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HomeMy WebLinkAboutPermit L06-027 - RUTLAND JOHN - DO SHORT PLATHIEP DO SHORT PLAT 4044 S 152 ST L06 -027 LAND DVISION LAND DEVELOPMENT John Rutland Cramer Northwest Inc. 945 N. Central, Ste 104 Kent, WA 98032 RE: Short Plat L06 -027 Dear Mr. Rutland: We have had an opportunity to review in further detail the proposed short plat at 4044 S. 152 °a Street and have the following questions or comments on the design: Planning Department comments: 1. The description of the proposed Lots in the Geotechnical Engineering Study by Liu & Associates, Inc. does not coincide with the Cramer Northwest Plat map. Fire Department comments: • e City of Tukwila Department of Community Development Steve Lancaster, Director 2. A Fire Hydrant, with a minimum flow of 1,000 gallons per minute, is required to be within 250 feet, by line of travel, to the proposed and existing structures. If the fire hydrant is not capable of a 1000 gallon per minute flow the future houses will be required to provide interior sprinklers, to be approved by the Fire Department. This requirement must be stated on the face of the recorded plat, and must be met prior to issuance if any building permits for Lot 1, Lot 2, Lot 3 and Lot 4. Public Works comments: 3. Site is located within Level 2 Detention required area — see enclosed map. Steven M. Mullet, Mayor 4. The Geotechnical Report by Liu & Associates, states that soils for this site are "practically impervious to storm water infiltration ". While the adjusted new impervious surface is less than 10,000 square feet, Level 2 Detention is required. Revise storm drainage report to provide for on -site detention. Revise Civil Plan sheet, to show storm drainage detention system with overflow to the Public system. 5. Provide a draft copy of Private Ingress /Egress & Utility Easement and Maintenance Agreement. This document shall be recorded prior to recording of the Final Short Plat Map, and the Short Plat L06 -027 KD Q: \Short Plats\L06- 027comments.doc 1 06/14/2006 recording number be shown on the Short Plat Map. The Private Ingress /Egress & Utility Easement should include language stating who will maintain the paved area and utilities, and by what portion. 6. Provide a draft copy of Private Storm Water Easement and Maintenance Agreement — (if applicable). This document shall be recorded prior to recording of the Final Short Plat Map, and the recording number be shown on the short plat map. The Private storm water easement and maintenance agreement should include language stating who will maintain the storm drainage area/system and by what portion. 7. Verify if any new houses are to be sprinkled. Show existing and/or proposed Fire Hydrants on Civil Site Plan. Miscellaneous Comments: • • 1. Owner to sign and witnessed by Notary, a SAO Hold Harmless Agreement — see enclosed. Need to sign and record agreement at King County, prior to final short plat approval. (Note that City will need approximately two (2) weeks to process this agreement). 2. All utilities are required to be underground, per City ordinance. 3. The applicant shall apply for Public Works and Building permit approval. 4. Civil site plans shall be designed per City Of Tukwila standards, details, and specifications. 5. An infrastructure design and construction standard manual, is available at the Public Works Department and on the City Web Site. If you have questions with regards to the comments you may contact: Planning Department: Kathryn Devlin, Assistant Planner, 206 433 -7166 Fire Department: Don Tomaso, Fire Marshal, 206 575 -4404 Public Works: Dave McPherson, Development Engineer, 206 431 -2448 Sincerely, (iG A--1/4-N%- Kathyn Devlin Assistant Planner Short Plat L06 -027 KD Q: \Short Plats \L06- 027comments.doc Enclosures: Level 2 Detention Area Map Sensitive Area Covenant and Hold Harmless Agreement 2 06/14/2006 DATE: June 8, 2006 Short Plat — L06 -027 • • MEMORANDUM TO: PLANNING DEPT. — Kathryn Devlin, Assistant Planner 10f FROM: PUBLIC WORKS DEPT. — David McPherson, Development Engineer SUBJECT: Hiep Do — 4 Lot Short Plat 4044 South 152 Street Short Plat and Miscellaneous Comments Preliminary Short Plat does not meet Public Works requirements. The following comments need to be addressed, prior to preliminary short plat approval. 1. Site is located within Level 2 Detention Required area — see enclosed map. 2. The Geotechnical Report by Liu & Associates, states that soils for this site are "practically impervious to stormwater infiltration ". While the adjusted new impervious surface is less than 10,000 s.f., Level 2 Detention is required. Revise storm drainage report to provide for on -site detention. Revise Civil plan sheet, to show storm drainage detention system with overflow to the Public system. 3. Provide a draft copy of Private Ingress/Egress & Utility Easement and Maintenance Agreement (J.U.D.T.). (1) This document shall be recorded prior to recording of the Final Short Plat Map, and the recording number be shown on the short plat map. (2) The Private Ingress/Egress & Utility Easement should include language stating who will maintain the paved area and utilities, and by what portion. 4. Provide a draft copy of Private Storm Water Easement and Maintenance Agreement — (if applicable). (1) This document shall be recorded prior to recording of the Final Short Plat Map, and the recording number be shown on the short plat map. (2) The Private storm water easement and maintenance agreement should include language stating who will maintain the storm drainage area/system and by what portion. 5. Verify, if any new houses are to be sprinkled. Show existing and/or proposed Fire Hydrants on Civil site plan. Prior to Final Short Plat approval, the following needs to be addressed — Short Plat Map 1. Provide note on short plat map, to comply with Geotechnical report by Liu & Associates, Inc., dated October 5, 2005, and subsequent geotechnical reports. Miscellaneous Comments • • 2. Provide note on short plat map that - Individual house foundation and drainage system, shall meet a specific geotechnical assessment, with final design recommendations. 3. Revise proposed legal descriptions to include, (SUBJECT TO (or) TOGETHER WITH AND SUBJECT TO A 24 FOOT EASEMENT FOR INGRESS, EGRESS, AND UTILITIES DESCRIBED HEREIN.), as applicable for each lot. Revise Site Development Plan as part of the Public Works permit approval. 1. Provide note on short plat map, to comply with Geotechnical report by Liu & Associates, Inc., dated October 5, 2005, and subsequent geotechnical reports. 2. Provide note on site development plan that - Individual house foundation and drainage system, shall meet a specific geotechnical assessment, with final design recommendations. 3. Verify, if any new houses are to be sprinkled. Show existing and/or proposed Fire Hydrants on Civil site plan. 4. The Geotechnical Report by Liu & Associates, states that soils for this site are "practically impervious to stormwater infiltration ". While the adjusted new impervious surface is less than 10,000 s.f., Level 2 Detention is required. Revise storm drainage report to provide for on -site detention. Revise Civil plan sheet, to show storm drainage detention system with overflow to the Public system. 1. Owner to sign and witnessed by Notary, a SAO Hold Harmless Agreement — see enclosed. Need to sign and record agreement at King County, prior to final short plat approval. (Note that City will need approximately two (2) weeks to process this agreement). 2. All utilities are required to be underground, per City ordinance. 3. The applicant shall apply for Public Works and Building permit approval. 4. Civil site plans shall be designed per City Of Tukwila standards, details, and specifications. 5. An infrastructure design and construction standard manual, is available at the Public Works Department and on the City Web Site. April 18, 2006 John Rutland 945 N Central Ave #104 Kent WA 98032 RE: Hiep Do Short Plat 4044 So. 152 Street L06 -027 Dear John: Sincerely, Kathryn Devlin Assistant Planner KD Q: \Short Plats \LOb- 027IN('OMPI.F..DO(' +� • NOTICE OF INCOMPLETE APPLICATION Your application for the Hiep Do Short Plat located at 4044 So. 152 Street has been found to be incomplete. In order to be a complete application, the following must be submitted to the permit center: a. Application Checklist (attached). b. 4 Copies (18" X 24 ") plat survey map. c. Notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (attached). d. Legal descriptions of the proposed lots. e. If cutting any trees from the sloped area a tree cutting permit is required. f. A complete set of Civil Plans and analysis, stamped, signed and dated by a licensed professional engineer. Upon receipt of these items, the City will re- review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. This application will expire if we do not receive the complete list of information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). If you have any questions with this matter you may call me at 206 433 -7166. I will be happy to schedule a time to meet with you to discuss the required materials for this application. Project: Hiep Do Short Plat Address: 4044 So. 152 St Date transmitted: May 8, 2006 Response requested by: May 22, 2006 Staff coordinator: Kathryn Devlin Date response received: City of Tukwila Department of Community Development LAND USE PERMIT ROUTING FORM TO: Di Building ❑l Planning I❑I Public Works Fire Dept. �❑ File Number L06 -027 Police Dept. ;❑ Parks /Rec REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) l� 7- ; a oY\ V* Q��.a,;,N Ccoc .S k excess Z50 S fgann low o-rc ,,� c)oo G o- QWI , �,.,; ;. z o' (�,.Q �roQosA '- - Z `kc-Av -c � o O Z� Ad&c -ess 9 s st g y,. -tA. F Q s AA ss L I t 2 -t 3, \ \\ \ ?OS tSZT or " Plan check ate: Comments Update date: SttAAo prepared by: Wit Project: Hiep Do Short Plat RECEIVED Address: 4044 So. 152 St MAY 0 8 z006 Date transmitted: May 8, 2006 Response requested by: May 22, 2006 i UKvviuk PUBLIC WORKS Staff coordinator: Kathryn Devlin Date response received: TO: I❑ Building • City of Tukwila Department of Community Development LAND USE PERMIT ROUTING FORM Planning Public Works CI Fire Dept. L] Police Dept. File Number L06 -027 ❑i Parks /Rec REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) (PA6 I I/ Alf SE-Jott1 PS N A: 4• Plan check date: 0 Sg , - ?VA cH 6.b C oNivv► E .rrf , Comments prepared by: Update date: 4/v/0 Project: Hiep Do Short Plat Address: 4044 So. 152 St Date transmitted: May 8, 2006 Response requested by: May 22, 2006 Staff coordinator: Kathryn Devlin Date response received: TO: ABuilding Planning • • City of Tukwila Department of Community Development Public Works COMMENTS (Attach additional comment sheets and/or support materials as needed.) .141 4/141 - 246 6 File Number L06 -027 LAND USE PERMIT ROUTING FORM Fire Dept. I❑I Police Dept. 0 Parks /Rec REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. 1 Plan check date: rJ —8 'ZOO& Comments prepared by: Update date: May 8, 2006 John Rutland 945 N Central Ave #104 Kent WA 98032 Subject: Hiep Do Short Plat L06 -027 Dear John: Sincerely, Kathryn Devlin Assistant Planner • • NOTICE OF COMPLETE APPLICATION Your application for a 4 lot short plat located at 4044 So. 152 St. is considered complete on 8 May 2006 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. I will be contacting you soon to discuss this project. If you wish to speak to me sooner, feel free to call me at (206) 431 -3670. Page 1 05/08/2006 t. L 1 ":DRAINA'GE ANALYSIS:., • HIEP: DO: SHORT.PLAT 40 S ST TUKWILA, WA 981 FO HiJEP;4D0 . 4044 $1521 ST 'TUKWILA,, WA,98188 ' • � ramer.Northwest, Inc. Surveyors *Planners ..Engineers Nov. 15, 2005 C.N.I. JOB NO. 2005-030 Prepared byLonnie,Cutta Checked by Larry S.' Krueger, P 945 N Ceutral,.Suite #104, "Kent WA 9$032 (253):852 -4880 Fax (253)852' -4955 ' www.cramernw:com..: E- mail: . crii @ License /Seal' (; :'.EXPIRES: • IA/26/2005I R E EI 'APR 0 5 ..umn�u�ymr DEvE4QPftileig ' ; • • TABLE OF CONTENTS I. TASK1 STUDY AREA DEFINITION AND MAPS II. TASK 2 RESOURCE REVIEW III. TASK 3 FIELD INSPECTION IV. TASK 4 DRAINAGE SYSTEM DESCRIPTION AND PROBLEM DESCRIPTIONS V. TASK 5 MITIGATION OF EXISTING OR POTENTIAL PROBLEMS APPENDIX THRESHOLD ASSESSMENT TASK1 STUDY AREA DEFINITION AND MAPS • • TASK 1 STUDY AREA DEFINITION This project is located at 4044 S. 152 St. in Tukwila, WA. It is located in Lots 18 and 19, Block 4, of the First Addition to Adams Home Tracts. The property is approximately .94 acres. The property will be divided_into four residential lots. We propose lots 1 2 and -3_ gain. access_ from_a.20:w.,idepaved_r.oad located in a 24' easement off of S 152 St., while Lot 4will gain access from an existing driveway also off of S. 152 St. The property has two existing homes, of which one will remain, and one will be removed. This property also has 2 gravel driveways, part of which will be removed. It also has 3 sheds, concrete walkways, and a pond which will also be removed. The remainder of the property is covered mostly with grass and trees. The existing site drainage sheet flows from the northwest to the southeast. No significant amounts of upstream flow enter the site. MAPS A vicinity map, sensitive areas map, aerial /topo map, and offsite drainage map can be found in the proceeding pages. • • Vicinity Map b Ll km, 0.% 1, rni 0.21 0.1 i4,72rid-Stf • • -• - sgticeiti..renoomiep.andAtioT.oe. ), • • On Click: s 17.1 lagro , • pPciinti Recenter C Zoom In itilpseti • map output King County iMAP - Sensitive Areas f all themes) ! 1 • F 1 0911 . . 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King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost 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 this map Is prohibited except by written permission of King County. King County 1 GIS Center 1 News 1 Services 1 Comments 1 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. 111+x.- / /'zrr.>A mpfrnier (TM /CPM11 Pf /P(1111 PCri Aeriman Ferimari7Servict eName= nverv1P.Wgrfl - -- 11/11/2005 Map output King County • 'Home • y,service • King County I GIS Center 1 News 1 Services 1 Comments 1 Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. 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' Streams cor.: The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. ling County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost 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 this map is prohibited except buritten permission of King County. iviap vur.puL King County • ore News Services • Comments ^^ e a rc King County 1 GIS Center 1 News 1 Services 1 Comments 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. httn- / /www5 metrnkc anv/ servlet/cnm_esri- esriman.Esriman ?ServiceName= overview &C1... 10/25/2005 4 e,s his i � 80 1 8.8 I t itti, g g ' I 6+"' PI g 1 S 1 1 1 1 13 I lit 1 1[3 ; --iirr 1 I Z or.� U) — 1 i -- SP380�2OR - i J 1 FJ I 4 et Ale 74 ,s4 1 1 1 a � 11 1 1 22 112 1 (1) / $ f ken I , _ 2 h _ Il I 1 d f so 45 i A (2) a r (el I I P 6vu. �l 14J Tee L 11 A A ^ .0 A a g 14426 t r . 17 I $ 20 • Q g 2 g 1� y 20 ▪ (0) • ate a 2 . 14435 W M 1 k 4 N - ai ----coo v) s, sic() (81 , h �� i t . v �(A) i /2M /188 1/6.95 . US 076 i 16 19 4s h ' 118. 35 7z lle.a 2 19 3 18 170.8 �a N 4 .4. re e i4 I U41444 68.6 Q P 1/4 I� ) I �n t 1 644 r 64.4 c4i /ra s 15 6437 ( A) 14 k S) g ¢ 4!s 44 (1) S.P. 78 63.679 4 A (2) IO 60 FIRE STATION 4 5 r 6 lee 35 7 r 2a95 38.47 ° 674 C k O 644 6441 ON 3 1r 011. *3 ic; $ c °' (3) � (2)* (1) ,44 q U Ail (2) a _, 'O —, h *- - - - -Z-----1-0 n r64.4 - D I 13 $ (4) 11.1141 J titir •1;;M-11L • (4TH ST) ST) 4 CEN t ,i SR 1177Iu c.et rt,15246 8 Sic e • TASK 2 RESOURCE REVIEW TASK 2 RESOURCE REVIEW Adopted Basin Plans and Finalized Drainage Studies: The property is not located in any know Basin Plans. Basin Reconnaissance Summary Reports: No known reports are known to exist. Critical Drainage Area Maps: The site is not known to be located in any critical drainage areas. (FEMA) Maps: The site is located outside the 100 year flood plain. Other Offsite Analysis Reports: None were available Sensitive Areas Folio: There were no sensitive areas on or near this site. DNR Drainage Problems Maps: Not applicable. Road Drainage Problems: Not applicable. • • King County Soils Survey: This site is located outside the King County Soils Survey. Wetlands Inventory Maps: There are no wetlands located on or near the site. Migrating River Studies: Not applicable. Drainage Complaints: There were no relevant drainage complaints in the area. 10/ 3NOV 04 '05 10: 099AM UKW LA DCD /PW i ° k2'_A >,CD/Pw DATE: NAM /A D Land Use Pile Date Range: Permit 0(* • CITY OF TUKWILA REQUEST FOR PUBLIC RECORDS COMPANY: MAULING ADDRESS: CITY /aTATE /ICIP: PHONE: ~a = .. PAXOC F1S;P -49., TYPE OF RECORDS YOD ARE REQUESTING: 0 Building Permit O Mechanical Permit ti Building Plebs Date Range: Date Range: Date Ranges Permit 0: Permit #(s): Permit «(i): PAtdmmisaa:i t0FORA Records aequas: 0 Other: PLEASE Dzscans uT AS MUCH DETAIL AS POSSIBLE WHAT YOU LOOZ FOR OR lean Cones On CRAMER NW A \ C J (1 f &re. Co P ictiluts were. -- v c c s `t-- iU 'ars . kbaki tJJi/ ' , C4 v-- r. &/d e1 P. 2/2 l M ig XI , iM 'J •COkt Orig. Bldg. Nesse /Occuptnt itiop Curliest Tenant itsune site Address: 4 516 - .a. het �il�d i ci � 1 1A.1_4 TOUR REQUEST FOR 3 =COMM WILL DE IUDOPORDED TO WITHIN IZVB WOKKWQ DAT$ MeV 42.17.820). Tome wfl bo s 18 emit per page cue dull 14` z U' and legal, 30 coat charge for 11•3e i7'; O.ars0ss4 itessss ei0 b0 efea eed additleael reel (Raw 43.17.2601. basset e . ge or cheek ploaae: Bony, In de set woowpt credit Garde. DATE RECEIVED: / / /o • STAFF INITIALS: 2 • • TASK 3 FIELD INSPECTION • • TASK 3 FIELD INSPECTION A field inspection was conducted on October 25, 2005 to inspect the onsite drainage system of the site. Offsite drainage systems were also inspected downstream approximately 1/4 mile(s) from the discharge point of the site. The inspection involved investigation of the ten specific items of a Level 1 Inspection per the King County Surface Water Design Manual, 2005. The inspection yielded the following findings: 1. There were no existing or potential problems observed. 