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Permit L08-064 - JALALYAR MOHAMMAD - SHORT PLAT
RATHIDA SHORT PLAT 11829 - 44"` PL L08 -064 • city of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF DECISION January 12, 2009 Mohammad K. Jalalyar 1954 Union Ave NE Renton, WA 98059 Subject: L08 -064 Rathida Short Plat 11829 44t Place South Dear Mr. Jalalyar: The Short Subdivision Committee has completed review of your short plat application (No. L08- 064), and determined that it complies with all applicable City code requirements. The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. This letter serves as the Notice of Decision per TMC 18.104.170. Based on the latest project submittal, preliminary approval is granted subject to the conditions stated below. There are three basic steps in the short plat approval process: 1. Preliminary Approval This letter constitutes your preliminary approval. The application was reviewed by the Tukwila Short Subdivision Committee and approved with conditions. The conditions imposed are to ensure the short plat is consistent with the Criteria for Preliminary Approval listed at TMC 17.12.020 C in the Tukwila Subdivision Code. Conditions of Preliminary Approval 1. The existing shed needs to be removed prior to final approval. Tukwila Municipal Code does not allow structures that are not an accessory structure to a home on a vacant lot. SM Page 1 of 5 HAL08 -064 Rathida Short PIat\L08 -064 NOD - Short Piat.doc 01/08/2009 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 a Fax: 206 - 431 -3665 • 2. Provide a draft copy of Private Ingress/Egress & Utility Easement and Maintenance Agreement. (1) 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. Revise short plat map sheets 1 thru 4, per red -lined comments — enclosed. 4. Label size of new water meter and service line on Civil plan sheet. 11 5. Storm drainage for downspouts, driveway, and foundation drain (if applicable); shall be designed to infiltrate and then overflow to the existing storm drainage system. Show and label on -site infiltration system and connection to Public system. There is an existing drainage system located on the East side of 44`h Place South. (See sample enclosed). 6. Infiltration system may be designed with a trench(s) or drywell(s) per King County Surface Water Design Manual —1998. 7. Provide, as applicable, additional information on your site plan. See sample plan for Doak Homes - enclosed. a) Provide notes on Civil plan sheet — visit City of Tukwila web -site. b) Provide an Erosion Control Plan. c) Provide spot elevations / new contours as needed. d) Provide drainage flow arrows. e) Provide driveway cross - section. 8. Provide note on plan that sanitary side sewer cleanouts shall be installed to finished ground level. Miscellaneous Comments 1. The applicant shall apply for a Public Works (PW) type `C' permit for approval. 2. All utilities including power are required to be underground, per City of Tukwila ordinance. 3. A Flood Control Elevation Certificate will be required for the new house, as part of the Building Permit submittal. See sample Elevation Certificate — enclosed. 4. Allentown Water connection fee in the amount of $5,555.20 and Sanitary Sewer connection fee in the amount of $10,189.20 applies to the future house on new Lot 2. 5. Cascade Water Alliance fee applies to future house on new Lot 2 — see Bulletin Al enclosed. SM Page 2 01/08/2009 H:U.08 -064 Rathida Short PIat\L08 -064 NOD - Short Plat.doc • 6. Transportation Impact Fee applies to the future Building Permit. See Pavement Mitigation and Transportation Impact Fees Bulletin no. A3 — enclosed. 7. Eaves and gutters deeper than 18" cannot encroach into the required yard setbacks. Appeals This short plat approval decision is appealable to the Hearing Examiner. One administrative appeal of the decision on the short plat, excluding challenges to the DNS, is permitted. If no valid appeals are filed within the time, limit the decision of the Department will be fmal. In order to appeal the decision a written notice of appeal must be filed with the Department of Community Development within 21 days of the issuance of the Notice of Decision (02/02/2009). The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. Appeal materials shall include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee of $115 in LDR. Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The Hearing Examiner's decision on the appeal is the City's final decision. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision pursuant to the procedures and time limitations set forth in RCW ch. 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. SM Page 3 01/08/2009 H:1L08 -064 Rathida Short PIat1L08 -064 NOD - Short Plat.doc • • 2. Final Approval The next step is to comply with the conditions of approval and submit the necessary short plat documents (survey, legal descriptions, hold harmless agreement, and other required paper work). The surveyor's original signature is required on the face of the survey. All taxes and fees assessed against the property must be current prior to final approval. Please check with the King County Assessor's Office and the City of Tukwila Finance Department prior to submitting final documents. After the documents have been found to be in order, and the all of the requirements of the short plat have been met, the Chair of the Short Subdivision Committee signs your short plat which constitutes a grant of final approval. Expiration The final approved short plat must be filed with the King County Department of Records by January 12, 2010, one year from the date of this preliminary approval or the application will expire. The City may grant a single one year extension if requested in writing prior to the expiration date. 3. Recording The signature of the Chairman of the Short Subdivision Committee certifies that your short plat application is ready for recording. It is your responsibility to record the City approved short plat documents with the King County Department of Records. You will need to pay the recording fees and submit your approved original short plat to King County. The short plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. After recording, the County returns the recorded original to the City of Tukwila within 4 -6 weeks, at which time your short plat is considered complete. You can shorten this processing time by hand - delivering a copy of the recorded short plat to the project planner. In many circumstances, building permits on the short platted property may not be issued until a copy of the recorded short plat (or original) is returned to the Department of Community Development. If you have any questions about this matter please direct them to the project planner, Stacy MacGregor at 206 -433 -7166 or SMacGregor@a,ci.tukwila.wa.us. Sincere! ack Pace Chair, Short Subdivision Committee SM Page 4 01/08/2009 H: \L08 -064 Rathida Short Plat \L08 -064 NOD - Short Plat.doc • • Enclosed: Red - lined: short plat map sheets 1 thru 4 Private Ingress/Egress & Utility Easement Agreement sample Application and Sample: Elevation Certificate Right -of -Way Hold Harmless Agreement Public Works Bulletin Al : Permits and Fees Public Works Bulletin A2 Worksheet: Type C fees Public Works Bulletin A3: Pavement Mitigation and Traffic Impact Fees Public Works Bulletin A8: Allentown Flood -Prone Area Designation City of Tukwila Allentown Water and Sewer Improvements for info only Doak Homes Site Drainage Plan Sample cc: Jim Morrow, Public Works Director (please initial your approval) Nick Olivas, Fire Chief 4H3" se initial your approval) Dave McPherson, Development Engineer Rathida Phimviengkham, Owner King County Assessor, Accounting Division Department of Ecology, SEPA Division L08 -064 SM Page 5 12/23!2008 H:\L08 -064 Rathida Short Plat \L08 -064 NOD - Short Plat.doc �J�vJ I LA lyq� Citytf Tukwila Department of Community Development Jim Haggerton, Mayor (SENT VIA EMAIL TO KAZIM MRK @YAHOO.COM No mailed copy to follow.) MEMORANDUM July 10, 2009 Mohammad K. Jalalyar 1954 Union Ave NE Renton, WA 98059 Subject: L08 -064 Rathida Short Plat 11829 44t Place South Dear Mr. Jalalyar: Jack Pace, Director This memo is in reference to the final short plat you submitted on July 6, 2009. I reviewed your submittal against your preliminary approval and also routed it to the Public Works Department. It is not ready for fmal signatures yet. Please address the following comments and submit four revised sets of plans for routing and final signatures. One of those plan sets may be a fmal plan set, wet - stamped to be recorded. Prior to routing and fmal signature please address the following" 1. Obtain final approval of the PW permit for infrastructure improvements (PW09 -019). 2. On sheet 3, remove the shed from the drawing. Make no reference to it. 3. On sheet 4, show the building setback lines back on the drawing as shown on the preliminary approval letter. 4. Revise short plat map sheets 1 and 4, per red -lined comments. (See portions of sheets 1 and 4 — enclosed.) 5. Record at King County a Private Ingress/Egress & Utility Easement and Maintenance Agreement for the benefit of the new Lot 2. The 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 enclosed.) 6. Record at King County a Private Sanitary Sewer Easement and Maintenance Agreement for the benefit of the new Lot 2. The 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 enclosed.) 7. NOTE - The enclosed easements are `Draft Only' and the Owner should revise as needed for their Short Plat. Miscellaneous Comments 1. A Flood Control Elevation Certificate will be required for the new house, as part of the Building Permit submittal. See sample Elevation Certificate — enclosed 2. Allentown Water connection fee in the amount of $5,555.20 and Sanitary Sewer connection fee in the amount of $10,189.20 applies to the future house on new Lot 2. 3. Cascade Water Alliance fee applies to future house on new Lot 2 — see Bulletin Al enclosed. 4. Transportation, Fire, and Parks Impact Fees apply to the future Building Permit SM Page 1 of 2 H: \Complete projects\L08 -064 Rathida Short Plat\L08 -064 Memo for Final.doc 07/10/2009 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 - 431 -3665 Expiration The final approved short plat must be filed with the King County Department of Records by January 12, 2010, 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. If you have any questions about this matter please direct them to the project planner, Stacy MacGregor at 206 - 433 -7166 or SMacGregor@ci.tukwila.wa.us. Sincerely, Signature on file Stacy MacGregor Assistant Planner Enclosed: Red - lined: short plat map sheets 1 & 4 Private Ingress/Egress & Utility Easement Agreement samples cc: L08 -064 SM Page 2 of 2 07/10/2009 H: \Complete projects1L08 -064 Rathida Short Plat\L08-064 Memo for Final.doc TRANSMITTAL LETTER Hansen Surveying r °,15) 17420 116th. Ave. S.E. Renton, WA 98058 May 02 2011 COMMUNs�T Tel: 425 - 235 -8440 pEVELOPN'� Fax: 425 - 235-0266 SEND TO Company name CITY OF TUKWILA DEPT. OF COMM. DEV. Attention BRANDON MILES Office location �Yr From RICK FARRELL Date 5/2/2011 Office location Fax number 17420 116th. Ave. S.E., Renton, Washington 98058 Phone number 425 -235 -8440 ❑ Urgent ❑ Reply ASAP ❑ Please comment © Please review © For your Information Total pages, including cover. COMMENTS .�' Y rvH'}�'.1 't .e'kn'l J,vY air /�(huy.'• r?i t.'zY,6".:rf`�rY+�.3 -e 'AY :41A•74. ,;o t�;, '-. ENCLOSED PLEASE FIND 4 COPIES OF THE REVISED SHORT PLAT MAP FOR THE ARMEN HOVHANNISYAN SHORT PLAT (L08 -063) FOR YOUR REVIEW. ALSO ENCLOSED ARE DRAFT COPIES OF THE VARIOUS EASMENTS ON AND OFF SITE THAT WILL NEED TO BE RECORDED WITH KING COUNTY FOR YOUR REVIEW AS WELL. PLEASE CALL IF YOU HAVE ANY QUESTIONS. THANK YOU. RICK FARRELL CITY OF TUKWILA, WASHINGTON ARMEN HOVHANNISYAN SHORT PLAT FILE NO.: L08- 063 DECLARATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS. IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED. DO HEREBY MAKE A SHORT SUBDIVISION THEREOF PURSUANT TO RCW 58.17.060 AND ACKNOWLEDGE THAT SAID SUBDIVISION SHALL NOT BE FURTHER DMDED IN ANY MANNER WITHIN A PERIOD OF FIVE YEARS. FROM DATE OF RECORD. WITHOUT FILING OF A FINAL PLAT. THE UNDERSIGNED FURTHER DECLARES THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SHORT SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS. ARMEN HOVHANNISYAN State of Washington ) County of King I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Signature of Notary Public Doted My appointment expires CITY OF TUKWILA APPROVALS REVIEWED AND APPROVED BY THE SHORT SUBDIVISION COMMITTEE AND HEREBY CERTIFIED THIS DAY OF 20 . CHAIRPERSON, SHORT SUBDIVISION COMMITTEE DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED T1115 DAY OF 20 . ASSESSOR DEPUTY ASSESSOR ACCOUNT NUMBER VICINITY MAP (NOT TO SCALE) ZONING INFORMATION SUBJECT PROPERTY IS LOCATED IN A LDR (LOW DENSITY RESIDENTIAL) ZONE PER CITY OF TUKWILA ZONING MAP. 1 LOT AREA. MINIMUM AVERAGE LOT WIDTH (MIN. 20 FT. STREET FRONTAGE WIDTH), MINIMUM MINIMUM FRONT YARD SETBACK MINIMUM FRONT YARD SETBACK (DECKS OR PORCHES) MINIMUM SECOND FRONT SETBACK MINIMUM SIDE SETBACK MINIMUM REAR SETBACK HEIGHT. MAXIMUM 6,500 S0. FT. 50 FEET 20 FEET 15 FEET 10 FEET 5 FEET 10 FEET 30 FEET NOTES a. b. c. THE CITY OF TUKWILA HAS NO RESPONSIBILITY TO BUILD. IMPROVE, MAINTAIN OR OTHERWISE SERVE THE PRIVATE ROAD OR STORMWATER FACIUTIES LOCATED WITHIN THIS SHORT PLAT AREA. THE SITE DEVELOPMENT PLAN SHALL COMPLY WITH GEOTECHNICAL ENGINEERING REPORT, BY E3RA. INC., DATED FEBRUARY 9. 2009 AND SUBSEQUENT GEOTECHNICAL REPORTS. FUTURE CONSTRUCTION ON LOT 1 OF THIS SHORT PUT SHALL COMPLY WITH THE CITY'S NON— CONFORMING STRUCTURE REQUIREMENTS. NEW LOT AREAS LOT 1 LOT 2 TOTAL 7.033 S.F. OR 0.16 Ac. +/- 7,042 S.F. OR 0.16 Ac. +/- 14,075 S.F. OR 0.32 Ac. +/— LOT ADDRESSES LOT 1 LOT 2 13222 37TH AVE. S., TUKWILA. WA 98168 13220 37TH AVE. S., TUKWILA, WA 98168 RECORDING NO. VOL./PAGE SCALE: N/A PORTION OF THE N.W. 1/4 & S.W. 1/4, N.W. 1/4, SEC. 15, TWP. 23 N., R 4 E., W.M. ORIGINAL LEGAL DESCRIPTION EASEMENTS AFFECTING SUBJECT PROPERTY PER LANDAMERICA TRANSNATION SUBDIVISION GUARANTEE ORDER No. 30010294, DATED JUNE 20. 2008. THAT PORTION OF TRACT 60, RIVERSIDE INTERURBAN TRACTS. ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 18 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE WEST LINE OF SAID TRACT 60. 