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Permit L03-013 - PRUITT JOHN - SHORT PLAT
This record contains information which is exempt from public disclosure pursuant to the Washington State Public Records Act, Chapter 42.56 RCW as identified on the Digital Records Exemption Log shown below. L03 -013 Pruitt, John 6433 South 153rd Street RECORDS DIGITAL D- ) EXEMPTION LOG THE ABOVE MENTIONED PERMIT FILE INCLUDES THE FOLLOWING REDACTED INFORMATION Page # tode Exemption = 8rlef Explanatory DeSclriptiop �t�tutel ule The Privacy Act of 1974 evinces Congress' intent that social security numbers are a private concern. As such, individuals' social security Personal Information — numbers are redacted to protect those Social Security Numbers individuals' privacy pursuant to 5 U.S.C. sec. 5 U.S.C. sec. DR1 Generally — 5 U.S.C. sec. 552(a), and are also exempt from disclosure 552(a); RCW 552(a); RCW under section 42.56.070(1) of the Washington 42.56.070(1) 42.56.070(1) State Public Records Act, which exempts under the PRA records or information exempt or prohibited from disclosure under any other statute. Redactions contain Credit card numbers, debit card numbers, electronic check numbers, credit Personal Information — expiration dates, or bank or other financial RCW 4,8 DR2 Financial Information — account numbers, which are exempt from 42.56.230(5) RCW 42.56.230(4 5) disclosure pursuant to RCW 42.56.230(5), except when disclosure is expressly required by or governed by other law. L03 -013 JOHN PRUITT SHORT PLAT 6433 S 153RD ST Z JU 00 W =. J H. W g =d 1-1.11 ZL� :111 LLI: Z O2 U� = 1- W W --O Z W U fn, Z February 21, 2007 Sidney LLC 6433 S 153 St Tukwila WA 98188 RE: Refund Pruitt Short Plat — 6433 S 153 St (L03 -013) To Whom It May Concern: Please find a check enclosed in the amount of $371.42 for the refund of a financial guarantee for the demolition of a shed at the above referenced property. This work has been completed and inspected by the Planning Department. If you should have any questions, please contact our office at (206) 431 -3670. Sincerely, arshall it'Tebhnician encl / xc: Permit No. L03-013 l/ P:VenniferMisc\Refund L03- 013.DOC bh City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z . a 1 w ce JU 0 O • to o w= J t-- Q W O. ga u.2 c � 2 Z Z 0. • to O - W • w , O: LI Z W .0 =. O ~ z • CITY OF TLJKWILA. WA 98188-2544 Arlr.nl INTq PAVARI 9 --W Kin �MMVO[deNUMB 22007300 *41-',WMDATE*V.4> 02114/2007 .1F.O.NUMBE 0*140WA.i'W L03-013 BOND DEPOSIT REFUND 371.42 BANK 19 10 u. CITY OF TUKWILA 1250 6200 S o'utheenter Boulevard Tukwila WA 98188-2544 010059 0212012007 ........371.42 PAY Three Hundred Seventy One Dollars and Forty Two Cents TO THE SIDNEY LLC ORDER 6433 SOUTH 153RD ST OF TUKWILA, WA 98188 Z Z W 00 to 0 2W -.1 � V) LL 0 LL U) LU Z m 1-- 0 Z l'- W Uji 0- U) 01- WW X l'- LL O. 6i z OF Z "T p� W ,fM Memo Feb uary 5, 2007 To: Laurie Anderson From: Brenda Holt Re: L03 -013 City of Tukwila Permit Center Please refund $371.42 to Sidney LLC. The shed has been removed and inspected by the Planning Department. Please make the check out to: Sidney LLC 6433 South 153` Street Tukwila, WA 98188 Please send the check to my attention and I will forward it to them. Thank you. Xc: File No. L03 -013 H:1Documents\Bond Release\L03.013 - Refund Memo.doc ce JU 00 0 (.1) I- • Q L. W O . g Q . i d' � z r0 z w U 0E— w w � "; 0 z :`Section1;= . e;completed by Develope Name of Development: 1 v'A 1 % r - � .) - Date: /1 ,�/// 4: V _ t j Address: 6 ; ' —S /5fr `/ 7e2.&47 .pia ;/ / � Permit No L63-0/3 Release should be sent to: Name: /774)-. J(c f 6it-� Address: c y'3 s /53 .. City /State /Zip • e Description of items to be completed (reference pips/documents where items are described): As the owner or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ 3'7/ (150% of value to complete work above) and attach s po do entation for value of work. I will have this work carried out and call for a final inspection by this date: ry or risk having the City use these funds to carry out the work with their own contractor or in -house man we . If I fail to carry out the work, I hereby authorize the City to go onto the property and carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. Signed: Title: 0'G//V Section 2o be�jo pleted.;by City staff THIS,FUND IS AUTHORIZED TO' ACCEPTED , Signed: Amount: $ 4 Cash /Check ❑ Cash Assignment ❑ Bond City Receipt No.: \2.O — (4 0 Received By: ,Section.'3 b e completetl:by Develo All work identified in Section 1 of this form has now been completed and returned to department which authorized warranty. I hereby request inspection and release of my cash /cash equivalent/bond. Developer's Representative: Inspector: Date Released: o `ti'e:compf=te e rev' - ie as v :lent/bond. Section 4 :to be co pleted:;by City staff. Amount Released: $ ❑ Check - Check No. ❑ Cash Equivalent — Letter attached ❑ Bond — Letter attached %policy and procedures red book dcccloper's project nanunty form Created! February 21)13 City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 206 - 431 -3670 DEVELOPER'S PROJECT WARRANTY REQUEST FORM Date: Department Head: Deposited this Date: he above work and found it acceptable and therefore auth Authorized By: Date: ize the release • the above Released by: z • w • 6 00 W = F- U) w H O O I- ww L ..z U = O ~' z SUBMITTED TO: John Pruitt 3013# DATE 12/15/04 STREET 6433 S. 153rd ARCHrTEC T C1TY,STATE,& ZIP Tukwilla Wa. 98188 ARCHITECT ADDRESS . TELEPHONE PACE 1 OP 1 PACES ARCHITECT PHONE DATE OF PLANS FROM : CARLEY CONSTRUCTION Dear John, CARLEY CONSTRUCTION INC. f m f; & Rownili(n Services The following is an estimate for the removal of the storage shed at your home. We propose to demolish the existing shed and save as much of the material as possible for re-use and leave all scrap material at the site for your disposal. We will do our best to keep the site tidy and clean up the area as best we can. Please feel free to call with any questions that you may have. Thank you for considering us for your project. 1. Demo shed. (Debris to remain on site.) TOTAL (Due upon completion) s P 1 PHONE NO, : 206 780 0504 PROPOSAL Dec. 15 2004 06:53PM P1 $228.00 19.61 $247.61 Live t: un et.u t P.O. Box 11.4:13. Bainbridge Island, WA, gin in 12 116) 7130.1244i RECEWED DEC z 6 2004 COMMUNITY DEVELOPMENT z '- w Wes JU 0 CO CI fA W J H U) u_ W u a z � I- O Z ~ 2 U O . O - ID w W I - LL .. z = . o �. z GUARDIANS SAFETY BLUE WI31. SIDNEY 'LLC 6433 S 153RD ST. ' TUKWILA, WA 98188 1/ • "P Colt KeyBank National Association Renton, WA 98066 1800•IOY2110u• For 54'4 /Z14 �:. 100 79 30o 10 26 1026 19- 57/1250 257 s 37/ Y— ars 8 E. ROGERS hP NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. Brenda Holt - Mr. Pruit From: Brandon Miles To: Brenda Holt Date: 01/29/2007 11:32 AM Subject: Mr. Pruit Brenda, Thanks, Brandon 3. Miles Assistant Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles(aci.tukwila.wa.us Page 1 of 1 Mr. Pruit gave the City a financial guarantee in the amount of $371.42 for the removal of a shed on his property (L03 -013). The shed has been removed and the guarantee can be released. file: / /C: \Documents and Settings \Brenda \Local Settings \Temp \XPGrpWise \45BDDB5Ftu... 01/29/2007 June 19, 2006 Mary E. Rogers 6433 S. 153` St. Tukwila, WA 98188 RE: Developer's Warranty Agreement 6433 S. 153''' St. Dear Ms. Rogers: Cizy of Tukwila Department of Community Development Steve Lancaster, Director The City of Tukwila approved a two lot short plat for the above property in 2005. As part of the approval, you provide a financial guarantee for the shed which is located on lot two. The City does not permit lots to have accessory structures when there is not a principal use on the lot. Lot 2 of the short plat does not have a home and thus a standalone shed is not permitted. The City was under the impression that the shed would be removed by December 16, 2005. As of today's date the shed is still currently in place. Please remove the shed by July 15, 2006. Once the shed is removed, call me to verify that the shed has been removed and to authorize the release of the $371.42 that the City is holding for the financial guarantee. If the shed is over 200 square feet in area a building permit will be required for its removal. If you have bmiles ndon T es Assistant Planner questions, please call ( 206) 431 -3670 or send an email to la.wa.us. cc. Brenda Hold, Permit Coordinator File (L03 -013) Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 ti City of Tukwila MEMO TO: File L03 -013 FROM Brandon J. Miles, Assistant Planner' \ RE: Final Approval DATE: April 22, 2005 Department of Community Development Steve Lancaster, Director The applicant has submitted for final approval of the above short plat application. There have been some changes to the City's original conditions placed on the project when the City issued the Preliminary Approval letter on August 13, 2004. • The applicant has provided a financial guarantee instead of removing the shed located on proposed lot 2. • The applicant has amended the application to not include a private access easement on proposed lot one for the benefit of proposed lot 2. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 .:.. z t. r MEMO TO: Nick Olivas via Don Tomaso Jim Morrow via Dave McPherson Richard Takechi FROM: Brandon Miles, Assistant Planner, RE: DATE: April 20, 2005 City of Tukwila Department of Community Development Steve Lancaster, Director Final Short Plat Approval, Pruit SP, L03 -013 The above short plat application may be ready for final approval. Please review the submitted short may be ready for final approval and recording. Please review the attached short plat map and if the applicant has met all requirements of your Department initial where indicated. Jim Morrow, Director of Public Works \ Nick Olivas, Fire Chief � 'or b it Richard Takechi, Finance Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 February 24, 2005 Mary E. Rogers John Pruitt 6433 South 153 Street Tukwila, WA 98188 RE: Short Plat File Number L03 -013 Dear Applicants: City of Tukwila Department of Community Development Steve Lancaster, Director The City has completed its review of the final short plat map that was submitted to the City in January. The following items needs to be addressed prior to final approval being granted: 1. Provide documentation that the previously shown private access easement for the benefit of lot 2 is not needed. 2. Provide documentation that a private slope easement for the benefit of lot 2 is not needed. 3. Please provide one copy of the plat map with the original signatures and notary stamp of all parties that have ownership in the subject property. Additionally, the surveyor's original stamp and signature must be on the plat documents. If you have any questions, please call (206) 431 -3684 or send an email to bmiles n,ci.tukwila.wa.us. Sincerely, 13 Brandon J. Miles Assistant Planner cc. File (03 -013) Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 August 13, 2004 Ms. Mary E. Rogers 6433 South 153 St. Tukwila, WA 98188 Department of Community Development Steve Lancaster, Director RE: Preliminary Approval Short Plat L03 -013 Dear Ms. Rogers: The Short Subdivision Committee has completed their review of the above - referenced short plat application. Based on the City's review of your short plat submittal, short plat preliminary approval is granted subject to the conditions stated below. There are three basic steps in the approval process, Preliminary Approval, Final Approval and Recording. These three steps and their requirements are described as follows: I. Preliminary Approval of Short Plat This letter constitutes your preliminary approval. The application was reviewed by the Tukwila Short Subdivision Committee and approved with conditions. The conditions are to ensure that the short plat is consistent with the City's policies and regulations. A. Preliminary Approval Conditions General a. The surveyor's original signature must be on the face of the short plat and must have adequate margins meeting King County recording requirements. b. The original notarized signatures of all property owners must be on the face of the plat. c. Dash in the required setbacks for proposed lot 2. The setbacks for lot two shall be 20 feet in the front, five on the sides, and ten in the rear. d. There is a shed on proposed lot two. Prior to final short plat approval being granted the shed must be removed. A demolish permit may be required from the Building Department. e. Provide note on short plat map, to comply with Geotechnical Engineering Evaluation, by Bruce S. MacVeigh, P.E dated June 5, 2003 and subsequent geotechnical evaluations and reports. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 r f. Provide note on short plat, that no run -off, including downspouts, shall be infiltrated into the ground through "dry wells" or perforated infiltration pipes and trenches. g. Please add the following to the short plat document, "During construction of the new home on lot two if any trees are proposed to be removed a tree clearing permit will need to be obtained from the City of Tukwila. h. Provide notes on shot plat, that individual house foundation and drainage system, shall provide a specific geotechnical assessment, with final design recommendations. i. Complete Legal Owner Information sheet (or) verify names(s) to be on Sensitive Area Covenant and Hold Harmless Agreement. j. Owner must sign with Notary, a Sensitive Area Covenant and Hold Harmless Agreement that will need to be recorded with King County after the City signs the agreement. The agreement must be recorded prior to recording of the short plat document. Common Improvements a. All common improvements must be constructed by the owner of the property and must be accepted by the City or a bond posted by the owner for construction of same, prior to the short plat being filed (TMC 17.24.030). Said bond shall be in an amount equal to 150 percent of the estimated cost to complete construction of such improvements as determined by the Director of Public Works. b. Please submit As -Built plans w /ACAD disc. c. All utilities serving the new house on lot two are required to be underground. Easements and Maintenance Agreements a. Provide a draft copy of the private access easement for the benefit of Lot 2 for review by Public Works. Fire Protection a. Provide the following note on the-short plat, "Any future house on lot two must be within 250 feet of path of travel of a fire hydrant or sprinklers shall be installed in the house ". Appeals This short plat approval decision is appealable to the Hearing Examiner. One administrative appeal of the decision on the short plat, excluding challenges to the DNS, is permitted. If an MDNS was issued, any person wishing to challenge either the conditions which were imposed by the MDNS decision or the failure of the Department to impose additional conditions in the MDNS may raise such issues as part of the appeal. If no valid appeals are filed within the time limit the decision of the Department will be final. " I p In order to appeal the decision a written notice of appeal must be filed with the Department of Community Development within 21 days of the issuance of the Notice of Decision (08/13/2004): The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. Appeal materials shall include: z 1. The name of the appealing party. re 2 2. The address and phone number of the appealing party; and if the appealing party is a - 8 corporation, association or other group, the address and phone number of a contact p person authorized to receive notices on the appealing party's behalf. w = J i- 3. A statement identifying the decision being appealed and the alleged errors in the .ul p decision. The Notice of Appeal shall state specific errors of fact or errors in 2 application of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be j limited to matters or issues raised in the Notice of Appeal. = C �_ Z = Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The !- Hearing Examiner's decision on the appeal is the City's final decision. A party who is not satisfied z O LJJ with the outcome of the administrative appeal process may file an appeal in King County Superior ? o Court from the Hearing Examiner's decision pursuant to the procedures and time limitations set forth in RCW ch. 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an o appeal. w I- LL O .. Z The next step is to install the necessary improvements and submit the necessary short U N plat documents in compliance with the conditions of approval. After the documents P have been found to be in order and all requirements of the short plat have been met, z the Chairman of the Short Subdivision Committee signs your short plat final mylar which constitutes a grant of final approval. II. Final Approval In addition, all inspections relating to public works improvements must be completed by the time of final approval. III. Recording It is your responsibility to record the City approved short plat documents with the King County Department of Records. The short plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. After recording, the County returns the recorded originals to the City within four to six weeks at which time your short plat is considered complete and you can obtain individual building permits for each lot. You can shorten this process by hand delivering a copy of the recorded short plat to the Department. Expiration The final short plat must be filed with the King County Department of Records by August 13, 2005, exactly 12 months from the date of this preliminary approval or the application will expire. Please keep this date in mind in the coming months. The City is in no way obligated to remind you of this expiration date. The City may grant one extension of not more than twelve months. The request for an extension must be made in writing and must be submitted to the City prior to the expiration of the short plat. If the short plat approval expires, subsequent development permits that are related to the short plat shall also expire. If you have any questions, please call Brandon Miles at (206) 431 -3684 or send an email to bmiles@ci.tukwila.wa.us. Steve Lancaster Director of Community Development cc. Jim Morrow, Public Works Director (initial yo r a..roval ) Nick Olivas, Fire Chief (initial your approval tea Don Tomaso, Fire Marshal Dave McPherson, Engineer Brandon J. Miles, assistant Planner File (L03 -013) {, . .� z ; F = - W ce 00 N 0 w = , • LL W O g a = d. _ Z F- O . Z F- LU uj o ,O c7. I W w F- LL, 0 W Z . • _. 0 E— z MEMO City of Tukwila Department of Community Development Steve Lancaster, Director RECEIVED AUG 0 4 2004 TUKWILA PUBLIC WORKS TO: Jim Morrow via Dave McPherson Chief Olivas via Don Tomaso FROM: Brandon J. Miles `) RE: L03 -013 DATE: August 4, 2004 The above short plat is ready for preliminary approval. Please review the approval letter and initial your approval where indicated. Steven M. Mullet, Mayor 6300,uthcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 :.:', z ce 6 JU U O' co o co w J H .U) w 0 . Q ' a w . z' z,._, 0, o N W W :. I V' � o. w z O 1-. z MEMORANDUM TO: PLANNING DEPT. — Brandon Miles, Assistant Planner FROM: PUBLIC WORKS DEPT. - David McPhers ISevelopment Engineer DATE: July 14, 2004 SUBJECT: Pruitt — 2 Lot Short Plat 6433 S. 153 Street Short Plat — L03 -013 Preliminary short plat is complete for Public Works, if the following comments are addressed. Short Plat Survey Site Plan 1. Provide note on short plat map, to comply with Geotechnical Engineering Evaluation, by Bruce S. MacVeigh, P.E., dated June 5, 2003 and subsequent geotechnical evaluations and reports. 2. Provide note on short plat, that no runoff, including downspouts, shall be infiltrated into the ground through "dry wells" or perforated infiltration pipes and trenches. 3. Provide note on short plat map, that individual house foundation and drainage system, shall provide a specific geotechnical assessment, with final design recommendations. 