2. The existing drainage system capacity was adequate. 3. There were no existing or potential flooding problems. 4. There were no existing or potential sedimentation, scouring or bank sloughing problems. 5. No significant destruction of aquatic habitat or organisms was noticeable. 6. Qualitative data such as land use, impervious surfaces, topography, and soil types was noted and can be found in Task 4 information. 7. Information was collected on pipes, ditches, and structures. This information is also included in the Task 4 information. 8. Tributary basins delineated in Task 1 were verified. 9. No neighbors were contacted. 10. The weather conditions at the time of the inspection were warm and sunny. • • TASK 4 DRAINAGE SYSTEM DESCRIPTION AND PROBLEM DESCRIPTIONS • • TASK 4 DRAINAGE SYSTEM DESCRIPTION AND PROBLEM DESCRIPTIONS Site Drainage This project is located at 4404 S. 152 St in Tukwila, Washington. It is located in Lots 18 and 19, Block 4, of the First Addition to Adams Home Tracts. The property is approximately .94 acres. The property will be divided into four residential Tots. We propose lots 1, 2 and 3 gain access from a 20' wide paved road located in a 24' easement off of S 152 St., while Lot 4 will gain access from an existing Driveway also off of S 152 St. The property has two existing homes, of which one will remain, and one will be removed. This property also has 2 gravel driveways, part of which will be removed. It also has 3 sheds, concrete walkways, and a pond which will also be removed. The remainder of the property is covered mostly with grass and trees. The existing site drainage sheet flows from the northwest to the southeast. No significant amounts of upstream flow enter the site. Soils on this site consist of Arrents Alderwood Material, 6 to 15 percent slope (AmC). Offsite Drainage An Off -Site Analysis Drainage System Table is provided on the next page that describes in detail the offsite drainage components at least % mile downstream from the project discharge location. Please refer to the offsite drainage map in Task 1 because the map symbols listed in the table correspond to drainage component symbols on the offsite drainage maps. Symbol Drainage Component Type, Name, and Size Drainage Component Description Slope Distance from site discharge Existing Problems Potential Problems Observations of field inspector, resource reviewer, or resident see map Type: sheet flow, swale, stream, channel, pipe, pond; Size: diameter, surface area drainage basin, vegetation, cover, depth, type of sensitive area, volume % Y. ml = 1,320 ft. constrictions, under capacity, ponding, overtopping, flooding, habitat or organism destruction, scouring, bank sloughing, sedimentation, incision, other erosion tributary area, likelihood of problem, overflow pathways, potential impacts ,1 Sheet flow Flows from NW to SE onto S 152 St 9% 0' to discharge none none No problems observed B 12" conc pipe with catch basins Flows east on 152 St and crosses 42 Ave S 7% 0 -262' none none No problems observed C 12" conc pipe and closed drainage structures empties into pond Flows through 2 locked drainage structures and outlets to detention pond 4% 262' -380 none none No problems observed D ik Pipe with quarry spall overflow Outlets into creek 14% 380' -638' none none No problems observed Creek flows north 6' wide 2" flowing water on downhill side of outlet structure forested side slopes 3% 638' -1290' none none No problems observed Basin: Dawamish River 98- 4\inB04 OFF -SITE ANALYSIS DRAINAGE SYSTEM TABLE SURFACE WATER DESIGN MANUAL, CORE REQUIREMENT #2 Subbasin Name: Subbasin Number: F 36" conc culvert Flows north across S 150 St 2% 1290' -1350' none none No problems observed G Creek 6' wide 2" flowing water Flows north in 20' ravine 2% 1350' -end none none No problems observed II • • • TASK 5 MITIGATION OF EXISTING OR POTENTIAL PROBLEMS TASK 5 MITIGATION OF EXISTING OR POTENTIAL PROBLEMS After a thorough field inspection and a detailed resource review there were no existing or potential problems. The proposed improvements will not produce a significant impact to the existing drainage patterns once the site has been stabilized and the runoff has been controlled via tight lining the downspouts to the existing storm system in S. 152 St. A temporary erosion and sedimentation control plan will be created at the final design stage to minimize the transport of sediment laden runoff to the downstream conveyance system. • . APPENDIX THRESHOLD ASSESSMENT • s THRESHOLD ASSESSMENT The below figures represent the impervious surface calculations for this project. Developed impervious: 3 new homes & driveway © 2500 each 7,500 sf On site road 2 732s Total 10,232 sf Credit for impervious removed Gravel Drive © 1/2 area 1,522sf Shed south of house 233sf Shed west of house 376sf. Pond 307sf Shed if front of house to be removed 30sf House 712sf Total credit 3,180sf 10,232sf - 3 180s Adjusted new impervious 7,052sf Per Section 1.1.2, this project qualifies for a Small Project Drainage Review. Cramer Northwest, Inc., {PID= CNI2 -JAO} 945 N. Central, Ste. #104, Kent, WA., 98032 If Found Please Call Us At 1- (800) -251 -0189 Friday, March 10, 2006 8:06:52 AM COMMUNITY DEVELOPMENT Use [Draft] -[ASAP PRJ DATA] -menu instea PROJECT: C: \WORKING TM JOBS \2005- 030.pro LOT 1 PT.# DESCRIPTION BEARING DISTANCE NORTHING 70 1098 1105 1106 70 S89 ° 06'00 "E S00 ° 12'10 "W N89 ° 06'00 "W N00 ° 12'10 "E Closing latitude Closing departure Closing bearing Closing distance Total traverse. length Total error of closure Error of closure in latitude Error of closure in departure Area Area 5192.275842 60.00 ft 5191.333403 123.60 ft 5067.734177 60.00 ft 5068.676616 123.60 ft 5192.275842 = 0.00000 = 0.00000 = N90 ° 00'00 "W = 0.00000 = 367.20 (367.20) = 1/999999 = 1/999999 = 1/999999 EASTING ELEVATION 7243.880592 7303.873190 7303.435753 7243.443155 7243.880592 = 7415.71 sq.ft. = 0.17 \128 ACRES {VAL {VAL} {DIR }. RECEIVED !APR 0 5 2006 0.00 0.00 Cramer Northwest, Inc., {PID= CNI2_ -JAO} 945 N. Central, Ste. #104, Kent, WA., 98032 If Found Please Call Us At 1- (800)- 251 -0189 Friday, March 10, 2006 8:06:52 AM Use [Draft] -[ASAP PRJ DATA] -menu instea PROJECT: C: \WORKING TM JOBS \2005- 030.pro LOT 2 PT.# DESCRIPTION BEARING 1098 1112 1115 1114 1098 S89 ° 06'00 "E S00 ° 12'07 "W N89 ° 06'00 "W NO0 ° 12'10 "E Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area DISTANCE NORTHING EASTING ELEVATION 5191.333266 77.18 ft 5190.120975 143.60 ft 5046.521867 77.19 ft 5047.734315 143.60 ft 5191.333415 = 0.00015 = - 0.00791 = S88 ° 54'57 "E = 0.00791 = 441.57 (441.56) = 1/55812 = 1/2949766 = 1/55822 7303.877633 7381.048112 7380.541981 7303.361504 7303.869723 11082.64 sq.ft. = 0.25 \128 ACRES {VAL {VAL} {DIR}. 0.00 0.00 0.00 Cramer Northwest, Inc., {PID= CNI2_ -JAO} 945 N. Central, Ste. #104, Kent, WA., 98032 If Found Please Call Us At 1- (800) -251 -0189 Friday, March 10, 2006 8:06:53 AM S89 ° 06'00 "E S00 ° 12'07 "W N89 ° 06'00 "W N00 ° 12'07 "E Use [Draft]-[ASAP PRJ DATA] -menu instea PROJECT: C: \WORKING TM JOBS \2005- 030.pro LOT 3 PT.# DESCRIPTION BEARING 1112 71 72 1113 1112 5190.120831 60.00 ft 5189.178392 207.52 ft 4981.659681 60.00 ft 4982.602120 207.52 ft 5190.120831 Closing :latitude = 0.00000 Closing departure = 0.00000 Closing bearing = N90 ° 00'00 "W Closing distance = 0.00000 Total traverse. length = 535.04 (535.04) Total error of closure = 1/999999 Error of closure in latitude = 1/999999 Error of closure in departure = 1/999999 Area Area DISTANCE NORTHING EASTING ELEVATION 7381.051730 7441.044328 7440.312905 7380.320307 7381.051730 = 12450.92 sq.ft. = 0.29 \128 ACRES {VAL {VAL} {DIR}. 0.00 0.00 0.00 Cramer Northwest, Inc., {PID= CNI2_ -JAO} 945 N. Central, Ste. #104, Kent, WA., 98032 If Found Please Call Us At 1- (800) -251 -0189 Friday, March 10, 2006 8:06:53 AM Use [Draft] -[ASAP PRJ DATA] -menu instea PROJECT: C: \WORKING TM JOBS \2005- 030.pro LOT 4 PT.# DESCRIPTION BEARING 1107 4984.384441 7267.164395 N00 ° 12'10 "E 39.67 ft 1108 5024.054193 7267.304793 1109 Radius Point: 1109 5023.983410 7287.304667 Radial Bearing In: S89 ° 47'50 "E Radial Bearing Out: N00 ° 54'00 "E Radius: 20.00 ft Delta: 90 ° 41'51" Right Arc: 31.66 ft Tangent: 20.24 ft 1110 5043.983856 7287.621784 S89 ° 06'00 "E 15.74 ft 1111 5043.736623 7303.359842 N00 ° 12'10 "E 4.00 ft 1114 5047.736598 7303.373998 S89 ° 06'00 "E 77.19 ft 1115 5046.524150 7380.554476 S00 ° 12'07 "W 63.92 ft 1113 4982.604547 7380.329184 N89 ° 06'00 "W 113.17 ft 1107 4984.382144 7267.173145 Closing Latitude = - 0.00230 Closing departure = 0.00875 Closing bearing = N75 ° 17'26 "W Closing distance = 0.00905 Total traverse length = 342.15 (345.35) Total error of closure = 1/37820 Error of closure in latitude = 1/148948 Error of closure in departure = 1/39102 Area Area DISTANCE NORTHING EASTING ELEVATION = 7000.91 sq.ft. = 0.16 \128 ACRES {VAL {VAL} {DIR }. 0.00 0.00 0.00 Cramer Northwest, Inc., {PID= CNI2_ -JAO} 945 N. Central, Ste. #104, Kent, WA., 98032 If Found Please Call Us At 1- (800)- 251 -0189 Friday, March 10, 2006 8:06:53 AM Use [Draft] -[ASAP PRJ DATA] -menu instea PROJECT: C: \WORKING TM JOBS \2005- 030.pro J.U.D.T. PT.# DESCRIPTION BEARING 1007 1106 1105 1111 1110 1109 1108 1107 1007 Area Area N00 ° 12'10 "E S89 ° 06'00 "E S00 ° 12'10 "W N89 ° 06'00 "W Radius Point: 1109 Radial Bearing In: S00 ° 54'00 "W Radial Bearing Out: N89 ° 47'50 "W Radius: 20.00 ft Delta: 90 ° 41'51" Left Arc: 31.66 ft Tangent: 20.24 ft 5024.056525 S00 ° 12'10 "W N89 ° 06'00 "W DISTANCE NORTHING EASTING ELEVATION 4984.761769 83.92 ft 5068.681244 60.00 ft 5067.738805 24.00 ft 5043.738955 15.74 ft 5043.986188 5023.988655 39.67 ft 4984.386773 24.02 ft 4984.764063 Closing latitude = 0.00229 Closing departure = - 0.00782 Closing bearing = S73 ° 39'11 "E Closing distance = 0.00815 Total traverse length = 275.81 (279.02) Total error of closure = 1/33841 Error of closure in latitude = 1/120240 Error of closure in departure = 1/35267 = 2967.59 sq.ft. = 0.07 \128 ACRES {VAL {VAL} {DIR }. 7243.146662 7243.443666 0.00 7303.436264 0.00 7303.351325 7287.613267 7287.299120 7267.296276 7267.155878 7243.138842 Cramer Northwest, Inc., {PID= CNI2_ -JAO} 945 N. Central, Ste. #104, Kent, WA., 98032 If Found Please Call Us At 1- (800)- 251 -0189 Monday, January 30, 2006 11:21:50 AM Use [Draft] -[ASAP PRJ DATA] -menu instea PROJECT: C: \WORKING TM JOBS \2005- 030.pro PARENT PARCEL PT.# DESCRIPTION BEARING 70 71 72 1007 70 Area Area S89 ° 06'00 "E S00 ° 12'07 "W N89 ° 06'00 "W N00 ° 12'10 "E DISTANCE NORTHING EASTING ELEVATION 5192.275842 197.19 ft 5189.178516 207.52 ft 4981.659805 197.20 ft 4984.757288 207.52 ft 5192.275989 Closing latitude = 0.00015 Closing departure = - 0.00698 Closing bearing = S88 ° 47'54 "E Closing cistance = 0.00698 Total traverse length = 809.43 (809.42) Total error of closure = 1/115929 Error of closure in latitude = 1/5528398 Error of closure in departure = 1/115955 7243.880592 7441.046265 7440.314842 7243.139170 7243.873611 = 40917.76 sq.ft. = 0.94 \128 ACRES (VAL {VAL} {DIR }. • • GEOTECHNICAL ENGINEERING STUDY ezEROPOS =li`OT PL • 4044 SOUTH 152ND STREET TUKWILA, WASHINGTON L &A Job No. 5Al24 Date: October 5, 2005 Prepared for: Mr. Hiep Do 4044 South 152 Street Tukwila, WA 98188 Prepared By: Liu & Associates, Inc. 19213 Kenlake Place NE Kenmore, Washington 98028 RECEIVED 'APR 0 5 2006 COMMUNITY DEVELOPMENT LIU & ASSOCIATES, INC. Geotechnical Engineering Mr. Hiep Do 4044 South 152 " Street Tukwila, WA 98188 Dear Mr. Do: Subject: Geotechnical Engineering Study Proposed 5 -Lot Plat 4044 South 152 " Street Tukwila, Washington L &A Job No. 5Al24 • • Engineering Geology Earth Science October 5, 2005 INTRODUCTION We have completed a geotechnical engineering study for the subject plat site located at 4044 South 152 " Street in Tukwila, Washington. The Parcel No. of the property is 0041000600. The general location of the site is shown on Plate 1 — Vicinity Map. The purpose of this study is to characterize the subsurface conditions of the site and provide geotechnical recommendations for grading, surface and ground water drainage control, erosion mitigation, and foundation design and construction. Presented in this report are our findings and geotechnical recommendations for the proposed development of the site. PROJECT DESCRIPTION For our use in this study, you provided us with a plat plan of the proposed development for the site. According to this plan, we understand that the site will be developed into five single - family residential building lots. We also understand that the. existing =residence- on -L-ot 4 (the north side center lot) will remain, the detached carriage house and shed will be demolished, and a new residence will be constructed on each of the remaining f r lots. The terrain within the site is very gently to moderately sloped, and we understand that grading for the proposed development 19213 Kenlake Place NE • Kenmore, Washington 98028 Phone (425) 483 -9134 Fax (425) 486 -2746 October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 2 • • will generally follow the existing contours of the site with minimal cut and fill. The existing fish pond in the middle of Lot 3 (the northeast lot) will be removed and filled. SCOPE OF SERVICES Our scope of services for this study comprises specifically the following: 1 Review the geologic and soil conditions at the site based on a published geologic map. 2. Explore the site for subsurface conditions with backhoe test pits to a firm bearing soil stratum or to the maximum depth (about 12 feet) capable by the backhoe used for excavating the test pits, whichever occurs first. 3. Perform necessary geotechnical analyses and provide geotechnical recommendations for grading, erosion mitigation, surface and ground water drainage control, and foundation design and construction, based on subsurface conditions encountered in the test pits and results of our geotechnical analyses. 4. Prepare a written report to present our findings, conclusions, and recommendations. SITE CONDITIONS SURFACE CONDITIONS The site is a rectangle- shaped tract of land, measuring about 197 feet wide along South 152 " Street by about 207 feet deep. It is located on the north side of the intersection of South 152" Street and 40 Avenue South, and is adjoined by residential developments to the north, east and west. The site is situated on a broad, gentle to moderately -steep slope descending gently to moderately steeply to Duwamish River at a short distance to the east of the site. The terrain over of the site generally slopes down very gently to moderately easterly at 4.5 to 20 percent grade over about its northern half, and gently to moderately southeasterly at 8 to 25 percent grade over about its southern half. . LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 3 • • The site is currently occupied by an existing house in the middle of the site, a detached carriage house near the northwest corner of the site, a small shed on the central west side and a fish pond in the central eastern area of the site. The site is dotted along its perimeters with mature deciduous trees, and the unpaved areas within the site is mostly covered with lawn grass. GEOLOGIC SETTING The Preliminary Geologic Map of Seattle and Vicinity, Washington, by H. H. Waldron, B. A. Liesch, D. R. Mullineaux, and D. R. Crandell, published by U. S. Geological Survey in 1962, was referenced for the geologic and soil conditions at the site. According to this publication, the surficial soil unit at and in the vicinity of the site is mapped as Glacial Till (Qt). — The geology of the Puget Sound Lowland has been modified by the advance and retreat of several glaciers in the past and subsequent deposits and erosion. The latest glacier advanced to the Puget Sound Lowland is referred to as the Vashon Stade of the Fraser Glaciation, which has occurred during the later stages of the Pleistocene Epoch and retreated from the region some — 14,500 years ago. The glacial till soil unit was deposited directly by glacial ice during the most recent glacial period as it advanced over an eroded, irregular surface of older formations and sediments. It is a very dense mixture of unsorted clay, silt, sand, gravel, and scattered cobbles and boulders, often referred to as "hard pan". The till soils over the top two to four feet are normally weathered to a medium -dense state, and is moderately permeable and compressible. The underlying fresh till is very dense and is practically impervious to stormwater infiltration. The fresh till has the strength of low -grade concrete and can stand in steep natural slopes or man-make cuts for a long period. If remains