtedness secured by thiS type of Deed of Trust. (3) a tax on thIS type of Deed of Trust chargeable against the Lender or the holder of the Note. and (4) a specifIC tax on all or any portion of the Indebtedness or on. payments of pnnclpal and Interest made by Borrower Subsequent Taxes If any tax to which thiS section applies IS enacted subsequent to the date of thiS Deed of Trust. thiS event shall have the same effect as an Event of Default. and lender may exercise any or all of Its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before It becomes delinquent, or (2) contests· the tax as proVided above In the Taxes and liens section and depOSits With Lender cash or a suillClenl corporate surety bond or other security satISfactory to Lender SECURITY AGREEMENT, ANANCING STATEMENTS The foHowlng prOVISions relating to thiS Deed of Trust as a secunty agreement are a part of thiS Deed of Trust Security Agreement ThiS Instrument shall constitute a Security Agreement to the extent any of the Property constitutes flxtureJS. and Lender shall have all of the nghts of a secured party under the Uniform Commercial Code a~ amended from trme to time Security Interest Upon request by lender. Grantor shall taka whatever acllOn IS requested by Lender to perfect and continue lender's security Interest In the Rents and Personal Property In addlllon to recording thiS Deed of Trust In the real property records. Lender may, at any time and without further authonzatlon from Grantor. file executed counterparts, COPies or reproductions of 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 not remove. sever or detach the Personal Property from the Property Upon default. Grantor shall assemble any Persoflal Property not affixed to the Property In a manner and at a place reasonably convenient to Grantor and Lender and make rt available to Lender Within three (3) days after receipt of wrrtten demand from Lender to the extent permrtted by applicable law Addresses The malhng addresses of Grantor (debtor) -and Lender (secured party) from which Information concemlng the secunty Interest granted by thIS Deed of Trust may be obtained (each as reqUired by the Uniform CommerCial Code) are as stated on the first page of thiS Dead of Trust - FURTHER ASSURANCES, ATTORNEY-IN-FACT The follOWing provisIOns relallng to further assurances and attomeY-ln-fact are a part of thIS Deed of Trust Further Assurances At any time. and from time to time. upon request of Lender, Grantor will make, execute and deliver. or will cause to be made. executed or delIVered. to Lender or to lender's deSignee. and when requested by lender, cause to be fded, recorded. raffled, or rerecorded, as the case may be. at such times and In such offICes and places as Lender may deem appropnate. any and aU such mortgages. deeds of trust. secunty deeds. secUrity agreements. finanCing statements. contmuatlon statements. Instruments of further assurance. certificates, and other documents as may, In the sole opinIOn of Lender,be necessary or deSirable In order to effectuate. complete. perfect, continue. or preserve (1) Borrower's and Grantor's obligations under the Note. thiS Deed (jf Trust. and the Related Documents. and (2) the liens and secunty Interests created by thIS Deed of Trust on the Property. whether now owned or hereafter acqUired by Grantor Unless prohlblted by law or Lender agrees to the contrary In WTltlng, Grantor shall rermburse lender for all costs and expenses Incurred In connectIOn With the matters referred to m thiS paragraph DEED OF TRUST (Continued) 20040811000496.007. Page 7 Attorney-In-Fact If Grantor falls to do any of the thIngs referred to In the precedIng paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense For such purposes, Grantor hereby Irrevocab!yappolnts Lender as Grantor's attomey-m-fact for the purpose of maklllQ, executlllg, debvenng, fdlng, recordIng, and dOIng all other things as may be necessary or desIrable, III Lender's sole OPllllon, to accomplish the matters ";)ferred to In the precedIng paragraph FULL PERFORMANCE If Borrower pays all the Indebtedness when due, and otherwIse performs all the obhgatlons Imposed upon Grantor under thiS Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of terminatIOn of any flnanclllg statement on file eVldencmg lender's secunty Interest III the Rents and the Personal Property