4. Provide a draft copy of the private access easement for the benefit of Lot 2 and for review by Public Works. 5. Show shed on the short plat map, to be removed. Apply for a Building (demolition) Permit for removal — if applicable. 6. Provide note on short plat map that Lot 2 shall be sprinkled for fire protection. 7. Complete Legal Owner Information Sheet (or) verify name(s) to be on the Sensitive Area Covenant and Hold Harmless Agreement. 8. Owner to sign with Notary, a Sensitive Area Covenant and Hold Harmless Agreement. To be recorded at King County after City signs and prior to recording of Final Short Plat. I have the original in my office. (see enclosed) : z i z . QQ g JU O 0 cn w u.1 • w w O u. — 1 z I- zo w uj U O N W W • O .. z w O ~ z MEMORANDUM TO: PLANNING DEPT. — Brandon Miles, Assistant Planner FROM: PUBLIC WORKS DEPT. - David McPherson Dev.elopment Engineer DATE: January 14, 2005 SUBJECT: Pruitt — 2 Lot Short Plat 6433 S. 153 Street Short Plat — L03 -013 Final short plat is complete for Public Works. Miscellaneous Comments 1. Should provide note on short plat map, to comply with Geotechnical Engineering Evaluation, by Bruce S. MacVeigh, P.E., dated June 5, 2003 and subsequent geotechnical evaluations and reports. 2. Verify that the previously shown Private Access Easement, for the benefit of Lot 2, is not needed. 3. Verify that a Private Slope Easement, for the benefit of Lot 2, is not needed. .. _. , .' �, May 24, 2004 Ms. Mary E. Roers 6433 South 153` St Tukwila, WA 98188 Dear Ms. Rogers: Planning Informational Items City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director RE: Short Plat Application L03 -13 Additional Information for the above referenced short plat was submitted March 17, 2004. Your application is deemed complete as of May 21, 2004. Staff has conducted a review of the application and staff has the following comments: Prior to preliminary approval please address the following: 1. The conceptual site improvement plan notes that approximately 600 cubic yards of soil will be disturbed for this project. The State Environmental Review Application is triggered when 500 cubic yards or greater of soil is distributed. Prior to short plat approval an application for SEPA must be submitted and a threshold determination of significance or non - significance issued by the City. The application material is included with this letter. 2. What is the building footprint of the existing house? 1. As the property is located on a sensitive slope any removal of significant trees from the slope or associated buffer will require a tree - clearing permit. Additional trees will have to be removed; the number of new trees planted will be based upon the diameter of the trees removed. Public Works Prior to preliminary approval please address the following: 1. Verify that the proposed driveway will not exceed 15 percent slope. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • Fire Next Step 1. The proposed house on proposed lot two appears to be greater than 250 feet from a fire hydrant. If the house is greater than 250 feet either a new fire hydrant will have to be installed or the new house will have to have fire sprinklers. The items listed under "Prior to preliminary approval... are necessary in order for the City to ensure that the application meets City Code. When you resubmit please include a cover letter noting how you have addressed each comment. If you have any questions, please call (206) 431 -3684 or send and email to bmiles @ci.tukwila.wa.us. Sincerely, Br don . Miles Assistant Planner cc. File (L03 -013) T addressed. MEMORANDUM TO: PLANNING DEPT. — Brandon Miles, Assistant Planner dldYY1 FROM: PUBLIC WORKS DEPT. - David McPherson, Development Engineer ;�— z ce w DATE: May 13, 2004 6 = i 00 SUBJECT: Pruitt — 2 Lot Short Plat co 6433 S. 153 Street w Short Plat, and Miscellaneous Comments w o Short Plat - L03 -013 g u _ SEPA is required if grading over 500 cubic yards. i w Short Plat Survey Site Plan z 0 F-- zi— w Preliminary short plat is complete for Public Works, if the following comments are 2D o ( - 2 ; F— 1. Provide note on short plat map, to comply with Geotechnical Engineering Evaluation, = by Bruce S. MacVeigh, P.E., dated June 5, 2003 and subsequent geotechnical 1-- 0 evaluations and reports. iii z o 2. Provide note on short plat, that no runoff, including downspouts, shall be infiltrated p I into the ground through "dry wells" or perforated infiltration pipes and trenches. 3. Provide note on short plat map, that individual house foundation and drainage system, shall provide a specific geotechnical assessment, with final design recommendations. 4. Verify that the proposed driveway, will not exceed 15% slope. 5. Provide a draft copy of the private access easement for the benefit of Lot 2 and for review by Public Works. 6. Show shed on the short plat map, to be removed. Apply for a Building (demolition) Permit for removal — if applicable. 7. Provide note on short plat map that Lot 2 shall be sprinkled for fire protection — verify with Fire Department. Existing fire hydrant appears to be over 250 feet away from new house on Lot 2. 8. Revise short plat map, second sheet, to be 2 of 2. " " z 9. Owner to sign with Notary, a Sensitive Area Covenant and Hold Harmless Agreement. To be recorded at King County after City signs and prior to recording of Final Short Plat. I have the original in my office. (see enclosed) Short Plat Site Development Plan 1. Provide note on short plat map, to comply with Geoteclmical Engineering Evaluations, by Bruce S. MacVeigh, P.E., dated June 5, 2003 and subsequent geotechnical evaluations and reports. 2. Provide note on short plat, that no runoff, including downspouts, shall be infiltrated into the ground through "dry wells" or perforated infiltration pipes and trenches. 3. Provide note on short plat map, that individual house foundation and drainage system, shall provide a specific geotechnical assessment, with final design recommendations. 4. See site development plan sheet enclosed, with redlined comments. Miscellaneous Comments 1. All utilities are required to underground, per City ordinance. 2. The applicant shall apply for Public Works and Building permit approvals. 3. Civil site plans shall be designed per City Of Tukwila standards, details, and specifications. 4. An infrastructure design and construction standard manual, is available at the Public Works Department. '�' z i� z ce w 2 ¢¢ J U 00 W o COW w= CD U. w gQ U) 3 = z I-- o - O I- w w H U O .. z U 0 Z. z March 17, 2004 City of Tukwila Attn: Brandon Miles, Assistant Planner Subject: T.I.R. and Drainage Requirements for John Pruitt 2 -Lot Short Plat, 6433 S. 153rd Street, Tukwila, WA Dear Mr. Miles: Attached is the Conceptual Site Improvement Plan previously requested. Shown are all items in your letter of July 25, 2003. The T.I.R. (Drainage Technical Information Report) is identified as not required for this specific project in that due to the small amount of new and total impervious surfaces for the proposed final build out of the site, it falls below the 5,000 SF threshold for the full review. The site drainage requirements fall under the King County Small Site drainage review criteria (flow chart attached). The proposed method of runoff disposal for the new house on Lot 1 is the Perforated Tightline Connection, which allows flows to be directed to the City storm drain in 65th Avenue S. The site was investigated previously (see earlier geoteclmical evaluation) and the soils were determined as not suitable for on -site infiltration due to high clay content. Thank you for your assistance. Sincerely, Bruce S. MacVeigh, P.E. Civil Engineer Bruce S. MacVeigh, P.E. Civil Engineer /Small Site Geotechnical 14245 59 Ave. S. Tukwila, WA 98168 Office: (206) 242 -7665 Fax: Same PRUITT02.doc ` �%I 200 z 2Z w 6 JU 00 U) 0 U) W =. — I 1 — U) 1 w co w Z � I-O Z �— 11) Ljj U 0 O 0 I— = U 0 . co .. Z 0 z �,,,,, z _ F.: ;,._ z ce w 6 00 J 1- � w w 0 u_ Q c : a I -w Z zI- w w U � O 52 0 w I t-- -- u- W U O }” z 4. Three copies of Civil Plans, showing the following: ..a)' One set of the three required sets of civil plans and analyses shall be stamped, signed, and dated by a licensed professional engineer. Include a graphic scale and north arrow. Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calsulations to NGVD 1929, if in a flood zone or flood prone area. _e-rExisting (dashed) and proposed (solid) topography at 2 foot intervals (minimum 20 feet yond the property lines). Total expected cut and fill for plat build out Existing and proposed utility easement and improvements, on site and in street (water, sewer, natural gas, telephone, and cable). Schematic designs to be provided regardless of purveyor (e.g., site line size, location, and size of public main). No capacity calcs, invert c.44 tpth, valve locations or the like are needed). torm drainage design at least 90 percent 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. lan, profile, and cross section for any right of way improvements. Noi - 1rr planned access to lots, driveways, fire access lanes and tum-arounds. Show the location and distance to proposed property lines of all existing structures, indicated those to be removed. Show the expected location of all new buildings. Show proposed lot and tract lines. JO' Show the nearest existing hydrant and property hydrants. 9. A high quality 8 -1/2" x 11" reduction of all revised plan sheets identified above. ..J'Technical Information Report (TIR) including feasibility analysis per King County Surface Water Design Manual (KCSWDM). For additional guidance contact the Public Works Department at (206) 433 -0179. If you have any questions, you can call (206) 431 -3684 or by email at bmiles @ci.tukwila.wa.us. Sincerely, Brandon J. Miles Assistant Planner cc. File (L03 -013) + z = z '~ w J U o co J = LL w 2 11 < a I- w Z = zo U O - CI I- w W I - U ' o w z P • 1 z February 17, 2004 Mary E. Rogers John Pruitt 6433 South 153 Street Tukwila, WA 98188 City of Tukwila Department of Community Development Steve Lancaster, Director RE: Pruitt 2 -lot Short Plat At 6433 South 153 Street L03 -013 (Short Plat) Dear Mr. Pruitt: This letter is in response to the conversation we had today at the Department of Community Development's front desk regarding the above short plat application. The City will allow you to have 30 -days from the date of this letter to submit the information requested in the July 25, 2003 letter. By 5:00 PM on March 17, 2004, all requested information must be submitted to the City. This is the only extension that can be granted. If you fail to submit all of the items within the 30 -day period, your application will be canceled and in order to proceed with the short plat you must submit a new short plat application. If you are required to submit a new application you will lose any vesting under the current application. If you have any questions, please call (206) 431 -3684 or send an email to bmiles(@ci.tukwila.wa.us. Sinc f °7 lU1 Bra on J. Miles Assistant Planner cc. L03 -013 Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 February 12, 2004 Ms. Mary E. Rog.ers 6433 South 153` St Tukwila, WA 98188 RE: Short Plat Application L03 -013 Dear Ms. Rogers: City staff has been working on your short plat application that was submitted on March 5, 2003. On March 12, 2003, the City notified you that the application was incomplete and listed the information that was required in order to deem the application complete. After resubmitting additional information, the City sent you another notice of incomplete application on July 25, 2003 and listed the required information that would allow your application to be deemed complete. Tukwila Municipal Code 18.104.070 (E) states: "The Department shall cancel an incomplete application if the applicant fails to submit the additional information required within 90 -days following notification from the Department that the application is incomplete. The Department may extend this cancellation date up to 120 additional days if the applicant submits a written request for an extension prior to cancellation. The request must clearly demonstrate that the delay is due to circumstance beyond the applicant's control or unusual circumstances not typically faced by other applicants, and that a good faith effort has been made to provide the requested materials." The last letter the City sent out was dated July 25, 2003, the 120 -day marked ended in November of 2003. The information the City requested has not been submitted to the City for review. The short plat application L03 -013 is now canceled. If you wish to proceed with the short plat application, you must submit a new short plat application. Please note, that any vesting under the old application no longer applies and you will have to comply with all development standards in place at the time of submittal. If you have any questions, please call (206) 431 -3684 or send an email to bmiles@ci.tukwila.wa.us. Sincerely, / Brandon J. Miles Assistant Planner cc. L03 -013 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 August 25, 2003 Mary E. Rogers 6433 South 153 Street Tukwila, WA 98188 Dear Ms. Rogers: Sincerely, C randon J. Miles Assistant Planner cc. L03-013 rtit City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster; Director I have attempted on numerous occasions to return your phone call and cannot get through and I am unable to leave a voice message. Please call me at your convenience. I cdn be reached at (206) 431-3684. I can also be emailed at bmiles@ci.tukwila.wa.us. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 July 25, 2003 Mary E. Rogers John Pruitt 6433 South 153 Street Tukwila, WA 98188 City of Tukwila Department of Community Development Steve Lancaster, Director RE: Pruitt 2 -lot Short Plat At 6433 South 153 Street L03 -013 (Short Plat) Dear Ms. Rogers and Mr. Pruitt: The Department of Community Development received and reviewed your documentation for the above - reference application, submitted to the City on March 5, 2003. In a letter dated March 12 2003, Deb Ritter, Senior Planner notified you that the application was incomplete. Additional information was submitted to the City on June 12, 2003. Upon a review of the new information submitted the application is still incomplete. 1. A Title Report must be prepared. The information that was submitted is not a title report. Enclosed you will find a sample of a title report. The title report must show the following: a) The existing lot's status as a legal lot of record b) Property ownership; and c) All known easements and encumbrances 2. Three copies of a Sensitive Areas Plan showing the following: a) Notation of all slope areas that are 20 percent or greater b) Location and species of all trees that are four inch caliper in size and greater and are located on slopes that have gradients of 20 percent or more. Please indicate which of these trees will be retained and which will be removed. c) A retention - removal plan for the preservation of all significant trees and vegetation located on slopes 20 percent or greater. 3. Three copies of the revised Site Plan, revised to include the expected location of new buildings and driveways, including the finished floor elevations of the buildings. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 1 31 , don J. Miles Assistant Planner cc. File (L03 -013) 4. Three copies of Civil Plans, showing the following: a) One set of the three required sets of civil plans and analyses shall be stamped, signed, and dated by a licensed professional engineer. Include a graphic scale and north arrow. b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calsulations to NGVD 1929, if in a flood zone or flood prone area. c) Existing (dashed) and proposed (solid) topography at 2 foot intervals (minimum 20 feet beyond the property lines). d) Total expected cut and fill for plat build out e) Existing and proposed utility easement and improvements, on site and in street (water, sewer, natural gas, telephone, and 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). I) Storm drainage design at least 90 percent 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) Plan, profile, and cross section for any right of way improvements. h) Show planned access to lots, driveways, fire access lanes and turn- arounds. i) Show the location and distance to proposed property lines of all existing structures, indicated those to be removed. Show the expected location of all new buildings. j) Show proposed lot and tract lines. k) Show the nearest existing hydrant and property hydrants. 9. A high quality 8 -1/2" x 11" reduction of all revised plan sheets identified above. 10. Technical Information Report (TIR) including feasibility analysis per King County Surface Water Design Manual (KCSWDM). For additional guidance contact the Public Works Department at (206) 433 -0179. If you have any questions, you can call (206) 431 -3684 or by email at bmiles @ci.tukwila.wa.us. June 5, 2003 1.2 Background Bruce S. MacVeigh, P.P. Civil Engineer /Small Site Geotechnical 14245 59 Ave. S. Tukwila, WA 98168 Office: (206) 242 -7665 Fax: Same Subject: Geotechnical Report for Proposed John Pruitt 2 -Lot Short Plat, 6433 S. 153rd Street, Tukwila, WA (SE23- T23N -R4E, W.M.) 1.0 INTRODUCTION 1.1 Overview This geotechnical evaluation is prepared in support of a proposed two lot short plat located at 6433 S. 153rd Street. The property is located on the southwest corner of intersection of S. 153rd Avenue N.E. and 65th Avenue South in Tukwila. WA. The property is approximately 68 feet wide at the north end and 115 feet wide at the south end, with the east line angled northwest to accommodate the right -of -way of 65th Avenue S., and is approximately 146 feet north - south. A single family residence is located in the northern portion nearest the S. 153rd Street. A site investigation was performed to evaluate the stability of existing downhill slopes of 16 to 36 percent within the site and to determine the suitability of the site for residential construction. The site in general slopes to the east at about 16 percent, with the steeper slopes of 25 to 36 percent located in the southeast corner, these steeper slopes being typically 8 to 10 feet high. Specific recommendations for treatment of the slope areas relative to residential construction in that area are made with consideration of the use of the site and the geotechnical conditions of the slope areas. The site investigation consisted of soil logs and a through walk of the site to locate any evidence of past slope failures or perching groundwater. See attached Topographic Map. This study is being performed due to the steep downhill slopes existing on and adjacent to the site, the maximum slopes in this case being approximately 36 percent, with the steepest areas typically 8 to 10 feet high. No previous studies have been prepared relating to the slopes on this site. a- /('; RECEIV ,8 JUN 13 2003 CO MMUNITY DEV ELOPMENT The proposed construction of one residence at the south end of the site will affect the steepest portion of the slopes by eliminating them due to the construction of a residence with daylight basement and driveway access onto 65th Avenue S. Only very minor grading would be done in the more level portions of the south end of the site in areas not used for building location. The elimination of the steeply sloped areas will allow conventional construction of the residence, with the recognition that the steeply sloped areas were created by fill to provide a level yard area for the existing residence in the 1960's. The disturbance and actual elimination of the sloped areas is justified in that the slopes are artificial, they are minor based on height, and their disturbance is necessary to construct a residence on the site. Specific details of proposed construction have not been developed at this time. 1.3 Purpose and Scope of Services This investigation is performed to establish the extent and geotechnical condition of the steeply sloped areas and to determine the effects on slope stability and public safety of the use of the site for the proposed construction of the daylight basement residence on the site. In addition, some general recommendations will be presented for construction criteria for structures and driveways, and for drainage and erosion control. The scope of services consists of consulting published soil atlas information relating to the site and areas similar to this site, performing soil log investigations along the slope, and walking the site to note any evidence of previous slope failures. Deep borings along the slope and soil sample laboratory analysis is not proposed for this site due to the small size of the site and the consistent soil stability indicators encountered, combined with the ultimate removal of the steeply sloped areas. 