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Permit L06-047 - BITNERS SVEN - SHORT PLAT
ALLENTOWN SHORT PLAT LAND DIVISION SVEN BITNERS SHORT PLAT LAND DEVELOPMENT 2922 S 112 ST L06 -047 To: Jim Morrow via David McPherson Nick Olivas via Don Tomaso Richard Takechi, Finance Department From: Minnie Dhaliwal RE: Sven Bitners short plat Date: October 21, 2008 File: L06 -047 MEMORANDUM The above referenced short plat is ready for final approval. Attached are the documents for recording. Please indicate your approval by putting your initials next to your name below. If you do not approve, indicate any additional requirements below. Approved by Nick Olivas . 6 ZO (initials) Approved by Jim Morrow (initials) Approved by Richard Takechi (initials) 20081007000811 After recording return document to: Sven Bitners PO Box 40211 Bellevuee, WA 98015 BITNERS .00 PAGE001 OF 004 10/07/2008 13:47 KING COUNTY, UA PRIVATE STORM DRAINAGE EASEMENT Grantor: Nevsco, LLC, a Washington limited liability company Grantee: Nevsco, LLC, a Washington limited liability company Legal Description (abbreviated): ; -X C , "._J.. TAX NOT REQUIRED Assessor's Tax Parcel ID#: 042304 - 9148 -09 *'` �� F" �` '' : kIn PRIVATE STORM DRAINAGE EASEMENT Page 1 of 4 By RECITALS: 1. Grantor is short platting the parcel identified above into two separate lots. 2. In order to approve Grantor's short plat, the City of Tukwila has required that the following easement be recorded. puty The undersigned Grantor, Nevsco, LLC, its successors and assigns (hereinafter together referred to as "Grantor "), for and in consideration of the sum of mutual benefits and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby convey and grant to Nevsco, LLC, its successors and assigns (hereinafter together referred to as "Grantee "), a permanent easement over, across, along, in, upon, and under the following described property and represented graphically in Exhibit A attached hereto: THAT PORTION OF GOVERNMENT LOT 10, IN SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF STATE HIGHWAY NO.1 AND THE NORTH MARGIN OF THE CITY OF SEATTLE PIPE LINE RIGHT -OF -WAY AS CONDEMNED BY KING COUNTY SUPERIOR COURT CAUSE NO. 121648, THENCE ALONG THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF -WAY SOUTH 89 °30'59" WEST 152.40 FEET BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE 261.74 FEET, THENCE NORTH 58 °42'14" WEST 80.75 FEET, THENCE NORTH 33 °16'12" EAST 137.00 FEET; THENCE NORTH 00 °23'17" WEST 30.00 FEET; THENCE NORTH 46 °08'49" EAST 74.59 FEET; THENCE NORTH 33 °16'12" EAST 76.22 FEET, THENCE SOUTH 57 °20'50" EAST 260.89 FEET, THENCE SOUTH 20 °30'55" WEST 169.64 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT FOR ROAD WAY PURPOSES OVER A TRACT OF LAND 20 FEET IN WIDTH, THE NORTHERLY MARGIN OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST MARGIN OF STATE HIGHWAY NO.1 THAT IS NORTH 18 °57'20" EAST 156 FEET FROM THE INTERSECTION OF SAID WEST MARGIN WITH THE NORTH MARGIN OF SAID PIPELINE RIGHT -OF- WAY; THENCE NORTH 78 °00'00" WEST 196.53 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY MARGIN OF THE SAID TRANSMISSION LINE RIGHT -OF -WAY. TOGETHER WITH AN EASEMENT FOR STORM DRAIN UTILITIES BEING THE NORTHEASTERLY 10 FEET OF SAID PARCEL 2. Said permanent easement being for the location, construction, operation, maintenance, alteration, repair and patrol of a storm drainage outfall facility; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby granted; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines.. The Grantor(s) hereby and the Grantee, by accepting and recording this easement, mutually covenant and agree as follows: 1. Grantee shall, upon completion of any construction of any facilities described herein, remove all debris and restore the surface of the above described property as nearly as possible to the condition in which it existed at the date of this agreement. 2. Grantee shall, if the above described property is disturbed by the maintenance, removal, repair or replacement of the facilities specified herein, restore the surface of the above described property as nearly as possible to the condition in which it existed at the commencement of said maintenance, removal, repair or replacement. 3. Grantee shall, except for negligence on the part of Grantor(s), their heirs, successors and assigns, protect and save harmless Grantor(s) from any and all claims, demands, loss, damage, expense and liability of every kind and description including injury to persons and for any damage to or loss or destruction of property whatsoever suffered by Grantor(s), their heirs successors and assigns, or by any persons, firms or Page 2 of 4 corporations, including liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Washington State Model Toxics Control Act, because of the construction, use and/or maintenance of said facilities. DATED this C of 8/ik , 2008. GRANTOR: BY: /OUScD, L t. ACCEPTED BY: By: Its: lM 414 , /c A STATE OF WASHINGTON, } County of King I hereby certify that I know or have satisfactory evidence that 'Veh 3 i is /are the person(s) who appeared before me, and said person(s) acknowledged that he signed this instrument, on oath stated that he is /are authorized to execute the instrument and acknowledged it as the WI6tViAl Y of Nevsco, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. ID, e/ Dated: Notary Public State of Washington ARLYNNE G. MEDENILLA MY COMMISSION EXPIRES February 27, 2012 } SS. } ItNADA.:494A/ Printed signature) Notary Public in and for the State of Washington, UrPrOAr SSIa tka car residing at My appointment expires b?i l01-1 / i� 12 Page 3 of 4 CAPPED IRON PIN 10' WIDE STORM DRAIN EASEMENT AWNING BUILDING (S. 112TH ST.) N PARCEL 2 74,385 SO. FT. 20' BUILDING SETBACK �T 88910'59Y1 (DEED) 1189 261. NEW PROPERTY UNE N 74 4* < /N Parevjv SWAY E4se,. _ 7 - / PARCEL 1 ;; 17,980 S0. FT. 68910'591/ PEED) N89'21'53'W 15240 10' WIDE WATER LINE EASEMENT SEATTLE PIPELINE R/W S.C.C.# 121648 ; . IRON PO 20081007000812 After recording return document to: Sven Bitners PO Box 40211 Bellevue, WA 98015 PRIVATE WATER LINE EASEMENT PRIVATE WATER LINE EASEMENT Grantor: Nevsco, LLC, a Washington limited liability company Grantee: Nevsco, LLC, a Washington limited liability company Legal Description (abbreviated): CIS TAX NOT REQUIRED Assessor's Tax Parcel ID #: 042304 - 9148 -09 4 f Q Div, -f ' � / Deputy RECITALS: ' The undersigned Grantor, Nevsco, LLC, its successors and assigns (hereinafter together referred to as "Grantor "), for and in consideration of the sum of mutual benefits and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby convey and grant to Nevsco, LLC, its successors and assigns (hereinafter together referred to as "Grantee "), a permanent easement over, across, along, in, upon, and under the following described property and represented graphically in Exhibit A attached hereto: 1. Grantor is short platting the parcel identified above into two separate lots. 2. In order to approve Grantor's short plat, the City of Tukwila has required that the following easement be recorded. THAT PORTION OF GOVERNMENT LOT 10, IN SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF STATE HIGHWAY NO.1 AND THE NORTH MARGIN OF THE CITY OF SEATTLE PIPE LINE RIGHT -OF -WAY AS CONDEMNED BY KING COUNTY SUPERIOR COURT CAUSE NO. 121648, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT - OF -WAY SOUTH 89 °30'59" WEST 152.40 FEET; THENCE NORTH 20 °30'55" EAST Page 1 of 4 169.64 FEET; THENCE SOUTH 57 °20'50" EAST 143.29 FEET; THENCE SOUTH 19 °01'54" WEST 84.90 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT FOR WATER UTILITIES BEING THE SOUTH 10 FEET OF SAID PARCEL 1. Said permanent easement being for the location, construction, operation, maintenance, alteration, repair and patrol of a private water line; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby granted; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines.. The Grantor(s) hereby and the Grantee, by accepting and recording this easement, mutually covenant and agree as follows: 1. Grantee shall, upon completion of any construction of any facilities described herein, remove all debris and restore the surface of the above described property as nearly as possible to the condition in which it existed at the date of this agreement. 2. Grantee shall, if the above described property is disturbed by the maintenance, removal, repair or replacement of the facilities specified herein, restore the surface of the above described property as nearly as possible to the condition in which it existed at the commencement of said maintenance, removal, repair or replacement. 3. Grantee shall, except for negligence on the part of Grantor(s), their heirs, successors and assigns, protect and save harmless Grantor(s) from any and all claims, demands, loss, damage, expense and liability of every kind and description including injury to persons and for any damage to or loss or destruction of property whatsoever suffered by Grantor(s), their heirs successors and assigns, or by any persons, firms or corporations, including liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Washington State Model Toxics Control Act, because of the construction, use and/or maintenance of said facilities. DATED this 6th day of 007, 3k" ,Q , 2008. GRANTOR: BY: Page 2 of 4 ACCEPTED BY: By: Its: IM RP. STATE OF WASHINGTON, } County of King I hereby certify that I know or have satisfactory evidence that Sveh ►2 . 8 j-kQlr is /are the person(s) who appeared before me, and said person(s) acknowledged that he signed this instrument, on oath stated that he is /are authorized to execute the instrument and acknowledged it a s t h e V V ' ' ' V' of Nevsco, LLC, to be the free and voluntary act of such party for the uses . , d purposes mentioned in this instrument. Dated: Notary Public State of Washington ARLYNNE G. MEDENILLA MY COMMISSION EXPIRES February 27, 2012 }SS. } AAr�Hwr G . - i-Rot Printed signature Notary Public in and for the State of Washington, residing at AtvctJIr O2jo? ID12 My appointment expires Page 3 of 4 41 e t; ■D CAPPED IRON PIN '10' WIDE \ '•., STORM DRAIN EASEMENT \ \ \ AWNING BUILDING (S. 112TH ST.) 2 0' BUILDING SETBACK S89'30 (DEED) N89'21'53 261 PARCEL 2 74,385 SO. FT. NEW PROPERTY UNE \ 58910'59'W jDEEDD N89.21'5317 152,44' SEATTLE PIPELINE R/W S.C,C.5 121648 o` M =ww 194 WAY EASEmE 7 (R) / (4 *'' PARCEL 1 ' 17,980 SQ. FT. 10' WIDE WATER UNE EASEMENT / A CAPPED IRON P November 9, 2006 Sven Bitners PO Box 40211 Bellevue WA 98015 RE: Short Plat L06 -047 2922 South 112 Street, Tukwila WA 98168 Dear Mr. Bitners: Cizy of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF DECISION The Short Subdivision Committee has completed review of your short plat application (No. L06- 047), and determined that it complies with all applicable City code requirements. The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. This letter serves as the Notice of Decision per TMC 18.104.170. Based on the latest project submittal, preliminary approval is granted subject to the conditions stated below. There are three basic steps in the short plat approval process: Steven M. Mullet, Mayor 1. Preliminary Approval This letter constitutes your preliminary approval. The application was reviewed by the Tukwila Short Subdivision Committee and approved with conditions. The conditions imposed are to ensure the short plat is consistent with the Criteria for Preliminary Approval listed at TMC 17.12.020 C in the Tukwila Subdivision Code. PRELIMINARY APPROVAL CONDITIONS 1. Provide a draft copy of the private storm drainage across Parcel 2 and for the benefit of Parcel 1, for review by the City's Public Works Department. This document shall be recorded prior to recording of the survey plat map, and the recording number shall be shown on the short plat map. 2. Provide a draft copy of the private water line easement across Parcel 1 and for the benefit of Parcel 2, for review by the City's Public Works Department. This document shall be recorded prior to recording of the survey plat map, and the recording number shall be shown on the short plat map. 3. Submit a set of recording documents in either legal or record of survey format that meet the King County Recorder's requirements and contain the following items: Short Plat L06 -047 Page 1 of 3 11/03/2006 5:26:00 PM Q:\Short Plat \L06 - 047 - Allentown short plat - Prelim Approval.doc MD 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 1. A survey map as described in the application checklist that is consistent with all of the conditions of approval and includes redlined changes. The surveyor's original signature must be on the face of the plat. 2. Existing and proposed legal descriptions for all lots. APPEALS This short plat approval decision is appealable to the Hearing Examiner. One administrative appeal of the decision on the short plat, excluding challenges to the DNS, is permitted. If no valid appeals are filed within the time limit the decision of the Department will be final. In order to appeal the decision a written notice of appeal must be filed with the Department of Community Development within 21 days of the issuance of the Notice of Decision (11/30/2006). The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. Appeal materials shall include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The Hearing Examiner's decision on the appeal is the City's final decision. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision pursuant to the procedures and time limitations set forth in RCW ch. 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. 2. Final Approval The next step is to install the required site improvements, comply with the conditions of approval and submit the necessary short plat documents (survey, legal descriptions, and other required paper work). You may apply to delay installation of the site improvements up to six months beyond final approval subject to the approval of the Public Works Director. A financial guarantee must be provided to ensure installation. Short Plat L06 -047 Page 2 of 3 11/07/2006 5:24:00 PM Q:\Short Plat\L06- 047 - Allentown short plat- Prelim Approval.doc MD All taxes and fees assessed against the property must be current prior to final approval. Please check with the King County Assessor's Office and the City of Tukwila Finance Department prior to submitting final documents. After the documents have been found to be in order, and the all of the requirements of the short plat have been met, the Chair of the Short Subdivision Committee signs your short plat which constitutes a grant of final approval. Expiration The final approved short plat must be filed with the King County Department of Records by November 9, 2007, one year from the date of this preliminary approval or the application will expire. The City may grant a single one year extension if requested in writing prior to the expiration date. 3. Recording Sincerely, The signature of the Chairman of the Short Subdivision Committee certifies that your short plat application is ready for recording. It is your responsibility to record the City approved short plat documents with the King County Department of Records. You will need to pay the recording fees and submit your approved original short plat to King County. The short plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. After recording, the County returns the recorded original to the City of Tukwila within 4 -6 weeks, at which time your short plat is considered complete. You can shorten this processing time by hand - delivering a copy of the recorded short plat to the project planner. In many circumstances, building permits on the short platted property may not be issued until a copy of the recorded short plat (or original) is returned to the Department of Community Development. Steve Lancaster Chair, Short Subdivision Committee Enclosure Survey Plat map cc: Jim Morrow, Public Wo . s Di - ctor' I' I (please initial your approval) Nick Olivas, Fire Chief L1 (p e initial your approval) King County Assessor, Accounting Division Short Plat L06 -047 Page 3 of 3 Q:\Short PIat\L.06- 047 - Allentown short plat- Prelim Approval.doc 11/03/2006 5:26:00 PM MD Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I , t\co ]( HEREBY DECLARE THAT : Notice of Public Hearing - 0\4_41 f14}1 7 Determination of Non- Significance • Notice of Public.Meeting. Mitigated Determination of Non- Si g ficance 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 Other Tiofte ► I' " R,) Was mailed to each of the addresses listed on this year 200 day of (Noll in the P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Project Name: t 1 - 0\4_41 f14}1 7 Project Number: 1--6..e Mailer's Signature: . Set,14A1/t_ I) , b/oc_4(- Person requesting maili i vl h,i e (.c� Was mailed to each of the addresses listed on this year 200 day of (Noll in the P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Project: ii ,� � ‘1 ( Q Lc -- Address: 2-cf ZZ S 1 i) LA Date transmitted: I 0 i Z�� Response requested by: 0-----\ Z't ( ' Staff '' n uu -- coordinator: --- ��` 2i n ' `�C Date response received: RECEIVED City of Tukwila Department of Community Development AUG 1 4 2006 TUKWILA PUBLIC WORKS LAND USE PERMIT ROUTING FORM TO: ( Building Planning XPublic Works File Number LO6 Olt Fire Dept. Police Dept. Parks /Rec REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. S YIP—Aft Plan check date: COMMENTS (Attach additional comment sheets and/or support materials as needed.) (S LSE Iq- Li— Ca,M Comments prepared by: Update date: MEMORANDUM TO: PLANNING DEPT. — Minnie Dhaliwal, Senior Planner vFdyh FROM: PUBLIC WORKS DEPT. — David McPherson, Development Engineer DATE: October 6, 2006 SUBJECT: Allentown — 2 Lot Short Plat 2922 South 112 Street Short Plat and Miscellaneous Comments Short Plat — L06 -047 Public Works requirements are met for Preliminary Short Plat. Prior to Final Short Plat, the following comments need to be address for Public Works. 1. Provide a draft copy of the private storm drainage across Parcel 2 and for the benefit of Parcel 1, for review by Public Works. This document shall be recorded prior to recording of the Final Short Plat Map, and the recording number be shown on the short plat map. 2. Provide a draft copy of the private water line easement across Parcel 1 and for the benefit of Parcel 2, for review by Public Works. This document shall be recorded prior to recording of the Final Short Plat Map, and the recording number be shown on the short plat map. Project: tk -e+L u emu 5 t Q Le,LP'" Address: 2-1 22- S II/E-T-: S . Date transmitted: 10 loo, Response requested by: 1 L (( 1,(10 (, Staff V ^ �� coordinator: V� 1)`m Date response received: I Plan check date: City of Tukwila Department of Community Development File Number (, o 6 - ot-tl LAND USE PERMIT ROUTING FORM TO: Building Planning YPublic Works -Fire Dept Police Dept. __ Parks /Rec REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and /or support materials as needed.) c ay-o■il Comments " —GM prepared by: Update date: Project: A II n p r p P Address: 2 2.2- S 1 1Z c.L S I--- Date transmitted: I�� �� Response requested by: .2 --`A( 2,vJ _6 Staff coordinator: ��C,u -� , � `� n � Date response received: City of Tukwila Department of Community Development LAND USE PERMIT ROUTING FORM File Number 1_0 -Oki TO: Building Planning XPublic Works Fire Dept. Police Dept. _ =- Parks /Rec REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. ir check date: COMMENTS (Attach additional comment sheets and/or support materials as needed.) s . W .