Any reconveyance fee shall be paid by Grantor. If permrtted by applicable law The grantee III any reconveyance may be descnbed as the "person or persons legally entitled thereto", and the recrtals In the reconveyance of any matters or facts shall be conclUSIVe proof of the truthfulness of any such matters or facts . EVENTS OF DEFAULT Each of the follOWing, at Lender's Optlon. shall constltute an Event of Default under 1I11S Deed of Trust Payment Default Borrower fads to make any payment when due under the Indebtedness Other Defaults. Borrower or Grantor fads to comply with or to perform any other term. obligation, covenant or condrtJOn contaIned III thIS Deed of Trust or rn any of the Related Documents or to comply with or to perform any term, obligation, covenant or condrtlOn contained III any other agreement between Lender and Borrower. or Grantor Compliance Default Failure to comply WIth any other term, oblIgatIOn, covenant or condillon ContaIned III thiS Deed of Trust. the Note or In any of the Related Documents Default on Other Payments. Failure of Grantor wrttlln the lime requIred by thIS Deed of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent flhng of or to effect discharge of any hen Default.rn Favor of Third Parties Should Borrower or any Grantor defaUlt under any loan, extensIOn of credIt, securrty agreement, purchase or sales agreement, or any 01l1er agreement, In favor of any other creditor or person that may materially affect any of Grantor's property or Borrower's or any Grantor's ability to repay 1I1e Indebtedness or perform their respectrve obIrgatrons under thiS Deed of Trust or any of the Related Documents False Statements Any warranty,. representatron or statement made or fumlShed to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf uooer thIS Deed of Trust or the Related Documents IS false or mISleadIng In any matena! respect, either now or at the time made or furntshed or becomes false or mlsleadmg at any time thereafter . , Defective Collaterallzatlon This Deed of Trust or any of the Related Documents ceases to be In full force and effect (Including fallure of any collateral document to create a ValId and perfected security Interest or hen) at any lime and for any reason Death or Insolvency. The dISsolutIOn or termlnatlOl1 of Borrower's or Grantor's eXIstence as a goIng buslness,the msolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the beneftl of credrtors. any type of creditor workout, or the commencement of any proceedIng under any bankruptcy or Insolvency laws by or agalllSt Borrower·or Grantor Credrtor or Forferture ProceedlOgs Commencement of foreclosure or forfeiture proceedings, whether by )udlClBl proceedIng, self-help, repossessIOn or any other me1l1od, by any creditor of Borrower or Grantor or by any governmental agency against any property secunng the Indebtedness Tlus Includes a garrushment of any of Borrower's or Grantor's accounts, Includmg deposit accounts, with Lender However, ttus Event of Default shall not apply 11 there IS a good faith dISpute by Borrower or Grantor as to the Valldrty or reasonableness of the clarrn which IS the baSIS of the credtlor or forferture proceedmg and If Borrower or Grantor grves Lender wntten notICe of 1I1e creditor or forfeiture proceedIng and deposits wilh Lender mOnies or a surety bond for the creditor or forlerture proceeding, In an amount determined by Lender, In Its sole dIScretion, as being an adequate reserve or bond for the dispute Breach of Other Agreement Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that IS not remedIed within any grace penod prOVided therem, Including without hmrtabon any agreement concerning any tndebtedness or other obligatIon of Borrower or Grantor to Lender, whether eXISting now or later Events Affecttng Guarantor Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent. or revokes or dISputes the validity of, or liabIlity under, any Guaranty of the Indebtedness In 1I1e event of a death, Lender. at ns optton, may, but shall not be reqUired to, permrt the Guarantor's estate to assume uncondrtlonally the obligatlons arising under the guaranty 10 a manner satISfactory to Lender, and, III domg so, cure any Event of Default Adverse Change. A matenal adverse change occurs In Borrower's or Grantor's flnancral condltlOli, or Lender believes 1I1e prospect of payment or performance of the Indebtedness IS Impaired ,'';-.' DEED OF TRUST (Continued) . Insecurity . Lender In good faith beheves 'ltSeH Insecure" . . 