1.4 Investigations Summery A total of two soil logs were made at this site, with locations chosen to illustrate the nature and extent of the fill areas which created the steeper areas of the site. The surface conditions and condition of established vegetation on the slope were observed. Perching of groundwater along the slope face was investigated (none found). The King County Area Soil Survey of 1973 was consulted, however this site was not mapped at the time due to its urban designation, however similar formations in the mapped west central Renton area were considered descriptively similar for the purpose of general consultation. 1.5 Report Overview Following in this report will be a more detailed discussion of soil types encountered, a discussion of the general sites geology, evaluation of groundwater on the site and its proposed use, and recommendations for treatment of slopes, and construction criteria. Attached at the rear of the report will be a vicinity map, soil atlas extract, site map showing categories of slope, and soil logs. 2.0 SITE CONDITIONS 2.1 Location and Surface Conditions The site topography is as discussed above. The more level portions of the site are used for the existing residence and for it present lawned yard area. The steeply sloped areas are covered with blackberries and small brush. The site in general has scattered trees from ornamental size to mature second growth. The construction of the new residence will eliminate only one or two significant trees, if any. The topography of the site appears to be generally unchanged by the construction of the existing house, with the exception of minor terracing and the fill area creating the steeper sloped area in the southeast, Little or no dumping of either soil or vegetation debris over the side of the slope was found to have occurred since the slope was formed to create level yard area at about the time of residential construction. The topographic map at the rear of the study illustrates the location of the site's slope areas. 2.2 Geologic Setting The soil atlas consulted was the King County Area Soil Survey by the SCS, published November, 1973. The site was not included in that Tukwila was determined to be urban. Similar soil areas in the west central Renton area were determined to have either Alderwood (AgD) or Everett (EvD) Series (which is Alderwood overlain by loams). Soils indicated were type Alderwood or Everett, either of which has poor draining clayey or till subsoils. Actual soils found are most likely Alderwood series, with a thin or completely missing loam layer above the till, as discussed below. 2.3 Subsurface Soil Conditions Actual soils encountered were a typical Alderwood, with the typical shallow loam in the upper layer, underlain by a dense clay till or hardpan. The soils found on the site in the areas of slopes near proposed development were consistently Alderwood series, with depths of the clay till found to depth in all logs. This site may be considered as within the Alderwood gravelly sandy loam series, as described in the attached soil atlas descriptive extract. Laboratory analysis of the soils encountered was not deemed necessary, and no laboratory tests were performed. 2.4 Groundwater Conditions The weather before and during the soil log investigation was occasional rainfall typical of the Northwest in April. No groundwater was noted in any of the soil logs. The underlying hardpan was only lightly mottled in its upper layer, as is typical. No perched groundwater areas were found along the face of the slope, and no areas showing recent surface erosion or channeling were found. 2.5 Subsurface Contamination Based on topography, site and surrounding uses, and observations from the soil logs, the soils on the site have no levels of contamination. The proposed development of the site will not introduce sources of contamination of the soils of the site or of adjacent properties. 3.0 DISCUSSION AND CONCLUSIONS 3.1 Slope Stability The primary structure of the geology of the site is that of deep dense clay tills, with no significant groundwater storage or movement within its matrix. The sloping of the site and underlying strata discourages long term layering of water above the till. The slope of the interface of the fill placed in the 1960's (Soil Log #2) was found to be about 15 percent and still contained the original topsoil layer. While the retaining of the topsoil layer is not good fill practice, in this case no slope failure was noted in the placed fill material due to differential lateral movement of the fill material down the original slope plane. t 04\ In any event, since it is proposed to excavate and remove the fill material for the ` A placement of the new residence, the condition and stability of the fill area is moot. The te ri) remaining till, which will form the foundation soils for the new residence, is very stable and suitable for most common engineering applications of the site. As a general specification for this site, it is recommended that no structure or vehicular driving area be outside of a 2:1 slope from the bottom of the slope. This rule of thumb will be met with the placement of the basement of the new residence at the depth necessary to serve its garage from the street. Since the steep slope areas will be removed, considerations the slope vegetation preservation are not discussed in this report. As per normal grading erosion control practice, disturbed areas will be re- vegetated upon completion of the residential construction. 3.2 Seismic Considerations The soils are relatively immune to instability due to seismic disturbance. Their internal structure (matrix) has strong cohesion, and is resilient. Additional factors relating to the soils on this site are the lack of loose and/or granular soils, and little or no groundwater saturation within the slope, thus giving this slope a very low chance of liquefaction during a seismic event. 3.3 Site Work z I I • - =z �~ w � 2 J O 0 co W J w • 0 T. = z � 1-- 0 z �— III 'Li C) 0 22 1 . Ill al u. 0 . w z U = O z The construction of a new residence and its driveway will result in significant site grading and earthwork, which will remove the fill area. Erosion control measures appropriate for this site would be the use of silt fence along the downhill limit of clearing and the use of a rock construction entrance to the construction area of the site. Providing that erosion control measures are in place as part of the normal construction requirements, the excavation for basement construction will not require monitoring of the site by a licensed civil engineer. 3.4 Retaining Structures Retaining structures in the form of basement walls will be needed for residential construction. Specific designs for these walls will be submitted with the future residential building permit. 3,5 Rockeries No rockeries are foreseen for this site. 3,6 Foundation Support The soils in an undisturbed state for this site have a design bearing pressure for structures of 2,000 psf. 4.0 RECOMMENDATIONS 4,1 Site Grading and Earthwork Site grading, clearing and earthwork should not be restricted on this site, so long as no adverse effects occur to neighboring properties. 4.2 Temporary Shoring and Retaining Walls None are foreseen as necessary for development of this site. 4.3 Rockeries None are foreseen as necessary for development of this site. 4.4 Reinforced Soil Structures None are foreseen as necessary for the development of this site. 4.5 Structure and Foundations • Structures should be designed for a maximum bearing pressure of 2,000 psf for conventional and spread footings. Lateral strength of the soils is good, however due to lack of penetration by concrete of base soils, it is recommended that all footing be backfilled up to a minimum of one -half the footing height on the inside of the structure. z Due to impervious soils, all foundations should have complete footing drains. ij w o 2 4.6 Floors D JU 0 Slab on grade floors and wood crawl space floors should be constructed in the usual w = manner, with vapor barriers, etc. No site specific special requirements are recommended. 1 i_ w 4.7 Pavements 2 u. Q Concrete pavements may be poured on undisturbed native material, with a minimum pour thickness of 4 inches, and a recommended pour of 6 inches. A minimum of 6 by 6 WWF I w should be used. Any fill necessary should be a compacted pit run. Asphalt pavements z F. should have a clean pit run base of a minimum of 6 inches, with a top course of 2 inches, z O and an asphalt top course of 2 inches. D 4.8 Utilities O P ❑F— w The site is served by sewer so no on -site systems (drainfields) will be used on this site. H v u. O Trench backfill in any structural area should be imported clean pit run, mechanically i z U0 compacted. Y O 4.9 Drainage z Footing drains should be used on all crawl space foundations. Footing drains and roof runoff should be collected and run to the street system in 65th Avenue S. The soils are not suitable for infiltration and the site is exempt from flow control and water quality measures due to its small size. 4.10 Hazards There are no inherent hazards in the development of this site, other than equipment operators needing to not drive over the slope accidentally. REPORT FIGURES AND ILLUSTRATIONS Attached to this report are: Vicinity Map Soil Logs Site Plan Bruce S. MacVeigh, P.E. Civil Engineer SCS Soil Survey Descriptive Extract Questions relating to this report may be directed to this office. I EXPIRES: 4/24/ e95 ( 0 3 PRUITT01.doc I/ /Z/N /T Y i9AP I & _ '/4 All. 4- ti n Z ~ W re 2 JO 0 U U U) W J • LL W U. Q "±" � W Z = 1 ._ 1- 0 Z F- LU w U O N O F- W W H 0 u"O .Z W U = 0 Z SOIL LOGS 6 APR 03 1. 0 -6" BLACK TOP SOIL 6 -60 "+ DARK BROWN CLAY LOAM (DENSE) NO WATER W /COBBLES UP TO 12" 2. 0 -6" BLACK TOP SOIL 6 -54" DARK BROWN CLAY LOAM NO WATER 54 -62" BLACK TOP SOIL (FILL) 62 -68 "+ DARK BROWN CLAY LOAM (FILL) (DENSE) .. ,. This section describes the soil series and map- ping units in the King County Area.' Each soil series is described 8nd then each mapping unit in that series. Unless it is specifically mentioned otherwise, it is to be, assumed that what is stated about the soil series holds true for the mapping units in that series. Thus, to get full information about any one mapping unit, it .is necessary to read both the. description of the mapping unit and the description of the soil series to which it belongs. AW important part of the description of each soil series is the soil profile, that is, the sequence of layers from the surface downward to rock or other underlying material. Each series contains.two descriptions of this profile. The first is'brief and in terms familiar to the layman. The second, detailed and in technical terms, is for scientists, engineers,.and others who need to make thorough and precise studies'of soils. Unless it is otherwise stated, the colors given in the descriptions are those of a moist soil. As mentioned in the section "How This Survey Was Made," not all mapping units are members of a soil series. Urban land, for example, does not belong to a soil series, but nevertheless, is listed in . alphabetic order along with the soil series. Following the name of each mapping unit is a symbol in' parentheses. This symbol identifies the mapping unit on the detailed soil'map. Listed at the end of each description• of a mapping unit is the capability unit and woodland group in which the mapping unit has been placed. The woodland desig- nation and the page for the description of each capability unit can be found by referring to the "Guide to Mapping Units" at the back of this survey. The acreage and proportionate extent of each mapping unit are shown in table 1. Many of the terms used. in describing soils can be found in the Glossary at the end of this survey, and more de- tailed information about the terminology and methods of soil mapping can be obtained from the Soil Survey Manual (19) . DESCRIPTIONS OF THE SOILS Alderwood Series The Alderwood series is made up of moderately well drained soils that have'a weakly • consolidated to strongly consolidated substratum at a depth of 24 to 40 inches. These soils are on uplands. They formed under conifers, in glacial deposits. Slopes are 0 to 70 percent. The annual precipitation is 35 to 60 inches, most of which is rainfall, between . October and May. The mean•annual air temperature 'is about 50 F. The frost -free season is•3,50 to'200 days. Elevation ranges from 100 to 800.f0et. In a representative profile, the surface layer • and subsoil are very dark brown, dark - brown,' and grayish -brown gravelly sandy loam about 27 inches thick. The substratum is grayish - brown, weakly consolidated to strongly consolidated glacial till that extends to a depth of 60 inches and more. 8 Alderwood soils are used for timber, pasture, berries, row crops, and urban development. They are the most extensive soils in the survey area. /) Alderwood gravelly sandy loam, 6 to 15 percent slopes (AgC). - -This soil is rolling. Areas are irregular in shape and range from 10 to about 600 acres in size. Representative profile of Alderwood gravelly sandy loam, 6 to 15 percent slopes, in woodland, 450 feet east and 1,300 feet south of the north quarter corner of sec. 15, T. 24 N., R. 6 E.: Al - -0 to 2'inches, very dark brown (10YR 2/2) gravelly sandy loam, dark grayish brown (10YR 4/2) dry; weak, fine, granular struc- ture; slightly hard, friable, nonsticky, nonplastic; many roots; strongly acid; abrupt, wavy boundary. 1 to 3 inches thick. B2 - -2 to 12 inches, dark-brown (10YR 4/3) gravelly sandy loam, brown (10YR 5/3) dry; moderate, medium, subangular blocky structure; slightly hard, friable, nonsticky, nonplastic; many roots; strongly acid; clear, wavy boundary. 9 to 14 inches thick. B3 - -12 to '27 inches, grayish -brown (2.5Y 5/2) gravelly sandy loam, light gray (2.5Y 7/2) dry; many, medium, distinct mottles of light olive brown (2.5Y 5/6); hard, friable, non - sticky, nonplastic; many roots; medium acid; abrupt, wavy boundary. 12 to 23 inches thick. IIC - -27 to 60 inches, grayish -brown (2.5Y 5/2), weakly to strongly consolidated till, light gray (2.5Y 7/2) dry; common, medium, distinct mottles of light olive brown and yellowish brown (2.5Y 5/6 and 10YR 5/6); massive; no roots; medium acid. Many feet thick. The A horizon ranges from very dark brown to dark brown. The B horizon is dark brown, grayish brown, and dark yellowish brown. The consolidated C horizon, at a depth of 24 to 40 inches, is mostly grayish brown mottled with yellowish brown. Some layers in the C horizon slake in water. In a few areas, there is a thin, gray or grayish -brown A2 horizon.. In most areas, this horizon has been destroyed through logging operations. ' . Soils included with this soil in mapping make up no more than 30 percent of the total acreage. Some areas are up to 3 percent the poorly drained Norma, Bellingham, Seattle, Tukwila, and Shalcar soils; some are up to 5 percent the very gravelly Everett and Neilton soils; and some are up to 15 percent Alderwood soils that have slopes more gentle or steeper than 6 to 15 percent. Some areas in New - castle Hills are 25 percent Beausite soils, some northeast of Duvall are as much as 25 percent Ovall soils, and some in the vicinity of Dash Point are 10 percent Indianola and Kitsap soils. Also included are small areas of Alderwood soils that have a gravelly loam surface layer and subsoil. Z = Z ce QQ JU O 0 N 0 CD W J U) u_ W g d = W Z F- Z- ui U O 9 . O I- W lL H � u- .. Z W U = 0 Z 10 Permeability is moderately rapid in the surface layer and subsoil and very slow in the substratum. Roots penetrate easily to the consolidated substra- tum where they tend to•mat on the surface. Some roots enter the substratum through cracks. Water moves on top of the substratum in winter. Available water capacity is low. Runoff is slow to medium, and the hazard'of erosion is moderate. This soil is used for timber, pasture, berries, and row crops, and for urban development. Capability unit IVe -2; woodland group 3d1. . Alderwood gravelly sandy loam, 0 to 6 percent slopes (AgB). - -This soil is nearly level and undulating. It is similar to Alderwood gravelly sandy loam, 6. to 15 percent slopes, but in places its surface layer is 2 to 3 inches thicker... Areas are irregular in shape and range from 10 acres to slightly more than 600 acres in size. • Some areas are as much as 15 percent included Norma, Bellingham, Tukwila, and Shalcar soils, all of which are poorly drained; "and some areas in the vicinity of Enumclaw are as much as 10 percent Buckley soils. Runoff is slow, and the erosion hazard is slight. This Alderwood soil is used for timber, pasture, berries, and row crops, and for urban development.. Capability unit IVe -2; woodland group 3d2. Alderwood gravelly sandy loam, 15 to 30 percent sloes (AgD).- -Depth to the substratum in this soil varies within short distances, but is commonly about 40 inches. Areas are elongated and range from 7 to about 250 acres in size.' Soils included with this soil in mapping make up no more than 30 percent of the total acreage. Some areas are up to 25 percent Everett soils that . have slopes 15 to 30 percent, and some areas are up to 2 percent Bellingham, Norma, and Seattle soils which are in depressions. Some areas, especially on Squak .1'f untain, in Newcastle Hills, and north of Tiger Mountain, are 25 percent Beausite and Ovall soils. Beausite soils are underlain by sandstone, and Ovall.soils . by andesite. Runoff is medium, and the erosion hazard is severe. The slippage potential is moderate. This Alderwood soil is used mostly for'timber.. Some areas on the lower parts of slopes are used for pasture. Capability unit VIe -2; woodland group 3d1. Alderwood and Kitsap soils, very steep (AkF). -- This mapping unit is about 50 percent Alderwood gravelly sandy loam and 25 percent Kitsap silt loam. Slopes are 25 to 70 percent. Distribution of the soils varies greatly within short distances. About 15 percent of some mapped areas is an included, unnamed, very deep, moderately coarse textured soil; and about 10 percent of some areas is a very deep, coarse - textured Indianola soil. Drainage and permeability vary. Runoff is rapid to very rapid, and the erosion hazard is severe to very severe. The slippage potential is severe. These soils are used for timber. Capability unit VIIe -1; woodland group 2d1. Arents, Alderwood Material Z ,F- W 0! 2 00 o u_ W g < co d = W Z F- ZF- LU ill U CI OF- LU u i I F-- - �Z L1.1 O ~ Z RICULTURE 'iERVICE /L4ci•Z wO O D 54 ) ?