` c-kL 1 1 A cu f s (--cA cl gA.a l 1 1 ZO i Comments prepared by Update date: August 11, 2006 Sven Bitners P.O. Box 40211 Bellevue WA 98015 Dear Mr. Bitners: City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Re: Notice of complete application for Short Plat application. File numbers L06- 047. The Department of Community Development received your application to short plat one lot into two lots. Based on the review of your submittal your application is deemed complete. Your application has been routed to the department of Public Works, the Fire Department and the Building Department for their code related review. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. If after review of your application by all departments, any additional information is required we will contact you. If you have any questions, feel free to call me at 206 - 431 -3685. Sincerely, Minnie Dhaliwal Senior Planner 1 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 N E V SCOO July 18, 2006 RECEIVED JUL' f8 2006 City of Tukwila Way Department of Community Development 6300 Southcenter Blvd. Tukwila, WA 98188 Re: Allentown Short Plat Dear Sirs: Following is a discussion of the Allentown Short Plat's consistency with the decision criteria set forth in TMC 17.12.020.C: 1. The proposed Short Plat is consistent with the Tukwila comprehensive Plan and any other such adopted plans. 2. Current (existing) provisions for water, storm drainage, erosion control and sanitary sewage are consistent with current standards. 3. Existing road, utility and other improvements are consistent with current standards. 4. Provisions for easements, dedications, and reservations have been made. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed and existing use for which the lots are intended and are compatible with the MIC /H zone in which they are located. 6. There are no commonly owned private facilities for which provisions need to be made. 7. It is believed that the short plat does comply with the relevant requirements of the Tukwila Subdivision Ordinance. 8. It is believed that that the short plat does comply with the relevant requirements of the Tukwila Zoning Ordinance and other regulations. It is also believed by the applicant that all criteria for final approval of the Allentown Short Plat under TMC 17.12.030(c) and Chapter 58.17 RCW have been met. Very Sincerely, Sven R. Bitners NEVSCO, LLC P.O. Box 40211, Bellevue, WA 98015 Tel.: 206 - 940 -6640 IL I C©mn&c SMces 601 Union Street, Suite 1100 • Seattle, Washington 98101 Telephone:206- 628 -2822 • Fax:206- 628 -0631 • www.landam.com RECEIVED oJUL' 18 2006 COMMUNITY DEVELOPMENT LandAmerica Commercial Services Your solution for Real EstateTransaction Management Title and Escrow (Commonwealth, Lawyers Title, Transnation) • Engineering & Environmental Assessment Valuation • Survey • Zoning • Tax Services • Flood Certificates • UCC Insurance • 1031 Exchanges • International • • Litigation Guarantee Prepared for: Sven Bitners NEVSCO LLC Property: 2922 S. 112 Street, Tukwila, Washington Escrow Order No. 10862609 RECEIVED ►JUL 18 2006 CO MMUNITY DEVELOPMENT 1.andAmerica Transnation Nevsco LLC PO Box 40211 Bellevue, WA 98015 REFERENCE NO: / Order No.: 10862609 SUBDIVISION 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 loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any Incorrectness in the assurances set forth In Schedule A. Dated: June 5, 2006 Transnation Title Insurance Company By Subdivision Guarantee G NT004 * *SECOND ** Liability: $10,000.00 Charge: $ 400.00 Tax: $ 35.20 Total: $ 435.20 Page 1 of 5 SCHEDULE A 1. Name of Assured: Nevsco LLC 2. Date of Guarantee: April 24, 2006 at 8:00 A.M. 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or Interest in the land is vested in: NEVSCO L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY c. The estate or Interest In the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority, EXCEPTIONS: Order No.: 10862609 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DEUNQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO,: 042304 -9148 YEAR BILLED PAID BALANCE 2006 $26,681.84 $13,340.92 $13,340.92 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $13,340.92. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2417 $913,400.00 $1,159,300.00 2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 19, 1982 RECORDING NO.: 8204190440 REGARDING: WATER CONNECTION SERVICES AND CHARGES 3. NOTICE TO THE PUBLIC AND THE TERMS AND CONDITIONS THEREOF: REGARDING: AGREEMENT TO JOIN AND PARTICIPATE IN THE FORMATION OF AN IMPROVEMENT DISTRICT OR ROAD IMPROVEMENT PROJECT SANCTIONED BY CITY OF KING COUNTY, AND NOT TO OPPOSE OR PROTEST ASSESSMENTS THEREFOR RECORDED: FEBRUARY 27, 1995 RECORDING NO.: 9502270134 Subdivision Guarantee Page 2 of 5 GNT004 4. ORDINANCE NO. 1515 AND THE TERMS AND CONDITIONS THEREOF IMPOSED BY INSTRUMENT RECORDED ON JULY 31, 1989, UNDER RECORDING NO, 8907310796. 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: AQUATIC LANDS ACCESS PURPOSES AND RESTRICTIONS AREA AFFECTED: RECORDED: RECORDING NO.: NOTE: SAID DOCUMENT CONTAINS AN ERRONEOUS LEGAL DESCRIPTION AND SHOULD BE RE- RECORDED TO CORRECT THE SAME. 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: NOTE: SAID DOCUMENT CONTAINS AN ERRONEOUS LEGAL DESCRIPTION AND SHOULD BE RE- RECORDED TO CORRECT THE SAME. 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY; ADDRESS: LOAN NO,; ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: (COVERS SAID PREMISES AND OTHER A PORTION OF SAID PREMISES OCTOBER 17, 2001 20011017002707 STATE OF WASHINGTON SALMON RECOVERY AND CONSERVATION PURPOSES A PORTION OF SAID PREMISES OCTOBER 23, 2001 20011023001460 MICHAEL R. MASTRO, A MARRIED MAN AS HIS SEPARATE ESTATE PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. THE COMMERCE BANK OF WASHINGTON, N.A. 601 UNION ST. #3600, SEATTLE WA 98101 NOT DISCLOSED $2,000,000.00 JUNE 8, 2001 JUNE 11, 2001 20010611001740 PROPERTY) Order No10862609 Subdivision Guarantee Page 3 of 5 GNT004 8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: NEVSCO LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: PACIFIC NORTHWEST TITLE COMPANY, A CORPORATION BENEFICIARY: MICHAEL R. MASTRO, A MARRIED MAN, AS HIS SEPARATE ESTATE ORIGINAL AMOUNT: $1,600,000.00 DATED: AUGUST 6, 2002 RECORDED: AUGUST 6, 2002 RECORDING NO.: 20020806002131 ASSIGNMENT OF THE DEED OF TRUST: ASSIGNEE: FOUNDATION BANK RECORDED: SEPTEMBER 23, 2002 RECORDING NO.: 20020923001192 9. MATTERS DISCLOSED ON UNRECORDED SURVEY BY MICHAEL ROOT, DATED JUNE 20, 2002, UNDER JOB NO. TOP02, AS FOLLOWS: A) ENCROACHMENT OF FENCE LINE ONTO TO PROPERTY ADJOINING ON THE NORTH; B) ENCROACHMENT OF FENCE /RETAINING WALL ONTO THE NORTHWESTERLY AND SOUTHWESTERLY ADJOINERS; C) ACCESS TO PARCEL A BY THE EASEMENT SHOWN IN PARCEL B IS BLOCKED BY THE EXISTENCE OF TWO FENCES AT THE NORTHERLY BOUNDARY OF PARCEL A. 10. UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 11. MATTERS AFFECTING SECURITY INTERESTS IN PERSONAL PROPERTY WHICH MAY BE DISCLOSED BY A SEARCH OF THE UNIFORM COMMERCIAL CODE (UCC) RECORDS AT THE WASHINGTON STATE DEPARTMENT OF LICENSING IN OLYMPIA. BEW Enclosures: Sketch Vesting Deed Paragraphs 2 -8 • • Order No10862609 ASSIGNMENT OF THE DEED OF TRUST: ASSIGNOR: MICHAEL R. MASTRO ASSIGNEE: TERRY L. DURST, , A MARRIED MAN AS HIS SOLE AND SEPARATE ESTATE RECORDED: JUNE 26, 2003 RECORDING NO.: 20030626003025 THERE IS NO RECORDED RETURN ASSIGNMENT FROM FOUNDATION BANK TO SAID ASSIGNOR. Subdivision Guarantee Page 4 of 5 GNT004 PARCEL A: EXHIBIT "A" Order No.: 10862609 THAT PORTION OF GOVERNMENT LOT 10, SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF STATE HIGHWAY NO. 1, AND THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF -WAY AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 121648, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF -WAY SOUTH 89 °30'59" WEST 414.14 FEET; THENCE NORTH 58 °42'14" WEST 80.75 FEET; THENCE NORTH 33 °16'12" EAST 137.00 FEET; THENCE NORTH 00 °23'17" WEST 30.00 FEET; THENCE NORTH 46 °08'49" EAST 74.59 FEET; THENCE NORTH 33 ° 16'12" EAST 77.00 FEET TO THE SOUTH MARGIN OF THE CITY OF SEATTLE TRANSMISSION LINE RIGHT -OF -WAY; THENCE SOUTH 57 °20'50" EAST TO THE WEST MARGIN OF STATE HIGHWAY NO, 1; THENCE SOUTHWESTERLY ALONG THE WESTERLY MARGIN OF SAID HIGHWAY TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: AN EASEMENT FOR ROADWAY AS ESTABLISHED IN DOCUMENT RECORDED UNDER RECORDING NO. 5112054. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that spieler assurances are provided In Schedule A of this Guarantee, the Company asaumea no liability for lees or damage by reason of the following: (a) Defects, fens, encumbrance*, adverse claims or other nutters against the title, whether or not sham by the pudic records. (1) Taxes er assessments of any taxing authority that levies taxes or assessments on real property, or (2) Proceedings by a public) agency which may result In tams or assessments, or notices of aural proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records, (c) (1) Unpalented mining cahrei (2) reeervetone or exceptions in patents or In Acts authorizing the issuance hereof; (9) water rights, claims or title to water, whether or net the matters excluded under (t), (2) or (9) era shown by the public words, 2. Notwithstanding any specific assurances which are provided In Schedule A or this Guarantee, the Company assumes no (lability for low o/ damage by reason of the following: (a) Defects. liens, encumbrances. ednarse claims or other matters effecting the tale to any property beyond he lines of the land expressly described In the description eat forth in Schedule (A), (C) or in Part 2 of this Guarantee, or tide to atees, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements or any rights or easements therein, unless such property, rights or easements are expressly and epeciitcally set forth in said description, (b) Defects, tens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more or the Assured*: (2] which result in no Ions to the Assured; or (3) whch do not result in the invalidity or potential llwelldlty et any Judicial or nothludldel proceeding which is within the scope end purpose of the assurances provided, The identity of any party shown or referred to in Schedule A. The validity, legal effect or prloyty of any matter ehown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Delnroen of Terms. The following tams when used in the Guarantee mean: (a) the "Assured"; the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) land": the land described or referred to in Schedule (A), (C) or In Part 2, and Improvements affixed thereto which by law constitute real property. The term and" does hat Include any property beyond the (nee of the area described or referred to in Schedule (A), (C) Or in Part 2, nor any right, title, Interest eetnta or easement in abutting streets, roads, avenues, alleys, tines, ways or waterways. "mortaepe": mortgage, deed of teat, Curt deed. or Other secumy Ind:w ere, "public records "; records established under state statutes at Data or Guarantee for the purpose of Imparting constructive notice of matters relating to real property to purchaser, for value and without knowledge. •date: the effective date. (h) (C) (d) (e) (e) 2, Notice of Claim to be Given by Assured Claimant, An Assured shall notify the Company promptly in writing in Case knoetedge anal coma to an Assured hereunder of any claim Of title Or Interest which is adverse to the title to the estate or interest. as stated herein, and which might cause IOW or damage for wsuch the Company may be liable by virtue of this Guarantee. If prompt notice shat not be glen to the Company, then al nanny of he Company shall terminate with regard to the matter or matters for which prompt notice is required: provided, however, that failure to notify the Company shag in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. S. NO Duty to Defend or Prosecute, The Company shall have no duly to defend or prosecute any action or procemeng to which the Assured is a party, ndwithstandng the nature of any allegation In auoh action or proceeding. 4. Companya Option to Defend or Prosecute Actions: Duty of Assured Claimant to Cooperate, Even though the Company has no duty to defend Of prosecute es set forth in Paragraph 9 above: (a) The Company shall have the right, at its sob option and cost, to Institute and prosecute any action or proceeding, interpose a defense, es limited in (b), or to do any ether act which in Its opinion may be necessary or desliable to eeablish the title to the estate or Internet as sated herein, or to eaableh the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shell be liable hereunder, and shall not thereby concede sabsty or waive any provision of this Guarantee. If the Company shalt exercise its lights under this paragraph, It that do ao diligent y. ff the Company elects to exercise Its options ore stated In Paragraph 4(a) the Company seal have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to repreeent the Assured end shall not be table for and will not pay the fees of any other counsel, nor wil the Company pay anytime, costs or expenses incurred by an Assured in the defense of those causes of action which allege mattes not covered by this Guarantee. Whenever the Company shall have brought an action or Irnarpoead a defense as permitted by the provision of thin Guarantee, the Company may pursue any litigation to final debemination by a court of competent (udadleton and expressly reserves the right to Its sore discretion, to appeal from an adverse judgment or order. in at eases where thus Guarantee permits the Company to prmaecua or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defence of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, die name of such Assured for this purpose, Whenever requested by the Company, an Assured, at the Company's eopenes, shah give the Company all reasonable aid In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful art which In the opinion (h) (a) (d) CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the the to the estate or Interest as stated herein, or to eetabish the lien rights of the Assured. If the Company Is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's oblaations to the Assured wider the Guarantee anal terminate. 5. Proof of Low or Damage. In addition is and alter the notices required under Section 2 of these Conditions and Stiputatorhe have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company wain ninety (98) days after the Assured shag ascertain the facts giving rise to the loss or damage. Thy proof of lone or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent poaslde, the betas of calculating the amount of the lees or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company' obligation to such assured under the Guarantee shall terminate. in addition, the Assured may reasonably be required to submit to examination under oath by any authorised representative of the Company and shall produce for Ciarninaton, Inspection and copying, at such reasonable Ernes and plates as may be designated by any authorized representative of the Company, at records, books, Ledgers. checks, correspondence and memoranda, whether bearing a date before or after Rote of Guarantee, which reasonably pertain to the low or damage, Further, if requested by any authorized representative of the Company, the Assured shall grant its permeeion, in writing, for any authorized representative of the Company to examine, inspect and copy all records, bo0123, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loge Of damage. A8 information designated as confidential by the Assured provided to the Company pursuant to the Section shell not be disclosed to others unless, In the reasonable Judgment of the Company, it is necessary In the admldetraeon of the claim. Failure of the Assured to submit for exemineton under oath, produce other reasonably requested Information or grant permission to seduce reasonably necessary Inhumation from third pares ore required In the above paragraph, unless prelhmitad by law or povemmental regulation, chap terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: To Pay ar Tender Payment of the Amount ce Liability or to Purchase the Indebtedness. The Company ehal have the option to payer settle or compromise for or In the name of the Assured any claim which could result In lose to the Assured within the coverage of this Guarantee, or to pay the Nn amount of this Guarantee or, it he Guarantee Is issued for the benefit of a holder of a mortgage or a Ilenholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said Ilan for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured dawnant Whith were authorized by the Company up to the time of purchase. Guth pure hose, payment or tender of payment of the full amount of the Guarantee shall armthate all lability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the weer of such indebtedness shall transfer and aealgn said indebtedness, together with any cotateral security, to the Company upon payment of she purchase price. Upon the exercise by the Company of the option provided for In Paragraph (a) the Company* oblgatim to the /teethed under this Guarantee for the claimed lose or damage, other than to make the payment required In that paragraph, shall temmnaw, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be amend/red to the Company for cancellation. (b) To Pay er Otherwise Settle With Pestles Other Than the Assured or With the Assured Claimant To pay or otherwise settle with ether parties for or in the name or an Assured claimant any daft mewed against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant welch ware a uthor'oed by the Company up to the erne of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for In Paragraph (b) the Company* obligation to the Assured under this Guarantee for the clammed toss or damage, other than to make the payment required in that paragraph shell terminate, including any obligation to oonenue the defense or prosecution d any litgatron for which the Company has exercised is options under Paragraph 4. T. Determinaten and Extent of Liability, This Guarantee is a contrail of indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and (subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Aesured shall not exceed the least of (a) the amountd liability stated In Schedule A or In Part 2; (b) the amount at the unpaid principal Indebtedness secured by the rmwrtgape d an Assured mortgagee, as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Condbons and Stipulations, at the tine the loss ar damage secured agednet by this Guarantee occurs, together with Interest thereon; or (0) the difference between the value of the estate or interest covered hereby NO stated herein and the value of the estate or Interest subject to any defect, lien or encrmbrance assured against by this Guarantee. 8. Umttaten of Liability. (a) If the Company establishes the title, or removes the alleged defect, Ilan or enwnbranos of cures any other meter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the conpleded of any appeals therefrom, It shall have fully performed its obligations with reaped to that matter and shall not be liable for any loss or damage caused thereby. (a) CONDITIONS AND STIPULATIONS CONTINUED In the event of any litigation by the Company or with the Companys consent, the Company shall haw no liability for loss or damage until there has been a Sinai determination bye court of competent Jurisdiction. and disposition of all appeals therefrom, adverse to the title, as stated herein. The Company shall not be liable for lass or damage to any Assured for Ilabitty voluntarily assumed by the Assured In settling any darn or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payment* under this Guarantee, except payments made fat cost, attorneys' fees and expenses pursuant to Paragraph 4 eMll reduce the amount of liability pro tardy. 