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Permit L02-005 - CITY OF TUKWILA / VAL VUE SEWER DISTRICT - SHORELINE SUBSTANTIAL DEVELOPMENT
L02 005 DUWAMISH AREA IMPROVEMENTS SHORELINE SUBSTANTIAL DEVELOPMENT SHORELINE MANAGEMENT l Transnation ISSUED BY TRANSNATION TITLE INSURANCE COMPANY A LANDAMERICA COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, . 'Attest: a. ah ? CLTA Guarantee Face Page (Rev 12- 15 -95) TRANSNATION TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Guarantee to become valid when countersigned on Schedule A by an authorized officer or agent of the Company. Secretary ORIGINAL Fwwt:. 1$ lcC. h3; L1'n`f.£if'.r IikfriP.C.UJ' w:w .twlu..u.;.Miw%: run .'r.Y.SU.iP: .:u'vi. . GUARANTEE NUMBER Mlb- OOSb14 GUARANTEE TRANSNATION TITLE INSURANCE COMPANY By: . a . a.- President Prepared for: PENHALLEGON ASSOCIATES 750 6 STREET S KIRKLAND, WA 98033 ATTN: 2/1 FRED WILLIAMSON Order Number: Seller: Buyer / Borrower: Your Reference No.: Loan Number: Transnation A LINDAMERICA COMPANY TRANSNATION TITLE INSURANCE COMPANY 14450 NE 29 PLACE SUITE 200 BELLEVUE, WASHINGTON 98007 -9926 SECOND Order Summary 2265037 Thank you for placing this order with Transnation Title Insurance. If you need assistance on this file, please contact: Randy L. Rieman (425) 646 -8580 rrieman @landam.com Robert L. Iverson (425) 646 -8581 biverson @landam.com Margaret Campbell (425) 646 -0540 margaretcampbell @landam.com 1- 800 - 441 -7701 Fax: (425) 646 -0545 z t 6 5: 0 O` J F W O; g a, to a = C7: in z I— w I- U tA. O 1-i W u1: • H - Z ; 11 U .O • Z RE: Order No.: 2265037 Transnation LIMITED LIABILITY GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. TRANSNATION TITLE INSURANCE COMPANY a corporation herein called the Company, GUARANTEES The Assured named in Schedule A against actual monetary Toss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. DATED: June 27, 2001 at 8 :00 A.M. Transnation Title Insurance Company By Authorized Signature Limited Liability Guarantee TQ9003WA (5/99) A I.ANDA111K COMPANY SECOND Page 1 of 6 File /O1..4r No.: 2265037 Liability: $40,000.00 Charge: $ Tax: $ Total: $ vca1:: Sa`Ts c sn< 111v':r4a.i; h3ii.'wSctiB "•i. SCHEDULE A - Continued File /Oraer No.: 2265037 1. Name of Assured: PENHALLEGON ASSOCIATES SCHEDULE A 2. Date of Guarantee: June 27, 2001 at 8:00 A.M. , w The assurances referred to on the face page hereof are: 0 00 That according to those public records which, under the recording laws, impart constructive notice of matters w ul affecting title to the following described land: J z H As fully set forth on Exhibit "A" attached hereto and by this reference made a part thereof. N u- ujO A. Title to the estate or interest in the land described above is vested in HERBERT A. LARSON, AS HIS 2 SEPARATE ESTATE, AS TO PARCEL A; AND TIMOTHY E. SENTS, AS HIS SEPARATE ESTATE, AS g 5 TO PARCEL B; AND DION WILHELM, AS HIS SEPARATE ESTATE, AS TO PARCEL C pursuant to u- deeds recorded under Recording Nos. 3843077, 8504160948 and 20000925001279. 2 a B. The estate or interest in the land described above is: Z = Z 0 C. There are no taxes or assessments, mortgages or deed of trust, real estate contracts, judgment liens, state or federal tax liens, or other monetary encumbrances which purport to affect title to the land, D p other than those shown below as exceptions: 0 N. O— 01— W W 4. A FEE SIMPLE EXCEPTIONS: I0 The following matters are also excluded from the coverage of this guarantee: !— 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the Z issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. All covenants, conditions or restrictions, all easements or other servitudes, and all reservations appearing in the public records or indicated on a recorded plat. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupance or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. Limited Liability Guarantee Page 2 of 6 SCHEDULE A - Continued 5. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 734060 - 0080 -04 Year Billed Paid Balance Z . 2001 $2,275.33 $1,137.67 $1,137.66 Total amount due, not including interest and penalty: $1,137.66 6 U U O' Levy Code: 2411 co Assessed Value Land: $70,000.00 w 111 Assessed Value Improvements: $88,000.00 J ~ u- wO 6. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and u statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) = w z � I— O z I— w U 0 . O 92 ; 0 I- W IL' Z ' w U = . O I- z (Covers Parcel A) Tax Account No.: Year Billed 2001 $1,584.29 734060- 0082 -02 Paid $792.15 Total amount due, not including interest and penalty: Levy Code: Assessed Value Land: Assessed Value Improvements: (Covers Parcel B) 2411 $35,000.00 $75,000.00 Tax Account No.: 734060 - 0068 -00 Year Billed Paid 2001 $1,987.35 $993.68 Total amount due, not including interest and penalty: Levy Code: Assessed Value Land: Assessed Value Improvements: (Covers Parcel C) 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Limited Liability Guarantee 2411 $ 37,000.00 $101,000.00 Page 3 of 6 Balance $792.14 $792.14 halance $993.67 $993.67 GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) : ai N. Ngziisr ssli6: f:. tyj.: �y:+: 6U;: w. 7t; itU'.; 4; it+ ii::. eiv�: ws :�u+:�rsES'd'rih"+�YZ'- AVtimixl PURPOSE: INGRESS AND EGRESS AREA AFFECTED: THE WEST 7 FEET OF PARCEL A RECORDING NO.: 3551759 File /Order No.: 2265037 SCHEDULE A - Continued GRANTOR: TRUSTEE: BENEFICIARY: ADDRESS: LOAN NO.: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (Covers Parcel B) Limited Liability Guarantee 9. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF SEATTLE, MUNICIPAL CORPORATION PURPOSE: ELECTRIC OVERHEAD AND UNDERGROUND TRANSMISSION AND DISTRIBUTION LINE FACILITIES AREA AFFECTED: NORTHWESTERLY PORTION OF PARCEL A RECORDING NO.: 7602110516 10. ORDINANCE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: FEBRUARY 21, 1980 RECORDING NO.: 8002210461 REGARDING: LAND USE PLAN AND ZONING REGULATION 11. Right of the State of Washington in and to that portion, if any, of the land herein described which lies below the line of ordinary high water of Duwamish River. 12. Any change in the boundary or legal description of the land described herein, due to a shift or change in the course of Duwamish River. 13. Rights and easements of the public for commerce, navigation, recreation and fisheries. 14. Any restrictions on the use of the land resulting from the rights of the public or riparian owners to use any portion which is now, or has been, covered by water. 15. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: TIMOTHY E. SENTS, A SINGLE PERSON LAWYERS TITLE COMPANY OF WASHINGTON, INC., A CORPORATION TUNIS SENTS AND FERN A. SENTS, HUSBAND AND WIFE 1517 ALDER STREET, CALDWELL, IA 83601 $17,454.92 APRIL 15, 1985 APRIL 16, 1985 8504160949 Page 4 of 6 File/Orur No.: 2265037 Investigation should be made to determine the present balance owed by contacting the appropriate lender /agency /individual. SCHEDULE A - Continued 16. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: BRP /rr GRANTOR: TRUSTEE: BENEFICIARY: ADDRESS: LOAN NO.: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (Covers Parcel C) Investigation should be made to determine the present balance owed by contacting the appropriate lender /agency /individual. 17. It appears that access to the land is via Surveyed Alley (40 Place S.), which may not be part of the city /county road system. The Company does not insure that this is a public road and is open for continuous use. In some cases use may be restricted and or terminated. Investigation should be made to determine the use and restrictions for such road. 18. Unrecorded Easement for road over a Southwesterly portion of Parcel A as disclosed by the King County Assessor's Map. ENCLOSURES: Sketch Vesting deed All recorded encumbrances Limited Liability Guarantee Page,5 of 6 File/Older No.: 2265037 DION WILHELM, A SINGLE PERSON FIDELITY NATIONAL TITLE INSURANCE COMPANY FIRST HORIZON CORPORATION D /B /A FIRST HORIZON HOME LOANS 4000 HORIZON WAY, IRVING, TX 75063 0022826416 $159,123.00 SEPTEMBER 21, 2000 SEPTEMBER 25, 2000 20000925001280 r LEGAL DESCRIPTION: PARCEL A: EXHIBIT "A" ALL THAT PORTION OF THE NORTH 1/2 OF TRACT 4 OF RIVERSIDE INTERURBAN TRACTS, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY, LYING EAST OF A LINE PARALLEL TO AND DISTANT 218.5 FEET EAST OF THE WEST LINE OF SAID TRACT 4; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THAT PORTION OF TRACT 4 OF RIVERSIDE INTERURBAN TRACTS, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 74, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 4; THENCE EAST ALONG THE SOUTH LINE OF SAID TRACT 212 FEET, MORE OR LESS, TO THE WEST LINE OF AN ALLEY SURVEYED THROUGH TRACTS 2 AND 3 OF SAID ADDITION PRODUCED NORTH; THENCE NORTH ALONG THE WEST LINE OF SAID ALLEY PRODUCED NORTH 95 FEET, MORE OR LESS, TO THE EAST AND WEST CENTER LINE OF SAID TRACT 4; THENCE WEST ALONG SAID CENTER LINE 212 FEET, MORE OR LESS TO THE WEST LINE OF SAID TRACT 4; THENCE SOUTH ALONG SAID WEST LINE 95 FEET, MORE OR LESS TO THE POINT OF BEGINNING; EXCEPT THE WEST 114 FEET THEREOF; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE WESTERLY 90 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF TRACT 3 OF RIVERSIDE INTERURBAN TRACTS, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID TRACT 3, 80 FEET SOUTHERLY FROM THE NORTHEAST CORNER THEREOF; THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY OF SAID TRACT 3, 197.53 FEET, MORE OR LESS; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID TRACT 3, A DISTANCE OF 80 FEET; THENCE EASTERLY, PARALLEL WITH THE SOUTH BOUNDARY LINE OF SAID TRACT 3, A DISTANCE OF 195.05 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID TRACT 3; THENCE NORTHERLY ALONG SAID EAST LINE A DISTANCE OF 80 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Z • i Z 6 J U 00 CO UJ W = H W 0 - J u. j. a w Z 1-O Z I- ui U • 'O W W: W Z U cf F-_ 0 Z 2 le. S /45 Bo This sketch is provided, without charge, for your information. It is not intended to show all matters related to the property including, but not limited to, area, dimensions, easements, en- croachments, or location of boundaries. It is not a part of, nor does it modify, the commitment or policy to which it is math- ", The Company assumes NO LIABILIT" for any matter related to this sketch. References should made to an accurate survey for fu rthei 004- awl tislo ocostItetoo a seoploto antlaroatIon or the ad sta firdlobtodioo* sad toratimatos NI dis and t outlast effect awe r • maw it. mom km sot A-4S by litiemr4 S. Ilremap ileinord J11161 Bireari aa a A. 11 iss roe 41; Om Oct /240) " i mi rArigr t gbl i l i r a. " l. - • .7)„19 Oot 4- 303017 waff ?r-41 tio oso $3.6 PrIts Corlooa sad Moil lisatort A. Iinemiefri • aohlad tora fp me ler to op the Ills aro oft la hew ill that pta ot 014% or It 4 livoaalde TatormAriama Stop sea to the plot tame Wyo.% jit t pia pp 74« weeds argot op Was It or a 3a plt digt 1124.5 rt or siow it la or ell* 4 alk MOO rer 'Wow ma woos over and acmes tho IPIr ft or ILI peva ad$ t dlievAl000d pi ea taw CJi and a to. as owe mar UM V r the pees elm d000d Ihlo Id la ;Lima tiarlibaint at that aortal& is *eat Wa1.41111 Urn 4611 INIMMINO red Slim !term sal =war Iftroile Ise tlitirr • ono1 g2W to tie aim winatool 16-46, sari It a galena* so or that lima garbage • PAU (arloaa ra)r 77446 by Frits dor4oga and Wool Cardoso, bur be Cimet I. tiordeat op for on roast a (as Mars 4 30) ill to op 11734 n t10 • Oat 448 31043ara • • •.. Atm 16-48 pa a ors #3•30 lao st liankli A. mazy diode A lallitteCke Sat MOM £. ZISSI g SOW Sones atom and flLstb nit Immo, hoar fp eye sad bare to op the fig r sit la isew II ft of lot its if ft !.1 lot 5; sIX Mk It D. X. zs ma to too C do see to plat ibrat rood in vol or plate iu roods or ad oep Se to ell ease aid rostrl Atm et veva Thin etd in slim la foltrillasat or the* certain oast Imams idio partip.a hrto dtd flan Itlimilt far OW .01111Wallbe • or t am/ &mod pty otdi err or vorroatir hada sesstolnat Oen not apply to sag tlt.1** tat or loomeavanoo *daft an tisra or agar the poroassor lat o& amt. all *WI sot apply to opg tint, oesessiondi or other *barges levied. aramtasso‘ or b000llvag doe oulmatianat to no dt or ad gout Prank 3. Baster Made .L. looker lea Zan 16-48 la Nand., A. Ibtaiker frisky Si ado A. Boat*, and Prc mit • a• : :; LAWYER TITLE COMpary . • evsumi 3 1 1Y+ toN ° 11 1 n` I ` • a 7rnduo. of Enr/krer WNFN RECORDED RETINA TO • of Washington, Inc. STEVWART TITLE C QMP5 Y VE FILED FOR RECORD AT REOST OF Plied - - .._ d for the Burien Escrow Co. 116 S.N. 153rd 4 cSUa im .Seattle, Wa 98166 No. 15705 as attached: .. That portion ^s 'Tact 4 ^C RIVERSIDE TNT::runnA.g T^ ".^"'°. lg occsordinrl to the plat thereof recorded in Volume 10 of L' 1'l.sts, Paw: 74, Records of King County, Washington, described a:; follt;wr.: THE GRANTOR RALPH E. SPANGLER and DONNA .. SPANGLER, a Marital Cotmuni ty As Joint Tenants with right of survivorship iorandinconsidentiono( TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION inr,a4 .,sid•,on.ryssndwsrranlsto T1WTHY . E. SENTS, a single person the following described teal estate, situated in the C tsts on ounty of King • S of Washington: He ;inninn at the Southwest corner of said Tract 4; Tlu. ::t l: East along t.!) : Louth line of said '1'ras:t 212 feet, tree): or lens, to the West lino of an alley surveyed .through Train: 2 and 3 of natd addition produced North; THENCE: North along the West ltne of said alley produced North 95 fort, mnrc or less, to the East and West renter line of said Tract 4; THENCE West along said center line 212 feet, more or lees to tho West line of said Tract 4; THENCE South along said West line 95 feet, more or less, to the point of beginning; EXCEPT the West 114 feat thereof. Situate in the County of King, State of Washington. • at the r e s 7rf iG K AP56 S/ Statutory Warranty Deed 85/04/16 RECD F CPSHSL nits SPAce ppevieeo FOR Rf CONt)EN'S USE: 00948 ' D 4.00 • ** *•4.00 55 • • 8504160948 Subject to easements, restrictions, reservations . „ , Dated • • April 15 . • OF WASHINGTON • • • STATE OF WASHINGTON litr NT rir OF... . • • before ma. the un41.ts • Notary ATIlc In and foe the Stets a Weak- • •••':: :7 On thi prnienalli sivpiarod beton. me • • • •• • ' On this': . day of . 1 pang1er.: Donnaf1),:4Banglap. - Is.du17 t;6rarrasaoned and sworn. perninally appnu•d. ' to lie tisrIndisidtial described In and • ':'...:4.7c• • -.4 t. Withiffita Malaita instrument_ ,""777. • f re* and voluntiry act and deed.• •• $' "....'• T.• • - 85 day n . • .... • . 4 1.- • -s 1 1) 14‘...„,..cf„ 1 1• 2 '+'d th e WS to ini tn th'e • • • farilwaSell and puraneKtherein mentioned.-•:../.:!:•::: the ation that. esecuted the foregoing Instrument. and ackamtedisd.. the s=itrunwnt to be Ow Inv and voluntary act and deed of said nigpor.-• ; • Mica. foe the wee and purposes therein mentioned. and as oath stated that -: • ..••• di - • • • -. LA ••■•■:: • • r • , • ., • • • ....5.7.40 •■,?..„ Z‘t •t r " ."" • " • P .:7•19 •41 . s I ' -t. ' .1 4 • • • ••••' 'I'. • 20000925001279 Return Address DION WILHELM 19545 25TH AVENUE N E #2 SHORELINE, WA 98155 ESCROW NO 06- 603164 Assessor's Tax Parcel Number(s) 734060- 0068 -00 ptc• Trc to 2 'ROM-rb, \rrccvrla rA( . FILED FOR RECORD AT REQUEST OF FIDELITY NATIONAL TITLE CO OF WA, INC BMW: 01279 E1777870 SIM.i 1140,9 .N Statutory Warranty Deed THE GRANTOR LONNY ALLEN GROSS and MICHELLE LYNN GROSS, husband and wife for and in consideration of cn ten dollars and other good and valuable consideration cm in hand paid, conveys and warrants to DION WILHELM, a single person cm " the following described real estate, situated in the County of RING, State of Washington cn cm 0 1 i DATED 22, 2 S2y3 PAO% OOl OF fel STATE OF WASHINGTON COUNTY OF V"ih g On this day personally appeared before me LONNY ALLEN GROSS and MICHELLE LYNN GROSS to me known to be the individual described in and who executed the within and foregoi instrument, and acknowledged that he /she /reigned the same as his /her h.�r)free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand official seal this _day of !' 14 - 114 14. 7D HAINE E THOMPSON NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES NOVEMBER 29, 2001 Notary P lic 1 Washing on residing at to of : ? Z i Z, W 6 0 0. 0 c o W _ , F— � W W g - u.._ c c1 = Z I... I— O. Z I— W U 0 O � O 1— W W . r - u.i Z : = O ~ Z Fidelity National Title Company of Washington ALTA Commitment, Page 2 Order No 0286243 LEGAL DESCRIPTION Situate in the County of King, State of Washington The Westerly 90 feet of the following described property That portion of Tract 3, RIVERSIDE INTERURBAN TRACTS, according to the Plat thereof recorded'in Volume 10 of Plats, Page 74, in King County, Washington, described as follows Beginning at a point on the Easterly line of said Tract 3, 80 feet Southerly from the Northeast corner thereof, THENCE Westerly parallel with the North boundary of said Tract 3, 197 53 feet, more or less, THENCE Southerly parallel with the West line of said Tract 3, a distance of 80 feet, THENCE Easterly, parallel with the South boundary line of said Tract 3, a distance of 195 05 feet, more or less, to the Easterly line of said Tract 3, THENCE Northerly along said East line a distance of 80 feet to the point of beginning NOTE FOR INFORMATIONAL PURPOSES ONLY. The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65 04 Said abbreviated legal description is not a substitute for a complete legal description within the body of the document Ptn Tract 3, RIVERSIDE INTERURBAN TRACTS . - :1.:62* 2. 