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HomeMy WebLinkAboutPermit PL16-0003 - MIKE DAVIS - RAU LOT SIZE ZONING VARIANCERAU LOT SIZE VARIANCE SITE APN: 0179001745 APPROVED PARENT PROJECT NO: PL16-0003 PROJECT NO: L16-0003 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director June 3, 2016 NOTICE OF DECISION TO: Mike Davis, Applicant Chalene Rau, Owner King County Assessor, Accounting Division Washington State Department of Ecology Brooke Alford, Party of Record Sean Albert, Party of Record Lisa Krober, Party of Record Mary Fertakis, Party of Record Frederick Knoff, Party of Record This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Protect File Number: L16-0003 Applicant: Mike Davis, Kingston Real Estate Type of Permit Applied for: Zoning Code Variance Project Description: Zoning Code Variance to build one single-family home on a substandard lot in the Low Density Residential (LDR) zone. The 6,000 square foot lot does not meet the 6,500 square foot lot minimum for the LDR zone. Location: 122XX 50th Avenue S., King County parcel Number 0179001745 Associated Files: NA Comprehensive Plan Designation/Zoning District: Low Density Residential (LDR)/ Low Density Residential (LDR) II. DECISION SEPA Determination: The City SEPA Responsible Official has determined that this application does not require a SEPA threshold determination because it is categorically exempt. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Page 2 of 2 Decision on Substantive Permit: The City Hearing Examiner has determined that the application for a zoning code variance does comply with applicable City and state code requirements and has approved that application, as set forth in the attached City of Tukwila Hearing Examiner Findings, Conclusions, and Decision. III. YOUR APPEAL RIGHTS The Decision on this Application is a Type 3 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of the Decision is permitted. A party who is not satisfied with the Hearing Examiner's decision may file an appeal in King County Superior Court. IV. PROCEDURES AND TIME FOR APPEALING Any party wishing to challenge the Hearing Examiner's Decision must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the Hearing Examiner's decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Laura Benjamin, who may be contacted at 206-433-7166 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Department of Community Development City of Tukwila ENCL: City of Tukwila Hearing Examiner Findings, Conclusions, and Decision, dated May 27, 2016 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov CITY OF TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION Applicant: Mike Davis, Kingston Real Estate Owner: Chalene Rau Request: Variance to allow construction of a single family home on a lot that does not meet the minimum lot size for the Low Density Residential zone. Location: 122XX 50th Avenue S., King County Parcel Number 0179001745. File Number: L16-0003 Comprehensive Plan and Zoning Designation: Low Density Residential (LDR) SEPA Determination: Exempt Public Hearing: May 20, 2016 Exhibits: The following exhibits were entered into the record: Exhibit 1: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Attachment H: Attachment I: Exhibit 2: Department's staff report and Attachments A -I Variance Application Applicant's response to variance criteria Plat map provided by applicant Aerial photo provided by applicant Site map provided by applicant Chain of Title for Parcel No. 0179001745 Chain of Title for Parcel No. 0179001730 Chain of Title for Parcel No. 0179001756 Public comments received by Department as of May 6, 2016 Comment email dated 5/9/16 from Mary Fertakis The following persons testified at the hearing: City: Laura Benjamin, Planner Applicant: Mike Davis, Kingston Real Estate Public: Frederick Knoff, 12224 49th Avenue S., Tukwila, WA 98168 Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 2 of 6 Introduction Applicant Mike Davis seeks a zoning code variance from the required minimum lot area in the Low Density Residential (LDR) zone. A public hearing was held on the application on May 20, 2016, at the Department of Community Development, 6300 Southcenter Boulevard, Tukwila, WA. Represented at the hearing were: the Department, by Laura Benjamin, Assistant Planner, Minnie Dhaliwal, Senior Planner, and the Applicant, Mike Davis, pro se. Except as otherwise noted, references to "Code" or "TMC" refer to the Tukwila Municipal Code. After due consideration of the evidence presented at the public hearing, the following shall constitute the findings of fact, conclusions and decision of the Hearing Examiner on this application. Findings of Fact 1. The subject property is a 6,000-square foot lot located immediately south of the intersection of 50th Avenue South and South 122"d Street. The property is legally described as Lots 37 and 38, Block 8 of the Allentown Addition to the City of Seattle. The Allentown Plat was created in 1896. 2. The property is zoned Low Density Residential (LDR). The minimum lot size in the LDR zone is 6,500 square feet. 3. The property is surrounded by lots developed with single family residences. In the Allentown area, including the area surrounding this site, the development pattern includes homes constructed on lots ranging from 2500 to 5000 square feet in size. 4. The property has been owned by Chalene Rau since 1969. She has not owned the adjacent properties to the north or south at least as far back as 2004. The lot configuration has not changed since at least 2005. 5. The applicant proposes to construct a single family residence on this lot. The applicant submitted a site plan showing that the residence would meet the required setbacks in the LDR zone. 6. Prior to 1937, the Washington Territory Legislature required that subdivisions be surveyed and recorded with the county where the plat was located. In 1937, the state legislature adopted the first subdivision regulations allowing cities and counties to regulate the division of land within their jurisdictions. 7. Prior to 2005, the City's Code allowed construction of one home per preexisting lot* of record, regardless of lot size, and many lots in Allentown were developed on substandard lots. In 2005, the City adopted Ordinance 2097, which amended the Code's definition of "lot" and added a definition of "substandard lot." The amendment specifically noted that "the fact that a \ / Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 3 of 6 parcel of property is defined as a 'lot' does not necessarily mean that it may be developed as a separate building site." In 2007, the City adopted Ordinance 2153, which further addressed the development of substandard lots and established criteria under which development could be allowed on such lots. 8. TMC 18.06.500 provides: A. "Lot" means a physically separate and distinct parcel of property which: 1. was created by plat, short plat, or binding site plan; or 2. was bought or sold as a separately -owned parcel of property prior to the requirement that lots be created by plat, short plat, or binding site plan; or 3. was created by a transaction which was exempt from the requirement that lots be created by plat, short plat or binding site plan. B. "Lots" may be bought or sold as separate parcels of property, but the fact that a parcel of property is defined as a "lot" does not necessarily mean that it may be developed as a separate building site. 9. TMC 18.70.030 provides: Substandard Lots A. A lot, as defined in TMC 18.06.500, which does not meet the minimum standard for average lot width for the zone in which it is located, may still be developed as a separate lot if the proposed use is one which is permitted in the zone, and the proposed development can comply with the remaining requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards (other than lot width) for the applicable zone and other applicable land use and environmental requirements, may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with the requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. C. Nothing in this subsection shall be deemed to prevent the owner of a sub- standard lot from applying for or receiving approval of variances pursuant to TMC Chapter 18.72. 10. TMC 18.72.020 sets forth the following criteria for variance approval. Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 4 of 6 The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located; 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which thesubject property is situated; 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan; 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. Conclusions 1. The Hearing Examiner has jurisdiction over this application pursuant to TMC 18.104.010. A variance cannot be granted unless all of the criteria set forth in TMC 18.72.020 are met. 2. The first criterion is whether the proposed variance constitutes a grant of special privilege inconsistent with the limits upon uses of other properties in the vicinity and zone. The subject property is within the LDR zone, which requires a minimum lot size of 6500 square feet. The minimum lot size requirements for single family uses in the zone and vicinity changed in 2005, so that substandard lots could be developed if the criteria of TMC 18.70.030 were met or the variance criteria of TMC 18.70.020 were met. The proposed variance would allow development of a single family residence on a substandard lot. Other substandard lots in the vicinity or zone have been developed for single family use, either prior to 2005 and 2007, or pursuant to TMC 18.72.030 or through the variance process. Granting a variance to allow development of the site as a single family residence would not constitute a grant of special privilege inconsistent with the limits on uses of other properties in the vicinity and zone. .` Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 5 of 6 3. The next criterion is whether the variance is necessary because of the property's special circumstances, so that the variance is necessary to provide it with the use rights and privileges permitted to other properties in the vicinity and zone. The lot was created by the 1896 plat, prior to the establishment of a 6500 square foot minimum lot size. Ms. Rau has owned this property since 1969, prior to enactment of the 2005 and 2007 ordinances that restricted development of substandard lots. In this case, the lot cannot be combined with adjacent lots to meet TMC 18.70.030.2; the adjacent lots are already developed. Records going back to 2004 show that she has not owned the adjacent properties. The variance is necessary because of the property's location and surroundings. 4. The third criterion is whether the granting of the variance would be materially detrimental to the public welfare or injurious to other property or improvements in the vicinity and zone. The subject site is approximately 500 square feet below the minimum lot size, but development on the site would otherwise be able to meet the development standards for the zone and all other applicable requirements. Granting the variance would not be materially detrimental to the public welfare, or injurious to other property or improvements in the vicinity and LDR zone. 5. The fourth criterion is whether the variance would adversely affect implementation of the Comprehensive Land Use Policy Plan. The City's Comprehensive Plan designates the Allentown neighborhood as Low Density Residential, and sets out policies concerning single family neighborhoods and new housing that is in harmony with the existing neighborhood. The variance would further the implementation of Comprehensive Plan policies applicable to Allentown; see, e.g., Policy 7.1.1, 7.5.3, and 7.5.5. 6. The fifth criterion is that the granting of the variance is necessary for the preservation and enjoyment of a substantial property right possessed by owners of other properties in the vicinity or zone. The property owner has owned this site since prior to enactment of the 2005 and 2007 Code changes. The property is too small to be used for any other use in the LDR zone except single family use. The variance is necessary to allow the property owner to enjoy the right of other similarly situated property owners in the vicinity or zone. 7. The variance request meets all of the criteria of TMC 18.70.020 and should be granted. The variance request is approved. Entered this 27th day of May, 2016. Decision Anne Watanabe Hearing Examiner Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 6 of 6 Concerning Further Review TMC 18.108.030 provides that "The decision of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C." BEFORE THE HEARING EXAMINER CITY OF TUKWILA CERTIFICATE OF SERVICE I certify under penalty of perjury under the laws of the State of Washington that on this date I sent true and correct copies of the attached Findings and Decision to each person listed below, or on the attached mailing list, in the matter of Mike Davis for Kingston Real Estate, Hearing Examiner file: L16-0003 in the manner indicated. Party Method of Service Laura Benjamin Department of Community Development 6300 Southcenter Boulevard, #100 Tukwila, WA 98188 Laura.Benjamin@Tukwila@WA.gov Minnie Dhaliwal Minnie.Dhaliwal@TukwilaWA.gov 1>:1 U.S. First Class Mail, postage prepaid ❑ Inter -office Mail /! E-mail ■ Fax ❑ Hand Delivery ❑ Legal Messenger Dated: May 27, 2016 Tiffany Ku Legal Assistant 11 .. city of Department Of Community AFFIDAVIT OF gaftwita '' Development DISTRIBUTION I, Laura Benjamin, HEREBY DECLARE THAT: Notice of Application X Notice of Decision Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was mailed eh of the addresses listed/attached on this ker day of June, 2016 Project Name: Rau Lot Size Variance Project Number: L16-0003 Associated File Number (s): PL16-0003 Mailing by: LyaBenjami requested . Mailer's signaturer!