10. Payment of Less. (a) No payment shall be made vethout producing this Guarantee for endorsement or the payment unless the Guarantee has been lost or destroyed, In which case proof at loss or destruction shall ha furnished to the satisfaction of the Company. (5) When liability and the extent of lose or damage has been definitely feed in accordance with these Conditions and Stipulations, the toss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation chap vest In the Company unaffected by any act of tae Assured claimant The Company shell be subrogabd to and to entitled to all lights and remedlee which the Assured would have had against any person al property In respect to the claim had this Guarantee not been hailed. It requested by the Company, the Assured shell transfer to the Company all rights and remedies against any parson or property neceeary in order to perfect this right or subrogation. The Assured shall permit the Company to sue, compromise or settle In the name of the Assured and to use the name of the Assured in any transaction or fitigaton involving these rights or remedies. If a payment on account of a claim does not luny cover the loss of the Assured the Company shad be subrogeted to all rights and rummies of the Assroed after the Assured shall have recovered its principal, interest, and costs of collection. (b) (c) 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Tile Insurance Arbtration Rules of the American Arbitration Association, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. AD arbitrable matters when the amount of lability is in excess of $1,000.000 shat be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties, The award may include attorneys' than only if the laws of the state in which the lend is located permits a court to award attorneys' fees to a prevaiting party. Judgment upon the award rendered by the Arbitrators) may be entered in any court having Jurisdiction thereof. The law of the sits of the lend shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be Wailed from the Company upon request. 13, Liability Ur ltad to This Guarantee; Guarantee Entire Contract (a) This Guarantee together oath at endorsements, it any, attached hereto by the Company Is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as e whda.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such rdalm, stroll be restricted to this Guarantee. (e) No amendment of or endorsement to this Guarantee can be made swept by a writing endorsed hereon or attached hereto sighed by either the President, a Vice President, the Secretary. an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shad be addressed to Consumer Affairs Department, P.O. Boa 27587, Richmond, Virginia 232e1 -7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) • • THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH,UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 04 TOWNSHIP: 23N RANGE: 04E Hanle NEVSCO LLC Address 1217 6TH AVE S • • City, state, z SEATTLE, WA 98134 20020806002130 K#I 2 oeO )5upe 22 .e0 76024 Oka 70 , 19e o 3go - Reference# (If applicable) Grantor(s) (1) MASTRO MICHAEL R (2) Grantee(s) (1) NEVSCO LLC (2) Addit Grantor(s) on pg Addit Grantee(s) on pg Legal Description(abbr ) PTN GOV LOT 10 STR 04 23 04 Addit legal(s) on pg Assessor's Tax Parcel ID# Acct #0423049148 STATUTORY WARRANTY DEED THE GRANTOR MICHAEL R MASTRO, AS HIS SEPARATE ESTATE, for and in consideration of TEN AND NO /100 DOLLARS AND OTHER VALUABLE CONSIDERATION, in hand paid, conveys and warrants to NEVSCO LLC, A WASHINGTON LIMITED LIABILITY COMPANY, the following described real estate, situated in the County of RING, State of Washington See Legal Description attached hereto and marked Exhibit "A ". SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS AND NOTES AS ATTACHED HERETO Dated August24 2 E R /SPRO otary Publi irk _a siding at . 1,1 appointment e Transnation Form 7176 -3 (Rev 12.96) Transnation Title Insurance Company KING,WA Document: DED WAR 2002.0806002130 Printed on 4/27/2006 3:25:14 PM Provided by Data Trace System Title Officer: RT Order: 10862609 Comment: 9148 E1902383 t ratt16ua06 sb�` $1t b eta °.e PAGE 001 OF 002 STATE OF WASHINGTON t 88. COUNTY OF RING On this day personally appeared before me MICHAEL R MASTRO to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, f the uses and purposes therein me tioned GIVEN under my hand and o cial seal this ` _ 20 0.) If LPB10 Page 1 of 4 PARCEL A: • • Title Officer: RT Order: 10862609 Comment: 9148 THAT PORTION OF GOVERNMENT LOT 10, SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF STATE HIGHWAY NO. 1, AND THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF -WAY AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 121648, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF- WAY SOUTH 89 °30'59" WEST 414.14 FEET; THENCE NORTH 58 °42'14" WEST 80.75 FEET; THENCE NORTH 33 °16'12" EAST 137.00 FEET; THENCE NORTH 00 °23'17' WEST 30.00 FEET; THENCE NORTH 46 °08'49" EAST 74.59 FEET; THENCE NORTH 33 °16'12" EAST 77.00 FEET TO THE SOUTH MARGIN OF THE CITY OF SEATTLE TRANSMISSION LINE RIGHT -OF -WAY; THENCE SOUTH 57 °20'50" EAST TO THE WEST MARGIN OF STATE HIGHWAY NO. 1; THENCE SOUTHWESTERLY ALONG THE WESTERLY MARGIN OF SAID HIGHWAY TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: AN EASEMENT FOR ROADWAY AS ESTABLISHED IN DOCUMENT RECORDED UNDER RECORDING NO. 5112054. KING,WA Document: DED WAR 2002.0806002130 Page 2 of 4 Printed on 4/27/2006 3:25:15 PM Provided by Data Trace System AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 19, 1982 RECORDING NO.: 8204190440 REGARDING: WATER CONNECTION SERVICES AND CHARGES NOTICE TO THE PUBLIC AND THE TERMS AND CONDITIONS THEREOF: REGARDING: Agreement to Join and participate In the formation of an Improvement district or road improvement project sanctioned by City of King County, and not to.oppose or protest assessments therefor RECORDED: FEBRUARY 27, 1995 RECORDING NO.: 9502270134 ORDINANCE NO. 2515 AND THE TERMS AND CONDITIONS THEREOF Imposed by Instrument - ecorded on JULY 31, 1989, under Recording No. 8907310796. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: NOTE: SAID DOCUMENT CONTAINS AN ERRONEOUS LEGAL DESCRIPTION AND SHOULD BE RE- RECORDED TO CORRECT THE SAME. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STATE OF WASHINGTON PURPOSE: SALMON RECOVERY AND CONSERVATION PURPOSES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: OCTOBER 23, 2001 RECORDING NO.: 20011023001460 NOTE: SAID DOCUMENT CONTAINS AN ERRONEOUS LEGAL DESCRIPTION AND SHOULD BE RE- RECORDED TO CORRECT THE SAME. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ADDRESS: MICHAEL R. MASTRO, A MARRIED MAN AS HIS SEPARATE ESTATE PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. THE COMMERCE BANK OF WASHINGTON, N.A. 601 UNION ST. #3600, SEATTLE WA 98101 NOT DISCLOSED $2,000,000.00 JUNE 8, 2001 JUNE 11, 2001 RECORDING NO.: 20010611001740 (Covers SAID PREMISES AND OTHER PROPERTY) LOAN NO.: ORIGINAL AMOUNT: DATED: RECORDED: K1NG,WA Document: DED WAR 2002.0806002130 Printed on 4/27/2006 3:25:15 PM Provided by Data Trace System Title Officer: RT Order: 10862609 Comment: 9148 F STATE WASHINGTON AQUATIC LANDS ACCESS PURPOSES AND RESTRICTIONS A PORTION OF SAID PREMISES OCTOBER 17, 2001 20011017002707 Page 3 of 4 • • Title Officer: RT Order: 10862609 Comment: 9148 Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon the land; and rights of tenants to remove trade fixtures at the expiration of the term. Matters disclosed on unrecorded survey by Michael Root, dated June 20, 2002, under Job No. TOPO2, as follows: a) Encroachment of fence line onto to property adjoining on the north; b) Encroachment of fence /retaining wall onto the northwesterly and southwesterly adjolners; c) Access to Parcel A by the easement shown in Parcel B is blocked by the existence of two fences at the northerly boundary of Parcel A. KING.WA Document: DED WAR 2002.0806002130 Page 4 of 4 Printed on 4/27/2006 3:25:16 PM Provided by Data Trace System 8204190440 FOR WATER SERVICE The undersigned owner(s) hereby make application for water service to property. legally described as follow: POR GL 10 BEG AT NXN OF W MGN OF ST HWY # 1 & N MGN OF C OF S PIPE LN R/W BEING TPOB TW S 89 -30 -59 W 414.14 FT TH N 5E -42 -14 W 80.75 FT TH N 33 -16 -12 E 137 FT TH N 0 -23 -17 W 30 FT TH N 46- 08 -49E 74.9 FT TH N 33- 16 -12E 77 FT TO S. MGN OF TRANS LN R/W TH SO 7 -20 .5')E TO W MGN HWY #1 TH SWLY ALG MGN SD HWY TO TPOB STATE OF F. & V. INVESTMENTS 11061 -63 Pacific Highway S Seattle, Wa 98168 O a a C which property has not previously been assessed 1r standard watermains. O In consideration of the privilege of connecting said premises to abutting water - mains. the undersigned agree to pay the sum of $2 799.38 , being a special Oa tap charge equal to $ /1./.5 per unit of frontage of the property to be served by such connection. Said sus is to be paid in forty (40) quarterly installments, with interest computed quarterly on unpaid balances at 6.5S per annum. Such charge will be in addition to other charges provided by Ordinance 65877 of the City of Seattle. as amended, including specifically, but not limited to. the usual connection charge. It is understood and agreed that any unpaid balance of the sum hereinabova specified may be paid in full at any tine. In the event of Bale of said property by the undersigned owner(s), the buyer must arrange with the Water Department of the City of Seattle to assume the balance then due under this agreement or such balance shall become immediately due and payable. In addition to any other remedies of the City of Seattle under this agreement, the Superintendent of the Water Department may, in the event of delinquency in any payment of such special tap charge or interest thereon. disconnect the water service hereinabove provided for and r use to supply water for the above described premises until all such delinquent sums have been paid. It is agreed tnat the principal sum and interest due undcz hc.ter s ^f this agreement are to be considered and become a charge against the above described property and that such property shall stand as security for such obligation. The undersigned owner(s) agree to comply with all rules and regulations of the Water Department of the City of Seattle relating to the furnishing of water service to be above described premises. Dated this / n -77— /ea Afiee 3/ 9/8,Z W. :1 County of King y Co this day personally appeared before me to me known to be the individual(s) described and who foregoing instrument ` and acknowledged that / signed free and voluntary act and deed, for the uses purposes WITNESS my &end and official seal the day/and year in above written. , , . day of APPLICATION AND AGREENENdT wMa 62Vo 32•'04'19 RECO F CPSHSL i l rL ARY PUBLIC n and /the State of Washington. residing •C Seattle *0440 A 3.00 * ** *3,30 22 OWNER: Owner (Print Name) • • City of Tukwila Department ofPubllc Works RECEIVED FEB 1 31995 KIN( MI !PITY ( ROER 04.1„,l/J: UNDEROROUNDINO AOREENENT WAIVER TO UNDEROROUNDINO ORDINANCE OBLIGATION FOR FUTURE UNDEROROUNDINO John W Rant., Moor Rnas A. Eamst, P. E., Director CRY OFTUKWILA 6200 SOtlTHCENTER BLVD. TUKWILA, WA 88188 • The proposed development at 1 0 1 PAG NC— IGHWAt (street address) require■ undergrounding per Ordinances 486. 924 and 1321. In compliance with the requirements of Ordinance No. 1607 the property owner for the alto described above has demonstrated application of the Undergroundtng Ordinance will create undue hardship if carried out as part of the development. The Owner 1e obligated to participate In funding future undergrounding improvements for their proportionate ehara of said undergrounding fronting their property. Furthermore, if the L.I.D. /U.L,I.D. process Ss used to carry out the conetructton of this undergrounding, the Owner wolves the right to protest L.I.D. or U.L,I.D. formation for this undergrounding. Owner retains the right to Contset the method of calculating oesesemanta in 'such L.I.D. end the amount thereof to be levied against the Owner's subject property, and other property owned by Owner which would be within such L.I.D, Thle Agreement shall be recorded by the City Clerk with the King County Auditor ■e required by Chapter 35,91 RCW end the coat of maid recording will be paid by the City. This Agreement shall be binding upon the parties, their respective heira, legal representatives. assignees. tranofereee and auccoeeore. Thi■ Agreement runs with the land. Owner (Signature) f1/4n, EL M,45tQ.O S 10 +13t 2. S Street Address Page I of 2 14\ 12 l°14► `( Data Phone 323 53'1,3 SCA B LOA •9Si City. State. Zip (5/94) csp 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 1206)4334179 • fir 1206) 431•36d5 STATE OT WASHINGTON County of KING On this day personally appeared before me MICHAEL MASTRO to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that HE signed the same ae 111 free and voluntary set and deed, for the uees and purpoees tharein mentioned. Given under my hand and official Beal this 19 94 ► ► .uuau a► "4)4:p.510114 .EA ( § V * TARp - -►.'r- = °UDt'` %V '17- • CITY OF TUK(NILA: ublic Works Director (C:walver.com) • • NO AR PUBLIC TO OT WA INOSON, R D ■te Pape 2 of 2 .13 TOP :11. 92 INV.: 10.42 N. iv: 842 W. . 20ASMNT ... FOR ROADWAY, / 'EEE (SEE PARCEL -8" .0 ..-/ P DESCRiPTION 1 ,. _......../ I\ • C••••"'"-----'s ----. . 0 c? -.• • 55 MANHOLE ( N.W.C. OF INTERSECTION) TOP :12.75 INV. : -3.4 3 PAINTED c•I 44/ 0) Id (1./ ° •••• / ••• ./ / A I -.. it• -....... ... r-i I 'V 0/ 7z4, L —z--; -4-77 • v. c.-- — y 0 l M ! . 21 ...... /c ROSS 4 i T0¼12.05 ---.1 •. PI/ 1 tp,o,a.pARC EL ee,& POS. P A R C E L A V.C TOP:12.77 V.C. TOP:12.30 V•C. MR :12.33 rePA'advid9LEY Afe-47-14t/ pie I I ..-a-,W.CE 47/.27 55 MANNO TOP :1?-5 INV : -2.86 e SIVicatiT (;) : 4.) 1. • B. ) P: 11.76 N V. : 10.26 • — (R) , — _I .1 i y I • . • w000 GUARD R AIL / SANITARY "'• 62 1. I LIFT STATION IG 1 STORY CONCRETE---....„ OE WAT ERING WELL BUIL DING,FF. 11.76 • ,6x30 PVC WREENED '2 • A. ef' (0 sz, 131 oi 74."105. EDG 0 ...../.../' i (ts ---2.E.,.....SX 96.53 .1 ....,... P41Nr s • Il c pu ,' - ----- • / • CD 0 / / / . • 1 / tvc TOP:13.10 BE( . (SE ' ELI • • AOOlication for Deferral of Underground Utilities (To replace overhead line to structure at 11061 Pacific dry, South) 11061 Pacific Highsay So. HARDSHIP: (0) Cost UNDERGROUND IPer City Light Cossercial Consultant (Mary) 0511319 OVERHEAD 3 210.20 t 2,000.00 Minisua 93.60 Conduit 1,I71FT. 93.00 Clasps 372.00 Engineering 186.00 trap wires 118.00 Engineering(5ite Visit) t 2,862.60 Minieua(could be such sore) t 14.00 Engineer 27.00 Mardare 132.00 Connect 43.20 .541(0 Sire 24.00 Meter 1 2,592.60 Noce for Underground (2) Boeing worts 17)0ays a eeek,(24) Hrs.lOay this would block their access (31 Many other utilities in the road which would cause technical difficulties in crossing 8907310796 AP ' : OVE E OF AS •, C C • CITY OF TUKWILA WASHINGTON ORDINANCE NO /S /S AN ORDINANCE OF THE CITY OF TUKWILA, WASHING- TON. AMENDING ORDINANCE NO. 1503 TO CORRECT THE LEGAL DESCRIPTION OF PROPERTY ANNEXED TO THE CITY OF TUKWILA AND DECLARING AN EMERGENCY. WHEREAS, it has come to the attention of the City Council that Exhibit A to Ordinance No. 1503, passed February 21. 1989, contained art incorrect legal descrip- tion, and WHEREAS. it is necessary to correct such legal description to complete the annexation of the full area approved by the Boundary Review Board and approved by vote of the residents, and WHEREAS, it is necessary for the public peace and safely that the correct O] boundaries be established within the jurisdiction of the City as soon as possible: C7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA. ("3 WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment. Ordinance No. 1503 of the City of Tukwila, Washing - ;U ton, is hereby amended by replacing Exhibit A to said Ordinance with Exhibit A to this Ordinance which by this reference is incorporated herein in full. Section 2. Ratification. In all other respects, Ordinance No. 1503 shall remain in full force and effect and Is ratified hereby. Section 3. Effective Date - Declaration of Emergency. A public emergency is hereby declared for the protection of the public safety and peace and this Ordinance shall be effective Immediately. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHING- TON, this A `t day of (v1,25 ,1989. ATTEST /AUTHENTICATED: / / / . ,�.r .,...� Mckine Anderson, City Clerk FILED WITH THE CITY CLERK . - 8 - e PASSED BY THE CITY COUNCIL: - R - 97 PUBLLSHED: S- /4/ - 8 ? EFFECTIVE DATE: .r�.,.. f ORDINANCE NO. /S/s a L. Van Dusen, Mayor X. • • September 15, 1988 Revision LEGAL DESCRIPTION FOR CITY OF TUKWiLA - PROPOSED ANNEXATION (Fire District 11 Revised) BEGINNING at the intersection of the East margin of East Marginal Way South with the South line of the North 825.00 feet of the J. Buckley O.C.1142 in Section 33, Township 24 North, Range 4 East, W.M.; Thence Northwesterly along said East margin to the North line of Section 33, Township 24 North, Range 4 East, W.N. to the TRUE POINT OF BEGINNING; Thence along said North line which is also the Seattle City Limit Line S 99'17'40° E 868.00 feet more or less, to the centerline of the filled riverbed of the Duwamish River; Thence following Southerly and Easterly along this curving centerline of said filled riverbed, which is also the Seattle City Limit Line, a distance of approximately 3,400.00 feet to the North border of the Southeast quarter of Section 33, Township 24 North, Range 4 East, N.M.; Thence along said section border which is also the Seattle City Limit Line 5 88 °32'07° E 1,895.00 feet more or less to the Westerly margin of Airport Way South; Thence Southerly along said Westerly margin of Airport Way South to the East line of said Section 33; Thence Southerly along said East line which is also the Seattle City Limit Line and continuing Southerly along said Seattle City Limit L'ne and the East line of Section 4, Township 23 North, Range 4 East, W.N. to the centerline of South 104th Street; Thence East along said 104th Street which is also the Seattle City Limit Line to the Easterly boundary of Primary State Highway No. 2 (Empire Way south); Thence South along said Easterly boundary and Seattle City Limit Line 620.00 feet more or less to the Northerly margin of South 107th Street (also known as 5. Ryan Way); Thence In a Southeasterly direction along said Northerly margin and Seattle City Limit Line to the intersection of the East Line of the Northwest quarter of the Southeast quarter of Secnon 3, Township 23 North, Range 4 East, W.M., with the North line of South 107th Street, as conveyed to King County, Washington, by deed recorded under King County Auditor's File No. 3444401; Thence North along the East line of said subdivision and Seattle City Limit Line 940.00 feet, more or less to the North line of said subdivision, also known as the North line of the Southeast quarter of said Section 3; Thence East along said North line and Seattle City Limit Line to the West margin of 51st Avenue 5.; Thence South along said margin to the centerline of South 112th Street, being on the North line of Section 10, Township 23 North, Range 4 East, W.M.; Thence continuing South along said West mrargin of 51st Avenue South 452 feet more or less, to an intersection with the South line of South 113th Street, sometimes called Avon Street; Thence Westerly on the South line of said street 138.28 feet more or less to the Northwesterly corner of tax lot 334840 -1670; thence South 07 -00 -02 East 288.71 feet; thence North 69 -58 -16 West to a point 101.13 feet from the West margin of 51st Avenue South when measured along said line; thence South 05 -16 -46 East to the existing north margin of South 114th Street; thence Easterly along said North margin 50 feet more or less to the existing Seattle City Limit Line; Thence Southerly and Easterly along said Seattle City Limit Line to the East line of said Section 10; Thence South on said East line to a point approximately 2,630.0D feet South of the Northeast corner of Section 10 and on the South margin of EXHIBIT A • • Legal Description for City Of Tukwila - Proposed Annexation (Fire District 11 Revised) September 15, 1988 Revision Juniper Street, also known as South 120th Street; Thence East along said South margin and its Easterly extension approxi- mately 420 feet to the Southwest margin of Empire Way South (State Road 12); Thence Southeasterly along said Southwesterly margin to its intersec- tion with the East Right -of -Way line of SR -5 and the Northwesterly corner of tax lot 0182000195, said point being further defined as lying approximately 310 feet North of the North margin of South 126th Street ( as measured along said East Right -of -Way line of SR -5); Thence Southerly along said Easterly Right -of -Way Line to an intersec- tion with the Northeast margin of Union Pacific Railroad (AKA Oregon - Washington Railroad and Navigation Company); Thence Southeasterly along said Northeasterly railroad margin to an intersection with the North line of the Southeast 1/4 of said Section 14 -23-04: Thence continuing along said Northeasterly railroad margin to an inter- section with the Easterly production of the centerline of Edward Ave. (5. 