20040811000496.008 Page.8 EXIstln9 Indebtedn~s Thepayment of any IOstailment of pnncipal or any Interest o~ the EXISting Indebtedness IS not made wlthm the tme required by. the promissory note evid~nclng such. Indebtedness, or a default occurs under the. Instrument secunng such Indebtedness and 1$ not cured dunhg any applicable grace penod In such Instrument, or any" SUit or other aobon 1$ cominenced to foreclose any eXisting hen on the Property " ' " Rlg~tto qure . If anY default, other than' adefa~tlOpaYJTIenfiS curctble ~nd If Grant~r has n~t been g~en a nObcea! ~ breach of the same prOVISIOn of thiS Deed of Trust Wlthl1lthe preceding twelve'(12) months. It may be cured If Grantor, after recBlVlngwnlten notICe from LeOderdemandlng cure of such defaulk (1) ,cures the default w,lthln thirty (30) days/ or (2) If the cure reqUireS more than thirty (30) days, Immediately Initiates steps which Lender deems In Lender's sole dlscretlOr1to,be suffICient to cure the default and thereafter.conttnues and completes all reasonable and necessary steps suffIcient to produce compliance as soon as reasonably practIcal ' , ,RIGHTS AND'REMEDIES ON DEFAULT .If an Event of Default bccurs under tI1lS Deed of Trust. at'any time th,ereafter. Trustee or Leilderrilay exerclseahy one or more of the follOWing nghis aop remedies . :, ,. ElectlO~ of Remedies, Election by Lender top~rsue any reinedyshall not exclude purSUit of any other remedy, and .an , " election .to make expenditures or tOtaK~ actIon to perform' an obllgabonof Grantor under thIS Deed of Trust, after , Grantor's fadure to perform, shall not affect Lender's TIght to declare a default and exercise Its remedies 'Accelerate Indebtedness Lender Shallhav~the nght ~iltsoptiqn to declare the' enlire IndebtedneSs Immediately due arJdpayable. includIng any prepaymenfpenanY which BOrrower would'~ requITed to pay ""',' .. Foreclosure With respect !Oall or any 'part of the Real Property, the. Trustee shall have the right to exerCISe Its powerof sale. and to foreclose by notice and sale, and Lender shall have the nght to foreclose by Judicial foreClosure, In .either' case In accordance wrth.and to the full extent provided by applicable law ' ucc Remedies. wrtti respect to all or any part of the Personal property, ,Lender shall have all the fights and remedies, of a secured party under the Uniform CommerCial Code ' . . . Collect Rent~ , Lender shall have the fight,' WIthout notICe to Borrower or Grantor to take posseSsion ~f and manage the Property and.collect the Rents, IncluciJng amounts past due and unpaid, and apply the net proceeds, over and above Lender's cOsts, against the Indebtedness In furtherance of thiS right, ll~nder may reqUire any tenant or other user of tt]e Property to make payments of rent or use fees directly to. Lender ,If the Rents are c9l1ected by Lender. then Grantor Irrevocably deslgTlateS Lender as 'Grantor's attorneY-ill-fact to endorse Instruments received In p,aymenttliereof In the name of Grantor and to negotiate the same. and collect ,the proceeds Payments by tenants ;or other users to Lender In resppnse to Lender's demand shall satISfy the obligatIOns for whICh the paym~ts are, made, whether or not any proper. grounds for the demarJd eXIsted Lender may exercIse Its fights under thiS subparagraph either In person. by agent. or . . through a: receIVer Appoint ReceIVer Lender shall have the nght to have a receIVer appointed to take possessIOn of all or any part oj the Property, wrth the power to protect and preserve the PropertY, to operate the Property preceding or pending foreclosure " or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership,' against the Indebtedness The receIVer may serve Without bOnd If permItted by law Lender's fight to the appolntnient of a receiver shall eXist whether or not the apparent value of the Property. exceeds the Indebtedness by a substantial ant?unt· Employment by Lender shall not dISqUalIfy a person from serving as a receiver . , Tenancy at Sufferance If Grantor remaIns In possession of the 'Property after the Property IS sold as proVIded above or Lender otherv.;'se becomes enbtled to possession 01 the Property upon default of. Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, ~t Lender's option, either (1) pay a reasonable rental for the use of the Property, or, (2) vacate the Property Immediately upon the deman51 of Lerider Other Remedle~ Trustee or, Lender shall have any other right or remedYPTcWldedln thtS Deed of Trust orthe,Note or " ~. ' . Notice of Sale LendetshrulglVe Grantor reasonable notice of the time and place of any ,PUbliC sale of .. the Personal, Property or of the broe after whICh any private sale or othersntended diSpoSItIon oj the Personal Property'ls to be made' ,'ReasoTlable nobce shall mean nolice. gIVen at least ten:{10) day? before the time of the saie or dispoSitIOn Any sale 'of the Personal Property' may be'made In conJunction y,tIth any sale of the Real. Property " '. .• " '. Sale of the PropertY To the extent permitted by appliCable law, Borrower and Grantor hereby waives any and all fights to have the Property marshalled In exercISing Its nghts 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'sales Lender shall be entitled to bid at any public sale on all or any portIOn of the Property . Attorneys' Fees, eXpenses .If Lender InstituteS any suit or acbon to enforce any 01 the terms of UilsOeed of Trusi. Lender shall be entrtled to recover such sum as the court may adjudge reasonable as attorneys' fees at tnal and upon any appeal Whether or not any court aclion IS Involved, and to the extent not prohIbited by law, all reasonable expenses Lender Incutsthat In Lel)der's opinIOn' are necessary' at . any . time for the protection of Its Interest or the DEED OF TRUST (Continued) 20040811000496.009 Page 9 enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of the expenditure unbl repaid Expenses covered by thIS paragraph Inctude, Without limitation, however subject to any IIrmts under appbcable law, Lender's attomeys' fees and Lender's legal expenses, whether or not there IS a lawsUIt, Including attameys' fees and expenses for bankruptcy proceedings. (Including efforts to modify or vacate any automatic stay or injunctIOn), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining bile reports (Including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the Trustee, to the extent permrtted by applicable law Grantor also Will pay any court costs, In addition to all other sums pt'OVlded by law RIghts of Trustee Trustee shall have all of the nghts and dUtIes of Lender as set forth In thIS sectIOn POWERS AND OBUGATIONS OF TRUSTEE The follOWing provIsions relating to the powers and obllgaltons of Trustee (pursuant to Lender's InstrucllOns) are part of thIS Deed of Trust Powers of Trustee In addtllon to all powers of Trustee anslllg as a matter of law, Trustee shall have the power to take the follOWIng actIOnS WIth respect to the Property upon the written request of Lender and Grantor (a) JOin In prepanng and fdlng a map or plat of the Real Property, IncludIng the dedIcatIOn of streets or other nghts to the public, (b) JOIn In grantlllg any easement or creatlllg any restnctlOn on the Real Property, and (c) lOin In any subordination or other agreement affectrng thiS Deed of Trust or the Interest of Lender under thiS Deed of Trust ObligatIons to Notify. Trustee shall not be obligated to notify any other party of a pendmg sale under any other trust deed or hen, or of any action or proceeding In whIch Grantor, Lender, or Trustee shall be a party, unless required by_ applicable law, or unless the action or proceeding IS brought by Trustee Trustee Trustee shall meet all qualrf1callons requrred for Trustee under applicable law In addrtlon to the nghts and remedies set forth above, WIth respect to all or any part 01 the Property, the Trustee shall have the nght to foreclose by nollCe and sale, and Lender shall have the light to foreclose by JudiCIal foreclosure, In either case In accordance with and to the full extent provided by applicable law Successor Trustee Lender, at lender'S Option, may from time to time apPOint a successor Trustee to any Trustee appOInted under thiS Oeed of Trust by an InStrument executed and acknowledged by Lender and recorded In the offICe of the recorder of KIng County, State of Washington The mstrumant shall contain, In addItIOn to all other matters requIred by state law, the names of the onglllal Lender, Trustee, and Grantor, the book and page or the Auditor's File