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HomeMy WebLinkAboutPermit L03-070 - BAIMA AND HOLMBERG - SHORT PLATWALLY CHIN SHORT PLAT 16628 53 AV S L03.070 completed and prior to the Final Inspection. City of Tukwila Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670 PERMIT CONDITIONS z z Parcel No.: 8858800055 Permit Number: MIO2 -112 Address: 16628 53 AV S TUKW Status: ISSUED ► 6 U Suite No: Applied Date: 07/23/2002 0 0 Tenant: WALLY CHIN SHORT PLAT Issue Date: 12/12/2002 co w J H U) u_ w 0 �Q u) ❑ = a 3: The City of Tukwila has an undergrounding ordinance requiring the power, telecommunications, and cable service lines be I— w I underground from the point of connection on the pole to the house. ? F ' I— O Z I— w Lu D ❑ 5: Temporary erosion control measures shall be implemented as the first order of business to prevent sedimentation 0 N off -site or into existing drainage facilities. 1: ** *PUBLIC WORKS DEPARTMENT CONDITIONS * ** 2: Contractor shall notify Public Works Utility Inspector Mr. Greg Villanueva at (206)433 -0179 of commencement and completion of work at least 24 hours in advance. 4: Any material spilled onto any street shall be cleaned up immediately. 8: Sidewalks and curb ramps shall comply with City standards. ❑ I_ W w 6: The site shall have permanent erosion control measures in place as soon as possible after final grading has been H IL- O .Z w • u) 7: Driveways shall comply with City residential standards. Driveway width shall be a 10' minimum and 20' maximum. Slope shall be a maximum of 15 %. 9: Construction shall comply with Geotechnical Engineering Report dated October 18, 2000, prepared by Spears Engineering Services and any subsequent geotechnical engineering reports. 1.1'0:;1 IF WATER IS PRESENT ALONG NORTH BOUNDARY OF LOT B OR LOT C, IT SHALL BE DIRECTED AWAY FROM ADJACENT PARCEL TO THE NORTH. ADJACENT PROPERTY OWNER TO THE NORTH, INDICATED THERE MAY BE A STREAM AND /OR SPRING IN THIS GENERAL AREA. 11: A bond for $2,000 or 10% of the estimated work, which ever is greater, shall be made out to the City of Tukwila for possible property damages caused by activities. 12: A copy of the Certificate of Insurance Coverage (minimum of $1,000,000 naming the City of Tukwila as additionally insured), is required. 13: The Land Altering Permit Fee is based upon an estimated 300 cubic yards of cut and 1,200 cubic yards of fill. If the final quantity exceeds this amount, the developer shall be required to recalculate the final quantity and pay the difference in permit fee prior to the Final Inspection. 14: Flagging, signing and coning shall be in accordance with MUTCD for Traffic Control. Contractor shall provide certified flagmen for traffic control. Sweep or otherwise clean streets to the satisfaction of Public Works each night around hauling route (No flushing allowed). Notify City Inspector before 12:00 Noon on Friday preceding any weekend work. doc: Conditions M102 -112 TcanenraxcommeCIVA Printed: 01 -16 -2004 P = O ~ Z . Signature: doc: Conditions City of Tukwila Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670 15: From October 1 through April 30, cover any slopes and stockpiles that are 3H:1V or steeper and have a vertical rise of 10 feet or more and will be unworked for greater than 12 hours. During this time period, cover or mulch other disturbed areas, if they will be unworked more than 2 days. Covered material must be stockpiled on site at the beginning of this period. Inspect and maintain this stabilization weekly and immediately before, during and following storms. 16: Provide asphalt transitions at ends of new 5' sidewalk. I hereby certify that I have read these conditions and will comply with them as outlined. All provisions of law and ordinances governing this work will be complied with, whether specified herein or not. The granting of this permit does not presume to give authority to violate or cancel the provision of any other work or local laws regulating construction or the performance of work. M102-112 Date: Printed: 01 -16 -2004 Z < Z . 6 J0 0O U) 0 J W0 2 u. Q = W ~ z � � w ~ W 2 p 0 1- W W L j- - O .. W U =. O z Brandon Miles - Addresses and Tax Parcel #'s for Tritec Homes Short Plat Page 1 From: "Andrew" <andrew @tritechomes.com> To: "'Brandon Miles ' <bmiles @ci.tukwila.wa.us >, "'Brenda Holt "' <bholt @ci.tukwila.wa.us> Date: 6/29/05 1:49PM Subject: Addresses and Tax Parcel #'s for Tritec Homes Short Plat Brandon and Brenda, Here are the tax #'s from the assessors' office! Tukwila Tritec Homes Short Plat LOT A: 16628 53rd Ave S Tax Parcel #8858800055 LOT B: 16614 53rd Ave S Tax Parcel #8858800050 LOT C: 16616 53rd Ave S Tax Parcel #8858800051 LOT D: 16618 53rd Ave S Tax Parcel #8858800052 LOT E: 16620 53rd Ave S Tax Parcel #8858800053 Andrew Goble Tritec Homes, Inc. Mobile (206) 383 -3705 CC: "Brent Rollins" <brollins @tritechomes.com> ti ,)\ NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE ,DOCUMENT. MEMO City of Tukwila Department of Community Development Steve Lancaster, Director TO: Nick Olivas via Don Tomaso Jim Morrow via Dave McPherson Richard Takechi d sinJim Morrow, Director of Public Works )9) Nick Olivas, Fire Chief S Richard Takechi, Finance FROM: Brandon Miles, Assistant Planner\ RE: Final Short Plat Approval, Chin Short Plat, L03 -070 DATE: June 15, 2005 RECEIVED JUN 16 2005 TUKWILA PUBLIC WORKS 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. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 .44 ��.,:+ rLetx .Y.;i: :''e:Lai9:lell� •xa:u3&�@iau�a June 1, 2005 Mr. Andrew S. Goble Tritec Homes. Inc. PO Box 951 Sumner, WA 98390 RE: Chin Short Plat (Final) 16628 53 Ave S. L03 -070 Dear Mr. Goble: City of Tukwila Department of Community Development Steve Lancaster, Director The City of Tukwila has reviewed the short plat documents that were received for the Chin Short Plat at 16628 53 Ave South. On February 25, 2004, the City granted preliminary approval for the above short plat. The letter granting preliminary approval listed specific conditions that must be met in order for final approval to be granted. The following conditions have not been met: 1. The existing ten -foot sanitary sewer easement, recording number 8203090493 must be vacated and the necessary documentation provided to the City. The City has not seen any documents showing that this easement has been vacated. Reference the recording number that vacates the easement on the short plat map. 2. Per TMC 17.20.030 (G)(1), each new lot within a new short plat shall be landscaped with at least one tree in the front yard to create a uniform streetscape. The minimum size of each tree shall be either a 2 -inch caliper (for deciduous trees) or six to eight feet in height (for evergreen trees). You have the following options: a. Install a tree in the front yard of each of the five lots at the installation of the common improvements; or b. Install the above referenced trees along 53 Street right of way as part of the required half -width improvements. If you choose option A, the City will allow you to bond for the tree plantings until after the homes have been constructed. Enclosed you will find a developers warranty agreement. The City will also need an estimate for the cost of labor and materials to plant the trees. The bond must be 150 percent of the estimated cost. 3. An address post, referencing all addresses, must be installed along 53 Avenue South. The address post must be visible both northbound and southbound. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 - 3665 Steven M. Mullet, Mayor The following changes need to be made to the short plat map: 1. There is no dedication of land being made to the City. Replace the "dedication" section with a section called "Owner's Declaration ". The declaration should read as follows: _ w 00 U o J • = 2LL w o LL ? co a 2. Under the note section of page one, remove the language noting that this w "requirement must be stated on the face of the recorded plat ". The entire note should read: z O w U • o co o— o 1— w I - U. ui U = 0 "Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein described do herby make a short subdivision thereof pursuant RCW 58.17.060 and acknowledge that said subdivision shall not be further divided in any matter within a period of five years, from date of record, without filing of a final plat. The undersigned further declare that 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)." "A 20 -foot wide paved access read with an all weather surface built to Public Works and Fire Department standards must be provided to any new structures. A fire turnaround will be required if the access road exceeds 150 feet in length. This condition must be met prior to the City issuing any building permits for the lots included in this short plat." 3. As was noted in the preliminary approval letter, remove all references to the City of Tukwila taking over the roads in this short plat. This can be found on page 2 under the maintenance agreement section. Once you have addressed these comments, please submit a new short plat map. Also, for your information, a tree - clearing permit will be required for the removal of any trees on steep slopes. See item b under the landscaping section of the preliminary approval letter, issued by this office on February 25, 2004. If you have any questions, please call (206) 431 -3684 or send an email to bmiles @ci.tukwila.wa.us. Sincerely, don M es Assistant Planner cc. File (L03 -070) z Brandon Miles - RE: Short Plat #L03 -07, From: Brandon Miles To: Andrew Date: 5/24/05 4:25PM Subject: RE: Short Plat #L03 -070 Andrew, Z . re 2 6 '~ w ,J U UO U D the addresses. -J H U) u- Sincerely, w IL < Brandon J. Miles W Assistant Planner z �. Department of Community Development City of Tukwila i z w , tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us p N O F- w w »> "Andrew" <tritechomes @comcast.net> 05/23/05 04:05PM »> w • U — .. U 2 . 0 z The trees can be planted when the homes are built. However, a financial guarantee in the amount of 150 percent of the cost of the trees and installing them will have to be presented to the City. The City will also need an estimate for the cost of the trees and labor to install them. The address were assigned during short plat review and I am touching base with the fire marshal to verify Brandon, Thanks for the heads up! 1. Sewer easement should be vacated today or tomorrow, I will send over the info as soon as it is completed! 2. Can we plant the street trees when we build the homes? 3. As soon as we get addresses we will be happy to install address posts! Can we complete items 2 and 3 above during construction of the homes? Or are they required to be completed before the plat records? Thanks for your help! Andrew Goble (206)383 -3705 Page 1 �. llw::.'. Y:: u". a:, 1e: ah. 4' w�ta4r': �YititYa�..:;, 1> u' 1d,: 1r- r:, it�Ltv.:✓:; �: Waa.+ r: 1. cdS9: c6:u::wrli!5ua` %:1-`��•:Seu):�i Brandon Miles - Re: Short Plat #L03 -07P - Page 1 From: To: Date: Subject: Hello Andrew, Regards, Brandon Miles Andrew 5/23/05 11:10AM Re: Short Plat #L03 -070 The City is still reviewing the final short plat. When they city's review is complete you will recieve a formal comment letter. I am going to give you a heads up on Planning's items as they are significant comments. 1. The existing ten -foot sanitary sewer easement, recording number 8203090493 must be vacated and the necessary documentation provided to the City. The City has not seen any documents showing that this easement has been vacated. 2. Per TMC 17.20.030 (G)(1), each new lot within a new short plat shall be landscaped with at least one tree in the front yard to create a uniform streetscape. The minimum size of each tree shall be either a 2 -inch caliper (for deciduous trees) or six to eight feet in height (for evergreen trees). You have the following options: a. Install a tree in the front yard of each of the five lots at the installation of the common improvements; or b. Install the above referenced trees along 53rd Street right of way as part of the required half -width improvements. 3. An address post, referencing all addresses, must be installed along 53rd Avenue South. The address post must be visible both northbound and southbound. Brandon J. Miles Assistant Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us »> "Andrew" <tritechomes @comcast.net> 05/12/05 12:03PM »> Brandon, Just following up to see where we stand on the revisions that I turned in last week Thursday? Is there anything I can do to help move this project along? Let me know if the revisions meet your approval. Thank you, Andrew Goble Tritec Homes, Inc. Mobile (206)383 -3705 a.• usi s4:al...7{r.:vrrw4mw .. 'At! u.;4.;: s z _~ z 61-1 6 J U 00 co o w= J F IL w 0 2 u_ ? • a = • w z � �- Z F- 2 0 O � o F- w w . � v LL Pip .z CU U = 0 H z March 22, 2005 Mr. James R. Bergsma Baima and Holmberg Inc 100 Front Street S Issaquah, WA 98027 RE: Wally Chin Short Plat, L03 -070 Dear Mr. Bergsma: City of Tukwila Department of Community Development Steve Lancaster, Director w U O N w • w ` TMC 17.12.030 lists those items that need to be submitted at the time of final approval. The P following items were not included in the March 14, 2005 transmittal: w z` U= 0 I The City of Tukwila has received your submittal items for Wally Chin's Short Plat on 53 Ave South. Please note that the proper file number for this short is L03 -070 and not L2000- 074. L2000 -074 expired and is no longer a valid short plat number. 1. A title insurance report confirming that the title of the land in the proposed subdivision is vested in the name of the owners whose signature appears on the plat's certificate. 2. As built plans fro all new roads and utilities. 3. Bind maintenance agreements to provide of the maintenance of commonly owned private facilities, such as the private access road. The above items need to be submitted prior to the City reviewing the short plat for final approval. If you have any questions, please call (206) 431 -3684 or send an email to bmiles cr,ci.tukwila.wa.us. Sincerely, Brandon J. Miles Assistant Planner cc. File (L03 -070) Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z i~ w 6 J 00 CO 0 CO ILI Ill • u_ w 0 J u. ? - a = w F- _ z � I-0 z E— z February 25, 2004 Ms. Sharon Olson 738 Fall Creek Huffman, TX 77336 City of Tukwila Department of Community Development Steve Lancaster, Director RE: Wally Chin Short Plat Dear Ms. Olson: Thank you for providing a comment letter regarding the Wally Chin Short Plat, located at 16628 53 Avenue South. Your letter was distributed to other City Departments for their review. The pending Wally Chin short plat is identical to the short plat that was previously approved in October of 2001. The applicant allowed the approval to expire and thus had to resubmit for approval by the Tukwila Short Plat Committee. The property is currently zoned Low Density Residential (LDR), which allows for the construction of single - family homes. The Tukwila Municipal Code (TMC) only allows one dwelling unit per lot, thus in order for Mr. Chin to construct additional homes on the property he must divided the existing lot into five lots. The new lots must comply with City design standards within the LDR zone; this includes a minimum lot size of 6,500 square feet and a minimum lot width of 50 feet. The short plat is in compliance with these requirements. Additionally, when the homes are constructed, they must meet the City's setback requirements from property lines. These setbacks are 20 feet from the front property line, five from the side property lines, and ten from the rear property line. The new structures cannot be taller than 30 feet. You also noted concerns regarding a natural spring being located in the area. The applicant submitted a Geotechnical report prepared by Spears Engineering and peer reviewed by Shannon and Wilson, Inc., which addressed the on -site drainage issues. Drainage from the new homes and access drives will connect by pipe to the newly installed storm drainage system. You will be considered a party of record in this matter and will receive the Notice of Decision when it is issued. If you have any questiins, please call (206) 431 -3684 or send an email to bmiles @ci.tukwila.wa.us. ely, 'Brandon J. files Assistant Planner cc. File L03 -070 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 1 '�ka. r• .w+Y:4 . :(. � ^. F�!i�l:,,r ` ":: 7 , L �" uE3C {� fe Fr *7.urtikS.+C6ittbtl Steven M. Mullet, Mayor February 25, 2004 William and Patricia Gorjance 16604 53 Avenue S. Tukwila, WA 98188 RE: Wally Chin Short Plat Dear Mr. and Mrs. Gojance: Thank you for providing a comment letter regarding the Wally Chin Short Plat, located at 16628 53 Avenue South. Your letter was distributed to other City Departments for their review. The pending Wally Chin short plat is identical to the short plat that was previously approved in October of 2001. The applicant allowed the approval to expire and thus had to resubmit for approval by the Tukwila Short Plat Committee. The property is currently zoned Low Density Residential (LDR), which allows for the construction of single - family homes. The Tukwila Municipal Code (TMC) only allows one dwelling unit per lot, thus in order for Mr. Chin to construct additional homes on the property he must divided the existing lot into five lots. The new lots must comply with City design standards within the LDR zone; this includes a minimum lot size of 6,500 square feet and a minimum lot width of 50 feet. The short plat is in compliance with these requirements. Additionally, when the homes are constructed, they must meet the City's setback requirements from property lines. These setbacks are 20 feet from the front property line, five from the side property lines, and ten from the rear property line. The new structures cannot be taller than 30 feet. The applicant is required to meet all applicable land use regulations in order to short plat the property. You will be considered a party of record in this matter and will receive the Notice of Decision when it is issued. If you have any questions, please call (206) 431 -3684 or send an email to bmiles r)ci.tukwila.wa.us. Sincerely, b ndon J. Miles Assistant Planner cc. File L03 -070 City of Tukwila Department of Community Development Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 Steven M. Mullet, Mayor z '~ w w aa g J o UO co ill J = F W u_ < . - d = W Z F. I O Z I- W n p .o 5 U a 1 W w I - H u- O W Z U= 0 I- Z February 25, 2004 Mr. Tom Redding Baima and Holmberg 100 Front Street South RE: Wally Chin Short Plat, L03 -070 Dear Mr. Redding: City of Tukwila Department of Community Development Steve Lancaster, Director 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. Public Works has made certain changes on the short plat map document. Please make the necessary changes before submitting for final approval. d. Change the short plat file number to L03 -070. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 `_+e;eiy; E;k.Y:{:iG�i!if1:R rii.GS 4xtr.'+u.W'S �.4Y.'i g444.,t, oko e. The setbacks on the lots are incorrect. The correct setbacks are 20 feet from the front, ten feet from the second front, five from the sides, and ten from the rear. Enclosed you will find a copy of the short plat map with setbacks for each lot. 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. The common improvements include the following: i. Construct sidewalk along 53` Avenue South. ii. Complete access to new lots iii. Construct Lot A access at North and South sides iv. Remove existing rockery v. Trim slope at both sides of access vi. Verify with Highline Water District and Val -Vue District, that their utilities have been constructed and/or installed. vii. Restore 53 Avenue South asphalt viii. Clean CB's and locking lids ix. The new fire hydrant must be installed on the location indicated on the short plat map. x. Installed vaned grates xi. Provide access to CB #1 for inspection by City Inspector b. Please submit As -Built plans w /ACAD disc. c. Permit conditions under Public Works permit no MIO2 -112, shall be met. d. The owner must sign and have witnessed by a Notary Public, a Sensitive Area Ordinance Hold Harmless Agreement (enclosed). This agreement must be recorded with King County prior to final short plat approval, please reference the recording number on the face of the plat. Please note that the City-will need approximately two weeks to process this agreement. .. :rxsi•a:.4n : a.:tLse,ixfrssdiw ✓ a.rLr ' .'aa.kd�'• u' ;: , Easements and Maintenance Agreements (,'a The existing ten foot sanitary sewer easement, recording number 8203090493 must be vacated. The necessary documentation must be provided prior to final approval being granted. b. The proposed short plat references certain easements. The easement documents must be submitted prior to final plat approval. They will be recorded at the time the short plat is recorded. c. A shared maintenance agreement for the maintenance of the shared access road needs to be provided. The agreement needs to indicate all property owners who are responsible for the maintenance of the access road. d. The language relating to the maintenance agreement on the face of the plat needs to be modified. All language regarding the City of Tukwila possibility taking over the road in the future needs to be removed. Landscaping a. Per TMC 17.20.030(G)(1), each new lot within a new short plat shall be landscaped with at least one tree in the front yard to create a uniform streetscape. The minimum size of each tress shall be either a 2 -inch caliper (for deciduous trees) or six to eight feet in height (for evergreen trees). You have the following options: b. A tree - clearing permit is required for the removal of any significant trees on steep slopes. Enclosed you will find a copy of the permit application. a. i. Install a tree in the front yard of each of the five lots at the installation of the common improvements; or ii. Install the above - referenced trees along the 53 Street right -of -way as part of the required half -width improvements. Fire Protection Prior to final plat, address posts must be installed along 53` Avenue visible both northbound and southbound. 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. z := z rt w 6 00 CO 0 LU J F- CD u. w 2 L? = w I-- W z � �- Z I. w 2. The address and phone number of the appealing party; and if the appealing v co co party is a corporation, association or other group, the address and phone o ' number of a contact person authorized to receive notices on the appealing w w party's behalf. F u. 3. A statement identifying the decision being appealed and the alleged errors in w co the decision. The Notice of Appeal shall state specific errors of fact or errors I= I in application of the law in the decision being appealed; the harm suffered or z anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. Appeal materials shall include: 1. The name of the appealing party. 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 (03/17/2004). The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. 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 with the outcome of the administrative appeal process may file an appeal in King County Superior 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 appeal. II. : Final Approval The next step is to install the necessary improvements and submit the necessary short plat documents in compliance with the conditions of approval. After the documents have been found to be in order and all requirements of the short plat have been met, the Chairman of the Short Subdivision Committee signs your short plat final mylar which constitutes a grant of final approval. In addition, all inspections relating to public works improvements must be completed by the time of final approval. III. Recording Expiration 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. The final short plat must be filed with the King County Department of Records by February 25, 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. ::aaxiiI.V467... _-•,ar ;un.. If you :have any questions, please call Brandon Miles at (206) 431 -3684 or send an email to bmiles a,ci.tukwila.wa.us. Sincerely, (414) C�- Steve Lancaster Director of Community Development cc. Jim Morrow, Public Works Director (initial your approval ) Nick Olivas, Fire Chief (initial your approval Don Tomaso, Fire Marsha Dave McPherson, Engi er Brandon J. Miles, As •stant Planner All Parties of Reco File (L03 -070) .:'v' i_ F+:,^ S, ��rt .ni,::ic3,cti= % +�yi'a:�:iGi.•w. ..c.4:.'<Pwew,.'•i ; nt.L'uSl . iwaii L *J. r,+•t:,. ... w.w .s.�w.u..:,ki�.57A'+:�1 '✓.,'�+:i':si`r e::ii3,:::�:iii. Z z ALF 6 •J U: C.) 0: CO O; .0 W' •W W O: J u. _: = W : Z I- 0, Z 0 W f u' Z W O Z Thanks. a City of Tukwila TO: Jim Morrow via Dave McPherson Nick Olvias via Don Tomaso FROM: Brandon Miles, Assistant Planner RE: Wally Chin Short Plat, L03 -070 DATE: January 30, 2004 Please review the letter and initial your approval where indicated. Department of Community Development Steve Lancaster, Director Enclosed you will find a letter granting preliminary approval for a short plat. Your Department has previously reviewed and commented on the project. Based upon these reviews the project is ready for preliminary approval. Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 - 3670 • Fax: 206 - 431 -3665 DATE: January 16, 2004 MEMORANDUM SUBJECT: Wally Chin — 5 Lot Short Plat 16628 - 53 Ave. South Short Plat and Informational Comments TO: PLANNING DEPT. — Brandon Miles, Assistant Planner FROM: PUBLIC WORKS DEPT. — David McPherson, Development Engineer Short Plat — L03 - 070 Submittal for Preliminary Short Plat is complete for the Public Works Department. Informational Comments 1. Owner to sign and witnessed by Notary, a SAO Hold Harmless Agreement — see enclosed. Need to sign and record agreement at King County, prior to final short plat approval. (Note that City will need approximately two (2) weeks to process this agreement). 2. Prior to Final Short Plat being complete for the Public Works Department, the following items shall be addressed. • Construct sidewalk along 53 Ave. South. • Complete access to new lots. • Construct Lot A accesses at North and South sides. • Remove existing rockery. • Trim slope at both sides of access. • Verify with Highline Water District and Val -Vue Sewer District, that their utilities have been constructed and/or installed. • Restore 53 Ave. South asphalt. • Clean CB's and locking lids. • Install vaned grates. • Provide access to CB #1 for inspection by City Inspector. • Submit As -Built plans w/ ACAD disc 3. Permit conditions under Public Works permit no. MIO2 -112, shall be met. 4. Complete all infrastructure under Public Works permit no. MIO2 -112 (or) bond for remaining items at 150 %. Y:S:auStix "^V: waRYar'• ent. e W •.; Ate �, Arti.'1.. •:nt7iis °':i!�` `�1fs.Yita +L�..�'+ss: •. MEMORANDUM SUBJECT: Wally Chin 5 -Lot Short Plat Short Plat L03 -070 16628 — 53rd Ave. South (Springs reported in area of site) TO: PLANNING DEPT. — Brandon Miles, Assistant Planner FROM: PUBLIC WORKS DEPT. — David McPhersori elopment Engineer DATE: January 16, 2004 Reference the letter from Sharon Olson dated January 1, 2004. The City was informed by a neighbor, at the beginning of this project, that a natural spring may exist along the North property line, of the Wally Chin — 5 Lot Short Plat. The Geotechnical reports by Spears Engineering and peer reviewed by Shannon & Wilson, Inc., addressed on -site drainage issues. The Public Works Department as a condition of Miscellaneous permit MIO2 -112, addressed this issue. See permit condition # 10, enclosed for your information. Finally, the new houses and access drives within the Short Plat, will connect by tight - line, to the newly installed storm drainage system. Please let me know, if you need additional information. Cc: Ryan Larson, Senior Stormwater Engineer ' •:L4: 4..>ux, 16604 53rd Ave. So. Tukwila, WA 98188 January 12, 2004 RECEIVED City of Tukwila Planning Attn: Brandon J. Miles 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Subject: Notice of Application for a five lot short plat at 16628 53rd Ave. So., File Number L03 -070, E2000 -028 Dear Mr. Miles: As 45 year residents and original owners of our property at 16604 53rd Ave. So., we provide these comments opposing the subject five lot short plat. 1. The cluster of houses between So. 166th and So. 168th represents a unified development concept which has existed since 1957. THE SHORT PLAT DISRUPTS THAT. 2. A stated goal offered by your Department at a public seminar on land usage promoted the preservation of stable, existing residential communities. Filling in the one empty lot with one compatible house is a reasonable fulfillment of that goal. THE SHORT PLAT DISREGARDS THAT. 3. All houses had been constructed to present the long dimension to the street. Vehicular access to the back of the properties is virtually non - existant. ALLOWING THE SHORT PLAT PENALIZES THE OTHER PROPERTY OWNERS WHO VALUE THEIR BACK YARDS. 