139th Street) as platted in Hillman's Seattle Garden Tracts and vacated under Tukwila Ordinance No. 101; Thence Westerly along said Easterly production to the Southwesterly margin of the Northern Pacific Railway right -of -way, as recorded respec- tively to Volume 830, page 305, Volume 825, page 545, Volume 821, page 263 of Deeds, Records of King County, said line being also on the existing Tukwila City Limit Line; Thence Northwesterly along said margin and Tukwila City Limit Line 2,400.00 feet, more or less, to the West line of the Northeast quarter of Section 14, Township 23 North, Range 4 East, N.M.; Thence Southerly along said West line and Tukwila City Limit Una 120.00 feet, more or less, to the thread of the Duwamish River; Thence along said thread and Tukwila City Limit Line In a Northwesterly direction to the Intersection with the Southeasterly production of the Northeasterly margin of Tract 74, East Riverton Garden Tracts, according to the plat recorded in Volume 12 of Plats, page 79, in King County, Washington and City Limit Line of Tukwila as established by City Ordinance 494; Thence Northwesterly along said production and said Northeasterly margin respectively, to an Intersection with the Southeasterly margin of 57th Avenue South; Thence Southwesterly along said Southeasterly margin to the Southeasterly production of the Northeasterly margin of Tract 51 of said Plat; Thence Northwesterly along said Southeasterly production and said Northeasterly margin to the Southeast margin of 56th Avenue South; Thence Southwesterly along said Southeasterly margin to the Southwest margin of South 133rd Street; Thence Southeasterly along the Southwest margin of South 133rd Street and the Southeasterly production thereof to the thread of the Duwamish River and existing Tukwila City Limit Line; Thence downstream along said thread and Tukwila City Limit Line in a general Northwesterly direction to the intersection with the Southeasterly extension of the Southwesterly margin of Richard Street, as platted in Allentown Addition as recorded in Volume 12 of Plats, page 100, Records of King County, Washington; Thence Northwesterly along said Tukwila City Limit Line and Southeasterly extension and said Southwesterly margin 1,050.00 feet, more or less, to an intersection with the Northwesterly line of Lot 32, Block 13, said Allentown Addition; Thence Southwesterly along said Tukwila City Limit Line and Northwesterly line and the Southwesterly extension thereof to the thread of the Duwamish River; Thence Westerly along said thread and Tukwila City Limit Line 2,150.00 feet, more or less, to an angle point in the Tukwila City Limit Line and the East margin of 42nd Avenue South; Thence Southerly along said East margin and city limits 400 feet more or less. to an angle point on the city limits of Tukwila; Thence Northwesterly along said City Limit Line of Tukwila to the West margin of said 42nd Avenue South; -2- WP:(ES)P5 • • Legal Description for City Of Tukwila - Proposed Annexation (Fire District 11 Revised) September 15, 1988 Revision Thence Northerly along said margin to the Westerly line of Puget Sound Electric Railway right -of -way; Thence North along the West line of said right-of-way approximately 1030 feet more or less to a point of intersection with the Easterly exten- sion of the South line of Tract 22, of Riverside Interurban Tracts; as recorded in Vol. 10, page 74 of Plats, Records of King County, Washington; Thence West along said South line and extension to the East margin of the Pacific Highway, also known as East Marginal Way South. said point also being on the Easterly extension of the centerline of South 124th Street; Thence Northerly along said East margin to the Easterly extension of the North margin of said South 124th Street; Thence Westerly along said Easterly extension and said North margin to the East line of Lot 9, Block 4 of said Riverton Addition; as recorded in Vol. 13, page 36 of Plats, Records of King County, Washington; Tnence Northerly along said East line and the East line of Lot 16, of said Block 4 and the West line of King County Short Plat No. 785018 as recorded under King County Pecording No. 8603240930 to the South line of the Westerly portion of Lot 4 of said Short Plat; Thence Westerly along said South line to the Southwest corner of said Westerly portion; Thence Northerly along the West line thereof to the Northwest corner of said Short Plat; Thence Easterly along the North line thereof to the Westerly margin of East Marginal Way South; Thence Northerly along said West margin to the South line of the North 1,168.66 feet of Section 10; Township 23 North, Range 4 East, N.H.; Thence Westerly along said South line to the West line of said Section 10; Thence Northerly along the West line of said Section 10 to the thread C re the Ouwamish River; Thence Westerly and Northerly along said thread of the Duwamish River, bid waterway, to the North line of Section 32, Township 24, Range 4 East, (■ d.N., said point being also on the Seattle City Limit Line; C=1 Thence Easterly along said North line and the North line of said Section 23 and said Seattle City Limit Line to the TRUE POi1.T OF BEGINNING. -3- o • CITY OF TUKWILA 6200 SOU!HCENTER BLVD. TUKWILA, WA 98188 • 20011017002707 Document Title(s) (or transactions contained therein) (all areas applicable to your document mss be filled in) Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document a Grantors) (Last name, first name, initials) 1 A ud (Q`t.� , 2 , Additional names on page of document Grantee(s) (Last name firs then first name and hats) 1 A c . V. .. L. / We"' .. .Ain d.. �� , �� S r 2 Additional names on page of document Legal d (abbreviated i e lot, block, plat or section, township, range) 1-vT 10 i,.46 (44- 0 / 7 ,ud n� 4t Additional legal is on page b .,J of document Assessor's Property Tax Parcel/Accou m er ❑ Assessor Tax # not yet assigned 04 9-10‘"• g lira s' 04v7o1 The Auditor/Recorder will rely on the information provided on the form The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein Return Address: —pNk- wL j&. 1 4 , 50tAilf r Le►fnh(h 4 • 5 p ee• Pico Akio 1 NR. -J90ao • • r 1 l ipi il`i1 2 19 P 0 033 KING COUNTY, NA Please pant or type Information WASHINGTON STATE RECORDER'S Cover Sheet ( RCW 6504 I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18 010 I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party See attached Exhibit "A" • • EXHIBIT I1 Attachment D DEED OF RIGHT TO USE LAND FOR PUBLIC AQUATIC LANDS ACCESS PURPOSES (Easement for Public Use) The Grantor, King County, A Political Subdivision of the State of Washington for and in consideration of monies coming in whole or in part from the Aquatic Lands Enhancement '►ccount of the General Fund of the State of Washington (State) and in fulfillment of terms of the "roject Agreement identified below, conveys and grants to the State of Washington individually and as the representative of all the people of the State, the nght to use the real property described below forever for the aquatic access purposes described in the Project Agreement entered into between the Grantor and the State of Washington through the Department of Natural Resources v— zntitled Site One/Duwamish Project NumberAL- 01- 3signed by the Grantor on the 24 day of r? July and by the State on the day of 2001 and the application and supporting materials which are N on file with the Grantor and the state in connection with the Project Agreement The Grantor will not make or permit to be made any use of the real property described in this deed, or any part of it, which is inconsistent with the nght to use for the public aquatic access ° herein granted unless the state, through the Department of Natural Resources or its successors, consents to the inconsistent use Such consent shall be granted only upon conditions which will ensure that other aquatic access land, of at least equal fair market value at the time of change of use, and of as nearly as feasible equivalent usefulness and location for the public aquatic land access purposes for which state assistance was originally granted, shall be substituted for the original real property The real property covered by this deed is described as follows: This deed shall in no way modified or extinguish the functions of the Grantor under the Project Agreement, including the Grantor's functions to operate and maintain the land as set out in the Project Agreement The nghts and obligation of the state and Grantee shall be binding upon the respective successors and assignees Dated this j G il— day of Q G ,-i§ 2401. By STATE OF WAHSINGTON) `.= )SS. • COUNTY OF T_ , k M� � �'SAArC<+t J�s�oM ° THIS IS TO CERTIFY that on this) (o day of Dt4716 , 2001 before me the undersigned Notary Pubhc in and for the State of Washington, duly commissioned and sworn, personally appeared , V� (2,..QV j r. , to me personally known to be the tai Wt�Qivls �,( .evi , of the k- that executed the foregoing deed and acknow ed ed to me that they signed and sealed the same as the Free and voluntary act and deed of said Co.c„w`F and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of said etriAatr WITNESS my hand and official seal the day and year in this certificate first above written (signature) R.;+1, A l20 u�� Notary Public in an for the State of Washington, resid ' 1 R x� County My Commission expires 4 ■ _ o a s'EV ►...""��y. , `, stn �.. -1. a �pUSr d � EG A 1I B�� q4O y o : Si i'll Op WO +n1181 • KING COUNTY ELLIOTT BAY RESTORATION PROGRAM SITE -1 DUWAMISH PROJECT PARCEL #1 THROUGH 3 PARCEL A: EXHIBIT A LEGAL DESCRIPTION That portion of Government Lot 10, Section 4, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the West margin of State Highway No. 1 and the North margin of the City of Seattle pipeline right of way as condemned by King County Superior Court Cause No. 121648; Thence along the North margin of the City of Seattle pipeline right of way South 89 ° 30'59" West 414.14 feet to the TRUE POINT OF BEGINNING; Thence North 58 ° 42'14" West 80.75 feet; Thence North 33 ° 16'12" East 137.00 feet; Thence North 0 ° 23'17" West 30.00 feet; Thence North 46 ° 08'49" East 74.59 feet; Thence North 33 °16'12" East 77.00 feet to the South City of Seattle transmission line right of way as King County Superior Court Cause No. 469557; Thence North 57 ° 20'50" West along said margin to the of the Duwamish River; Thence Southwesterly along said river to the North City of Seattle pipeline right of way; Thence along said North margin North 89 °30'59" East more or less, to the TRUE POINT OF BEGINNING; margin of the condemned by Easterly bank margin of the 344.27 feet, TOGETHER WITH an easement for road right of way, 15 feet wide as described in deed recorded under Recording Number 7212290704. PARCEL B: • That portion of Government Lot 10, in Section 4, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the West margin of State Highway No. 1 and the North margin of the City of Seattle pipeline right of way as condemned by King County Superior Court Cause No. 121648 and the TRUE POINT OF BEGINNING; Thence along the North margin of the City of Seattle Pipeline right of way South 89 ° 30'59" West 141.14 feet; Thence North 58 ° 42'14" West 80.75 feet; Thence North 33 ° 16'12" East 137.00 feet; Thence North 0 ° 23'17" West 30.00 feet; Thence North 46 ° 08'49" East 74.59 feet; Thence North 33 ° 16'12" East 77.00 feet to the South margin of the City of Seattle transmission line right of way; Thence south 57 °20'50" East to the West margin of State Highway No. 1; Thence Southwesterly along the Westerly margin of said Highway to the TRUE POINT OF BEGINNING; TOGETHER WITH an easement for roadway purposes over a tract of land 20 feet in width, the Northerly margin of which is described as follows: Beginning at a point on the West margin of State Highway No. 1 that is North 18 ° 57'20" East 156 feet from the intersection of said West margin with the North margin of said pipeline right of way; Thence North 78 ° 00'00" West 196.53 feet to a point of intersection with the Southerly margin of the said transmission line right of way. 20011023001460 RETURN ADDRESS loco eouc - b,JR /w1 /2i 10: k5c- A /Q - 04 , 0 o d//i.) ,om Please pnnt neatly or type information Document Title(s) Grantors) (Last, First and Middle halal) kifr4 Cou a�ry- ;III K 200 y 1 2 01 60 k 0 r / d el o pe coN 6 0.e ingtlIN ! tJA attire $SI ✓err, yam- lI Reference Numbers(s) of related documents /1-C- ao- -/1s74 Grantees) (Last, First and Middle Initial) o4451 T .rk„ t dOre' y- c44 Additional Reference N's on page Legal Description (abbreviated form i e. lot, block, plat or section, township, range, quarter /quarter) Assessor's Property Tax Parcel /Account Number P tot/ d 44 3o01 9 se olFa 3oit-- 9 / /d'-,5 Additional grantors on page Additional grantees on page ____ u/ Additional legal is on page �y Additional parcel Y's on page The Auditor /Recorder will rely on the information provided on this form The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. Appendix C • • DEED OF RIGHT TO USE LAND FOR SALMON RECOVERY AND CONSERVATION PURPOSES The Grantor, King County for and in consideration of monies coming in whole or in part from the Salmon Recovery Funding Board of the State of Washmgton and m fulfillment of the terms of the Project Agreement identified below, conveys and grants to the State of Washington individually and as the representative of the of the People of the State, the nght to use the property described below forever for salmon recovery and conservation purposes Those purposes are descnbed in the Project Agreement entered into between the Grantor and the State of Washington through the Salmon Recovery Funding Board, titled Site 1 Duwamish, Project No 00 -1151A signed by the Grantor on the 3' day of October, 2001 and by the Salmon Recovery Funding Board on the 11 day of September, 2001 and the application and supporting matenals are on file with the Grantor and the State in connection with the Project agreement. The Grantor will not make or permit to be made any use of the real property descnbed in this deed, or in any part of it, which is inconsistent with the nght to use for the salmon recovery and conservation purposes herem granted unless the State, through the Salmon Recovery Funding Board or its successors, consents to the inconsistent use This consent shall be granted only upon the following conditions, which will ensure other land will be substituted The conditions are that the substituted salmon recovery and conservation land must be. (1) of at least equal fair market value at the time of change of use and of as nearly as feasible equivalent (2) qualities, (3) characteristics and 94) location for salmon recovery and conservation purposes for which state assistance was onginally granted The real property covered by this deed is described as follows: See Attached Exhibit "A" THIS IS TO CERTIFY that on this (C day of OC.- 015F ,20 4>, , before me the Undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared . DA-ii V. CA AJ to me This J'o Ass Ai individual is to be the pifrptAvoLikom 1 2 v, of the e //ye' 6 ovry that executed the foregomg deed and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said C>i)i•rcl and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of said Ntr WITNESS my hand and official seal the day and year in this ittitailiiirrif4Scit. tt; 01ARy written This deed shall in no way modify or extinguish the functions of the Grantor under the Project Agreement, including the Grantor's functions to operate and maintain the land as set out m the Project Agreement Dated this 41 " - day of By Title 4dr;445151.604444tote-v lAideVaNti L4.4 kestilArcespivisio,, ATTEST. STATE OF WASHINGTON) ) SS. COUNTY OF Notary Public in and for th e of Washington, residing in My Commission expires 6/-3o/o-i— E. POSVP CV/ :7 •• l e o 4,4 W AtAt# f/ "IMMO County • KING COUNTY ELLIOTT BAY RESTORATION PROGRAM SITE -1 DUWAMISH PROJECT PARCEL #1 THROUGH 3 PARCEL A: • • EXHIBIT A LEGAL DESCRIPTION That portion of Government Lot 10, Section 4, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: cm uz Beginning at the intersection of the West margin of State Highway CD No. 1 and the North margin of the City of Seattle pipeline right of way as condemned by King County Superior Court Cause No. m 121648; h , Thence along the North margin of the City of Seattle pipeline ° right of way South 89 ° 30'59" West 414.14 feet to the TRUE POINT OF BEGINNING; 0 N Thence North 58 ° 42'14" West 80.75 feet; Thence North 33 ° 16'12" East 137.00 feet; Thence North 0 ° 23'17" West 30.00 feet; Thence North 46 ° 08'49" East 74.59 feet; Thence North 33 ° 16'12" East 77.00 feet to the South margin of the City of Seattle transmission line right of way as condemned by King County Superior Court Cause No. 469557; Thence North 57 ° 20'50" West along said margin to the Easterly bank of the Duwamish River; Thence Southwesterly along said river to the North margin of the City of Seattle pipeline right of way; Thence along said North margin North 89 ° 30'59" East 344.27 feet, more or less, to the TRUE POINT OF BEGINNING; TOGETHER WITH an easement for road right of way, 15 feet wide as described in deed recorded under Recording Number 7212290704. PARCEL B: • • That portion of Government Lot 10, in Section 4, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the West margin of State Highway No. 1 and the North margin of the City of Seattle pipeline right of way as condemned by King County Superior Court Cause No. 121648 and the TRUE POINT OF BEGINNING; Thence along the North margin of the City of Seattle Pipeline right of way South 89 ° 30'59" West 141.14 feet; Thence North 58 ° 42'14" West 80.75 feet; Thence North 33 ° 16'12" East 137.00 feet; Thence North 0 ° 23'17" West 30.00 feet; Thence North 46 ° 08'49" East 74.59 feet; Thence North 33 ° 16'12" East 77.00 feet to the South margin of the City of Seattle transmission line right of way; Thence South 57 ° 20'50" East to the West margin of State Highway No. 1; Thence Southwesterly along the Westerly margin of said Highway to the TRUE POINT OF BEGINNING; TOGETHER WITH an easement for roadway purposes over a tract of land 20 feet in width, the Northerly margin of which is described as follows: Beginning at a point on the West margin of State Highway No. 1 that is North 18 ° 57'20" East 156 feet from the intersection of said West margin with the North margin of said pipeline right of way; Thence North 78 ° 00'00" West 196.53 feet to a point of intersection with the Southerly margin of the said transmission line right of way. 20010611001740 RETURN ADDRESS: THE COMMERCE BANK OF WASHINGTON, N.A. 601 UNION STREET, SUfTE 3600 SEATTLE, WA 98101 • • 1 1 I I I I I I III' 1 11 1 / 1 1 1 I II II I II il Aft 106 TIT c oLvdry ? 