undisturbed and well - drained, the fresh till can provide excellent foundation support with little settlement expected. LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5A 124 Page 4 • • SUBSURFACE CONDITIONS Subsurface conditions of the site were explored with five test pits spread throughout the site. The test pits were excavated on October 4, 2005, with a track - mounted backhoe to depths from 4.0 to 6.0 feet. The approximate locations of the test pits are shown on Plate 2 - Site and Exploration Location Plan. The test pits were located with either a tape measure or by visual reference to existing topographic features in the field and on the topographic survey map, and their locations should be considered only accurate to the measuring method used. A geotechnical engineer from our office was present during subsurface exploration, who examined the soil and geologic conditions encountered and completed logs of test pits. Soil samples obtained from each soil unit in the test pits were visually classified in general accordance with United Soil Classification System, a copy of which is presented on Plate 3. Detailed descriptions of soils encountered during site exploration are presented in test pit logs on Plates 4 through 6. The test pits revealed that the soil conditions are fairly uniform throughout the site. All test pits encountered a light -gray fresh till deposit of very- dense, weakly to well cemented, silty, fine sand with a trace to some gravel, at depths from 2.5 to 3.7 feet below existing grade. This fresh till deposit is overlain by a layer of weathered soils of brown to light - brown, medium - dense, silty fine sand, with a trace of, about 0.8 to 2.2 feet thick, which is topped by a layer of dark -brown topsoil of loose, organic, silty fine with a trace to some gravel from 1.0 to 1.7 feet thick. Underlying the fresh till stratum in Test Pits 1 and 5 is a brown to brown -gray deposit of dense to very- dense, very weakly cemented, slightly silty, fine to medium sand with a trace of gravel, which appears to be soils in the transitional zone from glacial till to advance outwash deposit. LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 5 GENERAL Based on the soil conditions encountered from our subsurface explorations, it is our opinion that the site is suitable for the proposed development from the geotechnical engineering viewpoint. The loose topsoil and the underlying medium -dense weathered soils should be completely stripped within the access driveways, the building pads and in areas where the subgrade soils are to support structural or traffic loads. The underlying fresh till soils are very- dense, and are capable of providing adequate foundation support to the proposed driveways and buildings. • • GROUNDWATER CONDITION Groundwater seepage was not encountered in any of the test pits. The fresh till soil stratum underlying the site at shallow depth, however, is practically impervious and would perch stormwater infiltrating into the more permeable surficial soils. The depth to and the amount of perched groundwater may fluctuate seasonally, depending on precipitation, surface runoff, ground vegetation cover, site utilization, and other factors. The perched groundwater may completely dry up in the summer months and accumulate and rise in the wet winter months. DISCUSSIONS AND RECOMMENDATIONS Conventional footing foundations placed on or into the underlying, very- dense, fresh till soils may be used for supporting the buildings. Structural fill, if required for site grading, should be placed on proof - rolled, unyielding, undisturbed, firm, fresh till soils following the stripping of the surficial unsuitable soils. The on -site soils contain a high percentage of fines, and is sensitive to moisture. It can also be saturated quickly and result in heavy runoff. Curtain drains or ditches may be installed along the upslope boundaries of the site, as required, to intercept and drain surface runoff and near- surface LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 6 • • perched groundwater away from construction areas and to facilitate grading and foundation construction work. GEOLOGIC HAZARDS AND REMEDIATION Landslide Hazard The very- dense, fresh till soils underlying the site at shallow depth are of Very high shear strength and have excellent resistance against slope failures. The site is very gently to moderately sloped. Therefore, the potential for landslides to occur on the site should be minimal. Erosion Hazard The surficial topsoil and the underlying weathered soils are of low to moderate resistance against erosion, while the underlying very-dense fresh till soils are of moderately high resistance against erosion. The very gentle to moderate terrain of the site would greatly reduce its soil erosion potential. To further mitigate soil erosion potential, the exposed unpaved) ground within the site resulted from construction activities should be re- vegetated. Stormwater over impervious surfaces, such as roofs and roadway, should be cagtured_by underground,dra line systems -and by catch basinsnstalled in the driveways. Collected water be_tightl fined to discharge into a storm sewer or a suitable stormwater disposal facility. Seismic Hazard and Design Consideration Puget Sound region is in an active seismic zone. The site is underlain at shallow depth by very- dense, weakly to well cemented, fresh till soils of high shear strength. The site is very gently sloped and there is a lack of shallow, extensive, static, groundwater table under the site.. The combination of the above makes it rather unlikely for liquefaction or sail lateral spreading to occur on the site during strong earthquakes. Therefore, the seismic hazard be minimal for the site. The residential buildings to be constructed on the site, however,should be designed to LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 7 withstand seismic forces induced by strong earthquakes. Based on the soil conditions encountered by the test pits, we recommend that Seismic Use Group I and Site Class C be used in the seismic design of the proposed residences in accordance with the 2003 International Building Code (IBC). SITE PREPARATION AND GENERAL GRADING Site preparation should include clearing and grubbing within construction limits. The existing carriage house and shed on the site to be demolished should have their foundations completely removed. The surficial topsoil and loose weathered soils should be stripped within the driveways, building pads and in areas where structural fill is to be placed. The exposed soils should be compacted to a non - yielding state with a vibratory roller compactor and proof - rolled with a fully loaded dump truck or water truck. Storm runoff, if any, should be directed away from the construction area with ditches or curtain drains to minimize erosion and facilitate grading during construction. The on -site surficial soils contain a high percentage of fines and are sensitive to moisture. A layer of clean quarry spalls placed over excavated areas and areas of frequent traffic, as required, to protect the subgrade soils from disturbance by construction traffic. Silt fences should be erected along the downslope boundaries of the site to prevent sediments being transported onto adjoining properties or the streets by storm runoff. The bottom edge of the silt fence should be embedded in a trench and ballasted with crushed rock or gravel. EXCAVATION AND FILL SLOPES Under no circumstance should excavation slopes be greater than the limits specified by local, state and federal safety regulations if workers have to perform construction work in excavated areas. Unsupported temporary cuts greater than 4 feet in height should not be steeper than LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 8 • • 1 H: 1 V in the topsoil and weathered soils, and may be vertical in the underlying, light -gray very- dense, cemented, fresh till soils if the overall depth of excavation does not exceed 10 feet. Permanent cut banks should be no steeper than 2H:1 V in the topsoil and weathered soils, and no steeper than 1- 1 /2H:1 V in the underlying very- dense, fresh till soils. Permanent fill embankments required to support structural or traffic load should be constructed with compacted structural fill placed over undisturbed, proof - rolled, firm, fresh till soils after the surficial unsuitable soils are completely stripped. Permanent fill to be placed over slopes steeper than 20 percent grade should be retained structurally. The exposed ground exceeding 20 percent grade should be benched with vertical steps not exceeding 4 feet tall prior to placing structural fill. The slope of permanent fill embankments should be no steeper than 2H:1 V. Upon completion, the sloping face of permanent fill embankments should be thoroughly compacted to a. non - yielding state with a hoe -pack. The above recommended cut and fill slopes are under the assumption that groundwater seepage will not be encountered during construction. If groundwater seepage is encountered, the construction should be immediately halted and the slope stability re- evaluated. The slopes may have to be flattened and other measures taken to stabilize the slopes. Surface runoff should not be allowed to flow uncontrolled over the top of cut or fill slopes. Permanent cut slopes or fill embankments should be vegetated as soon as possible for long -term stability, and should be covered with plastic sheets, as required, to protect them from stormwater until the vegetation is fully established. STRUCTURAL FILL Structural fill is the fill that support structural or traffic load. Structural fill should consist of clean soils with particles not larger than four inches and should be free of organic and other LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 9 • • deleterious substances. Structural fill should have a moisture content within one percent of its optimum moisture content at the time of placement. The optimum moisture content is the water content in the soil that enable the soil to be compacted to the highest dry density for a given compaction effort. The on -site soils contain too much fines and may be used as structural fill only under fair weather condition when its moisture content can be controlled to close to its optimum moisture content. Imported material for structural fill should be clean, free - draining, granular soils containing no more than 5 percent by weight finer than the No. 200 sieve based on the fraction of the material passing No. 4 sieve, and should have individual particles not greater than four inches. Imported structural fill should be stockpiled and covered separately from the on -site soils. Structural fill should be placed in lifts no more than 10 inches thick in loose state, with each lift compacted to a minimum percentage of the maximum dry density determined by ASTM D1557 (Modified Proctor Method) as follows: Application Within building pads of the building lots Roadway /driveway subgrade Retaining wall backfill Utility trench backfill % of Maximum Dry Density 95% 95% for top 3 feet and 90% below 90% 95% for top 4 feet and 90% below BUILDING FOUNDATIONS Conventional footing foundations may be used for supporting the new residences to be constructed on the site. The footing foundations should be placed on or into the underlying, LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 10 • • undisturbed, very- dense, fresh till soils or on compacted structural fill constructed on undisturbed fresh till soils. The depth to the fresh till is estimated at about 3.0 to 4.5 feet below existing grade. Water should not be allowed to accumulate in excavated footing trenches. Disturbed soils in footing trenches should be completely removed or thoroughly re- compacted prior to pouring concrete for the footings. If the above recommendations are followed, our recommended design criteria for footing foundations are as follows: • Allowable soil bearing pressure, including dead and live loads, should be no greater than 3,000 psf for footings poured on or into the light -gray, very- dense, fresh till soils, and no greater than 2,500 psf on compacted structural fill over fresh till soils. The footing bearing soils should be verified on -site by a geotechnical engineer after the footing trenches have been excavated and before the footings are poured. • The minimum depth to bottom of perimeter footings below adjacent final exterior grade should be no less than 18 inches. The minimum depth to bottom of the interior footings below top of floor slab should be no less than 12 inches. • The minimum width should be no less than 16 inches for continuous footings, and no less than 24 inches for individual footings. A one -third increase in the above recommended allowable soil bearing pressure may be used when considering short -term, transitory, wind or seismic loads. For footing foundations designed and constructed per recommendations above, we estimate that the maximum total post - construction settlement of the buildings should be 1/2 inch or less and the differential settlement across building width should be 3/8 inch or less. Lateral loads on buildings can be resisted by the friction force between the foundations and the subgrade soils or the passive earth pressure acting on the below -grade portion of the foundations. LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 11 For the latter, the foundations must be poured "neat" against undisturbed soils or backfilled with a clean, free - draining, compacted structural fill. We recommend that an equivalent fluid density (EFD) of 350 pcf (pounds per cubic foot) for the passive earth pressure be used for lateral resistance. The above passive pressure assumes that the backfill is level or inclines upward behind the foundations for a horizontal distance at least twice the depth of the foundations below final grade. A coefficient of friction of 0.65 between the foundations and the subgrade soils may be used. These are unfactored values, and a proper factor of safety should be used in calculating the resisting forces against lateral loads on the buildings. SLAB -ON -GRADE FLOORS • • Slab -on -grade floors, if used, should be placed on firm subgrade prepared as outlined in the SITE PREPARATION AND GENERAL EARTHWORK and the STRUCTURAL FILL sections of this report. Where moisture control is critical, the slab -on -grade floors should be placed on a capillary break which is in turn placed on the compacted subgrade. The capillary break should consist of a minimum four- inch -thick layer of free - draining gravel or crushed rock containing no more than 5% by weight passing the No. 4 sieve. We recommend that a vapor barrier, such as a 6 -mil plastic membrane, be placed over the capillary break to keep moisture from migrating upwards. PAVED DRIVEWAYS Performance of paved driveways is critically related to the conditions of the underlying subgrade soils. We recommend that the subgrade soils within the driveways be treated and prepared as described in the SITE PREPARATION AND GENERAL EARTHWORK section of this report. Prior to placing base material, the subgrade soils should be compacted to a non - yielding state with a vibratory roller compactor and proof - rolled with a piece of heavy construction equipment, such as a fully- loaded dump truck. Any areas with excessive weaving or deflection should be LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 12 • • over - excavated and re- compacted or replaced with a structural fill or crushed rock placed and compacted in accordance with the recommendations provided in the STRUCTURAL FILL section of this report. We recommend that an 4- inch -thick minimum, compacted, crushed rock base (CRB), consisting of 7/8- inch -minus crushed rock, be used for the driveways. The crushed rock or subgrade base should be topped with 2 -inch asphalt treated base (ATB) and 2- inch -thick Class B asphalt concrete (AC). SITE DRAINAGE Site and Driveway Grading The on -site fine- grained surficial soils are of moderately low permeability. The surficial soil can be saturated quickly and heavy runoff and near - surface groundwater may be encountered during periods of heavy rain. To minimize potential difficulties for site and driveway grading work due to storm runoff and groundwater seepage during construction, one or more lines of ditches or curtain drains may be installed, as required, to intercept storm runoff and near- surface groundwater flow. Water thus collected should be direct into a temporary storage and settling pond before being released into a suitable stormwater disposal facility. Building Footprint Excavation Excavation of building footprints, if encountering groundwater, should have the bottom of excavation sloped and ditches excavated along the bases of the cut banks to direct groundwater seepage to flow into a sump pit from which water can be pumped out of the pit into a temporary storage and settling pond. A layer of 2 -inch crushed rocks should be placed over firm subgrade soils under footings, as required, to protect the soils from disturbance by construction equipment and foot traffic. This crushed rock base should be built to a few inches above groundwater level, LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 13 but not less than 6 inches thick. The crush rock base should be compacted in 12 -inch lifts to a non - yielding state