4. Prospective buyers looking for a unified community of houses find our area attractive for its houses and properties. THE PROPOSAL SHORT - SIGHTEDLY WILL DETER INTERESTED PARTIES FROM CHOOSING TO BUY AND LIVE IN TUKWILA. Sincerely, William J. Gorjance Patricia A. Gorjance - 1 - ► JAN 12 2004 COMMUNITY DEVELOPMENT January 1, 2004 TO: City bf Tukwila Dept of Community Development 6300 Southcenter Blvd. Tukwila, WA 98188 -2599 RE: Development of homes at 16628 53 Ave. Wally Chin, owner RECEIVED JAN 0 2 2004 TUKWILA PUBLIC WORKS I own the property next door at 16612 53 Ave. In 2000 it was proposed and passed that Mr. Chin could put in four houses in the space where it was zoned for only two single owner dwellings. How he got around the fact that the whole area was zoned for one house per lot and to get it changed to short plat approval is upsetting. The homeowners in the area protested at the time, but it was passed anyway. Now we are going to have four dwellings, with a street besides, squeezed into the little area. • The natural springs in the hill just above my property have always created problems in the lower level of my house. What is going to happen to these springs now with all these buildings in a small area? Water is known to take the route of least resistance to flow down hill. The past 20 years have seen a great deal of building in the area just above-my property and the natural springs have been a bigger and bigger problem as these properties are developed. What once was solved with a sump pump may no longer an option. I am concerned that with this new development next door that the water is going to be diverted once again and will probably go through my basement more than it is now! Has anyone in your department checked out this natural spring water problem in this area? ` I was told several years ago, that the only way to control the springs on my property would be to drill a trench under the concrete floor in the basement. A drainage pipe would be laid down to head the water out to the side of the house, which is adjacent to the Chin property. This would create a constant flow of water into his property. Since I did not have the funds, it was never done and we still rely on the sump pump. This pump doesn't work very well during heavy rains and there is water on the floor in the workroom most of the year. If I get this project done now, which is very expensive by the way, what effect will it have on the Chin property? Do I have the right to pursue this project on my property and have it drain out Chin's direction? What options do I have to control this water flow, especially now that the land has been sold and ready for development. Sharon Olson 738 Fall Creek Huffman, TX 77336 e -mail: skolson @airmail.net City of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF APPLICATION DATED December 29, 2003 Steven M. Mullet, Mayor The following applications have been submitted to the City of Tukwila Department of Community Development for review and decision. APPLICANT: Wally Chin AGENT: Baima and Holmberg Inc LOCATION: 16628 53 Avenue OWNER OF THE PROPERTY: Wally Chin FILE NUMBERS: L03 -070, E2000 -028 PROPOSAL: The applicant has submitted an application for a five lot short plat. A Determination of Non - Significance was issued in 2000 for similar project. Access to the lots will be provided through a private road, which will have access to 53 Avenue South. There is an existing house on the property that will remain after the short plat. OTHER REQUIRED PERMITS: Short Plat Approval, City of Tukwila Public Work Permits, City of Tukwila Building Permits, City of Tukwila These files can be reviewed at the Department of Community Development, 6300 Southcenter Blvd., #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file(s) will be available. You can submit comments on this application. You must submit your comments regarding the Short Plat Application in writing to the Department of Community Development by 5:00 p.m. on January 12, 2004. If you have questions about this proposal contact Brandon J. Miles, Planner -in- charge of this project at (206) 431 -3684 or by email at bmiles(a�ci.tukwila.wa.us. Anyone who submits written comments will become parties of record and will be notified of any decision on this project. Please send comments to: City of Tukwila Planning OPPORTUNITY FOR PUBLIC COMMENT 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 z _I . u-1 2 .I U O 0 U) W w J i A LL I A 0 = W _ z �. �= O z i— M 0 0 O - O I— w W L-6 O w z 0 0 z Attn: Brandon J. Miles 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 APPEALS Appeals of SEPA Decisions must be consolidated with the underlying land use permit. Any appeal will be consolidated with the City's decisions on the pending short plat application. For more information regarding appeal rights or to request a copy of the City's decision on this matter, please call (206) 431 -3684. DATE OF APPLICATION: December 5, 2003 NOTICE OF COMPLETE APPLICATION: December 15, 2003 NOTICE OF APPLICATION POSTED: December 29, 2003 • :✓:. x! �:;:. i".:. rw! 1: es�;:: 2�' ic: it.&l r:. as: u.: aak'.. �::.:.; w ..ua.- ��;i.:.:.a,.u.:;::x.:,,.v Parties of Record William and Patricia Gorjance 16604 53 Ave S Tukwila, WA 98188 Sharon Olson 738 Fall Creek Huffman, TX 77336 Email: skolson a,airmail.net Z • a : : ..J U • U0 U �W i J I- • LL w O> Q . — 2 z � . 1— O`. z 'O N: '0 H: W • 2 — O: . .z. `W O z Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I DECLARE THAT d- , ",,¢7rJ/7y4 HEREBY Y i Notice of Public Hearing Determination of Non - Significance Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda u Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit __ __ FAX To Seattle Times Classifieds Mail: Gail' Muller Classifieds PO Box 70 - Seattle WA 98111 Other Was mailed to each of the addresses listed on this �� day of year 200 P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM 4 ? - in the Mailer's Signature: /ik Person requesting mailing: / //i//)7( 2 -6( .n,,V 1V -tm;. ter. rA". T ;;.lIN,1- ;.rr,Ar!1r4:...^,J.,V7 , w0fl • CHECKLIST: ENVIRONMENTAL REVIEW/SHORELINE PERMIT .ILINGS ( ) U.S. ARMY CORPS OF ENGINEERS () FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE OFFICE OF ARCHAEOLOGY ( ) TRANSPORTATION DEPARTMENT ( ) DEPT NATURAL RESOURCES ( ) OFFICE OF THE GOVERNOR () DEPT OF COMM. TRADE & ECONOMIC DEV. ✓ DEPT OF FISHERIES & WILDLIFE () BOUNDARY REVIEW BOARD () FIRE DISTRICT #11 () FIRE DISTRICT #2 ( ) K.C. WASTEWATER TREATMENT DIVISION K.C. DEPT OF PARKS & REC K.C. ASSESSOR'S OFFICE ( TUKWILA SCHOOL DISTRICT TUKWILA LIBRARY () RENTON LIBRARY ( ) KENT LIBRARY () CITY OF SEATTLE LIBRARY ( QWEST ) SEATTLE CITY LIGHT LAN PUGET SOUND ENERGY HIGHLINE WATER DISTRICT ( ) SEATTLE WATER DEPARTMENT ( ) AT &T CABLE SERVICES () KENT PLANNING DEPT ( ) TUKWILA CITY DEPARTMENTS: ( ) PUBLIC WORKS () FIRE () POLICE () FINANCE ( ) PLANNING () BUILDING ( )PARKS &REC. ( ) MAYOR O CITY CLERK () PUGET SOUND REGIONAL COUNCIL ( ) SW K C CHAMBER OF COMMERCE C MUCKLESHOOT INDIAN TRIBE j■) CULTURAL RESOURCES PROGRAM v (' ) FISHERIES PROGRAM zy WILDLIFE PROGRAM () SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P: \ADMINISTRATIV E\FORMS \CHKLIST.DOC FEDERAL AGENCIES WASHINGTON STATE AGENCIES ( ) DEPT OF SOCIAL & HEALTH SERV. ( , . DEPT OF ECOLOGY, SHORELAND DIV DEPT OF ECOLOGY, SEPA DIVISION' ( ) OFFICE OF ATTORNEY GENERAL SEND CHKLIST W/ DETERMINATIONS SEND SITE MAPS WITH DECISION KING COUNTY AGENCIES SCHOOLS /LIBRARIES UTILITIES CITY AGENCIES OTHER LOCAL AGENCIES MEDIA () U.S. ENVIRONMENTAL PROTECTION AGENCY () U.S. DEPT OF H.U.D. ( ) NATIONAL MARINE FISHERIES SERVICE ( ) HEALTH DEPT ( ) PORT OF SEATTLE () K.C. DEV & ENVIR SERVICES -SEPA INFO CNTR ( ) K.C. TRANSIT DIVISION - SEPA OFFICIAL () K.C. LAND & WATER RESOURCES ( ) FOSTER LIBRARY () K C PUBLIC LIBRARY ( ) HIGHLINE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT () RENTON SCHOOL DISTRICT () OLYMPIC PIPELINE ( ) VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT #20 ( ) WATER DISTRICT #125 ( ) CITY OF RENTON PUBLIC WORKS ( ) BRYN MAWR- LAKERIDGE SEWERNVATER DISTRICT ( ) RENTON PLANNING DEPT ( ) CITY OF SEA TAC ( ) CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS () CITY OF SEATTLE - SEPA INFO CENTER - DCLU () STRATEGIC PLANNING OFFICE* ' NOTICE OF ALL SEATTLE RELATED PLNG PROJ. l-- -- DUWAMISH INDIAN TRIBE () P.S. AIR POLLUTION CLEAN AGENCY () SOUND TRANSIT () DUWAMISH RIVER CLEAN -UP COALITION *SEND NOTICE OF ALL. APPLICATIONS ON DUWAMISH RIVER ( ) HIGHLINE TIMES () CI.TUKWILA.WA.US.WWW Use Avery TEMPLATE 5160 Frederick Pack II PO Box 61 Wilkeson, WA 98396 Curtis Elko & Nancy Heyer 16460 51st Ave S Seatac, WA 98188 Habtelul & Aberahm Muna Gedlu 5165 S 166th St Seatac, WA 98188 Han Phan Ae Development Llc Lindback Robert A & Lyle L Co Trustees 5130 S 166th Ln 39006 244th Ave SE Lindback Seatac, WA 98188 Enumclaw, WA 98022 16621 51st Ave S Seatac, WA 98188 Ae Development Llc 39006 244th Ave SE Enumclaw, WA 98022 Donlin T & D 5156 S 168th St Seattle, WA 98188 Trung Thanh & Luu Long Nguyen 16714 51st Ave S Seatac, WA 98188 Dana Sipe 5134 S 168th St 11 Seatac, WA 98188 David & Nadine Morgan 5190 S 166th St Seattle, WA 98188 Ronald Diggs 16449 54th Ave S Tukwila, WA 98188 Jam Free Printing 'Q AVERY® Richard Powers 16442 51st Ave S Seattle, WA 98188 Charles & Josephine Bowie 5145 S 166th St Seatac, WA 98188 Sean Murphy 2100 116th Ave NE Bellevue, WA 98004 Christopher Lindback 16612 51st Ave S Seattle, WA 98188 Donlin T & D 5156 S 168th St Seattle, WA 98188 Rudy Rodriguez Jr. PO Box 47092 Seattle, WA 98146 Charles & Beatrice Weems 5150 S 168th St Seatac, WA 98188 Brenda Tillery 16461 54th Ave S Seatac, WA 98188 John Rooker II 16441 53rd P1 S Tukwila, WA 98188 David & Nadine Morgan 5190 S 166th St Tukwila, WA 98188 Marian & E John Hackl 5155 S 166th St Seatac, WA 98188 David & Jamie Fry 5131S166thLn Seatac, WA 98188 Charles Topinka 23829 Rock Cir Bothell, WA 98021 D Pt Donlin 5156 S 168th St Seattle, WA 98188 Tea Gov & You Ir Eng 5128 S 168th St Seatac, WA 98188 John & Helen Mah 5310 S 166th St Seattle, WA 98188 Joseph Ojurovich 5166 S 166th St Seattle, WA 98188 F James & P Venable Jody 16445 53rd P1 S Seattle, WA 98188 U AVERY® 5160 www.avery.com 1- 800 -GO -AVERY (462 -8379) Use Avery TEMPLATE 5160 Sang Park & A M Sandra 16449 53rd PI S Tukwila, WA 98188 Steven & Bobbie Lynn Desimone Northrop -arthur Thomas Barghausen PO Box 69025 16444 53rd P1 S 18215 72nd Ave S Seattle, WA 98168 Tukwila, WA 98188 Kent, WA 98032 Thomas & Lee Saundr Barghausen 18215 72nd Ave S Kent, WA 98032 Manan John & Humayra Amon 16424 53rd P1 S Tukwila, WA 98188 Raymond & Lillian Ellison 16807 53rd Ave S Tukwila, WA 98188 David Bell 5155 S 168th St Tukwila, WA 98188 Quinton & Becky Alari 16816 53rd Ave S Seattle, WA 98188 W J & Marten Hanley 5162 S 17.0th St Seattle, WA 98188 F Murdena Kerr 16629 53rd Ave S Seattle, WA 98188 Victoria Fry 16655 53rd Ave S Seattle, WA 98188 Jam Free Printing \,l AVERY® Winifred & Fannie Lim 16453 53rd P1 S Seattle, WA 98188 Sharon Price 16432 53rd P1 S Tukwila, WA 98188 Herbert Stright 5157 S 168th St Seattle, WA 98188 William Gorjance 16604 53rd Ave S Seattle, WA 98188 Paul Jones & Gina Preite 16452 53rd PI S Tukwila, WA 98188 Donald Ray Olson 738 Fall Creek Dr Huffman, TX 77336 U AVERY® 5160 Ceferino & Lydia Fernandez 16428 53rd PI S Tukwila, WA 98188 Sound Energy & Elec Puget PO Box 90868 Bellevue, WA 98009 Winnie Fincher -boyd Mark & Catherine Ohlstrom 16813 53rd Ave S / 16819 53rd Ave S Z Seattle, WA 98188 Seattle, WA 98188 = I '~ w cc ug JU Gilbert Chin Quinton & Becky Alan U 0 16804 53rd Ave S 16816 53rd Ave S w = Tukwila, WA 98188 Seattle, WA 98188 J 1... co u_ W 0, G Kempf Corinne Pasquan J 16828 53rd Ave S 16825 53rd Ave S N Seattle, WA 98188 Seattle, WA 98188 1" W I Z f . zo Ed Bauch Mildred Heppenstall 2 uj 16603 53rd Ave S 16615 53rd Ave S U Tukwila, WA 98188 Seattle, WA 98188 p D I-- W W I H H Sophia Moikobu Forrest Akre u_ 0 W 16635 53rd Ave S 16645 53rd Ave S Tukwila, WA 98188 Seattle, WA 98188 U O 1- Z www.avery.com 1- 800 -GO -AVERY (462 -8379) Use Avery TEMPLATE 5160 Dwayne Hayes 16634 53rd Ave S Seattle, WA 98188 Gilbert Chin 16660 53rd Ave S Tukwila, WA 98188 Jam Free Printing AVERY® Steven Voiland & A D Lydia 16642 3rd Ave S Tukwila, 98188 ./Betty Lou Fritz 16650 53rd Ave S Seattle, WA 98188 U AVERY® 5160® www.avery.com 1- 800-GO -AVERY (462 -8379) ., t :•1:'u -, r. .,: *.dL:i " �vt:.: w�.snw.4,.�: lea .rx t,r ;;i :`^Fi:- ihA:uras.L' ck; +esr.�.wS.H:.+:a� .c�k`s,'a%i1.vL':7::;:5:3e::F7 •LFt:, 'tY.ua:x:•r�:,Ec.5i�.7�{y:' ` '';:r..- :c1i;�tiiC.a.4tiu}iw':• z 6 -J 00 N 0 . W = J W O : La N • = d. F Z t.. I 0 Z H• W D 0, O G I 0 I--; .LLI LU. I 1 • O , W Z 0 0 Z ,SMT. ASEMENT TO REMAIN TO FINAL GRADE Verify) LEGAL DESCRIPTION: LOTS 3 AND 4, BLOCK 2, VALLEY VIEW HOMES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 56 OF PLATS, PAGE 81, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE RIGHT OF WAY OF 54TH AVENUE SO. VACATED ACCORDING TO ORDINANCE NUMBER 1236 DATED NOVEMBER 3, 1981, CITY OF TUKWILA, WHICH ABUTS LOTS 3 AND 4 IN BLOCK 2 OF VALLEY VIEW HOMES. REFERENCES THE PLAT OF VALLEY VIEW HOMES AS RECORDED IN VOLUME 56 OF PLATS AT PAGE 81. 3ASIS OF BEARING WEST LINE OF THE NORTHWEST QUARTER OF SEC. 26,T23N,R4E BEING S 01'03'56" W BENCH WSDOT #1529 3" BRASS DISK SET IN CONC. IN CASE DATUM Af ArQR «cu 9h1 no * 61 7 1 1 I w 1 H ST S. 156 H 1 _ Q 1 SINE- — ^,, % a r . 1681i I VICINITY M N.T,S. ,SMT. ASEMENT TO REMAIN TO FINAL GRADE Verify) LEGAL DESCRIPTION: LOTS 3 AND 4, BLOCK 2, VALLEY VIEW HOMES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 56 OF PLATS, PAGE 81, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE RIGHT OF WAY OF 54TH AVENUE SO. VACATED ACCORDING TO ORDINANCE NUMBER 1236 DATED NOVEMBER 3, 1981, CITY OF TUKWILA, WHICH ABUTS LOTS 3 AND 4 IN BLOCK 2 OF VALLEY VIEW HOMES. REFERENCES THE PLAT OF VALLEY VIEW HOMES AS RECORDED IN VOLUME 56 OF PLATS AT PAGE 81. 3ASIS OF BEARING WEST LINE OF THE NORTHWEST QUARTER OF SEC. 26,T23N,R4E BEING S 01'03'56" W BENCH WSDOT #1529 3" BRASS DISK SET IN CONC. IN CASE DATUM Af ArQR «cu 9h1 no December 19, 2003 Tom Redding Baima and Holmberg, Inc 100 Front Street S. Issaquah, WA 98027 Re: Notice of complete application; Short Plat Application L03 -070 Dear Mr. Redding: The Department of Community Development received your short plat application on December 5, 2003. Based on a review of your application for submittal requirements for Environmental Review, your application is deemed complete as of December 15, 2003. A notice of land use application will be distributed within 14 days of this date. The next step is for you to install the notice board on the site within 14 days of the date of this letter. You received information on how to install the sign with your application packet. If you need another set of those instructions, you may obtain them at the Department of Community Development (DCD). Also, you must obtain a laminated copy of the Notice of Application to post on the board. This notice is also available at DCD. After installing the sign with the laminated notice, you need to return the signed Affidavit of Posting to our office. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. If you have any questions, you can contact me at (206) 431 -3670 or by email at bmiles@ci . t 1i w' la . wa . us. andon J. Miles Assistant Planner cc. File (L03 -070) City of Tukwila NOTICE OF COMPLETE APPLICATION 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 20050608000777 ,Mian. Recorded Return To: VALVUE DISTRICT k. PD 6 Seattle, WA 98166-9550 , . • .• •.. ..... ... / RELEAS_„. E OF EASEMENT . . i ; v i ,..., / •,' :;' GRANTORi., „," VAL VNIE EWER'..DistRiar , •.:., i . .1 . GRANTEE; '',,,,..,.." Alle0, Gegirge , ./. Allin, Marth?S' ‘: REFERENCE NUMBER:'.1:91320309949Z 1 KC TAX PARCEL NO: 81358$0-0.050; i i LEGAL DESCRIPTION: Lot 3 81ks2 ■,:tal*1iiewf-ionlesilAci.6 THIS INSTRUMENT, made this _41_ day of May 2005 by tnd between the Val Vuc Sewer District, hereinafter callsd the "Grantor";'‘itnir...GiergeS. Allen and Mfirtha S. Allen hereinafter called the YOTNESSTH: The Grantor for and in consideration of the publiC good . and other valuable consideration, but without monetary consideration, does by the . .:.i3resent, release, extinguish and set okleunto the Grantee, as owner of the real estate situated in;the County of King ,State of Washington, that certain easement dated this j..day bf. , 1982, ."1:attached as "pchibit et!. and recorded under King County Recorder's Niimher 82-03-09- 0493 in favor of Gran'toi.41erOn. DATED this 26' ,:day,i'bt May 2005 t ?' VAL VUE SEWER DISTRICT STATE OF WASHINGTON) )ss • Y OF KING ) . COUNT ' . .. •• •• • . ''''•••••• I :' :' :i I certify that I know or have satisfactdily..hvidince that .,•.: Dana 01.1Ck i• . js-the, yerson who appeared before me, and .4.64, acknowledged that he Ognedythis instrument on !i'atli,iiinted that he was authorized to execute t it as the Nia of.tVal Vue S¢Wer Difiia to be thet'ree and voluntary act of su9rpgiFjoritou:.1s4n1),purposes mentioned in thinstrinenti. ....; ;.• i.: ... •.:. :*. ... ..• '' Oi. my and offic this ' CrA, + • "z.- r ... . •••• ' •••• .:::. .• :: .: '''... '• ... 1,- j; 205 ....'.. • C IV 1104 d I ••.,.:Tip, ; 73 i i ti. ,,,.... '9 6 41 c calk tar? P blic in and or the ate of WA. resiiiing at'15eattla,„,..N:.. .... fill mi 111110 20050608000777 PUBLIC R 20.00 PAOR001 OF 002 00/08/2005 11:00 KING COUNTY, UA I I /1"4 Nisi Name: ter —Bril.,4-12C 141 Ac k `,: 1 PT:::: - Ply Appointment expires: • - • copy OF • IRjGIr1AL FILED �`• :MAR 9 Real sAi4- 3.•rf- . o 49 . 3 ^ I 4ir of R7corda • GRANTORS, ;'Geoi S..;'A11en "and Martha'A. Allen r 1 `- 53rd lkvenue .Pgi)th, Seet'tl,e : 981118 or and idi, consideration: of one., dollar ; f$l .QO) Old other valuable consEder- ations. tFi'b receip Yof Which/ is aGkndi!1edged, grants and conveys to GRANTEES, VAI,, VUE EWER' DiS;ERICT'bnd CITY AF tIJKWILA, King County Washington, a Municipal turpo"ratio)i, art'ease6ent and right -of -way, over, across, along, through, and under the fol;lowing'desCrfbed property situated in King County, Washington, to -wit: s .. A STRIP OF, LAND 5 .FEET ,ON C;ITHEIt SIIrEOf'• IHE FOLLO4IING,. DESCRIBED CENTERLINE: • BEGINNING AT THE:'NORTIEAST CORNET! OF LOT 3,:'BLOCK , VIEW HOMES ADDIT•IONOHE(ICE SOUI'HEASTERI•,Y TQ:A P,OIA'T''ON THE EASTERLY EXTENSIO11"• F THE SOUTH/LINE OF:: 'SAID: LOT 3'.•BLOCK 2, SAID POINT BEING 19 FEEL WESTERLY OF THE'HESTERLY RIGHT -OF- WAY MARGIN OF INTERSTATE•..N,I•GHWAY H. 5 AND INC' TERMINU,S.OE SAID DESCRIBED CENTERLINE LYING WITHIN SAID LOT 3, BLOCK 2, VALLEY` UlER HOMES AUDITION AND ABUTTING VACATED GI,TN AVE* SOUTH " " " For the purpose : of constructing, installing, rota stryctipg, r;plie ng repairi maintaining• dperating a sewer pipeline and lines.and ,a11 ?necessary connections' and appurtortpnces- ,thereto, together with the right oi'�•.in theret> and egress there.Frore fob; the::purpose of enjoying the easement, and lsd grantigg toGRA)1TE4 and: to those :acting under or for rn ",!TEES the use of such additional area iWnedjately adjacent to the above easement as shall be required for the'constructiori of the: sewer pipeline or:•lines in the easement, such additional areb:•.tA.••he heid ?tu a an ninapu necessary for „the purpose, and inniediately after the completiob of the constrtCtidn and irtstaVlaSion, or any subsequent entry upon the ea5gment,:';' GRANTEES x'shalt;.res.eore the ::.as near as may be to its condition immediacy before e such cbrtstruct'iori or entry,': IN:•WITNESS '!HEREOF,; :Grantors have hereunto set their hand this 1st day of ',:,. Febrbary: 19,82' STATE OF • SHINGTON ) COUNTY OF KING ' On this 1st 'day of Fefiruary ,: 82 ... ,befol'e.mq, the undersigned, a Notary Public in end i'or'•_the Statp: of. Washington, ,duly cog:missioned and ^ sworn, personally appeared ' eorger'S. ; Allen and: Mart a A. Ai]e ___ to me known to be the indiv1diTh describr..'d in.:and. :Who•. oxe a •t ee rrgofng instrument; and acknowledged to me that (;dryy., Rezxxsrkb;) signed and sealed the said instrument as (their, hctR xx) .free an+ dct.and depd•••for the uses and purposes the - rei mentioned. • WiTNESS my hand and official seal hereto affixed this Certificate above written. 0 EXHIBIT "A” .,. EASEMENT 2092 VJ:? t. �s�: �} z;'' •.`•.'�....S „�a�T.t.ik.• r, :...hcme�..��:is,: TO Baima & Holmberg 100 Front Street South Issaquah, WA 98027 Attn: Jim Bergsma Ref.# 733 -013 • The vesting has been amended to read as follows: TRITEC HOMES INC., a Washington corporation GRANTEE: Puget Sound Energy AREA AFFECTED: As constructed RECORDED: October 14, 2004 RECORDING NUMBER: 20041014000527 RECORDED: February 10, 2005 RECORDING NUMBER: 20050210001483 (continued) PACIPICNORTHWEST TITLE C+pp /Mr1iIgR Is. 215 Columbia Street Seattle, Washington 98104 SUPPLEMENTAL REPORT #1 OF SHORT PLAT CERTIFICATE PNWT Order Ne ber: 553807 OWNER: Tritec Homes The following matters affect the property covered by this order: • A Full Update of the Short Plat Certificate from November 20, 2003 through March 23, 2005 at 8:00 a.m. has disclosed the following: • The following paragraph(s) of our preliminary commitment has /have been eliminated: 7, 8, 9, 10, 11, 12 and 13 • The following has been added as paragraph 14, 15, 16 and 17: 14. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING: PURPOSE: An electric transmission and /or distribution system 15. SENSITIVE AREA NOTICE AND THE TERMS AND CONDITIONS THEREOF: Said instrument states, in part, that limitations may exist on actions in or affecting the sensitive areas or their buffers present on the property. RECEIVED 'MAY 2 4 2005 _commuNITY Z '~ W J U 00 • LU W J H N W W 0 2 J : lL < . I i-W Z �... I- O Z F- U • � O 9 . O H W W 2 H 0 . O .. W ± O Z SUPPLEMENTAL TITLE REPORT Page 2 17. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: OMB YEAR: 2005 TAX ACCOUNT NUMBER: 885880- 0050 -08 LEVY CODE: 2320 AFFECTS: Lot 3 CURRENT ASSESSED VALUE: Land: Improvements: GENERAL TAXES: SPECIAL DISTRICT: TOTAL BILLED: AMOUNT BILLED $942.35 $1.50 $5.00 AMOUNT BILLED GENERAL TAXES: $2,713.98 SPECIAL DISTRICT: $1.50 $5.00 $75,000.00 $0.00 Order No. 553807 $948.85 PAID: $0.00 TOTAL DUE: $948.85 18. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2005 TAX ACCOUNT NUMBER: 885880- 0055 -03 LEVY CODE: 2320 AFFECTS: Lot 4 CURRENT ASSESSED VALUE: Land: $75,000.00 Improvements: $141,000.00 TOTAL BILLED: $2,720.48 PAID: $0.00 TOTAL DUE: $2,720.48 • There has been no change in the title to the property covered by this order since November 20, 2003, EXCEPT the matters noted hereinabove. Dated as of March 30, 2005 at 8:00 a.m. PACIFIC NORTHWEST TITLE COMPANY By: Mike Sharkey Title Officer Phone Number: 206- 343 -1327 �n;+ i ;�•._ _.,....1'.ij::cw«::t_yi,+: +...e , ,<:: i.. c:::, ai;: �" u» �,: iww..:. ati�n . :.....ri,.,u,�v...4,..�...., �poy.Ylx;�. z ', z J 0 00 . co 0: W I • J :CO w 0 a . = tL �_. ? F—: I— 0 ': Z ui U 0 . '0 0 t I • U u.� 0 . l ..Z' U2 O ~ z TO: Baima & Holmberg 100 Front Street South Issaquah, WA 98027 Attn: Jim Bergsma Ref.N 733 -013 The following matters affect the property covered by this order: • The following paragraphs have been amended to read as follows: 17. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2005 TAX ACCOUNT NUMBER: 885880- 0050 -08 LEVY CODE: 2320 AFFECTS: Lot 3 CURRENT ASSESSED VALUE: Land: $75,000.00 Improvements: $0.00 GENERAL TAXES: SPECIAL DISTRICT: AMOUNT BILLED $942.35 $1.50 $5.00 PACIFIC tvamiwrsrltnE 215 Columbia Columbia Street Seattle, Washington 98104 SUPPLEMENTAL REPORT #2 OF SHORT PLAT CERTIFICATE PENT Order Number: 553807 OWNER: Tritec Homes TOTAL BILLED: $948.85 PAID: $474.43 TOTAL DUE: $474.42 (continued) z I • I- 6� U O U) o U W W 2' -1 • u_ W O , • F-- J j • d = • W. 1- L- LLJ U a. U : O 1-- U • W L- W • = z { SUPPLEMENTAL TITLE REPORT Page 2 TEAR: 2005 TAX ACCOUNT NUMBER: 885880 - 0055 -03 LEVY CODE: 2320 AFFECTS: Lot 4 CURRENT ASSESSED VALUE: Land: $75,000.00 Improvements: $141,000.00 AMOUNT BILLED GENERAL TAXES: $2,713.98 SPECIAL DISTRICT: $1.50 $5.00 Dated as of May 5, 2005 at 8:00 a.m. 18. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: TOTAL BILLED: $2,720.48 PAID: $1,360.24 TOTAL DUE: $1,360.24 • Except as to the matters reported hereinabove, the title to the property covered by this order has NOT been re- examined PACIFIC NORTHWEST TITLE COMPANY By: Mike Sharkey Title Officer Phone Number: 206- 343 -1327 Order No. 553807 • DRAINAGE AND PRIVATE ROAD MAINTENANCE COVENANT This covenant is executed to provide for the repair and maintenance of the private road and drainage system within the property described below for the continued use and benefit by the owners thereof, as described below. This covenant shall run with the land for as long as the private road and drainage system is used to serve the lots described below. Owners: The owners of Lots A, B, C, D and E of the City of Tukwila Short Plat No. : :': ': -•' or he private road and drainage system within said City of Tukwila Shirt Plat: Lo 3 - 1 J Private Road Description: See Exhibit A. The private drainage system is within the private road easement plus a portion of Lots C and D (See Exhibit B). Map is Exhibit C. The private drainage system shall be maintained in an operable and efficient condition consistent with the 1998 King County Surface Water Design Manual or its successor document. The private road shall be maintained as an operable asphalt surfaced road. Where any question exists as to the standards to be applied, the owners may obtain a recommendation from the City of Tukwila or its successor agency and/or a licensed engineer. A minimum 60% majority of the owners may initiate an improvement or repair action. All owners shall share all associated costs on an equal basis, with no fees allowed for administration by one or more of the owners. All funds shall be due at the time that the work is billed by the respective contractor or professional. Independent payment schedules may be used if agreed upon by the majority of owners. In the event that funds are not paid when due, the aggrieved owner(s) may initiate an action to collect the funds and shall be entitled to costs and a reasonable attorney's fee upon recovery. This covenant shall be binding upon all owners, their heirs, successors or assigns. In the event that the property changes hands, the new owner shall be responsible for all past due charges outstanding against the lot at the time of transfer. RECEIVED 'MAY 2 4 2005 COMMUNITY DEVELOPMENT Owner: Lot A Date Owner: Lot B Date z Owner: Lot C Date Owner: Lot D Date ;= ¢ • 2 J Owner: Lot E Date ..9wxef. Date--- C • o Co w J = N L County of King w 0 2 On this day of , 2005 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally . = a appeared to me known to be the individual t- described in and who executed the within and foregoing instrument and acknowledged Z E that signed the same as a free and voluntary act and deed for the uses and w w purposes therein mentioned. 2 U N Witness my hand an official seal hereto affixed the day and year first above written. Di- ll] w. H U 0 ReCIE T Notary Pubic in and for the State of Washington v Residing at MAY 2 4 r66 COMMISSION EXPIRES z O BE opmeti County of King On this day of , 2005 before me, the undersigned a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that signed the same as a free and voluntary act and deed for the uses and purposes therein mentioned. Witness my hand an official seal hereto affixed the day and year first above written. Notary Pubic in and for the State of Washington Residing at COMMISSION EXPIRES POR110N OF SW __1 /4 of ACCESS AND UTIUTY EASEMENT FOR LOTS 8, C,0 AND E LEGAL DESCRIPTION THAT PORTION OF LOT 3, BLOCK 2, VALLEY VIEW HOMES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 56 OF PLATS, PAGE 81, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 01'03'56" EAST ALONG THE EAST MARGIN OF 53RD AVENUE SOUTH 20.00 FEET; THENCE SOUTH 88'05'53" EAST 131.44 FEET; THENCE SOUTH 01'03'56" WEST 20.00 FEET TO THE SOUTH UNE OF SAID LOT 3; THENCE NORTH 88'05'53" WEST ALONG THE SOUTH UNE OF LOT 3 131.44 FEET TO THE SOUTHWEST CORNER THEREOF AND POINT OF BEGINNING. EXHIBIT "A" /4, S._26._ T._ 23 _N., R. . t. _'�`.?�_i1'lift'A+ Ni !�... .. _-.. ... ,.. r[a+✓..�: wl:G,:u�J "N:tuinii«Lreiu....- + S: tt�:,.+ ii. i.:. ShsCt.. t.: �i++. s:; k.:s:i��' :..,�.:.w.a »uu..+.w,,. �.. EXHIBIT "B" PRIVATE DRAINAGE EASEMENT LEGAL DESCRIPTION THAT PORTION OF LOT 3, BLOCK 2, VALLEY VIEW HOMES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 56 OF PLATS, PAGE 81, RECORDS OF KING COUNTY,' WASHINGTON; TOGETHER WITH THAT PORTION OF THE RIGHT OF WAY OF 54TH AVENUE SOUTH VACATED ACCORDING TO ORDINANCE NUMBER 1236 DATED NOVEMBER 3, 1981, CITY OF TUKWILA, WHICH ABUTS LOTS 3 AND 4 IN BLOCK 2, VALLEY VIEW' HOMES, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 01'03'56" EAST ALONG THE EAST MARGIN OF 53RD AVENUE SOUTH 20.00 FEET; THENCE SOUTH '88'05'53" EAST 131.44 FEET, TO THE TRUE POINT OF BEGINNING OF HERON DESCRIBED PRIVATE DRAINAGE EASEMENT; THENCE CONTINUING SOUTH 88'05'53" EAST 58.88 FEET; THENCE NORTH 01'08'33" EAST 47.92 FEET; THENCE SOUTH 88'51'27" EAST 15.00 FEET; . THENCE SOUTH 01'08'33" WEST 58.12 FEET; THENCE NORTH 88'05'53" WEST 73.88 FEET; THENCE NORTH 01'03'56" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING. PORTION OF _SW_1 4 of _ Id! _ 1 /4, S.26 T._ 23 _N., R._4_E.,W.M. rSA Z14-.:[sl'r' dw:r.GCa :i0.4- s.ai •Yws r.w.r..� «�» ZISIHXa 0920 - Z6£ (9Z /209.6 HOIDNIHSVx 'HvnbvsSI ELMS .Laa.LS .L1101Id 00I s u 0 . [ a A 2I n S S 2i a S K I n K S 99'0 3101 1 01 SV3 S 31V/i8 ,01 Jo I{ I 1I W3S Ii \ L I I/ / Z / rrI 11 I Nw a7 I -m S / I .00'91 — M.t 19.99N 9_/ •0u1 WagwloH ewte8 ( of .s9ct I 1\I —N N-- ,00'o£ S _ I \ \. 's I 3 101 803 4 N I 1N3113SV3 ---- unun v ss3oov Zp� \ 31dAlad 'XS Z ts'9 \ I3 � \ a 101 'XS 904'9 3101 I� s Cst.) lase I, �/ v o .IL'LZ ! I 3_£8,9 o ' L8'£6 II L S+ it F-7 r- 0 9919L 4 o 311 cn 3.