/ • S SEATTLE (CITY P.0110 MI.12'30" 6 MI. TO INTERSTATE 90 (Joins sheet 5 Ann Z F- Z • W J U 0 cn W I o d- rt LL Q I W Z I— I— O Z F— w U O N O H W W - H O Z W U U — O • ~ z 9,..a c3 cm Name: Name: RE ORDING DOCUM 'TS The recording documents submitted for final approval must be on mylar, in record of survey format, meet all of the King County recording requirements and contain the following signature blanks, where applicable. The standard signature blanks are included in the AutoCAD template available from the City. If you choose not to use the template please reproduce the applicable language accurately on the mylar. SIGNATURE BLANKS 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 RCW 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 filing of a final plat. The undersigned further declare this short plat to be the graphic representation of said short subdivision and the same is made with the free consent and in accordance with the desire of the owner(s). In witness w of ha , set ou - ands and seals. OWNERS' DECLARATION Name: Name: (Provide a name blank for each owner and as many notary blanks as needed) STATE OF WASHINGTON County of King �y� On this day personally appeared before me MOY • 111:46)—c-, 4 Z'/ft 1 _ 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. GIVEN under my hand and official seal this 1 otif 0 t (.. 20 2 . 60 �� �ssiou F i� �� •, '� F �ig f� a ture: �' i LP-- NOTAR Nama.of co issioned: jiii---1 6---147..`'tt -i . ... „..„ pu8L1G Title1 Po hLi c-- 4 , , i .• y suppointment expires: 312 t' 6" . pa, 2 ° . • O � '' V //, • OF WA .\\ v- \" LAND SURVE e CERTIFICATE: Any survey submitted for a short plat shall include a certification with the seal of and signature of the surveyor responsible for the survey and final plat with the following statement: "I, , registered as a land surveyor by the State of Washington, certify that this plat is based on ati actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown thereon 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." RECEIVED CITY OF TUKWILA PERMIT CEMTE<< 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 m . lo e property, located at for the purpose of applic on review, CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss r the limited time necess 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. The City shall, at its discretion, cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. EXECUTED at % (city), SUBSCRIBED AND SWORN TO BEE THIS ► n \\` �p NE NQ /i _ a F�gsidingtt PUBLIC /// ,OP 11 WA1 1 1 ` 1 � \\` � nts, en' • ers, con ra • r r he presgnt es the right to enter upon Owner's real G1Kcot LJ (state), on �! ry to complete that purpose. 111A 2 `i E ZI (Pryit /!3 3 5 C � T � J (Phone Number) (Signatufe) On this day personally appeared before me vex • / 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. PJBLIC in and for the St Sv'�4 -� r 1O1AR Y � I , „ y My Con4> sion expires on ?J ,20/) (Address) 20 D ' RECEIVED CITY OF TUKWILA PERMIT CENTER ii Commonwealth (*OTITIS COMPANY OF PUGETr SOUND. u.c John Pruitt 6433 153rd Street South Seattle, WA 98188 Commonwealth Land Tide Company of Paget Sound 14450 NE 29th Place, Suite 200, Bellevue, WA 98007 Phone: 800455 -1105 Fax 425446 -3517 Re: Order No.: 900- 10085535 Buyer /Borrower(s): John W. Pruitt Subject Property: . 6433 153rd Street S, Seattle, WA 98188, King County SUPPLEMENTAL NO. 1 TITLE COMMITMENT NO. 10085535 The following matters affect the title to the property covered by our preliminary commitment: The following Special Exception has been amended. 3. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 4997500005 Year Billed Paid Balance 2003 $2,449.15 $0.00 $2,449.15 Total amount due, not including interest and penalty: $2,449.15. Levy Code: 2380 Assessed Value Land: $57,000.00 Assessed Value Improvements: $130,000.00 The effective date of the above referenced preliminary commitment is hereby extended to the date of this supplemental subject, however, to any previously issued supplementals and to the addition of the items described above. Dated: April 17, 2003 By Authorized Signature Supplemental - Full Date Down wm.i.oe.00 RECEIVED CITY OF TUKWILA it) 1 - REtiMePaelITER2 Commonwealth LAND 17Tt8 COMPANY OF PUGET SOUND. U.0 John Pruitt 6433 153rd Street South Seattle, WA 98188 Dated: April 17, 2003 By Authorized Signature Supplemental - Full Data Down WA.11. • Commonwealth Land Title Company of Puget Sound 14450 NE 29th Place, Suite 200, Bellevue, WA 98007 Phoac 800455 -1105 Fax 42S -646 -3517 Re: Order No.: 900- 10085535 Buyer /Borrower(s): John W. Pruitt Subject Property: 6433 153rd Street S, Seattle, WA 98188, King County SUPPLEMENTAL NO. 1 TITLE COMMITMENT NO. 10085535 The following matters. affect the title to the property covered by our preliminary commitment: The following Special Exception has been amended. 3. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 4997500005 Year Billed Paid Balance 2003 $2,449.15 $0.00 $2,449.15 Total amount due, not Including interest and penalty: $2,449.15. Levy Code: 2380 Assessed Value Land: • . $57,000.00 Assessed Value Improvements: $130,000.00 The effective date of the above referenced preliminary commitment is hereby extended to the date of this supplemental subject, however, to any previously Issued supplementals and to the addition of the Items described above. RECEIVED CITY OF TUKWILA PERMIT CENTER Page 1 of 2 z re w 6_ J 00 • 0 J U) u_ • w 0 g¢ co d I - z �. I- 0 z I— 2 D. U � • O -. C3 I-- W W ri 0 .z w 0~ z Commonwealth Cover Page WA.09.01.00 LANO1711.1 COMPANY OF PUGET SOUND. 1.1.0 April 22, 2003 John Pruitt 6433 153rd Street South Seattle, WA 98188 Re: Order No.: 900 - 10085535 Title Officer: Troy St. George Buyer /Borrower(s): John W. Pruitt Subject Property: 6433 153rd Street 5, Seattle, WA 98188, King County Order Summary Thank you for placing this order with Commonwealth Land Title Company of Puget Sound. If you need assistance on this file, please contact: Troy St. George (425) 646 -3515 tstgeorge@landam.com Patti Williams (425)•6464398 patriciawilliams co landam.com Lindsay Cornelius (425) 6464391 lcornellus©landam.com Bryan Dow (425) 646 -3514 bdow @landant.com 1-800- 455 -1105 Fail: (425) 646 -3517 Additional copies have been sent to: lo Commonwealth Land Title Company of Puget Sound 14450 29th Place, Suite 200, Bellevue, WA 98007 P 800 -455 -1105 Faye 425 - 646 -3517 RECEIVED CITY OF TUKWILA PERMIT CENTER z '�- w 6 00 t c) cn w. J � 0 . Q . co — H Z , z �. � z 1- � • o: U CO o I- iw w • U F- - = o' Ili Z _ O z T.7) Commonwealth LAND TITLE COMPANY OF PUGET SOUND, LLC December 13, 2002 John Pruitt 6433 153rd Street South Seattle, WA 98188 Re: Order No.: 900 - 10085535 Cover Page WA.09.01.00 Title Officer: Troy St. George Buyer /Borrower(s): John W. Pruitt Subject Property: 6433 153rd Street 5, Seattle, WA 98188, King County Order Summary Thank you for placing this order with Commonwealth Land Title Company of Puget Sound. If you need assistance on this file, please contact: Troy St. George (425) 646 -3515 tst.george @landam.com Patti Williams (425) 646 -5398 patriciawilliams @landam.com Lindsay Cornelius (425) 646 -5391 Iornelius @landam.com Bryan Dow (425) 646 -3514 bdow @landam.com 1- 800 - 455 -1105 Fax: (425) 646 -3517 Additional copies have been sent to: N r Commonwealth Land Tide Company of Puget Sound 14450 NE 29th Place, Suite 200, Bellevue, WA 98007 Phone: 800 - 455 -1105 Fax: 425 - 646 -3517 : John Pruitt 6433 153rd Street South Seattle, WA 98188 RE: Order No.: 900 - 10085535 Liability: $300.00 Charge: $300.00 TAX $ 25.80 Total: $325.80 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stip.ulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation herein called the Company, GUARANTEES John Pruitt the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: November 27, 2002 By - Authorized Signature Subdivision Guarantee WA.12.11.00 Commonwealth Land Tide Company of Puget Sound 14450 NE 29th Place, Suite 200, Bellevue, WA 98007 Phone: 800 -455 -1105 Fax: 425- 646 -3517 Page 1 of 4 Subdivision Guarantee SCHEDULE A 1. Name of Assured: John Pruitt and 2. Date of Guarantee: November 27, 2002 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: John W. Pruitt, as his separate estate c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 4997500005 Year Billed Paid Balance 2002 $2,272.99 $2,272.99 $0.00 Total amount due, not including interest and penalty: $0.00. Levy Code: 2380 Assessed Value Land: L $38,000.00 Assessed Value Improvements: $131,000.00 Order No.: 10085535 4.• Right to make necessary slopes for cuts or fills upon the land herein described as granted to KING COUNTY by deed recorded under Recording No. 4467605. Page 2 of 4 z w 00 CO 0 cnw J F-. 0u. w La = • d z � t- o z • al U o -- o ff w uj . u'O w z o~ z 5. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF M.W. ADDITION. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 6. Right to make necessary slopes for cuts or fills upon the land herein described as granted to KING COUNTY by deed recorded under Recording No. 7105100449. 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ADDRESS: LOAN NO.: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: Subdivision Guarantee JOHN PRUITT AND MARY ROGERS, BOTH UNMARRIED INDIVIDUALS FIRST AMERICAN KEY BANK NATIONAL ASSOCIATION PO BOX 16430, BOISE, ID 83715 473101455838 $100,000.00 MAY 8, 2001 MAY 22, 2001 20010522001890 Order No.: 10085535 Commonwealth Land Title Insurance Company is a Pennsylvania corporation, a wholly owned subsidiary of LandAmerica Financial Group, Inc., and is in no way affiliated or connected with Commonwealth Title Company of Pierce County, Washington. fjg /cgg Page 3 of 4 2 LEGAL DESCRIPTION: EXHIBIT A SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Order No.: 10085535 TRACT 1 OF M.W. ADDITION, AS PER PLAT RECORDED IN VOLUME 53 OF PLATS, PAGE 48, RECORDS OF KING COUNTY AUDITOR; EXCEPT THAT PORTION THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7105100449; z _I- w ;. J0, U O; Co w =! w 0 g J = a z �, 1-0 Z �- j o , 0 SS 0 H w w, - 0' Z : w 0 ~ T) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property, or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Detects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured: or (3) which do not result in the invalidity or potential invalidity of any Judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured ": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land ": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage ": mortgage, deed of trust, trust deed. or other security instrument (d) "public records ": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date ": the effective date. 2. Notice of Claim to be Given by Assured Claimant An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) WA.17.02.00; SC No.: 11727 • Order No.: 10085535 establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall riot exceed the least of. (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon: or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. Page 1 of 2 CONDITIONS AND STIPULATIONS CONTINUED In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or Litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. (b) CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) Order No.: 10085535 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is 51.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of 51,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261.7567. Page 2 of 2 THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. '0904 A al 444 W i.42 0 /37.10 I.4$ .45Wfd6 r •24 -47 W 150 . �\ o 7 , n r w o 2 Y y �' 03 a '/ /00 S o�1 153RD gT ,,/ 87 - 47w «< 5/0.98 (P) ( <t //7. 90 11 7.90 SECTION: 23 TOWNSHIP: 23N RANGE: 04E z o zo 00 0 ,e) 0 1.'3 7 2 3 $ A q 0 5 I °°1g6 1 3. - p ««( T �\� $ qoo y 2 2 a 3 p2 y , I 4 5 e; 70 )t 4 �o ' G 79060/oq I /30 10.00 /30 P •47 W90 275.9 (K 17 1.501.0 N. i )394.714. Ir. S R. 050 o 0 30 90 •N • O .. 333 g Q 3e «e 514.0'£ C-5771 .44 5 Oa 3 0C' p9 ( 0 A 4 73.25 1 L5 2° m `c!1 N �; F. I If ! 0 0 050 w a ol ts 5 (P) /20.35 .<(<, { • • 0 O 2.1 011.21t 3a9 a0 AMEND. N {�� Al BB z4 153RD ( IOAka sr.) .4, se 6 7 lIvr 0�5 8 ER1 J 7. J O ' a �n 4 ' o T V� W . $ J 4 o . 0 N H 4, - G C' o - 4' c 0 ...... 19990720000785 Return to: QUIT CLAIM DEED . PACIFIC NORTHWEST TILE TILE GRANTOR �7q /A3 Pr i / T7' EFG for and in consideration of Love r"" conveys and quit claims to /yin A. ,e096 rf the following described real estate, situated in the County of k /�� State of Washington, together with all alter acquired title of the grantot(s) therein: 1.07 1 mw 40o Less s kECz iz clE /tt) vo L 53 ...61q6 y ff o F 1914-%-5 's T4, -e /ti R. C , w Additional on page Assessor's 'fax Parcel IDO Dated/ STATE OF WASHINGTON, County of `C' I hereby crti y that 1 know or vc satisfa9tary evidence that loon %A) Dated SS 99 7so -Oaa is the person(s) who appeared before me, and said person(s) acknowledged that (he, she, they) signed this msUument and acknowledged it to be (his, her, their) free and voluntary act for the uses and purposes mentioned in this instrument residing at eF/�it My appotuitnicut expires E KTAt;ot�ll y1 SALE 00" 'I nd for the State of Wuhington C. THOMPSON HERNDON ROGMRS Fruited Name PAGE 001 Of 002 LL0- I2O)t IIIIIIIIIIIIIIII KNO .4 ��YA .ca 5. w 19990930001790 Return to: STATE: OF WASHINGTON. County of Mary rogers John pruitt CUSTOI1ER OCt) 0.115 E1713548 00/ / 00 0 12:26 KITY, yA NN T SILE 11:N 1999e930001790 PAGE 501 OF 051 (w /3(i /t9lag 12:25 XING COUNTY, UN QUIT CLAIM DEED X iSt . PACIFIC NORTHWEST TITLE THfi GRANTOR �jl�'�� I` 0 6 f �> A Fr6C 7/'6 A/ for and in consideration of L_0V 6 A ^� conveys and quit claims to - 3 - 6 U the following described real estate, situated in the County of / 4.. t . Al ti State of Washington, together with all aRer acquired title of the grantor(s) therein: I i / port.. ,''' t) POD Lc'Ss ST 4 v01 5 3 (iiye 44' 6f PL /-"s S; 7,9 -7 ,'ti .r, w Pro ; Additional on page Assessor's Tax Parcel IOU DD � 99.72(1....- 00 9 5 Dated `)IAL t ? , _. U 1' I herebycertify that 1 kn w or have satisfactory evidence that 1/12(0:7, residing at „ ) i /7.LZ My appointment expires. _/,/ 2 y • __V,n 3 Printed Name Notary Seal PAGE 051 OF NZ �/. is the person(s) who appeared before nic. and said person(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 utstnintcnt. Dated �v otary Public in urd for the State of Washington 1' 9�e ' Tf/ V I 111.120111 % 9904230925 John W. Pruitt 110 Box 3922 Seattle. WA 98124 AFTER RECORDING RETURN TO: PERSON REPRESENTATIVE'S SPECIAL WARRANTY DEED STEPHEN CHARLES ROBINSON, Personal Representative of the Estate of EDWARD CHARLES ROBINSON, Deceased, for and in consideration of the sum of ONE HUNDRED FIFTEEN THOUSAND AND NO /100 DOLLARS, (S115,000.00), grants, bargains, sells, conveys and confirms to JOHN W. PRUITT, a single person, thc following described real property located in King County, Washington: Tract 1, M.W. Addition, according to the plat thereof recorded in Volume 53 of Plats, Page 48, in King County, Washington; EXCEPT that portion thereof as conveyed to the City of Tukwila by Deed recorded under King County Recording No. 7105100449. Tax Parcel No.: 499750 -0005 -01 SUBJECT TO all easements, restrictions, covenants, conditions, agreements and reservations of record, if any EDWARD CHARLES ROBINSON died testate on August 19, 1998, and STEPHEN CHRLES ROBINSON has beat duly appointed, has qualified and is thc acting Personal Representative of the Estate under County Superior Court Cause No. 98-4- 03973 -3. Pursuant to an ordcr of said Court appointing said Personal Representative, thc Personal Representative is authorized, without further order of the Court, to transfer the real property of the Estate. The Grantor for himself and for his successors in interest expressly limits thc covenants of this Dccd to those expressed herein and excludes all covenants arising by statutory or other implication, and does hereby covenant with Granters that he has not done anything by which the fcc simple title to the above described real property is or may be encumbered. DATED this 21st day of April, 1999. STATE OF WASHINGTON ) ) u. COUNTY OF KING ail/A, STEPHEN CHARLES ROBINSON Personal Representative On this day personally appeared bcforc mc STEPHEN CHARLES ROBINSON, as thc Personal Representative of the Estate of EDWARD CHARLES ROBINSON, Deceased, to mc known 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 decd in accordance with his statutory duty as Personal Representative. GIVEN UND AND AND OFFICIAL SEAL this ..? day of April, 1999. / •, (4 s,/'' NOTARY UBLIC in andfor the State of Washington, residing at MY COMMISSION EXPIRES: Ei680276 04/23/99 2047.00 ii5000.00 20010507000480 Filed for Record at Request of John Pruitt and Mary Rogers 6433 South 153 Street Tukwila WA 98188 The GRANTOR, SIDNEY, LLC, a Limited Liability Company transfers property, to convey and quit claims to Mary Rogers and John Pruitt, the following - described real estate, situated in the City of Tukwila, in County of King, State of Washington, together with all after- acquired title of the grantor(s) therein Lot 1 MW ADD LESS ST Recorded in Vol 53 Page 48 of Plats situated in the County of King, In the State of Washington Tax Parcel Number 499750- 0005 -01 DATED this day of May, 2001 JO RUIT ember QUIT CLAIM DEED 2. E1816099 05/07/2001 02 ae KING COUNTY, WA S E $00 00 111 III 111111111111111 20010 07000480 OEST PAINT QC,p a es PAGE 001 OF 002 05/07/2001 00'56 KING COUNTY, WA PAGE 001 OF 001 ..c`< • ;:. <:.�� Z i1 . • W 6 0 .00 !NJ) W W I. J � CO u_ W ° a . z I-- O. z F— � o v 0— o t— w w �v_ ~ O w z 0 1 0 NIP STATE OF WASHINGTON ) ) ss COUNTY OF KING On this day personally appeared before me c./ 0 Nov W -- ------ , to me known to be the individual descnbed 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 uses and purposes therein mentioned G�? GIVEN under my hand and official seal this 3 ' day of f )1 Print Name Gv,.i a ea ! d / NOTARY PUBLIC in and fo the S f of Washington, residing at ,S'6' . 141 My Commission Expires o3 0c( 3 z • = Z ;#- w . 6 o o N C cn w ': W = F- . u) wO u. Q S2 a = • w _. z � 1- o z U � - , 0 H w w. O . z: Lu z 20010514000041 Mary Roger Filed for Record at Request of Sidney, LLC 6433 South 153 "' Street Tukwila WA 98188 (Nil' CLAIM DEED The GRANTORS, Mary Rogers and John Pruitt, as part of the formation of a Limited Liability Company and transfer of their property to that company, convey and quit claims to SIDNEY, LLC, a Washington Limited Company, the following - described real estate, situated in the City of Tukwila, in County of King, State of Washington, together with all after - acquired title of the grantor(s) therein Lot 1 MW ADD LESS ST Recorded in Vol 53 Page 48 of Plats situated in the County of King, In the State of Washington Tax Parcel Number 499750- 0005 -01 SIDNEY 0 0 1 40 0041 PAGE 081 OF 002 0 08 05 /14/2001 08 49 KING COUNTY, WA E1817095 06/14/200 08, 49 Kin COUNTY, LJA SALE 00 PAGE 001 OF 001 {:{ d+ C d+ C C STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me J� f: 1, f r u f 7' �..,� M .. y Q a r S , to me known to be the individual described in and who executed t within d foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this f'14 a, , 2001 ' - P QLD 41N fzi:e N', 1:410#, , i • PUBLIC - 0 ....l Ij`\\ WAS /( day of NOTARY PUBLIC in and fgI the Stat of Washington, residing at � My Commission Expires D 3 -0 ?