with a vibratory mechanical compactor. Runoff over Impervious Surfaces Storm runoff over impervious surfaces, such as roofs and paved driveways, should be collected by underground drain line systems connected to downspouts and by catch basins installed in the driveways. Stormwater thus collected should be tightlined to discharge into a storm sewer or a suitable stormwater disposal facility Surface Drainage Water should not be allowed to stand in any areas where footings, slabs, or pavement is to be constructed. Final site grades should allow storm runoff to flow away from the building. We recommend the finish ground be sloped at a gradient of 3 percent minimum for a distance of at least 10 feet away from the building, except in the areas to be paved. Building Footing Drains A subdrain should be installed around the perimeter footings of each building to be constructed on the site to minimize accumulation of groundwater under the buildings. The subdrains should consist of a 4- inch - minimum - diameter, perforated, rigid, drain pipe, laid a few inches below the bottom of perimeter footings. The trenches and the drain lines should have a sufficient gradient to generate flow by gravity. The drain lines should be embedded in washed gravel completely wrapped in non -woven filter fabric to within about 12 inches of finish grade. The remaining trench may be backfilled with on -site impervious soils. Water collected by the perimeter footing subdrains should be tightlined, separately from the roof and surface stormwater drain systems, to discharge into a storm sewer or a suitable stormwater disposal facility. LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 14 • • Sufficient number of cleanouts at strategic locations should be provided for the underground drain line systems. The underground drain line systems should be maintained periodically to prevent clogging. LIMITATIONS This report has been prepared for the specific application to the subject project for the exclusive use by Mr. Hiep Do, and his associates, consultants and representatives. We recommend that this report, in its entirety, be included in the project contract documents for the information of the prospective contractors for their estimating and bidding purposes. The conclusions and interpretations in this report, however, should not be construed as a warranty of the subsurface conditions. The scope of this study does not include services related to construction safety precautions and our recommendations are not intended to direct the contractor's methods, techniques, sequences or procedures, except as specifically described in this report for design considerations. Our recommendations and conclusions are based on soil conditions encountered in the test pits, our engineering analyses, and our experience and engineering judgment. The conclusions and recommendations are professional opinions derived in a manner consistent with the level of care and skill ordinarily exercised by other members of the profession currently practicing under similar conditions in this area. No warranty, expressed or implied, is made. The actual subsurface conditions encountered during construction may vary from those encountered in the test pits. The nature and extent of such variations may not become evident until construction starts. If variations occur then, we should be retained to re- evaluate the recommendations of this report, and to verify or modify them in writing prior to further construction. LIU & ASSOCIATES, INC. October 5, 2005 Proposed 5 -Lot Plat L &A Job No. 5Al24 Page 15 • • We are pleased to be of service to you on this project. Please feel free to call us if you have any questions regarding this report or need further consultation. Six plates attached <a• oXPIAES J 7 / 17 / CLOSURE Yours very truly, LIU & ASSOCIATES, INC. LIU & ASSOCIATES, INC. J. S. (Julian) Liu, Ph.D., P.E. Consulting Geotechnical Engineer Ling EMIL rE. •1 IQ LIU & ASSOCIATES, INC. Geotechnical Engineering • Engineering Geology • Earth Science N VICINITY MAP PROPOSED 5 -LOT PLAT 4044 SOUTH 152ND STREET TUKWILA, WASHINGTON JOB NO. 5Al24 I DATE 9/28/2005 I PLATE 1 • • 282 ?8 '78 •74. 8 8 78� rna tc 1 HOUSE 1 " SHED T1 T2* T6 TP 3 LOT 5 8,2331 SO. FT. ifk T3 (Z (` .TO BE L..J REMOVED OLD \ OUTHOUSE 77 HOUSE IS 1.7' -2.1'1 N. OF PROP. LINE LOT 19 LOT 4 10,8931 SO. FT. HnucF 2701 TOIL/ FILLED IN I I 1 r _ 268 / / / I I I • • LIU & ASSOCIATES, INC. Geotechnical Engineering • Engineering Geology • Earth Science SITE AND EXPLORATION LOCATION PLAN PROPOSED 5 -LOT PLAT 4044 SOUTH 152ND STREET TUKWILA, WASHINGTON JOB NO. 5Al24 I DATE 9/28/2005 PLATE 2 n n 6 N cn cn N cn /® SITE BENCHMARK SET 600 NAIL IN CAP. EL= 265.25 U.S. FEET col' Co rn I■89 '06 DOW 2644.15 ' (MEAS J 2645+0' S. 152N.DST: /CONC. ROLLED CURB eo UNIFIED SOIL CLASSIFICATION SYSTEM MAJOR DIVISIONS GROUP SYMBOL GROUP NAME COARSE- GRAINED SOILS MORE THAN 50% RETAINED ON THE NO. 200 SIEVE GRAVEL MORE THAN 50% OF COARSE FRACTION RETAINED ON NO. 4 SIEVE CLEAN GRAVEL GW WELL- GRADED GRAVEL, FINE TO COARSE GRAVEL GP POORLY- GRADED GRAVEL GRAVEL WITH FINES GM SILTY GRAVEL GC CLAYEY GRAVEL SAND MORE THAN 50% OF COARSE FRACTION PASSING NO. 4 SIEVE CLEAN SAND SW WELL- GRADED SAND, FINE TO COARSE SAND SP POORLY - GRADED SAND SAND WITH FINES SM SILTY SAND SC CLAYEY SAND FINE- GRAINED SOILS MORE THAN 50% PASSING ON THE NO. 200 SIEVE SILT AND CLAY LIQUID LIMIT LESS THAN 50% INORGANIC ML SILT CL CLAY ORGANIC OL ORGANIC SILT, ORGANIC CLAY SILTY AND CLAY LIQUID LIMIT 50% OR MORE INORGANIC MH SILT OF HIGH PLASTICITY, ELASTIC SILT CH CLAY OF HIGH PLASTICITY, FAT CLAY ORGANIC OH ORGANIC SILT, ORGANIC SILT HIGHLY ORGANIC SOILS PT PEAT AND OTHER HIGHLY ORGANIC SOILS NOTES: SOIL MOISTURE MODIFIERS: 1. FIELD CLASSIFICATION IS BASED ON VISUAL EXAMINATION DRY - ABSENCE OF MOISTURE, DUSTY, DRY TO OF SOIL IN GENERAL ACCORDANCE WITH ASTM D2488 -83. THE TOUCH 2. SOIL CLASSIFICATION USING LABORATORY TESTS IS BASED SLIGHTLY MOIST - TRACE MOISTURE, NOT DUSTY ON ASTM D2487 -83. MOIST - DAMP, BUT NO VISIBLE WATER 3. DESCRIPTIONS OF SOIL DENSITY OR CONSISTENCY ARE VERY MOIST - VERY DAMP, MOISTURE FELT TO THE TOUCH . BASED ON INTERPRETATION OF BLOW -COUNT DATA, VISUAL WET - VISIBLE FREE WATER OR SATURATED, APPEARANCE OF SOILS, AND /OR TEST DATA. USUALLY SOIL IS OBTAINED FROM BELOW WATER TABLE LIU & ASSOCIATES, INC. Geotechnical Engineering - Engineering Geology • Earth Science UNIFIED SOIL CLASSIFICATION SYSTEM PLATE 3 • Depth ft. USCS CLASS. Soil Description Sample No. W % Other Test OL Duff On surface — 1 - Dark - brown, loose, organic, silty fine SAND, with abundant roots to _ \ 1.25 -inc- diameter, slightly moist (TOPSOIL) 2 — SM __1- Brown, medium - dense, silty fine SAND, trace gravel, abundant _ SM roots, slightly moist _ 3 \ gravel, dry 4 SM Lightly - gray, very dense, silty fine SAND, trace to some gravel, - -, well - cemented, slightly moist (fresh GLACIAL TILL) 5 • 6 SP /SM Brown -gray, dense to very- dense, slightly silty, fine to medium 7 SAND, trace gravel, very weakly cemented, slightly moist — Test pit terminated @ 5.5 ft, groundwater not encountered. 8 9 Test pit terminated @ 6.0 ft, groundwater not encountered. 10 Depth ft. USCS CLASS. Soil Description Sample No. W % Other Test OL Duff on surface — 1 Dark- brown, loose, organic, silty fine SAND, with fine roots, _ slightly moist (TOPSOIL) — 2 _ SM Brown to Tight- brown, medium - dense, silty fine SAND, trace 3 \ gravel, dry — SM Light -gray, very- dense, silty fine SAND, trace to some gravel, _ 4 weakly- cemented, slightly moist (fresh GLACIAL TILL) • 5 SP /SM Brown -gray, dense to very- dense, slightly silty, fine to medium ^ — SAND, trace gravel, very weakly cemented, slightly moist 6 (in transition to ADVANCE OUTWASH ?) 7 ^_ Test pit terminated @ 6.0 ft, groundwater not encountered. 8 -- 9 10 Logged By: JSL Logged By: JSL TEST PIT NO. Date: 10/4/2005 TEST PIT NO. 2 Date: 10/4/2005 L.IU & ASSOCIATES, INC. Geotechnical Engineering • Engineering Geology • Earth Science 1 Ground El. 266.0' ± Ground El. 271.7' ± TEST PIT LOGS PROPOSED 5 -LOT PLAT 4044 SOUTH 152ND STREET TUKWILA, WASHINGTON JOB NO. 5Al24 [DATE 10/4/20051 PLATE 4 Depth ft. USCS CLASS. Soil Description Grass turf on surface Sample No. W % Other Test OL 1 Dark- brown, loose, organic, silty fine SAND, with roots to 1 Dark- brown, loose, organic, silty fine SAND, with roots to \ 2 -inc- diameter, slightly moist (TOPSOIL) --\ _ 2 _ SM _J Light- brown, medium - dense, silty fine SAND, trace gravel and 2 . _ SM _ occasional cobble, dry 3 3 4 SM Lightly -gray, very- dense, silty fine SAND, trace to some gravel, well- cemented, slightly moist (fresh GLACIAL TILL) _ SM Lightly -gray, very- dense, silty fine SAND, trace to some gravel, 5 well- cemented, slightly moist (fresh GLACIAL TILL) 6 • 7 _^ Test pit terminated @ 5.0 ft, groundwater not encountered. 8 9 10 Depth ft. USCS CLASS. Soil Description Sample No. W % Other Test OL Duff over grass turf on surface 1 Dark- brown, loose, organic, silty fine SAND, with roots to --\ 0.75 -inc- diameter, slightly moist (TOPSOIL) 2 . _ SM Light- brown, medium - dense, silty fine SAND, trace gravel, dry 3 _ 4 SM Lightly -gray, very- dense, silty fine SAND, trace to some gravel, well- cemented, slightly moist (fresh GLACIAL TILL) 5 6 • 7 Test pit terminated @ 4.0 ft, groundwater not encountered. 8 9 10 LIU & ASSOCIATES, INC. Geotechnical Engineering • Engineering Geology Earth Science TEST PIT LOGS PROPOSED 5 -LOT PLAT 4044 SOUTH 152ND STREET TUKWILA, WASHINGTON JOB NO. 5Al24 I DATE 10/4/20051 PLATE 5 Logged By: JSL Logged By: JSL TEST PIT NO. Date: 10/4/2005 TEST PIT NO. 4 Date: 10/4/2005 3 Ground El. 278.0' ± Ground El. 264.0' ± Depth ft. USCS CLASS. Soil Description Sample No. W % Other Test _ OL Grass turf on surface 1 Dark- brown, loose, organic, silty fine SAND, with roots to _ I 2-inc-diameter, slightly moist (TOPSOIL) —/— Brown to light- brown, medium - dense, silty fine SAND, trace gravel and occasional cobble, few roots, dry 2 _ SM 3 4 ^ SM Lightly -gray, very- dense, silty fine SAND, trace to some gravel, moderately- cemented, slightly moist (fresh GLACIAL TILL) 5 — SP /SM Brown, dense to very- dense, slightly silty, fine to medium SAND, 6 trace to some gravel, weakly- cemented, slightly moist — \ (in transition to ADVANCE OUTWASH ?) 7 8 _ Test pit terminated @ 6.0 ft, groundwater not encountered. 9 10 Depth ft. USCS CLASS. Soil Description Sample No. W % Other Test _ 1 2 3 4 5 6 7 8 9 10 Logged By: JSL Logged By: TEST PIT NO. 5 Date: 10/4/2005 TEST PIT NO. 6 Date: LIU & ASSOCIATES, INC. Geotechnical Engineering • Engineering Geology • Earth Science Ground El. 257.6' ± Ground El. t TEST PIT LOGS PROPOSED 5 -LOT PLAT 4044 SOUTH 152ND STREET TUKWILA, WASHINGTON JOB NO. 5Al24 I DATE 10/4/20051 PLATE 6 STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: I. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents �yy en meers contractors other representatives the right to enter upon Owner's real property, located at YV b . j t j 6 SUBSCRIBED AND SWORN TO BEFORE ME ON THIS rc. Kol N �kpe„e Au 4 ARI- u►$ • 10 A �.nv \ t CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail :: tukplan a ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY Print Name Address Phone Number Signature residing at s s for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. G i~-h EXECUTED at 1'en+ (city), W/1 (state), on A/ Z J , 20 ek t e ' O c Lf 0 y q S, 5-2- D <' ocw s t ,4- I/J - ( 30(9- - 104 On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. My Commission expires on 25 DAY OF Apr N01 TAk 4 /a/1a n and!for the St of Washington al- 4 r RECEWED MAY 0 5 2006 COMMUNITY DEVELOPMENT ,20 46' 20041029002953 WHEN RECORDED RETURN TO: Hei Do 4044 South 152nd Street Tukwila, WA 98188 NM 11 200410 STEWART TITLE WD PAGE001 OF 003 10/29/2004 15:16 COUNTY, WA E208070 10/29/2004 15:11 KING COUNTY, WA TAX 9,236.42 SALE $58,900.00 PAGE001 OF 001 STATUTORY WARRANTY DEED Grantor: R. Bryan Harrison 4 6 1, l L Grantee: Hiep A. Do STEINART TITLt Legal Description (abbreviated)(Full Legal on page 1 hereof): PTN. LTS. 18 -19, BLK. . 4, FIRST ADD. TO ADAMS HOME TRACTS, VOL. 12, PG. 50. Assessor's Tax Parcel ID #: 004100- 0600 -05 • THE GRANTOR, R. Bryan Harrison, a single person, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid, conveys and warrants to Hiep A. Do, a single man, the following described real estate, situated in the County of King, State of Washington: PARCEL A: THE SOUTH 207.50 FEET OF LOTS 18 AND 19, BLOCK 4, FIRST ADDITION TO ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 50, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18; (ALSO KNOWN AS LOT A OF UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NUMBER 8603001 APPROVED APRIL 8, 1986, BEING A REVISION OF UNRECORDED LOT LINE ADJUSTMENT NUMBER 1285062, APPROVED JANUARY 13, 1986); PARCEL B: AN EASTEMENT FOR INGRESS AND EGRESS OVER THE EAST 10 FEET OF THE PROPERTY ADJOINING TO THE EAST, AS PROVIDED FOR BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9210202572. K� ,,`^ Grantor; Grantees AV STATUTORY WARRANTY DEED - 1 RECEIVED APR 0 5 2006 COMMUNITY DEVELOPMENT SUBJECT TO: Restrictions, easements and covenants of record, as ATTACHED hereto and incorporated herein by reference as Exhibit "A ". ACKNOWLEDGED AND ACCEPTED AS TO CONTENT AND FORM: STATE OF WASHINGTON COUNTY OF KING JOHN S. FORDERHASE S TATE OF WASHINGTON NOTA RY — • _ PUBLIC �� • Lf lomissIoN EXPIRES 04 46.07 STATUTORY WARRANTY DEED - 2 • • ss. Dated this R. Bry Harrison day of October, 2004. On this day personally appeared before me R. Bryan Harrison, to me known, or proved to me on the basis of satisfactory evidence, to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the purposes therein mentioned. GIVEN UNDER MY HAND an d L teal this �% day of October, 2004. NOTA PUBLIC in and for the State of ashington, residing at Seattle Print Name: John Stephen Forderhase My commission expires 4-4 -07 LV V`? I STATUTORY WARRANTY DEED - 3 • • EXHIBIT "A" to STATUTORY WARRANTY DEED TITLE TO PROPERTY SUBJECT TO THE FOLLOWING: ROAD MAINTENANCE PROVISIONS, AND THE TERMS AND CONDITIONS THEREOF, CONTAINED IN INSTRUMENT: RECORDED: OCTOBER 20, 1992 RECORDING NUMBER(S): 9210202572 TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS, IF ANY, AS CONTAINED IN UNRECORDED LOT LINE ADJUSTMENT NO. 8603001 AS DISCLOSED BY THE KING COUNTY TAX ROLLS. 9210202572 EASEMENT FOR'INGRESS, EGRESS, AND UTILITIES For and in consideration of TEN AND NO /100 DOLLARS ($10.00) in hand paid, the benefits derived and to be derived by the Grantors herein, and other good and valuable consideration, receipt whereof is hereby acknowledged, Grantors, BRIAN J. MATTHEWS and TERESA E. MATTHEWS, husband and wife, hereby convey and warrant to Grantees, ESTATE OF GRETCHEN STELZER, aka MARGARET STELZER, their successors and assigns, a perpetual, nonexclusive easement under, over, through and across the property described in Exhibit A, attached hereto and by this reference incorporated herein, for ingress, egress, and utilities now in place or hereafter constructed; C\. a p The above - described easement is appurtenant to and for the benefit of the present owners, their heirs and assigns, of the pro ert CV described in Exhibit B, attached hereto and by this reference CD incorporated herein; 1. Grantees shall have the right at all times to enter the premises described above for the purpose of inspecting, maintaining, improving, repairing, constructing, reconstructing, locating and relocating the ingress and egress access and utilities lines. 2. It is understood that the utilities lines as presently constituted serve only the grantees. The cost of any inspection, maintenance, improvement, repair, construction, reconstruction, or relocation of the utilities lines shall be borne by the Grantee and their successors and assigns for so long as the utilities lines serve only the Grantees and their successors and assigns. If at such time in the future as the utilities lines also serve the Grantors, the above costs shall be borne on a pro -rata basis. 3. It is understood that the access for ingress and egress as presently constituted serves as the primary access for. the Grantors and not as primary access for the Grantees. The cost of any inspection, maintenance, improvement, repair, construction, reconstruction, or relocation of the roadway shall be borne by the Grantors and their successors and assigns for so long as the Grantees do not use the easement as their primary access to their property. This obligation to pay for costs shall only apply to that portion of the access which from the highway to the Grantor's residence. If at such time the Grantees or their successors, use the easement for their primary access to their property, the above costs shall be borne on a pro -rata basis. 10 rarESSIMENIEMBEIIIN • EXCISE TA . ,:.. . r PA 6E 20 • EXHIBIT A The West 10 feet of the East 60 feet of the South 207.5 feet of Lot 18, Block 4, First Addition to Adams Home Tracts, according to the plat recorded in volume 12 of plats, page 50, in King County, Washington. t CV EXHIBIT B ..,, I— CD The Ssouth 207.50 feet of Lots 18 and 19, Block 4, First CV Addition to Adams Home Tracts, according to the plat thereof .