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HomeMy WebLinkAboutPermit L06-057 - KITZES PHILLIP - TUKWILA 6 LLC SHORT PLATTIJKWILA 6 LLC SHORT PLAT LAND DIVISION LAND DEVELOPMENT (KITZES) 14750 - 62 AVE S L06 -057 April 5, 2007 Phillip Kitzes 23035 SE 263 Street Maple Valley, WA 98038 RE: Short Plat L06 -057 Tukwila 6, LLC Short Plat (a.k.a. Kitzes) 14759 62 Avenue South Tukwila, WA Dear Mr. Kitzes: Cizy of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF DECISION Steven M Mullet, Mayor The Short Subdivision Committee has completed review of your short plat application (File #L06 -057), and determined that it complies with all applicable City code requirements. Based on the submittal, preliminary approval is granted subject to the conditions stated below. The City SEPA Responsible Official has previously determined that this application does not require an environmental 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: I. 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. This short plat approval decision is appealable to the Hearing Examiner, and any appeal must be filed before the end of the 21 day appeal period on April 26, 2007. For additional appeal information, contact the Project Planner. RF Q:\Kitzes- Tukwila6 shrt plt L06- 057 \Kitzesprelimapprov.doc 1 03/27/07 P 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431;3670 • Fax: 206 - 431 -3665 PRELIMINARY APPROVAL CONDITIONS Prior to Final Short Plat, the following conditions shall be met: 1. Provide a revised draft copy of for each of the Private Easements — see redlined comments enclosed. 2. Revise Short Plat Map - see redlined sheets 1 and 2 of 2 — enclosed. Miscellaneous Comments 1. The Public Waterline Easement (within the North portions of proposed Lots 1 & 4) will be prepared by the Public Works Department. 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. (See relined comments enclosed) 2. Any new sanitary sewer manhole within 59 Ave. South shall be turned over to the City, after final acceptance by Public Works. A portion of the new side sewer shall be 8 -inch and connect to a new Private manhole located on private property. (See redlined Civil plan sheet — attached.) 3. The new 8 -inch water line with new Fire Hydrant, shall be public and be turned over to the City of Tukwila. 4. The applicant shall apply for Public Works and Building permit approval(s). 5. An infrastructure design and construction standard manual, is available at the Public Works Department or on the City of Tukwila web -site. 6. All utilities including power are required to be underground, per City of Tukwila ordinance. 7. Street Use as part of the Public Works Permit, requires a Bond and Insurance for work within City right -of -way. 8. Pavement mitigation fee may apply to this permit, if street pavement is open cut. 9. Transportation Impact Fee applies to the future Building Permit(s). 10. Transportation Concurrency Test Fee applies to the future Building Permit(s). Rf 2 03/27/07 Q: \Kitzes- Tukwila6 shit plt L06- 057\Kitzesprelimapprov.doc H. Final Approval Install all required site improvements, including those proposed in the short plat application and those identified above as conditions of approval. You will need to provide signed, complete civil plans prepared by a licensed civil engineer. Prior to Final Approval and recording, you will need to submit a copy of the short plat map and easements per the conditions mentioned above. The short plat map shall have original signatures (owner) and signatures and seals (surveyor, notary). The map shall include the short plat number, the word "Declaration" (not "Dedication ") and the Assessor's number as noted. 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. Expiration 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, you will bring the documents in to the Tukwila Department of Community Development. The Chair of the Short Subdivision Committee will then sign your short plat. This constitutes a grant of final approval. 1. The final approved short plat must be filed with the King County Department of Records by April 5, 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. III. Recording 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, see the Recording Procedures handout. The short plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. Rf 3 03/27/07 Q:\Kitzes- Tukwila6 shrt plt L06- 057\Kitzesprelimapprov.doc Sincerely, 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 Enclosures: Site Plan Easement Civil Plans cc: Jim Morrow, Public Waks Director Nick Olivas, Fire Chief (p se initial your approval) (please initial your approval) Rf 4 03/27/07 Q:\Kitzes-Tukwila6 shrt plt L06- 0571Kitzesprelimapprov.doc Dept: Of Community.Development • . City of Tukwila ' AFFIDAVIT OF DISTRIBUTION I. EREBY DECLARE THAT: Notice of Public Hearing Project Number: le-05 Determination of Non= Significance Person requesting mailing: Notice of Public Meeting Mitigated Determination of Non- Significance Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda 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 v ()pier _ t Aj loy, Was mailed.to each of the addresses listed on this year 200 P: WDMWISTRATIVEFORMSWORMSUFFIDAVITOFDISTRIBUTION day of in the Project Name: 1 ` , lj' .- Project Number: le-05 Mailer's Signature: '• Person requesting mailing: C - Was mailed.to each of the addresses listed on this year 200 P: WDMWISTRATIVEFORMSWORMSUFFIDAVITOFDISTRIBUTION day of in the Department of Community Development Jack Pace, Director • City of Tukwi Phil Kitzes 23035 S.E. 263 St., Maple Valley, WA 98308 RE: Tukwila 6 Short Plat extension (L06 -057) Dear Mr. Kitzes: In response to your e-mail request, and your letter, the City of Tukwila will grant a one -time extension of the preliminary approval for Short Plat #L06 -057 until April 5, 2009. This is one year from the original expiration deadline of your preliminary approval. The final short plat must be approved by the City of Tukwila not later than April 5, 2009. It often takes several weeks for the City of Tukwila to review and issue a final approval for a short plat. Please take this into account when considering the April 5, 2009 deadline. No further extensions will be allowed. Sincerely, `--O` —fi Rebecca Fox Senior Planner Rf 1 0• \Kit7pc- Ti,kwila6 chrt nit 106- 057 \I OR- (157— Fxtnri nrlm annn, --4 5 OQ dnr Jim Haggerton, Mayor 04/24/2008 6300 Sontthcenter Rnviavard_ .Smite #100 • Tukwila Wa.chinatnn OR1RR e Phnnv• 206- 6131 -3670 • Pay. 70A- 2171 -U6S April 24, 2008 RE: A Formal Request for a One (1) Year Extension on the Approved Tukwila 6 Short Plat, Application No., L06 -057. Dear Ms. Fox: On behalf of the Partnership, Tukwila 6, LLC, I am formally requesting a one (1) year time extension for the abovementioned project. The project has final engineering approval ( #PW07- 072), all fees have been paid, and the dry utilities have been reviewed and approved through the appropriate purveyor. The critical path has been financing —which has caused considerable delays in the application approval process. As you are aware, the market is tight concerning construction loans. Tuesday, April 22n I personally met with the bank and was assured the financing should be completed by the first week of May. I met with the contractor yesterday, April 23 and they are ready to commence with construction as soon as we get our financial matters in order. We appreciate your consideration in this matter and if there are any questions, please do not hesitate to contact me at 206.227.7445. Sincerely, PHILUP KITZES Principal and Partner • • CC Richard & Teresa Seubert, Tukwila 6, LLC PIS ENTERPRISES 23035 SP. 263Ro STREET •,MAPLE YA1.1.1' WA • 9£303$ 1'I [ONE: 206 227.7445 • FAX: 325.1329397 • E-MAIL: PKIE l FRPRS@A[)LCOM Project: f 2e.r % Wrldc. <IA ate P/it y- Address: /I, y 6 z. , lve f Date transmitted: 2-/Z-o/07 Response requested by: 3��,��� Staff coordinator: e- Lc'C'C,„c_. ?))( Date response received: City of Tukwila Department of Community Development TO: L] Building ❑ Planning 0 Public Works )4 Fire Dept. ❑ Police Dept. CD Parks /Rec bn /r, COMMENTS q A/ 7.0m arc fi /z! f rr* %f'/�' ✓ice✓ r LAND USE PERMIT ROUTING empos.e acGeSS ,'1 .X. � hCt U !S ti -+ Ok NU c.. --'fie Q DRC review requested Go w, PA' Plan submittal requested FORM Ei Plan approved Plan check date: I 0 7 Comments prepared by: February 6, 2007 Ms. Rebecca Fox, Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 RE: Re Submittal for Tukwila 6 Short Plat, File No. L06 - 057. Dear Ms. Fox: On behalf of Tukwila 6, LLC, we are submitting the information requested by staff to continue the processing of the 4- lot short plat located at 14759 62n Avenue, Tukwila, Washington. Originally, the proposal induded utilizing the existing driveway as an entrance point to Tract 'A;' however, after several attempts to reach the owner failed, the access point was shifted south. Therefore, there is no easement required from the adjacent property owner. Included in this package are the following items: 1. "Draft" copies of all requested easements for staff review; 2. Preliminary engineering drawings have been revised per "redline" comments and; and 3. Preliminary short plat drawings have been revised per "redline" comments. Thank you for your time and effort to review this material. If there are questions, please feel free to contact me at 206.227.7445. Sincerely, TUKWILA 6, LLC PHILLIP KITZES Principal and Partner cc: Mr. Richard Seubert, Tukwila 6, LLC TUKWILA 6, LLC RECEIVED 23035 SE 263' STREET • MAPLE. VALLEY, \VA • 981138 PIIONF.: 206.227.7445 • FAX: 425.432.9397 • E- MAIL: PKENTERPRS@AOL.COM CO DevELOPNENT Al• 1'ER RECORDING RETURN TO: Tukwila 6, LLC 23035 SE 263" Street Maple Valley, WA 98038 COMMUNITY DEVELOPMENT ACCESS/UTILITY EASEMENT RECEIVED Reference Number of Related Document: N/A FEB 2 0 2001 Grantor(s): Tukwila 6, LLC Additional Grantors) on Page N /A. �- v— • -- ___ TUKWILA draitee(s) :Zulewiia 6—l:Ie PUBLIC WORKS Additional arinteeff on Page - - :--- Abbreviated Legal Description: Lot 5, Interurban Add to Seattle. Assessor's Property Tax Parcel or Account No.: 359700 -0087 Grantor: Grantee: Parent Parcel: Tukwila 6, LLC (Ownership of Lot 4 and Tract "A ") Tukwila Heights, LLC THAT PORTION OF TRACT 5, INTERURBAN ADDMON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59 AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 48'20" EAST 200 FEET, ON A LINE PARALLLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 29'40" WEST 150 FEET; THENCE SOUTH 88 48'20" EAST 225 FEET; THENCE NORTH 01 29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. L. !XO Grantor Parcel: Lot 4 and Tract "A" of Short Plat Number L06 -57, in the City of Tukwila, King County, Washington. Grantee Parcel: 2. SUMMARY. V A. Said Parent parcel L06 -057. B. Because Gran will be re property City of Tukwila THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59 AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 12956; THENCE 425 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01 29'40" EAST, 170 FEET; THENCE SOUTH 88 48'20" EAST 40.03 FEET; THENCE SOUTH 01 11'40" WEST 5 }'EL'1; THENCE SOUTH 88 48'20" EAST 147.38 FEET TO THE EAST LINE OF SAID TRACT; THENCE NORTH TO THE NORTHEAST CORNER OF LOT 5; THENCE WEST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. Easement Legal Description: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) 1. EASEMENT AND MAINTENANCE AGREEMENT. This easement and maintenane ent is entered into this _ day of , by and between Tukwila 6, LLC t 4 Oww ersh ) h reafter "Grantor ") and Tukwila Heights, LLC (hereafter "Grantee "). rRf�c"' W . . is increasing from 1 to 4 lots by City of Tukwila Short Plat Number £C'w4S By• s operti effectively cut off from public access, Ownership of Lot 4 vide .a30 -foot wide ingress, a ess, an utility easement across the from the private road easement (Tract 'A') erving Lots 1 through 4 of on flat um 7 G G7Pr � (C1) TRAcT A EXHIBIT "A" ACCESS ANDJTILITY EASEMENT LEGAL DESCRIPTION: TUKWILA LLC TO TUKWILA HEIGHTS, LLC: THAT PORTION OF THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO ✓ THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 °29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 °48'20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 °29'40" WEST 150 FEET; THENCE SOUTH 88 °48'20" EAST 225 FEET; THENCE NORTH 01 °29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; v / EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY NORTHEAST CORNER OF SAID SUBDIVISION BEING COMMON WITH THE SOUTHWESTERLY MARGIN LINE OF SAID PORTION CONDEMNED BY THE CITY OF TUKWILA, SAID LINE BEING A CURVE HAVING A RADIUS OF 370.00 FEET, THE RADIAL CENTER OF WHICH BEARS SOUTH 40 °22'25" WEST; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 8 °29'33" FOR AN ARC DISTANCE OF 54.84 FEET; THENCE SOUTH 34 °26'24" WEST, 30.03 FEET TO A NON— TANGENT CURVE HAVING A RADIUS OF 340.00 FEET, THE RADIAL CENTER OF WHICH BEARS SOUTH 31 °39'18" WEST; THENCE SOUTHERLY AND EASTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 12 °59'02" FOR AN ARC DISTANCE OF 77.05 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE ALONG SAID LINE NORTH 01 °06'56" EAST, 39.96 FEET TO THE POINT OF BEGINNING. t f SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 1 of 1 Fe mary 6, 2007 R. ANDERSON & ASSOCIATES, INC. 06 -004 Access Utility Legal 1- 01.doc 20' 20' % N I = 13.12'(C) 4 b 1 � i 20'1 -)il NI i vs4 ;i1 I � I L ca I � "1 I I 20' I 20 I it ADJJCATED LINE 13E1XEN TRACTS 4 & 5 KC SC NO 129565 LOT 4 11 N N Na 24.00.(D) v J( 1 STORY ROOD FRAME NOUSE 071 SCALE 1' -50' DATE JANUARY 25, 2007 THE INTERUR AN ADD / 770N TO SEA 77ZE (359700) PROPOSED W PA T I `1 . ` r� :----- B 2 f EASE> ' . � •7 r FOR ROADWAY % • ..,.%.. A3° � � REC. NO. 4470513 PROPOSED 20' EASEMENT FOR PUBLIC WATER it 1; SE11FJt N S. UJNE LOT 4 58901'29'E 399.24(0) r c i N69'01'29"w LOT 2 L05 r T — PROPOSED 10' PRNATE , 1 SEVER EASIER R LOT 1 LOT 3 7,250 SF. Wa Cr0= HOUSE TRACT A PRIVATE ROAD & UTILITY TRACT N 11 OO Nri AFTER RECORDING RETURN TO: Tukwila 6, LLC 23035 SE 263" Street Maple Valley, WA 98038 Grantor: Grantees: Parent Parcel: SEWER EASEMENT Reference Number of Related Document: N/A Grantor(s): Tukwila 6, LLC Additional Grantor(s) on Page N/A . Grantee(s): Tukwila 6, LLC Additional Grantee(s) on Page N/A . Abbreviated Legal Description: Lot 5, Interurban Add to Seattle. Assessor's Property Tax Parcel or Account No.: 359700 -0087 v Tukwila 6, LLC (Ownership of Lot 1 and 2) Tukwila 6, LLC (Ownership of Lots 2 and 3) THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59 AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 48'20" EAST 200 FEET, ON A LINE PARALLLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 29'40" WEST 150 FEET; THENCE SOUTH 88 48'20" EAST 225 FEET; THENCE NORTH 01 29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. SITUATED IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. RECEIVED COMMUNITY_ DEVELOPAMT O Grantor Parcel: ' Lot 1 of Short Plat Number L06 -57, in the City of Tukwila, King County, Washington. Lot 2 of Short Plat Number L06 -57, in the City of Tukwila, King County, Washington. Grantee Parcel O Lot 2 of Short Plat Number L06 -57, in the City of Tukwila, King County, Washington. DD Lot 3 of Short Plat Number L0657, in the City of Tukwila, King County, Washington. Easement Legal Description: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) 1. EASEMENT AND MAINTENANCE AGREEMENT. This easement and maijitenanc between Tukwila 6; LL "Grantee "). 2. SUMMARY. A. Said Parent parcel is increasing from 1 to 4 lots by City of Tukwila Short Plat Number L06 -057. B. Lot 2 and 3 of this subdivision will require sewer service off of the sewer main being extended from 59 Street. C. Ownership of Lots 1 and 2 will provide a 10 -foot wide easement along the westerly edge (except the north 20 feet of Lot 1), to Lots 2 and 3 for the purposes of constructing, using, maintaining, repairing or replacing a side sewer pipe for the sole purposes of conveyance of domestic sewage generated by the development on said Grantee's property. 3. AGREEMENT AND GRANT. In consideration of the mutual covenant herein contained and other good and valuable consideration, the parties hereto hereby agree as follows: 5e W C1( Grantor, its heirs, assigns an : successors hereby grants Grantee, its heirs, assigns and successors, acres - - a , and across said property for the purpose of providing a 10 -foot wide easement ' r s veyance to serve this subdivision. Together with the rights of ingress and egress • access to construct, repair, and maintain the same, and together with the rights to keep the private easement free of obstructions that may interfere with the proper operation and maintenance of the access and utility easement. ement is entered into this _ day o ,--`— fter "Grantor ") and Tukwila 6",-LL 4. OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS, HEREBY COVENANT TO: A. Minimal plantings and landscaping are allowed within this easement area. -rs - 4 - f , I' . Maintenance of this easement is one percent a responsibility of the ownership of Lot 2 of City of Tukwila Short Plat No. L06 -057. 4 4:4 This Agreement shall inure to the benefit of and the binding upon the heirs, successors, and/or assigns of each respective party hereto. All covenants shall be deemed and are intended to be covenants running with the land for °: "bf Tukwila Short Plat Number L06 -057. Mr. Richard Seubert, Manager for Tukwila 6, LLC Date DrAy2 • ) - �+".► -� EXHIBIT "A" SEWER EASEMENT LEGAL DESCRIPTION: TUKWILA , LLC TO TUKWILA , LLC: THAT PORTION OF THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 °29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 °48'20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 °29'40" WEST 150 FEET; THENCE SOUTH 88 °48'20" EAST 225 FEET; THENCE NORTH 01 °29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID SUBDIVISION SOUTH 01 °06'56" WEST 20.00 FEET; THENCE ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION SOUTH 89 °01'29" EAST 200.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01 °06'56" WEST 100.00 FEET; THENCE SOUTH 89 °01'29" EAST, 10.00 FEET; THENCE NORTH 01 °06'56" EAST, 100.00 FEET TO A LINE BEARING SOUTH 89 °01'29" EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE NORTH 89 °01'29" WEST TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page1of1 February 6, 2007 KENNETH R. ANDERSON & ASSOCIATES, INC. 06 -004 Access Utility Legal 2 -01.doc i 20' S3 20' rznc 1312'(C) 20.00' 0) 20' AE I g I ADd1CA1ED UNE EIFITYEEN 1RAC1S 4 & 5 KC SC NO 129565 LOT new 20O.O0'(0 1 s 1ORY woo0 FRAME HOUSE SCALE 1 DATE: JANUARY 28, 2007 ` ""'a °J s THE INTERURI3AN ADDITION TO SEA TTLE (359700) serj PROPOSED 10' PRIVATE SEVER EASEMENT 8 � A Y N199119' W Caro LOT 2 LO I15 LOT 3 7,230 S.F. x� x VOO FR HOUSE 20 Ewsm? SERER TRACT A PRIVATE ROAD & UTWTY TRACT — FOR ROADWAY RFC. NO. 4470513 \ It S. UNE LOT 4 PROPOSED 20' EASEME T \ S1W'O1'29' 399.24(C) j PROPOSED 10' PRIVATE 1 1 SEVER EAS TENT LOT 1 �. PROPOSED ,d \ PRIVATE ACCESS NO UTILITY EASEMENT LOT 4 El 2oo'(Dx, AFTER RECORDING RETURN TO: Tukwila 6, LLC 23035 SE 263 Street Maple Valley, WA 98038 Reference Number of Related Document: N/A Grantor(s): Tukwila 6, LLC Additional Grantor(s) on Pa ' e N/A . Grantee(s): Tukwila 11 = • = •, LLC Additional Grantee(s) on ' age N/A . Abbreviated Legal Description: Lot 5, Interurban Add to Seattle. Assessor's Property Tax Parcel or Account No.: 359700 -0087 & 359700 -0082 SEWER EASEMENT SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. RECEIVED 1 .) COMMUNITY DEVELOPMENT Grantor: Tukwila 6,LLC.(Ownershi of Lot 1) Grantees: t . , fulcuiliA (p Liz CowAuff,et L Parent Parcel: THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59 AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 48'20" EAST 200 FEET, ON A LINE PARALLLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 29'40" WEST 150 FEET; THENCE SOUTH 88 48'20" EAST 225 FEET; THENCE NORTH 01 29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; Grantor Parcel: Lot 1 of Short Plat Number L06 -57, in the City of Tukwila, King County, Washington. Grantee Parcel: 1. EASEMENT AND MAINTENANCE AGREEMENT. B. Easement Legal Description: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) 2. SUMMARY. I_ cry 'k ›ho,+ V/4 N� Lao - OS l i P. THAT ORTION OF T ' C , I ` ERURBAN ACCORD I TO THE PLAT THEREOF RECORDED IN VOLUME 10 ffr OF PLATS, PAGE 55, IN KING COUNTY, V1i:ASHINGTON, DESCRIBED A FOLLOWS: BEGINNING AT I INTERSECTION OF TA EAST LINE OF 59 AVENUE SOUTH THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF ' ADDITION; SAID LINE WAS FIXED AND ESTABLISHED BY I s CO SUPERIOR COURT CAUSE NO. 12956; THENCE 425 FEE -O s I POINT OF BEGINNING; THENCE SOUTH 01 29'40" EAST, 17 o T; THENCE SOUTH 88 48'20" EAST 40.03 FEET; THENCE SO 01 11'40" WEST 5 FEET; THENCE SOUTH 88 48'20" EAST 147.38 ET TO THE EAST LINE OF SAID TRACT; THENCE RTH TO I ORTHEAST CORNER OF LOT 5; THENCE WEST 0 THE POINT OF B INNING; EXCEPT / T PORTION CONDEMNED Y THE CITY OF TUKWILA IN KIN OUNTY SUPERIOR COURT CA NO. 733565; ATED IN THE COUNTY OF KING, STATE WASHINGTON. 