1. DEED OF TRUST Reference # (d applicable): Additional on page Grantor(s) (,�,-- �.c .f. 1. MASTRO, MICHAEL R �W \ T Grantee(s)/AssigneeBenef i ciary THE COMMERCE BANK OF WASHINGTON, N.A , Beneficiary PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC., Trustee Legal Description PTN GL10, 04 -23-04 Assessor's Tax Parcel ID# 042304- 9114 -09 & 042304 - 9148 -09 gti', - 05 1 1 1,1, I l 1 1 111 11 III 7 It I II 1 � I I 1 111 I I, 1 1;; II 1111 ll 1 L1 I II I il 111I l it Ilj IP1 ;1 1 11 1 1 1 1 1 1 1 1 11 1 1 1 11 1 i 'I I 11 111 I li l ' I!il 111 1 I! 1 I IIII 1 1 11 111 II .1 1 I II 1,1 Ili' I' � 11 ;$ I I! 1 1111 l 11! I III I ' 111 1 1 11 I! 11 II ! l 11 1 11 1 + I i l l 111 I I II(I I 107;4 " Additional on page 2 THIS DEED OF TRUST IS DATED JUNE 8, 2001, among MICHAEL R. MASTRO, A MARRIED MAN, AS HIS SEPARATE ESTATE, whose mailing address is 610 RAINIER AVENUE SOUTH, SEATTLE, WA 98144 (referred to below as "Grantor "); THE COMMERCE BANK OF WASHINGTON, N.A., whose mailing address Is 601 UNION STREET, SUITE 3600, SEATTLE, WA 98101 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC., whose mailing address is 215 COLUMBIA STREET, SEATTLE, WA 98104 (referred to below as "Trustee "). SEE EXHIBIT A • • 06-08 -2001 DEED OF TRUST Page 2 Loan No (Continued) CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys to Trustee In (rust with power of sale, right of entry and possession and for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest nn and to the following descnbed real property, together wdh all existing or subsequently erected or affixed buildings, improvements and fixtures, all easements, rights of way, and appurtenances, all water, water rights and ddch nghts (including stock in utilities with ddch or imgabon nghts), and all other nghts, royalties, and profits relating to the real property, including without limitation all minerals, od, gas, geothermal and similar matters, located in KING County, State of Washington (the "Real Property"): The Real Property or its address is commonly known as 2922 SOUTH 112TH STREET, TUKWILA, WA 9816B, The Real Property tax identification number is 042304 - 9 1 1 4-09 & 042304- 914809 Grantor hereby assigns as secunty to Lender, all of Grantors right, title, and interest in and to all leases, Rents, and profits of the Property This assignment is recorded in accordance with RCW 6.5 08 070, the hen created by this assignment is intended to be specific, perfected and choate upon the recording of this Deed of Trust Lender grants to Grantor a license to collect the Rents and profits, which license may be revoked at Lender's option and shall be automabcafy revoked upon acceleration of all or part of the Indebtedness DEFINITIONS, The following words shall have the following meanings when used in this Deed of Trust Terms not otherwise defined in this Deed of Trust shall have the meanings attnbuted to such terms in the Uniform Commercial Code Alt references to dollar amounts shall mean amounts in lawful money of the United States of Amenca Beneficlary The word "Beneficiary' means THE COMMERCE BANK OF WASHINGTON, N A , its successors and assigns THE COMMERCE BANK OF WASHINGTON, N A also is referred to as "Lender" in this Deed of Trust Deed of Trust The words "Deed of Trust' mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and secunty interest provisions relating to the Personal Property and Rents Grantor The word *Grantor" means any and all persons and entities executing this Deed of Trust, including without limitation MICHAEL R MASTRO Guarantor The word "Guarantor" means and includes without limitation any and all guarantors, sureties, and accommodation parhes in connection with the Indebtedness Improvements The word "Improvements" means and includes without limitation alt exishng and luture improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property Indebtedness. The word Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses Incurred by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust Lender, The word 'Lender" means THE COMMERCE BANK OF WASHINGTON, N A , its successors and assigns Note, The Word 'Note" means the Note dated dune a, 2001, In the original principal amount of $2,000,000,00 from Grantor to Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note NOTICE TO GRANTOR; THE NOTE CONTAINS A VARIABLE INTEREST RATE Personal Properly, The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Properly, together with all accessions, parts, and additions to, all replacements of, and all substitutions lor, any of such property, and together with all issues and profits thereon and proceeds (including walhout bmitabon all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property Property, The word "Properly' means collectively the Real Property and the Personal Property Real Property, The words "Real Property' mean the property, interests and nghts descnbed above in the "Conveyance and Grant" section Related Documents The words 'Rebated Documents" mean and include without hmdation all promissory notes, credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness, provided, that the environrnental indemnity agreements are not 'Related Documents" and are not secured by this Deed of Trust Rents, The word "Rents" means ail present and future rents, revenues, income, issues, royalties, profits, and other benefits denved from the Property Trustee, The word 'Trustee" means PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC and any 06-08 -2001 Loan No DEED OF TRUST Page 3 (Continued) substitute or successor trustees THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBUGATIONS OF GRANTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to lender ell amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions Possession and Use. Until the occurrence of an Event of Default, Grantor may (a) remain in possession and control of the Property, (b) use, operate or manage the Property, and (c) collect any Rents from the Property (this pnvdege is a license from Lender to Grantor automabcally revoked upon default) The following provisions relate to the use of the Property or to other limitations on the Property The Real Property is not used principally for agncuttural purposes Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value Nutsance, Waste Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stepping of or waste on or to the Property or any portion of the Property Without limiting the generality of the foregoing, Grantor wdl not remove, or grant to any other party the nght to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior wntten consent of Lender Removal of Improvements Grantor shad not demolish or remove any Improvements from the Real Property without the pnor wntten consent of Lender As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value Lender's Rtght to Enter Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust o Compliance with Governmental Requirements Grantor shall promptly comply, and shall promptly cause compliance by all agents, tenants or other persons or entitras of every nature whatsoever who rent, lease or otherwise .-- use or occupy the Property in any manner, writ all laws, ordinances, and regulations, now or hereafter in effect, of all co governmental authonties applicable to the use or occupancy of the Property, including without limitation, the Cn Amencans With Disabrdtws Act Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in •- writing prior to doing so and so tong as, in Lenders sole opinion, Lenders interests in the Property are not jeopardized Lender may reciter(' Grantor to post adequate security or a surety bond, reasonably satisfactory to N Lender, to protect Lender's interest Duty 10 Protect. Grantor agrees neither to abandon nor leave unattended the Property Grantor shall do all other acts, in addibon to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property DUE ON SALE - CONSENT BY LENDER Lender may, at ds option, (a) declare immediately due and payable all sums secured by this Deed of Trust or (b) increase the interest rate provided for in the Note or other document evidencing the Indebtedness and impose such other conddions as Lender deems appropnate, upon the sale or transfer, without the Lender's prior wntten consent, of all or any part of the Real Property, or any interest in the Real Property A "sale or transfer" means the conveyance of Real Property or any nght, title or interest therein, whether legal, beneficial or equitable, whether voluntary or involuntary; whether by outright sale, deed, installment sate contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding bile to the Real Property, or by any other method of conveyance of Real Property interest If any Grantor is a corporation, partnership or limited kabdity company, transfer also includes any change in ownership of more than twenty -five percent (25 %) of the voting stock, partnership interests or limited liability company interests, as the case may be, of Grantor However, this option shall not ba exercised by Lender d such exercise is prohibited by federal law or by Washington law TAXES AND LIENS The following provisions relating to the taxes and bens on the Property are a part of this Deed of Trust Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property Grantor shall maintain the Property free of al (lens having pnonly over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust • • 06 -08 -2001 DEED OF TRUST Page 4 Loan No (Continued) Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligabon to pay, so long as Lender's interest in the Properly is not jeopardized If a lien anses or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the hen arises or, if a ben is bled, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the hen In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse Judgment before enforcement against the Property Grantor shall name Lender as an additronat obligee under any surety bond furnished in the contest proceedings Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authonze the appropnate governmental official to deliver to Lender at any time a wntten statement of the taxes and assessments against the Property Notice of Construction. Grantor shall notify Lender at least fifteen (16) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, matenalmen's ken, or other ben could be asserted on account of the work, services, or materials Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements PROPERTY DAMAGE INSURANCE, The following provisions relating to msunng the Property are a part of this Deed of Trust Maintenance 01 insurance Grantor shall procure and mantain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covenng all Improvements on the Real Property in an amount suftraent to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with trustee and Lender being named as additional insureds in such liability insurance policies Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and baler insurance, as Lender may reasonably require Policies shall be wntten on form, amounts, coverages and basis reasonably acceptable 10 Lender and issued by a company or companies reasonably acceptable to Lender Grantor, upon request of Lender, WI deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, Including stipulations that coverages will not be cancelled or diminished without al least ten (10) days' pnor written notice to Lender Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person Should the Real Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Grantor agrees to obtain and maintain Federal Flood Insurance tor the full unpaid principal balance of the loan and any pnor kens on the property secunng the loan, up to the maximum policy limits set under the Nabonal Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan Application of Proceeds Grantor shall promptly notify Lender of any Toss or damage to the Property Lender may make proof of toss rf Grantor falls to do so wlthnn fifteen (16) days of the casualty Whether or not Lender's secuny Is impaired, Lender may, at its etecbon, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any ben affecting the Property, or the restoration and repair of the Properly If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not an default under this Deed of Trust Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not commuted to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness If Lender holds any proceeds after payment In full of the Indebtedness, such proceeds stall be paid without interest to Grantor as Grantor's Interests may appear Unexpired tnsurance at Sale. Any unexpired insurance shalt inure to the benefit of, and pass 1o, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing (a) the name of the Insurer, (b) the nsks insured, (c) the amount of the poky, (d) the property insured, the then current replacement value of such property, and the manner of determining that value, and (0) the expiration date of the policy Grantor shall, upon request of Lender, have an independent appraiser sabsfactory to Lender determine the cash value replacement cost of the Property EXPENDITURES BY LENDER It Grantor fails to comply with any provision of this Deed of Trust, or d any action or proceeding is commenced that would materially affect Lender's interests in the Property, Lender on Grantor's behalf may, but shag not be required to, take any action that Lender deems appropnate Any amount that Lender expends In so doing MI bear interest at the rate provided for in the Note kom the date incurred or paid by Lender to the date of repayment by Grantor Ail such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Note 06-08-2001 Loan No DEED OF TRUST (Continued) Page 5 and be apportioned among and be payabte with any installment payments to become due during either (r) the term of any applicable insurance policy or (u) the remaining term of the Note, or (o) be treated as a balloon payment which will be due and payabte at the Note's maturity This Deed of Trust also win secure payment of these amounts The rights provided for in this paragraph shall be in addition to any other nghts or any remedies 10 which Lender may be entitled on account of the default Any such action by Lender shall not be construed as miring the default so as to bar Lender from any remedy that dl otherwise would have had WARRANTY, DEFENSE OF TITLE, The following provisions retahng to ownership of the Property are a pars of this Deed of Trust Title Grantor warrants that (a) Grantor hotds good and marketable title of record to the Property m fee single, free and clear of all hens and encumbrances other than those set forth in the Real Property descnpbon or in any bile insurance pocky, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the fult nght, power, and authonty to execute and deliver this Deed of Trust to Lender Defense of Tide Subject to the exception in the paragraph above, Grantor warrants and wit forever defend the tide lo the Property against the lawful claims of all persons In the event any action or proceeding is commenced that questions Grantor's little or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the acbon at Grantor's expense Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counset of Lender's own choice, and Grantor will deliver. or cause to be delivered, to Lender such instruments as Lender may request from lime to time to permit such parbapabon Compliance With Laws. Grantor warrants that the Properly and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authonhes CONDEMNATION The following provisions relating to condemnation proceedings are a part of this Deed of Trust Application of Nei Proceeds. Hatt or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in heu of condemnabon, Lender may al its election require That all or any portion of the net proceeds of the award be appbed to the Indebtedness or the repair or restorabon of the Properly The net proceeds of the award shall mean the award alter payment of all reasonable costs, expenses, and attorneys' fees c• incurred by Trustee or Lender in connection with the condemnabon co Proceedings. If any proceeding in condemnation is fded, Grantor shall promptly nobly Lender in wnling, and Grantor shalt promptly lake such steps as may be necessary to defend the action and obtain the award Grantor may be the normal party m such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice all at Grantor's expense, and Grantor well deliver or cause to be e , delivered to Lender such instruments as may be requested by it from time to bme lo permit such parbapation IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES The following provisions retabng to governmental taxes, fees and charges are a part of this Deed of Trust co r_ Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents m addition to this Deed of Trust and lake whatever other acbon is requested by Lender to perfect and continue Lender's ben on the Real Property Grantor shalt reimburse Lender for all taxes, as descnbed below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust. including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust Taxes The following shall constitute taxes to which this sechon applies (a) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust, (b) a specific tax on Grantor which Grantor is authonzed or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust, (c) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note, and (d) a specific tax on all or any portion of the Indebtedness or on payments of pnnoipal and interest made by Grantor Subsequent Taxes If any tax to which this secbon applies is enacted subsequent to the date of this Deed of Trust, taus event shall have the same effect as an Event of Default (as defined below), and Lender may exercise any or all of its evadable remedies for an Event of Default as provided below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes and Liens secbon and deposits with Lender cash or a sufficient corporate surely bond or other secunty satisfactory to Lender SECURITY AGREEMENT, FINANCING STATEMENTS. The foltowrng provisions relating to this Deed of Trust as a secunty agreement are a part of this Deed of Trust Security Agreement This instrument shall constitute a secunty agreement to the extent any of the Property consblutes tortures or other personal property, and Lender shalt have all of the rights of a secured party under the Uniform Commercial Code as amended from bme 10 lime Security Interest. Upon request by Lender, Grantor shalt execute financing statements and lake whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property to addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further 06-08 -2001 Loan No DEED OF TRUST (Continued) Page 6 authonzation from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing This secunty interest Upon default, Grantor shall assemble the Personal Properly in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of wntten demand from Lender Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party). from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Undorm Commercial Code), are as stated on the first page of this Deed of Trust FURTHER ASSURANCES; ATTORNEY - IN - FACT The following provisions relating to further assurances and attorney- in-fact are a part of this Deed of Trust Further Assurances At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refded, or rerecorded, as the case may be, at such bmes and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, secunty deeds, secunty agreements, financing statements, continuation statements, instruments of further assurance. certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Grantor under the Note, this Deed of Trust, and the Related Documents, and (b) the liens and secunty mterests created by this Deed of Trust as first and pnor bens on the Property, whether now owned or hereafter acquired by Grantor Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in oonneotion with the matters referred to In this paragraph Attorney -In -Fact. It Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense For suoh purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delrven ig, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shalt execute and deliver to Trustee a request for fun reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on Ide evidencing Lender's security interest in the Rents and the Personal Property Any reconveyance fee shall be paid by Grantor, d permitted by applicable law The grantee in any reconveyance may be descnbed as the 'person or persons legally entitled Thereto ", and the recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness of any such matters or facts DEFAULT. Eaoh of the following, at the option of Lender. shall constitute an event of default ("Event of Default") under this Deed of Trust Default on Indebtedness Failure of Grantor to make any payment when due on the Indebtedness Defautt on Other Payments, Failure of Grantor within the bme required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any hen Compliance Default Failure of Grantor to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents False Statements, Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Deed of Trust, the Note or the Related Documents is false or misleading in any matenal respect, either now or at the lime made or furnished Defective Coltateralizatlon, This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral documents to create a valid and perfected secunty interest or lien) at any time and for any reason Death or Insolvency, The death of any Grantor or the dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor Foreclosure, Forfeiture, etc Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Property However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefeiture proceeding, provided that Grantor gives Lender wntten notoe of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace penod provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or tater 06-08 -2001 Loan No DEED OF TRUST Page 7 (Continued) Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness Lender, al its opbon, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obhgahons ansing under the guaranty in a manner sahsfactory to Lender, and, in doing so, cure the Event of Default Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes Uie prospect of payment or performance of the Indebtedness is impaired Right to Cure If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, It may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends wntten notice demanding cure of such failure (a) cures the failure within fifteen (15) days, or (b) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compbance as soon as reasonably practical RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any hme thereafter, Trustee or Lender, at its option, may exercise any one or more of the following nghts and remedies, in addition to any other nghts or remedies provided by law Accelerate Indebtedness Lender shall have the nght at its option to deoare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay Foreclosure With respect to all or any part of the Real Properly, the Trustee shall have the right to exercise its power of sale and to foreclose by notice and sale, and Lender shall have the nght to loreciose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law UCC Remedies With respect to at or any part of the Personal Property, Lender shall have all the nghts and remedies of a secured party under the Uniform Commercial Code Collect Rents Lender shall have the nghl, without notice to Grantor, to lake possesson of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, againsl the Indebtedness In furtherance of this nght, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender If the Rents are collected by Lender. then Grantor irrevocably designates Lender as Grantor's attorney -In -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver Appoint Racetver Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending loreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness The receiver may serve without bond if permitted by law Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substanbai amount Employment by Lender shall not disqualify a person from serving as a recever Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes emitted to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property Immediately upon the demand of Lender Other Remedies. Trustee or Lender shall have any other nght or remedy provided in this Deed of Trust or the Note or by law Notice of Sale Lender shag give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made Reasonable nobce shall mean notice given at least ten (10) days before the lime of the sale or dispositon Any sale of Personal Property may be made In conjunction wdh any sale of the Real Property Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all nghts to have the Properly marshalled In exercising its nghts and remedies, the Trustee or Lender shall be free to sell ail or any part of the Property together or separately, in one sale or by separate sales Lender shall be entitled to bid at any public sale on all or any portion of the Property Waiver, Election of Remedies. A waiver by any parry of a breach of a provision of this Deed of Trust shad nol constitute a waiver of or prejudice the party's nghts otherwise to demand stnct compbance with That provision or any other provision Election by Lender to pursue any remedy provided in this Deed of Trust, the Note, in any Related Document, or provided by law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust after failure of Grantor to perform shall not affect Lender's nghl to declare a default and to exercise any of its remedies • • 06-08-2001 DEED OF TRUST Page 8 Loan No (Continued) Attorneys' Fees, Expenses. If Lender institutes any suit or achon 10 enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at tnal and on any appeal Whether or not any court action is involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its nghts shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of expenditure until repaid Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction). appeals and any anticipated post — judgment edtecbon services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law Grantor also will pay any court costs, in addition to all other sums provided by law Rights of Trustee Trustee shall have all of the nghts and duties of Lender as set forth in this section POWERS AND O1.IGATIONS OF TRUSTEE The following provisions relating to the powers and obligations of Trustee (pursuant to Lender's instructions) are part of this Deed of Trust Powers of Trustee In addihon to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Properly upon the wntten request of Lender and Grantor (a) four in prepanng and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public, (b) loin in granting any easement or creating any restnctan on the Real Property, and (c) join in any subordination or other agreement affeobng this Deed of Trust or the interest of Lender under this Deed of Trust Obtigations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or ben, or of any achon or proceeding in winch Grantor, Lender, or Trustee shall be a party, unless required by applicable law, or unless the achon or proceeding is brought by Trustee Trustee. Trustee shall meet all qualifcabonts required for Trustee under applicable law In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the nght to foredose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law Suocessor Trustee lender, at Lenders option, may from time to time appoint a successor Trustee to any Trustee ca appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the —s recorder of KING County, Washington The instrument shall contain, in addition to all other matters required by state law, the names of the engine! Lender, Trustee, and Grantor, the book and page or the Auditor's File Number where this Deed of Trust is recorded, and the name and address of the suocessor trustee, and the instrument shall be c.: executed and acknowledged by Lender or its successors in interest The successor trustee, without conveyance of C' the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by r" applicable law Ths procedure for substitution of trustee shall govern to the exclusion of all other provisions for subsbtubon cc> NOTICES TO GRANTOR AND OTHER PARTIES, Subject to applicable law, and except for notice required or allowed by G' law to be given in another manner, any notice under this Deed of Trust shall be in wnting, may be sent by telefacsimde (unless otherwise required by law), and shall be etfec when actually delivered, or when deposited with a nationally "" recognized overnight couner, or, if mailed, shall be deemed effective when deposited in the United States mad first class, = certified or registered mad, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust C• Any party may change its address for notices under this Deed of Trust by giving formal wntten notice to the other parties, specifying that the purpose of the notice Is to change the party's address All copies of notices of foreclosure from the holder of any ben which has pnonty over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust For notice purposes, Grantor agrees to keep Lender and Trustee informed at all times of Grantor% current address MISCELLANEOUS PROVISIONS The following miscellaneous provisions are a part of this Deed otTrust Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust No alterabon of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment Annual Reports If the Property is used for purposes other than Grantors residence, Grantor shall furnish to Lender, upon request, a certified statement of net operabng income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require "Net operating income' shall mean all cash receipts from the Property less aU cash expenditures made in connection with the operation of the Property Applicable Law, This Deed of Trust has been delivered lo Lender and accepted by Lender In the State of Washington. Subject to the provisions on arbitration, this Deed of Trust shall be governed by and construed in accordance with the laws of the State of Washington. Captton Headings Caption headings in this Deed of Trust are for convenience purposes only and are not to be to X 06-08 -2001 DEED OF TRUST Page 9 Loan No (Continued) used to interpret or define the provisions of this Deed of Trust Merger There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the beneM of Lender in any capacity, without the wntten consent of Lender Severablhty. If a court of competent lurisdicbon finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforoeabibty or validity, however, d the offending provision cannot be so modified, it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable Successors and Assigns Subject to the limitabons stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obbgabons of this Deed of Trust or liability under the Indebtedness Time la of the Essence Time is of the essence in the performance of this Deed of Trust Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trusl (or under the Related Documents) unless such waiver is in wnting and signed by Lender No delay or omission on the part of Lender in exercising any nghl shall operate as a waiver of such right or any other nght A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's nght otherwise to demand strict compbance with that provsion or any other provision No pnor waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions Whenever consent by Lender is required in this Deed of Trust, the grantmg of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required Waiver of Homestead Exemption Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by this Deed of Trust EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS GRANTOR STATE OF COUNTY OF By • • Notary Public In and for the State of 0/4" W) N%% / ".0 •' niON''• , ti INDIVIDUAL ACKNOWLEDGMEI � '• ti rr • ►88 ) Residing at My commission expires On the day before me, the undersigned Notary Pubko, personally appeared MICHAEL R. MASTRO, personalty known to me or proved to me on the basis of sabsfactory evidence to be the individual descnbed in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned p Glvejt,u rig hand and official seal this Q day of 20 06-08 -2001 Loan No DEED OF TRUST (Continued) REQUEST FOR FULL RECONVEYANCE To , Trustee The undersigned is the legal owner and holder of all indebtedness secured by this Deed of Trust You are hereby requested, upon payment of all sums owing to you, to reconvey without warranty, to the persons entitled thereto, the nghl, title and interest now held by you under the Deed of Trust Date: Page 10 Benehclary By. Its: LASER PRO. Reg U S Pat & T M Off . Yew 3 29a (C) ConcentraX 200 1 All rights reserved IWA -G01 N3 29 MSTROTUK LN) PARCEL A. PARCEL B; • • EXHIBIT A PAGE 11 That portion of Government Lot 10, Section 4, Township 23 North, Range 4 Bast, W.N., in King County, Washington, described as follows: Beginning at tho intersection of the west margin of State Highway No. 1 and the north margin of the City of Seattle pipeline right - of -way as condemned by King County Superior Court Cause No. 121648; thence along the north margin of the City of Seattle pipeline right of way south 89 °30'59' west 414.14 feet to the TRUE POINT OF BHGIUNING; thence north 58 0 42'14' west 80.75 feet; thence north 33 °16'12' east 137.00 feet, thence north 0 °23'17• west 30.00 feet; thence north 46 °08'49• east 74.59 feet, thence north 33 °16'12" east 77.00 feet to the south margin of the City of Seattle transmission line right of way as condemned by King County superior Court Cause No. 469557; thence north 57 west along said margin to the easterly bank of the Duwamish River; thence southwesterly along said river to the north margin of the City of Seattle pipeline right of way; thence along said north margin north 89 °30'S9" east 344.27 feet, more or less, to the TRUE POINT OF BEGINNING; TOOHTEER WITH an easement for road right of way, 15 feet wide as described in deed recorded under Recording Number 7212290704. That portion of Government Lot 10, in Section 4, Township 23 North, Range 4 Bast, W.M., in King County, Washington, described as follows: Beginning at the intersection of the west margin of State Highway No. 1 and the north margin of the City of Seattle pipeline right - of -way as condemned by King County Superior Court Cause Number 121648, being the TRUE POINT OF BEGINNING; thence along the north margin of the City of Seattle Pipeline Right -of -Way south 89 °30'59" west 414.14 feet; thence north 58 °42'14° west 80 75 feet, • • LEGAL DESCRIPTION, continued_ PAGE 12 thence north 33°16'12" east 137 00 feet, thence north 0 °23'17" went 30.00 feet, thence north 46 °08'49" east 74.59 feet; thence north 33 °16'12" east 77.00 feet to the south margin of the City of Seattle transmission line right -of -way, thence south 57 °20'50° east to the west margin of State Highway No. 1, thence southwesterly along the westerly margin of said Highway to the TRUE POINT OF BEGINNING, TOGETHER WITH an easement for roadway purposes over a tract of and 20 feet in width, the northerly margin of which ie described as follows. Beginning at a point on the west margin of State Highway No. 1 that is north 18 °57'20" east 156 feet from the intersection of said west margin with the north margin of said pipeline right -of -way; thence north 78°00'00" west 196.53 feet to a point of intersection with the southerly margin of the said transmission line right -of- way. 20020806002131 czp Grantees(s) 1 MICHAEL R MASTRO Retum Address MICHAEL R MASTRO 510 RAINIER AVENUE SOUTH SEATTLE, WASHINGTON 98144 Grantor(s) • • Document Titles) (or transactions contained therein) 1 DEED OF TRUST _ /(fir 3r7- 3qo IU� 4 Reference Number(s) of Documents assigned or released: (on Page of documents(s)) e v 1 NEVSCO, LLC �� �INS�JRANCE 2 ca 4 Additional names on page of document up Additional names on page of document Legal description (abbreviated ► e lot, block plat or section, township, range) PTN GOVERNMENT LOT 10 SEC 4 TWN 23 N ROE 4 E Additional legal is on pages 8 of document Assessor's Property Tax Parcel/Account Number 042304-9148-09 Additional parcels are on page of document Washington State County Auditor/Recorder's Indexing Form (Cover Sheet) K1NG,WA Document: TDD 2002.0806002131 Printed on 4/27/2006 3:25:13 PM Provided by Data Trace System Title Officer: RT Order: 10862609 Comment: 9148 20020806002131 88 /200 1s�et ?