• 0^ recorded in Volume 12 of Plats, page 50, in King County, Washington; EXCEPT the east 60.00 feet of said lot 18. • : J .a W f N 7 7 f • • OCT P6 •92 0:1 :0 Y IN WITNESS WHEREOF this easement is executed on thisSfi)l,f}1 day of October, 1992. Up N STATE OF WASHINGTON ) O ) aa. o ; O CV COUNTY OF KING ,F� N :o )1-• / Teresa E. Matthews V I hereby certify that I know or have satisfactory evidence that BRIAN J. MATTHEWS and TERESA E. MATTHEWS are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. ft DATED this r yjs. day of October, 1992. NOTARY PUBLIC in and for t e -- State of Washington, Residing at: e My commission expires; C 20041029002954 Return To: People's Choice Home Loan, Inc. DBA People's Choice 7515 IRVINE CENTER DR., IRVINE, CA 92618 Assessor's Parcel or Account Number: 004100 - 0600 --05 Abbreviated Legal Description: !S. I% "1`1, lbi ld and pI a't or section, tow a nd ra n�el , Trustee: Karen L. Gibbon, P.S. 20041029002954 STE1JART TITLE OT 39.00 PAGE001 OF 020 KING9COUNTY, 8 A - r�� ., kip description located on page Full Additional Grantees located on page [Space Above This Line For Recording Data) DEED OF TRUST MIN 100273900101554623 10155462 WASHINGTON- Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WITH MERS C1-6A(WA) (0012).03 Page 1 of 15 Initials: t VMP MORTGAGE FORMS - (800)521 -7291 TITLE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated October 28, 2004 together with all Riders to this document. (B) "Borrower" is HIEP A. DO, A SINGLE MAN Borrower is the trustor under this Security Instrument. (C) "Lender" is PEOPLE'S CHOICE HOME FUNDING, a WYOMING CORPORATION Form 3048 1/01 20041029002954.001 Lender is a CORPORATION organized and existing under the laws of WYOMING Lender's address is 7515 IRVINE CENTER DR., IRVINE, CA 92618 (D) "Trustee" is Karen L. Gibbon, P. S. , 6317 Phinney Avenue Seattle, WA 98103 • • (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS. (F) "Note" means the promissory note signed by Borrower and dated October 28, 2004 The Note states that Borrower owes Lender FOUR HUNDRED THOUSAND AND 00 /100 Dollars (U.S. $400,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2034 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "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]: LXJ Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider O Balloon Rider LI Planned Unit Development Rider 0 1 -4 Family Rider El VA Rider 0 Biweekly Payment Rider [] Other(s) [specify] (J) "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. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charge that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and /or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 10155462 Initials: Page 2 of 15 Form 3048 1/01 - 8A(WA) (0012).03 20041029002954.002 © - 6A(WA) (0012).03 • • (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage Ioan" under RESPA. (R) "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 The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY [Type of Recording Jurisdiction] of King [Name of Recording Jurisdiction] : SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT 'A' Parcel ID Number: 004100-0600-05 which currently has the address of 4044 SOUTH 152ND STREET [Street] 9 EIM u lfiFr 1-1234,1(Q- [City] , Washington 98188 [Zip Code] ( "Property Address "): 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." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 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 10155462 Initials:'' Page 3 of 15 Form 3048 1/01 200410291)02954.UU3 10155462 4211-6A(wAt (0012).03 • • 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 - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and 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 Security Instrument be made 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, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, 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 within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal 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 principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists 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 application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the 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 lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to 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 InitialsdM Page 4 of 15 Form 3048 1101 20041029002954.004 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 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 within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are 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, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest 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 interest or earnings 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 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 to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the 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, Borrower shall pay them in the manner provided in Section 3. 10155462 Lebip -6A(WA) (0012).03 wts • • Initials: 1 A° Page 5 of 16 Form 3048 1/01 20U41UZVUUZ5b4.UUb Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by 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 periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by 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 policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and /or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. 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 applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to 10155462 - 6A(WA) (0012).03 • Initials: Page 6 of 15 Form 3048 1/01 20041029002954.006 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 in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to 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 Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when 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 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 covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If 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 reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 10155462 - 6A(WAI (00121.03 • • Initials: ► l� 1 Page 7 of 15 Form 3048 1101 20041029002954.007 • • 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien 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 appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 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 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 maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, 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, 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 period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of 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 it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. 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 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). 10155462 trAft - 6A(WA) (0012).03 Initials:0 Page 8 of 15 Form 3048 1/01 20041029002954.0013 • • 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 modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to 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. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security 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 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 Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following - fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument 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 claim for damages, Borrower fails 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 Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. 10155462 ©- 6A(WA) (0012).03 Initials: 1440 Page 9 of 15 Form 3048 1/01 20041029002954.009 10155462 C) - 6AIWA) (0012).03 • • Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. 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. 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 original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services 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 limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a 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 Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. 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 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 been given to Borrower when mailed by first class mail or when actually delivered to Borrower's Initials:f+� Page 10 of 15 Form 3048 1/01 20041029002954.010 • • notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable 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 any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address 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 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 jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of 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, 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 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 fails 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 discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by 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) 10155462 - 6A(WA) (0012).03 Initials: t �/ Page 11 of 15 Form 3048 1/01 20041029002954.011 • • certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if 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 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 prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, 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 Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the 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 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. 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, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is Iocated that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, 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 substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of 10155462 Initials: ©- 6A(WA) (0012).03 Page 12 of 15 Form 3048 1/01 ZUU41 U'LUUU'LUb4.U1 L release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other 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. 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 at public auction at a date not less than 120 days in the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non - existence of a default or any other defense of' Borrower to acceleration and sale, and any other matters required to be included in the notice by Applicable Law. If the default is not cured on or before the date specified in the notice, Lender at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in 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 limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons 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. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 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 Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 10155462 ©- 6AIWA1 (00121.03 • • Initials: Page 13 of 15 Form 3048 1/01 20041029002954.013 • • 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 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. Witnesses: 101554 62 - 6A(WA) (0012).03 7 (Seal) HIEP A(! DO - Borrower (Seal) - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower -Borrower (Seal) (Seal) - Borrower -Borrower Page 14 of 15 Form 3048 1/01 20041029002954.014 • STATE OF WASHINGTON County of On this day personally appeared before me HIEP A. DO to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that heLshelthey.signed the same as his/heBitbeiPfree and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 10155462 I m JOHN S. FORDERHASE STATE OF WASHINGTON NOTARY— • — PUBLIC Y COMM1S$TON EXPIRES 04-06 -07 - 6A(WA) (0012).03 Ss: day of 0 . •Zta) Notary Pub in and for the State of Washington, residing at My Appointment Expires on 4 _ y e-o 20 G,2 I Initials: Page 15 of 15 Form 3048 1/01 20041029002954.015 Order Number. 200491183 • • EXHIBIT "A" PARCEL A: THE SOUTH 207.50 FEET OF LOTS 18 AND 19, BLOCK 4, FIRST ADDITION TO ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 50, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18. (ALSO KNOWN AS LOT A OF UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NUMBER 8603001, APPROVED APRIL 8, 1986, BEING A REVISION OF UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NUMBER 1285062, APPROVED JANUARY 13, 1986); PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 10 FEET OF THE PROPERTY ADJOINING TO THE EAST, AS PROVIDED FOR BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9210202572. 20041029002954.016 THIS FIXED /ADJUSTABLE RATE RIDER is made this 28th day of October, 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 ("Borrower) to secure Borrower's Fixed /Adjustable Rate Note (the "Note ") to PEOPLE'S CHOICE HOME LOAN, Inc., a WYOMING CORPORATION , DBA PEOPLE'S CHOICE HOME FUNDING. ( "Lender ") of the same date and covering the property described in the Security Instrument and located at: 4044 SOUTH 152ND STREET, 3bit WASHINGTON 98188 T ADDITIONAL COVENANTS. In addition -to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 6.990 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the 1st day of, November, 2006 and the adjustable interest rate I will pay may change on that day every 6 months thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." 10155462 • • FIXED /ADJUSTABLE RATE RIDER (LIBOR Six -Month Index (As Published In The Wall Street Journal)* Rate Caps) Including Prepayment Penalty [Property Address] THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE AND FOR CHANGES IN BORROWER'S MONTHLY PAYMENTS. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. 20041029002954.017 ioarrl page 1 of 4 09/30/03 • • (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six -month U.S. dollar- denominated deposits in the London market ( "LIBOR "), as published in The Wall Street Joumal. The most recent Index figure available as of the date 45 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 that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding three and three- quarters percentage points (3.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. Beginning on the First Principal and Interest Payment Due Date, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment, until the next Change Date. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.990 % or less than 6.990 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 13.990 %. My interest rate will never be less than 6.990 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. (G) Date of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest Payment Due Date ") shall be the sixty first monthly payment due date. Each monthly payment thereafter shall consist of both Principal and interest. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: 10155462 20041029002954.018 ioarr2 page 2 of 4 09/30/03 • Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in th 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 if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such 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 Tess than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be 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, 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 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. 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; and (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 Instrument Is acceptable to 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. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the 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 releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Tess than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all 10155462 20041029002954.019 ioarr3 page 3 of 4 09/30/03 sums secured by this Security Instrument. If Borrower fails 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. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only before it is due is known as a '?repayment." When 'I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments then due under this Note. The Note Holder will use my Prepayment to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to any accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an increase in the interest rate. If within Twenty-four (24) months from the date of execution of the Security Instrument, I make full Prepayment or partial Prepayment, and the total of such Prepayment(s) in any 12 -month period exceeds twenty percent (20 %) of the original Principal amount of the loan, I will pay a Prepayment charge in an amount equal to 6 months' advance interest on the amount by which the total of my Prepayment(s) within that 12 -month period exceeds twenty percent (20 %) of the original Principal amount of the loan. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed /Adjustable Rate Rider. HIEP A. DO • • (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) - Borrower (Seal) - Borrower 20041029002954.020 10155462 ioarr4 page 4 of 4 09130/03 Return To: People's Choice Home Loan, Inc. DBA People's Choice 7515 IRVINE CENTER DR., IRVINE, CA 92618 r l(j of 05 Assessor's Parcel or Account Nnmben 1 gi l.vs 4Ltd trenegal Descriptio : • �C6L l`c� Sa [Include lot, block and pet or section, township and range) Full legal description located on page • • [Space Above this Line For Recording Data] THIS DEED OF TRUST is made this 28th among the Grantor, HIEP A. DO, A SINGLE MAN Karen L. Gibbon, P.S. (herein "Trustee "), and the Beneficiary, Mortgage Electronic Registration Systems, Inc. ( "MERS "), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns). MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679-MERS. People's Choice Home Loan, Inc. DBA People's Choice Home Funding , ('Lender ") is organized and existing under the laws of WYOMING , and has an address of 7515 IRVINE CENTER DR. , IRVINE, CA 92618 BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of King , State of Washington: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT 'A' (A.P.N. #: 004100- 0600 -05) which has the address of 4044 SOUTH 152ND STREET sramtua - 714-4-)11a, /a. (herein "Property Address "); 10155477 WASHINGTON - SECOND MORTGAGE - 1/80 - FNMA /FHLMC UNIFORM INSTRUMENT WITH MERS - 76N(WA) (0208) Form 3848 Amended 2/99 Page 1 of 5 Initials: I_ VMP MORTGAGE FORMS - (800)521 -7291 1111 1111 I 20041029002955 STEWART TITLE DT 25. 10 /229//2004 15610 KING COUNTY, uA DEED OF TRUST [City], Washington 98188 MIN 100273900101554771 day of Oc , 2004 � TEWART TITLE Wbt -tl. IL g3 (herein "Borrower "), [Street], [Zip Code], • • TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Deed of Trust; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Deed of Trust. TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated October 28, 2004 and extensions and renewals thereof (herein `Note "), in the principal sum of U.S. $ 100, 000.00 , with interest thereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on November 1, 2034 ; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds ") equal to one - twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Deed of Trust. and ground rents on the Property, if any, plus one - twelfth of yearly premium installments for hazard insurance, plus one - twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional Lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,* and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. 10155477 (s. - 76N(WA) (0208) Initials: Page 2 of 5 Form 3848 If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perfonn the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, decd of trust or other security agreement with a lien which has priority over this Deed of Trust. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co- signing this Deed of Trust only to grant and convey that Borrower's interest in the Properly to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designatc by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Deed of Trust. In the event that any provision or rlause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees' include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of Trust. 10155477 .76N(WAI (0208) • • Initials: Page 3 of 5 Form 3848 • • If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property at public auction at a date not less than 120 days in the future. The notice shall further inform Borrower of (i) the right to reinstate after acceleration, (Ii) the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure, and (iii) any other matters required to be included in such notice by applicable law. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred In pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require. After the lapse of such time as may be required by applicable law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of the Property for a period or periods not exceeding a total of 30 days by public announcement at the time and place fixed in the notice of sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto, or to the Clerk of the Superior Court of the County in which the sale took place. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the tenth day before sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender In Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 10155477 �y Initials: �[J►/ C 49 - 76NIWA) (02081 Page 4 of 5 Form 3848 STATE OF WASHINGTON 21. Substitute Trustee. In accordance with applicable law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 22. Use of Property. The Property is not used principally for agricultural or fanning purposes. County of IL: --(( On this day perlonally appeared before me Nee() A. O 10155477 • • JOHN S. FORDERHASE STATE OF WASHINGTON NOTARY —. _ PUBLIC M Y COMMISSION EXPIRES 04-04 07 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed of Trust, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Deed of Trust. (Seal) (Seal) HIER A. - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) -Borrower - Borrower }ss (Sign Original Only] to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that he/she/they signed the same as his/heritheir.fiee and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 0 , Z oo ` ( . Notary Public and for the State of Washington, residing at � L My Appointment Expires on CS ® - 76N(WA) (0208) Page 5 of 5 Form 3848 Order Number. 200491183 • • EXHIBIT "A" PARCEL A: THE SOUTH 207.50 FEET OF LOTS 18 AND 19, BLOCK 4, FIRST ADDITION TO ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 50, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18. (ALSO KNOWN AS LOT A OF UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NUMBER 8603001, APPROVED APRIL 8, 1986, BEING A REVISION OF UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NUMBER 1285062, APPROVED JANUARY 13, 1986); PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 10 FEET OF THE PROPERTY ADJOINING TO THE EAST, AS PROVIDED FOR BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9210202572. 20050428000985 04/2PAGE002 OF 001 55 NFL 0.00 ing 10 DIVISION OF CHILD SUPPORT KING COUNTY ! PO BOX 11520 TACOMA WA 98411 -5520 Grantor or Debtor. doing business as: STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES DIVISION OF CHILD SUPPORT (DCS) NOTICE AND STATEMENT OF LIEN. Hiep A. Do Grantee or Creditor. The Department of Social and Health Services (DSHS). Legal Description: , also known as or Assessor's Property Tax Parcel Account Number: . DSHS claims that the debtor named above owes past -due child support. The Division of Child Support (DCS) files a lien in the amount of $ 4,552.38 in King County on: ® All real and personal property of the debtor named above except Tribal Trust property. ❑ Only the property described in the Legal Description section above. April 14, 2005 Date (206) 341 -7000 Telephone Number In reply, refer to: Case #: 1835483 NOTICE AND STATEMENT OF LIEN DSHS 09-282 (REV. 0411997) M. Dillard Authorized Representative DIVISION OF CHILD SUPPORT M. Dillard Person to Contact (FO REL:00/I999) (3433:050414:015114) 1835483/3433 20050428000985.001 In the matter of the short plat submitted for your approval, this Company has examined the records of the DEVE 0 County Auditor and County Clerk of KING County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KING County, to -wit: VESTED IN: HIEP A. DO, AS HIS SEPARATE ESTATE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200 . 0 0 TAX: $ 17.60 Records examined to January 6, 2006 By ' HICAGO TITLE INSURANCE COMPAD • 3400 COLUMBIA CENTER, 701 5TH AVE IIP SEATTLE, WA 98104 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat SEE SCHEDULE A (NEXT PAGE) at 8:00 A.M. CHICAGO TITLE INSURANCE COMPANY HARRIS /EISENBREY Title Officer (206)628 -5623 Order No.: 1198391 4I E veD APR U 5 2006 SHPLATA /12-5 -90 /EK 1 • 'CHICAGO TITLE INSURANCE COMPA+ SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION THE SOUTH 207.50 FEET OF LOTS 18 AND 19, BLOCK 4, FIRST ADDITION TO ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 50, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18; (ALSO KNOWN AS LOT A OF UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NUMBER 8603001 APPROVED APRIL 8, 1986, BEING A REVISION OF UNRECORDED LOT LINE ADJUSTMENT NUMBER 1285062); TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 10 FEET OF THE PROPERTY ADJOINING TO THE EAST AS PROVIDED FOR BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 9210202572. CHICAGO TITLE INSURANCE COMPANY Order No.: 1198391 t GENERAL EXCEPTIONS: • • CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: B. Rights or claims of parties in possession not shown by the public records. D. Easements or claims of easements not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. CHICAGO 1771.E INSURANCE COMPANY Order No.: 1198391 A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT 1S ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). SHPIATB /Q31694/soc YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE - IMPROVEMENTS: GENERAL & SPECIAL TAXES: GENERAL & SPECIAL TAXES: GRANTOR: TRUSTEE: BENEFICIARY: • ' HICAGO TITLE INSURANCE COMP SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS A 1. COVENANT TO BEAR PART OR ALL OF THE COST OF CONSTRUCTION OR REPAIR OF EASEMENT GRANTED OVER ADJACENT PROPERTY: PURPOSE OF EASEMENT: INGRESS, EGRESS AND UTILITIES RECORDING NUMBER: 9210202572 B 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): 2005 004100- 0600 -05 2413 $ 80,000.00 $ 165,000.00 BILLED: $ 3,264.70 PAID: $ 1,632,35 UNPAID: $ 1,632,35 Order No.: 1198391 c 3. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2006 TAX ACCOUNT NUMBER: 004100- 0600 -05 LEVY CODE: 2413 ASSESSED VALUE -LAND: $ 84,000.00 ASSESSED VALUE - IMPROVEMENTS: $ 177,000.00 BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE n 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: CHICAGO 11 ILE INSURANCE COMPANY HIEP A. DO, A SINGLE MAN KAREN L. GIBBON, P.S. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PEOPLE'S GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: F 6 . JUDGMENT: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: AGAINST: IN FAVOR OF: FOR: ENTERED: JUDGMENT NUMBER: SUPERIOR COURT CAUSE NUMBER: ATTORNEY FOR CREDITOR: • HICAGO TITLE INSURANCE COMP ' SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS CHOICE HOME FUNDING $ 400,000.00 OCTOBER 28, 2004 OCTOBER 29, 2004 20041029002954 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED: 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: HIEP A. DO, A SINGLE MAN KAREN L. GIBBON, P.S. PEOPLE'S CHOICE HOME LOAN, INC., DBA PEOPLE'S CHOICE HOME FUNDING $ 100,000:00 OCTOBER 28, 2004 OCTOBER 29, 2004 20041029002955 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. HIEP ANH DO ANGIE NGUYEN $ 5,000.00 FEBRUARY 8, 2005 05 -9- 04421 -2 04 -3- 03299 -1 R. HAYS GODDARD NOTE: THE LIEN OF SAID JUDGMENT DEPENDS UPON THE IDENTITY OF THE JUDGMENT DEBTOR WITH HIEP A. DO. 7. LIEN CLAIMED BY THE STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES: AGAINST: IN THE AMOUNT OF: HIEP A. DO $ 4 CHICAGO 111 LE INSURANCE COMPANY Order No.: 1198391 SHPIA783/1217 90 /EK • HICAGO TITLE INSURANCE COMP. SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS RECORDED: APRIL 28, 2005 RECORDING NUMBER: 20050428000985 i PROVIDED SAID LIEN DEBTOR IS IDENTICAL WITH HIEP A. DO. 8. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE 1: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PORS LOTS 18 -19, BLOCK 4, VOLUME 12 PLATS PG 50. AS OF JANUARY 6, 2006, THE TAX ACCOUNT FOR SAID PREMISES IS 004100 - 0600 -05. END OF SCHEDULE B CHICAGO III LE INSURANCE COMPANY Order No.: 1198391 SHPIATB3 /12-12 -90 /EK IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. 104431s 73201 0010 U 73201 0020 0 1MA 7 19 40979 130014 nob/ VOL 68 -9 0060 169611 0555 i l0 so. 614 v v VOL 12 , CHICAGO TITL, SURANCE COMPANY i 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 PHONE: (206)628 -5623 FAX: (206)628 -5657 1311.45 First Addition to Adams Home Tracts, 12/50 7] 43.10 la 1.44 uv IL, I {0.71 It 3 1 , NO Lz17sw -035 IItUi .10 . [ ......... 0567 88 154701 6• _ . 4'4 .U 41.75 eo •03 O41 /•. ` 1 16663/ 21 o . i 4 CI's:. 1 ^ 0.1 IL 1 r.- :10 co 1300613 1 i11. 0635 1 066 •t0'050(S0) Ois 0153 0621 O .o • 37975/s 85.13 95961 0565 292651 20 0620 0571 2 0 • osiii 3,,i.. (s.1.. 11551 . ••� - •+Ss.So TUK SP 91-03-SS \I e 0608 n S 15 CA:SCA o c • 73201 0030 01 ..„ ✓O .'y'a��§ eQ y O 1310)11 H I, `� 7713 - 173441s = 1 0 0 3 1 �Ql ._._._ 0597 i I KC SP 36001 • 0596 66561` II.' 1 = 0702091220 N .,. . so ' 1 I 1531011 4 11.3 S 152ND T ...._...�.. - -._ x_.....-.---'100.. 6 +o i Ye` 0595 69431s x.0025 16001s 1483 14'w 1 30 i"i :`' 6 710131 3b f 0590 3.13 lil..... -_ 75 30 G N CHICAGO TITLe INSURANCE COMPANY • 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 PHONE: (206)628 -5623 FAX: (206)628 -5657 O R D E R R E F E R E N C E I N F O R M A T I O N w PARAGRAPH NUMBER(S) 2 OF OUR COMMITMENT IS (ARE) ELIMINATED. o THE FOLLOWING PARAGRAPH(S) HAS (HAVE) BEEN ADDED TO OUR COMMITMENT: ✓ PARAGRAPH NUMBER 9: • 1. JUDGMENT: SUPPLEMENTAL COMMITMENT SUPPLEMENTAL NUMBER: 1 SELLER: PURCHASER /BORROWER: HIEP A. DO PROPERTY ADDRESS: WASHINGTON AGAINST: IN FAVOR OF: FOR: ENTERED: JUDGMENT NUMBER: SUPERIOR COURT CAUSE NUMBER: ATTORNEY FOR CREDITOR: s PARAGRAPH NUMBER(S) 3 HAS (HAVE) BEEN AMENDED AS FOLLOWS: SEE NEXT PAGE ORDER NO: 001198391 YOUR NO: DO SHORT PLAT UNIT NO: 10 LOAN NO: RECEIVED 'APR 0 5 2006' COMMUNITY DEVELOPMENT Our Title Commitment dated 01/06/06 at 8:00 A.M. is supplemented as follows: HIEP A. DO AND JANE DOE DO, HUSBAND AND WIFE DISCOVER BANK, ISSUER OF THE DISCOVER CARD $ 14,849.16 JANUARY 13, 2006 06 -9- 01464 -8 06 -2- 02353 -6 PATRICK JAMES LAYMAN R NOTE: THE LIEN OF SAID JUDGMENT DEPENDS UPON THE IDENTITY OF THE JUDGMENT DEBTOR WITH HIEP A. DO, HEREIN. s SAID JUDGEMENT HAS ALSO BEEN RECORDED UNDER RECORDING NUMBER 20060202001416. ✓ 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): SUPPLCOM /RDA /0999 T U YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE -LAND: ASSESSED VALUE - IMPROVEMENTS: GENERAL & SPECIAL TAXES: MARCH 6, 2006 AUTHORIZED BY: MIKE HARRIS CRAMER NORTHWEST RYAN JOB #2005 -030 HIEP A. DO * CHICAGO TITLE INSURANCE COMPA SUPPLEMENTAL COMMITMENT (Continued) 1/1 1/1 Order No.: 1198391 Your No.: DO SHORT PLAT Unit No.: 10 2006 004100 - 0600 -05 2413 $ 84,000.00 $ 177,000.00 BILLED: $ 3,381.67 PAID: $ 0.00 UNPAID: $ 3,381.67 THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE JANUARY 6, 2006, EXCEPT THE MATTERS NOTED HEREINABOVE. NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: SUPLCOM2 /RDA /0999 WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 • • Grantor: Hiep A. Do, an individual Grantee: City of Tukwila, a municipal corporation of King County, Washington Legal Description (Abbreviated): A Portion of the SE V4 of the NW 1/4, Sec. 22, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit `A' of this document. Assessor's Tax Parcel ID Numbers: 004100 -0600 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Hiep A. Do, an individual, ( "Grantor), and the City of Tukwila, a Washington municipal corporation ( "Grantee "). RECITALS WHEREAS, Grantor owns and has applied for necessary permits to develop certain real property (the "Property") legally described in Exhibit A, which is attached and incorporated by reference. WHEREAS, a portion of the Property contains sensitive areas and the Property is adjacent to sensitive areas of potential geologic instability (potential slide areas). WHEREAS, as a condition of the issuance of short subdivision approval, land use permits, and/or construction permits for the Property, the Grantee required the Grantor to execute and record this "Sensitive Area Covenant and Hold Harmless Agreement" to hold the City of Tukwila harmless from all loss incurred as a result of any landslide or seismic activity, or soil disturbance. • • WHEREAS, Grantor assumed this obligation in order to obtain said short subdivision approval under permit L06 -027, and/or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by Liu & Associates, Inc., dated October 5, 2005. WHEREAS, the parties agree that this agreement constitutes an arms length, bargained- for agreement, which includes a waiver of liability that runs with the land for risks created by the proposed use of property because of the shape, composition, location or other characteristic unique to the Property sought to be developed. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. In consideration of Grantee issuing development permits, which constitutes good and valuable consideration, the receipt of which and the sufficiency of which the Grantor hereby acknowledges, the Grantor shall defend, indemnify, and hold the Grantee, its officers, officials, employees, agents, and assigns harmless from any and all claims, injuries, damages, losses, or suits, whether brought by grantor or third parties, including all legal costs and reasonable attorney fees, arising out of or in connection with any injuries or damages to persons or property caused in whole or in part by any landslide or seismic activity or soil disturbance on the Property, legally described in Exhibit A, which is attached and incorporated by reference. 