—a3 20010522001890 VARIABLE $100,000.00 05/12/01 05/12/31 011201226550C 473101455838 When Recorded Return to KeyBank National Association P.O. Box 16430 Boise, ID 83715 (206) 585 -9380 HOME EQUITY LINE DEED OF TRUST GRANTOR(S) JOHN PRUITT UNMARRIED MARY ROGERS UNMARRIED GRANTEE ('Lender"): KeyBank National Association P.O. Box 16430 Boise, ID 83715 TRUSTEE FIRST AMERICAN 720 THIRD AVE, SUITE 2020 SEATTLE, WA 98104 ABBREVIATED LEGAL DESCRIPTION LOT 1 VOL 53 PG 48 (Additional legal description on page 7) ASSESSOR'S TAX PARCEL OR ACCOUNT NUMBER: 499750005 o I i I Illl II II I I , III II II II� I` �II Ili �� II III iI I Ili I I p � I I I 1 li( III I II I , le l I IIII III ill,li III I I LI I I lu i t 2 010522001890 p q // B A N 001 OF 007 T 14.00 KI WA BORROWER JOHN W. PRUITT JR MARY E. ROGERS • f y AADR6SS1 `f. 6433 S 153RD ST TLf .A W 98188 IONTIVIdAtI0NNo. . Ip I II I I I I II 1, J 110 I III p lir It In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein, which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby irrevocably bargains, sells, transfers, KegraEnts, a cone s J a t ional end as s signs to ogj Truateex his on successors and assigns, in trust, for y � A 4410 Tied n Road, &» a B. Brooklyn, Ohio 44144 ( beneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantor's present and future estate, right, title and interest in and to the real property described in Schedule Awhich is attached to this Deed of Trust and incorporated herein by this reference, together with all present and future improvements and fixtures, all tangible personal property including, without limitation, all machinery, equipment, building matenals, and goods of every nature (excluding household goods) now or hereafter located on or used in connection with the real property, whether or not affixed to the land, all privileges, hereditaments, and appurtenances, all leases, licenses and other agreements, all rents, issues and profits, all water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property), to have and to hold the Property and the rights hereby granted for the use and benefit of Trustee, his successors and assigns, until payment In full of all Obligations secured hereby Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly warrant, covenant, and agree with Lender and Trustee and their successors and assigns as follows 1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations and covenants of Borrower or Granto (cumulatively 'Obligations') to Lender pursuant to (a) this Deed of Trust and the following promissory notes and other agreements (b) Q all other presently existing or future wntten evidences of indebtedness, obligations, agreements, instruments, guaranties or otherwise with Lender (whether Incurred for the same or d fluent purposes than the foregoing), (o) future advances, whether obligatory or optional, to the same extent as if made contemporaneously with the execution of this Deed of Trust, made or extended to or on behalf of Grantor or Borrower Grantor agrees that if one of the Obligations is a line of credit, the lien of this Deed of Trust shall continue until payment in full of all debt due under the lino notwithstanding the fact that from time to time (but before termination of the line) no balance may be outstanding At no time shall the lien of this Deed of Trust, not including amounts advanced to protect the security of this Deed of Trust, exceed $ 100.000.00 , and LPWA5le 0 John H 11uluW Co 02 /0e /9el (coo) 937 3799 Pug. I or 7 `7" LPwAMIaa 0 John H Neff and Co (t2 /0e /98) (ace) 937-3709 "-) P.g. 2 of 7 (d) all repeated amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing As used in this Paragraph 1, the terms Grantor and Borrower shall include and also moan any Grantor or Borrower if more than one 2 REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lander that (a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances and claims except for this Deed of Trust and those descnbed in Schedule B which is attached to this Deed of Trust and incorporated herein by reference, which Grantor agrees to pay and perform in a timely manner, (b) Grantor Is in compliance in all respects with all applicable federal, state and local laws and regulations, Including, without limitation, those relating to 'Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal government nor the State of Washington Department of Ecology nor any other governmental or quasi governmental entity has filed a hen on the Property, nor are there any governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge, threatened, which involve the Property Neither Grantor nor, to the best of Grantor's knowledge, any other party has used generated, released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any Hazardous Matenals to or from the Property. Grantor shall not commit or permit such actions to be taken in the future The term 'Hazardous Matenals" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited to (I) petroleum, (ii) friable or nonfriable asbestos, (iii) polychlorinated biphanyts, (iv) those O 2 substances, matenals or wastes designated as a 'hazardous substance' pursuant to Section 311 of the Clean Water Act or Eta listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to those statutes, (v) those c substances, matenals or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute, and (vi) those substances, materials or wastes defined as a — "hazardous substance' pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or c-4 ordinance now or hereafter in effect Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of the Property with Hazardous Matenals or toxic substances, (c) All applicable laws and regulations including, without limitation, the Americans with Disabilities Act, 42 U S C 12101 et seq (and all regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by c virtue of any federal, state or municipal authority with junsdiotion over the Property, presently are and shall be observed and ` p complied with in all material respects, and all nghts, licenses, permits, and certificates of occupancy (Including but not limited to zoning variances, special exceptions for nonconforming uses, and final inspection approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently are and shall be obtained, preserved and, where necessary, renewed, (d) Grantor has the right and is duly authorized to execute and perform its Obligations under this Deed of Trust and these actions do not and shalt not conflict with the provisions of any statute, regulation, ordinance, rule of law, contract or other agreement which may be binding on Grantor at any time; (e) No action or proceeding is or shall be pending or threatened which might matenally affect the Property, and (f) Grantor has not violated and shall not violate any statute, regulation, ordinance, rule of law, contract or other agreement which might matenally affect the Property (including, but not limited to, those governing Hazardous Materials) or Lender's rights or interest in the Property pursuant to thus Deed of Trust 3. PRIOR DEEDS OF TRUST. Grantor represents and warrants that there are no pnor deeds of trust affecting any part of the Property except as set forth on Schedule B attached to this Deed of Trust which Grantor agrees to pay and perform in a timely manner If there are any prior deeds of trust then Grantor agrees to pay all amounts owed, and perform all obligations required, under such deeds of trust and the indebtedness secured thereby 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In the event of a sate, conveyance, lease, contract for deed or transfer to any person of all or any part of the real property described in Schedule A, or any interest therein, or of all or any beneficial interest in Borrower or Grantor Of Borrower or Grantor is not a natural person or persons but is a corporation, limited liability company, partnership, trust, or other legal entity), Lender may, at its option, declare the outstanding principal balance of the Obligations plus accrued interest thereon immediately duo and payable, or, at Lender's sole option, Lender may consent to said conveyance In writing and may increase the interest rate of this Deed of Trust to the Interest rate which Lender would then commit to make a first mortgage loan of similar character with similar security, as determined by Lender in its sold discretion, or compensate Lender for such increased risk resulting from the breach of the foregoing covenants At Lender's request, Grantor or Borrower, as the case may be, shell furnish a complete statement setting forth all of its stockholders, members or partners, as appropriate, and the extent of their respective ownership interests 5. ASSIGNMENT OF RENTS In consideration of the Obligations which are secured by this Deed of Trust, Grantor absolutely assigns to Lender all Grantor's estate, right, title, interest claim and demand now owned or hereafter acquired in all existing and future leases of the Property (Including extensions, renewals and subleases), all agreements for use and occupancy of the Property (all such leases and agreements whether written or oral, are hereafter referred to as the 'Leases'), and all guaranties of lessees performance under the Leases, together with the immediate and continuing nght to collect and receive all of the rents, income, receipts, revenues, issues, profits and other income of any nature now or hereafter due (Including any income of any nature Doming due dunng any redemption period) under the Leases or from or ansing out of the Property, including minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance contributions, deficiency rents, liquidated damages following default in any Lease, all proceeds payable under any policy of insurance covering loss of rents resueing from untanantabilrty caused by destruction or damage to the Property, all proceeds payable as a result of a lessee's exercise of an option to purchase the Property, all proceeds dehved from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any rights and claims of any kind which Grantor may have against any lessee under the Leases or any occupants of the Property (all of the above are hereafter collectively referred to as the 'Rents') This assignment is subject to the right, power and authority given to the Lender to collect and apply the Rents This assignment is recorded in accordance with RCW 65 08 070, the lien created by this assignment is intended to be epectfio, perfected, and choate upon the recording of this Deed of Trust, all as provided in RCW 7 28 230(3) as amended from time to time As long as there is no default under the Obligations or this Deed of Trust, Lender grants Grantor a revocable license to collect all Rents from the Leases when due and to use such proceeds in Grantor's business operations However, Lender may at any time require Grantor to deposit all Rents into an account maintained by Grantor or Lender at Lender's institution Upon default in the payment of, or in the performance of, any of the Obligations, Lender may at its option take possession of the Property and have, hold, manage, lease and operate the Property on terms and for a period of time that Lender deems proper Lender may proceed to collect and receive all Rents, from the Property, and Lender shall have full power to periodically make alterations, renovations, repairs or replacements to the Properly as Lender may deem proper Lender may apply all Rents in Lender's sole discretion, to payment of the Obligation or to the payment of the coat of such alterations, renovations, repairs and replacements and any expense° inadent to taking and retaining possession of the Property and the management and operation of the Property Lender may keep the Property properly insured and may discharge any taxes, charges, claims, assessments and other liens which may accrue. The expense and cost of these actions may be paid from the Rents received, and any unpaid amounts shall be added to the principal of the Obligations These amounts, together with other costs, shall become part of the Obligations secured by this Deed of Trust 6. LEASES AND OTHER AGREEMENTS Grantor shall not take or fail to take any action which may cause or permit the termination or the withholding of any payment in connection with any Lease pertaining to the Property In addition, Grantor, without Lender's pnor written consent, shall not (a) collect any monies payable under any Lease more than one month in advance, (b) modify any Lease, (o) assign or allow a lien, security interest or other encumbrance to be placed upon Grantor's rights, title and interest in and to any Lease or the amounts payable thereunder, or (d) terminate or cancel any Lease except for the nonpayment of any sum or other material breach by the other party thereto If Grantor receives at any time any written communication asserting a default by Grantor under any Lease or purporting to terminate or cancel any Lease, Grantor shall promptly forward a copy of such communication (and any subsequent communications relating thereto) to Lender All such Leases and the amounts due to Grantor thereunder are hereby assigned to Lender as additional security for the Obligations 7 COLLECTION OF INDEBTEDNESS FROM THIRD PARTY. Lender shall be entitled to notify or require Grantor to notify any third party (including, but not limited to, lessees, licensees, governmental authorities and insurance companies) to pay Lender any indebtedness or obligation owing to Grantor with respect to the Property (cumulatively ' Indebtedness") whether or not a default exists under this Deed of Trust. Grantor shall diligently collect the Indebtedness owing to Grantor from these third parties until the giving of such notification In the event that Grantor possesses or receives possession of any instruments or other remittances with respect to the Indebtedness following the of such notification or if the instruments or other remittances i ' ; • rPWAe1 OC 0 John H Harland Co (12/08/68) 000) 037 3790 Page 3d with respect to the Indebtedness following the giving of such notification or if the Instruments or other remittances constitute the prepayment of any Indebtedness or the payment of any insurance or condemnation proceeds, Grantor shall hold such instruments and other remittances in trust for Lender apart from its other property, endorse the instruments and other remittances to Lender, and immediately provide Lender with possession of the instruments and other remittances Lender shall be entitled, but not required, to collect (by legal proceedings or otherwise), extend the time for payment, compromise, exchange or release any obligor or collateral, or otherwise settle any of the Indebtedness whether or not an Event of Default exists under this Deed of Trust Lender shall not be liable to Grantor for any action, error, mistake, omission or delay pertaining to tho actions described in this paragraph or any damages resulting therefrom Notwithstanding the foregoing, nothing heroin shall cause Lender to be deemed a mortgages-in-possession 8 USE AND MAINTENANCE OF PROPERTY Grantor shall take all actions and make any repairs needed to maintain the Property in good condition Grantor shall not commit or permit any waste to be committed with respect to the Property Grantor shall use the Property solely in compliance with applicable law and insurance policies Grantor shall not make any alterations, additions or improvements to the Property without Lender's prior wntten consent Without limiting the foregoing, all alterations, additions and improvements made to the Property shall be subject to the beneficial interest belonging to Lender, shall not be removed without Lender's prior written consent, and shall be made at Grantor's sole expense 9 LOSS OR DAMAGE Grantor shall bear the entire risk of any loss, theft, destruction or damage (cumulatively 'Loss or Damage') to the Property or any portion thereof from any cause whatsoever In the event of any Loss or Damage, Grantor shall, at the option of Lender, repair the affected Property to its previous condition or pay or cause to be paid to Lender the decrease in the fair market value of the affected Property 10 INSURANCE. The Property will be kept insured for its full insurable value (replacement cost) against all hazards including loss or damage caused by flood, earthquake, tornado and fire, theft or other casualty to the extent required by Lender Grantor may obtain insurance on the Property from such companies as are acceptable to Lender in Its solo discretion The insurance policies shall require the insurance company to provide Lender with at least _3A_ days' written notice before such policies are altered or cancelled in any manner The insurance policies shall name Lender as a loss payee and provide that no act or omission of Grantor or any other person shall affect the nght of Lender to bo paid the insurance proceeds pertaining to the loss or damage of the Property In the event Grantor fails to acquire or maintain insurance, Lender (after providing notice as may be required by law) may in its discretion procure appropriate insurance coverage upon the Property and the insurance coat shall be an advance payable and bearing interest as described in Paragraph 24 and secured hereby Grantor shall furnish Lender with evidence of insurance indicating the required coverage Lender may act as attorneyin•fact for Grantor in making and settling claims under insurance policies, cancelling any policy or endorsing Grantor's name on any draft or negotiable instrument drawn by any insurer All such insurance policies shall be Immediately assigned, pledged end delivered to Lender as further security for the Obligations In the event of loss, Grantor shall immediately give Lender written notice and Lender is authonzed to make proof of loss Each insurance company is directed to make payments directly to Lender instead of to Lander and Grantor Lender shall have the right, at its sole option, to apply such monies toward the Obligations or toward the coat of rebuilding and restoring the Property Any amounts may at Lender's option be applied in the inverse order of the duo dates thereof 11. ZONING AND PRIVATE COVENANTS. Grantor shall not initiate or consent to any change in the zoning provisions or private covenants affecting the use of the Property without Lender's pnor written consent If Grantor's use of the Property is or becomes a nonconforming use under any zoning provision, Grantor shall not cause or permit such use to be discontinued or abandoned without the pnor written consent of Lender Grantor will immediately provide Lender with wntten notice of any proposed changes to the zoning provisions or private covenants affecting the Property 12. CONDEMNATION Grantor shall immediately provide Lender with written notice of any actual or threatened condemnation , or eminent domain proceeding pertaining to the Property All monies payable to Grantor from such condemnation or taking are hereby assigned to Lender and shall be applied first to the payment of Lender's attorneys' fees, legal expenses and other costs (including appraisal fees) in connection with the condemnation or eminent domain proceedings and then, at the option of Lender, ▪ to the payment of the Obligations or the restoration or repair of the Property 0 13. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS Grantor shall immediately provide Lender with wntton c v notice of any actual or threatened action, suit, or other proceeding affecting the Property Grantor hereby appoints Lender as its N attomey-in -fact to commence, intervene in, and defend such actions, suits, or other legal proceedings and to compromise or settle any claim or controversy pertaining thereto Lender shall not be liable to Grantor for any action, error, mistake, omission or ▪ delay pertaining to the actions descnbed in this paragraph or any damages resulting therefrom Nothing contained herein will prevent Lender from taking the actions descnbed in this paragraph in its own name .