1946 l, y _ J5 7;9 Leo 28 1931 7 ,1 and contract o41 tin Aeline : igs1o*, a widow of 1toa, opitt Cutlaen t3; a v ;..n du > ' : to ep tdld it . ca ; ellthat potn of the Ni of tt 4 &iv %raids i: :carurban tr .a, cd to %•1: t thof rea iniol 10 of plats pa .4, cs cr Z ; co 1yin neat or a 11 p11 toand dist 218.5 ft east of t d eat li or sd tt 4 ; toga an eszt ror ingress ;.nd egrLsa over and across the =: 7 ft o tb proms adjoin the a to ire des preme o th 'Asst; end subj oea pmmt over the r 7 it o the i reea h 9 agr.ee.d o be cyed This deed ursuan `. to cont -'. t ma Lee 6 1926, by LeriaL 13igelos and :his Mret: for to this ;motes Adeline LBigel* k.c r+r ee 28 1131 bppdsline niligelou A A :ti ie tul , o t. !or un its r t -- os Nov 19 1934 tld bykral si; 11722 40 so I 7602110516 between HERDERT A. LARSON and ALIt1E M. LARSON, his vif ,' bers- inafter called the Grantors, and the CITY OP SEATTLE, municipal corporation, hereinafter called the Grants., WITNESSETH: EASEMENT (Overhead i Underground) that the Grantors, for and in consideration of the sum of ONE ,J AND NO /100 Dollars ($1.00) and other valuable considerations, re- csipt of which is hereby acknowledged, hereby conusy and grant to : , the Grantee, its successors and assigns, the right, privilege and authority, to install, construct, erect, alter, improve, repair, energize, operate and maintain electric overhead and underground transmission and distribution line facilities, including communi- cation wires, consisting of poles, with brace:. guys and anchors, crossarms, transformers, ducts, vaults, manholes, cabinets, con- tainers, conduits, wires and other necessery.or convenient appur- tenances to make said underground and overhead installations in- tegrated alectric and communication systems, all such electric and communication systems to be located upon under, over and across the following described lands and premises situated in the County of KING, State of Washington, to -wit: The east 5 feat of the west 237.5 feat of the north 35 fee: of Tram 4, Ri,ar.Ide Interurban+ Tracts as recorded in Volume 10 of Plats, page 74, Records of King County, Washington Together with the right at all times to the Grantee, its suc- cessors and assigns, of ingress to and egress from said lands across adjacent lands of the Grantors for the purpose of con- structing, reconotruccint, repairing, renewing, altering, cha::sing, patrolling ..nd operating said electric and communication systems, and the right at any time to remove all or any part of said elec- tric and communication systems from said lands. The Grantors, their heirs, executors, Administrators, succes- sors and assigns, hereby covenant ann agree that no structure will be erected or permitted within the above described easement area without prior written approval from the Grantee, its successors and assigns; that no digging will be done or permitted within the easement area which will in any manner disturb the facilities, their solidity or unearth any portion thereof; and that no blasting or discharge of any explosives vill be permitted within fifteen (15) feet of said lines and appurtenances. All conduit or cable laid under this greet. shall be laid upon a route as row located, and shall be buried to such depth as not to interfere iith the ordinary use of said land. Also the right to the Grantee, its successors and assigns, at all times to out all brush and timber, and trim all trees standing or growing upon said lands which, in the opinion of the Grantee, constitute a menace or danger to said electric and communication systems. The City of Seattle is to be responsible, as provided by lsv, for any damage resulting to the Grantors through its negligence in the construction, maintenance and operation cf said electric and communication systems, over, under and across the property said Grantors. ae 7602110516. • •^ / /et / ^ '.I ".•1,e :.' I, the undersigned, a Notary Public, do hereby certify that on this 5t• day of 'cbrssr,/ . , 1976, personally ap- peared before me HUM A. LARSON and LDl'LINZ M. LARSON, his wife, to se known to be the individuals dsscrsesd in and who executed the within instrument, and acknowledged that they aiiued the same as their !nee and voluntary act mad deed, for the uses and purposes therein mentioned. Given under my hand and official seal the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at r Z = ti: The rights, title, privileges and authority hereby granted it.- W shall continue and be in fe re.. t:rtil :1::: .,: Ian .trances, ce 2 its successors of assigns, shall permanently renove said towers, 6 D• poles, wires and appurtenances from said lands, or shall otherwise JO permanently abandon said electric or communication systems, at N p . — which time all such rights, title, privileges and authority hers- W = L1 by granted shall terminate. I - IN WITNESS VHZRZ08, this ins ►rument has been *secured the day p and year first above written. •j� g J L1 Q' I. HZRIZI h . LARSON F- O. /+ Z I- • �, ,z". �iMA M. CARSON U 0. .O CI I- ALI ZU F- —. LL O • 111 Z U - , h- O ~ : :kx ORDMAN'CE ! 5 THE C:T:' CF •TUFHiLA EN.KIrn °URSIJ fT TO RCW 35A.14.330 ADOPTING A LAND USE PLAN AND ZONING REGU- LATION FOR THE AREA DESCRIBED LY:NG'DUTSIDE OF THE CITY OF TUKWILA AND COMMONLY KNOWN AS RIVERTON AND PROVIDING THAT SAID AREA SnALL BECOME SUBJEc.r TO SAID LAND USE • P!AN AND ZONING REGULATION UPON ANNEXATICV TO THE CITY OF TUKWILA. WHEREAS, it is reasonable to expe, ' that hereinafter described area may, at some time in the future, be annexed to the City of Tukwila, and :Wa WHEREAS, pursuant Lo Ordinance #986 of the City of Tukwila, concerning environmental policy and the State Environmental Policy Act, an environmental assessment has been prepared and reviewed by the Responsible Official of the City and a negative declaration reached and said environmental assessment and declaration have been available through the review process, and WHEREAS, the Tukwila Planning Commission has recommended adoption of a land use plan and zoning regulation as an extension of the Tukwila Comprehensive Land Use Plan to include said area under the provisions of RCW 3EA.14.330, and WHEREAS, two public hearings upon said proposal were held upon proper public notice before the Tukwila City Council on October 22, 1979, and November 26, 1979. NOW, THEkEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TUKWILA AS FOLLOWS: Section 1. The zoning mao for the Riverton area as prepared and published by the Office of Community Development for the City of Tukwila, attached hereto as Exhibit A, dated September 25, 1979, and contained in Planning Division File No. MF 79 -14 -CA is hereby adopted for the area hereinafter described, pursuant to the authority and provisions of RCW 35- A.14.330. Section 2. The policies and standards for future development, utilization, and future growth of the City of Tukwila as adopted in Ordinance No. 1039, together with the regulations and restrictions for land use and development being the Tukwila Zoning Code, Title 18 of the municipal code, as heretofore and hereafter amended, shall apply to said area in the manner set forth in the land use plan and zoning regulation herein adopted. 'EP : . i t is • • 8002210461 Section 3. Met at such time as said described area, or any part ,.` • _._ _ -. - -- theriof shall be-annexed to the City Tukwila, tM City may provide in the annexation ordinance that so much of.: Community Development . .a C. Department of Public Works D. City Attorney S;,ction 7. This ordinance shall be in force and effect five days from and after its passage by the Council and publicatim as required by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, 4ASHINGTON, at a regular meeting thereof this aft day of December , 1979 I ity Attorney, Law •nce E. Hard ATTEST: Published: Record Chronicle • December 28, 1979 ed 4A.d444441 Edgar D.'fauch, Mayor Maxine Anderson, City Clerk • — • • "'ti�l!srL NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. PROPOSED ANNEXATION TO 0 . CITY OF TUKNILA (RIYERTON AREA) Beginning at the point of intersection .. the Southerly margin of South 133rd Street and the Westerly margin of 42nd Avenue South in Section 15. Township 23 North, Range 4 East, Wilanette Meridian, said point Lang the .xlsting city limits of the City of Tukwila as established by City Ordinance ho. 276: Thence Easterly along said Southerly margin of South 133rd which :s the exist- ing limits of the City of Tukwila, to its intersection with the Northwesterly •a• line of Tract 17, Fostorro Garden Tracts, according to plat thereof recorded in volume 9 of plats, page 95, records 'f King County, Washington; Thence Southwesterly along the said Northwesterly line of Tract 17 to its intersection with the Easterly martin of South 135th Place; c0 Thence Westerly to the intersection of the Southerly margin of South 134th Street and the Westerly margin of 43rd Avenue South; • • • • Thence Easterly along said Limited Access Line to the East line of Section 9, Township 23 N., Range 4 E., N.M.; • EXHIBIT B • Thence Southeriy along the said Westerly margin of 43rd Avenue South to the South line of the C.C. Lewis Donation Claim No. 37; Thence Westerly along the said South line of the C.C. Lewis Donation Claim No. 37 to the Easterly margin of State Sign Route No. 99: (Pacific Highway South); Thence Northwesterly along the Easterly margin of State Route No. 99 to the intersection of a line 70 feet Southerly of and parallel with the "M1" -line as shown on that certain drawing of Pacific State Highway No. 1 (SR 99), South 118th to Jct. No. 1 -K, Right -of -Way Sheet 1 of 7 Sheets, with approval date July 23, 1957, said parallel line being the Southerly Limited Access Line of the State Highway Interchange; Thence Northerly along said East line of Section 9 to the intersection of the Northerly Limited Access Line as show., co said State Highway drawing; Thence Westerly and Northerly along said Limited Access Line and its Northerly extension to its intersection with the thread of the Duwamish River; Thence Easterly and Southerly along the thread of the Duwamish River to the point of intersection with the Easterly margin of 42nd Ave. S., said point being the existing city limits of the City of Tukwila as established by City Ordinance No. 259; ' Thence Southerly along the existing city limits _s established by City Ordinance 259 and 276 to the point of beginning. • ; t :"? • • • • • • y;�atwatw 8504160949 Lynna ood.lib 99030 (toe) 77I•JOlt (206) J27•t432.•. riLED fOR RECORD AT REQUEST Of No. 15705 • .,Lynnwood Washington, and • ' TUNIS SENTS and FERN A. addr is 1517 Alder ' `WITNESSETHE'Grantor hereby did Stood Aperitif Seattk.7fh 91104 (206) 612 -6006 Fled for the award t.• at the request of - -- - LAWYERS TITLE COMPANY N71EN RECORDED RETtMI'N TO'`' •'-�` :. . . Nmm.. , -•_ _ ";' Burl en Escrow Co. baron . � : 116 S.H. 153rd __ ..._ zp:: :;, :.:.::; Ha 98166 .... Deed of Trust Street, Caldwell, Idaho 83601 (For Use in the State of Washington Only) • •Hg some& moviler, n -c vs c • 'cat= ▪ ' • F, �� c • w co — • -v o * ' D 0949 5.50 _ .. *** *5.50 na y __ F 0 135/04/16 RECD F CAStSL THIS DEED OF TRUST, made this _ day of Apri 1 19 85 between - • TIMOTHY E: SENTS, a single person GRANTOR. whole 11801 40th Place South, Seattle, Washington 98188 ° a ddrRZSS Lawyers 7iitk Company o('l tbshington, 7nc.. a corporation. TRUSTEE. v. hoic ,xlilrr.. is 4 7 20.200th Street S.W., SENTS, husband and wife, . BENEFICIARY. bargains, sells and conveys to Trustee in Trust, with power of sale, the following described rc! ^-^-• King B , . _,.city .. -• as attached hereto: • That portion of Tract 4 of RIVERSIDE INTF.PURDAN TRACTS, According to the plat thereof recorded in Volume 10 of plate, I'.tge 74, Records of Kiny County, W4shittyton, described Ati' t e lI ow.t noqinninn at the SottthwrDt corner of said Tract 4; Tlil.: eI: Cant alon9 t.li_ South line of said Tract 212 feet, inure or lens, to the West line of an alley surveyed through • 'rr1t•r.tt •2 and 3 of said addition produced North: THENCE North along the West line of said alley produced North 95 feet, more or less, to the East and West center line of said Tract 4; THENCE West along said center line 212 feet, more or less to the West line of said Tract 41 THENCE South along said West line 95 feet, more or less, to the point of beginning: EXCEPT the West 114 feet thereof. • Situate in thr County of Xing, State of Washington. z <• CC w 6 00 W = J i— W 0 LLa = • d H W z 1— zI- W Lu gy = p 0 '— W 2 l•• U= O~ z •.- LA/VIA/ 4-84) • • ••••. . • • . . • • • • • • • ......-.-4 • - iTi,, .•••':':::- . . - : - . 0 .:0•:.• • -•• . whic h real property is not used principally for agrialtiail or fanning purposes, togetlair.with all the ton- • .:.,., •••:,‘.*-x -:I;. • ...-.,......_•,,- *merits, beteditaments, and appurtenances now or hintafter• thereunto belonging ocin • any wise apper- • :........1.1. 7- and the rents, issues and profits thereof.: 4'..°•"i„. 5-';:r.? *• - .--- 4 .- 1 . - 4...-•• , •.. ••":". 1 1 .•,• ! .;'' ' • ••••• •“•• ,..- • ' , :::•'• '• 4 .......- ..... - • % fr. V....A. .- i • .,...:".x.4.• . •,..., , ...; , V t- '......ii '"• *; 1" "71 * '' '11. ;. .. 1".f. 4..." .,...., , _ . 'rill dtea ta fai ilia Ritrpose of soaring sub agreement:of 'gra tr ... ...I- •••,, • c . • .....3": interest, In accordance the tears of a proalisay.note of even. data herewith; payable to Bene.:.-..„.- — ACUITY Or order and made by Grantor .. and elknerralsimodlficatita and extensions thereof.: and Also , r.. ) ; 4. such further sums as may be advanced or loaried.bYBetieficiary: to Grantor: *or any 91 their 'mascots or . ..;_aasigns, together with interest thereon at such ate as shall be agreed uporr..altfEr••:iAl.f(: • . • , li . A il,til•rn 'f•■•• ' .. (..• . 7 ri ..t.,1,,,p:Gt, , .• ,.. . . . - . • -; . -'-• ...'• . .:• . ...To protect the security of this Deed of Trust, Grarratavenauts and igreesst;',. „."":":„,„,,... ••.'44::?,"- -p...or • ,. -....r.p.",..a.kiTas&• '-... .,. .. 1 To keep the property in good condition and repair to permit no Waitrt:there2 via complete any7.1'. .. .- .. • - - ",.....":-...... -.".... building, structure or improvement being built or about to be built thereon; to restore .. promptly any :';;: - -•••••-.. • • building. structure or improvement thereon..which damaged or. destro . yed••anci.to comply with ..-,,,. ' ....• .... • : a ll l ordinances; regulations. covenants..010410ns and restrictions 11 ff....ectin g.... ....P t y' . • • :•:; t. .".• • ' : • • •:• • 4. To defend any action al' proceeding rp puorting to affect the security hereof' e the rights cr powers of Beneficiary or Trustee. and •- -r per a1!'� ^u and riffs i...la.Iiva coed w title 'eaten and attorney'. fees in a reasonable amount- in any such action oe pro- •• :• : Gndirug. and in any nut brought by Beneficiary w foredene the Deed of Trust. . 5. To pay all costs. fees and ri enans in connection with this Deed of Trust, including the expenw's of the Trustee ineucred In ens lees .:; ,!..` .anemia _ forcing the obligation secured hereby and Trustee's and anoeanemia s actually incurred. as provided by statute, . . . • -• • it. Shetld Grantor fail to pay when due any taxes. Assessments. ineunnre premiums. liens. encumbrances or other charttss at:aind r the property erernaove escri hb dbed. Beneficiary e . may pay the same. and the amount so paid, with interest at the rate set forth in th , • note secured hereby, shall be added to and become • part of the debt secured en this Deed of Trust. .. L7 4 • IT IS MUTUALLY AGREED T!!AT:• tj.. • 1. In the event any purtiow of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be neersaary to fully satisfy the obligation secured hereby. shall be paid to Beneficiary to be applied to said obligation. W 2 By accepting payment of any nun secured hereby after its dose date. Beneficiary does not waive its right to require prompt pay- ment when clue of all other sums so secured or to declare default foe failure to so pay • 3. The Trustee shall reronrey 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 rteoonsweancs made. .. • by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness wowed hereby or In the performance of any agreement contained herein. all sums secursd hereby_ shall immediately become due and payable at the option d the Beneficiary. In such event and upon written request of Beneficiary, Trustee rustee shall sell the trust property. in accordance with the Deed of Trust Act of the State of Wash- ington, st public auction to the highest bidder. Any person except Trustee sus hid at Trustee's sale. Trustee shall apply the of the sale as follows: (1) to the expense d the sale. including a reasonable T F rustee's fee and attorney's fee; (2) to the obligation . secured by this Deed of Trust: (3) the surplus. U any, shall be distributed rft the persons entitled thereto. • - .. • 5. T: ustee shall deliver to the purchaser at the sale its decd. without warranty, which shall convey to the purchaser the interest In the property which Grantor had or had the power to convey a. the time of his execution of this Deed of Truest, and such as he rosy have acquired thereafter. Trustee's deed shall recite the farts allowing that the sat, was conducted in compliance wiut all the re- gqwwceents of law and of this Deed of Trust. which recital shall be prima fa.is evidence of such compliantce and conc'usive evidence thereof m in favor of bona fide purchaser and encumbrancers for value. 