88.825 FEET NORTH OF THE SOUTHWEST CORNER THEREOF: THENCE CONTINUING ALONG SAID WEST LINE 88.825 FEET; THENCE NORTH 89'48' EAST TO A POINT WHICH IS NORTH 89'48' EAST 188.645 FEET AND NORTH 0'00'43' WEST 177.65 FEET FROM SAID SOUTHWEST CORNER; THENCE SOUTH 0'00'43' EAST B8.825 FEET; THENCE SOUTH 89'48' WEST 188.46 FEET TO THE POINT OF BEGINNING; EXCEPT THE WEST 30 FEET THEREOF. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PROPERTY ADDRESS: 13222 37TH AVE. 5., TUKWILA, WASHINGTON 98168 TAX PARCEL NO.: 7340600925 NEW LOTS LEGAL DESCRIPTIONS LOT 1 LOT 1 OF CITY OF TUKWILA SHORT PLAT L_ —__ RECORDED UNDER KING COUNTY RECORDING NUMBER RECORDS OF KING COUNTY, WASHINGTON. SUBJECT TO AND /OR TOGETHER WITH EASEMENTS OF RECORD. LOT 2 LOT 2 OF CITY OF TUKWILA SHORT PLAT L_ —_ RECORDED UNDER KING COUNTY RECORDING NUMBER RECORDS OF KING COUNTY. WASHINGTON. SUBJECT TO AND /OR TOGETHER WITH EASEMENTS OF RECORD. EASEMENT TABLE EASEMENTS AFFECTING SUBJECT PROPERTY PER LANDAMERICA TRANSNATION SUBDIVISION GUARANTEE OROER No. 30010294. DATED JUNE 20, 2008. ITEM NO. RECORDING N0. NOTE 5 — COVENANTS. CONDITIONS. RESTRICTIONS. EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY RIVERSIDE INTERURBAN TRACTS (NOT LOCATABLE) 6 2991900 PRIVATE ROADWAY EASEMENT (SHOWN HEREON) 7 9008200765 SEWER EASEMENT (SHOWN HEREON) ter 02 20111 COMMUNITY OEVELOPD1EU RECORDER'S CERTIFICATE FILED FOR RECORD THIS DAY OF 20 AT M. IN BOOK OF AT PAGE AT THE REQUEST OF MANAGER SUPT. OF RECORDS LAND SURVEYOR'S CERTIFICATE THIS SHORT PLAT CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REOUIREMENTS OF THE APPROPRIATE STATE AND COUNTY STATUTES AND ORDINANCES IN APRIL. 2008. RODNEY G. HANSEN CERTIFICATE N0. 21464 HANSEN SURVEYING LAND SURVEYORS & CONSULTANTS 17420 118TH AVE 3.E, RENTON, WA 98058 TEL 425- 295 -8440 FAX: 425- 235 -0288 LATEST REVISION: 04/26/11 ARMEN HOVHANNISYAN SHORT PLAT 13222 37TH AVE S, TUKWILA, WA 98168 DWN BY RF DATE 04/23/08 JOB NO. 20814 CHKD BY RGH. SCALE N/A SHEET 1 OF 2 CITY OF TUKWILA, WASHINGTON ARMEN HOVHANNISYAN SHORT PLAT FILE NO.: L08 -063 =ND. IRC #23604 006' 0 03' E 30' N 8644'40" E `FOUND MON. IN CASE oSIYE0 1 2/1 2/05 30' L2 _ • 1i z_ g PRIVATE ROAD .0561T lo K.0 REC. No. 2991900 O m m W 770.66' (770.69' -JRE) FOUND MON. IN CASE VISITED 12/12/05 TYPE IV %- STREAM FNO. IRC #23604 K.0 REC. No. 0 '' 0' S PRIVATE WATER ESM'T. 1 S/ �I 79.18' S 89'17'51' 0090. WALL CONCRETE CULVERT PRIVATE STORM ESMT, K.C. REC. No 158.46' (158.645'- DESC.) 5' SIDE BSBL 50' STREAM SETBACK UNE 2' m N EXIST. z HOUSE 0I ob �1 1. z ! -2 1 52 _I a 53 I -- o-F S4 '> 1 10' I 55' 1 o ▪ 'I 'Dg LOT 1 E0,1 w 7,033 S.F. m 3 I OR 0.16 Ac. +/- n ▪ I 2 "RIVATE INGRESS /EGRESS & JTILITIES EASEMENT O z C K C REC No. ,- 12' SIDE 858L / __ _ 04 E2 _.) E3- 79.18' E6 m IV m W m r in n 30' o 30' 2 U-1 30.00' 1i 5 a N W 8 FOUND MON IN CASE wsrrED 04/10/08 N i Lo 10' 79.28' 20' FRONT BS RECORDING NO. VOL. /PAGE SCALE: 1 inch = 20 tL. 0' 20' 40' PORTION OF THE N.W. 1/4 & S.W. 1/4, N.W. 1/4, SEC. 15, TWP. 23 N., R. 4 E., W.M. =ND 1' 0/S IRC #17669. #18082 0.87' 5 0.26' w / I r / / 1 J / / I _/ J / 10' WIDE PRIVATE - SEWER EASEMENT K.C. REC. No. .m m I2 m O M, I- LOT 2 7,042 S.F. OR 0.16 Ac. +/- 4' HOGWIRE FENCE 5' SIDE BSBL -.\\N} 79.28' 11� 1 -1 - - -J /5'/ / / / / 5' EXIST. HOUSE �6' VINYL FENCE 10' SAN. SEWER ESM'T REC. #9008200765 FENCE 0.2' W 1.1' S LOT 1 5' STORM DRAIN EASEMENT K.C. REC. No. 20070208001137 S 8617'51' E 5 89'17'51 E EXIST. '-07 HOUSE /j PRIVATE SANITARY SEWER ESMT. K.C. REC. No. o ` PRIVATE INGRESS /EGRESS ESA'T. K.C. REC. No. I 10' WATER LINE EASEMENT K.C. REC. No. 20070524001993 LOT 1 15' INGRESS. EGRESS AND 411L(1Y ESM'T. K.C. REC No. 200705240O1994 10' N 5' PRIVATE STORM DRAIN ESM7. K.C. REC. No 20070524001991 & REC No. PRIVATE SANITARY SEWER ESMT. I K.C. REC. No. 20070524001992 LOT 2 158.65' -CALL & DESC. (S. UNE TRACE 60 RIVERSIDE INTERURBAN TRACTS PER CASCADE GLEN PUT) ' I S 89'17'51' E 227.28' 5' 68.35' (68.85' -REC SP) Q.'C 0.4'CE 000 ° S's`9 p 0A OF �ZO 20� FND IRC # 21464 LOT 2 68.63' (68.65' -REC SP) N 00'37'49" E 1" = 20' 0' 20' 40' Ingeisan BASIS OF BEARINGS IS THE PLAT OF CASCADE GLEN, REC. No. 20030529003335 TOTAL SITE AREA 14,075 S.F. OR 0.32 Ac. +/- LEGEND 44 = SECTION CORNER 1 = QUARTER CORNER 0 = FND. MON. IN CASE 0 = 090. PROP. COR. AS NOTED • = 1/2' I.R. W /CAP #21464 TO BE SET e = TACK IN LEAD TO BE SET REFERENCE SURVEYS: PLAT OF CASCADE GLEN V.214/15 -18 SHORT PLAT REC #20070606900002 SHORT PLAT REC #20060208900004 RIVERSIDE INTERURBAN TRACTS V. 10/74 SURVEY REC# 8106309001 LINE TABLE UNE BEARING DISTANCE L1 S 89'17'51' E 30.00' L2 S 89'17'51" E 30.00' EASEMENT LINE TABLE UNE BEARING DISTANCE E1 N 00'53'21" E 9.00' E2 5 89'17'51" E 40.00' E3 N 00'53'21" E 3.00' E4 S 89'17'51" E 39.18' 05 S 0053'21' W 12.00' E6 S 89'17'51' E 95.84' E7 S 31'19'56" W 8.65' E8 5 89'43'46" W 91.47' E9 N 00'53'21' E 9.00' STREAM BUFFER LINE TABLE LINE BEARING DISTANCE S1 S 69'52'41" E 29.57' 52 N 79'43'19" E 33.82' S3 N 85'34'15" E 2.40' S4 5 71'33'29" E 8.88' S5 S 73'17'43" E 7.52' 77;7777) MAY 02 20111 DCOEVEL0PE MMUMTY EN'T C.0 d 0, HANSEN SURVEYING LAND SURVEYORS & CONSULTANTS 17420 116TH AVE. S.E., RENTON. WA 98058 TEL 425- 235 -8440 FAX 425 -255 -0288 LATEST REVISION. 04 /26/11 ARMEN HOVHANNISYAN SHORT PLAT 13222 37TH AVE S, TUKWILA, WA 98168 DWN BY RF DATE 04/23/08 JOB NO. 20814 CHKD BY RGH SCALE 1" = 20' SHEET 2 OF 2 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director August 6, 2009 Mr. Armen Hovhannisyan 13328 NE 70th St Redmond, WA 98052 RE: Preliminary Short Plat Approval 13222 37th Ave S L08 -063 Dear Mr. Hovhannisyan: The Short Subdivision Committee has completed their review of the above - referenced short plat application. Based on the City's review of your short plat submittal, short plat preliminary approval is granted subject to the conditions stated below. Background The subject property is located at 13222 37th Ave South. There is currently a single family house on the property. This existing structure does not comply with the City's front setback requirements. At this time the applicant has not proposed to remove the existing structure. Very steep slopes are located in the rear of the property and a type IV stream is located off - site, north of the subject property. The applicant submitted his original application on October 17, 2008. The application was deemed completed on October 23, 2008. The City issued its first correction letter on December 10, 2008. The applicant responded to the City's correction letter on March 5, 2009. The applicant's March 5th resubmitted information failed to provide information on ground ladder access as directed in the City's December 10, 2008 lettet. The applicant provided additional information on ground ladder access on June 9, 2009. There are three basic steps in the approval process, Preliminary Approval, Final Approval and Recording. These three steps and their requirements are described as follows: I. Preliminary Approval Preliminary approval is granted for site layout shown on the survey document prepared by Hansen Surveying date stamped March 5, 2009 by the City of Tukwila. The City has also reviewed the Civil Plans prepared by Ansety Engineering date stamped by the City as being received on March 5, 2009. The civil plans are acceptable for a conceptual overview Brandon -M Page 1 H: \Short Plats \Hovhannisyan, L08- 0631PRE- APPROVAL LETTER.doc 08/06/2009 6300 Southcenter Boulevard..Svite #100 • Tukwila. Wa.chinatnn OR1RR • Phnnp. 91fi_Q21.21571) • Pa v 2/)A_A21_2AAc of how required infrastructure will be installed, however complete plans will need to be submitted to the City's Public Works Department as part of the submittal package for the required Public Works permit. . Conditions of Preliminary Approval Common Improvements 1. The original plans submitted to the City on October 17, 2009 indicated that a side sewer line was located within the proposed building area for proposed lot 2. Prior to final approval the applicant shall relocate this side sewer line in order for it not to impact future home construction on proposed lot 2. 2. (For off- site.) Provide a draft copy of the Private Sanitary Sewer Easement, if revised sanitary sewer location is outside of existing easement K.C. Rec. No. 20070524001992 — previously enclosed. The Private Sanitary Sewer Easement should include language stating who will maintain the utility, and by what portion. 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. (Sample previously enclosed.) 3. Owner shall sign with Notary, a Sensitive Areas Ordinance Hold Harmless Agreement. Agreement will be recorded at King County, after Mayor signs the document. (Submit signed agreement at least ten (10) days prior to expected final short plat recording, as City must have time to process this document). (Draft agreement previously enclosed). 4. (For on- site.) Provide draft copy of Private 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. (Sample previously enclosed.) 5. (For on- site.) Provide a draft copy of the Private Sanitary Sewer Easement. The Private Sanitary Sewer Easement should include language stating who will maintain the utility, and by what portion. 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. (Sample previously enclosed.) 6. (For on- site.) Provide a draft copy of the Private Water Easement. 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. (Sample previously enclosed.) 7. In order to assist the City's Fire Department in responding to emergency calls, an address post, listing the address for lot two, shall be installed on 37th Ave South. 8. Please add the following notes to the face of the short plat: Brandon -M Page 2 H:1Short Plats\Hovhannisyan, L08- 0631PRE- APPROVAL LETTER.doc 08/06/2009 a. The City of Tukwila has no responsibility to build, improve, maintain or otherwise serve the private road or stormwater facilities located within this short plat area. b. Provide note on short plat that site development plan shall comply with Geotechnical Engineering Report, by E3RA, Inc., dated February 9, 2009; and subsequent geotechnical reports. c. Future construction on lot 1 of this short plat shall comply with the City's non- conforming structure requirements. 9. Driveway(s) shall be a maximum of 15% slope and provide for drainage. 10. Prior to final approval, the applicant shall insure that there is sufficient off - street parking for proposed lot #1. The off - street parking shall comply with the City's parking requirements and shall not hinder the movement of vehicles within the access easement for the short plat. 11. All utilities including power are required to be underground, per City of Tukwila ordinance. 12. Prior to final approval, the applicant shall verify the location of the stream buffer on proposed lot number 2. Informational Item 1. The Fire Marshal's Office has specific requirements for ground level access at required rescue windows. On June 3, 2009 a conceptual home design was submitted to the City that indicated how home construction on lot 2 would comply with the Fire Marshal's requirements. Please keep this requirement in mind for home construction on lot 2. Also, while a conceptual home design was submitted to the City on June 3, 2009, the City did not complete plan review of the proposed house. This short plat approval should not be construed to allow construction of the particular home depicted in the June 3`d submittal. Any homes constructed shall be subject to building permits and complete plan review submittal with review by the City. 2. The maximum permitted building height for any structures on the subject short plat area is 30 feet. The City uses the State Building Code definition of height which could present some issues with building on a property, such as the subject property, that contains sloped areas. 3. Please note the construction of retaining walls on the site may require a building permit from the City. Additionally, retaining walls taller than four feet must meet setbacks or comply with TMC 18.50.150. 4. The applicant is responsible for obtaining all required permits for all infrastructure improvements. Please note that when you submit the PW permit the elevation datum must be in NAVD 88. 5. For future Public Works permit; provide cross - sections across proposed driveway, profile along driveway, and spot elevations on plan sheet. Provide enough detail to verify that the driveway can be constructed, and meets Public Works standards. Brandon -M Page 3 H: \Short Plats \Hovhannisyan, L08- 063 \PRE - APPROVAL LETTER.doc 08/06/2009 6. For future Public Works permit; Civil site development plan shall show proposed location of other utilities as applicable; which may include power, gas, telephone, cable, etc. 7. The applicant shall apply for a Public Works (PW) type 'C' permit for approval. A Street Use, may be needed as part of this permit; and require bonding, insurance, and a Hold Harmless Agreement for work within the Right -of -Way. Plans shall be signed and stamped by a Washington State Licensed Engineer. 8. Transportation Impact Fee applies to the future Building Permit(s). Pavement Mitigation and Transportation Impact Fees Bulletin no. A3 previously provided. 9. An infrastructure design and construction standard manual, is available at the Public Works Department and on the City Web Site. Appeals This short plat approval or any condition placed in decision is appealable to the Hearing Examiner. One administrative appeal of the decision on the short plat is permitted. If no valid appeals are filed within the time limit the decision of the Department will be final. In order to appeal the decision a written notice of appeal must be filed with the Department of Community Development within 21 days of the issuance of the Notice of Decision (8/10/09). The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. Appeal materials shall include: 1 The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 4. Appeal fee as specified by the City's most current fee resolution. Any appeal shall be conducted as an open record hearing before the Hearing Examiner. The Hearing Examiner's decision on the appeal is the City's final decision. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision pursuant to the procedures and time limitations set forth in RCW ch. 36.70C. Brandon -M Page 4 08/06/2009 H: \Short Plats \Hovhannisyan, L08- 063\PRE- APPROVAL LETTER.doc Final Approval The next step is to install the necessary improvements and submit the necessary short plat documents in compliance with the conditions of approval. After the documents have been found to be in order and all requirements of the short plat have been met, the Chairman of the Short Subdivision Committee signs your short plat final plat which constitutes a grant of final approval. Please note that it will take up to four to six weeks to review the final short plat documents. You must ensure that all necessary documents are submitted to the City in adequate time to allow staff to review the final plat materials before expiration of the short plat. All inspections relating to public works improvements must be completed by the time of final approval. Required Documents for Final Approval 1. A new title report will be required when you submit for final approval. The title report must be dated within 45 -day of submitting for final approval and must show that the individuals on the signature blocks have title to the property subject of the short plat application. 2. Four copies of the final plat must be submitted. One of the copies must bear original signatures of the property owners and surveyor. Additionally, this copy must include the surveyor's original stamp. DO NOT FOLD THE FINAL SHORT PLAT MAP. 3. Copies of all common easements for the short plat. Ensure that the documents comply with King County Recorder's requirements. Survey Documents 1. The final short plat document shall meet the recording requirements of the King County Recorder's Office. 2. The original notarized signatures of all property owners must be on the face of the plat. All lots shall be assigned an address and shown on the final plat. 3. Show all new easements on the short plat. 4. The zoning setback lines for lot 2 meet code, however they are incorrect. The zoning setback from the south and north property lines are five feet. 5. Revise sheets 1 and 2 of 2, as applicable —see redlined plan sheet enclosed. Recording It is your responsibility to record the City approved short plat documents with the King County Department of Records. The short plat is not complete until the recording occurs and copies of the recorded documents are provided to the Department of Community Development. Brandon -M Page 5 H: \Short Plats \Hovhannisyan, L08- 063 \PRE - APPROVAL LETTER.doc 08/06/2009 After recording, the County retums the recorded originals to the City within four to six weeks at which time your short plat is considered complete and you can obtain individual building permits for each lot. You can shorten this process by hand delivering a copy of the recorded short plat to the Department. Do not fold or bend the final short plat map that will be recorded with King County. Expiration The final short plat must be filed with the King County Department of Records by July 21, 2010 exactly 12 months from the date of this preliminary approval or the application will expire. Please keep this date in mind in the coming months. The City is in no way obligated to remind you of this expiration date. The City may grant one extension of not more than twelve months. The request for an extension must be made in writing and must be submitted to the City prior to the expiration of the short plat. If the short plat approval expires, subsequent development permits that are related to the short plat shall also expire and any vesting will be lost. If you have any questions, please call Brandon Miles at (206) 431 -3684 or send an email to bmiles(ci.tukwila.wa.us. Sincer ck Pace, Director hair, Short Plat Committee cc. Jim Morrow, Public Works Director (initial y�p rovaI 1' 1 ) Nick Olivas, Fire Chief (initial your approval c-1A ) Don Tomaso, Fire Marshal Dave McPherson, Public Works Engineer Brandon J. Miles, Senior Planner File (L08 -063) Brandon -M Page 6 H:1Short Plats\Hovhannisyan, L08- 0631PRE- APPROVAL LETTER.doc 07/22/2009 Cizy of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION November 12, 2008 Mohammad K. Jalalyar 1954 Union Ave NE Renton, WA 98059 Subject: Rathida Short Plat, L08 -064 Dear Mr. Nguyen: The Department of Community Development received you applications for a two -lot short plat for the property located at 11829 44th Place South. You application is considered complete as of November 12, 2008 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. 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. Your project is being reviewed by city departments. When the review is complete, you will be contacted. If you wish to speak to me sooner, feel free to call me at (206) 431 -7166. ncerely, tacy Ma Gregor Assistant Planner cc L08 -064 SM H:\L08 -064 Rathida Short Plat \11 -12 -08 NOC.DOC Page 1 11/10/2008 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 a Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 • RECEIVE.D DEC 14 2009 After recording, please return to: Rathida Phimviengkham 11829 — 44th Place South Tukwila, WA 98178 20091204000483 MRK ENGINEERIN REV 63.00 PAGE -001 OF 002 12/04/2009 11:22 KING COUNTY, UA REVOCATION OF JOINT SIDE SEWER AGREEMENT V THE parties to this revocation are: Rathida Phimviengkham, a single person, who is sole owner of the property located at 11829 44`h Place South, Tukwila, WA 98178, and legally described as: Lots 3, 4, 5 and the North 20 feet of Lot 6, Block 5, C.D. Hilman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in volume 12 of plats, at page 64 in the records of King County, Washington. Except the West 140 feet thereof. Situate in the County of King, State of Washington. Assessors Tax Parcel No. 334740 -0991 And the City of Tukwila, a municipal corporation of King County, Washington. FOR AND IN CONSIDERATION OF an agreement hereinafter expressed and other good and valuable considerations, the parties agree that the SANITARY SEWER AGREEMENT, Joint Side Sewer & Hold Harmless Agreement dated March 27, 2009, and recorded on April 21, 2009 under King County recording number 20090421000235 is hereby extinguished, and shall be of no further force and effect. This revocation shall bind the parties'heirs, assigns, and successors interest. Page 1 of 2 • • IN WITNESS WHEREOF, said individual have caused this instrument to be executed this day of J /1-0 , 2009. /6"C Property Owner J STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said individual acknowledged that he signed this instrument and acknowledged it to be hi's free and voluntary act for the uses and purposes mentioned in this instrument. hw Dated NT,- 2ii RECEIVED DEC 21 2009 CITY OF TUKWILA FINANCE DEPT. Notary Public in residing at My appointment expires Page 2 of 2 After recording, please return to Rathida PHimviengkham 11829 44 PlaCe South 20090923000723 MRK ENGINEERIN EAS 128.00 PAGE-001 OF 005 09/23/2009 11:54 KING COUNTY, WA •• PRIVATE INGRESOGRESS:AND UTILITIES EASEMENT AND . , MAPIUNANCli; AGREEMENT GRANTOR: .:Rathida Phii'nviehgkhdiii7.41 (Owner of.)34nt Parcel. legal description listed below, whtch irklud6s Lt 1 2.'City oftqk■i4la Short Plat No L08-064) GRANTEE: Rathida Philliviengkhanf - (QiNificti of..15arent Parcel. legal description listed below, which inctudeLot asTulvila.Short Phu No. L08 064) • . Parent Parcel - Legal Description Lots 3, 4, 5 and the North 204e0o1 Lot.:6,13Ibck .5:4,,C0..1-111Man's Meadow Gardens Addition to the City of Seattle, 6iyis.ion::Nol, accoithng to .t.he plat ,thereof recorded in volume 12 of plats, at page 64 in tii6 record i:•.pf„King Ctiun4, Wftshirigton. Ex•Cept t14..)Vest 140 feet thereof. .:. :. .. • .: • . .. .:. ....% • •• .• .• . . Situate'•••Ip the County of King, State of Washington:. . . .• , ; . • .• • .• ...."•:" !..: .' .. ...• . . • • • Parent Parcel - ANsesSors Tax Rircel No 334740-0991 :.' ..• .• • . :. . . . : • : . .• Grantor Parcel .,. Lot) of City of Tukwila Short Plat No. L08-064 •.. • • • .• Giantee•:Parpel - L6t 2''of City.* Tukwila Short Plat No. L08-064 • .• THIS EASEM1NT AN15 MAINTENANCE AGREEMENT is made and entered . into by and between, Ownei ot Paient Parc-0 legal docription listed zibove, which includes Lots I and 2 of City of Tukwila S::horti'PlatNo:,108-064. And is for the berkfit of the .Gitntois and Gian.tee"s properties. ....• .• For and in consideratidtrbf the mutual covenant' (n agreement hereinafter expressed and other good and valuable considerations,':iithand p ud receipt orsvhich is hereby acknowledged, the parties hereto agree as followS::„ .• •.• • .:.:•Pag 1 :•:'...••••••EXCISE TAX NOT REQUIRED •::King Co. RedsDMaIon : . . ,:. .,'.... • ::••• •:,::„.. . !.. . : . . . .• .. ••'' . . . . : . . . . . . .: . . . :. • . . . ..: • . . . . . . . . . . .......: • ,:.: 1. Tki'e owner of the above described land does hereby define, grant and convey to the present ..• .-.. :' and owner(s) (Grantee) of the land described as follows: . . ..• ..' •• . . • . . . . .. is4, qx.'clugWe'perpetual Ingress/Egress and Utilities Easement over, across. along, in, upon and ':. '':-••• tinder that portion of said Grantor's land described as follows: •••:: ••'••::. ,..''. ISIGRESiEG.RE$S•AND UTILITIES EASEMENT OVER A PORTION OF LOT 1 FOR tHE'BE$EFIfT.IJF LOt.2 OF CITY OF TUKWILA SHORT PLAT L08-064 . . .• •. , . .. ; . . .. . . . . • .. . • : . . , . LICAL DESCRIPTION OFNGRE$S/EGRESS AND UTILITIES EASEMENT AREA . . . „ •• •. •• .,. .. Commencing at the:.rri9st Noliberlicornei qf Lot 63, Block 5, of the plat of ••. i• •• ..- •• .• • ••••. CD. Efiltrian',..i; Meadow Gar4s"'A ddiOnirittie City of Seattle, Division No I, according to the plat cliere.FiOeordecI::in v10e 12 of plats, at page 64, in the records of King Cqunty, NY'ashiiigto.ti and the truqippiiiit,qf beginning: Thence Sbutk"i°40:37"#est 41ong tlieYesterly line of lot 63 a distance of 18.39 feet; Thence North88°.:13'56'' West a cIfStiq'ee of 20.00 feet; Thence North 1°40'37!' East di.0:tang:e of.:41.99...feet to the Sot.4hwesterly margin of 44'h .... :. Place South; • • .• .. ••• Thence South 38°33'40" gust along the,,Soiithwesterl3k margin of 44`" Place South to the true point of beginning. '.'',. .:: ...' :: ...• „r•-:::. •.: .,::. '.1:•• •••:: .... •.• .: •:::. :: :: •::: • . • . 2. This easement is for the sole purpose qftfie (..,onst:Nction.lieAndiriainteriance of an Ingress/Egress and Utilities Easement. •:: :: •••• ,.. %••. • • .. . . .• ::: .:::. 3. Grantor and Gilmtee shall install improvemerkin saicl.,:ingresslEgreg;I•illid, Utillities:.' si'l Easement. Grante6:•shall continue to maintain and:benar'illleost.of regiYirquIdAnaititerilince::or repair of 'said ingress/Egress and Utilities Easement. Gqintee' 41 bear complete responsibility of the cost tom—iiintait) said private road easement. . • .. .• • •. • • . . . 4. Grintee....:41all.fbold Grantor harmless from and against any and a.11. claims wb'ich, may be made agaijist Gfantor.:iarisitig out of the installation, operation, maintenanCe,or?-epafr oi- said Ingress/Egress and./UWittes.,Easement. .• .. • . •• 5......The herein easement ai:41.agrd'ement may be amended only with the written...(rarOement of the ...... Grailtee herein,:jii:Yheiraileyor iissigns. . .• •• . ' .• •• . This easement agi-eenient hall,-;:ru.ri' with *land and shall be binding on all plirties having or acquiring any right, tit1.�r interest in the laid descried herein or any part thereof. . . . • o• • . . •• VVITi■ESS WHEREOF, said individual have caused this instrument to be executed this of.," .2::19-009 , 2009. +Leen. ?(A.nintio•9)1444"--. •• •• .• . • • • • •-•.':. Gpintor / Grantee / Projoerty Owner •.. .• • . . •• .• • ••.• .* ...• . ., .. .. . : . . :. . . . . • STATE OF WASHINGTQN) ...:* )iis. County of King .... .. • ., .. : . • .. .,r:.•::::, , . „ . I certify that I know or have'Satisfactor.* ev,iden,Ce tfiat 204: cle„,;:Pli.., ev-■ v; e (15 kkA ryi is the person who appeared befofe..910., and said ifidivOu41 acknowledged that he signed this instrument and acknowledged it to be hi $ free and voluntaiy...46t for the uses and purposes mentioned in this instrument. /-2-001 Dated • .: ., .. ::. ALEX .:YSANCHEZ, NOTARY PUBLIC: STATE''OF WASHItIGTON.' MY COMMISSION EXPIRE$ 03723-13' •••■••••■••• ‘-e 4_ Sanc-14. ...• Notary Public in and for the'State Of W4hin:gton . residing at 4390 Uri:Jtr,S1'444 My appointment expires 3 i2:?...1-zi3 :‘. • •• • • • • • • of:3 . • '::•■■•• .......... .• t. INGRESS/EGRESS & UTILITY EASEMENT ON LOT 1 FOR LOT 2 ." .:: :: :'. •••• •:: ••••COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 63, . .• .• .: : BLOCK 5, OF THE PLAT OF C.D. HILLMANS MEADOW GARDEN .. ,:. :. ADDITION TO THE CITY OF SEATTLE ACCORDING TO THE PLAT ....' ,: •:. :: THEREOF AS RECORDED IN VOLUME 12, OF PLATS AT PAGE 64, . • • • . • .• • • • • :: RECO,RDS'Of KING COUNTY, WASHINGTON AND THE TRUE POINT . .. ..::,....,. .,...: OF BEGINNinip; ,... ............ , • .z. ... ,:: THENCE sbuTi4140.3r*EsT,./kCeiNp THE WESTERLY LINE OF LOT 63 A...:DISTAN4 OF 1*19 IEET; I'HEr4CE NO01-188Q13$6"*EST ■!(DiBiAN6E OF 2020 FEET; • • „ . . THENCE NORTH 12407" EAST A DISTANCE OF 4129 FEET TO THE SOUTHWESTERLY NIARGII(10F•#TH PLACE SOUTH; THENCE SOUTH 3,6°33'40." EAST A.10N6 THUOUTHWESTERLY MARGIN OF 44TH :PLACE SOOTH,j0 THE TRUE POINT OF BEGINNING. •• • • • .• • • • • • ,• • • • • '•'. • • • • • *::. • • • • • • .• • . . . • • • •.... •.. • Fidelity National Title Company of Washington Underwritten by Fidelity National Title Insurance Company 3500 188th St. SW, Suite 300 Lynnwood. WA 98037 (425)771 -3031 / Fax No. (425)670 -2109 Direct Line: (425)640 -3510 Toll Free: 1 -800- 776 -3021 FIRST Report SHORT PLAT CERTIFICATE TO: RATHIDA PHIMVIENGKHAM 11829 44TH PLACE S TUKWILA, WA 98178 Attention: Your Number: Reference Name: PHIMVIENGKHAM OUR NUMBER: 7- 08050649 - Short Plat Certificate Dear Sirs: Premium: $ 381.15 Sales Tax: $ 33.93 In the matter of the above described Short Plat submitted for your approval, this Company has examined the record of the County Auditor and County Clerk of King County, Washington, and from such examination hereby certifies that: TITLE TO the following described land is vested in: RATHIDA PHIMVIENGKHAM, a single person THE LAND Is situated in said King County, and is described as follows: See Attached SUBJECT TO the exceptions shown herein. No search has been made as to the taxes and assessments. THIS CERTIFICATE shall have no force or effect except as a basis for the Certificate applied for. Records examined toMay 14, 2008 at 08:00 AM By: FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON Terry Sarver, Chief Title Officer • • FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON Short Plat Certificate, Page 2 of 4 Title Order Number: 7- 08050649 LEGAL DESCRIPTION Lots 3, 4, 5 and the North 20 feet of Lot 6, Block 5, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIV. NO. 1, according to the Plat thereof recorded in Volume 12 of Plats, Page(s) 64, records of King County, Washington; EXCEPT the West 140 feet thereof. Situate in the County of King, State of Washington • • FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON Short Plat Certificate, Page 3 of 4 Title Order Number: 7- 08050649 EXCEPTIONS 1. Lien of any real estate excise sales tax upon any sale of said property if unpaid. The subject property is located in the City of Tukwila. The excise tax rate is 1.78 %. 