2. Grantor on its own behalf and on behalf of its heirs, successors and assigns hereby waives any right to assert any claim against the Grantee, its officers, officials, employees, agents, and assigns for any loss, or damage to people or property either on or off the site resulting from any landslide or seismic activity or soil disturbance on said Property by reason of or arising out of the issuance of the permit(s) by the City for development on said Property except only for such losses that may directly result from the sole negligence of the City. 3. Grantor will inform its successors and assigns of said Property that the Property is in an area of potential geologic instability (potential slide area), of the risks associated with development thereon, of any conditions or prohibitions on development imposed by the City of Tukwila, and of any features in this design which will require maintenance or modification to address anticipated soils changes. 4. Grantee's inspection or acceptance of any of the Grantor's construction or other work either during construction or when completed shall not be grounds to avoid any of these covenants of indemnification. 5. This covenant and hold harmless agreement shall be a covenant running with the land and the rights and obligations contained herein shall run with and burden the Property, including each parcel comprising the Property and shall inure to the benefit of and be binding upon the Grantor and Grantee, their successors and assigns. • • IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this day of , 2006. STATE OF WASHINGTON) )ss. County of King ) Authorized Signature Authorized Signature I certify that I know or have satisfactory evidence that and is /are the person(s) who appeared before me, and said individual(s) acknowledged that he /she /they signed this instrument and acknowledged it to be his/her /their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires GRANTEE: CITY OF TUKWILA ATTEST: Mayor City Clerk STATE OF WASHINGTON ) ) ss. County of King ) • • DATED this day of , 2006. On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and , known to me to be the Mayor and City Clerk, respectively, of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he /she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. print name NOTARY PUBLIC in and for the State of Washington, residing at • • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE SOUTH 207.50 FEET OF LOTS 18 AND 19, BLOCK 4, FIRST ADDITION TO ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 50, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18; . (ALSO KNOWN AS LOT A OF UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NUMBER 8603001 APPROVED APRIL 8, 1986, BEING A REVISION OF UNRECORDED LOT LINE ADJUSTMENT NUMBER 1285062); TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 10 FEET OF THE PROPERTY ADJOINING TO THE EAST AS PROVIDED FOR BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 9210202572. - -- MM . 0 • • s„ Date: September 23, 2003 • \k, • 2 r NMI • • I Map Legend Level 2 Detention Required City Limits • k > r S Not to Scale •Part A (To Be Completed by Applicant) Purpose of Certificate: ❑ ❑ Preliminary Plat or PUD ❑ Other Building Permit i. ' Short Subdivision ❑ Rezone Proposed Use: L21 Residential Single Family ❑ Residential Multi - Family ❑ Commercial ❑ Other Applicants Name: CQ MA E rz 1\ oTC1'N Loo s7 7.*f c Phone: ( 3) gs2 - 4- kat) Propeyty. A dress or Approximate Location: Tax Lot Number. . 1 10 1 S / 5 a.. S! . o o 1 l 02— 0 6 0 0 Legal Description(Attach Map and Legal Description if necessary): A 7-i —q Cr-i • P art:B (T o Be Completedby Sewer Agenc el 1. 5 Sewer Service will be by side sewer connection only to an existing 4 size sewer a. provided F? feet from the site and the sewer system has the capacity to serve the proposed use. OR ❑ b. Sewer service will require an improvement to the sewer system of: ❑ (1) feet of sewer trunk or lateral to reach the site; and/or ❑ (2) the construction of a collection system on the site; and /or ❑ (3) other (describe): 2. (Must be completed if 1.b above is checked) ❑ a. The sewer system improvement is in conformance with a County approved sewer comprehensive plan, OR ❑ b. The sewer system improvement will require a sewer comprehensive plan amendment. 3. QS a. The proposed project is within the corporate limits of the District, or has been granted Boundary Review Board approval for extension of service outside the District, OR ❑ 4. Annexation or BRB approval will be necessary to provide service. 4. Service is subject to the following: PERMIT: $ a. District Connection Charges due prior to connection: GFC: $ SFC: $ UNIT: $ TOTAL: $ (Subject to Change on January 1st) King County/METRO Capacity Charge: Currently, $4250.70 /residential equivalent, will be billed directly by King County after connection to the sewer system. (Subject to change by King Co /Metro without notice.) b. Easements: ❑ Required May be Requir d ■ _i C. Other. Cha ,, j be. c..-w.'..�n ccl 4 + + rkLe 0 f co b'fQAKfYJG 7'04 "JfC6�+�C E�E7'TwF+ By IV a Title IRO I U VV WI, ■wov ++..•••••gyp+` tiVED P. {3ox 69550 C TL ila, WA 98168 0 5 Phone: (206) 242 -3236 2006 Fax: (206) 242 -1527 D ioP RTIFICA'TE OF SEWER AVAILABILITY /NON AVAILABILI Certificate of Sewer Availability OR ❑ Certificate of Sewer Non - Availability I hereby certify that the above sewer agency information is true. This certification shall be valid for one year froaRhg date of signature. zi Vol" Date • CITY OF TUKWILA Community Development Department Permit Center 6300 Southcenter Blvd., Suite 100 Tukwila, WA 981 " F "M Yl':AI �1 :110r�l c rr 1 t rsll9r 71∎ rrR{"i Il . r 7 �q! [ /i+ TM" r� yq ¶a � � J •y , �y� {` Y, � J a1 ' i ± i' 1 Q r( I { r L 1 �'��?(� 1 ; yl�� {�'1�`4f��_o { �. I 1 ti +! u �5 L 1 I ns � � 1 , u { � 1 , 1 )�,,,� 1 ��,,��'..� jl£�iB 4,Z ��. l:�I�11 C7�,1Nf' A'i lT i'1`�11«NPW�fbM.4fr(�1F;. i 4 Y• ^ UW:� H Ii '.11. :WSJ `T. Siftfr Yllrkh"1`r Kti�.{ .. Site address (attach map end legal description showing hydrant location and size of main); n� 1• •: : Address: is I d l A 0 • p H • n LMA „ { r� rS ,{ nE iW Y � M', + .die k�7�ATNOG ELI ,J..� �� �� �l�_ . 9�! U J n�, 1 L1�� .,�S��w�.�r�; u; '+A1M. i4��iY .�' 1 A.� � -»�, a, n Name: Name: Address: Phone: This certificate is for the purposes of: ❑ Residential Building Permit ❑ Preliminary Plat ❑ Commercial /Industrial Building Permit ❑ Rezone Estimated number of service connections and water meter size(s): I Vehicular distance from nearest hydrant to the closest point of structure is Area is served by (Water Utility District): 1-5 ainir ) Owner /Agent Signature ;,.;. Y�7W ?rt] MyQfii' }`�`(H`I{U7hr{ ,'f Yp{Y�.i o n 13:2M E/AIM1�hC�h�,.rG�' 'a i1K915,�.n .ni l�,� v� x' • Y_ "Iw id d� l 1. The proposed project is within 2. No improvements required. 'k-..t,rdct,, k 3. The improvements required to upgrade the water system to bring It Into compliance with the utilities' comprehensive plan or to meet the minimum flow' requirements of the project before connection and to meet the State cross connection control requirements: N (Use separate sheet if more room is needed) 4. Based upon the improvements listed above, water can be provided and will be avaitabte at the site with a flow of at 20 psi residual for a duration of 2 hours at a velocity of $ i 7 fps as documented by the attached calculations. 5. Water jvailebility: Acceptable service can be provided to this project Acceptable service cannot be provided to this project unless the improvements in Item B -2 are met. System is not capable of providing service to this project. I hereby certify that the above information is true and correct. Agency one 2cCo- RECEIVED APR 0 5 2006 COMMUNITY DEVELOPMENT CERTIFICATE OF WATER AVAILABILITY Required only if outside City of Tukwila water district By Lt -4 ) PERMIT NO.: Short Subdivision ❑ Other ft, Permit Center /Build Division: 10631 =3678 Public Works Department: 206 - 433 -0179 Planning Division: 206431-3670 y Date v This certificate is not valid without Water District No. 125's attachment entitled "Attachment to Certificate of Water Availability.” (City/County) Date gpi /2 -0 7-0s Check items submitted with application Information Required. i" IHI V D UM COMMUNITY May be waived in unusual cases; upon. approval Of PublieVorks and/or PlanninPEvEW P T . , . APPLICATION MATERIALS: X . 1. Application Checklist (1 copy) indicating items submitted with application. ..- 2. Completed Application Form and drawings (4 copies).' _„A\ `,� 1 " k 'a-L " . 3. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). ✓ 4. One set of all plans reduced to either 8 1/2" by 11" or 11" by 17 ". 5. Application Fee — up to 4 lots in LDR $570, other zones $1,135 - 5 to 9 lots in all zones $1,135 6. SEPA Environmental Checklist (for projects with 5 -9 lots or cut/fill over 500 cubic yards see SEPA Application Packet) PUBLIC NOTICE MATERIALS: 7. If the project requires SEPA review or involves a short plat of 5 —9 lots: a 4' x 4' public notice board will be required on site within 14 days of the Department determining that a complete application has been received (see SEPA Application). 8. If the project involves a short plat of 5 —9 lots: One (1) set of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. Note: Each unit in multiple - family buildings - -e.g. apartments, condos, trailer parks- -must be included (see SEPA Application) 9. If the project involves a short plat of 5 —9 lots: king County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot PROJECT DESCRIPTION AND ANALYSIS: — 10. Title Report: must clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances, must be dated within 45 days of application filing (two copies). -- 11. Sewer and water availability letters are required from the provider district if the area is not serviced by the City of Tukwila. Forms are available at the DCD office. 12. Provide two copies of sensitive area studies such as wetland or geotechnical reports if needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See the Geotechnical Report Guidelines and Sensitive Area Special Study Guidelines (online at ci.tukwila.wa.us /dcd/dcdplan.htm) for additional information. 2 '�'��' 3. Printed computer plat closure or demonstrated mathematical plat closure on all lots, streets, alleys and boundaries. Allowable error of closure shall not exceed one foot in 5,000 feet. PLAT SURVEY: a template is available from the City in AutoCAD format \ % " - - y COMPLE' , E APPLICATION 'C1:TECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. Howe ver, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206 -431 -3670 (Department of Community Development) and 206 -433 -0179 (Department of Public Works). RECEIVED P:\Planning Fonts \Applications \newSHORTPLT.doc, April 7, 2006 Check:items sah , wifh application Infa fiio G,i ' ; . • 111 n Mc ' be. 3 aived in cgses upon a pPeaval of Public fforks;aud/or !lannrng . . - • .14 (a) The plat survey must include the name of the plat, graphic scale, space for the City of Tukwila file number and north arrow. It shall be drawn with black ink in record of survey format and include the elements listed at TMC 17.04.060 A. This shall be stamped by the surveyor. k (b) kegal , descrbtions of the existin: and 4 o, osed lots. (c) All applicable certificates and approvals (listed on the tem a late, see TMC 17.04.060). (d) Existing and proposed lot lines shown solid with new lines called out and lot lines to be removed shown dashed. le') Lot and block numbers beginning with the number one (1) and numbered consecutively without omission or duplication. Y-- (f) Total lot or parcel sizes and average width of each proposed lot (min 50 ft. for residential). )C (g) Dash in required setback distances from all parcel lot lines. • (h) Fire access lanes and turn- arounds per Fire Department standards. 7< (1) Location of all tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and limitations. Y .-- (j) Locations of existing and proposed public street rights -of -way and private access easements. (k) Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. (I) Vicinity Map with site location, does not have to be to scale. LANDSCAPE PLAN: for 5 - 9 lot short plats or Planned Residential Developments only 15 (a) Landscape planting plan stamped and signed by a Washington State licensed landscape architect. Plan must include at least one tree in the front yard of each lot and meet Public Works standards (TMC 17.20.030 G). Plans must include the type, quantity, spacing and location of all plantings. Maximum sheet size 24" x 36 ". (b) Show all existing trees to be retained and any tree protection measures required (for example fencing at drip line). SENSITIVE AREAS PLAN: 16 (a) Plan showing the location of all sensitive areas (e.g. streams, wetlands, slopes over 15 %, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum sheet size 24" x 36 ". (b) Location of all required sensitive area buffers, setbacks, tracts and protection measures. (c) Show all significant trees (4" or more in diameter measured 4.5 feet above grade), indicating those to be retained and those to be removed. A tree permit will be required for removal of any significant trees within a sensitive area or its buffer. (d) Show proposed lot and tract lines. CIVIL PLANS: 17. (a),One set of all civil plans and analyses shall be stamped, signed and dated by a licensed professional engineer. Include a graphic scale and north arrow. Maximum sheet size 24" x 36 ". (VVertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. See www.ci. tukwila. wa. us/ pubwks/bulletins /floodcontrol.pdf for further information Y\--- (c) .' Existing (dashed) and proposed (solid) topography at 2' intervals (minimum 20 ft. beyond the property line). P:\Ptanning Forms \Applications\newSHORTPLT.doc, April 7, 2006 Check items submitted with application Information Required. . Ali May, be waived in zZlrusual cases, upon approval of Public Worrl Planning (d) Total expected cut and fill for plat buildout. (e) Existing and proposed utility improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. (f) Storm drainage design at least 90% complete, which meets the King County Surface Water Design Manual (KCSWDM). Include a Technical Information Report (TIR) including feasibility analysis if required by the Manual. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. For additional guidance contact Public Works or go to www.ci. tukwila. wa. us /pubwks /pwpermit.htm #techinfo. K (g). Locate the nearest existing hydrant and all proposed hydrants. K (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. (i) Plan, profile and cross - section for any right -of -way improvements. X (j) Show access to lots, driveways, parking areas, fire access lanes and turn- arounds. X (k) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. Show the expected location of all new buildings. < (1) Show proposed lot, tract and easement lines. P:1Planning Forms \Applications\newSHORTPLT.doc, April 7, 2006 Information :Required.. Response Total existing lots prior to Short Plat. C7h l©.� ar \,2cd. - e.v -, k ■�. i Total lots in this Short Plat. fa.) i ok — S Gogh frd ?lea. Total acres involved in the Short Nat. e C I q Constraints (sensitive area, right of way, retentiopldetention areas) in acres or sf. 2.0 0 / s I r — a, r -c-, S l h , 1 c t \7 re.5 tSc.v, 1 ,--‘ 1 a Any preexisting uses? Overall density (lots /acre). 3. O V e.-r- c,.1 4.R, n s -y Check items, . submitted with' . . . applicitinii Information Reg l.:!vfay'be .waived in unusual. cases, upoi�proval.of both Public Works , and=Planning ,- k (d) Total expected cut and fill for plat buildout. 0 (e) Existing and proposed utility easements and improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. V (f) Storm drainage design at least 90% complete, which meets the KCSWDM. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. (g) Locate the nearest existing hydrant and all proposed hydrants. (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. NM- (i) Plan, profile and cross - section for any right -of -way improvements. (j) Show planned access to lots, driveways, fire access lanes and turn - arounds. (k) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. Show the expected location of all new buildings. - (1) Show proposed lot and tract lines. GROWTH MANAGEMENT ACT REQUIRED INFORMATION C:Won1 File,'Red BooIASHTPLTAPP.do4 01110/03 Check items submitted With application Information Required. May be waived in unusual cases, • upon approval of Public: Works and/or Planning. , APPLICATION MATERIALS: 1. Application Checklist (1 copy) indicating_items submitted with application. IINSSrrv 2. Completed Application Form anddrawin s 4 co ). cut( Size, IS? X.2-(1 4 m ASS tr, 3. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). V 4. One set of all plans reduced to either 8 1/2" by 11" or 11" by 17 ". 5. Application Fee - up to 4 lots in LDR $570, other zones $1,135 - 5 to 9 lots in all zones $1,135 7 ; t 6. SEPA Environmental Checklist (for projects with 5 -9 lots or cut/fill over 500 cubic yards see SEPA Application Packet) 1 , 64,60 4., S iriG,;,..t 1 . 0 1 - . A dx,wr f i PUBLIC NOTICE MATERIALS: 56 - AI f rc_ cu ""-'1 ‘a r>-van , 7. If he project requires SEPA review or involves a short plat lots: a 4' x 4' public n ce board will be required on site within 14 days of the Department determining that a complete application has been received (see SEPA Application). / t 8. If the project involves a short plat of 5 -9 lots: One (1) set of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. Note: Each unit in multiple - family buildings - -e.g. apartments, condos, trailer parks-must be included (see SEPA Application) 9. If the project involves a short plat of 5 -9 lots: king County Assessors map(s) which shows the location of each property within 500 ft. of the subject lot PROJECT DESCRIPTION AND ANALYSIS: ✓ 10. Title Report: must clearly establish status as legal lot(s) of record, ownership, all known easements and encumbrances, must be dated within 45 days of application filing (two copies). V 11. Sewer and water availability letters are required from the provider district if the area is not serviced by the City of Tukwila. Forms are available at the DCD office. 