— 14. INDEMNIFICATION Lender shall not assume or be responsible for tho performance of any of Grantor's obligations with respect to the Property under any circumstances Grantor shall immediately provide Lender with written notice of and indemnify o and hold Lender and its shareholders, directors, officers, employees and agents harmless from all claims, damages, liabilities N (including attorneys' fees and legal expenses), causes of action, actions, suits and other legal proceedings (cumulatively "Claims') pertaining to the Property Grantor, upon the request of Lender, shall hire legal counsel to defend Lender from such Claims, and pay the attorneys' fees, legal expenses and other costs incurred in connection therewith In the alternative, Lender shall be entitled to employ its own legal counsel to defend such Claims at Grantor's cost. Grantor's obligation to indemnify Lender under this paragraph shall survive the termination, release or foreclosure of Deed of Trust 15 TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessments relating to the Property when due and immediately provide Lender evidence of payment of same Upon the request of Lender, Grantor shall deposit with Lander each month one - twelfth (1/12) of the estimated annual insurance premium, taxes and assessments pertaining to the Property So long as there is no default, these amounts shall be applied to the payment of taxes, assessments and Insurance as required on the Property In the event of default, Lender shall have the right, at its sole option, to apply the funds so held to pay any taxes or against the Obligations Any funds applied may, at Lender's option, be applied in reverse order of the due date thereof 16 INSPECTION OF PROPERTY, BOOKS, RECORDS AND REPORTS Grantor shall allow Lender or its agents to examine and inspect the Property and examine, inspect and make copies of Grantor's books and records pertaining to the Property from time to time Grantor shall provide any assistance required by Lender for these purposes All of the signatures and information contained in Grantor's books and records shall be genuine, true, accurate and complete in all respects Grantor shall note the existence of Lender's beneficial interest in its books and records pertaining to the Property Additionally, Grantor shall report, in a form satisfactory to Lender, such information as Lender may request regarding Grantor's financial condition or the Property The information shall be for such penode, shall reflect Grantor's records at such time, and shall be rendered with such frequency as Lender may designate All information furnished by Grantor to Lender shall be true. accurate and complete in all respects, and signed by Grantor rf Lender requests 17. ESTOPPEL CERTIFICATES Within ten (10) days after any request by Lender, Grantor shall deliver to Lander, or any intended transferee of Lender's rights with respect to the Obligations, a signed and acknowledged statement specifying (a) the outstanding balance on the Obligations, end (b) whether Grantor possesses any claims, defenses, set -offs or counterclaims with respect to the Obligations and, if so, the nature of such claims, defenses, setoffs or counterclaims Grantor will be conclusively bound by any representation that Lender may make to the intended transferee with respect to these matters in the event that Grantor fails to provide the requested statement in a timely manner 18 EVENTS OF DEFAULT. An Event of Default shall occur under this Deed of Trust and the Trustee's power shall become operative in the event that Grantor, Borrower or any guarantor of any Obligation (a) commits fraud or makes a material misrepresentation at any time in connection with the Obligations or this Mortgage, (b) fails to meet the repayment terms of the Obligations for any outstanding balance, or (c) by any action or inaction, adversely affects the Property, or any right of Lender in such Property, including, but not limited to, transfer of title to or sale of the Property without the permission of Lander, failure to maintain required insurance or to pay taxes on the Property, allowing the tiling of a lien senior to that held by Lender, death of the sole Borrower obligated under the Obligations, allowing the taking of the Property through eminent domain, or allowing the Property to be foreclosed by a lienholder other than Lender In addition, an Event of Default shall occur if, as a result of any of the following, the Property, or any nght of the Lender in the Property, is adversely affected the Borrower, Mortgagor or any guarantor of any Obligation commits waste or otherwise destructively uses or fails to maintain the Property, uses the property in an illegal manner which may subject the Property to seizure, or moves form the Property, a judgment is filed against the Borrower, Mortgagor or any guarantor of any Obligation, or one of two Borrowers obligated under the Obligations dins 19. RIGHTS OF LENDER ON EVENT OF DEFAULT. Upon the occurrence of an Event of Default under this Deed of Trust, Lander shall be entitled to exercise one or more of the following remedies without notice or demand (except as required by law) (a) to declare the Obiigations immediately due and payable in full, such acceleration shell be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code, (o to collect the outstanding Obligations with or without resorting to judicial process; ) to require Grantor to deliver and make available to Lender any personal property or Chattels constituting the Property at a place reasonably convenient to Grantor and Lander, (d) to enter upon and take possession of the Property without applying for or obtaining the appointment of a receiver and, at Lender's option, to appoint a receiver without bond, without first bnnging suit on the Obligations and without otherwise meeting any statutory conditions regarding receivers, rt being intended that Lender shall have this contractual right to appoint a receiver, (e) to employ a managing agent of the Property and let the same, either In Trustee's own name, in the name of Lander or in the name of Grantor, and receive the rants, incomes, issues and profits of the Property and apply the same, after payment of all necessary charges and expenses, on account of the Obligations, (I) to pay any sums in any form or manner deemed expedient by Lender to protect the eecunty of this Deed of Trust or to cure any default other than payment of interest or principal on the Obligations, (9) to foreclose this Deed of Trust judicially or nonjudicially, (h) to set-off Grantor's Obligations against any amounts owed Grantor by Lender including, but not limited to, monies, instruments, and deposit accounts maintained with Lender or any currently existing or future affiliate of Lender, and (i) to exercise all other rights available to lender under any other written agreement or applicable law Lender's rights are cumulative and may be exercised together, separately, and in any order In the event that Lender instautea an action seeking the recovery of any of the Property by way of a prejudgment remedy in an action against Grantor, Grantor waives the posting of any bond which might otherwise be required Lender or Lender's designee may purchase the Property at any sale In the event Lender purchases the Property at the Trustee's sale, to the extent Lender's bid price exceeds the Obligations, Lender r� shall pay Trustee cash equal to such excess The Property or any part thereof may be sold in one parcel, or in such parcels, kT manner or order as Lender in its sole discretion may elect, and one or more exercises of the power herein granted shall not co extinguish or exhaust the power unless the entire Property is sold or the Obligations are paid in full 20. CONDOMINIUM COVENANTS. If the Property includes a unit in, together with the undivided interest in the common elements of, a condominium project or some other project subject to unit ownership law or similar law (the 'Condominium w Project"), and if the owners association or other entity (the "Owners Asaociatlon'a which acts for the Condominium Project holds title to property for the benefit or use of its members or shareholders, the Property also includes Grantor's interest in such title and N the use, proceeds and benefits of Grantor's interest in addition to the other covenants and agreements contained In this Deed of C Trust, Grantor and Lender further covenant and agree as follows (a) Grantor shall perform all of Grantor's obligations under the Lns Project's bylaws and code of regulations, (b) Grantor shall pay, when due, all dues and assessments imposed under the Condominium Protect, (o) Lender agrees that so long as the Owners Association maintains, wrth a generally accepted insurance earner, a'master or 'blanket' policy on the Property which is satisfactory to Lender and which provides insurance coverage in the o amounts, for the penods, and against the hazards Lender requires pursuant to Paragraph 10 of the Deed of Trust, that Grantor's obligation to maintain hazard insurance under Paragraph 10 shall be satisfied to the extent that the required coverage is provided c.J by the Owners Aaaociation Policy, and (d) Grantor shall gyve Lender prompt notice of any lapse in required hazard insurance coverage that is maintained by the Owners Association In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the condominium unit or to common elements, any proceeds payable to Grantor are hereby assigned and shall be paid to Lander for application to the Obligations, with any excess paid to Grantor 21 SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Deed of Trust shall be considered a financing statement and a fixture filing pursuant to the provisions of the Uniform Commercial Code (as adopted in the state where the Property is located) covering fixtures chattels, and articles of personal property now owned or hereafter attached to or to be used in connection with the Property together with any and all replacements thereof and additions thereto (the "Chattels'), and Grantor hereby grants Lender a security interest In such Chattels The debtor is the Grantor described above The secured party is the Lander described above Upon demand, Grantor shall make, execute and deliver such security agreements (as such term is defined in said Unrform Commercial Code) as Lender at any time may deem necessary or proper or require to grant to Lender a perfected security interest in the Chattels, and upon Grantors failure to do so, Lander is authonzed to sign any such agreement as the agent of Grantor Grantor hereby authorizes !.ender to file financing statements (as such term is defined in said Uniform Commercial Code) with respect to the Chattels, at any time, without the signature of Grantor Grantor will, however, at any time upon request of Under, sign such financing statements Grantor will pay all tiling fees for the filing of such financing statements and for the reeling thereof at the times required, in the opinion of Lender, by said Uniform Commercial Cods If the lien of this Deed of Trust is subject to any security agreement covering the Chattels, then in the event of any default under this Deed of Trust, all the right, title and interest of Grantor in and to any and all of the Chattels is hereby assigned to Lander, together with the benefit of any deposits or payments now or hereafter made thereof by Grantor or the predecessors or successors in title of Grantor in the Property 22 USE OF PROPERTY /PURPOSE OF OBLIGATIONS The Property is not used principally for agricultural purposes 0 If checked, the Obligations secured by thte Deed of Trust were incurred primarily for commercial, investment or business purposes and not for personal, family or household pur sea 23. SERVICING OF THE OBLIGATIONS x[ It checked, the servicing for all or part of the Obligations is subject to sale, transfer or assignment Upon transfer of the servicing, the purchasing servicing agent is required to provide notification to the Grantor 24. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expand funds (including attorneys' fees and legal expenses) to perform any act required to be taken by Grantor or to exorcise any right or remedy of Lender under this Deed of Trust Upon demand, Grantor shall Immediately reimburse Lender for all such amounts expended by Lender together with interest thereon at the lower of the highest rate described In any Obligation or the highest rate allowed by law from the date of payment until the date of reimbursement These sums shall be included in the definition of Obligations herein and shall be secured by the beneficial interest granted herein N the Obligations are paid after the beginning of publication of notice of sale, u herein provided, or in the event Lander shall, at its sole option, permit Grantor to pay any part of the Obligations after the beginning of publication of notice of sale, as herein provided, then, Grantor shall pay on demand all expenses incurred by the Trustee and Lender in connection with said publication, including reasonable attorneys' fees to the attorneys for the Trustee and for the Lender, and a reasonable fee to the Trustee, and this Deed of Trust shall be security for all such expenses and fees 25. APPLICATION OF PAYMENTS. All payments made by or on behalf of Grantor may be applied against the amounts paid by Lender (including attorneys' fees and legal expenses) in connection with the exercise of its nghts or remedies described in this Deed of Trust and then to the payment of the remaining Obligations in whatever order Lender chooses 28. POWER OF ATTORNEY. Grantor hereby appoints Lender as its attomey-in -fact to endorse Grantor's name on all instruments and other documents pertaining to the Obligations or Indebtedness In addition, Lender shall be entitled, but not required, to perform any action or execute any document required to be taken or executed by Grantor under this Deed of Trust Lender's performance of such action or execution of such documents shall not relieve Grantor from any Obligation or cure any default under this Deed of Trust The powers of attorney described in this Deed of Trust ere coupled with an interest and are irrevocable 27. SUBROGATION OF LENDER Lender shall be subrogated to the rights of the holder of any previous lien, security interest or encumbrance discharged with funds advanced by Lender regardless of whether these liens, security interests or other 28. COLLECTION COSTS. To the extent permitted by law, Grantor agrees to pay Lender's reasonable fees and costs, including, but not limited to, fees and costs of attorneys and other agents (Including without limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee of Lender, which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Deed of Trust, whether or not sun is brought, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for poateudgment collection actions 29. RELEASE AND RECONVEYANCE. Lender may release its interest in a portion of the Property by executing and recording one or more partial released without affecting its interest in the remaining portion of the Property Nothing herein shall be deemed to obligate Lender to release any of its interest in the Property (except as required under paragraph 38), nor shall Lender be obligated to release any part of the Property if Grantor is in default under this Deed of Trust When all obligations have been paid in full, Lender shall request Trustee to reconvey the Property without warranty to the persons) legally entitled thereto Grantor shall be responsible for payment of all costs or reconveyanco, including recording fees and Trustee's fees prior to such reconveyance tpWssi eo 0 John H Hvt.t,d Co (12 /oe /se) (eoo) a17-3799 Peso 4 d 7 :.�,'. Z 00 J U) Li_ W I W Z i— O Z I- W D U co 0— DI— W W I I— H O .. W U= O~ Z ` • 30. MODIFICATION AND WAIVER The modification or waiver of any of Grantor's Obligations or Lender's nghts under this Deed of Trust must be contained in a wribng signed by Lender Lender may perform any of Borrower's or Grantor's Obligations, delay or fail to exercise any of its rights or accept payments from Grantor or anyone other than Grantor without causing a waiver of thqse Obligations or rights A waiver on one occasion shall not constitute a waiver on any other occasion Grantor's Obligations under this Deed of Trust shall not be affected if Lender repeatedly and unconditionally amends, compromises, exchanges, fails to exercise, impairs or releases any of the Obligations belonging to any Grantor, Borrower or third party or any of its rights against any Grantor, Borrower or third party or any of the Property Lender's failure to insist upon strict performance of any of the Obligations shall not be deemed a waiver, and Lender shall have the right at any time thereafter to insist upon strict performance 31. SUBSTITUTE TRUSTEE In case of the resignation, death, incapacity, disability or absence of the Trustee or in case the holder of the Obligations shall desire for any reason to remove the Trustee or any substitute trustee as trustee hereunder and to appoint a new trustee in his place and stead, the holder of the Obligations is hereby granted full power to appoint in writing a substitute trustee for said Trustee, and the substitute trustee shall, when appointed, become successor to all rights of Trustee hereunder and the same shall become vested in him for the purposes and objects of this Deed of Trust with all the power, duties and obligations herein conferred on the Trustee 32. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit of Grantor and Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees , 33. NOTICES Except as otherwise required by law, any notice or other communication to be provided under this Deed of Trust shall be in writing and sent to the parties at the addresses descnbed in this Deed of Trust or such other address as the parties may designate in writing from time to lime My such notice so given and sent by first class mail, postage prepaid, shall be deemed given the earlier of three (3) days after such notice is sent when received by the person to whom such notice is being given 34 SEVERABILITY. Whenever possible, each provision of this Deed of Trust shall be interpreted so as to be effective and valid under applicable state law If any provision of this Deed of Trust violates the law or is unenforceable, the rest of this Deed of Trust shall continue to be valid and enforceable 35 APPUCABLE LAW. This Deed of Trust shall be governed by the laws of the state where the Property is located Unless applicable law provides otherwise, Grantor consents to the jurisdiction and venue of any court selected by Lender, in its sole discretion, located in that state 38 NO THIRD-PARTY RIGHTS No person is or shall be a third -party beneficiary of any provision of this Deed of Trust All provisions of this Deed of Trust in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled to assume or expect that Lender will waive or consent to the modification of any provision of this Deed of Trust, in Lender's sole discretion 37 PRESERVATION OF UABIUTY AND PRIORITY, Without affecting the liability of Borrower, Grantor, or any guarantor of the Obligations, or any other person (except a person expressly released in writing) for the payment and performance of the Obligations, and without affecting the rights of Lender with respect to any Property not expressly released in writing, and without impairing in any way the priority of this Deed of Trust over the interest of any person acquired or first evidenced by recording subsequent to the recording of this Deed of Trust, Lander may, either before or after the maturity of the Obligations, and without notice or consent release any person liable for payment or performance of all or any part of the Obligations, make any agreement altering the terms of payment or performance of all or any part of the Obligations, exercise or refrain from exercising or waive any right or remedy that Lender may have under this Deed of Trust, accept additional security of any kind for any of the Obligations, or release or otherwise deal with any real or personal property securing the Obligations My person acquiring or recording evidence of any interest of any nature in the Property shall be deemed, by acquiring such interest or recording any evidence thereof, to have consented to all or any such actions by Lender 38. DEFEASANCE, Upon the payment and performance in full of all of the Obligations, Lender will oxecuto and deliver to Grantor those documents that may be required to release this Deed of Trust of record Grantor shall be responsible to pay any r� costa of recordation Cr, 39. MISCELLANEOUS Grantor and Lender agree that tune is of the essence Grantor waives presentment, demand for co payment, notice of dishonor and protest except as required by law All references to Grantor in this Deed of Trust shall include all • persons signing below If there is more than one Grantor, their Obligations shall be joint and several and shall be binding upon o any marital community of which any Grantor is a member (unless this Deed of Trust expressly states that the community shall not be liable) This Deed of Trust represents the complete integrated understanding between Grantor and Lender pertaining to the terms and conditions hereof N 40. JURY TRIAL WAIVER LENDER AND GRANTOR HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION us" ARISING OUT OF, OR BASED UPON, THIS DEED OF TRUST. 