�'v _ > W:\USERS\LAURA\VARIANCE\L16-0003 RAU LOT SIZE VARIANCE\L16-0003 RAU LOT SIZE VARIANCE AFFIDAVIT OF DISTRIBUTION.DOC Ike Davis, Applicant 1.66 1st Avenue S, Suite 204 Normandy Park, WA 98166 miked@kingstonrealtynw.com halene Rau, Owner 5104 Delaware Avenue Everett, WA 98203 skrooke Alford 4724 S. 122nd Street Tukwila, WA 98178 Bmarie2@earthlink.net `kean Albert 4023 S. 114th Street Tukwila, WA 98168 Seanalbert2001@hotmail.com `lcisa Krober 11830 42nd Avenue S Tukwila, WA 98168 Perennial.gardens@comcast.net 'Vary Fertakis 1 822 42nd Avenue S Tukwila, WA 98168 mfertakis@comcast.net `Frederick Knoff 12224 49th Avenue S Tukwila, WA 98168 `ling County Assessor Accounting Division 500 Fourth Avenue, Room 709A Seattle, WA 98104 'Washington State Department of Ecology - SEPA Unit Sepaunit@ecy.wa.gov W:\USERS\LAURA\VARIANCE\L16-0003 RAU LOT SIZE VARIANCE\L16-0003 RAU LOT SIZE VARIANCE AFFIDAVIT OF DISTRIBUTION.DOC CITY OF TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION Applicant: Owner: Request: Location: File Number: Comprehensive Plan and Zoning Designation: SEPA Determination: Public Hearing: Exhibits: The following exhibits were Exhibit 1: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Attachment H: Attachment I: Exhibit 2: Mike Davis, Kingston Real Estate Chalene Rau Variance to allow construction of a single family home on a lot that does not meet the minimum lot size for the Low Density Residential zone. 122XX 50th Avenue S., King County Parcel Number 0179001745. L16-0003 Low Density Residential (LDR) Exempt May 20, 2016 entered into the record: Department's staff report and Attachments A -I Variance Application Applicant's response to variance criteria Plat map provided by applicant Aerial photo provided by applicant Site map provided by applicant Chain of Title for Parcel No. 0179001745 Chain of Title for Parcel No. 0179001730 Chain of Title for Parcel No. 0179001756 Public comments received by Department as of May 6, 2016 Comment email dated 5/9/16 from Mary Fertakis The following persons testified at the hearing: City: Applicant: Public: Laura Benjamin, Planner Mike Davis, Kingston Real Estate Frederick Knoff, 12224 49th Avenue S., Tukwila, WA 98168 O^ A Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 2 of 6 Introduction Applicant Mike Davis seeks a zoning code variance from the required minimum lot area in the Low Density Residential (LDR) zone. A public hearing was held on the application on May 20, 2016, at the Department of Community Development, 6300 Southcenter Boulevard, Tukwila, WA. Represented at the hearing were: the Department, by Laura Benjamin, Assistant Planner, Minnie Dhaliwal, Senior Planner, and the Applicant, Mike Davis, pro se. Except as otherwise noted, references to "Code" or "TMC" refer to the Tukwila Municipal Code. After due consideration of the evidence presented at the public hearing, the following shall constitute the findings of fact, conclusions and decision of the Hearing Examiner on this application. Findings of Fact 1. The subject property is a 6,000-square foot lot located immediately south of the intersection of 50th Avenue South and South 122nd Street. The property is legally described as Lots 37 and 38, Block 8 of the Allentown Addition to the City of Seattle. The Allentown Plat was created in 1896. 2. The property is zoned Low Density Residential (LDR). The minimum lot size in the LDR zone is 6,500 square feet. 3. The property is surrounded by lots developed with single family residences. In the Allentown area, including the area surrounding this site, the development pattern includes homes constructed on lots ranging from 2500 to 5000 square feet in size. 4. The property has been owned by Chalene Rau since 1969. She has not owned the adjacent properties to the north or south at least as far back as 2004. The lot configuration has not changed since at least 2005. 5. The applicant proposes to construct a single family residence on this lot. The applicant submitted a site plan showing that the residence would meet the required setbacks in the LDR zone. 6. Prior to 1937, the Washington Territory Legislature required that subdivisions be surveyed and recorded with the county where the plat was located. In 1937, the state legislature adopted the first subdivision regulations allowing cities and counties to regulate the division of land within their jurisdictions. 7. Prior to 2005, the City's Code allowed construction of one home per preexisting lot of record, regardless of lot size, and many lots in Allentown were developed on substandard lots. In 2005, the City adopted Ordinance 2097, which amended the Code's definition of "lot" and added a definition of "substandard lot." The amendment specifically noted that "the fact that a .4404 Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 3 of 6 parcel of property is defined as a 'lot' does not necessarily mean that it may be developed as a separate building site." In 2007, the City adopted Ordinance 2153, which further addressed the development of substandard lots and established criteria under which development could be allowed on such lots. 8. TMC 18.06.500 provides: A. "Lot" means a physically separate and distinct parcel of property which: 1. was created by plat, short plat, or binding site plan; or 2. was bought or sold as a separately -owned parcel of property prior to the requirement that lots be created by plat, short plat, or binding site plan; or 3. was created by a transaction which was exempt from the requirement that lots be created by plat, short plat or binding site plan. B. "Lots" may be bought or sold as separate parcels of property, but the fact that a parcel of property is defined as a "lot" does not necessarily mean that it may be developed as a separate building site. 9. TMC 18.70.030 provides: Substandard Lots A. A lot, as defined in TMC 18.06.500, which does not meet the minimum standard for average lot width for the zone in which it is located, may still be developed as a separate lot if the proposed use is one which is permitted in the zone, and the proposed development can comply with the remaining requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards (other than lot width) for the applicable zone and other applicable land use and environmental requirements, may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with the requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. C. Nothing in this subsection shall be deemed to prevent the owner of a sub- standard lot from applying for or receiving approval of variances pursuant to TMC Chapter 18.72. 10. TMC 18.72.020 sets forth the following criteria for variance approval. Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 4 of 6 The Hearing Examiner shall consider all requests for variance from the Zoning Code; variance from the provisions of such ordinances shall not be granted by the Hearing Examiner unless the Hearing Examiner finds that all of the following facts and conditions exist: 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located; 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which thesubject property is situated; 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan; 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. Conclusions 1. The Hearing Examiner has jurisdiction over this application pursuant to TMC 18.104.010. A variance cannot be granted unless all of the criteria set forth in TMC 18.72.020 are met. 2. The first criterion is whether the proposed variance constitutes a grant of special privilege inconsistent with the limits upon uses of other properties in the vicinity and zone. The subject property is within the LDR zone, which requires a minimum lot size of 6500 square feet. The minimum lot size requirements for single family uses in the zone and vicinity changed in 2005, so that substandard lots could be developed if the criteria of TMC 18.70.030 were met or the variance criteria of TMC 18.70.020 were met. The proposed variance would allow development of a single family residence on a substandard lot. Other substandard lots in the vicinity or zone have been developed for single family use, either prior to 2005 and 2007, or pursuant to TMC 18.72.030 or through the variance process. Granting a variance to allow development of the site as a single family residence would not constitute a grant of special privilege inconsistent with the limits on uses of other properties in the vicinity and zone. Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 5 of 6 3. The next criterion is whether the variance is necessary because of the property's special circumstances, so that the variance is necessary to provide it with the use rights and privileges permitted to other properties in the vicinity and zone. The lot was created by the 1896 plat, prior to the establishment of a 6500 square foot minimum lot size. Ms. Rau has owned this property since 1969, prior to enactment of the 2005 and 2007 ordinances that restricted development of substandard lots. In this case, the lot cannot be combined with adjacent lots to meet TMC 18.70.030.2; the adjacent lots are already developed. Records going back to 2004 show that she has not owned the adjacent properties. The variance is necessary because of the property's location and surroundings. 4. The third criterion is whether the granting of the variance would be materially detrimental to the public welfare or injurious to other property or improvements in the vicinity and zone. The subject site is approximately 500 square feet below the minimum lot size, but development on the site would otherwise be able to meet the development standards for the zone and all other applicable requirements. Granting the variance would not be materially detrimental to the public welfare, or injurious to other property or improvements in the vicinity and LDR zone. 5. The fourth criterion is whether the variance would adversely affect implementation of the Comprehensive Land Use Policy Plan. The City's Comprehensive Plan designates the Allentown neighborhood as Low Density Residential, and sets out policies concerning single family neighborhoods and new housing that is in harmony with the existing neighborhood. The variance would further the implementation of Comprehensive Plan policies applicable to Allentown; see, e.g., Policy 7.1.1, 7.5.3, and 7.5.5. 6. The fifth criterion is that the granting of the variance is necessary for the preservation and enjoyment of a substantial property right possessed by owners of other properties in the vicinity or zone. The property owner has owned this site since prior to enactment of the 2005 and 2007 Code changes. The property is too small to be used for any other use in the LDR zone except single family use. The variance is necessary to allow the property owner to enjoy the right of other similarly situated property owners in the vicinity or zone. 7. The variance request meets all of the criteria of TMC 18.70.020 and should be granted. The variance request is approved. Entered this 27th day of May, 2016. Decision Anne Watanabe Hearing Examiner t.. e Hearing Examiner Decision L16-0003 Rau Zoning Code Variance Page 6 of 6 Concerning Further Review TMC 18.108.030 provides that "The decision of the Hearing Examiner shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C." BEFORE THE HEARING EXAMINER CITY OF TUKWILA CERTIFICATE OF SERVICE I certify under penalty of perjury under the laws of the State of Washington that on this date I sent true and correct copies of the attached Findings and Decision to each person listed below, or on the attached mailing list, in the matter of Mike Davis for Kingston Real Estate, Hearing Examiner file: L16-0003 in the manner indicated. Party Method of Service Laura Benjamin L U.S. First Class Mail, postage prepaid Department of Community Development ❑ Inter -office Mail 6300 Southcenter Boulevard, #100 /1 E-mail Tukwila, WA 98188 ❑ Fax Laura.Benjamin@Tukwila@WA.gov ❑ Hand Delivery ❑ Legal Messenger Minnie Dhaliwal Minnie.Dhaliwal@TukwilaWA.gov Dated: May 27, 2016 Tiffany Ku Legal Assistant City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE HEARING EXAMINER Prepared May 6, 2016 HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: OWNER: REQUEST: LOCATION: SEPA DETERMINATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: STAFF: ATTACHMENTS: May 20, 2016 On April 25, 2016, Notice of Application and Notice of Public Hearing was mailed to all property owners and tenants within 500 feet of the subject property and was posted on the site. Notice of Public Hearing was published in the Seattle Times and on the City of Tukwila website on May 5, 2016. L16-0003 Mike Davis, Kingston Real Estate Chalene Rau Zoning Code Variance to build one single-family home on a substandard lot in the Low Density Residential (LDR) Zone. The 6,000 square foot lot does not meet the 6,500 square foot lot size minimum for the LDR zone. 122XX 50th Avenue S., King County Parcel Number 0179001745. The property is located within a residential area of the City and is surrounded by single-family homes. Exempt Low Density Residential (LDR) Low Density Residential (LDR) Laura Benjamin, Assistant Planner A. Variance Application B. Applicant's response to variance criteria C. Plat Map provided by applicant D. Aerial Photo provided by applicant E. Site Map provided by applicant F. Chain of Title for Parcel No. 0179001745 G. Chain of Title for Parcel No. 0179001730 H. Chain of Title for Parcel No. 0179001756 I. Public Comments, received as of May 6, 2016 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Page 2 of 7 W:\Users\Laura\Variance\L16-0003 Rau Lot Size Variance\L16-0003 Rau Lot Size Variance Staff Report.docx 5/9/2016 I. FINDINGS A. BACKGROUND i) Subject property and surrounding land uses/development The subject property is legally described as Lots 37 and 38, Block 8 of the Allentown Addition to the City of Seattle. The Allentown plat was platted in 1896. The property is zoned Low Density Residential (LDR). The minimum lot size within the LDR zone is 6,500 square feet. The property has been owned by Chalene Rau since 1969 (Attachment F). The site is currently undeveloped and is covered in vegetation. Surrounding land uses are residential. ii) Tukwila Municipal Code provisions for a substandard lot In 1937, the Washington State Legislature adopted the first subdivision regulations allowing cities and counties to regulate the division of land in their respective jurisdictions. Priorto 1937, the Washington Territory Legislature required that subdivisions be surveyed and recorded with the county where the plat was located. The City of Tukwila has hundreds of these pre-1937 lots. Individuals would often own multiple lots and use combined lots for single home sites. Homes were often constructed on lot lines, accessory buildings and septic tank drain -fields were constructed on neighboring lots, and adjacent lots were used as lawn area. Prior to 2005, the City's Zoning Code allowed construction of one home per preexisting lot of record regardless of lot size. The City adopted Ordinance 2097 in 2005 which modified the definition of lot and added a definition of a substandard lot. Ordinance 2153 was adopted in 2007 to further clarify development of substandard lots. Tukwila Municipal Code (TMC) 18.06.500 defines a lot as: A. "Lot" means a physically separate and distinct parcel of property which: 1. was created by plat, short plat, or binding site improvement plan; or 2. was bought or sold as a separately -owned parcel of property prior to the requirement that lots be created by plat, short plat, or binding site plan; or 3. was created by a transaction which was exempt from the requirement that Tots be created by plat, short plat or binding site plan. B. "Lots" may be bought or sold as separate parcels of property, but the fact that a parcel of property is defined as a "lot" does not necessarily mean that it may be developed as a separate building site. In regards to substandard lots, Tukwila Municipal Code (TMC) 18.70.030 notes: Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 3 of 7 W:\Users\Laura\Variance\L16-0003 Rau Lot Size Variance\L16-0003 Rau Lot Size Variance Staff Report.docx 5/9/2016 1. A Lot, as defined in TMC 18.06.500, which does not meet the minimum standard for average lot width for the zone in which it is located, may still be developed as a separate lot if the proposed use is one which is permitted in the zone and the proposed development can comply with the remaining requirements of this title regarding basic development standards for the applicable zone and other applicable land use and environmental requirements. 2. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards (other than lot width) for the applicable zone and other applicable land use and environmental requirements, may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with the requirements of this subsection, a boundary line adjustment shall occur so that the combined Tots are henceforth considered a single lot. 3. Nothing in this subsection shall be deemed to prevent the owner of a substandard lot from applying for or receiving approval of variances pursuant to TMC Ch. 18.72. Chalene Rau owns one-6000 square foot lot just south of the intersection of 50th Avenue S and S 122nd Street. The property is zoned Low Density Residential. Because the property does not qualify for development utilizing the provisions in TMC 18.70.030.1 or .2, the applicant, Mike Davis of Kingston Real Estate, has applied for a zoning code variance to build one single-family home on the substandard lot which will not meet the basic development standard for lot area. iii) Applicable Development Standards and Land Use Regulations "Basic Development Standards" are found in all of the City's land use classifications such as the LDR zone. The following are the "Basic Development Standards" within the LDR zone as outlined in TMC 18.10.060: LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 6,500 sq. ft. Average lot width (min. 20 ft. street frontage width), minimum 50 feet Setbacks to yards (minimum): • Front 20 feet • Front, decks or porches 15 feet • Second front 10 feet • Sides 5 feet • Rear 10 feet Height, maximum 30 feet Off-street parking: Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 4 of 7 W:\Users\Laura\Variance\L16-0003 Rau Lot Size Variance\L16-0003 Rau Lot Size Variance Staff Report.docx 5/9/2016 • Residential • Accessory dwelling unit • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations See 18.10.030 See TMC Chapter 18.56, Off-street Parking & Loading Regulations The applicant proposes to construct one single-family home on the site, which does not meet the basic development standard for lot area. Pursuant to TMC 18.70.030(3), the applicant may apply for a variance. B. VARIANCE CRITERIA The proposed project must comply with criteria detailed in TMC 18.72.020, (1-5), concerning Variance requests. The applicant's response to variance criteria is attached to this staff report as Attachment (B). Staff makes the following findings under the City's variance criteria (TMC 18.72.020): Under TMC 18.72.020 the Hearing Examiner must find that all of the criteria are met in order to approve the variance. 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located. The applicant is not asking for a use variance. Single family homes are a permitted use within the LDR zone. The applicant is requesting to construct one home on a 6000 sq. ft. lot and will meet all the other basic development standards such as setbacks, building footprint, height, parking etc. The lot is 60 feet wide which meets the average minimum lot width requirement of 50 feet in the LDR zone. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. The applicant's property is located in an area of the City that was platted in 1896, prior to the adoption of any subdivision or zoning laws. The purpose of these early plats was to provide an easier method to convey property. Prior to 2005 under the City's previous code provisions, property owners were permitted to have one home per existing lot regardless of the size of the lot. In 2005, the City adopted new regulations that allowed substandard lots to be combined and developed if the combined lots could then meet the minimum lot area requirements. See TMC 18.70.030.1-.2. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 5 of 7 W:\Users\Laura\Variance\L16-0003 Rau Lot Size Variance\L16-0003 Rau Lot Size Variance Staff Report.docu 5/9/2016 The platting pattern in Allentown is a mix. After sanitary sewers were installed and prior to the adoption of Ordinance 2153, a number of houses were constructed on lots that ranged from 2,500-5,000 sq. ft. in size. As a result, the pattern is a mix of homes on very small lots, and homes on larger lots that have not re -developed since the installation of sanitary sewers. This pattern can be observed on Attachment (D), the aerial photo of the area surrounding the subject site. Chalene Rau has owned the property since 1969 (Attachment F) and chain of title (Attachments G and H) show that she has not owned the adjacent properties to the north or south dating back to 2004, prior to the adoption of Ordinance 2153. The lot configuration has not changed since 2005. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated. The applicant is proposing to construct one single family home. The property is zoned LDR and single family homes are a permitted use within the LDR zone (TMC 18.10.020 (1)). The applicant is proposing off- street parking which meets the City's parking requirements. The proposed site map indicates that the home will meet the required setbacks of the LDR zone. If a variance is granted, the proposed house will connect to sanitary sewer and water. At the time of building permit submittal, the applicant will have to demonstrate compliance with the King County Surface Water Design Manual. The applicant will also be required to pay traffic impact fees to offset traffic impacts associated with the new home. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan. The City's Comprehensive Plan designates the Allentown neighborhood as Low Density Residential. The following goals and policies are set in the City's Comprehensive Plan regarding the City's residential neighborhoods: Policy 7.1.1 Maintain a comprehensive land use map that supports the preservation and enhancement of single- family and stable multi -family neighborhoods; eliminates incompatible land uses; and clearly establishes applicable development requirements through recognizable boundaries The applicant has proposed to construct one single-family dwelling within an existing residential district, which is not an incompatible land use. Policy 7.5.3 Support single-family residential in -fill housing that is in harmony with the existing neighborhood as a means of achieving adequate, affordable, and/or diverse housing. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 6 of 7 W:\Users\Laura\Variance\L16-0003 Rau Lot Size Variance\L16-0003 Rau Lot Size Variance Staff Report.docx 5/9/2016 Development within the Allentown Neighborhood drastically increased after the City provided sanitary sewer to the area. The current housing in the area is a mix of older homes on properties that contain multiple lots and homes which were built under a previous code provision of one home on one lot. Some of these homes are located on lots that do not meet the City's minimum lot area. Po/icy 75.5 Develop neighborhood-specificsingle-family regulations that encourage compatibility with the existing scale ofresidential structures in the neighborhood, provide an appropriate relationship of lot area, building scale, and building siting, and maintain a sense of community (e.g mature trees, pedestrian scale, sensitive transition between public and private spaces). The applicant's variance request is to construct one single-family home on a substandard lot that does not meet basic development standards. if the applicant were granted a variance to build one single- family home on the substandard lot, the home must still comply with all development standards including setbacks, building coverage, parking standards, height, etc. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. The lot size is too small for any other use allowed in the LDR zone such as veterinary clinic or a park, therefore residential use is the only appropriate use on this lot. Further the property would not be capable of having any economic use if the variance is not granted. II. CONCLUSIONS 1. The applicant's variance request meets TMC 18.72.020(1). The requested variance is not a grant of special privilege as the property owner, Chalene Rau, has owned the property since 1969 and has not owned adjacent properties dating back to the adoption of Ordinance 2153 in 2005. The lot configuration has remained the same since 2005. The other lots on this street were permitted under a previous code provision that permitted one house per existing lot. It is due to the updated land use regulations that a variance is required. 2. The applicant's variance request meets TMC 18.72.020 (2). The surrounding properties are not controlled by the applicant and the homes on these properties are only five feet away from the property line. These two factors prohibited obtaining property from adjacent properties in order to meet minimum lot size. The applicant has presented a project which will comply with TMC 18.70.030 as they have applied for a variance. 3. The applicant's variance request meets TMC 18.72.020 (3) and (4). The applicant's variance request is consistent and compatible with the Allentown Neighborhood. The applicant's preliminary plans show a home which will meet setbacks and building coverage. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 7 of 7 W:\Users\Laura\Variance\L16-0003 Rau Lot Size Variance\L16-0003 Rau Lot Size Variance Staff Report.docx 5/9/2016 4. The applicant's variance request meets TMC 18.72.020 (5). The variance would allow the property owner to enjoy a substantial property right enjoyed by other equally situated land owners. Without the variance the economic potential of the property would be significantly diminished. III. RECOMMENDATION Staff recommends approval of the variance with no conditions. IV. INFORMATIONAL ITEMS 1. A geotechnical soils report will be required with building permit submittal. 2. New single-family residences are required to install a residential fire sprinkler system. 3. The water meter and associated water supply piping for the future home shall be sufficient to support the required residential fire sprinkler system. 4. The final grading plan must show a flat area below any second story rescue windows for Fire Department ladder placement. If unable to provide a suitable flat area adjacent to the home, please contact the Tukwila Fire Marshal's office at 206-575-4407. Phone; 206-433-1800 • Email: Mayor@TukwitaWA.gov • Website: TukwilaWA.gov CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Telephone: (206) 431-3670 Attachment A ZONING CODE OR SHORELINE VARIANCE APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-VAR Planner: File Number: o - ' Z Ze —(!)e<rds.3 Application Complete Date: Project File Number: Application Incomplete Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: C j/q J etae QGttN V4YI cL t-e BRAF DENR1PT,10,14F PIiO;EC Vcdi diRLE tot nre or) D, LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 12,1 XK 9 Oil Are S , �-- N wtI w f 1-4K 4-o17q 05 LIST ALL TAX LOT NUMBERS (this in f ormation may be found on your tax statement). 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: Mi l'ce pctvi 5 Address: I f 6 55 ri- Aye Sp t+if 4 - $ Gl,1+e Al Let, N9 n i dandy kdr t. wit/ CJ I66 Phone: 2 26'. 67 Q539 FAX: e q. -7,09-6%cG/9 E-mail: VYII > P d € IVt Sfaf i real fyYltn/. 44 w1 Signature: Date: 1" 2-0— L B 1 6 t\deptstore\City CommonVferilRevisions In Progress\Zoning Code -Shoreline Variance App.docx COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until the application is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206-431-3670 (Department of Community Development) and 206-433-0179 (Department of Public Works). Check items submitted with application Information Required. May be waived in unusual cases, upon approval of boot Public Works and Planning APPLICATION MATERIALS: tif 1. Application Checklist (1 copy) indicating items submitted with application. 2. Completed Application Form and drawings (4 copies). 3. One set of all plans reduced to 8 1/2" x 11" or 11" x 17". V 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). 5. Application Fee: See Land Use Fee Schedule. The applicant is also responsible for paying the Hearing Examiner costs before issuance of the decision. PUBLIC NOTICE MATERIALS: 6. Payment of notice board fee to FastSigns (see Land Use Fee Schedule) Tukwila OR provide a 4' x 4' public notice board on site within 14 days of the Department determining that a complete application has been received (see Public Notice Sign Specifications Handout). 7. Pay the fee as established by the Land Use Fee Schedule for generating mailing labels; OR provide an excel spreadsheet of mailing labels for all property owners and tenants (residents and businesses) within 500 feet of the subject property. Each unit in multiple family buildings e.g. apartments, condos, trailer parks --must be included. Once your project is assigned to a planner, you will be required to provide an electronic copy of the mailing label spreadsheet in the following format: Name, Street Address, City St Zip, with each of these fields as an individual column: Name Street Address City, St, Zip Mr. Smith 1234 Park Ave S Tukwila WA 98188 PLEASE NOTE: Regardless of whether you pay the City to generate the mailing labels or you provide them, there is an additional fee for postage and material as listed under Public Notice Mailing Fee on the Land Use Fee Schedule. Payment of this fee is due prior to issuance of the decision and you will receive a separate bill for this fee. 8. If providing own labels, include King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. \ deptstoreiCny Common`.Teri'Revisions In Progress\Zoning Code -Shoreline Variance App.docs Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning PROJECT DESCRIPTION AND ANALYSIS: 9. A written discussion of project consistency with the review criteria found on pages 6-8 of this Application. This is your opportunity to present the merits of your request. 