6t w ; ( ` /'. a � a,, g �t t ovv� )1 a cc La This easement and mainten cement is entered into this _ day of ... , by and between Tukwila 6, LLC ' 1 ereafter "Grantor") and Tukwila 6, LLC (; • t(h eafter "Grantee "). A. Said Parent parcel is increasing from 1 to 4 lots by City of Tukwila Short Plat Number LO of this subdivision will require sewer service off of the sewer main being om59 - t. t ) of domestic sewage generated by,tfie development on said Grantee's property. 11 provide a :. ide easement , to Lo for the purposes of constructing, using, - repairing or 3. AGREEMENT AND GRANT. In consideration of the mutual covenant herein contained and other good and valuable consideration, the parties hereto hereby . ows: Grantor, its heirs, assigns an . . .je- : • - _- • rantee, its heirs, assigns and successors, access over, un , and across said property for the purpose of providing a 10 -foot wide easement foronveyance to serve this subdivision. Together with the rights of ingress and egress for access to construct, repair, and maintain the same, and together with the rights to keep the private easement free of obstructions that may interfere with the proper operation and maintenance of the access and utility easement. 4. OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS, HEREBY COVENANT TO: Minimal plantings and landscaping are allowed within this easement area. Maintenance of easement is one hundred percent (100%) the responsibility of the ownership of I ? City of Tukwila Short Plat No. L06 -057. This Agreement shall inure .;e benefit of and the binding upon the heirs, successors, and/or assigns of each respective party e ;. o:. All covenants shall be deemed and are intended to be covenants running with the land f• a City of Tukwila Short Plat Number L06 -057. Mr. Richard Seubert, Manager for Tukwila 6, LLC Date N EXHIBIT "A" SEWER EASEMENT LEGAL DESCR.I.PTIQNs TUKWILA Of, LLC ,_TO TUKWILA pzerrs, LLti THAT PORTION OF THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 °29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 °48'20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 °29'40" WEST 150 FEET; THENCE SOUTH 88 °48'20" EAST 225 FEET; THENCE NORTH 01 °29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID SUBDIVISION SOUTH 01 °06'56" WEST 20.00 FEET; THENCE ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION SOUTH 89 °01'29" EAST,,- 44`-FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 °01'29" EAST,'= 10.32'FEET, SOUTH 13 °23'47" EAST, 24.24' FEET; THENCE SOUTH 34 °26'24" WEST 13.49 FEET TO A LINE BEARING SOUTH 13 °23'47" EAST FROM THE__TRLJE POINT OF BEGINNING; THENCE ALONG SAID LINE NORTH 13 °23'47" WESTk_35.86 - 4EET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 1 of 1 February 6, 2007 KENNETH R. ANDERSON & ASSOCIATES, INC. 06-004 Ac•pcs Utility Legal 3 -01.doc i 1 1 20' I v I i.ii... ti I 1 g 20' I g; ' I I , �� 1112'(C) 1 f 20.00' ) ti g 1 AD UCATED LR4E BEAM 1RACTS 4 & 5 KC SC NO 129583 LOT4 0061 N89'01 200.00'(D) 1 STORY WOOD FRAME HOUSE SCALE 1'x40 DATE JANUARY 28, 2007 se e 1 �_' \ ?'st, 4 X0 OQ6D FJ�pLT �� � �T \ \ - 2D FoR RDADWA REG Na 4r � osta S. L IME L OT 4 PROPOSED 20 T } FOR PUBLIC W ATER R S 399.24(C r PROPOSED 10' PRIVATE SE1R THE /NTERUR AN ADD/170N TO SEATTLE (359700) LO ) 5 LOT 3 7,250 S.F. x 41 1 0 M _ N8911'29il WOOD FRAME .. -+ Y 225.00tk AFTER RECORDING RETURN TO: Tukwila 6, LLC 23035 SE 263` Street Maple Valley, WA 98038 Grantor: Grantees: Parent Parcel: Grantor Parcel: UTILITY EASEMENT Reference Number of Related Document: N/A Grantor(s): Tukwila 6, LLC Additional Grantor(s) on Page N/A . Grantee(s):-Cityrof Tuk ila '['u � , c � , k a. �, LC,C Qr a 1' Additional Grantee(s) on Page N/A . / Abbreviated Legal Description: Lot 5, Interurban Add to Seattle. Assessor's Property Tax Parcel or Account No.: 359700 -0087 Tukwila 6, LLC (Ownership of Lot ,el 4 w 4, L Le H e ;sk S, LLC THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59 AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 48'20" EAST 200 FEET, ON A LINE PARALLLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 29'40" WEST 150 FEET; THENCE SOUTH 88 48'20" EAST 225 FEET; THENCE NORTH 01 29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. 6. „ d L .� - C '- n Lot 1 of Short Plat Number L06 -57, in the City of Tukwila, King County, Washington. RECEIVED C EVE -0P t D 116ENT to',57 964.E Easement Legal Description: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) 2. SUMMARY. 1. EASEMENT AND MAINTENANCE AGREEMENT. c,,1 1.k This easement and maintenance ament is entered into this _ day of , by and between Tukwila 6, LLC (Lot 1 ereafter "Grantor ") and Tukwila 6, LLC (Lots and Tukwila Heights Property (hereafter "Grantees "). * A. Said Parent parcel is increasing from 1 to 4 lots by City of Tukwila Short Plat Number L06 -057. #4.1 4.6• IS B. Said Short Plat will require utilities ( ter.,, pr�and other dry utilities) to be extended from South 59 Street the private road easement serving this subdivision. This easement is to support lots 1 throug - of this-subdiiion and the adjacent lot to the east, presently owneg by Tukwila Heights, LLC (APN 359700- 0082). ry a�a L44 C. Owne hip of Lot 1 n be require provide a 20 -foot wide utility easement for water, sewer, s , power, and other dry utilities across the property-- extending from So 0 59 Street the private road easement (Tract 'A') that serves this property and through 4 of City of Tukwila Short Plat Number L06 -057 and the adjacent lot to the presently owned by Tukwila Heights, LLC (APN 359700 - 0082). 3. AGREEMENT AND GRANT. In consideration of the mutual covenant herein contained and other good and valuable consideration, the parties hereto hereby agree as follows: Grantor, its heirs, assigns and/or successors hereby grants Grantee, its heirs, assigns and successors, access over, under, and across said property for the purpose of providing a 20 -foot wide easement for utilities to serve this subdivision. Together with the rights of ingress and egress for access to construct, repair, and maintain the same, and together with the rights to keep the private easement free of obstructions that may interfere with the proper operation and maintenance of the access and utility easement. 4. OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS, HEREBY COVENANT TO: A. Minimal plantings and landscaping are allowed within this easement area. B. Easement must remain accessible to all utility purveyors with service within this easement area. C. Direct access to 59 Avenue South is permissible. Any paving and/or grading prior t installing an access road must be approved by the City of Tukwila. D. Maintenance,.of `ER)ement is one hundred percent (1 gerij the responsibility of the ownership of lot 1 of city, of Tukwila Short Plat No. L06 -057. This Agreement shall inure to the benefit of and the binding upon the heirs, successors, and/or assigns of each respective p - • _ All covenants shall be deemed and are intended to be covenants running with the lan 4 for Lot 1 of y f'4yikwila Short Plat Number L06 -057. Mr. Richard Seubert, Manager for Tukwila 6, LLC Date EXHIBIT "A" UTILITY EASEMENT LEGAL DESCRIPTION: TUKWILA SIX, LLC TO TUKWILA HEIGHTS, LLC: THAT PORTION OF THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 °29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 °48'20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 °29'40" WEST 150 FEET; THENCE SOUTH 88 °48'20" EAST 225 FEET; THENCE NORTH 01 °29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY. NORTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID SUBDIVISION SOUTH 01 °06'56" WEST 20.00 FEET; THENCE ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION SOUTH 89 °01'29" EAST 409.95 FEET TO THE SOUTHERLY MARGIN LINE OF SAID PORTION CONDEMNED BY THE CITY OF TUKWILA, SAID LINE BEING A CURVE HAVING A RADIUS OF 370.00 FEET, THE RADIAL CENTER OF WHICH BEARS SOUTH 37 °19'43" WEST; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE TO THE'LEFT THROUGH A CENTRAL ANGLE OF 5 °36'22" FOR AN ARC DISTANCE OF 36.20 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID LINE NORTH 89 °01'29" WEST, 379.24 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 1 of 1 February 6, 2007 KENNETH R. ANDERSON & ASSOCIATES, INC. 06-004 Access Utility Legal 4-01.doc 20' I I k I b� l luigttj I 14q ad I 1 20' I 20' 20' 1 I PROPOSED 30' \ • PRIVATE AOC=SS NC UTILITY EASONNT LOT 4 el 2 STORY W000 FRAME HOUSE 111TH DAYLIGHT sa zr AOJJCATED UNE SEMEN 1RACTS 4 & 5 KC SC NO 129565 LOT 4 SLAE LOT 4 ;T W S89'O1'29'E 399.24(C) N89'01 29 . , . , P"'""; ;;;;""" NOO FRAME HOUSE SCAlE 1'x50' DATE JANUARY 284 2007 PROPOSED 10' PRIVATE MU EASEIDff T THE /NTERUR AN ADD/770N TO SEA TTLE (359700) LOT 3 7.250 S F. m EASB ED . FOR ROADWAY WOOD FRAME SSE U L071 e - 4 • AFTER RECORDING RETURN TO: Tukwila 6, LLC 23035 SE 263 Street Maple Valley, WA 98038 ACCESS/UTILITY AGREEMENT AND ROAD MAINTENANCE AGREEMENT 0 AND ROCKERY MAINTENANCE AGREEMENT IMI•no r • — — - Grantor: Tukwila 6, LLC Grantees: Tukwila 6, LLC, Tukwila Heights, LLC Parent Parcel: THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59" AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 48'20" EAST 200 FEET, ON A LINE PARALLLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 29'40" WEST 150 FEET; THENCE SOUTH 88 48'20" EAST 225 FEET; THENCE NORTH 01 29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. G Pokloc-i , �o-yc a 'Easement Legal Description: �E g`? et p PART Hf or ) 1. EASEMENT AND MAINTENANCE AGREEMENT. ff DEVELOP 1M ENT This easement and maintenance agreement is entered into this _ day of , by and between Tukwila 6, LLC (hereafter "Grantor ") and Tukwila 6, LLC and Tukwila Heights, LLC (hereafter "Grantees "). 2. SUMMARY. A. Said Parent parcel is increasing from 1 to 4 lots by City of Tukwila Short Plat Number L06 -057. B. Said Short Plat will require utilities and access from said easement to support lots 1 through 4 of this subdivision and the adjacent lot to the east, presently owned by Tukwila Heights, LLC (APN 359700- 0082). 3. AGREEMENT AND GRANT. In consideration of the mutual covenant herein contained and other good and valuable consideration, the parties hereto hereby agree as follows: Grantor hereby grants Grantees, its heirs, assigns and successors, access over, under, and across said private road easement for the purpose of providing access and utilities to serve Lots I through 4 of Tukwila Short Plat Number L06 -057 and Assessor Parcel Number 359700- 0082. Together with the rights of ingress and egress for access to construct, repair, and maintain the same, and the rockery associated therewith, and together with the rights to keep the private road easement free of obstructions that may interfere with the proper operation and maintenance of the access and utility easement. 4. OWNERS, HEIRS, SUCCESSORS, AND ASSIGNS, HEREBY COVENANT TO: A. Keep any part of said private road easement affected by grantee's use of it in good condition and repair. B. Not to remove or demolish the private road easement or any part thereof. C. Restore properly and in good and workmanlike manner any part of said private road which may suffer damage. D. To comply with and not suffer violations of applicable laws, ordinances, regulations, and standards. E. Not to commit or permit waste within the private road easement. F. No parking is permitted within the easement area. The easement shall be maintained in operational conditions consistent with the conditions in existence on public streets in the vicinity. The private road easement shall at all times be maintained to support safe and unimpeded pedestrian and vehicular access, including fire and other emergency vehicles. Maintenance shall include, but not be limited to proper upkeep of pavement surfaces, shoulder and vegetation control, and the rockery adjacent to the private road easement. G. Maintenance of utilities and services for the individual lots requiring access to and/or affecting the condition of the private road easement will be the responsibility of that lot owner and must be remedied in an expeditious manner (no more than 30 days upon completion). r H. Each participating property will bear a one -fifth (1/5) responsibility of the cost to maintain said private road easement. This Agreement shall inure to the benefit of and the binding upon the heirs, successors, and/or assigns of each respective party hereto. All covenants shall be deemed and are intended to be covenants running with the land for Lots 1 through 4 of City of Tukwila Short Plat Number L06 -057 and the adjacent parcel to the east (Assessor's Parcel Number 359700- 0082). C Mr. Ri . d Seubert, Manager for Tukwila 6, LLC Date Mr. Phillip Kitzes, Manager for Tukwila Heights, LLC Date EXHIBIT "A" ACCESS, AND ROCKERY AGREEMENT LEGAL DESCRIPTION: TUKWILA LLC 0 TUKWILA HEIGHTS'; .L,LC: li kV11.A G , L- RNy • THAT PO °"•N OF THAT'PORTIQ OF TRAC , INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: J BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 °29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 °48'20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 °29'40" WEST 150 FEET; THENCE SOUTH 88 °48'20" EAST 225 FEET; THENCE NORTH O1 °29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY • SUPERIOR COURT CAUSE NO. 733565; SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING THE MOST WESTERLY NORTHWEST CORNER OF "SAID SUBDIVISION; THENCE ALONG. THE WES - - OF SAID SUBDIVISION SO H'bl °06'56" WEST 20.00 FEET; THENCE ALONG A LI = LEL WITH THE N H LINE OF SAID SUBDIVISION SOUTH 89 °01'29" EAST 409.95 F TO THE S! HERLY MARGIN LINE OF SAID PORTION L t CONDEMNED BY THE CITY dF �. AID LINE BEING A CURVE HAVING A RADIUS V OF 370.00 FEET, THE RADIAL CE E • WHICH BEARS SOUTH 37 °19'43" WEST; THENCE NORTHERLY AND WESTE ALONG • CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 5 °36'2 FOR AN ARC DIS CE OF 36.20 FEET TO THE NORTH LINE OF SAID SUBDIVI •N; THENCE ALONG SAID L ' NORTH 89 °01'29" WEST, 379.24 FEET TO 'OINT OF BEGINNING. tj SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 1 of 1 February 6, 2007 KENNETH R. ANDERSON & ASSOCIATES, INC. 06-004 Access Utility Legal 4- 01.doc NEW TRACT 'A' LEGAL DESCRIPTION: THAT PORTION OF THE AFORESAID HEREINABOVE LEGALLY DESCRIBED ORIGINAL PARCEL OF LAND, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF SAID ORIGINAL PARCEL; THENCE ALONG THE WEST UNE OF SAID ORIGINAL PARCEL SOUTH 01'06'56' WEST 20.00 FEET; THENCE ALONG A UNE PARALLEL WITH THE NORTH UNE OF SAID ORIGINAL PARCEL SOUTH 89'01'29' EAST 200.00 FEET; THENCE SOUTH 01'06'56' WEST 100.00 FEET; THENCE SOUTH 89'01'29' EAST, 125.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01'06'56' EAST, 16.32 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 65.00 FEET; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 3319'28' FOR AN ARC DISTANCE OF 37.81 FEET; THENCE NORTH 34'26'24' EAST, 80.88 FEET TO THE TO THE SOUTHERLY MARGIN UNE OF SAID PORTION CONDEMNED BY THE CITY OF TUKWILA, SAID LINE BEING A CURVE HAVING A RADIUS OF 370.00 FEET, THE RADIAL CENTER OF WHICH BEARS SOUTH 31'52'52' WEST; THENCE SOUTHERLY AND EASTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 3'05'52' FOR AN ARC DISTANCE OF 20.01 FEET; THENCE SOUTH 34'26'24' WEST, 81.24 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS CF 45.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 3319'28' FOR AN ARC DISTANCE OF 26.17 FEET; THENCE SOUTH 01'06'56' WEST, 16.27 FEET TO A UNE BEARING SOUTH 89'01'29' EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID UNE NORTH 89'01'29' WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. Situate in the County of KING, State of Washington. N KING COUNTY, WASHINGTON. 20' j i I I I r J / g 1 1 v v u1 IXN Os f I P 0 1 20 1 1 1 II 20' I 17 k 13.12'(C) 2,0.00' ADd1CATED LINE BETWEEN TRACTS 4 & 5 KC SC NO 129565 LOT 4 oas, 1,01 2 N89'01 'W 200:00'(D) 1 ST ORY wood FRAME HOUSE SCALE: 1' ..50' DATE: JANUARY 28, 2007 PROPOSED 10' PRIVME EASOOL 1115: 0 614 8 16 s 55 8 3 U THE /NTERUR AN ADD/770N TO SEA TTLE (359700) ka %,„ 4, if ; - fOR ROADf11Y `i7�i , et REC. NO. 4470613 S. LINE LOT 4 PROPOSED 20' EASEdT •• S8701'291399.24(C) SEAR i LOT 2 S. ♦ S PROPOSED 10' PRIVATE SEVER EASIER LOT 1 LOT 3 7.250 SF. TRACT A PRIVATE ROAD & U11UTY TRACT _ N89"1'2rw L05 PROPOSED 30' PRIVATE ACCESS EASEMENT WENT LOT 4 a Return Address: City Of Tukwila City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 'flgis�Ep fZ7 ,1 Above this line reserved for recording information. Reference # (if applicable): N/A "--• -- Additional on page: Grantor/Borrower: 1) Leg -Nguyen 2) - rukuv; i c, (, L.c. Additional on page: Grantee/Assignee/Beneficiary: Cit of Tukwila Legal Description/STR: ,SE '/, 23 -04 Additional on page: Assessor's Tax Parcel ID #: 543686O231 1,5'9loc. - d °g-7 r �Vkur,t to 6, 1.1C 61 L /L'51 For and in consideration of the suni of ten dollars ($10.00) and other good and valuable consideration, receipt of which j hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, ng- Nguyen; di'v ual— whereby conveys and warrants to the City of Tukwila, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of laying, maintaining, and installing waterline __ _. _ __ _ __ -___ AND APPURTENANCES THEREOF, said real property being described as follows: 1' This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Eas•meni(Indivic�ual) • i Page 1 of �(- SEE EXHIBIT "A ", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above - described Easement by said Grantee for the above - described purposes. Said Grantor may fence across said Easement and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above - described Easement. If said gate is to be locked, keys shall be provided to the Grantee. This Easement shall be a covenant running with the above - described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. IN WITNESS WHEREOF, said individual has caused this instrument to be executed this day of r, 20 61t STATE OF WASHINGTON) )ss. County of King ) I certify that I know or ' ve satisfactory evidence that s and are the persons who appeared befQfe me, and said persons acknowledged that they signe this instrument, on oath stated that they were authorized to execute the instrument and ackn • ledged it as the and of ,a Cmpmrati�, t b ee an• �olun ,.� act of such parties for the uses and purposes mentioned in this ms . Dated REF. E emerit n iv al) age 2 of '�- Authorized Signature Authorized Signature Not Public in and f';i, the State of Washington res mg at ,. appointment expires \ EXHIBIT- ( .,( pu(Z, L 1 C � ^ - -- - ,._.,.__- �_ 4Z'f'3 8A3�1T LEGAL DESCRIPTIQN: TUKWILA SIX, LLC TO T HEIGHTS - LLC: F i- `tea x..✓ THAT PORTION OF THAT PORTION OF TRACT 5, INTERURBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: " BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 °29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 °48'20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID ADJUCATED LINE; THENCE SOUTH 01 °29'40" WEST 150 FEET; THENCE SOUTH 88 °48'20" EAST 225 FRET; THENCE NORTH 01 °29'40" WEST 170 FEET TO SAID ADJUCATED LINE; THENCE WEST, ALONG SAID ADJUCATED LINE, 425 TO THE POINT OF BEGINNING; V EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SAID PORTION OF THE HEREINABOVE DESCRIBED SUBDIVISION OF LAND, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,/ BEGINNING AT THE MOST WESTERLY,NORTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID SUBDIVISION SOUTH 01 °06'56" WEST 20.00 FEET; THENCE ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION SOUTH 89 °01'29" EAST 409.95 FEET TO THE SOUTHERLY MARGIN LINE OF SAID PORTION CONDEMNED BY THE CITY OF TUKWILA, SAID LINE BEING A CURVE HAVING A RADIUS OF 370.00 FEET, THE RADIAL CENTER OF WHICH BEARS SOUTH 37 °19'43" WEST; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 5 °36'22" FOR AN ARC DISTANCE OF 36.20 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID LINE NORTH 89 °01'29" WEST, 379.24 FEET TO THE POINT OF BEGINNING. , SITUATE IN THE COUNTY OF KING, STATE: OF WASHINGTON. CIAT ES, INC: PROPOSED 10 MATE SEVER EASIELIT LOT 1 LOT 3 7,250 Sr. TRACT 'A PRIVATE ROAD & UTILITY TRACT IMOD RARE MI DAYLIGHT PRQrOSID • PRIVATE ACCESS AND UUUTV EASEMENT LOT 4 el S LK LOT 4 j ..11E C) 0 :4,44/"Ig 4/v ARARCA1Rn UNE 8Et1ED1 TRACTS 4 & 5 KC SC NO 129565 LO I STORY FRAME HOUSE i I SCAM DATE; JANUARY 225. 