£14.90.88S I$ 9 • N3 0! � N3SV3 o N � 0 NIb80 31Y 18d .01 I II ` NV80lH 3211] 8 ONV 'a '0 '8 1 — — 0, - 1 1 — -- - s1012103.1N3 S OOS °; 41 SS3 d .01 0 101 : \ �C IL.0 . 1N3VGSV3 2131VM ' •S I -" ' P1 s '3'S £09'9 1/Lh -- _.W L a 101 I StWOH M3IA .l3llIVA I Nle ti 101 3N1I 'N N. 8'V S101 1L13N38 Ol 3S 31VAI8d I01 . ,L9111 3.6$'.90.89S (1Vld) .99791 (dJ 1.) 18S8 N z 0 d l rn r .4L' 1 0 .3'S 004'9 1 101 .9L' cn- .it .1y. 10VH1 .W1l1 _ - W90[ — — M .£9$0.98 N O 00'0£ -' 0 a 8 • 90/0£/IT S3ffiaX3: • • • ?V r jA • • • • • fIlk i i i 09 r Of 51 'W'M''3 — T — '2i 'Ni — — 'S '17/ L — CAI 10 - 17/ L I — dO NOL21Od NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. 0 GENTLEMEN: IS VESTED IN: CHARGE: TAX: PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 4F 215 Columbia Street C O �� Seattle, Washington 98104 -1511 O��jjC ""O Senior Title Officer, Mike Sharkey (mikesharkey @pnwt. com)�F �,`� ? /iti, Title Officer, Curtis Goodman (curtisgoodman @pnwt.com) Title Technician, Annette Strate (annettestrate @pnwt.com) F Nf Unit No. 12 FAX No. (206)343 -1330 Telephone Number (206)343 -1327 Baima & Holmberg 100 Front Street South Issaquah, Washington 98027 Attention: Bonnie Babcock Your Ref.: JOB NO. 733 -013 SUBJECT TO THE FOLLOWING EXCEPTIONS: As on Schedule B, attached hereto. $200.00 $ 17.60 SHORT PLAT CERTIFICATE SCHEDULE A Title Order No. 553807 CERTIFICATE FOR FILING PROPOSED PLAT In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: As on Schedule A, page 2, attached. WALLY L. CHIN, who also appears of record as WALLACE K. CHIN, as his separate estate RECORDS EXAMINED TO: November 20, 2003 at 8:00 a.m. TOTAL CHARGE: $217.60 PACIFIC NORTHWEST TITLE COMPANY OF WASH GTON 1 INC. Mike Sharkey Senior Title Officer Unit No. 12 Z Z W 6 J 00 J • = W • 0 g Q _u) D Z F -, F- 0 Z F- W W 0 0- 0 I- W W LI .. Z W U O ~ Z SCHEDULE A Page 2 Lots 3 and 4, Block 2, Valley View Homes, according to the plat thereof recorded in Volume 56 of Plats, page 81, in King County, Washington; TOGETHER WITH that portion of the right of way of 54 Avenue South vacated according to Ordinance Number 1236 dated November 3, 1981, City of Tukwila, which abuts Lots 3 and 4 in Block 2 of Valley View Homes. END OF SCHEDULE A ._ z•.: :.:.= .:.;t. .,.s.:tti" .._.' k„Y.i ;. ... L:.Ew.:.cc..e.: �.ii' .,�nhn,L'vv..e+.. �. fa:tL' ".J:_ Si1�v...ici.clL' tti:C 9wr::.+taL�:J:+w.avNrrh:.ti4i riL LA: w: n ..'iv�.:k.c'stJ1.'CS: +::.Lr�ii y .a3i..�'8.i:.t:�:i�f::." _ _. �,• GENERAL EXCEPTIONS: SHORT PLAT CERTIFICATE Schedule B Order No. 553807 1. Rights of claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. rbti4414 _J SPECIAL EXCEPTIONS: 1. EASEMENT AS DELINEATED AND /OR DEDICATED ON THE FACE OF THE PLAT: PURPOSE: Drainage AREA AFFECTED: North 5 feet of said Lot 3 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: AREA AFFECTED: RECORDED: RECORDING NUMBER: Order No. 553807 SHORT PLAT CERTIFICATE SCHEDULE B Page 2 Val Vue Sewer District and City of Tukwila Constructing, installing, reconstructing, replacing, repairing, maintaining and operating a sewer pipeline and lines and all connections and appurtenances thereto A 10 foot wide strip over said Lot 3 March 9, 1982 8203090493 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Val Vue Sewer District and City of Tukwila PURPOSE: Constructing, installing, reconstructing, replacing, repairing, maintaining and operating a sewer pipeline and lines and all connections and appurtenances thereto A 10 feet wide strip over said Lot 4 March 9, 1982 8203090494 4. RESTRICTIONS CONTAINED ON THE FACE OF THE PLAT AS FOLLOWS: No lot or portion of a lot in this plat shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use district in which it is located. (continued) '1«4 14.10 *. ...0.'f' i'.4:3,' is4. li' Ft ±Ni: Yii.' �T✓'�J6Yii4rbaiilk+w"n[..YFK:: ity.1�. Neu. .w ....,...i v�uf. nay. taw. Sn 'M.tan¢+a:aJWY:t[�'G'� ,SW.}YCin ENTERED: August 19, 1963 KING COUNTY SUPERIOR COURT NUMBER: 614778 GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: APPOINTMENT OF SUCCESSOR TRUSTEE: APPOINTED: BY: RECORDED: RECORDING NUMBER: September 5, 2002 20020905000204 All lots in this plat are restricted to R -1 First Residence District use governed by and subject to restrictions, rules and regulations of the County Zoning Resolution No. 11373 and subsequent changes thereto by official county resolution. Building Permits will be issued only upon the approval of the King County Health Department for installation of sewage disposal facilities. 5. CONDEMNATION OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DECREE TO STATE OF WASHINGTON: 6. Right of the public to make necessary slopes for cuts or fills upon said premises in the reasonable original grading of streets, avenues, alleys and roads, as dedicated in the plat. 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Wally L. Chin, an unmarried man Sound Financial, Inc. Everett Mutual Bank $243,000.00 April 28, 2000 May 5, 2000 20000505002505 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. M. Geoffrey G. Jones Everett Mutual Bank, nka EverTrust Bank .fa4e14;1 J:ik.�t+i4ta2S+� ' ,u.. u tx iw YWN :i:'.7cu�GL'.ari, :: i1�S4 .�ucniinY.xe+..waaw..::nmai 8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: Wally L. Chin, as his separate estate Evergreen Title Company, Inc. Anne Marie Kriedler, separate estate $75,000.00 Undisclosed October 21, 2002 20021021001542 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 9. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: Wally L. Chin, as a separate estate Stewart Title Frontier Bank $297,920.00 October 30, 2002 October 31, 2002 20021031003180 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 10. ASSIGNMENT OF RENTS AND LEASES AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: ASSIGNEE: RECORDED: RECORDING NUMBER: 11. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: Wally L. Chin, as a separate estate Frontier Bank October 31, 2002 20021031003181 Wallace L. Chin Chicago Title Insurance Company Chin Partnership $540,000.00 November 13, 2002 November 26, 2002 20021126002747 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. (continued) 12. NOTICE OF FEDERAL TAX LIEN: AGAINST: IN AMOUNT OF: RECORDED: RECORDING NUMBER: YEAR: 2003 TAX ACCOUNT NUMBER: 885880 - 0050 -08 LEVY CODE 2320 AFFECTS: Lot 3 CURRENT ASSESSED VALUE: GENERAL TAXES: SPECIAL DISTRICT: TOTAL BILLED: Wally L. Chin aka Ally L. Chin $258.72 (and interest) June 24, 2003 20030624000141 Z - Z. 13. JUDGMENT: w Q Y AGAINST: Wallace K. Chin U O WAD' IN FAVOR OF: Kussman Associates U W W J AMOUNT: $81,398.54, plus interest and /or u - W O WARNING: THIS AMOUNT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY SALE OR LOAN TRANSACTION. THE AMOUNT NOW OWING AND THE REQUIREMENTS U) d . TO OBTAIN A SATISFACTION OR RELEASE OF SAID JUDGMENT MUST BE • W OBTAINED FROM THE JUDGMENT CREDITOR OR HIS ATTORNEY. • _ ENTERED: December 17, 2002 Z O W ILL JUDGMENT NUMBER: 03 -9- 16297 -9 SUPERIOR COURT CAUSE NUMBER: 02 -2- 32054 -6 U 0 O - AT TORNEY FOR '01-- JUDGMENT CREDITOR: Larry Carl Leonardson W W Telephone No.: 425 - 486 -0707 ▪ V° LL � NOTE 1: GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL: lllZ U =. O ~ costs if any Land: $73,000.00 Improvements:$0.00 $905.79 $1.50 $5.00 $912.29 PAID: $912.29 (continued) Z NOTE 2: GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL: YEAR: TAX ACCOUNT NUMBER: LEVY CODE AFFECTS: CURRENT ASSESSED VALUE: GENERAL TAXES: SPECIAL DISTRICT: TOTAL BILLED: Title to this property was examined by: Stacey Fitzenrider 2003 885880 - 0055 -03 2320 Lot 4 Land: $73,000.00 Improvements:$132,000.00 $2,543.66 $1.50 $5.00 $2,550.16 PAID: $2,550.16 END OF SCHEDULE B Any inquiries should be directed to one of the title officers set forth in Schedule A. CC: Wally Chin /Tukwila SLM W4 >a�. ti:a�,.fi�:;:n.,• F;; , ::;,;,;:s,:;„y:_:y,'�,'::.;iz.� s:i Z iE- Z' w aate• Wes• J U O: •(,) 0, • U) W W = H' U) u w O' g Q: = C� i _111 • 2 I— O .Z 'w 2 pi U o. O to W W •I H U: L I O: 11 l Z U N Off. •Z • Valley View Homes Add. i tio10600J fr u> 3 ' 19 2C bv1 0191 191 C • or � 0: •-5" S. . Ag3 ooA o // 75.• D� 75.0 MS 010409900003 �o d 16 z 9 6 1 fsu.. ailaa 12045 - 8204130367 S . 014'12 01b* 7S. i 15 B. 168TH 132AT ST. I 2 •cn 56/81 m 2 --V b4 p1 9 P • " tr...Z.135 Ib Z.25'''• VAC. oK . i737. • • • 192 • 222.2f_ _ • ; : _...../ PACIFIC NORTHWEST TITLE Order No . 553807 Company of Washington, Inc. IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. ■ • 5 .. 8 N z Z re J U0 co 0 —I = H U) W W O g¢ co I ▪ W Z Z 0 w U 0 O • I— Ww 2 U L' O w z U= 5 l— z 20000505002504 After Recording Mad To Wally L Chin 16828 53rd Ave S Seattle, WA 98188 As hereto attached. CD Parcel No's 885880- 0050 -08 and 885880- 0055 -03 Dated this 28 day of Apnl, 2000 ndi t14ail a d t kZitJLal Representative of the estate of Jasbir Singh Bassi, deceased State of County of I- ss 111 II I II I ' III III' I I� I ill �I: I U• 01 11 ; (lu I lit II ' IU �I d 11° IIJ III Iit� III 11I' 1�I I'' IItl I f' pJ I I I l id III il I 1 nl� I a' I I P li I i 1 16 I III i' N, I ' I I III. VIII I III 200r I II I II ;I;: ;�;; I ;;ii ;;, �, ;;;, PACIFIC 0 0 505002504 O Se OF 15 43 Ks a COUNTY, uA E175 1779 Sq.G �'CO2U oN TV, 31 3272 84 p�j STATUTORY WARRANTY DEE 9 THE GRANTOR(S), JASWINDER KAUR, D \ rte 1- "k(3 2 - 2 0 o o J 11 � — F and consideration of �fenl�o ars and l�ie� ao'd gncr i Ale aonsi sin fiend ge o conveys and warrants to, WALLY L CHIN, an unmamed man as his separate estate N The follow ing described real estate, situated in the County of King state of WASHINGTON o *Bassi, deceased O at•) LOTS3 -4, BLOCK 2, VALLEY VIEW HOMES, VOL 58 PG 81 N SUBJECT TO Covenants, Conditions, Restrictions, Reservations, and Easements of record if any (Seal) (Seal) On this day personally appeared before me `V AS 14 -D / Nb c /R 11A- 0 (Z known to be known to be the individual descnbed in and who executed the within foregoing instrument and ackng4dggd :b( }sigj►sAte Krilhatidela free and voluntary act and deeedd: ror the u •4 s and • rpo :s therein mentlo • GIVEN under my hand and official seal this `/r •• A. : �f : �d Res Corn ston expires 7— c' — zo o c, rate of Ito in and for the •.... s. • PAGE NI cmaroonome 4arimao curly .Ivor*+ -e*.s u n fro OF eat Z Z 6_ 00 co 0 J H CD LL W O 2 < co 2 W H =. ZF- I- 0 Z I 2 U O ( . O l- W W I- U .. W U= 0 I- Z EXHIBIT A Lots 3 and 4, Block 2, Valley View Homes, according to the plat thereof recorded in Volume 56 of Plats, page 81, in King County, Washington; TOGETHER WITH that portion of the right of way of 54th Avenue South vacated according to Ordinance Number 1236 dated November 3, 1981, City of Tukwila, which abuts Lots 3 and 4 in Block 2 of Valley View Homes. Z Z w Wes. J U C.) o U p; u) w ' J • U_ u. w . Z Z U 0 U I w w • U u_16 U U 0 I - , O z 20001101000285 The GRANTOR(S), WALLACE K CHIN, A SINGLE MAN AS HIS SEPARATE ESTATE u for and in, NO CONSIDERATION DISTRIBUTION OF CORPORATE ASSETS ONLY o conveys and quit claims to C & C INVESTMENTS INC , A WASHINGTON CORPORATION the following described real estate, situated in the County of KING, State of WASHINGTON, 0 After Recording Mail To Wallace K, Chin 15310 Macadams Rd Tukwila, WA 98188 together with all after acquired title of the grantor(s) therein LOTS 3 AND 4, BLOCK 2, VALLEY VIEW HOMES ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 56 OF PLATS, PAGE 81, IN KING COUNTY WASHINGTON PARCEL NO 890200 - 0200 -00 LOT 1, BLOCK 26, REPLAT OF BLOCKS 21,22,23,24,25 AND 26 AND A PORTION OF BLOCKS 27 AND 28, VICTORY HEIGHTS ACCORDING TOT HE PLAT THEREOF RECORDED IN VOLUME 25 OF PLATS, PAGE 9 IN KING COUNTY WASHINGTON .'G'�LEENp . o • ;,; 5lp ti, (1:.:6'.1- u N OT 'g Y • = rn : • - � Dated October 30, 2000 STATE OF WA COUNTY OF KING PARCEL NO 885880- 00055 -03 (yt C1 K C IN PRESIDENT ENT on this day 30 of October ,2000 personally appeared before me Wallace K Chin known to be the President of the Corporation that executed the within and foregoing Instrument, and acknowledged said instrument to be the free and and voluntary act and deed, of said Corporation for the uses and purposes therein mentioned, and under oath atate that he was authonzed to execute said instrument and that the seal affixed is the corporate seal of said corp Lion IT E'. WHEREO I Have hereunto set my hand and affixed my officia seal the day and year QUIT CLAIM DEED Notary Public in and for the State of Washington, residing at my commission expires S — { -'7 9 �. 20001101000285 00 PAGE ee NU TIT 11 11/01/2000 00 39 KING COUNTY, UA E1785027 11/01/2000 09 KING SALE COUNTY. $2 00 1 (_I.l Ci I t'i,• . I .• ...Y • , '• rum, . , �. n..lruboh f CORPORATE ACKNOWLEDGMENT PAGE 001 OF 001 20021031003142 WHEN RECORDED RETURN TO El91944 Name Wally K Chin KING2C COUNTY, Address 15310 Macadam Rd SALE Tukwila, WA 98188 2T o2 : 03 20/3` 1 /20°e' KSNG Cfdq Filed for Record at the Request of STEWART TITLE GUARANTY COMPANY Escrow No 200239706 / 02200382 QUIT CLAIM DEED PAGE 001 OF 002 JuG- The Grantors, C & C INVESTMENTS INC , a Washington corporation, for and in consideration of TO RENDER PREVIOUSLY RECORDED DEED NULL AND VOID, WHICH c� WAS RECORDED INCORRECTLY UNDER KING COUNTY AUDITOR'S FILE NUMBER o 20001101000285 conveys and quit claims to WALLY L CHIN, ALSO SHOWN OF RECORD ▪ AS WALLACE K CHIN, as his separate estate, the following described real estate, situated c in the County of King, state of Washington, together with all after acquired title of the c.► grantor(s) therein 0 0 cv Abbreviated Legal Lots 3-4, Block 2, Valley View Homes, Vol 56, pg 81 Assessor's Property Tax Parcel /Account Number 885880 - 0055 -03 . • Lots 3 and 4, Block 2, Valley View Homes, according to plat recorded in Volume 56 of Plats at page 81, records of King County, Washington Together with that portion of the right -of -way of 54 Avenue South vacated according to Ordination No 1236 dated November 3, 1981, City of Tukwila, which abuts Lots 3 and 4 in Block 2 of Valley View Homes, according to the plat recorded in Volume 56 of Plats at page 81, records of King County, Washington Dated October 30, 2002 C & C INVESTMENTS, INC Wal ace K. Chin, President .t+ Wallace K Chin, President State of Washington County of King I certify that I know or have satisfactory evidence that Wallace K Chin is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the President of C & C Investments inc to be the free and voluntary act for the uses and purposes mentioned in this instrument Dated October 30, 2002 , 4f c y�oYAgrp,y . 131 /11LIC M • e c:• � o •;r9 0' m i ) ss ) Vanessa D Morgan, Notary Public in and for the State of Washington residing at Lynnwood my appointment expires 7 -29 -2003 � __ri:rinti i:q:.x'N:%t4ti.' "r'ii r,:�i�:.•.`b_ :.'�.5rg"?�; :_u.•.:w ':s:als;:si.,:'s:y,�• "''S�`c:a Wz.. i';ifr,e,..;1 r4 + ,.i 20000505002505 Return Address. EVERETT MUTUAL BANK 2707 COLBY AVE EVERITT, WA 98201 [Speee Above The Line For Recording Date} DEED OF TRUST THIS DEED OF TRUST ( "Security Instrument ") is made on The grantor is RALLY L CHIN AN UNMARRIED MAN SOUND FINANCIAL, INC. EVERETT MUTUAL BANK which is organized and existing under the laws of the State 2707 COLBY AVE EVERETT, WA 98201 I I. !!' ICI ,I / PACIFIC MJ TIT DT 19.00 0 0 13'45 KING COUNTY, WA I� Grantor(s) (Borrower): (1) CHIN, RALLY I, (2) (3) (4) (5) (6' UZ.� Grantee(s) (Beneficiary 8t Trustee). (1) 8V8R8TT MUTUAL HANK (2) SOUND FINANCIAL, INC. Legal Description (abbreviated). LOTS 3 AND 4, BLOCK 2, VALLEY VIEW HOMES, VOL 56, PG 81 additional legal(s) on page 2 . Assessor's Tax Parcel ID #: 885880 - 0050 -08 885880- 0055 -03 April 28, 2000 ( "Borrower "). The trustee is ( "Trustee "). The beneficiary is of Washington , and whose address is ( "Lender ") Borrower owes Lender the principal sum of TWO HUNDRED FORTY THREE THOUSAND AND 00 /100 Dollars (U.S.$ 243, 000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "),which provides for monthly payments, with the full debt, if not paid earlier, due and payable on May 1, 2 03 0 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located m KING County, Washington Loan Number: 260010330 WASHINGTON - Smile Family - Femmie Mae/Freddie Mac Uniform Imtrament Form 3048 9190 ram i si u (9614 (Page 1 of 9 pages) T. Only w 1 1100.1704:9 G 81 6791 i i i m co m 1 14.1 ✓ LOTS 3 AND 4, BLOCK 2, VALLEY VIEW HOMES, ACCORDING TO THE N PLAT THEREOF RECORDED IN VOLUME 56 OF PLATS, PAGE 81, IN c KING COUNTY, WASHINGTON) z • `° TOGETHER WITH TEAT PORTION OF THE RIGHT OF WAY OF 54TH AVENUE Z SOUTH VACATED ACCORDING TO ORDINANCE NUMBER 1236 DATED W CD NOVEMBER .3, 1981, CITY OF TUKWILA, WHICH ABUTS LOTS 3 AND 4 IN BLOCK 2 07 VALLEY VIED HOMES. U O 0 c o W F— RV W which has the address of 16628 53RD AVENUE SOUTH SEATTLE 2 [Street] [Cary] g a Washington 9 8188 ( "Property Address "), to [Zip Code] C3 = W F— _ TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, Z 1.- appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also Z O in be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the I "Property w BORROWER. COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the V to right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of o — record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record = w THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform ' covenants with limited vanations by jurisdiction to constitute a uniform security instrument covering real L 0 W — • I O F- z Property UNIFORM COVENANTS Borrower and Lender covenant and agree as follows 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and Late charges due under the Note 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ( "Funds ") for (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property, (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums, (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any, and (f) any sums payable by Borrower to Lender, m accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums These items are called "Escrow Items " Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. 2601 et seq. ( "RESPA "),unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds m an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise m accordance with applicable law The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one -time charge for an independent real estate tax reporting service used by Lender in Form 3048 9/90 GREATLAND • (Page 2 of 9 pages) To Uri" GI 1 iOO430 -MI iB 616 791 1131 ITEM 1963L2 (9612) connection with this loan, unless applicable law provides otherwise Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment m full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. ' 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due, and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any Borrower shall pay these obligations in the manner provided m paragraph 2, or if not paid m that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to CD ° Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien, or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the hen to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain pnonty over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the hen or take one 0 or more of the actions set forth above within 10 days of the giving of notice. 1.1-1 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and o any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained m the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then ITEM 191313 (9612) -Awsmorittawvo �", �v?' * +.nyp...- .,..,,.... . �++�'• r..�:_,w. (Page 3 of 9 pages) Form 3048 9/90 ORBATIAND • To Orly W• 1 104[30039! IB 114711 1131 gal czy "' Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or c to pay sums secured by this Security Instrument, whether or not then chic The 30-day period will begin when the notice rs given u-v Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall o not extend or'postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the n amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's nght to any o insurance policies and proceeds resulting from damage to the Property pnor to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. c� 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan e° Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating crrxumsiances exist which are beyond Borrower's control Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instruient or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's nghts in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additioiial debt of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment 8. Mortgage Insurance. If Lender required mortgage insurance as a condttion of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. Form 3048 9/90 au 196i (Page 4 9 as� h irE14 19 al of pages) r�o tiwa 1 ioa�.iau� �4in�i�� tit» ass .. x�-. r.........,.... w.,.. r,+ rn�..• i�+ v'•;. oc:?.•: sn' F, �. �'/ a., yA! 0 !r,5`±.r�.n579•.:f'.z'r,?ss.'.r �-:M:c n- wy,���>..�!?s+F>'7^.'�f;�^`:h 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property Immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Leader otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the 11 ' amount of such payments. ° rT 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's c , successors in interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and o agreements of' this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several Any Borrower who co -signs this Security Instrument but does not execute the Note. (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent 13. Loan Charges. if the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, thew (a) any such loan charge shall be reduced by the amount necessary to-reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The ITEM 1933L3 (9612) (Page 5 of 9 pages) Form 3048 9/90 QREATLUrm • TIP Orrr cab 1 40O17(•$3$3 14131616 - »t 1131 �.: + "tu+t +a?�srs+•. -.. ...�.,w � .- ,, 5+,��x`.:tanRrmam�- �.^..ear�r �,+. +.o....m.t�. snr, :n,•. cwt :.r��^�rvrts�yt!..- .. ;� 7?'1 +J . Ln Lin a notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. o Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address ` Lender designates by notice to Borrower Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. u 15. Governing Law; Severabillty. This Security Instrument shall be governed by federal law and the o law of the jurisdiction in which the Property is located In the event that any provision or clause of this © Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of ° this Security Instrument or the Note which can be given effect without the conflicting provision To this end r�+ the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment m full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sak contained in this Security Instrument; or (b) entry of a judgment enforcing this Seca Instrument. Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements, (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Secunty Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration bad occurred However, this right to reinstate shall not apply in the case of acceleration under paragraph 17 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (]mown as the "Loan Servicer ") that collects monthly payment' due under the Note and this Security Instrument There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law 20. Hazardous Substances. Borrower Shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law IreM 19113L6 (9612) (Page 6 of 9 pager) Form 3048 9/90 GREATLAND • i. OnY, Cat 1100.1304393 8'7 611.7111 1131 ti As used m this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials As used in this paragraph 20, "Environmental Law" means federal laws and laws of the junsdiction where the Property is located that relate to health, safety or environmental protection NON - UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days in the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non - existence of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be included in the notice by applicable law. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, f , including, but not limited to, reasonable attorneys' fees and costs of title evidence. c=i If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of - an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall `~ ▪ take such action regarding notice of sale and shall give such notices to Borrower and to other persons as • applicable law may require. After the time required by applicable law and after publication of the sr' notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the o highest bidder at the time and place and under the terms designated in the notice of sale in one or more 1.n parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or =., periods permitted by applicable law by public announcement at the time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any sale. ` Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant e-4 • or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it Such person or persons shall pay any recordation costs 23. Substitute Trustee. In accordance with applicable law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law 24. Use of Property. The Property is not used principally for agricultural or farming purposes. ITEM 1913L7 (9612) (Page 7 of 9 pages) Form 3048 9/90 GREATLAND • Tear& Cr 1 !00 630 93113 Ifl 616701 1131 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the nder(s) were a part of this Security Instrument [Check applicable box(es)] x Adjustable Rate Rider Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider C Balloon Rider Other(s) [specify] ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE MINDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 9 of this Security Instrument and in any nder(s) executed by Borrower and recorded with it. WALLY L CHIN Witness. Condominium Rider El 1-4 Family Rider Rate Improvement Rider (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower ` 01 u u 11.1. L i ye,10 kNP. 6 F2 . o �. NuTARY e s Wrtnesa N :, PUBLIC o . ;; � �i 1 OF WAS` ■ 11 j1111 t t v STATE OF WASHINGTON, County ss RING ITEM 19$3L1 (9612) (Page 8 of 9 pages) [Second Home Rider (Seal) - Borrower (Seal) -Borrower (Seal) - Borrower On this 28TH day of April 2000 , before me the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared WALLY L CHIN described in and who executed the foregoing instrument, and acknowledged to me that to me known totLe mdividual(s) signed and sealed the said instrument as 11,LS free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal affixed the day and year in this certificat • . ' ve written. Commission expires. - Z , II !! /� tee M y • - p 14 Notary Pu'Lc in and for the State of Washurgwn residing Form 3048 9/90 OREATLIND • To Or w tat 16001341313 GI 11171[ 1131 • 0 N a cs REQUEST FOR RECONVEYANCE To Trustee The undersigned is the holder of the note or notes secured by this Deed of Trust Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto Date ITEM 1913L9 (9612) (Page 9 of 9 pages) Form 3048 9/90 GREATLAND • Ts Od t Cat 11001101393 G Ole T111131 �•. a+..; �:;' rit: ip.*.. yi% ruf +LaF,ti'.�twia.:.:- :u.s�.w.Eed z W. 6 0 0; NO . CO e Ili: W Z: J F— U) LL` W } O : g LL.Q. U) W ADJUSTABLE RATE LOAN RIDER NOTICE: THE SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAINS A PROVISION ALLOWING FOR CHANGES IN THE INTEREST RATE. INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. Words, numbers or phrases preceded by a ❑ are applicable only if the ❑ is marked, e g This Rider is made this 28Th day of April 2000 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument ") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Note to (the "Lender ") of the same date (the "Note ") and covering the property described in the Security Instrument and located at 16628 53RD AVENUE SOUTH, SEATTLE, WA 98188 (Property Address) Modifications. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows A. INTEREST RATE AND SCHEDULED PAYMENT CHANGES (1) Initial Interest Rate The Note provides for an "Initial Interest Rate" of the interest rate and the scheduled payments 0 (2) Change Dates Each date on which my interest rate could change is called a "Change Date " (You must check one box and fill in the appropriate information) The Note interest rate may change on the first day of the month beginning on • May 1, 2001 and on the first day of the month every 12 months thereafter ❑ The Note interest rate may change on the day of the month beginning on • and on that day of the month every months thereafter ❑ The Note interest rate may change BVERETT MUTUAL BANK 7.625 % The Note provides for changes in trs Le, Q (3) The Index o Changes in the interest rate are governed by changes in an interest rate index called the "Index" The un Index is 0 U' The weekly average yield of United States Treasuries adjusted to a constant ° maturity of 1 year, as made available by the Federal Reserve Board. 