10. Any additional drawings or information needed to explain or support the variance request. Maximum size of any drawing is 24" x 36". SITE PLAN: 11. (a) The site plan must include a graphic scale, north arrow and project name. Maximum size 24" x 36". (b) Existing and proposed building footprints. (c) Vicinity Map with site location; does not have to be to scale. (d) Highlight the change being requested through the variance. (e) Parking Tots, landscape areas and other site improvements. (f) Fences, rockeries and retaining walls with called out colors, height and materials. (g) For a shoreline variance, identify the location of the ordinary high water mark, the 200 foot shoreline jurisdiction, and the location of the applicable shoreline buffer (Residential, Urban Conservancy or High Intensity). Udeptstore,City Common'Teri.Revisions In Progress\Zoning Code -Shoreline Variance App.docx CITY OF TUKWILA Department of Community Development 6300 Soaithrentter �rxutsn�rrl. Tuky th . WA 98168 Telephone: t206j 431-3670 AFFIDAVIT OF OWNERSHIP ANI) HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASIi ci-rOV 5. COUNTY OF ICING The undertugtted being duly sfivorn and upon oath states es follows. I t irn the current ucvner oldie property which is the sab}.ct or this: application. All statementscontaino8 in the upplicntio s has c been prcj' ucti by roc of my agents and arc true and oorrcct to the turf of my knt:v.ledge. 3. The applicancen is bcin .Fcbtaittcd with my lrnowlcdgc;.nd conscrt 4. Owner Fronts the City, its employees. agents. enehxets, G„ lifbc4Grs : other rct+resrntartis cs the rigin to enter upon (.hater's ary real prop, located at -RI i fl 6 t2''O0 17 as !Or t11 'Imps. x> of application review, for trc lit 1U d tune necessary to oomp:cte ,I I pier.; ie, 5. Owner agues to hold 1& City harmless rot any 1c s cur don t.t c to person.t or prop;:rry occurring on the private pwperty during the City's cozy upon the property, unix% the Ims or dtsrnn c rr the tes b of tite sole negligence pram Coy. 6. Notarimpainsivemski in n City artbrmition:crlvust for n n :y (Slit) Or urorc 4wys, ;Judi ire csusc to cancel the nppl rarion{s) without rotund of Pecs. EXECUTED et (city), �� (state). un_ _44--) Pe9 I €Kketa t!'ricut Ncmei (Address) Lice, <Q)6 �P l.t:ne Nat v39 ci/ (Signature) aOn thda day' personally appeared before me L k/ E'.)gi,t. ttr w kntsat t he the tndis }dual wtut re instrt;ment and aci in k cd that helshe si•-ned the buts as rsfber vglnntar. »:'t invi il.zll for th.e ssC cxcatcrd the � ,�� �r and purposes mecalcined thercin. SUBSCRIBED AND SWORN TO H@FOItE ME ON'('FITS\--Pb lbsoidoidowilhaiimiiiimisiomiondowo Notify Putty* ' I SUM of wart ► THERESA MAN ► • My AlooftrltrtMt 6mpitw Or t0. loft • ► orimplapipooromarapioramPolaft DA 1 Cal NOTARY J9,111/1hm residingal My Cornmtsooti c.apirw on pt p uronty CownoMTcri3lrnsisma h Pluptr a 4nr t ub-5t'.. tiluc 4annu.}',dent a. oI' Wa hrngtnn Attachment B CRITERIA FOR ZONING CODE VARIANCE (JMC 18.72.020) The following statements (shown in italic) are submitted to the City of Tukwila in support of the Rau Residence Zoning Code Variance to allow construction of one single family residence on a 6000 sq. ft. lot in the LDR zone. 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located; This zoning variance conies as a result of the City of Tukwila changing their zoning code to prevent construction of single family residences on previously developed parcels in the LDR zone with a lot area of less than 6,500 sq. ft. The granting of this variance will allow construction of a single.farhily residence on a 6,000 sq. ft. As shown on the attached King County Assessor's tap and 2013 King County aerial photo, the majority -of the residences constructed in the neighborhood have been buih on lots with areas of 6,000 sq. ft. or less. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; This zoning variance comes as a result of the City of Tukwila changing their zoning code to prevent construction of single fancily residence on previously developed parcels in the LDR zone with a lot area of -less than 6,500 sq. fi. The subject property includes two 3000 sq. fi parcel that will be combined to one 6000 sq. fi parcel which is still prevented from allowing construction of a single fancily residence similar to the uses and lot sizes on other properties ii7 the neighborhood. 3. The granting of such variance will not be materially detrimental to the public welfare or• injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated; The granting of this variance will not cause any harm, injcuy, or interference with uses of adjacent and neighboring because the property mill be developed in a in a manner similar to the neighboring properties. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan The subject property is in the Allentown neighborhood where the City of Tukwila Comprehensive Land Use Policy Plan lists the land use as Low Density Residential. There are no inconsistencies between the request variance and the Comprehensive Land Use Plan's goals, objectives or policies. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. Without the variance, a single family residence for which the subject property is zoned would not be allowed by the City of Tukwila code and rights of use of the property would not be the same as for other similarly coned property. \e" \: \ ‘. • C‘••• ' • \ • ----1— • \ • , 1 • , ''‘`, \,,r •..i • 1'. I . 'I) dr ()IIN I " • _ \ ' • — 172-. • _. -.I •1 .1 't ; • -1 • L et T. Attachment C — N • \ .;•• • , \ \ •-• \ „ N • Attachment E IZAJ 44ThWVe VAp kc.e G'rb-0003 Patotz-t 16-ccO3 I 7 `k - f 7'I boor 0 1. ,t P151/Ub BUILD/A164 Z, ufl IMY-C `fa bt, 41c1 AolA . ©n vflcjc $J ,d 3. L-A-otiaipe Oh fill [x PA Jays 5uRi5, N Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 1 Attachment F RECEIVED APR 07 2016 COMMUNITY DEVELONMLNT GUARANTEE Issued by First American Title Insurance Company 818 Stewart St, Ste 800, Seattle, WA 98101 Title Officer: Tim Daniels Phone: (206)728-0400 FAX: First American Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 2 First American First American Tide Insurance Company 818 Stewart St, Ste B00 Seattle, WA 98101 Phn - (206)728-0400 (800)826-7718 Fax - RECORDED DOCUMENT GUARANTEE LIABILITY: $ 1,000.00 FEE: $ 100.00 SALES TAX $ 9.60 ORDER NO.: 4209-2624140 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the terms and provisions of the application for this Guarantee and the Liability Exclusions and Limitations set forth below in Schedule A. GUARANTEES Kingston Realty LLC herein called the Assured, against Toss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed by the Assured and each document referred to in Schedule A as an exception must be attached hereto. Dated: March 22, 2016 at 7:30 A.M. First American Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 3 SCHEDULE A The assurances referred to on the face page are: That according to the Company's title plant records subsequent from January 01, 2004 to March 18, 2016, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds Deeds, contracts or leases or subleases (hereinafter documents) describing said real property or any portion thereof, other than those shown below under Exceptions, which documents are attached hereto and made a part hereof. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. EXCEPTIONS: AS ATTACHED HERETO ON CHAIN SHEET. DESCRIPTION: AS ATTACHED HERETO ON EXHIBIT A. FirstAmerican Tide Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 4 CHAIN SHEET INST REC'D FILE NO. GRANTOR GRANTEE Quit Claim September 6563461 Gerald S. Rau and Lila F. P. Chalene Rau, single Deed 11, 1969 Rau REMARKS First American Tide Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (3) water eights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described In this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, rasps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the Invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in this Guarantee, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in this Guarantee, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which Is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured Is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to Institute and prosecute any action or proceeding, interpose a defense, as limited In (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the Tien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise Its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court o` competent jurisdiction and expressly reserves the right, In its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provde for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, -obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the Tien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy ail records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All Information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required In the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Forth No. 1282 (Rev. 12/15/95) First American Tide Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 6 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of thls Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay, Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in this Guarantee; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by thls Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro canto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a daim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies, If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the sltus of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA, 92707. Form No. 1282 (Rev. 12/15/95) First American Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 7 Exhibit "A" Real property in the County of King, State of Washington, described as follows: Lots 37 and 38, Block 8, Allentown Addition to the City of Seattle, according to the Plat thereof recorded in Volume 12 of Plats, Page(s) 100, records of King County, Washington. Tax Parcel Number: 017900-1745-03 first American Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 1 Attachment G GUARANTEE Issued by First American Title Insurance Company 818 Stewart St, Ste 800, Seattle, WA 98101 Title Officer: Tim Daniels Phone: (206)728-0400 FAX: First American Tide Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 2 4,4.1e0e,‘ First American First American Title Insurance Company 818 Stewart St, Ste B00 Seattle, WA 98101 Phn - (206)72B-0400 (800)826-7718 Fax - RECORDED DOCUMENT GUARANTEE LIABILITY: $ 3,000.00 FEE: $ 232.00 SALES TAX $ 22.27 ORDER NO.: 4209-2624145 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the terms and provisions of the application for this Guarantee and the Liability Exclusions and Limitations set forth below in Schedule A. GUARANTEES Kingston Realty LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed by the Assured and each document referred to in Schedule A as an exception must be attached hereto. Dated: March 22, 2016 at 7:30 A.M. FirstAmerican Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 3 SCHEDULE A The assurances referred to on the face page are: That according to the Company's title plant records subsequent from January 01, 2004 to March 18, 2016, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds Deeds, contracts or leases or subleases (hereinafter documents) describing said real property or any portion thereof, other than those shown below under Exceptions, which documents are attached hereto and made a part hereof. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. EXCEPTIONS: AS ATTACHED HERETO ON CHAIN SHEET. DESCRIPTION: AS ATTACHED HERETO ON EXHIBIT A. First American Tide Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 4 INST REC'D CHAIN SHEET FILE NO. GRANTOR Statutory July 24, 20020724001722T. Patrick Beane, as a Warranty Deed 2002 separate estate and Joel J. Parons, as a separate estate Statutory August 15, 20110815000798 Doak Homes, Inc., a Warranty Deed 2011 Washington Corporation GRANTEE REMARKS Doak Homes, Inc., a Includes other property Washington Corporation Elizabeth F. Del Donno, a single person and Eileen Del Donno, a single person FlrstAmerican Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No, 27 (5/16/90) Page No. 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records, (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or tide to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the Following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth In said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result In no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee, GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in this Guarantee, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to In this Guarantee, nor any right, tide, Interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited In (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated therein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which In the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, It Is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary Information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/ 15/95) First American Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 6 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured daimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered toss or damage by reason of reliance upon the assurances set forth In this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in this Guarantee; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured daimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been Issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is In excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. t282 (Rev. 12/15/95) First American Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 7 Exhibit "A" Real property in the County of King, State of Washington, described as follows: LOT C, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L08-041, RECORDED UNDER RECORDING NO. 20080925900007, IN KING COUNTY, WASHINGTON. Tax Parcel Number: 017900-1730-00 First American Tide Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 1 Attachment H GUARANTEE Issued by First American Title Insurance Company 818 Stewart St, Ste 800, Seattle, WA 98101 Title Officer: Tim Daniels Phone: (206)728-0400 FAX: First American 77tfe Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 2 First American Flist American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn - (206)728-0400 (800)826-7718 Fax - RECORDED DOCUMENT GUARANTEE LIABILITY: $ 3,000.00 FEE: $ 236.00 SALES TAX $ 22.66 ORDER NO.: 4209-2624133 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the terms and provisions of the application for this Guarantee and the Liability Exclusions and Limitations set forth below in Schedule A. GUARANTEES Kingston Realty LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed by the Assured and each document referred to in Schedule A as an exception must be attached hereto. Dated: March 22, 2016 at 7:30 A.M. First American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 3 SCHEDULE A The assurances referred to on the face page are: That according to the Company's title plant records subsequent from January 01, 2004 to March 18, 2016, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds Deeds, contracts or leases or subleases (hereinafter documents) describing said real property or any portion thereof, other than those shown below under Exceptions, which documents are attached hereto and made a part hereof. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. EXCEPTIONS: AS ATTACHED HERETO ON CHAIN SHEET. DESCRIPTION: AS ATTACHED HERETO ON EXHIBIT A. First American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 4 INST REC'D CHAIN SHEET FILE NO. GRANTOR GRANTEE Statutory July 24, 20020724001722T. Patrick Beane, as a Doak Homes, Inc., a Warranty Deed 2002 Separate Estate and Joel Washington Corporation J. Parons, as a Separate Estate Affects: Includes other property Statutory May 06, 20100506000804Doak Homes, Inc., a Warranty Deed 2010 Washington Corporation Statutory January 20, 20160120000437Tung Pham, a single Warranty Deed 2016 person and Cindy L. Tran, a single person, as joint tenants with right of survivorship, and not as tenants in common Tung Pham, a single person, and Cindy L. Tran, a single person, as joint tenants with right of survivorship, and not as tenants in common Linh Duy Ta and Thuy N Nguyen, husband and wife REMARKS First American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1, Except to the extent that specific assurance are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth In said description. (b) Defects, liens, encumbrances, adverse daims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to In this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terns. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in this Guarantee, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in this Guarantee, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which Is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth In Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in Its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in ',he opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of toss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Its permission, In writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Fomi No. 1282 (Rev. 12/15/95) First American Tide Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 6 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a Ilenholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attomeys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company Is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. betenninatlon and Extent of Liability. This Guarantee Is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in this Guarantee; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as Nmited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or Interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any toss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company, 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been Issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered In any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, If any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/ 1S/95) First American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 7 Exhibit "A" Real property in the County of King, State of Washington, described as follows: LOT 39 AND THE SOUTH HALF OF LOT 40, BLOCK 8 ALLENTOWN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 100, RECORDS OF KING COUNTY, WASHINGTON. (ALSO KNOWN AS PARCEL B OF BOUNDARY LINE ADJUSTMENT NO. L08-042 RECORDED ON SEPTEMBER 25, 2008, AS RECORDING NUMBER 20080925900008, IN THE OFFICIAL RECORDS OF KING COUNTY, WASHINGTON.) Tax Parcel Number: 017900-1756-09 First American Tide Attachment I From: 4rooke alford To: Laura Beniamin Subject: Comments File#L16-0003 Date: Monday, May 09, 2016 7:33:42 AM Hello Ms. Benjamin, I live at the intersection of 122nd St and 48th Ave s. in the Allentown neighborhood of Tukwila. 1 would like to voice my support for granting the lot size variance that is being requested on 50th Ave S. This lot sits overgrown with invasive plants and is an eyesore to the neighborhood, as is the empty overgrown lot on the corner of 40th and 122nd st. It is my hope that the landowner will be allowed to develop on the land, and with the granting of the allowance, will be held to higher design standards that make such denser development an asset to the neighborhood. I believe such practices will indeed allow our neighborhood to grow with grace. Thank you for the opportunity to share my comments, Brooke Alford 4724 S 122nd St Tukwila, WA 98178 4 April 6, 2016 Dear Chair Quinn and CAP Committee Members Hougardy and McLeod: We, the undersigned community members who reside in the Allentown neighborhood, want to express our support for a revision to the City of Tukwila Municipal Code to allow more flexibility in the development of housing options in our neighborhood. The recent Doaks Homes development is bringing a new, higher standard of development design to our neighborhood, improving the overall housing stock and adding more community -oriented housing. We are pleased that the Developers Agreement for the project was extended by the City Council and would like to see more of this development flexibility in our neighborhood. The Hearing Examiner denied a recent request for a zoning code variance to permit construction of one single-family home on a lot that does not meet the LDR lot size minimum of 6500 sf. The 6000 sf lot is a corner lot that has sat vacant and overgrown in blackberry and poison hemlock for years —an eyesore in the neighborhood. The prospect of having a home developed on that site was exciting to us, and the denial a blow to neighborhood improvement goals. We would like to see the allowance of development on smaller lots and the use of this allowance as a tool to increase design standards and to provide more diversity in housing options and affordability. Last year, two Allentown community members went on record in favor of more flexible housing options in the neighborhood, specifically to allow smaller lot development, during the Citizen Comments period pertaining to the Comprehensive Plan - Single Family Neighborhoods section - at the September 14, 2015 COW meeting of the Council. At the same meeting, Council Member Robertson, after the close of this Public Comment period, proclaimed to the chamber that no one in Allentown wants these things. We are dismayed that these community members' comments were ignored and dismissed. Please let the record reflect that there are Allentown community members who believe that flexibility in housing construction codes needs to be considered by the Tukwila City Council to address the housing needs in our racially -diverse, moderately -priced housing neighborhood. We hope this discussion and pursuant action will occur soon, as we continue to lose potential opportunities to improve our neighborhood. Thank you. cc: Mayor Ekberg; Council President Duffle; Council Members Seal, Kruller, and Robertson; City Administrator Kline From: sean alber>< To: Laura Benjamin Subject: Comments File#L16-0003 Date: Monday, May 09, 2016 7:40:51 AM Hello Ms. Benjamin, I live in the Allentown neighborhood of Tukwila. I would like to voice my support for granting the lot size variance that is being requested on 50th Ave S. This lot sits overgrown with invasive plants and is an eyesore to the neighborhood, as is the empty overgrown lot on the corner of 40th and 122nd st. It is my hope that the landowner will be allowed to develop on the land, and with the granting of the allowance, will be held to higher design standards that make such denser development an asset to the neighborhood. I believe such practices will indeed allow our neighborhood to grow with grace. Thank you for the opportunity to share my comments, Sean Albert 4023 S. 114th St. Tukwila, WA 98168 • • From: perennial.gardens(@comcast.net To: Laura Benjamin Subject: re:file # L16-0003 Date: Monday, May 09, 2016 8:13:07 AM good morning laura i am contacting you as an allentown resident in regard to the issue of lot size variance it is my hope that the existing 6500' will be lowered to 6000 this is still a reasonable lot size and opens the opportunity to turn empty and neglected properties into viable living space which will serve not just the residents of allentown, but the city of tukwila as a whole thank you Lisa Krober Perennial Gardens 11830 42nd ave. s. tukwila wa 98168 Cell 206.841.9581 E-mail: perennial.gardens@comcast.net From: brooke alford To: Laura Beniamin Subject: Comments File#L16-0003 Date: Monday, May 09, 2016 7:33:42 AM Hello Ms. Benjamin, I live at the intersection of 122nd St and 48th Ave s. in the Allentown neighborhood of Tukwila. I would like to voice my support for granting the lot size variance that is being requested on 50th Ave S. This lot sits overgrown with invasive plants and is an eyesore to the neighborhood, as is the empty overgrown lot on the corner of 40th and 122nd st. It is my hope that the landowner will be allowed to develop on the land, and with the granting of the allowance, will be held to higher design standards that make such denser development an asset to the neighborhood. I believe such practices will indeed allow our neighborhood to grow with grace. Thank you for the opportunity to share my comments, Brooke Alford 4724 S 122nd St Tukwila, WA 98178 April 6, 2016 Dear Chair Quinn and CAP Committee Members Hougardy and McLeod: We, the undersigned community members who reside in the Allentown neighborhood, want to express our support for a revision to the City of Tukwila Municipal Code to allow more flexibility in the development of housing options in our neighborhood. The recent Doaks Homes development is bringing a new, higher standard of development design to our neighborhood, improving the overall housing stock and adding more community -oriented housing. We are pleased that the Developers Agreement for the project was extended by the City Council and would like to see more of this development flexibility in our neighborhood. The (fearing Examiner denied a recent request for a zoning code variance to permit construction of one single-family home on a lot that does not meet the LDR lot size minimum of 6500 sf. The 6000 sf lot is a corner lot that has sat vacant and overgrown in blackberry and poison hemlock for years —an eyesore in the neighborhood. The prospect of having a home developed on that site was exciting to us, and the denial a blow to neighborhood improvement goals. We would like to see the allowance of development on smaller lots and the use of this allowance as a tool to increase design standards and to provide more diversity in housing options and affordability. Last year, two Allentown community members went on record in favor of more flexible housing options in the neighborhood, specifically to allow smaller lot development, during the Citizen Comments period pertaining to the Comprehensive Plan - Single Family Neighborhoods section - at the September 14, 2015 COW meeting of the Council. At the same meeting, Council Member Robertson, after the close of this Public Comment period, proclaimed to the chamber that no one in Allentown wants these things. We are dismayed that these community members' comments were ignored and dismissed. Please let the record reflect that there are Allentown community members who believe that flexibility in housing construction codes needs to be considered by the Tukwila City Council to address the housing needs in our racially -diverse, moderately -priced housing neighborhood. We hope this discussion and pursuant action will occur soon, as we continue to lose potential opportunities to improve our neighborhood. Thank you. cc: Mayor Ekberg; Council President Duffle; Council Members Seal, Kruller, and Robertson; City Administrator Kline /3,€&,g/ 1\_ From: sean Albert To: Laura Benjamin Subject: Comments File#L16-0003 Date: Monday, May 09, 2016 7:40:51 AM Hello Ms. Benjamin, I live in the Allentown neighborhood of Tukwila. I would like to voice my support for granting the lot size variance that is being requested on 50th Ave S. This lot sits overgrown with invasive plants and is an eyesore to the neighborhood, as is the empty overgrown lot on the corner of 40th and 122nd st. It is my hope that the landowner will be allowed to develop on the land, and with the granting of the allowance, will be held to higher design standards that make such denser development an asset to the neighborhood. I believe such practices will indeed allow our neighborhood to grow with grace. Thank you for the opportunity to share my comments, Sean Albert 4023 S. 114th St. Tukwila, WA 98168 From: perennial.aardensi@comcast.net To: Laura Benjamin Subject: re:file # L16-0003 Date: Monday, May 09, 2016 8:13:07 AM good morning laura i am contacting you as an allentown resident in regard to the issue of lot size variance it is my hope that the existing 6500' will be lowered to 6000 this is still a reasonable lot size and opens the opportunity to turn empty and neglected properties into viable living space which will serve not just the residents of allentown, but the city of tukwila as a whole thank you Lisa Krober Perennial Gardens 11830 42nd ave. s. tukwila wa 98168 Cell 206.841.9581 E-mail: perennial.gardens@comcast.net \ f� From: Mary Fertakis To: Laura Beniamin Cc: mfertakis(alcomcast.net Subject: Comments File#L16-0003 Date: Monday, May 09, 2016 2:46:36 PM Hi Ms. Benjamin! I live on 42nd Ave South and 118th Street in the Allentown neighborhood. I am writing in support of granting a lot size variance from 6,500 sq. ft. to 6,000 sq. ft. that is being requested for a parcel on 50th Ave South. This lot is overgrown with invasive plants and in its current state does nothing to enhance our neighborhood. If the landowner is allowed to develop this lot, it is an opportunity for the City to both gain additional, much -needed housing and require higher design standards that make denser development an asset to the neighborhood. Thank you for the opportunity to comment. Mary Fertakis 11822 42nd Ave. South Tukwila, WA 98168 CRITERIA FOR ZONING CODE VARIANCE (JMC 18.72.020) The following statements (shown in italic) are submitted to the City of Tukwila in support of the Rau Residence Zoning Code Variance to allow construction of one single family residence on a 6000 sq. ft. lot in the LDR zone. 1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located; This zoning variance comes as a result of the City of Tukwila changing their zoning code to prevent construction of single family residences on previously developed parcels in the LDR zone with a lot area of less than 6,500 sq. ft. The granting of this variance will allow construction of a single family residence on a 6,000 sq. ft. As shown on the attached King County Assessor's tap and 2013 King County aerial photo, the majority -of the residences constructed in the neighborhood have been built on lots with areas of 6, 000 sq. ft. or less. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; This zoning variance comes as a result of the City of Tukwila changing their zoning code to prevent construction of single family residence on previously developed parcels in the LDR zone with a lot area of less than 6,500 sq. ft. The subject property includes two 3000 sq. ft parcel that will be combined to one 6000 sq. ft parcel which is still prevented from allowing construction of a single family residence similar to the uses and lot sizes on other properties ii 7 the neighborhood. 3. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and in the zone in which the subject property is situated; The granting of this variance will not cause any harm, injury, or interference with uses of adjacent and neighboring because the property will be developed in a in a manner similar to the neighboring properties. 4. The authorization of such variance will not adversely affect the implementation of the Comprehensive Land Use Policy Plan The subject property is in the Allentown neighborhood where the City of Tukwila Comprehensive Land Use Policy Plan lists the land use as Low Density Residential. There are no inconsistencies between the request variance and the Comprehensive Land Use Plan's goals, objectives or policies. 5. The granting of such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. Without the variance, a single family residence for which the subject property is zoned would not be allowed by the City of Tukwila code and rights of use of the property would not be the same as for other similarly zoned property. VIV)a- YY1Gt l�. s-i-tn n - -e nt \` e sCn RA)-1 - n0+- - - ntit. -t- ("on g . same s►✓► cep than 209 1 2:2' E 2Au VA.P Rince G:119-0003 Pao3m-t Pi, i6 -pc03 *01-1dlC0--17115 47 rAtoutit, BV)JD/J1 2. Vt it n 'to build ho►lt on un kkes,7,d lob, 3,1-dJJ.pc on el prgVia„ 6 50gAiee5, z WIN Fri MilleePell man OWE =avow. �� wilmnEtA aust pasta fi es ®ro not4.J!I ale a® EC I) 0 � , ni® ilil morns! M!ZI, VIE wow -•,14* American Land Title Association American Congress on Surveying and Mapping Minimum Standard Detail Requirements For ALTA/ACSM Land Title Surveys Effective 2/23/2011 TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The items of Table A must be negotiated between the surveyor and client. It may be necessary for the surveyor to qualify or expand upon the description of these items (e.g., in reference to Item 6(b), there may be a need for an interpretation of a restriction). The surveyor cannot make a certification on the basis of an interpretation or opinion of another party. Notwithstanding Table A Items 5 and 11(b), if an engineering design survey is desired as part of an ALTA/ACSM Land Title Survey, such services should be negotiated under Table A, item 22._ If checked, the following optional items are to be included in the ALTA/ACSM LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses. 2. Address(es) if disclosed in Record Documents, or observed while conducting the survey. 3. Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. Gross land area (and other areas if specified by the client). 5. ti/ Vertical relief with the source of information (e.g. ground survey or aerial map), contour interval, datum, and originating benchmark identified. 6. (a) Current zoning classification, as provided by the insurer. (b) Current zoning classification and building setback requirements, height and floor space area restrictions as set forth in that classification, as provided by the insurer. If none, so state. 7. (a) Exterior dimensions of all buildings at ground level. (b) Square footage of: (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. Ara J u an \ • . v • 13 _ Community Development (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. Page 8 of 10 Copyright 2011. All rights reserved. American Land Title Association and American Congress on Surveying and Mapping. AMERICAN I. AND ....... TI. F. ......... AS.O(.IA I ION NSPS American Land Title Association American Congress on Surveying and Mapping Minimum Standard Detail Requirements For ALTA/ACSM Land Title Surveys Effective 2/23/2011 8. Substantial features observed in the process of conducting the survey (in addition to the improvements and features required under Section 5 above) such as parking lots, billboards, signs, swimming pools, landscaped areas, etc. 9. Striping, number and type (e.g. handicapped, motorcycle, regular, etc.) of parking spaces in parking areas, lots and structures. 10. (a) Determination of the relationship and location of certain division or party walls designated by the client with respect to adjoining properties (client to obtain necessary permissions). 11. (b) Determination of whether certain walls designated by the client are plumb (client to obtain necessary permissions). Location of utilities (representative examples of which are listed below) existing on or serving the surveyed property as determined by: / ./ (a) Observed evidence. • r �. • f�. a . c.) 9. (b) Observed evidence together with evidence from plans obtained from utility co panes or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of information). • Railroad tracks, spurs and sidings; • Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and • utility company installations on the surveyed property. Note - With regard to Table A, item 11(b), source information from plans and markings will be combined with observed evidence of utilities to develop a view of those underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where additional or more detailed information is required, the client is advised that excavation may be necessary. 12. Governmental Agency survey -related requirements as specified by the client, such as for HUD surveys, and surveys for leases on Bureau of Land Management managed lands. 13. Names of adjoining owners of platted lands according to current public records. 14. Distance to the nearest intersecting street as specified by the client. 15. Rectified orthophotography, photogrammetric mapping, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location Page 9 of 10 Copyright 2011. All rights reserved. American Land Title Association and American Congress on Surveying and Mapping. EnIMME AMERI(:AN IAND TITLE. ASSOL.l Al ION NSPS American Land Title Association American Congress on Surveying and Mapping Minimum Standard Detail Requirements For ALTA/ACSM Land Title Surveys Effective 2/23/2011 of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g. the potential precision and completeness of the data gathered thereby) with the insurer, lender and client prior to the performance of the survey and, (b) place a note on the face of the survey explaining the source, date, precision and other relevant qualifications of any such data. 16. Observed evidence of current earth moving work, building construction or building additions. 17. Proposed changes in street right of way lines, if information is available from the controlling jurisdiction. Observed evidence of recent street or sidewalk construction or repairs. 18. Observed evidence of site use as a solid waste dump, sump or sanitary landfill. 19. Location of wetland areas as delineated by appropriate authorities. 20. ✓ (a) Locate improvements within any offsite easements or servitudes benefitting the surveyed property that are disclosed in the Record Documents provided to the surveyor and that are observed in the process of conducting the survey (client to obtain necessary permissions). (b) Monuments placed (or a reference monument or witness to the corner) at all major corners of any offsite easements or servitudes benefitting the surveyed property and disclosed in Record Documents provided to the surveyor (client to obtain necessary permissions). 21. Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $ to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request. 22. Adopted by the Board of Governors, American Land Title Association, on October 13, 2010. American Land Title Association, 1828 L St., N.W., Suite 705, Washington, D.C. 20036. Adopted by the Board of Directors, National Society of Professional Surveyors, on November 15, 2010. National Society of Professional Surveyors, Inc., a member organization of the American Congress on Surveying and Mapping, 6 Montgomery Village Avenue, Suite 403, Gaithersburg, MD 20879 ..� , , ..-q • in ,r •�_�.. Page 10 of 10 1) . . Community Development Copyright 2011. All rights reserved. American Land Title Association and American Congress on Surveying and Mapping. AM ERICAN ANTIT' D I"ili ASSO IAI ION NSPS • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Department of Ecology NW Regional Office 3190 - 160th Ave. SE Bellevue, WA 98008 COMPLETE THIS SECTION ON DELIVERY A. S' nature X Agent ( dressee B. Received by (Printed Name) C. �Dati� of elivvery t�Y Mks i,t31 Ir\ 1iV D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. !Service Type %" Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7003 2260 0006 4160 0539 ff4 4 _ . UNITED STATE,QSRVICE ;;';j.s First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CITY OF TUKWILA DEPARTMENT OF COMMUNITY DVL 6300 SOUTHCENTER BLVD, STE 100 TUKWILA WA 98188 osta - ervice TM CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) arm For delivery information visit our website at wv.waisps.come Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Sent To Street, Apt. No or PO Box No. City, State, ZIP Department of Ecology NW Regional Office 3190 -160th Ave. SE Bellevue, WA 98008 Certified Mail Provides: • A mailing receipt • A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years important Reminders: a Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail, a Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. • For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Return Receipt service, please complete and attach a Retun Receipt (PS Form 3811) to the article and add applicable postage to cover thi fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fo! a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i; required. II For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with th, endorsement "Restricted Delivery". a If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. If a postmark on the Certified Ma receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3600, August 2006 (Reverse) PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION', • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Department of Ecology NW Regional Office 3190 - 160th Ave. SE Bellevue, WA 98008 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date O`DEli�ry D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Est Certified Mall ❑ Registered ❑ insured Mall ❑ Express Mali Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7009 2250 0002 2865 7823 PC FnrmFahnian/ 9nnA flnmwctin Rah mn Rarainf dLl -'_ . UNITED STATES AStRot VICE 28 APR °l6 First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • SendePtd r: l ase print your name, address, and ZIP+4 in this box • QMne2133a City of Tukwila Dept. Community Development 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 1r1'1rir11I111111t11111�11 1 111111II11�11'IIII 11111'1111!I Citrl a! J ttfuuiea Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl , HEREBY DECLARE THAT: f Notice of Application Notice of Decision x Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was mailed to each of the addresses listed/attached on this _25th day of April 2016 Project Name: Rau Zoning Code Variance Project Number: PL16-0003 Associated File Number (s): L16-0003 Mailing requested by: Laura Benjamin Mailer's signature: ale- Oaedaid W:\USERS\TERI\TEMPLATES-FORMS\AFFIDAVIT OF DISTRIBUTION.DOC City of Tukwila Notice Of Application & Public Hearing —Zoning Code Variance Project # PL16-0003 Rau Lot Size Variance Project Planner: Laura Benjamin, 206.433.7166, Laura.Benjamin@TukwilaWa.gov File# L 16-0003 Hearing Date: A public hearing will be held on May 20th at 9:30 am in the Rainier Conference Room in the DCD Offices, 6300 Southcenter Blvd., Suite 100. Project Description: The applicant requests a zoning code vari- ance to build one single-family home on a 6000 square foot lot, which does not meet the Low Density Residential (LDR) lot size minimum of 6500 square feet. Project site marked with star on the map. Your written comments on the project are requested and can be delivered to DCD, 6300 SouthcenterBlvd, Ste 100, Tukwila WA 98188. Comments must be received by 5:00p.m. on May 9, 2016. You may request a copy of any decision, comment on the project, and learn your appeal rights by calling the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD 6300 Southcenter Blvd, Ste 100. City of Tukwila Notice Of Application & Public Hearing —Zoning Code Variance Project # PL16-0003 Rau Lot Size Variance Project Planner: Laura Benjamin, 206.433.7166, Laura.Benjamin@TukwilaWa.gov File# L 16-0003 Hearing Date: A public hearing will be held on May 20th at 9:30 am in the Rainier Conference Room in the DCD Offices, 6300 Southcenter Blvd., Suite 100. Project Description: The applicant requests a zoning code vari- ance to build one single-family home on a 6000 square foot lot, which does not meet the Low Density Residential (LDR) lot size minimum of 6500 square feet. Project site marked with star on the map. Your written comments on the project are requested and can be delivered to DCD, 6300 SouthcenterBlvd, Ste 100, Tukwila WA 98188. Comments must be received by 5:00p.m. on May 9, 2016. You may request a copy of any decision, comment on the project, and learn your appeal rights by calling the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD 6300 Southcenter Blvd, Ste 