41. ADDITIONAL TERMS LPWASiaE 21 John 11 Harland Co (12/06/08) (BOO) 037 3700 Pas. 3 of 7 Dated this 8th day of May 2003. LPWAOHIF S John H Huland Co (iajoe /BE) (800) 07-3702 Grantor acknowledges that Grantor has read, understands, and agrees to the terms and conditions of this Deed of Trust, and acknowledges receipt of an exact copy of same GRANTOR MARY ROGERS GRANTOR GRANTOR GRANTOR GRANTOR GRANTOR GRANTOR Pogo eor7 Z • re • t� W 6 J UY U O W I. W a' g = a I . W, Z 1-O Z 2 D. D W W . F=-- U . Z O~ z car rr State of Washington County of I certify that I know or hfi a satisfactory issersnoaltttt — \ � is the • • on who appeared before me, artd�sard pp sor s, n } •g: • a signed this instrument and acknowledged rt to br r free and volunt a for th9Wsee art :' e • 1 d in e t Dated !3 / 0�0� / No), !, • (Print q appointment expires r r� VA tp : /l q a W ashington 1 11 fly � • `r tt S I certify that know or"have sahstactoi�•b *Q gt• _ State of County of Dated State of Washington County of I certify that I know or have satisfactory evidence that The following described real property located in the County of WTNri State of Wanhi net- on LPWA.116G 0 John M Harland Co (12 /Oe/ae) (500) 937 3799 461 c(ino-14--- v p is the pe • • ho appeared before me, and said person acknowl • ge •f at he goad this instrument and acknowledged rt to be his a n�d for the uses and p"rR a �j� m the in Tit Dated 't1� U j = TA! 4E46' • t: ,rrr,n • • • GO MMrs . . i > ; .p � M p r*me / expires State of Washington % t Cif 9 L m / w a: County of I �i certify that I know or have sati • • ,�Qn tha ' i is that person who appeared before me, and • that he /she signed this instrument, on oath stated that he /she was authorized to execute this Instrumer)eark e • edged rt as the of ���� to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Notary Public (Print Name) (Seal or Stamp) Title My appointment expires is that person who appeared before me, and said person acknowledged that he /she signed this Instrument, on oath stated that he /she was authorized to execute this instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument ar s m Dated 0 (Seal or Stamp) c.. Notary Public (Print Name) Title My appointment expires I SCHEDULE A I SCkkWULE 8 1<' o LOT 1 MW ADD LESS ST RECORDED IN VOL. 53 PAGE 48 OF PLATS cm, SITUATED IN LOT 1COUNTY L 30PGK48 KING, IN TITLE NO 1BRV :246894 P.aNd7�� ACCEPTED AND APPROVED CITY OF TUKWIa.A STATE OF WASHINGTON) 7105100449 kontos samuel kontos donna STATUTORY WARRANTY Deed THE GRANTOR, ',! for and in consideration of •'V/4L i lia/f' l•'nia' A"L1m 1 in hand paid, conveys and warrants to TILE CITY OF TUKWILA, the following described real estate, situated in the County of King, 0 State of Washington to the same extent and purpose as if the i �.. rights herein granted had been acquired by condemnation proceed - ings under Eminent Domain Statutes of the State of Washingt:;n: That portion of Lot 1 of K.W. Addition, as per plat recorded is 141. In Volume 53 of Plats, Page 48, records of Kinn County, lying E,star of a 1 n twenty five feet Westerly of, as meetured at q an Bluff St. (65th Ave. S.) as delineated by that certain aftidayit reco under Auditors file No. 710 2010298, egeee! o l6lMet. �j� This ensans w�n� ranee, 'R. 5 ' c' � o A � ;- ,'• 4 & 17 w ' c1 M1 l P l Cam. l rra 44 p r e k' with the right to make all necessary slopes for cuts and fills upon the abutting pror+erty and on each side of said described right of way, in conformity with standard plans and specificationr for highway purposes. 'It is understood and agreed that the delivery of this Dead is hereby tendered and that the ta=ms and obligations+ t.ereof shall not become binding upon the City of Tukwila, unless and until accepted and approved herein in writing for the City of Tukwila by the Mayor. DATED this )./ day o= ///,\ -�c• , 197$. On this day personally appeared before are (,,1ANNA /. KIN7 ,1i to me known to be the individual described in and who executed the •: within and foregoing instrument, and acknowledged that i1 /.Y signed ,.. the same as mf7' free and voluntary act and deed, for the uses and I. . purposes therein mentioned. GIVEN under my hand and official seal this �� day of j�1,,�• 1970. Stet f hingt residing at %,i I. lialmensivagueummistammiabanimi F11.F..D for Record at Request of Clef OF TUKW1U' 14475.50th AVENUE SOUT11 TUKW;LA, WAS 98067 vii OF PA•',f REQUEST OF 197' 1. ..,. 10 Mi 12 04 DIRECTOR RECORDS Si ELECTIONS KINO COUNTY, WASH. i z 6D J U UO N 0 . W = J F-. I 0 2 qq co = d' 1— In z I- 0 . z 1•- Lu 0 10 co 0 L- 2 W o r . O .. LLi in O ~ z { L ) __-_, STATUTORY_ WARRANTY DEEP) THE GRANTOR, •, AM l' F I . Ai, AM/35 "n(+ /YNP1/S A ' W '� for and in consideration of •^,'/NE OA'()R .5 /X r/ Ova: CALL/ s (' )�i7 ) in hand paid, convoys and warrants to TUE CITY or TUKWILA, the r following described real estate, situated in the County of King, State of Washington to the same extent and purpose as if the rights herein granted had been acquired by condemnation proceed- is hereby tendered and that the terms and obligations' Lereof shall not become binding upon the City of Tukwila, unless and until accepted and approved herein in writing for the City of Tukwila by the Mayor. DATEC this ) 7 day of 1970. ACCEPTED AND APPROVED CITY OF TUKWIA.A Ny T) . A P._` MAYOg STATE OF WASHINGTON) 8A COUNTY OP purposes t1•ve. •l 23- 13.16 .54■Wur2 On this day personally appeared biters me VHNN/3 /. He 417,11; to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that iW.CY signed the same as /11.74 free and voluntary act and deed, for the uses and therein mentioned'. GIVEN under my hand and official seal this (� day of 1970. // Y IC in d PURL � �i1 for the State. f hington, residing at ►: March 12, 2003 Mary E. Rogers John Pruitt 6433 South 153rd Street Tukwila, WA 98188 Re: Pruitt 2 -Lot Short Plat at 6433 South 153rd Street L03 -013 (Short Plat) Dear Ms. Rogers and Mr. Pruitt: City of Tukwila Department of Community Development Steve Lancaster, Director We have received and reviewed your documentation for the above - referenced application, submitted to us on March 5, 2003. We have the following comments. Please be advised that you have submitted an application form that is outdated and no longer in use. We are enclosing the current packet for a Short Plat application. In particular, please review the "Complete Application Checklist" and "King County Recorder's Format Requirements" located in the enclosed packet. Your Short Plat application has been found to be incomplete. In order to continue processing your application there are additional items that must be submitted to the Department of Community Development. These items are listed below. 1. You must provide two copies of a Title Report dated within 45 days of your March 5, 2003 application filing date (i.e., dated no earlier than January 15, 2003). The title report must clearly establish the following: a) the existing lot's status as a legal lot of record; b) property ownership; and c) all known easements and encumbrances. A completed Affidavit of Ownership executed by the owners of the property, as identified in the Title Report (see Item 1 above). Although you have provided an Affidavit executed by John Pruitt, King County's records show Mary Rogers, not John Pruitt, to be the property owner. A blank Affidavit of Ownership form is located in the enclosed application packet for your use. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 - 3670 • Fax: 206 - 431 - 3665 Steven M. Mullet, Mayor Mary E. Rogers John Pruitt March 12, 2003 Page 2 3. A written discussion of project consistency with decision criteria (see application packet). 4. Three copies of the plat plan, modified to include the following: a. Location, dimension and purpose of all existing and proposed easements. Provide a copy of all recorded documents which identify the nature and extent of all existing easements. b. The name of the plat (i.e., "Pruitt 2 -Lot Short Plat "). c. City of Tukwila file number (i.e. "L03- 013 "). d. A certificate with the current seal of and signature of the surveyor responsible for the survey and final plat with the following statement: "I, registered as a land surveyor for the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown thereon 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." Please note: Richard L. Schroeter's license is dated March 23, 2002 and has expired. Please make the necessary revisions. e. Dash in all required setback distances from all parcel lot lines. f. Show fire access lanes (and turn - arounds, if required) per Fire Department standards. 5. The subject property contains Sensitive Areas that have the potential for geologic instability. These areas have been designated as Class 3 on the Sensitive Areas Maps, dated 1990, on file with the Department of Community Development. Based on our comparison of your site plan with the Sensitive Areas Maps, we believe that the eastern half of proposed Lots 1 and 2 contain Class 3 Sensitive Areas. The characteristics of Class 3 Sensitive Areas are slopes within the 15% to 40% range, underlain by relatively impermeable soils, with high landslide potential. Per TMC 18.45.080(E)(4)(a) and (c), you must provide a geotechnical report for a Class 3 area which includes a site evaluation review of available information about the site, a surface reconnaissance of the site and adjacent areas, and a subsurface exploration of soils and hydrology conditions. Detailed slope stability analysis shall also be done if the geotechnical consultant recommends it in Class 3 areas. Mary E. Rogers John Pruitt March 12, 2003 Page 3 6. Three copies of a Sensitive Areas Plan showing the following: z a. Notation of all slope areas that are 20% or greater. i r✓ 1--z � w b. Location and species of all trees that are 4 -inch caliper in size and greater 2 and are located on slopes that have gradients of 20% or more. Please 0 indicate which of these trees will be retained and which will be removed. co 0 cn w c. A retention - removal plan for the preservation of all significant trees and vegetation located on slopes 20% or greater. 0 7. Three copies of the revised Site Plan, revised to include the expected location of g new buildings and driveways, including the finished floor elevations of the u.. buildings. = a w z � O. z t— w 0 aF- b. Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion i cwi ti O .. w 2 0 8. Three copies of Civil Plans, showing the following: a. One set of the three required sets of 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 ". calculations to NGVD 1929, if in a flood zone or flood -prone area. c. Existing (dashed) and proposed (solid) topography at 2 foot intervals (minimum 20 feet beyond the property lines). d. Total expected cut and fill for plat buildout. e. Existing and proposed utility easements and improvements, on site and in street (water, sewer, natural gas, telephone and 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 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. Plan, profile and cross - section for any right -of -way improvements. h. Show planned access to lots, driveways, fire access lanes and turn- arounds. z Mary E. Rogers John Pruitt March 12, 2003 Page 4 Sincerely, Enclosure 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. j. Show proposed lot and tract lines. k. Show the nearest existing hydrant and all proposed hydrants. co w 9. A high quality 8 -1/2" x 11" reduction of all revised plan sheets identified above. 10. Technical Information Report ( "TIR ") including feasibility analysis per King w 0 County Surface Water Design Manual (KCSWDM). For additional guidance, contact the Public Works Department at 206 - 433 -0179. a co = a � z � i— o w~ As a courtesy, we are providing you with the following preliminary information. Although the items listed below are not required at this time, you may wish to begin collecting this o E t- information. A more complete listing of items will be provided to you during our w substantive review process. I v u. 0 . w co ~ O H- z 11. 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. ADDITIONAL INFORMATION: 12. A tree clearing permit will be required for removal of any tree (of 4 inches in diameter at breast height) located in a sensitive area (slopes that have gradients of 20% or greater). Upon receipt of Items 1 through 11, the City will continue processing your application. This application will expire if we do not receive the additional information within 90 days of the date of this letter (June 13, 2003), unless an extension is granted pursuant to Section 18.104.070(E) of the Tukwila Municipal Code. If you should have any questions regarding the within, please do not hesitate to contact me at 206 - 431 -3663. er Deborah Ritter Senior Planner z Z 6 J V 00 co Page 1 Computer : COUNTER 36 TaxPayer Accounts N e d o A D / - ' 7 King c ounty Department of Assessmb11cs Parcel 359700 - 0321 Res Area : 051 -004 -0 Q -S -T -R : SE -23 -23-4 Type : R Levy : 2380 Lot : 17 Parcel Geo Area : Spec Area : Folio : 20850A Resp : R Block : Property Address : 15415 65TH AV S TUKWILA 98188 Legal Desc : INTERURBAN ADD TO SEATTLE BEG 210 FT N OF SW COR MEAS ALG W LN TH N 89 DEG 47 MIN 00 SEC E TO WLY LN 65TH S & TPOB TH S 89 DEG 47 MIN 00 SEC W 333 FT TH N PLL TO W LN 153 FT TH N 89 DEG 47 MIN OO SEC E TO WLY LN SD ST TH SELY ALG W LN SD ST TO TPOB LESS E 5 FT FOR ST Account Change 359700 - 0321 -05 I SHOZEN JULIA N 15415 65TH S TUKWILA WA 98188 880232 12/03/2002 , orTY TUKWILA MAR 1 2 2003 Page 1 TaxPayer Accounts ( ..„0(AJAx /46 / King „ ounty Department of Assessni�.its Parcel 499750 - 0010 Computer : COUNTER 36 12/03/2002 Parcel Geo Area : Res Area : 051 -004 -0 Spec Area : Q -S -T -R : SE -23 -23-4 Folio : 20850A Type : R Resp : R Levy : 2380 Block : Lot : 2 Property Address : 6425 S 153RD ST TUKWILA 98188 Legal Desc : M W ADD Account Change 499750 - 0010 -04 JOHANSON J R 6425 S 153RD ST SEATTLE WA 98188 RECEIVED CITY OF TUKWILA SOAR 1 2 2003 PERMIT CENTER z = 1- ��— Z . C4 2 J U 00 cn c 3 cn w w X U) w O z a: t- _ z � z o uj U O N W W H --- u. 0 , W • OH Z FINAL PLAT DOCUMENTS The recording documents submitted for final approval must be on mylar, in record of survey format, meet all of the King County recording requirements and contain the following signature blanks, where applicable. SIGNATURES DECLARATION Name 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 RCW 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 filing of a final plat. The undersigned further declare this short plat to be the graphic representation of said short subdivision and the same is made with the free consent and in accordance with the desire of the owner(s). In witnes heredf w e e e t our hands and seals. t Nance ( /,C_— r'l /" Name 67,f7a.0 C ) G , .r� Nan= r) (Provide a blank feTr each owner) STATE OF WASHINGTON County of King On this day personally appeared before me'{ - /Q PiZt) 1 4 M j , 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. GIVEN under my hand and official seal this j i ,,, d ay of • ``. , �' ' 4 • y i , ••Go a Q10T11gy 9� — • �.e-wm - - PUB County of King / i� O j WAS �G� $s // //1/1 1110 STATE OF WASHINGTON GIVEN under my hand and official seal this day of Short Plat Number , 20 Signature: • Name of c o m issioned: 3�J� Title: ✓r PvRi -1 4-' My appointment expires: 76e-M111/46 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. , 20 Signature: Name of commissioned: Title: My appointment expires: MAR C5 "� COMMUNITY DEVEL.O PiviENT SUBSCRIBED AND SWORN TO BEFORE ME s\llllWI / /0 // N` es 1, 3• • orr r F � CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan(nlci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: • • i Cr - v s 0 • • ' • • • &O .' - � • • • F'tieuo • . ! ///O �I WASN1`; ��\, ss 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 em loyees gents engineer�j, con tors or other representatives the right to enter upon Owner's real property, located at I /3J /53 / k (.t+l /L 5 ) () 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. The City shall, at its discretion, cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. EXECUTED at r/L t { L (city), • k (state), on 1i fl''1I ( ,20 'J (Pr ef t ell e . s / 53 ' I 7. /ct <i,' (Address) , (Phone (Signa 're) On this day personally appeared before me .75- ff N PR f 1 I 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. ON T IS 11 f DA ii NOT R PUBLIC in and for the Statc_of resic(ng t er 7G4`I 2 My Commission expires on ton ,20 ' 2 �1�[� {�i.'Y} �, MI11 � ' f� :mY y���1�`��J n E '.?T' E tt C� :J:A� w11Y• MAR (' (C (j3 COMMUNITY DEVELOPMENT ... .,....... WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: John W. Pruitt Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the NE 'A of the SE '' /a, Sec. 23, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Numbers: 499750 - 0005 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between John W. Pruitt, an individual, ( "Grantor), and the City of Tukwila, a Washingtoiir` 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) as depicted in Exhibit B, which is attached and incorporated by reference. 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 no. L03 -013, and/or construction permits for the Property. WHEREAS, Grantor has performed a geological reports and evaluations, prepared by Bruce S. MacVeigh, P.E., dated June 5, 2003. 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 lid 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. z w ce 10 O 0 w J H • LL w 2 g< a = I- w _ z I - I--0 W w U � O 2) - • I- W W � U EL O Z U= O F ' z IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this day of , 2004. Authorized Signature Authorized Signature STATE OF WASHINGTON) )ss. County of King ) 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 z Z n e J U 00 N ❑ : CD w ' w =• J • w w 0 2 J w = = w z � o ' z f-- uj ✓ C , O -: a t- w W . I . I H • z O f .., z DATED this day of , 2004. GRANTEE: CITY OF TUKWILA ATTEST: Mayor City Clerk STATE OF WASHINGTON ) ss. County of King ) 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 •volunfary 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 TRACT 1, M.W. ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 53 OF PLATS, PAGE 48, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 84.30 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 7105100449. TOGETHER WITH AN EASEMENT FOR ACCESS OVER THAT PORTION OF LOT 1 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 16'57'32" EAST, ALONG SAID EAST LINE OF LOT 1, 49.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 16'57'32" EAST, 39.03 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 88'45'39" WEST, 21.05 FEET; THENCE NORTH 14'41'04" EAST 38.12 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT B DEPICTION OF SENSITIVE AREAS z Z re al 6 = -1 • 0 co 0 co w w -J o. u_ L1J 5 u_ I w Z I— 0 Z 0 O 52 O I— W u • 0 i t O u P I O F- Z APPLICATION' NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. 6 S / 53 #1t4 c-7- - z1 ;t to WW /6p Quarter: 5 56 . Section: 2 3 Township 2 3k' Range: 6 V C (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact w the City to whom all notices and reports will be sent. Name: T G 1-t h l • 1r i i 77 Address: &4,3 S / 53 "�` S T Phone: a p( Signature: G: APPHANILANDUSE .APP\SHTPLTPT.doc. 10/25/01 CITY Or' TUKWILA Department of Community Development R" " ORT 6300 Southcenter Boulevard, Tukwila, WA 98188 MAR 0 5 2003 PLAT Telephone: (206) 431 -3670 FAX (206) 431 -3665 COMM Ni Y E -mail: tukplan a,ci.tukwila.wa.us DEVELOPMFJ' (P -SS) Pct4 c.Q 1kc91 so -0005 ) 5L/ FAX: Joh gq �" Date: j 7/6-3 FOR STAFF USE ONLY Sierra Type: P -SS Planner: ^ YJ i File Number: OS _ Dl S Application Complete (Date ) Project File Number: Application Incomplete (Date:.. 