2007 PROP= Di PFd A1E SEIM EASODIT T m� THE /NTERUR AN ADD/770N TO SEA 77LE (359700) ° N. q LO T5 WOOD mirk" HOUSE COOL - X .. %N •�o • Parcel name. BOUNDARY. • North: 174781.6485 East : 1287816.1320 • Curve Length: 55.866 Radius: 370.000 • Delta: 8 -39 -04.0 Tangent: 27.986 • Chord: 55.813 Course: N 53 -57 -07.3 W. Course In: S 40 -22 -24.7 W Course Out: N 31 -43 -20.7 E. RP North: 174499.7686 East : 1287576.4578 • End North: 174814.4926 East : 1287771.0055 • Line Course: N 89 -01 -29.0 W Length: 379.242 • North: 174820.9477 East : 1287391.8184 • Line Course: S 01 -06 -56.0 W Length: 20.000 • North: 174800.9515 East : 1287391.4291 • Line Course: S 89 -01 -29.0 E Length: 200.000 • North: 174797.5473 East : 1287591.4001 • Line Course: S 01 -06 -56.0 W Length: 150.000 • North: 174647.5757 East : 1287588.4798 • Line Course: S 89 -01 -29.0 E Length: 225.000 • North: 174643.7460 East : 1287813.4472 • Line Course: N 01 -06 -56.0 E Length: 137.929 • North: 174781.6488 East : 1287816.1325 • • • • RECEIVED Perimeter: 1168.038 Area: 41,555 S.F. 0.95 acres. • Mapcheck Closure - (Uses listed courses, radii, and deltas). Error Closure: 0.0006 Course: N 57 -39 -33.8 E. Error North: 0.00031 East : 0.00049 • Precision 1: 1,946,728.333 • • • • Parcel name: EASEMENT ACCESS UTILITY -1• • North: Curve Length: Delta: Chord: Course In: RP North: End North: a 174781.6485 54.842 8 -29 -32.9 54.792 S 40 -22 -24.7 W 174499.7686 174813.9527 East : 1287816.1320 Radius: 370.000 • Tangent: 27.471 • Course: N 53 -52 -21.7 W• Course Out: N 31 -52 -51.8 E. East : 1287576.4578 • East : 1287771.8761 • Line Course: S 34 -26 -23.7 W Length: 30.033 • North: 174789.1839 East : 1287754.8912 Curve Length: 77.047 Radius: 340.000 • Delta: 12 -59 -01.5 Tangent: 38.689 Chord: 76.882 Course: S 51 -51 -10.9 E. Course In: S 31 -39 -18.4 W Course Out: N 44 -38 -19.9 E. RP North: 174499.7683 East : 1287576.4576 • End North: 174741.6951 East : 1287815.3537 Line Course: N 01 -06 -56.0 E Length: 39.961 • North: 174781.6486 East : 1287816.1317 • Perimeter: 201.882 Area: 1,974 S.F. 0.05 acres* • Mapcheck Closure - (Uses listed Error Closure: 0.0003 Error North: 0.00005 Precision 1: 672,943.333 • • • Parcel name: EASEMENT SEWER -20 • • • • • courses, radii, and deltas). Course: N 78 -10 -41.7 W. East : - 0.00025 • COMMUNITY DEVELOPMENT • • North: 174797.5472 Line Course: S 01 -06 -56.0 W North: 174697.5662 Line Course: S 89 -01 -29.0 E North: 174697.3960 Line Course: N 01 -06 -56.0 E North: 174797.3770 Line Course: N 89 -01 -29.0 W North: 174797.5472 • • Mapcheck Closure - (Uses listed courses, radii, and deltas). Error Closure: 0.0000 Course: S 90 -00 -00.0 E. Error North: 0.00000 East : 0.00000 • Precision 1: 220,000,000.000 • • • • Parcel name: EASEMENT SEWER -3• • • Mapcheck Closure - (Uses listed courses, radii, and deltas)* Error Closure: 0.0009 Course: N 13 -44 -49.0 We Error North: 0.00085 East : - 0.00021 • Precision 1: 93,234.444 • Perimeter: 220.000 Area: 1,000 S.F. 0.02 acres' North: 174795.2419 Line Course: S 89 -01 -29.0 E North: 174795.0662 Line Course: S 13 -23 -47.4 E North: 174771.4868 Line Course: S 34 -26 -23.7 W North: 174760.3605 Line Course: N 13 -23 -47.4 W North: 174795.2428 • • Perimeter: 83.911 Area: 300 S.F. 0.01 acres* • Parcel name: EASEMENT TRACT A -5• • East : 1287591.3996 • Length: 100.000 • East : 1287589.4527 Length: 10.000 • East : 1287599.4513 Length: 100.000 • East : 1287601.3982 Length: 10.000 • East : 1287591.3996 East : 1287726.8178 • Length: 10.323 • East : 1287737.1393 Length: 24.239 • East : 1287742.7552 Length: 13.491 • East : 1287735.1255 Length: 35.858 • East : 1287726.8176 • • • • North: 174813.9527 East : 1287771.8762 • Curve Length: 20.005 Radius: 370.000 • Delta: 3 -05 -52.5 Tangent: 10.005 • Chord: 20.003 Course: S 56 -34 -11.9 Es Course In: S 31 -52 -51.8 W Course Out: N 34 -58 -44.3 E• RP North: 174499.7686 East : 1287576.4578 • End North: 174802.9327 East : 1287788.5699 • Line Course: S 34 -26 -23.7 W Length: 81.235 • North: 174735.9366 East : 1287742.6281 • Curve Length: 26.173 Radius: 45.000 • Delta: 33 -19 -27.7 Tangent: 13.468 • Chord: 25.806 Course: S 17 -46 -39.9 W• Course In: S 55 -33 -36.3 E Course Out: N 88 -53 -04.0 W• RP North: 174710.4872 East : 1287779.7405 • End North: 174711.3633 East : 1287734.7490 • Line Course: S 01 -06 -56.0 W Length: 16.268 • North: 174695.0984 East : 1287734.4323 • Line Course: N 89 -01 -29.0 W Length: 20.000 • North: 174695.4388 East : 1287714.4352 • Line Course: N 01 -06 -56.0 E Length: 16.317 • North: 174711.7527 East : 1287714.7529 • Curve Length: 37.805 Radius: 65.000 • Delta: 33 -19 -27.7 Tangent: 19.454 • Chord: 37.275 Course: N 17 -46 -39.9 Es • Course In: S 88 -53 -04.0 E Course Out: N 55 -33 -36.3 We RP North: 174710.4872 East : 1287779.7405 • End North: 174747.2475 East : 1287726.1338 • Line Course: N 34 -26 -23.7 E Length: 80.883 • North: 174813.9533 East : 1287771.8765 Perimeter: 298.686 Area: 2,589 S.F. 0.06 acres. • • Mapcheck Closure - (Uses listed courses, radii, and deltas)* Error Closure: 0.0006 Course: N 30 -47 -03.1 E• Error North: 0.00053 East : 0.00032 • Precision 1: 497,810.000 • • • • Parcel name: EASEMENT WATER SEWER -40 • North: 174820.9477 Line Course: S 01 -06 -56.0 W North: 174800.9515 Line Course: S 89 -01 -29.0 E North: 174793.9822 Curve Length: 36.203 Delta: 5 -36 -21.9 Chord: 36.188 Course In: S 37 -19 -42.6 RP North: 174499.7686 End North: 174814.4926 Line Course: N 89 -01 -29.0 W North: 174820.9477 • • • W Perimeter: 844.896 Area: • Mapcheck Closure - (Uses listed Error Closure: 0.0008 Error North: 0.00000 Precision 1: 1,056,120.000 • • • Parcel name: LOT1 -R10 East : 1287391.8180 • Length: 20.000 • East : 1287391.4286 Length: 409.451 • East : 1287800.8203 Radius: 370.000 • Tangent: 18.116 Course: N 55 -28 -28.4 W• Course Out: N 31 -43 -20.7 E• East : 1287576.4582 East : 1287771.0058 Length: 379.242 • East : 1287391.8188 7,898 S.F. 0.18 acres* North: 174820.9477 East : 1287391.8180 • Line Course: S 01 -06 -56.0 W Length: 20.000 • North: 174800.9515 East : 1287391.4286 • Line Course: S 89 -01 -29.0 E Length: 200.000 • North: 174797.5473 East : 1287591.3996 • Line Course: S 01 -06 -56.0 W Length: 48.000 • North: 174749.5564 East : 1287590.4651 • Line Course: S 89 -01 -29.0 E Length: 135.688 • North: 174747.2468 East : 1287726.1334 • Line Course: N 34 -26 -23.7 E Length: 80.883 • North: 174813.9527 East : 1287771.8761 • Curve Length: 1.024 Radius: 370.000 • Delta: 0 -09 -31.1 Tangent: 0.512 • Chord: 1.024 Course: N 58 -11 -53.8 W. Course In: S 31 -52 -51.8 W Course Out: N 31 -43 -20.7 E• RP North: 174499.7685 East : 1287576.4578 • End North: 174814.4925 East : 1287771.0055 • Line Course: N 89 -01 -29.0 W Length: 379.242 • North: 174820.9476 East : 1287391.8184 • Perimeter: 864.838 Area: 14,749 S.F. 0.34 acres* • Mapcheck Closure - (Uses listed courses, "radii, and deltas)* Error Closure: 0.0005 Course: S 76 -53 -06.1 E• • • • • • • courses, radii, and deltas)* Course: N 89 -59 -06.7 E• East : 0.00082 • • • • Error North: - 0.00011 East : 0.00048 • Precision 1: 1,729,674.000 • • • • Parcel name: LOT2 -R1• • North: 174749.5566 Line Course: S 01 -06 -56.0 W North: 174697.5665 Line Course: S 89 -01 -29.0 E North: 174695.4389 Line Course: N 01 -06 -56.0 E North: 174711.7528 Curve Length: 37.805 Delta: 33 -19 -27.7 Chord: 37.275 Course In: S 88 -53 -04.0 E RP North: 174710.4873 End North: 174747.2475 Line Course: N 89 -01 -29.0 W North: 174749.5571 • • East : 1287590.4651 • Length: 52.000 • East : 1287589.4527 Length: 125.000 • East : 1287714.4346 Length: 16.317 • East : 1287714.7523 Radius: 65.000 • Tangent: 19.454 Course: N 17 -46 -39.9 Course Out: N 55 -33 -36.3 East : 1287779.7400 East : 1287726.1332 Length: 135.688 • East : 1287590.4648 Perimeter: 366.811 Area: 6,623 S.F. 0.15 acres* • Mapcheck Closure - (Uses listed Error Closure: 0.0005 Error North: 0.00042 Precision 1: 733,620.000 • • • Parcel name: LOT 3• North: 174695.0983 Line Course: N 89 -01 -29.0 W North: 174697.5663 Line Course: S 01 -06 -56.0 W North: 174647.5758 Line Course: S 89 -01 -29.0 E North: 174645.1078 Line Course: N 01 -06 -56.0 E North: 174695.0983 Perimeter: 390.001 Area: • Parcel name: LOT4 -R1• North: 174645.1076 Line Course: S 89 -01 -29.0 E North: 174643.7459 Line Course: N 01 -06 -56.0 E North: 174781.6488 Curve Length: 34.837 Delta: 5 -23 -40.4 Chord: 34.824 Course In: S 40 -22 -24.7 W RP North: 174499.7689 • • Mapcheck Closure - (Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 390,000,000.000 • • • • El W• • • courses, radii, and deltas)* Course: N 31 -59 -26.9 W. East : - 0.00026 • East : 1287734.4321 • Length: 145.000 • East : 1287589.4531 Length: 50.000 • East : 1287588.4797 Length: 145.000 • East : 1287733.4587 Length: 50.000 • East : 1287734.4321 7,250 S.F. 0.17 acres* • • • • courses, radii, and deltas). Course: S 90 -00 -00.0 E• East : 0.00000 • East : 1287733.4587 Length: 80.000 • East : 1287813.4471 Length: 137.929 • East : 1287816.1324 Radius: 370.000 • Tangent: 17.431 • Course: N 52 -19 -25.5 W. Course Out: N 34 -58 -44.3 Es East : 1287576.4583 • • • • • • • End North: 174802.9330 East : 1287788.5703 • Line Course: S 34 -26 -23.7 W Length: 81.235 • North: 174735.9369 East : 1287742.6285 • Curve Length: 26.173 Radius: 45.000 • Delta: 33 -19 -27.7 Tangent: 13.468 • Chord: 25.806 Course: S 17 -46 -39.9 W. Course In: S 55 -33 -36.3 E Course Out: N 88 -53 -04.0 W. RP North: 174710.4875 East : 1287779.7409 • End North: 174711.3636 East : 1287734.7494 • Line Course: S 01 -06 -56.0 W Length: 66.268 • North: 174645.1082 East : 1287733.4593 • • Perimeter: 426.441 Area: 10,345 S.F. 0.24 acres. • Mapcheck Closure - (Uses listed courses, radii, and deltas). Error Closure: 0.0008 Course: N 47 -21 -09.9 E. Error North: 0.00054 East : 0.00059 • Precision 1: 533,052.500 • By ., Lai. k ,; MIN Transnation Phil Kitzes 23035 SE 263rd St Maple Valley WA 98038 Dated: January 26, 2007 REFERENCE NO: /Tukwila6, LLC Order No.: 20209203 Liability: $10,000.00 Charge: $ 350.00 Tax: $ 30.80 Total: $ 380.80 THIRD 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 Tukwila6, LLC 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. Transnation Title Insurance Company Subdivision Guarantee GNT004 7hored SI n ture oa esv16.11 V &_g., 14450 N.E. 29 PI., #200 Bellevue, WA 98007 COMMUNITY Phone: 425 - 451 -7301 DEVELOPMENT 800- 441 -7701 Fax: 425 - 646 -0545 Page 1 of 4 1. Name of Assured: Tukwila6, LLC 2. Date of Guarantee: EXCEPTIONS: January 26, 2007 SCHEDULE A 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: Tukwila6, LLC, 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. Order No.: 20209203 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3597000087 YEAR BILLED PAID BALANCE 2006 $3,254.15 $1,627.08 $1,627.07 2007 $3,277.34 $0.00 $3,277.34 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $4,904.41. LEVY CODE: 2380 ASSESSED VALUE LAND: $91,000.00 ASSESSED VALUE IMPROVEMENTS: $177,000.00 3. RIGHT TO DAMAGE THE LAND BY CHANGING AND ESTABLISHING STREET GRADES, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565. Subdivision Guarantee Page 2 of 4 GNT004 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 4470513 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TUKWILA 6 LLC, A WASHINGTON CORPORATION TRUSTEE: TRANSNATION TITLE BENEFICIARY: BARNEY MORAN AND TERESA MORAN, HUSBAND AND WIFE ORIGINAL AMOUNT: $490,000.00 DATED: DECEMBER 14, 2005 RECORDED: DECEMBER 19, 2005 RECORDING NO.: 20051219002748 NOTE 2: NOTE 3: LOT 5, INTERURBAN ADDITION TO SEATTLE Order No20209203 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PACIFIC NORTHWEST BELL TELEPHONE COMPANY PURPOSE: TELEPHONE, TELEGRAPH OR OTHER SIGNAL OR COMMUNICATION CIRCUITS OR LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 4, 1986 RECORDING NO.: 8606040809 NOTE 1: THE LIABILITY AMOUNT WHICH APPEARS ON SCHEDULE A HEREIN IS A MINIMUM BECAUSE NO SPECIFIC LIABILITY AMOUNT WAS REQUESTED AT THE TIME THE TITLE ORDER WAS PLACED. PLEASE CONTACT YOUR TITLE OFFICER IF A GREATER LIABILITY IS REQUIRED FOR WHICH AN ADDITIONAL FEE MAY BE CHARGED. BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A SINGLE FAMILY RESIDENCE KNOWN AS: 14759 62ND AVE S TUKWILA, WA 98168 THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. Subdivision Guarantee Page 3 of 4 GNT004 NOTE 4: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. J ES /rlr /kcl /kcl IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: TRANSNATION TITLE INSURANCE COMPANY 1501 - 4TH AVENUE, SUITE 308 SEATTLE, WA 98101 ATTN: RECORDING DEPT. Enclosures: Sketch Vesting Deed Paragraphs ALL RECORDED ENCUMBRANCES Order No20209203 Subdivision Guarantee Page 4 of 4 G NT004 7 EXHIBIT "A" THAT PORTION OF TRACT 5 IN INTERURBAN ADDITION TO SEATTLE, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH RIGHT -OF -WAY WITH THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID ADJUDICATED LINE BEING FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 °29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 °48'20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID ADJUDICATED LINE; THENCE SOUTH 01 °29'40" WEST 150 FEET; THENCE SOUTH 88 °48'20" EAST 225 FEET; THENCE NORTH 01 °29'40" WEST 170 FEET TO SAID ADJUDICATED LINE; THENCE WEST, ALONG SAID ADJUDICATED LINE, 425 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF AS CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Order No.: 20209203 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE S. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for lose or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no (lability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or In Part 2 of this Guarantee, or tide to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or Improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in Bald description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to In Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used In the Guarantee mean: (a) the 'Assured': the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company. (b) 'land': the land described or referred to In Schedule (A), (C) or In Pari 2, and Improvements affixed thereto which by law constitute real property. The term 'land' does not include any property beyond the lines of the area described or referred to In Schedule (A), (C) or In Part 2. nor any right, title, Interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) 'mortgage': mortgage, deed of trust, trust deed. or other security Instrument. (d) 'public records': records established under state statutes al Date of Guarantee for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) 'date': the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to Institute and prosecute any action or proceeding, Interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under thls paragraph, it shall do so diligently. (b) 11 the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured tor this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 01 these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and swom to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce tor examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, it requested by any authorized representative of the Company, the Assured shall grant Rs permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonabty pertain to the Toss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it Is necessary in the administration of the claim. Failure of the Assured to submit tor examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle palms: Termination of liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is Issued for the benefit of a holder of a mortgage or a Iienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such Indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee tor the claimed toss or damage, other than to make the payment required In that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for In Paragraph (b) the Companys obligation to the Assured under this Guarantee for the claimed toss or damage, other than to make the payment required in that paragraph shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The (lability of the Company under this Guarantee to the Assured shall not exceed the least of: the amount of liability stated in Schedule A or in Part 2; the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or Interest covered hereby as stated herein and the value of the estate or Interest subject to any defect, lien or encumbrance assured against by this Guarantee. 6. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent mariner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable tor any loss or damage caused thereby. (a) (b) 1 CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Uability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be fumished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation Involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 19. Liability Umited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company Is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261 -7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) November 1, 2006 City of Tukwila Department of Community Development Steve Lancaster, Director Phillip Kitzes 23035 SE 263 Street Maple Valley, WA 98038 RE: File #L06 -057 Kitzes/Tukwila 6 Short Plat Dear Mr. Kitzes: City staff have completed an initial review of your application for a four lot short plat located at 14759 62" Avenue, Tukwila, WA, and have provided comments. Please address the following comments and provide additional information as requested: Steven M. Mullet, Mayor Public Works 1. Provide a draft copy of Tract `A' - Ingress, Egress and Utilities Easement and Maintenance Agreement for review by Public Works. This shall be a separate document from the Final Short Plat map. This document shall be recorded prior to recording of the Final Short Plat Map, and the recording number be shown on the short plat map. (2) The Private Ingress/Egress & Utility Easement should include language stating who will maintain the paved area and utilities, and by what portion. (See sample enclosed.) 2. Provide a draft copy of Private Ingress, Egress and Utilities Easement and Maintenance Agreement (across adjacent property to the North — parcel no. 359700- 0060) for review by Public Works. This shall be a separate document from the Final Short Plat map. This document shall be recorded prior to recording of the Final Short Plat Map, and the recording number be shown on the short plat map. (2) The Private Ingress/Egress & Utility Easement should include language stating who will maintain the paved area and utilities, and by what portion. (See sample enclosed.) 3. Provide a draft copy of the Private Sanitary Sewer Easement (along the West 10 feet of proposed Lots 1 & 2.) 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. (See sample enclosed.) 4. Provide a draft copy of the Private Sanitary Sewer Easement (within a portion of the Northeast corner of proposed Lot 1.) This document shall be recorded prior to AC 6300 Southc@n eta gulUe-o104-05711 rrrWitsdaington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 Planning recording of the Final Short Plat Map, and the recording number be shown on the short plat map. (See sample enclosed.) 5. Provide a draft copy of a Private Waterline Easement (within a portion of the Northeast comer of proposed Lot 1), if waterline line(s) for proposed Lots 2 & 3 cross over a portion of proposed Lot 1 as shown on the Civil plan sheet. 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. (See sample enclosed.) 6. The proposed 8 -inch waterline shall be extended to the right -of -way of 62 " Ave. South. A portion of this public water line will be within parcel no. 359700 -0060 (adjacent to and Northeast of proposed Lot 1). The 20' Private Road Easement at the Southeast corner of parcel no. 359700 -0060, needs to include a public water line. Short Plat Survey Site Plan See redlined sheet 1 of 2 (Enclosed) Parcel #359700 -0082 (adjacent to and East of proposed Lot 4) shows that access is being removed. While it is not part of the current short plat application, this lot will not be buildable unless access is provided and an easement is furnished for ingress, egress, and utilities. Please show how future access will be provided, and provide an easement for ingress, egress and utilities. Miscellaneous Comments: 1. Storm drainage for roof drains and paved areas shall be infiltrated and/or dispersed on- site, or detention provided. 2. Show and label all sawcut areas within 59 Ave. South and 62 Ave. South on the Civil plan sheet(s), as applicable. 3. As -Built of SSMH within 59 Ave. South — enclosed for your information. 4. The applicant shall apply for Public Works and Building permit approval(s). 5. An infrastructure design and construction standard manual, is available at the Public Works Department or on the City of Tukwila web -site. 6. All utilities including power are required to be underground, per City of Tukwila ordinance. Rf 2 11/01/06 Q:1Kitzes- Tukwila6 shrt plt L06- 05711,06- 057Kitzestl 1 comments.doc 7. Street Use as part of the Building Permit, requires a Bond and Insurance for work within City right -of -way. 8. Pavement mitigation fee may apply to this permit, if street pavement is open cut. See Pavement Mitigation Bulletin no. A3 — enclosed. Prior to Final Short Plat, the following comments will need to be addressed for Public Works: 1. Any new sanitary sewer manhole within 59 Ave. South shall be turned over to the City, after final acceptance by Public Works. A portion of the new side sewer shall be 8 -inch and connect to a new Private manhole located on private property. (See redlined Civil plan sheet — enclosed.) 