5eA mil-, 12. Provide two copies of sensitive area studies such as wetland or geotechnical reports if needed per Tukwila's Sensitive Areas Ordinance (TMC 18.45). See the Geotechnical Report Guidelines and Sensitive Area Special Study Guidelines (online at www.ci .tukwila.wa.us /dcd/dcdplan.htm) for additional information. / ✓ 13. Printed computer plat closure or demonstrated mathematical plat closure on all lots, streets, alleys and boundaries. Allowable error of closure shall not exceed one foot in 5,000 feet. PLAT SURVEY: a template is available from the City in AutoCAD format COMPLEX-, APPLICATION CiRECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206 -431 -3670 (Department of Community Development) and 206 -433 -0179 (Department of Public Works). P:\Planning Forms \Applications\newSHORTPLT.doc, April 7, 2006 • Check .items submitted 7 appii ation Information Req.. - May be waved to unusual cases, . upon approval. of Public Works a ,d/ar Planning . 14 (a) The plat survey must include the name of the plat, graphic scale, space for the City of Tukwila file number and north arrow. It shall be drawn with black ink in record of survey format and include the elements listed at TMC 17.04.060 A. This shall be stamped by the surveyor. , (b) Legal descriptions of the existing ., d proposed to .. (c) All applicable certificates and appro a on the template, see TMC 17.04.060). (d) Existing and proposed lot lines shown solid with new lines called out and lot lines to be removed shown dashed. (e) Lot and block numbers beginning with the number one (1) and numbered consecutively without omission or duplication. (f) Total lot or parcel sizes and average width of each proposed lot (min 50 ft. for residential). (g) Dash in required setback distances from all parcel lot lines. _ (h) Fire access lanes and turn- arounds per Fire Department standards. (i) Location of all tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and limitations. (j) Locations of existing and proposed public street rights -of -way and private access easements. (k) Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. (I) Vicinity Map with site location, does not have to be to scale. LANDSCAPE PLAN: for 5 -9 lot short plats or Planned Residential Developments only P A "U IltiLi kS r iAl ,ipt_ 15 (a) Landscape planting plan stamped and signed by a Washington State licensed landscape architect. Plan must include at least one tree in the front yard of each lot and meet Public Works standards (TMC 17.20.030 G). Plans must include the type, quantity, spacing and location of all plantings. Maximum sheet size 24" x 36 ". i' vik2 -k/ / 11 (b) Show all existing trees to be retained and any tree protection measures required (for example fencing at drip line). SENSITIVE AREAS PLAN: ' I- Q -0144"' 0 � 1 pa .0 16 (a) Plan showing the location of all sensitive areas (e.g. streams, wetlands, slopes over 15 %, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum sheet size 24" x 36 ". (b) Location of all required sensitive area buffers, setbacks, tracts and protection measures. (c) Show all significant trees (4" or more in diameter measured 4.5 feet above grade), indicating those to be retained and those to be removed. A tree permit will be required for removal of any significant trees within a sensitive area or its buffer. (d) Show proposed lot and tract lines. CIVIL PLANS: 17. (a) One set of all civil plans and analyses shall be stamped, signed and dated by a licensed professional engineer. Include a graphic scale and north arrow. Maximum sheet size 24" x 36 ". (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. See www. ci. tukwila. wa. us/ pubwks/bulletins /floodcontrol.pdf for further information (c) Existing (dashed) and proposed (solid) topography at 2' intervals (minimum 20 ft. beyond the property line). P:\Planning Forms \ApplicationsVnewSHORTPLT.doc, April 7, 2006 Check items submitted with application Information Requill • May be waived in unusual cases, upon approval of Public Works and/or Planning (d) Total expected cut and fill for plat buildout. (e) Existing and proposed utility improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. (f) Storm drainage design at least 90% complete, which meets the King County Surface Water Design Manual (KCSWDM). Include a Technical Information Report (TIR) including feasibility analysis if required by the Manual. Call out total existing and proposed impervious surface in square feet. Include all storm drainage conveyance systems, water quality features, detention structures, maintenance access and safety features. For additional guidance contact Public Works or go to www.ci.tukwila.wa.us /pubwks /pwpermit.htm #techinfo. (g) Locate the nearest existing hydrant and all proposed hydrants. (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. (i) Plan, profile and cross - section for any right -of -way improvements. (j) Show access to lots, driveways, parking areas, fire access lanes and turn- arounds. ` (k) Show the location and distance to proposed property lines of all existing structures, indicating those to be removed. Show the expected location of all new buildings. (I) Show proposed lot, tract and easement lines. P:\Planning Forms Applications \newSHORTPLT.doc, April 7, 2006 Imagery rS ,r �.. gz , :r+1: NOV i .`�1 -• C�'' • 4 Scale: 1" = 50 ' r N CityGIS5 Copyright ID 2004. All RJgits Reserved The information contained herein is the proprietary property d the contributors supplied under license and may not be reproduced except as licensed by Oigtal Map Products City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @tukwila.wa.us SHORT PLAT NUMBER L-ie - Or J CALC'0 INL CURVE TABLE: UNE RADIS DELTA ARC Cl 2000' 904151' 31.66' TREE LEGEND: ig DECIDUOUS TREE $ CONIFEROUS TREE TI: 28' FIR Tr 16' FIR 73: 2/18' BIRCHES T4: 2r CHERRY 75: 14' BIRCH T6: 14 MAPLE 17: 16' BIRCH 78: 1 r BIRCH T9: 14' BIRCH T10: I f BIRCH T11: 14' BIRCH T 12: 28' FIR T13: 14' MAPLE T14: 3d FIR T15: 26 FIR T16: 30' FIR T17: 14' BIRCH T1& 10 JUNIPER T19: 8' SPRUCE T20: 18! BIRCH 721: 18' BIRCH 722: 16' BIRCH T23: 14' BIRCH T24: If DECIDUOUS 725: 18' MAPLE 126: 1.': FIR 727: 19' BIRCH T2& 18' BIRCH 729: 20 BIRCH T30 14' BIRCH 731: 14' BIRCH TJ2: 20' BIRCH T33: 1 r BIRCH T34: 1 r BIRCH T35: 16' BIRCH T36: 15' BIRCH FOND CONCRETE IIONUuo W - BRASS DEW 94 CASE - - - _ _ S. 148TH ST. S88 '48007 2649.07 (CALL DT 2649.00' PLATT TL +0620 28 LOT 20 27 DRAINAGE STRUCTURE: /1: SSMH RIM = 261.69 8' PVC E,W. S. CTR. OF CHANNEL - 250.72 /2: CB RIM = 280.74 12" RCP E= 278.94 If RCP W.= 278.94 /3: CB RIM = 259.12 Id RCP E.= 257.47 20% SLOPE: ►A► 28 2 = 20X SLOPE 2,705* S0. FT. ON PROPERTY 27B 2 3995531W 27956 •• • •• � � -- /4: CB RIM = 251.95 If RCP E- 249.74 IY RCP W.= 249.79 If RCP N.= 249.81 If DI S.W.= 249.91 /5: CB RIM = 252.04 INV'S NOT AVAILABLE TL ►0606 HOUSES 1.r -2.r± IL OF PROP. UNE SITE BENCHMARK SET 600 NAIL IN GAP. EL= 265.25 US. FEET INSTRUMENTATION: INSTRUMENT USED: GEODIMETER 600 FIELD SURVEY CONTROL METHOD: CLOSED LOOP TRAVERSE MINIMUM CLOSURE 1:2,000 Eu 1.1.11.1.101 u n01 IerC I S89'061307 19719' I T12 CITY OF TUKWILA SHORT PLAT FOR HIEP DO ,LOCATED IN THE S.E. 1/4, OF THE N. W. 1/4, OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON TL '0605 270 T13 OWNER(S)- HIEP DO ADDRESS. 4044 5. 152ND ST. / F 266 / 60.03' x LOT 18 IL 40605 CM 15 7L '05544 IT EASEMENT REC. NO. 9210202572 y 6 ti 203.61' SURVEY IN S.E. 1/4 OF N.W. 1/4 OF SECTION 22 T 23 N R 4 E. W IN KING COUNTY, WASHINGTON DRAWN BY T.E.C. is 30 9 GUY ANCHOR POLE ,f , GUY ANCHOR -E}- J' -6' WOOD FENCE -lt - 4' WIRE FENCE ■■Q ROCKERY GRAPHIC SCALE 0 BASIS OF BEARINGS: BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF SOUTH 152ND STREET BEING NORTH 8706'00" WEST AS SHOWN ON THE PLAT OF ADAMS' HOME TRACTS, RECORDED IN VOLUME 12 OF PLATS, AT PAGE 50, RECORDS OF KING COUNTY, WASHINGTON. REFERENCE SURVEYS: 1. PLAT OF ADAMS' HOME TRACTS, VOLUME 12, PAGE 50. 2. (REC. NO. 2001054900014) VOLUME 145. PAGE 42. NOTES: 1. MONUMENTS LIST VISITED ON 4-11-2000. 2. THERE ARE NO TREES IDENTIFIED IN THE SENSITIVE AREAS. 3. NO MONUMENTS W/ MAD 83/91 COORDINATES WITHIN I MILE OF PROPERTY. VERTICAL DATUM: NORTH AMERICAN VERTICAL DATUM OF 1988. BENCHMARK: CITY OF SEATTLE BENCHMARK NO. 93V -516 FOUND CONCRETE MONUMENT W/ .3 BRASS DISK IN CASE AT SOUTH 152ND STREET ANS 32ND AVENUE SOUTH ELEVATION = 391.67 U.S. FEET. SITE BENCHMARK: SET 60D NAIL IN GUY ANCHOR POLE ELEVATION = 265.25 U.S. FEET. CONTOUR INTERVAL: 2.00 U.S. FEET. PARENT PARCEL: TL /004100 -0600 40,918* S0. FT. LEGEND: ® FOUND MONUMENT AS DESCRIBED ® SANITARY SEWER MANHOLE ® CLEANOUT L® CATCH BASIN 6. FIRE HYDRANT ID WATER VALVE E l WATER METER OC WATER FAUCET ID GAS VALVE ID GAS METER 18 POWER METER UTILITY POLE I VOLUME PAGE 30 R ECEIVED MAY 0 5 2006 D CO M wU +:.1 E1/EluisfN 1 DATE �)nna JOB NUMBER " �. 1" =30' 47/§ Cramer Northwest Inc. Surveyors Planners & Engineers 945 N. CENTRAL STE. #104. KENT, WA 98032 E-MAIL: cnlmcramemw.com (253)852 -4880 (local) or 1- (800)251 -0189 (toll free) (253)852 -4955 (fax) City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @tukwila.wa.us SHORT PLAT NUMBER DECLARATION: KNOW ALL MEN BY THESE PRESENT THAT WE. THE UNDERSIGNED, OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SHORT SUBDIVISION THEREOF PURSUANT TO RCN 58.17.060 AND ACKNOWLEDGE THAT SAID SUBDIVISION SHALL NOT BE FURTHER DIVIDED IN ANY MANNER WITHIN A PERIOD OF FIVE YEARS, FROM DATE OF RECORD, WITHOUT THE FLING OF A FINAL PLAT. THE UNDERSIGNED FURTHER DECLARE THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SHORT SUBDMSION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. HIEP A DO STATE OF WASHINGTON COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE MF TO ME KNOWN TO BE THE INDMDUAL WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THAT HE/SHE SIGNED THE SAME AS HIS /HER VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIC DAY OF 20 SIGNATURE• NAME AS COMMISSIONED* TM F• MY APPOINTMENT WIRES* STATE OF WASHINGTON COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE INDMDUAL WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THAT HE/SHE SIGNED THE SAME AS HIS /HER VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF 20_ SIGNATURE: NAME AS COMMISSIONED. TM F• MY APPOINTMENT EXPIRES: LAND SURVEYOR'S CERTIFICATE: REGISTERED AS A LAND SURVEYOR BY THE STATE OF WASHINGTON, CERTIFY THAT THIS PLAT IS BASED ON AN ACTUAL SURVEY OF THE LAND DESCRIBED HEREIN. CONDUCTED BY ME OR UNDER NY SUPERVISION; THAT THE DISTANCES, COURSES AND ANGLES ARE SHOWN HEREON CORRECTLY; AND THAT MONUMENTS OTHER THAN THOSE MONUMENTS APPROVED FOR SETTING AT A LATER DATE. HAVE BEEN SET AND LOT CORNERS STAKED ON THE GROUND AS DEPICTED ON THE PLAT. TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL: REVIEWED AND APPROVED BY THE SHORT SUBDMSION COMMITTEE AND HEREBY CERTIFIED FOR FILING THIS DAY OF 20 CHAIRPERSON. SHORT SUBDIVISION COMMITTEE SURVEY IN S.E. 1/4 OF N.W. 1/4 4 OF SECTION 22 T. 23 N., R._ 4 _E., W.M., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE: FILED FOR RECORD AT THE REQUEST OF THE CITY OF TUKWILA THIS DAY OF 20 AT MINUTES PAST M AND RECORDED IN VOLUME OF PLATS, ON PAGE_, RECORDS OF KING COUNTY, WASHINGTON. KING COUNTY MANAGER SUPT. OF RECORDS AND ELECTIONS APPROVALS: CITY OF TUKWILA SHORT PLAT FOR HIEP DO LOCATED IN THE S.E. 1/4, OF THE N. W. 1/4, OF SECTION 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON KING COUNTY FINANCE DMSION I CERTIFY THAT ALL PROPERTY TAXES ARE PAID AND THAT A DEPOSIT HAS BEEN MADE IN SUFFICIENT AMOUNT TO PAY THE TAXES FOR THE FOLLOWING YEAR; THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION; AND THAT ALL SPECIAL ASSESSMENTS ON ANY OF THE PROPERTY HEREIN DEDICATED AS STREETS. ALLEYS. OR FUR OTHER PUBLIC USE ARE PAID IN FULL THIS DAY OF 20 KING COUNTY TREASURER DEPUTY KING COUNTY TREASURER LEGAL DESCRIPTION (OLD): THE SOUTH 207.50 FEET OF LOTS 78 AND 19, BLOCK 4, FIRST ADDITION TO ADAMS' HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PACE 50, RECORDS OF KING COUNTY. WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18. (ALSO KNOWN AS LOT A OF UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NO. 8603001, APPROVED APRIL 8. , 1986, BEING A REVISION OF UNRECORDED LOT UNE ADJUSTMENT NO. 128506`1). TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST 10 FEET OF PROPERTY ADJOINING TO THE EAST AS PROVIDED FOR BY INSTRUMENT RECORDED UNDER RECORDING NO. 9210202572. LEGAL DESCRIPTIONS (NEW): LOT 1: A PORTION OF THE SOUTH 207.50 FEET OF LOTS 78 AND 19, BLOCK 4, FIRST ADDMON TO ADAMS' HOME TRACTS, ACCORDING TO THE PUT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18; DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE NORTH 0012'10' EAST AL ? NC THE WEST UNE THEREOF 83.92 FEET TO THE POINT OF BEGINNING; THENCE CONITNUINE-. NORTH 00'12'10' EAST 123.60 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89'06'00" EAST ALONG THE NORTH LINE THEREOF 60.00 FEET; THENCE SOUTH 0012'70 WFST 123.60 FEET; THENCE NORTH 8706 WEST 60.00 FEET TO THE POINT OF BEGINNING. LOT 2: A PORTION OF THE SOUTH 207.50 FEET OF LOTS 18 AND 19, BLOCK 4, FIRST ADDITION TO ADAMS' HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 50. RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18; DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE NORTH 0012'10 EAST ALONG THE WEST LINE 207.52 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89'06'00 EAST ALONG THE NORTH LINE THEREOF 60.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 8706'00 EAST 77.18 FEET; THENCE SOUTH 00'12'0T WEST 143.60 FEET; THENCE NORTH 89'06'00' WEST 77.19 FEET; THENCE NORTH 0012'10 FAST 143.60 FEET TO THE POINT OF BEGINNING. LOT .3: A PORTION OF THE SOUTH 207.50 FEET OF LOTS 18 AND 19. BLOCK 4, FIRST ADDITION TO ADAMS' HOME TRACTS, ACCORDNG TO• THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS. PAGE 50, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 78; DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE NORTH 0012'10 FAST ALONG THE WEST LINE 207.52 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89'06'00 EAST ALONG THE NORTH LINE THEREOF 137.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'06'00 EAST 60 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 0012'07 WEST ALONG THE EAST LINE 207.52 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 89'06'00 WEST ALONG THE SOUTH LINE THEREOF 60.00 FEET; THENCE NORTH 0012'07 EAST 207.52 FEET TO THE POINT OF BEGINNING. OWNER(S): HIEP DO ADDRESS: 4044 S. 152ND ST. CITY: TUKWILA PHONE: 206 -618 -1194 STATE: WASHINGTON ZIP. 98118 KING COUNTY ASSESSOR'S APPROVAL EXAMINED AND APPROVED BY THE DEPARTMENT OF ASSESSMENTS THIS DAY OF 20 KING COUNTY ASSESSOR PARCEL NUMBER(S) 004100 -0600 RECEIVED MAY 05 2006 COMMUNITY DE VELOPMENT DRAWN BY T.E.C. CHECKED BY O.B.H. DEPUTY ASSESSOR LOT 4: A PORTION OF THE SOUTH 207.50 FEET OF LOTS 18 AND 19. BLOCK 4, FIRST ADDITION TO ADAMS' HOME TRACTS. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 50, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18; DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY; SOUTH 89'06"00' EAST ALONG THE SOUTH LINE THEREOF 24.02 FEET TO THE POINT OF BEGINNING THENCE NORTH 00'12'10' LAST 39.67 FEET TO A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90'41'51 "; THENCE ALONG SAID CURVE 31.66 FEET; THENCE SOUTH 89'06'00' EAST 15.74 FEET; THENCE NORTH 0012'1 EAST 4.00 FEET THENCE SOUTH 89'06'00' EAST 77.19 FEET THENCE SOUTH 0012'07' WEST 63.92 FEET TO A POINT ON THE SOUTH LINE THEREOF; THENCE NORTH 89'06'00" WEST ALONG SAID SOUTH LINE 113.17 FEET TO THE POINT OF BEGINNING. J.U.D. A PORTION OF THE SOUTH 207.50 FEET OF LOTS 18 AND 19, BLOCK 4, FIRST ADDITION TO ADAMS' HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 50. RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 60.00 FEET OF SAID LOT 18; DESCRIBED AS FOLLOWS: BENVNING AT THE SOUTHWEST CORA'ER OF THE ABOVE DESCRIBED PROPRMY; THENCE NORTH 0012'10" ALONG THE WEST UNE THEREOF 83.92 FEET; THENCE SOUTH 89'06'00' EAST 60.00 FEET; THENCE SOUTH 00'12'10" WEST 24.00 FEET; THENCE NORTH 89'06'00 WEST 15.74 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90'41'51 "; THENCE ALONG SAID CURVE 31.66 FEET THENCE SOUTH 0012'10 WEST 39.67 FEET TO A POINT ON THE SOUTH UNE THEREOF; THENCE NORTH 89'06'00" WEST ALONG SAID SOUTH LINE 24.02 FEET TO THE POINT OF BEGINNING. ZONING, SERVICE & UTILITY INFORMATION: NUMBER OF L075 4 PROPOSED DENSITY: 3.76 PARENT PARCEL ZONED: LDR PROPOSED USE: SINGLE FAMILY RESIDENTIAL SEWER SERVICE PROVIDER; VALVUE SEWER DISTRICT WATER SERVICE PROVIDER: KING COUNTY WATER DISTRICT NO. 725 N.T.S. VICINITY MAP Cramer Northwest Inc. Surve Planners & Engineers 945 N. CENTRAL. STE. /104, KENT, WA 98032 E -MAIL cnlOcramernr.com (253)852 -4880 (local) or 1- (800)251-0189 (toll tree) (253)852 -4955 (tax) DATE 5/2/2006 SCALE 1 - =30' JOB NUMBER 2005 -030 SHEET 1 of a • PROJECT NAME DO SP / /CREATED: Fri Mar 71 13:14:19 2005 / /PREY. PLOT: Tue Mo, 02 14:28:59 2006 / /PLOTTED: Tue., Moy, 2, 2006, 15:36 :22 VOLUME PAGE C: \WORKING TM JOBS\2005- 030.Pro