0 CD ADJUSTABLE RATE LOAN RIDER N r[EM 42959L1(C7347L) (9701) (Page 1 of 3 pages) rs ortr w t 100530 0393 100107tt list GREATLAND • The most recent Index figure available as of the date ©45 days non the first day of the month before each Change Date is called the "Current Index" If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice LSI (4) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding a TWO AND 750/1000 percentage points 2.750 %) to the Current Index The Note Holder will then round the result of this addition to the nearest czt I-ri • (You must check one box and fill in any appropriate rounding value) v one - eighth of one percentage point (0 125%) a N of one percentage point ( 96) Subject to the limits stated in Section A(5) on page two, this rounded amount will be my new interest rate until the next Change Date The Note Holder will then determine the amount of the scheduled payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments The result of this calculation will be the new amount of my scheduled payment (5) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.625 % or less than 7.625 %. Thereafter, my interest rate will never increase or decrease on any single Change Date by more than TWO AND 000 /1000 percentage points ( 2.000 %) from the rate of interest I have been paying for the preceding period 0 (You must check one box and fill in the appropriate linut(s)) There will be no maximum limits on interest rate changes. My interest rate will never be greater than 96 My interest rate will never be greater than 12.625 % or less than 7.625 96 (6) Effective Date of Changes My new interest rate will become effective on each Change Date I will pay the amount of my new scheduled payment beginning on the first scheduled payment date after the Change Date until the amount of my scheduled payment changes again. (7) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my scheduled payment before the effective date of any change The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice ITEM 42919L2(C7347L)MOO GREA1LAND • (Page 2 of 3 pager) r. air et 1 K0420.113i3 GI 114 711 iiti z �_-- z • w O 0 CO • W J = H w O 2 g? co I W H = Z F- t— 0 Z �- LLI U � O N . o t- . W W � O Z — • I O ~. Z B. LOAN CHARGES It could be that the loan secured by the Security Instrument is subject to a law which sets maximum loan charges and that law is interpreted so that the Interest or other loan charges collected or to be collected in connection with the loan would exceed permitted limits If this is the case, then (A) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (B) any sums ;= Z already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may 2 choose to make this refund by reducing the principal owed under the Note or by making a direct payment to 6 = Borrower. 0 O C. PRIOR LIENS w J If Lender determines that all or any part of the sums secured by this Security Instrument are subject to a ui u- w 0 lien which has priority over this Security Instrument, Lender may send Borrower a notice identifying that lien Borrower shall promptly act with regard to that lien as provided in paragraph 4 of the Security Instrument or a 5 shall promptly secure an agreement in a form satisfactory to Lender subordinating that lien to this Security u. Instrument u O = w D. TRANSFER OF THE PROPERTY H = Z F- t.rs I — 0 cm If there is a transfer of the Property subject to paragraph 17 of the Security Instrument, Lender may w I— %xi w CV require (1) an increase in the current Note interest rate, or (2) an increase in (or removal of) the limit on the 2 D °C=3 amount of any one interest rate change (if there is a limit), or (3) a change in the Base Index figure, or all of U 0 um these, as a condition of Lender's waiving the option to accelerate provided in paragraph 17 O 0 H ° f , Borrower has executed and acknowledges receipt of pages 1 through 3 of this Rider = w c' ~ H e� By s)gnin this, Borrower agrees to all of the above - 0 Z ' cn w N cm c-,1 U = O I- WAL L CSIN ITEM 429590 (073471.) (9701) (Page 3 of 3 pages) r. Order c IMO Oro oM fa a �,� e Z 20020905000204 WHEN RECORDED RETURN TO. M. GEOFFREY G JONES P. O. BOX 79 EVERETT, WA 98206 7-00 --(d A PP OI N IENT OF SUCCESSOR TRUSTEE KNOW ALL MEN BY THESE PRESENTS. WALLY L. CHIN, is the grantor, and SOUND FINANCIAL, INC. is the trustee, and EVERETT MUTUAL BANK, nka EVERTRUST BANK is the beneficiary under that certain Deed of Trust dated April 28, 2000, and recorded on May 5, 2000, of the Mortgage Records of King County, Washington, under Auditor's File No. 20000505002505 Pursuant to RCW 61 24 010(2), the undersigned hereby appoints M. GEOFFREY G. JONES, whose address is 1820 32nd Street, Everett, Washington, 98201, as successor trustee under the trust deed, to have all powers of the original trustee, effective immediately. IN WITNESS WHEREOF, the beneficiary has signed below, if the beneficiary Is a corporation, its duly authonzed officer(s) has /have signed below DATED' 1(4- , 2002 EVERETT MUTUAL BANK, nka EVERTRUST BANK RLED FOR RECORD AT THE REQUEST OF 1P.ANSNATION TITLE INSURANCE CO. By. B STATE OF WASHINGTON ) ss COUNTY OF SNOHONIISH ) On this day personally appeared before me SPlfr /da%/ J)aa e-r re9d cfti and PrCSid.eti d 10E1 11111111 20020905000204 TRANSNATION TI AST 10,00 PAGE 001 OF 002 KING Title �rt 0 $. g Ciro ;rife/ea and , to me known to be the Sr. Oic_e of EVERTRUST BANK and acknowledged the 4&WL!iTuW s`4e4-,ii}w'f: ''L373+selfflwal'''' .���. -!4,1 i}t:.aap1gc. S 'r;' 4001 r.� • said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument GIVEN UNDER my hand and official seal this / day of e a.. l.Q L2' Gl... Ivr (printed name) NOTARY PUBLIC in and f the State of Washington My Appomtment Expires a 9, d CO,4 . •• ,:•.: �4.rae •`wsr.'F }t'r. �"+.�..�""Yu£; +r'i,:d...,esi 'd5,t on.,e•.a» :F•x .CL"y�;t. • •.v..:a.. � .R .., 1.40.444V s.., • Z - Z ' w J U O O U O w = J � v_ W O L ¢. c �. I- O Z W � • p U O �, 0 W W 2 � W Z U � H O Z AFTER RECORDING MAIL TO Name Anne Marie Kreidler p � 42 1A/21/Z1s02 13.4a Address 7850 E. Greenlake Way h Kim COUNTY, $$A City, State, Zip Seattle, WA 98103 Filed for Record at Request of Anne Marie Kreidler Short Form DEED OF TRUST Grantor(s) WALLY L. CHiN, as his separate estate Grantee(s) TRUSTEE: Evergreen Title Company. Inc. Abbreviated Legal Lots 3 5 4, B1 k 2, Valley View Homes. Additional Legal(s) on page Assessor's Tax Parcel Number(s) 885880- 0050 -08 Vol. 56, pg 81 THIS DEED OFTRUST , made thus,between WALLY t. CHIN, as his separate estate as GRANTOR(S), whose address is 15310 Hacadams Rd. 48-303. Tukwila. WA 98188 1 0 BFEXerAre€n Title Company, Inc , as TRUSTEE, whose address is, Bellevue. tIA'98004 and, ANNE MARIE KREIDLER, separate estate as BENEFICIARY, whose address is 7850 E. Greenlake Way N., Seattle WA 98103 Grantor(s) hereby irrevocably grants, sells, and conveys to Trustee in trust, with power of sale, the following described property in King County, Washington Lots 3 and 4, Block 2, Valley View Homes, according to the plat thereof recorded in Volume 56 of Plats, page 81, in King County, Washington; TOGETHER WITH that portion of the right of way of 54th Avenue South vacated according to Ordinance Number 1236 Dated November 3, I981, City of Tukwila, which abuts Lots 3 and 4 in Block 2 of Valley View Homes. TOGETHER WITH all the tenements hereditaments and appurtenances, now or hereafter thereunto belonging or in any ways appertaining, and the rents, issues, and profits thereof and all other property or rights of any kind or nature whatsoever further set forth in the Master Form Deed of Trust hereinafter referred to, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits THIS DEED IS FOR THE PURPOSE OF SECURING PERFORMANCE OF EACH AGREEMENT OF Grantor(s) incorporated by reference or contained herein and payment of the sum of S 75,000.00 with interest thereon according to the terms of a promissory note of even date herewith, payable to Beneficiary or order and made by Grantor(s), all renewals, modifications or extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor(s), or any of his/her /their successors or assigns, together with interest thereon at such rate as shall be agreed upon By executing and delivering this Deed of Trust and the Note secured hereby, the parties agree that all provisions of Paragraphs 1 through 35 inclusive of the Master Form Deed of Trust hereinafter referred to, except such paragraphs as are specifically excluded or modified herein, are hereby incorporated herein by reference and made an integral part thereof for all purposes the same as if set forth hereto at length, and the Grantor(s) here by makes said covenants and agrees to fully perform all of said provisions The Master Form Deed of Trust above referred to was recorded on the, in the Official Records of the offices of the County Auditors of the following counties in Washington in the book, and at the page designated after the name of each county, to-wit LPB -20 7/97 Page 1 of 2 COUNTY BOOK OR VOL. I PACK NO 1 AUDITOR'S Adams 2 Oilman( lour 313.16 122957 Aootttt MtaoRkxd ads AtldtmtY No 101696 Beotoo 241 of Omer! Rte 69M-C 392931 Wee 666 of Masi Rte 1662.1653 611644 Ceiba 313 of Offical Res 193.191 383176 Cldc Aid Miavllm 702639. 702662 0. 319233 No CoMb6 , 49 of Deeds 195201 F3113 Coat= 747 of Waal Res 234.137 673473 Moen 123 of Mtp 120-123 131193 Perry 26 JDads 413-416 133130 PraWa II ofOffkal Rea 135141 309636 Gaf41d Maa6koed Auditor's No 13044 Grin 44 of Res Doe 373 376 331241 Gras Haboe 21 ofCarnl 31.34 207544 I,u6 11I ofOffkd Rea 710-713 211626 Arterial' 4ofOflfcd Ree 316-319 196133 Ken 3690 of Map 436-439 6382309 *trap 9290(O1f14.01Ra 410.483 934770 Ktmiu III of Mtp 361. 364 341693 MOM* 101 of Mtp 107 -110 131095 COUNTY l BOOK OR VOL l PACK NO 1 AUDITOR'S Letter 7ofOfficial Ric 139641 723362 Lamb 107 of Miss 776.719 316396 Mows Red 41 Prua 833.531 236031 Okmoia 121 of Mtp 517-519A 560638 hark 213 of Or5ed Res 649632 33707 Peed 0ntlk 27 of Mtp 1.11 126134 Plum 1234 of 86169 707- 710 2130799 Sea /um 26 efMtp 439462 69212 Shy, 19 of Of soul Rea 1013 716277 Shama 47 of Mtp 41-44 70197 Sa 0oouh 233 of Mtp 340-343 2043349 Spokrse 14 of Of lud Ree 1041.1031 376267C Stevens 109 of Mtge 394-397 390633 Moreton 454 ofOlRed Rea 731-734 713330 W,ukahmt 17 of Mtp 1992 24732 Walk Welk Sot of Mtp 711. 714 495721 W Mama 12 o(Of6cul Roe 533.131 1047322 Mamas I of Mtn , 291.294 312112 Yokota 712 of0M al Roe 147-150 2170335 A copy of such Master Form Deed of Trust is hereby furnished to the person executing this Deed of Trust and by executing this Deed of Trust the Grantor(s) acknowledges receipt of such Master Fonn Deed of Trust The property which is the subject of this deed of Trust is not used principally or primarily for agriculture of farming persons The undersigned Grantor(s) requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at the address herein before set forth WITNESS the hand(s) and seal(s) of Grantor(s) on the day and year rust above wntten By By By By By Wally L. Chin By By By LPB -20 7/97 Page 2 of 2 4 (i. ,.• L' :;�.. itiu, � � � . vc�'yk �4'z ``�.h�%L • Y+BJs:�f.+"�rtn ' �, �lk?4�:59 va��'��is W�i:ty.�:i1;5:c3�. ..t3e14 %... State of Washington } County of /< RETURN ADDRESS: Frontier Bank Totem Lake 12507 116th Ave NE Kirkland WA 90034 Grantee(s) 1 Frontier Bank 2 Stewart Title, Trustee Iii; ;�� I �:i �� II,•I !Ili 20021031003180 STEUART TITLE DT 27 09 PAGE 001 OF 009 KINGICOUNTY, 15 ii' DEED OF TRUST DATE. October 30, 2002 , .' )04, V Reference # (if applicable) 209239Z115 Additional on page _ Grantor(s) 1 CHIN, WALLY L Legal Descnption LTS 3 -4, BLK 2, VALLEY VIEW HOMES, VOL 56, PG 81 Additional on page 2 Assessor's Tax Parcel ID# 885880- 0050 -08 & 885880-0055-03 MAXIMUM LIEN The lien of this Deed of Trust shall not exceed at any one time $120,000 00 THIS DEED OF TRUST is dated October 30, 2002, among WALLY L CHIN, as a separate CD estate, whose address is 15310 MACADAMS ROAD A -303, TUKWILA, WA 98188 ( "Grantor "), r Frontier Bank, whose mailing address is Totem Lake, 12507 116th Ave NE, Kirkland, WA 98034 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"), and Stewart Title, whose mailing address is 18000 International Boulevard S Suite 510, SeaTac, WA 98188 (referred to below as "Trustee "). '.ari:l>rrr•,< �:cr to . ..;- ui:.S�.__ii t , l ..• zai L,,.. a. ii: ak:.. n. ��+i =ti••`�'sw�..`,L,a i:itid�sc:u,:.;:�L:Gteal il,§;,` 5afativwuaw: c:.= a. e.:. y ,'M.uss4,= :;�"dargoL'.::.w+i tcu:cuF ».r:se:,: r,,,:W . wt.•...:.:.:: n•.: r: �K: :trc,:u(:uurti::,.�':,�i�ia:r�ci ,zU;w DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GRANT For valuable consideration, Grantor conveys to Trustee In trust with power of sale, nght of entry and possession and for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with al existing or subsequently erected or affixed buildings, improvements and fixtures, all easements, rights of way, and appurtenances, all water, water rights and ditch rights (including stock in utilities with ditch or imgalion nghts), and all other nghts, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and smiler matters, (the "Real Property ") located in KING County, State of Washington: See EXHIBIT A, which Is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein The Real Property or its address is commonly known as 16628 53rd AVENUE S, TUKWILA, WA 98188 The Real Property tax identification number is 885880- 0050 -08 & 885880-0055 -03 • Grantor hereby assigns as security to Lender, all of Grantor's right, title, and interest in and to all leases, Rents, and profits of the Property This assignment is recorded in accordance with RCW 65 08 070, the lien created by this assignment is intended to be specific, perfected and choate upon the recording of this Deed of Trust Lender grants to Grantor a license to collect the Rents and profits, which license may be revoked at Lender's option and shaN be automatically revoked upon acceleration of all or part of the Indebtedness THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS PAYMENT AND PERFORMANCE Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents POSSESSION AND MAINTENANCE OF THE PROPERTY Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions c Possession and Use Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of • the Property, (2) use, operate or manage the Property. and (3) collect the Rents from the Property (this pnvilege is a e license from Lender to Grantor automatically revoked upon default) The following provisions relate to the use of the Property or to other Imitations on the Property The Real Property is not used principally for agricultural purposes ▪ Duty to Maintain Grantor shaA maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value m Nuisance, Waste Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of 0 or waste on or to the Property or any porton of the Property Without lending the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, day, scoria, sod, gravel or rock products without Lender's prior written consent o Removal of Improvements Grantor shall not demolish or remove any Improvements from the Real Property without o Lender's prior written consent As a condition to the removal of any Improvements, Lender may require Grantor to make N arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust Compliance with Governmental Requirements Grantor shall promptly comply, and shall promptly cause compliance by all agents, tenants or other persons or entities of every nature whatsoever who rent, lease or otherwise use or occupy the Property in any manner, with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance dunng any proceeding, including appropriate appeals, so tong as Grantor has notified Lender in writing prior to doing so and so long as, in Lenders sole opinion, Lender's interests in the Property are not jeopardized Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest Duty to Protect Grantor agrees neither to abandon or leave unattended the Property Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property DUE ON SALE - CONSENT BY LENDER Lender may, at Lenders option, (A) declare immediately duo and payable all sums secured by this Deed of Trust or (B) increase the interest rate provided for in the Note or other document evidencing the Indebtedness and impose such other conditions as Lender deems appropriate, upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property A - sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property, whether legal, beneficial or equitable, whether voluntary or involuntary, whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Washington law TAXES AND LIENS The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust Payment Grantor shah pay when due (and in all events pnor to delinquency) all taxes, special taxes, assessments. charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property Grantor shall maintain the Property tree of all lens having pnority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments riot due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust Right to Contest Grantor may withhold payment of any tax, assessment, or clam in connection with a good faith dispute over the obligation n to pay, so long as Lenders interest in the Property is not jeopardized If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the hen arises or, it a lien is tiled, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Z ' W re 2 J U O 0 U) LSI J = H • 11. W O g I I-W Z f.. i-- O Z I— LL! W U 0 O — O 1- W • W H Li' .. Z W co O ~ z Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the hen plus any costs and attorneys' tees, or other charges that could accrue as a osuit of a foreclosure or sale under the hen In any curtest, Grantor shall defend itself and Lender and shall sabsfy any adverse judgment before enforcement against the Property Grantor shall name Lender as an addrbonai obligee under any surety bond furnished m the contest proceedings Evidence of Payment Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropnate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property Notice of Construction Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any matenals are supplied to the Property, d any mechanic's hen, matenatmen's hen, or other lien could be asserted on account of the work, services, or materials Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements PROPERTY DAMAGE INSURANCE The following provisions relating to insunng the Property are a part of this Deed of Trust Maintenance of Insurance Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covenng al Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lander Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies Additionally, Grantor shat) maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require Policies shall be wntton n form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender Grantor, upon request of Lender, will delrver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, d available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpad principal balance of the loan and any prior liens on the property secunng the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the tern of the ban Application of Proceeds Grantor shall promptly notify Lender of any joss or damage to the Property Lender may make proof of loss d Grantor fails to do so wrthin fifteen (15) days of the casualty Whether or not Lender's security is • unpaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to ch the reduction of the Indebtedness, payment of any lien affecting the Property, or the restorabon and repair of the ▪ Property If Lender elects to apply the proceeds to restorabon and repave, Grantor shall repair or replace the damaged or destroyed Improvements in o manner satisfactory to Lender Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonaby cost of repair or restoration d Grantor is not n default under this Deed of Trust Any proceeds which have not been disbursed within 180 days atter their receipt and which c•) Lender has not committed to the replan or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the pnncipal balance of the Indebtedness If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid without interest to Grantor as Grantor's interests may appear c Compliance with Edsting Indebtedness Dunng the period n which any Exisbng Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Exisbng Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust to the extent compliance with the terms of this Deed of Trust would constitute a duplication of insurance requirement If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness Grantor's Report on Insurance Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each exrsbng policy of insurance showing (1) the name of the insurer, (2) the nsks nsured, (3) the amount of the policy, (4) the property insured, the then current replacement value of such property, and the manner of determining that value. and (5) the expirabon date of the policy Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property LENDER'S EXPENDITURES If any action or proceeding is commenced that would matenafy affect Lender's interest in the Property or d Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not Invited to Grantor's failure to comply with any obigabon to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, bens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, mantaining and preserving the Property All such expenditures incurred or pad by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand, (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy, or (2) the remaining term of the Note, or (C) be treated as a balloon payment which wit be due and payable at the Note's maturity The Deed of Trust also will secure payment of these amounts Such nght shall bo in addition to all other nghts and remedies to which Lander may be entitled upon Default WARRANTY, DEFENSE OF TITLE The following provisions relating to ownership of the Properly are a part of this Deed of Trust DEED OF TRUST (Continued) Page 3 Vie Grantor warrants that (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all hens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any Me insurance policy, title report, or final aloe opnan issued in favor of, and accepted by, Lender in connection with This Deed of Trust, and (b) Grantor has the lull nght, power, and authority to execute and deliver this Deed of Trust to Lender Defense of Title Subject to the exception n the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful clans of all persons In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action al Grantor's expense Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceedng and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or Z '~ W 00 N J H 2 u_ w 0 2 LL < = Z d EW Z = 1-0 W H • W U O N W W LL. � .. Z W - 0 ~ Z DEED OF TRUST (Continued) Page 4 cause to be delrverod, to Lender such mstnxnents as Lender may request from tune to time to permit such participation Compliance With laws Grantor warrants that the Property and Grantor's use of the Property complies with all oxistng applicable laws, ordinances, and regulations of governmental authorities Survival of Rppresentatlons and Warranties All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full EXISTING INDEBTEDNESS The following provisions concerning Existing Indebtedness are a part of this Deed of Trust Existing Lien The ken of this Deed of Trust secunng the Indebtedness may be secondary and 'Manor to an existing lien Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness No Modification Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has pnony over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the pray written consent of Lender Grantor shall norther request nor accept any future advances under any such security agreement without the pnor written consent of Lender CONDEMNATION The following provisions relating to condemnation proceedings are a part of this Deed of Trust Proceedings If any proceeding in condemnation its Ned, Grantor shall promptly notify Lender in wntng, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such parbcrpation Application of Net Proceeds If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORRIES The following provisions relating to governmental taxes, lees and charges are a part of this Deed of Trust Current Taxes, Fees and Charges Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without Mutation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust Taxes The following shall constitute taxes to which this section applies (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust, (2) a specific lax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust, (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note, and (4) a specific tax on all or any portion of the Indebtedness or on payments of pnncipai and Interest made by Grantor Subsequent Taxes If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor. either (1) pays the tax before rt becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender SECURITY AGREEMENT, RNANCING STATEMENTS The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust Security Agreement This instrument shall constitute a Security Agreement to the extent any of the Property constitutes lectures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time Security Interest Upon request by Lender, Grantor shah execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property In addition to recording this Deed of Trust in the real property records. Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this secuny interest Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days atter receipt of written demand from Lender to the extent permitted by applicable law Addresses The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust FURTHER ASSURANCES, ATTORNEY -IN -FACT The following provisions relating to further assurances and attomeyin•fact are a part of this Deed of Trust Further Assurances At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or wit cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be Ned, recorded, retied, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Grantor Unless prohhbded by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph Attorney-In-Fact If Grantor fails to do any of the things referred to in the preceding paragraph. Lender may do so for and in the name of Grantor and at Grantor's expense For such purposes. Grantor hereby irrevocably appoints Lender as Grantor's attomeyin -fact for the purpose of making, executing, detrvenng, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding DEED OF TRUST (Continued) Page 5 paragraph FULL PERFORMANCE If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shal execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on No evidencing Lender's secunty interest in the Rents and the Personal Property Any reconveyance fee shall be pad by Grantor, if permitted by applicable law The grantee in any reconveyance may be described as the 'person or persons legally entitled thereto', and the recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness of any such matters or facts EVENTS OF DEFAULT Each of the following, at Lender's option, shalt constitute an Event of Default under this Deed of Trust Payment Default Grantor fails to make any payment when due under the Indebtedness Other Defaults Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor Compliance Default Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Delattt will have occurred) if Grantor, after Lender sends written notice demanding cure of such failure (a) cures the failure within ten (10) days, or (b) if the cure requires more than ten (10) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical Default on Other Payments Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien False Statements Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents rs false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter Defective Collaterelizatlon This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a vain and perfected secunty interest or lien) at any time and for any reason Death or Insolvency The death of any Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or nsolvency laws by or against Grantor r" Creditor or Forfeiture Proceedings Commencement of foreclosure or forfeiture proceedings, whether by judicial c+� proceeding, seltdnelp, repossession or any other method, by any creditor of Grantor or by any governmental agency _• against any property securing the Indebtedness This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender However, this Event of Default shall not apply if there is a good faith depute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies ore surety bond for ccy the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole dscretion, as being an adequate reserve or bond for the dispute Breach of Other Agreement Any breach by Grantor under the terms of any other agreement between Grantor and .v Lender that is not remedied within any grace period provided therein, including without limitation any agreement r� concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later N Events Affecting Guarantor Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default Adverse Change A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired Existing Indebtedness The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such ndebtedness, or a default occurs under tho instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property Right to Cure If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends wntten notice demanding cure of such failure (a) cures the failure within ten (10) days, or (b) d the cure requires more than ten (10) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical RIGHTS AND REMEDIES ON DEFAULT II an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following nghts and remedies ElectIon of Remedies Section by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies Accelerate Indebtedness Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay Foreclosure With respect to all or any part of the Reel Property, the Trustee shall have the right to exercise its power of sato and to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law UCC Remedies With respect to all or any part of the Personal Property, Lender shall have at the rights and remedies of a secured party under the Uniform Commercial Code Collect Rents Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness In furtherance of this right, Lender may require any tenant or other user of the Property DEED OF TRUST (Continued) Page 6 to make payments of rent or use fees directly to Lender U the Rents are collected by Lander, then Grantor irrevocably designates Lender as Grantor's attomeytn•fact to endorse instruments received n payment thereof in the name of Grantor and to negotiate the same and collect the proceeds Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed Lender may exercise its nghts under this subparagraph either in person, by agent, or through a receiver Appoint Receiver Lender shall have the right to have a receiver appointed to take possession of at or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness The receiver may serve without bond it permitted by law Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver Tenancy at Sufferance If Grantor romans in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender Other Remedies Trustee or Lender stall have any other right or remedy provided in this Deed of Trust or the Note or by law Notice of Sale Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time alter which any private sale or other intended disposition of the Personal Property is to be made Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition Any sale of the Personal Property may be made in conjunction with any sale of the Real Property Sale of the Property To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled In exercising its nghts and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales Lender shall be entitled to bid at any public sale on all or any portion of the Property Attorneys' Fees, Expenses If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' lees and expenses for bankruptcy proceedings (including efforts to modify or rw , vacate any automatic stay cc injunction), appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal lees, title r• insurance, and fees for the Trustee, to the extent permitted by applicable law Grantor also will pay any court costs, in addition to all other sums provided by law Rights of Trustee Trustee shall have at of the rights end duties of Lender as set forth in this section POWERS AND OBLIGATIONS OF TRUSTEE The following provisions relating to the powers and obligations of Trustee r''o (pursuant to Lender's Instructions) are part of this Deed of Trust Powers of Trustee In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor (a) join in preparing and fdhg a map or plat of the Real Property, including the dedication of streets or other rights to the public, (b) join in granting any easement or creating any restriction on the Real Property, and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust N ObligatIons to Notify Trustee shall not be obligated to nobly any other party of a pending sale under any other trust deed or hen, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless required by applicable law, or unless the action or proceeding is brought by Trustee Trustee Trustee shall meet all qualifications required tor Trustee under applicable law In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law Successor Trustee Lender, at Lender's option, may from lime to time appoint a successor Trustee to any Trustee appointed tinder this Dood of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of KING County, State of Washington The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page or the Auditor's Fife Number where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution NOTICES Subject to applicable law, and except for notice required or allowed by law to be given in another manner, any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimde (unless otherwise required by law), when deposited with a nationally recognized overnight couner, or, if mailed, when deposited in the United States mai, as first class, certified or registered mad postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust All copies of notices of foreclosure from the holder of any lien which has pnonty over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address Subject to applicable law, and except for notice required or allowed by law to be given in another manner, it there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors MISCELLANEOUS PROVISIONS The following miscellaneous provisions are a part of this Deed of Trust Amendments This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to bo charged or bound by the alteration or amendment Z ~ • Z • w 00 J H U) (L w 0 2 LI I � Z � F— 0 Z F— LL) U co O — ❑ W I LL O z W 0 Z m CT! M 0 N DEED OF TRUST (Continued) Page 7 Annual Reports II the Property is used for purposes other than Granters residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantors previous fiscal year in such form and detail as Lender shall require 'Net operating income' shall moan all cash receipts from the Property less al cash expenditures made in connection with the operation of the Property Caption Headings Caption headings n this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust Merger There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the wntten consent of Lander Governing Law Th ls Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the State of Washington Thls Deed of Trust has been accepted by Lender In the State of Washington Choice of Venue If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of King County, State of Washington No Waiver by Lender Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such nght or any other right A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lenders nght otherwise to demand stnct compliance with that provision or any other provision of this Deed of Trust No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's nghts or of any of Grantor's oblgabons as to any future transactions Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any nstance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withhold in the sole discretion of Lender Severabillty If a court of competent jursdiotion finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable If the offending provision cannot be so modified, n shall be considered deleted from this Deed of Trust Unless otherwise required by law, the illegality, invalidity, or unenforceatxlity of any provision of this Deed of Trust shall not affect the legality, validly or enforceability of any other provision of this Deed of Trust Successors and Assigns Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be boding upon and inure to the benefit of the parties, their successors and assigns If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantors successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness Time Is of the Essence Time a of the essence in the performance of this Deed of Trust Waiver of Homestead Exemption Grantor hereby releases and waives all nghts and benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by this Deed of Trust DEFIN1flONS The following capitalized words and terms shall have the following meanings when used n this Deed of Trust Unless specthcally stated to the contrary, all references to dollar amounts shall mean amounts n lawful money of the United States of America Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code Beneficiary The word 'Beneficiary' means Frontier Bank, and its successors and assigns Borrower The word 'Borrower means WALLY L CHIN, and all other persons and entities signing the Note in whatever capacity Deed of Trust The words "Deed of Trust' mean Qus Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and secunty interest provisions relating to the Personal Property and Rents Default The word 'Delautl' means the Default set forth in this Deed of Trust in the section titled 'Default' Event of Default The words 'Event of Default' mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust Existing Indebtedness The words 'Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of the Deed of Trust Grantor The word 'Grantor means WALLY L CHIN Guaranty The word 'Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note Improvements The word Improvements' means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property indebtedness The word 'Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust Lender The word 'Lender means Frontier Bank, its successors and assigns Note The word 'Note' means the promissory note dated October 30, 2002, In the original principal amount of $297,920.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement Personal Property The words 'Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property, together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property, and together with all issues and profits thereon and proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property Property The word 'Property' means collectively the Real Property and the Personal Property Real Property The words 'Real Property' mean the real property, interests and rights, as further described in this Deed of Trust Related Documents The words 'Related Documents' mean all promissory notes. credit agreements, loan agreements, guaranties, secunly agreements, mortgages, deeds of trust, secuny deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter exrstng, executed in connection with the Indebtedness, provided, that the enwonmental indemnity agreements are not'Relatod Documents' and are not secured by this Deed of Trust Rents The word 'Rents' means all present and future rents, revenues, ncome, issues, royalties, profits, and other benefits denved from the Property Trustee The word Trustee' means Stewart Tittle, whose maring address is 18000 International Boulevard S Suite 510, SeaTac, WA 98188 and any substitute or successor trustees GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS WALLY L CHIN, Indhildualy y ta ' • 4. 1O- 6 \ 011 0 118 r) d : 3 r _ a • )S$ ° f� a :L ►. b •� Pff t} Ry r On this day before me, the undersigned Notary Public, personally appeared WALLY L CHIN, personally k proved to me on the basis of satisfactory evidence o be the individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned Given under my hand and official seal this 30th day o} Octobe 20 02 on By Va sa D. Morgan c • a Notary Public In and for the State of L lt} Q REQUEST FOR FULL RECONVEYANCE STATE OF Washington COUNTY OF King Date DEED OF TRUST (Continued) Page 8 INDIVIDUAL ACKNOWLEDGMENT Residing at Lynnwood My comnussron expires 7-29 -03 c To , Trustee ° The undersigned Is the legal owner and holder of al indebtedness secured by this Deed of Trust You are hereby requested, N upon payment of all sums owing to you, to recomey without warranty, to the persons entitled thereto, the right, title and interest now held by you under the Deed of Trust Viol R° WA. VS "BOWS on sb •4N..* *A C It T• I nlCaRlaoc Beneficiary By Its : YiCie #i "r.`.,?35. iii;.::; des .: ;:i.:;itidL% ?'; " sa: d:.': il,. t;..•` L �W` S' ifx�i+ i. iLb: r.': t;' W;.{ 6 .4+G>ti:Cls:a:;a1a�+:.rwanw.:., ,a, -.: 1:ke :.ttt+' px;SMs;ria`:ti..byU`= a"..t>i: x 1a•: xt!£: frv+. iiLti:, oJ.' w: rLs': n`, wt':": ui` tZ�; lis:'tt_`usk5`a'°i3y.:ti:.�ui":e r. e -� Order Number 200239706 EXHIBIT "A" LOTS 3 AND 4, BLOCK 2,VALLEY VIEW HOMES, ACCORDING TO PLAT RECORDED IN VOLUME 56 OF PLATS AT PAGE(S) 81, RECORDS OF KING COUNTY, WASHINGTON TOGETHER WITH THAT PORTION OF THE RIGHT -OF -WAY OF 54 AVENUE SOUTH VACATED ACCORDING TO ORDINANCE NO 1236 DATED NOVEMBER 3, 1981, CITY OF TUKWILA, WHICH ABUTS LOTS 3 AND 4 IN BLOCK 2 OF VALLEY VIEW HOMES, ACCORDING TO PLAT RECORDED IN VOLUME 56 OF PLATS AT PAGE(S) 81, RECORDS OF KING COUNTY, WASHINGTON .ism.:wL:'i �',::r'F::.:S•:a'Li'2�..1 :' , .Z • J U; • 0 O: WI J 1 . 1 ) LL: • , W O _ tt W D. = d. _ ZF-. I- O Z I- 2 U C. - o h— = V` . I— I �- Z: W U N' • O • Z 20021031003181 RETURN ADDRESS. Frontier Bank Totem Lake 12507 116th Ave NE Kirkland, WA 96034 Grantee(s) 1 Frontier Bank 2002 03 003181 g TITLE` 19/a1/2 112 ,.4M ...MINI, wn ASSIGNMENT OF RENTS Reference # (if applicable) Q09239706 -2(..x0.2 /03 / 3,4 Grantor(s) 1 CHIN, WALLY L Additional on page -2 , 3cy1 Legal Descnption LTS 3-4, BLK 2, VALLEY VIEW HOMES, VOL 56, PG 81 Additional on page 2 Assessor's Tax Parcel ID# 885880 - 0050 -08 & 885880-0055 -03 THIS ASSIGNMENT OF RENTS dated October 30, 2002, Is made and executed between WALLY L CHIN, as a separate estate, whose address is 15310 MACADAMS ROAD A -303, TUKWILA, WA 98188 (referred to below as "Grantor ") and Frontier Bank, whose mailing address Is 12507 116th Ave NE, Kirkland, WA 98034 (referred to below as "Lender ") z Z M • •JU U O` U J H W O z � .z H: M p' N . I w 111 I. lt. 01 .. z W U O z ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security Interest in, and conveys to Lender all of Grantor's right, title, and interest In and to the Rents from the following described Property located in KING County, State of Washington. See EXHIBIT A, which is attached to this Assignment and made a part of this Assignment as If fully set forth herein The Property or its address is commonly known as 16628 53rd AVENUE S, TUKWILA, WA 98188 The Property tax Identification number is 885880-0050 -08 & 885880-0055-03 THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS PAYMENT AND PERFORMANCE Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender a amounts secured by this Assignment as they become due, and shall stnctly perform all of Grantor's obligatxns under this Assignment Unless and until Lender exercises its nght to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the nght to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding GRANTOR'S REPRESENTATIONS AND WARRANTIES Grantor wanants that Ownership Grantor ms entitled to receive the Rents free and dear of a nghts, loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing Right to Assign Grantor has the lull right, power and authony to enter into this Assignment and to assign and convey the Rents to Lender No Prior Assignment Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force No Further Transfer Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's nghts in the Rants except as provided in this Assignment ▪ LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS Lender shalt have the nght at any line, and even though no • default shall have occurred under this Assignment, to collect and receive the Rents For this purpose, Lender is hereby given and granted the following nghts, powers and authority Cri Notice to Tenants Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent Enter the Property Lender may enter upon and take possession of the Property, demand, collect and receive from the N tenants or from any other persons liable therefor, all of the Rents, nsmute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the N Property, collect the Rents and remove any tenant or tenants or other persons from the Property Maintain the Property Lender may enter upon the Property to maintain the Property and keep the same in repair, to pay the costs thereof and of all services of all employees, including the equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water ublites, and the premiums on fire and other insurance effected by Lender on the Property Compliance with Laws Lender may do any and all things to execute and comply with the laws of the State of Washington and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property Lease the Property Lender may rent or lease the whale or any part of the Property for such torn or terms and on such conditions as Lender may deem appropriate Employ Agents Lender may engage such agent or agents as Lender may deem appropnate, enter in Lenders name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents Other Acts Lender may do all such other thugs and acts with respect to the Property as Lender may deem appopnato and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above No Requirement to Act Lender shalt not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing APPLICATION OF RENTS Al costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents Lender, in Is sole discretion, shall determine the application of any and all Rents received by rt, however, any such Rents meowed by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment. and shall be payable on demand, with interest al the Note rate from date of expenditure until paid FULL PERFORMANCE If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable sabefaction of this Assignment and suitable statements of temunabon of any finning statement on No evidencing Lender's security interest in the Rents and the Property My termination fee required by law shall be paid by Grantor, it permitted by applicable law LENDER'S EXPENDITURES If any action or proceeding is commenced that would matenally affect Lender's interest n the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated 1o) take any action that Lender deems appropnate, including but not tinted to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all costs for insunng, maantarnng and preserving the Property All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor All such expenses will ASSIGNMENT OF RENTS (Continued) Page 2 • rrl M cti 0 ASSIGNMENT OF RENTS (Continued) Page 3 become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand, (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy, or (2) the remaining term of the Note, or (C) be treated as a balloon payment which will be due and payable at the Note's maturity The Assignment also will secure payment of these amounts Such right shall be n addition to all other nghts and remedies to which Lender may be entitled upon Default DEFAULT Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment Payment Default Grantor Pais to make any payment when due under the Indebtedness Other Defaults Grantor fads to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor Default on Other Payments. Failure of Grantor within the tame required by this Assignment to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien Environmental Default Failure of any party to comply with or perform when due any term, obligation, conversant or condition contained in any environmental agreement executed in connection with the Property False Statements My warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Assignment or the Rotated Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter Defective Collaterallzatton This Assignment or any of the Related Documents ceases to be in full force and effect (metering failure of any collateral document to create a valid and perfected secunty interest or lien) at any time and for any reason Death or Insolvency The death of any Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor Creditor or Forfeiture Proceedings Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, set -help, repossession or any other method, by any creditor of Grantor or by any governmental agency against the Rents or any property secunng the Indebtedness This includes a garnishment of any of Grantor's accounts. including deposit accounts, with Lender However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the clam which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender wnten notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute Property Damage or Lou The Property is lost, stolen, substantially damaged, sold, or borrowed against Events Affecting Guarantor My of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default Adverse Change A material adverse change occurs in Grantor's financial condition, or Lender believes the ros C.3 payment or performance of the Indebtedness is impaired p of Cure Provisions If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Assignment within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Grantor, after receiving wnten notice from Lender demanding cure of such default (1) cures the default within ten (10) days, or (2) it the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical RIGHTS AND REMEDIES ON DEFAULT Upon the occurrence of any Event of Default and at any time thereafter. Lender may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law Accelerate Indebtedness Lender shag have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay Collect Rents Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness In furtherance of this right, Lender shall have all the nghts provided for in tho Lender's Right to Receive and Collect Rents Section, above If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attomeym•fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed Lender may exercise its rights under this subparagraph either n person, by agent, or through a receiver Appoint Receiver Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness The receiver may serve without bond if permitted by law Lender's nght to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver Other Remedies Lender shall have all other nghts and remedies provided in this Assignment or the Note or by law Election of Remedies Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, alter Grantor's failure to perform, shall not affect tender's right to declare a default and exercise its remedies Attorneys' Fees, Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall became a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid Expenses covered by this paragraph include, without limitation, however subject to any lends under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' tees and expenses for bankruptcy proceedings (including efforts to modify or ASSIGNMENT OF RENTS (Continued) Page 4 vacate any automatic stay or mjuncton), appeals, and any anbcipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal lees, bile insurance, and lees for the Trustee, to the extent permitted by applicable law Grantor also will pay any court costs, in addition to all other sums provided by law MISCELLANEOUS PROVISIONS The following miscellaneous provisions are a part of this Assignment Amendments This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment No alterabon of or amendment to this Assignment shall be effective unless given in writing and signed by the party a parties sought to be charged or bound by the aherabon or amendment Caption Headings Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment Governing Law This Assignment will be governed by, construed and enforced In accordance with federal law and the laws of the State of Washington Thls Assignment has been accepted by Lender in the State of Washington Choke of Venue II there is a lawsuit, Grantor agrees upon Lender's request to submit to the junsdmction of the courts of King County, State of Washington Merger There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender Interpretation (1) In all cases where thorn is more than one Borrower or Grantor, then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require (2) If more than one person signs this Assignment as 'Grantor, the obbgabons of each Grantor are joint and several This means that if Lender brings a lawsuit. Lender may sue any one or more of the Grantors If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only They are not to be used to interpret or define the provisions of this Assignment No Waiver by Lender Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given n writing and signed by Lender No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other nght A waiver by Lender of a provision of this Assignment shall not prejudice or consbtute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment No pnor waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's nghts a of any of Grantor's obligations as to any future transactions Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall r+� not constitute continuing consent to subsequent instances where such consent is required and in at cases such consent may be granted or withheld in the sole discretion of Lender Notices Subject to applicable law, and except fix notice required a allowed by law to be given in another manner, any nobce required to be given under this Assignment shall be given in writing, and shal be effective when actually m delivered, when actually received by telefacsmde (unless otherwise required by law), when deposited with a nabonally recognized overnight courier, or, if mailed, when deposited in the United States mad, as first class, certified or registered 'mail postage prepaid, directed to the addresses shown near the beginning of this Assignment Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose N of the notice is to change the party's address For notice purposes, Grantor agrees to keep Lender informed at all tines of Grantor's current address Subject to applicable law, and except for nobce required or allowed by law to be given in N another manner, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors Powers of Attorney The venous agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of secunty and may not be revoked by Grantor until such lime as the same ore renounced by Lender SeverabUlty If a court of competent jursdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable If the offending provision cannot be so muddied, it shall be considered deleted from this Assignment Unless otherwise required by law, the illegality, invalidity, or unonforceabdiy of any provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment Successors and Assigns Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall be binding upon and inure to the benefit of the parties, thew successors and assigns If ownership of the Properly becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness Time Is of the Essence Time is of the essence in the performance of this Assignment WAIVER OF HOMESTEAD EXEMPTION Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by this Assignment WAIVER OF RIGHT OF REDEMPTION NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT DEFINITIONS The following capitalized words and terms shall have the following meanings when used in this Assignment Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require Words and terms not otherwise defined in this Assignment shalt have the meanings attributed to such terns in the Uniform Commercial Code Assignment The word 'Assignment' means this Assignment of Rents, as this Assignment of Rents may be amended or modified from time to time, together with all exhibits and schedules attached to this Assignment of Rents from tine to time Borrower The word 'Borrower means WALLY L CHIN Default The word 'Default means the Default set forth in this Assignment in the section titled 'Default' Event of Default The words 'Event of Default' mean any of the events of default sel forth in this Assignment in the rr . va GRANTOR 7 ey van ss �ll. Morgan Notary Public In and for the State of WA ASSIGNMENT OF RENTS (Continued) Page 5 default section of this Assignment Grantor The word 'Grantor means WALLY L CHIN Guaranty The word 'Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without IirMatxxn a guaranty of at or part of the Note Indebtedness The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with at renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Rotated Documents and any amounts expended or advanced by Lender to discharge Grantors obligations or expenses incurred by Lender to enforce Grantees obligations under this Assignment, together with mterest on such amounts as provided in this Assignment Lender The word tender' means Frontier Bank, its successors and assigns Note The word 'Note' means the promissory note dated October 30, 2002, In the original principal amount of $297,920.00 from Grantor to Lender, together with at renewals of, extensions of, modifications of, refnancngs of, consolidations of, and substitutions for the promissory note or agreement Property The word 'Property' moans all of Grantor's rght, tree and interest in and to all the Property as descnbed in the 'Assignment' section eels Assignment Related Documents The words 'Related Documents" mean at promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness Rents The word 'Rents' means at of Grantor's present and future rights, title and interest in, to and under any and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts recervabfe, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT THIS DOCUMENT IS EXECUTED ON OCTOBER 30, 2002 INDIVIDUAL ACKNOWLEDGMENT yr STATE OF Washington )SS .1 :- r.,.._a Y♦ On this day before me, the undersigned Notary Public, personaly appeared WALLY L CHIN, personal'. proved to me on the basis of satisfactory evidence to be the individual described in and who executed the • of Rents, and acknowledged that he or she signed the Assignment as his or her free and voluntary act and deed, for the uses and purposes therein mentioned Given under my hand and official seal thls 30th day of October 20 02 Residing at Lynnwood My commission expires 7 -29 -03 via n. ,.r,, V..aa.,. 4 w....,..r.wr. . 