2. GENERAL TAXES PAYABLE AFTER FEBRUARY 15TH: THE FIRST HALF TAXES ARE DUE PRIOR TO MAY 1ST; THE SECOND HALF TAXES ARE DUE PRIOR TO NOVEMBER 1ST - Year: 2008 Amount Billed: $2,390.17 Amount Paid: $1,195.09 Amount Due: $1,195.08 Tax Account No.. 334740 - 0991 -09 Levy Code: 2411 Value of Land: $145,000.00 Value of Improvements: $57,000.00 To expedite payment of your taxes, you may mail the payment direct to: King County Treasurer 500 4th Ave, Room 600 Seattle, WA 98104 3. DEED OF TRUST THEREOF Grantor: Trustee: Beneficiary: Original Amount: Dated: Recorded: Recording No.. AND ADDITIONAL ADVANCES, IF ANY, AND THE TERMS AND CONDITIONS Rathida Phimviengkham, a single person Lawyers Title Wells Fargo Bank, N.A. $193,750.00, plus interest August 12, 2005 August 15, 2005 20050815002932 4. DEED OF TRUST AND ADDITIONAL ADVANCES, IF ANY, AND THE TERMS AND CONDITIONS THEREOF. Grantor: Rathida Phimviengkham, an unmarried person Trustee: Chicago Title Insurance Company Beneficiary: Wells Fargo Bank, N.A. Original Amount: $50,000.00, plus interest Dated: August 12, 2005 Recorded: August 15, 2005 Recording No.. 20050815002933 5. QUESTION OF THE EXISTENCE OF AN "AUTOMATIC HOMESTEAD ": If the subject property is or will be the residence of a marital community; even though the interest therein may be intended to be held as a separate or community interest, execution of the proposed conveyance, contract to convey, or encumbrance must be by both husband and wife by reason of RCW 6.13 which provides for "automatic homestead." EXECUTION UNDER A POWER OF ATTORNEY WILL NOT PROVE ACCEPTABLE UNLESS FIRST APPROVED BY THIS COMPANY. END OF EXCEPTIONS • • FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON Short Plat Certificate, Page 4 of 4 Title Order Number: 7- 08050649 NOTE 1: The legal description shown in Schedule C was determined from the property address provided at the time of application. The description should be examined and approved by all the parties to this transaction prior to closing. NOTE 2 Examination of the records discloses no judgments or other matters pending against the name of the vested owner(s). NOTE 3: The address of the property is: 11829 44TH PLACE S TUKWILA, WA98178 NOTE 4: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCS 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. Ptn Lots 3 -6, Block 5, C.D.Hillman's Meadow Gardens Add. Div. No. 1 END OF NOTES END OF EXCEPTIONS THANK YOU FOR YOUR ORDER IF WE MAY BE OF FURTHER ASSISTANCE, PLEASE GIVE US A CALL 177 /V 6934 67 \ by nu40 1375 yh \ D 141. 1325 133.8 _ _118tH AV $_ 4 .•0 13740 1 0130 13275 #s 0730 1 AO4' 168.2 T7 - ''y '0975 0985 2 6° 1�b• 2 4q 314740 1,1••- 3 0'6 AO• ti 0775 ao 0735 • /17440#s 202.6 3 6 ?. 6 237.0 ov 4 ‘bo 1'7 2 124740- 1000 ADD 334740 1035 105 r_taP.1.06:Q54_ 33710 . 1030 Lot3 :Q mss /Egress Ucll E3Mt105o" 8 334740 x01. 9 10 .73"13- _- 0001 0991 4 .517 334740- " 0716 �~b . • •20560 #s 0795 • \ 04 1000 1015 n 371740 1220 63 1* tip' 1320 74011.1 13,3 157.6 151.41 BLA \ 88.38 \ FARCEI B 1 ,'b No 1315; luau_ 1025 141.36 304020D7D4.Q QQQ01 1026 12 - 334740- 1008 13 Lot 1 141.36 Lott 7068# 1029 141.36 60.00 5 1147406 0753 10320As 0755 39 59.58 y9. g^a �' 334740. '74. '7 0768.' • LOT, -81 90(3009 �4V ro 20oz'0 a0 10 T ' 106% titi0.. a, e, 29•x° 334740 0760 `tt3 LOT A .e:3 18 /gU#lry� 559 \ \ \ 0770 #s N FARCEI.6 L99 -0021 • um 226(P) 6%.41t131O 219.28 7068# °7 1028 331710 1030 14 10000# 33474 1016 0 0 15 1050 10 31200g 17.7., 16 1000 10400 #s 17 1060 00 18 18000 #s 1065' 174740 1005 112 011781 19 250 20 1315.02 1315.02 20000 #s LOT 22 89.20 sl0s 12 LOT 23 77x; qe %� 1290 .00 % 301746 2126.7 �TU I ,4 �7} 1295 \ o \ 7409 0770 3374010 0775 10340 #s 0775 OL 12- 10340#s 0780 A9 :7 b- 1471011 '- 0760 1 90 01 b • 334747 .' 19135 #s 0790 50.08 r,3;° (.4'c130 15 334 07x3. 40 5 16 - • 07 1 5 LOT 24 c77:17 LOT 21 127.05 137.05 134743 1270 1270 20 m LOT 18 tiC 771740 7765 No 1065 LOT 17 s:r 10213% LOT 14 374740 1230 250(E 42.15 8 77.85 120.00 1250 BLA LOT 20 Esmt 120.00 - 33700- 1275 110.00 t,'1Y 1275 9ti LOT 19 F.gr*t n F 1260 1.7"40 LOT 16 -4610 8197#s L96 -0077 8197 #s 1255 LOT15 334740 1255 25 25 LOT 13 .-- ..... ... Esmt 1 5 L 250 POR 1330 AFTER RECORDING MAIL TO: Rathida Phimviengkham 11829 44th Place S. Tukwila, WA 98I78 Filed for Record at Request of A+ Escrow Services, LLC Escrow Number: 655-05 20050815002931 LAUYERS TITLE UD 32.00 PAGE001 OF 001 KING6COUNTY, up6 E2146916 0016/2006 15:46 KINNG COUNTTY, UP SALE $243,780.00 20050815002931.001 d PAGE001 OF 001 Statutory Warranty Deed Grantor(s): Phoumy Bounkeua and Katherine Bounkeua Graatee(s): Rathida Phimviengkham Abbreviated Legal: CI) Hillman's Meadows Gardens Add, PM Lots 3, 4, 5 & 6, Bik 5 Assessor's Tax Parcel Number(s): 334740-0991-09 Generally known as: 11829 44th Place S., Tukwila, WA 98178 LA1: ?SP.S. Tfri.3 AGENCY OF "Ti::�jai4GTOt! (/ Pqs. THE GRANTOR Phoumy B. Bounkeua and Katherine L. Bounkeua, husband and wife for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to Rathida Phimviengkham, n single person the following described real estate, situated in the County of King, State of Washington. Lou 3, 4, 5 and the North 20 feet of Lot 6, Block 5, C.D. Hillman's Meadow Gardens Addition to the City of Seattle, Div. No. 1, according to the plat thereof recorded in Volume 12 of Plats, page 64, records of King County, Washington; Except the West 140 feet thereof. Dated: U 3'6S-- Phoumy B. Bounkeua STATE OF Washington COUNTY OF IA (f 1 SS: Brine L. Bounkeua 1 certify that 1 know or have satisfactory evidence that Phoumy B. Bounkeua and Katherine L. Bounkeua e person(s) who appeared before mc, and said person (s) acknowledged that he/she / ig) si _ cd this instrument and acknowledge it to be histhereret0 free and voluntary act for the uses and purposes mentlo cd in this iosavment. Dated: VIENNA T. LE STATE OF WASHINGTON NOTARY _ „PUBLIC MY COMMISSION EXPIRES 0949-09 Vicnn c Notary Public in and for the Slate of Washington Residing at f SlV7brl My appointment expires: _O I -65 14th` -Iw Return To: WFHM FINAL DOCS X9999 -01M 1000 BLUE GENTIAN ROAD EAGAN, MN 55121 20050815002932 LAWYERS OF 015 DT 47.00 08/15/2005 15:48 KING COUNTY, WA Assessor's Parcel or Account Number: 334740 -0 9 91- 09 Abbreviated Legal Description: CD, HILLMAN' S, MEADOWS GARDENS ADD [Include lot, block and plat or section, township and range' Full legal description located on page 3 Trustee: LAWYERS TITLE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedAUGUST 12 , 2005 together with all Riders to this document. (B) "Borrower" is RATHIDA PHIMVIENGKHAM, A SINGLE PERSON [Space Above This Line For Recording Data] DEED OF TRUST 20050815002932.001 1 Ri'.:.vs:vast ua LAWYERS TITLE AGENCY POs. F5c Borrower is the trustor under this Security Instrument. to "Lender" is WELLS FARGO BANK, N.A. 0058301276 WASHINGTON- Single Family - Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Ca 6(WA) (0012) - Page 1 of 15 VMP MORTGAGE FORMS (8001521-7291 Form 3048 1/01 • • Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES Lender's address is P.O. BOX 10304. DES MOINES, IA 503060304 20050815002932.002 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is LAWYERS TITLE 1501 4TH AVE STE 308, SEATTLE, WA 98101 (E) "Note" means the promissory note signed by Borrower and datedAUGUST 12, 2005 The Note states that Borrower owes Lender ONE HUNDRED NINETY THREE THOUSAND SEVEN HUNDRED FIFTY AND 00 /100 Dollars (U.S. $ * ** *193, 750.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 01, 2035 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (13) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider 0 Condominium Rider ❑ Second Home Rider Li Balloon Rider 0 Planned Unit Development Rider El 14 Family Rider ❑ VA Rider Li Biweekly Payment Rider Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (.1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer. or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (1f) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or otter taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and /or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security instrument. ©6(WA) (00121 Page 2 of 15 Form 3048 1/01 20050815002932.003 (P) " RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGEITS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this propose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of RING (Type of Recording Jurisdiction( [Name of Recording Jurisdiction] LOTS 3,4,5 AND THE NORTH 20 FEET OF LOT 6, BLOCK 5, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIV. NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON; EXCET THE WEST 140 FEET THEREOF. THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 10304, DES MOINES, IA 503060304 Parcel ID Number: 334740 - 0991 -09 which currently has the address of 11829 44TH PLACE S (Street( TUKWILA (City] , Washington 98178 (Zip Code( ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. -6(WA) (0012) Page 3 of 15 Form 3045 1/01 • • 20050815002932.004 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each. Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section. 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in. the order in which it became due. Any remaining amoiuus shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds. or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community CD14; 6(WA) (0012) Page 4 of 15 Form 3048 1/01 • • 20050815002932.005 Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues. fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and. if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts. that are then requuedunder this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA. but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. ®©6(WA) (0012) Page 5 of 15 Form 3048 1/01 • • 20050815002932.006 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender. but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage." and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time rernappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to ®6(WA1 (0012) Page 6 of 15 Form 3048 1/01 • • 20050815002932.007 hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings ou such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file. negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and seule the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow • the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property to order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detemuned pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Tender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause. Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal residence. CDa 61 WAl (001 2) Page 7 of 15 Form 3048 1/01 • • 20050815002932.008 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condenmation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any suns secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limited to, entering the Property to make repairs, change locks. replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Secdon 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, front an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ulrimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of inaking the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). -O(WA) (0012) Page 8 of 15 Form 3048 1/01 • • 20050815002932.009 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk. or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance. or any outer terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may indude the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shalt be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction. or loss in value divided by (b) the fair market value of the Property immediately before the partial Ealing, destruction. or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately. before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value. unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. at-WA) (0012) Page 9 of 15 Form 3048 1/01 20050815002932.010 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's Judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights wider this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from turd persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due. shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrwnent only to mortgage, grant and convey the co- signer's interest in the Property under the terrns of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tends of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided. in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any slims already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to snake this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower night have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in wnting. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class nail or when actually delivered to Borrower's �® 6(WA) (0012) Page 10 of 15 Form 3048 1/01 • • 20050815002932.011 notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address. then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under .Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the 'Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower nmst pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower tneets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any. other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) or) -6(WA) (00123 Page 11 of 15 Form 3048 1101 • • 20050815002932.012 certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instnunentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20, Sale of Note; Change of Loan Servicer: Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity ();shown as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release,any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of t�v -6(WA) (00121 Page 12 of 15 Form 3048 1/01 • • 20050815002932.013 release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date. not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days in the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non- existence of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be included in the notice by Applicable Law. If the default is not cured on or before the date specified in the notice, Lender at its option, may require inunediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of' the superior court of the county in which the sale took place. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 0 8(WA) (001 2) Page 13 of 15 Form 3048 1101 • • 20050815002932.014 25. Use of Property. The Property is not used principally for agricultural purposes. 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys' fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in. any Rider executed by Borrower and recorded with it. Witnesses: (Seal) - Borrower Rt�l'^^cx.Cc Q` L RATHIDA PHIMVIENGKHAM (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) (Seal) -Borrower - Borrower (Seal) (Seal) - Borrower borrower -6(WA) (0012) Page 14 of 15 Form 3048 1/01 • • STATE OF WASHINGTON / Ss County of KING On this day personally appeared before me RATHIDA PHIMVIENGKHAM 20050815002932.015 to me known to be the indi i duat(s) described in and who executed the within and foregoing instrument, and acknowledged that he ey signed the same as his their free and voluntary act and deed. for the uses and purposes therein mentioned. GIVEN under my hand and official seat this VS 44A. day of 4 -tit&& 1 d00 5 G!l /� Notary Public in and for the State of Washington, residuig at My Appointment Expires on 1 —or —O 7 -6(WAI (0012) Page 15 of 15 Form 3048 1/01 When recorded, return To: Welts Fargo Bank N.A. Wells Fargo Services Consumer Loan Servicing P.O. Box 31557 Billings, MT 59107 20050815002933 LAwYERS TITLE DT 43.00 PAGE001 OF 011 013/15/2005 15:48 KING COUNTY, WA 20050815002933.001 Assessor's Parcel or Account Number: 334740-0991-09 Abbreviated Legal Description: LOTS 3,4,5 AND THE NORTH 20 FEET OF LOT 6, BLOCK 5, C.Q. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIV. NO. 1. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 64, RECORDS OF KING COUNTY. WASHINGTON: [Include lot, block and plat or section, township and range' Full legal des ription located on pageEXhi bit A State of Washington Space Above This Line For Recording Data DEED OF TRUST (With Future Advance Clause) 65093092761998 1. DATE AND PARTIES. The date of this Deed of Trust ( "Security Instrument ') is 12 August 2005 and the parties are as follows: TRUSTOR ( "Grantor "): RATHIdA PHIMVIENGKHAM, AN UNMARRIED PERSON RECORD a: LAWYERS TITLE AGENCY 0.6 `VA;;yti'GTO;v Fee whose address is:11829 44TH PLACE S, TUKWILA, WA 98178 -0000 TRUSTEE: Chicago Title Insurance Company BENEFICIARY ("Lender "): Welts Fargo Bank N.A. 420 Montgomery Street San Francisco. CA 94104 WASHINGTON • DEED OF TRUST LEWA1 woo Poo 1of10 Said document(s) were flier' rnr record by Lawyers Title Agenew rs accomodalion only. It has not aoen examined as to proper execution or as to Its effect upon titlo. 20052077700274 • • 20050815002933.002 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, all of that certain real property located in the County of King , State of Washington, described as follows: See attached Exhibit A This deed of trust is 2nd and subject to a deed of trust securing the note in the amount of $193,750.00 recording concurrently herewith. with the address of 11829 44TH PLACE S. TUKWILA. WA 98178 -0000 and parcel number of 334740-0991-09 together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above. 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument will secure shall not exceed $ 50,000.00 together with all interest thereby accruing, as set forth in the promissory note, revolving line of credit agreement, contract, guaranty or other evidence of debt ( "Secured Debt") of even date herewith, and all amendments, extensions, modifications, renewals or other documents which are incorporated by reference into this Security Instrument, now or in the future. The maturity date of the Secured Debt is 8/12/2045 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of the promissory note, revolving line of agreement, contract, guaranty or other evidence of debt dated 8/12/2005 , together with all amendments, extensions, modifications or renewals. The maturity date of the Secured Debt is 8/12/2045 B. All future advances from Lender to Grantor under such evidence of debt. All future advances are secured by this Security Instrument even though all or part may not yet be advanced. All future advances arc secured as if made on the date of this Security Instrument. Nothing in this Security Instnunent shall constitute a commitment to make additional or future loans or advances which exceed the amount shown in Section 3. Any such commitment must be agreed to in a separate writing. C. All additional sums advanced and expenses incurred by Lender for inswing, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 5. PAYMENTS. Grantor agrees that all payments under the Secured Debt will be paid when due and in accordance with the teens of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee. • in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: WASHINGTON - DEED OF TRUST LEWA2 mom Page 2 of 10 20052077700274 • • 20050815002933.003 A. To make ail payment when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, or to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property, or any part thereof or interest therein. whether senior or subordinate hereto, when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would impair the lien of the Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply Labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Upon sale, transfer, hypothecation, assignment or encumbrance, whether voluntary, involuntary, or by operation of law. of all or any part of the Property or any interest therein, then at its sole option Lender may, by written notice to Grantor. declare all obligations secured hereby immediately due and payable, except to the extent that such acceleration and in such particular circumstances where exercise of such a right by Lender is prohibited by law. 10. PROPERTY CONDITION. ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition and make all repairs that are reasonably necessary. Grantor shall not commit or allow any waste, impairment, or deterioration of the Property. Grantor will not remove or demolish the Property, or any part thereof. Grantor will keep the Property free of noxious weeds, grasses and • public nuisances. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's options, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice. perform or cause them to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor shall not create an obligation to perfomt, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instnunent. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably grants, conveys and sells to Trustee. in trust for the benefit of Lender, as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases ") and rents, issues and profits (all referred to as "Rents "). Grantor will promptly provide Lender with true and correct copies of all existing and future Leases. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default under the terms of this Security Instrument. Grantor agrees that this assignment is immediately effective between the parties to this assignment and effective as to third parties on the recording of this Security Instrument. This assignment will remain in effect during any period of redemption by Grantor until the Secured Debts are satisfied. When the Property is not farm land or the homestead of Grantor, Grantor agrees that Lender is entitled to notify Grantor or Grantor's tenants to snake payments of Rents due or to become due direcdy to Lender after such recording, however WASHINGTON - DEED OF TRUST LEWA3 mow Page 3 of 10 20052077700274 • • 20050815002933.004 Lender agrees not to notify Grantor's tenants until Grantor defaults and Lender notifies Grantor of the default and demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender. Grantor consents to Grantor's tenants paying all Rents due or to become due directly to Lender after Lender makes this notification and demand to Grantor. When the Property is farm land or the homestead of Grantor- Lender may not enforce this assignment by taking possession of the Property for the purpose of collecting Rents, but Lender may seek the appointment of a receiver to take charge of the Property, collect Rents from non - homestead Property, and apply the Rents under this Security Instrument. On receiving notice of default, Grantor will endorse and deliver to Lender any payment of Rents in Grantor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Grantor warrants that no default exists under the Leases or any applicable landlord/tenant Iaw. Grantor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS, CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Grantor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the property is a unit in a Condominium Project or is part of a Planned Unit Development ( "PUD "), Grantor agrees to the following: A. Obligations. Grantor shall perform all of Grantor's obligations under the Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Projects or PUD and any homeowners association or equivalent entity ( "Owners Association "); (ii) by -laws; (iii) code of regulations; and (iv) other equivalent documents. Grantor shall promptly pay, when due. all dues and assessments imposed pursuant to the Constituent Documents. B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project or PUD which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within the term "extended coverage," then Grantor's obligation under Section 19 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Grantor shall give Lender prompt notice of any lapse in required hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to Property, whether to the unit or to conunon elements. any proceeds payable to Grantor are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to Grantor. C. Flood Insurance. Grantor agrees to maintain flood insurance for the life of the Secured Debt which is aoeptable, as to form, amount and extent of coverage to Lender. D. Public Liability Insurance. Grantor shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. E. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Grantor in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 18. F. Lender's Prior Consent. Grantor shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project or PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self- management by the Owners WASHINGTON - DEED OF TRUST LEWA4 (0406) Pepe 4 of 10 20052077700274 • • 20050815002933.005 Association; or (iv) any action which would have the effect of rendering the public Liability insurance coverage maintained by the Owners Association unacceptable to Lender. G. Remedies. If Grantor does not pay condominium or PUD dues and assessments when due, then Lender may pay them. Any amount disbursed by Lender under this section shall become additional debt of Grantor secured by this Security Instrument. Unless Grantor and Lender agree to other terms of payment, these amounts shntl bear interest from the date of disbursement at the Secured Debt rate and shall be payable, with interest, upon notice from Lender to Grantor requesting payment. 14. DEFAULT. Grantor will be in default if any party obligated on the Secured Debt faits to make payment when due. Grantor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Grantor with notice of the right to cure or other notices and may establish time schedules for the foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Grantor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by Jaw, the terms of the Secured Debt, this Security Instrument and any related documents, including without limitation. the power to seI[ the Property. If there is a default, Trustee shad, in addition to any other permitted remedy, at the request of the Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Grantor at such time and place as Trustee designates. Trustee shall give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required by the applicable law in effect at the time of the proposed sale. Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Lender all moneys advanced for repairs. taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if, to Grantor. Lender may purchase the Property The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Grantor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Grantor agrees to pay all of Lender's expenses if Grantor breaches any covenant in. this Security Instrument. Grantor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Grantor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lenders' rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. WASHINGTON - DEED OF TRUST LEWAS 104061 Pa90 9 of 10 20052077700274 • • 20050815002933.006 17. ENVIRONMENTAL LAWS AMID HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws. regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste. pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located. stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Grantor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In suck an event, Grantor shall take all necessary remedial action in accordance with any Environmental Law. D. Grantor shall immediately notify Lender in writing as soon as Grantor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be paid to Lender and applied to the sutras secured by this Security Instrument. whether or not then due, with any excess paid to Grantor. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Grantor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires or is required by applicable law. The insurance carrier providing the insurance shall be chosen by Grantor subject to Lender's approval, which shall not be unreasonably withheld. If Grantor fails to maintain the coverage described above, Lender may. at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. If Lender determines at any time during the term of the Secured Debt that the Property securing the Secured Debt is not covered by flood insurance ar is covered by flood insurance in an amount less than the amount required by law. Lender will notify Grantor that Grantor should obtain flood insurance at Grantor's expense. If Grantor fails to obtain adequate flood insurance which is acceptable to Lender, Lender shall purchase flood insurance on Grantor's behalf. All insurance policies and renewals shall be acceptable to Lender and shall inchide a standard "mortgage clause" and, where applicable, "loss payee clause." Grantor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Grantor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Grantor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Grantor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of WASHINGTON - DEED OF TRUST LEWA6 loam Page 6 al 10 20052077700274 20050815002933.007 any payment. Any excess will be paid to Grantor. If the Property is acquired by Lender, Grantor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement. Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Grantor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Grantor agrees to sign, deliver. and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Grantor signs this Security Instrument but does not sign an evidence of debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment of the Secured Debt and Grantor does not agree to be personally liable on. the Secured Debt. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any and- deficiency or one - action laws. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Grantor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related or the Secured Debt that conflicts with applicable law will nut be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Sccurity Instrument. Whenever used. the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. In the event any section in this Security Inastrument directly conflicts with any section of a certain revolving line of credit or promissory note referenced in Section 4, the terms and conditions of the revolving line of credit agreement or the promissory note (as applicable), the arbitration agreement, and the agreement to provide flood/property insurance all ow which the Grantor agrees to by signing this Security Instrument, the terns and conditions of said documents and not the Security Instrument shall control. 24. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to tune remove Trustee and appoint a successor trustee by an instrument recorded in the county in which this Security Instrument is recorded. The successor trustee, without conveyance of the Property, shalt succeed to all the title, power and duties conferred upon the Trustee by this Security Instrument and applicable law. 25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail and either registered or certified mail, return receipt requested, to the appropriate party's address on page 1 of this Security Instrument, or as shown in Lender's records, or to any other address designated in writing. Notice to one Grantor will be deemed to be notice to all Grantors. 26. WAIVERS. In the event Grantor is not also the borrower, customer or obligor (all referred to as "Borrower") under the Secured Debt: WASHINGTON . DEED OF TRUST LEWA7 (0006 Page 7 of 10 20052077700274 • • 20050815002933.008 (i) Grantor represents and warrants to Lender that this Security Instrument is executed at the request of the Borrower; Grantor will not, without prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer or otherwise dispose of all or substantially all of the Property; and Grantor has established adequate means of obtaining from Borrower, on a continuing basis, financial and other information pertaining to the financial condition of Borrower. Grantor agrees to keep adequately informed from such means of any facts, events or circumstances which might in any way affect the risks of Grantor. and Grantor further agrees that Lender has no obligation to disclose to Grantor information or material acquired in the course of Lender's relationship with Borrower. (ii) Grantor hereby waives any right to require Lender to proceed against any person, including Borrower; proceed against or exhaust any collateral held from Borrower or any other person; pursue any other remedy in Lender's power; or make any presentments, demands for performance or give any notices of nonperformance, protests. notices of protest of dishonor in connection with the Secured Debt and this Security Instrument. (iii) Grantor also waives any defense arising by reason of any disability or other defense of Borrower or any other defense of Borrower or any other person; the cessations from any cause whatsoever, other than payment in full of the obligations of Borrower under this Security Instrument and Secured Debt; the application by Borrower of the proceeds of the Secured Debt; for purposes other than the purposes represented by Borrower to Lender or intended or understood by Lender to Grantor, any act or omission by Lender which directly or indirectly results in or aids the discharge of Borrower by operation of law or otherwise,including any impairment or loss of any security resulting from the exercise or election of any remedies by Lender, including, without limitation, election by Lender to exercise any of Lender's rights, now or hereafter obtained. under any power of sale set forth in any security instrument securing repayment of the indebtedness of Borrower and the consequent loss, limitation or impairment of the right to recover any deficiency from Borrower in connection therewith or due to any fair value limitations or determinations in connection with a judicial foreclosure; or any modification of' the Secured Debt in any form whatsoever, including, without limitation, the renewal, extension, acceleration or other change in time for payment or any increase in the rate of interest. Until all amounts secured shall have been paid in full, Grantor further waives any right to enforce any remedy which Lender now has or may hereafter have against Borrower or any other person and waives any benefit of, or any right to participate in, any security whatsoever now or hereafter held by Lender. (iv) Grantor acknowledges, warrants and agrees that each of the waivers set forth in this section are made with the full knowledge of their significance and consequence and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any of said waivers are determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law. 27. STATEMENT OF CONDITION. From time to tune, as required by law, Lender shall furnish to Grantor or its agent such statements as may be required concerning the condition of the Secured Debt. Lender will charge a fee for such statement equal to $60 or such other fee as may be permitted by law. 28. RECONVEYANCE. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and any note or instrument evidencing the Secured Debt to the Trustee. Trustee shall reconvey, without warranty, the Property or that portion secured by this Security Instrument. To the extent permitted by law, the reconveyance may describe the grantee as "the person or persons legally entitled thereto." Neither Lender nor Trustee shall have any duty to determine the rights of persons claiming to be rightful grantees of any reconveyance. Lender will charge a fee for such reconveyance equal to 365 or such other fee as may be permitted by law, 29. USES OF PROPERTY. The property subject to this Security instrument is not used principally for agricultural or farming purposes. WASHINGTON - DEED OF TRUST LEWAB 104061 Pape 6 of 10 20052077700274 • 20050815002933.009 30. OTHER TERMS. If checked, the following shall be incorporated into and shall amend and supplement the covenants and agreements of this security instrument: ❑ Additional Terms: SIGNATURES: By signing below, Grantor agrees to perform all covenants and duties as set forth in this Security Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument on the date set forth on page 1 hereof. Musa_ efi3/05' Grantor (Date) Grantor (Date) RATHIDA PHI MVI ENGKHAM Grantor (Date) Grantor (Date) Grantor (Date) Grantor (Date) Grantor WASHINGTON - DEED OF TRUST LEWA9 l000cl (Date) Grantor (Date) Page 9 of 10 20052077700274 • • ACKNOWLEDGMENT: (Individual) STATE OF WA , COUNTY OF King I hereby certify that I know or have satisfactory evidence that RATHIDA PHIMVIENGKHAM 20050815002933.010 } ss. is re the person(s) who appeared before me and said person(s) acknowledged that he /.gthey signed this trument and acknowledged it to be hi tier/ eir free and voluntary act for the uses and purposes mentioned in the instrument. tlirahVit (C LLoSIIJct ,4T r o12t►G`! (Print name and include title) My Appointment expires: WASHINGTON - DEED OF TRUST LEWA1 0 mow Pncos 10 01 10 VIENNA T. LE STATE OF WASHINGTON NOTARY — • — PUBLIC MY COMMISSION EXPIRES 09.08.09 (Affix Seal or Stamp) 20052077700274 Escrow No.: 655 -05 • • EXHIBIT "A" LEGAL DESCRIPTION 20050815002933.011 Lots 3, 4.5 and the North 20 feet of Lot 6, Block 5, C.D. Hillman's Meadow Gardens Addition to the City of Seattle. Div. No. 1, according to the plat thereof recorded in Volume 12 of Plats, page 64, records of King County, Washington; Except the West 140 fcct thereof. CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E-mail: tukplan(7ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at lie 21 441 Q 1et,.0 e 5 0 %A-0% . for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non - responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. d EXECUTED at S.2 -0.-t' 1 4-- (city), L14 (state), on f ' ( 1 7 , 20 0 8 Pa-k4 ;Jo- h i rrn V 1 0.1n VIAarW) Print Name Address 1 1$ L ll- tk 1 I• s- �'l'l �jN l a- r t�1 9e/7? Phone Number �.�0c) 963 -L1SB X11 tD6-32?c 1_ 66.6 Signature PS, JL dGI qt“,lA/�LCJyt,() On this day personally appeared before me RATIAl l'f'■ L v t eocAN otme known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF © , 20 D s, 1,, NOTARY PUBLIC in and f‘ residing at Stat of Washington My Commission expires on -y18)._vo RECEIVED OCT 171008 T • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan(ci.tukwila.wa.us • SHORT PLAT (P -SS) APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-SS Planner: File Number: Loy' — 064/ Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: Fa AI ? I ca- LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 11829 444% `place 2 —r( j a w d4 9 8112r LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). API - 33474Q— 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: Heil et w+w144 K J J 2I � iv RECEIVED OCT 17 2008 Address: L9 5 4 l) ►L,1011 /4112 /VE F h k-v ✓1 , g'0 S q DEVELOPA t NT Phone: 204— 799— /379 FAX: E -mail: K4 2/1,4_ m r/k. 0 Yell vv Signature: _uyr ✓-� t O'N Date: d // 7/V ir 20100211900001 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431,3670 FAX (206) 431 -3665 E -mail: tukplanaltukwlla.wa.us SHORT PLAT NUMBER L08 -064 DECLARATION Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein described do hereby make a short subdivision thereof pursuant to RCW 58.17.060 and acknowledge that said subdivision shall not be further divided In any manner within a period of five years, from date of record, without the filing of a final plat. The undersigned further declare this short plat to be the graphic representation of said short subdivision and the same Is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. Name: r'i0.'(" ,t[t -. 1'11 t'W1 V1 vr5f Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me 11'i--1,1,Z11-111 CI1 ?h, 1.'I el K)1arvi to me known to be the Individual who executed the within and foregoing Instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this h day of -UYEroo- 20 ^? .1lutnplq �E Signature: '(, , 4 i , 0' Li - /%'�L;L T1" St q� 3`�6ii C L ' - 1's Name as commissioned: 1 ,G 41. Title: (VCT iT v� My appointment expires: r.31- z'1-(C• STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the Individual who executed the within and foregoing Instrument and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of . 20_ Signature: Name as commissioned: Title: My appointment expires: LAND SURVEYOR'S CERTIFICATE Tar L. 1 ,:„„r /-/$'- /0 registered as a land surveyor by the S of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot comers staked on the ground as depicted on the plat RATHIDA SHORT PLAT LEGAL DESCRIPTION (OLD) LEGAL DESCRIPTION AS PER COMMITMENT FOR TITLE ORDER NO. 7-08050649 FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON LOTS 3,4,5 AND THE NORTH 20 FEET OF LOT 8, BLOCK 5, PLAT OF C.D. HILLMANS MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NUMBER 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, AT PAGE 64 IN THE RECORDS OF KING COUNTY. WASHINGTON; EXCEPT THE WEST 140 FEET THEREOF. SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. LEGAL DESCRIPTIONS (NEW) NEW LOT 1 COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 3, BLOCK 5, OF THE PLAT OF C.D. HILLMANS MEADOW GARDEN ADDITION TO THE CITY OF SEATTLE ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 12, OF PLATS AT PAGE 64. RECORDS OF KING COUNTY, WASHINGTON AND THE TRUE POINT OF BEGINNING; THENCE NORTH 88'13'56' WEST ALONG THE NORTHERLY LINE OF SAID LOT 3, A DISTANCE OF 55.78 FEET 8^",r V..,., ^^ ..r , "' 1; THENCE SOUTH 01'4156' WEST A DISTANCE OF 79.00 FEET 1" ^'^ ^"'"' "'r ^'zp' " ^^^•' ^'1 ^mow; THENCE SOUTH 8811356' EAST A'' ".'" ",,r ^n,,,.,rn, , ,.,r nr, n: 6 A DISTANCE OF 107 15 FEET T^ T'-'r en, ,TUrw'Tr,n v rnn.,rn nr , n., THENCE NORTH 01'40'37' EAST A DISTANCE OF 18.39 FEET TO THE WESTERLY MARGIN OF FORTY FOURTH RACE SOUTH; THENCE NORTH 38133'40' WEST ALONG THE WESTERLY MARGIN OF FORTY FOURTH PLACE SOUTH A DISTANCE OF 79.51 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO AN EASEMENT FOR INGRESS. EGRESS, AND UTLITES DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 63, BLOCK 5, OF THE PLAT OF C.D. HILLMANS MEADOW GARDEN ADDmON TO THE CITY OF SEATTLE ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 12, OF PLATS AT PAGE 64, RECORDS OF KING COUNTY, WASHINGTON AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 14077' WEST ALONG THE WESTERLY LINE OF LOT 63 A DISTANCE OF 18.39 FEET; THENCE NORTH 88 °13'56' WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 1'40'37' EAST A DISTANCE OF 41.99 FEET TO THE SOUTHWESTERLY MARGIN OF 44TH PLACE SOUTH; THENCE SOUTH 3893'40' EAST ALONG THE SOUTHWESTERLY MARGIN OF 44TH PLACE SOUTH TO THE TRUE POINT OF BEGINNING. NEW LOT 2 LOT 5, THE SOUTH 1 FOOT OF LOT 4, AND THE NORTH 20 FEET OF LOT 6, BLOCK 5, C.D. HILMANS MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION N0.1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12, OF PLATS, PAGE(S) 64, RECORDS OF KING COUNTY. WASHINGTON; EXCEPT THE WEST 140 FEET THEREOF; TOGETHER WITH AN INGRESS/EGRESS AND UT1LIES EASEMENT ON LOT 1 AS SHOWN ON THE PLAN; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. INGRESS /EGRESS & UTILITY EASEMENT ON LOT 1 FOR LOT 2 (KING COUNTY REC. NO.: 20090923000723) COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 63, BLOCK 5, OF THE PLAT OF C.D. HILLMANS MEADOW GARDEN ADDITION TO THE CITY OF SEATTLE ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 12, OF PLATS AT PAGE 64, RECORDS OF KING COUNTY. WASHINGTON AND THE TRUE P0119T OF BEGINNING; THENCE SOUTH 1'4077* WEST ALONG THE WESTERLY LINE OF LOT 63 A DISTANCE OF 18.39 FEET; THENCE NORTH 68'1356' WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 1440'37' EAST A DISTANCE OF 41.99 FEET TO THE SOUTHWESTERLY MARGIN OF 44TH PLACE SOUTH, THENCE SOUTH 38'33'401 EAST ALONG THE SOUTHWESTERLY MARGIN OF 44TH PLACE SOUTH TO THE TRUE POINT OF BEGINNING. 