2. The new 8 -inch water line with new Fire Hydrant, shall be public and be turned over to the City. Please contact me at 206 -431 -3683 or via e -mail at rfox@ci.tukwila.wa.us if you have questions or concerns about these comments.. Sincerely, Rebecca Fox Senior Planner c.c. Dave McPherson Don Tomaso Rf 3 11/01/06 Q: \Kitzes- Tukwila6 shrt plt L06- 057 \L06- 057Kitzes# 1 comments.doc Approx. Remaining Years Pavement Mitigation Fee 0 -1 $0.00 1 -2 (10 %) $1.00 2 -5 (25 %) $2.50 5 -7 (33 %) $3.30 7 -10 (50 %) $5.00 10-15 (75 %) $7.50 15 -20 (100 %) $10.00 PUBLIC WORKS BULLETIN A3 PAVEMENT MITIGATION AND TRANSPORTATION IMPACT FEES CITY OF TUKWILA Public Works Department 206 -433 -0179 This Bulletin summarizes pavement mitigation fees and transportation impact fees applicable to private development projects within the city. PAVEMENT MITIGATION FEE The City does not allow pavement cuts in pavement that is three years old or newer (TMC 11.04 Recently Improved Street), except by written approval from the Public Works Director. Public Works charges a pavement mitigation fee whenever pavement in the right -of -way is disturbed. The pavement mitigation fee compensates the City for reduced life span due to disturbance of roadway surfaces. The fee is based on the total square footage of impacted pavement and on the remaining life of the existing pavement. The mitigation fee, based on cut limits shown on the permit plan set, is paid when the permit is issued. To estimate the cut area, add two feet to all sides of the expected cut limits before calculating the area. This fee may be adjusted, based on the Inspector's measurement of the actual cut limits. Use the following table to estimate the pavement mitigation fee. Approved 12.31.2005 TRANSPORTATION IMPACT FEE Consistent with the Comprehensive Plan, the Six-year Transportation Plan and the Capital Improvement Plan, the transportation impact fee helps ensure that new development bears its proportionate fair share of transportation facilities necessitated by the new development. The fee applies to any construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit and generates any new PM peak hour trips . The transportation impact fee is charged to each development according to an impact fee schedule based on defined zones. The fees are assessed as part of the building permit and are due and payable when the permit is issued. (TMC 9.48 and Ordinance 2111) This Bulletin should not be used as a substitute for codes and regulations. Your project will be reviewed for specific compliance to codes and regulations. 1 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip > $1,424.71 $1,345.46 $1,071.731 $807.07 Residential Single Family dwelling $1,361.18 $1,285.46 $1,023.94 $771.08 Multi Family dwelling $826.33 $780.37 $621.60 $468.10 Retirement Community dwelling $291.10 $274.91 $218.98 $164.90 Nursing Home /Convalescent Center bed $215.63 $203.64 $162.21 $122.15 Assisted Living dwelling $183.29 $173.09 $137.88 $103.83 Commercial - Services Drive -in Bank sq ft/GFA $18.98 $17.92 $14.28 $10.75 Walk -in Bank sq ft/GFA $15.32 $14.47 $11.52 $8.68 Day Care Center sq ft/GFA $7.62 $7.20 $5.74 $4.32 Library sq ft/GFA $3.48 $3.29 $2.62 $1.97 Post Office sq ft/GFA $5.30 $5.00 $3.98 $3.00 Hotel /Motel room $908.73 $858.19 $683.59 $514.78 Service Station VFP $3,812.37 $3,600.31 $2,867.84 $2,159.64 Service Station /Minimart VFP $2,627.55 $2,481.40 $1,976.56 $1,488.46 Service Station /Minimart/Car Wash VFP $3,885.36 $3,669.24 $2,922.74 $2,200.99 Carwash (Self -Serve) Stall $2,318.66 $2,189.69 $1,744.20 $1,313.48 Movie Theater screen $33,521.56 $31,656.97 $25,216.45 $18,989.37 Health Club sq ft/GFA $3.85 $3.64 $2.90 $2.18 Racquet Club sq ft/GFA $1.64 $1.54 $1.23 $0.93 Marina Berth $202.92 $191.64 $152.65 $114.95 Commercial - Institutional Elementary School /Jr. High School student $160.18 $151.27 $120.50 $90.74 High School student $107.82 $101.82 $81.10 $61.08 University/College student $219.48 $207.27 $165.10 $124.33 Church sq ft/GFA $0.94 r $0.89 $0.71 $0.53 Hospital sq ft/GFA $1.42 $1.34 $1.07 $0.80 Commercial - Restaurant Restaurant sq ft/GFA $7.84 $7.41 $5.90 $4.44 Fast Food Restaurant w/o drive thru sq ft/GFA $10.07 $9.51 $7.57 $5.70 Fast Food Restaurant w drive /thru sq ft/GFA $12.89 $12.17 $9.70 $7.30 Industrial Light Industry/High Technology sq ft/GFA $1.92 $1.82 $1.45 $1.09 Industrial Park sq ft/GFA $1.81 $1.71 $1.36 $1.02 Warehousing /Storage sq ft/GFA $1.00 $0.95 $0.75 $0.57 Impact Fee Schedule 2006 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) 0 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip > $1,424.71] $1,345.46 $1,071.73 $807.07 Commercial - Retail Shopping Center up to 9,999 sq ft sq ft/GLA $3.43 $3.24 $2.58 $1.94 10,000 sq ft- 49,999 sq ft sq ft/GLA $3.01 $2.84 $2.26 $1.70 50,000 sq ft- 99,999 sq ft sq ft/GLA $2.20 $2.08 $1.65 $1.25 100,000 sq ft- 199,999 sq ft sq ft/GLA $2.15 $2.03 $1.62 $1.22 200,000 sq ft- 299,999 sq ft sq ft/GLA $1.96 $1.85 $1.47 $1.11 300,000 sq ft- 399,999 sq ft sq ft/GLA $2.32 $2.19 $1.75 $1.31 over 400,000 sq ft sq ft/GLA $2.61 $2.47 $1.97 $1.48 Miscellaneous Retail Sales sq ft/GFA $1.19 $1.12 $0.89 $0.67 Supermarket sq ft/GFA $6.98 $6.59 $5.25 $3.95 Convenience Market sq ft/GFA $12.10 $11.43 $9.10 $6.86 Nursery/Garden Center sq ft/GFA $1.74 $1.64 $1.31 $0.99 Fumiture Store sq ft/GFA $0.18 $0.17 $0.13 $0.10 Car Sales - New /Used sq ft/GFA $3.97 $3.75 $2.98 $2.25 Auto Care Center sq ft/GLA $1.55 $1.46 $1.17 $0.88 Quick Lubrication Vehicle Shop Service Bay $1,358.94 $1,283.35 $1,022.26 $769.82 Auto Parts Sales sq ft/GFA $2.74 $2.59 $2.06 $1.55 Pharmacy(with Drive Through) sq ft/GFA $3.40 $3.21 $2.56 $1.93 Free Standing Discount Store sq ft/GFA $2.40 $2.27 $1.81 $1.36 Hardware /Paint Store sq ft/GFA $2.03 $1.91 $1.52 $1.15 Discount Club sq ft/GFA $4.10 $3.87 $3.08 $2.32 Video Rental sq ft/GFA $3.06 $2.89 $2.30 $1.74 Home Improvement Superstore sq ft/GFA $1.62 $1.53 $1.22 $0.92 Tire Store Service Bay $1,590.01 $1,501.57 $1,196.08 $900.72 Electronics Superstore sq ft/GFA $2.55 $2.41 $1.92 $1.44 Commercial - Office Administrative Office up to 9,999 sq ft sq ft/GFA $6.65 $6.28 $5.00 $3.76 10,000 sq ft- 49,999 sq ft sq ft/GFA $6.65 $6.28 $5.00 $3.76 50,000 sq ft- 99,999 sq ft sq ft/GFA $3.85 $3.64 $2.90 $2.18 100,000 sq ft- 199,999 sq ft sq ft/GFA $2.92 $2.75 $2.19 $1.65 200,000 sq ft- 299,999 sq ft sq ft/GFA $2.55 $2.40 $1.91 $1.44 over 300,000 sq ft sq ft/GFA $2.39 $2.25 $1.79 $1.35 Medical Office /Clinic sq ft/GFA $5.66 $5.34 $4.25 $3.20 Impact Fee Schedule 2006 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Project: K r f zes /TD g w t l A. S 11 a ri P 6 f Address: Iit1 - 1 62' /1-1/ s• Date transmitted: Q910 i 0 b Response requested by: q 1 10(0 Staff y � coordinator: Re-6 e c-cdL_ FO x Date response received: City of Tukwila Department of Community Development TO: — Building = -, Planning Public Works Fire Dept. File Number I_ 060 -Os LAND USE PERMIT ROUTING FORM 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. Plan check date: COMMENTS (Attach additional comment sheets and/or support materials as needed.) Comments prepared by: IT Jpdate date: 0,. City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Phillip Kitzes 23035 SE 263 Street Maple Valley, WA 98038 August 16, 2006 RE: File #L06 -057 Kitzes/Tukwila 6 Short Plat Dear Mr. Kitzes: Your application for a four lot short plat located at 14759 62 " Avenue S., Tukwila, WA has been found to be complete on August 16, 2006 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the City of Tukwila's ability to require that you submit additional plans or information, if we believe that such information is necessary to ensure the project meets the City of Tukwila's substantive requirements or to complete the review process. This notice of complete application applies only to the permit identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. I will be coordinating a comment letter with other City Departments, and will notify you once staff has reviewed this project. If you wish to contact me sooner, you may reach me by phone at (206) 431 -3683 or via e-mail at rfox@ci.tukwila.wa.us Sincerely, A leC 7'?* Rebecca Fox Senior Planner Rf Q: \Kitzes- Tukwila6 shit plt L06- 057 \Completeapp.doc 1 08/16/2006 6300 Southcenter Boulevard. Suite #100 • Tukwila. Washinzton 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 Parcel name: LOT 1 LOT CHECKS 2006- 8- 10.txt North: 174781.8262 East : 1287726.8429 Line Course: N 34 -29 -51.5 E Length: 40.080 North: 174814.8581 East : 1287749.5431 Line Course: N 89 -01 -29.0 W Length: 357.777 North: 174820.9478 East : 1287391.8179 Line Course: S 01 -06 -56.0 W Length: 20.000 North: 174800.9516 East : 1287391.4286 Line Course: S 89 -01 -29.0 E Length: 200.000 North: 174797.5474 East : 1287591.3996 Line Course: S 01 -06 -56.0 W Length: 48.000 North: 174749.5565 East : 1287590.4651 Line Course: S 89 -01 -29.0 E Length: 125.011 North: 174747.4287 East : 1287715.4580 Curve Length: 36.719 Radius: 65.000 Delta: 32 -22 -00.3 Tangent: 18.864 Chord: 36.233 Course: N 18 -18 -51.4 E Course In: S 87 -52 -08.8 E Course out: N 55 -30 -08.5 W RP North: 174745.0118 East : 1287780.4130 End North: 174781.8260 East : 1287726.8433 Perimeter: 827.586 Area: 13,350 S.F. 0.31 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0004 Course: S 69 -11 -53.4 E Error North: - 0.00015 East : 0.00040 Precision 1: 2,068,967.500 Parcel name: LOT 2 North: 174746.2775 East : 1287715.4249 Curve Length: 1.152 Radius: 65.000 Delta: 1 -00 -55.2 Tangent: 0.576 Chord: 1.152 Course: N 01 -37 -23.6 E Course In: S 88 -53 -04.0 E Course Out: N 87 -52 -08.8 W RP North: 174745.0120 East : 1287780.4126 End North: 174747.4288 East : 1287715.4576 Line Course: N 89 -01 -29.0 W Length: 125.011 North: 174749.5567 East : 1287590.4647 Line Course: S 01 -06 -56.0 W Length: 52.000 North: 174697.5665 East : 1287589.4523 Line Course: S 89 -01 -29.0 E Length: 125.000 North: 174695.4389 East : 1287714.4342 Line Course: N 01 -06 -56.0 E Length: 50.848 North: 174746.2773 East : 1287715.4241 Perimeter: 354.011 Area: 6,500 S.F. 0.15 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0008 Course: 5 75 -05 -33.4 W Error North: - 0.00021 East : - 0.00080 Precision 1: 442,513.750 Page 1 0 RECEIVED AUG - -11 2006 COMMUNITY DEVELOPMENT Parcel name: LOT 3 North: 174695.0983 Line Course: N 89 -01 -29.0 W North: 174697.5663 Line Course: S 01 -06 -56.0 w North: 174647.5758 Line Course: 5 89 -01 -29.0 E North: 174645.1078 Line Course: N 01 -06 -56.0 E North: 174695.0983 Parcel name: LOT 4 Parcel name: OVERALL North: 174781.6485 Curve Length: 55.866 Delta: 8 -39 -04.0 Chord: 55.813 LOT CHECKS 2006- 8- 10.txt East : 1287734.4321 Length: 145.000 East : 1287589.4531 Length: 50.000 East : 1287588.4797 Length: 145.000 East : 1287733.4587 Length: 50.000 East : 1287734.4321 Perimeter: 390.001 Area: 7,250 S.F. 0.17 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90 -00 -00.0 E Error North: 0.00000 East : 0.00000 Precision 1: 390,000,000.000 North: 174781.6485 East : 1287816.1320 Curve Length: 53.759 Radius: 370.000 Delta: 8 -19 -29.4 Tangent: 26.927 Chord: 53.712 Course: N 53 -47 -20.0 w Course In: 5 40 -22 -24.7 W Course Out: N 32 -02 -55.3 E RP North: 174499.7686 East : 1287576.4578 End North: 174813.3796 East : 1287772.7946 Line Course: S 34 -29 -51.5 W Length: 52.030 North: 174770.4991 East : 1287743.3262 Curve Length: 26.218 Radius: 45.000 Delta: 33 -22 -55.5 Tangent: 13.493 Chord: 25.849 Course: S 17 -48 -23.8 w Course In: S 55 -30 -08.5 E Course Out: N 88 -53 -04.0 W RP North: 174745.0124 East : 1287780.4129 End North: 174745.8885 East : 1287735.4215 Line Course: S 01 -06 -56.0 W Length: 100.800 North: 174645.1076 East : 1287733.4590 Line Course: S 89 -01 -29.0 E Length: 80.000 North: 174643.7459 East : 1287813.4474 Line Course: N 01 -06 -56.0 E Length: 137.929 North: 174781.6487 East : 1287816.1327 Perimeter: 450.736 Area: 11,865 S.F. 0.27 acres Mapcheck closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0008 Course: N 72 -32 -28.9 E Error North: 0.00024 East : 0.00076 Precision 1: 563,420.000 East : 1287816.1320 Radius: 370.000 Tangent: 27.986 Course: N 53 -57 -07.3 w Page 2 LOT CHECKS 2006- 8- 10.txt Course In: S 40 -22 -24.7 W Course Out: N 31 -43 -20.7 E RP North: 174499.7686 East : 1287576.4578 End North: 174814.4926 East : 1287771.0055 Line Course: N 89 -01 -29.0 W Length: 379.242 North: 174820.9477 East : 1287391.8184 Line Course: S 01 -06 -56.0 W Length: 20.000 North: 174800.9515 East : 1287391.4291 Line Course: S 89 -01 -29.0 E Length: 200.000 North: 174797.5473 East : 1287591.4001 Line Course: S 01 -06 -56.0 W Length: 150.000 North: 174647.5757 East : 1287588.4798 Line Course: S 89 -01 -29.0 E Length: 225.000 North: 174643.7460 East : 1287813.4472 Line Course: N 01 -06 -56.0 E Length: 137.929 North: 174781.6488 East : 1287816.1325 Perimeter: 1168.038 Area: 41,555 S.F. 0.95 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: N 57 -39 -33.8 E Error North: 0.00031 East : 0.00049 Precision 1: 1,946,728.333 Parcel name: TRACT A North: 174770.4987 East : 1287743.3259 Line Course: N 34 -29 -51.5 E Length: 52.030 North: 174813.3792 East : 1287772.7942 Curve Length: 2.107 Radius: 370.000 Delta: 0 -19 -34.6 Tangent: 1.054 Chord: 2.107 Course: N 58 -06 -52.0 W Course In: 5 32 -02 -55.3 W Course Out: N 31 -43 -20.7 E RP North: 174499.7682 East : 1287576.4575 End North: 174814.4922 East : 1287771.0052 Line Course: N 89 -01 -29.0 W Length: 21.466 North: 174814.8576 East : 1287749.5423 Line Course: 5 34 -29 -51.5 W Length: 40.080 North: 174781.8257 East : 1287726.8421 Curve Length: 37.871 Radius: 65.000 Delta: 33 -22 -55.5 Tangent: 19.490 Chord: 37.337 Course: S 17 -48 -23.8 w Course In: S 55 -30 -08.5 E Course Out: N 88 -53 -04.0 w RP North: 174745.0115 East : 1287780.4118 End North: 174746.2770 East : 1287715.4241 Line Course: 5 01 -06 -56.0 W Length: 50.848 North: 174695.4386 East : 1287714.4342 Line Course: S 89 -01 -29.0 E Length: 20.000 North: 174695.0982 East : 1287734.4313 Line Course: N 01 -06 -56.0 E Length: 50.799 North: 174745.8875 East : 1287735.4203 Curve Length: 26.218 Radius: 45.000 Delta: 33 -22 -55.5 Tangent: 13.493 Chord: 25.849 Course: N 17 -48 -23.8 E course In: 5 88 -53 -04.0 E Course Out: N 55 -30 -08.5 W RP North: 174745.0114 East : 1287780.4117 End North: 174770.4982 East : 1287743.3250 Perimeter: 301.420 Area: 2,590 S.F. 0.06 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Page 3 Error Closure: 0.0010 Error North: - 0.00055 Precision 1: 301,419.000 LOT CHECKS 2006- 8- 10.txt Course: 5 58 -12 -22.5 W East : - 0.00088 Page 4 1 / 1 GG. Phil Kitzes 23035 SE 263rd St Maple Valley WA 98038 REFERENCE NO: /Tukwila6, LLC Order No.: 20209203 Dated: July 7, 2006 Transnation Title Insurance Company By Subdivision Guarantee GNT004 r h- Authorized SIt nature Transnation GUARANTEES 14450 N.E. 29 PI., #200 Bellevue, WA 98007 Phone: 425 - 451 -7301 800 - 441 -7701 Fax: 425 - 646 -0545 Liability: $10,000.00 Charge: $ 350.00 Tax: $ 30.80 Total: $ 380.80 RECEIVED tAUG 11 2006 COMMUNI I Y DEVELOPMENT SECOND 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, Tukwila6, LLC 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. Page 1 of 5 1. Name of Assured: 2. Date of Guarantee: July 7, 2006 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. Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: Tukwila6, LLC SCHEDULE A b. Title to the estate or interest in the land is vested in: Tukwila6, LLC, a Washington limited liability company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Order No.: 20209203 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 3597000087 YEAR BILLED PAID BALANCE 2006 $3,254.15 $1,627.08 $1,627.07 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,627.07. LEVY CODE: 2380 ASSESSED VALUE LAND: $85,000 ASSESSED VALUE IMPROVEMENTS: $167,000 3. RIGHT TO DAMAGE THE LAND BY CHANGING AND ESTABLISHING STREET GRADES, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565. Subdivision Guarantee Page 2 of 5 GNT004 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 4470513 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: NOTE 2: NOTE 3: Order No20209203 GRANTEE: PACIFIC NORTHWEST BELL TELEPHONE COMPANY PURPOSE: TELEPHONE, TELEGRAPH OR OTHER SIGNAL OR COMMUNICATION CIRCUITS OR LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 4, 1986 RECORDING NO.: 8606040809 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TUKWILA 6 LLC, A WASHINGTON CORPORATION TRUSTEE: TRANSNATION TITLE BENEFICIARY: BARNEY MORAN AND TERESA MORAN, HUSBAND AND WIFE ORIGINAL AMOUNT: $490,000.00 DATED: DECEMBER 14, 2005 RECORDED: DECEMBER 19, 2005 RECORDING NO.: 20051219002748 NOTE 1: THE LIABILITY AMOUNT WHICH APPEARS ON SCHEDULE A HEREIN IS A MINIMUM BECAUSE NO SPECIFIC LIABILITY AMOUNT WAS REQUESTED AT THE TIME THE TITLE ORDER WAS PLACED. PLEASE CONTACT YOUR TITLE OFFICER IF A GREATER LIABILITY IS REQUIRED FOR WHICH AN ADDITIONAL FEE MAY BE CHARGED. BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A SINGLE FAMILY RESIDENCE KNOWN AS: 14759 62ND AVE S TUKWILA, WA 98168 THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT 5, INTERURBAN ADDITION TO SEATTLE Subdivision Guarantee Page 3 of 5 G NT004 NOTE 4: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. JES /rIr /kcl IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: TRANSNATION TITLE INSURANCE COMPANY 1501 - 4TH AVENUE, SUITE 308 SEATTLE, WA 98101 ATTN: RECORDING DEPT. Enclosures: Sketch Vesting Deed Paragraphs ALL RECORDED ENCUMBRANCES Order No20209203 Subdivision Guarantee Page 4 of 5 GNT004 EXHIBIT "A" THAT PORTION OF TRACT 5 IN INTERURBAN ADDITION TO SEATTLE, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE EAST LINE OF 59TH AVENUE SOUTH RIGHT -OF -WAY WITH THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID ADJUDICATED LINE BEING FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 01 °29'40" WEST 20 FEET, ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 °48'20" EAST 200 FEET, ON A LINE PARALLEL WITH SAID ADJUDICATED LINE; THENCE SOUTH 01 °29'40" WEST 150 FEET; THENCE SOUTH 88 °48'20" EAST 225 FEET; THENCE NORTH 01 °29'40" WEST 170 FEET TO SAID ADJUDICATED LINE; THENCE WEST, ALONG SAID ADJUDICATED LINE, 425 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF AS CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Order No.: 20209203 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. 20 2 N S 89 -01 -29 E QP O ►,a POR 0 POR .� 0160 o' POR 0148 20 � ! I POR 0147 ! 20 115.32 O° ! y2 � 11432 0082 95 CD m sg 2 14.8 TUSP 8418 -8S 8408140786 20869 SF 0081 3 S B -0 - 0 2 � LOT 3 p ... r 62 O F 0 4 S.C. # 129565 - - 425 5 22 0087 2 40980 SF 30000 SF 0083 0 6 0?922 SF n 0080 i - 11 ,69' . 'hpp 9240 S 0 ^p 0 0 0 00 h 9800 SF 0086 0 0 o 6 10800 S Mee O ° c�o0 10500 S 0088 S 88- 9980 S 0081 0 � 40. .3 -20 E 761108099p 9 ^ 9 TR41 20220 SF 0079 R - 8._148TH BT. • 'a 4 3 0 io 6 , 4.83 AC 1290 m N w SECTION: 23 TOWNSHIP: 23N RANGE: 04E 6 0 0 1 9 2 o . 13050 5 0102 0 TY -1 -6 0 � 0 3 VAC. ORO. Lot C 0 N 44; SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for Toss or damage by reason of the following: Defects, liens. encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such and abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terns when used in the Guarantee mean: (a) the "Assured ": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land ": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage ": mortgage, deed of trust, trust deed. or other security instrument. (d) "public records ": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date ": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion (c) (a) CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or atter Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed toss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Rs options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Llablllty. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261 -7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) 5669296 statutory warranty Deed THE GRANTOR byron soloda althea soloda, his rift for and joseph o'zey DOLLARS and +tier r,��d an ralt:a'ta•) ..�'•t••,r O in hand paid. nmreys and warrants In 'C_St li �, 0' c and PA:., e.. , � ' ./ , a .'r w i f r Ow following described real s,u1r, situated in Ihr l''nnnq 01 S:Ins, , Stair el 11'ahingtnn: That portion of Tract 5, Interurban Addition to Seattle, according to plat recce Acd in volume 10 oC plats, par 55, in Xing County, Hashini:ton, described as 1n :lrws: be.- at the Intersection of the cast linc of 59th Avenue South and tl:'. ad'orlic :;•d line between tracts 4 and 5 of said Addition. Said adjudicated line was lixn;l ar.n established by Kinr, County Superior Court pur suant to Cause No. 17 ^5r•5; thence: srutl. 