Number where thIS Deed of Trust IS recorded, and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by Lender or ItS successors In Interest The successor trustee, wrthout conveyance of the Property, shall succeed to all the tlUe, power, and duties conferred upon the Trustee In thiS Deed of Trust and by applicable law This procedure for subsbtubon of Trustee shall govern to the exclUSIOn of all other proVISIOns for substitUtIon NOTICES Subject to applicable law, and except for notice reqUIred or allowed by law to be given m another manner, any nollce required to be gIVen under thIS Deed of Trust, Inctudlng without IImrtation any notrce of default and any notICe 01 sale shall be gIVen m wntmg. and shall be effectIVe when actually dehvered, when actually received by telefacslmtle (unless otherwISe requIred by law), when deposIted WIth a nationally recognized ovemlght couner, or, If mailed, when depoSited In the Unrted States mall, as flfSt class, certtfled or registered m8l1 postage prepaid, directed to the addresses shown near the begrnntng of thIS Deed of Trust All copies of notices of foreclosure from the holder of any hen which has prlOrtty over thiS Deed of Trust shall be sent to Lender's address, as shown near the beginning of thiS Deed of Trust Any party may change Its address for OOtices under thIS Deed of Trust by gIVIng formal wntten notice to the other partIes, speclfymg that the purpose of the notIce IS to change the party's address For oobce purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address Subject to applICable law, and except tor notice reqUIred or allowed by law to be given In another manner, If there IS more than one Grantor, any notlC9 gIVen by Lender to any Grantor IS deemed to be notice given to all Grantors MISCELLANEOUS PROVISIONS The follOWing mlSC9llaneous prOVISIOns are a part of thiS Deed of Trust Amendments. ThIS Deed of Trust, together With any Related Documents, constrtutes the entire understanding and agreement of the parties as to the matters set forth In thIS Deed of Trust No alteration of or amendment to thIS Deed of Trust shall be effectIVe unless gIVen III wntlllg and SIgned by the party or parties sought to be charged or bound by the alteration or amendment Annual Reports If the Property IS used for purposes other than Grantor's residence, Grantor shall fumlsh to Lender, upon request, a cerbfied statement of net operating Income receIVed from the Property dUTlng Grantor's prevIOus hscal year In such form and detail as Lender shall reqUire 'Net operating Income" shall mean all cash receipts from the Property less all cash expendItUres made In connectIOn WIth the operatton of the Property CaptIon HeadIngs. CaptIOn headmgs In thIS Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the prOVISIons of thiS Oeed of Trust Merger. There shall be no merger of the Interest or estate created by thIS Deed of Trust wrth any other Interest or estate In the Property at any time held by or for the benefit of Lender In any capacity. WIthout the wrrtten consent of Lender .'." DEED OF TRUST (Continued) 20040811000496.010 Page 10 . GoVerning Law This Deed of Trust will be governed by. construed and enforced In accordance with federal law and the laws of the State of Washington ThIS Deed of Trust has been accepted by Lender In the State of WashlOgton JOint and Several Liability AU obligations of Borrower and Grantor under thiS Deed of Trust shall be JOint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every· Borrower nilS means that each Borrower and Grantor slgmng below IS responSible for all obligations In thiS Deed of Trust No Waiver by Lender Lender shall not be deemed to have waived any rights under thIS Deed of Trust unless such waIVer IS gIVen In writing and sIgned by Lender No delay or omiSSIon on the part of Lender In exercIsing any nght shall operate as a WBlV8r of such nght or any other right A waiver by Lender of a provlslOll of thIS Deed of Trust shall not preJudiCE! or oonstrtute a waIVer of Lender's nght otherwise to demand stnct compliance with that provISion or any other provlSlOTl of thIS Deed of Trust No pnor waiver by Lender, nor any course of dealing between Lender and Grantor, shall conshtute a W81VeT of any of Lender'S nghts or of any of Grantor's obligations as to any future transactJons Whenever the consent of Lender IS required