2. To par before delinquent ..- . ems mad are.rtwen Isom the onitterrYt to IR .y free and dear 4 all othw• charges. bees or enrumbesn. .nipainag the security of this Deed of Teem 3. To keep all buildings now oe hereafter erected on the property des nie d hemn continuously insured against loss by Ere or other hararrls in as amount not less than the sisal debt aerated M thus Deed td Trust. All policies shall be Ivrid by the Bene6tsary, and be in such exwupanies as the Beneficiary may appr ..* and her loot pauahle 5rst to the Bienebaary, re its interest may appear, and then to the Grantor. The amount collected under any nnurnncr p firs may he applied upon any indebtedness hereby eeeueed is such order as use lteneticsan shall Jetrnnrne Such •pplsctwn ev the liementiary shall not cause do.ulattnuanoe of any proceedutn to . foreclose this teed of Trust In tie• event d (urecltsure, all lights of the Grantor in insurance policies then .n farce than pass to the purchaser at the foreclosure gala 6. The power of sale conferred by us this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remady; Bewficiary may cause this Deed of Trust to be foreclosed as a mortgages 7. In the event of the death, incapacity, disability or resignation of Trustee. Beneficiary may appoint in writing a ruccessor trustee, and upon the recording of such appointment in the mortgage records of the county in w)s this Deed of Trust is recorded. the - • • snnresnr Inner* shall be vested with all powers of the oripaal trustee. The trustee is not obligated to notify any tarty hereto of . pending sale under any other Deed of Trust or of any action or proceeding in which Grantor. Trustee or Beneficiary shall be • party • - unlees such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to. inures to the benefit of. and is binding not only on the parties hento. but oo their heirs d�riseee,• legatees, adnustrators, executors and assigns. '1 lr Beneficiary term Benefi .hart mean the holder anti on crud u esi. iy,: whether or not named as Beneficiary herein. ni • STATE OF WASHINGTON COUNTY OF._... King ^� On this day personally appeared before me Timothy E. Sents to me known to be thieindividual described In and who executed the "Atkin and foregoing instrument. and asknowledsed tha<i , I!. __ aimed the same u h . S • free t7lttatary anti aned, d deed for the tees and purposes thierein mention �, ` � • i y mind e+lbe al seal fhb 1 6th • "' GIVE16pmf.Y?9r .A . . . i9..85• • slayer written • Notary Publlc In • f.uE t`e$cats of Was)r ington. residing at- _, • Jea 6 ....,.r: _ • •t: '• .<•�:.., i ii...' • ' • N ir" f•.ki ^,: ••• 20000925001280 FIRST HORIZON HOME LOAN CORPORATION 10741 KING WILLIAM DRIVE DALLAS, TEXAS 75220 ATTN: POST CLOSING MAIL CENTER 6404 Loan# 0022826416 Assessor's Parcel or Account Number' 734060 - 00 Abbreviated Legal Descnption• PTN TRACT 3, RIVERSIDE INTERURBAN TRACTS Full legal description located on page 2 [Space Above This line For Recording Data) State of Washington —r �. 0009 �n�14✓� DEED OF TRUST • THIS DEED OF TRUST ('Security Instrument ") is made on The Grantor is DION WILHELM , A SINGLE PERSON ( "Borrower "). The trustee is FIDELITY NATIONAL TITLE INSURANCE COMPANY which is organized and existing under the laws of THE STATE OF KANSAS FHA Waabingion Deed of Trust st - 4/96 (1:>-4R(WA) (9701) Page 1 of 8 Initials VMP MORTGAGE FORMS - 18001621 -7291 SEPTEMBER 21, 2000 [include lot, block and plat or section, township and range) FHA Cue No 661- 7142667 -729 tat ( "Trustee ") The beneficiary is FIRST HORIZON CORPORATION D/B/A FIRST HORIZON HOME LOANS , and I'] IJ III U1 uM. ..:za?a;t.;t.:d3w.t:F.i, *�' 2,s...:..•.i;_f!rq%<`:I.'4�.1 .lu- "!uUtv',• M1 + OI : i Fi ik; a? t�v44:atLe.' ilat oiJ ,:iws.:d>':.ti'.:r:1•i1:JT,.. Loan* 0022426416 whose address is 4000 HORIZON WAY, IRVING, TEXAS 75063 ( "Lender ") Borrower owes Lender the principal sum of One Hundred Flfty'Nine Thousand One Hundred Twenty Three and 00/100 Dollars (U S $ 150, 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 OCTOBER 1, 2030 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 the Trustee, in trust, with power of sale, the following described property located in KING County, Washington See Exhibit 'A' attached hereto and made a part hereof for all purposes which has the address of 4028 SOUTH 114TH STREET, TUKWILA [Street, City), Washington setae- [Zip Code) ( "Property Address "), TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "ProPerty BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- urufoirn covenants with limited variations by Jurisdiction to constitute a uniform security Instrument covering real property Borrower and Lender covenant and agree as follows. UNIFORM COVENANTS 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under parazraph 4 In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (a) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ti) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be 4RIWA) 19701) Page 2 of 8 Initials Z W 6 0 0 0 N CD ILI -I = 1- WD Q I F.- Z H 0 Z F- LU W 0 O • P- O I- tu W 2 I— H LL. WZ U= 0 ~' Z Loan* 0022326416 determined by the Secretary Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds " Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U S C. Section 2601 et seq and implementing regulations, 24 CFR Part 3500, as they may be amended from time to tune ( "RESPA "), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument If Borrower tenders to Lender the full payment of all such stuns, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage Insurance premium mstallmertt that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all Installments for items (a), (b), and (c) 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary Instead of the monthly mortgage insurance premium, Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard Insurance premiums, as required, Third, to interest due under the Note, Fourth, to amortization of the principal of the Note, and Fifth, to late charges due under the Note 4. Fire, Flood and Other Hazard Insurance. Borrower shall Insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties. and contingencies, including fire, for which Lender requires insurance This insurance shall be maintained in the amounts and for the periods that Lender requires Borrower shall also insure all improvements on the Property, whether now In existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender The Insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender In the event of loss, Borrower shall give Lender immediate notice by mail Lender may make proof of loss if not made promptly by Borrower Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender j ointly All or any part of the insurance proceeds may be applied by Lender. at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property Any applicarron of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally enude d thereto In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness. all right, title and Interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan 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 (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control Borrower shall notify Lender of any extenuating circumstances Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borro er shall Inhtiala �` 0)-4R(WA) (9701) Page 3 of 8 _t Z w ce JU 0 to O W W W = F- W O 2 2 • O F- W H I— O Z • W O N O H W W H-- u" W Z U W O 1- Z Loan* 0022/26415 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 hunted to, representations concerning Borrower's occupancy of the Property as a pnncipal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing 6. 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 place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fees and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for. condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2 Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any hen which has priority over this Security Instillment unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to 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 hen, or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice 8. Fees. Lender may collect fees and charges authorized by the Secretary 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Gam-St Germain Depository Institutions Act of 1982, 12 U S C. 17011 -3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if to teats �4R(WA) (8701) Page 4 of 8 Z =Z ,J U 00 J U a. W O ga I t W Z I H O Z Lij 0 O — O I— LL' W I 0 ll. Z W U I O ~ Z t.oanr 0022826418 (t) AU or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (u) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Leader does not require such payments, Lender does not waive its nghts with respect to subsequent events (d) Regulations of HUD Sectary. In many circumstances regulations issued by the Secretary will limit Lender's nghts, in the case of payment defaults, to require immediate payment in full and foreclose if not paid This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereot, I rude: may, at its option, require unmediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument This right applies even after foreclosure proceedings are instituted To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full However, Lender is not required to permit reinstatement if (t) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (u) reinstatement will preclude foreclosure on different grounds in the future, or (in) reinstatement will adversely affect the priority of the lien created by this Security Instrument 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of 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 successor 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 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 agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 4(b) 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 Secunty Instrument or the Note without that Borrower's consent d -4R(WA) (9701) Page 5 of 8 Initials Z _ ~ W 6 tY J U U0 to 0 Lu J H • tL w 2 J • O =w ZF- 1— O Z • uj gy p U O - O l-- wW tL O Z 0 c F- O ~ Z Loan* 0022/21416 13. 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 notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any 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. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the 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 the provisions of this Security Instrument and the Note are declared to be severable 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 16. 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 Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law As used m this paragraph 16, "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 16, "Environmental Law" means federal laws and laws of the jurisdiction 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 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only If Lender gives noti:.e of breach to Borrower. (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument, (b) Lender shall be entitled to 1..ollect and receive all of the rents of the Property, and (c) each tenant of the Property shall pay all rents due aid unpaid to Lender or Lender's agent on Lender's written demand to the tenant Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercismi; its rights under this paragraph 17. Lender shall not be required to :•rater upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full Intiale QZ 4:0-4R(WA) (9701) Page 6 of 8 _. Z Z I— • W tY 2 J U 00 W I - F—. to W Q rn� = W Z I—O Z I — al ill 0 p 0 O — O I— W W 2 I L" O Z W O ~ Z Loan* 0022426116 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender 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 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require. After the time required by applicable law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and wider the terms designated in the notice of sale in one or more parcels and in any order Trustee deternnines. Trustee may postpone sale of the Property for a period or periods permitted by applicable law by public announcement at the time and place fixed In the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima 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. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the non iudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 el seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. 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 20. 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 21. Use of Property. The Property is not used principally for agricultural or fanning purposes. 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants 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)] Condominium Rider 0 Growing Equity Rider © Other [specify] Planned Unit Development Rider 0 Graduated Payment Rider Adjustable Rata Rider 14k4R(WA)19701) Page 7 of 8 IniV&e, z Z l '~ W ix: J 00 J H U) u_ W O 2 g Q to 3 = � W Z = I— O Z • uj 2 U O N W F- H � Z W O z CT, C:) Loan* 0022626416 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any riders) executed by Borrower and recorded with it Witnesses �-� STATE OF WASHINGTON c.� County of ICING } ss: On this day personally appeared before me DION WILHELM �r r. 7‘ T 4� . tJ r� e ' A i / 3 i..tt . • '. �F 1.• S y t " 4R(WA) (9701) Page 8 of 8 Xis�3 :sser cL:cn�:i n6cid�,a,m::ws.,di r •..:, 16au. c4.:: ::+.tGK�w,:..a.•,n.,.A•:_,r - • (Seal) DION WILHELM -Borrower (Seal) -Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower to me known to be the individual described in and who executed the within and foregoing Instrument, and acknowledged that tl signed the same as . S free and voluntary act and deed, for the uses and purpose therein mentioned GIVEN under my hand and official seal this Z c■ day of C %'4 ?OC 0 i Publ in f or the Sta. of Washington, resrdias My Appointment Expires on t f2 61 /7 ("Jo ) z .. �i�: 1te• S] E�.. N.' LiILJ' sL: L •S1:L..UA.f�'1'>'lYa..:�fiah'.( LEGAL DESCRIPTION Fidelity National Title Company of Washington ALTA Commitment, Page 2 Order No 0286243 The Westerly 90 feet of the following described property That portion of Tract 3, RIVERSIDE INTERURBAN TRACTS, according to the Plat thereof recorded "in Volume 10 of Plats, Page 74, in King County, Washington, described as follows Beginning at a point on the Easterly line of said Tract 3, 80 feet southerly from the Northeast corner thereof, THENCE Westerly parallel with the North boundary of said Tract 3, 197 53 feet, more or less; THENCE Southerly parallel with the West line of said Tract 3, a distance of 80 feet, THENCE Easterly, parallel with the South boundary line of said Tract 3, a distance of 195 05 feet, more or less, to the Easterly line of said Tract 3, om cv THENCE Northerly along said East line a distance of 80 feet to the point ,) of beginning `n Situate in the County of King, State of Washington N cn NOTE FOR INFORMATIONAL PURPOSES ONLY Ptn Tract 3, RIVERSIDE INTERURBAN TRACTS cm The following may be used as an abbreviated legal description on the cv documents to be recorded, per amended RCW 65 04 Said abbreviated legal description is not a substitute for a complete legal description within the body of the document Z Q Z' W 6� J U; U 0: U 0. W =' J F.. N LL; W 0: u _ co E d W Z I— 0 Z F— p. W H V. • u- = 0 Hi Z Loan(' 0022126411 ADJUSTABLE RATE RIDER 4026 SOUTH 119Th STREET, TUKWILA, WASHINGTON pain- FHA Case No 581- 7142567 -729 THIS ADJUSTABLE RATE RIDER is made this 21ST day of SEPTEMBER 2000 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ( "Security Instrument ") of the same date given by the undersigned ( "Borrower ") to secure Borrower's Note ( "Note ") to FIRST HORIZON CORPORATION D/B/A FIRST HORIZON HOME LOANS (the "Lender ") of the same date and covering the Property described in the Security Instrument and located at Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The Interest rate may change on the first day of JANUARY 1ST , 2002 , and on that day of each succeeding year "Change Date" means each date on which the interest rate could change (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board "Current Index" means the most recent Index figure available 30 days before the Change Date If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary As used in this Rider, "Secretary means the Secretary of Housing and Urban Development or his or her designee " Lender will give Borrower notice of the new Index FHA Multistate ARM Ricer • 10/95 Cp (9705) Page 1 of 3 Initial VMP MORTGAGE FORMS - (800)521 -7291 oin i S'rSt+uNDi::c`t"oG+ : whntiu" ���tJ: f!::' ij. isx; 3e: �Gtlib. w. aYtrt. e. av, N.: t1..: y., akdLA. caGi71t %u..WCC�s�:J+�Y%+��Gai�+ulfw ' ':8.::�iu3.u.n'Yn..wn.wsbt •+A EJs+f". Loans 00221128416 (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of Two and Pima Quarters percentage point(s) ( 2 750 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0 125%). Subject to the limits stated in paragraph (D) of this Rider, this rounded amount will be the new Interest rate until the next Change Date (D) Limits on Interest Rate Changes The existing interest rate will never increase or decrease by more than one percentage point (1 0%) on any single Change Date. The Interest rate will never be more than five percentage points (5.0%) higher or lower than the initial interest rate, as stated in Paragraph 2 of the Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amocmt of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at the new interest rate through substantially equal payments In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal The result of this calculation will be the amount of the new monthly payment of principal and interest. (I) Notice of Changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amount The notice must be given at least 25 days before the new monthly payment amount is due, and roust set forth (i) the date of the notice, (ii) the Change Date, (in) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vu) the method of calculating the change in monthly payment amount, and (vitt) any other information which may be required by law from time to time (G) Effective Date of Changes A new interest rate calculated in accordance with paragraphs (C) and (D) of this Rider will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by paragraph (F) of this Rider Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with paragraph (E) of this Rider for any payment date occurring less than 25 days after Lender has given the required notice If the monthly payment amount calculated in accordance with paragraph (E) of this Rider decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (u) request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if the Note is otherwise assigned before the demand for return is made Irntiels 0'� �- C -5910 197051 Pape 2 of 3 Z lY W 00 CO CI J CD Li_ w 0 . Q , rn �. 