1 °79'140" west 20 feet also, the east line cf said avenue; th.•nce south P11 ° '.i'2'" oa:.t a, ^n feet on a line parallel with said adjudicated line.'; thence south 1 °7V'' „” -•c t i50 feet thence south 03°40'72" c,),t 725 feet; thence north 1 o,•sl 1" t rent tc said adfudieated line; thence west aloe-, said ad'udicated line, r'" fret tc. •riat cf he);innin;. _ ts Paled 11,,, cu " Itaaii - \11. tit 11 N111 Xl;IllN I minty nI Statutory Warranty Deed ALES TAX i =. '1 T 1'40V223 r . wAV tt)�j,�r1,�1�o.19UKER a1'!: If et dap "1 r - Porn 3.50 gt al 1 Mt ihi' dal prn"n:dly 314W:11rd br :n,r n t to nv known In :•r "Ih•-mdir :{bigi• drrnl,,l in and One termed ih,• within end 1..tegning !nstnunrnt •md at kn"nl'dcrd that - • . ' ;t'' a,,QUnI the cants• :u ; it tree and reluntatl- art and decd. Int the u•rs and 0111111.09 . lht•rt•iu mt,Nanctl /, lit \'F:V up,�•r fiy 'liana anti ial seal lh•n /_ day nl,� „ , ± Nano, I'wldir nG R /nr A” e Stai 11 ciknarnn, n. diva r -t LC :e AFTER RECORDING MAIL TO: Mr. Phil Kitzes, Managing Member 19541 183rd Way SE Renton, WA 98058 COD `ck Statutory Warranty Deed : Barney Moran and.Teresa Moran Grantee: Tukwila 6 LLC PORTIONS OF LOT 5, INTERURBAN ADDITION TO SEATTLE. Additional legal(s) on page: 2 Assessor's Tax Parcel Number(s): 359700 -0082, 359700 -0087 THE Barney Moran and Teresa Moran, husband and wife for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to Tukwila 6 LLC, a Washington Corporation the following described real estate, situated in the County of King, State of Washington SEE ATTACHED EXHIBIT "A" HERETO FOR LEGAL DESCRIPTION SUBJECT TO ANY EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS OR CONDITIONS OF RECORD. Dated December 14, 2005 STATE OF Washington COUNTY OF King Ili — 019002747 20512 33.S$ TR GNS NA ioON TI YD PASSIM vFF 00 KING COUNTYS } ) SS: Barney Moran Tc sa Moran FiLED FOR RECORD AT THE REQUEST OF E2176634 1 2/19/20115 15 KING COUN 727.00 SALE $490,000.00 A \33 I certify that I know or have satisfactory evidence that Barney Moran and Teresa Moran are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledge it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated: December 13' 2005 L 2 n, _ /t�,e / x r ,.. L. 64 Notary Public in and fore State of Washington Residing at -tee �.. p //,, My appointment expires: 0' r 11.•2d= 0'7 PAGE001 OF 001 Page I of 2 LPB -10 20051 21 900274 7.001 PARCEL A: EXHIBIT A THAT PORTION OF TRACT 5, INTERUBAN ADDITION TO SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGGINNIN AT THE INTERSECTION OF THE EAST LINE OF 59 AVENUE SOUTH AND ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID ADJUDICATED LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO NO. 129565; THENCE SOUTH 01 *29'40" WEST, 20 FEET ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 88 *48'20" EAST, 200 FEET ON A LINE PARALLEL WITH SAID ADJUDICATED LINE; THENCE SOUTH 01 *29'40" WEST, 150 FEET;THENCE SOUTH 88 *48'20" EAST, 225 FEET; THENECE NORTH 01*29'40" WEST, 170 FEET TO SAID ADJUDICATED LINE;THEBCE WEST ALONG SAID ADJUDICATED LINE, 425 FEET TO POINT OF BEGGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE N0.7333565; THAT PORTIODL__OF TRACT 5, INTERUBAN ADDITION, •ACCORDING TO TILE PLAT THEREOF RECORDE IN VOLUME " I0 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGGINNING AT THE INETERSECTION OF THE EAST LINE OF 59"' AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 12956; THENCE EAST 425 FEET TO TILE POINT OF BEGGINNING; THENECE SOUTH 01 *29'40" EAST, 170 FEET; THENCE SOUTH 88 *48'20" EAST, 40.03 FEET; THENCE SOUTH 01 *11'40" WEST, 5 FEET; THENCE SOUTH 88 *48'20" EAST, 147.38 FEET TO TIIE EAST LINE OF SAID TRACT 5; THENCE NORTH TO TILE NORTHEAST CORNER OF LOT 5; THENCE WEST TO POINT OF BEGGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR CORT CAUSE NO.733565; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 20051219002747.002 L' ;:.:131 "f)1 ►?� i C F ?;a . _ '-'.7' . :C)]" ,i }:; • A rO IT IC 7:IP C .7 47Y I.. � • • - .. � . . . .., .., L V V VJ/ 1 1 / ¼ ) • . , i �1 a if ' 4i, •gaittst a►Yy party tr 1r,1A Dotsons and it is rJRRtikli Uttltklib;U. LnJUUY;BD Li1i 11P-CMCO that the shore mrsst 4 teudante shall have platy (6o) days from the date of the entry of this decree in vhioh to remove said fence, and that the judgement is favor of the above =mod d•'fendlante against the above named plaintiffs ... rev the aye of One Hundred acd hour (g1U4.o0) dollars be, and the same is hereby, adjudged and decreed to be a lien against said Trent Zip. 4 o said zaterYarbab Addition. F DOldti :a OPEN COURT this ( J" day of *ati>Y.y, 1919. r. 0 /IJ , t o i m g r• n s t u s r t. .• � . , • v L V V V J/ I I/ V IE TEE PUPERYOR COURT OP THE STI.TE OF RA3HINcITON FOR KIAQ 00UMIT ENT NO. !�t 12 7 Y ORANDIAI . I2 . "The Interurban Addition' embraces the Qiliiem Claim and eertain lots to the west thereof in t$e eauthe et'. of section », exempting an irregular treat in t:he southeeS. or the Gilliam nonation claim. The north Doundlfl of thts. ge.. the .houndary between the Oillimm Donation Clai*Itind the I t _�_ `. tion nets te the north while its western bout4arr le the' south *enter line running through Eeetion 2g. ' Illhrollarinse steles! of smrveyed this property fOr the piarPose.of plat, I have been shovn his original field notes; tbeee 41 shf4 that during him preliminary survey he even etatei iaornorivor all %helots embraoed in the bend oil the rirer.:4 'eastern sae of the addition. The original akekch TromHwhi blue print for filing was made ie in evidenoe.Oki maiked:Ds Atxhibit'M. The btu. print traool therefrom, and aaknowildg• owitanos'agrisChatendantle Exhibit s. There ie also 1;1 Gerdhem.121 hts .survq, with great 4ettinitsi► tort*, latiOU1.and located certain roads in irregular At i�yi Oh, being. khakis County Woad and creases t a .euthwest .. ; the plat In , a aortaw.eterl, and southeasterly dlreatior. Y hormone? ranifsst I consider thin road one of the most impair ma mont. or landmarks tar arriving at a just oonoluelcfn in tats ply. 1 `1 i , 1/ I J J / 11 /V - I r v . ( 1 1 J I. 0/ 1 J Once. ai ne, i tp ] non tj nn 1 t hate been highly Improved and until re-- oe+ntly eona the main traveled highway from Seattle tp,. ie: south, eo that lte lnoetlon upon the ground oennpt be the eubjelet or dispute. It 1s shown to be sixty feet in width, but it:. r'unnw et •soh an angle wi th reference to the west boundary line of the Md tion that the dietanoe *long the boundary in °rooming the reietit • little short or seventy rest, as I will hereafter more pas►t2 zr state. Sowing mode the survey, Gardner's plats chow that.he tee his 10te with the north and south boundary lines parUlielihif.thel north and south boundary lines of the Addition; in other words ,l rmsa +r ,:.F lelin8 the voutb $ boundary of the a111iam Monition O1aim and.`the. ♦ " boundary line between the poster and Gilliam plaiss. Both hi original Dentril.d 64eto0 and his Diet, Defendant's Bzhibits * chair tlie. an sins; fo lnstanne, the angle torn ed by the inter o r the north beU dale with the west boundary, : being ten .;r corner of the tract, ie shown to be 89 de op arses end sd n�irisntejtE Abe e.ngle rafted by the intersection of the south bounda�►..i[i:�t west . boundary being the southwest earner or the tract, 111 Wwninaty,dagrosa and 86 minutes. Now, li.oardner, after mMii 31Rt, DioOisded to 1ooate eornere other than hose won hob* lohatad during his prelltdnary Oarrwys and set stake* at all)44,010 oerners .with the sxoeption of those on the wee* boem ,e o=' � the trsgt. The lots or Qardner's plat. on the west boundary oft p aaaa4 ... %lern, oassn;lgyeinig at the south are as follow.. 13 18, 11, . .e ;.;' ;i Ti 4, 'a 4211 44 stakes were set on the eastern end of • tram 4 1 -. lets... i , : Their are there today, and there is no dispute ae to thy: leas tied, end the plat shows the boundary Tines between the r keerea 1 Iota -tn this tlsi' running west from these last mentioned e With the north and south boundaries of the Addition. be pare11e1, Now the north boundary of Lot 13, the. southei'ni one or thin western tier of lots, is the north boundary or the exoqtedl -2- L V V V J/ I I/ V Y V. 1 1 t J treot heretofore mentioned Produeed, and ie shown to ititerseet .tae . western boundsrp in the road heretofore mentioned. Some f&grxree ' wzioh are so Me11 en pals as to be decipherable .Only by .tare end. of a glass show the distance along the west boundary across thus. . road to be as fellows: Proem the south bovlapy of the road•. to it. inte?eeotion with the north line of the Iot ].2.8 feet: from Thiu • point to the *enter of the road 22 feet; rroms the center of the M* to the north. boundary of the road 34.8 feet_ There are fi.gurss•Oideo to 'how that the distance Strom the point. in the, r met 402h, . • northeast Oorner of the lot, easterly along the north bounaa .oth* lot until it tnter'seots the north boundary of the road, is UQ'. This ■how, the particularity with wha.eh fQ.Oarliner was makirig..l s};;; survey and •form also that there is a slight gap between the.. in. sootion of the south line of the road and the Inarthei t riorileZ••:* the •lot. The gap, though small, appears quite. pialr►1y in . tb.C7' na1 skated from abloh the blueprint treeing wee made. , while. is stated Merely to show the definiteness and hoculsey of di Wow, after oardnsr eurveyea this interarhen aQ.diti#W before the plat was reworded, Brootvale Garden Treats, an fi lying in the west half of 8eotion 23, were surveyed and Plitt. • This plat vas put on record a few days before the Interurbean -Fl :r •� „ . mum tout on record. the eastern boundary of the Broot�le d , , or course, is .ths north and south oenter line of Beotion 25, a*4, ' eoiniident with. the west boundary of the interurban 4i,tior , : 14 quarter oorn.z •en the south eeotion line of 23 18 the initis t 'font: of both 'these s4dltions. The surveyors of the BP0otta,.le rarhOtir loseted • the corners along. this west boundary. :Theft somas se lees tad by-the surveyor., and as shown on the plat or W'ooti le 24+ ides, do not • oorreepond with the points of intes'seation' pct iiite' Interurban lots platted by Gardner, and henoe the eonfueSpa► Zt warns that the surveyors or the Breolcvale Traote in running•or 10oat- 1. 7/ r 4 M.� ..�„ ... ..v LVV V.i/ 1 /VIII'. IYV. / /`} r. IV/ I3 :ing it. eastern boundary, being the north and south center lino, did not ooineide with the line run by Gardner in iooating the Znter- turban ?rots. Gardner'a plat showed that he ran north no degrees, IS minutes west, while the surveyors of the Rrookvaie Plat, sole shown by Defendant's Pahlbit 8, prepared by ur.Parter, while stazting at the initial point, namely, the quarter corner, ran more norttwe e . terlr than the ha finer survey, diverging farther and tsrther as they ~tent northward. .The Rrookvrale ewnere .sought . tto eocterd the • cavity Rood heretofore 'mentioned as having been platted across the interur- ban ?mote, but either because of this divergence, or because et . a supposition that the northwest corner of Interurban let 1t0.13.-'tt etc rare mentioned was on the south margin of the .higftway, there let t disorepstay shown on the two plate in the distance between: the initial corner ind the road. Tor instance: the distance _ . strange ftz's* the initial point to the northwest comer of Lott. 33y ahieh. as. 'chase seen, le in the road, .le 1S00.18 feet.• 10:44.4e e +toting 14,4 test, the distance from this point and the .tong bond , tkt7t road, std.we have aardner's dietary. between the initial eoi�iir and th. sou th line of the road to be 1487.38, while the survey pi* the btroatvale put shows the diptanoe from the quarter oorneor'.tp . rte northeae*. eernear of greokyale Lot 34, whioh is on the mouth: tt:mtrdgtiy► of the reed, to be 1514 feet. . to 'othor words, drop bsxst ,�u�rmsyor� lopated the road ^13 ft. _iart;ier north than dad `4e.rila,er in '.n,terurben survey. . . taut 'ae a phy®lea1 fact there ie upon the around no ;jag in • the improved 'road and it jibea 11 the cci,mon bn; :wary and le ion'the arcund 28,88 ft. south cZ point e.s e1 wn cn ='rcckvsle ;lat. "fowever, there Rae no at recr t or l: u: on the part of the i'rookvt1e our.A.ynrs to have the z_tlat't ::cr of _:'rookvale 'tracts Ivt. a :1; tt: kve,, i' �,.❑ i a►.�t �. t: of {RBI 1 . •: ie • r4.;ook.Thie tre,Ot •O• ax4 .riot uni1'or= ..c. 0 a;.:�rY�. ',r . c ' •; ? A±? � • • i- , tb. - ..nt:o ' ;;dots &ci ' jaceut, be t3rookvale trao s(r .. • rban IJ.t .. •.The �tri.. in twit .aux. .rze"oa�� .ta t) irtorvi n -.A ***0.: xrb J V•111 e.1re ely . .f o u1t1,. n4. stack • o, a , ,a - ! 432e me.k Interurban 10ea. :a ,. :.?e 0a•ce .*mlitkin6 trio Iou'Cb . iia et :.• ;7 .f : . — .tin the oocoon bountir�►• X•4.ne•; :., a w,rter . corner or oominou �isr $0''>t11. of the point '.on ° " rt i : .pie' thes gvut hweet • oorz e r : Q • ; 4 •*e•it corner zy ottiicl`be appro tm .te !Y 40 v9 hmxd..'ueod ..tbe :.wox "a 44: ttilat�' eomra` 111:•1•gAt 1,t1e . may not. be:; .iee,th4.44 bo. �s..' ft.r iiotzt.h Qfl. 8 y W.de,rliltood tk*1gt.6 * `. ate' :S`tirx.'p+a; lim VF ... As . • 1! T J I. I I/ I J . • Lvvv L JI I VLINYLVLV LVV (JJ7 II7V •1110 1 /fi r. 1 1 e • )tenon the true boundry line between Pellagra* and. a • • . • , will be,streigit iine running from the corner oi the&r . cloundries, recognised and OprOved by both to bir theOrr east °oriel' of .411ixa;rt end the northeast corner Of Po • 44 . o. t wet* boundry 40613.4 feet north of the qu unities suoh poiAt *ball platoe said dispted boundry ; :rith nelehliltie Of aao.a.t.t.on or nearer than $00.02:100: : nertiOrelet: , 41Skizet, *blob ease the oorner shal be *elk ' s : 110* tr. t. 1 And irt view of e) faefi,;. -roapsymok ii." the,reon iAoo he elio 4.1. • Oed 110A the traot horein 144:14 r . d' lien on such tra ti11' $404 1404 it.214 AU, have xi' #18.11 his own 0000. • VV. I J I . L V V U 1 . . _ / 1 1 nV Ur1L VL11 /1 VLV 4 L V V U), Hence the true boundry line between Polmgren and S a will be„etl;a.ight line running frem the corner on their ealtt.;• oundriee, recognized and approved by both to be the correct emit oorner of Stuart' and the northeast corner of Polmgre } ': point On thi west boundry 4046.4 feet north of the quwxtS : unless euoh point Shall place said disputed bcundry out Qt.' with the northline of mau1& n or nearer than 50042 feet, noithweet Oorawr, in which case the corner pl sake the testa lure* parallel, And in. view of this faot t .'i r oven 'at MAs planed thereon in good faith, he should be. 'the im prot rantFili:Dlaeed upon the tract herein taken Two s! lO *aeem.,i.o d {1hpuld nave' a lien on such tract till *aid t1ts o f if;I0000 Per n,cre, and shall aloe bale the right to Zaeh site shall pap hie' ow I 12 • a cost.. - 71 4 I9U. 1 /`F) J/ I J van. J1. LVVV•m r;.,,n Yt 2 3 6 7 8 9 10 •11 t 12 f; 13 L 14 f1'L . .F 1.5 • 16 17 4 A IN THE SUPERIOR C': ^1 _;__ , ; Y�L :iC t;ASHIIGTON 5 IN '1'H): MATTER OF Tin: :1 "i• ;' •.i ON Ol PRE ) CITY op 'PUKW11.•A TO 1i.' , 1 1:1:: BY CONDE }.;;A -) TION CERTAIN PEAL riPov AND PROPERTY) RIGHTS WITHIN KIND CO I :t": , WASHINGTON, ) FOR STREET PURPOSES, ) : CITY of TUKWILA, Li1KL)1L•' n. CLU:,:t :1 WoO'1•AN, et al, the undersigned Judge of the THE CITY Ol `f'` , ;r , •i' i' rC :1LP., anc•j ?.'1: by ... .1 r/ ? 1; r Assistant c: 4 y Attorney, the I,espc .: _ ,10 $ PATRICIA J. Cl' ;;1"Y, ownor.r, of rh : cribed in Exhibit "A" attached hereto .A40 in this raClurght Lc be in n )• i. C01, in 016 Pea2• in person, :t;::: to 4nd trio additional SAVINQ$ 13A)1lt : and through DAVID 0. HIAML1N, their parties having hereby -tinulated and agreed that the and just compensation to be paid by the Petitioner and appropriating of the property and property rights d d5 'rTeke (which designation includes both "71 act. ; A " Cermbr14• E.fP1 IE D. Respondents. THIS yATTER, having come on :, ..e.gt above-antii :yE reference, wh).:-)'t ].tars.. . of Re;1L)f.lrt•1)1 t, is l :r:a raal p t a tto . if "i i .dt Res'( No8a111.7857 MORT.G attorney, 'and. Easement ") in Exhibit A and the injury if ahy caused', y sp� taking an r �.•. !f} g d t ppr.Cpra.itin�r c-�tusr-tl to the remdind r •. . said real estate from t tho 4 . FII)1Q .1s tC � �i`� ;�'�d' : @ :1 „l• _ itV. 1I `t`t 22 23 24 25 26 27 Five from L V V V J I .ORDERED, shall pay the sum of tion for the taking d rights described as caused by such takin of the aforesaid rea and appropriated, and "Take" in 1 I / V is the sum of Twelve Thousand Six Hundred Nineteen Dollars Twenty Cents ($12.C19.20) and that the fol1bwing Stipulated Judgment and Decree of Appropriation may be:entered, and th e Court being fully advised in the premisae,� , �5'. IS • ADJUDGED AND DECREED that the petie dr $12,619.20 as reasonable and just an appropriating of th Property: Exhibit A aAfl} a : fl g and appropriating 1 estate from 'which upon such payment C4U ei tb : o �rR the sane.. . a.1 bepc 0441 e such property and property rights; and • FURTHER ORDERED, ADJUDGED AND DE and property rights described as 'rake' i0 to a real estate tax lien of u Court .. ir `itgl e amount Six Dollars Forty Seven Cents ($26. and. is said be withheld by the Petitioner from ',re afgraai:c.s and shall be raid directly to the King Cou4y Tr ay to RCW 84.60 in satisfaction and discharge Of such.ki>t FURTHER ORDERED, ADJUDGED AND DECREED thy Hundred Dollars (5500.00) shall be withheld, byj the aforesaid sum of s12,619.20 and X11 be the Respondent NORTHWEST MORTGAGE such p ject to the simultaneous receipt from the aforesaid FE a Satisfaction of .' Judgment in the amount of hf and the Respondent. NORTHwEST MORTGAGE COMP+ shall 11 the Respondent YONKERS SAVINGS.DANK apply Four ltr3h ($400.00) of such payment to and in reductidn of . amount owing on the mortgage ` ( g given by the Rlspoxtda9li: shall apply the remaining one Hundred Dos1,,14040 11V. / T T 1 T/ 1 V C111. J I LVVV 3 .•.„... Al:D DECREED that the Parti a shall pay the bal,indo .,!'.-ts sum :of 5 the sum of : .::rt to the Resondee, paym,ant to be• F.uhjoc;: g.i.7%,:R4f:410us 6 7 said Respondents of :1 Satisfaction 8 the aforesaid payment; and 9 12 1 2 1 0 11 to the payment uf its coats and attorneys fees incurrev1 herein; and nu' VLRVIVLV LVU UJ7 IP of . judgMent *17 1 • ;I: ,1-:''' • I '' ...:.* .: FURTHER 'ORDERED, ADJUDGED AND:DECRiED01 . • .. :i ::iqJ..: - shall pay to the Respnndents O'ZEY pursuantrtpA0C ' sum not to exeeod Twr, Hundred Dollars ($200F..00) :ae repreeenta.0 I . . . : • ..7, actually incurred evaluation expenses of.thlt 0'2, and FURTHER ORDERED, shall make the aforesaid payments t n rom the Urbo Arterial Board for tne the necessary funds therefor and snag such payments prior thereto; and FURTHER ORDERED, ADJUDGED A dents O'ZEY nay at their option salvage residence and attached stor&qe sheds • lo d. cate on. the 1 protre . 0 :) . described as "Take" in Exhibit A, the value of such.l*prO • • having been included in that should the afOresaid improvements desctibed as "Take" aforesaid Notice shall be given dents O'ZEY, such improvements I I 7V ADJUDGED AND DEJ9tEtO*0.- when 'the 60iitiOher.:: • ! • .2;c: . • such p4trie .. not ibe obled to ND DEIREEIT:that aiicl!:ramove that the aforesaid readolnableind jUstl'e *nsatiOn to be paid for such taking and aOtopriatihg, p that such salvage and removal shall be acooMplished.rio la fifteen (15) days after the Petitioner shall-give the Re O a written notice requesting such s I ••• J. . sal rem+ on th5Cpro in Exhibit A fifteen (15) days - I by the Peti to the' shall become the pp6peity 1 ply. 1 I f (// I ) WIL IAM W. KATES Assistant City Attorney CITY OF TtJKWILA Approved and Accepted and Notice Presen .tion Waived: Approved and Accepted and ";oticc of Presentation Waived: T T MTTT Attorney for Respondent. NORTHWEST MORTGAGE COMPANY, and Additional Respondent, YONKERS SAVIN3S SANK Petitioner, •wt,_ -h rzy romove or demolish the same Convenience. DONE IN O='12. C(>VPT this ` j day en ed,h • v v L v V VI/ 1)/V, •!I� t, l w r'. T NO: .•pi t:393] • of 1 f- • f J n tc J ... t�: qJ:as. 'inlg tc, the ...Plat r O a e: !.r of I:�nc� •C[�Lti]'C washing 'in Volutn,'c:�:-T ?'f� Y, «. , cInscr'i bev ' a's`,fo1 'l3e0,nrt.i -ng at . of tJic in ;.: :y!' mill t)]e •�Zt3 4 gated `tie'•:a.• j' ?cj -� ci r ii O: aiiy tir1; � i cl = 3.a, !�: )�eiweeu'. •� � �` �•.E, s �, -�' ze c 1 11 e' f: ^ -; erio Cotiri� �t1'z 5 ii tva, f .Xorl ::s.: `:S ' ,n ,• -� ... 1 AZ tit 4d Ci1i },s Y t,}•: Th ence S out)r ' 1 J�lvpnu hcrtce b lI il'tl''°4fi °p. 044 R,j:l..m0Put:i1 :7, At; o h . 1 a. °'4Et.' Z' • 1•rr ,., 2 ,'L11Cnc e; 2 � Ct.�L' J CRt�c'. ' Ji'>; 1 e;.:"thcnc r ~ 1.::0: 4 '' ti4ct:1•ie:'''po� tit pf - 1442'11 .;T �"r `_.. T' :t2VE.: ' Wi IIitic.:.•uN R1GIIT Or h':Ay ACC. LU Si'rio,d . .?ni'r.t orl of,' ah a),ovc Cl .�cr 1 >cd iz :� ° 1 ,A rcc.] Ii ;r' t :' o j:� - ': a.1 ;1a1.' TIn0.' �ijlicrinI: tip .t >*.'' 1 !t f - °:•s.:.; he [o] :lcJl�i;'; s: , :> ;I:io;'r '• t ? .l('enc 1 1 c, '. : zcPs: � ^ °�'Q1iirlG�. 'lY'i� • '. Ai cc:br �:rg'.•to,:.::;f?