111,1 s. II P., r.,. .. c tna., .nca.n= a»: uAtb.44..:.f 11 , ek ., Order Number 200239706 EXHIBIT "A" LOTS 3 AND 4, BLOCK 2,VALLEY VIEW HOMES, ACCORDING TO PLAT RECORDED IN VOLUME 56 OF PLATS AT PAGE(S) 81, RECORDS OF KING COUNTY, WASHINGTON TOGETHER WITH THAT PORTION OF THE RIGHT -OF -WAY OF 54 AVENUE SOUTH VACATED ACCORDING TO ORDINANCE NO 1236 DATED NOVEMBER 3, 1981, CITY OF TUKWILA, WHICH ABUTS LOTS 3 AND 4 IN BLOCK 2 OF VALLEY VIEW HOMES, ACCORDING TO PLAT RECORDED IN VOLUME 56 OF PLATS AT PAGE(S) 81, RECORDS OF KING COUNTY, WASHINGTON ;F.uk �cv �S v," �-' �:'.?".:. 4?. �:: ic" tr" L: T. cxS atvaa�tdnrt�e' Sm ef.'Y <ta¢ixliTt.�L �tn -" •.,, z I ,- J U 0 s W =: J H W O LL Q. CO a _ E. Ul I-0 Z W ui U � O— CI E- W W 9 - - 0 Z W O ~` :z AFTER RECORDING MAIL TO: Graham & Dunn PC 1420 Fifth Avenue, 33n Floor Seattle, WA 98101 Attn Paul J Battaglia DOCUMENT TITLE(S): RELATED DOCUMENTS: GRANTOR: GRANTEE: LEGAL DESCRIPTION: ABBREVIATED: Full: Tax Parcel Numbers: m27007- 397386 doc 110 i OF111111110 „, ,,„ 20021126002747 GRAHAM 4 DUNN DT 23 00 11/ 1 2 4 KING COUNTY, UA DEED OF TRUST NONE WALLACE L CHIN CHIN PARTNERSHIP LOTS 3 AND 4, BLOCK 2, VALLEY VIEW HOMES, VOL. 56, PG 81, KING COUNTY, WASHINGTON Shown on Page 1 of document 885880 - 0050 -08 and 885880- 0055 -03 1 4 , AFTER RECORDING MAiL TO: Name Paul J Battaglia Address Graham & Dunn 1420 Fifth Avenue 33` Floor City/State Seattle, WA 98101 Deed of Trust (For Use in the State of Washington Only) THIS DEED OF TRUST is made this 0 day of November, 2002, between WALLACE L CHIN, as Grantor, whose address is do Larry B Feinstein, Vortman & Feinstein, 500 Union Street, Suite 500, Seattle, WA 98101, CHICAGO TITLE INSURANCE COMPANY, as Trustee, and CHIN PARTNERSHIP, as Beneficiary. WITNESSETH Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of L'•• sale, the following described investment real property in King County, Washington LOTS 3 AND 4, BLOCK 2, VALLEY VIEW HOMES, ACCORDING TO PLAT RECORDED IN VOLUME 56 OF PLATS AT PAGES(S) 81, RECORDS OF KING COUNTY, WASHINGTON ua TOGETHER WITH THAT PORTION OF THE RIGHT -OF -WAY OF 54 •2 AVENUE SOUTH VACATED ACCORDING TO ORDINANCE NO 1236 DATED NOVEMBER 3, 1981, CITY OF TUKWILA, WHICH ABUTS LOTS 3 AND 4 IN BLOCK 2 OF VALLEY VIEW HOMES, ACCORDING TO PLAT RECORDED IN VOLUME 56 OF PLATS AT PAGE(S) 81, RECORDS OF KING COUNTY, WASHINGTON Assessor's Property Tax Parcel /Account Number(s) 885880 - 0050 -08, 885880- 0055 -03 which real property is not used principally for agricultural or farming purposes,'together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues, and profits thereof This Deed is for the purpose of securing performance of certain payments and agreements of Wallace L Chin (aka Wally Chin) and Gilbert Chin, pursuant to (i) that certain Lease Agreement dated February 14, 2001, by and between Chin Partnership, as Lessor, and Wally Chin and Gilbert Chin, as Lessee, for premises located at 22003 66 Avenue, Suite A, Mountlake Terrace, Washington, and (ii) that certain Agreement dated October 18, 2002, among Chin Partnership, Wally Chin, Gilbert Chin, and C &C Investments, LLC, and all renewals, modifications and extensions thereof To protect the security of this Deed of Trust, Grantor covenants and agrees 1 To keep the property in good condition and repair, to permit no waste thereof, to complete any building, structure or improvement being built or about to be built thereon, to restore promptly any building, structure, or improvement thereon which may be damaged or destroyed, and to m27007- 382751 doc 1 • comply with all laws, ordinances, regulations, covenants, conditions, and restrictions affecting the property 2 To pay before delinquent all lawful taxes and assessments upon the property, to keep the property free and clear of all other charges, liens or encumbrances impairing the security of z this Deed of Trust, other than a senior deed of trust of no more than $540,000 i z �w 3 To keep all buildings now or hereafter erected on the property described herein continuously D insured against loss by fire or other hazards in an amount not less than the total debt secured 1 v v O by this Deed of Trust rn p 4 To defend any action or proceeding purporting to affect the security hereof or the rights or J i = - powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title w 0 O search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any 2 suit brought by Beneficiary to foreclose this Deed of Trust g 5 5 To pay all costs, fees, and expenses in connection with this Deed of Trust, including the = d expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and i ._ _ Fa? attorney's fees actually incurred, as provided by statute z i— in iN 6 Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, I eN1 encumbrances or other charges against the property hereinabove described, Beneficiary may D o c pay the same, and the amount so paid, with interest at the rate set forth in the note secured vO cn hereby, shall be added to and become a part of the debt secured in this Deed of Trust 0 i•- 4 W W ; ► r IT IS MUTUALLY AGREED THAT I-- o u'O ,, 1 In the event any portion of the property is taken or damaged in an eminent domain proceeding, id z CV the entire amount of the award or such portion as may be necessary to fully satisfy the U = a obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation p I z 03 2 By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay 3 The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto 4 Upon default under either or both of the agreements secured as identified above, all payments secured hereby shall immediately become due and payable at the option of the Beneficiary In' such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder Any person except Trustee may bid at Trustee's sale Trustee shall apply the proceeds of the sale as follows. (1) to the expense of the sale, including a reasonable Trustee's fee and attorney s fee, (2) to the obligations secured by this Deed of Trust, and (3) the surplus, if any, shall be distributed to the persons entitled thereto m27007- 382751 doc 2 6 The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy, Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage 7 In the event of death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which �^- Grantor, Trustee, or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee (N) 8 This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators , executors, and assigns The term • Beneficiary shall mean the holder and owner or the note secured hereby, whether or not named as Beneficiary herein 5 Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquired thereafter Trustee s deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for value WALLACE L CHIN, GRANTOR STATE OF WASHINGTON County of ;X On this day personally Arcat before me Wallace L Chin to me known to be the individual described in and who executed the foregoing ins P ent, and acknowledged that he signed the same as his free and vo untary act.and deed„ for the uses . d pu • • ses therein mentioned Nsr ��I DATED ' s, FEr �> I its I ,oi,,� � Name (typ =� or pri ted) 500 �p� ; ",,� UU el / - ,� oI OTARY Pi �C ' i an for too Wash 1 , 7 > q ' i ar 0 . Resi ding at . u-C m27007- 382751 doc } } } U ss � OF WAS - My appointment expires 3 .^ t~ ms ms r ear REQUEST FOR FULL RECONVEYANCE To be used only when all obligations have been paid under the note and this Deed of Trust TO TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust Said note, together with all other Indebtedness secured by said Deed of Trust, has been fully paid and satisfied, and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder DATED m27007- 382751 doc 4 :.;;:: n,sYi ✓.+, ^.uroy. "�rYaJyuw.btct� At +' +1k.v. at:4 4. ti;a. tAdoa>z1,,,v,:st S:ximai«u VAL VUE SEWER DISTRICT 14816 Military Road S PO Box 69550 Seattle, WA 98168 -9550 (206)242 -3236 20030624000141 VAL VUE L 19.00 PAGE 001 OF 001 00/24/2003 09:10 KING COUNTY, WA NOTICE OF CLAIM OF LIEN GRANTOR WALLY L CHIN AKA ALLY L CHIN GRANTEE VAL VUE SEWER DISTRICT PROPERTY ADDRESS 16628 53 AVE S KC TAX PARCEL # 885880.0055 VAL VUE ACCT N 102855 AMOUNT OF LIEN $258 72 LEGAL DESCRIPTION LOT 4 BLK 2 VALLEY VIEW HOMES ADD & VAC ST ADJ VAL VUE SEWER DISTRICT, A MUNICIPAL CORPORATION OF KING COUNTY, WASHINGTON, HEREBY CERTIFIES THAT SEWER SERVICES WERE AVAILABLE TO OWNERS AND REAL PROPERTIES LISTED ABOVE AND THAT SEWERAGE DISPOSAL CHARGES OR SEWER CONNECTION CHARGES, TOGETHER WITH PENALTIES AND INTEREST ARE CURRENTLY DELINQUENT AND. THEREFORE A LIEN, SUPERIOR TO ALL OTHER CLAIMS, ENCUMBRANCES, AND LIENS EXCEPT ONLY THE LIEN OF GENERAL TAXES, IS HEREBY CLAIMED PURSUANT TO RCW 57 08 081 AGAINST THE REAL PROPERTY USTED ABOVE, IN THE AMOUNT OF THE DELINQUENCIES SHOWN PLEASE TAKE NOTICE THAT THE SAID CURRENT DELINQUENCIES CANNOT BE RELIED UPON FOR THE PURPOSE OF SATISFYING THE DISTRICTS LIEN FUTURE CHARGES, PENAL1 IES AND INTEREST WILL, IF UNPAID, BE ADDED TO THE DELINQUENCIES SECURED BY THE AFORESAID UENS, AS WILL ALL COSTS AND DISBURSEMENTS ALLOWED BY STATUTE IF SUIT IN FORECLOSURE BY CIVIL ACTION IN THE KING COUNTY SUPERIOR COURT IS COMMENCED THE DISTRICT RESERVES THE RIGHT, PURSUANT TO RCW 57 08 081 TO CUT OFF SEWER SERVICE TO ANY OR ALL OF THE ABOVE LISTED REAL PROPERTIES t CERTIFY OR DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASH GTON THAT THE FOREGOING IS TRUE AND CORRECT DATED 6/17/03 V, LVU STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that DANA DICK is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of Vat V Distnct to be the free and voluntary act of such party for the uses and purposed m_er r r r i} iurnent 141 + i' III r ER DISTRICT . Manager, Dana Dick W my hand and otf ce fteal this day 6/17/03 1 1 ' 'Y� t t t � � �y������,= Print Name' KATHLEEN HAWORTH My appointment expires. 01/09/06 1 , '. B 9 61 .. Public Public in and for the State of WA, residing at Seattle 2n1'30624000141.001 • r • t• • • I !' 1 . • : 1 • • . P.O. Box 1007 AUBURN, WASHINGTON 98071-1007 . • EOTEC N I CAI -RE p 0 RT 8:5 3 • Tukwik, WA SPEARS ENGINEERING &. TECHNICAL SERVICES PHONE: (253) 833-7967 FAx: (253) 735-2867 SEP GILBERT CHIN 4989 19 Ave S Seattle, WA 98108 ATTN: MR. GILBERT ChiN Gentlemen: INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIAUZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS•ENGINEERING.COM/ As per your request, we have conducted a soils exploration and foundation evaluation for the above mentioned addition. The results of this investigation, together with our recommendations, are to be found in the following report. We have provided three copies for your review and distribution. During our exploration, three test borings was advanced and soil samples submitted for laboratory testing from the project site. The data has been carefully analyzed to determine soils bearing capacities and footing embedment depths. The results of the exploration and analysis indicate that conventional spread and continuous wall footings appear to be the most suitable type of foundation for the support of the proposed structures. Some variability was encountered in comparing the soil profiles of the site. Net allowable soil pressures, embedment depth, and total expected settlements have been presented for the site, later in the report. Often, because of design and construction details that occur on a project, questions arise concerning soil conditions. We would be pleased to continue our role as geotechnical engineers during the project implementation. We also have great interest in providing materials testing and special inspection services during the construction of this project. If you will advise us of the appropriate time to discuss these engineering services, we will be pleased to meet with you at your convenience. We appreciate this opportunity to be of service to you and we look forward to working with you in the future. If you have any questions please call us at the phone number listed at the bottom of the page. If you have any questions concerning the above items, the procedures used, or if SETS can be of any further assistance please call on us at (253) 833 -7967. P.O. Box 1007 AUBURN, WASHINGTON 98071 - 1007 yx��:, waiar�5'ri;kv ; ,�:rz3 i�S:?,�!:iJ.3s�SS4ktiik4.ti:a::s *a #r` «r, "' RE: SUBSURFACE Solis INVESTIGATION PROJECT: 1 6 6 2 8 5 3" AVE S, Tukwila, WA REPORT DATE: REViSEd 04/20/200 I PHONE: (253) 833 - 7967 FAX: (253) 735 -2867 SPEARS ENGINEERING & TECHNICAL SERVICES Report # 00001 -037a Page 1 of 14 TAME Of CONTENTS 2 SubsuRfAcE INvEcrigAtiom 3 Introduction: 3 Purpose: 3 Scope: 3 General: 3 Geology Of Area: Climate Of Area: PROJECT DEscRiptioN Fidd EXpfORATiON General Notes: Drilling & Sampling Procedures: 4 Laboratory Testing Program: 4 4 General Notes:. 4 Description Of Foundation Materials: 5 FOIUNdATiON DISCUSSION ANd REcommENdAnoNS 5 General Notes: 5 Foundation Design Recommendations: 5 Slope Stability Modeling & Analysis: 6 Slope Recommendations: 6 CONSTRUCTION CoNSidERATioNS 6 Earthwork: 6 Structural Fill: SUbSURfAcE CoNdiTioNs INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION/PROJECT MANAGEMENT SPECIAUZING IN ROADS & BRIDGES HTTP://WWW.SPEARS-ENGINEERING.COM/ Excavations: Lateral Earth Pressures: Floor Slab-On-Grade: Groundwater Control: Geoseismic Setting: Liquefaction Potential: SummARy GEOTECIINiCA1 GENERAL NOTES Soil Property Symbols Drilling And Sampling Symbols Relative Density And Consistency Classification Particle Size Six KAN WiT11 BoRimq Log LocArioms Sim LocAriom DYNAMIC SlopE %Miry ANAlySiS BoRiNg Log #1 BORiNq Log #2 SITE Photos P.O. Box 1007 AUBURN, WASHINGTON 98071-1007 TAblE Of CONTENTS PHONE: (253) 833-7967 FAX: (253) 735-2867 SPEARS ENGINEERING & TECHNICAL SERVICES 3 3 4 4 4 7 7 8 8 8 8 8 9 9 9 9 9 10 1 1 12 13 13 14 Report # 00001-037a Page 2 of 14 7 SEP INTRODUCTION: This report presents the results of a soils exploration and foundation analysis for the proposed short plat at 16628 53 Avenue South in Tukwila , Washington. This investigation was conducted for Mr. Gilbert Chin. Authorization to perform this exploration and analysis was in the form of a verbal authorization to proceed from Mr. Chin. PURPOSE: The purpose of this foundation exploration and analysis was to determine the various soil profile components, the engineering characteristics of the foundation materials and to provide criteria for use by the design engineers and architects in preparing or verifying the suitability of the foundation design. SCOPE: The scope of the exploration and analysis included a review of geological maps of the area and a review of geologic and related literature; a reconnaissance of the immediate site; the subsurface exploration; field and laboratory testing; and an engineering analysis and evaluation of the foundation materials. We were not requested to provide an Environmental Site Assessment for this property. Any comments concerning onsite conditions and/or observations, including soil appearances and odors, are provided as general information. Information in this report is not intended to describe, quantify or evaluate any environmental concern or situation. GENERAL: The exploration and analysis of the foundation conditions reported herein are considered sufficient in detail and scope to form a reasonable basis for the foundation design. Any revision in the plans for the proposed structure from those enumerated in this report should be brought to the attention of the soils engineer so that he may determine if changes in the foundation recommendations are required. If deviations from the noted subsurface conditions are encountered during construction, they should also be brought to the attention of the soils engineer. The soils engineer warrants that the findings, recommendations, specifications, or professional advice contained herein, have been promulgated after being prepared according to generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics and engineering geology. No other warranties are implied or expressed. This report has been prepared for the exclusive use of Mr. Gilbert Chin and his retained design consultants. The findings and recommendations within this report are for specific application to the proposed project. All reconunendations are according to generally accepted soils and foundation engineering practices. GEOLOGY OF AREA: The geology of the site and surrounding area as taken from the USDA Soil Conservation Service Survey consists of Arents of the Alderwood association of soils. These soils have been so disturbed from urban development that they can no longer be classified as Alderwood series. Permeability in the upper soils in this area is moderately rapid and the erosion hazard is low. CLIMATE OF AREA: The climate of the site and surrounding area as taken from the USDA Soil Conservation Service Survey consists of an annual precipitation of 45 to 55 inches per year, and a mean annual temperature of 50°F with a frost free season of about 200 days per year. P.O. Box 1007 AUBURN, WASHINGTON 98071 -1007 INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIAUZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS -ENGI N EERING.COM/ SUbSURFACE INVESTIGATION PHONE: (253) 833-7967 Report # 00001.037a FAX: (253) 735 -2867 Page 3 of 14 " revu" ?�:' ��a1.' rc+wza,^a`;4C�Srxrt.s�ssS"�"9r. SPEARS ENGINEERING & TECHNICAL SERVICES • • s T5 The purpose of this section is to enumerate details of the proposed structures. The following information was provided by the owner. The site is currently a single family residence which the owner is in the process of short platting into 5 single family residential lots. Conventional spread footings and slab -on -grade floors are contemplated. Differential settlements are limited to'/ inch. The site of the proposed short plat upon which this soils exploration has been made is located at 16628 53` Ave South in Tukwila, Washington. The site topography consists of a terraced site with a slope towards the east. There is a drop of 25 -30 from the west property line to the east property line. The site drainage consists of normal runoff infiltration. The site vegetation consist of a maintained residential yard with some fruit trees and then blackberry bushes along the east '/ of the site. East of the property the hillside drops down to Interstate 5 with a steep slope profile. It is our understanding that the proposed lots be on city sewer for both storm and sanitary sewers. Therefore, we did not perform any percolation tests for the site. GENERAL NOTES: The field exploration to determine the engineering characteristics of the foundation materials included a reconnaissance of the project site, excavating the test boring, performing field penetrometer and vane shear tests and recovering disturbed grab samples. A total of two test borings were placed on the site. The test borings were advanced to 6 feet below the existing ground surface. The test borings was located by the field crew as shown on the site plan. A site plan supplied by the owner was used to locate the proposed building orientation and position the excavations. The test borings were located by the field technician by means of normal taping and pacing procedures and are presumed to be accurate to within a few feet. After completion, the test borings was backfilled with excavated soils and the site cleaned and leveled as required. DRILLING & SAMPLING PROCEDURES: The soil boring was performed with a conventional hand auger. Representative samples were obtained from the borings. The samples obtained by this procedure were classified in the field by a soils technician, identified according to test boring number and depth, placed in plastic bags to protect against moisture loss and transported to the laboratory for additional testing. LABORATORY TESTING PROGRAM: Along with the field investigation, a supplemental laboratory testing program was conducted to determine additional pertinent engineering characteristics of the foundation materials necessary in analyzing the behavior of the proposed building structures. The laboratory testing program included supplementary visual classification and water content determinations on all samples. In addition, selected samples were subjected to Atterburg Limits Tests - ASTM designation D -4318, and Grain Size Analysis - ASTM designation C -117, C -136. All phases of the laboratory testing program were conducted according to applicable ASTM Specifications and the results of these tests are to be found on the accompanying Logs located in the Appendix. P.O. Box 1007 AUBURN, WASHINGTON 98071 -1007 INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS- ENGINEERING.COM/ PROJECT DESCRIPTION HEW EXPLORATION SUbSURFACE CONdITIONS PHONE: (253) 833 -7967 FAX: (253) 735 -2867 GENERAL NOTES: The types of foundation materials encountered have been visually classified and are described in detail on the test boring logs provided in the Appendix. The results of the field penetrometer and vane shear tests, moisture contents and other laboratory tests are presented on the logs. It is recommended that the logs not to be used for estimating quantities due to highly interpretive results. SPEARS ENGINEERING & TECHNICAL SERVICES Report # 00001 -037a Page 4 of 1 4 S INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS.ENGI N EERI N G. COM/ DESCRIPTION OF FOUNDATION MATERIALS: The surface of the proposed construction site is covered with 6 to 12 inches of topsoil that should be removed prior to the start of any construction due to the high compressibility of these soils. Light brown gravelly silty sand to sandy gravel with silt was encountered beneath the existing topsoil and extended to about 3 to 4 feet. Beneath this we encountered a very dense glacial till that extended to depths beyond the scope of this investigation. Lines of demarcation represent the approximate boundary between the soil types, but the transition may be gradual. It is to be noted that, whereas the test borings were placed and sampled by an experienced technician, it is sometimes difficult to record changes in stratification within narrow limits. In the absence of foreign substances, it is also difficult to distinguish between discolored soils and clean soil fills. It is recommended that the logs not to be used for estimating quantities due to highly interpretive results. FOUNdATION DISCUSSION ANd RECOMMENdATIONS GENERAL NOTES: Various foundation types have been considered for the support of the proposed building structure. Two requirements must be fulfilled in the design of foundations. First, the load must be less than the ultimate bearing capacity of the foundation soils to maintain stability; and secondly, the differential settlement must not exceed an amount that will produce adverse behavior of the superstructure. The allowable settlement is usually exceeded before bearing capacity considerations become important; thus, the allowable bearing pressure is normally controlled by settlement considerations. Considering the subsurface conditions and the proposed construction, it is recommended that the structures be founded upon conventional spread and continuous wall footing foundations. Settlements should not exceed tolerable limits if the following design and construction recommendations are observed. FOUNDATION DESIGN RECOMMENDATIONS: On the basis of the data obtained from the site and the test results from the various laboratory tests performed. we recommend that the following guidelines be used for the net allowable soils bearing capacity. > All drainage must be directed away from the slope to the east of the property. The upper layer of soils (top 2 -5 feet) above the dense till drain fairly rapidly, however the dense till below does not, and during periods of heavy rains a perched groundwater condition can be expected. > Any roof drains and catch basins should be tight -lined into the proposed storm sewer system for the project. The upper soils are rapid draining enough that there will probably not be any need for footing drains, however this may need to be changed once the site grading is underway and more of the native soils are exposed near the footing grades. If footing drains are used then they will also need to be tight -lined into the proposed storm drainage system. > Continuous wall footings should be a minimum of two feet in width and the slabs for the proposed buildings should be suitably reinforced and connected to the footings so as to limit the effects of differential settlement and to provide some degree of uniform settlement ability for the building during a major seismic event. > Excavation of the site and compliance with the recommendations made herein will be monitored by a representative of our firm. Footing Depth 18 inches The footings should be proportioned to meet the stated bearing capacity and/or the Uniform Building Code 1997 minimum requirements. Total settlement should be limited to 1 inch total with differential settlement of% inch. Any excessively loose or soft P.O. Box 1007 AUBURN, WASHINGTON 98071 -1007 ASTM D 1557 Subgradc Compaction Firm & Unyielding PHONE: (253) 833 -7967 FAX: (253) 735.2867 Net Allowable Soils Bearing Capacity 2,500 lbs/ft SPEARS ENGINEERING & TECHNICAL. SERVICES Report # 00001 -037a Page 5 of 14 ron .b�YS ntt ' ..r.r,e!s, eM i?(7tr1— YL ✓,1041!a SEP INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS- ENGINEERING.COM/ spots or areas that do not meet the compaction requirements that are encountered in the footing subgrade will require over - excavation and backfilling with at least 2 feet of structural fill. In order to minimize the effects of any slight differential movement that may occur due to variations in the characters of the supporting soils and any variations in seasonal moisture contents, it is recommended that all continuous footings be suitably reinforced to make them as rigid as possible. SLOPE STABILITY MODELING & ANALYSIS: Slopes may fail by a number of mechanisms, depending on the nature of the soil involved and the arrangement of natural earth materials at the site in question. slope failures occur because forces tending to cause instability exceed those tending to resist it. Generally, the driving forces are represented by a component of soil weight down slope, and the resisting forces are represented by the soil strength acting in the opposite direction. The factor of safety (FS) of the slope is expressed as the ratio of the resisting forces or "moments" to the driving forces or "moments ". When the FS is 1 or less, the slope must fail. when the FS exceeds 1, the slope is theoretically stable. When estimating the FS for the slopes encountered, we considered the following types of information: 1) The soil and water profiles. 2) The kinematics of the potential slope failure. 3) The strength and weight of the soil. 4) The proposed slope geometry. 