2 Z F- t- 0 Z I- w o D p O N • t- w W . 0 2 I- E ro Z W 0 - H O Z cn c=1 Loan* 0022S26416 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider (Seal) (Seal) -Borrower DIOM WILHELM -Borrower (Seal) (Seal) -Borrower -Borrows (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower -591U (9705) Page 3 of 3 Alice Strand - Re: Duwamish Street Project, Page 1 From: Alice Strand To: novina Subject: Re: Duwamish Street Project Thank you for your response! As you may know, we are continuing to involve the neighborhood in the design of the streetscape in Duwamish. At the Tukwila City Council Meeting on July'', the results of July 11 neigborhood meeting will be summarized and discussed. I encourage you to attend the Council meeting, and thanks again for getting involved in the design of your streets. I would like to clarify a couple of points raised in your Email of July 2. 1) All property owners in the Duwamish neighborhood (including properties on Interurban Place) must conform to sanitary sewer connection requirements. Connection requirements apply to riverfront property owners in the same way that they apply to those properties fronting on streets. The main difference is that connection costs increase proportionally to a property's distance from the sewer main. This means that any riverfront properties will be paying substantially more for sewer connections than properties fronting on sewer mains. 2) You may not be aware that under the ordinance, you are not required to connect to sanitary sewer until a) your septic system fails b) you add a bedroom or bathroom to your home c) you sell your home I hope this clarifies some of the issues raised in your email. Thank you again for your interest and involvement Sincerely, Alice Strand Associate Planner ;,.RY;7 k1i.. a�t- - ,'Mie.';i 'asY OaF:rIts.;:; , Alice Strand - Duwamish Street Project From: "novina" <novina @msn.com> To: <Astrand @ci.tukwila.wa.us >, <Mcusick @ci.tukwila.wa.us >, <Danad @valvue.dst.wa.us> Date: 7/2/01 8:20PM Subject: Duwamish Street Project July 2, 2001 Attn: Tukwila Staff Alice Strand & Mike Cusick ValVue Sewer Dana Dick RE: Duwamish Street Project I am a home owner on 40th Ave S. I see some good improvements coming to our neighbor, being improved water system & drainage. The Sewer coming in, no. It is appreciated, sending out the "We want to hear from you ". At least opinions will be shared, but as in all groups, some will win, some will loose. The Proposed Artist's Street Plan is much too fancy. If I wanted to live in such a highly organized neighborhood, I would have bought my house there.. instead of here, in this casual area. I like it that way. Please keep it simple. P *Trees !!!! NO I!. They are a waste of land space & maintenance for this particular street. This street was not originally created to be that wide for pretty, but impractical greenery. It's us, the citizens of this neighborhood, that will get stuck raking those leaves as they blow about. Then, lucky us... now have to figure out how to dispose of those leaves, by what? ?....our added expense, paying SeaTac Disposal to take away the city owned leaves that end up in our yard or time with composting. hh *Also on the subject of Tree or Shrubs. Let's not forget the fact, that most vehicles cannot safely see around them, as we are leaving the driveway. Why are you making our area accident prone with trees or shrubbery ? * Sidewalks : 4' not 5'. (don't waste our street space... as most residents here, walk on the street instead of sidewalks, anyway) And only on one side of the street. o Sidewalks do not need to be 'raised'. Same level as the street fits in just fine with this neighborhood, like the sidewalks that are here now, casual. Of course, the new sidewalks will be tilted to accommodate the water drainage. Raised sidewalks cause more accidents, as children skate or bicycle off the edge. OW. * Parking: Simple Gravel, like it is now. Maybe a little more gravel areas for residents to choose from, and yes, need to have choices on both sides of the street. You must remember, If you choose a rigid parking design... some residents are forced to always have cars in front of our house...disturbance.... And trouble seeing around the cars as we pull out of our driveways. Once again, this is dangerous. The more homes that build here, with the sewer going in... more parking spread about will be needed. * Street Width: Don't see the need to widen to full 40' wide. Some areas could be slightly wider to accommodate a little bit of casual gravel parking. The wider you make the street, the more prone we are to unnecessary traffic cutting through & speeding. Page 1 Alice Strand - Duwamish Street Project * Sewer: If this whole project is about protecting our environment & the river, then please tell me why the owners right on the river, are most except from this expensive mess ? Looking at the project & potential areas.... I'd say a good share of the river home owners is free and clear. I was very dismayed to see the sewer area did not include Interurban Place. Why were they the lucky ones "not being forced to pay for sewer"????? How did they manage to vote NO to sewers ? Connections to City Hall maybe ? Must be nice. o Why don't I get to vote on sewers ? I say, if ValVue wants me to pay them monthly expense for the Rest of My Entire Life, And the life of generations beyond me, why don't they pay for cost of installing it on the street ? It must be a great laugh for ValVue to hurt so many little people with this expense, all on the lie that it's good for us. Sorry, but we don't all have failed septic systems. And even if I did have to repair it, the expense would be less than ValVue getting rich off me for the rest of my life. o As many have talked about property values going up with the 'wonderful sewer in our neighborhood', That means more taxes. Am l to be impressed with needing a 3rd job to pay those extra taxes, plus the loan of installing the sewer, plus paying for sewer monthly payments. Where is it you guys think us little people are supposed to get all this money. The fancier you make this neighborhood, the more value (taxes) of my home, that I cannot afford to pay. Yes, new water lines means improved water for home & Fire Fighting. And Yes, we could use decent drainage in this neighborhood. But lets not get carried away beyond what we, the little people, can afford to pay. Thanks for Listening & Asking for our opinion, B Lyons 11801 40th Ave S Tukwila, WA 98168 Page 2 .dL i�iw. .. .:3c +•� ,;• l:n'ir:�ili:� ±r.P.. i:.i.':.»..aU.r.;ri : i.a4 to ..:;:i �'2A ,w' „ r.7:xT:.k tSk':ii,*k""'% =.,' tia�''•fa.'. r >i,v,;:ku.�:l;3 &mod.. =a •‘• , tiAi:T.a• ' z z �. w cc 6 0 0 CO O wi -I F-. � u_ . w g¢ th = d F- w z F- O ` Z F- w ui 2 ❑ O = w w H U ;7. wz CO 0 June 25, 2001 Ms. Georgina Kerr 3834 S. 116 Street Tukwila, WA 98168 Dear Ms. Kerr: If you have Since Mike Cusick, P.E. Senior Utility Engineer MC:Iw cf: Jim Morrow (P :Iaurie /mike /Kerr062501) City of Tukwila Department of Public Works James E Morrow, RE., Director Subject: Tulip Tree at Back of Sidewalk Tom Pulford, the Public Works Department Landscape Architect, and I visited your home on June 20, 2001, to review your concerns about the construction of the sidewalks proposed for the Duwamish neighborhood. The proposed sidewalk will match the existing sidewalk elevation to prevent damage to your tree. The construction drawings will require the contractor working for the City to protect your tree from damage. other questions or concerns, please contact me at (206)433 -0179. Steven M Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 433 -0179 • Fax: 206 - 431 -3665 06'14/2001 10:16 UAL UUE SEWER DISTRICT 4 4313665 June 13, 2001 t Dear Property owner: As some of you may already be aware the Duwamish area utility project has been rescheduled until the spring of 2002. The reasons for rescheduling involve permitting, easement acquisition, and coordination —wi -th the- City —of 7ukw .as well as Puget Sound Energy (PSE). The overriding concern, however, is to complete the entire project under one contract, in as short a time period as possible. This not only will work to your advantage by keeping costs down, but will also reduce the length of time your neighborhood will be impacted by utility and road construction. Val Vue and the City are currently working to encourage PSE to extend gas service into the area in conjunction with the planned utility, and street work. It would be helpful for the District to know what the general sentiment in the neighborhood is regarding the availability of gas service. If you would like to see gas extended into the area please fill out and return the enclosed form to the District. This does not commit you to anything, but does allow us to gauge the level of support for proceeding with a gas line extension. k;:ca:iYsi3:xa 55c. . , Sincerely, VAL VUE SEWER DISTRICT Dana Dick General Manager DD /kh. I NO.994 D02 Poet -It• Fax Note 7071 °At J7/ j Ip p s°0 l From Pot.. A' .IC To ,d f fife_ An..) Co./Dept. co. Phone 8 ��- q /� Mono c 2/1. 323 4! Fax M H e� - `26C ~Fat0 '2=L2.-7-1.a.1.---4 06/07/2001 11:00 UAL UUE SEWER DISTRICT 4 4313665 JUTii 07 '01 09:24AM TUKV DCD /PW Duwamish Neighborhood Improvements fth'ce ,13 cd ( in1114 114bm- f�. M 1`.. tT,, T Duwamisb Neigbborhood Improvements At their June 5 meeting, Va1Vue Sewer District Commissioners decided to defer construction of Duwamish sewer and water improvements until spring of 2002. ValVue • Dana Dick recommended the new schedule to allow more time for the completion o s1 ermitting . pro es acquisition of needed utility easements, and coordination with Puget Sound Energy forspmlect- related gas line installation. The new schedule no anticipated impact on project cost or funding. 1 � ValVus eoracu Dana Dick i0J 3226 J „q J 1 a jvt, . dr�, v/R• u.f„ ztx- 2236 lan conjunction with the ValVue's Sewer and Water project in Duwamish, City of Tukwila Public Works and Planning Division staff have been working with the City Council and the Duwamisb neighborhood to explore a proposed upgrade for Duwamish streets. The idea is to effectively piggyback street and pedestrian amenities onto the utility project so that the streets would only be torn up once. This would be one of several steps the City would take to improve and energize residential neighborhoods in line with Comprehensive Plan goals. If you are a Duwamish neighborhood resident or property owner, we invite you to attend a neighborhood meeting, at 6 :00pm, Wednesday, July 11 at the Tukwila Community Center. A more detailed meeting announcement and informational letter will be mailed to Duwamish residents this week. Watch for it! Staff contacts: Alice Strand 433.7163 Actopd@ci.n,t and Mike Cusick 433.0179 Mcusick@ci.nticwila.wa.us ( QJ NO.953 P01 P.2/2 TO: Robert Staunton, PACE; Dana Dicks, ValVue Sewer District; Mike Cuscick, City of Tukwila Public Works Department; King County Assessor, Accounting Division; Washington State Department of Ecology; Department of Labor and Industries; Department of Ecology; Georgina Kerr; Bonnie; Lettie Haggard; Charlene Travers. This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Numbers: E 02 -006; L02 -005 Applicant: City of Tukwila and ValVue Sewer District Type of Permit Applied for: SEPA Decision and Shoreline Permit SEPA DETERMINATION SHORELINE SUBSTANTIAL DEVELOPMENT Project Description: A public project to install new and upgrade existing public facilities. Improvements will include: new sanitary sewer (6,800 lineal feet,) a sewerage lift station, replacement domestic water (4100 lineal feet) and new storm sewer facilities including catch basins, drain lines (3,200 lineal feet) and water quality vault; and street improvements consisting of curb, gutters, sidewalks in some locations, and an asphalt overlay on public streets. See the attached vicinity map and site plan. Location: The Duwamish neighborhood, which is generally bounded on the north and east by the Duwamish River and on the south and west by Interurban Ave Associated Files: None City of Tukwila Department of Community Development Steve Lancaster, Director April 29, 2002 NOTICE OF DECISION Comprehensive Plan Designation Low Density Residential Zoning District: Low Density Residential II. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non - Significance (DNS), Page 1 of 2 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • x . cuscc r v; .ems :tic' < s Steven M. Mullet, Mayor z w. 6 J U• U 0. co 0 J U w w O. u_ j. = w Z I-0 'Z W U 0. O N O UJ =U U- 0. w Z. O ~ z Department o City of Tukwila Decision on Substantive Permit: The City Community Development Director has determined that the application for a Shoreline Substantial Development Permit does comply with applicable City and state code requirements and has approved the application. The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code § 18.104.010. One administrative appeal to the Shorelines Hearings Board of the Decision is permitted. Any person appealing to the Shorelines Hearings Board may raise certain SEPA issues as part of the appeal to the Shorelines Hearings Board. Appellants should consult the rules and procedures of the Shorelines Hearings Board for details. iLkid 44 _ 1/Att ommunity Development III. YOUR APPEAL RIGHTS IV. PROCEDURES AND TIME FOR APPEALING V. INSPECTION OF INFORMATION ON THE APPLICATION The requirements and procedures for appeals to the Shorelines Hearings Board are set forth in RCW 90.58 and WAC 461.08. Project materials including the application, any staff reports, and other studies related to the Shoreline Substantial Development Permit are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Moira Carr Bradshaw, who may be contacted at 206- 431 -3651 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Proponent: VALVUE SEWER d,(- /Jj /(,4. Lead Agency: Description of Proposal: A public project to install new and upgrade existing public facilities in the Duwamish neighborhood, which is generally bounded on the north and east by the Duwamish River and on the south and west by Interurban Ave. Improvements will include: new sanitary sewer (6,800 lineal feet,) a sewerage lift station, replacement domestic water (4100 lineal feet) and new storm sewer facilities including catch basins, drain lines (3,200 lineal feet) and water quality vault; and street improvements consisting of curb, gutters, sidewalks in some locations, and an asphalt overlay on public streets. See the attached vicinity map and site plan. Location of Proposal: Rawl Nuether: /U iou PACE 57)2 g/67/T dY M4-Y Section/Township /Range: NW 10 -23 -04 The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197 -11- 340(2). Comments must be submitted by /A The lead agency will not act on this proposal for 14 days from the date below. doc: Miscperm City of Tukwila Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670 File Number: E02 -006 Applied: 02/14/2002 Issue Date: 04/04/2002 Status: ISSUED („A,_ p, 3 2.0a a Steve Lancaster, Responsible Official City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 (206)431 -3670 E02 -006 DETERMINATION OF NON - SIGNIFICANCE (DNS) City of Tukwila Date Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21 C.075) Printed: 04 -02 -2002 doc: Shore1971 File Number: L02 -005 Applied: 02/14/2002 Approved: 04/29/2002 Expiration: 04/29/2004 City of Tukwila Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670 SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT A permit is hereby granted to: CITY OF TUKWILA & VAL VUE SEWER DISTRICT to: A public project to install new and upgrade existing public facilities in the Duwamish neighborhood. Improvements will include: new sanitary sewer (6,800 lineal feet,) a sewerage lift station, replacement domestic water (4100 lineal feet) and new storm sewer facilities including catch basins, drain lines (3,200 lineal feet) and water quality vault; and street improvements consisting of curb, gutters, sidewalks in some locations, and an asphalt overlay on public streets. The Duwamish Area is generally bounded on the north and east by the Duwamish River and on the south and west by Interurban Ave S. Upon the following property: Address: Parcel Number: Section/Township /Range: NW 10 -23 -04 The following master program provisions are applicable to this development: King County Shoreline Master Residential Objectives 1, 2, 3 Urban Environment Policies/ Development under this permit shall comply with the following conditions. Cond: CON0015290 No specific conditions are applied. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other Federal, State or local statutes, ordinances or regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.58.140(8) in the event the permittee fails to comply with the project as approved and any conditions thereof. CONSTRUCTION PURSUANT TO THIS PERMIT MAY NOT BEGIN AND IS NOT AUTHORIZED UNTIL TWENTY -ONE (21) DAYS FROM THE DATE OF FILING WITH THE DEPARTMENT OF ECOLOGY (D.O.E.) AS DEFINED IN RCW 90.58.140(6) AND WAC 173 -14 -090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN TWENTY -ONE (21) DAYS FROM THE L02 -005 Printed: 04 -29 -2002 doc: Shore1971 City of Tukwila L02-005 DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS PROVIDED IN RCW 90.58.140(5)(a)(b)(c). V') Zoo 2- Date: Steve Lancaster, Director o Department of Community Development Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431-3670 Construction or substantial progress toward construction must begin within two (2) years from the effective date of the permit (the date the permit is filed with D.O.E.), per RCW 90.58.143(4). a...! !W. ..14 . !'!! -Y.,' 4 4 • • . -4 , Printed: 04-04-2002 ,z re 2 u-1 6 —J 0. O 0. co ! 0) W.. wO F.: • LL: u. ‹. w " I. Z I— 0 Z I- WUJ '0 == :LLI 1-1-1 W o • z From: City of Tukwila Department of Community Development 6300 Southcenter Blvd. Suite 100 Seattle, WA 98188 Date of Transmittal: 4/29/2002 Type of Permit: Substantial Development Local Government Decision: Approval By: Moira Can Bradshaw, City of Tukwila Phone Number: (206) 433 - 3670 Shoreline Management Act Permit Data Sheet and Transmittal Letter To: Department of Ecology Marsha Geidel Shoreland & Environmental P.O. Box 47600 Olympia, WA 98504 -7600 Date of Receipt: Applicant Information: Applicant's Representative: Name: City of Tukwila and Val Vue Sewer District Name: Dana Dick Address: 6300 Southcenter BL Address: ValVue Sewer District Tukwila WA 98166 14816 Military Road Seattle, WA 98168 Phone: 206 431 -3670 Phone: 206 242 -1527 Is the applicant the property owner? Yes for most of the affected property, which is public right of way; however, some of the affected property is available for construction and maintenance through easements. Location of the property: The Duwamish Neighborhood is bounded on the north and east by the Duwamish River and the south and west by Interurban Av S. Water Body Name: Duwamish River Shoreline of Statewide Significance: Yes Environment Designation: Urban Description of Project: A public project to install new and upgrade existing public facilities in the Duwamish neighborhood. Improvements will include: new sanitary sewer (6,800 lineal feet,) a sewerage lift station, replacement domestic water (4100 lineal feet) and new storm sewer facilities including catch basins, drain lines (3,200 lineal feet) and water quality vault; and street improvements consisting of curb, gutters, sidewalks in some locations, and an asphalt overlay on public streets Notice of Application Date: 14 Februay 2002 Final Decision Date: 29 April 2002 ...04ti Xid.::3.E:t1:a" Ube Ya t+'a'414 , tot z � 6 U U co o J LL. w u. co d . �w Z = t- 0 Z ~ w : o . U O — • H W W I LI z w co O~ z Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I, f FSL t- HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non - Significance Project Name: G } /Tr of 7b1:4)/L-A c 1 V A - c - V I E Se . c 3 1 ST Cr Notice of Public Meeting Mailer's Signature: � Mitigated Determination of Non - Significance Person requesting mailing: it-to, 416,-- 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 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 Y Other 110 j i LE OF Gl S l 0 Was mailed to each of the addresses listed on this S day of /1 in the year 20().1- P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM z Q• = z ~ w _i U 00 In 0 J = H U W u_? 1 w -- _ z 1- 0 Z cn 0 0- 0 W L I o Z W — 0 I 01— z Project Name: G } /Tr of 7b1:4)/L-A c 1 V A - c - V I E Se . c 3 1 ST Cr Project Number: 5d2_--01)42 . `D Z. - 00,5 Mailer's Signature: � { Person requesting mailing: it-to, 416,-- Was mailed to each of the addresses listed on this S day of /1 in the year 20().1- P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM z Q• = z ~ w _i U 00 In 0 J = H U W u_? 1 w -- _ z 1- 0 Z cn 0 0- 0 W L I o Z W — 0 I 01— z Memorandum To: Steve Lancaster From: Moira Carr Bradshaw Date: April 3, 2002 Subject: Duwamish Area Improvements Shoreline Decision File No. L02 -005 Required Permits /Approvals: SEPA Decision State Electrical Permit FINDINGS Project Description: A public project to install new and upgrade existing public facilities in the Duwamish neighborhood, which is generally bounded on the north and east by the Duwamish River and on the south and west by Interurban Ave. Improvements will include: new sanitary sewer (6,800 lineal feet,) a sewerage lift station, replacement domestic water (4100 lineal feet) and new storm sewer facilities including catch basins, drain lines (3,200 lineal feet) and water quality vault; and street improvements consisting of curb, gutters, sidewalks in some locations, and an asphalt overlay on public streets. See the attached vicinity map and site plan. The private land being served is approximately 36 acres. Water Body Name: Duwamish River Shoreline of Statewide Significance: Yes Environment Designation: King County Urban Other agencies with Jurisdiction: ValVue Sewer District, Department of Ecology, Department of Labor and Industries SEPA Decision: Determination of Nonsignificance Page 1 of 3 04/03/02 Notice of Application Issued: February 28, 2002 Comment Period Deadline: 30 March 2002 Public Comments Received: Four emails were received commenting on the street improvement portion of this project. All of the comments generally disagreed with the proposed street cross - section, stating that sidewalks are not needed, a 6 -inch curb should not be used, and that the street pavement/lane width is too wide. Together these changes are not in keeping with the character of the neighborhood and could lead to drivers exceeding speed limits. Documents considered: 1. SEPA Checklist (Penhallegon Associates Consulting Engrs. Inc. February 2002) 2. Endangered Species Act Screening Checklist, (Undated) 3. Application including response to Criteria for King County Shoreline Master Program 3. Topographic Mapping Duwamish Area improvements 4. Composite Utility Plan (January 21, 2002) 5. Typical Sections (January 21, 2002) CONCLUSIONS Urban Environment General Policies 1, 7 and 9 According to the King County Shoreline Master Program, the purpose of the Urban Environment designation is: "to ensure optimum utilization of shorelines within urbanized areas by permitting intensive use ..." The proposed project seeks to accomplish that by constructing a public sanitary sewerage system that will allow the subject shoreline neighborhood to develop and build out at higher densities than currently allowable because of reliance on septic systems. Redevelopment of underdeveloped areas will be encouraged and the proposed facilities will accommodate future users and make a maximum use of the shoreline resource. The project will not significantly degrade the quality of the environment including water quality and air quality nor create conditions that would accentuate erosion, drainage problems or other adverse impacts on adjacent environments. Utility Facilities Policy 1 and 7 The proposed utilities do not change or impact the shoreline and where work will occur within the shoreline area temporary erosion and control mechanisms will be used to prevent sedimentation in the river. They are being located so that water flow, circulation and navigation are not restricted. Page 2 of 3 04/03/02 Transportation Facilities Policy 2, 4, 5, 14 The street network that is being improved is setback sufficiently to preclude the need for any riverbank protection measures. Existing topography is being maintained. Joint use between the utility element and the transportation element are being proposed. Page 3 of 3 04/03/02 • Wi w J U; U O; co' CO W: W I. CO W O: • J 2 C�, F W; F-O? Z1-: LU U U O I•-. W • • Z U •■■. ' O • • Z Memorandum To: Steve Lancaster From: Moira Can Bradshaw Date: March 28, 2002 Subject: Duwamish Area Improvements SEPA Decision File No. E02 -006 Project Description: A public project to install new and upgrade existing public facilities in the Duwamish neighborhood, which is generally bounded on the north and east by the Duwamish River and on the south and west by Interurban Ave. Improvements will include: new sanitary sewer (6,800 lineal feet,) a sewerage lift station, replacement domestic water (4100 lineal feet) and new storm sewer facilities including catch basins, drain lines (3,200 lineal feet) and water quality vault; and street improvements consisting of curb, gutters, sidewalks in some locations, and an asphalt overlay on public streets. See the attached vicinity map and site plan. The private land being served is approximately 36 acres. Other agencies with Jurisdiction: ValVue Sewer District; Department of Ecology, Required Permits /Approvals: Shoreline Permit State Electrical Permit Notice of Application Issued February 28, 2002 Comment Period Deadline: 30 March 2002 Public Comments Received: None Documents considered with SEPA checklist: 1. SEPA Checklist (Penhallegon Associates Consulting Engrs. Inc. February 2002) 2. Endangered Species Act Screening Checklist, (Undated) Page 1 of 2 03/28/02 f //i,NAMA4Wrm% - A4E- 1)..a .w.4 i..,:w +...,.xw:�.. Summary of Primary Impacts: Earth /Soil The area is relatively flat except for the river bank and street embankment. Riverbank failure has occurred on the east bank about'' V4 mile upstream from the project area. The soil is silt and sand. The utility lines, which will be installed by trenching, will stop at the top of riverbank. A temporary sedimentation and erosion control plan has been prepared z and is intended to control the potential for pollution of surface waters. CL 6 Storm Water 0 0 The amount/area of street related impervious surface is increasing by 24,000 square feet. w LLI Additional detention is not required for the increased impervious area but a water quality vault is being installed to provide treatment of storm water prior to its conveyance and w discharge through an existing outfall to the Duwamish River. w Environmental Hazards The applicant noted that there is some risk for the construction workers who will be z w connecting the existing sewer lines. No safeguards are proposed to mitigate potential z F hazards. z �. 111 uj The Washington Administrative Code (246- 272 - 18501) requires property owners who abandon septic tanks to follow these procedures: vo — 1. Have the septage removed by an approved pumper o 2. Remove or destroy the lid and = w 3. Fill the void with soil. L-1.- o .. z. w U= 0 The City issues side sewer permits for new hook -ups and information on abandoning septic systems is included with the permit. Final inspection by the City includes an inspection of the above elements. Housing The proposal creates opportunity for new lots to be created. Given the minimum lot size of 6,500 square feet and the size of the existing lots in the area there is the potential for an additional 69 houses to be built in this area. Because of the current configuration of streets, property lines, the location of existing houses, and the need to provide additional streets to provide sufficient access and turnaround, the range of potential new houses is more likely about half that amount. Public Service The new services for sanitary service and the potential for new homes will increase the need for public services but at a relatively small percentage for the existing service providers. Recommended Threshold Determination: Determination of Nonsignificance C: \mcb \duwam area \SEPAreport.doc Page 2 of 2 03/28/02 z 05!;;5/2001 10:38 UAL UUE,.SEUER DISTRICT 4 4313665 la facsimile To: Steve Lancaster From: Dana Dick Date: 05/25/0] Re; Duwarnish Area Project Pages: 01 CC: Jim Morrow • • . Steve: I want to keep you informed as to the Districts proposed schedule for construction of the Duwamish area utility project The schedule is dependent on two factors at this point easements, and Tukwila's plans for the roadway improvements. Easements : Prior to the open house held at the Tukwila Community Center I mailed out letters to the 20 property owners I need to get Sanitary Sewer, Water, and Storm Sewer easements from. I enclosed a copy of a map showing the proposed easement location, and encouraged them to attend so that we could begin the process of negotiating the easements. Only three of the property owners I needed to talk to showed up at the meeting. While initially disappointed, I have avi: �4' ie,. �r "c.a• +ia5i:- ftF1�!:is,',M:vi� ��' e; �ra�•:3! L:' fl: i,^+ 7: �S; tiiJaozmrw,+ �.: Ywu' �'. 4fat +ha'+.tdtsilia:;it�:�rttras �;e Wt��;• . • Fax: 43]-3665 [Click here and type address] • • DaVELOPMENT NO.909 D01 '05.135'2001 10:38 UAL UUE SEWER DISTRICT 4 4313665 since been making individual contact and am having good success acquiring easements and scheduling meetings to discuss line location. There is one possible exception, which is the easement needed for the pump station. This easement involves an apparent encroachment by one property owner onto his neighbors property and is more complex than typical. However, I am in contact with the property owners attorney, and hope to resolve the issues in the next few weeks. If not, the District Intends to condemn the easement. This easement is critical. if the property owner fights condemnation It could delay the project until next year. If the Property owner agrees to the use and necessity order, and if the Roadway improvements are not included in the scope of work, construction can proceed this year on the following schedule: 1) Design, bidding, and Val VueiTukwila approval of construction contract by July lst 2) Construction begins In July, 120 days allowed for completion, completed by early November. Roaciway Improvements: If the City Council decides to go ahead with the proposed roadway improvements the schedule is harder to pin down. Completing the design work for the roadway Improvements will push the construction start until August, which will not allow enough time to finish all the work this year. It might be best to do the project In two phases; Sanitary Sewers and Storm Sewers this year NO.909 D02 As( .:?to' +:8'�P >•wK••aaw;t ? °..:vura iir9'ks ila::::r'.:`c ^d +�x%t•�5:- ;::.:::di:raci °'•x�'; k. • • `Goi.4"k , '05/ P5/ 2 001 10:38 UAL UUFSEWER DISTRICT 4 4313665 Water and final Roadway work next, perhaps. The PWTF money does not have to be spent until 2004, so funding will not be jeopardized If the project is unavoidably delayed. My own sense from talking to residents at the meetings, and one - on-one is that the need for sewers Is recognized. The District does intend to proceed with construction of the Val Vue portion of the project this year, unless easement acquisition, or the Roadway Issue slows things down. If you need clarification on any of this please call me. Dana Dick Val Vue Sewer District (206) 242.3236 (206) 242 -1527 fax NO.909 D03 To: From: Date: Subject: City of Tukwila Background * including design costs Department of Community Development Steve Lancaster, Director MEMORANDUM Mayor Steve ullet, Tukwila Ci Council Members Steve Lancas r, Jim Mono May 24, 200 Duwamish storm drainage and sidewalk improvements: Neighborhood Meeting held May 22 The Public Works and Community Development Departments have identified an opportunity to upgrade the streetscape in the Duwamish Neighborhood in coordination with ValVue sewer and water improvements scheduled for construction this summer /fall. The goal is to effectively piggyback street and pedestrian amenities onto the utility project both to increase the feasibility of the streetscape improvements and to ensure that local streets would only be torn up once. This would be one of several steps the City would take to implement City goals to improve and energize residential neighborhoods, in line with Comprehensive Plan neighborhood revitalization goals. On May 8, the City Utilities Committee gave permission for the Planning and Public Works Departments to hold a neighborhood meeting to gauge interest in having this type of additional streetscape improvements added to ValVue's sewer and water project. If neighborhood support for the streetscape improvements was evident, the meeting's second purpose was to further refine staff's conceptual design for the streetscape. Staff conceptual alternatives generated include: • Concrete curb and gutter (both sides of street) • Concrete sidewalks (one or both sides) • On- street parking (one or both sides) • Additional storm drainage improvements • Water quality facilities per Department of Ecology guidelines • Consolidation of utility poles /lines on one side of ROW This project could serve as a pilot project for other similar opportunities in Tukwila. For example, similar utility projects are scheduled for Allentown and Foster Point in late 2001 and 2003 respectively. Capital Cost and Funding Preliminary estimates for the City of Tukwila Street Improvements indicate a cost range of $350,000 - $450,000*, depending on the conceptual design chosen. Funding for the ValVue portion of the project is via a Public Works Trust Fund loan repaid through an interlocal agreement between the City and ValVue. Funding for the additional staff proposed improvements is available utilizing existing funding allocated in the 6 -year Financial Planning Model. There is potential for reimbursement of approximately $100,000 in costs through Community Development Block Grant funds for neighborhood capital projects. A detailed funding proposal is being developed and will be submitted to the Tukwila City Council before a final project decision. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Steven M Mullet, Mayor May 22 Neighborhood Meeting Notice of the meeting was via a May 10 mailing to all neighborhood homes and taxpayers of record. A flyer was also hand - delivered to neighborhood homes on May 10` Approximately 25 citizens attended the open house and presentation held May 22 at the Community Center. We estimate that this represents approximately 15 of the estimated 70 households existing in the project area. While there was a substantial amount of participation in the discussion, there was no clear consensus about the proposed streetscape improvements. Roughly one third saw no need for the additional streetscape improvements, for various reasons including: - didn't want the Valvue sewer improvements anyway - concerned about losing their current use of the public ROW for lawn area or other landscaping - didn't see the need for change to the existing neighborhood While the remainder of those who spoke supported some level of improvements, there was no overall consensus on the nature of improvements that should be made. Some supported sidewalks on both sides, some on one side only, and others saw no need for sidewalks. Some wanted on- street parking, others did not .While there was no consensus or clear majority on any of the improvements, there seemed to be the least resistance to a 20 -24 foot vehicle passage area with rolled curb and gutter on both sides. There was also a clear neighborhood interest in having more time to think about potential improvements and in having a centerline survey completed so impacts to individual properties could be assessed. Staff Comments This neighborhood is going to change in the next 5 -10 years. Based on recent development in Allentown, Duwamish will undergo substantial development once basic water and sewer infrastructure is in place. ValVue's projected sewer hookups and a DCD development capacity count (at current minimum lot size), estimate that Duwamish could go from approximately 70 homes to 160. With this level of change, existing concerns regarding pedestrian amenities, on- street parking and storm drainage will grow. While new development of plats of 5 or more are required to provide frontage improvements such as sidewalks, storm drainage, etc, most of the development in Duwamish will be in the form of two or perhaps three lot short plats. This type of development requires limited storm drainage - related improvements on the developing property only. Options: 1. Ask ValVue to delay their project until the spring. This would allow time for a more in - depth Duwamish neighborhood process to determine whether and what improvements the neighborhood would like to see 2. Request that staff develop an improvement plan that attempts to balance the concerns of participants in the May 22 meeting with the goals of improving surface water management and pedestrian amenities. Such a plan would then be presented to the City Council on June 11. 3. Continue with the ValVue project as planned, with no change to schedule or scope. The Val - vue project will provide basic water and sewer infrastructure in line with City development standards. Minimal storm drainage catchbasins and storm pipe will be installed. Associated surface ROW improvements will involve in -kind replacement of pavement to the former 20 foot width. There will be no curbs or sidewalks added and the streets will continue below City standards after Val -vue improvements are completed. Utility poles will remain as currently sited. 4ir,4,i. i%, a , 443 i;1; `.?h'hYMhk`�' 'K .fit y.. sa4:.• r?t*rY.'rhln4t`Y.jeJn% 6) Conceptual Design a) Constraints: NOTES: fl 7) Other design options you would like to see 8) Other neighborhood concerns Du 'nish Neighborhood Meeting Tuesday, May 22, 2001 10' travel lanes area for utility poles 7-8' parking area width 4-5' sidewalk width all alternatives include similar storm drainage improvements 9) Next Steps: ' a) Tonite's Neighborhood Conceptual Design will be forwarded to the Tukwila City Council's Tuesday, May 29 meeting (next Tuesday) for approval to go into final design with ValVue's Engineer Design Consultant. b) When a detailed design is complete, a second Duwamish Neighborhood Meeting will be held for neighborhood design review and commentary. More information will be available at that time (ROW survey lines, location of catch basins, etc.). c) Final design will be completed, and preliminary construction schedule distributed. d) Construction will begin mid to late summer and be complete sometime this fall. YOUR Departments of Public Works and Community Development City contacts: Mike Cusick 433-0179 or Alice Strand 433-7163 ValVue contact: Dana Dick 242-3236 2 u.r.e z 1 z u-1 2 O 0 CD CI CD IL W F- WOE to a I a To: From: Date: Subject: Background City of Tukwila Department of Community Development Duwamish Existing Conditions MEMORANDUM Steve Mullet, Utilities Committee Members Steve Lancaster, Jim Morrow May 1, 2001 Duwamish water, sewer and sidewalk improvements The Public Works Department has been working with Val -vue Sewer District to coordinate design and permitting of water, sewer and storm drainage improvements primarily within City- owned ROW in the Duwamish neighborhood. These improvements are anticipated to begin construction in mid summer of 2001. In view of Comprehensive Plan neighborhood revitalization goals, Public Works and Planning Division staff identified an opportunity to explore the feasibility of upgrading the streetscape in coordination with the Val -vue project. The goal was to effectively piggyback street and pedestrian amenities onto the utility project so that the streets would only be torn up once. This would be one of several steps the City would take to implement City goals to improve and energize residential neighborhoods. The Duwamish neighborhood was annexed from King County in 1989 along with Allentown and Foster Point. Because it was developed under King County jurisdiction, Duwamish infrastructure does not meet minimum City development standards. Substandard water facilities and no sanitary sewer facilities have led to a virtual moratorium on building and redevelopment permits in Duwamish. The majority of streets have a ROW width of 40 feet but are paved to about 20 feet. There is no coordinated sidewalk system and the lack of curb, gutter and storm drainage facilities results in frequent flooding of those walkways that do exist. Electrical and telephone utility poles and overhead lines are located on both sides of the street. Val -vue Improvements The Val -vue project will provide basic water and sewer infrastructure in line with City development standards. Minimal storm drainage catchbasins and storm pipe will be installed. Associated surface ROW improvements will involve in -kind replacement of pavement to the former 20 foot width. There will be no curbs or sidewalks added and the streets will continue below City standards after Val -vue improvements are completed. Utility poles will remain as currently sited. Steven M. Mullet, Mayor Steve Lancaster, Director Pa e 1 of 3 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Staff Proposed Improvements Based on conceptual designs, staff has determined that a range of additional street and pedestrian improvements are feasible in terms of both the Val -vue construction schedule and estimated capital costs. z Conceptual alternatives generated include: ,1 w • Concrete curb and gutter (both sides of street) ce 2 • Concrete sidewalks (one or both sides) -J v • On- street parking (one or both sides) v co o • Additional storm drainage improvements co cu Lu • Water quality facilities per Department of Ecology guidelines F co u- • Consolidation of utility poles /lines on one side of ROW w O 2 Neighborhood Livability Impacts g • Raised curbs and improved storm drainage will direct storm water to catchbasins and = d additional storm pipes. This will clean up the mud and standing water that currently Z = accumulates on walks and along street edges. Pedestrians will be less likely to be splashed by passing cars or to traverse puddles to access cars. z O 1-- • Raised concrete sidewalks, curbs will define the street edge. The widening of the streets will 2 _ result in a more open feel to the neighborhood and allow for more organized parking of cars. v 0 This will result in a more inviting neighborhood when viewed both from the street and from o - within homes. w • Driveway accesses will be formalized using curb cuts. This will result in more definition = v between driveways accessing homes and lawn edges near driveways. u 0 • Utility poles and lines will be consolidated on one side of the ROW. This will provide an id Z affordable alternative to undergrounding utilities while improving neighborhood aesthetics. 0 ~ '— Aside from the physical improvements to the neighborhood, the streetscape can play a pivotal z role in creating a sense of quality, pride and community in residential neighborhoods. Sidewalks provide not only a circulation network for pedestrians but can serve as a meeting place for neighbors and a play area for children.' In Duwamish, the pedestrian amenities will provide a safer, more walkable street environment on a scale in keeping with neighborhood character. With this in mind, it is likely that more people will be seen using the sidewalks. There may also be more "eyes on the street ", improving neighborhood safety in general. Using the Public Right of Way to create this sense of quality, pride and community is not a new idea. The concept is that an improvement in pedestrian amenities, and "curb appeal" may result in complementary property owner investments. These are anticipated to have a snowball effect, resulting in the gradual improvement of housing quality, increased owner- occupied housing and infill development in residential neighborhoods. Overall, the proposed project provides an opportunity to cost - effectively demonstrate the City's commitment to residential neighborhoods and quality of life issues. It affords a means wherein established residential neighborhoods that are below City standards can be improved economically in conjunction with utility projects. This project could serve as a pilot project for other similar opportunities in Tukwila. For example, 1 American Society of Civil Engineers, National Association of Home Builders, Urban Land Institute, Residentia /Streets, ASCE, NAHB, ULI, 19.90 Page 2 of 3 ._�_, • i:: S. �iri :.e .`;��- '?;4.a�J..-- eYL+.�cH • • ,. vSi� similar utility projects are scheduled for Allentown and Foster Point in late 2001 and 2003 respectively. Capital Cost and Funding Preliminary estimates for the City of Tukwila Street Improvements indicate a cost range of $350,000 - $450,000 *, depending on the conceptual design chosen. Funding for the Val -vue portion of the project is via a Public Works Trust Fund loan repaid through an interlocal agreement between the City and Val -vue. Funding for the additional staff proposed improvements is available utilizing existing funding allocated in the 6 -year Financial Planning Model. There is potential for reimbursement of approximately $100,000 in costs through Community Development Block Grant funds for neighborhood capital projects. A detailed funding proposal is being developed and will be submitted to the Tukwila City Council before final project approval. Next Steps 1. The Utilities Committee of the City Council approves DCD and Public Works scheduling a neighborhood meeting to determine interest in the proposal and to further refine the conceptual streetscape design. 2. Public comments from the meeting will be incorporated into the final proposal and circulated to council. 3. DCD and Public Works will bring the refined conceptual design and funding details to the COW on May 29 for approval. The final conceptual design will then go to Val -vue's design consultant for final design. 4. Together, the Val -vue and City portions of the combined project will go to bid later this summer. * including design costs Page 3 of 3 4.1•;•• 'r:.vs • v -1 ;',vie m ;Viv rshk Penhallegon Associates Consulting Engineers, Inc. Engineering Planning Surveying Ms. Moira Carr Bradshaw City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington, 98188 Subject: City of Tukwila/Val Vue Sewer District Joint Project Duwamish Area Improvements SEPA & Shoreline Application Submittal Dear Ms. Bradshaw: cc: Mike Cusick - City of Tukwila Dana Dick - Val Vue Sewer District P:\P00 \00 11.00\Does\sepa shoreline supplemental information.wpd ' Federal Way 253.568.6500 February 26, 2002 Per your request please find enclosed the following supplemental information for the SEPA & Shoreline Application submittal: 1. Assessors maps indicating the area of mailing notification . 2. Mailing labels for the property absentee property owners. If you have any questions or need additional information, please contact us. Sincerely, PE HALLEGON ASSOCIATES CO S LING ENG E RS, INC. Robert D. Stanton, P.E. Vice President Kirkland 750 Sixth Street South • Kirkland, WA 98033 P. 425.827.2014 • F. 425.827.5043 Portland 888.723.7853 FI ECE 4P% E 2 6 ?402 Seattle 206A41.1855 .ayxeu <tiar.. • CITY OF TUKWILA NOTICE OF APPLICATION PROJECT. INFORMATION Val Vue Sewer District has filed applications for the construction of lines and facilities for sanitary sewer, domestic water, and storm sewer and street improvements consisting of curb, gutters, sidewalks in some locations and an asphalt overlay. The project location is in the Duwamish neighborhood generally bounded by the Duwamish River on the north and east and Interurban Avenue and East Marginal Way on the west. Permits applied for include: Shoreline Permit Other known required permits include: State Electrical Permit; Right of Way Use Permit and Easements Studies required with the applications include an Environmental Checklist and an Endangered Species Act Screening Checklist, which have been submitted and will lead to a Determination of Significance or Nonsignficance. FILES: AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the Department of Community Development (DCD), located at 6300 Southcenter Boulevard, Suite 100. Files include: L02 -005 — Shoreline Permit; E02 -006 — SEPA Decision PPORTUNITY;FOR PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., 30 March 2002. You may request a copy of any decision and your appeal rights by calling DCD at (206) 431 -3670. Appeals of the Shoreline Substantial Development permit shall be to the State Shoreline Hearings Board pursuant to the Revised Code of Washington Chapter 90.58, The Shoreline Management Act of 1971. For further information on this proposal, contact Moira Carr Bradshaw at (206) 431 -3651 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. or by email at mbradshaw @ci.tukwila.wa.us. Application Filed: February 14, 2002 Notice of Completeness Issued: February 26, 2002 Notice of Application Issued: February 28, 2002 yv!:w:?X..i .r.�s m.....rr.�,,.v. rrt+„wrnr..�....;..+� n..sr�nw�rt.+.Mtr'a?!� z I - w ,J U 000 co tu J H w Q I cn w z F �- w ~ o - o I- w w I. � � • b- = O ~ z City of Tukwila I TOM MUD A NT1111DMIONWIT Vicinity Map — Va o e Duwamish Area Sewer Improvements *' � ,�rr.�.. a..n...�m . �, `� �•. ay�� .enr,,+,v.*sma�.r.��m+ Z iF- W re 2 ,J U U CO J = F- U) LL W O g to = I I. W Z I- O Z I- w • w 0 O • 52 O I- W W . _ H 0 .• Z W U = 0~ Z R. ► ❑ d 1101 0 mu f ON N31Y38Y3 101* Fri 1011 O1* 1 - 1 11114 9 ON 1N31Y3SY3 r`1 l*11 0 a IA1 I • a � 0 ► ► a ET ■ K \ \ \ I 1N31Y38Y3 � 1N31Y38Y3 ///7/////rryit / //7 i, r-) R11 3 NA I ' ( 13 .S'IVOS OlfidV ID cD*N1 LL r 7j111 - 00Z 0 00Z jj T th M � g 'QL31138Y3 .."°° I .1e / I a p wu X I LJ Z 'ON 1N31138V3 �j am Q 'ON 1N31Y38Y3 D E � 1 *i*mg juawasP3_ s�uawanoaddW J vary gisiwenAnQ PPIJ)s!Q JannaS anA IrA \N\ 1\ \ \� \ \ N c°, 133tl13 41L1 'B OZO .l* 1N31Y38 Li WI1 D p G7,3 c a � RI*❑ . 