�.1 ]'c.Okiti: : 'ri.:i:cr.,ic:. � 4 ]_ / ?r :r?9".gt' ; t- ...c.ci .i �G.,In Vol a 10 o «c:aS i:c: %h . 0 :ti i.n t• 6 ei•: . :•i r ' ), ICI J. -� i :1f 1 13 i) 3 11 t, 1:5 • t; y il lf.a'l�•.C�'f}I•aj' > n {- { � i' *I.ia'�j'!i ti'k I/ I J PARCEL No. 23 :33:16 .... (cw"4Ev) :-. PARCNLA: _., hat portiofi of Tract 5 of lnteurbit:a Ing to the Plat recorii<fd in Volume 10 of . of Ring County, Wanttincjton, described as folilows:' Deginning at the intervootion of the East1-. . . nd the adjudicatod line betwocn Tract.S.Aj..A., gi=4 ' sM. said adjudicated lino wou fixed and eStab#R, :,. perio:. Court pUr5:ua1t Lo Cause No 95G5'1 . . Thence South 1 1iest.20 feet along . avenue.; thonco South 80 20" -Ea st :Z60: upoicatna line; thence splaW South 08 East 225 feet;:therf:ce2NOrV4:C to skid adjudicated line; thences'serailoi:4% 125 'feet ‘t;.o the po;nt of 41ta ' • ,." IliAt....p0i.t;tion Of Tract 5 of Inteeurb4kWicig„ 'ii!!!perded in Volume 10 of Plats;'page desckibod as, follows: ,H at the intersection of te44 ancj the adjudicated line betWeorifTradO# .said adjudicated lino was fiked:txpd'4g* 1" w , y4r. ,, i71..,. , litipoijor c'ourt Cat.me No. 129565 ;thp.40 . 0W*... tAi 0f:•bovinnst 1 hen c 0 Sou th 1 ° 29'40" • Ea ilt: .:3 :1* . •ftki - f., . g: 0 4 :.11.,8 20"...Ea.it 40.03 feet; thence Southl°11.M.61:',Ale:e*.t4 4%;•:':'!':',..•thenee south 88D4812041 East 147.30 • feet to th4.ztaiittV.007- ...TraO.t..5; thenCe North to the Northortsi 'eorneit 4 • • • • . .. ... • .,.., • 'e t ;:W t- tho:POini. of beginning. . _ . $Stuato - TAkE IRACT A in the City of Tukwila, Counly•ef , . L' . ......That ' portion of t; )1 4...! A ) )0 V i:' C Z C r I bC.C1 ; laccels Ly ‘1,4't,..4 ................ . .. ...: '60 1...4elz in.' width, 30 roc t.• of whi.c11 ii O•iv...on an i .., , ...... . hd - parallel d Adj,..“.:.nt to Llie fo)lo wing aOsopl 1 :.....: - ft.j 430jiral.in-j at thp ini of S. 147th Stz.-0 t;,...4:1Ty.1 .4*. litsq es Claroncc, and 1 Avenue as ,:4346.4:1•..tit.V.., 410 Garden Tractn , lecording Lo pl.a.tH1.4ioreOrlim.. • i.. - , • ,..,?....:,1 .4.i 11. Of plcit.s, rnr:c 74 1/2, rocerd:: .ofl...14.,1....C.4.4-tip ..irftitOn, which L.: 5 . 0 ! ° I:_l '."!!.," I.:. • i', ft. fr4i.:-:..tho-:iAgisi' 'ci.f,':f:O.t. 4 of 1'11,7. ltlt.c.:• : 1 t..20:t zto....:ort.li ng - .1tii( . p1 4 ;it';:.:f..4 .• .,..i rs'..ir.l.ii tt rj t (Wt..: : . • Y:06.0.0 In volui...... 1, of , :c: 1.,%, ...,,,..;: 55, pfrj).74:40A4100 ?1 E., !IC. re, Ct; a poimi,'. oi:.*W.:■:;*,':74.* . roqill cvnI 1.,:..tr!: ?:. CP 1.:,, 200,f46:,,t*,,tii0W:.:. • : ;,. Lk. ,,t o f t.;,t j 0 uttc'ts. ocwtt -.1 1 S4 ', 0 . 0;,,. i: . • • .. .. ,„ .... ..• • • • • . • • . . • . . •••• • r). 144TO E.T. Tt.wt; R1CHT HAY • vI 1 ./ vilkerm NO. 23-13-16 t A. b06/5140" E., 1416.50 f L . to n point oL c . I . • . . -, Gr center beard S. 29'44'20" I- W. curve rcc to LoQ said cuivc Conc.Lvod Lo the S.W. 265, ft.; ; t i o , aoiri 1 " • 103.79 ft.. to the Intersection ofG2ntl Ave. S�1 ol • ke w 22°154 04. j�' Street in said plat of. The Interurban Additio , 'knom ag U .,, known an ;I.t c] Avenue ttnd established by Kin C e No X13 �111t2 F s rt r •. Cause . '7G2. SLOPE EASEMENT That portion .of Wtr;ipn of land 1 0 foot o in in 8 c' �L :,; � ,� fR IM rz'•.' of, nnc3 Northeasterly and Ens 1 ;"S: ' r, •t� ;' ; .,�.: l� c1 7'rcic•r " °f, . uts� w the above detc) i .IN' TIIT .SUPERIOR COURT f)F Tfl$ STATL * WAS.a3 1 • r y E : '�' E 1 2 c� q��.: OF' � UKWILA' OF THE PETITION :OFT T�(� I' O COUTPL•• }' R?'.' �PDI '��:XO}V C1 1' ?'CItZt4 'ItI =.At. F't;Ol'1':T{T'l � ^'••" J�I;C1Jt'ri ' 1'PHEN' Krr'tc: WA n RIi . 1 03 i O•j +1i�f °':::; "h l'p}y .; riu.:a }' Ptlit[�O,c,t.�7CUtrti t y WAf3HTtF47"pN�.:� CITY OF `J'fI8 . MATTER, having ;r 'th'e'::,u»'1.4ke .gnera JudS the ' •.. a of a above- 134t '�;`. i ;. CITY 'OF TUKWILII a s a p @ �tring.:'b�'::zrrLCl'�'xo . � ; Act ;.:c :c; • "'; orne , end . t . h , A boRD`J`I1Y E.. McCARTIfy . 11-411 6e':0 in 1:xhi.hi l: "A" at.tac iii" • .. r ` .ox4b*i W1LLch pdrac;.1 of rC�il��it:.. �. ;BAs t: eouqb .t, to ' b'p : in, part condenuied' m ± Sarin .ih' Peron , and the forogQiri' ; �.. :.. alat•0.i+ ,Angi .agreed that the Y4sonalg i 4 .:b* p ". :» .. t:hu Pot4lonox P Y : 01. . rcnin7,r y .l; { ghts :gnu �•on srt i ,'>adoj both °:r „ ' 'H ; ;: •�.`° th �n °ur ' ;' •:.:::;`..:c': }. ;. ::. Ot$Y6PkI ;ng".cyuraod tC) 'th0 4oma:i:21 i �x estate' .1 om'sWht.ch the $s �i1U t, .l�.r�sj�.•;, . I "VILl2' ti "'� �lN'.a * . •. Appropr.iation ray be entered, and the Court ibeiaq4it3l3t, viseci in the premises, NOW, THEREFORE',' IT IS • ORDERED, ADJUDGED AND D.ECREEp tha • " "P • �.� e pay the sum of $6, 460.00 as reasonab"ie:.. ] 5 the tak,inc and appropriating of the ro ei o ; y� and .�plYo described as " '' .',:. •:e(: Take" in l":x :IL:it A and the•:$n by such taking and a , , cauficd uforesai. j real e grate from which i:ho su[as:•s :'•;�•':::':. appropriated, acid upon such payment shai�,bPis such ptopetty and property rights; and. FURTHER ORDERED, ADJUDGED and property rights described as "T0.,e�� "iri`: to .the . real .etate tax lien of : King Count r Thiry".Three Do Seventy Seven .Cents .. ,($:, amc).unt . sh "all be withheld by the :Petiti:.6114t;', sum o" $6, 46 and shall be liaici d'ix ectiy ; 'rretIsUrQZ pursuant to ;tCw 84 .60 in aatief "act :j Ofsuvh41.enc M�td FURTHER ORDERED, ADJUDGED "AN0?4B shall pay he balance of the • nfQreea%d: "•s;um the :"sum'".of• Six • ; ^:;. Thousand Faux Kdrot2. ":.Trerity' ''Th"ree""Cents. "(.S6 426.23), dirocUy' o h . :!.. t � Ito*, and not to • the. Clerk of this Court: : s,uct tb "'the s',mul.taneous recei pt rrrim S'St.i et Judgment in the amoutiti qf ,n eat ; . 'and • FURTHER ORUERL;n, ADJ(TDGFD AND. DECD; h'r :ll.. priy: tro ths, Respr.ndint:i PUre.0 U t :. to: RCG t not .to tli Ceiod. 'Pwo Hun3r,c•' Pr l.lai:l. ($:'.00.00.).. A iliOuri'occ evaluation eXpens U '.C'i ORDERE1] : : I D?UDG1 O nv• I ITT IL/ I7 shall make the aforesaid pavrents when the Petitioner'reCeive4 from .the Urban Arterial Board for the Puri ose of such payment Lire necessary funds therefr:r end ,sha11 nott be •obliged to payments udlJK( t :: '1[1;7: r oTIP , chin , ��3 d I chin � day! of MaXCh ,• WILLIAM W. KAT S • Assistant City Attorney CITY or TUKW/ T.A Approved and Accepted and of Presentation waived: rilYzr;r:• • • . . rill 1 A5:...:;....: - .., (10:17,.el ( 1 ',. .:-.!.). r:•• • •1!)3 :. - .: r i' - ,:i • 0. ii; l4:0. lin:62-...'. cliKta. is • .. , • . . • •• . :.. • : 4 , -..... , ...-",---, k • . . ... . . :. :: 1*1 :i.h L-0.',.1.3.1u tnLQi of cOnd.Avu. 14kt:4.ft. in Liw'.111ot or 'fho Tnt-7:1:::.on Mditjon:.4 . . . . . . • .• . • • ••• • : ' • .414 • •••••s. "!•••'" :44°' '- t• 11 V. G- ( cCA.tt' tlitop Q : �.y1Sa'ir r,, i a Tl ;ui 1 73 j yr ''tgei g Lori, crd.s:44 ;� r;f: xiTlo L.a ,. QN ab}isftea'W. 4 t'j� ... •.' \Ii.;TI.1Gr1tov1>1•I4T y TU}Ct•1 t11 :i 11]:p;G !' OP1 RIGI1 ' Op _ WAYAC(1!I];SITX().1 . 2 l°41.1: .O rY � ' �,:.,;.::•.: r:.Lek' - ; c 'U 68 ' 18.7:2 , ;; .s:ci..iri.' urv i o.ric:i .1 • , ' iv. to a• poi .r, t 5 • ?. 9 r1 1 ' 2A'.' t7.: 00 4031c:417cct Lo l '..R.,0.:.... 0.'•x..1:',1,.., ...,j; ..LQ•','.R i test: ;.;A * .c'!! 1 "4{ }Ltlrj! f ItL ,i.l LL CS.c L1ir....1., 3 L k C . T t] l' (.: a t ca;:, i? -.:d' ...........:.,.. .. �1.'.. � r; ui� . isc:jc2t�L.{C� PAIWPI. NO. 23 -45 -1G _(MoCAR'ruy) - Contiauv ( "ther,,o,f' rccordcd in Volume 10 of f,l&.5" ;Gotiia Washington and S. J .49 th. Stt eet•�'r. :05;t- Ablishcd by King County :superior toll ' hcncc.:N. 5' 40" West: 59.26.4cot; 0:•: ubovC, desexjlicd Tract "A"A thetj 5 '•5•?$1 the 'true ioint of (beginning and•.! An� d rticL aI : center. `beai s S. 6 744'2(y' 't ;e:F., .ii ciYxve concavod to the N): 28':95.•.'tie;�:rt,.' i'n .Of 'S•. ' 14•9t:h St. ence :: ct38 Rost:, 71. ".::fe :4.1q. L ;':33ndt.t,') :1:n4...of ',the above clesaxiled'ar'tg; ligno* '&5' 40" (vest, 21.66 fqo niA Ap =rt iOa :_:of. :the above d • ;,. .,. escrzUe d ? - 4 ` {r : -s.>~� t 'i'n width ly ..soot ., YP t y. ahcT; Easterly .of "�?� s � at>? " �:�' ," arid•,:. + .,r {,, Q Net'tl i?;'rb:i?ci tract „ r ;4Ze .`uZrly, ii O61:: r` yy :.4rre�l:. 4 iith the 'above c1 s cr { '. .�. ro. 1 144 r. 17/ I D 8606040809 Job flc r y t R/W Refe •/..? ALL M BYTHESE P RESENT S t t , 4.y ;.4 . n . i t.' r r oa .7:::-. = M utual Ben efits , F and In cons ld (lon o1 th e und herelnafler referred t • a G ra n or(s)yhafeby grants a peipelusl easement t o . Pacific Northwest Bell Telephone Company a Washing Corporehon ' 11 s uccessors and igglgns hereinafter referred to a s Granted with t right, p rivileg e and authority to p la c e; c onstru c t , ' maintal(► Inspe�l; repair replace remove and keep obstacles clear iron Grantee's tacllltles consisting o GA/�YFLd C [ra}jiytas tJM A rlA. L�:Vdtl r • LJ .Witness: Foeltq APFROVED 04 .L S/ fatal 0. artm^.nl :Pacific Nodhs2st s I • Stale of County of On Ibis day personalty appeared before me elbrtil . O tdr� other appurtenencea es the Grantee m ay from lime to lime require over across, Oohing' under the hereinafter deacrlbed ropel)isltuatedin `King County;' state et Washington'. and Is described asfoiioris: ot 5 n ' Interurba addi ;L ion to Seattle beginning at Intersection of. East line of . 1590011W So :', and North qa i ne tract as established SC ;129565 .thence : South 20ft. thenc East' 200ft thence South 01" 29'40" West 150ft thence ' • 5 88 ° :East 225ft thence North 7'29'.40 ": West170ft- thence West 425ft to beginning:: less: street. All situated In N. E. 1/4 Sec. 231'wn 23 .;04 E.W.M. Said easement being a`strip of land .lft in width of the cofrmunication.lines . across: :the, above`describedproperty. GA�A, AC (t 7 0 L a st/. .4.1 WILL . 4 AMMJ re�✓1e�. iii ` i0.44 d< OA.vana fat • CASQA/ee/T. Grantee shalt at all times have the right of full and free ingress to and egress from said property described'ebove, with the understanding that Grantee shall be responsible for all damage caused to Grantor arising from Grantee's exercise of the rights and privilege" herein granted. 'Grantor reserves the right to use the easement for any purposes as long as not inconsistent with nor an Interference with the rights granted Grantee herein: The rights. conditions and provisions of this easement shall Inure to the benefit of and be binding upon the heirs, executors, 'administrators. successors and assigns of the respective parties hereto. In witness whereof the undersigned has executed this Instrument this /j t/ day of /!11 f 198: By: B- ,i oseplf G. O'Zey tlndlaldusl Acknowledgement) known tome to be the Individual who executed the foregoing Instrument, and acknowledged that signed the same as free and voluntary act and deed. for the uses and purposes herein mentioned. a d a IFhf ; and official Beal this _ day O • • 011% r • ' • n • Notary public In anti or the Slate of 01 /` reeidingal_ s�/►LO My commIssIon expiree:....4 1 12 i 07 (Corporate Acknowledgement) State of - County of On lhls day parsonaly appeared before me who did say he /she Is the of the corporation that executed the foregoing ,instrument, and acknowledged 'said Instrument to be the. free and voluntary act deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that wa /were authorized to execute said Instrument on behalf of the corporation. Given under my hand end official see ! this day of • 19 Notary Public In and lot the Slate of residing at if commlulon • SEMEN aft • Noy `oo oos; 86/136/04 • #0909 -D RECD F I ' 5.00 CASHSL *** *5.00 55 . nF • KING CU.UNiti" 4470513 ALTHEA SOLADA raymond zenner elisabeth zenner 20051219002748 AFTER RECORDING MAIL TO: Barney Moran 17327 187th PI SE Renton, WA 98058 PARCEL 13: DEED OF TRUST (For use in the State of Washington only) 2,00,121.9002 Pp0�T�c0 NI WI N KING Grantor(s): Tukwila 6 LLC Beneficiary: Barney Moran • Trustee: Transnation Title Abbreviated Legal: PORTIONS OF LOT 5, INTERURBAN ADDITION TO SEATTLE. Additional legal(s) on page: Assessor's Tax Parcel Number(s): 359700 -0082, 359700 -0087 THIS DEED OF TRUST, made this 14th day of December, 2005 between Tukwila 6 LLC, a Washington Corporation, GRANTOR, whose address is 19541 183rd Way SE , Renton, WA 98058, Transnatlon Title, TRUSTEE, whose address is 14450 Northeast 29th Place Suite 200 , Bellevue, WA 98007 and Barney Moran and Teresa Moran, Husband and Wife BENEFICIARY, whose address is 17327 187th PI SE, Renton, WA 98058. WITNESSETH: Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of sale, the following described real property in King County, Washington: =:LcD FOR RECORD Al THE REQUEST OF PARCEL A: • .i.AIUSNAIION ' L Ir;SURAI C`r. CO. THAT PORTION OF TRACT 5, INTERUBAN ADDITION TO SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGGINNIN AT THE INTERSECTION OF THE EAST LINE OF 59" AVENUE SOUTH AND ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID ADJUDICATED LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO NO. 129565; THENCE SOUTH 01 WEST, 20 FEET ALONG THE EAST LINE OF SAID AVENUE; THENCE SOUTH 80"48'20" EAST, 200 FEET ON A LINE PARALLEL WITH SAID ADJUDICATED LINE; THENCE SOUTH 01 *29'40" WEST, 150 FEET;THENCE SOUTH 88 *48'20" EAST, 225 FEET; THENECE NORTH 01 *29'40" WEST, 170 FEET TO SAID ADJUDICATED LINE;THEBCE WEST ALONG SAID ADJUDICATED LINE, 425 FEET TO POINT OF BEGGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 7333565; THAT PORTION OF TRACT 5, INTERUBAN ADDITION, ACCORDING TO THE PLAT THEREOF RECORDE IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGGINNING AT THE INETERSECTION OF THE EAST LINE OF 59 AVENUE SOUTH AND THE ADJUDICATED LINE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID LINE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 12956; THENCE EAST 425 FEET TO THE POINT OF BEGGINNING; THENECE SOUTH 01 *29'40" EAST, 170 FEET; THENCE SOUTH 88 *48'20" EAST, 40.03 FEET; THENCE SOUTH 01 "11'40" WEST, 5 FEET; THENCE SOUTH 88 *48'20" EAST, 14738 FEET TO THE EAST LINE OF SAID TRACT 5; THENCE NORTH TO THE NORTHEAST CORNER OF LOT 5; THENCE WEST TO POINT OF BEGGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR CORT CAUSE NO.733565; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues, and profits thereof. Page 1 of 3 LPB-22 200$1219002748.001 This deed is for the purpose of securing performance of each agreement of Grantor herein contained, and payment of the sum of FOUR HUNDRED NINETY THOUSAND AND NO /100 Dollars (S 490,000.00) 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. To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being built or about to be built thereon; to restore promptly any building, structure, or improvement thereon which may be damaged or destroyed; and to 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 described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have lose payable first to the Beneficiary, as its interest may appear, and then to the Grantor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 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 costs, fees, and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property herein above described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the 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 request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; and (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 thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for value. 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. Page 2 of 3 LPB•22 20051219002748.002 . 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 in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Trustee, or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors, and assigns. The teen Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. Tukwila 6 LLC By. = 1 Kitzes, aging ember Page 3 of 3 LPB -22 20051219002748.003 State of Washington County of King I certify that I know or have satisfactory evidence that Tukwila 6 LLC is the person who appeared before me, and said person acknowledged that Re signed this instrument and acknowledge it to be The managing member free and voluntary act for the of Tukwila 6 LLC uses and purposes mentioned in this instrument 4a Dated: December, 2005 otsitssw ` � �`'r\;�Erl w : A e �� � Notary w P�ubin and for the Stye of Washington = ��� t' S 4'. \o Residing at: Reneee - W4 (Ju //y L✓a 8 9 � = My appointment expires: .05 ,../Aye j 2.2 ,r. s v NOTApY M Z a PUIgt10 =_` S . , 7 4. .— et TO: TRUS • OF "QUEST FOR FULL RECONVEYANCE record To be used only when note has been paid , WAS ,� The underliWci is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust Said note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and directed, on payment to you of' any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder. Dated Mail reconveyance to: } } S Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee before cancellation will be made. 4 20051219002748.004 August 6, 2006 Applicant: Phil Kitzes 23035 SE 262rd St. Maple Valley, WA. 98038 (206) 227 -7445 Prepared By: James Jaeger, P.E. Jaeger Engineering 9419 S. 204 PLACE - KENT, WASHINGTON 98031 PHONE (253) 850 -0934 FAX (253) 850 -0155 TUKWILA 6 SHORT PLAT 4 LOT RESIDENTIAL SHORT PLAT 0 PRELIMINARY DRAINAGE REP AT PARCEL NO. 359700 -0087 14759 62 AVE. S. TUKWILA, WA. I. OVERVIEW The project is located in the City of Tukwila. This lot is 41,555 SF or 0.95 acres. The lot has an existing house with a large concrete driveway and parking area. The lot is generally lawn and tall grass, with a few sporadic trees. There are no wetlands or other sensitive areas on the site. There is a short steep slope on the site, approx. 50% slope but only 8' in height. This is along the south /central property line. The site slopes down from the center to the east and to the west. The existing house is located near the high point of the property. The major public road frontage is at the northeast corner of the site. There is short section that fronts along the south shoulder of 62 Ave. SE. There is a rockery along this frontage. The existing driveway access to the site is from an existing driveway /curb cut located just north of the northeast corner of the site. This access is from 62 " Ave. S. There is also a panhandle portion of this lot that extends to the west and to the east ROW line of 59 Ave. S. This panhandle is 20' wide and currently accommodates most of the utilities that serve the existing house. This panhandle is not uses as access for the existing house. There is an existing 20' wide access easement that extends within the panhandle and all along the north property line. Both of the frontages along 62 Ave. S. and 59 Ave. S. are fully improved with curb, gutter & sidewalk. The proposed short plat will keep the existing house on future Lot 4. Lots 1, 2 & 3 will be west of Lot 4 and along the west property line. The panhandle will be part of Lot 1 but will be used as a common easement for water, sewer and utilities. All of the proposed lots will gain access from 62 Ave. S. A new private road will be constructed within a private Tract. It will connect to 62 Ave. S. at the same location as the existing driveway. It will use the same curb cut that exists for the existing driveway. An easement will be secured from the property to the north to allow the driveway to cross the corner of that property. The private road and Tract will be jointly owned and maintained by all 4 lots. The proposed lots and existing house will be served by water and sewer connections through the panhandle and onto 59 Ave. S. There are existing water and sewer mains within that street. Both water and sewer service is by the City of Tukwila. The drainage for the site will be a private drainage system connected to the existing 18" piped system within 62 Ave. S. There will be a private drainage system within the private road. All of the lots will be provided with a piped drainage connection to the system within the private road. Some of the trees on the site will be removed as necessary for the construction of the houses and the yards. Several of the trees will be mitigated with replacement trees. The specific trees to be removed will be shown on the erosion control plan. The general clearing limits are shown on the drainage and utility plan. The new impervious surfaces that will be constructed are: • 3 New houses /lots: 9000 SF • New private road: 2860 SF • Exist. conc. dwy. Removed: -2343 SF TOTAL: 9337 SF The new impervious surface is between 2000 SF and 10000 SF. As such, this project is not required to undergo a full drainage review. A targeted drainage is provided due to the private drainage system. The targeted drainage review includes basic BMP (best management practice) requirements as part of the developed drainage system. BASIC REQUIREMENTS The project is subject to a targeted drainage analysis. The requirements for this analysis are shown on table 1.1.2.A, KCSWDM. The listed requirements are addressed as follows: CORE DRAINAGE REQUIREMENTS 1. Discharge at Natural Location: Currently, the west half of the site flows to the southwest property corner. The east half of the site flows to the east property line and onto the 62 Ave. S. right -of -way. The high point of the property is near the center of the south property line. The discharge location in the southwest corner is onto the rear yards of adjacent residential Tots. It is better of the controlled drainage from the developed site be piped to the existing 18" public drainage system that is within 62 Ave. S. This is a high capacity system that can handle the runoff. The only runoff that would continue to discharge at the southwest corner would be the rear yards of Lots 2 & 3. 