�.e0 The Auditor /Recorder will rely on the information provided on the form The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein C i nPage 1 of 6 7.214°. Return to. MICHAEL R. MASTRO 510 Rainier Avenue South Seattle, Washington 98144 RE: Duwamish DEED OF TRUST DEED OF TRUST (For Use in the State of Washington Only) Title Officer: RT Order: 10862609 Comment: 9148 Grantor: NEVSCO, L L.C. Beneficiary(ies): MICHAEL R. MASTRO Legal Description. LOT 04- 23 -04, BLK 9148, CODE 2417, SEC 04, TWP 23, RG 04 Assessor's Tax Parcel IN 042304 - 9148 -09 KING, WA Document: TDD 2002.0806002131 Printed on 4/27/2006 3:25:13 PM Provided by Data Trace System �:, THIS DEED OF TRUST is made this tQ day of AUGUST, 2002, by and between c -;, NEVSCO, LLC., a Washington limited liability company ( "Grantor "), whose address is 2922 C' S. 112th St. Tukwila, WA 98168, PACIFIC NORTHWEST TITLE COMPANY, a corporation, ('Trustee "), whose address is 215 Columbia Street, Seattle, WA 98104, and c MICHAEL R. MASTRO a married man as his separate estate, ( "Beneficiary"), whose address is 510 Rainier Avenue South, Seattle, Washington 98144. . o WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of c sale, The following described real property in King County, Washington. - SEE ATTACHED EXHIBIT "A" FOR THE LEGAL DESCRIPTION MADE A PART HEREOF BY REFERENCE HEREIN. Which real property is not used principally for agricultural or farming purposes, together with all the tenements, herediments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining and the rents, issues and profits thereon This deed is for the purpose of securing performance of each agreement of grantor herein contained, and payment of the sum of ($1,600,000.00) ONE MILLION SIX HUNDRED THOUSAND DOLLARS and NO /CENTS with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon. Page 2 of 6 • • 7. To protect the security of the Deed of Trust, Grantor covenants and agrees. I To keep the property in reasonable condition and repair; to permit no waste thereof, and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; 2 To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3 To keep all buildings now or hereafter erected on the property descnbed herein continuously insured against lost by fire or other hazards m an amount not less than the total debt secured by this Deed of Trust 4 To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust 5 To pay all reasonable costs, fees and expenses incurred in enforcing the terms of this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attomey's fees actually incurred, as provided by statute. T 6 Should Grantor fail to pay when due any taxes, assessments, insurance premiums. liens, cv encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured .0 hereby, shall be added to and become a part of the debt secured in this Deed of Trust c IT IS MUTUALLY AGREED THAT c 1. In the event any portion of the property is taken or damaged in an eminent domain • proceeding, such portion of the award as may be necessary to fully satisfy tfie obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2 By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3 The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto on written requires of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary of the person entitled thereto 4 Upon default by Grantor in the payment of any indebtedness secured herby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act KING,WA Document: TDD 2002.0806002131 Printed on 4/27/2006 3:25:13 PM Provided by Data Trace System Title Officer: RT Order: 10862609 Comment: 9148 Page 3 of 6 co • Sven R. Bitners, Sole Member • Title Officer: RT Order: 10862609 Comment: 9148 of the state_of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale -.as follows (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust, (3) the surplus, if any, shall be distributed to the persons entitled thereto 5 Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquired hereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for value 6. The power of sale conferred by this Deed of trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy, Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage 7 In the event of the death, incapacity, disability, or resignation of Trustee. Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment m the mortgage records of the county to which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust at of any action or proceeding m which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. N c J NEVSCO, LLC, a Washington Limited ` Liability Company KING,WA Document: TDD 2002.0806002131 Page 4 of 6 Printed on 4/27/2006 3:25:14 PM Provided by Data Trace System A CO CP N • O p N STATE OF WASHINGTON COUNTY OF KING • • I certify that I know or have satisfactory evidence that SVEN R. MINERS signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledge it as the sole member of NEVSCO, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument DAT My appointment expires iv rtaf -,..•i 06 L Notary Public ie any or e State of Washington, Residing at � 'WTHLEE N q " 1 C w NOTARY PO 4-i i � STATE OF WA, COMM rS, ,• .' ..r JANUA °3 4 E8 Title Officer: RT Order: 10862609 Comment: 9148 KATHLEEN A ALLEN NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JANUARY 13, 2004 t KING,WA Document: TDD 2002.0806002131 Page 5 of 6 Printed on 4/27/2006 3:25:14 PM Provided by Data Trace System PARCEL A: • • Title Officer: RT Order: 10862609 Comment: 9148 THAT PORTION OF GOVERNMENT LOT 10, SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS' BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF STATE HIGHWAY NO. 1, AND THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF -WAY AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 121648, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF- WAY SOUTH 89 °30'59" WEST 414.14 FEET; THENCE NORTH 58 °42'14" WEST 80.75 FEET; THENCE NORTH 33 °16'12" EAST 137.00 FEET; THENCE NORTH 00 °23'17" WEST 30.00 FEET; THENCE NORTH 46 °08'49" EAST 74.59 FEET; THENCE NORTH 33 °16'12" EAST 77.00 FEET TO THE SOUTH MARGIN OF THE CITY OF SEATTLE TRANSMISSION LINE RIGHT -OF -WAY, THENCE SOUTH 57 °20'50" EAST TO THE WEST MARGIN OF STATE HIGHWAY NO. 1; THENCE SOUTHWESTERLY ALONG THE WESTERLY MARGIN OF SAID HIGHWAY TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: AN EASEMENT FOR ROADWAY AS ESTABLISHED IN DOCUMENT RECORDED UNDER RECORDING NO. 5112054. 1 KING,WA Document: TDD 2002.0806002131 Page 6 of 6 Printed on 4/27/2006 3:25:14 PM Provided by Data Trace System 20020923001192 RETURN ADDRESS: FOUNDATION BANK 1110 1121n Avenue NE, Suite 100 8e1IeVUe. WA 98001 o Assessor's Tax Parcel ID# 0423049148 • • KING.WA Document: TDD ASN 2002.0923001192 Printed on 4/27/2006 3:25:12 PM Provided by Data Trace System 00 1511 ;I ADT 11 N Title Officer: RT Order: 10862609 Comment: 9148 (90 • /00(005 OF DEED OF TRUST 4// `'- Reference # (if applicable) 20020806002131 Additional on page Grantor(s) 1 Mastro. Michael R m Grantee(s) 1 FOUNDATION BANK cra — Cs./ Legal Description PTN OF SE 1/4 OF STR 04- 23N -04E Additional on page - Esi. - r . o • o THIS ASSIGNMENT OF DEED OF TRUST dated September 20, 2002, Is made and executed between Michael R. Mastro, a married man as his separate estate, whose address Is 510 Rainier Ave. So , Seattle, WA 98144 (referred to below as "Assignor ") and FOUNDATION BANK, whose mailing address 1s 1110 112th Avenue NE, Suite 100, Bellevue, WA 98004 (referred to below as "Assignee ") ��; �_ age 1 of 3 DEED OF TRUST NEVSCO, L L C , a Washington Limited Liability Company, the Grantor, executed and granted to Pacific Northwest Title Company, a oorporabon, as Trustee, for the benefit of Michael R Mastro, the Beneficiary, the following descnbed Deed of Trust dated August 6, 2002 (the 'Deed of Trust") which has been recorded in King County, Stale or Washington, as follows August 6, 2002 under recording numbers 20020806002131. REAL PROPERTY DESCRIPTION. The Deed of Trust covers the fofowmg desonbed real property boated in Kong County, State of Washington See Exhibit A, which is attached 10 this Assignment and made a part of This Assignment as it fully set forth herein The Raal Property or its address is commonly known as 2922 S 112th Street, Tukwila, WA 98168 The Real Property tax Menbfioabon number is 0423049148 ASSIGNMENT OF DEED OF TRUST For valuable consideration, Assignor hereby assigns and conveys to Assignee all of Assignor's nght, title, and interest in and to the above descnbed Deed of Trust, together with all of Assignor's nghl, trite and interest in and to the promissory note or notes (or other credit agreements) secured by the Deed of Trust NOTICE OF FINAL AGREEMENT. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT. OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW ASSIGNOR: J CL j INDIVIDUAL ACKNOWLEDGMEIt •�s` . 'r ' 0 NO : v ) as 'o c PUBLIC • • 'I sj9 5-29 0 On the day before me, the undersigned Notary Pubbo, personatly appeared Michael R Masl)d, proved to me on the basis of satisfactory x the Ass to me or Deed of Trust, and acknowledged that he or he signed t he Assignment as his ' or her tree and and h voluntary �ig�o t e of uses and purposes thereon mentioned �Tt act and deed, for the Given Under my hand and official seal this STATE OF COUNTY OF • • BY Not OPUbOC tit and for the Slate of Zaps {,GN. ASSIGNMENT OF DEED OF TRUST (Continued) Page 2 Printed on 4/27/2006 3:25:12 PM Provided by Data Trace System Title Officer: RT Order: 10862609 Comment: 9148 day 01 , Reslding at // My commission expires .7 te � :9 20 0 *— LAAR • ■•G • n...,. c... M.•Mw. P3..wrl.•a.yv.n, ,., ..n ern •r Asp.. •...... • WA l ,crntn...«ro ,s. I1FH KING.WA Document: TDD ASN 2002.0923001192 Page 2 of 3 PARCEL A: • • EXHIBIT A Title Officer: RT Order: 10862609 Comment: 9148 THAT PORTION OF GOVERNMENT LOT 10, SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF STATE HIGHWAY NO. 1, AND THE NORTH. MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF -WAY AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 121648, BEING THE TRUE POINT OF BEGINNING;' THENCE ALONG THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF -WAY SOUTH 89 ° 30'59" WEST 414.14 FEET; THENCE NORTH 58 °42'14" WEST 80.75 FEET; THENCE NORTH 33 °16'12" EAST 137.00 FEET; THENCE NORTH 00 ° 23'17" WEST 30.00 FEET; w cn THENCE NORTH 46 °08'49" EAST 74.59 FEET; THENCE NORTH 33 °16'12" EAST 77.00 FEET TO THE SOUTH MARGIN OF THE CITY OF SEATTLE TRANSMISSION LINE RIGHT -OF -WAY; O' THENCE SOUTH 57 ° 20'50" EAST TO THE WEST MARGIN OF STATE HIGHWAY NO. 1; • THENCE SOUTHWESTERLY ALONG THE WESTERLY MARGIN OF SAID HIGHWAY TO THE N TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF TUKWILA, STATE OF WASHINGTON PARCEL B: AN EASEMENT FOR ROADWAY AS ESTABLISHED IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NO. 5112054, SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. KING, WA Document: TDD ASN 2002.0923001192 Page 3 of 3 Printed on 4/27/2006 3:25:12 PM Provided by Data Trace System 20030626003025 Return to TERRY L DURST 4190 E Palm Canyon Drive Palm Springs, CA 92264 RE Duwanush Property For Value Received, the undersigned as Beneficiary, hereby grants, conveys, assigns and transfers to TERRY L DURST, a marred man as his sole and separate estate all beneficial interest under that certain Deed of Trust, dated AUGUST 6, 2002, executed by NEVSCO, L L C , a Washington /united liability company, Grantor, to PACIFIC NORTHWEST TITLE COMPANY, a Washington corporation, Trustee, and recorded on AUGUST 6, 2002, under Auditor's File No 20020806002131, Records of KING County, Washington, desonbing land therm as SEE ATTACHED EXHIBIT "A" FOR THE LEGAL DESCRIPTION MADE A PART HEREOF BY REFERENCE HEREIN Assessor's Tax Parcel ID# 042304- 9148 -09 Together with note or notes therein descnbed or referred to, the money due and to become due thereon, with interest, and all nghts accrued or to accrue under said Deed of Trust DATED: June 19, 2 3 MICHAEL R MASTRO, STATE OF WASHINGTON County of KING I hereby certify that I know or have satisfactory evidence that MICHAEL R. MASTO is the person who appeared before me, and said person acknowledged that he signed this instrument and aoknowledged tt to be his free and voluntary act for the uses and purposes mentioned in this instrum DATED June 19, 2003 Notary ' blic in and for th Residing at AUBURN My appointment expires 027ji /06 • • ASSIGNMENT OF DEED OF TRUST KING,WA Document: TDD ASN 2003.0626003025 Printed on 4/27/2006 3:25:11 PM Provided by Data Trace System Title Officer: RT Order: 10862609 Comment: 9148 20030626003025.001 20030626003025 PAGE OF 002�T 10.00 08/26/2003 15.15 KING COUNTY, UA Page 1 of 2 PARCEL A. • • Title Officer: RT Order: 10862609 Comment: 9148 THAT PORTION OF GOVERNMENT LOT 10, SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF STATE HIGHWAY NO. 1, AND THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF -WAY AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO 121648, BEING THE TRUE POINT OF BEGINNING, THENCE ALONG THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF- WAY SOUTH 89 °30'59" WEST 414 14 FEET, THENCE NORTH 58 °42'14" WEST 80 75 FEET; THENCE NORTH 33 °16'12" EAST 137 00 FEET; THENCE NORTH 00 °23'17" WEST 30.00 FEET; THENCE NORTH 46 °08'49" EAST 74.59 FEET; THENCE NORTH 33 °16'12" EAST 77 00 FEET TO THE SOUTH MARGIN OF THE CITY OF SEATTLE TRANSMISSION LINE RIGHT-OF -WAY; THENCE SOUTH 57 °20'50" EAST TO THE WEST MARGIN OF STATE HIGHWAY NO. 1, THENCE SOUTHWESTERLY ALONG THE WESTERLY MARGIN OF SAID HIGHWAY TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: AN EASEMENT FOR ROADWAY AS ESTABLISHED IN DOCUMENT RECORDED UNDER RECORDING NO. 5112054. KING.WA Document: TDD ASN 2003.0626003025 Printed on 4/27/2006 3:25:11 PM Provided by Data Trace System 20030626003025.002 Page 2 of 2 ORDER NO. /0g6a6 The following document was not available at the time our Preliminary Commitment was processed. It has been requested from archives and will be forwarded to you when we have received it. Exception No. /6:f Q / a • Recording No. • • • Superior Court Cause No. / t • Ordinance No. Thank you for your patience. KING CCUNTY Statutory Warranty Deed THE GRANTOR PAUL ISZZELIA and MARY PEZZELIA, his wife for and in consideratina of Ninety Five Thousand Dollars (295,000.00), in hand paid, conveys and warrants to D1110IS2 IANES, IBC., A Washington Corporation, the following deacrr'hd real estate, situated in the County ul Ki ag , State of Washington: That portion of government lot 10, in eeotion 4, township 23 north, range 4 east, Y.M., in King County, Washington, described as follows: Beginning at the intersection of the went margin of State Highway No 1 and the north margin of the City of Seattle Pipe line right -of -way as condemned by King County Superior Court Cause No. 121648 and run - ningthenoe along said west margin north 18 ° 57'20" east 156.00 feet; 0 thence north 78'00'00" west about 620 feet to the Duwamish River; thence S / southwesterly along said river to the said north margin of the pipe 1C t./ line right -of -way; thence along said north margin north 89 ° 30'59 "east 15 803 feet, more or less, to the point of beginning; EXCEPT that portion lying within the City of Seattle transmission line right-of-way as con- demned in King County Superior Court Cause No. 469557 and described as follows: Beginning at tie northeast corner of the aforedescribed tract; thence north 78'00'00-7 lest 196.53 feet; thence south 57 ° 20'50" east 200.79 feet to a point on the said went margin of State Highway No.1; thence along said west margin north 18 ° 57'20" eaat 71.32 feet, more or less, to the point of beginning; and also EXCEPT that portion of the said aforedeeorl- bed tract aescribed as follows: Beginning at the intersection of the said west margin of State High- way No. 1 and the said north margin of the pipe line right -of -way; thence along said west margin north 18 ° 57'20" east 94.68 feet to the said transmission line right -of -way; thenoe northwesterly along said transmission line right -of -way 132.82 feet; thence south 18 west 161.47 feet to the said north margin of the pipe line right - of-way; thence along said north margin north 89 ° 30'50" east 136.26 feet to the point of beginning; TOGETHER with an easement for roadway purposes over a tract of land 20 feet in width, the northerly margin of which is described as follows: Beginning at a_point on the west margin of State Highway No.1 that is north 18'57'20" east 156 feet from the intersection of said went margin with the north margin of said pipe line right- of -wav: thence north 18 0" west 19b.53 feet to a point of intersection with the southerly margin of the said transmission line right -of -way. Also That perttor: or ^vor.:evnt 1nt. 11 ! rt section It, township ?3 north, range 4 east, W.11., in Kin,; :city Washinet -n, described as followst Commencin•- at t..-e intersection of the vest m of State 'iit?htay Nn. 1, aryl the north ;a r of the City of Seattle pipe ltnr right - of - way an condenn'd by King Cotr.ty = aper:or Court r.ause No. 1711 ar.1 running thence along sail west aergin ncr'^ 16 oast 156.00 feet; t! nc 7R west 136. <3 feet t•. :tie t:t point of beginning; thencemrtinuiny, north Th ° CO'O(w west 11r.77 feet; thence para)lel to t'e sail wart margin north :i.'r'1t2O" east 42.01 fact tc :.:e sot:thorly mar of the City of Seattle Transmit:N.:on line right -o.' -way as t�ndeane'. by '.lru- t :ocnty Superior Conrt Canso Nn, t,A9 " :57; •tc we suu6V:ces'oriy aona said ::cutt.•r1y mar. it 11P.^ . t true not ..ra y , •rore nr :e39, to the DEC 111959 J! d 1 E • hi/Olt:AY %St% filltIlliLleAS14 , ; 'tits Nor, t' • t t 111.7,1-7 to. tiS• ,• I FIVE Doti "e. • Stt;t011■110.'. I ,< ; 'f( ..,N., ..: ! ..C, I . . V1 'st ,,.. a •:)L.% .: . ,,,,,, t , . . • . si... d . .• ql • „_• • 4 Dated this DEC1 11959 *,■•■•.'= : , r!""::! , • i ; rr ' •14.2j #1 7.4x 4 a14ix- . , t. . • .z 494 1 %14.1 s Up STATE OF WASHINGTO Unuttty ol 9th Filez1 by WTI December, 2 j GIVEN under my hand and official wet this 9th cif Deceptber, 1959 .VoJarst 404i( in and Jo. ■esidiss: at Renton. _( s ai. ) On ,h 0, and MART PMMA, his wife, to me known In Ire the described in and whn 'r nlM he- within and (..wyweri instenete'tr 4 acknowledged that they signed the same as their free and voluntAry are and deed Ss r (Se uses and purposes therein mentioned. . , ;,■;/1. therly margir 111 ( more or irt.ts, to c. rte CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY RECEIVED ea 18 2006 p �o STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the rt t to enter upon Owner's real property, located at - _ T S . LI W IL Ig i '.� / U/ for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion, cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. EXECUTED at TO 141,..Y11-- tq (city), W A (state), on TU L 20 Q G' (Signature) On this day personally appeared before me - ' (A) f 77V61 to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS \ 6- ki .. DAY O NOTAR residing Sv ;,'J R. Bi/L4s (Print Name) (Address) 0 6 - 94v t'MO (Phon r) U C in n.� f s ton ' g in for b My Commission expires on q . 2.- ' on 20 or, N EVSCOI LLC Re: Allentown Short Plat Dear Sirs: Very Sincerely, Ste. k „____,_r- Sven R. Bitners NEVSCO, LLC P.O. Box 40211, Bellevue, WA 98015 Tel.: 206 - 940 -6640 July 18, 2006 RECEIVED ►RUC' 1'8 1006 City of Tukwila con�nnu Department of Community Development DEV M 6300 Southcenter Blvd. Tukwila, WA 98188 Following is a discussion of the Allentown Short Plat's consistency with the decision criteria set forth in TMC 17.12.020.C: 1. The proposed Short Plat is consistent with the Tukwila comprehensive Plan and any other such adopted plans. 2. Current (existing) provisions for water, storm drainage, erosion control and sanitary sewage are consistent with current standards. 3. Existing road, utility and other improvements are consistent with current standards. 4. Provisions for easements, dedications, and reservations have been made. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed and existing use for which the lots are intended and are compatible with the MIC /H zone in which they are located. 6. There are no commonly owned private facilities for which provisions need to be made. 7. It is believed that the short plat does comply with the relevant requirements of the Tukwila Subdivision Ordinance. 8. It is believed that that the short plat does comply with the relevant requirements of the Tukwila Zoning Ordinance and other regulations. It is also believed by the applicant that all criteria for final approval of the Allentown Short Plat under TMC 17.12.030(c) and Chapter 58.17 RCW have been met. STATE OF WASHINGTON COUNTY OF KING CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY s The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its p employees, agents, engineers, contractors or other representatives then t to enter upon Owner's real prope located at e2 l 02.2 I pZ Tt'S T 1� IC /L #4' li✓� /( for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the Toss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion, cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. EXECUTED at TO IC W I-- i4 (city), A (state), on Jt/ t. `/ / g) 20 Q G NOTAR residing (Print Name) (Address) - r,6 4'O e2o6 - 9/(0 (Pha�Num er) (Signature) On this day personally appeared before me !