5) Static and seismic (dynamic) loading conditions. The site was modeled using Geo- Slope's Slope/W program (version 4) and we have included the dynamic (seismic) loading of the model later in this report. The native soils were modeled using 120 lbs. /ft unit weight with a phi angle of 34° and no cohesion. A ground acceleration of 0.20g's was used in both the vertical and horizontal direction for the dynamic loading conditions. We have calculated various "worst case" scenarios and have found that the site shows no indications of any deep seated instability of the slope under either static or dynamic loading conditions. There are indications however that the existing slope to the east of the property may have some slight shallow surface slides under dynamic loading conditions. We would expect over time that there may be small surface failures on this area of the slope as it drops down to Interstate 5. SLOPE RECOMMENDATIONS: We recommend that the proposed structures be built using a minimum setback of 35 feet from the top of the slope at the east property line. The on -site drainage (roof drains & catch basins for pavement areas) should be collected and directed into the proposed storm drainage system. Any drain fields should be setback a minimum of 100 feet from the top of the slope at the east property line. The important item for maintaining the slope stability on the site is to minimize or completely eliminate any drainage that would saturate the slope to the east of the property. The terracing that is on the project site should be maintained and it may be necessary to reinforce the terracing with rockeries or segmental block retaining walls. EARTHWORK: Excessively organic top soils generally undergo high volume changes when subjected to loads. This is detrimental to the behavior of pavements, floor slabs, structural fills and foundations placed upon them. It is recommended that excessively organic top soils be stripped from these areas to depths of 6 -12 inches and wasted or stockpiled for later use. Exact depths of stripping should be adjusted in the field to assure that the entire root zone is removed. It is recommended that the final exposed subgrade be inspected by a representative of the soils engineer. This inspection should verify that all organic material has been removed. Any soft spots or deflecting areas should be removed to sound bearing and replaced with structural fill. Once the existing soils are excavated to the design grade, proper control of the subgrade conditions (i.e., moisture content) and the placement & compaction of new fill (if required) should be maintained by a representative of the soils engineer. The recommendations for structural fill presented within this report, can be utilized to minimize the volume changes and differential settlements that are detrimental to the behavior of footings, and floor slabs. Enough density tests should be taken to monitor proper P.O. Box 1007 AUBURN, WASHINGTON 98071 -1007 CONSTRUCTION CONSidERATiONS PHONE: (253) 833 -7967 FAX: (253) 735 -2867 SPEARS ENGINEERING & TECHNICAL SERVICES Report # 00001 -037a Page 6 of 14 t? : r z.,, fgtV z w r en; S E' 5 Eis INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS &. BRIDGES HTTP : / /WWW.SPEARS- ENGINEERING.COM/ compaction. For structural fill beneath building structures one in -place density test per lift for every 1,000 square feet is recommended. In parking and driveway areas this can be increased to two tests per lift for every 1,000 square feet. Excavation equipment may disturb the bearing soils and loose pockets can occur at the bearing level that were not disclosed by the soils borings. For this reason, it is recommended that the bottoms of the excavations be compacted in -place by vibratory compactors. The upper 12 inches should be recompacted to achieve an in -place density of not less than 95% of the maximum dry density as determined by ASTM D -1557. STRUCTURAL FILL: Structural fill should consist of a 3 inch minus select, clean, granular soil with no more than 10% fines (- #200). The fill should be placed in lifts not to exceed 12 inches in thickness. Each layer of structural fill should be compacted to a minimum density of 95 % of the maximum dry density as determined by ASTM designation D -1557. For structural fill below footings, the area of the compacted backfill must extend outside the perimeter of the foundation for a distance at least equal to the thickness of the fill between the bottom of the foundation and the underlying soils. If it is elected to utilize a compacted backfill for the support of foundations, the subgrade preparation and the placing of the backfill should be monitored continuously by a qualified geotechnical engineer or his representative so that the work is performed according to these recommendations. Suitable fill materials include APWA Class A pit run, WSDOT Gravel Borrow, Backfill for Walls, Base Course, or Top Course materials. Other fill materials may be used provided that sieve analysis data from the source is provided for review and approval prior to placement. The use of on site soils as structural fill is recommended provided that placement and compaction of these soils is feasible (during the wetter winter months this may not be achievable). These materials require very high moisture contents for compaction and require a long time to dry out if natural moisture contents are too high. This makes moisture content, lift thickness, and compactive effort difficult to control. EXCAVATIONS: Shallow excavations required for construction of foundations that do not exceed four feet in depth may be constructed with side slopes approaching vertical. Below this depth it is recommended that slopes not exceed one vertical to one horizontal. For deep excavations, the soils present cannot be expected to remain in position. These materials can be expected to fail, and collapse into any excavation. This is especially true when working at depths near the water table. Proper care must be taken to protect personnel and equipment. Care must be taken so that all excavations made for the foundations are properly bacldilled with suitable material compacted according to the procedures outlined in this report. Before the backfill is placed, all water and loose debris should be removed from these excavations. This information is provided for planning purposes. It is our opinion that maintaining safe working conditions is the responsibility of the contractor. Jobsite conditions such as soil moisture content, weather condition, earth movements and equipment type and operation can all affect slope stability. All excavations should be sloped or braced as required by applicable local, state and federal requirements. LATERAL EARTH PRESSURES: Lateral earth pressures are dependent upon the backfill materials and their configuration and moisture content. Three inch minus sand and gravel mixtures that are free draining are recommended for backfilling walls greater than four feet tall. There are below grade retaining walls or walls designed for retaining earthen fills on this project. The following values may be used for this site. Active, K At Rest, K Passive, K P.O. Box 1007 AUBURN, WASHINGTON 98071 -1007 Earth Pressure Coefficients 0.283 0.441 3.537 SPEARS ENGINEERING & TECHNICAL SERVICES Earth Pressure Active: 34 lbs. /ft At Rest: 53 lbs. /ft Passive:. 424 lbs. /ft Coefficient of Friction: 0.40 PHONE: (253) 833 -7967 FAx: (253) 735 -2867 Report # 00001 -037a Page 7 0114 S E' 5 INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W. SPEARS -ENGI N EERI NG.COM/ FLOOR SLAB -ON- GRADE: Before the placing of concrete floors or pavements on the site, or before any floor supporting fill is placed, the organic, loose or obviously compressive materials must be removed. The subgrade should then be proof rolled to confirm that the subgrade contains no soft or deflecting areas. Areas of excessive yielding should be excavated and backfilled with structural fill. Any additional fill used to increase the elevation of the floor slab should meet the requirement for structural fill. Structural fill should be placed in layers of not more than 12 inches in thickness, at moisture contents at or above optimum, and compacted to a minimum density of 95% of the maximum dry density as determined by ASTM designation D -1557. A granular mat should be provided beneath the floor slabs. This should be a minimum of four inches in thickness and properly compacted to a firm and unyielding condition. The mat should consist of sand or a sand and gravel mixture with non - plastic fines. The material should all pass a 3 /4 inch sieve and should contain less than 10% passing the #200 sieve. Because perched groundwater can be expected to be at shallow depths during the winter months a moisture vapor barrier should be placed beneath all floor slabs. Any below grade exterior walls, such as basement walls should be suitably treated for moisture infiltration. GROUNDWATER CONTROL: Groundwater was not encountered at the time the field exploration was conducted. Groundwater is not expected to cause any difficulties during construction of this project. It is recommended that runoff caused by wet weather be directed away from all open excavations. The on site silty soils can be expected to become soft and pump if subjected to excessive traffic after becoming wet during periods of bad weather. This can be avoided by constructing temporary or permanent driveway sections should wet weather be forecast. GEOSEISMIC SETTING: This project site is located within a "Zone 3 Area" as per the 1997 edition of the Uniform Building Code. All building structures on this project should be designed as per the U.B.C. Requirement for such a seismic classification. Additionally the on -site soils should be classified as type SD per the 1997 U.B.C. Table 16 -J. These types of soils have a shear wave velocity in the range of 600 to 1,200 ft/sec and an undrained shear strength of 1,000 -2,000 psf with blow counts in the range of 15 -50 blows per foot. The following may be used for the seismic coefficients. P.O. Box 1007 AUBURN, WASHINGTON 98071 -1007 Seismic Coefficient Z =0.3 C 0.36 C,, 0.54 SUMMARY When the plans and specifications are complete, or if significant changes are made in the character or location of the proposed structures, a consultation should be arranged to review them regarding the prevailing soil conditions. Then, it may be necessary to submit supplementary recommendations. It is recommended that the services of a qualified soils engineering firm be engaged to test and evaluate the soils in the footing excavations before placing concrete to determine that the soils meet the compaction requirements. Monitoring and testing should also be performed to verify that suitable materials are used for structural fills and that they are properly placed and compacted. LIQUEFACTION POTENTIAL: In our review we found no evidence of liquefaction of the soils in the immediate area from the 1949 and 1965 earthquakes. The project site is located within the category III region of the Des Moines quadrangle liquefaction susceptibility map (GM -41) which has a low susceptibility rating for liquefaction, therefore, based upon this and the information we obtained during our on -site investigation we consider the site as having a low to no susceptibility to liquefaction. PHONE: (253) 833 -7967 FAX: (253) 735 - 2867 SPEARS ENGINEERING & TECHNICAL SERVICES Report # 00001 -037a Page 8 of 14 .aw�g,L°C,+ .Of�FY7,b!r�1nC*Yr „i�'I SOIL PROPERTY SYMBOLS N: Qu: Q V: M: LL: PI: D: WT: INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS- ENGINEERI N G.COM/ Standard "N" penetration: Blows per foot of a 140 pound hammer falling 30 inches on a 2 inch O.D. split - spoon. Unconfined compressive strength, tons /ft Penetrometer value, unconfined compressive strength, lbs/ft Vane value, ultimate shearing strength, lbs /ft Water content, % Liquid limit, % Plasticity index, % Natural dry density, lbs/ft Apparent groundwater level at time noted after completion. DRILLING AND SAMPLING SYMBOLS SS: ST: AU: GB: DB: CB: WS: PARTICLE SIZE Split -Spoon - 1 3/8" I.D., 2" O.D., except where noted. Shelby Tube - 3" O.D., except where noted. Auger Sample. Grab Sample. Diamond Bit. Carbide Bit. Washed Sample. RELATIVE DENSITY AND CONSISTENCY CLASSIFICATION Terms (Non- Cohesive Soils) Very Loose Loose Slightly Compact Medium Dense Dense Very Dense Terms (Cohesive Soils) Very Soft Soft Firm (Medium) Stiff Very Stiff Hard Boulders Cobbles Gravel 8 in. + 8 in. -3 in. 3 in. - 5 mm P.O. Box 1007 AUBURN, WASHINGTON 9 807 1 -1 007 GEOTECIINiCAL GENERAL NOTES Coarse Sand Medium Sand Fine Sand Standard Penetration Resistance 0 - 2 2 -4 4 -8 8 -16 16 -26 Over 26 Qu - (tons /ft 0 - 0.25 0.25 - 0.50 0.50 - 1.00 1.00 - 2.00 2.00 - 4.00 4.00+ 5mm -0.6nun 0.6 mm - 0.2 mm 0.2 mm - 0.074 mm PHONE: (253) 833 -7967 FAX: (253) 735 -2867 Silts Clays SPEARS ENGINEERING & TECHNICAL SERVICES 0.074 mm - 0.005 mm 0.005 mm & Smaller Report # 0000! -037a Page 9 of 1 f E0A +: .:: .a lc . i :XF:41 % :Et`r?!w:Srt:%a.(.'iu SET P.O. Box 1007 AUBURN, WASHINGTON 98071 -1007 INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIAUZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS -ENGIN EERING.COM/ SITE PLAN WITh BORINq LOC LOCATIONS PHONE: (253) 833 -7967 FAX: (253) 735 -2867 SPEARS ENGINEERING & TECHNICAL SERVICES ,'r t - .01•03'55"_ 03.06' Report # 00001 -037a Page 10 of 14 ' 5�'-:,,.. f M, uc s. W..;::.,.,.; iJ.''. k:: 5iie�` ;:.:Pr.'�•'Y,f:.•v':yTO�:f - � i7 S @r•; r.s. :`' 1 ,.cam:" ,.. ° �i ° , ` •i4+� Uiu''`.. - "nSSk+'f �...�� xs::3 . :ta'•�a;.s��3A�H.:;c:. bads.: r `iti�d..rsu��k'iat�•:,:�� >.�:u. z w g . JU 00 N 0 J = I— LL W 0 Q V H W Z W O W cl U co 0 H W W 2 H H UL .. Z W U= O ~ z INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS -EN GI N EERI NG.COM/ Project Site P.O. Box 1007 AUBURN, WASHINGTON 98071-1007 SITE LOCATION PHONE: (253) 833 -7967 FAX: (253) 735 -2867 SPEARS ENGINEERING & TECHNICAL SERVICES Report # 00001 -037a Page 11of14 S INSPECTION & TESTING JERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS•ENGINEERING.COM/ P.O. Box 1007 AUBURN, WASHINGTON 9 807 1 -1 007 DYNAMIC StopE STABilhy ANAlysis 300 g 24 220 0 W 200 E998 E998 2.216 2.173 2.125 2.070 2.007 . 1.933 . 1.847 1.744 53rd Ave S 1.628 320 - 260 180 160 140 120 0 Description: Alderwood Arents SoifModel= Mohr - Coulomb Unit Weight 120 - - 50 E998 .940 1.835 • 1.912 1.830 • 1.885 • 1.832 • 1.857 • 1.847 • • • 1.831 1.860 • 1.809 • 1.864 • 1.582. Phi: 34 • 1.795 • 1.802 1.843 • 1.867 .876 1.891 • • 1.920 • 1.970 100 Site • 1.869 • 1.874 1.881 • 1.891 • 1.905 1.928 • 150 1.829 1.964 • • • 1.834 1.975 • 1.843 • 1.985 1.854 1.996 • • 1.866 2.009 • • • 1.867 2.024 .866 o 2.041 • 1.962 2.060 • .979 2.077. 2.000 2.091 • 2.026 2.096 2.059 2.103 • 2.111 2.114 200 250 • 1.880 • 1.728 • 1.441 .886 .717 • 1.394 • 1.892 1.700 1.337 • 1.900 • 1.676 • 1.262 • 1.906 1.650 1.376 • 1.913 • 1.621 • 1.339 .1 • .921 1.567 • 1.298 1.931 1.478 • 1.259 1.934 1.506 1.228 1.937 1.456 1.225 • • 1.943 • • 1.399 • 1.227 1.948 1.334 • 1.221 • • 1.944 • 1.269 • 1.321 300 Distance 1 350 • 1.313 • 1.238 • 1.224 • 1.284 • 1.236 .221 • 1.256 .234 • 1.218 . 1.232 • 1.222 . 248 . 1 .228 1.261 • 1.223 • 1.245 • 1.225 • 1.259 41 1.222 1.243 1.221 1.257 1.216 1.240 1.216 1.253 • 1.266 • 1.236 • 1.260 .1.249 1.266 1.232 1.259 1.243 1.265 1.226 1.257 1.234 • 1.263 1.219 1.254 1.218 • 1.260 • 1.299 • 1.250 • 1.381 400 1.222 1.222 • 1.219 1.215 1.231 1.214 1.276 • •1.275 450 500 • 1.278 1.278 • 1.277 • • 1.275 1.275 • 1.289 • E995 • E995 • E995 • E995 • E995 • Description: Wally Chin Short Plat Comments: 16628 53rd Avenue S. Analysis Method: Morgenstem -Price Direction of Slip Movement: Left to Right Slip Surface Option: Grid and Radius P.W.P. Option: Piezometric Lines / Ru Seismic Coefficient Horizontal and Vertical 550 600 The slope analysis above includes ground acceleration of 0.20g's in both the horizontal and vertical directions for seismic considerations. The graph above show the slice sections for the point with a factor of safety which is 1.248 indicating that the section is stable under severe seismic conditions. Analysis was performed using Geo- Slope's Slope/W program (version 4). The analysis process examines slope stability using the method of slices procedure for determining slope stability (safety factor must be greater than 1.0). We reviewed the slope stability using the Ordinary, Bishop, Janbu, and Morgenstern-Price methods for slope stability. The minimum factor of safety in the analysis was 1.214. The upper soils represent the Aldenvood Arents (yellow) are modeled using a unit weight of 120, no cohesion and a phi angle of 34° (conservative for the on -site soils). Deeper down we modeled denser soils (green) a little more accurately using a unit weight of 130, no cohesion and a phi angle of 36 °. Although indications are that the water table is deep in this area, we included a piezometric line (blue Line) at about 50 feet beneath the site to model saturated conditions for the deep soils. Inspection of the face of the slope below the property down to I -5 indicated no seeps on the face of the slope above I -5. PHONE: (253) 833 -7967 FAx: (253) 735 -2867 SPEARS ENGINEERING & TECHNICAL SERVICES Report # 00001 -037a Page 12 of 14 t� °x�x 1 INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS -ENGIN EERI NG.COM/ Depth Field (Ft) Desaiption 1.0 ; Silty Sand w Gravel { 3.0 .� 4.0 5.0 6.0 2.0 Topsoil Dare Till end Boring Date: 9/23/2000 Boring Log #: 1 Boring Type: Hand Aug Change in Soils %M 6.7% Q, LL PL PI 4 : 1.5 : Non- Plastic } 9.1% ; 2.5 Non- Plastic File #: 00001 -037 aerie Gilbert Chin Depth Frilled: 6 fed %-W 94% r - 1 ti } ' 92% %-#4 % -#200 71% : 11% f } 58% ; 13% ; AU, dark brown, dry, :homogenous, very dense Cormrents AU, some organics, dry } light Brown, medium dense P.O. Box 1007 AUBURN, WASHINGTON 9 8071 - 1007 BoRiNg Log #1 BoRiNq Log #2 SPEARS ENGINEERING & TECHNICAL SERVICES th (a) Field Description 1.0 Topsoil 2.0 i Silty Sand w Gravel { 3.0 { 4.0 5.0 1 Dense Till 6.0 aid Boring Date: 9/23/2000 Boring Lag #: 2 Boring Type: Hand Auger Change in Soils %M Qr IL PL 1 PI , %- %-#4 r -••• -, r -, r i 4 'r Non-Plastic 98% 88% ' I. i i } 4 1 - J r J l J 1 L J e J L 8.9% 2.0 Non-Plastic 95% 67% J . : J S 'r 7.8% { 1.5 File #: 00001 -037 Client: Gilbert Chin Depth Drilled: 6 feet % -#200 Comments 14% ; AU, some organics, dry } light Brawn, medium dense J 15% ;AU, dark brown, dry, ;homagarous, very daise PHONE: (253) 833-7967 FAX: (253) 735 -2867 Report # 00001 -037a Page 13 of 14 3L4irs , sera Af i�;;'re l;, h`'x '�i- ,4 1,:: 4: iCi5 • INSPECTION & TESTING StKVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIAUZING IN ROADS & BRIDGES I-ITTP: //W W W.SPEARS•ENGINEERING.COM/ A: This photo was taken looking south along the west property line of the site. In this photo you can see the sloped terrace and rockery on the west side of the property. C: This photo was taken looking west from the east side about 50 feet west of cast property line. Here you can sec the terracing in the back yard area. P.O. Box 1007 AUBURN, WASHINGTON 98071 -1007 SITE PIi OTOS PHONE: (253) 833 -7967 FAX: (253) 735 -2867 B: This photo was taken looking east along the proposed road/driveway path. The top of the rockery seen in the previous photo can be seen directly behind the existing sidewalk. SPEARS ENGINEERING & TECHNICAL SERVICES D: This photo was taken of boring #1 in the southeast corner of the property. Report # 00001 -037a Page 14 of 14 +. ..- � Z..�,ELIS:. "wµ'- �';47'.4 July 6, 2001 z a I , 1-w CL 2 6 00 CO 0 LU U.1 L? - 05 = w This letter presents the results of our geotechnical peer review for the proposed water infiltration z I- system for the Wally Chin Short Plat located at 16628 — 53 Avenue South in Tukwila, w O Washington. Our scope of work included a review of documents provided by the City and ? o preparation of this letter. We also relied on knowledge of the site and proposed project that we 0 co obtained through our performance earlier this year of a geotechnical peer review for proposed 01— work at this site. Mr. Jim Morrow, Public Works Director, authorized the work on June 26, = v 2001, with City of Tukwila Purchase Order No. 11422. u~. o .z co The site is located on the east side of 53 Avenue South. The proposed project involves dividing Cu the property into five lots and constructing four new single - family residences. An existing 17- H single - family residence will remain. The houses will be accessed from a driveway off 53rd z Avenue. From the east property line, the ground surface slopes down to Interstate 5 (I -5). A storm water infiltration field is planned to be installed approximately 20 feet west of the east property line. Mr. Dave McPherson, Associate Engineer City of Tukwila Public Works Department 6300 Southcenter Boulevard Tukwila, WA 98188 -2544 RE: GEOTECHNICAL PEER REVIEW, PROPOSED WATER INFILTRATION SYSTEM, WALLY CHIN SHORT PLAT, 16628 - 53 AVENUE S., TUKWILA, WASHINGTON, L2000 -074 (SHORT PLAT), E2000 -028 (SEPA) Dear Mr. McPherson: NON 6WILSON, INC. DOCUMENTS REVIEW We reviewed the following documents provided by the City: ► Undated, "In -situ Percolation Tests, 16628 53 Avenue S., Tukwila, WA." by Spears Engineering and Technical Services (Spears). Addressed to Mr. Gilbert Chin. We were unable to make out the photographs that are included in our faxed copy of this document. ► Undated, "On Site Infiltration of Storm Drainage System" by Spears. Addressed to Mr. Gilbert Chin. (This document is a supplement to the October 18, 2000, geotechnical report.) SEAT ILE RICHLANO FAIRBANKS ANCHORAGE DEIIVER SAINT LOUIE BOS 1011 21 -1 -09321 -001 Mr. Dave McPherson, Associate Engineer City of Tukwila Public Works Department July 6, 2001. Page 2 Earlier this year we performed a geotechnical peer review for proposed construction on this site. The proposed infiltration system was not included in that review. Please refer to our March 9, 2001, letter to the City. To perform our earlier work we visited the site and reviewed the following related documents, which were provided by the City: ► October 18, 2000, "Geotechnical Report, 16628 53 Avenue S., Tukwila, WA" by Spears Engineering and Technical Services. ► A portion of the Storm Drainage Plan Sheet (undated). Our review comments are presented below: ► As stated in the supplemental geotechnical report, supplemental infiltration tests should be performed after the site is cleared. These tests should be performed at the approximate location of the proposed infiltration system and in accordance with the King County Surface Water Design Manual. These test results should be used to locate and size the infiltration system, if evaluation of the test results indicate that an infiltration system for storm water at this site is still appropriate. ► The infiltration field should be set back as far from the top of the slope as practical. ► In our opinion, the evaluation and recommendations provided by Spears in their supplemental geotechnical report are reasonable for the infiltration system, slope geometry, soil and groundwater conditions, and seismic parameters that they assumed. ► Based on our observations at the site and review of documents provided to us by the City, it is our opinion that should instability occur on this slope, it would likely occur as a shallow colluvium failure, i.e., failure of a relatively thin layer (2 to 6 feet thick) of near - surface soil. The geotechnical report for the project does not discuss the potential for shallow colluvium sliding. ► In the supplemental geotechnical report, the near - surface soils on the slope are assigned the same strength properties as the less weathered parent soil. In our opinion, the near - surface soils on the slope should be expected to weather and lose strength over time. Water that infiltrates the slope from the infiltration system, rainfall, snowmelt, and runoff water would contribute to this weathering process. The shear strength properties of the near - surface soil on the slope would decrease relative to the more deeply buried, less 21 -1- 09321 - 001- L2.DOC/W P /EET CONCLUSIONS AND RECOMMENDATIONS 21 -1 -09321 -001 Mr. Dave McPherson, Associate Engineer City of Tukwila Public Works Department July 6, 2001 Page 3 weathered parent soil, and could be expected to have values similar to those of the near - surface soils at the top of the slope. ► Based on simplified slope stability analyses that we performed, it is our opinion that the colluvium on the slope may be marginally stable under static conditions when the ground is saturated. Our analyses assumed an infinite slope, saturated ground, downslope seepage parallel to the ground surface, and the soil properties provided in the geotechnical report for the near - surface soils at the top of the slope (friction angle, (0, = 34 degrees, cohesion, c, = 0, soil unit weight, y, = 120 pounds per cubic foot). ► It is not clear to us that the slope stability analyses presented in the supplemental geotechnical report are based on information derived from a site survey. Based on our observations, the top of the slope at the east property boundary and above Interstate -5 may be steeper than the condition presented in the supplemental geotechnical report. We recommend that the geotechnical report for the proposed infiltration system address the stability of the near - surface colluvium soils on the slope using likely long -term soil properties, potential groundwater conditions, and representative slope geometry. In our opinion, this slope stability assessment should be reevaluated prior to site clearing and additional infiltration testing. We appreciate the opportunity to be of service. If you have any questions about this letter, please contact us. Sincerely, SHANNON & WILSON, INC. Steven R. McMullen, P.E. Principal Engineer SRM:SRB /srb 21 -1- 09321 - 001- L2.DOC /W Y /EET 4T I EXPIRES 11119! o ... vy . jam L 1 t i iW I !ll i W,LA PUBLIC WORKS r1Lt st;`tii t+tl'2 ±n,SL:;17c3u "" . — : ur44*•a t?+ -• lr; SON, INC. 21 -1- 09321 -001 . March 9, 2001 Mr. Dave McPherson, Associate Engineer City of Tukwila Public Works Department 6300 Southcenter Boulevard Tukwila, Washington 98188 -2544 RE: GEOTECHNICAL PEER REVIEW, 16628 — 53 AVENUE SOUTH SHORT PLAT, TUKWILA, WASHINGTON Dear Mr. McPherson: NON bWILSON, INC. . ; . : 1 1. t • • Al t, : .'�'•' -.n :e rJ 'set This letter presents the results of our geotechnical peer review for the Wally Chin Short Plat located at 16628 — 53 Avenue South in Tukwila, Washington. Our scope of work included a review of documents provided by the City, a site visit, and preparation of this letter. Mr. Jim Morrow, Public Works Director, authorized the work on February 22, 2001, with City of Tukwila Purchase Order No. 39856. The site is located on the east side of 53 Avenue South. The proposed project involves dividing the property into five lots and constructing four new single - family residences. An existing single - family residence will remain. The houses will be accessed from a driveway off 53 Avenue. From the east property line, the ground surface slopes down to Interstate 5 (I -5). A storm water detention vault is planned in the southeast corner of the site. DOCUMENT REVIEW We reviewed the following documents provided by the City: • October 18, 2000, "Geotechnical Report, 16628 53 Avenue S., Tukwila, WA." by Spears Engineering and Technical Services (Spears). ► A portion of the Storm Drainage Plan Sheet (undated) SEATTLE RICHLANO FAIRBANKS ANCHORAGE DENVER SAINT LOUIS BOSTON P °31.i WORKS 21 -1- 09321 -001 '; :5�t�wi: _t�'.:•.`ca:W ;; fir ;:yrt..i.: -kou^' ll "v:eiw,h.._a�.�v;,:v �ari�Ae4l.'.;->.r:'ni. 'ii.;m. ;t:'- T�7;'�r6"MitiicUl� VAL:J; •:`1,1$41 "'ice" 'e "roe y ✓bdx' Mr. Dave McPherson, Associate Engineer City of Tukwila March 9, 2001 Page 2 SITE VISIT Representatives of Shannon & Wilson visited the site on February 28, 2001. Much of the eastern portion of the property is covered with dense blackberries. We observed no evidence of landsliding or landslide deposits on the property or on the upper part of the I -5 slope immediately adjacent to the east property line. The site appears to be well drained. We observed no evidence of groundwater seepage, erosion, ponded water, or wet areas on the property. A shallow swale runs down the center of the property in the approximate location of the proposed driveway. The swale appeared to be dry during our site visit. Our review comments are presented below: 21 -1- 09321 -001 -L l . DOG W P /EET CONCLUSIONS AND RECOMMENDATIONS . it ''t ".. I. ► The subsurface exploration program consisted of two hand borings. In our opinion, a minimum of four explorations should have been performed, one on each building site. The lack of subsurface information throughout much of the site makes it imperative, in our opinion, that a qualified geo- professional be on site during construction to evaluate footing subgrade conditions. Construction monitoring recommendations are provided in the Spears report. Provided these recommendations are closely followed, we do not believe it is necessary to perform additional explorations at this time. ► The report indicates that Atterberg Limit tests were performed; however no tests results are presented. All soil test results performed for this project should be included in the geotechnical report. • The report recommends that roof drains and catch basins be tightlined into the existing storm sewer system. There is no existing system on the site. The Storm Drainage Plan shows the proposed system. We understand that water from roof drains and catch basins will drain into a new detention vault, then flow through an above - ground pipe down the I -5 slope to the I -5 drainage system. ► Footing and foundation drains are not mentioned in the report. It is our opinion that footing and foundation drains should be installed around all exterior footings and tightlined into the new storm drainage system. 21 -1- 09321 -001 fWlbiZ'.. , wb W.'ESa'f 4 . M . .cNdi �. YJ z'..J ;1640k11. -4.-. .4 :sG Mr. Dave McPherson, Associate Engineer City of Tukwila March 9, 2001 . Page 3 ► The coefficient of friction between the soil and footing concrete to be used in the design of the structures is not specified. Minimum acceptable footing dimensions are not specified. This information should be added to the geotechnical report. ► The subsurface profile used in the slope stability analysis shows what we presume to be a piezometric surface about 50 feet below the ground surface and a soil contact about 80 feet below the ground surface. The assumptions, observations, or other information used for modeling the subsurface conditions below the depth of the borings should be presented in the geotechnical report. ► The report states that "care must be taken so that all excavations made for the foundations are properly backfilled with suitable material..." and "three inch minus sand and gravel mixtures that are free - draining are recommended for backfilling walls greater than four feet tall." Specifications for material that is "suitable" and "free- draining" should be provided. ► Basement walls are typically restrained at the top, i.e., they are not allowed to move laterally. Therefore, at -rest earth pressures are used for design. Design at -rest earth pressures should be provided in the report. ► In our opinion, a vapor barrier should be placed between floor slabs and the underlying granular mat, and below -grade portions of exterior walls should be damp - proofed. We recommend that these requirements be added to the report. We recommend that the information presented in the preceding sections be added to the geotechnical report and that it be resubmitted to the City for review. Other recommendations contained in the Spears report are, in our opinion, adequate and appropriate for the site conditions. We appreciate the opportunity to be of service. If you have any questions about this letter, please let us know. Sincerely, SHANNON & WILSON, INC. Steven R. McMullen, P.E. Principal Engineer SRM:SRB:DNC /srm 21-1-09321-001 -L 1 .DOC/WP/EET . ,� nom- f . [EXPIRES 1 I/ 10;' a 2, rr: .33;23 ,..0A.;:t 3/9/0/ 21 -1- 09321 -001 S GILBERT CHIN 4989 19 Ave S Seattle, WA 98108 ATTN: MR. Gi(bERT ChiN Gentlemen; INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS-ENGINEERINO.COM RE: IN-SITU PERCOIATiON TESTS Pnojecr. 