1 Z. 6g ) Other File Numbers: APPLICATION' NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. 6 S / 53 #1t4 c-7- - z1 ;t to WW /6p Quarter: 5 56 . Section: 2 3 Township 2 3k' Range: 6 V C (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact w the City to whom all notices and reports will be sent. Name: T G 1-t h l • 1r i i 77 Address: &4,3 S / 53 "�` S T Phone: a p( Signature: G: APPHANILANDUSE .APP\SHTPLTPT.doc. 10/25/01 CITY Or' TUKWILA Department of Community Development R" " ORT 6300 Southcenter Boulevard, Tukwila, WA 98188 MAR 0 5 2003 PLAT Telephone: (206) 431 -3670 FAX (206) 431 -3665 COMM Ni Y E -mail: tukplan a,ci.tukwila.wa.us DEVELOPMFJ' (P -SS) Pct4 c.Q 1kc91 so -0005 ) 5L/ FAX: Joh gq �" Date: j 7/6-3 Information Required.. be waived in unusual cases, upon approval of b oth Public Works and Planning • Inforniatio n, Waived .'PbWk/ Ping Office Use Only Comments & Conditions APPLICATION FORMS: 1. Application Checklist four (4) copies, indicating items submitted with application. 2. Short Plat Complete Application Packet: four (4) copies of the application form and full size plans and one (1) set of High Quality Photo Reductions of all plans reduced to 81/2" x I1 ". (See Site Plans). 3. Short Plat Fee — up to 4 lots (LDR = $500, Other = $1,000) - up to 9 lots ($1,000) 4. SEPA Environmental Checklist six (6) copies and Fee ($500). N R REQUIRED FOR SHORT PLATS OF 5 -9 LOTS. PUBLIC NOTICE MATERIALS: (5 —9 Lot Short Plats Only) SUBMIT PUBLIC NOTICE MATERIALS ONLY FOR SHORT PLAT OF 5 TO 9 LOTS OR IF ENVIRONMENTAL REVIEW IS REQUIRED. 5. King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. SUBMIT PUBLIC NOTICE MATERIALS ONLY FOR SHORT PLAT OF 5 TO 9 LOTS OR IF ENVIRONMENTAL REVIEW IS REQUIRED. 6. Two (2) sets of mailing labels for all property owners and tenants (residents and 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 Public Notice Materials Section). SUBMIT PUBLIC NOTICE MATERIALS ONLY FOR SHORT PLAT OF 5 TO 9 LOTS OR IF ENVIRONMENTAL REVIEW IS REQUIRED. 7. 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 Public Notice Materials Section). SUBMIT PUBLIC NOTICE MATERIALS ONLY FOR SHORT PLAT OF 5 TO 9 LOTS OR IF ENVIRONMENTAL REVIEW IS REQUIRED. PLANS & OTHER SUBMITTAL REQUIREMENTS: 8. Vicinity Map with site location. V COMPLETE APPLICATION CHECKLIST 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 the Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted in a later timely manner for use at the public hearing (e.g., revised colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish consistency with development standards. Department staff are available to answer questions about application materials at 206 -431 -3670. G: WPPHAMLANDUSE.APP\SHTPLTPT,doc, 09/13/02 COMPLETE APPLICATION CHECKLIST TABLE RECEIVED CITY OF TUKWILA MAR 1 2 2003 P CENTER .Information Required. Maybe waived. in unusual cases, upon approval of both'Public Works and Planning +Informatio:. n Waived; PbWk/ Ping. Office Use.Only Comments & 'Conditions... 9. Title Report- -dated within 30 days of application filing which clearly establishes status as legal lot(s) of record, ownership, all known easements and encumbrances. k" 10. Sewer and Water availability certificates, if provided by other than City of Tukwila F 11. King County Health Department approval if using septic systems. /v 0 12. Easement documents, deeds, maintenance agreements (existing & proposed) \ 1 � 13. Survey/Plat Map (see details below) V 14. Site/Development Plan (see details below) 15. Sensitive area studies as required per TMC 18.45. e.g., soils report, wetland report. Following is the list of information that must be included in the Plat Map and S'te Plan. One set of all plans and analyses shall be stamped by a licensed professional surveyor or engineer and have an original signature. Additional copies of the signed set may be submitted to satisfy the total number of copies required. Revisions shall satisfy this criteria. PLAT MAP must include the following information: i) The name of the plat, Cityof Tukwila File number, graphic scale (1 ":100' unless otherwise approved by DCD) and north arrow. ii) Existing property lines to remain and proposed lot lines shall be shown as solid lines. New lines shall be called out. Lines to be removed shall be dashed and called out. X iii) Lot area, lot line dimensions and numbering of each lot. Lot and block numbers must begin with number one (1) and numbered consecutively. )c iv) Location and setbacks (dimensions to proposed property lines) of all existing structures. k v) Existing features such as rivers, streets, railroad and structures. x vi) A boundary and topographic survey (2 ft. contours including a minimum 20 ft. beyond the property line) with all above easements, encumbrances and right -of -way width/infrastructure. Elevations shall be Vertical Datum NAVD 1988 and Horizontal Datum NAD 83/91. This shall be stamped by a licensed surveyor, and include a surveyor's certificate (sample attached) vii) Legal Descriptions (existing and proposed) ..r viii) Location of all sensitive areas (e.g., streams, wetlands, slopes over 20 %, coal mine areas and important geological and archaeological sites.). /1 A ix) Location, name and width of existing and proposed streets and easements. )( x) Additional notes that may apply must be added to the plat map. e.g. a) Comply with geotechnical report dated b) No runoff, including downspouts, shall be inflitrated through dry wells or perforated infiltration pipes and trenches. c) Provide infiltration per lot as shown on the site. d) Lot XX requires sprinkling for fire protection. X xi) 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 any limitations. k xii) See attached sheet for various signature blocks. G:\APPHAN\LANDU SE. AP P \SHTPLTPT.doc. I0/25/0I REOEIVED CITY OF TUKWILA MAR 1 2 2003 PERMIT CENTER "._.::.:: � SITE PLAN must include the following information: i) Existing property lines to remain and proposed lot lines shall be shown as solid lines. New lines shall be called out. Lines to be removed shall be dashed and called out. \' /< ii) Lot area, lot line dimensions, average widths for each lot and numbering of each lot. iii) Location, floor area and setbacks of all structures (existing and expected) including finished floor elevations , site improvements with sufficient dimensions to be accurately described and located (driveways, firelanes, parking layout, rockeries /retaining walls, fences). V iv) A boundary and topographic survey (2 ft. contours including a minimum 5 ft. beyond the property line) with all above easements, encumbrances and right -of -way width /infrastructure. Elevations shall be NAVD 1988 (Veritcal) and NAD 83/91 (Horizontal). v) Location of all sensitive areas (e.g., streams, wetlands, slopes over 20 %, coal mine areas and important geological and archaeological sites.). Provide sensitive area studies as needed per TMC 18.45. Also show trees over 4" caliper in sensitive area or buffers, indicating those to be saved (per TMC 18.54). All proposed sensitive area and tree protection measures shall be shown. X vi) For stream frontages: existing and proposed top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). U0 vii) 100 yr. flood plain boundary and elevation as shown on FEMA maps. Conversion calculations to NGVD 1929, if within a designated flood area. k viii)For sewer and water (domestic and fire): • Existing and proposed utility easements and improvements, on site and in street. • 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). ix)Storm drainage: • Total impervious surface • Percolation test results for infiltration • Schematic design of storm drainage per current KC Surface Water Design Manual. / x) Fire: • Locate the nearest existing hydrant and all proposed hydrants (adequate fire flow demonstrated in the "water availability" documentation). • Fire access lanes and turn- arounds per Fire Department standards. �V xi)Access /Street improvements: • Location and dimension of all accesses, including private /public roadway interior to short plat. • Schematic road design. • Frontal Improvements. • Location of any proposed dedications. xii) For Short Plats of 5 to 9 lots, a landscape plan which includes at least one tree in the front yard of each lot & that meets Public Works standards per TMC 17.20.030(G). xiii) Owners of adjacent land and names of any adjacent subdivisions. N _ G:W PPHAN\LANDUSE.APP'SHTPLTPT.doc, 10/25/01 „Information Required r �Y 5r; ,Response Office Use Only Comments &;Conditions Total existing lots prior to Short Plat. I Total lots in this Short Plat. Total acres involved in the Short Plat. • 30 Constraints (sensitive area, right retention/detention areas) in acres or sf. of way, Na 1,-)6 Any preexistiong uses? /UGIU �'' Overall density (lots /acre). r 3.2 1 GROWTH MANAGEMENT ACT REQUIRED INFORMATION G: IAPPHAN V,ANDUSE.APP\SHTPLTPT.doc, 10/25101 RECEIVED CM/ OF TUKWILA MAR i 2 2003 PERMIT CENTER •: . ,�, r SHORT PLAT • NUMBER L03 —013 Pruitt 2—Lot Short Plat CITY OF TUKWILA. WASHINGTON OWNER'S DECLARATION: Know ail men by these •presents• that we, the undersigned, ..• • owner(s) in fee simple and/or contract purchaser(s) of the • • land herein described do hereby make a short subdivision • . thereof pursuant to RCW 58:17.080 and acknowledge that !old subdivision shall no be •further divided in any manner within • . a period of five years, from • date. of • record, without the . filing of o final plat. The undersigned further declare this • • short plat to be the graphic representation• of said short • • subdivision and the same is made with the free consent • and .. . in'. accordance with the desire of the owner(s). ' . • The- undersigned further declare to waive • oil „Claims • for i • • . •damages. against any governmental authority drilling 'from the construction and maintenance of public .facilities and public, property within the subdivision. •• • IN WITNESS WrIER OF we set our bon Jo P. Pruitt State of Washington_ County of King " • • On this day peisanally oppeared. before:me I • -I' • to me known to'be the individual described In -and.who executed the within and foregoing. instrument, and : • ; . acknowledged that Jas.— signed the some . free and; voluntary act and deed, for :the uses and purpciies' therein . *-• mentioned. ' ' GIVEN under and official seal thie dai-of , • State of 'Washington , County of King.. • ..• •• ;•••• -...• On this dgy person011y ;before me • ••- • • • • • ; .4 • . MO Y1-1 _KOci.ei- • •- • : • to me known 'Li be !the' Individual :described ;InTond , • . • executed the • within and foregoing InitrtirnerPond IT • •••• • • • acknowledged that Sk 'signed ..the,,:sarne,. al free' and •!: • . voluntary act and deed, for the :uses Ondppurfiases •:therein -mentioned. 0 • • ••!•.' , • : • - qVEN. under my_.hands'ancl• official day. of •'' ..• R1r I 20125_ .; . . . „ . . . • • • . • • . . • RECORDER'S CERTIFICATE filed for record this day of '20 • 'ai '; M.' in' boo . ••• ; .• •• 4 at page;.;......at • thefreqUest •of--.:• Xeeps re/ c.Velgoro tree; wit aUrvfyor ‘. •'.:i •Mgr. . of Records APPROVALS: TUKWILA .SHORT SUBDIVISION • COMMITTEE APPROVAL: . Reviewed and approved by the Short Subdivision Committee • and hereby certified for filing this 2.5,:tday of &pa_ Assessor. Examined d approved We Za day of 041111‘ Deputy Assessor Chairman, Short Subdivision Committee ' Signaitire' ..;•441.2.4.121 • Name as cOmmhiloned; 4 "1 •" . • • . !yid' DIRECTOR s N 1 : : ••• KING COUNTY TREASURER • • Signature: ■:31410.;110.,,A..J ' i 01 PRA The q!"...• 4;11 ....... Name as commisianed: -Thalkes,je souk " Title? ecait atvesoM-a4.0...t. .% . '„, My appointment expires. ; • • 4.. ... t ;3 . ;; I WA V s :' it l il :c!‘c ;` °. • mi nit0 ; • , • . ••• • .'•'.•;•:, • • ; ; • • .!.), • • • • •• ,. • • • . ••; " ;•••••• ••• ' .. 0; ...... . Title: LP et.e I p I i-f-k • -ks .; My appointment expires: • '! • ' ; • • , , .. , ...LAND• SURVEYOR'S . .CERTIFICATE:!:.1 it:!;• Richard Schroeter registered as Gland stirveyor, 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 my ,supervision; 'i hat ,! the :distances, cOurses encl are*,-shown:lhereon:;i•I correctly; • and that monuments' other' that monuments approved•:for. ettln GU a later:date, :hove. been set and lot ,' co round :as:.deplated : ;on :the plat. / • • .,1 ;; "1 •Certlflccite • • , . DEPARTMENT:OF ASSESSMENTS ' Examined and 00Oro this — day of , :Account .Nurnberi 4997500005 CITY TR SURER'S CERTIFICAT • ,.. THERE ARE NO DE GWENT SPECIAL. SMENTS; AND ALL SPECIAL ASSESSMENTS ON• AN ROPER T IS DEDICATED 'AS STREETS, • ••• ALLEYS OR FOR OTHER B SE ARE PAID IN FULL EXAMINED AND- APPRO .7HE CITY OF TUKWILA FINANCE , • DEPARTMENT THIS Y OF 20 . • KING COUNTY FINANCE 'DIVISOR- I CERTIFY THAT ALL PROPERTY TAXES ARE'PAibiANO DEPOSIT. • • HAS BEEN 'MADE IN •SUFFICIENT AMOUNT TO PAY:THE TAXES::FORIHE • • FOLLOWING - YEAR.. THAT THERE' ARE NO DELINQUENT SPECIAL • • • . • ASSESSMENTS CER11FIED:TO THIS OFFICE FOR •COLLECTION;;- •••: • .• : • . ALL SPECIAL ASSESSMENTS ON ANY •OF' THE PROPERTY HEREIN, .: • • - DEDICATED AS STREETS;' ALLEYS, AND FOR OTHER 'PUBLIC USE 'ARE! IN FULL •THIS DAY OF.. ••• • '" • ' • gocL.' LOT 2. •••;• 4 !!' 1 ; ADDITI ON, AOCCiRQIN.Gi TO • THE • PLAT THEREOF RECORDED • • 'DEPUTY- KINGCOUNTY-.TREASURER • • .,; WASHIN GTON; r t0ERT CONVEYED ;TO 'THE CITY OF TUKWILA - ?ECORDEDIONOER'XING COUNTY, RECORDING NUMBER 7105100449. • " • • . " • 't I I. • ; ,Revised !10/18/04 si : : ,• , ' ,11114,1:1111,111.11,1.111:11.1,11.1111111:11'11111•1•11,1111.11.1f • • Inch :,. "••••• - — 7 " - ""7 - ` 1 1. ,- ' • RECORDING' NO.. PORTION 'OF NE 1/4 of _SE _1/4; S. 23 _ 23 N., R. —E., W.M. ' Mika& CESCRIPTION . TRACT ;1;' 'ADDITION, • ACCORDING TO THE PLAT -THEREOF' RECORDED IN VOLUME 53' OF PLATS, PAGE 48, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY. OF TUKWILA XlEED, •RECORDED.,:.UNDER, KING COUNTY RECORDING NUMBER 7105100449.: .• ':.; • • ; • ••• • • • , ;,: : ; „ ,. • . NEW faCRIP.Toi • • • LOT.1:; • . . • • • THE NORTH 84.30 FEET OF' .1, M.W. ADDITION -ACCORDING TO THE PLAT . • • :THEREOF RECORDED IN.. VOLUME' 53'. OF . PLATS, PAGE 48, IN KING COUNTY, ' : 'WASHINGTON; EXCEPT THAT PORTION THEREOF 'AS CONVEYED •TO THE .CITY:OF • •'' . TUKVALA BY. DEED RECORDED UNDER KING COUNTY RECORDING NO.7105100449. • . . • • • . • , ! • •••.. • • §I(' • •:: A . •,:i., . I . 1111.1111.1.111ill11111.1.1. 11111111.11111111.111i1.1.11.111 111.1111.11.411111111111111111.1111111.111.11.1.1.1141111.1.1111111,1illiiii.J111N11 41111111111111111_ •VOL./PAGE • . . • LJ 0 .RQE ..c PROFESSIONAL -LAND. SURVEYORS' • • !813, Senhurcil, W4shinOton '92062 (206) 242-6621 FAX (206)243-9679, ••i ' • 'SE 1 23. , -23-41' 15... .• .. DATE- 11/13/01: . • i; DATE F/ELD:'9/24/01. SCALE • • 1" sw' 30' , ' • - SHEET • OF 2 JOB NO. 385/25 PROJECT NO. 01113sp: SHORT PLAT NUMBER L03,-013 Pruitt 2—Lot Short Plat CITY OF. TUKWILA WASHINGTON . . • . NOTES: • " • • 1. SITE.,GRADING, CLEARING AND EARTHWORK SHOULD NOT.BE RESTRICTED , ON THIS SITE, SO LONG AS NO ADVERSE. EFFECTS ,OCCUR TO • • • • • NEIGHBORING PROPERTIES. . . •• 2. STRUCTURES SHOULD BE DESIGNED FOR A MAXIMUM .BEARING• • PRESSURE OF 2000 PSF FOR CONVENTIONAL AND SPREAD:FOOTINGS: • .. LATERAL STRENGTH OF THE SOILSAS GOOD,•HOWEVER: DUE' TO LACK OF: PENETRATION BY CONCRETE OF BASE SOILS,..ITAS RECOMMENDED•.THAT ALL FOOTING BE BACKFILLED• UP TO A MINIMUM OF ONE—HALF. THE • • FOOTING HEIGHT ON THE INSIDE OF THE STRUCTURE :1. 3. DUE TO IMPERVIOUS SOILS, ALL FOUNDATIONS SHOULD HAVE COMPLETE • FOOTING DRAINS. • 4. SLAB ON GRADE FLOORS AND WOOD'. CRAWL• SPACE. FLOORS SHOULD ; • BE CONSTRUCTED. IN THE USUAL MANNER,:WITH::VAPOR 'BARRIERS, ETC. NO SITE SPECIFIC SPECIAL REQUIREMENTS AREltECOMMENDED: .1,. -.5, CONCRETE PAVEMENTS MAY BE POURED ONAXDISTURBED NATIVE • MATERIAL WITH A MINIMUM'POUR 'THICKNESS OF .4. INCHES,•.:AND:.••A: ••• RECOMMENDED POUR OF 6 INCHES. -A MINIMUM :OF.:.6•1BY. 6:.WWF; SHOULD • '••••,* BE USED. ANY Flu. NECESSARY SHOULD BE A, COMPACTED: PIT RUN. . :.• .*: ASPHALT PAVEMENTS SHOULD HAVE. A•;CLEAN 'PIT•*.RLIN BASE •OF ' • • MINIMUM OF . 6 INCHES, WITH : A TOP •COURSE:OriZ:INCHES AND 4 ., 1! • • • . • ASPHALT TOP COURSE OF 2 INCHES. • • . • :• - • • • 6. THE•SITE IS SERVED -BY SEWER SO.NO ON—SITE'9,YSTEMS, ; • • (DRAINFIELDS),•WILL BE USED ON THIS.SiTE, • •*' • ..;•:••-.. - ..• 7. TRENCH BACKFILL IN ;ANe;StRUCTUR/412; iMliOR •• • •;'• CLEAN PIT RUN, MECHANICALLY. COMPACTED. ;• ;.• 1,!•-• • • .. • . • 6. FOOTING DRAINS SHOULD*BE,'USE0 ON ALL. CRAV,t SPACE • •; , .• FOUNDATIONS. :FOOTING DRAINS AND ROOF:RUNOFF'SHOULD BE • • COLLECTED AND RUN TO THE STREET SYSTEM lit.65TH.AVENUE.S.!.THE SOILS ARE NOT SUITABLE FOR INFILTRATION SITE ;IS. EXEMPT FROM FLOW CONTROL AND WATER QUAUTY•MEASURES DUE' TO ITS SMALL • 9. THERE ARE NO INHERENT HAZARDS, IN ,THE'DEVELOPMENT' OF THIS SITE, OTHER THAN EQUIPMENT OPERATORS NEEDING•TO OVER THE SLOPE ACCIDENTALLY. , .; ; ••• • 10. NO RUN—OFF, INCLUDING 0OWNSPOLITS,.SAALL BE INFILIkATED;:INTO • • THE GROUND*THROUGH.*DRYWELLS - OR:pERFORKIED , INFJLTRATION;p1PES, AND TRENCHES. • • • • •• ;•. • ... • . „ CONSTRUCTION OF THE NEW HOME ON LOT .• .ARE PROPOSED TO BE REMOVED •A TREE ,CLEMNG PERMIT !VALI; NEED TO • BE OBTAINED FROM THEiCITy OF -TUIVIVILA., •• • •• • .• • . !•:■••• :;'!.•;; . r;; ; • •• • . 12 INDIVIDUAL ;HOUSE FOUNDATION 'ANO*.QRAINAGE• SYSTEM SHALL •' . '• PROVIDE A SPECIFIC GEOTECHNICAL ASSESSMENT;i•WITH:FIN DESIGN. . ' • RECOMMENDATIONS. • - • • • .:::•••••:•••••••.: , • ' 13. ANY FUTURE*. HOUSE ON LOT :2 MUST; BE.:WITHIN'2SO'FEET..0FPATH • OF TRAVEL OF 1:,; FIRE HYDRANT OR .SPRINKLERS''SHALL.BEINSTALLED.IN.:. THE HOUSE. ; : . ••••.;i:i 4 • 14. Field ,data for this surveY, was by • . direct • field measurements:, Angular and linear selOtioniMiPs'.•; , • ••:•••-. were - measured with a six second theodolite and eIectrorIc • r measuring device, supplemented by a steel tGpe ;; • :' • • • • • • •.:. • ;•.• ,; • • .1. • ' • • • RECORDER'S :CERTIF 1CATE .. . - c .. . .., ....H filed for record this day of " /ir.i; '4: ....at' m.: • • _in book..,., of at o ale ' ihe of'..• • ... KreAawyl,l'ap•es'e I- page :i Or ,+' .! - ...:' ' 1 -1.1'. , r is 84 . . , .: : . .. ;:::.• . • ' ... : ,..... ,: i...11 ', Mgr Supt..of Records '‘ • . • •. • •• • " •7 • • , • • - •, .7 •.!: 741 : . • 7 ..• • , • ' (••• •' 4 • ••• . • . i!•.; • 1 ::■;: Lima ''; • , 417 , Concrete Monument In; .Case • ;• • ,;.p s et #5 rebar wit cap #23604 • ;:•1111 • . iron pin.:.0i; 'Pipe .•;folind -';'•;.• ;•, ,• ...• • •.• • x Found P1< nai • • r . :•..1•••• ; ' • ••" ; . •cERTIFIcATE!,••;•:•:: .,1, -Richard • Schroeter ,; registered, . as q land :surveyor '"by;:the'.State• of. Washington,. certify that , Is. based on • on 'actual • survey. of the .land .described I:, :;...; .'herein; Conducted me or under. My supervIsloM: that ‘i ,:the.• distances, .courses . and. ongler :arer shown•.••thereon.:„. • .t •:•• c . that monuments, other than. those.. moriuMionts ; apprOved for sisttIng•, a. later!date," hove :been ::set:•and !lot • ground : de :depicted •on..•thO plat k • • r .■ 4,f23. • I ;No.... • ''!!‘ ":! • • ):. 9:4 71.1 i. 1'7.'771 .:.••7 • , . SCALE: ,•11oeijw S-30 tt'• 0 30' 60 • POI:UMW OF • • E 1. vat [1 ISE.1 Is 23 — -T.: 3 N.,. R. 4. E ' • . FOith0,2700;: . ;i10oh41:111 ) .•icame 1 il ;I. . • ,•••, 1777,1 , • ,1". : ;1;i•t •: J . • ;VOL./PAGE It! t11,11. th • I. • ROFESSIONAL i.LAND ;SURVEYORS • .. • • • •' . • ' • • p0,•Bol(,0iisfroi1ur0,1Washing 12062 (206) 242-6621 FAX (206)243-9679 R %LAND SURVEYING 1 11' , Joe tio....3e5/25 . b,.ii - E47ELO 9/24/01 PROJECT: NO. 01113sp , w C.9 a. SHEET; • ,•• 1 OF 2 • • • . . • . . • . 9 — . 1 • C:. t ' , I •.. :!I.• ; e t; if'i 11 (II ' • I ■ Q • :" 1*, • ••• • • • - . ••••;• • '‘ 91: II tiii1iiittiIflhI1IIlIIIiUIII1.li.tfl Ili117191F • till 1111.1i11.1111 114 1111.111( lit( 111111110i 1111.'0) i!.0 Ili