100. City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director You are receiving this notice because you are a property owner or tenant within 500ft of this project City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director You are receiving this notice because you are a property owner or tenant within 500ft of this project FIRST NAME CS Darryl Sr & Estrella TUKWILA Matevos & Seda Mate TUKWILA Tu Dinh TUKWILA Mai T&LeLong T TUKWILA Thuy T Diane L Steve Tung & Tran Cindy L Taylor R Terrance & Teresita Deborah Duc H & Van N TUKWILA TUKWILA Anselmo Reyes Elizabeth F & Eilee Quynh Chi Sandra S Mena Mai Randy G & Candace A TUKWILA Belinda Rosario Garcia TUKWILA Hiros & Raquel Bauti TUKWILA Loan Hong TUKWILA LAST NAME Harris Doak COMMUNITY MEMBER Matevosov COMMUNITY MEMBER Vu COMMUNITY MEMBER Nguyen COMMUNITY MEMBER Phan Mccleave Gauthun Pham Christenson Fagan De Montalvo Tra n COMMUNITY MEMBER COMMUNITY MEMBER Preciado Del Donno Tra n Barton Nguyen Tinsley COMMUNITY MEMBER Morrison Aguilar COMMUNITY MEMBER Bautista COMMUNITY MEMBER Pham COMMUNITY MEMBER ADDRESS 10529 SE 213TH ST 11812 26TH AVE SW 12084 44TH PL S 12091 44TH PL S 12092 44TH PL S 12201 49TH AVE S 12203 48TH AVE S 12207 50TH AVE S 12208 48TH AVE S 12209 50TH AVE S 12211 48TH AVE S 12211 49TH AVE S 12211 50TH AVE S 12212 48TH AVE S 12215 48TH AVE S 12216 47TH AVE S 12218 48TH AVE S 12218 49TH AVE S 12218 51ST PL S 12219 49TH AVE S 12219 50TH AVE S 12222 47TH AVE S 12223 48TH AVE S 12223 50TH AVE S 12224 48TH AVE S 12224 49TH AVE S 12225 50TH AVE S 12226 47TH AVE S 12227 48TH AVE S 12228 48TH AVE S 12228 49TH AVE S 12230 48TH AVE S 12231 48TH AVE S CITY ST KENT WA BURIEN WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA ZIP 98031 98146 98178 98178 98178 98178 98178 98178 98178 98178 98178 98174 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 Kenneth E Emmanuel C & Caroline C Brian J & Gabriela Brian J & Gabriela TUKWILA TUKWILA TUKWILA Laurie Nguyen M Isidro B & Olivia TUKWILA Amy N Chris Frederick & Sharon L Ruby & Hammond Matt Charles TUKWILA Brian D TUKWILA Lisa TUKWILA TUKWILA TUKWILA Vet & Chanthy Vorn Mal & Ni Fa TUKWILA Randal D Dat & Tri Tuong Vi Thi & Vien Ng Juan & Quach Julie Tan Jim Xiaoming & Haiyan Tu Brown Ong Patterson Patterson COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Jenkins Tra n Bendico COMMUNITY MEMBER Duong Dolejska Eastland Wellbrock Thomas COMMUNITY MEMBER Doll COMMUNITY MEMBER Stahler COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER Nget Sala COMMUNITY MEMBER Lance Ta n Nguyen DEBONAIR PROPERTY L L C Ngo Tang Blackburn Liang 12231 49TH AVE S 12233 48TH AVE S 12233 51ST AVE S 12233 51ST PL S 12234 48TH AVE S 12234 51ST PL S 12235 48TH AVE S 12235 49TH AVE S 12236 48TH AVE S 12236 49TH AVE S 12240 51ST PL S 12241 48TH AVE S 12241 49TH AVE S 12242 48TH AVE S 12243 48TH AVE S 12243 51ST PL S 12244 49TH AVE S 12244 50TH AVE S 12245 49TH AVE S 12250 48TH AVE S 12250 49TH AVE S 12251 48TH AVE S 12251 49TH AVE S 12253 51ST PL S 12254 48TH AVE S 12256 49TH AVE S 12257 51ST PL S 12258 48TH AVE S 12259 48TH AVE 5 13605 SE 173RD PL 14310 4TH AVE SW 17406 37TH LN S 18815 SE 308TH ST 21334 SE 3RD ST TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA SEATTLE WA TUKWILA WA SEATTLE WA RENTON WA SEATTLE WA SEATAC WA KENT WA SAMMAMISH WA 98178 98178 98178 98178 98178 98178 98178 98178 98188 98178 98178 98172 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98058 98166 98188 98042 98074 John P & Jean Y Chen James K L & Sau Keith R & Zeiger How Jian Xiong & Ming Feng Zh Gary C William E Marc Recie Hoi & Xuan Truong & Phuon TUKWILA Minh T TUKWILA TUKWILA Kathleen M TUKWILA Patrick A Thomas J TUKWILA Thanh-Thuy Thi TUKWILA Thanh-Thuy Thi & Tuan N & Chalene Qi Fang * * Doris J * Wang Lee Stafford Xue C & P RENTALS LLC Rice Wollaston Lewis Huynh COMMUNITY MEMBER Nguyen COMMUNITY MEMBER COMMUNITY MEMBER Olson COMMUNITY MEMBER Tongue Loftus COMMUNITY MEMBER Tran COMMUNITY MEMBER Tra n Rau Chen DEBONAIR PROPERTY LLC UNIVERSAL PROPERTY HOLDINGS Davis BNSF RWY PROP TAX DEPT 220 141ST AVE NE 2222 76TH AVE SE 2609 S JACKSON ST 2827 S RAYMOND ST 29313 233RD AVE SE 4716 S 122ND ST 4724 S 122ND ST 4730 S 122ND ST 4814 S 124TH ST 4815 S 124TH ST 4816 S 124TH ST 4818 S 122ND ST 4821 S 124TH ST 4904 S 122ND ST 4915 S 124TH ST 4916 S 124TH ST 4918 S 122ND ST 4919 S 124TH ST 5002 S 122ND LN 5005 S 124TH ST 5026 S 122ND LN 5107 DELAWARE AVE 7603 S 115TH ST PO BOX 59572 PO BOX 66950 PO BOX 69761 PO BOX 961089 BELLEVUE WA MERCER ISLAND WA SEATTLE WA SEATTLE WA BLACK DIAMOND WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA TUKWILA WA EVERETT WA SEATTLE WA RENTON WA SEATTLE WA SEATTLE WA FORT WORTH TX 98007 98040 98144 98108 98010 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98178 98203 98178 98058 98166 98168 76161 NAME DEPT OF ECOLOGY KC ASSESSOR'S OFFICE KC LIBRARY SYSTEM TUKWILA SCHOOL DISTRICT CENTURY LINK SEATTLE CITY LIGHT CITY OF TUKWILA CITY OF TUKWILA DEPT NW REGIONAL OFFICE ACCOUNTING DIVISION ADDRESS 3190 160th AVE SE 500 4th AVE, RM# 709A 960 NEWPORT WAY NW 4640 S 144th STREET 23315 66th AVE S ENVIRONMENT & SAFETY DIV PO BOX 34023 DEPARTMENT �i DEPARTMENT /e9GLd /��+ CNc�,u(>d CITY ST BELLEVUE WA SEATTLE WA ISSAQUAH WA TUKWILA WA KENT WA SEATTLE WA ZIP 98008 98104 98027 98168 98032 98124 fry AGENCY LABELS f ti ( ) City Clerk Office — Christy 0' Flaherty PUBLIC HEARINGS/MEETINGS NEED TO GO TO CHRISTY ( ) US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( ) US Dept of HUD ( ) National Marine Fisheries Service Section 2 ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ( ) Office of the Governor ( ) WA State Community Development ( ) WA Fisheries & Wildlife, MiilCreek Office ( ) WA Fisheries & Wildlife, Larry Fisher, 1775 12th Ave NW Ste 201, Issaquah WA 98027 WASHINGTON STATE AGENCIES ( ) Dept of Social & Health Services ( ) Dept of Ecology NW Regional Office, Shoreland Div. SHORELINE NOD REQUIRES RETURN RECEIPT (X) Dept of Ecology, SERA **Send Electronically ( ) Office of Attorney General ( ) Office of Hearing Examiner Sectio ( ) KC Boundary Review Board ( ) Fire District # 11 ( ) Fire District # 2 ( ) KC Wastewater Treatment Div ( ) KC Dept of Parks & Recreation '{ X) KC Assessor's Office n 3 KING COUNTY AGENCIES ( ) Health Department ( ) Port of Seattle ( ) KC Dev & Enviro Services-SEPA Info Center ( ) KC Metro Transit Div-SEPA Official, Environmental Planning ( ) KC Dept of Natural Resources ( ) KC Dept of Natural Resources, Andy Levesque (X) KC Public Library System ( ) Foster Library ( ) Renton Library ( ) Kent Library ( ) Seattle Library Section 4 SCHOOLS/LIBRARIES ( ) Westfield Mall Library (°X) Tukwila School District; ( ) Highline School District ( ) Seattle School District ( ) Renton School District (X ) Century Link ' (X ) Seattle City Light ( ) Puget Sound Energy ( ) Highline Water District ( ) Seattle Planning &Dev/Water Dept ( ) Comcast Section 5 UTILITIES ( ) BP Olympic Pipeline ( ) Seattle Public Utilities ( ) Val-Vue Sewer District ( ) Waste Management ( ) Water District # 20 ( ) Cascade Water Alliance ( ) Water District # 125 ( ) City of Renton Public Works ( ) Bryn Mawr-Lakeridge Sewer/Water Dist ( ) Tukwila City Departments (X ) Public Works ( ) Fire ( ) Police ( ) Finance ( ) Planning ( ) Building ( ) Parks & Rec ( ) Mayor (X) City Clerk (PUBLIC HEARINGS/MEETINGS) Section 6 CITY AGENCIES ( ) Kent Planning Dept ( ) Renton Planning Dept ( ) City of SeaTac ( ) City of Burien ( ) City of Seattle ( ) Strategic Planning *Notice of all Seattle Related Projects ( ) Puget Sound Regional Council ( ) SW KC Chamber of Commerce ( ) Muckleshoot Indian Tribe * ( ) Cultural Resources ( ) Fisheries Program ( ) Wildlife Program ( ) Duwamish Indian Tribe * ( ) Tukwila Historical Society** Section 7 OTHER LOCAL AGENCIES ( ) Puget Sound Clean Air Agency ( ) Sound Transit/SEPA ( ) Duwamish River Clean Up Coalition * ( ) Washington Environmental Council ( ) People for Puget Sound * ( ) Futurewise * send notice of all applications on Green/Duwamish River ** send notices for all Tukwila projects which require public notice — via email to tukwilahistsociety@tukwilahistory.orq and rcwiesertacomcast.net ( ) Seattle Times ( ) South County Journal Section 8 MEDIA ( ) Highline Times ( ) City of Tukwila Website W:Admin\Admin Forms\Agency Checklist i City of Tukwila Aran Ekberg, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION April 11, 2016 Mike Davis 19655 lst Avenue S, Suite 204 Normandy Park, WA 98166 m i ked Cad k i n gsto n rea lty nw. co m RE: Rau Lot Size Variance L16-0003 (Zoning Code Variance), PL16-0003 (Project File) Dear Mr. Davis, Your application for a zoning code variance to allow construction of one single-family home on a 6000 square foot lot which does not meet the Low Density Residential (LDR) zone lot size minimum of 6500 square feet is considered complete on April 11, 2016 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 permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Please feel free to contact me with any questions at (206) 433-7166. Sincerely, Laura Benjamin Assistant Planner cc. PL16-0003 Tukwila CltyHal • 6200SouthcenterBoulevard • Tukwila WA98188 • 206- 33-1800 • Webaitc Tukw WA.gov P . , at* apJtdit a Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Laura Benjamin, HEREBY DECLARE THAT: Notice of Application Notice of Decision Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action X Other: Apgli NOfi« o-c- OmrJe,4e Awlicz2fi'on Was mailed to each of the addresses listed/attached on this 11 th day of April, 2016 Project Name: Rau Lot Size Variance Project Number: L16-0003 Associated File Number (s): PL16-0003 Mailing requested by: Laur Benjamin Mailer's signatur . / • #7,2 W:\USERS\LAURA\AFFIDAVIT OF DISTRIBUTION.DOC Mike Davis (Applicant) miked@kingstonrealtynw.com Kyle Rushing (Party of Record) kyle@kingstonrealtynw.com W:\USERS\LAURA\AFFIDAVIT OF DISTRIBUTION.DOC ti City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director NOTICE OF INCOMPLETE APPLICATION February 23, 2016 Mike Davis 19655 15t Avenue S, Suite 204 Normandy Park, WA 98166 miked@kingstonrealtvnw.com RE: Rau Lot Size Variance L16-0003 (Zoning Code Variance), PL16-0003 (Project File) Dear Mr. Davis, Your application for a zoning code variance to allow construction of one single-family home on a 6000 square foot lot which does not meet the Low Density Residential (LDR) zone lot size minimum of 6500 square feet has been found to be incomplete. The following must be submitted to the Permit Center to make the application complete: 1. A Site Plan, with a graphic scale, north arrow and project name, which shows: existing and proposed building footprints; vicinity map with site location; highlight the change being requested through the variance; parking lots, landscape areas, and other site improvements; and fences, rockeries and retaining walls with called out colors, height, and materials — item 11 on the application checklist. Submit four copies, no larger than 24" x 36". 2. A Chain of Title for the subject property (APN 0179001745) and the adjacent properties to the north and south, (APN 0179001730, 0179001756), must be dated within 45 days of application filing. This information is needed to determine if the owner of the subject property had the ability to combine adjacent properties to meet the minimum lot size. The Zoning Code Variance Complete Application Checklist can be found online at http://tukwilawa.gov/wp- content/uploads/DCD-Apps-Zoning-Code-Shoreline-Variance.pdf. Upon receipt of these items, the City will re -review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. This application will expire if we do not receive the additional information within ninety days of the date of this letter, unless an extension is granted pursuant to Tukwila Municipal Code 18.104.070(E). I would be happy to meet with you to discuss the zoning code variance application. If you have any questions with this matter you may call me at (206) 433-7166. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Page 2 of 2 2/23/2016 W:\Users\Laura\L16-0003 Rau Variance Incomplete.docx Sincerely, Laura Benjamin Assistant Planner cc. PL16-0003 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwitaWA.gov 1 / \ \ eitv af 5" aftwita Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Laura Benjamin, HEREBY DECLARE THAT: Notice of Application Notice of Decision Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action X Other: Notice of Incomplete Application Was mailed to each of the addresses listed/attached on this 23rd day of February, 2016 Project Name: Rau Lot Size Variance Project Number: L16-0003 Associated File Number (s): PL16-0003 Mailing requested by: Laura enjamin / `- Mailer's si nature: W:\USERS\LAURA\AFFIDAVIT OF DISTRIBUTION.DOC Mike Davis (Applicant) miked@kingstonrealtynw.com W:\USERS\LAURA\AFFIDAVIT OF DISTRIBUTION.DOC Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 1 GUARANTEE Issued by First American Title Insurance Company 818 Stewart St, Ste 800, Seattle, WA 98101 Title Officer: Tim Daniels Phone: (206)728-0400 FAX: First American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 2 First American First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn- (206)728-0400 (800)826-7718 Fax - RECORDED DOCUMENT GUARANTEE LIABILITY: $ 3,000.00 FEE: $ 236.00 SALES TAX $ 22.66 ORDER NO.: 4209-2624133 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the terms and provisions of the application for this Guarantee and the Liability Exclusions and Limitations set forth below in Schedule A. GUARANTEES Kingston Realty LLC herein called the Assured, against Toss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed by the Assured and each document referred to in Schedule A as an exception must be attached hereto. Dated: March 22, 2016 at 7:30 A.M. First American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 3 SCHEDULE A The assurances referred to on the face page are: That according to the Company's title plant records subsequent from January 01, 2004 to March 18, 2016, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds Deeds, contracts or leases or subleases (hereinafter documents) describing said real property or any portion thereof, other than those shown below under Exceptions, which documents are attached hereto and made a part hereof. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. EXCEPTIONS: AS ATTACHED HERETO ON CHAIN SHEET. DESCRIPTION: AS ATTACHED HERETO ON EXHIBIT A. First American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 4 INST REC'D CHAIN SHEET FILE NO. GRANTOR GRANTEE Statutory July 24, 20020724001722T. Patrick Beane, as a Doak Homes, Inc., a Warranty Deed 2002 Separate Estate and Joel Washington Corporation J. Parons, as a Separate Estate Affects: Includes other property Statutory May 06, 20100506000804 Doak Homes, Inc., a Warranty Deed 2010 Washington Corporation Statutory January 20, 20160120000437Tung Pham, a single Warranty Deed 2016 person and Cindy L. Tran, a single person, as joint tenants with right of survivorship, and not as tenants in common Tung Pham, a single person, and Cindy L. Tran, a single person, as joint tenants with right of survivorship, and not as tenants in common Linh Duy Ta and Thuy N Nguyen, husband and wife REMARKS first American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in this Guarantee, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in this Guarantee, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. • An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the nights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) Fist American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 6 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in this Guarantee; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Fonn No. 1282 (Rev. 12/15/95) First American Title Recorded Document Guarantee Guarantee No.: 4209-2624133 Guarantee Form No. 27 (5/16/90) Page No. 7 Exhibit "A" Real property in the County of King, State of Washington, described as follows: LOT 39 AND THE SOUTH HALF OF LOT 40, BLOCK 8 ALLENTOWN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 100, RECORDS OF KING COUNTY, WASHINGTON. (ALSO KNOWN AS PARCEL B OF BOUNDARY LINE ADJUSTMENT NO. L08-042 RECORDED ON SEPTEMBER 25, 2008, AS RECORDING NUMBER 20080925900008, IN THE OFFICIAL RECORDS OF KING COUNTY, WASHINGTON.) Tax Parcel Number: 017900-1756-09 FirstArnerican Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 1 GUARANTEE Issued by First American Title Insurance Company 818 Stewart St, Ste 800, Seattle, WA 98101 Title Officer: Tim Daniels Phone: (206)728-0400 FAX: First American Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 2 First American First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn- (206)728-0400 (800)826-7718 Fax - RECORDED DOCUMENT GUARANTEE LIABILITY: $ 3,000.00 FEE: $ 232.00 SALES TAX $ 22.27 ORDER NO.: 4209-2624145 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the terms and provisions of the application for this Guarantee and the Liability Exclusions and Limitations set forth below in Schedule A. GUARANTEES Kingston Realty LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed by the Assured and each document referred to in Schedule A as an exception must be attached hereto. Dated: March 22, 2016 at 7:30 A.M. First American Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 3 SCHEDULE A The assurances referred to on the face page are: That according to the Company's title plant records subsequent from January 01, 2004 to March 18, 2016, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds Deeds, contracts or leases or subleases (hereinafter documents) describing said real property or any portion thereof, other than those shown below under Exceptions, which documents are attached hereto and made a part hereof. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington, 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. EXCEPTIONS: AS ATTACHED HERETO ON CHAIN SHEET. DESCRIPTION: AS ATTACHED HERETO ON EXHIBIT A. First American Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 4 INST CHAIN SHEET REC'D FILE NO. GRANTOR Statutory July 24, 20020724001722T. Patrick Beane, as a Warranty Deed 2002 separate estate and Joel J. Parons, as a separate estate 20110815000798 Doak Homes, Inc., a Washington Corporation Statutory August 15, Warranty Deed 2011 GRANTEE REMARKS Doak Homes, Inc., a Includes other property Washington Corporation Elizabeth F. Del Donno, a single person and Eileen Del Donno, a single person First American Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in this Guarantee, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in this Guarantee, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 6 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said hen for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Cornpany up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in this Guarantee; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, hen or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defed:, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. A!I notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) First American Title Recorded Document Guarantee Guarantee No.: 4209-2624145 Guarantee Form No. 27 (5/16/90) Page No. 7 Exhibit "A" Real property in the County of King, State of Washington, described as follows: LOT C, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L08-041, RECORDED UNDER RECORDING NO. 20080925900007, IN KING COUNTY, WASHINGTON. Tax Parcel Number: 017900-1730-00 First American Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 1 RECEIVED PR 07 2016 COMMUNITY DEVELOPMENT GUARANTEE Issued by First American Title Insurance Company 818 Stewart St; Ste 800, Seattle, WA 98101 Title Officer: Tim Daniels Phone: (206)728-0400 FAX: First American Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 2 First American First American Title Insurance Company 818 Stewart St, Ste 800 Seattle, WA 98101 Phn- (206)728-0400 (800)826-7718 Fax - RECORDED DOCUMENT GUARANTEE LIABILITY: $ 1,000.00 FEE: $ 100.00 SALES TAX $ 9.60 ORDER NO.: 4209-2624140 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the terms and provisions of the application for this Guarantee and the Liability Exclusions and Limitations set forth below in Schedule A. GUARANTEES Kingston Realty LLC herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. In order for the Guarantee to be valid and effective, the application and agreement for the issuance of a Recorded Document Guarantee executed by the Assured and each document referred to in Schedule A as an exception must be attached hereto. Dated: March 22, 2016 at 7:30 A.M. First American Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 3 SCHEDULE A The assurances referred to on the face page are: That according to the Company's title plant records subsequent from January 01, 2004 to March 18, 2016, relative to the following described real property (but without examination of those company title plants maintained and indexed by name), there are no Deeds Deeds, contracts or leases or subleases (hereinafter documents) describing said real property or any portion thereof, other than those shown below under Exceptions, which documents are attached hereto and made a part hereof. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Instruments, proceedings or other matters which do not specifically describe said land. 5. Documents pertaining to mineral estates. EXCEPTIONS: AS ATTACHED HERETO ON CHAIN SHEET. DESCRIPTION: AS ATTACHED HERETO ON EXHIBIT A. First American Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 4 CHAIN SHEET INST REC'D FILE NO. GRANTOR GRANTEE Quit Claim September 6563461 Gerald S. Rau and Lila F. P. Chalene Rau, single Deed 11, 1969 Rau REMARKS First American Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 5 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terrns. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in this Guarantee, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in this Guarantee, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required ir. the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First Amer/can Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 6 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragiaph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in this Guarantee; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the compietion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in sewing any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the and is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) First American Title Recorded Document Guarantee Guarantee No.: 4209-2624140 Guarantee Form No. 27 (5/16/90) Page No. 7 Exhibit "A" Real property in the County of King, State of Washington, described as follows: Lots 37 and 38, Block 8, Allentown Addition to the City of Seattle, according to the Plat thereof recorded in Volume 12 of Plats, Page(s) 100, records of King County, Washington. Tax Parcel Number: 017900-1745-03 First American Title CITY OF TUKWILA Department of Community Development 6300 Soinkreilter Bou/.1.-rnrri, Tukwila. W.1 9 $18S Telephone: (2% 43 1-3670 AiFIDAVIT OF OWNERSHIP .krio HOLD HARMLESS PERMISSION TO rN T FR P ROPFRTY STATE OF WASHiNGTON COUNTY OF }ZING Thc uod=lignal being duty sworn and Lpun tiL1i int-3 es tUll the ctn.= own= of tl= property which i% the su.Stect of thlz appheatioc. 2. All zweiltr...u.contatneti rn th-- applications have l=it prep -red hy ne o.7 rty agents and a true nod earrect be of MY Imowledco._ 3. Ttic aispli=tten is bennitted with ray knowledge -,•-nd citr 4. Gutter taW1t3 the City, its employees. agenu.' er,,str.ms, cemnictors : Lithe!: tae rilln to enter :Arm Ow7-.cr's rca! property. located nt el I? 0 a 17 - the purpo or appli=tion roicwfot the tiallt=1 time reces.urry to c*,317' purr. ;a 5. Owner c&-.3 to hold the City h.rnLs.t fee aL.y1oi o dw to par.:. 15 or propoccorr:r j on Om privz.4.7. ps the City's erlry upon the property. trgess the !oss or danmgc :5 the res-1:1 or i)c oie r.,F,enc or the Ctly 6. Nc.repiveii to City tufortmtton tecuen fur any (90) ur ittzre he came tn emee: the appriztioe.c) without refund of fees. EXFCLITFD at _ (city), ahcz}6726 (Priit Nacre; {5L 2qve_, Ott k (Addre.s:,) t,t_74t, Q)°6 tPltele Noten ; 11 _ On ulm day persoe-.1Iy 82pettral before roe - _ tm TWT1 L te the individual who ezemitzd the foregoing In mad and oda.zNed1,04..t xi ,necl the ....r i:Ls htjj rotnat-..r} txt :rindcifar the t Te3 C111:1 7IrrlYZel 17=tiortttl therein. SUBSCRIBED AND SWORN TO BEFORE ME ON NOTARY Ppi rcrdii .71 DA Y 01,n My Conriusw.,on r trrr, or Carrowercrierraivra "!a Pg12:7-, t. 11.'1 VPTIATAX A.:74C e 1;11:51-rio,tran Cash Register Receipt City of Tukwila DESCRIPTIONS ProjectTRAK ACCOUNT QUANTITY PAID 3,026'1 L16-0003 Address: pn: 0179001745 ,0261 TECHNOLOGY FEE TECHNOLOGY FEE ZONING TOTAL FEES PAID BY RECEIPT: R7656 R000.322.900.04.00 R000.345.810.00.00 0.00 0.00 $144.10 $2,882.00 $2,882.00 $3,026.10 Date Paid: Wednesday, February 10, 2016 Paid By: STILLWATER CONSULTING Pay Method: CHECK 2102 Printed: Wednesday, February 10, 2016 11:59 AM 1 of 1 SYSTEMS CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 ZONING CODE OR SHORELINE VARIANCE APPLICATION FOR STAFF USE ONLY Permits Plus Type: P VAR Planner: File Number: of1_.� Z/ —i6 Application Complete Date: Project File Number: Application Incomplete Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: C L1q 1 etie kct4 Ltda i c-e B F DFWR�O�1V CjF PROJECT: VC� Jot be � fay / e � (/�l/Jj , O lQJ jr . -5Q &)( LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 122XK 54rtV1 It-ve S , 'j'N fi.t.-Pt ok 'v fi Top( *o(7(10O17(15 LIST ALL TAX LOT NUMBERS (this information may .be found on your tax statement). T ct)( #01790017(15 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: M 1 1C P ctv 1 5 Address: 11655 Itf Ave 5o c4t" - S c41--e 2.ey top dlndy P Li' , w� gg166 Phone: 2O6` 6?3- (t53� FAX: etj�`j `��}` 'G�cii9 _ E-mail: VV.)) d ih 5f iii rent tyrl1 ' . L? Wi Signature: Date: t" Z — 2.61 6 \\deptstore\City Common \Teri\Revisions In Progress\Zoning Code -Shoreline Variance App.docx COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until the application is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206-431-3670 (Department of Community Development) and 206-433-0179 (Department of Public Works). Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: / 1. Application Checklist (1 copy) indicating items submitted with application. 2. Completed Application Form and rawinjs (4 copies). 3. One set of all plans reduced to 8 1/2" x 11" or 11" x 17". 1/ 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (1 copy attached). 5. Application Fee: See Land Use Fee Schedule. The applicant is also responsible for paying the Hearing Examiner costs before issuance of the decision. PUBLIC NOTICE MATERIALS: 6. Payment of notice board fee to FastSigns (see Land Use Fee Schedule) Tukwila OR provide a 4' x 4' public notice board on site within 14 days of the Department determining that a complete application has been received (see Public Notice Sign Specifications Handout). 7. Pay the fee as established by the Land Use Fee Schedule for generating mailing labels; OR provide an excel spreadsheet of mailing labels for all property owners and tenants (residents and businesses) within 500 feet of the subject property. Each unit in multiple family buildings e.g. apartments, condos, trailer parks --must be included. Once your project is assigned to a planner, you will be required to provide an electronic copy of the mailing label spreadsheet in the following format: Name, Street Address, City St Zip, with each of these fields as an individual column: Name Street Address City, St, Zip Mr. Smith 1234 Park Ave S Tukwila WA 98188 PLEASE NOTE: Regardless of whether you pay the City to generate the mailing labels or you provide them, there is an additional fee for postage and material as listed under Public Notice Mailing Fee on the Land Use Fee Schedule. Payment of this fee is due prior to issuance of the decision and you will receive a separate bill for this fee. 8. If providing own labels, include King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. \\deptstore\City Common\Teri\Revisions In Progress\Zoning Code -Shoreline Variance App.docx Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning PROJECT DESCRIPTION AND ANALYSIS: 9. A written discussion of project consistency with the review criteria found on pages 6-8 of this Application. This is your opportunity to present the merits of your request. 10. Any additional drawings or information needed to explain or support the variance request. Maximum size of any drawing is 24" x 36". SITE PLAN: 11. (a) The site plan must include a graphic scale, north arrow and project name. Maximum size 24" x 36". (b) Existing and proposed building footprints. (c) Vicinity Map with site location; does not have to be to scale. (d) Highlight the change being requested through the variance. (e) Parking lots, landscape areas and other site improvements. (f) Fences, rockeries and retaining walls with called out colors, height and materials. (g) For a shoreline variance, identify the location of the ordinary high water mark, the 200 foot shoreline jurisdiction, and the location of the applicable shoreline buffer (Residential, Urban Conservancy or High Intensity). \\deptstore\City Common\Teri\Revisions In Progress\Zoning Code -Shoreline Variance App.docx