1VOLUME a? PAGE /35 APPROVALS KING COUNTY FINANCE DIVISION I certify that all property taxes are paid and that a deposit has been made In sufficient amount to pay the taxes for the following year; that there are no dellnqueM special assessments certified to this office for collection; and that all special assessments on any of the property herein dedicated as streets, alleys, or for other public use are pald In full. This day of 20 King County Treasurer Deputy King County Treasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments cols 'IFS day of .7rrn,,y 2010 ,� Lloyd N ,r a 'l/l ld. King County Assessor Deputy Assessor Parcel Number(s) 3 31 710 - Lriq TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for fiin9tthis /d6 day of . )IL1a✓} 20 /0 Chairpe on, Short Subdivision Committee VICINITY MAP NTS SURVEY IN 8 1 1 0 * NE 1/4 OF SECTION, JO T.23 N.A. 04 E W.M., IN KING COUNTY, WASHINGTON 1111111111111''11111 �111I17W'II�IIIf�J'�I 20100211900001 I' IR I( NO NE • sm 1 .• KING2/01/3 t1 t '15 CgMT Ne 5.n8 LOU tr •Image, Supt. of Rem,d• 0-M E eZtions OWNERIS) ADDRESS: PHONE: RATHIDA PHIMVIENGKHAM 11829 44TH PLACE S. XX CITY/STATE/DP: SEATTLE, WA 98178 MRK ENGINEERING, PLLC 1954 UNION AVE NE. RENTON, WA 98059 PH: 206- 799 -1379 FX: DRAWN BY RAF DATE 04.20-2009 JOB NUMBER MRK. CHECKED 85 TLT SCALE =2D SHEET 1 01 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431.3670 FAX (206) 4314665 Email1 tukplan@tukwtla.wa.ua SHORT PLAT NUMBER L08 -064 BASIS OF BEARING: THE BASIS OF BEARING FOR THIS SURVEY IS NORTH 01.39.41' EAST BETWEEN THE FOUND MONUMENTS ON 46TH AVENUE SOUTH. VERTICAL DATUM: THE VERTICAL DATUM USED FOR THIS SURVEY IS NAVD 1988 BASED ON THE BENCHMARK CITY OF SEATTLE BENCH MARK 93V -917 ELEVATION 13.57 U.S. FEET AT THE INTERSECTION OF 46TH AVE. S. AND 44TH PL. 5. AT THE INTERSECTION OF OF THE 6 FOOT CYCLONE FENCES AT UNION TANK WORKS. REFERENCES: MONUMENT REFERENCE NOTES FOR THE REMOVAL AND PERPETUATION OF MONUMENTS TO BE DESTROYED DURING A SEWER PROJECT FOR THE CITY OF TUKWILIA RECEIVED FROM GRAY AND OSBORNE. HEREINAFTER REFERRED TO AS (R). RECORD OF SURVEY A.F.88802249013 RECORD OF SURVEY A.F.#7905089002 RECORD OF SURVEY A.F. #20030422900012 CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT A.F. #20030618900009 PLAT OF C.D. HILLMANS MEADOW GARDENS DIVISION NO.1 RECORDED IN VOLUME 12, OF PLATS, AT PAGE 64, RECORDS OF KING COUNT' WASHINGTON KING COUNTY ASSESSORS MAP, SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST. SURVEY METHOD: THIS SURVEY WAS CONDUCTED USING A SOKKIA POWER SET 2000 TWO SECOND TOTAL STATION USING CLOSED FIELD TRAVERSE METHODS WITH THE FINAL RESULTS MEETING OR EXCEEDING THE REQUIREMENTS SET FORTH IN WA.C. 332-130-090. NOTE: THIS SURVEY DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD. LINES AND CORNERS SHOWN HEREON ARE GEED LINES AND IN NO MANNER INTEND TO DISPLAY OWNERSHIP LINES AND CORNERS THAT MAY BE DETERMINED IN A COURT OF LAW. RATHIDA SHORT PLAT POR. SW 1/4 OF NE 1/4 OF, SEC. 10 TWP., 23 N., RGE., 04 E., W.M. FOUND Y BRASS MONUMENT WITK' FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC. VISITED SEPTEMBER BIOS N 88'12'12'W 96.70 (C) 8 (M) LEGEND FOUND MONUMENT AS NOTED. O FOUND 5/8' REBAR AND CAP L.S. 813731 FOUND Y BRASS MONUMENT w'TN'� FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC VISITED SEPTEMBER 1008 CALL. POSITION PER MONUMENT NOTES FROM GRAY AND OSITOURNE INC. \�� \1P Avery \� \ \ \\ FOUND 3: BRASS MONUMENT WIM✓ FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOIIRNE 25. INC. VISITED SEPTEMBER 2000 J 544.98'(M)� 545.11(9) N 87'2913 W ,III NORTH IVOLUMEl PAGE (31 GRAPEHC SCAN 0 60 100 = 300' ///��� F W NO Y BRASS MONUMENT WINI J NOTE WITH GRAY A MONUMENT NOTES FROM GRAY AND OSBOURNE WITIT INC. VISITED SEPTEMBER 1006 OWNERS) ADDRESS: PHONE: RATHIDA PHIMVIENGKHAM 11829 4479 PLACE 5. XX Cm/STATE/ZIP: SEATTLE, WA 98178 MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA 98059 PH: 206- 799 -1379 FX: DRAWN BY DATE CHECKED BY JOB NUMBER RAF 04- 20-2009 MRK- SCALE B 1' = 100 SHEET 2 of 4 • • City of Tukwila Department of Community Development 6100 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206)431.3670 FAX (206)431.3665 E.mailt tukplangtukwile.wa.us SHORT PLAT NUMBER L08-064 RATHIDA SHORT PLAT POR. SW 114 OF NE 1/4 OF, SEC. 10, TWP., 23 N., RGE., 04 E., W.M. 1VOLUMEc%, ff PAGE 36, OWNER(S8 RATHIOA PHDAVIENGKHAM ADDRESS. 1 829 44TH PLACE S. PHONE: XX CITY/STATE/ER SEATTLE. WA 98178 MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON. WA 98059 PH: 206-799-1379 FX: DRAWN BY CHECKED BY RAF TLT DATE SCALE 04-20.2009 1" = 20 JOB NUMBER SHEET MRK- 3 or 4 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, TokwIIo. WA 98188 Telephone (206) 4313670 FAX (206) 431-3665 tukplanatukwila.wa.us SHORT PLAT NUMBER L08-064 RATHIDA SHORT PLAT POR. SW 1/4 OF NE 1/4 OF, SEC. 10, TWP., 23 N., RGE., 04 E., W.M. VOLUMEM PAGE/ 3g NORTH, GRAPHIC SCALE 0 10 20 1=rni LEGEND • SET REBAR AND CAP L.S. 841037 0 FOUND 5/Er REBAR AND CAP L.S. 813731 20 INGRESSEGRESS AND 1.1111.1TV 550554501 00101 1 FOR LOT 2 C. REC. 00, 20090923000723 \LOT of \ 0.907 SO 2967 016AC L FOUND NB. REBAR 4740 04* L.S 213721, 5001* 22.02331 WEST 3.541FROM CALCULATED PCSMON 171 5. ESSIL N 13.56-7Z1o5;is 4.01 02 6,537 SF 015AC 50004. —61 1073361W --EJ- .1 1 J gl OWNER1S7 RATHIDA PHIMWENCKHAM ADDRESS 11829 44TH PLACE S. PHONE XX CITY/STATE/21P SEATTLE. WA 98178 MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA 98059 PH: 206-799-1379 FX: DRAWN BY CHECKED BY DATE JOB NUMBER RAF 04-20-2009 MRK- SCALE SHEET 21.2 120 : 4 OF 4 City of Tukwila Department of Community Development 6300 Southeenter Boulevard, TukvAta, WA 98188 Telephone (208) 431-3670 FAX (206) 431-3865 tukplanfttukwIlavra.us SHORT PLAT NUMBER L. NORTH CRLPHIC SCADS 0 1Z ZO 6!1 • ZO' LEGEND: CONWEROUS TREE 6 DECIDUOUS TRES FTCL, POWER POLE MAL SOD • EXISTING WATER NETER N PROPOSED WATER METER • EXISTING FIRE HYDRANT SEWER MANHOLE EXISTING IMPERVIOUS SURFACE HOUSE = 1,123 SF ACCESS AND DRNETNAY = 345 SF TOTAL IMPERVIOUS = 1,488 SF PROPOSED IMPERVIOUS SURFACE BUILDINGS ROOF OUTLINE = 2,585 SF ACCESS AND DRIVEWAY = 791 SF TOTAL IMPERVIOUS = 3,358 SF • • • • • • • \ • • • • / --. \ • \ • • • • \ \ • • • • • 1 \ • • • \ \ \IP \ • \\ tp\ 12' DIA CONC IE = 11.24' \ ". 12' DIA CONC IE = 11.70' -<,s‘ N 88"13'56 W // 8,907 SF 0.16 AC LOT #1 / /11 28.67 12' DIA CONC 1E = 11.26' HANDHOLD ELEC. BOX 12" DIA CONC IE = 11.33' W SEWER MAIN IE = 7.14' FOUND 5/8' REBAR AND CAP L.S. #13731, SOUTH 22'07'33" WEST 3.54' FROM CALCULATED POSITION. et.ec tg,TE.P, 87.15' / 1 5' BSBL N 88'13'56" W 107.15' Z. • I- / / 57.00' / .... / I I I LOT #2 ,- I // PROPOSED I '1 6,537 SF / HOUSE I 1.2 60) FOOTPRINT I co / 0.15 AC , I :7 / FF EL = 14.50 FT I o • a / I ? / —I / I I / SPLASH BLOCK I / (2'Wx3'Lx6"D) I 1 I \ \ 1I CrYP'5. 57.00' ' 5' BSBL i _,(7: 107.18' _ N 88°136" W — ., 0— C • w \ tp \ \ • ■ . \ \ \ Fcr) 20' INGRESS/EGRESS AND" • • • 7 UTILITY EASEMENT ON • b G LOT 1 FOR LOT 2 • • • -17.,_ SSCO #2 z \ \ • \ EXIST. CB RIM = 13.36' • • • • d",IN . • • 1 ilEEsN:1111:1166: • • • • • • • IEE= 11.41 • • • • • • • • • • \ • , \ • "a• ., • • • • • l'i_ • • • • • • • • • \ • • • \ EXIST. SSMH \ , • • • RIM = 14.10' \ • • \ ‘ik.= 7.57' \, • • / • \ • • \ • \ \ \ • \ / ( • • ROOF DOWNSPOUT SERVES UP TO 700 S.F. OF ROOF VEGETATED FLOW PATH SPLASH BLOCK HOUSE DOWNSPOUT EXIENSON - NTS SPLASH 8100< E2' W z 3' L. tt 8' 5) DETAIL k ROOF DOWNSPOUT SPLASHBLOCK TS BASIS OF BEARING: THE BASIS OF BEARING FOR THIS SURVEY IS NORTH 01'39' 41" EAST BETWEEN THE FOUND MONUMENTS ON 48TH AVENUE SOUTH. VERTICAL DATUM: THE VERTICAL DATUM USED FOR THIS SURVEY 15 NAVD 1988 BASED ON THE BENCHMARK CITY OF SEATTLE BENCH MARK 63V-91T ELEVATION 13.57 U.S. FEET AT THE INTERSECTION OF 46TH AVE. S. AND 44TH PL. S. AT THE INTERSECTION OF OF THE 6 FOOT CYCLONE FENCES AT UNION TANK WORKS. 1 10 10 FD J 0— • • • \\ • \ \\ • \ RECENED OCT 1 7 2008 COMMUNITY DEVELOPMENT CALL 2 DAYS BEFORE YOU DIG 1-800-424-5555 B Y: APPROVED FOR CONSTRUCTION CITY ENGINEER DATE: BY: DATE: UTILITIES SUPERINTENDENT APPROVAL EXPIRES: SHEE T Cl of 1 City of *ern Departm munity Development 6300 South,. Boulevard, Tukwila, WA 98188 Telephone (206) 4314670 FAX (206) 4313665 E•nail: tukplanntukwIla.wa.us SHORT PLAT NUMBER L08 -064 DECLARATION • Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein described do hereby make a short subdivision thereof pursuant to RCW 58.17.060 and acknowledge that said subdivision shall not be further divided in any manner within a period of five years, from date of record, without the filing of a final plat The undersigned further declare this short plat to be the graphic representation of said short subdivision and the same Is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. • Name: KQC h rm e4 UU 1 I'2a'w, Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the Individual who executed the within and foregoing Instrument and acknowledged that helshe signed the same as his/her voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of . 20 Signature: Name as commissioned: Title: My appointment expires: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the Individual who executed the within and foregoing Instrument and acknowledged that helshe signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of . 20 Signature: Name as commissioned: Title: My appointment expires: LAND SURVEYOR'S CERTIFICATE I , registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot comers staked on the ground as depicted on the plat. RATHIDA SHORT PLAT LEGAL DESCRIPTION (OLD) LEGAL DESCRIPTION AS PER COMMITMENT FOR TITLE ORDER NO. 7-08050649 FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON. LOTS 3,4,5 AND THE NORTH 20 FEET OF LOT 6, BLOCK 5, PLAT OF C.D. HILLMANS MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NUMBER 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, AT PAGE 64 IN THE RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 140 FEET THEREOF. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. LEGAL DESCRIPTIONS (NEW) NEW LOT 1 COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 3, BLOCK 5, OF THE PLAT OF C.D. HILLMANS MEADOW GARDEN ADDITION TO THE crry OF SEATTLE ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 12, OF PLATS AT PAGE 64, RECORDS OF KING COUNTY. WASHINGTON AND THE TRUE POINT OF BEGINNING; THENCE NORTH 88•1356' WEST ALONG THE NORTHERLY LINE OF ..e •T 3, A DISTANCE OF 55.76 FEET TO THE NORTHWESTERLY CORNER OF LOT 1; CE SOUTH 01'4158' WEST A D I" & • .00 • E SO i - Y CORNER OF LOT 1; THENCE SOUTH 88'1356' EAST ALONG THE SOUTHERLY UNE OF LOT 1 A DISTANCE OF 107.15 FEET TO THE SOUTHEASTERLY CORNER OF LOT 1; THENCE NORTH 01'409r EAST A DISTANCE OF 18.39 FEET TO THE WESTERLY MARGIN OF FORTY FOURTH PLACE SOUTH; THENCE NORTH 38.33'40' WEST ALONG THE WESTERLY MARGIN OF FORTY FOURTH PLACE SOUTH A DISTANCE OF 79.51 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS, AND UTIUTIES DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 63, BLOCK 5, OF THE PLAT OF C.D. HILLMANS MEADOW GARDEN ADDITION TO THE CITY OF SEATTLE ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 12, r`F PLATS AT PAGE 64, RECORDS OF KING COUNTY, WASHINGTON AND THE TRUE POINT OF'BEGINNING; THENCE SOUTH 1 °403r WEST ALONG THE WESTERLY LINE OF LOW 631. DISTANCE OF 18.39 FEET; THENCE NORTH 88°1356' WEST A DISTANCE OF 20.00 FE THENCE NORTH 1 °4097' EAST A DISTANCE OF 41.99 FEET TO Ti-LE SOUTHWESTERLY MARGIN OF 44TH PLACE SOUTH; THENCE SOUTH 3883310' EAST ALONG THE SOUTHWESTERLY MARGIN OF 44TH PLACE SOUTH TO THE TRUE POINT OF BEGINNING. NEW LOT 2 LOT 5, THE SOUTH 1 FOOT OF LOT 4, AND THE NORTH 20 FEET OF LOT 6, BLOCK 5, C.D. HILMANS MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DMSION NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12, OF PLATS, PAGE(S) 64, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 140 FEET THEREOF; TOGETHER WITH AN INGRESS/EGRESS AND UTIUTIES EASEMENT ON LOT 1 AS SHOWN ON THE PLAN; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. INGRESS/EGRESS & UTILITY EASEMENT ON LOT 1 FOR LOT 2 (KING COUNTY REC. NO.: 20090923000723) COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 63, BLOCK 5, OF THE PLAT OF C.D. HILLMANS MEADOW GARDEN ADDITION TO THE CITY OF SEATTLE ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 12, (:F PLATS AT PAGE 84, RECORDS OF KING COUNTY, WASHINGTON AND THE TRUE POINT OF BEGINNING; THENCE SOUTH ?40'3r WEST ALONG THE WESTERLY LINE OF LOT 83 A DISTANCE OF 18.39 FEET; THENCE NORTH 88°1356' WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 1 °40'3r EAST A DISTANCE OF 41.99 FEE TO THE SOUTHWESTERLY MARGIN OF 44TH PLACE SOUTH; THENCE SOUTH 38°33'40' EAST ALONG THE SOUTHWESTERLY MARGIN OF 44114 PLACE SOUTH TO THE TRUE POINT OF BEGINNING. SURVEY IN 8W 1/4 OF NE 1/4 OF SECTION 70 T. 23 N. R 04E., W.M., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE Fled tar recc,d at the request of the Illy of TukrMa this day of 20 at minutes past M, and recorded In Volume of Plats, on page of King may, Washington. records King County Manager Supt. of Rends and Becilona OWNER(Sk ADDRESS: 11829 44TH PLACE S. PHONE: XX CITY/STATE/21P: SEATTLE, WA 98178 RATHIDA PHIMVIENGKHAM IVOLUME PAGE APPROVALS KING COUNTY FINANCE DMSION 1 certify that all property taxes are paid and that a deposit has been made In sufficient amount to pay the taxes for the following year that there are no delinquent special assessments certified to this office for collection; and that all special assessments on any of the property herein dedicated as streets, alleys, or for other public use are pald In full. This day of . 