2. Off -Site Analysis: The downstream analysis for this site is simple. A new type 2 catch basin would be installed above the existing 18" drainage pipe within the southwest shoulder of 62 Ave. S. This would be under the existing sidewalk. The drainage continues to the southeast under the sidewalk and gutter of 62 Ave. S. There are a series of catch basins and 18" pipes that run to the southeast, past S. 149 St. and continues to the south in the west side of 62 Ave. S. This is approx. 350' downstream from the site. The piping continues for approx. 900 ft. past S. 151 St., still within the west side of 62 Ave. S. Just past the Maple Tree Park plat, the drainage leaves the 62 Ave. S. ROW and enters a low depression area east of 62 Ave. S. and south of 151 PI. S. This low depression has an overflow outlet to the south and into a swale /ditch that runs to the south and terminates at Southcenter Blvd. and the 1-405 corridor. This is approx. a half mile downstream from the site. 3. Runoff Control: This project is exempt from peak rate runoff control because the net new impervious surface due to the development of this site will be developed site will only 9337 SF. This allows this project to be classified as a small site development. As such, with the use of appropriate BMP's, the site is exempt from peak rate runoff control. 4. Conveyance System: The will be 2 new catch basin2. A new 12" pipe will connect the new catch basins to the drainage system within the 62 Ave. S. ROW. 5. Erosion and Sedimentation Control Plan: The site will provide several erosion control measures. These measures will include silt fencing to the placed down - gradient from the developed area, near the east property line. The erosion control plan will also include a controlled construction access, clearing limits and specifications for seeding and mulching disturbed areas. 6. Maintenance and Operation: Any necessary maintenance will be the responsibility of the Owner. All improvements will be simple and easy to maintain. 7. Bonds and Liability: The applicant will provide the required bonding prior to the start of construction. SPECIAL DRAINAGE REQUIREMENTS 1. Other Adopted Requirements: No other special requirements are known at this time for this project. 2. Floodplain Delineation: No floodplain on this site. 3. Flood Protection Facilities: Flood protection facilities are not necessary for this site. 4. Source control: A control BMP will be the perforated drain connection for the roof downspout system. DRAINAGE ASSESSMENT A. PREDEVELOPED DRAINAGE The pre - developed drainage condition considered a project drainage area of 0.86 acres. The total parcel area is 0.95 acres and the panhandle area was subtracted since it will not be developed or altered. This left the remaining area of 0.86 acres as body of the site and the project drainage area. The existing impervious surface is the existing house and the large concrete driveway and parking area. Existing house: 1006 SF Existing concrete driveway: 4439 SF Total existing impervious: 5445 SF = 0.13 Ac. The pre - developed pervious surface is the remainder of the site and is 0.73 acres. Since there are only a few trees on the site, the pre - developed pervious condition is considered as till, pasture. The existing drainage analysis was performed using the "KCRTS" hydrology software and its summary tables and charts are attached for reference. The methods outlined in the 1998 King County Surface Water Design Manual were used as guidelines. The computer summary sheets for peak flows are attached. Below is a brief description of the existing drainage characteristics: 2 year peak flow: 10 year peak flow: 100 year peak flow: project area: till pasture: impervious area: 0.047 CFS 0.077 CFS 0.149 CFS 0.86 acres 0.73 acres 0.13 acres Project Area: 0.86 Acres Impervious Surface: 0.13 Acres Pervious Surface: 0.73 Acres Till, pasture Flow Frequency Analysis Time Series File:pre.tsf Project Location:Sea -Tac - -- Annual Flow Rate (CFS) 0.074 0.047 0.082 0.036 0.047 0.077 0.074 0.149 Computed Peaks Peak Flow Rates-- - Rank Time of Peak 4 2/09/01 6 1/05/02 2 2/27/03 8 8/26/04 7 1/05/05 3 1/18/06 5 11/24/06 1 1/09/08 KITZES 4 LOT SHORT PLAT KCRTS PEAK FLOW SUMMARY PRE - DEVELOPED CONDITION 15:00 16:00 7:00 2:00 8:00 16:00 3:00 6:00 Flow Frequency Analysis - - Peaks (CFS) 0.149 0.082 0.077 0.074 0.074 0.047 0.047 0.036 0.127 - - Rank Return Prob Period 1 100.00 2 25.00 3 10.00 4 5.00 5 3.00 6 2.00 7 1.30 8 1.10 50.00 0.990 0.960 0.900 0.800 0.667 0.500 0.231 0.091 0.980 !3. DEVELOPED DRAINAGE The developed project will include the new impervious surfaces that would result from the 4 lot short plat. These impervious surfaces would include the 3 new houses, the driveways /parking areas, the existing house and a portion of the existing driveway and the new private road. The new lots were assumed to have 3000 SF of impervious surface per lot. It was estimated that the new house footprint could be as large as 2400 SF, the driveway would be 400 SF and an additional 200 SF for walkways and patio. The developed impervious surface was calculated as follows: 3 new houses /lots @ 3000 SF ea. = 9000 SF existing house & portion of driveway = 3056 SF new private road: = 2680 SF total new impervious: 14,736 SF = 0.34 acres The developed pervious surface will be considered as till, grass. This area is 0.86 ac. — 0.34 ac. = 0.52 acres. Similar to the existing condition, the KCRTS method was used to determine the peak flows for the various storm events. The computer data sheets for the developed flows follow this page. A brief summary of the developed drainage characteristics are: 2 year peak flow: 10 year peak flow: 100 year peak flow: total area: till grass: impervious area: 0.116 CFS 0.137 CFS 0.271 CFS 0.86 acres 0.52 acres 0.34 acres �� J Project Area: 0.86 Acres Impervious Surface: 0.34 Acres Pervious Surface: 0.52 Acres Till, grass Flow Frequency Analysis Time Series File:dev.tsf Project Location:Sea -Tac - -- Annual Peak Flow Rates-- - Flow Rate Rank Time of Peak (CFS) 0.129 5 2/09/01 2:00 0.096 7 1/05/02 16:00 0.157 2 2/27/03 7:00 0.094 8 8/26/04 2:00 0.116 6 10/28/04 16:00 0.136 4 1/18/06 16:00 0.137 3 10/26/06 0:00 0.271 1 1/09/08 6:00 Computed Peaks KITZES 4 LOT SHORT PLAT KCRTS PEAK FLOW SUMMARY DEVELOPED CONDITION Flow Frequency Analysis - - Peaks - - Rank Return Prob (CFS) Period 0.271 1 100.00 0.990 0.157 2 25.00 0.960 0.137 3 10.00 0.900 0.136 4 5.00 0.800 0.129 5 3.00 0.667 0.116 6 2.00 0.500 0.096 7 1.30 0.231 0.094 8 1.10 0.091 0.233 50.00 0.980 C. HYDROLOGIC ANALYSIS The proposed development will be exempt from drainage detention and water quality enhancement. The net new impervious surface that will be created by the development of this short plat is 9337 SF. BMP's of perforated downspout drains will be used. The new impervious surface subject to vehicular traffic was calculated to be 2680 SF for the private road and 1200 SF for new driveways. This is 3880 SF which is Tess than the 5000 SF required to trigger water quality enhancement. CONVEYANCE SYSTEM The piping will be sized to accommodate the 100 year developed flows as identified in this section of the report. The modified rational method was used as shown in the King County Drainage Manual. The pipes for this project area a minimum 12" diameter and all will be corrugated polyethylene, double - walled pipe such as ADS -N12, PVC or equal. The 100 year storm flow for the entire site area was calculated as follows: Area: 41555 SF = 0.86 acres Runoff Coefficient: 0.70 for 67% impervious and 33% pervious grass Time of Concentration (Tc): use 6.3 minutes as the minimum Intensity (Ir) = Pr(ir) = (4.0)(0.82) = 3.19 ir = 0.82, Pr = 4.0 Peak Flow = Area x Intensity x Runoff Coefficient = (0.86)(3.19)(0.7) = 1.92 CFS The pipe runs within the conveyance system are as follows: CB 1 to CB 2: 12" @ min 0.50 %, capacity = 2.71 CFS It is shown that each pipe segment can accommodate the 100 year peak flow from the entire tributary area. V. EROSION CONTROL Erosion control measures will be provided during the construction of this project. These measures will include silt fencing to the placed down - gradient from the developed area along the east property line. This is the down - gradient side of the property and will provide a flow barrier prior to entering the adjacent property and the ROW. The clearing limits are shown on the plans and will be marked on the ground using staking prior to any construction activities. The silt fencing will be installed prior to construction. Specifications for seeding and mulching are stated in the City's standard erosion control notes that are provided on the plans. Mr. Phil Kitzes Tukwila6, LLC 23035 SE 263' Street Maple Valley, Washington 98038 Geotechnical Engineering Services Preliminary Site Evaluation 14759 62 " Avenue S Tukwila, Washington King County Tax Parcel Number 3597000087 BES Project Number: 200627, Report 1 mo ovimmm Bergq ist Engineering Services 27207 8th Avenue S Des Moines, Washington 98198 Dear Mr. Kitzes: PO, Box 13309 Des Moines, Washington 98198 Phone: 253,941,9399, Fax: 253.941,9499, e -mail: RBergqu510 @aol.com July 23, 2006 This report presents the results of our preliminary geotechnical evaluation for the proposed short plat subdivision of single - family residences to be constructed on the roughly 0.95 -acre site at 14759 62 " Avenue S in Tukwila, Washington. The location of the site is shown on the Vicinity Map on page Al of this report. The preliminary geotechnical evaluation was performed by Bergquist Engineering Services (BES) to provide information regarding: • topographic features on the site, • geologic setting of the site, • readily identifiable geotechnical or topographical constraints to the project, • evaluation of slopes on the site, and • preliminary foundation recommendations. GEOTECHNICAL ENGINEERING AND CONSTRUCTION INSPECTION RECEIVED AUG 11 2006 COMIVIUNI ! Y DEVELOPMENT Tukwila6, LLC BES Project Number: 200627, Report 1 Maple Valley, Washington July 23, 2006 The proposed project involves design and construction of a four -lot, short plat subdivision of single - family, residential structures. The buildings will be relatively lightly loaded, wood - framed, with cast -in -place concrete foundations but probably without basements. Actual foundation loads were not provided at the time this report was prepared. Therefore, we have assumed that individual column loads will not exceed 70 kips and continuous wall loads will not exceed three (3) kips per lineal foot. If the actual foundation loads are greater than those stated herein, the geotechnical engineer must be notified to determine whether the recommendations presented herein require revision. The scope of services included a reconnaissance of the project site and surrounding area by the geotechnical engineer, a review of readily available geologic and soil survey literature, and a review of a topographic map provided by Kenneth Anderson & Associates, Inc. The information presented in this section was gathered by BES personnel for preliminary geotechnical engineering purposes only. This site characterization was not intended to provide final design recommendations nor was it to address the presence or likelihood of contamination or environmental hazards on or around the site. Specialized methods and procedures, which were not a part of this scope of services, are required for adequate final geotechnical design recommendations and environmental site assessment. The flag- shaped lot is made up of a roughly rectangular shaped parcel that is about 225 feet long (east to west) by 150 feet wide (north to south) with a narrow rectangular piece of un- developable land that is about 200 feet long (east -west) by 20 feet wide (north- south) attached to its northwest comer. Access to the properly is off of 60 Avenue S where it abuts the chamfered northeast corner of the property. In general, the ground surface of the southeast quarter of the site is higher than the rest of the site. The surface elevation is 217 feet MLS in the southeast corner and slopes down gently to approximate elevation 214 feet near the midpoints of the south and east property lines. Towards the west, the ground surface in the southem half of the site slopes down steeply from elevation 214 feet to elevation 206 feet at a gradient of about minus 58 percent. The gradient and height of the slope diminishes as it progresses towards the north where it joins a short (two -foot tall), north -south trending, Bergquist Engineering Services Page 2 of 4 Soil Unit Moist unit weight Saturated Unit Weight Cohesion (C) Angle of Intemal Friction ( Vashon till 138.0 pcf 140.5 pcf 1000 psf 36° Tukwila6, LLC BES Project Number: 200627, Report 1 Maple Valley, Washington July 23, 2006 wood retaining wall. The ground surface west of the steep slope continues to slope down gently in a west and southwesterly direction. The total elevation change west of the toe of the steep slope ranges from about three feet to about ten feet. The southeast quarter of the property is occupied by a two -story, single - family residence that has a north- facing, daylight basement. A concrete driveway on the north side of the house provides access to 60t Avenue S. A concrete block retaining wall that extends north off the northwest corner of the house allows an abrupt grade change between the driveway and ground surface to the west. In general, the remainder of the site is covered with lawn grasses. The site is nearly devoid of trees, there being only a few maple and alder trees. According to the Soi /Survey of King County Area, Washington, published by the United States Department of Agriculture, the near - surface soils at this site are mapped as urban soils, which means that because of extensive human activity, the soils are mixed and not readily discernable. According to the Geologic Map of King County, Washington by Derek B. Booth, Ralph A. Haugerud, and Jill B. Scott, 2002, the near surface soils are mapped as Vashon till. Based on visual observation, they classify as dense to very dense, fine Silty SAND to fine Sandy SILT with gravel, occasional boulder. Vashon till is characterized by having very slow infiltration rates, excellent foundation stability, stands on steep natural and cut slopes for long periods, and good seismic stability. The engineering properties of Vashon till vary widely over the Puget Sound area. The generalized engineering properties are presented in the following Table. There are no sensitive areas due to geologic or topographic features on the site. There are; however, some slopes greater than 40 percent, but they are less than 10 feet in height. Buildings shall be located on the site, or the depth of footings shall be adjusted, so that an imaginary line drawn down at a 45- degree angle from the edge of the footing does not intercept the face of nearby any steep slopes or retaining walls. Bergquist Engineering Services ESTIMATED ENGINEERING PROPERTIES Page 3 of 4 Tukwila6, LLC BES Project Number: 200627, Report 1 Maple Valley, Washington July 23, 2006 Conventional, shallow, spread footing foundations are expected to be suitable at this site based on the area geology and on observations of the exposed soils. Generally, allowable bearing capacities of these soils are at least 2,000 psf with settlements estimated to be less than one -inch. Properly designed and installed footing drains should be used to prevent accumulation of water at the bearing elevation. All perimeter footings must be placed at least 18 inches below finished grade for frost protection. The allowable bearing capacities may be increased by one -third for wind and seismic loads. Rockeries may be suitable for use to protect short (six -foot or less) vertical slopes if they are required for abrupt grade changes. The site soils are likely to be moisture sensitive, therefore, primary earthwork should be accomplished only during the dry season. Because of their sensitivity to moisture, the site soils are probably not suitable for use as structural fill or backfill. Suitable, free - draining, granular soil shall be imported for structural fill and backfill if required to meet design grades. Based on this preliminary evaluation, it appears the site can be developed according to the current plan. The information presented herein shall, however, be verified, and revised as necessary based on subsurface exploration and engineering analysis targeted to provide final design recommendations. If you have any questions, or if we may be of further service, please contact us. EXPIRES July 2008 Copies to: Addressee (5) Attachments: Al Vicinity Map A2 Site Plan Bergquist Engineering Services Sincerely, Bergquist Engineering Services Richard A. Berg.uist, P.E. Principal Page 4 of 4 Al ' ' \ ' \ill • i i ,. . It , -. " i , A 4 •, 4, Ittp 111 i i 'adb 1,9 "i '.• = ri , , ,_ , . ,, ,...., , d* a i , ' ' ' .; - ‘- \ Ar , ; : uolbuli,em "Oki ta II 6 ea iAlli, , 4„' • .= ... . ,,". VICINITY MAP Project Name: Proposed Four Lot Short PIat Bergquist Engineering Services Tu��|o6 LLC. BES Project Number: 200627-1 Location:Tukwila, Washington ' ' Date: July 2006 Al SITE PLAN Project Name: Proposed Four Lot Short Plat Location:Tukwila, Washington Date: July 2006 Bergquist Engineering Services For: Tukwila6, LLC. BES Project Number: 200627 -1 A2 FOR STAFF USE ONLY Permits Plus Type: P-SS Planner: beCCQ 1—OX File Number: / 06 —057 Application Complete (Date: B /tt(o6 ) Project File Number:' O 3_ Application Incomplete (Date: ) Other File Numbers: CITY OF TUKWILA Department of Community DevelopmenRECE,V 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431- 3665,QUG ' 1 ?f1J6 E - mail: tukplan @ci.tukwila.wa.us APPLICATION NAME OF PROJECT/DEVELOPMENT: To K\.\/ C �-- 1-1-01 rt-Arr (4 t-o'i' LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. l411.5 G 2 t.) 0 AVE; 5. TL1 K\Ni LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 3S — oo e"1 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: Pl-1 tLLL P Address: Z. 303S S E Zro'S i2 D -P..E-t t'1 L E. VAwe`f t \vA ac o Phone: Zo a. 2 27. - 7445 E -mail: IKE�T�R- PCZ�S�S _ p-tV D `fAHOO• com Signature: I'Vlannine Fo nll \i \pplications \ne, Sl I( )Rll'I. 1 doc. 04'04 COMMUN, D EVELOPMENT FAX: 47-5. 4'52. "391 Date: 8 • G SHORT PLAT (P -SS) eilar Ge.a. • mow . c.o rattlif..411 280 180 /AO tn k DAV." 48.re8t AS 2 .3 .021.7.2/1 17 9.85 424115 / 67.5', - 3 4 E.93E EN 7• • - • • - • - • • • - _ • - - • - • - s . 8-I 6,- sa. 289.8' 4.8, 97/ 4 e 4 7.0 / 78.o/ /14 2/5: - 3845 '-g" /93:8 7/ AS BUILT • G'2.4 - ‘9. • /80.2: 17/.43 8.8 2/# 200 Date," Approxik.3.Lizi • /Z72.8 a 4 /76.35" /66./. 8" it- 5.4f.-8 r /74.34 •.• 1744.'2. /2.6 • /2.8 /4f =C CLASS": 2 .012 1 • vz& " _ . • • • . . • • ALL.' PIPE CLASS / 0yorEp . t;•!' ' • • . • t ' •"'• • • A' Vx• 4 '4'40 ° /110Al . = 47 1 -1 • .1/ -G31ADDED "PROPILE M.1-1: 11 3 MA. '76r I •• AL t • • • - • • i; , v • • 1 , •:: /88.9 . /82.8 /76:88 176.36' / 3: 0 6. 4. 1/6.0 0 1. A.5 117.1' T AD ASSOCIATES INC Valli • PIANINIIIS I I, is: /54.2'- - 8" /23.8' - 8" 042 - 4.1'400 fit, .reS .206.5' - • CITY OF.'; TUKWILA SEWER PROFILE LID NO 5 - SCHEDULE: 00.00:39.i • stunt MV ( : 25 t OCALI KAvAN -..4 0 .1 1;c261a42.- A4".4r. DAV . JOS t40. .r. CHECCE0 Ity • • • r Eh j11 20' 1 1 I sujiNcE MAINTENANCE STANDARDS 1. ANY DAMAGE SHALL BE REPAIRED IMMEDIATELY. 2. IF CONCENTRATED FLOWS ARE EVIDENT UPHILL OF THE FENCE. THEY MUST BE INTERCEPTED AND CONVEYED TO A SEDIMENT TRAP OR POND. 3. IT IS IMPORTANT TO CHECK THE UPHILL SIDE OF THE FENCE FOR SIGNS OF THE FENCE CLOGGING AND ACTING AS A BARRIER TO FLOW AND THEN CAUSING CHANNEUZATION OF FLOWS PARALLEL TO THE FENCE. IF THIS OCCURS. REPLACE THE FENCE OR REMOVE THE TRAPPED SEDIMENT. 4. SEDIMENT MUST BE REMOVED WHEN THE SEDIMENT IS 6 INCHES HIGH. 5. IF THE FILTER FABRIC (GEOTEXTILE) HAS DETERIORATED DUE TO ULTRAVIOLET BREAKDOWN, IT SHALL BE REPLACED. 14 I 14, I EX. CB TYPE I) E•200.3(W) 12' PVC SITE DATA AREA: 0.95 ACRES or 41,555 SF SINGLE FAMILY RESIDENTIAL PROPSED DENSITY.: 4.21 UNITS /ACRE ZONING: LDR PROPOSED USE: 4 LOT SHORT PLA T MIN. LOT SIZE: 6500 SF SMALLEST LOT: 6500 SF SEWER: CITY OF TUKWILA WATER: CITY OF TUKWILA SITE ADDRESS: 14759 62nd AVE. S PARCEL: 359700 -0087 E10 RH ST SD 1, IE•201.2' (NW) 6' PVC DROP IE•199.2' (NE) 8' DROP I0- 196.8' (S) r CTR ARAN- 196.9' (LADDER TO NEST) CUT INTO EXIST. 