1 6804 5 3" AVE S, TukwilA, WA As per your request we have performed the percolation testing for the above referenced project. The tests were performed in accordance with the applicable City of Tukwila, Public Works standard for a falling head percolation test. The depth of the percolation test was 3 feet beneath the existing surface. The results obtained were as follows: Test #1 lime Distance Percolation Rate seconds inches minAn 730 665 735 cc; Baima & Holmberg, Inc. P.O. Box 1007 AUBURN, WASHINGTON 98071 -1007 3.00 3.00 3.00 4.0556 3.6944 4.0833 Average: 3.94 min /in 0.25 in/min Average of Two: Test #2 lime Distance Percolation Rate seconds inches minAn 555 705 675 J. Frank Spears, P.E. Principal PHONE: (253) 833 -7967 FAx: (253) 735 -2867 3.00 3.00 3.00 3.76 min/in 0.27 in/min 3.0833 3.9167 3.7500 Average: 3.58 min/in 0.28 in/min The soaking of the soils prior to performing the percolation tests was performed and the native soils drained such that a prolonged soaking period (4 hours) was used prior to performing the tests. The native soils were saturated prior to running the tests, but they drained fairly rapid and standing water was infiltrated into the existing soils. The percolation rates shown above are considered accurate for the site. Respectfully Submitted, SPEARS ENGINEERING & TECHNI j. SPEARS ENGINEERING 8a TECHNICAL SERVICES If you have any questions concerning the above items, the procedures used, or if SETS can be of any further assistance please call on us at (253) 833 -7967. f— Report # 01001 -037 Page 1 of 3 iv wua=:aa: �: S� PERCOLATION TEST LOCATIONS INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP : //W W W.SPEARS-ENGINEERI NG.COM �IIIIPI� NO0'48'3eVe Rie2 -10' •i -•� 4 r p AilP 32 1 X 1 P.O. Box 1007 AUBURN, WASHINGTON 98071-1007 PHONE: (253) 833 -7967 FAX: (253) 735 -2867 SPEARS ENGINEERING & TECHNICAL • SERVICES Report # 01001 -037 Page 2 of 3 S INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W. SPEARS - ENGINEERING.COM A: Percolation tests #1, soaking prior to performing the percolation tests. C: Test #1 was near the center of this photo. P.O. Box 1007 AUBURN, WASHINGTON 98 07 1 -1 007 SITE PHOTOS PHONE: (253) 833 -7967 FAX: (253) 735 -2867 N � Ma , 3' Ar, 7u+; x�tM- Vrx-: tll.: �rn• vw a.... t+.;.<. ww. sr .._y; i..� ^a-- r� e- �•;,:rM; SPEARS ENGINEERING & TECHNICAL SERVICES D: Test #2 was near the existing fence in the distance behind the house in this photo. B: Test location for percolation test #2 during soaking. Report # 01001 -037 Page 3 of 3 GILBERT CHIN 4989 19 Ave S Seattle, WA 98108 ATTN: MR. GiLbERT CI1 N Gentlemen; INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS.ENGIN EERING.COM RE: ON SITE INfiLTRATION Of STORM DRAINAgE SYSTEM PRojEcT: 1 6 6 2 8 5 3" AVE S, Tukwila, WA SPEARS ENGINEERING& TECHNICAL SERVICES As per your request we have reviewed the percolation testing for the above referenced project in conjunction with the soils investigation and slope stability report previously prepared by our firm. As a part of this follow -up we returned to site and proceeded to perform an additional hand boring in the southeast corner of the property, and further inspected the slope to the east of the property. Additionally, percolation tests have been performed on the site since the original soils investigation that indicates the site has a fairly good percolation rate. In our original soils investigation we recommended that all storm drainage and any drain fields be setback at 100 feet from the top of the slope at the east property line. This setback was provided because of our concern that there could be either sheet flow problems that could cause erosion or a shallow perched groundwater condition during the wetter winter months that would tend to saturate the native soils. Upon further investigation, it is our opinion that any perched groundwater flow is finding natural paths of drainage prior to exiting onto the face of the steeper portion of the slope above I -5 east of the subject property. The percolation tests that were performed in accordance with the applicable City of Tukwila, Public Works standard for a falling head percolation test indicated an average infiltration rate of 2.0 minutes per inch. This would tend to indicate good soils for infiltration (not too fast or slow). Generally upon further inspection of the exposed soils on the face of the slope 30 to 40 feet below the property, we continue see the same silty gravelly sands to silty sandy gravels typical of the Alderwood series. The soils are dense to very dense. There is very thick heavy undergrowth (mostly blackberries) and a fair amount of stable tree growth on the slope east of the property. We have fine -tuned the model that we used to analyze the slope stability (see attached page) to better reflect in -situ soil conditions. We included perched groundwater flow and an infiltration point for the storm drainage system. The infiltration point for the storm water drainage was modeled by bringing the piezometric line to the surface at that point. The analysis indicates that even with a perched groundwater flow and infiltration of the storm water drainage both the site and the adjacent slope to the east are stable under severe seismic activity. Therefore, it is our opinion that infiltration can be used for the storm drainage on the site, provided that the reconunendations made herein are followed. ➢ Once the site construction has begun and the site is cleared of the heavy growth of bushes and blackberries on the east half of the lot, we will inspect the subgrade soils and performed additional percolation tests in accordance with applicable EPA standards for falling head percolation tests at 6 -8 feet beneath the surface. These tests would be deeper than the percolation test procedures outlined by the City of Tukwila. We feel this is necessary to determine the ability of the soils to infiltrate the storm drainage at a depth of more than 3 feet. ➢ The infiltration system for the storm water drainage must be set back a minimum of 20 feet west of the east property line (fence line). P.O. Box 1007 AUBURN, WASHINGTON 98 071 -1 007 PHONE: (253) 833 -7967 FAX: (253) 735 -2867 Report #01001-041 Page 1 of 3 cc: Baima & Holmberg, Inc. INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS -ENGI N EERI NG.COM The infiltration system for the storm water drainage should be designed to be at a depth of more than four feet beneath the existing/finished grade. Once the site is cleared and additional percolation tests (as previously outlined) are performed the exact depth of the infiltration system can be determined at that time. ➢ The need for footing drains will also be determined at that time, however the preliminary indications are that the native soils drain rapidly enough that footing drains will most likely not be needed. If you have any questions concerning the above items, the procedures used, or if SETS can be of any further assistance please call on us at (253) 833 -7967. P.O. Box 1007 AUBURN, WASHINGTON 98071-1007 Respectfully Submitted, SPEARS ENGINEERING & TECHNICAL SERVICES J. Frank Spears, P.E. Principal PHONE: (253) 833 -7967 FM: (253) 735.2867 SPEARS ENGINEERING & TECHNICAL SERVICES Report # 01001 -041 Page 2 of 3 INSPECTION & TESTING SERVICES GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING CONSTRUCTION /PROJECT MANAGEMENT SPECIALIZING IN ROADS & BRIDGES HTTP: //W W W.SPEARS -ENGIN EERING.COM P.O. Box 1007 AUBURN, WASHINGTON 98 07 1 -1 007 • DYNAMIC SLOPE STABILITY MODEL PHONE: (253) 833 -7967 FAx: (253) 735 -2867 SPEARS ENGINEERING & TECHNICAL SERVICES g 24 - 1.624 53rd Ave S.1402 320 - .1.589 300 - 260 260 01 Z20 - a1 200 - 180 - 160 - 140 - 120 0 9595 - 1.492 1.377 1278 1.126 . 1.274 9595 1.461 1.381 1.299 1.133 9595 1.427 1.321 1.140 9595 1.387 1.123 1.343 1.146 9595 1.342 1.123 1.366: 1,154 9595 1.253 1.127 1.390 , 1.160 1.278 1.145 1.194 1.241 1. 285 1.156 1.162 1229 1.294 1.170 - 1.127 1217 1.308 1.188 1.060 1.210 1.324 1213 1.024 1219 9595 . 1.213 1.137 1.415 1.163 1.349 1245 1.035 1.250 9595 1237 1.153 1.435 1.164 1.387 1287 1.041 0.985 6995 1233 1.177 1.443 1.162 1.393 1.316 1.037 1.251 1.642 1235 1200 1.453 1.159 1.346 1.317 0.996 1262 1253 1.229 1.464 1.159 1.269 1274 0r971 . 1.271 . 1.311 .1267 1.476 . 1.164 1.208 . 1217 ... 1283 1.297 1.401 1.335 1.491 1.181 . 1.264 1.137 1.315 1.328 Des orption: Alderwoon Series Sol Model: Mater- Coulorrb Unit Weight 130 Cohesion: 100 FM 38 I I 50 100 Site hrrltration Paint 150 200 250 300 Distance 1.138 1.225 1.052 Desorption: Alderwood Arents Soil Model: Mohr Coulonb Unt Weight: 120 Cohesion: 0 Mt 34 I I 350 400 1248 1238 1230 1226 1.231 1.326 . 1 . 305 1212 1.193 1.192 1.206 1.192 _1.199 1203 1.196 1206 1205 1203 . 1213 1212 - 1211 . 1221 1.224 1215 . 1219 1230 - 1223 1223 1.227 _1.242 1231 1233 1235 , 1257 1248 1244 1243 1276 1264 1255 '1253 1.301 1280 1268 1.265 1.330 0.985 1284 . 1278 1.351 Description: Wally Chin Short Plat Comments: 16628 53rd Avenue S. Analysis Method: Morgenstern -Price Direction d Slip Moement: Left to Right Slip Surface Option: Grid and Radius P.W.P. Option: Plezometric Lines/ Ru Seismic Coefficient Horizontal and Vertical 450 500 1297 , 1.378 IS I i 550 600 The slope analysis above includes ground acceleration of 0.30g's (increased from 0.20g's in our previous analysis) in both the horizontal and vertical directions for seismic considerations. The graph above show the slice sections for the point with a factor of safety of 0.971 indicating that the section is unstable under severe seismic conditions. However the section is so small that it is barely perceptible. The slope analysis included over 2700 different sections and only 3 have a factor of safety of less than 1.0 (all three are very minor sections and barely perceptible). The rest of the sections indicate a stable slope under severe seismic conditions. Analysis was performed using Geo- Slope's Slope/W program (version 4). The analysis process examines slope stability using the method of slices procedure for determining slope stability (safety factor must be greater than 1.0). We reviewed the slope stability using the Ordinary, Bishop, Janbu, and Morgenstern-Price methods for slope stability. The minimum factor of safety in the analysis was 1.214. The upper soils represent the Alderwood Arents (yellow) are modeled using a unit weight of 120 lbs/ft no cohesion and a phi angle of 34° (conservative for the on -site soils). Deeper down we modeled denser Alderwood series soils (green) using a unit weight of 130, 100 lbs/ft cohesion and a phi angle of 36 °. Although indications are that the water table is deep in this area, we included a piezometric line (blue Line) which is applied to the upper layer of soils (Alderwood Arents) to model a perched groundwater flow as well as the proposed infiltration point for the site. Report # 0 100 1-04 1 Page 3 of 3 • STATE OF WASHINGTON ss COUNTY OF KiNG The undersigned being duly sworn and upon oath states as follows: I . i am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property. located at 16g ? E b Sr 14t.r.c S . for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion, cancel the application without retund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. EXECUTED at nQ2.Ct t. (city), WA (state), on �� POmt,Gt2C_ / , 20 d 3 6 lL)G lly C t./ (Print Name) /Lc / 53r�( , '4 - ,, p /.��� ' ( A . 4)4 Wig l 24 ) Xr-‘5 ( Pliene Number) BONNIE BABCOCK CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail: tukplan6 ci,tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ignature) On this day personally appeared before me k'l c/ / ie121, 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. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS / sr DAY OF / , C' -� rrr !o t� , 20 Z3 3 NOTARY PUBLIC NOTARY PU iC in r the State o Washington STATE OF WASHINGTON . residing at Q 4 COMMISSION EXPIRES l�ty Commission expires on / ~C)S SEPTEMBER 22, 2005 •:,?. lu£ vtt;. 1,•.: ia�.: �s:° ya_'. 1 i, iud . °'rv_,4p'.,:kp;r:p�eihifik:;:; 4it; %a:io7ri�S; Sehi MiWr71 ' ,. 1 "eia3 .ce¢taa tii:45datcs n.;anV.iamEniti°ww FOR STAFF USE ONLY Sierra Type: P -SS Planner: File Number: L- 5 ` - 1 tyi 0 Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: 1t t 6,1L ctct.d.79;4 APPLICATION NAME PROJECT /DEVELOPMENT: Wally Chin Short Plat 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. 16628 53rd Ave S, Tax Lots 885880 -0050 & 0055 Quarter: NW Section: 26 Township: 23 Range: (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 with the City to whom all notices and reports will be sent. Name: Baima & Holmberg, Inc. /Tom Redding Address: 100 Front St. South Phone: 425 - 392 -0250 FAX: 425 - 391 -3055 Signature: Y - CIF) Ivy( 4 CITY OF TUKWILA 0(c ED � SHORT Department of Community Development 0 C� ��„ ?0 03 6300 Southcenter Boulevard, Tukwila, WA 981 8 y PLAT Telephone: (206) 431 -3670 FAX (206) 431 -3665 FNT E - mail: tukplan (P -SS) Date: Z(Z /0 * 5 OF _ ekif+. 1 .y.7 4..'oiiftviarAl..ggi‘"k kY41 o • , rt1�p(ad.h , •.. ..- `iC�Al.'$'i14�i'$7 File: L03 -0070 35mm Drawing #1 -2 :. ;:�::;:k: v nre. wasp: n:. sia;: Y• �,1::a:�s�.i.�re.:si- 4cutr.:�.: • z 6 JU .0 0. WQ U) w; W J H, 'U) LL. W 0. W d • W Z �? F- O Z H: 0 co � Q W W: O z. Cri Off" z 20050628900002 SHORT PLAT NO. I 03 TUKWILA; WASHINGTON • OVER'S. DECLAIIAMON. • • KNOW ALL MDI SY MEM .P11130IT MAT' VC AM. TIE UNDERSICNID.. . OWIER(S) WI FEE SIMPLE W TIC UM ICRONDITSCIVIED DO HEREBY • TIM ASHORT SUMMISON THEREOF PURSUANT RCS 51317.040 AND ACKNOWLEDGE THAT SAD WOOTHOON' M.I. RI NOT BEFLORTER 06100.. RI ANY RARER WTI* A MOO' Of FINE 'MAR:4.RM DOE Cr: MORO. VATICUT RUNG Of A EWA PLAT. . 1C UNDERSIGNED FURTHER • MURES THAT TITS *TORT PLAT TO St MC GRIMM RI7RESDITATC41 Of SAD MOA• SUSEIMS01. AND THE SMIE IS WADE Int THE PI • '..CONSENT AND M ACCORDANCE WIT4 THE DOME OF THE OVINER(S). • •• : • . , . - . . • , . . Parejatir STATEOF 1 / Zof . . .. .. .1.0/ . • • I I T : NUNTY CERsy cir l ' or t iqi NAME sgssrAckwr tmocict THAT ild.v.4) . • MED WAS DELICATION. MID OM. OATH SOSE11 imsz 04E/SHES WAS.. AUMORRED TO EYE ME INJTRUlfgeD ACKNZLEDGED IT AS THE TO • BE vesl soira4,4 FR ; • QUINT : Dipoiri N :S 4 UCH 2160, PATITY 7: :::USES: I I t tle f p iiien.r. - malmum or . -: NOTMY .T 3 • NOTARY PUSLIC• I '. ' i . •I . .: you firr;/ZziliWUk.1 ' 4 2.4 • In Am" 1,1 ‘ 447 . " I° . . • • . • : • • STATE If 1 comity or • • • j 1VY 711/.7 I • slaw as HAW sosmo.ciorei vsoMoct num . • •. • • ..• • . • . AWNED 1418 DEDICATION MD ON OATH STAIED•TIAT (HE/314L),IVAS AUMOTMED lo-ExEcuTume SISTRUMDIT MD 40-04091.: IT AS THE •---r-SSCSIWAI--. or • MOTEOACIAEs. sic • TO IIE• TIC ME AND VJUNTARY CF. SUCH PARTY MR.THE USES MO' . PURPOSES, MENTIONED IN TIC .1115TRUMENT. • • • - • • •-• •, • • MY :APPOINTUDIT. OPIRES WOMB CON 20050628900002 RECORDING N O. •' ' , . • HOS • DAY Of ST IL MID S. RECORDS Of• UNTY ASSESSOR .r:CORDS AND ELECTIONS CITY OF TUKWILA APPROVALS DEPARTMENT OF ASSESSMENTS OCAMINED AND.APPROV03 2 2-. 4 ' 4 00 c4 LIMf. 20 " 1"1° 141"CMD 1.11‘ 84(DAY ••i■Itite; • " • .• CIAAIR OF 114E.SNOST SUTIONISKIN COMMTTEE. - • 7°R Iv 6.84,10. LEGAL DESCRITICN • • LOTS AND 4..SLOCK 2, VALLEY HES HOMES. .1 • . • . • • VOUJIC 66 W PM( is.. memos or am • maims VIM THAT'POTTION OF THE RCHT Cf WAY • ,OF 54Th MENUE 50. VACATED ACCORDING TO. • ORDINMCE NUMBER 1234 DATED NOVEMBER 3. 1981. ' CCTV W lusvas..vmscm ARCM LOTS'S AND' * .. BLOCK 2 Cf VALLEY MEW ACME* • • . SNORT PLAT LEGAL at:SariONS umrs•s. AND.4. macs t VALLEY HEW NOSES. ACCORDINO TO,THE PLAT ACME RECORDED W • • '• AOUJME 56 OF PLATS. PAGE 111. RECORDS CO' CCUNTY. WASHINGTOR • . . • TOGETHER VATH THAT PORTEMOF TIE RIGHT OF WAY OF 54Th AVDTUE SO' VACATED ACCORDING TO ORDINANCE mums 1236 DATED NOAMOSER 3. UM. ". • .•0TY TUKWILA. WITCH .ABUTS LOTS IMO 4 IN • • ME ' HO . „ • • • . SEGINNING AT THE SOLMMEST CORNER Of SAO LOT • • 4 MID PROCXEDING ALONG NE SOUTH.UNETHERECF . • suros•E 63.73 ft: THENCE P1113161 TT.54 FL: • ' • :DIME WINOS53W'6173 TT. TO DC EASTERLY. - MARGIN'OF LORD-MENUE 303 THENCE &ONO SO • : ' • EASTERLY MARGIN St13 77.64 FE TO. TIC, TRUE Poor Of BEGINNING.. • • . • • • • LOTS'S NO 4. BLOCK 2. VALLEY ■IEVi HONES. ACCORDING M THE PLATT/1E11E0F RECORDED•IN VOLUME 56-0P PLATS. PAM W. REMCMOS 01•04 • • " sown; samosas:ft • • • TOGETICR.VOI.THAT.PORTIOWAV TIE 16434 WARN OF 54TH MOUE SO. VACATED ACCORDING TO' . ' CROMANCE NIMBER • 1234 DATED SOMMER 3. 1961. COY Of TUC. WICK ABUTS.U113 3 MD 4 W • BLOCK 2 OF -VALL.EY VIEW HONES 'DOMED AS FOLLOW*. •' MOWN° AT MIT NORTHWEST *Ski Of SRO LOT ' ' 3 MD ITITOCIEWIG ALONG VC NORTH UNE THEREOF . sara•a• s .111.44 FT.: THENCE SCO31471 5E36 FT. • THDICE NWE0513 111.44 PV. TO THE EASTERLY MARTIN OF. 53110 AVENUE SO4 THENCE ALONG MO • EASTERLY MARCH N111.311rE UM F7. TO THE TRUE . PCINT.OF KONNING. . '• • THAT PORTON Of LOTS 3 MD 111.00C 2. VAULT HEW HOMES. ACCORDING TO THE PLAT THERM RECCAOED VOLUME 56 W PLATS. PAGE W. RECORDS W KING COUNTY. WASNINGTOM TOGETHER WM NAT PORTION OF THE DICNT W WAY Of 54Th AVENUE SO. VACATED • ACCCODWO TO OROsNANCE *NM 1234 DATED NOVEIWIER 3.. 1911. OTY Of TUKWILA, 16404 ABUTS LOTS 3 AND 4 IN OLOOL 2 Of VALLEY WOO HOMES. DOOMED 'AS FOU.010 ••• : COMMENCING AT THE Narsises7. coma SAJD LOT 3 NO PROCEEDINO ALONG 'THE NORTH UNE' TOW SS130353 111.44 FE TONE TRUE PCMT or BEGINAMO THOCE CCNTWUING ALONG SAID • 14ORTN UNE 3101553E. 111.44 FT. TO THE EASTERLY ' MARTIN OF VACATED 54IN MENUESO.: THENCE ALONG SAD EASTERLY RAMAN S11633 5E36 . FT4THENCE MIT05153V•111.34 FT4 mace • svoSsal sax rr.. To THE TRUS !O Of ' SE0111010.. . • . • • • . • • , . LAND SURVEYOR'S 'CERTIFICATE' •t s "coaellto - REGISTERD A LAM SUTATOR BY 'RC STATE Cf WASHINGTON.. CERTIFY THAT MS SWAT PLAT.IS BASED'ON AN ACTUAL ., SNAKY OF THE LAW DESCRWED CONDUCTED BY IR OR UNDER MY. • SUPERWSOMINAT THE PUMICES. COURSES MO MOLES ME SHON4 TICRECN ' =EM MD MAT MONUMENTS OTHER VAN THOSE MONUMENTS APPROVED FOR•SETTING AT A LATER DATE. HAW BEEN SET MO- LOT CORNERS:STAKED ON.THE GROUND AS DEPICTED ON •THE SHORT PLAT.. • • • •. , • • • • ITIFITirriTiFf[TrriTi ito ir 1:1 11 I.1 ppm iim 11 1.1 I 61 • ■ftkNr Inch 1/16 . . LOT 0; L015 7 4. z 'lours" mem ..ACCORDINO.TO.ThE PLAT THEREOF RECORDED IN • . VOLUME 56 CC PLATS. PAGE SU ROOMS OF KING "OSLINTY. WASHINGTON: • -. :TOGET14ER MATH THAT PORTION Of THE RIGHT OF WAY -- OF 54114. AVENUE SO. VACATED ACCORDING 10 ORDINANCE NUM 1234 DATED NOVEMBER 4.1961. OTT OF TUKWILA. VoNICII ABUTS LOTS 3 MID 4 IN • MOM*? OF: VALLEY UEw NOMEL. • • • THATIPORTION Of • 4 • BLOCK WALEY•WEW HOMES, . • -G 70 THE PLAT THEREOF RECOIRDED .1E511 OF PLAT* PAGE 111. RECORDS W KM. . TOGETHER VATIC THAT PORTION Of TIC $T OF WAY • OF 54TH AVOIM•SO. VACATED ACCORDING 10 • . ORDINANCE NUMBER 1234 DATED NOVEMIER 3. 19111. CITY OF TUKWILA. 1114101 ABUTS LOTS 3 NO 4 IN • • BLOCK 2 OF VALLEY ACV/ HOMES. . DESCRIBED AS FOU.0111: • ' • • • • • ; COMITENCING AT THE SOUTHWEST CORMR Cr SAD ' • LOT. 4 MO PROCEEDING ALCNO. 714E SOUTH Lea . • • • 'THEREOF 555110 83.73 FT. 10 THE TRUE POW Of 5EGINNINGC THENCE CONTINUO° ALONG SAID. • SOUTH UNE SMISIWrE:1311.94 FT 1/NEE N111312FE 0.66 FT.; MICE N53•411.12V 13E19 fl t • mom NITIF0313,/ 27.71 Ft; THENCE Srorsrw . nes FT.. TO THE.TRUE'POWIT OF BEGIMOIG. ••• NOTES 1. THE osomasacm. REPORT PREPARED EY MARS INGINURING TECHNICAL SOPACES ENTITLED • GEOTECHNICAL asaor 16626 63R0 AVE. S. DATED 10/16/2000 MD SIGNED SY ,LE'RAWC SPEARS P.E. MO ALL'SUBSEOUDIT GEOTECIONICAL REPORTS. MAU. 00VERN CONSTRUCTION ON 11411 PROJECT AS ▪ FILLY SET FORTH HERON. 2. A COPY OF NE REPORT SHALL BE AVALMILE CR DURING CONSTRUCTOR • AMORY. - J. A MOTEOINICAL OCONITER SHALL SE WOWED TO ASSURE COIIPUANCE • WM AFORE DESCRIBED • ZOTECHNICAL REPORT' • ts LBO Itt r omm IRMI i • . . , ACCOUNT M 605140-0050 N40 'ISSIS0-0068 • • • • - . • ' ' 7H!'-• !t : • .. • ,. 111 7 ,0,40, 1111111.1.1111.l.t .11i.111.1.111. i1.1111,11111.(1711.111.11111.Alli111 il I i (1 I I 111::1111.1111.111011.11_1111111,111111111.t_ • • • RECORDING NO. SCALE: SCR • 'PORTION O. . TRACT •g • • ACCESS. AND : FOR- LOTS S. C. D AND E • ' . LEGAL OESCRPTION • • • - MAT PORTON OF LOT 3, BLOOC VALLEY VIEW HOMES. ACCORDING TO THE PLAT 114E/IEOF. • • . : RECORDED It VOWME 311*OF PLATS. PAGE B? RECORDS Of KING COUNTY. WASIMOTON. DESCRIED AS FOLLOW* • • • • . 11131.1NING AT TIC SOUTTIEST CORNER OF SAID LOT • 31 THENCE NORTH m035! EAST &ONO TIC EAST MARGIN OF 53PD AVENUE SOUTH' WSW FUT: THENCE SOUTH 11611313 EAST 111•44 FEET: THENCE SOWN 011316 NEST 20.00 FEET 10 TFC • SCUM UNE W 3ND LOT 4 /NOCE NORTH SOUTH UNE OF LOT 3 • 111.44 FEET TO THE SOUTHWEST CORNER THW ERE • AND POINT OF BEGINIINO.. . • • . '' COMMENCING AT THE SOUTHWEST C0111411 SAID . : • UYI 4 AND •PROCEEDING 'ALCM THE SOUT14 IRE . • - THEREOF' SIMOM4CE.222.17 FL TO. THE. CASTE= . " LIMON OF. VACATED 54114 MOVE SO4 TICCE ALONG SAID EASTERLY MARGIN NITTIC331 OAS FT. TO ' . THE TRUE POWT• OF BEGIRMO. THENCE CONTINUING • - ALCM SJO EASTERLY MARGIN. 01116131:10.911. -. FT4THENCE paross3lv111.31 F74• THENCE SITSSCVL MCA FL THENCE ssracon.t.sait n. • . ' TO TIC TRUE POINT. OF. 100.040.• .. . . . . . . . .. . . . . le WATER . EASOADIT • ' • LEGAL DESCRIPTION . ON . . , . • 'MAT PORTON Cif LOT 3. BLOCK 2. VALLEY NEW' HOMES.. ACCOICINO TO THE PLATT 42ItEW • • . . KOWTOW WI 'MUNE swap PLATS.- ME at.. • moos OF KONG COUNTY. WASINGTON. ECSCRISED . • SEGINISNO AT THE SOUTHWEST CORla Cf SAID LOT • • • 3 THENCE NORTH 01•0315 EAST ALONG TIE EAST MARON Cf 530 MCCUE SOWN MOE FEET TO TO :TRUE POINT OF BETWINING OF HEREM DESCRIBED • THENCE ' CONTINIMG Nam missal EAST lax - FEET THENCE SCUTh mass! Ems 10E44 FEET: THENCE NORM 01•0316" EAST 3.00 FEET HENCE SCUM snow EAST 13.00 FEET: • THENCE SOUTH 011316* VIEST 20.00 FEET: : THENCE MORN ' . 11C06 WEST 121.44. FEET TO THEME POINT Cf . • BEGINNING. . • . • PRIVATE. DRAINAGE EASEMENT LEGAL DESCRIPTION THAT PORTION or LOT 3. mot 2. YALLET MEM HOMES. ACM:MOTO TO 114E PLAT THEREOF • RECORDED 4 VOLUME 56 Cr PLATV:PACE SI. RECORDS OF KING COUNTY, NASIitiOTOIk • • THENCE 0141iNUINO SOWN arrorsi EAST 711.81. FEE t .1SENIX NORM 01'0613 EAST 47.92 FEET; TWICE SOUTH man? EAST 16.00 FEET THENCE SOUTH: 011613* IEST 6E12 FEET /NOCE NORTH 1161513 VEST 93.613 FEET: THEJCE NORTH 011311r. EAST 10.20 FEET TO THE "TUE PONT Cr • MONTAG- • ' SHORT PLAT FOR. TRITEC HOMES DWN. 'BY MM • 30 . ET. • PRIVATE ACCESS AND MUTT EASENDAT 'FOR • . LOT C LEGAL. DESCRIPTION • • . THAT PORTION CIF: LOT 3.• BLOCK •Z WALLY AWN Haws: • ACCORDING TO. THE PIJ1T THEREOF RECORDED W VOWME • • . . OF PLATS. PAGE Bt. RECORDS Cf KING COUNTY. WASPINGTOK.CESCRIED'AS 'OUCH* • • EGINNIC AT 'ME SOUTHWEST CORNER Of SAID LOT 3 ' THEM NORM orosres• EAST NANO THE EAST MARMOT Of 531112 AVENUE SOWN 20.00 FEET: WOCE SOUTH 11,0513• EAST 111.44 TO THE TRUE POINT or scassms2 THENCE CONTINUING SOU1H.11615131MT 20.00 FEET; THEW SOUTH 01131A' TEST 20.00 FEET TO 114E SOUTH UM Of SAO LOT 3 THENCE NORM mew 'EST • ALONG THE SOUTH UNE Of LOT 3 20 FEET THENCE NORTH 011316IAST 2000 . FEET TO THE TRUE PONT OF • • • • •• TOGETHER 11114 114AT PORTION OF THE RIGHT OF : • • WAY OF 54T4 AVENUE SOWN VACATED ACCORDWG . TO ORDINANCE NURSER 1230 DATEDiNOVEMSER 1961. .CITY OF TUKWILA. 'INCH ABUTS LOTS 3 NC 4 N. SLACK 2.*VAUEY 1 44EVI HOMES. maws AS FOLLOW& • • BE00414110 AT THE SOUTHVIEST COBWEB CF SAID LOT . 3; THENCE NORTH 01'03'56 EAST ALONG TIC EAST • MARGIN OF 53RD AVENUE SOUTH 2000 FEET; THENCE.SOUTI tworar EAST 111.44 FEET. TO THE TRUE POINT OF KONNINO OF NEMEC DESCRIBED PRIVATE DRAINAGE EASEMENT: . 04<itam_ VOL/PAGE SO SAID 'EASEMENT AMA TO RAMMED. WAR A140 RESULT BY THE mass OF PARCELS /IMMO ACCESS MD SERVICE THEREFROM. PURUC. WIER EMT LEGAL DESCRIPTION . 'Swigs:Snow OF ye mar or WAY OF SOK MEW son+. VACATED ACCOROMG TO ORDNANCE NURSER 1236. DATED NOVEACER'S. 1151. CITY OF TUKWILA.. MOT ABUTS LOTS 3 AND 4,114 BLOW Z VALET MMES. - ACCORDING TO:TNE PLAT THIERECf RECORDED IN•VOUJNE* WI OF PLATS. PAGE M.:RECORDS Of KING COUNTY. WASHINGTOPE OESCIRIED 'AS FOLLOW* BEGINNING AT 14E INTERSECTION OF 71m EASTERLY. OCIENSION•CF•THE•NORTH UNE• °PSI& LAT S. SLOW t WM DC EAST WAGON: OF SAID VACAND.54714 AVENUE SOUTH. SAD POINT .ENO ALSO LOCATED ON THE TEST • UNITED- ACES). UNE Cr W3001 SE-4 I. A 20-FOOT IME PAVED ACCESS ROAD VAIN AN ALL • WEATICR SURFACE BUILT TO PUSUC WORKS MID ME DEPARTMENT STMOAROS MUST SE FRONDED TO ANY NEW STRUCTURES A FIRE TURNMOUND U. SE REQUIRED IF THE ACCESS ROAD EMEEDS 150 FEET iN LEMMA 'MS CONDITION MUST BE MET PRIOR TO TIC OW ISSUING ANY WILDING PERMITS FOR TIC LOTS INCLUDED WI THIS SNORT PLAT. RESTRICTIONS I. SUBJECT TO ELECIRCAL EASEMENT AS CONSTRUCTED UNDER RECORDING NUMBER 20041014000527. • 2. SUBJECT TO SENSITLVE AREA NOTICE IF ANY. UNDER RECORDING NURSER • 200502100001463. :74'..7e:To'7411[1 Balms & .Holmberg Inc. ENGINEERS A SURVEYORS 100 MO STROH SOUTH WBACM.M. WASHINGTON NOV (425) eae - 0250 DATE 7-1-03 . JOE NO. 2333-001 DWG NO. 2333-001 SHEET 1 OF 2 CHKO. BY • SCALE PCCEMICIIMWIWIRosessvcaess.w-ousvnitearoci rutt Neu.r.s-mavg NTS $10 • • • THENCE NORM 6111513• VAEST ALONG THE EXTENDED Notrro.uw-or LOT 3 313 FEE1 THENCESOUTH 14.52.2r MST 79.49 FEET; THENCE SOUTH '0113613' %WV 70.53 FEET TO THE WITERSECTION VIM ME • rawstr moan/ OF THE SCUM UM OF LOT 4. BLOCK 2. OF. SAID FIAT; HENCE SOUTH 111115•49• EAST ALONO SAS EXTENDED SOWN UNE 10.00 FIZET THENCE . NORM 0111113! EAST 77.44 FEET THENCE NORM 1412 EAST UM FEET TO THE EAST MANTIC OF VACA1ED:54TH MINUE SOLMt THENCE NORTH mew , EAST 21.06 FEET TO THE.TRUE POINT OF KONNING. • TOGETHER VON A SLR EASOIENT OMR THE NORTH 10 FEET. OF THE EAST.? FEET CF LOT S. BLOOM ALSO ?smite *rim A seas EASEMENT OR THE NORM 10 FEET CAr VACATED 54Th AVENUE SOUTH LYNG SOUTHERLY OF MID PARALLEL 111114 1 EASTERLY EXTENSOR' Of 114E NORM UNE OF SAID LOT 3 01.0012. • NOTE • r '1'III 1 I I l '.11I' U111.11uIiiiiI11111.0 LIILIIIIIILL1111 .SHORT 'PLAT . NO.: L03070 .' TUKWILA, WASHINGTON WARN/NG1 1NE CITY OrThICIVILA NAS NO • 11ESPONS1uJ Y TO MILD. IIWRDNE • MMTAN OR OTERwE MTNCC ITE• PIVATE moms OONTMND • WWI PNONgN0.1173ACE TO,TNE PROPERTY DOMED' IN . 1111 SNORT' RAT. INMt•INa • SAID TRACT. A TO N YAMITAMIED. REPANIED'AND/OR • . • RESULT:IY TIE OMIERS OF L.ot PARCELS. NA%VIO'T1E LEGAL ACCESS OR KAMCE . THEREFROM AND 1NEIR IESt; ASTMS OR• • NO MRIOPT. MCIMMK' DOWN SPOUTS. SMALL. TIE $FLTRA1ED INTO THE g10Ulb .. THOUGH TOY .ICU S' OR POMORAIED INFILTRATOR WES. TRENCHES EXCEPT AS DEEMED N APPRGIEO DIOMNERNG W IS A P • TRACT PRIVATE ACCESS TRACT : FOR MIORESS. EQRESS AND UTILITIES FOR 11E 1DNFIT or TIE mots 'Or. LOTS B,' • C. D MOE ONHERSIMCF LOTS .11.C.D,' AND E 11111111 THIS PLAT INCLUDES AN • EQUAL AND MINDED OTTERS/4f INTOEST .. M TRACT W. AND AN EQUAL AIO LN OMI ED IESPOM»rl1fY FOR THE WNIENANCE'.OF SAD .TRACT.. TRACT. A IS AL30 S1N,ECT•TO UTIITY RlOH1S. FOR THE • MISFIT Of:LOT.A OF NS SHORT PLAT. MAX EESOL MSMI011! THAT. PORTION Cf LOT .3. PAM' 2' V MEW HOLES. ACCORDION TO THE FLAT THEREOF RIMMED N . mow N OF . PLATS. PAN M. MOMS OF .0141 COU NAOwo101I : . AND .THAT PORTION Cr THE IN 4T OF. WAY OF 34TH AVENUE S0. VACATED ACCORDING 10 ORDNMME NUMBER 127E DATED NO%EIR 19111; CITY CF 1LMLMM I`: : 1MMDH.MUIS LOTS 3 NO'4 w MACK 2 • OF VALLEY MEW TOLES DESCROED'AS FOLLOW@ •11E00111110 AT TIE SOUTWEST Comm SAD LOT 3: MINCE NORTH worse • • EAST ALONG THE EAST MMON OF MCI AM'�ILE 1101/111. 20.00 FEET.. • THENCE SOUTH N00'33' EAST 111.44 FEET.; THDICE SOUTH 0r03 &OD FEET . TO TIE.IRUE.POMT OF UEOWNMD OF ' NOIEIN.oUSCIMMEO PRIVATE SEWER .. • . f- EASEIKIIT:' N 1141DICE• SN9SILVE S2 00 FEET: .. 11ENCE•SOYOY>30'w•10.00 FEET;'. THENCE NNOvzrw & OO MET' TN'NL7:•N011L1'AVE 10.00 FEET TO THE ;/ 1NX PONT: OF MEDMMDIG. •TOGEINER . MITH.INAT• PORTION • LAT 4. .FLOCK 2. VALLEY MUMMIES. ACCORDION TO THE PLAT.THEIEOF MOM N • NOLLRE 3S OF PLATS. PAWS M. REL'APOS • OF I IG CONT UY. WA$IMNGTON " AND THAT PO41110N' OF •THE-NOIIT OF INAY ' • OF.SAM AM'M IE 110.•.VACA1m. ACCORDING . .10 ORDINNICC RUINER 1231 DATED NOYEND7L 3L IN1. CITY Cf TJKWM.A., • THUD$ ABUTS LOT 4 N SLOWS OF. • . .VAU.EY.VEW HOLES DEMITIED AS FOLLOMIFe , • NEOMMrHG.AT'TIE POINT OF•MwiA .c;T1CI1 - Of THE CAST AMMAN OF SAD VACATED 3471i PAC. NI. - .NTH TIE EASTERLY EXMOOR Or TE SOWN LNE'OF SAD LOT 41 next NNVV1VW 17.00 FEET 70 TIE WEST LINE a 11C 10' SAIMTMY EASOENT As RECORDED WHEN REC. NO. . 1rM7i10E NOVOr3rE ALAIIG. SAD our LME .: 11.00 FEET -TO THE TRITE PONT Cf s 1EONMNG OF ram memo PRIVATE SEMOt EASEMDIT; T CO M G NOVORI3E 10.00 FEET; TRICE NIr00'4S W. 24.71 FEET:, THENCE S8341'OQ'E 17.10 FENS TIME SN00'4rE 10.20 FEET 10 THE TRUE PONT OF SEDMMI .• ( PIPE — /ENT 3' ORAMADE' [aw'T'AS &!.54E I • DDAEATED ON FACE CF FLAT • 11216'. (PU • t • . mar - .. 1 E . -` LOT .:B -- -� .6,S03.3*r LOT 3 IB t E S ASr1iDHi :' m' B, C.:D, AND E '.. INSTRUMENTATION LEGEND .. r . S 168TH 'ST ` '(VACATED) PORTION.; Of _ALI of x_1/4, S.__ _ 'T. N... R. M. Balma . & Holmberg Inc. INGIXLWRB ! BURVlYORB 100 IRONY moor Dom DBAQUAIL WASHINGTON Noon (420) ase — :0[0o OWN. BY MAI CHKD. BY oti ti I.vdapnent HR DATE JOB NO. 2333 -001 7 -1 -03 DWG NO. 2333 -001 I 4 : 1 . 1 1 � 1Tir 1 1 1 I 1 1 lnch vie 1 2 EIIt Z 6 III 1.11 I L111 111L! 1111.1.1.1111 LLI1111I 111111.111 *A' fHrr Z . ' . Al 1111I1111I1111 '1111I1111I1111I111111111I SHEET .1' ■30' • . 2 OF PYD C V%0\l37YON%) '4 PtA1\333 1Ei 0 T r•