under thIS Deed of Trust, the granling of such consent by Lender In any Instance shall not constitute continUing consent to subsequent Instances where such consent IS reqUired and In aU cases such consent may be granted or WIthheld In the sole discretion of Lender . Severability If a court of competent JUrisdIction finds any provISion of thiS Deed of Trust to be Illegal, Invalid. or unenforceable as to any clrcuITIStance, that fmdlng shall not make the offending provIsion Illegal. Invalid, or unenforceable as to any other ClrcuITIStance If feaSible, the offending prOVISion shall be considered modified so that It becomes legal, valid and enforceable If the offending prOVISion cannot be so modified, It shall be cOnsidered deleted . from thIS Deed of Trust Unless otherwise reqUired by law, the dlegalrty, Invalldrty, or unenforceability of any proVfSlOn 01 thIS Deed of Trust shall not affect the Iegalrty, Validity or enforceability of any other prOVISion of thIS Deed· of Trust Successors and ASSigns Subject to any limitatIOns stated In thiS Deed of Trust on transfer of Grantor's Interest, thiS . Deed of Trust shall be binding upon and mure to the benefrt of the partJes, their successors and assigns If ownership of the Property becomes vested In a person other than Grantor, Lender. Without notice to Grantor, may deal With Grantor's successors With reference to thIS Deed of Trust and the Indebtedness by way of forbearance or extension Without releasing Grantor from the obligations of thIS Deed of Trust or lIablirty under the Indebtedness ' Time IS of the Essence Time IS of the essence In the performance o.f thiS Deed of Trust Waiver of Homestead exemption Grantor hereby releases and waives all rights and benefrts of the homestead exemption Jaws of the State of Washington as to aU Indebtedness secured by this Deed of Trust DEFINmON$ The follOWing capitalized words and terms shall.have the folloWing meanrngs when used 10 thiS Deed of Trust Unless specifICally stated to the contrary. all references to dollar amounts shall mean amounts In lawful money of the United States of America Words and teTITIS used In the Singular shall Include the plural, and the plural shall Include the Singular, as the context may reqUire Words and terms not otherwISe defined In thiS Deed of Trust shall have the meanrngs attnbuted to such teTITIS In the Uniform CommerCial Code BenefiCIary The word "Benefrclary" means Shoreline Bank, and ItS successors and assigns Borrower. The word "Borrower' means Seattle Industnal Corporation and Includes all co-slgners ahd co-makers signing the Note . Deed of Trust The words "Deed of Trust' mean thiS Deed of Trust aITlOTlg Grantor, Lender, and Trustee, and Includes without limitatIOn all assignment and securrty Interest prOVISions relating to the Personal Property and Rents Default The word "Default' means the Default set forth In thiS Deed of Trust In the section titled 'Default" EnVironmental Laws The words "EnVironmental Laws" mean any and all state, federal and local·statutes, regulations and ordinances relating to the protectJon of human health or the enVironment, including WIthout limitation the ComprehenSIVe EnVIronmental Response, Compensation, and Llablirty Act of 1980, as amended, 42 U S CSectlon 9601.et seq ("CERCLA'), the Supertund Amendments and ReauthOrization Act of 1986, Pub L No 99:499 ("SARA"), the Hazardous Matenals Transportation Act, 49 USC Section 1601, et seq , the Resource ConservalJon and Recovery Act, 42 USC Section 6901, et seq • or other apphcable state or federal laws, rules, or regulations adopted pursuant thereto Event of Default The words 'Event of Default' mean any of the events of default set forth In thiS Deed of Trust In the events of default secllon of thiS Deed of Trust existing Indebtedness The words "Bostlng Indebtedness" mean the Indebtedness deSCribed In the ExISting liens prOVISion of thIS Deed of Trust Grantor The word "Grantor" means Steven B Allnnger GUarantor The word "Guarantor" means any guarantor, surety, or accommodatIOn party of any or all of the Indebtedness DEED OF TRUST (Continued) 20040811000496.011 Page 11 Guaranty The word "Guaranty" means the guaranty from Guarantor to Lender, mcludlng without Imutatlon a guaranty of all or part of the Note . Hazardous Substances The words "Hazardous Substances" mean matenalsthat, because