20 King County Treasurer Deputy King County Treasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments this day of , 20 King County Assessor Deputy Assessor Parcel Number(s) TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of , 20 Chairperson, Short Subdivision Committee VICINITY MAP NTS MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA98059 PH: 206 -799 -1379 FX: K U DEC 14 Y009 COMMUNRY DEVELOPMENT DRAWN BY RAF DATE 04-20 -2009 CHECKED BY TLT SCALE 1' =20' • JOB NUMBER MRK- SHEET OF 4 • • City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 Email: tukplan@tukwila.wa.us SHORT PLAT NUMBER L08 -064 RATHIDA SHORT PLAT POR. SW 1/4 OF NE 1/4 OF, SEC. 10, TWP., 23 N., RGE., 04 E., W.M. N 88•13'58• 55.78' LOT01 8,907 SF 0.18 AC 2087 VOLUME PAGE NORTH GRAPHIC SCALE 0 10 20 1• 20' LEGEND • SET REBAR AND CAP L.S. #41037 O FOUND 5/8' REBAR AND CAP LS. #13731 20' INGRESS/EGRESS AND UTILITY EASEMENT ON LOT 1 FOR LOT 2 K.C. REG NO.: 0O729 FOUND 5R' REBAR AND CAP 1.3 013731, SOUTH 22•07•33' WEST 254' FROM CALCULATED POSmON. 19.34 r L S BSBL 87.15' N 88.13'58'W 107.15 : :31 ..°V 5' BSBL LOT 92 8,537 SF 0.15 AC 107.18• 88.13'56'w J 2 81 \ \ OWNER(.^,k ADDRESS: PHONE RATHIDA PHIMVIENGKHAM 11829 44TH PLACE S. xx CDY/STATE/LP: SEATTLE. WA 98178 • MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA 98059 PH: 206-799-1379 FX: DECEIVE DEC 14 20 DRAWN BY RAF DATE 04-20 -2009 JOB NUMBER MRK- C■iMMUNWT1 •11114,• CHECKED BY TLT SCALE 1`= 20' SHEET 4 OF 4 City of Tull Department mutiny Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 4313670 FAX (206) 431-3665 E4naII: tukplan@Rukwila.wa.us SHORT PLAT NUMBER L08 -064 BASIS OF BEARING: THE BASIS OF BEARING FOR THIS SURVEY IS NORTH 01'39' 41' EAST BETWEEN THE FOUND MONUMENTS ON 48111 AVENUE SOUTH. VERTICAL DATUM: THE VERTICAL DATUM USED FOR THIS SURVEY IS NAVD 1988 BASED ON THE BENCHMARK CITY OF SEATTLE BENCH MARK 93V -917 ELEVATION 13.57 U.S. FEET AT THE INTERSECTION OF 46TH AVE. S. AND 44TH PL. S. AT THE INTERSECTION OF OF THE 6 FOOT CYCLONE FENCES AT UNION TANK WORKS. REFERENCES: MONUMENT REFERENCE NOTES FOR THE REMOVAL AND PERPETUATION OF MONUMENTS TO BE DESTROYED DURING A SEWER PROJECT FOR THE CITY OF TUKWILIA RECEIVED FROM GRAY AND OSBORNE. HEREINAFTER REFERRED TO AS (R). RECORD OF SURVEY A.F.#8802249013 RECORD OF SURVEY A.F.#7905089002 RECORD OF SURVEY A.F.#20030422900012 CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT A.F.#20030818900009 PLAT OF C.D. HILLMANS MEADOW GARDENS DIVISION NO.1 RECORDED IN VOLUME 12, OF PLATS, AT PAGE 64, RECORDS OF KING COUNTY WASHINGTON KING COUNTY ASSESSORS MAP, SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST. SURVEY METHOD: THIS SURVEY WAS CONDUCTED USING A SOKKIA POWER SET 2000 TWO SECOND TOTAL STATION USING CLOSED FIELD TRAVERSE METHODS WITH THE FINAL RESULTS MEETING OR EXCEEDING THE REQUIREMENTS SET FORTH IN WA.C. 332- 130-090. NOTE: THIS SURVEY DOES NOT PURPORT TO SHOW ALL EASEMENTS OF RECORD, LINES AND CORNERS SHOWN HEREON ARE DEED LINES AND IN NO MANNER INTEND TO DISPLAY OWNERSHIP LINES AND CORNERS THAT MAY BE DETERMINED IN A COURT OF LAW. F.THIDA SHORT PLAT POR. SW 1/4 OF NE 1/4 OF, SEC. 10 TWP., 23 N., RGE., 04 E., W.M. FOUND Y BRASS MONUMENT WIT.. FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC. VISITED SEPTEMBER 2008 N 88'1212"W 96.78' (C) & (M) LEGEND FOUND MONUMENT AS NOTED. O FOUND 5/8' REBAR AND CAP LS. 813731 FOUND 3' BRASS MONUMENT WITH'.' FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC. VISITED SEPTEMBER 2008. CALC. POSITION PER MONUMENT NOTES FROM GRAY AND OSBOURNE INC. NORTH 1VOLUME PAGE 44TH AVE. S 25' 544.98'(M) 545.11(R) N 87'2913' W GRAPRTC SCALE 0 50 100 1' - 100' FOUND 9' BRASS MONUMENT WITH'.' FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC. VISITED SEPTEMBER 2008. FOUND 3' BRASS MONUMENT WITH'.. FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC. VISITED SEPTEMBER 2008. OWNER(S) RATHIDA PHIMVIENGKHAM ADDRESS: 11829 44TH PLACE S. PHONE )X CITY/STATE/ZIP: SEATTLE, WA 98178 MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA 98059 PH: 206-799-1379 FX: DRAWN BY RAF RECEFV ED DEC 14 2009 DATE COMMUNITY JOB NUMBER 04-20 -2009 MRK- CHECKED BY TLT SCALE 1' =100' SHEET 2 OF 4 City of Tuk DepartmentWimunIty Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 4313670 FAX (206) 431-3665 Email: tukplan@tukwila.wa.us SHORT PLAT NUMBER L08 -064 • RATHIDA SHORT PLAT POR. SW 1/4 OF NE 1/4 OF, SEC. 10, TWP., 23 N., RGE., 04 E., W.M. N 88'1356' W 5575' 28.67 FOUND 518' REBAR AND CAP L.S. 813731. SOUTH 22'OT33' WEST 354' FROM CALCULATED POSmON. IVOLUME PAGE NORTH GRAPHIC SCALE 0 10 20 1' 20' EXISTING LOT 13.444 SF D.309 AC 12 107,16 88 1358' W OWNER(S): RATHIDA PHIMVIENGKHAM ADDRESS: 11829 44TH PLACE S. PHONE: XX CI Y/STATEIZIP* SEATTLE. WA 98178 MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA98059 PH: 206-799-1379 FX DRAWN BY RAF CHECKED BY TLT DATE r."1- 111=1"1 DEC 14 2009 n:'7tUNTTY JEV4LOP&IENT JOB NUMBER 04- 20-2009 MRK- SCALE 20' SHEET 3 of 4 • City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan(tukwilawa.us SHORT PLAT NUMBER Lo 8 - 0 6 y DECLARATION Know all men by these present that we, the undersigned, owner(s) in fee simple of the land herein described do hereby make a short subdivision thereof pursuant to RCW 58.17.060 and acknowledge that said subdivision shall not be further divided in any manner within a period of five years, from date of record, without the filing of a final plat. The undersigned further declare this short plat to be the graphic representation of said short subdivision and the same is made with the free consent and in accordance with the desire of the owner(s). In witness whereof we have set our hands and seals. Name: Name: Name: Name: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the individual who executed the within and foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of . 20 Signature: Name as commissioned: Title: My appointment expires: STATE OF WASHINGTON County of King On this day personally appeared before me to me known to be the Individual who executed the within and foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Signature: Name as commissioned: Title: My appointment expires: LAND SURVEYOR'S CERTIFICATE , registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown hereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot comers staked on the ground as depicted on the plat. • RATHIDA SHORT PLAT LEGAL DESCRIPTION (OLD) LEGAL DESCRIPTION AS PER COMMITMENT FOR TITLE ORDER NO. 7-08050649 FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON. LOTS 3,4,5 AND THE NORTH 20 FEET OF LOT 6, BLOCK 5, PLAT OF C.D. HILLMANS MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NUMBER 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, AT PAGE 64 IN THE RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 140 FEET THEREOF. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. LEGAL DESCRIPTIONS (NEW) NEW LOT 1 LOTS 3 AND 4, BLOCK 5, C.D. HILMANS MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12, OF PLATS, PAGE(S) 64, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 1 FOOT OF LOT 4; EXCEPT THE WEST 140 FEET THEREOF. TOGETHER WITH INGRESS /EGRESS AND UTILITIES EASEMENT FOR LOT 2 AS SHOWN ON THE PLAN. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. NEW LOT 2 LOT 5, THE SOUTH 1 FOOT OF LOT 4, AND THE NORTH 20 FEET OF LOT 6, BLOCK 5, C.D. HILMANS MEADOW GARDENS ADDITION TO THE CITY OF SEATTLE, DIVISION NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12, OF PLATS, PAGE(S) 64, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 140 FEET THEREOF. ALONGWITH WITH AN INGRESS/EGRESS AND UTILITIES EASEMENT ON LOT 1 AS SHOWN ON THE PLAN . SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SURVEY IN SW 1/4 OF NE 1/4 OF SECTION 10 T. 23 N. R. 04 E., W.M., IN KING COUNTY, WASHINGTON RECORDING CERTIFICATE Flied for record at the request of the City of Tukwila this day of , 20 at minutes past M and recorded in Volume of Plats, on page of King County, Washington. records King County Manager Supt. of Records and Elections OWNER(S): ADDRESS: PHONE: RATHIDA PHIMVIENGKHAM 11829 44TH PLACE S. XX CITY /STATE/ZIP: SEATTLE, WA 98178 APPROVALS • (VOLUME PAGE KING COUNTY FINANCE DIVISION I certify that all property taxes are paid and that a deposit has been made in sufficient amount to pay the taxes for the following year that there are no delinquent special assessments certified to this office for collection; and that all special assessments on any of the property herein dedicated as streets, alleys, or for other public use art paid in full. This day of , 20 King County Treasurer Deputy King County Treasurer KING COUNTY ASSESSOR'S APPROVAL Examined and approved by the Department of Assessments this day of , 20 King County Assessor Deputy Assessor Parcel Number(s) TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of , 20 Chairperson, Short Subdivision Committee RECEIVED OCT 17 2008 COMMUNITY DEVELOPMENT VICINITY MAP NTS MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA 98059 PH: 206-799-1379 FX: DRAWN BY RAF DATE 10-12 -2008 JOB NUMBER MRK- CHECKED BY TLT SCALE 1' = 20' SHEET 1 OF 4 • City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone (208) 4314870 FAX (206) 431-3665 E-mail: tukplana ukwila.wa.us SHORT PLAT NUMBER BASIS OF BEARING: THE BASIS OF BEARING FOR THIS SURVEY IS NORTH 01'39' 41' EAST BETWEEN THE FOUND MONUMENTS ON 46Th AVENUE SOUTH. VERTICAL DATUM: THE VERTICAL DATUM USED FOR THIS SURVEY IS NAVD 1988 BASED ON THE BENCHMARK CITY OF SEATTLE BENCH MARK 93V -917 ELEVATION 13.57 U.S. FEET AT THE INTERSECTION OF 46TH AVE. S. AND 44TH PL. S. AT THE INTERSECTION OF OF THE 6 FOOT CYCLONE FENCES AT UNION TANK WORKS. REFERENCES: MONUMENT REFERENCE NOTES FOR THE REMOVAL AND PERPETUATION OF MONUMENTS TO BE DESTROYED DURING A SEWER PROJECTFOR THE CITY OF TUKWILIA RECIEVED FROM GRAY AND OSBORNE. HERINAFTER REFERRED TO AS (R). RECORD OF SURVEY A.F.#8802249013 RECORD OF SURVEY A.F.#7905089002 RECORD OF SURVEY A.F.#20030422900012 CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT A.F.#20030618900009 PLAT OF C.D. HILLMANS MEADOW GARDENS DIVISION NO.1 RECORDED IN VOLUME 12, OF PLATS, AT PAGE 64, RECORDS OF KING COUNTY WASHINGTON KING COUNTY ASSESSORS MAP, SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 4 EAST. SURVEY METHOD: THIS SURVEY WAS CONDUCTED USING A SOKKLA POWERSET 2000 TWO SECOND TOTAL STATION USING CLOSED FIELD TRAVERSE METHODS WITH THE FINAL RESULTS METTING OR EXCEEDING THE REQUIREMENTS SET FORTH IN W.A.C. 332 - 130 -090. NOTE: THIS SURVEY DOES NOT PUPORT TO SHOW ALL EASEMENTS OF RECORD, LINES AND CORNERS SHOWN HEREON ARE DEED LINES AND IN NO MANNER INTEND TO DISPLAY OWNERSHIP LINES AND CORNERS THAT MAY BE DETERMINED IN A COURT OF LAW. RATHIDA SHORT PLAT POR. SW 1/4 OF NE 1/4 OF, SEC. 10 TWP., 23 N., RGE., 04 E., W.M. FOUND 3' BRASS MONUMENT WITH',' FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC. VISITED SEPTEMBER 2008 N 88 °12'12" W 96.78' (C) 8 (M) LEGEND FOUND MONUMENT AS NOTED. O FOUND 5/8' REBAR AND CAP L.S. #13731 FOUND 3' BRASS MONUMENT WITH' +' FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC. VISITED SEPTEMBER 2008. OWNER(S): ADDRESS: PHONE: RATHIDA PHIMVIENGKHAM 11829 44TH PLACE S. XX CITY /STATE/ZIP: SEATTLE, WA 98178 CALL. POSITION PER MONUMENT NOTES FROM GRAY AND OSBOURNE INC. 2 SITE • 'Ly (VOLUME PAGE NORTH Cn N 544.98'(M) 545.11(R) N 87 °29'13' W 25'1 46TH AVE. S. 25' GRAPHIC SCALE 0 50 100 1' 100' FOUND 3' BRASS MONUMENT WITH•.' FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC. VISITED SEPTEMBER 2008. FOUND 3' BRASS MONUMENT WITH"., FLUSH WITH SURFACE MONUMENT NOTES FROM GRAY AND OSBOURNE INC. VISITED SEPTEMBER 2008. MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA 98059 PH: 206 -799 -1379 FX: RECEIVED DRAWN BY DATE JOB NUMBER R MRK- CHECKED BY RAF SCALE 10-12 -2008 O OCT . I -SHEET '2 20n TLT 1' = 100' 1i1 rrr ■ RiF1AIINI' 2 OF 4 DEVELOPMI • . • • City of Tukwila Department of Community Development 6300 Southeenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431 -3665 E -mail: tukplan@tukwila.wa.us SHORT PLAT NUMBER 25.00 44TH AVE. S. 25 C RATHIDA SHORT PLAT POR. SW 1/4 OF NE 1/4 OF, SEC. 10, TWP., 23 N., RGE., 04 E., W.M. rb r W- k 2 O V rib cy C A' ELY eV" tiY • VOLUME PAGE NOR TH GRAPHIC SCALE 0 12 20 1'20' 110.00' N 88'2226'W tlrb OWNER(S): ADDRESS: PHONE: RATHIDA PHIMVIENGKHAM 11829 44TH PLACE S. X)( CITY /STATE/ZIP' SEATTLE, WA 98178 MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA 98059 PH: 206 -799 -1379 FX: RECEIVED DRAWN BY DATE RAF CHECKED BY TLT SCALE 06_108 UL I 1 I it-ER MRK- 1'=20' COMMU i�'1�ET 3 OF 4 OF1[FIOP ENT • City of Tukwila Department of Community Development 6300 Southeenter Boulevard, Tukwila, WA 98188 Telephone (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@tukwila.wa.us SHORT PLAT NUMBER LOB— °Coq LEGEND: DECIDUOUS TREE cO, POWER POLE *Hat POWER POLE ® MAIL BOX f8 EXISTING WATER METER EXISTING FIRE HYDRANT SEWER MANHOLE RATHIDA SHORT PLAT POR. SW 1/4 OF NE 1/4 OF, SEC. 10, TWP., 23 N., RGE., 04 E., W.M. 112 LOT 01 6,907 SF 0.16 AC 28.67 4 FOUND 5/8' REBAR AND CAP L.S. 813731, SOUTH 22'07'33' WEST 3.54' FROM CALCULATED POSmON. VOLUME PAGE NORTH GRAPHIC SCALC 0 12 20 5' 6SBL 87.15' N 88.1356'W 107.15' 20.00' E LOT 82 6537 SF 0.15 AC 57.00' PROPOSED HOUSE FOOTPRINT FF EL - 14.50 FT L - -- 57.00' 5' BSBL u •107.16 �- '13'58• W J 2 R 20' INGRESS/EGRESS AND UTILITY EASEMENT ON LOT 1 FOR LOT s \' OWNER(S): RATHIDA PHIMVIENGKHAM ADDRESS: 11829 44TH PLACE S. PHONE: XX CITY/STATEJZIP: SEATTLE, WA 98178 MRK ENGINEERING, PLLC 1954 UNION AVE NE, RENTON, WA98059 PH: 206 -799 -1379 FX: OCT 17 2008 COMMUNITY DRAWN BY RAF DATE 10-12 -2008 MRK- CHECKED 8? TLT SCALE 1._20' SHEET 4 OF 4