3 3ti1B 41911 ' B ❑ I�T 1n* 1 0 � n C] a BILLN31Y38 1W L# 1N311 SY 1 ` MVP' ■ 1 NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR1HAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. Consulting on Associates City of Tukwila Parcel Numbers and Duwamish Area Sewer Improvements Y O H = TOM A = V IIIMINNNIff• OMB DIBTEICT Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I, g 4,6 c4 HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non - Significance Notice of Public Meeting Mitigated Determination of Non - Significance - - ', 0A-ta-. / Board of Adjustment Agenda Pkt I Mailer's Signature: �ir, Dr g24 Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda 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 year 20o2. P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003 :31 PM day of 11 idiin the Penhallegon Associates Consulting Engineers, Inc. Engineering Planning Surveying Ms. Moira Carr Bradshaw City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington, 98188 Subject: Dear Ms. Bradshaw: P:\P00 \00111.00\Docslsepa shoreline submittal.wpd Federal Way 253.568.6500 February 14, 2002 City of Tukwila/Val Vue Sewer District Joint Project Duwamish Area Improvements SEPA & Shoreline Application Submittal Per our recent meeting and the requirements for the SEPA and Shoreline submittal, please find the enclosed information: 1. Check for $ 875.00 for permit processing. 2. SEPA and Shoreline application check lists. 3. Six copies of the SEPA application. 4. Eight Copies of a Vicinity Map, Site Map, and Easement Map. 5. Six copies of the Environmental Checklist. 6. Two sets of mailing labels as discussed. 7. Four sets of reduced plans for Utility Plan, Topo, and cross sections. 8. Eight copies of the Shoreline Application. 9. Eight copies of the Shoreline Regulations Document. 10. Eight copies of the ESA screening list. 11. Eight copies of the topographic survey, composite utility plan, and shoreline cross sections. Please review this submittal and let me know if there is any additional information required. As we , discussed we would like to proceed with the two processes together but would like a determination on SEPA as soon as allowed to proceed with that portion of the project if necessary. If you have any questions or need additional information, please contact us. cc: Mike Cusick - City of Tukwila Dana Dick - Val Vue Sewer District Sin rely, PE C Kirkland 750 Sixth Street South • Kirkland, WA 98033 P. 425,827.2014 • F. 425.827.5043 Portland 888.723.7853 7-.x u s• 644,.'. +�." - Rob" D. Stanton, P.E. Vice President ON` G EN 04 . 21 2002 Seattle 206.441.1855 None A. BACKGROUND 1. Name of proposed project, if applicable: Duwamish Area Improvements 2. Name of applicant: Val Vue Sewer District 3. Address and phone number of applicant and contact person: Applicant: Val Vue Sewer District 14816 Military Road South P.O. Box 69550 Tukwila, WA 98168 Mr. Dana Dick; District Manager (206) 242 -3236 ENVIRONMENTAL CHECKLIST 4. Date checklist prepared: February 2002 5. Agency requesting checklist: City of Tukwila 6. Proposed timing or schedule (including phasing, if applicable): Construction in Spring /Summer /Fall of 2002 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. FEMA Flood Insurance Maps ( Dated May 1995 ) RECEIVED [F13 ; f DEVELOPMENT PMENT Contact Person: Bob Stanton, P.E. Penhallegon Associates Consulting Engrs. Inc. 750 Sixth Street South Kirkland, WA 98033 (425) 827 -2014 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: None 1 10. List government approvals or permits that will be needed for your proposal, if known. City of Tukwila Shoreline Permit, State Electrical Permit, Right of Way Use Permit and Easements 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The Duwamish Area Improvements project includes installation of sanitary sewer (5200 lineal ft. of 8" and 1600 lineal ft. of 6 "pipe), domestic water (4100 LF of 8 "pipe), and storm sewer facilities (catchbasins,1600 LF of 12 "pipe, 1600 LF of 18" pipe, and water quality vault). Sidewalk is added or replaced on one side of the street, and existing streets are reconstructed with curb and gutter or asphalt overlay. The sanitary sewer provides an alternative to existing on -site septic systems. The water is to replace undersized water lines. A new lift station is proposed to be located underground adjacent to the Interurban Trail & the westerly projection of S 117 Street. This lift station will pump to the existing Seagate Pump Station located at S. 116 St. and East Marginal Way. A new emergency generator will be located adjacent to the Seagate Pump Station and new electrical service will be installed by boring or jacking. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. North 47° 2' 54" West 122° 17' 17" The Duwamish Project area is bounded by the Duwamish River on the north and east, East Marginal Way on the west and SR 599 and Interurban Ave S. on the south. Streets include S. 116 St., S. 117 St., S. 119 St., 39 Ave. S., 40 Ave. S., 40 Pl. S., and Interurban Pl. S. (See attached Vicinity Map.) B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one): Flat., rolling, hilly, steep slopes, mountains, other b. What is the steepest slope on the site (approximate percent slope)? Less than 5% 2 z _i- '~z o: .J U 00 W o W = LL w • Q = • a z = I— O Z I- w U • � O - O H w w I- 0 L I O w z O - O z None c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The project area soils include loose sandy silt (ML), poorly graded sand (SP) with silty sand. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. - This project is trenching for sanitary sewer, water and storm sewer, including excavation for stormwater vault and lift station and construction of a new road section. Approximately 12,000 cy of export materials and approximately 12,000 cy of import materials. Some minor grading will be required for the lift station. The unsuitable fill material will be hauled off site to an approved site and imported fill will be obtained from an approved source determined prior to the start of construction as per City of Tukwila standards f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Some minor erosion could occur during construction. The major earthwork is trenching for the sewer, water and storm water lines and excavation for the water quality vault. Road reconstruction occurs in existing.roadways. During construction on the pump station some minor erosion could occur. Erosion will not occur on the completed site. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? This project consists of utility and street improvements in the public right of way and on easements. The increase in impervious area is a result ofstreet widening and sidewalks. The existing streets are approximately 65,000 square feet and the improved streets with sidewalks will be approximately 89,000 square feet. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: An erosion control plan will be implemented. Runoff from pavement surfaces and groundwater from trench de- watering will be filtered and settled before discharge into the existing storm system. CB filter bags, straw bales, silt fences, etc. will be installed Standard operation procedures and Best Management Practices of the City of Tukwila will be followed. 3 z '~ w JU O 0 co o LII J • w w u Q I I -w z = 1- 0 z 1- w w U O O F- ww I H rz ti 0 . .. z. w 0 z 2. AIR No 3. WATER a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Typical emissions associated with paving and operation of construction equipment, and dust associated with excavation and bacll can be anticipated during construction. b. Are there any off -site sources of emissions or odor that may effect your proposal? If so, generally describe. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Standard methods of reducing impact to air will be utilized and include muffling on all heavy equipment, as well as street sweeping, vacuuming, and/or washing, and watering as required. a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into.` Yes, the Duwamish River which flows into Puget Sound. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes, Some sanitary sewer, water, and storm sewer lines will be within 200 ft of the Duwamish River at five locations. The storm water will be conveyed through an existing outfall into the Duwamish River near Interurban Pl. S. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water to wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 4 a,_ uik, �tkak�. 3�' iS�:: i.:..: its>Ytn'+`Ea:.r,F,�jy`: <i..�1'i l.:k C'cx.�:f k: �7%e! �f4e. k��: u: S�7iF 'dmiLi.A'r'sN✓af+Yi1.Nn.:.utid 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. The new sanitary sewer, storm, and water lines do not fall within the 100-year flood plain of the Duwamish River.. The storm water is discharged into an existing outfall into the Duwamish River near Interurban Pl. S. The Duwamish River Flood Plain is contained within the river 's steep banks as shown on the FEA'IA Flood Insurance z tu Maps. Q Q J 6) Does the proposal involve any discharges of waste materials to surface v p co waters? If so, describe the type of waste and anticipated volume of co w discharge. .-I ~ w 0 No g Q b. Ground co d 1) Will ground water be withdrawn, or will water be discharged to ground _ water? Give general description, purpose, and approximate quantities if ? i— known. Zo w 2 o 0 to 0— 2) Describe waste material that will be discharged into the ground from septic w w tanks or other sources, if any (for example: Domestic sewage; industrial, i-- containing the following chemicals ... agricultural; etc.). Describe the general z size of the system, the number of such systems, the number of houses to be w �. served (if applicable), or the number of animals or humans the system(s) are -- expected to serve. z No None. The project provides an alternative to the existing septic tanks, which can be abandoned in place when houses connect to new sanitary sewer service. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Stormwater runoff presently shee to the roadside or to a limited piped conveyance system which discharges to an existing storm ou into the Duwamish River. All stormwater runofffrom the existing reconstructed roads will be directly connected to a piped conveyance system when the project is completed. The outflow from the project area will be via the same existing stormwater conveyance and ou pipe into the Duwamish River. 2) Could waste materials enter ground or surface waters? If so, generally describe. No. The sanitary sewer provides an alternative to the existing on -site septic 5 i ntuaYa�, .t +: r ?; tnsvrz"3 kktG rAt t4Zii061 ). • • ' 4. PLANTS 5. ANIMALS 6 systems, therefore improving any chances of waste materials from entering ground or surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: An erosion control plan will be implemented Runoff from pavement surfaces and groundwater f •om trench de- watering will be filtered and settled before discharge into the existing storm system. Standard operation procedures and Best Management Practices of the City of Tukwila will be followed. a. Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other: X shrubs, X grass _ pasture _ crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other _ water plants: water lily, eelgrass, milfoil, other _ other types of vegetation: b. What kind and amount of vegetation will be removed or altered? During construction some vegetation such as grass, shrubs, and other small plants may have to be removed c. List threatened or endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None. The project is within existing street right of ways or existing easements. Some minor landscaping may be required at the lift station site or within non paved easements. a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: Urban migratory birds mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. a41:rk'::r-63(` :3 vewa.thk is Salmon and trout in the Duwamish River. c. Is the site part of a migration route? If so, explain. Not to our knowledge d. Proposed measures to preserve or enhance wildlife, if any: None. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric, to operate the Seagate Pump Station and the new lift station. No heating is required for either. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The lift station pumps operate only on an as needed basis. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Working with sewer mains can pose a health hazard to construction workers who must cut or break those mains in the course of making connections. 1) Describe special emergency services that might be required. None 2) Proposed measures to reduce or control environmental health hazards, if any: 7 f " .t.tiri4444 M:�i : "WixAeae,r �.cea. ittiF:ti None b. Noise None 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? 2) What types of levels of noise would be created by or associated with the project on a short -term or a long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Typical noises associated with construction equipment will occur during installation of the utilities, road reconstruction, and paving. 3) Proposed measures to reduce or control noise impacts, if any: Construction activities will be limited to normal daytime working hours as allowed by the City of Tukwila 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The project is located entirely within an area of single family residential use. b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. None within areas where the sewer and water facilities are to be placed. The project is within existing street right -of -way and easements. d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? Low Density Single Family f. What is the current comprehensive plan designation of the site? k fc' sA:i�iR; }?i6 >,d: ".a. dr-a�vv;+c'4, 8 Low Density Residential (LDR) g. If applicable, what is the current shoreline master program designation of the site? Urban h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No, however some of the utility lines are within 200' of the Duwamish River in five locations. These are sanitary sewer, storm, and water lines which will be installed under existing streets and easements. i. Approximately how many people would reside or work in the completed project? There are an estimated 125 people living in the project area. j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None required. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: This project is a result of a joint effort between the City of Tukwila and Val Vue Sewer District. The project is part of the City's overall program to improve public services in the Duwamish areas of the City. Val Vue Sewer District has identified this project as the highest priority of the District's. capital improvements plan because of the serious deficiencies associated with the facilities and the significant benefits which the project will provide to the Duwamish area residents. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. NA b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. NA c. Proposed measures to reduce or control housing impacts, if any: 9 NA 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas: what is the principal exterior building material(s) proposed? The sewer and water lines are underground The lift station will be underground b. What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: NA 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None . b. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off - site sources of light or glare may affect your proposal: None . d. Proposed measures to reduce or control light and glare impacts, if any: None 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity. Interurban Trail b. Would the proposed project displace any existing recreational uses? If so, describe. None 1 ..,.. 371∎N,'rill.,k <sbeka`Jtri ss .Fr : ,:: . 2dir.> k4) r3; iui; dniis .4.;x�rawu.TSk: ?.iefciiuy eri uti;:ru tuaxw..ii :a.v.oa:.ntwi.a..w,�u •rr »rvF..�..+y+n::n�a:.a »:. .m•+R :,..v;v.:i �..�:xtY,lseoraC- r3tara c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known c. Proposed measures to reduce or control impacts, if any: Not Applicable 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. See project maps. Access to the site is via Interurban Ave. S. and East Marginal Way. Streets included in the project area are: S.1 16th St., 39 Ave. S., S. 117' St., 40 Ave. S., S. 119 St.., Interurban Pl. SE and 40 Pl. S. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes. King Co. Metro Routes 154, 170 and 174 None. This utility and road reconstruction project will not add or eliminate parking. 11 c. How many parking spaces would the completed project have? How many would the project eliminate? d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No new roads will be constructed. New curb, gutter and 24 ft wide street section will be reconstructed on the following existing public streets: S.116th St., 39 Ave. S., S. 117 St., and 40 Ave. S. Sidewalk will be included on one side of the reconstructed streets. The existing streets Interurban Pl. SE and 40 Pl. S. will be overlaid. S 119 Street will be baaet".. �. `t '=:'. a:•: 3' v' �r�SNiiEi ;btsi ".•d +;cwk�ttitis�iz ,ka<bhrrt widened to 18 feet which includes a 4 foot wide paved path. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not Applicable g. Proposed measures to reduce or control transportation impacts, if any: The new sewer, water and storm water pipes will be installed within existing public street right -of -ways. Reconstruction of the existing streets will be in accordance with City of Tukwila requirements. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, school, other)? If so, generally describe. No b. Proposed measures to reduce or control direct impacts on public services, if any. Not Applicable 16. UTILITIES a. Circle utilities currently available at the site: electricity, Natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing service, and the general construction activities on the site or in the immediate vicinity which might be needed. The Duwamish Area Improvements project includes installation of sanitary sewer (5200 lineal ft. of 8", and 1600 lineal ft. of 6" pipe), domestic water (4100 LF of 8" pipe) and storm sewer facilities (1600 LF of 12 "and 1600LF of 18" pipe and a water quality vault). The sanitary sewer provides an alternative to existing on -site septic systems. The water line replacement is to replace existing undersized water lines. The storm sewer pipe is to connect new catch basins to an existing conveyance system connected to an outfall to the Duwamish River. The stormwater wetvault will provide water quality treatment prior to discharge. Sanitary sewer is provided by Val Vue Sewer District; water and stormwater services are 12 C. SIGNATURE Signature: provided by City of Tukwila. The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Robe frt D. Stanton Date Submitted: -2 1\ 4 r �' w ECEI FEB Z Criteria for King County Shoreline Management Regulations, Title 2�� QUpi�l7y Project Description: The Duwamish Area Improvements project area is bounded by the Duwamish River on the north and east, East Marginal Way on the west and SR 599 and z Interurban Ave. S. on the south. Streets include S. 116 St., S. 117 St., S. 11-:_,, 119 St., 39 "Ave. S., 40 Ave. S., 40 Pl. S., and Interurban Pl. S. The in Duwamish River in this vicinity is considered an urban environment. 6 0 o The Duwamish Area Improvements project includes installation of sanitary sewer co w (5200 lineal ft. of 8" and 1600 lineal ft. of 6" pipe), domestic water ( 4100 LF of 8" I pipe), storm sewer facilities (catchbasins, 1600 LF of 12 " pipe, 1600 LF of 18" u) u _ pipe, and water quality treatment vault). Sidewalk is added or replaced on one 2 o side of some existing streets, and existing streets are reconstructed with curb and gutter or asphalt overlay. The sanitary sewer provides an alternative to existing "- a on -site septic systems. The water is to replace undersized water lines. A new lift = a station is proposed to be located underground adjacent to the interurban trail and Z III the westerly projection of S 117 Street. This lift station will pump to the existing o Seagate • Pump Station located at S. 116 St. and East Marginal Way. A new z I- UJ emergency generator will be located adjacent to the Seagate Pump Station and w new electrical service will be installed by boring or jacking. o o— o F- Description of project features within the shoreline environment: w in I- o All portions of the project lie outside of the river. One project area lies within the z river zone .(within 50 feet of the river) and one lies within the low impact zone (50 id co to 100 feet from the river). The five project areas with improvements within the o - river zone are: z 40 Avenue South Low Impact Zone at 50 feet from the river edge and 28 feet from the top of bank: two catchbasins and storm pipe, sanitary sewer manhole and pipe, water main and road reconstruction. Between Tax Parcel 0045 and 0225 At 170 feet from river edge and 150 feet from top of bank (high Impact zone): sanitary sewer main. Tax Parcel 0160 At 180 feet from river edge and 155 feet from top of bank(high impact zone): sanitary sewer manhole and main. Tax Parcel 0022 ( Interurban Pl. S.) At approximately 105 feet from the river edge (high impact zone): water main, sanitary sewer manhole and main, and road overlay. P :\P00 \00111.00 \Docs \Criteria King Co Shoreline Regs.doc Page 1 02/14/02 i?& ..zoi f-a& a—Ni8c'k:C4i4rr. ,'sl'Yea sliaiisi! S. 119 St. At 38 feet from river (river zone) and 10 feet from top of bank: road reconstruction, and water main. At 75 feet from top of bank (low impact zone): sanitary manhole and main. King County Shoreline Management Regulations, Title 25 The following text is from Title 25, with italicized comments added to address project issues. 25.16.030 General requirements. A. Nonwater related development and residential development shall not be permitted waterward of the ordinary high water mark. w Q . B. Except in those cases when the height requirements of the underlying zones = w are more restrictive, no structure shall exceed a height of thirty -five feet above Z !- . average grade level. z o ul . This project includes only below and at -grade structures within the shoreline � o zone (within 200 feet of the river). o cn I- C. All development shall, be required to'comply with.K.C.C. chapter 9.04 to = w control runoffand to provide adequate surface water and erosion and sediment t- o control during the construction period. w z U - . The project provides stormwater quality treatment for project roadway runoff via an Ecology - approved proprietary device (Stormceptor). Stormwater detention is z not provided, based on proximity to the area's existing discharge point in the Duwamish River. As determined by the City of Tukwila, providing detention would have no beneficial effect for the Duwamish River with regard to peak flow control or stream bank erosion protection. An erosion and sediment control plan is included in the project construction plans. No parts of this project occur waterward of the ordinary high water mark. D. Development shall maintain the first fifty feet of property abutting a natural environment as required open space. The project improvements abut within 50 feet of the river bank at two locations: North end of the 40 Ave. S. right of way, the project improvements lie 50 feet from the river edge and 28 feet from the top of bank. The existing roadway ends at a guardrail. The project proposes to widen the road approximately 4 feet at this location and add curbs and gutters and sidewalk on one side of the street. The use of this public space is unchanged. P:\P00 \00111.00\Docs \Criteria King Co Shoreline Regs.doc Page 2 02/14/02 fYbt '.+':::vrF "ra:4x:.bif.:.i�Y,•'. 1s. ^4•1.1% :::r ifaLe::nrwrTN4' S. 919 St. right of way, project improvements lie 38 feet from the river and 10 feet from top of bank. The existing roadway ends at the pedestrian bridge. The project adds a water main, and widens the road approximately 5 feet, and includes a paved path. The use of this public space is unchanged. z _i w JU U O U ° Ili = w Q . =w The project provides stormwater quality treatment for project roadway runoff via z an Ecology- approved proprietary device (Stormceptor) prior to connection to the z o existing ouffall to the Duwamish River. j G. The regulations of this chapter have been categorized in , a number of o N sections; regardless of the categorization of the various regulations, all ° 1, development must comply with all applicable regulations. 0 U. z H. Development proposed in shorelines of the state shall maintain setbacks, w provide easements or otherwise develop the.site to permit a trail to be U constructed or public access to continue where: o 1. There is a proposed trail in the King County trail system; or - z '2. Part of the site is presently being used and has historically been used for public access. E. Parking facilities except parking facilities associated with detached single - family and agricultural development shall conform to the following minimum conditions: (deleted) There is no parking associated with the project. Street tree planting is not included in the project. F. Water quality treatment in compliance with K.C.C. chapter 9.04 shall be required where stormwater runoff would degrade or add to the pollution of recipient waters or adjacent properties. The project includes right of way connecting to the existing pedestrian bridge over the river on S. 119 St. The project provides improved access to the bridge by adding a paved path on one side of the existing street, enhancing public safety and recreational access. The project enhances neighborhood access to the adjacent Interurban Trail by providing sidewalks on one side of S. 116 St. and 40 Ave. S., which connect to the Trail. I. Along shorelines of the state on Lake Sammamish, no building shall be placed on lands below thirty -two and one -half feet mean sea level. The project is not on Lake Sammamish. P:\P00 \00111.00\Docs \Criteria King Co Shoreline Regs.doc Page 3 02/14/02 lfw}`: in!::it1 vA J. The regulations of this chapter are in addition to other adopted ordinances and rules. Where conflicts exist, that which provides more protection to sensitive area shall apply; except that water. dependent uses shall adhere to the applicable regulations and policies of the King County Shoreline Master Program. (Ord. 13190 § 25, 1998: Ord. 9614 § 111, 1990: Ord. 3688 § 403, 1978). _ 1 ;�- z 25.16.040 Agricultural practices. Agricultural practices may be permitted in the g urban environment, subject to the general requirements (Section 25.16.030) of o this chapter, provided (deleted): o co LLI This project neither enhances nor detracts from agricultural practice in the project ,_ u_ area. w 0 25.16.070 Commercial development. Commercial development may be . permitted in the urban environment subject to the general requirements (Section co 25.16.030) of this chapter, and provided: (deleted) w z This road and utility project does not include commercial development. z o 25.16.160 Utilities. Utility facilities may be permitted in the urban environment subject to the general requirements section (Section 25.16.030) of this chapter, o cn. provided: ° ~ A. Utility and transmission facilities shall: _ 0 1. Avoid disturbance of unique and fragile areas; h- _ o 2. Avoid disturbance of wildlife spawning, nesting and rearing areas; z 3. Overhead utility facilities shall not be permitted in public parks, monuments, o _ scenic recreation or historic areas. o z At the shoreline zone, the proposed sanitary sewer, water distribution, and stormwater systems are all at or below existing street or driveway grades in public right of way or easements. The construction areas of the six sites within the shoreline zone do not include fragile or wildlife areas. No overhead facilities are planned, and the project is not within a restricted area as specified in this ' subsection. B. Utility distribution and transmission facilities shall be designed so as to: 1. Minimize visual impact; 2. Harmonize with or enhance the surroundings; 3. Not create a need for shoreline protection; 4. Utilize to the greatest extent possible natural screening. The project utilities are below grade at the five sites within the shoreline zone, thereby minimizing visual impact and harmonizing with the existing surroundings. The utilities do not create a need for . shoreline protection due to their below grade location within the existing streets and driveways. P :\P00 \00111.00\Docs \Criteria King Co Shoreline Regs.doc Page 4 02/14/02 ::'l.at tvWcis - .affi 'Skr:ateil olg- Ault C. The construction and maintenance of utility facilities shall be done in such a way so as to: 1. Maximize the preservation of natural beauty and the conservation of resources; 2. Minimize scarring of the landscape; 3. Minimize siltation and erosion; 4. Protect trees, shrubs, grasses, natural features and topsoil from drainage; 5. Avoid disruption of critical aquatic and wildlife stages. The five shoreline sites are located at existing roadways or driveways. Laydown and equipment storage areas will not be located within the shoreline zone. Construction practice will include compliance with the project - specific erosion and sediment control plan to protect surface water quality, as well as minimizing pollution potential by practices such as limiting fueling to a location outside the shoreline zone, and defining limits of construction and clearing. Maintenance of the utilities will be in accordance with the purveyors' and City's maintenance and operation plans, which include compliance with State water quality protection requirements. Disruption of critical aquatic stages will be avoided by limiting construction activity at the five sites to the land side of the work. Equipment will not approach the work area from the water side, thereby reducing the proximity of construction activity to the water, and reducing the potential for pollution by construction equipment. D. Rehabilitation of areas disturbed by the construction and /or maintenance of utility facilities shall: 1. Be accomplished as rapidly as possible to minimize soil erosion and to • maintain plant and wildlife habitats; 2. Utilize plantings compatible with the native vegetation The restoration features of the erosion and sediment control plan require seeding of disturbed areas within the City of Tukwila- prescribed groundcover window. The shoreline project areas are existing roadways and driveways, where required roadside seeding will be minimal, if at all. E. Solid waste transfer stations shall not be permitted within the shorelines of the state. (Ord. 3688 § 411, 1978). This street and utility project does not include a solid waste transfer station. 25.16.170 Industrial development. A. The provisions of this chapter apply to industrial and manufacturing types of activities including ports. P:\P00 \00111.00 \Docs \Criteria King Co Shoreline Regs.doc lalag'M.a4 1.11:1' GkEisve'bP atiB n:3ga: Page 02/14/02 z _- z w 00 0 J H w w 2 w ? c a = W z � 1= 0 Z ~ 0 0 0 H I LI o ..z w U = 0 z This street and utility project does not include industrial development. 25.16.200 Recreation. Recreational development may be permitted in the urban environment subject to the general requirements (Section 25.16.030) of this chapter, and provided: (deleted) This street and utility project does not include recreational development per se, although it enhances access to the pedestrian bridge over the river on S. 119 St. by providing a paved shoulder from the Interurban trail on S. 119 St. and sidewalk on one side of 40 Avenue S. I. Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies. The project does not include a pathway, but it provides a paved shoulder from the Interurban Trail to the S.119 St. pedestrian bridge over the river, at a point where the steep bank precludes direct river access for most. J. Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area. See response to . l above. K. Water viewing, nature study, recording and viewing shall be accommodated by space, platforms, benches or shelter, consistent with public safety and security. (Ord. 3688 § 415, 1978). See response to I above; while the project enhances pedestrian access by providing sidewalk and paved shoulder, it does not specifically provide viewing structures, etc. ' P:\P00 \00111.00 \Docs \Criteria King Co Shoreline Regs.doc Page 6 02/14/02 i.KL..a:�''!•ct�.....,.F14u::i `.tt?t wY>,i ?iCt:Tr.;.�wC =. �::�`e�E:"2r771x;: FOR STAFF USE ONLY Sierra Type: P -SHORE Planner: 0 \ (2_.0, ' A ) c, ``4) Lt( J File Number: LO .), ._ on Application Complete (Date: ) Project File Number: '1)0 ') -_ 1 I Application Incomplete (Date: Other File Numbers: APPLICATION NAME OF PROJECT/DEVELOPMENT: Duwamish Area Improvements (Sanitary Sewer. Water Main, Storm Sewer, Street Reconstruction) LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL NUMBERS. N4 7 ° 2 ' 5 4 "Wes 1 2 2 ° 1 7 ' 1 7 " The project area is bounded by the Duwamish River on the north and east, East Marginal Way on the west and SR -599 and Interurban Avenue South on the south. Quarter: Section: Township: 2 3/ 2 4 Range: 4E (This information may be found on your tax s at men t.) DEVELOPMENT COORDINATOR : PEFIMIT CENTER 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: Dana Dick - Val Vue Sewer District Address: 14816 Military Road Sou h, Seattle, WA 98168 Phone: 206-242-32 6 Signature: G: 4IPPHAN \LANDUSE.APP'SHORLINE.DOC, 06/15/00 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us FAX: 206 -242 -1527 tL Date: Z SHORELINE PERMIT RECEIVED CITY OF TUKWILA :a Y�eseadow ' . •Rio]fls ?.tY,iii�;s49i' a c��:i'i••7i -L' o z w 00 U)w J F- w g ? 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City of Tukwila Vicinity Map Duwamish Area Sewer Improvements lww et•+. a•.ti.wtM�n�..+egw TOWN T O W A I I D A 1111718 M P — Val ° e Sly DIO R1CT NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. "enhallegon Associates Consulting Engineers, Mo. City of Tukwila I Tama romp emu EINIKINSIP Parcel Numbers and Duwamish Area Sewer Improvements $9WIB DIBTEIC! R'3etSl!r;____s '_s*w• "lfrn. +.S____v Z • LL C 6 ,J 0 O 0 (00 • LLI 11.1 F— � LL W 2 IL < W Z I- 0 Z I- W W O -. O I— W I u" O .• Z W U = 0~ Z '\o TEMPOR CONBTH� TI EASEMENT N TEMPO ARY CONSTRUCTIO EASEM NT \. \\\ \ E /ii /i � /ii 0210 0176 N ` � / v % " • ❑0/u 0166 .100 r 0116 r 1 1 E N L 0201 SE 1 1 • LL) Jz_ to • MS 0120 n I I ou EASEMEN .103 i / iii/V NO. 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TlJ T/ //://///// / // / / /J, C I o,u �{ EASEMENT NO. 2 L..r 0111 0u2 EASEM 11 Val Vue Sewer District \EB 1:4 200 Duwamish Area Improvements COMMUNITY Easement Exhibit DEVELOPMENT • 200 010 0 1 0112 EASEtt a,i AX Ri L 1200121 n1 i 8.- 118th- STREE \ 0011 dniLjr-L, R CE1V E° GRAPHIC SCALE ET) } 0 l 200 NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. 20 10 0+00 20 10 0 40TH AVE S 0 0+00 0 1+00 SECTION 1 2+00 SECTION 1 1+00 2+00 20 10 EASEMENT 12 0 0+00 1+00 S 119TH STREET 0+00 2+00 SECTION 3 1+00 2+00 SECTION 4 TYPICAL SECTIONS DuwamIsh Area Sewer Improvements 20 10 0 0+00 1+00 SCALE: I* 50 HORIZONTAL = 5' VERTICAL 2+00 SECTION 5 RECEIVED FEB 1 4 2002 COMMUNITY DEVELOPMENT 1 Ti v ., l'/ , Ph.,0 r/ram/Marmial NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT. • " ra IIM -- A 7 IIIVI ,-■ IN UMNI11.11311 SWIM IPOMNIIII■ OW —NW a Waille ' IIIMOMININI. 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