of their quantity; concentration or phYSical, chemICal or infectIOUS charactenstlCs, may cause or pose a present or ·potenllal hazard to human health or the enVIronment when Improperty used, treated, stored, disposed of, generated, manUfactured, transported or otherwISe handled The words "HazardoUs Substances" are used In their very broadest sense and mctude wrthout hmrtatlon any and all hazardous or toxIC substances, matenals or waste as defined by or listed under the Environmental Laws The term "Hazardous Substances" also Includes, Without limitation, petroleum and petroleum by-products or any fractIOn thereof and asbestos Improvements The word "Improvements" means all eXlstmg and future Improvements, bUildings, structures, mobile homes affixed on the Real Property, faCdltles, addruons, replacements and other construction on the Real Property Indebtedness The word "Indebtedness" means all prmclpaI, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substrtut&ons for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses ITlcurred by Trustee or Lender to enforce Grantor's obligatIOns under thls Deed of Trust, . together with I11terest on such 8!flOunts as provided In thIS Deed of Trust Specifically, without limitatIOn, Indebtedness Includes all ,amounts that may be ITldlrectiy. secured by the Cross-CollateralizatlOn prOVISIOn of thIS Deed of Trust ' " . lender. The word "Lender" means Shoreline Bank, Its successors and asslgris Note The word "Note" means the PromISSory Note from Seattlelndustnal Corporation to Shoreline Bank dated August 15, 2001 In the amount of $600,000 00 NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE Personal Property. The words ·Personal Property" mean all eqUipment, hxtures, and other articles of personal property now or hereafter owned by Grantor, And now or hereafter attached or affixed to the Real Property, together with all accessIOns; parts, and addItIOns to, all replacements of, and all subsbtutlons for, any of such property, and together with all ISSues and profits thereon and proceeds (Including WIthout limitation all Insurance proceeds and refunds of prenuurns) from any sale or other dISposition of the Property Property. The word ·Property" means collectively the Real Property and the Personal Property Real Property, The words "Real Property" mean the real property. Interests and nghts, as further descnbed In thiS Deed of Trust Related Documents The words "Related Documents' mean all promiSSOry notes, credit agreements, loan agreements, environmental agreements, guaranties, secunty agreements, mortgages, deeds of trust, secunty deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter eXlstmg. executed In connectIOn with the Indebtedness Rents The word "Rents" means all present and future rents, revenues, I/lcome, Issues, .royailles, profits, and other benefits denved from the Property Trustee The word "Trustee" means PacifIC Northwest TIOe Company of.Washington, Inc, whose mailing address Is215 Columbia Street, Seattle, WA 98104 and any substrtute or successor trustees GRANTOR ACKNOWLEDGES HAVING READ AU THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR xL:pk~a.~ Steven B. Altnnger ~ DEED OF TRUST (Continued) INDIVIDUAL ACKNOWLEDGMENT STATE OF Wr;. Sh , cs b ) .... __ """ I /~ --04 "\\ COUNTY OF. /<-1. :1 ........... ""11 'I f" -tI .... COMI\1/~·· •• 0" 20040811000496.012 Page 12 . .: ~:l.· "k ~" t, On thIs day before me, the undersIgned Notary PUblIC, personaUY:MJaied ~~ Amfl}!U";lpersonally known to me or proved to me on the baSIS of satISfactory evIdence to be the IndlVl ¢J:I~b I a wh&~~1ied the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as hiS I ~fWe ta~ ~15ajd deed, for the uses and purposes thereIn mentIOned c1l--t -Th"~ (l ... A 1 ~ I GIven under my hand and offiCial seal thIS ...../ /I",~' :Y.'!~. ...... I 20 '-J'f __ \\ :-~ \\ --~; "'ftestdfrig at _~""",,=_'=--=~:a....;. __ _ My commIssion expIres 4h /OS-: REQUEST FOR FULL RECONVEYANCE To ___ -'-___ -'--__________ , Trustee The underSIgned IS the legal owner and holder of all Indebtedness secured by thIS Deed of Trust You are hereby requested, upon payment of all sums oWIng to you, to reconveywrthout warranty, to the persons entrtled theretO, the nght, IIlle and Interest now held by you under the Oeed of Trust Date BenefICIary ________ _ By· __________ __ Its