� jA) f nvff, S to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein ' SUBSCRIBED AND SWORN TO BEFORE ME ON THIS \li DAY O 4, . 20 0)G U; Cin •n. for • ' • .fWashington JL , AO j !_• b M My Commission expires on Sv r>,r R . F? t t- Ahz,Qs RECE I JUL08 ?006 oo uw�r r �r DECLARATION LAND SURVEYOR'S CERTIFICATE City of Tukwila Doparbnent of Corn:nu:illy Development 6300 Southcenter Boulevard, Tukwila, WA 88188 Telephone (205)4314870 FAX (fib) 6314885 Emall: tukpianOWkwlla.wa.tts SHORT PLAT NUMBER Know all men by these present that we, the undersigned, owner(s) In fee sImple of Me lend herein described do hereby make e short subdivision thereof pursuant to RCW 58.17.060 and acknowledge that said subdivtalon than not be further divided to any manner wlthtn a period of five years, from date of record, without the fling of a final plat The undersigned further declare this short plat to be the graphic representation of said short subdMalon and the same Is made with the free consent and In accordance with the desire of the owner(s). In witness whe f we have set our hands and seals. Name: ytii Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me AVP 9s c R A•nor to me known to be the individual who executed the within and foregoing Instrument and acknowledged that he/she signed the same as hlsator voluntary act and deed for the uses and purposes therein mentioned. ,A1 GIVEN under my hand and official seal Ns VX M day of (gift& . 20 I% Signature: (yAaftd.. gin i.N Name es commissioned: fi'YA �i Title: (Bert My appointment expires: 9. 79 • Q:) STATE OF WASHINGTON County of King On this day personalty appeared before me to me known to be the Individual who executed the within and foregoing Instrument and acknowledged that he/she signed the mane as higher voluntary Wet end deed. ter the uses end purposes therein mentioned GIVEN under my hand and official seal this day of . 20 Signature: Name as commissioned: TEM: My appointment evokes: 1 MiCNREE L. R0o7 reghdasdasaialdsurreys, by the State of Washington. certify that this plat is based on an actual survey of the land destined herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly, and that monuments other than those monuments approved for setting at a later date, have bean sat and lot cones staked on the ground as depicted on the plat. Legal Desalptlon (Old) NE POMP a 00'ORCOa LOT 14 N SEC = 4, MOW 23 40401, RAKE 4 FAA. e54. N 1116 =WC WASIOCTOK MOWED AS RUM ION= AT DE INTERSECT= 09 RE WEST MGM OF S0[ 64191181' Rot AND THE NORTH WARM OF 11E OTT OF SOME PIPE 164E ROtl1-0F -410 AS ONW*ED EN DC COUNTY SUMER CgNr CAM 10. 121648. ROC THE 'PIE POW 09 E03/8114; HENCE HOC 11E 9040 WON CF 11E COY OF SOME PIPED( 0149 -41F-00 SOUTH wools' REST 414.14 FEET: DOME RCM 544214' M1 8175 FEET, DOME NORM 1916'12' FAST 93700 FEED 000E IDEI OSSIr NE4 3000 FEET1 DOLE 1131111 44ar40 FAST 7439 FEET: DENTE WIN .416'1w FAST 7700 FEET To TIE SOUTH WADI OF THE 8.e OF SEATO TRAXSI SON 964[ 1017-0F'W; DONE 50713 571050 FAST TO DE WEST YAMS OF SATE MOAT 1C.h 1105E saONWES1D3Y AMC RE MOLT WICK 09 SAD NCIUAY 10 THE DIE PONE 09 1*11184Q 1001040 en NI OSBERT FOR ROAD WY PURPOSES 049 A TWO OF WC 20 FEET N 01O11 nE 101THEAY YNCN a 0501 6 MOOED AS FOLLOWS 0DM0 0 A FONT E 11E REST WAN OF STATE KOROT 6441 M40 6 NORTH 105750 EAST 150 FEET not DE NnIISE:TO1 09 SAD WEST WADI 1119 DE WORM 6414449 Cc SID PRONE 10011 -OF-00: DOGE 10T01 7400110' WEST 19833 FEET 10 A PONT OF 1111FASEO01 WIN TIE SOUTIEWY OROI Cr DE SAID 0999095404 LE 001T Legal Oesalpdon (New) Parcel 1 me PEIDt1 OF 0000800 LOT IQ N SEMEN 4, 1011109* 23 ILL RIt4E 4 EAST, W.W. N 1142 006412. WASNN004, COCKED AS FOLLOWS 0000950 0 RE 04109I 09 DE WEST 410301 09 S00E HOMY 1111 AID DE NORM 19001 09 0E COT 09 MOTIF PTE LITE R00-0FaAY AS mr0011ED 0Y 1042 COUNTY SERE CART WEE 10. 121614 0640 THE TRUE POE 09 0310e0 1100E 14000E MTN WSW 09 DE Cm 09 SEMITE PF0NE Rmr-OF-WAY SCUM 8116'59' NEST 15240 FEED DEICE TEETH 203455' EAST 11.04 F07: 1104CE SOLIDI 5720 FAA 14320 FEED DEICE SOUTH 1001'54' WEST 8400 FEET 10 0E POOO OF 0DMN4 IDROOLDD! AN FASE*OIT FOP WATER 11TH S ONO TIE 11E SCAM 10 FEET 09 STD PACE. 1. Parcel 2 MAT P0n041 09 ODaOIOrt LOT 14 N SECIO1 4, 1064619* 23 TOOL RACE 4 DKr. 0L. N eC COU41Y, 0090001. OESCIIFD AS FOULER tames AT TIE NmPSECTD1 09 ne WEST WRD1 OF SEE ROAN'! 6449 140 THE TOM OWN 09 DE an. 09 SEATRE Pro LIE ROS -09-407 AS MOOED BY RC COWRY 51600E COURT WISE NO. 121043. DICE HOPS THE TOTH WARDS 09 DE CO Cr SATT1E POLE R01T-0F -110 SOUTH 447019' WEST 152.40 FEET BENS 0E THE PONT OF RECO1114 DOME COMITI DC /M C SAD IlE 261.74 ROE RFOO NOON 544214' WEST 8475 FEET, DENa soma 371412' EAST 12720 FEET; DOME I1301 *52217' NESr 3000 FTET: 110CE NORTH 4170049' FAST 7439 RED T OCE NORM 331017' FAST 7622 100. 0000 SOUR 57'20'50 EAST 2641 FEET. DOSE we 20301' 414 1134 FEET 111 THE POE OF 40045. =ELM AN FA9209T FE ROD WAY PURPOSES 0A9 A TRACT OF INC 20 FEET N 0084, 11E 1001002 WON a 49E 6 COERCED AS F0110WY 00094040 AT A PONT ON DE WEST 114014 OF 501E MHO( 90.1 1507 6 NEVI 9457'04 FAST 156 FEET FOR 711* EFPSETON OF SAD NEST M N III DE NOM 909* 09 SAD POLE 4011 -0-1011 114300 MRDI 705000 9059 19653 FEET 10 A P0091 09 NER$TCN WO DE SCUMMY ORM OF THE SO TRA10E8d 164E 121261-0FOAY. MULLAH PM EASEMENT PM SIGN 00111 MUMS 9900 DE DE POMEAAERLY 10 FEET OF SAD PARCEL 2 APPROVALS ftCei 1111., m o iltiles °I:1 King County Treasurer Deputy King County Treasurer KING COUNTY FINANCE DIVISION I certify that .5 property tams ere paid and that a deposit has been made In stacked amount to pay the taxes for the following year; that then are no delinquent special assessments certified to Nis office for cotlectfor; end that all special assessments on any of the properly herein dedicated as streets, alleys, or for other public use are paid In full. mis day of . 20 KING COUNTY ASSESSORS APPROVAL Examined and approved by the Department of Assessments lids day of 20 King County Assessor Deputy Assessor Parcel Numbers) I VO.UME PALE TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for fling ttds day of . 20 Chairperson, Shat Subdivision Committee VICINITY MAP SURVEY 114 SE 1/4 09 SE 964 OF SECTION 04 T. 23 N.R. 04 E. W.M., IN ICING COUNTY, WASHINGTON RECoRon40 CERTIFICATE Fled Ornate N es tepnNlut0a0* clown on dayd .al 0l_Ptrus past _ N.ald rmUea In Warns d Rd; 00 pegs Rats of Tang away. WnleolO8 106006ray Wow, Riet.dR®N cod EYd4s NEVSCO, LLC 2822 3.1 12TH ST. OWNERS* =REM PHONE; C9TYI0TATEZIP TUKWILA, WA 88188 MICHAEL C. ROOT P.O. BOX 541 NORTH BEND, WA 98045 DRAWN BY JTN 0450®02 MCR GATE 07/13/2006 SCALE 1°=40' JOB KOBER 1 2 SHORT PLAT NUMBER 4 } i/ -- - -- City of Tukwila Oopartmatd of Community Dawlopmad 6300 Southcon*ar Boul9rard, TukWla WA 98188 Telaphana ( ) 4314670 FAX f209) 4314685 E-mail: tukplanOhlkwfa.wwa 0100 6' Y 6' RPER* C111ETE NCNORI R 90108 Y BRASS 061. Ea' 87.01 4080 60 4 NON Pitt PROPOSED 10' WIDE > STORM DRAIN EASEMENT AWNING BUILDING 20' BUILDING SE1BAtRJ 56730'691 (MID) N69'21'Ssir 261.70 1 .... /609'30;61 AUDI 1492t73 152.40' PROPOSED 10' M10E WATER LINE EASEMENT (S. 112TH ST.) 8 8 NF R \ rte . _ / / N. sago. i N. N. � .8'/ X00 \ _ WAY 30 tM / _ / ' 1 L/ \ .. \ PARCEL 2 74,385 50. FT. sal T 'tcc. SS4 SEATTLE PIPELINE R/W S.C.C., 121648 40221131 2624.80' (P80O 2624.59' (8 k NEVSCO, LLC Aoo�ss 2922 S.112TH ST. GIW81A1F67P. TUKWILA, WA 98168 - 71t/hot. 5 4Q0. 45.0 / MICHAEL C. ROOT P.O. BOX 541 NORTH BEND. WA 98045 DRAWN BY C+D BY V PR NIL / C / Q Q MON JTN MCR DATE SCALE 't*-4 °We SP9E (R1) / 8 42590 (R1) 07/13/2006 l RE SOUTH 8140 OF SE 1/4. MC 4. I)6LIlSDM N8D 63/91 - IN9D IFON 176 COWIY SRO COIaP E f3427 & 3470 40 30 20 0 40 80 SCALE IN FEET (a) /1990165 AND/Ok =VICES 1) RECORD OF 9108£01 MN 91D3019011 ) DEED ffNNIGS PER IEDA CE4Ai110a STOT55' s' (R)a MID xN.9 (R)a FOUND 6' OM CONCRETE POST VDT 3' 9055 041. OX MOW O MILE 1"=40' 306 NUMBER VOLUME PAGE CF 4 , 3 1 SOW .;; GRAPHIC SCALE RA FEU, — , 7— CAST SIX SE4WR TO .. • t. .,--- - L , . APPRO% HAM, PARCEL 2 BUILDING SERVICE CCATICH 4,1 1 1 , k . , L 4■S T.., 44, S. 1,,t ! ' l 43 1 -1-'''''' - - '- - - _, ' `g.;',.*• meal I 5.31. 261.44 RECEIVED f 8 2006 2 I , 0 1 • :P. I r • • • PROPOSED 1 10 STYR. OR. EASEMENT PARCEL 2 L - !-:: • , _ _ _ . • ; -- • • UK* — 0057 90E SERER PARCEL I WILDING .•-•. • .1 PARCEL 1 I'SYC 10140 -1 _•4•' APPROX WATER SERVICE LocA MOMS I. SHORT PLAT 2*40 SURVEY PERPORHEO DT ARCH.. C 6001. ALS CH 06/10/2006 2 All UTILITY LOCATIONS ARE APPROHLIATE. • ^A 2.7 VIALrEIRVICE E I _ S 112th STREET 21+83 4 / .0 4 CAUTION! UNDERGROUND UTILITIES EMT IN THE AREA AND UTILITY NrCRAIATI. 940024 HAY DE PICCADHETE. STATE A. KOLAR. NAT CONTRACTOR CGRTACT HAE CHE-CALL LIMITV LOCATE SERV. AT LEAST 48 HOURS 8EFO0E STARTING ANY CONSTRUCTION. 1-800-424-5555 4, 40 4 23‘.9CE,8 4 •4.1 COMMUNITY D EVELOPMENT DUNCANSON 4.4444444,1.e. )41.14•10.4.44.3.44.4414 44144 0 0 ‘13 § z 0 g DRAWN: EJM 4• 03125 DATE: 6/15/06 MARKT. 4-I-PT C1 1 OF 1 SHEETS FOR STAFF USE ONLY Sierra Type: P -SS Planner: File Number: (,O & - 01-1 ) Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: gL L giv 70WA/ S,/o t LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. // S- v,ew►Lo Wyg Pi CA' " Lo 'I-41- 0 l yt p a Quarter:.Sff y , ection: (:)/-1 Township: c 2.,_? Range: OA/ (This information may be found on your tax statement.) Name: CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- mail :: tukplan(2 ci.tukwila,wa.us DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. SU Tr T /TA-E i S Address: l� • O r3 © 4 100141 i / LL jr, V L1.( (U/4 f D / . Phone: cIRD (o - I/O C " halo -/ O E -mail: S) z-N® PAes rv -p, cowl qraf /6 Signature: Date: G:W PPHANU.ANDUSE.APP\SHTPLTPT.doc, 09/11/03 RECEIVED SHORT JUL 18 2006 PLAT CymmUNiTy (P -SS) „ m/ELOpnie wr ` ►J ►J FAX: .2O G-0(2,2 -9'90(,7 20081030900001 DECLARATION STATE OF WASHINGTON County of King SURVEY IN SE 114 OF SE 114 OF SECTION 04 T. 23 N.,R. 04 E., W.M., IN KING COUNTY. WASHINGTON City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 4313670 FAX (206) 4314665 E- rrtalL tukplan¢2tukwIla.waus " SHORT PLAT NUMBER Know all men by these present that we, the undersigned, owner(s) In fee simple of the land herein described do hereby makes short subdivision thereof pursuant to RCW 58.17.060 and acknowledge that said subdivision shall not be further divided In any manner within a period of five years, from date of record, without the filing of a final plat. The undersigned further declare this short plat to be the graphic representation of said short subdivision and the same is made with the free consent and in accordance with the desire of the owner(s). In witness,�whereof we have set our hands and seals. R . i2 Name: Name: Name: Name: On this day personally appeared before me to me known to be the Individual who executed the within and foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes therein mentioned. r GIVEN under my hand and official seal this 7 day of ern' , 20 Signature: d Name as commissioned: VA c■ t . r% My appointment expires: . /.2 ) e i n STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing Instrument and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of . 20 Signature: Name as commissioned: Title: My appointment expires: LAND SURVEYOR'S CERTIFICATE I \'eu /4fiL C. -a431 , registered as a land surveyor by the State of Washington, certify that this plat Is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat 2008103 9000 1 P'AGee01 or Oat S°" t2a. _ KING i n, I Kln9 Count/ Sup. of Records end 911 L06 -047 Legal Description (Old) Parcel # OIi .3 049148 THAT PORTION OF GOVERNMENT LOT 10. N SECTION 4. MOW 23 NORTH, RANGE 4 EAST. GAL. N KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE WEST *IRON OF STATE HOMY NO.1 AND THE NORTH MARGIN OF THE CM OF SEATTLE PIPE LINE RIGHT -OF -WAY AS CONDEMNED BY KONG COUNTY SUPERIOR COURT CAUSE NO. 121648. BEING THE TRUE POINT OF BEGiNNG TWINGE ALONG THE NORTH WON OF THE CITY OF SEATTLE PIPE1N E RIGHT -Of -WAY SOUTH 89'30'59' WEST 414.14 FEET; TIERCE NORTH 5I4r14' WEST 80.75 FEET; THENCE NORTH 331612' EAST 137.00 FEET: THENCE NORTH 0'2317 WEST 30.00 FEET; THENCE NORTH 4608'49' EAST 74.59 FEET; THENCE NORTH 331612' EAST 77.00 FEET UTH TO THE SO MARGIN OF THE CiTY OF SEATTLE TRANSMISSION LINE THENCE SOUTH 57'20'50' EAST TO THE WEST MARGIN SINE HIGHWAY NO.1; THENCE SOUTHWESTERLY ALONG THE WESTERLY MARGIN OF SAID HIGHWAY 10 THE TRUE POINT OF BEGINNING AN EASEMENT FOR ROM WAY PURPOSES OVER A TRACT OF LAND 20 FEET N NUM MI THE NOERLY MARGIN OFF WHlpi S DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST MARGIN OF STATE HIGHWAY N0.1 THAT IS NORTH 1857'20' EAST 156 FEET FROM THE INTERSECTION OF SAID WEST MARGIN or G WITH THE NORTH MARGIN SAID PIPELINE RIGHT-OF- WAY; THENCE NORTH 780000' WEST 196.53 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY MARGIN OF THE SAID TRANSMISSION LINE RIGHT-OF -WAY. Legal Description (New) Parcel 1 THAT PORTION OF GOVERNMENT LOT 10. 91 5E001 4. TOWNSHIP 23 NORTH, RANGE 4 EAST. WJL, IN KM COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS BEGINNING AT THE NIERSECTI N OF THE WEST MARGIN OF STATE I0ANIAY N0.1 AND THE NORTH MARGIN OF THE CITY OF SEATTLE PIPE LINE RIGHT-OF-WAY AS CONDOWED BY KING COUNTY SUPERIOR COURT CAUSE NO. 121648, BONG THE TRUE PONT OF BEGINNING THENCE ALONG TLC NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE FI GT- OF-WAY SOUTH 89'30 WEST 152.40 FEET: 1FFNCE NORIN 2030'55' EAST 169.64 FEET: THENCE SOUTH 57'20'50' EAST 143.29 FEET: LITHE SOUTH 19'01'4' WEST 84.90 FEET TO THE POINT OF DECIDING. TOGETHER 0 1Bi AN EASEMENT FOR WATER WINES BEING THE THE SOUTH 10 FEET OF SAID PARCEL 1. Parcel 2 THAT PORTION OF GOVERNNET LOT 10. N SECTION 4. TOWNSHP 23 NORTH, RANGE 4 EAST, W.Y. N KING COUNTY, WASWNGTON. DESCRIBED AS F1)110'015: BE,IIDIG AT THE INIE SECTION OF THE WEST MARG91 OF STATE HIGHWAY NO.1 AND THE NORTH MARGIN OF THE MY OF SEATTLE PIPE LINE NONE -OF -WAY AS Comm BY KONG COUNTY SUPERIOR COURT CAUSE NO. 121648. THENCE ALONG THE NORTH MARGIN OF THE CITY OF T SEATTLE PIPEINE RIGHT-OF-WAY SOWN 897059' WEST 152.40 FEET BEING THE TRUE PORT OF BEGIN IT,. THENCE CORN= ALONG SAID LINE 261.74 FEET, THENCE NORTH 584014' WEST 80.75 FEET, THENCE NORTH 331512' EAST 137m FEET; THENCE NORTH 0023'17' WEST 30.00 FEET: THENCE NORTH 4808'49' EAST 74.59 FEET; THENCE NORTH 371017 EAST 76.22 FEET. THENCE SWIM 67'2050' EAST 260.89 FEET, THENCE SOUTH 2030 WEST 169.64 FEET TO THE PINT OF BEGINNING AN EASEMENT FOR ROAD WAY PURPOSES S OVER A TRACT OF LAND 20 FEET N WIDTH, THE NORTHERLY MARGIN OF WHICH 6 DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON THE WEST MARGIN OF STATE HIGHWAY N0.1 THAT 5 NORTH 185720' EAST 156 FEET FROM THE INTERSECTION N OF SAID WEST MARGIN WITH THE NORTH LARGO OF SAO PIPELINE RIGHT-OF-WAY: THENCE NORTH 7800'00' WEST 196.53 FEET TO A POINT OF NTERSECTI N WITH THE SOUTHERLY MARGIN OF THE SAI TRM1 1 LI 6NE RGGT- F -WAY. GETHER TO WITH NI EASEMENT FOR STORM ORAN UTILITIES BEING THE NORTHEASTERLY RTHEASTERLY 10 FEET OF SAID PARCEL 2. NEVSCO, LLC OWNER(sk ADDRESS: 2922 S. 112TH ST. PHONE: CEEYISTATERIP. TUKWILA, WA 98168 /7 off APPROVALS KING COUNTY FINANC SION I certify that all property de paid and that a as been made In sufficient amount to pay the taxes for the following year; that1bre are no delinquent special assessments certif)edtorthls office for collection; and that all special assessments on any of the property herein ded� a ts, alleys, or for other public use are paid in full. This /day of 20 King County Treasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments this day of - , 20 044 �// 2'4± Nn /e ���� . 114140,�t,c1? King County Assessor Deputy Assessor Parcel Number(s) 042304' Q /4B TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day I ( i) , 20& Chairpe , , •rt Subdivist Committee MICHAEL C. ROOT P.O. BOX 541 NORTH BEND, WA 98045 DRAWN BY CHECKED BY JTN MCR DATE SCALE Deputy King County Treasurer VICINITY MAP 04/05/2008 1"=40' V OLUME / PAGE JOB NUMBER OGE:T 1 OF RECEIVED OCT 3 0 2008 nF F�OFMU oP N A T 2 SHORT PLAT NUMBER IIy r, II %RWua Department of Community Development 8300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (208) 4314870 FAX (208) 4314885 E-mail: tukplan(oltukwila.wa.us FOUND 6' X 6' TAPERED CONCRETE MONUMENT WITH 3' BRASS 061(, 0.4' 8E106 GRADE IRON S PIN 1_ NOTE: MW FUTURE REDEVELOPMENT ON PARCEL 2 SHALL BE REOUIRED TO PROVIDED A F1RE HYDRANT TO MEET THE ARE CODE REOUIREMENIS. L06 -047 PROPOSED 10' WIDE STORM DRAIN EASEMENT RECORDING # .1o09 /007000U BUILDING (S. 112TH ST.) PARCEL 2 74,385 SO. FT. 20' BUILDING SETBACK — S89'30'591v (DEED) N89'21131W 261.74' ONO OIM F1'P q ��� 04 is, /sS�O •34.. R4� \ ffal DNY NEW PROPERTY UNE N8911'33'/ 2624.80' (FWD) 2624.59' (R) OWNERS NEVSCO, LLC TLII(WII A WA QRIRR ADDRESS: 2922 S.112TH ST. SEATTLE PIPELINE R/W S.C.C.i 121648 PARCEL 1 ' 17,980 S0. FT. 589'30'591.1 (DEED) N89'21'53-1V 152.40' PROPOSED 10' WIDE WATER UNE EASEMENT RECORDING 0°01100700o 8t oL OND ONO -1 /O6 z IRON PIN C� 50 / 6•5.042. / DRAWN BY JTN PK NAIL / MICHAEL C. ROOT P.O. BOX 541 NORTH BEND, WA 98045 / Q Q FOUND / RAILROAD SPIRE (RI) L 'Ror 1 DATE o to 30, p 4. l 5 040. J / C .4/ Q 4°, c, 425.90 (R1) jiLASIS OF BFARINC THE SOUTH UNE OF SE 1/4, SEC 4. HORI WO 83/91 - BASED UPON KING COUNTY SURVEY CONTROL /3427 & 3428 4og 20 0 40 FWD) FOUND MEASUREMENTS R) RECORD BEARINGS AND /0R DISTANCES R1) RECORD OF SURVEY AFN 9108019011 DEED) DEED BEARINGS PER LEGAL DESCRIPTION awls' 55' (R) a nap 04/05/2008 SCALE IN FEET FOUND 6' DIA CONCRETE POST WITH 1' BRASS DISK, 0.8' BELOW GRADE. 21493' • (R) & HELD JOB NUMBER 80 10 • RECEIVED OCT 3 0 2008 COMMUNiT( DEWELAPirl EXIST C8 RIM=15.75 E=13.15 ; 15 " — „ _ ouirALL 1E-1 0.443 12 CONG OUTFALL 1B' CUHC / EXIST SDMH as as ON FEU) I0 20 (I g — GRAPHIC SCALE GANCIP f — — RIM=15.57 (E13.03 (0) , It) EXIST GB RIM=11.81/ 15=10.54 24+CO -14 EXIST CB „,./ RIM-11.01 9 •"\l' tE=0. 74 L CLEANOuT EXIST BUILDING N872153) 26134' EXIST SIDE SEWER TO PARCEL 2 BUILDING APPROx 50001100 1 I • I / 514ST CB RIM-14.90 IE-13.10 I DAS T 46 U 11 OF SEATTLE WATER MAIN - 1 I \ _ G __I Ey.1.5;1 sERVICE N i., \ MO 2' N. K EXIST GAS SER 23+0 EXIT S H 1 5-1.5 Ra4=1117 - EXIST C8 814.1..1 4. 70 15=13.03 (0) ;5=10.97 (5) • I • , I I I / ' 1 z I PARCEL 1 2 / - k I , L'oS1 re I I z . ' 4.I4.4- 1.1.....11. / IE i ::. APPROX WATER SERVICE LOCATION PROPOSED PRIVATE 10' STORM DRAIN EASEMENT —1 — ' — r ' • L EXIST GAS r iE 3 r 2 c r.: , 0 t r , / LoST NORTH EDGE / 5 112TH ST -, TRAVELED WV( 22+00 COST SIDE SEWER TO PARCEL 1 BUILDING EXIST ( PARCEL 1 / / EXIST / / BUILDIH6 c.e / i-F= I 5.1 /;/ 00pA 54451 WATER .../I CONC (0, / / XIST WATER h444 1 C EXIST SIGN FLOW METER E T WATER 05 1155. TXP. i EXIST OSED-PRIVAIE-10'_, 31r-13210 WATER SERVICE EASE/AEIIV — \„EL j R1M-14 95 15=13.5 APPROX WATER SERVICE LOCATION JP NOTES: 1. SHORT PLAT ANO SURVEY PERFORMED BY MICHAEL C. ROOT. PLS ON 06/10/2006 2. ALL UTIUTY LOCATIONS ARE APPROXIMATE. 2' 1 S 112th STREET / 21+00 / — — — — EXIST kVA TER MN 12' GATE VALVE - \ STA: 10+57, 47 0 L 1. \ \ ...,--- _,-- 00141(00 wELL ,§ A ,„... 4- -- EXIST (RAMC STREET r EXIST MP :LTA:1100 • EXIST GAS LINE / ?7.7`..1)1 / / , I / 4 Gr • V 0515' IP. v xr5 T S1D6tALY E' WATER 4444 PR STA TIT 2.R1--4, -Evisi 12' s i t s 5715 5(810 OPTIC 57151 11.5044 LE.,0.90 •- E...1ST CURE 34 GLITTER / , UT) \ '■, '.... EXIST i/C, •Z" ' . '-.__. • / r POWER I (- ... '- ; ,.. ‘1.. -......, ..0 CAUTION! UNDERGROUND UTIUTIES EXIST IN THE AREA ANO UTIUTY INFORMATION SHOWN MAY BE INCOMPLETE. STATE LAW REQUIRES THAT CONTRACTOR CONTACT THE ONE-CAU_ UTIUTY LOCATE SERVICE AT LEAST 48 HOURS BEFORE STARTING ANY CONSTRUCTION. 1-800-424-5555 (41 SW IBA Street Suile 102 Sartile, Walidasto• 92166 Pion. 206.244.4141 Fat 106.244.4435 0 z z o n = 0 DRAWN: EJM 0C1 NO: 03125 DATE: 6/15/06 1 ITXPSRES 7-3-07 C1 1 OF 1 SHEETS