8' MAIN 1-8' TEE (EL18L) 1 -8' G.V. (FLd4 2 -s' ADAPTORS (FLAN) REMOVE EXIST. WATER METER NOTES: 20 :'DINTS IN F1L SHALL BE SP STAPLES, WAR TO ATTACH F ••4i NOTE FILTER FABRIC FENCES SHALL BE • INSTALLED ALONG CONTOUR WHENEVER POSSIBLE. BLOCK RET. WALL E END 5' W END 5'WOOD / 398 LF.B' 0.1. WATER MAN NH EXIST. FART FOR ROADWAY REC. 14470513 134' -8' PVC SEWER 0 1.00% �^=1NSTALL: NEW ARE HYDRANT ASSEMBLY. 9 0" /4; WATER METERS t TS 1 ,,�3 ,& • DRAIN STUB /,,�'� ._ 1 1' POLY WATER SERVICE PIPING 10' PRIVATE SEWER EASEMENT 125.0' / I ir \ 7250 SF \\ ' �. , . \ STUB MIN. FFE 204.0 \ E END 5' CHAINUNK `- - 202 - NW COR 2 z i. ▪ \ \ CHAINUNK ��i4A ,` luritislk • •1r •ITT W 1 WOOD SxW 4 .• AINUNK.f'-' ! 11 s"1/41N... .a C R •a• E END 4' CMANLINK NEW 4' NI OVE EXIST.. C. MEW IX� (48' TYPE 1) IMPERVIOUS SURFACE 1 STORY WOOD FRAME] HOUSE •� 1. THERE SHALL BE NO on WIN A SEPARATE DRIVEWAY ACCESS DIRECTLY FR. 62nd AVE. S IX CB I .G ,: LOTS /1, 2, 3 & 4 • HAI ACCESS FROM THE PRIVATE ACCESS ROAD (TRACT A). THEM LOTS WILL' HAVE EQUAL RW =202.5' (.199.7. (Ls) IY PVC �•r 4 . MAINTENANCE RESPONSIBILITY F07 111E ROAD. 3. LOTS 1, 2. 3, @ 4' °'R1. -• • a 1 1 };i: . T RESPONSIBILITY FOR THE PRIVATE DRAINAGE S Zi 4. ALL NEW HOUSES SHALL HAVE ROOF /G1 •RAINS THAT ARE PIPED DIRECTLY INTO THE PRIVATE D I . - SYSTEM. PIPING CONNECTION FROM THE HOUSE STALL BE A TED PIPE CONNECTION PER 111E QTY STANIARD DETAIL NEW IMPERVIOUS SURFACES - 3 NEW HOUSES/DRIVEWAYS 0 3600 SF EA. 3(3000) - 9000 SF - NEW PRIVATE ROAD: 129(20) •• 2580 SF - NEW IMPERVIOUS SURFACE 11690 SF EXIST. IMPERVIOUS SURFACE TO BE.IRamat - CONC. DRIVEWAY:' 2343 SF NET NEW MPERVIOUS SURFACE 9:47 SF GRAPHIC SCALE . O 10 I 20 . 40 PEET • 1 Inch - 20 • ft. FABRIC MATERIAL AT POSTS. USE NGS, OR EQUIVALENT C-TO POSTS. N.T.S. 2'X 2' BY 14 Go. WIRE OR EQUIVALENT, IF STANDARD STRENGTH FABRIC USED. MINIMUM 4'x4' TRENCH BACKFILL TRENCH WITH NATIVE SOIL OR 3/4' -1.5' WASHED GRAVEL. 2'X 4' WOOD POST. STEEL FENCE POSTS. REBAR, OR EQUIVALENT. SILT 'FENCE DETAIL FILTER FABRI CLEARING UMI75 (TIP) W END 5' CHAINUNK N89'01'29'W S' --0L C-8 -(4r TYPy- T Y RIM=R04:8' -.4.?. •., E- 198.2' (NE) 12' (COMP NOT 6131ED) - ,IE =147.8'�NW) 18't- (COMP NOT NOTED) E -197.7 (SE) IB"t (COMP NOT NOTED) :(LADDER TO EAST) THICKENED EDGE :ASPHALT . DETAIL 1 : NOT • 7 • - .a, E END 5' CHAINUNK r ASPHALT CONC. PAIENEN �/ , . T SEE ROAD SECOOR FOR J 9A9 - 8ASE REaNPELENTS . fl : .. IE-201.6 (SW) 12 (CAMP NOT NOTED) THICKENED EDGE CURB (SEE DETAIL) 4'! (29AINUNK- Ex / 0.5' 0 BACK OF WEDGE ADDITIONAL TREATMENT MAY BE REOUIRED DEPENDING ON SOIL CONDITIONS. PRIVATE ACCESS ROAD JOINT ACCESS N.T.S. REMOVE EXISTING DRIVEWAYICURB CUT END 8' D.I. WATER MAIN' NEW W/ PLUG 0 ROW LINE SE END 214' / FLOW UNE TO BE DIRECTED TO CATCH BASIN AS SHOWN ON PLAN CB 1 TYPE 2-48") IL 197.1 (EXIST, 18') IL 197.2 (NEW, 12 ) SET OVER EXIST. 18' 2' COMPACTED DEPTH CLASS '8' ASPHALT 1 1/2' MIN. COMPACTED DEPTH CRUSHED SURFACING TOP COURSE 2 1/2' MIN. COMPACTED DEPTH CRUSHED SURFACING BASE COURSE EX C8 TYPE I) RN1- 202.2' E- 198.5' (SW) 12' (COMP NOT NOTED) TYPE 0 •202.3 E. • 7.1' (NE) 12' (COMP NOT NOTED) I \� I0 -19.. (NW) 18'3 (CORP NOT NOTED) ��1E•I96.5'.`SE) 18't (COMP NOT NOTED) CHAINUNK \\ EXISTING ROCKER'] 10 N NLINK �� \ / 1• / IE.I87.• (NE) 12' (COMP NOT NOTED) IE•/186.5' (NW) 18' (COMP NOT NOTED) IE•I186.4' (SE) 18' (COMP NOT NOTED) (DOER TO SOUINWEST) toV \ RECEIVED FEB 20t007.- n WWI A I) RIM - 193.1' • IE -1893 (5W) 12' (COLE NOT NOTED) RECEIVED FEB 0 2 q::)! 0 Z 1-. J 0 • Vj O In '0 J Lc, LID ' 01 Q � a 0ATE 8/3) SCALE 1' DESIGN 81: JJ OR1N. 8Y. .1.1 APP. 6Y: J08 No. CO CO CO to N LJ Ln j N J IL z SHEET OF CURVE TABLE CURD£ LENGTH RADIUS DELTA C1 1.02 370.00 009'31' C2 20.01 370.00 3•5'53' C3 34.84 370.00 523'40' C4 37.81 65.00 3319'28' CS 26.17 45.00 3310 0" NOTES: (1) THE OWNERS OF LOTS 1, 2, 3 AND 4 SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN NE OWNERSHIP AND MAINTENANCE OF TRACT 'A' (PRIVATE ACCESS & UTILITY EASEMENT), AU. MAINTENANCE AND REPAIR OF PRIVATE APPURTENANCES TO BE EQUALLY SHARED BY SAID LOTS 1, 2, 3 AND 4. (2) 10 FOOT EASEMENT BENEFITING PUGET SOUND ENERGY, INC. ON 11E CENTERUNE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED, REC. 60. 20080527001867. 20' (3) THE OWNERS OF LOT 3 SHALL BE RESPONSIBLE FOR THE REPAIR AND MAINTENANCE OF THE STORM DRAINAGE FACILITIES ASSOCIATED 51111 THE CONCRETE ECO -BLOCK RETAINING WALL ALONG THE SOUTH AND WEST PROPERTY ONES OF LOT 3, INCLUDING THE WALL DRAIN, DRYWELL & PUMP UNE • • (4) INITIAL PARENT PARCEL BOUNDARY FIELD SURVEY MEASURED OBSERVATION DATA OBTAINED 2/6/06- 2/8/06. 1 4 (5) AN OVERLYING EASEMENT IS HEREBY , r` --` 0- CONVEYED TO CITY OF TUKWILA, OR ITS " -- ti SUCCESSOR AGENCY, OVER, UNDER ACROSS. < . � AND UPON THE NORTH 20 FEET OF.LOT 1 FOR ,a' THE PURPOSE OF OPERATING, MA1NIAINNG, AND REPAIRING THE PUBUC WATER FACTURES CONTAINED THEREIN UPON RECORDING OF THIS CnnpT a eT at 20' U i 0: • • ( n � �N • E I 20' 20' S. UNE LOT 4 S89'01'29'E 379.24'(C) THE S.W. 1/4 OF ;E N.E. 1/4 & N.W. 1/4 OF THE N.E. 1/4 OF SECTION 23, TOWNSHIP 23 NAII, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON S. 147TH ST. S89'01'29'E 18:86' t a E UNE. 20' ROADWAY EASEMENT, REC. N0. 4470513 LOT 4 DETAIL "A" SCALE: 1"=20' R= 370.00' L= 55.87' =8'39'04' CALCULAIED 41.W. CORNER INTERURBAN TRACTS 20.00' D) NW COR. 4' WOOD FENCE 0.5'S OF UNE 20' PUBUC WATER - EASEMENT • (SEE NOTE 5) • • • • • • :KC SC NO 129565 I ga 1 1•Q:: N' •END 5' WOOD .•1 LL: ; .. 5' WORD - CONT'S .rt 5.610 5' WOOD . •LV' - .' 15M OF UNE CALCULATED MONUMENT POSITION PER ROS #9903109001 �N� S LINE. 20' PRIVATE SEWER at uRUTY EASEMENT, REC. N0. 20070510001381 W END 5' W009:✓ 0.8'N OF UNE ' N89'01 29'W 200.00'(0) S SYMBOL LEGEND: B FOUND MONUMENT (56 SHEET 1 OF 2 FOR DESCRIPTIONS) • SET 5/8' REBAR & CAP, LS. 29267 - UNLESS OTHERWISE NOTED O FOUND AS DESCRIBED (M) A(EASURED -. •:.. - . S END 5`.WOOD 0.9'N OF E END 5'5000 0.7N OF UNE -_• 4' WOOD W 4'IMREE arN OF UNE 10' PRIVATE SEWER EASEMENT, REC. NO. 20070510001379 S END 4' WOOD 0.7'N & 1.4'E OF CORNER W ENQ.5. CF4AINYNK e ves . • .: •. iw: - `l: %) i r flF a ; -M' 7 ': 77 ;. - :-�20' P4WA1E SEWER a UOUTY EASEMENT REC N0. • ;• • • 200705100111381 S. UNE I OT 4 'S89'01'29'1: 379.24'(C) L 7K N89'01'29'W"T LFMNN 1/2' REBAR & CAP. (23604 a1654 0.40'E OF • COWER wvee) • 3 J i[ ZOOq (C) CALCULATED (R1) RECORD OF SURVEY, REC. NO. 9903109001 (D) WARRANTY DEED, REC. N0. 20051219002747 ' 5: BUILDING SETBACK DIMENSION v�= :- S* 18 5 4 \ � •••,......-•--------7 I ,F Yo' EASE? ') r ' �• 11 t `" p fiP - FOR ROADWAY *. -• � s' p 62 fp g REC 1425.: 447051 Np X� \ NE C-OR. 4' WIRE FENCE 20' PRIVATE ROAD 1 1.8'E' -OF CORNER •- & U11UTY TRACT o REC NO. 1 STORY WOOD FOUND 1/2' REBAR & CAP 12360 0 1 LOT 1 --.: 2- Pe ,- z oo FRAM HOUSE 0.15'E OF CORNER `'� 1 4' WA N, 4' WOOD S ��' E -- -: 58901'29'E ---- -� • �. 1.6'6 OF UNE o _ - _ 137.58" 10' PRIVATE U1WTY :t / EASEMENT REC. No. 1 � -�)- LOT 2 .2.00=.132--r pod (i0' 6,533 S.F. N0106'56'E I 12.31' i 1/3 - 125.00' S8901'29'E 145.00' UILDING SETBACK UNE (TYPICAL) LOT 3 7,830 S.F. 145.00' I• WOOD FRAME HOUSE E.END 5' CHAINUNK O.•S OF UNE NW COR 5' CHAINUNK '0.8'5 OF UNE: 1 " • • • 1 W END 6' WOOD 1.1'5 OF UNE - �\ 4;"- 40 ::2 C. s . UIT EASEMENT \ \ !'-m REC. NO. • ton 5c32 � i ol 20.00' •.' LOT 4 \ \ ::10,345 S.F.• - - - ' - �, SHED • 2 STORY WOOD FRAME HOUSE WITH DAYUGHT A 80.00' 225.00'(0),. \ 6' W000 SAW "+ CHAINUNK EXWxS 4 CHAINUNK E 0.2'S OF UNE 4' CHAINUNK 1.4'S OF UNE CONES SE E END 5' CHAINUNK 1.0'S OF UNE EXISTING HOUSE TO REMAIN KENNETH R. ANDERSON AND ASSOCIATES. INC. Surveying, Mapping and Land Planning 1720 South 341.5 Place, Suite C-4 Federal Way, Washington 98003 Des Llolnes (253) 838 -1199 Tampa (253) 272 -9858 FAX (253) 838 -8164 E-Malt maIlOmdenvwaveprmmn MERIDIAN: RECORD NORTH, PER RECORD OF SURVEY 19903109001 BASIS OF BFARINGS: MONUMENTED CENTERLINE OF 62ND AVENUE SOUTH. BETWEEN SOUTH 14911 STREET & SOUTH 151ST STREET. BEARING: N01'21'40'E 40'.1R1VATE ACCESS EZ-.UTIUTY EASEMENT REC. NO. oo7 ckt, cJo0 -ric.4 `1 • va R/• 60404' 2 (7708i) CHAINUNK IL 0.2'N OF UNE ' S. 1491H ST. (HAZEL AVE.) _ ;_?c, #113776E FOR: TUKWILA 6, LLC ; 19541 183RD WAY:SE RENTON, WA 98058 1■ 40 20 148818:52 "E 651.65'(C) 651.69'(Ri ) -.. FIELD EQUIPMENT: ' SITE INFORMATION: GEODIMETER 610,.7 SECOND DIRECT READING .TOTAL STATION,•.' .' kith:.O,95 ACRE (44,555 SF.) • _ '' SINGLE FAMILY.RESDE4TIAL FIELD PROCEDURES: . -' - - PROPOSED DENSITY: 4.21 UNITS /ACRE FIELD TRAVERSE AND SIDE: SHOT MEASUREMENT PROCEDURES EMPLOYED. ZONING: LDR ". • -- - PROPOSED USE 410T SHORT:REA' SURVEY MEASUREMENT STANCAI'DS: .: ' - SMAiiEST LOT: 6553 5.F. - - FINAL PRECISION RESULTS OBTAINED "FROM FIELD.TRAVERSI_ PROCEDURES'.-. ''AVERAGE LOT W10TH: 57' - -• • FOR THIS SURVET'MEET OF EXCEED STANDARD$.CONTAINED ON W.A.Q.- : = , . SEWER: CITY OF TUKWILA• • 332- 130 -090. ' - .' WATER: 07Y {0' 1UKYALA S(TE'ADDRESS: 14759'62ND AVE S _ -• . PARCEL' 359700 -59137 TUKWILA .SHORT PLAT SCALE IN FEET 0 SCALE : 1' \ N 20' RECORDING INFORMATION: SW 1 /4 OF THE NE 1 /4 & NW 1 /4 OF THE NE 1/4, SEC. 23-23N-04E '- 40 _ 40' 20' LAYO01:-Na. CHECKED 43Y: 02 PROJECT No. 06 004, DATEi 3/26/09 $CALF 1'v40' DRAWN BY: 80 SHE OF 2 20090327900008 SHOfj LAT NO L06 - 057 " . KNOW ALL MEN -BY THESE PRESENT WE, THE UNDERSIGNED, OWNER(S) IN FEE SIMPLE:_OF NE LAND HERER DESCRIBED DO HEREBY MAKE A SHORT SUBOMSION•.THEREOF PURSUANT TO RCW 5817.060 AND ACKNOWLEDGE NAT SAIR SUBDIVISION SHAT NOT BE: FURTHER DMDED IN ANY MANNER WITH IN- "A PERIOD OF FIVC FROM DATE OF.{GECORD,.WtTHOUT NE FILING' OF A FINAL PLAT'THE UNDERSIGNED FURTHER- BEGI.ARE - THIS .SHORT PEAT TO BE NE GRAPHIC REPRESENTATION OF' SAO SHORT SUBDIVISION AND THE SAME IS BADE WITH FREE CONSENT AND IN ACCORDANCE•_YATH THE DESIRE OP ..THE OWNER(S). . - IN WITNESS' WHEREOF WE HAVE SET OUR HANDS AND SEALS • 1 1KWILA6. LLC,- WASHINGTDN LIMITED LIABILITY COMPANY-' STATE OF W ; INGTCN COUNTY CF ( BY: nu: r'E*+J6rg riu� - f'a:Tr.k - •R.. - -. I CERTIFY NAT I KNOW OR HAVE SATISFACTORY EVIDENCE NAT "ph I l (f) K t ze s IS THE PERSON WHO APPEARED BEFOG ME : AND SAID PERSON ACKNOWLEDGED THAT HE/SHE SIGNED THIS INSTRUMENT. ON OATH STATED THAT NF/SHF WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE 111(014N4'1 ♦< CF JUKWILA6. LLC. A WASHINGTON LIMITED I LABILITY CO, TO BE THE FREE AND VOLUNTARY ACT CF SUCH PARTY FOR NE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. t E A . 14 DATED: raIdilo ., ` Sb�kFl + r. 4 y 0 y �- G�d�L %�. � 'icu�t .4LtffIE = r <eP, �i AZURE) s , A unt \G 4- ,x771 1 1 " . 4 ,,, , . 29 -t 0 - r C5 9 I -I c 4 WAS % N rd - &' '- 1171E MY APPOINTMENT EXPIRES CITY TREASURER'S CERTIFICATE:.:' (ONLY REQUIRED IF LAND IS TO BE DEDICATED TO THE CITY) - - -- _ THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS, AND ALL - SPECIAL - ASSESSMENTS ON ANY OF THE PRCPERT3' THAT IS DEDICATED AS STREET, ALLEYS OF FOR OTHER PUBUC USES FRE PAID IN FULL • EXAMINED AND APPROVED BY THECITY OF TUKWILA.fINANCE DEPARTMENT THIS DAY OF 20 FINANCE DIRECTOR COUNTY TREASURE12'S.CERIIFICATE: I CERTIFY NAT ALL PROPERTY TAXES .ARE PAID AND THAT A DEPOSIT KAS BEEN MADE IN SUFFICIENT AMOUNT TO THE TAXES FOR THE FDLLOWING YEAR; NAT THERE ARE NO DELINQUENT SPEOAE•AS6tSMENTS CERTIFIED . SE TO THIS OFFICE FOR COLLECTION; AND THAT ALL SPECIAL ASSESSMENTS ON .' ANY OF THE PROPERTY HEREIN DEDICATED AS STREETS, ALLEYS OR FOR • OTHER PUBUC USES ARE PAID IN FULL THIS DAY OF 20 DEPUTY KING COUNTY ASSESSOR KING COUNTY ASSESSOR COUNTY ASSESSOR'S CERTIFICATE: 35`ITM - C<'; 1 EXAMINED AND APPROVED BY THE DEPARTMENT OF ASSESSMENTS THIS 7 I \D )1a2 AY OF i1'\ - 20 ao T� N 06k - 1 EL'. /' •ij "�iM.(�1E1,1 DEPUTY KING COUNTY ASSESSOR TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL: REVIEWED AND APPROVED BY THE SHORT SUBDIVISION CO0}M.1MITTEE AND HEREBY CERTIFIED FOR FILING THIS .� 1 DAY OF Nt c+1:J -1 SIpN CHAIRMAN, SHORT SG BDIVI COMMITTEE SEATTLE -KING COUNTY HEALTH DEPARTMENT: (THIS IS ONLY REQUIRED IF LOTS ARE SERVED BY SEPTIC SYSTEMS) EXAMINED AND APPROVED BY THE SEATTLE -KING COUNTY HEALTH DEPARTMENT THIS DAY OF 20 • PUBUC WORKS DIRECTOR 11111111111111111111114111111 20090327900008 TUX /LAS LLC SPn 113.00 ,1F SURVEYS. ON PAGE(S) -" P006001 OF 002 0I/21,22009Y 12:2 ...v COUNTY, WASHINGTON. O ?„6 b �0 3 SUPERINTENDENT OF RECORDS 'OF YW� ', • • • • • • KING COUNTY ASSESSOR .•r NEW LEGAL IESCRIP11ONS: NEW LOT 1 LEGAL DESCRIPTION: THAT PORTION OF THE AFORESAID HEREINABOVE LEGALLY DESCRIBED ORIGINAL PARCEL OF LAND, DESCRIBED AS FOLLOW: BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF SAID ORIGINAL PARCEL; THENCE ALONG THE WEST UNE OF SAID ORIGINAL PARCEL SOUTH 0106'56' WEST. 20.00 FEET; THENCE ALONG A LINE PARALLEL VAN THE NORTH UNE OF SAID ORIGINAL PARCEL SOUTH 89'01'29' EAST, 200.00 FEET; THENCE SOUTH 01'06'56' WEST. 45.00 FEET; THENCE SOUTH 890119' EAST, 137.66 FEET; THENCE NORTH 3426'24' EAST, 77.29 TO THE SOUTHERLY MARGIN LINE OF SAID PORTION CONDEMNED BY THE CITY OF TUKWILA, SAID UNE BEING - A NON_ TANGENT CURVE HAVING A RADIUS OF 370,00 FEET, THE RADIAL CENTER OF WHICH BEARS SOUTH 3152'52" WEST; THENCE ALONG SAID CURVE NORTHO31,Y TO NE LEFT THROUGH A CENTRAL ANGLE OF 00'09 ID '31' FOR AN AfiC DISTANCE OF 1.02 FEET HE NO UNE: OF SAID ORIGINAL PARCEL; THENCE ALONG SAID LINE NORTH 89131'29' WEST, 379.24 -FtET TO THE POINT W:BEGINNINC .3TDATE IN THE COUNTY OF STATE CIF WASHINGTON. •. NEW LOT,2 LEGAL DESCRIPTION::. .,-.." , NAT P.6RTION OF THE 00RESAID HEMINABOVE LEGALLY DESCRIEIF�.•1.RIONAL PARCEL OF LAND.- DESCRipto -_. AS FNIOWC. - - . • BEGINNING AT THiEiAOSY WESTERLY NORTH WEST ,4ARNER' CF .SAJD ORIGINAL PARCEL:: :1HIENCE ALONG :11(E WEST LINE OE -SAID ORIGINAL PARCEL SOUTH 0106'56' W'ES .20.00 FEET; THENCE ALONG" A LINE PARALLEL WITH TH0 NORTH UNE OF SAID ORIGINAL PARCEL SOUTH 890129' EAST 200.00 FEET•,.:THENC6 :60UTH • - . WEST, 45.00 FEET TO THE TRUE OF BEGINNING; THENCE CONTINUING r -SOUnn1- .0106'66 51.00 FEET; THENCE SOUTH 890129' EAST, 125.00 FEET; .THENCE NORTH 09136'66.':EAST,- :12.32 FEET TO' THE BEGINNING OF A: CURVE HAVING OF 65.00 ET; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 3.7-19'28' FOR AN ARC DISTANCE OF 0:81 FEET; THENCE NORTH 342'26'24' EAST, 3.60 FEET TO 1-UNE BEARING SOUTH 8913128 EAST FROM THE TRUE PONT•1)F BEGINNING;'THENCE ALONG SAID LINE NORTH 18B131'2tl' WEST. 137.66 FEET TO NE TRUE' POINT OF BEGINNING, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • • - - NEW LOT 3 LEGAL DESCRIPTION: - -- -..: - - -- • T HAT PORTION OF THE AFORESAID HEREINABOVE LEGALLY DESCRIBED;ORIGINAL PARCEL' OF LAIC, DESCRIBED :: AS FOLLOWS • • BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF SAID ORIGINAL PARCEL; THENCE ALONG THE WEST LINE OF SAID ORIGINAL PARCEL SOUTH 0106'56' WEST 20.00 FEET; THENCE ALONG A ONE PARALLEL WITH THE NORTH UNE OF SAID ORIGINAL PARCEL SOUTH 8901'29' EAST 200.00 FEET; THENCE "SMITH 0106'56' WEST. 96.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 010656' WEST, :54.00 FEET TO THE SOUTH UNE OF SAID ORIGINAL PARCEL; THENCE ALONG SAID LINE SOUTH 8901'29': EAST, 145.00 FEET; THENCE NORTH 0106'56' EAST, 54.00 FEET TO A LINE BEARING SOUTH 8910129' EAST FROM.THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE NORTH 8901'29' WEST. 145.00 FEET TO THE TRUE POINT OF BEGINNING, SITUATE•.IN THE COUNTY OF KING, STATE OF WASHINGTON. NEW VD7 4 LEGAL DESCRIPTION: THAT PORTION OF THE AFORESAID HERENABOVE LEGALLY DESCRIBED ORIGINAL PARCEL OF LAND, DESCRIBED -.''BEGINNING THE MOST WESTERLY NORTHWEST CORNER CF SAID ORIGINAL PARCEL; THENCE ALONG THE WEST UNE OF SAID ORIGINAL PARCEL SOUTH 0106'56' WEST 20.00 FEET; THENCE ALONG A LINE PARALLEL II6TH THE NORTH LINE. OF SAID ORIGINAL PARCEL SOUTH 89'01'29' EAST 200.00 FEET; THENCE SOUTH - :0106'56' WEST ,18d.00 FEET -I° THE SOUTH: UNE OF SAID ORIGINAL PARCEL; THENCE ALONG SAID LINE SOUTH 890129' EAST, 14S43O FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0106'56' EAST, 66.27 FEET:TO NE BEGINNING OF A CURIE HAVING A RADIUS OF THENCE ALONG SAID CURVE TO THE RIGHT THROUQI , CENTRAL ANGIE OF 331B'28' FOR AN ARC DISTANCE OF 26.17 FEET; THENCE NORTH jR26'24' EAST; FEET TO'-1HE SOUTHERLY MARGIN LINE OF SAID PORTION CONDEMNED BY THE CITY OF•TUKWILA, SAO UNE BEING A...0 URVE HAVING A RADIUS OF 370.00 FEET, THE RADIAL CENTER DE WHICH BEARS •90UTH 34'58'44' WEGI(; THENCE SOUTHERLY AND EASTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF•A23'41' FOR AN ARC.DISTANCE OF "-4.84 FEET TD THE EAST ONE OF ORIGINAL PARCEL; THENCE ALOL:IG'SAID UNE SOVH 0106'56' WEST, 137.93 PEEET TO THE'SOUTH 0: CF -SAID ORIGINAL PARCEL, THENCE ALONG SAID UNE NORTH 89'01'29' WEST : 80. FEET TO' THE TRUE - POINT OF :: - • SITUATE IN THE COUNTY OF KING, STATE OF WA.91INGTON. , • NEW TRACT 'A' LEGAL DESCRIPTION: :'• : • - .•- THAT PORTION OF THE AFORESAID HERONABOVE LEGALLY DESCRIBED ORIGINAL. PARCEL OF LAID, DESCRIBED AS FOLLOWS: , .. ' BEGINNING AT THE MOST WESTERLY NORTHWEST CORNER OF SAID ORIGINAL- PARCEL; THENCE ALONG THE,' • WEST LINE OF SAID ORIGINAL PARCEL SOUTH 01'06'56' WEST 20.00 FEET; - THENCE ALONG A UNE PARALLEL WITH THE NORTH LINE OF SAID ORIGINAL PARCEL SOUTH 89 '01'29' EAST 200:00 FEET; THENCE SOUTH 01 '06'56' WEST, 96.00 FEET; THENCE SOUTH 89 '01'29' EAST, 125.00 FEET TO THE. TRUE PONT' BEGINNING; THENCE NORTH 0106'56' EAST, 12.32 FEET TO PIE BEGINNING OF A CURVE•ITAVING'A RADIUS OF 65.00 FEET; THENCE ALONG SAID CURVE TO THE RICHT THROUGH A CENTRAL ANGLE OF 33:18'28' FOR . AN ARC DISTANCE OF 37.81 FEET; THENCE NORTH 3426'24' EAST, 80.88 FEET TO THE SOUTHERLY MARGIN: • LINE OF SAID PORTION CONDEMNED BY THE CITY OF TUKWILA, SAID UNE BONG A CURVE HAVING A RADIUS OF 370.00 FEET, THE RADIAL CENTER CF WHICH BEARS SOUTH 3152'52' WEST; THENCE SOUTHERLY AND EASTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 3•5'52' FOR AN ARC DISTANCE OF 20.00 FEET; THENCE SOUTH 342624' WEST, 81.24 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 4500 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 3319'28' FOR AN ARC DISTANCE OF 26.17 FEET; THENCE SOUTH 0106'56' WEST, 12.27 FEET TO A UNE BEARING SOUTH 89 '01'29' EAST FROM THE TRUE POINT CF BEGINNING THENCE ALONG SAID LINE NORTH 89 '01'29' WEST 20.00 FEET TO THE TRUE PONT OF BEGINNING. SITUATE IN 1HE COUNTY OF KING, STATE OF WASHINGTON. LAND SURVEYOR'S CERTIFICATE: I, KENNETH R. ANDERSON. 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 THEREON CORR CTLY, AND THAT MONUMENTS OTHER THEN THOSE MO •PRO OR SETTING AT A LATER DATE, HAVE BEEN SET D t THE GROUND AS C'•ICTED ON THE PLAT. NNETH '. ANDERSON P.LS. 3 T.eP ao01 CERT1 CATE NO. 29267 CITY OF TUKWILA, KING COUNTY, INGTON ORIGINAL LEGAL DESCRIPTION: SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. FOUND 1 -1/2' : BRASS DISK WITH PUNCH MARK- IN 4x4 CONCRETE MONUMENT-1N DOWN : VISITED 2/6/06: • CALCULATED MONUMENT - ,1;1� POSI1IQN PER RdS #9903109001 • (( KENNETH R. ANDERSON AND ASSOCIATES. INC. Surveying, Mapping and Land Planning 1720 South 341st Rat, Suite C-4 Federd Way, Washington 98003 Dee Moines (253) 838 -1199 Taoano (253) 272 -9858 FAX (253) 838 -8164 E-Mot malOande,mlart.eyora.aam THAT PORTION OF THAT PORTION OF TRACT 5, INTERURBAN ADDITION. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF NE EAST LINE OF 59TH AVENUE SOUTH AND THE ADJUDICATED UNE BETWEEN TRACTS 4 AND 5 OF SAID ADDITION, SAID UNE WAS FIXED AND ESTABLISHED BY KING COUNTY SUPERIOR COURT CAUSE NO. 129565; THENCE SOUTH 0129'40' WEST, 20 FEET, ALONG THE EAST UNE OF SAID AVENUE; THENCE SOUTH 8648'20' EAST, 200 FEET, ON A UNE PARALLEL WITH SAID ADJUDICATED UNE; THENCE SOUTH 0129'40' WEST, 150 FEET; THENCE SOUTH 88 EAST, 225 FEET; THENCE NORTH 0129'40' WEST, 170 FEET TO SAID ADJUDICATED UNE; THENCE WEST, ALONG SAID ADJUDICATED LINE, 425 TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONDEMNED BY THE CITY OF TUKWILA IN KING COUNTY SUPERIOR COURT CAUSE NO. 733565; FOUND BRASS PIN IN CONCRETE S. 147TH ST . TIT MONUMENT IN CASE, 1.0' DOWN '- I j o NBB'1Er5 E 651.6 (C 651.69 R1j N89'D1'29'W FOR: TUKWILA 6, LLC. ' -'- .., 19541 183RD WAY SE '- RENTON, WA 98058 VICINITY MAP SCALE: 1' =1 4 MILE R= 200.00. L= 134.58 -'•`' •:.. • l 1 1!38'33'13•_ I I •_. FOUND 1- 1 /2'. - ' RASS DISK WITH PUNCH MARK IN 4x4 CONCRETE MONUMENT IN''CASE, 0.7'• TED 2/8/06 • 6� 0 U .• FOUND 1 -1/2' BRASS DISK WITH PUNCH • Ss ,4 MARK IN 4x4 CONCRETE MONUMENT IN CASE, \Oy 0.6' DOWN �p� E - . '.... VISITED 2/6/06 R= 400.00 L= 265.42 1 ti =38'O1'D5' FOUN 2' I SURFACE BRASS DISK WITH PUNCH MARK VISITED 2/6/06 a 11 - - - - �20' I , HCONTROL D i i; :• FOUND 1-::I/2' BRASS -:.. ��^ w g DISK 'MN- UN n V1 w MARK IN :-4x4 P.,p - ; • i ',°n' m N m CONCRETE MONUMENT ' ;Z T � 1� m o - . " IN•C A SE, 0; DOWN co . S ° •6 0, VISITED 2/6/06 `J . - k . CITY :,OF•'TUKWILA SHORT PLAT RECORDING INFORMATION: SW 1/4 OF THE NE 1/4 & NW 1/4 OF THE NE 1/4, SEC. 23- 23N -04E FOUND 1 - 1/2' BRASS DISK IMTH PUNCH MARK IN 4x4 CONCRETE MONUMENT IN CASE, 0.6' DOWN VISITED 2/6/06 DATE 3/26/200D...: SCALE: N /A:: DRAWN BY: .. CHECKED B`1: FOUND 1 -1/2' BRASS DISK WI711 PUNCH MARK IN 4x4 CONCRETE MONUMENT IN CASE, 0.7' DOWN VISITED 2/6/06 PROJECT No. 06 - 004 :: LAYOU'f-19.. SHEET OF 2